What’s in this License Bulletin?

• Messenger Certificates
• Adding/Deleting/Changing an employee from PennDOT records and triVIN’s OLRS
• Revised PUB 645 (4-12)
• Question of the Week

MESSENGER CERTIFICATES

A renewed Certification of Authorization to operate a messenger service business was sent to each AAA office on May 8, 2012 from the PA AAA Federation.  The expiration date on the Certificate of Authorization is June 30, 2013.     Please display the Certificate of Authorization prominently in your office for public viewing.

ADDING, DELETING, OR CHANGING AN EMPLOYEE NAME

1.  PennDOT notification to add, delete, or change an agent/messenger employee
To add, delete, or change a name for an agent/messenger employee on PennDOT’s records, Form MV-73B must be completed and submitted to PennDOT.    Form MV-73B can be downloaded from PennDOT’s website at this link:

http://www.dmv.state.pa.us/pdotforms/mv_forms/MV-73B.pdf

If adding an agent/messenger employee, a copy of the criminal history report from the PA State Police must be submitted with the MV-73B.  A criminal history report is not required to be submitted with Form MV-73B to delete or change a name of an agent/messenger employee.

2.  Adding an employee to the triVIN/DealerTrack’s OLRS
After logging in to the OLRS, at the Menu, click on PA Links.   You will see a “User Affidavit” form which must be completed and faxed to triVIN/DealerTrack at 860-448-3187 to add a new employee who will process OLRS transactions.   In addition, a copy of a criminal history report from the PA State Police must be faxed to triVIN/DealerTrack with the “User Affidavit” form.

3.  Delete a user name from the OLRS
triVIN/DealerTrack does not have a form to delete a user.  To delete a user of triVIN’s OLRS, send an email or a fax request to Abby Charest at triVIN/DealerTrack.  The email address to use is abby.charest@dealertrack.com.   The fax number is 860-326-2712 with the fax addressed to Abby Charest.   Your messenger number, DIN, name/address/telephone number of the AAA office and name of the AAA employee to delete must be included in the email or fax.

4.  Change of name for an OLRS user
triVIN/DealerTrack does not have a form to change the name of a user.  To change the name of a user of triVIN’s OLRS, send an email or a fax request to Abby Charest at triVIN/DealerTrack.  The email address to use is abby.charest@dealertrack.com.   The fax number is 860-326-2712 with the fax addressed to Abby Charest.   Your messenger number, DIN, name/address/telephone number of the AAA office, previous name and current name of the AAA employee whose name changed must be included in the email or fax.   Indicate the notification is a name change and the user is already set up on the system.

5. Notifying the Federation
In addition to notifying PennDOT and triVIN/DealerTrack about employee additions, deletions or a change of name, please send an email, fax or mail information of employee changes with your license work in an envelope to Sonya Wright at the PA AAA Federation – sonya@aaapa.org or fax number 717-238-3711.

The Federation maintains a spreadsheet with AAA employee names which is supplied to PennDOT annually when the messenger certificates are up for renewal.   Please send an email or fax information to Sonya Wright about the addition, deletion, or an AAA employee name change.   Include your club name, messenger number, AAA contact person’s name and telephone number in the email or fax.   Do not send a copy of a criminal history report for a new employee to Sonya Wright.

In addition, we are required to maintain a file with the PA On-Line Registration Program PennDOT Inquiry Information Confidentiality Policy (Part Two) forms in our office for OLRS users.  This form must be completed and signed by a new employee who will process online transactions in triVIN’s OLRS.    The new employee must read Part One and Part Two of the Confidentiality Policy forms.   After reading both Confidentiality Policy forms, the employee signs and dates Part Two, which can be faxed, scanned/emailed, or mailed to Sonya Wright, PA AAA Federation.    A copy of the Confidentiality Policy forms is included with this license bulletin and has been added to our website at Club Area > Important Documents.

Confidentiality Policy
Part 1 | Part 2 (PDF)

6. On-Line Messenger employee notifications
If your office operates an On-Line Messenger Service Center, there is a form on .centric to notify PennDOT of a new hire, to delete or change a profile of an OLM employee.

REVISED PUB 645 (4-12)

PennDOT’s PUB 645 – Enhanced Vehicle Safety Inspection – Self Study Training and Reference Guide has been revised and has an edition date of (4-12).  The manual was developed for enhanced vehicle inspection mechanics, and contains a lot of useful information which can be reviewed by agents about reconstructed, flood, specially constructed, etc. vehicles.

Here is the link to PUB 645 (4-12) which is at the motor vehicle forms area on PennDOT’s website.

http://www.dmv.state.pa.us/pdotforms/inspections/PUB%20645.pdf

QUESTION OF THE WEEK

Q1.  A customer contacted our office stating the Temporary Registration Permit we issued yesterday with a temporary registration plate blew out the window of her vehicle.   May we issue the customer another Temporary Registration Permit?
A1.  A new Temporary Registration Permit to replace one that has been lost, stolen, or defaced can only be issued by the same dealer/agent who issued the initial permit.

If the temporary registration permit your office issued to a customer is lost or stolen, the vehicle owner must provide a signed and notarized affidavit explaining it was lost before your office issues a replacement.  The affidavit must be kept in your records for auditing purposes.

What’s in this License Bulletin?

• Insurance restoration fee payable on PennDOT’s website
• NMVTIS Helpdesk telephone #
• Notary Public/I-9 review
• Results of breakout sessions
• AAA Statistics – OLRS transactions

INSURANCE RESTORATION FEE PAYABLE ON PENNDOT’S WEBSITE

Effective April 29, 2012, customers may now pay their $50 financial responsibility restoration requirement fee online with a credit card.  The customer will still be required to submit their proof of insurance to PennDOT to satisfy all restoration requirements.

To access the online payment option, customers will go to www.dmv.state.pa.us and select “Pay Your Financial Responsibility Restoration Fee”.    To login, users will need to provide the first eight numbers of the vehicle title number, the last four numbers of the Vehicle Identification Number (VIN) if the VIN is more than four digits long, and first two characters of the owner’s last name or the first two characters of the company’s name if a company owns the vehicle.

The customer should view and print their vehicle restoration requirements letter after payment to verify if any other requirements are needed to fully restore their registration.  PennDOT is reminding registrants it is illegal to operate a motor vehicle without valid vehicle registration and vehicle liability insurance in their possession.

NMVTIS HELP DESK TELEPHONE #

PennDOT’s NMVTIS Help Desk Telephone number is 717-772-2546.  When an issuing agent calls this number, they will get a message “you have reached the Safety Administration”. Select option 9 to be directed to the help desk.   A PennDOT employee will assist you to provide

information when a NMVTIS error message occurs during online processing and you need more information.  Or, you can call the NMVTIS Help Desk if a PennDOT rejection involving NMVTIS occurs when Form MV-1 or MV-4ST was submitted manually to PennDOT for processing.   The help desk is available Monday-Friday, 8:00 a.m. to 4:30 p.m.

NOTARY PUBLIC REVIEW

A representative from the PA Association of Notaries (PAN) attended the recent AAA license seminar.   The following is a review of the presentation which includes basic notary responsibilities and information about Form I-9 – Employment Eligibility Verification.  We thank the PAN representative for participating in the seminar.

Notarial Register
Each notary public is required to have and use a notarial register.  The notarial register cannot be shared by more than one notary public.   The notary cannot use two notarial registers at the same time.   Use only one notarial register until it is full, and then start another one.  You must maintain all notarial registers and keep them until you resign as a notary, at which time the notarial registers must be sent to the county recorder within 30 days.

The minimum items required to be entered in a PA Notarial Register are: 1) Date of the notarial act; 2) Character of the Act; 3) Parties to the Instrument (the signature of the person you are notarizing) and date; and 4) the notary fee.  If no fee is charged, enter “none”, Zero, or N/C (no charge).

The state of Pennsylvania mandates a notary public cannot charge more than $5.00 per notary seal.   The state of Pennsylvania does not mandate what you can charge for a clerical fee.

If there is a “Remarks” column, be careful what is written.   Do not enter the DL #, SS #, phone #, or an address since a notarial register is a public record.   If a notary chooses to write identification information in the “Remarks” column, you could enter the expiration date of a DL, last four digits of SS #, but it is not required.

Identifying the customer
The most important job a notary public does is to identify the customer who requests notarization of his/her signature.   You must make sure the person standing in front of you is who they say they are.

You can do this by one of three methods of identifying the person (you only need to use one of the below):

1. Satisfactory evidence – The ID must be government issued, must be current (not expired, even by one day), and contain an ID # or serial #.    The ID must contain a photograph or a physical description, or the signature of the bearer.   The best form of ID has a photograph and a signature.
2. Personal knowledge -   This is when the notary personally knows the person whose signature will be notarized.
3. Credible witness – A credible witness is defined as someone who testifies under oath or affirmation to the identity of your customer.

A driver’s license is what you will use most of the time as identification.    In regard to completing motor vehicle transactions and identification that can be used, refer to PennDOT’s fact sheet – Acceptable Proof of Identification Documents for Completing Motor Vehicle forms.

Never accept a photocopy of an ID.

When you can refuse to notarize

1. The customer does not have proper ID.
2. The customer does not understand the document that they want to be notarized.
3. The customer is not willing to participate.   Is the person willing to have his signature notarized?  If not, refuse notary service.
4. The customer is under the influence of drugs or alcohol.
5. If there are signs of dementia.
6. If the document does not have proper notarial language on it.
7. If you feel uncomfortable for any reason, do not perform notarization of a document.

Notarial language
You need to have a venue and a jurat on the document that is to be notarized.  The venue and jurat can be added by the notary public if they are not on the document that is to be notarized.

Venue – A venue is about the location when notarization took place.   An example is: Commonwealth of PA, County of _________.   A venue goes on every document.  If a venue is not on a document that will be notarized, the notary must place it on the document.  If the document has a preprinted county in the venue, draw one line through the preprinted county and write the correct county name.

You can notarize a document from another state, but you must check the document to make sure the state listed in the venue has PA written on it when notarization is being done in PA.  If another state is already shown on the venue, you can draw one line through it and write “PA” on the document.

Jurat – This is a sentence as follows:  Sworn to and subscribed before me this ____ day of __________, 20 __.   The day, month, and year must be completed on the jurat which will be on the document to be notarized.   The person must sign the document in front of you.

Oath – An oath must be given to the person that requests notarization of his/her signature.   The customer does not have to raise his hand during the oath, just ask for example:  Do you swear all the information on the document is true?   If the customer answers yes, notarization can be done.

Certifying a document
The customer must have the original document in front of them.   The original document will have a wet signature (an original signature written on the document, as opposed to a signature on a photocopied or faxed document) on it.  You photocopy the original document and compose a certificate that goes with the photocopy of the original document.  A “Certificate” has the following elements; 1) a Title (Certificate), 2) Venue, 3) Body – usually begins with the words, “I certify” followed by your precise statement of exactly what you are certifying.  The body of the certificate usually ends with the words, “In witness whereof, I hereunto set my hand and official seal”, 4) notary’s signature and seal, and 5) date of the notarial act.

Complete instructions on how to compose a “Certificate” with other important information for a notary is printed in PAN’s Practical Guide for Notaries Public.

What to do if there is no notarial wording on a document
Ask the customer what notarial act they want.   If they do not know, you can explain the differences between the most common notarial acts; an Affidavit or Acknowledgement.

For example, with an Affidavit, you explain to the customer, you must sign in front of me; I must give you an oath.   With an Acknowledgement, you explain to the customer, I must verify that you signed the document and you must know what you are doing.

You cannot tell the customer what type of notarial document they have that requires notarization.    The customer must inform you of that information.  If the customer can’t tell you what type of document they want notarized (for example – an affidavit), the notary must refuse to notarize the document.

After identifying the type of document to be notarized, the notary can add notarial language when appropriate, if it is not already printed on the document.

I-9 – Employment Eligibility Verification Form
Some individuals are coming into AAA offices with Form I-9 and requesting it be notarized.

The purpose of the I-9 form is to document that each new employee (both citizen and non-citizen) hired after November 6, 1986, is authorized to work in the United States.  The form says all employees (citizens and non-citizens) hired after November 6, 1986 and working in the United States must complete Form I-9.

Some employers are informing prospective employees that Form I-9 needs to be notarized.  That is inaccurate information.

The important thing to know about Form I-9 is that it cannot be notarized.   Do not notarize Form I-9.  In essence, the notary public would be notarizing her/his own signature on Form I-9.

Form I-9 is also not required to be completed by a notary public.    If a notary public assists a person in completing this form, in Section 2, at the Certification, in the Title block, write “Authorized Representative”.  Do not write “Notary Public” since you are not acting in the capacity of a notary public.

If desired, you can view and download Form I-9, the instructions for completing this form, and the list of acceptable documents to help complete Section 2 of the form, at the Department of Homeland Security’s website:

http://www.uscis.gov/files/form/i-9.pdf

RESULTS OF BREAKOUT SESSIONS AT AAA LICENSE SEMINAR

During the recent AAA Spring License Seminar, two breakout groups brainstormed for ideas to improve the OLRS.  After the breakout sessions, the attendees decided which suggestions were high priority, medium priority, and low priority items.   During the next year, triVIN will use this information to work on improving the OLRS.  Several items on the list will require PennDOT’s approval before the suggestion/change could be made to the OLRS.   Here are the results:

 High Priority List

1. $10.00 retired status – Add the ability to process a registration for the $10.00 retired status processing fee.
2. Death procedure – waive $6.00 transfer fee for the surviving spouse (when titled in husband/wife’s names).
3. NMVTIS – Decode NMVTIS at the beginning of the title transaction, instead of the end.
4. Owner/Lessee transaction – Allow more flexibility to correct mistakes that are made with an Owner/Lessee transaction.
5. Drop down box for FIN – Improve the drop down box for FIN #’s.
6. Sales tax credit – Allow use of sales tax exemption reason code #12 when vehicle was owned less than six month in a reciprocal state.
7. Dupl. title count – Fix the Duplicate Title Count on the Applicant Summary Statement for PA titles.
8. GVWR/GVW problem – Request PennDOT to fix the problem with the GVWR. The GVWR sometimes changes on the title record when a truck owner requests to lower the requested gross weight.
9. State of Origin – Change the State of Origin for PA to “none”.  The State of Origin should never be PA when an MCO or PA title is the proof of ownership.
10. Mobile home sales tax exemption # – Add sales tax exemption reason code #3 for mobile homes.
11. Payment – Allow the ability to switch the method of payment if is a mistake is made during processing – ACH vs. check payments.
12. Combination weight – Develop the ability to add combination weight for truck transactions.
13. AAA testing – Allow AAA to test new transactions before they are released for all business partners.

Medium Priority List

1. “Make” table – Improve the “make” table for motor homes.  Either develop a separate “make” table for motor homes or change the current “make” table so it is easier to select the body/chassis names.   Also, improve the “make” table so it is easier for the processor to tell what the “make” should be.
2. Special Organization Plates – Develop the ability to issue a special organization plate through the OLRS.
3. ELT – Show the ELT list live.
4. PennDOT Forms – Add the ability to complete PennDOT forms when processing a title transaction in the OLRS.   Use the information that was data-entered and map it over to Forms MV-13ST, MV-39, MV-41, etc. which results in the PennDOT form being printed.
5. 17 Digit VIN transactions – Show an error message if a 1981 or newer car or truck was entered by the online processor with only 16 digits of the VIN.   Currently, the processor could enter 16 digits of the VIN with no error message.  This results in a Title Recall.

Low Priority List

1. Omni-bus transactions – Add the ability to process omni-bus transactions in the OLRS

AAA STATISTICS – OLRS TRANSACTIONS

At the recent AAA Spring License seminar, a PennDOT representative provided statistics regarding the quality control rating for AAA online title transactions.    During the past two quarters, the AAA quality control rating was 98%, which is excellent.   PennDOT’s quality control unit examines a certain number of online title transactions after the PA AAA Federation examiners review the triVIN work for accuracy.  The most common type of errors found by PennDOT’s Quality Control employees for AAA work was name typos and transposed tag numbers.

132 Transaction Problem Reports were completed and faxed to triVIN by AAA offices during the past two quarters for missed liens, incorrect plate on Applicant Summary Statement, misspelled owner’s names, etc.

Keep up the good work!

What’s in this License Bulletin?

• Revised Forms and Fact Sheet
• Import Vehicle Information
• Customer Check Information
• Duplicate Title Information
• Questions of the Week

REVISED FORMS AND FACT SHEET

The following forms and fact sheet have been revised and are available on PennDOT’s website:

Forms

1. DL-54A (4-12) – Application for Initial Identification Card
2. MV-349 (1-12) – Application for Vehicle Dealer Registration Plates for Dealers Licensed by Department of State

Fact Sheet

1. Specially Constructed Vehicle Titling Procedure – April 2012

A revised list of BMV/BDL Fact Sheets is included with this license bulletin.   The revised list of Fact Sheets and revised list of BMV/BDL forms have been posted to our website at Club Area > Important Documents.

Current List of Bureau Fact Sheets
Click here to access the document

Motor Vehicle and Driver License Forms
Click here to download the document in PDF Format (requires Free Adobe Reader)

IMPORT VEHICLE INFORMATION

Recently we received a question asking if a customer who has an MV-1 Import Vehicle title application can go to PennDOT’s Driver and Vehicle Services Center and have the title application processed over the counter.

The answer is yes.  PennDOT will process the title application for the imported vehicle, but only if all required documents as outlined on the Import/Export Fact Sheet and the proof of ownership are presented and correctly completed.   Many import vehicle transactions are rejected by PennDOT because of missing documents, etc.    A customer might be disappointed if they go to PennDOT in Harrisburg and a document for an import vehicle title application is not complete or missing.    As a reminder, a temporary plate cannot be issued and Form MV-1 cannot be given to the vehicle owner.  If the owner wants to go to PennDOT, PennDOT will complete the MV-1.  Please put a sticky note on top of the BUD labeled “Import Vehicle” for an Import Vehicle title application when sending the MV-1/proof of ownership, etc. to the PA AAA Federation.

We updated a chart with an edition date of April 2012 that is on our website at Club Area > Important Documents, explaining what BDL and BMV transactions can be processed at PennDOT’s ROC.   The chart is named “VR DL Transactions and Products Processed at ROC”.

CUSTOMER CHECK INFORMATION

Stamping your messenger number on a customer or club check or money order is very important.   A check or money order can become detached from the paperwork.  By stamping you messenger number on the check or money order it is easier to match it with the PennDOT form.  In addition, it is a PennDOT requirement to stamp your messenger number on all documents, including checks that are submitted to PennDOT.    Checks that are submitted with online transactions must also be stamped with your messenger number.

PennDOT is reminding messengers that a messenger number should not be stamped in the lower right hand part of the check.  When the messenger number is stamped near the “MICR” line, it creates problems for the bank and the micrographics processing area.  The bank and the micrographics area machines are not able to read the “MICR line” which is where the routing and accounting numbers are located.

Please stamp your messenger number on the “top center” of the check.    This includes checks that were processed online in triVIN’s OLRS.

DUPLICATE TITLE INFORMATION

When a PA title for a vehicle that is titled in PA by a person who moved out-of-state is lost, stolen, or defaced, the owner must apply for a duplicate PA title.    In order for the duplicate title to be sent out-of-state to the vehicle owner’s address, the following must be submitted with Form MV-38O:

1. a copy of the owner’s out-of-state driver’s license;
2. a copy of a utility bill from the state where the owner resides; and
3. a self addressed stamped envelope with the owner’s out-of-state address

The MV-38O must be special handled and processed in the Messenger Service Center.  Please send the MV-38O and the items listed above in an envelope addressed to Sonya Wright or Mary Horchler. Include a note explaining the title was lost and the owner is requesting PennDOT to mail the PA title be sent to the owner’s out-of-state address.

QUESTIONS OF THE WEEK

Q1.  A mobile home that is titled in PA is being transferred from an individual to a company.  Is sales tax due?
A1.   No.  The same rules apply with regard to transferring ownership of a vehicle that is listed on PennDOT’s “Transfer between Business Entities” fact sheet. Because it is a mobile home no sales tax is due.  Sales tax exemption reason code #3 is completed on the MV-4ST in Section I.  Do not enter a purchase price for a mobile home in Section I on the MV-4ST, since #3 will be entered as the sales tax exemption reason code.

Q2.  An online intransit plate was issued to an out-of-state resident today.   After the purchaser left the office, the seller of the PA titled vehicle came back to AAA and said the deal fell through; the out-of-state purchaser did not want the vehicle due to a mechanical problem.    Since Section A on the back of the PA title was completed, the PA owner must apply for a duplicate title.   Can the PA vehicle owner apply for a duplicate title with no processing problems or will something in PennDOT’s computer system stop the duplicate title from being processed?  Must the seller wait for a period of time before the duplicate title can be processed in his name?
A2.  The MV-38O duplicate title application can be processed with no processing problems; there is no waiting period to do this.

Q3.  Can a PA title application be processed in the name of a Family Trust?
A3.  The PennDOT rule is no, a vehicle must not be titled in the name of a Family Trust.   Occasionally, a PennDOT processor or online processor could title a vehicle in the name of a Family Trust.  If that happens, and is reported to PennDOT, the PA title will be recalled.  The PA title could then be titled in the name of the trustee or another name.

What’s in this License Bulletin?

• 2012 AAA Spring License Seminar Information
• Combination Weight Information
• Proof of Insurance when issuing an intransit plate
• Lowering the gross weight on a truck

2012 AAA SPRING LICENSE INFORMATION

The 2012 AAA Spring License Seminar held on April 23 & 24, 2012 at the Sheraton Harrisburg-Hershey Hotel was very successful.    We had a variety of speakers from PennDOT, the Pennsylvania Association of Notaries, PA Motor Truck Association, triVIN/Dealer Track and the Pennsylvania Department of Revenue.

Included with this license bulletin is a list of questions and the answers on motor vehicle subjects that were submitted before the seminar and answered by PennDOT.   This document has also been placed on our website at Club Area > Important Documents.

We will provide clarification on a few questions that were asked at the seminar.  In addition, a review of the subjects covered at the seminar will be provided in future license bulletins.

BMV/BDL Q/A’S From The 2012 AAA Seminar
Click here to download the document in PDF Format (requires Free Adobe Reader)

COMBINATION WEIGHT INFORMATION

A discussion took place at the recent AAA seminar questioning the requirement of registering a truck in combination weight if the truck pulls a recreational trailer (camper) with a registered gross weight of over 10,000 lbs.

The answer given by a PennDOT representative was that a truck owner pulling a recreational trailer (camper) with a registered gross weight over 10,000 lbs. must title/register the truck in combination weight.

There is no exemption in the Vehicle Code for a truck from being registered in combination weight if a “recreational trailer” with a registered gross weight of over 10,000 lbs is being pulled by a PA titled truck.

In addition, if the owner of the “recreational trailer” with a GVWR of over 10,000 lbs. requests PennDOT to lower the gross weight of the trailer to be under 10,000 lbs., and the truck that pulls the recreational trailer is not titled/registered in combination weight when pulling the recreational trailer, the truck owner could be cited by a law enforcement official for not having the truck registered in combination weight.

To register a truck in combination weight, the PA title must be submitted with a completed Form MV-41, a check for $22.50 and the increase fee.  All applicable sections on the MV-41 must be completed and the owner must sign the MV-41.   A PA inspection mechanic must complete section E on Form MV-41 to verify the GCWR (gross combination weight rating).    In addition, the vehicle owner must provide one of the additional documents; 1) a vehicle manufacturer’s specification sheet, 2) a clear photo of the vehicle manufacturer’s specification label (usually found on the driver side door jam or engine compartment), or 3) a letter from the vehicle manufacturer (on letterhead) stating the VIN, make and model and gross combination weight rating of the truck.

PROOF OF INSURANCE WHEN ISSUING AN INTRANSIT PLATE

At the 2012 AAA Spring License Seminar, a question was asked in regard to proof of insurance presented to an issuing agent when an intransit plate is to be issued and processed online.  The question was can the proof of insurance that is presented by the person requesting the intransit plate be from Pennsylvania or must it be out-of-state insurance. A PennDOT representative indicated the proof of insurance had to be out-of-state insurance when issuing an intransit plate.

We requested clarification from PennDOT after reviewing Title 67 (Transportation), Chapter 43.5 (d) Duty to examine documents (2) (i) (C).  Section C in Title 67, Chapter 43.5 (d) (2) (i) (C) says:

(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 application 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.

Clause A in Chapter 43 pertaining to acceptable proof of insurance indicates the following insurance documents are acceptable:

(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.

Based on Title 67, Chapter 43, (d) Duty to examine documents (2) (i) (C), we believe an issuing agent could accept proof of insurance from Pennsylvania when issuing an intransit plate to an out-of-state resident who purchases a vehicle in PA within the last 60 days.   We will notify the AAA clubs if PennDOT has a different opinion on this subject.

Often the proof of insurance to issue an intransit plate will be from another state, but based on Title 67, Chapter 43.5, proof of insurance from Pennsylvania is also acceptable to issue an intransit plate.

LOWERING THE GROSS WEIGHT ON A TRUCK IN PENNSYLVANIA

Sometimes a Pennsylvania truck owner requests to lower the gross weight of a truck with the goal of paying a lower registration fee.    On occasion, the requested gross weight for a truck by the owner could be within a few hundred pounds higher than the unladen weight.

A question came up recently on how low a truck owner could legally lower the requested gross vehicle weight and be in compliance with the Vehicle Code.

Title 75 (Vehicle Code), Section 1304. Registration Criteria (e) contains the following information:

Section 1304. Registration criteria (e) Minimum registered gross weight—
No truck, truck tractor or trailer shall be registered at less than the total of the weight of the unladen vehicle, the maximum weight of the proposed load, the equivalent weight of the fuel capacity, 150 pounds times the seating capacity, and the weight of any permanently or temporarily attached appurtenances.

As a courtesy and for educational purposes, AAA offices could provide this information to Pennsylvania truck owners who are lowering the gross weight of a truck to avoid paying a higher registration fee.   PennDOT will process the request to lower the gross weight of the truck.  It is up to the truck owner to be in compliance with the Vehicle Code.

What’s in this License Bulletin?

• New Law Information
• Voter ID Information

NEW LAW INFORMATION

1) Act 33 of 2012
Senate Bill 1228 (Printer’s # 1716) was signed into law on April 12, 2012.  Act 33 amends Title 73, Chapter 28, Section 6 of the Trade and Commerce Automobile Lemon Law.   The time-period extension, Section (b) in bold print below is the new part of the law which takes effect in 60 days or June 11, 2012.

Section 6.  Presumption of a reasonable number of attempts.

a. General rule.—It shall be presumed that a reasonable number of attempts have been undertaken to repair or correct a nonconformity if:

(1) the same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or

(2) the vehicle is out-of-service by reason  of any nonconformity for a cumulative total of 30 or more calendar days.

b. Time-period extension.—

(1) The minimum number of calendar days provided for in subsection (a) (2) shall be extended by a period of not more than 30 additional calendar days if the repair cannot be completed by the manufacturer, its agent or authorized dealer by reason of war, act of terrorism, civil unrest, fire, flood or natural disaster.

(2) The minimum number of calendar days provided for in paragraph (1) may be extended for not more than 90 additional calendar days if the manufacturer files a sworn affidavit with the Office of Attorney General stating that repair could not be completed because of one or more of the reasons described in paragraph 1.

(3)  Paragraphs 1 and 2 shall apply only if the manufacturer, its agent or authorized dealer lends a motor vehicle to the owner at no charge during the period of time under paragraphs 1 and 2, respectively, that the owner’s vehicle is with the manufacturer, its agent or authorized dealer for repair.

2) Act 25 of 2012
House Bill 1203 (Printer’s # 1598) was signed into law on April 12, 2012.    Act 25 amends Title 75 (Vehicle Code), Section 1340, Antique, classic or collectible plates.  Section (a.1) Vintage registration plates (in bold print below), was added and is effective in 120 days or on August 10, 2012.    We must wait for PennDOT to review the law and give their interpretation.

Section 1340. Antique, classic and collectible plates.

(a)       General rule.—Upon submission by a vehicle owner of information satisfactory to the department that a motorcycle or motor vehicle is an antique motorcycle or motor vehicle or classic motorcycle or motor vehicle or collectible motorcycle or motor vehicle, accompanied by the appropriate fee, the department may issue special plates for the motorcycle or vehicle.  The special plate for antique motor vehicles, except antique motorcycles, shall bear the designation “antique vehicle.”   The applicant shall provide photographic proof in a manner specified by the department to demonstrate the condition of the motor vehicle.  No annual registration fee may be charged for antique, collectible or classic motorcycles or motor vehicles.  A holder of the special plates may obtain replacement plates bearing the designation “antique vehicle” upon payment of the appropriate fee.

(a.1)  Vintage registration plates.—In lieu of a special plate issued under subsection (a), the owner of an antique or classic motor vehicle may request permission from the department to display a vintage registration plate from the model year of the motor vehicle.  The vintage registration plate shall be:

(1) Provided by the motor vehicle owner.

(2) A Pennsylvania registration plate issued between the years 1906 and 1975.

(3) Legible from a reasonable distance.

The applicant shall provide information as the department may require for processing the request and a $75 application fee.  The department may deny a request to use a vintage registration plate for cause.

(b)  Use of plates.—It is unlawful for any person to operate a motorcycle or vehicle with antique, classic, vintage or collectible registration plates for general daily transportation.  Permitted use shall be limited to participation in club activities, exhibits, tours, parades, occasional transportation and similar uses.  Occasional transportation shall mean no more than one day per week.

VOTER ID INFORMATION

Individuals who have a religious belief prohibiting them from having their photo taken can apply for a Valid without Photo Driver’s License or Identification Card.  To begin the application process, a notarized affidavit from the Bureau of Driver Licensing entitled “Affidavit in Support of Exemption for Sincerely Held Religious Beliefs” (included with this license bulletin) must be submitted to:  Bureau of Driver Licensing, P.O. Box 68678, Harrisburg, PA 17106.

Upon receipt of the original notarized “Affidavit of Support of Exemption for Sincerely Held Religious Belief” form, PennDOT will review the information and issue a letter with PennDOT’s determination or a request for additional information.

If the request has been approved, the customer will need to take the approval letter; an Application for Initial Driver’s License (DL-180) or the Application for Initial Photo Identification Card (DL-54A); proof of citizenship or proof of legal presence, identification and residency documentation listed on the back of the DL-180 and DL-54A forms, as well as the applicable fee to a PennDOT Driver License Center for processing.

When all of the requirements have been met, the customer will be issued a camera card or learner’s permit.

When a camera card is issued, the customer must sign it and surrender it to the Driver License staff for submission to PennDOT in Harrisburg for processing.  The Valid without Photo Driver License or Identification Card will be sent to the customer in the mail.

Affidavit in Support of Exemption for Sincerely Held Religious Beliefs
Click here to download the document in PDF Format (requires Free Adobe Reader)

What’s in this License Bulletin?

• Revised Forms and Fact Sheets
• Removing an “S” (Stolen Vehicle) Stop from a PA title record
• NMVTIS Processing Information
• PA ID Q/A
• Question of the Week

REVISED FORMS AND FACT SHEETS

The following BDL forms/fact sheets have been revised and are on PennDOT’s website to download.

BDL Forms

1. DL-11CD (4-12) – Self Certification Form
2. DL-288 (2-12) – Hazardous Materials Endorsement Application for Security Threat Assessment

BDL Fact Sheets

1. Self-Certification/Medical Examiner’s Certification – April 2012
2. U.S. Patriot Act New Requirements for CDL Holders with a HAZMAT Endorsement – March 2012

We are including a revised List of BMV/BDL Fact Sheets with this license bulletin.  A revised list of BMV/BDL Forms has been posted to our website at the Club Area > Important Documents.

Current List of Bureau Fact Sheets
Click here to access the document

Motor Vehicle and Driver License Forms
Click here to download the document in PDF Format (requires Free Adobe Reader)

REMOVING AN “S” (STOLEN VEHICLE) STOP FROM A PA TITLE RECORD

Sometimes an S (stolen) vehicle stop is placed on a PA vehicle record because the vehicle was reported stolen.  After the vehicle is recovered, and taken off the National Crime Information Center (NCIC) database by a police department, the “S” stop still needs to be removed from PennDOT’s computer before any transactions can be processed.  An AAA staff member may call PennDOT’s Office of Risk Management to request the “S” stop to be removed from the vehicle record at PennDOT as long as the stolen stop has been removed from the NCIC.  Call PennDOT at 717-783-3508 or 717-705-9913 and provide the title number and vehicle owner’s name.   Explain the vehicle is showing an S (Stolen) stop on PennDOT’s computer, but the vehicle was recovered on NCIC and request the S stop be removed from PennDOT’s computer.

NMVTIS PROCESSING INFORMATION

Stolen Vehicle Stop Processing Infor.
If triVIN’s OLRS gives a NMVTIS message indicating a vehicle is stolen, and won’t allow an online title transaction to be processed because NMVTIS is reporting the vehicle was stolen, the title application cannot be processed manually by PennDOT until the stolen vehicle indicator has been removed from the National Crime Information Center (NCIC) database by a police department.  If there is a stolen vehicle stop on record with NCIC, do not submit a manual title application to PennDOT for processing.   Call PennDOT’s Office of Risk Management at 717-783-3508 to obtain information for the client about their vehicle that was reported stolen.

A new resident could have an out-of-state title and present it as proof of ownership requesting a PA title application to be completed.   The new resident might not be aware the vehicle was reported stolen in another state, but that information will show up in NMVTIS when the title application is being processed.    If your office is not aware the vehicle was stolen (you didn’t try to process the title application online), and an MV-1 or MV-4ST was submitted to PennDOT for processing, it will be sent to the Office of Risk Management for review if the S stop shows up in NMVTIS.    The Office of Risk Management will reject the title application and provide the police department’s name and telephone number that reported the vehicle as stolen.  The owner must notify the police department which reported the vehicle stolen, so the stolen record can be removed from the national system.  After the originating police department transmits a recovered vehicle report to the National Crime Information Center, the title application may be resubmitted to PennDOT for processing.

PA ID Q/A

Q. May the seller of a PA titled vehicle present a valid passport as proof of ID to a notary public?

A. According to PennDOT and the Notary Public Law, the seller of a PA titled vehicle is permitted to present a valid passport as proof of ID to a notary public. Of course, a notary is not required to accept a passport as ID. A notary may reject any proof of identification if he or she feels that there is a reason to reject it. But if the notary is satisfied that the passport appears to be legitimate, the Notary Public Law says it’s okay to accept a passport for notarization purposes.   Keep in mind, PennDOT’s procedures are that a valid passport is not one of the acceptable forms of ID for the purchaser of a vehicle that will be titled in PA since there is no address on a passport.   The purchaser(s) of a vehicle to be titled in PA cannot use a passport as proof of ID.    Only the items listed on PennDOT’s “Acceptable Proof of ID Documents for Completing Motor Vehicle Forms” can be used as proof of ID for the purchaser(s) of a vehicle to be titled in PA.

If the seller and purchaser’s signatures are notarized on the PA title, by a notary public that is employed by an issuing agent who will be completing the PA title application, a photocopy of the ID for the seller and purchaser must be retained by the issuing agent for three years with the copy of the MV-1, MV-4ST or Applicant Summary Statement and supporting documents.   A photocopy of the seller’s valid ID is not required to be submitted to PennDOT with the title application.  A photocopy of the purchaser’s valid ID must be submitted to PennDOT with the PA title application.

QUESTION OF THE WEEK

Q1. Will PennDOT title a vehicle in PA in a trustee’s name for an irrevocable trust?

A1. The trust can be a revocable or irrevocable type of trust.   PennDOT only titles a vehicle in the name of a trustee, not the name of the trust.   For example, John Doe is the trustee of the John Doe Revocable Living Trust.   Since John Doe is the trustee named in the John Doe Revocable Living Trust, he could request PennDOT to title his vehicle in PA as follows, John Doe, Trustee, UDT, 12/13/2010.   UDT means Under Date of Trust.  The date after UDT is the date the trust was established.

What’s in this License Bulletin?

• 2012 AAA Spring License Seminar Agenda
• Inspection question for a classic vehicle
• MV-39 Q/A

2012 AAA SPRING LICENSE SEMINAR AGENDA

Included with this license bulletin is the agenda for the 2012 AAA Spring License Seminar.  This one and one-half day seminar will be held on April 23 & 24, 2012 at the Sheraton Harrisburg-Hershey hotel, 4650 Lindle Road, Harrisburg, PA 17111.

Please contact Carol Trego if you have any questions about the seminar.   We look forward to seeing AAA employees who will be attending the seminar.

2012 AAA Spring License Seminar Agenda
Click here to download the document in PDF Format (requires Free Adobe Reader)

L VIN INFORMATION

Riding and buying motorcycles is in full gear with the warmer weather.  With the high price of gas, some people are purchasing new motorcycles, etc.  PennDOT’s Driver and Vehicle Services February Update Newsletter # 12-02 contained information about motorcycles, etc. specifically when the VIN of a motorcycle, motor scooter, etc. begins with an L.

Many new (and some submitted with an out-of-state title) two or three wheeled motorcycles, motor-driven cycles, motor scooters and motorized pedal cycles title applications that have a VIN beginning with an L are required to be examined by

PennDOT’s Special Services Unit.    If you are presented with an MCO or out-of-state title for a motorcycle, etc. or other bike and the VIN begins with an L that is not listed to the exception list below, please attach a sticky note so we can send the MV-1 title application to the Special Services Unit in PennDOT.

Exceptions – Those approved by PennDOT that do not require initial examination
While the PennDOT procedure regarding
the special examination of the L VIN for motorcycles, etc. title applications remains in place, listed below are motorcycle, etc. type vehicles are not subject to the PennDOT special examination process.   Title applications for the vehicles below may be processed online and temporary registration plates issued or transfer of a registration done if requested:

1) Chungeng Holding Group Co LTD motorcycles, etc. with a VIN beginning with LCETDNP

2) Zhejiang Lingyun Motorcycle Co LTD motorcycles, etc. with a VIN beginning with L1E

3) Changzhou Kwangyang Motor Co LTD (Kymco) motorcycles, etc. with a VIN beginning with LC2

4) Yamaha motorcycles, etc. with a VIN beginning with LPR and are designated as model XF50, XC50, YW50, YW125, and YJ125

5) Shanghai Jmstar Motorcycle Co Ltd Motorcycles, etc. with a VIN beginning with LJ4

6) Taizhou Zhongneng Motorcycle Co Ltd motorcycles, etc. with a VIN beginning with L5Y

7) Huzhou Daixi Zhenhua Tech Trade Co Ltd motorcycles, etc. with a VIN beginning with L37

Dealers who offer two-or-three wheeled vehicles with a VIN beginning with the letter “L”, that are not listed in the exception list, could decide to title these motorcycles, etc. in the name of the dealership in order to have the special examination performed by PennDOT and a PA title issued in the dealer’s name prior to selling the motorcycle type vehicle to a customer.   This will allow a buyer to have the title transfer processed by an agent of PennDOT and a temporary registration issued at the time of sale.

Title applications for two and three wheeled vehicles with a VIN beginning with “L” (other than the exceptions listed above) where the proof of ownership is an MCO or an out-of-state title must be submitted to PennDOT’s Special Services Unit for examination and no temporary plate may be issued or transferred for these vehicles.

When PennDOT issues a Pennsylvania title for motorcycle type vehicles that has a VIN beginning with an L, and it is subsequently sold, the L VIN title application is not required to be examined again in PennDOT’s Special Services Unit. That means vehicle owners who sell a two or three wheeled vehicle already titled in Pennsylvania, with a VIN beginning with the letter “L” may have the title transfer processed by an agent of PennDOT and if requested, a temporary registration issued or a registration plate can be transferred.

INSPECTION QUESTION FOR A TRUCK WITH GVWR OF 33,000 LBS. THAT HAS A CLASSIC PLATE

A truck with a GVWR at 33,000 lbs. has a PA classic title and registration plate.  A vehicle with classic or antique plate is only
required to be inspected once a year, regardless of the weight.

Q. Since the GVWR of the truck with a classic plate is not a factor in terms of semi-annual inspection of the truck, can the owner take his truck to any inspection mechanic or must he take it to an inspection station that inspects bigger trucks?
A.  The inspection of this truck must be performed by an PA inspection mechanic that is certified to inspect vehicles in excess of 17,000 lbs., and performed at a PA inspection station that can accommodate a vehicle of that size even though it has classic plates and is inspected annually.

MV-39 Q/A

Notarization is required on Form MV-39 if section D (II) is completed with additional heirs that did not sign off on the PA title as the seller(s) of the vehicle on behalf of the deceased person.

Q. Is notarization of a person’s name that was enter in Section D (i) on Form MV-39 required to be done in Section E on Form MV-39 if the heir(s) in Section D (i) already signed off on the back of the PA title and had their signature(s) notarized?
A. PennDOT said Form MV-39 states notarization in Section E is required if Section D and/or F is completed.  This means the persons’ signatures in block D (i) and D (ii) (if applicable) must be notarized in Section E on Form MV-39.   This notarization requirement is in addition to the signatures of the heirs that were notarized on the back of the PA title.

REVISED “AFFIRMATION THAT VOTER DOES NOT POSSESS PROOF OF IDENTIFICATION FOR VOTING PURPOSES

On the reverse side of this license bulletin is a revised form “Affirmation That Voter Does Not Possess Proof of Identification for Voting Purposes” which has an edition date of 3/26/12.

When a customer has an expired PA Driver’s License or an expired PA Identification Card it can be used for voting purposes for one year from the date of expiration. If that applies, a customer cannot sign the “Affirmation That Voter Does Not Possess Proof of Identification for Voting Purposes” form, nor should they be issued a free renewal ID until one year has elapsed from the expiration date on the driver’s license or ID card.

A renewal of a photo ID cannot be processed as an over the counter transaction at an On-Line Messenger Center if the customer is applying for a free product for voting purposes.  Initially, a customer who has no photo ID to use for voting purposes, etc. and needs a PA Photo Identification card, must go to a PennDOT License Center to apply for one.  The instructions are on PennDOT’s website at the following link:
http://www.dmv.state.pa.us/voter/voteridlaw.shtml

To apply for a free photo ID for voting purposes, the customer must complete the “Affirmation That Voter Does Not Possess Proof of Identification for Voting Purposes” form.  There are no changes to any applications or processes.  The only change is that the photo ID is free to those who
qualify. A completed “Affirmation That Voter Does Not Possess Proof of Identification for Voting Purposes” must accompany the customer’s DL-54A. PennDOT will process the DL-54A with no fee for qualifies persons.  Customers must still visit a PennDOT Driver License Center to request an initial issuance of a photo ID.

If the customer loses his/her PennDOT issued Photo ID card or camera card, a messenger service can submit a DL-54B and an “Affirmation That Voter Does Not Possess Proof of Identification for Voting Purposes” form to PennDOT for processing through the Messenger Service Center.  Please remember to stamp your messenger number on the forms before mailing them with your license work.  Attach a paper clip to the “Affirmation That Voter Does Not Possess Proof of Identification for Voting Purposes” form and the DL-54B.

Affirmation That Voter Does Not Possess Proof of Identification for Voting Purposes
Click here to download the document in PDF Format (requires Free Adobe Reader)

REVISED DL-11CD FORM

Form DL-11CD, which is a self certification driving type form for commercial drivers, with an edition date of 3-12, contains the following information which was recently added to the form:

To ensure the prompt processing of your Medical Examiner’s Certificate as required by the Federal Motor Carrier Safety Regulations, when you copy your wallet card please enlarge the copy to 5 inches by 7 inches and make sure that all of the health care provider information is complete and legible.  These steps will ensure your information is added to our system correctly and reduce the chance of the information being returned to you for clarification.

DVS UPDATE NEWSLETTER # 12-04

On the reverse side of this license bulletin is PennDOT’s March 2012 Driver and Vehicle Services Update newsletter # 12-04. The following information is included the newsletter:

Odometer Repair and Replacement
PennDOT has recently received inquiries regarding the repair and replacement of vehicle odometers.  Title 75, the Pennsylvania Vehicle Code, Section 7133, mandates the proper procedure for repairing or replacing an inoperative odometer.  That section in the Vehicle Code requires the replaced odometer display the same mileage as the vehicle’s odometer displayed prior to the repair or replacement.  If the odometer is incapable of registering the same mileage as prior to the repair or replacement, the odometer must be adjusted to read zero (0) and a notice must be affixed to the left door frame of the vehicle specifying the mileage prior to the repair or replacement and the date of the repair or replacement.

DVS UPDATE NEWSLETTER # 12-04
Click here to download the document in PDF Format (requires Free Adobe Reader)

BODY TYPE CODE LISTING

PennDOT recently removed the body type “Jeep” on the Body Type Code Listing chart from the acceptable list of body types for motor vehicles.

There are some Jeep vehicles titled in PA with the body type code of “Jeep” because that previously was an acceptable body type code.  If a PA Certificate of Title for a Jeep vehicle has the body type listed as “Jeep”, nothing must be done to change it.   Most new Jeep vehicles will be titled as a SW in

Pennsylvania, unless the MCO shows a different acceptable body type code.

Listed below is the most recent Body Type Code Listing.