HOUSE BILL 35

 

Unofficial Copy 2000 Regular Session

I3 0lr0208

   

(PRE-FILED)

____________________________________________________________________________________

By: Delegates Pendergrass, Goldwater, Love, and Moe

Requested: June 23, 1999

Introduced and read first time: January 12, 2000

Assigned to: Economic Matters

_____________________________________________________________________________________

 

A BILL ENTITLED

 

1 AN ACT concerning

 

2 Motorized Wheelchair Warranty Enforcement Act - Inclusion of Motorized

3 Scooters

 

4 FOR the purpose of expanding the scope of the Motorized Wheelchair Warranty

5 Enforcement Act to include motorized scooters and other motorized wheeled

6 devices that are designed to provide mobility assistance for individuals with

7 disabilities; defining a certain term; providing for the application of this Act; and

8 generally relating to the scope of the Motorized Wheelchair Warranty

9 Enforcement Act.

 

10 BY repealing and reenacting, with amendments,

11 Article - Commercial Law

12 Section 14-2701

13 Annotated Code of Maryland

14 (1990 Replacement Volume and 1999 Supplement)

 

15 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

16 MARYLAND, That the Laws of Maryland read as follows:

 

17 Article - Commercial Law

 

18 14-2701.

 

19 (a) In this subtitle the following words have the meanings indicated.

 

20 (b) "Collateral costs" means expenses incurred by a consumer in connection

21 with the repair of a nonconformity, including the costs of obtaining an alternative

22 wheelchair or other device used for mobility assistance.

 

23 (c) "Consumer" means any of the following:

 

24 (1) The purchaser of a motorized wheelchair, if the motorized wheelchair

25 was purchased from a motorized wheelchair dealer or manufacturer for purposes

26 other than resale;


 

2 HOUSE BILL 35

 

1 (2) A person to whom the motorized wheelchair is transferred for

2 purposes other than resale, if the transfer occurs before the expiration of an express

3 warranty applicable to the motorized wheelchair;

 

4 (3) A person who may enforce the warranty; or

 

5 (4) A person who leases a motorized wheelchair from a motorized

6 wheelchair lessor under a written lease.

 

7 (d) "Demonstrator" means a motorized wheelchair used primarily for the

8 purpose of demonstration to the public.

 

9 (e) (1) "Early termination cost" means any expense or obligation that a

10 motorized wheelchair lessor incurs as a result of both the termination of a written

11 lease before the termination date set forth in that lease and the return of a motorized

12 wheelchair to a manufacturer under 14-2703(c)(3) of this subtitle.

 

13 (2) Early termination cost includes a penalty for prepayment under a

14 finance arrangement.

 

15 (f) (1) "Early termination savings" means any expense or obligation that a

16 motorized wheelchair lessor avoids as a result of both the termination of a written

17 lease before the termination date set forth in that lease and the return of a motorized

18 wheelchair to a manufacturer under 14-2703(c)(3) of this subtitle.

 

19 (2) Early termination savings includes an interest charge that the

20 motorized wheelchair lessor would have paid to finance the motorized wheelchair or,

21 if the motorized wheelchair lessor does not finance the motorized wheelchair, the

22 difference between the total amount for which the lease obligates the consumer

23 during the period of the lease term remaining after the early termination and the

24 present value of that amount at the date of the early termination.

 

25 (g) (1) "Manufacturer" means a person who manufactures motorized

26 wheelchairs, and any warrantors of the manufacturer's motorized wheelchairs.

 

27 (2) "Manufacturer" does not include a motorized wheelchair dealer.

 

28 (h) "Motorized wheelchair" means any motor-driven wheelchair, SCOOTER, OR

29 OTHER WHEELED DEVICE THAT IS DESIGNED TO PROVIDE MOBILITY ASSISTANCE

30 FOR AN INDIVIDUAL WITH A DISABILITY, including a demonstrator, that a consumer

31 purchases or accepts transfer of in the State.

 

32 (i) "Motorized wheelchair dealer" means a person who is in the business of

33 selling motorized wheelchairs.

 

34 (j) "Motorized wheelchair lessor" means a person who leases a motorized

35 wheelchair to a consumer, or who holds the lessor's rights, under a written lease.

 

36 (k) "Nonconformity" means a condition or defect that substantially impairs the

37 use, value, or safety of a motorized wheelchair or any of its component parts, and that


 

3 HOUSE BILL 35

 

1 is covered by an express warranty applicable to the motorized wheelchair or to a

2 component of the motorized wheelchair, but does not include a condition or defect that

3 is the result of abuse, neglect, or unauthorized modification or alteration of the

4 motorized wheelchair by a consumer.

 

5 (l) "Reasonable attempt to repair" means any of the following occurring

6 within the term of an express warranty applicable to a new motorized wheelchair or

7 within 1 year after first delivery of the motorized wheelchair to a consumer,

8 whichever is sooner:

 

9 (1) The same nonconformity with the warranty is subject to repair at

10 least four times by the manufacturer, motorized wheelchair lessor, or any of the

11 manufacturer's authorized motorized wheelchair dealers and the nonconformity

12 continues; or

 

13 (2) The motorized wheelchair is out of service for an aggregate of at least

14 30 days because of warranty nonconformities.

 

15 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be

16 construed only prospectively and may not be applied or interpreted to have any effect

17 on or application to any sales or transfers of motorized scooters or other motorized

18 wheeled devices designed to provide mobility assistance for individuals with

19 disabilities before the effective date of this Act.

 

20 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect

21 October 1, 2000.