Bill Text: NJ A4246 | 2014-2015 | Regular Session | Introduced

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Bill Title: Prohibits purchaser of used motor vehicle from waiving dealer's obligation regarding emissions control equipment.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2015-03-26 - Substituted by S394 (1R) [A4246 Detail]

Download: New_Jersey-2014-A4246-Introduced.html

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ASSEMBLY, No. 4246

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED FEBRUARY 24, 2015

 

 

Sponsored by:

Assemblywoman  ANGELICA M. JIMENEZ

District 32 (Bergen and Hudson)

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

 

 

 

 

SYNOPSIS

     Prohibits purchaser of used motor vehicle from waiving dealer's obligation regarding emissions control equipment.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning the sale of certain used vehicles and amending P.L.1971, c.76.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 4 of P.L.1971, c.76 (C.39:10-29) is amended to read as follows:

     4.    Any agreement of retail sale may contain a provision whereby the purchaser waives the dealer's obligation under section 2 of [this act] P.L.1971, c.76 (C.39:10-26 et seq.); provided, however, [any such] a waiver [must] shall be separately stated in the agreement of retail sale and separately signed by the purchaser , and further provided that a waiver shall not apply to the retail sale of a motor vehicle to the extent that the defect in the motor vehicle that would prevent the issuance of a certificate of approval for the motor vehicle pursuant to R.S.39:8-2 or R.S.39:8-3 is a defect in the emissions control apparatus or related items in the motor vehicle.  The signing of [such] a waiver by the purchaser shall also serve to eliminate any criminal responsibility placed upon any motor vehicle dealer by [this act] P.L.1971, c.76 (C.39:10-26 et seq.).

(cf: P.L.1971, c.76, s.4)

 

     2.    This act shall take effect on the first day of the third month following enactment.

 

 

STATEMENT

 

     Under current law, motor vehicle dealers who sell used passenger motor vehicles to consumers are required to make any repairs necessary to correct a defect which would cause a vehicle to fail inspection, unless the purchaser signs a waiver releasing the dealer from that obligation.

     This bill prohibits a waiver if the defect which would prevent the issuance of a certificate of approval upon inspection is a defect in the emission control apparatus or related items in the motor vehicle.