Code of Virginia - Title 46.2 Motor Vehicles - Chapter 19.2 Motorcycle Dealers

46.2-1993 Definitions
Unless the context otherwise requires, the following words and terms for the purpose of this chapter shall have the following meanings: "All-terrain vehicle" shall have ...
46.2-1993.1 General powers of Commissioner
The Commissioner shall promote the interest of the retail buyers of motorcycles and endeavor to prevent unfair methods of competition and unfair or deceptive acts ...
46.2-1993.2 Commissioner's powers with respect to hearings under this chapter
The Commissioner may, in hearings arising under this chapter, determine the place in the Commonwealth where they shall be held; subpoena witnesses; take depositions of ...
46.2-1993.3 Suit to enjoin violations; manufacturer, factory branch, distributor, distributor branch, factory o...
A. The Commissioner, whenever he believes from evidence submitted to him that any person has been violating, is violating or is about to violate any ...
46.2-1993.4 Regulations
The Commissioner may promulgate regulations requiring persons licensed under this chapter to keep and maintain records reasonably required for the enforcement of §§ 46.2-112 and ...
46.2-1993.5 Penalties
Except as otherwise provided in this chapter, any person violating any of the provisions of this chapter may be assessed a civil penalty not to ...
46.2-1993.6 Licenses required
Except as otherwise provided in this section, it shall be unlawful for any person to engage in business in the Commonwealth as a motorcycle dealer, ...
46.2-1993.6:1 Certification of certain nonprofit organizations
Upon application to and approval by the Board, any nonprofit organization exempt from taxation under § 501 (c) (3) of the Internal Revenue Code may ...
46.2-1993.7 Application for license or certificate of dealer registration
Application for license or certificate of dealer registration under this chapter shall be made to the Commissioner and contain such information as the Commissioner shall ...
46.2-1993.8 Dealers required to have established place of business
No license shall be issued to any motorcycle dealer unless he has an established place of business, owned or leased by him, where a substantial ...
46.2-1993.9 Dealer-operator to have certificate of qualification
No license shall be issued to any motorcycle dealer unless the dealer-operator holds a valid certificate of qualification issued by the Department. Such certificate shall ...
46.2-1993.10 Salesperson to have certificate of qualification
No license shall be issued to any motorcycle salesperson unless he holds a valid certificate of qualification issued by the Department. A certificate shall be ...
46.2-1993.11 Continued operation on loss of a dealer-operator holding certificate of qualification
Each dealer shall notify the Department in writing immediately when a dealer-operator who holds a certificate of qualification dies, becomes disabled, retires, is removed, or ...
46.2-1993.12 Action on applications; hearing on denial; denial for failure to have established place of busines...
The Commissioner shall act on all applications for a license or certificate of dealer registration under this chapter within sixty days after receipt by either ...
46.2-1993.13 Location to be specified; display of license; change of location
The licenses of motorcycle dealers, manufacturers, factory branches, distributors, and distributor branches shall specify the location of each place of business, branch or other location ...
46.2-1993.14 Supplemental sales locations
The Commissioner may issue a license for a licensed motorcycle dealer to display for sale or sell motorcycles at locations other than his established place ...
46.2-1993.15 Changes in form of ownership, line-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 ...
46.2-1993.16 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 maintain a list ...
46.2-1993.17 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 as follows: 1. For motorcycle dealers, $100 for each principal place ...
46.2-1993.18 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 (§ 46.2-1993.20) of this chapter, shall be collected by ...
46.2-1993.19 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 twelve consecutive months except, at the discretion ...
46.2-1993.20 Bonding requirements for applicants for license
Every applicant for an original, second year renewal and third year renewal motorcycle dealer's license shall obtain and file with the Commissioner a bond in ...
46.2-1993.21 Examination or audit of licensee; costs
The Commissioner or authorized representatives of the Department may examine, during the posted business hours, the records required to be maintained by this chapter. If ...
46.2-1993.22 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 ...
46.2-1993.23 Buyer's order
A. Every motorcycle dealer shall complete, in duplicate, a buyer's order for each sale or exchange of a vehicle. A copy of the buyer's order ...
46.2-1993.24 Consignment motorcycles; contract
Any motorcycle dealer offering a motorcycle for sale on consignment shall have in his possession a consignment contract for the motorcycle, executed and signed by ...
46.2-1993.25 Odometer disclosure
Every motorcycle dealer shall comply with all requirements of the Federal Odometer Act and § 46.2-629 by completing the appropriate odometer mileage statement form for ...
46.2-1993.26 Certain disclosures required by manufacturers and distributors
Motorcycle manufacturers and distributors shall affix or cause to be affixed in a conspicuous place to every motorcycle offered for sale as a new motorcycle ...
46.2-1993.27 Business hours
Each motorcycle dealer shall be open for business a minimum of twenty hours per week, at least ten of which shall be between the hours ...
46.2-1993.28 Signs
Each retail motorcycle dealer's place of business shall be identified by a permanent sign visible from the front of the business office so that the ...
46.2-1993.29 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 ...
46.2-1993.30 Coercing purchaser to provide insurance coverage on motorcycle
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 ...
46.2-1993.31 Prohibited solicitation and compensation
It shall be unlawful for any motorcycle dealer or salesperson licensed under this chapter, directly or indirectly, to solicit the sale of a motorcycle through ...
46.2-1993.32 Salesperson selling for other than his employer prohibited
It shall be unlawful for any motorcycle salesperson licensed under this chapter to sell or exchange or offer or attempt to sell or exchange any ...
46.2-1993.33 Inspection of vehicles required
No person required to be licensed as a dealer under this chapter shall sell at retail any vehicle which is intended by the buyer for ...
46.2-1993.34 Inspections prior to sale not required of certain sellers
The provisions of §§ 46.2-1158 and 46.2-1993.33 requiring inspection of any vehicle prior to sale at retail shall not apply to any person conducting a ...
46.2-1993.35 Temporary certificates of ownership
A. Notwithstanding §§ 46.2-617 and 46.2-628, whenever a dealer licensed by the Department sells and delivers to a purchaser a vehicle and is unable at ...
46.2-1993.36 Use of old license plates and registration number on a motorcycle
An owner who sells or transfers a registered motorcycle may have the license plates and the registration number transferred to a motorcycle titled in the ...
46.2-1993.37 Certificate of title for dealers
Except as otherwise provided in this chapter, every dealer shall obtain, on the purchase of each motorcycle, a certificate of title issued to the dealer ...
46.2-1993.38 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. On cessation of ...
46.2-1993.39 Registration of dealers; fees; exemptions
Every manufacturer, distributor, or dealer, before he commences to operate motorcycles in his inventory for sale or resale, shall apply to the Commissioner for a ...
46.2-1993.40 License under this chapter prerequisite to receiving dealer's license plates; insurance required; C...
No motorcycle manufacturer, distributor, or dealer, unless licensed under this chapter, shall be entitled to receive or maintain any dealer's license plates. It shall be ...
46.2-1993.41 Transferable dealer's license plates
In lieu of registering each motorcycle, a manufacturer, distributor, or dealer owning and operating any motorcycle on any highway may obtain a dealer's license plate ...
46.2-1993.42 Dealer's license plates to distinguish between various types of dealers
The Commissioner shall provide for the issuance of appropriate franchised or independent dealer's license plates so as to distinguish between factory motorcycle dealers and motorcycle ...
46.2-1993.43 Dealer's promotional license plates
In addition to any other license plate authorized by this article, the Commissioner may issue dealer's promotional license plates to a dealership for use on ...
46.2-1993.44 Use of motorcycle dealer's license plates, generally
A. Motorcycle dealer's license plates may be used on motorcycles in the inventory of licensed motorcycle manufacturers, distributors, and dealers in the Commonwealth when operated ...
46.2-1993.45 Use of dealer's license plates and temporary transport plates on certain vehicles
Notwithstanding the provisions of § 46.2-1993.44, dealer's license plates or dealer's temporary transport plates may be used on vehicles being transported (i) to and from ...
46.2-1993.46 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 § 46.2-1993.40, may provide for the ...
46.2-1993.47 Use of motorcycle dealer's license plates on newly purchased motorcycles
Notwithstanding the provisions of § 46.2-1993.44, any dealer who sells and delivers to a purchaser a motorcycle at a time when the main offices of ...
46.2-1993.48 Operation without license plate prohibited
No manufacturer or distributor of or dealer in motorcycles shall cause or permit any motorcycle, owned by him to be operated or moved on a ...
46.2-1993.49 Movement by manufacturer to place of shipment or delivery
Any manufacturer of motorcycles may operate or move or cause to be moved or operated on the highways for a distance of no more than ...
46.2-1993.50 Movement by dealers to salesrooms
Any dealer in motorcycles may operate or move, or cause to be operated or moved, any motorcycle on the highways for a distance of no ...
46.2-1993.51 Operation under foreign dealer's license
It shall be unlawful, except as provided for by reciprocal agreement, for any person to operate a motorcycle or for the owner thereof to permit ...
46.2-1993.52 Use of certain foreign-registered motorcycles in driver education programs
Dealer's license plates may be displayed on motorcycles used by Virginia school systems in connection with driver education programs approved by the State Board of ...
46.2-1993.53 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 ...
46.2-1993.54 Penalties for violations of article; service of summons
Notwithstanding § 46.2-1993.5, any person violating any of the provisions of this article shall be guilty of a Class 3 misdemeanor. Any summons issued for ...
46.2-1993.55 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 ...
46.2-1993.55:1 Alternative print-on-demand program for issuance of temporary license plates to dealers and vehicl...
A. Notwithstanding the provisions of § 46.2-1993.55, the Department may develop and implement procedures and requirements necessary for delivery of temporary license plates to dealers ...
46.2-1993.56 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 ...
46.2-1993.57 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 ...
46.2-1993.58 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 motorcycle, whether or ...
46.2-1993.59 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 ...
46.2-1993.60 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, ...
46.2-1993.61 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 ...
46.2-1993.62 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 ...
46.2-1993.63 Penalties
Any person violating any of the provisions of this article shall be guilty of a Class 1 misdemeanor. (1996, cc. 1043, 1052.) ...
46.2-1993.64 Filing of franchises
Except as otherwise provided in this section, each motorcycle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof shall file with the Commissioner a true ...
46.2-1993.65 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 ...
46.2-1993.66 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 ...
46.2-1993.67 Other coercion of dealers; transfer, grant, succession to and cancellation of dealer franchises; de...
It shall be unlawful for any manufacturer, factory branch, distributor, or distributor branch, or any field representative, officer, agent, or their representatives: 1. To coerce ...
46.2-1993.67:1 When discontinuation, cancellation, or nonrenewal of franchise unfair
A discontinuation, cancellation, or nonrenewal of a franchise agreement is unfair if it is not clearly permitted by the franchise agreement, is not undertaken in ...
46.2-1993.67:2 Repurchase of vehicles, parts, and equipment in the event of involuntary discontinuation, cancellat...
A. In the event of any involuntary discontinuation, cancellation, or nonrenewal of a franchise agreement, the manufacturer or distributor shall, within 60 days from the ...
46.2-1993.68 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 ...
46.2-1993.69 Discontinuation of distributors
If the contract between a distributor and a manufacturer or importer is terminated or otherwise discontinued, all franchises granted to motorcycle dealers in Virginia by ...
46.2-1993.70 Warranty obligations
A. Each motorcycle manufacturer, factory branch, distributor, or distributor branch shall (i) specify in writing to each of its motorcycle dealers licensed in the Commonwealth ...
46.2-1993.71 Operation of dealership by manufacturer
It shall be unlawful for any motorcycle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof, to own, operate, or control any motorcycle dealership in ...
46.2-1993.72 Ownership of service facilities
It shall be unlawful for any motorcycle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof, to own, operate, or control, either directly or indirectly, ...
46.2-1993.73 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 ...
46.2-1993.74 Late model and factory repurchase franchises
Franchised late model or factory repurchase motorcycle dealers shall have the same rights and obligations as provided for franchised new motorcycle dealers in this article, ...
46.2-1993.75 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 ...
46.2-1993.76 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 ...
46.2-1993.77 Suspension, revocation, and refusal to renew licenses or certificates of dealer registration or qua...
A. Except as provided in subsections B and C of this section, no license or certificate of dealer registration or qualification issued under this subtitle ...
46.2-1993.78 Appeals from actions of the Commissioner
Any person aggrieved by the action of the Commissioner in refusing to grant or renew a license or certificate of dealer registration or qualification issued ...
46.2-1993.79 Appeals to Court of Appeals
Either party may appeal from the decision of the court under § 46.2-1993.78 to the Court of Appeals. These appeals shall be taken and prosecuted ...
46.2-1993.80 Equitable remedies not impaired
The remedy at law provided by §§ 46.2-1993.78 and 46.2-1993.79 shall not in any manner impair the right to applicable equitable relief. That right to ...
46.2-1993.81 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 ...
46.2-1993.82 Enforcement; regulations
The Commissioner may promulgate regulations reasonably necessary for enforcement of this article. In addition to any other sanctions or remedies available to the Commissioner under ...

Last modified: April 3, 2009