Utah
Administrative Code
Rule R152-20. New Motor Vehicle
Warranties
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R152-20-1. Authority
and Purpose.
These rules are promulgated to
prescribe for the administration
of Title 13, Chapter 20, the New
Motor Vehicle Warranties Act (hereinafter
the "Act"), and are
under the authority granted the
Division under Section 13-2-5.
R152-20-2. Definitions.
A. For purposes
of determining whether a nonconformity
has been subject to repair the
required number of times, an "attempt"
to repair, as used in Section
13-20-4 or 13-20-5, means that
the vehicle is or has been presented
to the manufacturer or its agent
for the same non-conformity.
B. "Collateral
charges" as used in Section
13-20-4 includes, but is not limited
to:
1. Sales taxes
2. Document preparation fees
3. The cost of
additional warranties or extended
warranties, if included in the
purchase price
C. "Comparable new motor
vehicle" means:
1. A motor vehicle
that is determined by the division
to be identical to, or reasonably
equivalent to, the nonconforming
vehicle had it conformed to all
applicable express warranties.
A comparable new motor vehicle
includes any service contracts,
contract options, and factory
or dealer installed options that
were originally included in the
sale of the nonconforming vehicle;
or
2. A vehicle with an equivalent
retail value including any service
contracts, and factory or dealer
installed options that were originally
included with the nonconforming
vehicle, if the consumer consents
to a different make or model.
D. "New motor vehicle"
means a motor vehicle which has
never been titled or registered
and has been driven fewer than
7,500 miles.
E. "Nonconforming vehicle"
means a motor vehicle that does
not meet all express warranties
provided in the sales agreement
or contract.
F. "Purchase
price" means the actual amount
paid for the vehicle. "Purchase
price" includes taxes, licensing
fees, and additional warranty
fees, but does not include collateral
charges.
G. "Reasonable
allowance" for mileage means
the dollar value based on the
prescribed deduction per mile.
The cap on a reasonable allowance
shall be calculated as the purchase
price divided by 100,000, but
shall not in any case be less
than ten (10) cents per mile nor
more than twenty-one (21) cents
per mile. The consumer shall not
be liable for mileage on the vehicle
at the time of delivery, nor for
mileage during the time the vehicle
was being repaired.
R152-20-3. Replacement
or Refund of Nonconforming Motor
Vehicles.
A. When the manufacturer
is repurchasing a nonconforming
motor vehicle that has been leased
to a consumer, the following provisions
also apply:
1. The manufacturer shall refund
to the lessor all payments made
under the lease.
2. The refund or repurchase price
shall include trade-in value,
inception payment, and security
deposit.
3. The manufacturer
shall make all payments on behalf
of the lessee, to the lessor and/or
lienholder of record as necessary
to obtain clear title to the motor
vehicle. The excess from said
payments shall be paid to lessee.
Upon the lessor's and/or lienholder's
receipt of the payment, the consumer
shall be relieved of any future
obligation to the lessor and/or
lienholder.
B. If a manufacturer is unable
to provide a comparable new motor
vehicle, it may provide, upon
the consent of the consumer, a
replacement vehicle of comparable
quality. The customer shall not
incur additional expense with
respect to the replacement vehicle,
except as a reasonable allowance
for use of the buy-back vehicle.
KEY: automobiles, automobile repair,
consumer protection, motor vehicles
Date of last
substantive amendment: 1991
Notice of Continuation
June 3, 2002
This rule is
authorized by, and implements
or interprets, the following:
63-46a-3, 13-2-5, 13-20-1
