Current through Pa Acts 2024-53, 2024-56 through 2024-95
Section 818.332a - Recreational vehicle shows, recreational vehicle off-premise sales, recreational vehicle exhibitions and recreational vehicle rallies(a)Participation.--A recreational vehicle dealer, salesperson, distributor, manufacturer or manufacturer's representative licensed under this act may participate in a recreational vehicle show, recreational vehicle off-premise sale, recreational vehicle exhibition or recreational vehicle rally. A recreational vehicle dealer shall be permitted to conduct a recreational vehicle show, recreational vehicle exhibition or recreational vehicle rally at its established place of business.(b)Bond required.--Any person acting as a recreational vehicle dealer in this Commonwealth shall have posted a bond payable to the Commonwealth in the amount of $30,000 to ensure compliance with all Commonwealth laws and regulations. The bond shall be executed by a surety company authorized to transact business in this Commonwealth. The bond shall be security for any claim filed by an agency of the Commonwealth, for moneys due, including unpaid taxes, fees, licenses, payment of a criminal penalty or fine after conviction or payment of a civil penalty or monetary amount after the entry of judgment. The bond shall remain valid until canceled in writing by the issuer. This provision shall not limit the authority of any government agency or private individual to institute civil, criminal or disciplinary action against a person for a violation of a Commonwealth law or regulation. A recreational vehicle dealer who has a current bond in the amount of at least $30,000 on file with the Department of Transportation shall not be required to post a bond under this subsection.(c)Out-of-State recreational vehicle dealers.--An out-of-State recreational vehicle dealer licensed in another state or jurisdiction or domiciled in another state or jurisdiction that does not require licensure shall register with the board on a form prescribed by the board before participating in this Commonwealth in a recreational vehicle show, recreational vehicle off-premise sale, recreational vehicle exhibition or recreational vehicle rally. The following apply: (1) Registration shall include all of the following: (i) Notification of the out-of-State recreational vehicle dealer's intent to participate in this Commonwealth in a recreational vehicle show, recreational vehicle off-premise sale, recreational vehicle exhibition or recreational vehicle rally.(ii) Agreement to comply with all Federal and State laws and regulations relating to the buying, selling, exchanging, titling, registration or financing of recreational vehicles.(iii) Agreement by the out-of-State recreational vehicle dealer to submit to the jurisdiction of the Commonwealth for purposes of disciplinary action of imposition of a civil or criminal penalty or assessment under subsection (b) resulting from a violation under subparagraph (ii).(iv) Evidence of the posting of a bond under subsection (b).(v) Payment of a participation fee.(vi) A list of all individuals engaged as sales people for the out-of-State recreational vehicle dealer while operating in this Commonwealth.(2) If the board has taken action within the last five years to sanction an out-of-State recreational vehicle dealer, the board may: (i) refuse to accept the registration and participation fee of the out-of-State recreational vehicle dealer permanently or for a fixed period; and(ii) order that the out-of-State recreational vehicle dealer be denied access to all recreational vehicle shows, recreational vehicle off-premise sales, recreational vehicle exhibitions and recreational vehicle rallies in this Commonwealth.(3) An out-of-State recreational vehicle dealer licensed in another state or jurisdiction or domiciled in a state or jurisdiction that does not require licensure may participate in this Commonwealth in a recreational vehicle show, recreational vehicle off-premise sale, recreational vehicle exhibition or recreational vehicle rally under the circumstances set forth either in subparagraph (i) or (ii):(i) When the show, sale, exhibition or rally has less than a total of 50 recreational vehicle dealers participating with permission of the dealer's licensed manufacturer and meets all of the following requirements: (A) A minimum of ten recreational vehicle dealers at the show are licensed in this Commonwealth.(B) More than 50% of the participating recreational vehicle dealers are licensed in this Commonwealth.(C) The state in which the out-of-State recreational vehicle dealer is licensed is contiguous to this Commonwealth and permits recreational vehicle dealers licensed in this Commonwealth to participate in recreational vehicle shows in that state under conditions substantially equivalent to the conditions imposed upon dealers from that state to participate in recreational vehicle shows in this Commonwealth.(ii) When the recreational vehicle show, sale, exhibition or rally opens to the public, it has a total of at least 50 recreational vehicle dealers from this Commonwealth and from another state participating with permission of the dealer's licensed manufacturer and meets all of the following requirements: (A) The show, sale, exhibition or rally is trade oriented and predominantly funded by recreational vehicle manufacturers.(B) All of the participating dealers who are not licensed in this Commonwealth are from a state contiguous to this Commonwealth which permits recreational vehicle dealers licensed in this Commonwealth to participate in recreational vehicle shows in that state under conditions substantially equivalent to the conditions imposed upon dealers from that state to participate in recreational vehicle shows in this Commonwealth.(4) The board shall report a violation of Pennsylvania law or regulation to the state or jurisdiction in which the out-of-State recreational vehicle dealer is licensed or domiciled.(5) Forms for out-of-State recreational vehicle dealers shall be published in the Pennsylvania Bulletin and shall be maintained on the board's Internet website.(6) The board may accept registration information and payment electronically.(7) An out-of-State recreational vehicle dealer may not participate in a recreational vehicle show, recreational vehicle off-premise sale, recreational vehicle exhibition or recreational vehicle rally in this Commonwealth, unless the out-of-State recreational vehicle dealer satisfies at least four of the listed activities at its facility in the contiguous state in which it is licensed or domiciled that does not require licensure: (i) Accepting delivery of new recreational vehicles from the recreational vehicle dealer's manufacturer for which the recreational vehicle dealer possesses an agreement with the manufacturer to sell its new recreational vehicles.(ii) Maintaining inventory and offering recreational vehicles for sale to the public.(iii) Consummating and finalizing recreational vehicle sales.(iv) Servicing or repairing recreational vehicles.(v) Delivering recreational vehicles to purchasers with recreational vehicle titling, registrations issued and taxes collected and paid to the dealer's appropriate home state agencies.Renumbered by P.L. TBD 2018 No. 134, § 20, eff. 10/24/2019.Amended by P.L. TBD 2014 No. 146, § 3, eff. 10/14/2014.1983, Dec. 22, P.L. 306, No. 84, § 32.1, added 2008, Oct. 8, P.L. 1086, No. 90, § 4, effective in 60 days [Dec. 8, 2008].This section is set out twice. See also § 818.32a, effective until 10/24/2019.