PRIOR PRINTER'S NO. 541 PRINTER'S NO. 923
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, McNALLY, JOSEPH AND
FOX, FEBRUARY 14, 1989
AS REPORTED FROM COMMITTEE ON INSURANCE, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 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
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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
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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
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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 (D) PENALTY.-- <--
6 (1) AN OWNER OF A MOTOR VEHICLE WHO DOES NOT MEET THE
7 FINANCIAL RESPONSIBILITY REQUIREMENTS SET FORTH IN THIS
8 SECTION COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION,
9 BE SENTENCED TO PAY A FINE OF $300, AND THE DEPARTMENT SHALL
10 SUSPEND THE OPERATING PRIVILEGES OF THE OWNER FOR 60 DAYS. IF
11 THE OWNER PRODUCES, AT THE OFFICE OF THE ISSUING AUTHORITY
12 WITHIN FIVE DAYS OF THE VIOLATION, SATISFACTORY EVIDENCE THAT
13 THE MOTOR VEHICLE BEING OPERATED WAS COVERED BY FINANCIAL
14 RESPONSIBILITY AT THE TIME OF THE VIOLATION, THE OWNER SHALL
15 NOT BE CONVICTED FOR A VIOLATION OF THIS SECTION. IF THE
16 OWNER DOES NOT MEET THE FINANCIAL RESPONSIBILITY REQUIREMENTS
17 SET FORTH IN THIS SECTION WITHIN THE FIVE DAYS ALLOTTED, THE
18 DEPARTMENT SHALL SUSPEND THE REGISTRATION OF THE VEHICLE
19 UNTIL SUCH TIME AS PROOF OF FINANCIAL RESPONSIBILITY IS
20 PROVIDED TO THE DEPARTMENT.
21 (2) A PERSON OTHER THAN A VEHICLE'S OWNER WHO KNOWINGLY
22 OPERATES A VEHICLE NOT IN COMPLIANCE WITH THE FINANCIAL
23 RESPONSIBILITY REQUIREMENTS SET FORTH IN THIS SECTION COMMITS
24 A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO
25 PAY A FINE OF $300, AND THE DEPARTMENT SHALL SUSPEND THE
26 OPERATING PRIVILEGES OF THE PERSON FOR 60 DAYS. 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
30 RESPONSIBILITY AT THE TIME OF THE VIOLATION, HE SHALL NOT BE
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1 CONVICTED FOR A VIOLATION OF THIS SECTION.
2 Section 3. This act shall take effect in 60 days.
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