PRINTER'S NO. 452
No. 433 Session of 1995
INTRODUCED BY GREENLEAF, BELL, AFFLERBACH, BELAN, DELP, FUMO,
HART, LAVALLE, LEMMOND, PETERSON, PUNT, RHOADES, SCHWARTZ,
TOMLINSON AND WILLIAMS, FEBRUARY 9, 1995
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 9, 1995
AN ACT
1 Requiring that, when motor vehicles are serviced or repaired,
2 any parts replaced must be returned upon request; and
3 providing penalties for noncompliance.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Motor Vehicle
8 Repair Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Dealer" or "motor vehicle dealer." A person in the business
14 of buying, selling or exchanging vehicles.
15 "Motor vehicle." A vehicle which is self-propelled except
16 one which is propelled solely by human or animal power. The term
17 includes those vehicles designed primarily for use in
1 construction, agriculture or road maintenance, such as tractors
2 and earth-moving equipment.
3 "Owner." A person or his successors or assigns who owns a
4 motor vehicle.
5 "Person." A natural person, corporation, partnership,
6 business unit or association who delivers a motor vehicle for
7 service or repair.
8 "Service provider." Any motor vehicle dealership, official
9 inspection station, garage or individual mechanic offering motor
10 vehicle repair services for profit.
11 Section 3. Request for parts.
12 Upon the request of the owner or other person seeking the
13 repair of a motor vehicle from a service provider that worn or
14 used parts replaced during the provision of service or repair to
15 the motor vehicle be retained, the service provider shall retain
16 all such parts and return them to the owner or other person upon
17 completion of the service or repair.
18 Section 4. Penalties.
19 (a) Summary offense.--A person who violates the provisions
20 of this act commits a summary offense and shall, upon
21 conviction, be sentenced to pay a fine of $100.
22 (b) Application of Unfair Trade Practices and Consumer
23 Protection Law.--A violation of this act shall also be a
24 violation of the act of December 17, 1968 (P.L.1224, No.387),
25 known as the Unfair Trade Practices and Consumer Protection Law.
26 Section 5. Effective date.
27 This act shall take effect in 60 days.
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