CHAPTER 368

An Act to amend and reenact 8§ 46.1-59, 46.1-78, 46.1-868, 46.1-875,
46.1-3878, as amended, 46.1-884, 46.1-516, 46.1-523 and 46.1-585, of
the Code of Virginia, relating to the revocation and/or suspension of
registration cards, license plates and certain licenses, to provide for an
increase in certain fees, requiring certain information on applications
for certain licenses, providing for certain restrictions on certain
licenses, prohibiting the unlawful display of another’s license, defining
certain terms, requiring certain dealers to obtain licenses before en-
gaging in business, and providing for revocation of certain licenses;
and to amend the Code of Virginia by adding a section numbered
46.1-34.1, relating to the certification of certain records.

(S 228]

Approved March 30, 1962
Be it enacted by the General Assembly of Virginia:

1. That §§ 46.1-59, 46.1-78, 46.1-368, 46.1-375, 46.1-378, as amended,
46.1-384, 46.1-385, 46. 1-516, 46. 1-523 and 46. 1-535 of the Code of Virginia
be amended and reenacted: and to amend the Code of Virginia by adding
n ‘sade numbered 46. 1-34, 1, the amended and new sections being as
ollows:

§ 46.1-34.1 Whenever any record or paper in the office of the Division
of Motor Vehicles is admissible in evidence, a copy of such record or
paper attested by the Commissioner or some one designated by him for
that purpose, may be admitted as evidence in lieu of the original.

Any such copy or any certification purporting to be sealed or sealed
and signed by the Commissioner or such person designated by him as here-
inabove provided may be admitted as evidence without any proof of the
seal or signature or of the official character of the person whose name 1s
signed thereto.

§ 46.1-59. The Division * may revoke the registration of a motor
vehicle, trailer or semitrailer and * may revoke the registration card,
registration or license plate or plates, whenever the person to whom the
registration card or registration or license plate or plates have been issued
shall make or permit to be made an unlawful use of the same or permit the
use thereof by a person not entitled thereto, or fail or refuse to pay,
within the time prescribed by law, any taxes or fees required to be col-
lected by the Division.

§ 46.1-78. The fee to be paid to the Division for the issuance of each
original certificate of title shall be one dollar, and the fee to record a
supplemental lien and issue a new title shall be two dollars.

§ 46.1-368. (a) Every application for an operator’s or chauffeur’s
license or temporary or instruction permit shall be made upon a form
approved and furnished by the Division and the applicant shall write his
usual signature in ink in the space provided.

(b) Every application shall state the name, * year, month and date
of birth, sex and residence address of the applicant, whether or not the
applicant has theretofore been licensed as an operator or chauffeur and,
if so, when and by what state and whether or not such license has ever
been suspended or revoked and, if so, the date of the reason for such
suspension or revocation. Such applicant shall also answer any and all
questions constituting a part of the form of application used or otherwise
yropounded by the Division incidental to the examination of such appli-
cant for operator’s or chauffeur’s license.

§ 46.1-375. Every such license shall bear thereon the distinguishing
number assigned to the licensee and shall contain the name, * year, month
and date of birth, residence address and a brief description of the licensee
tor the purpose of identification and also a space for the signature of the
icensee.

§ 46.1-378. (a) The Division upon issuing an operator’s or chauffeur’s
license may, whenever good cause appears, impose restrictions suitable to
the licensee’s driving ability with respect to the type of, or special me-
chanical control devices required on, a motor vehicle which the licensee
may operate or such other restrictions applicable to the licensee as the
Division may determine. When it shall appear from the records of the
Division that the licensee has failed or refused to comply with the re-
strictions imposed on the licensee’s operation of a motor vehicle, the
Division may, after ten days written notice to the address indicated in the
records of the Division, suspend the operator's or chauffeur’s license of
such person and such suspension shall remain in force and effect until the
provisions of this Section have been complied with.

(b) Any person issued an operator’s or chauffeur’s license on which
there are printed or stamped restrictions as provided by this section an
who operates a motor vehicle in violation of such restrictions shall b
guilty of a misdemeanor and upon conviction shall be punished as pro
vided in § 46.1-387. *

§ 46.1-384. No person shall:

(a) Display or cause or permit to be displayed or to have in hi
possession any operator’s or chauffeur’s license knowing the same t&
be fictitious or to have been cancelled, revoked, suspended or altered, 01
photographed for the purpose of evading the intent of this chapter;

(b) Lend to, or knowingly permit the use of by one not entitlec
thereto any operator’s or chauffeur’s license issued to the person so lending
or permitting the use thereof;

(c) Display or represent as his own any operator’s or chauffeur’s
license not issued to the person so displaying the same;

(c-1) Reproduce by photograph or otherwise, any operator’s or chauf.-
feur’s license or temporary permit or instruction permit issued by the
Division without obtaining prior written consent of the Division;

(d) Fail or refuse to surrender to the Division, upon demand, any
operator’s or chauffeur’s license issued in this State or any other state
which has been suspended, cancelled or revoked by proper authority in
this State or any other state as provided by law or to fail or refuse to
surrender such suspended, cancelled or revoked license to any court in
which an operator or chauffeur has been tried and convicted for the
violation of any law or ordinance of this State or any city, town or county
thereof, regulating or affecting the operation of a motor vehicle.

§ 46.1-516. Unless the context otherwise requires, the following words
and terms for the purpose of this chapter shall have the following mean-
ings:

(a) “Motor Vehicle Dealer” means any person who

(1) 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 or trailers or semi-tratlers.

(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, or trailers or semi-trailers, whether or not such motor vehicles are
owned by such person, partnership, association or corporation.

(b) for the purpose of this chapter the term “‘motor vehicle 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
ased in good faith and not for the purpose of avoiding the provisions
of this chapter.

(4) Persons dealing solely in the sale and distribution of firefighting
quipment, ambulances and funeral vehicles, including motor vehicles
adapted therefor; provided that the exemption granted under this para-
yraph shall not extend to exempt any such person from the provisions
of §§ 46.1-528 and 46.1-529.

(c) “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.

(d) “Distributor” or “wholesaler” means a person, resident o1
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.

(e) “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.

(f) “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 representa-
tives in this State.

(g) “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 repre-
sentatives in this State.

(h) “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 representa-
tives in this State.

(i) “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 neces-
sary 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 prin-
cipally to the business of a motor vehicle dealer as herein defined.

(k) “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 con-
tract designated either as a conditional sale, bailment lease, chattel mort-
gage or otherwise.

§ 46.1-523. It is unlawful for any new motor vehicle dealer, trailer
or semi-trailer dealer, used motor vehicle dealer, motor vehicle salesman,
manufacturer, factory branch, distributor branch, factory or distributor
representative to engage in business as such in this State without first
obtaining a license as provided in this chapter. If any motor vehicle
dealer acts as motor vehicle salesman, he shall obtain a motor vehicle
salesman’s license in addition to a motor vehicle dealer’s license. A
manufacturer or factory branch or distributor or distributor branch,
licensed as such, may also operate as a motor vehicle dealer without
additional license.

§ 46.1-535. A license may be denied, suspended or revoked on any
one or more of the following grounds:

(a) Material misstatement in application for license.

(b) Wilful failure to comply with any provision of this chapter
or any lawful rule or regulation promulgated by the Commissioner under
this chapter.
(c) Being a motor vehicle dealer, trailer or semi-trailer dealer,
failure to have an established place of business as defined in § 46.1-516 (1).

(d) Wilfully defrauding any retail buyer, to the buyer’s damage,
or any other person in the conduct of the licensee’s business.

(e) Employment of fraudulent devices, methods or practices in con-
nection with compliance with the requirements under the statutes of
this State with respect to the retaking of motor vehicles under retail
instalment contracts and the redemption and resale of such motor vehicles.

(f) Having used unfair methods of competition or unfair deceptive
acts or practices.

(g) Knowingly advertising by any means any assertion, representa-
tion or statement of fact which is untrue, misleading or deceptive in
any particular relating to the conduct of the business licensed or for
which a license is sought.

(h) Having been convicted of any fraudulent act in connection with
the business of selling motor vehicles.

(i) Having been convicted of a felony involving his acquisition or
transference of title to a motor vehicle.

(j) Wilfully retaining in his possession title to motor vehicles that
have not been completely and legally assigned to him.