For purposes of this chapter:

(1) “Do-not-drive recall” means a recall notice provided to owners of affected vehicles, pursuant to 49 U.S.C. § 30119, when the vehicle manufacturer, in its consumer precautionary advice section governed by 49 C.F.R. § 577.5, unconditionally instructs the owner to stop driving the vehicle until the noncompliance or defect remedy is performed;

Terms Used In Tennessee Code 55-29-102

  • Contract: A legal written agreement that becomes binding when signed.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Manufacturer: means every person engaged in the business of constructing or assembling vehicles of a type required to be registered at an established place of business in this state. See Tennessee Code 55-8-101
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Owner: means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title. See Tennessee Code 55-8-101
  • Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
  • Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(2) “Manufacturer” means any person or entity:

(A) That manufactures or assembles new and unused vehicles; or
(B) That in whole or in part sells or distributes any new and unused motor vehicles to motor vehicle dealers;
(3) “Motor vehicle” means any self-propelled motor-driven vehicle having a gross vehicle weight rating (GVWR) of ten thousand pounds (10,000 lbs.) or less of the type required to be registered and titled under this title and includes both new and used motor vehicles;
(4) “Motor vehicle dealer” or “dealer” means any person or entity not excluded by § 55-17-102 who is licensed as such in this state engaged in the business of selling, offering to sell, soliciting, or advertising the sale of motor vehicles, or possessing motor vehicles for the purpose of resale, either on that person’s own account or on behalf of another, either as that person’s primary business or incidental to that person’s business;
(5) “New motor vehicle” means any self-propelled motor-driven vehicle having a gross vehicle weight rating (GVWR) of ten thousand pounds (10,000 lbs.) or less that has never been the subject of a sale at retail to the general public;
(6) “Recall database” means a database from which an individual may obtain vehicle identification number (VIN) manufacturer’s safety recall information relevant to a specific motor vehicle, including, but not limited to, www.safercar.gov;
(7) “Recall database report” means a report, specific to a vehicle that is identified by its vehicle identification number (VIN), containing information obtained from a recall database;
(8) “Sale”:

(A) Means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, or mortgage in any form, whether by transfer in trust or otherwise, of any motor vehicle, or interest in the motor vehicle, as well as any option, subscription, or other contract, or solicitation looking to a sale, offer, or attempt to sell in any form, whether spoken or written; and
(B) Includes a gift or delivery of any motor vehicle with or as a bonus on account of the sale of anything;
(9) “Stop-sale order” means a notification issued by a manufacturer to its franchised motor vehicle dealers stating that certain used vehicles in inventory shall not be sold or leased, at retail, due to a federal safety recall for a defect or a noncompliance, or a federal emissions recall; and
(10) “Used motor vehicle” means a motor vehicle having a gross vehicle weight rating (GVWR) of ten thousand pounds (10,000 lbs.) or less that has been the subject of a sale at retail to the general public.
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