H. B. 2143
(By Delegate Warner)
[Introduced January 13, 1999; referred to the
Committee on Roads and Transportation then Finance.]
A BILL to amend and reenact sections six, seven 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; 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 six, seven 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-6-6. 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
shall be are final and conclusive unless an appeal is
taken
is 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 within five years
immediately preceding receipt of the application by the
commissioner;
(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
and/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
guilty 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
or 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) Has been 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;
or
(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.
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
shall not be is not transferable.
§17A-6-7. When application to be made; expiration of license
certificate; renewal.
(a) Every person licensed under the former provisions of
article seven of this chapter shall make application for a
license certificate under the provisions of this article at least
thirty days before expiration of his license granted in
accordance with said article seven.
(b) (a) Every license granted under the former provisions of
article seven of this chapter shall, unless sooner suspended, or
revoked, expire on June thirtieth, one thousand nine hundred
sixty-eight, and 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.
(c) (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-6-13. 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 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.
NOTE: The purpose of this bill is to clarify the criteria
for issuance of a motor vehicle dealer license and the use of
dealer special license plates.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Email
Webmaster | © 2024 West Virginia Legislature **
