Utah Code > Title 13 > Chapter 21 – Credit Services Organizations Act


§ 13-21-1	Short title
§ 13-21-2	Definitions — Exemptions
§ 13-21-3	Credit services organizations — Prohibitions
§ 13-21-3.5	Registration and suspension of registration
§ 13-21-4	Bond, letter of credit, or certificate of deposit — Not required of agent if obtained by organization
§ 13-21-5	Written information statement required
§ 13-21-6	Contents of statement
§ 13-21-7	Written contracts required — Contents — Notice of cancellation of contract
§ 13-21-7.5	Required disclosures
§ 13-21-8	Burden of proving exception — Penalties — Court’s criminal and equitable jurisdiction — Prosecution
§ 13-21-9	Damages — Punitive damages — Attorney’s fees and costs — Remedies

Ask a bankruptcy law question, get an answer ASAP!
Thousands of highly rated, verified bankruptcy lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code > Title 13 > Chapter 21 - Credit Services Organizations Act

Administrator: means the motor vehicle enforcement administrator. See Utah Code 41-3-102
Adversely affected party: means a person other than a land use applicant who:
(2)(a) owns real property adjoining the property that is the subject of a land use application or land use decision; or
(2)(b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 10-9a-103
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.
Agent: means a person other than a holder of any dealer's or salesperson's license issued under this chapter, who for salary, commission, or compensation of any kind, negotiates in any way for the sale, purchase, order, or exchange of three or more motor vehicles for any other person in any 12-month period. See Utah Code 41-3-102
All-terrain type II vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-6a-102 v2
All-terrain type III vehicle: means the same as that term is defined in Section 41-22-2. See Utah Code 41-6a-102 v2
Alley: means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for through vehicular traffic. See Utah Code 41-6a-102
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
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.
Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
Applicant: means a registered owner who submits an application to obtain or renew a sponsored special group license plate in accordance with this part. See Utah Code 41-1a-1601
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
Arrest: Taking physical custody of a person by lawful authority.
Auction: means a dealer engaged in the business of auctioning motor vehicles, either owned or consigned, to the general public. See Utah Code 41-3-102
Authorized service center: means an entity that:
     (4)(a) is in the business of repairing exclusively the motor vehicles of the same line-make as the motor vehicles a single direct-sale manufacturer manufactures;
     (4)(b) the direct-sale manufacturer described in Subsection (4)(a) authorizes to complete warranty repair work for motor vehicles that the direct-sale manufacturer sells, displays for sale, or offers for sale or exchange; and
     (4)(c) conducts business primarily from an enclosed commercial repair facility that is permanently located in the state. See Utah Code 41-3-102
Autocycle: means the same as that term is defined in Section 53-3-102. See Utah Code 41-6a-102
Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
Body shop: means a person engaged in rebuilding, restoring, repairing, or painting the body of motor vehicles for compensation. See Utah Code 41-3-102
Buyer: means an individual who is solicited to purchase or who purchases the services of a credit services organization. See Utah Code 13-21-2
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
Certificate of title: means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
Charitable purpose: means :
          (2)(a)(i) relief of the poor, the distressed, or the underprivileged;
          (2)(a)(ii) advancement of religion;
          (2)(a)(iii) advancement of education or science;
          (2)(a)(iv) erecting or maintaining a public building, monument, or work;
          (2)(a)(v) reducing the burdens of government;
          (2)(a)(vi) reducing neighborhood tensions;
          (2)(a)(vii) eliminating prejudice and discrimination;
          (2)(a)(viii) defending human rights and civil rights secured by law; or
          (2)(a)(ix) combating community deterioration and juvenile delinquency. See Utah Code 41-1a-1601
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Collegiate special group license plate: means a sponsored special group license plate issued to a contributor to an institution. See Utah Code 41-1a-1601
Commission: means the State Tax Commission. See Utah Code 41-1a-102
Commission: means the State Tax Commission. See Utah Code 41-3-102
Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consignee: means a dealer who accepts vehicles for sale under an agreement that the dealer will pay the consignor for any sold vehicle and will return any unsold vehicles. See Utah Code 41-3-802
Consignor: means a person who places a vehicle with a consignee for consignment sale. See Utah Code 41-3-802
Constitutional taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the:
(9)(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(9)(b) Utah Constitution Article I, § 22. See Utah Code 10-9a-103
Contract: A legal written agreement that becomes binding when signed.
Contributor: means an applicant who contributes the required contribution to a sponsoring organization for a sponsored special group license plate. See Utah Code 41-1a-1601
Controlled-access highway: means a highway, street, or roadway:
(12)(a) designed primarily for through traffic; and
(12)(b) to or from which owners or occupants of abutting lands and other persons have no legal right of access, except at points as determined by the highway authority having jurisdiction over the highway, street, or roadway. See Utah Code 41-6a-102
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.
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Credit reporting agency: means a person who, for a monetary fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third persons. See Utah Code 13-21-2
Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
Credit services organization: means a person who represents that the person or an employee is a debt professional or credit counselor, or, with respect to the extension of credit by others, sells, provides, or performs, or represents that the person can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services:
          (3)(a)(i) improving a buyer's credit record, history, or rating;
          (3)(a)(ii) providing advice, assistance, instruction, or instructional materials to a buyer with regard to Subsection (3)(a)(i); or
          (3)(a)(iii) debt reduction or debt management plans. See Utah Code 13-21-2
Crusher: means a person who crushes or shreds motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to reduce the useable materials and metals to a more compact size for recycling. See Utah Code 41-3-102
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
Dealer: includes a representative or consignee of any dealer. See Utah Code 41-3-102
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Department of Public Safety. See Utah Code 41-6a-102
Direct-sale manufacturer: means a person:
     (9)(a) that is both a manufacturer and a dealer;
     (9)(b) that is:
          (9)(b)(i) an electric vehicle manufacturer; or
          (9)(b)(ii) a low-volume manufacturer;
     (9)(c) that is not a franchise holder;
     (9)(d) that is domiciled in the United States; and
     (9)(e) whose chief officers direct, control, and coordinate the person's activities as a direct-sale manufacturer from a physical location in the United States. See Utah Code 41-3-102
Direct-sale manufacturer salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by a direct-sale manufacturer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of a motor vehicle manufactured by the direct-sale manufacturer who employs the individual. See Utah Code 41-3-102
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismantler: includes a person who dismantles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102
Distributor: means a person who has a franchise from a manufacturer of motor vehicles to distribute motor vehicles within this state and who in whole or in part sells or distributes new motor vehicles to dealers or who maintains distributor representatives. See Utah Code 41-3-102
Distributor branch: means a branch office similarly maintained by a distributor for the same purposes a factory branch is maintained. See Utah Code 41-3-102
Distributor representative: means a person and each officer and employee of the person engaged as a representative of a distributor or distributor branch of motor vehicles to make or promote the sale of the distributor or the distributor branch's motor vehicles, or for supervising or contacting dealers or prospective dealers of the distributor or the distributor branch. See Utah Code 41-3-102
Divided highway: means a highway divided into two or more roadways by:
     (16)(a) an unpaved intervening space;
     (16)(b) a physical barrier; or
     (16)(c) a clearly indicated dividing section constructed to impede vehicular traffic. See Utah Code 41-6a-102
Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
Division: means the Motor Vehicle Enforcement Division created in Section 41-3-104. See Utah Code 41-3-102
Docket: A log containing brief entries of court proceedings.
Electric assisted bicycle: means a bicycle with an electric motor that:
          (18)(a)(i) has a power output of not more than 750 watts;
          (18)(a)(ii) has fully operable pedals;
          (18)(a)(iii) has permanently affixed cranks that were installed at the time of the original manufacture;
          (18)(a)(iv) is fully operable as a bicycle without the use of the electric motor; and
          (18)(a)(v) is one of the following:
               (18)(a)(v)(A) a class 1 electric assisted bicycle;
               (18)(a)(v)(B) a class 2 electric assisted bicycle;
               (18)(a)(v)(C) a class 3 electric assisted bicycle; or
               (18)(a)(v)(D) a programmable electric assisted bicycle. See Utah Code 41-6a-102
Electric personal assistive mobility device: means a self-balancing device with:
          (19)(a)(i) two nontandem wheels in contact with the ground;
          (19)(a)(ii) a system capable of steering and stopping the unit under typical operating conditions;
          (19)(a)(iii) an electric propulsion system with average power of one horsepower or 750 watts;
          (19)(a)(iv) a maximum speed capacity on a paved, level surface of 12. See Utah Code 41-6a-102
Electric vehicle manufacturer: means a person that, in this state, sells, displays for sale, or offers for sale or exchange only new motor vehicles of the person's own line-make that are:
     (16)(a) exclusively propelled through the use of electricity, a hydrogen fuel cell, or another non-fossil fuel source;
     (16)(b)
          (16)(b)(i) passenger vehicles with a gross vehicle weight rating of 14,000 pounds or less; or
          (16)(b)(ii) trucks with a gross vehicle weight rating of 14,000 pounds or less; and
     (16)(c) manufactured by the person. See Utah Code 41-3-102
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
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}
Event data: means records of one or more of the following categories of information regarding a motor vehicle that are captured by an event data recorder:
          (1)(a)(i) whether the vehicle's air bag deployed;
          (1)(a)(ii) vehicle speed;
          (1)(a)(iii) vehicle steering performance;
          (1)(a)(iv) vehicle brake performance or use; or
          (1)(a)(v) vehicle seatbelt status or use. See Utah Code 41-1a-1502
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.
Existing special group license plate: means a special group license plate that the division issues before January 1, 2024. See Utah Code 41-1a-1601
Extension of credit: means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes. See Utah Code 13-21-2
Factory branch: means a branch office maintained by a person who manufactures or assembles motor vehicles for sale to distributors, motor vehicle dealers, or who directs or supervises the factory branch's representatives. See Utah Code 41-3-102
Factory representative: means a person and each officer and employee of the person engaged as a representative of a manufacturer of motor vehicles or by a factory branch to make or promote the sale of the manufacturer's or factory branch's motor vehicles, or for supervising or contacting the dealers or prospective dealers of the manufacturer or the factory branch. See Utah Code 41-3-102
Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
Fleet transaction: means a licensee's sale of one or more motor vehicles to a manufacturer-approved current fleet customer under the manufacturer's fleet program. See Utah Code 41-3-102
Franchise: includes a contract or agreement described in Subsection (20)(a) regardless of whether the contract or agreement is subject to Title 13, Chapter 14, New Automobile Franchise Act, Title 13, Chapter 35, Powersport Vehicle Franchise Act, or neither. See Utah Code 41-3-102
Franchise holder: means a manufacturer who:
          (21)(a)(i) previously had a franchised dealer in the United States;
          (21)(a)(ii) currently has a franchised dealer in the United States;
          (21)(a)(iii) is a successor to another manufacturer who previously had or currently has a franchised dealer in the United States;
          (21)(a)(iv) is a material owner of another manufacturer who previously had or currently has a franchised dealer in the United States;
          (21)(a)(v) is under legal or common ownership, or practical control, with another manufacturer who previously had or currently has a franchised dealer in the United States; or
          (21)(a)(vi) is in a partnership, joint venture, or similar arrangement for production of a commonly owned line-make with another manufacturer who previously had or currently has a franchised dealer in the United States. See Utah Code 41-3-102
Fraud: Intentional deception resulting in injury to another.
General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
Geologic hazard: means :
     (18)(a) a surface fault rupture;
     (18)(b) shallow groundwater;
     (18)(c) liquefaction;
     (18)(d) a landslide;
     (18)(e) a debris flow;
     (18)(f) unstable soil;
     (18)(g) a rock fall; or
     (18)(h) any other geologic condition that presents a risk:
          (18)(h)(i) to life;
          (18)(h)(ii) of substantial loss of real property; or
          (18)(h)(iii) of substantial damage to real property. See Utah Code 10-9a-103
Gross laden weight: means the actual weight of a vehicle or combination of vehicles, equipped for operation, to which shall be added the maximum load to be carried. See Utah Code 41-1a-102
Hi-rail vehicle: means a roadway maintenance vehicle that is:
(27)(a) manufactured to meet Federal Motor Vehicle Safety Standards; and
(27)(b) equipped with retractable flanged wheels that allow the vehicle to travel on a highway or railroad tracks. See Utah Code 41-6a-102
Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
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
Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102
Historic preservation authority: means a person, board, commission, or other body designated by a legislative body to:
(19)(a) recommend land use regulations to preserve local historic districts or areas; and
(19)(b) administer local historic preservation land use regulations within a local historic district or area. See Utah Code 10-9a-103
Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102
Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a municipality to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
(24)(a) recording a subdivision plat; or
(24)(b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 10-9a-103
Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
     (27)(a) is required for human occupation; and
     (27)(b) an applicant must install:
          (27)(b)(i) in accordance with published installation and inspection specifications for public improvements; and
          (27)(b)(ii) whether the improvement is public or private, as a condition of:
               (27)(b)(ii)(A) recording a subdivision plat;
               (27)(b)(ii)(B) obtaining a building permit; or
               (27)(b)(ii)(C) development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Institution: means :
(7)(a) a state institution of higher education as defined in Section 53B-3-102; or
(7)(b) a private institution of higher education in the state accredited by a regional or national accrediting agency recognized by the United States Department of Education. See Utah Code 41-1a-1601
Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102
Island: means an area between traffic lanes or at an intersection for control of vehicle movements or for pedestrian refuge designated by:
     (31)(a) pavement markings, which may include an area designated by two solid yellow lines surrounding the perimeter of the area;
     (31)(b) channelizing devices;
     (31)(c) curbs;
     (31)(d) pavement edges; or
     (31)(e) other devices. See Utah Code 41-6a-102
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.
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
Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 10-9a-103
Land use authority: means :
(31)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(31)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
(32)(a) a land use permit; or
(32)(b) a land use application. See Utah Code 10-9a-103
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 body: means the municipal council. See Utah Code 10-9a-103
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
Line-make: means motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the manufacturer. See Utah Code 41-3-102
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
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
Low-speed vehicle: means a four wheeled electric motor vehicle that:
(36)(a)(i) is designed to be operated at speeds of not more than 25 miles per hour; and
(36)(a)(ii) has a capacity of not more than six passengers, including a conventional driver or fallback-ready user if on board the vehicle, as those terms are defined in Section Utah Code 41-6a-102
Low-volume manufacturer: means a manufacturer who:
     (22)(a) in this state, sells, displays for sale, or offers for sale or exchange only new motor vehicles of the person's own line make that are:
          (22)(a)(i)
               (22)(a)(i)(A) passenger vehicles with a gross vehicle weight rating of 14,000 pounds or less; or
               (22)(a)(i)(B) trucks with a gross vehicle weight rating of 14,000 pounds or less; and
          (22)(a)(ii) manufactured by the person; and
     (22)(b) constructs no more than 325 new motor vehicles in any 12-month period. See Utah Code 41-3-102
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
Manufacturer: means a person engaged in the business of constructing or assembling new motor vehicles, ownership of which is customarily transferred by a manufacturer's statement or certificate of origin, or a person who constructs three or more new motor vehicles in any 12-month period. See Utah Code 41-3-102
Material owner: means a person who possesses, directly or indirectly, the power to direct, or cause the direction of, the management, policies, or activities of another person:
     (25)(a) through ownership of voting securities;
     (25)(b) by contract or credit arrangement; or
     (25)(c) in another way not described in Subsections (25)(a) and (b). See Utah Code 41-3-102
Mediation: means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. See Utah Code 78B-10-102
Mediation communication: means conduct or a statement, whether oral, in a record, verbal, or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator. See Utah Code 78B-10-102
Mediation party: means a person that participates in a mediation and whose agreement is necessary to resolve the dispute. See Utah Code 78B-10-102
Mediator: means an individual who is neutral and conducts a mediation. See Utah Code 78B-10-102
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
Mobile home: means :
     (39)(a) a trailer or semitrailer that is:
          (39)(a)(i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping place either permanently or temporarily; and
          (39)(a)(ii) equipped for use as a conveyance on streets and highways; or
     (39)(b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a mobile home, as defined in Subsection (39)(a), but that is instead used permanently or temporarily for:
          (39)(b)(i) the advertising, sale, display, or promotion of merchandise or services; or
          (39)(b)(ii) any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier. See Utah Code 41-6a-102
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Moped: means a motor-driven cycle having:
          (41)(a)(i) pedals to permit propulsion by human power; and
          (41)(a)(ii) a motor that:
               (41)(a)(ii)(A) produces not more than two brake horsepower; and
               (41)(a)(ii)(B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground. See Utah Code 41-6a-102
Motor assisted scooter: means a self-propelled device with:
          (42)(a)(i) at least two wheels in contact with the ground;
          (42)(a)(ii) a braking system capable of stopping the unit under typical operating conditions;
          (42)(a)(iii) an electric motor not exceeding 2,000 watts;
          (42)(a)(iv) either:
               (42)(a)(iv)(A) handlebars and a deck design for a person to stand while operating the device; or
               (42)(a)(iv)(B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;
          (42)(a)(v) a design for the ability to be propelled by human power alone; and
          (42)(a)(vi) a maximum speed of 20 miles per hour on a paved level surface. See Utah Code 41-6a-102
Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
Motor vehicle: means a vehicle that is:
          (26)(a)(i) self-propelled;
          (26)(a)(ii) a trailer;
          (26)(a)(iii) a travel trailer;
          (26)(a)(iv) a semitrailer;
          (26)(a)(v) an off-highway vehicle; or
          (26)(a)(vi) a small trailer. See Utah Code 41-3-102
Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
Motor-driven cycle: means a motorcycle, moped, and a motorized bicycle having:
(45)(a)(i) an engine with less than 150 cubic centimeters displacement; or
(45)(a)(ii) a motor that produces not more than five horsepower. See Utah Code 41-6a-102
Motorcycle: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
Motorcycle: means :
(44)(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground; or
(44)(b) an autocycle. See Utah Code 41-6a-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
National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
New motor vehicle: means a motor vehicle that:
(28)(a) has never been titled or registered; and
(28)(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 41-3-102
Nonparty participant: means a person, other than a party or mediator, that participates in a mediation. See Utah Code 78B-10-102
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 41-3-102
Off-highway vehicle: means the same as that term is defined under Section 41-22-2. See Utah Code 41-6a-102
Operate: includes testing of an automated driving system. See Utah Code 41-1a-102
Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
Operator: means :
(49)(a) a human driver, as defined in Section Utah Code 41-6a-102
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
Owner: means :
          (3)(a)(i) a person having all the incidents of ownership of a motor vehicle, including legal title to the motor vehicle;
          (3)(a)(ii) a person entitled to possession of a motor vehicle as the purchaser under a security agreement; or
          (3)(a)(iii) a person entitled to possession of a motor vehicle as a lessee under a written lease agreement if the lease agreement is intended to last for more than three months at its inception. See Utah Code 41-1a-1502
Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
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.
Pawnbroker: means a person whose business is to lend money on security of personal property deposited with him. See Utah Code 41-3-102
Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
Pedestrian: means a person traveling:
(53)(a) on foot; or
(53)(b) in a wheelchair. See Utah Code 41-6a-102
Person: means an individual, corporation, estate, trust, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Utah Code 78B-10-102
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
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
Plaintiff: The person who files the complaint in a civil lawsuit.
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
Pole trailer: means a vehicle without motive power:
(56)(a) designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
(56)(b) that is ordinarily used for transporting long or irregular shaped loads including poles, pipes, or structural members generally capable of sustaining themselves as beams between the supporting connections. See Utah Code 41-6a-102
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Principal place of business: means a site or location in this state:
          (31)(a)(i) devoted exclusively to the business for which the dealer, manufacturer, remanufacturer, transporter, dismantler, crusher, or body shop is licensed, and businesses incidental to them;
          (31)(a)(ii) sufficiently bounded by fence, chain, posts, or otherwise marked to definitely indicate the boundary and to admit a definite description with space adequate to permit the display of three or more new, or new and used, or used motor vehicles and sufficient parking for the public; and
          (31)(a)(iii) that includes a permanent enclosed building or structure large enough to accommodate the office of the establishment and to provide a safe place to keep the books and other records of the business, at which the principal portion of the business is conducted and the books and records kept and maintained. See Utah Code 41-3-102
Private nonprofit organization: means a private nonprofit organization that:
(8)(a)(i) qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code; and
(8)(a)(ii) has a charitable purpose. See Utah Code 41-1a-1601
Private nonprofit special group license plate: means a sponsored special group license plate issued to a contributor to a private nonprofit organization. See Utah Code 41-1a-1601
Proceeding: means :
(7)(a) a judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery; or
(7)(b) a legislative hearing or similar process. See Utah Code 78B-10-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Programmable electric assisted bicycle: means an electric assisted bicycle with capability to switch or be programmed to function as a class 1 electric assisted bicycle, class 2 electric assisted bicycle, or class 3 electric assisted bicycle, provided that the electric assisted bicycle fully conforms with the respective requirements of each class of electric assisted bicycle when operated in that mode. See Utah Code 41-6a-102
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.
Quorum: The number of legislators that must be present to do business.
Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-102
Railroad train: means a locomotive propelled by any form of energy, coupled with or operated without cars, and operated upon rails. See Utah Code 41-6a-102
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-10-102
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
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.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Remanufacturer: means a person who reconstructs used motor vehicles subject to registration under Chapter 1a, Motor Vehicle Act, to change the body style and appearance of the motor vehicle or who constructs or assembles motor vehicles from used or new and used motor vehicle parts, or who reconstructs, constructs, or assembles three or more motor vehicles in any 12-month period. See Utah Code 41-3-102
Required contribution: means :
(10)(a) the minimum annual contribution amount established under Subsection 41-1a-1603(4)(a)(iii); or
(10)(b) if the sponsoring organization establishes a minimum annual contribution amount in accordance with Subsection 41-1a-1603(4)(b) that is greater than the minimum required contribution amount established under Subsection 41-1a-1603(4)(a)(iii), the amount the sponsoring organization establishes. See Utah Code 41-1a-1601
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.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Restored-modified vehicle: means the same as the term defined in Section 41-1a-102. See Utah Code 41-6a-102
Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-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
Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
Safety zone: means the area or space officially set apart within a roadway for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. See Utah Code 41-6a-102
Salesperson: means an individual who for a salary, commission, or compensation of any kind, is employed either directly, indirectly, regularly, or occasionally by any new motor vehicle dealer or used motor vehicle dealer to sell, purchase, or exchange or to negotiate for the sale, purchase, or exchange of motor vehicles. See Utah Code 41-3-102
School bus: means a motor vehicle that:
(66)(a)(i) complies with the color and identification requirements of the most recent edition of "Minimum Standards for School Buses"; and
(66)(a)(ii) is used to transport school children to or from school or school activities. See Utah Code 41-6a-102
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
Semitrailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
Semitrailer: means a vehicle with or without motive power:
(67)(a)(i) designed for carrying persons or property and for being drawn by a motor vehicle; and
(67)(a)(ii) constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Utah Code 41-6a-102
Service of process: The service of writs or summonses to the appropriate party.
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
Shoulder area: means :
(68)(a) that area of the hard-surfaced highway separated from the roadway by a pavement edge line as established in the current approved "Manual on Uniform Traffic Control Devices"; or
(68)(b) that portion of the road contiguous to the roadway for accommodation of stopped vehicles, for emergency use, and for lateral support. See Utah Code 41-6a-102
Showroom: means a site or location in the state that a direct-sale manufacturer uses for the direct-sale manufacturer's business, including the display and demonstration of new motor vehicles that are exclusively of the same line-make that the direct-sale manufacturer manufactures. See Utah Code 41-3-102
Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Small trailer: means a trailer that has an unladen weight of:
(36)(a) more than 750 pounds; and
(36)(b) less than 2,000 pounds. See Utah Code 41-3-102
Soft-surface trail: means a marked trail surfaced with sand, rock, or dirt that is designated for the use of a bicycle. See Utah Code 41-6a-102
Solid rubber tire: means a tire of rubber or other resilient material that does not depend on compressed air for the support of the load. See Utah Code 41-6a-102
Special equipment: includes a truck mounted crane, cherry picker, material lift, post hole digger, and a utility or service body. See Utah Code 41-3-102
Special equipment dealer: means a new or new and used motor vehicle dealer engaged in the business of buying new incomplete motor vehicles with a gross vehicle weight of 12,000 or more pounds and installing special equipment on the incomplete motor vehicle. See Utah Code 41-3-102
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 group license plate: means :
     (11)(a) a collegiate special group license plate;
     (11)(b) a private nonprofit special group license plate;
     (11)(c) a sponsored special group license plate;
     (11)(d) a state agency recognition special group license plate; or
     (11)(e) a state agency support special group license plate. See Utah Code 41-1a-1601
Sponsored special group license plate: means a license plate:
(12)(a) designed for and associated with a sponsoring organization; and
(12)(b) issued to an applicant in accordance with this part. See Utah Code 41-1a-1601
Sponsoring organization: means an institution, a private nonprofit organization, or a state agency that is or seeks to be associated with a sponsored special group license plate created under this part. See Utah Code 41-1a-1601
standing: means the temporary halting of a vehicle, whether occupied or not, for the purpose of and while actually engaged in receiving or discharging passengers. See Utah Code 41-6a-102
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 agency recognition special group license plate: means a sponsored special group license plate issued to an applicant who:
     (14)(a) has a special license that supports or furthers a government purpose;
     (14)(b) has received an honor that supports or furthers a government purpose;
     (14)(c) has achieved an accomplishment that supports or furthers a government purpose; or
     (14)(d) holds an elected office. See Utah Code 41-1a-1601
State agency support special group license plate: includes a cancer support license plate created by an act of the Legislature before December 31, 2022. See Utah Code 41-1a-1601
Statute: A law passed by a legislature.
street-legal ATV: means an all-terrain type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with Section 41-6a-1509. See Utah Code 41-6a-102
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
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
Tow truck motor carrier: means the same as that term is defined in Section 72-9-102. See Utah Code 41-6a-102
Tow truck operator: means the same as that term is defined in Section 72-9-102. See Utah Code 41-6a-102
Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
Traffic signal preemption device: means an instrument or mechanism designed, intended, or used to interfere with the operation or cycle of a traffic-control signal. See Utah Code 41-6a-102
Traffic-control device: means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic. See Utah Code 41-6a-102
Traffic-control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. See Utah Code 41-6a-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
Trailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
Trailer: means a vehicle with or 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 41-6a-102
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
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
Transporter: means a person engaged in the business of transporting motor vehicles as described in Section 41-3-202. See Utah Code 41-3-102
Travel trailer: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-3-102
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102
Truck tractor: means a motor vehicle:
(84)(a) designed and used primarily for drawing other vehicles; and
(84)(b) constructed to carry a part of the weight of the vehicle and load drawn by the truck tractor. See Utah Code 41-6a-102
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustee: A person or institution holding and administering property in trust.
Two-way left turn lane: means a lane:
     (85)(a) provided for vehicle operators making left turns in either direction;
     (85)(b) that is not used for passing, overtaking, or through travel; and
     (85)(c) that has been indicated by a lane traffic-control device that may include lane markings. See Utah Code 41-6a-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Urban district: means the territory contiguous to and including any street, in which structures devoted to business, industry, or dwelling houses are situated at intervals of less than 100 feet, for a distance of a quarter of a mile or more. See Utah Code 41-6a-102
Used motor vehicle: means a vehicle that:
(42)(a) has been titled and registered to a purchaser other than a dealer; or
(42)(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 41-3-102
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
Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
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
Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
Weighmaster: means a person, association of persons, or corporation permitted to weigh vehicles under this chapter. See Utah Code 41-1a-102
Wholesale motor vehicle auction: means a dealer primarily engaged in the business of auctioning consigned motor vehicles to dealers or dismantlers who are licensed by this or any other jurisdiction. See Utah Code 41-3-102
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