§ 218.10 — Definitions.

Wisconsin § 218.10

• Jurisdiction: Wisconsin
• Ch. 218: Finance companies, auto dealers, adjustment companies and collection agencies
• Subch.: subch. VI of ch. 218 SUBCHAPTER VI

Text

218.10 In this subchapter:
218.10(1b) (1b) “Area of sales responsibility” means the geographical area agreed to by the dealer and the manufacturer or distributor in a dealer agreement within which the dealer has the exclusive right to display or sell the manufacturer’s new recreational vehicles of a particular line-make.
218.10(1c) (1c) “Camping trailer” means a vehicle with a collapsible or folding structure designed to provide temporary living quarters for recreational, camping, or travel use and to be towed upon a highway by a motor vehicle.
218.10(1d) (1d) “Component manufacturer” means a person, firm, corporation, or business entity that engages in the manufacturing of components, accessories, or parts used in manufacturing recreational vehicles.
218.10(1g) (1g) “Dealer”, unless the context requires otherwise, means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in a recreational vehicle or who is engaged wholly or in part in the business of selling recreational vehicles, whether or not the recreational vehicles are owned by the person, but does not include:
218.10(1g)(a) (a) A receiver, trustee, personal representative, guardian, or other person appointed by or acting under the judgment or order of any court.
218.10(1g)(b) (b) Any public officer while performing that officer’s official duty.
218.10(1g)(c) (c) Any employee of a person enumerated in par. (a) or (b) .
218.10(1g)(d) (d) Any lender as defined in s. 421.301 (22) .
218.10(1g)(e) (e) A person transferring a recreational vehicle registered in that person’s name and used for that person’s personal, family or household purposes, if the transfer is an occasional sale and is not part of the business of the transferor.
218.10(1i) (1i) “Dealer agreement” means a written agreement or contract entered into by a dealer and a manufacturer or distributor that fixes the rights and responsibilities of the parties and pursuant to which the dealer sells new recreational vehicles.
218.10(1m) (1m) “Department” means the department of transportation, unless the context requires otherwise.
218.10(1n) (1n) “Distributor” means a resident or nonresident who, in whole or in part, sells or distributes new recreational vehicles to recreational vehicle dealers or who maintains distributor representatives.
218.10(1o) (1o) “Factory campaign” means an effort on the part of a warrantor to contact recreational vehicle owners or dealers in order to address a part or equipment issue.
218.10(1p) (1p) “Family member” means an individual’s spouse or an individual’s child, grandchild, parent, sibling, niece, or nephew or the spouse of any of these.
218.10(1q) (1q) “Fifth-wheel recreational vehicle” means a recreational vehicle that is mounted on wheels, that is of a size and weight such that a special highway movement permit is not required, and that is designed to be towed by a motor vehicle utilizing a kingpin and 5th wheel coupling device mounted above or forward of the rear axle of the tow vehicle.
218.10(1r) (1r) “License period” means the period during which a license issued under s. 218.11 or 218.12 is effective, as established by the department under s. 218.11 (2) (b) 1. or 218.12 (2) (b) 1.
218.10(1t) (1t) “Line-make” means a specific series of recreational vehicle products, the sale of which may be authorized by a dealer agreement, that satisfies all of the following:
218.10(1t)(a) (a) Is targeted to a particular market segment, as determined by the decor, features, equipment, size, weight, and price range.
218.10(1t)(b) (b) Has lengths and interior floor plans that distinguish the series of recreational vehicle products from other series with substantially the same decor, features, equipment, weight, and price.
218.10(1t)(c) (c) Belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body.
218.10(1x) (1x) “Manufacturer” means any person within or without this state who manufactures or assembles recreational vehicles for sale in this state.
218.10(2) (2) “Model” is a series of recreational vehicle products identified by a common series trade name or trademark that is a subset of a line-make.
218.10(7) (7) “New recreational vehicle” means a recreational vehicle which has never been occupied, used or sold for personal or business use.
218.10(7m) (7m) “Park model recreational vehicle” means a recreational vehicle that is all of the following:
218.10(7m)(a) (a) Designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use.
218.10(7m)(b) (b) Not permanently affixed to real property for use as a permanent dwelling.
218.10(7m)(c) (c) Built on a single chassis mounted on wheels with a gross trailer area not exceeding 400 square feet in the setup mode.
218.10(7m)(d) (d) Certified by the manufacturer as complying with the ANSI A119.5 Park Model Recreational Vehicle Standard.
218.10(7w) (7w) “Proprietary part” means any part manufactured by or for and sold exclusively by the manufacturer.
218.10(8m) (8m) “Recreational vehicle” means a vehicle that is designed to be towed upon a highway by a motor vehicle, that is equipped and used, or intended to be used, primarily for temporary or recreational human habitation, and that does not exceed 46 feet in length. “Recreational vehicle” includes a camping trailer, 5th-wheel recreational vehicle, park model recreational vehicle, and travel trailer.
218.10(8t) (8t) “Salesperson”, unless the context requires otherwise, means any person who is employed by a manufacturer or dealer to sell or lease recreational vehicles.
218.10(8u) (8u) “Transient customer” means a customer who is temporarily traveling through a dealer’s area of sales responsibility.
218.10(8v) (8v) “Travel trailer” means a vehicle that is mounted on wheels, that is designed to provide temporary living quarters for recreational, camping, or travel use, and that is of a size or weight that a special highway movement permit is not required when towed by a motor vehicle.
218.10(9) (9) “Used recreational vehicle” means a recreational vehicle which has previously been occupied, used or sold for personal or business use.
218.10(10) (10) “Warrantor” means a person, firm, corporation, or business entity that gives a warranty in connection with a new recreational vehicle or parts, accessories, or components of a new recreational vehicle.
218.10(11) (11) “Warranty” does not include service contracts, mechanical or other insurance, or extended warranties sold for separate consideration by a dealer or other person not controlled by a manufacturer.

Legislative History

218.10 History History: 1973 c. 116 , 132 ; 1989 a. 31 ; 1991 a. 39 , 269 , 316 ; 1999 a. 9 ; 2001 a. 102 ; 2007 a. 11 ; 2023 a. 164 .