Definitions

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As used in this chapter:

  1. (1) “Automobile club or association” means:

    1. (A) Any person, firm, association, copartnership, corporation, company, or other organization, which undertakes for consideration paid by or on behalf of its members to defray all or a part of the expenses of the members with reference to motor club service as defined in this section or which issued a certificate which provides for the payment of the benefits to the members in services, cash, by furnishing bail, or otherwise; and

    2. (B) Every person, firm, association, copartnership, corporation, or company which prior to March 24, 1955, has undertaken for a consideration to pay money or render services to its members, or which has issued any form of contract or certificate or membership card which, under the terms thereof, provides for the payment in money, service, or otherwise for motor club service;

  2. (2) “Bail bond service” means any act by an automobile club or association, the purpose of which is to furnish to, or procure for, any person accused of violation of any law of this state a cash deposit, bond, or other undertaking required by law in order that the accused might enjoy his or her personal freedom pending trial, subject to, however, the provisions of §§ 27-50-611 and 27-50-612;

  3. (3) “Buying and selling service” means any act by an automobile club or association whereby the member of any automobile club or association is aided in any way in the purchase or sale of an automobile;

  4. (4) “Discount service” means any act by an automobile club or association resulting in the giving of special discounts, rebates, or reductions of price on gasoline, oil, repairs, parts, accessories, or service for motor vehicles to members of any automobile club or association;

  5. (5) “Emergency road service” means any act by an automobile club or association consisting of the adjustment, repair, or replacement of the equipment, tires, or mechanical parts of an automobile so as to permit it to be operated under its own power;

  6. (6) “Financial service” means any act by an automobile club or association whereby loans or other advances of money, with or without security, are made to members of any automobile club or association;

  7. (7) “Insurance service” means any act by an automobile club or association consisting of the selling or giving with a membership certificate or as a result of membership in or affiliation with an automobile club or association a policy of insurance covering liability or loss by the member of any such automobile club or association as the result of injury to the person of such a member following an accident resulting from the ownership, maintenance, operation, or use of a motor vehicle;

  8. (8) “Legal service” means any act by an automobile club or association consisting of the hiring, retaining, engaging, or appointing of an attorney or other person to give professional advice to, or represent, a member of any automobile club or association, in any court, as the result of liability incurred by the right of action accruing to the member as a result of the ownership, operation, use, or maintenance of a motor vehicle;

  9. (9) “Map service” means any act by an automobile club or association by which road maps are furnished without cost to members of any automobile club or association;

  10. (10) “Motor club service” means the rendering, furnishing, or procuring of four (4) or more of the following services:

    1. (A) Bail bond service;

    2. (B) Buying and selling service;

    3. (C) Discount service;

    4. (D) Emergency road service;

    5. (E) Financial service;

    6. (F) Insurance service;

    7. (G) Legal service;

    8. (H) Map service;

    9. (I) Theft service;

    10. (J) Touring service; and

    11. (K) Towing service;

  11. (11) “Theft service” means any act by an automobile club or association, the purpose of which is to locate, identify, or recover a motor vehicle, owned or controlled by a member of any automobile club or association, which has been, or may be, stolen, or to detect or apprehend the person guilty of such theft;

  12. (12) “Touring service” means any act by an automobile club or association by which touring information is furnished without cost to members of any automobile club or association or the making of arrangements, reservations for lodging or travel space, or procurement of tickets or permits for travel to any place in the world for a member of any automobile club or association; and

  13. (13) “Towing service” means any act by an automobile club or association consisting of the drafting or moving of a motor vehicle from one place to another under other than its own power.


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