Maryland 2023 Regular Session

Maryland House Bill HB920 Compare Versions

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1- WES MOORE, Governor Ch. 561
21
3-– 1 –
4-Chapter 561
5-(House Bill 920)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0920*
89
9-Consumer Protection – Motor Vehicle Glass Repair or Replacement – Advanced
10-Driver Assistance System Recalibration
10+HOUSE BILL 920
11+I3, R6 3lr2590
12+HB 1460/22 – HRU CF SB 793
13+By: Delegate Watson
14+Introduced and read first time: February 9, 2023
15+Assigned to: Economic Matters
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: March 6, 2023
1119
12-FOR the purpose of establishing consumer protections related to the repair or replacement
13-of motor vehicle glass on motor vehicles equipped with an advanced driver assistance
14-system; and generally relating to consumer protections related to the repair or
15-replacement of motor vehicle glass on motor vehicles equipped with advanced driver
16-assistance systems.
20+CHAPTER ______
1721
18-BY repealing and reenacting, with amendments,
19- Article – Commercial Law
20-Section 13–301(14)(xxxv)
21- Annotated Code of Maryland
22- (2013 Replacement Volume and 2022 Supplement)
22+AN ACT concerning 1
2323
24-BY repealing and reenacting, without amendments,
25- Article – Commercial Law
26-Section 13–301(14)(xxxvi)
27- Annotated Code of Maryland
28- (2013 Replacement Volume and 2022 Supplement)
24+Consumer Protection – Motor Vehicle Glass Repair or Replacement – Advanced 2
25+Driver Assistance System Recalibration 3
2926
30-BY adding to
31- Article – Commercial Law
32-Section 13–301(14)(xxxvii) and 14–1327
33- Annotated Code of Maryland
34- (2013 Replacement Volume and 2022 Supplement)
27+FOR the purpose of establishing consumer protections related to the repair or replacement 4
28+of motor vehicle glass on motor vehicles equipped with an advanced driver assistance 5
29+system; and generally relating to consumer protections related to the repair or 6
30+replacement of motor vehicle glass on motor vehicles equipped with advanced driver 7
31+assistance systems. 8
3532
36- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
37-That the Laws of Maryland read as follows:
33+BY repealing and reenacting, with amendments, 9
34+ Article – Commercial Law 10
35+Section 13–301(14)(xxxv) 11
36+ Annotated Code of Maryland 12
37+ (2013 Replacement Volume and 2022 Supplement) 13
3838
39-Article – Commercial Law
39+BY repealing and reenacting, without amendments, 14
40+ Article – Commercial Law 15
41+Section 13–301(14)(xxxvi) 16
42+ Annotated Code of Maryland 17
43+ (2013 Replacement Volume and 2022 Supplement) 18
4044
41-13–301.
45+BY adding to 19
46+ Article – Commercial Law 20
47+Section 13–301(14)(xxxvii) and 14–1327 21
48+ Annotated Code of Maryland 22 2 HOUSE BILL 920
4249
43- Unfair, abusive, or deceptive trade practices include any:
4450
45- (14) Violation of a provision of:
51+ (2013 Replacement Volume and 2022 Supplement) 1
4652
47- (xxxv) Section 11–210 of the Education Article; [or]
53+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54+That the Laws of Maryland read as follows: 3
4855
49- (xxxvi) Title 14, Subtitle 44 of this article; or Ch. 561 2023 LAWS OF MARYLAND
56+Article – Commercial Law 4
5057
51- 2 –
58+13301. 5
5259
53- (XXXVII) SECTION 14–1327 OF THIS ARTICLE; OR
60+ Unfair, abusive, or deceptive trade practices include any: 6
5461
55-14–1327.
62+ (14) Violation of a provision of: 7
5663
57- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
58-INDICATED.
64+ (xxxv) Section 11–210 of the Education Article; [or] 8
5965
60- (2) “ADVANCED DRIVER ASSIS TANCE SYSTEM ” MEANS AN
61-ELECTRONIC SYSTEM TH AT USES AUTOMATED TE CHNOLOGY INCLUDING C AMERAS
62-AND SENSORS TO DETEC T NEARBY OBSTACLES A ND DRIVER ER RORS TO ASSIST A
63-DRIVER IN THE SAFE O PERATION OF A MOTOR VEHICLE.
66+ (xxxvi) Title 14, Subtitle 44 of this article; or 9
6467
65- (3) “MOTOR VEHICLE ” HAS THE MEANING STAT ED IN TITLE 11 OF
66-THE TRANSPORTATION ARTICLE.
68+ (XXXVII) SECTION 14–1327 OF THIS ARTICLE; OR 10
6769
68- (4) “MOTOR VEHICLE SAFETY GLASS FACILITY ” MEANS A PERSON
69-THAT:
70+14–1327. 11
7071
71- (I) REPAIRS OR REPLACES M OTOR VEHICLE SAFETY GLASS ;
72-AND
72+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12
73+INDICATED. 13
7374
74- (II) PROVIDES RELATED RECA LIBRATION OF AN ADVA NCED
75-DRIVER ASSISTANCE SY STEM.
75+ (2) “ADVANCED DRIVER ASSIS TANCE SYSTEM ” MEANS AN 14
76+ELECTRONIC SYSTEM TH AT USES AUTOMATED TE CHNOLOGY INCLUDING C AMERAS 15
77+AND SENSORS TO DETEC T NEARBY OBSTACLES A ND DRIVER ER RORS TO ASSIST A 16
78+DRIVER IN THE SAFE O PERATION OF A MOTOR VEHICLE. 17
7679
77- (5) “PERSON” INCLUDES AN INDIVIDU AL, A CORPORATION , A
78-BUSINESS TRUST , A TRUST ESTATE , AN ASSOCIATION , TWO OR MORE PERSONS
79-HAVING A JOINT OR CO MMON INTEREST, OR ANY OTHER LEGAL O R COMMERCIAL
80-ENTITY.
80+ (3) “MOTOR VEHICLE ” HAS THE MEANING STAT ED IN TITLE 11 OF 18
81+THE TRANSPORTATION ARTICLE. 19
8182
82- (6) (5) “RECALIBRATION ” MEANS THE READJUSTME NT OF
83-CAMERAS, SENSORS, AND OTHER TECHNOLOGY IN AN ADVANCED DRIVE R
84-ASSISTANCE SYSTEM TO ENSURE PROPER WORKIN G ORDER IN ACCORDANC E WITH
85-MOTOR VEHICLE MANUFA CTURER SPECIFICATIONS .
83+ (4) “MOTOR VEHICLE SAFETY GLASS FACILITY ” MEANS A PERSON 20
84+THAT: 21
8685
87- (B) BEFORE REPAIRING OR R EPLACING MOTOR VEHIC LE GLASS, IF A
88-MOTOR VEHICLE IS EQU IPPED WITH AN ADVANC ED DRIVER ASSISTANCE SYSTEM, A
89-MOTOR VEHICLE SAFETY GLASS FACILITY SHALL :
86+ (I) REPAIRS OR REPLACES M OTOR VEHICLE SAFETY GLASS ; 22
87+AND 23
9088
91- (1) INFORM THE CUSTOMER I F THE RECALIBRATION OF AN
92-ADVANCED DRIVER ASSI STANCE SYSTEM IS REQ UIRED; AND
93- WES MOORE, Governor Ch. 561
89+ (II) PROVIDES RELATED RECA LIBRATION OF AN ADVA NCED 24
90+DRIVER ASSISTANCE SY STEM. 25
9491
95-– 3 –
96- (2) PROVIDE THE CUSTOMER WITH A WRITTEN STATEMENT THAT THE
97-WORK TO BE PERFORMED ON THE MOTOR VEHICLE WILL MEET OR EXCEED
98-ORIGINAL EQUIPMENT M ANUFACTURER SPECIFIC ATIONS.
92+ (5) “PERSON” INCLUDES AN INDIVIDU AL, A CORPORATION , A 26
93+BUSINESS TRUST , A TRUST ESTATE , AN ASSOCIATION , TWO OR MORE PERSONS 27
94+HAVING A JOINT OR CO MMON INTEREST, OR ANY OTHER LEGAL O R COMMERCIAL 28
95+ENTITY. 29 HOUSE BILL 920 3
9996
100- (C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A MOTOR
101-VEHICLE SAFETY GLASS FACILITY IS NOT LIMI TED TO MOTOR VEHICLE GLASS,
102-TOOLING, EQUIPMENT, OR REPAIR PROCEDURES PROVIDED BY THE VEHI CLE
103-MANUFACTURER .
10497
105- (2) RECALIBRATION OF AN A DVANCED DRIVER ASSIS TANCE SYSTEM
106-PERFORMED BY A MOTOR VEHICLE SAFETY GLASS FACILITY SHALL MEET OR
107-EXCEED THE MOTOR VEH ICLE MANUFACTURER ’S SPECIFICATIONS .
10898
109- (3) A MOTOR VEHICLE SAFETY GLASS FACILITY MAY N OT CHARGE
110-FOR SERVICES THAT AR E NOT PERFORMED OR S UCCESSFULLY COMPLETE D.
99+ (6) (5) “RECALIBRATION ” MEANS THE READJUSTME NT OF 1
100+CAMERAS, SENSORS, AND OTHER TECHNOLOGY IN AN ADVANCED DRIVE R 2
101+ASSISTANCE SYSTEM TO ENSURE PROPER WORKIN G ORDER IN ACCORDANC E WITH 3
102+MOTOR VEHICLE MANUFA CTURER SPECIFICATIONS . 4
111103
112- (D) A MOTOR VEHICLE SAFET Y GLASS FACILITY SHA LL INFORM THE
113-CUSTOMER IF RECALIBR ATION OF AN ADVANCED DRIVER ASSISTANCE SY STEM IS
114-REQUIRED AND IS NOT PERFORMED OR SUCCESS FULLY COMPLETED .
104+ (B) BEFORE REPAIRING OR R EPLACING MOTOR VEHIC LE GLASS, IF A 5
105+MOTOR VEHICLE IS EQU IPPED WITH AN ADVANC ED DRIVER ASSISTANCE SYSTEM, A 6
106+MOTOR VEHICLE SAFETY GLASS FACILITY SHALL : 7
115107
116- (E) A VIOLATION OF THIS SE CTION BY A MOTOR VEH ICLE SAFETY GLASS
117-FACILITY IS:
108+ (1) INFORM THE CUSTOMER I F THE RECALIBRATION OF AN 8
109+ADVANCED DRIVER ASSISTANCE SYSTEM IS REQUIRED ; AND 9
118110
119- (1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN
120-THE MEANING OF TITLE 13 OF THIS ARTICLE; AND
111+ (2) PROVIDE THE CUSTOMER WITH A WRITTEN STATEMENT THAT THE 10
112+WORK TO BE PERFORMED ON THE MOTOR VEHICLE WILL MEET OR EXCEED 11
113+ORIGINAL EQUIPMENT M ANUFACTURER SPECIFIC ATIONS. 12
121114
122- (2) SUBJECT TO THE ENFORC EMENT AND PENALTY PR OVISIONS
123-CONTAINED IN TITLE 13 OF THIS ARTICLE.
115+ (C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A MOTOR 13
116+VEHICLE SAFETY GLASS FACILITY IS NOT LIMI TED TO MOTOR VEHICLE GLASS, 14
117+TOOLING, EQUIPMENT, OR REPAIR PROCEDURES PROVIDED BY THE VEHI CLE 15
118+MANUFACTURER . 16
124119
125- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effec t
126-October 1, 2023.
120+ (2) RECALIBRATION OF AN A DVANCED DRIVER ASSIS TANCE SYSTEM 17
121+PERFORMED BY A MOTOR VEHICLE SAFETY GLASS FACILITY SHALL MEET OR 18
122+EXCEED THE MOTOR VEH ICLE MANUFACTURER ’S SPECIFICATIONS . 19
127123
128-Approved by the Governor, May 8, 2023.
124+ (3) A MOTOR VEHICLE SAFETY GLASS FACILITY MAY N OT CHARGE 20
125+FOR SERVICES THAT AR E NOT PERFORMED OR S UCCESSFULLY COMPLETE D. 21
126+
127+ (D) A MOTOR VEHICLE SAFETY GLASS FACILITY SHALL INFOR M THE 22
128+CUSTOMER IF RECALIBR ATION OF AN ADVANCED DRIVER ASSISTANCE SY STEM IS 23
129+REQUIRED AND IS NOT PERFORMED OR SUCCESS FULLY COMPLETED . 24
130+
131+ (E) A VIOLATION OF THIS SE CTION BY A MOTOR VEH ICLE SAFETY GLASS 25
132+FACILITY IS: 26
133+
134+ (1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 27
135+THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 28
136+
137+ (2) SUBJECT TO THE ENFORC EMENT AND PENALTY PR OVISIONS 29
138+CONTAINED IN TITLE 13 OF THIS ARTICLE. 30
139+
140+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
141+October 1, 2023. 32