GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

H                                                                                                                                                    1

HOUSE BILL 1295

 

 

 

 

Short Title:     New Motor Vehicles Warranties.

(Public)

Sponsors:

Representatives Harrison, Weiss, Martin, Luebke (Primary Sponsors);  Bordsen, Coleman, Fisher, Glazier, Insko, Jones, and Pierce.

Referred to:

Transportation.

April 19, 2005

A BILL TO BE ENTITLED

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. 20-351.1(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.dealer.  '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."

SECTION 3.  This act is effective when it becomes law and applies to any contracts entered into on or after that date.