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56:10-16 - Definitions

56:10-16.  Definitions    As used in this act:

    a.   "Committee"  means the Motor Vehicle Franchise Committee established in  section 2 of this act;

    b.   "Franchise"  means a written arrangement for a definite or indefinite period in which a motor vehicle franchisor grants a right or license to use a trade name, trademark, service mark or related characteristics and in which there is a community of interest in the marketing of new motor vehicles at retail, by lease agreement or otherwise;

    c.   "Franchisee"  means a natural person, corporation, partnership or entity to whom a franchise is granted by a motor vehicle franchisor;

    d.   "Motor vehicle"  or  "new motor vehicle"  means only a newly manufactured motor vehicle, except a nonconventional type of motor vehicle, and  includes all such vehicles propelled otherwise than by muscular power, and  motorcycles, trailers and tractors, excepting such vehicles as run only upon  rails or tracks and motorized bicycles;  a  "nonconventional type of motor  vehicle"  means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway;

    e.   "Motor vehicle franchisor"  means a natural person, corporation, partnership or entity engaged in the business of manufacturing, assembling or distributing new motor vehicles, who will under normal business conditions during the year, manufacture, assemble or distribute at least 10 new motor vehicles;

    f.   "Relevant market area"  means a geographic area 8 miles in radius from  a proposed franchise or business, but if there are no existing franchisees in  the same line make within an 8-mile radius of the proposed franchise or  business, then the relevant market area includes the next closest existing  franchisee in the same line make within a 14-mile radius.

     L.1982, c. 156, s. 1, eff. Oct. 27, 1982.
 

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