Regular Session 2015-2016 House Bill 1549 P.N. 2232

PRINTER'S NO. 2232

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1549

Session of

2015

INTRODUCED BY DUSH, D. COSTA, DRISCOLL, HELM, KINSEY, LAWRENCE,

McNEILL, MILLARD, MURT, THOMAS AND COHEN, SEPTEMBER 29, 2015

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, SEPTEMBER 29, 2015

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 repair obligations and for manufacturer's duty for refund

or replacement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 4 and 5 of the act of March 28, 1984

(P.L.150, No.28), known as the Automobile Lemon Law, amended

December 13, 2001 (P.L.868, No.94), are amended to read:

Section 4. Repair obligations.

(a) Repairs required.--[The] Except as provided under

subsection (a.1), the manufacturer of a new motor vehicle sold

or leased and registered in the Commonwealth shall repair or

correct, at no cost to the purchaser, a nonconformity which

substantially impairs the use, value or safety of said motor

vehicle which may occur within a period of [one year] two years

following the actual delivery of the vehicle to the purchaser,

within the first [12,000] 24,000 miles of use or during the term

of the warranty, whichever may first occur.

(a.1) Expiration of warranty.--If a nonconformity which

substantially impairs the use, value or safety of a motor

vehicle is not properly repaired or corrected by the time the

original manufacturer's warranty expires, the manufacturer must

repair the nonconformity until the nonconformity is fully

corrected at no cost to the purchaser.

(b) Delivery of vehicle.--It shall be the duty of the

purchaser to deliver the nonconforming vehicle to the

manufacturer's authorized service and repair facility within the

Commonwealth, unless, due to reasons of size and weight or

method of attachment or method of installation or nature of the

nonconformity, such delivery cannot reasonably be accomplished.

Should the purchaser be unable to effect return of the

nonconforming vehicle, he shall notify the manufacturer or its

authorized service and repair facility. Written notice of

nonconformity to the manufacturer or its authorized service and

repair facility shall constitute return of the vehicle when the

purchaser is unable to return the vehicle due to the

nonconformity. Upon receipt of such notice of nonconformity, the

manufacturer shall, at its option, service or repair the vehicle

at the location of nonconformity or pick up the vehicle for

service and repair or arrange for transporting the vehicle to

its authorized service and repair facility. All costs of

transporting the vehicle when the purchaser is unable to effect

return, due to nonconformity, shall be at the manufacturer's

expense.

or a manufacturer's authorized dealer must, within 24 hours of

notification of a nonconformity and while the owner's vehicle is

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with the manufacturer, the manufacturer's agent or the

manufacturer's authorized dealer for repair, lend a motor

vehicle to the purchaser at no charge.

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

If the manufacturer fails to repair or correct a

nonconformity, notwithstanding whether the original

manufacturer's warranty has expired, after a reasonable number

of attempts, the manufacturer shall, at the option of the

purchaser, replace the motor vehicle with a comparable motor

vehicle of equal value or accept return of the vehicle from the

purchaser and refund to the purchaser the full purchase price or

lease price, including all collateral charges, less a reasonable

allowance for the purchaser's use of 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 vehicle or the

nonconformity is the result of abuse, neglect or modification or

alteration of the motor vehicle by the purchaser.

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

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