Unless the context otherwise requires, the following words and terms for thepurpose of this chapter shall have the following meanings:
"Certificate of origin" means the document provided by the manufacturer ofa new T&M vehicle, or its distributor, which is the only valid indication ofownership between the manufacturer, its distributor, its franchised T&Mvehicle dealers, and the original purchaser not for resale.
"Dealer-operator" means the individual who works at the established placeof business of a dealer and who is responsible for and in charge ofday-to-day operations of that place of business.
"Distributor" means a person who sells or distributes new T&M vehiclespursuant to a written agreement with the manufacturer, to franchised T&Mvehicle dealers in the Commonwealth.
"Distributor branch" means a branch office maintained by a distributor forthe sale of T&M vehicles to T&M vehicle dealers or for directing orsupervising, in whole or in part, its representatives in the Commonwealth.
"Distributor representative" means a person employed by a distributor or bya distributor branch, for the purpose of making or promoting the sale of T&Mvehicles or for supervising or contacting its dealers, prospective dealers,or representatives in the Commonwealth.
"Factory branch" means a branch office maintained by a person for the saleof T&M vehicles to distributors or for the sale of T&M vehicles to T&Mvehicle dealers, or for directing or supervising, in whole or in part, itsrepresentatives in the Commonwealth.
"Factory representative" means a person employed by a person whomanufactures or assembles T&M vehicles, or by a factory branch for thepurpose of making or promoting the sale of its T&M vehicles, or forsupervising or contacting its dealers, prospective dealers, orrepresentatives in the Commonwealth.
"Factory repurchase T&M vehicle" means a T&M vehicle sold, leased, rented,consigned, or otherwise transferred to a person under an agreement that theT&M vehicle will be resold or otherwise retransferred only to themanufacturer or distributor of the T&M vehicle, and which is reacquired bythe manufacturer or distributor, or its agents.
"Family member" means a person who either (i) is the spouse, child,grandchild, spouse of a child, spouse of a grandchild, brother, sister, orparent of the dealer or owner, or (ii) has been employed continuously by thedealer for at least five years.
"Franchise" means a written contract or agreement between two or morepersons whereby one person, the franchisee, is granted the right to engage inthe business of offering and selling, servicing, or offering, selling, andservicing new T&M vehicles of a particular line-make or late model or factoryrepurchase T&M vehicles of a particular line-make manufactured or distributedby the grantor of the right, the franchisor, and where the operation of thefranchisee's business is substantially associated with the franchisor'strademark, trade name, advertising, or other commercial symbol designatingthe franchisor, the T&M vehicle or its manufacturer or distributor. The termshall 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 T&M vehicle dealer" means adealer in late model or factory repurchase T&M vehicles, including afranchised new T&M vehicle dealer, that has a franchise agreement with amanufacturer or distributor of the line-make of the late model or factoryrepurchase T&M vehicles.
"Franchised T&M vehicle dealer" or "franchised dealer" means a dealer innew T&M vehicles that has a franchise agreement with a manufacturer ordistributor of new T&M vehicles.
"Independent T&M vehicle dealer" means a dealer in used T&M vehicles.
"Late model T&M vehicle" means a T&M vehicle of the current model year andthe immediately preceding model year.
"Manufacturer" means a person engaged in the business of constructing orassembling new T&M vehicles or a person engaged in the business ofmanufacturing engines, power trains, or rear axles, when such engines, powertrains, or rear axles are not warranted by the final manufacturer orassembler of the motor home.
"Motor home" means a motor vehicle with a normal seating capacity of notmore than ten persons, including the driver, designed primarily for use asliving quarters for human beings.
"Motor vehicle dealer," "motor vehicle manufacturer," "motor vehiclefactory branch," "motor vehicle distributor," "motor vehicle distributorbranch," "motor vehicle factory representative," and "motor vehicledistributor representative" mean the same as provided in § 46.2-1500.
"New T&M vehicle" means any T&M vehicle which (i) has not been previouslysold except in good faith for the purpose of resale, (ii) has not been usedas a rental, driver education, or demonstration T&M vehicle, or for thepersonal and business transportation of the manufacturer, distributor,dealer, or any of his employees, (iii) has not been used except for limiteduse necessary in moving or road testing the T&M vehicle prior to delivery toa customer, (iv) is transferred by a certificate of origin, and (v) has themanufacturer's certification that it conforms to all applicable federal T&Mvehicle safety and emission standards. Notwithstanding provisions (i) and(iii), a T&M vehicle that has been previously sold but not titled shall bedeemed a new T&M vehicle if it meets the requirements of provisions (ii),(iv), and (v) of this definition.
"Original license" means a T&M vehicle dealer license issued to anapplicant who has never been licensed as a T&M vehicle dealer in Virginia orwhose Virginia T&M vehicle dealer license has been expired for more thanthirty days.
"Relevant market area" means as follows:
1. In metropolitan localities with a population of 250,000, the relevantmarket area shall be a circular area around an existing franchised dealer notto exceed a radius of ten miles, but in no case less than seven miles.
2. If the population in an area within a radius of ten miles around anexisting franchised dealer is less than 250,000, but the population in anarea within a radius of fifteen miles around an existing franchised dealer is150,000 or more, the relevant market area shall be that area within thefifteen-mile radius.
3. In all other cases the relevant market area shall be an area within aradius of twenty miles around an existing franchised dealer or the area ofresponsibility defined in the franchise, whichever is greater. In any casewhere the franchise agreement is silent as to area responsibility, therelevant market area shall be the greater of an area within a radius oftwenty miles around an existing franchised dealer or that area in which thefranchisor otherwise requires the franchisee to make significant retail salesor sales efforts.
In determining population for this definition, the most recent census by theU.S. Bureau of the Census or the most recent population update, either fromthe National Planning Data Corporation or other similar recognized source,shall be accumulated for all census tracts either wholly or partially withinthe relevant market area.
"Retail installment sale" means every sale of one or more T&M vehicles to abuyer for his use and not for resale, in which the price of the T&M vehicleis payable in one or more installments and in which the seller has eitherretained title to the goods or has taken or retained a security interest inthe 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" means the act or attempted act ofselling, bartering, exchanging, or otherwise disposing of a T&M vehicle to abuyer for his personal use and not for resale.
"Sale at wholesale" or "wholesale" means a sale to T&M vehicle dealers orwholesalers other than to consumers, or a sale to one who intends to resell.
"T&M vehicle" means motor homes and travel trailers as defined in thissection.
"T&M vehicle dealer" or "dealer" means any person who:
1. For commission, money, or other thing of value, buys, sells, exchanges,either outright or on conditional sale, bailment lease, chattel mortgage, orotherwise or arranges or offers or attempts to solicit or negotiate on behalfof others a sale, purchase, or exchange of an interest in new T&M vehicles,new and used T&M vehicles, or used T&M vehicles alone, whether or not the T&Mvehicles are owned by him;
2. Is wholly or partly engaged in the business of selling new T&M vehicles,new and used T&M vehicles, or used T&M vehicles only, whether or not the T&Mvehicles are owned by him; or
3. Offers to sell, sells, displays, or permits the display for sale, of fiveor more T&M vehicles within any twelve consecutive months.
The term "T&M vehicle dealer" does not include:
1. Receivers, trustees, administrators, executors, guardians, conservators orother persons appointed by or acting under judgment or order of any court ortheir employees when engaged in the specific performance of their duties asemployees.
2. Public officers, their deputies, assistants, or employees, whileperforming their official duties.
3. Persons other than business entities primarily engaged in the leasing orrenting of T&M vehicles to others when selling or offering such vehicles forsale at retail, disposing of T&M vehicles acquired for their own use andactually so used, when the T&M vehicles have been so acquired and used ingood faith and not for the purpose of avoiding the provisions of this chapter.
4. Persons dealing solely in the sale and distribution of fire-fightingequipment, ambulances, and funeral vehicles, including T&M vehicles adaptedtherefor; however, this exemption shall not exempt any person from theprovisions of §§ 46.2-1919, 46.2-1920 and 46.2-1949.
5. Any financial institution chartered or authorized to do business under thelaws of the Commonwealth or the United States which may have received titleto a T&M vehicle 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 T&Mvehicle.
6. An employee of an organization arranging for the purchase or lease by theorganization of T&M vehicles for use in the organization's business.
7. Any person licensed to sell real estate who sells a manufactured home orsimilar vehicle in conjunction with the sale of the parcel of land on whichthe manufactured home or similar vehicle is located.
8. Any person who permits the operation of a T&M vehicle show or permits thedisplay of T&M vehicles for sale by any T&M vehicle dealer licensed underthis chapter.
9. An insurance company authorized to do business in the Commonwealth thatsells or disposes of T&M vehicles under a contract with its insured in theregular course of business.
10. Any publication, broadcast, or other communications media when engaged inthe business of advertising, but not otherwise arranging for the sale of T&Mvehicles owned by others.
11. Any person dealing solely in the sale or lease of T&M vehicles designedexclusively for off-road use.
12. Any credit union authorized to do business in Virginia, provided thecredit union does not receive a commission, money, or other thing of valuedirectly from a T&M vehicle dealer.
13. Any person licensed as a manufactured home dealer, broker, manufacturer,or salesperson under Chapter 4.2 (§ 36-85.16 et seq.) of Title 36.
"T&M vehicle salesperson" or "salesperson" means any person who islicensed as and employed as a salesperson by a T&M vehicle dealer to sell orexchange T&M vehicles.
"T&M vehicle show" means a display of T&M vehicles to the general public ata location other than a dealer's location licensed under this chapter wherethe T&M vehicles are not being offered for sale or exchange during or as partof the display.
"Travel trailer" means a vehicle designed to provide temporary livingquarters of such size or weight as not to require special highway movementpermits when towed by a motor vehicle and having a gross trailer area lessthan 320 square feet.
"Used T&M vehicle" means any T&M vehicle other than a new T&M vehicle asdefined in this section.
"Wholesale auction" means an auction of T&M vehicles restricted to sales atwholesale.
(1995, cc. 767, 816; 1996, cc. 1043, 1052; 1997, cc. 801, 848; 1999, c. 77.)
Unless the context otherwise requires, the following words and terms for thepurpose of this chapter shall have the following meanings:
"Certificate of origin" means the document provided by the manufacturer ofa new T&M vehicle, or its distributor, which is the only valid indication ofownership between the manufacturer, its distributor, its franchised T&Mvehicle dealers, and the original purchaser not for resale.
"Dealer-operator" means the individual who works at the established placeof business of a dealer and who is responsible for and in charge ofday-to-day operations of that place of business.
"Distributor" means a person who sells or distributes new T&M vehiclespursuant to a written agreement with the manufacturer, to franchised T&Mvehicle dealers in the Commonwealth.
"Distributor branch" means a branch office maintained by a distributor forthe sale of T&M vehicles to T&M vehicle dealers or for directing orsupervising, in whole or in part, its representatives in the Commonwealth.
"Distributor representative" means a person employed by a distributor or bya distributor branch, for the purpose of making or promoting the sale of T&Mvehicles or for supervising or contacting its dealers, prospective dealers,or representatives in the Commonwealth.
"Factory branch" means a branch office maintained by a person for the saleof T&M vehicles to distributors or for the sale of T&M vehicles to T&Mvehicle dealers, or for directing or supervising, in whole or in part, itsrepresentatives in the Commonwealth.
"Factory representative" means a person employed by a person whomanufactures or assembles T&M vehicles, or by a factory branch for thepurpose of making or promoting the sale of its T&M vehicles, or forsupervising or contacting its dealers, prospective dealers, orrepresentatives in the Commonwealth.
"Factory repurchase T&M vehicle" means a T&M vehicle sold, leased, rented,consigned, or otherwise transferred to a person under an agreement that theT&M vehicle will be resold or otherwise retransferred only to themanufacturer or distributor of the T&M vehicle, and which is reacquired bythe manufacturer or distributor, or its agents.
"Family member" means a person who either (i) is the spouse, child,grandchild, spouse of a child, spouse of a grandchild, brother, sister, orparent of the dealer or owner, or (ii) has been employed continuously by thedealer for at least five years.
"Franchise" means a written contract or agreement between two or morepersons whereby one person, the franchisee, is granted the right to engage inthe business of offering and selling, servicing, or offering, selling, andservicing new T&M vehicles of a particular line-make or late model or factoryrepurchase T&M vehicles of a particular line-make manufactured or distributedby the grantor of the right, the franchisor, and where the operation of thefranchisee's business is substantially associated with the franchisor'strademark, trade name, advertising, or other commercial symbol designatingthe franchisor, the T&M vehicle or its manufacturer or distributor. The termshall 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 T&M vehicle dealer" means adealer in late model or factory repurchase T&M vehicles, including afranchised new T&M vehicle dealer, that has a franchise agreement with amanufacturer or distributor of the line-make of the late model or factoryrepurchase T&M vehicles.
"Franchised T&M vehicle dealer" or "franchised dealer" means a dealer innew T&M vehicles that has a franchise agreement with a manufacturer ordistributor of new T&M vehicles.
"Independent T&M vehicle dealer" means a dealer in used T&M vehicles.
"Late model T&M vehicle" means a T&M vehicle of the current model year andthe immediately preceding model year.
"Manufacturer" means a person engaged in the business of constructing orassembling new T&M vehicles or a person engaged in the business ofmanufacturing engines, power trains, or rear axles, when such engines, powertrains, or rear axles are not warranted by the final manufacturer orassembler of the motor home.
"Motor home" means a motor vehicle with a normal seating capacity of notmore than ten persons, including the driver, designed primarily for use asliving quarters for human beings.
"Motor vehicle dealer," "motor vehicle manufacturer," "motor vehiclefactory branch," "motor vehicle distributor," "motor vehicle distributorbranch," "motor vehicle factory representative," and "motor vehicledistributor representative" mean the same as provided in § 46.2-1500.
"New T&M vehicle" means any T&M vehicle which (i) has not been previouslysold except in good faith for the purpose of resale, (ii) has not been usedas a rental, driver education, or demonstration T&M vehicle, or for thepersonal and business transportation of the manufacturer, distributor,dealer, or any of his employees, (iii) has not been used except for limiteduse necessary in moving or road testing the T&M vehicle prior to delivery toa customer, (iv) is transferred by a certificate of origin, and (v) has themanufacturer's certification that it conforms to all applicable federal T&Mvehicle safety and emission standards. Notwithstanding provisions (i) and(iii), a T&M vehicle that has been previously sold but not titled shall bedeemed a new T&M vehicle if it meets the requirements of provisions (ii),(iv), and (v) of this definition.
"Original license" means a T&M vehicle dealer license issued to anapplicant who has never been licensed as a T&M vehicle dealer in Virginia orwhose Virginia T&M vehicle dealer license has been expired for more thanthirty days.
"Relevant market area" means as follows:
1. In metropolitan localities with a population of 250,000, the relevantmarket area shall be a circular area around an existing franchised dealer notto exceed a radius of ten miles, but in no case less than seven miles.
2. If the population in an area within a radius of ten miles around anexisting franchised dealer is less than 250,000, but the population in anarea within a radius of fifteen miles around an existing franchised dealer is150,000 or more, the relevant market area shall be that area within thefifteen-mile radius.
3. In all other cases the relevant market area shall be an area within aradius of twenty miles around an existing franchised dealer or the area ofresponsibility defined in the franchise, whichever is greater. In any casewhere the franchise agreement is silent as to area responsibility, therelevant market area shall be the greater of an area within a radius oftwenty miles around an existing franchised dealer or that area in which thefranchisor otherwise requires the franchisee to make significant retail salesor sales efforts.
In determining population for this definition, the most recent census by theU.S. Bureau of the Census or the most recent population update, either fromthe National Planning Data Corporation or other similar recognized source,shall be accumulated for all census tracts either wholly or partially withinthe relevant market area.
"Retail installment sale" means every sale of one or more T&M vehicles to abuyer for his use and not for resale, in which the price of the T&M vehicleis payable in one or more installments and in which the seller has eitherretained title to the goods or has taken or retained a security interest inthe 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" means the act or attempted act ofselling, bartering, exchanging, or otherwise disposing of a T&M vehicle to abuyer for his personal use and not for resale.
"Sale at wholesale" or "wholesale" means a sale to T&M vehicle dealers orwholesalers other than to consumers, or a sale to one who intends to resell.
"T&M vehicle" means motor homes and travel trailers as defined in thissection.
"T&M vehicle dealer" or "dealer" means any person who:
1. For commission, money, or other thing of value, buys, sells, exchanges,either outright or on conditional sale, bailment lease, chattel mortgage, orotherwise or arranges or offers or attempts to solicit or negotiate on behalfof others a sale, purchase, or exchange of an interest in new T&M vehicles,new and used T&M vehicles, or used T&M vehicles alone, whether or not the T&Mvehicles are owned by him;
2. Is wholly or partly engaged in the business of selling new T&M vehicles,new and used T&M vehicles, or used T&M vehicles only, whether or not the T&Mvehicles are owned by him; or
3. Offers to sell, sells, displays, or permits the display for sale, of fiveor more T&M vehicles within any twelve consecutive months.
The term "T&M vehicle dealer" does not include:
1. Receivers, trustees, administrators, executors, guardians, conservators orother persons appointed by or acting under judgment or order of any court ortheir employees when engaged in the specific performance of their duties asemployees.
2. Public officers, their deputies, assistants, or employees, whileperforming their official duties.
3. Persons other than business entities primarily engaged in the leasing orrenting of T&M vehicles to others when selling or offering such vehicles forsale at retail, disposing of T&M vehicles acquired for their own use andactually so used, when the T&M vehicles have been so acquired and used ingood faith and not for the purpose of avoiding the provisions of this chapter.
4. Persons dealing solely in the sale and distribution of fire-fightingequipment, ambulances, and funeral vehicles, including T&M vehicles adaptedtherefor; however, this exemption shall not exempt any person from theprovisions of §§ 46.2-1919, 46.2-1920 and 46.2-1949.
5. Any financial institution chartered or authorized to do business under thelaws of the Commonwealth or the United States which may have received titleto a T&M vehicle 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 T&Mvehicle.
6. An employee of an organization arranging for the purchase or lease by theorganization of T&M vehicles for use in the organization's business.
7. Any person licensed to sell real estate who sells a manufactured home orsimilar vehicle in conjunction with the sale of the parcel of land on whichthe manufactured home or similar vehicle is located.
8. Any person who permits the operation of a T&M vehicle show or permits thedisplay of T&M vehicles for sale by any T&M vehicle dealer licensed underthis chapter.
9. An insurance company authorized to do business in the Commonwealth thatsells or disposes of T&M vehicles under a contract with its insured in theregular course of business.
10. Any publication, broadcast, or other communications media when engaged inthe business of advertising, but not otherwise arranging for the sale of T&Mvehicles owned by others.
11. Any person dealing solely in the sale or lease of T&M vehicles designedexclusively for off-road use.
12. Any credit union authorized to do business in Virginia, provided thecredit union does not receive a commission, money, or other thing of valuedirectly from a T&M vehicle dealer.
13. Any person licensed as a manufactured home dealer, broker, manufacturer,or salesperson under Chapter 4.2 (§ 36-85.16 et seq.) of Title 36.
"T&M vehicle salesperson" or "salesperson" means any person who islicensed as and employed as a salesperson by a T&M vehicle dealer to sell orexchange T&M vehicles.
"T&M vehicle show" means a display of T&M vehicles to the general public ata location other than a dealer's location licensed under this chapter wherethe T&M vehicles are not being offered for sale or exchange during or as partof the display.
"Travel trailer" means a vehicle designed to provide temporary livingquarters of such size or weight as not to require special highway movementpermits when towed by a motor vehicle and having a gross trailer area lessthan 320 square feet.
"Used T&M vehicle" means any T&M vehicle other than a new T&M vehicle asdefined in this section.
"Wholesale auction" means an auction of T&M vehicles restricted to sales atwholesale.
(1995, cc. 767, 816; 1996, cc. 1043, 1052; 1997, cc. 801, 848; 1999, c. 77.)
Unless the context otherwise requires, the following words and terms for thepurpose of this chapter shall have the following meanings:
"Certificate of origin" means the document provided by the manufacturer ofa new T&M vehicle, or its distributor, which is the only valid indication ofownership between the manufacturer, its distributor, its franchised T&Mvehicle dealers, and the original purchaser not for resale.
"Dealer-operator" means the individual who works at the established placeof business of a dealer and who is responsible for and in charge ofday-to-day operations of that place of business.
"Distributor" means a person who sells or distributes new T&M vehiclespursuant to a written agreement with the manufacturer, to franchised T&Mvehicle dealers in the Commonwealth.
"Distributor branch" means a branch office maintained by a distributor forthe sale of T&M vehicles to T&M vehicle dealers or for directing orsupervising, in whole or in part, its representatives in the Commonwealth.
"Distributor representative" means a person employed by a distributor or bya distributor branch, for the purpose of making or promoting the sale of T&Mvehicles or for supervising or contacting its dealers, prospective dealers,or representatives in the Commonwealth.
"Factory branch" means a branch office maintained by a person for the saleof T&M vehicles to distributors or for the sale of T&M vehicles to T&Mvehicle dealers, or for directing or supervising, in whole or in part, itsrepresentatives in the Commonwealth.
"Factory representative" means a person employed by a person whomanufactures or assembles T&M vehicles, or by a factory branch for thepurpose of making or promoting the sale of its T&M vehicles, or forsupervising or contacting its dealers, prospective dealers, orrepresentatives in the Commonwealth.
"Factory repurchase T&M vehicle" means a T&M vehicle sold, leased, rented,consigned, or otherwise transferred to a person under an agreement that theT&M vehicle will be resold or otherwise retransferred only to themanufacturer or distributor of the T&M vehicle, and which is reacquired bythe manufacturer or distributor, or its agents.
"Family member" means a person who either (i) is the spouse, child,grandchild, spouse of a child, spouse of a grandchild, brother, sister, orparent of the dealer or owner, or (ii) has been employed continuously by thedealer for at least five years.
"Franchise" means a written contract or agreement between two or morepersons whereby one person, the franchisee, is granted the right to engage inthe business of offering and selling, servicing, or offering, selling, andservicing new T&M vehicles of a particular line-make or late model or factoryrepurchase T&M vehicles of a particular line-make manufactured or distributedby the grantor of the right, the franchisor, and where the operation of thefranchisee's business is substantially associated with the franchisor'strademark, trade name, advertising, or other commercial symbol designatingthe franchisor, the T&M vehicle or its manufacturer or distributor. The termshall 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 T&M vehicle dealer" means adealer in late model or factory repurchase T&M vehicles, including afranchised new T&M vehicle dealer, that has a franchise agreement with amanufacturer or distributor of the line-make of the late model or factoryrepurchase T&M vehicles.
"Franchised T&M vehicle dealer" or "franchised dealer" means a dealer innew T&M vehicles that has a franchise agreement with a manufacturer ordistributor of new T&M vehicles.
"Independent T&M vehicle dealer" means a dealer in used T&M vehicles.
"Late model T&M vehicle" means a T&M vehicle of the current model year andthe immediately preceding model year.
"Manufacturer" means a person engaged in the business of constructing orassembling new T&M vehicles or a person engaged in the business ofmanufacturing engines, power trains, or rear axles, when such engines, powertrains, or rear axles are not warranted by the final manufacturer orassembler of the motor home.
"Motor home" means a motor vehicle with a normal seating capacity of notmore than ten persons, including the driver, designed primarily for use asliving quarters for human beings.
"Motor vehicle dealer," "motor vehicle manufacturer," "motor vehiclefactory branch," "motor vehicle distributor," "motor vehicle distributorbranch," "motor vehicle factory representative," and "motor vehicledistributor representative" mean the same as provided in § 46.2-1500.
"New T&M vehicle" means any T&M vehicle which (i) has not been previouslysold except in good faith for the purpose of resale, (ii) has not been usedas a rental, driver education, or demonstration T&M vehicle, or for thepersonal and business transportation of the manufacturer, distributor,dealer, or any of his employees, (iii) has not been used except for limiteduse necessary in moving or road testing the T&M vehicle prior to delivery toa customer, (iv) is transferred by a certificate of origin, and (v) has themanufacturer's certification that it conforms to all applicable federal T&Mvehicle safety and emission standards. Notwithstanding provisions (i) and(iii), a T&M vehicle that has been previously sold but not titled shall bedeemed a new T&M vehicle if it meets the requirements of provisions (ii),(iv), and (v) of this definition.
"Original license" means a T&M vehicle dealer license issued to anapplicant who has never been licensed as a T&M vehicle dealer in Virginia orwhose Virginia T&M vehicle dealer license has been expired for more thanthirty days.
"Relevant market area" means as follows:
1. In metropolitan localities with a population of 250,000, the relevantmarket area shall be a circular area around an existing franchised dealer notto exceed a radius of ten miles, but in no case less than seven miles.
2. If the population in an area within a radius of ten miles around anexisting franchised dealer is less than 250,000, but the population in anarea within a radius of fifteen miles around an existing franchised dealer is150,000 or more, the relevant market area shall be that area within thefifteen-mile radius.
3. In all other cases the relevant market area shall be an area within aradius of twenty miles around an existing franchised dealer or the area ofresponsibility defined in the franchise, whichever is greater. In any casewhere the franchise agreement is silent as to area responsibility, therelevant market area shall be the greater of an area within a radius oftwenty miles around an existing franchised dealer or that area in which thefranchisor otherwise requires the franchisee to make significant retail salesor sales efforts.
In determining population for this definition, the most recent census by theU.S. Bureau of the Census or the most recent population update, either fromthe National Planning Data Corporation or other similar recognized source,shall be accumulated for all census tracts either wholly or partially withinthe relevant market area.
"Retail installment sale" means every sale of one or more T&M vehicles to abuyer for his use and not for resale, in which the price of the T&M vehicleis payable in one or more installments and in which the seller has eitherretained title to the goods or has taken or retained a security interest inthe 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" means the act or attempted act ofselling, bartering, exchanging, or otherwise disposing of a T&M vehicle to abuyer for his personal use and not for resale.
"Sale at wholesale" or "wholesale" means a sale to T&M vehicle dealers orwholesalers other than to consumers, or a sale to one who intends to resell.
"T&M vehicle" means motor homes and travel trailers as defined in thissection.
"T&M vehicle dealer" or "dealer" means any person who:
1. For commission, money, or other thing of value, buys, sells, exchanges,either outright or on conditional sale, bailment lease, chattel mortgage, orotherwise or arranges or offers or attempts to solicit or negotiate on behalfof others a sale, purchase, or exchange of an interest in new T&M vehicles,new and used T&M vehicles, or used T&M vehicles alone, whether or not the T&Mvehicles are owned by him;
2. Is wholly or partly engaged in the business of selling new T&M vehicles,new and used T&M vehicles, or used T&M vehicles only, whether or not the T&Mvehicles are owned by him; or
3. Offers to sell, sells, displays, or permits the display for sale, of fiveor more T&M vehicles within any twelve consecutive months.
The term "T&M vehicle dealer" does not include:
1. Receivers, trustees, administrators, executors, guardians, conservators orother persons appointed by or acting under judgment or order of any court ortheir employees when engaged in the specific performance of their duties asemployees.
2. Public officers, their deputies, assistants, or employees, whileperforming their official duties.
3. Persons other than business entities primarily engaged in the leasing orrenting of T&M vehicles to others when selling or offering such vehicles forsale at retail, disposing of T&M vehicles acquired for their own use andactually so used, when the T&M vehicles have been so acquired and used ingood faith and not for the purpose of avoiding the provisions of this chapter.
4. Persons dealing solely in the sale and distribution of fire-fightingequipment, ambulances, and funeral vehicles, including T&M vehicles adaptedtherefor; however, this exemption shall not exempt any person from theprovisions of §§ 46.2-1919, 46.2-1920 and 46.2-1949.
5. Any financial institution chartered or authorized to do business under thelaws of the Commonwealth or the United States which may have received titleto a T&M vehicle 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 T&Mvehicle.
6. An employee of an organization arranging for the purchase or lease by theorganization of T&M vehicles for use in the organization's business.
7. Any person licensed to sell real estate who sells a manufactured home orsimilar vehicle in conjunction with the sale of the parcel of land on whichthe manufactured home or similar vehicle is located.
8. Any person who permits the operation of a T&M vehicle show or permits thedisplay of T&M vehicles for sale by any T&M vehicle dealer licensed underthis chapter.
9. An insurance company authorized to do business in the Commonwealth thatsells or disposes of T&M vehicles under a contract with its insured in theregular course of business.
10. Any publication, broadcast, or other communications media when engaged inthe business of advertising, but not otherwise arranging for the sale of T&Mvehicles owned by others.
11. Any person dealing solely in the sale or lease of T&M vehicles designedexclusively for off-road use.
12. Any credit union authorized to do business in Virginia, provided thecredit union does not receive a commission, money, or other thing of valuedirectly from a T&M vehicle dealer.
13. Any person licensed as a manufactured home dealer, broker, manufacturer,or salesperson under Chapter 4.2 (§ 36-85.16 et seq.) of Title 36.
"T&M vehicle salesperson" or "salesperson" means any person who islicensed as and employed as a salesperson by a T&M vehicle dealer to sell orexchange T&M vehicles.
"T&M vehicle show" means a display of T&M vehicles to the general public ata location other than a dealer's location licensed under this chapter wherethe T&M vehicles are not being offered for sale or exchange during or as partof the display.
"Travel trailer" means a vehicle designed to provide temporary livingquarters of such size or weight as not to require special highway movementpermits when towed by a motor vehicle and having a gross trailer area lessthan 320 square feet.
"Used T&M vehicle" means any T&M vehicle other than a new T&M vehicle asdefined in this section.
"Wholesale auction" means an auction of T&M vehicles restricted to sales atwholesale.
(1995, cc. 767, 816; 1996, cc. 1043, 1052; 1997, cc. 801, 848; 1999, c. 77.)
