Bill Text: NJ A185 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides authorized emergency vehicles protection under lemon law.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2010-01-25 - Withdrawn from Consideration [A185 Detail]
Download: New_Jersey-2010-A185-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman GARY R. CHIUSANO
District 24 (Sussex, Hunterdon and Morris)
Assemblywoman ALISON LITTELL MCHOSE
District 24 (Sussex, Hunterdon and Morris)
SYNOPSIS
Provides authorized emergency vehicles protection under lemon law.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain new motor vehicle warranties and amending P.L.1988, c.123.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1988, c.123 (C.56:12-30) is amended to read as follows:
2. As used in this act:
"Consumer" means a buyer or lessee, other than for purposes of resale or sublease, of a motor vehicle; a person to whom a motor vehicle is transferred during the duration of a warranty applicable to the motor vehicle; or any other person entitled by the terms of the warranty to enforce the obligations of the warranty.
"Dealer" means a person who is actively engaged in the business of buying, selling or exchanging motor vehicles at retail and who has an established place of business.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, or his designee.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Lease agreement" means a contract or other written agreement in the form of a lease for the use of a motor vehicle by a person for a period of time exceeding 60 days, whether or not the lessee has the option to purchase or otherwise become the owner of the motor vehicle at the expiration of the lease.
"Lessee" means a person who leases a motor vehicle pursuant to a lease agreement.
"Lessor" means a person who holds title to a motor vehicle leased to a lessee under a lease agreement or who holds the lessor's rights under such an agreement.
"Lien" means a security interest in a motor vehicle.
"Lienholder" means a person with a security interest in a motor vehicle pursuant to a lien.
"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 10 new motor vehicles.
"Manufacturer's informal dispute settlement procedure" means an arbitration process or procedure by which the manufacturer attempts to resolve disputes with consumers regarding motor vehicle nonconformities and repairs that arise during the vehicle's warranty period.
"Manufacturer's warranty" or "warranty" means any warranty, whether express or implied 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 the warranty.
"Motor vehicle" means a passenger automobile , authorized emergency vehicle or motorcycle as defined in R.S.39:1-1 which is purchased or leased in the State of New Jersey or which is registered by the [Division of Motor Vehicles in the Department of Law and Public Safety] New Jersey Motor Vehicle Commission, except the living facilities of motor homes.
"Nonconformity" means a defect or condition which substantially impairs the use, value or safety of a motor vehicle.
"Reasonable allowance for vehicle use" means the mileage at the time the consumer first presents the motor vehicle to the dealer or manufacturer for correction of a nonconformity times the purchase price, or the lease price if applicable, of the vehicle, divided by one hundred thousand miles.
(cf: P.L.1993, c.21, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill extends the protections of the new vehicle "lemon law" to new authorized emergency vehicles purchased or leased in New Jersey. The definition of "authorized emergency vehicle" includes "vehicles of the fire department, police vehicles and such ambulances and other vehicles as are approved by the chief administrator when operated in response to an emergency call."
