Bill Text: PA HB166 | 2013-2014 | Regular Session | Introduced
Bill Title: Relating to the rights of purchasers and lessees of defective recreational vehicles.
Spectrum: Moderate Partisan Bill (Democrat 18-5)
Status: (Introduced - Dead) 2013-01-22 - Referred to CONSUMER AFFAIRS [HB166 Detail]
Download: Pennsylvania-2013-HB166-Introduced.html
| PRINTER'S NO. 174 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 166 | Session of 2013 |
INTRODUCED BY HARHAI, LONGIETTI, KORTZ, FABRIZIO, KOTIK, MILLARD, HESS, MULLERY, YOUNGBLOOD, COHEN, READSHAW, KULA, HALUSKA, W. KELLER, WHITE, BOBACK, V. BROWN, MAHONEY, MURT, MACKENZIE AND GOODMAN, JANUARY 22, 2013
REFERRED TO COMMITEE ON CONSUMER AFFAIRS, JANUARY 22, 2013
AN ACT
1Relating to the rights of purchasers and lessees of defective
2recreational vehicles.
3TABLE OF CONTENTS
4Section 1. Short title.
5Section 2. Definitions.
6Section 3. Disclosure.
7Section 4. Repair obligations.
8Section 5. Manufacturer's duty for refund or replacement.
9Section 6. Presumption of reasonable number of attempts.
10Section 7. Itemized statement required.
11Section 8. Civil cause of action.
12Section 9. Informal dispute settlement procedure.
13Section 10. Resale of returned recreational vehicle.
14Section 11. Application of unfair trade act.
15Section 12. Construction.
16Section 13. Nonwaiver of act.
17Section 14. Applicability.
1Section 15. Effective date.
2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:
4Section 1. Short title.
5This act shall be known and may be cited as the Recreational
6Vehicle Lemon Law.
7Section 2. Definitions.
8The following words and phrases when used in this act shall
9have the meanings given to them in this section unless the
10context clearly indicates otherwise:
11"Dealer." A person in the business of buying, selling,
12leasing or exchanging recreational vehicles.
13"Department." The Department of Transportation of the
14Commonwealth.
15"Manufacturer." Any person engaged in the business of
16constructing or assembling new and unused recreational vehicles
17or engaged in the business of importing new and unused
18recreational vehicles into the United States for the purpose of
19selling or distributing new and unused recreational vehicles to
20dealers in this Commonwealth.
21"Manufacturer's express warranty" or "warranty." The written
22warranty of the manufacturer of a new recreational vehicle of
23its condition and fitness for use, including any terms or
24conditions precedent to the enforcement of obligations under the
25warranty.
26"New recreational vehicle." Any new and unused recreational
27vehicle driven upon public roads, streets or highways, which was
28purchased or leased and is registered in this Commonwealth or
29purchased or leased elsewhere and registered for the first time
30in this Commonwealth and is used, leased or bought for use
1exclusively for personal, family or household purposes,
2including a vehicle used by a manufacturer or dealer as a
3demonstrator or dealer recreational vehicle prior to its sale.
4"Nonconformity." A defect or condition which substantially
5impairs the use, value or safety of a new recreational vehicle
6and does not conform to the manufacturer's express warranty.
7"Purchaser." A person, or a successor or assign of the
8person, who obtains possession or ownership of a new
9recreational vehicle by lease, transfer or purchase or who
10enters into an agreement or contract for the lease or purchase
11of a new recreational vehicle which is used, leased or bought
12for use exclusively for personal, family or household purposes.
13"Recreational vehicle." A motor home, pickup truck with
14attached camper or bus when used exclusively for personal
15pleasure by individuals.
16Section 3. Disclosure.
17(a) Duty of Attorney General.--The Attorney General shall
18prepare and publish in the Pennsylvania Bulletin a statement
19which explains a purchaser's rights under this act.
20(b) Duty of manufacturers.--A manufacturer shall provide to
21each purchaser at the time of original purchase of a new
22recreational vehicle a written statement containing a copy of
23the Attorney General's statement and a listing of zone offices,
24with addresses and telephone numbers, that the purchaser may
25contact regarding the remedies provided for in this act.
26Section 4. Repair obligations.
27(a) Repairs required.--The manufacturer of a new
28recreational vehicle sold or leased and registered in this
29Commonwealth shall repair or correct, at no cost to the
30purchaser, a nonconformity which substantially impairs the use,
1value or safety of the recreational vehicle which may occur
2within a period of one year following the actual delivery of the
3recreational vehicle to the purchaser, within the first 12,000
4miles of use or during the term of the warranty, whichever may
5first occur.
6(b) Delivery of recreational vehicle.--
7(1) A purchaser shall deliver a nonconforming
8recreational vehicle to the manufacturer's authorized service
9and repair facility within this Commonwealth unless, due to
10reasons of size and weight or method of attachment or method
11of installation or nature of the nonconformity, delivery
12cannot reasonably be accomplished.
13(2) (i) Should the purchaser be unable to effect return
14of the nonconforming recreational vehicle, the purchaser
15shall notify the manufacturer or its authorized service
16and repair facility.
17(ii) Written notice of nonconformity to the
18manufacturer or its authorized service and repair
19facility shall constitute return of the recreational
20vehicle when the purchaser is unable to return the
21recreational vehicle due to the nonconformity.
22(3) Upon receipt of notice of nonconformity, the
23manufacturer shall, at its option, service or repair the
24recreational vehicle at the location of nonconformity or pick
25up the recreational vehicle for service and repair or arrange
26for transporting the recreational vehicle to its authorized
27service and repair facility.
28(4) All costs of transporting the recreational vehicle
29when the purchaser is unable to effect return, due to
30nonconformity, shall be at the manufacturer's expense.
1Section 5. Manufacturer's duty for refund or replacement.
2(a) General rule.--If a manufacturer fails to repair or
3correct a nonconformity after a reasonable number of attempts,
4the manufacturer shall, at the option of the purchaser, replace
5the recreational vehicle with a comparable recreational vehicle
6of equal value or accept return of the recreational vehicle from
7the purchaser and refund to the purchaser the full purchase
8price or lease price, including all collateral charges, less a
9reasonable allowance for the purchaser's use of the recreational
10vehicle not exceeding 10¢ per mile driven or 10% of the purchase
11price or lease price of the recreational vehicle, whichever is
12less. Refunds shall be made to the purchaser and lienholder, if
13any, as their interests may appear. A reasonable allowance for
14use shall be that amount directly attributable to use by the
15purchaser prior to the first report of the nonconformity to the
16manufacturer.
17(b) Time for making refund.--In the event the consumer
18elects a refund, payment shall be made within 30 days of such
19election.
20(c) Conditions precluding refund.--A consumer shall not be
21entitled to a refund or replacement if the nonconformity does
22not substantially impair the use, value or safety of the
23recreational vehicle or the nonconformity is the result of
24abuse, neglect or modification or alteration of the recreational
25vehicle by the purchaser.
26Section 6. Presumption of reasonable number of attempts.
27It shall be presumed that a reasonable number of attempts
28have been undertaken to repair or correct a nonconformity if:
29(1) the same nonconformity has been subject to repair
30three times by the manufacturer, its agents or authorized
1dealers and the nonconformity still exists; or
2(2) the recreational vehicle is out of service by reason
3of any nonconformity for a cumulative total of 30 or more
4calendar days.
5Section 7. Itemized statement required.
6(a) General rule.--A manufacturer or dealer shall provide to
7the purchaser each time the purchaser's recreational vehicle is
8returned from being serviced or repaired a fully itemized
9statement indicating all work performed on the recreational
10vehicle, including, but not limited to, parts and labor.
11(b) Dealer duty to notify manufacturer.--A dealer shall
12notify the manufacturer of the existence of a nonconformity
13within seven days of the delivery by a purchaser of a
14recreational vehicle subject to a nonconformity when it is
15delivered to the same dealer for the second time for repair of
16the same nonconformity. The notification shall be by certified
17mail, return receipt requested.
18Section 8. Civil cause of action.
19The purchaser of a new recreational vehicle who suffers any
20loss due to nonconformity of the new recreational vehicle as a
21result of the manufacturer's failure to comply with this act may
22bring a civil action in a court of common pleas and, in addition
23to other relief, shall be entitled to recover reasonable
24attorney fees and all court costs.
25Section 9. Informal dispute settlement procedure.
26If the manufacturer has established an informal dispute
27settlement procedure which complies with 16 CFR Pt. 703
28(relating to informal dispute settlement procedures), section 8
29shall not apply to any purchaser who has not first resorted to
30such procedure as it relates to a remedy for defects or
1conditions affecting the substantial use, value or safety of the
2recreational vehicle. The informal dispute settlement procedure
3shall not be binding on the purchaser, and, in lieu of such
4settlement, the purchaser may pursue a remedy under section 8.
5Section 10. Resale of returned recreational vehicle.
6(a) Prohibition.--If a recreational vehicle has been
7repurchased under this act or a similar statute of another
8state, it may not be resold, transferred or leased in this
9Commonwealth unless:
10(1) The manufacturer provides the same express warranty
11it provided to the original purchaser, except that the term
12of the warranty need only last for 12,000 miles or 12 months
13after the date of resale, transfer or lease, whichever is
14earlier.
15(2) The manufacturer provides the purchaser, lessee or
16transferee with a written statement on a separate piece of
17paper, in ten-point all capital type, in substantially the
18following form:
19IMPORTANT: THIS RECREATIONAL VEHICLE WAS REPURCHASED BY
20THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE
21MANUFACTURER'S EXPRESS WARRANTY, AND THE NONCONFORMITY
22WAS NOT CURED WITHIN A REASONABLE TIME AS PROVIDED BY
23PENNSYLVANIA LAW.
24(3) The dealer, lessor or transferor clearly and
25conspicuously discloses the manufacturer's written
26notification prior to the resale or lease of the repurchased
27recreational vehicle.
28(4) The dealer, lessor or transferor obtains a signed
29receipt certifying in a conspicuous and understandable manner
30that the written statement required under this subsection has
1been provided. Access to the receipt shall be maintained for
2four years. The Attorney General shall approve the form and
3content of the disclosure statement supplied by the
4manufacturer.
5(5) The manufacturer, dealer, lessor or transferor
6applies for and receives the designation of a branded title
7from the department.
8(6) The department updates its records and issues a
9title with a designation indicating that the recreational
10vehicle was repurchased under this act. The department shall
11forward to subsequent purchasers or lienholders, in
12accordance with 75 Pa.C.S. §§ 1107 (relating to delivery of
13certificate of title) and 1132.1 (relating to perfection of a
14security interest in a vehicle), a certificate of title which
15indicates that the recreational vehicle was branded under
16this act. The department shall determine the exact form and
17content of the title brand.
18(b) Applicability and penalty.--
19(1) This section applies to the resold, transferred or
20leased recreational vehicle for the full term of the warranty
21required under this subsection.
22(2) Failure of the manufacturer, dealer, lessor or
23transferor to notify its immediate purchaser of the
24requirements of this section subjects the manufacturer,
25dealer, lessor or transferor to pay to the Commonwealth a
26civil penalty of $2,000 per violation and, at the option of
27the purchaser, to replace the recreational vehicle with a
28comparable recreational vehicle of equal value or accept
29return of the recreational vehicle from the purchaser and
30refund to the purchaser the full purchase price, including
1all collateral charges, less a reasonable allowance for the
2purchaser's use of the recreational vehicle not exceeding 10¢
3per mile driven or 10% of the purchase price of the
4recreational vehicle, whichever is less.
5(c) Returned recreational vehicles not to be resold.--
6Notwithstanding the provisions of subsection (a), if a new
7recreational vehicle has been returned under this act or a
8similar statute of another state because of a nonconformity
9resulting in a complete failure of the braking or steering
10system of the new recreational vehicle likely to cause death or
11serious bodily injury if the new recreational vehicle was
12driven, the new recreational vehicle may not be resold in this
13Commonwealth.
14(d) Agreement waiving, limiting or disclaiming rights.--An
15agreement entered into by a purchaser that waives, limits or
16disclaims the rights stated in this act is void as contrary to
17public policy. Where applicable, the rights stated in this act
18shall extend to a subsequent purchaser, lessee or transferee of
19the recreational vehicle.
20Section 11. Application of unfair trade act.
21A violation of this act is a violation of the act of December
2217, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices
23and Consumer Protection Law.
24Section 12. Construction.
25Nothing in this act shall be construed to limit the purchaser
26from pursuing any other rights or remedies under any other law,
27contract or warranty.
28Section 13. Nonwaiver of act.
29The provisions of this act may not be waived.
30Section 14. Applicability.
1This act shall apply to new recreational vehicles purchased
2after the effective date of this section.
3Section 15. Effective date.
4This act shall take effect in 60 days.
