PRIOR PRINTER'S NOS. 528, 1183, 1582,         PRINTER'S NO. 1823
        1604, 1652

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 508 Session of 1979


                     Report of the Committee of Conference

        To the Members of the Senate and House of Representatives:

           We, the undersigned, Committee of Conference on the part of
        the Senate and House of Representatives for the purpose of
        considering Senate Bill No. 508, entitled:
        "An act amending Title 75 (Vehicles) of the Pennsylvania
        Consolidated Statutes, further providing for the inspection of
        vehicles AND MASS TRANSIT VEHICLES AND LEGISLATIVE APPROVAL OF
        REGULATIONS RELATING TO INSPECTIONS."



        respectfully submit the following bill as our report:

                                           FRANKLIN L. KURY

                                           EDWARD M. EARLY

                                           CLARENCE F. MANBECK

                                  (Committee on the part of the Senate.)

                                           RUDOLPH DININNI

                                           JOSEPH R. PITTS

                                           JOHN F. WHITE, Jr.

                (Committee on the part of the House of Representatives.)



                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for the inspection of vehicles
     3     and mass transit vehicles and legislative approval of
     4     regulations relating to inspections.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 102 of Title 75, act of November 25, 1970
     8  (P.L.707, No.230), known as the Pennsylvania Consolidated
     9  Statutes, is amended by adding a definition to read:
    10  § 102.  Definitions.
    11     Subject to additional definitions contained in subsequent
    12  provisions of this title which are applicable to specific
    13  provisions of this title, the following words and phrases when
    14  used in this title shall have, unless the context clearly
    15  indicates otherwise, the meanings given to them in this section:
    16     * * *
    17     "Mass transit vehicle."  A self-propelled or electrically
    18  propelled device designed for carrying 15 or more passengers
    19  exclusive of the driver, other than a taxicab, designed and used
    20  for the transportation of persons for compensation, including
    21  but not limited to subway cars, buses, trolleys and trackless
    22  trolleys but excluding railroad passenger cars.
    23     * * *
    24     Section 2.  Sections 4701, 4702(a), 4703, 4704, 4721, 4723,
    25  4726, 4727, 4728, 4729, 4730(a) and 6103 of Title 75 are amended
    26  to read:
    27  § 4701.  Duty to comply with inspection laws.
    28     No owner or driver shall refuse to submit a vehicle or a mass
    29  transit vehicle to any inspection and test that is authorized or
    30  required by the provisions of this chapter.

     1  § 4702.  Requirement for periodic inspection of vehicles.
     2     (a)  General rule.--The department shall establish a system
     3  of semiannual inspection of vehicles registered in this
     4  Commonwealth and mass transit vehicles operated in this
     5  Commonwealth.
     6     * * *
     7  § 4703.  Operation of vehicle without official certificate of
     8           inspection.
     9     (a)  General rule.--No [registered] motor vehicle required to
    10  bear current Pennsylvania registration plates shall be driven
    11  and no [registered] trailer required to bear current
    12  Pennsylvania registration plates shall be moved on a highway and
    13  no mass transit vehicle shall be operated unless the vehicle
    14  displays a currently valid certificate of inspection [and
    15  approval].
    16     (b)  Exceptions.--Subsection (a) does not apply to:
    17         (1)  Special mobile equipment.
    18         (2)  Implements of husbandry.
    19         (3)  Motor vehicles being towed.
    20         (4)  Motor vehicles being operated or trailers being
    21     towed by an official inspection station owner or employee for
    22     the purpose of inspection.
    23         (5)  Trailers having a registered gross weight of 3,000
    24     pounds or less.
    25         (6)  Motorized pedalcycles.
    26         (7)  Vehicles being repossessed by a financer or
    27     collector-repossessor through the use of miscellaneous motor
    28     vehicle business registration plates.
    29         (8)  New vehicles while they are in the process of
    30     manufacture, including testing, and not in transit from the
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     1     manufacturer to a purchaser or dealer.
     2     (c)  Inspection of vehicles reentering this Commonwealth.--
     3  Vehicles subject to inspection which have been outside this
     4  Commonwealth continuously for 30 days or more and which, at the
     5  time of reentering this Commonwealth, do not bear a currently
     6  valid certificate of inspection shall be inspected within five
     7  days of reentering this Commonwealth.
     8     (d)  Newly-purchased vehicles.--Newly-purchased vehicles may
     9  be driven without being inspected for five days after purchase
    10  or entry into this Commonwealth, whichever occurs later.
    11     [(c)] (e)  Display of unauthorized certificate of
    12  inspection.--No certificate of inspection [and approval] shall
    13  be displayed unless an official inspection has been made and the
    14  vehicle or mass transit vehicle is in conformance with the
    15  provisions of this chapter.
    16     [(d)] (f)  Authority of police.--Any police officer may stop
    17  any motor vehicle, mass transit vehicle or trailer and require
    18  the owner or operator to display an official certificate of
    19  inspection [and approval] for the vehicle being operated. A
    20  police officer may summarily remove an unauthorized, expired or
    21  unlawfully issued certificate of inspection from any vehicle or
    22  mass transit vehicle.
    23     (g)  Limitation on prosecution.--A motor vehicle, mass
    24  transit vehicle or trailer shall be the subject of only one
    25  prosecution under subsection (a) in any 24-hour period.
    26     (h)  Penalty.--Any person violating this section is guilty of
    27  a summary offense and shall, upon conviction, be sentenced to
    28  pay a fine of up to $25.
    29  § 4704.  Notice by police officers of violation.
    30     (a)  General rule.--Any police officer having probable cause
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     1  to believe that any vehicle or mass transit vehicle, regardless
     2  of whether it is being operated, is unsafe or not equipped as
     3  required by law may at any time submit a written notice of the
     4  condition to the driver of the vehicle or the mass transit
     5  vehicle or to the owner, or if neither is present, to an adult
     6  occupant of the vehicle or the mass transit vehicle, or if the
     7  vehicle or the mass transit vehicle is unoccupied, the notice
     8  shall be attached to the vehicle or the mass transit vehicle in
     9  a conspicuous place.
    10         (1)  If an item of equipment is broken or missing, the
    11     notice shall specify the particulars of the condition and
    12     require that the equipment be adjusted or repaired. Within
    13     five days evidence must be submitted to the police that the
    14     requirements for repair have been satisfied.
    15         (2)  If the police officer has probable cause to believe
    16     that a vehicle or mass transit vehicle is unsafe or not in
    17     proper repair, he may require in the written notice that the
    18     car or mass transit vehicle be inspected. The owner or driver
    19     shall submit to the police within five days of the date of
    20     notification certification from an official inspection
    21     station that the vehicle or the mass transit vehicle has been
    22     restored to safe operating condition in relation to the
    23     particulars specified on the notice.
    24         (3)  After the expiration of the five-day period
    25     specified in paragraphs (1) and (2), the vehicle shall not be
    26     operated upon the highways of this Commonwealth and a mass
    27     transit vehicle shall not be operated until the owner or
    28     driver has submitted to the police evidence of compliance
    29     with the requirements of paragraph (1) or (2), whichever is
    30     applicable.
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     1     (b)  Operation prohibited if hazardous.--In the event a
     2  vehicle or a mass transit vehicle, in the reasonable judgment of
     3  the officer, is in such condition that further operation would
     4  be hazardous, the officer may require that the vehicle or the
     5  mass transit vehicle not be operated under its own power and may
     6  so stipulate in the notice given under subsection (a).
     7  § 4721.  Appointment of official inspection stations.
     8     For the purpose of establishing a system of official
     9  inspection stations, the department shall issue certificates of
    10  appointment to privately owned facilities within this
    11  Commonwealth that comply with the requirements of this chapter
    12  and regulations adopted by the department. The department shall
    13  issue instructions and all necessary forms to such facilities.
    14  Official inspection stations are authorized to inspect vehicles
    15  and mass transit vehicles and issue official certificates of
    16  inspection.
    17  § 4723.  Certificate of appointment for inspecting fleet
    18           vehicles.
    19     The department may issue a certificate of appointment under
    20  the provisions of this chapter to any person who owns or leases
    21  15 or more vehicles or mass transit vehicles and who meets the
    22  requirements of this chapter and regulations adopted by the
    23  department. The certificate of appointment may authorize
    24  inspection of only those vehicles or mass transit vehicles owned
    25  or leased by such person.
    26  § 4726.  Certification of mechanics.
    27     No mechanic shall conduct motor vehicle inspections or mass
    28  transit vehicle inspections at an official inspection station
    29  unless certified as to training, qualifications and competence
    30  by the department according to department regulations. The
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     1  regulations relating to mass transit vehicle inspections shall
     2  require that any mechanic conducting such inspections shall
     3  possess proven competence in the area of mass transit vehicle
     4  operation and maintenance. The provisions of this title or
     5  regulations adopted thereunder shall not be construed or applied
     6  in a manner which would preclude or impair the right of a person
     7  who is a resident of another state, and who is in possession of
     8  a valid driver's license issued by such state, to be certified
     9  to conduct motor vehicle inspections or mass transit vehicle
    10  inspections at an official inspection station in this
    11  Commonwealth. No official inspection station appointment shall
    12  be issued or renewed unless a certified official inspection
    13  mechanic is there employed.
    14  § 4727.  Issuance of certificate of inspection.
    15     (a)  Requirements prior to inspection.--No vehicle, except a
    16  mass transit vehicle for which registration is not required,
    17  shall be inspected unless it is duly registered. The owner or
    18  operator or an employee of the official inspection station shall
    19  examine the registration card in order to ascertain that the
    20  vehicle is registered.
    21     (b)  Requirements for issuance of certificate.--An official
    22  certificate of inspection shall not be issued unless the vehicle
    23  or mass transit vehicle is inspected and found to be in
    24  compliance with the provisions of this chapter including any
    25  regulations promulgated by the department. Notation of the
    26  odometer reading shall be included on the certificate of
    27  inspection.
    28  § 4728.  Display of certificate of inspection.
    29     The appropriate certificate of inspection shall be affixed to
    30  the vehicle or mass transit vehicle as specified in regulations
    19790S0508B1823                  - 6 -

     1  adopted by the department.
     2  § 4729.  Removal of certificate of inspection.
     3     No certificate of inspection shall be removed from a vehicle
     4  or a mass transit vehicle for which the certificate was issued
     5  except to replace it with a new certificate of inspection issued
     6  in accordance with the provisions of this chapter or as follows:
     7         (1)  The police officer may remove a certificate of
     8     inspection in accordance with the provisions of section
     9     4703[(d)] (f) (relating to operation of vehicle without
    10     official certificate of inspection).
    11         (2)  A person replacing a windshield or repairing a
    12     windshield in such a manner as to require removal of a
    13     certificate of inspection shall at the option of the
    14     registrant of the vehicle or the owner of a mass transit
    15     vehicle cut out the portion of the windshield containing the
    16     certificate and deliver it to the registrant of the vehicle
    17     or the owner of the mass transit vehicle or destroy the
    18     certificate. The vehicle or the mass transit vehicle may be
    19     driven for up to five days if it displays the portion of the
    20     old windshield containing the certificate as prescribed in
    21     department regulations. Within the five day period an
    22     official inspection station may affix to the vehicle or mass
    23     transit vehicle another certificate of inspection for the
    24     same inspection period without reinspecting the vehicle or
    25     mass transit vehicle in exchange for the portion of the old
    26     windshield containing the certificate of inspection. A fee of
    27     no more than $1 may be charged for the exchanged certificate
    28     of inspection.
    29         (3)  A salvor shall remove and destroy the certificate of
    30     inspection on every vehicle or mass transit vehicle in his
    19790S0508B1823                  - 7 -

     1     possession except vehicles used in the operation of the
     2     business of the salvor.
     3  § 4730.  Violations of use of certificate of inspection.
     4     (a)  General rule.--No person shall:
     5         (1)  make, issue, transfer or possess any imitation or
     6     counterfeit of an official certificate of inspection; or
     7         (2)  display or cause to be displayed on any vehicle or
     8     mass transit vehicle or have in possession any certificate of
     9     inspection knowing the same to be fictitious or stolen or
    10     issued for another vehicle or issued without an inspection
    11     having been made.
    12     * * *
    13  § 6103.  Promulgation of rules and regulations by department.
    14     (a)  General rule.--In addition to the specific powers
    15  granted to the department by this title to promulgate rules and
    16  regulations, the department shall have the power in accordance
    17  with the provisions of the act of July 31, 1968 (P.L.769,
    18  No.240), [known as the "Commonwealth Documents Law,"] referred
    19  to as the Commonwealth Documents Law, to promulgate, consistent
    20  with and in furtherance of this title, rules and regulations in
    21  accordance with which the department shall carry out its
    22  responsibilities and duties under this title.
    23     (b)  Legislative approval of mass transit inspection
    24  regulations.--A copy of every rule or regulation or amendment to
    25  a rule or regulation relating to the inspection of mass transit
    26  vehicles shall before adoption be forwarded to the Speaker of
    27  the House of Representatives and to the President pro tempore of
    28  the Senate for referral to and review by the appropriate
    29  standing committee of the House of Representatives and of the
    30  Senate as determined by the respective presiding officer. The
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     1  standing committee shall, within 60 days from the receipt of
     2  such rule, regulation or amendment, approve or recommend
     3  disapproval to the House of Representatives or the Senate of any
     4  such rule, regulation or amendment. Failure of the standing
     5  committee to recommend disapproval and of the House of
     6  Representatives and Senate to disapprove any rule, regulation or
     7  amendment within the 60 days from the receipt thereof shall
     8  constitute approval thereof. If the standing committees of both
     9  the Senate and the House of Representatives recommend
    10  disapproval and the House of Representatives and the Senate
    11  disapprove any rule, regulation or amendment, the department
    12  shall not adopt the rule, regulation or amendment and it shall
    13  not be again offered for one year. Each committee shall
    14  immediately notify, in writing, the other committee and the
    15  department of any action taken pursuant to this subsection. Only
    16  in the absence of a disapproval shall the department proceed
    17  with the adoption of the rule, regulation or amendment in
    18  accordance with section 202 of the Commonwealth Documents Law.
    19     Section 3.  (a)  The Pennsylvania State Police and the
    20  Department of Transportation in consultation with mass transit
    21  operators shall submit the regulations required by this act to
    22  the General Assembly within 60 calendar days of the effective
    23  date of this act and on the same day shall arrange for such
    24  regulations to be published in the Pennsylvania Bulletin. The
    25  regulations shall be effective subsequent to publication in the
    26  Pennsylvania Bulletin as provided by law.
    27     (b)  The Pennsylvania State Police in consultation with the
    28  Department of Transportation shall develop and present to the
    29  General Assembly within 30 calendar days of the effective date
    30  of this act, a vehicle inspection plan designed to resolve the
    19790S0508B1823                  - 9 -

     1  presently existing deficiencies in the vehicle inspection
     2  program of any authority created pursuant to the act of August
     3  14, 1963 (P.L.984, No.450), known as the "Metropolitan
     4  Transportation Authorities Act of 1963." The plan shall include
     5  the designation of State Police personnel on a permanent basis
     6  to supervise the vehicle inspection plan of such authority. Such
     7  plan shall be implemented by the Pennsylvania State Police
     8  within 60 days of the effective date of this act.
     9     Section 4.  This act shall take effect immediately.














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