Unless the context otherwise requires, the following words andterms, for the purpose of this chapter, shall have the following meanings:
"Certificate of origin" means the document, providedby the manufacturer or distributor of a new trailer, that is the only validindication of ownership between the manufacturer, its distributor, itsfranchised trailer dealers, and the original purchaser not for resale.
"Dealer-operator" means the individual who works atthe established place of business of a dealer and who is responsible for and incharge of day-to-day operations of that place of business.
"Distributor" means a person who sells or distributesnew trailers, pursuant to a written agreement with the manufacturer, tofranchised trailer dealers in the Commonwealth.
"Distributor branch" means a branch officemaintained by a distributor for the sale of trailers to trailer dealers or fordirecting or supervising, in whole or in part, its representatives in theCommonwealth.
"Distributor representative" means a personemployed, by a distributor or by a distributor branch, for the purpose ofmaking or promoting the sale of trailers or for supervising or contacting itsdealers, prospective dealers, or representatives in the Commonwealth.
"Factory branch" means a branch office maintained bya person for the sale of trailers to distributors, for the sale of trailers totrailer dealers, or for directing or supervising, in whole or in part, itsrepresentatives in the Commonwealth.
"Factory representative" means a person employedeither by a person who manufactures or assembles trailers or by a factorybranch for the purpose of (i) making or promoting the sale of its trailers or(ii) for supervising or contacting its dealers, prospective dealers, orrepresentatives in the Commonwealth.
"Factory repurchase trailer" means a trailer that is(i) sold, leased, rented, consigned, or otherwise transferred to a person underan agreement that the trailer will be resold or otherwise retransferred only tothe manufacturer or distributor of the trailer, and (ii) reacquired by themanufacturer or distributor, or its agents.
"Family member" means a person who either (i) is thespouse, child, grandchild, spouse of a child, spouse of a grandchild, brother,sister, or parent of the dealer or owner, or (ii) has been employedcontinuously by the dealer for at least five years.
"Franchise" means a written contract or agreementbetween two or more persons whereby one person, the franchisee, is granted theright to engage in the business of offering and selling, servicing, oroffering, selling, and servicing new trailers of a particular line-make or latemodel or factory repurchase trailers of a particular line-make manufactured ordistributed by the grantor of the right, the franchisor, and where theoperation of the franchisee's business is substantially associated with thefranchisor's trademark, trade name, advertising, or other commercial symboldesignating the franchisor, the trailer or its manufacturer or distributor. Theterm shall include any severable part or parts of a franchise agreement whichseparately provides for selling and servicing different line-makes of thefranchisor.
"Franchised late model or factory repurchase trailerdealer" means a dealer in late model or factory repurchase trailers,including a franchised new trailer dealer, that has a franchise agreement witha manufacturer or distributor of the line-make of the late model or factoryrepurchase trailers.
"Franchised trailer dealer" or "franchiseddealer" means a dealer in new trailers that has a franchise agreement witha manufacturer or distributor of new trailers.
"Independent trailer dealer" means a dealer in usedtrailers.
"Late model trailer" means a trailer of the currentmodel year and the immediately preceding model year.
"Manufacturer" means a person engaged in thebusiness of constructing or assembling new trailers.
"New trailer" means any trailer which (i) has notbeen previously sold except in good faith for the purpose of resale, (ii) hasnot been used as a rental, driver education, or demonstration trailer, or forthe personal and business transportation of the manufacturer, distributor,dealer, or any of his employees, (iii) has not been used except for limited usenecessary in moving or road testing the trailer prior to delivery to acustomer, (iv) is transferred by a certificate of origin, and (v) has themanufacturer's certification that it conforms to all applicable federal trailersafety and emission standards. Notwithstanding provisions (i) and (iii), atrailer that has been previously sold but not titled shall be deemed a newtrailer if it meets the requirements of provisions (ii), (iv), and (v).
"Original license" means a trailer dealer licenseissued to an applicant who has never been licensed as a trailer dealer inVirginia or whose Virginia trailer dealer license has been expired for morethan 30 days.
"Relevant market area" means as follows:
1. In metropolitan localities with a population of 250,000,the relevant market area shall be a circular area around an existing franchiseddealer not to exceed a radius of 10 miles, but in no case less than sevenmiles.
2. If the population in an area within a radius of 10 milesaround an existing franchised dealer is less than 250,000, but the populationin an area within a radius of 15 miles around an existing franchised dealer is150,000 or more, the relevant market area shall be that area within the 15-mileradius.
3. In all other cases the relevant market area shall be anarea within a radius of 20 miles around an existing franchised dealer or thearea of responsibility defined in the franchise, whichever is greater. In anycase where the franchise agreement is silent as to area responsibility, therelevant market area shall be the greater of an area within a radius of 20miles around an existing franchised dealer or that area in which the franchisorotherwise requires the franchisee to make significant retail sales or salesefforts.
In determining population for this definition, the most recentcensus by the U.S. Bureau of the Census or the most recent population update,either from the National Planning Data Corporation or other similar recognizedsource, shall be accumulated for all census tracts either wholly or partiallywithin the relevant market area.
"Retail installment sale" means every sale of one ormore trailers to a buyer for his use and not for resale, in which the price ofthe trailer is payable in one or more installments and in which the seller haseither retained title to the goods or has taken or retained a security interestin the goods under form of contract designated either as a security agreement,conditional sale, bailment lease, chattel mortgage, or otherwise.
"Sale at retail" or "retail sale" meansthe act or attempted act of selling, bartering, exchanging, or otherwisedisposing of a trailer to a buyer for his personal use and not for resale.
"Sale at wholesale" or "wholesale" means asale to trailer dealers or wholesalers other than to consumers, or a sale toone who intends to resell.
"Trailer" means every vehicle without motive powerdesigned for carrying property or passengers wholly on its own structure andfor being drawn by a motor vehicle, including semitrailers but not mobilehomes, sales of which are regulated under Chapter 4.2 (§ 36-85.16 et seq.) ofTitle 36, and not (i) watercraft trailers as defined in this section or (ii)travel trailers as defined in § 46.2-1900.
"Trailer dealer" or "dealer" means anyperson 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, arranges, offers or attempts to solicit ornegotiate on behalf of others a sale, purchase, or exchange of an interest innew trailers, new and used trailers, or used trailers alone, whether or not thetrailers are owned by him;
2. Is wholly or partly engaged in the business of selling newtrailers, new and used trailers, or used trailers only, whether or not thetrailers are owned by him; or
3. Offers to sell, sells, displays, or permits the display forsale, of five or more trailers within any 12 consecutive months.
The term "trailer dealer" does not include:
1. Receivers, trustees, administrators, executors, guardians,conservators or other persons appointed by or acting under judgment or order ofany court or their employees when engaged in the specific performance of theirduties as employees.
2. Public officers, their deputies, assistants, or employees,while performing their official duties.
3. Persons other than business entities primarily engaged inthe leasing or renting of trailers to others when selling or offering suchtrailers for sale at retail, disposing of trailers acquired for their own useand actually so used, when the trailers have been so acquired and used in goodfaith and not for the purpose of avoiding the provisions of this chapter.
4. Persons dealing solely in the sale and distribution offire-fighting equipment, ambulances, and funeral trailers, including trailersadapted therefor; however, this exemption shall not exempt any person from theprovisions of §§ 46.2-1992.17, 46.2-1992.18 and 46.2-1992.41.
5. Any financial institution chartered or authorized to dobusiness under the laws of the Commonwealth or the United States which may havereceived title to a trailer in the normal course of its business by reason of aforeclosure, other taking, repossession, or voluntary reconveyance to thatinstitution occurring as a result of any loan secured by a lien on the trailer.
6. An employee of an organization arranging for the purchaseor lease by the organization of trailers for use in the organization'sbusiness.
7. Any person who permits the operation of a trailer show orpermits the display of trailers for sale by any trailer dealer licensed underthis chapter.
8. An insurance company authorized to do business in theCommonwealth that sells or disposes of trailers under a contract with itsinsured in the regular course of business.
9. Any publication, broadcast, or other communications mediawhen engaged in the business of advertising, but not otherwise arranging forthe sale of trailers owned by others.
10. Any person dealing solely in the sale or lease of trailersdesigned exclusively for off-road use.
11. Any credit union authorized to do business in Virginia,provided the credit union does not receive a commission, money, or other thingof value directly from a trailer dealer.
12. Persons dealing solely in the sale and distribution ofutility/cargo trailers that have unloaded weights of 3,000 pounds or less;however, this exemption shall not exempt any person who deals in stock trailersor watercraft trailers.
"Trailer salesperson" or "salesperson"means any person who is licensed as and employed as a salesperson by a trailerdealer to sell or exchange trailers.
"Trailer show" means a display of trailers to thegeneral public at a location other than a dealer's location licensed under thischapter where the trailers are not being offered for sale or exchange during oras part of the display.
"Used trailer" means any trailer other than a newtrailer as defined in this section.
"Watercraft trailer" means any new or used trailerspecifically designed to carry a watercraft or a motorboat and purchased, sold,or offered for sale by a watercraft dealer licensed under Chapter 8 (§ 29.1-800et seq.) of Title 29.1.
"Watercraft trailer dealer" means any watercraftdealer licensed under Chapter 8 (§ 29.1-800 et seq.) of Title 29.1 who obtainsa certificate of dealer registration under this chapter.
"Wholesale auction" means an auction of trailersrestricted to sales at wholesale.
(1996, cc. 1043, 1052; 1997, cc. 801, 848; 2004, c. 726.)
Unless the context otherwise requires, the following words andterms, for the purpose of this chapter, shall have the following meanings:
"Certificate of origin" means the document, providedby the manufacturer or distributor of a new trailer, that is the only validindication of ownership between the manufacturer, its distributor, itsfranchised trailer dealers, and the original purchaser not for resale.
"Dealer-operator" means the individual who works atthe established place of business of a dealer and who is responsible for and incharge of day-to-day operations of that place of business.
"Distributor" means a person who sells or distributesnew trailers, pursuant to a written agreement with the manufacturer, tofranchised trailer dealers in the Commonwealth.
"Distributor branch" means a branch officemaintained by a distributor for the sale of trailers to trailer dealers or fordirecting or supervising, in whole or in part, its representatives in theCommonwealth.
"Distributor representative" means a personemployed, by a distributor or by a distributor branch, for the purpose ofmaking or promoting the sale of trailers or for supervising or contacting itsdealers, prospective dealers, or representatives in the Commonwealth.
"Factory branch" means a branch office maintained bya person for the sale of trailers to distributors, for the sale of trailers totrailer dealers, or for directing or supervising, in whole or in part, itsrepresentatives in the Commonwealth.
"Factory representative" means a person employedeither by a person who manufactures or assembles trailers or by a factorybranch for the purpose of (i) making or promoting the sale of its trailers or(ii) for supervising or contacting its dealers, prospective dealers, orrepresentatives in the Commonwealth.
"Factory repurchase trailer" means a trailer that is(i) sold, leased, rented, consigned, or otherwise transferred to a person underan agreement that the trailer will be resold or otherwise retransferred only tothe manufacturer or distributor of the trailer, and (ii) reacquired by themanufacturer or distributor, or its agents.
"Family member" means a person who either (i) is thespouse, child, grandchild, spouse of a child, spouse of a grandchild, brother,sister, or parent of the dealer or owner, or (ii) has been employedcontinuously by the dealer for at least five years.
"Franchise" means a written contract or agreementbetween two or more persons whereby one person, the franchisee, is granted theright to engage in the business of offering and selling, servicing, oroffering, selling, and servicing new trailers of a particular line-make or latemodel or factory repurchase trailers of a particular line-make manufactured ordistributed by the grantor of the right, the franchisor, and where theoperation of the franchisee's business is substantially associated with thefranchisor's trademark, trade name, advertising, or other commercial symboldesignating the franchisor, the trailer or its manufacturer or distributor. Theterm shall include any severable part or parts of a franchise agreement whichseparately provides for selling and servicing different line-makes of thefranchisor.
"Franchised late model or factory repurchase trailerdealer" means a dealer in late model or factory repurchase trailers,including a franchised new trailer dealer, that has a franchise agreement witha manufacturer or distributor of the line-make of the late model or factoryrepurchase trailers.
"Franchised trailer dealer" or "franchiseddealer" means a dealer in new trailers that has a franchise agreement witha manufacturer or distributor of new trailers.
"Independent trailer dealer" means a dealer in usedtrailers.
"Late model trailer" means a trailer of the currentmodel year and the immediately preceding model year.
"Manufacturer" means a person engaged in thebusiness of constructing or assembling new trailers.
"New trailer" means any trailer which (i) has notbeen previously sold except in good faith for the purpose of resale, (ii) hasnot been used as a rental, driver education, or demonstration trailer, or forthe personal and business transportation of the manufacturer, distributor,dealer, or any of his employees, (iii) has not been used except for limited usenecessary in moving or road testing the trailer prior to delivery to acustomer, (iv) is transferred by a certificate of origin, and (v) has themanufacturer's certification that it conforms to all applicable federal trailersafety and emission standards. Notwithstanding provisions (i) and (iii), atrailer that has been previously sold but not titled shall be deemed a newtrailer if it meets the requirements of provisions (ii), (iv), and (v).
"Original license" means a trailer dealer licenseissued to an applicant who has never been licensed as a trailer dealer inVirginia or whose Virginia trailer dealer license has been expired for morethan 30 days.
"Relevant market area" means as follows:
1. In metropolitan localities with a population of 250,000,the relevant market area shall be a circular area around an existing franchiseddealer not to exceed a radius of 10 miles, but in no case less than sevenmiles.
2. If the population in an area within a radius of 10 milesaround an existing franchised dealer is less than 250,000, but the populationin an area within a radius of 15 miles around an existing franchised dealer is150,000 or more, the relevant market area shall be that area within the 15-mileradius.
3. In all other cases the relevant market area shall be anarea within a radius of 20 miles around an existing franchised dealer or thearea of responsibility defined in the franchise, whichever is greater. In anycase where the franchise agreement is silent as to area responsibility, therelevant market area shall be the greater of an area within a radius of 20miles around an existing franchised dealer or that area in which the franchisorotherwise requires the franchisee to make significant retail sales or salesefforts.
In determining population for this definition, the most recentcensus by the U.S. Bureau of the Census or the most recent population update,either from the National Planning Data Corporation or other similar recognizedsource, shall be accumulated for all census tracts either wholly or partiallywithin the relevant market area.
"Retail installment sale" means every sale of one ormore trailers to a buyer for his use and not for resale, in which the price ofthe trailer is payable in one or more installments and in which the seller haseither retained title to the goods or has taken or retained a security interestin the goods under form of contract designated either as a security agreement,conditional sale, bailment lease, chattel mortgage, or otherwise.
"Sale at retail" or "retail sale" meansthe act or attempted act of selling, bartering, exchanging, or otherwisedisposing of a trailer to a buyer for his personal use and not for resale.
"Sale at wholesale" or "wholesale" means asale to trailer dealers or wholesalers other than to consumers, or a sale toone who intends to resell.
"Trailer" means every vehicle without motive powerdesigned for carrying property or passengers wholly on its own structure andfor being drawn by a motor vehicle, including semitrailers but not mobilehomes, sales of which are regulated under Chapter 4.2 (§ 36-85.16 et seq.) ofTitle 36, and not (i) watercraft trailers as defined in this section or (ii)travel trailers as defined in § 46.2-1900.
"Trailer dealer" or "dealer" means anyperson 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, arranges, offers or attempts to solicit ornegotiate on behalf of others a sale, purchase, or exchange of an interest innew trailers, new and used trailers, or used trailers alone, whether or not thetrailers are owned by him;
2. Is wholly or partly engaged in the business of selling newtrailers, new and used trailers, or used trailers only, whether or not thetrailers are owned by him; or
3. Offers to sell, sells, displays, or permits the display forsale, of five or more trailers within any 12 consecutive months.
The term "trailer dealer" does not include:
1. Receivers, trustees, administrators, executors, guardians,conservators or other persons appointed by or acting under judgment or order ofany court or their employees when engaged in the specific performance of theirduties as employees.
2. Public officers, their deputies, assistants, or employees,while performing their official duties.
3. Persons other than business entities primarily engaged inthe leasing or renting of trailers to others when selling or offering suchtrailers for sale at retail, disposing of trailers acquired for their own useand actually so used, when the trailers have been so acquired and used in goodfaith and not for the purpose of avoiding the provisions of this chapter.
4. Persons dealing solely in the sale and distribution offire-fighting equipment, ambulances, and funeral trailers, including trailersadapted therefor; however, this exemption shall not exempt any person from theprovisions of §§ 46.2-1992.17, 46.2-1992.18 and 46.2-1992.41.
5. Any financial institution chartered or authorized to dobusiness under the laws of the Commonwealth or the United States which may havereceived title to a trailer in the normal course of its business by reason of aforeclosure, other taking, repossession, or voluntary reconveyance to thatinstitution occurring as a result of any loan secured by a lien on the trailer.
6. An employee of an organization arranging for the purchaseor lease by the organization of trailers for use in the organization'sbusiness.
7. Any person who permits the operation of a trailer show orpermits the display of trailers for sale by any trailer dealer licensed underthis chapter.
8. An insurance company authorized to do business in theCommonwealth that sells or disposes of trailers under a contract with itsinsured in the regular course of business.
9. Any publication, broadcast, or other communications mediawhen engaged in the business of advertising, but not otherwise arranging forthe sale of trailers owned by others.
10. Any person dealing solely in the sale or lease of trailersdesigned exclusively for off-road use.
11. Any credit union authorized to do business in Virginia,provided the credit union does not receive a commission, money, or other thingof value directly from a trailer dealer.
12. Persons dealing solely in the sale and distribution ofutility/cargo trailers that have unloaded weights of 3,000 pounds or less;however, this exemption shall not exempt any person who deals in stock trailersor watercraft trailers.
"Trailer salesperson" or "salesperson"means any person who is licensed as and employed as a salesperson by a trailerdealer to sell or exchange trailers.
"Trailer show" means a display of trailers to thegeneral public at a location other than a dealer's location licensed under thischapter where the trailers are not being offered for sale or exchange during oras part of the display.
"Used trailer" means any trailer other than a newtrailer as defined in this section.
"Watercraft trailer" means any new or used trailerspecifically designed to carry a watercraft or a motorboat and purchased, sold,or offered for sale by a watercraft dealer licensed under Chapter 8 (§ 29.1-800et seq.) of Title 29.1.
"Watercraft trailer dealer" means any watercraftdealer licensed under Chapter 8 (§ 29.1-800 et seq.) of Title 29.1 who obtainsa certificate of dealer registration under this chapter.
"Wholesale auction" means an auction of trailersrestricted to sales at wholesale.
(1996, cc. 1043, 1052; 1997, cc. 801, 848; 2004, c. 726.)
Unless the context otherwise requires, the following words andterms, for the purpose of this chapter, shall have the following meanings:
"Certificate of origin" means the document, providedby the manufacturer or distributor of a new trailer, that is the only validindication of ownership between the manufacturer, its distributor, itsfranchised trailer dealers, and the original purchaser not for resale.
"Dealer-operator" means the individual who works atthe established place of business of a dealer and who is responsible for and incharge of day-to-day operations of that place of business.
"Distributor" means a person who sells or distributesnew trailers, pursuant to a written agreement with the manufacturer, tofranchised trailer dealers in the Commonwealth.
"Distributor branch" means a branch officemaintained by a distributor for the sale of trailers to trailer dealers or fordirecting or supervising, in whole or in part, its representatives in theCommonwealth.
"Distributor representative" means a personemployed, by a distributor or by a distributor branch, for the purpose ofmaking or promoting the sale of trailers or for supervising or contacting itsdealers, prospective dealers, or representatives in the Commonwealth.
"Factory branch" means a branch office maintained bya person for the sale of trailers to distributors, for the sale of trailers totrailer dealers, or for directing or supervising, in whole or in part, itsrepresentatives in the Commonwealth.
"Factory representative" means a person employedeither by a person who manufactures or assembles trailers or by a factorybranch for the purpose of (i) making or promoting the sale of its trailers or(ii) for supervising or contacting its dealers, prospective dealers, orrepresentatives in the Commonwealth.
"Factory repurchase trailer" means a trailer that is(i) sold, leased, rented, consigned, or otherwise transferred to a person underan agreement that the trailer will be resold or otherwise retransferred only tothe manufacturer or distributor of the trailer, and (ii) reacquired by themanufacturer or distributor, or its agents.
"Family member" means a person who either (i) is thespouse, child, grandchild, spouse of a child, spouse of a grandchild, brother,sister, or parent of the dealer or owner, or (ii) has been employedcontinuously by the dealer for at least five years.
"Franchise" means a written contract or agreementbetween two or more persons whereby one person, the franchisee, is granted theright to engage in the business of offering and selling, servicing, oroffering, selling, and servicing new trailers of a particular line-make or latemodel or factory repurchase trailers of a particular line-make manufactured ordistributed by the grantor of the right, the franchisor, and where theoperation of the franchisee's business is substantially associated with thefranchisor's trademark, trade name, advertising, or other commercial symboldesignating the franchisor, the trailer or its manufacturer or distributor. Theterm shall include any severable part or parts of a franchise agreement whichseparately provides for selling and servicing different line-makes of thefranchisor.
"Franchised late model or factory repurchase trailerdealer" means a dealer in late model or factory repurchase trailers,including a franchised new trailer dealer, that has a franchise agreement witha manufacturer or distributor of the line-make of the late model or factoryrepurchase trailers.
"Franchised trailer dealer" or "franchiseddealer" means a dealer in new trailers that has a franchise agreement witha manufacturer or distributor of new trailers.
"Independent trailer dealer" means a dealer in usedtrailers.
"Late model trailer" means a trailer of the currentmodel year and the immediately preceding model year.
"Manufacturer" means a person engaged in thebusiness of constructing or assembling new trailers.
"New trailer" means any trailer which (i) has notbeen previously sold except in good faith for the purpose of resale, (ii) hasnot been used as a rental, driver education, or demonstration trailer, or forthe personal and business transportation of the manufacturer, distributor,dealer, or any of his employees, (iii) has not been used except for limited usenecessary in moving or road testing the trailer prior to delivery to acustomer, (iv) is transferred by a certificate of origin, and (v) has themanufacturer's certification that it conforms to all applicable federal trailersafety and emission standards. Notwithstanding provisions (i) and (iii), atrailer that has been previously sold but not titled shall be deemed a newtrailer if it meets the requirements of provisions (ii), (iv), and (v).
"Original license" means a trailer dealer licenseissued to an applicant who has never been licensed as a trailer dealer inVirginia or whose Virginia trailer dealer license has been expired for morethan 30 days.
"Relevant market area" means as follows:
1. In metropolitan localities with a population of 250,000,the relevant market area shall be a circular area around an existing franchiseddealer not to exceed a radius of 10 miles, but in no case less than sevenmiles.
2. If the population in an area within a radius of 10 milesaround an existing franchised dealer is less than 250,000, but the populationin an area within a radius of 15 miles around an existing franchised dealer is150,000 or more, the relevant market area shall be that area within the 15-mileradius.
3. In all other cases the relevant market area shall be anarea within a radius of 20 miles around an existing franchised dealer or thearea of responsibility defined in the franchise, whichever is greater. In anycase where the franchise agreement is silent as to area responsibility, therelevant market area shall be the greater of an area within a radius of 20miles around an existing franchised dealer or that area in which the franchisorotherwise requires the franchisee to make significant retail sales or salesefforts.
In determining population for this definition, the most recentcensus by the U.S. Bureau of the Census or the most recent population update,either from the National Planning Data Corporation or other similar recognizedsource, shall be accumulated for all census tracts either wholly or partiallywithin the relevant market area.
"Retail installment sale" means every sale of one ormore trailers to a buyer for his use and not for resale, in which the price ofthe trailer is payable in one or more installments and in which the seller haseither retained title to the goods or has taken or retained a security interestin the goods under form of contract designated either as a security agreement,conditional sale, bailment lease, chattel mortgage, or otherwise.
"Sale at retail" or "retail sale" meansthe act or attempted act of selling, bartering, exchanging, or otherwisedisposing of a trailer to a buyer for his personal use and not for resale.
"Sale at wholesale" or "wholesale" means asale to trailer dealers or wholesalers other than to consumers, or a sale toone who intends to resell.
"Trailer" means every vehicle without motive powerdesigned for carrying property or passengers wholly on its own structure andfor being drawn by a motor vehicle, including semitrailers but not mobilehomes, sales of which are regulated under Chapter 4.2 (§ 36-85.16 et seq.) ofTitle 36, and not (i) watercraft trailers as defined in this section or (ii)travel trailers as defined in § 46.2-1900.
"Trailer dealer" or "dealer" means anyperson 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, arranges, offers or attempts to solicit ornegotiate on behalf of others a sale, purchase, or exchange of an interest innew trailers, new and used trailers, or used trailers alone, whether or not thetrailers are owned by him;
2. Is wholly or partly engaged in the business of selling newtrailers, new and used trailers, or used trailers only, whether or not thetrailers are owned by him; or
3. Offers to sell, sells, displays, or permits the display forsale, of five or more trailers within any 12 consecutive months.
The term "trailer dealer" does not include:
1. Receivers, trustees, administrators, executors, guardians,conservators or other persons appointed by or acting under judgment or order ofany court or their employees when engaged in the specific performance of theirduties as employees.
2. Public officers, their deputies, assistants, or employees,while performing their official duties.
3. Persons other than business entities primarily engaged inthe leasing or renting of trailers to others when selling or offering suchtrailers for sale at retail, disposing of trailers acquired for their own useand actually so used, when the trailers have been so acquired and used in goodfaith and not for the purpose of avoiding the provisions of this chapter.
4. Persons dealing solely in the sale and distribution offire-fighting equipment, ambulances, and funeral trailers, including trailersadapted therefor; however, this exemption shall not exempt any person from theprovisions of §§ 46.2-1992.17, 46.2-1992.18 and 46.2-1992.41.
5. Any financial institution chartered or authorized to dobusiness under the laws of the Commonwealth or the United States which may havereceived title to a trailer in the normal course of its business by reason of aforeclosure, other taking, repossession, or voluntary reconveyance to thatinstitution occurring as a result of any loan secured by a lien on the trailer.
6. An employee of an organization arranging for the purchaseor lease by the organization of trailers for use in the organization'sbusiness.
7. Any person who permits the operation of a trailer show orpermits the display of trailers for sale by any trailer dealer licensed underthis chapter.
8. An insurance company authorized to do business in theCommonwealth that sells or disposes of trailers under a contract with itsinsured in the regular course of business.
9. Any publication, broadcast, or other communications mediawhen engaged in the business of advertising, but not otherwise arranging forthe sale of trailers owned by others.
10. Any person dealing solely in the sale or lease of trailersdesigned exclusively for off-road use.
11. Any credit union authorized to do business in Virginia,provided the credit union does not receive a commission, money, or other thingof value directly from a trailer dealer.
12. Persons dealing solely in the sale and distribution ofutility/cargo trailers that have unloaded weights of 3,000 pounds or less;however, this exemption shall not exempt any person who deals in stock trailersor watercraft trailers.
"Trailer salesperson" or "salesperson"means any person who is licensed as and employed as a salesperson by a trailerdealer to sell or exchange trailers.
"Trailer show" means a display of trailers to thegeneral public at a location other than a dealer's location licensed under thischapter where the trailers are not being offered for sale or exchange during oras part of the display.
"Used trailer" means any trailer other than a newtrailer as defined in this section.
"Watercraft trailer" means any new or used trailerspecifically designed to carry a watercraft or a motorboat and purchased, sold,or offered for sale by a watercraft dealer licensed under Chapter 8 (§ 29.1-800et seq.) of Title 29.1.
"Watercraft trailer dealer" means any watercraftdealer licensed under Chapter 8 (§ 29.1-800 et seq.) of Title 29.1 who obtainsa certificate of dealer registration under this chapter.
"Wholesale auction" means an auction of trailersrestricted to sales at wholesale.
(1996, cc. 1043, 1052; 1997, cc. 801, 848; 2004, c. 726.)
