Code of Alabama

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32-8-31
Section 32-8-31 Exemptions. No certificate of title shall be issued under this chapter for
any of the following: (1) A vehicle owned by the United States or any agency thereof. (2)
A vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved
on the highway or used for purposes of testing or demonstration, or a vehicle used by a manufacturer
solely for testing. (3) A vehicle owned by a nonresident of this state and not required by
law to be registered in this state. (4) A vehicle for which the Alabama license plate issuing
official has verified that both the current owner and operator is recorded as the owner and
operator on a currently effective certificate of title issued by another state and the certificate
of title is being held by a recorded lienholder. (5) A vehicle moved solely by animal power.
(6) An implement of husbandry. (7) Special mobile equipment. (8) A pole trailer. (9) A trailer,
semi-trailer, travel trailer, or moving collapsible and...
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40-12-390
Section 40-12-390 Definitions. The following words and phrases, when used in this article,
shall have the following meanings: (1) COMMISSIONER. The state Commissioner of Revenue. (2)
DEPARTMENT. The Department of Revenue. (3) DISTRIBUTOR. Any person engaged in the business
of selling or distributing new motor vehicles to new motor vehicle dealers. (4) FACILITATOR.
Any person or his or her designee who facilitates an off-site sale licensed under Section
40-12-395. The term may include the owner of the property where the off-site sale is being
conducted. (5) MANUFACTURER. Any person engaged in the business of manufacturing or assembling
new and unused motor vehicles. (6) MASTER DEALER LICENSE. The license issued by the department
pursuant to this article. (7) MOTOR VEHICLE. Any motor vehicle as defined in Section 40-12-240,
but the term shall not include any trailer not required to have a certificate of title. (8)
MOTOR VEHICLE REBUILDER. Any person engaged in the business of making or...
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8-21C-4
Section 8-21C-4 Manufacturer and dealer agreement - Termination, cancellation, etc. (a) A manufacturer
or distributor, directly or through any authorized officer, agent, or employee, may terminate,
cancel, or fail to renew a manufacturer and dealer agreement with or without cause. If the
manufacturer or distributor terminates, cancels, or fails to renew a manufacturer and dealer
agreement without cause, the manufacturer or distributor shall comply with Section 8-21C-5.
If the manufacturer or distributor terminates, cancels, or fails to renew a manufacturer and
dealer agreement with cause, Section 8-21C-5 does not apply. (b) A manufacturer or distributor
has the burden of showing cause for terminating, canceling, or failing to renew a manufacturer
and dealer agreement with a dealer. For purposes of determining whether there is cause for
the proposed action, any of the following factors may be considered: (1) The extent of the
affected dealer's penetration in the area of sales...
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8-21C-5
Section 8-21C-5 Manufacturer and dealer agreement - Actions upon failure to cure deficiencies.
(a) If the manufacturer and dealer agreement is terminated, canceled, or not renewed by the
manufacturer or distributor without cause as defined in subsection (b) of Section 8-21C-4
or if the dealer terminates or cancels the manufacturer and dealer agreement for cause as
defined in subsection (f) of Section 8-21C-4, and the manufacturer or distributor fails to
cure the claimed deficiencies within the time provided in Section 8-21C-4, the manufacturer
or distributor, at the election of the dealer and within 45 days after termination, cancellation,
or nonrenewal, shall do all of the following: (1) Repurchase all new, untitled recreational
vehicles that were acquired and delivered to the dealership from the manufacturer or distributor
within 12 months before the effective date of the notice of termination, cancellation, or
nonrenewal that have not been used, except for demonstration purposes,...
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32-5A-330
Section 32-5A-330 Definitions; applicability; violations. (a) As used in this section, the
following terms are defined: (1) OPEN CONTAINER. A container which is other than in the manufacturer's
sealed condition. (2) PUBLIC HIGHWAY or RIGHT-OF-WAY OF A PUBLIC HIGHWAY. The entire width
between and immediately adjacent to the boundary lines of any public road, street, highway,
interstate, or other publicly maintained way when any part is open to the use of the public
for purposes of motor vehicle travel. (b) It is unlawful for a person to have in his or her
possession alcoholic beverages in an open container in the passenger area of a motor vehicle
of any kind on a public highway or right-of-way of a public highway of this state. (c) This
section shall not apply to: (1) A passenger of a motor vehicle designed, maintained, or primarily
used for the transportation of persons for compensation and the driver holds a valid commercial
driver's license. (2) A passenger of a bus for which the...
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8-20-5
Section 8-20-5 Limitations on cancellations, modifications, terminations, and nonrenewals of
franchise relationships. (a) Notwithstanding the terms, provisions, or conditions of any agreement
or franchise or notwithstanding the terms or provisions of any waiver, no manufacturer shall
cancel, terminate, modify, fail to renew, or refuse to continue any franchise relationship
with a licensed new motor vehicle dealer unless the manufacturer has: (1) Satisfied the notice
requirement of this section. (2) Acted in good faith as defined in this chapter. (3) Has good
cause for the cancellation, termination, modification, nonrenewal, or noncontinuance. (b)
Notwithstanding the terms, provisions, or conditions of any agreement or franchise or the
terms or provisions of any waiver, good cause shall exist for the purposes of a termination,
cancellation, modification, nonrenewal, or noncontinuance when: (1) There is a failure by
the new motor vehicle dealer to comply with a provision of the franchise...
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8-20A-1
Section 8-20A-1 Definitions. As used in this chapter, the following terms shall have the respective
meanings as indicated: (1) CONSUMER. The purchaser, other than for purposes of resale, of
a new or previously untitled motor vehicle used in substantial part for personal, family,
or household purposes, and any other person entitled by the terms of such warranty to enforce
the obligations of the warranty. (2) MOTOR VEHICLE. Every vehicle intended primarily for use
and operation on the public highways which is self-propelled; provided, however, that the
term "motor vehicle" shall not apply to motor homes or to any motor vehicle having
a manufacturer's gross vehicle weight rating (GVWR) of 10,000 pounds or more. (3) MANUFACTURER.
The person, firm, or corporation engaged in the business of manufacturing, importing and/or
distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.
(4) MOTOR VEHICLE DEALER or AUTHORIZED DEALER. The person, firm, or corporation...
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8-21C-7
Section 8-21C-7 Duties of warrantors; warranty claims. (a) Each warrantor shall do all of the
following: (1) Specify in writing each of its dealer obligations, if any, for preparation,
delivery, and warranty service on its products. (2) Compensate a dealer for warranty service
required of the dealer by the warrantor. (3) Provide a dealer the schedule of compensation
to be paid and the time allowances for the performance of any work and service. The schedule
of compensation shall include reasonable compensation for diagnostic work as well as warranty
labor. (b) Time allowances for the diagnosis and performance of warranty labor shall be reasonable
for the work to be performed. In the determination of what constitutes reasonable compensation
under this section, the principal factors to be given consideration shall be the actual wage
rates being paid by the dealer and the actual retail labor rate being charged by the dealers
in the community in which the dealer is doing business. The...
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34-27-50
Section 34-27-50 Definitions. For the purposes of this article, the following terms shall have
the meaning respectively ascribed to them by this section: (1) ACCOMMODATIONS. Any hotel or
motel room, condominium, or cooperative unit, cabin, lodge, apartment, or any other private
or commercial structure designed for occupancy by one or more individuals or any recreational
vehicle campsite or campground. (2) BUSINESS ENTITY. Any individual, corporation, firm, association,
joint venture, partnership, trust, estate, business trust, syndicate, fiduciary, and any other
group or combination which engages in acts or practices in any trade or commerce. (3) CONTRACT.
Any contract, promissory note, credit agreement, negotiable instrument, lease, use agreement,
license, security, or other muniment conferring on the purchaser the rights, benefits, and
obligations of a vacation time-sharing plan. (4) COMMISSION. The Alabama Real Estate Commission.
(5) COMMISSIONER. A member of the Alabama Real Estate...
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40-23-2
Section 40-23-2 Tax levied on gross receipts; certain sales exempt; disposition of funds. There
is levied, in addition to all other taxes of every kind now imposed by law, and shall be collected
as herein provided, a privilege or license tax against the person on account of the business
activities and in the amount to be determined by the application of rates against gross sales,
or gross receipts, as the case may be, as follows: (1) Upon every person, firm, or corporation,
(including the State of Alabama and its Alcoholic Beverage Control Board in the sale of alcoholic
beverages of all kinds, the University of Alabama, Auburn University, and all other institutions
of higher learning in the state, whether the institutions be denominational, state, county,
or municipal institutions, any association or other agency or instrumentality of the institutions)
engaged or continuing within this state, in the business of selling at retail any tangible
personal property whatsoever, including...
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