Okla. Stat. tit. 47 § 596.1

Current through Laws 2024, c. 453.

Section 596.1 - Definitions

As used in the Recreational Vehicle Franchise Act:

1. "Area of sales responsibility" means a geographical area agreed to by a 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. "Camping trailer" means a vehicular unit that is 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. "Commission" means the Oklahoma New Motor Vehicle Commission;

4. "Dealer" means any person, firm, corporation, or business entity licensed or required to be licensed pursuant to the provisions of the Recreational Vehicle Franchise Act to sell new recreational vehicles;

5. "Dealer agreement" means a written agreement or contract entered into between a manufacturer and a dealer that establishes the legal rights and obligations of the parties to that agreement or contract and pursuant to which the dealer is authorized to sell new recreational vehicles manufactured or distributed by the manufacturer;

6. "Established place of business" means a permanently enclosed building or structure, easily accessible to the public, with a paved or graveled lot for customer parking and for the showing and storage of vehicles. Established place of business shall not mean tents, temporary stands, lots, or other temporary quarters. The established place of business shall have a sign visible from the outside of the business which identifies the recreational vehicle dealership. The established place of business shall have an indoor office with public areas sufficient to conduct sales transactions with customers and have restroom facilities available for the public. The established place of business shall include 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;

7. "Factory campaign" means an effort by a 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;

8. "Factory representative" means any officer or agent engaged as a representative of a manufacturer of recreational vehicles or a factory branch for the purpose of making or promoting the sale of recreational vehicles of the manufacturer or for supervising or contacting dealers or prospective dealers of the manufacturer;

9. "Family member" means any of the following:

a. a spouse of an individual,

b. a child, grandchild, parent, sibling, niece, or nephew of an individual, or

c. the spouse of a child, grandchild, parent, sibling, niece, or nephew of an individual;

10. "Fifth wheel trailer" means a vehicular unit mounted on wheels that is 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 is designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the rear axle of the tow vehicle;

11. "Line-make" means a specific series of recreational vehicle products that meet all of the following:

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;

12. "Manufacturer" means a person that manufactures or wholesales recreational vehicles or that distributes or wholesales recreational vehicles to dealers;

13. "Motor home" means a motorized, vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use;

14. "Person" means an individual, partnership, corporation, limited liability company, association, trust, estate, or other legal entity;

15. "Proprietary part" means a recreational vehicle part manufactured by or for a manufacturer and sold exclusively by a manufacturer;

16. "Recreational vehicle" means a vehicle that:

a. is primarily designed as a vehicle that also provides temporary living quarters for noncommercial, recreational, or camping use,

b. is built to the standards of the National Fire Protection Association for recreational vehicles,

c. has its own motive power or is mounted on or towed by another vehicle,

d. is regulated by the National Highway Traffic Safety Administration as a vehicle or vehicle equipment,

e. does not require a special highway use permit for operation on the highways, and

f. an individual can easily transport and set up on a daily basis.

Recreational vehicles include motor homes, travel trailers, fifth wheel travel trailers, folding camping trailers, and truck campers;

17. "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 or more third parties;

18. "Transient customer" means a person who:

a. owns a recreational vehicle,

b. is temporarily traveling through the area of sales responsibility of a dealer,

c. engages the dealer to perform service work on that recreational vehicle, and

d. requires repairs that relate to the safe operations of that recreational vehicle or, if not undertaken, are of a nature that would render that recreational vehicle unusable;

19. "Travel trailer" means a vehicular unit mounted on wheels that is 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;

20. "Truck camper" means a portable unit that is constructed to provide temporary living quarters for recreational, camping, or travel use and consists of a roof, floor, and sides and is designed to be loaded onto and unloaded from the back of a pickup truck; and

21. "Warrantor" means a manufacturer or any other person that provides a warranty to the consumer in connection with a new recreational vehicle or parts, accessories, or components of a new recreational vehicle. 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.

Okla. Stat. tit. 47, § 596.1

Amended by Laws 2023 , c. 29, s. 21, eff. 11/1/2023.

Added by Laws 2011 , SB 902, c. 272, § 3, eff. 1/1/2012.