Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 43b - COMMISSIONER OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Subchapter A - SCHEDULE OF CIVIL PENALTIES, GUIDELINES FOR IMPOSITION OF CIVIL PENALTIES AND PROCEDURES FOR APPEAL › Section 43b.9 - Schedule of civil penalties-vehicle manufacturers, dealers and salespersons

Current through Register Vol. 54, No. 28, July 13, 2024
STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND
						SALESPERSONS
Violation under 35 P.S.
Title/Description
Civil Penalty
Section 637.6(a)(1)
Failure of vehicle dealer, branch lot, public or
								  retain vehicle auction, or wholesale vehicle auction to post a sign as required
								  under section 4 of the Clean Indoor Air Act.
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense)-$1,000
Section 637.6(a)(2)
Vehicle dealership, branch lot, public or retail
								  vehicle auction, or wholesale vehicle auction permitting smoking in an area
								  where smoking is prohibited by the Clean Indoor Air Act (35 P.S.
								  §§
																637.1-637.11)
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense)-$1,000
Section 637.6(a)(3)
Licensee of the Board smoking in an area of the
								  vehicle dealership, branch lot, public or retail vehicle auction or wholesale
								  vehicle auction where smoking is prohibited by the Clean Indoor Air Act
1st offense-$250
2nd offense (within 1 year of 1st
								  offense)-$500
3rd offense (within 1 year of 2nd
								  offense)-$1,000
Subsequent offenses (within 1 year of previous
								  offense)-$1,000
Violation under 63 P.S.
Title/Description
Civil Penalty
Section 818.303(a)
Person or entity engaging in business of vehicle
								  dealer, auction, manufacturer or distributor without license or acting as
								  broker
Each offense-$1,000
Section 818.303(a)
Person engaging in business as a factory
								  representative or distributor representative without a license
1st offense-$100
2nd offense-$500
3rd offense-$1,000
Section 818.303(a)
Individual working as unlicensed salesperson for
								  dealership
1st offense-$100
2nd offense-$500
3rd offense-Formal action
Section 818.303(c)
Licensed salesperson working as salesperson for
								  dealership other than for whom salesperson is licensed
1st offense-$100
2nd offense-$500
3rd offense-Formal action
Section 818.303(d)
Failure to display license in principal office
1st offense-$100
2nd offense-$500
3rd offense-Formal action
Section 818.303(h)
Vehicle auction not posting list of
								  revoked/suspended licensees
1st offense-$250
2nd offense-$500
3rd offense-Formal action
Section 818.318(15)
Licensed dealer employing unlicensed salesperson
1st offense-$500
2nd offense-$1,000
3rd offense-Formal action
Section 818.318(29)
Wholesale auction permitting unlicensed or
								  revoked or currently suspended dealer or vehicle business to buy, sell or
								  represent vehicle at auction
1st offense-$250
2nd offense-$500
3rd offense-$1,000
Subsequent offense-Formal action
Section 818.318(30)
Dealer permitting revoked or currently suspended
								  sales-person to sell, represent or purchase vehicle at auction
1st offense-$500
2nd offense-$1000
3rd offense-Formal action
Sections 818.303(a) and 818.318(27)
Licensed dealer operating an unlicensed branch
								  lot
1st offense-$1,000
2nd offense-Formal action
Sections 818.303(f)(5) and (g)(1) and
								  818.318(38)
Person with revoked or currently suspended
								  dealer or salesperson license physically present during auctioning of vehicles
Each offense $1,000
Section 818.318(34)
Licensed dealer conducting its business under
								  any name other than its licensed name
1st offense-$250
2nd offense-$500
3rd offense-Formal action
Section 818.318(37)
Licensed dealer failing to produce records to an
								  authorized agent of the Board
1st offense-$500
2nd offense-$1,000
3rd offense-Formal action
Violations under 49 Pa. Code Chapter
								  19
Title /Description
Civil Penalty
Section 19.17
Broker or dealer business identity combined with
								  other businesses
1st offense-$100
2nd offense-$500
Section 19.18(1)
Dealer does not have permanent enclosed building
1st offense-$100
2nd offense-$500
Section 19.18(2)
Dealership does not have private
								  office
1st offense-$100
2nd offense-$500
Section 19.18(3)(i)(A)
Dealer display area for five vehicles or 5,000
								  square feet
1st offense-$100
2nd offense-$500
Section 19.18(3)(ii)
Display lot not graded and surfaced with
								  required material
1st offense-$100
2nd offense-$500
Section 19.18(3)(iii)
Display area separated from adjacent parking
								  area
1st offense-$100
2nd offense-$500
Section 19.18(3)(iv)
Display area lighted if open
								  evenings
1st offense-$100
2nd offense-$500
Section 19.18(5)
Dealer fails to maintain separate telephone line
1st offense-$100
2nd offense-$500
Section 19.18(6)
Business sign not permanent or visible to the
								  public
1st offense-$100
2nd offense-$500
Section 19.18(7)
Dealership m violation of land use
								  ordinances
1st offense-$100
2nd offense-$500
Section 19.18(9)
Failure to post business hours
1st offense-$100
2nd offense-$500