2006 Utah Code - 13-14-102 — Definitions.

     13-14-102.   Definitions.
     As used in this chapter:
     (1) "Advisory board" or "board" means the Utah Motor Vehicle Franchise Advisory Board created in Section 13-14-103.
     (2) "Affiliate" has the meaning set forth in Section 16-10a-102.
     (3) "Aftermarket product" means any product or service not included in the manufacturer's suggested retail price of the new motor vehicle, as that price appears on the label required by 15 U.S.C. Sec. 1232(f).
     (4) "Dealership" means a site or location in this state:
     (a) at which a franchisee conducts the business of a new motor vehicle dealer; and
     (b) that is identified as a new motor vehicle dealer's principal place of business for licensing purposes under Section 41-3-204.
     (5) "Department" means the Department of Commerce.
     (6) "Executive director" means the executive director of the Department of Commerce.
     (7) "Franchise" or "franchise agreement" means a written agreement, for a definite or indefinite period, in which:
     (a) a person grants to another person a license to use a trade name, trademark, service mark, or related characteristic; and
     (b) a community of interest exists in the marketing of new motor vehicles, new motor vehicle parts, and services related to the sale or lease of new motor vehicles at wholesale or retail.
     (8) "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.
     (9) "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, represented, or distributed by the franchisor, and includes:
     (a) the manufacturer or distributor of the new motor vehicles;
     (b) an intermediate distributor; and
     (c) an agent, officer, or field or area representative of the franchisor.
     (10) "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.
     (11) "Line-make" means 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 manufacturer of the motor vehicle.
     (12) "Mile" means 5,280 feet.
     (13) "Motor home" means a self-propelled vehicle, primarily designed as a temporary dwelling for travel, recreational, or vacation use.
     (14) (a) "Motor vehicle" means:
     (i) a travel trailer;
     (ii) a motor vehicle as defined in Section 41-3-102;
     (iii) a semitrailer as defined in Section 41-1a-102;
     (iv) a trailer as defined in Section 41-1a-102; and

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     (v) a recreational vehicle.
     (b) "Motor vehicle" does not include a motorcycle as defined in Section 41-1a-102.
     (15) "New motor vehicle" means a motor vehicle as defined in Subsection (14) that has never been titled or registered and has been driven less than 7,500 miles, unless the motor vehicle is a trailer, travel trailer, or semitrailer, in which case the mileage limit does not apply.
     (16) "New motor vehicle dealer" is a person who is licensed under Subsection 41-3-202(1)(a) to sell new motor vehicles.
     (17) "Notice" or "notify" includes both traditional written communications and all reliable forms of electronic communication unless expressly prohibited by statute or rule.
     (18) (a) "Recreational vehicle" means a vehicular unit other than a mobile home, primarily designed as a temporary dwelling for travel, recreational, or vacation use, that is either self-propelled or pulled by another vehicle.
     (b) "Recreational vehicle" includes:
     (i) a travel trailer;
     (ii) a camping trailer;
     (iii) a motor home;
     (iv) a fifth wheel trailer; and
     (v) a van.
     (19) (a) "Relevant market area," except with respect to recreational vehicles, means:
     (i) the county in which a dealership is to be established or relocated; and
     (ii) the area within a ten-mile radius from the site of the new or relocated dealership.
     (b) "Relevant market area," with respect to recreational vehicles, means:
     (i) the county in which the dealership is to be established or relocated; and
     (ii) the area within a 35-mile radius from the site of the new or relocated dealership.
     (20) "Sale, transfer, or assignment" means any disposition of a franchise or an interest in a franchise, with or without consideration, including a bequest, inheritance, gift, exchange, lease, or license.
     (21) "Serve" or "served," unless expressly indicated otherwise by statute or rule, includes any reliable form of communication.
     (22) "Travel trailer," "camping trailer," or "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.
     (23) "Written," "write," "in writing," or other variations of those terms shall include all reliable forms of electronic communication.

Amended by Chapter 167, 2005 General Session
Amended by Chapter 249, 2005 General Session