PROPOSED RULEMAKING
STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS
[49 PA. CODE CH. 19]
Emergency Vehicles
[33 Pa.B. 4687] The State Board of Vehicle Manufacturers, Dealers and Salespersons (Board) proposes to amend § 19.18 (relating to established place of business for dealers) to create an exception to the size of the display area required of a vehicle dealer who sells only new firefighting equipment or other emergency service vehicles to read as set forth in Annex A.
Effective Date
The proposed rulemaking will be effective upon publication of final-form rulemaking in the Pennsylvania Bulletin.
Statutory Authority
The proposed rulemaking is authorized under section 4(a)(9) of the Board of Vehicles Act (63 P. S. § 818.4(a)(9)).
Background and Need for the Proposed Rulemaking
The Board's current regulations require all vehicle dealers to maintain a display lot large enough to display five vehicles of the type the dealer normally sells. Vehicle dealers who sell only new firefighting and emergency service vehicles contacted the Board to explain that these vehicles are sold only on special order, are built to specification by the manufacturer and are delivered by the manufacturer directly to the customer. The Board concluded that the current display area size requirement in § 19.18(3)(i) creates a hardship on these dealers because of the large square footage required to display five of these vehicles, which are not usually displayed at the dealerships. In addition, the regulation is not necessary to protect the public. Therefore, the Board proposes to exempt licensed vehicle dealers who sell only new firefighting or other emergency service vehicles from the minimum display area requirements in § 19.18(3)(i).
Description of Proposed Rulemaking
The proposed rulemaking would exempt licensed vehicle dealers who sell only new firefighting or emergency service vehicles from the requirement that their established place of business include a display area large enough to display at least five of these types of vehicles.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking will impose no additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
Sunset Date
The Board continuously monitors the effectiveness of its regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 9, 2003, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Teresa Woodall, Administrative Assistant, State Board of Vehicle Manufacturers, Dealers and Salespersons, P. O. Box 2649, Harrisburg, PA 17105-2649, vehicle@pados.state.pa.us within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
EDWARD J. CERNIC, Jr.,
ChairpersonFiscal Note: 16A-606. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND
VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
OCCUPATIONAL AFFAIRS
CHAPTER 19. STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS
DEALERSHIP LICENSE § 19.18. Established place of business for dealers.
A licensed dealer shall maintain an established place of business that meets the following criteria:
* * * * * (3) Display area. The dealership shall have a display area--whether indoors, outdoors or partly indoors and partly outdoors--where the public is permitted and invited in the regular course of business to inspect or test drive the vehicles that are being offered for sale, purchase or exchange by the dealership. The display area may not include areas of the dealership premises on which are placed vehicles that are wrecked or damaged, that are awaiting reconditioning or preparation for sale, purchase or exchange, that are being serviced or repaired, that are part of general inventory, or that are otherwise not being offered for sale, purchase or exchange to the public. The display area shall meet the following requirements:
(i) Size.
(A) The display area of a dealership that buys, sells or exchanges vehicles shall be large enough for the display of at least five vehicles--with doors opened--of the kind that are bought, sold or exchanged by the dealership. The display area of a dealership that buys, sells or exchanges recreational vehicles, manufactured housing and mobile homes shall have a display area of at least 5,000 square feet, unless exempted by section 5(e)(3) or (4) of the act (63 P. S. § 815.5(e)(3) and (4)).
(B) The minimum size display area requirements of this paragraph do not apply to a licensed vehicle dealer that sells only new firefighting or emergency service vehicles.
* * * * *
[Pa.B. Doc. No. 03-1843. Filed for public inspection September 19, 2003, 9:00 a.m.]
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