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Act Number 350 of the 1954 Louisiana Legislature
enacted Chapter 6 of Title 32 of the Louisiana Revised Statutes and the
Louisiana Motor Vehicle Commission was created. The Declaration of
Public Policy (LSA-R.S. 32:1251) sets forth the reasons for the
enactment of this statute by stating:
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The legislature finds and declares that the distribution and
sale of motor vehicles in the state of Louisiana vitally affects
the general economy of the state, the public interest, and the
public welfare, and that in order to promote the public
interest, and the public welfare, and in the exercise of its
police power, it is necessary to regulate and to license motor
vehicle manufacturers, distributors, dealers, and lessors doing
business in Louisiana, in order to prevent frauds, impositions,
and other abuses upon its citizens, and avoid undue control of
the independent motor vehicle dealer by the motor vehicle
manufacturing and distributive organizations and foster and keep
alive vigorous and healthy competition, by prohibiting unfair
practices by which fair and honest competition is destroyed or
prevented, and to protect the public against the creation or
perpetuation of monopolies and practices detrimental to the
public welfare, to prevent the practice of requiring the buying,
leasing, or renting of special features, appliances, and
equipment not desired or requested by the purchaser, lessee, or
renter, to prevent false and misleading advertising, to prevent
unfair practices by motor vehicle dealers, lessors,
manufacturers, and distributing organizations, to promote the
public safety and prevent disruption of the system of
distribution of motor vehicles to the public and prevent
deterioration of facilities for servicing motor vehicles and
keeping same safe and properly functioning, and prevent
bankrupting of motor vehicle dealers and lessors, who might
otherwise be caused to fail because of such unfair practices and
competition, thereby resulting in unemployment, disruption of
leases, and nonpayment of taxes and loans, and contribute to an
inevitable train of undesirable consequences, including economic
depression. (Current through 2000 1st
Extraordinary Session Acts) |
Then in 1959 the Commission was designated the
administrator of the Motor Vehicle Sales Finance Act (LSA-R.S. 6:956.1, et
seq.)
A brief summary of the functions of the Commission
are:
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Licensing of:
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Manufacturers, Distributors, Factory
Branches, Distributor Branches and their representatives
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New Motor Vehicle Dealers and their
New Motor Vehicle Salesmen
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New Motor Vehicle Dealers Used Motor
Vehicle Facilities and their Used Motor Vehicle Salesmen
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Satellite Warranty Repair Centers
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New Motor Vehicle Brokers
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Motor Vehicle Lessor Franchisors
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Motor Vehicle Lessor Franchisors Used
Motor Vehicle Facilities and their Used Motor Vehicle
Salesmen
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Motor Vehicle Lessors and their
Lessor Agents
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Motor Vehicle Lessor Used Motor
Vehicle facilities and their Used Motor Vehicle Salesmen
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Lease Facilitator
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Converter and/or Secondary
Manufacturer
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Speciality Vehicle Dealers and their
speciality vehicle salesmen
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Finance Companies that finance motor
vehicle pursuant to the Motor Vehicle Sales Finance Act
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Regulation of licensees by requiring that
they comply with any law and the Rules and Regulations
relating to the sale, lease or rental, distribution, or
financing of motor vehicles.
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Promulgations of Rules and Regulations.
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Investigation and examination to ensure
compliance of laws and Rules and regulations relating to the
sale, lease or rental, distribution, or financing of motor
vehicles.
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Investigation of consumer complaints
against any licensee.
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Mediation of disputes between licensees.
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Adjudicative action by the Commission
when and where provided or required by law.
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Audits of motor vehicle chattel mortgages
to verify compliance with the statutory rates as prescribed
by law.
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Audits of pre-paid motor vehicle finance
accounts to insure rebates of finance charges and insurance
coverages are in accordance with the provisions of the law.
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