97-052
Response September 5, 1997
From: NAME
To: I
REES
Date: 8/14/97
4:48pm
Subject: Request
for Advisory Opinion - Residency for Motor Vehicle Registration Purposes
Section 41-1A-202 requires residents to register vehicles
within 60 days of arriving in the state.
Among other criteria, residents include anyone who "engages in a
trade, profession, or occupation in this state or who accepts employment in
other than seasonal work in this state and who does not commute into the
state."
Questions:
1) Can commute include returning home via airlines
on a weekly or longer basis?
2) If the answer is yes, but the commuter works here
for 6 months or more would they have to register anyway? Or would a new 6 month
period start each time they returned?
Background Information
No definition of seasonal employment in the code,
but the dictionary defines seasonal as, "of, relating to, or varying in
occurrence according to the season; "affected or caused by seasonal need or
availability."
Traditionally, the Motor Vehicle Division viewed
anyone employed or working in Utah for remuneration as a resident for
registration purposes.
"41-1a-202. Definitions -- Vehicles exempt from
registration -- Registration of vehicles after establishing residency.
(1) In this section:
(a) "Domicile" means the place:(I) where
an individual has a fixed permanent home and principal establishment;
(ii) to which the individual if absent, intends to
return; and
(iii) in which the individual and his family
voluntarily reside, not for a special or temporary purpose, but with the
intention of making a permanent home.
(b) (I) "Resident" means any of the
following:
(A) an individual who:
(I) has established a domicile in this state;
(II) regardless of domicile, remains in this state
for an aggregate period of six months or more during any calendar year;
(III) engages in a trade, profession, or occupation
in this state or who accepts employment in other than seasonal work in this
state and who does not commute into the state;
(IV) declares himself to be a resident of this state
for the purpose of obtaining a driver license or motor vehicle registration; or
(V) declares himself a resident of Utah to obtain
privileges not ordinarily extended to nonresidents, including going to school,
or placing children in school without paying nonresident tuition or fees;
(B) any individual, partnership, limited liability
company, firm, corporation, association, or other entity that:
(I) maintains a main office, branch office, or
warehouse facility in this state and that bases and operates a motor vehicle in
this state; or
(II) operates a motor vehicle in intrastate
transportation for other than seasonal work.
(ii) "Resident" does not include any of
the following:
(A) a member of the military temporarily stationed
in Utah;
(B) an out-of-state student, as classified by the
institution of higher education, enrolled with the equivalent of seven or more
quarter hours, regardless of whether the student engages in a trade,
profession, or occupation in this state or accepts employment in this state.
(2) Registration under this chapter is not required
for any:
(a) vehicle registered in another state and owned by
a nonresident of the state or operating under a temporary registration permit
issued by the division or a dealer authorized by this chapter, driven or moved
upon a highway in conformance with the provisions of this chapter relating to
manufacturers, transporters, dealers, lien holders, or interstate commercial
vehicles;
.........
(3) Unless otherwise exempted under Subsection (2),
registration under this chapter is required for any motor vehicle, combination
of vehicles, trailer, semitrailer, or vintage vehicle within 60 days of the
owner establishing residency in this state.
September
5, 1997
NAME
ADDRESS
CITY STATE ZIP
Advisory Opinion - Vehicle registrations of
out-of-state consultants working in Utah
Dear NAME,
We have
received your request for an opinion as to whether members of an out-of-state
consultant team working in Utah must register their vehicles in Utah. We find as follows:
As
you have pointed out, a vehicle must be registered in Utah within 60 days of the
owner establishing residency in this state.
One is a resident for vehicle registration purposes if that person
remains in the state for six months or more in aggregate during the calendar
year or if that person works in Utah but does not commute to work from outside
of Utah.
We
assume that you are concerned about members of the consulting team who have and
will maintain a work site in Utah for an extended period of time. The team members will work in Utah during
their regularly scheduled work week, but may leave the state on weekends to
return to their families. These team
members are Utah residents for purposes of registering the vehicles they
operate in Utah. Utah is considered
their principal place of employment.
Additionally, team members who
work here during the work week are likely to rent, lease or otherwise establish
a place of residence in Utah. Their
commute is from that place of residence to the workplace. The fact that a team member may leave the
state on weekends to visit with family outside of Utah does not exempt that
person from the registration requirements on the basis of an out-of-state
commute to work. Finally, team members
who work in Utah for six months or more in aggregate are subject to
Utah’s vehicle registration requirements regardless of their living and
commuting arrangements.
Please
let us know if you need further clarification.
For
the Commission,
Joe
B. Pacheco,
Commissioner
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