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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 23
BY SENATOR PEACOCK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES. Provides relative to new or relocated motorcycle or all-terrain vehicle
dealerships. (8/1/13)
AN ACT1
To amend and reenact R.S. 32:1252(7) and 1270.10(A) and (B), relative to motorcycles and2
all-terrain vehicles; to provide for the area of responsibility for motorcycles and all-3
terrain vehicles; to notify certain existing motorcycle and all-terrain dealerships of4
any proposed new motorcycle or all-terrain vehicle dealerships or the relocation of5
a dealership; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 32:1252(7) and 1270.10(A) and (B) are hereby amended and8
reenacted to read as follows:9
§1252. Definitions10
The following words, terms, and phrases, when used in this Chapter, shall11
have the meanings respectively ascribed to them in this Section, except where the12
context clearly indicates a different meaning:13
* * *14
(7) "Community or territory" or "area of responsibility" shall mean the15
licensee's area of principal sales and service responsibility as specified by the16
franchise in effect with any licensee of the commission.17 SB NO. 23
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(a) The area of responsibility of a licensee shall not be comprised of an area1
less than the applicable area provided for in Subparagraphs Subparagraph (b) and2
(c) of this Paragraph, unless approved by the commission pursuant to the provisions3
of this Chapter, or if, on August 15, 2001, such dealer had an effective contractual4
agreement for a smaller area of responsibility.5
(b) A marine dealer's area of responsibility shall mean the marine dealer's6
area of principal sales and service responsibility as specified by the contract,7
franchise, or selling agreement in effect with the manufacturer or distributor. The8
marine manufacturer or distributor shall designate and provide to the commission in9
writing the marine dealer's area of responsibility when the contract is granted or,10
should there be contracts in existence on August 15, 2004, without such designation,11
the commission shall require the manufacturer or distributor to designate the area of12
responsibility. The manufacturer or distributor shall adopt uniform procedures to13
establish the area of responsibility that is assigned to a marine dealer. The uniform14
procedures shall include market research information from identified credible15
industry sources that project product sales of the brand of marine product for which16
the contract or franchise agreement is granted. In the absence of such designation by17
the manufacturer or distributor, or in the event that the area of responsibility18
designated by the manufacturer or distributor is rejected by the commission and such19
decision by the commission is affirmed on appeal, the marine dealer's area of20
responsibility shall mean either of the following:21
(i) The area within a fifteen-mile radius of the dealership if the dealership is22
located in a parish containing a population of three hundred thousand persons or23
more.24
(ii) The area within a thirty-mile radius of the dealership if the dealership is25
located in a parish containing a population of less than three hundred thousand26
persons.27
(c) A motorcycle or all-terrain vehicle dealer's area of responsibility shall28
mean the area within at least a thirty-mile radius of the location of his dealership.29 SB NO. 23
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Coding: Words which are struck through are deletions from existing law;
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* * *1
§1270.10. Establishment of new motorcycle or all-terrain vehicle dealerships or2
relocations; protests; procedure3
A. Whenever the commission receives an application for a recreational4
products dealer's license which would add a new motorcycle or all-terrain vehicle5
dealership, it shall first notify the existing licensed motorcycle or all-terrain vehicle6
dealership or dealerships selling the same-line makes, models, or classifications if7
the new dealership's proposed location is within the existing dealer's area of8
responsibility within a thirty-mile radius of the proposed dealership, and the9
notified dealers. Any same-line makes, models, or classifications dealership whose10
area of responsibility includes the location of the proposed new motorcycle or all-11
terrain vehicle dealership may object to the granting of the license.12
B. Whenever the commission receives an application for a recreation13
products dealer's license which would relocate an existing motorcycle or all-terrain14
vehicle dealership, it shall first notify any existing licensed motorcycle or all-terrain15
vehicle dealership selling the same-line makes, models, or classifications if the16
dealership's proposed new location is within the existing dealer's area of17
responsibility within a thirty-mile radius of the proposed relocation address of18
a dealership. Any existing same-line makes, models, or classifications dealership19
shall have the right to object to the granting of the license only if the proposed20
relocation is within a radius of seven miles of its facility. However, without regard21
to distance, whenever the commission receives an application for the relocation of22
a motorcycle or all-terrain vehicle dealership which would add an additional23
franchise to an existing same-line makes, models, or classifications dealership's area24
of responsibility, the affected motorcycle or all-terrain vehicle dealership shall have25
the right to object.26
* * *27 SB NO. 23
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Present law defines the term "community or territory" or "area of responsibility".
Proposed law removes from the definition of "community or territory" or "area of
responsibility" the requirement that the area of responsibility for a motorcycle or all-terrain
vehicle dealership be an area within at least a thirty-mile radius of the location of his
dealership.
Present law requires the Louisiana Motor Vehicle Commission (commission) to notify
existing licensed motorcycle or all-terrain vehicle dealership or dealerships selling the same-
line makes, models, or classifications if a new dealership or relocation of an existing
dealership is within the existing dealer's area of responsibility.
Proposed law changes criteria to determine which existing dealership or dealerships the
commission must notify if a new dealership or if an existing dealership relocates in a
particular area. The new criteria will be based on a thirty-mile radius of the proposed new
dealership or the proposed relocation address of a dealership.
Effective August 1, 2013.
(Amends R.S. 32:1252(7) and 1270.10(A) and (B))