Tax Commission, Motor Vehicle

Section R873-22M-41

Issuance of Salvage Certificate in Certain Circumstances Pursuant to Utah Code Ann. Section 41-1a-1005

Notice of Proposed Rule

(Amendment)

DAR File No.: 33050
Filed: 10/14/2009 11:10:15 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed amendment clarifies the criteria an insurance company must satisfy to receive a salvage certificate in certain circumstances.

Summary of the rule or change:

The proposed amendment clarifies that when an insurance company applies to the commission to receive a salvage certificate for a vehicle for which the owner of the salvage vehicle does not provide title for the vehicle to the insurance company, or provides an improperly endorsed title, the insurance company must provide evidence to the commission that the letters sent requesting information from the vehicle's registered owner were also sent to any lienholder of the salvage vehicle.

State statutory or constitutional authorization for this rule:

• Section 41-1a-1005

Anticipated cost or savings to:

the state budget:

None--The proposed amendment reflects current commission requirements.

local governments:

None--The proposed amendment reflects current commission requirements.

small businesses:

None--The proposed amendment reflects current commission requirements.

persons other than small businesses, businesses, or local governmental entities:

None--The proposed amendment reflects current commission requirements.

Compliance costs for affected persons:

None--The proposed amendment reflects current commission requirements.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated fiscal impacts.

D'Arcy Dixon, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Tax Commission
Motor Vehicle
210 N 1950 W
SALT LAKE CITY, UT 84134

Direct questions regarding this rule to:

• D'Arcy Dixon at the above address, by phone at 801-297-3906, by FAX at 801-297-3901, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2009

This rule may become effective on:

12/10/2009

Authorized by:

Pam Hendrickson, Commission Chair

R873. Tax Commission, Motor Vehicle.

R873-22M. Motor Vehicle.

R873-22M-41. Issuance of Salvage Certificate in Certain Circumstances Pursuant to Utah Code Ann. Section 41-1a-1005.

(1) Subject to Subsection (3), an insurance company shall receive a salvage certificate in the insurance company's name if the insurance company provides the commission:

(a) evidence that the insurance company has declared a particular vehicle a salvage vehicle;

(b) a copy of the check issued to the registered owner of the vehicle; and

(c) a copy of at least two letters the insurance company has mailed to the registered owner of the vehicle and any lien holder of that vehicle requesting:

(i) in the case of an insurance company that has not received a certificate of title from the registered owner of the vehicle, a copy of the certificate of title or other evidence of ownership; or

(ii) in the case of an insurance company that has received an improperly endorsed certificate of title from the registered owner of the vehicle, correction of the improperly endorsed certificate of title.

(2) The information described in Subsection (1) shall accompany the Application for Utah Title.

(3) If the requirements of Subsections (1) and (2) are satisfied, the Motor Vehicle Division shall issue a salvage certificate to an insurance company:

(a) in the case of an insurance company that has not received a certificate of title from the registered owner of the vehicle, no sooner than 30 days from the settlement of the loss; or

(b) in the case of an insurance company that has received an improperly endorsed certificate of title from the registered owner of the vehicle, no sooner than 30 days from the insurance company's receipt of an improperly endorsed certificate of title.

 

KEY: taxation, motor vehicles, aircraft, license plates

Date of Enactment or Last Substantive Amendment: [January 1 ], 2009

Notice of Continuation: March 12, 2007

Authorizing, and Implemented or Interpreted Law: 41-1a-1005