PRINTER'S NO. 2324
No. 1786 Session of 2005
INTRODUCED BY HARHAI, BARRAR, BEBKO-JONES, BUNT, CALTAGIRONE,
FABRIZIO, FREEMAN, GOODMAN, GRUCELA, JAMES, KOTIK, LEDERER,
MANDERINO, McCALL, MICOZZIE, MUNDY, MYERS, PETRARCA,
REICHLEY, SAINATO, SCAVELLO, SHANER, SHAPIRO, SOLOBAY,
STABACK, TANGRETTI, TIGUE, WALKO, WANSACZ, YOUNGBLOOD, DALEY
AND PISTELLA, JUNE 23, 2005
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 23, 2005
AN ACT
1 Amending the act of March 28, 1984 (P.L.150, No.28), entitled,
2 as amended, "An act relating to the rights of purchasers and
3 lessees of defective new motor vehicles," enlarging the scope
4 of the act.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2 of the act of March 28, 1984 (P.L.150,
8 No.28), known as the Automobile Lemon Law, amended October 2,
9 2002 (P.L.809, No.117), is amended to read:
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Dealer" or "motor vehicle dealer." A person in the business
15 of buying, selling, leasing or exchanging vehicles.
16 "Department." The Department of Transportation of the
17 Commonwealth.
1 "Manufacturer." Any person engaged in the business of
2 constructing or assembling new and unused motor vehicles or
3 engaged in the business of importing new and unused motor
4 vehicles into the United States for the purpose of selling or
5 distributing new and unused motor vehicles to motor vehicle
6 dealers in this Commonwealth.
7 "Manufacturer's express warranty" or "warranty." The written
8 warranty of the manufacturer of a new automobile of its
9 condition and fitness for use, including any terms or conditions
10 precedent to the enforcement of obligations under the warranty.
11 "New motor vehicle." Any new and unused self-propelled,
12 motorized conveyance driven upon public roads, streets or
13 highways [which is designed to transport not more than 15
14 persons], which was purchased or leased and is registered in the
15 Commonwealth or purchased or leased elsewhere and registered for
16 the first time in the Commonwealth and is used, leased or bought
17 for use primarily for personal, family or household purposes,
18 including a vehicle used by a manufacturer or dealer as a
19 demonstrator or dealer car prior to its sale. The term includes
20 a recreational vehicle. The term does not include motorcycles[,
21 motor homes] or off-road vehicles.
22 "Nonconformity." A defect or condition which substantially
23 impairs the use, value or safety of a new motor vehicle and does
24 not conform to the manufacturer's express warranty.
25 "Purchaser." A person, or his successors or assigns, who has
26 obtained possession or ownership of a new motor vehicle by
27 lease, transfer or purchase or who has entered into an agreement
28 or contract for the lease or purchase of a new motor vehicle
29 which is used, leased or bought for use primarily for personal,
30 family or household purposes.
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1 "Recreational vehicle." A motor home, pickup truck with
2 attached camper or bus when used exclusively for personal
3 pleasure by individuals.
4 Section 2. This act shall take effect in 60 days.
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