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.
