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613
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MARVIN MANDEL, Governor
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"FOREIGN VEHICLE" MEANS ANY VEHICLE THAT:
(1) IS OF A TYPE REQUIRED TO BE REGISTERED UNDER
TITLE 13 OF THIS ARTICLE;
(2) IS BROUGHT INTO THIS STATE FROM ANY OTHER
STATE OR COUNTRY, OTHERWISE THAN IN THE ORDINARY COURSE
OF BUSINESS BY OR THROUGH A MANUFACTURER, DISTRIBUTOR, OR
DEALER; AND
(3) IS NOT REGISTERED IN THIS STATE.
REVISOR'S NOTE: This section presently appears as
Art. 66 1/2, §1-130.
In item (2) of this section, reference to a
"distributor" is added to correct an
apparently unintended omission in the present
section.
The only other changes are in style.
11-125. FRANCHISE.
"FRANCHISE" MEANS A WRITTEN ARRANGEMENT, WHETHER OR
NOT FOR A DEFINITE PERIOD, IN WHICH A MANUFACTURER,
DISTRIBUTOR, OR FACTORY BRANCH, GRANTS TO A DEALER OR
DISTRIBUTOR A LICENSE OR RIGHT TO USE A TRADE NAME,
TRADEMARK, SERVICE MARK, OR RELATED CHARACTERISTIC IN THE
SALE, LEASING, OR SERVICING OF NSW VEHICLES.
REVISOR'S NOTE: This section presently appears as
Art. 66 1/2, §1-130.1.
The present, unduly limiting reference to
"Class A or Class B" vehicles is deleted.
This definition originally was enacted by Ch.
544, Acts of 1972, for purposes of present
Art. 66 1/2, §§ 5-706 and 5-709, added by the
same Act. Those sections - which now appear
in Title 15, Subtitle 2 of this article -
related only to those franchises that were
with manufacturers, distributors, and factory
branches dealing in new Class A and Class B
vehicles. However, at least one preexisting
section of then Art. 66 1/2, (present
§3-113.1; revised §13-113.1 of this article)
and one more recently enacted section (present
§3-113.1A; revised as §13-113.2 of this
article) refer to a "franchise" in contexts
that clearly are not intended to be limited to
these two classes of vehicles alone (see,
e.g., present §3-113.1A(b)(1)). Accordingly,
this definition, absent the limiting clause,
is retained to assure a basic, uniform meaning
of the term, as used throughout the Maryland
Vehicle Law.
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