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Session Laws, 1993
Volume 772, Page 2301   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                         Ch. 415

(2) (I) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, IF A
FRANCHISE ISSUED TO A LICENSEE WHO DEALS IN CLASS M MOTOR HOMES OR
CLASS G TRAVEL TRAILERS IS TERMINATED FOR ANY REASON, THE
ADMINISTRATION MAY, IF GOOD CAUSE IS SHOWN, AUTHORIZE THE LICENSEE TO
DISPOSE OF THE CLASS M MOTOR HOMES AND CLASS G TRAVEL TRAILERS THAT
WERE IN THE DEALER'S INVENTORY PRIOR TO THE FRANCHISE TERMINATION
WITHOUT APPLYING FOR A CERTIFICATE OF TITLE IN THE DEALERSHIP'S NAME OR
PAYING THE APPLICABLE EXCISE TAX.

(II)     THE INITIAL AUTHORIZATION PERIOD UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY NOT EXCEED 12 MONTHS FROM THE
DATE OF THE FRANCHISE TERMINATION.

(III)   AFTER THE INITIAL AUTHORIZATION PERIOD UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE ADMINISTRATION MAY REVIEW
EACH SITUATION ON A CASE BY CASE BASIS AND DETERMINE WHETHER A FURTHER
EXTENSION OF TIME TO DISPOSE OF REMAINING INVENTORY IS WARRANTED OR
WHETHER THE DEALER MUST SHALL BE REQUIRED TO TAKE TITLE TO ANY
REMAINING CLASS M MOTOR HOMES AND CLASS G TRAVEL TRAILERS IN THE
DEALER'S INVENTORY.

(e)     Notwithstanding subsections (a) and (f) of this section, a manufacturer or
distributor may be licensed as a dealer only if the manufacturer or distributor:

(1)     Operates temporarily a dealership that:

(i) Was previously owned by a franchised dealer; and

(ii) Is for sale to any qualified person at a reasonable price;

(2)     Operates a dealership in a bona fide relationship in which an
independent person:

(i) Has made a significant investment, subject to loss, in the
dealership; and

(ii) Can reasonably expect to acquire full ownership of the dealership
under reasonable terms and conditions; or

(3)     (i) Is a second-stage manufacturer as defined in § 13-113.2(a)(7) of
this article; and

(ii) Deals only in Class E (truck) vehicles with a gross weight limit of
10,000 pounds or more, as defined in § 13-916 of this article.

(f)      A manufacturer or distributor, or a person who is acting for a partnership or
corporation that is owned or controlled by or under common control with a manufacturer
or distributor, may not sell a new vehicle to a retail buyer.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1993.

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Session Laws, 1993
Volume 772, Page 2301   View pdf image
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