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                                                      PRINTER'S NO. 3028

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2264 Session of 1990


        INTRODUCED BY McNALLY, DEMPSEY, DISTLER, WOGAN, COY, HALUSKA,
           HERSHEY, PRESSMANN, TIGUE, TANGRETTI, STISH, VAN HORNE,
           LEVDANSKY, BLAUM, MAINE, MICHLOVIC, BOWLEY, MORRIS, McHALE,
           YANDRISEVITS, J. L. WRIGHT, BORTNER, KUKOVICH, DeLUCA,
           RAYMOND, PISTELLA, TRELLO, NAILOR, BILLOW, GEIST, TRICH,
           E. Z. TAYLOR, FOX, LAUGHLIN, PRESTON, ITKIN, MOEHLMANN,
           GIGLIOTTI, REBER, NOYE, BATTISTO, BROUJOS, VEON, BUNT,
           COLAFELLA, ACOSTA, SAURMAN, PESCI, FARMER, NAHILL, LINTON,
           HARPER, FREEMAN, McVERRY, ADOLPH, KASUNIC, CORNELL, CIVERA,
           OLASZ, J. H. CLARK AND JOSEPHS, JANUARY 31, 1990

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 31, 1990

                                     AN ACT

     1  Amending the act of March 28, 1984 (P.L.150, No.28), entitled
     2     "An act relating to the rights of purchasers of defective new
     3     motor vehicles," extending the act to leases of automobiles.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  The title, the definitions of "dealer," "new
     7  motor vehicle" and "purchaser" in section 2 and section 4(a) of
     8  the act of March 28, 1984 (P.L.150, No.28), known as the
     9  Automobile Lemon Law, are amended to read:
    10                               AN ACT
    11  Relating to the rights of purchasers and lessees of defective
    12     new motor vehicles.
    13  Section 2.  Definitions.
    14     The following words and phrases when used in this act shall


     1  have the meanings given to them in this section unless the
     2  context clearly indicates otherwise:
     3     "Dealer" or "motor vehicle dealer."  A person in the business
     4  of buying, selling, leasing or exchanging vehicles.
     5     * * *
     6     "New motor vehicle."  Any new and unused self-propelled,
     7  motorized conveyance driven upon public roads, streets or
     8  highways which is designed to transport not more than 15
     9  persons, which was purchased or leased and is registered in the
    10  Commonwealth and is used, leased or bought for use primarily for
    11  personal, family or household purposes, including a vehicle used
    12  by a manufacturer or dealer as a demonstrator or dealer car
    13  prior to its sale. The term does not include motorcycles, motor
    14  homes or off-road vehicles.
    15     * * *
    16     "Purchaser."  A person, or his successors or assigns, who has
    17  obtained possession or ownership of a new motor vehicle by
    18  lease, transfer or purchase or who has entered into an agreement
    19  or contract for the lease or purchase of a new motor vehicle
    20  which is used or bought for use primarily for personal, family
    21  or household purposes.
    22  Section 4.  Repair obligations.
    23     (a)  Repairs required.--The manufacturer of a new motor
    24  vehicle sold and registered or leased in the Commonwealth shall
    25  repair or correct, at no cost to the purchaser, a nonconformity
    26  which substantially impairs the use, value or safety of said
    27  motor vehicle which may occur within a period of one year
    28  following the actual delivery of the vehicle to the purchaser,
    29  within the first 12,000 miles of use or during the term of the
    30  warranty, whichever may first occur.
    19900H2264B3028                  - 2 -

     1     * * *
     2     Section 2.  This act shall apply to leases of automobiles
     3  executed on and after the effective date hereof.
     4     Section 3.  This act shall take effect in 60 days.


















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