2006 Code of Virginia § 46.2-1572 - Operation of dealership by manufacturer

46.2-1572. Operation of dealership by manufacturer.

It shall be unlawful for any motor vehicle manufacturer, factory branch,distributor, distributor branch, or subsidiary thereof, to own, operate, orcontrol any motor vehicle dealership in the Commonwealth. However, thissection shall not prohibit:

1. The operation by a manufacturer, factory branch, distributor, distributorbranch, or subsidiary thereof, of a dealership for a temporary period, not toexceed one year, during the transition from one owner or operator to another;

2. The ownership or control of a dealership by a manufacturer, factorybranch, distributor, distributor branch, or subsidiary thereof, while thedealership is being sold under a bona fide contract or purchase option to theoperator of the dealership;

3. The ownership, operation, or control of a dealership by a manufacturer,factory branch, distributor, distributor branch, or subsidiary thereof, ifthe manufacturer, factory branch, distributor, distributor branch, orsubsidiary has been engaged in the retail sale of motor vehicles through thedealership for a continuous period of three years prior to July 1, 1972, andif the Commissioner determines, after a hearing on the matter at the requestof any party, that there is no dealer independent of the manufacturer ordistributor, factory branch or distributor branch, or subsidiary thereofavailable in the community to own and operate the franchise in a mannerconsistent with the public interest;

4. The ownership, operation, or control of a dealership by a manufacturer,factory branch, distributor, distributor branch, or subsidiary thereof if theCommissioner determines, after a hearing at the request of any party, thatthere is no dealer independent of the manufacturer or distributor, factorybranch or distributor branch, or subsidiary thereof available in thecommunity or trade area to own and operate the franchise in a mannerconsistent with the public interest;

5. The ownership, operation, or control of a dealership dealing exclusivelywith school buses by a school bus manufacturer or school bus partsmanufacturer or a person who assembles school buses; or

6. The ownership, operation, or control of a dealership dealing exclusivelywith refined fuels truck tanks by a manufacturer of refined fuels truck tanksor by a person who assembles refined fuels truck tanks. Notwithstanding anycontrary provision of this chapter, any manufacturer of fire-fightingequipment who, on or before December 31, 2004, had requested a hearing beforethe Department or the Commissioner in accordance with subdivision 4 forlicensure as a dealer in fire-fighting equipment and/or ambulances may belicensed as a dealer in fire-fighting equipment and/or ambulances.

(1988, c. 865, 46.1-550.5:31; 1989, c. 727; 1990, c. 41; 2005, c. 456.)