An Act Regarding the Law Governing Recreational Vehicle Manufacturers, Distributors and Dealers
Maine Legislature, Session 124, LD 1683
Committee: Business, Research and Economic Development
Sponsors: SCHNEIDER, SMITH
Amends: 10 MRSA §1171, 10 MRSA §1361, 10 MRSA §1432, 10 MRSA §1434, 10 MRSA §1437, 10 MRSA §1439, 10 MRSA §1439-A, 10 MRSA §1440, 10 MRSA §1440-A, 10 MRSA §1440-B, 10 MRSA §1441, 10 MRSA §1442, 10 MRSA §1442-A, 10 MRSA §1443, 10 MRSA §1447, 10 MRSA §1447-A

Legislative Document 
No. 1683 
S.P.655 
In Senate, JailUary 6,2010 
An Act Regarding the Law Governing Recreational Vehicle 
Manufacturers, Distributors and Dealers 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator SCHNEIDER of Penobscot. 
Cosponsored by Representative: SMITH of Monmouth. 
Printed .on recycled paper 
9t!)(Y~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec.!. 10 MRSA §1171, sulb-§l1, as amended by PL 1997, c. 473, § 1, is further 
amended to read: 
. 
U. Motor vehicle. "Motor vehicle" means any motor driven vehicle motor-driven 
vehicle, except motorcycles and recreational vehicles defined under section 1432, 
subsection 18-A, required to be registered under Title 29-A, chapter 5. 
Sec. 2. 10 MRSA §1361, sub-§8, as amended by PL 1997, c. 427, § 1, is further 
amended to read: 
. 
8. Goods. "Goods" means residential, recreational, agricultural, farm, commercial or 
business equipment, machinery or appliances that use electricity, gas, wood, a petroleum 
product or a derivative of a petroleum product for operation. "Goods" does not include 
motor vehicles as defined in section 1171, subsection 11 and recreational vehicles as 
defined in section 1432, subsection -l-& 18-A. 
Sec. 3. 10 MRSA §1432, sulb-§I-A is enacted to read: 
I-A. 
Area of sales responsibility. 
"Area of sales responsibility" means the 
geographical area agreed to by the dealer and the manufacturer in the dealer agreement 
within which the dealer has the exclusive right to display or sell the manufacturer's new ' 
recreational. vehicles of a particular line make to the retail public. 
Sec. 4. 10 MRSA §1432, sub-§2, as enacted by PL 1997, c. 427, §2, is amended 
to read: 
2. ·Dealer. "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. 
Sec. 5. 10 MRSA §1432, sub-§8-A is enacted to read: 
8-A. Factory campaign. "Factory campaign" means an effort on the part of a 
warrantor to contact recreational vehicle dealers or owners in order to address a part or 
equipment issue. 
Sec. 6. 10 MRSA §1432, sub-§lO, as enacted by PL 1997, c. 427, §2, is amended 
to read: 
10. Fifth.,.wheel trailer. "Fifth-wheel trailer" meanS a trailer vehicle mounted 011 
wheels designed to provide temporary living quarters for recreational, camping or travel 
use, of such size or weight as not to require special highway movement permits and 
designed to be towed by a motor vehicle that contains a towing mechanism mounted 
above or forward of the tow vehicle's rear axle. 
Sec. 7. lO(MRSA §1432, sub-§lO-A is enacted to read: 
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10-A. Folding camping trailer. "Folding camping trailer" means a vehicle mounted 
on wheels and constructed with collapsible partial side walls that fold for towing by 
another vehicle and unfold to provide temporary living quarters for recreational, camping 
. or travel use.' 
. 
. 
Sec. 8. 10 MRS A §1432, sub-§12-A is enacted to read: 
12-A. Line make. "Line make" means a specific series of recreational vehicles that: 
A. Are identified by a common series trade name or trademark; 
B. 
Are targeted to a particular market segment, as· determined by their decor; 
features, equipment, size, weight and price range; 
C. Have lengths and interior floor plans that distinguish the recreational vehicles 
from other recreational vehicles· with substantially the same decor, equipment, 
features, equipment, size, weight and price range; 
D. Belong to a single, distinct classific~tion of recreational vehicle types having a 
substantial degree of commonality in the construction of the chassis, frame and body; 
and 
E. A dealer agreement authorizes a dealer to sell. 
Sec. 9. 10 MRSA §1432, sub-§13-A is enacted to read: 
13-A. Motor home. "Motor home" means a motor vehicle designed to provide 
temporary living quarters for recreational, camping or travel use that contains at least 4 of 
the following as permanently installed independent systems that meet the National Fire 
Protection Association standard for recreational vehicles: 
A. A cooking facility with an on-board fuel source; 
B .. A potable water supply system that includes at least a sink, a faucet and a water 
tank with an exterior service supply connection; 
C. A toilet with exterior evacuation; 
D. A gas or electric refrigerator; 
E. 
A heating or air-conditioning system with an on-board power or fuel source 
separate from the vehicle engine; and 
F. A lID-volt to 125-voIt electric power supply. 
Sec. 10. 10 MRSA §1432, sub-§16-A is enacted to read: 
16-A. Proprietary part. "Proprietary part" means a part manufactured by or for the 
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manufacturer and sold exclusively by the manufacturer. 
Sec. 11. 
.MRSA §1432, sub-§18, as enacted by PL 1997, c. 427, §2, IS 
repealed. 
Sec. 12.- 10 MRSA §1432, sub-§18-A is enacted to read: 
IS-A. Recreational vehicle. "Recreational vehicle" means a vehicle that is either 
self-propelled or towed by a consumer-owned tow vehicle, is primarily designed to 
provide temporary living quarters for recreational, camping or travel use, complies with 
all applicable federal vehicle regulations and does not require special highway movement. 
permits to legally use the highways. i'Retreational vehicle" includes motor homes, travel 
trailers, fifth-wheel trailers and folding camping trailers. 
. 
Sec. 13. 10 MRSA §1432, sub-§19-A is enacted to read: 
19-A. Supplier. "Supplier" means a person, firm, comoration Or business entity that 
engages in the manufacture of recreational vehicle parts, accessories or components. 
Sec. 14. 10 MRSA §1432, sub-§20-A is enacted to read: 
. 
. 
20-A. 
Transient customer. 
"Transient customer" means a customer who IS 
temporarily traveling through an area of sales responsibility. 
Sec. 15. 10 MRSA§1432, sub-§21, as enacted byPL 1997, c. 427, §2, IS 
amended to read: 
21. Travel trailer; 
"Travel trailer" means a tfai:l.eI: vehicle mounted on wheels 
designed to provide temporary living quarters for recreational, camping or travel use; of 
such size or weight as not to require special highway movement permits when towed by a 
motor vehicle . 
.... , .. 22~, 
. Sec. 16. 10 MRSA §1432, sub-§23 is enacted toread: 
23. Warrantor. "Warrantor" means a person, firm, corporation or business entity, 
including a manufacturer or supplier, that provides a written warranty to the customer in 
connection with a new recreational vehicle or parts, accessories or components of a new 
recreational vehicle. For pumoses of this subsection, "written warranty" does not include 
service contracts, mechanical or other insurance or extended warranties sold for separate 
consideration by a dealer or other person not controlled by a manufacturer. 
Sec. 17. 10 MRSA §1434, sub-§3, 'lfJ, as enacted by PL 1997, c. 427, §2, is 
amended to read: 
. 
J. 
To compete with a recreational vehicle dealer operating under ~n agreement or 
dealer agreement from the manufacturer in a relevant market area that has been 
.determined exclusively by. equitable principles. A manufacturer is not considered to 
be competing when operating a dealership either temporarily for a reasonable period 
not to exceed one year 3 years or in a bona fide relationship in which an independent· 
person has made a significant investment subject to loss in the dealership and can 
reasonably expect to acquire full. ownership of the dealership on reasonable terms and 
conditions; 
. 
. 
Sec. 18. 10 MRS A §1434-A is enacred to read: 
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§1434-A. Termination, cancellation and nonrenewal of a dealer agreement 
.1. Termination; cancellation; nonrenewal. A manufacturer or distributor, directly 
or through an authorized officer, agent or employee, may tenninate,' caricel or fail to 
renew a dealer agreement with or without good cause. If the manufacturer or distributor 
tenninates, cancels or fails to renew the dealer agreement without good cause, the 
manufacturer ore distributor must comply· with. subseCtion 4. 
The manufacturer or 
distributor has the burden of showing good cause for tenninating, canceling or failing to 
renew a dealer agreement. For purposes of determining whether there is good cause for 
the proposed action, any of the following factors may be considered in a proceeding: 
A. The extent of the affected dealer's penetration in the area of sales responsibility; 
B. The nature and extent of the dealer's investment in the dealer's business; 
C. The adequacy of the dealer's service facilities, equipment, parts, supplies and 
personnel; 
D. The effect of the proposed action on the community; 
E. 
The extent and quality of the d.ealer's service under recreational vehicle 
warranties; 
F .. The failure to follow agreed-upon procedures. or standards related to the overall 
operation of the dealership; and 
G. The dealer's perfonnance under the tenns of its dealer agreement. 
2. Notice to dealer; requirements. Except as otherwise provided in this sectiori, a 
manufacturer or distributor shall provide a dealer with at least 90 days' prior written 
, notice of tennination, cancellation or nonrenewal of a dealer agreement if the dealer 
agreement is being tenninated for good cause. 
A. A notice under this subsection must state all reasons for the proposed tennination, 
cancellation .or nonrenewal and must further state that if, within 30 days following 
receipt of the notice, the dealer provides to the manufactUrer or distributor a written 
notice of intent to cure all claimed deficiencies, the dealer will then have 90 days 
following· the manufacturer's or distributor's receipt of the notice to cure the 
deficiencies. 
If the deficiencies are cured within 90 days, the' manufacturer's or 
distributor's notice is voided. If the dealer fails to provide the notice of intent to cure 
the deficiencies in the prescribed time period, the tennination, cancellation or 
nonrenewal takes effect 30 days after the dealer's receipt of the notice unless the 
dealer has new and untitled inventory on hand that may be disposed of pursuant to 
subsection 4. 
. 
B. The notice period under this subsection may be reduced to not less than 30 days' 
prior written notice of tennination, cancellation or nonrenewal if good cause exists. 
Good cause exists for purposes of this paragraph when: 
(1)' A dealer or one of its owners is convicted of or enters a piea of nolo 
contendere to murder or a Class A, Class B or Class C crime for which a sentence 
of imprisonment of one year or more is imposed under Title 17-A, section 1251 
or 1252; 
. 
(2) 
A dealer abandons or closes the dealer's business. operations' for 10 
consecutive business days unless the closing is due.to an act of God, strike, labor 
difficulty or other cause over which the dealer has no control; 
(3) There is a significant misrepresentation by the dealer materially affecting the 
'busine'ss relationship between the dealer and the manufacturer or distributor; 
(4) The dealer's license has been suspended or revoked or has not been renewed; 
(5) . The dealer commits a material violation or-this chapter that is not cured 
within 30 days after receipt of a written notice by the manufacturer or distributor; 
(6) There is a declaration by the dealer of bankruptcy or insolvency or the 
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occurrence of an assignment for the benefit of creditors or bankruptcy; or 
(7) A dealer fails to notify in writing the manufacturer or distributor at least 30 
days prior to entering into a dealer agreement with a manufacturer or distributor 
of a competing, similar line make. 
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The notice requirements ofthis paragraph do not apply if the reason for termination, 
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cancellation or nonrenewal is the dealer's insolvency, the occurrence of an 
assignment for the benefit of creditors or the dealer's bankruptcy. 
3. Notice to manufacturer or distributor; requirement. A dealer may terminate, 
cancel or refuse to renew a dealer agreement with or without good cause by giving 30 
days' written notice to the manufacturer or distributor. 
A. If the termimition, cancellation or refusal to renew is for good cause, the notice 
must state all reasons for the proposed termination, cancellation or nonrenewal and 
must further state that 'if, within· 30 days following receipt of the notice, the 
manufacturer or distributor provides to the dealer a written notice of intent to cure all 
claimed deficiencies, the manufacturer or distributor will then have 90 days foIlowing 
receipt of the original notice to cure the deficiencies. If the deficiencies. are cured 
within 90 days, the dealer's notice is· voided. If the manufacturer or distributor fails to 
provide the notice of intent to cure the deficiencies in the time. period prescribed in 
the original notice of termination, cancellation or nonrenewal,' the pending 
termination, cancellation or nonrenewal takes effect 30 days after the manufacturer's 
or distributor's receipt of the original notice. 
B. If the dealer terminates, cancels or fails to renew the dealer agreement without 
good cause, subsection 4 does not apply. If the dealer terminates, cancels or fails to 
renew the dealer agreement with good cause, subsection 4 applies. The dealer has the 
burden of showing good cause. 
C. 
For purposes of this subsection, good cause for termination, cancellation or 
nonrenewal exists when: 
(1) 
A manufacturer or distributor is convicted of, or enters a plea of nolo 
contendere. to, murder or a Class A, Class B or Class C crime for which a 
sentence of imprisonment of·one year or more is imposed under Title 17-A, 
section 1251 or 1252; 
(2) 
The business operations of the manufacturer or distributor have been 
abandoned or closed for 10 consecutive business days, unless the closing is due 
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to an act of God, strike, labor difficulty or other cause over which the 
manufacturer or distributor has no control; 
(3) There is a significant misrepresentation by the manufacturer or distributor 
materially affecting the business relationship between the dealer and the 
manufacturer or distributor; 
(4) The manufacturer or distributor commits a material violation of this chapter 
that is not cured within 30 days after receipt ofa written notice by the dealer; or 
(5) There is a declaration by the manufacturer or distributor of bankruptcy or 
insolvency or the occurrence of an assignment for the henefit of creditors or 
bankruptcy. 
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4. Repurchase of inventory. If the dealer agreement is terminated, canceled or not 
renewed by the manufacturer or distributor without good cause, or if the dealetterminates 
or cancels the dealer agreement for good cause and the manufacturer or distributor fails to 
cure the claimed deficiencies, the manufacturer or distributor shall, at the election of the 
dealer and within 45 days after termination, cancellation or nonrenewal, repurcha-se: 
A .. All new, untitled recreational vehicles that were acquired from the manufacturer 
or distributor within 12 months before the effective date of the termination, 
cancellation or nonrenewal that have not been used, except for demonstration 
purposes, and that have not been altered or damaged, at 100% of the net invoice cost, 
including transportation, less applicable rebates and discounts to the dealer. If any of 
the vehicles repurchased pursuant to this subsection are damaged, but do not trigger a 
consumer disclosure requirement, the amount due the dealer is reduced by the 'cost to 
repair the.vehicle. Damage prior to delivery to the dealer that is disclosed at the time 
of delivery does not disqualify repurchase under this paragraph; 
B. All undamaged accessories and proprietary parts -Sold to the dealer for resale 
within the 12 months prior to termination,' cancellation or nonrenewal, if 
accompanied by the original invoice, at 105% of the original net price paid to the 
manufacturer or distributor to compensate the· dealer for handling, packing and 
shipping the accessories or parts; and 
C. All properly functioning diagnostic equipment, special tools, current signs and 
other equipment imd machinery at 100% of the dealer's net cost plus freight, 
destination, delivery and distribution charges and sales taxes, if any, if purchased by 
the dealer within 5 years bef()re termination, cancellation or nonrenewal upon the 
mallUfacturer's or distributor's request and the dealer establishes that the items can no 
longer be' used in the normal course of the dealer's ongoing business. The 
manufacturer or· distributor shall pay the dealer within 30 days after receipt of the 
. returned items. 
Sec. 19. 10 MRSA §1437, sub-§I, errA, as enacted by PL 1997, c. 427, §2, is 
amended to read: 
A. 
Any designated family member of a deceased or incapacitated new.recreational 
vehicle dealer who has been designated as successor to that dealer in writing to the 
manufacturer may succeed the dealer in the ownership or operation of the dealership 
under the existing dealer agreement or distribution agreement if the designated f~mily 
member gives the manufacturer of new recreational vehicles a written notice of the 
. intention to succeed to the dealership within ~ 
days of the dealer's death or 
incapacity. The designated family member may not succeed the dealer if there exists 
. good cause for refusal to honor the succ~ssion on the part of the manufacturer. 
Sec. 20. 10 MRSA §1437, sUb-§2, EUA, as enacted by PL 1997, c. 427, §2, is 
amended to read: 
A 
If a manufacturer, distributor, factory branch, factory representative or importer 
believes that good cause exists for refusing to honor the succession to the ownership 
and operation of a dealership by a designated family member of a deceased or 
incapaCitated new recreational vehicle dealer under the existing deaier agreement, the 
manufacturer,within @ 30 days of receipt of the information requested in subsection 
1, paragraph B, may serve upon the designated family member notice of Its refusal to 
honor the succession or its intent to discontinue the existing dealer agreement with 
the dealership. A discontinuance may not take place sooner than 90 days from the 
date the notice is served. 
Sec. 21. 10 MRSA §1439, as enacted by PL 1997, c. 427, §2,'is repealed. 
Sec. 22. 10 MRSA §1439-A is enacted to read: 
§1439-A. VVarranty 
1. VVarranty obligations. A warrantor shall: . 
A· Specify in writing to a dealer the dealer's obligations, if any, for preparation, 
delivery and warranty service on products covered by the warrantor; 
B. Compensate the dealer for warranty service required of a dealer by the warrantor; 
and 
C. Provide a dealer the schedule of compensation to be paid and the time allowances 
for the performance of any work and service. The schedule of compensation must 
include reasonable compensation· for diagnostic work as well as warranty labor. 
. 2. 
Time allowances; reasonable compensation. 
Time allowances set by the 
manufacturer for the diagnosis and performance of warranty labor must be reasonable for 
the work to be performed. 
In the ,determination of what constitutes reasonable 
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compensation under this section, the principal factors to be given consideration are the 
actual wage rates being paid by the dealer and the actual retail labor rate being charged by 
the dealers in the community in which the dealer is doing business. The compensation of 
. a dealer for warranty labor may not be less than the average retail labor rates actually 
charged by the dealer for like nonwarranty labor as long as those rates are reasonable; 
3. Reimbursement for warranty parts. A warrantor shall reimburse a dealer for· 
warranty parts at actual wholesale cost plus a minimum 30% handling charge and the 
cost, if any, of freight to return warranty parts to the warrantor. 
4. 
Audits. 
A warrantor may conduct warranty audits of dealer records on a 
reasonable basis, and dealer:claims for warranty compensation may not be denied except 
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for cause, such as performance of nonwalTanty repairs, material noncompliance with the 
warrantor's published policies and procedures, lack of material documentation, fraud or 
misrepresentation. 
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5. Claims. A dealer shall submit warranty claims within 45 days after completing 
warranty service and repairs. 
6. Notice for inability to perform warranty repairs. A dealer shall immediately 
notiry the warrantor orally or in writing if the dealer is unable to perform any warranty 
repairs within 10 days of receipt of an oral or written complaint from a customer. 
7. Claims not approved. A warrantor shall approve or disapprove a warranty claim 
in-writing within 45 days after the date of submission by a dealer in the manner and form 
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prescribed by the warrantor. Claims not specifically disapproved in writing within 45 
days are deemed to be approved and must be paid within 60 days of submission. 
8. Duties of warrantor. A warrantor: 
A. Shall perfOlm its warranty obligations under this subsection with respect to its 
warranted products; 
B. 
Shall include in written notices of factory campaigns to recreational vehicle 
owners and dealers the expected date by which necessary parts and equipment, 
incltiding tires and chassis or chassis parts, will be available to dealers to perform the 
campaign work. The warrantor may ship parts to the dealer to effect the campaign 
work, and, if such parts are in excess of the dealer's requirements,' the dealer may 
return unused parts to the warrantor for credit after completion of the campaign; 
C. 
Shall compensate dealers for authorized repairs performed by the dealer on 
merchandise damaged in manufacture or transit to the dealer, if the carrier is 
designated by the walTantor, factory branch, distributor or distributor branch; 
D. 
Shall compensate dealers in accordance with the schedule of compensation 
provided to the dealer pursuant to subsection 1, paragraph C if the work or service is 
performed in a timely and competent manner; 
E. May not intentionally misrepresent in any way to a purchaser of a recreational 
vehicle that warranties with respect to the manufacture, performance or design of the 
vehicle are made by the dealer as warrantor or cowarrantor; and 
. F. May not require a dealer to make warranties to customers in any manner related to 
the manufacture of the recreational vehiCle. 
9. Duties of dealer. A dealer: 
A: Shall perform predelivery inspection functions, as specified by the warrantor, in a 
competent and timely manner; 
B. 
Shall perform warranty service or work authorized by the warrantor in a 
competent and timely manner on any transient customer's vehicle of the same line 
make; 
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C. Shall accurately document the time spent completing each repair, the total number 
of repair attempts conducted on a sin·gle vehicle and the number of repair attempts for 
the same repair conducted on a single vehicle; 
D. Shall notify the warrantor within 10 days of a 2nd repair attemptthat impairs the 
use, value or safety of a vehicle; 
E. 
Shall maintain written records, including a customer's signature, regarding the \ 
amount of time a vehicle is stored for the customer's convenience duririg a repair; and. 
F. May not make fraudulent warranty claims or misrepresent the terms of a warranty. 
10. Manufacturer audit of claims. A manufacturer is permitted to audit claims 
within an 18-month period from the date the claim was paid or credit issued by the 
manufacturer and to charge back any false or unsubstantiated claims. If there is evidence 
of fraud, this subsection does not limit the right of the manufacturer to audit for longer 
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periods and charge back for any fraudulent claim. 
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Sec. 23. 10 MRSA §1440, as enacted by PL 1997, c. 427, §2, is repealed. 
Sec. 24. 10 MRSA §1440-A is enacted to read: 
§1440-A. Mediation 
.1. Mediation.· A dealer, manufacturer, distributor or warrantor injured by another 
party's vio lation of this chapter may bring an· action pursuant· to section· 1447. Prior to 
bringing an action under section 1447, the party bringing the action for an alleged 
violation must serve a written demand for mediation upon the offending party. 
A. The demand for mediation under this section must be served upon the other party 
via certified mail at the address stated within the agreement among the parties. 
B. The demand for mediation under this section must contain a brief statement of the 
dispute and the relief sought by the party filing the demand. 
C. Within 20 days after the date a demand for mediation under this section is served, 
the parties shall mutually select an independent certified mediator and meet with that 
mediator for the purpose of attempting. to resolve the dispute. The meeting place must 
be in this State in a location selected by the mediator. The mediator may extend the 
date of the meeting for good cause shown by either palty or upon stipulation of both 
parties. 
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D. The service of a demand for mediation under this section tolls the time fOF the 
filing of any complaint, petition, protest or other action under this chapter until 
representatives of both parties have met with a mutUally selected mediator for the 
. purpose of attempting to resolve the dispute. If a complaint, petition, protest or other 
action is filed before that meeting, the coU\1 shall enter an order suspending the 
proceeding or action until the mediation meeting has occurred and may, upon written 
stipulation of all parties to the proceeding or action that they wish to continue to 
mediate under this section, enter an order suspending the proceeding or action for· as 
long a period as the court considers appropriate. 
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E. 
The parties to the mediation under this section must bear their own costs for 
attorney's fees and divide 'equally the cost of the mediator. 
Sec. 25. 10 MRSA §1440-B is enacted to read: 
§1440-B. Indemnification 
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1. Warrantor. A warrantor shall indemnify and hold harmless its dealer against any 
losses or damages to the extent such losses or damages are caused by the negligence or 
willful misconduct of the warr~ntor. The dealer shall provide to the warrantor notice of a 
pending lawsuit or similar proceeding 'in which such allegations are made within 10 days 
after receiving the notice. 
2. Dealer. A dealer shall indemnify and hold harmless its warrantor against any 
losses o'r damages to the extent su~~ losses or damages are caused by the negl igence or 
willful m isconductof the dealer. The warrantor shall provide to the dealer notice of a 
pending lawsuit or similar proceeding in which such allegations are made within 10 days 
after receiving the notice. 
Sec. 26 .. 10 MRSA §1441,as enacted by PL 1997, c. 427, §2, is repealed. 
Sec. 27. 10 MRSA §1442, as enacted by PL 1997, c. 427, §2, is repealed. 
Sec. 28. 10 MRSA §1442-A is enacted to read: 
§1442-A. Written agreements; designated territories 
1. Prohibition. A manufacturer or distributor may not sell a recreational vehicle in 
'. this State to or through a dealer without having first entered into a dealer agreement with 
the dealer that has been signed by both parties. 
2. Designation of area of sales responsibility. A manufacturer shall designate the 
area of sales responsibility assigned to a dealer in the dealer agreement and may not 
change the area or 'contract with another dealer for sale of the same line make in the area 
during the duration of the agreement. If, subsequent to entering into a dealer agreement, 
a dealer enters into an agreement t6 sell any competing recreational vehicles, or enters 
into an agreement to increase a preexisting commitment to sell any competing 
recreational vehicles, a manufacturer may revise the area of sales responsibility 
designated in the dealer agreement if the market penetration bf the, manufacturer's 
products is jeopardized by the dealer's subsequent agreements. 
3. Change of area of sales responsibility. The area of sales responsibility may not 
be changed until one year after the execution of the dealer agreement.' The consent of 
both parties is required to change the dealer agreement. 
4. Sale of new recreational vehicles. A dealer may not sell a new recreational 
vehicle in this State without havirig first entered into a dealer agreement with a' 
manufacturer or distributor that has been signed by both parties. 
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Sec~ 29. 10 MRSA §1443, as enacted by PL 1997, c. 427, §2, is repealed. 
Sec. 30. 10 MRSA §1447, as enacted by PL 1997,c. 427, §2, is amended to read: 
§1447. Civil remedies 
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Any manufacturer, warrantor, dealer or recreational vehicle dealer who has been 
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da~aged by reason of a violation of a provision of this chapter may bring an action to 
enjoin that violation a person from acting as a dealer without being properly licensed, 
from violating or continuing to violate any of the provisions of this chapter, or from 
failing or refusing to comply with the requirements of this chapter, and to recover any 
damages arising from that violation of any part of this chapter. The injunction must be 
issued without bond. A single act in violation of the provisions of this chapter is sufficient 
to authorize the issuance of an injunction. A final judgment, order or decree rendered 
against a person in any civil, criminal or administrative proceeding under the federal 
antitrust laws, the Federal Trade Commission Act or under the Maine Revised Statutes is 
prima facie evidence against that person subject to the conditions set forth in the federal 
antitrust laws, 15 United States Code, Section 16. The court shall award attorney's fees 
and costs to the prevailing party in such an action. 
Sec.31. 10 MRSA §1447-A is enacted to read: 
§1447-A. Venue 
Venue for a civil action authorized by this chapter is exclusively in the county in 
which the dealer's business is located. In an action involving more than one dealer, venue 
may be in any county in which any dealer that is party to the action is located. 
SUMMARY 
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This bill removes motorized recreational vehicles from the laws governing motor 
vehicle manufacturers, distributors and dealers and adds them to the laws governing 
nonmotorized recreational vehicles. 
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