State of Illinois
92^nd General Assembly
Legislation

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92_HB0933eng

 
HB0933 Engrossed                               LRB9201962DHmg

 1        AN ACT in regard to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 5-103 as follows:

 6        (625 ILCS 5/5-103) (from Ch. 95 1/2, par. 5-103)
 7        Sec.  5-103.  (a)  Every  new  vehicle manufacturer shall
 8    specify the  delivery  and  preparation  obligations  of  its
 9    vehicle  dealers  prior to delivery of new vehicles to retail
10    buyers. A copy of the delivery and preparation obligations of
11    its dealers shall be filed with the  Secretary  of  State  by
12    every  vehicle  manufacturer and shall constitute the vehicle
13    dealer's only responsibility for product liability as between
14    the dealer and the manufacturer. A manufacturer's product  or
15    warranty   liability  to  the  dealer  shall  extend  to  any
16    mechanical, body or parts defect constituting a breach of any
17    express  or  implied  warranty  of  the   manufacturer.   The
18    manufacturer   shall  reasonably  compensate  any  authorized
19    dealer who rectifies a defect which constitutes a  breach  of
20    any  express  or implied warranty of the manufacturer and for
21    preparation and  delivery  obligations.  Every  dealer  shall
22    perform  the  preparation and get ready services specified by
23    the manufacturer to be performed prior to the delivery of the
24    new vehicle to the buyer.
25        (b)  The owner of the vehicle may cause the vehicle to be
26    inspected according to this Section  and  have  the  original
27    manufacturer's  warranty reinstated if the vehicle is a theft
28    recovery that has been  salvaged  and  is  recovered  without
29    structural  damage  or  missing  essential  parts,  excluding
30    wheels,  damage  to  the steering column, and radios provided
31    the owner:
 
HB0933 Engrossed            -2-                LRB9201962DHmg
 1             (1)  Submits the vehicle to a franchised dealer  for
 2        a complete inspection, including fluids, frame, essential
 3        parts,  and  other  items  deemed  by the manufacturer as
 4        essential  for  verification  of  the  condition  of  the
 5        vehicle at the time of recovery.
 6             (2)  Submits a copy of the police recovery report to
 7        the inspecting dealer.
 8             (3)  Paid  the  inspection  fee   charged   by   the
 9        franchised dealer.
10        The    manufacturer    shall   reinstate   the   original
11    manufacturer's warranty  if  a  vehicle  is  certified  by  a
12    franchised  dealer  as having complied with the provisions of
13    this  Section.   The  manufacturer  shall,  in  addition   to
14    reinstating  the  warranty,  provide the owner with a written
15    statement  indicating  that   the   original   manufacturer's
16    warranty has been reinstated.
17        (c)  Any licensed vehicle dealer that offers, provides or
18    sells  in-house  and  or  self-insured extended warranties or
19    service  contracts,  other  than   those   of   the   vehicle
20    manufacturer, shall retain adequate reserves or insurance for
21    the  protection of the purchasing consumer.  The Secretary of
22    State  shall  provide  by  rule  and   regulation   for   the
23    implementation of this requirement.
24        Nothing  in this Section shall affect a cause of action a
25    buyer may have against a dealer or manufacturer under present
26    applicable statutory or case law.
27    (Source: P.A. 89-189, eff. 1-1-96.)

28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.

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