I hope each of you enjoyed the holidays and are ready for a new year. WVADA made a ton of progress in 2022 and we are hitting the ground running in 2023.

The legislative session has begun, and WVADA plans to further strengthen and protect West Virginia dealer’s investments with further amendments to YOUR franchise law. I am pleased to announce that the WVADA Board has recommended the following proposed changes during the 2023 Regular Legislative Session:

• Clarify the timeline for the manufacturer to dispute the motor vehicle dealers request for adjustment to parts and labor rates
• Allow for the use of independent manuals or guidelines to be used as a factor to determine a proper time allowance for any warranty recall or warranty service repair
• Clarify that the 15-year period on dealer facilities applies to any subsequent dealer who obtains ownership
• Prohibit a manufacturer from amending the dealer agreement without the motor vehicle dealer’s consent
• Clarify a manufacturer’s obligation to provide a dealer with all of its makes and models, regardless of whether the model is electric, hybrid, gas, or other means of propulsion
• Prohibit a manufacturer from exercising a right of first refusal when a motor vehicle dealer enters into a transaction to sell
• Prohibit a manufacturer from charging consumer subscription prices for activating options already installed at the time of a consumer’s purchase
• Clarify that a manufacturer may not interfere with or prejudice a dealer to set his own prices, trade-in values, financing terms and the price of voluntary protection products
• Prohibits a manufacturer from treating a franchised motor vehicle dealer as simply an agent for the manufacturer as it relates to the sale and lease of motor vehicles

WVADA has put together an aggressive agenda for this session, and I will need each of you to contact your local representatives so we will be able to celebrate another legislative victory this year. Please be on the lookout for legislative updates via email as this bill progresses.

As always, thank you for your support and participation.

Jared