New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 21 - LICENSING SERVICE › Subchapter 15 - NEW JERSEY LICENSED MOTOR VEHICLE DEALERS AND LEASING DEALERS › Section 13:21-15.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following terms, when used in this subchapter, shall have
				  the following meanings, unless the context clearly indicates otherwise:
"Applicant" means any person applying for an initial license
				  to engage in the business of buying, selling, or dealing in motor vehicles,
				  leasing motor vehicles, or for a renewal of an existing license and shall
				  include all partners, officers, directors, and persons having a controlling
				  interest in a sole proprietorship, limited liability company, corporation, or
				  other business entity.
"Authorized signatory" means a dealer or leasing dealer and
				  any employee, officer, director, partner, or other holder of an ownership
				  interest in the licensed business, which person is authorized to execute
				  documents on behalf of the dealer or leasing dealer, but shall not include any
				  attorney in fact who is not an employee, officer, director, partner, or holder
				  of an ownership interest.
"Brokering" means arranging, negotiating, facilitating,
				  acting as an agent in, assisting in, or effectuating the purchase, sale, or
				  lease of a motor vehicle to the general public for a fee.
"Building" means a structure enclosed with exterior walls,
				  built, erected, and framed of component structural parts, designed for the
				  housing, shelter, enclosure, and support of individuals, or property of any
				  kind.
"Business of buying, selling, or dealing in motor vehicles"
				  means engaging in the business of buying or selling motor vehicles on one's own
				  account or on behalf of another, offering or displaying motor vehicles for
				  sale, attempting directly or indirectly to sell, or participating in any
				  transaction, including the brokering or auctioning of motor vehicles, which
				  transaction involves the transfer of title or of legal or beneficial ownership
				  of a motor vehicle. A leasing dealer or an assignee of a leasing dealer whose
				  leasing activities are limited to buying motor vehicles for the purpose of
				  leasing them and selling motor vehicles at the termination of a lease to the
				  lessee shall not be deemed to be engaged in the business of buying, selling, or
				  dealing in motor vehicles.
"Chief Administrator" means the Chief Administrator of the
				  Commission, as defined in this section.
"Commission" means the New Jersey Motor Vehicle
				  Commission.
"Controlling interest" means possessing the authority to
				  bind the applicant or licensee and shall be presumed to be held by corporate
				  officers and directors, partners and all individuals with ownership interests
				  of greater than 10 percent.
"Dealer" or "motor vehicle dealer" means a new car dealer, a
				  used car dealer, or a leasing dealer.
"Electronic" means relating to technology having electrical,
				  digital, magnetic, optical, electromagnetic, or similar capabilities.
"Employee" means a person who works under the direction and
				  control of another, in return for financial or other compensation, and provides
				  services as an agent for the employer.
"Established place of business" means a permanent, properly
				  identified location within the State where the books, records, and files
				  necessary to buy, sell, deal in, or lease motor vehicles are kept and
				  maintained, including, but not limited to, all documents required at
				  N.J.S.A.
				  39:10-6, title papers, manufacturers' or
				  importers' certificates of origin, motor vehicle registration records,
				  contracts, security agreements, all payroll records, including, but not limited
				  to, IRS Form W-2 and IRS Form W-4 records, checkbooks, ledgers for business
				  accounts and trust accounts, corporate authorities and licenses, dealer plates,
				  ledgers listing all issued and unissued dealer assignments, and dealer
				  plates.
"Exterior wall" means a wall, bearing or nonbearing, that is
				  used as an enclosing wall for a building, other than a firewall, and that has a
				  slope of 60 degrees or greater with the horizontal plane.
"Firewall" means a fire-resistance-rated wall having
				  protected openings, which restricts the spread of fire and extends continuously
				  from the foundation to or through the roof, with sufficient structural
				  stability under fire conditions to allow collapse of construction on either
				  side without collapse of the wall, as defined by sections 202 and 706 of the
				  2021 International Building Code, known as the "IBC/2021," as adopted by the
				  New Jersey Department of Community Affairs, as the building subcode of the
				  Uniform Construction Code pursuant to
				  N.J.A.C.
				  5:23-3.14.
"Licensed location" means the established place of business
				  licensed by the Chief Administrator, pursuant to
				  N.J.S.A.
				  39:10-19.
"Licensee" or "licensed dealer" means any person who is
				  licensed to buy, sell, deal in, or lease motor vehicles, pursuant to
				  N.J.S.A.
				  39:10-19 et seq.
"New motor vehicle dealer" means the agent, distributor, or
				  authorized dealer of the manufacturer of a new motor vehicle who has an
				  established place of business and who sells a minimum of four or more new motor
				  vehicles within a 12-month timeframe.
"Online sales" means buying, selling, or dealing in motor
				  vehicles in this State through the Internet using electronic means pursuant to
				  N.J.S.A.
				  39:10-19.5.
"Person" includes natural persons, firms or co-partnerships,
				  corporations, associations, or other artificial bodies, receivers, trustees,
				  common law or statutory assignees, executors, administrators, sheriffs,
				  constables, marshals, or other persons in representative or official capacity,
				  and members, officers, agents, employees, or other representatives of those
				  hereinbefore enumerated.
"Used motor vehicle dealer" means a person engaged in the
				  business of buying, selling, or dealing in four or more used motor vehicles per
				  year at an established place of business, but who is not a licensed new motor
				  vehicle dealer. "Used motor vehicle dealer" includes all leasing dealers who
				  are required to be licensed as used motor vehicle dealers pursuant to
				  N.J.S.A.
				  39:10-19.