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A04099
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.
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in registration of vehicles, further providing for
display of registration plate.
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
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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.
(C) An ascertainable vehicle identification
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
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or public utility facilities, which are left in a manner
which does not interfere with the normal movement of traffic,
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.
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(C) Such farm or farms and a place of business
located within a radius of ten miles from such farm
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.
(C) Such farm or farms and a place of business
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
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system shall be coordinated with the periodic inspection of all
vehicles that are subject to annual inspection except those
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.
* * *
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Section 5. Section 1332(d) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 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
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exemption has been issued shall be driven and no trailer
required to bear current registration plates issued by this
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.
* * *
(c) Inspection of vehicles reentering this Commonwealth.--
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
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or mass transit vehicle. 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 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
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certificate of inspection shall not be issued unless the vehicle
or mass transit vehicle is inspected and found to be in
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
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registrant of the vehicle or the owner of a mass transit
vehicle cut out the portion of the windshield containing the
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
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of inspection issued for a covert audit.]
Section 10. Section 7122 of Title 75 is amended to read:
§ 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;
or
(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,
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2021.
Section 1. Section 1332(d) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1332. Display of registration plate.
* * *
(d) Validating registration stickers.--Validating
registration stickers shall [not] be issued [or] and shall be
required to be displayed. The following shall apply:
(1) The department shall issue validating stickers 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.
(2) A validating sticker shall be affixed to the
registration plate of the vehicle for which the validating
sticker was issued.
(3) A renewed registration may not be considered
validated for the new registration period until the
appropriate sticker is attached as provided under paragraph
(1). A temporary registration may not be considered validated
for a succeeding registration period until the appropriate
validating sticker has been attached as provided under
paragraph (2).
Section 2. This act shall take effect January 1, 2021.
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