Sponsored by:
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Requires motor vehicle dealers and repair facilities to prioritize repairs on vehicles that accommodate wheel chairs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning motor vehicle repairs and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act:
"Motorized wheelchair" shall have the same meaning as provided in section 1 of P.L.1995, c.233 (C.56:12-75).
"Motor vehicle dealer" means any business that engages in selling or leasing motor vehicles to consumers and in the diagnosis, service, maintenance, or repair of motor vehicles.
"Repair facility" means a person or business operating in the State that is not affiliated with a motor vehicle dealer, and is engaged in the diagnosis, service, maintenance, or repair of motor vehicles.
"Repair work" means maintenance of and modification and repairs to motor vehicles and the diagnostic work incident to those repairs that the motor vehicle dealer or repair facility estimates will take longer than one day to complete.
''Wheelchair lift'' means a passenger lift designed to raise or lower a person in a wheelchair into or out of a motor vehicle.
b. A motor vehicle dealer or repair facility shall make a good faith effort to prioritize repair work on motor vehicles that are equipped with a wheelchair lift or which are retrofitted to accommodate a wheelchair or motorized wheelchair over other repair work.
c. A motor vehicle dealer or repair facility that violates this section shall be subject to a civil penalty of $250 to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). This penalty shall not apply if the motor vehicle dealer or repair facility is required to order parts or equipment necessary to complete the repair work from a distributor or manufacturer and there is a delay in time while the order is processed and the dealer or facility is awaiting delivery.
2. This act shall take effect immediately.
STATEMENT
This bill requires motor vehicle dealers and repair facilities to make a good faith effort to prioritize repair work on motor vehicles equipped with a wheelchair lift or which are retrofitted to accommodate a wheelchair or motorized wheelchair. The bill defines repair work as maintenance of and modification and repairs to motor vehicles and the diagnostic work incident to those repairs that the motor vehicle dealer or repair facility estimates will take longer than one day to complete.
A motor vehicle dealer or repair facility that fails to make a good faith effort to prioritize motor vehicles equipped with a wheelchair lift or retrofitted to accommodate a wheelchair are to be subject to a $250 civil penalty. The penalty would not apply if there is a time delay because necessary parts or equipment have been ordered and the dealer or repair facility is awaiting delivery.