§ 43b.9. Schedule of civil penalties—vehicle manufacturers, dealers and salespersons.

STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS
AND SALESPERSONS

Violation under 35 P.S.	Title/Description	Civil Penalty
Section 637.6(a)(1)	Failure of vehicle dealer, branch lot, public or retain vehicle auction, or wholesale vehicle auction to post a sign as required under section 4 of the Clean Indoor Air Act.	1st offense—$250 2nd offense (within 1 year of  1st offense)—$500 3rd offense (within 1 year of  2nd offense)—$1,000 Subsequent offenses (within  1 year of previous  offense)—$1,000
Section 637.6(a)(2)	Vehicle dealership, branch lot, public or retail vehicle auction, or wholesale vehicle auction permitting smoking in an area where smoking is prohibited by the Clean Indoor Air Act (35 P.S. § §  637.1—637.11)	1st offense—$250 2nd offense (within 1 year of  1st offense)—$500 3rd offense (within 1 year of  2nd offense)—$1,000 Subsequent offenses (within  1 year of previous  offense)—$1,000
Section 637.6(a)(3)	Licensee of the Board smoking in an area of the vehicle dealership, branch lot, public or retail vehicle auction or wholesale vehicle auction where smoking is prohibited by the Clean Indoor Air Act	1st offense—$250 2nd offense (within 1 year of  1st offense)—$500 3rd offense (within 1 year of  2nd offense)—$1,000 Subsequent offenses (within  1 year of previous  offense)—$1,000

Violation under 63 P.S.	Title/Description	Civil Penalty
Section 818.303(a)	Person or entity engaging in business of vehicle dealer, auction, manufacturer or distributor without license or acting as broker	Each offense—$1,000
Section 818.303(a)	Person engaging in business as a factory representative or distributor representative without a license	1st offense—$100 2nd offense—$500 3rd offense—$1,000
Section 818.303(a)	Individual working as unlicensed salesperson for dealership	1st offense—$100 2nd offense—$500 3rd offense—Formal action
Section 818.303(c)	Licensed salesperson working as salesperson for dealership other than for whom salesperson is licensed	1st offense—$100 2nd offense—$500 3rd offense—Formal action
Section 818.303(d)	Failure to display license in principal office	1st offense—$100 2nd offense—$500 3rd offense—Formal action
Section 818.303(h)	Vehicle auction not posting list of revoked/suspended licensees	1st offense—$250 2nd offense—$500 3rd offense—Formal action
Section 818.318(15)	Licensed dealer employing unlicensed salesperson	1st offense—$500 2nd offense—$1,000 3rd offense—Formal action
Section 818.318(29)	Wholesale auction permitting unlicensed or revoked or currently suspended dealer or vehicle business to buy, sell or represent vehicle at auction	1st offense—$250 2nd offense—$500 3rd offense—$1,000 Subsequent offense—  Formal action
Section 818.318(30)	Dealer permitting revoked or currently suspended sales-person to sell, represent or purchase vehicle at auction	1st offense—$500 2nd offense—$1000 3rd offense—Formal action
Sections 818.303(a) and 818.318(27)	Licensed dealer operating an unlicensed branch lot	1st offense—$1,000 2nd offense—Formal action
Sections 818.303(f)(5) and (g)(1) and 818.318(38)	Person with revoked or currently suspended dealer or salesperson license physically present during auctioning of vehicles	Each offense $1,000
Section 818.318(34)	Licensed dealer conducting its business under any name other than its licensed name	1st offense—$250 2nd offense—$500 3rd offense—Formal action
Section 818.318(37)	Licensed dealer failing to produce records to an authorized agent of the Board	1st offense—$500 2nd offense—$1,000 3rd offense—Formal action

Violations under 49 Pa. Code Chapter 19	Title/Description	Civil Penalty
Section 19.17	Broker or dealer business identity combined with other businesses	1st offense—$100 2nd offense—$500
Section 19.18(1)	Dealer does not have permanent enclosed building	1st offense—$100 2nd offense—$500
Section 19.18(2)	Dealership does not have private office	1st offense—$100 2nd offense—$500
Section 19.18(3)(i)(A)	Dealer display area for five vehicles or 5,000 square feet	1st offense—$100 2nd offense—$500
Section 19.18(3)(ii)	Display lot not graded and surfaced with required material	1st offense—$100 2nd offense—$500
Section 19.18(3)(iii)	Display area separated from adjacent parking area	1st offense—$100 2nd offense—$500
Section 19.18(3)(iv)	Display area lighted if open evenings	1st offense—$100 2nd offense—$500
Section 19.18(5)	Dealer fails to maintain separate telephone line	1st offense—$100 2nd offense—$500
Section 19.18(6)	Business sign not permanent or visible to the public	1st offense—$100 2nd offense—$500
Section 19.18(7)	Dealership in violation of land use ordinances	1st offense—$100 2nd offense—$500
Section 19.18(9)	Failure to post business hours	1st offense—$100 2nd offense—$500

Authority

   The provisions of this §  43b.9 amended under the act of July 2, 1993 (P.L. 345, No. 48).

Source

   The provisions of this §  43b.9 amended December 22, 2006, effective December 23, 2006, 36 Pa.B. 7833; amended December 21, 2012, effective December 22, 2012, 42 Pa.B. 7673; amended March 6, 2020, effective March 7, 2020, 50 Pa.B. 1354. Immediately preceding text appears at serial pages (365036) to (365039).

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