EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0428*
SENATE BILL 428
I3, R6 2lr1896
By: Senator West
Introduced and read first time: January 26, 2022
Assigned to: Finance
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 SENATE BILL 428
(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 AUTOMOTIVE 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 DRIVER ASSI STANCE SYSTEM ” MEANS AN 12
ELECTRONIC SAFETY SYSTEM TH AT IS DESIGNED TO SU PPORT A DRIVER 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 AUTOMOTIVE GLASS, IF A MOTOR 16
VEHICLE IS EQUIPPED WITH AN ADVANCED DRIVER ASSI STANCE SYSTEM , 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 CUSTOMER WITH: 21
(I) AN ITEMIZED DESCRIPTION OF THE W ORK TO BE 22
PERFORMED ON THE MOTOR 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 THA T THE INSURER AGREES TO 26
PAY. 27
(C) AN AUTOMOTIVE REPAIR FAC ILITY MAY NOT REPRES ENT TO A 28
CUSTOMER THAT THE CO ST OF WORK TO BE PERFORMED TO RECALIB RATE AN 29
ADVANCED DRIVER ASSI STANCE SYSTEM ON A MOTOR VEHICLE WILL BE PAID 30 SENATE BILL 428 3
ENTIRELY BY THE CUST OMER’S INSURER AT NO COST TO THE CUSTOMER UNLESS 1
THE COST IS FULLY CO VERED AND APPROVED B Y THE INSURER. 2
(D) AN INSURER MAY NOT BE REQUIRED TO PAY MORE THAN A FAIR AND 3
COMPETITIVE PRICE FO R THE LOCAL MARKET A REA FOR WORK PERFORMED TO 4
RECALIBRATE AN ADVAN CED DRIVER ASSISTANC E SYSTEM. 5
(E) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN 6
AUTOMOTIVE REPAIR FA CILITY IS NOT LIMITE D TO AUTOMOTIVE GLASS, TOOLING, 7
EQUIPMENT, OR REPAIR PROCEDURES PROVIDED BY THE VEHI CLE 8
MANUFACTURER . 9
(2) RECALIBRATION OF AN A DVANCED DRIVER ASSIS TANCE SYSTEM 10
PERFORMED BY AN AUTOMOTIVE REPAIR FA CILITY SHALL MEET OR EXCEED THE 11
MOTOR VEHICLE MANUFA CTURER’S SPECIFICATIONS . 12
(3) AN AUTOMOTIVE REPAIR FACILITY MAY NOT CHA RGE FOR 13
SERVICES THAT ARE NO T PERFORMED IN ACCORDANCE WITH THE MOTOR VEHICLE 14
MANUFACTURER ’S SPECIFICATIONS . 15
(F) IF RECALIBRATION OF A N ADVANCED DRIVER AS SISTANCE SYSTEM IS 16
REQUIRED AND IS NOT PERFORMED OR SUC CESSFULLY COMPLETED , THE 17
AUTOMOTIVE REPAIR FA CILITY SHALL INFORM THE CUSTOMER ELECTRO NICALLY 18
OR IN WRITING THAT T HE RECALIBRATION WAS NOT PERFORMED OR WAS 19
UNSUCCESSFUL AND ADV ISE THE CUSTOMER THA T THE MOTOR VEHICLE SHOULD 20
BE TAKEN TO: 21
(1) A MOTOR VEHICLE MANUFACTURER ’S CERTIFIED DEALERSHIP ; 22
OR 23
(2) A QUALIFIED AUTOMOTIVE REPAIR FACILITY CAPA BLE OF 24
PERFORMING THE RECAL IBRATION OF AN ADVAN CED DRIVER ASSISTANC E SYSTEM 25
THAT MEETS OR EXCEEDS THE MOTOR VE HICLE MANUFACTURER ’S 26
SPECIFICATIONS . 27
[14–1009.] 14–1010. 28
A violation of any provision of this subtitle is an unfair [or], deceptive, OR ABUSIVE 29
TRADE practice within the meaning of Title 13 of this article and is subject to the 30
enforcement and penalty provisions contained in Title 13 of this article. 31
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 32
October 1, 2022. 33