Tesla’s ongoing battle to directly sell its wares to the public has come to Georgia, where the automaker is asking for a dismissal of a petition by the state’s dealer association seeking to ban Tesla from conducting such sales.
Atlanta Business Chronicle reports the petition, filed with the Georgia Department of Revenue by the Georgia Automobile Dealers Association in late August of 2014, demands Tesla sell its Model S and other models through a franchise network, the automaker’s alleged violation of the Georgia Motor Vehicles Franchise Practices Act serving as the foundation for said petition. Tesla, of course, said that wasn’t the case:
GADA’s arguments rely on a wholesale misapplication of the FPA. The FPA only regulates conduct between franchisors and their affiliated franchisees, and does not apply to Tesla, which has no franchisees.
GADA also asserts that Tesla cannot directly sell to the public because of another cited statute — one that allows direct sales only if a given vehicle is “manufactured or assembled in accordance with custom-design specifications of the customer” — proclaiming Tesla offers no such thing to its customers. Representative Derrick Dickey stated that his employer is eager for Tesla to follow the letter of the law, “just like every other automobile manufacturer that sells new vehicles in Georgia.
The case is expected to be heard in court early next month. Until then, Tesla will continue to sell directly to the public under an exemption for ZEV models, which currently limits a given automaker to just 150 per year.
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