PRIOR PRINTER'S NO. 1279                      PRINTER'S NO. 2226

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1131 Session of 1987


        INTRODUCED BY MARKOSEK, BOOK, TRUMAN, J. TAYLOR, BLAUM, GLADECK,
           ACOSTA, BURD, JADLOWIEC, SCHEETZ, MRKONIC, TRELLO, BATTISTO,
           KUKOVICH, GAMBLE, GEIST, JOHNSON, BOYES, MORRIS, HERMAN,
           SHOWERS, ARTY, J. L. WRIGHT, BUNT, GODSHALL, PHILLIPS,
           FARMER, COLE, SAURMAN, FOX, HALUSKA, MELIO, D. W. SNYDER,
           SEMMEL, MICOZZIE, DeLUCA, CLYMER, KENNEY, RAYMOND, CIVERA,
           NAHILL, TIGUE, PRESTON, PERZEL, MERRY, HAYDEN, DUFFY, FLICK,
           KASUNIC, KOSINSKI, STAIRS, MAYERNIK, BORTNER, STABACK,
           HERSHEY, OLASZ, E. Z. TAYLOR, MICHLOVIC, VEON, RICHARDSON,
           COLAFELLA, LANGTRY AND BELARDI, APRIL 22, 1987

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           OCTOBER 6, 1987

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, DEFINING "AUTOMOTIVE DISMANTLER AND RECYCLER" AND    <--
     3     "SALVAGE MOTOR VEHICLE AUCTION OR POOL OPERATOR"; further
     4     providing for inspection of garages and dealer premises by
     5     police; and requiring certain persons to keep accurate
     6     records of motor vehicle sales and dispositions.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section SECTIONS 102 AND 6308 of Title 75 of the   <--
    10  Pennsylvania Consolidated Statutes is ARE amended to read:        <--
    11  § 102.  DEFINITIONS.                                              <--
    12     SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
    13  PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
    14  PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
    15  USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY


     1  INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
     2     * * *
     3     "AUTOMOTIVE DISMANTLER AND RECYCLER."  A PERSON ENGAGED IN
     4  THE BUSINESS OF PURCHASING AND DISMANTLING OR DISASSEMBLING
     5  WRECKED OR ABANDONED OR SALVAGE MOTOR VEHICLES FOR THE PURPOSE
     6  OF SELLING THE USABLE VEHICLE.
     7     * * *
     8     "SALVAGE MOTOR VEHICLE AUCTION OR POOL OPERATOR."  A PERSON
     9  WHO ON HIS OWN BEHALF OR AS AN AGENT FOR A THIRD PARTY ENGAGES
    10  IN BUSINESS FOR THE PURPOSE OF OFFERING FOR SALE WRECKED OR
    11  SALVAGE MOTOR VEHICLES THROUGH AN AUCTION OR PRIVATE BID PROCESS
    12  TO AUTOMOTIVE DISMANTLERS AND RECYCLERS.
    13     * * *
    14  § 6308.  Investigation by police officers.
    15     (a)  Duty of operator or pedestrian.--The operator of any
    16  vehicle or any pedestrian reasonably believed to have violated
    17  any provision of this title shall stop upon request or signal of
    18  any police officer and shall, upon request, exhibit a
    19  registration card, driver's license and information relating to
    20  financial responsibility, or other means of identification if a
    21  pedestrian or driver of a pedalcycle, and shall write their name
    22  in the presence of the police officer if so required for the
    23  purpose of establishing identity.
    24     (b)  Authority of police officer.--Whenever a police officer
    25  is engaged in a systematic program of checking vehicles or
    26  drivers or has articulable and reasonable grounds to suspect a
    27  violation of this title, he may stop a vehicle, upon request or
    28  signal, for the purpose of checking the vehicle's registration,
    29  proof of financial responsibility, vehicle identification number
    30  or engine number or the driver's license, or to secure such
    19870H1131B2226                  - 2 -

     1  other information as the officer may reasonably believe to be
     2  necessary to enforce the provisions of this title.
     3     (c)  Inspection of garages and dealer premises.--Any police
     4  officer or authorized department employee may inspect any
     5  vehicle in any [public] garage or repair shop or on the premises
     6  of any dealer, salvor, AUTOMOTIVE DISMANTLER AND RECYCLER,        <--
     7  SALVAGE MOTOR VEHICLE AUCTION OR POOL OPERATOR, scrap metal
     8  processor, or other public place of business for the purpose of
     9  locating stolen vehicles or parts or vehicles or vehicle parts
    10  with identification numbers removed or falsified. The owner of
    11  the garage or repair shop or the dealer or other person shall
    12  permit any police officer or authorized department employee to
    13  make investigations under this subsection.
    14     (d)  Records.--Every salvor, junkyard operator AUTOMOTIVE      <--
    15  DISMANTLER AND RECYCLER, SALVAGE MOTOR VEHICLE AUCTION OR POOL
    16  OPERATOR, scrap metal processor, designated agent and dealer      <--
    17  shall keep accurate records of motor vehicle sales and
    18  dispositions. The records shall include the make, year and type
    19  of vehicle, from whom purchased or acquired, and date, vehicle
    20  identification number and date of sale or disposition of
    21  vehicle. The records shall be available on the premises of the
    22  salvor, junkyard operator AUTOMOTIVE DISMANTLER AND RECYCLER,     <--
    23  SALVAGE MOTOR VEHICLE AUCTION OR POOL OPERATOR, scrap metal
    24  processor, designated agent and new or used car AND dealer and    <--
    25  open to inspection by any police officer or authorized
    26  department employee. The records shall be maintained for three
    27  years from the date of disposition of the vehicle.
    28     (e)  Penalty.--Any person violating subsection (d) commits a
    29  misdemeanor of the third degree.
    30     Section 2.  This act shall take effect in 60 days.
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