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                                                       PRINTER'S NO. 541

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 426 Session of 1989


        INTRODUCED BY RYBAK, MANDERINO, COLAFELLA, YANDRISEVITS, DURHAM,
           MICHLOVIC, LLOYD, CAWLEY, LaGROTTA, MELIO, COLAIZZO, MORRIS,
           LUCYK, FEE, JAROLIN, McCALL, BELFANTI, TRELLO, NAHILL,
           HARPER, BATTISTO, BELARDI, MICOZZIE, HALUSKA, E. Z. TAYLOR,
           PERZEL, LAUGHLIN, J. L. WRIGHT, BISHOP, CORNELL, SEMMEL,
           COHEN, SALOOM, RAYMOND, CIVERA, COLE, WOZNIAK, KUKOVICH,
           CALTAGIRONE, D. W. SNYDER, GRUITZA, RUDY AND McNALLY,
           FEBRUARY 14, 1989

        REFERRED TO COMMITTEE ON INSURANCE, FEBRUARY 14, 1989

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for proof of financial
     3     responsibility; and imposing penalties.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1535(a) of Title 75 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 1535.  Schedule of convictions and points.
     9     (a)  General rule.--A point system for driver education and
    10  control is hereby established which is related to other
    11  provisions for use, suspension and revocation of the operating
    12  privilege as specified under this title. Every driver licensed
    13  in this Commonwealth who is convicted of any of the following
    14  offenses shall be assessed points as of the date of violation in
    15  accordance with the following schedule:


     1  Section Number                 Offense                  Points
     2     1512                Violation of restriction on
     3                         driver's license.                   2
     4     1571                Violation concerning license.       3
     5     1788                Required financial responsibility.  5
     6     3102                Failure to obey policeman or
     7                         authorized person.                  2
     8     3112(a)(3)(i)       Failure to stop for a red light.    3
     9     3114(a)(1)          Failure to stop for a flashing
    10                         red light.                          3
    11     3302                Failure to yield half of roadway
    12                         to oncoming vehicle.                3
    13     3303                Improper passing.                   3
    14     3304                Other improper passing.             3
    15     3305                Other improper passing.             3
    16     3306(a)(1)          Other improper passing.             4
    17     3306(a)(2)          Other improper passing.             3
    18     3306(a)(3)          Other improper passing.             3
    19     3307                Other improper passing.             3
    20     3310                Following too closely.              3
    21     3321                Failure to yield to driver on the
    22                         right at intersection.              3
    23     3322                Failure to yield to oncoming
    24                         driver when making left turn.       3
    25     3323(b)             Failure to stop for stop sign.      3
    26     3323(c)             Failure to yield at yield sign.     3
    27     3324                Failure to yield when entering or
    28                         crossing roadway between inter-
    29                         sections.                           3
    30     3332                Improper turning around.            3
    19890H0426B0541                  - 2 -

     1     3341                Failure to stop for flashing red
     2                         lights or gate at railroad
     3                         crossing.                           3
     4     3344                Failure to stop when entering from
     5                         alley, driveway or building.        3
     6     3345(a)             Failure to stop for school bus
     7                         with flashing red lights.           5
     8                                         (and 60 days suspension)
     9     3361                Driving too fast for conditions.    2
    10     3362                Exceeding maximum speed.--Over Limit:
    11                                                  6-10       2
    12                                                 11-15       3
    13                                                 16-25       4
    14                                                 26-30       5
    15                                                 31-over     5
    16                                         (and departmental hearing
    17                                         and sanctions provided
    18                                         under section 1538(d))
    19     3365(b)             Exceeding special speed limit
    20                         in school zone.                     3
    21     3365(c)             Exceeding special speed limit
    22                         for trucks on downgrades.           3
    23     3542(a)             Failure to yield to pedestrian in
    24                         crosswalk.                          2
    25     3547                Failure to yield to pedestrian on
    26                         sidewalk.                           3
    27     3549(a)             Failure to yield to blind
    28                         pedestrian.                         3
    29     3702                Improper backing.                   3
    30     3714                Reckless driving.                   3
    19890H0426B0541                  - 3 -

     1     3745                Leaving scene of accident
     2                         involving property damage only.     4
     3     * * *
     4     Section 2.  Title 75 is amended by adding a section to read:
     5  § 1788.  Required financial responsibility.
     6     (a)  General rule.--Every owner of a motor vehicle which is
     7  registered under this title shall continuously provide and
     8  maintain financial responsibility and shall not operate the
     9  motor vehicle or permit it to be operated upon a highway of this
    10  Commonwealth without financial responsibility.
    11     (b)  Consent to produce proof of financial responsibility.--
    12  Upon registering a motor vehicle or renewing a motor vehicle
    13  registration, the owner of a motor vehicle shall be deemed to
    14  have given consent to produce satisfactory evidence of financial
    15  responsibility upon the demand of a police officer or the
    16  department.
    17     (c)  Exhibition of proof of financial responsibility.--Proof
    18  of financial responsibility shall, at all times while the
    19  vehicle is being operated upon a highway, be in the possession
    20  of the person driving or in control of the vehicle, or be
    21  carried in the vehicle, and shall be exhibited upon demand of
    22  any police officer or the department.
    23     (d)  Penalty.--A person violating this section commits a
    24  summary offense and shall, upon conviction, be sentenced to pay
    25  a fine of $300. No person charged with violating any of the
    26  provisions of this section shall be convicted if the person
    27  produces, at the office of the issuing authority within five
    28  days of the violation, satisfactory evidence that the motor
    29  vehicle being operated was covered by financial responsibility
    30  at the time of the violation. The department shall suspend the
    19890H0426B0541                  - 4 -

     1  operating privilege of the registrant upon receiving
     2  notification of a conviction under this section. The suspension
     3  shall remain effective until proof of financial responsibility
     4  is provided to the department.
     5     Section 3.  This act shall take effect in 60 days.

















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