CHAPTER 590

AN ACT to amend and reenact § 46-508 of the Code of 1959,
relating to the definitions of new motor vehicles and used
motor vehicles.

{[ H 579 ]

Approved April 11, 1950

Be it enacted by the General Assembly of Virginia:

1. That § 46-503 of the Code of 1950 be amended and re
enacted as follows:

§ 46-503. Definitions—Unless the context otherwise re-
quires, the following words and terms for the purpose of this
chapter shall have the following meanings:

(1) “Motor vehicle’ means any motor propelled vehicle,
trailer or semitrailer, required to be registered under the laws
of this State.

(a) “New motor vehicle” means a motor vehicle which has
been titled thirty (80) days or less in other than its manufac-
turer’s or licensed new motor vehicle dealer’s name or has not
been driven more than five hundred (500) miles.

(b) “Used motor vehicle’ means a motor vehicle other
than described in paragraph (1) (a) above.

(2) “Motor vehicle dealer’ and “dealer”? mean any per-
son who:
(a) For commission, money or other thing of value, buys,
sells, exchanges, either outright or on conditional sale, bailment
lease, chattel mortgage or otherwise howsoever, or offers or at-
tempts to negotiate a sale or exchange of an interest in, new
motor vehicles or new and used motor vehicles or used motor
vehicles alone. .

(b) 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, partnership, association or corporation.

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

(i) Receivers, trustees, administrators, executors, guardi-
ans 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.

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

(iii) Persons disposing of motor vehicles acquired for their
use and actually so used, when the same shall have been so ac-
quired and used in good faith and not for the purpose of avoid-
ing the provisions of this chapter.

(iiii) Persons dealing solely in the sale and distribution
of fire fighting equipment including motor vehicles adapted
therefor; provided that the exemption granted under this para-
graph shall not extend to exempt any such person from the pro-
visions of §§ 46-515 and 46-516.

(3) “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 en-
gaged, wholly or in part, in the business of selling, new or new
and used motor vehicles.
| (4) “Used motor vehicle dealer’? means a motor vehicle
dealer who buys, sells or exchanges, or offers or attempts to ne-
gotiate a sale or exchange of an interest in, or who is engaged,
wnoly or in part, in the business of selling, used motor vehicles
only.

(5) “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.

(6) “Manufacturer” means any person, resident or non-
resident in this State, who manufacturers or assembles motor
vehicles.

(7) “Distributor” or “wholesaler” means a person, resi-
dent or nonresident in this State, who in whole or in part, sells
or distributes motor vehicles to motor vehicle dealers in this
State or who maintains a distributor representative in this State.
(8) ‘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 direct-
ing or supervising, in whole or in part, its representatives in
this State.

(9) “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.

(10) “Factory representative” means a person employed by
a person who manufactures or assembles motor vehicles or by a
factory branch for the purpose of making or promoting the sale
of its motor vehicles or for supervising or contacting its deal-
ers, prospective dealers, or representatives in this State.

(11) “Distributor representative’ means a person em-
ployed by a distributor or wholesaler, or by a distributor branch,
for the purpose of making or promoting the sale of motor vehi-
cles dealt in by it or for supervising or contacting its dealers,
prospective dealers, or representatives in this State.

(12) “Established place of business” means a salesroom
in a permanent enclosed building or structure, either owned in
fee or leased, at which a permanent business of bartering, trad-
ing 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. It shall not mean residence, tents, tem-
porary stands or other temporary quarters, nor permanent
quarters occupied pursuant to any temporary arrangement, de-
voted principally to the business of a motor vehicle dealer, as
herein defined.

(13) “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 installments over a period of time and in which the seller
has either retained title to the goods or has taken or retained a
security interest in the goods under form of contract designated
either as a conditional sale, bailment lease, chattel mortgage or
otherwise.

(14) ‘Commissioner’ means the Commissioner of the Divi-
sion of Motor Vehicles, or his duly authorized agent.

(15) “Division” means the Division «f Motor Vehicles.

(16) “Person” means any individual, copartnership, firm,
association, joint stock company, corporation, or combination of
individuals of whatsoever form and character.

(17) Number.—Words used in the singular shall include
the plural, and the plural] the singular.
(18) Gender.—Words used in the masculine gender shall
ide the feminine and neuter.

(19) Tense.—Words used in the past or present tense,
1 include the future.