RULES OF THE ARKANSAS MOTOR VEHICLE COMMISSION (a) A list of all new motor vehicle dealers and/or their AMVC licensed branches to whom invitations have been extended, with the address, telephone and the name of the contact person. (b) A statement signed by the Sponsor assuring that adequate space will be made available for all invited new motor vehicle dealers and/or the AMVC licensed branches. (c) A sample notice, invitation or registration form. (d) Two (2) tickets to the off-premise sale, if there is an admission fee. (e) If approval is obtained a copy of the approved form from the Commission must be forwarded to each participant. (3) Each off-premise sale of used motor vehicles conducted by a new motor vehicle dealer or an AMVC licensed branch, must be advertised under that specific new motor vehicle dealer’s corporate name, the dba name reflected on the AMVC license or the AMVC licensed branch name reflected on the AMVC license, and all documents utilized in the sale of a used motor vehicle must be recognizable to the prospective purchaser as to specific dealer origin. 4. CONDUCTING OFF-PREMISE SALES, DISPLAYS AND/OR EVENTS: A. The Sponsor must conduct the off-premise sale of new and/ or used motor vehicles in compliance with the Arkansas Motor Vehicle Commission ACT, the Rules of the Arkansas Motor Vehicle Commission and all other applicable laws of the State of Arkansas. B. Off-Premise Sales may not be conducted for more than seven (7) days. C. A dealer may not utilize Franchised Logo’s of a product line for which the dealer is not licensed by the Arkansas Motor Vehicle Commission. D. Franchised logos or trademarks shall not be used at Off-Premise Sales that are confined to used vehicles. 5. PARTICIPATION BY QUALIFIED DEALERS: A. Qualified dealers may be invited to participate in an Off-Premise Sale provided that: (1) The sponsor obtains written approval from the Executive Director, (2) A reciprocity agreement has been executed between the State of Arkansas and the state in which the contiguous county is located and such agreement is on file in the Arkansas Motor Vehicle Commission office, and (3) Qualified dealers must adhere to all requirements of Rule 7 Off‑Premise Sales, Displays and Events. B. B. Any qualified out-of-state dealer shall submit: (1) An application provided by the Commission office; (2) Meet all requirements of Rule 7, Section 2, Paragraph N; (3) A fee for a temporary permit must be paid: (i) For an out-of-state motor vehicle dealer, one hundred dollars ($100); (ii) For a manufacturer or distributor, two hundred fifty dollars ($250); and (iii) For a factory representative or distributor representative, fifty dollars ($50.00) 6. INVITING QUALIFIED DEALERS FROM CONTIGUOUS COUNTIES SPECIFIC INDUSTRY GUIDELINES: A. AUTOMOBILE/TRUCK: (1) If there are no automobile or truck dealers in the host county, all qualified dealers in contiguous counties must be invited to participate. (2) If there is even one automobile or truck dealer in the host county, no dealers from outside the host county may be invited to participate. Examples: 1. There are no automobile or truck dealers in the host county. All qualified dealers in contiguous counties shall be invited to participate. 2. There is only one dealer, a GMC Truck dealer, in the host county. No dealers from contiguous counties may be invited to participate. B. ALL TERRAIN VEHICLE, MOTORCYCLE, SCOOTER, ETC.: (1) Dealers from contiguous counties may be invited to participate in an Off-Premise Sale provided: (a) There is no local dealer selling the manufacturer’s product line sold by the dealer in the contiguous county. (2) If a sponsor invites any qualified dealers located in contiguous counties, sponsor shall invite all qualified dealers located in contiguous counties, except those who are not eligible to participate because a local dealer sells the same manufacturers product line. Examples: 1. There are three dealers in the host county, Honda, Suzuki and Polaris. There is no Yamaha dealer, Yamaha dealers from contiguous counties may be invited to participate in the sale. Qualified dealers in contiguous counties selling all other manufacturers’ product lines, except the lines sold by the three local dealers, may also be invited to attend. 2. There are only two dealers in the host county. They sell Yamaha and Suzuki motorcycles. The Yamaha dealer participates in the sale, and the Suzuki dealer does not. No Yamaha or Suzuki dealer in a contiguous county may be invited to participate in the sale. 3. Sponsor may choose to limit the sale to certain types or a combination of types of vehicles. C. RECREATIONAL VEHICLE: (1) If there are no local dealers who sell a certain manufacturer’s model line products, qualified dealers in contiguous counties who sell that manufacturer’s model line products may be invited to attend. (2) If a sponsor invites any qualified dealers located in contiguous counties, sponsor shall invite all qualified dealers located in contiguous counties, except those who are not eligible to participate because a local dealer sells the same manufacturer’s model line product. (3) A statewide show may be held if the following conditions are met: (a) The sponsor must obtain signed favorable sanction from a majority of licensed RV dealers in the state. (b) Manufacturer model lines represented in the host county may not be sold or displayed without prior written approval from the host county dealer(s). Examples: 1. There is a Fleetwood dealer in the host county who has a franchise agreement and license for Southwind and Pace Arrow model lines. No Fleetwood dealers from contiguous counties with the same model lines may be invited to participate in the sale, whether the local Fleetwood dealer participates or not. 2. There are Fleetwood and Thor dealers in the host county. The Thor dealer participates in the sale, and the Fleetwood dealer does not. No Fleetwood or Thor dealer in a contiguous county may be invited to participate in the sale with the same model line as host county dealer, unless written approval is received from the host county dealer. 7. DISPLAYS: Dealers may display new motor vehicles at locations other than that for which a license is held, provided: A. Commission approval has been granted, and B. Display Request Form is on file at the Commission office, and C. Dealer personnel shall not be present, and D. Sales and solicitations are prohibited, and E. Displays are within dealer’s relevant market area as defined in franchise agreement or sales and service agreement on file in the Commission office or as defined by A.C.A.§ 23-112- 103 et seq., whichever is greater, and F. Vehicles are the line-make or model line for which license is held. 8. EXCEPTIONS FOR NEW AUTOMOBILES AND TRUCK SALES AND/OR DISPLAYS, AND USED VEHICLE SALES A. NEW & USED VEHICLE DISPLAYS: A new motor vehicle dealer licensed by the Commission may display not more than five (5) new vehicles per franchise held without obtaining prior written approval from the Commission as long as the display is at a public venue and within the licensed dealer’s relevant market area and no sales or management personnel present, nor sales solicitations made. B. USED VEHICLE SALES: A new motor vehicle dealer licensed by the Commission may conduct off-premise sales of used motor vehicles, without obtaining prior written approval from the Commission as long as the sale location is at a public venue within the geographical limits of the licensed dealer’s relevant market area and no new vehicles are displayed or offered for sale. C. SPONSORED SALES of new or used automobiles or trucks by a regional dealer association representing no more than two contiguous counties may request a variance from the Commission to allow dealers from outside the host county to be invited and participate in the off-premise sale and/or event. Any dealer in the host county has the right to enforce its franchise agreement and refuse to allow a 50 | 2024 Membership Directory and Buyer’s Guide
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