As used in this part:
(1) “Dealer”, unless the context indicates otherwise, means a person, firm, or corporation engaged in the business of buying and selling motor vehicles and licensed by the:
- (A) Arkansas Motor Vehicle Commission; or
- (B) Division of Arkansas State Police;
(2) “Dealer's extra license plate” means the license plate that is issued to a dealer who has:
- (A) Complied with the requirements to be issued a dealer's master license plate;
- (B) Identified each manager, sales manager, or salesperson employed by the dealer; and
- (C) Paid a fee of twenty-five dollars ($25.00) per dealer’s extra license plate;
(3)
(A) “Dealer's master license plate” means the license plate issued to a dealer who has:
- (i) Provided the required dealer certification or a copy of the dealer's license from either the Division of Arkansas State Police or the Arkansas Motor Vehicle Commission to the Secretary of the Department of Finance and Administration; and
- (ii) Paid a fee of one hundred dollars ($100).
- (B) Any reference in this part to "dealer's plate" shall mean the dealer's master license plate as defined in this subdivision (3);
- (4) “Department” means the Department of Finance and Administration;
(5)
(A) “Manager”, “sales manager”, or “salesperson” means as follows:
- (i) As used in this part, "manager" means any person other than the dealer who is responsible for the overall management of the dealership;
- (ii) "Sales manager" means any person other than the dealer who is responsible for the management of the salespersons of the dealership; and
(iii) "Salesperson" means:
- (a) (a) Any person who:
- (1) (1) Is employed as a salesperson by a motor vehicle dealer whose duties include the selling or offering for sale of motor vehicles;
- (2) (2) For compensation of any kind, acts as a salesperson, agent, or representative of a motor vehicle dealer;
- (3) (3) Attempts to or in fact negotiates a sale of a motor vehicle owned partially or entirely by a motor vehicle dealer; and
(4) (4) Uses the financial resources, line of credit, or floor plan of a motor vehicle dealer to purchase, sell, or exchange any interest in a motor vehicle; or
- (b) (b) Anyone who, for compensation of any kind, operates as a salesperson, broker, agent, or representative of a used motor vehicle dealer, or any person who attempts to or in fact negotiates a sale of a vehicle owned partially or entirely by a used motor vehicle dealer, or a person or drafter using the financial resources, line of credit, or floor plan of a used motor vehicle dealer to purchase, sell, or exchange an interest in a used motor vehicle.
- (B) The employment records of any persons listed as "manager", "sales manager", or "salesperson" will be subject to review by the Department of Finance and Administration to verify their status with the dealership;
- (6) “Motor vehicle”, unless the context indicates otherwise, means a vehicle, motorcycle, machine, or truck tractor propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property and subject to registration in Arkansas;
(7)
- (A) “Motor vehicle for sale”, unless the context indicates otherwise, means any new or used motor vehicle that is kept on the premises of the dealership during business hours, unless the motor vehicle is being demonstrated, test driven, or used as a loaner as specifically authorized in this part.
- (B) In addition to the requirement of subdivision (7)(A) of this section, in order for a new motor vehicle to qualify as a "motor vehicle for sale", the new motor vehicle must have a sticker attached to the window as required by 15 U.S.C. § 1232, except that the sticker may be removed when the vehicle is being driven but must be replaced in the window when not being driven.
- (C) In addition to the requirement of subdivision (7)(A) of this section, in order for a used motor vehicle to qualify as a "motor vehicle for sale", the used motor vehicle must have a window sticker attached displaying warranty terms as required by 16 C.F.R. pt. 455, except that the sticker may be removed when the vehicle is being driven but must be replaced in the window when not being driven; and
- (8) “Secretary” means the Secretary of the Department of Finance and Administration, or any person designated by the Secretary of the Department of Finance and Administration as authorized by Arkansas law.