Section 23-112-1003 - DefinitionsAs 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:(A) 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(B) Located at an established and permanent place of business under a dealer agreement;(3) "Dealer agreement" means a written agreement, contract, franchise agreement, or sales and service agreement that: (A) Is entered into between a manufacturer or distributor and a dealer;(B) Establishes the rights, responsibilities, and obligations of the manufacturer or distributor and a dealer; and(C) Authorizes the dealer to sell new recreational vehicles;(4) "Distributor" means a person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers;(5) "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;(6) "Factory representative" means a representative employed by a person, firm, association, corporation, or trust that manufactures, assembles, or distributes new recreational vehicles;(7) "Family member" means:(B) A child, grandchild, parent, sibling, niece, or nephew; or(C) The spouse of a child, grandchild, parent, sibling, niece, or nephew;(8) "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;(9) "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;(10) "Line-make" means a specific series of recreational vehicle products that:(A) Are identified by a common series trade name or trademark;(B) Are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight, and price range;(C) 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;(D) 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(E) The dealer agreement authorizes a dealer to sell;(11) "Manufacturer" means a person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles;(12) "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) A cooking facility with an on-board fuel source;(B) A potable water supply system that includes at least a sink, faucet, and water tank with an exterior service supply connection;(C) A toilet with exterior evacuation;(D) A gas or electric refrigerator;(E) A heating or air conditioning system with an on-board power or fuel source separate from the vehicle engine; or(F) An electric power supply of one hundred ten to one hundred twenty-five volts (110-125 V);(13) "Person" means, individually and collectively, individuals, firms, partnerships, copartnerships, associations, corporations, trusts, or any other form of business enterprise or other legal entity;(14) "Proprietary part" means a recreational vehicle part:(A) Manufactured by or for a manufacturer; and(B) Sold exclusively by the manufacturer;(15) "Recreational vehicle":(A) Means a vehicle that:(i) Has its own motor power or is towed by another vehicle;(ii) Is primarily designed as a temporary living quarters for noncommercial recreation or camping use;(iii) Complies with all applicable federal vehicle regulations as existing on January 1, 2013; and(iv) Does not require a special-movement permit to legally use the highways; and(B) Includes without limitation a: (iii) Fifth wheel travel trailer; and(iv) Folding camping trailer;(16) "Supplier" means a person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components;(17) "Transient customer" means a person who:(A) Owns a recreational vehicle;(B) Is temporarily traveling through a dealer's area of sales responsibility;(C) Engages a dealer to perform service work on that recreational vehicle; and(D) 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;(18) "Travel trailer" means a recreational vehicle designed to be towed by a motorized vehicle; and(19)(A) "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.(B) "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.Amended by Act 2021, No. 504,§ 13, eff. 7/28/2021.Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.