Gavin Howe
The Virginia Motor Vehicle Dealer Licensing Act (Chapter 15 of Title 46.2 of the Code of Virginia) establishes the regulations and requirements for licensing and operating as a motor vehicle dealer in the state of Virginia. It covers various aspects, including the establishment of an established place of business, the certification of qualification for dealer-operators and salespeople, supplemental sales locations, advertising practices, and the administration of the Transaction Recovery Fund. The Motor Vehicle Dealer Board is responsible for implementing and enforcing these regulations, including the licensing and certification process, fee collection, and addressing violations or disputes. The Act also outlines the procedures for suspension, revocation, and renewal of licenses, as well as judicial review and appeals processes.
| Characteristics | Values |
|---|---|
| Name of the Act | Virginia Motor Vehicle Dealer Licensing Act |
| Administering Board | Motor Vehicle Dealer Board |
| Applicability | Motor vehicle dealers and motor vehicle salespersons |
| Requirements | Established place of business, internet connection, and email address |
| Licensing | Issued for 12 consecutive months, renewed annually |
| Fees | Vary based on the type of dealer and location |
| Violations | Class 1 misdemeanor, injunction, attorney fees and costs |
| Appeals | Court of Appeals |
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What You'll Learn
License suspension, revocation, and refusal to renew
The Motor Vehicle Dealer Board is authorised to revoke, suspend, or refuse to renew a certificate or license for just cause. In the event of a license being suspended, revoked, or not renewed, the sale of any new motor vehicle of the franchisor's line-make manufactured or brought into the Commonwealth prior to the suspension, revocation, or expiration of the license is still permitted.
Any person aggrieved by the Director's decision to refuse to grant or renew a license, or to suspend or revoke a license, is entitled to judicial review in accordance with the provisions of the Administrative Process Act. The Board may file a motion with the circuit court, and upon a hearing, the court may grant an injunction restraining the person from violating any provision of subsection A.
A single act in violation of the provisions of subsection A is sufficient to show injury or damage to the business or property of the licensed motor vehicle dealer. If the Board or a licensed motor vehicle dealer is awarded an injunction, the court may also award reasonable attorney fees and costs.
The Virginia Motor Vehicle Dealer Licensing Act also outlines that applicants who are denied a license and licensees against whom the Board takes action are entitled to a hearing process, as outlined in the Administrative Process Act.
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Requirements for dealer registration
The Virginia Motor Vehicle Dealer Board is responsible for overseeing the licensing and regulation of motor vehicle dealers in the state. The Board establishes the qualifications for applicants seeking certification or licensure, and it is also authorised to certify or license qualified applicants as motor vehicle dealers and salespersons.
To be eligible for a dealer registration certificate, applicants must have an established place of business. The Board may also require applicants to undergo additional training or meet specific conditions before issuing a license.
Dealer certificates of license are typically issued for a period of twelve consecutive months. However, the Director has the discretion to adjust this period to distribute certificates more evenly on a monthly basis. Each certificate must be renewed annually upon application by the owner and payment of the required fees.
The Board also has the authority to revoke, suspend, or refuse to renew a license for just cause. If a dealer's license is suspended, revoked, or not renewed, they are still permitted to sell any new motor vehicle of their line-make that was manufactured or brought into the Commonwealth before the suspension, revocation, or expiration of the license.
In addition to the general requirements, there are specific provisions for watercraft trailer dealers. The fee for a watercraft trailer dealer license is $100, and this is in addition to any other licenses, taxes, and fees imposed by law.
The Virginia Motor Vehicle Dealer Board also mandates that all motor vehicle dealers in the state must have an internet connection and an email address at their established place of business during business hours to increase efficiency and facilitate better communication.
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Licensing fees
The Virginia Dealer Licensing Act outlines the requirements and regulations for dealers in the state, including licensing fees. These fees vary depending on the type of dealership and the nature of the license.
For watercraft dealer licenses, the law sets a maximum fee of $75 for each principal place of business and an additional $25 for a supplemental license if the lot is more than 25 yards distant from the principal place of business. These licenses are valid for twelve consecutive months and must be renewed annually. The fee for a temporary supplemental license, which is required to display or sell watercraft at a show for up to 14 days, is not mentioned but is likely included in the above fees.
Watercraft trailer dealers are subject to a fee not exceeding $100. Nonprofit organizations granted a certificate under specific provisions are required to pay a fee of $25 per year or any part thereof.
The Motor Vehicle Dealer Board is authorized to establish qualifications for applicants, certify and license them, and collect fees for certification, recertification, licensure, and renewal. These fees are in addition to other taxes and licenses that may be required by law.
The Board may also make regulations requiring licensed dealers to maintain records for enforcement and administration, and they must provide a copy of these regulations to each watercraft dealer licensee at least ten days before they take effect.
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Advertising regulations
The Virginia Motor Vehicle Dealer Licensing Act (Chapter 15 of Title 46.2 of the Code of Virginia) authorises the Motor Vehicle Dealer Board to enforce advertising regulations and practices. These regulations are designed to assist dealers in complying with the Motor Vehicle Dealer (MVDB) Advertising Practices and Enforcement Regulations.
The Motor Vehicle Dealer Board is responsible for establishing qualifications for applicants seeking certification or licensure under the Virginia Motor Vehicle Dealer Licensing Act. They are also authorised to certify or license qualified applicants as motor vehicle dealers and salespersons, as well as collect fees for certification, recertification, licensure, and renewal.
The Board's role in enforcing advertising practices includes assisting dealers in complying with the Motor Vehicle Dealer (MVDB) Advertising Practices and Enforcement Regulations. These regulations ensure that dealers conduct truthful advertising in their leasing and lending practices.
The Motor Vehicle Dealer Board also has the authority to promulgate regulations necessary for the effective administration and enforcement of the Act. This includes regulations specifying additional training or conditions for certification or licensure, as well as regulations enforcing advertising practices.
The Board's advertising regulations are designed to ensure that motor vehicle dealers engage in truthful and compliant advertising, promoting fair practices in the industry. These regulations cover a range of advertising activities and are enforced by the Motor Vehicle Dealer Board to maintain a level playing field for all dealers and protect consumers from misleading or deceptive advertising.
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Judicial review
The Virginia Motor Vehicle Dealer Licensing Act (Chapter 15 of Title 46.2 of the Code of Virginia) establishes the Motor Vehicle Dealer Board, which is authorised to certify or license qualified motor vehicle dealers and salespersons, as well as levy and collect fees. The Board can also revoke, suspend, or fail to renew a license for just cause.
The Watercraft Dealer Licensing Act, enacted in 1988, outlines the regulations for licensing watercraft dealers in Virginia. Under this Act, the Director is responsible for issuing dealer certificates of license, which are valid for twelve consecutive months and must be renewed annually. The Act also stipulates the requirements for obtaining a supplemental license and the associated fees.
The Act further empowers the Board to create regulations that ensure effective administration and enforcement. These regulations include requirements for record-keeping by licensees, which aid in addressing complaints and violations.
The Watercraft Dealer Licensing Act also provides for judicial review in cases where an individual is aggrieved by the Director's decision to refuse, renew, suspend, or revoke a license, or by any other action deemed improper, unreasonable, or unlawful. This review is conducted in accordance with the Administrative Process Act.
The right to appeal the court's decision to the Court of Appeals is granted to both parties, following the same procedures as other cases appealed as a matter of right. The Act also ensures that the legal remedy provided does not impair the right to applicable equitable relief.
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Frequently asked questions
The Virginia Dealer Licensing Act is a law that establishes the qualifications of applicants for certification or licensure as motor vehicle dealers and motor vehicle salespersons.
The Motor Vehicle Dealer Board enforces the Virginia Dealer Licensing Act.
The requirements to become a licensed motor vehicle dealer in Virginia include establishing qualifications, paying fees, and completing any necessary training or conditions for certification or licensure.
The purpose of the Virginia Dealer Licensing Act is to ensure that motor vehicle dealers and salespersons are qualified and certified to conduct business in the state of Virginia.
Yes, the Motor Vehicle Dealer Board has the authority to revoke, suspend, or fail to renew a certificate or license for just cause.
