PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CH. 17 ]
Authorization to Verify Identification Number
[42 Pa.B. 5627]
[Saturday, September 1, 2012]The Department of Transportation (Department), under the authority in 75 Pa.C.S. §§ 1103.1 and 6103 (relating to application for certificate of title; and promulgation of rules and regulations by department), proposes to amend Chapter 17 (relating to authorization to verify identification number) to read as set forth in Annex A.
Purpose of this Chapter
The purpose of Chapter 17 is to designate those persons who are authorized to verify the vehicle identification number of a vehicle in connection with an application for certificate of title when it is impossible to obtain either a legible tracing or a photograph of the vehicle identification number.
Purpose of the Proposed Amendments
The purpose of this proposed rulemaking is to clarify and expand the listing of persons who are authorized to verify the vehicle identification number of a vehicle, limit the type of vehicle identification number that persons other than the State Police may verify and provide greater specificity for the vehicle identification number verification process.
Summary of Significant Proposed Amendments
Proposed amendments to §§ 17.1 and 17.2 (relating to purpose; and applicability) clarify that persons authorized under this chapter may verify the ''public'' vehicle identification number which is generally readily visible on the dashboard or elsewhere on the vehicle. Section 17.2(3) is proposed to be deleted upon the recommendation of the Pennsylvania Association of Notaries and others affected by this chapter.
Proposed § 17.3(4) (relating to authorized persons) includes authorized employees or agents of the Department to also perform verifications of public vehicle identification numbers. Proposed § 17.4 (relating to verification process) describes the process for verification of the vehicle identification number, including referral to the State Police if the ''public'' vehicle identification number cannot be verified. Proposed § 17.5 (relating to validation process) provides for validation of the identity of the authorized person performing the verification.
Persons and Entities Affected
This proposed rulemaking will affect applicants seeking a certificate of title for a vehicle which was last previously titled or registered in another state or country as well as those persons authorized to perform vehicle identification numbers under Chapter 17.
Fiscal Impact
Implementation of this proposed rulemaking will not require the expenditure of significant additional funds by the Commonwealth or local municipalities. Minimal additional effort or paperwork will be required to validate the identity of the person performing the verification.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 21, 2012, 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.
Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin following appropriate evaluation of comments, suggestions or objections received during the period allowed for public comment.
Sunset Provisions
The Department is not establishing a sunset date for these regulations since these regulations are needed to administer provisions required under 75 Pa.C.S. (relating to Vehicle Code). The Department, however, will continue to closely monitor these regulations for effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking Penni Bernard, Customer Service Division, Department of Transportation, 3rd Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104, pbernard@state.pa.us within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin.
Contact Person
The contact person for this proposed rulemaking is Penni Bernard, Customer Service Division, Department of Transportation, 3rd Floor, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104, pbernard@state.pa.us.
BARRY J. SCHOCH, P.E.,
SecretaryFiscal Note: 18-419. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE II. TITLE
CHAPTER 17. AUTHORIZATION TO VERIFY IDENTIFICATION NUMBER § 17.1. Purpose.
The purpose of this chapter is to designate those persons who are authorized to verify the public vehicle identification number of a vehicle in connection with an application for certificate of title [where] when it is impossible to obtain either a legible tracing or a photograph of the vehicle identification number, as required by 75 Pa.C.S. § 1103.1(e) (relating to application for certificate of title).
§ 17.2. Applicability.
[Verification shall be] Visual verification is required in the following situations when it is impossible to obtain a signed and dated legible tracing or photograph of the public vehicle identification number located on the vehicle:
(1) When a Pennsylvania resident acquires a new or used vehicle from a nonresident [for use in] of this Commonwealth.
* * * * * [(3) When the application for initial certificate of title is for a truck, truck-tractor, or motor home, regardless of source of ownership.]
§ 17.3. Authorized persons.
The following persons [shall be] are authorized to inspect and verify [that the] a public vehicle identification number [conforms with the description given in the application]:
* * * * * (2) A notary public employed by one of the following:
* * * * * (ii) An authorized full agent or card agent, as defined in Chapter 43 (relating to temporary registration cards and plates).
(3) If the vehicle is located outside of this Commonwealth one of the following:
* * * * * (iii) An armed forces installation provost marshal or motor officer.
(4) An authorized Department employee or agent of the Department in the performance of his official duties.
(Editor's Note: The following sections are new and printed in regular type to enhance readability.)
§ 17.4. Verification process.
An authorized person can only verify the vehicle identification number when verification is undertaken as part of the performance of his official duties.
(1) The authorized person shall physically check the public vehicle identification number located on the vehicle and determine if the number conforms with the description given in the application.
(2) When the actual number located on the vehicle does not exactly match the number on the application, the authorized person may not sign, indicate or otherwise verify that the number conforms with the description given in the application and shall refer the applicant to the State Police for physical verification of the nonpublic vehicle identification number.
§ 17.5. Validation process.
The verification of the public vehicle identification number shall be signed by the authorized person performing the verification. The signature must be accompanied by:
(1) The printed name of the authorized person.
(2) An identification number for the authorized person, such as badge number, notary number, employee number, dealer number, mechanic identification or other identification number.
[Pa.B. Doc. No. 12-1683. Filed for public inspection August 31, 2012, 9:00 a.m.]
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