Code of Virginia - Title 46.2 Motor Vehicles - Chapter 19 T&M Vehicle Dealers

46.2-1900 Definitions
Unless the context otherwise requires, the following words and terms for the purpose of this chapter shall have the following meanings: "Certificate of origin" means ...

46.2-1901 General powers of Commissioner
The Commissioner shall promote the interest of the retail buyers of T&M vehicles and endeavor to prevent unfair methods of competition and unfair or deceptive ...

46.2-1902 , 46.2-1903
Repealed by Acts 1996, cc. 1043, 1052. ...

46.2-1904 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 ...

46.2-1905 Suit to enjoin violations
The Commissioner, whenever he believes from evidence submitted to him that any person has been violating, is violating or is about to violate any provision ...

46.2-1906 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 ...

46.2-1907 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 ...

46.2-1908 Licenses required
It shall be unlawful for any person to engage in business in the Commonwealth as a T&M vehicle dealer, salesperson, manufacturer, factory branch, distributor, distributor ...

46.2-1908.1 Certification of certain nonprofit organizations
Upon application to and approval by the Department, any nonprofit organization exempt from taxation under § 501 (c) (3) of the Internal Revenue Code may ...

46.2-1909 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 ...

46.2-1910 Dealers required to have established place of business
No license shall be issued to any T&M vehicle dealer unless he has an established place of business, owned or leased by him, where a ...

46.2-1911 Dealer-operator to have certificate of qualification
No license shall be issued to any T&M vehicle dealer unless the dealer-operator holds a valid certificate of qualification issued by the Department. Such certificate ...

46.2-1912 Salesperson to have certificate of qualification
No license shall be issued to any T&M vehicle salesperson unless he holds a valid certificate of qualification issued by the Department. A certificate shall ...

46.2-1913 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 ...

46.2-1914 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 ...

46.2-1915 Location to be specified; display of license; change of location
The licenses of T&M vehicle dealers, manufacturers, factory branches, distributors, and distributor branches and the licenses of motor vehicle manufacturers, factory branches, distributors and distributor ...

46.2-1916 Supplemental sales locations
The Commissioner may issue a license for a licensed T&M vehicle dealer to display for sale or sell T&M vehicles at locations other than his ...

46.2-1917 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 ...

46.2-1918 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 ...

46.2-1919 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 T&M vehicle dealers, $100 for each principal ...

46.2-1920 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 (§ 46.2-1927) of this chapter, shall be collected by ...

46.2-1921 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 ...

46.2-1922 through 46.2-1926
Reserved. ...

46.2-1927 Bonding requirements for applicants for license
Every applicant for an original, second year renewal, and third year renewal dealer's license shall obtain and file with the Commissioner a bond in the ...

46.2-1928 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 ...

46.2-1929 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 ...

46.2-1930 Buyer's order
A. Every T&M vehicle dealer shall complete, in duplicate, a buyer's order for each sale or exchange of a vehicle. A copy of the buyer's ...

46.2-1931 Consignment vehicles; contract
Any T&M vehicle dealer offering a T&M vehicle for sale on consignment shall have in his possession a consignment contract for the T&M vehicle, executed ...

46.2-1932 Odometer disclosure
Every T&M vehicle dealer shall comply with all requirements of the Federal Odometer Act and § 46.2-629 by completing the appropriate odometer mileage statement form ...

46.2-1933 Certain disclosures required by manufacturers and distributors
T&M vehicle manufacturers and distributors shall affix or cause to be affixed in a conspicuous place to every T&M vehicle offered for sale as a ...

46.2-1934 Business hours
Each T&M vehicle dealer shall be open for business a minimum of twenty hours per week, at least ten of which shall be between the ...

46.2-1935 Signs
Each retail T&M vehicle dealer's place of business shall be identified by a permanent sign visible from the front of the business office so that ...

46.2-1936 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 ...

46.2-1937 Coercing purchaser to provide insurance coverage on T&M vehicle
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 ...

46.2-1938 Prohibited solicitation and compensation
It shall be unlawful for any T&M vehicle dealer or salesperson licensed under this chapter, directly or indirectly, to solicit the sale of a T&M ...

46.2-1939 Salesperson selling for other than his employer prohibited
It shall be unlawful for any T&M vehicle salesperson licensed under this chapter to sell or exchange or offer or attempt to sell or exchange ...

46.2-1940 Inspection of vehicles required
No person required to be licensed as a dealer under this chapter shall sell at retail any T&M vehicle which is intended by the buyer ...

46.2-1941 Inspections prior to sale not required of certain sellers
The provisions of §§ 46.2-1158 and 46.2-1940 requiring inspection of any T&M vehicle prior to sale at retail shall not apply to any person conducting ...

46.2-1942 Description unavailable
Repealed by Acts 1996, cc. 1043 and 1052. ...

46.2-1943 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 ...

46.2-1944 Use of old license plates and registration number on a motor home
An owner who sells or transfers a registered T&M vehicle may have the license plates and the registration number transferred to a T&M vehicle titled ...

46.2-1945 Certificate of title for dealers
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 ...

46.2-1946 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 ...

46.2-1947 Registration of dealers; fees
Every manufacturer, distributor, or dealer, before he commences to operate T&M vehicles in his inventory for sale or resale, shall apply to the Commissioner for ...

46.2-1948 License under this chapter prerequisite to receiving dealer's license plates; insurance required; C...
No T&M vehicle manufacturer, distributor, or dealer, unless licensed under this chapter, shall be entitled to receive or maintain any dealer's license plates. It shall ...

46.2-1949 Transferable dealer's license plates
In lieu of registering each T&M vehicle, a manufacturer, distributor, or dealer owning and operating any T&M vehicle on any highway may obtain a dealer's ...

46.2-1950 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 dealers and T&M dealers. ...

46.2-1951 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 ...

46.2-1952 Use of dealer's license plates, generally
A. Dealer's license plates may be used on T&M vehicles in the inventory of licensed T&M vehicle manufacturers, distributors, and dealers in the Commonwealth when ...

46.2-1953 Use of dealer's license plates and temporary transport plates on certain vehicles
Notwithstanding the provisions of § 46.2-1952, dealer's license plates or dealer's temporary transport plates may be used on vehicles being transported (i) to or from ...

46.2-1954 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 § 46.2-1948, may provide for the ...

46.2-1955 Use of dealer's license plates and temporary transport plates on certain vehicles traveling from on...
Notwithstanding the provisions of § 46.2-1952, dealer's license plates or temporary transport plates may be used on T&M vehicles for the purpose of delivering these ...

46.2-1956 Use of dealer's license plates on newly purchased vehicles
Notwithstanding the provisions of § 46.2-1952, any dealer who sells and delivers to a purchaser a T&M vehicle at a time when the main offices ...

46.2-1957 Operation without license plate prohibited
No manufacturer or distributor of or dealer in T&M vehicles shall cause or permit any T&M vehicle, owned by him to be operated or moved ...

46.2-1958 Movement by manufacturer to place of shipment or delivery
Any manufacturer of T&M vehicles may operate or move or cause to be moved or operated on the highways for a distance of no more ...

46.2-1959 Movement by dealers to salesrooms
Any dealer in T&M vehicles may operate or move, or cause to be operated or moved, any T&M vehicle on the highways for a distance ...

46.2-1960 Operation under foreign dealer's license
It shall be unlawful, except as provided for by reciprocal agreement, for any person to operate a T&M vehicle or for the owner thereof to ...

46.2-1961 Description unavailable
Repealed by Acts 1996, cc. 1043 and 1052. ...

46.2-1962 Removal of plates by Department investigators; cancellation; reissuance
If any Department investigator finds that a vehicle bearing license plates or temporary transport plates issued under this article is being operated in a manner ...

46.2-1963 Penalties for violations of article; service of summons
Notwithstanding § 46.2-1907, any person violating any of the provisions of this article shall be guilty of a Class 3 misdemeanor. Any summons issued for ...

46.2-1964 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 ...

46.2-1964.1 Alternative print-on-demand program for issuance of temporary license plates to dealers and vehicl...
A. Notwithstanding the provisions of § 46.2-1964, the Department may develop and implement procedures and requirements necessary for delivery of temporary license plates to dealers ...

46.2-1965 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 ...

46.2-1966 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 ...

46.2-1967 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 ...

46.2-1968 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 ...

46.2-1969 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, ...

46.2-1970 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 ...

46.2-1971 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 ...

46.2-1972 Penalties
Any person violating any of the provisions of this article shall be guilty of a Class 1 misdemeanor. (1995, cc. 767, 816.) ...

46.2-1973 Filing of franchises
Each T&M vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof shall file with the Commissioner a true copy of each new, amended, modified, ...

46.2-1974 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 ...

46.2-1975 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 ...

46.2-1976 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 ...

46.2-1977 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 ...

46.2-1978 Discontinuation of distributors
If the contract between a distributor and a manufacturer or importer is terminated or otherwise discontinued, all franchises granted to T&M vehicle dealers in Virginia ...

46.2-1979 Warranty obligations
A. Each T&M vehicle manufacturer, factory branch, distributor, or distributor branch shall (i) specify in writing to each of its T&M vehicle dealers licensed in ...

46.2-1980 Operation of dealership by manufacturer
It shall be unlawful for any T&M vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof, to own, operate, or control any T&M vehicle ...

46.2-1981 Ownership of service facilities
It shall be unlawful for any T&M vehicle manufacturer, factory branch, distributor, distributor branch, or subsidiary thereof, to own, operate, or control, either directly or ...

46.2-1982 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 ...

46.2-1983 Late model and factory repurchase franchises
Franchised late model or factory repurchase T&M vehicle dealers shall have the same rights and obligations as provided for franchised new T&M vehicle dealers in ...

46.2-1984 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 ...

46.2-1985 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 ...

46.2-1986 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 ...

46.2-1987 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 ...

46.2-1988 Appeals to Court of Appeals
Either party may appeal from the decision of the court under § 46.2-1987 to the Court of Appeals. These appeals shall be taken and prosecuted ...

46.2-1989 Equitable remedies not impaired
The remedy at law provided by §§ 46.2-1987 and 46.2-1988 shall not in any manner impair the right to applicable equitable relief. That right to ...

46.2-1990 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 ...

46.2-1991 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 ...