DAR File No. 32790

Tax Commission, Motor Vehicle Enforcement

R877-23V-8

Signs and Identification Pursuant to Utah Code Ann. Section 41-3-105

NOTICE OF PROPOSED RULE

DAR File No.: 32790
Filed: 07/06/2009, 01:21
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section 41-3-105 provides that the division may require a licensee to post a sign at the licensee's principal place of business and this particular rule needs updating.

Summary of the rule or change:

The proposed amendment adds "distributor" to the list of licensees required to post a sign at the licensee's principal place of business.

State statutory or constitutional authorization for this rule:

Section 41-3-105

Anticipated cost or savings to:

the state budget:

None--No changes to state-imposed fees, nor does this amendment increase the Commission's enforcement activities.

local governments:

None--No local fees involved. Local governments are not involved in enforcement of this section.

small businesses and persons other than businesses:

Minimal increase between $270 and $3,600.

Compliance costs for affected persons:

Licensees required to post a sign will spend between $30 and $400, depending on whether they make the sign themselves or have it made professionally, and whether it is simple or elaborate.

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

The fiscal impact is anticipated to be between $30 and $400 depending on type and style of signage. 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 Enforcement
210 N 1950 W
SALT LAKE CITY UT 84134

Direct questions regarding this rule to:

Cheryl Lee at the above address, by phone at 801-297-3900, by FAX at 801-297-3919, or by Internet E-mail at clee@utah.gov

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:

08/31/2009

This rule may become effective on:

09/07/2009

Authorized by:

D'Arcy Dixon, Commissioner

R877. Tax Commission, Motor Vehicle Enforcement.

R877-23V. Motor Vehicle Enforcement.

R877-23V-8. Signs and Identification Pursuant to Utah Code Ann. Section 41-3-105.

(1) Every dealer, dismantler, manufacturer, remanufacturer, transporter, crusher, [and ]body shop, and distributor must post a sign at its principal place of business.

(2) The sign required under Subsection (1) shall:

(a) plainly display in a permanent manner the name under which the business is licensed;

(b) be at least 24 square feet in size, unless required otherwise, in writing, by a government entity; and

(c) be painted on the building, attached to the building with nails or bolts, or affixed to posts that have been securely anchored in the ground.

(3) A similar sign must be conspicuously posted at each additional place of business and must show, in addition, the address of the principal place of business. All signs must remain posted at each place of business and on the office. If the office is not located at the site on which the motor vehicles are displayed or offered for sale or exchange, the bonded dealer number, dismantler number, or manufacturer number must also be conspicuously displayed either on the sign or on the building.

(4) If the additional place of business is an auto show or similar business that will conduct business for ten days or less, the sign need only show the licensee's name as licensed by the division and be of a size that reasonably identifies the licensee.

(5) No place of business may be operated under a name other than that by which the licensee is licensed by the division. No sign may be posted at a place of business that shows a business name other than the one licensed by the division or gives the impression that the business is other than the one licensed by the division. However, a sign containing a variation of the licensee's name, if a variation of the licensee's name is required by a manufacturer in writing, may be posted as long as the sign containing the licensed name is more prominent.

(6) Documents submitted by a licensee to a government entity shall be identified only by the name under which the licensee is licensed by the division. All documents used by the licensee to promote or transact a sale or lease of a vehicle shall identify that licensee only by the name under which the licensee is licensed with the division.

 

KEY: taxation, motor vehicles

Date of Enactment or Last Substantive Amendment: [March 3], 2009

Notice of Continuation: March 14, 2007

Authorizing, and Implemented or Interpreted Law: 41-3-105