Section 5-55-1. – Short title.

§ 5-55-1. Short title. This chapter shall be known as the “Motor Fuel Distribution and Sales Act.” History of Section.P.L. 1976, ch. 324, § 1.

Section 5-55-2. – Legislative findings and purpose.

§ 5-55-2. Legislative findings and purpose. The legislature finds and declares that the distribution and retail sale of motor fuels at reasonable prices and in adequate supply throughout the state vitally affects the public health, welfare, and safety. It is necessary to define and regulate the relationship between parties to franchise agreements involving the sale […]

Section 5-55-3. – Definitions.

§ 5-55-3. Definitions. As used in this chapter, unless the context indicates otherwise, the following words mean: (1) “Automotive product” means any product sold or distributed by a retailer for use with a motor vehicle, whether or not that product is essential for the maintenance of the motor vehicle and whether or not that product […]

Section 5-55-4. – Franchised dealers and distributors.

§ 5-55-4. Franchised dealers and distributors. (a) Franchisor’s duty of disclosure. A franchisor shall disclose, in writing, to any prospective franchisee the following information before any agreement is concluded: (1) The gallonage-volume history, if any, of the location under negotiation for and during the three-year (3) period immediately past or for the entire period that […]

Section 5-55-5. – Unfair practices.

§ 5-55-5. Unfair practices. (a) It is unlawful for any refiner, distributor, producer, or transporter of petroleum products engaged in business in this state, either directly or indirectly, to discriminate in price between purchasers of petroleum products of similar grade and quality. (b) Nothing in this section shall prevent differentials that only make allowance for […]

Section 5-55-6. – Dealer trade associations.

§ 5-55-6. Dealer trade associations. No supplier shall hinder, coerce, or threaten any dealer for the purpose of preventing him or her from joining any trade association made up of dealers. Dealers have a right to select bargaining agents to negotiate and deal with suppliers on an individual basis on matters having to do with […]

Section 5-55-7. – Statute of limitations.

§ 5-55-7. Statute of limitations. No action may be brought under this chapter for a cause of action that arose more than two (2) years prior to the date that action is brought. History of Section.P.L. 1976, ch. 324, § 1.

Section 5-55-8. – Legal and equitable remedies.

§ 5-55-8. Legal and equitable remedies. (a) If a franchisor or distributor engages in conduct prohibited under this chapter, a franchisee or a distributor may maintain a suit against that franchisor or distributor. Where that suit involves termination or nonrenewal for good cause, the burden of establishing good cause shall be on the franchisor. (b) […]

Section 5-55-9. – Severability.

§ 5-55-9. Severability. If any provisions of this chapter, or the application of this chapter to any circumstance, is held invalid, the remainder of the chapter, and the application of that provision to other circumstances, shall not be affected. History of Section.P.L. 1976, ch. 324, § 1.