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11.12.01.00.htm 11.12.01.00. Title 11 DEPARTMENT OF TRANSPORTATION Subtitle 12 MOTOR VEHICLE ADMINISTRATION ― LICENSING OF BUSINESSES AND OCCUPATIONS Chapter 01 Dealers and Salesmen Authority: Commercial Law Article, §14-1502; Transportation Article, §12-104(b) 13-503, 13-610, 13-621, 15-102, 15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307―15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland
11.12.01.01.htm 11.12.01.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Administration” means the Motor Vehicle Administration.. 2) “Advertising” means any oral, written, or graphic statement which offers vehicles for sale or which indicates the availability of vehicles, including any statements or representations made in any newspaper, pamphlet, circular, other publication, including but not limited to electronic media, radi
11.12.01.02.htm 11.12.01.02. 02 Dealer License.. A. The Administration may refuse to grant a license to any person as a dealer or may suspend, revoke, or refuse to continue the license of a dealer already issued, unless the dealer is meeting the requirements set forth in this chapter.B. A person applying for a dealer license shall submit the application in a format prescribed by the Administration, along with the fee as set forth in COMAR 11.11.05.C. The business application for license shall stat
11.12.01.03.htm 11.12.01.03. 03 Location Requirements.. A. The Administration reserves the right to inspect each location before approval of application for dealer registration and at any time during licensure period.B. Following approval of the application, the location shall be maintained in accordance with the applicable provisions of Transportation Article, Annotated Code of Maryland, and the regulations promulgated by the Administration.C. Only one license for the type of vehicle being
11.12.01.04.htm 11.12.01.04. 04 Office Requirements.. A. The dealership office shall be housed at the dealer’s fixed location and in a substantial building adequate and appropriate for the business so conducted.B. The dealership office shall be of sufficient size to accommodate customers and, in order to reasonably conduct the dealership’s business, shall be equipped with:1) Office furniture, such as desk and chairs;. 2) A secure area for storage of State property; and.
11.12.01.05.htm 11.12.01.05. 05 Exemptions.. A. If a location is otherwise adequate and appropriate, the location requirements outlined in Regulation .03D, E, G, and H of this chapter may be waived for wholesale dealers, for new trailer, boat trailer, motorcycle dealers, and for any person licensed as a dealer to sell only fire, rescue, and emergency medical motor vehicles, who shall have the privilege of assigning manufacturer’s certificates of origin and to issue temporary tags upon filin
11.12.01.06.htm 11.12.01.06. 06 Dealer’s Bond.. A. The dealer’s bond shall be secured from a bonding company licensed to do business in Maryland.. B. Each applicant shall file with the Administration, in such form as the Administration shall approve, acceptable evidence of a surety bond in the amount required under Transportation Article, §15-308, Annotated Code of Maryland, which is for the use and benefit of the Administration and the public who may suffer or sustain any loss by reason of a
11.12.01.07.htm 11.12.01.07. 07 Display of License and Dealer’s Number.. The dealer’s license shall be displayed conspicuously in the dealer’s place of business. This particular license is issued in addition to regular registration cards which shall accompany dealer registration plates. Additional licenses may be issued at no cost for each additional approved location, and each license shall be conspicuously displayed in the respective office for which it is issued.
11.12.01.08.htm 11.12.01.08. 08 Voluntary Cancellation or Termination of a Franchise.. A. Upon voluntary cancellation or termination of franchise on the part of the dealer, licenses and registration plates shall be immediately returned to the Administration. However, the Administration may grant an extension, upon presentation of documentation acceptable to the Administration, for the purpose of concluding any business of the dealership regarding the disposition of the existing inveB. The dealer shall conti
11.12.01.09.htm 11.12.01.09. 09 Duplicate License.. If a dealer’s license becomes lost, mutilated, or illegible, the dealer shall make prompt application to the Administration for the issuance of a duplicate license. Application shall be made in a format prescribed by the Administration, accompanied by required fees as set forth in COMAR 11.11.05.
11.12.01.10.htm 11.12.01.10. 10 Records.. A. Records of the dealer business activities shall be preserved in their original form or a format approved by the Administration for a period of time as required by Transportation Article, §15-105, Annotated Code of Maryland.B. The records shall be accessible at the location approved by the Administration. If location is other than the licensed location, an electronic or other copy must be maintained at the licensed location and consist of but not be limited to:
11.12.01.11.htm 11.12.01.11. 11 Issuance of Temporary 60-Day Registration Permits.. A. Each dealer shall electronically make application to the Administration for the temporary 60-day registration permits. Dealers may issue, on the date of delivery, one temporary 60-day registration permit to purchasers of vehicles, who possesses current registration plates issued to another vehicle under the laws of this State provided the registration plates are transferable pursuant to the provisions of the Transporta
11.12.01.12.htm 11.12.01.12. 12 Issuance of 60-Day Temporary Registration Plates.. A. The Administration may authorize 60-day temporary registration plates to a dealer after proper electronic application in a format prescribed by the Administration and payment of the required fees as set forth in COMAR 11.11.05.B. Dealers may issue one 60-day temporary registration plate to a purchaser of a vehicle. Temporary registration plates may be issued on the date of delivery in those instances when delivery occurs on
11.12.01.13.htm 11.12.01.13. 13 Salesman’s Licensing.. A. Applications for a salesman’s license shall be furnished to the Administration by a licensed dealer.B. A vehicle salesman may not obtain or the Administration may not issue a license under the provisions of the Transportation Article, Annotated Code of Maryland, unless the salesman complies with the requirements set forth in Transportation Article, Title 13 and Title 15, Annotated Code of Maryland and the requirements contained in these regulatio
11.12.01.14.htm 11.12.01.14. 14 Dealers’ Advertising and Trade Practices.. A. Presentation Requirements.. 1) A dealer may not advertise in any manner that is false, deceptive, or misleading or that misrepresents any vehicle offered for sale.2) Advertisements for the sale of new and used vehicles shall clearly and conspicuously identify the dealership by the corporate name or trade name as it appears on the application for dealer’s license.3) Advertising statements shall clearly identify t
11.12.01.15.htm 11.12.01.15. 15 Vehicle Sales Contracts.. A. Contracts. A vehicle sales contract or agreement shall be evidenced by an instrument in writing containing all of the agreements of the parties. It shall be signed by all parties before the seller delivers to the buyer the vehicle covered by the agreement.B. Copy of Instrument. At the time the buyer signs the instrument, the seller shall deliver to him an exact copy of it. Until the buyer signs the instrument and receives a cop
11.12.01.16.htm 11.12.01.16. 16 Sale of New Vehicles by Used Vehicle Dealers.. A. Used vehicle dealers who purchase new vehicles for the purpose of resale shall first have those vehicles titled in this State, paying applicable excise tax based on the purchase price.B. Before resale, those vehicles shall be inspected at an authorized inspection facility..
11.12.01.17.htm 11.12.01.17. 17 Warranties.. A. A dealer who sells a new motor vehicle in this State shall provide to the purchaser a notice that describes the rights and remedies available to consumers under the Maryland Automotive Warranty Enforcement Act, Commercial Law Article, Title 14, subtitle 15, Annotated Code of Maryland.B. The notice in §A of this regulation shall be:. 1) Made available by the Motor Vehicle Administration in a format prescribed by the Administration;.
11.12.01.18.htm 11.12.01.18. 18 Dismantling and Rebuilding.. A. If a vehicle is sold for the purpose of dismantling or rebuilding, the term “rebuilding” means the restoring of a salvage vehicle, as set forth in Transportation Article, §13-506(b) Annotated Code of Maryland, or any vehicle which is inoperable due to the need for major or extensive repairs to the body, frame, suspension, engine, or drive train.B. If a vehicle is sold for the purpose of dismantling or rebuilding, the dealer may not issue any f
11.12.01.19.htm 11.12.01.19. 19 Odometer Fraud.. A. A dealer may not transfer a vehicle which contains an odometer reading which does not reflect the actual mileage of the vehicle unless the dealer truthfully informs the transferee in writing:1) That the odometer reading is not the actual mileage of the vehicle and should not be relied upon;. 2) That the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit of 99,999 miles/kilometers of the vehicle;
11.12.01.20.htm 11.12.01.20. 20 Use of Interchangeable Dealer Registration Plates.. A. In this regulation, “dealer registration plate” means an interchangeable metal license plate used by licensed vehicle dealers, manufacturers, distributors, and factory branches.B. Display of Dealer Registration Plates by Licensed Dealers.. 1) A dealer registration plate may be displayed on a vehicle owned by a licensed dealer and used mainly for the dealer’s business purposes.2) A dealer registration plate may be displayed on
11.12.01.21.htm 11.12.01.21. 21 License Renewal ― Staggered Basis.. A. Each month during the calendar year, a proportionately uniform number of business licenses and salesmen licenses shall be renewed.B. The Administration shall evaluate from time to time the monthly volume of renewals for the purpose of maintaining relatively uniform workloads. The monthly volume of renewals may be rescheduled by applying different expiration months.C. Renewals shall be due on or before the last day of the month stated on t
11.12.01.22.htm 11.12.01.22. 22 Service Provider ― Electronic Transmission of Titling and Registration Information.. A. Service providers electronically transmitting titling and registration information to the Administration as set forth by Transportation Article, §13-610, Annotated Code of Maryland, may charge the transferee of the vehicle a service fee in addition to any fees specified in Transportation Article, §15.311.1, Annotated Code of Maryland, and COMAR 11.11.05. This service fe
11.12.01.23.htm 11.12.01.23. 23 Refund of Licensing Fees.. A. If a dealer license issued under Regulation .01 of this chapter is voluntarily canceled before the:1) Beginning of the second full year, the Administration shall refund the fee paid for the second and third license years; or2) Beginning of the third full year, the Administration shall refund the fee paid for the third license year.B. Requests for refunds shall be submitted in writing, on forms provided by the Administration, afte
11.12.01.9999.htm 11.12.01.9999. Administrative History Effective date: February 15, 1973. Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798). Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685). Regulations .11 and .12C―F amended effective June 15, 1979 (6:12 Md. R. 1051). Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577). Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075).
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