PRIOR PRINTER'S NO. 164 PRINTER'S NO. 2258
No. 146 Session of 1987
INTRODUCED BY LLOYD, VEON, PISTELLA, CAPPABIANCA, MICHLOVIC,
KOSINSKI, TRUMAN, CESSAR, HECKLER, TRELLO, DeLUCA, KUKOVICH
AND OLASZ, FEBRUARY 3, 1987
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 6, 1987
AN ACT
1 Regulating motor vehicle rustproofing; and providing penalties <--
2 REMEDIES. <--
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Vehicle
7 Rustproofing Protection Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Manufacturer." A person engaged directly or indirectly in
13 manufacture or wholesale distribution of motor vehicles.
14 "Motor vehicle." A vehicle which is self-propelled, except
15 one which is propelled solely by human power or electrical power
16 obtained from overhead trolley wires, but not operated upon
17 rails.
1 "Motor vehicle dealer." A person engaged in the business of
2 buying, selling or exchanging motor vehicles at retail within
3 this Commonwealth.
4 "New motor vehicle." A motor vehicle which has not
5 previously been sold or exchanged at retail.
6 "Person." A natural person, firm, partnership, association
7 or corporation.
8 Section 3. Unlawful activity.
9 It shall be unlawful for a motor vehicle dealer to rustproof
10 a new motor vehicle prior to the sale or exchange of that new
11 motor vehicle at retail unless the motor vehicle dealer has:
12 (1) Informed the person who is buying the vehicle or
13 receiving it in exchange that such person has the right to
14 buy or receive the vehicle even if such person refuses to
15 have the vehicle rustproofed by the dealer.
16 (2) Informed such person of any rustproofing of the
17 vehicle by the manufacturer of the vehicle and of any
18 warranty applicable to such rustproofing by the manufacturer.
19 (3) Obtained the consent of such person to have the
20 vehicle rustproofed by the dealer.
21 Section 4. Regulations.
22 The Attorney General may adopt such rules and regulations as
23 may be necessary for the enforcement and administration of this
24 act.
25 Section 5. Restraining prohibited acts. <--
26 Whenever the Attorney General or a district attorney has
27 reason to believe that a motor vehicle dealer is violating, or
28 is about to violate, section 3, he may bring an action in the
29 name of the Commonwealth against such motor vehicle dealer to
30 restrain such violation by temporary or permanent injunction.
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1 Section 6. Payment of costs and restitution.
2 Whenever any court issues a permanent injunction to restrain
3 and prevent violations of section 3, the court may, in its
4 discretion, direct that the defendant or defendants restore to
5 any person in interest any moneys or property, real or personal,
6 which may have been acquired by means of any violation of
7 section 3, under terms and conditions to be established by the
8 court.
9 Section 7. Assurances of voluntary compliance.
10 In the administration of this act, the Attorney General may
11 accept an assurance of voluntary compliance with respect to
12 section 3 from any motor vehicle dealer who has engaged or was
13 about to engage in a violation of section 3. Such assurance may
14 include a stipulation for voluntary payment by the alleged
15 violator providing for the restitution by the alleged violator
16 to consumers, of money, property or other things received from
17 them in connection with a violation of section 3. Any such
18 assurance shall be in writing and be filed with the court. Such
19 assurance of voluntary compliance shall not be considered an
20 admission of violation for any purpose. Matters thus closed may
21 at any time be reopened by the Attorney General for further
22 proceedings in the public interest.
23 Section 8. Civil penalties.
24 (a) Voluntary complaint.--Any person who violates the terms
25 of an injunction issued in an action brought under section 5 or
26 any of the terms of an assurance of voluntary compliance duly
27 filed in court under section 7 shall forfeit and pay to the
28 Commonwealth a civil penalty of not more than $5,000 for each
29 violation. For the purposes of this section, the court issuing
30 an injunction or in which an assurance of voluntary compliance
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1 is filed shall retain jurisdiction; and the cause shall be
2 continued; and, in such cases, the Attorney General or the
3 appropriate district attorney, acting in the name of the
4 Commonwealth of Pennsylvania, may petition for recovery of civil
5 penalties and any other equitable relief deemed needed or
6 proper.
7 (b) Additional penalty.--In any action brought under section
8 5, if the court finds that a motor vehicle dealer is violating
9 or about to violate section 3, the Attorney General or the
10 appropriate district attorney, acting in the name of the
11 Commonwealth, may recover, on behalf of the Commonwealth, a
12 civil penalty of not more than $1,000 per violation, which civil
13 penalty shall be in addition to other relief which may be
14 granted under sections 5 and 6.
15 SECTION 5. VIOLATIONS. <--
16 A VIOLATION OF SECTION 3 SHALL BE DEEMED A VIOLATION OF THE
17 ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR
18 TRADE PRACTICES AND CONSUMER PROTECTION LAW. THE ATTORNEY
19 GENERAL IS AUTHORIZED TO ENFORCE THIS ACT.
20 Section 9 6. Other remedies. <--
21 (a) Private action.--Nothing in this act shall be construed
22 to prohibit a private action for a violation of section 3. Any <--
23 permanent injunction, judgment or order of the court made under
24 section 5 shall be prima facie evidence in any private action
25 for a violation of section 3.
26 (b) Independent remedy.--Any actions ACTION brought by the <--
27 Attorney General or a district attorney under this act shall be <--
28 in addition to any actions ACTION which the Attorney General or <--
29 a district attorney may bring under any other law.
30 Section 10 7. Effective date. <--
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1 This act shall take effect in 60 days.
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