H. B. 4612
(By Delegates Webster, Proudfoot, Hrutkay, Guthrie,
Long, Burdiss, Miley, Tabb, M. Poling, Hamilton and Staggers)
[Introduced February 18, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §46A-6A-2, §46A-6A-3 and §46A-6A-3a of
the Code of West Virginia, 1931, as amended, relating to new
motor vehicle warranties; making the provisions related to the
enforcement of new motor vehicle warranties applicable to
vehicles purchased in any state.
Be it enacted by the Legislature of West Virginia:
That §46A-6A-2, §46A-6A-3 and §46A-6A-3a
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 purchased in this state 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 any passenger automobile sold in
this state, including pickup trucks and vans subject to
registration as a Class A motor vehicle under the provisions of
article ten, chapter seventeen-a of this code, and any self-
propelled motor vehicle chassis of motor homes sold in this state
subject to registration as and Class A or Class B motor vehicle
under the provisions of article ten, chapter seventeen- a of this
code.
§46A-6A-3. Manufacturer's duty to repair or replace new motor
vehicles.
(a) If a new motor vehicle purchased in this state on or after
the first day of January, one thousand nine hundred eighty-four does not conform to all applicable express warranties and the
consumer reports the nonconformity to the manufacturer, its agent
or its authorized dealer during the term of the express warranties
or during the period of one year following the date of original
delivery of the new motor vehicle to a consumer, whichever is the
later date, the manufacturer, its agent or its authorized dealer
shall make the repairs necessary to conform the vehicle to the
express warranties, notwithstanding the fact that the repairs are
made after the expiration of the warranty term.
(b) If the manufacturer, its agents or its authorized dealer
are unable to conform the new motor vehicle to any applicable
express warranty by repairing or correcting any defect or condition
which substantially impairs the use or market value of the motor
vehicle to the consumer after a reasonable number of attempts, the
manufacturer shall, replace the new motor vehicle with a comparable
new motor vehicle which does conform to the warranties.
§46A-6A-3a. Dealer's duty to disclose repairs to consumer.
Beginning the first day of July, one thousand nine hundred
eighty-nine, all All authorized dealers of new motor vehicles
purchased in this state shall provide to any consumer a written
disclosure of any repairs to a new motor vehicle which repairs have
a retail value of five hundred dollars or more and were performed
after shipment from the manufacturer to the dealer, including
damage to the new motor vehicle while in transit.
This disclosure requirement does not apply to identical
replacement of stolen or damaged accessories or their components, tires or antennae.
For purposes of this section, a motor vehicle is not a new
motor vehicle when it has been previously titled or the motor
vehicle has been damaged in such a manner that, were the damage not
repaired, the value and usability of the motor vehicle would be
substantially impaired.
NOTE: The purpose of this bill is to add language to require
that warranty provisions for new motor vehicles are equally
applicable to motor vehicles purchased inside or outside the state.
Strike-throughs indicate language that would be stricken from the
present law, and underscoring indicates new language that would be
added.