Chapter 17 - Motor Vehicles
CHAPTER 17 - MOTOR VEHICLES
40-17-101. Definitions; express warranties; duty to make warrantyrepairs.
(a) As used in this section:
(i) "Consumer" means any person:
(A) Who purchases a motor vehicle, other than for the purposeof resale, to which an express warranty applies; or
(B) To whom a motor vehicle is transferred during the term ofan express warranty applicable to the motor vehicle; or
(C) Entitled by the terms of an express warranty applicable toa motor vehicle to enforce it.
(ii) "Motor vehicle" means every vehicle under tenthousand (10,000) pounds unladen weight, sold or registered in the state, whichis self-propelled except vehicles moved solely by human power;
(iii) "Reasonable allowance for consumer's use" meansan amount directly attributable to use of the motor vehicle prior to the firstreport of the nonconformity to the manufacturer, agent or dealer and during anysubsequent period when the motor vehicle is not out of service due to repair;
(iv) "Manufacturers' express warranty or warranty"means the written warranty, so labeled, of the manufacturer of a new motorvehicle, including any terms or conditions precedent to the enforcement ofobligations under warranty.
(b) If a new motor vehicle does not conform to all applicableexpress warranties and the consumer reports the nonconformity to themanufacturer, its agent or its authorized dealer within one (1) year followingthe original delivery of the motor vehicle to the consumer, the manufacturer,its agent or authorized dealer shall make repairs necessary to conform thevehicle to the express warranties. The necessary repairs shall be made even ifthe one (1) year period has expired.
(c) If the manufacturer, its agents or authorized dealers areunable to conform the motor vehicle to any applicable express warranty byrepairing or correcting any defect or condition which substantially impairs theuse and fair market value of the motor vehicle to the consumer after areasonable number of attempts, the manufacturer shall:
(i) Replace the motor vehicle with a new or comparable motorvehicle of the same type and similarly equipped; or
(ii) Accept return of the motor vehicle and refund to theconsumer and any lienholder as their interest may appear the full purchaseprice including all collateral charges less a reasonable allowance forconsumer's use.
(d) It is presumed that a reasonable number of attempts havebeen undertaken to conform a motor vehicle to express warranty if within one(1) year following the original delivery of the motor vehicle to the consumer,whichever is later:
(i) The same nonconformity has been subject to repair more thanthree (3) times by the manufacturer, its agents or its authorized dealers andthe same nonconformity continues to exist; or
(ii) The vehicle is out of service due to repair for acumulative total of thirty (30) business days.
(e) Nothing in this section shall be construed to limit therights or remedies of a consumer under any other statute.
(f) Subsection (c) of this section does not apply to anyconsumer who has failed to exhaust his remedies under a manufacturer's informaldispute settlement procedure if a procedure exists and is in compliance withapplicable federal statute and regulation.
(g) It is an affirmative defense to any claim under thissection that:
(i) An alleged nonconformity does not substantially impair theuse and fair market value of the motor vehicle; or
(ii) A nonconformity is the result of abuse, neglect orunauthorized modification or alteration of a motor vehicle by a consumer.
(h) In no event shall the presumption herein provided insubsection (d) of this section apply against a manufacturer unless themanufacturer has received prior direct written notification from or on behalfof the consumer and has had a reasonable opportunity to cure the alleged defect.
(j) Any consumer injured by a violation of this section maybring a civil action to enforce this section and may recover reasonableattorney's fees from the manufacturer who issued the express warranty.
40-17-102. Motor carrier indemnity agreements void.
(a) Notwithstanding any other provision of law, any provision,clause, covenant or agreement contained in a motor carrier transportationcontract or a related access agreement under which the motor carriertransporter enters on property for the purpose of loading, unloading ortransporting property, to the extent that the contract purports to indemnify,defend or hold harmless or has the effect of indemnifying, defending or holdingharmless the indemnitee from or against any liability for loss or damageresulting from its own negligence or intentional acts or omissions is againstthe public policy of this state and is void and unenforceable. For purposes ofthis section, "motor carrier transportation contract" means acontract, agreement or understanding regarding:
(i) The transportation of property for compensation or hire;
(ii) Entrance on property for the purpose of loading, unloadingor transporting property for compensation or hire; or
(iii) A service incidental to activity described in paragraphs(i) and (ii) of this subsection.
(b) Subsection (a) of this section shall not apply to acontract, subcontract or agreement that concerns or affects transportationinvolving a railroad. As used in this section, "motor carriertransportation contract" shall not include the uniform intermodalinterchange and facilities access agreement administered by the intermodalassociation of North America, or other agreements providing for the interchange,use or possession of intermodal chassis, containers or other intermodalequipment.