Notary Notes Blog

The latest notary news for Pennsylvania notaries

PAN

Lawrence County Passes $5 Fee for Local Use

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Lawrence County passed an ordinance to implement the $5 Fee for Local Use that affects April 2021 vehicle registration renewal notices. The ordinance takes effect April 1, 2021.

Under Act 89, a county may pass an ordinance to implement a fee of $5 for each vehicle registered to an address located in that county. The $5 county fee is collected annually by PennDOT at the time a vehicle is initially registered or when the registration is renewed.  This $5 county fee is in addition to the registration fee.

PennDOT maintains a list of participating counties on the fact sheet, “Fee for Local Use – Participating Counties,” available on the Driver and Vehicle Services website. Agents must check the fact sheet each time they complete Forms MV-1, MV-4ST, MV-120, or MV-140 for a customer requesting issuance, renewal or transfer of registration for any vehicle to verify if the customer’s county of residence is participating in the “Fee for Local Use.” If the county is participating, the agent must enter the $5 county fee in the appropriate section of the form.

The fees PennDOT collects are returned to the participating counties for transportation purposes or to be allocated by the county in accordance with Section 9010(c) of the Pennsylvania Vehicle Code.

Notaries Don’t Need to Return Bonds

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PAN has learned, in further discussion with the Allegheny County Recorder of Deeds, that counties have the capability to scan and send notary bonds to the Department of State electronically. Rather than destroying the paper copies of the bonds after scanning them, recorders return the paper copies in the mail along with the notaries’ commissions.

If you received a paper copy of your bond with your commission, keep the copy with your commission. You do not need to return the paper copy to the recorder’s office.

Acceptable Proof of Identity for Processing Motor Vehicle Applications

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This Driver and Vehicle Services Update Bulletin No. 21-03 dated February 2021 is to inform you of a change in the acceptable forms of identification for titling and registering vehicles in Pennsylvania.

Effective immediately, authorized agents may accept a valid camera card along with an expired Pennsylvania identification credential, or 15 day temporary internet driver license or identification card renewal credential with an applicant’s expired Pennsylvania identification credential for the purposes of titling and registering a vehicle.

With this change, agents may now accept one of the following credentials for identification purposes to issue title and registration documents:

  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;
  5. A valid Pennsylvania 15-day temporary internet driver license or identification card renewal credential and expired DL/ID
  6. A valid Pennsylvania Camera Card and Pennsylvania expired identification credential (as listed above); or
  7. A valid U.S. Armed Forces Common Access Card

Dependents of Armed Forces personnel must provide a valid United States Uniformed Services Identification and Privilege Card (DD Form 1173).

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

The Acceptable Proof of Identification Documents for Completing Motor Vehicle Forms Fact Sheet has been updated to reflect this change.

Personal Delivery Devices

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Act 106, signed into law on November 1, 2020, has amended the definition of “Pedestrian” in Title 75, The Pennsylvania Vehicle Code. The act takes effect January 30, 2021.

Under Section 1, §102, the definition of a “pedestrian” is as follows:

  1. an individual afoot.
  2. an individual with a mobility-related disability on a self-propelled wheelchair or an electrical mobility device operated by and designated for the exclusive use of an individual with a mobility-related disability.
  3. a personal delivery device.

Act 106 also allows for a “personal delivery device” (PDD) to operate on roadways, shoulder/berms of roadways, and in pedestrian areas. The definition of a personal delivery device is a ground delivery device that:

  1. is manufactured for transporting cargo or goods;
  2. is operated by a driving system that allows remote or autonomous operation, or both; and
  3. weighs 550 pounds or less without cargo or goods.

Since Act 106 places PDDs within the definition of a pedestrian, PDDs are not considered a vehicle and not required to be titled and/or registered as a vehicle under the Pennsylvania Vehicle Code.

Five Simple Notarial Mistakes to Avoid

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Notaries are expected to uphold certain standards and act in accordance with the Revised Uniform Law on Notarial Acts (RULONA). Even the most minor mistakes can cause notaries a loss of commission, fines, or legal consequences. Here are five common mistakes that notaries made in 2020, so you can avoid them in 2021.

  1. Failing to keep a proper record of their notarial acts. Every notarial act that you perform must have an accurate, complete entry in your notary journal. Learn more about how to create a proper notarial journal entry in this video.
  2. Failing to require personal appearance. Unless you are a remote notary, you must require in-person appearance from the customer. Personal appearance is the first step to performing a notarization. If the customer is unable to come in person, you can refuse service or refer them to a remote online notary.
  3. Failing to maintain custody and control of your notary stamp. As a notary public, you are responsible for securing your notarial stamp. When you are not using your official stamp, put it with your notary journal in a secure place that only you have access to.
  4. Failing to include proper notarial language or venue. Notary wording must be present for you to notarize any document or perform any notarial act. If there is no notary wording present, you must add it. There also must always be a venue including the state and county where you and the customer are standing when the notarial act takes place. If there is no notary wording, inform the client and ask to add it to the document. If they do not allow you to add the proper wording, you must refuse to notarize.
  5. Failing to be familiar with the duties and responsibilities of a notary public. As a notary in Pennsylvania, there are certain duties and responsibilities that you must be familiar with to be able to do the job properly. Familiarize yourself with what is expected of you as a notary, how to perform notarial acts, and what your limitations are. PAN offers several options for obtaining the 3 hours of state-mandated education that will teach you what you need to know about becoming a notary in Pennsylvania, and how to notarize documents.

Being familiar with your duties and responsibilities to the public is the best way to keep yourself safe from legal consequences and losing your commission.

Pennsylvanians Experiencing Homelessness Eligible for Free ID Renewal

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Act 131 of 2020, which Governor Tom Wolf recently signed into law, makes it possible for Pennsylvanians experiencing homelessness to be issued a free initial photo ID or renewal. Individuals will be required to apply in person at a PennDOT Driver License Center and must meet identification and other requirements. Additional information can be found on the Driver and Vehicle Services website, www.dmv.pa.gov. This section of the law is effective January 25, 2021.

The pertinent section of the Act reads:

Title 75 § 1901.  Exemption of persons, entities and vehicles from fees.

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(b.1)  Identification card fees.–No fee shall be charged for an initial or renewal identification card, including for a photograph required for an initial or renewal identification card, to an individual who affirms in writing that the individual is:

  1. homeless, as defined on the effective date of this subsection in section 103 of the McKinney-Vento Homeless Assistance Act (Public Law 100-77, 42 U.S.C. § 11302);
  2. a resident of this Commonwealth; and
  3. aware of the prohibitions on unsworn falsification to authorities set forth in 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).