Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart A - Vehicle Code Provisions › Article VII - Vehicle Characteristics › Chapter 179 - OVERSIZE AND OVERWEIGHT LOADS AND VEHICLES › Section 179.18 - Sanctions for violations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Suspension after hearing.
After providing an opportunity for a
					 hearing to show cause why a suspension should not be imposed for a violation of
					 a permit, the registration agreement, this chapter or the act, the Department
					 may impose suspensions upon a person, applicant, permittee or permit service,
					 including the employes, agents, officers, contractors, subcontractors, lessees,
					 successors and assigns of the foregoing, according to the following schedule,
					 when, by substantial evidence, a violation is found to have occurred. Lack of
					 intent is not a defense to a violation.
(b)
Schedule.
Violation Category
Period of Suspension
First
								  Violation:
Second
								  Violation:
Third and Subsequent
								  Violations:
(1) Fabricating or displaying an altered, forged
								  or counterfeited permit.
up to 3 months
3 months to 6
								  months
6 months to 12 months
(2) Aiding or abetting another person's attempt
								  to avoid a suspension.
up to 3 months
3 months to 6
								  months
6 months to 12 months
(3) Operating during a period of
								  suspension.
up to 6 months
6 months to 12 months
12
								  months to 36 months
(4) Bribing or attempting to bribe a
								  Commonwealth employe.
up to 6 months
6 months to 12
								  months
12 months to 36 months
(5) Giving a Commonwealth employe a gift,
								  gratuity, entertainment, loan, favor or other thing of monetary
								  value.
up to 3 months
3 months to 6 months
6 months to
								  12 months
(6) Other violations of the act.
up to 2
								  months
2 months to 4 months
4 months to 6 months
(7) Other violations of a permit, the
								  registration agreement or this chapter.
up to 1 month
1 month
								  to 2 months
2 months to 3 months
(c)
Second, third and subsequent
					 violations.
Second, third and subsequent violations will be determined
					 on the basis of previous violations of the same violation category committed
					 within a 4-year period. A second, third or subsequent violation will be deemed
					 a first violation if the most recent, previous violation of the same category
					 occurred more than 4 years prior to the date of the second, third or subsequent
					 violation. If a second, third or subsequent violation of the same category
					 occurs within 4 years of the most recent, previous violation, it will be deemed
					 a second, 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 may direct that the imposed suspension
					 be served concurrently or consecutively. The Department may also impose a
					 revocation upon the applicant's registration agreement, under §
											179.6 (relating to revocation of
					 registration), to run concurrently or consecutively with a suspension, if a
					 violation involves a permit obtained by wire. The Department may also deem any
					 number of several violations committed during a proximate period of time, or in
					 the same course of misconduct, to constitute one or more violations, if the
					 Department determines that sufficient mitigating or aggravating circumstances
					 are present.
(e)
Appeal of
					 Secretary's Order.
A person may appeal a final order of suspension
					 under
					 2
					 Pa.C.S. §§
												701-704 (relating to
					 judicial review of Commonwealth agency action) within 30 days after issuance of
					 the final order by the Secretary.
(f)
Suspension without
					 hearing.
(1) Without providing a
					 hearing, the Department may immediately suspend a person from obtaining permits
					 or operating under permit authority for failure to pay a fee authorized under
					 the act or this chapter, until proper payment is received.
(2) Without providing a hearing, Department
					 personnel and law enforcement personnel may immediately confiscate an altered,
					 forged, or counterfeited permit, or a permit used in violation of its terms and
					 conditions.