THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, M. WHITE, WAUGH AND TARTAGLIONE, AUGUST 30, 2011

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AUGUST 30, 2011  

AN ACT

Amending the act of March 28, 1984 (P.L.150, No.28), entitled,

as amended, "An act relating to the rights of purchasers and

lessees of defective new motor vehicles," further providing

for presumption of a reasonable number of attempts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6 of the act of March 28, 1984 (P.L.150,

No.28), known as the Automobile Lemon Law, is amended to read:

Section 6.  Presumption of a reasonable number of attempts.

(a)  General rule.--It shall be presumed that a reasonable

number of attempts have been undertaken to repair or correct a

nonconformity if:

(1)  the same nonconformity has been subject to repair

three times by the manufacturer, its agents or authorized

dealers and the nonconformity still exists; or

(2)  the vehicle is out-of-service by reason of any

nonconformity for a cumulative total of 30 or more calendar

days.

(b)  Time-period extension.--

(1)  The minimum number of calendar days provided for in

subsection (a)(2) shall be extended by a period of not more

than 30 additional calendar days if the repair cannot be

completed by the manufacturer, its agent or authorized dealer

by reason of war, act of terrorism, civil unrest, fire, flood

or natural disaster.

(2)  The minimum number of calendar days provided for in

paragraph (1) may be extended for not more than 90 additional

calendar days if the manufacturer, its agent or authorized

dealer files a sworn affidavit with the Office of Attorney

General stating that repair could not be completed because of

one or more of the reasons described in paragraph (1).

(3)  Paragraphs (1) and (2) shall apply only if the

manufacturer, its agent or authorized dealer lends a motor

vehicle to the owner at no charge during the period of time

under paragraphs (1) and (2), respectively, that the owner's

vehicle is with the manufacturer, its agent or authorized

dealer for repair.

Section 2.  This act shall take effect in 60 days.