Arkansas Code Annotated §23-112-101 et seq. ARKANSAS MOTOR VEHICLE COMMISSION ACT CHAPTER 112 MOTOR VEHICLE MANUFACTURERS, DEALERS, ETC. SUBCHAPTERS. 1. GENERAL PROVISIONS. 2. MOTOR VEHICLE COMMISSION. 3. LICENSE AND RULE. 4. UNLAWFUL PRACTICES. 5. HEARINGS AND APPEALS. 6. USED MOTOR VEHICLE BUYERS PROTECTION. 7. DAMAGE TO MOTOR VEHICLES WHILE IN TRANSIT. Every effort has been made to make this Annotated combination of past and current laws as accurate as possible. The Arkansas Motor Vehicle Commission is not responsible for changes accidentally or willfully made to this document by third parties. For a complete history and the Official Acts visit the State of Arkansas web page amvc.arkansas.gov. SUBCHAPTER 1. GENERAL PROVISIONS. SECTIONS. 23-112-101. Title. 23-112-102. Legislative Findings – Purpose. 23-112-103. Definitions. 23-112-104. Injunction. 23-112-105. Civil Damages. 23-112-106. Enforcement. 23-112-107. Motor Vehicle Event Data Recorder – Data Ownership. 23-112-101. Title. This chapter shall be known and may be cited as the “Arkansas Motor Vehicle Commission Act”. History. Acts 1975, No. 388, §1; A.S.A. 1947, §75-2301. 23-112-102. Legislative findings – Purpose. (a) The General Assembly finds and declares that the distribution and sale of motor vehicles in Arkansas vitally affects the general economy of the state and the public interest and the public welfare. (b) The General Assembly further finds and declares that it is necessary, in the exercise of its police power, to regulate and to license motor vehicle manufacturers, factory branches and divisions, distributors, distributor branches and divisions, distributor representatives, new motor vehicle dealers, and salespersons doing business in Arkansas in order to: (1) Prevent frauds, unfair practices, discrimination, impositions, and other abuses upon the citizens of Arkansas; (2) Avoid undue control of the independent motor vehicle dealer by motor vehicle manufacturing and distributing organizations; (3) Foster and keep alive vigorous and healthy competition; (4) Prevent the creation or perpetuation of monopolies; (5) Prevent the practice of requiring the buying of special features, accessories, special models, appliances, and equipment not desired by a motor vehicle dealer or the ultimate purchaser; (6) Prevent false and misleading advertising; (7) Promote and keep alive a sound system of distribution of motor vehicles to the public; and (8) Promote the public safety and welfare. History. Acts 1975, No. 388, §2 A.S.A. 1947, §75-2302; Acts 1995, No. 568, §1. 23-112-103. Definitions. As used in this chapter: (1) “Advertisement” means an oral, written, telecommunicated, graphic, pictorial or other statement made in the course of soliciting business, including without limitation, a statement or representation made in a newspaper, magazine, Internet, or other publication or contained in a notice, sign, poster, display, circular, pamphlet, letter, or flyer, or made via radio, television, or any other medium; (2) “All-terrain vehicle” means a motor vehicle that: (A) Is an off-highway vehicle: (i) Fifty inches (50”) or less in width, having a dry weight of nine hundred pounds (900 lbs.) or less, and traveling on three (3) or more low pressure tires, with a seat designed to be straddled by the operator, a Class 1 all- terrain vehicle; or (ii) With a width that exceeds forty-five inches (45”) or having a dry weight that exceeds six hundred pounds (600 lbs.), traveling on four (4) or more low-profile, low-pressure tires, and having a bench seat, or one (1) or more bucket seats, a Class 2 all-terrain vehicle; (B) Has a seat for the operator and any passenger and handlebars or other steering mechanism for control; and (C) Is used for any purpose, including, but not limited to, off-road, amphibious, or recreational travel; (3) “Auto auction” means: (A) Any person who operates or provides a place of business or facilities for the wholesale exchange of motor vehicles by and between duly licensed motor vehicle dealers; (B) Any motor vehicle dealer licensed to sell used motor vehicles, selling motor vehicles using an auction format but not on consignment; and (C) Any person who provides the facilities for or is in the business of selling motor vehicles in an auction format; (4) “Branch Location” means a secondary location: (A) Identified in a license issued by the Arkansas Motor Vehicle Commission to a motor vehicle dealer; and (B) Which is an established place of business other than the licensed location; (5) “Broker” means a person who for any valuable consideration, whether received directly or indirectly, arranges or offers to arrange a transaction involving the sale, for purposes other than resale, of a new motor vehicle, and who is not: (A) A dealer or bona fide employee of a new motor vehicle dealer when acting on behalf of a new motor vehicle dealer; (B) A representative or bona fide employee of a manufacturer, factory branch, or factory representative when acting on behalf of a manufacturer, factory branch, or factory representative; (C) A representative or bona fide employee of a distributor or distributor branch when acting on behalf of a distributor or distributor branch; or (D) At any point in the transaction, the bona fide owner of the vehicle involved in the transaction; (6) (A) “Coerce” means compelling or attempting to compel by threatening, retaliating, using economic force, or by not performing or complying with: (i) Any terms or provisions of the franchise or sales and service agreement; (ii) The terms of this chapter; or (iii) The rules promulgated by the Arkansas Motor Vehicle Commission. (B) “Coerce” does not mean recommending, exposing, persuading, urging, or arguing; (7) “Commission” means the Arkansas Motor Vehicle Commission created by this chapter; (8) “Conversion” means a motor vehicle other than an exempted specialty vehicle that is substantially modified by a person, firm, Arkansas Automobile Dealers Association | 23
RkJQdWJsaXNoZXIy ODQxMjUw