{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-562v1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-562v1","heading":"Definitions","body":"The following words, terms, and phrases, when used in Sections\n\n561 through 567, 572, 578.1, 579, and 579.1 of this title, shall\n\nhave the meanings respectively ascribed to them in this section,\n\nexcept where the context clearly indicates a different meaning:\n\n1. \"Motor vehicle\" means any motor-driven vehicle required to\n\nbe registered under the Oklahoma Vehicle License and Registration\n\nAct. The term motor vehicle does not include:\n\na. recreational vehicles, as defined in the Recreational\n\nVehicle Franchise Act, or\n\nb. powersport vehicles;\n\n2. \"New motor vehicle dealer\" means any person, firm,\n\nassociation, corporation, or trust not excluded by this paragraph\n\nwho sells, offers for sale, advertises to sell, receives deposits\n\nfor vehicles, leases, or displays new motor vehicles and holds a\n\nbona fide contract or franchise in effect with a manufacturer or\n\ndistributor authorized by the manufacturer to make predelivery\n\npreparation of such vehicles sold to purchasers and to perform post-\n\nsale work pursuant to the manufacturer's or distributor's warranty.\n\nAs used herein, \"authorized predelivery preparation\" means the\n\nrendition by the dealer of services and safety adjustments on each\n\nnew motor vehicle in accordance with the procedure and safety\n\nstandards required by the manufacturer of the vehicle to be made\n\nbefore its delivery to the purchaser. \"Performance of authorized\n\npost-sale work pursuant to the warranty\", as used herein, means the\n\nrendition of services which are required by the terms of the\n\nwarranty that stands extended to the vehicle at the time of its sale\n\nand are to be made in accordance with the safety standards\n\nprescribed by the manufacturer. The term includes premises or\n\nfacilities at which a person engages only in the repair of motor\n\nvehicles if repairs are performed pursuant to the terms of a\n\nfranchise and motor vehicle manufacturer's warranty. For the\n\npurpose of Sections 561 through 567, 572, 578.1, 579, and 579.1 of\n\nthis title, the terms new motor vehicle dealer and \"new motor\n\nvehicle dealership\" shall be synonymous. The term new motor vehicle\n\ndealer does not include:\n\na. receivers, trustees, administrators, executors,\n\nguardians, or other persons appointed by or acting\n\nunder judgment or order of any court,\n\nb. public officers while performing or in operation of\n\ntheir duties,\n\nc. employees of persons, corporations, or associations\n\nenumerated in subparagraph a of this paragraph when\n\nengaged in the specific performance of their duties as\n\nsuch employees, or\n\nd. a powersports vehicle dealer;\n\n3. \"Motor vehicle salesperson\" means any person, resident or\n\nnonresident, who, for gain or compensation of any kind, either\n\ndirectly or indirectly, regularly or occasionally, by any form of\n\nagreement or arrangement, sells or negotiates for the sale, lease,\n\nor conveyance or arranges the financing of any new motor vehicle or\n\npowersports vehicle as an employee for any new motor vehicle dealer\n\nor powersports dealer to any one or more third parties;\n\n4. \"Commission\" means the Oklahoma New Motor Vehicle\n\nCommission;\n\n5. \"Manufacturer\" means any person, firm, association,\n\ncorporation, partnership, trust, joint venture, or common entity\n\nthereof, resident or nonresident, that manufactures or assembles new\n\nand unused motor vehicles or new and unused powersport vehicles or\n\nthat engages in the fabrication or assembly of motorized vehicles of\n\na type required to be registered in this state;\n\n6. \"Distributor\" means any person, firm, association,\n\ncorporation, partnership, trust, joint venture, or common entity\n\nthereof, resident or nonresident, that, being authorized by the\n\noriginal manufacturer, in whole or in part sells or distributes new\n\nand unused motor vehicles to new motor vehicle dealers or powersport\n\ndealers, or that maintains distributor representatives;\nVehicles Page 799\n\n6. \"Distributor\" means any person, firm, association,\n\ncorporation, partnership, trust, joint venture, or common entity\n\nthereof, resident or nonresident, that, being authorized by the\n\noriginal manufacturer, in whole or in part sells or distributes new\n\nand unused motor vehicles to new motor vehicle dealers or powersport\n\ndealers, or that maintains distributor representatives;\n\n7. \"Factory branch\" means any branch office maintained by a\n\nperson, firm, association, corporation, partnership, trust, joint\n\nventure, or common entity thereof that manufactures or assembles\n\nmotor vehicles or powersport vehicles for the sale of motor vehicles\n\nor powersport vehicles to distributors, or for the sale of motor\n\nvehicles to new motor vehicle dealers, or for the sale of powersport\n\nvehicles to new powersport vehicle dealers, or for directing or\n\nsupervising, in whole or in part, its representatives;\n\n8. \"Distributor branch\" means any branch office similarly\n\nmaintained by a distributor for the same purposes a factory branch\n\nis maintained;\n\n9. \"Factory representative\" means any officer or agent engaged\n\nas a representative of a manufacturer of motor vehicles or\n\npowersport vehicles or by a factory branch, for the purpose of\n\nmaking or promoting the sale of its motor vehicles or powersport\n\nvehicles, or for supervising or contacting its dealers or\n\nprospective dealers;\n\n10. \"Distributor representative\" means any person, firm,\n\nassociation, corporation, partnership, trust, joint venture, or\n\ncommon entity thereof, and each officer and employee thereof engaged\n\nas a representative of a distributor or distributor branch of motor\n\nvehicles or powersport vehicles, for the purpose of making or\n\npromoting the sale of its motor vehicles or powersport vehicles, or\n\nfor supervising or contacting its dealers or prospective dealers;\n\n11. \"Franchise\" means any contract or agreement between a new\n\nmotor vehicle dealer or a powersports vehicle dealer and a\n\nmanufacturer of a new motor vehicle or powersports vehicle or its\n\ndistributor or factory branch by which the new motor vehicle dealer\n\nor new powersports vehicle dealer is authorized to engage in the\n\nactivities of a new motor vehicle dealer or new powersports vehicle\n\ndealer as defined by this section;\n\n12. \"New or unused motor vehicle\" means a vehicle which is in\n\nthe possession of the manufacturer or distributor or has been sold\n\nonly to the holder of a valid franchise granted by the manufacturer\n\nor distributor for the sale of that make of new vehicle so long as\n\nthe manufacturer's statement of origin has not been assigned to\n\nanyone other than a licensed franchised new motor vehicle dealer of\n\nthe same line-make;\n\n13. \"Area of responsibility\" means the geographical area, as\n\ndesignated by the manufacturer, factory branch, factory\n\nrepresentative, distributor, distributor branch, or distributor\n\nrepresentative, in which the new motor vehicle dealer or powersports\n\ndealer is held responsible for the promotion and development of\n\nsales and rendering of service for the make of motor vehicle or\n\npowersports vehicle for which the new motor vehicle dealer or new\n\npowersports vehicle dealer holds a franchise or selling agreement;\n\n14. \"Off premises\" means at a location other than the address\n\ndesignated on the new motor vehicle dealer's or new powersports\n\nvehicle dealer's license;\n\n15. \"Sponsoring entity\" means any person, firm, association,\n\ncorporation, or trust which has control, either permanently or\n\ntemporarily, over the real property upon which the off-premises sale\n\nor display is conducted;\n\n16. \"Product\" means new motor vehicles and new motor vehicle\n\nparts or new powersports vehicle and new powersports vehicle parts;\n\n17. \"Service\" means motor vehicle or powersports vehicle\n\nwarranty repairs including both parts and labor;\n\n18. \"Lead\" means a consumer contact in response to a factory\nor\n\ntemporarily, over the real property upon which the off-premises sale\n\nor display is conducted;\n\n16. \"Product\" means new motor vehicles and new motor vehicle\n\nparts or new powersports vehicle and new powersports vehicle parts;\n\n17. \"Service\" means motor vehicle or powersports vehicle\n\nwarranty repairs including both parts and labor;\n\n18. \"Lead\" means a consumer contact in response to a factory\n\nprogram designed to generate interest in purchasing or leasing a new\n\nmotor vehicle or new powersports vehicle;\n\n19. \"Sell\" or \"sale\" means to sell or lease;\n\n20. \"Factory\" means a manufacturer, distributor, factory\n\nbranch, distributor branch; or any common entity of a manufacturer,\n\ndistributor, factory branch or distributor branch; or factory\n\nrepresentative, or distributor representative, which manufactures or\n\ndistributes vehicle products;\n\n21. \"Powersports vehicle\" means any new or unused motorcycles,\n\nscooters, mopeds, all-terrain vehicles, and utility vehicles\n\nrequired to be registered under the Oklahoma Vehicle License and\n\nRegistration Act, with the exception of all-terrain vehicles,\n\nutility vehicles, and motorcycles used exclusively for off-road use\n\nwhich are sold by a retail implement dealer;\n\n22. \"Powersports vehicle dealer\" means any person, firm, or\n\ncorporation, resident or nonresident, that is in the business of\n\nselling any new powersports vehicles except for retail implement\n\ndealers;\n\n23. \"Retail implement dealer\" means a business engaged\n\nprimarily in the sale of farm tractors as defined in Section 1-118\n\nof this title or implements of husbandry as defined in Section 1-125\n\nof this title or a combination thereof and is exempt from licensing\n\nby the Commission for the sale of all-terrain vehicles, utility\n\nvehicles, and motorcycles used exclusively for off-road use;\n\n24. \"Consumer data\" means nonpublic personal information as\n\ndefined in 15 U.S.C., Section 6809(4) as it existed on January 1,\n\n2023, that is:\n\na. collected by a new motor vehicle dealer, and\n\nb. provided by the new motor vehicle dealer directly to a\n\nmanufacturer or third party acting on behalf of a\n\nmanufacturer.\n\nThe term shall not include the same or similar data obtained by\n\na manufacturer from any source other than the new motor vehicle\n\ndealer or new motor vehicle dealer's data management system;\n\n25. \"Fleet vehicle\" means a new motor vehicle sold and titled\n\nor registered to a business and used for business purposes only; and\n\n26. a. \"Common entity\" means any person, firm, association,\n\ncorporation, partnership, trust, or joint venture\n\nacting as a new motor vehicle dealer as defined by\n\nparagraph 20 of this section:\n\n(1) which is directly or indirectly controlled by or\n\nhas more than thirty percent (30%) of its equity\n\ninterest directly or indirectly owned,\n\nbeneficially or of record, through any form of\n\nownership structure, by a factory, manufacturer,\n\nmanufacturer branch, distributor, or distributor\n\nbranch, or\n\n(2) which has more than thirty percent (30%) of its\n\nequity interest directly or indirectly controlled\n\nor owned, beneficially or of record, through any\n\nform of ownership structure, by one or more\n\npersons who also directly or indirectly control\n\nor own, beneficially or of record, more than\n\nthirty percent (30%) of the equity interests of a\n\nfactory, manufacturer, manufacturer branch,\n\ndistributor, or distributor branch.\n\nb. Notwithstanding subdivision (1) or (2) of subparagraph\n\na of this paragraph, an entity that would otherwise be\n\nconsidered a common entity of a distributor under\n\nsubdivision (1) or (2) of subparagraph a of this\n\nparagraph because of its relation to a distributor is\n\nnot considered a common entity of that distributor if:\n\n(1) the distributor to which the entity is related\n\nwas a licensed distributor on March 1, 2025,\n\n(2) the entity is not a common entity of a\n\nmanufacturer or an importer, and\notherwise be\n\nconsidered a common entity of a distributor under\n\nsubdivision (1) or (2) of subparagraph a of this\n\nparagraph because of its relation to a distributor is\n\nnot considered a common entity of that distributor if:\n\n(1) the distributor to which the entity is related\n\nwas a licensed distributor on March 1, 2025,\n\n(2) the entity is not a common entity of a\n\nmanufacturer or an importer, and\n\n(3) the distributor to which the entity is related is\n\nnot, and has never been, a common entity of a\n\nmanufacturer or an importer.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"34084d9f9efaa02a5acc854069588fd0619f9f145c2cbe3f707fa0497f3301e6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-562","next":"us-ok/okla.-stat.-tit.-47-47-562v2"},"notice":"GroundRules: Original legal text. Not legal advice."}