SENATE, No. 726

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Senator  NICHOLAS J. SACCO

District 32 (Bergen and Hudson)

Senator  ANDREW R. CIESLA

District 10 (Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Prohibits purchaser of used motor vehicle from waiving dealer's obligation regarding emissions control equipment.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Transportation Committee with technical review.

  


An Act concerning the sale of certain used vehicles and amending P.L.1971, c.76.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 4 of P.L.1971, c.76 (C.39:10-29) is amended to read as follows:

     4.    Any agreement of retail sale may contain a provision whereby the purchaser waives the dealer's obligation under section 2 of this act; provided, however, any such waiver must be separately stated in the agreement of retail sale and separately signed by the purchaser , and further provided that such a waiver shall not apply to the retail sale of a motor vehicle to the extent that the defect in the motor vehicle that would prevent the issuance of a certificate of approval for the motor vehicle pursuant to R.S.39:8-2 and R.S.39:8-3 is a defect in the emissions control apparatus or related items in the motor vehicle.

     The signing of such a waiver by the purchaser shall also serve to eliminate  any criminal responsibility placed upon any motor vehicle dealer by this act.

(cf: P.L.1971, c.76, s.4)

 

     2.    This act shall take effect on the first day of the third month following enactment.