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§47-562.


§47-562.
   
   The following words, terms and phrases, when used in Sections 561
   through 567, 572, 578, 579, and 579.1 of this title, shall have the
   meanings respectively ascribed to them in this section, except where
   the context clearly indicates a different meaning:
   
   1. "Motor vehicle" means any motor-driven vehicle required to be
   registered under the "Motor Vehicle License and Registration Act";
   
   2. "New motor vehicle dealer" means any person, firm, association,
   corporation or trust not excluded by paragraph 3 of this section who
   sells, offers for sale, advertises to sell, leases or displays new or
   unused motor vehicles and holds a bona fide contract or franchise in
   effect with a manufacturer or distributor authorized by the
   manufacturer to make predelivery preparation of such vehicles sold to
   purchasers and to perform post-sale work pursuant to the
   manufacturer's or distributor's warranty. As used herein, "authorized
   predelivery preparation" means the rendition by the dealer of services
   and safety adjustments on each new and unused motor vehicle in
   accordance with the procedure and safety standards required by the
   manufacturer of the vehicle to be made before its delivery to the
   purchaser. "Performance of authorized post-sale work pursuant to the
   warranty", as used herein, means the rendition of services which are
   required by the terms of the warranty that stands extended to the
   vehicle at the time of its sale and are to be made in accordance with
   the safety standards prescribed by the manufacturer. The term includes
   premises or facilities at which a person engages only in the repair of
   motor vehicles if repairs are performed pursuant to the terms of a
   franchise and motor vehicle manufacturer's warranty. However, the term
   shall not include premises or facilities at which a new motor vehicle
   dealer or dealers within the area of responsibility of such dealer or
   dealers as defined in the manufacturer's franchise agreement of such
   dealer or dealers performs motor vehicle repairs pursuant to the terms
   of a franchise and motor vehicle manufacturer's warranty. For the
   purpose of Sections 561 through 567, 572, 578, 579, and 579.1 of this
   title, the terms "new motor vehicle dealer" and "new motor vehicle
   dealership" shall be synonymous;
   
   3. The term "new motor vehicle dealer" does not include:
   
   a. receivers, trustees, administrators, executors, guardians or other
   persons appointed by or acting under judgment or order of any court,
   
   b. public officers while performing or in operation of their duties,
   or
   
   c. employees of persons, corporations or associations enumerated in
   subparagraph a of this paragraph when engaged in the specific
   performance of their duties as such employees;
   
   4. "Motor 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 or unused motor vehicle for any new
   or unused motor vehicle dealer to any one or more third parties;
   
   5. "Commission" means the Oklahoma Motor Vehicle Commission;
   
   6. "Manufacturer" means any person, firm, association, corporation or
   trust, resident or nonresident, who manufactures or assembles new and
   unused motor vehicles or who engages in the fabrication or assembly of
   motorized vehicles of a type required to be registered in the State of
   Oklahoma;
   
   7. "Distributor" means any person, firm, association, corporation or
   trust, resident or nonresident, who, being authorized by the original
   manufacturer, in whole or in part sells or distributes new and unused
   motor vehicles to motor vehicle dealers, or who maintains distributor
   representatives;
   
   8. "Factory branch" means any branch office maintained by a person,
   firm, association, corporation or trust who manufactures or assembles
   motor vehicles for the sale of motor vehicles to distributors, or for
   the sale of motor vehicles to motor vehicle dealers, or for directing
   or supervising, in whole or in part, its representatives;
   
   9. "Distributor branch" means any branch office similarly maintained
   by a distributor for the same purposes a factory branch is maintained;
   
   10. "Factory representative" means any officer or agent engaged as a
   representative of a manufacturer of motor vehicles or by a factory
   branch, for the purpose of making or promoting the sale of its motor
   vehicles, or for supervising or contacting its dealers or prospective
   dealers;
   
   11. "Distributor representative" means any person, firm, association,
   corporation or trust and each officer and employee thereof engaged as
   a representative of a distributor or distributor branch of motor
   vehicles, for the purpose of making or promoting the sale of its motor
   vehicles, or for supervising or contacting its dealers or prospective
   dealers;
   
   12. "Franchise" means any contract or agreement between a motor
   vehicle dealer and a manufacturer of a new motor vehicle or its
   distributor or factory branch by which the dealer is authorized to
   engage in the business of selling any specified make or makes of new
   motor vehicles;
   
   13. "New or unused motor vehicle" means a vehicle which is in the
   possession of the manufacturer or distributor or has been sold only to
   the holder of a valid selling agreement, franchise or contract,
   granted by the manufacturer or distributor for the sale of said make
   of new vehicle so long as the manufacturer's statement of origin has
   not been assigned to anyone other than a licensed franchised new motor
   vehicle dealer of the same line-make;
   
   14. "Area of responsibility" means the geographical area, as
   designated by the manufacturer, factory branch, factory
   representative, distributor, distributor branch or distributor
   representative, in which the new motor vehicle dealer is held
   responsible for the promotion and development of sales and rendering
   of service for the make of motor vehicle for which the motor vehicle
   dealer holds a franchise or selling agreement;
   
   15. "Off premise" means at a location other than the address
   designated on the new motor vehicle dealer's license; and
   
   16. "Sponsoring entity" means any person, firm, association,
   corporation or trust which has control, either permanently or
   temporarily, over the real property upon which the off-premise sale or
   display is conducted.
   

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