S. 6492 2
(E) THE ABILITY OF AFTERMARKET TECHNICIANS OR SHOPS TO AFFORD THE
INFORMATION.
(F) THE MEANS BY WHICH THE INFORMATION IS DISTRIBUTED.
(G) THE EXTENT TO WHICH THE INFORMATION IS USED, WHICH INCLUDES THE
NUMBER OF USERS, AND FREQUENCY, DURATION, AND VOLUME OF USE.
(H) INFLATION.
3. "IMMOBILIZER SYSTEM" SHALL MEAN AN ELECTRONIC DEVICE DESIGNED FOR
THE SOLE PURPOSE OF PREVENTING THE THEFT OF A MOTOR VEHICLE BY PREVENT-
ING THE MOTOR VEHICLE IN WHICH IT IS INSTALLED FROM STARTING WITHOUT THE
CORRECT ACTIVATION OR AUTHORIZATION CODE.
4. "MOTOR VEHICLE REPAIR SHOP" SHALL MEAN ANY PERSON WHO, FOR COMPEN-
SATION, IS WHOLLY OR PARTIALLY ENGAGED IN THE BUSINESS OF REPAIRING OR
DIAGNOSING MOTOR VEHICLE MALFUNCTIONS OR REPAIRING MOTOR VEHICLE BODIES,
FENDERS OR OTHER COMPONENTS DAMAGED BY ACCIDENT OR OTHERWISE, EXCEPT
THAT SUCH TERM DOES NOT INCLUDE:
(A) AN EMPLOYEE OF A MOTOR VEHICLE REPAIR SHOP WHO ENGAGES IN THE
BUSINESS OF REPAIRING MOTOR VEHICLES SOLELY BY REASON OF HIS EMPLOYMENT;
(B) ANY PERSON WHO IS SOLELY ENGAGED IN THE BUSINESS OF REPAIRING THE
MOTOR VEHICLES OF A SINGLE COMMERCIAL OR INDUSTRIAL ESTABLISHMENT, OR OF
THE FEDERAL, STATE OR LOCAL GOVERNMENT OR ANY AGENCY THEREOF;
(C) ANY PERSON WHOSE ACTIVITIES CONSIST SOLELY OF FUELING, CHANGING
OIL, WATER, BATTERIES OR TIRES, REPLACING FAN BELTS, AIR FILTERS OR OIL
FILTERS, INSTALLING WINDSHIELD WIPER BLADES OR LIGHT BULBS, OR SUCH
OTHER MINOR REPAIR AND SERVICING FUNCTIONS AS THE COMMISSIONER SHALL BY
RULE PRESCRIBE; OR
(D) ANY PERSON SOLELY ENGAGED IN THE BUSINESS OF REPAIRING FARM OR
ROAD BUILDING MACHINES, OR SUCH OTHER UTILITY VEHICLES AS THE COMMIS-
SIONER MAY BY REGULATION DESIGNATE.
5. "MANUFACTURER" SHALL MEAN ANY PERSON OR BUSINESS ENGAGED IN THE
BUSINESS OF MANUFACTURING OR ASSEMBLING NEW MOTOR VEHICLES.
6. "MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS THE TERM "MOTOR
VEHICLES" AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER.
7. "OWNER" SHALL MEAN A PERSON OR BUSINESS WHO OWNS OR LEASES A MOTOR
VEHICLE REGISTERED IN THIS STATE.
8. "TRADE SECRET" SHALL MEAN ANYTHING, TANGIBLE OR INTANGIBLE OR ELEC-
TRONICALLY STORED OR KEPT, WHICH CONSTITUTES, REPRESENTS, EVIDENCES OR
RECORDS INTELLECTUAL PROPERTY INCLUDING SECRET OR CONFIDENTIALLY HELD
DESIGNS, PROCESSES, PROCEDURES, FORMULAS, INVENTIONS, OR IMPROVEMENTS,
OR SECRET OR CONFIDENTIALLY HELD SCIENTIFIC, TECHNICAL, MERCHANDISING,
PRODUCTION, FINANCIAL, BUSINESS OR MANAGEMENT INFORMATION, OR ANYTHING
WITHIN THE DEFINITION OF 18 U.S.C. S 1839(3).
S 399-Q. REPAIR OF MOTOR VEHICLES. 1. (A) EXCEPT AS PROVIDED IN PARA-
GRAPH (C) OF THIS SUBDIVISION, FOR MODEL YEAR 2002 MOTOR VEHICLES AND
THEREAFTER, A MANUFACTURER OF MOTOR VEHICLES SOLD IN THIS STATE SHALL
MAKE AVAILABLE FOR PURCHASE BY OWNERS OF MOTOR VEHICLES MANUFACTURED BY
SUCH MANUFACTURER AND BY MOTOR VEHICLE REPAIR SHOPS THE SAME DIAGNOSTIC
AND REPAIR INFORMATION, INCLUDING REPAIR TECHNICAL UPDATES, THAT SUCH
MANUFACTURER MAKES AVAILABLE TO ITS DEALERS THROUGH THE MANUFACTURER'S
INTERNET-BASED DIAGNOSTIC AND REPAIR INFORMATION SYSTEM OR OTHER ELEC-
TRONICALLY ACCESSIBLE MANUFACTURER'S REPAIR INFORMATION SYSTEM. ALL
CONTENT IN ANY SUCH MANUFACTURER'S REPAIR INFORMATION SYSTEM SHALL BE
MADE AVAILABLE TO OWNERS AND TO MOTOR VEHICLE REPAIR SHOPS IN THE SAME
FORM AND MANNER AND TO THE SAME EXTENT AS IS MADE AVAILABLE TO DEALERS
UTILIZING SUCH DIAGNOSTIC AND REPAIR INFORMATION SYSTEM. EACH MANUFAC-
TURER SHALL PROVIDE ACCESS TO SUCH MANUFACTURER'S DIAGNOSTIC AND REPAIR
INFORMATION SYSTEM FOR PURCHASE BY OWNERS AND MOTOR VEHICLE REPAIR SHOPS
S. 6492 3
ON A DAILY, MONTHLY AND YEARLY SUBSCRIPTION BASIS AND UPON FAIR AND
REASONABLE TERMS.
(B) ANY MANUFACTURER THAT SELLS ANY DIAGNOSTIC, SERVICE, OR REPAIR
INFORMATION TO ANY MOTOR VEHICLE REPAIR SHOP OR OTHER THIRD PARTY
PROVIDER IN A FORMAT THAT IS STANDARDIZED WITH OTHER MANUFACTURERS, AND
ON TERMS AND CONDITIONS MORE FAVORABLE THAN THE MANNER AND THE TERMS AND
CONDITIONS PURSUANT TO WHICH THE DEALER OBTAINS THE SAME DIAGNOSTIC,
SERVICE OR REPAIR INFORMATION, SHALL BE PROHIBITED FROM REQUIRING ANY
DEALER TO CONTINUE PURCHASING DIAGNOSTIC, SERVICE, OR REPAIR INFORMATION
IN A PROPRIETARY FORMAT, UNLESS SUCH PROPRIETARY FORMAT INCLUDES DIAG-
NOSTIC, SERVICE, REPAIR OR DEALERSHIP OPERATIONS INFORMATION OR FUNC-
TIONALITY THAT IS NOT AVAILABLE IN SUCH STANDARDIZED FORMAT.
(C)(I) FOR MODEL YEAR 2002 MOTOR VEHICLES AND THEREAFTER, EACH
MANUFACTURER OF MOTOR VEHICLES SOLD IN THIS STATE SHALL MAKE AVAILABLE
FOR PURCHASE BY OWNERS AND MOTOR VEHICLE REPAIR SHOPS ALL DIAGNOSTIC
REPAIR TOOLS INCORPORATING THE SAME DIAGNOSTIC, REPAIR AND WIRELESS
CAPABILITIES THAT SUCH MANUFACTURER MAKES AVAILABLE TO ITS DEALERS. SUCH
TOOLS SHALL INCORPORATE THE SAME FUNCTIONAL REPAIR CAPABILITIES THAT
SUCH MANUFACTURER MAKES AVAILABLE TO DEALERS. EACH MANUFACTURER SHALL
OFFER SUCH TOOLS FOR SALE TO OWNERS AND TO MOTOR VEHICLE REPAIR SHOPS
UPON FAIR AND REASONABLE TERMS.
(II)(1) ANY DIAGNOSTIC TOOL OR INFORMATION NECESSARY TO DIAGNOSE,
SERVICE OR REPAIR A MOTOR VEHICLE THAT A MANUFACTURER SELLS TO ANY MOTOR
VEHICLE REPAIR SHOP IN A MANNER AND ON TERMS AND CONDITIONS MORE FAVORA-
BLE THAN THE MANNER AND THE TERMS AND CONDITIONS PURSUANT TO WHICH THE
DEALER OBTAINS THE SAME DIAGNOSTIC TOOL OR INFORMATION NECESSARY TO
DIAGNOSE, SERVICE OR REPAIR A MOTOR VEHICLE, SHALL ALSO BE OFFERED TO
THE DEALER IN THE SAME MANNER AND ON THE SAME TERMS AND CONDITIONS AS
PROVIDED TO SUCH MOTOR VEHICLE REPAIR SHOP.
(2) ANY MANUFACTURER THAT SELLS TO ANY MOTOR VEHICLE REPAIR SHOP ANY
DIAGNOSTIC TOOL NECESSARY TO DIAGNOSE, SERVICE OR REPAIR A MOTOR VEHICLE
AND SUCH DIAGNOSTIC TOOL COMMUNICATES WITH THE VEHICLE USING THE SAME
NON-PROPRIETARY INTERFACE USED BY OTHER MANUFACTURERS, THE MANUFACTURER
DELIVERING SUCH DIAGNOSTIC TOOL SHALL BE PROHIBITED FROM REQUIRING ANY
DEALER FROM CONTINUING TO PURCHASE THAT MANUFACTURER'S PROPRIETARY TOOL
AND INTERFACE UNLESS SUCH PROPRIETARY INTERFACE HAS A CAPABILITY NOT
AVAILABLE IN THE NON-PROPRIETARY INTERFACE.
(III) EACH MANUFACTURER SHALL PROVIDE DIAGNOSTIC REPAIR INFORMATION TO
EACH AFTER MARKET SCAN TOOL COMPANY AND EACH THIRD PARTY SERVICE INFOR-
MATION PROVIDER WITH WHOM THE MANUFACTURER HAS APPROPRIATE LICENSING,
CONTRACTUAL OR CONFIDENTIALITY AGREEMENTS FOR THE SOLE PURPOSE OF BUILD-
ING AFTERMARKET DIAGNOSTIC TOOLS AND THIRD PARTY SERVICE INFORMATION
PUBLICATIONS AND SYSTEMS. ONCE A MANUFACTURER MAKES SUCH INFORMATION
AVAILABLE PURSUANT TO THIS SECTION, THE MANUFACTURER SHALL HAVE FULLY
SATISFIED ITS OBLIGATIONS UNDER THIS SECTION AND THEREAFTER NOT BE
RESPONSIBLE FOR THE CONTENT AND FUNCTIONALLY OF AFTERMARKET DIAGNOSTIC
TOOLS OR SERVICE INFORMATION SYSTEMS.
2. (A) COMMENCING IN MODEL YEAR 2018, EXCEPT AS PROVIDED IN PARAGRAPH
(C) OF THIS SUBDIVISION, MANUFACTURERS OF MOTOR VEHICLES SOLD IN THIS
STATE SHALL PROVIDE ACCESS TO THEIR ONBOARD DIAGNOSTIC AND REPAIR INFOR-
MATION SYSTEM, AS REQUIRED UNDER THIS SECTION, USING AN OFF-THE-SHELF
PERSONAL COMPUTER WITH SUFFICIENT MEMORY, PROCESSOR SPEED, CONNECTIVITY
AND OTHER CAPABILITIES AS SPECIFIED BY THE VEHICLE MANUFACTURER AND: (I)
A NON-PROPRIETARY VEHICLE INTERFACE DEVICE THAT COMPLIES WITH THE SOCIE-
TY OF AUTOMOTIVE ENGINEERS SAE J2534, THE INTERNATIONAL STANDARDS ORGAN-
IZATIONS ISO 22900 OR ANY SUCCESSOR TO SAE J2534 OR ISO 22900 AS MAY BE
S. 6492 4
ACCEPTED OR PUBLISHED BY THE SOCIETY OF AUTOMOTIVE ENGINEERS OR THE
INTERNATIONAL STANDARDS ORGANIZATIONS; OR, (II) AN ON-BOARD DIAGNOSTIC
AND REPAIR INFORMATION SYSTEM INTEGRATED AND ENTIRELY SELF-CONTAINED
WITHIN THE VEHICLE INCLUDING, BUT NOT LIMITED TO, SERVICE INFORMATION
SYSTEMS INTEGRATED INTO AN ONBOARD DISPLAY, OR (III) A SYSTEM THAT
PROVIDES DIRECT ACCESS TO ON-BOARD DIAGNOSTIC AND REPAIR INFORMATION
THROUGH A NON-PROPRIETARY VEHICLE INTERFACE SUCH AS ETHERNET, UNIVERSAL
SERIAL BUS OR DIGITAL VERSATILE DISC. EACH MANUFACTURER SHALL PROVIDE
ACCESS TO THE SAME ON-BOARD DIAGNOSTIC AND REPAIR INFORMATION AVAILABLE
TO THEIR DEALERS, INCLUDING TECHNICAL UPDATES TO SUCH ON-BOARD SYSTEMS,
THROUGH SUCH NON-PROPRIETARY INTERFACES AS REFERENCED IN THIS PARAGRAPH.
(A-1) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE A DEALER
TO USE THE NON-PROPRIETARY VEHICLE INTERFACE (I.E., SAE J2534 OR ISO
22900 VEHICLE INTERFACE DEVICE) SPECIFIED IN PARAGRAPH (A) OF THIS
SUBDIVISION, NOR SHALL THIS ARTICLE BE CONSTRUED TO PROHIBIT A MANUFAC-
TURER FROM DEVELOPING A PROPRIETARY VEHICLE DIAGNOSTIC AND REPROGRAMMING
DEVICE, PROVIDED THAT (I) THE MANUFACTURER ALSO COMPLIES WITH PARAGRAPH
(A) OF THIS SUBDIVISION, AND (II) THE MANUFACTURER ALSO MAKES THIS
DEVICE AVAILABLE TO MOTOR VEHICLE REPAIR SHOPS UPON FAIR AND REASONABLE
TERMS, AND OTHERWISE COMPLIES WITH PARAGRAPH (A) OF THIS SUBDIVISION.
(B) NO MANUFACTURER SHALL BE PROHIBITED FROM MAKING PROPRIETARY TOOLS
AVAILABLE TO DEALERS IF SUCH TOOLS ARE FOR A SPECIFIC SPECIALIZED DIAG-
NOSTIC OR REPAIR PROCEDURE DEVELOPED FOR THE SOLE PURPOSE OF A CUSTOMER
SERVICE CAMPAIGN MEETING THE REQUIREMENTS SET OUT IN 49 CFR 579.5, OR
PERFORMANCE OF A SPECIFIC TECHNICAL SERVICE BULLETIN OR RECALL AFTER THE
VEHICLE WAS PRODUCED, AND WHERE ORIGINAL VEHICLE DESIGN WAS NOT
ORIGINALLY INTENDED FOR DIRECT INTERFACE THROUGH THE NON-PROPRIETARY
INTERFACE SET OUT IN PARAGRAPH (A) OF THIS SUBDIVISION. PROVISION OF
SUCH PROPRIETARY TOOLS UNDER THIS PARAGRAPH SHALL NOT CONSTITUTE A
VIOLATION OF THIS ARTICLE EVEN IF SUCH TOOLS PROVIDE FUNCTIONS NOT
AVAILABLE THROUGH THE INTERFACE SET FORTH IN PARAGRAPH (A) OF THIS
SUBDIVISION, PROVIDED SUCH PROPRIETARY TOOLS ARE ALSO AVAILABLE TO THE
AFTERMARKET UPON FAIR AND REASONABLE TERMS. NOTHING IN THIS SUBDIVISION
SHALL AUTHORIZE MANUFACTURERS TO EXCLUSIVELY DEVELOP PROPRIETARY TOOLS,
WITHOUT A NON-PROPRIETARY EQUIVALENT AS SET FORTH IN PARAGRAPH (A) OF
THIS SUBDIVISION, FOR DIAGNOSTIC OR REPAIR PROCEDURES THAT FALL OUTSIDE
THE PROVISIONS OF THIS SUBDIVISION OR TO OTHERWISE OPERATE IN A MANNER
INCONSISTENT WITH THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION.
(C) MANUFACTURERS OF MOTOR VEHICLES SOLD IN THIS STATE MAY EXCLUDE
DIAGNOSTIC, SERVICE AND REPAIR INFORMATION NECESSARY TO RESET AN IMMOBI-
LIZER SYSTEM OR SECURITY-RELATED ELECTRONIC MODULES FROM INFORMATION
PROVIDED TO OWNERS AND MOTOR VEHICLE REPAIR SHOPS. IF EXCLUDED UNDER
THIS PARAGRAPH, THE INFORMATION NECESSARY TO RESET AN IMMOBILIZER SYSTEM
OR SECURITY-RELATED ELECTRONIC MODULES SHALL BE OBTAINED BY OWNERS AND
MOTOR VEHICLE REPAIR SHOPS THROUGH THE SECURE DATA RELEASE MODEL SYSTEM
AS CURRENTLY USED BY THE NATIONAL AUTOMOTIVE SERVICE TASK FORCE OR OTHER
KNOWN, RELIABLE AND ACCEPTED SYSTEMS.
(D) WITH THE EXCEPTION OF TELEMATICS DIAGNOSTIC AND REPAIR INFORMATION
THAT IS PROVIDED TO DEALERS, NECESSARY TO DIAGNOSE AND REPAIR A CUSTOM-
ER'S VEHICLE, AND NOT OTHERWISE AVAILABLE TO A MOTOR VEHICLE REPAIR SHOP
VIA THE TOOLS SPECIFIED IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION,
NOTHING IN THIS ARTICLE SHALL APPLY TO TELEMATICS SERVICES OR ANY OTHER
REMOTE OR INFORMATION SERVICE, DIAGNOSTIC OR OTHERWISE, DELIVERED TO OR
DERIVED FROM THE VEHICLE BY MOBILE COMMUNICATIONS; PROVIDED, HOWEVER,
THAT NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO ABROGATE A TELEMATICS
SERVICES OR OTHER CONTRACT THAT EXISTS BETWEEN A MANUFACTURER OR SERVICE
S. 6492 5
PROVIDER, A MOTOR VEHICLE OWNER, AND/OR A DEALER. FOR THE PURPOSES OF
THIS CHAPTER, TELEMATICS SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO,
AUTOMATIC AIRBAG DEPLOYMENT AND CRASH NOTIFICATION, REMOTE DIAGNOSTICS,
NAVIGATION, STOLEN VEHICLE LOCATION, REMOTE DOOR UNLOCK, TRANSMITTING
EMERGENCY AND VEHICLE LOCATION INFORMATION TO PUBLIC SAFETY ANSWERING
POINTS AS WELL AS ANY OTHER SERVICE INTEGRATING VEHICLE LOCATION TECH-
NOLOGY AND WIRELESS COMMUNICATIONS. NOTHING IN THIS ARTICLE SHALL
REQUIRE A MANUFACTURER OR A DEALER TO DISCLOSE TO ANY PERSON THE IDENTI-
TY OF EXISTING CUSTOMERS OR CUSTOMER LISTS.
3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE A MANUFACTUR-
ER TO DIVULGE A TRADE SECRET.
4. NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW OR ANY RULE OR REGU-
LATION TO THE CONTRARY, NO PROVISION IN THIS ARTICLE SHALL BE READ,
INTERPRETED OR CONSTRUED TO ABROGATE, INTERFERE WITH, CONTRADICT OR
ALTER THE TERMS OF ANY PROVISION OF ARTICLE SEVENTEEN-A OF THIS CHAPTER
OR THE TERMS OF ANY FRANCHISE AGREEMENT EXECUTED AND IN FORCE BETWEEN A
DEALER AND A MANUFACTURER INCLUDING, BUT NOT LIMITED TO, THE PERFORMANCE
OR PROVISION OF WARRANTY OR RECALL REPAIR WORK BY A DEALER ON BEHALF OF
A MANUFACTURER PURSUANT TO SUCH FRANCHISE AGREEMENT; PROVIDED, HOWEVER,
THAT ANY PROVISION IN SUCH A FRANCHISE AGREEMENT THAT PURPORTS THE
WAIVE, AVOID, RESTRICT OR LIMIT A MANUFACTURER'S COMPLIANCE WITH THIS
ARTICLE SHALL BE VOID AND UNENFORCEABLE.
5. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE MANUFACTURERS
OR DEALERS TO PROVIDE AN OWNER OR MOTOR VEHICLE REPAIR SHOP ACCESS TO
NON-DIAGNOSTIC AND REPAIR INFORMATION PROVIDED BY A MANUFACTURER TO A
DEALER, OR BY A DEALER TO A MANUFACTURER PURSUANT TO THE TERMS OF A
FRANCHISE AGREEMENT.
6. (A) IN ADDITION TO ANY OTHER REMEDIES THAT MAY BE AVAILABLE UNDER
LAW, A VIOLATION OF THIS CHAPTER SHALL BE DEEMED TO BE A DECEPTIVE ACT
OR PRACTICE IN THE CONDUCT OF TRADE OR COMMERCE IN VIOLATION OF SECTION
THREE HUNDRED FORTY-NINE OF THE GENERAL BUSINESS LAW.
(B) A MOTOR VEHICLE REPAIR SHOP OR OWNER WHO BELIEVES THAT A MANUFAC-
TURER HAS FAILED TO PROVIDE INFORMATION OR A TOOL REQUIRED BY THIS ARTI-
CLE MUST NOTIFY THE MANUFACTURER IN WRITING THROUGH THE NATIONAL AUTOMO-
TIVE SERVICE TASK FORCE (NASTF) SERVICE INFORMATION REQUEST PROCESS OR
ITS SUCCESSOR ORGANIZATION OR PROCESS, AND GIVE THE MANUFACTURER THIRTY
DAYS FROM THE TIME THE MANUFACTURER RECEIVES THE COMPLAINT TO CURE THE
FAILURE. IF THE MANUFACTURER CURES SAID COMPLIANT WITHIN THE CURE PERI-
OD, DAMAGES SHALL BE LIMITED TO ACTUAL DAMAGES IN ANY SUBSEQUENT LITI-
GATION.
(C) IF THE MANUFACTURER FAILS TO RESPOND TO THE NOTICE PROVIDED HERE-
IN, OR IF A MOTOR VEHICLE REPAIR SHOP OR OWNER IS NOT SATISFIED WITH THE
MANUFACTURER'S CURE, THE MOTOR VEHICLE REPAIR SHOP OR OWNER MAY FILE A
COMPLAINT IN A COURT OF COMPETENT JURISDICTION. SUCH COMPLAINT SHALL
INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: (I) WRITTEN INFORMATION
CONFIRMING THAT THE COMPLAINANT HAS VISITED THE RELEVANT MANUFACTURER
WEBSITE AND ATTEMPTED TO EFFECT A PROPER REPAIR UTILIZING INFORMATION
PROVIDED ON SUCH WEBSITE, INCLUDING COMMUNICATION WITH CUSTOMER ASSIST-
ANCE VIA THE MANUFACTURER'S TOLL-FREE CALL-IN ASSISTANCE, IF MADE AVAIL-
ABLE BY SUCH MANUFACTURER; (II) WRITTEN INFORMATION CONFIRMING THAT THE
COMPLAINANT HAS OBTAINED AND UTILIZED THE RELEVANT MANUFACTURER'S SCAN
OR DIAGNOSTIC TOOL NECESSARY FOR SUCH REPAIR; AND (III) EVIDENCE OF
MANUFACTURER NOTIFICATION PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
(D) EXCEPT IN THE INSTANCE OF A DISPUTE ARISING BETWEEN A FRANCHISOR
MANUFACTURER AND ITS FRANCHISEE DEALER RELATED TO EITHER PARTY'S COMPLI-
ANCE WITH AN EXISTING FRANCHISE AGREEMENT WHICH IS REQUIRED TO BE
S. 6492 6
RESOLVED PURSUANT TO ARTICLE SEVENTEEN-A OF THIS CHAPTER, A DEALER SHALL
HAVE ALL THE RIGHTS AND REMEDIES PROVIDED IN THIS ARTICLE, INCLUDING,
BUT NOT LIMITED TO, IN THE INSTANCE WHEN EXERCISING RIGHTS AND REMEDIES
AS ALLOWED AS A MOTOR VEHICLE REPAIR SHOP UNDER ARTICLE TWELVE-A OF THIS
TITLE.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.