PRINTER'S NO. 4594

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2960

Session of

2020

INTRODUCED BY HANBIDGE, PETRARCA, KINSEY, WEBSTER, McNEILL,

SCHLOSSBERG, MILLARD, YOUNGBLOOD, FREEMAN, VITALI, MULLERY,

HILL-EVANS, CIRESI, EVERETT, ROEBUCK AND OTTEN,

definitions, for disclosure, for repair obligations, for

manufacturer's duty for refund or replacement, for

presumption of a reasonable number of attempts, for civil

cause of action and for resale of returned motor vehicle.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 2, 3, 4(a), 5, 6(b)(3), 8 and 10 of the

act of March 28, 1984 (P.L.150, No.28), known as the Automobile

Lemon Law, are amended to read:

Section 2. Definitions.

"Department." The Department of Transportation of the

Commonwealth.

"House coach." A motor vehicle with an enclosed area that is

designed, constructed or equipped for use, either permanently or

temporarily, as a mobile dwelling place, sleeping place or

camping accommodation. A house coach includes:

on a pickup truck; and

dwelling place or sleeping place and is equipped for use as a

conveyance on streets and highways.

designed and constructed for use as a house trailer, as

defined in paragraph (1), but which is used permanently or

temporarily for advertising, sales, display or promotion of

merchandise or services or for any other commercial purpose

except the transportation of property.

"Manufacturer." Any person engaged in the business of

constructing or assembling new and unused motor vehicles or

dealers in this Commonwealth.

"Manufacturer's express warranty" or "warranty." The written

warranty of the manufacturer of a new automobile or recreational

vehicle of its condition and fitness for use, including any

terms or conditions precedent to the enforcement of obligations

under the warranty.

"Motor home." A motor vehicle designed or adapted for use as

a mobile dwelling place or office, except a motor vehicle

equipped with a truck-camper.

"New motor vehicle." Any new and unused self-propelled,

including a vehicle used by a manufacturer or dealer as a

demonstrator or dealer car prior to its sale. The term does not

include motorcycles[, motor homes] or off-road vehicles.

"Nonconformity." A defect or condition which substantially

impairs the use, value or safety of a new motor vehicle and does

not conform to the manufacturer's express warranty.

"Purchaser." A person, or his successors or assigns, who has

obtained possession or ownership of a new motor vehicle or

recreational vehicle by lease, transfer or purchase or who has

entered into an agreement or contract for the lease or purchase

provide temporary living quarters for noncommercial

recreational, camping or travel use.

"Recreational vehicle." Any new and unused self-propelled

motorized conveyance or vehicle to be towed by a motor vehicle

that is purchased or leased for the first time in this

Commonwealth and that is registered in this Commonwealth if

required by the Department of Transportation. This term

includes, but is not limited to:

Section 3. Disclosure.

The Attorney General shall prepare and publish in the

Pennsylvania Bulletin a statement which explains a purchaser's

rights under this law. Manufacturers shall provide to each

purchaser at the time of original purchase of a new motor

vehicle or recreational vehicle a written statement containing a

copy of the Attorney General's statement and a listing of zone

offices, with addresses and phone numbers, which can be

contacted by the purchaser for the purpose of securing the

remedies provided for in this act.

purchaser, a nonconformity which substantially impairs the use,

value or safety of said motor vehicle or recreational vehicle

which may occur within a period of one year following the actual

delivery of the vehicle to the purchaser, within the first

12,000 miles of use or during the term of the warranty,

whichever may first occur.

* * *

Section 5. Manufacturer's duty for refund or replacement.

If the manufacturer fails to repair or correct a

nonconformity after a reasonable number of attempts, the

the vehicle not exceeding 10¢ per mile driven or 10% of the

purchase price or lease price of the vehicle, whichever is less.

Refunds shall be made to the purchaser and lienholder, if any,

as their interests may appear. A reasonable allowance for use

shall be that amount directly attributable to use by the

purchaser prior to his first report of the nonconformity to the

manufacturer. In the event the consumer elects a refund, payment

shall be made within 30 days of such election. A consumer shall

not be entitled to a refund or replacement if the nonconformity

does not substantially impair the use, value or safety of the

* * *

(b) Time period extension.--

manufacturer, its agent or authorized dealer lends a motor

vehicle or recreational 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 8. Civil cause of action.

Section 10. Resale of returned motor vehicle or recreational

(a) Vehicles may not be resold, transferred or leased at

retail or wholesale.--If a motor vehicle or recreational vehicle

has been repurchased under the provisions of this act or a

similar statute of another state, it may not be resold,

transferred or leased in this State unless:

it provided to the original purchaser, except that the term

of the warranty need only last for 12,000 miles or 12 months

paper, in ten point all capital type, in substantially the

following form:

lessor or transferor clearly and conspicuously discloses the

manufacturer's written notification prior to the resale or

Access to the receipt shall be maintained for four years. The

Attorney General shall approve the form and content of the

disclosure statement supplied by the manufacturer.

applies for and receives the designation of a branded title

from the department.

title with a designation indicating that the motor vehicle or

recreational vehicle was repurchased under the provisions of

this act. The department shall forward to subsequent

vehicle was branded under the provisions of this act. The

department shall determine the exact form and content of the

title brand.

The provisions of this section apply to the resold, transferred

or leased motor vehicle or recreational vehicle for the full

term of the warranty required under this subsection. Failure of

the manufacturer, dealer, lessor or transferor to notify its

immediate purchaser of the requirements of this section subjects

the manufacturer, dealer, lessor or transferor to pay to the

Commonwealth a civil penalty of $2,000 per violation and, at the

exceeding 10¢ per mile driven or 10% of the purchase price of

the vehicle, whichever is less.

(b) Returned vehicles not to be resold.--Notwithstanding the

provisions of subsection (a), if a new motor vehicle or

recreational vehicle has been returned under the provisions of

this act or a similar statute of another state because of a

nonconformity resulting in a complete failure of the braking or

steering system of the motor vehicle or recreational vehicle

likely to cause death or serious bodily injury if the vehicle

was driven, the motor vehicle or recreational vehicle may not be

to public policy. Where applicable, the rights set forth in this

act shall extend to a subsequent purchaser, lessee or transferee

of the motor vehicle or recreational vehicle.

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