75 Pa.C.S. Ch. 75

in effect

75 Pa.C.S. § 7501 Authorization of messenger and agent services.

(a) General rule.--The department shall enter into contracts for messenger and agent services. (b) Unauthorized operation prohibited.--No person shall operate a messenger or agent service without a valid contract. (c) Penalty.--Any person operating a messenger or agent service without a valid contract is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $500. (Dec. 9, 2002, P.L.1278, No.152) 2002 Amendment. Act 152 amended the entire section, effective in six months as to subsec. (a) and two years as to the remainder of the section.

75 Pa.C.S. § 7502 Certificate of authorization (Deleted by amendment).

2002 Amendment. Section 7502 was deleted by amendment December 9, 2002, P.L.1278, No.152, effective in six months.

75 Pa.C.S. § 7502.1 Supersession.

(a) Regulations.--Regulations pertaining to messengers and agents regarding the amount of a bond, hearings, written warnings, suspensions, revocations or fines shall not apply to messengers and agents who enter into contracts with the department to provide messenger or agent services. (b) Previous authorization.--Any certificate of authorization previously issued to a person to provide messenger or agent services shall be invalid 30 days after the effective date of this section. (c) Commonwealth employees ineligible.--No official or employee of the Commonwealth shall be eligible to enter into a contract with the department to own or operate a messenger or agent service nor shall a messenger or agent service employ an official or employee of the Commonwealth. Nothing in this subsection prohibits the department from entering into an agreement with another government agency to allow the agency to provide agent services for its own use. (Dec. 9, 2002, P.L.1278, No.152) 2002 Amendment. Act 152 added section 7502.1, effective in six months as to subsecs. (a) and (c) and two years as to subsec. (b).

75 Pa.C.S. § 7503 Suspension of authorization (Deleted by amendment).

2002 Amendment. Section 7503 was deleted by amendment December 9, 2002, P.L.1278, No.152, effective in two years.

75 Pa.C.S. § 7503.1 Bond required.

Before entering into a contract with any person to act as a messenger or agent service, the department shall require a person to furnish and maintain a bond indemnifying the public and the department in an amount specified by the department. (Dec. 9, 2002, P.L.1278, No.152, eff. 6 months) 2002 Amendment. Act 152 added section 7503.1.

75 Pa.C.S. § 7504 Place of business (Deleted by amendment).

2002 Amendment. Section 7504 was deleted by amendment December 9, 2002, P.L.1278, No.152, effective in two years.

75 Pa.C.S. § 7504.1 Agent duties and responsibilities.

(a) General rule.--An agent shall faithfully abide by and comply with all laws pertaining to the issuance of temporary registration plates and cards. (b) Return or surrender of temporary registration cards and plates.-- (1) An agent who discontinues the business shall, within five days of discontinuance, return to the department all temporary registration cards and plates in the agent's possession. The department shall make appropriate refunds under paragraph (3). (2) An agent whose contract has been terminated shall surrender all registration cards and plates in the agent's possession as directed by the department or its designee. (3) The fee paid by an agent for a temporary registration plate shall be refunded to the agent upon the return of the plate if the plate is accompanied by the appropriate form provided by the department except when the contract to operate as an agent is terminated. The department shall deduct $25 from the refund to cover processing of the request for refund. (c) Seizure of registration plates.--Designated department employees and designees of the department may seize temporary registration plates and related documents from a messenger or agent who does not have a contract with the department to provide agent services. (d) Display of sign and certificate.--Every messenger or agent service shall display on the outside of each place of business an identifying sign conforming to regulations of the department and shall prominently display within each place of business its certificate of authorization. No person other than an authorized messenger or agent service shall display a similar identifying sign or certificate. (Dec. 9, 2002, P.L.1278, No.152, eff. 6 months) 2002 Amendment. Act 152 added section 7504.1.

75 Pa.C.S. § 7505 Transaction of business with department.

The department may designate those locations, facilities and hours of operation at which messenger or agent services may transact business with the department. Every messenger or agent service with whom a contract has been signed pursuant to this chapter shall be permitted to transact business with the department at the locations and facilities and during the hours of operation designated by the department. The department may prescribe such regulations as may be necessary for the administration of this chapter. (Dec. 9, 2002, P.L.1278, No.152, eff. 2 years)

75 Pa.C.S. § 7506 Violations and penalties.

A person violating any provision of this chapter or the rules and regulations promulgated thereunder for which a specific penalty is not provided is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $100. (Dec. 9, 2002, P.L.1278, No.152, eff. 6 months)

75 Pa.C.S. § 7507 Certified checks may be required.

The department may, in its discretion, require certified checks, postal or other money orders or cash from a messenger or agent service after a default in the payment of checks or drafts of the messenger or agent service. (Dec. 9, 2002, P.L.1278, No.152, eff. imd.) 2002 Amendment. Act 152 added section 7507.

75 Pa.C.S. § 7508 Nonperformance.

(a) Nonperformance factors.--It shall not be a breach of contract by a messenger or agent service if the department determines that the failure to timely submit an application, taxes or fees was the result of: (1) an act of God; (2) criminal or fraudulent action by an employee of the messenger or agent service which was unknown and could not have been prevented by the messenger or agent service unless the department determines that the messenger or agent service, or an employee of the messenger or agent service, altered the date of the purchase of a vehicle upon an application; (3) a failure by a lienholder to forward a title as required by section 1135 (a)(1) (relating to satisfaction of security interest) provided the lienholder received prompt satisfaction; or (4) criminal, fraudulent or negligent action by a messenger service of the department if the agent and messenger service are not controlled by the same person and the agent submitted the application, taxes or fees to the messenger service within 15 days of receipt by the agent service. (b) Burden of proof.--A messenger or agent service has the burden to prove the existence of subsection (a)(1), (2), (3) or (4). The messenger or agent service shall also prove that its submission was in accordance with business practices requiring prompt submission of applications, taxes or fees to the department. (Dec. 9, 2002, P.L.1278, No.152, eff. 6 months) 2002 Amendment. Act 152 added section 7508.

75 Pa.C.S. § 7509 Messenger and Agent Advisory Committee.

(a) Purpose.--The Messenger and Agent Advisory Committee, consisting of 13 members, shall be created by the department to develop contract language and propose regulations governing messenger and agent services. (b) Membership.--The advisory committee shall consist of the following members: (1) One member appointed by the Governor from names submitted by each of the following organizations to represent the messenger and agent services industries and the needs of the motoring public: (i) The Pennsylvania AAA Federation. (ii) The Pennsylvania Automotive Association. (iii) The Pennsylvania Association of Notaries. (iv) The Pennsylvania Independent Auto Dealers Association. (v) The Pennsylvania Association of Auto License Brokers. (2) Two members from the general public appointed by the Governor. (3) The Secretary of Transportation or the secretary's designee. (4) The Commissioner of the Pennsylvania State Police or the commissioner's designee. (5) The chairman and minority chairman of the Transportation Committee of the Senate and the chairman and minority chairman of the Transportation Committee of the House of Representatives. (c) Meetings.--The advisory committee shall meet from time to time as necessary to resolve issues pertaining to development of contract language and proposal of regulations. The first meeting shall take place within 60 days of the effective date of this section. (d) Termination.--The advisory committee shall terminate upon the department's issuance of proposed regulations governing messenger and agent services. (Dec. 9, 2002, P.L.1278, No.152, eff. 60 days) 2002 Amendment. Act 152 added section 7509.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=75Fetched: 10/16/2026