67 Pa. Code § 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.