act-2002-0-152•Pennsylvania Act 2002-152 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 2002-152 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
act-2002-0-1522002 Pa. Act 152Law
Act text part 1
VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Dec. 9, 2002, P.L. 1278, No. 152 Cl. 75
Session of 2002
No. 2002-152
HB 152
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, adding and amending definitions; further providing
for certificates of title; providing for salvage, theft,
reconstructed and flood vehicles; further providing for
registration of vehicles, for judicial review, for licensing
of drivers, for commercial driver's license, for
disqualification, for commercial and school vehicle drivers
prohibited from operating with any alcohol in system, for
license fees, for required financial responsibility, for
annual hauling permits, for automated red light enforcement
systems in first class cities, for removal of vehicle by or
at direction of police, for prohibitions in specified places,
for pedalcycle use on freeways and for footrests and
handlebars on motorcycles; providing for lighted lamp
requirements for motorcycles; further providing for
abandonment and stripping of vehicles; providing for
restitution of property owners and for stripping abandoned
vehicles; further providing for driving under influence of
alcohol or controlled substance, for periods for requiring
lighted lamps, for rear wheel shields, for inspection
requirements and for scope and application of provisions
relating to size, weight and load; providing for application
to tow trucks; further providing for authority to issue
permits, for permit for movement of waste coal and beneficial
combustion ash, for salvors; providing for duties of police
and salvors; further providing for abandoned vehicles and
cargos and for messenger service; and providing for the
messenger and agent advisory committee.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "abandoned vehicle,"
"collectible motor vehicle," "essential parts," "reconstructed
vehicle," "recovered theft vehicle," "valueless except for
salvage" and "vehicle identification number" in section 102 of
Title 75 of the Pennsylvania Consolidated Statutes are amended
and the section is amended by adding definitions to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
"Abandoned vehicle."
(1) A vehicle (other than a pedalcycle) shall be
presumed to be abandoned under any of the following
circumstances, but the presumption is rebuttable by a
preponderance of the evidence:
(i) The vehicle is physically inoperable and is left
unattended on a highway or other public property for more
than 48 hours.
(ii) The vehicle has remained illegally on a highway
or other public property for a period of more than 48
hours.
(iii) The vehicle is left unattended on or along a
highway or other public property for more than 48 hours
and does not bear all of the following:
(A) A valid registration plate.
(B) A current certificate of inspection.
(C) An ascertainable vehicle identification
number.
(iv) The vehicle has remained on private property
without the consent of the owner or person in control of
the property for more than [48] 24 hours.
(2) Vehicles and equipment used or to be used in
construction or in the operation or maintenance of highways
or public utility facilities, which are left in a manner
which does not interfere with the normal movement of traffic,
shall not be considered to be abandoned.
"Agent service." A person that has been authorized by the
Department of Transportation to act as a card agent, a full
agent or an issuing agent.
* * *
"Collectible motor vehicle." A reconstructed motor vehicle[,
but not a reproduction thereof,] substantially modified from the
manufacturer's original specifications and appearance and
maintained in a collectible condition as determined by the
Department of Transportation.
* * *
"Essential parts." All [integral and body parts] major
component parts of a vehicle of a type required to be registered
under this title, the removal, alteration or substitution of
which would tend to conceal the identity of the vehicle or
substantially alter its appearance, model, type or mode of
operation.
* * *
"Major component parts." Includes any of the following parts
of a vehicle: engine, transmission, front-end assemblies or
unibodies structure which may consist of headlight, grille,
fenders, bumpers and hood; fenders; hood; any door; any bumper;
pickup box or cargo box; airbags; computer assembly; radio or
stereo components; or trunk lid, deck lid, tailgate or
hatchback, whichever is present.
* * *
"Mileage." The actual distance that a vehicle has traveled.
* * *
"Modified vehicle." A vehicle of a type required to be
registered under this title materially altered by the addition,
deletion, substitution or modification of the body, chassis or
essential parts, new or used. The term does not include vehicles
that have been repaired to the function and appearance of
vehicles in their original condition or vehicles where final-
stage or second-stage manufacturers provide a manufacturer
statement of origin or a federally required certification label
at the time of the original title and registration application.
* * *
"Nonrepairable vehicle." An abandoned vehicle under
paragraph (1)(iii) of the definitions of "abandoned vehicle"
which is incapable of safe operation for use on roadways or
highways and which has no resale value except as a source of
parts or scrap only, a salvage vehicle issued a nonrepairable or
nonrebuildable vehicle document by another state or a vehicle
which a salvor or vehicle salvage dealer designates as a source
for parts or scrap or which the owner irreversibly designates as
a source for parts or scrap. Such vehicles may not be issued a
certificate of title or certificate of salvage.
* * *
["Reconstructed vehicle." A vehicle materially altered from
its original construction by the removal, addition or
substitution of essential parts, new or used, or a vehicle,
other than an antique or classic vehicle, for which a
certificate of junk was issued and is thereafter restored to
operating condition.]
"Reconstructed vehicle." A vehicle, other than an antique or
classic vehicle, for which a certificate of salvage was issued
and is thereafter restored to operating condition to meet the
vehicle equipment and inspection standards under Part IV
(relating to vehicle characteristics).
"Recovered theft vehicle." A vehicle other than an antique
or classic vehicle which was reported as stolen but subsequently
recovered [for which a certificate of salvage was issued and
which would otherwise be regarded as a reconstructed vehicle,
except that the retail value of any repairs to restore the
vehicle to operating condition does not exceed 50% of the actual
cash value of the vehicle as determined by averaging the average
retail values listed in the Official Used Car Guide for Domestic
and Imported Cars published by the National Automobile Dealers
Association and the Automobile Red Book Official Used Car
Validations published by the Maclean Hunter Market Reports,
Incorporated].
* * *
"Salvage vehicle." A vehicle which is inoperable or unable
to meet the vehicle equipment and inspection standards under
Part IV (relating to vehicle characteristics) to the extent that
the cost of repairs would exceed the value of the repaired
vehicle. The term does not include a vehicle which would qualify
as an antique or classic vehicle except for its lack of
restoration or maintenance.
* * *
"Status." With respect to an abandoned vehicle, a
determination by police and a salvor as to the condition or
value of the abandoned vehicle. The determination shall be one
of the following: vehicle with value, salvage vehicle or
nonrepairable vehicle.
* * *
"Theft vehicle." A vehicle, other than an antique or classic
vehicle, which was reported stolen.
* * *
["Valueless except for salvage." A vehicle which is
inoperable or unable to meet the vehicle equipment and
inspection standards under Part IV (relating to vehicle
characteristics) to the extent that the cost of repairs would
exceed the value of the repaired vehicle. The term does not
include a vehicle which would qualify as an antique or classic
vehicle except for its lack of restoration or maintenance.]
* * *
"Vehicle identification number" or "VIN." A combination of
numerals or letters or both which the manufacturer assigns to a
vehicle for identification purposes, or, in the absence of a
manufacturer-assigned number, which the department assigns to a
vehicle for identification purposes.
* * *
Section 2. Sections 1103.1(g) and (g.1), 1106(a) and (b) and
1109 of Title 75 are amended to read:
§ 1103.1. Application for certificate of title.
* * *
(g) Specially constructed [or], reconstructed or modified
vehicles.--If the vehicle to be titled is a specially
constructed [or], reconstructed or modified vehicle, that fact
shall be stated in the application. The department may
promulgate rules and regulations pertaining to the titling of
specially constructed [or], reconstructed or modified vehicles.
(g.1) Verification.--In lieu of notarization of any document
required to be submitted with the application for certificate of
title, the department shall accept the verification of a
person's signature by an issuing agent, who is licensed as a
vehicle dealer by the State Board of Vehicle Manufacturers,
Dealers and Salespersons, or its employee. The issuing agent's
name and identification number and the signature of the issuing
agent or its employee shall be written in the space reserved for
a notarization or verification. If an issuing agent or its
employee falsely verifies a person's signature, the department
shall suspend the issuing agent's authority to issue temporary
registration plates and cards for not less than 30 days. When
verification is used in lieu of notarization, the issuing agent
or its employee shall verify a person's identity by using at
least one form of government-issued photo identification. A copy
of the form of identification used shall be maintained by the
issuing agent for a period of three years from the date of the
verification.
* * *
§ 1106. Content and effect of certificate of title.
(a) Vehicle identification and encumbrances.--A certificate
of title shall contain such description and other evidence of
identification of the vehicle for which it is issued as the
department may deem necessary and the odometer reading, together
with a statement of any liens or encumbrances, including the
names [and addresses] of the holder or holders of the liens or
encumbrances and any indication of special use or condition set
forth under subsection (b).
(b) Indication of special [prior] use or condition.--No
person shall assign a certificate of title to any vehicle
[having seating capacity for nine or less occupants which has
been used as a taxicab, for the carrying of passengers for hire
or as a police car, unless the certificate clearly contains
notice that the vehicle has been so used. Indication of such use
shall be deemed part of the description of the vehicle. Any
person violating this subsection is guilty of a summary offense
and shall, upon conviction, be sentenced to pay a fine of $50.]
unless the certificate clearly contains notice of the use or
condition if the vehicle is or has been:
(1) used as a police car;
(2) used as a taxicab for the transport of passengers,
for hire, having a seating capacity of nine or fewer
passengers;
(3) an abandoned vehicle;
(4) a flood vehicle;
(5) a modified vehicle;
(6) a reconstructed vehicle;
(7) a specially constructed vehicle;
(8) a recovered theft vehicle or a theft vehicle;
(9) a vehicle originally manufactured for intended
distribution outside the United States;
(10) bearing a VIN plate differing from its original; or
(11) a motor vehicle returned to a vehicle dealer or
manufacturer pursuant to the act of March 28, 1984 (P.L.150,
No.28), known as the Automobile Lemon Law.
Indication of the use or condition shall be deemed part of the
description of the vehicle. Any person violating this subsection
commits a summary offense and shall, upon conviction, be
sentenced to pay a fine of $200.
* * *
§ 1109. Refusing issuance of certificate [of title].
The department may refuse issuance of a certificate of title
or certificate of salvage when it has reasonable grounds to
believe:
(1) That any required fee has not been paid.
(2) That any taxes payable under the laws of this
Commonwealth on or in connection with, or resulting from, the
acquisition or use of the vehicle have not been paid.
(3) That the applicant is not the owner of the vehicle.
(4) That the application contains a false or fraudulent
statement.
(5) That the applicant has failed to furnish required
information or documents or any additional information the
department reasonably requires.
(6) That the vehicle is a nonrepairable vehicle.
Section 3. Section 1117 of Title 75 is repealed.
Section 4. Sections 1118(b) and 1119(a) of Title 75 are
amended to read:
§ 1118. Suspension and cancellation of certificate of title.
* * *
(b) Vehicles sold to nonresidents or [junked] abandoned,
nonrepairable or salvage.--The department may cancel
certificates of title for vehicles sold to residents of other
states or foreign countries when the vehicle is to be registered
in the other jurisdiction[,] or for an abandoned [or destroyed
vehicles authorized to be junked as provided in this
subchapter.] vehicle processed under this title or a
nonrepairable or salvage vehicle.
* * *
§ 1119. Application for certificate of title by agent.
(a) Authorization to make application.--
(1) Except as provided in paragraph (2), no person shall
make application for a certificate of title when acting for
another person unless authorization to make the application
is in effect and is verified by oath or affirmation of the
other person, made not more than [30] 90 days before the
application is received by the department.
(2) The [30-day] 90-day provision contained in paragraph
(1) shall not apply to:
(i) Fleet owners who are lessees of vehicles.
(ii) Blanket powers of attorney issued for general
purposes not limited to the sale, purchase or transfer of
vehicles.
* * *
Section 5. Chapter 11 of Title 75 is amended by adding a
subchapter to read:
SUBCHAPTER D
SALVAGE VEHICLES, THEFT VEHICLES, RECONSTRUCTED
VEHICLES AND FLOOD VEHICLES
Sec.
1161. Certificate of salvage required.
1162. Transfer to vehicle salvage dealer.
1163. Transfer to scrap metal processor.
1164. Theft vehicles.
1165. Reconstructed vehicles.
1166. Flood vehicles.
1167. Penalty.
§ 1161. Certificate of salvage required.
(a) General rule.--Except as provided in sections 1162
(relating to transfer to vehicle salvage dealer) and 1163
(relating to transfer to scrap metal processor), a person,
including an insurer or self-insurer as defined in section 1702
(relating to definitions), who owns, possesses or transfers a
vehicle located or registered in this Commonwealth which
qualifies as a salvage vehicle shall make application to the
department for a certificate of salvage for that vehicle.
(b) Application for certificate of salvage.--An owner who
transfers a vehicle to be destroyed or dismantled, salvaged or
recycled shall assign the certificate of title to the person to
whom the vehicle is transferred. Except as provided in section
1163, the transferee shall immediately present the assigned
certificate of title to the department or an authorized agent of
the department with an application for a certificate of salvage
upon a form furnished and prescribed by the department. An
insurer as defined in section 1702 to which title to a vehicle
is assigned upon payment to the insured or claimant of the
replacement value of a vehicle shall be regarded as a transferee
under this subsection. If an owner retains possession of a
vehicle which is damaged to the extent that it qualifies for
vehicle replacement payment, the owner shall apply for a
certificate of salvage immediately. In this case, an insurer
shall not pay vehicle replacement value until the owner produces
evidence to the insurer that the certificate of salvage has been
issued. A self-insurer as defined in section 1702 shall apply
for a certificate of salvage when a vehicle is damaged to the
extent that the cost of repairs would exceed the replacement
value of the vehicle as certified by a licensed motor vehicle
physical damage appraiser.
(c) Issuance and effect of certificate of salvage.--Upon
proper application for a certificate of salvage, the department
or agent of the department shall issue to the transferee a
certificate of salvage which shall authorize the holder to
possess or by endorsement transfer ownership of the salvage
vehicle. A certificate of title or registration shall not again
be issued or renewed for the vehicle except upon application
containing the information the department requires, accompanied
by any necessary documents required under section 1165 (relating
to reconstructed vehicles).
(d) Out-of-State salvage vehicles.--The owner of a salvage
vehicle possessing a valid certificate of title or certificate
of salvage from a state or jurisdiction other than this
Commonwealth does not need to apply for a certificate under
subsection (a). If the owner wishes to transfer the salvage
vehicle, the owner shall make application to the department and
attach the out-of-State certificate of title or certificate of
salvage along with any other information and documents the
department reasonably requires to establish the ownership of the
vehicle and the existence or nonexistence of security interests
in the vehicle. The person identified on the application must be
located or the owner or lienholder must be domiciled in this
Commonwealth to qualify for issuance of a certificate of salvage
by the department.
(e) Certificate not to be assigned in blank.--No person
shall make application for or assign or physically possess a
certificate of salvage or direct or allow another person in his
employ or control to make application for or assign or
physically possess a certificate of salvage unless the name and
address of the transferee is placed on the assignment of the
certificate of salvage simultaneously with the name of the
transferor.
(f) Repairs to personal vehicle.--Nothing herein shall
require a vehicle owner to obtain a certificate of salvage to
repair or replace parts or component parts which malfunction or
wear out as a result of normal use and operation which has
occurred after the vehicle was transferred to the owner.
§ 1162. Transfer to vehicle salvage dealer.
(a) General rule.--Any owner who transfers a vehicle or a
salvage vehicle to a vehicle salvage dealer, as defined in
section 1337(c)(2) (relating to use of "Miscellaneous Motor
Vehicle Business" registration plates), shall assign the
certificate of title or salvage certificate to the vehicle
salvage dealer. A certificate of title or salvage certificate
for a vehicle transferred to a vehicle salvage dealer is exempt
from the requirements of notarization and verification by a
corporate officer.
(b) Certificate of title.--Upon transfer of a certificate of
title to a salvage vehicle dealer, the salvage vehicle dealer
shall immediately send to the department or an authorized agent
of the department either of the following:
(1) The assigned certificate of title attached to a form
prescribed by the department indicating that the vehicle is
to be designated as a nonrepairable vehicle. A copy of the
form shall be retained for record in accordance with section
6308(d) (relating to investigation by police officers). The
vehicle shall not be rebuilt, retitled or issued a
certificate of any kind.
(2) The assigned certificate of title with an
application for a certificate of salvage upon a form
prescribed by the department. The certificate of salvage,
when issued to the vehicle salvage dealer, shall have the
same effect as provided in section 1161(c) (relating to
certificate of salvage required).
(c) Vehicles with defective or lost title.--Any person on
whose property is located a vehicle which is a salvage vehicle
and which has a faulty, lost or destroyed title may transfer the
vehicle to a salvor or to a salvage program operated by a
political subdivision for removal to a suitable place of storage
or for scrapping, provided the salvor or salvage program
complies with the requirements of this section, except that the
report to the department that the vehicle is a salvage vehicle
shall be verified by the transferor of the vehicle instead of
the police department.
§ 1163. Transfer to scrap metal processor.
(a) Flattened vehicles.--When a vehicle has been flattened,
crushed or processed to the extent that it is no longer
identifiable as a vehicle, its certificate of title, certificate
of salvage or nonrepairable certificate shall be attached to a
form prescribed by the department and immediately sent to the
department. The form shall include such information as the
department shall require. A copy of the form shall be retained
for record in accordance with section 6308(d) (relating to
investigation by police officers). The vehicle scrap material
shall no longer be considered a vehicle and shall not be
reconstructed, retitled or issued a certificate of any kind.
(b) Vehicles.--Any owner who transfers a vehicle to a scrap
metal processor shall assign the certificate of title,
certificate of salvage or nonrepairable certificate to the
processor. The processor shall attach the certificate to the
proper department form, immediately send it to the department
and retain a copy in accordance with the provisions of
subsection (a).
§ 1164. Theft vehicles.
(a) General rule.--Upon payment to the insured of the
replacement value for a theft vehicle, the owner or insurer
shall apply for a certificate of salvage branded as a theft
vehicle.
(b) Assessing damage on recovered theft vehicles.--If a
theft vehicle has been recovered, the vehicle shall be assessed
as to the level of damage at the time of recovery by an insurer
or licensed physical damage appraiser:
(1) If the cost of repairs exceeds the replacement value
of the vehicle, the theft-branded certificate of salvage
shall serve as an ownership document. If the vehicle
thereafter passes the reconstructed salvage vehicle
inspection requirements under section 1165 (relating to
reconstructed vehicles), it shall receive a certificate of
title branded reconstructed and recovered-theft vehicle.
(2) If the cost of repairs is less than the replacement
value of the vehicle, the owner shall apply for a certificate
of title branded recovered-theft vehicle. A legible copy of
the vehicle damage appraisal report completed by an insurer
or licensed physical damage appraiser must accompany an
application under this paragraph. The damage appraisal report
shall include the replacement value of the vehicle.
§ 1165. Reconstructed vehicles.
(a) General rule.--If a vehicle, other than an antique or
classic vehicle, for which a certificate of salvage has been
issued is thereafter restored to operating condition, it shall
be regarded as a reconstructed vehicle.
(b) Application for a reconstructed vehicle certificate of
title.--A reconstructed vehicle title and registration shall be
issued to an applicant if the applicant presents to the
department an application for a certificate of title upon a form
furnished and prescribed by the department and any other
information the department deems appropriate.
§ 1166. Flood vehicles.
(a) General rule.--Upon payment to the insured of the
replacement value for a flood vehicle, the owner or insurer
shall apply for a certificate of salvage branded as a flood
vehicle.
(b) Assessing damage of flood vehicles.--A flood vehicle
shall be assessed as to the level of damage by an insurer or
licensed physical damage appraiser:
(1) If the cost of repairs exceeds the replacement value
of the vehicle, the flood-branded certificate of salvage
shall serve as an ownership document. If the vehicle
thereafter passes the reconstructed salvage vehicle
inspection requirements under section 1165 (relating to
reconstructed vehicles), it shall receive a certificate of
title branded reconstructed and flood vehicle.
(2) If the cost of repairs does not exceed the
replacement value of the vehicle, the owner shall apply for a
certificate of title branded flood vehicle. A legible copy of
the vehicle damage appraisal report completed by an insurer
or licensed physical damage appraiser must accompany an
application under this paragraph. The damage appraisal report
shall include the replacement cash value of the vehicle.
§ 1167. Penalty.
A person who violates the provisions of this subchapter
commits a summary offense and shall, upon conviction, be
sentenced to pay a fine of $500 for each violation.
Section 6. Section 1301 of Title 75 is amended by adding a
subsection to read:
§ 1301. Registration and certificate of title required.
* * *
(c.1) Reconstructed, recovered theft, flood, modified and
specially constructed vehicles.--Only the department shall issue
a temporary registration plate or card, or permit the transfer
of a registration plate, in conjunction with any application for
reconstructed, recovered theft, flood, modified and specially
constructed vehicles. Proof of financial responsibility must
accompany the application for registration prior to the issuance
of a registration plate.
* * *
Section 6.1. Section 1377(b) of Title 75 is amended to read:
§ 1377. Judicial review.
* * *
(b) Documentation.--
(1) In any proceeding under this section, documents
received by the department from a court or from an insurance
company shall be admissible into evidence to support the
department's case. In addition, if the department receives
information from a court by means of electronic transmission
or from an insurance company which is complying with its
obligation under Subchapter H of Chapter 17 (relating to
proof of financial responsibility) by means of electronic
transmission, it may certify that it has received the
information by means of electronic transmission, and that
certification shall be prima facie proof of the adjudication
and facts contained in such an electronic transmission.
(2) In a proceeding relating to the suspension of the
registration of a motor vehicle imposed under section 1786
(relating to required financial responsibility), the
department's certification of its receipt of documents or
electronic transmission from an insurance company informing
the department that the person's coverage has lapsed, been
canceled or terminated shall also constitute prima facie
proof that the lapse, cancellation or termination of the
policy of insurance described in the electronic transmission
was effective under the laws of this Commonwealth.
Section 6.2. Section 1503(a) of Title 75 is amended by
adding a paragraph to read:
§ 1503. Persons ineligible for licensing; license issuance to
minors; junior driver's license.
(a) Persons ineligible for licensing.--The department shall
not issue a driver's license to, or renew the driver's license
of, any person:
* * *
(9) Who is not a resident of this Commonwealth. This
paragraph shall not apply to an employee of the Federal or
State Government or the employee's immediate family or a
person in the service of the armed forces of the United
States or the person's immediate family.
* * *
Section 6.3. Sections 1506, 1510 and 1514 of Title 75 are
amended by adding subsections to read:
§ 1506. Application for driver's license or learner's permit.
* * *
(a.1) Noncitizen application.--A person who is not a citizen
of the United States may apply for a Pennsylvania driver's
license upon establishing the person's lawful presence in the
United States and this Commonwealth. The department may issue a
license if the person will lawfully be in the United States for
a period of one year or more after the date of the application
or for a shorter period of time if deemed appropriate by the
department.
* * *
§ 1510. Issuance and content of driver's license.
* * *
(i) Issuance to noncitizens.--A license issued in accordance
with section 1506(a.1) (relating to application for driver's
license or learner's permit) may contain an indication that the
license was issued to the person who is not a citizen of the
United States and who has credentials or documents issued by the
Immigration and Naturalization Service or its successor.
§ 1514. Expiration and renewal of drivers' licenses.
* * *
(e) Noncitizen license expiration and renewal.--
(1) Except as otherwise provided, a license issued on
the basis of Immigration and Naturalization Service (INS)
credentials or documents shall expire on the date appearing
on the INS credentials or documents provided by the applicant
under section 1506(a.1) (relating to application for driver's
license or learner's permit).
(2) If the expiration date of the INS credentials or
documents exceeds four years, the license shall expire one
day after the applicant's date of birth but not more than
four years from the date of issuance of the license.
(3) Upon presenting INS credentials or documents
indicating continued legal presence in the United States, the
person may apply for a renewal of the license.
(4) If a person has been granted permanent legal status
in the United States by the INS, the department may in its
discretion require the person to present his INS credentials
or documents for only the first license application or
renewal.
(5) License renewals issued under this subsection shall
be for the length of time as set forth in paragraph (1) or
(2).
Section 6.4. Sections 1515, 1607(d), 1610(c) and 1611 of
Title 75 are amended to read:
§ 1515. Notice of change of name or address.
(a) Driver's license.--Whenever any person after applying
for or receiving a driver's license moves from the address named
in the application or in the driver's license issued or when the
name of a licensee is changed, such person shall, within 15 days
thereafter, notify the department [in writing] of the old and
new addresses or of such former and new names and of the number
of any license then held by the person. The department shall be
notified of a change of name in writing.
(b) Identification card.--Whenever any person after applying
for or receiving a department-issued identification card moves
from the address named in the application or identification card
issued or when the name of a cardholder is changed, such person
shall, within 15 days thereafter, notify the department of the
old and new addresses or of such former and new names and of the
number of any identification card then held by the person. The
department shall be notified of a change of name in writing.
(c) Nonresident.--
(1) After notification from another state that the
driver is licensed in that state, the department shall
invalidate the Pennsylvania driver's license.
(2) Upon notice of a change of address from a driver to
an out-of-State address, the department shall not renew the
driver's license of the person until the person reestablishes
residency in this Commonwealth. This paragraph shall not
apply to a person who is an employee of Federal or State
Government whose workplace is located out-of-State or the
employee's immediate family or to a person in the service of
the armed forces of the United States or the person's
immediate family.
§ 1607. Commercial driver's license qualification standards.
* * *
(d) Commercial driver learner's permit.--
(1) The department shall issue a commercial driver
learner's permit in accordance with section 1505 (relating to
learners' permits).
(2) A commercial driver learner's permit is required for
the addition of endorsements and the removal of restrictions
established under this chapter, including those established
by regulation.
(3) Before a person may take the examination for a
commercial driver's license, the person must have held a
learner's permit for 30 days for the class of vehicle the
person intends to drive and the requisite endorsements.
§ 1610. Commercial driver's license.
* * *
(c) Applicant record check.--
(1) Before issuing a commercial driver's license, the
department shall obtain driving record information through
the Commercial Driver's License Information System and the
National Driver Register.
(2) Before issuing a commercial driver's license with an
"H" or "X" endorsement, the department must have received
notification from the United States Secretary of
Transportation that the individual does not pose a security
risk warranting denial of the endorsement. This paragraph
shall not apply until such time as regulations are published
by the United States Secretary of Transportation as required
by the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA Patriot Act) Act of 2001 (Public Law 107-56,
115 Stat. 272).
* * *
§ 1611. Disqualification.
(a) Disqualification for first violation of certain
offenses.--Upon receipt of a certified copy of conviction, the
department shall, in addition to any other penalties imposed
under this title, disqualify any person from driving a
commercial motor vehicle or school vehicle for a period of one
year for the first violation of:
(1) section 3731 (relating to driving under the
influence of alcohol or controlled substance), where the
violation occurred while the person was operating a
commercial motor vehicle or school vehicle;
(2) section 3742 (relating to accidents involving death
or personal injury), where the violation occurred while the
person was driving a commercial motor vehicle;
(3) section 3743 (relating to accidents involving damage
to attended vehicle or property), where the violation
occurred while the person was driving a commercial motor
vehicle;
(4) section 3745 (relating to accidents involving damage
to unattended vehicle or property), where the violation
occurred while the person was driving a commercial motor
vehicle;
(5) any felony in the commission of which a court
determines a commercial motor vehicle was essentially
involved, except as described in subsection (e); or
(6) section 1606(c) (relating to requirement for
commercial driver's license), while their driving privilege
is suspended, revoked, canceled or recalled or while subject
to disqualification or in violation of an out-of-service
order.
(b) Disqualification for offense while carrying hazardous
materials.--The department shall disqualify any person from
driving a commercial motor vehicle for three years if any of the
offenses in subsection (a) occurred while transporting a
hazardous material required to be placarded.
(c) Disqualification for two violations of certain
offenses.--The department shall disqualify for life any person
convicted of two or more violations of any of the offenses
specified in subsection (a), or any combination of those
offenses, arising from two or more separate and distinct
incidents. Only offenses committed after the effective date of
this chapter may be considered in applying this subsection.
(d) Mitigation of disqualification for life.--The department
may issue regulations establishing guidelines, including
conditions, under which a disqualification for life under
subsection (c) may be reduced to a period of not less than ten
years, if such reductions are permitted by Federal regulations.
(e) Disqualification for controlled substance offenses.--The
department shall disqualify any person from driving a commercial
motor vehicle for life who is convicted of using a commercial
motor vehicle in the commission of any felony involving the
manufacture, distribution or dispensing of a controlled
substance or possession with intent to manufacture, distribute
or dispense a controlled substance. There shall be no exceptions
or reductions to this disqualification for life.
(f) Disqualification for failure to have CDL.--The
department shall disqualify any person from driving a commercial
motor vehicle for six months upon receiving a certified record
of the person's conviction of violating section 1606(a), except
as provided in section 1606(d)(6).
(g) Disqualification for serious traffic offenses.--The
department shall disqualify any person from driving a commercial
motor vehicle for a period of 60 days if convicted of two
serious traffic violations, or 120 days if convicted of three
serious traffic violations, committed in a commercial motor
vehicle arising from separate and distinct incidents occurring
within a three-year period.
(h) Conviction in Federal court or another state.--For
purposes of the provisions of this section, a copy of a
certified record of conviction or a copy of a certified record
of administrative adjudication from a Federal court or another
state for an offense essentially similar to those offenses which
would result in disqualification in this section shall be
treated by the department as if the conviction had occurred in
this Commonwealth.
(i) Surrender of license.--Upon the disqualification of the
commercial driving privilege or school vehicle driving privilege
of a person, the license shall be surrendered as provided in
section 1540 (relating to surrender of license).
(j) Updating driving record.--After suspending, revoking,
recalling or canceling a commercial driver's license, the
department shall update its records to reflect that action.
After suspending, revoking, recalling or canceling a commercial
driving privilege issued by another state, the department shall
notify the licensing authority of the state which issued the
commercial driver's license or nonresident commercial driver's
license.
Section 6.5. Section 1612 of Title 75, amended October 4,
2002 (P.L.845, No.123), is amended to read:
§ 1612. Commercial and school vehicle drivers prohibited from
operating with any alcohol in system.
(a) Offense defined.--Notwithstanding any other provision of
this title, a person shall not drive, operate or be in physical
control of a school vehicle or a commercial motor vehicle while
having any alcohol in his system.
(b) Penalty.--
(1) A person who violates subsection (a) while driving,
operating or in physical control of a commercial motor
vehicle commits a summary offense and shall, upon conviction,
be sentenced to pay a fine of $100. A person who drives,
operates or is in physical control of [a school vehicle or] a
commercial motor vehicle while having alcohol in his system
or who refuses to take a test to determine his alcohol
content as provided by section 1613 (relating to implied
consent requirements for commercial motor vehicle drivers)
shall be placed out of service for 24 hours.
(2) A person who violates subsection (a) while driving,
operating or in physical control of a school bus or a school
vehicle commits a summary offense and shall, upon conviction,
be sentenced to pay a minimum fine of $250, and, for a person
convicted of a second or subsequent offense, the sentencing
court shall order the person to pay a fine of $500. A person
who drives, operates or is in physical control of a school
bus or a school vehicle while having alcohol in his system or
who refuses to take a test to determine his alcohol content
as provided by section 1613 shall be placed out of service by
his employer for 30 days.
Section 6.6. Section 1617 of Title 75 is amended by adding a
paragraph to read:
§ 1617. Fees.
Fees relating to commercial drivers' licenses to be collected
by the department under this chapter shall be in addition to any
other fees imposed under the provisions of this title and are as
follows:
* * *
(4) An additional fee of $10 shall be imposed for the
initial issuance or renewal of a commercial driver's license
with an "H" or "X" endorsement, in addition to the cost of a
criminal history background check as required by the USA
Patriot Act of 2001 (Public Law 107-56, 115 Stat. 272).
Section 6.7. Section 1786(d) and (e)(2) of Title 75 are
amended to read:
§ 1786. Required financial responsibility.
* * *
(d) Suspension of registration and operating privilege.--
(1) The Department of Transportation shall suspend the
registration of a vehicle for a period of three months if it
determines the required financial responsibility was not
secured as required by this chapter and shall suspend the
operating privilege of the owner or registrant for a period
of three months if the department determines that the owner
or registrant has operated or permitted the operation of the
vehicle without the required financial responsibility. The
operating privilege shall not be restored until the
restoration fee for operating privilege provided by section
1960 (relating to reinstatement of operating privilege or
vehicle registration) is paid.
(2) Whenever the department revokes or suspends the
registration of any vehicle under this chapter, the
department shall not restore the registration until the
vehicle owner furnishes proof of financial responsibility in
a manner determined by the department and submits an
application for registration to the department, accompanied
by the fee for restoration of registration provided by
section 1960. This subsection shall not apply in the
following circumstances:
[(1)] (i) The owner or registrant proves to the
satisfaction of the department that the lapse in financial
responsibility coverage was for a period of less than 31 days
and that the owner or registrant did not operate or permit
the operation of the vehicle during the period of lapse in
financial responsibility.
[(2)] (ii) The owner or registrant is a member of the
armed services of the United States, the owner or registrant
has previously had the financial responsibility required by
this chapter, financial responsibility had lapsed while the
owner or registrant was on temporary, emergency duty and the
vehicle was not operated during the period of lapse in
financial responsibility. The exemption granted by this
paragraph shall continue for 30 days after the owner or
registrant returns from duty as long as the vehicle is not
operated until the required financial responsibility has been
established.
[(3)] (iii) The insurance coverage has terminated or
financial responsibility has lapsed simultaneously with or
subsequent to expiration of a seasonal registration, as
provided in section 1307(a.1) (relating to period of
registration).
(3) An owner whose vehicle registration has been
suspended under this subsection shall have the same right of
appeal under section 1377 (relating to judicial review) as
provided for in cases of the suspension of vehicle
registration for other purposes. The filing of the appeal
shall act as a supersedeas, and the suspension shall not be
imposed until determination of the matter as provided in
section 1377. The court's scope of review in an appeal from a
vehicle registration suspension shall be limited to
determining whether:
(i) the vehicle is registered or of a type that is
required to be registered under this title; and
(ii) there has been either notice to the department
of a lapse, termination or cancellation in the financial
responsibility coverage as required by law for that
vehicle or that the owner, registrant or driver was
requested to provide proof of financial responsibility to
the department, a police officer or another driver and
failed to do so. Notice to the department of the lapse,
termination or cancellation or the failure to provide the
requested proof of financial responsibility shall create
a presumption that the vehicle lacked the requisite
financial responsibility. This presumption may be
overcome by producing clear and convincing evidence that
the vehicle was insured at all relevant times.
(4) Where an owner or registrant's operating privilege
has been suspended under this subsection, the owner or
registrant shall have the same right of appeal under section
1550 (relating to judicial review) as provided for in cases
of suspension for other reason. The court's scope of review
in an appeal from an operating privilege suspension shall be
limited to determining whether:
(i) the vehicle was registered or of a type required
to be registered under this title; and
(ii) the owner or registrant operated or permitted
the operation of the same vehicle when it was not covered
by financial responsibility. The fact that an owner,
registrant or operator of the motor vehicle failed to
provide competent evidence of insurance or the fact that
the department received notice of a lapse, termination or
cancellation of insurance for the vehicle shall create a
presumption that the vehicle lacked the requisite
financial responsibility. This presumption may be
overcome by producing clear and convincing evidence that
the vehicle was insured at the time that it was driven.
(5) An alleged lapse, cancellation or termination of a
policy of insurance by an insurer may only be challenged by
requesting review by the Insurance Commissioner pursuant to
Article XX of the act of May 17, 1921 (P.L.682, No.284),
known as The Insurance Company Law of 1921. Proof that a
timely request has been made to the Insurance Commissioner
for such a review shall act as a supersedeas, staying the
suspension of registration or operating privilege under this
section pending a determination pursuant to section 2009(a)
of The Insurance Company Law of 1921 or, in the event that
further review at a hearing is requested by either party, a
final order pursuant to section 2009(i) of The Insurance
Company Law of 1921.
(e) Obligations upon lapse, termination or cancellation of
financial responsibility.--
* * *
(2) An insurer who has issued a contract of motor
vehicle liability insurance, or any approved self-insurance
entity, shall notify the department in a timely manner and in
a method prescribed by the department's regulations. Upon
request of an owner or registrant in the case of an appeal
brought by an owner or registrant for suspension under this
section, an insurer shall provide a copy of the notice of
cancellation or a copy of the insurer's filing procedures
with proof that the notice was written in the normal course
of business and placed in the normal course of mailing. The
department shall not be required to produce such copy or any
other proof that notice of termination, lapse or cancellation
was provided to the owner or registrant in order to satisfy
the burden of proof in a proceeding under this section.
* * *
Section 6.8. Section 1943 of Title 75 is amended by adding a
subsection to read:
§ 1943. Annual hauling permits.
* * *
(r) Excess damage permit.--The annual fee for excess damage
permits, as provided for in section 4961(d) (relating to
authority to issue permits), shall be $500 to cover the costs of
administering the permit and inspections of the involved
highway.
Section 6.9. Section 1951(a) of Title 75 is amended to read:
§ 1951. Driver's license and learner's permit.
(a) Driver's license.--The [annual fee for a] driver's
license fee for each year or partial year shall be [$5] $5.25
plus the cost of the photograph required in section 1510(a)
(relating to issuance and content of driver's license).
* * *
Section 6.10. Section 3116(q) of Title 75, added October 4,
2002 (P.L.845, No.123), is amended to read:
§ 3116. Automated red light enforcement systems in first class
cities.
* * *
(q) Expiration.--This section shall expire December 31,
[2005] 2006.
Section 7. Sections 3352(c) and (d), 3353(c), 3511(b) and
3524 of Title 75 are amended to read:
§ 3352. Removal of vehicle by or at direction of police.
* * *
(c) Removal to garage or place of safety.--Any police
officer may remove or cause to be removed to the place of
business of the operator of a wrecker or to a nearby garage or
other place of safety any vehicle found upon a highway under any
of the following circumstances:
(1) Report has been made that the vehicle has been
stolen or taken without the consent of its owner.
(2) The person or persons in charge of the vehicle are
physically unable to provide for the custody or removal of
the vehicle.
(3) The person driving or in control of the vehicle is
arrested for an alleged offense for which the officer is
required by law to take the person arrested before an issuing
authority without unnecessary delay.
(4) The vehicle is in violation of section 3353
(relating to prohibitions in specified places) except for
overtime parking.
(5) The vehicle has been abandoned as defined in this
title. The officer shall comply with the provisions of
[subsection (d) and] Chapter 73 (relating to abandoned
vehicles and cargos).
(d) Notice to owner prior to removal.--
(1) Prior to removal of an abandoned vehicle bearing a
registration plate, current certificate of inspection or
vehicle identification number plate by which the last
registered owner of the vehicle can be determined, the police
department shall send a notice by certified mail to the last
registered owner of the vehicle informing the owner that
unless the vehicle is moved to a suitable location within
seven days of the date notice is mailed, the vehicle will be
removed under this section and held at a suitable facility
where it may be reclaimed by the owner in accordance with the
provisions of section 7306 (relating to payment of costs upon
reclaiming vehicle). If the abandoned motor vehicle does not
bear an identifiable registration plate, current certificate
of inspection or vehicle identification number plate, the
notice may be secured to the vehicle.
(2) If, within the seven-day period, the owner so
requests, the owner shall be given an opportunity to explain
to the police officer or department why the owner believes
the vehicle should not be removed. If the police officer or
department determines that the vehicle shall, nonetheless, be
removed, the owner shall be given an additional 48 hours to
remove the vehicle, have it removed or demand a hearing,
which shall conform to the requirements of 2 Pa.C.S. Ch. 5
Subch. B (relating to practice and procedure of local
agencies). The police officer or department shall inform the
owner of the right to a hearing by delivering to the owner a
notice warning the owner that, unless the vehicle is removed
or a hearing is demanded, the owner shall be subject to the
provisions of section 7306. If, as a result of the hearing,
it is determined that the vehicle will be removed, the owner
shall be given an additional 48 hours to remove the vehicle
or have it removed. The hearing shall be before a civilian
officer or employee of the municipality in which the vehicle
is located.
(3) The provision for notice set forth in this
subsection is applicable only if the vehicle is abandoned
upon a highway and is not in violation of subsection (b) or
section 3351(a) or 3353. Notice under this subsection is in
addition to any other notice requirements provided in Chapter
73.
(4) This subsection does not apply to nonrepairable
vehicles.
§ 3353. Prohibitions in specified places.
* * *
(c) Property owner may remove vehicle.--The owner or other
person in charge or possession of any property on which a
vehicle is parked or left unattended in violation of the
provisions of subsection (b) may remove or have removed the
vehicle at the reasonable expense of the owner of the vehicle.
Such person who removes or has removed a vehicle left parked or
unattended in violation of the provisions of subsection (b)
shall have a lien against the owner of the vehicle, in the
amount of the reasonable value of the costs of removing the
vehicle plus the costs of storage. Any city, borough,
incorporated town or township may, by ordinance, provide for
rates to be charged for removal of vehicles and for municipal
regulation of authorized towing services. If storage charges are
not set by the municipality, a maximum of $25 per day may be
charged for storage.
* * *
§ 3511. Pedalcycles prohibited on freeways.
* * *
(b) Exceptions.--
(1) The department and local authorities, on highways
under their respective jurisdictions, may issue permits for a
procession or event prohibited under subsection (a) upon a
determination that:
(i) The pedalcycle procession or event is of
national, State or regional interest; and
(ii) the results of an engineering and traffic study
indicate that the procession or event can be conducted
with safety.
(2) On State-designated freeways, pedalcycles may be
authorized under the following limitations:
(i) The pedalcycler is [16] 18 years of age or older
or is accompanied by a pedalcycler 18 years of age or
older.
(ii) A written request for review of the freeway
route based on the potential unavailability of [a
reasonable] an alternate route is made to the department.
(iii) The department determines that no reasonable
alternate route exists and the freeway is safe for
pedalcycle travel.
(iv) The department publishes a notice in the
Pennsylvania Bulletin authorizing pedalcycle access to
the freeway. The notice shall constitute approval for the
persons authorized under subparagraph (i) to ride a
pedalcycle on the State-designated freeway.
* * *
§ 3524. Footrests and [handlebars] handhold.
[(a) Passengers.--]Any motorcycle carrying a passenger,
other than in a sidecar or enclosed cab, shall be equipped with
footrests and handhold for the passenger.
[(b) Height of handlebars.--No person shall operate any
motorcycle with handlebars above shoulder-height of the operator
while properly seated upon the motorcycle.]
Section 7.1. Title 75 is amended by adding a section to
read:
§ 3526. Lighted lamp requirements for motorcycles.
Notwithstanding the provisions of section 4302 (relating to
periods for requiring lighted lamps), the operator of a
motorcycle, manufactured during or after 1973, upon a highway
shall display the lighted head lamps and other lamps and
illuminating devices required under Chapter 43 (relating to
lighting equipment) at all times.
Section 7.2. Section 3712 of Title 75 is amended to read:
§ 3712. Abandonment [and stripping] of vehicles.
(a) Abandonment on highway.--No person shall abandon a
vehicle upon any highway.
(b) Abandonment on public or private property.--No person
shall abandon a vehicle upon any public or private property
without the express or implied consent of the owner or person in
lawful possession or control of the property.
[(c) Stripping abandoned vehicle.--It is unlawful for any
person, except the owner or his agent or as otherwise provided
in this title, to remove any part of an abandoned vehicle.]
(d) Penalties.--
[(1) Any person violating subsection (a) or (b) is
guilty of a summary offense and shall, upon conviction, be
sentenced to pay a fine of $50 plus all costs of disposing of
the vehicle under the provisions of Chapter 73 (relating to
abandoned vehicles and cargos).
(2) Any person violating subsection (c):
(i) For a first offense, is guilty of a summary
offense punishable by a fine of not less than $100 nor
more than $500.
(ii) For a subsequent offense, is guilty of a
misdemeanor of the third degree.]
(1) Any person violating subsection (a) or (b):
(i) For a first offense, commits a summary offense
and shall, upon conviction, be sentenced to pay a fine of
$500 plus all costs of disposing of the vehicle under the
provisions of Chapter 73 (relating to abandoned vehicles
and cargos).
(ii) For a second offense, commits a summary offense
and shall, upon conviction, be sentenced to pay a fine of
$1,000 plus all costs of disposing of the vehicle under
the provisions of Chapter 73.
(iii) For a third or subsequent offense, commits a
misdemeanor of the third degree and shall, upon
conviction, be sentenced to pay all costs of disposing of
the vehicle under the provisions of Chapter 73.
(2) In a case involving a violation of this section, the
municipality in which the vehicle is located may file the
complaint with the appropriate issuing authority.
Section 8. Title 75 is amended by adding sections to read:
§ 3712.1. Restitution of property owners.
Any person who abandons a vehicle on private property may be
ordered to pay restitution for any damages sustained by the
owner or other person in control or possession of the real
property where the vehicle was abandoned.
§ 3712.2. Stripping abandoned vehicles.
(a) Offense defined.--
(1) Except as provided in paragraph (2), a person
commits the offense of stripping an abandoned vehicle if the
person intentionally removes any part of an abandoned
vehicle.
(2) Paragraph (1) does not apply if the person:
(i) is the owner of the vehicle or the owner's
agent; or
(ii) is authorized to make the removal under Chapter
73 (relating to abandoned vehicles and cargos).
(b) Penalties.--Any person violating subsection (a):
(1) For a first offense, commits a misdemeanor of the
third degree.
(2) For a subsequent offense, commits a felony of the
third degree.
(c) Complaints.--In a case involving a violation of this
section, the municipality in which the vehicle is located may
file the complaint with the appropriate issuing authority.
Section 8.1. Sec. 3731(i) of Title 75, amended October 4,
2002 (P.L.845, No.123), is amended to read:
§ 3731. Driving under influence of alcohol or controlled
substance.
* * *
(i) Driving a commercial motor vehicle or a school vehicle
while under the influence of alcohol or controlled substance.--A
person shall not drive, operate or be in physical control of the
movement of any commercial motor vehicle or school vehicle
while:
(1) under the influence of alcohol;
(2) under the influence of any controlled substance as
defined in section 1603 (relating to definitions);
(3) under the combined influence of alcohol and any
controlled substance; or
(4) the amount of alcohol by weight in the person's
blood is [0.04% or more.]:
(i) 0.04% or more if the person is operating a
commercial motor vehicle other than a school bus.
(ii) 0.02% or more if the person is operating a
school bus or a school vehicle.
* * *
Section 8.2. Section 4302 of Title 75 is amended by adding a
subsection to read:
§ 4302. Periods for requiring lighted lamps.
* * *
(c) Applicability.--This section shall not apply to
motorcycles.
Section 9. Section 4533 of Title 75 is amended to read:
§ 4533. Rear wheel shields.
Every truck with a gross weight exceeding 11,000 pounds,
trailer and truck tractor (without a semitrailer) driven on a
highway shall be so constructed or equipped as to bar water or
other road surface substances thrown from the rear wheels of
such vehicle or combination at tangents exceeding 22 1/2
degrees, measured from the road surface, from passing in a
straight line to the rear of such vehicle or combination.
Section 9.1. Sections 4706 and 4722 of Title 75 are amended
by adding subsections to read:
§ 4706. Prohibition on expenditures for emission inspection
program.
* * *
(c.1) Exchange of evidence of emission inspection.--A person
replacing a windshield or repairing a windshield in such a
manner as to require removal of evidence of emission inspection
shall at the option of the registrant of the vehicle or the
owner of a mass transit vehicle cut out the portion of the
windshield containing the evidence of emission inspection and
deliver it to the registrant of the vehicle or the owner of the
mass transit vehicle or destroy the evidence of emission
inspection. The vehicle or the mass transit vehicle may be
driven for up to five days if it displays the portion of the old
windshield containing the evidence of emission inspection as
prescribed in department regulations. Within the five-day
period, an official emission inspection station may affix to the
vehicle or mass transit vehicle another evidence of emission
inspection for the same inspection period without reinspecting
the vehicle or mass transit vehicle in exchange for the portion
of the old windshield containing the evidence of emission
inspection. A fee of no more than $2 plus the fee paid to access
the department's computer to enter the evidence of emission
inspection into the system may be charged for exchanging
evidence of emission inspection.
* * *
§ 4722. Certificate of appointment.
* * *
(d) Waiver.--The department shall promulgate regulations to
provide a waiver of the 40-hour requirement that an inspection
station must be open for business. The regulations shall
establish the minimum requirements to be eligible for the waiver
and shall require, at a minimum, that the inspection station be
open for business at least ten business hours during the normal
workweek (Monday through Friday) between 7 a.m. and 8 p.m.
Section 10. Section 4729 of Title 75 is amended to read:
§ 4729. Removal of certificate of inspection.
No certificate of inspection shall be removed from a vehicle
or a mass transit vehicle for which the certificate was issued
except to replace it with a new certificate of inspection issued
in accordance with the provisions of this chapter or as follows:
(1) The police officer may remove a certificate of
inspection in accordance with the provisions of section
4703(f) (relating to operation of vehicle without official
certificate of inspection).
(2) A person replacing a windshield or repairing a
windshield in such a manner as to require removal of a
certificate of inspection shall at the option of the
registrant of the vehicle or the owner of a mass transit
vehicle cut out the portion of the windshield containing the
certificate and deliver it to the registrant of the vehicle
or the owner of the mass transit vehicle or destroy the
certificate. The vehicle or the mass transit vehicle may be
driven for up to five days if it displays the portion of the
old windshield containing the certificate as prescribed in
department regulations. Within the five day period an
official inspection station may affix to the vehicle or mass
transit vehicle another certificate of inspection for the
same inspection period without reinspecting the vehicle or
mass transit vehicle in exchange for the portion of the old
windshield containing the certificate of inspection. A fee of
no more than $2 plus the fee paid to the department may be
charged for exchanging the certificate of inspection.
(3) A salvor shall remove and destroy the current
certificate of inspection on every vehicle [or mass transit
vehicle in his possession except vehicles] processed as
abandoned in the salvor's possession except vehicles owned by
the salvor or used in the operation of the business of the
salvor.
(4) Every applicant for a certificate of salvage or
nonrepairable certificate pursuant to [section 1117(a)
(relating to vehicle destroyed, dismantled, salvaged or
recycled)] Subchapter D of Chapter 11 (relating to salvage
vehicles, theft vehicles, reconstructed vehicles and flood
vehicles) shall remove and destroy the [valid] current
certificate of inspection.
(5) For the purposes of administering the requirements
of regulations promulgated by the department, a qualified
Commonwealth employee or an authorized department
representative may remove an unauthorized, expired or
unlawfully issued certificate of inspection or a certificate
of inspection issued for a covert audit.
Section 10.1. Section 4901(c) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 4901. Scope and application of chapter.
* * *
(c) Permit authorizing prohibited movement.--If an
overweight or oversize movement cannot be made in any other
feasible manner, the permit may authorize the movement to be
made in contravention to any provision of this title provided
that:
(1) the department or local authority determines that
the movement is in the public interest; and
(2) the movement is escorted by the Pennsylvania State
Police, extra-duty Pennsylvania State Police or department
personnel [while any provision of this title is being
contravened]. When the movement is escorted by extra-duty
Pennsylvania State Police or department personnel, the
following shall apply:
(i) Approval must be obtained from the Pennsylvania
State Police or the department for the use of their
respective personnel.
(ii) The permittee shall bear the total costs of
escorting the movement.
* * *
(e) Definition.--As used in this section, the term "extra-
duty Pennsylvania State Police" means sworn members of the
Pennsylvania State Police performing escort duty outside of
their regularly scheduled shift on an overtime basis.
Section 10.2. Title 75 is amended by adding a section to
read:
§ 4949. Application to tow trucks.
The weight restrictions set forth in this subchapter do not
apply to a combination consisting of any tow truck towing a
disabled motor vehicle to a place of repairs or other place of
safety as long as the overweight combination travels directly to
the first available such location and the movement is performed
at the direction of authorized emergency personnel or a
qualified Commonwealth employee.
Section 10.3. Sections 4961, 4979.2, 7301 and 7302 of Title
75 are amended to read:
§ 4961. Authority to issue permits.
(a) General rule.--The department and local authorities with
respect to highways under their respective jurisdictions may,
upon application in writing showing good cause, issue special
permits in writing authorizing the applicant to operate or move
on specified highways any of the following:
(1) A vehicle which when unloaded exceeds the maximum
size specified in Subchapter B (relating to width, height and
length) or the maximum weights specified in Subchapter C
(relating to maximum weights of vehicles).
(2) A combination carrying a nondivisible load and
exceeding the maximum size specified in Subchapter B or the
maximum weights specified in Subchapter C.
(3) A vehicle containing a nondivisible load which
exceeds the maximum width specified in section 4921(a)
(relating to width of vehicles) or the maximum height
specified in section 4922 (relating to height of vehicles).
(4) A mobile home.
(5) A modular housing or manufactured construction unit
which exceeds the maximum size prescribed in this title.
(5.1) A manufactured construction unit which exceeds the
maximum size and weight prescribed in this title.
(6) A modular housing or manufactured construction unit
undercarriage which exceeds the maximum size prescribed in
this title.
(7) Such other vehicles and combinations as are
specifically authorized in this chapter.
(b) Limitation for truck tractors.--Permits to exceed the
maximum weight limit shall be issued only for truck tractors
registered at the maximum weight permitted under section 4941(a)
or (b) (relating to maximum gross weight of vehicles). When a
truck tractor is operating under permit, the fine for axle and
gross weight violations shall only be applicable to the weight
that the vehicle is in excess of the weight allowed on the
permit.
(c) County offices for issuing permits.--The department
shall empower an authorized representative or employee to issue
permits as provided in subsection (a) and may provide a place
within each county where the permits may be issued.
(d) Excess damage permits.--The department and local
authorities having highways under their respective jurisdictions
may issue a permit with a maximum distance of 2.5 miles for the
movement upon specified highways of combinations in excess of
the maximum weights specified in Subchapter C and may require
such security as deemed necessary to cover the cost of repairs
and restoration necessitated by the movement of such vehicles.
Permits issued under this subsection shall be subject to the
following conditions:
(1) The security shall be in the form of an irrevocable
letter of credit signed by a bank officer and naming the
department or local authority as sole beneficiary, to be
honored on presentment.
(2) The maximum allowable gross weight shall be 125,000
pounds.
(3) Upon notification from the department or local
authority, the permittee shall reimburse the department or
local authority for repair and restoration costs determined
to be necessitated by the movement of the overweight
vehicles. Failure to reimburse the department or local
authority within 60 days of said notice shall automatically
invalidate the permit and cause action against the letter of
credit.
§ 4979.2. Permit for movement of waste coal [and], beneficial
combustion ash or limestone.
(a) Waste coal and beneficial combustion ash.--An annual
permit may be issued for the movement on specified highways of
waste coal from a refuse pile to a preparation or power
production facility or beneficial combustion ash from a power
production facility to a reclamation area which exceeds the
maximum vehicle gross weight specified in Subchapter C (relating
to maximum weights of vehicles). The weight of any vehicle
permitted under this section may not exceed 95,000 pounds
overall gross weight, and the weight on any nonsteering axle may
not exceed 21,000 pounds. No permit may be issued for this type
of movement upon an interstate highway.
(b) Limestone.--An annual permit may be issued for the
movement on specified highways of limestone from a quarry to a
power production facility which exceeds the maximum vehicle
gross weight specified in Subchapter C, subject to the following
conditions:
(1) The combination must have a minimum of six axles.
(2) The maximum overall gross weight may not exceed
95,000 pounds.
(3) The weight on any nonsteering axle may not exceed
21,000 pounds.
(4) The maximum travel distance may not exceed 100
miles.
(5) No permit may be issued for this type of movement on
an interstate highway.
§ 7301. Authorization of salvors.
(a) General rule.--The department shall authorize and shall
issue a certificate of authorization to every salvor that
complies with the requirements of this chapter and regulations
adopted by the department and is a currently registered vehicle
salvage dealer as defined in section 1337(c)(2) (relating to use
of "Miscellaneous Motor Vehicle Business" registration plates).
(a.1) Repair or towing business.--The department may
authorize and issue a certificate of authorization to a
currently registered repair or towing business under section
1337(c)(1) if there is no qualified vehicle salvage dealer in a
county.
(b) Unauthorized operation prohibited.--No person shall
operate as a salvor unless authorized.
[(c) Duty of salvor.--Upon written request of a police
department, a salvor shall take possession of and remove to the
storage facility of the salvor any abandoned vehicle located
within 30 miles of the place of business of the salvor.
(d) Storage facility.--A salvor may rent or own a storage
facility, which shall comply with the act of July 28, 1966 (3rd
Sp.Sess., P.L.91, No.4), referred to as the Junkyard and
Automotive Recycler Screening Law, where applicable, and with
regulations promulgated by the department.]
§ 7302. Certificate of authorization.
(a) Application and issuance.--Application for a certificate
of authorization shall be made on a form prescribed by the
department. The department shall investigate the qualifications
and fitness of the applicant and shall issue a certificate of
authorization if it determines that the applicant is capable of
performing the duties of a salvor in a manner consistent with
the public interest.
(b) Place of business.--Every applicant shall have and
maintain an established place of business. If the applicant has
or intends to have one or more places of business or branch
offices, the application shall contain complete information for
each location.
(c) Bonding required.--Before issuing a certificate of
authorization, the department shall require the applicant to
furnish and maintain a bond indemnifying the public and the
department in the amount of $10,000. An individual bond for each
place of business is not required, but all places of business
shall be covered by the bond.
(d) Duration and renewal.--Certificates of authorization
shall be issued for a period of one year and shall be subject to
annual renewal[.], including a review of the salvor's status as
a vehicle salvage dealer under section 1337(c)(2) (relating to
use of "Miscellaneous Motor Vehicle Business" registration
plates).
(e) Storage facility.--A salvor shall rent or own a storage
facility which shall comply with the act of July 28, 1966 (3rd
Sp.Sess., P.L.91, No.4), referred to as the Junkyard and
Automotive Recycler Screening Law, where applicable and with
regulations promulgated by the department.
Section 11. Title 75 is amended by adding a section to read:
§ 7303.1. Duty of police and salvors.
(a) Duty of police and authorized personnel.--Police
officers or personnel designated by ordinance of a municipality
shall process all vehicles presumed to be abandoned. They shall
complete an abandoned vehicle information report on a form
prescribed by the department on each vehicle declared abandoned.
The report shall include the make, model, vehicle identification
number, registration plate number, name and address of the owner
or person who abandoned the vehicle, if known, and any other
information the department may require. The report shall also
indicate the vehicle's status as a vehicle with value, a salvage
vehicle or a nonrepairable vehicle. The report shall include the
name, signature and badge number of the police officer and the
name of the respective police department. The report shall serve
as an authorized written request for a licensed salvor to
remove, possess and further process the abandoned vehicle.
(b) Duty of salvors.--Upon receipt of the written abandoned
vehicle information report from any authorized person described
in subsection (a), a salvor shall take possession of and remove
to the storage facility of the salvor any abandoned vehicle
located within 30 miles of the place of business of the salvor.
The salvor shall also indicate on the abandoned vehicle
information report the vehicle's status as a vehicle with value,
a salvage vehicle or a nonrepairable vehicle.
Section 12. Sections 7304, 7305, 7306, 7308 and 7309 of
Title 75 are amended to read:
§ 7304. Reports to department of possession of abandoned
vehicles.
Any salvor taking possession of an abandoned vehicle pursuant
to section [7301(c) (relating to authorization of salvors)]
7303.1 (relating to duty of police and salvors) shall within 48
hours after taking possession send an abandoned vehicle
information report to the department. [the make, model, vehicle
identification number and registration plate number of the
abandoned vehicle, and the name and address of the owner or
person who abandoned the vehicle, if known, together with any
other information or documents which the department may by
regulation require. The report shall include a statement whether
the vehicle is valueless except for salvage. Where] If the
report indicates the vehicle is [valueless except for] a salvage
vehicle, the salvor shall include a photograph of the vehicle to
be prepared in a manner prescribed by the department. [A report
by a salvor that a vehicle is valueless except for salvage shall
be verified by the police department which authorized transfer
of the vehicle to the salvor.] Any nonrepairable vehicle which
does not display an identifiable registration plate, current
certificate of inspection and ascertainable vehicle
identification number shall be taken into possession and
flattened or crushed immediately. There is no requirement to
notify the department.
§ 7305. Notice to owner and lienholders of abandoned vehicles.
(a) General rule.--[Except as provided in section 7309
(relating to salvaging of vehicles valueless except for
salvage), the] The department[,] upon receipt of [notice that an
abandoned vehicle has been taken into possession pursuant to
this chapter,] an abandoned vehicle information report shall
notify by certified mail, return receipt requested, the last
known registered owner of the vehicle and all lienholders of
record that the vehicle is being held as abandoned.
(b) Contents of notice.--The notice shall:
(1) Describe the make, model, title number, vehicle
identification number and registration plate number of the
abandoned vehicle, if known.
(1.1) State the location of the police department that
processed the vehicle.
(2) State the location where the vehicle is being held.
(3) Inform the owner and any lienholders of their right
to reclaim the vehicle and its contents within 30 days after
the date [of] the notice was mailed at the place where the
vehicle is being held by the salvor, upon payment of all
towing [and], storage charges [and], the fee authorized in
section 7306 (relating to payment of costs upon reclaiming
vehicle)[.] and penalties under section 3712(d)(1) (relating
to abandonment and stripping of vehicles).
(4) State that the failure of the owner or lienholder to
reclaim the vehicle and its contents is deemed consent by the
owner to the destruction, sale or other disposition of the
abandoned vehicle and its contents and of all lienholders to
dissolution of their liens.
(5) Inform the owner and any lienholders of their right,
within 30 days of the mailing date of the notice, to request
from the appropriate police department a copy of the
abandoned vehicle information report and of their right to a
hearing conforming to the requirements of 2 Pa.C.S. Ch. 5
Subch. B (relating to practice and procedure of local
agencies). The hearing shall be before a civilian officer or
employee of the municipality in which the vehicle was
reported as abandoned. If as a result of the hearing it is
determined that the vehicle was not abandoned, the owner or
lienholder may retrieve the vehicle within 48 hours without
payment of any of the fees and penalties under paragraph (3).
(c) Notice by publication.--If the identity of the last
registered owner and of all lienholders cannot be determined
with reasonable certainty, the contents of the notice set forth
in subsection (b) shall be published one time in one newspaper
of general circulation in the area where the vehicle was
abandoned. The notice may contain multiple listings of abandoned
vehicles. Notice by publication locally shall be the
responsibility of the salvor. The notice shall have the same
effect as notice sent by certified mail.
§ 7306. Payment of costs upon reclaiming vehicle.
In the event the owner or lienholder of an abandoned vehicle
reclaims the vehicle, the reclaiming party shall pay the costs
for towing and storage from the date the salvor submitted the
abandoned vehicle report to the department, plus a fee of [$25]
$50 of which [$10] $25 shall be transmitted to the department by
the salvor.
§ 7308. Public sale of unclaimed vehicles with value.
(a) General rule.--If an abandoned vehicle having value has
not been reclaimed as provided in this chapter, the vehicle
shall be sold at a public auction.
(b) Title of purchaser.--The salvor shall give the purchaser
a sales receipt and shall apply to the department for [a] an
abandoned branded title which shall be free and clear of all
previous liens and claims of ownership.
(c) Disposition of proceeds.--From the proceeds of the sale
of the abandoned vehicle, the salvor shall be reimbursed for the
fee authorized in section 7306 (relating to payment of costs
upon reclaiming vehicle) and the costs of towing, storage from
the date the salvor submitted the abandoned vehicle report to
the department, notice and publication costs and the expenses of
auction. The remainder of the proceeds of a sale shall be [held
for the owner of the vehicle or record lienholder for 60 days
from the date of sale and if not properly claimed shall then be]
paid to the department and transmitted to the State Treasurer
for deposit in the Motor License Fund.
§ 7309. [Salvaging of vehicles valueless except for salvage.]
Processing of nonrepairable or salvage vehicles.
(a) Application for certificate of salvage.--If an abandoned
vehicle is [valueless except for salvage,] a salvage or
nonrepairable vehicle as deemed by a police officer and salvor,
the salvor and the police officer shall note that fact in the
report to the department required in section 7304 (relating to
reports to department of possession of abandoned vehicles) and
shall apply for issuance of a certificate of salvage or
nonrepairable vehicle as provided for in [section 1117 (relating
to vehicle destroyed, dismantled, salvaged or recycled)]
Subchapter D of Chapter 11 (relating to salvage vehicles, theft
vehicles, reconstructed vehicles and flood vehicles).
(b) Notice and issuance of certificate.--If the identity of
the last registered owner cannot be determined with reasonable
certainty and it is impossible to determine with reasonable
certainty the identity and addresses of any lienholder, no
notice shall be required. Under such circumstances, the
department shall upon receipt of the report by the salvor
pursuant to section 7304 issue a certificate of salvage as
provided in [section 1117] Subchapter D of Chapter 11.
(c) Reimbursement of expenses of salvor.--[Upon] Within 60
days of the department's receipt [within six months] of evidence
that a salvor has removed an abandoned vehicle upon the request
of a police department, the department shall pay to the salvor
from the Motor License Fund the sum of $15 for the expenses
incurred in the removal and towing of the abandoned vehicle. No
portion of the $15 payment or any separate consideration shall
be reimbursed or paid to any government agency or municipality
by the salvor.
(d) Rights of owners and lienholders.--Issuance by the
department of a certificate of salvage, abandoned branded
certificate of title or nonrepairable vehicle certificate for a
vehicle [salvaged] processed under this section shall operate as
a divestiture of all right, title and interest in the vehicle of
the owner and all lienholders and any interest in the contents
in the vehicle which have not been claimed by the owner.
(e) Police officers and authorized personnel.--Police
officers, authorized personnel, their departments or any
government agency or municipality shall not assess or accept
payment, consideration of any kind or portions of fees outlined
in this chapter from any salvor or person for the processing of
abandoned vehicles.
Section 13. Section 7310 of Title 75 is amended by adding a
subsection to read:
§ 7310. Removal of vehicles and spilled cargo from roadway.
* * *
(d) Removal from Pennsylvania Turnpike System.--
Notwithstanding the other provisions of this section, any
vehicle on the Pennsylvania Turnpike System presumed to be
abandoned as defined in section 102 (relating to definitions)
shall immediately be removed by or at the direction of the
Pennsylvania State Police to the contract garage providing
service for that area. In all cases, the Pennsylvania State
Police shall remove or direct the removal of any such vehicle
within 24 hours of the time of the vehicle's presumption of
abandonment.
Section 14. Section 7311 of Title 75 is amended to read:
§ 7311. Reports by garage keepers of abandoned vehicles.
The person in charge of any garage or repair shop in which a
vehicle of unknown ownership has been left for a period of 15
consecutive days or, in the case of repair or storage, 15
consecutive days following the completion of repairs or storage
agreement without being removed by the owner or any other person
duly authorized to remove the vehicle shall report to the
department within 24 hours of the expiration of the 15-day
period giving the make, [engine number,] vehicle identification
number, registration plate number and the name and address of
the person abandoning the vehicle if known. Upon receipt of the
report the department shall make a distinctive record of the
report and [file the report in the manner provided in section
7114 (relating to records of stolen vehicles).] issue a private
property abandoned vehicle information report under section
7311.1 (relating to reports by private property owners of
abandoned vehicles) to the garage keeper to complete and file
with the police.
Section 15. Title 75 is amended by adding sections to read:
§ 7311.1. Reports by private property owners of abandoned
vehicles.
A person on whose private property is located a vehicle which
has remained on the property without the consent of the property
owner or his agent for more than 24 hours may authorize the
removal or processing of the vehicle. Prior to removal or
processing of the vehicle, that person shall file a report, on a
multipart form prescribed by the department, with the local
police department declaring that an unauthorized vehicle has
been left unattended and on private property for at least 24
hours. One part of such report shall be retained by that person,
and the other part shall be filed with the police department.
The police department shall, within five business days, process
the vehicle as abandoned under this chapter and attach a copy of
the report to the abandoned vehicle information report.
§ 7311.2. Salvors to remove abandoned vehicles in good faith.
When requested to remove an abandoned vehicle, no salvor
shall relocate and subsequently abandon the vehicle. The salvor
shall move the vehicle to a facility for the purpose of storage
of abandoned vehicles or another place as directed by the police
or approved by the department.
Section 16. Sections 7312, 7501 and 7502 of Title 75 are
amended to read:
§ 7312. Penalty for violation of chapter.
(a) Fines and imprisonment.--Any person violating any of the
provisions of this chapter is guilty of a summary offense,
punishable:
(1) For a first offense, by a fine of $100.
(2) For a subsequent offense, by a fine of not less than
$200 nor more than $500 or imprisonment for not more than 90
days, or both.
(a.1) Specific violation.--In addition to any other criminal
or civil penalties provided for in this title or in department
regulations, any salvor who violates section 7311.2 (relating to
salvors to remove abandoned vehicles in good faith) shall be
fined not less than $1,000 nor more than $10,000, one-half to be
paid to the department and the other one-half to be paid to the
municipality where the vehicle was abandoned.
(b) Suspension.--For violation of any of the provisions of
this chapter, the salvor shall be subject to suspension of the
privilege to receive abandoned vehicles under this chapter.
§ 7501. Authorization of messenger [service] and agent
services.
(a) General rule.--The department shall [authorize and shall
issue a certificate of authorization to every] enter into
contracts for messenger [service that complies with the
requirements of this chapter and regulations adopted by the
department.] and agent services.
(b) Unauthorized operation prohibited.--No person shall
operate a messenger or agent service [unless authorized] without
a valid contract.
(c) Penalty.--Any person operating a messenger or agent
service without [authorization] a valid contract is guilty of a
summary offense and shall, upon conviction, be sentenced to pay
a fine of [$200] $500.
[§ 7502. Certificate of authorization.
(a) Application and issuance.--Application for a certificate
of authorization shall be made on a form prescribed by the
Act text part 2
department, accompanied by the applicable fee. The department
shall investigate the qualifications and fitness of the
applicant and shall issue a certificate of authorization if it
determines that the applicant is capable of performing the
duties of a messenger service in a manner consistent with the
public interest and the applicable fees are paid.
(b) Place of business.--Every applicant shall have and
maintain an established place of business. If the applicant has
or intends to have one or more places of business or branch
offices, the application shall contain complete information for
each location.
(c) Bond required.--Before issuing a certificate of
authorization, the department shall require the applicant to
furnish and maintain a bond indemnifying the public and the
department in the amount of $50,000. An individual bond for each
place of business is not required, but all places of business
shall be covered by the bond.
(d) Commonwealth employees ineligible.--No official or
employee of the Commonwealth shall be given authorization to
operate as a messenger service, nor own, nor be employed by, a
messenger service.
(e) Duration and renewal.--Certificates of authorization
shall be given for a period of one year and may be renewed
annually.]
Section 17. Title 75 is amended by adding a section to read:
§ 7502.1. Supersession.
(a) Regulations.--Regulations pertaining to messengers and
agents regarding the amount of a bond, hearings, written
warnings, suspensions, revocations or fines shall not apply to
messengers and agents who enter into contracts with the
department to provide messenger or agent services.
(b) Previous authorization.--Any certificate of
authorization previously issued to a person to provide messenger
or agent services shall be invalid 30 days after the effective
date of this section.
(c) Commonwealth employees ineligible.--No official or
employee of the Commonwealth shall be eligible to enter into a
contract with the department to own or operate a messenger or
agent service nor shall a messenger or agent service employ an
official or employee of the Commonwealth. Nothing in this
subsection prohibits the department from entering into an
agreement with another government agency to allow the agency to
provide agent services for its own use.
Section 18. Section 7503 of Title 75 is amended to read:
[§ 7503. Suspension of authorization.
(a) General rule.--The department shall supervise messenger
services and, after providing an opportunity for a hearing,
shall suspend the authorization of any messenger service which
it finds is not properly operated or which has violated or
failed to comply with any of the provisions of this chapter or
regulations adopted by the department. Any suspended certificate
of authorization shall be returned to the department
immediately. A suspended certificate may be restored on such
terms and conditions, including the posting of additional bond,
as the department shall deem advisable.
(b) Judicial review.--Any person whose certificate of
authorization has been denied or suspended under this chapter
shall have the right to appeal to the court vested with
jurisdiction of such appeals by or pursuant to Title 42
(relating to judiciary and judicial procedure). The court shall
set the matter for hearing upon 30 days' written notice to the
department and take testimony and examine into the facts of the
case and determine whether the petitioner is entitled to a
certificate of authorization or is subject to suspension of the
certificate of authorization under the provisions of this
chapter.]
Section 19. Title 75 is amended by adding a section to read:
§ 7503.1. Bond required.
Before entering into a contract with any person to act as a
messenger or agent service, the department shall require a
person to furnish and maintain a bond indemnifying the public
and the department in an amount specified by the department.
Section 20. Section 7504 of Title 75 is amended to read:
[§ 7504. Place of business.
(a) Operation with other business.--A messenger service may
be operated in conjunction with a closely allied business in
accordance with regulations of the department.
(b) Change of location.--Upon notification in writing to the
department that the location of place of business or branch will
be changed and upon payment of the applicable transfer fee, the
department shall issue a certificate of authorization for the
new location for the unexpired period of authorization if the
department determines that the new location conforms to
department regulations.
(c) Failure to report changes.--A change of location or
addition of a place of business or branch office without
notification to the department shall result in suspension of the
certificate of authorization.
(d) Display of sign and certificate.--Every messenger
service shall display on the outside of each place of business
an identifying sign conforming to regulations of the department
and shall prominently display within each place of business its
certificate of authorization. No person other than an authorized
messenger service shall display a similar identifying sign or
certificate.]
Section 21. Title 75 is amended by adding a section to read:
§ 7504.1. Agent duties and responsibilities.
(a) General rule.--An agent shall faithfully abide by and
comply with all laws pertaining to the issuance of temporary
registration plates and cards.
(b) Return or surrender of temporary registration cards and
plates.--
(1) An agent who discontinues the business shall, within
five days of discontinuance, return to the department all
temporary registration cards and plates in the agent's
possession. The department shall make appropriate refunds
under paragraph (3).
(2) An agent whose contract has been terminated shall
surrender all registration cards and plates in the agent's
possession as directed by the department or its designee.
(3) The fee paid by an agent for a temporary
registration plate shall be refunded to the agent upon the
return of the plate if the plate is accompanied by the
appropriate form provided by the department except when the
contract to operate as an agent is terminated. The department
shall deduct $25 from the refund to cover processing of the
request for refund.
(c) Seizure of registration plates.--Designated department
employees and designees of the department may seize temporary
registration plates and related documents from a messenger or
agent who does not have a contract with the department to
provide agent services.
(d) Display of sign and certificate.--Every messenger or
agent service shall display on the outside of each place of
business an identifying sign conforming to regulations of the
department and shall prominently display within each place of
business its certificate of authorization. No person other than
an authorized messenger or agent service shall display a similar
identifying sign or certificate.
Section 22. Sections 7505 and 7506 of Title 75 are amended
to read:
§ 7505. Transaction of business with department.
The department may designate those locations, facilities and
hours of operation at which messenger or agent services may
transact business with the department. Every messenger or agent
service [to] with whom a [certificate of authorization] contract
has been [issued] signed pursuant to this chapter shall be
permitted to transact business with the department at the
locations and facilities and during the hours of operation
designated by the department. The department may prescribe such
regulations as may be necessary for the administration of this
chapter.
§ 7506. Violations and penalties.
[Any] A person violating any provision of this chapter or the
rules and regulations promulgated thereunder for which a
specific penalty is not provided is guilty of a summary offense
and shall, upon conviction, be sentenced to pay a fine of $100.
Section 23. Title 75 is amended by adding sections to read:
§ 7507. Certified checks may be required.
The department may, in its discretion, require certified
checks, postal or other money orders or cash from a messenger or
agent service after a default in the payment of checks or drafts
of the messenger or agent service.
§ 7508. Nonperformance.
(a) Nonperformance factors.--It shall not be a breach of
contract by a messenger or agent service if the department
determines that the failure to timely submit an application,
taxes or fees was the result of:
(1) an act of God;
(2) criminal or fraudulent action by an employee of the
messenger or agent service which was unknown and could not
have been prevented by the messenger or agent service unless
the department determines that the messenger or agent
service, or an employee of the messenger or agent service,
altered the date of the purchase of a vehicle upon an
application;
(3) a failure by a lienholder to forward a title as
required by section 1135 (a)(1) (relating to satisfaction of
security interest) provided the lienholder received prompt
satisfaction; or
(4) criminal, fraudulent or negligent action by a
messenger service of the department if the agent and
messenger service are not controlled by the same person and
the agent submitted the application, taxes or fees to the
messenger service within 15 days of receipt by the agent
service.
(b) Burden of proof.--A messenger or agent service has the
burden to prove the existence of subsection (a)(1), (2), (3) or
(4). The messenger or agent service shall also prove that its
submission was in accordance with business practices requiring
prompt submission of applications, taxes or fees to the
department.
§ 7509. Messenger and Agent Advisory Committee.
(a) Purpose.--The Messenger and Agent Advisory Committee,
consisting of 13 members, shall be created by the department to
develop contract language and propose regulations governing
messenger and agent services.
(b) Membership.--The advisory committee shall consist of the
following members:
(1) One member appointed by the Governor from names
submitted by each of the following organizations to represent
the messenger and agent services industries and the needs of
the motoring public:
(i) The Pennsylvania AAA Federation.
(ii) The Pennsylvania Automotive Association.
(iii) The Pennsylvania Association of Notaries.
(iv) The Pennsylvania Independent Auto Dealers
Association.
(v) The Pennsylvania Association of Auto License
Brokers.
(2) Two members from the general public appointed by the
Governor.
(3) The Secretary of Transportation or the secretary's
designee.
(4) The Commissioner of the Pennsylvania State Police or
the commissioner's designee.
(5) The chairman and minority chairman of the
Transportation Committee of the Senate and the chairman and
minority chairman of the Transportation Committee of the
House of Representatives.
(c) Meetings.--The advisory committee shall meet from time
to time as necessary to resolve issues pertaining to development
of contract language and proposal of regulations. The first
meeting shall take place within 60 days of the effective date of
this section.
(d) Termination.--The advisory committee shall terminate
upon the department's issuance of proposed regulations governing
messenger and agent services.
Section 24. Pending promulgations of the regulations
required by 75 Pa.C.S. § 4722, the Department of Transportation
is authorized to issue and revoke waivers of the hour
requirements for official inspection stations as follows:
(1) A request for a waiver of business hours shall be
submitted to the Bureau of Motor Vehicles of the Department
of Transportation on a form provided by the department. The
form shall require the following information:
(i) All relevant station and ownership information.
(ii) The reason for the request.
(iii) A listing of requested days/hours of
operation. An inspection station shall be open a minimum
of 20 hours per week, and a minimum of ten of those hours
shall be during Monday through Friday between 7 a.m. and
8 p.m.
(iv) A detailed explanation of security measures
relating to inspection stickers and inspection records
which will be in place during the requested hours of
operation.
(v) An estimate of the number and type of
inspections to be performed.
(vi) If applicable, a copy of any contract or
arrangement made with other business concerns for which
inspections will be performed documenting the need for
the waiver of hours.
(vii) Any other documentation or information
requested by the department.
(2) A waiver of hours may be denied or revoked for any
of the following reasons:
(i) If a violation of the inspection regulations was
committed by the inspection station owner, manager,
certified inspector or other employee at the station
within three years immediately preceding a request for
waiver of hours.
(ii) If the station owner, manager, a certified
inspector or other employee at an inspection station that
has been granted a waiver of hours commits a violation of
the inspection regulations after the waiver has been
granted.
(iii) If any station personnel currently employed or
hired have been or are currently suspended for inspection
violations.
(iv) If the department or its designee is unable on
two attempts on two different business days to perform
any official visit, including a periodic records audit,
during the hours specified in the approved waiver.
(v) If a station fails to be in operation during the
hours specified in the waiver.
(vi) If a station fails to comply with any of the
provisions of this section.
Section 25. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) The addition of the definition of "nonrepairable
vehicle" in 75 Pa.C.S. § 102.
(ii) The addition of 75 Pa.C.S. § 1109(6).
(iii) The addition of 75 Pa.C.S. § 4729(5).
(iv) The addition of 75 Pa.C.S. § 7507.
(v) Section 24 of this act.
(vi) This section.
(1.1) The amendment or addition of the following
provisions shall take effect in 120 days:
(i) 75 Pa.C.S. § 1503(a)(9).
(ii) 75 Pa.C.S. § 1515.
(iii) 75 Pa.C.S. § 1617(4).
(iv) 75 Pa.C.S. § 1951(a).
(2) The following provisions shall take effect in six
months:
(i) The addition of the definition of "agent
service" in 75 Pa.C.S. § 102.
(ii) The amendment of 75 Pa.C.S. § 7501(a).
(iii) The amendment of 75 Pa.C.S. § 7502.
(iv) The addition of 75 Pa.C.S. § 7502.1(a) and (c).
(v) The addition of 75 Pa.C.S. § 7503.1.
(vi) The addition of 75 Pa.C.S. § 7504.1.
(vii) The amendment of 75 Pa.C.S. § 7506.
(viii) The amendment of 75 Pa.C.S. § 7508.
(3) The addition of the following provisions shall take
effect in 270 days:
(i) 75 Pa.C.S. § 1506(a.1).
(ii) 75 Pa.C.S. § 1510(i).
(iii) 75 Pa.C.S. § 1514(e).
(4) The following provisions shall take effect in two
years:
(i) The amendment of 75 Pa.C.S. § 7501(b) and (c).
(ii) The addition of 75 Pa.C.S. § 7502.1(b).
(iii) The amendment of 75 Pa.C.S. § 7503.
(iv) The amendment of 75 Pa.C.S. § 7504.
(v) The amendment of 75 Pa.C.S. § 7505.
(5) The remainder of this act shall take effect in in 60
days.
APPROVED--The 9th day of December, A. D. 2002.
MARK S. SCHWEIKER
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