                                 CODE OF VIRGINIA

DISPLAY, PARKING, SELLING, ADVERTISING SALE OF CERTAIN USED MOTOR VEHICLES
PROHIBITED (§ 46.2-1508.2)

A. 1. No owner or lessee of any real property shall permit the display or
parking of five or more used motor vehicles per property within any 12-month
period on such real property for the purpose of selling or advertising the sale
of such used motor vehicles by the owner or lessee of such vehicles unless
exempted pursuant to this section.

   2. No owner or lessee of any used motor vehicle shall display or park such
   used motor vehicle on the real property of another for the purpose of selling
   or advertising the sale of such used motor vehicle if the display or parking
   of such vehicle will cause the owner or lessee of the real property to be in
   violation of the provisions of this section.

   3. No owner or lessee of any used motor vehicle shall display or park such
   used motor vehicle on the real property of another for the purpose of selling
   or advertising the sale of such used motor vehicle unless the owner or lessee
   of such vehicle has the right to occupy such property pursuant to a lease or
   other occupancy document or prior written permission of the owner or lessee of
   the real property. Copies of such written permission shall be posted on the
   inside of a side window of the motor vehicle and must be retained by both the
   property owner or lessee and by the vehicle owner for at least 12 months and
   shall be made available to law-enforcement officers or agencies, the Board,
   and local zoning officials upon request.

   4. Except as permitted in &#xA7; 46.2-631 and except as permitted in
   subsection B, no owner or lessee of any real property shall permit any used
   motor vehicle to be displayed or parked on such real property for the purpose
   of selling or advertising the sale of such used motor vehicle if such vehicle
   is not lawfully titled in the name of the individual or entity offering such
   vehicle for sale as provided in Chapter 6 (&#xA7; 46.2-600 et seq.). However,
   the limitation of this subdivision shall not apply if the individual offering
   the vehicle for sale is an immediate family member of the owner or lessee of
   the real property on which the motor vehicle is displayed or parked for the
   purpose of selling or advertising the sale of such vehicle.

   5. Except as permitted in &#xA7; 46.2-631, no person shall advertise, display,
   sell, or offer for sale any used motor vehicle unless such vehicle is lawfully
   titled in such person&#8217;s name as provided in Chapter 6 (&#xA7; 46.2-600
   et seq.). However, this limitation shall not apply if the person offering the
   vehicle for sale is a motor vehicle dealer licensed under this chapter or has
   the authority pursuant to law to advertise, display, sell, or offer for sale
   the used motor vehicle.

B. The provisions of subsection A shall not apply if (i) the owner or lessee of
the vehicle displayed or parked is employed by the owner or lessee of the real
property on which the vehicle is displayed or parked; (ii) the owner or lessee
of the vehicle displayed or parked is conducting business with the owner or
lessee of the real property on which the vehicle is parked or displayed at the
time such vehicle is displayed or parked; (iii) the real property on which a
vehicle is parked is a parking lot for which a fee is charged for the use of
such parking lot, the owner or lessee of the parked vehicle has paid the fee for
the use of such parking lot, and such vehicle is legitimately parked on the
property for purposes other than displaying, selling, or advertising the sale of
such vehicle; or (iv) the vehicle displays a dealer&#8217;s license plate
pursuant to &#xA7; 46.2-1550 and the licensed dealer is not displaying for sale
or selling a motor vehicle at a location other than his specific business
location without first meeting the requirements of &#xA7; 46.2-1516.
			The provisions of subsection A shall also not apply to (a) any motor vehicle
dealer licensed under this chapter or (b) any owner or lessee of real property
who permits the display or parking of five or more used motor vehicles on such
real property by a licensed motor vehicle dealer within any 12-month period for
the purpose of selling or advertising the sale of such used motor vehicles
pursuant to &#xA7; 46.2-1516.

C. Notwithstanding any other provision of law, any law-enforcement officer or
agency, local zoning official, or the owner or lessee of any real property upon
which a vehicle is displayed or parked in violation of this section for longer
than 48 consecutive hours after a notice on a form approved by the Board has
been affixed or placed on the vehicle by a law-enforcement officer or agency,
Board representative, local zoning official, or the owner or lessee of the real
property upon which the vehicle is displayed or parked, may have any such
vehicle towed from such real property and stored at the expense of the owner or
lessee of such vehicle and may then dispose of such vehicle as provided in
&#xA7; 46.2-1203.

D. The provisions of this section shall not be deemed to eliminate, change, or
supersede the requirement for any person to obtain a license under this chapter
if such person engages in any conduct or activity for which a license is
required under this chapter.

E. Violations of subsection A are punishable as a Class 4 misdemeanor.

HISTORY: 2008, c. 168; 2018, cc. 122, 123.