BEFORE YOU BUY A NEW CAR, READ THIS!
Last year, the Pennsylvania Department of Environmental Protection (DEP) adopted regulations requiring that, beginning with model year 2008, all new passenger cars and light trucks, sold or leased, with a gross vehicle weight rating (GVWR) of less than 8,500 pounds, must be certified by the California Air Resources Board (CARB). For purposes of this program, a “new” vehicle is a qualified vehicle with an odometer reading less than 7,500 miles.
Currently, New York is the only state bordering Pennsylvania that requires its dealers to sell CARB certified vehicles. New Jersey will begin the CARB certified program with model year 2009 vehicles.
Pennsylvania residents cannot purchase a non CARB certified 2008 vehicle with less than 7,500 miles on the odometer, in a bordering state, and title that vehicle in Pennsylvania. Issuing agents for PennDOT, including AAA offices, will not submit a title application to PennDOT for a person who resides in Pennsylvania if the vehicle is not CARB certified and has less than 7,500 miles on it unless the owner qualifies for an exemption.
A person moving to Pennsylvania who already owns a 2008 passenger vehicle or light duty truck with a GVWR of less than 8,500 pounds is eligible for an exemption from the CARB certification program by completing a Form MV-9 (Compliance or Exemption for the Pennsylvania Clean Vehicles Program), if the vehicle has less than 7,500 miles when applying for a Pennsylvania certificate of title/registration. If the 2008 non-CARB certified vehicle has over 7,500 miles, no exemption form is needed. However, if the new resident sells the vehicle to another Pennsylvania resident, and the vehicle still has less than 7,500 miles on the odometer, the purchaser of the vehicle does not quality for an exemption and cannot title or register the vehicle in Pennsylvania.
Here are a couple of examples to watch for:
A Pennsylvania resident who spends the winter in Florida (a non-CARB certified state) might purchase a 2008 vehicle in Florida from a dealer or private seller. If the Florida-purchased non-CARB certified 2008 passenger vehicle or light duty truck has less than 7,500 miles on the odometer when application for the Pennsylvania title is made, PennDOT will not process the application. The Pennsylvania resident will be stuck with a car that cannot be titled in Pennsylvania.
A Pennsylvania resident who lives close to the Ohio border might purchase a non-CARB certified 2008 vehicle with the intention of bringing it back to Pennsylvania to title it. The state of Ohio requires Pennsylvania residents to make application for title in the state of Ohio before bringing the vehicle back to Pennsylvania. If the Ohio-titled vehicle, owned by a Pennsylvania resident, has less than 7,500 miles on it, the vehicle cannot be titled in Pennsylvania because it is not CARB certified.
Exemptions on Form MV-9 – Compliance or Exemption for the Pennsylvania Clean Vehicles Program:
1) An emergency vehicle
2) A vehicle being transferred for use exclusively off-highway
3) A vehicle that was granted a national security or testing exemption under Section 203 (b)(1) of the Clean Air Act (42 USCA Section 7522(b)(1)
4) A vehicle that was acquired for the purpose of replacing a vehicle which was damaged, or became inoperative, beyond reasonable repair or was stolen while out of the Commonwealth of Pennsylvania and the replacement vehicle was acquired in a state other than Pennsylvania at the time the previously owned vehicle was damaged, became inoperative or was stolen.
5) A vehicle transferred by inheritance or court decree
6) A vehicle that was titled and registered while the owner or lessee was a resident of another state and the owner or lessee is moving to Pennsylvania
By signing Form MV-9, the vehicle owner is self certifying the vehicle complies with US EPA and California emission control regulations, and there is evidence of this by a manufacturer’s label under the hood of the vehicle. Or, the vehicle owner qualifies for an exemption from the Pennsylvania Clean Vehicles Program. Falsification to authorities is a misdemeanor of the third degree punishable by a fine up to $2,500 and/or imprisonment up to 1 year (18 PA CS section 4904(b).
Form MV-9 is available from AAA offices or PennDOT’s website at:
http://www.dot10.state.pa.us/pdotforms/mv_forms/mv-9.pdf
For more information on CARB certification see the PennDOT web site at:
http://www.dmv.state.pa.us/businessPartnerCenter/clean_vehicle.shtml
or, the DEP web site at:
http://www.dep.state.pa.us/dep/deputate/airwaste/aq/cars/cleanvehicles.htm
