Section 20. Definitions

The following words and terms when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Act" means Chapters 19 (§ 46.2-1900 et seq.), 19.1 (§ 46.2-1992 et seq.), and 19.2 (§ 46.2-1993 et seq.) of Title 46.2 of the Code of Virginia.

"Administrative penalties" means the denial, suspension or revocation of a license as allowed in §§ 46.2-1986, 46.2-1992.80, and 46.2-1993.77 of the Act and based on one or more of the grounds specified in §§ 46.2-1985, 46.2-1992.79, and 46.2-1996.76 of the Act.

"Advertiser" means same as licensee.

"Civil penalty" means the monetary assessment imposed by the commissioner against a licensee not to exceed $1,000 for any single violation of §§ 46.2-1900, 46.2-1992.84, and 46.2-1993.81 of the Code of Virginia.

"Commissioner" means the Commissioner of the Department of Motor Vehicles of this Commonwealth.

"Department" means the Department of Motor Vehicles of this Commonwealth.

"Disclaimer" means those words or phrases used to provide a clear understanding or limitation to an advertised statement but not used to contradict or change the meaning of the statement.

"Disclosure" means a statement in clear terms of the dollar amounts, time frames, down payments and other terms which may be needed to provide a full understanding of credit terms, periodic payment, interest rates, time payment plans, etc.

"License" means the document issued to a Virginia motor vehicle dealer and which permits such dealer to engage in the business of buying and selling new and used motor vehicles or used motor vehicles only.

"Licensee" means any person, partnership, association, corporation or entity which is required to be licensed as a motor vehicle dealer in this Commonwealth.

"Line-make marketing group" means an association of motor vehicle dealers franchised to sell and advertise the same line-make of new motor vehicles.

"Motorcycle" means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any vehicle included within the term "farm vehicle" or "moped" as defined in § 46.2-100 of the Code of Virginia.

"Motor vehicle" means a T&M vehicle, trailer, and motorcycle.

"New motor vehicle" means a vehicle which meets all of the following criteria. The new motor vehicle has:

1. Had limited use necessary in moving or road testing the vehicle prior to delivery to a customer;

2. Been transferred by a manufacturer's or distributor's certificate of origin which is the document provided by the manufacturer of a new motor vehicle, or its distributor to its franchised motor vehicle dealer;

3. The manufacturer's or distributor's certification that it conforms to all applicable federal motor vehicle safety and emission standards;

4. Not been previously sold by a dealer except for the purpose of resale and when the exchange is between franchised dealers of the same line-make;

5. Not been used as a rental, driver education, or demonstration motor vehicle; and

6. Not been used for the personal and business transportation of the manufacturer, distributor or dealer or any of their employees.

"Repossessed vehicle" means a vehicle which meets all of the following criteria. It has:

1. Been sold, titled, registered, and taken back from a purchaser; and

2. Not yet been resold to an ultimate user.

"Sale" means there is a significant reduction from the advertiser's usual and customary price of a motor vehicle and the offer is for a limited period of time.

"T&M vehicle" means motor homes and travel trailers as defined in § 46.2-1900 of the Code of Virginia.

"Trailer" means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including semitrailers but not mobile homes, sales of which are regulated under Chapter 4.2 (§ 36-85.16 et seq.) of Title 36 of the Code of Virginia, and not (i) watercraft trailers as defined in this section or (ii) travel trailers as defined in § 46.2-1900 of the Code of Virginia.

"Used motor vehicle" means any vehicle other than a new motor vehicle as defined in this chapter.

Historical Notes

Derived from VR485-60-8901 § 1.2, eff. March 29, 1990; amended, Volume 13, Issue 08, eff. February 5, 1997.

Statutory Authority

§§ 46.2-1991, 46.2-1992.85, and 46.2-1993.82 of the Code of Virginia.