HOUSE BILL 531

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Eliseo Lee Alcon

AN ACT

RELATING TO MOTORCYCLE SALES; REQUIRING THE POSTING OF MANUFACTURER SUGGESTED RETAIL PRICE; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. AFFIXING INFORMATION RELATING TO NEW MOTORCYCLE--PROVIDING PENALTIES.--

          A. A manufacturer of new motorcycles shall, prior to the delivery of a new motorcycle to a dealer in this state, securely affix to the motorcycle a label on which the manufacturer shall endorse clearly, distinctly and legibly, true and correct entries disclosing the following information concerning the motorcycle:

                (1) the make, model and serial or identification number or numbers;

                (2) the final assembly point;

                (3) the name and location of the dealer to whom it is to be delivered;

                (4) the method of transportation used in making delivery of the motorcycle;

                (5) the retail price of the motorcycle suggested by the manufacturer;

                (6) the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment physically attached to the motorcycle at the time of its delivery to the dealer, the price of which is not included within the price of the motorcycle as stated pursuant to Paragraph (5) of this subsection;

                (7) the amount charged, if any, to the dealer for the transportation of the motorcycle to the dealer; and

                (8) the total of the amounts specified pursuant to Paragraphs (5) through (7) of this subsection.

          B. A manufacturer of motorcycles distributed in this state who willfully fails to affix to any new motorcycle manufactured or imported by that manufacturer the label required pursuant to Subsection A of this section shall be fined not more than one thousand dollars ($1,000). Such failure with respect to each motorcycle shall constitute a separate offense.

          C. Any manufacturer of motorcycles distributed in this state who willfully fails to endorse clearly, distinctly and legibly any label required pursuant to Subsection A of this section, or who makes a false endorsement of any such label, shall be fined not more than one thousand dollars ($1,000). Such failure or false endorsement with respect to each motorcycle shall constitute a separate offense.

          D. A person who willfully removes, alters or renders illegible any label affixed to a new motorcycle pursuant to Subsection A of this section, or any endorsement thereon, prior to the time the motorcycle is delivered to the actual custody and possession of the ultimate purchaser of the new motorcycle, except where the manufacturer relabels the motorcycle in the event the same is rerouted, repurchased or reacquired by the manufacturer of such motorcycle, is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. Such removal, alteration or rendering illegible with respect to each motorcycle shall constitute a separate offense.

          E. As used in this section:

                (1) "dealer" means a person located in the United States or any territory thereof or in the District of Columbia engaged in the sale or distribution of new motorcycles to the ultimate purchaser;

                (2) "final assembly point" means:

                     (a) in the case of a new motorcycle manufactured or assembled in the United States, the plant, factory or other place at which a new motorcycle is produced or assembled by a manufacturer and from which the motorcycle is delivered to a dealer in such a condition that all component parts necessary to the mechanical operation of the motorcycle are included with the motorcycle, whether or not the component parts are permanently installed in or on the motorcycle; and

                     (b) in the case of a new motorcycle imported into the United States, the port of importation;

                (3) "manufacturer" means a person engaged in the manufacturing or assembling of new motorcycles, including any person importing new motorcycles for resale and any person who acts for and is under the control of such manufacturer, assembler or importer in connection with the distribution of new motorcycles;

                (4) "motor vehicle" means any self-propelled vehicle or device subject to registration pursuant to Section 66-3-1 NMSA 1978 that is used or may be used on the public highways in whole or in part for the purpose of transporting persons or property;

                (5) "motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, excluding a tractor;

                (6) "new motorcycle" means a motorcycle the equitable or legal title to which has never been transferred by a manufacturer, distributor or dealer to an ultimate purchaser; and

                (7) "ultimate purchaser" means, with respect to any new motorcycle, the first person, other than a dealer purchasing in the dealer's capacity as a dealer, who in good faith purchases such new motorcycle for purposes other than resale.

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2012.

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