Enrolled Committee Substitute
House Bill 2557 History
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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2557
(By Delegates Webster, Guthrie, Tabb, M. Poling,
Hamilton and Staggers)
[Passed April 11, 2009; in effect ninety days from passage.]
AN ACT
to amend and reenact §46A-6A-2, §46A-6A-3 and §46A-6A-3a of
the Code of West Virginia, 1931, as amended, all relating to
repairing or replacing a new motor vehicle under a new motor
vehicle warranty; providing a definition of "motor vehicle";
making the provisions related to the enforcement of new motor
vehicle warranties applicable to vehicles registered and
titled in this state, regardless of where the vehicle was
purchased; setting forth the liability of an authorized dealer
as to new motor vehicle warranties; and disclosing to a
consumer in writing as to any repairs made by an authorized
dealer to a new motor vehicle.
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, all 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 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
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.
§46A-6A-3. Manufacturer's duty to repair or replace new motor
vehicles.
(a) If a new motor vehicle 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 within a period of one year
following the date of original delivery of the new motor vehicle to
a consumer, whichever is the longer period, 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.
(c) No authorized dealer shall be held liable by the
manufacturer for any refunds or vehicle replacements in the absence
of evidence indicating that the dealership repairs have been
carried out in a manner substantially inconsistent with the
manufacturer's instruction. This section does not create any cause
of action by a consumer against an authorized dealer.
§46A-6A-3a. Dealer's duty to disclose repairs to consumer.
All authorized dealers of new motor vehicles shall provide to
any consumer a written disclosure of any repairs to a new motor
vehicle that have a retail value of five percent of the
manufacturer's suggested retail price 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.
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