Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Enforcement Policy topic
No spam. Unsubscribe anytime.
Commission debates fines for unlicensed car sellers; favors $5,000 cap for individuals
Summary
Commissioners debated whether to assess $1,000 per vehicle or cap fines at $5,000 for individuals selling more vehicles than allowed. The body moved to standardize some first-time, individual cases at a $5,000 maximum and instructed staff to apply professional judgment for repeat offenders.
Commissioners examined disparities in civil penalties for unlicensed sellers after staff presented cases where individuals sold vehicles without a dealer license. Staff noted an agreed schedule ($1,000 per vehicle over the allowed five) but the commission considered whether a capped penalty is more appropriate for private individuals selling on marketplace platforms.
Commissioner Andrews said a $5,000 cap for a first-time, individual offense would likely get a person’s attention and be more appropriate than a per-vehicle formula in many circumstances. Staff agreed the statute allows a case-by-case approach and pointed to factors the commission should consider when setting penalties.
The commission moved to amend case 188 to a $5,000 civil penalty to align with other similar matters and to adopt consistent practice going forward; staff will clarify guidance for distinguishing repeat offenders from inadvertent individual sellers.
