§1432. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings. [1997, c. 427, §2 (NEW).]
1. Camping trailer.
"Camping trailer" means a trailer constructed with collapsible partial side walls
that fold for towing by another vehicle and unfold at the campsite to provide temporary
living quarters for recreational, camping or travel use.
[
1997, c. 427, §2 (NEW)
.]
1-A. Area of sales responsibility.
"Area of sales responsibility" means the geographical area agreed to by the dealer
and the manufacturer in the dealer agreement within which the dealer has the exclusive
right to display the manufacturer's new recreational vehicles of a particular line
make to the retail public.
[
2009, c. 562, §3 (NEW)
.]
2. Dealer.
"Dealer" means a person, firm, corporation or business entity licensed or required to be licensed
under Title 29-A, including a recreational vehicle dealer to whom a dealer agreement is offered or granted.
[
2009, c. 562, §4 (AMD)
.]
3. Dealer agreement.
"Dealer agreement" means an oral or written arrangement for a definite or indefinite
period in which a manufacturer, distributor or wholesaler grants to a recreational
vehicle dealer a license to use a trade name, service mark or related characteristic
and in which there is a community of interest in the marketing of recreational vehicles
or services related to recreational vehicles at wholesale, retail or leasing.
[
1997, c. 427, §2 (NEW)
.]
4. Designated family member.
"Designated family member" means the spouse, child, grandchild, parent, brother
or sister of the owner of a new recreational vehicle dealer who, in the case of the
owner's death, is entitled to inherit the ownership interest in the new recreational
vehicle dealership under the terms of the owner's will or who, in the case of an incapacitated
owner of a new recreational vehicle dealership, has been appointed by a court as the
legal representative of the new recreational vehicle dealer's property.
[
1997, c. 427, §2 (NEW)
.]
5. Distributor branch.
"Distributor branch" means a branch office maintained by a distributor or wholesaler
that sells or distributes new or used recreational vehicles to recreational vehicle
dealers.
[
1997, c. 427, §2 (NEW)
.]
6. Distributor representative.
"Distributor representative" means a representative employed by a distributor branch,
distributor or wholesaler.
[
1997, c. 427, §2 (NEW)
.]
7. Distributor or wholesaler.
"Distributor" or "wholesaler" means any person that sells or distributes new or
used recreational vehicles to recreational vehicle dealers or that maintains distributor
representatives within this State.
[
1997, c. 427, §2 (NEW)
.]
8. Factory branch.
"Factory branch" means a branch maintained by a manufacturer that manufactures or
assembles recreational vehicles for sale to distributors or recreational vehicle dealers
or that is maintained for directing and supervising the representatives of the manufacturer.
[
1997, c. 427, §2 (NEW)
.]
8-A. Factory campaign.
"Factory campaign" means an effort on the part of a warrantor to contact recreational
vehicle dealers or owners in order to address a part or equipment issue.
[
2009, c. 562, §5 (NEW)
.]
9. Factory representative.
"Factory representative" means a representative employed by a manufacturer or employed
by a factory branch for the purpose of making or promoting the sale of recreational
vehicles or for contracting with, supervising, servicing, or instructing or contracting
recreational vehicle dealers or prospective recreational vehicle dealers.
[
1997, c. 427, §2 (NEW)
.]
10. Fifth-wheel trailer.
"Fifth-wheel trailer" means a vehicle mounted on wheels designed to provide temporary living quarters for recreational, camping or travel
use, of such size or weight as not to require special highway movement permits and
designed to be towed by a motor vehicle that contains a towing mechanism mounted above
or forward of the tow vehicle's rear axle.
[
2009, c. 562, §6 (AMD)
.]
10-A. Folding camping trailer.
"Folding camping trailer" means a vehicle mounted on wheels and constructed with collapsible
partial side walls that fold for towing by another vehicle and unfold to provide temporary
living quarters for recreational, camping or travel use.
[
2009, c. 562, §7 (NEW)
.]
11. Fraud.
"Fraud" includes, in addition to its normal legal connotation, a misrepresentation
in any manner, whether intentionally false or due to gross negligence of a material
fact, a promise or representation not made honestly and in good faith and an intentional
failure to disclose a material fact.
[
1997, c. 427, §2 (NEW)
.]
12. Good faith.
"Good faith" means honesty in fact and the observance of reasonable commercial standards
of fair dealing in the trade as defined in Title 11, section 2103, subsection (1),
paragraph (b).
[
1997, c. 427, §2 (NEW)
.]
12-A. Line make.
"Line make" means a specific series of recreational vehicles that:
A. Are identified by a common series trade name or trademark; [2009, c. 562, §8 (NEW).]
B. Are targeted to a particular market segment, as determined by their decor, features,
equipment, size, weight and price range; [2009, c. 562, §8 (NEW).]
C. Have lengths and interior floor plans that distinguish the recreational vehicles from
other recreational vehicles with substantially the same decor, features, equipment, size, weight and price range; [RR 2009, c. 2, §15 (COR).]
D. Belong to a single, distinct classification of recreational vehicle types having a
substantial degree of commonality in the construction of the chassis, frame and body;
and [2009, c. 562, §8 (NEW).]
E. A dealer agreement authorizes a dealer to sell. [2009, c. 562, §8 (NEW).]
[
RR 2009, c. 2, §15 (COR)
.]
13. Manufacturer.
"Manufacturer" means any person, resident or nonresident, that manufactures or assembles
new recreational vehicles or imports for distribution through distributors of recreational
vehicles, or any person, resident or nonresident, that is controlled by the manufacturer
who grants a dealer agreement to a recreational vehicle dealer. "Manufacturer" includes
distributor or wholesaler, distributor branch, distributor representative, factory
branch and factory representative.
[
1997, c. 427, §2 (NEW)
.]
13-A. Motor home.
"Motor home" means a motor vehicle designed to provide temporary living quarters for
recreational, camping or travel use that contains at least 4 of the following as permanently
installed independent systems that meet the National Fire Protection Association standard
for recreational vehicles:
A. A cooking facility with an on-board fuel source; [2009, c. 562, §9 (NEW).]
B. A potable water supply system that includes at least a sink, a faucet and a water
tank with an exterior service supply connection; [2009, c. 562, §9 (NEW).]
C. A toilet with exterior evacuation; [2009, c. 562, §9 (NEW).]
D. A gas or electric refrigerator; [2009, c. 562, §9 (NEW).]
E. A heating or air-conditioning system with an on-board power or fuel source separate
from the vehicle engine; and [2009, c. 562, §9 (NEW).]
F. A 110-volt to 125-volt electric power supply. [2009, c. 562, §9 (NEW).]
[
2009, c. 562, §9 (NEW)
.]
14. Motor vehicle.
Motor vehicle has the same meaning as defined in Title 29-A, section 101, subsection
42.
[
1997, c. 427, §2 (NEW)
.]
15. New recreational vehicle.
"New recreational vehicle" means a recreational vehicle that has not been previously
sold to any person except a distributor or wholesaler or recreational vehicle dealer
for resale.
[
1997, c. 427, §2 (NEW)
.]
16. Person.
"Person" means a natural person, corporation, partnership, trust or other entity.
In the case of an entity, "person" includes any other entity in which it has a majority
interest or effectively controls, as well as the individual officers, directors and
other persons in active control of the activities of each such entity.
[
1997, c. 427, §2 (NEW)
.]
16-A. Proprietary part.
"Proprietary part" means a part manufactured by or for the manufacturer and sold exclusively
by the manufacturer.
[
2009, c. 562, §10 (NEW)
.]
17. Recreational vehicle dealer.
"Recreational vehicle dealer" means any person who sells or solicits or advertises
the sale of new recreational vehicles. "Recreational vehicle dealer" does not include receivers, trustees, administrators, executors,
guardians or other persons appointed by or acting under judgment, decree or order
of any court or public officers while performing their duties as those officers.
[
RR 2009, c. 2, §16 (COR)
.]
18. Recreational vehicle.
[
2009, c. 562, §11 (RP)
.]
18-A. Recreational vehicle.
"Recreational vehicle" means a vehicle that is either self-propelled or towed by a
consumer-owned tow vehicle, is primarily designed to provide temporary living quarters
for recreational, camping or travel use, complies with all applicable federal vehicle
regulations and does not require special highway movement permits to legally use the
highways. "Recreational vehicle" includes motor homes, travel trailers, fifth-wheel
trailers and folding camping trailers.
[
2009, c. 562, §12 (NEW)
.]
19. Sale.
"Sale" means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation
or mortgage in any form, whether by transfer in trust or otherwise, of any recreational
vehicle or interest in a recreational vehicle or of any dealer agreement related to
a recreational vehicle and any option, subscription or other contract, or solicitation
looking to a sale, or any offer or attempt to sell in any form, whether spoken or
written. A gift or delivery of any recreational vehicle with or as a bonus on account
of the sale of anything is considered a sale of that recreational vehicle.
[
1997, c. 427, §2 (NEW)
.]
19-A. Supplier.
"Supplier" means a person, firm, corporation or business entity that engages in the
manufacture of recreational vehicle parts, accessories or components.
[
2009, c. 562, §13 (NEW)
.]
20. Trailer.
"Trailer" means a vehicle without motive power and mounted on wheels, designed to
carry persons or property and to be drawn by a motor vehicle and not operated on tracks.
[
1997, c. 427, §2 (NEW)
.]
20-A. Transient customer.
"Transient customer" means a customer who is temporarily traveling through an area
of sales responsibility.
[
2009, c. 562, §14 (NEW)
.]
21. Travel trailer.
"Travel trailer" means a vehicle mounted on wheels designed to provide temporary living quarters for recreational, camping or travel
use, of such size or weight as not to require special highway movement permits when
towed by a motor vehicle.
[
2009, c. 562, §15 (AMD)
.]
22. Truck camper.
"Truck camper" means a portable unit constructed to provide temporary living quarters
for recreational, travel or camping use, consisting of a roof, floor and sides, designed
to be loaded onto and unloaded from the bed of a truck.
[
1997, c. 427, §2 (NEW)
.]
23. Warrantor.
"Warrantor" means a person, firm, corporation or business entity, including a manufacturer
or supplier, that provides a written warranty to the customer in connection with a
new recreational vehicle or parts, accessories or components of a new recreational
vehicle. For purposes of this subsection, "written warranty" 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.
[
2009, c. 562, §16 (NEW)
.]
SECTION HISTORY
1997, c. 427, §2 (NEW).
RR 2009, c. 2, §§15, 16 (COR).
2009, c. 562, §§3-16 (AMD).
