Title 23 — Public Utilities and Regulated Industries

This subchapter shall be known and may be cited as the “Recreational Vehicle Franchise Act”.

(1) The General Assembly finds that:(1) The distribution and sale of recreational vehicles vitally affects the general economy, the public interest, and the public welfare; and(2) It is necessary, in the exercise of the General Assembly's police power, to regulate and to license …

(1) As used in this subchapter:(1) “Area of sales responsibility” means the geographical area agreed to by the dealer and the manufacturer or distributor in a dealer agreement where the dealer has the exclusive right to display or sell the manufacturer or distributor's new recrea…

(a) The following acts are unlawful:(1) The violation of any of the provisions of this subchapter;(2) Engaging in business as, serving in the capacity of, or acting as a new recreational vehicle dealer, recreational vehicle manufacturer, recreational vehicle distributor, recreati…

(a) An application for a license required under this subchapter shall:(1) Be verified by the oath or affirmation of the applicant;(2) Be on a form prescribed by the Arkansas Motor Vehicle Commission and furnished to the applicant; and(3) Contain such information as the commission…

(a) The license issued to each recreational vehicle dealer, manufacturer, or distributor shall specify the location of the factory, office, branch, or division of the recreational vehicle dealer, manufacturer, or distributor. (b) In case the location is changed, the Arkansas Moto…

(a) A recreational vehicle factory representative shall have his or her license upon his or her person when engaged in his or her business and shall display the license upon request. (b) (1) The name of the employer of the factory representative shall be stated on the license.(2)…

A.C.A. § 23-112-1008Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(1) Unless the Arkansas Motor Vehicle Commission by rule provides to the contrary, all licenses issued to:(1) Recreational vehicle manufacturers, distributors, and their representatives expire June 30 following the date of issue; and(2) Recreational vehicle dealers expire Decembe…

This chapter shall be known and may be cited as the “Arkansas Motor Vehicle Commission Act”.

(a) The following conditions shall apply to the area of sales responsibility of a dealer included in a dealer agreement:(1) The manufacturer shall designate in the dealer agreement the area of sales responsibility exclusively assigned to the dealer;(2) The manufacturer shall not …

In a renewal of a dealer agreement, the manufacturer shall not impose on the dealer stocking requirements or retail sales targets that are inconsistent with market growth or contraction in the area of sales responsibility of the dealer.

(a) (1) A manufacturer or distributor, directly or through any authorized officer, agent, or employee, may terminate, cancel, or fail to renew a dealer agreement with or without good cause.(2) If the manufacturer or distributor terminates, cancels, or fails to renew the dealer ag…

(1) If the dealer agreement is terminated, canceled, or not renewed by the manufacturer or distributor without good cause under § 23-112-1011 or by the dealer for good cause as defined in § 23-112-1011 and the manufacturer fails to cure the claimed deficiencies under § 23-112-101…

(a) A dealer is not prohibited from selling the remaining in-stock inventory of a particular line-make after a dealer agreement has been terminated or not renewed under § 23-112-1012. (b) If recreational vehicles of a line-make are not returned or required to be returned to the m…

(a) The following conditions apply to a proposed sale of the business assets, transfer of the stock, or other transaction that will result in a change of ownership of a dealer, except a transaction described in subsection (b) of this section:(1) The dealer shall:(A) Provide writt…

(a) Each warrantor shall:(1) Specify in writing to each of its dealers the obligations for preparation, delivery, and warranty service on its products;(2) Compensate the dealer for warranty service required of the dealer by the warrantor;(3) (A) Provide the dealer:(i) The schedul…

(a) All the following apply if a new recreational vehicle is damaged before transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor:(1) The dealer shall notify the manufacturer o…

(a) A manufacturer or distributor shall not coerce or attempt to coerce a dealer to:(1) Purchase a product that the dealer did not order;(2) Enter into an agreement with the manufacturer or distributor; or(3) Enter into an agreement that requires the dealer to submit its disputes…

(a) For any of the following reasons, the Arkansas Motor Vehicle Commission may deny an application for a license required by this subchapter or revoke or suspend a license after it has been granted:(1) (A) Selling or soliciting sales of a recreational vehicle without:(i) A deale…

(a) The General Assembly finds and declares that the distribution and sale of motor vehicles in Arkansas vitally affects the general economy of the state and the public interest and the public welfare. (b) The General Assembly further finds and declares that it is necessary, in t…

(a) For a monetary penalty in lieu of suspension or revocation of a license, the following apply:(1) (A) If after alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that a person holding a license under this subchapter is guilty of a violati…

(a) The Arkansas Motor Vehicle Commission may enter orders that direct compliance with this subchapter and rules under this subchapter if any of the following conditions have been met:(1) The commission has conducted a hearing within sixty (60) days on the matter;(2) The commissi…

(a) (1) A dealer, manufacturer, distributor, or warrantor injured by another party's violation of this subchapter may bring a civil action in circuit court to recover actual damages.(2) The court shall award attorney's fees and costs to the prevailing party in such an action. (1)…

(a) In addition to any remedy provided in this subchapter or otherwise available by law, a manufacturer, distributor, warrantor, or a dealer may apply to a court of competent jurisdiction for the issuance, upon a hearing and for cause shown, of a temporary or permanent injunction…

(1) As used in this chapter:(1) “Advertisement” means an oral, written, telecommunicated, graphic, pictorial, or other statement made in the course of soliciting business, including without limitation, a statement or representation made in a newspaper, magazine, internet, or othe…

(a) The Arkansas Motor Vehicle Commission shall be entitled to seek an injunction upon affidavit in the circuit court for the county in which the commission's office is located to prevent any person, firm, partnership, association, corporation, or legal entity from violating any …

(a) A licensee suffering pecuniary loss because of any willful failure by any other licensee to comply with this chapter, other than a new automobile or truck dealer's failure to comply with § 23-112-301(d)(1) and (2) or with any rule promulgated by the Arkansas Motor Vehicle Com…

(a) The Arkansas Motor Vehicle Commission may enter orders that direct and command compliance with this chapter and rules under this chapter if any of the following conditions have been met:(1) The commission has conducted a hearing within sixty (60) days on the matter;(2) The co…

(a) As used in this section:(1) “Authorized representative” means a person who is the attorney-in-fact for an owner or a person who has been appointed the administrator or personal representative of the estate of the owner;(2) “Motor vehicle event data recorder” means a factory-i…

(a) There is created the Arkansas Motor Vehicle Commission, hereinafter referred to as the “commission”, to be composed of nine (9) members to be appointed by the Governor for terms of seven (7) years, subject to confirmation by the Senate. (b) (1) One (1) commissioner shall be a…

(a) The Arkansas Motor Vehicle Commission shall meet at Little Rock and complete its organization immediately after the entire membership thereof has been appointed and has qualified. (b) Before entering upon the discharge of the duties of his or her office, the Chair of the Arka…

(a) (1) The Arkansas Motor Vehicle Commission in consultation with the Secretary of the Department of Labor and Licensing shall employ a qualified person to serve as Director of the Arkansas Motor Vehicle Commission, to serve at the pleasure of the commission, and shall fix his o…

The Arkansas Motor Vehicle Commission shall have power to prescribe, issue, amend, and rescind, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., such reasonable rules as may be reasonably necessary or appropriate to carry out the provisions of this chap…

(a) All funds received by the Arkansas Motor Vehicle Commission shall be deposited into the State Treasury as special revenues to the credit of a special fund to be known as the “Motor Vehicle Commission Fund”. (b) All expenses incurred in the organization, maintenance, operation…

A.C.A. § 23-112-206Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) The Automotive Technologist Education Grant Program is established within the Arkansas Motor Vehicle Commission. (b) (1) The commission shall use the Automotive Technologist Education Grant Program to provide discretionary grants to career education programs with a focus on t…

(a) Notwithstanding any other statute, the following acts are declared to be unlawful:(1) The violation of any of the provisions of this chapter; and(2) For any person to engage in business as, serve in the capacity of, or act as a new motor vehicle dealer, motor vehicle lessor, …

(a) Applications for licenses required to be obtained under the provisions of this chapter shall:(1) Be verified by the oath or affirmation of the applicants;(2) Be on forms prescribed by the Arkansas Motor Vehicle Commission and furnished to the applicants; and(3) Contain such i…

(a) All applications for licenses shall be accompanied by the appropriate fees in accordance with the schedule set out in this subchapter. (b) In the event any application is denied and the license applied for is not issued, the entire license fee shall be returned to the applica…

(a) The license issued to each motor vehicle dealer, manufacturer, distributor, factory branch or division, or distributor branch or division shall specify the location of the factory, office, branch, or division thereof. (b) In case the location is changed, the Arkansas Motor Ve…

(a) Every motor vehicle factory representative or distributor representative shall have his or her license upon his or her person when engaged in his or her business and shall display the license upon request. (b) The name of the employer of the factory representative or distribu…

A.C.A. § 23-112-306Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(1) Unless the Arkansas Motor Vehicle Commission by rule provides to the contrary, all licenses issued to:(1) Manufacturers, distributors, factory or distributor branches, importers, second-stage manufacturers, converters, and their representatives expire June 30 following the da…

(a) Notwithstanding any other statute, the Arkansas Motor Vehicle Commission may deny an application for a license or revoke or suspend a license after it has been granted for any of the following reasons:(1) (A) For selling or soliciting sales of a motor vehicle without:(i) A mo…

(a) (1) If after alternative proceedings or notice and hearing the Arkansas Motor Vehicle Commission finds that any person holding a license under this chapter is guilty of any violation of this chapter or rules promulgated under this chapter, it shall have the power and authorit…

(a) (1) Every licensed motor vehicle manufacturer, distributor, second-stage manufacturer, importer, or converter shall file with the Arkansas Motor Vehicle Commission with its initial application for a license:(A) A copy of the documents stating the delivery, preparation, and wa…

(a) (1) In all instances, when a manufacturer or distributor seeks to enter into a franchise establishing an additional new motor vehicle dealer or relocating an existing new motor vehicle dealer within or into a relevant market area where the same line make is then represented, …

(a) The Arkansas Motor Vehicle Commission may enter into reciprocal agreements with motor vehicle commissions or their equivalents in other states to allow motor vehicle dealers who are licensed in those states to obtain a temporary permit in this state, pursuant to the rules pro…

(a) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall properly fulfill any warranty or recall campaign agreements and adequately and fairly compensate each of its motor vehicle dealers fo…