PRINTER'S NO. 2921
No. 2142 Session of 2005
INTRODUCED BY BALDWIN, OCTOBER 24, 2005
REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 24, 2005
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for certificate of inspection and
3 for requirement for periodic inspection of vehicles; and
4 making an editorial change.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 1958, 4702(a) and 4702.1(a) of Title 75
8 of the Pennsylvania Consolidated Statutes are amended to read:
9 § 1958. Certificate of inspection.
10 [(a) General rule.--]The department shall charge $2 for each
11 [annual] biennial certificate of inspection and $1 for each
12 semiannual certificate of inspection.
13 [(b) Credit.--
14 (1) Once each calendar year, every official inspection
15 station which inspects an electric vehicle, a hybrid electric
16 vehicle or a zero-emission vehicle shall be eligible to claim
17 a credit for the cost of the certificate of inspection for
18 said vehicle. The official inspection station may only claim
1 the credit one time in any calendar year and shall claim it
2 within 12 months of the inspection on a form prescribed by
3 the department. The vehicle owner shall not be required to
4 pay the cost of the certificate of inspection.
5 (2) This subsection shall expire December 31, 1996.]
6 § 4702. Requirement for periodic inspection of vehicles.
7 (a) [Annual] Biennial safety inspection.--
8 (1) Except as provided in paragraph (2) or in subsection
9 (b), the department shall establish a system of [annual]
10 biennial safety inspection of vehicles, including emergency
11 vehicles, farm vehicles with a gross weight or gross vehicle
12 weight rating of greater than 17,000 pounds for which a Type
13 I biennial certificate of exemption has been issued and
14 private noncommercial vehicles used to transport students.
15 (2) Inspection under this subsection shall not be
16 required for three years after the date of purchase of a
17 vehicle if the vehicle:
18 (i) has never before been registered in this
19 Commonwealth or any other jurisdiction;
20 (ii) has fewer than 5,000 miles on its odometer; and
21 (iii) bears a registration plate which has been
22 transferred from another vehicle.
23 * * *
24 § 4702.1. Limited liability of inspection station or mechanic.
25 (a) General rule.--An inspection conducted pursuant to
26 section 4702(a) (relating to [annual inspection] requirement for
27 periodic inspection of vehicles) or 1165.1 (relating to
28 inspection of reconstructed, modified and specially constructed
29 vehicles) shall not be construed as a guaranty of the safety of
30 any vehicle and neither the official inspection station issuing
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1 the certificate of inspection nor the official inspection
2 mechanic performing the inspection shall be liable to the owner
3 or occupants of any inspected vehicle for any damages caused by
4 the failure or malfunction of that vehicle or to the owner or
5 occupants of any vehicle involved in an accident with that
6 inspected vehicle or to any pedestrian injured in the accident
7 unless it can be shown by a preponderance of the evidence that
8 the failure was caused by the negligence of the inspection
9 station or mechanic. An official inspection mechanic in the
10 course of his duties relating to the road test portion of an
11 official vehicle safety inspection shall not be cited by law
12 enforcement personnel for any violation relating to vehicle
13 equipment. This provision does not preclude an official
14 inspection mechanic from being cited by law enforcement
15 personnel for moving violations committed during the road test
16 portion of an official vehicle safety inspection.
17 * * *
18 Section 2. This act shall take effect in 60 days.
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