Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 5.00 - Motor Vehicle Regulations
Section 5.01 - Definitions
Advertisement (including the terms advertise and advertising) means any oral, written or graphic statement made by a seller in any manner in connection with the solicitation of business and includes, without limitation because of enumeration, statements and representations made in a newspaper or other publication or on radio or television or contained in any notice, handbill, sign, billboard, poster, bill, circular, brochure, pamphlet, catalogue or letter, or printed on or contained in any tag or label which is attached to or accompanies any merchandise offered for sale.
Authorized Dealer Representative means a salesperson, sales manager or other agent or employee of a motor vehicle dealer who is authorized to represent or act for the dealer in connection with the acceptance, rejection or modification of motor vehicle purchase contracts.
Clear and Conspicuous means that the statement, representation or term being disclosed is of such size, sound or color contrast and is so placed as to be readily noticeable to the person to whom it is being disclosed. A statement contained in a printed contract, form or notice is not clear and conspicuous unless it is printed in at least ten point type or its equivalent.
Customer means any person who has repairs, service or maintenance performed or seeks to have repairs, service or maintenance performed by a repair shop on a motor vehicle.
Defect means any defect in the design, construction or performance of a motor vehicle produced by a manufacturer which the manufacturer has reason to believe may occur or exist in a substantial number of vehicles produced by the manufacturer and which (a) creates an unreasonable risk of accident, death or injury; (b) substantially impairs the operation or performance of the vehicle; or (c) substantially impairs the value of the vehicle.
Manufacturer includes the following:
(a) Any person engaged in the business of manufacturing or assembling new and unused motor vehicles;
(b) Any person engaged in the business of importing new and unused motor vehicles into the United States; and
(c) Any person engaged in the business of selling or distributing new and unused motor vehicles to motor vehicle dealers located in the Commonwealth.
Motor Vehicle Dealer or Dealer means any person who is engaged in the business of selling, offering for sale or negotiating the retail sale of motor vehicles and includes the officers, agents and employees of such person and any combination or association of dealers. A person shall be deemed to be "in the business of selling" motor vehicles if s/he sells more than three motor vehicles in any calendar year.
Motor Vehicle or Vehicle shall have the same meaning as that set forth in M.G.L. c 90, § 1 except that it shall also include motor cycles.
Person or Persons means an association, a corporation, an institution, a natural person, an organization, a partnership, a trust or any legal entity.
Purchaser means any person who has obtained ownership of a motor vehicle by transfer or purchase or who has entered into an agreement or contract for the purchase of a motor vehicle.
Repair Shop means a person who, for compensation, engages in the business of diagnosing or repairing malfunctions of or damage to motor vehicles, including auto body shops and retail stores which offer automotive services, but excluding:
(a) the Commonwealth of Massachusetts and the United States government and all agencies, departments and political subdivisions thereof;
(b) any industrial or commercial establishment which repairs, services or maintains vehicles for its own use; and
(c) for purposes of 940 CMR 5.05(2) through (5) and (9), gasoline service stations which engage solely in minor repair services such as changing or repairing tires, lubrication, replacing fan belts and oil and air filters, installing light bulbs, batteries, windshield wiper blades and other minor accessories, and the like.
