COMMITTEE SUBSTITUTE
FOR
H. B. 2557
(By Delegates Webster, Guthrie, Tabb, M. Poling,
Hamilton and Staggers)
(Originating in the Committee on the Judiciary.)
(March 20, 2009)
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, all relating to
new motor vehicle warranties; 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; and continuing to make the
same provisions related to the enforcement of new motor
vehicle warranties applicable to new cars purchased in this
state, regardless of where they are titled.
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 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 purchased in this state or registered and titled in this
state, including any pickup trucks and vans subject to registration
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 homes sold in
this state subject to registration 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 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 within a period of one year following the date of
original delivery of the new motor vehicle to a consumer, whichever
is the later date 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 article 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.
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 that
have a retail value of $500 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.