A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-28-10, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE ENFORCEMENT OF VEHICLE EXPRESS WARRANTIES, SO AS TO REDEFINE THE TERM "MOTOR VEHICLES" AND TO PROVIDE ADDITIONAL TERMS AND THEIR DEFINITIONS; AND BY ADDING SECTION 56-28-15 SO AS TO PROVIDE MANUFACTURERS OF RECREATIONAL VEHICLES MUST REPLACE OR REPURCHASE CERTAIN VEHICLES THAT ARE FOUND TO CONTAIN DEFECTS OR HAVE CONDITIONS THAT IMPAIR THEIR USE, VALUE, OR SAFETY.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 56-28-10 of the S.C. Code is amended to read:

 

    Section 56-28-10.  As used in this chapter:

    (1) "Consumer" means the purchaser or lessor, other than for purposes of resale, of a motor vehicle normally used for personal, family, or household purposes and subject to the manufacturer's express warranty, and any other person entitled by the warranty to enforce the obligations of the warranty.

    (2) "Manufacturer" means any person, resident, or nonresident, who manufactures or assembles or imports or distributes new motor vehicles which are to be sold in the State.

    (3) "Manufacturer's express warranty" or "warranty" means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.

    (4) "Motor vehicle" means: a new motor vehicle that is sold in this State and is primarily used for personal, family, or household purposes and that is required to be registered and titled under the laws of this State. The term includes passenger vehicles, pickup trucks, vans, and recreational vehicles, as defined in this section. The term does not include motorcycles, off-road vehicles, commercial vehicles with a gross vehicle weight rating of more than ten thousand pounds, or vehicles used primarily for business or commercial purposes.

       (a) a private passenger motor vehicle, as classified by Section 56-3-630, but excluding the living portion of recreational vehicles and off-road vehicles, which is sold and registered in this State; and

       (b) a motorcycle as defined in Section 56-1-10(8), including a motorcycle three-wheel vehicle as defined in Section 56-1-10(18), which is sold and registered in this State.

    (5) A "new motor vehicle" means a motor vehicle which has been sold to a new motor vehicle dealer by a manufacturer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer.

    (6) "Nonconformity" means a defect or condition that substantially impairs the use, value, or safety of a motor vehicle, but does not include a defect or condition that results from an accident, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent.

    (7) "Recreational vehicle" means a vehicle designed or adapted to provide temporary living quarters for recreational, camping, or travel use and that is required to be titled or registered in this State. The term includes:

       (1) a travel trailer;

       (2) a fifth-wheel trailer;

       (3) a motor home; and

       (4) a truck camper.

    (8) "Travel trailer" means a vehicular unit, mounted on wheels, designed to be towed by a motor vehicle and used primarily for temporary living quarters for recreational, camping, or travel purposes.

    (9) "Fifth-wheel trailer" means a recreational vehicle designed to be towed by a pickup truck or similar vehicle by means of a fifth-wheel coupling device.

    (10) "Truck camper" means a structure designed to be mounted in or on a pickup truck and used as temporary living quarters.

 

SECTION 2.  Chapter 28, Title 56 of the S.C. Code is amended by adding:

 

    Section 56-28-15.  (A) For purposes of recreational vehicles covered under this chapter, a manufacturer shall replace or repurchase the recreational vehicle if:

       (1) the recreational vehicle has a defect or condition that substantially impairs its use, value, or safety; and

       (2) the manufacturer, its agent, or its authorized dealer has been unable to repair the defect after a reasonable number of attempts.

    (B) A reasonable number of attempts is presumed to have been undertaken if, within the first twelve months following delivery to the consumer or the first twelve thousand miles of use, if applicable, whichever occurs first:

       (1) the same nonconformity has been subject to repair three or more times and continues to exist; or

       (2) the recreational vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days.

    (C) Coverage under this chapter for recreational vehicles applies to structural components and permanently installed systems of the unit including, but not limited to, plumbing, electrical, heating, cooling, and chassis components.

    (D) This chapter does not apply to:

       (1) appliances or components that are separately warranted by their individual manufacturer;

       (2) normal wear and tear items;

       (3) defects or damage caused by owner modification, abuse, neglect, or unauthorized alteration; or

       (4) recreational vehicles used primarily for business, rental, or commercial purposes.

(E) This section applies to recreational vehicles sold or leased on or after January 1, 2027.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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