Chapter 27. The
Recreational and Used Motor Vehicle Commission
§2701. Meetings of the Commission
A. The commission shall meet at its office
in Baton Rouge, Louisiana on the third Tuesday in
each month to transact such business as may
properly come before it. The regular meeting will
convene at the hour of 9 a.m. and shall continue
at the pleasure of those present. Any change of
monthly meetings will be in accordance with the
Open Meeting Law R.S. 42:5.
B. Special Meetings. Special meetings shall
be held upon call of the chairman by notice given
to the members of the commission at least 48 hours
prior to the time the meeting is to be held; such
notice to be given by telephone, telegraph or
letter.
C. A public comment period shall be held at
or near the beginning of each board meeting.
Persons desiring to present public comments shall
notify the board chairman no later than 48 hours
prior to the date of the regular meeting and 72
hours prior to the date of a special meeting. All
written requests to have an item or items placed
on the agenda must indicate, in detail, what items
they wish to discuss. Public discussions are
limited only to items on the agenda. There will be
a maximum of 30 minutes for all public comments to
be heard and each person will be limited to three
minutes. Additional time can be allowed by the
chairman as he deems reasonable. Each person
making public comments shall identify himself and
the group, organization or company he represents,
if any.
AUTHORITY NOTE: Promulgated in accordance with
R.S. 32:783(E)(1) and R.S. 42:5.D.
HISTORICAL NOTE: Promulgated by the Department of
Commerce, Used Motor Vehicle and Parts Commission,
LR 11:1062 (November 1985), amended by the
Department of Economic Development, Used Motor
Vehicle and Parts Commission, LR 15:258 (April
1989), LR 15:1058 (December 1989) LR 18:1116
(October 1992), LR 24:1682 (September 1998), LR
25:1792 (October 1999), amended by the Office of the
Governor, Used Motor Vehicle and Parts Commission,
LR 28:2351 (November 2002), amended by the Office of
the Governor, Recreational and Used Motor Vehicle
Commission, LR 33:1633 (August 2007).
§2703. Quorum of the Commission
A.
Eight
members of the commission shall constitute a quorum
for the transaction of official business. Fewer than
a quorum may adjourn the meeting.
AUTHORITY NOTE: Promulgated in accordance with
R.S. 32:783(A).
HISTORICAL NOTE: Promulgated by Department of
Commerce, Used Motor Vehicle and Parts Commission,
LR 11:1062 (November 1985), amended by the
Department of Economic Development, Used Motor
Vehicle and Parts Commission, LR 15:258 (April
1989), LR 24:1682 (September 1998), amended by the
Office of the Governor, Recreational and Used Motor
Vehicle Commission, LR 33:1633 (August 2007).
§2705. Executive Director
A.
The Executive Director of the Louisiana Recreational
and Used Motor Vehicle Commission shall be in charge
of the commission's office and shall conduct and
direct the activities thereof in the manner as
directed by the commission. The employees of the
commission shall report to the executive director.
AUTHORITY NOTE: Promulgated in accordance with R.S.
32:783(D).
HISTORICAL NOTE: Promulgated by the Department of
Commerce, Used Motor Vehicle and Parts Commission,
LR 11:1062 (November 1985), amended by the Office of
the Governor, Recreational and Used Motor Vehicle
Commission, LR 33:1633 (August 2007).
§2707. Correspondence with the Commission
A.
All correspondence by letter with the commission
shall be addressed to the attention of the executive
director.
B.
Louisiana Recreational and Used Motor Vehicle
Commission forms, applications and dealer aids are
recognized as the commission official forms for
licensing and communication.
AUTHORITY NOTE: Promulgated in accordance with R.S.
32:783(E).
HISTORICAL NOTE: Promulgated by the Department of
Commerce, Used Motor Vehicle and Parts Commission,
LR 11:1062 (November 1985), amended by the Office of
the Governor, Recreational and Used Motor Vehicle
Commission, LR 33:1633 (August 2007).
§2709. Official Seal
A.
The official seal of the Louisiana Recreational
and Used Motor Vehicle Commission shall be as
follows. The outline of the state of Louisiana
with a small star denoting the approximate
location of Baton Rouge, which name appears to the
left of the star. It shall be bordered by the
inscription, Louisiana Recreational and Used Motor
Vehicle Commission.
B.
The executive director shall be the custodian of
the official seal and shall affix the imprint or
the facsimile thereof to all license certificates
issued by the Louisiana Recreational and Used
Motor Vehicle Commission.
AUTHORITY NOTE: Promulgated in accordance with R.S.
32:783(D)(4).
HISTORICAL NOTE: Promulgated by the Department of
Commerce, Used Motor Vehicle and Parts Commission,
LR 11:1062 (November 1985), amended by the Office of
the Governor, Recreational and Used Motor Vehicle
Commission, LR 33:1633 (August 2007).
Chapter 28. Definitions
§2801. Definitions
A.
The word person as used herein shall mean any
natural or juridical person, firm, association,
corporation, trust partnership, limited liability
company or any other legal entity.
AUTHORITY NOTE: Promulgated in accordance with R.S.
32:783(D)(4).
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Recreational and Used Motor Vehicle
Commission, LR 33:1633 (August 2007).
Chapter 29.
Used Motor Vehicle Dealer
§2901. Dealers to be Licensed
A.
Dealers in used motor vehicles and other types used
vehicles subject to Certificate of Title Law under
Title 32 and/or Vehicle Registration License Tax
under Title 47.
B.
Automotive dismantlers and parts recyclers, motor
vehicle crushers, and dealers in used parts and
accessories.
C.
Used
motor vehicle auctions and salvage pools are
considered used motor vehicle dealers and must
comply with licensing regulations contained herein.
D.
Dealers, manufacturers, and distributors of new
recreational products as defined at R.S. 32:781(22).
E.
Brokers of used motor vehicles, used parts, and
recreational products are considered to be dealers
and must comply with licensing regulations contained
therein.
F.
Any person who rents or who sells on a rent with
option to purchase program used motor vehicles not
of the current or immediate prior year or new and
used recreational products.
AUTHORITY NOTE: Promulgated in accordance with R.S.
32:784.
HISTORICAL NOTE: Promulgated by the Department of
Commerce, Used Motor Vehicle and Parts Commission,
LR 11:1062 (November 1985), amended by Department of
Economic Development, Used Motor Vehicle and Parts
Commission, LR 24:1682 (September 1998), amended by
the Office of the Governor, Used Motor Vehicle and
Parts Commission LR 30:436 (March 2004),
repromulgated LR 30:792 (April 2004), LR 30:1477
(July 2004), amended by the Office of the Governor,
Recreational and Used Motor Vehicle Commission, LR
33:1633 (August 2007).
§2903. Dealer Licenses
A.
The dealer license will be issued in the legal
name of the person as identified on the
application for dealer license.
B.
A dealer's license shall consist of a signed
certificate bearing the official seal of the
commission and the name and address of the
dealership and assigned a dealer number, which
shall be posted in a conspicuous place in the
dealer's place or places of business.
C.
Used motor vehicle dealers will be assigned a
license number to be prefixed with a "UD"
designation.
D.
Automotive dismantlers and parts recyclers will be
assigned a license number to be prefixed with a "AD"
designation.
E.
Crushers will be assigned a license number to be
prefixed with a "CS" designation.
F.
Dealers in used parts and accessories will be
assigned a license number to be prefixed with a "UP"
designation.
G.
Beginning with licenses to be issued for 2008,
dealers, manufacturers and distributors of
recreational products will be assigned a license
number to prefixed as follows.
1. Motorcycle and ATV Dealers
MA
2. Marine Products Dealers
MP
3. Recreational Vehicles Dealers RV
4. Utility Trailer
Dealers UT
5. Manufacturers
MS
6.
Distributors DT
H.
Beginning with licenses to be issued for 2008,
dealers who rent or who sell on a rent with option
to purchase program will be assigned a license
number to be prefixed with a "RD" number.
I.
Each said license shall stand on its own, and for
each said license, the dealer shall pay a separate
licensing fee.
J. The valid dealer’s license permits the
dealer to transfer and assign titles, purchase and
sell used motor vehicles without paying Louisiana
general sales tax.
K.
A dealer who has multiple locations will be allowed
from his salesman's license to sell at all locations
owned by him.
AUTHORITY NOTE : Promulgated in accordance with R.S.
32:784.
HISTORICAL NOTE: Promulgated by the Department of
Commerce, Used Motor Vehicle and Parts Commission,
LR 11:1062 (November 1985), amended by the
Department of Economic Development, Used Motor
Vehicle and Parts Commission, LR 15:258 (April
1989), amended by the Office of the Governor,
Recreational and Used Motor Vehicle Commission, LR
33:1634 (August 2007).
§2904. Additional
Licensing, Requirements for the Automotive Dismantler and Parts Recycler and
Used Parts and Accessories Dealers
A.
Every automotive dismantler and recycler issued an
automotive dismantler's license and number will be
permitted to purchase and sell salvage vehicles
and transfer motor vehicle titles for the purpose
of dismantling and selling the parts thereof to
include the salvaged vehicle with title.
B.
An automotive dismantler and parts recycler may
offer a rebuilt, wrecked, abandoned or repairable
motor vehicle at wholesale only. If such vehicle is
offered for sale at retail, the dismantler will be
operating as a used motor vehicle dealer and is
subject to licensing requirements and used motor
vehicle dealer rules and regulations thereof.
However, an automotive dismantler and parts
recycler, duly licensed by the commission, shall
have the authority to transfer the certificate of
title as dealer under the Louisiana Certificate of
Title Law, (i.e., transfer to another dealer without
payment of tax). In order to sell a vehicle at
retail, an automotive dismantler and parts recycle
must be licensed hereunder as a used motor vehicle
dealer providing a good and sufficient bond,
executed by the applicant as principal by a surety
company qualified to do business as surety in the
sum of $20,000.
C.
At least one salesman's license shall be issued for
each business. License fees charged and received by
the commission shall be the same as for all other
salesmen licensed by the commission as described in
R.S. 781(33).
D.
Used parts and accessories are broadly defined as
any item removed from a used motor vehicle for the
purpose of resale, except used batteries, wheel
covers and hubcaps, and tires. Used parts and
accessories do not include rebuilt or remanufactured
parts and accessories.
E.
License fees charged and received by the commission
for licenses issued on dealers above shall be the
same as for all other dealers licensed by this
agency as is described in R.S.32:802(A).
F.
At least one salesman's license shall be issued for
each business. License fees charged and received by
the commission shall be the same as for all other
salesmen licensed by the commission as described in
R.S. 32:802.
G. A
surety bond will not be required for dealers whose
principal business is selling used parts.
AUTHORITY NOTE: Promulgated in accordance with R.S.
32:802.
HISTORICAL NOTE: Promulgated by the Department of
Commerce, Used Motor Vehicle and Parts Commission,
LR 11:1063 (November 1985), amended by Department of
Economic Development, Used Motor Vehicle and Parts
Commission, LR 20:535 (May 1994), promulgated LR
20:645 (June 1994), LR 24:1683 (September 1998),
amended LR 25:245 (February 1999), amended by the
Office of the Governor, Recreational and Used Motor
Vehicle Commission, LR 30:2481 (November 2004), LR
33:1634 (August 2007).
§2905.
Qualifications and Eligibility for Licensure
A. The commission, in determining the
qualifications and eligibility of an applicant for
a dealer’s license, will base its determination
upon the following factors.
1. The ability of the applicant to establish an
adequate place of business properly zoned in the
municipality, provide a suitable office, have a
permanently affixed sign, clearly visible from the
street or roadway at a minimum of 16 square feet and
subject to local zoning laws, in front of the
establishment which denotes that vehicles are
offered for sale at the location to which the sign
is affixed. Existing signs prior to adoption of
this rule will not have to meet the new
requirements. If two or more dealers share a
location, each dealer must display his own sign.
Applicant must have an installed telephone listed in
the business name at the place of business, the
number of which should be listed on the application
for license. Each dealer must have their own listed
business telephone. No cellular telephones will be
allowed in lieu of an installed business telephone.
The commission must be notified of any change in the
telephone number. 2. All dealers, except those who
deal solely with trailers, are required to keep in
force a garage liability insurance policy on all
vehicles offered for sale or used in any other
capacity in demonstrating or utilizing the streets
and roadways in accordance with the financial
responsibility laws of the state. For those dealers
who, in addition to selling vehicles, conduct the
business of daily vehicle rentals, a separate
renter’s policy must be in effect.
3. The applicant’s business integrity, based upon
the applicant’s experience in the same or similar
businesses, his business history, and whether such
applicant will devote full or part time to the
business.
AUTHORITY NOTE: Promulgated in accordance with R.S.
32:772(F)(2).
HISTORICAL NOTE: Promulgated by the Department of
Commerce, Used Motor Vehicle and Parts Commission,
LR 11:1062 (November 1985), amended by the
Department of Economic Development, Used Motor
Vehicle and Parts Commission LR 15:258 (April 1989),
LR 15:375 (May 1989), LR 24:1682 (September 1998),
LR 25:245 (February 1999), amended by the Office of
the Governor, Used Motor Vehicle and Parts
Commission, LR 30:436 (March 2004), amended by the
Office of the Governor, Recreational and Used Motor
Vehicle Commission, LR 30:2480 (November 2004), LR
33:1635 (August 2007).
§2907. Established Place of Business
A. An established
place of business shall mean a permanently enclosed
building or structure either owned in fee, leased or
rented, which meets local zoning or the municipal
requirements, and regularly occupied by a person,
firm or corporation, easily accessible to the public
at which a regular business of selling used motor
vehicles will be carried on in good faith; and, at
which place of business shall be kept and maintained
the books, records, and files necessary to conduct
the business; and, shall not mean tents, temporary
stands, lots, or other temporary quarters.
AUTHORITY NOTE: Promulgated in accordance with R.S.
32:783(F).
HISTORICAL NOTE: Promulgated by the Department of
Commerce, Used Motor Vehicle and Parts Commission,
LR 11:1063 (November 1985), amended by the Office of
the Governor, Recreational and Used Motor Vehicle
Commission, LR 33:1635 (August 2007).
Chapter 30. Recreational Products Trade Show;
Definitions, License Fees and Applications;
Violations and Regulation
§3001. Definitions
Display Permit―a
temporary license issued to a nonresident exhibitor,
to display recreational products at a trade show or
exposition. The permit issued shall be for the
duration of the trade show only and shall not exceed
14 days.
Local Trade Show―a
trade show in which the promoter's initial
invitation is limited to Louisiana-licensed dealers
within a 30-mile radius around the show location.
Nonresident
Exhibitor―a
nonresident dealer or manufacturer of recreational
products who holds a current dealer or manufacturer
license in another state and whose Louisiana
business is limited to participation in trade shows
or expositions in this state.
Promoter―any
person, firm, association, corporation, partnership,
limited liability company or trust, who alone or
with others assumes the financial responsibility of
a recreational products trade show or exposition in
which recreational products are displayed by
licensed dealers, manufacturers or distributors, or
exhibitors as provided herein.
Recreational
Products―any
new or used recreational vehicle, motorcycle, ATV,
or marine product.
Regional Trade
Show―a
trade show in which the promoter's initial
invitation is only limited to Louisiana-licensed
dealers and whose subsequent invitations may include
any nonresident exhibitor who will display and show
any product not displayed or shown by a
Louisiana-licensed dealer.
Trade Show―a
controlled event in which a promoter charges or
barters for booth space and/or charges for spectator
entrance in which three or more recreational
products dealers exhibit vehicles.
Trade Show Permit―a
temporary license issued to a promoter to perform a
recreational products trade show.
AUTHORITY NOTE: Promulgated in accordance with
R.S. 32: 783(F)(7).
HISTORICAL NOTE: Promulgated by the office of the
Governor, Recreational and Used Motor Vehicle
Commission, LR 34:435 (March 2008).
§3002.
License Fees and Applications
A.
Promoters of
recreational products trade shows shall be required
to obtain a license from the commission and its
request for license shall consist of the following:
1. the
application for license shall be on forms prescribed
by the commission and shall require such information
as the commission deems necessary to enable it to
determine the qualifications and eligibility of the
applicant;
2. a license fee
of $100;
3. a promoter's
license shall be for one calendar year and shall
expire on December 31.
B.
A promoter shall
also be required to obtain a trade show permit from
the commission and its request for a permit shall
consist of:
1. the identity
of at least three participants, the start date,
ending date, location of the proposed trade show or
exposition, and the type of vehicles to be promoted
at the trade show;
2. an official
designation as to whether the trade show is a
regional trade show, with proof supporting that the
show facilities have adequate space to host the type
of show being permitted;
3. a fee of $500
per regional trade show;
4. a fee of $200
per local trade show.
C.
A nonresident
exhibitor shall be required to provide the following
documents to the commission to obtain a display
permit to display recreational products in a trade
show:
1. an oath or
affirmation that the nonresident exhibitor has
complied with all registration requirements of the
state in which he conducts his business including
any requirements pertaining to posting of bond and
demonstration of fiscal responsibility;
2. a notarized
copy of the dealer's or manufacturer's current
license issued in the state in which he conducts his
business;
3. the name,
site, and dates of the show or exposition for which
a nonresident exhibitor's permit is sought and the
name and address of the promoter of that show or
exposition;
4. such other
pertinent information consistent with the
safeguarding of the public interest and public
welfare;
5. an application
fee of $100.
D.
A
Louisiana-licensed recreational products dealer who
participates in a recreational products show or
exposition shall not be deemed to have an additional
place of business at that show or exposition and
shall not be charged any permit fees.
E.
All applications
to the commission for display permits received
within five days of that start of the trade show or
exposition shall be charged a $50 late processing
fee.
AUTHORITY NOTE: Promulgated in accordance with
R.S. 32:783(F)(7).
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Recreational and Used Motor Vehicle
Commission LR 34:436 (March 2008).
§3003.
Order of Preference and Priority
A.
The following
order of preference shall be observed by the
promoter in arranging a regional trade show.
1. The promoter
shall first contact all Louisiana-licensed dealers
who sell the type of vehicles being promoted, and
those Louisiana-licensed dealers who accepted the
invitation to attend the show shall exclude all
nonresident exhibitors from displaying or showing
the particular line of recreational products that
they are displaying at the show or exposition. The
acceptance of an invitation by a Louisiana-licensed
dealer shall be expressed as a signed contract for
space and accompanied by any deposits required by
the show promoter and shall be performed within a
reasonable time following the invitation as required
by the promoter.
2. The promoter
may then invite any nonresident exhibitor to attend
the show or exposition to display and show any
product not displayed or shown by a
Louisiana-licensed dealer.
B.
The following
order of preference shall be observed by the
promoter in arranging a local trade show.
1. The promoter
shall first contact all Louisiana-licensed dealers
who sell the type of vehicles being promoted,
starting within a 30-mile radius of the proposed
show or exposition, and those Louisiana-licensed
dealers within a 30-mile radius to the show who
accepted the invitation to attend the show shall
exclude all other dealers from outside of 30 miles
from displaying or showing the particular line of
recreational products that they are displaying at
the show or exposition.
2. The promoter
may invite but shall accept any requests from a
Louisiana-licensed dealer, who is not excluded by
the provision above and is beyond 30 miles to attend
a show or exposition, and those Louisiana-licensed
dealers who attend the show shall exclude all
nonresident exhibitors from displaying or showing
the particular line of recreational products that
they are displaying at the show or exposition.
3. The promoter
may then invite any nonresident exhibitor to attend
the show or exposition to display and show any
product not displayed or shown by a
Louisiana-licensed dealer.
AUTHORITY NOTE: Promulgated in accordance with R.S.
783 (F)(7).
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Recreational and Used Motor Vehicle
Commission, LR 34:436 (March 2008).
§3004. Violations
A. It shall be
unlawful and shall constitute a violation of this
Chapter:
1. for
a recreational products dealer or a non resident
exhibitor to display or show recreational products
at any trade show except as allowed in §3003 above;
2. for
a nonresident exhibitor to display or show
recreational products at a trade show without first
obtaining a display permit;
3. for
a promoter:
a. to knowingly
allow any dealer or nonresident exhibitor to display
recreational products in any manner other than what
is allowed in §3003 above;
b. to knowingly
allow any dealer or nonresident exhibitor of
recreational vehicles to display or show any line of
recreational vehicles offered by any licensed
recreational vehicle dealer whose franchise area
includes the location of the trade show, unless the
recreational vehicle dealer whose franchise
territory includes the location of the trade show
consents to the display;
c. to knowingly
allow a nonresident exhibitor to display or show
recreational products without having a display
permit;
d. to fail to
keep all records of attending dealers and sufficient
and reasonable proof of the required invitations to
dealers and proof that dealers who have declined to
attend a trade show or exposition for a period of
three years;
e. to allow a
manufacturer or distributor, other than a
nonresident exhibitor, to exhibit vehicles in any
manner other than through a licensed dealer;
f. to fail to
provide to the commission 10 days prior to the trade
show a complete list of all dealers participating in
the trade show;
4. for
a licensed recreational products dealer or
nonresident exhibitor to complete a sales
transaction (by accepting the purchase funds,
completing the paperwork and/or delivering product)
for any recreational products at a trade show. Said
restriction shall not apply or extend to sales and
price negotiation, accepting deposits, setting
closing dates, or completing a buyer's order;
5. for
a licensed recreational vehicle dealer to knowingly
display at a trade show the same line of
recreational vehicles as displayed by a licensed
recreational vehicle dealer whose franchise
territory includes the location of the trade show,
unless the recreational vehicle dealer whose
franchise territory includes the location of the
trade show consents to the display;
6. for
a licensed recreational vehicle manufacturer or
distributor to exhibit recreational vehicles at a
trade show in any manner other than through a
licensed dealer.
AUTHORITY NOTE: Promulgated in accordance with R.S.
32:783(F)(7).
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Recreational and Used Motor Vehicle
Commission, LR 34:436 (March 2008).
§3005. Miscellaneous Provisions; Enforcement
A.
If a recreational
vehicle trade show is being held in a location where
the same line makes or models of recreational
vehicles does not have a dealer with a franchise
territory, it shall be the manufacturer's
responsibility to determine which licensed dealer(s)
will represent that same line makes or models at the
trade show.
B.
The commission
shall have authority to issue any orders necessary
to enforce the provisions of this Section, including
the entry of a cease and desist order which may be
enforced in any proper venue including the parish of
East Baton Rouge.
C.
In addition to the
enforcement of any necessary orders, the commission
may suspend or revoke any license and/or it may
impose a penalty in accordance with R.S. 32:788. In
such cases, the affected licensee will be given all
notices, opportunity to be heard and rights to
appeal as conferred in R.S. 32:785.
AUTHORITY NOTE: Promulgated in accordance with R.S.
32:783(F)(7).
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Recreational and Used Motor Vehicle
Commission, LR 34:437 (March 2008).
§3006. Off-Site Displays―Marine Products
A. The commission
must approve all off-site displays of new marine
products. A request for an off-site display must be
received and approved by the commission seven days
prior to the commencement of the display.
B. The location
of any off-site display must be within the dealer's
defined area of responsibility or within his
manufacturer's contracted agreement for the make and
mode to be displayed.
C. The licensee
participating in an off-site display of his product
is not required to contract all dealers within a 50
mile radius.
D. Each off-site
display of marine products is limited to:
1. one marine
dealer;
2. nine days and
four displays a year. An off-site display of marine
products will be permitted at the same location
every six months.
E.
The number of
vehicles at any off-site display of marine products
will be left to the discretion of the commission,
with a maximum of 20 vehicles per licensee, per
display.
F.
The presence of
any sales personnel, business cards, brochures,
pricing sheets and other points of sales devices
will be allowed to answer consumer questions.
However, marine products cannot be delivered from
that off-site display location.
G.
Any licensee
participating in an off-site display without the
approval of the commission will be in violation of
R.S. 32:814(A)(7)(d) and will result in a minimum
penalty of $500 per vehicle, per display for the
first offense.
H.
A licensee must
furnish a liability insurance binder to the owner of
the off-site property. The same liability binder
with the off-site property and owner listed must be
furnished to the commission with the Off-Site
Display Form.
I.
This policy is
separate from the rules and regulations pertaining
to trade shows.
AUTHORITY NOTE: Promulgated in accordance with R.S.
32:783.
HISTORICAL NOTE: Promulgated by the Office of the
Governor, Recreational and Used Motor Vehicle
Commission, LR 34:437 (March 2008).
Chapter 31. License for Salesman
§3101.
Qualifications and Eligibility for Licensure
A. The
commission, in determining the qualifications and
eligibility of an applicant for a salesman license,
will base its determinations upon the following
factors.
1. The
applicant's business integrity, based upon the
applicant's experience in the same or similar
businesses, his business history, and whether such
applicant will devote full or part time to the
business.
2. A license for
a salesman will not be issued, renewed or endorsed
until the employing dealer is licensed and has
certified that the applicant for said license is in
his employ and applicant is listed on the insurance
statement and covered under the dealer's liability
insurance policy. It is not intended that the dealer
pay for licenses for its salesmen. However, for
convenience, the dealer may do so on a reimbursable
basis or any other plan satisfactory to its
organization. All salesmen's licenses will be sent
to the dealer for distribution to the respective
applicants, and the dealer will determine that all
its personnel required to obtain licenses have done
so.
B. A salesman's
license shall consist of an identification card
bearing the name, address, name of employer, date,
signature of the executive director, salesman's
license number prefixed with SM, followed by an
electronic number. The card shall be carried upon
his person at all times when acting as a salesman at
license location.
C.
Upon termination
of employment, the salesman license will be returned
by the dealer to the office of the Recreational and
Used Motor Vehicle Commission within
10 days.
D. A salesman may
not hold more than one salesman's license at any one
time or be employed by or sell for, any dealer other
than the dealer and at the address designated on the
salesman's license, with the exception that the
licensed dealer has more than one location. The
licensed dealer and licensed salesman may sell on
each location properly licensed as additional
locations, provided the additional locations are in
the same name as the principal location.
AUTHORITY NOTE: Promulgated in accordance with R.S.
32:781(33).
HISTORICAL NOTE: Promulgated by the Department of
Commerce, Used Motor Vehicle and Parts Commission,
LR 11:1063 (November 1985), amended by the
Department of Economic Development, Used Motor
Vehicle and Parts Commission, LR 15:258 (April
1989), LR 25:245 (February 1999), amended by the
Office of the Governor, Recreational and Used Motor
Vehicle Commission, LR 30:2481 (November 2004), LR
33:1635 (August 2007).
Chapter 35. Buyer Identification Card
§3501. Buyer Identification Card Required
A. Sales at a
salvage pool, salvage disposal sale, or through an
insurance company shall be opened only to persons
possessing a buyer's identification card to buy at a
salvage pool, salvage disposal sale, or through an
insurance company.
AUTHORITY NOTE: Promulgated in accordance with R.S.
32:762.
HISTORICAL NOTE: Promulgated by the Department of
Commerce, Used Motor Vehicle and Parts Commission,
LR 11:1064 (November 1985), amended by the
Department of Economic Development, Used Motor
Vehicle and Parts Commission, LR 15:259 (April
1989), LR 15:1058 (December 1989).
§3503. Qualifications and Eligibility for Buyer Identification Card
A. The
commission, in determining the qualifications and
eligibility of an applicant for a buyer's
identification card, will base its determinations
upon the following factors.
1. Identification
cards to bid or buy at salvage pools, salvage
disposal sales, or through insurance companies shall
be available to any person, business, or
corporation, or licensed employee thereof,
possessing a valid used car dealer's license, a
valid auto recycler's license, or a valid auto
dismantler's license. Any one of these dealers'
licenses may originate in or out of the state of
Louisiana.
2. Completion of
Official Recreational and Used Motor Vehicle
Commission Application Forms. Payment of Louisiana
state general sales tax is due on all vehicles
purchased at a salvage pool or salvage disposal sale
and applicant must certify that applicant will
faithfully adhere to this requirement.
B. The buyer's
identification card shall include the name, address,
driver's license number, any one of the
aforementioned dealers' license numbers, physical
description, and signature of the applicant and the
name and address of the employer of the applicant.
The buyer's identification number to be prefixed
with BI, followed by an electronic number. Cards
obtained for the buyers will be $25 each for
Louisiana resident and $200 each for out-of-state
resident. Out of state buyers must provide proof
that they are a licensed used motor vehicle dealer,
auto recycler, auto dismantler or employee thereof.
A duplicate identification card will be issued to
all buyers that will consist of individual's name,
driver's license number, Social Security number,
dealership name, dealer number, salesman number,
photograph and the individual's signature. This card
must be carried with the individual and produced on
demand while conducting the business for which this
license has been issued. Applicants may provide a
copy of the license. However, if the commission has
reasonable cause to suspect that the copy is forgery
or inaccurate, then the commission may require the
applicant to produce a certified copy of the
license.
C.
The buyer's identification card shall be carried
upon the cardholder's person and same displayed to
owner, manager, or person in charge of any salvage
pool or salvage disposal sale, representative of the
commission or any identifiable law enforcement agent
of the state, city or municipality. The buyer's
identification card is not transferable or
assignable. Physical description and signature of
cardholder must be compared with cardholder's
driver's license for valid identification by owner,
manager, or person in charge of any salvage pool or
salvage disposal sale. It shall be the duty of the
owner, manager or person in charge of any salvage
pool or salvage disposal sale to refuse to sell to
any person any wrecked or repairable motor vehicle
if such person does not display a valid buyer's
identification card.
1. Each buyer's
identification cardholder may be accompanied to any
salvage pool or salvage disposal sale by a mechanic
or other technical expert of his choice, prior to
the actual sale. At the time of the actual bidding,
only valid bid cardholders shall be present.
2. A technical
expert is one who is knowledgeable in a specialized
field, that knowledge being obtained from either
education or personal experience, regarding a
subject matter about which persons having no
particular training are incapable of forming an
accurate opinion or making a correct deduction.
AUTHORITY NOTE: Promulgated in accordance with R.S.
32:808.
HISTORICAL NOTE: Promulgated by the Department of Commerce, Used
Motor Vehicle and Parts Commission, LR 11:1064
(November 1985), amended by the Department of
Economic Development, Used Motor Vehicle and Parts
Commission, LR 15:259 (April 1989), LR 15:1058
(December 1989), amended by the Office of the
Governor, Used Motor Vehicle and Parts Commission,
LR 28:1588 (July 2002), amended by the Office of the
Governor, Recreational and Used Motor Vehicle
Commission, LR 30:2481 (November 2004), LR 33:1635
(August 2007).
Chapter 36.
Recreational Products Trade Shows
Subchapter A.
Recreational Products
§3601.
Definitions
Exhibitor-a
nonresident dealer who meets the definition of a
recreational products dealer subject to license
under R.S. 32: 811(A), but holds a current dealer
license in another state and whose Louisiana
business is limited to participation in vehicle
trade shows or expositions in this state.
Manufacturer
or Distributor-any person, resident or
nonresident who fabricates, manufactures, or
assembles new and unused vehicles or who in
whole or in part maintains distributor
representatives licensed under R.S.32:784.
Permit-a
temporary license issued to a licensed used motor
vehicle dealer, exhibitor, manufacturer or
distributor, to display vehicles at a vehicle
trade show or exposition. The permit issued shall
be for the duration of the trade show only and
shall not exceed 14 days.
Promoter-means
any person of Louisiana residence who alone or
with others assumes the financial responsibility
of a vehicle trade show or exposition in which
vehicles are displayed by dealers, manufacturers
or distributors, licensed under R.S. 32:784.
Trade
Show-means a controlled event in which a
promoter charges or barters for booth space and/or
charges for spectator entrance in which 3 or more
used motor vehicle dealers exhibit vehicles.
Recreational
Products Dealer - any person
subject to
license under R.S. 32:784 and 811.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 32:783(F)(7).
HISTORICAL NOTE:
Promulgated by the Department of Economic
Development, Used Motor Vehicle and Parts
Commission, LR 16:113 (February 1990), LR 25:1792
(October 1999), amended by the Office of the
Governor, Recreational and Used Motor Vehicle
Commission, LR 33:1635 (August 2007).
§3603. License, Fees and Applications
A. Promoters of
recreational products trade shows shall be
required to obtain a license from the Louisiana
Recreational and Used Motor Vehicle Commission and
the license application shall consist of the
following:
1. application
for license shall be on forms prescribed by the
commission and shall require such information as
the commission deems necessary to enable it to
determine the qualifications and eligibility of
the applicant;
2. a license
fee of $100;
3. a promoter’s
license shall be for one calendar year and shall
expire on December 31;
4. a promoter
shall also be required to obtain a permit for any
trade show or exposition from the LRUMVC;
5. a permit fee
of $50 will be charged for each show.
B.
An exhibitor
shall be required to obtain a permit to display
vehicles in a trade show or exposition which shall
consist of the following:
1. an oath or
affirmation that the exhibitor has complied with
all registration requirements of the state in
which he conducts his business including any
requirements pertaining to posting a bond and
demonstration of fiscal responsibility;
2. a notarized
copy of the dealer’s current license issued in the
state in which he conducts his business;
3. the name,
site, and dates of the show or exposition for
which an exhibitor’s permit is sought and the name
and address of the promoter of that show or
exposition;
4. such other
pertinent information consistent with the
safeguarding of the public interest and public
welfare;
5. an
application fee of $100.
C.
A recreational products dealer shall be required
to obtain a permit to display recreational
products in trade shows or expositions and consist
of the following:
1. an
application giving the dealer name, address and
current dealer number;
2. a licensed
recreational products dealer who participates in a
recreational products show or exposition shall not
be deemed to have an additional place of business at
that show or exposition and shall not be charged any
permit fees.
D.
All applications for permits received with 5 days of
the start of the trade show or exposition shall be
charged a $50 late processing fee.
AUTHORITY NOTE:
Promulgated in accordance with R.S. 32:783(F)(7).
HISTORICAL NOTE:
Promulgated by the Department of Economic
Development, Used Motor Vehicle and Parts
Commission, LR 16:113 (February 1990), amended by LR
19:1021 (August 1993), LR 25:1792 (October 1999),
amended by the Office of the Governor, Recreational
and Used Motor Vehicle Commission, LR 33:1636
(August 2007).
§3605. Qualifications and Eligibility of
Recreational Products Trade Shows
A. Promoters of
recreational products trade shows or expositions in
which a dealer, manufacturer, or distributor, which