For purposes of this part, unless otherwise required by their context, the following definitions apply:

1. (1) "Affidavit of Reconstruction" means a form, prescribed by the Secretary of the Department of Finance and Administration, which shall be:

   1. (A) Completed by a repairer or rebuilder upon completion of the rebuilding or reconstruction of a damaged motor vehicle; and
   2. (B) Surrendered to the Secretary of the Department of Finance and Administration by the owner of the rebuilt or reconstructed motor vehicle when making application for registration and issuance of a rebuilt title as defined herein;
2. (2) "Commissioner" means the Secretary of the Department of Finance and Administration acting in his or her capacity as Commissioner of Motor Vehicles in this state;

3. (3)

   1. (A) "Dealer" means any person or business who:

      1. (i) Sells or offers for sale a motor vehicle after selling or offering for sale five (5) or more motor vehicles in the previous twelve (12) months; or
      2. (ii) Who is a new or used motor vehicle dealer licensed by or with the State of Arkansas.
   2. (B) Persons or businesses that operate as salvage vehicle pools or salvage vehicle auctions are not dealers for purposes of this part when selling vehicle parts to a dealer;

4. (4) "Declaration of Damage" means a form, prescribed by the Secretary of the Department of Finance and Administration, which shall be completed by the owner or insurer of a salvage vehicle, as defined herein, which is submitted to the Secretary of the Department of Finance and Administration:

   1. (A) By the owner when making application for registration and issuance of a salvage title; or
   2. (B) For an insurer not taking title to the salvage vehicle, within thirty (30) days of indemnifying the owner for loss;

5. (5)

   1. (A) "Motor vehicle" means every self-propelled vehicle, except motorcycles, motor-driven cycles, and trucks with an unladen weight of ten thousand pounds (10,000 lbs.) or more, in, upon, or by which any person or property is or may be transported upon a street or highway.

   2. (B)

      1. (i) "Motor vehicle" does not include:

         1. (a) (a) Motorcycles;
         2. (b) (b) Motor-driven cycles;
      2. (c) (c) Trucks with an unladen weight of ten thousand pounds (10,000 lbs.) or more;

      3. (d) (d) Any motor vehicle that has been damaged to the extent that it is considered junk under the provisions of Arkansas Code § 27-14-913 or for which an Arkansas Intent to Dismantle form has been submitted or an out-of-state junking certificate has been issued; and

         1. (e) (e) Any motor vehicle that is more than seven (7) model years old prior to the year of occurrence.
      4. (ii) Subtracting eight (8) from the current calendar year will determine the latest model year excluded;

6. (6) "Occurrence" means the event which caused the motor vehicle to become damaged and includes, without limitation:

   1. (A) Collision;
   2. (B) Theft;
   3. (C) Vandalism;
   4. (D) Storm; and
   5. (E) Flood;
7. (7) "Office of Motor Vehicle" or "office" means the Office of Motor Vehicle of the Revenue Division of the Department of Finance and Administration;
8. (8) "Owner" means an individual, insurance company, or other entity with legal title to the motor vehicle;
9. (9) "Parts-only title" means an Arkansas certificate of title issued to the owner of a vehicle that has no resale value except as a source for parts or scrap that bears the notations "PARTS ONLY" and "Not for Registration";
10. (10) "Rebuilt or reconstructed motor vehicle" means a motor vehicle for which a salvage, damaged, water-damaged, reconstructed, rebuilt, or other similar certificate of title has been previously issued and the motor vehicle has been repaired to the extent that it can be licensed for use on the public streets and highways of this state;
11. (11) "Rebuilt title" means an Arkansas certificate of title issued to the owner of a rebuilt or reconstructed motor vehicle, as defined herein, that bears the notation "REBUILT" printed in the remarks section on the face of the title;
12. (12) "Repairer” or “rebuilder" means any person, firm, or entity that engages in the repairing, rebuilding, or reconstructing of any damaged motor vehicle, as defined in this part, whether or not the activity is for profit;
13. (13) "Salvage title" means an Arkansas certificate of title issued to the owner of a salvage vehicle, as defined herein, that bears the notation "SALVAGE" printed in the remarks section on the face of the title;

14. (14) "Salvage vehicle" means a motor vehicle which:

    1. (A) Is water-damaged as defined in this part; or
    2. (B) Sustains any other damage in an amount equal to or exceeding seventy percent (70%) of its average retail value, as listed in the most current issue of any pricing guide approved by the Secretary of the Department of Finance and Administration for use in determining the percentage of the damage; and
15. (15) "Water-damaged" means damage to a motor vehicle caused by submerging or partially submerging the vehicle in water to the extent that the vehicle was submerged or partially submerged at any water level above the dashboard of the vehicle, regardless of the actual dollar amount of the damage.