Utah Code > Title 13 > Chapter 14 – New Automobile Franchise Act

		Sections
Part 1	General Administration	13-14-101 – 13-14-108
Part 2	Franchises in General	13-14-201 – 13-14-206
Part 3	Restrictions on Termination, Relocation, and Establishment of Franchises	13-14-301 – 13-14-310

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Terms Used In Utah Code > Title 13 > Chapter 14 - New Automobile Franchise Act

Accessory dwelling unit: means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. See Utah Code 10-9a-103
accounting: means :
(1)(a) the systematic recording, classification, or summarizing of a financial transaction or event; and
(1)(b) the interpretation or presentation of the result of an action described in Subsection (1)(a). See Utah Code 17-19a-102
Accounting services: means the creation, modification, or deletion of transactions and records in a financial accounting system, including the preparation of a county's annual financial report. See Utah Code 17-19a-102
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Actual weight: means the actual unladen weight of a vehicle or combination of vehicles as operated and certified to by a weighmaster. See Utah Code 41-1a-102
Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Adverse action: means to take any of the following actions against a person in a manner that affects the person's employment or contractual relationships:
     (1)(a) discharge the person;
     (1)(b) threaten the person;
     (1)(c) coerce the person;
     (1)(d) intimidate the person; or
     (1)(e) discriminate against the person, including to discriminate in:
          (1)(e)(i) compensation;
          (1)(e)(ii) terms;
          (1)(e)(iii) conditions;
          (1)(e)(iv) location;
          (1)(e)(v) rights;
          (1)(e)(vi) immunities;
          (1)(e)(vii) promotions; or
          (1)(e)(viii) privileges. See Utah Code 40-2-102
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Affected municipality: means an incorporated city or town:
     (2)(a) that is located in the notice area; and
     (2)(b)
          (2)(b)(i) within which a franchisor is proposing a new or relocated dealership that is within the relevant market area of an existing dealership of the same line-make owned by another franchisee; or
          (2)(b)(ii) within which an existing dealership is located and a franchisor is proposing a new or relocated dealership within the relevant market area of that existing dealership of the same line-make. See Utah Code 13-14-102
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affiliate: has the meaning set forth in Section 16-10a-102. See Utah Code 13-14-102
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Aftermarket product: means any product or service not included in the franchisor's suggested retail price of the new motor vehicle, as that price appears on the label required by Utah Code 13-14-102
Agency: means :
(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
(6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
Allegation: something that someone says happened.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appearance: means any opportunity to address the board, a board member, a panel, or hearing officer, including an interview. See Utah Code 77-27-1
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Arrest: Taking physical custody of a person by lawful authority.
articles of incorporation: means :
     (11)(a) the original articles;
     (11)(b) a special law;
     (11)(c) a charter;
     (11)(d) an amendment;
     (11)(e) restated articles;
     (11)(f) articles of merger or consolidation;
     (11)(g) a trust instrument;
     (11)(h) another constitutive document for a trust or other entity that is not a corporation; and
     (11)(i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
auditing: means an examination that is a formal analysis of a county account or county financial record:
     (3)(a) to verify accuracy, completeness, or compliance with an internal control;
     (3)(b) to give a fair presentation of a county's financial status; and
     (3)(c) that conforms to the uniform classification of accounts established by the state auditor. See Utah Code 17-19a-102
authorized insurer: means an insurer:
(191)(b)(i) holding a valid certificate of authority to do an insurance business in this state; and
(191)(b)(ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301
Autocycle: means the same as that term is defined in Section 53-3-102. See Utah Code 41-1a-102
Automated driving system: means the same as that term is defined in Section Utah Code 41-1a-102
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Bequest: Property gifted by will.
Board: means the Board of Pardons and Parole. See Utah Code 77-27-1
board: means the Utah Motor Vehicle Franchise Advisory Board created in Section 13-14-103. See Utah Code 13-14-102
Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-12-101
Book: means a financial record of the county, regardless of a record's format. See Utah Code 17-19a-102
Camper: means a structure designed, used, and maintained primarily to be mounted on or affixed to a motor vehicle that contains a floor and is designed to provide a mobile dwelling, sleeping place, commercial space, or facilities for human habitation or for camping. See Utah Code 41-1a-102
Case action plan: includes the criminal risk factors as determined by a risk and needs assessment conducted by the department. See Utah Code 77-27-1
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
Certificate: means evidence of insurance given to:
(23)(a) an insured under a group insurance policy; or
(23)(b) a third party. See Utah Code 31A-1-301
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Coal mine: means :
     (2)(a) the following used in extracting coal from its natural deposits in the earth by any means or method:
          (2)(a)(i) the land;
          (2)(a)(ii) a structure;
          (2)(a)(iii) a facility;
          (2)(a)(iv) machinery;
          (2)(a)(v) a tool;
          (2)(a)(vi) equipment;
          (2)(a)(vii) a shaft;
          (2)(a)(viii) a slope;
          (2)(a)(ix) a tunnel;
          (2)(a)(x) an excavation; and
          (2)(a)(xi) other property; and
     (2)(b) the work of preparing extracted coal, including a coal preparation facility. See Utah Code 40-2-102
Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102
Commercial vehicle: means a motor vehicle, trailer, or semitrailer used or maintained for the transportation of persons or property that operates:
(14)(a) as a carrier for hire, compensation, or profit; or
(14)(b) as a carrier to transport the vehicle owner's goods or property in furtherance of the owner's commercial enterprise. See Utah Code 41-1a-102
Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 77-27-1
Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 40-2-102
Commission: means the State Tax Commission. See Utah Code 41-1a-102
Commissioned officer: includes a commissioned warrant officer. See Utah Code 39A-5-102
Commissioner: means the commissioner appointed under Section 34A-1-201. See Utah Code 40-2-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
contribution: means any of the following when done for a political purpose:
          (1)(a)(i) a gift, subscription, donation, loan, advance, deposit of money, or anything of value given to the filing entity;
          (1)(a)(ii) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, deposit of money, or anything of value to the filing entity;
          (1)(a)(iii) any transfer of funds from another reporting entity to the filing entity;
          (1)(a)(iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;
          (1)(a)(v) a loan made by a county office candidate or local school board candidate deposited into the county office candidate's or local school board candidate's own campaign account; or
          (1)(a)(vi) an in-kind contribution. See Utah Code 17-16-202
Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Council: means the Mine Safety Technical Advisory Council created in Section 40-2-203. See Utah Code 40-2-102
County auditor: includes a person given the title of county controller under Subsection 17-19a-202(6). See Utah Code 17-19a-102
County executive: means the elected chief executive officer of a county. See Utah Code 17-19a-102
County executive: means :
     (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
     (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
County legislative body: means :
     (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
County office: means an office described in Section 17-53-101 that is required to be filled by an election. See Utah Code 17-16-202
County office candidate: means an individual who:
(3)(a) files a declaration of candidacy for a county office; or
(3)(b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a county office. See Utah Code 17-16-202
County officer: means an individual who holds a county office. See Utah Code 17-16-202
Criminal accounts receivable: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
Criminal risk factors: means a person's characteristics and behaviors that:
(7)(a) affect that person's risk of engaging in criminal behavior; and
(7)(b) are diminished when addressed by effective treatment, supervision, and other support resources resulting in reduced risk of criminal behavior. See Utah Code 77-27-1
Cross examine: Questioning of a witness by the attorney for the other side.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102
Dealership: means a site or location in this state:
(5)(a) at which a franchisee conducts the business of a new motor vehicle dealer; and
(5)(b) that is identified as a new motor vehicle dealer's principal place of business for licensing purposes under Section 41-3-204. See Utah Code 13-14-102
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Deliberative process: includes the votes, mental processes, written notes, and recommendations of individual board members and staff. See Utah Code 77-27-1
Department: means the Department of Corrections. See Utah Code 77-27-1
Department: means the Department of Commerce. See Utah Code 13-14-102
Dependent: A person dependent for support upon another.
Diesel fuel: means the same as that term is defined in Section 59-13-102. See Utah Code 41-1a-102
Director: means the director of the Utah Office of Coal Mine Safety appointed under Section 40-2-202. See Utah Code 40-2-102
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-12-101
Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
Do-not-drive order: means an order issued by a franchisor that instructs an individual not to operate a motor vehicle of the franchisor's line-make due to a recall. See Utah Code 13-14-102
Donor: The person who makes a gift.
Dynamic driving task: means the same as that term is defined in Section Utah Code 41-1a-102
Electric motor vehicle: means a motor vehicle that is powered solely by an electric motor drawing current from a rechargeable energy storage system. See Utah Code 41-1a-102
Enlisted member: means an individual in an enlisted grade. See Utah Code 39A-5-102
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
Essential parts: means the integral and body parts of a vehicle of a type required to be registered in this state, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter the vehicle's appearance, model, type, or mode of operation. See Utah Code 41-1a-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
(2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
Executive director: means the executive director of the Department of Commerce. See Utah Code 13-14-102
Executive session: A portion of the Senate's daily session in which it considers executive business.
expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
(5)(a)(i) any disbursement from contributions, receipts, or the separate bank account required under Section Utah Code 17-16-202
Expiration: means when the maximum sentence has run. See Utah Code 77-27-1
Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Family: means any individual related to the victim as a spouse, child, sibling, parent, or grandparent, or the victim's legal guardian. See Utah Code 77-27-1
Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
fifth wheel trailer: means a portable vehicle without motive power, designed as a temporary dwelling for travel, recreational, or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle. See Utah Code 13-14-102
fifth wheel trailer: means a portable vehicle without motive power, designed as a temporary dwelling for travel, recreational, or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle. See Utah Code 41-1a-102
Filing entity: means :
     (6)(a) a county office candidate;
     (6)(b) a county officer;
     (6)(c) a local school board candidate;
     (6)(d) a local school board member; or
     (6)(e) a reporting entity that is required to meet a campaign finance disclosure requirement adopted by a county in accordance with Section Utah Code 17-16-202
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Fleet: means one or more commercial vehicles. See Utah Code 41-1a-102
Foreign insurer: means an insurer domiciled outside of this state, including an alien insurer. See Utah Code 31A-1-301
Form: means one of the following prepared for general use:
          (74)(a)(i) a policy;
          (74)(a)(ii) a certificate;
          (74)(a)(iii) an application;
          (74)(a)(iv) an outline of coverage; or
          (74)(a)(v) an endorsement. See Utah Code 31A-1-301
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
Fraud: Intentional deception resulting in injury to another.
full hearing: means an appearance before the board, a panel, a board member or hearing examiner, at which an offender or inmate is afforded an opportunity to be present and address the board. See Utah Code 77-27-1
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
health insurance: means insurance providing:
(84)(a)(i) a health care benefit; or
(84)(a)(ii) payment of an incurred health care expense. See Utah Code 31A-1-301
Highway: includes :
     (15)(a) a public bridge;
     (15)(b) a county way;
     (15)(c) a county road;
     (15)(d) a common road; and
     (15)(e) a state road. See Utah Code 68-3-12.5
Hybrid electric motor vehicle: means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are both:
(29)(a) an internal combustion engine or heat engine using consumable fuel; and
(29)(b) a rechargeable energy storage system where energy for the storage system comes solely from sources onboard the vehicle. See Utah Code 41-1a-102
Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102
Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Individual: means a natural person. See Utah Code 31A-1-301
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Insurance: includes :
          (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
          (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
          (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
Joint resolution: A legislative measure which requires the approval of both chambers.
Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Jurisdiction: means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country. See Utah Code 41-1a-102
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Lead: means the referral by a franchisor to a franchisee of a potential customer whose contact information was obtained from a franchisor's program, process, or system designed to generate referrals for the purchase or lease of a new motor vehicle, or for service work related to the franchisor's vehicles. See Utah Code 13-14-102
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Liability insurance: includes :
          (112)(b)(i) vehicle liability insurance;
          (112)(b)(ii) residential dwelling liability insurance; and
          (112)(b)(iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
Lien: A claim against real or personal property in satisfaction of a debt.
Lienholder: means a person with a security interest in particular property. See Utah Code 41-1a-102
Life insurance: means :
(114)(a)(i) insurance on a human life; and
(114)(a)(ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
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
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local school board candidate: means an individual who:
(8)(a) files a declaration of candidacy for local school board; or
(8)(b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a local school board. See Utah Code 17-16-202
Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103
Major coal mine accident: means any of the following at a coal mine located in Utah:
     (7)(a) a mine explosion;
     (7)(b) a mine fire;
     (7)(c) the flooding of a mine;
     (7)(d) a mine collapse; or
     (7)(e) the accidental death of an individual at a mine. See Utah Code 40-2-102
Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 41-1a-102
Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102
Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
Military judge: means a qualified staff judge advocate officer of a military court detailed under Section 39A-5-206. See Utah Code 39A-5-102
Mine Safety and Health Administration: means the federal Mine Safety and Health Administration within the United States Department of Labor. See Utah Code 40-2-102
Mobile home: means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). See Utah Code 41-1a-102
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
Motor fuel: means the same as that term is defined in Section 59-13-102. See Utah Code 41-1a-102
Motor home: means a self-propelled vehicle, primarily designed as a temporary dwelling for travel, recreational, or vacation use. See Utah Code 13-14-102
Motor vehicle: means :
          (16)(a)(i) except as provided in Subsection (16)(b), a trailer;
          (16)(a)(ii) a travel trailer;
          (16)(a)(iii) except as provided in Subsection (16)(b), a motor vehicle as defined in Section 41-3-102;
          (16)(a)(iv) a semitrailer as defined in Section 41-1a-102; and
          (16)(a)(v) a recreational vehicle. See Utah Code 13-14-102
Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipality: means :
     (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
     (5)(b) a town, as classified in Section 10-2-301; or
     (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
Natural gas: means a fuel of which the primary constituent is methane. See Utah Code 41-1a-102
New motor vehicle: means a motor vehicle that:
(17)(a) has never been titled or registered; and
(17)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 13-14-102
New motor vehicle dealer: is a person who is licensed under Subsection 41-3-202(1) to sell new motor vehicles. See Utah Code 13-14-102
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Nonconsumptive use of produced water in an oil and gas activity: means the transfer, use, temporary storage before disposal, transport, recycling, treatment, or other disposal of produced water in an oil and gas activity that does not reduce the volume of produced water. See Utah Code 40-12-101
Notice area: means the geographic area that is:
(20)(a) within a radius of at least six miles and no more than 10 miles from the site of an existing dealership; and
(20)(b) located within a county with a population of at least 225,000. See Utah Code 13-14-102
notify: includes both traditional written communications and all reliable forms of electronic communication unless expressly prohibited by statute or rule. See Utah Code 13-14-102
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Odometer: means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset. See Utah Code 41-1a-102
Off-highway vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-1a-102
Office: means the Utah Office of Coal Mine Safety created in Section 40-2-201. See Utah Code 40-2-102
Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
Oil and gas activity: means the same as that term is defined in Section Utah Code 40-12-101
Oil or gas producing well: means a well that, at the time produced water is brought to the surface, is a drillhole boring in earth that is intended to bring and does bring hydrocarbons and associated fluids to the surface. See Utah Code 40-12-101
Open session: means any hearing, before the board, a panel, a board member, or a hearing examiner, that is open to the public, regardless of the location of any person participating by electronic means. See Utah Code 77-27-1
Operate: includes testing of an automated driving system. See Utah Code 41-1a-102
Operator: means a person authorized by the division to operate a unit for an oil or gas producing well. See Utah Code 40-12-101
Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
Panel: means members of the board assigned by the chairperson to a particular case. See Utah Code 77-27-1
Panel: means the Coal Miner Certification Panel created in Section 40-2-204. See Utah Code 40-2-102
Pardon: means :
     (16)(a) an act of grace that forgives a criminal conviction and restores the rights and privileges forfeited by or because of the criminal conviction;
     (16)(b) the release of an offender from the entire punishment prescribed for a criminal offense and from disabilities that are a consequence of the criminal conviction; and
     (16)(c) the reinstatement of any civil rights lost as a consequence of conviction or punishment for a criminal offense. See Utah Code 77-27-1
Park model recreational vehicle: means a unit that:
     (53)(a) is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use;
     (53)(b) is not permanently affixed to real property for use as a permanent dwelling;
     (53)(c) requires a special highway movement permit for transit; and
     (53)(d) is built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode. See Utah Code 41-1a-102
Parole: means a release from imprisonment on prescribed conditions which, if satisfactorily performed by the parolee, enables the parolee to obtain a termination of the parolee's sentence. See Utah Code 77-27-1
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Payment schedule: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
Performance audit: means an assessment of whether a county office, officer, department, division, court, or entity, or any related county program is:
     (9)(a) managing public resources and exercising authority in compliance with law and policy;
     (9)(b) achieving objectives and desired outcomes; and
     (9)(c) providing services effectively, efficiently, economically, ethically, and equitably. See Utah Code 17-19a-102
Person: includes :
     (146)(a) an individual;
     (146)(b) a partnership;
     (146)(c) a corporation;
     (146)(d) an incorporated or unincorporated association;
     (146)(e) a joint stock company;
     (146)(f) a trust;
     (146)(g) a limited liability company;
     (146)(h) a reciprocal;
     (146)(i) a syndicate; or
     (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
Personal use expenditure: includes :
          (9)(b)(i) a mortgage, rent, utility, or vehicle payment;
          (9)(b)(ii) a household food item or supply;
          (9)(b)(iii) a clothing expense, except:
               (9)(b)(iii)(A) clothing bearing the county office candidate's or local school board candidate's name or campaign slogan or logo that is used in the county office candidate's or local school board candidate's campaign;
               (9)(b)(iii)(B) clothing bearing the logo or name of a jurisdiction, district, government organization, government entity, caucus, or political party that the county officer or local school board member represents or of which the county officer or local school board member is a member;
               (9)(b)(iii)(C) repair or replacement of clothing that is damaged while the county office candidate or county officer is engaged in an activity of a county office candidate or county officer; or
               (9)(b)(iii)(D) repair or replacement of clothing that is damaged while the local school board candidate or local school board member is engaged in an activity of a local school board candidate or local school board member;
          (9)(b)(iv) admission to a sporting, artistic, or recreational event or other form of entertainment;
          (9)(b)(v) dues, fees, or gratuities at a country club, health club, or recreational facility;
          (9)(b)(vi) a salary payment made to:
               (9)(b)(vi)(A) a county office candidate, county officer, local school board candidate, or local school board member; or
               (9)(b)(vi)(B) a person who has not provided a bona fide service to a county candidate, county officer, local school board candidate, or local school board member;
          (9)(b)(vii) a vacation;
          (9)(b)(viii) a vehicle expense;
          (9)(b)(ix) a meal expense;
          (9)(b)(x) a travel expense;
          (9)(b)(xi) payment of an administrative, civil, or criminal penalty;
          (9)(b)(xii) satisfaction of a personal debt;
          (9)(b)(xiii) a personal service, including the service of an attorney, accountant, physician, or other professional person;
          (9)(b)(xiv) a membership fee for a professional or service organization; and
          (9)(b)(xv) a payment in excess of the fair market value of the item or service purchased. See Utah Code 17-16-202
Personalized license plate: means a license plate that has displayed on it a combination of letters, numbers, or both as requested by the owner of the vehicle and assigned to the vehicle by the division. See Utah Code 41-1a-102
Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
Plug-in hybrid electric motor vehicle: means a hybrid electric motor vehicle that has the capability to charge the battery or batteries used for vehicle propulsion from an off-vehicle electric source, such that the off-vehicle source cannot be connected to the vehicle while the vehicle is in motion. See Utah Code 41-1a-102
Pneumatic tire: means a tire in which compressed air is designed to support the load. See Utah Code 41-1a-102
Policy: includes a service contract issued by:
          (150)(b)(i) a motor club under Chapter 11, Motor Clubs;
          (150)(b)(ii) a service contract provided under Chapter 6a, Service Contracts; and
          (150)(b)(iii) a corporation licensed under:
               (150)(b)(iii)(A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
               (150)(b)(iii)(B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
Political purpose: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate or a person seeking an office at any caucus, political convention, or election. See Utah Code 17-16-202
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Preceding year: means a period of 12 consecutive months fixed by the division that is within 16 months immediately preceding the commencement of the registration or license year in which proportional registration is sought. See Utah Code 41-1a-102
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
Primary market area: means :
(21)(a) for an existing dealership, the geographic area established by the franchisor that the existing dealership is intended to serve; or
(21)(b) for a new or relocated dealership, the geographic area proposed by the franchisor that the new or relocated dealership is intended to serve. See Utah Code 13-14-102
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Probation: means an act of grace by the court suspending the imposition or execution of a convicted offender's sentence upon prescribed conditions. See Utah Code 77-27-1
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Produced water: means water that is:
     (7)(a)
          (7)(a)(i) extracted below the earth's surface by means of an oil or gas producing well; or
          (7)(a)(ii) separated from hydrocarbons after extraction; and
     (7)(b) required to be disposed of pursuant to board rules for waste management and disposal made pursuant to Subsection 40-6-5(3) and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 40-12-101
producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
Property: includes both real and personal property. See Utah Code 68-3-12.5
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public garage: means a building or other place where vehicles or vessels are kept and stored and where a charge is made for the storage and keeping of vehicles and vessels. See Utah Code 41-1a-102
Quorum: The number of legislators that must be present to do business.
Rank: means the order of precedence among members of the armed forces. See Utah Code 39A-5-102
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. See Utah Code 68-3-12.5
Recall: means a determination by a franchisor or the National Highway Traffic Safety Administration that a motor vehicle has a safety-related defect or fails to meet a federal safety or emissions standard. See Utah Code 13-14-102
Recall repair: means any diagnostic work, labor, or part necessary to resolve an issue that is the basis of a recall. See Utah Code 13-14-102
Receipt of surrender of ownership documents: means the receipt of surrender of ownership documents described in Section 41-1a-503. See Utah Code 41-1a-102
Reconstructed vehicle: means a vehicle of a type required to be registered in this state that is materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used. See Utah Code 41-1a-102
Recreational vehicle: includes :
          (24)(b)(i) a travel trailer;
          (24)(b)(ii) a camping trailer;
          (24)(b)(iii) a motor home;
          (24)(b)(iv) a fifth wheel trailer; and
          (24)(b)(v) a van. See Utah Code 13-14-102
Recreational vehicle: means the same as that term is defined in Section 13-14-102. See Utah Code 41-1a-102
Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
Registration decal: means the decal issued by the division that is evidence of compliance with the division's registration requirements. See Utah Code 41-1a-102
Registration year: means a 12 consecutive month period commencing with the completion of the applicable registration criteria. See Utah Code 41-1a-102
Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
remission: means the same as that term is defined in Section 77-32b-102. See Utah Code 77-27-1
Repair or replacement: means the restoration of vehicles, vessels, or outboard motors to a sound working condition by substituting any inoperative part of the vehicle, vessel, or outboard motor, or by correcting the inoperative part. See Utah Code 41-1a-102
Replica vehicle: means :
(67)(a) a street rod that meets the requirements under Subsection 41-21-1(3)(a)(i)(B); or
(67)(b) a custom vehicle that meets the requirements under Subsection 41-6a-1507(1)(a)(i)(B). See Utah Code 41-1a-102
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
respite: means the temporary suspension of the execution of the sentence. See Utah Code 77-27-1
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-27-1
Restored-modified vehicle: means a motor vehicle that has been restored and modified with modern parts and technology, including emission control technology and an on-board diagnostic system. See Utah Code 41-1a-102
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Road tractor: means a motor vehicle designed and used for drawing other vehicles and constructed so it does not carry any load either independently or any part of the weight of a vehicle or load that is drawn. See Utah Code 41-1a-102
Roadable aircraft: means the same as that term is defined in Section 72-10-102. See Utah Code 41-1a-102 v3
Sailboat: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
Security: means a:
          (176)(a)(i) note;
          (176)(a)(ii) stock;
          (176)(a)(iii) bond;
          (176)(a)(iv) debenture;
          (176)(a)(v) evidence of indebtedness;
          (176)(a)(vi) certificate of interest or participation in a profit-sharing agreement;
          (176)(a)(vii) collateral-trust certificate;
          (176)(a)(viii) preorganization certificate or subscription;
          (176)(a)(ix) transferable share;
          (176)(a)(x) investment contract;
          (176)(a)(xi) voting trust certificate;
          (176)(a)(xii) certificate of deposit for a security;
          (176)(a)(xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
          (176)(a)(xiv) commodity contract or commodity option;
          (176)(a)(xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (176)(a)(i) through (xiv); or
          (176)(a)(xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
Security interest: means an interest that is reserved or created by a security agreement to secure the payment or performance of an obligation and that is valid against third parties. See Utah Code 41-1a-102
Semitrailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and its load rests or is carried by another vehicle. See Utah Code 41-1a-102
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
     (34)(a) sex and reproductive organ anatomy;
     (34)(b) chromosomal makeup; and
     (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Site-control agreement: means an agreement, however denominated and regardless of the agreement's form or of the parties to the agreement, that has the effect of:
     (28)(a) controlling in any way the use and development of the premises upon which a franchisee's business operations are located;
     (28)(b) requiring a franchisee to establish or maintain an exclusive dealership facility on the premises upon which the franchisee's business operations are located; or
     (28)(c) restricting the ability of the franchisee or, if the franchisee leases the dealership premises, the franchisee's lessor to transfer, sell, lease, develop, redevelop, or change the use of some or all of the dealership premises, whether by sublease, lease, collateral pledge of lease, right of first refusal to purchase or lease, option to purchase or lease, or any similar arrangement. See Utah Code 13-14-102
SJA: means the commissioned judge advocate general's corps officer responsible for supervising the delivery of legal services in the National Guard. See Utah Code 39A-5-102
Small trailer: means the same as that term is defined in Section 41-3-102. See Utah Code 13-14-102
Special group license plate: means a type of license plate designed for a particular group of people or a license plate authorized and issued by the division in accordance with Section 41-1a-418 or Part 16, Sponsored Special Group License Plates. See Utah Code 41-1a-102
Special interest vehicle: means a vehicle used for general transportation purposes and that is:
(74)(a)(i) 20 years or older from the current year; or
(74)(a)(ii) a make or model of motor vehicle recognized by the division director as having unique interest or historic value. See Utah Code 41-1a-102
Specially constructed vehicle: means a vehicle of a type required to be registered in this state, not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles, and not materially altered from its original construction. See Utah Code 41-1a-102
Specified public utility: means an electrical corporation, gas corporation, or telephone corporation, as those terms are defined in Section 54-2-1. See Utah Code 10-9a-103
State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State impound yard: means a yard for the storage of a vehicle, vessel, or outboard motor that meets the requirements of rules made by the commission as described in Subsection 41-1a-1101(7). See Utah Code 41-1a-102
Statute: A law passed by a legislature.
street: means the entire width between property lines of every way or place of whatever nature when any part of it is open to the public, as a matter of right, for purposes of vehicular traffic. See Utah Code 41-1a-102
street-legal ATV: means the same as that term is defined in Section 41-6a-102. See Utah Code 41-1a-102 v2
Subpoena: A command to a witness to appear and give testimony.
substantially detrimental: includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application. See Utah Code 13-14-305
surety insurance: includes :
     (185)(a) a guarantee against loss or damage resulting from the failure of a principal to pay or perform the principal's obligations to a creditor or other obligee;
     (185)(b) bail bond insurance; and
     (185)(c) fidelity insurance. See Utah Code 31A-1-301
Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
Swear: includes "affirm. See Utah Code 68-3-12.5
Symbol decal: means the decal that is designed to represent a special group and displayed on a special group license plate. See Utah Code 41-1a-102
Termination: means the act of discharging from parole or concluding the sentence of imprisonment before the expiration of the sentence. See Utah Code 77-27-1
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
Total fleet miles: means the total number of miles operated in all jurisdictions during the preceding year by power units. See Utah Code 41-1a-102
Tow truck motor carrier: means the same as that term is defined in Section 72-9-102. See Utah Code 41-1a-102
Tow truck operator: means the same as that term is defined in Section 72-9-102. See Utah Code 41-1a-102
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Trailer: means the same as that term is defined in Section 41-3-102. See Utah Code 13-14-102
Trailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-1a-102
Transfer: means to sell or otherwise convey. See Utah Code 40-12-101
Transferee: means one of the following who receives a possessory interest in produced water:
     (9)(a) an operator;
     (9)(b) a person who provides recycling or treatment services for produced water; or
     (9)(c) a person who provides disposal services for produced water. See Utah Code 40-12-101
Transferee: means a person to whom the ownership of property is conveyed by sale, gift, or any other means except by the creation of a security interest. See Utah Code 41-1a-102
Transferor: means a person who transfers the person's ownership in property by sale, gift, or any other means except by creation of a security interest. See Utah Code 41-1a-102
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Truck tractor: means a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load that is drawn. See Utah Code 41-1a-102
Trustee: A person or institution holding and administering property in trust.
Unit: means any regularly organized command of the National Guard. See Utah Code 39A-5-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unsafe condition: means a danger that reasonably could be expected to cause serious harm to a person or property. See Utah Code 40-2-102
Used motor vehicle: means a motor vehicle that:
(33)(a) has been titled and registered to a purchaser other than a franchisee; or
(33)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 13-14-102
Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
Victim: means :
(25)(a) a person against whom the defendant committed a felony or class A misdemeanor offense for which a hearing is held under this chapter; or
(25)(b) the victim's family if the victim is deceased as a result of the offense for which a hearing is held under this chapter. See Utah Code 77-27-1
Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
Vintage vehicle: means the same as that term is defined in Section 41-21-1. See Utah Code 41-1a-102
Waters of this state: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
Weighmaster: means a person, association of persons, or corporation permitted to weigh vehicles under this chapter. See Utah Code 41-1a-102
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5