PRINTER'S NO. 4258
No. 2783 Session of 2006
INTRODUCED BY PETRARCA, PICKETT, MANN, READSHAW, CALTAGIRONE,
GOODMAN, GRUCELA, SHANER, SOLOBAY, TIGUE, YOUNGBLOOD, BEYER,
FRANKEL, MYERS, PALLONE AND SIPTROTH, JUNE 19, 2006
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 19, 2006
AN ACT
1 Amending the act of March 28, 1984 (P.L.150, No.28), entitled,
2 as amended, "An act relating to the rights of purchasers of
3 defective new motor vehicles," extending the act to include
4 leased vehicles, motorcycles, motor homes, off-road vehicles
5 and commercial vehicles; and further providing for
6 definitions.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 2 of the act of March 28, 1984 (P.L.150,
10 No.28), known as the Automobile Lemon Law, amended October 2,
11 2002 (P.L.809, No.117), is amended to read:
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Dealer" or "motor vehicle dealer." A person in the business
17 of buying, selling, leasing or exchanging vehicles.
18 "Department." The Department of Transportation of the
19 Commonwealth.
1 "Manufacturer." Any person engaged in the business of
2 constructing or assembling new and unused motor vehicles or
3 engaged in the business of importing new and unused motor
4 vehicles into the United States for the purpose of selling or
5 distributing new and unused motor vehicles to motor vehicle
6 dealers in this Commonwealth.
7 "Manufacturer's express warranty" or "warranty." The written
8 warranty of the manufacturer of a new automobile of its
9 condition and fitness for use, including any terms or conditions
10 precedent to the enforcement of obligations under the warranty.
11 "New motor vehicle." Any new and unused self-propelled,
12 motorized conveyance driven upon public roads, streets or
13 highways which is designed to transport not more than 15
14 persons, which was purchased or leased and is registered in the
15 Commonwealth or purchased or leased elsewhere and registered for
16 the first time in the Commonwealth. [and is used, leased or
17 bought for use primarily for personal, family or household
18 purposes, including a vehicle used by a manufacturer or dealer
19 as a demonstrator or dealer car prior to its sale. The term does
20 not include motorcycles, motor homes or off-road vehicles.] The
21 term includes a motorcycle, motor home, off-road vehicle,
22 personal vehicle and commercial vehicle.
23 "Nonconformity." A defect or condition which substantially
24 impairs the use, value or safety of a new motor vehicle and does
25 not conform to the manufacturer's express warranty.
26 "Purchaser." A person, or his successors or assigns, who has
27 obtained possession or ownership of a new motor vehicle by
28 lease, transfer or purchase or who has entered into an agreement
29 or contract for the lease or purchase of a new motor vehicle
30 [which is used, leased or bought for use primarily for personal,
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1 family or household purposes].
2 Section 2. Section 4(a) of the act, amended December 13,
3 2001 (P.L.868, No.94), is amended to read:
4 Section 4. Repair obligations.
5 (a) Repairs required.--[The]
6 (1) Except as otherwise provided under paragraph (2),
7 the manufacturer of a new motor vehicle sold [and registered]
8 or leased in the Commonwealth shall repair or correct, at no
9 cost to the purchaser or lessee, a nonconformity which
10 substantially impairs the use, value or safety of said motor
11 vehicle which may occur within a period of one year following
12 the actual delivery of the vehicle to the purchaser, within
13 the first 12,000 miles of use or during the term of the
14 warranty, whichever may first occur.
15 (2) The manufacturer of a new motor vehicle that is a
16 commercial vehicle, including a combination licensed for a
17 gross vehicle weight of 25,000 pounds or more, sold or leased
18 and registered in the Commonwealth shall repair or correct,
19 at no cost to the purchaser, a nonconformity which
20 substantially impairs the use, value or safety of said motor
21 vehicle which may occur within a period of one year following
22 the actual delivery of the vehicle to the purchaser, within
23 the first 100,000 miles of use or during the term of the
24 warranty, whichever may first occur.
25 * * *
26 Section 3. This act shall take effect in 60 days.
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