2006 Code of Virginia § 46.2-1993.6 - Licenses required

46.2-1993.6. Licenses required.

Except as otherwise provided in this section, it shall be unlawful for anyperson to engage in business in the Commonwealth as a motorcycle dealer,salesperson, manufacturer, factory branch, distributor, distributor branch,or factory or distributor representative, without first obtaining a licenseas provided in this chapter. Any person licensed in another state as amotorcycle dealer may sell motorcycles at wholesale auctions in theCommonwealth after having obtained a certificate of dealer registration asprovided in Chapter 19 ( 46.2-1900 et seq.) of this title. Any nonprofitorganization exempt from taxation under 501 (c) (3) of the Internal RevenueCode, after having obtained a nonprofit organization certificate as providedin this chapter, may consign donated motorcycles to licensed Virginiamotorcycle dealers. The offering or granting of a motorcycle dealer franchisein the Commonwealth shall constitute engaging in business in the Commonwealthfor purposes of this section, and no new motorcycle may be sold or offeredfor sale in the Commonwealth unless the franchisor of motorcycle dealerfranchises for that line-make in the Commonwealth, whether such franchisor isa manufacturer, factory branch, distributor, distributor branch, orotherwise, is licensed under this chapter. In the event a license issuedunder this chapter to a franchisor of motorcycle dealer franchises issuspended, revoked, or not renewed, nothing in this section shall prevent thesale of any new motorcycle of such franchisor's line-make manufactured in orbrought into the Commonwealth for sale prior to the suspension, revocation orexpiration of the license.

Notwithstanding the foregoing provisions of this section, a manufacturer,factory branch, distributor, distributor branch, or factory or distributorrepresentative engaged in the manufacture or distribution of all-terrainvehicles or off-road motorcycles that does not also manufacture or does notalso distribute in Virginia any motorcycle designed for lawful use on thepublic highways shall not be required to obtain a license from the Departmentas provided in this chapter.

Violation of any provision of this section shall constitute a Class 1misdemeanor.

(1996, cc. 1043, 1052; 1997, c. 848; 2000, c. 180; 2003, c. 334.)