CHAPTER 120

AN ACT to amend and reenact § 46-508, as amended, of the Code of Vir-
ginia, relating to the definitions of certain words and terms used in
Chapter 7 of Title 46 of the Code. CH 114]

Approved February 24, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 46-508, as amended, of the Code of Virginia, be amended and
reenacted as follows:

§ 46-503. Unless the context otherwise requires, 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 days or less in other than its manufacturer’s or licensed new motor
vehicle dealer’s name or has not been driven more than five hundred 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 person who:

(a) For commission, money or other thing of value, buys, sells, ex-
changes, 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.

(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, part-
nership, association or corporation.

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

(i) 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.

(ii) Public officers, their deputies, assistants or employees, while per-
forming their official duties.

(iii) 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
chapter.

(iiii) Persons dealing solely in the sale and distribution of fire-fight-
ing equipment, ambulances and funeral vehicles, including motor vehicles
adapted therefor; provided that the exemption granted under this para-
graph shall not extend to exempt any such person from the provisions of
8§ 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 ex-
change of an interest in, or who is engaged, 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 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.

(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 nonresident in
this State, who manufactures or assembles motor vehicles.

(7) “Distributor” or “wholesaler” means a person, resident or non-
resident 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 distribu-
tor 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 directing or supervising, in whole
or in part, its representatives in this State. oo,

(9) “Distributor branch” means a branch office maintained by @
distributor or wholesaler for the sale of motor vehicles to motor vehicle
dealers or for directing or supervising, in whole or in part, its representa-
tives 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 dealers, prospective dealers, or representa-
tives in this State.

(11) “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 super-
vising or contacting its dealers, prospective dealers, or representatives
in this State.

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

(13) “Retail instalment 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 instalments 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 Division of
Motor Vehicles, or his duly authorized agent.

(15) “Division” means the Division of Motor Vehicles.

(16) “Person” means any individual, copartnership, firm, associa-
tion, 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 include the
feminine and neuter.

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