41-3-702. Civil penalty for violation.

547 words·~2 min read·/ut/title-41/chapter-3/41-3-702

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2023

(1)The following are civil violations under this chapter and are in addition to criminal violations under this chapter:

(a)Level I:

(i)failing to display business license;

(ii)failing to surrender license of salesperson because of termination, suspension, or revocation;

(iii)failing to maintain a separation from nonrelated motor vehicle businesses at licensed locations;

(iv)issuing a temporary permit improperly;

(v)failing to maintain records;

(vi)selling a new motor vehicle to a nonfranchised dealer or leasing company without licensing the motor vehicle;

(vii)special plate violation;

(viii)failing to maintain a sign at a principal place of business; or

(ix)failing to store a salvage vehicle purchased at a motor vehicle auction in a secure location until the purchaser or a transporter has provided the proper documentation to take possession of the salvage vehicle.

(b)Level II:

(i)failing to report sale;

(ii)dismantling without a permit;

(iii)manufacturing without meeting construction or vehicle identification number standards;

(iv)withholding customer license plates;

(v)selling a motor vehicle on consecutive days of Saturday and Sunday; or

(vi)failing to record and report the sale of a salvage vehicle at a motor vehicle auction as described in Section 41-3-201 .

(c)Level III:

(i)operating without a principal place of business;

(ii)selling a new motor vehicle as a dealer who is not a direct-sale manufacturer without holding the franchise;

(iii)crushing a motor vehicle without proper evidence of ownership;

(iv)selling from an unlicensed location;

(v)altering a temporary permit;

(vi)refusal to furnish copies of records;

(vii)assisting an unlicensed dealer or salesperson in sales of motor vehicles;

(viii)advertising violation;

(ix)failing to separately identify the fees required by Title 41, Chapter 1a, Motor Vehicle Act ;

(x)encouraging or conspiring with unlicensed persons to solicit for prospective purchasers;

(xi)selling, offering for sale, or displaying for sale or exchange a vehicle, vessel, or outboard motor in violation of Section 41-1a-705 ; or

(xii)a violation of Subsection 41-3-211(1)(d) .

(a)The schedule of civil penalties for violations of Subsection

(1)is:

(i)Level I: $25 for the first offense, $100 for the second offense, and $250 for the third and subsequent offenses;

(ii)Level II: $100 for the first offense, $250 for the second offense, and $1,000 for the third and subsequent offenses; and

(iii)Level III: $250 for the first offense, $1,000 for the second offense, and $5,000 for the third and subsequent offenses.

(b)When determining under this section if an offense is a second or subsequent offense, only prior offenses committed within the 12 months before the commission of the current offense may be considered.

(3)Knowingly selling a salvage vehicle, as defined in Section 41-1a-1001 , without disclosing that the salvage vehicle has been repaired or rebuilt is a civil violation in addition to a criminal violation under Section 41-1a-1008 .

(4)The civil penalty for a violation under Subsection

(3)is:

(a)not less than $1,000, or treble the actual damages caused by the person, whichever is greater; and

(b)reasonable attorney fees and costs of the action.

(5)A civil action may be maintained by a purchaser or by the administrator.

Amended by Chapter 63 , 2023 General Session