Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Facility. Unless otherwise exempted by the act or this
chapter, any location where a licensed vehicle dealer displays or offers
vehicles for sale shall be licensed and comply with the facilities requirements
set forth in the act and §
19.18 (relating to established
place of business for dealers).
(b)
Storage of vehicles. The storage of vehicles by a licensed
vehicle dealer at an unlicensed location will not be considered to be the
display or offer for sale of vehicles at that location if:
(1) The lot is used solely for the storage of
vehicles.
(2) The lot is identified
by a sign with the dealership name and a designation that the lot is for
"storage only." The area may not otherwise be identified.
(3) A salesperson is present at the lot only
as necessary to repair, recondition, inspect or move any of the
vehicles.
(4) A salesperson present
at the unlicensed location does not engage in any demonstration or discussion
of product features of the vehicles and does not discuss any terms of
sale.
(5) The public is not
permitted access to any of the vehicles at the lot and the vehicles are not
capable of being entered or operated (other than by criminal acts).
(6) A sign or other marking at the lot or on
any of the vehicles at the lot (except for a Federally-mandated manufacturer's
price sticker) does not indicate that any of the vehicles at the lot are
available for sale at any other location.
(7) Literature, such as business cards or
brochures, is not available for potential customers to remove from the
lot.
(8) The dealer has provided a
potential customer at the lot with no means, such as telephone, e-mail or
Internet website, to negotiate the sale of, to obtain additional information
concerning, or to otherwise discuss the vehicles at the unlicensed lot or other
vehicles available for sale by the dealer.
(c)
Single vehicle display.
(1) The placement of a single vehicle before
the public will not be considered the buying, selling or exchanging of the
vehicle, as defined in section 2 of the act (63 P. S. §
818.2), if:
(i) The placement is by a vehicle dealer
licensed in this Commonwealth.
(ii)
No more than one vehicle is placed at the location.
(iii) A salesperson present at the location
does not discuss the features of the vehicle or other vehicles handled by the
dealership and does not negotiate or conclude the sale of the vehicle or
another vehicle of the dealer.
(iv)
There is no sales office at the location.
(v) There are no sales forms present at the
location.
(vi) The dealer has
secured the vehicle so that it is not capable of being entered or operated by
potential customers or others (other than by criminal acts).
(vii) The location is not at the licensed
premises of any vehicle dealer or vehicle auction.
(viii) A sign is posted that identifies the
vehicle as for display only and not for sale at that location.
(2) This subsection applies to the
placement of automobiles, light trucks and motorcycles, but does not apply to
the placement of recreational vehicles, mobile homes, manufactured housing, and
other vehicles not identified in this paragraph.
The provisions of this §19.17a issued under
sections 2, 4(4) and (9) and 5(e) of the Board of Vehicles Act (63 P. S.
§§
818.2,
818.4(4) and (9) and
818.5(e)).
