Judge rejects request to stop auto dealer 'bill of rights'
http://www.unionleader.com/article/20140417/NEWS02/140419090
CONCORD — A Merrimack County judge has rejected a request for a permanent injunction to prevent the auto Dealer Bill of Rights law from taking effect.Staff report
Last year, the Legislature passed an amendment to the existing law that was signed by Gov. Maggie Hassan.
John Deere and other equipment manufacturers filed a lawsuit last year, hoping to block key provisions of the law pertaining to farm equipment dealers in New Hampshire. After listening to testimony from both sides, the judge ruled against striking down the law.
The bill changes business practices between manufacturers and their dealers and would give local auto and other vehicle dealers greater flexibility to run their franchises. All other states have similar laws.
“The court was swayed by the testimony of farmers and equipment dealers showing that the manufacturers’ actions have hurt consumers and producers,” said Pete McNamara, president of the New Hampshire Auto Dealers Association, in a news release. “This is a win for consumers and small businesses.
The bill includes a “buy local” provision, which dealers say will end mandates by auto makers to use out-of-state contractors and suppliers for work. It also calls for transparency in inventory and sales decisions made by auto makers; market-based reimbursement for warranty work done by local dealers; more control for local dealers over decisions regarding major capital expenses, such as showroom renovations and new construction; and incorporates equipment manufacturers and farm equipment dealers into the bill of rights.
Judge rejects challenge to block NH auto dealers law
THE ASSOCIATED PRESS
April 17, 2014 – 2:55 pm EDT
CONCORD, New Hampshire — A judge has struck down a challenge to block a law that gives New Hampshire auto dealers new protections in their dealings with manufacturers.
Last year, farm and heavy equipment manufacturers like John Deere filed a lawsuit challenging the so-called Auto Dealers Bill of Rights, which they said improperly lumps them in with automakers. The manufacturers said the law is unconstitutional.
Auto dealers had said they had no leverage in agreements with manufacturers that could require them to pay for costly and unnecessary renovations, ultimately driving up costs for consumers.
A Merrimack County Superior Court judge struck down the challenge Thursday.
When she signed the bill last year, Gov. Maggie Hassan said it leveled the playing field between manufacturers and dealers.
