PRINTER'S NO. 151
No. 172 Session of 1995
INTRODUCED BY LLOYD, WOZNIAK, ITKIN, HALUSKA, STEELMAN, JOSEPHS,
CIVERA, TIGUE, LAUGHLIN, KUKOVICH, READSHAW, PISTELLA,
STURLA, DeLUCA, M. COHEN, M. N. WRIGHT, STABACK, WOGAN,
DALEY, SCRIMENTI, TRELLO, PESCI, BELARDI, E. Z. TAYLOR,
PETRONE, KAISER AND COLAFELLA, JANUARY 23, 1995
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 23, 1995
AN ACT
1 Regulating motor vehicle rustproofing; and providing remedies.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Duty to inform.
5 (a) General rule.--Whenever a motor vehicle dealer offers to
6 rustproof a new motor vehicle which he is offering for sale at
7 retail, the motor vehicle dealer shall:
8 (1) inform the purchaser that rustproofing by the dealer
9 is optional; and
10 (2) inform the purchaser if the vehicle has been
11 rustproofed by the manufacturer and what, if any,
12 manufacturer's warranty is applicable to that rustproofing.
13 (b) Exception.--Subsection (a) shall not be applicable and a
14 motor vehicle dealer shall have no duty to inform a purchaser
15 pursuant to subsection (a) if the motor vehicle dealer
16 rustproofed a new motor vehicle before offering it for sale to
1 that purchaser, provided that the dealer shall inform the
2 purchaser whenever dealer rustproofing has an effect on any
3 manufacturer's warranty applicable to the vehicle.
4 Section 2. Violations.
5 A violation of section 1 shall be deemed a violation of the
6 act of December 17, 1968 (P.L.1224, No.387), known as the Unfair
7 Trade Practices and Consumer Protection Law.
8 Section 3. Attorney General.
9 (a) Enforcement.--The Attorney General is authorized to
10 enforce this act.
11 (b) Regulations.--The Attorney General may adopt such
12 regulations as may be necessary for the enforcement and
13 administration of this act.
14 Section 4. Private actions preserved.
15 Nothing in this act shall prohibit any private actions
16 authorized by any other provisions of law.
17 Section 5. Nonapplicability.
18 This act shall not be applicable to any new motor vehicle
19 which has been rustproofed by a motor vehicle dealer prior to
20 the effective date of this act.
21 Section 6. Effective date.
22 This act shall take effect in 180 days.
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