Maine Revised Statutes Title 10 Sec. 1435 – Limitations on establishing or relocating dealerships
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A new recreational vehicle dealership may not be established and an existing recreational vehicle dealership may not be relocated, except as follows. [PL 1997, c. 427, §2 (NEW).]
1. Notification. If a manufacturer seeks to enter into a dealer agreement establishing an additional new recreational vehicle dealership or relocating an existing new recreational vehicle dealership, within or into a relevant market area where the same line make is already represented, the manufacturer shall notify, in writing, each new recreational vehicle dealer in the line make in the relevant market area of the intention to establish an additional dealership or to relocate an existing dealership within or into that market area. The relevant market area is a radius of 15 miles around an existing dealership in the following cities: Augusta, Auburn, Bangor, Biddeford, Brewer, Falmouth, Lewiston, Portland, Saco, South Portland, Waterville and Westbrook. The relevant market area is a radius of 30 miles around all other existing dealerships.
Within 30 days of receiving the notice or within 30 days after the end of any appeal procedure provided by the manufacturer, a new recreational vehicle dealership may file a complaint in the Superior Court of the county in which the dealership is located, protesting the establishment or relocation of the new recreational vehicle dealership. When a complaint is filed, the manufacturer may not establish or relocate the proposed new recreational vehicle dealership until a hearing has been held on the merits of establishing or relocating that recreational vehicle dealership, and that dealership may not be established or relocated if the court has determined that there is good cause for not permitting the new recreational vehicle dealership. For the purposes of this section, the reopening in a relevant market area of a new recreational vehicle dealership that has not been in operation for one year or more is considered the establishment of an additional new recreational vehicle dealership.
[PL 1997, c. 427, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 1435
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Dealer: means a person, firm, corporation or business entity licensed or required to be licensed under Title 29?A, including a recreational vehicle dealer to whom a dealer agreement is offered or granted. See Maine Revised Statutes Title 10 Sec. 1432
- Dealer agreement: means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a recreational vehicle dealer a license to use a trade name, service mark or related characteristic and in which there is a community of interest in the marketing of recreational vehicles or services related to recreational vehicles at wholesale, retail or leasing. See Maine Revised Statutes Title 10 Sec. 1432
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Line make: means a specific series of recreational vehicles that:
A. See Maine Revised Statutes Title 10 Sec. 1432Manufacturer: includes distributor or wholesaler, distributor branch, distributor representative, factory branch and factory representative. See Maine Revised Statutes Title 10 Sec. 1432 New recreational vehicle: means a recreational vehicle that has not been previously sold to any person except a distributor or wholesaler or recreational vehicle dealer for resale. See Maine Revised Statutes Title 10 Sec. 1432 Recreational vehicle: includes motor homes, travel trailers, fifth-wheel trailers and folding camping trailers. See Maine Revised Statutes Title 10 Sec. 1432 Recreational vehicle dealer: means any person who sells or solicits or advertises the sale of new recreational vehicles. See Maine Revised Statutes Title 10 Sec. 1432 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Good cause. In determining whether good cause has been established for not entering into a new dealer agreement or relocating an additional dealer for the same line make, the court shall take into consideration the existing circumstances, including, but not limited to:
A. The permanency of the investment of both the existing and proposed new recreational vehicle dealers; [PL 1997, c. 427, §2 (NEW).]
B. The effect on the retail new recreational vehicle business and the public in the relevant market area; [PL 1997, c. 427, §2 (NEW).]
C. Whether it is injurious or beneficial to the public for an additional new recreational vehicle dealer to be established; [PL 1997, c. 427, §2 (NEW).]
D. Whether the new recreational vehicle dealers of the same line make in that relevant market area are providing adequate competition and convenient consumer care for the recreational vehicles of the line make in that market area that includes the adequacy of recreational vehicle sales and service facilities, equipment, supply of recreational vehicle parts and qualified service personnel; [PL 1997, c. 427, §2 (NEW).]
E. Whether the establishment of an additional new recreational vehicle dealership would increase competition and be in the public interest; and [PL 1997, c. 427, §2 (NEW).]
F. The effect on the establishing or relocating dealer as a result of not being permitted to establish or relocate. [PL 1997, c. 427, §2 (NEW).]
[PL 1997, c. 427, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 427, §2 (NEW).