PRINTER'S NO. 2051
No. 1624 Session of 2003
INTRODUCED BY FICHTER, ARMSTRONG, BAKER, BARRAR, BENNINGHOFF,
BROWNE, BUNT, CAPPELLI, CRAHALLA, CREIGHTON, CRUZ, DAILEY,
DeWEESE, FABRIZIO, FORCIER, FREEMAN, GOODMAN, HARHAI, HARPER,
HARRIS, HENNESSEY, HERMAN, HUTCHINSON, JAMES, KIRKLAND,
KOTIK, LEACH, LEDERER, LESCOVITZ, LEWIS, MAHER, MANDERINO,
McGEEHAN, MELIO, METCALFE, R. MILLER, S. MILLER, NAILOR,
PALLONE, PETRARCA, PHILLIPS, READSHAW, REICHLEY, ROBERTS,
SATHER, SAYLOR, SCRIMENTI, B. SMITH, SOLOBAY, R. STEVENSON,
E. Z. TAYLOR, J. TAYLOR, TIGUE, TURZAI, WALKO, WASHINGTON,
WATERS, WATSON, YEWCIC AND YOUNGBLOOD, JUNE 16, 2003
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 16, 2003
AN ACT
1 Amending the act of March 28, 1984 (P.L.150, No.28), entitled,
2 as amended, "An act relating to the rights of purchasers and
3 lessees of defective new motor vehicles," further providing
4 for definitions; and expanding the scope of the act to
5 include motorcycles.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2 of the act of March 28, 1984 (P.L.150,
9 No.28), known as the Automobile Lemon Law, amended October 2,
10 2002 (P.L.809, No.117), is amended to read:
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Dealer" or "motor vehicle dealer." A person in the business
1 of buying, selling, leasing or exchanging vehicles.
2 "Department." The Department of Transportation of the
3 Commonwealth.
4 "Manufacturer." Any person engaged in the business of
5 constructing or assembling new and unused motor vehicles or
6 engaged in the business of importing new and unused motor
7 vehicles into the United States for the purpose of selling or
8 distributing new and unused motor vehicles to motor vehicle
9 dealers in this Commonwealth.
10 "Manufacturer's express warranty" or "warranty." The written
11 warranty of the manufacturer of a new [automobile] motor vehicle
12 of its condition and fitness for use, including any terms or
13 conditions precedent to the enforcement of obligations under the
14 warranty.
15 "New motor vehicle." Any new and unused self-propelled,
16 motorized conveyance driven upon public roads, streets or
17 highways which is designed to transport not more than 15
18 persons, which was purchased or leased and is registered in the
19 Commonwealth or purchased or leased elsewhere and registered for
20 the first time in the Commonwealth and is used, leased or bought
21 for use primarily for personal, family or household purposes,
22 including a vehicle used by a manufacturer or dealer as a
23 demonstrator or dealer car prior to its sale. The term [does not
24 include motorcycles, motor homes or off-road vehicles] includes
25 a motorcycle, but does not include a motor home or off-road
26 vehicle.
27 "Nonconformity." A defect or condition which substantially
28 impairs the use, value or safety of a new motor vehicle and does
29 not conform to the manufacturer's express warranty.
30 "Purchaser." A person, or his successors or assigns, who has
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1 obtained possession or ownership of a new motor vehicle by
2 lease, transfer or purchase or who has entered into an agreement
3 or contract for the lease or purchase of a new motor vehicle
4 which is used, leased or bought for use primarily for personal,
5 family or household purposes.
6 Section 3. This act shall apply to the purchase or lease of
7 a new motor vehicle on or after the effective date of this act.
8 Section 4. This act shall take effect in 60 days.
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