Code of Alabama

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40-12-398
Section 40-12-398 Bond prerequisite to issuance of license. Before any master dealer license
may be issued to a new motor vehicle dealer, used motor vehicle dealer, motor vehicle rebuilder,
or motor vehicle wholesaler, the applicant shall deliver to the commissioner a good and sufficient
surety bond, executed by the applicant as principal and by a corporate surety company qualified
to do business in the state as surety, in the sum of not less than fifty thousand dollars
($50,000) or an amount as prescribed by the department. Such bond shall be in a form to be
approved by the commissioner, and shall be conditioned that the motor vehicle dealer, motor
vehicle rebuilder, or motor vehicle wholesaler shall comply with the conditions of any contract
made by such dealer in connection with the sale or exchange of any motor vehicle and shall
not violate any of the provisions of law relating to the conduct of the business for which
he or she is licensed. Such bond shall be payable to the...
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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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40-12-390
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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8-20-14
Section 8-20-14 Applicability of chapter. This chapter shall apply to all franchise or dealer
agreements in force and effect on March 9, 2010, and to all franchise or dealer agreements,
amendments, and renewals to dealer agreements made after March 9, 2010. The Motor Vehicle
Franchise Act and Act 2010-198, shall supersede and control all provisions of any franchise
or dealer agreement inconsistent with Act 2010-198 or the Motor Vehicle Franchise Act. Act
2010-198 and the Motor Vehicle Franchise Act shall not be modified or superseded by a choice
of law clause in any franchise or dealer agreement, waiver, or other written instrument. These
provisions shall apply to all written agreements between a manufacturer and dealer including,
but not limited to, the franchise offering, the franchise agreement, sales of goods, services
or advertising, leases or deeds of trust of real or personal property, promises to pay, security
interests, pledges, insurance contracts, advertising contracts,...
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8-20A-6
Section 8-20A-6 Statute of limitations. Any action brought under this chapter against the manufacturer
shall be commenced within three years following the date of original delivery of the motor
vehicle to the consumer. (Acts 1990, No. 90-479, p. 701, §6.)...
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32-7-20
Section 32-7-20 Certificate of insurance as proof. (a) Proof of financial responsibility may
be furnished by filing with the director the written certificate of any insurance carrier
duly authorized to do business in this state certifying that there is in effect a motor vehicle
liability policy for the benefit of the person required to furnish proof of financial responsibility.
Such certificate shall give the effective date of such motor vehicle liability policy, which
date shall be the same as the effective date of the certificate, and shall designate by explicit
description or by appropriate reference all motor vehicles covered thereby, unless the policy
is issued to a person who is not the owner of a motor vehicle. (b) Proof of financial responsibility
relating to a motor vehicle liability policy may be verified through the online insurance
verification system of Chapter 7B and Chapter 7A. (c) No motor vehicle shall be or continue
to be registered in the name of any person required...
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32-8-34
Section 32-8-34 Designated agents of department; bond of title service providers. (a) Each
judge of probate, commissioner of licenses, director of revenue, or other county official
in this state authorized and required by law to issue motor vehicle license plates shall by
virtue of his or her office be a designated agent of the department. Judges of probate, commissioners
of licenses, directors of revenue, or other licensing officials may perform their duties under
this chapter either personally or through any of their deputies. (b) Every dealer, as defined
in this chapter, shall be a designated agent of the department. The dealers shall perform
their duties under this chapter personally, through any of their officers or employees, or
through a title service provider; provided, that the dealer shall enter into a bond with a
corporate surety authorized to do business in this state as surety thereon, payable to the
State of Alabama in a sum as provided in Section 40-12-398, conditioned...
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8-21C-2
Section 8-21C-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) AREA OF SALES RESPONSIBILITY. The geographical area, agreed to by the dealer
and the manufacturer or the distributor or in the manufacturer and dealer agreement, within
which the dealer has the exclusive right to display or sell new recreational vehicles of a
particular line-make of the manufacturer or distributor to the retail public. (2) CAMPING
TRAILER. A vehicular unit that is mounted on wheels and constructed with collapsible partial
side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary
living quarters for recreational, camping, or travel use. (3) DEALER. Any person, firm, corporation,
or business engaged in the business of selling recreational vehicles to the general public
and that maintains a permanent business establishment including a service and repair facility
which offers mechanical services for the recreational...
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32-16-3
Section 32-16-3 Right of action dependent upon compliance. No action nor the right of action
to recover any such secondhand or used motor vehicle, nor any part of the selling price thereof,
shall be maintained in the courts of this state by any such dealer or vendor, his successors
or assigns, when such vendor or dealer shall have failed to comply with the terms and provisions
of this chapter. (Acts 1936-37, Ex. Sess., No. 220, p. 263; Code 1940, T. 36, §106.)...
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32-20-22
Section 32-20-22 Designated agents of department. (a) Each judge of probate, commissioner of
licenses, director of revenue, or other county official in this state authorized and required
by law to issue motor vehicle license tags, unless otherwise provided by law, shall by virtue
of his or her office be a designated agent of the department. Judges of probate, commissioners
of licenses, directors of revenue, or other county officials may perform their duties under
this chapter either personally or through any of their deputies. (b) Every dealer, as defined
in this chapter, shall qualify as a designated agent of the department. The dealers may perform
their duties under this chapter either personally or through any of their officers or employees;
provided, that the dealers or persons shall enter into a bond with a corporate surety authorized
to do business in this state as surety thereon, payable to the State of Alabama in a sum as
provided in subsection (b) of Section 32-8-34,...
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