DAR File No. 38443

Natural Resources, Parks and Recreation

Rule R651-213

Dealer Numbers and Registrations

Notice of Proposed Rule

(Amendment)

DAR File No.: 38443
Filed: 04/15/2014 05:56:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Dealer numbers and registrations have been under the Division of Motor Vehicles acting as an agent for the Division of Parks and Recreation. Boat dealers would apply to the Division of Parks and Recreation for a dealer number and registration. The Boating Program coordinator would approve the appropriate number of registrations and forward the approved application to the Division of Motor Vehicle for the issuance of numbers and registration decals for demonstration use only. The Department of Motor Vehicles launched a new database for vehicle/vessel registrations statewide. It was reported to the Division of Parks and Recreation that the new database could not issue dealer numbers or registrations. The Division of Parks and Recreation is now responsible for issuing them. This rule change allows for that to take place.

Summary of the rule or change:

Dealer numbers and registrations have been under the Division of Motor Vehicles acting as an agent for the Division of Parks and Recreation. Boat dealers would apply to the Division of Parks and Recreation for a dealer number and registration. The Boating Program coordinator would approve the appropriate number of registrations and forward the approved application to the Division of Motor Vehicle for the issuance of numbers and registration decals for demonstration use only. The Department of Motor Vehicles launched a new database for vehicle/vessel registrations statewide. It was reported to the Division of Parks and Recreation that the new database could not issue dealer numbers or registrations. The Division of Parks and Recreation is now responsible for issuing them. This rule change allows for that to take place.

State statutory or constitutional authorization for this rule:

• Subsection 73-18-7(18)(c)

Anticipated cost or savings to:

the state budget:

There is no anticipated costs or savings. This is a transfer of responsibilities from one state agency to another.

local governments:

There is no effect on local government as this rule only applies to state government processes.

small businesses:

There is no anticipated costs or savings to small businesses as this rule only changes which agency the businesses have to correspond with.

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

There is no effect to this group. This rule only changes which agency the businesses have to correspond with.

Compliance costs for affected persons:

There is no anticipated compliance costs for affected persons as it is a transfer of state agency responsibilities.

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

Should help business.

Michael R. Styler, Executive Director

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

Natural Resources
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@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:

06/02/2014

This rule may become effective on:

06/09/2014

Authorized by:

Fred Hayes, Director

R651. Natural Resources, Parks and Recreation.

R651-213. Dealer Numbers and Registrations.

R651-213-1. Dealer Numbers and Registrations.

(1) Each person acting as a vessel dealer who has an established place of business and is engaged in the business of selling motorboats and/or sailboats shall make application to the Division[ of Motor Vehicles, who is acting as agent for the division], to obtain dealer numbers and registration decals.

(2) The application shall contain the following information:

(a) the name of the business;

(b) the business address;

(c) the business owner's name (if the business is a corporation, the names of the principal officers of the corporation);

(d) the type of vessels offered for sale; and

(e) the manufacture line of vessels which the dealer holds franchise from the manufacturer to sell. Attached to the application shall be copies of the appropriate city, county, and state licenses required to do business in this state.

(3) Upon filing the application by the dealer, the Division[ of Motor Vehicles] may assign dealer numbers and registration decals to the dealer.

(4) Dealer numbers and registration decals are valid only when demonstrating, servicing or testing a motorboat or sailboat[ to a prospective purchaser] and the dealer or employee of the dealer is present during the demonstration.

(5) Every vessel dealer who obtains dealer numbers and registration decals is responsible to maintain the numbers and to control their use.

(6) Dealer numbers and registration decals are not valid on any vessel which is a rental or lease unit, or on a vessel which is not part of the dealer inventory and available for immediate sale.

(7) Dealer numbers and registration decals shall not be permanently attached to any vessel, but shall be mounted and displayed on a backing plate.

(8) If the Division[ of Motor Vehicles] has reasonable grounds to believe that a dealer has failed to comply with any of the above provisions, after notice to the dealer and a hearing, dealer numbers and registration decals may be suspended. Upon suspension, the dealer will surrender all of his dealer numbers and registration decals to the Division of Motor Vehicles within 15 days.

(9) The dealer registration fee shall be $25 per year.

(10) The dealer registration decals and cards shall expire annually on the last day of April.

 

KEY: boating

Date of Enactment or Last Substantive Amendment: [1987]June 9, 2014

Notice of Continuation: February 10, 2011

Authorizing, and Implemented or Interpreted Law: 73-18-7(18)(c)