Senate Bill No. 223
(By Senators Hunter, Ross, Minard, Rowe, Caldwell, Unger and
Snyder)
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[Introduced January 20, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §46A-6A-2 of the code of West Virginia,
1931, as amended, relating to consumer protection and new
motor vehicle warranties; and changing the definition of
passenger "motor vehicle" to include vehicles weighing over
eight thousand pounds.
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 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 or Class B 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.
NOTE: The purpose of this bill is to change the definition of
passenger "motor vehicle" to include vehicles weighing over eight
thousand pounds for consumer protection and new motor vehicle
warranties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.