Sec. 14-51. Definitions.
Sec. 14-51. Definitions. (a) As used in this subpart (D):
(1) "New car dealer" includes any person, firm or corporation engaged in the business of merchandising new motor vehicles under a manufacturer's or importer's contract
for each such make of vehicle who may, incidental to such business, sell used motor
vehicles and repair motor vehicles. Such person shall be qualified to conduct such business in accordance with the requirements of section 14-52a.
(2) "Used car dealer" includes any person, firm or corporation engaged in the business of merchandising motor vehicles other than new who may, incidental to such business, repair motor vehicles. A used car dealer does not include any person, firm or
corporation engaged in the business of leasing or renting motor vehicles that offers for
sale or sells used motor vehicles incidental to its primary business, if (A) such person,
firm or corporation is licensed in accordance with the provisions of section 14-15, and
(B) the motor vehicles that it offers for sale were formerly the subject of one or more
lease agreements to which it was a party and the actual or prospective purchaser is the
original lessee pursuant to a purchase option specified in a lease agreement. Such person
shall be qualified to conduct such business in accordance with the requirements of section 14-52a.
(3) "Repairer" includes any person, firm or corporation qualified to conduct such
business in accordance with the requirements of section 14-52a, having a suitable facility
and having adequate equipment, engaged in repairing, overhauling, adjusting, assembling or disassembling any motor vehicle, but shall exclude a person engaged in making
repairs to tires, upholstering, glazing, general blacksmithing, welding and machine work
on motor vehicle parts when parts involving such work are disassembled or reassembled
by a licensed repairer.
(4) "Limited repairer" includes any qualified person, having a suitable place of
business and adequate equipment engaged in the business of minor repairs, including
repairs and replacement of cooling, electrical, fuel and exhaust systems, brake adjustments, relining and repairs, wheel alignment and balancing, and repair and replacement
of shock absorbers. For the purpose of this section, the place of business of a limited
repairer shall be deemed to be suitable if the building in which the work of the repairer
is performed has space capable of receiving at least one motor vehicle at any one time,
exclusive of a grease pit or rack, and has adequate space for an office and for the storage
of parts and accessories. A person shall be deemed capable of performing the duties of
a limited repairer if he is, in the opinion of the commissioner, a qualified mechanic who
has a thorough knowledge of the services to be rendered, or has a certificate of completion of a specialized course from a service school approved by the commissioner, or
satisfactory proof of previous employment by a licensed repairer for a period of three
years, or has successfully passed an examination given by the Department of Motor
Vehicles.
(b) The lubricating of motor vehicles, adding or changing of oil or other motor
vehicle fluids, changing of tires and tubes, including the balancing of wheels, or installing of batteries or light bulbs, windshield wiper blades or drive belts shall not be construed as the repairing of motor vehicles under the provisions of this subpart (D).
(1949 Rev., S. 2391; 1953, 1955, S. 1307d; 1963, P.A. 316; 1967, P.A. 307; P.A. 02-70, S. 21.)
History: 1963 act redefined limited repairer to add "relining and repairs," etc; 1967 act replaced reference to factory
contract with reference to manufacturer's or importer's contract for each make of vehicle in definition of "new car dealer"
and deleted references to removing and replacing parts of motor vehicles in definition of "repairer"; (Revisor's note: In
1997 references throughout the general statutes to "Motor Vehicle(s) Commissioner" and "Motor Vehicle(s) Department"
were replaced editorially by the Revisors with "Commissioner of Motor Vehicles" or "Department of Motor Vehicles",
as the case may be, for consistency with customary statutory usage); P.A. 02-70 divided existing provisions into Subsecs.
(a) and (b) and in Subsec. (a) adding language making definitions applicable to subpart (D), inserting Subdiv. designators
and making conforming changes for each definition, in Subdivs. (1) and (2) requiring new car dealer and used car dealer
to be qualified to conduct business in accordance with the requirements of Sec. 14-52a and deleting reference to having a
suitable and adequate place of business determined to be such by the commissioner, in Subdiv. (2) excluding leasing or
renting businesses that sell used motor vehicles incidental to their primary business from the definition of "used car dealer"
provided they satisfy criteria in Subparas. (A) and (B), in Subdiv. (3) requiring repairer to be qualified to conduct business
in accordance with the requirements of Sec. 14-52a and deleting reference to having a suitable place of business, and in
Subsec. (b) specifying the list of services that may be performed without being construed as the repairing of motor vehicle
under subpart (D).
Zoning appeals board can go no further than apply the test incorporated in the statute. 143 C. 634. Cited. 154 C. 540.
Variance does not provide automatic extension of nonconforming use, when. 164 C. 85. Cited. 165 C. 15. Offense charged
and offense found were separate and distinct and constituted a taking of the plaintiff's property without due process. Id.,
42. Commissioner upheld in suspending plaintiff's, repairer's and wrecker's licenses for violation of this section and
regulations thereunder. 167 C. 304.
Cited. 29 CS 330.