What’s in this License Bulletin?

• Anti-Texting Law effective in PA on March 8, 2012
• PA Identification Information regarding a passport presented as ID for the seller of a vehicle
• Changes to the definition of a motorcycle
• Electronic Lien Holder Q/A
• Proof of insurance Q/A
• Act 5 of 2012
• 2012 Dealer Documentary Fees

ANTI-TEXTING LAW EFFECTIVE IN PA ON MARCH 8, 2012

The following information is from PennDOT’s website.

What the Law Does:
• The law prohibits as a primary offense any driver from using an Interactive Wireless Communication Device (IWCD) to send, read or write a text-based communication while his or her vehicle is in motion.

• Defines an IWCD as a wireless phone, personal digital assistant, smart phone, portable or mobile computer or similar devices that can be used for texting, instant messaging, emailing or browsing the Internet.

• Defines a text-based communication as a text message, instant message, email or other written communication composed or received on an IWCD.

• Institutes a $50 fine for convictions under this section.

• Makes clear that this law supersedes and preempts any local ordinances restricting the use of interactive wireless devices by drivers.

The penalty is a summary offense. The law does not authorize the seizure of an IWCD. The law goes into effect March 8, 2012.

The texting ban does NOT include the use of a GPS device, a system or device that is physically or electronically integrated into the vehicle, or a communications device that is affixed to a mass transit vehicle, bus or school bus.

Background, Nationwide Perspective
In 2010, there were 13,790 crashes in Pennsylvania where distracted driving played a role.

There were 1,093 crashes statewide where at least one driver used a handheld phone, with 11 people losing their lives in those crashes.

Today there are few individuals without an IWCD (cell phone). There is little debate about the safety hazards of texting while driving. Numerous studies indicate that texting drivers typically have their eyes diverted from the road longer than any other distraction. Banning drivers from using any IWCD for text-based communications while operating a motor vehicle will help to ensure that their full attention is on the task of driving.

Nationwide, 34 states and the District of Columbia have already banned texting while driving; 31 of those states plus the District of Columbia ban texting as a primary offense.

PA ID INFORMATION REGARDING A PASSPORT PRESENTED AS ID FOR THE SELLER OF A VEHICLE

We recently requested an answer from PennDOT in regard to an issuing agent accepting a Passport as valid identification for the seller of a vehicle when completing a motor vehicle transaction.

PennDOT informed agent services in a DVS Update Newsletter that a Passport is not acceptable ID for the purchaser of a motor vehicle.   Prior to information in this license bulletin, PennDOT had not clarified that a passport could be accepted as proof of ID for the sellerof a vehicle.

PennDOT printed in several newsletters and fact sheets, “the requirement of Pennsylvania identification does not apply to the seller or sellers of a vehicle.  However, this does not exempt the seller or sellers from providing valid government issued photo identification for identification purposes when completing motor vehicle applications as the seller of a vehicle.”

In September 2009, a DVS Update Newsletter contained the following Q/A.  This information is still valid information about photocopying and maintaining the seller’s identification credential.

Q. Must the seller’s ID be submitted to PennDOT in addition to the purchaser’s ID with required motor vehicle forms?
A. No.  Only the purchaser’s ID is required to be submitted.  However, this does not change the agent’s requirement to verify and maintain a photocopy of the seller’s identification credential.

Agents may only accept one of the following credentials for identification purposes in order to issue title and registration documents for the purchaser:

1. A valid Pennsylvania Photo Driver’s License;
2. A valid Pennsylvania Photo Identification Card;
3. A valid Pennsylvania Photo Exempt Driver’s License
4. A valid Pennsylvania Photo Exempt Identification Card; or
5. A valid U.S. Armed Forces Common Access Card
6. Dependents of Armed Forces personnel must provide a valid United States Uniformed Services identification and Privilege Card (DD Form 1173)

Each of the documents above must be in the same name as the name listed on the motor vehicle applications.

CHANGES TO DEFINITION OF A MOTORCYCLE – ACT 129 OF 2011

The following information was published in PennDOT’s February 2012 Safety Inspection Bulletin # 12-1.

Change to Definition of Motorcycle – Act 129 of 2011
The Pennsylvania Legislature passed an amendment to the definition of the term “motorcycle” contained in the Pennsylvania Vehicle Code, Section 102.  The new definition accommodates the addition of stabilizing wheels to the rear of a two-wheeled motorcycle.  The new definition, which becomes effective on February 21, 2012, states:

“Motorcycle” – A motor vehicle having a seat or saddle for the use of the rider and:

1. designed to travel on not more than three wheels in contact with the grounds; or
2. designed to travel on two wheels in contact with the ground which is modified by the addition of two stabilizing wheels on the rear of the motor vehicle.

The configurations of stabilizing wheel systems vary.  Some stabilizing wheel systems are designed to be in contact with the road at all times; other systems are designed to be lowered only at slower speeds (usually less than 18 mph) to provide stability when the motorcycle is slowing or stopping.  Some stabilizing wheel systems have an active suspension system while others are stationary.  Additionally, some stabilizing wheel systems are equipped with braking systems and integrated towing systems.

Although this change will not affect most motorcycles presented for safety inspection, the following questions and answers are being provided so that the inspection station can properly determine the pass/fail criteria related to those motorcycles which are equipped with stabilizing wheels.  The information below should be used by inspection stations until such time as the Department adopts changes to the safety inspection regulations (Pa. Code, Chapter 175) to address this equipment.

Q1. Are stabilizing wheels added to the rear of a two-wheeled motorcycle required to be equipped with brakes?
A1. No, stabilizing wheels added to the rear of a two-wheeled motorcycle are not required to be equipped with brakes.  However, stabilizing wheel systems that are equipped with brakes are subject to the inspection criteria relating to braking systems.

Q2. If the original (single) rear wheel has been removed from a motorcycle and replaced with two wheels, are the two replacement wheels required to be equipped with brakes?
A2. Yes, since the replacement wheels are not considered stabilizing wheels added to the rear of a two-wheeled motorcycle, brakes are required to act on all wheels.

Q3. Are stabilizing wheels added to the rear of a two-wheeled motorcycle required to meet the inspection criteria related to tires and wheels?
A3. Yes.

Q4. Are stabilizing wheels permitted to be equipped with non-pneumatic tires?
A4. No.  Section 4525 (b) of the Pennsylvania Vehicle Code prohibits the operation of a vehicle equipped with traction or road contact surfaces other than pneumatic tires unless specifically permitted under Department regulation and used only under specific conditions.

Q5. Is the presence of stabilizing wheels cause for rejection during an inspection because the tires extend beyond the body line of the motorcycle?
A5. No.

Q6. Is the presence of stabilizing wheels cause for rejection during an inspection because the tires are smaller than the manufacturer’s recommended size?
A6. No.  If the stabilizing wheels were not original equipment, the vehicle manufacturer’s recommended tire size(s) do not apply to the stabilizing wheels.

Q7. Are suspension components on stabilizing wheels added to the rear of a two-wheeled motorcycle required to meet the inspection criteria related to the suspension system?
A7. Yes, if suspension components are present on the stabilizing wheel system, they are subject to the inspection procedure.  Additionally, stabilizing wheel systems designed to be raised and lowered must function as designed.

Q8. Are stabilizing wheels required to be equipped with fenders?
A8. Yes, all wheels, including stabilizing wheels, must be equipped with fenders.

Q9. Are there additional lighting requirements for motorcycles equipped with stabilizing wheels?
A9. No.  The addition of stabilizing wheels on the rear of a two-wheeled motorcycle does not require additional lighting, such as, tail lamps, stop lamps, or turn signal lamps.  However, if additional lighting is present, it is subject to the inspection criteria related to lighting.

ELECTRONIC LIEN HOLDER Q/A

Q. We have been doing several transactions for customers that have Huntington National Bank as their lienholder, but are not listed as an ELT participant.  However, when we call Huntington National Bank they provided an ELT # of 31096678501.  Do you know how they can get put on PennDOT’s ELT list?

A. Huntingdon National Bank must complete and submit Form MV-37 (Application for Lienholder Authorization to Participate in the Department’s Electronic Lien and Title System) to PennDOT.

PROOF OF INSURANCE Q/A

Q. May a faxed insurance document from Progressive Direct Insurance Company that has “Verification of Insurance for” and the policy owner’s name, etc. printed on it that is faxed to an issuing agent from the insurance agent or broker be used as proof of insurance to issue a registration plate or transfer a registration plate?

A. No.  The “Verification of Insurance” document is not one of the acceptable proof of insurance items a PA issuing agent can use as proof of insurance to issue a registration plate or to transfer a registration plate.

ACT 5 0F 2012 – AFFECTS PRICING BY DEALERS FOR ALL AFTER MARKET PRODUCTS

The following two articles were printed in the Pennsylvania Automotive Association’s February 2012 newsletter.

On February 2, 2012, Governor Tom Corbett signed HB 1630 into law, eliminating mark-up limitations on all after market products.  The new law will take effect on May 1, 2012.

For the past ten years, dealers have only been allowed to mark-up certain aftermarket products 100% over dealer cost (i.e., service contracts, warranties, debt cancellation agreements and debt suspension agreements) and the excessive mark-up of all other aftermarket products was prohibited by law.

Act 5 of 2012 eliminates the 100% mark-up cap on service contracts, warranties, debt cancellation agreements and debt suspension agreements.  Additionally, it eliminates mark-up limitations on all aftermarket products.

2012 DOCUMENTARY FEE INCREASE

The Consumer Price Index (CPI) was announced on January 19, 2012, increasing the maximum documentary fee to $108 for processing titlework manually or $129 if dealers perform on-line registration with an on-line provider such as triVIN.  The increase is effective immediately.

Also, dealers are permitted to charge the $129 documentary fee when issuing in-transit plates.

What’s in this License Bulletin?

• Insurance Review
• OLRS Information/Procedures

INSURANCE REVIEW – F STOPS

When a vehicle has an insurance suspension, the owner can go to an AAA office to assist the owner with removal of the F stop (insurance suspension).  Often clearing the insurance suspension can be handled that day by an AAA On-Line Messenger Service.

However, there are times when the insurance documents must be submitted to PennDOT to remove the suspension.   That can be done two ways as follows by an AAA office.

1.  Fax the insurance document to the Messenger Service Center - If the restoration fee is not due, a messenger service can fax the insurance document to the PennDOT’s Messenger Service Center (fax # – 717-705-1109) to remove the insurance suspension.    The turnaround time to remove an FR suspension can be up to 5 work days, but is often done sooner.

When the insurance documents are faxed to the Messenger Service Center, the messenger number must be stamped on the Fax Cover Sheet and supporting documents.   PennDOT sends back a “VR Rejection/Transmittal Sheet for Insurance Suspensions” to the PA AAA Federation and indicates if the F stop was removed or if additional documents/fees are required.   Currently, we mail the “VR Rejection/Transmittal Sheet for Insurance Suspensions” back to the AAA office that submitted it.   If there was no messenger number stamped on the Fax Cover Sheet and we can’t figure out which AAA office faxed the documents to PennDOT, we can’t return the documents to your office.

We recommend AAA offices that are faxing insurance documents to PennDOT’s Messenger Service Center, complete a “VR Rejection/Transmittal Sheet for Insurance Suspensions” when faxing the proof of insurance to remove an F (insurance) stop.  Be sure to stamp your messenger number on all documents/forms that are faxed to the Messenger Service Center.   We are including a “VR Rejection/Transmittal Sheet for Insurance Suspensions” with this license bulletin.   In addition, this form can be printed from our website at the Club Area > Important Documents.

2. Mail the “VR Rejection/Transmittal Sheet for Insurance Suspensions” form to the PA AAA Federation with proof of insurance, the restoration fee (if needed), etc.

When we receive a completed “VR Rejection/Transmittal Sheet for Insurance Suspensions” form with proof of insurance, the information is logged in at the PA AAA Federation and submitted to the Messenger Service Center the same day we receive it.    The turnaround time can be up to 5 work days, but is often done sooner.     When we receive the form back from PennDOT, we make note in a spreadsheet if it was rejected or if the F stop was removed.  Currently, we mail the “VR Rejection/Transmittal Sheet for Insurance Suspensions” back to the AAA office that submitted it.    PennDOT either writes “OK” on the “VR Rejection/Transmittal Sheet for Insurance Suspensions” form or provides information written on that form to tell the AAA office what is needed to remove the F stop from the vehicle record.

New Procedure – Return of “VR Rejection/Transmittal Sheet for Insurance Suspensions” to AAA offices
On a trial basis, after we receive the “VR Rejection/Transmittal Sheet for Insurance Suspensions” form back from PennDOT, whether it was faxed to PennDOT or if submitted to the Messenger Service Center through the PA AAA Federation, we will fax the “VR Rejection/Transmittal Sheet for Insurance Suspensions” form to AAA office that handled the F stop.   By doing this, you will know sooner if the F stop was removed or if additional documents are required to remove the insurance suspension from the vehicle record.

We will keep the rejected “VR Rejection/Transmittal Sheet for Insurance Suspensions” in our office for one work day after we fax the documents to the AAA office that require additional insurance documents to remove the insurance suspension.   After one work day, the “VR Rejection/Transmittal Sheet for Insurance Suspensions” will be mailed to the AAA office that submitted it, unless the AAA office calls or emails Sonya Wright sonya@aaapa.org or Mary Horchler mary@aaapa.org with instructions to hold the F stop rejection, because the vehicle owner could not be reached to get additional insurance information.

If additional insurance documents are required to remove the insurance suspension for the customer, the insurance documents can be faxed to our office if they are legible at 717-238-3711.   Please include a fax cover sheet, which includes your messenger number, with the insurance document that is needed to remove the insurance suspension.  Another option is to scan the insurance document and email it to Sonya Wright or Mary Horchler with information that tells Mary or Sonya we are holding a “VR Rejection/Transmittal Sheet for Insurance Suspensions” that was rejected from the Messenger Service Center, and you are including the insurance document with the email that is sent to Sonya or Mary.

VR Rejection/Transmittal Sheet for Insurance Suspensions
Click here to download the document in PDF Format (requires Free Adobe Reader)

OLRS INFORMATION/PROCEDURES

“Make” problem for Ford Vehicles
We were informed by triVIN that AAA offices and the PA AAA Federation are not required to do anything to correct the make of a “Ford” vehicle that printed as “Ford Model T” on the Applicant Summary Statement and PA title/registration card.  triVIN is working with PennDOT on correcting this problem for vehicle owners who were affected.  A letter will be sent from PennDOT to recall the PA title (if necessary) with instructions to return the PA title to PennDOT so the “Make” of the vehicle can be corrected.

Intransit plate mistakes
Currently, there is no method to fix a mistake, for example the name of the out-of-state vehicle owner, after processing an on-line intransit plate transaction.    A Transaction Problem Report that is faxed to triVIN will not fix a mistake on the Temporary In-Transit Registration Credential.    There is no transaction available to process in the OLRS after an intransit plate transaction has been processed that will correct information such as an incorrect name, address, VIN, insurance company information, etc.

Review all fields with information that was data-entered before finalizing an online intransit plate transaction.   If a mistake was made, give the customer the Temporary In-Transit Registration Credential with the intransit plate.  You could give the customer an affidavit explaining a mistake was made on the Temporary In-Transit Registration Credential to carry with that document.

What’s in this License Bulletin?

• Revised BDL Fact Sheets
• Questions of the Week
• OLRS Information/Procedures

REVISED BDL FACT SHEETS

The following BDL Fact Sheets have been revised and are available on PennDOT’s website.

1. Commercial Driver’s License – November 2011
2. Commercial Driver’s License/New Learner’s Permit Procedures – FAQS – November 2011
3. School Bus Driver Licensing Process – November 2011

We are including a revised list of BDL/BMV Fact Sheets with this license bulletin.

DEATH PROCEDURE INFORMATION

SCENARIO: A PA titled vehicle is titled in a husband and wife’s name.  The husband is deceased.   The PA title is lost.

Q. Can the surviving spouse submit a completed MV-38O and MV-39/Death Certificate in a one step process to get the PA title in her name only?

A. Yes, but the surviving spouse must submit the $22.50 title fee with the MV-38O and MV-39/Death Certificate, or an MV-38O and Short Form Certificate, to apply for the duplicate title.   The result should be that PennDOT will process the PA title in the surviving spouse’s name.   There is a chance PennDOT will not see the MV-39/Death Certificate or Short Form Certificate, and a
duplicate title only will be processed in the deceased husband and the wife’s name.

QUESTIONS OF THE WEEK

Q1. A customer needs proof of the purchase price or sales tax that was paid when a PA title application was processed. Is there a way for them to obtain that as paid information from PennDOT?

A note on Form DL-135 states sales tax and the purchase price are considered confidential and will not be provided.

If the customer requests a title history for their own vehicle or for a vehicle they sold, would the purchase price appear on the title documents received from PennDOT as paid information?

A1. The information is available as long as the requestor is the purchaser or the seller; their name must be on the paperwork.  If they are the seller, the DL-135 must be notarized.   Indicate on the DL-135 that they are requesting the purchase price and sales tax amount.  Attach a note or indicate that information in Section D on the DL-135.

Q2. Is the ID # on a Pennsylvania Photo Identification Card that is issued by PennDOT the same as the PA driver license # of the same person?

A2. Yes.

Q3. An out-of-state Bill of Sale was presented to an AAA office by a new resident who was applying for a PA title.   On the Bill of Sale “5 Year Windshield Protection” was typed in the amount of $399, and a Dealer Handling Fee of $499 was also typed on the BOS.  Are these two items taxable when the new resident applies for the PA title?

A3.  Our contact at the PA Department of Revenue said:  We’re interpreting Windshield Protection as a warranty, which is taxable. Regarding the Dealer Handling Fee, any prepping or processing that is done to the vehicle in order to prepare for sale of the vehicle is taxable.

OLRS INFORMATION/PROCEDURES

Intransit plate information
An AAA office asked the following question this week and called triVIN for assistance.

Q. A customer bought a new trailer in PA and is taking it to Canada to be titled in that country.  What should be entered in the OLRS when issuing an intransit plate in the space for the destination of the where the vehicle will be taken?

A. triVIN said when a vehicle is being transported to Canada or another foreign territory, at the bottom of the state drop down box, “Country or Territory” is the one to select. The same information would be used for the customer’s driver’s license state.  The procedure went through smoothly, but since this was an MCO for a 2011 trailer, the VIN did not decode.  The AAA office had to call triVIN again for help. On the Intransit Registration Credential that printed, it had the customer’s state as XX.  There was nowhere through the program that asked for more specific when “Country or Territory” was entered.

Recent Message of the Day from triVIN
SUBJECT: Intransit Improvements;
PennDOT has released two improvements that will allow trailer intransit transactions to bypass validation on vehicle Make during processing and will no longer allow insurance information on intransit trailer transactions.

Also, the OLRS will now allow you to enter the Year, Make, Model and Body Style information when a VIN cannot be decoded. This is especially useful for short VINs or specialty vehicle. However, the vehicle Make and Body Style must be selected from a list of choices provided to you.

“Make” problem for Ford vehicles
On Wednesday (2-8-12), we were told by our contact at triVIN that the problem with the vehicle “make” for some Ford vehicles that printed as Ford Model T on the Applicant Summary Statement, registration card, and PA title was corrected.  triVIN identified and reported all of the “make” mistakes to PennDOT.     If the vehicle “make” printed incorrectly as “Ford Model T” instead of “Ford”, and a PA title was sent to the vehicle owner, PennDOT might handle the problem internally and send out corrected PA titles to the vehicle owners.   We are waiting to hear from triVIN to determine how the PA titles will be corrected.

Changing Odometer status in the OLRS
1. “Not the Actual Miles” to “Exempt”:
If the PA title has “Not the Actual Miles” as the odometer status code, an on-line processor can change the odometer status code to “Exempt” during on-line processing.

2. “Exceeds Mechanical Limits” to “Exempt”:
If the PA title has “Exceeds Mechanical Limits” as the odometer status code, an on-line processor cannot change the odometer status code to “Exempt” during on-line processing.  However, PennDOT can change the odometer status code from “Exceeds Mechanical Limits” to “Exempt” if an MV-4ST is submitted with the PA title.

What’s in this License Bulletin?

• 2012 AAA Spring License Seminar Information

2012 AAA SPRING LICENSE SEMINAR INFORMATION

The 2012 AAA Spring License Seminar will be held on April 23 & 24, 2012 at the Sheraton Harrisburg-Hershey, 4650 Lindle Rd, Harrisburg, PA 17111.  This one and one-half day seminar is planned yearly for AAA staff members as an educational experience to assist in completing driver license and motor vehicle transactions, and to answer questions for the attendees.

The agenda for our spring seminar has not been finalized yet, but will be in the next few weeks.    PennDOT representatives have been invited and will participate as speakers at our seminar.

On Tuesday morning, John Bacchiocchi from TRIVIN will give an update of on-line title/transactions and will be available for questions and answers.

A representative from the Pennsylvania Association of Notaries will be a speaker who will provide notary information and handle general notary questions.

We invited a representative from the PA Department of Revenue to also attend and participate in the seminar.

This is an excellent opportunity for AAA staff members to meet with PennDOT supervisors/managers, our staff members, etc., to learn information about completing license and title transactions/forms, and ask questions on many subjects including on-line title/registration processing.

Hotel reservations for this seminar will be handled by specific contact persons at each AAA club.  The AAA contact persons who will be making reservations for the attendees were notified by e-mail on February 8, 2012 with information of how to make reservations for attendees of the 2012 AAA Spring License Seminar.  Because of this, we will not be mailing hotel reservation forms to each AAA office.  The contact persons at the AAA clubs will determine which AAA staff members will attend the seminar and make the reservations for attendees of the seminar.   We hope to see many AAA staff members at the seminar.

We welcome questions to be presented at the seminar during the Q/A session and are including a form on the reverse side of this license bulletin to complete and return to the PA AAA Federation.  This form can be completed by AAA Staff members even if they won’t be able to attend the seminar.  We are also emailing this form to AAA offices as a fill-in-the-blank type of form which can be completed on the computer or be hand-written.   Please complete and return the form by March 23, 2012 or sooner.

Information from the seminar will be shared with all AAA offices in a license bulletin following the seminar.    Please contact Carol L. Trego at 717-238-7196 if you have any questions regarding the seminar.

Survey Form to Collect Questions for the 2012 AAA Spring License Seminar
Click here to download the document in PDF Format (requires Free Adobe Reader)

What’s in this License Bulletin?

• DVS Update Newsletter # 12-01C
• PennDOT Modernization Initiatives
• Form I-9 and Notarization Information
• It is time to shred Form MV-120 (10-08)
• Wrap registration plates that are cut with jagged edges
• Question of the Week
• OLRS Information/Procedures

DVS UPDATE NEWSLETTER # 12-01C

Included with this license bulletin is PennDOT’s February Agent Service Training schedule on Bulletin # 12-01C.

Last week PennDOT sent Bulletin No. 12-01 via email to agents.  There was a typographical error in #12-01 for the May 3, 2012 training class which was previously printed as Basic training in PennDOT newsletters sent last year.    PennDOT corrected the information in Bulletin No. 12-01C to show the agent service training for May 3, 2012 is advanced training.

PENNDOT MODERNIZATION INITIATIVES

PennDOT recently published Modernization Initiatives at the following website:
ftp://ftp.dot.state.pa.us/public/Bureaus/Secretary%20Office/Modernization/FINAL%20-%20Modern%20PennDOT%20Webpage.pdf

PennDOT Modernization Initiatives
Click here to download the document in PDF Format (requires Free Adobe Reader)

FORM I-9 & NOTARY INFORMATION

We received a question about notarizing Form I-9.  We checked with the Pennsylvania Association of Notaries and here is the answer:

Form I-9 is a U.S. Citizenship and Immigration Services (USCIS) form submitted by an employer to verify that a job applicant is legally authorized to work in the United States.

Notaries often receive contradictory information regarding these forms because the instructions on I-9s state that an employer may designate a ‘third party agent’ to verify an applicant’s ID and sign a statement attesting that they did so. Suggested ‘third party agents’ in the instructions include Notaries and attorneys. However, verifying a person’s work credentials is not an official notarial act. By signing such a statement and affixing your seal to it, you would effectively be notarizing your own signature, which is prohibited.

If you choose to perform this task, you must do so as a private individual. Do not use your notary seal or write the title “Notary Public” under your signature. Be aware that private employers often add erroneous instructions to those already on the I-9, directing notaries to place their seal on the form. Don’t do it.

We thank PAN for providing the answer to the question about notarizing Form I-9.

IT IS TIME TO SHRED MV-120 (10-08)

It is time to shred Form MV-120 with an edition date of (10-08), if your office has any.     Form MV-120 (10-08) became obsolete on February 1, 2012 and can no longer be used by an issuing agent.    If your office needs Form MV-120 (1-12), please fax a completed Form MV-511B to us at 717-238-3711 or call or email Mary at mary@aaapa.org or Sonya at sonya@aaapa.org

WRAP REGISTRATION PLATES THAT ARE CUT W. JAGGED EDGES

Some AAA offices mail us registration plates with Form MV-141 and the plate has been cut, has sharp/jagged edges and could be rusty.    These plates pose a hazard to our employees who open the mail if the plates are not wrapped properly.   Please make sure a registration plate that is cut and/or has sharp/jagged edges is placed in an envelope and labeled, for example, “Warning – Plate is cut and has jazzed edges”.

QUESTION OF THE WEEK

Q. Does the odometer section on the reverse side of an MCO need to be signed by the purchaser and notarized by the selling dealer even though there is a separate bill of sale and odometer statement?  If so, does it hold true as well for trailers?

A.  The “Odometer Disclosure for Retail Sale” section on the back of an MCO must be completed for vehicles (not trailers).  Both the seller and purchaser must sign that section on the back of the MCO.  If the state where the vehicle was sold requires notarization on title documents, then notarization is required on the back of the MCO (in the assignment area and the “Odometer Disclosure for Retail Sale” section. If the state where the vehicle was sold does not require notarization on title documents, and the vehicle owner is applying for a PA title, then notarization is not required on the back of the MCO.

Submitting a separate Odometer Disclosure Statement is not the same as completing the back if the MCO.   The “Odometer Disclosure for Retail Sale” section on the back of the MCO must be completed because it complies with the Federal Truth in Mileage act.

OLRS INFORMATION/PROCEDURES

Last week our examiners noticed some Ford vehicles had the “make” printed as Ford Model T on the Applicant Summary Statement for title applications that were processed online in triVIN’s OLRS.   Ford Model T also printed on the registration card.    It resulted from a decoding problem after triVIN sent information to PennDOT.  It appears PennDOT decoded the make as Ford Model T instead of Ford.

Initially we thought the “Ford” decoding problem was only with title applications submitted with a PA title.  Later we found out it also happens when an out-of-state title was submitted as the proof of ownership.   In addition, it can happen when an Intransit plate transaction is processed.

Please review the “make” on the Applicant Summary Statement especially when the make of the vehicle is “Ford”.   If “Ford Model T” prints on the Applicant Summary Statement in error, fax a Transaction Problem Report to triVIN to report this problem so a corrected registration card/PA title can be sent to the vehicle owner.    If the “make” error occurred on a transaction to issue an intransit plate, call triVIN to see if they can fix it so you can reprint the In-Transit Registration Credential with the correct make (Ford).

If a Transaction Problem Report is not faxed to triVIN to report the make problem, and our examiners find the error, we might have to do a “Title Recall”.  We’re not sure and are waiting for an answer to determine if a “Title Recall” must be done.   If a “Title Recall” is necessary, the $22.50 title fee is not due to correct the make of the vehicle to “Ford” instead of “Form Model T”.

What’s in this License Bulletin?

• Form DL-11CD/Medical Certificate can be submitted by a messenger through the Messenger Service Center
• Request to label envelopes properly
• What is the body type for a “Jeep” vehicle
• Intransit plate processing Q/A
• Retention of Affidavits and Criminal Record Checks

FORM DL-11CD & THE MEDICAL CERTIFICATE CAN BE SUBMITTED TO PENNDOT THROUGH A MESSENGER SERVICE

When the time comes for a CDL holder to submit the new required form(s), for example the DL-11CD and medical certificate, to the Bureau of Driver Licensing, he/she can submit the required forms to PennDOT through a messenger service (like AAA).    This should be done at least 30 days before the due date.   The commercial driver will receive a letter from PennDOT indicating the due date.

If the CDL holder is submitting the required form(s) less than 30 days before the due date, the DL-11CD and medical certificate (if applicable) can be faxed to PennDOT at 717-783-5429 or hand delivered to a local PennDOT Driver License Center for processing.

Form DL-11CD provided instructions when a Medical Examiner’s Certificate is required to be submitted.   The DL-11CD must signed by the commercial driver.

LABEL ENVELOPES PROPERLY THAT ARE TO BE DELIVERED TO PENNDOT EMPLOYEES

We sometimes receive envelopes from AAA offices that are addressed to employees in PennDOT with their name only written on the envelope.   In addition to the name, please write the floor/unit on the envelope where the PennDOT employee works so we can deliver the envelope to that person.

WHAT IS THE BODY TYPE FOR A “JEEP” VEHICLE?

License bulletin # LN 4-12 contained a Q/A asking what is the body type for a “Jeep” vehicle.  The answer was the body type for a “Jeep” vehicle is “Jeep”.

There are older Jeep vehicles that are titled in PA that show the body type for a “Jeep” as SW (Station Wagon) or TR (Touring) on the PA title.

We asked PennDOT for information regarding the body type for “Jeep” vehicles and have not received an answer.

We believe newer “Jeep” vehicles will be titled with the body type as “Jeep”.     Older “Jeep” vehicles that are sold to another PA resident can keep the body type of SW or TR as printed on the PA title.

We are including a Body Type Chart with this bulletin that is included in PennDOT’s Agent Service Training Manual.

Body Type Code Listing
Click here to download the document in PDF Format (requires Free Adobe Reader)

INTRANSIT PLATE PROCESSING QUESTION/ANSWER

SCENARIO:   An out-of-state resident purchases a vehicle in PA within the last 60 days and needs an intransit plate issued/processed on-line.    The out-of-state driver’s license that is presented to the agent does not have a current address on it for the out-of-state resident because he/she moved.  The out-of-state driver does not have proof he/she changed his/her address in their home state or lost the credential showing a new address that was issued by their home state.

The new address of the out-of-state driver/purchaser was entered on the proof of ownership (PA title, MCO, or out-of-state title) instead of their old address that is printed on the out-of-state driver’s license.

Q. Should an on-line processor accept the valid out-of-state driver’s license of the purchaser when their address is not correct?    In this case, the driver does not have a credential that was issued from their home state to show the address change was done on the driver’s license and the new out-of-state address was entered in the assignment area on the PA title instead of entering the old address, which is printed on the purchaser’s out-of-state driver’s license.

A. In this scenario, the on-line processor should use the address that is printed on the out-of-state driver’s license when processing the on-line intransit plate transaction.  If the out-of-state driver/purchaser has a credential issued from the DOT in their home state that shows an address change was done, use the current address as reflected on the change of address credential.   If the out-of-state driver does not have an official credential issued by their home state DOT to show an address change was done, use the old address as printed on the purchaser’s out-of-state driver’s license. PennDOT stated the Temporary In-Transit Registration Credential must match the address on the valid out-of-state driver’s license or the address printed on a similar credential issued by their home state DOT (similar to PennDOT’s DL Update Card).

Do not make any alterations on the proof of ownership if the vehicle owner’s new address was written in the assignment area.

Photocopy the front and back out-of-state driver’s license (and an official address change credential document issued by the purchaser’s home state DOT, if applicable), the front and back of the proof of ownership, and insurance card.   Those photocopied items must be submitted to the PA AAA Federation with the PA Temporary In-Transit Registration Credential.   In addition, the issuing agent must also maintain those items in their files for three years with a copy of the Temporary In-Transit Registration Credential.

RETENTION OF MESSENGER/ AGENT AFFIDAVITS AND CRIMINAL RECORD CHECKS

Each year an Agent Service and Messenger Service must obtain an affidavit from their employees indicating the employee(s) read certain sections of the Vehicle Code, Title 67 and the Messenger Manual.  In addition, on an annual basis, the PennDOT contract(s) states an agent and/or messenger service must obtain a criminal record check of employees.

We asked PennDOT how long the affidavits and criminal record checks that are obtained for agent and messenger employees must be retained.   The answer from PennDOT was; similar to the PennDOT records, affidavits and criminal record checks for current employees should be retained for three years by the agent and/or messenger service business.

What’s in this License Bulletin?

• New Federal Regulations for Commercial Drivers
• Revised/New BDL Forms and Revised Fact Sheet
• OLRS Information/Procedures

NEW FEDERAL REGULATIONS FOR COMMERCIAL DRIVERS EFFECTIVE JANUARY 30, 2012

The Federal Motor Carrier Safety Administration (FMCSA) recently amended their regulations to require people who have, or who are seeking a commercial driver’s license, to self-certify the type of driving they engage in or expect to engage in to their state’s licensing agency.  Additionally, all commercial driver license (CDL) holders, subject to the physical qualification requirements of the FMCSRs, must provide a current copy of their Medical Examiner’s Certificate to their state driver licensing agency.  These provisions were signed into state law on January 27, 2012 by Governor Corbett, House Bill 1458.

Current CDL permit holders, out-of state CDL transferees, and people seeking a CDL on or after January 30, 2012 will be required to meet the provisions of the new law when testing, applying for a permit or transferring a CDL from another state.

PennDOT will begin notifying existing CDL holders by letter in March of the requirements they will need to meet to retain their CDLs.   Failure to complete and submit the self-certification form or to provide a copy of their valid Medical Examiner’s Certificate (if required) to PennDOT by the due date listed in the notice will result in their commercial driver’s license being downgraded, meaning that they will lose their commercial designation and only be authorized to drive non-commercial vehicles.

Drivers who have their license downgraded will be required to go through the entire commercial learner’s permit process to regain their commercial driving privilege.

Included with this license bulletin is a fact sheet regarding the new law, a copy of the self-certification form (DL-11 CD) and a self certification notice schedule for current CDL holders?  Further information is available on PennDOT’s Driver and Vehicle Services Web site, www.dmv.state.pa.us, by clicking on the “New CDL Law” button.

We do not know if the DL-11CD can be submitted by a Messenger Service to the Messenger Service Center.   We’ll notify you with that information when it becomes available from PennDOT.

Notification Schedule for Existing CDL Holders
Click here to download the document in PDF Format (requires Free Adobe Reader)

Self-Certification Form DL-11CD (1-12) 
Click here to download the document in PDF Format (requires Free Adobe Reader)

Self-Certification/Medical Examiner’s Certification Fact Sheet
Click here to download the document in PDF Format (requires Free Adobe Reader)

REVISED/NEW BDL FORMS AND REVISED FACT SHEETS

The following BDL forms and fact sheets have been revised or are new:

1. DL-11CD (1-12) – Certification Form
2. DL-288 – (1-12)  - Hazardous Materials Endorsement Application for Security Threat Assessment
3. Self-Certification/Medical Examiner’s Certification – January 2012
4. Stage Vehicles – January 2012

We are including a revised list of BMV/BDL Fact Sheets with this license bulletin.

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)

OLRS INFORMATION/PROCEDURES

Odometer Information
When a reassignment on a PA or out-of-state title has been done, always use the odometer reading that was entered on the PA or out-of-state title, unless an o/s dealer’s reassignment form is being submitted showing another reassignment, in which case use the odometer reading on the o/s dealer’s reassignment for the current owner will be used.   Do not ask the vehicle owner what the current miles are on the vehicle when an assignment on the proof of ownership occurred because PennDOT needs to know the odometer miles that were completed on the proof of ownership when the owner (in front of you) took possession of the vehicle.

2011 Title Recall Errors
Listed below is the number of Title Recalls and/or on-line transactions during 2011, or when a lien was missed during on-line title/registration transactions.     In most cases, with the exception of the “Lien Not Recorded/TPR faxed to triVIN”, “GVWR Incorrect”, and Sales Tax Problems, the $22.50 title fee paid by the AAA club was required to correct the vehicle record.

1. Odometer or Odometer Status Code mistakes – 276
2. Lien Not Recorded (Transaction Problem Report Faxed to triVIN) – 129
3. Lien Missed completely – 36
4. GVWR incorrect – 118
5. Name errors – 116
6. State of Origin incorrect – 98
7. Sales tax problems – 84
8. Co-owner missed (or added in error) – 24
9. Out-of-state branded title processed in error – 23
10. Wrong VIN entered – 8
11. Wrong plate issued or transferred – 6
12. Lemon Law Brand missed – 4

Total – 922

The overall error rate for online title/registration transactions for AAA clubs is very low compared to the number of transactions processed.   We would like to see the error rate go even lower.   Keep up the good work!

Transactions in our Hold File
Listed below are the types of transactions that we must place in a “Hold File” due to missing forms, etc. listed in the order that we most find.   The types of transactions below require our staff to contact the on-line AAA processor to obtain what is missing.  It slows down our processes and in some cases requires the AAA office to contact the customer.

1. Missing DL or Update Card
2. Missing Proof of Sales Tax (when applicable)
3. Missing MV-39
4. Notarization missing on PA title or A.S.S.
5. Missing MV-9
6. VIN verification missing
7. Missing signature(s)
8. Death Certificate missing
9. Title assignment not done
10. Missing/incomplete POA
11. Lien release needed

Based on our records, we estimate there are approximately 1,000 on-line title problems a year for the types of problems listed above that involve us contacting the AAA offices for additional information.   Please review the on-line title transactions before sending them to the PA AAA Federation to assure all forms have been submitted, notarization has been done, etc.   Thank you!

What’s in this License Bulletin?

• Documentary Fee Increase for 2012
• Change of date for classroom style advanced agent service training
• Credit for return of intransit plates
• Temporary Plate Permit Information
• OLRS/Information Procedures

DOCUMENTARY FEE INCREASE FOR 2012

The PA Automotive Association announced to their dealer members the below information in italic print in their January 25, 2012 newsletter regarding documentary fees that are charged by dealers in PA.

There is no dollar limit set by PennDOT or the Attorney General’s office in terms of what a messenger service/issuing agent that is not a dealer can charge for messenger fees and clerical fees to complete a title transaction.  However, it is advisable not to charge any more than what a dealer is permitted as outlined in the Consumer Price Index and law to charge.

The Consumer Price Index (CPI) was announced on January 19, 2012, increasing the maximum documentary fee to $108 for processing titlework manually ($129 if a dealer performs on-line registration with an on on-line provider such as triVIN).

The increase is effective immediately.

The documentary fee:

• Is non-taxable;
• May be excluded from a dealer’s advertised price for the sale of a vehicle;
• Is a negotiable item, so the actual dollar amount may not be preprinted on the buyer’s order;
• Is a dealer-imposed charge, not a state-mandated fee; and
• Must be disclosed on a sign in the dealership.

The documentary fee will continue to be adjusted annually in accordance with the Federal Consumer Price Index.

If a dealership’s documentary fee exceeds the permissible charge, the Attorney General’s Office may consider it to be deceptive, as to what services are being performs, and may find it subject to enforcement action.

CHANGE OF DATE FOR ADVANCED AGENT SERVICE TRAINING AT THE PA AAA FEDERATION

We changed the date for classroom style advanced agent service training held at the PA AAA Federation from the previous date of March 9, 2012 to March 20, 2012.

The 2012 training schedule follows:

Basic – 9:00 a.m. to 4:30 p.m.
March 8, 2012
May 10, 2012
September 20, 2012
December 6, 2012

Advanced – 10:00 a.m. to 3:00 p.m.
March 20, 2012
May 11, 2012
September 21, 2012
December 7, 2012

An agent service training manual is provided to each student and lunch is included in the registration fee.   Please contact Carol L. Trego if interested in signing up for the classroom style agent service training.  On-line basic and advanced agent service training is also available on our website for a very reasonable fee to AAA employees.  Our website address is: http://www.aaapa.org/

CREDIT FOR RETURN OF INTRANSIT REGISTRATION PLATES

PennDOT’s Temporary Tag Unit is not finished entering the credit for returned intransit plates in their computer for agents that are due a credit.   This means AAA offices should wait to send a completed MV-351 to order temporary plates if they are expecting to use the credit for returned intransit tags to order new temporary plates.

If we receive an MV-351 (request to order temporary plates) without a check from an AAA office, we will check with the Temporary Tag Unit to see if the credit that is due for the intransit plates has been applied.    If the credit for the intransit plates has not been applied, we will call the AAA office and request a check to purchase the temporary plates.    This means if your office is in a hurry for temporary plates, by not sending a check with the MV-351, your order of temporary plates could be delayed.

If the credit was applied to an issuing agent’s account, and temporary plates were ordered on Form MV-351 with a check submitted after the intransit plates were returned to PennDOT, and a check was submitted to order other temporary plates, the packing slip from the new order will show if there is a credit (a dollar amount) on file which can be used to order temporary plates with the next order.

We suggest waiting two months from today before submitting Form MV-351 to order temporary plates expecting to use a credit amount on file at PennDOT for intransit plates that were returned.

TEMPORARY PLATE PERMIT INFORMATION

If your office runs out of rear Temporary Registration Permits for temporary plates that were previously ordered, the issuing agent is not permitted to contact a different branch office to borrow Temporary Registration Permits.    Form MV-351 must be completed, and submitted with a copy of the last packing slip for the plates showing the temporary plates that were ordered with a letter on AAA letterhead to request rear Temporary Plate Permits that were not ordered at the time of the original plate order on Form MV-351.

OLRS INFORMATION/PROCEDURES

Today we spoke to a representative from triVIN about the Transaction Summary Report for online transactions that are processed in the OLRS.  Currently, the Transaction Summary Report does not show the GSS Fee for an intransit plate transaction as being totaled with the other ACH fees.

However, since January 9, 2012, triVIN has been debiting the intransit plate fee from AAA offices’ checking accounts even though the Transaction Summary Report does not reflect the intransit fee in the total ACH amount that is printed on the Transaction Summary Report.   Eventually, the Transaction Summary Report will show the intransit plate fee as added in with the other ACH fees.

There have been numerous fixes done to the OLRS within the past two weeks by triVIN as minor problems or things that were not considered beforehand occurred with the intransit plate transaction.