Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart A - Vehicle Code Provisions › Article III - Registration › Chapter 53 - MANUFACTURERS, DEALERS AND MISCELLANEOUS MOTOR VEHICLE BUSINESSES REGISTRATION PLATES › Section 53.9 - Sanctions for violations by dealer, manufacturer or miscellaneous motor vehicle business registrants

Current through Register Vol. 54, No. 28, July 13, 2024
(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.