PRINTER'S NO. 804
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
690
Session of
2015
INTRODUCED BY SIMS, DONATUCCI, PASHINSKI, THOMAS, V. BROWN,
FLYNN, KINSEY, MILLARD, COHEN, BROWNLEE, McCARTER, MURT,
D. COSTA, C. PARKER, YOUNGBLOOD, DAVIS, McNEILL AND HELM,
MARCH 3, 2015
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 3, 2015
AN ACT
Amending the act of December 22, 1983 (P.L.306, No.84), entitled
"An act providing for the State Board of Vehicle
Manufacturers, Dealers and Salespersons; and providing
penalties," further providing for definitions; and providing
for disclosure requirements for used vehicle dealers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of December 22, 1983
(P.L.306, No.84), known as the Board of Vehicles Act, is amended
by adding a definition to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Unperformed manufacturer recall defect." A used vehicle or
part of a used vehicle that:
(1) has a safety-related defect or does not meet
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Federal motor vehicle safety standards;
(2) has been recalled by the used vehicle's
manufacturer; and
(3) has not been repaired or replaced as a result of the
recall.
* * *
Section 2. The act is amended by adding a section to read:
Section 10.1. Disclosure requirements for used vehicle dealers.
Before a dealer engages in the retail sale of a used vehicle,
the dealer shall:
(1) ascertain from the used vehicle's manufacturer
whether or not the used vehicle has an unperformed
manufacturer recall defect;
(2) if the used vehicle has an unperformed manufacturer
recall defect, provide notice in writing to a potential
purchaser specifying the cause of the unperformed
manufacturer recall defect; and
(3) if the used vehicle's manufacturer agrees to
reimburse the dealer for repairing or replacing the
unperformed manufacturer recall defect:
(i) repair or replace the unperformed manufacturer
recall defect; or
(ii) agree in writing to repair or replace the
unperformed manufacturer recall defect no later than 20
days after the retail sale of the used vehicle.
Section 3. This act shall take effect in 60 days.
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