PRINTER'S NO. 16
No. 14 Session of 1989
INTRODUCED BY LLOYD, FREEMAN, WILLIAMS, HALUSKA, GIGLIOTTI,
BUNT, VEON, STABACK, KOSINSKI, DOMBROWSKI, E. Z. TAYLOR,
MRKONIC, KUKOVICH, WOZNIAK, CIVERA, DeLUCA, TIGUE, RAYMOND,
YANDRISEVITS, CAWLEY, STUBAN, DISTLER, VAN HORNE, ITKIN,
COLAIZZO, KAISER AND THOMAS, JANUARY 18, 1989
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 18, 1989
AN ACT
1 Regulating motor vehicle rustproofing; and providing remedies.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Duty to inform.
5 (a) General rule.--Whenever a motor vehicle dealer offers to
6 rustproof a motor vehicle which he is offering for sale at
7 retail, the motor vehicle dealer shall inform the person who is
8 buying the vehicle:
9 (1) that rustproofing by the dealer is optional;
10 (2) if the vehicle has been rustproofed by the
11 manufacturer and what, if any, manufacturer's warranty is
12 applicable to that rustproofing;
13 (3) the extent, if any, to which rustproofing by the
14 dealer will affect any manufacturer's warranty applicable to
15 rustpoofing by the manufacturer; and
16 (4) the charge, if any, and the warranty, if any, for
1 rustproofing by the dealer.
2 (b) Exception.--Subsection (a) shall not be applicable and a
3 motor vehicle dealer shall have no duty to inform a person
4 pursuant to subsection (a) if the motor vehicle dealer
5 rustproofed a motor vehicle before offering it for sale to that
6 person.
7 Section 2. Violations.
8 A violation of section 1 shall be deemed a violation of the
9 act of December 17, 1968 (P.L.1224, No.387), known as the Unfair
10 Trade Practices and Consumer Protection Law.
11 Section 3. Attorney General.
12 (a) Enforcement.--The Attorney General is authorized to
13 enforce this act.
14 (b) Regulations.--The Attorney General may adopt such
15 regulations as may be necessary for the enforcement and
16 administration of this act.
17 Section 4. Private actions preserved.
18 Nothing in this act shall prohibit any private actions
19 authorized by any other provisions of law.
20 Section 5. Nonapplicability.
21 This act shall not be applicable to any motor vehicle which
22 has been rustproofed by a motor vehicle dealer prior to the
23 effective date of this act.
24 Section 6. Effective date.
25 This act shall take effect in 180 days.
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