HOUSE AMENDED
PRIOR PRINTER'S NO. 23
PRINTER'S NO. 1972
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
155
Session of
2023
INTRODUCED BY BROOKS, COLLETT, DILLON, BARTOLOTTA, STEFANO,
KANE, STREET, J. WARD, CAPPELLETTI, MASTRIANO, COSTA,
HUTCHINSON, ROBINSON AND REGAN, JANUARY 9, 2023
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 22, 2024
AN ACT
Amending the act of March 28, 1984 (P.L.150, No.28), entitled
"An act relating to the rights of purchasers and lessees of
defective new motor vehicles," further providing for
definitions, for repair obligations, for manufacturer's duty
for refund or replacement and for presumption of a reasonable
number of attempts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "new motor vehicle" in section
2 of the act of March 28, 1984 (P.L.150, No.28), known as the
Automobile Lemon Law, is amended and the section is amended by
adding definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Dual sport motorcycle." A motorcycle that is designed to be
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ridden on and off road that may or may not be registered with
the department.
* * *
"Motorcycle." As defined in 75 Pa.C.S. § 102 (relating to
definitions).
"New motor vehicle." Any new and unused self-propelled,
motorized conveyance driven upon public roads, streets or
highways which is designed to transport not more than 15
persons, which was purchased or leased and is registered in the
Commonwealth or purchased or leased elsewhere and registered for
the first time in the Commonwealth and is used, leased or bought
for use primarily for personal, family or household purposes,
including a vehicle used by a manufacturer or dealer as a
demonstrator or dealer car prior to its sale. The term includes
motorcycles and does not include [motorcycles,] motor homes
[or], off-road vehicles or dual sport motorcycles driven off
road.
* * *
Section 2. Sections 4(a) and 5 of the act are amended to
read:
Section 4. Repair obligations.
(a) Repairs required.--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:
(1) in the case of a motorcycle, may occur within a
period of one year following the actual delivery of the
motorcycle to the purchaser or during the term of the
warranty, whichever may occur first; or
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(2) in the case of any other new motor vehicle, 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
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. For purposes of this
section, the phrase "modification or alteration" shall include,
in relation to a motorcycle, a modification or alteration made
after the date of actual delivery of the motorcycle to the
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purchaser.
Section 3. Section 6(a) and (b) of the act are amended by
adding paragraphs and the section is amended by adding a
subsection 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:
* * *
(3) For a motorcycle, manufacturer-sourced parts have
been used in the attempts to repair the nonconformity.
(b) Time period extension.--
* * *
(4) The minimum number of calendar days provided under
subsection (a)(2) shall not apply to the period during which
a motorcycle is being stored at a manufacturer's authorized
service and repair facility, either as a courtesy to the
purchaser or for compensation, even if repairs to correct a
nonconformity are made during the storage period. This
paragraph shall apply if the purchaser waives the minimum
calendar day period in writing or enters into a contract for
storage of the motorcycle. A waiver under this paragraph
shall contain the signature of the purchaser and a
representative of the manufacturer's authorized service and
repair facility.
(c) Applicability.--Subsections (a) and (b) shall only apply
to a motorcycle if all attempts to correct a nonconformity are
made by the same manufacturer's authorized service and repair
facility or if the purchaser provides a complete set of repair
records, related to the nonconformity, to a manufacturer's
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authorized service and repair facility that has not previously
attempted to repair the nonconformity. The manufacturer's
authorized service and repair facility that performed the
repairs shall provide an affidavit that the nonconformity has
been subject to repair three times.
Section 4. This act shall take effect in 60 days SIX MONTHS.
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