Md. Code Regs. 11.12.01.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.12.01.01 - 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, radio or television, and in or on any notice, sign, billboard, poster, bill catalog, letter, or business card.

(3) "Business license" means a license issued by the Administration under Transportation Article, Title 15, Subtitles 2-3, 5, and 6, Annotated Code of Maryland.

(4) "Clear and conspicuous" means a statement, representation, or term differing from other statements, representations, or terms being made so as to be readily noticeable to the person to whom it is being disclosed either by its size, sound, length of time, color, placement in the advertisement, or the like.

(5) "Consumer goods" means, as referred to in these regulations, a vehicle offered for retail sale for use by individuals primarily for personal, family, or household purposes.

(6) "Dealer" has the meaning stated in Transportation Article, § 15-101, Annotated Code of Maryland.

(7) "Dealer cost" means the total amount the dealer is invoiced by the manufacturer for a vehicle.

(8) "Demonstrator" means a vehicle:

(a) Of the current or preceding model year for which a title has not been issued;

(b) Which has been:

(i) Used solely by the employees, officers, or principals of the dealer, manufacturer, or distributor; or

(ii) Driven for purposes of customer road testing;

(c) Which has been driven more than 500 miles, excluding dealer exchange mileage; and

(d) Which has never been sold to a retail customer, subject to §K of regulation .14 of this chapter.

(9) "Licensee " means an individual or business entity licensed by the Administration under Transportation Article, Title 15, Subtitles 2-6, Annotated Code of Maryland.

(10) "Location" means the fixed location from which business activities are conducted and that is specified in the application for the business license.

(11) "Occupational license" means a vehicle salesman's license issued by the Administration under Transportation Article, Title 15, Subtitle 4, Annotated Code of Maryland.

(12) "Rebate, cash rebate, or other similar phrases" means a deduction granted by a dealer or manufacturer from an amount a purchaser pays to a dealer, or a return by a dealer or manufacturer of part of an amount given in payment by a purchaser to a dealer after a sale of a vehicle has been consummated.

(13) "Representative" means an employee of the business who acts on behalf of the licensee.

(14) "Service provider" has the meaning stated in Transportation Article, § 13-610, Annotated Code of Maryland.

(15) "Vehicle salesman" has the meaning stated in Transportation Article, § 15-101, Annotated Code of Maryland.

Md. Code Regs. 11.12.01.01

Regulations .01 amended effective February 6, 1981 (8:3 Md. R. 227)
Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670); adopted effective 44:5 Md. R. 294, eff. 3/13/2017; amended effective 46:5 Md. R. 306, eff. 3/11/2019; amended effective 49:22 Md. R. 979, eff. 10/31/2022