2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 13 - Registration of Vehicles
1374 - Suspension or revocation of vehicle business registration plates.

     § 1374.  Suspension or revocation of vehicle business
                registration plates.
        (a)  Suspension or revocation after opportunity for
     hearing.--The department may impose a monetary penalty for
     certain violations and offenses as prescribed by regulation or
     this section or suspend or revoke registration plates for
     dealers, manufacturers or members of the "Miscellaneous Motor
     Vehicle Business" class after providing an opportunity for a
     hearing in any of the following cases when the department finds
     upon sufficient evidence that:
            (1)  Except as provided in subsection (g)(1) the
        registrant is no longer entitled to licensing as a dealer or
        manufacturer or to registration in the "Miscellaneous Motor
        Vehicle Business" class.
            (2)  The registrant has made or permitted to be made any
        unlawful use of the vehicle or registration plate or plates
        or registration card or permitted the use by a person not
        entitled thereto.
            (3)  The registrant has knowingly made a false statement
        or knowingly concealed a material fact or otherwise committed
        a fraud in any application.
            (4)  The registrant has failed to give notice of transfer
        of ownership or of the destruction or junking of any vehicle
        when and as required by this title.
            (5)  The registrant has failed to deliver to a transferee
        lawfully entitled thereto or to the department, when and as
        required by this title, a properly assigned certificate of
        title.
            (6)  The registrant has repeatedly violated any of the
        provisions of this title.
            (7)  Any fee payable to the Commonwealth in connection
        with the operation of the business of the registrant has not
        been paid.
        (b)  Mitigating events.--The opportunity for a hearing as
     authorized by subsection (a) shall include the consideration of
     relevant mitigating events as prescribed by regulation for
     violations and offenses of subsection (a)(2), (5) and (7).
        (c)  Written warning for first offense.--If the registrant
     violates subsection (a)(2), (5) or (7) as a first offense, the
     department shall sanction the registrant with a written warning
     without providing the opportunity for a hearing.
        (d)  Schedule of sanctions.--The department shall impose the
     following sanctions for violations:
            (1)  If the department finds that the registrant has
        violated subsection (a)(5) or (7) as a second offense, the
        registrant may be sanctioned with a monetary penalty of not
        less than $50 and not more than $100 per violation.
            (2)  If the department finds that the registrant has
        violated subsection (a)(5) or (7) as a third offense, the
        registrant may be sanctioned with a monetary penalty of not
        less than $100 and not more than $200 per violation.
            (2.1)  If the department finds that the registrant has
        violated subsection (a)(5) as a fourth or subsequent offense,
        the department may suspend for not less than three months or
        revoke the registration plates and cards of the registrant.
            (3)  A monetary penalty imposed for a violation of
        subsection (a)(5) shall be in addition to the requirement
        that the registrant deliver a properly assigned certificate
        of title. Unless extended by the department, if the
        registrant fails to pay the monetary penalty or to deliver
        the certificate of title within 45 days after notice was sent
        by the department, except as otherwise provided by section
        1377 (relating to judicial review), the department shall
        suspend the registrant's registration plates until the
        monetary penalty has been paid and the title delivered.
            (4)  A monetary penalty imposed for a violation of
        subsection (a)(7) shall be in addition to payment of the
        original amount due for taxes and fees and any other penalty
        provided by law for submission of an uncollectible or
        dishonored check. Unless extended by the department, if the
        registrant fails to pay the monetary penalty, the original
        amount due or any other penalty within 45 days after notice
        was sent by the department, except as otherwise provided by
        section 1377, the department shall suspend the registrant's
        registration plates until all fees, taxes and penalties have
        been paid.
            (5)  A violation of subsection (a)(2) or (5) shall remain
        on the registrant's record for a period of 18 months from the
        date that the violation was sanctioned by the department. If
        the registrant does not commit another violation of
        subsection (a)(2) or (5) within that 18-month period, the
        department shall rescind from the registrant's record the
        prior sanction that was imposed. After rescission of the
        prior sanction, if the registrant thereafter commits a
        subsequent violation of subsection (a)(2) or (5), that
        violation shall be considered the same degree of offense as
        was previously imposed, unless more than three years have
        elapsed since the last date that the registrant was
        sanctioned for a violation of subsection (a)(2) or (5), in
        which case said subsequent violation shall be deemed a first
        offense.
            (6)  If the department has previously given notice of,
        and considered at a departmental hearing, violations of
        subsection (a)(5), no sanction shall be imposed for an
        alleged violation of subsection (a)(5) which was not included
        within said notice if said violation occurred prior to the
        date of the notice, the department's records reflected that
        the violation existed and the violation could have been
        included in the notice as an additional subject of the
        departmental hearing.
            (7)  If a registrant is sanctioned pursuant to subsection
        (c) or paragraph (1) or (2) or the corresponding provisions
        of departmental regulations, 67 Pa. Code Ch. 53 (relating to
        manufacturers, dealers and miscellaneous motor vehicle
        businesses registration plates), and the department also
        sanctions the registrant for corresponding violations as an
        issuing agent pursuant to departmental regulations, 67 Pa.
        Code Ch. 43 (relating to temporary registration cards and
        plates), the department shall only impose the sanction
        prescribed by this section or the corresponding section of 67
        Pa. Code Ch. 53. Notwithstanding, the department shall note
        the offense pertaining to the registrant and the offense
        pertaining to the issuing agent upon each record, and the
        department shall consider each record when calculating
        second, third or subsequent offenses by the registrant and
        the issuing agent.
        (e)  Hearing.--Until regulations are prescribed by the
     department as authorized by subsection (b), the hearing shall
     include the consideration of relevant mitigating events for a
     violation of subsection (a)(2), (5) or (7).
        (f)  Interim regulations.--Until such regulations are
     prescribed by the department as authorized by subsections (a)
     and (b), the applicable departmental regulations as currently
     promulgated shall remain in full force and effect, except as
     specifically superseded by the provisions of subsections (c),
     (d) and (e).
        (g)  Suspension without hearing.--The department may suspend
     or revoke registration plates for dealers, manufacturers or
     members of the "Miscellaneous Motor Vehicle Business" class
     without providing the opportunity for a hearing in any of the
     following cases:
            (1)  The registrant's license as a dealer or manufacturer
        has been suspended or revoked by the State Board of Vehicle
        Manufacturers, Dealers and Salespersons or the board has
        determined that the registrant is not entitled to such a
        license.
            (2)  If the Pennsylvania State Police shall certify that
        the dealer, manufacturer or member of the "Miscellaneous
        Motor Vehicle Business" class is no longer in business.
        (h)  Recommended action by State licensing board.--The
     department may also audit and investigate dealers and
     manufacturers registered by the State Board of Vehicle
     Manufacturers, Dealers and Salespersons to determine whether any
     dealer or manufacturer has violated any provision of this title
     pertaining to dealers or manufacturers or any regulation
     promulgated by the department. The department may recommend that
     the State Board of Vehicle Manufacturers, Dealers and
     Salespersons suspend the license of any dealer or manufacturer
     which it finds has committed a violation and the board shall
     take prompt action on any such recommendations under the act of
     December 22, 1983 (P.L.306, No.84), known as the Board of
     Vehicles Act.
     (July 10, 1990, P.L.356, No.83, eff. 30 days; June 28, 1993,
     P.L.137, No.33, eff. 60 days; July 11, 1996, P.L.660, No.115,
     eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days)

        1998 Amendment.  Act 151 amended subsecs. (d)(5) and (e).
        1996 Amendment.  Act 115 amended subsec. (d).
        Cross References.  Section 1374 is referred to in section
     1376 of this title.