vehicle or new powersports vehicle dealers within certain areas. A. Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, if a factory intends or proposes to enter into a franchise to establish an additional new motor vehicle or powersports vehicle dealer or to relocate an existing new motor vehicle or powersports vehicle dealer within or into a relevant market area in which the same line-make of motor vehicle is currently represented, the factory shall provide at least sixty (60) days advance written notice to the Commission and to each new motor vehicle or powersports vehicle dealer of the same line-make in the relevant market area, of the intention of the factory to establish an additional dealer or to relocate an existing dealer within or into the relevant market area. For purposes of this section, any mileage distance shall be measured on a straight line from the nearest property boundary points for the dealership properties at issue. Further, for purposes of this section, the “relevant market area” means the area within a radius of fifteen (15) miles around the site of the proposed new motor vehicle or powersports vehicle dealership measured from the property boundary of primary dealership property. The notice shall be sent by certified mail to each party and shall include the following information: 1. The specific location at which the additional or relocated dealer will be established; 2. The date on or after which the additional or relocated dealer intends to commence business at the proposed location; 3. The identity of all dealers who are franchised to sell the same line-make vehicles as the proposed dealer and who have licensed locations within the relevant market area; 4. The names and addresses of the person intended to be franchised as the proposed additional or relocated dealership, the principal investors in the proposed additional or relocated dealership, and the proposed dealer operator of the proposed additional or relocated dealership; and 5. The specific grounds or reasons for the proposed establishment of an additional dealer or relocation of an existing dealer. B. The notification requirements prescribed in subsection A of this section shall not apply if: 1. The relocation of an existing dealer is within the relevant market area of that dealer; provided, that the relocation not be at a site within ten (10) miles of a licensed dealer for the same line- make of vehicle; 2. A proposed additional dealer which is to be established at or within two (2) miles of a location at which a former licensed dealer for the same line-make of vehicle had ceased operating within the previous two (2) years; 3. The relocation of an existing dealer is within two (2) miles of the existing site of the dealership; or 4. The proposed site for the relocation of an existing dealer is farther away from all other dealers of the same line-make in that relevant market area. C. Within thirty (30) days after receipt of the notice, or within thirty (30) days after the end of an appeal procedure provided by the factory, whichever is greater, a new motor vehicle dealer or new powersports vehicle dealer so notified or entitled to notice may file a petition with the Commission protesting the proposed establishment or relocation. The petition shall contain a short statement setting forth the reasons for the objection of the new motor vehicle dealer to the proposed establishment or relocation. Upon filing of a protest, the Commission shall promptly notify the factory that a timely protest has been filed and shall schedule a hearing, which shall be held within one hundred twenty (120) days of the filing of a timely protest. The factory shall not establish or relocate the dealer until the Commission has held a hearing and has determined that there is good cause for permitting the proposed establishment or relocation. When more than one protest is filed against the establishment or relocation of the same dealer, the Commission shall consolidate the hearings to expedite disposition of the matter. D. The burden of proof to establish that good cause exists for permitting the proposed establishment of a new motor vehicle or new powersports vehicle dealer or relocating an existing dealership shall be on the applicant who seeks to establish a dealership or the relocation of an existing dealership. Added by Laws 2000, c. 341, § 5, eff. Nov. 1, 2000. Amended by Laws 2023, c. 29, § 16, eff. Nov. 1, 2023; Laws 2024, c. 240, § 15, eff. Nov. 1, 2024; Laws 2025, c. 448, § 8, eff. Nov. 1, 2025.
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