Registrar's Decision

Compliance > Registrar’s Decisions > Registrar’s Decision 15-10-001

Registrar's Decision 15-10-001

File Number: 15-10-001

In the matter of THE MOTOR DEALER ACT R.S.B.C. 1996 C.316
and THE SALESPERSON LICENSING REGULATION B.C. Reg. 241/2004

Complainant: Vehicle Sales Authority

Licensee/Unlicensed person:

0695949 B.C. Ltd. dba K.F.M. (Dealer #30312

Issues:

Pursuant to Sections 5 and 6 of the Motor Dealer Act (“MDA”), the dealer was called to a hearing for operating with unlicensed salespeople.
At the hearing, evidence showed the dealer had other licensing issues such as renewing on time, and responding to request for records.
Compliance Officer Hoy gave evidence that the person washing cars at the dealership, and who was unlicensed, engaged in conduct of a salesperson. Compliance Officer Hoy also noted that the dealer principal, the only current licensed salesperson, was often at his son’s dealership.
The dealer admitted that on at least three occasions, he was away from the dealership and there was no licensed salesperson on site. He did not contest Mr. Hoy’s evidence.
The evidence showed K.F.M. is in the process of having a person licensed as a salesperson.

Outcome:

Pursuant to Section 5(b)(ii) of the MDA, the Registrar ordered that K.F.M. Auto’s dealer registration be suspended for a period of three days.
During the suspension, K.F.M. Auto may not engage in the “lease, exchange or other disposition or supply of a motor vehicle to an individual primarily for the individual’s personal or family use.”
The Registrar added a condition to K.F.M.’s registration that it may not be open for business unless there is a licensed salesperson on duty. This condition may be reviewed again once the new licensed salesperson is in place.