§ 43.5. Issuance of temporary registration cards.

 (a)  General rule. Cards will be issued in the following manner:

   (1)  Temporary registration cards will be issued only by the Bureau, by dealers, manufacturers, card agents and full agents authorized by the Bureau and by government agencies authorized by the Bureau. When required by law, dealers and manufacturers shall be licensed by the State Board of Vehicle Manufacturers, Dealers and Salespersons as a prerequisite to authorization by the Bureau.

   (2)  Temporary registration cards will be issued only in conjunction with issuance of a temporary registration plate by the Bureau, an authorized dealer, manufacturer, full agent or authorized government agency, or in conjunction with the transfer of a registration plate.

 (b)  Obtaining temporary registration cards. Issuing agents may obtain temporary registration cards at offices of the Bureau or upon written request to the Bureau.

 (c)  Issuance of temporary registration cards in connection with transfer of registration. Every issuing agent shall, upon request, issue a temporary registration card to the owner or lessee of a vehicle who has made proper application for transfer of registration on an application for certificate of title or other appropriate Departmental form. The agent information on the Departmental forms shall be completed in full by the agent.

 (d)  Duty to examine documents. The duty to examine documents includes the following:

   (1)  Before issuing a temporary registration card, the issuing agent shall examine the documents necessary to the transaction.

   (2)  A temporary registration card may not be issued unless the following items are found to be in order:

     (i)   Insurance information.

       (A)   Except as provided in clause (B), determination shall be made that the vehicle is insured by examining one of the following documents covering the subject vehicle, the vehicle traded for the subject vehicle or another vehicle owned by the applicant:

         (I)   An identification card as required in 31 Pa. Code Chapter 67, Subchapter B (relating to evidence of financial responsibility).

         (II)   The declaration page of an insurance policy.

         (III)   A valid binder of insurance issued by an insurance company licensed to sell motor vehicle liability insurance in this Commonwealth.

         (IV)   A copy of an application to the Pennsylvania Automobile Insurance Plan.

         (V)   A certificate of self-insurance issued by the Department.

       (B)   The requirement to check one of the documents listed in clause (A) does not require the agent to verify the information submitted unless the agent has reason to believe the documents are fraudulent.

       (C)   If the vehicle was acquired in this Commonwealth for transportation under its own power to another state for registration there, the issuing agent shall examine the driver’s license or other appropriate identification of the applicant to ascertain that:

         (I)   The applicant is an out-of-State resident.

         (II)   The vehicle was purchased within the previous 60 days.

         (III)   The applicant possesses one of the proof of insurance items identified in clause (A) issued by a company authorized to transact business in this Commonwealth or in the state to which the vehicle is being transported for title and registration therein.

     (ii)   Application. The application shall be properly and completely executed and notarized, as required, accompanied by the correct fees, taxes and other required forms or documents.

 (e)  Preparation of application. The issuing agent shall complete in ink, or by typewriter, or by data processing equipment the application for temporary registration. The issuing agent identification number shall be on all documents, including checks submitted by the issuing agent, submitted to the Bureau for processing.

 (f)  Copies of temporary registration card. Copies of the temporary registration card shall be handled as follows:

   (1)  The original copy of the temporary registration card, including the copy completed for the cardboard temporary, the regular registration card, and documents and fees necessary to the transaction shall be forwarded by the issuing agent to the Bureau within 20 days of issuance of the temporary registration card. These materials shall be forwarded either by an authorized messenger service, by mail or by delivery to an area designated by the Bureau.

   (2)  The applicant’s copy of the temporary registration card shall be given to the applicant, for possession by the driver of the vehicle whenever the vehicle is being driven on the highway.

   (3)  The agent’s copy of the temporary registration card, copies of related documents including bills of sale when the agent is also the dealer and a copy of the document used for identification and copies of the documents used for insurance verification shall be retained at the place of business of the issuing agent for at least 3 years and shall be made available for inspection only by police and authorized representatives of the Department. Cards issued in conjunction with the transfer of registration plates shall be kept separate from cards issued in conjunction with temporary registration plates. Cards shall be kept in chronological order according to the date of issuance.

 (g)  Fee not to be charged. An issuing agent may not charge a fee for issuing a temporary registration card in connection with transfer of registration except fees for notarization and messenger service, if requested by the applicant.

 (h)  Expiration or voidance of temporary registration cards. Temporary registration cards shall expire and become void upon the occurrence of one of the following:

   (1)  The receipt of the regular registration card from the Bureau.

   (2)  The rescission of a contract to purchase a vehicle.

   (3)  The expiration of 60 days from the date of issuance, or, in the case of a vehicle which was acquired in this Commonwealth for transportation to another state for registration or other use there, the expiration of 30 days from the date of issuance.

   (4)  The temporary registration plate is lost, stolen or defaced.

 (i)  Confidentiality. The agent’s copy of the temporary registration card and documents related to the application for title or registration shall be kept in strict confidentiality by the issuing agent, unless otherwise required by law or legal purpose.

 (j)  Receipts. An agent shall complete an itemized receipt, in duplicate, which lists the total fees payable to the Commonwealth on one line, and each fee charged for the agent’s services on a separate line. A copy shall be given to the customer and the other copy shall be retained by the agent for 3 years and shall be made available for inspection.

Source

   The provisions of this §  43.5 adopted September 2, 1977, effective September 3, 1977, 7 Pa.B. 2561; amended May 18, 1979, effective May 19, 1979, 9 Pa.B. 1630; readopted January 5, 1990, effective immediately and apply retroactively to November 17, 1989, 20 Pa.B. 21; amended July 9, 1993, effective July 10, 1993, except subsection (f)(3) is effective September 9, 1993, 23 Pa.B. 3347; amended November 27, 1998, effective November 28, 1998, 28 Pa.B. 5872. Immediately preceding text appears at serial pages (232788) to (232791).

Notes of Decisions

   Burden of Proof

   The Department met its burden of proving a motor vehicle dealership’s failure to timely file permanent documents for certificates of title by the uncontroverted testimony of a State trooper that the documents were not filed. Department of Transportation v. Notary Shoppe, 544 A.2d 98 (Pa. Cmwlth. 1988).

   Duty Owed by Issuers

   The duty owed by issuer of a temporary registration to person who has been injured be issuer’s neglect is limited to the extent that injured party is unable to recover first party benefits under 75 Pa.C.S. Chapter 17 (relating to Motor Vehicle Financial Responsibility Law). Capuzzi v. Heller, 614 A.2d 775 (Pa. Super. 1992).

   Tag service which failed to require proof of insurance when issuing temporary tag was not liable to victim of uninsured motorist since the victim would have access to basic loss benefits through the Assigned Claims Plan, established by the Legislature to protect uninsured victims of uninsured motorists, and the victim therefore was not injured by the tag services allegedly negligent act. Lieberman v. Abat’s Auto Tag Services, Inc., 496 A.2d 831 (Pa. Super. 1985).

   An automobile dealer who fails to ascertain the existence of no-fault insurance coverage prior to issuance of a temporary registration card and plate is answerable in trespass to one injured by the dealer’s neglect. Lyngarkos v. Department of Transportation, 426 A.2d 1195 (Pa. Cmwlth. 1981).

Cross References

   This section cited in 67 Pa. Code §  43.6 (relating to issuance of temporary registration plates); and 67 Pa. Code §  97.3 (relating to vehicle registration).



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