PRINTER'S NO. 1002
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
981
Session of
2023
INTRODUCED BY GROVE, KAUFFMAN, HAMM, JAMES, STAATS, ZIMMERMAN,
ROWE AND GILLEN, APRIL 24, 2023
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 24, 2023
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in inspection of vehicles, further providing for
requirement for periodic inspection of vehicles, 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4702(g) and 4703(b) of Title 75 of the
Pennsylvania Consolidated Statutes are amended by adding
paragraphs to read:
§ 4702. Requirement for periodic inspection of vehicles.
* * *
(g) Exceptions.--The following are exceptions to subsection
(f):
* * *
(5) Emission inspection criteria for a subject vehicle
with a supply chain inspection waiver issued and signed by an
official inspection station.--A subject vehicle which
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displays a supply chain inspection waiver shall be exempt
from the requirements for emission inspection for one month
or until a certificate of inspection can be issued, whichever
occurs first.
§ 4703. Operation of vehicle without official certificate of
inspection.
* * *
(b) Exceptions.--Subsection (a) does not apply to:
* * *
(15) A vehicle with a supply chain inspection waiver
issued and signed by an official inspection station.
* * *
Section 2. Section 4706 of Title 75 is amended by adding a
subsection to read:
§ 4706. Prohibition on expenditures for emission inspection
program.
* * *
(b.9) Waiver.--If a vehicle is found to be out of compliance
with the provisions of this section and cannot be brought into
compliance due to the unavailability of parts created by supply
chain issues, a temporary supply chain emission inspection
waiver may be issued in lieu of a certificate of inspection, to
which the following shall apply:
(1) The department shall create a standard temporary
supply chain emission inspection waiver form.
(2) A temporary supply chain emission inspection waiver
shall be good for one month from the date of issuance or
until a certificate of inspection can be issued, whichever
occurs first.
(3) A temporary supply chain emission inspection waiver
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shall not be issued in lieu of a certificate of inspection if
the inspection station determines the vehicle cannot be
operated safely.
(4) The department shall promulgate regulations for:
(i) issuing a temporary supply chain inspection
waiver under this subsection; and
(ii) determining the criteria for what constitutes a
supply chain issue for the purposes of issuing a
temporary supply chain emission inspection waiver under
this subsection.
(5) In order to facilitate the prompt implementation of
this subsection, regulations promulgated by the department
under this subsection during the two years following the
effective date of this subsection shall be deemed temporary
regulations, which shall expire no later than five years
following the effective date of this subsection or upon
promulgation of final regulations. The temporary regulations
shall not be subject to the following:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) Section 204(b) of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys
Act.
(iii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
* * *
Section 3. Section 4727(d)(1) and (2) of Title 75 are
amended and the section is amended by adding a subsection to
read:
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§ 4727. Issuance of certificate of inspection.
* * *
(b.1) Waiver.--If a vehicle is found to be out of compliance
with the provisions of this section and cannot be brought into
compliance due to the unavailability of parts created by supply
chain issues, a temporary supply chain inspection waiver may be
issued in lieu of a certificate of inspection, to which the
following shall apply:
(1) The department shall create a standard temporary
supply chain inspection waiver form.
(2) A temporary supply chain inspection waiver shall be
good for one month from the date of issuance or until a
certificate of inspection can be issued, whichever occurs
first.
(3) A temporary supply chain inspection waiver shall not
be issued in lieu of a certificate of inspection if the
inspection station determines the vehicle cannot be operated
safely.
(4) The department shall promulgate regulations for:
(i) issuing a temporary supply chain inspection
waiver under this subsection; and
(ii) determining the criteria for what constitutes a
supply chain issue for the purposes of issuing a
temporary supply chain emission inspection waiver under
this subsection.
(5) In order to facilitate the prompt implementation of
this subsection, regulations promulgated by the department
under this subsection during the two years following the
effective date of this subsection shall be deemed temporary
regulations, which shall expire no later than five years
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following the effective date of this subsection or upon
promulgation of final regulations. The temporary regulations
shall not be subject to the following:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) Section 204(b) of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys
Act.
(iii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
* * *
(d) Proof of insurance.--
(1) No certificate of inspection or temporary supply
chain inspection waiver shall be issued unless proof of
financial responsibility is submitted to the inspection
official, who shall, on the official State Inspection record
provided by the department, record the name of the insured,
the vehicle tag number, the issuing company, the policy
number and the expiration date. The requirement that the
inspection official record financial responsibility
information shall not be construed to require the inspection
official to verify the information submitted.
(2) In those cases where the insured fails to present
proof of financial responsibility to the inspection official,
the inspection official, in addition to denying a certificate
of inspection or temporary supply chain inspection waiver,
may provide notification to the department, on the form
provided by the department, within 30 days of the insured's
failure to present proof of financial responsibility. Failure
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of the inspection official to make notification under this
subsection shall not impose any duty or liability on the
mechanic or station owner.
* * *
Section 4. Section 4728 of Title 75 is amended to read:
§ 4728. Display of certificate of inspection.
The appropriate certificate of inspection or temporary supply
chain inspection waiver shall be affixed to the vehicle or mass
transit vehicle as specified in regulations adopted by the
department.
Section 5. This act shall take effect in 60 days.
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