HB 848 — MTR VEHICLE/DEALERS: Provides with respect to all terrain vehicle dealerships

HLSENROLLED 26RS-668 REENGROSSED Regular Session HOUSE BILL NO.

848 BY REPRESENTATIVE DEWITT MTRAN VEHICLE/DEALERS:ACT To amend and reenact R.S.

Provides32:1252(1) withand respect(9) toand all1254(E)(5)(a) terrain vehicle dealerships AN ACT To amend and reenactto enact R.S.

32:1252(1)32:1254(E)(5)(c)and1270.11(2)(k),relativetomotorvehicledealers;toprovidefor anddefinitions; (9) and to enact R.S.

32:1254(E)(5)(c)to andprovide 1270.11(2)(k),relativetomotorvehicledealers;toprovidefordefinitions;toprovide for licensinglicensingrequirementsfor requirements for motor vehiclevehicleandrecreational and recreational products dealers;

to provideforrepairfacilitiesforall-terrainvehicledealers;toprovideforunauthorizedprovide acts;for repair facilities for all-terrain vehicle dealers;

to provide for unauthorized acts;

32:1252(1) and (9) and 1254(E)(5)(a) are hereby amended and reenacted and R.S.

32:1254(E)(5)(c) and 1270.11(2)(k) are herebyenactedhereby enacted to read as follows:

This includes vehicles that are issued a title by the Department of Public SafetyandCorrections,publicsafetyservices,suchasgolfcartsandrecreationaland Pagesportsvehicles,butitshalldoesnotincludeoff-roadvehiclesusedforfarmpurposes, 1farm ofequipment, 4electric-assisted CODING:bicycles, or heavy construction equipment.

* * * Page 1 of 4 CODING:

HLS 26RS-668 REENGROSSED HB NO.

848 sportsvehicles,butitshalldoesnotincludeoff-roadvehiclesusedforfarmpurposes,ENROLLED farm(9) equipment,"Dealer" electric-assistedmeans bicycles,any person licensed to sell a motor vehicle, specialty vehicle, or heavyrecreational constructionproduct equipment.subject to regulation by this Chapter.

* * * (9) "Dealer" means any person licensed to sell a motor vehicle, specialty vehicle, or recreational product subject to regulation by this Chapter.

Additional licensingand compliance requirementsforrequirements for motor vehicle and recreational products dealers.

* * * (5)(5)(a) *Theapplicantmustalsofurnishsatisfactoryevidencethattheapplicant *maintains *adequate (c)space Ain dealerthe building or structure wherein the applicant's established business is conducted for the display of all-terrainnew vehicles,motor includingvehicles golfor carts,recreational shallproducts, havetogether with adequate facilities for the repair and servicing of all-terrainmotor vehicles or recreational products and the storage of new parts and accessories for thatthe repair and servicing,servicing. which maybe satisfied byanyof the following:

(i)For Facilitiespurposes locatedof inthis Subparagraph, "adequate facilities for the buildingrepair orand structureservicing" wheremeans facilities sufficient to reasonablysupportwarrantyservice,maintenance,andrepairobligations associated with the applicant'srecreational establishedbusinessisconductedorwithinonethousandfeetoftheestablishedplaceproducts ofsold business.bythe dealer.

(ii)* A* written* contractual(c)(i) agreementA withdealer aof third-partyall-terrain repairvehicles, facilityincluding thatgolf iscarts, equippedandqualifiedtoperformsuchrepairandservicing,locatedwithinthisstateshall andhave withinadequate afacilities radiusfor ofthe fiftyrepair milesand servicing of theall-terrain dealer'svehicles establishedand placethe storage of business,new orparts withinand aaccessoriesfor reasonablethat distancerepairand suchservicing, thatwhich servicemaybe cansatisfied beby providedwithinany fiveof businessthe days.following:

(aa) Adequatefacilitiesfortherepairandservicingofall-terrainvehiclesand the storage of new parts and accessories for that repair and servicing located in the building or structure where the applicant's established business is conducted or within one thousand feet of the established place of business.

HLS 26RS-668 REENGROSSED HB NO.

848 (iii)ENROLLED A(bb) manufacturer-authorizedAn agreement with a third-party warranty service provider.provider that is equipped and qualified to performthatrepairandservicing, located within this state and within a radius of forty miles of the dealer's established place of business.

*The *dealershallmakeavailabletothepurchaserapplicablewarrantyinformationrelating *to §1270.11.the vehicle.

(cc) An agreement with the manufacturer to provide an opportunity to the consumer to obtain service from a warranty-authorized service provider.

The dealer shallmakeavailableto thepurchaserapplicablewarrantyinformationrelatingtothe vehicle.

(dd) A manufacturer-authorized service provider.

(ii) Prior to the execution of any sale or financing agreement for an all-terrain vehicle, a dealer of all-terrain vehicles including golf carts shall provide written disclosure to the purchaserif warrantyrepair and service for that vehicle are to be performed primarily by a remote service facility pursuant to a contractual arrangement with another entity.

That purchaser shall acknowledge receipt of the disclosure in writing prior to completion of the sale, and that dealer shall retain a copyof that acknowledgment in its records for three years or until expiration of the warranty, whichever is lesser.

That disclosure shall include all of the following information:

(aa) The name and physical address of the remote serviceand repair facility.

(bb)Theapproximatedistancebetweenthedealershipandtheremoteservice and repair facility.

(cc) A statement advising the purchaser that certain warranty repair and services may require transportation of the vehicle to the remote service facility.

(iii) Adealershallnotbeliableforanysubsequentchangeintheavailability, location,authorization,ownership,oroperationalstatusofamanufacturer-authorized serviceprovider or third-partywarrantyservice provider identified in the disclosure required by this Item (ii) of this Subparagraph, if that dealer acted in good faith and supplied accurate information at the time of sale.

* * * Page 3 of 4 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HB NO.

848 ENROLLED §1270.11.

* * * DIGESTSPEAKER ThedigestprintedbelowwaspreparedbyHouseLegislativeOF Services.THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

It constitutes nopart of the legislative instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.