§ 19.18. Established place of business for dealers.

 A licensed dealer shall maintain an established place of business that meets the following criteria:

   (1)  Permanent enclosed building. The dealer shall own or rent a permanent enclosed building for use by the dealership. A permanent enclosed building may consist of an office trailer with skirting and a permanent foundation. The dealership must be separated from adjoining businesses and residences by partitions or walls.

   (2)  Private office. The dealership must have a private office, separate from display areas and repair and servicing facilities, that has space for the storage of books and records.

   (3)  Display area. The dealership must have a display area—whether indoors, outdoors or partly indoors and partly outdoors—where the public is permitted and invited in the regular course of business to inspect or test drive the vehicles that are being offered for sale, purchase or exchange by the dealership. The display area may not include areas of the dealership premises on which are placed vehicles that are wrecked or damaged, that are awaiting reconditioning or preparation for sale, purchase or exchange, that are being serviced or repaired, that are part of general inventory, or that are otherwise not being offered for sale, purchase or exchange to the public. The display area shall meet the following requirements:

     (i)   Size.

       (A)   The display area of a dealership that buys, sells or exchanges vehicles must be large enough for the display of at least five vehicles—with doors opened—of the kind that are bought, sold or exchanged by the dealership. The display area of a dealership that buys, sells or exchanges recreational vehicles, manufactured housing and mobile homes must have a display area of at least 5,000 square feet, unless exempted by section 5(e)(3) or (4) of the act (63 P. S. §  815.5(e)(3) and (4)).

       (B)   The minimum size display area requirements of this paragraph do not apply to a licensed vehicle dealer that sells only new firefighting or emergency service vehicles.

     (ii)   Grading and surfacing. An outdoor display area must be properly graded. The outdoor display area of a dealership that buys, sells or exchanges vehicles must be surfaced with concrete, asphalt, slag, brick, stone, aggregate, gravel, cinder or similar material. A dealership that otherwise complies with this paragraph may display up to five vehicles without regard for the grading or surfacing where those vehicles are displayed, so long as customers are not permitted to be present in the nonconforming area. A dealer may demonstrate that customers are not permitted to be present in the nonconforming area by posting a no-trespassing or similar sign, erecting a barrier or taking another reasonable precaution.

     (iii)   Separation from adjacent parking areas. An outdoor display area must be separated from the parking areas of adjacent businesses and residences by grass strips, ropes and pennants, painted lines or some other conspicuous means of separation.

     (iv)   Lighting. If a dealership with an outdoor display area intends to be open during evening hours, the display area must be lighted adequately.

   (4)  Repairs and ancillary services. A dealership that buys, sells or exchanges mobile homes or manufactured housing must do one of the following:

     (i)   Provide transportation, installation and repair services to its customers.

     (ii)   Make available to its customers a list of persons or companies who provide transportation, installation and repair services.

   (5)  Telephone. The dealership must have a single business line telephone, located within the permanent enclosed building, that is used for the dealership. The telephone number must be listed under the dealership’s licensed name.

   (6)  Sign. The dealership must exhibit a sign, either permanently affixed to the building or erected in the outdoor display area, that shows the licensed name of the dealership and that is visible to the public.

   (7)  Land-use ordinances. The dealership must be in full compliance with applicable building codes, zoning ordinances and other land-use ordinances.

   (8)  Fire-safety requirements. A dealership must posses a certificate of occupancy issued by a building code official in accordance with the Pennsylvania Construction Code Act (35 P. S. § §  7210.101—7210.1103).

   (9)  Posting of business hours. The dealership must post its regular business hours in a conspicuous place for the visiting public.

Authority

   The provisions of this §  19.18 issued under sections 2 and 5(e) of the Board of Vehicles Act (63 P. S. § §   818.2 and 818.5(e)); amended under section 4(9) of the Board of Vehicles Act (63 P. S. §  818.4(9)).

Source

   The provisions of this §  19.18 adopted March 7, 1986, effective March 8, 1986, 16 Pa.B. 673; amended June 15, 1990, effective June 16, 1990, 20 Pa.B. 3158; amended July 19, 2002, effective July 20, 2002, 32 Pa.B. 3485; amended July 2, 2004, effective July 3, 2004, 34 Pa.B. 3410; amended December 3, 2004, effective December 4, 2004, 34 Pa.B. 6407. Immediately preceding text appears at serial pages (305545) to (305547).

Cross References

   This section cited in 49 Pa. Code §  19.17a (relating to branch lots); and 49 Pa. Code §  43b.9 (relating to schedule of civil penalties—vehicle manufacturers, dealers and salesperson).



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