2016 Tennessee Code
Title 55 - Motor and Other Vehicles
Chapter 28 - Tennessee Recreation Vehicle Franchise Act of 2016 [Effective July 1, 2017]
§ 55-28-102. Chapter definitions. [Effective July 1, 2017.]

TN Code § 55-28-102 (2016) What's This?

As used in this chapter:

(1) "Area of sales responsibility" means the geographical area, agreed to by the dealer and the manufacturer in the manufacturer/dealer agreement, within which area the dealer has the exclusive right to display and sell the manufacturer's new recreational vehicles of a particular line-make to the retail public;

(2) "Dealer" means any person, firm, corporation, or business entity licensed or required to be licensed under this chapter or chapter 17, part 4 of this title;

(3) "Distributor" means any person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers;

(4) "Factory campaign" means an effort on the part of a warrantor to contact recreational vehicle owners or dealers in order to address a part or equipment issue;

(5) "Family member" means a spouse, child, grandchild, parent, sibling, niece, or nephew, or the spouse of such family member;

(6) "Fifth wheel trailer" means a vehicle, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use of such size and weight as to not require a special highway movement permit and designed to be towed by a motorized vehicle that contains a towing mechanism mounted above or forward of the tow vehicle's rear axle;

(7) "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 at the campsite to provide temporary living quarters for recreational, camping, or travel use;

(8) "Line-make" means a specific series of recreational vehicles 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 manufacturer/dealer agreement authorizes a dealer to sell;

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

(10) "Manufacturer/dealer agreement" means a written agreement or contract entered into between a manufacturer and a dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles;

(11) "Motor home" means a motorized vehicle designed to provide temporary living quarters for recreational, camping, or travel use. The vehicle must contain at least four (4) of the following permanently installed independent life support systems which meet the National Fire Protection Association Standard for Recreational Vehicles:

(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 system separate from the vehicle engine;

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

(13) "Recreational vehicle":

(A) Means a vehicle which is either self-propelled or towed by a consumer-owned tow vehicle, and designed to provide temporary living quarters for recreational, camping, or travel use that complies with all applicable federal vehicle regulations and does not require a special-movement permit to legally use the highways; and

(B) Includes the following basic products:

(i) Motor home;

(ii) Travel trailer;

(iii) Fifth wheel travel trailer; and

(iv) Folding camping trailer;

(14) "Supplier" means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components;

(15) "Transient customer" means a customer who is temporarily traveling through a dealer's area of sales responsibility;

(16) "Travel trailer" means a vehicle, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use of such size and weight as to not require a special highway movement permit when towed by a motorized vehicle; and

(17) "Warrantor":

(A) Means any person, firm, corporation, or business entity, including a manufacturer or supplier, that provides a written warranty to a consumer in connection with a new recreational vehicle or a part, accessory, or component of such vehicle; and

(B) 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.

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