PRINTER'S NO. 1935
No. 1560 Session of 2005
INTRODUCED BY GRUCELA, CALTAGIRONE, DENLINGER, FABRIZIO, GEORGE,
GOODMAN, HARRIS, JAMES, LEACH, PETRARCA, PISTELLA, SCAVELLO,
SHANER, SOLOBAY, STABACK, TIGUE, WOJNAROSKI AND YOUNGBLOOD,
MAY 10, 2005
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 10, 2005
AN ACT
1 Relating to the rights of purchasers and lessees of defective
2 new lawn tractors.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Lawn Tractor
7 Lemon Law.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Dealer" or "lawn tractor dealer." A person in the business
13 of buying, selling, leasing or exchanging lawn tractors.
14 "Department." The Department of Transportation of the
15 Commonwealth.
16 "Horsepower." A unit for measuring the power of an engine.
17 "Lawn tractor." A self-propelled riding vehicle designed for
1 mowing lawns with a horsepower rating not to exceed ten. A lawn
2 tractor may have any of the following characteristics:
3 (1) A mid-mounted cutting deck and between one and three
4 rotary cutting blades.
5 (2) A cutting deck located under the front of the
6 vehicle.
7 (3) A battery-powered or gasoline-powered engine with a
8 battery, rope or rewind starter.
9 "Manufacturer." Any person engaged in the business of
10 constructing or assembling new and unused lawn tractors or
11 engaged in the business of importing new and unused lawn
12 tractors into the United States for the purpose of selling or
13 distributing new and unused lawn tractors to dealers in this
14 Commonwealth.
15 "Manufacturer's express warranty" or "warranty." The written
16 warranty of the manufacturer of a new lawn tractor of its
17 condition and fitness for use, including any terms or conditions
18 precedent to the enforcement of obligations under the warranty.
19 "Nonconformity." A defect or condition which substantially
20 impairs the use, value or safety of a new lawn tractor and does
21 not conform to the manufacturer's express warranty.
22 "Purchaser." A person, or his successors or assigns, who has
23 obtained possession or ownership of a new lawn tractor by lease,
24 transfer or purchase or who has entered into an agreement or
25 contract for the lease or purchase of a new lawn tractor which
26 is used, leased or bought for use primarily for personal, family
27 or household purposes.
28 Section 3. Disclosure.
29 The Attorney General shall prepare and publish in the
30 Pennsylvania Bulletin a statement which explains a purchaser's
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1 rights under this law. Manufacturers shall provide to each
2 purchaser at the time of original purchase a written statement
3 containing a copy of the Attorney General's statement and a
4 listing of zone offices, with addresses and telephone numbers,
5 which can be contacted by the purchaser for the purpose of
6 securing the remedies provided for in this act.
7 Section 4. Repair obligations.
8 (a) Repairs required.--The manufacturer of a new lawn
9 tractor sold or leased in this Commonwealth shall repair or
10 correct, at no cost to the purchaser, a nonconformity which
11 substantially impairs the use, value or safety of the lawn
12 tractor which may occur within a period of one year following
13 the actual delivery to the purchaser.
14 (b) Delivery.--It shall be the duty of the purchaser to
15 deliver the lawn tractor to the manufacturer's authorized
16 service and repair facility within this Commonwealth, unless,
17 due to reasons of size and weight or method of attachment or
18 method of installation or nature of the nonconformity, such
19 delivery cannot reasonably be accomplished. Should the purchaser
20 be unable to effect return of the nonconforming lawn tractor, he
21 shall notify the manufacturer or its authorized service and
22 repair facility. Written notice of nonconformity to the
23 manufacturer or its authorized service and repair facility shall
24 constitute return of the lawn tractor when the purchaser is
25 unable to return the lawn tractor due to the nonconformity. Upon
26 receipt of such notice of nonconformity, the manufacturer shall,
27 at its option, service or repair the lawn tractor at the
28 location of nonconformity or pick up the lawn tractor for
29 service and repair or arrange for transporting the lawn tractor
30 to its authorized service and repair facility. All costs of
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1 transporting the lawn tractor when the purchaser is unable to
2 effect return due to nonconformity shall be at the
3 manufacturer's expense.
4 Section 5. Manufacturer's duty for refund or replacement.
5 If the manufacturer fails to repair or correct a
6 nonconformity after a reasonable number of attempts, the
7 manufacturer shall, at the option of the purchaser, replace the
8 lawn tractor with a comparable lawn tractor of equal value or
9 accept return of the lawn tractor from the purchaser and refund
10 to the purchaser the full purchase price or lease price,
11 including all collateral charges, less a reasonable allowance
12 for the purchaser's use not exceeding 10¢ per mile driven or 10%
13 of the purchase price or lease price of the lawn tractor,
14 whichever is less. Refunds shall be made to the purchaser and
15 lienholder, if any, as their interests may appear. A reasonable
16 allowance for use shall be that amount directly attributable to
17 use by the purchaser prior to his first report of the
18 nonconformity to the manufacturer. In the event the consumer
19 elects a refund, payment shall be made within 30 days of such
20 election. A consumer shall not be entitled to a refund or
21 replacement if the nonconformity does not substantially impair
22 the use, value or safety of the lawn tractor or the
23 nonconformity is the result of abuse, neglect or modification or
24 alteration of the lawn tractor by the purchaser.
25 Section 6. Presumption of a reasonable number of attempts.
26 It shall be presumed that a reasonable number of attempts
27 have been undertaken to repair or correct a nonconformity if:
28 (1) the same nonconformity has been subject to repair
29 three times by the manufacturer, its agents or authorized
30 dealers and the nonconformity still exists; or
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1 (2) the lawn tractor is out of service by reason of any
2 nonconformity for a cumulative total of 30 or more calendar
3 days.
4 Section 7. Itemized statement required.
5 The manufacturer or dealer shall provide to the purchaser
6 each time the purchaser's lawn tractor is returned from being
7 serviced or repaired a fully itemized statement indicating all
8 work performed, including parts and labor. It shall be the duty
9 of a dealer to notify the manufacturer of the existence of a
10 nonconformity within seven days of the delivery by a purchaser
11 subject to a nonconformity when it is delivered to the same
12 dealer for the second time for repair of the same nonconformity.
13 The notification shall be certified mail, return receipt
14 requested.
15 Section 8. Civil cause of action.
16 Any purchaser of a new lawn tractor who suffers any loss due
17 to nonconformity of the lawn tractor as a result of the
18 manufacturer's failure to comply with this act may bring a civil
19 action in a court of common pleas and, in addition to other
20 relief, shall be entitled to recover reasonable attorney fees
21 and all court costs.
22 Section 9. Informal dispute settlement procedure.
23 If the manufacturer has established an informal dispute
24 settlement procedure which complies with the provisions of 16
25 CFR Pt. 703 (relating to informal dispute settlement
26 procedures), as from time to time amended, the provisions of
27 section 8 (relating to civil cause of action) shall not apply to
28 any purchaser who has not first resorted to such procedure as it
29 relates to a remedy for defects or conditions affecting the
30 substantial use, value or safety of the lawn tractor. The
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1 informal dispute settlement procedure shall not be binding on
2 the purchaser and, in lieu of such settlement, the purchaser may
3 pursue a remedy under section 8.
4 Section 10. Resale of returned lawn tractor.
5 (a) Lawn tractors may not be resold, transferred or leased
6 at retail or wholesale.--If a lawn tractor has been repurchased
7 under the provisions of this act or a similar statute of another
8 state, it may not be resold, transferred or leased in this State
9 unless:
10 (1) The manufacturer provides the same express warranty
11 it provided to the original purchaser, except that the term
12 of the warranty need only last for 12,000 miles or 12 months
13 after the date of resale, transfer or lease, whichever is
14 earlier.
15 (2) The manufacturer provides the purchaser, lessee or
16 transferee with a written statement on a separate piece of
17 paper, in substantially the following form:
18 Important: this lawn tractor was repurchased by the
19 manufacturer because it did not conform to the
20 manufacturer's express warranty and the nonconformity was
21 not cured within a reasonable time as provided by
22 Pennsylvania law.
23 (3) The lawn tractor dealer, lessor or transferor
24 clearly and conspicuously discloses the manufacturer's
25 written notification prior to the resale or lease of the
26 repurchased lawn tractor.
27 (4) The lawn tractor dealer, lessor or transferor
28 obtains a signed receipt certifying in a conspicuous and
29 understandable manner that the written statement required
30 under this subsection has been provided. Access to the
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1 receipt shall be maintained for four years. The Attorney
2 General shall approve the form and content of the disclosure
3 statement supplied by the manufacturer.
4 (b) Returned lawn tractors not to be resold.--
5 Notwithstanding the provisions of subsection (a), if a new lawn
6 tractor has been returned under the provisions of this act or a
7 similar statute of another state because of a nonconformity
8 resulting in a complete failure of the breaking or steering
9 system of the lawn tractor likely to cause death or serious
10 bodily injury if the lawn tractor was driven, the lawn tractor
11 may not be resold in this Commonwealth.
12 (c) Agreement waiving, limiting or disclaiming rights.--Any
13 agreement entered into by a purchaser that waives, limits or
14 disclaims the rights set forth in this act is void as contrary
15 to public policy. Where applicable, the rights set forth in this
16 act shall extend to a subsequent purchaser, lessee or transferee
17 of the lawn tractor.
18 (d) Penalty.--This section shall apply to the resold,
19 transferred or leased lawn tractor for the full term of the
20 warranty required under this section. Failure of the
21 manufacturer, dealer, lessor or transferor to notify its
22 immediate purchaser of the requirements of this section subjects
23 the manufacturer, dealer, lessor or transferor to pay to the
24 Commonwealth a civil penalty of $2,000 per violation and, at the
25 option of the purchaser, to replace the lawn tractor with a
26 comparable lawn tractor of equal value or accept return of the
27 lawn tractor from the purchaser and refund to the purchaser the
28 full purchase price, including all collateral charges, less a
29 reasonable allowance for the purchaser's use not exceeding 10¢
30 per mile driven or 10% of the purchase price of the lawn
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1 tractor, whichever is less.
2 Section 11. Application of unfair trade act.
3 A violation of this act shall also be a violation of the act
4 of December 17, 1968 (P.L.1224, No.387), known as the Unfair
5 Trade Practices and Consumer Protection Law.
6 Section 12. Rights preserved.
7 Nothing in this act shall limit the purchaser from pursuing
8 any other rights or remedies under any other law, contract or
9 warranty.
10 Section 20. Nonwaiver of act.
11 The provisions of this act may not be waived.
12 Section 21. Applicability.
13 This act shall apply to lawn tractors purchased on or after
14 the effective date of this act.
15 Section 22. Effective date.
16 This act shall take effect in 60 days.
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