HOUSE AMENDED
PRIOR PRINTER'S NOS. 602, 1316, 1519 PRINTER'S NO. 1539
No. 578 Session of 1995
INTRODUCED BY STOUT, BELAN, LAVALLE, BODACK, WENGER, O'PAKE,
PUNT, SCHWARTZ, STAPLETON, HART, ANDREZESKI, MUSTO AND
KASUNIC, FEBRUARY 23, 1995
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 30, 1995
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further defining "classic motor vehicle" AND, <--
3 "COMMERCIAL MOTOR VEHICLE" AND "EMERGENCY VEHICLE"; PROVIDING <--
4 FURTHER PROVIDING FOR THE TRANSFER OF OWNERSHIP OF A VEHICLE <--
5 AND FOR CORRECTION OF CERTIFICATE OF TITLE; PROVIDING FOR THE <--
6 DEVELOPMENT OF AN ELECTRONIC LIEN PROGRAM, FOR A DRUG ABUSE
7 RESISTANCE EDUCATION REGISTRATION PLATE AND, FOR SPECIAL <--
8 FUNDS, FOR COLLECTIBLE MOTOR VEHICLES AND, FOR AN EMISSION <--
9 REDUCTION PROGRAM IN THE DEPARTMENT OF ENVIRONMENTAL
10 PROTECTION AND FOR PENALTIES RELATING TO TOWED VEHICLES; <--
11 FURTHER PROVIDING FOR THE ENFORCEMENT OF THE INTERNATIONAL <--
12 FUEL TAX AGREEMENT; REVISING REPORTING TAXES AND
13 ADMINISTRATIVE PROCEDURES; MAKING APPROPRIATIONS; and making
14 a repeal.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. The definition of "classic motor vehicle" <--
18 DEFINITIONS OF "CLASSIC MOTOR VEHICLE" AND "EMERGENCY VEHICLE" <--
19 in section 102 of Title 75 of the Pennsylvania Consolidated
20 Statutes is ARE amended AND THE SECTION IS AMENDED BY ADDING A <--
21 DEFINITION to read:
22 § 102. Definitions.
1 Subject to additional definitions contained in subsequent
2 provisions of this title which are applicable to specific
3 provisions of this title, the following words and phrases when
4 used in this title shall have, unless the context clearly
5 indicates otherwise, the meanings given to them in this section:
6 * * *
7 "Classic motor vehicle." A motor vehicle, but not a
8 reproduction thereof, manufactured [at least ten years prior to
9 the effective date of the amendment to this definition and,
10 because of limited availability, determined by the department to
11 be a model or make of significant value to collectors or
12 exhibitors and] at least 15 years prior to the current year
13 which has been maintained in or restored to a condition which is
14 substantially in conformity with manufacturer specifications and
15 appearance[, provided that, five years from the effective date
16 of the amendment to this definition and thereafter, only a
17 vehicle which was manufactured at least 15 years prior thereto
18 and, because of limited availability, determined by the
19 department to be a model or make of significant value to
20 collectors or exhibitors and which has been maintained in or
21 restored to condition which is substantially in conformity with
22 manufacturer specifications and appearance shall be considered a
23 classic motor vehicle under this title]. Any classic motor
24 vehicle registered under section 1340 (relating to antique and
25 classic plates) on the effective date of the amendment to this
26 definition which fails to qualify as a classic motor vehicle
27 pursuant to these provisions may retain such classic
28 registration unless another type of registration is applied for
29 and issued for the vehicle.
30 * * * <--
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1 "COLLECTIBLE MOTOR VEHICLE." A RECONSTRUCTED MOTOR VEHICLE, <--
2 BUT NOT A REPRODUCTION THEREOF, SUBSTANTIALLY MODIFIED FROM THE
3 MANUFACTURER'S ORIGINAL SPECIFICATIONS AND APPEARANCE AND
4 MAINTAINED IN A COLLECTIBLE CONDITION AS DETERMINED BY THE
5 DEPARTMENT OF TRANSPORTATION.
6 * * *
7 "EMERGENCY VEHICLE." A FIRE DEPARTMENT VEHICLE, POLICE <--
8 VEHICLE, SHERIFF VEHICLE, AMBULANCE, BLOOD-DELIVERY VEHICLE,
9 HAZARDOUS MATERIAL RESPONSE VEHICLE, ARMED FORCES EMERGENCY
10 VEHICLE, ONE VEHICLE OPERATED BY A CORONER OR CHIEF COUNTY
11 MEDICAL EXAMINER AND ONE VEHICLE OPERATED BY A CHIEF DEPUTY
12 CORONER OR DEPUTY CHIEF COUNTY MEDICAL EXAMINER USED FOR
13 ANSWERING EMERGENCY CALLS, OR ANY OTHER VEHICLE DESIGNATED BY
14 THE STATE POLICE UNDER SECTION 6106 (RELATING TO DESIGNATION OF
15 EMERGENCY VEHICLES BY PENNSYLVANIA STATE POLICE), OR A PRIVATELY
16 OWNED VEHICLE USED IN ANSWERING AN EMERGENCY CALL WHEN USED BY
17 ANY OF THE FOLLOWING:
18 (1) A POLICE CHIEF AND ASSISTANT CHIEF.
19 (2) A FIRE CHIEF, ASSISTANT CHIEF AND, WHEN A FIRE
20 COMPANY HAS THREE OR MORE FIRE VEHICLES, A SECOND OR THIRD
21 ASSISTANT CHIEF.
22 (3) A FIRE POLICE CAPTAIN AND FIRE POLICE LIEUTENANT.
23 (4) AN AMBULANCE CORPS COMMANDER AND ASSISTANT
24 COMMANDER.
25 (5) A RIVER RESCUE COMMANDER AND ASSISTANT COMMANDER.
26 (6) A COUNTY EMERGENCY MANAGEMENT COORDINATOR.
27 (7) A FIRE MARSHAL.
28 (8) A RESCUE SERVICE CHIEF AND ASSISTANT CHIEF.
29 * * *
30 SECTION 2. SECTION 1111 OF TITLE 75 IS SECTIONS 1111 AND <--
19950S0578B1539 - 3 -
1 1115 OF TITLE 75 ARE AMENDED BY ADDING A SUBSECTION SUBSECTIONS <--
2 TO READ:
3 § 1111. TRANSFER OF OWNERSHIP OF VEHICLE.
4 * * *
5 (A.1) EXCEPTION FOR DEALERS.--WHEN A CERTIFICATE OF TITLE
6 FOR A VEHICLE ACQUIRED BY A LICENSED DEALER FOR THE PURPOSE OF
7 RESALE IS ENCUMBERED BY A LIEN, DELIVERY OF THE CERTIFICATE OF
8 TITLE BY THE DEALER AS A TRANSFEROR AT THE TIME OF DELIVERY OF
9 THE VEHICLE UPON RESALE SHALL NOT BE REQUIRED FOR A VEHICLE
10 BEING TITLED IN THIS COMMONWEALTH IF, PRIOR TO DELIVERY OF THE
11 VEHICLE, THE DEALER OBTAINS THE APPLICABLE POWERS OF ATTORNEY TO
12 PROPERLY EXECUTE TRANSFER OF THE TITLE AND THE DEALER REQUESTS
13 AND RECEIVES THE DEPARTMENTAL VERIFICATION OF ANY LIENHOLDERS,
14 OWNERSHIP, ODOMETER INFORMATION, TITLE BRANDS AND ANY OTHER
15 INFORMATION THAT THE DEPARTMENT DEEMS NECESSARY TO BE VERIFIED.
16 UPON PAYMENT OF THE ESTABLISHED FEE, THE DEPARTMENT SHALL
17 PROVIDE THE DEALER OR AUTHORIZED MESSENGER SERVICE WITH
18 VERIFICATION OF THE REQUIRED INFORMATION. THE DEPARTMENT MAY
19 SUPPLY THE VERIFIED INFORMATION BY EITHER WRITTEN OR ELECTRONIC
20 MEANS. THE APPLICATION AND A PROPERLY ASSIGNED CERTIFICATE OF
21 TITLE SHALL BE DELIVERED TO THE DEPARTMENT WITHIN THE TIME
22 PERIOD PRESCRIBED BY SECTION 1103.1 (RELATING TO APPLICATION FOR
23 CERTIFICATE OF TITLE). IF A DEALER SELLS A VEHICLE AFTER
24 VERIFICATION OF THE REQUIRED INFORMATION FOR A CERTIFICATE OF
25 TITLE ENCUMBERED BY A LIEN, BUT FAILS TO SATISFY THE LIEN OR
26 DELIVER AN ASSIGNMENT AND WARRANTY OF TITLE TO THE DEALER'S
27 TRANSFEREE WITHIN 90 DAYS OF THE DATE OF PURCHASE, AND THIS
28 FAILURE IS THE RESULT OF AN ACT OR OMISSION BY THE DEALER, THE
29 DEALER SHALL ACCEPT RETURN OF THE VEHICLE FROM THE TRANSFEREE
30 AND SHALL REFUND THE PURCHASE PRICE LESS ACTUAL DEPRECIATION OF
19950S0578B1539 - 4 -
1 THE VEHICLE WHILE IT WAS WITHIN THE POSSESSION OF THE
2 TRANSFEREE. IN REFUNDING THE PURCHASE PRICE, THE PRICE SHALL
3 INCLUDE THE LISTED DOLLAR VALUE OF ANY TRADE-IN VEHICLE AS
4 STATED IN THE SALES TRANSACTION DOCUMENT IN LIEU OF RETURNING
5 THE TRANSFEREE'S TRADE-IN VEHICLE.
6 * * *
7 § 1115. CORRECTION OF CERTIFICATE OF TITLE. <--
8 * * *
9 (B.1) CHANGE IN NAME ON CERTIFICATE.--WHENEVER THERE IS A
10 CHANGE OF NAME BECAUSE OF MARRIAGE OR DIVORCE, THE OWNER SHALL
11 NOT BE REQUIRED TO APPLY FOR A CORRECTED CERTIFICATE OF TITLE
12 BUT SHALL, IN SUCH MANNER AS THE DEPARTMENT SHALL PRESCRIBE,
13 INFORM THE DEPARTMENT OF THE NEW NAME AND OF THE TITLE NUMBER OF
14 EVERY VEHICLE TITLED IN THE OWNER'S FORMER NAME. UPON RECEIPT OF
15 SUCH INFORMATION, THE DEPARTMENT SHALL CORRECT THE VEHICLE
16 RECORD OF THE OWNER TO INDICATE THE NAME CHANGE. THE DEPARTMENT
17 SHALL NOT BE REQUIRED TO PRODUCE A NEW CERTIFICATE OF TITLE FOR
18 A NAME CHANGE BECAUSE OF MARRIAGE OR DIVORCE, UNLESS THE OWNER
19 SUBMITS AN APPLICATION FOR A NEW CERTIFICATE OF TITLE. IN THE
20 EVENT THAT THE OWNER SUBMITS AN APPLICATION FOR A NEW
21 CERTIFICATE OF TITLE, SUCH OWNER SHALL BE REQUIRED TO REMIT THE
22 FEE SET FORTH IN SECTION 1952 (RELATING TO CERTIFICATE OF TITLE)
23 FOR THE ISSUANCE OF A CERTIFICATE OF TITLE BY THE DEPARTMENT.
24 * * *
25 SECTION 3. CHAPTER 11 OF TITLE 75 IS AMENDED BY ADDING A
26 SUBCHAPTER TO READ:
27 SUBCHAPTER C
28 ELECTRONIC LIEN PROGRAM
29 SEC.
30 1151. ELECTRONIC MEDIA SYSTEM FOR VEHICLE TITLES.
19950S0578B1539 - 5 -
1 1152. DEVELOPMENT OF PILOT PROGRAM.
2 1153. ADMINISTRATION OF SYSTEM.
3 1154. EXPANSION OF PILOT PROGRAM.
4 1155. CERTIFICATION.
5 § 1151. ELECTRONIC MEDIA SYSTEM FOR VEHICLE TITLES.
6 (A) INITIAL RESPONSIBILITIES OF DEPARTMENT.--THE DEPARTMENT
7 IS AUTHORIZED TO FORM A TASK FORCE FOR THE PURPOSE OF DEVELOPING
8 A SYSTEM WHICH WILL PERMIT THE VOLUNTARY RECORDING OF VEHICLE
9 TITLE INFORMATION FOR NEW, TRANSFERRED AND CORRECTED
10 CERTIFICATES OF TITLE, INCLUDING THE PERFECTION AND RELEASE OF
11 SECURITY INTERESTS, THROUGH ELECTRONIC MEDIA IN A COST-EFFECTIVE
12 MANNER IN LIEU OF THE SUBMISSION AND MAINTENANCE OF PAPER
13 DOCUMENTS OTHERWISE REQUIRED BY THIS CHAPTER. THE MEMBERS OF THE
14 TASK FORCE SHALL BE APPOINTED BY THE SECRETARY AND SHALL INCLUDE
15 REPRESENTATIVES FROM THE DEPARTMENT, THE COMMERCIAL BANKING
16 INDUSTRY, SALES FINANCE COMPANIES, CREDIT UNIONS, SAVINGS
17 INSTITUTIONS AND THE VEHICLE DEALERSHIP INDUSTRY.
18 (B) TASK FORCE RESPONSIBILITIES.--THE TASK FORCE SHALL
19 RESEARCH METHODS WHEREBY THE DEPARTMENT, LENDING INSTITUTIONS
20 AND SALES FINANCE COMPANIES MAY EXCHANGE AND MAINTAIN
21 INFORMATION CONCERNING THE PERFECTION AND RELEASE OF VEHICLE
22 SECURITY INTERESTS WITHOUT SUBMITTING OR RECEIVING THE PAPER
23 TITLE DOCUMENT. FURTHER, THE TASK FORCE SHALL DEVELOP METHODS
24 WHEREBY LENDING INSTITUTIONS AND SALES FINANCE COMPANIES MAY
25 SUBMIT, THROUGH A VARIETY OF ELECTRONIC MEDIA, UPDATED
26 INFORMATION PERTAINING TO THE TITLE RECORD, INCLUDING THE
27 ADDITION, ASSIGNMENT OR RELEASE OF VEHICLE SECURITY INTERESTS.
28 § 1152. DEVELOPMENT OF PILOT PROGRAM.
29 THE TASK FORCE APPOINTED UNDER SECTION 1151 (RELATING TO
30 ELECTRONIC MEDIA SYSTEM FOR VEHICLE TITLES) SHALL DEVELOP A
19950S0578B1539 - 6 -
1 PILOT PROGRAM TO IMPLEMENT VOLUNTARY ELECTRONIC TRANSACTIONS IN
2 LIEU OF THE PAPER DOCUMENTS REQUIRED BY THIS CHAPTER. THE
3 DEPARTMENT MAY LIMIT THE NUMBER OF COUNTIES IN WHICH THE PILOT
4 PROGRAM WILL BE IN EFFECT AND MAY ALSO LIMIT THE NUMBER OF
5 LENDING INSTITUTIONS AND SALES FINANCE COMPANIES PARTICIPATING
6 IN THE PROGRAM, BUT SHALL ENCOURAGE LENDING INSTITUTIONS AND
7 SALES FINANCE COMPANIES OF VARIOUS SIZES TO PARTICIPATE.
8 § 1153. ADMINISTRATION OF SYSTEM.
9 TO CARRY OUT ITS RESPONSIBILITIES UNDER THIS SUBCHAPTER, THE
10 DEPARTMENT IS AUTHORIZED TO CONTRACT WITH PRIVATE INDUSTRIES FOR
11 THE PURPOSE OF ADMINISTRATING A SYSTEM WHICH WILL PERMIT THE
12 ELECTRONIC COMMUNICATION OF TITLE INFORMATION AND SECURITY
13 INTEREST NOTIFICATION. A THIRD PARTY OPERATING A SECURED HOST
14 COMPUTER SYSTEM INTERFACING WITH THE DEPARTMENT'S COMPUTER
15 SYSTEM AND THE COMPUTER SYSTEM OF A LENDING INSTITUTION OR OTHER
16 SALES FINANCE COMPANY SHALL BE BONDED IN THE AMOUNT SPECIFIED BY
17 THE DEPARTMENT AND SHALL MAINTAIN AUDIT TRAILS FOR A PERIOD OF
18 TIME SPECIFIED BY THE DEPARTMENT. THE DEPARTMENT IS AUTHORIZED
19 TO PAY A REASONABLE FEE TO A THIRD PARTY TO ADMINISTER THE
20 SYSTEM. INFORMATION RECEIVED UNDER THIS SECTION BY A THIRD PARTY
21 SHALL REMAIN CONFIDENTIAL AS SPECIFIED BY THE DEPARTMENT.
22 § 1154. EXPANSION OF PILOT PROGRAM.
23 IF, AFTER 12 MONTHS OF OPERATION, THE SECRETARY CERTIFIES IN
24 THE PENNSYLVANIA BULLETIN THAT THE PILOT PROGRAM CREATED UNDER
25 SECTION 1152 (RELATING TO DEVELOPMENT OF PILOT PROGRAM) HAS BEEN
26 SUCCESSFUL, THE DEPARTMENT SHALL PROMULGATE REGULATIONS
27 GOVERNING VOLUNTARY ELECTRONIC MEDIA TRANSACTIONS IN LIEU OF
28 SUBMISSION AND MAINTENANCE OF PAPER DOCUMENTS OTHERWISE REQUIRED
29 BY THIS CHAPTER. UNTIL THE REGULATIONS ARE ADOPTED, THE
30 DEPARTMENT MAY MAINTAIN AND EXPAND THE PILOT PROGRAM PROVIDED
19950S0578B1539 - 7 -
1 FOR IN SECTION 1152.
2 § 1155. CERTIFICATION.
3 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A WRITTEN OR
4 PRINTED REPORT OF AN ELECTRONIC TRANSACTION OR RECORDING
5 PERMITTED UNDER THIS SUBCHAPTER, IF CERTIFIED AS TRUE AND
6 CORRECT BY THE DEPARTMENT, SHALL SERVE AS EVIDENCE OF ANY
7 SIGNATURE, ACKNOWLEDGMENT OR INFORMATION WHICH WAS PROVIDED TO
8 OR BY THE DEPARTMENT THROUGH ELECTRONIC MEANS, AND THE
9 CERTIFICATION SHALL BE ADMISSIBLE IN ANY LEGAL PROCEEDING AS
10 EVIDENCE OF THE FACTS STATED THEREIN.
11 SECTION 2 4. SECTIONS 1307(E), 1340 AND 1923 AND 1340 OF <--
12 TITLE 75 ARE AMENDED TO READ:
13 § 1307. PERIOD OF REGISTRATION.
14 * * *
15 (E) ANTIQUE [AND], CLASSIC AND COLLECTIBLE VEHICLES.--
16 ANTIQUE [AND], CLASSIC AND COLLECTIBLE MOTOR VEHICLE
17 REGISTRATIONS SHALL EXPIRE UPON THE [JUNKING] SALVAGING,
18 SCRAPPING OR TRANSFER OF OWNERSHIP OF THE VEHICLE, EXCEPT THAT
19 IF THE TRANSFER IS BETWEEN SPOUSES OR BETWEEN PARENT AND CHILD
20 THE REGISTRATION MAY BE TRANSFERRED UPON PAYMENT OF A TRANSFER
21 FEE.
22 § 1340. ANTIQUE [AND], CLASSIC AND COLLECTIBLE PLATES.
23 (A) GENERAL RULE.--UPON SUBMISSION BY A VEHICLE OWNER OF
24 INFORMATION SATISFACTORY TO THE DEPARTMENT THAT A MOTORCYCLE OR
25 MOTOR VEHICLE IS AN ANTIQUE MOTORCYCLE OR MOTOR VEHICLE OR
26 CLASSIC MOTORCYCLE OR MOTOR VEHICLE OR COLLECTIBLE MOTORCYCLE OR
27 MOTOR VEHICLE, ACCOMPANIED BY THE APPROPRIATE FEE, THE
28 DEPARTMENT MAY ISSUE SPECIAL PLATES FOR THE MOTORCYCLE OR
29 VEHICLE. THE APPLICANT SHALL PROVIDE PHOTOGRAPHIC PROOF IN A
30 MANNER SPECIFIED BY THE DEPARTMENT TO DEMONSTRATE THE CONDITION
19950S0578B1539 - 8 -
1 OF THE MOTOR VEHICLE. NO ANNUAL REGISTRATION FEE MAY BE CHARGED
2 FOR ANTIQUE, COLLECTIBLE OR CLASSIC MOTORCYCLES OR MOTOR
3 VEHICLES.
4 (B) USE OF PLATES.--IT IS UNLAWFUL FOR ANY PERSON TO OPERATE
5 A MOTORCYCLE OR VEHICLE WITH ANTIQUE [OR], CLASSIC OR
6 COLLECTIBLE REGISTRATION PLATES FOR GENERAL DAILY
7 TRANSPORTATION. PERMITTED USE SHALL BE LIMITED TO PARTICIPATION
8 IN CLUB ACTIVITIES, EXHIBITS, TOURS, PARADES, OCCASIONAL
9 TRANSPORTATION AND SIMILAR USES. OCCASIONAL TRANSPORTATION SHALL
10 MEAN NO MORE THAN ONE DAY PER WEEK.
11 SECTION 5. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ: <--
12 § 1358. DARE PLATE.
13 THE DEPARTMENT, IN CONSULTATION WITH THE PENNSYLVANIA
14 COMMISSION ON CRIME AND DELINQUENCY, SHALL DESIGN A SPECIAL DRUG
15 ABUSE RESISTANCE EDUCATION (DARE) REGISTRATION PLATE WHICH
16 UTILIZES THE DARE LOGO OR SLOGAN IN THE DESIGN. UPON APPLICATION
17 OF ANY PERSON, ACCOMPANIED BY A FEE OF $35 WHICH SHALL BE IN
18 ADDITION TO THE ANNUAL REGISTRATION FEE, THE DEPARTMENT SHALL
19 ISSUE THE PLATE FOR A PASSENGER CAR, MOTOR HOME, TRAILER OR
20 TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF NOT MORE THAN 9,000
21 POUNDS. THE DRUG ABUSE RESISTANCE EDUCATION PROGRAM SHALL
22 RECEIVE $15 OF EACH ADDITIONAL FEE FOR THIS PLATE.
23 SECTION 6. THE DEFINITION OF "COMMERCIAL MOTOR VEHICLE" IN
24 SECTION 1603 OF TITLE 75 IS AMENDED TO READ:
25 § 1603. DEFINITIONS.
26 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
27 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
28 CONTEXT CLEARLY INDICATES OTHERWISE:
29 * * *
30 "COMMERCIAL MOTOR VEHICLE." A MOTOR VEHICLE DESIGNED OR USED
19950S0578B1539 - 9 -
1 TO TRANSPORT PASSENGERS OR PROPERTY:
2 (1) IF THE VEHICLE HAS A GROSS VEHICLE WEIGHT RATING OF
3 26,001 OR MORE POUNDS OR SUCH LESSER RATING AS THE DEPARTMENT
4 SHALL ADOPT UNDER THE PROVISIONS OF SECTION 6103(C) (RELATING
5 TO PROMULGATION OF RULES AND REGULATIONS BY DEPARTMENT), AS
6 DETERMINED BY FEDERAL REGULATION AND PUBLISHED BY THE
7 DEPARTMENT AS A NOTICE IN THE PENNSYLVANIA BULLETIN;
8 (2) IF THE VEHICLE IS DESIGNED TO TRANSPORT 16 OR MORE
9 PASSENGERS, INCLUDING THE DRIVER;
10 (3) IF THE VEHICLE IS A SCHOOL BUS; OR
11 (4) IF THE VEHICLE IS TRANSPORTING HAZARDOUS MATERIALS
12 AND IS REQUIRED TO BE PLACARDED IN ACCORDANCE WITH DEPARTMENT
13 REGULATIONS.
14 THE TERM DOES NOT INCLUDE AN ANTIQUE OR CLASSIC MOTOR VEHICLE,
15 OR AN IMPLEMENT OF HUSBANDRY, OR ANY MOTOR HOME OR RECREATIONAL
16 TRAILER OPERATED SOLELY FOR PERSONAL USE, OR MOTORIZED
17 CONSTRUCTION EQUIPMENT, INCLUDING, BUT NOT LIMITED TO,
18 MOTORSCRAPERS, BACKHOES, MOTORGRADERS, COMPACTORS, EXCAVATORS,
19 TRACTORS, TRENCHERS AND BULLDOZERS.
20 * * *
21 SECTION 7. SECTION 1905 OF TITLE 75 IS AMENDED BY ADDING <--
22 SUBSECTIONS TO READ:
23 § 1905. PAYMENTS TO SPECIAL FUNDS.
24 * * *
25 (C) DRUG ABUSE RESISTANCE EDUCATION FUND.--FIFTEEN DOLLARS
26 OF EACH FEE RECEIVED UNDER SECTION 1358 (RELATING TO DARE PLATE)
27 SHALL BE CREDITED TO THE DRUG ABUSE RESISTANCE EDUCATION FUND,
28 ESTABLISHED AS FOLLOWS:
29 (1) THERE IS HEREBY ESTABLISHED A SPECIAL ACCOUNT IN THE
30 STATE TREASURY WHICH SHALL BE KNOWN AS THE DRUG ABUSE
19950S0578B1539 - 10 -
1 RESISTANCE EDUCATION (DARE) FUND. THE PURPOSE OF THE DARE
2 FUND IS TO PROVIDE MONEYS FOR AN ONGOING EDUCATIONAL PROGRAM
3 IN PUBLIC SCHOOLS TO PREVENT DRUG ABUSE, UTILIZING POLICE
4 AGENCY REPRESENTATIVES, SCHOOL DISTRICT EMPLOYEES, MATERIALS,
5 SUPPLIES AND OTHER NECESSARY EXPENSES ASSOCIATED WITH THE
6 PROGRAM.
7 (2) ALL MONEYS IN THE DARE FUND ARE HEREBY ANNUALLY
8 APPROPRIATED TO THE PENNSYLVANIA COMMISSION ON CRIME AND
9 DELINQUENCY AND MAY BE EXPENDED FOR THE PURPOSES AUTHORIZED
10 UNDER THIS SUBSECTION.
11 (3) ESTIMATES OF AMOUNTS TO BE EXPENDED UNDER THIS
12 SUBSECTION SHALL BE SUBMITTED TO THE GOVERNOR BY THE
13 PENNSYLVANIA COMMISSION ON CRIME AND DELINQUENCY FOR HIS
14 APPROVAL.
15 (4) THE STATE TREASURER SHALL NOT HONOR ANY REQUISITION
16 FOR EXPENDITURES BY THE PENNSYLVANIA COMMISSION ON CRIME AND
17 DELINQUENCY IN EXCESS OF ESTIMATES APPROVED BY THE GOVERNOR
18 OR IN EXCESS OF THE AMOUNT AVAILABLE FOR THE PURPOSES FOR
19 WHICH THE REQUISITION WAS MADE, WHICHEVER IS THE LESSER
20 AMOUNT.
21 (D) ORGAN DONATION AWARENESS TRUST FUND.--MONEYS RECEIVED BY <--
22 THE DEPARTMENT IN ACCORDANCE WITH THE PROVISIONS OF 20 PA.C.S. §
23 8621 (RELATING TO ORGAN DONATION AWARENESS TRUST FUND
24 CONTRIBUTIONS) SHALL BE CREDITED TO THE ORGAN DONATION AWARENESS
25 TRUST FUND.
26 SECTION 8. SECTIONS 1923 AND 2101 OF TITLE 75 ARE AMENDED TO
27 READ:
28 § 1923. ANTIQUE [AND], CLASSIC AND COLLECTIBLE VEHICLES.
29 THE FEE FOR REGISTRATION OF AN ANTIQUE [OR], CLASSIC OR
30 COLLECTIBLE MOTOR VEHICLE SHALL BE $50.
19950S0578B1539 - 11 -
1 § 2101. CONSTRUCTION. <--
2 THIS CHAPTER SHALL BE CONSTRUED IN CONJUNCTION WITH CHAPTER
3 96 (RELATING TO MOTOR CARRIERS ROAD TAX) [AND ANY REFERENCE TO
4 THE FORMER SECTION 11 OF THE ACT OF JUNE 19, 1964 (P.L.7, NO.1),
5 KNOWN AS THE MOTOR CARRIERS ROAD TAX ACT, SHALL BE DEEMED A
6 REFERENCE TO THIS CHAPTER].
7 SECTION 9. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
8 § 2101.1. DEFINITIONS.
9 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER AND
10 IN CHAPTER 96 (RELATING TO MOTOR CARRIERS ROAD TAX) SHALL HAVE
11 THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT
12 CLEARLY INDICATES OTHERWISE:
13 "IFTA." THE INTERNATIONAL FUEL TAX AGREEMENT, INCLUDING ANY
14 AMENDMENTS.
15 "LICENSE." A VALID UNEXPIRED AND UNREVOKED LICENSE ISSUED
16 PURSUANT TO THE INTERNATIONAL FUEL TAX AGREEMENT BY ANY BASE
17 JURISDICTION THEREOF TO THE MOTOR CARRIER.
18 "QUALIFIED MOTOR VEHICLE." A MOTOR VEHICLE, OTHER THAN A
19 RECREATIONAL VEHICLE, WHICH IS USED, DESIGNED OR MAINTAINED FOR
20 TRANSPORTATION OF PERSONS OR PROPERTY AND:
21 (1) HAVING TWO AXLES AND A GROSS WEIGHT OR REGISTERED
22 GROSS WEIGHT EXCEEDING 26,000 POUNDS.
23 (2) HAVING THREE OR MORE AXLES REGARDLESS OF WEIGHT.
24 (3) USED IN COMBINATION, WHEN THE GROSS WEIGHT OR
25 REGISTERED GROSS WEIGHT OF THE COMBINATION EXCEEDS 26,000
26 POUNDS.
27 IF THERE IS NO REGISTERED GROSS WEIGHT, THEN THE GROSS VEHICLE
28 WEIGHT RATING (GVWR) OR GROSS COMBINATION WEIGHT RATING (GCWR)
29 OF THE MOTOR VEHICLE SHALL BE USED.
30 SECTION 10. SECTIONS 2102, 2104 AND 2105 OF TITLE 75 ARE
19950S0578B1539 - 12 -
1 AMENDED TO READ:
2 § 2102. IDENTIFICATION MARKERS AND LICENSE OR ROAD TAX
3 REGISTRATION CARD REQUIRED.
4 (A) GENERAL RULE.--THE SECRETARY OF REVENUE SHALL PROVIDE
5 [AN IDENTIFICATION MARKER FOR EVERY MOTOR CARRIER VEHICLE.]
6 IDENTIFICATION MARKERS AS FOLLOWS:
7 (1) QUALIFIED MOTOR VEHICLES SUBJECT TO IFTA SHALL BE
8 ISSUED IDENTIFICATION MARKERS (DECALS) AND A LICENSE AS
9 REQUIRED BY IFTA.
10 (2) QUALIFIED MOTOR VEHICLES NOT SUBJECT TO IFTA SHALL
11 BE ISSUED IDENTIFICATION MARKERS AND A ROAD TAX REGISTRATION
12 CARD.
13 [(1)] (3) ALL QUALIFIED MOTOR VEHICLES REQUIRED TO
14 DISPLAY THE IDENTIFICATION [MARKER] MARKERS SHALL PERMANENTLY
15 AFFIX SUCH IDENTIFICATION [MARKER] MARKERS ON THE [TOP ONE-
16 HALF OF THE OUTSIDE DOOR PANEL ON THE DRIVER'S LEFT-HAND
17 SIDE] EXTERIOR PORTION OF BOTH SIDES OF THE CAB AND SHALL
18 FOLLOW THE DIRECTIONS AS INDICATED ON THE REVERSE SIDE OF THE
19 IDENTIFICATION MARKER.
20 (4) A LEGIBLE COPY OF THE IFTA LICENSE (CAB CARD) ISSUED
21 TO THE MOTOR CARRIER SHALL BE CARRIED IN THE CAB OF ANY
22 QUALIFIED MOTOR VEHICLE SUBJECT TO IFTA. THE ROAD TAX
23 REGISTRATION CARD ISSUED TO ANY QUALIFIED MOTOR VEHICLE NOT
24 SUBJECT TO IFTA SHALL BE CARRIED IN THE CAB OF THE VEHICLE.
25 [(2)] (5) THE IDENTIFICATION [MARKER] MARKERS, ROAD TAX
26 REGISTRATION CARD AND ANY IFTA LICENSE ISSUED BY THE
27 SECRETARY OF REVENUE SHALL REMAIN THE PROPERTY OF THE
28 COMMONWEALTH AND MAY BE RECALLED FOR ANY VIOLATION OF THE
29 PROVISIONS OF THIS CHAPTER, CHAPTER 96 (RELATING TO MOTOR
30 CARRIERS ROAD TAX) OR THE REGULATIONS PROMULGATED THEREUNDER.
19950S0578B1539 - 13 -
1 (6) THE DEPARTMENT OF REVENUE, FOR CAUSE, MAY DENY,
2 SUSPEND OR REVOKE ANY LICENSE, ROAD TAX REGISTRATION CARD OR
3 IDENTIFICATION MARKERS ISSUED UNDER THIS SECTION, AFTER AN
4 OPPORTUNITY FOR A HEARING HAS BEEN AFFORDED THE CARRIER,
5 PROVIDED, HOWEVER, THAT A LICENSE, A ROAD TAX REGISTRATION
6 CARD OR IDENTIFICATION MARKERS MAY BE DENIED OR MAY BE
7 SUSPENDED OR REVOKED FOR FAILURE TO FILE A RETURN AS REQUIRED
8 OR FOR NONPAYMENT OF MONEYS DUE AND NOT UNDER APPEAL UNDER
9 THIS CHAPTER OR CHAPTER 96, INCLUDING RELATED MOTOR FUEL
10 TAXES PRIOR TO A HEARING.
11 (B) FEE.--THE FEE FOR ISSUANCE OF [AN IDENTIFICATION MARKER
12 PRIOR TO AND INCLUDING MARCH 31, 1983 SHALL BE $25 AND
13 THEREAFTER THE FEE] IDENTIFICATION MARKERS SHALL BE $5 PER
14 VEHICLE.
15 (C) ISSUANCE OF MARKERS AND LICENSES OR ROAD TAX
16 REGISTRATION CARDS.--
17 (1) IDENTIFICATION MARKERS AND LICENSES OR ROAD TAX
18 REGISTRATION CARDS SHALL BE ISSUED ON A 12-MONTH BASIS,
19 EFFECTIVE [APRIL 1] JANUARY 1 OF EACH YEAR, AND SHALL BE
20 VALID THROUGH THE NEXT SUCCEEDING [MARCH 31] DECEMBER 31;
21 HOWEVER, ENFORCEMENT OF THIS SECTION SHALL NOT BECOME
22 EFFECTIVE UNTIL [APRIL 15] MARCH 1 OF EACH YEAR AS TO
23 QUALIFIED MOTOR [CARRIER] VEHICLES DISPLAYING THE PREVIOUS
24 YEAR'S IDENTIFICATION [MARKER.] MARKERS. THE IDENTIFICATION
25 MARKERS AND LICENSE OR ROAD TAX REGISTRATION CARD MAY BE
26 VALIDLY DISPLAYED AND CARRIED ON OR AFTER DECEMBER 1 OF THE
27 PRECEDING YEAR.
28 (2) THE DEPARTMENT OF REVENUE SHALL HAVE THE POWER AND
29 MAY DESIGNATE [DEALERS OF MOTOR CARRIER VEHICLES, THE
30 DEPARTMENT AND DESIGNATED AGENTS OF THE DEPARTMENT LOCATED
19950S0578B1539 - 14 -
1 WITHIN THIS COMMONWEALTH] THE DEPARTMENT OF TRANSPORTATION TO
2 ACT AS [AGENTS] AN AGENT FOR THE DEPARTMENT OF REVENUE FOR
3 THE PURPOSE OF COLLECTING THE FEE UNDER SUBSECTION (B),
4 PROCESSING THE NECESSARY PAPERS AND ISSUING A TEMPORARY
5 PERMIT TO AUTHORIZE THE OPERATION OF A QUALIFIED MOTOR
6 [CARRIER] VEHICLE PENDING ISSUANCE OF [A] PERMANENT
7 IDENTIFICATION [MARKER] MARKERS BY THE DEPARTMENT.
8 (D) OPERATION WITHOUT IDENTIFICATION [MARKER] MARKERS
9 UNLAWFUL.--[IT] EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3), IT
10 SHALL BE UNLAWFUL TO OPERATE OR TO CAUSE TO BE OPERATED IN THIS
11 COMMONWEALTH ANY QUALIFIED MOTOR [CARRIER] VEHICLE UNLESS THE
12 VEHICLE BEARS THE IDENTIFICATION [MARKER] MARKERS REQUIRED BY
13 THIS SECTION OR VALID AND UNREVOKED IFTA IDENTIFICATION MARKERS
14 ISSUED BY ANOTHER IFTA JURISDICTION.
15 (1) THE SECRETARY OF REVENUE MAY BY REGULATION EXEMPT
16 FROM THE REQUIREMENT TO DISPLAY THE IDENTIFICATION [MARKER]
17 MARKERS THOSE QUALIFIED MOTOR [CARRIER] VEHICLES WHICH IN HIS
18 OPINION ARE CLEARLY IDENTIFIABLE SUCH THAT EFFECTIVE
19 ENFORCEMENT OF THIS CHAPTER WILL NOT SUFFER THEREBY.
20 (2) FOR A PERIOD NOT EXCEEDING [FIVE] 30 DAYS AS TO ANY
21 ONE MOTOR CARRIER, THE SECRETARY OF REVENUE BY LETTER OR
22 TELEGRAM MAY AUTHORIZE THE OPERATION OF A QUALIFIED MOTOR
23 [CARRIER] VEHICLE OR VEHICLES WITHOUT THE IDENTIFICATION
24 [MARKER REQUIRED OR THE PAYMENT OF THE AXLE TAX WHEN THE]
25 MARKERS REQUIRED WHEN BOTH THE FOLLOWING ARE APPLICABLE:
26 (I) ENFORCEMENT OF THIS SECTION [OR SECTION 9902]
27 FOR THAT PERIOD WOULD CAUSE UNDUE DELAY AND HARDSHIP IN
28 THE OPERATION OF SUCH QUALIFIED MOTOR [CARRIER] VEHICLE
29 [OR VEHICLES]; AND
30 (II) THE MOTOR CARRIER IS REGISTERED AND/OR LICENSED
19950S0578B1539 - 15 -
1 FOR THE MOTOR CARRIERS ROAD TAX WITH THE DEPARTMENT OF
2 REVENUE OR HAS FILED AN APPLICATION THEREFOR WITH THE
3 DEPARTMENT OF REVENUE:
4 [(I)] (A) THE FEE FOR SUCH TEMPORARY PERMITS SHALL
5 BE [$25] $5 FOR EACH QUALIFIED MOTOR [CARRIER]
6 VEHICLE WHICH SHALL BE DEPOSITED IN THE HIGHWAY
7 BRIDGE IMPROVEMENT RESTRICTED ACCOUNT WITHIN THE
8 MOTOR LICENSE FUND.
9 [(II)] (B) CONDITIONS FOR THE ISSUANCE OF SUCH
10 PERMITS SHALL BE SET FORTH IN REGULATIONS PROMULGATED
11 BY THE DEPARTMENT OF REVENUE.
12 (C) A TEMPORARY PERMIT ISSUED BY ANOTHER IFTA
13 JURISDICTION UNDER AUTHORITY SIMILAR TO THIS
14 PARAGRAPH SHALL BE ACCORDED THE SAME EFFECT AS A
15 TEMPORARY PERMIT ISSUED UNDER THIS PARAGRAPH.
16 (3) A MOTOR CARRIER MAY, IN LIEU OF PAYING THE TAX
17 IMPOSED AND FILING THE TAX REPORT REQUIRED BY CHAPTER 96
18 (RELATING TO MOTOR CARRIERS ROAD TAX) AND IN LIEU OF
19 COMPLYING WITH ANY OTHER PROVISIONS OF THIS SECTION THAT
20 WOULD OTHERWISE BE APPLICABLE AS A RESULT OF THE OPERATION OF
21 A PARTICULAR QUALIFIED MOTOR VEHICLE, OBTAIN FROM THE
22 DEPARTMENT OF REVENUE A TRIP PERMIT AUTHORIZING THE CARRIER
23 TO OPERATE THE QUALIFIED MOTOR VEHICLE FOR A PERIOD OF FIVE
24 CONSECUTIVE DAYS. THE DEPARTMENT OF REVENUE SHALL SPECIFY THE
25 BEGINNING AND ENDING DAYS ON THE FACE OF THE PERMIT. THE FEE
26 FOR A TRIP PERMIT FOR EACH QUALIFIED MOTOR VEHICLE IS $50
27 WHICH SHALL BE DEPOSITED IN THE HIGHWAY BRIDGE IMPROVEMENT
28 RESTRICTED ACCOUNT WITHIN THE MOTOR LICENSE FUND. THE REPORT
29 OTHERWISE REQUIRED UNDER CHAPTER 96 IS NOT REQUIRED WITH
30 RESPECT TO A VEHICLE FOR WHICH A TRIP PERMIT HAS BEEN ISSUED
19950S0578B1539 - 16 -
1 UNDER THIS SUBSECTION.
2 (E) OPERATION WITHOUT IFTA LICENSE OR ROAD TAX REGISTRATION
3 CARD UNLAWFUL.--IT SHALL BE UNLAWFUL TO OPERATE OR TO CAUSE TO
4 BE OPERATED IN THIS COMMONWEALTH ANY QUALIFIED MOTOR VEHICLE
5 UNLESS THE VEHICLE CARRIES EITHER THE IFTA LICENSE OR ROAD TAX
6 REGISTRATION CARD REQUIRED BY THIS SECTION.
7 § 2104. SPECIAL INVESTIGATORS; POWERS.
8 SUCH EMPLOYEES OF THE DEPARTMENT OF REVENUE AS ARE DESIGNATED
9 AS SPECIAL INVESTIGATORS, AND WHO CARRY IDENTIFICATION
10 INDICATING SUCH CAPACITY, ARE HEREBY DECLARED TO BE PEACE
11 OFFICERS OF THE COMMONWEALTH, ARE HEREBY GIVEN POLICE POWER AND
12 AUTHORITY THROUGHOUT THE COMMONWEALTH TO ARREST ON VIEW WITHOUT
13 WARRANT ANY DRIVER OF A QUALIFIED MOTOR [CARRIER] VEHICLE
14 ENGAGED IN ANY OPERATIONS IN VIOLATION OF ANY PROVISION OF THIS
15 CHAPTER OR CHAPTER 96 (RELATING TO MOTOR CARRIERS ROAD TAX) AND
16 SHALL HAVE THE POWER AND AUTHORITY UPON PROBABLE CAUSE THAT ANY
17 SUCH VIOLATION MAY HAVE OCCURRED TO SEARCH AND SEIZE WITHOUT
18 WARRANT OR PROCESS ANY QUALIFIED MOTOR VEHICLE SO OPERATED.
19 § 2105. EXEMPTIONS.
20 (A) GENERAL RULE.--THE REQUIREMENTS OF THIS CHAPTER AND
21 CHAPTER 96 (RELATING TO MOTOR CARRIERS ROAD TAX) DO NOT APPLY TO
22 THE FOLLOWING VEHICLES:
23 (1) A QUALIFIED MOTOR [CARRIER] VEHICLE BEARING A
24 PENNSYLVANIA FARM VEHICLE REGISTRATION PLATE AND OPERATED IN
25 ACCORDANCE WITH THE RESTRICTIONS OF SECTION 1344 (RELATING TO
26 USE OF FARM VEHICLE PLATES) OR A QUALIFIED MOTOR [CARRIER]
27 VEHICLE REGISTERED AND OPERATED UNDER PROVISIONS OF ANOTHER
28 JURISDICTION DETERMINED BY THE DEPARTMENT OF REVENUE [AND THE
29 DEPARTMENT OF TRANSPORTATION] TO BE SIMILAR TO THOSE
30 RESTRICTIONS.
19950S0578B1539 - 17 -
1 (2) A QUALIFIED MOTOR [CARRIER] VEHICLE EXEMPT FROM
2 REGISTRATION AS A FARM [TRUCK] VEHICLE AND OPERATED IN
3 ACCORDANCE WITH THE RESTRICTIONS OF SECTION 1302(A)(10)
4 (RELATING TO VEHICLES EXEMPT FROM REGISTRATION) OR A
5 QUALIFIED MOTOR [CARRIER] VEHICLE OPERATED UNDER PROVISIONS
6 OF ANOTHER JURISDICTION DETERMINED BY THE DEPARTMENT OF
7 REVENUE [AND THE DEPARTMENT OF TRANSPORTATION] TO BE SIMILAR
8 TO THOSE RESTRICTIONS.
9 (3) AN EMERGENCY VEHICLE AS DEFINED BY SECTION 102
10 (RELATING TO DEFINITIONS).
11 (4) A QUALIFIED MOTOR [CARRIER] VEHICLE OPERATED BY OR
12 ON BEHALF OF ANY DEPARTMENT, BOARD OR COMMISSION OF THE
13 COMMONWEALTH, OR ANY POLITICAL SUBDIVISION THEREOF, OR ANY
14 QUASI-GOVERNMENTAL AUTHORITY OF WHICH THIS COMMONWEALTH IS A
15 PARTICIPATING MEMBER, OR ANY AGENCY OF THE FEDERAL GOVERNMENT
16 OR THE DISTRICT OF COLUMBIA, ANY FOREIGN COUNTRY, OR OF ANY
17 STATE OR ANY POLITICAL SUBDIVISION THEREOF WHICH GRANTS
18 SIMILAR EXEMPTIONS TO PUBLICLY OWNED VEHICLES REGISTERED IN
19 THIS COMMONWEALTH.
20 (5) A [BUS OPERATED UNDER THE ACT OF AUGUST 1, 1963
21 (P.L.476, NO.249), RELATING TO TAXATION OF MOTOR FUELS
22 CONSUMED BY INTERSTATE BUSES, OR ANY SCHOOL BUS OPERATED BY
23 OR ON BEHALF OF ANY PRIVATE OR PRIVATELY OPERATED SCHOOL.]
24 SCHOOL BUS.
25 (6) AN IMPLEMENT OF HUSBANDRY AS DEFINED BY SECTION 102.
26 (7) SPECIAL MOBILE EQUIPMENT AS DEFINED BY SECTION 102.
27 (8) AN UNLADEN OR TOWED MOTOR VEHICLE OR UNLADEN TRAILER
28 WHICH ENTERS THIS COMMONWEALTH SOLELY FOR THE PURPOSE OF
29 SECURING REPAIRS OR RECONDITIONING. THE REPAIR FACILITY SHALL
30 FURNISH TO THE MOTOR CARRIER A CERTIFICATE TO BE CARRIED BY
19950S0578B1539 - 18 -
1 THE QUALIFIED MOTOR [CARRIER] VEHICLE OPERATOR WHILE THE
2 VEHICLE IS IN THIS COMMONWEALTH FOR THE PURPOSES OF THIS
3 PARAGRAPH.
4 (9) A QUALIFIED MOTOR [CARRIER] VEHICLE NEEDING
5 EMERGENCY REPAIRS WHICH SECURES AUTHORIZATION FROM THE
6 PENNSYLVANIA STATE POLICE TO ENTER THIS COMMONWEALTH UNDER
7 THIS SECTION.
8 (10) A COMMERCIAL IMPLEMENT OF HUSBANDRY.
9 (B) REGULATIONS.--THE DEPARTMENT OF REVENUE MAY PROMULGATE
10 REGULATIONS TO IMPLEMENT THIS SECTION.
11 SECTION 3 11. SECTIONS 4702 AND 4706, 4706 AND 4905 OF TITLE <--
12 75 ARE AMENDED BY ADDING SUBSECTIONS TO READ:
13 § 4702. REQUIREMENT FOR PERIODIC INSPECTION OF VEHICLES.
14 * * *
15 (C.1) SAFETY INSPECTION CRITERIA FOR COLLECTIBLE MOTOR
16 VEHICLES.--THE DEPARTMENT SHALL PRESCRIBE SPECIAL INSPECTION
17 CRITERIA FOR VEHICLES REGISTERED AS COLLECTIBLE MOTOR VEHICLES.
18 * * *
19 § 4706. PROHIBITION ON EXPENDITURES FOR EMISSION INSPECTION <--
20 PROGRAM.
21 * * *
22 (J) PROGRAM FOR REPAIR OF CERTAIN VEHICLES.--THE PROVISIONS
23 OF SUBSECTION (A) SHALL NOT APPLY TO THE CREDIT FOR REPAIRING
24 POLLUTING VEHICLES PROGRAM WHICH THE DEPARTMENT OF ENVIRONMENTAL
25 PROTECTION MAY ESTABLISH. THE PROGRAM MAY PROVIDE THAT ANY
26 PERSON COULD MAKE REPAIRS TO OR REIMBURSE EXPENSES FOR REPAIRS
27 TO REGISTERED MOTOR VEHICLES WHICH HAVE BEEN IDENTIFIED AS
28 POLLUTING VEHICLES. UPON CERTIFICATION THAT THE VEHICLE IS NO
29 LONGER A POLLUTING VEHICLE, THE DEPARTMENT OF ENVIRONMENTAL
30 PROTECTION SHALL AWARD THE APPROPRIATE EMISSION CREDIT TO THE
19950S0578B1539 - 19 -
1 PERSON APPLYING FOR THE CREDIT IN ACCORDANCE WITH THE APPLICABLE
2 REQUIREMENTS OF THIS TITLE, THE ACT OF JANUARY 8, 1960 (1959
3 P.L.2119, NO.787), KNOWN AS THE AIR POLLUTION CONTROL ACT, AND
4 THE CLEAN AIR ACT (PUBLIC LAW 95-95, 42 U.S.C. § 7401 ET SEQ.).
5 § 4905. SAFETY REQUIREMENTS FOR TOWED VEHICLES. <--
6 * * *
7 (F) PENALTY FOR VIOLATION OF SUBSECTION (E).--
8 (1) A PERSON WHO OPERATES A COMMERCIAL MOTOR VEHICLE, AS
9 DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS), IN
10 VIOLATION OF SUBSECTION (E) COMMITS A SUMMARY OFFENSE AND
11 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $300
12 FOR EACH VIOLATION.
13 (2) A PERSON WHO OPERATES A MOTOR VEHICLE OTHER THAN A
14 COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SECTION 1603, IN
15 VIOLATION OF SUBSECTION (E) COMMITS A SUMMARY OFFENSE AND
16 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT
17 LESS THAN $50 NOR MORE THAN $100.
18 SECTION 4. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ: <--
19 § 1358. DARE PLATE.
20 THE DEPARTMENT, IN CONSULTATION WITH THE PENNSYLVANIA
21 COMMISSION ON CRIME AND DELINQUENCY, SHALL DESIGN A SPECIAL DRUG
22 ABUSE RESISTANCE EDUCATION (DARE) REGISTRATION PLATE WHICH
23 UTILIZES THE DARE LOGO OR SLOGAN IN THE DESIGN. UPON APPLICATION
24 OF ANY PERSON, ACCOMPANIED BY A FEE OF $35 WHICH SHALL BE IN
25 ADDITION TO THE ANNUAL REGISTRATION FEE, THE DEPARTMENT SHALL
26 ISSUE THE PLATE FOR A PASSENGER CAR, MOTOR HOME, TRAILER OR
27 TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF NOT MORE THAN 9,000
28 POUNDS. THE DRUG ABUSE RESISTANCE EDUCATION PROGRAM SHALL
29 RECEIVE $15 OF EACH ADDITIONAL FEE FOR THIS PLATE.
30 SECTION 5. THE DEFINITION OF "COMMERCIAL MOTOR VEHICLE" IN
19950S0578B1539 - 20 -
1 SECTION 1603 OF TITLE 75 IS AMENDED TO READ:
2 § 1603. DEFINITIONS.
3 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
4 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
5 CONTEXT CLEARLY INDICATES OTHERWISE:
6 * * *
7 "COMMERCIAL MOTOR VEHICLE." A MOTOR VEHICLE DESIGNED OR USED
8 TO TRANSPORT PASSENGERS OR PROPERTY:
9 (1) IF THE VEHICLE HAS A GROSS VEHICLE WEIGHT RATING OF
10 26,001 OR MORE POUNDS OR SUCH LESSER RATING AS THE DEPARTMENT
11 SHALL ADOPT UNDER THE PROVISIONS OF SECTION 6103(C) (RELATING
12 TO PROMULGATION OF RULES AND REGULATIONS BY DEPARTMENT), AS
13 DETERMINED BY FEDERAL REGULATION AND PUBLISHED BY THE
14 DEPARTMENT AS A NOTICE IN THE PENNSYLVANIA BULLETIN;
15 (2) IF THE VEHICLE IS DESIGNED TO TRANSPORT 16 OR MORE
16 PASSENGERS, INCLUDING THE DRIVER;
17 (3) IF THE VEHICLE IS A SCHOOL BUS; OR
18 (4) IF THE VEHICLE IS TRANSPORTING HAZARDOUS MATERIALS
19 AND IS REQUIRED TO BE PLACARDED IN ACCORDANCE WITH DEPARTMENT
20 REGULATIONS.
21 THE TERM DOES NOT INCLUDE AN ANTIQUE OR CLASSIC MOTOR VEHICLE,
22 OR AN IMPLEMENT OF HUSBANDRY, OR ANY MOTOR HOME OR RECREATIONAL
23 TRAILER OPERATED SOLELY FOR PERSONAL USE, OR MOTORIZED
24 CONSTRUCTION EQUIPMENT, INCLUDING, BUT NOT LIMITED TO,
25 MOTORSCRAPERS, BACKHOES, MOTORGRADERS, COMPACTORS, EXCAVATORS,
26 TRACTORS, TRENCHERS AND BULLDOZERS.
27 * * *
28 SECTION 12. SECTION 6117 OF TITLE 75 IS AMENDED TO READ: <--
29 § 6117. AUTHORITY OF QUALIFIED EMPLOYEES OF DEPARTMENT AND
30 DEPARTMENT OF REVENUE.
19950S0578B1539 - 21 -
1 EMPLOYEES OF THE DEPARTMENT, THE DEPARTMENT OF REVENUE AND
2 THE PENNSYLVANIA PUBLIC UTILITY COMMISSION WHO HAVE COMPLETED A
3 TRAINING PROGRAM APPROVED BY THE RESPECTIVE SECRETARIES OF BOTH
4 DEPARTMENTS SHALL BE AUTHORIZED TO INSTITUTE CRIMINAL
5 PROCEEDINGS BY CITATION UNDER THE PENNSYLVANIA RULES OF CRIMINAL
6 PROCEDURE FOR VIOLATIONS OF THE PROVISIONS OF CHAPTERS 13
7 (RELATING TO REGISTRATION OF VEHICLES), 21 (RELATING TO MOTOR
8 CARRIERS ROAD TAX IDENTIFICATION MARKERS)[,] AND 96 (RELATING TO
9 MOTOR CARRIERS ROAD TAX) [AND 98 (RELATING TO MOTORBUS ROAD
10 TAX)].
11 SECTION 13. THE INTRODUCTORY PARAGRAPH AND THE DEFINITIONS
12 OF "MOTOR CARRIER," "MOTOR VEHICLE" AND "OPERATIONS" IN SECTION
13 9602 OF TITLE 75 ARE AMENDED AND THE SECTION IS AMENDED BY
14 ADDING DEFINITIONS TO READ:
15 § 9602. DEFINITIONS.
16 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER AND
17 IN CHAPTER 21 (RELATING TO MOTOR CARRIERS ROAD TAX
18 IDENTIFICATION MARKERS) SHALL HAVE THE MEANINGS GIVEN TO THEM IN
19 THIS SECTION AND IN SECTION 2101.1 (RELATING TO DEFINITIONS)
20 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
21 * * *
22 "MOTOR CARRIER." EVERY PERSON WHO OPERATES OR CAUSES TO BE
23 OPERATED ANY QUALIFIED MOTOR VEHICLE ON ANY HIGHWAY IN THIS
24 COMMONWEALTH.
25 * * *
26 ["MOTOR VEHICLE." A MOTOR CARRIER VEHICLE.]
27 "OPERATIONS." OPERATIONS OF ALL QUALIFIED MOTOR VEHICLES,
28 WHETHER LOADED OR EMPTY, WHETHER OPERATED SINGLY OR IN
29 COMBINATION WITH TRAILERS OR SEMITRAILERS, WHETHER FOR
30 COMPENSATION OR NOT FOR COMPENSATION, AND WHETHER OWNED BY OR
19950S0578B1539 - 22 -
1 LEASED TO THE MOTOR CARRIER WHO OPERATES THEM OR CAUSES THEM TO
2 BE OPERATED.
3 "QUALIFIED MOTOR VEHICLE." AS DEFINED IN SECTION 2101.1
4 (RELATING TO DEFINITIONS).
5 "RECREATIONAL VEHICLE." VEHICLES SUCH AS MOTOR HOMES, PICKUP
6 TRUCKS WITH ATTACHED CAMPERS AND BUSES WHEN USED EXCLUSIVELY FOR
7 PERSONAL PLEASURE BY INDIVIDUALS. IN ORDER TO QUALIFY AS A
8 RECREATIONAL VEHICLE, THE VEHICLE SHALL NOT BE USED IN
9 CONNECTION WITH ANY BUSINESS ENDEAVOR.
10 * * *
11 SECTION 14. SECTIONS 9604, 9609, 9610 AND 9613 OF TITLE 75
12 ARE AMENDED TO READ:
13 § 9604. CREDIT FOR MOTOR FUEL TAX PAYMENT.
14 (A) GENERAL RULE.--EVERY MOTOR CARRIER SUBJECT TO THE TAX
15 IMPOSED UNDER THIS CHAPTER SHALL BE ENTITLED TO A CREDIT ON THE
16 TAX, EQUIVALENT TO THE RATE PER GALLON OF THE PENNSYLVANIA TAX
17 WHICH IS CURRENTLY IN EFFECT, ON ALL GASOLINE OR OTHER MOTOR
18 FUEL PURCHASED BY THE CARRIER WITHIN THIS COMMONWEALTH FOR USE
19 IN ITS OPERATION EITHER WITHIN OR WITHOUT THIS COMMONWEALTH AND
20 UPON WHICH GASOLINE OR OTHER MOTOR FUEL THE TAX IMPOSED BY THE
21 LAWS OF THIS COMMONWEALTH HAS BEEN PAID BY SUCH CARRIER.
22 EVIDENCE OF THE PAYMENT OF THE TAX IN SUCH FORM AS MAY BE
23 REQUIRED BY, OR IS SATISFACTORY TO, THE DEPARTMENT SHALL BE
24 FURNISHED BY EACH CARRIER CLAIMING THE CREDIT. WHEN THE AMOUNT
25 OF THE CREDIT TO WHICH ANY MOTOR CARRIER IS ENTITLED FOR ANY
26 QUARTER EXCEEDS THE AMOUNT OF THE TAX FOR WHICH THE CARRIER IS
27 LIABLE FOR THE SAME QUARTER, SUCH EXCESS SHALL, UPON APPLICATION
28 AND UNDER REGULATIONS OF THE DEPARTMENT, BE ALLOWED AS A CREDIT
29 ON THE TAX FOR WHICH THE CARRIER WOULD BE OTHERWISE LIABLE FOR
30 ANY OF THE [SIX] EIGHT SUCCEEDING QUARTERS; OR, UPON APPLICATION
19950S0578B1539 - 23 -
1 [WITH THE BOARD OF FINANCE AND REVENUE WITHIN ONE YEAR] TO THE
2 DEPARTMENT WITHIN THE TIME THAT RECORDS ARE REQUIRED TO BE
3 MAINTAINED FROM THE END OF ANY QUARTER, DULY VERIFIED AND
4 PRESENTED, IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
5 DEPARTMENT AND SUPPORTED BY SUCH EVIDENCE AS MAY BE SATISFACTORY
6 TO THE [BOARD] DEPARTMENT, SUCH EXCESS SHALL BE REFUNDED IF IT
7 SHALL APPEAR THAT THE APPLICANT HAS PAID TO ANOTHER STATE UNDER
8 A LAWFUL REQUIREMENT OF SUCH STATE A TAX, SIMILAR IN EFFECT TO
9 THE TAX PROVIDED IN THIS CHAPTER, ON THE USE OR CONSUMPTION IN
10 THAT STATE OF GASOLINE OR OTHER MOTOR FUEL PURCHASED IN THIS
11 COMMONWEALTH[, TO THE EXTENT OF SUCH PAYMENT TO THE OTHER STATE,
12 BUT IN NO CASE TO EXCEED THE RATE PER GALLON OF THE PENNSYLVANIA
13 FUELS TAX WHICH IS CURRENTLY IN EFFECT].
14 (B) REFUND PROCEDURE.--[THE BOARD OF FINANCE AND REVENUE
15 SHALL NOT ALLOW SUCH REFUND EXCEPT AFTER AN AUDIT BY THE
16 DEPARTMENT OF THE APPLICANT'S RECORDS, AND THE DEPARTMENT SHALL
17 AUDIT THE RECORDS OF AN APPLICANT AT LEAST ONCE A YEAR.] IF THE
18 [BOARD] DEPARTMENT SHALL REFUSE TO ALLOW A REFUND IN THE AMOUNT
19 CLAIMED BY THE APPLICANT, THE APPLICANT MAY WITHIN 30 DAYS OF
20 THE MAILING DATE OF THE NOTICE OF SUCH REFUSAL REQUEST A FORMAL
21 HEARING ON THE APPLICATION FOR A REFUND. THE HEARING SHALL BE
22 HELD [BY THE BOARD] AFTER WRITTEN NOTICE TO THE APPLICANT OF NOT
23 LESS THAN [TEN] 20 DAYS. WHENEVER ANY REFUND IS ORDERED, IT
24 SHALL BE PAID OUT OF THE MOTOR LICENSE FUND. AS MUCH OF THE
25 MONEYS RECEIVED AS PAYMENT OF THE TAX, INTEREST AND PENALTIES
26 UNDER THIS CHAPTER AS SHALL BE NECESSARY FOR THE PAYMENT OF THE
27 REFUNDS PROVIDED FOR IN THIS CHAPTER IS HEREBY APPROPRIATED FOR
28 THE PAYMENT OF SUCH REFUNDS. NO TAX, INTEREST, PENALTY OR FEE
29 RECEIVED OR DERIVED FROM ANY OTHER TAX IMPOSED BY THE LAWS OF
30 THIS COMMONWEALTH SHALL BE USED TO PAY ANY REFUND OR CREDIT DUE
19950S0578B1539 - 24 -
1 AND PAYABLE UNDER THE PROVISIONS OF THIS CHAPTER.
2 § 9609. AVERAGE CONSUMPTION.
3 IN THE ABSENCE OF ADEQUATE RECORDS OR OTHER EVIDENCE
4 SATISFACTORY TO THE DEPARTMENT SHOWING THE NUMBER OF MILES
5 OPERATED BY A MOTOR CARRIER'S QUALIFIED MOTOR VEHICLES PER
6 GALLON OF MOTOR FUEL, ANY SUCH QUALIFIED MOTOR VEHICLE SHALL BE
7 DEEMED TO HAVE CONSUMED ONE GALLON OF MOTOR FUEL FOR EACH FOUR
8 MILES OPERATED.
9 § 9610. RECORDS.
10 [(A) GENERAL RULE.--]EVERY MOTOR CARRIER SHALL KEEP SUCH
11 RECORDS, IN SUCH FORM AS THE DEPARTMENT REASONABLY MAY
12 PRESCRIBE, AS WILL ENABLE THE CARRIER TO REPORT AND ENABLE THE
13 DEPARTMENT TO DETERMINE THE TOTAL NUMBER OF [OVER-THE-ROAD]
14 MILES TRAVELED BY ITS ENTIRE FLEET OF QUALIFIED MOTOR VEHICLES,
15 THE TOTAL NUMBER OF [OVER-THE-ROAD] MILES TRAVELED IN THIS
16 COMMONWEALTH BY THE ENTIRE FLEET, THE TOTAL NUMBER OF GALLONS OF
17 MOTOR FUEL USED BY THE ENTIRE FLEET AND THE TOTAL NUMBER OF
18 GALLONS OF MOTOR FUEL PURCHASED IN THIS COMMONWEALTH FOR THE
19 ENTIRE FLEET. ALL SUCH RECORDS SHALL BE SAFELY PRESERVED FOR A
20 PERIOD OF [FIVE] FOUR YEARS IN SUCH MANNER AS TO INSURE THEIR
21 SECURITY AND AVAILABILITY FOR INSPECTION BY THE SECRETARY OR ANY
22 AUTHORIZED EMPLOYEE ENGAGED IN THE ADMINISTRATION OF THIS
23 CHAPTER. UPON APPLICATION IN WRITING, STATING THE REASONS
24 THEREFOR, THE DEPARTMENT MAY, IN ITS DISCRETION, CONSENT TO THE
25 DESTRUCTION OF ANY SUCH RECORDS AT ANY TIME WITHIN THAT PERIOD
26 IF THE RECORDS PERTAIN TO A PERIOD WHICH HAS BEEN AUDITED BY THE
27 DEPARTMENT. EVERY TAXPAYER SHALL RETAIN RECORDS REQUIRED BY THIS
28 CHAPTER AT A PLACE WITHIN THIS COMMONWEALTH, BUT A TAXPAYER WHO
29 ELECTS TO RETAIN RECORDS OUTSIDE OF THIS COMMONWEALTH SHALL
30 ASSUME REASONABLE OUT-OF-STATE AUDIT EXPENSES.
19950S0578B1539 - 25 -
1 [(B) DEFINITIONS.--AS USED IN THIS SECTION AND IN SECTION
2 9607 (RELATING TO CALCULATION OF AMOUNT OF FUEL USED IN
3 COMMONWEALTH), THE TERMS "ENTIRE FLEET" AND "ENTIRE OPERATIONS"
4 MEAN THOSE MOTOR VEHICLES WHICH USE THE HIGHWAYS OF THIS
5 COMMONWEALTH AT ANY TIME DURING THE PERIOD COVERED BY THE
6 QUARTERLY REPORT AND THE OPERATIONS OF SUCH VEHICLES
7 RESPECTIVELY.]
8 § 9613. PENALTY AND INTEREST FOR FAILURE TO REPORT OR PAY TAX.
9 WHEN ANY MOTOR CARRIER FAILS TO FILE A REPORT AND PAY THE TAX
10 WITHIN THE TIME PRESCRIBED BY THIS CHAPTER FOR THE FILING AND
11 PAYMENT THEREOF, HE SHALL PAY AS A PENALTY [$25] FOR EACH
12 FAILURE TO FILE OR TO PAY ON OR BEFORE THE PRESCRIBED DATE A SUM
13 EQUIVALENT TO 10% OF THE TAX OR $50, WHICHEVER IS GREATER. IN
14 ADDITION TO THIS PENALTY, ANY UNPAID TAX SHALL BEAR INTEREST AT
15 THE RATE OF 1% PER MONTH OR FRACTION THEREOF UNTIL THE TAX IS
16 PAID. THE PENALTIES AND INTEREST CHARGES IMPOSED SHALL BE PAID
17 TO THE DEPARTMENT IN ADDITION TO THE TAX DUE.
18 SECTION 15. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
19 § 9615.1. EXAMINATION OF RECORDS.
20 THE DEPARTMENT OR ANY AGENT APPOINTED BY IT, INCLUDING THE
21 AUDITORS OF ANY MEMBER JURISDICTION AS PROVIDED IN THE IFTA, MAY
22 EXAMINE BOOKS AND RECORDS AND MAKE DETERMINATIONS OF ANY TAX DUE
23 IN ACCORDANCE WITH THE PROVISIONS OF SECTION 2915-A OF THE ACT
24 OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF
25 1971.
26 SECTION 16. SECTION 9622 OF TITLE 75 IS AMENDED TO READ:
27 § 9622. RECIPROCAL AGREEMENTS.
28 (A) GENERAL RULE.--THE SECRETARY OF REVENUE [AND SECRETARY
29 OF TRANSPORTATION] MAY [JOINTLY] ENTER INTO, MODIFY OR TERMINATE
30 AGREEMENTS WITH OTHER STATES RELATING TO THE COLLECTION OF MOTOR
19950S0578B1539 - 26 -
1 CARRIERS ROAD TAXES, SUCH AS THE INTERNATIONAL FUEL TAX
2 AGREEMENT, REGIONAL FUEL TAX AGREEMENT OR SIMILAR AGREEMENTS.
3 (B) PROVISIONS.--SUCH AGREEMENTS MAY PROVIDE FOR THE
4 COOPERATION AND ASSISTANCE AMONG MEMBER STATES IN THE
5 ADMINISTRATION, COLLECTION AND ENFORCEMENT OF THE MOTOR CARRIERS
6 ROAD TAX AND SIMILAR TAXES OF OTHER STATES AND MAY INCLUDE, BUT
7 NOT BE LIMITED TO:
8 (1) BASE-STATE JURISDICTION OVER TAX REPORTING,
9 LICENSING AND COLLECTIONS.
10 (2) AUDITING OF MOTOR CARRIERS ON A JOINT OR COOPERATIVE
11 BASIS.
12 (3) PROVISIONS FOR THE TRANSFER OF FUNDS COLLECTED TO
13 OTHER JURISDICTIONS AS REQUIRED BY THE AGREEMENT.
14 (4) ASSESSMENT AND COLLECTION BY THE BASE STATE OF TAX,
15 PENALTIES AND INTEREST OWED TO OTHER MEMBER JURISDICTIONS.
16 (5) THE EXCHANGE OF INFORMATION AMONG MEMBER
17 JURISDICTIONS AND WITH ANY REPOSITORY OF THE AGREEMENT.
18 (6) ENFORCEMENT OF SANCTIONS AGAINST ANY CARRIER WHOSE
19 LICENSE HAS BEEN REVOKED BY ANY MEMBER JURISDICTION.
20 (7) FILING OF BONDS TO PROTECT THE INTERESTS OF MEMBER
21 JURISDICTIONS.
22 (8) SUSPENSION OR REVOCATION OF THE LICENSE OF A MOTOR
23 CARRIER FOR FAILURE TO COMPLY WITH ALL APPLICABLE PROVISIONS
24 OF THE AGREEMENT.
25 (9) ISSUANCE OF REFUNDS OR CREDITS.
26 (10) SUCH OTHER PROVISIONS AS WILL FACILITATE THE
27 ADMINISTRATION OF THE AGREEMENT.
28 (C) EXCHANGE OF INFORMATION.--NOTWITHSTANDING SECTION 731 OF
29 THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE FISCAL
30 CODE, ANY INFORMATION RELATING TO TAXES COLLECTED PURSUANT TO
19950S0578B1539 - 27 -
1 ANY AGREEMENT AUTHORIZED BY THIS SECTION, INCLUDING ANY
2 INFORMATION CONCERNING MOTOR FUEL TAXES RELATING TO SUCH TAXES
3 COLLECTED, MAY BE EXCHANGED OR SHARED WITH ANY AGENCY,
4 DEPARTMENT OR INSTRUMENTALITY OF ANY MEMBER JURISDICTION WITH
5 AUTHORITY UNDER THE LAWS OF THAT JURISDICTION TO ADMINISTER OR
6 ENFORCE MOTOR VEHICLE OR TAXATION LAWS OR WITH ANY
7 INSTRUMENTALITY OR REPOSITORY OF ANY AGREEMENT.
8 (D) UNIFORM PENALTIES AND INTEREST.--SUCH AGREEMENT MAY
9 SPECIFY UNIFORM PROVISIONS RELATING TO PENALTIES AND INTEREST
10 FOR LATE REPORTING OR PAYMENT, APPEAL PERIODS AND OTHER MATTERS
11 RELATING TO ADMINISTRATION AND PROCEDURE UNDER THE AGREEMENT,
12 AND THE UNIFORM PROVISIONS MAY BE ADOPTED NOTWITHSTANDING ANY
13 LAW TO THE CONTRARY UPON A FINDING BY THE SECRETARY THAT
14 ADOPTION OF THESE UNIFORM PROVISIONS IS NECESSARY FOR COMPLIANCE
15 WITH ANY FEDERAL MANDATES PERTAINING TO THE COLLECTION OF ROAD
16 USE TAXES OR REASONABLY NECESSARY TO FACILITATE UNIFORMITY,
17 HOWEVER, THE RATE OF MOTOR CARRIERS ROAD TAX AND THE DEFINITION
18 OF A "QUALIFIED MOTOR VEHICLE" SUBJECT TO TAX MAY NOT BE
19 AFFECTED BY ANY SUCH AGREEMENT OR AMENDMENT THERETO.
20 (E) APPROPRIATION.--SO MUCH OF THE FUNDS COLLECTED PURSUANT
21 TO ANY SUCH AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY TAXES,
22 FEES, PENALTIES OR INTEREST IMPOSED BY THIS CHAPTER, AS SHALL BE
23 NECESSARY FOR THE PAYMENT OF REFUNDS UNDER THIS CHAPTER OR ANY
24 SUCH AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY AMOUNTS
25 REQUIRED TO BE PAID TO OTHER STATES PURSUANT TO SUCH AGREEMENT,
26 ARE HEREBY APPROPRIATED TO THE DEPARTMENT OF REVENUE FOR SUCH
27 PURPOSES.
28 (F) FOREIGN COUNTRIES.--FOR PURPOSES OF THIS SECTION, THE
29 WORDS "STATE" AND "JURISDICTION" SHALL INCLUDE A FOREIGN COUNTRY
30 AND ANY STATE, PROVINCE OR OTHER SIMILAR SUBDIVISION THEREOF.
19950S0578B1539 - 28 -
1 SECTION 17. CHAPTER 98 OF TITLE 75 IS REPEALED.
2 SECTION 18. THE SUM OF $300,000, OR AS MUCH THEREOF AS MAY
3 BE NECESSARY, IS HEREBY APPROPRIATED FROM THE GENERAL FUND TO
4 THE DEPARTMENT OF TRANSPORTATION FOR THE FISCAL YEAR JULY 1,
5 1995, TO JUNE 30, 1996, TO ADMINISTER THE ORGAN DONATION
6 AWARENESS TRUST FUND ESTABLISHED UNDER 20 PA.C.S. § 8621.
7 Section 2 6 19. Section 7 of the act of December 16, 1992 <--
8 (P.L.1250, No.166), entitled "An act amending Title 75
9 (Vehicles) of the Pennsylvania Consolidated Statutes, providing
10 for the implementation and administration of an enhanced vehicle
11 emission inspection program; further providing for
12 administrative duties of the Department of Transportation for
13 certain services and the Department of Environmental Resources;
14 providing for an alternative fuels grant program; establishing
15 the Alternative Fuels Incentive Grant Fund; and making an
16 appropriation," is repealed.
17 Section 3 7. This act shall take effect in 60 120 days. <--
18 SECTION 20. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
19 (1) THE AMENDMENT OR ADDITION OF 75 PA.C.S. CH. 11
20 SUBCH. C AND §§ 1358, 1905(D) AND 9622 SHALL TAKE EFFECT
21 IMMEDIATELY.
22 (2) THE AMENDMENT OR ADDITION OF 75 PA.C.S. §§ 102,
23 1307(E), 1340, 1358, 1603, 1923 AND 4702 SHALL TAKE EFFECT IN
24 120 DAYS.
25 (3) THE AMENDMENT OF 75 PA.C.S. § 1111 SHALL TAKE EFFECT
26 UPON PUBLICATION OF A NOTICE TO THAT EFFECT IN THE
27 PENNSYLVANIA BULLETIN.
28 (4) THE REPEAL OF 75 PA.C.S. CH. 98 SHALL TAKE EFFECT
29 JANUARY 1, 1996.
30 (5) SECTION 19 OF THIS ACT SHALL TAKE EFFECT IN 120
19950S0578B1539 - 29 -
1 DAYS.
2 (6) THE AMENDMENT OR ADDITION OF 75 PA.C.S. §§ 1905(C),
3 2101, 2101.1, 2102, 2104, 2105, 6117, 9602, 9604, 9609, 9610,
4 9613 AND 9615.1 SHALL TAKE EFFECT JANUARY 1, 1996.
5 (7) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
6 (8) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 120
7 DAYS.
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