19A N.C. Admin. Code 3D.0216

Current through Register Vol. 39, No. 9, November 1, 2024

Section 03D .0216 - DEFINITIONS

(a) Statutory Definitions: Definitions for words and phrases used in this Section and not defined in subsection (b) shall be the same as the definitions appearing in G.S. 20-286 and G.S. 20-4.01.

(b) Administrative Definitions: The following words and phrases shall have the meanings listed below when used in this Section:

(1) "Established Salesroom" - A salesroom containing at least 96 square feet of floor space in a permanently enclosed building or structure which is separate and apart from any living quarters, residence or other business and having a separate entrance; where any vehicles displayed are separate and apart from vehicles of any other dealer; having displayed thereon or immediately adjacent thereto a sign, in block letters of not less than 3 inches in height on a contrasting background, clearly and distinctly designating the trade name of the business at which a permanent business of bartering, trading and selling of motor vehicles will be carried on as such in good faith and at which place of business shall be kept and maintained the books, records, and files the Division requires as necessary to conduct the business at such location. A building is not considered permanent if it has wheels. In order for a manufactured home to be considered a permanent enclosed building, it must be underpinned and wheels removed. Provided, however, the minimum area requirement provided for in this Paragraph is not applicable to any established place of business lawfully in existence and duly licensed on or before January 1, 1978.

(2) "Established Office" (Wholesaler) - An office containing at least 96 square feet of floor space in a permanently enclosed building or structure which is accessible to Division personnel and is where required books, records and files are kept.

(3) "Suspension" - The temporary withdrawal of a license issued by the Division of Motor Vehicles to a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, wholesaler or their sales representative for a definite period.

(4) "Revocation" - The termination of a license issued by the Division of Motor Vehicles to a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, wholesaler or their sales representative.

(5) "Automobile" - Any passenger car or station wagon.

19A N.C. Admin. Code 03D .0216

Authority G.S. 20-1; 20-302;
Eff. June 1, 1988;
Temporary Amendment Eff. February 9, 1989 for a Period of 180 Days to Expire on August 8, 1989;
Temporary Amendment Expired Eff. August 8, 1989;
Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

Filed as a Temporary Amendment Eff. February 9, 1989 for a Period of 180 Days to Expire on August 8, 1989;
Authority G.S. 20-1; 20-302;
Eff. June 1, 1988;
Temporary Amendment Expired Eff. August 8, 1989;
Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989.