N.J. Admin. Code § 13:45A-26.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:45A-26.5 - Preliminary steps to initiate a Lemon Law action within the Division of Consumer Affairs Lemon Law Unit

(a) To initiate a claim within the Division of Consumer Affairs Lemon Law Unit under the Lemon Law:

1. Written notification of the potential claim shall be sent certified mail, return receipt requested, by or on behalf of a consumer, to the manufacturer of a nonconforming motor vehicle if and only after one of the following occurs during the first 24,000 miles of operation or within 24 months after the date of original delivery, whichever is earlier:

i. Except as set forth in (a)1iii below, substantially the same nonconformity has been subject to examination or repair two or more times by the manufacturer or its dealer and the nonconformity continues to exist;

ii. The motor vehicle has been out of service by reason of repair for one or more nonconformities for a minimum of 20 days, or in the case of a motor home, for a minimum of 45 days, since the original delivery of the motor vehicle, and a nonconformity continues to exist; or

iii. In the case of nonconformity that is likely to cause death or serious bodily injury if the vehicle is driven, the nonconformity has been subject to examination or repair at least once by the manufacturer or its dealer and the nonconformity continues to exist; and

2. The manufacturer has one more opportunity to examine, repair or correct the nonconformity within 10 days following receipt of the written notification from the consumer of a potential claim provided for in (a)1 above. If the nonconformity continues to exist after expiration of the 10-day time period and the manufacturer refuses to replace or refund the price of the vehicle, the consumer may pursue a Lemon Law claim with the Lemon Law Unit.

(b) Nothing contained in this section shall preclude a consumer from alternatively filing an action in Superior Court.

(c) When a motor home or authorized emergency vehicle has been constructed by more than one manufacturer, an examination or repair attempt will not count towards the examination or repair attempts referred to in (a)1 above, if the repair facility is not authorized to provide services by the manufacturer, co-manufacturer or post-manufacturing modifier who constructed the nonconforming portion of the vehicle.

(d) If a nonconformity in a motor home is addressed more than once due to a consumer's decision to continue travelling and to seek examination or repair of the same nonconformity at another authorized repair facility rather than waiting for the examination or repair to be completed at the initial repair facility, it shall constitute one examination or repair for the purpose of the examination or repair attempts referred to in (a)1 above.

N.J. Admin. Code § 13:45A-26.5

Amended by R.2006 d.141, effective 4/17/2006.
See: 37 N.J.R. 4369(a), 38 N.J.R. 1760(a).
Section heading was "Preliminary steps"; in introductory paragraph (a), added "within the Division of Consumer Affairs Lemon Law Unit" and substituted "shall" for "must"; in (a)2, substituted "a minimum of 20 days" for "a cumulative total of 20 or more days"; rewrote (b); added (c).
Amended by R.2010 d.166, effective 8/2/2010.
See: 41 N.J.R. 4187(a), 42 N.J.R. 1740(a).
In the introductory paragraph of (a), substituted a colon for ", written" at the end; inserted new designation (a)1; redesignated former (a)1 and (a)2 as (a)1i and (a)1ii; in the introductory paragraph of (a)1, inserted "Written", and substituted "and only after one" for "either" and "24,000" for "18,000"; in (a)1i, substituted "Except as set forth in (a)1iii below, substantially" for "Substantially", inserted "examination or", and deleted "or" at the end; in (a)1ii, inserted ", or in the case of a motor home, for a minimum of 45 days,", and substituted "; or" for a period at the end; added (a)1iii; redesignated former (b) as (a)2 and former (c) as (b); in (b)2, inserted "examine,", inserted "the" preceding "written", and inserted "provided for in (a)1 above"; and added new (c) and (d).
Amended by R.2012 d.016, effective 1/17/2012.
See: 43 N.J.R. 1130(a), 44 N.J.R. 166(b).
In (c), inserted "or authorized emergency vehicle" and ", co-manufacturer or post-manufacturing modifier", and substituted "vehicle" for "motor home".