49-1616. LIMITATIONS ON ESTABLISHING OR RELOCATING DEALERS. (1) In the event that a manufacturer seeks to enter into a franchise establishing an additional dealership or relocating an existing dealership within a radius of ten (10) miles from where the same line is represented, the manufacturer shall in writing, first notify the department and each dealer for the line within the ten (10) mile radius, at least sixty (60) days prior to the addition or relocation, of the intention to establish an additional dealership or to relocate an existing dealership within the ten (10) mile radius.
(2) This section shall not apply to the relocation of an existing dealer within that dealer’s relevant market area, provided that the relocation not be at a site within a radius of seven (7) miles of a licensed franchise for the same line make of vehicle, or if the proposed franchise is to be established at or within a radius of two (2) miles of a location at which a former franchise for the same line make of new vehicle had ceased operating within the previous two (2) years. If the seven (7) and two (2) mile exceptions are not applicable, the relocation may still be possible upon notice and resolution of protest under subsections (1) and (3) of this section.
(3) A protest may be filed in accordance with the provisions of section 49-1617, Idaho Code.
History:
[49-1616, added 1988, ch. 265, sec. 389, p. 778; am. 2000, ch. 184, sec. 1, p. 454.]
Structure Idaho Code
Chapter 16 - DEALERS AND SALESMEN LICENSING
Section 49-1601 - UNLICENSED DEALERS AND SALESMEN PROHIBITED.
Section 49-1602 - ADMINISTRATION — POWERS AND DUTIES.
Section 49-1603 - DEALER ADVISORY BOARD — DUTIES.
Section 49-1604 - RECORDS AS EVIDENCE.
Section 49-1605 - CHANGE OF FRANCHISE STATUS.
Section 49-1606 - CLASSES OF LICENSES — NONRESIDENT DEALERS.
Section 49-1607 - FEES — FUNDS — EXPENSES — EXPIRATION OF LICENSES.
Section 49-1608 - LICENSE BOND.
Section 49-1608A - DEALER AND MANUFACTURER LIABILITY INSURANCE.
Section 49-1608B - IDAHO CONSUMER ASSET RECOVERY FUND ESTABLISHED — EXPENDITURES AUTHORIZED.
Section 49-1608C - CREATION OF BOARD AND FEES.
Section 49-1608D - NEW APPLICANTS AND SUSPENSION OF FEES.
Section 49-1608E - SUBMISSION OF CLAIMS.
Section 49-1608F - PAYMENT OF CLAIMS — MAXIMUM.
Section 49-1609 - MANUFACTURER OR DEALER TO GIVE NOTICE OF SALE OR TRANSFER.
Section 49-1609A - SATISFACTION OF LIENS PRIOR TO RESALE OF VEHICLE.
Section 49-1610 - RIGHT OF ACTION FOR LOSS BY FRAUD — PROCESS.
Section 49-1611 - DISPLAY, FORM AND CUSTODY OF DEALER’S AND SALESMAN’S LICENSE.
Section 49-1612 - NOTICE OF CHANGE OF ADDRESS.
Section 49-1613 - UNLAWFUL ACTS BY LICENSEE.
Section 49-1614 - TERMINATION, CANCELLATION OR NONRENEWAL.
Section 49-1615 - SUCCESSION TO OWNERSHIP.
Section 49-1616 - LIMITATIONS ON ESTABLISHING OR RELOCATING DEALERS.
Section 49-1617 - PROTESTS — HEARINGS — COSTS.
Section 49-1618 - DENIAL OR REVOCATION OF LICENSE REQUIRES HEARING.
Section 49-1619 - PRODUCTION OF WITNESSES AND DOCUMENTS.
Section 49-1620 - REPORT OF FINDINGS.
Section 49-1621 - JUDICIAL REVIEW.
Section 49-1622 - PRODUCT LIABILITY RESPONSIBILITY.
Section 49-1623 - PRODUCT LIABILITY INDEMNIFICATION.
Section 49-1624 - DISCLOSURE OF DAMAGE REQUIRED.
Section 49-1625 - REPAIRED DAMAGE NOT GROUNDS FOR REJECTION.
Section 49-1626 - PAYMENT FOR DELIVERY PREPARATION AND WARRANTY SERVICE.
Section 49-1627 - USE OF DEALER AND MANUFACTURER LICENSE PLATE.
Section 49-1628 - USE OF VEHICLE DEALER LOANER PLATE.
Section 49-1630 - PURCHASER PLAINTIFF TO RECOVER COSTS AND ATTORNEY’S FEES.
Section 49-1632 - APPLICABILITY OF CHAPTER.
Section 49-1633 - LIMITATIONS.
Section 49-1634 - DEALER SALES — MINIMUM SALES REQUIRED FOR LICENSE RENEWAL.
Section 49-1636 - CONSIGNMENT SALES.
Section 49-1637 - EDUCATION REQUIREMENTS FOR VEHICLE DEALERS.
Section 49-1638 - MANUFACTURER INCENTIVE PROGRAMS FOR MOTOR VEHICLE DEALERS.