4/22/2019
The Daily Bulletin: 2019-04-22 | Legislative Reporting Service
SCHOOL OF GOVERN?
GOVERNMENT
The Daily Bulletin: 2019-04-22
PUBLIC/HOUSE BILLS
H 848 (2019-2020) RV DEALER REGULATION. Filed Apr 16 201 9, AN ACT TO REMOVE RECREATIONAL VEHICLES FROM
ARTICLE 12 OF CHAPTER 20 OF THE GENERAL STATUTES, WHICH PROVIDES FOR LICENSING AND REGULATION OF
MOTOR VEHICLE DEALERS AND MANUFACTURERS; TO ENACT A NEW ARTICLE 19 IN CHAPTER 20 OF THE GENERAL
STATUTES TO REGULATE RECREATIONAL VEHICLE DEALERS AND MANUFACTURERS; AND TO UPDATE DEFINITIONS AND
CROSS REFERENCES.
Makes changes to Article 12, Motor Vehicle Dealers and Manufacturer Licensing Law, of GS Chapter 20 to remove all
references to and provisions regarding recreational vehicles. Further, amends the definitions set out in GS 20-4.01 as follows.
Now defines motor home (was motor home or house car) to mean a motorized vehicle designed to provide temporary living
quarters for recreational, camping, or travel use which contains at least four of the six enumerated independent life support
systems. Now defines recreational vehicle (RV) to mean a vehicle that is either self-propelled or towed by a consumer-owned
tow vehicle and designed to provide temporary living quarters for recreational, camping, or travel use that complies with all
applicable federal vehicle regulations and does not require a special-movement permit to legally use the highways; excludes
manufactured homes. Sets forth definitions for the basic types (was entities) of RVs, including a folding camping trailer (was
camping trailer), fifth- wheel trailer, motor home, travel trailer, truck camper, and now includes a park model RV. defined as a
vehicle that is designed and marketed for temporary living quarters for recreational camping, travel, or seasonal use; not
permanently affixed to real property for use as a permanent dwelling; and built on a single chassis mounted on wheels with a
gross trailer areas not exceeding 400 square feet in the set up mode.
Enacts Article 19, Regulation of Recreational Vehicle Dealers and Manufacturers, to GS Chapter 20. Sets forth defined terms
applicable to the Article. Establishes licensing requirements for any new RV dealer, used RV dealer. RV sales representative,
manufacturer, factory branch, factory representative, distributor, distributor branch, distributor representative, or wholesaler to
engage in business in the State. Requires RV dealers acting as RV sales representatives to additionally obtain an RV sales
representative's license. Allows the following license holders to operate as an RV dealer without obtaining an RV dealer's
license or paying an additional fee. but limits sales to retail only at an established salesroom: a manufacturer, factory branch, a
distributor, and distributor branch. Provides for a civil penalties of no more than $1,000 for licensees, and no more than $5,000
for persons required to be but not licensed, for each violation relating to the sale of RVs, vehicle titling, or vehicle registration,
as specified. Details licensure application requirements, including an annual licensing course. Provides exceptions to the
licensing course requirements. Requires the Division of Motor Vehicles (DMV) to provide grounds for refusal and other
disciplinary action as specified in the Article, all to be considered in the licensing application. Requires certification of
familiarity with the Article and other relevant state laws and regulations. Establishes license validity for a period of one year,
staggered as specified. Requires an established office, established showroom, or place of business in the State for a wholesaler.
RV dealer, or certain trailer dealer, respectively, as specified. Requires separate licenses for each established office, established
salesroom, or other place of business in the State for manufacturers, factory branches, distributors, distributor branches,
wholesalers, and RV dealers. Establishes requirements for corporate surety bonds or cash bonds in specified amounts. Provides
for licensing fees set at $90 for RV dealers, distributors, distributor branches, and wholesalers for each place of business; $195
for manufacturers; $130 for each factory branch; $20 for RV sales representatives; and $20 for factory representatives or
distributor representatives. Details requirements of licensees regarding license specifications, its display, advertising, and
carrying the license while engaged in business for display on request. Provides special rules regarding license display by new
or used RV dealers.
Establishes requirements for licensed RV dealers to obtain a supplemental temporary license to sell antique or specialty RVs,
as defined, off-premises. Limits the supplemental license to a period of no more than 10 calendar days. Excludes nonselling
RV shows and public displays of new RVs from the supplemental temporary license requirements.
Sets forth 13 grounds for disciplinary action, including making a material misstatement in a license application, using unfair
methods of competition or unfair deceptive acts or practices, conviction of any felony involving moral turpitude. Requires the
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