GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-436
HOUSE BILL 1295
AN ACT to clarify the maximum weight of a motor vehicle that is subject to the new motor vehicles warranties act and to promote the expeditious settlement of claims when the consumer requests the manufacturer to repurchase the motor vehicle.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20-351.1(3) reads as rewritten:
"(3) 'Motor vehicle'
includes a motor vehicle as defined in G.S. 20-4.01 which that is
sold or leased in this State, but does not include 'house trailer' as defined
in G.S. 20-4.01 or any motor vehicle with a gross vehicle weight ofthat
weighs more than 10,000 pounds or more.pounds."
SECTION 2. G.S. 20-351.3(c) reads as rewritten:
"(c) Refunds shall be made
to the consumer, lessor lessor, and any lienholders as their
interests may appear. The refund to the consumer shall be reduced by a
reasonable allowance for the consumer's use of the vehicle. A reasonable
allowance for use is that amount directly attributable to use by the
consumer prior to his first report of the nonconformity to the manufacturer,
its agent, or its authorized dealer, and during any subsequent period when the
vehicle is not out of service because of repair. 'Reasonable allowance' is
presumed to be the cash price or the lease price, as the case may be, of the
vehicle multiplied by a fraction having as its denominator 100,000 miles and
its numerator the number of miles attributed to the consumer.is
calculated from the number of miles used by the consumer up to the date of the
third attempt to repair the same nonconformity which is the subject of the
claim, or the twentieth cumulative business day when the vehicle is out of
service by reason of repair of one or more nonconformities, whichever occurs
first. The number of miles used by the consumer is multiplied by the purchase
price of the vehicle or the lessor's actual lease price, and divided by
120,000."
SECTION 3. This act becomes effective October 1, 2005, and applies to contracts entered into on or after that date.
In the General Assembly read three times and ratified this the 23rd day of August, 2005.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 3:02 p.m. this 27th day of September, 2005