An Act To Amend the Motor Vehicle Franchise Laws
Maine Legislature, Session 126, LD 1482
Committee: Labor, Commerce, Research and Economic Development
Sponsors: CAIN, FREDETTE, ALFOND, KATZ, THIBODEAU, BERRY, HERBIG, WILLETTE
Amends: 10 MRSA §1171, 10 MRSA §1174, 10 MRSA §1176

Legislative Document 
No. 1482 
S.P. 544 
In Senate, April 30, 2013 
An Act To Amend the Motor Vehicle Franchise Laws 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator CAIN of Penobscot. 
Cosponsored by Representative FREDETTE of Newport and 
Senators: President ALFOND of Cumberland, KATZ of Kennebec, THIBODEAU of Waldo, 
Representatives: BERRY of Bowdoinham, HERBIG of Belfast, McCABE of Skowhegan, 
WILLETTE of Mapleton. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA §1171, sub-§3-A is enacted to read: 
3-A.  Essential tool.  "Essential tool" means a tool, implement or other device, 
including but not limited to a tablet, scanner, diagnostic machine, computer, computer 
program, computer software, website, website portal or similar tool, with respect to which 
there is no other similar tool or device available from any source other than the 
manufacturer or the representative of a manufacturer that will perform the function 
necessary to the diagnosis or repair of a manufacturer's express warranty claim on a new 
motor vehicle. 
Sec. 2.  10 MRSA §1174, sub-§3, ¶A, as amended by PL 1997, c. 521, §8, is 
further amended to read: 
A.  To refuse to deliver in reasonable quantities and within a reasonable time after 
receipt of a dealer's order to any motor vehicle dealer having a franchise or 
contractual arrangement for the retail sale of new motor vehicles sold or distributed 
by that manufacturer, distributor, distributor branch or division, factory branch or 
division any motor vehicles or parts or accessories to motor vehicles covered by that 
franchise or contract specifically publicly advertised by that manufacturer, 
distributor, distributor branch or division, factory branch or division or wholesale 
branch or division to be available for delivery.  The allocation of new motor vehicles 
in this State must be made on a fair and equitable basis and must consider the needs 
of those dealerships with a relevant market area radius of more than 5 miles as 
defined in section 1174-A, subsection 1.  The manufacturer has the burden of 
establishing the fairness of its allocation system.  A failure by a manufacturer to 
provide to a dealer a fair and adequate supply and mix of vehicles, including the 
allocation of vehicles under any separate dealer designation, including but not limited 
to "premier," "business class or elite" or any other designation not enjoyed by, or 
available to, all new motor vehicle dealers for that franchise, precludes a 
manufacturer from terminating a new motor vehicle dealer for inadequate sales or 
market penetration.  The delivery to another dealer of a motor vehicle of the same 
model and similarly equipped as the vehicle ordered by a motor vehicle dealer who 
has not received delivery of the vehicle, but who had placed a written order for the 
vehicle prior to the order of the dealer who receives the vehicle, or the failure to 
deliver such vehicles if the failure results in whole or part in an increase in the 
dealer's so-called day's supply, is evidence of a delayed delivery of, or refusal to 
deliver, a new motor vehicle to a motor vehicle dealer within a reasonable time, 
without cause.  The  failure to deliver any motor vehicle is not considered a violation 
of this chapter if the failure is due to an act of God, work stoppage or delay due to a 
strike or labor difficulty, shortage of materials, freight embargo or other cause over 
which the manufacturer, distributor or any agent of the manufacturer or distributor 
has no control.  A separate dealer agreement is not required of a new motor vehicle 
dealer already a party to a dealer agreement or franchise agreement for the retail sale 
of any particular new motor vehicle model made or distributed by a manufacturer, 
distributor, distributor branch or division, factory branch or division, wholesale 
branch or division or officer, agent or other representative thereof, except that a 
manufacturer or distributor may require a dealer to purchase special tools or 
equipment, stock reasonable quantities of certain parts, purchase reasonable 
quantities of promotional materials or participate in training programs that are 
reasonably necessary for the dealer to sell or service such a new motor vehicle model.  
Any special tools, parts or signs not used within 2 years of receipt by the dealer may 
be returned by the dealer to the manufacturer or distributor for a full refund of cost of 
those special tools, parts and signs; 
Sec. 3.  10 MRSA §1174, sub-§3, ¶F-1, as enacted by PL 1999, c. 766, §1, is 
amended to read: 
F-1.  To vary or change the cost or the markup in any fashion or through any device 
whatsoever to any dealer for any motor vehicle of that line make based on: 
(1)  The purchase by any dealer of furniture or other fixtures from any particular 
source; or 
(2)  The purchase by any dealer of computers or other technology from any 
particular source;. 
A manufacturer that designates any tool as special or essential, or who requires the 
purchase of hardware or software, whether or not designated as an essential tool, may 
recover from the dealer only its actual costs of providing any such tool, the actual 
costs of user or maintenance fees or other costs of any nature of software for any such 
tool; 
Sec. 4.  10 MRSA §1174, sub-§3, ¶N, as amended by PL 2009, c. 367, §2, is 
further amended to read: 
N.  To require any new motor vehicle dealer to change the location of the new motor 
vehicle dealership or during the course of the agreement or as a condition of renewal 
of a franchise agreement to make any substantial alterations to the dealership 
premises when to do so would be unreasonable.  A manufacturer may not require any 
substantial alterations or renovations to the dealership's premises without written 
assurance of a sufficient supply of new motor vehicles so as to justify an expansion in 
light of the current market and economic conditions, require any new motor vehicle 
dealer to use a specific service provider in relation to any dealership premises or 
facilities alterations or renovations, including but not limited to architecture, signage, 
materials or construction, require any substantial renovation or alteration to 
dealership premises or facilities without providing a dealer-specific detailed 
economic analysis of the impact of any such alterations or renovations on sales and 
service and dealer profitability that substantiates the need for those alterations or 
renovations or require a new motor vehicle dealer to make any substantial alterations 
or renovations more than once every 10 years; 
Sec. 5.  10 MRSA §1174, sub-§3, ¶¶V and W are enacted to read: 
V.  Except as expressly authorized in this paragraph, to require a motor vehicle dealer 
to provide its customer lists, customer information, consumer contact information, 
transaction data or service files. 
(1)  The following definitions apply to this paragraph: 
(a)  "Dealer management computer system" means a computer hardware and 
software system that is owned or leased by the dealer, including a dealer's use 
of web applications, software or hardware, whether located at the dealership 
or provided at a remote location, and that provides access to customer records 
and transactions by a motor vehicle dealer and that allows the motor vehicle 
dealer timely information in order to sell vehicles, parts or services through 
that motor vehicle dealership. 
(b)  "Dealer management computer system vendor" means a seller or reseller 
of dealer management computer systems or a 3rd party working pursuant to a 
contract with or to the benefit of a manufacturer. 
(c)  "Security breach" means an incident of unauthorized access to and 
acquisition of records or data containing dealership or dealership customer 
information through which unauthorized use of the dealership or dealership 
customer information has occurred or is reasonably likely to occur or that 
creates material risk of harm to a dealership or a dealership's customer.  An 
incident of unauthorized access to and acquisition of records or data 
containing dealership or dealership customer information, or an incident of 
disclosure of dealership customer information to one or more 3rd parties that 
was not specifically authorized by the dealer or customer, constitutes a 
security breach. 
(2)  Any requirement by a manufacturer, distributor, wholesaler, distributor 
branch or division, factory branch or division, wholesale branch or division or 
officer, agent or other representative thereof that a new motor vehicle dealer 
provide its customer lists, customer information, consumer contact information, 
transaction data or service files as a condition of the dealer's participation in any 
incentive program or contest, for a customer or dealer to receive any incentive 
payments otherwise earned under an incentive program or contest, for the dealer 
to obtain customers or customer leads or for the dealer to receive any other 
benefits, rights, merchandise or services that the dealer would otherwise be 
entitled to obtain under the franchise or any other contract or agreement or that 
are customarily provided to dealers is voidable at the option of the dealer, unless 
all of the following conditions are satisfied: 
(a)  The customer information requested relates solely to the specific program 
requirements or goals associated with such manufacturers' or distributors' 
own new vehicle makes or specific vehicles of their own make that are 
certified preowned vehicles and the dealer is not required to provide general 
customer information or other information related to the dealer;  
(b)  The requirement is lawful and would not require the dealer to allow any 
customer the right to opt out under the federal Gramm-Leach-Bliley Act, 15 
United States Code, Chapter 94, Subchapter I; and 
(c)  The dealer is not required to allow the manufacturer, distributor or a 3rd 
party to have direct access to the dealer's dealer management computer 
system, but the dealer is instead permitted to provide the same dealer, 
consumer or customer data or information specified by the manufacturer or 
distributor by timely obtaining and pushing or otherwise furnishing the 
required data in a widely accepted file format in accordance with 
subparagraph (11). 
(3)  Nothing contained in this section limits the ability of a manufacturer, 
distributor, wholesaler, distributor branch or division, factory branch or division, 
wholesale branch or division or officer, agent or other representative thereof to 
require that the dealer provide, or use in accordance with law, customer 
information related solely to that manufacturer or distributor's own vehicle makes 
to the extent necessary to: 
(a)  Satisfy any safety or recall notice obligations; 
(b)  Complete the sale and delivery of a new motor vehicle to a customer; 
(c)  Validate and pay customer or dealer incentives; or 
(d)  Submit to the manufacturer, distributor, wholesaler, distributor branch or 
division, factory branch or division, wholesale branch or division or officer, 
agent or other representative thereof claims under section 1176. 
(4)  At the request of a manufacturer, distributor, wholesaler, distributor branch 
or division, factory branch or division, wholesale branch or division or officer, 
agent or other representative thereof, a dealer may be required to provide 
customer information related solely to that manufacturer's, distributor's, 
wholesaler's, distributor branch's or division's, factory branch's or division's or 
wholesale branch's or division's own vehicle makes for reasonable marketing 
purposes, market research, consumer surveys, market analysis and dealership 
performance analysis, except that the dealer is required to provide such customer 
information only if the provision of the information is lawfully permissible, the 
requested information relates solely to specific program requirements or goals 
associated with the manufacturer's or distributor's own vehicle makes and does 
not require the dealer to provide general customer information or other 
information related to the dealer and the requested information can be provided 
without requiring that the dealer allow any customer the right to opt out under the 
federal Gramm-Leach-Bliley Act, 15 United States Code, Chapter 94, Subchapter 
I. 
(5)  A manufacturer, distributor, wholesaler, distributor branch or division, 
factory branch or division, wholesale branch or division or officer, agent or other 
representative thereof may not access or obtain dealer or customer data from or 
write dealer or customer data to a dealer management computer system used by a 
motor vehicle dealer or require or coerce a motor vehicle dealer to use a 
particular dealer management computer system, unless the dealer management 
computer system allows the dealer to reasonably maintain the security, integrity 
and confidentiality of the data maintained in the system.  Any fees, costs, 
assessments or other charges of any kind whatsoever charged by a manufacturer 
to provide hardware or software for a dealer management computer system may 
not exceed the actual incremental cost to the manufacturer or distributor.  A 
manufacturer, distributor, wholesaler, distributor branch or division, factory 
branch or division, wholesale branch or division or officer, agent, dealer 
management computer system vendor or other representative thereof, or a 3rd 
party acting on behalf of a manufacturer, distributor, wholesaler, distributor 
branch or division, factory branch or division, wholesale branch or division or 
officer, agency, dealer management computer system vendor or other 
representative thereof, may not prohibit a dealer from providing a means to 
regularly and continually monitor the specific data accessed from or written to 
the dealer's dealer management computer system and from complying with 
applicable state and federal laws, rules and regulations.  Nothing in this 
subparagraph imposes an obligation on a manufacturer, distributor, wholesaler, 
distributor branch or division, factory branch or division, wholesale branch or 
division or officer, agent, dealer management computer system vendor or other 
representative thereof, or a 3rd party acting on behalf of a manufacturer, 
distributor, wholesaler, distributor branch or division, factory branch or division, 
wholesale branch or division or officer, agency, dealer management computer 
system vendor or other representative thereof, to provide such capability. 
(6)  A manufacturer, distributor, wholesaler, distributor branch or division, 
factory branch or division, wholesale branch or division or officer, agent or other 
representative thereof or dealer management computer system vendor, or a 3rd 
party acting on behalf of a manufacturer, distributor, wholesaler, distributor 
branch or division, factory branch or division, wholesale branch or division or 
officer, agent or other representative thereof or dealer management computer 
system vendor may not access or use customer or prospect information 
maintained in a dealer management computer system used by a motor vehicle 
dealer for purposes of soliciting a customer or prospect on behalf of, or directing 
a customer or prospect to, any other dealer.  The limitations in this subsection do 
not apply to: 
(a)  A customer that requests a reference to another dealership; 
(b)  A customer that moves more than 100 miles away from the dealer whose 
data were accessed; 
(c)  Customer or prospect information that was provided to the dealer by the 
manufacturer, distributor, wholesaler, distributor branch or division, factory 
branch or division, wholesale branch or division or officer, agent or other 
representative thereof; or 
(d)  Customer or prospect information obtained by the manufacturer, 
distributor, wholesaler, distributor branch or division, factory branch or 
division, wholesale branch or division or officer, agent or other 
representative thereof in which the dealer agrees to allow the manufacturer, 
distributor, wholesaler, distributor branch or division, factory branch or 
division, wholesale branch or division or officer, agent or other 
representative thereof or dealer management computer system vendor or a 
3rd party acting on behalf of a manufacturer, distributor, wholesaler, 
distributor branch or division, factory branch or division, wholesale branch or 
division or officer, agent or other representative thereof or dealer 
management computer system vendor the right to access and use the 
customer or prospect information maintained in the dealer's dealer 
management computer system for purposes of soliciting a customer or 
prospect of the dealer on behalf of or directing a customer or prospect to any 
other dealer in a separate, stand-alone written instrument dedicated solely to 
such an authorization. 
(7)  A manufacturer, distributor, wholesaler, distributor branch or division, 
factory branch or division, wholesale branch or division or officer, agent or other 
representative thereof or dealer management computer system vendor or a 3rd 
party acting on behalf of a manufacturer, distributor, wholesaler, distributor 
branch or division, factory branch or division, wholesale branch or division or 
officer, agent or other representative thereof or dealer management computer 
system vendor may not provide access to customer or dealership information 
maintained in a dealer management computer system used by a motor vehicle 
dealer without first obtaining the dealer's prior express written consent, revocable 
by the dealer upon 5 days' written notice, to provide such access.  Prior to 
obtaining such consent and prior to entering into an initial contract or renewal of 
a contract with a dealer, the manufacturer, distributor, wholesaler, distributor 
branch or division, factory branch or division, wholesale branch or division or 
officer, agent or other representative thereof or dealer management computer 
system vendor or a 3rd party acting on behalf of or through a manufacturer, 
distributor, wholesaler, distributor branch or division, factory branch or division, 
wholesale branch or division or officer, agent or other representative thereof or 
dealer management computer system vendor shall provide to the dealer a written 
list of all specific 3rd parties to whom any data obtained from the dealer have 
actually been provided within the 12-month period ending November 1st of the 
prior year.  The list must describe the scope and specific fields of the data 
provided.  In addition to the initial list, a dealer management computer system 
vendor or a 3rd party acting on behalf of or through a dealer management 
computer system vendor must provide to the dealer an annual list of 3rd parties to 
whom such data are actually being provided on November 1st of each year and to 
whom the data have actually been provided in the preceding 12 months and 
describe the scope and specific fields of the data provided.  Lists required 
pursuant to this subparagraph must be provided to the dealer by January 1st of 
each year.  A dealer management computer system vendor's contract that directly 
relates to the transfer or accessing of dealer or dealer customer information must 
conspicuously state: "NOTICE TO DEALER:  THIS AGREEMENT RELATES 
TO 
THE 
TRANSFER 
AND 
ACCESSING 
OF 
CONFIDENTIAL 
INFORMATION AND CONSUMER-RELATED DATA."  Consent in 
accordance with this subparagraph does not change any such person's obligations 
to comply with the terms of this section and any additional state or federal laws, 
rules and regulations.  A dealer management computer system vendor may not 
refuse to provide a dealer management computer system to a motor vehicle dealer 
if the dealer refuses to provide consent under this subparagraph. 
(8)  A dealer management computer system vendor or 3rd party acting on behalf 
of or through a dealer management computer system vendor may not access or 
obtain data from or write data to a dealer management computer system used by a 
motor vehicle dealer unless the dealer management computer system allows the 
dealer to reasonably maintain the security, integrity and confidentiality of 
customer and dealer information maintained in the system.  A dealer management 
computer system vendor or 3rd party acting on behalf of or through a dealer 
management computer system vendor may not prohibit a dealer from providing a 
means to regularly and continually monitor the specific data accessed from or 
written to the dealer management computer system and from complying with 
applicable state and federal laws, rules and regulations.  This subparagraph does 
not impose on a manufacturer, distributor, wholesaler, distributor branch or 
division, factory branch or division, wholesale branch or division or officer, agent 
or other representative thereof or dealer management computer system vendor or 
a 3rd party acting on behalf of or through a manufacturer, distributor, wholesaler, 
distributor branch or division, factory branch or division, wholesale branch or 
division or officer, agent or other representative thereof or dealer management 
computer system vendor an obligation to provide such capability. 
(9)  A manufacturer, distributor, wholesaler, distributor branch or division, 
factory branch or division, wholesale branch or division or officer, agent or other 
representative thereof or dealer management computer system vendor or a 3rd 
party acting on behalf of or through a manufacturer, distributor, wholesaler, 
distributor branch or division, factory branch or division, wholesale branch or 
division or officer, agent or other representative thereof or dealer management 
computer system vendor that has electronic access to customer or motor vehicle 
dealership data in a dealer management computer system used by a motor vehicle 
dealer shall provide notice to the dealer of any security breach of dealership or 
customer data obtained through that access, which at the time of the security 
breach was in the possession or custody of the manufacturer, distributor, 
wholesaler, distributor branch or division, factory branch or division, wholesale 
branch or division or officer, agent or other representative thereof or dealer 
management computer system vendor or a 3rd party.  The disclosure notification 
must be made without unreasonable delay by the manufacturer, distributor, 
wholesaler, distributor branch or division, factory branch or division, wholesale 
branch or division or officer, agent or other representative thereof or dealer 
management computer system vendor or a 3rd party following discovery by the 
person, or notification to the person, of the security breach.  The disclosure 
notification must describe measures reasonably necessary to determine the scope 
of the security breach and corrective actions that may be taken in an effort to 
restore the integrity, security and confidentiality of the data; these measures and 
corrective actions must be implemented as soon as practicable by all persons 
responsible for the security breach. 
(10)  Nothing in this section precludes, prohibits or denies the right of the 
manufacturer, distributor, wholesaler, distributor branch or division, factory 
branch or division, wholesale branch or division or officer, agent or other 
representative thereof to receive customer or dealership information from a motor 
vehicle dealer for the purposes of complying with federal or state safety 
requirements or implement any steps related to manufacturer recalls at such times 
as necessary in order to comply with federal and state requirements or 
manufacturer recalls as long as receiving this information from the dealer does 
not impair, alter or reduce the security, integrity and confidentiality of the 
customer and dealership information collected or generated by the dealer. 
(11)  Notwithstanding any of the terms or provisions contained in this 
subparagraph or in any consent, authorization, release, novation, franchise or 
other contract or agreement, whenever any manufacturer, distributor, wholesaler, 
distributor branch or division, factory branch or division, wholesale branch or 
division or officer, agent or other representative thereof or dealer management 
computer system vendor or a 3rd party acting on behalf of or through a 
manufacturer, distributor, wholesaler, distributor branch or division, factory 
branch or division, wholesale branch or division or officer, agent or other 
representative thereof or dealer management computer system vendor requires 
that a new motor vehicle dealer provide any dealer, consumer or customer data or 
information through direct access to a dealer's dealer management computer 
system, the dealer is not required to provide, and may not be required to consent 
to provide in a written agreement, that direct access to its dealer management 
computer system.  The dealer may instead provide the same dealer, consumer or 
customer data or information specified by the requesting party by timely 
obtaining and furnishing the requested data to the requesting party in a widely 
accepted file format except that, when a dealer would otherwise be required to 
provide direct access to its dealer management computer system under the terms 
of a consent, authorization, release, novation, franchise or other contract or 
agreement, a dealer that elects to provide data or information through other 
means may be charged a reasonable initial setup fee and a reasonable processing 
fee based on actual incremental costs incurred by the party requesting the data for 
establishing and implementing the process for the dealer.  A term or provision 
contained in a consent, authorization, release, novation, franchise or other 
contract or agreement that is inconsistent with this subsection is voidable at the 
option of the dealer. 
(12)  Notwithstanding the terms or conditions of any consent, authorization, 
release, novation, franchise or other contract or agreement, a manufacturer, 
distributor, wholesaler, distributor branch or division, factory branch or division, 
wholesale branch or division or officer, agent or other representative thereof or 
dealer management computer system vendor or a 3rd party acting on behalf of or 
through a manufacturer, distributor, wholesaler, distributor branch or division, 
factory branch or division, wholesale branch or division or officer, agent or other 
representative thereof or dealer management computer system vendor that has 
electronic access to consumer or customer data or other information in a dealer 
management computer system used by a new motor vehicle dealer, or who has 
otherwise been provided consumer or customer data or other information by the 
dealer, shall fully indemnify and hold harmless a dealer from whom it has 
acquired that consumer or customer data or other information from all damages, 
costs and expenses incurred by that dealer, including, but not limited to, 
judgments, settlements, fines, penalties, litigation costs, defense costs, court costs 
and attorney's fees arising out of complaints, claims, civil or administrative 
actions and, to the fullest extent allowable under the law, governmental 
investigations and prosecutions to the extent caused by the access, storage, 
maintenance, use, sharing, disclosure or retention of that dealer's consumer or 
customer data or other information by the manufacturer, distributor, wholesaler, 
distributor branch or division, factory branch or division, wholesale branch or 
division or officer, agent or other representative thereof or dealer management 
computer system vendor or a 3rd party acting on behalf of or through a 
manufacturer, distributor, wholesaler, distributor branch or division, factory 
branch or division, wholesale branch or division or officer, agent or other 
representative thereof or dealer management computer system vendor; and 
(13)  This section applies to contracts entered into on or after November 1, 2005. 
W.  To refuse to allow access by a dealer to a dealer file in accordance with this 
paragraph. 
(1)  For purposes of this paragraph, "dealer file" means all reports, memoranda, 
letters or other documents, in hard copy or electronic form, that a manufacturer, 
distributor, wholesaler, distribution branch or division, factory branch or division, 
wholesale branch or division or officer, agent or other representative thereof has 
in its possession that are created after the effective date of this paragraph, that 
contain information or data and that state, reflect, display or represent a failure by 
the dealer to perform in compliance with the obligations of the franchise 
agreement or other standards established by the manufacturer, distributor, 
wholesaler, distribution branch or division, factory branch or division, wholesale 
branch or division or officer, agent or other representative thereof, including, but 
not limited to, sales performance, effectiveness and goals, customer satisfaction 
index, facility issues and standards, fixed operations, employee matters including 
personal information concerning the dealer principal as well as any executive 
manager, sales manager, parts manager or service manager and any dealer 
successor, financial information and profitability, inventory, warranty issues and 
audits, marketing and advertising, sales and facility programs, contact reports and 
market studies. 
(2)  A dealer has the right to review and obtain copies of its complete dealer file 
once every 18 months.  A manufacturer, distributor, wholesaler, distribution 
branch or division, factory branch or division, wholesale branch or division or 
officer, agent or other representative thereof shall provide the dealer file or the 
requested portion of the file to the dealer within 30 days of the dealer's written 
request, which may be submitted electronically.  The manufacturer, distributor, 
wholesaler, distribution branch or division, factory branch or division, wholesale 
branch or division or officer, agent or other representative thereof may provide 
the file electronically and shall certify that the dealer file it produces is complete 
as of the date of production.  If the file is provided in paper format, the dealer 
may be charged a reasonable per page fee for copies, as long as the fee does not 
exceed the usual and customary fee charged by copy centers in the immediate 
vicinity of the location of the file.  No other fees or charges may be assessed. 
(3)  Any documents or portions of documents that are not produced by the 
manufacturer, distributor, wholesaler, distribution branch or division, factory 
branch or division, wholesale branch or division or officer, agent or other 
representative thereof in response to a dealer's request pursuant to this paragraph 
must, at the option of the dealer, be excluded from, and are not admissible as 
evidence and may not be used in any manner at, any proceeding at the board or 
any other State agency or any court proceeding. 
Sec. 6.  10 MRSA §1176, as amended by PL 2003, c. 356, §10, is further amended 
by adding a new 2nd paragraph to read: 
A franchisor shall pay those elements of a warranty claim that the dealer performs in 
a professional manner or if the work performed is to the benefit of the consumer, 
regardless of whether the franchisor contests any other element of that warranty claim. 
SUMMARY 
This bill amends the motor vehicle dealer franchise laws.  It defines "essential tool" 
as a tool specific to a manufacturer that is instrumental to the diagnosis or repair of a 
manufacturer's express warranty claim on a new motor vehicle.  It amends the laws 
related to a manufacturer's requirement to provide a fair supply and mix of vehicles.  It 
clarifies that when a manufacturer requires a dealer to purchase a special or essential tool 
a manufacturer may charge only its actual cost for such a tool.  It establishes standards 
protecting dealership data from unauthorized use.  It clarifies the right of a dealer to see 
the dealer's file regarding compliance with the franchise agreement.  It also amends the 
warranty law to clarify that if a dealer performs warranty service and the work is done in 
a professional manner and the repair is otherwise completed to the benefit of the 
consumer, if the manufacturer objects to a technical requirement associated with the 
warranty submission process or to a specific aspect of the repair, those elements of the 
warranty claim that are not objectionable must be paid.