§ 41-1a-522. Record of nonconforming vehicle -- Access -- Brand -- Unbranding.

(1) The definitions in Section 41-3-407 apply to this section.

(2) Upon receipt of a copy of an original certificate of title, Manufacturer's Statement of Origin, or other evidence of ownership of a nonconforming vehicle in accordance with Section 41-3-409, the division shall:

(a) establish a record of the reported nonconforming vehicle;

(b) consider the record a public record with public access under Sections 41-1a-116 and 63G-2-201;

(c) allow access to the record upon written application to the division; and

(d) upon request for a new certificate of title for a nonconforming vehicle, brand the certificate of title with the words "MANUFACTURER BUYBACK NONCONFORMING VEHICLE" clearly and conspicuously on the face of the new certificate of title.

(3) Upon receipt of the branded certificate of title, the division shall:

(a) follow the procedures established in Subsection (2); or

(b) if the record of the nonconforming vehicle contains an application for an unbranded certificate of title that meets the requirements of Section 41-3-409.5:

(i) update the record to show that all nonconformities have been cured;

(ii) consider the record a public record with public access under Sections 41-1a-116 and 63G-2-201;

(iii) allow access to the complete record upon written application to the division; and

(iv) upon request for a new certificate of title, issue an unbranded certificate of title.

Amended by Chapter 382, 2008 General Session