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PA Bulletin, Doc. No. 14-2553

RULES AND REGULATIONS

Title 67—TRANSPORTATION

DEPARTMENT OF TRANSPORTATION

[ 67 PA. CODE CH. 47 ]

Display of Registration Plates

[44 Pa.B. 7725]

 The Department of Transportation (Department), under the authority in 75 Pa.C.S. § 1332 (relating to display of registration plate), amends §§ 47.2 and 47.4 (relating to location; and validating stickers) to read as set forth in Annex A.

Purpose of this Chapter

 The purpose of Chapter 47 (relating to display of registration plates) is to designate the manner in which registration plates are to be displayed on vehicles as prescribed by 75 Pa.C.S. § 1332.

Purpose of this Final-Form Rulemaking

 The purpose of this final-form rulemaking is to update the location and manner of attachment requirements with respect to persons with disability, disabled veterans and severely disabled veterans registration plates. The final-form rulemaking establishes the required location of a second registration plate, if one is issued. In addition, the act of November 25, 2013 (P. L. 974, No. 89) amended 75 Pa.C.S. § 1332(d) as follows: ''Validating registration stickers shall not be issued or required to be displayed.'' The amendment will become effective December 31, 2016. Consequently, as of December 31, 2016, § 47.4 will be rendered null and void. An Editor's Note is added to that effect.

Summary of Comments and Changes in the Final-Form Rulemaking

 Notice of proposed rulemaking was published at 44 Pa.B. 2642 (May 3, 2014). The proposed rulemaking was also submitted to the Independent Regulatory Review Commission (IRRC) and the House and Senate Transportation Committees.

 Comments or objections were not received from the public, the House and Senate Transportation Committees or IRRC. Consequently, substantive changes have not been made. A change was made to § 47.2 to add clarity following a publication error. Furthermore, a change was made to the Editor's Note to § 47.4 to clarify that the Department will promulgate a regulation in the future to formally rescind this section.

Persons and Entities Affected

 This final-form rulemaking affects a vehicle owner who has a person with disability, disabled veteran or severely disabled veteran registration plate who intends to mount a second plate on a carrier attached to the rear of his vehicle for the purpose of transporting a wheelchair or similar personal assistive mobility equipment.

 The elimination of the requirement for the Department to issue and the registrant to display a validating registration sticker will have a positive effect on all registrants due to the significant cost savings achieved by the elimination.

Fiscal Impact

 The cost to the Commonwealth for § 47.2(c) is estimated to be $2.73 to mail each double plate configuration to vehicle owners who request them, as well as $3.60 to produce each double plate configuration and approximately $37,500 for system updates to record the issuance of these plates. Since it is not known how many vehicle owners will request the plates available under § 47.2(c), a total cost impact cannot be provided. The fiscal impact to vehicle owners is limited to those vehicle owners who choose to apply for the dual plate configuration. These vehicle owners will pay fees as established in 75 Pa.C.S. (relating to Vehicle Code).

 By eliminating validation stickers, the Department will annually save approximately $1 million. Customers will no longer need to apply for replacement validation stickers at a cost of $7.50 per replacement sticker.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 22, 2014, the Department submitted a copy of the notice of proposed rulemaking, published at 44 Pa.B. 2642, to IRRC and 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. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.

 Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on October 22, 2014, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 23, 2014, and approved the final-form rulemaking.

Sunset Provisions

 The Department is not establishing a sunset date for the amendment to § 47.2(c) because this section needed to administer provisions required under 75 Pa.C.S. The Department, however, will continue to closely monitor the regulation for its effectiveness. However, by operation of the amendment to 75 Pa.C.S., § 47.4 will sunset as of December 31, 2016.

Contact Person

 The contact person for this regulation is Kristen Singer, Manager, Customer Service Division, Department of Transportation, Bureau of Motor Vehicles, Riverfront Office Center, 1101 South Front Street, Harrisburg, PA 17104, (717) 787-2171.

Findings

 The Department finds that:

 (1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

 (2) A public comment period was provided as required by law and the comments were considered.

 (3) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified in this preamble.

Order

 The Department orders that:

 (a) The regulations of the Department, 67 Pa. Code Chapter 47, are amended by amending §§ 47.2 and 47.4 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 to the Office of General Counsel and the Office of Attorney General for approval as to legality and from, 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 take effect upon publication in the Pennsylvania Bulletin.

BARRY J. SCHOCH, PE, 
Secretary

 (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 44 Pa.B. 7145 (November 8, 2014).)

 Fiscal Note: Fiscal Note 18-450 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 47. DISPLAY OF REGISTRATION PLATES

§ 47.2. Location.

 (a) Single plate. A single registration plate shall be located on the rear of the vehicle so as to be illuminated by the license plate light required by 75 Pa.C.S. § 4303(b) (relating to general lighting requirements), except that the registration plate of a truck-tractor shall be located on the front of the vehicle.

 (b) Two plates. If two registration plates are issued for a single vehicle, one registration plate shall be located on the rear of the vehicle as prescribed in subsection (a), and the other on the front of the vehicle.

 (c) Two plates and an attached carrier. If two person with disability, disabled veteran or severely disabled veteran registration plates are issued for a vehicle which has a carrier attached to the rear for the purposes of transporting a wheelchair or similar personal assistive device, one plate shall be affixed to the rear of the vehicle as prescribed by subsection (a) and the other shall be affixed to the rear of the carrier instead of affixing the plate to the front of the vehicle.

§ 47.4. Validating stickers.

 (Editor's Note: The act of November 25, 2013 (P. L. 974, No. 89) amended 75 Pa.C.S. § 1332(d) (relating to display of registration plate) as follows: ''Validating registration stickers shall not be issued or required to be displayed.'' The amendment is effective December 31, 2016. As of December 31, 2016, this section is rendered null and void and the Department will promulgate a regulation to formally rescind § 47.4).

 (a) Issuance. The Department of Transportation will issue validating stickers upon renewal of a vehicle registration or, if the vehicle registered had a temporary registration, to indicate that registration has been completed and the temporary registration status terminated.

[Pa.B. Doc. No. 14-2553. Filed for public inspection December 12, 2014, 9:00 a.m.]

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