H0074B0069A04442 MSP:BTW 10/24/17 #90 A04442
AMENDMENTS TO HOUSE BILL NO. 74
Sponsor: REPRESENTATIVE FARRY
Printer's No. 69
Amend Bill, page 1, line 4, by striking out all of said line
and inserting
for definitions, for manufacturer's duty for refund or
replacement and for presumption of a reasonable number of
attempts.
Amend Bill, page 1, line 9, by inserting after "amended"
and the section is amended by adding a definition
Amend Bill, page 1, by inserting between lines 14 and 15
"Motorcycle." As defined in 75 Pa.C.S. § 102 (relating to
definitions).
Amend Bill, page 2, by inserting between lines 10 and 11
Section 1.1. Section 5 of the act is amended to read:
Section 5. Manufacturer's duty for refund or replacement.
If the manufacturer fails to repair or correct a
nonconformity after a reasonable number of attempts, the
manufacturer shall, at the option of the purchaser, replace the
motor vehicle with a comparable motor vehicle of equal value or
accept return of the vehicle from the purchaser and refund to
the purchaser the full purchase price or lease price, including
all collateral charges, less a reasonable allowance for the
purchaser's use of the vehicle not exceeding 10¢ per mile driven
or 10% of the purchase price or lease price of the vehicle,
whichever is less. Refunds shall be made to the purchaser and
lienholder, if any, as their interests may appear. A reasonable
allowance for use shall be that amount directly attributable to
use by the purchaser prior to his first report of the
nonconformity to the manufacturer. In the event the consumer
elects a refund, payment shall be made within 30 days of such
election. A consumer shall not be entitled to a refund or
replacement if the nonconformity does not substantially impair
the use, value or safety of the vehicle or the nonconformity is
the result of abuse, neglect or modification or alteration of
the motor vehicle by the purchaser. For purposes of this
section, the phrase "modification or alteration by the
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purchaser" shall include, in relation to a motorcycle, a
modification or alteration made after the date of actual
delivery of the motorcycle to the purchaser.
Section 1.2. Section 6(b) of the act is amended by adding a
paragraph and the section is amended by adding a subsection to
read:
Section 6. Presumption of a reasonable number of attempts.
* * *
(b) Time period extension.--
* * *
(4) The minimum number of calendar days provided for
under subsection (a)(2) shall not apply to the period during
which a motorcycle is being stored at a manufacturer's
authorized service and repair facility, either as a courtesy
to the purchaser or for compensation, even if repairs to
correct a nonconformity are made during the storage period.
This paragraph shall apply if the purchaser waives the
minimum calendar day period in writing or enters into a
contract for storage of the motorcycle. A waiver under this
paragraph must contain the signature of the purchaser and a
representative of the manufacturer's authorized service and
repair facility.
(c) Applicability.--Subsections (a) and (b) shall only apply
to a motorcycle if all attempts to correct a nonconformity are
made by the same manufacturer's authorized service and repair
facility or if the purchaser provides a complete set of repair
records, related to the nonconformity, to a manufacturer's
authorized service and repair facility that has not previously
attempted to repair the nonconformity.
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See A04442 in
the context
of HB0074