§ 19.17a. Branch lots.

 (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.

Authority

   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)).

Source

   The provisions of this §  19.17a adopted August 27, 2004, effective August 28, 2004, 34 Pa.B. 4689.



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