ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2143
(By Delegate Warner)
[Passed March 13, 1999; in effect ninety days from passage.]
AN ACT to amend and reenact sections one, six, seven, ten and
thirteen, article six, chapter seventeen-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, all relating to motor vehicle dealers; changing the
definition of an established place of business with respect
to motor vehicle dealers; and clarifying the criteria for
issuance of a dealer license and the use of dealer special
license plates.
Be it enacted by the Legislature of West Virginia:
That sections one, six, seven, ten and thirteen, article
six, chapter seventeen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted, all to read as follows:
ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS;
SPECIAL PLATES; TEMPORARY PLATES OR MARKERS, ETC.
§17A-6-1. Definitions.
(a) Unless the context in which used clearly requires a
different meaning, as used in this article:
(1) "New motor vehicle dealer" means every person (other
than agents and employees, if any, while acting within the scope
of their authority or employment), engaged in, or held out to the
public to be engaged in, the business in this state of selling
five or more new motor vehicles or new and used motor vehicles in
any fiscal year of a type required to be registered under the
provisions of this chapter, except, for the purposes of this
article only, motorcycles.
(2) "Used motor vehicle dealer" means every person (other
than agents and employees, if any, while acting within the scope
of their authority or employment), engaged in, or held out to the
public to be engaged in, the business in this state of selling
five or more used motor vehicles in any fiscal year of a type
required to be registered under the provisions of this chapter,
except, for the purposes of this article only, motorcycles.
(3) "House trailer dealer" means every person (other than
agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or held out to the
public to be engaged in, the business in this state of selling
new or used house trailers, or both, or new or used, or both,
house trailers and trailers or new or used, or both, manufactured homes and mobile homes.
(4) "Trailer dealer" means every person (other than agents
and employees, if any, while acting within the scope of their
authority or employment), engaged in, or held out to the public
to be engaged in, the business in this state of selling new or
used trailers.
(5) "Motorcycle dealer" means every person (other than
agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or held out to the
public to be engaged in, the business in this state of selling
new or used motorcycles.
(6) "Used parts dealer" means every person (other than
agents and employees, if any, while acting within the scope of
their authority or employment), engaged in, or held out to the
public to be engaged in, the business in this state of selling
any used appliance, accessory, member, portion or other part of
any vehicle.
(7) "Wrecker/dismantler/rebuilder" means every person
(other than agents and employees, if any, while acting within the
scope of their authority or employment), engaged in, or held out
to the public to be engaged in, the business in this state of
dealing in wrecked or damaged motor vehicles or motor vehicle
parts for the purpose of selling the parts thereof or scrap
therefrom or who is in the business of rebuilding salvage motor vehicles for the purpose of resale to the public.
(8) "New motor vehicles" means all motor vehicles, except
motorcycles and used motor vehicles, of a type required to be
registered under the provisions of this chapter.
(9) "Used motor vehicles" means all motor vehicles, except
motorcycles, of a type required to be registered under the
provisions of this chapter which have been sold and operated, or
which have been registered or titled, in this or any other state
or jurisdiction.
(10) "House trailers" means all trailers designed and used
for human occupancy on a continual nonrecreational basis, but may
not include fold down camping and travel trailers, mobile homes
or manufactured homes.
(11) "Trailers" means all types of trailers other than
house trailers, and shall include, but not be limited to, pole
trailers and semitrailers but excluding recreational vehicles.
(12) "Sales instrument" means any document resulting from
the sale of a vehicle, which shall include, but not be limited
to, a bill of sale, invoice, conditional sales contract, chattel
mortgage, chattel trust deed, security agreement or similar
document.
(13) "Sell", "sale" or "selling," in addition to the
ordinary definitions of the terms, includes offering for sale,
soliciting sales of, negotiating for the sale of, displaying for sale or advertising for sale, any vehicle, whether at retail,
wholesale or at auction. "Selling," in addition to the ordinary
definition of that term, also includes buying and exchanging.
(14) "Applicant" means any person making application for an
original or renewal license certificate under the provisions of
this article.
(15) "Licensee" means any person holding any license
certificate issued under the provisions of this article.
(16) "Predecessor" means the former owner or owners or
operator or operators of any new motor vehicle dealer business or
used motor vehicle dealer business.
(17) "Established place of business" means, in the case of
a new motor vehicle dealer, a permanent location, not a temporary
stand or other temporary quarters, owned or leased by the
licensee or applicant and actually occupied or to be occupied by
him or her, as the case may be, which is or is to be used
exclusively for the purpose of selling new motor vehicles or new
and used motor vehicles, which shall have space under roof for
the display of at least one new motor vehicle and facilities and
space therewith for the servicing and repair of at least one
motor vehicle, which servicing and repair facilities and space is
adequate and suitable to carry out servicing and to make repairs
necessary to keep and carry out all representations, warranties
and agreements made or to be made by the dealer with respect to motor vehicles sold by him or her, which is easily accessible to
the public, which conforms to all applicable laws of this state
and the ordinances of the municipality in which it is located, if
any, which displays thereon at least one permanent sign, clearly
visible from the principal public street or highway nearest the
location and clearly stating the business which is or shall be
conducted thereat, and which has adequate facilities to keep,
maintain and preserve records, papers and documents necessary to
carry on the business and to make the business available to
inspection by the commissioner at all reasonable times:
Provided, That each established place of business shall have a
display area which may be outside or inside or a combination
thereof of at least twelve hundred square feet which is to be
used exclusively for the display of vehicles which are offered
for sale by the dealer, office space of at least one hundred
forty-four square feet and a telephone listed in the name of the
dealership. Each established place of business shall be open to
the public a minimum of twenty hours per week at least forty
weeks per calendar year with at least ten of those hours being
between the hours of nine thirty a.m. and eight thirty p.m.,
Monday through Saturday:
Provided, however, That the requirement
of exclusive use is met even though: (A) Some new and any used
motor vehicles sold or to be sold by the dealer or sold or are to
be sold at a different location or locations not meeting the definition of an established place of business of a new motor
vehicle dealer, if each location is or is to be served by other
facilities and space of the dealer for the servicing and repair
of at least one motor vehicle, adequate and suitable as
aforesaid, and each location used for the sale of some new and
any used motor vehicles otherwise meets the definition of an
established place of business of a used motor vehicle dealer; (B)
house trailers, trailers or motorcycles are sold or are to be
sold thereat, if, subject to the provisions of section five of
this article, a separate license certificate is obtained for each
type of vehicle business, which license certificate remains
unexpired, unsuspended and unrevoked; (C) farm machinery is sold
thereat; (D) accessory, gasoline and oil, or storage departments
are maintained thereat, if the departments are operated for the
purpose of furthering and assisting in the licensed business or
businesses; and (E) the established place of business has an
attached single residential rental unit with an outside separate
entrance and occupied by a person or persons with no financial or
operational interest in the dealership where the established
place of business has space under roof for the display of at
least three new motor vehicles and facilities and space therewith
for the concurrent servicing and repair of at least two motor
vehicles and otherwise meets the requirements set forth in this
subdivision.
(18) "Farm machinery" means all machines and tools used in
the production, harvesting or care of farm products.
(19) "Established place of business," in the case of a used
motor vehicle dealer, means a permanent location, not a temporary
stand or other temporary quarters, owned or leased by the
licensee or applicant and actually occupied or to be occupied by
him or her, as the case may be, which is or is to be used
exclusively for the purpose of selling used motor vehicles, which
shall have facilities and space therewith for the servicing and
repair of at least one motor vehicle, which servicing and repair
facilities and space shall be adequate and suitable to carry out
servicing and to make repairs necessary to keep and carry out all
representations, warranties and agreements made or to be made by
the dealer with respect to used motor vehicles sold by him or
her, which is easily accessible to the public, conforms to all
applicable laws of this state, and the ordinances of the
municipality in which it is located, if any, which displays
thereon at least one permanent sign, clearly visible from the
principal public street or highway nearest the location and
clearly stating the business which is or shall be conducted
thereat, and which has adequate facilities to keep, maintain and
preserve records, papers and documents necessary to carry on the
business and to make the business available to inspection by the
commissioner at all reasonable times:
Provided, That each established place of business shall have a display area which may
be outside or inside or a combination thereof of at least twelve
hundred square feet which is to be used exclusively for the
display of vehicles which are offered for sale by the dealer,
office space of at least one hundred forty-four square feet and
a telephone listed in the name of the dealership. Each
established place of business shall be open to the public a
minimum of twenty hours per week at least forty weeks per
calendar year with at least ten of those hours being between the
hours of nine thirty a.m. and eight thirty p.m., Monday through
Saturday:
Provided, however, That if a used motor vehicle dealer
has entered into a written agreement or agreements with a person
or persons owning or operating a servicing and repair facility or
facilities adequate and suitable as aforesaid, the effect of
which agreement or agreements is to provide the servicing and
repair services and space in like manner as if the servicing and
repair facilities and space were located in or on the dealer's
place of business, then, so long as the agreement or agreements
are in effect, it is not necessary for the dealer to maintain the
servicing and repair facilities and space at the place of
business in order for the place of business to be an established
place of business as herein defined:
Provided further, That the
requirement of exclusive use is met even though: (A) House
trailers, trailers or motorcycles are sold or are to be sold thereat, if, subject to the provisions of section five of this
article, a separate license certificate is obtained for each type
of vehicle business, which license certificate remains unexpired,
unsuspended and unrevoked; (B) farm machinery is sold thereat;
(C) accessory, gasoline and oil, or storage departments are
maintained thereat, if the departments are operated for the
purpose of furthering and assisting in the licensed business or
businesses; and (D) the established place of business has an
attached single residential rental unit with an outside separate
entrance and occupied by a person or persons with no financial or
operational interest in the dealership where the established
place of business has space under roof for the display of at
least three motor vehicles and facilities and space therewith for
the concurrent servicing and repair of at least two motor
vehicles and otherwise meets the requirements set forth herein.
(20) "Established place of business," in the case of a
house trailer dealer, trailer dealer, recreational vehicle
dealer, motorcycle dealer, used parts dealer and wrecker or
dismantler, means a permanent location, not a temporary stand or
other temporary quarters, owned or leased by the licensee or
applicant and actually occupied or to be occupied by the
licensee, as the case may be, which is easily accessible to the
public, which conforms to all applicable laws of this state and
the ordinances of the municipality in which it is located, if any, which displays thereon at least one permanent sign, clearly
visible from the principal public street or highway nearest the
location and clearly stating the business which is or shall be
conducted thereat, and which has adequate facilities to keep,
maintain and preserve records, papers and documents necessary to
carry on the business and to make the business available to
inspection by the commissioner at all reasonable times.
(21) "Manufacturer" means every person engaged in the
business of reconstructing, assembling or reassembling vehicles
with a special type body required by the purchaser if the vehicle
is subject to the title and registration provisions of this code.
(22) "Transporter" means every person engaged in the
business of transporting vehicles to or from a manufacturing,
assembling or distributing plant to dealers or sales agents of a
manufacturer, or purchasers.
(23) "Recreational vehicle dealer" means every person
(other than agents and employees, if any, while acting within the
scope of their authority or employment), engaged in, or held out
to the public to be engaged in, the business in this state of
selling new or used recreational vehicles, or both.
(24) "Motorboat" means any vessel propelled by an
electrical, steam, gas, diesel or other fuel propelled or driven
motor, whether or not the motor is the principal source of
propulsion, but does not include a vessel which has a valid marine document issued by the bureau of customs of the United
States government or any federal agency successor thereto.
(25) "Motorboat trailer" means every vehicle designed for
or ordinarily used for the transportation of a motorboat.
(26) "All-terrain vehicle" (ATV) means any motor vehicle
designed for off-highway use and designed for operator use only
with no passengers, having a seat or saddle designed to be
straddled by the operator, and handlebars for steering control.
(27) "Travel trailer" means every vehicle, mounted on
wheels, designed to provide temporary living quarters for
recreational, camping or travel use of such size or weight as not
to require special highway movement permits when towed by a motor
vehicle and of gross trailer area less than four hundred square
feet.
(28) "Fold down camping trailer" means every vehicle
consisting of a portable unit mounted on wheels and constructed
with collapsible partial sidewalls which fold for towing by
another vehicle and unfold at the camp site to provide temporary
living quarters for recreational, camping or travel use.
(29) "Motor home" means every vehicle, designed to provide
temporary living quarters, built into an integral part of or
permanently attached to a self-propelled motor vehicle, chassis
or van including: (1) Type A motor home built on an incomplete
truck chassis with the truck cab constructed by the second stage manufacturer; (2) Type B motor home consisting of a van-type
vehicle which has been altered to provide temporary living
quarters; and (3) Type C motor home built on an incomplete van or
truck chassis with a cab constructed by the chassis manufacturer.
(30) "Snowmobile" means a self-propelled vehicle intended
for travel primarily on snow and driven by a track or tracks in
contact with the snow and steered by a ski or skis in contact
with the snow.
(31) "Recreational vehicle" means a motorboat, motorboat
trailer, all-terrain vehicle, travel trailer, fold down camping
trailer, motor home or snowmobile.
(32) "Major component" means any one of the following
subassemblies of a motor vehicle: (A) Front clip assembly
consisting of fenders, grille, hood, bumper and related parts;
(B) engine; (C) transmission; (D) rear clip assembly consisting
of quarter panels and floor panel assembly; or (E) two or more
doors.
(33) "Factory-built home" includes mobile homes, house
trailers and manufactured homes.
(34) "Manufactured home" has the same meaning as the term
is defined in section two, article nine, chapter twenty-one of
this code which meets the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. §5401 et
seq.), effective on the fifteenth day of June, one thousand nine hundred seventy-six, and the federal manufactured home
construction and safety standards and regulations promulgated by
the secretary of the United States department of housing and
urban development.
(35) "Mobile home" means a transportable structure that is
wholly, or in substantial part, made, fabricated, formed or
assembled in manufacturing facilities for installation or
assembly and installation on a building site and designed for
long-term residential use and built prior to enactment of the
federal manufactured housing construction and safety standards
institute (ANSI) -- A119.1 standards for mobile homes.
(b) Under no circumstances whatever may the terms "new
motor vehicle dealer", "used motor vehicle dealer", "house
trailer dealer", "trailer dealer", "recreational vehicle dealer",
"motorcycle dealer", "used parts dealer" or "wrecker/dismantler/
rebuilder" be construed or applied under this article in such a
way as to include a banking institution, insurance company,
finance company, or other lending or financial institution, or
other person, the state or any agency or political subdivision
thereof, or any municipality, who or which owns or comes in
possession or ownership of, or acquires contract rights, or
security interests in or to, any vehicle or vehicles or any part
thereof and sells the vehicle or vehicles or any part thereof for
purposes other than engaging in and holding out to the public to be engaged in the business of selling vehicles or any part
thereof.
(c) It is recognized that throughout this code the term
"trailer" or "trailers" is used to include, among other types of
trailers, house trailers. It is also recognized that throughout
this code the term "trailer" or "trailers" is seldom used to
include semitrailers or pole trailers. However, for the purposes
of this article only, the term "trailers" has the meaning
ascribed to it in subsection (a) of this section.
§17A-6-6. Refusal or issuance of license certificate; license
certificate not transferable.
(a) Upon the basis of the application and all other
information before him or her, the commissioner shall make and
enter an order denying the application for a license certificate
and refusing the license certificate sought, which denial and
refusal are final and conclusive unless an appeal is taken in
accordance with the provisions of section twenty-one of this
article, if the commissioner finds that the applicant
(individually, if an individual, or the partners, if a
copartnership, or the officers and directors, if a corporation):
(1) Has failed to furnish the required bond;
(2) Has failed to furnish the required certificate of
insurance;
(3) Has knowingly made false statement of a material fact in his or her application;
(4) Has habitually defaulted on financial obligations in
this state or any other state or jurisdiction;
(5) Has been convicted of a felony:
Provided, That upon
appeal, the motor vehicle dealers advisory board established
pursuant to the provisions of section eighteen-a of this article
has the authority to grant as exemption of this restriction if
the felony did not involve financial matters, the motor vehicle
industry or matters of moral turpitude.
(6) So far as can be ascertained, has not complied with and
will not comply with the registration and title laws of this
state or any other state or jurisdiction;
(7) Does not or will not have or maintain at each place of
business (subject to the qualification contained in subdivision
(17), subsection (a), section one of this article with respect to
a new motor vehicle dealer) an established place of business as
defined for the business in question in said section one;
(8) Has been convicted of any fraudulent act in connection
with the business of new motor vehicle dealer, used motor vehicle
dealer, house trailer dealer, trailer dealer, recreational
vehicle dealer, motorcycle dealer, used parts dealer, or wrecker
or dismantler in this state or any other state or jurisdiction;
(9) Has done any act or has failed or refused to perform any
duty for which the license certificate sought could be suspended or revoked were it then issued and outstanding;
(10) Is not age eighteen years or older;
(11) Is delinquent in the payment of any taxes owed to the
United States, the state of West Virginia or any political
subdivision thereof;
(12) Has been denied a license in another state or has been
the subject of license revocation or suspension in another state;
(13) Has committed any action in another state which, if it
had been committed in this state, would be grounds for denial and
refusal of the application for a license certificate; or
(14) Has failed to pay any civil penalty assessed by this
state or any other state.
Otherwise, the commissioner shall issue to the applicant the
appropriate license certificate which shall entitle the licensee
to engage in the business of new motor vehicle dealer, used motor
vehicle dealer, house trailer dealer, trailer dealer,
recreational vehicle dealer, motorcycle dealer, used parts
dealer, or wrecker or dismantler, as the case may be, during the
period, unless sooner suspended or revoked, for which the license
certificate is issued.
(b) A license certificate issued in accordance with the
provisions of this article is not transferable.
§17A-6-7. When application to be made; expiration of license
certificate; renewal.
(a) Every license certificate issued in accordance with the provisions
of this article shall, unless sooner suspended or revoked, expire
on June thirtieth next following the issuance thereof.
(b) A license certificate may be renewed each year in the
same manner, for the same fee as prescribed in section ten of
this article and upon the same basis as an original license
certificate is issued under section six of this article. All
applications for the renewal of any license certificate shall be
filed with the commissioner at least thirty days before the
expiration thereof. Any application for renewal of any license
certificate not filed at least thirty days before the expiration
may not be renewed except upon payment of the same fee as an
original license certificate as prescribed in subsection (a),
section ten of this article. The commissioner may allow the
delinquent applicant to complete an abbreviated application for
renewal in lieu of an original application.
§17A-6-10. Fee required for license certificate; dealer special
plates.
(a) The initial application fee for a license certificate to
engage in the business of a new motor vehicle dealer, used motor
vehicle dealer, house trailer dealer, trailer dealer, motorcycle
dealer, recreational vehicle dealer or
wrecker/dismantler/rebuilder is two hundred fifty dollars:
Provided,
That if an application for a license certificate is denied or refused in accordance with section six of this article,
one hundred twenty-five dollars shall be refunded to the
applicant. The initial application fee entitles the licensee to
dealer special plates as prescribed by subsections (b), (c), (d)
and (e) of this section.
(b) The annual renewal fee required for a license
certificate to engage in the business of new motor vehicle dealer
is one hundred dollars. This fee shall also entitle the licensee
to one dealer's special plate which shall be known as a Class D
special plate. Up to two additional Class D special plates shall
be issued to the licensee upon application on a form prescribed
by the commissioner for such purpose and the payment of a fee of
five dollars for each additional Class D special plate. Any
licensee is also entitled to receive additional Class D special
plates on a formula basis, that is, one additional Class D
special plate per twenty new and used motor vehicles sold at
retail and wholesale by the licensee or predecessor during the
preceding fiscal year, upon application on a form prescribed by
the commissioner for such purpose and the payment of a fee of
five dollars for each additional Class D special plate:
Provided,
That in the case of a licensee who did not own or
operate the business during the preceding fiscal year and who has
no predecessor who owned or operated a business during the fiscal
year, additional Class D plates shall be issued for the ensuing fiscal year only on a formula basis of one additional Class D
plate per twenty new and used motor vehicles which the licensee
estimates on his or her application for his or her license
certificate he or she will sell at retail and wholesale during
the ensuing fiscal year. The licensee may revise his or her
estimate if actual sales of new and used motor vehicles in the
initial year exceed the estimate by filing an amended application
for his or her license certificate. Additional Class D plates
shall be issued for the remaining portion of the fiscal year only
on a formula basis of one additional Class D plate per twenty new
and used vehicles in the revised estimate. A licensee may receive
no more than five additional Class D special license plates upon
a showing that the licensee's new vehicle retail sale business
requires more special license plates than authorized under the
formula established under the provisions of this section. Such
showing shall include evidence of the geographical divergence of
the licensee's customer base and the number of licensees holding
similar franchises of a particular brand of a motor vehicle to
show the need for additional Class D special plates.
(c) The annual renewal fee required for a license
certificate to engage in the business of used motor vehicle
dealer is one hundred dollars. This fee also entitles the
licensee to one dealer's special plate which shall be known as a
Class D-U/C special plate. Up to two additional Class D-U/C special plates shall be issued to the licensee upon application
on a form prescribed by the commissioner for such purpose and the
payment of a fee of five dollars for each additional Class D-U/C
special plate. Any licensee is also entitled to receive
additional Class D-U/C special plates on a formula basis, that
is, one additional Class D-U/C special plate per twenty used
motor vehicles sold at retail and/or wholesale by the licensee or
his or her predecessor during the preceding fiscal year, upon
application therefor on a form prescribed by the commissioner for
such purpose and the payment of a fee of five dollars for each
additional Class D-U/C special plate: Provided,
That in the case
of a licensee who did not own or operate the business during the
preceding fiscal year and who has no predecessor who owned or
operated the business during the preceding fiscal year,
additional Class D-U/C plates shall be issued for the ensuing
fiscal year only on a formula basis of one additional Class D-U/C
plate per twenty used motor vehicles which the licensee estimates
on his or her application for the license certificate he or she
will sell at retail and/or wholesale during the ensuing fiscal
year. The licensee may revise his or her estimate if actual
sales of used motor vehicles in the ensuing fiscal year exceed
the estimate by filing an amended application for his or her
license certificate. Additional Class D-U/C plates shall be
issued for the remaining portion of the fiscal year only on a formula basis of one additional Class D-U/C plate per twenty used
vehicles in the revised estimate.
(d) The annual renewal fee required for a license
certificate to engage in the business of house trailer dealer or
trailer dealer, as the case may be, is twenty-five dollars. This
fee also entitles the licensee to four dealer's special plates
which shall be known as Class D-T/R special plates. Additional
Class D-T/R special plates shall be issued to any licensee upon
application therefor on a form prescribed by the commissioner for
such purpose and the payment of a fee of five dollars for each
such additional Class D-T/R special plate.
(e) The annual renewal fee required for a license
certificate to engage in the business of recreational vehicle
dealer is one hundred dollars. This fee shall also entitle the
licensee to four dealer special plates which shall be known as
Class D-R/V special plates. Additional Class D-R/V special
plates shall be issued to any licensee upon application therefor
on a form prescribed by the commissioner for such purpose on the
payment of a fee of twenty-five dollars for each additional Class
D-R/V special plate.
(f) The annual renewal fee required for a license
certificate to engage in the business of motorcycle dealer is ten
dollars. This fee shall also entitle the licensee to two
dealer's special plates which shall be known as Class F special plates. Additional Class F special plates shall be issued to any
dealer upon application therefor on a form prescribed by the commissioner for such purpose and the payment of a fee of five
dollars for each additional Class F special plate.
(g) The annual renewal fee required for a license
certificate to engage in the business of
wrecker/dismantler/rebuilder is fifteen dollars. Upon payment of
the fee for the license certificate, a licensee is entitled to up
to four special license plates which shall be known as Class WD
special plates. The plates shall be issued to any licensee upon
application therefor on a form prescribed by the commissioner for
such purpose and the payment of a fee of twenty-five dollars for
each plate. The plate issued under the provisions of this
subsection shall have the words "Towing Only" affixed thereon.
A wrecker/dismantler/rebuilder is entitled to one special plate
known as a Class WD/Demo special plate upon payment of a twenty- five dollar fee. This plate shall only be used for demonstrating
rebuilt automobiles owned by the wrecker/dismantler/rebuilder.
(h) All of the special plates provided for in this section
shall be of such form and design and contain such other
distinguishing marks or characteristics as the commissioner may
prescribe.
§17A-6-13. Use of special plates; records to be maintained by
dealer.
(a) The Class D special plates and the Class D-U/C special
plates authorized in this article may be used for any purpose on
any motor vehicle owned by the dealer to whom issued and which is
being operated with his or her knowledge and consent and not
otherwise: Provided, That under no circumstances whatever shall may a
Class D special plate or Class D-U/C special plate be used on any
work or service vehicle owned by a dealer, on any vehicle owned
by a dealer and offered for hire or lease, or on any vehicle
which has been sold by a dealer to a customer: Provided,
however, That a dealer is authorized to use a Class D or Class D-
U/C special plate on no more than one courtesy vehicle per
dealership: Provided, further, That a Class D licensee is
authorized to use a Class D special plate on no more than one
Class A type pickup truck or van which is specifically identified
as a parts truck for the Class D licensee and which is used
exclusively for the transportation of parts for the dealership.
(b) Under no circumstances whatever shall may a Class D-T/R
special plate be used for the purpose of operating a motor
vehicle upon the streets and highways, or on any house trailer or other trailer owned by a dealer and offered for hire or lease, or
on any house trailer or other trailer which has been sold by a
dealer to a customer: Provided, That notwithstanding the sale or
any provision of this code to the contrary, a Class D-T/R special
plate may be used in moving a house trailer sold by a house
trailer dealer to a customer for one trip only from the house
trailer dealer's established place of business to a place
designated by the customer.
(c) Under no circumstances whatever shall may a Class D-R/V
special plate be used for the purpose of operating a motor
vehicle upon the streets and highways, or on any recreational
vehicle owned by a dealer and offered for hire or lease, or on
any recreational vehicle which has been sold by a dealer to a
customer: Provided, That notwithstanding any provision of this
code to the contrary, a Class D-R/V special plate may be used
upon the streets and highways for demonstration purposes only on
those recreational vehicles that are subject to registration
under article three of this chapter.
(d) Under no circumstances whatever shall may a Class F special
plate be used for the purpose of operating any type of motor
vehicle other than a motorcycle on the streets and highways, or on a motorcycle owned by a dealer and offered for hire or lease,
or on any motorcycle which has been sold by a dealer to a
customer.
(e) Under no circumstances whatever may a special plate
authorized under the provisions of this section be subcontracted,
brokered, leased or rented.
(e) (f) Every dealer entitled to and issued a special plate or
plates under the provisions of this article shall keep a written
record of the salesman, mechanic, employee, agent, officer or
other person to whom a special plate or plates have been assigned
by the dealer. Every record shall be open to inspection by the
commissioner or his or her representatives or any law-
enforcement
officer.
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