8-2431. Same; exemption for manufacturers with dispute resolution procedures. The provisions of K.S.A. 8-2430, and amendments thereto, shall not apply to any proposed establishment of an additional new motor vehicle dealer, including a supplemental place of business, or relocation of an existing new motor vehicle dealer, as the case may be, if a manufacturer, distributor or factory branch provides a dispute resolution mechanism for the establishment of an additional new motor vehicle dealer or supplemental place of business or for relocating a new motor vehicle dealer which meets the following criteria:
(a) The decision makers under the dispute resolution mechanism shall either be:
(1) Independent and not employed by, or affiliated with the manufacturer, distributor, factory branch or dealers if there is no specific process reached by prior agreement between the protesting dealer and the manufacturer, distributor or factory branch; or
(2) an individual or panel selected by a process mutually agreeable to the protesting dealer and the manufacturer, distributor or factory branch under the terms of the franchise agreement between them.
(b) There is a standard for deciding such cases under the terms of the dispute resolution process which allows a protesting dealer to include evidence on impact upon the existing dealers in addition to any other factors expressly or implicitly considered under the mechanism.
History: L. 1991, ch. 32, § 2; L. 1994, ch. 302, § 9; July 1.
Structure Kansas Statutes
Chapter 8 - Automobiles And Other Vehicles
Article 24 - Licensure Of Vehicle Sales And Manufacture
8-2402 Declaration of public policy.
8-2403 Vehicle dealers required to have licenses; exceptions; supervision by director of vehicles.
8-2405 Insurance required of dealers; limitations on cancellation.
8-2406 Dealer plates; fee; symbols on plates; use of plates.
8-2409 Temporary vehicle registration permits; cost; display; operation under laden conditions.
8-2411 Violations; hearing; penalties; appeals.
8-2413 Injunctions; jurisdiction of courts; mediation.
8-2417 Jurisdiction over licensees; service of process in secretary of state; limitation of rights.
8-2420 Act supplemental to vehicle registration laws.
8-2426 Same; unlawful acts; penalties.
8-2428 Dealer review board; duties.
8-2429 Interstate dealer licensing compact.
8-2431 Same; exemption for manufacturers with dispute resolution procedures.
8-2432 Same; act part of vehicle dealers and manufacturers licensing act.
8-2433 Temporary permit for vehicle salesperson.
8-2434 Selling motor vehicles without a license; penalty.
8-2436 Salvage vehicle pools; requirements.
8-2438 Ownership and operation of new vehicle dealership by certain entities prohibited; exceptions.
8-2439 Delivery of motor vehicles to persons in state; who authorized to deliver.
8-2440 Transactions executed outside state; when lemon law applicable.
8-2441 Aiding or abetting violations of act prohibited.
8-2443 Act supplemental to vehicle dealers and manufacturers licensing act.
8-2444 Temporary trade show license; requirements; fees.
8-2445 Franchise agreements; prohibiting manufacturers from engaging in certain activities.