Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 5.00 - Motor Vehicle Regulations › Section 5.01 - Definitions

Current through Register 1525, July 5, 2024
Advertisement
(including the terms
advertise
and
advertising
)
				means any oral, written or graphic statement made by a seller in any manner in
				connection with the solicitation of business and includes, without limitation
				because of enumeration, statements and representations made in a newspaper or
				other publication or on radio or television or contained in any notice,
				handbill, sign, billboard, poster, bill, circular, brochure, pamphlet,
				catalogue or letter, or printed on or contained in any tag or label which is
				attached to or accompanies any merchandise offered for sale.
Authorized Dealer Representative
means
				a salesperson, sales manager or other agent or employee of a motor vehicle
				dealer who is authorized to represent or act for the dealer in connection with
				the acceptance, rejection or modification of motor vehicle purchase
				contracts.
Clear and Conspicuous
means that the
				statement, representation or term being disclosed is of such size, sound or
				color contrast and is so placed as to be readily noticeable to the person to
				whom it is being disclosed. A statement contained in a printed contract, form
				or notice is not clear and conspicuous unless it is printed in at least ten
				point type or its equivalent.
Customer
means any person who has
				repairs, service or maintenance performed or seeks to have repairs, service or
				maintenance performed by a repair shop on a motor vehicle.
Defect
means any defect in the design,
				construction or performance of a motor vehicle produced by a manufacturer which
				the manufacturer has reason to believe may occur or exist in a substantial
				number of vehicles produced by the manufacturer and which (a) creates an
				unreasonable risk of accident, death or injury; (b) substantially impairs the
				operation or performance of the vehicle; or (c) substantially impairs the value
				of the vehicle.
Manufacturer
includes the
				following:
(a) Any person engaged in the business of manufacturing or
				assembling new and unused motor vehicles;
(b) Any person engaged in the business of importing new and
				unused motor vehicles into the United States; and
(c) Any person engaged in the business of selling or
				distributing new and unused motor vehicles to motor vehicle dealers located in
				the Commonwealth.
Motor Vehicle Dealer
or
Dealer
means any person who is engaged in the business
				of selling, offering for sale or negotiating the retail sale of motor vehicles
				and includes the officers, agents and employees of such person and any
				combination or association of dealers. A person shall be deemed to be "in the
				business of selling" motor vehicles if s/he sells more than three motor
				vehicles in any calendar year.
Motor Vehicle
or
Vehicle
shall have the same meaning as that set forth
				in M.G.L. c 90, § 1 except that it shall also include motor cycles.
Person
or
Persons
means an association, a corporation, an
				institution, a natural person, an organization, a partnership, a trust or any
				legal entity.
Purchaser
means any person who has
				obtained ownership of a motor vehicle by transfer or purchase or who has
				entered into an agreement or contract for the purchase of a motor
				vehicle.
Repair Shop
means a person who, for
				compensation, engages in the business of diagnosing or repairing malfunctions
				of or damage to motor vehicles, including auto body shops and retail stores
				which offer automotive services, but excluding:
(a) the Commonwealth of Massachusetts and the United States
				government and all agencies, departments and political subdivisions
				thereof;
(b) any industrial or commercial establishment which repairs,
				services or maintains vehicles for its own use; and
(c) for purposes of
				940 CMR 5.05(2) through (5)
				and (9), gasoline service stations which
				engage solely in minor repair services such as changing or repairing tires,
				lubrication, replacing fan belts and oil and air filters, installing light
				bulbs, batteries, windshield wiper blades and other minor accessories, and the
				like.