CHAPTER 375

An Act to amend and reenact § 46.1-516, as amended, of the Code of
Virginia, relating to definitions under Virginia Motor Vehicle Dealer
Iicensing Act.

[S 360]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
1, That § 46.1-516, as amended, of the Code of Virginia be amended and
reenacted, as follows:
§ 46.1-516.—Unless the context otherwise requires, the following
words and terms for the purpose of this chapter shall have the following
meanings:

(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 semitrailers.

(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 semitrailers, 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 per-
forming their official duties.

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

(4) 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
§§ 46.1-528 and 46.1-529.

(5) Any corporation duly chartered or authorized to do a banking
or trust business under the authority of the laws of this State, or the
United States, which may have received title to a motor vehicle in the
normal course of its business by reason of a foreclosure, other taking,
repossession or voluntary reconveyance to said corporation arising or
occurring as a result of any loan secured by a lien on said vehicle.

(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 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 dis-
tributor 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 supervising, in whole
or in part, its representatives in this State.

(f) “Distributor branch” means a branch office maintained by a dis-
tributor or wholesaler for the sale of motor vehicles to motor vehicle
dealers or for directing or supervising, in whole or in part, its represent-
atives in this State.

(g) “Factory representative” means a person employed by a person
who manufactures or assembles motor vehicles or by a factory branch
‘or 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 dis-
tributor 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-
ng or contacting its dealers, prospective dealers, or representatives in
this State.

(i) “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, 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 busi-
ness of a motor vehicle dealer, as herein defined.

(k) “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 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.