SB 792 — An Act amending the act of March 28, 1984 (P.L.150, No.28), known as the Automobile Lemon Law, further providing for definitions, for repair obligations, for manufacturer's duty for refund or replacement and for presumption of a reasonable number of attempts.

PRIOR PRINTER'S NO.

1093 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

2074 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

WARD, COSTA, COLLETTCOLLETT, MUTH AND MUTH,BREWSTER, JULY 8, 2019 REFERREDSENATOR TOTOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JULYAS 8,AMENDED, 2019OCTOBER 6, 2020 AN ACT Amending the act of March 28, 1984 (P.L.150, No.28), entitled "An act relating to the rights of purchasers and lessees of defective new motor vehicles," further providing for definitions, FOR REPAIR OBLIGATIONS, for manufacturer's duty <-- for refund or attempts.ntreplacement and for presumption of a reasonable number of Theattempts. General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

The definition of "new motor vehicle" in section 2 of the act of March 28, 1984 (P.L.150, No.28), known as the Automobile Lemon Law, is amended and the section is amended by adding a definition DEFINITIONS to read:

<-- Section 2.

* * * "DUAL SPORT MOTORCYCLE." A MOTORCYCLE THAT IS DESIGNED TO BE <-- RIDDEN ON AND OFF ROAD THAT MAY OR MAY NOT BE REGISTERED WITH THE DEPARTMENT.

The term includes motorcycles and does not include [motorcycles,] motor homes or[or], off-road vehicles.vehicles OR DUAL SPORT MOTORCYCLES DRIVEN OFF- <-- ROAD.

Section<-- 5.SECTION 2.

SECTIONS 4(A) AND 5 OF THE ACT ARE AMENDED TO <-- READ:

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:

(1) IN THE CASE OF A MOTORCYCLE, MAY OCCUR WITHIN A PERIOD OF ONE YEAR FOLLOWING THE ACTUAL DELIVERY OF THE MOTORCYCLE TO THE PURCHASER OR DURING THE TERM OF THE WARRANTY, WHICHEVER MAY OCCUR FIRST;

OR 20190SB0792PN2074 - 2 - (2) IN THE CASE OF ANY OTHER NEW MOTOR VEHICLE, 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.

* * * Section 5.

A consumer shall not be entitled to a refund or 20190SB0792PN1093 - 2 - 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.

For purposes of this section, the phrase "modification or alteration by the purchaser" shall include, in relation to a motorcycle, a modification or alteration made after the date of actual 20190SB0792PN2074 - 3 - delivery of the motorcycle to the purchaser.

Section 6(b) of the act is amended by adding a <-- paragraph and the section is amended by adding a subsection to read:

SectionSECTION 6.3.

SECTION 6(A) AND (B) OF THE ACT ARE AMENDED BY <-- ADDING PARAGRAPHS AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

9 Section 6.

* * * (b)<-- Time(A) periodGENERAL extension.--RULE.--IT *SHALL *BE *PRESUMED (4)THAT TheA minimumREASONABLE number<-- ofNUMBER calendarOF daysATTEMPTS providedHAVE underBEEN subsectionUNDERTAKEN (a)(2)TO shallREPAIR notOR applyCORRECT toA theNONCONFORMITY periodIF: during which a motorcycle is being stored at a manufacturer's authorized service and repair facility, either as a courtesy to the purchaser or for compensation, even if repairs to correct a nonconformity are made during the storage period.

* * * (3) FOR A MOTORCYCLE, MANUFACTURER-SOURCED PARTS HAVE BEEN USED IN THE ATTEMPTS TO REPAIR THE NONCONFORMITY.

(b) Time period extension.-- * * * (4) The minimum number of calendar days provided under subsection (a)(2) shall not apply to the period during which a motorcycle is being stored at a manufacturer's authorized service and repair facility, either as a courtesy to the purchaser or for compensation, even if repairs to correct a nonconformity are made during the storage period.

20190SB0792PN2074 - 4 - (c) Applicability.--Subsections (a) and (b) shall only apply to a motorcycle if all attempts to correct a nonconformity are made by the same manufacturer's authorized service and repair 20190SB0792PN1093 - 3 - facility or if the purchaser provides a complete set of repair records, related to the nonconformity, to a manufacturer's authorized service and repair facility that has not previously attempted to repair the nonconformity.

THE MANUFACTURER'S <-- AUTHORIZED SERVICE AND REPAIR FACILITY THAT PERFORMED THE REPAIRS SHALL PROVIDE AN AFFIDAVIT THAT THE NONCONFORMITY HAS BEEN SUBJECT TO REPAIR THREE TIMES.

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