DAR File No. 31264

Tax Commission, Motor Vehicle

R873-22M-41

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

NOTICE OF PROPOSED RULE

DAR File No.: 31264
Filed: 04/28/2008, 11:08
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed section is necessary for implementation of S.B. 179 (2008). (DAR NOTE: S.B. 179 (2008) is found at Chapter 270, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

The proposed section indicates the evidence that any insurance company must submit to the Division of Motor Vehicle (DMV) in order to obtain a salvage vehicle title when: 1) the owner of the salvage vehicle does not provide the title to the insurance company; and 2) the owner of the salvage vehicle provides the insurance company an improperly endorsed title.

State statutory or constitutional authorization for this rule:

Section 41-1a-1005

Anticipated cost or savings to:

the state budget:

None--Any revenue impacts were taken into account in S.B. 179 (2008).

local governments:

None--Any revenue impacts were taken into account in S.B. 179 (2008).

small businesses and persons other than businesses:

None--Any revenue impacts were taken into account in S.B. 179 (2008).

Compliance costs for affected persons:

None--Under these procedures, an insurance company may receive a salvage title where otherwise it was unable, because of the registered owner's failure to comply with the law.

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:

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:

06/16/2008

This rule may become effective on:

06/23/2008

Authorized by:

D'Arcy Dixon, Commissioner

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 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: [February 25], 2008

Notice of Continuation: March 12, 2007

Authorizing, and Implemented or Interpreted Law: 41-1a-102; 41-1a-104; 41-1a-108; 41-1a-116; 41-1a-211; 41-1a-215; 41-1a-214; 41-1a-401; 41-1a-402; 41-1a-411; 41-1a-413; 41-1a-414; 41-1a-416; 41-1a-418; 41-1a-419; 41-1a-420; 41-1a-421; 41-1a-422; 41-1a-522; 41-1a-701; 41-1a-1001; 41-1a-1002; 41-1a-1004; 41-1a-1005; 41-1a-1009 through 41-1a-1011; 41-1a-1101; 41-1a-1209; 41-1a-1211; 41-1a-1220; 41-6-44; 53-8-205; 59-12-104; 59-2-103; 72-10-109 through 72-10-112; 72-10-102