Z-1605 _______________________________________________
HOUSE BILL NO. 2430
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State of Washington 51st Legislature 1990 Regular Session
By Representatives P. King, Vekich, Walker, Prentice, Winsley, Jones and Kremen; by request of Attorney General
Read first time 1/12/90 and referred to Committee on Commerce & Labor.
AN ACT Relating to motor vehicle warranties; and amending RCW 19.118.021.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 2, chapter 344, Laws of 1987 and RCW 19.118.021 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Board" means new motor vehicle arbitration board.
(2) "Collateral charges" means any sales-related charges including but not limited to sales tax, arbitration service fees, license fees, registration fees, title fees, finance charges, insurance costs, transportation charges, dealer preparation charges, or any other charges for service contracts, undercoating, rustproofing, or factory installed options.
(3) "Condition" means a general problem that results from a defect or malfunction of one or more parts, or their improper installation by the manufacturer, its agents, or the new motor vehicle dealer.
(4) "Consumer" means any person who has entered into an agreement or contract for the transfer, lease, or purchase of a new motor vehicle, other than for purposes of resale or sublease, during the duration of the warranty period defined under this section.
(5) "Court" means the superior court in the county where the consumer resides, except if the consumer does not reside in this state, then the superior court in the county where an arbitration hearing or determination was conducted or made pursuant to this chapter.
(6) "Incidental costs" means any reasonable expenses incurred by the consumer in connection with the repair of the new motor vehicle, including any towing charges and the costs of obtaining alternative transportation.
(7) "Manufacturer" means any person engaged in the business of constructing or assembling new motor vehicles or engaged in the business of importing new motor vehicles into the United States for the purpose of selling or distributing new motor vehicles to new motor vehicle dealers. "Manufacturer" does not include any person engaged in the business of set-up of motorcycles as an agent of a new motor vehicle dealer who does not otherwise construct or assemble motorcycles.
(8) "Motorcycle" means any motorcycle as defined in RCW 46.04.330 which has an engine displacement of at least seven hundred cubic centimeters.
(((8)))
(9) "New motor vehicle" means any new self-propelled vehicle,
including a motorcycle, primarily designed for the transportation of
persons or property over the public highways that was leased or purchased in
this state and registered in this state, but does not include vehicles
purchased or leased by a business as part of a fleet of ten or more vehicles.
If the motor vehicle is a motor home, this chapter shall apply to the
self-propelled vehicle and chassis, but does not include those portions of the
vehicle designated, used, or maintained primarily as a mobile dwelling, office,
or commercial space. The term "new motor vehicle" does not include
((motorcycles or)) trucks with nineteen thousand pounds or more gross
vehicle weight rating. The term "new motor vehicle" includes a
demonstrator or lease-purchase vehicle as long as a manufacturer's warranty was
issued as a condition of sale.
(((9)))
(10) "New motor vehicle dealer" means a person who holds a
dealer agreement with a manufacturer for the sale of new motor vehicles, who is
engaged in the business of purchasing, selling, servicing, exchanging, or
dealing in new motor vehicles, and who is licensed as a dealer by the state of
Washington.
(((10)))
(11) "Nonconformity" means a defect, serious safety defect, or
condition that substantially impairs the use, value, or safety of a new motor
vehicle, but does not include a defect or condition that is the result of
abuse, neglect, or unauthorized modification or alteration of the new motor
vehicle.
(((11)))
(12) "Purchase price" means the cash price of the new motor
vehicle appearing in the sales agreement or contract, including any allowance
for a trade-in vehicle.
(((12)))
(13) "Reasonable offset for use" means an amount directly
attributable to use by the consumer before repurchase or replacement by the
manufacturer. The reasonable offset for use for a new motor vehicle other
than a motorcycle shall be computed by the number of miles that the
vehicle traveled before the manufacturer's acceptance of the vehicle upon
repurchase or replacement multiplied by the purchase price, and divided by one
hundred thousand. The reasonable offset for use for a motorcycle shall be
computed by the number of miles that the vehicle traveled before the
manufacturer's acceptance of the vehicle upon repurchase or replacement
multiplied by the purchase price, and divided by fifty thousand.
(((13)))
(14) "Reasonable number of attempts" means the definition
provided in RCW 19.118.041.
(((14)))
(15) "Replacement motor vehicle" means a new motor vehicle
that is identical or reasonably equivalent to the motor vehicle to be replaced,
as the motor vehicle to be replaced existed at the time of purchase.
(((15)))
(16) "Serious safety defect" means a life-threatening
malfunction or nonconformity that impedes the consumer's ability to control or
operate the new motor vehicle for ordinary use or reasonable intended purposes
or creates a risk of fire or explosion.
(((16)))
(17) "Substantially impair" means to render the new motor
vehicle unreliable, or unsafe for ordinary use, or to diminish the resale value
of the new motor vehicle below the average resale value for comparable motor
vehicles.
(((17)))
(18) "Warranty" means any implied warranty, any written
warranty of the manufacturer, or any affirmation of fact or promise made by the
manufacturer in connection with the sale of a new motor vehicle that becomes
part of the basis of the bargain. The term "warranty" pertains to
the obligations of the manufacturer in relation to materials, workmanship, and
fitness of a new motor vehicle for ordinary use or reasonably intended purposes
throughout the duration of the warranty period as defined under this section.
(((18)))
(19) "Warranty period" means the period ending two years after
the date of the original delivery to the consumer of a new motor vehicle, or
the first twenty-four thousand miles of operation, whichever occurs first.