{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-353.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-353.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-353.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-353.html"}],"law_id":57216,"edition_id":1,"section_id":57216,"structure_id":15001,"section_number":"59.1-353","catch_line":"Chapter title; definitions","history":"1988, c. 73; 1997, c. 801; 2002, c. 898; 2003, c. 353.","full_text":"This chapter may be cited as the “Heavy Equipment Dealer Act.” As used in this chapter unless the context requires otherwise:\n\t\t“Agreement” means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a supplier and a dealer pursuant to which the dealer has been authorized to distribute one or more of the supplier’s heavy equipment products, and attachments and repair parts therefor, and in connection therewith to use a trade name, trademark, service mark, logo type, or advertising or other commercial symbol.\n\t\t“Dealer” means a person in Virginia (i) engaged in the business of selling or leasing heavy equipment at retail, (ii) who customarily maintains a total inventory, valued at over $250,000, of new heavy equipment and attachments and repair parts therefor, and (iii) who provides repair services for the heavy equipment sold.\n\t\t“Heavy equipment” means self-propelled, self-powered or pull-type equipment and machinery, including engines, weighing 5000 pounds or more, primarily employed for construction, industrial, maritime, mining and forestry uses, as such terms are commonly used and understood as a usage of trade in accordance with \u00a7 8.1A-303(c). The term “heavy equipment” shall not include (i) motor vehicles requiring registration and certificates of title in accordance with \u00a7 46.2-600, (ii) farm machinery, equipment and implements sold or leased pursuant to dealer agreements with suppliers subject to the provisions of Chapter 27.1 (\u00a7 59.1-352.1 et seq.) of this title, or (iii) equipment that is “consumer goods” within the meaning of \u00a7 8.9A-102.\n\t\t“Person” means a natural person, corporation, partnership, trust, agency or other entity as well as the individual officers, directors or other persons in active control of the activities of each such entity. “Person” also includes heirs, assigns, personal representatives, guardians and conservators.\n\t\t“Supplier” means every person, including any agent of such person, or any authorized broker acting on behalf of that person, that enters into an “agreement” with a dealer.","order_by":null,"text":{"0":{"id":209595,"text":"This chapter may be cited as the “Heavy Equipment Dealer Act.” As used in this chapter unless the context requires otherwise:\n\t\t“Agreement” means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a supplier and a dealer pursuant to which the dealer has been authorized to distribute one or more of the supplier’s heavy equipment products, and attachments and repair parts therefor, and in connection therewith to use a trade name, trademark, service mark, logo type, or advertising or other commercial symbol.\n\t\t“Dealer” means a person in Virginia (i) engaged in the business of selling or leasing heavy equipment at retail, (ii) who customarily maintains a total inventory, valued at over $250,000, of new heavy equipment and attachments and repair parts therefor, and (iii) who provides repair services for the heavy equipment sold.\n\t\t“Heavy equipment” means self-propelled, self-powered or pull-type equipment and machinery, including engines, weighing 5000 pounds or more, primarily employed for construction, industrial, maritime, mining and forestry uses, as such terms are commonly used and understood as a usage of trade in accordance with \u00a7 8.1A-303(c). The term “heavy equipment” shall not include (i) motor vehicles requiring registration and certificates of title in accordance with \u00a7 46.2-600, (ii) farm machinery, equipment and implements sold or leased pursuant to dealer agreements with suppliers subject to the provisions of Chapter 27.1 (\u00a7 59.1-352.1 et seq.) of this title, or (iii) equipment that is “consumer goods” within the meaning of \u00a7 8.9A-102.\n\t\t“Person” means a natural person, corporation, partnership, trust, agency or other entity as well as the individual officers, directors or other persons in active control of the activities of each such entity. “Person” also includes heirs, assigns, personal representatives, guardians and conservators.\n\t\t“Supplier” means every person, including any agent of such person, or any authorized broker acting on behalf of that person, that enters into an “agreement” with a dealer.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15001,"edition_id":1,"name":"Heavy Equipment Dealer Act","identifier":"28","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:51:25","date_modified":"2026-06-26 03:51:25","permalink":{"id":261001,"object_type":"structure","relational_id":15001,"identifier":"28","token":"59.1\/28","url":"\/59.1\/28\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57216,"structure_id":15001,"section_number":"59.1-353","catch_line":"Chapter title; definitions","url":"\/59.1-353\/","token":"59.1\/28\/59.1-353","metadata":false},{"id":76110,"structure_id":15001,"section_number":"59.1-354","catch_line":"Cancellation","url":"\/59.1-354\/","token":"59.1\/28\/59.1-354","metadata":false},{"id":60399,"structure_id":15001,"section_number":"59.1-355","catch_line":"Notice of intent to terminate","url":"\/59.1-355\/","token":"59.1\/28\/59.1-355","metadata":false},{"id":82861,"structure_id":15001,"section_number":"59.1-356","catch_line":"Transfer of business","url":"\/59.1-356\/","token":"59.1\/28\/59.1-356","metadata":false},{"id":60800,"structure_id":15001,"section_number":"59.1-357","catch_line":"Notices","url":"\/59.1-357\/","token":"59.1\/28\/59.1-357","metadata":false},{"id":59059,"structure_id":15001,"section_number":"59.1-358","catch_line":"Remedies","url":"\/59.1-358\/","token":"59.1\/28\/59.1-358","metadata":false},{"id":70127,"structure_id":15001,"section_number":"59.1-359","catch_line":"Management","url":"\/59.1-359\/","token":"59.1\/28\/59.1-359","metadata":false},{"id":79189,"structure_id":15001,"section_number":"59.1-360","catch_line":"Waiver of chapter void","url":"\/59.1-360\/","token":"59.1\/28\/59.1-360","metadata":false},{"id":59455,"structure_id":15001,"section_number":"59.1-361","catch_line":"Applicability","url":"\/59.1-361\/","token":"59.1\/28\/59.1-361","metadata":false},{"id":63941,"structure_id":15001,"section_number":"59.1-362","catch_line":"Reasonableness and good faith","url":"\/59.1-362\/","token":"59.1\/28\/59.1-362","metadata":false},{"id":87117,"structure_id":15001,"section_number":"59.1-363","catch_line":"Exclusions","url":"\/59.1-363\/","token":"59.1\/28\/59.1-363","metadata":false}],"next_section":{"id":76110,"structure_id":15001,"section_number":"59.1-354","catch_line":"Cancellation","url":"\/59.1-354\/","token":"59.1\/28\/59.1-354","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-353\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 73 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1997, chapter 801<\/a>; in 2002, chapter 898<\/a>; in 2003, chapter 353<\/a>.<\/p>","references":false,"refers_to":[{"id":87484,"section_number":"46.2-600","catch_line":"Owner to secure registration and certificate of title or certificate of ownership","order_by":null,"url":"\/46.2-600\/"},{"id":58633,"section_number":"59.1-352.1","catch_line":"Definitions","order_by":null,"url":"\/59.1-352.1\/"},{"id":86324,"section_number":"8.1A-303","catch_line":"Course of performance, course of dealing, and usage of trade","order_by":null,"url":"\/8.1A-303\/"},{"id":58431,"section_number":"8.9A-102","catch_line":"Definitions and index of definitions","order_by":null,"url":"\/8.9A-102\/"}],"permalink":{"id":261003,"object_type":"law","relational_id":57216,"identifier":"59.1-353","token":"59.1\/28\/59.1-353","url":"\/59.1-353\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-353\/","token":"59.1\/28\/59.1-353","dublin_core":{"Title":"Chapter title; definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-353","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

This chapter may be cited as the “Heavy Equipment<\/span> Dealer<\/span> Act.” As used in this chapter unless the context requires otherwise:\n\t\t“Agreement<\/span>” means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a supplier<\/span> and a dealer<\/span> pursuant to which the dealer<\/span> has been authorized to distribute one or more of the supplier<\/span>’s heavy equipment<\/span> products, and attachments<\/span> and repair parts therefor, and in connection therewith to use a trade name, trademark, service mark, logo type, or advertising or other commercial symbol.\n\t\t“Dealer<\/span>” means a person<\/span> in Virginia (i) engaged in the business of selling or leasing heavy equipment<\/span> at retail, (ii) who customarily maintains a total inventory, valued at over $250,000, of new heavy equipment<\/span> and attachments<\/span> and repair parts therefor, and (iii) who provides repair services for the heavy equipment<\/span> sold.\n\t\t“Heavy equipment<\/span>” means self-propelled, self-powered or pull-type equipment and machinery, including engines, weighing 5000 pounds or more, primarily employed for construction, industrial, maritime, mining and forestry uses, as such terms are commonly used and understood as a usage of trade in accordance with \u00a7 8.1A-303<\/a>(c). The term “heavy equipment<\/span>” shall not include (i) motor vehicles requiring registration and certificates of title in accordance with \u00a7 46.2-600<\/a>, (ii) farm machinery, equipment and implements sold or leased pursuant to dealer<\/span> agreements<\/span> with suppliers<\/span> subject to the provisions of Chapter 27.1 (\u00a7 59.1-352.1<\/a> et seq.) of this title, or (iii) equipment that is “consumer goods<\/span>” within the meaning of \u00a7 8.9A-102<\/a>.\n\t\t“Person<\/span>” means a natural person<\/span>, corporation, partnership, trust, agency or other entity as well as the individual officers, directors or other persons<\/span> in active control of the activities of each such entity. “Person<\/span>” also includes heirs, assigns, personal representatives, guardians and conservators.\n\t\t“Supplier<\/span>” means every person<\/span>, including any agent of such person<\/span>, or any authorized broker acting on behalf of that person<\/span>, that enters into an “agreement<\/span>” with a dealer<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCHAPTER TITLE; DEFINITIONS (\u00a7 59.1-353)\n\nThis chapter may be cited as the “Heavy Equipment Dealer Act.” As\nused in this chapter unless the context requires otherwise:\n\t\t“Agreement” means a commercial relationship, not required to be\nevidenced in writing, of definite or indefinite duration, between a supplier and\na dealer pursuant to which the dealer has been authorized to distribute one or\nmore of the supplier’s heavy equipment products, and attachments and\nrepair parts therefor, and in connection therewith to use a trade name,\ntrademark, service mark, logo type, or advertising or other commercial symbol.\n\t\t“Dealer” means a person in Virginia (i) engaged in the business of\nselling or leasing heavy equipment at retail, (ii) who customarily maintains a\ntotal inventory, valued at over $250,000, of new heavy equipment and attachments\nand repair parts therefor, and (iii) who provides repair services for the heavy\nequipment sold.\n\t\t“Heavy equipment” means self-propelled, self-powered or pull-type\nequipment and machinery, including engines, weighing 5000 pounds or more,\nprimarily employed for construction, industrial, maritime, mining and forestry\nuses, as such terms are commonly used and understood as a usage of trade in\naccordance with \u00a7 8.1A-303(c). The term “heavy equipment” shall not\ninclude (i) motor vehicles requiring registration and certificates of title in\naccordance with \u00a7 46.2-600, (ii) farm machinery, equipment and implements sold\nor leased pursuant to dealer agreements with suppliers subject to the provisions\nof Chapter 27.1 (\u00a7 59.1-352.1 et seq.) of this title, or (iii) equipment that\nis “consumer goods” within the meaning of \u00a7 8.9A-102.\n\t\t“Person” means a natural person, corporation, partnership, trust,\nagency or other entity as well as the individual officers, directors or other\npersons in active control of the activities of each such entity.\n“Person” also includes heirs, assigns, personal representatives,\nguardians and conservators.\n\t\t“Supplier” means every person, including any agent of such person,\nor any authorized broker acting on behalf of that person, that enters into an\n“agreement” with a dealer.\n\nHISTORY: 1988, c. 73; 1997, c. 801; 2002, c. 898; 2003, c. 353.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}