Virginia Code 46.2-1503: Motor Vehicle Dealer Board
A. The Motor Vehicle Dealer Board is hereby created. The Board shall consist of 19 members appointed by the Governor, subject to confirmation by the General Assembly. Every member appointed by the Governor shall be a citizen of the United States and a resident of Virginia. The Governor may remove any member as provided in subsection A of § 2.2-108. The members shall be at-large members and, insofar as practical, should reflect fair and equitable statewide representation.
Terms Used In Virginia Code 46.2-1503
- Board: means the Motor Vehicle Dealer Board. See Virginia Code 46.2-1500
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Fund: means the Motor Vehicle Dealer Board Fund. See Virginia Code 46.2-1500
- Motorcycle: means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any vehicle within the term "farm tractor" or "moped" as defined in § 46. See Virginia Code 46.2-1500
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Trailer: means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by another motor vehicle, including semitrailers but not manufactured homes, watercraft trailers, camping trailers, or travel trailers. See Virginia Code 46.2-1500
- United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
- Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
B. Ten members shall be licensed franchised motor vehicle dealers who have been licensed as such for at least two years prior to being appointed by the Governor and seven members shall be licensed independent motor vehicle dealers who (i) have been licensed as such for at least two years prior to being appointed by the Governor and (ii) are not also franchised motor vehicle dealers. One of the franchised dealers appointed to the Board shall be a licensed franchised motorcycle dealer who is primarily engaged in the sale of new motorcycles. One of the independent dealers appointed to the Board shall be a licensed independent motorcycle dealer, and one shall be a licensed independent dealer who is also an independent trailer or recreational vehicle dealer or engaged in the rental vehicle business. One member shall be an individual who has no direct or indirect interest, other than as a consumer, in or relating to the motor vehicle industry.
C. Appointments shall be for terms of four years, and no person other than the Commissioner or his designee shall be eligible to serve more than two successive four-year terms. The Commissioner shall serve as chairman of the Board. Vacancies shall be filled by appointment by the Governor for the unexpired term and shall be effective until 30 days after the next meeting of the ensuing General Assembly and, if confirmed, thereafter for the remainder of the term. Any person appointed to fill a vacancy may serve two additional successive terms.
D. The Commissioner or his designee shall be an ex officio voting member of the Board.
E. Members of the Board shall be reimbursed their actual and necessary expenses incurred in carrying out their duties, such reimbursement to be paid from the special fund referred to in § 46.2-1520.
1988, c. 865, § 46.1-517.2; 1989, c. 727; 1992, c. 95; 1995, cc. 767, 816; 2011, c. 791; 2014, c. 695; 2015, c. 615.