PRIOR PRINTER'S NO. 2767 PRINTER'S NO. 2797
No. 2066 Session of 2003
INTRODUCED BY GEIST, McCALL, MARSICO, MAHER, WILT, PETRARCA,
MELIO, WASHINGTON, ROBERTS, SANTONI, D. EVANS, HARPER,
BALDWIN, HESS, McGILL, STAIRS, WATSON, LAUGHLIN, WOJNAROSKI,
FAIRCHILD, RUFFING, FORCIER, SAYLOR, DERMODY, LaGROTTA,
ALLEN, ARMSTRONG, BEBKO-JONES, BENNINGHOFF, BIANCUCCI,
CAPPELLI, CLYMER, COLEMAN, CORRIGAN, COY, CRAHALLA, CRUZ,
DALEY, DeLUCA, DeWEESE, EGOLF, FABRIZIO, FICHTER, GERGELY,
GINGRICH, GODSHALL, GRUCELA, HALUSKA, HARHART, HARRIS,
HERMAN, HERSHEY, HORSEY, JOSEPHS, KELLER, KENNEY, KIRKLAND,
MARKOSEK, McILHATTAN, McNAUGHTON, PALLONE, PAYNE, PETRI,
PHILLIPS, PISTELLA, REED, RUBLEY, SAINATO, SCAVELLO, SEMMEL,
SOLOBAY, E. Z. TAYLOR, TURZAI, VANCE, WALKO, WEBER,
YOUNGBLOOD AND HENNESSEY, OCTOBER 14, 2003
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 15, 2003
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further defining "collectible motor vehicle";
3 defining "flood vehicle" and "I-CAR"; further providing for <--
4 application for certificate of title, for transfer of vehicle
5 ownership and for reconstructed vehicles; providing for
6 titling and inspection of reconstructed, modified and
7 specially constructed vehicles; further providing for
8 required registration and certificate of title; providing for
9 fees for reconstructed, modified and specially constructed
10 vehicle inspection and for certificate of appointment for
11 reconstructed vehicle inspection sites; and further providing
12 for issuance of certificate of inspection and for State
13 replacement vehicle identification number plate.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The definition of "collectible motor vehicle" in
17 section 102 of Title 75 of the Pennsylvania Consolidated
1 Statutes is amended and the section is amended by adding
2 definitions A DEFINITION to read: <--
3 § 102. Definitions.
4 Subject to additional definitions contained in subsequent
5 provisions of this title which are applicable to specific
6 provisions of this title, the following words and phrases when
7 used in this title shall have, unless the context clearly
8 indicates otherwise, the meanings given to them in this section:
9 * * *
10 "Collectible motor vehicle." A reconstructed or modified
11 motor vehicle substantially modified from the manufacturer's
12 original specifications and appearance and maintained in a
13 collectible condition as determined by the Department of
14 Transportation.
15 * * *
16 "Flood vehicle." Any motor vehicle that has been submerged <--
17 in water to the point that rising water has reached over the
18 doorsill or has entered the passenger or trunk compartment or
19 any vehicle declared a total loss due to flood by an insurance
20 carrier.
21 * * *
22 "I-CAR." The Inter-Industry Conference on Auto Collision
23 Repair.
24 * * *
25 Section 2. Section 1103.1(g) of Title 75 is amended to read:
26 § 1103.1. Application for certificate of title.
27 * * *
28 (g) [Specially constructed, reconstructed or modified]
29 Reconstructed, modified or specially constructed vehicles.--If
30 the vehicle to be titled is a [specially constructed,]
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1 reconstructed [or], modified or specially constructed vehicle,
2 that fact shall be stated in the application[.], and prior to
3 the issuance of a certificate of title, the vehicle shall be
4 inspected at a reconstructed vehicle inspection site pursuant to
5 section 1165.1 (relating to titling and inspection of
6 reconstructed, modified and specially constructed vehicles).
7 Modified vehicles that are subsequently remodified shall reapply
8 for title under this section. The department may promulgate
9 rules and regulations pertaining to the titling of [specially
10 constructed,] reconstructed [or], modified or specially
11 constructed vehicles.
12 * * *
13 Section 3. Section 1111 of Title 75 is amended by adding a
14 subsection to read:
15 § 1111. Transfer of ownership of vehicle.
16 * * *
17 (a.3) Exception for reconstructed, modified and specially
18 constructed vehicles.--When a certificate of title for a
19 reconstructed, modified or specially constructed vehicle, which
20 has been acquired by a licensed dealer for purposes of resale
21 and has been submitted to a reconstructed vehicle inspection
22 site by the licensed dealer, delivery of the certificate of
23 title by the dealer as a transferor at the time of delivery of
24 the vehicle upon resale shall not be required for a vehicle
25 being titled in this Commonwealth if, prior to delivery of the
26 vehicle, the dealer obtains the resale authorization form from
27 the reconstructed vehicle inspection site and the applicable
28 powers of attorney to properly execute transfer of the title.
29 The application and properly assigned certificate of title shall
30 be delivered to the department within the time period prescribed
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1 by section 1103.1.
2 * * *
3 Section 4. Section 1165(b) of Title 75 is amended to read:
4 § 1165. Reconstructed vehicles.
5 * * *
6 [(b) Application for a reconstructed vehicle certificate of
7 title.--A reconstructed vehicle title and registration shall be
8 issued to an applicant if the applicant presents to the
9 department an application for a certificate of title upon a form
10 furnished and prescribed by the department and any other
11 information the department deems appropriate.]
12 Section 5. Title 75 is amended by adding sections to read:
13 § 1165.1. Titling and inspection of reconstructed, modified and
14 specially constructed vehicles.
15 (a) General rule.--The applicant shall present to the
16 department or its authorized agent at a specifically designated
17 reconstructed vehicle inspection site all of the following:
18 (1) A properly assigned certificate of title,
19 certificate of origin, certificate of salvage and any other
20 required documents establishing ownership, including official
21 vehicle ownership documents issued in foreign states or
22 countries.
23 (2) A properly repaired or constructed vehicle.
24 (3) All vehicle identification numbers, invoices, bills
25 of sale and other receipts for:
26 (i) The vehicle.
27 (ii) All essential parts used or purchased for the
28 construction or repair of the vehicle.
29 (4) Proof of financial responsibility, if registration
30 is requested.
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1 (5) All fees required by Chapter 19 (relating to fees).
2 (6) Any other requirements the department deems
3 appropriate and published by notice in the Pennsylvania
4 Bulletin.
5 (b) Issuance.--Registration and a certificate of safety
6 inspection may be issued for the vehicle immediately if the
7 applicant fully complies with the requirements of subsection
8 (a). A licensed dealer in compliance with subsection (a) may
9 immediately be issued a resale authorization form.
10 (c) Reconstructed vehicle inspection sites.--
11 (1) For the purpose of inspecting reconstructed,
12 modified and specially constructed vehicles, the department
13 shall establish a system of privately owned facilities
14 exclusively designated to conduct the inspections.
15 (2) Designated facilities shall:
16 (i) Be located throughout this Commonwealth as
17 specified by the department.
18 (ii) Be under the control of a single contractor.
19 (iii) Be under contract with the department.
20 (iv) Employ at least one safety inspection mechanic
21 certified in accordance with section 4726 (relating to
22 certification of mechanics) and I-CAR standards or
23 similar nationally recognized standards approved by the
24 department.
25 (3) The designated personnel at each site shall verify
26 that:
27 (i) The vehicle identification numbers on the
28 vehicle are an accurate match of those listed on the
29 application, the certificate of title, the certificate of
30 origin, the certificate of salvage and any other official
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1 vehicle ownership documents, including those issued by
2 foreign states or countries.
3 (ii) No stolen parts were used to modify, construct
4 or reconstruct the vehicle.
5 (iii) The vehicle is modified, constructed or
6 reconstructed to meet all equipment and inspection
7 requirements of this title and I-CAR standards or similar
8 nationally recognized standards approved by the
9 department.
10 (4) An inspection conducted under this section shall not
11 be construed as a guarantee of the safety of any vehicle and
12 neither the Commonwealth nor the reconstructed vehicle
13 inspection site where the inspection is conducted nor the
14 employees performing the inspection shall be liable to the
15 owner or occupants of any inspected vehicle for any damages
16 caused by the failure or malfunction of that vehicle or to
17 the owner or occupants of any vehicle involved in an accident
18 with that inspected vehicle or to any pedestrian injured in
19 the accident.
20 (5) No person shall perform any part of an inspection on
21 a vehicle owned by the person.
22 § 1165.2. Advisory panel.
23 The department shall establish an advisory panel to oversee
24 and make recommendations concerning the reconstructed vehicle
25 inspection site program and contract. The panel shall meet at
26 least semiannually in Harrisburg. The panel shall consist of the
27 following:
28 (1) The chairman and minority chairman of the
29 Transportation Committee of the Senate and the chairman and
30 minority chairman of the Transportation Committee of the
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1 House of Representatives or their designees.
2 (2) A representative of the department.
3 (3) A representative of the Office of Attorney General.
4 (4) A representative of the Pennsylvania State Police.
5 (5) A vehicle salvage dealer selected by the department.
6 (6) A salvor selected by the department.
7 (7) A licensed vehicle dealer who reconstructs or
8 modifies vehicles.
9 (8) A member of the Auto Theft Prevention Authority.
10 (9) Two members of the general public selected by the
11 department.
12 Section 6. Section 1301(c.1) of Title 75 is amended and the
13 section is amended by adding a subsection to read:
14 § 1301. Registration and certificate of title required.
15 * * *
16 (c.1) Reconstructed, [recovered theft, flood,] modified and
17 specially constructed vehicles.--Only the department [shall] or
18 a designated inspector at a reconstructed vehicle inspection
19 site under section 1165 (relating to reconstructed vehicles) may
20 issue a temporary registration plate or card, or permit the
21 transfer of a registration plate, in conjunction with any
22 application for reconstructed, recovered theft, flood, modified
23 and specially constructed vehicles. Proof of financial
24 responsibility must accompany the application for registration
25 prior to the issuance of a registration plate.
26 (c.2) Special inspection prerequisite to operation.--No
27 reconstructed, modified or specially constructed vehicle may be
28 operated on the highway until it has successfully passed an
29 inspection at a reconstructed vehicle inspection site. Modified
30 vehicles that are subsequently remodified must be reinspected at
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1 a reconstructed vehicle inspection site prior to operation on
2 the highway.
3 * * *
4 Section 7. Title 75 is amended by adding sections to read:
5 § 1962. Reconstructed, modified and specially constructed
6 vehicle inspection.
7 The schedule of fees for the inspection of a reconstructed,
8 modified or specially constructed vehicle at a reconstructed
9 vehicle inspection site shall be set by the department and
10 published by notice in the Pennsylvania Bulletin. The fee shall
11 be paid directly to the reconstructed vehicle inspection site
12 for the vehicle inspection. For a vehicle that requires
13 reinspection, an additional fee shall not be required if the
14 vehicle is presented for the reinspection within 90 days of the
15 initial inspection.
16 § 4723.1. Certificate of appointment for reconstructed vehicle
17 inspection sites.
18 (a) Certificate.--The department shall issue a certificate
19 of appointment for reconstructed vehicle inspection sites.
20 (b) Authority.--The certificate of appointment shall
21 authorize the inspection of:
22 (1) Reconstructed, modified and specially constructed
23 vehicles.
24 (2) Vehicles owned or leased by the Commonwealth or
25 political subdivisions.
26 (3) Vehicles leased or owned by the reconstructed
27 vehicle inspection site.
28 (c) Offsite inspection.--Inspection of reconstructed,
29 modified and specially constructed vehicles may be performed
30 offsite for:
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1 (1) Oversize vehicles.
2 (2) Mobile homes.
3 (3) Licensed dealers or fleet owners who meet specific
4 requirements approved by the department.
5 (4) Other vehicles approved by the department.
6 Section 8. Section 4727 of Title 75 is amended by adding a
7 subsection to read:
8 § 4727. Issuance of certificate of inspection.
9 * * *
10 (b.1) Refusal to inspect.--An official inspection station
11 shall refuse to inspect any modified vehicle which is not
12 properly titled by the Commonwealth.
13 * * *
14 Section 9. Section 7104(d) and (e) of Title 75 are amended
15 to read:
16 § 7104. State replacement vehicle identification number plate.
17 * * *
18 (d) Issuance and display of plate.--The department shall
19 furnish a State replacement vehicle identification number plate
20 which shall be immediately [placed in a uniform manner] secured,
21 by an inspector at a reconstructed vehicle inspection site, to
22 the same location as the removed or falsified number plate or as
23 otherwise designated by the department on the vehicle. At a
24 minimum, the number plate on the vehicle dashboard or cowl must
25 be replaced.
26 (e) Reconstructed, modified or specially constructed
27 vehicle.--The department may assign a State replacement vehicle
28 identification number plate for a reconstructed, modified or
29 specially constructed vehicle[.], which shall be immediately
30 secured, by an inspector at a reconstructed vehicle inspection
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1 site, to the same location as the removed or falsified number
2 plate or as otherwise designated by the department on the
3 vehicle. At a minimum the number plate on the vehicle dashboard
4 or cowl must be replaced.
5 Section 10. This act shall take effect as follows:
6 (1) This section shall take effect immediately.
7 (2) The addition of 75 Pa.C.S. § 1165.2 shall take
8 effect in 60 days.
9 (3) The remainder of this act shall take effect in six
10 months.
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