Pennsylvania Act 1994-95 — VEHICLE CODE (75 PA.C.S.) - AMEND VEHICLE EMISSION INSPECTION

Act text

VEHICLE CODE (75 PA.C.S.) - AMEND VEHICLE EMISSION INSPECTION
                  Act of Nov. 16, 1994, P.L. 614, No. 95              Cl. 75
                             Session of 1994
                               No. 1994-95

     HB 1514

                                  AN ACT

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, further providing for the suspension of operating
        privileges for failure to respond to a citation and for the
        enhanced vehicle emission inspection program.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 1533 of Title 75 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 1533.  Suspension of operating privilege for failure to
                respond to citation.
        (a)  Violations within Commonwealth.--The department shall
     suspend the operating privilege of any person who has failed to
     respond to a citation or summons to appear before an issuing
     authority or a court of competent jurisdiction of this
     Commonwealth [or of any state] for any violation of this title,
     other than parking, or who has failed to pay any fine or costs
     imposed by an issuing authority or such courts for any violation
     of this title, other than parking, upon being duly notified [in
     accordance with general rules] by an issuing authority or a
     court of this Commonwealth. [There shall be 15 days to respond
     to such notification before suspension is imposed. The
     suspension shall be for an indefinite period until such person
     shall respond and pay any fines and penalties imposed. Such
     suspension shall be in addition to the requirement of
     withholding renewal or reinstatement of a violator's driver's
     license as prescribed in section 1503(c) (relating to persons
     ineligible for licensing).]
        (b)  Violations outside Commonwealth.--The department shall
     suspend the operating privilege of any person who has failed to
     respond to a citation, summons or similar writ to appear before
     a court of competent jurisdiction of the United States or any
     state which has entered into an enforcement agreement with the
     department, as authorized by section 6146 (relating to
     enforcement agreements), for any violation of the motor vehicle
     laws of such state, other than parking, or who has failed to pay
     any fine or costs imposed by such court upon being duly notified
     in accordance with the laws of such jurisdiction in which the
     violation occurred. A person who provides proof, satisfactory to
     the department, that the full amount of the fine and costs has
     been forwarded to the court shall not be regarded as having
     failed to respond for the purposes of this subsection.
        (c)  Time for responding to notice.--At least 15 days before
     an issuing authority or court notifies the department to impose
     a suspension pursuant to subsection (a), the issuing authority
     or court shall notify the person in writing of the requirement
     to respond to the citation and pay all fines and penalties
     imposed by the issuing authority or court.
        (d)  Period of suspension.--The suspension shall continue
     until such person shall respond to the citation, summons or
     writ, as the case may be, and pay all fines and penalties
     imposed or enter into an agreement to make installment payments
     for the fines and penalties imposed provided that the suspension
     may be reimposed by the department if the defendant fails to
     make regular installment payments.
        (e)  Remedy cumulative.--A suspension under this section
     shall be in addition to the requirement of withholding renewal
     or reinstatement of a violator's driver's license as prescribed
     in section 1503(a) (relating to persons ineligible for
     licensing).
        (f)  Admissibility of documents.--A copy of a document issued
     by a court or issuing authority of this Commonwealth or by an
     official of another state shall be admissible for the purpose of
     proving a violation of this section.
        Section 2.  Section 4706 of Title 75 is amended to read:
      § 4706.  Prohibition on expenditures for emission inspection
                program.
        (a)  General rule.--Except as provided in subsection (b),
     neither the department nor any other department or agency of the
     executive branch of State government shall expend any public
     funds for the establishment and administration of any system for
     the periodic inspection of emissions or emission systems of
     motor vehicles.
        (b)  Exception.--The provisions of subsection (a) shall not
     apply when the secretary shall certify that a system is required
     to comply with Federal law and is necessary for the Commonwealth
     to receive or avoid the loss of Federal funds in which case the
     department may establish and administer such a system for motor
     vehicles registered in areas where periodic inspection of
     emissions or emission systems of motor vehicles is required by
     the Environmental Protection Agency of the United States or
     decrees of the courts of the United States.
        (b.1)  Further exception.--
            (1)  The provisions of subsection (a) shall not apply if
        the secretary shall certify that a system is required to
        comply with the Clean Air Act (Public Law 95-95, 42 U.S.C. §
        7401 et seq.) and subsequent amendments or a final decree of
        a Federal court and is necessary for the Commonwealth to
        receive or avoid the loss of Federal funds, in which case the
        department shall establish and administer an enhanced
        emission inspection program. This program shall be
        established in all areas of this Commonwealth where the
        secretary certifies by publication in the Pennsylvania
        Bulletin that a system is required in order to comply with
        Federal law. Any area, counties, county or portion thereof
        certified to be in the program by the secretary must be
        mandated to be in the program by Federal law. If a petition
        is required to be sent to the Federal Government in order for
        any counties, county or portions of any county to be exempted
        from the emission inspection program, the secretary shall
        petition the Federal Government on behalf of any counties,
        county or portion of any county that may qualify for an
        exemption. In cases where more than one county within a
        metropolitan statistical area may be exempted from the
        emissions inspection program, the county with the lowest
        population per square mile shall be exempted first. In cases
        where only portions of one county may be exempted from the
        emissions inspection program, the areas with the lowest
        population per area of postal zip code coverage region shall
        be exempted first. If the secretary establishes a centralized
        inspection program, the following limitations shall be
        applicable:
                (i)  Vehicle emission inspection shall be on a
            biennial basis.
                (ii)  No vehicle repairs or vehicle safety
            inspections shall be performed at any centralized
            emission inspection facility.
                (iii)  No contractor providing centralized inspection
            shall own or have any business interest in any vehicle
            repair facility in this Commonwealth.
                (iv)  For the purposes of this chapter, the
            department may issue a contract for a period of seven
            years or more to the successful bidder for the
            establishment and operation of a centralized program for
            emissions testing.
                (v)  The department shall promulgate regulations for
            the conduct, supervision and qualification of a
            contractor, its principals, employees or agents providing
            centralized emission testing which shall include a
            schedule of offenses punishable by fine of up to $20,000
            and shall make provision for the discipline, termination,
            suspension and/or debarment of a contractor, its
            principals, employees or agents for the violation of a
            regulation pertaining to the emission testing program.
            (2)  At least 60 days prior to the implementation of any
        enhanced emission inspection program developed under this
        subsection, the Secretary of Transportation shall certify by
        notice in the Pennsylvania Bulletin that an enhanced emission
        inspection program will commence.
        (b.2)  Restrictions on exceptions.--Notwithstanding any other
     provision or requirement contained in this title, no provision
     or requirement of this section shall be more stringent or
     restrictive than those required by the Clean Air Act. No
     allowable vehicle emission standard shall be more restrictive
     than that originally certified for the subject vehicle at the
     time of manufacture.
        (b.3)  Fees.--The test fee shall not exceed $22 every two
     years.
        (b.4)  Audits.--The department shall perform covert audits of
     all licensed facilities on a monthly basis. The penalties for
     violations shall be the same as found in subsection (b.1)(1)(v)
     and shall apply to both centralized and test and repair
     inspection stations.
        (b.5)  Repairs covered by warranty.--The inspection shall be
     performed so that when vehicles tested under warranty are
     repaired, such repairs must be covered by the vehicle
     manufacturer's warranty provisions.
        (b.6)  Retests.--The first retest performed for a vehicle
     that has failed will be free.
        (b.7)  Waiver.--The waiver shall be based upon each biennial
     inspection regardless if the vehicle was inspected at a
     centralized emission inspection facility or at an enhanced or
     basic decentralized vehicle emission inspection and maintenance
     facility.
        (b.8)  Computer costs.--The cost of connect into the
     department's computer to facilitate registration, renewal and
     denial will be borne by both the centralized and the enhanced or
     basic decentralized emission facilities.
        (c)  Evidence of emission inspection.--
            (1)  The department shall issue evidence of emission
        inspection through an official emission inspection station or
        an authorized agent of the department, valid until the next
        scheduled emission inspection, for a subject motor vehicle
        which meets the following criteria:
                (i)  The subject vehicle has passed an inspection or
            a reinspection performed by the emission inspection
            station and all required emission control devices are
            installed.
                (ii)  The subject vehicle is exempt pursuant to the
            provisions of section 4702(g) (relating to requirement
            for periodic inspection of vehicles).
            (2)  When a subject vehicle has failed the emission
        inspection test and continues to fail after the owner has
        expended an amount at least equal to the total cost
        limitation as provided in paragraph (3), the owner may apply
        for a waiver. For the purpose of determining qualification
        for a waiver, the cost of necessary repairs shall not include
        the costs covered by any warranty, insurance policy or
        prepaid maintenance agreement or the costs as referred to in
        paragraph (4).
            (3)  The waiver limit shall be the minimum required by
        Federal law. The costs mandated by this subsection do not
        include any costs recoverable under warranty, insurance
        policy or prepaid maintenance agreement.
            (4)  Any expenses incurred in the repair of emission
        control devices found to be tampered with or rendered
        inoperative or which are not installed shall not be included
        in the total cost limitation of paragraph (3).
            (5)  It is unlawful to operate a subject vehicle without
        evidence of emission inspection or certification by an
        authorized agent, provided that it shall be lawful for a
        motor vehicle to be operated by the vehicle owner while en
        route to an emissions inspection station or to a vehicle
        repair facility where an appointment for emissions-related
        repairs has been scheduled and, provided further, that such
        operation occurs no later than ten days after the expiration
        of valid evidence of emission inspection issued under this
        title.
            (6)  Subject vehicles presented for emission inspection
        after the assigned emission inspection deadline shall be
        charged $10 for each month or portion thereof past the due
        date in addition to the emission inspection fee, except as
        provided in regulations promulgated by the department.
        (d)  Coordination with vehicle registration.--Whenever a
     system for the periodic inspection of emissions or emission
     systems is established as authorized in subsections (b) and
     (b.1), such inspection of emissions or emission systems shall be
     coordinated with the vehicle registration period.
        (e)  Regulations.--Upon certification by the secretary of the
     need to comply with Federal law, the department shall promulgate
     such regulations as may be necessary to implement the emission
     inspection program but it shall not promulgate a regulation that
     would require safety inspection stations to also perform
     emission control inspections. Regulations promulgated by the
     department relating to the enhanced emission inspection program
     shall not be subject to the proposed rulemaking provisions of
     the act of July 31, 1968 (P.L.769, No.240), referred to as the
     Commonwealth Documents Law, or the act of June 25, 1982
     (P.L.633, No.181), known as the Regulatory Review Act.
        (f)  Scope.--The vehicle emission inspection and maintenance
     program provided for in this section shall be a centralized
     test-only enhanced emission inspection program as provided for
     in the Clean Air Act and regulations promulgated by the
     Environmental Protection Agency. However, if the performance
     standard requirements under section 183(c) of the Clean Air Act
     (42 U.S.C. § 7511b(c)) and regulations promulgated by the
     Environmental Protection Agency are changed to permit the
     consideration and approval of either an enhanced or a basic
     decentralized emission inspection program for the Commonwealth,
     the department shall petition the Environmental Protection
     Agency for allowance to revise its submission under the Clean
     Air Act, so as to study and pursue the implementation of either
     an enhanced or basic decentralized vehicle emission inspection
     and maintenance program which meets revised minimum Federal
     requirements established by a Federal statute, an order of a
     Federal or State court of competent jurisdiction or an
     administrative action by the Environmental Protection Agency not
     exceeding the mandates of the act of November 15, 1990 (Public
     Law 101-549, 104 Stat. 2399). [Any modification of the
     performance standard requirements, either by Congress or the
     Environmental Protection Agency, or the modification of any
     submission by the department under section 110 of the Clean Air
     Act (42 U.S.C. § 7410) shall not affect any pending or existing
     request for proposals, bids for contracts, negotiations, awards
     for contracts, contracts or programs for enhanced vehicle
     emission inspection in designated areas of this Commonwealth.]
        (g)  Alternative enhanced emission inspection program.--
     Notwithstanding the provisions of subsection (f), the department
     shall comply with all of the following requirements:
            (1)  The department shall immediately suspend the
        development and implementation of a centralized, test-only
        vehicle emission inspection program until March 31, 1995.
            (2)  The department shall immediately notify the
        Environmental Protection Agency that the Commonwealth is
        developing an alternative vehicle emission program and
        intends to seek its approval of the plan in accordance with
        the requirements of the Federal law.
            (3)  No later than March 1, 1995, the department shall
        develop and submit to the Environmental Protection Agency an
        alternative enhanced vehicle emission inspection program for
        approval which meets the requirements of Federal law and
        consists of a decentralized test and repair program or a
        hybrid program which combines both decentralized test and
        repair and test-only components. The decentralized test
        program may contain an additional component which will test
        and repair only those components necessary to achieve
        compliance with Federal clean air standards. As part of this
        decentralized test program, the department shall utilize the
        newest and most efficient technologies, including, but not
        limited to, remote roadside testing, identification and
        targeting of gross polluting vehicles and alternative
        equipment to existing inspection technology. The department
        may incorporate pilot programs and demonstration projects
        which achieve and enhance vehicle emissions reductions.
            (4)  On the effective date of this subsection, the
        department shall be immediately prohibited from expending any
        funds or allowing any other action in furtherance of the
        development and implementation of a centralized, test-only
        vehicle emission inspection program until the Environmental
        Protection Agency approves the decentralized or hybrid system
        proposed under paragraph (3). Any funds expended by the
        department after the approval of the program by the
        Environmental Protection Agency shall be limited to the
        implementation of the revised vehicle inspection program.
        (h)  Removal from Ozone Transport Commission.--The Governor
     shall take the steps necessary to obtain Environmental
     Protection Agency approval to remove all areas of the
     Commonwealth from the Northeast Ozone Transport Commission
     region that are now classified or in the future will be
     classified as in attainment of the Federal ozone pollution
     standard or which are unclassified for the purpose of imposing
     an enhanced vehicle emission system inspection program and other
     air pollution control measures. The Governor shall initiate the
     actions necessary under this section no later than 60 days after
     the effective date of this section.
        (i)  Suspension of program.--The Governor shall immediately
     suspend the implementation and enforcement of the Employer Trip
     Reduction Program until March 31, 1995, or until an alternative
     program is developed that will achieve the same emission
     reductions. The Employer Trip Reduction Program or an
     alternative program shall not be required if the area classified
     as severe ozone nonattainment is reclassified as a serious ozone
     nonattainment area by the Environmental Protection Agency.
        Section 3.  This act shall take effect as follows:
            (1)  The amendment of 75 Pa.C.S. § 4706 and this section
        shall take effect immediately.
            (2)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 16th day of November, A. D. 1994.

     ROBERT P. CASEY