PRINTER'S NO. 601
No. 574 Session of 2005
INTRODUCED BY LAVALLE, COSTA, FERLO, ORIE, KITCHEN AND BOSCOLA,
APRIL 1, 2005
REFERRED TO TRANSPORTATION, APRIL 1, 2005
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for emission inspections.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 4702(g) of Title 75 of the Pennsylvania
6 Consolidated Statutes is amended to read:
7 § 4702. Requirement for periodic inspection of vehicles.
8 * * *
9 (g) Exceptions.--The following are exceptions to subsection
10 (f):
11 (1) Emission inspection criteria for registration of
12 subject vehicles with new registration plates.--A subject
13 vehicle never before registered in this Commonwealth or any
14 other jurisdiction having less than 5,000 miles on its
15 odometer and for which an annual or temporary registration
16 plate was originally issued within the past 12 months shall
17 be exempt from emission inspection for one year from the date
1 of original registration. A certificate of exemption shall be
2 affixed to the subject vehicle in a manner prescribed by
3 department regulations.
4 (2) Emission inspection criteria for new vehicles with
5 transferred registration plates.--A subject vehicle never
6 before registered in this Commonwealth or any other
7 jurisdiction having less than 5,000 miles on its odometer and
8 bearing a registration plate which has been transferred from
9 another vehicle shall be required to pass an emission
10 inspection prior to the next registration renewal, but not
11 within nine months of the date of purchase of the subject
12 vehicle.
13 (3) Emission inspection criteria for used subject
14 vehicles with new or transferred registration plates.--A
15 subject vehicle sold having a title issued in this or any
16 other jurisdiction or sold with a manufacturer's statement of
17 origin and having 5,000 or more miles on its odometer and
18 which displays a currently valid certification of emission
19 inspection shall be required to be emission inspected prior
20 to expiration of the certificate of emission unless the
21 renewal of registration becomes due immediately before the
22 expiration of the certificate of emission inspection, in
23 which case the subject vehicle shall be emission inspected
24 prior to expiration of the new or transferred registration
25 plate. If there is no evidence of emission inspection, an
26 emission inspection must precede the next registration
27 renewal.
28 (4) Emission inspection criteria for vehicles operated
29 with miscellaneous motor vehicle business registration plates
30 or dealer registration plate.--A subject vehicle which
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1 displays a miscellaneous motor vehicle business registration
2 plate or a dealer registration plate shall be exempt from the
3 requirements for emission inspection until it has accumulated
4 5,000 miles on its odometer. At that time it shall be subject
5 to the provisions of subsection (f).
6 (5) Emission inspection criteria for vehicles with low
7 annual mileage.--A subject vehicle driven less than 5,000
8 miles in the previous 12 months as indicated by the mileage
9 noted on the safety inspection certificate or by the mileage
10 recorded on the vehicle inspection database and which was
11 owned by one individual for at least one year shall be exempt
12 from the requirements for emission inspection.
13 Section 2. Section 4706 of Title 75 is amended by adding
14 subsections to read:
15 § 4706. Prohibition on expenditures for emission inspection
16 program.
17 * * *
18 (k) Fees, prohibitions and notification requirements.--
19 Whenever a system for the periodic inspection of emissions or
20 emission systems is established as authorized in this chapter,
21 the following shall apply:
22 (1) Fees for evidence of emission inspection stickers.--
23 Fees for stickers that are issued as evidence of emission
24 inspection, including emission inspection certificates,
25 waiver certificates or exemption certificates, shall be
26 limited to the actual cost of such certificates as provided
27 by the department. No additional fee, surcharge or cost shall
28 be assessed by the inspecting station for the issuance of the
29 required evidence of emission inspection.
30 (2) Fees for exempt vehicles.--A vehicle exempt from
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1 emission inspection testing as provided by the exception
2 under section 4702(g) shall be charged a fee of not more than
3 $5, excluding the program management fee for data
4 transmission and applicable sales tax, for the issuance of
5 the exemption certificate. No additional fee, surcharge or
6 cost shall be assessed by the inspecting station for the
7 issuance of an exemption certificate.
8 (3) Waiver fees.--In addition to the free retest as
9 provided for in subsection (b.6), a vehicle that qualifies
10 for a waiver in accordance with subsection (c)(2) shall not
11 be assessed any additional fee, surcharge or cost by the
12 inspecting station for the issuance of a waiver certificate.
13 (4) Notification requirements.--Each official emission
14 inspection station shall prominently display a certificate of
15 appointment for each type of emission inspection approved for
16 the location and a sign clearly indicating, at a minimum, the
17 following:
18 (i) the fee structure for emission testing at the
19 location;
20 (ii) whether the emission inspection station is able
21 to deliver waivers;
22 (iii) the telephone number to contact the
23 department; and
24 (iv) the provisions contained in paragraphs (1), (2)
25 and (3) and subsection (l).
26 (l) Charges for inspection.--For any system of periodic
27 inspection for emissions or emission systems established as
28 authorized in this chapter and implemented after November 30,
29 2003, the maximum charge for such inspection shall be $20,
30 excluding the program management fee for data transmission and
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1 applicable sales tax. No additional fee, surcharge or cost shall
2 be assessed by the inspecting station for the required emission
3 inspection.
4 Section 3. This act shall take effect immediately.
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