PRINTER'S NO. 1069
No. 970 Session of 1993
INTRODUCED BY MELLOW, LOEPER, STOUT, REIBMAN, AFFLERBACH, SCANLON, STAPLETON, FISHER, CORMAN, LYNCH, LAVALLE, TILGHMAN, WILLIAMS, PECORA, SHAFFER, SCHWARTZ, BORTNER, MADIGAN, MUSTO, STEWART, SALVATORE, DAWIDA, JONES, HELFRICK, BELAN AND LINCOLN, APRIL 21, 1993
REFERRED TO TRANSPORTATION, APRIL 21, 1993
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for suspension or revocation of 3 vehicle business registration plates. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Sections 1374 and 1377 of Title 75 of the 7 Pennsylvania Consolidated Statutes are amended to read: 8 § 1374. Suspension or revocation of vehicle business 9 registration plates. 10 (a) Suspension or revocation after opportunity for 11 hearing.--The department may suspend or revoke registration 12 plates for dealers, manufacturers or members of the 13 "Miscellaneous Motor Vehicle Business" class after providing 14 opportunity for a hearing and the consideration of relevant 15 mitigating facts and circumstances in any of the following cases 16 when the department finds upon sufficient evidence that: 17 (1) Except as provided in subsection (b)(1), the
1 registrant is no longer entitled to licensing as a dealer or 2 manufacturer or to registration in the "Miscellaneous Motor 3 Vehicle Business" class. 4 [(2) The registrant has made or permitted to be made any 5 unlawful use of the vehicle or registration plate or plates 6 or registration card or permitted the use by a person not 7 entitled thereto. 8 (3)] (2) The registrant has knowingly made a false 9 statement or knowingly concealed a material fact or otherwise 10 committed a fraud in any application. 11 [(4) The registrant has failed to give notice of 12 transfer of ownership or of the destruction or junking of any 13 vehicle when and as required by this title. 14 (5) The registrant has failed to deliver to a transferee 15 lawfully entitled thereto or to the department, when and as 16 required by this title, a properly assigned certificate of 17 title. 18 (6)] (3) The registrant has repeatedly violated any of 19 the provisions of this title[.], except for violations of 20 subsection (a.1), in which sanctions shall be imposed in 21 accordance with the schedule set forth in subsection (a.2). 22 [(7) Any fee payable to the Commonwealth in connection 23 with the operation of the business of the registrant has not 24 been paid.] 25 (a.1) Suspension or revocation for fraudulent conduct.--A 26 registrant's vehicle business registration plates and authority 27 to issue temporary registration plates shall not be suspended or 28 revoked unless, after providing opportunity for a hearing and 29 consideration of relevant mitigating facts and circumstances, 30 the department finds sufficient evidence of fraudulent conduct 19930S0970B1069 - 2 -
1 by the registrant with regard to any of the following 2 circumstances: 3 (1) The registrant has made or permitted to be made any 4 unlawful use of the vehicle registration plate or plates or 5 registration card or permitted the use by a person not 6 entitled thereto. 7 (2) The registrant has failed to give notice of transfer 8 of ownership or of the destruction or junking of any vehicle 9 when and as required by this title. 10 (3) Any fee payable to the Commonwealth, except for fees 11 relating to paragraph (4), in connection with the operation 12 of the business of the registrant has not been paid. 13 (4) The registrant has failed to deliver to a transferee 14 lawfully entitled thereto or to the department, when and as 15 required by this title, a properly assigned certificate of 16 title or application for certificate of title. 17 (a.2) Sanctions for nonfraudulent conduct.--A registrant's 18 vehicle business registration plates and authority to issue 19 temporary registration plates shall not be suspended or revoked. 20 If, after providing the opportunity for a hearing and 21 consideration of relevant mitigating facts and circumstances, 22 the department finds a violation but insufficient evidence of 23 fraudulent conduct by the registrant, the department shall 24 impose sanctions for violations of subsection (a.1) in 25 accordance with the following schedule: 26 (1) First offense.--If the department finds that the 27 registrant has violated any paragraph of subsection (a.1) as 28 a first offense, the registrant shall be issued a written 29 warning notice as a sanction. 30 (2) Second offense.-- 19930S0970B1069 - 3 -
1 (i) If the department finds that the registrant has 2 violated subsection (a.1)(1), (2) or (3) as a second 3 offense, the registrant may be sanctioned with a monetary 4 penalty of not more than $100 per violation. 5 (ii) If the department finds that the registrant has 6 violated subsection (a.1)(4) as a second offense, the 7 registrant may be sanctioned with a monetary penalty 8 which shall not be more than: 9 (A) $25 per submission of an assigned 10 certificate of title or application for certificate 11 of title if the department finds that the assigned 12 certificates of title or applications for 13 certificates of title were submitted 20 days or less 14 after the 20-day deadline established under section 15 1103.1 (relating to application for certificate of 16 title); or 17 (B) $50 per submission of an assigned 18 certificate of title or application for certificate 19 of title if the department finds that the assigned 20 certificates of title or applications for 21 certificates of title were submitted 21 days or more 22 after the 20-day deadline established under section 23 1103.1. 24 (3) Third offense.-- 25 (i) If the department finds that the registrant has 26 violated subsection (a.1)(1), (2) or (3) as a third 27 offense, the registrant may be sanctioned with a monetary 28 penalty of not more than $200 per violation. 29 (ii) If the department finds that the registrant has 30 violated subsection (a.1)(4) as a third offense, the 19930S0970B1069 - 4 -
1 registrant may be sanctioned with a monetary penalty 2 which shall not be more than: 3 (A) $50 per submission of an assigned 4 certificate of title or application for certificate 5 of title if the department finds that the assigned 6 certificates of title or applications for 7 certificates of title were submitted 20 days or less 8 after the 20-day deadline established under section 9 1103.1; or 10 (B) $100 per submission of an assigned 11 certificate of title or application for certificate 12 of title if the department finds that the assigned 13 certificates of title or applications for 14 certificates of title were submitted 21 days or more 15 after the 20-day deadline established under section 16 1103.1. 17 (4) Subsequent offenses.-- 18 (i) If the department finds that the registrant has 19 violated subsection (a.1)(1) as a fourth or subsequent 20 offense, the registrant may be sanctioned with a 21 suspension of the registrant's vehicle business 22 registration plates for a period of not more than 30 23 days. 24 (ii) If the department finds that the registrant has 25 violated subsection (a.1)(2), (3) or (4) as a fourth or 26 subsequent offense, the registrant may be sanctioned with 27 a suspension of the registrant's authority to issue 28 temporary registration plates for a period of not more 29 than 30 days. 30 (5) Revocation of vehicle business registration plates 19930S0970B1069 - 5 -
1 or authority to issue temporary registration plates.-- 2 (i) The department may revoke a registrant's vehicle 3 business registration plates upon the fifth or subsequent 4 violation of subsection (a.1)(1) if the department finds 5 that revocation will be in the best interest of the 6 citizens of this Commonwealth. 7 (ii) The department may revoke a registrant's 8 authority to issue temporary registration plates upon the 9 fifth or subsequent violation of subsection (a.1)(2), (3) 10 or (4) if the department finds that revocation will be in 11 the best interest of the citizens of this Commonwealth. 12 (a.3) Removal of violations.--A sanction shall remain on the 13 registrant's record for a period of 12 months from the date of 14 the sanction, subject to the following: 15 (1) A sanction recorded against a registrant for each 16 violation of any paragraph of subsection (a.1) shall be 17 removed at the rate of one level of sanction for each 12 18 consecutive months from the date of the sanction in which the 19 registrant has not committed a violation which results in a 20 sanction being issued for a violation of the same paragraph 21 of subsection (a.1). 22 (2) If the registrant does not commit a violation of the 23 same paragraph of subsection (a.1) within that 12-month 24 period from the date of the sanction, the department shall 25 not consider the sanction as a prior violation on the 26 registrant's record. 27 (a.4) Prior violations not to be considered.--Sanctions 28 pending or imposed under the former subsection (a)(2), (4), (5) 29 or (7), which are repealed by this act, prior to the effective 30 date of subsection (a.2) shall not be deemed as prior violations 19930S0970B1069 - 6 -
1 in determining the level of offense or sanction to be imposed 2 under subsection (a.2). 3 (a.5) Multiple violations.--In the case of multiple 4 violations of any paragraph of subsection (a.1) considered at 5 one departmental hearing, the department may impose one sanction 6 for all violations and may direct that all suspensions or 7 revocations imposed for separate violations be served 8 concurrently, subject to the following: 9 (1) Any notice of a violation shall identify the 10 specific applications, documents, fees and taxes which the 11 registrant failed to deliver, together with copies of all 12 forms or other materials filed with respect to the 13 application. 14 (2) A sanction shall not be imposed for an alleged 15 violation which occurred prior to the time of the notice of a 16 violation which the department knew or should have known 17 existed and which could have been included in the notice as 18 an additional subject of the departmental hearing. 19 (b) Suspension without hearing.--The department may suspend 20 or revoke registration plates for dealers, manufacturers or 21 members of the "Miscellaneous Motor Vehicle Business" class 22 without providing the opportunity for a hearing in any of the 23 following cases: 24 (1) The registrant's license as a dealer or manufacturer 25 has been suspended or revoked by the State Board of Vehicle 26 Manufacturers, Dealers and Salespersons or the board has 27 determined that the registrant is not entitled to such a 28 license. 29 (2) If the Pennsylvania State Police shall certify that 30 the dealer, manufacturer or member of the "Miscellaneous 19930S0970B1069 - 7 -
1 Motor Vehicle Business" class is no longer in business. 2 (c) Recommended action by State licensing board.--The 3 department may also audit and investigate dealers and 4 manufacturers registered by the State Board of Vehicle 5 Manufacturers, Dealers and Salespersons to determine whether any 6 dealer or manufacturer has violated any provision of this title 7 pertaining to dealers or manufacturers or any regulation 8 promulgated by the department. The department may recommend that 9 the State Board of Vehicle Manufacturers, Dealers and 10 Salespersons suspend the license of any dealer or manufacturer 11 which it finds has committed a violation and the board shall 12 take prompt action on any such recommendations under the act of 13 December 22, 1983 (P.L.306, No.84), known as the Board of 14 Vehicles Act. 15 § 1377. Judicial review of denial or suspension of 16 registration. 17 Any person whose registration has been denied [or], suspended 18 or otherwise sanctioned by the department shall have the right 19 to appeal to the court vested with jurisdiction of such appeals 20 by or pursuant to Title 42 (relating to judiciary and judicial 21 procedure). The filing of the appeal shall act as a supersedeas 22 and the suspension of registration shall not be imposed until 23 determination of the matter as provided in this section. The 24 court shall set the matter down for hearing upon 30 [days] days' 25 written notice to the department, and thereupon take testimony 26 and examine into the facts of the case and determine whether the 27 petitioner is entitled to registration [or], subject to 28 suspension of registration or otherwise to be sanctioned under 29 the provisions of this title. 30 Section 2. This act shall take effect in 60 days. D16L75JLW/19930S0970B1069 - 8 -