1. License; new vehicle dealer. A person may not have on a licensed facility at any one time more than 5 new vehicles unless the person is licensed as a new vehicle dealer.

[PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

Terms Used In Maine Revised Statutes Title 29-A Sec. 953

  • Dealer: means a person engaged in the business of buying, selling, exchanging or offering to negotiate, negotiating or advertising the sale of a vehicle or industrial equipment and who has:
A. See Maine Revised Statutes Title 29-A Sec. 851
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101
  • Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
  • A. See Maine Revised Statutes Title 29-A Sec. 101
  • New vehicle dealer: means a dealer whose primary business is the buying and selling of new motor vehicles and who has a franchise from a distributor or manufacturer. See Maine Revised Statutes Title 29-A Sec. 851
  • Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101
  • Traffic: means pedestrians, ridden or herded animals, vehicles, bicycles and other conveyances either singly or together using public way for travel. See Maine Revised Statutes Title 29-A Sec. 101
  • Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101
  • 2. Requirements. A new vehicle dealer license may be issued only to:
    A. A sales branch or agency of a manufacturer of vehicles; [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
    B. A distributor of new vehicles who holds an unexpired appointment in writing from the manufacturer of such vehicles; or [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
    C. A dealer in new vehicles who holds an unexpired appointment in writing from the manufacturer of such vehicles or from an authorized distributor of such vehicles. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

    [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

    3. Copy of appointment. An applicant for a license to deal in new vehicles shall submit with the application a certification of franchise from the manufacturer of the new vehicles to be sold.

    [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

    4. License. The make of the new vehicle in which the licensee is authorized to deal must be stated on the license.

    [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

    5. Additional charges. A new vehicle dealer may not charge an extra charge for preparation service or optional equipment unless that charge is described and clearly posted on the motor vehicle to which it applies. For purposes of this subsection, the following terms have the following meanings.
    A. “Extra charge” means a consumer charge that is not included in the manufacturer’s suggested retail price. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
    B. “Preparation service” means an adjustment, inspection, test, repair, replacement of parts, cleaning, polishing or other labor performed by the dealer without prior written authorization of the purchaser. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
    C. “Optional equipment” means equipment, protective coating, special feature, appliance, part or accessory added to a vehicle and not included in the manufacturer’s suggested retail price. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

    [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

    6. Penalty. A person who fails to comply with this section commits a traffic infraction.

    [PL 1999, c. 771, Pt. C, §4 (AMD); PL 1999, c. 771, Pt. D, §§1, 2 (AFF).]

    SECTION HISTORY

    PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1999, c. 771, §C4 (AMD). PL 1999, c. 771, §§D1,2 (AFF).