Bill Text: PA HB1853 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for definitions, for licensure and for State Board of Vehicle Manufacturers, Dealers and Salespersons.

Spectrum: Moderate Partisan Bill (Republican 14-3)

Status: (Introduced - Dead) 2009-07-14 - Referred to PROFESSIONAL LICENSURE [HB1853 Detail]

Download: Pennsylvania-2009-HB1853-Introduced.html

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PRINTER'S NO. 2442
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1853 Session of2009
INTRODUCED BY REED, BEYER, BOYD, CREIGHTON, EVERETT, GEIST, GINGRICH, HALUSKA, HARHART, KORTZ, MURT, PAYNE, REICHLEY, SIPTROTH, VEREB, VULAKOVICH AND SONNEY, JULY 14, 2009
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JULY 14, 2009
AN ACT
Amending the act of December 22, 1983 (P.L.306, No.84), entitled
"An act providing for the State Board of Vehicle
Manufacturers, Dealers and Salespersons; and providing
penalties," further providing for definitions, for licensure
and for State Board of Vehicle Manufacturers, Dealers and
Salespersons.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "dealer" and "vehicle" in
section 2 of the act of December 22, 1983 (P.L.306, No.84),
known as the Board of Vehicles Act, amended April 19, 1996
(P.L.104, No.27), are amended and the section is amended by
adding definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Dealer." A person required to be licensed under this act
who is engaged in the business of buying, selling or exchanging
new or used vehicles or an interest in new or used vehicles,
regardless of whether the vehicles are owned by that person. The
term includes persons engaged in consignment sales for a seller,
but does not include a person issued an identification number by
the Department of Transportation, unless the board has also
issued a dealer license to the person. Vehicle dealers shall be
classified as one or more of the following:
(1) A new vehicle dealer, who is a person engaged in the
business of buying, selling or exchanging new and used
vehicles, trailers or semitrailers for commission,
compensation or other consideration, who holds a franchise
with a manufacturer or distributor, giving the dealer selling
rights for that particular line-make of new vehicles,
trailers or semitrailers, or who is a distributor of new
vehicles, trailers or semitrailers who holds a franchise with
a manufacturer or distributor of vehicles, trailers and
semitrailers.
(2) A used vehicle dealer, who is a person engaged in
the business of buying, selling or exchanging used vehicles,
trailers or semitrailers for commission, compensation or
other consideration. The term includes fleet owners who
engage directly in the retail sale of its fleet vehicles.
(3) A new manufactured housing dealer, who is a person
engaged in the business of selling new manufactured housing
and buying, selling or exchanging used manufactured housing
or mobile homes for commission, compensation or other
consideration and who holds a franchise with a manufacturer
or distributor giving the dealer selling rights for a
particular line-make of new manufactured housing.
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(4) A used manufactured housing or mobile home dealer,
who is a person engaged in the business of buying, selling or
exchanging used manufactured housing or mobile homes for
commission, compensation or other consideration.
(5) A new recreational vehicle dealer, who is a person
engaged in the business of buying, selling or exchanging new
and used recreational vehicles for commission, compensation
or other consideration and who holds a franchise with a
manufacturer or distributor giving the dealer selling rights
for a particular line of new recreational vehicles.
(6) A used recreational vehicle dealer, who is a person
engaged in the business of buying, selling or exchanging used
recreational vehicles for commission, compensation or other
consideration.
(7) A mobility vehicle dealer.
* * *
"Mobility vehicle." A vehicle that:
(1) Is designed and equipped to transport a person with
a disability.
(2) Contains a lowered floor or lowered frame or a
raised roof and raised door.
(3) Contains one of the following:
(i) an electronic or mechanical wheelchair, scooter
or platform lift that enables a person to enter or exit
the vehicle while occupying a wheelchair or scooter;
(ii) an electronic or mechanical wheelchair ramp; or
(iii) a system to secure a wheelchair or scooter to
allow for a person to be safely transported while
occupying the wheelchair or scooter that is installed as
an integral part or permanent attachment to the vehicle
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chassis.
"Mobility vehicle dealer." A person engaged in the business
of buying, selling or exchanging mobility vehicles for
commission, compensation or other consideration.
* * *
"Vehicle." Every device which is or may be moved or drawn
upon a highway, except devices which are infrequently operated
or moved upon a highway but are designed primarily for use in
construction or agriculture or road maintenance, devices moved
by human or animal power, devices used exclusively upon rails or
tracks, [and] motorized pedalcycles and mobility vehicles.
* * *
Section 2. Section 3(a) of the act, amended April 19, 1996
(P.L.104, No.27), is amended to read:
Section 3. State Board of Vehicle Manufacturers, Dealers and
Salespersons.
(a) Board.--The State Board of Vehicle Manufacturers,
Dealers and Salespersons shall consist of 17 members, one of
whom shall be the Commissioner of Professional and Occupational
Affairs, or his designee, one of whom shall be the Secretary of
the Department of Transportation, or his designee, one of whom
shall be the Director of Consumer Protection in the Office of
Attorney General, or his designee, and the remaining 14 of whom
shall be appointed by the Governor as follows:
(1) Three members shall be new vehicle dealers who have
been actively engaged as such for a period of five years
immediately preceding their appointment.
(2) Three members shall be used vehicle dealers who have
been actively engaged as such for a period of five years
immediately preceding their appointment. One used vehicle
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dealer member beginning with the first vacancy for a used
vehicle dealer after the effective date of this amendment
shall also be an owner, partner or officer of a corporation
or business which is licensed as a vehicle auction and which
has been actively engaged as such for a period of five years
immediately preceding the appointment.
(3) One shall be a manufactured housing or mobile home
dealer who has been actively engaged as such for a period of
five years immediately preceding appointment.
(4) One shall be a salesperson who has been actively
engaged in the sale of new or used vehicles for a period of
five years immediately preceding appointment. The member
shall not be a dealer or an officer of a corporation or a
member of a partnership engaged in the business of a dealer
at the time of appointment.
(5) One shall be a recreational vehicle dealer who has
been actively engaged as such for a period of five years
immediately preceding appointment.
(6) One shall be a motorcycle dealer who has been
actively engaged as such for a period of five years
immediately preceding appointment.
(6.1) One member shall be a mobility vehicle dealer who
has been actively engaged as such for a period of five years
immediately preceding appointment.
(7) [Four] Three shall be members of the general public
having no connection with the vehicle business.
* * *
Section 3. Section 5 of the act is amended by adding a
subsection to read:
Section 5. License to engage in business.
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* * *
(g.1) Mobility vehicle dealers.--
(1) A licensed dealer classified as a mobility vehicle
dealer may do all of the following:
(i) Display, inventory, advertise, solicit,
demonstrate, sell, offer for sale or deliver new and used
mobility vehicles.
(ii) Arrange, negotiate and assist a customer
regarding the purchase of a mobility vehicle.
(iii) Sell and install equipment and accessories in,
and provide services for, mobility vehicles, in order to
meet the needs of persons with disabilities as drivers or
passengers.
(iv) Provide maintenance and repair services for
mobility vehicles.
(v) Acquire a new vehicle with a lowered floor or
frame or a raised roof and door in order to fit or equip
the vehicle for retail sale as a new mobility vehicle.
(2) A licensed dealer that is classified only as a
mobility vehicle dealer may not offer for sale or sell
vehicles which are not mobility vehicles.
* * *
Section 4. This act shall take effect in 60 days.
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