(a) No person shall engage or represent or advertise that he or she is engaged or intends to engage in the business of new motor vehicle dealer, used motor vehicle dealer, house trailer dealer, trailer dealer, recreational vehicle dealer, motorcycle dealer, used parts dealer or wrecker or dismantler in this state unless and until he or she first obtains a license certificate therefor as provided in this article, which license certificate remains unexpired, unsuspended and unrevoked. Any person desiring to engage in more than one such business must, subject to the provisions of section five of this article, apply for and obtain a separate license certificate for each such business.
(b) A person in business as a new motor vehicle or recreational vehicle dealer may sell low-speed vehicles as defined in section one, article one of this chapter.
(c) Except for the qualification contained in subdivision (17), subsection (a), section one of this article with respect to a new motor vehicle dealer, each place of business of a new motor vehicle dealer, used motor vehicle dealer, house trailer dealer, trailer dealer, recreational vehicle dealer, motorcycle dealer, used parts dealer and wrecker or dismantler must be an established place of business as defined for such business in said section one.
(d) Any person who violates this section shall, in addition to any other penalty prescribed by law, be subject to a civil penalty levied by the commissioner in an amount not to exceed $1,000 for the first violation, $2,000 for the second violation and $5,000 for every subsequent violation.
(e) The commissioner shall promulgate rules, in accordance with the provisions of chapter twenty-nine-a of this code, establishing procedures whereby persons against whom such civil penalties are to be assessed shall be afforded all due process required pursuant to the provisions of the West Virginia Constitution.
Structure West Virginia Code
§17A-6-1a. Unlawful to Be an Automobile Broker; Definition; Criminal Penalties
§17A-6-1b. Dealers Authorized to Issue Motor Vehicle Registration
§17A-6-2. Legislative Findings, Declaration of Public Policy and Dealer Recovery Fund
§17A-6-2a. Dealer Recovery Fund Created
§17A-6-5. License Certificate Exemption
§17A-6-6. Refusal or Issuance of License Certificate; License Certificate Not Transferable
§17A-6-7. When Application to Be Made; Expiration of License Certificate; Renewal
§17A-6-9. Changes in Business; Action Required; Applications for and Issuance of Certificates; Fees
§17A-6-10. Fee Required for License Certificate; Dealer Special Plates
§17A-6-10a. Special Plates for Manufacturers and Transporters; Fee
§17A-6-10b. Special Plates for Financial Institutions; Fee
§17A-6-10d. Special Plates for Nonprofit Corporations Engaged in Research and Development
§17A-6-11. Expiration of Special Plates
§17A-6-12. Operation of Vehicles Under Special Plates
§17A-6-13. Use of Special Plates; Records to Be Maintained by Dealer
§17A-6-14. Operation of Motor Vehicles by Certain Dealers Under Special Permits
§17A-6-15. Temporary Registration Plates or Markers
§17A-6-15a. Temporary Registration Plates for Auto Mechanics; Fees
§17A-6-16. Records Must Be Kept and Maintained
§17A-6-17. Sales Instrument; Full Disclosure Required
§17A-6-17a. Approved Practices
§17A-6-18a. Motor Vehicle Dealers Advisory Board
§17A-6-22. Original Action by Board; Matters Confidential
§17A-6-24. Actions to Enjoin Violations; Injunctive Relief