EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0793*
SENATE BILL 793
I3, R6 3lr1105
SB 428/22 – FIN CF HB 920
By: Senators West, Feldman, Beidle, and Klausmeier
Introduced and read first time: February 6, 2023
Assigned to: Finance
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 SENATE BILL 793
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 FOLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(2) “ADVANCED DRIVER ASSIS TANCE SYSTEM ” MEANS AN 10
ELECTRONIC SYSTEM TH AT USES AUTOMATED TECHN OLOGY INCLUDING CAMERAS 11
AND SENSORS TO DETEC T NEARBY OBSTACLES A ND DRIVER ERRORS TO ASSIST A 12
DRIVER IN THE SAF E OPERATION OF A MOT OR VEHICLE. 13
(3) “MOTOR VEHICLE ” HAS THE MEANING STAT ED 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 CAMERAS , 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 SENATE BILL 793 3
(B) BEFORE REPAIRING OR R EPLACING MOTOR VEHICLE GLASS, IF A 1
MOTOR VEHICLE IS EQU IPPED WITH AN ADVANC ED DRIVER 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 REQUIRED ; AND 5
(2) PROVIDE THE CUSTOMER WITH A STATEMENT THAT THE WORK TO 6
BE PERFORMED ON THE MOTOR VEHICLE WILL M EET OR EXCEED ORIGIN AL 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 PROVIDED BY THE VEHI CLE 11
MANUFACTURER . 12
(2) RECALIBRATION OF AN A DVANCED DRIVER ASSIS TANCE SYSTEM 13
PERFORMED BY A MOTOR VEHICLE SAFE TY GLASS FACILITY SHALL MEET OR 14
EXCEED THE MOTOR VEH ICLE MANUFACTURER ’S SPECIFICATIONS . 15
(3) A MOTOR VEHICLE SAFETY GLASS FACILITY MAY NOT CHA RGE 16
FOR SERVICES THAT AR E NOT PERFORMED OR SUCCESSFULLY COMP LETED. 17
(D) A MOTOR VEHICLE SAFETY GLASS FACILITY SHALL INFOR M THE 18
CUSTOMER IF RECALIBRATION OF AN ADVANCED DRIVER ASSI STANCE SYSTEM IS 19
REQUIRED AND IS NOT PERFORMED OR SUCCESS FULLY 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 AND PENALTY PR OVISIONS 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