H. B. 4580

         (By Delegates Nelson, Andes, Moore, T. Campbell, Canterbury, C. Miller, Ellington, Frazier, Ashley,

                        Staggers and Hall)

         [Introduced February 17, 2012; referred to the

         Committee on the Judiciary.]

A BILL to amend and reenact §46A-6A-2 of the Code of West Virginia, 1931, as amended, relating to adding all terrain vehicles to the definition of motor vehicle for purposes of the protections extended to purchasers of new vehicles.

Be it enacted by the Legislature of West Virginia:

    That §46A-6A-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 6A. CONSUMER PROTECTION--NEW MOTOR VEHICLE WARRANTIES.

§46A-6A-2. Definitions.

    When used in this article, the following words, terms and phrases shall have the meaning ascribed to them, except where the context indicates a different meaning:

    (1) "Consumer" means the purchaser, other than for purposes of resale, of a new motor vehicle used primarily for personal, family or household purposes, a person to whom the new motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to the motor vehicle and any other person entitled by the terms of the warranty to enforce the obligations of the warranty;

    (2) "Manufacturer" means a person engaged in the business of manufacturing, assembling or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least ten new motor vehicles;

    (3) "Manufacturer's express warranty" and "warranty" mean the written warranty of the manufacturer of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty; and

    (4) "Motor vehicle" means:

    (A) Any passenger automobile purchased in this state or registered and titled in this state, including any pickup truck or van registered as a Class A motor vehicle under the provisions of article ten, chapter seventeen-a of this code; and

    (B) Any self-propelled motor vehicle chassis of a motor home registered as a Class A or Class B motor vehicle under the provisions of article ten, chapter seventeen-a of this code; and

    (C) Any motor vehicle designed for off-highway use and designed to travel on not less than three low-pressure tires, having a seat or saddle designed to be straddled by the operator and handlebars for steering control and intended by the manufacturer to be used by a single operator or by an operator and no more than one passenger, commonly referred to as an all-terrain vehicle or ATV.

    NOTE: The purpose of this bill is to add all terrain vehicles to the definition of motor vehicle for purposes of the protections extended to purchasers of new vehicles.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.