PRIOR PRINTER'S NOS. 528, 1183, 1582, PRINTER'S NO. 1823 1604, 1652
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 19790S0508B1823 - 2 -
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 19790S0508B1823 - 3 -
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. 19790S0508B1823 - 4 -
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 19790S0508B1823 - 5 -
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 19790S0508B1823 - 8 -
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. C14L60CVV/19790S0508B1823 - 10 -