FYI : Commonwealth of Pennsylvania V. Devilbiss
Content: Commonwealth v. Devilbiss 478 MDA 2025 (01/08/2026)
Facts: On October 26, 2024, the defendant was observed driving a side-by-side (off-road) vehicle on a public roadway in Northumberland County. The vehicle displayed a Montanna “quadricycle” registration plate. The defendant had registered the side-by-side through an LLC that he had created in Montanna.
The defendant was cited for violating 75 Pa.C.S. § 7721 (Operation on streets and highways). The defendant contested the citation citing 75 Pa.C.S. § 1303, (a) (Vehicles of nonresidents exempt from registration). The defendant was found guilty of the summary offense at the magisterial district court and ordered to pay fines and costs. A summary appeal hearing was subsequently held in the Northumberland County Court of Common Pleas. The Court of Common Pleas affirmed the summary conviction. The defendant did file an appeal.
Issue: Did the summary appeal court err in denying relief regarding the summary conviction under 75 Pa.C.S. §7721, (a) when the defendant was entitled to operate his motor vehicle on Pennsylvania roadways as a matter of law under 75 Pa.C.S. § 1303, (a)?
Ruling: The Superior Court affirmed the conviction, holding that the foreign vehicle exemption in § 1303 only applies to out-of-state residents who comply with their states registration requirements.