VADA Law Book - Virginia Automobile Dealers Association

Dealer Law Book Table of Contents

Definitions	46.2-1500
General powers of the Commissioner	46.2-1501
Motor Vehicle Dealer Board	46.2-1503
Board to employ Executive Director	46.2-1503.1
State Personnel and Public Procurement Acts not applicable	46.2-1503.2
Motor Vehicle Dealer Board Fund: receipts; disbursements	46.2-1503.3
General powers and duties of Board	46.2-1503.4
Biennial report	46.2-1503.5
Board’s powers with respect to hearings under this chapter	46.2-1504
Suit to enjoin violations	46.2-1505
Regulations	46.2-1506
Additional training	46.2-1506.1
Penalties	46.2-1507
Licenses required	46.2-1508
Licensure of certain nonprofit organizations	46.2-1508.1
Application for license or certificate of dealer registration	46.2-1509
Dealers required to have established place of business	46.2-1510
Dealer-operator to have certificate of qualification	46.2-1511
Salesperson to have certificate of qualification	46.2-1512
Continued operation on loss of a dealer-operator holding certificate of qualification	46.2-1513
Action on applications; hearing on denial; denial for failure to have established place of business	46.2-1514
Location to be specified; display of license; change of location	46.2-1515
Supplemental sales locations	46.2-1516
Change in form of ownership, make, name	46.2-1517
Display of salesperson’s license; notice on termination	46.2-1518
License and registration fees; additional to other licenses and fees required by law	46.2-1519
Collection of license and registration fees; payments from fund	46.2-1520
Issuance, expiration, and renewal of licenses and certificates of registration	46.2-1521
Motor Vehicle Transaction Recovery Fund established	46.2-1527.1
Bonding requirements for applicants for an original license	46.2-1527.2
Recovery from Fund, generally	46.2-1527.3
Opportunity to intervene	46.2-1527.4
Limitations on recovery from Fund	46.2-1527.5
Assignment of claimant’s rights to the Board; payment of claims	46.2-1527.6
Revocation of license or certificate of registration on payment from the Fund	46.2-1527.7
No waiver by the Board of disciplinary action against licensee or registrant	46.2-1527.8
Continuous bonding requirements for Fund nonparticipants	46.2-1527.9
Recovery on bond	46.2-1527.10
No waiver by the Board of disciplinary action against licensee or registrant	46.2-1527.11
Examination or audit of licensee; costs	46.2-1528
Dealer records	46.2-1529
Sales of used motor vehicles by dealers; disclosures; penalty	46.2-1529.1
Buyer’s order	46.2-1530
Purchaser’s on-line systems filing fee; collection and remittance	46.2-1530.1
Dealer’s manual transaction fee; use in special fund	46.2-1530.2
Consignment vehicles; contract	46.2-1531
Odometer disclosure; penalty	46.2-1532
Certain disclosures required by manufacturers and distributors	46.2-1532.1
Certain disclosures required by motor vehicle manufacturers; motor vehicle recording devices	46.2-1532.2
Business hours	46.2-1533
Signs	46.2-1534
Advertisements	46.2-1535
Coercing purchaser to provide insurance coverage on motor vehicle; penalty	46.2-1536
Prohibited solicitation and compensation	46.2-1537
Salesman selling for other than his employer prohibited	46.2-1538
Inspection of vehicles required; penalty	46.2-1539
Inspections prior to sale not required of certain sellers	46.2-1540
Temporary registration	46.2-1542
Use of old license plates and registration number on another vehicle	46.2-1543
Certificate of title for dealers; penalty	46.2-1544
Termination of business	46.2-1545
Registration of dealers; fees	46.2-1546
License under this chapter prerequisite to receiving dealer’s license plates; insurance required; Commissioner may revoke plates	46.2-1547
Transferable dealer’s license plates	46.2-1548
Dealer’s license plates to distinguish between various types of dealers	46.2-1549
Dealer’s promotional license plates	46.2-1549.1
Use of dealer’s license plates, generally	46.2-1550
Use of dealer’s license plates and temporary transport plates on certain vehicles	46.2-1550.1
Issuance and use of temporary transport plates, generally	46.2-1550.2
Use of dealer’s license plates or temporary transport plates on certain vehicles traveling from one establishment to another for purpose of having special equipment installed	46.2-1551
Use of dealer’s license plates on newly purchased vehicles	46.2-1552
Use of dealer’s license plates or temporary transport plates for demonstrating trucks or tractor trucks	46.2-1552.1
Operation without license plate prohibited	46.2-1553
Movement by manufacturer to place of shipment or delivery	46.2-1554
Movement by dealers to salesrooms	46.2-1555
Operation under foreign dealer’s license	46.2-1556
Use of certain foreign-registered motor vehicles in driver education programs	46.2-1557
Removal of plates by Department of Motor Vehicles investigators; cancellation; reissuance	46.2-1557.1
Penalties for violations of article; service of summons	46.2-1557.2
Issuance of temporary license plates to dealers and vehicle owners	46.2-1558
Alternative print-on-demand program for issuance of temporary license plates to dealers and vehicle owners	46.2-1558.1
Records to be kept by dealers; inspection	46.2-1559
Application for temporary license plate	46.2-1560
To whom temporary plates shall not be issued; dealer to forward application for current titling and registration; misstatements and false information	46.2-1561
Dealer to insert his name, date of issuance and expiration, make and identification number of vehicle	46.2-1562
Suspension of right of dealer to issue	46.2-1563
Plates to be destroyed on expiration	46.2-1564
When plates to expire; refunds or credit	46.2-1565
Penalties	46.2-1565.1
Acts of officers, directors, partners, and salespersons	46.2-1574
Grounds for denying, suspending, or revoking licenses or certificates of dealer registration or qualification	46.2-1575
Suspension, revocation, and refusal to renew licenses or certificates of dealer registration or qualification; notice and hearing	46.2-1576
Appeals from actions of the Board	46.2-1577
Appeals to Court of Appeals; bond	46.2-1578
Equitable remedies not impaired	46.2-1579

2. Franchise Laws

Filing of franchises	46.2-1566
Exemption of franchises from Retail Franchising Act	46.2-1567
Coercion of retail dealer by manufacturer or distributor with respect to retail installment sales contracts, extended service contracts or extended maintenance plans, financing, or leasing prohibited; penalty	46.2-1568
Discrimination by manufacturers or distributors prohibited	46.2-1568.1
Other coercion of dealers; transfer, grant, succession to and cancellation of dealer franchises; delivery of vehicles, parts, and accessories	46.2-1569
Manufacturer or distributor right of first refusal	46.2-1569.1
Discontinuation of distributors	46.2-1570
Warranty obligations	46.2-1571
Operation of dealership by manufacturer	46.2-1572
Ownership of service facilities	46.2-1572.1
Mediation of disputes	46.2-1572.2
Waiver prohibited	46.2-1572.3
Manufacturer or distributor use of performance standards	46.2-1572.4
Hearings and other remedies; civil penalties	46.2-1573
Recovery of attorney’s fees	46.2-1573.01
Late model and factory repurchase franchises	46.2-1573.1

3. Advertising Laws

4. Titling and Registration Laws

Owner to secure registration and certificate of title or certificate of ownership	46.2-600
Acquiring vehicle from vendor who does not have certificate of title	46.2-616
Sale of vehicle without certificate of title	46.2-617
When unlawful to have in possession certificate of title issued to another	46.2-618
New indicia of title; procedure as to leased vehicles	46.2-619
Period of validity of certificate of title	46.2-620
Application for certificate of title	46.2-621
Correcting errors in titling	46.2-621.1
Issuance of certificate of title in names of joint owners	46.2-622
Statements in application	46.2-623
Information required on transfer of titles of taxicabs or vehicles damaged by water	46.2-624
Specially constructed, reconstructed, replica, or foreign vehicles	46.2-625
Fee for certificate of title; use in special fund	46.2-627
How certificate of title transferred	46.2-628
Odometer reading to be reported on certificate of title, application, or power of attorney	46.2-629
Transfer and application for certificate of title forwarded to Department	46.2-630
When transferred certificate of title need not be forwarded	46.2-631
Transfer when certificate of title lost	46.2-632
Transfer of title by operation of law	46.2-633
Transfer of title when no qualification on estate	46.2-634
(Effective until July 1, 2012) Surrender of certificates for vehicles to be demolished; securing new title certificates	46.2-635
Certificate to show security interests	46.2-636
Security interests subsequently created	46.2-637
Certificate as notice of security interest	46.2-638
Security interest may be filed within thirty days after purchase	46.2-639
Priority of security interests shown on certificates of title	46.2-640
Vehicle leases that are not sales or security interests	46.2-640.1
Who to hold certificate of title subject to security interest	46.2-641
Release of security interest shown on certificate of title	46.2-642
Surrender of certificate of title required when security interest paid	46.2-643
Levy of execution	46.2-644

5. Automobile Repair Facilities Act

Title of chapter	59.1-207.1
Definitions	59.1-207.2
Written estimate for repair work required upon request; charge in excess of estimate; conditions; display of sign required; limitations on liability for delay; exception	59.1-207.3
Offer to return replaced parts required; customer’s right to inspect parts	59.1-207.4
Written invoice required upon completion of repair work	59.1-207.5
Sale or installation of motor vehicle glass; prohibited conduct	59.1-207.5:1
Enforcement; penalties	59.1-207.6

6. Lemon Law

7. VA Consumer Protection Act

8. Salvage Laws

Definitions	46.2-1600
Licensing of dealers of salvage vehicles; fees	46.2-1601
Certain sales prohibited; exceptions	46.2-1602
Duties of insurance companies upon acquiring certain vehicles	46.2-1602.1
Obtaining salvage certificate or certificate of title for an unrecovered stolen vehicle	46.2-1603
Duties of licensees	46.2-1603.1
Owner may declare vehicle nonrepairable; insurance company required to obtain a nonrepairable certificate; applicability of certain other laws to nonrepairable certificates; titling and registration of nonrepairable vehicle prohibited.	46.2-1603.2
Rebuilders required to possess certificate of title	46.2-1604
Vehicles repaired or rebuilt for highway use; examinations; branding of titles	46.2-1605
Certificates of title issued by other states	46.2-1606
Inspection of records and examination of inventory	46.2-1607
Maintenance and contents of records	46.2-1608
Penalties	46.2-1609
Disposition of fees	46.2-1610

9. Miscellaneous Code Sections

Aftermarket Parts Unfair claim settlement practices	38.2-510
Airbags Air bags; installation of other object in lieu of air bag prohibited; notice of installation of previously installed air bag required; penalty	46.2-1088.3
Body Shops – Sales Tax on Paint and Supplies Definitions	58.1-602
Business License Tax License tax on motor vehicle dealers	58.1-3734
Demonstrators – Workers Comp Coverage Definitions	65.2-101
Drivers Licenses – Copies Unlawful acts enumerated	46.2-346
Event Data Recorders Motor vehicle recording devices	46.2-1088.6
Certain disclosures required by motor vehicle manufacturers; motor vehicle recording devices	46.2-1532.2
Hybrid – Clean Special Fuel Plates Special license plates for clean special fuel vehicles	46.2-749.3
Hybrids – HOV Lane Exemption (For expiration date – see Editor’s note) Designation of high-occupancy vehicle lanes; use of such lanes; penalties	33.1-46.2
Insurance Coverage – Loaners Liability insurance on motor vehicles; standard provisions; applicability of other valid and collectible insurance	38.2-2205
Maintenance / Service Contracts – Sales Tax Service exemptions	58.1-609.5
Safety Inspections – New Vehicles Requirement of inspection; well-drilling machinery, antique motor vehicle or antique trailer excepted	46.2-1157
Safety and Emissions Inspection Fees Charges for inspection and reinspection; exemption	46.2-1167
Emissions inspection fees; exemption	46.2-1182
Sales and Use Tax Definitions	58.1-2401
Levy	58.1-2402
Exemptions	58.1-2402
Sales and Use Tax Refunds Refunds generally; to foreign nationals	58.1-2423
Storage and Mechanics Liens Lien of keeper of livery stable, garage, marina, etc.	43-32
Lien of mechanic for repairs	43-33

Law Book Quick Reference

Subject	Code Section
After-market Parts	§ 38.2-510
Air Bags	§ 46.2-1088.3
Allocations	§ 46.2-1569 (7)
Attorneys Fees	§ 46.2-1573.01
Banks – Surrender of Title	§ 46.2-643
Body Shops – Sales Tax on Paint & Supplies	§ 58.1-602
Business License Tax (1)	§ 58.1-3734
Business License Tax (2)	§ 58.1-3734.1
Buyer’s Order	§ 46.2-1530
Buyer Standing	§ 46.2-1569 (3a)
Chargebacks	§ 46.2-1571 (A) (6) & (F)
Cure Offers	§ 59.1-198
Cure Offers	§ 59.1-204
Customer Rights Signs	§ 59.1-207.3 (C)
Dealer Tags (1)	§ 46.2-1550
Dealer Tags (2)	§ 46.2-1550.1
Dealer Tags (3)	§ 46.2-1550.2
Dealer Tags (4)	§ 46.2-1551
Dealer Tags (5)	§ 46.2-1552
Dealer Tags (6)	§ 46.2-1552.1
Discrimination	§ 46.2-1568.1
Drivers License – Copies	§ 46.2-346
Facilities and Displays	§ 46.2-1569 (7)(a) & (7)(b)
Facilities Upgrades	§ 46.2-1569 (2)(c)
Filing of Agreements	§ 46.2-1566
First Refusal	§ 46.2-1569.1
Franchise – Definition	§ 46.2-1500
Insurance Coverage – Loaners	§ 38.2-2205
Maintenance/Service Contracts – Sales Tax	§ 58.1-609.5
Manufacturers Buybacks	§ 46.2-1569 (5b)
Manufacturer Designated Vendors	§ 46.2-1569 (7)(c) – (7)(f)
New Motor Vehicle – Definition	§ 46.2-1500
New Vehicle Damage – 3% Rule	§ 46.2-1571 (D) – (F)
Parts Ordering & Returns	§ 46.2-1571 (B)(9)
Performance Standards	§ 46.2-1572.4
Processing Fees (1)	§ 46.2-1530
Processing Fees (2)	§ 46.2-1581
Processing Fees (3)	§ 58.1-2402 (E)
Processing Fees (4)	24VAC22-30-30
Purchaser’s Online Systems Filing Fee	§ 46.2-1530.1
Referral Fees	§ 46.2-1537
Relevant Market Area (1)	§ 46.2-1500
Relevant Market Area (2)	§ 46.2-1569 (4)
Safety & Emissions Inspection Fees (1)	§ 46.2-1167
Safety & Emissions Inspection Fees (2)	§ 46.2-1182
Sales and Use Tax (1)	§ 58.1-2401
Sales and Use Tax (2)	§ 58.1-2402
Sales and Use Tax (3)	§ 58.1-2403
Sales and Use Tax Refunds	§ 58.1-2423
Salvage Laws	§ 46.2-1600 – § 46.2-1610
Service Contracts – Coercion by Manufacturers	§ 46.2-1568
Site Control	§ 46.2-1569 (10)
§ 46.2-644.01. Lien of keeper of garage.	§ 46.2 – 644.01
§ 46.2-644.02. Lien of mechanic for repairs.	§ 46.2 – 644.02
Storage and Mechanics’ Liens (3)	§ 46.2 – 644.03
Termination Rights	§ 46.2-1569 (5b)
Termination Rights (2)	§ 46.2-1573.02
Virginia Law Provision	§ 46.2-1569 (9)
Waivers	§ 46.2-1572.3

Regulated advertising practices	46.2-1581
Enforcement; regulations	46.2-1582
Intent; Virginia Administrative Code (VAC)	24VAC22-30-10
Definitions; VAC	24VAC22-30-20
Practices; VAC	24VAC22-30-30
Administrative & Civil Penalties; VAC	24VAC22-30-40
Appeals; VAC	24VAC22-30-50
Other Enforcement; VAC	24VAC22-30-60

Short title	59.1-207.9
Intent	59.1-207.10
Definitions	59.1-207.11
Conformity to all warranties	59.1-207.12
Action to enforce provisions of chapter	59.1-207.14
Informal dispute settlement procedure	59.1-207.15
Action to be brought within certain time	59.1-207.16
Disclosure of returned vehicles; penalty	59.1-207.16:1

Definitions	59.1-198
Prohibited practices	59.1-200
Individual action for damages or penalty	59.1-204
Civil penalties; attorney’s fees	59.1-206