Bill Text: NJ S1712 | 2018-2019 | Regular Session | Chaptered
Bill Title: Requires consumer notification of vehicle warranty for aftermarket and recycled parts.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2020-01-09 - Approved P.L.2019, c.280. [S1712 Detail]
Download: New_Jersey-2018-S1712-Chaptered.html
§2 - C.56:12-34.1
An Act concerning motor vehicle warranties and amending and supplementing P.L.1988, c.123.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1988, c.123 (C.56:12-34) is amended to read as follows:
6. a. At the time of purchase in the State of New Jersey, the manufacturer, or, in the case of an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, through its dealer or distributor, or at the time of lease in the State of New Jersey, the lessor, shall provide directly to the consumer a written statement prescribed by the director, presented in a conspicuous and understandable manner on a separate piece of paper and printed in both the English and Spanish languages, which provides information concerning a consumer's rights and remedies under P.L.1988, c.123 (C.56:12-29 et seq.), and shall include, but not be limited to, a summary of the provisions of:
(1) section 3 of P.L.1988, c.123 (C.56:12-31), concerning the miles of operation of a motor vehicle and time period within which the consumer may report a nonconformity and seek remedies;
(2) sections 4 and 5 of P.L.1988, c.123 (C.56:12-32 and 56:12-33), concerning a manufacturer's, co-manufacturer's, or post-manufacturing modifier's obligations to a consumer based upon the manufacturer's, co-manufacturer's, or post-manufacturing modifier's, or its dealer's or distributor's, inability to repair or correct a nonconformity; [and] 1and1
(3) any other provisions of P.L.1988, c.123 (C.56:12-29 et seq.) the director deems appropriate1[; and
(4) if appropriate, the federal "Magnuson-Moss Warranty Act," 15 U.S.C. s.2301 et seq., as it relates to aftermarket and recycled parts, pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill)]1.
b. Each time a consumer's motor vehicle is returned from being examined or repaired during the period specified in section 3 of P.L.1988, c.123 (C.56:12-31), the manufacturer, or, in the case of an authorized emergency vehicle, the manufacturer, co-manufacturer, or post-manufacturing modifier, through its dealer or distributor, shall provide to the consumer an itemized, legible statement of repair which indicates any diagnosis made and all work performed on the vehicle and provides information including, but not limited to, the following: a general description of the problem reported by the consumer or an identification of the problem reported by the consumer or an identification of the defect or condition and the source of the defect; the amount charged for parts and the amount charged for labor, if paid for by the consumer; the date and the odometer reading when the vehicle was submitted for repair; and the date and odometer reading when the vehicle was made available to the consumer.
c. Failure to comply with the provisions of this section 1[or section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill)]1 constitutes an unlawful practice pursuant to section 2 of P.L.1960, c.39 (C.56:8-2). 1The provisions of this subsection shall not apply to any dealer who fails to comply with provisions of this section.1
(cf: P.L.2009, c.324, s.6)
2. (New section) a. 1[At the time of] Within 90 days after the1 purchase 1or lease1 of a new motor vehicle in the State of New Jersey, 1[a dealer] the motor vehicle manufacturer, distributor, or factory branch1 shall 1[provide directly] mail1 to the buyer 1or lessee1 a written statement, presented in a conspicuous and understandable manner 1[on a separate piece of paper]1 and printed in both the English and Spanish languages in not less than 10-point boldface type, 1and provide a written statement in the vehicle manufacturer's owner's manual, that provides1 the following:
"The Magnuson-Moss Warranty Act, 15 U.S.C. s.2301 et seq., makes it illegal for motor vehicle manufacturers 1[or dealers]1 to void a motor vehicle warranty or deny 1warranty1 coverage 1[under the motor vehicle warranty simply] solely1 because an aftermarket or recycled part 1[was installed or] has been1 used 1[on] to repair1 the vehicle or 1[simply because]1 someone other than the 1[dealer] authorized service provider1 performed service on the vehicle. 1[It is illegal for a manufacturer or dealer to void your warranty or deny coverage under the warranty simply because you used an aftermarket or recycled part. If it turns out that an aftermarket or recycled part was itself defective or wasn't installed correctly and it causes damage to another part that is covered under the warranty, the manufacturer or dealer has the right to deny coverage for that part and charge you for any repairs. The Federal Trade Commission requires the manufacturer or dealer to show that the aftermarket or recycled part caused the need for repairs before denying warranty coverage] This provision does not apply to a new motor vehicle purchased solely for commercial or industrial use.
"Under federal law, a manufacturer may deny warranty coverage and charge for repairs to a vehicle if it is discovered that an aftermarket or recycled part installed on the vehicle is defective or was installed incorrectly and caused damage to another part of the vehicle otherwise covered under warranty. The Federal Trade Commission requires that a manufacturer demonstrate that an aftermarket or recycled part or service performed by a person other than an authorized service provider caused damage to another part of the vehicle otherwise covered under warranty before denying warranty coverage. Additionally, federal law allows a manufacturer to void a motor vehicle warranty or deny warranty coverage if the manufacturer provides the article or service to consumers free of charge under the warranty or the manufacturer has secured a waiver from the Federal Trade Commission1."
b. 1Failure to comply with the provisions of this section constitutes an unlawful practice pursuant to section 2 of P.L.1960, c.39 (C.56:8-2).
c.1 As used in this section:
"Aftermarket part" means a part that was made by a company other than the motor vehicle manufacturer or the original equipment manufacturer.
"Recycled part" means a part that was made for and installed in a new motor vehicle by the manufacturer or the original equipment manufacturer and later removed from the motor vehicle and made available for resale or reuse.
3. This act shall take effect immediately.
Requires consumer notification of vehicle warranty for aftermarket and recycled parts.
