32-6B REGULATION OF VEHICLE DEALERS
REGULATION OF VEHICLE DEALERS
Definition of terms.
Principal place of business defined.
Sale on consignment--Contract required--Form.
Sale on consignment prohibited for vehicle without statement of origin.
Odometer reading required for consignment or auction--Violation a misdemeanor.
Consignment or auction of vehicle with lien--Written consent and release by lien
Auction on consignment of vehicle titled in another state--Age of vehicle.
Auction on consignment of motorcycle not titled in state--Age of vehicle.
License required--Violation as misdemeanor.
Brokering prohibited--Violation as misdemeanor.
Exemptions from licensing requirements.
Permit for sale or display of certain trailers, motorcycles, auctioned vehicles, and
Bond required--Amount--Term--Continuation certificate--Notification of payment
or cancellation--Additional bond.
Pooling of assets to satisfy bond requirements--Right, title, and interest in state--Termination--Notice of payment of claim--Replenishment of pool.
Increase in dealer bond amount--Implementation.
Dealer in new vehicles to maintain repair shop.
Dealer in new vehicles to give bond to cover warranty obligations--Amount--Exemption.
Manufacturer's contract or franchise prerequisite to license for dealer in new vehicles.
Verification of application by department--Refusal to issue license.
Classification of licenses--Issuance of license certificate.
Low-speed vehicle retail sales.
Fees for dealer's licenses--Disposition of fees.
Multiple year license--Annual review--Renewal notice--Revocation.
Modification of license certificate--Display of license.
Separate license for each county in which applicant maintains principal place of
Permission to change principal place of business within county.
Supplemental licenses for supplemental lots within county--Exemptions.
Books, records, and files to be kept--Inspection.
Certificate kept at another dealership or at lending institution--Requirements--Notice.
Offer to sell, sale, or exchange of vehicle without certificate of title allowed under
Agreement that dealer will satisfy lien by paying lienholder--Trade of vehicle or
Time period to satisfy lien after receipt of funds--Offering vehicle for sale prior to
tender to lienholder.
Issuance of dealer plates--Numbering--Fees--Return of plates--Misdemeanor.
Use of dealer plates--Transfer of plates--Violation as misdemeanor.
Commercial motor vehicles licensed to dealers--Dealer 88 license plates--Return of
plates--Violation as misdemeanor.
Use of dealer 88 license plates_Transfer of plates.
Issuance of motorcycle dealer and trailer dealer plates--Numbering--Display and use--Fees.
Repossession of dealer plates.
Use of vehicles bearing dealer's demonstration or in-transit permits--Time limitation--Issuance of permits for unauthorized purposes prohibited--Violation as
Temporary license permit--Provision by dealer.
Location of temporary license permit.
Time for application for registration by owner--Inspection of documents by law
Restrictions on dealer use of temporary license permits--Renewal prohibited--Violation as misdemeanor.
Design of dealers' demonstration, in-transit and temporary license permits--Information required--Source of permits.
32-6B-31 to 32-6B-33. Repealed.
Dealer's car auction agency--Defined--Applicability of chapter--Additional
Dealer's car auction agency--Bond requirements--Dealer's right of action--Liability
Dealer's car auction agency--Announcement at sale when title denotes any brand or
damage--Return of vehicle.
Dealer's car auction agency--Vehicles acceptable for sale--Permitted purchasers--Unauthorized sale a misdemeanor.
Sale of government owned vehicles by auction agency.
Issuance of auction agency plates--Numbering--Fees--Return of plates--Misdemeanor.
Use of agency plates--Transfer of plates--Violation as misdemeanor.
Dealer's car auction agency--Records required.
Public auction to keep records--Inspection by dealer appointed inspectors.
Appointment of inspectors--Entry authorized--Complaints.
Investigation of dealers--Authorized.
Grounds for denial of license or application of provisions of §§ 32-6B-41.1 to 32-6B-41.6, inclusive.
Cease and desist order for specified violations--Period of effectiveness.
Hearing on question of whether violations occurred--Procedures.
Finality of cease and desist order.
Order to pay fine or suspend or revoke license upon failure to comply with cease and
desist order--Deposit of monetary penalties.
Hearing to contest order to pay fine or suspend or revoke license--Procedures.
Finality of order to pay fine or suspend or revoke license.
Notification of surety of license denial, suspension or revocation.
32-6B-43, 32-6B-44. Repealed.
Good cause required for franchisor termination, cancellation, nonrenewal, or change
in competitive circumstances.
When franchisor may establish additional vehicle dealership for same line-make--
Factors in determining cause for establishing additional franchise for same line-make.
Factors which are not cause for termination or noncontinuance of franchise or for
establishing additional franchise for same line-make.
Terms or conditions not allowed in franchise agreement.
Notice of intention to enter into additional franchise for same line-make.
Copies of notice to be sent to franchisees and other interested persons.
Objection to approval of notice--Time for filing written objection--Approval absent
Hearing on objection--Time and place--Notice--Continuance.
Burden of proof at hearing.
Hearing upon change of circumstances.
Dealer's license not to be issued to franchisee absent compliance by franchisor.
Trailer franchisees not subject to certain provisions.
Sale by franchisor to franchisee at lower price than that charged to other franchisee
prohibited--Exceptions--Violation as misdemeanor--Damages.
Duty of franchisor or manufacturer to fulfill warranty agreements and compensate
dealers for labor and parts--Disposition of dealer claims.
Right of department to apply for injunction against violation of chapter.
Adoption of rules.
Schedule of compensation for warranty work.
Trailer dealers exempt from certain liability insurance requirements.
Regulation of advertising.
In-transit permits for certain trailer manufacturer's trailers.
Promulgation of rules for in-transit permits for trailer manufacturer's trailers.
Sale of lists of dealers authorized--Fees.
Franchise agreement--Change of terms--Dealer rights.
Audit by franchisor--Limitation--Exception.
License required for certain activities--Violation as misdemeanor--Additional
violations as felony.
Vehicle dealership--Death of owner--Succession of interest.
Succession--Refusal to honor.
Notification of decision to transfer, assign, or sell franchise agreement or dealership--Notification as application for approval.
Contents of notice.
Manufacturer or franchisor to determine prospective transferee's qualification--Notice
of decision--Statement of reasons for rejection.
Approval may not be unreasonably withheld.
Filing objection when application rejected.
Transferee's qualification as sole issue in objection.
Manufacturer or franchisor may not own or operate dealership--Exceptions.
Manufacturer or franchisor may own or operate for limited period--Conditions.
Exceptions for the purpose of broadening diversity of dealer body.
Extension of time period in 32-6B-81--Application--Limit.
Civil action for injunction and damages.
Applicability of SL 2010, ch 156 amendments.