North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0200 - MOTOR VEHICLE DEALER, SALES, DISTRIBUTOR AND FACTORY REPRESENTATIVE LICENSE › Section 03D .0234 - TYPE I OR SERIOUS VIOLATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division of Motor Vehicles shall apply the Civil
					 Penalty Schedule for Type I Violations against a licensed automobile dealer for
					 any of the following:
(1) Failing to
				  deliver manufacturer's certificate at time of transfer as required in
				  G.S.
				  20-52.1;
(2) Failing to deliver certificate of title
				  at time of transfer as required in
				  G.S.
				  20-75;
(3) Altering or forging certificate of title,
				  registration card, or application as addressed in
				  G.S.
				  20-71;
(4) Reproducing or possessing blank
				  certificate of title;
(5) Failing
				  to disclose damage to a vehicle as addressed in
				  G.S.
				  20-71.4;
(6) Knowingly making false statements about
				  the date a vehicle was sold or acquired as addressed in
				  G.S.
				  20-74;
(7) Receiving or transferring stolen vehicles
				  as addressed in
				  G.S.
				  20-106;
(8) Injuring or tampering with vehicle as
				  addressed in
				  G.S.
				  20-107;
(9) Buying, receiving, disposing of, selling,
				  offering for sale, concealing, or possessing vehicles or component parts with
				  manufacturer's numbers as addressed in
				  G.S.
				  20-108;
(10) Altering or changing engine or other
				  numbers as addressed in
				  G.S.
				  20-109;
(11) Making material misstatement in
				  application for a license as addressed in
				  G.S.
				  20-294(1);
(12) Making material misstatement in
				  application for dealer license plate as addressed in
				  G.S.
				  20-294(12);
(13) Failing to maintain established
				  salesroom or established office as required in
				  G.S.
				  20-294(3);
(14) Defrauding retail buyer or any other
				  person with whom business is conducted in a manner which damages the buyer as
				  addressed in
				  G.S.
				  20-294(4);
(15) Employing fraudulent devices, methods or
				  practices in connection with the laws of this State regarding the retaking or
				  repossessing motor vehicles under retail installment contracts and resale of
				  such vehicles as addressed in
				  G.S.
				  20-294(5);
(16) Using unfair methods of competition or
				  unfair deceptive acts or practices as addressed in
				  G.S.
				  20-294(6);
(17) Knowingly advertising by any means, any
				  untrue assertion or representation or statement of fact which is misleading or
				  deceptive in any particular relating to the conduct of business licensed or for
				  which a license is sought as addressed in
				  G.S.
				  20-294(7);
(18) Knowingly advertising a used motor
				  vehicle for sale as a new motor vehicle as addressed in
				  G.S.
				  20-294(8);
(19) Being convicted of an offense set forth
				  under G.S. 20l-106,
				  G.S.
				  20-106.1,
				  G.S.
				  20-107, or
				  G.S.
				  20-112 while holding such a license or within
				  five years prior to the date of filing the application as addressed in
				  G.S.
				  20-294(9);
(20) Being convicted of a felony involving
				  moral turpitude under the laws of this state, another state, or the United
				  States as addressed in
				  G.S.
				  20-294(9);
(21) Submitting a bad check to the Division
				  of Motor Vehicles in payment of highway use taxes collected as addressed in
				  G.S.
				  20-294(10);
(22) Knowingly giving an incorrect
				  certificate of title, or failing to give a certificate of title to a purchaser,
				  a lienholder, or the Division after a vehicle is sold as required in
				  G.S.
				  20-294(11);
(23) Coercing or offering anything of value
				  to any purchaser of a motor vehicle to provide any type of insurance coverage
				  on said motor vehicle or accepting any policy as collateral on any vehicle sold
				  to secure an interest in such vehicle in any company not qualified under the
				  insurance laws of this state as addressed in
				  G.S.
				  20-298;
(24) Failing to provide and deliver to buyer
				  a written installment statement describing clearly the motor vehicle sold, the
				  cash sale price thereof, the cash paid down by the buyer, the amount credited
				  the buyer for any trade-in and a description of the motor vehicle traded, the
				  amount of the finance charge, the amount of any other charge specifying its
				  purpose, the net balance due from the buyer, the terms of the payment of such
				  net balance and a summary of any insurance protected to be effected as
				  addressed in
				  G.S.
				  20-303; and
(25) Violating any statute included in or
				  related to Article 15 of the Vehicle Mileage Act as addressed in
				  G.S.
				  20-340 through
				  G.S.
				  20-350.
Authority
					 G.S.
					 20-39;
					 20-287;
Eff. August 1,
					 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 22,
					 2018.