As used in this chapter:
(1) “Consignment” is when a vehicle owner enters into an agreement with a dealer for the sale of a vehicle without a transfer of ownership to the dealer.
(2) “Dealer” or “motor vehicle dealer” includes all of the following:
a. A person, corporation, partnership, proprietorship or any other legal entity who is in the business of buying, selling or exchanging during any 12-month period 5 or more vehicles.
b. Any person, corporation, partnership, proprietorship or any other legal entity who offers to sell, sells, displays or permits the display for sale, of 5 or more vehicles within a 12-month period.
(3) “Dealer” or “motor vehicle dealer” does not include:
a. A receiver, trustee, personal representative, or other person appointed by or acting under the authority of any court of competent jurisdiction.
b. A public official who sells or disposes of vehicles in the performance of the official’s duties.
c. Any financial institution chartered or authorized to do business in Delaware, including its subsidiaries or affiliates, which receives title to a motor vehicle in the normal course of its business by reason of a lease, foreclosure, repossession, judicial sale or voluntary conveyance or reconveyance of the motor vehicle as a result of any lease of the motor vehicle or any extension of credit secured by the motor vehicle or the enforcement of any lien on the motor vehicle.
d. A licensed auctioneer acting on behalf of a seller, secured party or owner and when title does not pass to the auctioneer and the auction is not for the purpose of avoiding this chapter.
e. An insurance company authorized to do business in Delaware that sells or disposes vehicles under a contract with its insured in the regular course of business.
f. Either a manufacturer or distributor who sells or distributes vehicles to licensed dealers or a person employed by a manufacturer or distributor to promote the sale of the vehicles of the manufacturer or distributor, if that manufacturer, distributor, or person does not sell vehicles to retail buyers. A manufacturer or distributor engaged in selling vehicles to retail buyers may be licensed as a dealer, subject to the limitations set forth in § 6302(g) of this title.
g. A nonprofit educational foundation organized to promote instructional effectiveness and educational achievement.
(4) “Department” shall mean the Department of Transportation, Division of Motor Vehicles.
(5) “Director” shall mean the Director of the Division of Motor Vehicles or the Director’s authorized or delegated representative.
(6) “Division” shall mean the Division of Motor Vehicles.
(7) “Franchised motor vehicle dealer” means a dealer in new vehicles that has a franchise agreement with a manufacturer or distributor of vehicles or, in the case of a recreational vehicle dealer, has a manufacturer-dealer agreement with a manufacturer of distributor to sell a particular line-make of new recreational vehicle or new recreational trailer. As used in this section, the term “line-make” is defined in § 8402(7) of this title.
(8) “New motor vehicle” means a motor vehicle with a manufacturer’s certificate of origin that has not been titled or registered by any state or country in the name of an end user via sale or lease and that has never been the subject of a completed, successful, or conditional sale that was subsequently approved other than between new motor vehicle dealers, or between a manufacturer and a new motor vehicle dealer of the same franchise.
(9) “New motor vehicle dealer” means a dealer or motor vehicle dealer who sells new motor vehicles.
(10) “Retail dealer” means a dealer who may sell vehicles to another dealer, licensed auto auction, or retail customers.
(11) “Used motor vehicle” means a motor vehicle that has been sold, bargained, exchanged, given away, or title transferred from the person who first acquired it from the manufacturer or importer, dealer or agent of the manufacturer or importer and so used as to have become what is commonly known as “secondhand” within the ordinary meaning thereof. “Used motor vehicle” also includes a motor vehicle that has been driven for 7500 miles or more, or that has been used for personal use by an employee or owner of a new motor vehicle dealer, or by a family member of an employee or owner of a new motor vehicle dealer, regardless of whether the motor vehicle would otherwise qualify as a new motor vehicle.
(12) “Used motor vehicle dealer” means a dealer or motor vehicle dealer who exclusively sells used motor vehicles.
(13) “Vehicle” means motor vehicles, trailers, recreational vehicles, recreational trailers, mobile homes, and any other device, in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by animal power, human power, electric bicycles, off-highway vehicles, special mobile equipment and farm equipment.
(14) “Wholesale dealer” means a dealer who may sell vehicles only to another dealer or licensed auto auction.