NJ – Gov Christie Signs Lemon Law for Tractors
On January 19, 2016 New Jersey Governor Christie signed into law A-1812 which extends the protections of the state’s vehicle lemon law to new motor vehicle farm tractors purchased or leased in New Jersey if nonconformity is reported by the consumer within a period of two years following the date of original delivery to the consumer, regardless of mileage.
The law also provides that under the “lemon law” protections, all repairs to farm tractors made after a period of one year following the date of original delivery to the consumer, regardless of mileage shall be recoverable as a cost in any action brought by a consumer against a manufacturer pursuant to that law.
Below is the bill history and text of the bill
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1/16/2014 Introduced, Referred to Assembly Agriculture and Natural Resources Committee 2/10/2014 Reported out of Assembly Committee, 2nd Reading 3/20/2014 Passed by the Assembly (77-0-0) 3/24/2014 Received in the Senate, Referred to Senate Economic Growth Committee 1/29/2015 Reported from Senate Committee, 2nd Reading 3/16/2015 Senate Amendment (30-0) (Cruz-Perez) 7/23/2015 Substituted for S2717 (1R) 7/23/2015 Passed by the Senate (34-0) 11/9/2015 Received in the Assembly, 2nd Reading on Concurrence 1/11/2016 Passed Assembly (Passed Both Houses) (74-0-0) 1/19/2016 Approved P.L.2015, c.271. Introduced – 4 pages Statement – AAN 2/10/14 – 1 pages Technical Review Of Prefiled Bill – 3 pages Statement – SEG 1/30/2015 – 1 pages Floor Statement – Senate 3/16/15 – 1 pages Reprint – – 5 pages Committee Voting: AAN 2/10/2014 – r/favorably – Yes {5} No {0} Not Voting {0} Abstains {0} – Roll Call SEG 1/29/2015 – r/favorably – Yes {5} No {0} Not Voting {0} Abstains {0} – Roll Call Session Voting: Asm. 3/20/2014 – 3RDG FINAL PASSAGE – Yes {77} No {0} Not Voting {3} Abstains {0} – Roll Call Sen. 3/16/2015 – 2ND READING – Yes {0} No {0} Not Voting {40} – Voice Vote Passed Sen. 3/16/2015 – AMEND – Yes {30} No {0} Not Voting {10} – Roll Call Sen. 7/23/2015 – SUBSTITUTE FOR S2717 – Yes {0} No {0} Not Voting {40} – Voice Vote Passed Sen. 7/23/2015 – 3RDG FINAL PASSAGE – Yes {34} No {0} Not Voting {6} – Roll Call Asm. 1/11/2016 – CONCUR IN SA – Yes {74} No {0} Not Voting {5} Abstains {0} – Roll Call |
ASSEMBLY, No. 1812 STATE OF NEW JERSEY 216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
SYNOPSIS
Extends protections of the new vehicle "lemon law" to new farm tractors purchased or leased in New Jersey.
CURRENT VERSION OF TEXT
As amended by the Senate on March 16, 2015.
AN ACT concerning 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:
"Co-manufacturer" means, solely with respect to an authorized emergency vehicle as defined in R.S.39:1-1, any person that fabricates the authorized emergency vehicle utilizing a component or components of a new motor vehicle made by a manufacturer, other than modifying an existing standard model of a vehicle manufactured by a manufacturer, which component or components are obtained by the co-manufacturer from the manufacturer to fabricate the vehicle for use as an authorized emergency vehicle prior to an initial retail sale or lease of the emergency vehicle.
"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.
"Informal dispute settlement procedure" means an arbitration process or procedure by which the manufacturer, or, in the case of an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, attempts to resolve disputes with consumers regarding motor vehicle nonconformities and repairs that arise during the vehicle's warranty period.
"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.
"Motor vehicle" means a passenger automobile, farm tractor, 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 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.
"Post-manufacturing modifier" means, solely with respect to an authorized emergency vehicle as defined in R.S.39:1-1, any person who modifies the configuration of an existing standard model of a motor vehicle purchased from a manufacturer to adapt the vehicle for use as an authorized emergency vehicle prior to an initial retail sale or lease of the vehicle.
"Reasonable allowance for vehicle use" means the mileage at the time the consumer first presents the motor vehicle to the dealer, distributor, manufacturer, co-manufacturer, or post-manufacturing modifier for correction of a nonconformity times the purchase price, or the lease price if applicable, of the vehicle, divided by one hundred thousand miles.
"Warranty" means any warranty, whether express or implied of the manufacturer of a new motor vehicle, or, in the case of a new motor vehicle that is an authorized emergency vehicle, of the manufacturer, co-manufacturer or post-manufacturing modifier, of the vehicle's condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under the warranty.
(cf: P.L.2009, c.324, s.2)
12. Section 3 of P.L.1988, c.123 (C.56:12-31) is amended to read as follows:
3. If a consumer reports a nonconformity in a motor vehicle to the manufacturer, or, in the case of a motor vehicle that is an authorized emergency vehicle, the manufacturer, co-manufacturer or post-manufacturing modifier, or its dealer or distributor, during the first 24,000 miles of operation or during the period of two years following the date of original delivery to the consumer, whichever is earlier, the manufacturer, co-manufacturer, or post-manufacturing modifier shall make, or arrange with its dealer or distributor to make, within a reasonable time, all repairs necessary to correct the nonconformity. Such repairs if made after the first 12,000 miles of operation or after the period of one year following the date of original delivery to the consumer, whichever is earlier, shall be paid for by the consumer, unless otherwise covered by a warranty of the manufacturer, co-manufacturer or post-manufacturing modifier, and shall be recoverable as a cost under section 14 of [this act] P.L.1988, c.123 (C.56:12-42). If a consumer reports a nonconformity in a motor vehicle that is a farm tractor to the manufacturer, or its dealer or distributor, during the period of two years following the date of original delivery to the consumer, the manufacturer shall make, or arrange with the dealer or distributor to make, within a reasonable time, all repairs necessary to correct the nonconformity, and such repairs if made after the period of one year following the date of original delivery to the consumer shall be paid for by the consumer, unless otherwise covered by a warranty of the manufacturer, and shall be recoverable as a cost under section 14 of P.L.1988, c.123 (C.56:12-42).1
(cf: P.L.2009, c.324, s.3)