THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY REED, BOYD, COHEN, DONATUCCI, J. EVANS, EVERETT, GEIST, GINGRICH, HALUSKA, JOSEPHS, MARSHALL, MILLER, PASHINSKI, PYLE, REICHLEY, S. H. SMITH, SONNEY, VEREB AND VULAKOVICH, MARCH 15, 2011

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 15, 2011  

AN ACT

Amending the act of December 22, 1983 (P.L.306, No.84), entitled

"An act providing for the State Board of Vehicle

Manufacturers, Dealers and Salespersons; and providing

penalties," further providing for definitions, for licensure

and for State Board of Vehicle Manufacturers, Dealers and

Salespersons.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "dealer" and "vehicle" in

section 2 of the act of December 22, 1983 (P.L.306, No.84),

known as the Board of Vehicles Act, amended April 19, 1996

(P.L.104, No.27), are amended and the section is amended by

adding definitions to read:

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Dealer."  A person required to be licensed under this act

who is engaged in the business of buying, selling or exchanging

new or used vehicles or an interest in new or used vehicles,

regardless of whether the vehicles are owned by that person. The

term includes persons engaged in consignment sales for a seller,

but does not include a person issued an identification number by

the Department of Transportation, unless the board has also

issued a dealer license to the person. Vehicle dealers shall be

classified as one or more of the following:

(1)  A new vehicle dealer, who is a person engaged in the

business of buying, selling or exchanging new and used

vehicles, trailers or semitrailers for commission,

compensation or other consideration, who holds a franchise

with a manufacturer or distributor, giving the dealer selling

rights for that particular line-make of new vehicles,

trailers or semitrailers, or who is a distributor of new

vehicles, trailers or semitrailers who holds a franchise with

a manufacturer or distributor of vehicles, trailers and

semitrailers.

(2)  A used vehicle dealer, who is a person engaged in

the business of buying, selling or exchanging used vehicles,

trailers or semitrailers for commission, compensation or

other consideration. The term includes fleet owners who

engage directly in the retail sale of its fleet vehicles.

(3)  A new manufactured housing dealer, who is a person

engaged in the business of selling new manufactured housing

and buying, selling or exchanging used manufactured housing

or mobile homes for commission, compensation or other

consideration and who holds a franchise with a manufacturer

or distributor giving the dealer selling rights for a

particular line-make of new manufactured housing.

(4)  A used manufactured housing or mobile home dealer,

who is a person engaged in the business of buying, selling or

exchanging used manufactured housing or mobile homes for

commission, compensation or other consideration.

(5)  A new recreational vehicle dealer, who is a person

engaged in the business of buying, selling or exchanging new

and used recreational vehicles for commission, compensation

or other consideration and who holds a franchise with a

manufacturer or distributor giving the dealer selling rights

for a particular line of new recreational vehicles.

(6)  A used recreational vehicle dealer, who is a person

engaged in the business of buying, selling or exchanging used

recreational vehicles for commission, compensation or other

consideration.

(7)  A mobility vehicle dealer.

* * *

"Mobility vehicle."  A vehicle that:

(1)  Is designed and equipped to transport a person with

a disability.

(2)  Contains a lowered floor or lowered frame or a

raised roof and raised door.

(3)  Contains one of the following:

(i)  an electronic or mechanical wheelchair, scooter

or platform lift that enables a person to enter or exit

the vehicle while occupying a wheelchair or scooter;

(ii)  an electronic or mechanical wheelchair ramp; or

(iii)  a system to secure a wheelchair or scooter to

allow for a person to be safely transported while

occupying the wheelchair or scooter that is installed as

an integral part or permanent attachment to the vehicle

chassis.

"Mobility vehicle dealer."  A person engaged in the business

of buying, selling or exchanging mobility vehicles for

commission, compensation or other consideration.

* * *

"Vehicle."  Every device which is or may be moved or drawn

upon a highway, except devices which are infrequently operated

or moved upon a highway but are designed primarily for use in

construction or agriculture or road maintenance, devices moved

by human or animal power, devices used exclusively upon rails or

tracks, [and] motorized pedalcycles and mobility vehicles.

* * *

Section 2.  Section 3(a) of the act, amended April 19, 1996

(P.L.104, No.27), is amended to read:

Section 3.  State Board of Vehicle Manufacturers, Dealers and

Salespersons.

(a)  Board.--The State Board of Vehicle Manufacturers,

Dealers and Salespersons shall consist of 17 members, one of

whom shall be the Commissioner of Professional and Occupational

Affairs, or his designee, one of whom shall be the Secretary of

the Department of Transportation, or his designee, one of whom

shall be the Director of Consumer Protection in the Office of

Attorney General, or his designee, and the remaining 14 of whom

shall be appointed by the Governor as follows:

(1)  Three members shall be new vehicle dealers who have

been actively engaged as such for a period of five years

immediately preceding their appointment.

(2)  Three members shall be used vehicle dealers who have

been actively engaged as such for a period of five years

immediately preceding their appointment. One used vehicle

dealer member beginning with the first vacancy for a used

vehicle dealer after the effective date of this amendment

shall also be an owner, partner or officer of a corporation

or business which is licensed as a vehicle auction and which

has been actively engaged as such for a period of five years

immediately preceding the appointment.

(3)  One shall be a manufactured housing or mobile home

dealer who has been actively engaged as such for a period of

five years immediately preceding appointment.

(4)  One shall be a salesperson who has been actively

engaged in the sale of new or used vehicles for a period of

five years immediately preceding appointment. The member

shall not be a dealer or an officer of a corporation or a

member of a partnership engaged in the business of a dealer

at the time of appointment.

(5)  One shall be a recreational vehicle dealer who has

been actively engaged as such for a period of five years

immediately preceding appointment.

(6)  One shall be a motorcycle dealer who has been

actively engaged as such for a period of five years

immediately preceding appointment.

(6.1)  One member shall be a mobility vehicle dealer who

has been actively engaged as such for a period of five years

immediately preceding appointment.

(7)  [Four] Three shall be members of the general public

having no connection with the vehicle business.

* * *

Section 3.  Section 5 of the act is amended by adding a

subsection to read:

Section 5.  License to engage in business.

* * *

(g.1)  Mobility vehicle dealers.--

(1)  A licensed dealer classified as a mobility vehicle

dealer may do all of the following:

(i)  Display, inventory, advertise, solicit,

demonstrate, sell, offer for sale or deliver new and used

mobility vehicles.

(ii)  Arrange, negotiate and assist a customer

regarding the purchase of a mobility vehicle.

(iii)  Sell and install equipment and accessories in,

and provide services for, mobility vehicles, in order to

meet the needs of persons with disabilities as drivers or

passengers.

(iv)  Provide maintenance and repair services for

mobility vehicles.

(v)  Acquire a new vehicle with a lowered floor or

frame or a raised roof and door in order to fit or equip

the vehicle for retail sale as a new mobility vehicle.

(2)  A licensed dealer that is classified only as a

mobility vehicle dealer may not offer for sale or sell

vehicles which are not mobility vehicles.

* * *

Section 4.  This act shall take effect in 60 days.