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March 1994 |
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March 1994 |
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"It didn't work right," said Mellon," and I kept sending it back." It was a war of attrition to Tony Mellon, a very wrong kind of war. "I would send it to them, and they always sent it back...still not working. This went on for almost two years before I just got tired of it. Now, it's in the basement, and I'm using the chair I had before all this started -- even though I've got to repair it all the time."
Tony Mellon's experience is, unfortunately, not unique. In fact, it is because of his experience and those of others that MD TAP had become interested in pursuing Maryland legislation that would afford additional consumer protection in cases involving motorized wheelchair and scooter warranty issues.
In collaboration with Lisa Williams, Legislative Analyst with the Office for Individuals with Disabilities (OID), and Diane Ebberts, OID Executive Director, MD TAP researched similar legislation across the country. Individuals and organizations throughout Maryland were surveyed, with the assistance of the Spinal Cord Injury Network, to identify common concerned regarding the need for legislation. Lemon Laws were already in effect in four other states.
The survey effort resulted in what is now House Bill 491 -- the Motorized Wheelchair Warranty Enforcement Act -- introduced January 27, 1994 by the OID.
Locally known as the "lemon" law, this legislation defines a "lemon" as a motorized wheelchair or scooter with a "substantial" defect, which the manufacturer or it's authorized dealer has unsuccessfully attempted to repair at least four times, or which has been out of service because of "substantial" defects for a total of 30 calendar days within 1 year after first delivery to the consumer. The 30 days DO NOT have to be consecutive.
Having been read during session in January, the Bill was assigned to the House Economic Matters Committee, where it awaits a second reading in the House. It is during this period that individuals should express support or opposition to this legislation. Comment can be made in writing, by phone or in person, and should be directed to the members of the House Economic Matters Committee, Lowe House Office Building, Annapolis, MD 21401-1991.
For additional information about the Motorized Wheelchair
Warranty Enforcement Act, or for a MD TAP Fact Sheet on contacting
your representatives in Annapolis, call:
Pat Ourand
Governor's Office for Individuals with Disabilities
Maryland Technology Assistance Program (MD TAP)
1-800-834-4827
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