Section 45.25.990. Definitions.

In this chapter,
        (1) "dealer" means a new motor vehicle dealer or used motor vehicle dealer;
        (2) "dealership" means the business entity that is operated by a motor vehicle dealer;
        (3) "distributor" means a person or entity who sells or distributes new or used motor vehicles to motor vehicle dealers or who maintains or sends distributor representatives within or to this state to sell or distribute new or used motor vehicles to motor vehicle dealers in this state; in this paragraph, "distributor representative" means a representative employed by a distributor branch, distributor, or wholesaler who sells or distributes new or used motor vehicles to franchised motor vehicle dealers in this state;
        (4) "distributor branch" means a branch office maintained by a distributor or wholesaler who sells or distributes new or used motor vehicles to franchised motor vehicle dealers in this state;
        (5) "franchise" means a written arrangement for a definite or indefinite period in which a manufacturer, distributor, or motor vehicle wholesaler grants to a motor vehicle dealer a license, sales and service agreement, or contract of any kind to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the wholesale or retail marketing of related motor vehicles or services;
        (6) "franchised" means having a franchise;
        (7) "fraud" includes a promise or representation not made honestly or in good faith, and an intentional failure to disclose a material fact;
        (8) "good faith" means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade;
        (9) "lease," except in AS 45.25.150, means a contract by which a person owning a motor vehicle grants to another person the right to possess, use, and enjoy the motor vehicle for a specified period of time in exchange for periodic payment of a stipulated price and in which the use of the vehicle is granted for a period of 12 or more months;
        (10) "manufacturer" means a person or the person's subsidiary who manufacturers, imports, distributes, or assembles new motor vehicles and includes an administrator, a distributor, a distributor branch, and a factory branch; in this paragraph, "factory branch" means a branch office maintained by a manufacturer for directing and supervising the representatives of the manufacturer;
        (11) "manufacturer representative" means any employee or agent of a manufacturer who engages in the business of contacting a manufacturer's respective franchised dealers for the purpose of making or promoting the sale of the manufacturer's vehicles, parts, accessories, or services;
        (12) "motor vehicle" means a motor vehicle that is required to be registered under AS 28.10, but does not include a motor home, a recreational vehicle, or a motorcycle; in this paragraph,
             (A) "all-terrain vehicle" has the meaning given in AS 45.27.390;
             (B) "recreational vehicle" includes an all-terrain vehicle and a snow machine;
             (C) "snow machine" has the meaning given in AS 45.27.390;
        (13) "motor vehicle dealer" has the meaning given in AS 08.66.350, except that, in this paragraph, notwithstanding the definition of "motor vehicle" given in AS 08.66.350, "motor vehicle" has the meaning given in this section;
        (14)   [Repealed, Sec. 61 ch 22 SLA 2015]. 
        (15) "new motor vehicle" means a motor vehicle that has not been previously sold to and registered to a person except a distributor, wholesaler, or motor vehicle dealer for resale;
        (16) "new motor vehicle dealer" means a motor vehicle dealer for new motor vehicles or for new and used motor vehicles;
        (17) "sale" means the issuance, transfer, agreement for transfer, exchange, gift, pledge, hypothecation, or mortgage in any form, whether by transfer in trust or otherwise, of a motor vehicle, an interest in a motor vehicle, or a related franchise;
        (18) "service contract" means an optional agreement that is separate from a contract for the sale of a motor vehicle and that covers certain repair or maintenance functions beyond coverage provided by a warranty;
        (19) "terminate" includes nonrenewal or cancellation;
        (20) "used motor vehicle" means a motor vehicle that has been previously sold to and registered to a person other than a distributor, wholesaler, or motor vehicle dealer;
        (21) "used motor vehicle dealer" means a motor vehicle dealer for used motor vehicles.

Authorities

23.10.055;45.25.590

Notes

Recent Bills that will modify this

HB 318 MOTOR VEHICLE DEALER FRANCHISES
SB 35 2015 REVISOR'S BILL
SB 197 MOTOR VEHICLE DEALER FRANCHISES

References

AS 23.10.055 Exemptions; compensation of executives, administrators, and professionals.
AS 45.25.590 Definitions.

History

(Sec. 9 ch 79 SLA 2002; am Sec. 1 ch 28 SLA 2009; am Sec. 61 ch 22 SLA 2015)