Chap. 300.—An ACT to amend and reenact Section 2 of the Virginia Motor
Vehicle Dealer Licensing Act which provided for the regulation of the
business of distributing and selling of motor vehicles, the section relating to
definitions. (S 81]

Approved March 17, 1948

Be it enacted by the General Assembly of Virginia:

1. That section two of The Virginia Motor Vehicle Dealer
Licensing Act be amended and reenacted as follows:

Section 2. Definitions——Unless the context otherwise requires,
the following words and terms for the purpose of this act, shall
have the following meanings:
(a) “Motor vehicle” means any motor propelled vehicle, trail-
er or semi-trailer, required to be registered under the laws of this
State. .

(b) “Motor vehicle dealer” and “dealer” means any person
who:

(1) For commission, money or other thing of value, buys, sells,
or exchanges, either outright or on conditional sale, bailment lease,
chattel mortgage or otherwise howsoever, or offers or attempts to
negotiate a sale or exchange of an interest in, new motor vehicles,
or new and used motor vehicles, or used motor vehicles alone.

(2) Is engaged, wholly or in part, in the business of selling
new motor vehicles, or new and used motor vehicles, or used
motor vehicles only, whether or not such motor vehicles are owned
by such person, copartnership, association or corporation.

The term “motor vehicle dealer” or “dealer” does not include:

(1) Receivers, trustees, administrators, executors, guardians
or other persons appointed by or acting under judgment or order
of any court, or their employees when engaged in the specific
performance of their duties as such employees.

(2) Public officers, their deputies, assistants or employees,
while performing their official duties.

(3) Persons disposing of motor vehicles acquired for their
own use and actually so used, when the same shall have been so
acquired and used in good faith and not for the purpose of avoiding
the provisions of this act.

(4) Persons dealing solely in the sale and distribution of fire-
fighting equipment including motor vehicles adapted therefor;
provided that the exemption granted under this paragraph shall not
extend to exempt any such person from the provisions of section
five of this act.

(c) “New motor vehicle dealer” means a motor vehicle dealer
who buys, sells or exchanges, or offers or attempts to negotiate
a sale or exchange of an interest in, or who is engaged, wholly or
in part, in the business of selling, new or new and used motor
vehicles.

(d) “Used motor vehicle dealer” means a motor vehicle dealer
who buys, sells or exchanges, or offers or attempts to negotiate
a sale or exchange of an interest in, or who is engaged, wholly or in
part, in the business of selling, used motor vehicles only.

(e) “Motor vehicle salesman” or “salesman” means any person
who is employed as a salesman by, or has an agreement with, a
motor vehicle dealer, to sell or exchange motor vehicles.

(f) “Manufacturer” means any person, resident or nonresident
in this State, who manufactures or assembles motor vehicles.

(g) “Distributor” and “wholesaler” means a person, resident
or nonresident in this State, who in whole or in part, sells or dis-
tributes motor vehicles to motor vehicle dealers in this State, or
who maintains a distributor representative in this State.
(h) “Factory branch” means a branch office, maintained by a
person, for the sale of motor vehicles to distributors, or for the sale
of motor vehicles to motor vehicle dealers, or for directing or super-
vising, in whole or in part, its representatives in this State.

(5 “Distributor branch” means a branch office maintained
by a distributor or wholesaler, for the sale of motor vehicles to
motor vehicle dealers, or for directing or supervising, in whole or
in part, its representatives in this State.

(j) “Factory representative’ means a person employed by a
erson who manufactures or assembles motor vehicles, or by a
actory branch, for the purpose of making or promoting the sale

of its motor vehicles, or for supervising or contacting its dealers,
prospective dealers, or representatives in this State.

(k) “Distributor representative’ means a person employed by
a distributor or wholesaler, or by a distributor branch, for the
purpose of making or promoting the sale of motor vehicles dealt
in by it, or for supervising or contacting its dealers, prospective
dealers, or representatives in this State.

(1) “Established place of business” means a salesroom in a
pecnianent enclosed building or structure, either owned in fee or
eased, at which a permanent business of bartering, trading and
selling of motor vehicles will be carried on as such in good faith
and at which place of business shall be kept and maintained the
books, records and files necessary to conduct the business at such
place, and shall not mean residence, tents, temporary stands, or
other temporary quarters, nor permanent quarters occupied pur-
suant to any temporary arrangement, devoted principally to the
business of a motor vehicle dealer, as herein defined.

(m) “Retail installment sale” means and includes every sale
of one or more motor vehicles to a buyer for his use and not for
resale, in which the price thereof is payable in one or more install-
ments over a period of time and in which the seller has either re-
tained title to the goods or has taken or retained a security interest
in the goods under form of contract designated either as a condi-
tional sale, bailment lease, chattel mortgage or otherwise.

(n) “Commissioner” means the Commissioner of the Division
of Motor Vehicles, or his duly authorized agent.

(0) “Division” means the Division of Motor Vehicles,

(p) “Person” means any individual, copartnership, firm, asso-
ciation, joint stock company, corporation, or combination of indi-
viduals of whatsoever form and character.

(q) Words used in the singular shall include the plural, and
the plural the singular. Words used in the masculine gender shall
include the feminine and neuter. Words used in the past or present
tense, shall include the future.