GA Motor Vehicle Franchise Practices Act nationally established rate or the national average parts reimbursement rate and that the reimbursement costs it recovers under subsection (d) of this Code section do not exceed the amounts authorized by subsection (d) of this Code section. The manufacturer or franchisor shall maintain for a period of three years a file that contains the information upon which a certification is based. (f) If a manufacturer or franchisor and its dealers do not enter into an agreement pursuant to this Code section, and for any matter that is not the subject of an agreement, this Code section shall have no effect whatsoever. (g) For purposes of this Code section, a uniform time standard manual is a document created by a franchisor that establishes the time allowances for the diagnosis and performance of warranty work and service. The allowances shall be reasonable and adequate for the work and service to be performed. Each franchisor shall have a reasonable and fair process that allows a dealer to request a modification or adjustment of a standard or standards included in such a manual. Part 4: Motor Vehicle Franchise Continuation and Succession 10-1-650. Short title. This part shall be known and may be cited as the “Motor Vehicle Franchise Continuation and Succession Act.” 10-1-651. Termination of franchise; grounds; notice; dealer costs reimbursed by franchisor; applicability to distributors. (a) Notwithstanding the terms, provisions, or conditions of any franchise and notwithstanding the terms or provisions of any waiver, no franchisor shall cancel, terminate, or fail to renew any franchise with a dealer unless the franchisor: (1) Has satisfied the notice requirement of subsection (e) of this Code section; and (2) Has good cause for cancellation, termination, or nonrenewal. (b) Notwithstanding the terms, provisions, or conditions of any franchise or the terms or provisions of any waiver, good cause shall exist for the purposes of a termination, cancellation, or nonrenewal when there is a failure by the dealer to comply with a provision of the franchise which is both reasonable and of material significance to the franchise relationship, provided the dealer has been notified in writing of the failure within 180 days after the franchisor first acquired knowledge of such failure or after the dealer is given a reasonable opportunity to correct such failure for a period of not less than 180 days. (c) If the failure by the dealer, as defined in subsection (b) of this Code section, relates to the performance of the dealer in sales or service, then in this Code section the term “good cause” means the failure of the dealer to comply with reasonable performance criteria established by the franchisor in light of the existing circumstances, including but not limited to current and forecasted economic conditions, provided the following conditions are satisfied: (1) The dealer was notified by the franchisor in writing of such failure; (2) Said notification stated that notice was provided of failure of performance pursuant to this Code section; (3) The performance criteria established by the franchisor was: (A) Reasonable, fair, and equitable; (B) Based on accurate information; (C) Inclusive of relevant and material local and regional data considered by the franchisor that was provided by the dealer that was beyond the control of the dealer and that adversely affected the dealer’s performance; and (D) Based on a statistically and valid random sample, if such performance criteria included a survey; and (4) The dealer was afforded a reasonable opportunity, for a period of not less than six months, to comply with such criteria. (d) The franchisor shall have the burden of proof under this Code section. 70 | 2025 MEMBERSHIP DIRECTORY | 2026 MEMBERSHIP DIRECTORY
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