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PA Bulletin, Doc. No. 06-978

RULES AND REGULATIONS

Title 67--TRANSPORTATION

DEPARTMENT OF TRANSPORTATION

[67 PA. CODE CH. 63]

Proportional Registration of Fleet Vehicles

[36 Pa.B. 2684]
[Saturday, June 3, 2006]

   The Department of Transportation, Bureau of Motor Vehicles (Bureau), under 75 Pa.C.S. §§ 6103 and 7501--7506, amends Chapter 63 (relating to proportional registration of fleet vehicles) to read as set forth in Annex A.

Purpose of this Chapter

   The purpose of this chapter 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 Final-Form Rulemaking

   The purpose of this final-form rulemaking is to extend the term of the temporary permits under this chapter and to update the chapter with the current fees for registration and titling in 75 Pa.C.S. Chapter 19 (relating to fees).

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

   This final-form rulemaking will not require additional expenditure by the Bureau or 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 the notice of proposed rulemaking, published at 34 Pa.B. 5159 (September 18, 2004), to Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees for review and comment.

   Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. No comments were received from the public, IRRC or the House and Senate Committees.

   Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on March 15, 2006, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, this final-form rulemaking was deemed approved by IRRC effective April 18, 2006, confirmed at the meeting of IRRC on April 19, 2006.

Sunset Date

   The Department is not establishing a sunset date for these regulations, as these regulations are needed to administer provisions of 75 Pa.C.S. (relating to the Vehicle Code). The Department, however, will continue to closely monitor these regulations for their effectiveness.

Contact Person

   The contact person for this final-form rulemaking is Joseph Centurione, Manager, Customer Service Division, Bureau of Motor Vehicles, 1101 S. Front Street, Harrisburg, PA 17104, (717) 787-2304.

Order

   The Department orders that:

   (a)  The regulations of the Department, 67 Pa. Code Chapter 65, are amended by amending §§ 63.4, 63.51, 63.52, 63.116--63.118 and 63.122 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.

   (b)  The Secretary of the Department shall submit this order and Annex A the Office of General Counsel and the Office of Attorney General for approval as to legality and form, as required by law.

   (c)  The Secretary shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall become effect upon publication in the Pennsylvania Bulletin.

ALLEN D. BIEHLER, P.E.,   
Secretary

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 2251 (May 6, 2006).)

   Fiscal Note:  Fiscal Note 18-396 remains valid for the final adoption of the subject regulations.

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 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 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 60 days from 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 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 $4.50.

§ 63.117.  Duplicate cab cards.

   The fee for each duplicate cab card shall be $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 is $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 $6.

§ 63.122.  Nontitled fleet registration.

   The fee for establishing a registration record for an apportioned vehicle not titled in this Commonwealth is $22.50.

[Pa.B. Doc. No. 06-978. Filed for public inspection June 2, 2006, 9:00 a.m.]



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