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Terms Used In Utah Code 13-14-303

  • board: means the Utah Motor Vehicle Franchise Advisory Board created in Section 13-14-103. See Utah Code 13-14-102
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 13-14-102
  • franchise agreement: includes a sales and service agreement. See Utah Code 13-14-102
  • Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new motor vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-14-102
  • Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new motor vehicles manufactured, produced, assembled, represented, or distributed by the franchisor, and includes:
         (11)(a) the manufacturer, producer, assembler, or distributor of the new motor vehicles;
         (11)(b) an intermediate distributor; and
         (11)(c) an agent, officer, or field or area representative of the franchisor. See Utah Code 13-14-102
  • Line-make: means :
         (13)(a) for other than a recreational vehicle, the motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor; or
         (13)(b) for a recreational vehicle, a specific series of recreational vehicle product that:
              (13)(b)(i) is identified by a common series trade name or trademark;
              (13)(b)(ii) is targeted to a particular market segment, as determined by decor, features, equipment, size, weight, and price range;
              (13)(b)(iii) has a length and floor plan that distinguish the recreational vehicle from other recreational vehicles with substantially the same decor, features, equipment, size, weight, and price;
              (13)(b)(iv) belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and
              (13)(b)(v) a franchise agreement authorizes a dealer to sell. See Utah Code 13-14-102

     If under Section 13-14-301 the executive director permits a franchisor to terminate or not continue a franchise and prohibits the franchisor from entering into a franchise for the sale of new motor vehicles of a line-make in a relevant market area, the franchisor may not enter into a franchise for the sale of new motor vehicles of that line-make in the specified relevant market area unless the executive director determines, after a recommendation by the advisory board, that there has been a change of circumstances so that the relevant market area at the time of the establishment of the new franchise agreement can reasonably be expected to support the new franchisee.