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        PRIOR PRINTER'S NO. 463                       PRINTER'S NO. 1527

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 423 Session of 1989


        INTRODUCED BY MARKOSEK, COWELL, GODSHALL, KAISER, TIGUE, BLAUM,
           KUKOVICH, RYBAK, JOHNSON, PRESTON, KOSINSKI, J. L. WRIGHT,
           VROON, FOX, PRESSMANN, GIGLIOTTI, PISTELLA, SCHULER,
           CAPPABIANCA, MAIALE, D. W. SNYDER, BURD, HAYDEN, DALEY,
           LINTON, RITTER, HERMAN, VAN HORNE, COLAFELLA, STAIRS, TRELLO,
           DeLUCA, SEMMEL, HERSHEY, BIRMELIN, CLYMER, KENNEY, SAURMAN,
           JAROLIN, OLIVER, REINARD, McCALL, STEIGHNER, MORRIS, MELIO,
           DIETTERICK, MICOZZIE, SCHEETZ, GEIST, J. TAYLOR, OLASZ,
           BOWLEY, CORNELL, SERAFINI, HALUSKA, BUNT, BELFANTI, McVERRY,
           BELARDI, BILLOW, LESCOVITZ, LEVDANSKY, CARN, LANGTRY,
           STABACK, VEON, MICHLOVIC, CIVERA, WOZNIAK, GRUPPO, ACOSTA AND
           KASUNIC, FEBRUARY 13, 1989

        AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, APRIL 25, 1989

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, DEFINING "SALVAGE MOTOR VEHICLE AUCTION OR POOL      <--
     3     OPERATOR"; further providing for inspection of garages and
     4     dealer premises by police; and requiring certain persons to
     5     keep accurate records of motor vehicle sales and
     6     dispositions.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 6308 of Title 75 of the Pennsylvania       <--
    10  Consolidated Statutes is amended to read:
    11     SECTION 1.  SECTION 102 OF TITLE 75 OF THE PENNSYLVANIA        <--
    12  CONSOLIDATED STATUTES IS AMENDED BY ADDING A DEFINITION TO READ:
    13  § 102.  DEFINITIONS.
    14     SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT


     1  PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
     2  PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
     3  USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
     4  INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
     5     * * *
     6     "SALVAGE MOTOR VEHICLE AUCTION OR POOL OPERATOR."  A PERSON
     7  WHO ON HIS OWN BEHALF OR AS AN AGENT FOR A THIRD PARTY ENGAGES
     8  IN BUSINESS FOR THE PURPOSE OF OFFERING FOR SALE WRECKED OR
     9  SALVAGE MOTOR VEHICLES THROUGH AN AUCTION OR PRIVATE BID PROCESS
    10  TO VEHICLE SALVAGE DEALERS.
    11     * * *
    12     SECTION 2.  SECTION 6308 OF TITLE 75 IS AMENDED TO READ:
    13  § 6308.  Investigation by police officers.
    14     (a)  Duty of operator or pedestrian.--The operator of any
    15  vehicle or any pedestrian reasonably believed to have violated
    16  any provision of this title shall stop upon request or signal of
    17  any police officer and shall, upon request, exhibit a
    18  registration card, driver's license and information relating to
    19  financial responsibility, or other means of identification if a
    20  pedestrian or driver of a pedalcycle, and shall write their name
    21  in the presence of the police officer if so required for the
    22  purpose of establishing identity.
    23     (b)  Authority of police officer.--Whenever a police officer
    24  is engaged in a systematic program of checking vehicles or
    25  drivers or has articulable and reasonable grounds to suspect a
    26  violation of this title, he may stop a vehicle, upon request or
    27  signal, for the purpose of checking the vehicle's registration,
    28  proof of financial responsibility, vehicle identification number
    29  or engine number or the driver's license, or to secure such
    30  other information as the officer may reasonably believe to be
    19890H0423B1527                  - 2 -

     1  necessary to enforce the provisions of this title.
     2     (c)  Inspection of garages and dealer premises.--Any police
     3  officer or authorized department employee may inspect any
     4  vehicle in any [public] garage or repair shop or on the premises
     5  of any dealer, MISCELLANEOUS MOTOR VEHICLE BUSINESS, SALVAGE      <--
     6  MOTOR VEHICLE AUCTION OR POOL OPERATOR, salvor, scrap metal
     7  processor, or other public place of business for the purpose of
     8  locating stolen vehicles or parts or vehicles or vehicle parts
     9  with identification numbers removed or falsified. The owner of
    10  the garage or repair shop or the dealer or other person shall
    11  permit any police officer or authorized department employee to
    12  make investigations under this subsection.
    13     (d)  Records.--Every salvor, junkyard MISCELLANEOUS MOTOR      <--
    14  VEHICLE BUSINESS, SALVAGE MOTOR VEHICLE AUCTION OR POOL
    15  operator, scrap metal processor, designated agent and dealer      <--
    16  shall keep accurate records of motor vehicle sales and
    17  dispositions. The records shall include the make, year and type
    18  of vehicle, from whom purchased or acquired, and date, vehicle
    19  identification number and date of sale or disposition of
    20  vehicle. The records shall be available on the premises of the
    21  salvor, junkyard MISCELLANEOUS MOTOR VEHICLE BUSINESS, SALVAGE    <--
    22  MOTOR VEHICLE AUCTION OR POOL operator, scrap metal processor,    <--
    23  designated agent and new or used car AND dealer and open to       <--
    24  inspection by any police officer or authorized department
    25  employee. The records shall be maintained for three years from
    26  the date of disposition of the vehicle.
    27     (e)  Penalty.--Any person violating subsection (d) commits a
    28  misdemeanor of the third degree.
    29     Section 2 3.  This act shall take effect in 60 days.           <--

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