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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2767, 2797, 3500,        PRINTER'S NO. 4752
        3561, 4718

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2066 Session of 2003


        INTRODUCED BY GEIST, McCALL, MARSICO, MAHER, WILT, PETRARCA,
           MELIO, WASHINGTON, ROBERTS, SANTONI, D. EVANS, HARPER,
           BALDWIN, HESS, McGILL, STAIRS, WATSON, LAUGHLIN, WOJNAROSKI,
           FAIRCHILD, RUFFING, FORCIER, SAYLOR, DERMODY, LaGROTTA,
           ALLEN, ARMSTRONG, BEBKO-JONES, BENNINGHOFF, BIANCUCCI,
           CAPPELLI, CLYMER, COLEMAN, CORRIGAN, COY, CRAHALLA, CRUZ,
           DALEY, DeLUCA, DeWEESE, EGOLF, FABRIZIO, FICHTER, GERGELY,
           GINGRICH, GODSHALL, GRUCELA, HALUSKA, HARHART, HARRIS,
           HERMAN, HERSHEY, HORSEY, JOSEPHS, KELLER, KENNEY, KIRKLAND,
           MARKOSEK, McILHATTAN, McNAUGHTON, PALLONE, PAYNE, PETRI,
           PHILLIPS, PISTELLA, REED, RUBLEY, SAINATO, SCAVELLO, SEMMEL,
           SOLOBAY, E. Z. TAYLOR, TURZAI, VANCE, WALKO, WEBER,
           YOUNGBLOOD AND HENNESSEY, OCTOBER 14, 2003

        SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, NOVEMBER 17, 2004

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further defining "collectible motor vehicle";
     3     defining "I-CAR"; further providing for application for        <--
     4     certificate of title, for transfer of vehicle ownership and
     5     for reconstructed vehicles; providing for titling and
     6     inspection of reconstructed, modified and specially
     7     constructed vehicles AND FOR ADVISORY PANEL; further           <--
     8     providing for required registration and certificate of title;  <--
     9     providing for fees for reconstructed, modified and specially
    10     constructed vehicle inspection; further providing for the fee
    11     for identification cards;, for VEHICLES EXEMPT FROM            <--
    12     REGISTRATION, FOR ANTIQUE, CLASSIC AND COLLECTIBLE PLATES,     <--
    13     FOR SAFETY INSPECTION CRITERIA FOR STREET RODS AND FOR
    14     LIMITED LIABILITY OF INSPECTION STATION OR MECHANIC;
    15     providing for certificate of appointment for ENHANCED VEHICLE  <--
    16     SAFETY INSPECTION FOR reconstructed vehicle inspection sites;
    17     and further providing for issuance of certificate of           <--
    18     inspection and for State replacement vehicle identification
    19     number plate.

    20     The General Assembly of the Commonwealth of Pennsylvania

     1  hereby enacts as follows:
     2     Section 1.  The definition of "collectible motor vehicle" in
     3  section 102 of Title 75 of the Pennsylvania Consolidated
     4  Statutes is amended and the section is amended by adding a        <--
     5  definition to read:
     6  § 102.  Definitions.
     7     Subject to additional definitions contained in subsequent
     8  provisions of this title which are applicable to specific
     9  provisions of this title, the following words and phrases when
    10  used in this title shall have, unless the context clearly
    11  indicates otherwise, the meanings given to them in this section:
    12     * * *
    13     "Collectible motor vehicle."  A reconstructed or modified
    14  motor vehicle substantially modified from the manufacturer's
    15  original specifications and appearance and maintained in a
    16  collectible condition as determined by the Department of
    17  Transportation.
    18     * * *
    19     "I-CAR."  The Inter-Industry Conference on Auto Collision      <--
    20  Repair.
    21     * * *
    22     Section 2.  Section 1103.1(g) of Title 75 is amended to read:
    23  § 1103.1.  Application for certificate of title.
    24     * * *
    25     (g)  [Specially constructed, reconstructed or modified]
    26  Reconstructed, modified or specially constructed vehicles.--If
    27  the vehicle to be titled is a [specially constructed,]
    28  reconstructed [or], modified or specially constructed vehicle,
    29  that fact shall be stated in the application[.], and prior to
    30  the issuance of a certificate of title, the vehicle shall be
    20030H2066B4752                  - 2 -     

     1  inspected at a reconstructed vehicle inspection site pursuant to
     2  section 1165.1 (relating to titling and inspection of
     3  reconstructed, modified and specially constructed vehicles).
     4  Modified vehicles that are subsequently remodified shall reapply
     5  for title under this section. The department may promulgate
     6  rules and regulations pertaining to the titling of [specially
     7  constructed,] reconstructed [or], modified or specially
     8  constructed vehicles.
     9     * * *
    10     Section 3.  Section 1111 of Title 75 is amended by adding a
    11  subsection to read:
    12  § 1111.  Transfer of ownership of vehicle.
    13     * * *
    14     (a.3)  Exception for reconstructed, modified and specially
    15  constructed vehicles.--When a certificate of title for a
    16  reconstructed, modified or specially constructed vehicle, which
    17  has been acquired by a licensed dealer for purposes of resale
    18  and has been submitted to a reconstructed vehicle inspection
    19  site by the licensed dealer, delivery of the certificate of
    20  title by the dealer as a transferor at the time of delivery of
    21  the vehicle upon resale shall not be required for a vehicle
    22  being titled in this Commonwealth if, prior to delivery of the
    23  vehicle, the dealer obtains the resale authorization form from
    24  the reconstructed vehicle inspection site and the applicable
    25  powers of attorney to properly execute transfer of the title.
    26  The application and properly assigned certificate of title shall
    27  be delivered to the department within the time period prescribed
    28  by section 1103.1.
    29     * * *
    30     Section 4.  Section 1165(b) of Title 75 is amended to read:
    20030H2066B4752                  - 3 -     

     1  § 1165.  Reconstructed vehicles.
     2     * * *
     3     [(b)  Application for a reconstructed vehicle certificate of
     4  title.--A reconstructed vehicle title and registration shall be
     5  issued to an applicant if the applicant presents to the
     6  department an application for a certificate of title upon a form
     7  furnished and prescribed by the department and any other
     8  information the department deems appropriate.]
     9     Section 5.  Title 75 is amended by adding sections to read:
    10  § 1165.1.  Titling and inspection of reconstructed, modified and
    11             specially constructed vehicles.
    12     (a)  General rule.--The applicant shall present to the
    13  department or its authorized agent at a specifically designated
    14  reconstructed vehicle inspection site all of the following:
    15         (1)  A properly assigned certificate of title,
    16     certificate of origin, certificate of salvage and any other
    17     required documents establishing ownership, including official
    18     vehicle ownership documents issued in foreign states or
    19     countries.
    20         (2)  A properly repaired or constructed vehicle.
    21         (3)  Vehicle identification numbers, invoices, bills of
    22     sale, receipts or other evidence of legitimate ownership for:
    23             (i)  The vehicle.
    24             (ii)  All essential parts used or purchased for the
    25         construction or repair of the vehicle.
    26         (4)  Proof of financial responsibility, if registration
    27     is requested.
    28         (5)  All fees required by Chapter 19 (relating to fees).
    29         (6)  Any other requirements the department deems
    30     appropriate and published by notice in the Pennsylvania
    20030H2066B4752                  - 4 -     

     1     Bulletin.
     2     (b)  Issuance.--Registration and a certificate of safety
     3  inspection may be issued for the vehicle immediately if the
     4  applicant fully complies with the requirements of subsection
     5  (a). A licensed dealer in compliance with subsection (a) may
     6  immediately be issued a resale authorization form.
     7     (c)  Reconstructed vehicle inspection sites.--
     8         (1)  For the purpose of inspecting reconstructed,
     9     modified and specially constructed vehicles, the department
    10     shall establish a system of privately owned facilities
    11     exclusively designated to conduct the inspections.
    12         (2)  Designated facilities shall:
    13             (i)  Be located throughout this Commonwealth as
    14         specified by the department.
    15             (ii)  Be under contract with the department.
    16             (iii)  Employ at least one safety inspection mechanic
    17         certified in accordance with section 4726 (relating to
    18         certification of mechanics) and I-CAR standards or
    19         similar nationally recognized standards approved by the
    20         department.
    21         (3)  The designated personnel at each site shall verify
    22     that:
    23             (i)  The vehicle identification numbers on the
    24         vehicle are an accurate match of those listed on the
    25         application, the certificate of title, the certificate of
    26         origin, the certificate of salvage and any other official
    27         vehicle ownership documents, including those issued by
    28         foreign states or countries.
    29             (ii)  No stolen parts were used to modify, construct
    30         or reconstruct the vehicle.
    20030H2066B4752                  - 5 -     

     1             (iii)  The vehicle is modified, constructed or
     2         reconstructed to meet all equipment and inspection
     3         requirements of this title and applicable I-CAR standards
     4         or similar nationally recognized standards approved by
     5         the department.
     6         (4)  An inspection conducted under this section shall not
     7     be construed as a guarantee of the safety of any vehicle and
     8     neither the Commonwealth nor the reconstructed vehicle
     9     inspection site where the inspection is conducted nor the
    10     employees performing the inspection shall be liable to the
    11     owner or occupants of any inspected vehicle for any damages
    12     caused by the failure or malfunction of that vehicle or to
    13     the owner or occupants of any vehicle involved in an accident
    14     with that inspected vehicle or to any pedestrian injured in
    15     the accident.
    16         (5)  No person shall perform any part of an inspection on
    17     a vehicle owned by the person.
    18  § 1165.2.  Advisory panel.
    19     The department shall establish an advisory panel to oversee
    20  and make recommendations concerning the reconstructed vehicle
    21  inspection site program and contract. The panel shall meet at
    22  least semiannually in Harrisburg. The panel shall consist of the
    23  following:
    24     SECTION 2.  TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:    <--
    25  § 1165.1.  INSPECTION OF RECONSTRUCTED, MODIFIED AND SPECIALLY
    26             CONSTRUCTED VEHICLES.
    27     (A)  FINDINGS OF FACT.--THE GENERAL ASSEMBLY FINDS THAT A KEY
    28  ELEMENT FOR SUCCESSFULLY CONVERTING A STOLEN VEHICLE INTO A
    29  MARKETABLE ITEM IS OBTAINING A TITLE TO THAT VEHICLE. IN A
    30  REPORT TO THE CONGRESS OF THE UNITED STATES, THE MOTOR VEHICLE
    20030H2066B4752                  - 6 -     

     1  TITLING, REGISTRATION AND SALVAGE ADVISORY COMMITTEE MADE
     2  SEVERAL RECOMMENDATIONS THAT WOULD ASSIST STATE MOTOR VEHICLE
     3  AGENCIES TO COMBAT THE VEHICLE THEFT AND TITLE FRAUD THAT HAS
     4  BEEN RISING AT AN ALARMING RATE THROUGHOUT THE NATION. IN THE
     5  COMMITTEE'S REPORT, RECOMMENDATIONS WERE FOR EACH STATE TO
     6  ESTABLISH A TWO-PART INSPECTION PROCEDURE. PART ONE WOULD BE TO
     7  INSPECT EACH VEHICLE TO VERIFY THE VIN AND REPLACEMENT PARTS
     8  (SUPPORTED BY TITLES, PROOF OF OWNERSHIP, BILLS OF SALE) AND
     9  OWNER AFFIRMATION. PART TWO WOULD BE TO PROVIDE A UNIFORM SAFETY
    10  INSPECTION FOR REBUILT SALVAGE VEHICLES.
    11     (B)  GENERAL RULE.--ALL RECONSTRUCTED, MODIFIED AND SPECIALLY
    12  CONSTRUCTED VEHICLES SHALL BE REQUIRED TO UNDERGO AN ENHANCED
    13  VEHICLE SAFETY INSPECTION AS SPECIFIED IN DEPARTMENTAL
    14  CONTRACTS, POLICY GUIDELINES OR REGULATIONS AS DEEMED
    15  APPROPRIATE BY THE ADVISORY PANEL CONVENED UNDER SECTION 1165.2
    16  (RELATING TO SPECIALIZED VEHICLE COMPLIANCE INSPECTION ADVISORY
    17  PANEL).
    18  § 1165.2.  SPECIALIZED VEHICLE COMPLIANCE INSPECTION ADVISORY
    19             PANEL.
    20     (A)  ESTABLISHMENT.--THE DEPARTMENT SHALL ESTABLISH A
    21  SPECIALIZED VEHICLE COMPLIANCE INSPECTION ADVISORY PANEL TO
    22  OVERSEE AND MAKE RECOMMENDATIONS CONCERNING ESTABLISHMENT OF
    23  PROCEDURES AND REQUIREMENTS FOR SPECIALIZED VEHICLE COMPLIANCE
    24  INSPECTION OF RECONSTRUCTED, MODIFIED AND SPECIALLY CONSTRUCTED
    25  VEHICLES. THE PANEL SHALL CONSIST OF THE FOLLOWING:
    26         (1)  THE SECRETARY OR HIS DESIGNEE WHO SHALL SERVE AS
    27     CHAIRMAN.
    28         (1) (2)  The chairman and minority chairman of the         <--
    29     Transportation Committee of the Senate and the chairman and
    30     minority chairman of the Transportation Committee of the
    20030H2066B4752                  - 7 -     

     1     House of Representatives or their designees.
     2         (2)  A representative of the department.                   <--
     3         (3)  A representative of the Office of Attorney General.
     4         (4)  A representative of the Pennsylvania State Police.    <--
     5         (5) (4)  A vehicle salvage dealer selected by the          <--
     6     department.
     7         (6)  A salvor selected by the department.                  <--
     8         (7) (5)  A licensed vehicle dealer who reconstructs or     <--
     9     modifies vehicles.
    10         (8)  A member of the Auto Theft Prevention Authority.      <--
    11         (9)  Two members of the general public selected by the
    12     department.
    13         (10)  A certified mechanic who performs vehicle
    14     inspections.
    15         (6)  A MEMBER OF THE ALLIANCE OF AUTOMOTIVE SERVICE        <--
    16     PROVIDERS.
    17         (7)  A MEMBER OF THE PENNSYLVANIA AUTOMOTIVE ASSOCIATION.
    18         (8)  A MEMBER OF THE PENNSYLVANIA INDEPENDENT AUTOMOTIVE
    19     DEALERS ASSOCIATION.
    20         (9)  A CERTIFIED MECHANIC WHO PERFORMS VEHICLE
    21     INSPECTIONS.
    22         (10)  A CERTIFIED COLLISION REPAIR TECHNICIAN WHO
    23     PERFORMS VEHICLE RECONSTRUCTION.
    24     (B)  DUTIES AND RESPONSIBILITIES.--THE PANEL SHALL:
    25         (1)  ESTABLISH A SYSTEM OF PRIVATELY OWNED RECONSTRUCTED
    26     VEHICLE INSPECTION FACILITIES STAFFED BY SPECIALLY TRAINED
    27     INDIVIDUALS TO INSPECT FOR COMPLIANCE WITH VEHICLE
    28     REGULATIONS.
    29         (2)  PROMOTE HIGHWAY SAFETY AND CONSUMER CONFIDENCE
    30     THROUGH SPECIALIZED INSPECTIONS.
    20030H2066B4752                  - 8 -     

     1         (3)  DIMINISH FRAUD AND USE OF STOLEN VEHICLES AND PARTS
     2     IN VEHICLE REBUILDS.
     3         (4)  IMPROVE THE TITLING PROCESS FOR STREET RODS,
     4     RECONSTRUCTED, MODIFIED AND SPECIALLY CONSTRUCTED VEHICLES.
     5     (C)  COOPERATION.--NOTHING SHALL PREVENT THE CHAIRMAN OR
     6  MEMBERS OF THE COMMITTEE FROM ENLISTING COOPERATION FROM
     7  PROFESSIONALS OUTSIDE OF THE PANEL MEMBERS OR FROM HOLDING
     8  HEARINGS OR TAKING TESTIMONY ON ISSUES RELATING TO THE
     9  RECONSTRUCTED VEHICLE PROCESS.
    10     (D)  EXPIRATION.--THIS SECTION SHALL EXPIRE JANUARY 1, 2007.
    11     Section 6 3.  Section 1301(c.1) of Title 75 is amended and     <--
    12  the section is amended by adding a subsection to read:
    13  § 1301.  Registration and certificate of title required.
    14     * * *
    15     (c.1)  Reconstructed, [recovered theft, flood,] modified and   <--
    16  specially constructed vehicles.--Only the department [shall] or
    17  a designated inspector at a reconstructed vehicle inspection
    18  site under section 1165 (relating to reconstructed vehicles) may
    19  issue a temporary registration plate or card, or permit the
    20  transfer of a registration plate, in conjunction with any
    21  application for reconstructed, recovered theft, flood, modified
    22  and specially constructed vehicles. Proof of financial
    23  responsibility must accompany the application for registration
    24  prior to the issuance of a registration plate.
    25     (c.2)  Special inspection prerequisite to operation.--No       <--
    26  AFTER THE EFFECTIVE DATE OF THIS SECTION, NO reconstructed,       <--
    27  modified or specially constructed vehicle may be operated on the
    28  highway until it has successfully passed an inspection at a
    29  reconstructed vehicle inspection site. Modified vehicles that     <--
    30  are subsequently remodified must be reinspected at a
    20030H2066B4752                  - 9 -     

     1  reconstructed vehicle inspection site prior to operation on the
     2  highway. STATION.                                                 <--
     3     * * *
     4     Section 7.  Section 1951 heading and (c) of Title 75 are       <--
     5  amended to read:
     6  § 1951.  Driver's license [and], learner's permit and
     7             identification card.
     8     * * *
     9     (c)  Identification card.--The fee for an identification card
    10  shall be $5 plus the cost of the photograph[.], except that if
    11  the person to whom the identification card is issued is an
    12  anatomical organ donor under section 1510(c), then the fee and
    13  the cost of the photograph shall be waived.
    14     * * *
    15     Section 8.  Title 75 is amended by adding sections to read:
    16  § 1962.  Reconstructed, modified and specially constructed
    17             vehicle inspection.
    18     The schedule of fees for the inspection of a reconstructed,
    19  modified or specially constructed vehicle at a reconstructed
    20  vehicle inspection site shall be set by the department and
    21  published by notice in the Pennsylvania Bulletin. The fee shall
    22  be paid directly to the reconstructed vehicle inspection site
    23  for the vehicle inspection. For a vehicle that requires
    24  reinspection, an additional fee shall not be required if the
    25  vehicle is presented for the reinspection within 90 days of the
    26  initial inspection.
    27  § 4723.1.  Certificate of appointment for reconstructed vehicle
    28             inspection sites.
    29     (a)  Certificate.--The department shall issue a certificate
    30  of appointment for reconstructed vehicle inspection sites.
    20030H2066B4752                 - 10 -     

     1     (b)  Authority.--The certificate of appointment shall
     2  authorize the inspection of:
     3         (1)  Reconstructed, modified and specially constructed
     4     vehicles.
     5         (2)  Vehicles owned or leased by the Commonwealth or
     6     political subdivisions.
     7         (3)  Vehicles leased or owned by the reconstructed
     8     vehicle inspection site.
     9     (c)  Offsite inspection.--Inspection of reconstructed,
    10  modified and specially constructed vehicles may be performed
    11  offsite for:
    12         (1)  Oversize vehicles.
    13         (2)  Mobile homes.
    14         (3)  Licensed dealers or fleet owners who meet specific
    15     requirements approved by the department.
    16         (4)  Other vehicles approved by the department.
    17     Section 9.  Section 4727 of Title 75 is amended by adding a
    18  subsection to read:
    19  § 4727.  Issuance of certificate of inspection.
    20     * * *
    21     (b.1)  Refusal to inspect.--An official inspection station
    22  shall refuse to inspect any modified vehicle which is not
    23  properly titled by the Commonwealth.
    24     * * *
    25     SECTION 4.  SECTION 1302 OF TITLE 75 IS AMENDED BY ADDING A    <--
    26  PARAGRAPH TO READ:
    27  § 1302.  VEHICLES EXEMPT FROM REGISTRATION.
    28     THE FOLLOWING TYPES OF VEHICLES ARE EXEMPT FROM REGISTRATION:
    29         * * *
    30         (21)  SPECIAL MOBILE EQUIPMENT ENGAGED IN CONSTRUCTION
    20030H2066B4752                 - 11 -     

     1     ACTIVITIES WITHIN ONE MILE OF AN ACTIVE CONSTRUCTION SITE
     2     WHERE THE VEHICLE IS BEING USED. UNREGISTERED VEHICLES USED
     3     UNDER THIS PARAGRAPH SHALL BE REQUIRED TO MEET LIGHTING AND
     4     OTHER REQUIREMENTS OF SPECIAL MOBILE EQUIPMENT. THIS
     5     EXEMPTION SHALL NOT APPLY TO TRACKED VEHICLES.
     6     SECTION 5.  SECTIONS 1340(A), 4702(C) AND 4702.1(A) OF TITLE   <--
     7  75 ARE AMENDED TO READ:
     8  § 1340.  ANTIQUE, CLASSIC AND COLLECTIBLE PLATES.                 <--
     9     (A)  GENERAL RULE.--UPON SUBMISSION BY A VEHICLE OWNER OF
    10  INFORMATION SATISFACTORY TO THE DEPARTMENT THAT A MOTORCYCLE OR
    11  MOTOR VEHICLE IS AN ANTIQUE MOTORCYCLE OR MOTOR VEHICLE OR
    12  CLASSIC MOTORCYCLE OR MOTOR VEHICLE OR COLLECTIBLE MOTORCYCLE OR
    13  MOTOR VEHICLE, ACCOMPANIED BY THE APPROPRIATE FEE, THE
    14  DEPARTMENT MAY ISSUE SPECIAL PLATES FOR THE MOTORCYCLE OR
    15  VEHICLE. THE SPECIAL PLATE FOR ANTIQUE MOTOR VEHICLES, EXCEPT
    16  ANTIQUE MOTORCYCLES, SHALL BEAR THE DESIGNATION "ANTIQUE
    17  VEHICLE." THE APPLICANT SHALL PROVIDE PHOTOGRAPHIC PROOF IN A
    18  MANNER SPECIFIED BY THE DEPARTMENT TO DEMONSTRATE THE CONDITION
    19  OF THE MOTOR VEHICLE. NO ANNUAL REGISTRATION FEE MAY BE CHARGED
    20  FOR ANTIQUE, COLLECTIBLE OR CLASSIC MOTORCYCLES OR MOTOR
    21  VEHICLES. A HOLDER OF THE SPECIAL PLATES MAY OBTAIN REPLACEMENT
    22  PLATES BEARING THE DESIGNATION "ANTIQUE VEHICLE" UPON PAYMENT OF
    23  THE APPROPRIATE FEE.
    24     * * *
    25  § 4702.  REQUIREMENT FOR PERIODIC INSPECTION OF VEHICLES.
    26     * * *
    27     (C)  SAFETY INSPECTION CRITERIA FOR STREET RODS.--THE
    28  DEPARTMENT, AFTER CONSULTATION WITH THE NATIONAL STREET ROD
    29  ASSOCIATION AND OTHER INTERESTED GROUPS, SHALL PRESCRIBE SPECIAL
    30  INSPECTION CRITERIA FOR VEHICLES REGISTERED AS STREET RODS.
    20030H2066B4752                 - 12 -     

     1  VEHICLES REGISTERED AS STREET RODS WILL NOT BE REQUIRED TO BE
     2  EQUIPPED WITH BUMPERS, FENDERS OR ENGINE COVERAGE AS ORIGINALLY
     3  MANUFACTURED. IF THE HOOD, TOP AND SIDES, OR BOTH, ARE REMOVED
     4  FROM THE VEHICLE THE ENGINE FAN MUST BE ENCLOSED WITH A SHROUD
     5  DESIGNED TO PROTECT THE FAN FROM ACCIDENTAL CONTACT FROM THE
     6  OUTSIDE.
     7     * * *
     8  § 4702.1.  LIMITED LIABILITY OF INSPECTION STATION OR MECHANIC.
     9     (A)  GENERAL RULE.--AN INSPECTION CONDUCTED PURSUANT TO
    10  SECTION 4702(A) (RELATING TO ANNUAL INSPECTION) OR SECTION
    11  1165.1 (RELATING TO INSPECTION OF RECONSTRUCTED, MODIFIED AND
    12  SPECIALLY CONSTRUCTED VEHICLES) SHALL NOT BE CONSTRUED AS A
    13  GUARANTY OF THE SAFETY OF ANY VEHICLE AND NEITHER THE OFFICIAL
    14  INSPECTION STATION ISSUING THE CERTIFICATE OF INSPECTION NOR THE
    15  OFFICIAL INSPECTION MECHANIC PERFORMING THE INSPECTION SHALL BE
    16  LIABLE TO THE OWNER OR OCCUPANTS OF ANY INSPECTED VEHICLE FOR
    17  ANY DAMAGES CAUSED BY THE FAILURE OR MALFUNCTION OF THAT VEHICLE
    18  OR TO THE OWNER OR OCCUPANTS OF ANY VEHICLE INVOLVED IN AN
    19  ACCIDENT WITH THAT INSPECTED VEHICLE OR TO ANY PEDESTRIAN
    20  INJURED IN THE ACCIDENT UNLESS IT CAN BE SHOWN BY A
    21  PREPONDERANCE OF THE EVIDENCE THAT THE FAILURE WAS CAUSED BY THE
    22  NEGLIGENCE OF THE INSPECTION STATION OR MECHANIC. AN OFFICIAL
    23  INSPECTION MECHANIC IN THE COURSE OF HIS DUTIES RELATING TO THE
    24  ROAD TEST PORTION OF AN OFFICIAL VEHICLE SAFETY INSPECTION SHALL
    25  NOT BE CITED BY LAW ENFORCEMENT PERSONNEL FOR ANY VIOLATION
    26  RELATING TO VEHICLE EQUIPMENT. THIS PROVISION DOES NOT PRECLUDE
    27  AN OFFICIAL INSPECTION MECHANIC FROM BEING CITED BY LAW
    28  ENFORCEMENT PERSONNEL FOR MOVING VIOLATIONS COMMITTED DURING THE
    29  ROAD TEST PORTION OF AN OFFICIAL VEHICLE SAFETY INSPECTION.
    30     * * *
    20030H2066B4752                 - 13 -     

     1     SECTION 6.  TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
     2  § 4723.1.  CERTIFICATE OF APPOINTMENT FOR ENHANCED VEHICLE
     3             SAFETY INSPECTION FOR RECONSTRUCTED VEHICLE, MODIFIED
     4             OR SPECIALLY CONSTRUCTED INSPECTION STATIONS.
     5     THE DEPARTMENT SHALL ISSUE A CERTIFICATE OF APPOINTMENT FOR
     6  ENHANCED VEHICLE SAFETY INSPECTION FOR RECONSTRUCTED VEHICLE,
     7  MODIFIED OR SPECIALLY CONSTRUCTED INSPECTION STATIONS.
     8     Section 10 7.  Section 7104(d) and (e) of Title 75 are         <--
     9  amended to read:
    10  § 7104.  State replacement vehicle identification number plate.
    11     * * *
    12     (d)  Issuance and display of plate.--The department shall
    13  furnish a State replacement vehicle identification number plate
    14  which shall be immediately [placed [in a uniform manner]          <--
    15  secured, by an inspector at a reconstructed vehicle inspection    <--
    16  site, to the same location as the removed or falsified number
    17  plate or as otherwise ON THE DRIVER'S SIDE INSIDE DOOR POST OR    <--
    18  AS designated by the department [on the vehicle]. At a minimum,   <--
    19  the number plate on the vehicle dashboard or cowl must be
    20  replaced.
    21     (e)  Reconstructed, modified or specially constructed
    22  vehicle.--The department may assign a State replacement vehicle
    23  identification number plate for a reconstructed, modified or
    24  specially constructed vehicle[.], which shall be immediately      <--
    25  secured, by an inspector at a reconstructed vehicle inspection
    26  site, to the same location as the removed or falsified number
    27  plate or as otherwise designated by the department on the
    28  vehicle. At a minimum the number plate on the vehicle dashboard
    29  or cowl must be replaced. OR THEFT RECOVERY VEHICLE BEING         <--
    30  BROUGHT INTO THE COMMONWEALTH FROM ANOTHER STATE.
    20030H2066B4752                 - 14 -     

     1     Section 11 8.  This act shall take effect as follows:          <--
     2         (1)  This section shall take effect immediately.
     3         (2)  The amendment or addition of 75 Pa.C.S. §§ 1165.2,    <--
     4     1302, 1340 and 1951 heading and (c) 4702 shall take effect in  <--
     5     60 days.
     6         (3)  The remainder of this act shall take effect in six    <--
     7     months. JANUARY 1, 2007.                                       <--
















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