FINAL BILL REPORT

                  HB 1466

                         C 104 L 94

                     Synopsis as Enacted

Brief Description:  Regulating motorized wheelchair warranties.

By Representatives Jacobsen, Wang, Ludwig, G. Cole and Romero.

House Committee on Commerce & Labor

Senate Committee on Labor & Commerce

Background:  Washington has a motor vehicle lemon law, which requires a motor vehicle manufacturer to replace or repurchase a nonconforming new motor vehicle if the manufacturer is unable to correct the nonconformity after a reasonable number of attempts.    

Other than implied warranties under the Uniform Commercial Code, there is no law that warrants new motorized wheelchairs.  Wisconsin is the only state that has a motorized wheelchair lemon law. 

Summary:  Motorized wheelchair manufacturers are required to furnish at least a one year express warranty to motorized wheelchair consumers.  If a manufacturer fails to provide a one year warranty, the motorized wheelchair is covered by an implied warranty.  After a reasonable attempt to repair a nonconforming wheelchair, the manufacturer must either replace the nonconforming new motorized wheelchair or make a refund.  A refund includes the full purchase price plus finance charges, amount paid by the consumer at the point of sale, and collateral costs, less a reasonable allowance for use.  A "reasonable attempt to repair" means either four or more attempts to correct a nonconformity or the motorized wheelchair is out of service for at least 30 days because of a nonconformity.  The reasonable attempt to repair must occur within the warranty period or within one year of delivery of the motorized wheelchair.  "Nonconformity" means a condition or defect covered by an express warranty that substantially impairs the use, value, or safety of a motorized wheelchair.

Votes on Final Passage:

House  92 0

Senate 46 0 (Senate amended)

House            (House refused to concur)

Senate 45 0 (Senate receded)

Effective:  June 9, 1994