Pennsylvania Act 2004-228 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
                 Act of Dec. 1, 2004, P.L. 1767, No. 228              Cl. 75
                             Session of 2004
                               No. 2004-228

     HB 2066

                                  AN ACT

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, further defining "collectible motor vehicle";
        providing for titling and inspection of reconstructed,
        modified and specially constructed vehicles and for advisory
        panel; further providing for required registration and
        certificate of title,  for vehicles exempt from registration,
        for antique, classic and collectible plates, for safety
        inspection criteria for street rods and for limited liability
        of inspection station or mechanic; providing for certificate
        of appointment for enhanced vehicle safety inspection for
        reconstructed vehicle inspection sites; and further providing
        for State replacement vehicle identification number plate.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definition of "collectible motor 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
     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:
        * * *
        "Collectible motor vehicle."  A reconstructed or modified
     motor vehicle substantially modified from the manufacturer's
     original specifications and appearance and maintained in a
     collectible condition as determined by the Department of
     Transportation.
        * * *
        Section 2.  Title 75 is amended by adding sections to read:
      § 1165.1.  Inspection of reconstructed, modified and specially
                constructed vehicles.
        (a)  Findings of fact.--The General Assembly finds that a key
     element for successfully converting a stolen vehicle into a
     marketable item is obtaining a title to that vehicle. In a
     report to the Congress of the United States, the Motor Vehicle
     Titling, Registration and Salvage Advisory Committee made
     several recommendations that would assist state motor vehicle
     agencies to combat the vehicle theft and title fraud that has
     been rising at an alarming rate throughout the nation. In the
     committee's report, recommendations were for each state to
     establish a two-part inspection procedure. Part one would be to
     inspect each vehicle to verify the VIN and replacement parts
     (supported by titles, proof of ownership, bills of sale) and
     owner affirmation. Part two would be to provide a uniform safety
     inspection for rebuilt salvage vehicles.
        (b)  General rule.--All reconstructed, modified and specially
     constructed vehicles shall be required to undergo an enhanced
     vehicle safety inspection as specified in departmental
     contracts, policy guidelines or regulations as deemed
     appropriate by the advisory panel convened under section 1165.2
     (relating to Specialized Vehicle Compliance Inspection Advisory
     Panel).
      § 1165.2.  Specialized Vehicle Compliance Inspection Advisory
                Panel.
        (a)  Establishment.--The department shall establish a
     Specialized Vehicle Compliance Inspection Advisory Panel to
     oversee and make recommendations concerning establishment of
     procedures and requirements for specialized vehicle compliance
     inspection of reconstructed, modified and specially constructed
     vehicles. The panel shall consist of the following:
            (1)  The secretary or his designee, who shall serve as
        chairman.
            (2)  The chairman and minority chairman of the
        Transportation Committee of the Senate and the chairman and
        minority chairman of the Transportation Committee of the
        House of Representatives or their designees.
            (3)  A representative of the Office of Attorney General.
            (4)  A vehicle salvage dealer selected by the department.
            (5)  A licensed vehicle dealer who reconstructs or
        modifies vehicles.
            (6)  A member of the Alliance of Automotive Service
        Providers.
            (7)  A member of the Pennsylvania Automotive Association.
            (8)  A member of the Pennsylvania Independent Automotive
        Dealers Association.
            (9)  A certified mechanic who performs vehicle
        inspections.
            (10)  A certified collision repair technician who
        performs vehicle reconstruction.
        (b)  Duties and responsibilities.--The panel shall:
            (1)  Establish a system of privately owned reconstructed
        vehicle inspection facilities staffed by specially trained
        individuals to inspect for compliance with vehicle
        regulations.
            (2)  Promote highway safety and consumer confidence
        through specialized inspections.
            (3)  Diminish fraud and use of stolen vehicles and parts
        in vehicle rebuilds.
            (4)  Improve the titling process for street rods,
        reconstructed, modified and specially constructed vehicles.
        (c)  Cooperation.--Nothing shall prevent the chairman or
     members of the committee from enlisting cooperation from
     professionals outside of the panel members or from holding
     hearings or taking testimony on issues relating to the
     reconstructed vehicle process.
        (d)  Expiration.--This section shall expire January 1, 2007.
        Section 3.  Section 1301 of Title 75 is amended by adding a
     subsection to read:
      § 1301.  Registration and certificate of title required.
        * * *
        (c.2)  Special inspection prerequisite to operation.-- After
     the effective date of this section, no reconstructed, modified
     or specially constructed vehicle may be operated on the highway
     until it has successfully passed an inspection at a
     reconstructed vehicle inspection station.
        * * *
        Section 4.  Section 1302 of Title 75 is amended by adding a
     paragraph to read:
      § 1302.  Vehicles exempt from registration.
        The following types of vehicles are exempt from registration:
            * * *
            (21)  Special mobile equipment engaged in construction
        activities within one mile of an active construction site
        where the vehicle is being used. Unregistered vehicles used
        under this paragraph shall be required to meet lighting and
        other requirements of special mobile equipment. This
        exemption shall not apply to tracked vehicles.
        Section 5.  Sections 1340(a), 4702(c) and 4702.1(a) of Title
     75 are amended to read:
      § 1340.  Antique, classic and collectible plates.
        (a)  General rule.--Upon submission by a vehicle owner of
     information satisfactory to the department that a motorcycle or
     motor vehicle is an antique motorcycle or motor vehicle or
     classic motorcycle or motor vehicle or collectible motorcycle or
     motor vehicle, accompanied by the appropriate fee, the
     department may issue special plates for the motorcycle or
     vehicle. The special plate for antique motor vehicles, except
     antique motorcycles, shall bear the designation "antique
     vehicle." The applicant shall provide photographic proof in a
     manner specified by the department to demonstrate the condition
     of the motor vehicle. No annual registration fee may be charged
     for antique, collectible or classic motorcycles or motor
     vehicles. A holder of the special plates may obtain replacement
     plates bearing the designation "antique vehicle" upon payment of
     the appropriate fee.
        * * *
      § 4702.  Requirement for periodic inspection of vehicles.
        * * *
        (c)  Safety inspection criteria for street rods.--The
     department, after consultation with the National Street Rod
     Association and other interested groups, shall prescribe special
     inspection criteria for vehicles registered as street rods.
     Vehicles registered as street rods will not be required to be
     equipped with bumpers, fenders or engine coverage as originally
     manufactured. If the hood, top and sides, or both, are removed
     from the vehicle, the engine fan must be enclosed with a shroud
     designed to protect the fan from accidental contact from the
     outside.
        * * *
      § 4702.1.  Limited liability of inspection station or mechanic.
        (a)  General rule.--An inspection conducted pursuant to
     section 4702(a) (relating to annual inspection) or 1165.1
     (relating to inspection of reconstructed, modified and specially
     constructed vehicles) shall not be construed as a guaranty of
     the safety of any vehicle and neither the official inspection
     station issuing the certificate of inspection nor the official
     inspection mechanic performing the inspection shall be liable to
     the owner or occupants of any inspected vehicle for any damages
     caused by the failure or malfunction of that vehicle or to the
     owner or occupants of any vehicle involved in an accident with
     that inspected vehicle or to any pedestrian injured in the
     accident unless it can be shown by a preponderance of the
     evidence that the failure was caused by the negligence of the
     inspection station or mechanic. An official inspection mechanic
     in the course of his duties relating to the road test portion of
     an official vehicle safety inspection shall not be cited by law
     enforcement personnel for any violation relating to vehicle
     equipment. This provision does not preclude an official
     inspection mechanic from being cited by law enforcement
     personnel for moving violations committed during the road test
     portion of an official vehicle safety inspection.
        * * *
        Section 6.  Title 75 is amended by adding a section to read:
      § 4723.1.  Certificate of appointment for enhanced vehicle
                safety inspection for reconstructed vehicle, modified
                or specially constructed inspection stations.
        The department shall issue a certificate of appointment for
     enhanced vehicle safety inspection for reconstructed vehicle,
     modified or specially constructed inspection stations.
        Section 7.  Section 7104(d) and (e) of Title 75 are amended
     to read:
      § 7104.  State replacement vehicle identification number plate.
        * * *
        (d)  Issuance and display of plate.--The department shall
     furnish a State replacement vehicle identification number plate
     which shall be immediately placed [in a uniform manner] on the
     driver's side inside door post or as designated by the
     department [on the vehicle].
        (e)  Reconstructed, modified or specially constructed
     vehicle.--The department may assign a State replacement vehicle
     identification number plate for a reconstructed, modified or
     specially constructed vehicle[.] or theft recovery vehicle being
     brought into the Commonwealth from another state.
        Section 8.  This act shall take effect as follows:
            (1)  This section shall take effect immediately.
            (2)  The amendment or addition of 75 Pa.C.S. §§ 1165.2,
        1302, 1340 and 4702 shall take effect in 60 days.
            (3)  The remainder of this act shall take effect January
        1, 2007.

     APPROVED--The 1st day of December, A. D. 2004.

     EDWARD G. RENDELL