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  • NJ A2808
  • "Safe Motor Vehicle Rental Act"; prohibits rental companies from renting, leasing, or selling unrepaired motor vehicles which are subject to safety recall.
Introduced
(2/16/2016)
In Committee
(2/16/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill, the "Safe Motor Vehicle Rental Act" prohibits a rental company from renting, leasing, or selling a motor vehicle which is subject to a known safety recall. Under the provisions of the bill, it is an unlawful practice under the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), for a rental company to rent a motor vehicle that contains a defect related to motor vehicle safety or does not comply with an applicable motor vehicle safety standard, unless the defect or noncompliance has been remedied prior to rental. If, during the rental period, the rental company learns that a vehicle is subject to a safety recall, the rental company will immediately: (1) make reasonable efforts to contact the renter and any authorized driver to inform them of the defect or noncompliance; and (2) offer to provide the renter or authorized driver a comparable alternative vehicle, at no additional cost, until the defect or noncompliance has been remedied. The bill also provides that it is an unlawful practice under the consumer fraud act for a rental company to sell at retail or lease a motor vehicle that contains a defect related to motor vehicle safety if, prior to final sale or during the lease period of a motor vehicle, the rental company learns that a vehicle is subject to a safety recall and the company fails to immediately inform the purchaser or contact the lessee and any authorized driver to inform them of the defect or noncompliance. Further, the bill provides that there is an irrebuttable presumption that a rental company had no knowledge of the existence of a prior recall on a motor vehicle if the company accessed the website of the National Highway Traffic Safety Administration (NHTSA) and, after the company input the specific vehicle identification number (VIN), the website indicated that no open recall existed for the particular motor vehicle. This provision would not: (1) create any legal duty upon a rental company related to the accuracy, errors, or omissions of the NHTSA website; or (2) require a rental company to provide a person with any recall information that may be added to the NHTSA website, after the company has printed a copy of the recall information and provided it to the person. An unlawful practice under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. Additionally, violations can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.
Not specified
Assembly Consumer Affairs Hearing (10:00 2/22/2016 Committee Room 13, 4th Floor)  (on 2/22/2016)
 
 

Date Chamber Action Description
2/22/2016 Assembly Consumer Affairs Hearing (10:00 2/22/2016 Committee Room 13, 4th Floor)
2/16/2016 A Introduced, Referred to Assembly Consumer Affairs Committee
Date Motion Yea Nay Other
None specified