HB 74 — 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 manufacturer's duty for refund or replacement and for presumption of a reasonable number of attempts.

PRIOR PRINTER'S NO.

69 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

2808 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

BROWN, DiGIROLAMO, GERGELY, SAMUELSON, BULLOCK, KAUFFMAN, McNEILL, ROZZI, MACKENZIE, DUNBAR, DRISCOLL, KINSEY, CALTAGIRONE, MATZIE, EVERETT, WARD, O'NEILL, D.

HARRIS, MOUL, SCHLOSSBERG, BIZZARRO, STAATS, LONGIETTI, PETRARCA, McCARTER, GILLEN, BARRAR, CARROLL, B.

MILLER, FREEMAN,FREEMAN STURLA,AND KORTZ,STURLA,ARTER, DAVIDSON,JANUARY PHILLIPS-HILL,23, DAY,2017 BRIGGS,REFERRED DAVIS,TO M.COMMITTEE ON CONSUMER AFFAIRS, JANUARY 23, 2017 AN ACT Amending the act of March 28, 1984 (P.L.150, No.28), entitled, as amended, "An act relating to the rights of purchasers and lessees of defective new motor vehicles," further providing for the definition of "new motor vehicle." The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

K.

KELLER, CORBIN, DUSH, SONNEY, GREINER, SANTORA, CRUZ, MARSHALL, WHITE, DOWLING, KIM AND METCALFE, JANUARY 23, 2017 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, DECEMBER 11, 2017 AN ACT Amending the act of March 28, 1984 (P.L.150, No.28), entitled, lessees of defective new motor vehicles," further providingd for the definition of "new motor vehicle." FOR DEFINITIONS, <-- FOR MANUFACTURER'S DUTY FOR REFUND OR REPLACEMENT AND FOR PRESUMPTION OF A REASONABLE NUMBER OF ATTEMPTS.

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 to read:

* * * "MOTORCYCLE.""New ASmotor DEFINEDvehicle." INAny 75new PA.C.S.and unused self-propelled, motorized conveyance driven upon public roads, streets or highways which is designed to transport not more than 15 persons, which was purchased or leased and is registered in the Commonwealth or purchased or leased elsewhere and registered for the first time in the Commonwealth and is used, leased or bought for use primarily for personal, family or household purposes, including a vehicle used by a manufacturer or dealer as a demonstrator or dealer car prior to its sale.

§ 102 (RELATING TO <-- DEFINITIONS).

"New motor vehicle." Any new and unused self-propelled, motorized conveyance driven upon public roads, streets or highways which is designed to transport not more than 15 persons, which was purchased or leased and is registered in the Commonwealth or purchased or leased elsewhere and registered for the first time in the Commonwealth and is used, leased or bought for use primarily for personal, family or household purposes, including a vehicle used by a manufacturer or dealer as a demonstrator or dealer car prior to its sale.

* * * SECTIONSection 1.1.2.

SECTION 5 OF THE ACT IS AMENDED TO READ:

<-- SECTION 5.

MANUFACTURER'S DUTY FOR REFUND OR REPLACEMENT.

IF THE MANUFACTURER FAILS TO REPAIR OR CORRECT A NONCONFORMITY AFTER A REASONABLE NUMBER OF ATTEMPTS, THE MANUFACTURER SHALL, AT THE OPTION OF THE PURCHASER, REPLACE THE MOTOR VEHICLE WITH A COMPARABLE MOTOR VEHICLE OF EQUAL VALUE OR ACCEPT RETURN OF THE VEHICLE FROM THE PURCHASER AND REFUND TO THE PURCHASER THE FULL PURCHASE PRICE OR LEASE PRICE, INCLUDING ALL COLLATERAL CHARGES, LESS A REASONABLE ALLOWANCE FOR THE PURCHASER'S USE OF THE VEHICLE NOT EXCEEDING 10¢ PER MILE DRIVEN OR 10% OF THE PURCHASE PRICE OR LEASE PRICE OF THE VEHICLE, WHICHEVER IS LESS.

REFUNDS SHALL BE MADE TO THE PURCHASER AND LIENHOLDER, IF ANY, AS THEIR INTERESTS MAY APPEAR.

A REASONABLE ALLOWANCE FOR USE SHALL BE THAT AMOUNT DIRECTLY ATTRIBUTABLE TO USE BY THE PURCHASER PRIOR TO HIS FIRST REPORT OF THE 20170HB0074PN2808 - 2 - NONCONFORMITY TO THE MANUFACTURER.

IN THE EVENT THE CONSUMER ELECTS A REFUND, PAYMENT SHALL BE MADE WITHIN 30 DAYS OF SUCH ELECTION.

A CONSUMER SHALL NOT BE ENTITLED TO A REFUND OR 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 DELIVERY OF THE MOTORCYCLE TO THE PURCHASER.

SECTION 1.2.

SECTION 6(B) OF THE ACT IS AMENDED BY ADDING A PARAGRAPH AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

SECTION 6.

PRESUMPTION OF A REASONABLE NUMBER OF ATTEMPTS.

* * * (B) TIME PERIOD EXTENSION.-- * * * (4) THE MINIMUM NUMBER OF CALENDAR DAYS PROVIDED FOR 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.

THIS PARAGRAPH SHALL APPLY IF THE PURCHASER WAIVES THE MINIMUM CALENDAR DAY PERIOD IN WRITING OR ENTERS INTO A CONTRACT FOR STORAGE OF THE MOTORCYCLE.

A WAIVER UNDER THIS PARAGRAPH MUST CONTAIN THE SIGNATURE OF THE PURCHASER AND A REPRESENTATIVE OF THE MANUFACTURER'S AUTHORIZED SERVICE AND REPAIR FACILITY.

20170HB0074PN2808 - 3 - (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 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.

Section 2.

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