28-4531. Definitions

In this article, unless the context otherwise requires:

1. " Cargo" means commercial or industrial items but does not include personal items such as luggage and camping equipment.

2. " Dealer" means a new motor vehicle dealer, a used motor vehicle dealer or a wholesale motor vehicle dealer.

3. " Employee of the dealer" means any of the following:

(a) An employee who is paid compensation and who appears on the records of the dealer as an employee for whom social security, withholding taxes and all other deductions required by law for employees are made and for whom all applicable payroll taxes are paid by the dealer.

(b) An independent contractor who appears on the records of the dealer and who is paid compensation for specific services that are performed for the dealer and that require the operation of dealer owned vehicles.

(c) An immediate family member of the dealer who appears on the records of the dealer and who is paid compensation for specific services that are performed for the dealer and that require the operation of dealer owned vehicles. For the purposes of this subdivision, " immediate family member" means a spouse or a parent, child, brother or sister whether related by adoption or blood.

4. " Employee of the manufacturer" means an employee who is paid compensation and who appears on the records of the manufacturer as an employee for whom social security, withholding taxes and all other deductions required by law for employees are made and for whom all applicable payroll taxes are paid by the manufacturer.

5. " Full-time employee of the dealer" means a person who qualifies as an employee of the dealer and who works at least twenty-four hours each week for the dealer.

6. " Full-time employee of the manufacturer" means a person who qualifies as an employee of the manufacturer and who works at least twenty-four hours each week for the manufacturer.

7. " Manufacturer" means a person engaged in the business of manufacturing motor vehicles, trailers or semitrailers or a person engaged in the manufacture of integrated automotive systems and modules that are being tested at or in conjunction with a facility located in this state.

8. " Manufacturer's service program" means a program that originates from a manufacturer and is imposed on that manufacturer's dealers, that provides for the use of new motor vehicles in connection with a new motor vehicle dealer's service operations and that imposes certain duration and mileage restrictions on the use of those new motor vehicles.

9. " Modules" means groups of component parts that are arranged in close physical proximity to each other within a vehicle and that may be assembled by the supplier and shipped to the manufacturer for installation in a vehicle as a unit.

10. " Systems" means groups of component parts that are located throughout a vehicle and that operate together to provide a specific vehicle function.