Acts and Regulations

83-42 - General

Section 17
Disposition versions

Full text
17(1)Repealed: 94-132
17(1.1)In this section
“certified mechanic” means a certified mechanic as defined in section 2 of New Brunswick Regulation 83-185 under the Motor Vehicle Act.(mécanicien certifié)
17(2)In reviewing an application for a dealer’s, sub-dealer’s, used motor vehicle dealer’s or wrecker’s licence, the Registrar shall give consideration to the applicant’s financial standing and business integrity and whether the applicant
(a) has an established place of business;
(b) is engaged primarily in the business of buying, selling and servicing motor vehicles;
(c) is able to conduct properly the business of a motor vehicle dealer;
(d) employs the services of at least one certified mechanic and has proper equipment to repair motor vehicles, or has contracted with a certified mechanic in accordance with subsection (2.1); and
(e) Repealed: 96-97
(f) has filed a bond in accordance with section 18 and such other pertinent information consistent with the safeguarding of the public interest.
17(2.1)An applicant referred to in subsection (2) who has contracted with a certified mechanic as described in paragraph (2)(d) shall provide to the Registrar, with the application,
(a) a copy of the contract, which shall provide for a certified mechanic to do all inspections and mechanical work required to be done by the applicant and in which shall be set out
(i) the names, addresses and telephone numbers of the parties to the contract,
(ii) the address and the licence number of the official testing station at which the inspections and mechanical work will be performed, and
(iii) any expiry date of the contract, and
(b) evidence satisfactory to the Registrar that
(i) the quality of service provided to the customer under the contract would be at least reasonably equivalent to the quality of service that would be provided to the customer if the applicant were to employ a certified mechanic, and
(ii) all inspections and mechanical work will be performed at the official testing station referred to in the contract in accordance with all applicable legislation and regulations.
17(2.2)The holder of a licence issued under this section shall notify the Registrar in writing forthwith of any change in the names, addresses, telephone numbers, terms or other material information set out in, or of the expiry or cancellation of, a contract referred to in subsection (2.1).
17(2.3)The Registrar, if satisfied that a contract referred to in subsection (2.1) is no longer subsisting or does not fulfil the requirements of that subsection, may suspend the licence to which it relates and may reinstate a suspended licence upon being satisfied that there is a valid contract conforming to those requirements.
17(2.4)The Registrar may suspend a dealer’s licence where the dealer
(a) no longer has an established place of business,
(b) is no longer engaged primarily in the business of buying, selling and servicing motor vehicles,
(c) is no longer able to conduct properly the business of a motor vehicle dealer, or
(d) has failed to maintain a bond filed in accordance with section 18.
17(2.5)When deciding whether to suspend a dealer’s licence under subsection (2.4), the Registrar shall give consideration to the dealer’s financial standing and business integrity.
17(2.6)The Registrar may, if satisfied that the conditions leading to the suspension have been corrected, reinstate a dealer’s licence suspended under subsection (2.4).
17(3)The fee for a dealer’s, sub-dealer’s, used motor vehicle dealer’s or wrecker’s licence is one hundred and fifty dollars.
17(4)The fee for a renewal of a dealer’s, sub-dealer’s, used motor vehicle dealer’s or wrecker’s licence is seventy-six dollars.
17(5)Repealed: 94-132
17(6)The Motor Carrier Board is designated as the body to which appeals may be made from any decision of the Registrar in relation to applications for and the issuance, renewal, suspension, cancellation and reinstatement of licences of dealers and wreckers.
17(7)An appeal referred to in subsection (6) shall be in writing, signed by the appellant or the agent of the appellant and delivered to the Secretary of the Motor Carrier Board within thirty days after the receipt by the appellant of the Registrar’s decision.
17(8)The decision of the Motor Carrier Board is final.
17(9)Repealed: 94-132
17(10)Repealed: 94-132
85-212; 88-277; 91-74; 92-48; 92-66; 92-132; 94-132; 96-97; 99-18
17(1)Repealed: 94-132
17(1.1)In this section
“certified mechanic” means a certified mechanic as defined in section 2 of New Brunswick Regulation 83-185 under the Motor Vehicle Act.
17(2)In reviewing an application for a dealer’s, sub-dealer’s, used motor vehicle dealer’s or wrecker’s licence, the Registrar shall give consideration to the applicant’s financial standing and business integrity and whether the applicant
(a) has an established place of business;
(b) is engaged primarily in the business of buying, selling and servicing motor vehicles;
(c) is able to conduct properly the business of a motor vehicle dealer;
(d) employs the services of at least one certified mechanic and has proper equipment to repair motor vehicles, or has contracted with a certified mechanic in accordance with subsection (2.1); and
(e) Repealed: 96-97
(f) has filed a bond in accordance with section 18 and such other pertinent information consistent with the safeguarding of the public interest.
17(2.1)An applicant referred to in subsection (2) who has contracted with a certified mechanic as described in paragraph (2)(d) shall provide to the Registrar, with the application,
(a) a copy of the contract, which shall provide for a certified mechanic to do all inspections and mechanical work required to be done by the applicant and in which shall be set out
(i) the names, addresses and telephone numbers of the parties to the contract,
(ii) the address and the licence number of the official testing station at which the inspections and mechanical work will be performed, and
(iii) any expiry date of the contract, and
(b) evidence satisfactory to the Registrar that
(i) the quality of service provided to the customer under the contract would be at least reasonably equivalent to the quality of service that would be provided to the customer if the applicant were to employ a certified mechanic, and
(ii) all inspections and mechanical work will be performed at the official testing station referred to in the contract in accordance with all applicable legislation and regulations.
17(2.2)The holder of a licence issued under this section shall notify the Registrar in writing forthwith of any change in the names, addresses, telephone numbers, terms or other material information set out in, or of the expiry or cancellation of, a contract referred to in subsection (2.1).
17(2.3)The Registrar, if satisfied that a contract referred to in subsection (2.1) is no longer subsisting or does not fulfil the requirements of that subsection, may suspend the licence to which it relates and may reinstate a suspended licence upon being satisfied that there is a valid contract conforming to those requirements.
17(2.4)The Registrar may suspend a dealer’s licence where the dealer
(a) no longer has an established place of business,
(b) is no longer engaged primarily in the business of buying, selling and servicing motor vehicles,
(c) is no longer able to conduct properly the business of a motor vehicle dealer, or
(d) has failed to maintain a bond filed in accordance with section 18.
17(2.5)When deciding whether to suspend a dealer’s licence under subsection (2.4), the Registrar shall give consideration to the dealer’s financial standing and business integrity.
17(2.6)The Registrar may, if satisfied that the conditions leading to the suspension have been corrected, reinstate a dealer’s licence suspended under subsection (2.4).
17(3)The fee for a dealer’s, sub-dealer’s, used motor vehicle dealer’s or wrecker’s licence is one hundred and fifty dollars.
17(4)The fee for a renewal of a dealer’s, sub-dealer’s, used motor vehicle dealer’s or wrecker’s licence is seventy-six dollars.
17(5)Repealed: 94-132
17(6)The Motor Carrier Board is designated as the body to which appeals may be made from any decision of the Registrar in relation to applications for and the issuance, renewal, suspension, cancellation and reinstatement of licences of dealers and wreckers.
17(7)An appeal referred to in subsection (6) shall be in writing, signed by the appellant or the agent of the appellant and delivered to the Secretary of the Motor Carrier Board within thirty days after the receipt by the appellant of the Registrar’s decision.
17(8)The decision of the Motor Carrier Board is final.
17(9)Repealed: 94-132
17(10)Repealed: 94-132
85-212; 88-277; 91-74; 92-48; 92-66; 92-132; 94-132; 96-97; 99-18