Code of Virginia - Title 46.2 Motor Vehicles - Chapter 15 Motor Vehicle Dealers

46.2-1500 Definitions
Unless the context otherwise requires, the following words and terms for the purpose of this chapter shall have the following meanings: "Board" means the Motor ...
46.2-1501 General powers of Commissioner
The Commissioner shall promote the interest of the retail buyers of motor vehicles and endeavor to prevent unfair methods of competition and unfair or deceptive ...
46.2-1502 Description unavailable
Repealed by Acts 1995, cc. 767 and 816. ...
46.2-1503 Motor Vehicle Dealer Board
A. The Motor Vehicle Dealer Board is hereby created. The Board shall consist of nineteen members appointed by the Governor, subject to confirmation by the ...
46.2-1503.1 Board to employ Executive Director
The Board shall employ an executive director who shall serve at the pleasure of the Board. He shall direct the affairs of the Board and ...
46.2-1503.2 State Personnel and Public Procurement Acts not applicable
A. The Executive Director and all staff employed by the Board shall be exempt from the Virginia Personnel Act (§ 2.2-2900 et seq.) of Title ...
46.2-1503.3 Motor Vehicle Dealer Board Fund; receipts; disbursements
The Motor Vehicle Dealer Board Fund is established as a special fund in the state treasury. Except as otherwise provided in this chapter, all fees ...
46.2-1503.4 General powers and duties of Board
The powers and duties of the Board shall include, but not be limited to the following: 1. To establish the qualifications of applicants for certification ...
46.2-1503.5 Biennial report
The Board shall submit a biennial report to the Governor and General Assembly on or before November 1 of each even-numbered year. The biennial report ...
46.2-1504 Board's powers with respect to hearings under this chapter
The Board may, in hearings arising under this chapter, except as provided for in Article 7 (§ 46.2-1566 et seq.), determine the place in the ...
46.2-1505 Suit to enjoin violations
The Board, whenever it believes from evidence submitted to the Board that any person has been violating, is violating or is about to violate any ...
46.2-1506 Regulations
The Board may promulgate regulations requiring persons licensed under this chapter to keep and maintain records reasonably required for the enforcement of §§ 46.2-112 and ...
46.2-1506.1 Additional training
The Board may promulgate regulations specifying additional training or conditions for individuals seeking certification, licensure, or renewal of certificates or licenses. (1995, cc. 767, 816.) ...
46.2-1507 Penalties
Except as otherwise provided in this chapter, any person violating any of the provisions of this chapter may be assessed a civil penalty by the ...
46.2-1508 Licenses required
It shall be unlawful for any person to engage in business in the Commonwealth as a motor vehicle dealer or salesperson without first obtaining a ...
46.2-1508.1 Licensure of certain nonprofit organizations
A. Any nonprofit organization exempt from taxation under § 501 (c) (3) of the Internal Revenue Code that (i) receives title to motor vehicles as ...
46.2-1508.2 Display, parking, selling, advertising sale of certain used motor vehicles prohibited
No owner or lessee of any real property shall permit the display or parking of more than five used motor vehicles within any 12-month period ...
46.2-1509 Application for license or certificate of dealer registration
Application for license or certificate of dealer registration under this chapter shall be made to the Board and contain such information as the Board shall ...
46.2-1510 Dealers required to have established place of business
No license shall be issued to any motor vehicle dealer unless he has an established place of business, owned or leased by him, where a ...
46.2-1511 Dealer-operator to have certificate of qualification
A. No license shall be issued to any franchised motor vehicle dealer or any independent motor vehicle dealer owned by a franchised motor vehicle dealer ...
46.2-1512 Salesperson to have certificate of qualification
No license shall be issued to any motor vehicle salesperson unless he holds a valid certificate of qualification issued by the Board. A certificate shall ...
46.2-1513 Continued operation on loss of a dealer-operator holding certificate of qualification
Each dealer shall notify the Board in writing immediately when a dealer-operator who holds a certificate of qualification dies, becomes disabled, retires, is removed, or ...
46.2-1514 Action on applications; hearing on denial; denial for failure to have established place of busines...
The Board shall act on all applications for a license or certificate of dealer registration under this chapter within sixty days after receipt by either ...
46.2-1515 Location to be specified; display of license; change of location
The licenses of motor vehicle dealers shall specify the location of each place of business, branch or other location occupied or to be occupied by ...
46.2-1516 Supplemental sales locations
The Board may issue a license for a licensed motor vehicle dealer to display for sale or sell vehicles at locations other than his established ...
46.2-1517 Changes in form of ownership, make, name
Any change in the form of ownership or the addition or deletion of a partner shall require a new application, license, and fee. Any addition ...
46.2-1518 Display of salesperson's license; notice on termination
No salesperson shall be employed by more than one dealer, unless the dealers are owned by the same person. Each dealer shall post and maintain ...
46.2-1519 License and registration fees; additional to other licenses and fees required by law
A. The fee for each license and registration year or part thereof shall be determined by the Board, subject to the following: 1. For motor ...
46.2-1520 Collection of license and registration fees; payments from fund
All licensing and registration fees provided for in this chapter, except as identified in Article 3.1 (§ 46.2-1527.1 et seq.) of this chapter shall be ...
46.2-1521 Issuance, expiration, and renewal of licenses and certificates of registration
A. All licenses and certificates of registration issued under this chapter shall be issued for a period of 12 consecutive months except, at the discretion ...
46.2-1522 through 46.2-1527
Repealed by Acts 1994, c. 478, effective April 8, 1994. ...
46.2-1527.1 Motor Vehicle Transaction Recovery Fund established
All fees in this article shall be deposited in the Motor Vehicle Transaction Recovery Fund, hereinafter referred to in this article as "the Fund." The ...
46.2-1527.2 Bonding requirements for applicants for an original license
Before the Board shall issue to an applicant an original license, the applicant shall obtain and file with the Board a bond in the amount ...
46.2-1527.3 Recovery from Fund, generally
Except as otherwise provided in this chapter, whenever any person is awarded a final judgment in a court of competent jurisdiction in the Commonwealth for ...
46.2-1527.4 Opportunity to intervene
Any action instituted by a person against a licensed or registered dealer or a salesperson, which may become a claim against the Fund, shall be ...
46.2-1527.5 Limitations on recovery from Fund
The maximum claim of one judgment creditor against the Fund based on an unpaid final judgment arising out of any loss or damage by reason ...
46.2-1527.6 Assignment of claimant's rights to the Board; payment of claims
Subject to the provisions of this article and on the claimant's execution and delivery to the Board of an assignment to the Board of his ...
46.2-1527.7 Revocation of license or certificate of registration on payment from the Fund
On payment by the Board to a claimant from the Fund as provided in this article, the Board shall immediately notify the licensee or registrant ...
46.2-1527.8 No waiver by the Board of disciplinary action against licensee or registrant
Nothing contained in this article shall limit the authority of the Board to take disciplinary action against any licensee or registrant for any violation of ...
46.2-1527.9 Continuous bonding requirements for Fund nonparticipants
Applicants for a renewal of a motor vehicle dealer's license may elect to obtain and continuously maintain a bond in the amount of $100,000 in ...
46.2-1527.10 Recovery on bond
With respect to a motor vehicle dealer electing continuous bonding under § 46.2-1527.9, whenever any person is awarded a final judgement in a court of ...
46.2-1527.11 No waiver by the Board of disciplinary action against licensee or registrant
Nothing contained in this article shall limit the authority of the Board to take disciplinary action against any licensee or registrant for any violation of ...
46.2-1528 Examination or audit of licensee; costs
The Board or authorized representatives of the Board may examine, during the posted business hours, the records required to be maintained by this chapter. If ...
46.2-1529 Dealer records
All dealer records regarding employees; lists of vehicles in inventory for sale, resale, or on consignment; vehicle purchases, sales, trades, and transfers of ownership; collections ...
46.2-1529.1 Sales of used motor vehicles by dealers; disclosures; penalty
A. If, in any retail sale by a dealer of a used motor vehicle of under 6,000 pounds gross vehicle weight for use on the ...
46.2-1530 Buyer's order
A. Every motor vehicle dealer shall complete, in duplicate, a buyer's order for each sale or exchange of a motor vehicle. A copy of the ...
46.2-1530.1 Purchaser's on-line systems filing fee; collection and remittance
Any dealer licensed under this chapter who uses a Department-approved system of remote electronic filing of documentation necessary to obtain a certificate of title or ...
46.2-1530.2 Dealer's manual transaction fee; use in special fund
Every dealer licensed under this chapter shall pay to the Department a fee of $15 for each manual transaction in excess of 20 transactions per ...
46.2-1531 Consignment vehicles; contract
Any motor vehicle dealer offering a vehicle for sale on consignment shall have in his possession a consignment contract for the vehicle, executed and signed ...
46.2-1532 Odometer disclosure; penalty
Every motor vehicle dealer shall comply with all requirements of the Federal Odometer Act and § 46.2-629 by completing the appropriate odometer mileage statement form ...
46.2-1532.1 Certain disclosures required by manufacturers and distributors
Motor vehicle manufacturers and distributors shall affix or cause to be affixed in a conspicuous place to every motor vehicle offered for sale as a ...
46.2-1532.2 Certain disclosures required by motor vehicle manufacturers; motor vehicle recording devices...
A. A manufacturer of a new vehicle sold or leased in the Commonwealth that is equipped with one or more recording devices, as defined in ...
46.2-1533 Business hours
Each motor vehicle dealer shall be open for business a minimum of twenty hours per week, at least ten of which shall be between the ...
46.2-1534 Signs
Each retail motor vehicle dealer's place of business shall be identified by a permanent sign visible from the front of the business office so that ...
46.2-1535 Advertisements
Unless the dealer is clearly identified by name, whenever any licensee places an advertisement in any newspaper or publication, the abbreviations "VA DLR," denoting a ...
46.2-1536 Coercing purchaser to provide insurance coverage on motor vehicle; penalty
It shall be unlawful for any dealer or salesperson or any employee of a dealer or representative of either to coerce or offer anything of ...
46.2-1537 Prohibited solicitation and compensation
It shall be unlawful for any motor vehicle dealer or salesperson licensed under this chapter, directly or indirectly, to solicit the sale of a motor ...
46.2-1538 Salesman selling for other than his employer prohibited
It shall be unlawful for any motor vehicle salesman licensed under this chapter to sell or exchange or offer or attempt to sell or exchange ...
46.2-1539 Inspection of vehicles required; penalty
No person required to be licensed as a dealer under this chapter shall sell at retail any motor vehicle which is intended by the buyer ...
46.2-1540 Inspections prior to sale not required of certain sellers
The provisions of §§ 46.2-1158 and 46.2-1539 requiring inspection of any motor vehicle prior to sale at retail shall not apply to any person conducting ...
46.2-1541 Description unavailable
Repealed by Acts 1995, cc. 767 and 816. ...
46.2-1542 Temporary registration
A. Notwithstanding §§ 46.2-617 and 46.2-628, whenever a dealer licensed by the Board sells or conditionally sells and delivers to a purchaser a motor vehicle, ...
46.2-1543 Use of old license plates and registration number on another vehicle
An owner who sells or transfers a registered motor vehicle may have the license plates and the registration number transferred to another vehicle titled in ...
46.2-1544 Certificate of title for dealers; penalty
Except as otherwise provided in this chapter, every dealer shall obtain, on the purchase of each vehicle, a certificate of title issued to the dealer ...
46.2-1545 Termination of business
No dealer, unless his license has been suspended, revoked, or canceled, shall cease business without a thirty-day prior notification to the Department and the Board. ...
46.2-1546 Registration of dealers; fees
Every manufacturer, distributor, or dealer, before he commences to operate vehicles in his inventory for sale or resale, shall apply to the Commissioner for a ...
46.2-1547 License under this chapter prerequisite to receiving dealer's license plates; insurance required; C...
No motor vehicle dealer, unless licensed under this chapter, nor any manufacturer or distributor, unless licensed under Chapter 19 (§ 46.2-1900 et seq.) of this ...
46.2-1548 Transferable license plates
In lieu of registering each vehicle of a type described in this section, a manufacturer, distributor, or dealer owning and operating any motor vehicle on ...
46.2-1549 Dealer's, manufacturer's, and distributor's license plates to distinguish between various types of ...
The Commissioner shall provide for the issuance of appropriate franchised or independent dealer's license plates. License plates for manufacturers shall bear the appropriate legend. (1988, ...
46.2-1549.1 Dealer's promotional license plates
In addition to any other license plate authorized by this article, the Commissioner may issue permanent or temporary dealer's promotional license plates to a dealer ...
46.2-1550 Use of dealer's and manufacturer's license plates, generally
A. Dealer's license plates may be used on vehicles in the inventory of licensed motor vehicle manufacturers, distributors, and dealers in the Commonwealth when operated ...
46.2-1550.1 Use of dealer's license plates and temporary transport plates on certain vehicles
Notwithstanding the provisions of § 46.2-1550, dealer's license plates or dealer's temporary transport plates may be used on vehicles being transported (i) from a motor ...
46.2-1550.2 Issuance and use of temporary transport plates, generally
The Department, subject to the limitations and conditions set forth in this section and the insurance requirements contained in § 46.2-1547, may provide for the ...
46.2-1551 Use of dealer's license plates or temporary transport plates on certain vehicles traveling from on...
Notwithstanding the provisions of § 46.2-1550, dealer's license plates or temporary transport plates may be used on tractor trucks or trucks for the purpose of ...
46.2-1552 Use of dealer's license plates on newly purchased vehicles
Notwithstanding the provisions of § 46.2-1550, any dealer who sells and delivers to a purchaser a motor vehicle at a time when the main offices ...
46.2-1552.1 Use of dealer's license plates or temporary transport plates for demonstrating trucks or tractor tr...
Notwithstanding any other provision of this chapter, dealer's license plates issued under § 46.2-1548 and temporary transport plates issued under § 46.2-1550.2 may be used ...
46.2-1553 Operation without license plate prohibited
No manufacturer or distributor of or dealer in motor vehicles shall cause or permit any motor vehicle owned by him to be operated or moved ...
46.2-1554 Movement by manufacturer to place of shipment or delivery
Any manufacturer of motor vehicles may operate or move or cause to be moved or operated on the highways for a distance of no more ...
46.2-1555 Movement by dealers to salesrooms
Any dealer in motor vehicles may operate or move, or cause to be operated or moved, any motor vehicle on the highways for a distance ...
46.2-1556 Operation under foreign dealer's license
It shall be unlawful, except as provided for by reciprocal agreement, for any person to operate a motor vehicle or for the owner thereof to ...
46.2-1557 Use of certain foreign-registered motor vehicles in driver education programs
Dealer's license plates may be displayed on motor vehicles used by Virginia school systems in connection with driver education programs approved by the State Board ...
46.2-1557.1 Removal of plates by Department of Motor Vehicles investigators; cancellation; reissuance
If any Department of Motor Vehicles investigator finds that a vehicle bearing license plates or temporary transport plates issued under this article is being operated ...
46.2-1557.2 Penalties for violations of article; service of summons
Notwithstanding § 46.2-1507, any person violating any of the provisions of this article shall be guilty of a Class 3 misdemeanor. Any summons issued for ...
46.2-1558 Issuance of temporary license plates to dealers and vehicle owners
The Department may, subject to the limitations and conditions set forth in this article, deliver temporary license plates designed by the Department to any dealer ...
46.2-1558.1 Alternative print-on-demand program for issuance of temporary license plates to dealers and vehicl...
A. Notwithstanding the provisions of § 46.2-1558, the Department may develop and implement procedures and requirements necessary for delivery of temporary license plates to dealers ...
46.2-1559 Records to be kept by dealers; inspection
Every dealer who has applied for temporary license plates shall maintain a permanent record of (i) all temporary license plates delivered to him, (ii) all ...
46.2-1560 Application for temporary license plate
No dealer shall issue a temporary license plate except on written application by the person entitled to receive the license plate, which application shall be ...
46.2-1561 To whom temporary plates shall not be issued; dealer to forward application for current titling an...
No dealer shall issue, assign, transfer, or deliver temporary license plates to other than the bona fide purchaser or owner of a vehicle, whether or ...
46.2-1562 Dealer to insert his name, date of issuance and expiration, make and identification number of vehic...
Every dealer who issues temporary license plates shall insert clearly and indelibly on the face of each temporary license plate the name of the issuing ...
46.2-1563 Suspension of right of dealer to issue
The Commissioner, on determining that the provisions of this chapter or the directions of the Department are not being complied with by any dealer, may ...
46.2-1564 Plates to be destroyed on expiration
Every person to whom temporary license plates have been issued shall destroy them on the thirtieth day after issue or immediately on receipt of the ...
46.2-1565 When plates to expire; refunds or credit
Temporary license plates shall expire on the receipt of the permanent license plates from the Department, or on the rescission of a contract to purchase ...
46.2-1565.1 Penalties
Any person violating any of the provisions of this article shall be guilty of a Class 3 misdemeanor. Any summons issued for any violation of ...
46.2-1566 Filing of franchises
A. It shall be the responsibility of each motor vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof to file with the Commissioner by ...
46.2-1567 Exemption of franchises from Retail Franchising Act
Franchises subject to the provisions of this chapter shall not be subject to any requirement contained in Chapter 8 (§ 13.1-557 et seq.) of Title ...
46.2-1568 Coercion of retail dealer by manufacturer or distributor with respect to retail installment sales c...
A. It shall be unlawful for any manufacturer or distributor, or any officer, agent, or representative of either, to coerce or attempt to coerce any ...
46.2-1568.1 Discrimination by manufacturers or distributors prohibited
No manufacturer or distributor, or any officer, agent, or representative of either, shall discriminate against a dealer holding a franchise of the manufacturer or distributor ...
46.2-1569 Other coercion of dealers; transfer, grant, succession to and cancellation of dealer franchises; de...
Notwithstanding the terms of any franchise agreement, it shall be unlawful for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, ...
46.2-1569.1 Manufacturer or distributor right of first refusal
Notwithstanding the terms of any franchise agreement, in the event of a proposed sale or transfer of a dealership, the manufacturer or distributor shall be ...
46.2-1570 Discontinuation of distributors
If the contract between a distributor and a manufacturer or importer is terminated or otherwise discontinued, all franchises granted to motor vehicle dealers in Virginia ...
46.2-1571 Warranty obligations
A. Each motor vehicle manufacturer, factory branch, distributor, or distributor branch shall (i) specify in writing to each of its motor vehicle dealers licensed in ...
46.2-1572 Operation of dealership by manufacturer
It shall be unlawful for any motor vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof, to own, operate, or control any motor vehicle ...
46.2-1572.1 Ownership of service facilities
It shall be unlawful for any motor vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof, to own, operate, or control, either directly or ...
46.2-1572.2 Mediation of disputes
At any time before a hearing under this article is commenced before the Commissioner, either party to a franchise agreement for the sale or service ...
46.2-1572.3 Waiver prohibited
No motor vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof shall obtain from a motor vehicle dealer a waiver of the dealer's rights ...
46.2-1572.4 Manufacturer or distributor use of performance standards
Any performance standard or program that is used by a manufacturer or distributor for measuring dealership performance and may have a material effect on a ...
46.2-1573 Hearings and other remedies; civil penalties
A. In every case of a hearing before the Commissioner authorized under this article, the Commissioner shall give reasonable notice of each hearing to all ...
46.2-1573.01 Recovery of attorney's fees
Any party to a proceeding under § 46.2-1573 who is found to have violated any provision of this article may be ordered by the circuit ...
46.2-1573.1 Late model and factory repurchase franchises
Franchised late model or factory repurchase motor vehicle dealers shall have the same rights and obligations as provided for franchised new motor vehicle dealers in ...
46.2-1574 Acts of officers, directors, partners, and salespersons
If a licensee or registrant is a partnership or corporation, it shall be sufficient cause for the denial, suspension, or revocation of a license or ...
46.2-1575 Grounds for denying, suspending, or revoking licenses or certificates of dealer registration or qua...
A license or certificate of dealer registration or qualification issued under this subtitle may be denied, suspended, or revoked on any one or more of ...
46.2-1576 Suspension, revocation, and refusal to renew licenses or certificates of dealer registration or qua...
A. Except as provided in § 46.2-1527.7 and subsections B and C of this section, no license or certificate of dealer registration or qualification issued ...
46.2-1577 Appeals from actions of the Board
Any person aggrieved by the action of the Board in refusing to grant or renew a license or certificate of dealer registration or qualification issued ...
46.2-1578 Appeals to Court of Appeals; bond
Either party may appeal from the decision of the court under § 46.2-1577 to the Court of Appeals. These appeals shall be taken and prosecuted ...
46.2-1579 Equitable remedies not impaired
The remedy at law provided by §§ 46.2-1577 and 46.2-1578 shall not in any manner impair the right to applicable equitable relief. That right to ...
46.2-1580 Description unavailable
Not set out. (1989, c. 308.) ...
46.2-1581 Regulated advertising practices
For purposes of this chapter, a violation of the following regulated advertising practices shall be an unfair, deceptive, or misleading act or practice. 1. A ...
46.2-1582 Enforcement; regulations
The Board may promulgate regulations reasonably necessary for enforcement of this article. In addition to any other sanctions or remedies available to the Board under ...

Last modified: April 3, 2009