A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES DISCRETION IN ASSESSING PENALTIES AND SUSPENSIONS ON SAFETY INSPECTION LICENSE HOLDERS FOR SAFETY INSPECTION LAW VIOLATIONS AND TO CLARIFY THE MOTOR VEHICLE DEALERS AND MANUFACTURERS' LICENSING LAW.
House committee substitute makes the following changes to the 2nd edition.
Makes a conforming change to GS 20-183.7(a), deleting a reference to inspection stickers.
Amends GS 20-183.7A (safety violations) todelete changes from the previous edition and revert to current law, which requiresthe Division of Motor Vehicles (DMV)to take the specified actions for violations (was, theDMVmay take the specified actions). Clarifies the length of the license suspension as 180 days for a first or second Type I violation within three years. Authorizes the DMV to stay a term of suspension for the first Type I violation by a safety inspection stationif the station agrees to follow reasonable terms and conditions imposed by the DMV. Also provides that the DMV may, at its discretion, run suspensions for multiple violations in separate safety inspections concurrently.
Amends GS 20-183.7B to modify the list of Type I, II, and III safety inspection violations.
Amends GS 20-183.8B (emissions violations), authorizing the DMV to stay a term of suspension for the first Type I violation by an emissions inspection station if the station agrees to follow reasonable terms and conditions imposed by the DMV. Provides that if two or more violations occur in a single emissions inspection, the DMV is to takeaction only on the most significant violation. Provides that if there are multiple violations in separate emissions inspections, the DMV is to consider each violation as a separate occurrence and impose a separate penalty for each violation. However, authorizes the DMV, at its discretion, torun suspensions concurrently. Clarifies the duration of the license suspension as 180 days for Type I violations.
Amends GS 20-183.8C to modify the list of Type I, II, and III emissions inspection violations.
Amends GS 20-183.8G(f) (administrative and judicial review) to conform the administrative and judicial review provisions governing safety and emissions inspection violations to reflect the changes made regarding safety and emissions inspections in this act.
Provides that each of the preceding provisions, representing Sections 1-6 of this act, become effective October 1, 2013. The following provisions, constituting Sections 7-12 of this act areeffective when the act becomes law.
Amends GS 20-305(30), extending the deadlinefor certain established manufacturer programs that vary the price charged to its franchised dealers in the state, although the programs would otherwise be unlawful under GS 20-305, to continue in effect until June 30, 2018 (was, June 30, 2014).
Amends GS 20-305 by adding new subsections GS 20-305(44-48),adding to theconduct considered unlawfulon the part of any manufacturer, factory branch, distributor, distributor branch, field representative, officer agent, or any other representative as follows:
Amends GS 20-305.2 (Unfair methods of competition), creating a new subsection GS 20-305.2(e), stating that an unfair method of competition includes any warranty fix, repair, update, or adjustment made or provided directly by a manufacturer or distributor to anyvehicle in the state without the direct participation of a dealer franchised by the manufacturer or distributor and without such dealer receivingreasonable compensation. Adds new subsection (f) to declare that no claim or cause of action may be brought against a dealer in this state arising out of any warranty repair, fix, repair, or update that was provided by the manufacturer or distributor without the direct participation of the dealer. Requires any manufacturer or distributor who violates this provision to fully indemnify and hold harmless any dealer in this state for claims, judgments, damages, attorneys' fees, litigation expenses, and all other costs arising out of the actual or attempted fix, repair, update, or adjustment.
Amends 20-305.7 (Protecting dealership data and consent to access dealership information), making conforming,technical, and clarifying changes. Extends the provisions concerning direct access to a dealer's computer system so that it also applies to a third party approved, referred, endorsed, authorized, certified,granted preferred status, or recommended by a relevant party. Extends the hold harmless provision in (g2) to also include costs related to the disclosure of security breaches and computer system costs.
Amends GS 20-305.1 (Automobile dealer warrant obligations), making clarifying and technical changes. Amends GS 20-305.1(a1),stating any reasonable rate determined at a hearing conducted pursuant to this section will be effective as of 60 days after the date of the dealer's initial submission of the customer-paid service orders to the manufacturer or distributor.
Includes "batteries and light bulbs" in the list included inGS 20-305.1(a2) of work that is excluded when calculating the retail rate customarily charged by the dealer for parts and labor, for purposes of this section.
Provides that terms and provisions of Sections 7-12 ofthis actare applicable to all currentand future franchises and other agreements in existence between any new motor vehicle dealerin this state and a manufacturer or distributor as of the effective date of this act.
Includes a severability clause, providing that if any provision of this act is found to be invalid, the remainder of the act would still be valid to the extent that it may be given effect without the invalid provisions.
Amends the act's short and long titles.
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