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Ark. Code Ann. § 23-112-1003

Definitions

Known as the Arkansas Motor Vehicle Commission Act

The act spans §§ 23-112-1002 to 23-112-905 (104 sections).

Acts 2013, No. 1043, § 10.

As used in this subchapter:

(1) “Area of sales responsibility” means the geographical area agreed to by the dealer and the manufacturer or distributor in a dealer agreement where the dealer has the exclusive right to display or sell the manufacturer or distributor's new recreational vehicles of a particular line-make to the retail public;

(2) “Dealer” means a person, firm, corporation, or business entity that is: Engaged in the business of selling or offering to sell, selling and servicing, soliciting, or advertising the selling or selling and servicing of recreational vehicles under a manufacturer's warranty; and

(3) Located at an established and permanent place of business under a dealer agreement;

(4) “Dealer agreement” means a written agreement, contract, franchise agreement, or sales and service agreement that: Is entered into between a manufacturer or distributor and a dealer;

(5) Establishes the rights, responsibilities, and obligations of the manufacturer or distributor and a dealer; and

(6) Authorizes the dealer to sell new recreational vehicles;

(7) “Distributor” means a person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers;

(8) “Factory campaign” means an effort on the part of a warrantor to contact recreational vehicle owners or dealers to address a part or equipment issue;

(9) “Factory representative” means a representative employed by a person, firm, association, corporation, or trust that manufactures, assembles, or distributes new recreational vehicles;

(10) “Family member” means: A spouse;

(11) A child, grandchild, parent, sibling, niece, or nephew; or

(12) The spouse of a child, grandchild, parent, sibling, niece, or nephew;

(13) “Fifth wheel travel trailer” means a recreational vehicle designed to be towed by a motorized vehicle by means of a towing mechanism that is mounted above or forward of the tow vehicle's rear axle;

(14) “Folding camping trailer” means a recreational vehicle designed to be towed by a motorized vehicle that is constructed with partially collapsible side walls that fold for travel and unfold and extend in the set-up mode;

(15) “Line-make” means a specific series of recreational vehicle products that: Are identified by a common series trade name or trademark;

(16) Are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range;

(17) Have lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same decor, equipment, features, price, and weight;

(18) Belong to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and

(19) The dealer agreement authorizes a dealer to sell;

(20) “Manufacturer” means a person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles;

(21) “Motor home” means a recreational vehicle built on a self-propelled motor vehicle chassis that contains at least four (4) of the following permanently installed independent life support systems: A cooking facility with an on-board fuel source;

(22) A potable water supply system that includes at least a sink, faucet, and water tank with an exterior service supply connection;

(23) A toilet with exterior evacuation;

(24) A gas or electric refrigerator;

(25) A heating or air conditioning system with an on-board power or fuel source separate from the vehicle engine; or

(26) An electric power supply of one hundred ten to one hundred twenty-five volts (110-125 V);

(27) “Person” means, individually and collectively, individuals, firms, partnerships, copartnerships, associations, corporations, trusts, or any other form of business enterprise or other legal entity;

(28) “Proprietary part” means a recreational vehicle part: Manufactured by or for a manufacturer; and

(29) Sold exclusively by the manufacturer;

(30) “Recreational vehicle”: Means a vehicle that: Has its own motor power or is towed by another vehicle;

(31) Is primarily designed as a temporary living quarters for noncommercial recreation or camping use;

(32) Complies with all applicable federal vehicle regulations as existing on January 1, 2013; and

(33) Does not require a special-movement permit to legally use the highways; and

(34) Includes without limitation a: Motor home;

(35) Travel trailer;

(36) Fifth wheel travel trailer; and

(37) Folding camping trailer;

(38) “Recreational vehicle salesperson” means a person who: Is employed by a dealer as a salesperson whose duties include the selling or offering for sale of recreational vehicles;

(39) For compensation of any kind acts as a salesperson, agent, or representative of a dealer;

(40) Attempts to or in fact negotiates a sale of a recreational vehicle owned partially or entirely by a dealer; and

(41) Uses the financial resources, line of credit, or floor plan of a dealer to purchase, sell, or exchange an interest in a recreational vehicle;

(42) “Supplier” means a person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components;

(43) “Transient customer” means a person who: Owns a recreational vehicle;

(44) Is temporarily traveling through a dealer's area of sales responsibility;

(45) Engages a dealer to perform service work on that recreational vehicle; and

(46) Requires repairs that relate to the safe operation of that recreational vehicle that if not undertaken are of a nature that would render that recreational vehicle unusable for its intended purpose;

(47) “Travel trailer” means a recreational vehicle designed to be towed by a motorized vehicle; and

(48) “Warrantor” means a person, firm, corporation, or business entity, including without limitation a manufacturer or supplier, that provides a written warranty to the consumer in connection with a new recreational vehicle or accessories, parts, or components of a new recreational vehicle.

(49) “Warrantor” does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.