Connecticut Lemon Law Statutes
From the State of Connecticut website:
Sec. 42-179. New motor vehicle warranties. Leased vehicles.
Resales. Transfers. Manufacturer buybacks.
(a) As used in this chapter:
(1) "Consumer" means the purchaser, other than for purposes of resale, of a
motor vehicle, a lessee of a motor vehicle, any person to whom such motor vehicle is
transferred during the duration of an express warranty applicable to such motor vehicle,
and any person entitled by the terms of such warranty to enforce the obligations of the
warranty; and
(2) "motor vehicle" means a passenger motor vehicle, a passenger and
commercial motor vehicle or a motorcycle, as defined in section 14-1, which is sold or
leased in this state.
(b) If a new motor vehicle does not conform to all applicable express warranties, and
the consumer reports the nonconformity to the manufacturer, its agent or its authorized
dealer during the period of two years following the date of original delivery of the motor
vehicle to a consumer or during the period of the first twenty-four thousand miles of
operation, whichever period ends first, the manufacturer, its agent or its authorized
dealer shall make such repairs as are necessary to conform the vehicle to such express
warranties, notwithstanding the fact that such repairs are made after the expiration of
the applicable period.
(c) No consumer shall be required to notify the manufacturer of a claim under this section
and sections 42-181 to 42-184, inclusive, unless the manufacturer has clearly and
conspicuously disclosed to the consumer, in the warranty or owner's manual, that written
notification of the nonconformity is required before the consumer may be eligible for a
refund or replacement of the vehicle. The manufacturer shall include with the warranty or
owner's manual the name and address to which the consumer shall send such written
notification.
(d) If the manufacturer or its agents or authorized dealers are unable to conform the
motor vehicle to any applicable express warranty by repairing or correcting any defect or
condition which substantially impairs the use, safety or value of the motor vehicle to the
consumer after a reasonable number of attempts, the manufacturer shall replace the motor
vehicle with a new motor vehicle acceptable to the consumer, or accept return of the
vehicle from the consumer and refund to the consumer, lessor and lienholder, if any, as
their interests may appear, the following:
(1) The full contract price, including but not limited to, charges for undercoating,
dealer preparation and transportation and installed options,
(2) all collateral charges, including but not limited to, sales tax, license and
registration fees, and similar government charges,
(3) all finance charges incurred by the consumer after he first reports the
nonconformity to the manufacturer, agent or dealer and during any subsequent period when
the vehicle is out of service by reason of repair, and
(4) all incidental damages as defined in section 42a-2-715, less a reasonable allowance
for the consumer's use of the vehicle. No authorized dealer shall be held liable by the
manufacturer for any refunds or vehicle replacements in the absence of evidence indicating
that dealership repairs have been carried out in a manner inconsistent with the
manufacturers' instructions. Refunds or replacements shall be made to the consumer, lessor
and lienholder if any, as their interests may appear. A reasonable allowance for use shall
be that amount obtained by multiplying the total contract price of the vehicle by a
fraction having as its denominator one hundred twenty thousand and having as its numerator
the number of miles that the vehicle traveled prior to the manufacturer's acceptance of
its return. It shall be an affirmative defense to any claim under this section (1) that an
alleged nonconformity does not substantially impair such use, safety or value or (2) that
a nonconformity is the result of abuse, neglect or unauthorized modifications or
alterations of a motor vehicle by a consumer.
(e) It shall be presumed that a reasonable number of attempts have been undertaken to
conform a motor vehicle to the applicable express warranties, if
(1) the same nonconformity has been subject to repair four or more times by the
manufacturer or its agents or authorized dealers during the period of two years following
the date of original delivery of the motor vehicle to a consumer or during the period of
the first twenty-four thousand miles of operation, whichever period ends first, but such
nonconformity continues to exist or
(2) the vehicle is out of service by reason of repair for a cumulative total of thirty
or more calendar days during the applicable period, determined pursuant to subdivision (1)
of this subsection. Such two-year period and such thirty-day period shall be extended by
any period of time during which repair services are not available to the consumer because
of a war, invasion, strike or fire, flood or other natural disaster. No claim shall be
made under this section unless at least one attempt to repair a nonconformity has been
made by the manufacturer or its agent or an authorized dealer or unless such manufacturer,
its agent or an authorized dealer has refused to attempt to repair such nonconformity.
(f) If a motor vehicle has a nonconformity which results in a condition which is likely
to cause death or serious bodily injury if the vehicle is driven, it shall be presumed
that a reasonable number of attempts have been undertaken to conform such vehicle to the
applicable express warranties if the nonconformity has been subject to repair at least
twice by the manufacturer or its agents or authorized dealers within the express warranty
term or during the period of one year following the date of the original delivery of the
motor vehicle to a consumer, whichever period ends first, but such nonconformity continues
to exist. The term of an express warranty and such one-year period shall be extended by
any period of time during which repair services are not available to the consumer because
of war, invasion, strike or fire, flood or other natural disaster.
(g)
(1) No motor vehicle which is returned to any person pursuant to any provision of this
chapter or in settlement of any dispute related to any complaint made under the provisions
of this chapter and which requires replacement or refund shall be resold, transferred or
leased in the state without clear and conspicuous written disclosure of the fact that such
motor vehicle was so returned prior to resale or lease. Such disclosure shall be affixed
to the motor vehicle and shall be included in any contract for sale or lease. The
Commissioner of Motor Vehicles shall, by regulations adopted in accordance with the
provisions of chapter 54, prescribe the form and content of any such disclosure statement
and establish provisions by which the commissioner may remove such written disclosure
after such time as the commissioner may determine that such motor vehicle is no longer
defective.
(2) If a manufacturer accepts the return of a motor vehicle or compensates any person
who accepts the return of a motor vehicle pursuant to subdivision (1) of this subsection
such manufacturer shall stamp the words "MANUFACTURER BUYBACK" clearly and
conspicuously on the face of the original title in letters at least one-quarter inch high
and, within ten days of receipt of the title, shall submit a copy of the stamped title to
the Department of Motor Vehicles. The Department of Motor Vehicles shall maintain a
listing of such buyback vehicles and in the case of any request for a title for a buyback
vehicle, shall cause the words "MANUFACTURER BUYBACK" to appear clearly and
conspicuously on the face of the new title in letters which are at least one-quarter inch
high. Any person who applies for a title shall disclose to the department the fact that
such vehicle was returned as set forth in this subsection.
(3) If a manufacturer accepts the return of a motor vehicle from a consumer due to a
nonconformity or defect, in exchange for a refund or a replacement vehicle, whether as a
result of an administrative or judicial determination, an arbitration proceeding or a
voluntary settlement, the manufacturer shall notify the Department of Motor Vehicles and
shall provide the department with all relevant information, including the year, make,
model, vehicle identification number and prior title number of the vehicle. The
Commissioner of Motor Vehicles shall adopt regulations in accordance with chapter 54
specifying the format and time period in which such information shall be provided and the
nature of any additional information which the commissioner may require.
(4) The provisions of this subsection shall apply to motor vehicles originally returned
in another state from a consumer due to a nonconformity or defect in exchange for a refund
or replacement vehicle and which a lessor or transferor with actual knowledge subsequently
sells, transfers or leases in this state.
(h) All express and implied warranties arising from the sale of a new motor vehicle
shall be subject to the provisions of part 3 of article 2 of title 42a.
(i) Nothing in this section shall in any way limit the rights or remedies which are
otherwise available to a consumer under any other law.
(j) If a manufacturer has established an informal dispute settlement procedure which is
certified by the Attorney General as complying in all respects with the provisions of
Title 16 Code of Federal Regulations Part 703, as in effect on October 1, 1982, and with
the provisions of subsection (b) of section 42-182, the provisions of subsection (d) of
this section concerning refunds or replacement shall not apply to any consumer who has not
first resorted to such procedure.
Sec. 42-179a. Copies of paperwork or invoices. A dealer
or authorized agent of a manufacturer shall, upon the request of a consumer, provide such
consumer with copies of any paperwork or invoices related to repair work performed on such
consumer's automobile in accordance with the provisions of subsection (b) of section
42-179. Any person who violates the provisions of this section shall be guilty of an
infraction.
Sec. 42-179b. Dealers and lessors to deliver information.
Each motor vehicle dealer, as defined in section 14-1, and each person engaged in the
business of leasing new motor vehicles shall, at the time of sale or execution of the
lease of any new motor vehicle, deliver to the consumer, as defined in subdivision (1) of
subsection (a) of section 42-179, of such vehicle written information, in a form approved
by the Commissioner of Consumer Protection, which explains the new automobile warranty and
dispute settlement program established pursuant to this chapter.
Sec. 42-180. Costs and attorney's fees in breach of warranty
actions. In any action by a consumer against the manufacturer of a motor vehicle,
or the manufacturer's agent or authorized dealer, based upon the alleged breach of an
express or implied warranty made in connection with the sale or lease of such motor
vehicle, the court, in its discretion, may award to the plaintiff his costs and reasonable
attorney's fees or, if the court determines that the action was brought without any
substantial justification, may award costs and reasonable attorney's fees to the
defendant.
Sec. 42-181. Department arbitration procedure. Records. Appeals.
(a) The Department of Consumer Protection, shall provide an independent arbitration
procedure for the settlement of disputes between consumers and manufacturers of motor
vehicles which do not conform to all applicable warranties under the terms of section
42-179. The commissioner shall establish one or more automobile dispute settlement panels
which shall consist of three members appointed by the Commissioner of Consumer Protection,
only one of whom may be directly involved in the manufacture, distribution, sale or
service of any product. Members shall be persons interested in consumer disputes and shall
serve without compensation for terms of two years at the discretion of the commissioner.
In lieu of referring an arbitration dispute to a panel established under the provisions of
this section, the Department of Consumer Protection may refer an arbitration dispute to
the American Arbitration Association in accordance with regulations adopted in accordance
with the provisions of chapter 54.
(b) If any motor vehicle purchased at any time on or after October 1, 1984, or leased at
any time on or after June 17, 1987, fails to conform to such applicable warranties as
defined in said section 42-179, a consumer may bring a grievance to an arbitration panel
if the manufacturer of the vehicle has not established an informal dispute settlement
procedure which the Attorney General has certified as complying in all respects with the
requirements of said section 42-179. The consumer may initiate a request for arbitration
by calling a toll-free telephone number designated by the commissioner or by requesting an
arbitration hearing in writing. The consumer shall file, on forms prescribed by the
commissioner, any information deemed relevant to the resolution of the dispute and shall
return the form accompanied by a filing fee of fifty dollars. Such complaint form shall
offer the consumer a choice of presenting any subsequent testimony orally or in writing.
Prior to submitting the complaint to an arbitration panel, the Department of Consumer
Protection shall conduct an initial review of the complaint. The department shall
determine whether the complaint should be accepted or rejected for arbitration based on
whether it alleges that the manufacturer has failed to comply with section 42-179. The
filing fee shall be refunded if the department determines that a complaint does not allege
a violation of any applicable warranty under the requirements of said section 42-179. Upon
acceptance of the complaint, the commissioner shall notify the manufacturer of the filing
of a request for arbitration and shall obtain from the manufacturer, in writing on a form
prescribed by the commissioner, any information deemed relevant to the resolution of the
dispute. The manufacturer shall return the form within fifteen days of receipt, together
with a filing fee of two hundred fifty dollars. A lessee who brings a grievance to an
arbitration panel under this section shall, upon filing the complaint form provided for in
this section, provide the lessor with notice by registered or certified mail, return
receipt requested, and the lessor may petition the arbitration panel to be made a party to
the arbitration proceedings. Initial determinations to reject a complaint for arbitration
shall be submitted to an arbitration panel for a final decision upon receipt of a written
request from the consumer for a review of the initial eligibility determination and a
filing fee of fifty dollars. If a complaint is accepted for arbitration, an arbitration
panel may determine that a complaint does not allege that the manufacturer has failed to
comply with section 42-179 at any time before such panel renders its decision on the
merits of the dispute. The fee accompanying the consumer's complaint form shall be
refunded to the consumer and the fee accompanying the form filed by the manufacturer shall
be refunded to the manufacturer if the arbitration panel determines that a complaint does
not allege a violation of the provisions of section 42-179.
(c) The Department of Consumer Protection shall investigate, gather and organize all
information necessary for a fair and timely decision in each dispute. The commissioner may
issue subpoenas on behalf of any arbitration panel to compel the attendance of witnesses
and the production of documents, papers and records relevant to the dispute. The
department shall forward a copy of all written testimony, including all documentary
evidence, to an independent technical expert certified by the National Institute of
Automotive Service Excellence or having a degree or other credentials from a nationally
recognized organization or institution attesting to automotive expertise, who shall review
such material and be available to advise and consult with the arbitration panel. An expert
shall sit as a nonvoting member of an arbitration panel whenever oral testimony is
presented. Such experts may be recommended by the Commissioner of Motor Vehicles at the
request of the Commissioner of Consumer Protection. An arbitration panel shall, as
expeditiously as possible, but not later than sixty days after the time the consumer files
the complaint form together with the filing fee, render a fair decision based on the
information gathered and disclose its findings and the reasons therefor to the parties
involved. The failure of the arbitrators to render a decision within sixty days shall not
void any subsequent decision or otherwise limit the powers of the arbitrators. The
arbitration panel shall base its determination of liability solely on whether the
manufacturer has failed to comply with section 42-179. The arbitration decision shall be
final and binding as to the rights of the parties pursuant to section 42-179, subject only
to judicial review as set forth in this subsection. The decision shall provide appropriate
remedies, including, but not limited to one or more of the following:
(1) Replacement of the vehicle with an identical or comparable new vehicle acceptable
to the consumer;
(2) Refund of the full contract price, plus collateral charges as specified in subsection
(d) of said section 42-179;
(3) Reimbursement for expenses and compensation for incidental damages as specified in
subsection (d) of said section 42-179;
(4) Any other remedies available under the applicable warranties, section 42-179, this
section and sections 42-182 to 42-184, inclusive, or the Magnuson-Moss Warranty-Federal
Trade Commission Improvement Act, 88 Stat. 2183 (1975), 15 USC 2301 et seq., as in effect
on October 1, 1982, other than repair of the vehicle. The decision shall specify a date
for performance and completion of all awarded remedies. Notwithstanding any provision of
the general statutes or any regulation to the contrary, the Department of Consumer
Protection shall not amend, reverse, rescind or revoke any decision or action of an
arbitration panel. The department shall contact the consumer, within ten working days
after the date for performance, to determine whether performance has occurred. The
manufacturer shall act in good faith in abiding by any arbitration decision. In addition,
either party to the arbitration may make application to the superior court for the
judicial district in which one of the parties resides or, when the court is not in
session, any judge thereof for an order confirming, vacating, modifying or correcting any
award, in accordance with the provisions of this section and sections 52-417, 52-418,
52-419 and 52-420. Upon filing such application the moving party shall mail a copy of the
application to the Attorney General and, upon entry of any judgment or decree, shall mail
a copy of such judgment or decree to the Attorney General. A review of such application
shall be confined to the record of the proceedings before the arbitration panel. The court
shall conduct a de novo review of the questions of law raised in the application. In
addition to the grounds set forth in sections 52-418 and 52-419, the court shall consider
questions of fact raised in the application. In reviewing questions of fact, the court
shall uphold the award unless it determines that the factual findings of the arbitrators
are not supported by substantial evidence in the record and that the substantial rights of
the moving party have been prejudiced. If the arbitrators fail to state findings or
reasons for the award, or the stated findings or reasons are inadequate, the court shall
search the record to determine whether a basis exists to uphold the award. If it is
determined by the court that the manufacturer has acted without good cause in bringing an
appeal of an award, the court, in its discretion, may grant to the consumer his costs and
reasonable attorney's fees. If the manufacturer fails to perform all awarded remedies by
the date for performance specified by the arbitrators, and the enforcement of the award
has not been stayed pursuant to subsection (c) of section 52-420, then each additional day
the manufacturer wilfully fails to comply shall be deemed a separate violation for
purposes of section 42-184.
(d) The department shall maintain such records of each dispute as the commissioner may
require, including an index of disputes by brand name and model. The department shall
annually compile and maintain statistics indicating the record of manufacturer compliance
with arbitration decisions and the number of refunds or replacements awarded. A copy of
the statistical summary shall be filed with the Commissioner of Motor Vehicles and shall
be considered by him in determining the issuance of any manufacturer license as required
under section 14-67a. The summary shall be a public record.
(e) If a manufacturer has not established an informal dispute settlement procedure
certified by the Attorney General as complying with the requirements of said section
42-179, public notice of the availability of the department's automobile dispute
settlement procedure shall be prominently posted in the place of business of each new car
dealer licensed by the Department of Motor Vehicles to engage in the sale of such
manufacturer's new motor vehicles. Display of such public notice shall be a condition of
licensure under sections 14-52 and 14-64. The Commissioner of Consumer Protection shall
determine the size, type face, form and wording of the sign required by this section,
which shall include the toll-free telephone number and the address to which requests for
the department's arbitration services may be sent.
(f) Any consumer injured by the operation of any procedure which does not conform with
procedures established by a manufacturer pursuant to subsection (b) of section 42-182 and
the provisions of Title 16 Code of Federal Regulations Part 703, as in effect on October
1, 1982, may appeal any decision rendered as the result of such a procedure by requesting
arbitration de novo of the dispute by an arbitration panel. Filing procedures and fees for
appeals shall be the same as those required in subsection (b) of this section. The
findings of the manufacturer's informal dispute settlement procedure may be admissible in
evidence at such arbitration panel hearing and in any civil action subsequently arising
out of any warranty obligation or matter related to the dispute. Any consumer so injured
may, in addition, request the Attorney General to investigate the manufacturer's procedure
to determine whether its certification shall be suspended or revoked after proper notice
and hearing. The Attorney General shall establish procedures for processing such consumer
complaints and maintain a record of the disposition of such complaints, which record shall
be included in the annual report prepared in accordance with the provisions of subsection
(a) of section 42-182.
(g) The Commissioner of Consumer Protection shall adopt regulations, in accordance with
the provisions of chapter 54, to carry out the purposes of this section. Written copies of
the regulations and appropriate arbitration hearing procedures shall be provided to any
person upon request.
Sec. 42-182. Certification of manufacturer's informal dispute
settlement procedures.
(a) The Attorney General shall prepare an annual report evaluating the operation of
informal dispute settlement procedures established by manufacturers of new motor vehicles
and shall issue a certificate of approval to those manufacturers whose settlement
procedures comply in all respects with the provisions of Title 16 Code of Federal
Regulations Part 703, as in effect on October 1, 1982, and with the provisions of
subsection (b) of this section. The report and certification shall be public records. The
Attorney General or an agent authorized by him may conduct any inquiry or investigation in
connection with the certification or evaluation of a manufacturer's informal dispute
settlement procedure and may hold hearings, issue subpoenas requiring the attendance of
witnesses and the production of records, documents or other evidence in connection
therewith, administer oaths, examine witnesses, receive oral and documentary evidence and
issue written interrogatories prescribing a return date which would allow a reasonable
time to respond, which responses shall be under oath. Service of subpoenas compelling
testimony or the production of documents and written interrogatories as provided herein,
may be made by (1) personal service or service at the usual place of abode; or (2)
registered or certified mail, return receipt requested, a duly executed copy of which
shall be addressed to the person to be served at his principal place of business in this
state, or, if said person has no principal place of business in this state, to his
principal office or to his residence. In the event that any person shall fail to comply
with a subpoena or with interrogatories issued pursuant to this section, the Attorney
General or an agent authorized by him may apply to the superior court for the judicial
district of Hartford for compliance, which court may, upon notice to such person, issue an
order requiring such compliance, which shall be served upon such person. Hearings under
this subsection shall be held in the manner provided for contested cases under sections
4-176e to 4-181a, inclusive, except that no informal disposition may be made by
stipulation, agreed settlement, consent order or default, in any proceeding concerning the
certification of an automobile manufacturer's informal dispute settlement procedure unless
such proceeding is open to the public in accordance with the provisions of section 1-225.
The Attorney General, after notice and hearing, may suspend or revoke the certification of
an automobile manufacturer's informal dispute settlement procedure which violates the
provisions of subsection (b) of this section or the provisions of Title 16 Code of Federal
Regulations Part 703, as in effect on October 1, 1982. Any person aggrieved by a decision
of the Attorney General or his authorized agent, may appeal in accordance with the
provisions of sections 4-183 and 4-184. Section 4-184a shall be applicable to such
appeals. Hearings, meetings and conferences, except telephone conversations, relating to
evaluation and certification shall be open to the public in accordance with the provisions
of section 1-225. If the Attorney General certifies a manufacturer's informal dispute
settlement procedure, the provisions of subsection (d) of section 42-179 concerning
refunds or replacement shall not apply to any consumer who has not first resorted to such
procedure. A copy of the Attorney General's report and certification shall be forwarded by
the Attorney General to the Commissioner of Motor Vehicles, who may consider such report
and certification in determining the fitness of an applicant for a manufacturer's license
to engage in business as a manufacturer of motor vehicles for sale in this state, as
provided for in section 14-67a.
(b) A manufacturer's informal dispute procedure shall not include any practices which: (1)
Delay a decision in any dispute beyond sixty days after the date on which the consumer
initially resorts to the informal dispute settlement procedure either by a telephone call
or by written notification that a dispute exists; (2) delay performance of remedies
awarded in a settlement beyond ten days after receipt of notice of the consumer's
acceptance of the decision, except that a manufacturer may have thirty days following the
date of such receipt to deliver a replacement of a motor vehicle acceptable to the
consumer or to refund the full contract price of the vehicle together with all collateral
charges, and all consequential and incidental damages as defined in said section 42-179;
(3) require the consumer to make the vehicle available more than once for inspection by a
manufacturer's representative, and more than once for repair of the same defect by a
dealer, in which cases, and upon proof of the consumer's financial responsibility in
accordance with the provisions of section 14-112, the manufacturer of the defective
vehicle shall provide for the loan of a reliable vehicle, not more than two years old, for
use during the periods required for inspection or repair; (4) fail to consider in
decisions any remedies provided by sections 42-179 and 42-181, this section and sections
42-183 and 42-184, such remedies to include (A) repair, replacement and refund, (B)
reimbursement for expenses and collateral charges, (C) compensation for consequential and
incidental damages as defined in said section 42-179 and (D) any other remedies available
under applicable express or implied warranties; (5) require the consumer to take any
action or assume any obligation not specifically authorized under the provisions of Title
16 Code of Federal Regulations Part 703, as in effect on October 1, 1982; or (6) fail to
conform to all applicable standards and requirements of this chapter in the processing of
consumer complaints.
(c) Any manufacturer operating or participating in an informal dispute settlement
procedure for resolving disputes with consumers in this state shall be required to
maintain records which indicate the number of: (1) Vehicles sold in this state during the
reporting period; (2) telephone and written requests from consumers to enter the dispute
resolution program; (3) requests rejected as ineligible for the program; (4) requests
accepted for resolution by the program; (5) cases in which a decision was reached and the
manufacturer has complied with the decision within the time period for compliance
established by the decision; (6) cases in which a decision was reached and the
manufacturer's compliance occurred after the expiration of the time period for compliance
established by the decision; (7) cases in which a decision was reached, the time period
for compliance has expired and the manufacturer has not complied with such decision; (8)
cases in which a decision was reached and the time period for compliance has not yet
expired; (9) cases in which a decision awarded no relief to the consumer; (10) cases in
which a decision awarded the consumer further repair or extended warranty; (11) cases in
which a decision required the manufacturer to accept the return of the vehicle and a
refund was issued to the consumer; (12) cases in which a decision required the
manufacturer to accept the return of the vehicle and a replacement vehicle was provided to
the consumer; (13) cases in which a decision is pending; (14) cases in which the consumer
accepted the decision; (15) cases in which the consumer rejected the decision; (16) cases
resolved by predecision settlement.
Sec. 42-183. Institution of proceedings. The
Commissioner of Consumer Protection may, in consultation with the Commissioner of Motor
Vehicles, request institution of proceedings under section 14-67c against any manufacturer
found to have failed to comply with the provisions of sections 42-179, 42-181 and 42-182,
this section and section 42-184.
Sec. 42-184. Unfair trade practices. A violation of any
of the provisions of sections 42-179 and 42-181 to 42-183, inclusive, shall be deemed an
unfair or deceptive trade practice under chapter 735a.
Sec. 42-185. Waiver of filing fees, statement prohibited.
Notwithstanding the provisions of any general statute, regulation or grant of authority to
the contrary, no filing fee or statement required under the provisions of this chapter
shall be waived, refunded, reduced or withheld from use, by the state pursuant to any
contract, stipulated settlement, consent order, administrative directive or by any other
means except as provided in this chapter or by order of a court of competent jurisdiction
made upon proof of economic hardship and a finding that such settlement, consent order,
directive or other action is in the public interest.
Sec. 42-186. Action brought by lessee against manufacturer. Lessee to
notify lessor. Lessor authorized to petition to be made a party to proceeding. In any
action by a consumer who is a lessee against the manufacturer of a motor vehicle, or the
manufacturer's agent or authorized dealer, based upon the alleged breach of an express or
implied warranty made in connection with the lease of such motor vehicle pursuant to
section 42-179, the lessee shall, at the time of the service of process upon such
manufacturer, manufacturer's agent or authorized dealer, notify the lessor of such motor
vehicle of such action by registered or certified mail, return receipt requested, and such
lessor may petition the court to be made a party to the proceedings.
Sec. 42-190. New automobile warranties account surcharge. Account.
(a) A new automobile warranties account surcharge is hereby imposed on the sale or
lease of each new motor vehicle, as defined in section 42-179, sold or leased in this
state by any person licensed to offer such vehicles for sale under section 14-52. Such
surcharge shall be in addition to any tax otherwise applicable to any such sales
transaction.
(b) The surcharge assessed pursuant to this section shall be at a rate of three dollars
per motor vehicle, as defined in section 42-179. Such surcharge shall be collected by each
licensee under section 14-52 engaged in the sale or lease of motor vehicles, as defined in
section 42-179, in this state.
(c) Proceeds collected from surcharges assessed under this section shall be deposited in
the new automobile warranties account established pursuant to subsection (d) of this
section.
(d) There is established a separate, nonlapsing account, within the General Fund, to be
known as the "new automobile warranties account". The account may contain any
moneys required by law to be deposited in the account. The moneys in said account shall be
allocated to the Department of Consumer Protection to carry out the purposes of this
chapter.
Secs. 42-191 to 42-199. Reserved for future use.
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