24VAC22-20 Motor Vehicle Dealer Fees

REGULATIONS

Vol. 30 Iss. 25 - August 11, 2014

TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

MOTOR VEHICLE DEALER BOARD

Chapter 20

Final Regulation

REGISTRAR'S NOTICE: The Motor Vehicle Dealer Board is claiming an exclusion from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Motor Vehicle Dealer Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 24VAC22-20. Motor Vehicle Dealer Fees (amending 24VAC22-20-10, 24VAC22-20-20).

Statutory Authority: §§ 46.2-1503.4, 46.2-1506, 46.2-1519, and 46.2-1546 of the Code of Virginia.

Effective Date: September 10, 2014.

Agency Contact: Bruce Gould, Executive Director, Motor Vehicle Dealer Board, 2201 West Broad Street, Suite 104, Richmond, VA 23220, telephone [phone], FAX [phone], or email [e-mail].

Summary:

Pursuant to Chapter 695 of the 2014 Acts of Assembly, which provides that the Motor Vehicle Dealer Board may administratively set fees rather than by regulation, the amendments remove language regulating fees, except for the fee for dealer license plates.

24VAC22-20-10. Definitions.

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

"Dealer license plates" means license plates bearing a distinctive number, and the name of the Commonwealth, which may be abbreviated, together with the word "dealer" or a distinguishing symbol, indicating that the plate is issued to a manufacturer, distributor, or dealer, and further distinguishes franchised or independent dealers.

"Motor vehicle dealer" or "dealer" means any person who:

1. For commission, money, or other thing of value, buys, sells, exchanges, either outright or on conditional sale, bailment lease, chattel mortgage, or otherwise or arranges or offers or attempts to solicit or negotiate on behalf of others a sale, purchase, or exchange of an interest in new motor vehicles, new and used motor vehicles, or used motor vehicles alone, whether or not the motor vehicles are owned by him;, or the same as provided in § 46.2-1500 of the Code of Virginia;

2. Is wholly or partly engaged in the business of selling new motor vehicles, new and used motor vehicles, or used motor vehicles only, whether or not the motor vehicles are owned by him; or

3. Offers to sell, sells, displays, or permits the display for sale of, five or more motor vehicles within any 12 consecutive months.

The term "motor vehicle dealer" does not include:

1. Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment or order of any court or their employees when engaged in the specific performance of their duties as employees.

2. Public officers, their deputies, assistants, or employees, while performing their official duties.

3. Persons other than business entities primarily engaged in the leasing or renting of motor vehicles to others when selling or offering such vehicles for sale at retail, disposing of motor vehicles acquired for their own use and actually so used, when the vehicles have been so acquired and used in good faith and not for the purpose of avoiding the provisions of Chapter 15 (§ 46.2-1500 et seq.) of Title 46.2 of the Code of Virginia.

4. Persons dealing solely in the sale and distribution of funeral vehicles, including motor vehicles adapted therefor; however, this exemption shall not exempt any person from the provisions of §§ 46.2-1519, 46.2-1520 and 46.2-1548 of the Code of Virginia.

5. Any financial institution chartered or authorized to do business under the laws of the Commonwealth or the United States which that may have received title to a motor vehicle in the normal course of its business by reason of a foreclosure, other taking, repossession, or voluntary reconveyance to that institution occurring as a result of any loan secured by a lien on the vehicle.

6. An employee of an organization arranging for the purchase or lease by the organization of vehicles for use in the organization's business.

7. Any person licensed to sell real estate who sells a mobile home or similar vehicle in conjunction with the sale of the parcel of land on which the mobile home or similar vehicle is located.

8. Any person who permits the operation of a motor vehicle show or permits the display of motor vehicles for sale by any motor vehicle dealer licensed under Chapter 15 (§ 46.2-1500 et seq.) of Title 46.2 of the Code of Virginia.

9. An insurance company authorized to do business in the Commonwealth that sells or disposes of vehicles under a contract with its insured in the regular course of business.

10. Any publication, broadcast, or other communications media when engaged in the business of advertising, but not otherwise arranging for the sale of vehicles owned by others.

11. Any person dealing solely in the sale or lease of vehicles designed exclusively for off-road use.

12. Any credit union authorized to do business in Virginia, provided the credit union does not receive a commission, money, or other thing of value directly from a motor vehicle dealer.

13. Any person licensed as a manufactured home dealer, broker, manufacturer, or salesperson under Chapter 4.2 (§ 36-85.16 et seq.) of Title 36 of the Code of Virginia.

14. The Virginia Department of Social Services or local departments of social services.

"Motor vehicle salesperson" means (i) any person who is hired as an employee by a motor vehicle dealer to sell or exchange motor vehicles and who receives or expects to receive a commission, fee or any other consideration from the dealer; (ii) any person who supervises salespersons employed by a motor vehicle dealer, whether compensated by salary or by commission; (iii) any person, compensated by salary or commission by a motor vehicle dealer, who negotiates with or induces a customer to enter into a security agreement on behalf of a dealer; or (iv) any person who is licensed as a motor vehicle dealer and who sells or exchanges motor vehicles.

"Supplemental license" means a license issued by the Motor Vehicle Dealer Board for a licensed motor vehicle dealer to display for sale or sell vehicles at locations other than his established place of business, subject to compliance with local ordinances and requirements.

24VAC22-20-20. Fees.

A. License fees. All license fees, except initial license fees, are nonrefundable. Annual fees for licenses are as follows:

Motor Vehicle Dealer License	$200
Permanent Supplemental License	$40
Temporary Supplemental License (Valid for 7 days)	$40 (per 7-day license)
Motor Vehicle Dealer Salesperson License	$25

B. Application for certificate of qualification fees. Application fees for certificates of qualification are nonrefundable. The fees, which are due prior to taking the certificate of qualification examination, are as follows:

Dealer-Operator Certificate of Qualification:	$50
Salesperson Certificate of Qualification:	$50
Combined Dealer-Operator and Salesperson Certificates of Qualification:	$50

C. Dealer license plate fees. Fees for dealer license plates are nonrefundable. Annual fees for dealer license plates are as follows:

First two plates	$30 each
Third and subsequent plates	$26

All renewal fees are due to the Motor Vehicle Dealer Board on the last day of the expiration month and shall be considered filed on time if postmarked prior to the expiration date.

VA.R. Doc. No. R14-4069; Filed July 10, 2014, 11:37 a.m.