2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 75 - Messenger Service
7508 - Nonperformance.

     § 7508.  Nonperformance.
        (a)  Nonperformance factors.--It shall not be a breach of
     contract by a messenger or agent service if the department
     determines that the failure to timely submit an application,
     taxes or fees was the result of:
            (1)  an act of God;
            (2)  criminal or fraudulent action by an employee of the
        messenger or agent service which was unknown and could not
        have been prevented by the messenger or agent service unless
        the department determines that the messenger or agent
        service, or an employee of the messenger or agent service,
        altered the date of the purchase of a vehicle upon an
        application;
            (3)  a failure by a lienholder to forward a title as
        required by section 1135 (a)(1) (relating to satisfaction of
        security interest) provided the lienholder received prompt
        satisfaction; or
            (4)  criminal, fraudulent or negligent action by a
        messenger service of the department if the agent and
        messenger service are not controlled by the same person and
        the agent submitted the application, taxes or fees to the
        messenger service within 15 days of receipt by the agent
        service.
        (b)  Burden of proof.--A messenger or agent service has the
     burden to prove the existence of subsection (a)(1), (2), (3) or
     (4). The messenger or agent service shall also prove that its
     submission was in accordance with business practices requiring
     prompt submission of applications, taxes or fees to the
     department.
     (Dec. 9, 2002, P.L.1278, No.152, eff. 6 months)

        2002 Amendment.  Act 152 added section 7508.