PRINTER'S NO. 1170
No. 1047 Session of 1979
INTRODUCED BY MICHLOVIC, AUSTIN, DAWIDA, KOLTER, COWELL,
SEVENTY, MURPHY, MRKONIC, COCHRAN, PISTELLA, DUFFY, KNIGHT,
ITKIN, RHODES, CHESS, NOYE, ZORD, M. H. GEORGE, KUKOVICH,
FISHER, YAHNER AND O'DONNELL, APRIL 25, 1979
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 25, 1979
AN ACT
1 Amending the act of June 19, 1964 (P.L.7, No.1), entitled "An
2 act imposing a road tax upon certain motor carriers,
3 providing for the collection and administration thereof,
4 establishing penalties, and making an appropriation to the
5 Motor License Fund," further providing for registration cards
6 and fees, eliminating certain exemptions and changing
7 penalties.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Subsection (a) of section 11 and sections 13, 15,
11 21 and 25, act of June 19, 1964 (P.L.7, No.1), known as the
12 "Motor Carriers Road Tax Act," are amended to read:
13 Section 11. Vehicle Marker; Fee.--(a) The secretary shall
14 provide an identification marker and registration card to every
15 motor vehicle operated by the motor carrier. The identification
16 marker must be affixed to the vehicle in an easily visible
17 position and the registration card carried in the cab of the
18 vehicle. The identification marker and registration card shall
19 remain the property of the Commonwealth of Pennsylvania and may
1 be recalled for any violation of the provisions of this act or
2 of the regulations promulgated thereunder. The secretary shall
3 provide by regulation for the registration of every such
4 vehicle, for a fee of two dollars ($2) each except that for
5 vehicles registered in this Commonwealth, the fee shall be
6 deemed included in their registration fee. Registration cards
7 and identification markers shall be issued on a twelve month
8 basis effective April 1 of each year and shall be valid through
9 the next succeeding March 31[, except that any such registration
10 cards and identification markers issued prior to April 15, 1965,
11 shall be valid through March 31, 1966]. For vehicles registered
12 in this Commonwealth, the registration cards and identification
13 markers shall be provided when the vehicle is registered. The
14 enforcement of this subsection shall not become effective until
15 April 15 of each year providing the motor carrier has the
16 previous year's identification marker displayed on his vehicles
17 and the registration card in the cab of his vehicles before
18 entry into the Commonwealth of Pennsylvania. It shall be illegal
19 to operate or to cause to be operated in this State any motor
20 vehicle defined in section 2 hereinabove, unless the vehicle
21 bears the identification marker required by this section;
22 provided, however, the secretary by regulation may exempt from
23 the requirement for displaying the said identification marker
24 such vehicles as urban and public transit vehicles or others if
25 in his discretion they are clearly identifiable and the
26 effective enforcement of this act will not suffer thereby[: And
27 further provided, That vehicles bearing valid registration
28 plates issued by this State shall be exempt from the provisions
29 of this section]. In addition and for a period not exceeding
30 twenty-five days as to any one motor carrier the secretary by
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1 letter or telegram may authorize the operation of a vehicle or
2 vehicles without the identification marker required when the
3 enforcement of this section for that period would cause undue
4 delay and hardship in the operation of the said vehicle or
5 vehicles, and further the secretary by regulation may authorize
6 the issuance of a book of temporary twenty-five day permits. The
7 fee for these permits shall be five dollars ($5) for each motor
8 vehicle and conditions for the issuance of such permits shall be
9 set forth by regulations promulgated by the department.
10 * * *
11 [Section 13. Exemption; Reciprocal Agreements.--The
12 provisions of this act shall not apply to motor vehicles bearing
13 the registration plates of any other state which does not impose
14 a tax, license or fee upon motor vehicles bearing valid
15 registration plates of this State. The secretary is authorized
16 to make reciprocal agreements with the proper officials of any
17 other state imposing any such tax, license or fee, providing for
18 the reduction or relief from the tax imposed by this act, upon
19 motor vehicles bearing valid registration plates of such other
20 state, in exchange for the reduction or relief from the tax,
21 license or fee imposed by such other state upon motor vehicles
22 bearing valid registration plates of this State.]
23 Section 15. False Statements; Penalties.--Any person who
24 wilfully and knowingly makes, publishes, delivers or utters a
25 false statement orally, or in writing, or in the form of a
26 receipt for the sale of motor fuel, for the purpose of obtaining
27 or attempting to obtain, or to assist any other person to obtain
28 or attempt to obtain a credit or refund or reduction of
29 liability for taxes under this act, shall be guilty of a
30 [misdemeanor] summary offense and, upon conviction thereof,
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1 shall be sentenced to pay a fine [not exceeding] of five hundred
2 dollars ($500), or undergo imprisonment for a term not exceeding
3 [one year] ninety days, or both.
4 Section 21. Penalties.--Any person wilfully violating the
5 provisions of this act, not covered by any other penalty
6 provision contained in this act, shall be guilty of a
7 [misdemeanor] summary offense and, upon conviction thereof,
8 shall be sentenced to pay a fine [not exceeding] of five hundred
9 dollars ($500), or undergo imprisonment for a term not exceeding
10 [one year] ninety days, or both. If the person convicted is a
11 corporation, any imprisonment imposed shall be served by the
12 responsible corporate officer.
13 [Section 25. The provisions of this act shall not apply to
14 any motor carrier owning or operating not more than one motor
15 vehicle for its own use and not for hire.]
16 Section 2. This act shall take effect as follows:
17 (1) The amendments to sections 11 and 25 shall take
18 effect at the beginning of the next registration period
19 beginning 60 days or more after final passage of this act.
20 (2) The amendments to sections 13, 15 and 21 shall take
21 effect in 90 days.
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