Pennsylvania Act 1992-47 — VEHICLES (75 PA.C.S.) - OMNIBUS AMENDMENTS

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VEHICLES (75 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Jun. 11, 1992, P.L. 266, No. 47Cl. 75

Session of 1992

No. 1992-47

SB 559

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for the use of dealer registration plates, for issuance and content of driver's license and for permits for moving construction equipment; prohibiting driving of pedalcycles on freeways; further providing for reports by police, for operation of vehicle without official certificate of inspection, for an exception for maximum wheel weights, for the determination of average fuel consumption for the motor carrier road tax, for the licensing of limousines and for when lighted head lamps are required; authorizing the Secretary of Transportation and the Secretary of Revenue to enter into road tax agreements; providing for the enforcement of liquid fuels and fuel use taxes; imposing a motorbus road tax; adding a member to the Snowmobile Trail Advisory Committee; providing penalties; and making repeals.

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

Section 1. Section 1336(a)(2)(ii) and (b) of Title 75 of the Pennsylvania Consolidated Statutes are amended to read:

§ 1336. Use of dealer registration plates.

(a) General rule.--

(2) Dealer registration plates may be used on any laden or unladen vehicle owned or in possession of a dealer or manufacturer, but only if the vehicle is being held for sale and is being used for any of the following purposes:

(ii) For testing vehicles in the possession of the dealer [or manufacturer] within a radius of 25 miles of the place of business of the dealer [or manufacturer]. Vehicles in the possession of the manufacturer may be tested within a radius of 50 miles of the place of business of the manufacturer.

(b) Records.--Records shall be kept by the dealer in a manner prescribed by the department indicating which vehicles have been used as provided in subsection (a)(2)[, (5) and (6)] (i), (iv) and (v) . The records shall be open to inspection by representatives of the department and police officers.

Section 2. Sections 1510 and 1609 of Title 75 are amended by adding subsections to read:

§ 1510. Issuance and content of driver's license.

(f) Waiver.--Notwithstanding the provisions of subsection (a), the department shall issue a driver's license to an otherwise eligible person who has no Social Security number if the person submits a waiver obtained from the Federal Government permitting him not to have a Social Security number. The department may require other identifiers, including, but not limited to, a taxpayer identification number, before issuing the license.

§ 1609. Application for commercial driver's license.

(d) Waiver.--Notwithstanding the provisions of subsection (a)(4), the department shall not require a Social Security number on the application for a commercial driver's license of a person who submits a waiver obtained from the Federal Highway Administration of the United States Department of Transportation permitting him not to have a Social Security number. If the waiver requires the person to have some other sort of identifier in place of the Social Security number, the identifier must be indicated on the application.

Section 3. Section 1901(b) of Title 75 is amended by adding a paragraph to read:

§ 1901. Exemption of entities and vehicles from fees.

(b) Title and registration fees.--No fee shall be charged for titling or registration of any of the following:

(5) Vehicles on loan or transferred to a nonprofit corporation by the United States Department of Defense or the United States General Services Administration and used exclusively for leasing to political subdivisions, State agencies and the Federal Government. Such vehicles shall be issued the same kind of registration plates as are issued to vehicles registered by political subdivisions.

Section 4. Section 1925.1 of Title 75 is amended to read:

§ 1925.1. Limousines.

The department shall issue registration plates for limousines for an annual fee as prescribed in section 1917 (relating to motor buses and limousines). The limousine registration plate shall be issued only to vehicles [licensed as limousines by the Pennsylvania Public Utility Commission] used as limousines for the transportation of persons for compensation .

Section 5. Title 75 is amended by adding a section to read:

§ 3511. Pedalcycles prohibited on freeways.

(a) General rule.--No person shall ride a pedalcycle on a freeway.

(b) Exceptions.--

(1) The department and local authorities, on highways under their respective jurisdictions, may issue permits for a procession or event prohibited under subsection (a) upon a determination that:

(i) The pedalcycle procession or event is of national, State or regional interest; and

(ii) the results of an engineering and traffic study indicate that the procession or event can be conducted with safety.

(2) On State-designated freeways, pedalcycles may be authorized under the following limitations:

(i) The pedalcycler is 16 years of age or older or is accompanied by a pedalcycler 18 years of age or older.

(ii) A written request for review of the freeway route based on the potential unavailability of a reasonable alternate route is made to the department.

(iii) The department determines that no reasonable alternate route exists.

(iv) The department publishes a notice in the Pennsylvania Bulletin authorizing pedalcycle access to the freeway. The notice shall constitute approval for the persons authorized under subparagraph (i) to ride a pedalcycle on the State-designated freeway.

(c) Action by local authorities.--Action taken by local authorities regarding permission to use pedalcycles on freeways under their jurisdiction shall be:

(1) by ordinance of the local governing body; or

(2) by a commission or public official authorized to act on specified matters.

Section 6. Sections 3751(a), 4302, 4703(b), 4944 and 4970(b) of Title 75 are amended to read:

§ 3751. Reports by police.

(a) General rule.--Every police department that investigates a vehicle accident for which a report must be made as required in this subchapter[, or otherwise] and prepares a written report as a result of an investigation either at the time and at the scene of the accident or thereafter by interviewing the participants or witnesses[,] shall [promptly] , within 15 days of the accident, forward [a] an initial written report of the accident to the department. If the initial report is not complete, a supplemental report shall be submitted at a later date.

§ 4302. [Period] Periods for requiring lighted lamps.

[Every vehicle upon a highway at any time between sunset and sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible from a distance of 1000 feet ahead shall display lighted head and other lamps and illuminating devices as required under this chapter for different classes of vehicles, subject to exceptions with respect to parked vehicles. Stop lights, turn signals and other signaling devices shall be lighted as prescribed in this title.]

(a) General rule.--The operator of a vehicle upon a highway shall display the lighted head lamps and other lamps and illuminating devices required under this chapter for different classes of vehicles, subject to exceptions with respect to parked vehicles, at the following times:

(1) Between sunset and sunrise.

(2) Any time when, due to insufficient light or unfavorable atmospheric conditions, including rain, snow, sleet, hail, fog, smoke or smog, persons and vehicles on the highway are not clearly discernible to the operator for a distance of 1,000 feet ahead.

(b) Signal lights.--Stop lights, turn signals and other signaling devices shall be lighted as prescribed in this title.

§ 4703. Operation of vehicle without official certificate of inspection.

(b) Exceptions.--Subsection (a) does not apply to:

(1) Special mobile equipment.

(2) Implements of husbandry.

(3) Motor vehicles being towed.

(4) Motor vehicles being operated or trailers being towed by an official inspection station owner or employee for the purpose of inspection.

(5) Trailers having a registered gross weight of 3,000 pounds or less.

(6) Motorized pedalcycles.

(7) Vehicles being repossessed by a financer or collector-repossessor through the use of miscellaneous motor vehicle business registration plates.

(8) New vehicles while they are in the process of manufacture, including testing, and not in transit from the manufacturer to a purchaser or dealer.

(9) Any military vehicle used for training by a private, nonprofit, tax exempt military educational institution when such vehicle does not travel on public roads in excess of one mile and the property on both sides of the public road is owned by the institution.

(10) Antique vehicles.

(11) A motor vehicle being operated by the vehicle owner while enroute to an inspection station where an appointment for inspection has been scheduled, provided that such operation occurs no later than ten days after the expiration of a valid certificate of inspection issued under this chapter.

§ 4944. Maximum wheel load.

No motor vehicle or combination shall, when operated upon a highway, have a weight upon any one wheel in excess of 800 pounds for each nominal inch of width of tire on the wheel. Special mobile equipment may be authorized to carry up to 1,000 pounds per nominal inch of tire width subject to the issuance of a permit by the department.

§ 4970. Permit for movement of construction equipment.

(b) Construction trucks.--An annual permit may be issued for a construction truck to exceed the registered gross weight permitted in section 4941(c) (relating to maximum gross weight of vehicles) and the maximum allowable axle weight permitted in section 4943(a) (relating to maximum axle weight of vehicles) on highways and bridges designated by the department. This subsection shall:

(1) only apply to trucks registered at the time of enactment of this subsection; and

(2) expire on May 31, [1992] 1998 .

Section 7. Section 7717(b) of Title 75 is amended to read:

§ 7717. Snowmobile Trail Advisory Committee.

(b) Composition.--The Snowmobile Trail Advisory Committee shall be appointed within three months of the effective date of this section and biannually thereafter. The membership shall be composed of three members from the Pennsylvania State Snowmobile Association, one of whom shall have experience in trail creation on public land, one of whom shall have experience in trail creation on private land and one of whom shall be a member at large. In addition, one member shall be appointed from each of the following organizations: Pennsylvania Travel Council, Pennsylvania State Association of Township Supervisors, Pennsylvania State Association of Township Commissioners, Pennsylvania State Association of Boroughs, Pennsylvania State Association of County Commissioners, Pennsylvania Association of Realtors, Pennsylvania Landowners Association, Pennsylvania Vacation Land Developers Association, Pennsylvania Chapter of Rails to Trails Conservancy, Department of Commerce and Department of Community Affairs. The name of the representatives shall be submitted to the secretary within ten days of the receipt of the request for them.

Section 8. Subchapter A of Chapter 81 of Title 75 is repealed.

Section 9. Title 75 is amended by adding a chapter to read:

CHAPTER 94

LIQUID FUELS AND FUEL USE TAX ENFORCEMENT

Sec.

9401. Short title of chapter.

9402. Construction of chapter.

9403. Revenue agents; powers.

9404. Violations and penalties.

9405. Forfeitures; process and procedures.

9406. Disposition of fines and forfeitures.

§ 9401. Short title of chapter.

This chapter shall be known and may be cited as the Liquid Fuels and Fuel Use Tax Enforcement Act.

§ 9402. Construction of chapter.

This chapter shall be construed in conjunction with the act of May 21, 1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act, and the act of January 14, 1952 (1951 P.L.1965, No.550), known as the Fuel Use Tax Act, and any terms defined therein shall have the same meanings when used in this chapter.

§ 9403. Revenue agents; powers.

(a) Revenue agents.--Employees of the Department of Revenue who are designated by the Secretary of Revenue as revenue agents and who carry identification indicating such capacity are hereby declared to be police officers of this Commonwealth and are hereby given police power and authority throughout this Commonwealth.

(b) Powers.--Revenue agents shall have the power to:

(1) Enforce the provisions of this chapter, the act of May 21, 1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act, and the act of January 14, 1952 (1951 P.L.1965, No.550), known as the Fuel Use Tax Act, and to arrest, with or without a warrant, any person violating such provisions.

(2) Stop a vehicle, upon request or signal, for the purpose of inspection for compliance with the provisions of this chapter, The Liquid Fuels Tax Act or the Fuel Use Tax Act.

(3) Seize and take possession, with the assistance of the Pennsylvania State Police, of any property subject to forfeiture under section 9405 (relating to forfeitures; process and procedures).

§ 9404. Violations and penalties.

(a) Violations.--On and after the effective date of this chapter, it shall be made unlawful for:

(1) A person, other than a common or contract carrier, to import or cause to be imported liquid fuels into this Commonwealth unless the person possesses a valid liquid fuels permit.

(2) A common or contract carrier to knowingly transport liquid fuels into this Commonwealth on behalf of any person who does not possess a valid liquid fuels permit.

(3) A distributor to continue to engage in or to begin to engage in the use or sale and delivery of liquid fuels within this Commonwealth unless a liquid fuels permit or permits shall have been issued to him as prescribed in the act of May 21, 1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act, and the act of January 14, 1952 (1951 P.L.1965, No.550), known as the Fuel Use Tax Act. Each day in which any distributor shall engage in the use or sale and delivery of liquid fuels within this Commonwealth without a liquid fuels permit or permits, as required by law, shall constitute a separate offense.

(4) A dealer or user to engage in or begin to engage in the use or sale and delivery of fuels within this Commonwealth unless a license shall have been issued to him as prescribed in the Fuel Use Tax Act. Each day in which any dealer or user shall engage in the use of fuels within this Commonwealth without a license, as required by law, shall constitute a separate offense.

(5) A distributor, dealer-user or any other person who is required by law to maintain and keep records to fail to maintain and keep the records required by section 9 of The Liquid Fuels Tax Act or section 9 of the Fuel Use Tax Act.

(6) A person to assign or attempt to assign a liquid fuels permit or fuel use tax license.

(7) A person to fail to display conspicuously his liquid fuels permit or fuel use tax license as required by The Liquid Fuels Tax Act or the Fuel Use Tax Act.

(8) A person to refuse, neglect or fail to surrender a liquid fuels permit or fuel use tax license as required by The Liquid Fuels Tax Act or the Fuel Use Tax Act.

(b) Penalties.--Any person who violates any provision of subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of:

(1) not less than $500 nor more than $2,000 or to imprisonment for not more than 90 days, or both, if the violation is of subsection (a)(1) or (2);

(2) not less than $100 nor more than $2,000 or to imprisonment for not more than 90 days, or both, if the violation is of subsection (a)(3), (4) or (5); or

(3) not less than $50 nor more than $200 if the violation is of subsection (a)(6), (7) or (8).

(c) Restraining prohibited acts.--Upon the occurrence of two or more violations of subsection (a)(3) or (4) within a 30-day period, the Department of Revenue may institute a civil action in the court of common pleas of the judicial district in which a violation occurs for injunctive relief to restrain the violation and for such other relief as the court shall deem proper. Neither the institution of such an action nor any of the proceedings therein shall relieve any party to the proceedings from other fines or penalties prescribed for the violation of this chapter, The Liquid Fuels Tax Act or the Fuel Use Tax Act.

(d) Sealing of fuel pump or dispensing unit.--Upon the occurrence of a violation of subsection (a)(5), the Department of Revenue may place a security seal on the totalizer portion of the fuel pump or other dispensing device in such a manner that the totalizer cannot be removed, disconnected or adjusted once the security seal is in place. The seal may remain in place until such time as the Department of Revenue determines that adequate records are being kept and maintained. In the event a security seal is removed or broken without the permission of the Department of Revenue, the department may seek injunctive relief as provided in subsection (c).

§ 9405. Forfeitures; process and procedures.

(a) Subjects of forfeiture.--The following are subject to forfeiture to the Commonwealth and no property right shall exist in them:

(1) Any liquid fuels produced in or imported into this Commonwealth by any distributor who does not possess a valid liquid fuels tax permit as required by section 3 of the act of May 21, 1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act, except liquid fuels imported in barrels, drums or similar containers with a capacity of not more than 55 gallons in each barrel, drum or container.

(2) All conveyances, including vehicles or vessels, used to transport liquid fuels as described in paragraph (1) except:

(i) no conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of The Liquid Fuels Tax Act; and

(ii) no bona fide security interest retained or acquired under Title 13 (relating to commercial code) by any merchant dealing in new or used vehicles or vessels, or retained or acquired by any licensed or regulated finance company, bank, lending institution or by any other business regularly engaged in the financing of or lending on the security of such vehicles or vessels, shall be subject to forfeiture or impairment.

(b) Method of seizure.--Property subject to forfeiture under this section may be seized by the Department of Revenue upon process issued by any court of common pleas having jurisdiction over the property. Seizure without process may be made if the seizure is incident to an inspection or arrest for a violation of this act or The Liquid Fuels Tax Act.

(c) Limit on return of property.--

(1) No property seized in accordance with this section, when in the custody of the Department of Revenue, shall be seized or taken therefrom by any writ of replevin or other judicial process unless a petition for forfeiture is not timely filed.

(2) Any liquid fuels seized under this section may be immediately used for any public purpose or sold to any person at the discretion of the Secretary of Revenue. If such liquid fuels are determined not to be subject to forfeiture, they need not be returned to the owner or any other person making a claim thereto, but at the option of the Secretary of Revenue an amount equal to the wholesale value of the liquid fuels as determined on the date of seizure may be returned.

(d) In rem proceedings.--The proceedings for the forfeiture of any liquid fuels or conveyances seized under this section shall be in rem. The Commonwealth shall be the plaintiff and the property shall be the defendant. A petition shall be filed, within five days after seizure, in the court of common pleas of the county in which the property was seized by revenue agents of the Department of Revenue, verified by oath or affirmation of any revenue agent. In the event that the petition is not filed within the time prescribed herein, the seized property shall be immediately returned to the person from whom seized or the owner thereof.

(e) Contents of petition.--The petition shall contain the following:

(1) The description of the property seized.

(2) A statement of the time when and the place where seized.

(3) The name and address of the owner, if known.

(4) The name and address of the person who was in possession of the property at the time of seizure, if known.

(5) A statement of the circumstances under which the property was seized.

(6) A prayer for an order forfeiting the property to the Commonwealth, unless cause be shown to the contrary.

(f) Service of process.--A copy of the petition shall be served on the owner if he can be found within this Commonwealth in any manner provided by law for service of process or a complaint in an action in assumpsit. If the owner cannot be found within this Commonwealth, a copy of the petition shall be served on the owner by registered mail or certified mail, return receipt requested, addressed to the last known address of the owner. The person in possession of the property and all encumbrance holders having a perfected security interest in the property confiscated shall be notified in a like manner. Copies shall have endorsed thereon a notice substantially similar to the following:

To the claimant of the within property: You are required to file an answer to this petition setting forth your title in and right to possession of the property within 20 days from the service hereof, and you are also notified that, if you fail to file an answer, a decree of forfeiture will be entered against the property.

The notice shall be signed by the petitioner or his attorney.

(g) Advertisement.--If the owner of the property is unknown, notice of the petition shall also be given by an advertisement in only one newspaper of general circulation published in the county where the property was seized, once a week for two successive weeks. No other advertisement of any sort shall be necessary, any other law to the contrary notwithstanding. The notice shall contain a statement of the seizure of the property, with the description thereof and the place and date of seizure, and shall direct any claimants thereof to file a claim therefor on or before a date given in the notice which shall not be less than ten days from the date of the last publication.

(h) Hearing date.--Upon the filing of any claim for the property setting forth a right of possession thereof, the case shall be deemed at issue, and a hearing shall be held within five days thereof.

(i) Standard of proof.--The claimant shall have the burden of proving that he is not subject to the provisions of this section, but the burden of proof shall be upon the Commonwealth to prove all other facts necessary for the forfeiture of the property. In the event that the Commonwealth has not met its burden by a preponderance of the evidence or the claimant has proved that he is not subject to the provisions of this section, the court shall order the property returned to the claimant; otherwise, the court shall order the property forfeited to the Commonwealth. In the case of a motor vehicle, vessel or conveyance, should the claimant prove to the satisfaction of the court that he is the registered owner of the motor vehicle, vessel or conveyance and that he did not know nor had reason to know that it was being used to transport liquid fuels in violation of the provisions of section 4 of The Liquid Fuels Tax Act, the court in its discretion may order the same returned to the claimant.

(j) Encumbered motor vehicle.--In the case of a motor vehicle, should the claimant prove that he holds a valid encumbrance upon such motor vehicle, notice of which encumbrance has been duly noted on the certificate of title to the motor vehicle in accordance with the provisions of Chapter 11 (relating to certificate of title and security interests), the forfeiture shall be subject to such encumbrance as of the date of the seizure less prepaid or unearned interest. Before the motor vehicle may be sold, exchanged or otherwise transferred or retained for use by the Commonwealth, the outstanding amount of the encumbrance shall be paid to the claimant or possession of the motor vehicle shall be turned over to the claimant who shall expose the same to public sale and shall pay over to the Commonwealth any amount realized in excess of the outstanding amount of such encumbrance less the reasonable costs incurred by claimant in conducting such sale.

§ 9406. Disposition of fines and forfeitures.

All fines imposed under this chapter and the net proceeds received from the sale of forfeited property shall be payable to the Commonwealth and credited to the Motor License Fund.

Section 10. Section 9609 of Title 75 is amended to read:

§ 9609. Average consumption.

In the absence of adequate records or other evidence satisfactory to the department showing the number of miles operated by a motor carrier's motor vehicles per gallon of motor fuel, any such motor vehicle [using gasoline] shall be deemed to have consumed one gallon of motor fuel for each four miles operated[, and any such motor vehicle using other motor fuel shall be deemed to have consumed one gallon of motor fuel for each six miles operated. If such records or other evidence do not show the type of fuel used by such motor vehicle, it shall be deemed to use gasoline for the purpose of this section].

Section 11. Title 75 is amended by adding a section to read:

§ 9622. Reciprocal agreements.

The Secretary of Revenue and Secretary of Transportation may jointly enter into, modify or terminate agreements with other states relating to the collection of motor carriers road taxes, such as the International Fuel Tax Agreement, Regional Fuel Tax Agreement or similar agreements.

Section 12. Title 75 is amended by adding a chapter to read:

Section 13. (a) The act of August 1, 1963 (P.L.476, No.249), entitled "An act providing for the taxation of motor fuels consumed by interstate buses upon a system uniform among jurisdictions enacting the same provisions," is repealed.

(b) The following acts and parts of acts are repealed to the extent they impose any penalties:

Sections 3(a) and (f) and 12 of the act of May 21, 1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act.

Sections 3(a) and (c) and 12 of the act of January 14, 1952 (1951 P.L.1965, No.550), known as the Fuel Use Tax Act.

Section 14. The addition or repeal of 75 Pa.C.S. Ch. 81 Subch. A and Ch. 98 shall apply on the first day of the first quarter beginning at least three months after its effective date. The provisions of 75 Pa.C.S. § 9810(d) shall not be enforced until the first day of the second quarter beginning at least three months after the effective date of this act. If this act takes effect on or after October 1, 1991, any identification marker issued for any period prior to April 1, 1992, shall not expire until March 31, 1993.

Section 15. This act shall take effect as follows:

(1) The amendment of 75 Pa.C.S. §§ 1510, 1609 and 4970 shall take effect immediately.

(2) The remainder of this act shall take effect in 60 days.

APPROVED--The 11th day of June, A. D. 1992.

ROBERT P. CASEY

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