190A.010 Definitions for chapter.
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/ky/chapter-190a/190a-010A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 recreational vehicles;
(13)"Proprietary part" means a recreational vehicle part manufactured by or for a
recreational vehicle manufacturer and sold exclusively by a recreational vehicle
manufacturer;
(14)"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;
(15)"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;
(16)"Supplier" means any person, firm, corporation, or business entity that engages in
the manufacturing of recreational vehicle parts, accessories, or components;
(17)"Transient customer" means a person who is temporarily traveling through the area
of sales responsibility of a recreational vehicle dealer;
(18)"Travel trailer" means a recreational vehicle designed to be towed by a motorized
vehicle; and
(19)"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.