Pennsylvania Code
Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 98-1766

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[28 Pa.B. 5439]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Tuesday, October 6, 1998, and took the following actions:

Regulation Approved:

   #1761 Department of Transportation #18-337: Temporary Registration Cards and Plates (amends 67 Pa. Code Chapter 43).

Commissioners Present: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
October 6, 1998

Department of Transportation--Temporary Registration Cards and Plates; Regulation No. 18-337

Order

   On July 15, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Transportation (Department). This rulemaking amends 67 Pa. Code Chapter 43. The authority for this regulation is sections 1310, 1331, 1377 and 6103 of the Vehicle Code (75 Pa.C.S. §§ 1310, 1331, 1377 and 6103). The proposed regulation was published in the August 10, 1996 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 8, 1998.

   The proposal revises existing Department regulations which govern the administration of temporary registration cards and plates. Revisions to penalty provisions will allow the Department to consider mitigating circumstances; allow a monetary penalty instead of a suspension or revocation for some violations; expand coverage of the required bond to include monetary losses due to uncollected checks and failure to remit fees or taxes; and allow denial of an application to become an issuing agent if an applicant is affiliated with an ineligible person.

   We have reviewed this regulation and find it to be in the public interest. As the result of a Commonwealth Court decision, Department of Transportation, Bureau of Motor Vehicles v. Century III Chevrolet, Inc., penalties which the Department intended to be discretionary became mandatory. This proposal corrects the inconsistent use of the term ''may'' which led to the decision and reestablishes the Department's discretion in imposing sanctions.

Therefore, It Is Ordered That:

   1.  Regulation No. 18-337 from the Department of Transportation, as submitted to the Commission on September 8, 1998, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 98-1766. Filed for public inspection October 23, 1998, 9:00 a.m.]


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.