§ 31-5.2-1 - Definitions.
SECTION 31-5.2-1
§ 31-5.2-1 Definitions. – The following words and phrases, for the purposes of this chapter, have thefollowing meanings:
(1) "Consumer" means a buyer, other than for purposes ofresale, of a motor vehicle, any person to whom that motor vehicle istransferred for the same purposes during the duration of any express or impliedwarranty applicable to that motor vehicle, and any other person entitled by theterms of that warranty to enforce its obligations.
(2) "Dealer" means any person engaged in the business ofselling, offering to sell, soliciting, or advertising the sale of new motorvehicles.
(3) "Lease price" means the aggregate of:
(i) Lessor's actual purchase costs.
(ii) Collateral charges, if applicable.
(iii) Any fee paid to another to obtain the lease.
(iv) Any insurance or other costs expended by the lessor forthe benefit of the lessee.
(v) An amount equal to state and local sales taxes nototherwise included as collateral charges, paid by the lessor when the vehiclewas initially purchased.
(vi) An amount equal to five percent (5%) of the lessor'sactual purchase costs.
(4) "Lessee" means any consumer who leases a motor vehiclefor one year or more pursuant to a written lease agreement which provides thatthe lessee is responsible for repairs to such motor vehicle or any consumer wholeases a motor vehicle pursuant to a lease-purchase agreement.
(5) "Lessee cost" means the aggregate deposit and rentalpayments previously paid to the lessor for the leased vehicle.
(6) "Lessor" means a person who holds title to a motorvehicle leased to a lessee under a written lease agreement or who holds thelessor's rights under such agreement.
(7) "Manufacturer" means any person, partnership, firm,association, corporation, or trust, resident or nonresident, which is engagedin the business of manufacturing or assembling new motor vehicles, or which isengaged in the business of importing new motor vehicles which are manufacturedor assembled outside of the United States.
(8) "Motor vehicle" or "vehicle" means: (i) an automobile,truck, motorcycle, or van having a registered gross vehicle weight of less thanten thousand pounds (10,000 lbs.), sold, leased, or replaced by a dealer ormanufacturer, except that it shall not include a motorized camper as defined in§ 31-1-3; or (ii) a municipality, municipal agency or fire district ownedor leased fire department motorized apparatus which has not been significantlyaltered in such a manner to cause a breach of the manufacturer's warranty.
(9) "Nonconformity" means any specific or generic defect ormalfunction, or any concurrent combination of such defects or malfunctions,that substantially impairs the use, market value, or safety of a motor vehicle.
(10) "Term of protection" means one year or fifteen thousand(15,000) miles of use from the date of original delivery of a new motor vehicleto the consumer, whichever comes first; or, in the case of a replacementvehicle provided by a manufacturer to a consumer under this chapter, one yearor fifteen thousand (15,000) miles from the date of delivery to the consumer ofthat replacement vehicle, whichever comes first.
(11) "Motor vehicle arbitration board" means the board to beestablished by the department of attorney general as set forth in §31-5.2-7.1, which board shall replace the consumers' council automobile disputesettlement panel.