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A04442
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
74
Session of
2017
INTRODUCED BY SNYDER, MURT, NEILSON, V. BROWN, DiGIROLAMO,
GERGELY, SAMUELSON, BULLOCK, KAUFFMAN, McNEILL, ROZZI,
MACKENZIE, DUNBAR, DRISCOLL, KINSEY, CALTAGIRONE, MATZIE,
EVERETT, WARD, O'NEILL, D. COSTA, A. HARRIS, MOUL,
SCHLOSSBERG, BIZZARRO, STAATS, LONGIETTI, PETRARCA, McCARTER,
GILLEN, BARRAR, CARROLL, B. MILLER, FREEMAN AND STURLA,
JANUARY 23, 2017
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 23, 2017
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 the definition of "new motor vehicle." for definitions,
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 a definition 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:
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"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.
* * *
Section 1.1. Section 5 of the act is amended to read:
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
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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 by the
purchaser" shall include, in relation to a motorcycle, a
modification or alteration made after the date of actual
delivery of the motorcycle to the purchaser.
Section 1.2. Section 6(b) of the act is amended by adding a
paragraph and the section is amended by adding a subsection to
read:
Section 6. Presumption of a reasonable number of attempts.
* * *
(b) Time period extension.--
* * *
(4) The minimum number of calendar days provided for
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 must 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
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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
authorized service and repair facility that has not previously
attempted to repair the nonconformity.
Section 2. This act shall take effect in 60 days.
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