PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CH. 63]
Proportional Registration of Fleet Vehicles
[34 Pa.B. 5159] The Department of Transportation (Department), Bureau of Motor Vehicles (Bureau), under 75 Pa.C.S. §§ 6103 and 7501--7506, proposes to amend Chapter 63 (relating to proportional registration of fleet vehicles) to read as set forth in Annex A.
Purpose of Chapter 63
The purpose of Chapter 63 is to establish rules and procedures to implement bilateral agreements and the International Registration Plan entered into with other jurisdictions for the registration of fleets of vehicles on an apportioned basis as authorized by 75 Pa.C.S. §§ 6142 and 6145 (relating to reciprocity agreements, arrangements and declarations authorized; and proportional registration of fleet vehicles).
Purpose of this Proposed Rulemaking
The purpose of this proposed rulemaking is to extend the term of the temporary permits under Chapter 63 and to update Chapter 63 with the current fees for registration and titling in 75 Pa.C.S. Chapter 19 (relating to fees).
Summary of Significant Provisions
In § 63.51(a) (relating to Pennsylvania temporary authorization certificates), the general rule has been amended to increase the duration of temporary authorization certificates from 30 to 60 days for a Commonwealth-based vehicle while an application for a change in fleet registration is being processed by the Bureau. The amendment is also reflected in the definition in § 63.4 (relating to definitions). The 60-day temporary registration affords a more reasonable period to operate a proportioned vehicle without the inconvenience of applying for a second or third temporary authorization certificate.
In § 63.52(d) (relating to telegrams of authority), the effective time period for a telegram of authority has been amended to increase the duration of the temporary registration from 30 to 60 days for a Commonwealth-based vehicle while an application for a change in fleet registration is being processed by the Bureau. The amendment is also reflected in the definition in § 63.4. The 60-day temporary registration affords a more reasonable period to operate a proportioned vehicle without the inconvenience of applying for a second or third temporary authorization certificate.
In §§ 63.116, 63.117, 63.118 and 63.122, the fees have been amended to be consistent with fees in 75 Pa.C.S. Chapter 19.
Persons and Entities Affected
Extension of the temporary registration period from 30 to 60 days potentially may affect approximately 15,000 apportioned carriers. The additional time will have a positive effect in allowing the Bureau to complete the title and registration work in a more reasonable period. It eliminates the need for carriers to request additional temporary registration because the application has not been processed.
Fiscal Impact
The proposed rulemaking will not require additional expenditure by the Bureau or the temporary issuing agents. Apportioned carriers may realize a cost savings by not having to request additional temporary registration.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 8, 2004, the Department 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 House and Senate Transportation Committees. 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 must 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 Department, the General Assembly and the Governor of comments, recommendations or objections raised.
Sunset Date
The Department is not establishing a sunset date for this proposed rulemaking because it is needed to administer provisions of 75 Pa.C.S. (relating to the Vehicle Code). The Department, however, will continue to closely monitor this proposed rulemaking for effectiveness.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Kurt Myers, Director, Bureau of Motor Vehicles, 1101 S. Front St., Harrisburg, PA 17104 within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin.
Contact Person
The contact person for this proposed rulemaking is Joseph Centurione, Manager, Customer Service Division, Bureau of Motor Vehicles, 1101 S. Front Street, Harrisburg, PA 17104, (717) 787-2304.
ALLEN D. BIEHLER, P. E.,
SecretaryFiscal Note: 18-396. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE III. REGISTRATION
CHAPTER 63. PROPORTIONAL REGISTRATION OF FLEET VEHICLES
Subchapter A. GENERAL PROVISIONS § 63.4. Definitions.
The following words and terms, when used in this chapter have the following meanings, unless the context clearly indicates otherwise:
* * * * * Telegram of authority--A temporary registration transmitted by a wire service authorizing the operation of a Commonwealth-based vehicle for [30] 60 days while application for a change in fleet registration is being processed by the Bureau.
Temporary authorization certificate--A temporary registration authorizing the operation of a Commonwealth-based vehicle for [30] 60 days while application for a change in fleet registration is being processed by the Bureau.
* * * * *
Subchapter D. TEMPORARY REGISTRATION § 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 [30] 60 days for 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).
* * * * * § 63.52. Telegrams of authority.
* * * * * (d) Effect of telegram. A telegram of authority issued by the Department is valid for [30] 60 days. An extension of a telegram of authority may be granted if, in the judgment of the Department, the supplemental application for proportional registration was submitted and fees were paid on a timely basis but there was insufficient time to process the application and forward the credentials to the carrier.
* * * * *
Subchapter G. FEES § 63.116. Cab cards.
The fee for a cab card issued in connection with the filing of an application requiring no Pennsylvania registration fees[,] is [$3] $4.50.
§ 63.117. Duplicate cab cards.
The fee for each duplicate cab card [shall be $1] is $1.50 when ordered at the time of vehicle registration or transfer, or renewal of registration. The fee for each duplicate cab card ordered at any other time shall be [$3] $4.50.
§ 63.118. Transfer of registration.
The fee for transfer of registration from a vehicle within an apportioned fleet to another vehicle within the same fleet or another apportioned fleet of the same carrier is [$4] $6.
§ 63.122. Nontitled fleet registration.
The fee for establishing a registration record for an apportioned vehicle not titled in this Commonwealth is [$15] $22.50.
[Pa.B. Doc. No. 04-1715. Filed for public inspection September 17, 2004, 9:00 a.m.]
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