North Carolina 2023-2024 Regular Session

North Carolina House Bill H447

Introduced
3/22/23  
Refer
3/23/23  
Report Pass
4/26/23  
Refer
4/26/23  
Report Pass
4/26/23  
Engrossed
4/27/23  
Refer
4/27/23  
Refer
6/26/23  
Report Pass
6/27/23  
Refer
6/27/23  
Report Pass
6/28/23  
Refer
7/11/23  
Enrolled
8/16/23  
Chaptered
8/24/23  

Caption

Clarify Motor Vehicle Dealer Laws

Impact

The bill notably prohibits manufacturers from implementing practices that undermine the role of franchised dealers. For instance, it prevents manufacturers from restricting retail customers from negotiating sale prices or using financing options directly through local dealers. Additionally, the bill fosters a more competitive environment by requiring that dealers have access to a reasonable stock of new vehicles, facilitating better consumer choice and enhancing market competition. Overall, this legislation is designed to fortify the position of dealerships in North Carolina, ensuring they can participate effectively in the automotive sales market.

Summary

House Bill 447, enacted as Session Law 2023-116 in North Carolina, aims to enhance dealer independence and improve the availability of electric vehicles, particularly for rural consumers. This legislation clarifies the rights of motor vehicle dealers in relation to manufacturers, stipulating regulations around vehicle reservations made by customers directly with manufacturers. It mandates that any retail vehicle reservation must be assigned to a franchised dealer authorized to sell that vehicle model. This is expected to ensure that consumers can engage local dealers rather than only dealing directly with manufacturers, benefiting local economies and promoting personal service in vehicle purchases.

Sentiment

The sentiment around HB 447 appears largely positive among local dealers and consumer advocates who view it as a necessary measure to protect dealer autonomy and enhance consumer access to vehicle choices. Supporters argue that the bill will strengthen local economies by ensuring that consumers continue to engage with their local dealerships. However, there are concerns expressed by some manufacturers regarding additional restrictions and potential impacts on their operational flexibility, particularly in light of the growing trend towards online sales and direct-to-consumer models.

Contention

There are notable points of contention regarding the bill, particularly concerning the balance of power between manufacturers and dealerships. Critics from the manufacturing side view the bill as potentially limiting their marketing strategies and requiring adjustments to established business practices that utilize digital platforms for sales. The bill's emphasis on equitable access for dealers to vehicle stocks and the mandatory assignment of reservations aims to prevent inequities but raises questions about how manufacturers will adapt their distribution models in a rapidly evolving automotive market.

Companion Bills

NC S356

Same As Constitutional Amendment/Photo ID

Previously Filed As

NC S295

Clarify Motor Vehicle Dealer Laws

NC H406

Clarify Motor Vehicle Dealer Laws

NC SB577

Clarifying prohibited practices by manufacturer, factory branch, distributor, or distributor branch when providing new motor vehicle to dealer

NC HB99

Revise laws related to motor vehicle laws for clarity and consistency

NC SB22

Motor Vehicle Manufacturers As Dealers

NC HB2127

Relating to motor vehicle dealer franchises.

NC H0989

Motor Vehicle Manufacturers, Importers, and Distributors and Franchised Motor Vehicle Dealers

NC S1562

Motor Vehicle Manufacturers, Importers, and Distributors and Franchised Motor Vehicle Dealers

NC S1424

Amends existing law to provide for an exception for licensed dealers in Idaho for a manufacturer or distributor with a manufacturer-owned or distributor-owned dealership.

NC S1820

Motor Vehicle Manufacturers and Franchised Motor Vehicle Dealers

Similar Bills

WV SB577

Clarifying prohibited practices by manufacturer, factory branch, distributor, or distributor branch when providing new motor vehicle to dealer

FL H0499

Malt Beverages

IL SB2230

LIQUOR-TEMPORARY STORAGE

CA AB1478

An act to amend Section 42989.

OR HB2127

Relating to motor vehicle dealer franchises.

FL S0352

Common Entities of Motor Vehicle Distributors and Manufacturers

FL H0291

Common Entities of Motor Vehicle Distributors and Manufacturers

IL HB2860

LIQUOR-COOPERATIVE PURCHASING