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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
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40-12-390
Section 40-12-390 Definitions. The following words and phrases, when used in this article,
shall have the following meanings: (1) COMMISSIONER. The state Commissioner of Revenue. (2)
DEPARTMENT. The Department of Revenue. (3) DISTRIBUTOR. Any person engaged in the business
of selling or distributing new motor vehicles to new motor vehicle dealers. (4) FACILITATOR.
Any person or his or her designee who facilitates an off-site sale licensed under Section
40-12-395. The term may include the owner of the property where the off-site sale is being
conducted. (5) MANUFACTURER. Any person engaged in the business of manufacturing or assembling
new and unused motor vehicles. (6) MASTER DEALER LICENSE. The license issued by the department
pursuant to this article. (7) MOTOR VEHICLE. Any motor vehicle as defined in Section
40-12-240, but the term shall not include any trailer not required to have a certificate of
title. (8) MOTOR VEHICLE REBUILDER. Any person engaged in the business of making or...
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32-7A-5
Section 32-7A-5 Exceptions. This chapter shall not apply to any of the following vehicles
or operators: (1) Trailers as defined in Section 40-12-240, including, but not limited
to, semitrailers, travel trailers, boat trailers, pole trailers, and utility trailers. (2)
Motor vehicles owned and operated by the United States or any agency thereof, the State of
Alabama, or any political or governmental subdivision thereof. (3) Any motor vehicle which
is subject to the supervision and regulation of the Federal Motor Carrier Safety Administration
or the Alabama Public Service Commission and for which the owner and/or operator has filed
evidence of financial responsibility, the liability under which is not less than that required
of the operator of a motor vehicle under the terms of this chapter. (4) Motor vehicles covered
by a certificate of self-insurance issued by the director under the provisions of Section
32-7-34. (5) Other motor vehicles complying with laws which require the vehicles to...
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40-12-264
Section 40-12-264 Time limit for purchase of tags or plates; dealer plates; manufacturer
plates. (a) Any person, including a motor vehicle dealer, acquiring a new or used motor vehicle
may be granted a grace period of 20 calendar days from date of acquisition to procure a license
tag or plate. (b) Notwithstanding Section 32-6-65, a new or used motor vehicle dealer
who has a current regulatory license required under this article and a dealer license as required
by Section 40-12-51 or Section 40-12-169 may purchase dealer license plates
from the department upon presentation of the current licenses and payment of the fee for a
private passenger automobile as provided in subdivision (1) of subsection (a) of Section
40-12-242 and subsection (a) of Section 40-12-273 per dealer plate. An additional two
dollar ($2) issuance fee shall also be collected by the department. A new or used motor vehicle
dealer that has a current regulatory license required under this article and a dealer license
as...
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40-12-240
Section 40-12-240 Definitions. (a) For the purpose of this article, the following terms
shall have the respective meanings ascribed by this section: (1) DEPARTMENT. The Alabama
Department of Revenue. (2) ESTABLISHED PLACE OF BUSINESS. A place actually occupied either
continuously or at regular periods at or from which a business or a part thereof is transacted.
(3) FARM TRACTOR. Every motor vehicle designed and used primarily as a farm implement for
drawing plows, mowing machines, and other implements designed and used for agricultural purposes
and only incidentally moved upon public highways. (4) FARMER. An individual, partnership,
cooperative corporation, or other entity actively engaged in agriculture or agricultural activities
as the same are circumscribed and defined in paragraphs a. and b. of Section 41-14-51(1).
(5) FLEET. A group of similarly classified fleet vehicles comprised of 50 or more units or
other amount as prescribed by the department. (6) FLEET OPERATOR. A person,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-12-240.htm - 10K - Match Info - Similar pages
2-15-133
Section 2-15-133 Bonds or bond equivalents; financial statements and reports; liability
for payments. (a) No license as required under Section 2-15-132 shall be issued or
renewed until the applicant therefor shall make, execute, and thereafter maintain on file
with the commissioner a bond or a bond equivalent as provided in subsection (f) in favor of
the State of Alabama or a trustee to be approved by the commissioner to secure the performance
of obligations incurred in the State of Alabama and the payment thereof to persons from whom
such dealer purchases livestock. Except as otherwise provided in this subsection, the amount
of each bond shall be not less than the next multiple of two thousand dollars ($2,000) above
the average amount of purchases of livestock purchased either as a dealer or on an agency
basis in Alabama during a period equivalent to two business days based on the total number
of business days and the total amount of such transactions during the preceding 12 months
or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-15-133.htm - 8K - Match Info - Similar pages
32-8-87
Section 32-8-87 Dismantling, destroying, changing identity of vehicle; certificate requirements;
insurance claims; "total loss"; removal of identification numbers, plates, etc.;
transfer of salvage vehicles; inspections; "component parts"; rebuilt vehicles;
flood vehicles; online verifications. (a) Each owner of a motor vehicle and each person mentioned
as owner in the last certificate of title who scraps, dismantles, destroys, or changes the
motor vehicle in such a manner that it is not the same motor vehicle described in the certificate
of origin or certificate of title shall as soon as practicable cause the certificate of origin
or certificate of title, if any, and any other documents or information required by the department
to be mailed or delivered to the department for processing. The department shall, with the
consent of any holder of liens noted on the surrendered certificate, enter a cancellation
upon its records. Upon cancellation of a certificate of origin or certificate of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-8-87.htm - 32K - Match Info - Similar pages
40-17-335
Section 40-17-335 Surety bond. (a) Upon approval of the application by the department,
the applicant shall file with the department a surety bond as herein provided: (1) Except
as provided under subdivision (3), the bond amount for an applicant for a license as a supplier,
permissive supplier, or terminal operator shall be in the approximate amount of twice the
average monthly tax liability, not to exceed two million dollars ($2,000,000). (2) Except
as provided under subdivision (3), the bond amount for an applicant for a license as an exporter,
blender, importer, or distributor shall be a minimum of two thousand dollars ($2,000) or the
approximate amount of twice the average monthly tax liability, whichever is greater. (3) The
bond for distributors, suppliers, and permissive suppliers who are licensed with the department
on October 1, 2012, shall remain at the amount that is filed with the department on that date,
except as provided under subsection (b). (4) For an applicant for a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-335.htm - 4K - Match Info - Similar pages
32-13-3
Section 32-13-3 Authority to sell; notice; bill of sale; records; voiding of sale; title.
(a) A person, as defined in Section 40-12-240, in possession of a motor vehicle that
is considered an abandoned motor vehicle may sell the motor vehicle at a public auction. (b)(1)
Notice of the date, time, and place of the sale and a description of the motor vehicle to
be sold, including the year, make, model, and vehicle identification number, shall be given
by publication once a week for two successive weeks in a newspaper of general circulation
in the county in which the sale is to be held, provided the vehicle is currently registered
in the county. In counties in which no newspaper is published, notice shall be given by posting
such notice in a conspicuous place at the courthouse. The first publication or posting, as
the case may be, shall be at least 30 days before the date of sale. A person selling a motor
vehicle at public auction under subsection (a) shall give notice of the public...
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40-17-168.5
Section 40-17-168.5 Surety bond. (a) Upon approval of the application by the department,
the applicant must file with the department a surety bond. The bond amount for an applicant
for a license as a public seller of CNG/LNG or a fleet producer of CNG/LNG shall be a minimum
of twenty-five thousand dollars ($25,000) or in the approximate amount of twice the average
monthly tax liability, whichever is greater. (b) The department shall review the bond amounts
every five years beginning January 2023 to ensure that each public seller of CNG/LNG and each
fleet producer of CNG/LNG has posted a surety bond sufficient to cover twice the average monthly
tax liability as referenced in subdivision (a). Based upon this review or at any time that
the department determines that the bond amount is insufficient to cover twice the average
monthly tax liability, the commissioner may require an additional surety bond from any licensee
under one or more of the following circumstances: (1) The commissioner...
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