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PRINTER'S NO. 260
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
353
Session of
2015
INTRODUCED BY VOGEL, EICHELBERGER, YUDICHAK, YAW, SCARNATI,
TARTAGLIONE, STEFANO, WHITE, WARD AND BROOKS,
JANUARY 28, 2015
REFERRED TO TRANSPORTATION, JANUARY 28, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in inspection of vehicles, further providing for
requirement for periodic inspection of vehicles and for
prohibition on expenditures for emission inspection program;
and requiring the Department of Transportation to notify the
United States Environmental Protection Agency of
modifications to the vehicle emission program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4702(f) and (g) of Title 75 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
§ 4702. Requirement for periodic inspection of vehicles.
* * *
(f) Emission inspection.--Subject vehicles operated in this
Commonwealth [must be emission] shall be:
(1) Emission inspected as provided in section 4706
(relating to prohibition on expenditures for emission
inspection program).
(2) Subject to biennial testing, unless exempted from
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the requirements for emission inspection.
(g) Exceptions.--The following are exceptions to subsection
(f):
(1) Emission inspection criteria for [registration of]
newer subject vehicles [with new registration plates].--A
subject vehicle [never before registered in this Commonwealth
or any other jurisdiction having less than 5,000 miles on its
odometer and for which an annual or temporary registration
plate was originally issued within the past 12 months shall
be exempt from emission inspection for one year from the date
of original registration.] shall be exempt from emission
inspection until five years after the model year. A
certificate of exemption shall be affixed to the subject
vehicle in a manner prescribed by department regulations. The
expiration date of the exemption shall be determined when the
certificate of exemption is issued based upon the month the
registration expires and five years after the model year. No
subject vehicle shall be exempt for a period of greater than
60 months under this paragraph.
(2) Emission inspection criteria for [new vehicles with
transferred registration plates.--A subject vehicle never
before registered in this Commonwealth or any other
jurisdiction having less than 5,000 miles on its odometer and
bearing a registration plate which has been transferred from
another vehicle shall be required to pass an emission
inspection prior to the next registration renewal, but not
within nine months of the date of purchase of the subject
vehicle.] previously exempted vehicles.--A certificate of
exemption previously issued under paragraph (1) shall remain
valid for the period originally issued regardless of the
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transfer of ownership of the vehicle.
[(3) Emission inspection criteria for used subject
vehicles with new or transferred registration plates.--A
subject vehicle sold having a title issued in this or any
other jurisdiction or sold with a manufacturer's statement of
origin and having 5,000 or more miles on its odometer and
which displays a currently valid certification of emission
inspection shall be required to be emission inspected prior
to expiration of the certificate of emission unless the
renewal of registration becomes due immediately before the
expiration of the certificate of emission inspection, in
which case the subject vehicle shall be emission inspected
prior to expiration of the new or transferred registration
plate. If there is no evidence of emission inspection, an
emission inspection must precede the next registration
renewal.]
(4) Emission inspection criteria for vehicles operated
with miscellaneous motor vehicle business registration plates
or dealer registration plate.--A subject vehicle which
displays a miscellaneous motor vehicle business registration
plate or a dealer registration plate shall be exempt from the
requirements for emission inspection until [it has
accumulated 5,000 miles on its odometer. At that time it
shall be subject to the provisions of subsection (f).] five
years after the model year. A certificate of exemption shall
be affixed to the subject vehicle in a manner prescribed by
department regulations. The expiration date of the
certificate of exemption shall be determined when the
certificate of exemption is issued based upon the month of
the manufacture of the vehicle as designated by the
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manufacturer and five years after the model year. No subject
vehicle shall be exempt for a period of greater than 60
months under this paragraph.
(5) For purposes of this subsection, "model year" shall
mean the calendar year so designated by the manufacturer of a
vehicle as the model year.
(h) Antitampering inspections.--No vehicle shall be required
to undergo antitampering inspections for emissions control
components.
Section 2. Section 4706 of Title 75 is amended by adding a
subsection to read:
§ 4706. Prohibition on expenditures for emission inspection
program.
* * *
(c.2) Certificate of exemption.--A fee of no more than $2
plus the fee paid to access the department's computer system may
be charged for a certificate of exemption issued under section
4702(g) (relating to requirement for periodic inspection of
vehicles) or replacement of a certificate of exemption.
* * *
Section 3. The Department of Transportation, in consultation
with the Department of Environmental Protection, shall
immediately notify the Environmental Protection Agency of the
following:
(1) The modifications to the vehicle emission program
under 75 Pa.C.S. §§ 4702(f), (g) and (h) and 4706(c.2).
(2) The Department of Transportation's intent to seek
the Environmental Protection Agency's approval of the plan in
accordance with the requirements of Federal law.
Section 4. This act shall take effect in 90 days.
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