Code of Maine Rules
29 - DEPARTMENT OF THE SECRETARY OF STATE
250 - BUREAU OF MOTOR VEHICLES
Bureau of Motor Vehicles
Chapter 103 - RULES FOR VEHICLE DEALERS, AUCTIONS, TRANSPORTERS, RECYCLERS, MOBILE CRUSHERS, AND LOANERS
Section 250-103-VIII - REQUIREMENTS FOR HOLDERS OF LOANER PLATES
Universal Citation: 29 ME Code Rules ยง 250-103-VIII
Current through 2024-38, September 18, 2024
A. Established Place of Business or Annex Location. The established place of business or annex of a holder of loaner plates shall:
1. Be located in a permanent, enclosed
building which:
a. Is in good
repair;
b. Is free of obstructions
or material not related to the business;
c. Has a source of heat;
d. Is owned or leased by the
applicant;
e. Contains a solid wall
separating the established place of business from any other unrelated business
in the building; and
f. Has an
entrance used exclusively to gain access to the established place of
business.
2. Not be
required to have a display area unless the applicant is licensed as a
dealer;
3. Have an office which:
a. Is located at the established place of
business or annex;
b. Is heated
during business hours;
c. Is
entered through a door which is properly labelled and readily accessible to the
public;
d. Contains at least one
desk and a metal or wooden filing cabinet manufactured for that purpose. The
filing cabinet is not required if the desk is equipped with drawers suitable in
size and design for storing and filing business records. Books and records may
be kept at the primary location when applying for an annex;
e. Is completely enclosed by floor to ceiling
construction. (Tar paper, sheathing paper or cardboard are not allowed as a
finished surface);
f. Is separate
from any living quarters;
g. Is
reasonably free of debris and unrelated materials.
4. Have reasonable business hours which:
a. Shall be posted and clearly visible on the
exterior or through a window of the building identified as the established
place of business or annex.
5. Have a repair facility:
a. Located within the building or buildings
identified as the established place of business or annex;
b. Which is heated and reasonably free of
debris, hazards and unrelated materials; and
c. Which is equipped with the necessary tools
of the business operated.
d. Which
has a hard surface, non-dirt floor.
6. Display the license and supplement
license(s) issued in a public place visible to the general public:
7. Have a sign which meets the following
requirements (unless a municipality has established ordinances regulating signs
contrary to these rules, whereupon the Secretary of State, upon notification by
the dealer of such an ordinance, may grant an exception to these rules to the
licensee affected);
a. The sign shall be
permanently mounted;
b. The sign
shall be displayed at the established place of business and at the annex or
secondary location used by the licensee;
c. The sign shall contain the trade or
business name of the licensee and related business only; and
d. The sign shall be visible from the
entrance to the lot.
8.
Maintain records as required by
29-A M.R.S.
§1003(4). Records shall
be kept for a minimum of five years.
B. Application. In addition to the basic application, an applicant for loaner registration and plates shall:
1. Answer, on a form prescribed by the
Secretary of State, basic questions relative to the ownership and facilities of
the established place of business or annex and shall swear before a notary as
to the truthfulness of the answers.
2. Except as provided in subparagraph "c"
below, submit to an investigation as follows:
a. Upon receipt of an application for loaner
registration, the Secretary of State shall conduct an investigation into the
ownership and facilities of the established place of business or annex of
loaners;
b. Prior to approval of an
application for loaner registration and plates, an inspection report shall be
submitted to the Secretary of State affirming that the business conforms to all
applicable laws, rules and regulations. Periodic inspections of the premises
and facilities will be conducted thereafter to ensure continued compliance with
all applicable laws, rules and regulations;
c. An investigation shall be waived for
loaner applicants who are already licensed as dealers.
d. Applicants shall submit to State Bureau of
Identification background check upon initial and renewal application. The
Bureau of Motor Vehicles will request and receive the background check from the
State Bureau of Identification. A fee for the background check will be assessed
at time of initial and renewal application pursuant to Title
25 MRSA Sec.
1541(1).
e. State criminal history record information
shall be used for the purpose of screening dealer applicants in order to
determine whether issuance of a dealer license is granted or
maintained.
3. Loaner
Plate License holders shall provide current contact information to include
primary or secondary telephone and mailing address, and an e-mail address if
available as frequent statutory updates are disseminated via e-mail;
4. Loaner Plate License holders shall make
notification of changes to any of the contact information within 30 days, in
writing or other means approved by the Secretary of State, of the old and new
contact information.
5. Pay the
appropriate filing fee at the time of application if the facilities are subject
to investigation;
6. File proof of
insurance as required by
29-A
M.R.S. §1612;
7. Furnish copies of properly recorded
partnership papers, authority to operate under an assumed name, if applicable,
proof of incorporation in the State of Maine, or proof of authority for a
foreign corporation to conduct business in the State of Maine;
8. Furnish copies of a lease if the
facilities are leased; and 9. Furnish proof of compliance with applicable
building codes, zoning codes and other land use regulatory ordinances in the
Maine municipality where the established place of business or annex is
operated.
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