reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1503. Motor Vehicle Dealer Board

A. The Motor Vehicle Dealer Board is hereby created. The Board shall consist of 19 members appointed by the Governor, subject to confirmation by the General Assembly. Every member appointed by the Governor shall be a citizen of the United States and a resident of Virginia. The Governor may remove any member as provided in subsection A of § 2.2-108. The members shall be at-large members and, insofar as practical, should reflect fair and equitable statewide representation.
B. Ten members shall be licensed franchised motor vehicle dealers who have been licensed as such for at least two years prior to being appointed by the Governor and seven members shall be licensed independent motor vehicle dealers who (i) have been licensed as such for at least two years prior to being appointed by the Governor and (ii) are not also franchised motor vehicle dealers. One of the franchised dealers appointed to the Board shall be a licensed franchised motorcycle dealer who is primarily engaged in the sale of new motorcycles. One of the independent dealers appointed to the Board shall be a licensed independent motorcycle dealer, and one shall be a licensed independent dealer who is also an independent trailer or recreational vehicle dealer or engaged in the rental vehicle business. One member shall be an individual who has no direct or indirect interest, other than as a consumer, in or relating to the motor vehicle industry.
C. Appointments shall be for terms of four years, and no person other than the Commissioner or his designee shall be eligible to serve more than two successive four-year terms. The Commissioner shall serve as chairman of the Board. Vacancies shall be filled by appointment by the Governor for the unexpired term and shall be effective until 30 days after the next meeting of the ensuing General Assembly and, if confirmed, thereafter for the remainder of the term. Any person appointed to fill a vacancy may serve two additional successive terms.
D. The Commissioner or his designee shall be an ex officio voting member of the Board.
E. Members of the Board shall be reimbursed their actual and necessary expenses incurred in carrying out their duties, such reimbursement to be paid from the special fund referred to in § 46.2-1520.
1988, c. 865, § 46.1-517.2; 1989, c. 727; 1992, c. 95; 1995, cc. 767, 816; 2011, c. 791; 2014, c. 695; 2015, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1503.1. Board to employ Executive Director

The Board shall employ an executive director who shall serve at the pleasure of the Board. He shall direct the affairs of the Board and keep records of all proceedings, transactions, communications, and official acts of the Board. He shall be custodian of all records of the Board and perform such duties as the Board may require. The Executive Director shall call a meeting of the Board at the direction of the chairman or upon written request of three or more Board members. The Executive Director, with approval of the Board, may employ such additional staff as needed. The annual salary of the Executive Director shall be at Level II of the Executive Compensation Plan contained in the Appropriation Act.
1995, cc. 767, 816.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1503.2. State Personnel and Public Procurement Acts not applicable

A. The Executive Director and all staff employed by the Board shall be exempt from the Virginia Personnel Act (§ 2.2-2900 et seq.) of Title 2.2. Personnel actions under this exemption shall be taken without regard to race, sex, sexual orientation, gender identity, color, national origin, religion, age, disability, or political affiliation.
B. The Board and the Executive Director shall be exempt from the Virginia Public Procurement Act (§ 2.2-4300 et seq.) of Title 2.2.
1995, cc. 767, 816; 2020, c. 1137; 2023, cc. 148, 149.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1503.3. Motor Vehicle Dealer Board Fund; receipts; disbursements

The Motor Vehicle Dealer Board Fund is established as a special fund in the state treasury. Except as otherwise provided in this chapter, all fees collected as provided in this chapter and by regulations promulgated by the Board, shall be paid into the state treasury immediately upon collection and credited to the Motor Vehicle Dealer Board Fund. Any interest income shall accrue to the Motor Vehicle Dealer Board Fund. All disbursements from the Fund shall be made by the State Treasurer upon warrants of the Comptroller issued upon vouchers signed by an authorized officer of the Board or the Executive Director as authorized by the Board.
1995, cc. 767, 816; 1998, c. 325.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1503.4. General powers and duties of Board

The powers and duties of the Board shall include, but not be limited to the following:
1. To establish the qualifications of applicants for certification or licensure, provided that all qualifications shall be necessary to ensure competence and integrity.
2. To examine, or cause to be examined, the qualifications of each applicant for certification or licensure, including the preparation, administration and grading of examinations.
3. To certify or license qualified applicants as motor vehicle dealers and motor vehicle salespersons.
4. To levy and collect fees for certification or licensure and renewal that are sufficient to cover all expenses for the administration and operation of the Board.
5. To levy on licensees special assessments necessary to cover expenses of the Board.
6. To revoke, suspend, or fail to renew a certificate or license for just cause as set out in Articles 2 (§ 46.2-1508 et seq.), 3.1 (§ 46.2-1527.1 et seq.), 4 (§ 46.2-1528 et seq.), 8 (§ 46.2-1574 et seq.), and 9 (§ 46.2-1581 et seq.) of this chapter or enumerated in regulations promulgated by the Board.
7. To ensure that inspections are conducted relating to the motor vehicle sales industry and to ensure that all licensed dealers and salespersons are conducting business in a professional manner, not in violation of any provision of Articles 2 (§ 46.2-1508 et seq.), 3.1 (§ 46.2-1527.1 et seq.), 4 (§ 46.2-1528 et seq.), 7 (§ 46.2-1566 et seq.), 8 (§ 46.2-1574 et seq.), and 9 (§ 46.2-1581 et seq.) of this chapter and within the lawful regulations promulgated by the Board.
8. To receive complaints concerning the conduct of persons and businesses licensed by the Board and to take appropriate disciplinary action if warranted.
9. To enter into contracts necessary or convenient for carrying out the provisions of this chapter or the functions of the Board.
10. To establish committees of the Board, appoint persons to such committees, and to promulgate regulations establishing the responsibilities of these committees. Each of these committees shall include at least one Board member and the Advertising, Dealer Practices and Transaction Recovery Fund committees shall include at least one citizen member who is not licensed or certified by the Board. The Board may establish one of each committee in each DMV District. Committees to be established shall include, but not be limited to the following:
a. Advertising;
b. Licensing;
c. Dealer Practices;
d. Franchise Review and Advisory Committee; and
e. Transaction Recovery Fund.
11. To do all things necessary and convenient for carrying into effect Articles 2, 3.1, 4, 8 and 9 of this chapter or as enumerated in regulations promulgated by the Board.
1995, cc. 767, 816; 2020, c. 706.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1503.5. Biennial report

The Board shall submit a biennial report to the Governor and General Assembly on or before November 1 of each even-numbered year. The biennial report shall contain, at a minimum, the following information: (i) a summary of the Board's fiscal affairs, (ii) a description of the Board's activities, (iii) statistical information regarding the administrative hearings and decisions of the Board, and (iv) a general summary of all complaints received against licensees and the procedures used to resolve the complaints.
1995, cc. 767, 816; 2004, c. 650.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1504. Board's powers with respect to hearings under this chapter

The Board may, in hearings arising under this chapter, except as provided for in Articles 7 (§ 46.2-1566 et seq.), 7.2 (§ 46.2-1573.2 et seq.), 7.3 (§ 46.2-1573.13 et seq.), and 7.4 (§ 46.2-1573.25 et seq.), determine the place in the Commonwealth where they shall be held; subpoena witnesses; take depositions of witnesses residing outside the Commonwealth in the manner provided for in civil actions in courts of record; pay these witnesses the fees and mileage for their attendance as is provided for witnesses in civil actions in courts of record; and administer oaths.
Code 1950, § 46-505; 1958, c. 541, § 46.1-518; 1989, c. 727; 1995, cc. 767, 816; 2015, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1505. Suit to enjoin violations

A. The Board, whenever it believes from evidence submitted to the Board that any person has been violating, is violating, or is about to violate any provision of this chapter, in addition to any other remedy, may bring an action in the name of the Commonwealth to enjoin any violation of this chapter.
B. Any manufacturer, factory branch, distributor, distributor branch, or factory or distributor representative who obtains a license under this chapter is engaged in business in the Commonwealth and is subject to the jurisdiction of the courts of the Commonwealth. Any manufacturer, factory branch, distributor, distributor branch, or factory or distributor representative of motorcycles of a recognized line-make that are sold or leased in the Commonwealth pursuant to a plan, system, or channel of distribution established, approved, authorized, or known to the manufacturer shall be subject to the jurisdiction of the courts of the Commonwealth in any action seeking relief under or to enforce any of the remedies or penalties provided for in this chapter.
Code 1950, § 46-506; 1958, c. 541, § 46.1-519; 1989, c. 727; 1995, cc. 767, 816; 2015, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1506. Regulations

The Board may promulgate regulations requiring persons licensed under this chapter to keep and maintain records reasonably required for the enforcement of §§ 46.2-112 and 46.2-629, and any other regulations, not inconsistent with the provisions of this chapter, as it shall consider necessary for the effective administration and enforcement of this chapter. A copy of any regulation promulgated under this section shall be mailed to each motor vehicle dealer licensee thirty days prior to its effective date.
Code 1950, § 46-507; 1958, c. 541, § 46.1-520; 1986, c. 490; 1988, c. 865; 1989, c. 727; 1995, cc. 767, 816.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1507. Penalties

Except as otherwise provided in this chapter, any person violating any of the provisions of this chapter may be assessed a civil penalty by the Board. No such civil penalty shall exceed $1,000 for any single violation. Civil penalties collected under this chapter shall be deposited in the Commonwealth Transportation Fund established pursuant to § 33.2-1524.
Code 1950, § 46-509; 1958, c. 541, § 46.1-522; 1988, c. 865; 1989, c. 727; 1995, cc. 767, 816; 2020, cc. 1230, 1275.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1508.1. Licensure of certain nonprofit organizations

A. Any nonprofit organization exempt from taxation under § 501(c) (3) of the Internal Revenue Code that (i) receives title to motor vehicles as qualified charitable gifts to the organization, (ii) provides no more than twelve of these donated vehicles in any twelve-month period to low-income persons, as defined in § 2.2-5400, in need of transportation, and (iii) receives from the recipients of the vehicles only reimbursement for the costs of repairs, towing, titles, taxes, license fees and inspection fees shall be required to obtain a dealer's license. However, such nonprofit organization shall be exempt from the requirements of § 46.2-1510, Article 3.1 (§ 46.2-1527.1 et seq.) of Chapter 15 of this title, §§ 46.2-1533, and 46.2-1534. Transactions of such nonprofit organization shall not be subject to recovery from the Motor Vehicle Transaction Recovery Fund.
B. Upon application to and approval by the Board, any nonprofit organization exempt from taxation under § 501(c) (3) of the Internal Revenue Code may be issued a nonprofit organization certificate authorizing it to consign donated motor vehicles to licensed Virginia motor vehicle dealers when the nonprofit organization receives title to such motor vehicles as qualified charitable gifts and titles the vehicles in the name of the nonprofit organization.
1998, c. 393; 2000, c. 180.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1509. Application for license or certificate of dealer registration

Application for license or certificate of dealer registration under this chapter shall be made to the Board and contain such information as the Board shall require. Such information shall include whether the applicant will be seeking a license to sell cars, trucks, motorcycles, recreational vehicles, or trailers and whether such vehicles will be new or used. The Board shall maintain a record of this information and place the appropriate endorsement on any license issued under this chapter. The application shall be accompanied by the fee as required by the Board.
The Board shall also require, in the application or otherwise, information relating to the matters set forth in § 46.2-1575 as grounds for refusing licenses, certificates of dealer registration, and to other pertinent matters requisite for the safeguarding of the public interest, including, if the applicant is a dealer in new motor vehicles with factory warranties, a copy of a current service agreement with the manufacturer or with the distributor, requiring the applicant to perform within a reasonable distance of his established place of business, the service, repair, and replacement work required of the manufacturer or distributor by such vehicle warranty. All of these matters shall be considered by the Board in determining the fitness of the applicant to engage in the business for which he seeks a license or certificate of dealer registration.
Code 1950, § 46-514; 1958, c. 541, § 46.1-525; 1974, c. 189; 1976, c. 362; 1988, c. 865; 1989, c. 727; 1995, cc. 767, 816; 2015, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1510. Dealers required to have established place of business

No license shall be issued to any motor vehicle dealer unless he has an established place of business, owned or leased by him, where a substantial portion of the sales activity of the business is routinely conducted and which:
1. Satisfies all local zoning regulations;
2. Has sales, service, and office space devoted exclusively to the dealership of at least 250 square feet in a permanent, enclosed building not used as a residence;
3. Houses all records the dealer is required to maintain by § 46.2-1529;
4. Is equipped with a desk, chairs, filing space, a working telephone listed in the name of the dealership, working utilities including electricity and provisions for space heating, and an Internet connection and email address;
5. Displays a sign and business hours as required by this chapter; and
6. Has contiguous space designated for the exclusive use of the dealer adequate to permit the display of at least 10 vehicles.
Any dealer licensed on or before July 1, 1995, shall be considered in compliance with subdivisions 2 and 6 of this section for that licensee.
1988, c. 865, § 46.1-525.01; 1989, c. 727; 1995, cc. 767, 816; 1998, c. 418; 2011, c. 791; 2015, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1511. Dealer-operator to have certificate of qualification

A. No license shall be issued to any franchised motor vehicle dealer or any independent motor vehicle dealer owned by a franchised motor vehicle dealer or its dealer-operator and operated by the dealer-operator of a franchised motor vehicle dealer unless the dealer-operator holds a valid certificate of qualification issued by the Board. Such certificate shall be issued only on application to the Board, payment of an application fee of no more than $50 as determined by the Board, the successful completion of an examination prepared and administered by the Board, and other prerequisites as set forth in this subsection. However, any individual who is the dealer-operator of a licensed dealer on July 1, 1995, shall be entitled to such a certificate without examination on application to the Board made on or before January 1, 1996.
The Board may establish minimum qualifications for applicants and require applicants to satisfactorily complete courses of study or other prerequisites prior to taking the examination.
B. No license shall be issued to any independent motor vehicle dealer, except as permitted in subsection A, unless the dealer-operator holds a valid certificate of qualification issued by the Board. Such certificate shall be issued only on application to the Board, payment of an application fee of no more than $50, as determined by the Board, the successful completion of an examination approved by the Board, and other prerequisites as set forth in this subsection. The Board may establish minimum qualifications for applicants and shall require applicants for an original independent dealer-operator certificate of qualification to be issued pursuant to this subsection to satisfactorily complete a course of study prior to taking the examination. The Board shall develop the course curriculum and set course fees and may approve qualified persons to prepare and present such courses and to administer the examination. This subsection shall not be subject to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
1988, c. 865, § 46.1-525.02; 1989, c. 727; 1995, cc. 767, 816; 2005, c. 321; 2015, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1512. Salesperson to have certificate of qualification

No license shall be issued to any motor vehicle salesperson unless he holds a valid certificate of qualification issued by the Board. A certificate shall be issued only on application to the Board, payment of the required application fee of no more than $50 as determined by the Board, the successful completion of an examination prepared and administered by the Board, and other prerequisites as set forth in this section. Any individual who is licensed as a salesperson on July 1, 1995, shall be entitled to such a certificate without examination on application to the Board made on or before January 1, 1996.
The Board may establish minimum qualifications for applicants and require applicants to satisfactorily complete courses of study or other prerequisites prior to taking the examination.
1988, c. 865, § 46.1-525.03; 1989, c. 727; 1995, cc. 767, 816; 2015, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1513. Continued operation on loss of a dealer-operator holding certificate of qualification

Each dealer shall notify the Board in writing immediately when a dealer-operator who holds a certificate of qualification dies, becomes disabled, retires, is removed, or for any other cause ceases to act as dealer-operator. The dealer may continue to operate for 120 days thereafter without a dealer-operator and may be granted approval by the Board to operate for an additional 60 days on application and good cause shown for such delay.
1988, c. 865, § 46.1-525.04; 1989, c. 727; 1995, cc. 767, 816.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1514. Action on applications; hearing on denial; denial for failure to have established place of business

The Board shall act on all applications for a license or certificate of dealer registration under this chapter within sixty days after receipt by either granting or refusing the application. Any applicant denied a license or certificate shall, on his written request filed within thirty days, be given a hearing at a time and place determined by the Board or a person designated by the Board. All hearings under this section shall be public and shall be held promptly. The applicant may be represented by counsel.
Any applicant denied a license for failure to have an established place of business as provided in § 46.2-1510 may not, nor shall anyone, apply for a license for premises for which a license was denied for thirty days from the date of the rejection of the application.
1988, c. 865, § 46.1-525.05; 1989, c. 727; 1995, cc. 767, 816.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1515. Location to be specified; display of license; change of location

The licenses of motor vehicle dealers, manufacturers, factory branches, distributors, and distributor branches shall specify the location of each place of business, branch, or other location occupied or to be occupied by the licensee in conducting his business, and the license issued therefor shall be conspicuously displayed at each of the premises. In the event any licensee intends to change a licensed location, he shall provide the Department, or in the case of motor vehicle dealers, the Board, 30 days' advance written notice and a successful inspection of the new location shall be required prior to approval of a change of location. The Department or Board shall endorse the change of location on the license, without charge, if the new location is within the same county or city. A change in location to another county or city shall require a new license and fee.
1988, c. 865, § 46.1-525.06; 1989, c. 727; 1995, cc. 767, 816; 2015, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1517. Changes in form of ownership, 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 or deletion of a franchise or change in the name of a dealer shall require immediate notification to the Department and the Board, and the Board shall endorse the change on the license without a fee. The change of an officer or director of a corporation shall be made at the time of license renewal.
1988, c. 865, § 46.1-525.08; 1989, c. 727; 1995, cc. 767, 816.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1518. 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 post and maintain in a place conspicuous to the public a list of salespersons employed.
Each salesperson, factory representative, and distributor representative shall carry his license when engaged in his business and shall display it on request.
Each dealer shall notify the Board in writing not later than the tenth day following the month of the termination of any licensed salesperson's employment. In lieu of written notification, the license of the terminated salesperson may be returned to the Board annotated "terminated" on the face of the license and signed and dated by the dealer-operator, owner, or officer.
1988, c. 865, § 46.1-525.09; 1989, c. 727; 1995, cc. 767, 816; 2015, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1519. 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 determined by the Board, subject to the following:
1. For motor vehicle dealers, not more than $300 for each principal place of business, plus not more than $40 for each supplemental license.
2. For motor vehicle salespersons, not more than $50.
3. For motor vehicle dealers licensed in other states, but not in the Commonwealth, who sell motor vehicles at wholesale auctions, not more than $100.
4. For manufactured home dealers, not more than $100.
5. For watercraft trailer dealers, not more than $100.
The determination of fees by the Board under this subsection shall not be subject to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
B. The licenses, registrations, and fees required by this chapter are in addition to licenses, taxes, and fees imposed by other provisions of law and nothing contained in this chapter shall exempt any person from any license, tax, or fee imposed by any other provision of law.
C. The fee for issuance to a nonprofit organization of a certificate pursuant to subsection B of § 46.2-1508.1 shall be $25 per year or any part thereof.
D. No nonprofit organization granted a certificate pursuant to subsection B of § 46.2-1508.1 shall, either orally or in writing, assign a value to any donated vehicle for the purpose of establishing tax deduction amounts on any federal or state income tax return.
E. The Board may authorize discounts and other incentives to encourage licensees to conduct transactions with the Board (i) by means of electronic technologies and (ii) for multi-year periods.
F. The fee for reprinting licenses, certificates, and registrations shall be $10 for each reprint.
G. The fee for reinstating a license, certificate, or registration that has been suspended shall be $50.
H. The fee for each license and registration year or part thereof for each motor vehicle manufacturer, factory branch, distributor, and distributor branch shall be $100 and shall be paid to the Department.
1988, c. 865, § 46.1-525.010; 1989, c. 727; 1992, c. 148; 1993, c. 122; 1995, cc. 767, 816; 2000, c. 180; 2001, c. 23; 2011, c. 791; 2014, c. 695; 2015, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1520. Collection of license and registration fees; payments from fund

All licensing and registration fees provided for in this chapter, except as identified in Article 3.1 (§ 46.2-1527.1 et seq.) of this chapter shall be collected by the Board and paid into the state treasury and set aside as a special fund to meet the expenses of the Board.
1988, c. 865, § 46.1-525.011; 1989, c. 727; 1995, cc. 767, 816.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1527.3. Recovery from Fund, generally

Except as otherwise provided in this chapter, whenever any person is awarded a final judgment in a court of competent jurisdiction in the Commonwealth for (i) any loss or damage in connection with the purchase or lease of a motor vehicle by reason of any fraud practiced on him or fraudulent representation made to him by a licensed or registered motor vehicle dealer participating in the Motor Vehicle Transaction Recovery Fund or one of a dealer's salespersons acting for the dealer or within the scope of his employment or (ii) any loss or damage by reason of the violation by a dealer or salesperson participating in the Motor Vehicle Transaction Recovery Fund of any of the provisions of this chapter, the judgment creditor may file a verified claim with the Board, requesting payment from the Fund of the amount unpaid on the judgment subject to the following conditions:
1. The claim shall be filed with the Board no sooner than 30 days and no later than 12 months after the judgment becomes final along with the evidence of compliance with subdivision 3 below.
2. The Board shall consider for payment claims submitted by retail purchasers of motor vehicles, and for purchases of motor vehicles by licensed or registered motor vehicle dealers who contribute to the Fund. The Board shall also consider for payment claims submitted by lessees of motor vehicles leased from licensed or registered motor vehicle dealers who contribute to the Fund.
3. If the final judgment from a court of competent jurisdiction includes, as part of the judgment, an award of attorney fees and court costs, the Fund may include those in its payment of the claim if (i) the claimant had previously submitted to the trial court a detailed and itemized affidavit by counsel for the judgment creditor seeking such fees and costs, including a breakdown of the hours worked and the subject matter of those hours; (ii) said itemized affidavit formed the basis of the court's award of such fees; and (iii) a copy of such affidavit is provided to the Board with the judgment creditor's claim. If the award of attorney fees and costs by the trial court was not based on a detailed and itemized affidavit from counsel for the judgment creditor with a breakdown of the hours worked, then the Board may review and limit any claim for attorney fees to those attorney fees directly attributable to that portion of the final judgment that is determined to be a compensable claim by the Board against the Fund, and the Board may require a detailed itemization from counsel before considering such claim for attorney fees.
1994, c. 478; 1995, cc. 767, 816; 1998, c. 325; 2003, c. 331; 2007, c. 826; 2015, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1527.4. Opportunity to intervene

Any action instituted by a person against a licensed or registered dealer or a salesperson, which may become a claim against the Fund, shall be served to the Board in the manner prescribed by law. All subsequent pleadings and documents shall also be served to the Board. Included in such service shall be an affidavit stating all acts constituting fraud or violations of this chapter. Upon service of process, the Board, or duly authorized representative, shall have the right to request leave of the court to intervene. The person shall submit such pleadings or documents to the Board by certified mail or the equivalent.
1994, c. 478; 1995, cc. 767, 816.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1527.6. Assignment of claimant's rights to the Board; payment of claims

Subject to the provisions of this article and on the claimant's execution and delivery to the Board of an assignment to the Board of his rights against the licensee or registrant, to the extent he received satisfaction from the Fund, the Board shall pay the claimant from the Fund the amount of the unpaid final judgment.
1994, c. 478; 1995, cc. 767, 816.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1527.7. Revocation of license or certificate of registration on payment from the Fund

On payment by the Board to a claimant from the Fund as provided in this article, the Board shall immediately notify the licensee or registrant in writing of the Board's payment to the claimant and request full reimbursement be made to the Board within thirty days of the notification. Failure to reimburse the Board in full within the specified period shall cause the Board to immediately revoke the license or certificate of the dealer or the license of a salesperson whose fraud, fraudulent representation, or violation of this chapter resulted in this payment. Any person whose license or certificate is revoked shall not be eligible to apply for a license or certificate as a motor vehicle dealer or a license as a salesperson until the person has repaid in full the amount paid from the Fund on his account, plus interest at the rate of eight percent per year from the date of payment.
1994, c. 478; 1995, cc. 767, 816.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1527.8. No waiver by the Board of disciplinary action against licensee or registrant

Nothing contained in this article shall limit the authority of the Board to take disciplinary action against any licensee or registrant for any violation of this chapter or any regulation promulgated thereunder, nor shall full repayment of the amount paid from the Fund on a licensee's or registrant's account nullify or modify the effect of any disciplinary action against that licensee or registrant for any violation.
1994, c. 478; 1995, cc. 767, 816.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1527.9. Continuous bonding requirements for Fund nonparticipants

Applicants for a renewal of a motor vehicle dealer's license may elect to obtain and continuously maintain a bond in the amount of $100,000 in lieu of participation in the Motor Vehicle Transaction Recovery Fund, provided that such applicants have not been the subject of a claim against a bond issued pursuant to § 46.2-1527.2, or against the Fund for three consecutive years. The bond shall come from a corporate surety licensed to do business in the Commonwealth and approved by the Attorney General and shall be filed with the Board. The bond shall be conditioned on a statement by the applicant that the applicant will not practice fraud, make any fraudulent representation, or violate any provision of this chapter in the conduct of the applicant's business. In those cases in which the surety of a dealer electing continuous bonding under this section shall be liable pursuant to this section, the maximum liability to one claimant against the surety by reason of a claim involving a single transaction shall be limited to $20,000 regardless of the amount of the claim by one claimant, and the aggregate liability of the dealer's surety to any and all persons, regardless of the number of claims made against the bond or the number of years the bond remains in effect shall in no event exceed $100,000.
An applicant for a renewal of a motor vehicle dealer's license who is a member of a nonprofit organization established under 26 U.S.C. § 501(c) (6) that provides on behalf of its membership a blanket or umbrella bond in the amount of $1 million satisfies the bonding requirements of this section. When posted, a blanket or umbrella bond shall be considered a dealer bond for the purposes of § 46.2-1527.10. The bond shall come from a corporate surety licensed to do business in the Commonwealth and approved by the Attorney General and shall be filed with the Board. In those cases in which the nonprofit organization's surety shall be liable pursuant to § 46.2-1527.10, the maximum liability to one claimant against the surety by reason of a claim involving a single transaction shall be limited to $20,000, regardless of the amount of the claim by one claimant, and the aggregate liability of the nonprofit organization's surety to any and all persons for claims against a single dealer shall in no event exceed $100,000. In those cases in which the nonprofit organization's surety shall be liable pursuant to § 46.2-1527.10, the maximum liability to any and all persons, regardless of the number of claims made against the bond or the number of years the bond remains in force shall in no event exceed $1 million.
The Board may, without holding a hearing, suspend the dealer's license during the period that the dealer does not have a sufficient bond on file. Dealers bonded under this article and those salespersons employed by such dealers shall be exempt from the Fund fees specified in § 46.2-1527.1.
2003, c. 331.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1527.10. Recovery on bond

With respect to a motor vehicle dealer electing continuous bonding under § 46.2-1527.9, whenever any person is awarded a final judgment in a court of competent jurisdiction in the Commonwealth against the dealer for (i) any loss or damage in connection with the purchase or lease of a motor vehicle by reason of fraud practiced on him or fraudulent representation made to him by the dealer or one of the dealer's salespersons acting within the scope of his employment, (ii) any loss or damage by reason of the violation by the dealer or salesperson of any provision of this chapter in connection with the purchase or lease of a motor vehicle, or (iii) any loss or damage resulting from a breach of an extended service contract, as defined in § 59.1-435, entered into on or after July 1, 2003, the judgment creditor shall have a claim against the dealer bond for such damages as may be awarded such person in final judgment and unpaid by the dealer, and may recover such unpaid damages up to but not exceeding the maximum liability of the surety as set forth in § 46.2-1527.9 from the surety who shall be subrogated to the rights of such person against the dealer or salesperson. The liability of such surety shall be limited to actual damages and attorney fees assessed against the dealer or salesperson as part of the underlying judgment but this section does not authorize the award of attorney fees in the underlying judgment. The liability of such surety shall not include any sums representing interest or punitive damages assessed against the dealer or salesperson.
The dealer's surety shall notify the Board when a claim is made against a dealer's bond, when a claim is paid, and when the bond is cancelled. Such notification shall include the amount of claim and the circumstances surrounding the claim. Notification of cancellation shall include the effective date and reason for cancellation. The bond may be cancelled as to future liability by the dealer's surety upon 30 days' notice to the Board.
2003, c. 331; 2015, cc. 615, 710.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1527.11. No waiver by the Board of disciplinary action against licensee or registrant

Nothing contained in this article shall limit the authority of the Board to take disciplinary action against any licensee or registrant for any violation of this chapter or any regulation promulgated under this chapter.
2003, c. 331.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1528. Examination or audit of licensee; costs

The Board or authorized representatives of the Board may examine, during the posted business hours, the records required to be maintained by this chapter. If a licensee is found to have violated this chapter or any order of the Board, the actual cost of the examination shall be paid by the licensee so examined within thirty days after demand therefor by the Board. The Board may maintain an action for the recovery of these costs in any court of competent jurisdiction.
1988, c. 865, § 46.1-547.3; 1989, c. 727; 1995, cc. 767, 816.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1529. 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 of taxes; titling, uninsured motor vehicle, and registration fees; odometer disclosure statements; records of permanent dealer registration plates assigned to the dealer and temporary transport plates and temporary certificates of registration; proof of safety inspections performed on vehicles sold at retail; and other records required by the Department or the Board shall be maintained on the premises of the licensed location. The Board may, on written request by a dealer, permit his records to be maintained at a location other than the premises of the licensed location for good cause shown. All dealer records shall be preserved in original form or in film, magnetic, or optical media, including microfilm, microfiche, or other electronic media, for a period of five years in a manner that permits systematic retrieval. Certain records may be maintained on a computerized record-keeping system with the prior approval of the Board.
1988, c. 865, § 46.1-547.4; 1989, c. 727; 1991, c. 712; 1995, cc. 767, 816; 2000, c. 128; 2011, c. 791; 2015, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1529.1. Sales of used motor vehicles by dealers; disclosures; penalty

A. If, in any retail sale by a dealer of a used motor vehicle of under 6,000 pounds gross vehicle weight for use on the public highways, and normally used for personal, family or household use, the dealer offers an express warranty, the dealer shall provide the buyer a written disclosure of this warranty. The written disclosure shall be the Buyer's Guide required by federal law, shall be completely filled out and, in addition, signed and dated by the buyer and incorporated as part of the buyer's order.
B. A dealer may sell a used motor vehicle at retail "AS IS" and exclude all warranties only if the dealer provides the buyer, prior to sale, a separate written disclosure as to the effect of an "AS IS" sale. The written disclosure shall be conspicuous and contained on the front of the buyer's order and printed in not less than bold, 10-point type and signed by the buyer: "I understand that this vehicle is being sold "AS IS' with all faults and is not covered by any dealer warranty. I understand that the dealer is not required to make any repairs after I buy this vehicle. I will have to pay for any repairs this vehicle will need." A fully completed Buyer's Guide, as required by federal law, shall be signed and dated by the buyer and incorporated as part of the buyer's order.
C. Failure to provide the applicable disclosure required by subsection A or B shall be punishable by a civil penalty of no more than $1,000. Any such civil penalty shall be paid into the general fund of the state treasury. Furthermore, if the applicable disclosure required by subsection A or B is not provided as required in this section, the buyer may cancel the sale within 30 days. In this case, the buyer shall have the right to return the vehicle to the dealer and obtain a full refund of all payments made toward the purchase of the vehicle, less any damage to the vehicle incurred while ownership was vested in the purchaser, and less a reasonable amount for the use not to exceed one-half the amount allowed per mile by the Internal Revenue Service, as provided by regulation, revenue procedure, or revenue ruling promulgated pursuant to § 162 of the Internal Revenue Code, for use of a personal vehicle for business purposes. Notice of the provisions of this subsection shall be included as part of every disclosure made under subsection A or B.
D. The provisions of this section shall not apply to motorcycles, trailers, or travel trailers.
1995, c. 849; 2015, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1530.1. Purchaser's on-line systems filing fee; collection and remittance

Any dealer licensed under this chapter who uses a Department-approved system of remote electronic filing of documentation necessary to obtain a certificate of title or registration for the purchaser of a vehicle shall collect from the purchaser and remit to the Department-approved electronic systems provider any fees charged for the transaction by the systems provider. Any such fee shall be listed separately on the buyer's order and identified as "on-line systems filing fee."
2003, c. 997.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1530.2. Dealer's manual transaction fee; use in special fund

Every dealer licensed under this chapter shall pay to the Department a fee of $15 for each manual transaction in excess of 20 transactions per month. For purposes of this section, a "manual transaction" shall be any transaction that is not conducted electronically or at a location run by an agent authorized to act on behalf of the Department pursuant to subsection B of § 46.2-205. Such fee shall be in addition to any fees charged by the Department pursuant to this title for the processing of an application for a new certificate of title or registration of a vehicle. The dealer's manual transaction fee authorized by this section shall not apply to any transaction for which there is no Department-approved remote electronic filing option available. Any dealer who has been charged a dealer's manual transaction fee shall not collect such transaction fee from the purchaser of the vehicle. All fees collected under the provisions of this section shall be paid into the state treasury and set aside as a special fund to meet the expenses of the Department.
2003, c. 997; 2006, c. 536.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1531. Consignment vehicles; contract

Any motor vehicle dealer offering a vehicle for sale on consignment shall have in his possession a consignment contract for the vehicle, executed and signed by the dealer and the consignor. The consignment contract shall include:
1. The complete name, address, and the telephone number of the owners.
2. The name, address, and dealer certificate number of the selling dealer.
3. A complete description of the vehicle on consignment, including the make, model year, vehicle identification number, and body style, except that trailers shall not be subject to the requirement for vehicle identification number or body style.
4. The beginning and termination dates of the contract.
5. The percentage of commission, the amount of the commission, or the net amount the owner is to receive, if the vehicle is sold.
6. Any fees for which the owner is responsible.
7. A disclosure of all unsatisfied liens on the vehicle and the location of the certificate of title to the vehicle.
8. A requirement that the motor vehicle pass a safety inspection prior to sale or, if the motor vehicle is found not to be in compliance with any safety inspection requirement after having been inspected, the dealer shall either take steps to bring it into compliance or furnish any buyer intending to use that vehicle on the public highways a written disclosure, prior to sale, that the vehicle did not pass a safety inspection.
Any dealer offering a vehicle for sale on consignment shall inform any prospective customer that the vehicle is on consignment.
Dealer license plates shall not be used to demonstrate a vehicle on consignment except on (i) motor vehicles with gross vehicle weight of 15,000 pounds or more, excluding RVs, (ii) vehicles on consignment from another licensed motor vehicle dealer, and (iii) vehicles on consignment from a nonprofit organization certified pursuant to subsection B of § 46.2-1508.1. The owner's license plates may be used if liability insurance coverage is in effect in the amounts prescribed by § 46.2-472.
No vehicles except motorcycles shall be sold on consignment by motorcycle dealers.
No vehicles except recreational vehicles shall be sold on consignment by recreational vehicle dealers.
No vehicles other than trailers shall be sold on consignment by trailer dealers.
The provisions of this section shall also apply to watercraft trailers and watercraft trailer dealers.
1988, c. 865, § 46.1-547.6; 1989, cc. 187, 727; 1993, c. 289; 2000, c. 180; 2013, c. 247; 2015, c. 615.
2023 Code of Virginia › Title 46.2 - Motor Vehicles › Chapter 15 - Motor Vehicle Dealers › § 46.2-1532. Odometer disclosure; penalty

Every motor vehicle dealer shall comply with all requirements of the Federal Odometer Act and § 46.2-629 by completing the appropriate odometer mileage statement form for each vehicle purchased, sold or transferred, or in any other way acquired or disposed of. Odometer disclosure statements shall be maintained by the dealer in a manner that permits systematic retrieval. Any person found guilty of violating any of the provisions of this section is guilty of a Class 1 misdemeanor.
The provisions of this section shall not apply to trailers, travel trailers, all-terrain vehicles, or off-road motorcycles.
1988, c. 865, § 46.1-547.7; 1989, c. 727; 1995, cc. 767, 816; 2015, c. 615.