§781. Definitions
As used in this Chapter:
(1)Repealed by Acts 2015, No. 119, §2.
(2)"Commission" means the Louisiana Used Motor Vehicle Commission or its
designee.
(3)"Dismantler and parts recycler" means a person, firm, or corporation engaged in
whole or in part in the business of acquiring and dismantling, disassembling, or repairing
wrecked, abandoned, or repairable motor vehicles or selling the usable parts thereof, or
selling such wrecked, abandoned, or repairable motor vehicles as a unit of wholesale, or
selling such repaired motor vehicles as a unit at wholesale. For purposes of this Chapter, a
person, firm, or corporation shall be presumed to be engaging in the business of a dismantler
and parts recycler if such person, firm, or corporation possesses ten or more inoperable moto
Free access — add to your briefcase to read the full text and ask questions with AI
§781. Definitions
As used in this Chapter:
(1) Repealed by Acts 2015, No. 119, §2.
(2) "Commission" means the Louisiana Used Motor Vehicle Commission or its
designee.
(3) "Dismantler and parts recycler" means a person, firm, or corporation engaged in
whole or in part in the business of acquiring and dismantling, disassembling, or repairing
wrecked, abandoned, or repairable motor vehicles or selling the usable parts thereof, or
selling such wrecked, abandoned, or repairable motor vehicles as a unit of wholesale, or
selling such repaired motor vehicles as a unit at wholesale. For purposes of this Chapter, a
person, firm, or corporation shall be presumed to be engaging in the business of a dismantler
and parts recycler if such person, firm, or corporation possesses ten or more inoperable motor
vehicles for more than thirty days, except when such inoperable motor vehicles are being
held:
(a) By a licensed tow truck owner or operator.
(b) By a scrap metal processor to recycle the scrap metal.
(c) By a bona fide repair business awaiting repairs.
(4) "Dismantler and parts recycler sales representative" shall include anyone who,
for compensation of any kind, sells or brokers any used motor vehicle or any usable part of
a used motor vehicle.
(5) "Motor vehicle" means any motor-driven vehicle required to be registered that
was used, is used, or is designed to be used for the transporting of passengers or goods for
public, private, commercial, or for-hire purposes.
(6) "Motor vehicle crusher" means any person, firm, limited liability corporation, or
corporation engaged in whole or in part in the business of purchasing and crushing or
compacting motor vehicles and selling the crushed or compacted vehicle for scrap.
(7) "Place of business" means the place owned or leased and regularly occupied by
a person, partnership, corporation, limited liability company, or other entity licensed under
the provisions of this Chapter for the principal purpose of auctioning, renting, or selling used
motor vehicles, crushing or compacting used motor vehicles and selling the crushed or
compacted vehicle for scrap, or engaging in the business of a dismantler and parts recycler,
where the products for sale are displayed and offered for sale, and where the books and
records required for the conduct of the business are maintained and kept.
(7.1) "Public or retail motor vehicle auction" means the act of any person,
partnership, corporation, limited liability company, or other entity engaging in, for a
commission, compensation, or other consideration, the business of providing vehicle auction
services at an established place of business which is not open exclusively to motor vehicle
dealers, dismantlers, and parts recyclers.
(8) "Salvage pool or salvage disposal sale" means a scheduled sale at auction or by
private bid of wrecked or repairable motor vehicles by insurance companies, or by used
motor vehicle dealers, or automotive dismantlers and parts recyclers licensed by the
commission.
(9) "Scrap metal processor" means any person or entity engaged in the business of
obtaining and storing scrap metal, as defined by R.S. 37:1962, whose origin included
abandoned, wrecked, or junked motor vehicles for recycling.
(10) "Ultimate purchaser" means the first person or corporate entity, other than a
dealer purchasing in his capacity as a dealer, who in good faith purchases a new motor
vehicle for purposes other than resale. "Ultimate purchaser" shall not include a person who
purchases a vehicle for purposes of altering or remanufacturing the motor vehicle for future
resale.
(11) "Used fire truck" means any motorized vehicle, the legal title of which has been
transferred by a manufacturer, distributor, or dealer to an ultimate purchaser, utilized by a fire
department in transporting firefighters or equipment to fires and emergency calls and
supports extinguishing operations such as water, pumps, ladders, special service apparatus,
hoses, foam, air, lights, rescue equipment, and utility equipment.
(12) "Used motor vehicle" means a motor vehicle, which has been previously titled
to an ultimate purchaser as defined in R.S. 32:1252.
(13)(a)(i) "Used motor vehicle dealer" means any person, partnership, corporation,
limited liability company, or other entity who, for a commission or with intent to make a
profit or gain of money or other thing of value, buys, sells, brokers, exchanges, rents with
option to purchase, auctions at retail or public, offers, or attempts to negotiate a sale or
exchange of an interest in used motor vehicles and who is engaged wholly or in part in the
business of buying and selling used motor vehicles, whether such motor vehicles are owned
by such person and whether the motor vehicles are sold from a dealership location or via any
form of advertising, including but not limited to the Internet. A person shall be presumed
to be engaged in the business of selling used motor vehicles if he sells five or more used
motor vehicles in any twelve-month period which vehicles are not registered to and insured
by members of the individual's household, immediate family members, or legal entities in
which the individual has an ownership interest or which employ the individual. An entity
shall be presumed to be engaged in the business of selling used motor vehicles if the entity
sells five or more used motor vehicles which are not registered to and insured by the entity
or by an entity affiliated with the entity receiving anything of value.
(ii) The term shall also include anyone not licensed under Chapter 6 of Title 32 of
the Louisiana Revised Statutes of 1950 who sells used motor vehicles and who rents on a
daily basis used motor vehicles.
(b) "Used motor vehicle dealer" shall not include any of the following:
(i) Receivers, trustees, administrators, executors, guardians, or other persons
appointed by or acting under the judgment or order of any court.
(ii) Public officers while performing their official duties.
(iii) Employees of persons enumerated in the definition of "used motor vehicle
dealer" when engaged in the specific performance of their duties as such employees.
(iv) Mortgagees or secured parties as to sales of motor vehicles constituting collateral
on a mortgage or security agreement.
(v) Insurance companies.
(vi) Auctioneers or auction houses who are not engaged in the auction of used motor
vehicles as the principal part of their business, including but not limited to the following
auctions: estate auctions, bankruptcy auctions, farm equipment auctions, or government
auctions.
(14) "Used motor vehicle salesperson" shall include anyone who is actively engaged
in the sale, offering for sale, or negotiations to sell a used motor vehicle, including those
engaged in management or finance and insurance, and who for compensation of any kind
operates as a broker or is compensated for any referral of a prospective buyer to a used motor
vehicle dealer. "Compensation" for purposes of this Chapter means any thing of value
including money, merchandise, rebates on purchases, trading stamps, or any other thing of
value.
(15) "Used wrecker" means a truck, the legal title of which has been transferred, by
a manufacturer, distributor, or dealer to an ultimate purchaser, with a hoist and towing
apparatus used in towing wrecked or disabled vehicles.
(16) "Water-damaged vehicle" means any motor vehicle whose power train,
computer, or electrical system has been damaged by flooding.
(17) "Wholesale motor vehicle auction" means the act of any person, partnership,
corporation, limited liability company, or other entity engaging in, for a commission,
compensation, or other consideration, the business of providing wholesale vehicle auction
services at an established place of business which is open exclusively to licensed motor
vehicle dealers, dismantlers, and parts recyclers.