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
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
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
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
Date of last substantive amendment: 1991
Notice of Continuation September 11, 1997
This rule is authorized by, and implements or interprets, the
following: 63-46a-3, 13-2-5, 13-20-1
Utah Administrative Code
Utah Code -- Title 13 -- Chapter 20 -- New Motor Vehicle Warranties
13-20-1. Short title. This chapter is known as the "New Motor
Vehicles Warranties Act."
Enacted by Chapter 168, 1985 General Session
As used in this chapter:
(1) "Consumer" means an individual who has entered into an agreement
or contract for the transfer, lease, or purchase of a new motor
vehicle other than for purposes of resale, or sublease, during
the duration of the period defined under Section 13-20-5.
(2) "Manufacturer" means manufacturer, importer, distributor,
or anyone who is named as the warrantor on an express written
warranty on a motor vehicle.
(3) "Motor home" means a self-propelled vehicular unit, primarily
designed as a temporary dwelling for travel, recreational, and
(4) (a) "Motor vehicle" includes:
(i) a motor home, as defined in this section, but only the
self-propelled vehicle and chassis sold in this state; and
(ii) a motor vehicle, as defined in Section 41-1a-102, sold
in this state.
(b) "Motor vehicle" does not include:
(i) those portions of a motor home designated, used, or
maintained primarily as a mobile dwelling, office, or commercial
(ii) farm tractor, motorcycle, road tractor, or truck tractor
as defined in Section 41-1a-102;
(iii) mobile home as defined in Section 41-1a-102; or
(iv) any motor vehicle with a gross laden weight of over 12,000
pounds, except a motor home as defined under Subsection (3).
Amended by Chapter 21, 1999 General Session
13-20-3. Nonconforming motor vehicles - Repairs.
If a new motor vehicle does not conform to all applicable express
warranties, and the consumer reports the nonconformity to the
manufacturer, its agent, or its authorized dealer during the term
of the express warranties or during the one-year period following
the date of original delivery of the motor vehicle to a consumer,
whichever is earlier, the manufacturer, its agent, or its authorized
dealer shall make repairs necessary to conform the vehicle to
the express warranties, whether or not these repairs are made
after the expiration of the warranty term or the one-year period.
(1) If the manufacturer, its agent, or its authorized dealer
is unable to conform the motor vehicle to any applicable express
warranty by repairing or correcting any defect or condition that
substantially impairs the use, market value, or safety of the
motor vehicle after a reasonable number of attempts, the manufacturer
shall replace the motor vehicle with a comparable new motor vehicle
or accept return of the vehicle from the consumer and refund to
the consumer the full purchase price including all collateral
charges, less a reasonable allowance for the consumer's use of
the vehicle. Refunds shall be made to the consumer, and any lienholders
or lessors as their interests may appear.
(2) A reasonable allowance for use is that amount directly attributable
to use by the consumer prior to his first report of the nonconformity
to the manufacturer, its agent, or its authorized dealer, and
during any subsequent period when the vehicle is not out of service
because of repair.
(3) Upon receipt of any refund or replacement under Subsection
(1), the consumer, lienholder, or lessor shall furnish to the
manufacturer clear title to and possession of the motor vehicle.
(4) It is an affirmative defense to any claim under this chapter:
(a) that an alleged nonconformity does not substantially impair
the consumer's use of the motor vehicle and does not substantially
impair the market value or safety of the motor vehicle; or
(b) that an alleged nonconformity is the result of abuse,
neglect, or unauthorized modifications or alterations of a motor
vehicle by a consumer.
Enacted by Chapter 168, 1985 General Session
13-20-5. Reasonable number of attempts to conform.
(1) It is presumed that a reasonable number of attempts have
been undertaken to conform a motor vehicle to the applicable express
(a) the same nonconformity has been subject to repair four
or more times by the manufacturer, its agent, or its authorized
dealer within the express warranty term or during the one-year
period following the date of original delivery of the motor
vehicle to a consumer, whichever is earlier, but the nonconformity
continues to exist; or
(b) the vehicle is out of service to the consumer because
of repair for a cumulative total of 30 or more business days
during the warranty term or during the one-year period, whichever
(2) The term of an express warranty, the one-year period, and
the 30-day period shall be extended by any period of time during
which repair services are not available to the consumer because
of a war, invasion, strike, fire, flood, or other natural disaster.
Enacted by Chapter 168, 1985 General Session
13-20-6. Enforcement - Limited liability of dealer - No limit
on other rights or remedies.
(1) The Division of Consumer Protection shall, or a consumer
may, enforce the rights created under this chapter. An action
may be commenced by a consumer only after the claim has been investigated
and evaluated by the division.
(2) This chapter may not be interpreted as imposing any liability
on an authorized dealer or creating a cause of action by a consumer
against a dealer under this chapter, except regarding any written
express warranties made by the dealer apart from the manufacturer's
(3) This chapter does not limit the rights or remedies which
are otherwise available to a consumer under any other law.
(4) In an action initiated under this section by the consumer,
the court may award attorneys' fees to the prevailing party.
Amended by Chapter 249, 1990 General Session
13-20-7. Use of dispute settlement procedure.
If a manufacturer has established an informal dispute settlement
procedure which complies with Title 16, Code of Federal Regulations,
Part 703, then Section 13-20-4 concerning refunds or replacement
does not apply to any consumer who has not first resorted to this