HF 2517

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; regulating the operation and 
  1.3             sales of certain motor homes; providing rulemaking 
  1.4             authority; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 168. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [168.851] [MOTOR HOME SALES REGULATION.] 
  1.8      Subdivision 1.  [APPLICATION.] This section applies to 
  1.9   motor homes, as defined in section 168.011, subdivision 25, 
  1.10  paragraph (b), having a gross vehicle weight of 10,000 pounds or 
  1.11  more and measuring at least 20 feet in length. 
  1.12     Subd. 2.  [INSPECTIONS.] Each new or used motor home sold 
  1.13  or rented in the state shall, before it is sold or rented, be 
  1.14  inspected by the department or by a person approved by the 
  1.15  department to conduct these inspections.  Inspections must be 
  1.16  made according to procedures developed by the department by rule 
  1.17  to ensure the safe condition and roadworthiness of motor homes.  
  1.18  The inspection of a used motor home must be made within 72 hours 
  1.19  of its sale or rental.  The department by rule shall develop 
  1.20  inspection standards, procedures for approving inspectors other 
  1.21  than department employees, and other provisions required to 
  1.22  implement this section. 
  1.23     Subd. 3.  [INFORMATIONAL LABELS ON MOTOR HOMES; 
  1.24  PENALTY.] The requirements of section 168.271 apply to new motor 
  1.25  homes built after December 31, 1996. 
  2.1      Subd. 4.  [WARRANTIES.] (a) Every sale of a new motor home 
  2.2   in this state is made with an implied warranty that the motor 
  2.3   home conforms in all material aspects to applicable federal or 
  2.4   state laws and regulations establishing standards of safety or 
  2.5   quality, and with implied warranties of merchantability and 
  2.6   fitness for a particular purpose.  These implied warranties are 
  2.7   in addition to any other express warranties made by the 
  2.8   manufacturer or dealer.  
  2.9      (b) A manufacturer or dealer may not limit, modify, or 
  2.10  disclaim the warranties implied by paragraph (a). 
  2.11     (c) An attempt to exclude, limit, or modify any rights or 
  2.12  remedies created by the warranties implied by this subdivision 
  2.13  is void. 
  2.14     (d) If the dealer finances the sale of a motor home, the 
  2.15  dealer shall offer an extended warranty on the motor home with a 
  2.16  term that is equal to or exceeds the term of the financing.  
  2.17     The extended warranty must cover all structural elements; 
  2.18  plumbing systems; heating, cooling, and fuel-burning systems; 
  2.19  electrical systems; fire prevention systems; and other 
  2.20  components or conditions included in the motor home. 
  2.21     Subd. 5.  [WARRANTY ENFORCEMENT.] (a) The warranties under 
  2.22  subdivision 4, paragraph (a), run for a period of one year from 
  2.23  the date of delivery of the manufactured home to the consumer 
  2.24  customer. 
  2.25     (b) To invoke either a warranty under subdivision 4 or an 
  2.26  express warranty made by the manufacturer, the buyer must notify 
  2.27  the dealer and the manufacturer within a reasonable time after 
  2.28  discovering the breach and not later than 90 days after the 
  2.29  expiration of the warranty.  To invoke the warranty under 
  2.30  subdivision 4, paragraph (d) or an express warranty made by the 
  2.31  dealer, the buyer must notify the dealer within a reasonable 
  2.32  time after discovering the breach and not later than 90 days 
  2.33  after the expiration of the warranty.  After giving the notice, 
  2.34  the buyer must allow reasonable opportunity for the service or 
  2.35  repair. 
  2.36     (c) The manufacturer and dealer, jointly and severally, 
  3.1   shall service or repair a motor home at a site convenient to the 
  3.2   buyer after receiving written notice of breach of either a 
  3.3   warranty under subdivision 4 or an express warranty made by the 
  3.4   manufacturer.  The dealer shall service or repair a motor home 
  3.5   at a site convenient to the buyer within a reasonable time after 
  3.6   receiving written notice of breach of an express warranty made 
  3.7   by the dealer. 
  3.8      Sec. 2.  [168.852] [SPECIAL LICENSE ENDORSEMENT; RULEMAKING 
  3.9   AUTHORITY OF COMMISSIONER.] 
  3.10     The commissioner may adopt rules requiring a special 
  3.11  license endorsement for the operation of motor homes regulated 
  3.12  under section 168.851 if, based on the accident experience of 
  3.13  these motor homes and other relevant safety factors, the 
  3.14  commissioner determines that these rules are appropriate for the 
  3.15  protection of the public.