PRINTER'S NO. 1728
No. 1441 Session of 1991
INTRODUCED BY GREENLEAF, FISHER, BELAN, TILGHMAN, STAPLETON, RHOADES AND ANDREZESKI, NOVEMBER 20, 1991
REFERRED TO TRANSPORTATION, NOVEMBER 20, 1991
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for miscellaneous motor vehicle 3 business registration plates. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Sections 1337 and 1374 of Title 75 of the 7 Pennsylvania Consolidated Statutes are amended to read: 8 § 1337. Use of "Miscellaneous Motor Vehicle Business" 9 registration plates. 10 (a) General rule.--An owner of any miscellaneous motor 11 vehicle business operating in Pennsylvania shall make 12 application for registration and register as a miscellaneous 13 motor vehicle business in order to conduct the business. The 14 department shall issue to owners of miscellaneous motor vehicle 15 businesses special registration plates which [may] must be 16 displayed on vehicles operated on highways in lieu of 17 registering each vehicle individually. Registration plates 18 issued under this section [may] shall be used only when the
1 vehicle is used for any of the following purposes: 2 (1) In the conduct of the miscellaneous motor vehicle 3 business. 4 (2) For the personal pleasure or use of the owner of the 5 miscellaneous motor vehicle business or members of their 6 immediate family, or when the business is a corporation, for 7 the pleasure or use of not more than three officers or 8 members of their immediate families, or for the personal use 9 of the regular employees of the business when operated by the 10 employee. 11 (b) Registration under correct class.--An owner of any 12 miscellaneous motor vehicle business shall make application for 13 registration under the proper class of miscellaneous motor 14 vehicle business. The department may require the owner to verify 15 that application has been made under the correct class of 16 miscellaneous motor vehicle business. An applicant for 17 registration who owns a vehicle that is titled in this 18 Commonwealth and used in the conduct of a miscellaneous motor 19 vehicle business must apply for a registration plate under the 20 correct class of miscellaneous motor vehicle business. The owner 21 of a miscellaneous motor vehicle business must display 22 miscellaneous motor vehicle business registration plates on all 23 vehicles used in the conduct of the business. 24 [(b)] (c) Application for registration.-- 25 (1) Application for registration in any of the 26 "Miscellaneous Motor Vehicle Business" classes shall be made 27 upon a form provided by the department and shall set forth 28 the [full name and business address of the applicant and such 29 other information as the department shall require.] 30 following: 19910S1441B1728 - 2 -
1 (i) The applicant's sales tax number, if applicable. 2 (ii) The name and address of each owner or partner 3 and, if a corporation, the names of the officers and 4 directors, and shareholders owning 10% or more of the 5 outstanding stock of the corporation. 6 (iii) A statement of whether the applicant has 7 previously been convicted of a felony. 8 (iv) A statement of whether the applicant has 9 previously applied for registration or a registration 10 plate under this chapter and the result of the 11 application. The applicant shall further state whether he 12 has ever been the holder of a registration or 13 registration plates issued under this chapter that were 14 revoked or suspended. 15 (v) If the applicant is a partnership or a 16 corporation, a statement of whether any of the partners 17 or officers, directors or shareholders owning 10% or more 18 of the outstanding stock of the corporation have ever 19 been refused registration or registration plates under 20 this chapter. 21 (vi) Any additional information that the department 22 may require. 23 (2) The application shall be verified by the oath or 24 affirmation of the applicant or, if the applicant is a 25 partnership or a corporation, by a partner or officer. 26 [(c)] (d) Classes of "Miscellaneous Motor Vehicle 27 Business".-- 28 (1) Repair, service and towing.--Any person engaged in 29 the repair, service or towing of motor vehicles. 30 (2) Vehicle salvage dealer.--Any person who maintains an 19910S1441B1728 - 3 -
1 established place of business and who is engaged in the 2 business of buying, selling or exchanging used, wrecked or 3 abandoned vehicles and junkers for the purpose of remodeling, 4 taking apart, or rebuilding the same, or buying or selling of 5 parts. 6 (3) Transporter.--A person regularly engaged in the 7 business of transporting new vehicles or new and used 8 trailers on their own wheels, owned by or in possession of a 9 registered dealer. 10 (4) Financier or collector-repossessor.--A person who is 11 duly authorized to do business in this Commonwealth as a 12 financier or collector-repossessor and who is regularly 13 engaged in the business of financing sales, making loans on 14 the security of vehicles or repossessing vehicles which are 15 the subject of installment sales contracts as an independent 16 contractor. 17 § 1374. Suspension [or], revocation [of] or refusal to issue 18 vehicle business registration or registration plates. 19 (a) Suspension [or], revocation or refusal to issue after 20 opportunity for hearing.--The department may suspend [or], 21 revoke or refuse to issue registration or registration plates 22 for dealers, manufacturers or members of the "Miscellaneous 23 Motor Vehicle Business" class after providing opportunity for a 24 hearing in any of the following cases when the department finds 25 upon sufficient evidence that: 26 (1) Except as provided in subsection (b)(1), the 27 applicant registrant is no longer entitled to licensing as a 28 dealer or manufacturer or to registration in the 29 "Miscellaneous Motor Vehicle Business" class. 30 (2) The applicant or registrant has made or permitted to 19910S1441B1728 - 4 -
1 be made any unlawful use of the vehicle or registration plate 2 or plates or registration card or permitted the use by a 3 person not entitled thereto. 4 (3) The applicant or registrant has knowingly made a 5 false statement or knowingly concealed a material fact or 6 otherwise committed a fraud in any application. 7 (4) The applicant or registrant has failed to give 8 notice of transfer of ownership or of the destruction or 9 [junking] salvaging of any vehicle when and as required by 10 this title. 11 (5) The applicant or registrant has failed to deliver to 12 a transferee lawfully entitled thereto or to the department, 13 when and as required by this title, a properly assigned 14 certificate of title. 15 (6) The applicant or registrant has repeatedly violated 16 any of the provisions of this title. 17 (7) Any fee payable to the Commonwealth in connection 18 with the operation of the business of the applicant or 19 registrant has not been paid. 20 (8) The applicant or registrant has been convicted of a 21 violation of a Federal or State law involving vehicle theft 22 or has been convicted of a violation of any of the provisions 23 of Chapter 71 (relating to vehicle theft and related 24 provisions) or similar laws of other states within the 25 preceding ten years. 26 (9) The applicant or registrant has been convicted of a 27 felony within the preceding ten years. 28 (10) The applicant or registrant has no established 29 place of business. 30 (11) The applicant or registrant has, within 12 months 19910S1441B1728 - 5 -
1 prior to the application, been denied registration or 2 registration plates under paragraph (2), (3), (6), (8) or 3 (9). 4 (a.1) Corporations and partnerships.--If the applicant, 5 dealer or member of "Miscellaneous Motor Vehicle Business" class 6 is a corporation or partnership, the department may suspend, 7 revoke or refuse to issue a registration or registration plate 8 if any officer or director, or shareholder owning 10% or more of 9 the outstanding corporation stock or partner of the applicant, 10 dealer or member has been guilty of any act or omission which 11 would be cause for suspending, revoking or refusing a 12 registration or registration plate if the registration or 13 registration plate had been issued to an individual. The 14 department's findings may be based upon facts contained in the 15 application or upon any other information obtained by the 16 department. 17 (b) [Suspension] Action without hearing.--The department may 18 suspend [or], revoke or refuse to issue registration or 19 registration plates for applicants, dealers, manufacturers or 20 members of the "Miscellaneous Motor Vehicle Business" class 21 without providing the opportunity for a hearing in any of the 22 following cases: 23 (1) The applicant's or registrant's license as a dealer 24 or manufacturer has been suspended or revoked by the State 25 Board of Vehicle Manufacturers, Dealers and Salespersons or 26 the board has determined that the applicant or registrant is 27 not entitled to such a license. 28 (2) If the Pennsylvania State Police shall certify that 29 the applicant, dealer, manufacturer or member of the 30 "Miscellaneous Motor Vehicle Business" class is no longer in 19910S1441B1728 - 6 -
1 business. 2 (c) Recommended action by State licensing board.--The 3 department may also audit and investigate dealers and 4 manufacturers registered by the State Board of Vehicle 5 Manufacturers, Dealers and Salespersons to determine whether any 6 dealer or manufacturer has violated any provision of this title 7 pertaining to dealers or manufacturers or any regulation 8 promulgated by the department. The department may recommend that 9 the State Board of Vehicle Manufacturers, Dealers and 10 Salespersons suspend the license of any dealer or manufacturer 11 which it finds has committed a violation and the board shall 12 take prompt action on any such recommendations under the act of 13 December 22, 1983 (P.L.306, No.84), known as the Board of 14 Vehicles Act. 15 Section 2. This act shall take effect in 60 days. K4L75WMB/19910S1441B1728 - 7 -