Introduced Version House Bill 2557 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2557

(By Delegates Webster, Guthrie, Tabb, M. Poling,
Hamilton and Staggers)

[Introduced February 17, 2009; 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, all 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, all to read as follows:

§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 seventy-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 $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.

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.
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