2024 Pennsylvania Consolidated & Unconsolidated Statutes
Act 151 - AUTOMOBILE LEMON LAW - REPAIR OBLIGATIONS, MANUFACTURER'S DUTY FOR REFUND OR REPLACEMENT AND PRESUMPTION OF A REASONABLE NUMBER OF ATTEMPTS
Session of 2024
No. 2024-151
SB 155
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 replacement and for presumption of a reasonable number of attempts.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. 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 definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
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"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.
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"Motorcycle." As defined in 75 Pa.C.S. § 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. The term includes motorcycles and does not include [motorcycles,] motor homes [or], off-road vehicles or dual sport motorcycles driven off road.
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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
(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.
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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 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" 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 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:
Section 6. Presumption of a reasonable number of attempts.
(a) General rule.--It shall be presumed that a reasonable number of attempts have been undertaken to repair or correct a nonconformity if:
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(3) For a motorcycle, manufacturer-sourced parts have been used in the attempts to repair the nonconformity.
(b) Time period extension.--
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(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. 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 shall contain the signature of the purchaser and a representative of the manufacturer's authorized service and repair facility.
(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. 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.
Section 4. This act shall take effect in six months.
APPROVED--The 18th day of November, A.D. 2024.
JOSH SHAPIRO
