Does the Oregon Lemon Law cover motorcycles?
July 21, 2015 2:07 PM   Subscribe

I purchased a 2014 Genuine Stella Automatic last fall, and it has been in and out of the shop ever since. I'm trying to figure out if I have any recourse for getting a refund or a replacement.

According to guidelines on this page, the bike would qualify as a lemon, but it is unclear from this page and others that I searched for whether or not motorcycles are covered.

The scooter has been in the shop repeatedly due to headlight and brake light failures. It is currently in the shop and has been there for over a month. The dealer keeps running into roadblocks for getting the bike fixed and at this point have no idea how much longer it will take them to fix it.

Also, it doesn't seem to be just my bike that is an issue, but most of the Stella Automatics seem to be pretty bad off. The dealer said they weren't ordering any more and that most of the ones they sold had various problems. The dealer also told me of another customer who got so fed up with the bike not working that they just left it with the dealer and told them to keep it. I'm certainly not at that point yet, and would like to salvage the situation monetarily as best I can.

Thanks!
posted by o0dano0o to Law & Government (6 answers total) 1 user marked this as a favorite
 
Best answer: I have no firsthand knowledge of this, but the consensus on Adventure Rider is (a) yes, Oregon's lemon law applies to motorcycles.

"Oregon’s lemon law extends protection to 2 years or 24,000 miles from the purchase or lease of a new vehicle.

At least three failed attempts to fix the problem must be made (at least one attempt if the problem is likely to cause injury or death), or the vehicle must be in the shop for 30 or more business days."
posted by workerant at 2:17 PM on July 21, 2015


Best answer: This BBB document (PDF) refers to Motorcycles and Motor Homes (last page).

Also:
"In Oregon, for instance, the Oregon Department of Justice notes that certain requirements are necessary in order for a vehicle owner to receive a vehicle replacement or reimbursement. For example, before January 1, 2008, a consumer could only use the lemon law if their vehicle was purchased in Oregon, and this law was amended to include motorcycles in 1989." (emphasis added) (cite)
posted by misterbrandt at 3:47 PM on July 21, 2015


The thing I wonder, though, is: does it qualify as a motorcycle? It would appear to be a scooter? Legally speaking, is a scooter a motorcycle? I'm not trying to be funny: I don't know the answer.
posted by doctor tough love at 11:08 PM on July 21, 2015


Scooters and motorcycles have different engines (and different names- a Stella scooter is not a motorcycle, sorry!) and usually different licensing rules, too. They're often considered a different class of vehicle. I would carefully research the engine and speed specs of your scoot and compare it to whatever your local laws say about motorcycles.

I am guessing that it isnt powerful enough to be protected under a lemon law for motorcycles, and that mopeds and scooters and dirt bikes don't have one.
posted by ElectricGoat at 4:16 AM on July 22, 2015


Your Stella may, in fact, be a motorcycle if it has the right size engine. I think Stellas are 150cc, right? Requires a license plate?

Probably a motorcycle.

In any case, Genuine Scooter Company has not, in my experience, been the most reliable company to deal with. My dealer and I chased a fuel pump gremlin for MONTHS on my Blur 220i, only to discover that it was simply a crap design issue that was easily solved with a zip tie.

GSC doesn't design the stuff - they bring it in from overseas and re-badge. As such, they're utter shite at technical support for dealers. There is a reason that actual Vespas cost what they do.

The folks on ModernBuddy are a fairly helpful lot with GSC scooters, and may be able to offer you (or your dealer) some advice/help with the failures.
posted by Thistledown at 5:22 AM on July 22, 2015


Response by poster: Thanks to everyone for their input.

The Stella Automatic is a 125cc, which in Oregon at least, qualifies as a motorcycle.

Genuine does seem to be a bit shady, and I'm truly sorry I ever bought one.

(I was just reunited with my Vespa GTS yesterday, and man what a delight it is!)
posted by o0dano0o at 9:36 AM on July 22, 2015 [1 favorite]


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