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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 24. Transportation and Motor Vehicles |
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Agency 22. Motor Vehicle Dealer Board |
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Chapter 30. Motor Vehicle Dealer Advertising Practices and Enforcement Regulations |
Section 20. Definitions
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Part I
General Provisions
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Act" means Chapter 15 (§ 46.2-1500 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 § 46.2-1576 of the Act and based on one or more of the grounds specified in § 46.2-1575 of the Act.
"Advertisement" means an oral, written, graphic or pictorial statement made in the course of soliciting business, including, without limitation, a statement or representation made in a newspaper, magazine, or other publication, or contained in a notice, sign, poster, display, circular, pamphlet, or letter, or on radio, the Internet, or via an online computer service, or on television. The term does not include an in-person oral communication by a dealer's employee with a prospective customer.
"Advertiser" means same as licensee.
"Board" means the Motor Vehicle Dealer Board of this Commonwealth.
"Civil penalty" means the monetary assessment imposed by the board or the executive director against a licensee not to exceed $1,000 for any single violation of § 46.2-1581 of the Code of Virginia.
"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.
"Executive director" means the Executive Director of the Motor Vehicle Dealer Board of this Commonwealth.
"Internet" means the international network of computer systems commonly known as the "Internet."
"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.
"Manufacturer's factory invoice" or "distributor's invoice" means that document supplied by the manufacturer or the distributor listing the manufacturer's or distributor's charge to the dealer before any deduction for items such as holdback, group advertising, factory incentives or rebates, or any governmental charges.
"New motor vehicle" means the same as defined in § 46.2-1500 of the Code of Virginia.
"Online service" means any information service, system, or access software provider that enables computer access by multiple users to a computer server, including specifically a service or system that provides accesses to the Internet.
"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 for nonpayment; 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.
"Used motor vehicle" means the same as defined in § 46.2-1500 of the Code of Virginia.
Historical Notes
Derived from Volume 13, Issue 08, eff. February 5, 1997; amended, Virginia Register Volume 14, Issue 24, eff. October 1, 1998; Volume 32, Issue 03, eff. December 1, 2015.