SENATE AMENDED
PRIOR PRINTER'S NOS. 528, 2063, 2112 PRINTER'S NO. 2272
No. 489 Session of 2005
INTRODUCED BY R. STEVENSON, ARMSTRONG, BAKER, BALDWIN, BARRAR,
BEBKO-JONES, BELARDI, BENNINGHOFF, BOYD, CALTAGIRONE,
CAPPELLI, CAUSER, CRAHALLA, CREIGHTON, DALLY, DeWEESE, ELLIS,
J. EVANS, FAIRCHILD, FICHTER, FLICK, GEIST, GINGRICH, GOOD,
GOODMAN, GRUCELA, HARHAI, HARHART, HERMAN, W. KELLER,
KILLION, LEDERER, LEH, MANN, MARKOSEK, MARSICO, METCALFE,
NAILOR, PAYNE, PHILLIPS, PICKETT, PYLE, READSHAW, SAINATO,
SCHRODER, B. SMITH, STABACK, SURRA, E. Z. TAYLOR, THOMAS,
TIGUE, WATSON, WILT, WOJNAROSKI, ZUG, SHANER, FABRIZIO,
O'NEILL, YOUNGBLOOD, McILHINNEY, TURZAI, HARPER AND
DENLINGER, FEBRUARY 14, 2005
SENATOR MADIGAN, TRANSPORTATION, IN SENATE, AS AMENDED,
JUNE 21, 2005
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, FURTHER PROVIDING FOR APPLICATION FOR CERTIFICATE <--
3 OF TITLE, FOR TRANSFER OF OWNERSHIP OF VEHICLE AND FOR
4 APPLICATION FOR CERTIFICATE OF TITLE BY AGENT; providing for
5 certain veterans plates; and further providing for permit for
6 movement of containerized cargo.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Title 75 of the Pennsylvania Consolidated <--
10 Statutes is amended by adding sections to read:
11 SECTION 1. SECTIONS 1103.1(G.1), 1111(A) AND 1119(A) AND (B) <--
12 OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE
13 AMENDED TO READ:
14 § 1103.1. APPLICATION FOR CERTIFICATE OF TITLE.
1 * * *
2 (G.1) VERIFICATION.--IN LIEU OF NOTARIZATION OF ANY DOCUMENT
3 REQUIRED TO BE SUBMITTED WITH THE APPLICATION FOR CERTIFICATE OF
4 TITLE, THE DEPARTMENT SHALL ACCEPT THE VERIFICATION OF A
5 PERSON'S SIGNATURE BY A WHOLESALE VEHICLE AUCTION LICENSED BY
6 THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND
7 SALESPERSONS OR ITS EMPLOYEE, OR AN ISSUING AGENT[,] WHO IS
8 LICENSED AS A VEHICLE DEALER BY THE STATE BOARD OF VEHICLE
9 MANUFACTURERS, DEALERS AND SALESPERSONS, OR ITS EMPLOYEE. THE
10 [ISSUING AGENT'S] NAME AND IDENTIFICATION NUMBER AND THE
11 SIGNATURE OF THE ISSUING AGENT OR [ITS] WHOLESALE VEHICLE
12 AUCTION OR RESPECTIVE EMPLOYEE SHALL BE WRITTEN IN THE SPACE
13 RESERVED FOR A NOTARIZATION OR VERIFICATION. IF AN ISSUING AGENT
14 OR [ITS] WHOLESALE VEHICLE AUCTION OR RESPECTIVE EMPLOYEE
15 FALSELY VERIFIES A PERSON'S SIGNATURE, THE DEPARTMENT SHALL
16 SUSPEND THE ISSUING AGENT'S OR WHOLESALE VEHICLE AUCTION'S
17 AUTHORITY TO ISSUE TEMPORARY REGISTRATION PLATES AND CARDS FOR
18 NOT LESS THAN 30 DAYS. WHEN VERIFICATION IS USED IN LIEU OF
19 NOTARIZATION, THE ISSUING AGENT OR ITS EMPLOYEE SHALL VERIFY A
20 PERSON'S IDENTITY BY USING AT LEAST ONE FORM OF GOVERNMENT-
21 ISSUED PHOTO IDENTIFICATION. A COPY OF THE FORM OF
22 IDENTIFICATION USED SHALL BE MAINTAINED BY THE ISSUING AGENT FOR
23 A PERIOD OF THREE YEARS FROM THE DATE OF THE VERIFICATION.
24 * * *
25 § 1111. TRANSFER OF OWNERSHIP OF VEHICLE.
26 (A) DUTY OF TRANSFEROR.--IN THE EVENT OF THE SALE OR
27 TRANSFER OF THE OWNERSHIP OF A VEHICLE WITHIN THIS COMMONWEALTH,
28 THE OWNER SHALL EXECUTE AN ASSIGNMENT AND WARRANTY OF TITLE TO
29 THE TRANSFEREE IN THE SPACE PROVIDED ON THE CERTIFICATE OR AS
30 THE DEPARTMENT PRESCRIBES, SWORN TO BEFORE A NOTARY PUBLIC OR
20050H0489B2272 - 2 -
1 OTHER OFFICER EMPOWERED TO ADMINISTER OATHS OR VERIFIED BY A
2 WHOLESALE VEHICLE AUCTION LICENSED BY THE STATE BOARD OF VEHICLE
3 MANUFACTURERS, DEALERS AND SALESPERSONS, OR ITS EMPLOYEE, OR AN
4 ISSUING AGENT[,] WHO IS LICENSED AS A VEHICLE DEALER BY THE
5 STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS,
6 OR ITS EMPLOYEE, AND DELIVER THE CERTIFICATE TO THE TRANSFEREE
7 AT THE TIME OF THE DELIVERY OF THE VEHICLE.
8 * * *
9 § 1119. APPLICATION FOR CERTIFICATE OF TITLE BY AGENT.
10 (A) AUTHORIZATION TO MAKE APPLICATION.--
11 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), NO PERSON SHALL
12 MAKE APPLICATION FOR A CERTIFICATE OF TITLE WHEN ACTING FOR
13 ANOTHER PERSON UNLESS AUTHORIZATION TO MAKE THE APPLICATION
14 IS IN EFFECT AND IS VERIFIED BY OATH OR AFFIRMATION OF THE
15 OTHER PERSON, MADE NOT MORE THAN 90 DAYS BEFORE THE
16 APPLICATION IS RECEIVED BY THE DEPARTMENT.
17 (2) THE 90-DAY PROVISION CONTAINED IN PARAGRAPH (1)
18 SHALL NOT APPLY TO:
19 (I) FLEET OWNERS WHO ARE LESSEES OF VEHICLES.
20 (II) A WHOLESALE VEHICLE AUCTION LICENSED PURSUANT
21 TO THE ACT OF DECEMBER 22, 1983 (P.L.306, NO.84), KNOWN
22 AS THE BOARD OF VEHICLES ACT.
23 (III) BLANKET POWERS OF ATTORNEY ISSUED FOR GENERAL
24 PURPOSES NOT LIMITED TO THE SALE, PURCHASE OR TRANSFER OF
25 VEHICLES.
26 (B) CERTIFICATE NOT TO BE ASSIGNED IN BLANK.--NO PERSON
27 SHALL MAKE APPLICATION FOR, OR ASSIGN OR PHYSICALLY POSSESS, A
28 CERTIFICATE OF TITLE, OR DIRECT OR ALLOW ANOTHER PERSON IN HIS
29 EMPLOY OR CONTROL TO MAKE APPLICATION FOR, OR ASSIGN OR
30 PHYSICALLY POSSESS, A CERTIFICATE OF TITLE, UNLESS THE NAME OF
20050H0489B2272 - 3 -
1 THE TRANSFEREE IS PLACED ON THE ASSIGNMENT OF CERTIFICATE OF
2 TITLE SIMULTANEOUSLY WITH THE NAME OF THE TRANSFEROR AND DULY
3 NOTARIZED. WHOLESALE VEHICLE AUCTIONS AND VEHICLE DEALERS
4 LICENSED PURSUANT TO THE BOARD OF VEHICLES ACT ARE EXEMPT FROM
5 THE LIMITATIONS OF THIS SUBSECTION WITH RESPECT TO CERTIFICATES
6 OF TITLE FOR VEHICLES THAT ARE ENTRUSTED TO THE LICENSED
7 WHOLESALE VEHICLE AUCTION FOR SALE OR TRANSFER.
8 * * *
9 SECTION 2. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:
10 § 1362. Operation Iraqi Freedom veterans plate.
11 Upon application of any person who is a veteran of the
12 liberation or occupation of Iraq, accompanied by a fee of $20,
13 which shall be in addition to the annual registration fee and by
14 documentation as the department shall require, the department
15 shall issue to the person a special registration plate
16 designating the vehicle so licensed as belonging to a person who
17 is a veteran of Operation Iraqi Freedom.
18 § 1363. Operation Enduring Freedom veterans plate.
19 Upon application of any person who is a veteran of the
20 liberation or occupation of Afghanistan, accompanied by a fee of
21 $20, which shall be in addition to the annual registration fee
22 and by documentation as the department shall require, the
23 department shall issue to the person a special registration
24 plate designating the vehicle so licensed as belonging to a
25 person who is a veteran of Operation Enduring Freedom.
26 § 1364. Special plates for veterans.
27 Upon application of any person who is an honorably discharged
28 veteran of the armed forces of the United States, or a reserve
29 component of the armed forces as defined in 51 Pa.C.S. § 7301
30 (relating to definitions), accompanied by a fee of $20 which
20050H0489B2272 - 4 -
1 shall be in addition to the annual registration fee and by such
2 documentation as the department shall require, the department
3 shall issue to the person a special registration plate
4 designating the vehicle as belonging to a person who is a
5 veteran of the armed forces of the United States.
6 Section 2 3. Section 4974 of Title 75 is amended to read: <--
7 § 4974. Permit for movement of containerized cargo.
8 (a) General rule.--An annual permit may be issued
9 authorizing the movement on highways of containerized cargo
10 which exceeds the maximum vehicle gross or maximum axle weights
11 specified in Subchapter C (relating to maximum weights of
12 vehicles). [The] Except as set forth in subsection (b), the
13 weight of any combination permitted under this section shall not
14 exceed 90,000 pounds overall gross weight and 21,000 pounds on
15 any axle. A brake retarder is not required on a combination
16 permitted under this section while the combination is operated
17 within the counties [which comprise the district of a port of a
18 city of the first class.] of Bucks, Chester, Delaware,
19 Montgomery and Philadelphia. A vehicle operating under a permit
20 authorized under this section may be driven 24 hours a day,
21 seven days a week, except on holidays and in inclement weather.
22 (b) Refrigerated meat products.--An annual permit may be
23 issued authorizing the movement on specified highways of
24 containerized cargo consisting of refrigerated meat products
25 which exceeds the maximum vehicle gross weight or maximum axle
26 weights specified in Subchapter C, subject to the following
27 conditions:
28 (1) The vehicle must be a six-axle combination - three-
29 axle truck tractor.
30 (2) Gross vehicular weight must not exceed 107,500
20050H0489B2272 - 5 -
1 pounds.
2 (3) Maximum weight on any axle must not exceed 21,000
3 pounds.
4 (4) Specified highways and routes may only be permitted
5 in the counties of Bucks, Chester, Delaware, Montgomery and
6 Philadelphia.
7 (5) Travel is authorized 24 hours a day, seven days a
8 week, except on holidays and in inclement weather.
9 Section 3 4. This act shall take effect in 60 days. <--
A21L75BIL/20050H0489B2272 - 6 -