Page 9 - VIADA-Spring2018-Final 030518-web

ating hours as allowed in the past. Anytime allows flexibility, and should be considered In summary:
a dealership is closed, you must notify the by dealers who are sole proprietors, as an 1. Dealerships are authorized 20 excused
MVDB by email (dboard@mvdb.virginia. effective strategy to take care of dealer re- closure days per license year.
gov) or fax (804-367-1053). Submit the lated or personal tasks outside of the deal- 2. Dealerships will not be allowed to close
closing date and time as well as the return ership and still meet the minimum hours of for short periods of time during sched-
date and time by completing a MVDB 40, operation as required by law. uled opening hours without proper no-
Dealership Notice of Temporary Closing tice to MVDB. Any short or brief closing
(03/01/2018) or an alternative notice with The chart at the bottom is an example of a will count towards your 20 closure days.
the required information. The MVDB 40 split business hour schedule. 3. The following are acceptable methods of
or alternative notice is to be posted at or notification to MVDB, Email: dboard@
in close proximity of the dealership’s front Keep the MVDB Informed mvdb.virginia.gov or FAX 804-367-
entrance so that it is visible to the public. The Board strongly recommends that deal- 1053. To modify/update the dealership’s
Dealers closing within 24 hours or less are ers work closely with their local field repre- current business hours or any other in-
encouraged to text or call their local field sentatives and central office staff to ensure formation, send an email or fax to the
representative in addition to submitting the dealership’s current business hours, email MVDB. The MVDB staff will update re-
required information to the MVDB. For address, and other information on file is vised business hours and will ensure the
a current listing of field representatives correct. In addition, submit the day(s) the submission meets regulatory require-
and their telephone numbers, visit www. dealership will be closed to MVDB as soon ments.
mvdb.virginia.gov/about/directory.aspx. as possible. The MVDB should receive 4. Advance notification: Ideally the MVDB
these submissions at least a week prior to should be notified at least 7 days prior
Twenty (20) Authorized Closings the planned closing date, but will accept to scheduled closing of the dealership.
per License Year them up to the day the dealership will Complete the MVDB 40 or an alter-
Recognizing that dealers do take time away close. These best practices will help keep native notice, submit to the MVDB by
from their business, the Board will con- you in compliance. email or fax and post visible the MVDB
tinue to authorize twenty (20) closings for 40 or alternate notice for the public at
all dealers per license year. As previously Educational Warning and Civil Penalty or in close proximity of the dealership’s
stated, completing the MVDB 40 is a con- The Board, out of concern for consumers, entrance.
venient way to notify the MVDB; however, the industry’s reputation, dealership suc- 5. Immediate notification (less than 24
if using an alternative notice, be sure the cess, and Virginia’s economy, directed the hours) – Complete the MVDB 40 or
same information indicated on the MVDB MVDB staff to implement the following ac- alternative notice and email or fax it to
40 is included. Upon receipt, MVDB staff tions regarding Virginia Code §46.2- 1533 the Board. In addition, follow up with
will automatically subtract the closing violations: a text message or phone call to the lo-
day(s) from the dealers’ 20 authorized clos- • 1st violation: Dealer receives an educa- cal Field Representative in your area to
ings for the license year. tional warning (email or letter notifi- inform them that the dealership will be
cation) closed during normally scheduled busi-
The Board reiterated that dealerships have • 2nd violation: a $750 civil penalty (if ness hours.
the flexibility to maintain business hours appealed, granted an informal hearing) 6. Include on the MVDB 40 or alternate
by using a “split” work schedule. A “split” • 3rd violation: the dealer will be advised notice, the date and time your dealership
schedule may enable a dealer to conduct of an informal hearing on 1533 viola- will be closed and the date and time the
routine business as well as other tasks (i.e., tions, Failure to Maintain Business dealership will reopen.
lunch, bank, medical appointments, etc.) Hours 7. An accelerated penalty process is in
outside of the dealership. A split schedule place to address 1533 violations. n

Posted Business Hours – Example of a split schedule

In the example, the Business Hours requirements (§46.2-1533) are met. The dealership is open for 10 hours between the hours of 9 a.m. and
5 p.m. Monday - Friday and is open for 10 hours over the weekend, for a total of 20 hours.

THE VIRGINIA INDEPENDENT NEWS | SPRING 2018 | 7