EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1460*
HOUSE BILL 1460
I3, R6 2lr3206
CF SB 428
By: Delegate Watson
Introduced and read first time: February 24, 2022
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Consumer Protection – Automotive Glass Repair or Replacement – Advanced 2
Driver Assistance System Recalibration 3
FOR the purpose of establishing consumer protections related to the repair or replacement 4
of automotive glass on motor vehicles equipped with an advanced driver assistance 5
system; prohibiting an insurer from being charged more than a fair and competitive 6
value for the local market for the recalibration of an advanced driver assistance 7
system; and generally relating to consumer protections related to the repair or 8
replacement of automotive glass on motor vehicles equipped with advanced driver 9
assistance systems. 10
BY repealing and reenacting, with amendments, 11
Article – Commercial Law 12
Section 14–1001 and 14–1009 13
Annotated Code of Maryland 14
(2013 Replacement Volume and 2021 Supplement) 15
BY adding to 16
Article – Commercial Law 17
Section 14–1009 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2021 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Commercial Law 23
14–1001. 24
(a) In this subtitle the following words have the meanings indicated. 25 2 HOUSE BILL 1460
(b) “Automotive repair facility” means any person who [diagnoses], FOR 1
FINANCIAL PROFIT : 2
(1) DIAGNOSES or corrects malfunctions of a motor vehicle [for financial 3
profit]; OR 4
(2) REPAIRS OR REPLACES A UTOMOTIVE GLASS . 5
(c) “Motor vehicle” has the meaning stated in Title 11 of the Transportation 6
Article. 7
(d) “Person” includes an individual, corporation, business trust, statutory trust, 8
estate, trust, partnership, association, two or more persons having a joint or common 9
interest, or any other legal or commercial entity. 10
14–1009. 11
(A) IN THIS SECTION, “ADVANCED DRIVE R ASSISTANCE SYSTEM ” MEANS AN 12
ELECTRONIC SAFETY SY STEM THAT IS DESIGNE D TO SUPPORT A DRIVE R OPERATING 13
A MOTOR VEHICLE THAT IS INTENDED TO INCRE ASE VEHICLE SAFETY A ND REDUCE 14
LOSSES ASSOCIATED WI TH MOTOR VEHICLE CRA SHES. 15
(B) BEFORE REPAIRING OR R EPLACING A UTOMOTIVE GLASS , IF A MOTOR 16
VEHICLE IS EQUIPPED WITH AN ADVANCED DRI VER ASSISTANCE SYSTE M, AN 17
AUTOMOTIVE REPAIR FA CILITY SHALL: 18
(1) INFORM THE CUSTOMER I F THE RECALIBRATION OF AN 19
ADVANCED DRIVER ASSI STANCE SYSTEM IS REQ UIRED; AND 20
(2) PROVIDE THE CUST OMER WITH: 21
(I) AN ITEMIZED DESCRIPTI ON OF THE WORK TO BE 22
PERFORMED ON THE MOT OR VEHICLE; AND 23
(II) IF AN INSURER IS PAYI NG FOR ALL OR A PORT ION OF THE 24
GLASS REPAIR, GLASS REPLACEMENT , OR THE RECALIBRATION OF AN ADVANCED 25
DRIVER ASSISTANCE SY STEM, THE TOTAL AMOUNT THAT TH E INSURER AGREES TO 26
PAY. 27
(C) AN AUTOMOTIVE REPAIR FACILITY MAY NOT REP RESENT TO A 28
CUSTOMER THAT THE CO ST OF WORK TO BE PER FORMED TO RECALIBRAT E AN 29
ADVANCED DRIVER ASSI STANCE SYSTEM ON A M OTOR VEHICLE WILL BE PAID 30
ENTIRELY BY THE CUST OMER’S INSURER AT NO COST TO THE CUSTOMER UNLE SS 31 HOUSE BILL 1460 3
THE COST IS FULLY CO VERED AND APPROVED B Y THE INSURER. 1
(D) AN INSURER MAY NOT BE REQUIRED TO PAY MORE THAN A FAIR AND 2
COMPETITIVE PRICE FO R THE LOCAL MARKET A REA FOR WORK PERFORM ED TO 3
RECALIBRATE AN ADVAN CED DRIVER ASSISTANCE SYSTEM. 4
(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN 5
AUTOMOTIVE REPAIR FA CILITY IS NOT LIMITE D TO AUTOMOTIVE GLAS S, TOOLING, 6
EQUIPMENT, OR REPAIR PROCEDURES PROVIDED BY THE VEHI CLE 7
MANUFACTURER . 8
(2) RECALIBRATION OF AN ADVANCED DRIVER ASSI STANCE SYSTEM 9
PERFORMED BY AN AUTO MOTIVE REPAIR FACILI TY SHALL MEET OR EXC EED THE 10
MOTOR VEHICLE MANUFA CTURER’S SPECIFICATIONS . 11
(3) AN AUTOMOTIVE REPAIR FACILITY MAY NOT CHA RGE FOR 12
SERVICES THAT ARE NO T PERFORMED IN ACCOR DANCE WITH THE MOTOR VEHICLE 13
MANUFACTURER ’S SPECIFICATIONS . 14
(F) IF RECALIBRATION OF A N ADVANCED DRIVER AS SISTANCE SYSTEM IS 15
REQUIRED AND IS NOT PERFORMED OR SUCCESS FULLY COMPLETED , THE 16
AUTOMOTIVE REPAIR FA CILITY SHALL INFORM THE CUSTOMER ELECTRO NICALLY 17
OR IN WRITIN G THAT THE RECALIBRA TION WAS NOT PERFORM ED OR WAS 18
UNSUCCESSFUL AND ADV ISE THE CUSTOMER THA T THE MOTOR VEHICLE SHOULD 19
BE TAKEN TO: 20
(1) A MOTOR VEHICLE MANUFA CTURER’S CERTIFIED DEALERSH IP; 21
OR 22
(2) A QUALIFIED AUTOMOTIVE REPAIR FACILITY CAPA BLE OF 23
PERFORMING THE RECALIBRATI ON OF AN ADVANCED DR IVER ASSISTANCE SYST EM 24
THAT MEETS OR EXCEED S THE MOTOR VEHICLE MANUFACTURER ’S 25
SPECIFICATIONS . 26
[14–1009.] 14–1010. 27
A violation of any provision of this subtitle is an unfair [or], deceptive, OR ABUSIVE 28
TRADE practice within the meaning of Title 13 of this article and is subject to the 29
enforcement and penalty provisions contained in Title 13 of this article. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2022. 32