PRINTER'S NO. 1621
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1436
Session of
2023
INTRODUCED BY KUTZ, BURGOS, GAYDOS, JAMES, KHAN, METZGAR AND
PICKETT, JUNE 20, 2023
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 20, 2023
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in inspection of vehicles, further providing for
inspection by police or Commonwealth personnel.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4704(b) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 4704. Inspection by police or Commonwealth personnel.
* * *
(b) Notice of violation.--Any police officer or qualified
Commonwealth employee, having probable cause to believe that any
vehicle or mass transit vehicle, regardless of whether it is
being operated, or its equipment, documents or load, are unsafe,
not equipped as required, or are otherwise not in compliance
with the law or department regulations, may at any time submit a
written notice of the violations to the driver of the vehicle or
the mass transit vehicle or to the owner, lessee or registrant,
or if none of them is present, to an adult occupant of the
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vehicle or the mass transit vehicle, or if the vehicle or the
mass transit vehicle is unoccupied, the notice shall be attached
to the vehicle or the mass transit vehicle in a conspicuous
place.
(1) The notice shall specify the particulars of the
violations and require that the violations be corrected.
Within [five days or, in the case of a motor carrier vehicle
or bus, within] 15 days or before commencement of the
vehicle's next trip, whichever occurs first, or in the case
of emission testing, within 30 days, evidence must be
submitted to the police or the Commonwealth, whichever is
applicable, that the violations have been corrected.
(2) If the police officer or qualified Commonwealth
employee has probable cause to believe that a vehicle or mass
transit vehicle is unsafe or not in proper repair or fails a
roadside vehicle emission test, he may require in the written
notice that the vehicle or mass transit vehicle be inspected.
The owner or driver shall, [within five days of the date of
notification or, in the case of a motor carrier vehicle or
bus,] within 15 days of the date of notification or before
commencement of the vehicle's next trip, whichever occurs
first, or in the case of emission testing, within 30 days,
submit to the police or the Commonwealth, whichever is
applicable, certification from an official inspection station
that the vehicle or the mass transit vehicle has been
restored to legal operating condition in relation to the
particulars specified on the notice. Any person who fails a
roadside vehicle emission inspection shall have 30 days in
which to pass an enhanced vehicle emission inspection or to
produce evidence that the subject vehicle has a valid
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emissions test waiver.
(3) After the expiration of the [five-day,] 15-day or
30-day period specified in paragraphs (1) and (2), whichever
is appropriate, the vehicle shall not be operated upon the
highways of this Commonwealth and a mass transit vehicle
shall not be operated until the owner or driver has submitted
to the police or the Commonwealth, whichever is applicable,
evidence of compliance with the requirements of paragraph (1)
or (2), whichever is applicable.
* * *
Section 2. This act shall take effect in 60 days.
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