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Codes and Regulations

Motor Vehicle Laws – A comprehensive list of Codes and Regulations for the Dealer Community and Consumers.

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Your comprehensive list of Codes and Regulations

Below you will find primary categories for the numerous codes and regulations you will need to be aware of as a license dealer or consumer. These categories include Advertising, Conduct of Business, Dealers and Dealer Plates, Hearings, Licensing and the Transaction Recovery Fund. 

Simply click on the tab category to view a list of codes and regulations.

 

Dealer Advertising can be complex and is heavily regulated.

This sub-section is designed to help Dealer get the answers they need regarding the enforced regulations in Dealer Advertising.

Title 46.2: Motor Vehicles

Chapter 15: Motor Vehicle Dealers

Article 9. Motor Vehicle Dealer Advertising

§ 46.2-1580. Description unavailable
§ 46.2-1581. Regulated advertising practices.

§ 46.2-1582. Enforcement; regulations.

Advertising Regulations (PDF)
Advertising Regulations from the Motor Vehicle Dealer Board (MVDB).

Truth In Leasing 
Assisting the dealer in complying with the Motor Vehicle Dealer (MVDB) Advertising Practices and Enforcement Regulations.

Truth In Lending 
Assisting the dealer in complying with the Motor Vehicle Dealer (MVDB) Advertising Practices and Enforcement Regulations.

Advertising Practices
Learn about the Motor Vehicle Dealer Advertising Practices and Regulations.

Title 46.2: Motor Vehicles

Chapter 15: Motor Vehicle Dealers

Article 4. Conduct of Business

§ 46.2-1528. Examination or audit of licensee; costs.
§ 46.2-1529. Dealer records.
§ 46.2-1529.1. Sales of used motor vehicles by dealers; disclosures; penalty.
§ 46.2-1530. Buyer’s order.
§ 46.2-1530.1. Purchaser’s on-line systems filing fee; collection and remittance.
§ 46.2-1530.2. (Effective January 1, 2006) Dealer’s manual transaction fee; use in special fund.
§ 46.2-1531. Consignment vehicles; contract.
§ 46.2-1532. Odometer disclosure; penalty.
§ 46.2-1532.1. Certain disclosures required by manufacturers and distributors.
§ 46.2-1533. Business hours.
§ 46.2-1534. Signs.
§ 46.2-1535. Advertisements.
§ 46.2-1536. Coercing purchaser to provide insurance coverage on motor vehicle; penalty.
§ 46.2-1537. Prohibited solicitation and compensation.
§ 46.2-1538. Salesman selling for other than his employer prohibited.
§ 46.2-1539. Inspection of vehicles required; penalty.
§ 46.2-1540. Inspections prior to sale not required of certain sellers.
§ 46.2-1541.
§ 46.2-1542. Temporary certificates of ownership.
§ 46.2-1543. Use of old license plates and registration number on another vehicle.
§ 46.2-1544. Certificate of title for dealers; penalty.
§ 46.2-1545. Termination of business.

Dealer Codes and Regulations

Title 46.2: Motor Vehicles Chapter 15: Motor Vehicle Dealers

Article 1. Motor Vehicle Dealers Generally

§ 46.2-1501. General powers of Commissioner
§ 46.2-1502. Repealed
§ 46.2-1503. Motor Vehicle Dealer Board.
§ 46.2-1503.1. Board to employ Executive Director.
§ 46.2-1503.2. State Personnel and Public Procurement Acts not applicable.
§ 46.2-1503.3. Motor Vehicle Dealer Board Fund; receipts; disbursements.
§ 46.2-1503.4. General powers and duties of Board.
§ 46.2-1503.5. Biennial report.
§ 46.2-1504. Board’s powers with respect to hearings under this chapter.
§ 46.2-1505. Suit to enjoin violations.
§ 46.2-1506.1. Additional training.
§ 46.2-1507. Penalties.

Title 46.2: Motor Vehicles

Chapter 15: Motor Vehicle Dealers

Article 5. Dealer’s License Plates

§ 46.2-1546. Registration of dealers; fees.
§ 46.2-1547. License under this chapter prerequisite to receiving dealer’s license plates; insurance required; Commissioner may revoke plates.
§ 46.2-1548. Transferable dealer’s license plates.
§ 46.2-1549. Dealer’s license plates to distinguish between various types of dealers.
§ 46.2-1549.1. Dealer’s promotional license plates.
§ 46.2-1550. Use of dealer’s license plates, generally.
§ 46.2-1550.1. Use of dealer’s license plates and temporary transport plates on certain vehicles.
§ 46.2-1550.2. Issuance and use of temporary transport plates, generally.
§ 46.2-1551. 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.
§ 46.2-1552. Use of dealer’s license plates on newly purchased vehicles.
§ 46.2-1552.1. Use of dealer’s license plates or temporary transport plates for demonstrating trucks or tractor trucks.
§ 46.2-1553. Operation without license plate prohibited.
§ 46.2-1554. Movement by manufacturer to place of shipment or delivery.
§ 46.2-1555. Movement by dealers to salesrooms.
§ 46.2-1556. Operation under foreign dealer’s license.
§ 46.2-1557. Use of certain foreign-registered motor vehicles in driver education programs.
§ 46.2-1557.1. Removal of plates by Department of Motor Vehicles investigators; cancellation; reissuance.
§ 46.2-1557.2. Penalties for violations of article; service of summons.

Article 6. Issuance of Temporary License Plates by Dealers.

§ 46.2-1558. Issuance of temporary license plates to dealers and vehicle owners.
§ 46.2-1559. Records to be kept by dealers; inspection.
§ 46.2-1560. Application for temporary license plate.
§ 46.2-1561. To whom temporary plates shall not be issued; dealer to forward application for current titling and registration; misstatements and false information.
§ 46.2-1562. Dealer to insert his name, date of issuance and expiration, make and identification number of vehicle.
§ 46.2-1563. Suspension of right of dealer to issue.
§ 46.2-1564. Plates to be destroyed on expiration.
§ 46.2-1565.  When plates to expire; refunds or credit.
§ 46.2-1565.1. Penalties.

Title 46.2: Motor Vehicles

Chapter 15: Motor Vehicle Dealers

Article 7. Franchises

§ 46.2-1566. Filing of franchises.
§ 46.2-1567. Exemption of franchises from Retail Franchising Act.
§ 46.2-1568. 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.
§ 46.2-1568.1. Discrimination by manufacturers or distributors prohibited.
§ 46.2-1569. Other coercion of dealers; transfer, grant, succession to and cancellation of dealer franchises; delivery of vehicles, parts, and accessories.
§ 46.2-1569.1. Manufacturer or distributor right of first refusal.
§ 46.2-1570. Discontinuation of distributors.
§ 46.2-1571. Warranty obligations.
§ 46.2-1572. Operation of dealership by manufacturer.
§ 46.2-1572.1. Ownership of service facilities.
§ 46.2-1572.2. Mediation of disputes.
§ 46.2-1572.3. Waiver prohibited.
§ 46.2-1572.4. Manufacturer or distributor use of performance standards.
§ 46.2-1573. Hearings and other remedies; civil penalties.
§ 46.2-1573.01. Recovery of attorney’s fees.

Article 7.1. Late Model and Factory Repurchase Franchises.

§ 46.2-1573.1. Late model and factory repurchase franchises.

Applicants who are denied a license and licensees against whom the Board takes action are entitled to the hearing process, as outlined in the Administrative Process Act. Also, individuals who are operating as a dealer without first being licensed have the right to a hearing if a civil penalty is assessed.

Title 46.2: Motor Vehicles

Chapter 15: Motor Vehicle Dealers

§ 46.2-1577 Appeals from actions of the Board.
§ 46.2-1578 Appeals to Court of Appeals; bond.
§ 46.2-1579 Equitable remedies not impaired.

CHAPTER 40

INDEPENDENT MOTOR VEHICLE DEALER OPERATOR RECERTIFICATION
REGULATIONS

View the full IDO-Recertification-Regulations here

Title 46.2: Motor Vehicles

Chapter 15: Motor Vehicle Dealers

Article 2. Motor Vehicle Dealer Licenses

§ 46.2-1508. Licenses required.
§ 46.2-1508.1. Licensure of certain nonprofit organizations.
§ 46.2-1509. Application for license or certificate of dealer registration.
§ 46.2-1510. Dealers required to have established place of business.
§ 46.2-1511. (Effective until January 1, 2006) Dealer-operator to have certificate of qualification.
§ 46.2-1512. Salesperson to have certificate of qualification.
§ 46.2-1513. Continued operation on loss of a dealer-operator holding certificate of qualification.
§ 46.2-1514. Action on applications; hearing on denial; denial for failure to have established place of business.
§ 46.2-1515. Location to be specified; display of license; change of location.
§ 46.2-1516. Supplemental sales locations.
§ 46.2-1517. Changes in form of ownership, make, name.
§ 46.2-1518. Display of salesperson’s license; notice on termination.
§ 46.2-1519. License and registration fees; additional to other licenses and fees required by law.
§ 46.2-1520. Collection of license and registration fees; payments from fund.
§ 46.2-1521. Issuance, expiration, and renewal of licenses and certificates of registration.

Title 46.2: Motor Vehicles

Chapter 15: Motor Vehicle Dealers

Article 3. Motor Vehicle Transaction Recovery Fund.

§§ 46.2-1522 through 46.2-1527. Repealed by Acts 1994, c. 478, effective April 8, 1994.
§ 46.2-1527.1 Motor Vehicle Transaction Recovery Fund established.
§ 46.2-1527.2 Bonding requirements for applicants for an original license.
§ 46.2-1527.3 Recovery from Fund, generally.
§ 46.2-1527.4 Opportunity to intervene.
§ 46.2-1527.5 Limitations on recovery from Fund.
§ 46.2-1527.6 Assignment of claimant’s rights to the Board; payment of claims.
§ 46.2-1527.7 Revocation of license or certificate of registration on payment from the Fund.
§ 46.2-1527.8 No waiver by the Board of disciplinary action against licensee or registrant.
§ 46.2-1527.9 Continuous bonding requirements for Fund nonparticipants.
§ 46.2-1527.10 Recovery on bond.
§ 46.2-1527.11 No waiver by the Board of disciplinary action against licensee or registrant.

Title 46.2: Motor Vehicles

Chapter 15: Motor Vehicle Dealers

Article 8. Denial, Suspension, and Revocation of Dealer Licenses.

§ 46.2-1574. Acts of officers, directors, partners, and salespersons.
§ 46.2-1575. Grounds for denying, suspending, or revoking licenses or certificates of dealer registration or qualification.
§ 46.2-1576. Suspension, revocation, and refusal to renew licenses or certificates of dealer registration or qualification; notice and hearing.
§ 46.2-1577. Appeals from actions of the Board.
§ 46.2-1578. Appeals to Court of Appeals; bond.
§ 46.2-1579. Equitable remedies not impaired.

Publications, Reports and Information

Guidance Memorandums

General Information Items

Email Compliance Form for VA Motor Vehicle Dealers : July 2013
Effective July 1, 2013 the law (§46.2-1510.4) mandates that all Virginia Motor Vehicle Dealers be required to have an Internet connection and email address at their established place of business during business hours. The purpose of this legislation is to increase efficiencies, and facilitate better communication.

Salesperson Resolution :January 2003
MVDB Approved Resolution stating that all salespersons must be employees and be issued an IRS form W-2.

Salespersons Must Be Employees : March 2008

“… (i) any person who is hired as an employee by a motor vehicle dealer to sell or exchange motor vehicles and who receives or expects to receive a commission, fee, or any other consideration from the dealer…

IRS Publications 1779

How and when a licensed salesperson can use dealer tags is a function of their employment status with your dealership.

Guidelines for Maintaining Records and Storing Records Off-Site : October 2007

$10 Salesperson Transaction Recovery Fund Fee No Longer Required

Internet Task Force Policy
Virginia Motor Vehicle Dealer Board Internet Task Force Report.

FTC Red Flag Rule

National Auto Fraud and Theft Prevention System Goes Live

National Motor Vehicle Title Information System (NMVTIS)

Dealer Manual

Internet Access Report : December 2011

Transaction Recovery Fund Report : October 2011