(1) As used in this section, unless the context otherwise requires:
"Average trade-in value" means the value of a used powersports vehicle as established by a generally accepted, published, third-party used vehicle resource.
"Stop-sale directive" means an unconditional directive from a manufacturer or distributor to a powersports vehicle dealer to stop selling a type of powersports vehicle manufactured by the manufacturer or distributed by the distributor because of a safety defect.
(2) The manufacturer or distributor shall reimburse a powersports vehicle dealer in accordance with subsection (3) of this section if:
The manufacturer or distributor issues a stop-sale directive for a powersports vehiclemanufactured or distributed by the issuer of the stop-sale directive;
The powersports vehicle dealer holds an active sales, service, and parts agreementwith the manufacturer or distributor for the line-make of the used powersports vehicle covered by the stop-sale directive;
The used powersports vehicle covered by the stop-sale directive is held in the inventory of the powersports vehicle dealer on the date the stop-sale directive is issued or taken by the dealer as a trade-in vehicle on a consumer purchase of the same line-make; and
The manufacturer or distributor has not provided a remedy procedure or made partsavailable to repair the used powersports vehicle for more than thirty days after the stop-sale directive was issued.
(3) If the conditions in subsection (2) of this section are met, the manufacturer or distributor shall, upon application by the powersports vehicle dealer, pay or credit the dealer one and one-half percent per month of the average trade-in value of each used powersports vehicle's model affected by the stop-sale directive prorated from thirty days after the stop-sale directive was issued to the earlier of:
The date when the manufacturer or distributor provides the powersports vehicle dealer with a remedy procedure and any necessary parts for ordering to repair the used powersports vehicle; or
The date the powersports vehicle dealer transfers the powersports vehicle.
A manufacturer or distributor may determine the reasonable manner and method required for a powersports vehicle dealer to demonstrate the inventory status of a used powersports vehicle to determine eligibility for reimbursement.
(a) This section applies only to used powersports vehicles.
This section is not intended to prevent a manufacturer or distributor from requiringthat a powersports vehicle not be subject to an open recall or stop-sale directive as a condition for the powersports vehicle to be qualified or sold as a certified preowned vehicle or substantially similar designation.
This section does not require a manufacturer or distributor to provide total compensation to a powersports vehicle dealer that would exceed the total average trade-in valuation of the affected used powersports vehicle.
This section does not preclude a powersports vehicle dealer and a manufacturer ordistributor from agreeing to reimbursement terms that differ from those specified in this section.
Compensation provided to a powersports vehicle dealer under this section is exclusive and may not be combined with any other remedy under state or federal law.
Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p. 134, § 2, effective October 1.
Editor's note: This section is similar to former § 12-6-538 as it existed prior to 2018.