Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1003 - Definitions

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:
(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:
(A)
A spouse;
(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:
(i)
Motor home;
(ii)
Travel trailer;
(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.