61-4-121. Temporary registration permit — limitation on issuance and transfer — violation — penalty. (1) If the dealer is an authorized agent, as defined in 61-1-101, the dealer may not issue more than one temporary registration permit under 61-4-111 or 61-4-112 for each motor vehicle sale. (2) A dealer who violates the provisions of subsection (1) is subject […]
61-4-122. Compliance specialists as peace officers. (1) The department may designate and train civilian employees as compliance specialists within the motor vehicle division. Each compliance specialist is a peace officer whose jurisdiction is limited to enforcement of violations of Title 61, chapter 3, parts 1, 2, 3, 4, and 6, and chapter 4. (2) As a peace […]
61-4-123. Dealer requirements and restrictions. (1) A used dealer may not sell a new motor vehicle, a new power sports vehicle, or a new trailer. (2) A dealer may not display at the dealer’s established place of business or any approved off-premises sale location a motor vehicle offered for sale, trade, or consignment unless the Monroney label […]
61-4-124. Annual report — filing fees — grace period for dealer and demonstrator plates — restrictions imposed upon failure to file. (1) On or before the 15th day of the month prior to the dealer license expiration month, a dealer shall submit an annual report, in a form or manner prescribed by the department, to the […]
61-4-125. Wholesaler restrictions — demonstrator plates — annual report. (1) The retail sale of used vehicles by a wholesaler is prohibited. (2) Wholesalers may not be issued or use dealer plates, as provided in 61-4-102. However, a wholesaler may be issued demonstrator plates, as provided in 61-4-129, for use on any type of motor vehicle or trailer […]
61-4-126. Claims against dealer, broker, wholesaler, or auto auction bonds. (1) A person who suffers loss or damage because of the unlawful conduct of a dealer, broker, wholesaler, or auto auction licensed under this title shall obtain a judgment from a court of competent jurisdiction prior to collecting on the bond of the dealer, broker, wholesaler, […]
61-4-127. Broker requirements — restrictions — annual report — fees. (1) A broker may not display a motor vehicle, power sports vehicle, or trailer at the broker’s established place of business. (2) A broker shall install and maintain telephone service at the broker’s established place of business. The telephone service must be listed in the directory assistance […]
61-4-128. Common standards — dealer plates — demonstrator plates — loaner plates — identification cards — fees. (1) (a) Dealer, demonstrator, loaner, and courtesy license plates authorized under this part must be designed by the department in a manner that is similar to standard license plates furnished under 61-3-332, but the word “dealer”, “demonstrator”, “loaner”, or […]
61-4-129. Assignment of demonstrator plates. (1) (a) A dealer or wholesaler may purchase demonstrator plates at a fee of $5 a plate. (b) Demonstrator plates may not be issued to a new or used dealer whose business is restricted to the sale of power sports vehicles. (2) (a) Except as provided in subsection (2)(c), demonstrator plates may be used […]
61-4-130. Courtesy license plates — issuance — restrictions on use. (1) Upon application and payment of an annual fee of $150 a set, the department may issue up to two sets of courtesy plates to a dealer. (2) Courtesy license plates may be displayed only on a motor vehicle that the dealer loans, without charge or fee, […]
61-4-131. Definitions. As used in this part, the following definitions apply: (1) ”Broker” means a person: (a) who engages in the business of offering to procure or procuring a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle on behalf of another; or (b) who […]
61-4-132. Right of designated family member to succeed in dealership ownership. (1) Any designated family member of a retiring, deceased, or incapacitated dealer may succeed the dealer in the ownership or operation of the dealership under the existing franchise or distribution agreement upon the retiring dealer or the family member of a deceased or incapacitated dealer […]
61-4-133. Refusal to honor succession to ownership — notice required. (1) If a manufacturer, factory branch, distributor, or importer believes that good cause exists for refusing to honor the succession to the ownership and operation of a dealership by a designated family member under the existing franchise agreement as provided for in this part, the manufacturer, […]
61-4-134. Procedure to determine right to succeed. (1) Any designated family member who receives notice of the manufacturer’s, factory branch’s, distributor’s, or importer’s refusal to honor the family member’s succession to the ownership and operation of the dealership may, within the 90-day period, file a written complaint with the department for a hearing and determination by […]
61-4-135. Written designation of succession unaffected. Sections 61-4-132 through 61-4-137 do not preclude a new dealer from designating any person as the new dealer’s successor by written instrument filed with the manufacturer, factory branch, distributor, or importer. History: En. 51-613 by Sec. 5, Ch. 381, L. 1977; R.C.M. 1947, 51-613; amd. Sec. 50, Ch. 329, L. 2007.
61-4-136. Violation — penalty. Any person violating the provisions of 61-4-132 through 61-4-137 shall upon conviction be fined no more than $5,000. History: En. 51-614 by Sec. 6, Ch. 381, L. 1977; R.C.M. 1947, 51-614; amd. Sec. 51, Ch. 329, L. 2007.
61-4-137. Civil damages. Any new dealer suffering pecuniary loss because of a violation of 61-4-132 through 61-4-136, upon prevailing in a civil action for a violation, is entitled to damages equal to three times the pecuniary loss, together with court costs and reasonable attorney fees. History: En. 51-615 by Sec. 7, Ch. 381, L. 1977; R.C.M. 1947, […]
61-4-138 through 61-4-140 reserved.
61-4-141. Repealed. Sec. 4, Ch. 93, L. 2017. History: En. Sec. 13, Ch. 221, L. 1997; amd. Sec. 169, Ch. 542, L. 2005.
61-4-142 reserved.
