PRINTER'S NO. 3608
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2556
Session of
2024
INTRODUCED BY SOLOMON, HILL-EVANS, SCHLOSSBERG, BRENNAN, PROBST,
SANCHEZ, GALLAGHER, DALEY AND GREEN, SEPTEMBER 17, 2024
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 17, 2024
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 75
(Vehicles) of the Pennsylvania Consolidated Statutes, in
other required equipment, further providing for exhaust
systems, mufflers and noise control; in inspection of
vehicles, further providing for suspension of certificates of
appointment; in snowmobiles and all-terrain vehicles, further
providing for mufflers and sound control; imposing penalties;
and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 933(a)(1)(ii) of Title 42 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 933. Appeals from government agencies.
(a) General rule.--Except as otherwise prescribed by any
general rule adopted pursuant to section 503 (relating to
reassignment of matters), each court of common pleas shall have
jurisdiction of appeals from final orders of government agencies
in the following cases:
(1) Appeals from Commonwealth agencies in the following
cases:
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(ii) Determinations of the Department of
Transportation appealable under the following provisions
of Title 75 (relating to vehicles):
Section 1377 (relating to judicial review).
Section 1550 (relating to judicial review).
Section 4724(b) (relating to [judicial review)]
revocation, suspension, denial or nonrenewal of
certificates of appointment).
Section 7303(b) (relating to [judicial review)]
suspension of authorization).
Section 7503(b) (relating to judicial review).
Except as otherwise prescribed by general rules, the
venue shall be in the county of the principal place of
business of any salvor or messenger service, the location
of any inspection station involved, the county where the
arrest for a violation of 75 Pa.C.S. § 3802 (relating to
driving under influence of alcohol or controlled
substance) was made in appeals involving the suspension
of operating privileges under 75 Pa.C.S. § 1547 (relating
to chemical testing to determine amount of alcohol or
controlled substance) or the residence of any individual
appellant where the venue is not otherwise fixed by this
sentence. In the case of a nonresident individual venue,
except as otherwise prescribed by general rules, shall be
in the county in which the offense giving rise to the
recall, cancellation, suspension or revocation of
operating privileges occurred.
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Section 2. Section 4523 of Title 75 is amended by adding a
subsection to read:
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§ 4523. Exhaust systems, mufflers and noise control.
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(f) Unauthorized sale of modified mufflers and related
equipment prohibited.--
(1) No person shall sell, offer for sale or install for
the muffler or exhaust system of a motor vehicle a cut-out,
bypass or a similar device that amplifies or increases the
noise emitted by the motor or exhaust system originally
installed on the vehicle.
(2) No person shall sell, offer for sale or install a
motorcycle exhaust device without internal baffles, known as
straight pipes.
(3) No person shall sell, offer for sale or install a
motorcycle exhaust device that is intentionally designed to
allow for the internal baffling to be fully or partially
removed or interchangeable or that has been modified in a
manner that amplifies or increases the noise emitted by the
motor or exhaust system originally installed on the
motorcycle. This paragraph shall not apply to a motorcycle
manufactured or assembled before January 1, 1979.
(4) A person violating the provisions of this subsection
shall be guilty of a summary offense and, upon conviction, be
sentenced to pay a fine of not more than $1,000, or to
undergo imprisonment for not more 30 days.
Section 3. Section 4724 heading, (a) and (b) of Title 75 are
amended to read:
§ 4724. [Suspension] Revocation, suspension, denial or
nonrenewal of certificates of appointment.
(a) General rule.--
(1) The department shall supervise and inspect official
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inspection stations and may revoke, suspend or refuse to
renew the certificate of appointment issued to a station or
may impose a monetary penalty or may issue a warning against
the station which it finds is not properly equipped or
conducted or which has violated or failed to comply with any
of the provisions of this chapter or regulations adopted by
the department.
(2) The department shall revoke, suspend or refuse to
renew the certificate of appointment for an inspection
station upon a third or subsequent violation, within a period
of 18 months, of a regulation requiring the inspection
station to inspect the muffler or exhaust system of a motor
vehicle for the purpose of compliance with section 4523
(relating to exhaust systems, mufflers and noise control).
The department shall attribute a violation of section 4523 by
an employee of an inspection station, garage or repair shop
to the station, garage or repair shop. A fine paid under
section 4523 shall be in addition to, but not in lieu of, a
monetary penalty, revocation, suspension or nonrenewal of a
certificate of appointment imposed under this chapter.
(3) A schedule of all penalties, points and suspension
may be established by the department by publishing a notice
in the Pennsylvania Bulletin until the regulations governing
these penalties are promulgated by the department. The
department shall maintain a list of all stations holding
certificates of appointment and of those whose certificates
of appointment have been revoked, suspended or not renewed.
Any revoked, suspended or not renewed certificate of
appointment and all unused certificates of inspection shall
be returned immediately to the department.
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(b) Judicial review.--Any person whose mechanic certificate
issued under section 4726 (relating to certification of
mechanics) or certificate of appointment has been denied [or],
revoked, suspended or not renewed or who has received a monetary
penalty under this chapter shall have the right to appeal to the
court vested with jurisdiction of such appeals by or pursuant to
Title 42 (relating to judiciary and judicial procedure). The
court shall set the matter for hearing upon 60 days' written
notice to the department and take testimony and examine into the
facts of the case and determine whether the petitioner is
entitled to a mechanic certificate or certificate of appointment
or is subject to revocation, suspension or nonrenewal or a
monetary penalty under the provisions of this chapter.
* * *
Section 4. Section 7743 of Title 75 is amended by adding a
subsection to read:
§ 7743. Mufflers and sound control.
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(d) Penalties.--A person who violates this section commits a
summary offense, and shall, upon conviction, be sentenced to pay
a fine of not more than $1,000, or to be imprisoned for not more
30 days, or both.
Section 5. This act shall take effect in 60 days.
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