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H0055.........................................by TRANSPORTATION AND DEFENSE
RECREATIONAL VEHICLES - Amends existing law relating to new motor vehicle
warranties to revise the definition of "motor vehicle" to include
recreational vehicles as defined in Section 49-119, Idaho Code, fifth-wheel
trailers and truck campers as defined in Section 49-121, Idaho Code, and
motor homes as defined in Section 49-114, Idaho Code.
01/27 House intro - 1st rdg - to printing
01/28 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 55
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 AN ACT
2 RELATING TO NEW MOTOR VEHICLE WARRANTIES; AMENDING SECTION 48-901, IDAHO CODE,
3 TO REVISE THE DEFINITION OF "MOTOR VEHICLE" TO PROVIDE FOR INCLUSION OF
4 SPECIFIED VEHICLES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 48-901, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 48-901. DEFINITIONS. For purposes of this chapter, the following terms
9 have the following meanings:
10 (1) "Consumer" means the purchaser or lessee, other than for purposes of
11 resale or sublease, of a new motor vehicle used for personal business use,
12 personal, family or household purposes, or a person to whom the new motor
13 vehicle is transferred for the same purposes during the duration of an express
14 warranty applicable to the motor vehicle.
15 (2) "Early termination costs" means expenses and obligations incurred by
16 a motor vehicle lessor as a result of an early termination of a written lease
17 agreement and surrender of a motor vehicle to a manufacturer under section
18 48-904, Idaho Code, including penalties for prepayment of finance arrange-
19 ments.
20 (3) "Informal dispute settlement mechanism" means an arbitration process
21 or procedure by which the manufacturer attempts to resolve disputes with con-
22 sumers regarding motor vehicle nonconformities and repairs that arise during
23 the vehicle's warranty period.
24 (4) "Lease" means a contract in the form of a lease or bailment for the
25 use of personal property by a natural person for a period of time exceeding
26 four (4) months, used for personal business use, personal, family, or house-
27 hold purposes, whether or not the lessee has the option to purchase or other-
28 wise become the owner of the property at the expiration of the lease.
29 (5) "Manufacturer" means a person engaged in the business of manufactur-
30 ing, assembling or distributing motor vehicles, who will, under normal busi-
31 ness conditions during the year, manufacture, assemble or distribute to deal-
32 ers at least ten (10) new motor vehicles.
33 (6) "Manufacturer's express warranty" and "warranty" mean the written
34 warranty of the manufacturer of a new motor vehicle of its condition and fit-
35 ness for use, including any terms or conditions precedent to the enforcement
36 of obligations under that warranty.
37 (7) "Motor vehicle" means a motor vehicle as defined in chapter 1, title
38 49, Idaho Code, which is sold or licensed in this state but does not include:
39 (a) Motorcycle or farm tractor as defined in sections 49-107 and 49-114,
40 Idaho Code; or
41 (b) Trailer as defined in section 49-121, Idaho Code; or
42 (c) Any motor vehicle with a gross laden weight over twelve thousand
43 (12,000) pounds.
2
1 Notwithstanding the exclusions as specified in paragraphs (a), (b) and (c) of
2 this subsection (7), motor vehicle includes: recreational vehicles as defined
3 in section 49-119, Idaho Code; fifth-wheel trailers and truck campers as
4 defined in section 49-121, Idaho Code; and motor homes as defined in section
5 49-114, Idaho Code.
6 (8) "Motor vehicle lessor" means a person who holds title to a motor
7 vehicle leased to a lessee under a written lease agreement or who holds the
8 lessor's rights under such agreement.
STATEMENT OF PURPOSE
RS 14650
This legislation provides protection to recreational vehicle
owners under Idaho's Lemon Law when they are unable to get their
recreational vehicle adequately repaired by the manufacturer.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Rep. Mike Moyle
Rep. Rich Wills
Phone: 332-1111
STATEMENT OF PURPOSE/FISCAL NOTE H 55