Petitioner contends that his 2016 Nissan Titan XD suffers from a condition in which there is a rough shift between first and second gears, and that the vehicle’s RPM’s surge and it lurches forward at times. Petitioner alleges that these are defects which substantially impairs the use, value, and safety of the vehicle within the meaning of the Lemon Law. Respondent maintains that the vehicle performs the way it is supposed to, and that the conditions described by the petitioner are normal for the vehicle in question.

TESTIMONY AND FACTUAL FINDINGS

Scott Policastro testified that he purchased the 2016 Nissan Titan XD (VIN # 1N6BA1F42GN508146) on April 16, 2016, from Sansone Jr’s 66 Automall, in Neptune, New Jersey. He testified that he has brought the vehicle into the dealership four times for repairs. The vehicle has been out of service for a total of sixteen days. He testified that the issues relate the shifting between first and second gear. He testified that he is familiar with driving trucks and that the rough shift was not normal. He also testified that the RPM’s would surge and the vehicle would surge forward at times when he was slowing or at a stop.
He brought the vehicle in on May 25, 2016. At that time, there were minor issues with the outlet cover, a water leak and the driver’s side door, which were repaired. However, he reported the rough shift between gears one and two. The dealer acknowledged the issue and reprogramed the transmission control module (TCM). He testified that after the vehicle was returned to him, the truck still had a rough shift between the first and second gears, and he returned it for service on July 26, 2016. They reprogrammed the TCM again and claimed the issued had been resolved. He testified that the rough shift continued as did the surging when the truck was slowed or at a stop. He testified that the dealer told him at that time that the rough shift was normal in this vehicle. He brought the vehicle in again on August 2, 2016, and again reported the rough shift between gears one and two, and the lunging forward when slowed or stopped. The repair invoice indicates that the concerns did not repeat for the dealer and that the vehicle was operating within factory specs.