58.1-2401 - Definitions.
§ 58.1-2401. Definitions.
As used in this chapter, unless the context clearly shows otherwise, the termor phrase:
"Commissioner" shall mean the Commissioner of the Department of MotorVehicles of the Commonwealth.
"Daily rental vehicle" shall mean a motor vehicle, except a motorcycle or amanufactured home as defined in § 46.2-100, used for rental as defined inthis section and for the transportation of persons or property, whether onits own structure or by drawing another vehicle or vehicles.
"Department" shall mean the Department of Motor Vehicles of thisCommonwealth, acting through its duly authorized officers and agents.
"Gross proceeds" shall mean the charges made or voluntary contributionsreceived for the rental of a motor vehicle where the rental or leaseagreement is for a period of less than twelve months.
"Mobile office" shall mean an industrialized building unit not subject tothe federal regulation, which may be constructed on a chassis for the purposeof towing to the point of use and designed to be used with or without apermanent foundation, for commercial use and not for residential use; or twoor more such units separately towable, but designed to be joined together atthe point of use to form a single commercial structure, and which may bedesigned for removal to, and installation or erection on other sites.
"Motor vehicle" shall mean every vehicle, except for mobile office asherein defined, which is self-propelled or designed for self-propulsion andevery vehicle drawn by or designed to be drawn by a motor vehicle, includingmanufactured homes as defined in § 46.2-100 and every device in, upon and bywhich any person or property is, or can be, transported or drawn upon ahighway, but excepting devices moved by human or animal power, devices usedexclusively upon stationary rails or tracks and vehicles, other thanmanufactured homes, used in this Commonwealth but not required to be licensedby the Commonwealth.
"Rental" shall mean the transfer of the possession or use of a motorvehicle, whether or not the motor vehicle is required to be licensed by theCommonwealth, by a person for a consideration, without the transfer of theownership of such motor vehicle, for a period of less than twelve months. Anyfee arrangement between the holder of a permit issued by the StateCorporation Commission or the Department for taxicab services and the driveror drivers of such taxicabs shall not be deemed a rental under this section.
"Rental in the Commonwealth" shall mean any rental where a person receiveddelivery of a motor vehicle within the Commonwealth. The term"Commonwealth" shall include all land or interest in land within theCommonwealth owned by or conveyed to the United States of America.
"Rentor" shall mean a person engaged in the rental of motor vehicles forconsideration as defined in this section.
"Sale" shall mean any transfer of ownership or possession, by exchange orbarter, conditional or otherwise, in any manner or by any means whatsoever,of a motor vehicle. The term shall also include a transaction wherebypossession is transferred but title is retained by the seller as security.The term shall not include a transfer of ownership or possession made tosecure payment of an obligation, nor shall it include a refund for, orreplacement of, a motor vehicle of equivalent or lesser value pursuant to theVirginia Motor Vehicle Warranty Enforcement Act (§ 59.1-207.9 et seq.). Wherethe replacement motor vehicle is of greater value than the motor vehiclereplaced, only the difference in value shall constitute a sale.
"Sale price" shall mean the total price paid for a motor vehicle and allattachments thereon and accessories thereto, as determined by theCommissioner, exclusive of any federal manufacturers' excise tax, without anyallowance or deduction for trade-ins or unpaid liens or encumbrances.However, "sale price" shall not include the cost of controls, lifts,automatic transmission, power steering, power brakes or any other equipmentinstalled in or added to a motor vehicle which is required by law orregulation as a condition for operation of a motor vehicle by a handicappedperson.
(Code 1950, §§ 58-685.11, 58-685.13, 58-685.13:2; 1966, c. 587; 1968, c. 321;1970, cc. 409, 489; 1972, cc. 302, 680; 1973, c. 207; 1974, c. 477; 1976, cc.567, 610; 1977, c. 537; 1978, cc. 656, 758, 766; 1979, cc. 310, 436; 1982, c.541; 1983, c. 386; 1984, c. 675; 1986, Sp. Sess., c. 11; 1995, c. 50; 1997,cc. 283, 853; 1999, c. 77.)