2006 Code of Virginia § 46.2-1993.39 - Registration of dealers; fees; exemptions

46.2-1993.39. Registration of dealers; fees; exemptions.

Every manufacturer, distributor, or dealer, before he commences to operatemotorcycles in his inventory for sale or resale, shall apply to theCommissioner for a dealer's certificate of vehicle registration and licenseplates. For the purposes of this article, a motorcycle is in inventory whenit is owned by, or assigned to, a dealer and is offered and available forsale or resale. All dealer's certificates of vehicle registration and licenseplates issued under this section may, at the discretion of the Commissioner,be placed in a system of staggered issue to distribute the work of issuingvehicle registration certificates and license plates as uniformly aspracticable throughout the year. Dealerships which sold fewer thantwenty-five motorcycles during the last twelve months of the precedinglicense year shall be eligible to receive no more than two dealer's licenseplates; dealerships which sold at least twenty-five but fewer than fiftymotorcycles during the last twelve months of the preceding license year shallbe eligible to receive no more than four dealer's license plates. However,dealerships which sold fifty or more motorcycles during their current licenseyear may apply for additional license plates not to exceed four times thenumber of licensed salespersons employed by that dealership. Dealershipswhich sold fifty or more motorcycles during the last twelve months of thepreceding license year shall be eligible to receive a number of dealer'slicense plates not to exceed four times the number of licensed salespersonsemployed by that dealership. A new applicant for a dealership shall beeligible to receive a number of dealer's license plates not to exceed fourtimes the number of licensed salespersons employed by that dealership. Forthe purposes of this article, a salesperson or employee shall be consideredto be employed only if he (i) works for the dealership at least twenty-fivehours each week on a regular basis and (ii) is compensated for this work. Allsalespersons' or employees' employment records shall be retained inaccordance with the provisions of 46.2-1993.22. A salesperson shall not beconsidered employed, within the meaning of this section, if he is anindependent contractor as defined by the United States Internal Revenue Code.The fee for the issuance of motorcycle dealer's license plates shall be ninedollars per year for each dealer's license plate.

Nothing in this article shall apply to all-terrain vehicles or off-roadmotorcycles.

(1996, cc. 1043, 1052; 2006, c. 896.)