ARKANSAS MOTOR VEHICLE COMMISSION ACT (30) (A) “Specialty vehicle” means a motor vehicle manufactured by a second-stage manufacturer by purchasing motor vehicle components, for example, frame and drive train, and completing the manufacture of finished motor vehicles for the purpose of resale, with the primary manufacturer warranty unimpaired, to a limited commercial market rather than the consuming public. (B) “Specialty vehicles” includes garbage trucks, ambulances, fire trucks, limousines, hearses, and other similar limited-purpose vehicles as the commission may by regulation provide; (31) “Temporary permit” means a license issued for one (1) week or less to a motor vehicle dealer who is licensed in another state for the purpose of displaying, offering to sell, selling, and soliciting the sales of motor vehicles at the time and place designated by the commission and only at an approved motor vehicle show in this state; (32) (A) “Ultimate purchaser” means, with respect to any new motor vehicle, the first person, other than a motor vehicle dealer purchasing in his or her capacity as a dealer, who in good faith purchases the new motor vehicle for purposes other than resale. (B) “Ultimate purchaser” shall not include a person who purchases a vehicle for purposes of altering or remanufacturing the motor vehicle for future resale; (33) (A) “Used motor vehicle” means a motor vehicle: (i) For which title has been sold, bargained, exchanged, given away, or transferred from the person or corporation who first took ownership from the manufacturer, distributor, dealer, or agents thereof; or (ii) So used as to have become what is commonly known as a “second hand motor vehicle” or a “previously owned motor vehicle”. (B) A new motor vehicle shall not be considered a used motor vehicle unless the motor vehicle has been: (i) Placed in actual operation; and (ii) Not held for resale by an owner that has: (a) Been granted a certificate of title; and (b) Registered the motor vehicle under the Uniform Motor Vehicle Administration, Certificate of Title, and Antitheft Act, § 27-14-101 et seq.; (34) “Used motor vehicle dealer” means any person, wholesaler, or auto auctioneer who, for a commission or with the intent to make a profit or gain of money or other thing of value: (A) Sells, exchanges, rents, or leases with the option to purchase or own, or attempts to negotiate a sale or exchange of an interest in any used motor vehicle; or (B) Is wholly or in part in the business of buying, selling, trading, or exchanging used motor vehicles, whether or not the used motor vehicles are owned by the person; (35) (A) “Wholesaler” means any person, resident or nonresident, not excluded by subdivision (21) of this section, who, in whole or in part, sells used motor vehicles to motor vehicle dealers or purchases used vehicles for the purpose of resale. (B) However, motor vehicle dealers who, incidental to their primary business, sell motor vehicles to other dealers are not considered wholesalers because of the incidental sales; (36) “Stop-sale order” or “do-not-drive order” means a notification issued by a manufacturer to the manufacturer’s franchised new motor vehicle dealers stating that certain used motor vehicles in inventory shall not be sold or leased, at either retail or wholesale prices, due to a: (A) Federal safety recall for a defect or noncompliance; or (B) Federal emissions recall. (37) “Digital Platforms “ means an online exchange of information, goods, and services between a dealer and a consumer that facilitate retail commercial interactions. History. Acts 1975, No. 388, § 3; 1985, No. 1032, § 1; 1985, No. 1058, § 1; A.S.A. 1947, § 75-2303; Acts 1987, No. 620, § 1; 1987, No. 645, §§ 1, 2; 1989, No. 65, §§ 1-3; 1989, No. 509, § 1; 1991, No. 411, § 3; 1991, No. 890, §§ 1-3; 1993, No. 383, § 5; 1997, No. 1154, §§ 3-7; 1999, No. 1042, § 1; 2001, No. 1053, § 1; 2003, No. 1098, §§ 1, 2; 2009, No. 756, §§ 1-5; 2011, No. 1005, §§ 1-3; 2013, No. 561, §§ 1, 2; 2013, No. 1043, §§ 1, 2; 2015, No. 1055, §§ 1, 2; 2015, No. 1164, § 7; 2019, No. 315, §2825; 2019, No. 924, §1; 2021, No. 504, §3; 2021, No. 1077, §§1-2. 23-112-104. Injunction. (a) The Arkansas Motor Vehicle Commission shall be entitled to seek an injunction upon affidavit in the circuit court for the county in which the Commission’s office is located to prevent any person, firm, partnership, association, corporation, or legal entity from violating any provision of this chapter or any rule promulgated by the Commission. (b) The Commission shall not be required to execute or give bond for costs, indemnity, or stay or to give security as a condition to the issuance of a restraining order or injunction, either temporary or permanent. History. Acts 1977, No. 838, § 1; A.S.A. 1947, § 75-2312; Acts 1997, No. 1154, § 8; 2019, No. 315, § 2826. 23-112-105. Civil Damages. (a) A licensee suffering pecuniary loss because of any willful failure by any other licensee to comply with this chapter, other than a new automobile or truck dealer’s failure to comply with § 23-112-301(d)(1)-(2) or with any rule promulgated by the Arkansas Motor Vehicle Commission under authority vested in it by this chapter, may recover reasonable damages and attorney’s fees therefore in any court of competent jurisdiction. (b) If a motor vehicle dealer prevails in an action against a manufacturer, distributor, second-stage manufacturer, importer, converter, manufacturer branch or division, or distributor branch or division under any provision of this chapter, the motor vehicle dealer shall also have a cause of action against the manufacturer, distributor, second-stage manufacturer, importer, converter, manufacturer branch or division, or distributor branch or division for attorney’s fees, if none have been awarded in an earlier administrative hearing. History. Acts 1975, No. 388, § 9; A.S.A. 1947, § 75-2309; Acts 1989, No. 678, § 3; 2011, No. 1005, § 4; 2019, No. 315, §2827. 23-112-106. Enforcement. (a) The Arkansas Motor Vehicle Commission may enter orders that direct and command compliance with this chapter and rules under this chapter if any of the following conditions have been met: (1) The Commission has conducted a hearing within sixty (60) days on the matter; (2) The Commission has made written findings that the public interest and welfare require the person or entity against whom the Commission is acting to take specified action; or (3) The Commission finds that the current civil or administrative penalties are insufficient. (b) The Commission may enforce its findings and conclusions upon entry of an order under subsection (a) of this section. History. Acts 2003 (2nd Ex. Sess.), No 62, § 1; 2019, No. 315, §2828. 23-112-107. Motor Vehicle Event Data Recorder — Data Ownership. (a) As used in this section: (1) “Authorized representative” means a person who is the attorneyin-fact for an owner or a person who has been appointed the administrator or personal representative of the estate of the owner; (2) “Motor vehicle event data recorder” means a factory-installed feature in a motor vehicle that does one (1) or more of the following: (A) Records, stores, transmits, or dispenses any of the following information for the purpose of retrieval after a crash: (i) Vehicle speed; (ii) Vehicle direction; (iii) Vehicle location; (iv) Steering performance; or (v) Seat belt restraint status; (B) Has the capacity to transmit information concerning a crash in which the motor vehicle has been involved to a central communications system when a crash occurs; or (C) Includes a sensing and diagnostic module, restraint control module, electronic throttle control, or other similar component; and (3) “Owner” means a person or entity: (A) In whose name a motor vehicle is registered or titled; (B) Who leases a motor vehicle for at least three (3) months; (C) Who is entitled to possession of the motor vehicle as the purchaser under a security agreement; or (D) Who is the authorized representative of the owner. (b) At the time of a new vehicle purchase by a consumer from a dealership, an owner of a motor vehicle shall be given written notice by the seller or manufacturer that includes the following: (1) The presence of the motor vehicle event data recorder in the motor vehicle; (2) The type of motor vehicle event data recorder in the motor vehicle; and Arkansas Automobile Dealers Association | 25
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