PRINTER'S NO. 1840
No. 1215 Session of 2006
INTRODUCED BY M. WHITE, MADIGAN, PILEGGI, D. WHITE, EARLL AND
WASHINGTON, JUNE 15, 2006
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JUNE 15, 2006
AN ACT
1 Amending the act of December 22, 1983 (P.L.306, No.84), entitled
2 "An act providing for the State Board of Vehicle
3 Manufacturers, Dealers and Salespersons; and providing
4 penalties," further providing for vehicle shows, off-premises
5 sales and exhibitions.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 32 of the act of December 22, 1983
9 (P.L.306, No.84), known as the Board of Vehicles Act, amended
10 April 19, 1996 (P.L.104, No.27), is amended to read:
11 Section 32. Vehicle shows, off-premise sales and exhibitions.
12 (a) Participation.--Any licensed dealer, distributor or
13 manufacturer may participate in public vehicle shows, off-
14 premise sales and exhibitions, provided that a dealer shall
15 participate only in shows, off-premise sales and exhibitions
16 held within the dealer's relevant market area. A dealer shall be
17 permitted to conduct a vehicle show or exhibition at its
18 established place of business.
19 (b) Application of section.--The provisions of this section
1 relating to "relevant market area" shall not apply to vehicle
2 shows held as part of, and in conjunction with, the following:
3 (1) An event operated to benefit a charitable
4 organization or group of organizations approved under section
5 501(c)(3) of the Internal Revenue Code of 1954 (68A Stat. 3,
6 26 U.S.C. § 501(c)(3)).
7 (2) A community or agricultural fair which receives
8 State funds [from the Pennsylvania Fair Fund].
9 (3) An event pertaining to shows of recreational
10 vehicles, manufactured housing or mobile homes.
11 (c) Out-of-State new vehicle dealers.--A new vehicle dealer,
12 except a recreational vehicle dealer, licensed in another state
13 or jurisdiction may participate with permission of its licensed
14 manufacturer in industrywide public vehicle shows and
15 exhibitions in which a total of 50 or more new vehicle dealers
16 participate as exhibitors. Furthermore, the limitations relating
17 to relevant market area contained in subsection (a) shall not be
18 applicable to industrywide public vehicle shows and exhibitions
19 in which, when open to the public, a total of 50 or more new
20 vehicle dealers participate as exhibitors.
21 (d) Out-of-State recreational vehicle dealers.--
22 (1) A recreational vehicle dealer licensed in another
23 state or jurisdiction may participate in vehicle shows or
24 exhibits with recreational vehicles within this Commonwealth
25 in which less than a total of 50 dealers participate as
26 exhibitors with permission of the dealer's licensed
27 manufacturer if the show or exhibit is held as part of a
28 community or agricultural fair which receives State funds or
29 all of the following conditions exist:
30 (i) The show has a minimum of ten recreational
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1 vehicle dealers licensed in this Commonwealth.
2 (ii) More than 50% of the participating recreational
3 vehicle dealers are licensed in this Commonwealth.
4 (iii) The state in which the recreational vehicle
5 dealer is licensed is a state contiguous to this
6 Commonwealth and that state permits Commonwealth-licensed
7 recreational vehicle dealers to participate in vehicle
8 shows in that state under conditions substantially
9 equivalent to the conditions which are imposed upon
10 dealers from that state who participate in recreational
11 vehicle shows in this Commonwealth.
12 (2) A recreational vehicle dealer licensed in another
13 state or jurisdiction may participate in a vehicle show or
14 exhibit which has, when it opens to the public, at least a
15 total of 50 dealers from both this Commonwealth and outside
16 this Commonwealth manning recreational vehicle manufacturer
17 displays if the show or exhibit is trade-oriented and is
18 predominantly funded by recreational vehicle manufacturers.
19 All of the participating dealers who are not licensed by this
20 Commonwealth must be from a state contiguous to this
21 Commonwealth which permits Commonwealth-licensed recreational
22 vehicle dealers to participate in vehicle shows in that state
23 under conditions substantially equivalent to the conditions
24 which are imposed upon dealers from that state who
25 participate in recreational vehicle shows in this
26 Commonwealth and are duly licensed and authorized by their
27 state of residence to sell recreational vehicles.
28 (d.1) ATV's.--An all-terrain vehicle (ATV) dealer licensed
29 in another state or jurisdiction may participate in vehicle
30 shows or exhibits with ATV's within this Commonwealth in which
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1 less than a total of 50 dealers participate as exhibitors with
2 permission of the dealer's licensed manufacturer if the show or
3 exhibit is held as part of a community or agricultural fair
4 which receives State funds.
5 (e) Emergency vehicles.--Licensed manufacturers of
6 firefighting or emergency service vehicles shall be authorized
7 to buy, sell or exchange such vehicles to governmental agencies
8 or emergency service providers at vehicle shows, off-premise
9 sales and exhibitions without possessing a dealer's license.
10 Section 2. This act shall take effect in 60 days.
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