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190A.010 Definitions for chapter.
As used in this chapter:
(1) "Area of sales responsibility," in relation to new recreational vehicle dealers,
means a geographical area agreed to by a new recreational vehicle dealer and
the manufacturer in a dealer agreement in which the dealer has the exclusive
right to display or sell the new recreational vehicles of a manufacturer of a
particular line-make to the public;
(2) "Dealer agreement" means a written agreement or contract entered into
between a new recreational vehicle manufacturer and a new recreational
vehicle dealer that fixes the rights and responsibilities of the parties and
pursuant to which the dealer has the exclusive right to sell specific line-makes
and models of the manufacturer's new recreational vehicles;
(3) "Established place of business" shall not include tents, temporary stands, lots,
or other temporary quarters but shall include the following:
(a) A paved or gravel lot for customer parking and for the showing and
storage of recreational vehicles;
(b) An indoor office with public areas sufficient to conduct sales transactions
with customers;
(c) Restroom facilities available to the public; and
(d) A service and parts area, separated from the public areas, equipped with
tools, equipment, and replacement parts necessary for reasonably
expected warranty and service needs;
(4) "Factory campaign" means an effort by a new recreational vehicle warrantor to
contact recreational vehicle owners or recreational vehicle dealers in order to
address an issue concerning a recreational vehicle problem, defective part, or
equipment;
(5) "Family member" means a spouse, child, grandchild, parent, sibling, niece, or
nephew, or the spouse thereof;
(6) "Fifth-wheel 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;
(7) "Folding camping trailer" means a recreational vehicle constructed with
partially collapsible side walls that fold for travel and unfold and extend in the
set-up mode, which is designed to be towed by a motorized vehicle;
(8) "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 based on the decor, features,
equipment, size, weight, and price range;
(c) Have dimensions and interior floor plans that distinguish the recreational
vehicles from recreational vehicles that have substantially the same
decor, features, equipment, weight, and price;
(d) Belong to a single, distinct classification of recreational vehicle product
type that has a substantial degree of commonality in the construction of
the chassis, frame, and body; and
(e) Are authorized for sale by the dealer in the dealer agreement;
(9) "Manufacturer" means any person, partnership, firm, association, corporation,
or trust, resident or nonresident, who manufactures or assembles new
recreational vehicles, or imports for distribution through distributors of new
recreational vehicles, or any partnership, firm, association, joint venture,
corporation, or trust, resident or nonresident, which is controlled by the
manufacturer. Additionally, the term "manufacturer" shall include the following
terms:
(a) "Distributor" means any person, firm, association, corporation, or trust,
resident or nonresident, who in whole or in part offers for sale, sells, or
distributes any new recreational vehicle to new recreational vehicle
dealers, or who maintains factory representatives, or who controls any
person, firm, association, corporation, or trust, resident or nonresident, or
who in whole or in part offers for sale, sells, or distributes any new
recreational vehicle to new recreational vehicle dealers;
(b) "Factory branch" means a branch office maintained by a manufacturer for
the purpose of selling, or offering for sale, new recreational vehicles to a
distributor, wholesaler, or new recreational vehicle dealer, or for directing
or supervising, in whole or in part, factory representatives, and shall
further include any sales promotion organization, whether it is a person,
firm, or corporation, which is engaged in promoting the sale of new
recreational vehicles in this state of a particular line-make to new
recreational vehicle dealers; and
(c) "Factory representative" means a representative employed by a
manufacturer, distributor, or factory branch for the purpose of making or
promoting the sale of new recreational vehicles, or for supervising or
contracting with dealers or prospective dealers;
(10) "Motor home" means a recreational vehicle built on a self-propelled motor
vehicle chassis that must contain at least four (4) of the following permanently
installed independent life support systems:
(a) A cooking facility with an onboard fuel source;
(b) A potable water supply system that includes at least a sink, a faucet, and
a 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 onboard power or fuel source
separate from the vehicle engine; or
(f) A 110-125 volt electric power supply;
(11) "New recreational vehicle" means a recreational vehicle that is in the
possession of the manufacturer, distributor, or wholesaler, or has been sold to
the holder of a valid dealer agreement, granted by the manufacturer, or
distributor for the sale of the line-make of new recreational vehicle, and on
which the original title has not been issued from the franchised dealer;
(12) "New recreational vehicle dealer" means a recreational vehicle dealer who
holds a valid dealer agreement, sales and service agreement, franchise, or
contract granted by the manufacturer for the sale of the manufacturer's new
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(14)
(15)
(16)
(17)
(18)
(19)
recreational vehicles;
"Proprietary part" means a recreational vehicle part manufactured by or for a
recreational vehicle manufacturer and sold exclusively by a recreational vehicle
manufacturer;
"Recreational vehicle" means a vehicle that:
(a) Is primarily designed as temporary living quarters for noncommercial
recreation or camping use;
(b) Has its own motive power or is towed by another vehicle;
(c) Is regulated by the National Highway Traffic Safety Administration as a
vehicle; and
(d) Does not require a special highway use permit;
The term "recreational vehicle" includes motor homes, travel trailers,
fifth-wheel trailers, and folding camping trailers;
"Recreational vehicle salesperson" means any person who, for gain or
compensation of any kind, either directly or indirectly, regularly or occasionally,
by any form of agreement or arrangement, sells or negotiates for the sale of
any new recreational vehicle for any new recreational vehicle dealer to any one
(1) or more third parties;
"Supplier" means any person, firm, corporation, or business entity that
engages in the manufacturing of recreational vehicle parts, accessories, or
components;
"Transient customer" means a person who is temporarily traveling through the
area of sales responsibility of a recreational vehicle dealer;
"Travel trailer" means a recreational vehicle designed to be towed by a
motorized vehicle; and
"Warrantor" means any person, firm, corporation, or business entity, including
any manufacturer or supplier, which provides a written warranty to the
consumer in connection with a new recreational vehicle or parts, accessories,
or components thereof. The term does not include a person that provides a
service contract, mechanical or other insurance, or an extended warranty sold
for separate consideration by a dealer or other person not controlled by a
warrantor.
Effective:January 1, 2015
History: Created 2014 Ky. Acts ch. 27, sec. 1, effective January 1, 2015.
Legislative Research Commission Note (1/1/2015). 2014 Ky. Acts ch. 27, sec. 26,
provides that that Act, which established KRS Chapter 190A and amended
various sections of KRS Chapter 190, may be cited as the Recreational Vehicle
Dealer Franchise Act of 2014.
Legislative Research Commission Note (1/1/2015). 2014 Ky. Acts ch. 27, sec. 27,
provides that that Act, which established KRS Chapter 190A and amended
various sections of KRS Chapter 190, applies to any recreational vehicle
manufacturer-dealer agreement entered into on or after the effective date of that
Act, which is January 1, 2015.
Legislative Research Commission Note (1/1/2015). The internal numbering of this
statute has been modified by the Reviser of Statutes from the way it appeared in
2014 Ky. Acts ch. 27, sec. 1, under the authority of KRS 7.136(1). The words in
the text were not changed.
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