R152-20-1. Authority and Purpose.
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 Section 13-2-5.
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 same
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
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