Arkansas Administrative Code
Agency 063 - Motor Vehicle Commission
Rule 063.00.04-003 - Rule 5 - Limitation of Sales of New Motor Vehicles
Universal Citation: AR Admin Rules 063.00.04-003
Current through Register Vol. 49, No. 2, February 2024
RULE 5
LIMITATION OF SALES OF NEW MOTOR VEHICLES
1. A new motor vehicle dealer will be
licensed only after the Arkansas Motor Vehicle Commission is provided with a
signed copy of the contract between the dealer and manufacturer or distributor
which specifies:
A. The line-make(s) which may
be displayed and offered for sale;
B. That the dealer's physical facilities meet
or exceed the minimum requirements of the manufacturer or distributor and meet
the requirements of the Arkansas Motor Vehicle Commission ACT, A.C.A
23-112-302(e)(1)(2).
2. The contract may be in the form
of a franchise agreement, dealer sales and service agreement or letter of
intent. A letter of intent may be used only if:
A. Upon execution of a subsequent, final, or
amended contract, a copy of the complete contract is provided to the Arkansas
Motor Vehicle Commission within 30 days of the date the contract is
executed.
3. If, after
licensing, the terms of the contract between the dealer and the manufacturer or
distributor change, a copy of the new contract must be provided to the Arkansas
Motor Vehicle Commission within 30 days of the date the contract is
executed.
4.
(A)
SPECIALTY VEHICLES are
exempt from regulation and licensure by the Commission. The Arkansas Motor
Vehicle Commission Act defines specialty vehicles and authorizes the Commission
to add to by rule, additional vehicles to the list of specialty vehicles.
Pursuant to its authority to define specialty vehicles in A.C.A. §23-
112-103 the Commission has determined that the following vehicles are specialty
vehicles which are exempt from regulation by the Commission.
(1) Garbage Trucks, Ambulances, Fire Trucks,
Limousines, Hearses, Wheeled Trolleys, Wreckers, and;
(2) Unassembled motor vehicles such as kits
or packaged and sold unassembled.
(a)
"Unassembled" means requiring the ultimate purchaser to assemble the vehicle by
attaching the engine and/or drive train to the frame.
(b) Motor vehicles such as kits or packaged
vehicles assembled prior to sale do not qualify under this Rule as a 'Specialty
Vehicle".
(3) Any 2
wheeled motorized vehicles having a top rated speed of 16mph or less.
(4) Farm Implements defined as a vehicle or
implement solely usable for the purpose of agriculture or husbandry and not for
the transportation of person(s) or materials from one point to another.
Tractors, combines and other similar limited purpose vehicles are farm
implements.
(5) Construction
Implements defined as a vehicle or implement solely usable for the purpose of
construction and not for the transportation of person(s) or materials from one
point to another. Back Hoes, Bulldozers and other similar limited purpose
vehicles are Construction Implements.
(6) Gas scooters, Electric scooters and
Cycles having a top rated speed of 16 mph or less.
(7) Go-Carts having;
(a) A fixed suspension and,
(b) A 6 HP engine or less, with a top rated
speed of 22 MPH or less
(8) Non-altered golf carts of the type
designed and commonly approved for use on all golf courses;
(a) Having non-aggressive tread tires and
limited purpose capabilities, and;
(b) With a designed use limited to the
transport of persons and equipment, such as golf clubs, used in playing games
of golf.
(9)
Lawnmowers.
(10)
Airplanes.
(11) Trains.
(12) Motorized Skateboards.
(13) Segways and personal transportation
vehicles designed solely for the purpose of transport of mobility impaired
individuals.
(B) All
models and/or types of vehicles are subject to individual review by the
Commission to determine whether or not they qualify under the 'Specialty
Vehicle" exemptions of this Rule.
(C)
(1) Any
person(s) possessing new motor vehicles removed from "Specialty Vehicle" status
by an amendment to this Rule, and whose vehicles were exempted from licensure
(90) days prior to the amendment shall, without penalty, have (30) days after
the effective date of the amendment to:
(a)
Obtain a license as a new motor vehicle dealer pursuant to A.C.A. §
23-112-302,
or
(b) Dispose of all affected new
motor vehicles.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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