Section 63-17-201 - DefinitionsAs used in Sections 63-17-201 through 63-17-221, the following terms shall have the meanings ascribed unless the context clearly indicates otherwise:
(a) "Area of sales responsibility" means the geographical area, agreed to by the dealer and the manufacturer in the manufacturer-dealer agreement, within which area the dealer has the exclusive right to display or sell the manufacturer's new recreational vehicles of a particular line-make to the retail public.(b) "Dealer" means any firm, corporation, partnership, individual proprietorship or other type of business enterprise whose principle business is the selling at retail of one or more of the six (6) types of recreational vehicles commonly known as travel trailers, fifth wheels, motor homes, park-model RVs, truck campers and camping trailers. The entity must maintain a permanent business establishment including service/repair facilities, open essentially twelve (12) months a year, must offer mechanical service for the vehicles it sells and must be duly licensed by the Mississippi Motor Vehicle Commission.(c) "Distributor" means any person, firm, corporation or business entity that purchases new recreational vehicles for resale to dealers.(d) "Factory campaign" means an effort on the part of a warrantor to contact recreational vehicle owners or dealers in order to address a part or equipment issue.(e) "Family member" means a spouse, child, grandchild, parent, sibling, niece or nephew, or the spouse thereof.(f) "Line-make" means a specific series of recreational vehicle products that:(i) Are identified by a common series trade name or trademark;(ii) Are targeted to a particular market segment, as determined by their decor, features, equipment, size, weight and price range;(iii) Have lengths and interior floor plans that distinguish the recreational vehicles from other recreational vehicles with substantially the same decor, equipment, features, price and weight;(iv) Belong to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame and body; and(v) The manufacturer-dealer agreement authorizes a dealer to sell.(g) "Manufacturer" means any person, firm, corporation or business entity that engages in the manufacturing of recreational vehicles.(h) "Manufacturer-dealer agreement" means a written agreement or contract entered into between a manufacturer and a dealer that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles.(i) "Proprietary part" means any part manufactured by or for and sold exclusively by the manufacturer.(j) "Nonsanctioned recreational show event" means any event where one or more recreational vehicle dealers attend and the event is conducted by a licensed Mississippi Recreational Vehicle Dealer.(k)(i) "Recreational vehicle" means a vehicle that: 1. Is primarily designed as a vehicle that also provides temporary living quarters for noncommercial, recreational or camping use;2. Is built to the National Fire Protection Association 1192 standard for recreational vehicles;3. Has its own motive power or is mounted on or towed by another vehicle;4. Is regulated by the National Highway Traffic Safety Administration as a vehicle or vehicle equipment;5. Does not require a special highway use permit for operation on the highways; and6. An individual can easily transport and set-up on a daily basis.(ii) "Recreational vehicles" includes, but is not limited to, the following:1. Motor home: A motorized, vehicular unit designed to provide temporary living quarters for recreational, camping or travel use.2. Travel trailer: A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use of such size and weight as to not require a special highway movement permit when towed by a motorized vehicle.3. Fifth-wheel trailer: A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use of such size and weight as to not require a special highway movement permit and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.4. Camping trailer: A vehicular unit that is mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping or travel use.5. Truck camper: A portable unit that is constructed to provide temporary living quarters for recreational, travel or camping use, consists of a roof, floor and sides, and is designed to be loaded onto and unloaded from the back of a pickup truck.6. "Park-model RV" means a unit that is:a. Designed and marketed primarily as temporary living quarters for recreational, camping, travel, or seasonal use, and not for use as a permanent dwelling;b. Between three hundred twenty (320) and four hundred (400) square feet based on the exterior dimensions of the structure measured at the largest horizontal projections, when erected on site, including all space that has a ceiling height of more than five (5) feet and any expandable room, slide-out, tip-out, or tag-along unit;c. Built on a single chassis and not designed to accept additional structures, add-ons or other additions that will increase the area as determined in subitem b in excess of four hundred (400) square feet;d. Built pursuant to a third-party inspection and certification process; ande. Built to the ANSI A119.5, Park Model RV Standard.(l) "Sanctioned recreational show event" means any event where one or more recreational vehicle dealers attend and the event is conducted by someone other than a licensed Mississippi Recreational Vehicle Dealer.(m) "Supplier" means any person, firm, corporation or business entity that engages in the manufacturing of recreational vehicle parts, accessories or components.(n) "Transient customer" means a customer owns a recreational vehicle, is temporarily traveling through a dealer's area of sales responsibility, engages the dealer to perform service work on the vehicle and whose recreational vehicle requires repairs that relate to the safe operations of that recreational vehicle.(o) "Warrantor" means any person, firm, corporation or business entity, including any manufacturer or supplier, that provides a written warranty to the consumer in connection with a new recreational vehicle or parts, accessories or components thereof. The term also includes a dealer or other person not controlled by a manufacturer who sells service contracts, mechanical or other insurance, or extended warranties for separate consideration.Added by Laws, 2014, ch. 532, HB 742, 1, eff. 10/1/2014.