act-2004-0-228•Pennsylvania Act 2004-228 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 2004-228 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
act-2004-0-2282004 Pa. Act 228Law
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
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.