R152. Commerce, Consumer Protection.R152-20. New Motor Vehicle Warranties Act Rule.
R152-20-101. Purpose.
The purpose of this rule is to aid the division's administration and enforcement of Title 13, Chapter 20, New Motor Vehicle Warranties Act Rule.
R152-20-102. Authority.
This rule is promulgated in accordance with Subsection 13-2-106(1).
R152-20-103. Definitions.
(1) "Collateral charge" includes:
(a) sales tax;
(b) document preparation fees; and
(c) the cost of additional warranties or extended warranties, if included in the purchase price.
(2) "Comparable new motor vehicle" means:
(a) a new 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 including any service contracts, contract options, and factory or dealer installed options that were included in the original sale of the nonconforming vehicle to the consumer; or
(b) if the consumer consents to a different make or model, 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.
(3) "New motor vehicle" means a motor vehicle that has:
(a) never been titled or registered; and
(b) been driven fewer than 7,500 miles.
(4) "Nonconforming motor vehicle" means a motor vehicle that does not meet all express warranties provided in the sales agreement or contract.
(5) "Purchase price" means the actual amount paid for the vehicle.
R152-20-201. Replacement or Refund of Nonconforming Motor Vehicles.
(1) An attempt to repair described by Section 13-20-4 or Section 13-20-5 occurs when a vehicle is presented to the manufacturer, its agent, or authorized dealer because the vehicle does not conform to an express warranty.
(2) A manufacturer that repurchases a nonconforming motor vehicle that was leased to a consumer shall:
(a) refund to the lessor all payments made in accordance with the lease;
(b) include in the refund or repurchase price any trade-in value included in the lease agreement, inception payment, and security deposit;
(c) make all payments on behalf of the lessee necessary to obtain clear title to the motor vehicle; and
(d) upon the lessor or lienholder's receipt of payment described by Subsection (2)(c), ensure that the consumer is relieved of any future obligation in accordance with the lease.
(3) Any excess from the payments described by Subsection (2)(c) shall be paid to the lessee.
(4) A manufacturer that is unable to provide a comparable new motor vehicle to a consumer may, with the consumer's consent, provide a replacement vehicle of comparable quality.
(5) The customer shall not incur additional expense with respect to the replacement vehicle described by Subsection (4), except as a reasonable allowance for use of the nonconforming motor vehicle.
R152-20-202. Reasonable Allowance for Use.
(1) A manufacturer, its agent, or authorized dealer that refunds a consumer in accordance with Subsection 13-20-4(1) shall calculate the reasonable allowance for use:
(a) by multiplying the number of miles driven by the quotient of dividing the vehicle's purchase price by 100,000; and
(b) may not include in its calculation:
(i) the mileage on the vehicle at the time of delivery to the consumer; or
(ii) mileage accumulated while the vehicle is being repaired.
(2) Notwithstanding the calculation described by Subsection (1), the reasonable allowance per mile of use may not be less than 10 cents per mile, nor more than 21 cents per mile.
KEY: automobiles, automobile repair, consumer protection, motor vehicles
Date of Last Change: August 19, 2026
Notice of Continuation: October 8, 2026
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-20-1
