SENATE AMENDED
PRIOR PRINTER'S NOS. 589, 2409, 2582, PRINTER'S NO. 3181
2754
No. 562 Session of 1981
INTRODUCED BY DAVIES, FISCHER, FLECK, TADDONIO, SIEMINSKI,
GRUPPO, FRAZIER, HEISER, W. W. FOSTER, MOWERY, BELARDI,
COSLETT, GLADECK, CORNELL, NAHILL, SPITZ, LASHINGER, LEVIN,
ARTY, SEVENTY, BURNS, GREENWOOD, MICOZZIE, CIVERA, BERSON,
TRELLO, MISCEVICH, OLASZ, MURPHY, COWELL, ITKIN, MERRY, PUNT,
COHEN, RICHARDSON, GALLAGHER, CLARK RASCO, FREIND, COLAFELLA,
MADIGAN, McVERRY AND MRKONIC, FEBRUARY 11, 1981
SENATOR MANBECK, TRANSPORTATION, IN SENATE, RE-REPORTED AS
AMENDED, APRIL 19, 1982
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for the registration and
3 inspection of vehicles, the appointment and certification of
4 inspection stations and mechanics and requiring the fee for
5 inspection certificates to be printed thereon.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 102 of Title 75, act of November 25, 1970
9 (P.L.707, No.230), known as the Pennsylvania Consolidated
10 Statutes, is amended by adding a definition and a section is <--
11 added to read:
12 § 102. Definitions.
13 Subject to additional definitions contained in subsequent
14 provisions of this title which are applicable to specific
15 provisions of this title, the following words and phrases when
1 used in this title shall have, unless the context clearly
2 indicates otherwise, the meanings given to them in this section:
3 * * *
4 "Evidence of inspection." An official certificate of
5 inspection or any other indicator as defined in department
6 regulations.
7 * * *
8 § 1110.1. Certain replacements of certificate of title. <--
9 If the transferor and transferee complete the certificate of
10 title or registration form for purposes of assignment or
11 reassignment and the documents are properly notarized or
12 acknowledged and is mailed to the department and is subsequently
13 lost before the department issues a new title or registration to
14 the transferee, the transferee need not comply with the
15 requirements of section 1110. The transferee shall be entitled
16 to receive a certificate of title and/or registration documents
17 if the person who notarized or acknowledged the document or
18 documents, indicates in writing to the department that such
19 documents were properly executed and mailed to the department.
20 Section 2. The introductory paragraph of section 1306 of
21 Title 75 is amended and a paragraph is added to read:
22 § 1306. Grounds for refusing registration.
23 The department shall refuse registration [and] or renewal or
24 transfer of registration when any of the following circumstances
25 exists:
26 * * *
27 (7) In the case of a vehicle which is required to bear
28 evidence of inspection other than an official certificate of
29 inspection as provided in section 4703(a) (relating to
30 operation of vehicle without evidence of inspection), proof
19810H0562B3181 - 2 -
1 of inspection as required by department regulations is not
2 presented. Nothing herein shall authorize the department to
3 require an auto emission inspection program.
4 Section 3. Sections 1307(a) and (c) and 1309 and paragraph
5 (5) of section 1373 of Title 75 are amended and a paragraph is
6 added to section 1373 to read:
7 § 1307. Period of registration.
8 (a) Staggered renewal system to be established.--The
9 department shall establish a system of staggered registration
10 renewal in a manner that [some] AN APPROXIMATELY EQUAL NUMBER of <--
11 registrations will expire every month throughout the year. This
12 system shall be coordinated with the periodic inspection of all
13 vehicles which are required to bear evidence of inspection other
14 than an official certificate of inspection as provided in
15 section 4703(a) (relating to operation of vehicle without
16 evidence of inspection.) In order to implement and maintain the
17 staggered registration system, the department may prorate annual
18 registration fees over registration periods of from 6 to 18
19 months.
20 * * *
21 (c) Renewal of registration.--A renewed registration shall
22 be effective on issuance by the department of a renewed
23 registration card [except that the department, by regulation,
24 may establish a renewal system coordinated with the periodic
25 inspection of vehicles as provided in section 4702 (relating to
26 requirement for periodic inspection of vehicles)].
27 * * *
28 § 1309. Renewal of registration.
29 [Prior] WITHIN AT LEAST 60 DAYS PRIOR to the expiration of <--
30 each registration, the department shall send to the registrant
19810H0562B3181 - 3 -
1 an application for renewal of registration. Upon return of the
2 application, accompanied by proof of insurance and the
3 applicable fee or fees, the department shall send to the
4 registrant a renewed registration card. In the case of a vehicle
5 which is required to bear evidence of inspection other than an
6 official certificate of inspection as provided in section
7 4703(a) (relating to operation of vehicle without evidence of
8 inspection), the registrant shall also provide proof of
9 inspection as required by department regulations. Failure to
10 receive a renewal application shall not relieve a registrant
11 from the responsibility to renew the registration. Nothing
12 herein shall authorize the department to require an auto
13 emission inspection program.
14 § 1373. Suspension of registration.
15 The department may suspend any registration after providing
16 opportunity for a hearing in any of the following cases when the
17 department finds upon sufficient evidence that:
18 * * *
19 (5) The required [fee has] fees have not been paid.
20 * * *
21 (7) In the case of a vehicle which is required to bear
22 evidence of inspection other than an official certificate of
23 inspection as provided in section 4703(a) (relating to
24 operation of vehicle without evidence of inspection), the
25 vehicle is not currently inspected.
26 Section 4. Section 1958 of Title 75 is amended to read: <--
27 § 1958. Certificate of inspection.
28 The department shall charge $1 for each certificate of
29 inspection which shall be marked "Fee $1" in one-quarter inch
30 boldface type.
19810H0562B3181 - 4 -
1 Section 5 4. SECTION 1958 OF Title 75 is amended by adding a <--
2 section to read:
3 § 1961. Evidence of inspection. <--
4 The department shall charge $2 $1 for each evidence of <--
5 inspection other than a certificate of inspection which shall be
6 paid at the place of inspection.
7 §1958. [CERTIFICATE] EVIDENCE OF INSPECTION. <--
8 THE DEPARTMENT SHALL CHARGE [$1] $2 FOR EACH [CERTIFICATE]
9 EVIDENCE OF INSPECTION.
10 Section 6 5. Section 4702 of Title 75, subsection (a) <--
11 amended June 18, 1980 (P.L.223, No.67), is amended to read:
12 § 4702. Requirement for periodic inspection of vehicles.
13 (a) [General rule.--The] Annual inspection.--Except as
14 provided in subsection (b), the department shall establish a
15 system of [semiannual] annual inspection of vehicles [registered
16 in this Commonwealth and mass transit vehicles operated in this
17 Commonwealth] including emergency vehicles.
18 (b) [Annual] Semiannual inspection of certain vehicles.--
19 [Recreational trailers, vehicles registered as antique and
20 classic vehicles, firefighting vehicles and motorcycles shall be
21 subject to annual inspection.] School buses, school vehicles, <--
22 PASSENGER VANS UNDER CONTRACT WITH OR OWNED BY A SCHOOL DISTRICT <--
23 TO TRANSPORT SCHOOL STUDENTS, PASSENGER VANS USED TO TRANSPORT
24 PERSONS FOR HIRE, OR OWNED BY A COMMERCIAL ENTERPRISE AND USED
25 FOR THE TRANSPORTATION OF EMPLOYEES TO OR FROM THEIR PLACE OF
26 EMPLOYMENT, TRAILERS HAVING A REGISTERED GROSS WEIGHT IN EXCESS <--
27 OF 10,000 POUNDS, mass transit vehicles and motor carrier
28 vehicles shall be subject to semiannual inspection.
29 (c) [Inspection of vehicles reentering this Commonwealth.--
30 Owners of Pennsylvania registered vehicles which have been
19810H0562B3181 - 5 -
1 outside of this Commonwealth continuously for 30 days or more
2 and which at the time of reentering this Commonwealth do not
3 bear a currently valid certificate of inspection and approval
4 shall, within five days of reentering this Commonwealth, proceed
5 to an official inspection station for an inspection of the
6 vehicle.
7 (d)] Extension of inspection period.--The department may, by
8 regulation, extend the time for any of the inspections required
9 by this chapter for not more than 30 days due to weather
10 conditions or other causes which render compliance with the
11 provisions of this chapter within the prescribed time difficult
12 or impossible.
13 Section 7 6. Title 75 is amended by adding a section to <--
14 read:
15 § 4702.1. Limited liability of inspection station or mechanic.
16 An inspection conducted pursuant to section 4702(a) (relating
17 to annual inspection) shall not be construed as a guaranty of
18 the safety of any vehicle and neither the official inspection
19 station issuing the evidence of inspection nor the official
20 inspection mechanic performing the inspection shall be liable to
21 the owner or occupants of any inspected vehicle for any damages
22 caused by the failure or malfunction of that vehicle or to the
23 owner or occupants of any vehicle involved in an accident with
24 that inspected vehicle or to any pedestrian injured in such
25 accident unless it can be shown by a preponderance of the
26 evidence that the failure was caused by the negligence of the
27 inspection station or mechanic. The occurrence of a vehicle
28 failure or malfunction shall not be evidence that the failure or
29 malfunction was due to negligent conduct.
30 Section 8 7. The section heading and subsections (a), (b), <--
19810H0562B3181 - 6 -
1 (c), (d), (e) and (f) of section 4703 of Title 75, amended June
2 18, 1980 (P.L.223, No.67) and subsection (a) amended June 18,
3 1980 (P.L.229, No.68), are amended and a subsection is added to
4 read:
5 § 4703. Operation of vehicle without [official certificate]
6 evidence of inspection.
7 (a) General rule.--
8 (1) Except as otherwise provided in this section, no
9 motor vehicle required to bear current registration plates
10 subject to annual renewal issued by this Commonwealth shall
11 be driven and no trailer required to bear current
12 registration plates subject to annual renewal issued by this
13 Commonwealth shall be moved on a highway [and no mass transit
14 vehicle] unless such motor vehicle or trailer bears a
15 currently valid evidence of inspection. No mass transit
16 vehicle, school bus, school vehicle MOTOR CARRIER VEHICLE, <--
17 TRAILER HAVING A REGISTERED GROSS WEIGHT IN EXCESS OF 10,000
18 POUNDS or vehicle which is required to bear a current
19 registration plate issued by this Commonwealth which is not
20 subject to annual renewal shall be operated unless the
21 vehicle displays a currently valid certificate of inspection
22 issued under this chapter.
23 (2) No motor carrier vehicle shall be operated on a
24 highway unless it displays a currently valid certificate of
25 inspection issued under this chapter or by another state.
26 (b) Exceptions.--Subsection (a) does not apply to:
27 (1) Special mobile equipment.
28 (2) Implements of husbandry.
29 (3) Motor vehicles being towed.
30 (4) Motor vehicles being operated or trailers being
19810H0562B3181 - 7 -
1 towed by an official inspection station owner or employee for
2 the purpose of inspection.
3 (5) Trailers having a registered gross weight of 3,000
4 pounds or less.
5 (6) Motorized pedalcycles.
6 (7) Vehicles being repossessed by a financer or
7 collector-repossessor through the use of miscellaneous motor
8 vehicle business registration plates.
9 (8) New vehicles while they are in the process of
10 manufacture, including testing, and not in transit from the
11 manufacturer to a purchaser or dealer.
12 (9) Motor vehicles on the way to a service station in <--
13 the Commonwealth for inspection when the service station has
14 confirmed an appointment for such inspection.
15 (10) Antique and classic (9) ANTIQUE vehicles. <--
16 (c) Inspection of vehicles reentering this Commonwealth.--
17 Vehicles subject to registration and inspection in this
18 Commonwealth which have been outside this Commonwealth
19 continuously for 30 days or more and which, at the time of
20 reentering this Commonwealth, do not bear a currently valid
21 [certificate] evidence of inspection shall be inspected within
22 [five] ten days of reentering this Commonwealth.
23 (d) Newly-purchased vehicles.--[Newly-purchased vehicles may
24 be driven without being inspected for five days after purchase
25 or entry into this Commonwealth, whichever occurs later.]
26 (1) Except as provided in paragraph (2), vehicles shall
27 be inspected within ten days of sale, resale or entry into
28 this Commonwealth, whichever occurs later, regardless of the
29 date of any previous inspection in this or any other
30 jurisdiction.
19810H0562B3181 - 8 -
1 (2) Vehicles and mass transit vehicles which display
2 currently valid official certificates of inspection are
3 exempt from the provisions of paragraph (1).
4 (d.1) Certain exempt vehicles.--A vehicle held by a dealer
5 or manufacturer, and operated with a registration plate issued
6 under section 1335 (relating to registration plates for
7 manufacturers and dealers) and operated or used under the
8 provisions of section 1336(a)(5) (relating to use of dealer
9 registration plates), is exempt from the provisions of
10 subsection (d)(1).
11 (e) Display of unauthorized [certificate] evidence of
12 inspection.--No [certificate] evidence of inspection shall be
13 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 (f) Authority of police.--Any police officer may stop any
17 motor vehicle, mass transit vehicle or trailer and require the
18 owner or operator to display [an official certificate] or show
19 evidence of inspection for the vehicle being operated. A police
20 officer may summarily remove an unauthorized, expired or
21 unlawfully issued [certificate] evidence of inspection from any
22 vehicle or mass transit vehicle.
23 * * *
24 Section 9 8. Section 4721 of Title 75, amended June 18, 1980 <--
25 (P.L.223, No.67), is amended to read:
26 § 4721. Appointment of official inspection stations.
27 For the purpose of establishing a system of official
28 inspection stations, the department shall issue certificates of
29 appointment to privately owned facilities within this
30 Commonwealth that comply with the requirements of this chapter
19810H0562B3181 - 9 -
1 and regulations adopted by the department. The department shall
2 issue instructions and all necessary forms to such facilities.
3 Official inspection stations are authorized to inspect vehicles
4 and mass transit vehicles and issue official [certificates]
5 evidence of inspection.
6 Section 10 9. Section 4724 of Title 75, amended June 18, <--
7 1980 (P.L.229, No.68), is amended to read:
8 § 4724. Suspension of certificates of appointment.
9 (a) General rule.--The department shall supervise and
10 inspect official inspection stations and may suspend the
11 certificate of appointment issued to a station which it finds is
12 not properly equipped or conducted or which has violated or
13 failed to comply with any of the provisions of this chapter or
14 regulations adopted by the department. The department shall
15 maintain a list of all stations holding certificates of
16 appointment and of those whose certificates of appointment have
17 been suspended. Any suspended certificate of appointment and all
18 unused [certificates of] official inspection material shall be
19 returned immediately to the department.
20 (b) Judicial review.--Any person whose certificate of
21 appointment has been denied or suspended under this chapter
22 shall have the right to appeal to the court vested with
23 jurisdiction of such appeals by or pursuant to Title 42
24 (relating to judiciary and judicial procedure). The court shall
25 set the matter for hearing upon 60 days' written notice to the
26 department and take testimony and examine into the facts of the
27 case and determine whether the petitioner is entitled to a
28 certificate of appointment or is subject to suspension of the
29 certificate of appointment under the provisions of this chapter.
30 Section 11 10. Section 4726(a) of Title 75, amended June 18, <--
19810H0562B3181 - 10 -
1 1980 (P.L.223, No.67) and June 18, 1980 (P.L.229, No.68), is
2 amended to read:
3 § 4726. Certification of mechanics.
4 (a) General rule.--No mechanic shall conduct motor vehicle
5 inspections or mass transit vehicle inspections at an official
6 inspection station unless certified as to training,
7 qualifications and competence by the department or the
8 department's designate according to department regulations. The
9 regulations relating to mass transit vehicle inspections shall
10 require that any mechanic conducting such inspections shall
11 possess proven competence in the area of mass transit vehicle
12 operation and maintenance. The provisions of this title or
13 regulations adopted thereunder shall not be construed or applied
14 in a manner which would preclude or impair the right of a person
15 who is a resident of another state, and who is in possession of
16 a valid driver's license issued by such state, to be certified
17 to conduct motor vehicle inspections or mass transit vehicle
18 inspections at an official inspection station in this
19 Commonwealth. No official inspection station appointment shall
20 be issued or renewed unless a certified official inspection
21 mechanic is [there] employed there.
22 * * *
23 Section 12 11. Section 4727 of Title 75, amended June 18, <--
24 1980 (P.L.223, No.67) and subsection (a) amended June 18, 1980
25 (P.L.229, No.68), is amended AND A SUBSECTION IS ADDED to read: <--
26 § 4727. Issuance of [certificate] evidence of inspection.
27 (a) Requirements prior to inspection.--No vehicle, except a
28 vehicle held by a dealer or manufacturer for which titling is
29 not required or a mass transit vehicle for which [registration]
30 titling is not required [except a vehicle owned by a dealer or
19810H0562B3181 - 11 -
1 manufacturer], shall be inspected unless it is duly [registered
2 or] titled in this Commonwealth or in any other jurisdiction.
3 The [owner or operator or an employee of the official] certified
4 inspection [station] mechanic shall examine the registration
5 card, [or] title or other document as specified in department
6 regulations in order to ascertain that the vehicle is
7 [registered or] titled or that an application for title has been
8 submitted by the vehicle owner.
9 (b) Requirements for issuance [of certificate].--An official
10 [certificate] evidence of inspection shall not be issued unless
11 the vehicle or mass transit vehicle is inspected and found to be
12 in compliance with the provisions of this chapter including any
13 regulations promulgated by the department. Notation of the
14 odometer reading shall be included on [the] any certificate of
15 inspection or other document as specified in department
16 regulations.
17 (C) UNSAFE SCHOOL BUSES.--SCHOOL BUSES FOUND TO BE UNSAFE <--
18 SHALL BE REPORTED TO THE RESPECTIVE AGENCY AUTHORIZED TO LEASE
19 BUSES FOR THE PURPOSE OF TRANSPORTING STUDENTS.
20 Section 13 12. Sections 4728, 4729 and 4730 of Title 75, <--
21 sections 4728, 4729 and 4730(a) amended June 18, 1980 (P.L.223,
22 No.67), are amended to read:
23 § 4728. Display of [certificate] evidence of inspection.
24 The appropriate [certificate] evidence of inspection shall be
25 affixed to or carried in the vehicle or mass transit vehicle as
26 specified in regulations adopted by the department.
27 § 4729. Removal of [certificate] evidence of inspection.
28 (a) General rule.--No [certificate] evidence of inspection
29 shall be removed from a vehicle or a mass transit vehicle for
30 which the [certificate] evidence of inspection was issued except
19810H0562B3181 - 12 -
1 to replace it with a new [certificate] evidence of inspection
2 issued in accordance with the provisions of this chapter or as
3 follows:
4 (1) The police officer may remove [a certificate] an
5 evidence of inspection in accordance with the provisions of
6 section 4703(f) (relating to operation of vehicle without
7 [official certificate] evidence of inspection).
8 (2) A person replacing a windshield or repairing a
9 windshield in such a manner as to require removal of a
10 certificate of inspection shall at the option of the
11 registrant of the vehicle or the owner of a mass transit
12 vehicle cut out the portion of the windshield containing the
13 certificate and deliver it to the registrant of the vehicle
14 or the owner of the mass transit vehicle or destroy the
15 certificate. The vehicle or the mass transit vehicle may be
16 driven for up to five days if it displays the portion of the
17 old windshield containing the certificate as prescribed in
18 department regulations. Within the five day period an
19 official inspection station may affix to the vehicle or mass
20 transit vehicle another certificate of inspection for the
21 same inspection period without reinspecting the vehicle or
22 mass transit vehicle in exchange for the portion of the old
23 windshield containing the certificate of inspection. A fee of
24 no more than [$1] $2 may be charged for the exchanged <--
25 certificate of inspection.
26 (3) A salvor shall remove and destroy the [certificate]
27 evidence of inspection on every vehicle or mass transit
28 vehicle in his possession except vehicles used in the
29 operation of the business of the salvor.
30 (4) Every applicant for a certificate of junk pursuant
19810H0562B3181 - 13 -
1 to section 1117(a) (relating to vehicle destroyed or junked)
2 shall remove and destroy the valid evidence of inspection.
3 (b) Exception.--Subsection (a) shall not prevent removal
4 from a vehicle of a registration plate to which evidence of
5 inspection has been affixed in accordance with department
6 regulations.
7 § 4730. Violations of use of [certificate] evidence of
8 inspection.
9 (a) General rule.--No person shall:
10 (1) make, issue, transfer or possess any imitation or
11 counterfeit of an [official certificate] evidence of
12 inspection; or
13 (2) display or cause to be displayed on any vehicle or
14 mass transit vehicle or have in possession any [certificate]
15 evidence of inspection knowing the same to be fictitious or
16 stolen or issued for another vehicle or issued without an
17 inspection having been made.
18 (b) Unauthorized use by official inspection station.--No
19 official inspection station shall furnish, loan, give or sell
20 [certificates] an evidence of inspection [and approval] to any
21 other official inspection station or any other person except
22 upon an inspection made in accordance with the requirements of
23 this chapter.
24 (c) Penalty.--A violation of the provisions of this section
25 constitutes a summary offense punishable:
26 (1) For a first offense, by a fine of $100.
27 (2) For a subsequent offense, by a fine of not less than
28 $200 nor more than $500 or imprisonment for not more than 90
29 days, or both.
30 Section 14 13. Section 4731 and paragraphs (1) and (3) of <--
19810H0562B3181 - 14 -
1 section 7122 of Title 75 are amended to read:
2 § 4731. Records of inspections and [certificates] evidence of
3 inspection issued.
4 A record shall be made of every inspection [and every
5 certificate issued and the] containing such information as the
6 department shall require by regulation. The record shall be
7 forwarded to the department in the manner and at the time the
8 department shall specify by regulation. An official inspection
9 station and its records shall be open for inspection by any
10 police officer or authorized department employee. THE DEPARTMENT <--
11 SHALL RETAIN SUCH RECORDS FOR A PERIOD OF AT LEAST THREE YEARS.
12 § 7122. Altered, forged or counterfeit documents and plates.
13 A person is guilty of a misdemeanor of the first degree if
14 the person, with fraudulent intent:
15 (1) alters, forges or counterfeits a certificate of
16 title, registration card or plate, evidence of inspection
17 [certificate] or proof of insurance;
18 * * *
19 (3) has possession of, sells or attempts to sell, uses
20 or displays a certificate of title, registration card or
21 plate, driver's license, evidence of inspection,
22 [certificate] proof of insurance or any other document issued
23 by the department, knowing it to have been altered, forged or
24 counterfeited.
25 Section 15 14. (a) This act shall take effect immediately. <--
26 (b) The department shall promulgate regulations which will
27 initiate the implementation of this act no later than one year
28 after enactment.
29 (c) The regulations of the department currently in effect
30 relating to inspections shall continue to be effective until
19810H0562B3181 - 15 -
1 such time as new regulations are adopted to supersede such
2 regulations.
B9L75RZ/19810H0562B3181 - 16 -