Section 0960-05-.08 - AUTOMOTIVE MOBILITY DEALER APPLICATIONS AND REQUIREMENTS(1) An applicant for an automotive mobility dealer license shall comply with the same requirements as a motor vehicle dealer in T.C.A. § 55-17-111 and shall provide the Commission with all information required by this section.(2) Applicants are required to provide the Commission, and keep current, the names of any inventory financers, i.e. "floor planners" used by the dealership.(3) An automotive mobility dealer applicant shall provide to the Commission a compiled financial statement indicating a minimum net worth of at least Fifty Thousand Dollars ($50,000.00). The compiled financial statement must be prepared in accordance with generally accepted accounting principles by a certified public accountant or public accountant dated not earlier than twelve (12) months prior to the date of the application, and a copy of the same must be furnished to the Commission along with any changes to the statement.(4) An applicant for an automotive mobility dealer license shall certify compliance with the following: (a) T.C.A. § 55-9-201 et seq. regarding the required equipment of vehicles operated in Tennessee;(b)49 C.F.R. Part 567 regarding the modification and alteration of motor vehicles;(c)49 C.F.R. Part 571, Federal Motor Vehicle Safety Standards; and(d)49 C.F.R. Part 595 regarding make inoperative exemptions.(5) An automotive mobility dealer applicant that actually modifies motor vehicles to create adapted vehicles, installs mobility equipment, or services or repairs adapted vehicles or mobility equipment shall certify: (a) That all mobility equipment and materials utilized in the modification, installation, servicing or repair comply with applicable federal and state guidelines, as set forth in paragraph (4) of this rule and;(b) That the relevant personnel of the automotive mobility dealer have been trained and certified, if applicable, by the equipment manufacturers or other competent authority with regard to the modification, installation, repair or servicing.(6) Prior to the delivery of an adapted vehicle to a customer, an automotive mobility dealer shall: (a) Verify that the customer received appropriate training regarding operation and usage of the adapted vehicle purchased;(b) Verify that the customer received a driver evaluation regarding operation and usage of the adapted vehicle purchased to ensure his/her ability to operate the vehicle in a safe manner; and(c) Retain a record of compliance with the requirements of Rule 0960-05-.08(5)(a) & (b) as part of its business record.Tenn. Comp. R. & Regs. 0960-05-.08
Emergency rule filed March 24, 2011; effective through September 20, 2011. Original rule filed June 22, effective September 20, 2011.Authority: T.C.A. §§ 55-17-107, 55-17-111 and 55-17-302.