EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 5, 2023
CHAPTER ______
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 2 SENATE BILL 793
(2013 Replacement Volume and 2022 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Commercial Law 4
13–301. 5
Unfair, abusive, or deceptive trade practices include any: 6
(14) Violation of a provision of: 7
(xxxv) Section 11–210 of the Education Article; [or] 8
(xxxvi) Title 14, Subtitle 44 of this article; or 9
(XXXVII) SECTION 14–1327 OF THIS ARTICLE; OR 10
14–1327. 11
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(2) “ADVANCED DRIVER ASSIS TANCE SYSTEM ” MEANS AN 14
ELECTRONIC SYSTEM TH AT USES AUTOMATED TE CHNOLOGY INCLUDING C AMERAS 15
AND SENSORS TO DETEC T NEARBY OBSTACLES AND DRIVER ERRORS TO ASSIST A 16
DRIVER IN THE SAFE O PERATION OF A MOTOR VEHICLE. 17
(3) “MOTOR VEHICLE ” HAS THE MEANING STAT ED IN TITLE 11 OF 18
THE TRANSPORTATION ARTICLE. 19
(4) “MOTOR VEHICLE SAFETY GLASS FACILITY ” MEANS A PERSON 20
THAT: 21
(I) REPAIRS OR REPLACES MOTO R VEHICLE SAFETY GLA SS; 22
AND 23
(II) PROVIDES RELATED RECA LIBRATION OF AN ADVA NCED 24
DRIVER ASSISTANCE SY STEM. 25
(5) “PERSON” INCLUDES AN INDIVIDU AL, A CORPORATION , A 26
BUSINESS TRUST , A TRUST ESTATE , AN ASSOCIATION , TWO OR MORE PERSONS 27
HAVING A JOINT OR CO MMON INTEREST , OR ANY OTHER LEGAL O R COMMERCIAL 28
ENTITY. 29 SENATE BILL 793 3
(6) (5) “RECALIBRATION ” MEANS THE READJUSTME NT OF 1
CAMERAS, SENSORS, AND OTHER TECHNOLOGY IN AN ADVANCED DRIVE R 2
ASSISTANCE SYSTEM TO ENSURE PROPER WORKIN G ORDER IN ACCORDANC E WITH 3
MOTOR VEHICLE MANUFA CTURER SPECIFICATION S. 4
(B) BEFORE REPAIRING OR R EPLACING MOTOR VEHIC LE GLASS, IF A 5
MOTOR VEHICLE IS EQU IPPED WITH AN ADVANC ED DRIVER ASSISTANCE SYSTEM, A 6
MOTOR VEHICLE SAFETY GLASS FACILITY SHALL : 7
(1) INFORM THE CUSTOMER I F THE R ECALIBRATION OF AN 8
ADVANCED DRIVER ASSI STANCE SYSTEM IS REQ UIRED; AND 9
(2) PROVIDE THE CUSTOMER WITH A WRITTEN STATEMENT THAT THE 10
WORK TO BE PERFORMED ON THE MOTOR VEHICLE WILL MEET OR EXCEED 11
ORIGINAL EQUIPMENT M ANUFACTURER SPECIFIC ATIONS. 12
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A MOTOR 13
VEHICLE SAFETY GLASS FACILITY IS NOT LIMI TED TO MOTOR VEHICLE GLASS, 14
TOOLING, EQUIPMENT, OR REPAIR PROCEDURES PROVIDED BY THE VEHI CLE 15
MANUFACTURER . 16
(2) RECALIBRATION OF AN A DVANCED DRIVER ASSIS TANCE SYSTEM 17
PERFORMED BY A MOTOR VEHICLE SAFETY GLASS FACILITY SHALL MEET OR 18
EXCEED THE MOTOR VEH ICLE MANUFACTURER ’S SPECIFICATIONS . 19
(3) A MOTOR VEHICLE SAFETY GLASS FACILITY MAY N OT CHARGE 20
FOR SERVICES THAT AR E NOT PERFORMED OR S UCCESSFULLY COMPLETE D. 21
(D) A MOTOR VEHICLE SAFETY GLASS FACILITY SHALL INFORM THE 22
CUSTOMER IF RECALIBR ATION OF AN ADVANCED DRIVER ASSISTANCE SY STEM IS 23
REQUIRED AND IS NOT PERFORMED OR SUCCESS FULLY COMPLETED . 24
(E) A VIOLATION OF THIS SE CTION BY A MOTOR VEH ICLE SAFETY GLASS 25
FACILITY IS: 26
(1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 27
THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 28
(2) SUBJECT TO THE ENFORC EMENT AND PENALTY PR OVISIONS 29
CONTAINED IN TITLE 13 OF THIS ARTICLE. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2023. 32