Title 67—TRANSPORTATION DEPARTMENT OF TRANSPORTATION [ 67 PA. CODE CH. 43 ] Temporary Registration Cards and Plates [42 Pa.B. 6290]
[Saturday, October 6, 2012]The Department of Transportation (Department), under the authority in 75 Pa.C.S. § 6103 (relating to promulgation of rules and regulations by department), amends §§ 43.1 and 43.9 (relating to purpose; and bond) and rescinds § 43.11 to read as set forth in Annex A. This rulemaking is being submitted as a final regulation with proposed rulemaking omitted under section 204 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1204), known as the Commonwealth Documents Law (CDL). Insofar as these sections have been superseded by amendments to 75 Pa.C.S. (relating to Vehicle Code), specifically 75 Pa.C.S. § 7502.1(a) (relating to supersession), public notice of the proposed rulemaking is unnecessary, impractical and contrary to the public interest under 204(c) of the CDL.
Purpose of Chapter 43
The purpose of Chapter 43 (relating to temporary registration cards and plates) is to establish the rules and regulations governing the issuance of temporary registration plates and cards by authorized agents of the Department.
Purpose of the Final-Omitted Rulemaking
The purpose of this final-omitted rulemaking is to amend or rescind the parts of Chapter 43 that have been expressly superseded by 75 Pa.C.S. § 7502.1(a). Section 7502.1 of 75 Pa.C.S. provides that Department regulations regarding the amount of a bond, hearings, written warnings, suspensions, revocations and fines do not apply to an agent service under contract with the Department. As required under 75 Pa.C.S. § 7501 (relating to authorization of messenger and agent services), agent services are now performed under contract with the Department.
Persons and Entities Affected
This final-omitted rulemaking will not affect persons or entities as the affected sections were expressly superseded by 75 Pa.C.S. § 7502.1(a).
Fiscal Impact
This final-omitted rulemaking will not result in the expenditure of additional funds by the Commonwealth or local municipalities.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on August 10, 2012, the Department submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. On the same date, the regulations were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101—732-506).
Under section 5.1(j.2) of the Regulatory Review Act, on September 19, 2012, the final-omitted rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on September 20, 2012, and approved the final-omitted rulemaking.
Sunset Provisions
The Department is not establishing a sunset date.
Contact Person
The contact person for this final-omitted rulemaking is Andrew C. Cleaver, Department of Transportation, Bureau of Motor Vehicles, Customer Service Division, 4th Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104, acleaver@pa.gov.
Order
The Department orders that:
(a) The regulations of the Department, 67 Pa. Code Chapter 43, are amended by deleting § 43.11 and by amending §§ 43.1 and 43.9 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality and form, as required by law.
(c) The Secretary shall certify this order and Annex A and deposit the same with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
BARRY J. SCHOCH, P.E.,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 42 Pa.B. 6352 (October 6, 2012).)
Fiscal Note: 18-428. No fiscal impact; (8) recommends adoption.
Annex A TITLE 67. TRANSPORTATION PART I. DEPARTMENT OF TRANSPORTATION Subpart A. VEHICLE CODE PROVISIONS ARTICLE III. REGISTRATION CHAPTER 43. TEMPORARY REGISTRATION CARDS AND PLATES § 43.1. Purpose.
This chapter established rules and regulations governing the issuance of temporary registration plates and cards by authorized dealers, manufacturers, full agents and card agents under 75 Pa.C.S. §§ 1310 and 1331 (relating to temporary registration cards; and issuance and reissuance of registration plates).
§ 43.9. Bond.
(a) Authorized dealers, manufacturers and full agents to be bonded. Every authorized dealer, manufacturer and full agent shall file and maintain with the Bureau a bond executed by a surety company authorized to transact business in this Commonwealth. The bond shall be for the use and benefit of the Commonwealth and a person who has sustained a monetary loss within the limitations of the bond as specified in subsection (d).
(b) Amount of bond. Issuing agents, other than card agents, shall be bonded in the amount as set forth in the Agent Services Agreement.
(c) Decrease in amount of bond. If the amount of the bond is decreased, or if there is a final judgment outstanding against the bond, the right of the authorized dealer, manufacturer or full agent to issue temporary registration cards and plates will be suspended until steps are taken, satisfactory to the Bureau, to restore the original amount of the bond, provide additional bond or satisfy the judgment.
(d) Limitations of bond. The bond required under this section shall cover transactions in which the Commonwealth or a person specified in subsection (a) has sustained a monetary loss due to the agent, dealer or manufacturer submitting a dishonored or uncollectible check to the Commonwealth (including protest and uncollectible check fees), or failing to remit to the Commonwealth a fee or tax when the monetary loss is incurred in connection with the business of the dealer or manufacturer. A check which is dishonored upon presentment, or an application for title or registration which is received without a required fee or tax, shall constitute a monetary loss. Failure to pay a monetary penalty within 45 days of assessment shall also constitute a monetary loss. The bond required under this section may not cover a loss for a transaction which is not mentioned in this subsection relating to the issuance of temporary registration cards or plates in connection with the business of the dealer, manufacturer or full agent. If the dealer, manufacturer or full agent has one or more branch offices, the amount of the bond shall be as specified in the Agent Services Agreement.
(e) Bond already on file. An authorized dealer, manufacturer or full agent who has filed a bond with the Commonwealth will not be required to file a separate bond under this section, if the bond already on file with the Commonwealth is in the name of the Commonwealth and at least equal to the amount and coverage of the bond required under this section.
(f) Acceptance. The surety and terms of bonds or riders shall be subject to review and acceptance by the Bureau.
(g) Change of address. When a change of address occurs, a stipulation or rider to the original bond shall be submitted for the new address.
(h) Authorized claims. The Bureau has the right to make and settle claims upon the bond with the surety company on behalf of the Commonwealth and a person who has incurred a monetary loss as specified in subsection (a). The Bureau will, upon written request, assign this right to a person for that person's claim; however, in this event, the Commonwealth is released from any duty to the person towards obtaining satisfaction of that person's claim. The Commonwealth will have priority, to the exclusion of all others, in receiving payment from the surety. If the aggregate amount of valid claims exceeds the amount of the bond, priority for the payment of claims shall be as follows:
(1) Claims made by the Commonwealth.
(2) Claims made by the Commonwealth for persons.
(3) Claims made by persons who obtained assignment from the Bureau.
§ 43.11. (Reserved).
[Pa.B. Doc. No. 12-1946. Filed for public inspection October 5, 2012, 9:00 a.m.]
