1. (1) The following are civil violations under this chapter and are in addition to criminal violations under this chapter:

   1. (a) Level I:

      1. (i) failing to display business license;
      2. (ii) failing to surrender license of salesperson because of termination, suspension, or revocation;
      3. (iii) failing to maintain a separation from nonrelated motor vehicle businesses at licensed locations;
      4. (iv) issuing a temporary permit improperly;
      5. (v) failing to maintain records;
      6. (vi) selling a new motor vehicle to a nonfranchised dealer or leasing company without licensing the motor vehicle;
      7. (vii) special plate violation;
      8. (viii) failing to maintain a sign at a principal place of business; or
      9. (ix) failing to store a salvage vehicle purchased at a motor vehicle auction in a secure location until the purchaser or a transporter has provided the proper documentation to take possession of the salvage vehicle.

   2. (b) Level II:

      1. (i) failing to report sale;
      2. (ii) dismantling without a permit;
      3. (iii) manufacturing without meeting construction or vehicle identification number standards;
      4. (iv) withholding customer license plates;
      5. (v) selling a motor vehicle on consecutive days of Saturday and Sunday; or
      6. (vi) failing to record and report the sale of a salvage vehicle at a motor vehicle auction as described in Section 41-3-201.

   3. (c) Level III:

      1. (i) operating without a principal place of business;
      2. (ii) selling a new motor vehicle as a dealer who is not a direct-sale manufacturer without holding the franchise;
      3. (iii) crushing a motor vehicle without proper evidence of ownership;
      4. (iv) selling from an unlicensed location;
      5. (v) altering a temporary permit;
      6. (vi) refusal to furnish copies of records;
      7. (vii) assisting an unlicensed dealer or salesperson in sales of motor vehicles;
      8. (viii) advertising violation;
      9. (ix) failing to separately identify the fees required by Title 41, Chapter 1a, Motor Vehicle Act;
      10. (x) encouraging or conspiring with unlicensed persons to solicit for prospective purchasers;
      11. (xi) selling, offering for sale, or displaying for sale or exchange a vehicle, vessel, or outboard motor in violation of Section 41-1a-705; or
      12. (xii) a violation of Subsection 41-3-211(1)(d).

2. (2)

   1. (a) The schedule of civil penalties for violations of Subsection (1) is:

      1. (i) Level I: $25 for the first offense, $100 for the second offense, and $250 for the third and subsequent offenses;
      2. (ii) Level II: $100 for the first offense, $250 for the second offense, and $1,000 for the third and subsequent offenses; and
      3. (iii) Level III: $250 for the first offense, $1,000 for the second offense, and $5,000 for the third and subsequent offenses.
   2. (b) When determining under this section if an offense is a second or subsequent offense, only prior offenses committed within the 12 months before the commission of the current offense may be considered.
3. (3) Knowingly selling a salvage vehicle, as defined in Section 41-1a-1001, without disclosing that the salvage vehicle has been repaired or rebuilt is a civil violation in addition to a criminal violation under Section 41-1a-1008.

4. (4) The civil penalty for a violation under Subsection (3) is:

   1. (a) not less than $1,000, or treble the actual damages caused by the person, whichever is greater; and
   2. (b) reasonable attorney fees and costs of the action.
5. (5) A civil action may be maintained by a purchaser or by the administrator.

Amended by Chapter 63, 2023 General Session