PRINTER'S NO. 1069
No. 970 Session of 1993
INTRODUCED BY MELLOW, LOEPER, STOUT, REIBMAN, AFFLERBACH,
SCANLON, STAPLETON, FISHER, CORMAN, LYNCH, LAVALLE, TILGHMAN,
WILLIAMS, PECORA, SHAFFER, SCHWARTZ, BORTNER, MADIGAN, MUSTO,
STEWART, SALVATORE, DAWIDA, JONES, HELFRICK, BELAN AND
LINCOLN, APRIL 21, 1993
REFERRED TO TRANSPORTATION, APRIL 21, 1993
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for suspension or revocation of
3 vehicle business registration plates.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 1374 and 1377 of Title 75 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 1374. Suspension or revocation of vehicle business
9 registration plates.
10 (a) Suspension or revocation after opportunity for
11 hearing.--The department may suspend or revoke registration
12 plates for dealers, manufacturers or members of the
13 "Miscellaneous Motor Vehicle Business" class after providing
14 opportunity for a hearing and the consideration of relevant
15 mitigating facts and circumstances in any of the following cases
16 when the department finds upon sufficient evidence that:
17 (1) Except as provided in subsection (b)(1), the
1 registrant is no longer entitled to licensing as a dealer or
2 manufacturer or to registration in the "Miscellaneous Motor
3 Vehicle Business" class.
4 [(2) The registrant has made or permitted to be made any
5 unlawful use of the vehicle or registration plate or plates
6 or registration card or permitted the use by a person not
7 entitled thereto.
8 (3)] (2) The registrant has knowingly made a false
9 statement or knowingly concealed a material fact or otherwise
10 committed a fraud in any application.
11 [(4) The registrant has failed to give notice of
12 transfer of ownership or of the destruction or junking of any
13 vehicle when and as required by this title.
14 (5) The registrant has failed to deliver to a transferee
15 lawfully entitled thereto or to the department, when and as
16 required by this title, a properly assigned certificate of
17 title.
18 (6)] (3) The registrant has repeatedly violated any of
19 the provisions of this title[.], except for violations of
20 subsection (a.1), in which sanctions shall be imposed in
21 accordance with the schedule set forth in subsection (a.2).
22 [(7) Any fee payable to the Commonwealth in connection
23 with the operation of the business of the registrant has not
24 been paid.]
25 (a.1) Suspension or revocation for fraudulent conduct.--A
26 registrant's vehicle business registration plates and authority
27 to issue temporary registration plates shall not be suspended or
28 revoked unless, after providing opportunity for a hearing and
29 consideration of relevant mitigating facts and circumstances,
30 the department finds sufficient evidence of fraudulent conduct
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1 by the registrant with regard to any of the following
2 circumstances:
3 (1) The registrant has made or permitted to be made any
4 unlawful use of the vehicle registration plate or plates or
5 registration card or permitted the use by a person not
6 entitled thereto.
7 (2) The registrant has failed to give notice of transfer
8 of ownership or of the destruction or junking of any vehicle
9 when and as required by this title.
10 (3) Any fee payable to the Commonwealth, except for fees
11 relating to paragraph (4), in connection with the operation
12 of the business of the registrant has not been paid.
13 (4) The registrant has failed to deliver to a transferee
14 lawfully entitled thereto or to the department, when and as
15 required by this title, a properly assigned certificate of
16 title or application for certificate of title.
17 (a.2) Sanctions for nonfraudulent conduct.--A registrant's
18 vehicle business registration plates and authority to issue
19 temporary registration plates shall not be suspended or revoked.
20 If, after providing the opportunity for a hearing and
21 consideration of relevant mitigating facts and circumstances,
22 the department finds a violation but insufficient evidence of
23 fraudulent conduct by the registrant, the department shall
24 impose sanctions for violations of subsection (a.1) in
25 accordance with the following schedule:
26 (1) First offense.--If the department finds that the
27 registrant has violated any paragraph of subsection (a.1) as
28 a first offense, the registrant shall be issued a written
29 warning notice as a sanction.
30 (2) Second offense.--
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1 (i) If the department finds that the registrant has
2 violated subsection (a.1)(1), (2) or (3) as a second
3 offense, the registrant may be sanctioned with a monetary
4 penalty of not more than $100 per violation.
5 (ii) If the department finds that the registrant has
6 violated subsection (a.1)(4) as a second offense, the
7 registrant may be sanctioned with a monetary penalty
8 which shall not be more than:
9 (A) $25 per submission of an assigned
10 certificate of title or application for certificate
11 of title if the department finds that the assigned
12 certificates of title or applications for
13 certificates of title were submitted 20 days or less
14 after the 20-day deadline established under section
15 1103.1 (relating to application for certificate of
16 title); or
17 (B) $50 per submission of an assigned
18 certificate of title or application for certificate
19 of title if the department finds that the assigned
20 certificates of title or applications for
21 certificates of title were submitted 21 days or more
22 after the 20-day deadline established under section
23 1103.1.
24 (3) Third offense.--
25 (i) If the department finds that the registrant has
26 violated subsection (a.1)(1), (2) or (3) as a third
27 offense, the registrant may be sanctioned with a monetary
28 penalty of not more than $200 per violation.
29 (ii) If the department finds that the registrant has
30 violated subsection (a.1)(4) as a third offense, the
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1 registrant may be sanctioned with a monetary penalty
2 which shall not be more than:
3 (A) $50 per submission of an assigned
4 certificate of title or application for certificate
5 of title if the department finds that the assigned
6 certificates of title or applications for
7 certificates of title were submitted 20 days or less
8 after the 20-day deadline established under section
9 1103.1; or
10 (B) $100 per submission of an assigned
11 certificate of title or application for certificate
12 of title if the department finds that the assigned
13 certificates of title or applications for
14 certificates of title were submitted 21 days or more
15 after the 20-day deadline established under section
16 1103.1.
17 (4) Subsequent offenses.--
18 (i) If the department finds that the registrant has
19 violated subsection (a.1)(1) as a fourth or subsequent
20 offense, the registrant may be sanctioned with a
21 suspension of the registrant's vehicle business
22 registration plates for a period of not more than 30
23 days.
24 (ii) If the department finds that the registrant has
25 violated subsection (a.1)(2), (3) or (4) as a fourth or
26 subsequent offense, the registrant may be sanctioned with
27 a suspension of the registrant's authority to issue
28 temporary registration plates for a period of not more
29 than 30 days.
30 (5) Revocation of vehicle business registration plates
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1 or authority to issue temporary registration plates.--
2 (i) The department may revoke a registrant's vehicle
3 business registration plates upon the fifth or subsequent
4 violation of subsection (a.1)(1) if the department finds
5 that revocation will be in the best interest of the
6 citizens of this Commonwealth.
7 (ii) The department may revoke a registrant's
8 authority to issue temporary registration plates upon the
9 fifth or subsequent violation of subsection (a.1)(2), (3)
10 or (4) if the department finds that revocation will be in
11 the best interest of the citizens of this Commonwealth.
12 (a.3) Removal of violations.--A sanction shall remain on the
13 registrant's record for a period of 12 months from the date of
14 the sanction, subject to the following:
15 (1) A sanction recorded against a registrant for each
16 violation of any paragraph of subsection (a.1) shall be
17 removed at the rate of one level of sanction for each 12
18 consecutive months from the date of the sanction in which the
19 registrant has not committed a violation which results in a
20 sanction being issued for a violation of the same paragraph
21 of subsection (a.1).
22 (2) If the registrant does not commit a violation of the
23 same paragraph of subsection (a.1) within that 12-month
24 period from the date of the sanction, the department shall
25 not consider the sanction as a prior violation on the
26 registrant's record.
27 (a.4) Prior violations not to be considered.--Sanctions
28 pending or imposed under the former subsection (a)(2), (4), (5)
29 or (7), which are repealed by this act, prior to the effective
30 date of subsection (a.2) shall not be deemed as prior violations
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1 in determining the level of offense or sanction to be imposed
2 under subsection (a.2).
3 (a.5) Multiple violations.--In the case of multiple
4 violations of any paragraph of subsection (a.1) considered at
5 one departmental hearing, the department may impose one sanction
6 for all violations and may direct that all suspensions or
7 revocations imposed for separate violations be served
8 concurrently, subject to the following:
9 (1) Any notice of a violation shall identify the
10 specific applications, documents, fees and taxes which the
11 registrant failed to deliver, together with copies of all
12 forms or other materials filed with respect to the
13 application.
14 (2) A sanction shall not be imposed for an alleged
15 violation which occurred prior to the time of the notice of a
16 violation which the department knew or should have known
17 existed and which could have been included in the notice as
18 an additional subject of the departmental hearing.
19 (b) Suspension without hearing.--The department may suspend
20 or revoke registration plates for dealers, manufacturers or
21 members of the "Miscellaneous Motor Vehicle Business" class
22 without providing the opportunity for a hearing in any of the
23 following cases:
24 (1) The registrant's license as a dealer or manufacturer
25 has been suspended or revoked by the State Board of Vehicle
26 Manufacturers, Dealers and Salespersons or the board has
27 determined that the registrant is not entitled to such a
28 license.
29 (2) If the Pennsylvania State Police shall certify that
30 the dealer, manufacturer or member of the "Miscellaneous
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1 Motor Vehicle Business" class is no longer in business.
2 (c) Recommended action by State licensing board.--The
3 department may also audit and investigate dealers and
4 manufacturers registered by the State Board of Vehicle
5 Manufacturers, Dealers and Salespersons to determine whether any
6 dealer or manufacturer has violated any provision of this title
7 pertaining to dealers or manufacturers or any regulation
8 promulgated by the department. The department may recommend that
9 the State Board of Vehicle Manufacturers, Dealers and
10 Salespersons suspend the license of any dealer or manufacturer
11 which it finds has committed a violation and the board shall
12 take prompt action on any such recommendations under the act of
13 December 22, 1983 (P.L.306, No.84), known as the Board of
14 Vehicles Act.
15 § 1377. Judicial review of denial or suspension of
16 registration.
17 Any person whose registration has been denied [or], suspended
18 or otherwise sanctioned by the department shall have the right
19 to appeal to the court vested with jurisdiction of such appeals
20 by or pursuant to Title 42 (relating to judiciary and judicial
21 procedure). The filing of the appeal shall act as a supersedeas
22 and the suspension of registration shall not be imposed until
23 determination of the matter as provided in this section. The
24 court shall set the matter down for hearing upon 30 [days] days'
25 written notice to the department, and thereupon take testimony
26 and examine into the facts of the case and determine whether the
27 petitioner is entitled to registration [or], subject to
28 suspension of registration or otherwise to be sanctioned under
29 the provisions of this title.
30 Section 2. This act shall take effect in 60 days.
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