Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart A - Vehicle Code Provisions › Article IX - Miscellaneous Provisions › Chapter 253 - SALVORS › Section 253.7 - Sanctions for violations by salvors

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Schedule.
After
					 providing for an opportunity for a hearing, the Department may impose
					 suspensions or sanctions on a salvor, according to the following schedules of
					 violations by the salvor, when the Department finds upon sufficient evidence
					 that:
Category I
1st
								  Offense
2nd Offense
3rd
								  Offense
4th and Subsequent Offense
(1) The salvor has failed to pay fees payable to
								  the Commonwealth in connection with the operation of the business of the
								  salvor.
Until fees are paid, plus 1 month.
Until fees are paid,
								  plus 3 months.
Until fees are paid, plus 6 months.
Revocation.
(2) The salvor has refused to allow inspection of
								  records by authorized representatives of the Department.
Until records
								  have been inspected, plus 3 months.
Until records have been inspected,
								  plus 6 months.
Until records have been inspected, plus 1
								  year.
Revocation.
Category II
(1) The salvor has failed to notify the
								  Department of a change in name or mailing or business address within 5 days of
								  the change.
Until the change has been approved.
Until the
								  change has been approved, plus 1 month.
Until the change has been
								  approved, plus 3 months.
Until the change has been approved, plus 6
								  months.
(2) The salvor has failed to notify the
								  Department of a change in ownership of the business.
Until the change
								  has been approved.
Until the change has been approved, plus 1
								  month.
Until the change has been approved, plus 3 months.
Until
								  the change has been approved, plus 6 months.
(3) In the case of the removal of a vehicle from
								  private property, the salvor has failed to furnish a copy of the report of
								  possession and statement of condition to a police department.
1
								  month.
3 months.
6 months.
1 year.
(4) The salvor has failed to maintain records in
								  the prescribed manner or has failed to keep records in a secure
								  place.
Written warning.
1 month.
3 months.
6
								  months.
(5) The salvor has failed to send required forms,
								  photographs, or both, to the Department.
Written warning.
1
								  month.
3 months.
6 months.
(b)
Second and subsequent
					 offenses.
Second offenses are determined on the basis of a previous
					 offense of the same nature committed within a 3-year period. Third or
					 subsequent offenses are determined on the basis of two or more previous
					 violations of the same nature committed within a 3-year period.
(c)
Multiple offenses.
In
					 the case of multiple offenses considered at one time, the Department may impose
					 separate sanctions for each violation under the schedule in subsection (a). The
					 Department may direct that a suspension imposed be served concurrently or
					 consecutively.
(d)
Vehicle
					 salvage dealer registration suspension.
If the salvor's registration
					 in the vehicle salvage dealer class of Miscellaneous Motor Vehicle Business is
					 suspended under Chapter 53 (relating to manufacturers, dealers and
					 miscellaneous motor vehicle businesses registration plates), the salvor shall
					 also be suspended from operating as a salvor for the same period of
					 time.
(e)
Suspension
					 authority reserved.
The description of grounds for suspension or
					 revocation in subsection (a) does not limit the authority of the Department to
					 suspend or revoke the salvor's certificate of authorization for one or more of
					 the following:
(1) Commission of an offense
					 not described in subsection (a), but which is similar in nature and
					 effect.
(2) Conviction or
					 acceptance of accelerated rehabilitative disposition of an offense under the
					 laws of this Commonwealth, another state or the United States involving motor
					 vehicles or moral turpitude.