PURPOSE: This rule designates meanings for certain words and terms utilized in the rules promulgated by the Missouri Motor Vehicle Commission as authorized by sections 301.550— 301.572, RSMo.

1. (1) For the purposes of these rules, all definitions in sections 301.010 and 301.550, RSMo are adopted by reference.

2. (2) For identification purposes only, the following dealers defined in this rule shall be divided into classes, but each class shall be licensed as a motor vehicle dealer with the Missouri Motor Vehicle Commission. The following terms and words mean:

   1. (A) Recreational motor vehicle dealer— any person who, as a primary business activity for commission or with an intent to make a profit or gain of money or other thing of value, sells, barters, exchanges, leases or rents with the option to purchase, or who offers or attempts to sell or negotiates the sale of any motor vehicle designed, constructed or substantially modified for use as temporary housing quarters, including sleeping and eating facilities which are either permanently attached to the motor vehicle or attached to a unit which is securely attached to the motor vehicle. This includes dealers who operate new vehicle operations under franchise or used vehicle operations;
   2. (B) Historic motor vehicle dealer—any person who, as a primary business activity for commission or with an intent to make a profit or gain of money or other thing of value, sells, barters, exchanges, leases or rents with the option to purchase, or who offers or attempts to sell or negotiates the sale of motor vehicles that are at least twenty-five

3. (25) years old, excluding recreational motor vehicles, classic motor vehicles and motorcycles;

   1. (C) Classic motor vehicle dealer—any person who, as a primary business activity for commission or with an intent to make a profit or gain of money or other thing of value, sells, barters, exchanges, leases or rents with the option to purchase, or who offers or attempts to sell or negotiates the sale of motor vehicles at least five (5) years of age that were produced in limited numbers or otherwise have special value unrelated to basic transportation, excluding recreational motor vehicles, historic motor vehicles and motorcycles;
   2. (D) Motorcycle dealer—any person who, for commission or with an intent to make a profit or gain of money or other thing of value, sells, barters, exchanges, leases or rents with the option to purchase, or who offers or attempts to sell or negotiates the sale of any motor vehicle operated on two (2) wheels, including a motorcycle while operated with any conveyance, temporary or otherwise, requiring the use of a third wheel. This includes dealers who operate new vehicle operations under franchise or used motorcycle operations;
   3. (E) Franchise new motor vehicle dealer— any person who, for commission or with an intent to make a profit or gain of money or other thing of value, sells, barters, exchanges, leases or rents with the option to purchase, or who offers or attempts to sell or negotiates the sale of any new motor vehicle, excluding recreational motor vehicles and motorcycles; however, including the resale of any used motor vehicle which is obtained through the normal course of trade or purchased from a wholesale motor vehicle dealer. The term franchise new motor vehicle dealer is not synonymous with the term new motor vehicle franchise dealer as used in section 301.550.1(8), RSMo. The term new motor vehicle franchise dealer is a broader term that includes the following dealer classes, as set out in section 301.550.3., RSMo: 1) franchise new motor vehicle dealers, 2) recreational motor vehicle dealers and 3) motorcycle dealers. The definition of franchise new motor vehicle dealer in this rule applies only when the term is specifically used or when the statute or rule specifically refers to the dealer classes set out in section 301.550.3., RSMo;
   4. (F) Used motor vehicle dealer—any person who, for commission or with an intent to make a profit or gain of money or other thing of value, sells, barters, exchanges, leases or rents with the option to purchase, or who offers or attempts to sell or negotiates the sale of any motor vehicle which is not a new motor vehicle, provided that the majority of units sold are not motorcycles or recreational vehicles or vessels. The term used motor vehicle dealers as used in section 301.550.3(3), RSMo is not synonymous with the term as used in section 301.550.1(11), RSMo. The term is a broader one that includes the following dealer classes, as set out in section 301.550.3., RSMo: 1) used motor vehicle dealers, 2) historic motor vehicle dealers, 3) classic motor vehicle dealers and 4) wholesale motor vehicle dealers. The definition of the term used motor vehicle 12 CSR 60-1

dealer as set out in this rule applies only when the statute or rule specifically refers to the dealer classes set out in section 301.550.3., RSMo;

1. (G) Antique motor vehicle—any motor vehicle at least twenty-five (25) years of age; and
2. (H) Wholesale motor vehicle—dealer a motor vehicle dealer who sells motor vehicles only to new motor vehicle franchised dealers or other used motor vehicle dealers or via auctions limited to other dealers of any class.

AUTHORITY: section 301.553, RSMo (Cum. Supp. 1990).* Original rule filed July 10, 1989, effective Sept. 28, 1989. *Original authority 1988, amended 1989, 1993.