Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule specifies the requirements a motor
vehicle dealer must meet in order to participate in a show or sale conducted
away from their bona fide established place of business as provided in section
301.566,
RSMo.
(1) For purposes of
this rule, dealers shall be divided into classes, as provided in section
301.550.3, RSMo, as follows:
(A) Classic
motor vehicle dealer-A dealer of motor vehicles at least five (5) years of age
that were produced in limited numbers or otherwise have special value unrelated
to basic transportation, excluding recreational motor vehicles, historic motor
vehicles, motorcycles, motortricycles and all terrain vehicles;
(B) Franchised new motor vehicle dealer- A
dealer of new motor vehicles, excluding recreational motor vehicles,
motorcycles, motortricycles and all terrain vehicles, and of used motor
vehicles for sale. The term "franchised new motor vehicle dealer" is not
synonymous with the term "new motor vehicle franchise dealer" as defined in
section 301.550.1, RSMo. It is a narrower term that excludes dealers of
recreational motor vehicles, motorcycles, motortricycles and all terrain
vehicles;
(C) Historic motor
vehicle dealer-A dealer of motor vehicles that are at least twenty-five (25)
years old, excluding recreational motor vehicles, classic motor vehicles,
motorcycles and motortricycles;
(D)
Powersport dealer-A dealer who sells, either pursuant to a franchise agreement
or otherwise, primarily motor vehicles including but not limited to
motorcycles, all-terrain vehicles and personal watercraft as those terms are
defined in Chapters 301 and 306, RSMo;
(E) Recreational motor vehicle dealer-A
dealer of new or used motor vehicles designed, constructed or substantially
modified for use as temporary housing quarters, including sleeping and eating
facilities which are either permanently attached to the motor vehicle or
attached to a unit which is securely attached to the motor vehicle;
(F) Used motor vehicle dealer-A dealer of
used motor vehicles, provided that the majority of units sold are not
motorcycles, motortricycles, personal watercraft or recreational motor
vehicles. The term "used motor vehicle dealer" as used in section 301.550.3,
RSMo is not synonymous with the term as used in section 301.550.1, RSMo. As
used in this rule, the term is a narrower term that excludes dealers of
historic motor vehicles, classic motor vehicles and wholesale motor vehicles;
and
(G) Wholesale motor vehicle
dealer-A dealer of motor vehicles only to new motor vehicle franchised dealers
or other used motor vehicle dealers or via auctions limited to other dealers of
any class.
(2) For the
purpose of determining pursuant to section 301.566.1, RSMo, whether a majority
of the motor vehicle dealers within a class of dealers in a city or town
participate or are invited and have the opportunity to participate in an
off-premises show or sale, any dealers whose official mailing address is in the
city or town shall be included.
(3)
If motor vehicle dealers from more than one city or town are to participate in
the same off-premises show or sale, a majority of the dealers in each such city
or town must participate or be invited and have the opportunity to
participate.
(4) Show, as used in
section
301.566,
RSMo, shall be deemed to include the stationary display of all or any part of a
motor vehicle dealer's inventory at any location other than the dealer's usual,
bona fide established place of business, regardless of whether sales agents or
other dealership employees or owners are present to promote the sale of or to
sell the displayed vehicle(s) or to otherwise transact business concerning the
dealership, except:
(A) Promotions or
contests, conducted by a person or business who is not a licensed motor vehicle
dealer, which involve the stationary display of a dealer's motor vehicle as a
means of attracting attention to and participation in the promoter's event,
service or product. The dealer providing the motor vehicle must remove all
items identifying the dealership from the motor vehicle prior to its display,
with the exception of such information as may be required by federal or state
law to be displayed on the vehicle. The promoter, not the dealer, may identify
the dealer only by means of a notation on its promotional material stating
"vehicle provided courtesy of (name of dealer)" or similar language;
(B) The display of motor vehicles at meetings
of organizations which are open only to members of the organization and not to
the general public;
(C) The display
of motor vehicles at the Missouri State Fair; and
(D) Parades in which one (1) or more local
dealerships provide motor vehicles from their inventory to be driven as part of
the parade.
(5) Trailers
and vessels, including personal watercraft, are excluded from the provisions of
this rule.
*Original authority: 301.550, RSMo 1988, amended 1993,
1997, 2002; 301.553, RSMo 1988, amended 1989, 1993, 1995, 1997; and 301.566,
RSMo 1988, amended 1993, 1996, 1997.
