PRINTER'S NO. 72
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
123
Session of
2015
INTRODUCED BY GREENLEAF, TEPLITZ, BREWSTER, COSTA, TARTAGLIONE,
WOZNIAK AND RAFFERTY, JANUARY 14, 2015
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JANUARY 14, 2015
AN ACT
Amending the act of March 28, 1984 (P.L.150, No.28), entitled,
as amended, "An act relating to the rights of purchasers and
lessees of defective new motor vehicles," further providing
for short title and for definitions; and expanding the scope
of the act to include boats.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of the act of March 28, 1984 (P.L.150,
No.28), known as the Automobile Lemon Law, is amended to read:
Section 1. Short title.
This act shall be known and may be cited as the [Automobile]
Motor Vehicle Lemon Law.
Section 2. Section 2 of the act, amended October 2, 2002
(P.L.809, No.117), is amended 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:
" Boat. " Every description of watercraft equipped with
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propelling machinery and personal watercraft constructed or sold
for the primary purpose of being used as a means of
transportation on the water.
"Dealer" or "motor vehicle dealer." A person in the business
of buying, selling, leasing or exchanging vehicles or boats.
"Department." The Department of Transportation of the
Commonwealth.
"Manufacturer." Any person engaged in the business of
constructing or assembling new and unused motor vehicles or
engaged in the business of importing new and unused motor
vehicles into the United States for the purpose of selling or
distributing new and unused motor vehicles to motor vehicle
dealers in this Commonwealth.
"Manufacturer's express warranty" or "warranty." The written
warranty of the manufacturer of a new [automobile] motor vehicle
of its condition and fitness for use, including any terms or
conditions precedent to the enforcement of obligations under the
warranty.
"New motor vehicle." Any new and unused self-propelled,
motorized conveyance driven upon public roads, streets or
highways which is designed to transport not more than 15
persons, including a boat, which was purchased or leased and is
registered in the Commonwealth or purchased or leased elsewhere
and registered for the first time in the Commonwealth and is
used, leased or bought for use primarily for personal, family or
household purposes, including a vehicle or boat used by a
manufacturer or dealer as a demonstrator or dealer car or boat
prior to its sale. The term does not include motorcycles, motor
homes or off-road vehicles.
"Nonconformity." A defect or condition which substantially
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impairs the use, value or safety of a new motor vehicle and does
not conform to the manufacturer's express warranty.
" Personal watercraft. " A boat less than 16 feet in length
which meets all of the following conditions:
(1) Uses an internal combustion motor powering a water
jet pump as its primary source of motive propulsion.
(2) Is designed to be operated by a person sitting,
standing, or kneeling on, rather than being operated by a
person sitting or standing inside the vessel.
"Purchaser." A person, or his successors or assigns, who has
obtained possession or ownership of a new motor vehicle by
lease, transfer or purchase or who has entered into an agreement
or contract for the lease or purchase of a new motor vehicle
which is used, leased or bought for use primarily for personal,
family or household purposes.
Section 3. This act shall apply to the purchase or lease of
a new motor vehicle on or after the effective date of this
section.
Section 4. This act shall take effect in 60 days.
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