EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W. [Brackets] indicate matter deleted from existing law. *hb0920* HOUSE BILL 920 I3, R6 3lr2590 HB 1460/22 – HRU CF SB 793 By: Delegate Watson Introduced and read first time: February 9, 2023 Assigned to: Economic Matters A BILL ENTITLED AN ACT concerning 1 Consumer Protection – Motor Vehicle 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 motor vehicle glass on motor vehicles equipped with an advanced driver assistance 5 system; and generally relating to consumer protections related to the repair or 6 replacement of motor vehicle glass on motor vehicles equipped with advanced driver 7 assistance systems. 8 BY repealing and reenacting, with amendments, 9 Article – Commercial Law 10 Section 13–301(14)(xxxv) 11 Annotated Code of Maryland 12 (2013 Replacement Volume and 2022 Supplement) 13 BY repealing and reenacting, without amendments, 14 Article – Commercial Law 15 Section 13–301(14)(xxxvi) 16 Annotated Code of Maryland 17 (2013 Replacement Volume and 2022 Supplement) 18 BY adding to 19 Article – Commercial Law 20 Section 13–301(14)(xxxvii) and 14–1327 21 Annotated Code of Maryland 22 (2013 Replacement Volume and 2022 Supplement) 23 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24 That the Laws of Maryland read as follows: 25 Article – Commercial Law 26 2 HOUSE BILL 920 13–301. 1 Unfair, abusive, or deceptive trade practices include any: 2 (14) Violation of a provision of: 3 (xxxv) Section 11–210 of the Education Article; [or] 4 (xxxvi) Title 14, Subtitle 44 of this article; or 5 (XXXVII) SECTION 14–1327 OF THIS ARTICLE; OR 6 14–1327. 7 (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8 INDICATED. 9 (2) “ADVANCED DRIV ER ASSISTANCE SYSTEM ” MEANS AN 10 ELECTRONIC SYSTEM TH AT USES AUTOMATED TE CHNOLOGY INCLUDING C AMERAS 11 AND SENSORS TO DETEC T NEARBY OBSTACLES A ND DRIVER ERRORS TO ASSIST A 12 DRIVER IN THE SAFE O PERATION OF A MOTOR VEHICLE. 13 (3) “MOTOR VEHICLE ” HAS THE MEANING S TATED IN TITLE 11 OF 14 THE TRANSPORTATION ARTICLE. 15 (4) “MOTOR VEHICLE SAFETY GLASS FACILITY ” MEANS A PERSON 16 THAT: 17 (I) REPAIRS OR REPLACES M OTOR VEHICLE SAFETY GLASS; 18 AND 19 (II) PROVIDES RELATED RECA LIBRATION OF AN ADVA NCED 20 DRIVER ASSISTANCE SY STEM. 21 (5) “PERSON” INCLUDES AN INDIVIDU AL, A CORPORATION , A 22 BUSINESS TRUST , A TRUST ESTATE , AN ASSOCIATION , TWO OR MORE PERSONS 23 HAVING A JOINT OR CO MMON INTEREST , OR ANY OTHER LEGAL O R COMMERCIAL 24 ENTITY. 25 (6) “RECALIBRATION ” MEANS THE READJUSTME NT OF CAMERA S, 26 SENSORS, AND OTHER TECHNOLOGY IN AN ADVANCED DRIVE R ASSISTANCE SYSTEM 27 TO ENSURE PROPER WOR KING ORDER IN ACCORD ANCE WITH MOTOR VEHI CLE 28 MANUFACTURER SPECIFI CATIONS. 29 HOUSE BILL 920 3 (B) BEFORE REPAIRING OR R EPLACING MOTOR VEHIC LE GLASS, IF A 1 MOTOR VEHICLE IS EQU IPPED WITH AN ADVANCED DRIVE R ASSISTANCE SYSTEM , A 2 MOTOR VEHICLE SAFETY GLASS FACILITY SHALL : 3 (1) INFORM THE CUSTOMER I F THE RECALIBRATION OF AN 4 ADVANCED DRIVER ASSI STANCE SYSTEM IS REQ UIRED; AND 5 (2) PROVIDE THE CUSTOMER WITH A STATEMENT THA T THE WORK TO 6 BE PERFORMED ON THE MOT OR VEHICLE WILL MEET OR EXCEED ORIGINAL 7 EQUIPMENT MANUFACTUR ER SPECIFICATIONS . 8 (C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A MOTOR 9 VEHICLE SAFETY GLASS FACILITY IS NOT LIMI TED TO MOTOR VEHICLE GLASS, 10 TOOLING, EQUIPMENT, OR REPAIR PROCEDURES PROV IDED BY THE VEHICLE 11 MANUFACTURER . 12 (2) RECALIBRATION OF AN A DVANCED DRIVER ASSIS TANCE SYSTEM 13 PERFORMED BY A MOTOR VEHICLE SAFETY GLASS FACILITY SHALL MEET OR 14 EXCEED THE MOTOR VEH ICLE MANUFACTURER ’S SPECIFICATIONS . 15 (3) A MOTOR VEHIC LE SAFETY GLASS FACI LITY MAY NOT CHARGE 16 FOR SERVICES THAT AR E NOT PERFORMED OR S UCCESSFULLY COMPLETE D. 17 (D) A MOTOR VEHICLE SAFETY GLASS FACILITY SHALL INFORM THE 18 CUSTOMER IF RECALIBR ATION OF AN ADVANCED DRIVER ASSISTANCE SY STEM IS 19 REQUIRED AND IS NOT PERFORMED OR SUCCESSFUL LY COMPLETED . 20 (E) A VIOLATION OF THIS SE CTION BY A MOTOR VEH ICLE SAFETY GLASS 21 FACILITY IS: 22 (1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 23 THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 24 (2) SUBJECT TO THE ENFORC EMENT AN D PENALTY PROVISIONS 25 CONTAINED IN TITLE 13 OF THIS ARTICLE. 26 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27 October 1, 2023. 28