TITLE XXXI
TRADE AND COMMERCE
Chapter 357-E
REGULATION OF MANUFACTURERS, DISTRIBUTORS AND DEALERS OF NEW TRUCKS
Section 357-E:1
357-E:1 Definitions. –
As used in this chapter:
I. "Motor vehicle" means any motor vehicle as defined by RSA 357-C:1.
II. "Truck" means any motor vehicle with not more than 6 wheels which is intended, designed or constructed to carry not more than 2,000 pounds of freight or merchandise.
III. "New truck" means any truck which has been sold only to a truck dealer by a manufacturer or distributor for the sale of that make of truck, which is in fact new, and on which the original title has not been issued from such dealer.
IV. "Truck dealer" means any person who:
(a) Is in the business of selling, offering to sell, soliciting or advertising the sale of new trucks, either as his primary business or incidental thereto; and
(b) Holds a valid sales and service agreement, franchise or contract, granted by the manufacturer or distributor for the sale of its new trucks.
V. "Manufacturer" means any person who manufactures or assembles new trucks or any partnership, firm, association, joint venture, corporation or trust, which is controlled by the manufacturer.
VI. "Distributor" means any person who sells or distributes new trucks to truck dealers.
Source. 1983, 430:1, eff. Jan. 1, 1984.
Section 357-E:2
357-E:2 Label Required. –
Every manufacturer or distributor of new trucks shall, before the delivery of any new truck to any truck dealer, securely affix a label to the rear window on the passenger's side of such truck and shall clearly, distinctly and legibly endorse on such label correct entries disclosing the following information concerning such truck:
I. The make, model, and serial or identification number or numbers;
II. The final assembly point;
III. The name and the location of the place of business of the dealer to whom it is to be delivered;
IV. The name of the city or town at which it is to be delivered to such dealer;
V. The method of transportation used in making delivery of such truck if it is driven or towed from final assembly point to place of delivery;
VI. The retail price of such truck suggested by the manufacturer;
VII. The retail delivered price suggested by the manufacturer for each accessory or item of optional equipment, physically attached to such truck at the time of its delivery to such dealer, which is not included within the price of such truck as stated pursuant to paragraph VI;
VIII. The amount charged, if any, to such dealer for the transportation of such truck to the location at which it is delivered to such dealer; and
IX. The total of the amounts specified pursuant to paragraphs VI, VII, and VIII.
Source. 1983, 430:1, eff. Jan. 1, 1984.
Section 357-E:3
357-E:3 Exclusions. –
In the event that a motor vehicle dealer purchases a new truck from an out-of-state party other than the manufacturer or distributor of such truck, the provisions of RSA 357-E:2 shall not apply.
Source. 1983, 430:1, eff. Jan. 1, 1984.
Section 357-E:4
357-E:4 Penalties. –
I. Any manufacturer or distributor who willfully fails to affix to any new truck the label required by RSA 357-E:2 shall be guilty of a misdemeanor and shall be fined not more than $1,000. Such failure with respect to each truck shall constitute a separate offense.
II. Any manufacturer or dealer who willfully fails to endorse clearly, distinctly and legibly and label as required by RSA 357-E:2 or who makes a false endorsement of any such label shall be guilty of a misdemeanor and shall be fined not more than $1,000. Such failure or false endorsement with respect to each truck shall constitute a separate offense.
III. Any person who willfully removes, alters or renders illegible any label affixed to a new truck pursuant to RSA 357-E:2, or any endorsement on such label, prior to the time that such truck is delivered to the actual custody and possession of the ultimate purchaser of such new truck, except in the event such truck is rerouted, repurchased or reacquired by the manufacturer of such truck, shall be guilty of a misdemeanor. Such removal, alteration, or rendering illegible with respect to each truck shall constitute a separate offense.
Source. 1983, 430:1, eff. Jan. 1, 1984.