Okla. Stat. tit. 47, § 47-562v2

The following words, terms, and phrases, when used in Sections

561 through 567, 572, 578.1, 579, and 579.1 of this title, shall

have the meanings respectively ascribed to them in this section,

except where the context clearly indicates a different meaning:

1. “Motor vehicle” means any motor-driven vehicle required to

be registered under the Oklahoma Vehicle License and Registration

Act. The term motor vehicle does not include:

a. recreational vehicles, as defined in the Recreational

Vehicle Franchise Act, or

b. powersport vehicles;

2. “New motor vehicle dealer” means any person, firm,

association, corporation, or trust not excluded by this paragraph

who sells, offers for sale, advertises to sell, leases, or displays

new motor vehicles and holds a bona fide contract or franchise in

effect with a manufacturer or distributor authorized by the

manufacturer to make predelivery preparation of such vehicles sold

to purchasers and to perform post-sale work pursuant to the

manufacturer’s or distributor’s warranty. As used herein,

“authorized predelivery preparation” means the rendition by the

dealer of services and safety adjustments on each new motor vehicle

in accordance with the procedure and safety standards required by

the manufacturer of the vehicle to be made before its delivery to

the purchaser. “Performance of authorized post-sale work pursuant

to the warranty”, as used herein, means the rendition of services

which are required by the terms of the warranty that stands extended

to the vehicle at the time of its sale and are to be made in

accordance with the safety standards prescribed by the manufacturer.

The term includes premises or facilities at which a person engages

only in the repair of motor vehicles if repairs are performed

pursuant to the terms of a franchise and motor vehicle

manufacturer’s warranty. For the purpose of Sections 561 through

567, 572, 578.1, 579, and 579.1 of this title, the terms new motor

vehicle dealer and “new motor vehicle dealership” shall be

synonymous. The term new motor vehicle dealer does not include:

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a. receivers, trustees, administrators, executors,

guardians, or other persons appointed by or acting

under judgment or order of any court,

b. public officers while performing or in operation of

their duties,

c. employees of persons, corporations, or associations

enumerated in subparagraph a of this paragraph when

engaged in the specific performance of their duties as

such employees, or

d. a powersports vehicle dealer;

3. “Salesperson” means any person, resident or nonresident,

who, for gain or compensation of any kind, either directly or

indirectly, regularly or occasionally, by any form of agreement or

arrangement, sells or negotiates for the sale, lease, or conveyance

or arranges the financing of any new motor vehicle or powersports

vehicle as an employee for any new motor vehicle dealer or

powersports vehicle dealer to any one or more third parties;

4. “Commission” means the Oklahoma New Motor Vehicle

Commission;

5. “Manufacturer” means any person, firm, association,

corporation, or trust, resident or nonresident, that manufactures or

assembles new and unused motor vehicles or new and unused powersport

vehicles or that engages in the fabrication or assembly of motorized

vehicles of a type required to be registered in this state;

6. “Distributor” means any person, firm, association,

corporation, or trust, resident or nonresident, that, being

authorized by the original manufacturer, in whole or in part sells

or distributes new and unused motor vehicles to new motor vehicle

dealers or new and unused powersport vehicles to powersport vehicle

dealers, or that maintains distributor representatives;

7. “Factory branch” means any branch office maintained by a

person, firm, association, corporation, or trust that manufactures
hat, being

authorized by the original manufacturer, in whole or in part sells

or distributes new and unused motor vehicles to new motor vehicle

dealers or new and unused powersport vehicles to powersport vehicle

dealers, or that maintains distributor representatives;

7. “Factory branch” means any branch office maintained by a

person, firm, association, corporation, or trust that manufactures

or assembles motor vehicles or powersport vehicles for the sale of

motor vehicles or powersport vehicles to distributors, or for the

sale of motor vehicles to new motor vehicle dealers, or for the sale

of powersport vehicles to new powersport vehicle dealers, or for

directing or supervising, in whole or in part, its representatives;

8. “Distributor branch” means any branch office similarly

maintained by a distributor for the same purposes a factory branch

is maintained;

9. “Factory representative” means any officer, agent, employee,

or person engaged as a representative of a manufacturer of motor

vehicles or powersport vehicles or by a factory branch, for the

purpose of making or promoting the sale of its motor vehicles or

powersport vehicles, or for supervising or contacting its dealers or

prospective dealers;

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10. “Distributor representative” means any person, officer,

agent, or employee engaged as a representative of a distributor or

distributor branch of motor vehicles or powersport vehicles, for the

purpose of making or promoting the sale of its motor vehicles or

powersport vehicles, or for supervising or contacting its dealers or

prospective dealers;

11. “Franchise” means any contract or agreement between a new

motor vehicle dealer or a powersports vehicle dealer and a

manufacturer of a new motor vehicle or powersports vehicle or its

distributor or factory branch by which the new motor vehicle dealer

or new powersports vehicle dealer is authorized to engage in the

activities of a new motor vehicle dealer or new powersports vehicle

dealer as defined by this section;

12. “New or unused motor vehicle” means a vehicle which is in

the possession of the manufacturer or distributor or has been sold

only to the holder of a valid franchise granted by the manufacturer

or distributor for the sale of that make of new vehicle so long as

the manufacturer’s statement of origin has not been assigned to

anyone other than a licensed franchised new motor vehicle dealer of

the same line-make;

13. “Area of responsibility” means the geographical area, as

designated by the manufacturer, factory branch, factory

representative, distributor, distributor branch, or distributor

representative, in which the new motor vehicle dealer or powersports

dealer is held responsible for the promotion and development of

sales and rendering of service for the make of motor vehicle or

powersports vehicle for which the new motor vehicle dealer or new

powersports vehicle dealer holds a franchise or selling agreement;

14. “Off premises” means at a location other than the address

designated on the new motor vehicle dealer’s or new powersports

vehicle dealer’s license;

15. “Sponsoring entity” means any person, firm, association,

corporation, or trust which has control, either permanently or

temporarily, over the real property upon which the off-premises sale

or display is conducted;

16. “Product” means new motor vehicles and new motor vehicle

parts or new powersports vehicle and new powersports vehicle parts;

17. “Service” means motor vehicle or powersports vehicle

warranty repairs including both parts and labor;

18. “Lead” means a consumer contact in response to a factory

program designed to generate interest in purchasing or leasing a new

motor vehicle or new powersports vehicle;

19. “Sell” or “sale” means to sell or lease;

20. “Factory” means a manufacturer, distributor, factory

branch, distributor branch, factory representative, or distributor
cle

warranty repairs including both parts and labor;

18. “Lead” means a consumer contact in response to a factory

program designed to generate interest in purchasing or leasing a new

motor vehicle or new powersports vehicle;

19. “Sell” or “sale” means to sell or lease;

20. “Factory” means a manufacturer, distributor, factory

branch, distributor branch, factory representative, or distributor

representative, which manufactures or distributes vehicle products,

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motor vehicles or powersports vehicles, or that maintains factory

representatives;

21. “Powersports vehicle” means any new or unused motorcycles,

scooters, mopeds, all-terrain vehicles, and utility vehicles

required to be registered under the Oklahoma Vehicle License and

Registration Act, with the exception of all-terrain vehicles,

utility vehicles, and motorcycles used exclusively for off-road use

which are sold by a retail implement dealer;

22. “Powersports vehicle dealer” means any person, firm, or

corporation, resident or nonresident, that is in the business of

selling any new powersports vehicles except for retail implement

dealers;

23. “Retail implement dealer” means a business engaged

primarily in the sale of farm tractors as defined in Section 1-118

of this title or implements of husbandry as defined in Section 1-125

of this title or a combination thereof and is exempt from licensing

by the Commission for the sale of all-terrain vehicles, utility

vehicles, and motorcycles used exclusively for off-road use;

24. “Consumer data” means nonpublic personal information as

defined in 15 U.S.C., Section 6809(4) as it existed on January 1,

2023, that is:

a. collected by a new motor vehicle dealer, and

b. provided by the new motor vehicle dealer directly to a

manufacturer or third party acting on behalf of a

manufacturer.

The term shall not include the same or similar data obtained by

a manufacturer from any source other than the new motor vehicle

dealer or new motor vehicle dealer’s data management system; and

25. “Fleet vehicle” means a new motor vehicle sold and titled

or registered to a business and used for business purposes only.