Section 63.51. Pennsylvania temporary authorization certificates

(a) General rule. Temporary authorization certificates may be obtained from the Commercial Registration Section in bulk, by registrants with five or more apportionable vehicles, for use on an additional vehicle or when it is necessary to increase a vehicle’s registered weight. The registrant’s fees on its original apportioned registration application shall be paid prior to approval of the request for temporary authorization certificates. Temporary authorization certificates are not transferable and may not be used by another carrier. A temporary authorization certificate is valid for 60 days from the date of its first use. A temporary authorization certificate may not be used in conjunction with 75 Pa.C.S. § 1311(c) (relating to registration card to be signed and exhibited on demand) to avoid prosecution under 75 Pa.C.S. § 1301 (relating to registration and certificate of title required).

(b) Application security requirements. The initial application for temporary authorization certificates shall be accompanied by an irrevocable letter of credit from a bank naming the Department as sole beneficiary, or by a bond executed by a surety company, authorized to do business in this Commonwealth, naming the Department as obligee. The letter or bond shall be:

(1) Established in the amount equal to 50% of the fee for registering a truck or combination at 80,000 pounds gross weight times the number of temporary authorization certificates to be purchased, up to a maximum of 25 certificates.

(2) Maintained for 3 years from the date of application.

(3) Used by the Department to cover unpaid fees due to the Department for temporary authorization certificates.

(c) Conditions for renewal of security. If the Department has not made a claim against the letter of credit or bond to cover unpaid fees during the 3-year period, a new bond or letter of credit will not be required.

(d) Use. The carrier shall complete the temporary authorization certificate by typewriter or in ink at the time it is to be used. The original copy shall be mailed within 5 days to the Commercial Registration Section with a supplemental registration application; the second copy shall be carried in the cab of the vehicle; and the third copy shall be retained by the carrier. If a temporary authorization certificate must be voided because it is filled out incorrectly, the original and second copy shall be sent to the Commercial Registration Section immediately with an explanation.

(e) Cancellation. If a registrant desires to cancel a temporary authorization certificate after the original copy has been forwarded to the Commercial Registration Section and avoid paying the registration fee, the second copy shall also be forwarded to the Section within 5 days of the date of completion; otherwise the registrant shall pay the supplemental registration fees as provided in § 63.35 (relating to changes in apportionable vehicle fleets).

(f) Effect of late application. The Department may suspend the proportional registration privileges of a carrier who does not file within 5 days a supplemental application for proportional registration of a vehicle for which the carrier issued a temporary authorization certificate. The suspension will be in effect until the proportional registration of the additional vehicle is completed. Transfer credit will not be allowed for the vehicle.

(g) Return of certificates. A carrier who discontinues business, has not issued a temporary authorization certificate within a year, fails to renew apportioned registration with this Commonwealth, has its registration suspended or canceled or is so ordered by the Department, shall within 5 days return unused temporary authorization certificates to the Bureau.

(h) Security and theft. Carriers shall keep temporary authorization certificates in a secure place, such as a locked cabinet. The carrier shall notify the Bureau within 5 days of the loss or theft of temporary authorization certificates. Loss or theft on the second occasion will result in the cancellation of the carrier’s privilege to obtain and issue temporary authorization forms.

(i) Misuse. A carrier who misuses or fails to report the loss or theft of a temporary authorization certificate will be assessed a fee for each certificate misused, lost or stolen, equal to the full annual registration fee for a truck-tractor in the registered gross combination weight class of 80,000 pounds. The Department, upon making a determination that a registrant has misused temporary authorization certificates, may also require the registrant to comply with the security requirements specified in subsection (b). Misuse on the second occasion will result in the cancellation of the carrier’s privilege to obtain and issue temporary authorization forms. Misuse, as referred to in this section, includes the following:

(1) The failure to transmit, to the Commercial Registration Section, an application for apportioned registration within 5 days after issuing a temporary authorization certificate.

(2) The failure to remit apportionable fees for vehicles issued temporary authorization certificates.

(3) The issuance of temporary authorization certificates with incorrect weight information.

(4) The issuance of temporary authorization certificate forms with incomplete information or dates.

(5) The transfer of a temporary authorization certificate to a vehicle for which it is not originally issued.

(6) The consignment of a temporary authorization certificate to another carrier.

(7) The failure to transmit to the Commercial Registration Section, within 30 days, the documents necessary to title an apportioned vehicle after issuing a temporary authorization certificate.

(8) The failure to transmit to the Commercial Registration Section, the Department’s copy of a temporary authorization certificate within 5 days after issuance.

(9) The issuance of a temporary authorization certificate other than in the prenumbered order.

(10) The utilization of fraudulent information when issuing a temporary authorization certificate.

(11) The issuance of temporary authorization certificates for states other than those for which the fleet is apportioned.

(12) The issuance of a temporary authorization certificate for a vehicle after the vehicle has been placed in service and operated on the highways.

The provisions of this § 63.51 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 278; amended June 2, 2006, effective June 3, 2006, 36 Pa.B. 2684. Immediately preceding text appears at serial pages (260016) to (260018).

Notation

Authority

The provisions of this § 63.51 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 7501—7506.

Cross References

This section cited in 67 Pa. Code § 63.119 (relating to temporary authorization certificate); and 67 Pa. Code § 63.123 (relating to refunds).