29- 250 C.M.R. ch. 103, § II

Current through 2024-51, December 18, 2024

Section 250-103-II - REQUIREMENTS FOR MOTORCYCLE DEALERS, LIGHT TRAILER, HEAVY TRAILER DEALERS, AND EQUIPMENT DEALERS

A.Established Place of Business or Annex. The established place of business and any annex location of a motorcycle dealer, light trailer, heavy trailer or equipment dealer shall:

1. Be located in a permanent, enclosed building(s) which:

a. Is in good repair;

b. Is free of obstructions or material not related to the display, repair or sale of vehicles or other vehicle related items;

c. Has a source of heat;

d. Is owned or leased by the dealer;

e. Contains a solid wall separating the established place of business from any other unrelated business in the building;

f. Has an entrance used exclusively to gain access to the established place of business.

2. Have a display area which meets the following requirements:

a. The display area shall be located at the established place of business or annex;

b. The display area shall be large enough to permit the display of at least 2 of the largest units of the type of vehicle the applicant will be licensed to sell;

c. Any outside surface of the display area shall be paved, graded gravel, crushed rock, or a mowed grassy surface and shall be kept plowed in winter to allow an all weather and all season display of vehicles offered for sale; (Those dealers who are in compliance with IIA-4F (seasonal hours) will be exempt from all season display area standards);

d. Ground space occupied by gas pumps or junk vehicles, and the normal drive approach to the customer parking and repair area shall not be included when determining the size of the display area;

e. The display area shall be free of debris, hazards and unrelated materials;

f. The location, degree of slope and grade of the display area shall be such that the display of vehicles does not constitute a hazard; and

g. Additional or separate lots are allowed, but their location must be reported to the Secretary of State and cannot be used in part or whole to obtain the required area for display purposes. See regulations on secondary locations.

3. Have an office which:

a. Is located at the established place of business or annex;

b. Is not less than 64 square feet in size, is used exclusively for dealership and related business, and is free of unrelated materials and debris;

c. Is heated during business hours;

d. Is entered through a door which is properly labelled and readily accessible to the public;

e. Contains at least one desk, 2 chairs, 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;

f. Is completely enclosed by floor to ceiling construction. (Tar paper, sheathing paper, or cardboard are not allowed as construction material.); and

g. Is separate from any living quarters.

4. Have reasonable business hours which:

a. Are a minimum of 30 hours per week consisting of at least five 6-hour days;

b. 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;

c. Shall be between 6:00 a.m. and 9:00 p.m.;

d. For motorcycle dealers and light trailer dealers selling only boat trailers the hours shall be maintained at the minimum required during the period from March 1st through October 31st of each year;

e. For light trailer dealers selling only snowmobile trailers the hours shall be maintained at the minimum required during the period from November 1st of each year through March 31st of the following year; and

f. Any dealer operating a business under the seasonal guidelines shall notify the Secretary of State when the dealership is closed in the off season.

g. A dealer may be exempted from maintaining regular business hours for up to two weeks with written notification to Dealer Licensing.

1. A sign shall be conspicuously posted that informs consumers of the date the dealer will return to posted business hours.

5. Have a repair facility which is:

a. For motorcycles located within the building or buildings identified as the established place of business or annex, and is used exclusively by the dealership;

b. For trailer, light trailers, and equipment, located within, or in an area outside, the building or buildings identified as the established place of business or annex;

c. Large enough to permit the simultaneous repair of at least two units of the type of vehicle the applicant will be licensed to sell;

d. Heated if within the building or buildings identified as the established place of business or annex; and

e. Reasonably free of debris, hazards and unrelated materials.

f. Which has a hard surface, non-dirt floor.

6. Be equipped during posted business hours with the following tools and equipment:

a. One vehicle jack or car lift in working order;

b. An air compressor in working order; and

c. At least one set of general mechanic's sufficient to make warranty repairs and any specialty tools necessary to perform repairs.

7. Display the license and supplement license(s) issued in a space visible to the general public.

8. 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 ordinances, may grant an exception to these rules to the dealer affected);

a. The sign shall be permanently mounted, displayed at the established place of business or annex, and shall not be less than 12 square feet in surface size;

b. The sign shall be visible from the entrance to the lot and the letters of the sign shall be readable from a distance of 200 feet; and

c. The sign shall contain the trade or business name of the dealer and related business only.

9. Contain records as follows:

a. Records shall be maintained at the office of the established place of business and shall be available for inspection during posted business hours by agents of the Secretary of State or of the Office of the Attorney General or duly authorized members of law enforcement agencies during those business hours. If a dealer has no business hours between 8:00 a.m. and 5:00 p.m., the dealer shall make the records available for inspection during these hours upon reasonable demand and advance notice of the Secretary of State, the Office of the Attorney General or law enforcement agencies;

b. The Dealer shall fully complete and maintain a record of the purchase or sale of a vehicle so as to comply with 29-A M.R.S. §956(1-A). The record of the purchase or sale of the vehicle shall contain a description of the vehicle, including make, model, model year, body type, vehicle identification number, color, and whether the vehicle is new or used. The dealer shall also maintain a record of the seller's information, purchaser's information, legal owner, odometer information, and date of sale;

c. Records shall be kept in accordance with 29-A M.R.S. §956(5) on all full-time personnel; and

d. Records shall be kept for a minimum of five years, and motorcycle, motor driven cycle and moped dealers shall comply with the federal Truth in Mileage Act of 1986 and rules promulgated thereunder.

B.Application. In addition to filling out the basic application, an applicant for dealer 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. Submit to an investigation as follows:

a. Upon receipt of an application for dealer registration, the Secretary of State shall conduct an investigation into the ownership and facilities of the established place of business or annex of motorcycle dealers, motor driven cycle dealers, moped dealers, light trailer dealers, trailer and semi-trailer dealers, mobile home dealers and equipment dealers; and

b. Prior to approval of an application for dealer registration and plates, inspection report shall be submitted to the Secretary of State affirming that the dealership conforms to all applicable laws, rules and regulations. Periodic inspections of the premises and facilities will be conducted thereafter to ensure continued compliance with applicable laws, rules and regulations;

c. 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).

d. 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. Dealers 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. Dealers 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 fees at the time of application;

6. File proof of automobile liability insurance as prescribed in 29-A M.R.S. §1612, and surety bond as required by 29-A M.R.S. §901(4).

a. The surety bond shall be for the use and benefit of the Secretary of State, and for any person who may suffer a financial loss because the licensee failed to comply with the requirements of 29-A M.R.S. chapter 7 or chapter 9 related to the buying and selling of vehicles, or any provisions of this rule or of Chapter 104, Rules of the Department of Secretary of State.

The surety bond shall be for at least the minimum amount prescribed in §901(4) and shall be applied against the total amount of claims during the license period.

The surety bond shall become payable upon order of a court of competent jurisdiction; or an administrative ruling by the Bureau of Consumer Credit Protection or the Secretary of State.

The form of the surety bond is prescribed in Appendix B.

7. Notify the Secretary of State of the sales tax number issued by the Maine Revenue Services by submitting a reseller's certificate at initial application and upon each renewal;

8. 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;

9. Furnish copies of a lease, if the facilities are leased;

10. Furnish copies 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;

11. Furnish a copy of a plot plan for the premises;

12. File a new application and fees whenever the ownership structure changes; and

13. New applicants must attend and complete the Dealer/Title Workshop conducted by the Bureau of Motor Vehicles prior to licensure.

C.Arbitration/mediation Fees. For motorcycle dealers, no dealer may receive renewal of the dealer's license and dealer plates until the dealer has submitted arbitration or mediation fees imposed by 10 M.R.S. §1169(11) as follows:

1. Arbitration/mediation fees must be collected from the date of issuance of the current license through to the first day of the expiration month of the current license for any motor vehicle retail sale except commercial vehicles with a gross vehicle weight of 8,500 pounds or more;

2. Arbitration/mediation fees must be submitted in one annual payment at the time of renewal to Secretary of State, Bureau of Motor Vehicles, Dealer and Agent Services;

3. Dealerships that change ownership must transfer arbitration/mediation fees collected to their successors for submission by the new owners as part of the new owner's annual payment. If there are no successors, the dealer must submit fees collected through the final day of business to the Secretary of State within 10 days of the final day of business;

D.Temporary Plates May Be Issued to a Dealer

1. To be placed on a vehicle purchased by a customer for a period of 14 days. If the customer is a non-resident member of the Armed Services a temporary plate may be issued for a period of 20 days;

2. The 14 or 20 day temporary plate expiration date calculation begins on the date of sale;

3. No temporary plate shall be renewed or extended except by authority of the Secretary of State, Bureau of Motor Vehicles, Dealer Licensing Section;

4. The dealer license type and number shall be identified on the lower right hand corner of each temporary plate issued;

5. The temporary plate must be attached to the rear plate bracket;

E.Dealer Plate Use/Requirements

The dealer plate/family plate requirements shall be the same as for new and used car dealers in Section I., subsection E.

F.10,000 lb. Laden Permit I ssued to Dealers

The 10,000 laden permit requirements shall be the same as for new and used car dealers in Section I, subsection F.

29- 250 C.M.R. ch. 103, § II