Regular Session 2019-2020 House Bill 1509 P.N. 1894

PRINTER'S NO. 1894

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1509

Session of

2019

INTRODUCED BY JOZWIAK, HARKINS, TOOHIL, KNOWLES, BERNSTINE,

HELM, NEILSON, LAWRENCE, DELOZIER, NELSON, T. DAVIS, GILLEN,

MACKENZIE, WALSH, STRUZZI AND DAY, MAY 23, 2019

REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 23, 2019

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

definitions; in registration of vehicles, further providing

for registration and certificate of title required, for

vehicles exempt from registration, for period of

registration, for duties of agents and for display of

registration plate; in inspection of vehicles, further

providing for operation of vehicle without official

certificate of inspection, for prohibition on expenditures

for emission inspection program, for issuance of certificate

of inspection and for display of certificate of inspection

and repealing provisions relating to removal of certificate

of inspection; and, in vehicle theft and related provisions,

further providing for altered, forged or counterfeit

documents and plates.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "abandoned vehicle" in section

102 of Title 75 of the Pennsylvania Consolidated Statutes is

amended to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

"Abandoned vehicle."

(1) A vehicle (other than a pedalcycle) shall be

presumed to be abandoned under any of the following

circumstances, but the presumption is rebuttable by a

preponderance of the evidence:

(i) The vehicle is physically inoperable and is left

unattended on a highway or other public property for more

than 48 hours.

(ii) The vehicle has remained illegally on a highway

or other public property for a period of more than 48

hours.

(iii) The vehicle is left unattended on or along a

highway or other public property for more than 48 hours

and does not bear all of the following:

(A) A valid registration plate.

(B) A current certificate of inspection or

validating registration sticker.

number.

(iv) The vehicle has remained on private property

without the consent of the owner or person in control of

the property for more than 24 hours.

(v) The vehicle has remained on the private property

of a salvor for 20 days.

(2) Vehicles and equipment used or to be used in

construction or in the operation or maintenance of highways

or public utility facilities, which are left in a manner

which does not interfere with the normal movement of traffic,

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shall not be considered to be abandoned.

* * *

Section 2. Section 1301 of Title 75 is amended by adding a

subsection to read:

§ 1301. Registration and certificate of title required.

* * *

(b.1) Certificate of inspection prerequisite to

registration.--No vehicle shall be registered unless a

certificate of inspection has been issued if one is required by

Chapter 47 (relating to inspection of vehicles).

* * *

Section 3. Sections 1302(10)(i.3) and (i.4) and 1307(a) and

(g) of Title 75 are amended to read:

§ 1302. Vehicles exempt from registration.

The following types of vehicles are exempt from registration:

* * *

(10) Any farm vehicle used exclusively upon a farm or

farms owned or operated by the owner of the vehicle, subject

to the following:

* * *

(i.3) Type C--Such a farm vehicle which does qualify

as a motor carrier vehicle and which [does not display]

has not been issued a currently valid certificate of

inspection may be driven upon highways only from sunrise

to sunset and between:

(A) Parts of one such farm.

(B) Such farms located not more than ten miles

apart.

located within a radius of ten miles from such farm

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or farms for the purpose of buying or selling

agricultural commodities or supplies.

(D) Such farm or farms and a place of business

located within a radius of 25 miles from such farm or

farms for the purpose of repairing or servicing of

the farm vehicle or the trailer or semitrailer being

towed or hauled by the farm vehicle.

(i.4) Type D--Such a farm vehicle which does qualify

as a motor carrier vehicle and [displays] has been issued

a currently valid certificate of inspection may be driven

without any restriction as to time but may only be driven

on highways between:

(A) Parts of one such farm.

(B) Such farms located not more than 50 miles

apart.

located within a radius of 50 miles from such farm or

farms for the purpose of buying or selling

agricultural commodities or supplies or for repairing

or servicing of the farm vehicle or the trailer or

semitrailer being towed or hauled by the farm

vehicle.

* * *

§ 1307. Period of registration.

(a) Staggered renewal system to be established.--The

department shall establish a system of staggered registration

renewal in a manner that an approximately equal number of

registrations will expire every month throughout the year. This

system shall be coordinated with the periodic inspection of all

vehicles that are subject to annual inspection except those

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vehicles bearing dealer registration plates. In order to

implement and maintain the staggered registration system, the

department may prorate annual registration fees over

registration periods of from 6 to 18 months.

* * *

[(g) Election.--Upon application on a form prescribed by the

department, the owner or lessee of a motor vehicle, except a

motor vehicle registered under the International Registration

Plan and a motor vehicle with a seasonal registration or a

circus or carnival plate, may elect to pay an annual

registration fee for a two-year period. The fee shall be two

times the amount of the registration fee otherwise payable for

the motor vehicle under this title.]

Section 4. Section 1318 of Title 75 is amended by adding a

subsection to read:

§ 1318. Duties of agents.

* * *

(c.1) Verification of certificate of inspection.--An agent

of the department who is authorized to issue on behalf of the

department a vehicle registration renewal or temporary

registration shall be required to verify that a certificate of

inspection has been issued, if one is required by Chapter 47

(relating to inspection of vehicles), prior to issuance of a

registration renewal or temporary registration. Proof of

issuance of a certificate of inspection shall be furnished by

the owner of the vehicle by presenting a certificate of

inspection issued for the vehicle.

* * *

Section 5. Section 1332(d) of Title 75 is amended and the

section is amended by adding a subsection to read:

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§ 1332. Display of registration plate.

* * *

(d) Validating registration stickers.--[Validating

registration stickers shall not be issued or required to be

displayed.] The department shall issue a validating registration

sticker upon renewal of a vehicle registration or, if the

vehicle registered had a temporary registration, to indicate

that registration has been completed and the temporary

registration status terminated. A validating registration

sticker shall be affixed to the registration plate of the

vehicle for which it was issued in the space or indentation

provided on the registration plate.

(e) Validity.--A renewed registration may not be considered

validated for the new registration period until the appropriate

validating registration sticker is affixed as provided by

subsection (d). A temporary registration may not be considered

validated for a succeeding registration period until the

appropriate validating registration sticker has been affixed as

provided in subsection (d).

Section 6. Section 4703(a), (c), (e) and (f) of Title 75 are

amended to read:

§ 4703. Operation of vehicle without official certificate of

inspection.

(a) General rule.--Except as otherwise provided in this

section, no motor vehicle required to bear current registration

plates issued by this Commonwealth and no farm vehicle with a

gross weight or gross vehicle weight rating of greater than

17,000 pounds for which a Type D biennial certificate of

exemption has been issued shall be driven and no trailer

required to bear current registration plates issued by this

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Commonwealth shall be moved on a highway and no mass transit

vehicle shall be operated unless [the vehicle displays]:

(1) a currently valid certificate of inspection for the

vehicle has been issued under this chapter[.]; and

(2) the vehicle displays a current validating

registration sticker.

* * *

Vehicles subject to registration and inspection in this

Commonwealth which have been outside this Commonwealth

continuously for 30 days or more and which, at the time of

reentering this Commonwealth, do not bear a currently valid

certificate of inspection or current validating registration

sticker shall not be required to be inspected until ten days

after reentering this Commonwealth.

* * *

(e) [Display] Issuance of unauthorized certificate of

inspection.--No certificate of inspection shall be [displayed]

issued unless an official inspection has been made and the

vehicle or mass transit vehicle is in conformance with the

provisions of this chapter.

(f) Authority of police.--Any police officer may stop any

motor vehicle, mass transit vehicle or trailer and require the

owner or operator to display an official certificate of

inspection or validating registration sticker for the vehicle

being operated. A police officer may summarily remove an

unauthorized, expired or unlawfully issued certificate of

inspection or validating registration sticker from any vehicle

or mass transit vehicle. For the purposes of administering the

requirements of regulations promulgated by the department, a

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qualified Commonwealth employee or an authorized department

representative may remove an unauthorized, expired or unlawfully

issued certificate of inspection or validating registration

sticker from any vehicle.

* * *

Section 7. Section 4706 of Title 75 is amended by adding a

subsection to read:

§ 4706. Prohibition on expenditures for emission inspection

program.

* * *

(d.1) Coordination with vehicle registration.--The periodic

emission inspection shall be coordinated with the vehicle

registration period.

* * *

Section 8. Sections 4727(a) and (b) and 4728 of Title 75 are

amended to read:

§ 4727. Issuance of certificate of inspection.

[(a) Requirements prior to inspection.--No vehicle, except a

vehicle held by a dealer or manufacturer for which titling is

not required or a mass transit vehicle for which titling is not

required, shall be inspected unless it is duly registered or

titled in this Commonwealth or in any other jurisdiction. The

certified inspection mechanic shall examine the registration

card, title or other document as specified in department

regulations in order to ascertain that the vehicle is registered

or titled or that an application for title has been submitted by

the vehicle owner.]

(b) Requirements for issuance of certificate.--An official

certificate of inspection shall not be issued unless the vehicle

or mass transit vehicle is inspected and found to be in

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compliance with the provisions of this chapter including any

regulations promulgated by the department. The certificate of

inspection shall be in the form prescribed by the department and

indicate that a vehicle has passed the required inspection.

Notation of the odometer reading shall be included on any

certificate of inspection or other document as specified in

department regulations.

* * *

§ 4728. Display of certificate of inspection.

The appropriate certificate of inspection shall be affixed to

the vehicle or mass transit vehicle as specified in regulations

adopted by the department. A current validating registration

sticker displayed in accordance with section 1332(e) (relating

to display of registration plate) evidences a vehicle has passed

the required safety inspection.

Section 9. Section 4729 of Title 75 is repealed:

[§ 4729. Removal of certificate of inspection.

No certificate of inspection shall be removed from a vehicle

or a mass transit vehicle for which the certificate was issued

except to replace it with a new certificate of inspection issued

in accordance with the provisions of this chapter or as follows:

(1) The police officer may remove a certificate of

inspection in accordance with the provisions of section

4703(f) (relating to operation of vehicle without official

certificate of inspection).

(2) A person replacing a windshield or repairing a

windshield in such a manner as to require removal of a

certificate of inspection shall at the option of the

registrant of the vehicle or the owner of a mass transit

vehicle cut out the portion of the windshield containing the

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certificate and deliver it to the registrant of the vehicle

or the owner of the mass transit vehicle or destroy the

certificate. The vehicle or the mass transit vehicle may be

driven for up to five days if it displays the portion of the

old windshield containing the certificate as prescribed in

department regulations. Within the five day period an

official inspection station may affix to the vehicle or mass

transit vehicle another certificate of inspection for the

same inspection period without reinspecting the vehicle or

mass transit vehicle in exchange for the portion of the old

windshield containing the certificate of inspection. A fee of

no more than $2 plus the fee paid to the department may be

charged for exchanging the certificate of inspection.

(3) A salvor shall remove and destroy the current

certificate of inspection on every vehicle processed as

abandoned in the salvor's possession except vehicles owned by

the salvor or used in the operation of the business of the

salvor.

(4) Every applicant for a certificate of salvage or

nonrepairable certificate pursuant to Subchapter D of Chapter

11 (relating to salvage vehicles, theft vehicles,

reconstructed vehicles and flood vehicles) shall remove and

destroy the current certificate of inspection.

(5) For the purposes of administering the requirements

of regulations promulgated by the department, a qualified

Commonwealth employee or an authorized department

representative may remove an unauthorized, expired or

unlawfully issued certificate of inspection or a certificate

of inspection issued for a covert audit.]

Section 10. Section 7122 of Title 75 is amended to read:

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§ 7122. Altered, forged or counterfeit documents and plates.

A person is guilty of a misdemeanor of the first degree if

the person, with fraudulent intent:

(1) alters, forges or counterfeits a certificate of

title, registration card or plate, validating registration

sticker, inspection certificate or proof of financial

responsibility;

(2) alters or forges an assignment of a certificate of

title, or an assignment or release of a security interest on

a certificate of title or any other document issued or

prepared for issue by the department;

(3) has possession of, sells or attempts to sell, uses

or displays a certificate of title, registration card or

plate, driver's license, validating registration sticker,

inspection certificate, proof of financial responsibility or

any other document issued by the department, knowing it to

have been altered, forged or counterfeited;

(4) obtains or attempts to obtain a certificate of

inspection without valid proof of financial responsibility;

(5) provides a certificate of inspection where there is

no valid proof of financial responsibility.

Section 11. This act shall take effect as follows:

(1) The following provisions shall take effect

immediately:

(i) This section.

(ii) The amendment of 75 Pa.C.S. § 1307(a).

(2) The remainder of this act shall take effect March 1,

2021.

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