§ 31-16-101 — Definitions

(a) As used in this act:
(i) "Coerce" means compelling another to do what he
is not otherwise required to do or not to do what he otherwise
has a right to do;
(ii) "Department" means the department of
transportation;
(iii) "Designated family member" means:
(A) The spouse, child, grandchild, parent,
brother or sister of the owner of a new motor vehicle dealership
who, in the case of the owner's death, is entitled to inherit
the ownership interest in the new motor vehicle dealership under
the terms of the owner's will or applicable intestate laws;
(B) A person who has been nominated by the owner
of a new motor vehicle dealership as the successor to the
dealership in any written instrument filed with the
manufacturer; or
(C) In the case of an incapacitated owner of a
new motor vehicle dealership, the person who has been appointed
by a court as the legal representative of the incapacitated
owner's property.
(iv) "Director" means the director of the department;
(v) "Distributor" means a person who has a franchise
from a manufacturer of vehicles to distribute vehicles in this
state, and who in whole or in part sells or distributes new
vehicles to vehicle dealers or who maintains distributor
representatives;
(vi) "Distributor branch" means a branch office
maintained by a distributor for the same purposes for which a
factory branch is maintained;
(vii) "Distributor representative" means a person
engaged as a representative of a distributor or distributor
branch for the purpose of making or promoting the sale of its
vehicles or for supervising or contacting its dealers or
prospective dealers;
(viii) "Factory branch" means a branch office
maintained by a manufacturer for the sale of vehicles to
distributors, for the sale of vehicles to vehicle dealers or for
directing or supervising, in whole or in part, its
representatives;
(ix) "Factory representative" means a person engaged
as a representative of a manufacturer or by a factory branch for
the purpose of making or promoting a sale of its vehicles, or
for supervising or contacting its dealers or prospective
dealers;
(x) "Franchise or dealer's selling agreement",
hereinafter referred to as the "sales and services agreement",
means a contract or agreement between a vehicle dealer and a
manufacturer or its distributor or factory branch by which the
dealer is authorized to engage in the business of selling any
specified make of new vehicles;
(xi) "Motor vehicle" means a self-propelled vehicle,
excluding a motor home and which:
(A) Is intended for registration and use on the
public highways; and
(B) Has at least three (3) wheels.
(xii) "New vehicle" means a motor vehicle which is in
the possession of a manufacturer or has been sold by a
manufacturer for distribution in the United States to the
holders of a valid sales and service agreement, franchise or
contract granted by the manufacturer for sale of the new motor
vehicle and which is in fact new and on which the original motor
vehicle title has not been issued from the franchised dealer;
(xiii) "Manufacturer" means a person engaged in the
business of constructing or assembling vehicles which are
subject to registration in this state and, except where
otherwise provided, "manufacturer" means a distributor, a
factory branch, distributor branch or other representative
thereof, but excludes any person whose principal business is
wholesale and retail financing. The term includes direct sale
manufacturers;
(xiv) "Principal place of business" means:
(A) For dealers selling fewer than twelve (12)
vehicles in any twelve (12) consecutive month period, a
permanent commercial building located within the state of
Wyoming at which the business of a new motor vehicle dealer may
be lawfully carried on in accordance with the terms of all
applicable building codes, zoning and other land-use regulatory
ordinances, and in which building the public may contact the
vehicle dealer or his vehicle salesman at all reasonable times,
and at which place of business shall be kept and maintained the
books, records and files necessary to conduct the business. The
business shall be sufficiently identified with an exterior sign
permanently affixed to the building or land with letters clearly
visible from the highway facing the site and designated to
indicate the nature of the business and the telephone number of
the business. A dedicated telephone number shall be required for
the principal place of business;
(B) For dealers selling twelve (12) or more
vehicles in any twelve (12) consecutive month period, a site
upon which a permanent building is located containing adequate
facilities to carry on the business of a licensed dealer and
used to conduct business as a dealer and not primarily used as,
or attached directly to, a residence, with space thereon or
contiguous thereto adequate to permit the display of at least
five (5) vehicles and sufficiently identified with an exterior
sign permanently affixed to the building or land with letters
clearly visible from the highway facing the site and designated
to indicate the nature of the business. The facilities, sign and
space for display shall be in compliance with all applicable
zoning ordinances prescribed by the municipality or county in
which they are located and in which building the public may
contact the vehicle dealer or the dealer's salespersons during
the declared business hours, and at which place of business
shall be kept and maintained the books, records and files as
required by W.S. 31-11-107(a) and (b) necessary to conduct the
business. A dedicated telephone number shall be required for the
principal place of business with a published phone number listed
in the principal place of business;
(xv) "Relevant market area" means that marketing area
as defined by the sales and service agreement granted by the
manufacturer, distributor or wholesaler and held by a new
vehicle dealer;
(xvi) "Used vehicle" means any vehicle other than a
new vehicle;
(xvii) Repealed By Laws 2001, Ch. 24, § 2.
(xviii) "Vehicle dealer" or "dealer" means any person
engaged in the business of selling or exchanging vehicles or who
buys and sells, or exchanges retail three (3) or more vehicles
or six (6) or more new vehicles with a gross vehicle weight
rating over twenty-six thousand (26,000) pounds in any twelve
(12) consecutive month period, but does not include any
insurance company, finance company, public utility company or
person coming into possession of any vehicle as an incident to
its regular business who sells that vehicle, or who sells that
vehicle under any contractual rights it may have with respect
thereto. Vehicle dealers are classified as follows:
(A) A "new vehicle dealer" means a vehicle
dealer that deals solely in new vehicles or in new and used
vehicles. It also includes a person who in the ordinary course
of business is engaged in the business of selling new motor
vehicles to consumers or other end users and who holds a valid
sales and service agreement, franchise or contract, granted by a
manufacturer, distributor or wholesaler for the sale of its
motor vehicles;
(B) A "used vehicle dealer" means a vehicle
dealer that deals solely in used vehicles;
(C) Repealed by Laws 1997, ch. 154, § 3.
(xix) "Wholesaler" means a person who sells used
vehicles to Wyoming vehicle dealers;
(xx) "This act" means W.S. 31-16-101 through
31-16-127;
(xxi) Repealed by Laws 2021, ch. 64, § 2.
(xxii) "Established place of business" means each
place actually occupied either continuously or at regular
periods by a manufacturer where the manufacturer's books and
records are kept and a large share of the manufacturer's
business is conducted;
(xxiii) "Recreational vehicle" means a vehicle
designed primarily as living quarters for recreational, camping,
vacation or travel use which has an electrical system which
operates above twelve (12) volts and has a plumbing and heating
system;
(xxiv) "Retail vehicle sale" means the lease of a
vehicle or transfer of title of a vehicle to another person in
exchange for value but excludes a transfer for the purpose of
resale;
(xxv) "Vehicle" means as defined in W.S.
31-1-101(a)(xxvi);
(xxvi) A "Wyoming based manufacturer" means a person
with an established place of business in Wyoming who is engaged
in the business of manufacturing, constructing or assembling new
and unused vehicles or their major component parts or both and
sells new and unused vehicles to dealers, wholesalers,
distributors or the general public. The term includes a factory
branch office of the manufacturer, or any partnership, firm,
association, joint venture, corporation or trust which is
controlled by the manufacturer;
(xxvii) "Agent" means a person other than a holder of
any vehicle dealer's license issued by the department who, for
salary, commission or compensation of any kind, negotiates in
any way for the sale, purchase, order or exchange of vehicles;
(xxviii) "Applicant" means any person, corporation,
limited liability company, limited partnership or any other
entity that files an application with the department for a
vehicle dealer's license under this act;
(xxix) "Licensed dealer" means a vehicle dealer that
is licensed by the department pursuant to this act as a new
vehicle dealer or a used vehicle dealer;
(xxx) "Salesperson" means an individual who, for
salary, commission or compensation of any kind, is employed
either directly, indirectly, regularly or occasionally by any
new vehicle dealer or any used vehicle dealer to sell, purchase
or exchange vehicles;
(xxxi) A "direct sale manufacturer" means a person
licensed under W.S. 31-16-104(a)(ix) who is engaged in the
business of manufacturing, constructing or assembling new and
unused vehicles and who sells and services, at a facility
physically located in the state, vehicles of that manufacturer's
line make to the general public. A direct sale manufacturer
shall not include an affiliate or wholly owned subsidiary of a
manufacturer's line make that is presently sold or has
previously been sold in this state through a new vehicle dealer;
(xxxii) "Sales authorization" means a document from a
manufacturer or distributor of trailers as defined by W.S. 31-1-
101(a)(xxiii) that does not contract through enfranchisement,
authorizing a dealer to engage in the business of selling any
specified make of trailer other than a house trailer as defined
by W.S. 31-1-101(a)(xxiii)(A) or a semitrailer as defined by
W.S. 31-1-101(a)(xxiii)(B).
(b) Repealed by Laws 2021, ch. 64, § 2.