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                                                       PRINTER'S NO. 465

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 450 Session of 1989


        INTRODUCED BY GREENLEAF, BELL, SALVATORE, REIBMAN, PETERSON,
           DAWIDA, ANDREZESKI, JONES AND PORTERFIELD, FEBRUARY 6, 1989

        REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
           FEBRUARY 6, 1989

                                     AN ACT

     1  Requiring that when motor vehicles are serviced or repaired any
     2     parts replaced must be returned upon request; and providing
     3     penalties for noncompliance.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Motor Vehicle
     8  Repair Act.
     9  Section 2.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Dealer" or "motor vehicle dealer."  A person in the business
    14  of buying, selling or exchanging vehicles.
    15     "Motor vehicle."  A vehicle which is self-propelled except
    16  one which is propelled solely by human or animal power. The term
    17  includes those vehicles designed primarily for use in
    18  construction, agriculture or road maintenance such as tractors

     1  and earth-moving equipment.
     2     "Owner."  A person or his successors or assigns who own a
     3  motor vehicle.
     4     "Person."  A natural person, corporation, partnership,
     5  business unit or association who delivers a motor vehicle for
     6  service or repair.
     7     "Service provider."  Any motor vehicle dealership, official
     8  inspection station, garage or individual mechanic offering motor
     9  vehicle repair services for profit.
    10  Section 3.  Request for parts.
    11     Upon the request of the owner or other person seeking the
    12  repair of a motor vehicle from a service provider that worn or
    13  used parts replaced during the provision of service or repair to
    14  the motor vehicle be retained, the service provider shall retain
    15  all such parts and return them to the owner or other person upon
    16  completion of the service or repair.
    17  Section 4.  Penalties.
    18     (a)  Summary offense.--A person who violates the provisions
    19  of this act commits a summary offense and shall, upon
    20  conviction, be sentenced to pay a fine of $100.
    21     (b)  Application of Unfair Trade Practices and Consumer
    22  Protection Law.--A violation of the act shall also be a
    23  violation of the act of December 17, 1968 (P.L.1224, No.387),
    24  known as the Unfair Trade Practices and Consumer Protection Law.
    25  Section 5.  Effective date.
    26     This act shall take effect in 60 days.



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