In Arizona, we like to get outside and ride! One of the best parts about Arizona is the beautiful weather, which allows us the ability to ride our motorcycles and offroad vehicles basically year around. But expensive toys like these aren’t very fun when they’re broken down and can even put you in a life-threatening situation if you’re caught unprepared. That’s why it’s important to know your consumer rights when you purchase a motorcycle or offroad vehicle, so you know exactly what to expect if something goes wrong.
Understandably, most people don’t think about the fine print of their warranty terms or legal rights until they start having repair issues. And most people are surprised to learn that in Arizona, the Lemon Law doesn’t apply to dirt bikes and offroad vehicles like it does street bikes or regular cars or trucks. To qualify under the Lemon Law, your motor vehicle must be “designated primarily for the transportation of person or property over public highways.” See A.R.S. § 44-1261(A)(1).
Even if licensed for the street, most offroad vehicles like ATVs, UTVs, and dirt bikes unfortunately do not qualify because their primary use is not for the highways. On the other hand, dual-purpose motorcycles—sometimes called dual-sport or adventure motorcycles—are both street legal and designed for going offroad. Built on a dirt bike chassis, these motorcycles have added lights, mirrors, and signals, which allow them to be licensed and qualify under the Lemon Law. Other products like scooters and mopeds may also qualify, as long as their top speed allows for normal highway use.
If you purchased an offroad vehicle you think is a Lemon, you may still have a case even if your product is not specifically covered by the state Lemon Law. There is a federal law that may still apply to your situation—the Magnuson-Moss Warranty Act (MMWA). See 15 U.S.C § 2301 et seq. Under the MMWA, you can still pursue a breach of warranty claim even if your product is not covered by the state Lemon Law.
To find out if the Lemon Law applies to your specific situation, please fill out our Free Case Review or give us a call at (480) 480-1014 to speak to an attorney at no cost.
