§ 63.1. Purpose.

 The purpose of this chapter is to establish rules and procedures to implement bilateral agreements and the International Registration Plan entered into with other jurisdictions for the registration of fleets of vehicles on an apportioned basis as authorized by 75 Pa.C.S. § §  6142 and 6145 (relating to reciprocity agreements, arrangements and declarations authorized; and proportional registration of fleet vehicles).

 (a)  Registration recognition. Vehicles proportionally registered in jurisdictions which have entered into proportional registration agreements, including the International Registration Plan, under this chapter and have paid fees to the Commonwealth will be deemed to be fully registered in this Commonwealth for any type of movement or operation, if the registrant has proper interstate or intrastate authority from the appropriate regulatory agency or is exempt from regulation by the regulatory agency.

 (b)  Other fees not waived. The agreements do not waive fees or taxes charged or levied by a jurisdiction in connection with the ownership or operation of vehicles other than the apportionable fees as defined in this chapter. Other fees and taxes shall be paid to each jurisdiction in accordance with the laws of each jurisdiction.

 (c)  Base jurisdiction choice. Registrants based in a jurisdiction other than a member jurisdiction, who have been licensing vehicles in a member jurisdiction under the basing point, allocation or proration forms of registration may declare the Commonwealth as a base jurisdiction for purposes of the agreements until the registrant’s base jurisdiction becomes a member jurisdiction if the most miles traveled among the member jurisdictions are in this Commonwealth.

 (d)  Options of registrants.

   (1)  The registrant may choose to fully register in a jurisdiction or purchase a limited number of trip permits in lieu of apportioned registration.

   (2)  The registrant may divide his vehicles into a number of fleets.

   (3)  A vehicle or combination of vehicles which travels in two or more member jurisdictions but which is not otherwise within the definition of ‘‘apportionable vehicle’’ may be proportionally registered at the option of the registrant.

 (e)  Other general rules.

   (1)  Apportionable vehicles registered nonproportionally in member jurisdictions or registered proportionally in a member jurisdiction but excluding the Commonwealth in their apportionment shall be subject to the restrictions contained in 75 Pa.C.S. §  1303 (relating to vehicles of nonresidents exempt from registration).

   (2)  Rental vehicles subject to §  63.34 (relating to rental vehicles) which are not proportionally allocated or registered with this Commonwealth shall be subject to the restrictions contained in 75 Pa.C.S. §  1303.

   (3)  A vehicle based in this Commonwealth for use only in this Commonwealth or nonmember jurisdictions, or both, shall continue to be registered in this Commonwealth on a nonapportioned basis.

 The following are member jurisdictions of the International Registration Plan: Alabama, Alberta, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Agent-lessor—One who furnishes facilities and service including sales, warehousing, motorized equipment and drivers under contract or other arrangement to a carrier for transportation of property by a household goods carrier.

   Applicant—A person, firm or corporation in whose name an application to apportion the registrations of a fleet of vehicles is filed.

   Apportionable fee—A periodically recurring fee required for licensing or registering vehicles, such as, but not limited to, registration fees, license or weight fees.

   Apportionable vehicle—A vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties and government-owned vehicles, used or intended for use in two or more member jurisdictions for the transportation of persons for hire or designed, used or maintained primarily for the transportation of property:

     (i)   Having a gross vehicle weight in excess of 26,000 pounds.

     (ii)   Having three or more axles, regardless of weight.

     (iii)   If used in combination, with a gross weight of such combination exceeding 26,000 pounds.

   Auxiliary axle—An auxiliary under carriage assembly with a fifth wheel and tow bar used to convert a semi-trailer to a full trailer.

   Base jurisdiction—For the purpose of fleet registration, the jurisdiction where the registrant has an established place of business, where mileage is accrued by the fleet and where operational records of the fleet are maintained or can be made available.

   Base plate—The registration plate issued by the base jurisdiction, identified by having the word ‘‘APPORTIONED’’ and the base jurisdiction’s name on the plate.

   Bilateral agreement—A registration reciprocity agreement between the Commonwealth and another jurisdiction providing the payment of registration fees on the basis of fleet miles operated in each jurisdiction.

   Bureau—The Bureau of Motor Vehicles of the Department.

   Cab card—A registration card issued by the base jurisdiction for a vehicle of an apportioned fleet containing the make and VIN of the vehicle, the base plate number, the jurisdictions in which the vehicle is registered, registered gross weight for each jurisdiction and other information deemed necessary.

   Carrier—An individual, partnership or corporation engaged in the business of transporting goods or persons.

   Chartered party—A group of persons who—under a common purpose and under a single contract, and at a fixed charge for the vehicle in accordance with the carrier’s tariff, lawfully on file with the Interstate Commerce Commission—have acquired the exclusive use of a passenger-carrying motor vehicle to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartered group after having left the place of origin.

   Commercial Registration Section—The Commercial Registration Section of the Bureau.

   Credentials—A cab card and apportioned plate issued for a vehicle registered by a jurisdiction which is a party to an agreement.

   Department—The Department of Transportation of the Commonwealth.

   Established place of business—A physical structure owned or leased by a fleet registrant designated by a street and number or road location, which is open during normal business hours and in which are located:

     (i)   A telephone publicly listed in the name of the fleet registrant.

     (ii)   A person conducting the fleet registrant’s business.

     (iii)   The operational records of the fleet unless the records can be made available.

   Fleet—One or more apportionable vehicles.

   Household goods—

     (i)   Personal effects and property used or to be used in a dwelling when a part of the equipment or supply of such dwelling.

     (ii)   Furniture; fixtures; equipment; and the property of stores, offices, museums, institutions, hospitals or other establishments, when a part of the stock, equipment or supply of such stores, offices, museums, institutions, hospitals or other establishments.

     (iii)   Articles including objects of art, displays and exhibits which because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods.

   Hunter permit—A temporary vehicle registration permit issued to an owner-operator, not operating as a lessor, for a registered gross weight not exceeding the empty weight of the vehicle.

   I.V.M.R.—Individual vehicle mileage record.

   In-jurisdiction miles—The total number of miles operated by a fleet of proportionally registered vehicles in a jurisdiction during the preceding year. Mileage of Commonwealth registered vehicles accrued in jurisdictions which are not member jurisdictions shall be counted as in-jurisdiction miles operated in this Commonwealth.

   International Registration Plan—A registration reciprocity agreement among the signatory states of the United States and provinces of Canada providing for the payment of registration fees on the basis of fleet miles operated in each jurisdiction, which agreement is the product of the American Association of Motor Vehicle Administrators, 1201 Connecticut Avenue, N. W., Washington, D. C. 20036, and is generally administered by that association.

   Interstate operations—Vehicle movement between or through two or more jurisdictions.

   Intrastate operations—Vehicle movement from one point within a jurisdiction where passengers or freight are loaded to another point within the same jurisdiction, where passengers or freight are unloaded regardless of the route travelled.

   Jurisdiction—A state, territory or possession of the United States; the District of Columbia; or a province of Canada.

   Lease—A written document vesting exclusive possession and control of a vehicle owned by another.

   Lessor—A person, firm or corporation which under the terms of a lease, grants the legal right of possession and control of a vehicle to another person, firm or corporation—the lessee.

   Long-term lease—A lease having a term of 30 days or more.

   Member jurisdiction—A jurisdiction which has signed an agreement with the Commonwealth or a jurisdiction which is a party to the International Registration Plan.

   Negotiable title—A title issued by a jurisdiction which documents ownership of a vehicle and can be used to transfer ownership.

   Operational records—Documents supporting in-jurisdiction miles traveled in each jurisdiction and total miles traveled, such as fuel reports, trip sheets and logs.

   Owner-operator—An equipment lessor who leases his vehicular equipment with driver to a carrier pursuant to Interstate Commerce Commission regulations, 49 CFR 1057 or similar regulations of a jurisdiction’s regulatory body.

   Power unit—A vehicle which is self propelled by power other than muscular power.

   Preceding year—The 12-month period after June 30 of one year and before July 1 of the following year, which immediately precedes the registration or license year for which proportional registration is sought.

   Reciprocity—Exemption from further registration by any member jurisdiction of an apportionable vehicle registered under an agreement.

   Recreational vehicle—An apportionable vehicle designed or converted and used exclusively for personal pleasure or travel by an individual or the individual’s family.

   Registrant—A person, firm, or corporation in whose name a vehicle is registered.

   Registration year—The 12-month period during which the registration plates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.

   Restricted plate—A registration plate which is restricted as to time—less than a full registration year, geographic area, mileage or commodities or persons which may be hauled—Example—Farm truck plate, Dealer Plate.

   Service representative—An agent-lessor.

   Short term lease—A lease having a term of less than 30 days.

   Telegram of authority—A temporary registration transmitted by a wire service authorizing the operation of a Commonwealth-based vehicle for 60 days while application for a change in fleet registration is being processed by the Bureau.

   Temporary authorization certificate—A temporary registration authorizing the operation of a Commonwealth-based vehicle for 60 days while application for a change in fleet registration is being processed by the Bureau.

   Total miles—The total number of miles operated by a fleet of proportionally registered vehicles in all jurisdictions during the preceding year.

   Tractor—A motor vehicle designed and used primarily for drawing other vehicles but not so constructed as to carry a load other than a part of the weight of the vehicles and load so drawn.

   Trip permit—A temporary permit issued by a jurisdiction in lieu of regular apportioned registration.

   Truck tractor—A motor vehicle designed and used primarily for drawing other vehicles but so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

   The provisions of this §  63.4 amended under the Vehicle Code, 75 Pa.C.S. § §  6103 and 7501—7506.

   The provisions of this §  63.4 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 278; amended June 2, 2006, effective June 3, 2006, 36 Pa.B. 2684. Immediately preceding text appears at serial pages (260005) to (260009).

Subchapter B. APPLICATION FOR PROPORTIONAL
REGISTRATION

Sec.

§ 63.11. Application for registration.

 (a)  General rule. Application for registration of vehicles under this chapter, in lieu of registration under other provisions of 75 Pa.C.S. § §  101—9701 (relating to the Vehicle Code) shall be made on a form furnished by the Bureau by April 30 of each registration year.

 (b)  Contents. The application—Schedule A—shall contain a description of each power unit, trailer, semi-trailer and auxiliary axle and be accompanied by a uniform mileage schedule—Schedule B. The initial or renewal application for proportional registration shall contain the mileage data in all jurisdictions for the preceding year for each vehicle. If no operations were conducted with a vehicle during the preceding year, the application shall contain a full statement of the proposed method of operation and estimates of annual mileage in each jurisdiction. The applicant shall determine the in-jurisdiction and total miles to be used in computing the proportional registration fee for the vehicle. The Bureau may adjust the estimate in the application if it is not satisfied as to its correctness. Changes to an original or renewed application may be made after it has been filed by notifying the Commercial Registration Section by May 1.

 (c)  Evidence of ownership. The owner or lessor of a vehicle to be proportionally registered shall hold in its name a Pennsylvania certificate of title or a negotiable title issued in another jurisdiction for each vehicle. If the registration of a vehicle not titled in this Commonwealth has not been previously apportioned in the applicant’s name, a photocopy of the out-of-State vehicle title, bill of sale or registration card shall accompany the registration application.

   The provisions of this §  63.11 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 278. Immediately preceding text appears at serial pages (127587) to (127588).

Subchapter C. REGISTRATION CRITERIA

Sec.

§ 63.31. Owner-operator vehicles.

 (a)  Proportional registration. Owner-operators who lease their vehicles to carriers on a long-term basis may proportionally register their vehicles in one of the following methods:

   (1)  Registration may, at the option of the lessor, be in the name of the lessee-carrier, but shall also indicate the owner-operator’s name. Allocation of fees shall be based on the records of the carrier. The registration plate and cab card shall be the property of the lessee. The carrier shall, within 30 days of a transfer, reimburse the lessor for the value of the unused portion of any registration transferred to a newly acquired vehicle when the lease is canceled between the parties if the lessor had been charged for the registration fee by the carrier.

   (2)  Registration may, at the option of the lessor, be in the name of the lessor. Allocation of fees shall be based on the records of the lessor. The registration plate and cab card shall be the property of the lessor.

 (b)  Trip permits. Vehicles of owner-operators which are not proportionally registered or not fully registered in a jurisdiction having a separate reciprocity agreement with the Commonwealth shall be subject to the trip permit requirements of this chapter.

   The provisions of this §  63.31 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 278. Immediately preceding text appears at serial pages (127588) to (127589).

 (a)  General. Except as provided in §  63.31 (relating to owner-operator vehicles), for purposes of proportional registration, the long-term lessee-operator of a vehicle is responsible for its registration—that is, the operator of a fleet, part or all of which is leased, shall qualify the leased vehicles in its own name in the same manner as if the lessee-operator owned them. The Pennsylvania credentials for the leased vehicles belong to the fleet operator by whom they were proportionally registered and may be transferred from one vehicle to another as if the operator owned the vehicles. If the lease of a vehicle is terminated, the lessee-operator shall transfer the Pennsylvania registration to another vehicle which replaces it in the fleet. A renewal or series of renewals of a shortterm lease covering the same vehicle shall be construed as being a long-term lease if the time period covered by the original lease and subsequent consecutive renewals is 30 days or more.

 (b)  Exceptions. If an apportioned vehicle is leased temporarily to another person, regardless of whether the lessee is an apportioned carrier, the lessor shall be responsible for reporting the miles traveled by the temporarily-leased vehicle. The temporarily-leased vehicle shall continue to bear proportional registration credentials and may be operated on those credentials only in jurisdictions to which fees have been paid.

 Household goods carriers, using vehicles leased from service representatives, may elect to base the vehicles in the base jurisdiction of the service representative or of the carrier according to the following:

   (1)  Vehicles based in service representative’s jurisdiction. If the household goods carrier elects the base jurisdiction of the service representative: the vehicles shall be registered in the service representative’s name, and the household goods carrier shall be indicated as lessee. The apportionment of fees shall be according to the combined mileage records of the service representative and the carrier. Such records shall be kept or made available in the service representative’s base jurisdiction.

   (2)  Vehicles based in carrier’s jurisdiction. If the household goods carrier elects the base jurisdiction of the carrier, the vehicles shall be registered by the carrier and the service representative shall be designated as lessor. The apportionment of fees shall be according to the combined mileage records of the service representative and the carrier. The records shall be kept or made available in the base jurisdiction of the carrier. Service representatives properly registered under this election shall be fully registered for operations under their own authority as well as under the authority of the carrier.

   (3)  Vehicles of owner-operators. Vehicles owned and operated by owner-operators other than service representatives which are used exclusively to transport cargo for a household goods carrier shall be registered by the carrier in the base jurisdiction of the carrier, in both the name of the owner-operator and the name of the carrier as lessee. The apportionment of fees shall be according to the mileage records of the carrier.

 (a)  Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the content clearly indicates otherwise:

   (1)  Rental owner

   An owner principally engaged in renting rental fleets to others or offering for rental the vehicles of such fleets without drivers.

   (2)  Rental fleet

   Five or more vehicles which are rented or offered for rental without drivers and which are designated by a rental owner as a rental fleet.

   (3)  Rental vehicle

   A vehicle of a rental fleet.

   (4)  Renting (or leasing)

   The giving of possession and control of a vehicle for valuable consideration for a specified period of time.

 (b)  Rental vehicles. Rental vehicles of a rental owner who registers them in accordance with this section will be regarded as proportionally-registered vehicles if the rental owner has received approval from Pennsylvania to apportion the rental fleets.

   (1)  The operational records of the rental fleet shall be maintained by the rental owner.

   (2)  The rental vehicles may be registered in the name of the rental owner or in the name of individual lessees.

 (c)  Tractor, truck-tractor and truck fleet registrations. Rental owners having a rental fleet of trucks, tractors and truck-tractors based in Pennsylvania—excluding one-way vehicles—and operating into or through one or more other member jurisdictions may proportionally register the vehicles by paying apportionable registration fees based on mileage using Forms Schedule A, Schedule B and Supplement, if needed.

 (d)  Rental passenger cars. Rental owners who rent or lease rental passenger cars for operation in Pennsylvania and one or more other jurisdictions may, in lieu of full registration of each vehicle in this Commonwealth, register the number of passenger cars determined as follows: divide the gross revenue received in the preceding year for rentals of passenger cars operated in this Commonwealth by the total gross revenue received in the preceding year for passenger car rentals in all jurisdictions, and multiply the quotient by the total number of passenger cars in the fleet on the first day of each registration year.

   (1)  Monthly and yearly records shall be maintained to reflect accurately the gross revenue earned in each jurisdiction.

     (i)   Monthly summaries shall be supported by rental settlement contracts.

     (ii)   Yearly earnings shall be supported by the company’s financial statements and copies of Federal and State income tax returns.

   (2)  When vehicles are added to the fleet after the first day of any licensing year, the same percentage factor used at the beginning of that licensing year shall be used to determine the number of additional vehicles to be registered in Pennsylvania.

 (e)  Trailers and semitrailers in pool fleets. Rental owners who rent or lease trailers and semitrailers having a registered gross weight in excess of 6,000 pounds and used solely in pool fleets for operation in Pennsylvania and one or more other jurisdictions may, in lieu of full registration of each vehicle in this Commonwealth, register the number of trailers and semitrailers determined as follows: divide the gross revenue received in the preceding year for rentals of trailers and semitrailers operated in this Commonwealth by the total gross revenue received in the preceding year for trailer and semitrailer rentals in all jurisdictions, and multiply quotient by the total number of trailers and semitrailers in the fleet on the first day of each registration year.

   (1)  Monthly and yearly records shall be maintained to reflect accurately the gross revenue earned in each jurisdiction.

     (i)   Monthly summaries shall be supported by rental settlement contracts.

     (ii)   Yearly earnings shall be supported by the company’s financial statements and copies of Federal and State income tax returns.

   (2)  When vehicles are added to the fleet after the first day of any licensing year, the same percentage factor used at the beginning of that licensing year shall be used to determine the number of additional vehicles to be registered in this Commonwealth.

 (f)  Utility trailers. Rental owners who rent or lease utility trailers having a registered gross weight of 6,000 pounds or less in more than one member jurisdiction may, in lieu of full registration of each vehicle in this Commonwealth, register a number of trailers equal to or more than the average number of the trailers rented in or through this Commonwealth during the preceding year.

   (1)  Monthly and yearly records shall be maintained to reflect accurately the inventory count and Pennsylvania registrations.

     (i)   Inventory records shall include a count of the vehicles not rented located in each jurisdiction at the time of inventory count; a count of the entire fleet owned or operated, whether rented or not rented, at the time of inventory count; and a listing of registration plate numbers and dates purchased each year.

     (ii)   The registration records and cancelled checks representing payment of license plates purchased or renewed shall be available for auditor review.

   (2)  When vehicles are added to the fleet after the first day of any licensing year, the same percentage factor used at the beginning of that licensing year shall be used in determining the number of additional vehicles subject to be registered in Pennsylvania registration.

 (g)  One-way fleet vehicles. Rental owners who rent or lease trucks having a registered gross weight of less than 26,000 pounds in more than one member jurisdiction may, in lieu of full registration of each vehicle in this Commonwealth, register the number of trucks determined as follows: in each weight class divide the mileage traveled in this Commonwealth in the preceding year by the total mileage traveled in all jurisdictions, and multiply the quotient by the total number of vehicles of the same weight class owned or operated in the particular class on the first day of each registration year.

   (1)  Monthly and yearly records shall be maintained to reflect accurately mileage traveled in each jurisdiction by weight class and inventory counts of each class of vehicle. Inventory records shall include a listing of registration plate numbers and dates purchased each year.

   (2)  When vehicles are added to the fleet after the first day of any licensing year, the same percentage factor used at the beginning of that licensing year for each weight class shall be used to determine the number of additional vehicles subject to Pennsylvania registration.

   The provisions of this §  63.34 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; corrected February 24, 1984, effective November 26, 1983, 14 Pa.B. 661; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130. Immediately preceding text appears at serial pages (87684) to (87686).

 (a)  Registration of vehicles added to fleets. Vehicles acquired by a registrant after the commencement of the registration year may be added to the proportionally registered fleet by applying the mileage percentage used in the original application for registration of the fleet for the registration period to the regular registration fees applicable to the additional vehicles for the remainder of the registration year. Applications for proportional registration of additional fleet vehicles shall be filed and processed in the same manner as the original application, using supplemental registration forms furnished by the Bureau.

 (b)  Withdrawal and replacement of vehicles from fleets. The following shall apply to the withdrawal of a vehicle from a proportionally registered fleet:

   (1)  If a vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered, the registrant shall so notify the Bureau on the appropriate form.

   (2)  If the registrant replaces a vehicle for one withdrawn from the fleet the registrant shall file a supplemental application. The Bureau will issue a new cab card and transfer the registration to the new vehicle. Additional proportional fees will be required for those jurisdictions that do not allow transfer credit.

   (3)  If a vehicle is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold or otherwise completely removed from the service of the registrant; the unused portion of the fees paid with respect to such vehicle will be applied against registration fees which may be payable for additions to the fleet during the same registration year.

   (4)  If a vehicle of an apportioned fleet is withdrawn from the fleet, the vehicle cannot be returned to the fleet during the same registration year except upon payment of a proportional registration fee for the vehicle determined in accordance with subsection (a), unless the vehicle was leased and the previous lease expired 30 days or more before the date of return to the fleet.

 (c)  Increase in registered weight. The registered gross weight for a vehicle of a fleet may be increased after the commencement of the registration year by applying the mileage percentage used in the original application for registration of the fleet for the registration period to the difference between the regular registration fees for the current and the new weights for the remainder of the registration year. Application for a weight increase shall be filed and processed in the same manner as the original application, using supplemental registration forms furnished by the Bureau.

 (d)  Adding jurisdictions. A registrant who has filed an original apportioned registration application for a registration year may expand its operation into or through a jurisdiction not previously included by filing a Schedule F application form which:

   (1)  Describes the new operation.

   (2)  Indicates the estimated miles in the new jurisdictions.

   (3)  Indicates the desired weight in the new jurisdictions.

   The provisions of this §  63.35 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130. Immediately preceding text appears at serial pages (87686) to (87687).

   This section cited in 67 Pa. Code §  63.51 (relating to Pennsylvania temporary authorization certificates); and 67 Pa. Code §  63.92 (relating to replacement of credentials).

Subchapter D. TEMPORARY REGISTRATION

Sec.

§ 63.51. Pennsylvania temporary authorization certificates.

 (a)  General rule. Temporary authorization certificates may be obtained from the Commercial Registration Section in bulk, by registrants with five or more apportionable vehicles, for use on an additional vehicle or when it is necessary to increase a vehicle’s registered weight. The registrant’s fees on its original apportioned registration application shall be paid prior to approval of the request for temporary authorization certificates. Temporary authorization certificates are not transferable and may not be used by another carrier. A temporary authorization certificate is valid for 60 days from the date of its first use. A temporary authorization certificate may not be used in conjunction with 75 Pa.C.S. §  1311(c) (relating to registration card to be signed and exhibited on demand) to avoid prosecution under 75 Pa.C.S. §  1301 (relating to registration and certificate of title required).

 (b)  Application security requirements. The initial application for temporary authorization certificates shall be accompanied by an irrevocable letter of credit from a bank naming the Department as sole beneficiary, or by a bond executed by a surety company, authorized to do business in this Commonwealth, naming the Department as obligee. The letter or bond shall be:

   (1)  Established in the amount equal to 50% of the fee for registering a truck or combination at 80,000 pounds gross weight times the number of temporary authorization certificates to be purchased, up to a maximum of 25 certificates.

   (2)  Maintained for 3 years from the date of application.

   (3)  Used by the Department to cover unpaid fees due to the Department for temporary authorization certificates.

 (c)  Conditions for renewal of security. If the Department has not made a claim against the letter of credit or bond to cover unpaid fees during the 3-year period, a new bond or letter of credit will not be required.

 (d)  Use. The carrier shall complete the temporary authorization certificate by typewriter or in ink at the time it is to be used. The original copy shall be mailed within 5 days to the Commercial Registration Section with a supplemental registration application; the second copy shall be carried in the cab of the vehicle; and the third copy shall be retained by the carrier. If a temporary authorization certificate must be voided because it is filled out incorrectly, the original and second copy shall be sent to the Commercial Registration Section immediately with an explanation.

 (e)  Cancellation. If a registrant desires to cancel a temporary authorization certificate after the original copy has been forwarded to the Commercial Registration Section and avoid paying the registration fee, the second copy shall also be forwarded to the Section within 5 days of the date of completion; otherwise the registrant shall pay the supplemental registration fees as provided in §  63.35 (relating to changes in apportionable vehicle fleets).

 (f)  Effect of late application. The Department may suspend the proportional registration privileges of a carrier who does not file within 5 days a supplemental application for proportional registration of a vehicle for which the carrier issued a temporary authorization certificate. The suspension will be in effect until the proportional registration of the additional vehicle is completed. Transfer credit will not be allowed for the vehicle.

 (g)  Return of certificates. A carrier who discontinues business, has not issued a temporary authorization certificate within a year, fails to renew apportioned registration with this Commonwealth, has its registration suspended or canceled or is so ordered by the Department, shall within 5 days return unused temporary authorization certificates to the Bureau.

 (h)  Security and theft. Carriers shall keep temporary authorization certificates in a secure place, such as a locked cabinet. The carrier shall notify the Bureau within 5 days of the loss or theft of temporary authorization certificates. Loss or theft on the second occasion will result in the cancellation of the carrier’s privilege to obtain and issue temporary authorization forms.

 (i)  Misuse. A carrier who misuses or fails to report the loss or theft of a temporary authorization certificate will be assessed a fee for each certificate misused, lost or stolen, equal to the full annual registration fee for a truck-tractor in the registered gross combination weight class of 80,000 pounds. The Department, upon making a determination that a registrant has misused temporary authorization certificates, may also require the registrant to comply with the security requirements specified in subsection (b). Misuse on the second occasion will result in the cancellation of the carrier’s privilege to obtain and issue temporary authorization forms. Misuse, as referred to in this section, includes the following:

   (1)  The failure to transmit, to the Commercial Registration Section, an application for apportioned registration within 5 days after issuing a temporary authorization certificate.

   (2)  The failure to remit apportionable fees for vehicles issued temporary authorization certificates.

   (3)  The issuance of temporary authorization certificates with incorrect weight information.

   (4)  The issuance of temporary authorization certificate forms with incomplete information or dates.

   (5)  The transfer of a temporary authorization certificate to a vehicle for which it is not originally issued.

   (6)  The consignment of a temporary authorization certificate to another carrier.

   (7)  The failure to transmit to the Commercial Registration Section, within 30 days, the documents necessary to title an apportioned vehicle after issuing a temporary authorization certificate.

   (8)  The failure to transmit to the Commercial Registration Section, the Department’s copy of a temporary authorization certificate within 5 days after issuance.

   (9)  The issuance of a temporary authorization certificate other than in the prenumbered order.

   (10)  The utilization of fraudulent information when issuing a temporary authorization certificate.

   (11)  The issuance of temporary authorization certificates for states other than those for which the fleet is apportioned.

   (12)  The issuance of a temporary authorization certificate for a vehicle after the vehicle has been placed in service and operated on the highways.

   The provisions of this §  63.51 amended under the Vehicle Code, 75 Pa.C.S. § §  6103 and 7501—7506.

   The provisions of this §  63.51 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 278; amended June 2, 2006, effective June 3, 2006, 36 Pa.B. 2684. Immediately preceding text appears at serial pages (260016) to (260018).

 (a)  General. A collect telegraphic authorization for the operation of a vehicle whose registration process is pending will be authorized by the Commercial Registration Section upon request of a carrier, if the carrier requesting the telegram has a fleet currently apportioned in this Commonwealth, and the vehicle is subject to proportional registration and permanently registered as a part of the fleet.

 (b)  Duties of the carrier. The application for proportional registration of the vehicle covered by the telegram shall be submitted by the carrier to the Commercial Registration Section within 5 days of the date of authorization. If the vehicle for which a telegram was requested is not placed in use by the carrier and the carrier wishes to avoid paying the registration fee, the telegram shall be returned by the carrier to the Commercial Registration Section within 5 days of the date of its issuance with an explanation as to why proportional registration fees should not be done.

 (c)  Late application. The Department will bill a carrier for proportional registration fees based on vehicle information in the telegram if an application to proportionally register the vehicle is not mailed to the Department with all sup-porting documents within 5 days of the issuance of the telegram. Transfer credit will not be allowed unless proof is furnished that the vehicle was permanently removed prior to the operation of a replacement vehicle. The Department may suspend the proportional registration of the remainder of the fleet of the carrier for repeated violations of this subsection.

 (d)  Effect of telegram. A telegram of authority issued by the Department is valid for 60 days. An extension of a telegram of authority may be granted if, in the judgment of the Department, the supplemental application for proportional registration was submitted and fees were paid on a timely basis but there was insufficient time to process the application and forward the credentials to the carrier.

 (e)  Discretionary authority of Department. The Department may refuse issuance of telegrams of authority to a carrier whose account is not in good standing.

   The provisions of this §  63.52 amended under the Vehicle Code, 75 Pa.C.S. § §  6103 and 7501—7506.

 (a)  General. Seventy-two hour trip permits may be obtained from the Bureau or authorized issuing agents in accordance with Chapter 65 (relating to permit agents) for the occasional or emergency operation into or through this Commonwealth of vehicles registered in member jurisdictions but not proportionally registered in this Commonwealth.

 (b)  Carrying of permits. Every trip permit shall be carried in the cab of the vehicle for which the permit is issued.

 Twenty-day hunter permits may be obtained from the Bureau or authorized issuing agents in accordance with Chapter 65 (relating to permit agents) for use by owner-operators whose lease with a carrier has terminated or for newly purchased vehicles. Hunter permits shall be issued for a registered gross weight not in excess of the empty weight of the vehicle.

   The provisions of this §  63.54 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130. Immediately preceding text appears at serial page (87690).

Subchapter E. PAYMENT PROCEDURES

Sec.

§ 63.71. Billing notices.

 (a)  General. Upon the approval of an application for apportioned registration, the Department will mail a billing notice in duplicate to the address of the registrant shown on the application. The notice will list the amount of the registration fees due the Commonwealth as well as the apportioned registration fees due each member jurisdiction, except for those jurisdictions which bill directly.

 (b)  Direct bill jurisdictions. The Commercial Registration Section will forward a copy of an application for apportioned registration to direct bill jurisdictions with which the applicant seeks apportioned registration. A separate billing notice will be sent to the registrant by each direct bill jurisdiction.

 The following apply to the payment of the apportioned registration fees:

   (1)  Payments due to the Department shall be made payable to the ‘‘Pennsylvania Department of Transportation,’’ or ‘‘Pa. D.O.T.’’

   (2)  Payments shall be made by certified check, money order or cashier’s check or by personal check if a bond has been posted for the amount of the carrier’s renewal fees.

   (3)  Payments for original applications and renewals must be received by the Department by May 15 of a registration year.

   (4)  Payments to direct bill jurisdictions shall be made by separate checks or money orders for each billing notice and sent to the jurisdiction’s apportioned registration office.

   The provisions of this §  63.72 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130. Immediately preceding text appears at serial page (87691).

Subchapter F. REGISTRATION CREDENTIALS

Sec.

§ 63.91. Vehicle identification.

 (a)  Issuance of plate and cab cards. Upon approval of an application for apportioned registration and payment of the necessary fees, the Bureau will issue the following to Pennsylvania based carriers:

   (1)  A Pennsylvania base plate bearing the legend ‘‘apportioned.’’

   (2)  An apportioned cab card containing the following information:

     (i)   Name and address of the registrant.

     (ii)   Make and vehicle identification number of the vehicle.

     (iii)   Pennsylvania registration plate number and registered gross weight for Pennsylvania.

     (iv)   Name of each jurisdiction in which apportioned and registered gross weight for each jurisdiction.

     (v)   Other information the Department deems necessary.

 (b)  Display. Credentials issued by the Department will be maintained or displayed as follows:

   (1)  The apportioned registration plate shall be mounted on the front of every tractor and truck tractor and on the rear of every truck, trailer and other apportioned vehicle.

   (2)  The cab card shall be carried in the vehicle for which it is issued.

 (c)  Return of credentials. An apportioned registration plate and cab card shall be returned to the Bureau by June 10 if not renewed by June 1 of the same year. Failure to return the apportioned registration plate will result in assessment of a full 12-month registration fee for the plate according to the previously registered weight of the vehicle on which the plate was used.

 (a)  Application. If a Pennsylvania apportioned registration plate or cab card is defaced, lost, or stolen: the carrier shall apply for a replacement on the appropriate form furnished by the Department, accompanied by the fee provided in this chapter.

 (b)  Replacement at transfer. Application for replacement of a lost or stolen registration plate will not be accepted with a registration transfer application unless the cab card is surrendered with the supplemental registration application required in §  63.35 (relating to changes in apportionable vehicle fleets).

 (c)  Cab cards. Application for replacement of a lost cab card will not be accepted at the time a supplemental registration application is filed under §  63.35.

 The Department may cancel apportioned registration plates, cab cards and temporary registrations issued under this chapter and Chapter 65 (relating to permit agents), if they were issued in error, or if fees remain unpaid.

   The provisions of this §  63.93 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; corrected February 24, 1984, effective November 26, 1983, 14 Pa.B. 661; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 278. Immediately preceding text appears at serial pages (127599) to (127600).

Subchapter G. FEES

Sec.

§ 63.111. General rule.

 Registration fees for apportionable vehicles shall be determined as follows:

   (1)  Obtain the percentage factor for each member jurisdiction by dividing the miles travelled in each jurisdiction by the total fleet miles accrued during the preceding year. The Commonwealth mileage shall include all of the following:

     (i)   mileage accrued within this Commonwealth;

     (ii)   mileage accrued in any nonmember jurisdiction which does not apportion registration fees but which grants reciprocity; and

     (iii)   mileage accrued in member jurisdictions in which the applicant does not desire to apportion registration fees.

   (2)  Multiply the fee for each vehicle for each jurisdiction by the percentage factor obtained in pargraph (1) for each jurisdiction.

   (3)  Add the products resulting from each computation to determine the total fee for registration of all vehicles in each jurisdiction. The sum is the amount payable for the apportioned registration of the fleet in each jurisdiction for the registration year.

   The provisions of this §  63.11 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130. Immediately preceding text appears at serial pages (87692) to (87693).

 The fee for the proportional registration of trailers, semi-trailers and auxiliary axles shall be computed for those jurisdictions which require it by using the same factor determined by in-jurisdiction and total miles in §  63.111 (relating to general rule). Since the Commonwealth does not apportion these vehicles, the regular Commonwealth registration fee for trailers will be added to the apportioned fees.

 (a)  General. If a vehicle is to be added to a fleet to replace a vehicle having the same registered gross weight, no additional registration fee is due to the Department for Pennsylvania registration. However, additional fees will be due for those jurisdictions which do not allow transfer credits.

   (1)  If the added vehicle is to have a higher registered gross weight than the vehicle it replaces, an additional registration fee is due, based on the difference between the registration fees of the vehicles, multiplied by the mileage percentage factor.

   (2)  A registration transfer fee shall be paid in all cases.

 (b)  Estimating mileage. A carrier may, upon receiving apportioned registration for a registration year, estimate the mileage in any jurisdiction in which it has no mileage history and into or through which it desires to expand operations. The fees calculated for expanded operations will be in excess of the 100% registration percentages established at renewal.

   (1)  In lieu of estimating mileage, a carrier may conduct expanded operations by use of trip permits.

   (2)  Carriers estimating mileage in any jurisdiction for a second full consecutive registration year will continue to pay in excess of 100% registration fees.

 The fee for obtaining a higher registered gross weight for a vehicle shall be determined by multiplying the difference between the fees for the old and the new weight classifications by the applicable mileage percentage factors.

 The fee for a cab card issued in connection with the filing of an application requiring no Pennsylvania registration fees, is $4.50.

   The provisions of this §  63.116 amended under the Vehicle Code, 75 Pa.C.S. § §  6103 and 7501—7506.

 The fee for each duplicate cab card shall be $1.50 when ordered at the time of vehicle registration or transfer, or renewal of registration. The fee for each duplicate cab card ordered at any other time is $4.50.

   The provisions of this §  63.117 amended under the Vehicle Code, 75 Pa.C.S. § §  6103 and 7501—7506.

 The fee for transfer of registration from a vehicle within an apportioned fleet to another vehicle within the same fleet or another apportioned fleet of the same carrier is $6.

   The provisions of this §  63.118 amended under the Vehicle Code, 75 Pa.C.S. § §  6103 and 7501—7506.

 (a)  Issuance. The fee for each temporary authorization certificate is $2.

 (b)  Return. A service fee of $10 will be charged for temporary authorization certificates returned to the Department in accordance with §  63.51(d) (relating to Pennsylvania temporary authorization certificates).

 The fee for a hunter permit is $10.

 The fee for a trip permit is $15.

 The fee for establishing a registration record for an apportioned vehicle not titled in this Commonwealth is $22.50.

   The provisions of this §  63.122 amended under the Vehicle Code, 75 Pa.C.S. § §  6103 and 7501—7506.

 (a)  Apportioned registration fees. A refund of the Commonwealth’s apportioned registration fees will be made in the event of any of the following:

   (1)  A billing error of a jurisdiction.

   (2)  A duplication of registration fees paid for the same apportioned vehicle.

   (3)  Payment in error of a full fee for a Commonwealth registration plate when only an apportioned registration is required. The amount of the refund will be the unused portion of the full registration fee.

   (4)  An overpayment in excess of $10 for apportioned registration, as determined by audit.

   (5)  A request for deletion of a vehicle listed on the original or renewal application for apportioned registration received on or before the first day of the registration year.

 (b)  Fees of other jurisdictions. No refund of apportioned registration fees of other jurisdictions will be made by the Department. Application for a refund of such fees shall be made directly to the proper authorities in accordance with the appropriate statutes or regulations of the jurisdiction.

 (c)  Temporary authorization certificates. Refunds for unused temporary authorization certificates will be made to carriers in accordance with §  63.51 (relating to Pennsylvania temporary authorization certificates).

 A partial refund or credit for registration fees paid for regular, unapportioned Commonwealth registrations for vehicles to be registered proportionally will be made as follows:

   (1)  If the apportioned registration applicant is the vehicle owner, credit will be applied to the apportioned billing.

   (2)  If the apportioned registration applicant is a lessee, the lessor may request a refund or may permit the lessee to obtain credit in the apportioned billing.

   The provisions of this §  63.124 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130. Immediately preceding text appears at serial page (87696).

Subchapter H. ENFORCEMENT

Sec.

§ 63.131. Enforcement date.

 A Pennsylvania apportioned registration plate shall be attached to a vehicle and the appropriate cab card carried in the vehicle no later than June 1 of a registration year.

 In the event an extension of the enforcement date is necessary for any reason, the Bureau will notify the law enforcement agency of each jurisdiction of the extension.

   The provisions of this §  63.132 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; corrected February 24, 1984, effective November 26, 1983, 14 Pa.B. 661; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130. Immediately preceding text appears at serial page (87697).

Subchapter I. RECORDS AND AUDITS

Sec.

§ 63.151. Duty to maintain.

 (a)  Operational records. Every apportioned carrier shall maintain the operational records on which its registration application is based for a period of 3 years. Operational records include documents supporting mileage traveled in each jurisdiction and total mileage traveled, such as fuel reports, trip sheets, logs and computer runs. An acceptable source document for verification of fleet mileage shall be some type of ‘‘Individual Vehicle Mileage Record’’ which shall be completed for each movement of a vehicle and which shall contain the following:

   (1)  Dates—starting and ending.

   (2)  The trip origin and destination.

   (3)  The route of travel.

   (4)  The total trip miles, including all movement—loaded, empty, deadhead or bobtail number.

   (5)  The mileage by jurisdiction.

   (6)  The unit number or vehicle identification.

   (7)  The vehicle fleet number.

   (8)  The registrant’s name.

   (9)  The driver’s signature or name.

 (b)  Failure to maintain records. An apportioned vehicle as to which a carrier fails to maintain adequate records, as required, shall be registered at the full annual registration fee for each year for which records were not maintained, unless the carrier provides evidence of nonuse of the vehicle satisfactory to the Commercial Registration Section.

 (a)  General rule. Operational records of a carrier shall be subject to audit by the Department or its agents and shall be made available by the carrier within 30 days of notice from the Commercial Registration Section or its agents. The carrier shall pay a deficiency found due as the result of the audit plus 1% per month assessment calculated from the first day of the audited registration year, plus a 5% additional assessment if the audited assessment is not paid within 30 days of the billing date.

 (b)  Out-of-State records. If the operational records of a carrier are not located or made available in this Commonwealth, the carrier shall pay the per diem and travel expenses of Department auditors or its agents.

   The provisions of this §  63.152 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; corrected February 24, 1984, effective November 26, 1983, 14 Pa.B. 661; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 278. Immediately preceding text appears at serial page (127606).

Subchapter J. [Reserved]

§ 63.171. [Reserved].

   The provisions of this §  63.171 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2130; amended January 15, 1993, effective January 16, 1993, 23 Pa.B. 278. Immediately preceding text appears at serial page (127607).