PRIOR PRINTER'S NO. 3036                      PRINTER'S NO. 3476

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2284 Session of 1988


        INTRODUCED BY MARKOSEK, MELIO, DALEY, PRESSMANN, RAYMOND,
           TRELLO, HERSHEY AND MERRY, MARCH 22, 1988

        AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 14, 1988

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for registration and certificate
     3     of title.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1101(b) of Title 75 of the Pennsylvania
     7  Consolidated Statutes is repealed.
     8     Section 2.  Section 1102(5) and (6) of Title 75 are amended
     9  and the section is amended by adding a paragraph to read:
    10  § 1102.  Vehicles not requiring certificate of title.
    11     No certificate of title is required for:
    12         * * *
    13         (5)  A vehicle owned by a resident [legally required to
    14     be registered in another state, based and used principally
    15     outside of this Commonwealth, and not required by law to be
    16     registered in this Commonwealth] exempt from registration
    17     under section 1302(6) (relating to vehicles exempt from


     1     registration).
     2         (6)  A vehicle [regularly engaged in the interstate
     3     transportation of persons or property for which a currently
     4     effective certificate of title has been issued in another
     5     state] owned by a nonresident and registered in another state
     6     which is also required to be registered in this Commonwealth.
     7         * * *
     8         (11)  A tow dolly.
     9     Section 3.  Section 1301(a) and (b) of Title 75 are amended
    10  to read:
    11  § 1301.  Registration and certificate of title required.
    12     (a)  Driving unregistered vehicle prohibited.--No person
    13  shall drive or move and no owner shall [knowingly] permit to be
    14  driven or moved upon any highway any vehicle which is not
    15  registered in this Commonwealth unless the vehicle is exempt
    16  from registration.
    17     (b)  [Proof of residency] Burden of proof.--A person charged
    18  under this section has the burden of [proving that he is a
    19  nonresident] proof whenever he asserts a defense based on
    20  [section 1303 (relating to vehicles of nonresidents exempt from
    21  registration)] exemption from registration. If he produces at
    22  the office of the issuing authority satisfactory proof that [he
    23  is a nonresident and is in compliance with section 1303] the
    24  vehicle is exempt from registration within five days after being
    25  charged with a violation of this section, the issuing authority
    26  shall dismiss the charge.
    27     * * *
    28     Section 4.  Section 1302(6) of Title 75 is amended and the
    29  section is amended by adding a paragraph to read:
    30  § 1302.  Vehicles exempt from registration.
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     1     The following types of vehicles are exempt from registration:
     2         * * *
     3         (6)  Any vehicle based in another state, legally required
     4     to be registered there, owned by a resident [legally required
     5     to be registered in another state based] of this Commonwealth
     6     and used principally outside of this Commonwealth. A vehicle
     7     is based in the state from or in which the vehicle is most
     8     frequently dispatched, garaged, serviced, maintained,
     9     operated and otherwise controlled.
    10         * * *
    11         (19)  A tow dolly.
    12     Section 5.  This act shall take effect in 60 days              <--
    13  IMMEDIATELY.                                                      <--












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