2011 Missouri Revised Statutes
TITLE XXVI TRADE AND COMMERCE
Chapter 407 Merchandising Practices
Section 407.1320. Definitions.


MO Rev Stat § 407.1320. What's This?

Definitions.

407.1320. As used in sections 407.1320 to 407.1346, the following terms shall mean:

(1) "Area of sales responsibility", the geographical area agreed to by the dealer and manufacturer in the RV manufacturer/dealer agreement in which the dealer has the exclusive right to sell those vehicles identified in the dealer agreement;

(2) "Camping trailer", a vehicle mounted on wheels and 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;

(3) "Dealer", any person, firm, corporation or business entity that engages in selling new recreation vehicles pursuant to a signed RV manufacturer/dealer agreement with a manufacturer and is licensed to conduct business in this state;

(4) "Distributor", any person, firm, corporation or business entity that purchases new RVs for resale to RV dealers;

(5) "Factory campaign", an effort on the part of a warrantor to contact recreation vehicle owners and/or dealers in order to address a part and/or equipment issues;

(6) "Family member", a spouse, child, grandchild, parent, sibling, niece, nephew and spouse of any of the above;

(7) "Fifth-wheel trailer", a vehicle, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as to not require a special highway movement permit, of gross trailer area not to exceed four hundred square feet (37.2m2) in the set-up mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle;

(8) "Good cause", for purposes of determining whether there is good cause for a proposed action, the following factors shall be considered:

(a) The extent of the affected dealer's penetration in the relevant market area;

(b) The nature and extent of the dealer's investment in its business;

(c) The adequacy of the dealer's service facilities, equipment, parts, supplies, and personnel;

(d) The effect of the proposed action on the community;

(e) The extent and quality of the dealer's service under RV warranties; and

(f) The dealer's performance under the terms of its RV dealer agreement;

(9) "Line-make", a group of recreation vehicles that have all of the following characteristics:

(a) They are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the manufacturer or distributor of those recreation vehicles; and

(b) They are targeted to a particular market segment, as determined by their decor, features, equipment, weight, size and price range; and

(c) They are all of a single, distinct classification of recreation vehicle product type having a substantial degree of commonality in construction of chassis, frame, and body; and

(d) They are all of the same model that is distinguishable by length and interior floor plan from other recreation vehicles within the same product type, notwithstanding the fact that the model may share some or most of the same decor, features, equipment, weight, and price range; and

(e) The dealer is specifically authorized to sell as new that particular line-make and model of recreation vehicle under the terms of the dealer's existing agreement with the manufacturer or distributor of that recreation vehicle;

(10) "Manufacturer", any person, firm, corporation or business entity that engages in the manufacturing of recreation vehicles;

(11) "Motor home", a vehicle which is designed to provide temporary living quarters and which:

(a) Is built onto as an integral part of, or permanently attached to, a motor vehicle chassis; and

(b) Contains at least four of the following independent life systems if each is permanently installed and designed to be removed only for purposes of repair or replacement and meets the American National Standards Institute standards for recreation vehicles:

a. A cooking facility with an onboard fuel source;

b. A gas or electric refrigerator;

c. A toilet with exterior evacuation;

d. A heating or air conditioning system with an onboard power or fuel source separate from the vehicle engine;

e. A potable water supply system that includes at least a sink, a faucet, a water tank with an exterior service supply connection;

f. A 110-125 volt electric power supply;

(c) The three basic types of motor homes are specified as follows:

a. Type A: a raw chassis upon which is built a driver's compartment and an entire body which provides temporary living quarters as defined above;

b. Type B: a completed van-type vehicle which has been altered to provide temporary living quarters as defined above;

c. Type C: an incomplete vehicle, upon which is permanently attached a body designed to provide temporary living quarters as defined above;

(12) "Proprietary part", any part manufactured by or for and sold exclusively by the manufacturer;

(13) "Recreation vehicle", a vehicle primarily designed as temporary living quarters for recreational, camping, travel or seasonal use that either has its own motive power or is mounted on, or towed by, another vehicle. The product types are: travel trailer, fifth-wheel trailer, camping trailer, truck camper and motor home;

(14) "Transient customer", customers who are temporarily traveling through a dealer's area of sales responsibility;

(15) "Travel trailer", a vehicle, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use, of such size or weight as to not require a special highway movement permit when towed by a motorized vehicle, and of gross trailer area not to exceed three hundred twenty square feet (29.7m2);

(16) "Truck camper", 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 pickup truck;

(17) "Warrantor", any person, firm, corporation or business entity that gives a warranty in connection with a new recreation vehicle or parts, accessories or components thereof. Such term 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.

(L. 2001 H.B. 575)

Effective 8-01-02

Annotation Copyright Missouri Joint Committee on Legislative Research

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