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§ 15-208. Refusal to deliver new motor vehicles, new two-stage vehicles, or truck component par...

West's Annotated Code of MarylandTransportationEffective: October 1, 2023

West's Annotated Code of Maryland
Transportation
Title 15. Vehicle Laws--Licensing of Businesses and Occupations (Refs & Annos)
Subtitle 2. Manufacturers, Distributors, and Factory Branches (Refs & Annos)
Effective: October 1, 2023
MD Code, Transportation, § 15-208
§ 15-208. Refusal to deliver new motor vehicles, new two-stage vehicles, or truck component parts prohibited
Currentness
Manufacturers
(a) A manufacturer may not refuse to deliver new motor vehicles, new two-stage vehicles, or truck component parts, as the case may be, to a licensed dealer or distributor, in reasonable quantities and within a reasonable time after receipt of a written order, if:
(1) The manufacturer specifically advertises that these vehicles or truck component parts are available for immediate delivery; and
(2) The dealer or distributor has a franchise or other contract with the manufacturer for the sale of these vehicles or truck component parts to the public.
Distributors
(b) A distributor may not refuse to deliver new motor vehicles, or new two-stage vehicles, as the case may be, to a licensed dealer, in reasonable quantities and within a reasonable time after receipt of a written order, if:
(1) The distributor specifically advertises that these vehicles are available for immediate delivery; and
(2) The dealer has a franchise or other contract with the distributor for the sale of these vehicles to the public.
Factory branches
(c) A factory branch may not refuse to deliver new motor vehicles, or new two-stage vehicles, as the case may be, to a licensed dealer, in reasonable quantities and within a reasonable time after receipt of a written order, if:
(1) The factory branch specifically advertises that these vehicles are available for immediate delivery; and
(2) The dealer has a franchise or other contract with the factory branch for the sale of these vehicles to the public.
Labor strikes, government regulations, or other causes without fault
(d) A failure to deliver vehicles because of a labor strike, government regulation, or other cause not the fault of the manufacturer, distributor, or factory branch is not a violation of this section.
Franchise or other contracts for specific line or make of vehicle
(e) If a dealer has a franchise or other contract with a manufacturer, distributor, or factory branch for the sale of vehicles or truck component parts of a specific line or make, the manufacturer, distributor, or factory branch shall allow the dealer to:
(1) Purchase the vehicles or truck component parts at the same price and on the same terms as all other dealers with a franchise or other contract for the sale of vehicles or truck component parts of the same line or make; and
(2) Receive the same right to incentive payments that is given to all other dealers with a franchise or other contract for the sale of vehicles or truck component parts of the same line or make.
Systems of allocation
(f)(1) Any system operated by a manufacturer, distributor, or factory branch or its affiliate for the allocation of new vehicles to dealers shall be reasonable and fair for all dealers.
(2) On the written request by any of its dealers, a manufacturer, distributor, or factory branch or its affiliate shall disclose to the dealer the method by which new vehicles are allocated to dealers of the same line make.
(3) In any dispute over compliance with this subsection, a manufacturer, distributor, or factory branch or its affiliate has the burden of proving its compliance.

Credits

Added by Acts 1977, c. 14, § 2, eff. July 1, 1977. Amended by Acts 1979, c. 299; Acts 1986, c. 472, § 1; Acts 1995, c. 629, § 1, eff. Oct. 1, 1995; Acts 2009, c. 747, § 1, eff. June 1, 2009; Acts 2023, c. 449, § 1, eff. Oct. 1, 2023.
Formerly Art. 66 ½, § 5-706.
MD Code, Transportation, § 15-208, MD TRANS § 15-208
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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