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Connecticut Lemon Law
Sec. 42-179. New motor vehicle warranties. Leased vehicles. Resales.
Transfers. Manufacturer buybacks.
(a) As used in this chapter: (1) "Consumer" means the purchaser, other
than for purposes of resale, of a motor vehicle, a lessee of a motor
vehicle, any person to whom such motor vehicle is transferred during the
duration of an express warranty applicable to such motor vehicle, and
any person entitled by the terms of such warranty to enforce the
obligations of the warranty; and (2) "motor vehicle" means a passenger
motor vehicle, a passenger and commercial motor vehicle or a motorcycle,
as defined in section 14-1, which is sold or leased in this state.
(b) If a new motor vehicle does not conform to all applicable express
warranties, and the consumer reports the nonconformity to the
manufacturer, its agent or its authorized dealer during the period of
two years following the date of original delivery of the motor vehicle
to a consumer or during the period of the first twenty-four thousand
miles of operation, whichever period ends first, the manufacturer, its
agent or its authorized dealer shall make such repairs as are necessary
to conform the vehicle to such express warranties, notwithstanding the
fact that such repairs are made after the expiration of the applicable
period.
(c) No consumer shall be required to notify the manufacturer of a claim
under this section and sections 42-181 to 42-184, inclusive, unless the
manufacturer has clearly and conspicuously disclosed to the consumer, in
the warranty or owner's manual, that written notification of the
nonconformity is required before the consumer may be eligible for a
refund or replacement of the vehicle. The manufacturer shall include
with the warranty or owner's manual the name and address to which the
consumer shall send such written notification.
(d) If the manufacturer or its agents or authorized dealers are unable
to conform the motor vehicle to any applicable express warranty by
repairing or correcting any defect or condition which substantially
impairs the use, safety or value of the motor vehicle to the consumer
after a reasonable number of attempts, the manufacturer shall replace
the motor vehicle with a new motor vehicle acceptable to the consumer,
or accept return of the vehicle from the consumer and refund to the
consumer, lessor and lienholder, if any, as their interests may appear,
the following: (1) The full contract price, including but not limited
to, charges for undercoating, dealer preparation and transportation and
installed options, (2) all collateral charges, including but not limited
to, sales tax, license and registration fees, and similar government
charges, (3) all finance charges incurred by the consumer after he first
reports the nonconformity to the manufacturer, agent or dealer and
during any subsequent period when the vehicle is out of service by
reason of repair, and (4) all incidental damages as defined in section
42a-2-715, less a reasonable allowance for the consumer's use of the
vehicle. No authorized dealer shall be held liable by the manufacturer
for any refunds or vehicle replacements in the absence of evidence
indicating that dealership repairs have been carried out in a manner
inconsistent with the manufacturers' instructions. Refunds or
replacements shall be made to the consumer, lessor and lienholder if
any, as their interests may appear. A reasonable allowance for use shall
be that amount obtained by multiplying the total contract price of the
vehicle by a fraction having as its denominator o要e hundred twenty
thousand and having as its numerator the number of miles that the
vehicle traveled prior to the manufacturer's acceptance of its return.
It shall be an affirmative defense to any claim under this section (1)
that an alleged nonconformity does not substantially impair such use,
safety or value or (2) that a nonconformity is the result of abuse,
neglect or unauthorized modifications or alterations of a motor vehicle
by a consumer.
(e) It shall be presumed that a reasonable number of attempts have been
undertaken to conform a motor vehicle to the applicable express
warranties, if (1) the same nonconformity has been subject to repair
four or more times by the manufacturer or its agents or authorized
dealers during the period of two years following the date of original
delivery of the motor vehicle to a consumer or during the period of the
first twenty-four thousand miles of operation, whichever period ends
first, but such nonconformity continues to exist or (2) the vehicle is
out of service by reason of repair for a cumulative total of thirty or
more calendar days during the applicable period, determined pursuant to
subdivision (1) of this subsection. Such two-year period and such
thirty-day period shall be extended by any period of time during which
repair services are not available to the consumer because of a war,
invasion, strike or fire, flood or other natural disaster. No claim
shall be made under this section unless at least o要e attempt to repair
a nonconformity has been made by the manufacturer or its agent or an
authorized dealer or unless such manufacturer, its agent or an
authorized dealer has refused to attempt to repair such nonconformity.
(f) If a motor vehicle has a nonconformity which results in a condition
which is likely to cause death or serious bodily injury if the vehicle
is driven, it shall be presumed that a reasonable number of attempts
have been undertaken to conform such vehicle to the applicable express
warranties if the nonconformity has been subject to repair at least
twice by the manufacturer or its agents or authorized dealers within the
express warranty term or during the period of o要e year following the
date of the original delivery of the motor vehicle to a consumer,
whichever period ends first, but such nonconformity continues to exist.
The term of an express warranty and such o要e-year period shall be
extended by any period of time during which repair services are not
available to the consumer because of war, invasion, strike or fire,
flood or other natural disaster.
(g)(1) No motor vehicle which is returned to any person pursuant to any
provision of this chapter or in settlement of any dispute related to any
complaint made under the provisions of this chapter and which requires
replacement or refund shall be resold, transferred or leased in the
state without clear and conspicuous written disclosure of the fact that
such motor vehicle was so returned prior to resale or lease. Such
disclosure shall be affixed to the motor vehicle and shall be included
in any contract for sale or lease. The Commissioner of Motor Vehicles
shall, by regulations adopted in accordance with the provisions of
chapter 54, prescribe the form and content of any such disclosure
statement and establish provisions by which the commissioner may remove
such written disclosure after such time as the commissioner may
determine that such motor vehicle is no longer defective. (2) If a
manufacturer accepts the return of a motor vehicle or compensates any
person who accepts the return of a motor vehicle pursuant to subdivision
(1) of this subsection such manufacturer shall stamp the words
"MANUFACTURER BUYBACK" clearly and conspicuously o要 the face of the
original title in letters at least o要e-quarter inch high and, within
ten days of receipt of the title, shall submit a copy of the stamped
title to the Department of Motor Vehicles. The Department of Motor
Vehicles shall maintain a listing of such buyback vehicles and in the
case of any request for a title for a buyback vehicle, shall cause the
words "MANUFACTURER BUYBACK" to appear clearly and conspicuously o要 the
face of the new title in letters which are at least o要e-quarter inch
high. Any person who applies for a title shall disclose to the
department the fact that such vehicle was returned as set forth in this
subsection. (3) If a manufacturer accepts the return of a motor vehicle
from a consumer due to a nonconformity or defect, in exchange for a
refund or a replacement vehicle, whether as a result of an
administrative or judicial determination, an arbitration proceeding or a
voluntary settlement, the manufacturer shall notify the Department of
Motor Vehicles and shall provide the department with all relevant
information, including the year, make, model, vehicle identification
number and prior title number of the vehicle. The Commissioner of Motor
Vehicles shall adopt regulations in accordance with chapter 54
specifying the format and time period in which such information shall be
provided and the nature of any additional information which the
commissioner may require. (4) The provisions of this subsection shall
apply to motor vehicles originally returned in another state from a
consumer due to a nonconformity or defect in exchange for a refund or
replacement vehicle and which a lessor or transferor with actual
knowledge subsequently sells, transfers or leases in this state.
(h) All express and implied warranties arising from the sale of a new
motor vehicle shall be subject to the provisions of part 3 of article 2
of title 42a.
(I) Nothing in this section shall in any way limit the rights or
remedies which are otherwise available to a consumer under any other
law.
(j) If a manufacturer has established an informal dispute settlement
procedure which is certified by the Attorney General as complying in all
respects with the provisions of Title 16 Code of Federal Regulations
Part 703, as in effect o要 October 1, 1982, and with the provisions of
subsection (b) of section 42-182, the provisions of subsection (d) of
this section concerning refunds or replacement shall not apply to any
consumer who has not first resorted to such procedure.
Sec. 42-179a. Copies of paperwork or
invoices.
A dealer or authorized agent of a manufacturer shall, upon the request
of a consumer, provide such consumer with copies of any paperwork or
invoices related to repair work performed o要 such consumer's automobile
in accordance with the provisions of subsection (b) of section 42-179.
Any person who violates the provisions of this section shall be guilty
of an infraction.
Sec. 42-179b. Dealers and lessors to
deliver information.
Each motor vehicle dealer, as defined in subsection (11) of section
14-1, and each person engaged in the business of leasing new motor
vehicles shall, at the time of sale or execution of the lease of any new
motor vehicle, deliver to the consumer, as defined in subdivision (1) of
subsection (a) of section 42-179, of such vehicle written information,
in a form approved by the Commissioner of Consumer Protection, which
explains the new automobile warranty and dispute settlement program
established pursuant to this chapter.
Sec. 42-180. Costs and attorney's fees
in breach of warranty actions.
In any action by a consumer against the manufacturer of a motor vehicle,
or the manufacturer's agent or authorized dealer, based upon the alleged
breach of an express or implied warranty made in connection with the
sale or lease of such motor vehicle, the court, in its discretion, may
award to the plaintiff his costs and reasonable attorney's fees or, if
the court determines that the action was brought without any substantial
justification, may award costs and reasonable attorney's fees to the
defendant.
Sec. 42-181. Department arbitration
procedure. Records. Appeals.
(a) The Department of Consumer Protection, shall provide an independent
arbitration procedure for the settlement of disputes between consumers
and manufacturers of motor vehicles which do not conform to all
applicable warranties under the terms of section 42-179. The
commissioner shall establish o要e or more automobile dispute settlement
panels which shall consist of three members appointed by the
Commissioner of Consumer Protection, o要ly o要e of whom may be directly
involved in the manufacture, distribution, sale or service of any
product. Members shall be persons interested in consumer disputes and
shall serve without compensation for terms of two years at the
discretion of the commissioner. In lieu of referring an arbitration
dispute to a panel established under the provisions of this section, the
Department of Consumer Protection may refer an arbitration dispute to
the American Arbitration Association in accordance with regulations
adopted in accordance with the provisions of chapter 54.
(b) If any motor vehicle purchased at any time o要 or after October 1,
1984, or leased at any time o要 or after June 17, 1987, fails to conform
to such applicable warranties as defined in said section 42-179, a
consumer may bring a grievance to an arbitration panel if the
manufacturer of the vehicle has not established an informal dispute
settlement procedure which the Attorney General has certified as
complying in all respects with the requirements of said section 42-179.
The consumer may initiate a request for arbitration by calling a
toll-free telephone number designated by the commissioner or by
requesting an arbitration hearing in writing. The consumer shall file,
o要 forms prescribed by the commissioner, any information deemed
relevant to the resolution of the dispute and shall return the form
accompanied by a filing fee of fifty dollars. Such complaint form shall
offer the consumer a choice of presenting any subsequent testimony
orally or in writing. Prior to submitting the complaint to an
arbitration panel, the Department of Consumer Protection shall conduct
an initial review of the complaint. The department shall determine
whether the complaint should be accepted or rejected for arbitration
based o要 whether it alleges that the manufacturer has failed to comply
with section 42-179. The filing fee shall be refunded if the department
determines that a complaint does not allege a violation of any
applicable warranty under the requirements of said section 42-179. Upon
acceptance of the complaint, the commissioner shall notify the
manufacturer of the filing of a request for arbitration and shall obtain
from the manufacturer, in writing o要 a form prescribed by the
commissioner, any information deemed relevant to the resolution of the
dispute. The manufacturer shall return the form within fifteen days of
receipt, together with a filing fee of two hundred fifty dollars. A
lessee who brings a grievance to an arbitration panel under this section
shall, upon filing the complaint form provided for in this section,
provide the lessor with notice by registered or certified mail, return
receipt requested, and the lessor may petition the arbitration panel to
be made a party to the arbitration proceedings. Initial determinations
to reject a complaint for arbitration shall be submitted to an
arbitration panel for a final decision upon receipt of a written request
from the consumer for a review of the initial eligibility determination
and a filing fee of fifty dollars. If a complaint is accepted for
arbitration, an arbitration panel may determine that a complaint does
not allege that the manufacturer has failed to comply with section
42-179 at any time before such panel renders its decision o要 the merits
of the dispute. The fee accompanying the consumer's complaint form shall
be refunded to the consumer and the fee accompanying the form filed by
the manufacturer shall be refunded to the manufacturer if the
arbitration panel determines that a complaint does not allege a
violation of the provisions of section 42-179.
(c) The Department of Consumer Protection shall investigate, gather and
organize all information necessary for a fair and timely decision in
each dispute. The commissioner may issue subpoenas o要 behalf of any
arbitration panel to compel the attendance of witnesses and the
production of documents, papers and records relevant to the dispute. The
department shall forward a copy of all written testimony, including all
documentary evidence, to an independent technical expert certified by
the National Institute of Automotive Service Excellence or having a
degree or other credentials from a nationally recognized organization or
institution attesting to automotive expertise, who shall review such
material and be available to advise and consult with the arbitration
panel. An expert shall sit as a nonvoting member of an arbitration panel
whenever oral testimony is presented. Such experts may be recommended by
the Commissioner of Motor Vehicles at the request of the Commissioner of
Consumer Protection. An arbitration panel shall, as expeditiously as
possible, but not later than sixty days after the time the consumer
files the complaint form together with the filing fee, render a fair
decision based o要 the information gathered and disclose its findings
and the reasons therefor to the parties involved. The failure of the
arbitrators to render a decision within sixty days shall not void any
subsequent decision or otherwise limit the powers of the arbitrators.
The arbitration panel shall base its determination of liability solely
o要 whether the manufacturer has failed to comply with section 42-179.
The arbitration decision shall be final and binding as to the rights of
the parties pursuant to section 42-179, subject o要ly to judicial review
as set forth in this subsection. The decision shall provide appropriate
remedies, including, but not limited to o要e or more of the following:
(1) Replacement of the vehicle with an identical or comparable new
vehicle acceptable to the consumer;
(2) Refund of the full contract price, plus collateral charges as
specified in subsection (d) of said section 42-179;
(3) Reimbursement for expenses and compensation for incidental damages
as specified in subsection (d) of said section 42-179;
(4) Any other remedies available under the applicable warranties,
section 42-179, this section and sections 42-182 to 42-184, inclusive,
or the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act,
88 Stat. 2183 (1975), 15 USC 2301 et seq., as in effect o要 October 1,
1982, other than repair of the vehicle. The decision shall specify a
date for performance and completion of all awarded remedies.
Notwithstanding any provision of the general statutes or any regulation
to the contrary, the Department of Consumer Protection shall not amend,
reverse, rescind or revoke any decision or action of an arbitration
panel. The department shall contact the consumer, within ten working
days after the date for performance, to determine whether performance
has occurred. The manufacturer shall act in good faith in abiding by any
arbitration decision. In addition, either party to the arbitration may
make application to the superior court for the judicial district in
which o要e of the parties resides or, when the court is not in session,
any judge thereof for an order confirming, vacating, modifying or
correcting any award, in accordance with the provisions of this section
and sections 52-417, 52- 418, 52-419 and 52-420. Upon filing such
application the moving party shall mail a copy of the application to the
Attorney General and, upon entry of any judgment or decree, shall mail a
copy of such judgment or decree to the Attorney General. A review of
such application shall be confined to the record of the proceedings
before the arbitration panel. The court shall conduct a de novo review
of the questions of law raised in the application. In addition to the
grounds set forth in sections 52-418 and 52-419, the court shall
consider questions of fact raised in the application. In reviewing
questions of fact, the court shall uphold the award unless it determines
that the factual findings of the arbitrators are not supported by
substantial evidence in the record and that the substantial rights of
the moving party have been prejudiced. If the arbitrators fail to state
findings or reasons for the award, or the stated findings or reasons are
inadequate, the court shall search the record to determine whether a
basis exists to uphold the award. If it is determined by the court that
the manufacturer has acted without good cause in bringing an appeal of
an award, the court, in its discretion, may grant to the consumer his
costs and reasonable attorney's fees. If the manufacturer fails to
perform all awarded remedies by the date for performance specified by
the arbitrators, and the enforcement of the award has not been stayed
pursuant to subsection (c) of section 52-420, then each additional day
the manufacturer wilfully fails to comply shall be deemed a separate
violation for purposes of section 42-184.
(d) The department shall maintain such records of each dispute as the
commissioner may require, including an index of disputes by brand name
and model. The department shall annually compile and maintain statistics
indicating the record of manufacturer compliance with arbitration
decisions and the number of refunds or replacements awarded. A copy of
the statistical summary shall be filed with the Commissioner of Motor
Vehicles and shall be considered by him in determining the issuance of
any manufacturer license as required under section 14-67a. The summary
shall be a public record.
(e) If a manufacturer has not established an informal dispute settlement
procedure certified by the Attorney General as complying with the
requirements of said section 42- 179, public notice of the availability
of the department's automobile dispute settlement procedure shall be
prominently posted in the place of business of each new car dealer
licensed by the Department of Motor Vehicles to engage in the sale of
such manufacturer's new motor vehicles. Display of such public notice
shall be a condition of licensure under sections 14-52 and 14-64. The
Commissioner of Consumer Protection shall determine the size, type face,
form and wording of the sign required by this section, which shall
include the toll-free telephone number and the address to which requests
for the department's arbitration services may be sent.
(f) Any consumer injured by the operation of any procedure which does
not conform with procedures established by a manufacturer pursuant to
subsection (b) of section 42- 182 and the provisions of Title 16 Code of
Federal Regulations Part 703, as in effect on October 1, 1982, may
appeal any decision rendered as the result of such a procedure by
requesting arbitration de novo of the dispute by an arbitration panel.
Filing procedures and fees for appeals shall be the same as those
required in subsection (b) of this section. The findings of the
manufacturer's informal dispute settlement procedure may be admissible
in evidence at such arbitration panel hearing and in any civil action
subsequently arising out of any warranty obligation or matter related to
the dispute. Any consumer so injured may, in addition, request the
Attorney General to investigate the manufacturer's procedure to
determine whether its certification shall be suspended or revoked after
proper notice and hearing. The Attorney General shall establish
procedures for processing such consumer complaints and maintain a record
of the disposition of such complaints, which record shall be included in
the annual report prepared in accordance with the provisions of
subsection (a) of section 42-182.
(g) The Commissioner of Consumer Protection shall adopt regulations, in
accordance with the provisions of chapter 54, to carry out the purposes
of this section. Written copies of the regulations and appropriate
arbitration hearing procedures shall be provided to any person upon
request.
Sec. 42-182. Certification of
manufacturer's informal dispute settlement procedures.
(a) The Attorney General shall prepare an annual report evaluating the
operation of informal dispute settlement procedures established by
manufacturers of new motor vehicles and shall issue a certificate of
approval to those manufacturers whose settlement procedures comply in
all respects with the provisions of Title 16 Code of Federal Regulations
Part 703, as in effect o要 October 1, 1982, and with the provisions of
subsection (b) of this section. The report and certification shall be
public records. The AttorneyGeneral or an agent authorized by him may
conduct any inquiry or investigation in connection with the
certification or evaluation of a manufacturer's informal dispute
settlement procedure and may hold hearings, issue subpoenas requiring
the attendance of witnesses and the production of records, documents or
other evidence in connection therewith, administer oaths, examine
witnesses, receive oral and documentary evidence and issue written
interrogatories prescribing a return date which would allow a reasonable
time to respond, which responses shall be under oath. Service of
subpoenas compelling testimony or the production of documents and
written interrogatories as provided herein, may be made by (1) personal
service or service at the usual place of abode; or (2) registered or
certified mail, return receipt requested, a duly executed copy of which
shall be addressed to the person to be served at his principal place of
business in this state, or, if said person has no principal place of
business in this state, to his principal office or to his residence. In
the event that any person shall fail to comply with a subpoena or with
interrogatories issued pursuant to this section, the Attorney General or
an agent authorized by him may apply to the superior court for the
judicial district of Hartford for compliance, which court may, upon
notice to such person, issue an order requiring such compliance, which
shall be served upon such person. Hearings under this subsection shall
be held in the manner provided for contested cases under sections 4-176e
to 4-181a, inclusive, except that no informal disposition may be made by
stipulation, agreed settlement, consent order or default, in any
proceeding concerning the certification of an automobile manufacturer's
informal dispute settlement procedure unless such proceeding is open to
the public in accordance with the provisions of section 1- 225. The
Attorney General, after notice and hearing, may suspend or revoke the
certification of an automobile manufacturer's informal dispute
settlement procedure which violates the provisions of subsection (b) of
this section or the provisions of Title 16 Code of Federal Regulations
Part 703, as in effect o要 October 1, 1982. Any person aggrieved by a
decision of the Attorney General or his authorized agent, may appeal in
accordance with the provisions of sections 4-183 and 4-184. Section
4-184a shall be applicable to such appeals. Hearings, meetings and
conferences, except telephone conversations, relating to evaluation and
certification shall be open to the public in accordance with the
provisions of section 1-225. If the Attorney General certifies a
manufacturer's informal dispute settlement procedure, the provisions of
subsection (d) of section 42-179 concerning refunds or replacement shall
not apply to any consumer who has not first resorted to such procedure.
A copy of the Attorney General's report and certification shall be
forwarded by the Attorney General to the Commissioner of Motor Vehicles,
who may consider such report and certification in determining the
fitness of an applicant for a manufacturer's license to engage in
business as a manufacturer of motor vehicles for sale in this state, as
provided for in section 14-67a.
(b) A manufacturer's informal dispute procedure shall not include any
practices which: (1) Delay a decision in any dispute beyond sixty days
after the date o要 which the consumer initially resorts to the informal
dispute settlement procedure either by a telephone call or by written
notification that a dispute exists; (2) delay performance of remedies
awarded in a settlement beyond ten days after receipt of notice of the
consumer's acceptance of the decision, except that a manufacturer may
have thirty days following the date of such receipt to deliver a
replacement of a motor vehicle acceptable to the consumer or to refund
the full contract price of the vehicle together with all collateral
charges, and all consequential and incidental damages as defined in said
section 42- 179; (3) require the consumer to make the vehi cle available
more than o要ce for inspection by a manufacturer's representative, and
more than o要ce for repair of the same defect by a dealer, in which
cases, and upon proof of the consumer's financial responsibility in
accordance with the provisions of section 14-112, the manufacturer of
the defective vehicle shall provide for the loan of a reliable vehicle,
not more than two years old, for use during the periods required for
inspection or repair; (4) fail to consider in decisions any remedies
provided by sections 42-179 and 42-181, this section and sections 42-183
and 42-184, such remedies to include (A) repair, replacement and refund,
(B) reimbursement for expenses and collateral charges, (C) compensation
for consequential and incidental damages as defined in said section
42-179 and (D) any other remedies available under applicable express or
implied warranties; (5) require the consumer to take any action or
assume any obligation not specifically authorized under the provisions
of Title 16 Code of Federal Regulations Part 703, as in effect o要
October 1, 1982; or (6) fail to conform to all applicable standards and
requirements of this chapter in the processing of consumer complaints.
(c) Any manufacturer operating or participating in an informal dispute
settlement procedure for resolving disputes with consumers in this state
shall be required to maintain records which indicate the number of: (1)
Vehicles sold in this state during the reporting period; (2) telephone
and written requests from consumers to enter the dispute resolution
program; (3) requests rejected as ineligible for the program; (4)
requests accepted for resolution by the program; (5) cases in which a
decision was reached and the manufacturer has complied with the decision
within the time period for compliance established by the decision; (6)
cases in which a decision was reached and the manufacturer's compliance
occurred after the expiration of the time period for compliance
established by the decision; (7) cases in which a decision was reached,
the time period for compliance has expired and the manufacturer has not
complied with such decision; (8) cases in which a decision was reached
and the time period for compliance has not yet expired; (9) cases in
which a decision awarded no relief to the consumer; (10) cases in which
a decision awarded the consumer further repair or extended warranty;
(11) cases in which a decision required the manufacturer to accept the
return of the vehicle and a refund was issued to the consumer; (12)
cases in which a decision required the manufacturer to accept the return
of the vehicle and a replacement vehicle was provided to the consumer;
(13) cases in which a decision is pending; (14) cases in which the
consumer accepted the decision; (15) cases in which the consumer
rejected the decision; (16) cases resolved by predecision settlement.
Sec. 42-183. Institution of proceedings.
The Commissioner of Consumer Protection may, in consultation with the
Commissioner of Motor Vehicles, request institution of proceedings under
section 14-67c against any manufacturer found to have failed to comply
with the provisions of sections 42-179, 42-181 and 42-182, this section
and section 42-184.
Sec. 42-184. Unfair trade practices.
A violation of any of the provisions of sections 42-179 and 42-181 to
42-183, inclusive, shall be deemed an unfair or deceptive trade practice
under chapter 735a.
Sec. 42-185. Waiver of filing fees,
statement prohibited.
Notwithstanding the provisions of any general statute, regulation or
grant of authority to the contrary, no filing fee or statement required
under the provisions of this chapter shall be waived, refunded, reduced
or withheld from use, by the state pursuant to any contract, stipulated
settlement, consent order, administrative directive or by any other
means except as provided in this chapter or by order of a court of
competent jurisdiction made upon proof of economic hardship and a
finding that such settlement, consent order, directive or other action
is in the public interest.
Sec. 42-186. Action brought by lessee
against manufacturer. Lessee to notify lessor. Lessor authorized to
petition to be made a party to proceeding.
In any action by a consumer who is a lessee against the manufacturer of
a motor vehicle, or the manufacturer's agent or authorized dealer, based
upon the alleged breach of an express or implied warranty made in
connection with the lease of such motor vehicle pursuant to section
42-179, the lessee shall, at the time of the service of process upon
such manufacturer, manufacturer's agent or authorized dealer, notify the
lessor of such motor vehicle of such action by registered or certified
mail, return receipt requested, and such lessor may petition the court
to be made a party to the proceedings.
Sec. 42-190. New automobile warranties
account surcharge. Account.
(a) A new automobile warranties account surcharge is hereby imposed o要
the sale or lease of each new motor vehicle, as defined in section
42-179, sold or leased in this state by any person licensed to offer
such vehicles for sale under section 14-52. Such surcharge shall be in
addition to any tax otherwise applicable to any such sales transaction.
(b) The surcharge assessed pursuant to this section shall be at a rate
of three dollars per motor vehicle, as defined in section 42-179. Such
surcharge shall be collected by each licensee under section 14-52
engaged in the sale or lease of motor vehicles, as defined in section
42-179, in this state.
(c) Proceeds collected from surcharges assessed under this section shall
be deposited in the new automobile warranties account established
pursuant to subsection (d) of this section.
(d) There is established a separate, nonlapsing account, within the
General Fund, to be known as the "new automobile warranties account".
The account may contain any moneys required by law to be deposited in
the account. The moneys in said account shall be allocated to the
Department of Consumer Protection to carry out the purposes of this
chapter.
source:
Center for Auto Safety http://www.autosafety.org/
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