PRINTER'S NO. 2472
No. 1907 Session of 2001
INTRODUCED BY PETRARCA, FREEMAN, SHANER, WOJNAROSKI, TRAVAGLIO,
MUNDY, STABACK, READSHAW, SOLOBAY, CALTAGIRONE, BELARDI,
CASORIO, BROWNE, DALEY, MELIO, TIGUE, ROHRER, KELLER, WALKO,
TRELLO, PISTELLA, MANDERINO, HARHAI, SAINATO, CORRIGAN,
HENNESSEY, GRUCELA, HORSEY, LAUGHLIN, TRICH AND J. WILLIAMS,
SEPTEMBER 18, 2001
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, SEPTEMBER 18, 2001
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 include leased
4 vehicles, motorcycles, motor homes, off-road vehicles and
5 commercial vehicles; and further providing for definitions.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The title and sections 2, 4(a) and 10(a) of the
9 act of March 28, 1984 (P.L.150, No.28), known as the Automobile
10 Lemon Law, are amended to read:
11 AN ACT
12 Relating to the rights of purchasers and lessees of defective
13 new motor vehicles.
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
1 "Dealer" or "motor vehicle dealer." A person in the business
2 of buying, selling, leasing or exchanging vehicles.
3 "Manufacturer." Any person engaged in the business of
4 constructing or assembling new and unused motor vehicles or
5 engaged in the business of importing new and unused motor
6 vehicles into the United States for the purpose of selling or
7 distributing new and unused motor vehicles to motor vehicle
8 dealers in this Commonwealth.
9 "Manufacturer's express warranty" or "warranty." The written
10 warranty of the manufacturer of a new automobile of its
11 condition and fitness for use, including any terms or conditions
12 precedent to the enforcement of obligations under the warranty.
13 "New motor vehicle." Any new and unused self-propelled,
14 motorized conveyance driven upon public roads, streets or
15 highways which is designed to transport not more than 15
16 persons, which was purchased [and is registered] or leased in
17 the Commonwealth. [and is used or bought for use primarily for
18 personal, family or household purposes, including a vehicle used
19 by a manufacturer or dealer as a demonstrator or dealer car
20 prior to its sale.] The term [does not include] includes
21 motorcycles, motor homes [or], off-road vehicles, personal
22 vehicles and commercial vehicles.
23 "Nonconformity." A defect or condition which substantially
24 impairs the use, value or safety of a new motor vehicle and does
25 not conform to the manufacturer's express warranty.
26 "Purchaser." A person, or his successors or assigns, who has
27 obtained ownership of a new motor vehicle by transfer or
28 purchase or who has entered into an agreement or contract for
29 the purchase or lease of a new motor vehicle [which is used or
30 bought for use primarily for personal, family or household
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1 purposes].
2 Section 4. Repair obligations.
3 (a) Repairs required.--The manufacturer of a new motor
4 vehicle [sold and registered] which is sold or leased in the
5 Commonwealth shall repair or correct, at no cost to the
6 purchaser or lessee, a nonconformity which substantially impairs
7 the use, value or safety of said motor vehicle which may occur
8 within a period of one year following the actual delivery of the
9 vehicle to the purchaser, within the first 12,000 miles of use
10 or during the term of the warranty, whichever may first occur.
11 The mileage limitation for commercial vehicles including
12 combinations licensed for a gross vehicle weight of 25,000
13 pounds or more is 100,000.
14 * * *
15 Section 10. Resale of returned motor vehicle.
16 (a) Vehicles may not be resold.--If a motor vehicle has been
17 returned under the provisions of this act or a similar statute
18 of another state, it may not be resold in this State unless:
19 (1) The manufacturer provides the same express warranty
20 it provided to the original purchaser or lessee, except that
21 the term of the warranty need only last for 12,000 miles or
22 12 months after the date of resale, whichever is earlier.
23 (2) The manufacturer provides the consumer with a
24 written statement on a separate piece of paper, in ten point
25 all capital type, in substantially the following form:
26 "IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER
27 BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER'S EXPRESS
28 WARRANTY AND THE NONCONFORMITY WAS NOT CURED WITHIN A
29 REASONABLE TIME AS PROVIDED BY PENNSYLVANIA LAW."
30 The provisions of this section apply to the resold motor vehicle
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1 for the full term of the warranty required under this
2 subsection.
3 * * *
4 Section 2. This act shall take effect in 60 days.
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