§ 53.9. Sanctions for violations by dealer, manufacturer or miscellaneous motor vehicle business registrants.

 (a) Schedule. After providing an opportunity for a hearing, the Department may impose suspensions on a registrant according to the following schedule of violations by the registrant, when the Department finds upon sufficient evidence that:

	1st Offense	2nd Offense	3rd Offense	4th and Subsequent Offense
(1) The registrant has failed to report a change of business address before the change.	Written warning	3 months	6 months	Revocation
(2) The registrant has operated a branch office without notifying the Department.	Written warning	3 months	Revocation
(3) The registrant has made or permitted to be made an unlawful use of the vehicle, registration plates or registration cards or permitted the use by a person not entitled thereto.	1 month	3 months	Revocation
(4) The registrant has knowingly made a false statement or knowingly concealed a material fact or otherwise committed a fraud in an application submitted to the Department.	1 month	3 months	Revocation
(5) The registrant has failed to notify the Department of a change of ownership.	Written warning	3 months	6 months	Revocation
(6) The registrant has submitted documents to the Department which have been accompanied by uncollectible checks drawn on the account of the registrant.	Until all uncollectible checks, protest fees, and collection charges under the Vehicle Code are paid.	Until all uncollectible checks, protest fees, and collection charges under the Vehicle Code are paid, plus 1 month.	Until all uncollectible checks, protest fees, and collection charges under the Vehicle Code are paid, plus 6 months.	Revocation
(7) The registrant has used or has allowed the use of a motor-driven cycle or motorized pedalcycle dealer plate on a vehicle other than a motor-driven cycle or a motorized pedalcycle.	Written warning	1 month	6 months	Revocation
(8) The registrant has used or has allowed the use of a motorcycle dealer plate on a vehicle other than a motorcycle, motor-driven cycle or motorized pedalcycle, except for purposes of demonstration.	Written warning	1 month	6 months	Revocation
(9) The registrant has failed to allow inspection of the records prescribed in §  53.4 (relating to use of plates) by authorized Commonwealth employes.	1 month	3 months	Revocation
(10) The registrant has failed to properly issue or maintain records of the issuance of a dealer registration plate permit, as prescribed in §  53.4 when loaning a vehicle with a dealer plate.	Written warning	1 month	3 months	6 months
(11) The registrant has offered or paid money, gifts or other rewards to Commonwealth employes.	6 months	Revocation
(12) The registrant has failed to deliver to a lawfully entitled transferee or to the Department, when and as required by law, a properly assigned certificate of title.	Written warning	1 month	6 months	Revocation
(13) The registrant has repeatedly violated the Vehicle Code (75 Pa.C.S. § §  101—9909) or this chapter.	1 month	6 months	Revocation
(14) The registrant has failed to provide information regarding the location and use of all registration plates issued to the registrant to an authorized Commonwealth employe.	1 month	6 months	Revocation

 (b)  Warning. The Department may, in its discretion, permit the registrant to consent to the acceptance of a warning in lieu of the first violation suspension outlined in subsection (a)(3), if no owner or officer had knowledge of the violation. The consent warning shall only be issued to registrants which have had no suspendable violations for 3 years prior to the date of the violation which is being considered. The registrant bears the burden of proving that they provided proper supervision of the employe who committed the violation but that the supervision could not have prevented the violation. Consent warnings replace the first violation suspension, and a second violation will be considered a second violation.

 (c)  Second and subsequent violations. Second and subsequent violations will be determined on the basis of previous violations of the same nature committed within a 3 year period. If a third or subsequent violation occurs within 3 years of the last previous violation, it will be deemed a third or subsequent violation regardless of when other previous violations occurred.

 (d)  Multiple violations. In the case of multiple violations considered at one time, the Department will impose separate penalties for each violation as required by the schedule. The Department may, in its discretion, direct that a suspension imposed be served concurrently or consecutively.

 (e)  Suspension authority reserved. The descriptions of reasons for suspension in subsection (a) are of a general nature, and should not be deemed to limit the suspension authority of the Department granted by 75 Pa.C.S. §  1374 (relating to suspension of vehicle business registration plates).

 (f)  Revocation. Upon revocation of registration, the dealer, manufacturer or miscellaneous motor vehicle business shall be barred from reapplying for a new registration for 1 year. The dealer, manufacturer or miscellaneous motor vehicle business shall immediately return all the registration cards and plates in its possession to the Department.

Source

   The provisions of this §  53.9 adopted May 25, 1984, effective June 12, 1984, 14 Pa.B. 1809; readopted May 26, 1989, effective May 27, 1989, 19 Pa.B. 2252; corrected October 21, 1994, effective January 1, 1994, 24 Pa.B. 5314. Immediately preceding text appears at serial pages (182545) to (182547).

Notes of Decisions

   The Court’s final order reinstating a car dealer’s registration plates and authority to issue temporary registration plate suspended for bad check violations was determined to be a final nonappealable order. The failure by the car dealer to raise any issues before the Commonwealth Court will result in the waiver of such issues. Department of Transportation v. Kosak, 639 A.2d 1252 (Pa. Cmwlth. 1994).

   The Department did not abuse its discretion in suspending an auto dealer’s registration plates and authorization to issue temporary registration plates for submitting an uncollectable check to the Department. Saia’s Used Cars v. Commonwealth, 596 A.2d 1212 (Pa. Cmwlth. 1991).

   Department was not required to hold a hearing prior to issuance of a warning to dealership for violation of 75 Pa.C.S. §  1103(d) (relating to application for certificate of title). Subsequent suspension of a license to issue temporary plates was properly invalidated in that no subsequent citation was issued against dealership. Department of Transportation v. Magarity Chevrolet, Inc., 576 A.2d 1159 (Pa. Cmwlth. 1990).

   It is not a violation of due process for the Department of Transportation to issue a warning of a violation without the opportunity for notice or a hearing as long as a suspension or sanction is not imposed. Ernest Sunday Chrysler Plymouth, Inc. v. Department of Transportation, 558 A.2d 921 (Pa. Cmwlth. 1989); appeal denied 575 A.2d 118 (Pa. 1990).

   The Department need not prove fraud nor financial loss to the agency to impose a suspension for dealer who inadvertently submitted uncollectible checks twice within a 3 year period. Department of Transportation v. Foxwood R. V. Center and Campground, 547 A.2d 504 (Pa. Cmwlth. 1988).

   The decision by the Department to suspend a registered automobile dealer’s authorization to issue temporary registration plates was proper as a violation of this section because of the dealer’s two instances of submitting uncollectible checks to the agency. Department of Transportation v. Foxwood R. V. Center and Campground, 547 A.2d 504 (Pa. Cmwlth. 1988).

   Where trial court agreed with Department of Transportation’s finding that car dealer violated this section, it was manifest abuse of discretion to substitute its determination of appropriate penalty for that imposed by Department, absent new findings of fact and conclusions of law. Department of Transportation v. Ede Motor Co., 527 A.2d 632 (Pa. Cmwlth. 1987).

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