PRINTER'S NO. 327
No. 290 Session of 2007
INTRODUCED BY FERLO, STOUT, WASHINGTON, KITCHEN, RAFFERTY,
TARTAGLIONE, O'PAKE, LAVALLE, BROWNE AND STACK, MARCH 9, 2007
REFERRED TO TRANSPORTATION, MARCH 9, 2007
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of
2 the Pennsylvania Consolidated Statutes, providing for the
3 offense of theft of motor vehicle certificate of inspection;
4 further providing for operation of vehicle without official
5 certificate of inspection; and adding provisions relating to
6 theft of certificate of inspection.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Title 18 of the Pennsylvania Consolidated
10 Statutes is amended by adding a section to read:
11 § 3935. Theft of motor vehicle certificate of inspection.
12 (a) Offense defined.--A person commits the offense of theft
13 of a motor vehicle certificate of inspection if he unlawfully
14 takes or attempts to take possession of, carries away or
15 exercises unlawful control over any certificate of inspection
16 issued to the owner of a motor vehicle pursuant to 75 Pa.C.S.
17 Ch. 47 (relating to inspection of vehicles), with the intent to
18 deprive the owner thereof.
19 (b) Grading.--An offense under this section is a summary
20 offense punishable by a fine of not less than $500.
1 Section 2. Section 4703(b) of Title 75 is amended by adding
2 a paragraph to read:
3 § 4703. Operation of vehicle without official certificate of
4 inspection.
5 * * *
6 (b) Exceptions.--Subsection (a) does not apply to:
7 * * *
8 (14) A vehicle operating pursuant to section 4711
9 (relating to theft of certificate of inspection).
10 * * *
11 Section 3. Title 75 is amended by adding a section to read:
12 § 4711. Theft of certificate of inspection.
13 (a) Reporting and investigation.--
14 (1) Immediately upon discovering, or being notified of,
15 the theft of a certificate of inspection, the owner of the
16 vehicle or mass transit vehicle shall give notice to the
17 nearest office of an authorized police department.
18 (2) Every theft reported to a police department under
19 this section shall be investigated by a police officer.
20 Within 72 hours of initiating an investigation, a police
21 officer shall verify that a valid certificate of inspection
22 was issued for the vehicle in question in the manner
23 prescribed in section 4731 (relating to records of
24 inspections and certificates issued) and, if such a
25 verification is made, shall provide the owner of the vehicle
26 or mass transit vehicle a signed certificate of inspection
27 theft report.
28 (3) A police department that investigates a theft
29 reported under subsection (b) shall forward the report
30 provided to the owner under paragraph (2) to the department
20070S0290B0327 - 2 -
1 within 15 days.
2 (b) Operation of vehicle.--A vehicle or mass transit vehicle
3 for which a certificate of inspection has been stolen may be
4 driven for up to five days immediately following the date of
5 receipt of the theft report under subsection (a)(2), provided
6 that the operator of the vehicle possesses a copy of the theft
7 report when operating the vehicle or mass transit vehicle.
8 (c) Replacement of certificate of inspection.--Within the
9 five-day period authorized under subsection (b), an official
10 inspection station may affix to the vehicle or mass transit
11 vehicle another certificate of inspection for the same
12 inspection period without reinspecting the vehicle or mass
13 transit vehicle. A fee of no more than $2 plus the fee paid to
14 the department may be charged for exchanging the certificate of
15 inspection.
16 (d) Certificate of inspection theft report forms.--
17 (1) The department shall prepare and supply to all law
18 enforcement agencies and other appropriate agencies or
19 individuals forms for reporting certificate of inspection
20 theft as required in this section. The written report forms
21 shall call for sufficiently detailed information identifying,
22 at a minimum, the owner of the vehicle, all relevant
23 information relating to the vehicle and the name and address
24 of the official inspection station where the driver received
25 the certificate of inspection which is the subject of the
26 report.
27 (2) Every certificate of inspection theft report shall
28 be made on the appropriate form approved by the department
29 and shall contain all the information required therein unless
30 not available.
20070S0290B0327 - 3 -
1 (e) Penalty.--Any person who gives information in oral or
2 written reports required by this section knowing or having
3 reason to believe that the information is false commits a
4 summary offense and shall, upon conviction, be sentenced to pay
5 a fine of $200.
6 Section 4. This act shall take effect in 60 days.
L5L18JS/20070S0290B0327 - 4 -