RULES OF THE ARKANSAS MOTOR VEHICLE COMMISSION (12) Motorized Skateboards. (13) Segways and personal transportation vehicles designed solely for the purpose of transport of mobility impaired individuals. B. All models and/or types of vehicles are subject to individual review by the Commission to determine whether or not they qualify under the “Specialty Vehicle” exemptions of this Rule. C. (1) Any person(s) possessing new motor vehicles removed from “Specialty Vehicle” status by an amendment to this Rule, and whose vehicles were exempted from licensure (90) days prior to the amendment shall, without penalty, have (30) days after the effective date of the amendment to: (a) Obtain a license as a new motor vehicle dealer pursuant to A.C.A.§23-112-302, or (b) Dispose of all affected new motor vehicles. RULE 6 LICENSING DEALER LEASING ACTIVITIES 1. A new motor vehicle dealer conducting a leasing business at a location licensed for the sale of new motor vehicles and as a part of the same business entity, whether a proprietorship, partnership, corporation or any other entity, shall not be required to obtain a motor vehicle lessor’s license. 2. A leasing business conducted as part of a separate business entity or at an unlicensed location shall be separately licensed as a motor vehicle lessor. 3. Motor vehicle lessors licensed by this Commission shall lease vehicles from licensed locations. RULE 7 OFF-PREMISE SALES, DISPLAYS AND/OR EVENTS (REQUEST FORMS ARE AVAILABLE AT THE COMMISSION OFFICE OR AT WWW.AMVC.ARKANSAS.GOV) 1. OFF-PREMISE SALES, DISPLAYS AND/OR EVENTS: A. Are strictly prohibited except as provided in this rule. B. Are permitted after prior written approval is obtained from the Arkansas Motor Vehicle Commission. C. May include used motor vehicles owned by new motor vehicle dealers. D. A dealer shall obtain an off-premise permit to offer, and/or sell motor vehicles away from the dealer’s licensed place of business. E. Shall be considered a privilege and should not be abused. F. Sponsor(s) of an Off-Premise Sale, Display and/or a Manufacturer or Distributor event who violate any portion of this rule shall be subject to all remedies available pursuant to A.C.A. §23-112-101 et. seq. and the rules promulgated thereunder. G. Off-Premise Sales are limited one per quarter. 2. DEFINITIONS USED IN THIS RULE: A. “AMVC” means the Arkansas Motor Vehicle Commission. B. “Contiguous” means counties bordering or sharing a common border with the host county. C. “Dealer” means a new motor vehicle dealer licensed by the Arkansas Motor Vehicle Commission. D. “Dealer Organization” or “Association” means a state or local trade association, the membership of which is comprised predominantly of motor vehicle dealers. E. “Display” means vehicles are present. Dealer personnel, sales and solicitations are prohibited. F. “Event” means a show to display vehicles for the general public to review and inspect a manufacturer’s or distributor’s new motor vehicles. G. “Host County” means the county in which the Off-Premise Sale is conducted. H. “Line-make” is a particular make of vehicles for which a franchise or contract is held and offered for sale. Examples: Chevrolet, Harley Davidson, Honda ATV or Fleetwood. I. “Local dealer” means a new motor vehicle dealer whose established place of business at which he is licensed by the Arkansas Motor Vehicle Commission is physically located in the host county. J. “Manufacturer or Distributor Event” means an event conducted by a Manufacturer or Distributor at a public venue, for attracting potential Dealers and/or Consumers to its product line. K. “Model Line” is a particular model of vehicle within a “Line-make.” Examples: Fleetwood is the Line-make and Model lines are Pace Arrow, Pace Vision, and Southwind. Chevrolet is the Line-make and Model lines are Silverado, Corvette and Suburban. L. “Off-Premise Sale” means a motor vehicle show in which personnel are present and sales are permitted. M. “Public Venue” means when used in conjunction with “Off-Premises Sale” or “Off-Premises Display” a location, which is open to the general public whether or not an admission fee is charged and which is not a new motor vehicle dealership licensed by the AMVC or a used motor vehicle lot licensed by the Arkansas State Police. N. “Qualified dealer” means a new motor vehicle dealer from a contiguous county who has both a franchise agreement or other contract from a manufacturer or distributor and a license or temporary permit from the Arkansas Motor Vehicle Commission to sell any product line-makes in, the host county that he makes available for sale at an Off-Premise Sale. O. “Qualified Manufacturer or Distributor” means a Manufacturer or Distributor licensed by the Commission for the product line they wish to promote. P. “Reciprocity Agreement” is an agreement between the State of Arkansas and another state allowing out-of-state dealers to participate in off-premise sales in Arkansas and allowing Arkansas dealers to participate in off-premise sales in that state. Q. “Sponsor” means the entity conducting the Off-Premise Sale, such as promoter, private business, trade association or dealer association to promote member products or a manufacturer or distributor. R. “Sufficient representation” means a sufficient number of dealers selling all line-makes and manufacturers, whether or not those dealers participate in the Off-Premise Sale. S. “Temporary Permit” is a permit or license issued by the Arkansas Motor Vehicle Commission allowing an out-of-state dealer to participate in an approved Off-Premise Sale for a period not to exceed seven (7) consecutive days. 3. OBTAINING APPROVAL TO CONDUCT OFF-PREMISE SALES: A. In order to obtain approval to sponsor an off-premise sale for new motor vehicle dealers, a sponsor must: (1) Invite all local new motor vehicle dealers to participate in the Off-Premise Sale. (2) Submit the request to conduct an Off-Premise Sale for approval to the Arkansas Motor Vehicle Commission on the form provided by the AMVC office at least forty-five (45) days prior to opening day of the Off-Premise Sale. The forty-five (45) day requirement may be waived by the Executive Director for good cause shown. Attached to the request form shall be: (a) A list of all dealers to whom invitations have been extended, with the address, telephone and the name of the contact person. (b) A list of all line-makes to be offered at the OffPremise Sale. (c) A statement signed by the Sponsor assuring that adequate space will be made available for all invited dealers. (d) A sample notice, invitation or registration form. (e) Two (2) tickets to the off-premise sale, if there is an admission fee. (f) If approval is obtained a copy of the approved form from the Commission must be forwarded to each participant. B. In order to obtain approval to sponsor an off-premise sale for used motor vehicles of new motor vehicle dealers or AMVC licensed branches, a sponsor must: (1) Invite all local new motor vehicle dealers or their AMVC licensed branches to participate in the Off-Premise Sale. (2) Submit the request to conduct an Off-Premise Sale for approval to the Arkansas Motor Vehicle Commission on the form provided by the AMVC office at least forty-five (45) days prior to opening day of the Off-Premise Sale. The forty-five (45) day requirement may be waived by the Executive Director for good cause shown. Attached to the request form shall be: Arkansas Automobile Dealers Association | 49
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