23-112-1003. Definitions.

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) “Recreational vehicle salesperson” means a person who: (A) Is employed by a dealer as a salesperson whose duties include the selling or offering for sale of recreational vehicles; (B) For compensation of any kind acts as a salesperson, agent, or representative of a dealer; (C) Attempts to or in fact negotiates a sale of a recreational vehicle owned partially or entirely by a dealer; and (D) Uses the financial resources, line of credit, or floor plan of a dealer to purchase, sell, or exchange an interest in a recreational vehicle; (17) “Supplier” means a person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components; (18) “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; (19) “Travel trailer” means a recreational vehicle designed to be towed by a motorized vehicle; and (20)(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.