Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 22 - MOTOR VEHICLE DEALER BOARD › Chapter 20 - MOTOR VEHICLE DEALER FEES › Section 24VAC22-20-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following 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 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.