Title 46 — Title 46 MOTOR VEHICLES
54 chapters · 1,673 sections in this title.
RCW 46.96.010 Legislative findings.
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*** CHANGE IN 2026 *** (SEE 6354-S.SL) ***The legislature finds and declares that the distribution and sale of motor vehicles in this state vitally affect the general economy of the state and the public interest and public welfare, that provision for warranty service to motor veh…
RCW 46.96.020 Definitions.
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In addition to the definitions contained in RCW 46.70.011, which are incorporated by reference into this chapter, the definitions set forth in this section apply only for the purposes of this chapter.(1) "Completed vehicle" means a vehicle that requires no further manufacturing o…
RCW 46.96.030 Termination, cancellation, or nonrenewal of franchise restricted.
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Notwithstanding the terms of a franchise and notwithstanding the terms of a waiver, no manufacturer may terminate, cancel, or fail to renew a franchise with a new motor vehicle dealer, unless the manufacturer has complied with the notice requirements of RCW 46.96.070 and an admin…
RCW 46.96.035 Payment of fair market value of dealer goodwill upon request and termination, cancellation, or nonrenewal of franchise.
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(1) In the event of a termination, cancellation, or nonrenewal under this chapter, except for a termination, cancellation, or nonrenewal under RCW 46.96.070(2), or a voluntary termination, cancellation, or nonrenewal initiated by the dealer, the manufacturer shall, at the request…
RCW 46.96.040 Determination of good cause, good faith—Petition, notice, decision, appeal.
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A new motor vehicle dealer who has received written notification from the manufacturer of the manufacturer's intent to terminate, cancel, or not renew the franchise may file a petition with the department for a determination as to the existence of good cause and good faith for th…
RCW 46.96.050 Determination of good cause, good faith—Hearing, decision, procedures—Judicial review.
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(1) The administrative law judge shall conduct the hearing and render a final decision as expeditiously as possible, but in any event not later than one hundred eighty days after a petition is filed. If the termination, cancellation, or nonrenewal is under RCW 46.96.070(2), the a…
RCW 46.96.060 Good cause, what constitutes—Burden of proof.
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(1) Notwithstanding the terms of a franchise or the terms of a waiver, and except as otherwise provided in RCW 46.96.070(2) (a) through (d), good cause exists for termination, cancellation, or nonrenewal when there is a failure by the new motor vehicle dealer to comply with a pro…
RCW 46.96.070 Notice of termination, cancellation, or nonrenewal.
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Before the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall give written notification to both the department and the new motor vehicle dealer. For the purposes of this chapter, the discontinuance of the sale and distribution of a new motor vehicle l…
RCW 46.96.080 Payments by manufacturer to dealer for inventory, equipment, etc.
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(1) Upon the termination, cancellation, or nonrenewal of a franchise, the manufacturer shall pay the new motor vehicle dealer, at a minimum:(a) Dealer cost plus any charges by the manufacturer for distribution, delivery, and taxes, less all allowances paid or credited to the deal…
RCW 46.96.090 Payments by manufacturer for dealership facilities.
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(1) In the event of a termination, cancellation, or nonrenewal under this chapter, except for termination, cancellation, or nonrenewal under RCW 46.96.070(2) or a voluntary termination, cancellation, or nonrenewal initiated by the dealer, the manufacturer shall, at the request an…
RCW 46.96.095 Compensation by manufacturer for labor and parts required to perform recall repairs—Applicability to certain used vehicles—Reimbursement claims—Recovery of costs—Remedy, exclusive.
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(1) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts required by the manufacturer to perform recall repairs at rates no lower than those set in accordance with RCW 46.96.105. If parts or a remedy are not reasonably available to perform a recal…
RCW 46.96.100 Mitigation of damages.
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RCW 46.96.030 through 46.96.090 do not relieve a new motor vehicle dealer from the obligation to mitigate the dealer's damages upon termination, cancellation, or nonrenewal of the franchise.[ 1989 c 415 s 10.]
RCW 46.96.105 Warranty work.
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(1) Each manufacturer shall specify in its franchise agreement, or in a separate written agreement, with each of its dealers licensed in this state, the dealer's obligation to perform warranty work or service on the manufacturer's products. Each manufacturer shall provide each of…
RCW 46.96.110 Designated successor to franchise ownership.
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(1) Notwithstanding the terms of a franchise, (a) an owner may appoint a designated successor to succeed to the ownership of the new motor vehicle dealer franchise upon the owner's death or incapacity, or (b) if an owner who has owned the franchise for not less than five consecut…
RCW 46.96.140 Relevant market area—Definition—New or relocated dealerships, notice of.
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(1) For the purposes of this section, and throughout this chapter, the term "relevant market area" is defined as follows:(a) If the population in the county in which the proposed new or relocated dealership is to be located is four hundred thousand or more, the relevant market ar…
RCW 46.96.150 Protest of new or relocated dealership—Hearing—Arbitration.
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(1) Within thirty days after receipt of the notice under RCW 46.96.140, or within thirty days after the end of an appeal procedure provided by the manufacturer, whichever is greater, a new motor vehicle dealer so notified or entitled to notice may file a petition with the departm…
RCW 46.96.160 Factors considered by administrative law judge.
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In determining whether good cause exists for permitting the proposed establishment or relocation of a new motor vehicle dealer of the same line make, the administrative law judge shall take into consideration the existing circumstances, including, but not limited to:(1) The exten…
RCW 46.96.170 Hearing—Procedures, costs, appeal.
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(1) The manufacturer has the burden of proof to establish that good cause exists for permitting the proposed establishment or relocation.(2) The administrative law judge shall conduct any hearing as provided in RCW 46.96.050(2), and all hearing costs shall be borne as provided in…
RCW 46.96.180 Exceptions.
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RCW 46.96.140 through 46.96.170 do not apply:(1) To the sale or transfer of the ownership or assets of an existing new motor vehicle dealer where the transferee proposes to engage in business representing the same line make at the same location or within two miles of that locatio…
RCW 46.96.185 Unfair practices—Exemptions—Definitions.
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*** CHANGE IN 2026 *** (SEE 6354-S.SL) ***(1) Notwithstanding the terms of a franchise agreement, a manufacturer, distributor, factory branch, or factory representative, or an agent, officer, parent company, wholly or partially owned subsidiary, affiliated entity, or other person…
RCW 46.96.190 Prohibited practices by manufacturer.
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A manufacturer shall not coerce, threaten, intimidate, or require a new motor vehicle dealer, as a condition to granting or renewing a franchise, to waive, limit, or disclaim a right that the dealer may have to protest the establishment or relocation of another motor vehicle deal…
RCW 46.96.192 Prohibited practices by manufacturer—Adverse action against dealer if vehicle exported or resold by customer.
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A manufacturer may not take or threaten to take any adverse action against a new motor vehicle dealer, including charge backs, reducing vehicle allocations, or terminating or threatening to terminate a franchise, because the dealer sold or leased a vehicle to a customer who expor…
RCW 46.96.194 Prohibited practices by manufacturer—Dealer waiver of chapter—Exceptions.
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A manufacturer or distributor shall not enter into an agreement or understanding with a new motor vehicle dealer that requires the dealer to waive any provisions of this chapter. However, a dealer may, by written contract and for valuable and reasonable separate consideration, wa…
RCW 46.96.196 Practices by brand owner.
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(1) Notwithstanding the terms of a franchise agreement, a brand owner shall not directly or indirectly:(a) Require a new motor vehicle dealer to offer a secondary product;(b) Require a new motor vehicle dealer to provide a customer with a disclosure not otherwise required by law;…
RCW 46.96.200 Sale, transfer, or exchange of franchise.
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(1) Notwithstanding the terms of a franchise, a manufacturer shall not withhold consent to the sale, transfer, or exchange of a franchise to a qualified buyer who meets the normal, reasonable, and uniformly applied standards established by the manufacturer for the appointment of …
RCW 46.96.210 Petition and hearing—Filing fee, costs, security.
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The department shall determine and establish the amount of the filing fee required in RCW 46.96.040, 46.96.110, 46.96.150, and 46.96.200. The fees shall be set in accordance with RCW 43.24.086.The department may also require the petitioning or protesting party to give security, i…
RCW 46.96.220 Right of first refusal.
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(1) In the event of a proposed sale or transfer of a new motor vehicle dealership involving the transfer or sale of more than fifty percent of the ownership interest in, or more than fifty percent of the assets of, the dealership at the time of the transfer or sale, where the fra…
RCW 46.96.230 Manufacturer incentive programs.
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(1) A manufacturer or distributor shall pay a motor vehicle dealer's claim for payment or other compensation due under a manufacturer incentive program within thirty days after approval of the claim. A claim that is not disapproved or disallowed within thirty days after the manuf…
RCW 46.96.240 Venue.
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Notwithstanding the provisions of a franchise agreement or other provision of law to the contrary, the venue for a cause of action, claim, lawsuit, administrative hearing or proceeding, arbitration, or mediation, whether arising under this chapter or otherwise, in which the parti…
RCW 46.96.250 Immunity of franchisees and assigns.
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A manufacturer shall, upon demand, indemnify and hold harmless any existing or former franchisee and the franchisee's successors and assigns from any and all damages sustained and attorneys' fees and other expenses reasonably incurred by the franchisee that result from or relate …
RCW 46.96.260 Civil actions for violations.
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A new motor vehicle dealer who is injured in his or her business or property by a violation of this chapter, or any corporation or association that is primarily owned by or composed of new motor vehicle dealers and that primarily represents the interests of new motor vehicle deal…
RCW 46.96.270 Release of dealer and customer data and information—Access to management computer systems—Immunity.
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(1) Notwithstanding the terms or conditions of any consent, authorization, release, novation, franchise, or other contract or agreement, whenever any manufacturer, factory branch, distributor, distributor branch, dealer management computer system vendor, or any third party acting…