Maine Revised Statutes Title 10 Sec. 1161 – Definitions
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As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 145 (NEW).]
1. Consumer. “Consumer” means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle and any other person entitled by the terms of the warranty to enforce the obligations of the warranty, except that the term “consumer” shall not include any governmental entity, or any business or commercial enterprise which registers 3 or more motor vehicles.
[PL 1987, c. 359, §1 (AMD).]
Terms Used In Maine Revised Statutes Title 10 Sec. 1161
- Consumer: means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle and any other person entitled by the terms of the warranty to enforce the obligations of the warranty, except that the term "consumer" shall not include any governmental entity, or any business or commercial enterprise which registers 3 or more motor vehicles. See Maine Revised Statutes Title 10 Sec. 1161
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Manufacturer: means manufacturer, importer, distributor or anyone who is named as the warrantor on an express written warranty on a motor vehicle. See Maine Revised Statutes Title 10 Sec. 1161
- Motor vehicle: means any motor driven vehicle, designed for the conveyance of passengers or property on the public highways that is sold or leased in this State, except that the term "motor vehicle" does not include any vehicle used primarily for commercial purposes with a gross vehicle weight of 8,500 pounds or more. See Maine Revised Statutes Title 10 Sec. 1161
- Reasonable allowance for use: means an amount that can not exceed the lesser of 1/3 of that amount allowed per mile by the United States Internal Revenue Service as provided by regulation, revenue procedure or revenue ruling promulgated under the United States Internal Revenue Code, Title 26, Section 162 for the use of a personal vehicle for business purposes based upon the mileage reported for that motor vehicle on the application for state-certified arbitration accepted by the State plus all mileage directly attributable to use by a consumer beyond 20,000 miles or 10% of the purchase price of the vehicle. See Maine Revised Statutes Title 10 Sec. 1161
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State-certified arbitration: means the informal dispute settlement procedure administered by the Department of the Attorney General which arbitrates consumer complaints dealing with new motor vehicles that may be so defective as to qualify for equitable relief under the Maine lemon laws. See Maine Revised Statutes Title 10 Sec. 1161
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Manufacturer. “Manufacturer” means manufacturer, importer, distributor or anyone who is named as the warrantor on an express written warranty on a motor vehicle.
[PL 1983, c. 145 (NEW).]
3. Motor vehicle. “Motor vehicle” means any motor driven vehicle, designed for the conveyance of passengers or property on the public highways that is sold or leased in this State, except that the term “motor vehicle” does not include any vehicle used primarily for commercial purposes with a gross vehicle weight of 8,500 pounds or more.
[PL 2003, c. 337, §2 (AMD).]
4. Reasonable allowance for use. “Reasonable allowance for use” means an amount that can not exceed the lesser of 1/3 of that amount allowed per mile by the United States Internal Revenue Service as provided by regulation, revenue procedure or revenue ruling promulgated under the United States Internal Revenue Code, Title 26, Section 162 for the use of a personal vehicle for business purposes based upon the mileage reported for that motor vehicle on the application for state-certified arbitration accepted by the State plus all mileage directly attributable to use by a consumer beyond 20,000 miles or 10% of the purchase price of the vehicle.
[PL 2003, c. 337, §3 (AMD).]
5. State-certified arbitration. “State-certified arbitration” means the informal dispute settlement procedure administered by the Department of the Attorney General which arbitrates consumer complaints dealing with new motor vehicles that may be so defective as to qualify for equitable relief under the Maine lemon laws.
[PL 1989, c. 570, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 145 (NEW). PL 1985, c. 220, §1 (AMD). PL 1987, c. 359, §§1,2 (AMD). PL 1989, c. 570, §1 (AMD). PL 1999, c. 212, §1 (AMD). PL 2003, c. 337, §§2,3 (AMD). PL 2003, c. 337, §3 (AMD).