act-2001-0-94•Pennsylvania Act 2001-94 — AUTOMOBILE LEMON LAW - OMNIBUS AMENDMENTS
Pennsylvania Act 2001-94 — AUTOMOBILE LEMON LAW - OMNIBUS AMENDMENTS
act-2001-0-942001 Pa. Act 94Law
Act text
AUTOMOBILE LEMON LAW - OMNIBUS AMENDMENTS
Act of Dec. 13, 2001, P.L. 868, No. 94 Cl. 12
Session of 2001
No. 2001-94
SB 286
AN ACT
Amending the act of March 28, 1984 (P.L.150, No.28), entitled
"An act relating to the rights of purchasers of defective new
motor vehicles," amending the title of the act; and further
providing for definitions, for repair obligations, for
manufacturer's duty for refund or replacement and for resale of
returned motor vehicle.
The General Assembly of the Commonwealth of Pennsylvania hereby
enacts as follows:
Section 1. The title of the act of March 28, 1984 (P.L.150,
No.28), known as the Automobile Lemon Law, is amended to read:
AN ACT
Relating to the rights of purchasers and lessees of defective
new motor vehicles.
Section 2. Sections 2, 4, 5 and 10 of the act are amended 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:
"Dealer" or "motor vehicle dealer." A person in the business
of buying, selling, leasing or exchanging vehicles.
"Manufacturer." Any person engaged in the business of
constructing or assembling new and unused motor vehicles or
engaged in the business of importing new and unused motor
vehicles into the United States for the purpose of selling or
distributing new and unused motor vehicles to motor vehicle
dealers in this Commonwealth.
"Manufacturer's express warranty" or "warranty." The written
warranty of the manufacturer of a new automobile of its
condition and fitness for use, including any terms or conditions
precedent to the enforcement of obligations under the warranty.
"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 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 does not include motorcycles, motor
homes or off-road vehicles.
"Nonconformity." A defect or condition which substantially
impairs the use, value or safety of a new motor vehicle and does
not conform to the manufacturer's express warranty.
"Purchaser." A person, or his successors or assigns, who has
obtained possession or ownership of a new motor vehicle by
lease, transfer or purchase or who has entered into an agreement
or contract for the lease or purchase of a new motor vehicle
which is used, leased or bought for use primarily for personal,
family or household purposes.
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 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.
(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.
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.
Section 10. Resale of returned motor vehicle.
(a) Vehicles may not be resold.--If a motor vehicle has been
returned under the provisions of this act or a similar statute
of another state, it may not be resold or leased in this State
unless:
(1) The manufacturer provides the same express warranty
it provided to the original purchaser, except that the term
of the warranty need only last for 12,000 miles or 12 months
after the date of resale, whichever is earlier.
(2) The manufacturer provides the consumer with a
written statement on a separate piece of paper, in ten point
all capital type, in substantially the following form:
"IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER
BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER'S EXPRESS
WARRANTY AND THE NONCONFORMITY WAS NOT CURED WITHIN A
REASONABLE TIME AS PROVIDED BY PENNSYLVANIA LAW."
The provisions of this section apply to the resold motor vehicle
for the full term of the warranty required under this
subsection.
(b) Returned vehicles not to be resold.--Notwithstanding the
provisions of subsection (a), if a new motor vehicle has been
returned under the provisions of this act or a similar statute
of another state because of a nonconformity resulting in a
complete failure of the braking or steering system of the motor
vehicle likely to cause death or serious bodily injury if the
vehicle was driven, the motor vehicle may not be resold in this
Commonwealth.
Section 3. This act shall apply to the purchase or lease of a
new motor vehicle on or after the effective date of this act.
Section 4. This act shall take effect in 60 days.
APPROVED--The 13th day of December, A. D. 2001.
MARK S. SCHWEIKER
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