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833
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MARVIN MANDEL, Governor
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(A) NATURE OF BONDS.
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF
THIS SUBSECTION, A SURETY BOND REQUIRED OF A LICENSEE
UNDER THIS TITLE SHALL BE FOR THE BENEFIT OF THE
ADMINISTRATION AND ANY OTHER PERSON MHO SUFFERS ANY LOSS
BECAUSE OF A VIOLATION BY THE LICENSEE, HIS AGENTS, OR
EMPLOYEES OF THOSE PROVISIONS OF THE MARYLAND VEHICLE LAW
THAT THE ADMINISTRATION SPECIFIES.
(2) A MANUFACTURER'S OR DISTRIBUTOR'S BOND
REQUIRED UNDER SUBTITLE 2 OF THIS TITLE SHALL BE FOR THE
BENEFIT OF THE ADMINISTRATION, ANY DEALER, AND ANY BUYER
OF A NEW OR USED CLASS A VEHICLE, AND ANY MEMBER__ OF THE
PUBLIC WHO SUFFERS ANY LOSS BECAUSE OF THE BREACH OF ANY
EXPRESS OR IMPLIED WARRANTY GIVEN BY THE MANUFACTURER OR
DISTRIBUTOR TO A BUYER OF THE VEHICLE FROM A DEALER.
(B) RIGHT OF ACTION.
ANY PERSON WHO SUFFERS A LOSS DESCRIBED IN
SUBSECTION (A) OF THIS SECTION HAS A RIGHT OF ACTION IN
HIS OWN NAME AGAINST THE SURETY ON THE BOND.
(C) EXPIRATION OR TERMINATION OF BONDS.
IF, BEFORE A SURETY BOND REQUIRED UNDER THIS TITLE
EXPIRES OR IS TERMINATED, THE LICENSEE DOES NOT FILE
SATISFACTORY EVIDENCE THAT THE BOND HAS BEEN EXTENDED OR
REPLACED BY A BOND THAT THE ADMINISTRATION APPROVES, HIS
LICENSE AUTOMATICALLY IS SUSPENDED. THE ADMINISTRATION
IMMEDIATELY SHALL NOTIFY THE LICENSEE OF THE SUSPENSION.
REVISOR'S NOTE; Subsections (a) (1) and (c) of this
section are new language that combine the
common provisions presently repeated in each
of Art. 66 1/2, §§5-108(a) and (c), 5-305(a)
and (c) , and 5-804. Subsection (a)(2) of this
section is new language derived from Art. 66
1/2, §3-113.3(b) and (c) . Subsection (b) of
this section is new language added to clarify
how an action on these bonds may be brought.
In subsection (a)(2) of this section, the
reference to a "buyer of a new or used Class A
vehicle" is substituted for the present
reference to "the public" for clarification;
this construction appears to be required by
the express reference to such a buyer in the
last sentence of present Art. 66 1/2,
§3-113.3(b). However, it may well be that the
General Assembly would want to broaden this
provision to cover potential damages suffered
by a member of the general public as well. In
any event, this provision would not limit the
right of that person to bring an action and
recover damages against a vehicle buyer to
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