PRIOR PRINTER'S NOS. 541, 923, 1953 PRINTER'S NO. 2052
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, JOSEPHS, FOX, MAIALE AND VEON, FEBRUARY 14, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 13, 1989
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for surrender of registration 3 plates and cards and licenses, for proof of financial 4 responsibility and for certificates of inspection; and 5 imposing penalties. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Sections 1376, 1535(a) and 1540(c) of Title 75 <-- 9 of the Pennsylvania Consolidated Statutes are amended to read: 10 SECTION 1. SECTION 1306 OF TITLE 75 OF THE PENNSYLVANIA <-- 11 CONSOLIDATED STATUTES, REPEALED IN PART APRIL 26, 1989 (P.L.13, 12 NO.4), IS AMENDED TO READ: 13 § 1306. GROUNDS FOR REFUSING REGISTRATION. 14 THE DEPARTMENT SHALL REFUSE REGISTRATION OR RENEWAL OR 15 TRANSFER OF REGISTRATION WHEN ANY OF THE FOLLOWING CIRCUMSTANCES 16 EXISTS:
1 (1) THE APPLICANT IS NOT ENTITLED TO REGISTRATION UNDER 2 THE PROVISIONS OF THIS CHAPTER. 3 (2) THE APPLICANT HAS AT REGISTRATION OR TITLING 4 NEGLECTED OR REFUSED TO FURNISH THE DEPARTMENT WITH THE 5 INFORMATION REQUIRED ON THE APPROPRIATE OFFICIAL FORM, OR ANY 6 REASONABLE ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT. 7 (3) THE DEPARTMENT HAS REASONABLE GROUNDS TO BELIEVE 8 THAT THE APPLICATION CONTAINS FALSE OR FRAUDULENT 9 INFORMATION, OR THAT THE VEHICLE IS STOLEN, WHICH FACT THE 10 DEPARTMENT SHALL ASCERTAIN BY REFERENCE TO THE STOLEN VEHICLE 11 FILE REQUIRED TO BE MAINTAINED UNDER SECTION 7114 (RELATING 12 TO RECORDS OF STOLEN VEHICLES), OR THAT THE GRANTING OF 13 REGISTRATION WOULD CONSTITUTE A FRAUD AGAINST THE RIGHTFUL 14 OWNER OR OTHER PERSON HAVING A VALID LIEN UPON THE VEHICLE. 15 (4) THE FEES REQUIRED BY LAW HAVE NOT BEEN PAID. 16 (5) THE VEHICLE IS NOT CONSTRUCTED OR EQUIPPED AS 17 REQUIRED BY THIS TITLE. 18 (6) THE REGISTRATION OF THE VEHICLE STANDS SUSPENDED OR 19 REVOKED FOR ANY REASON AS PROVIDED FOR IN THIS TITLE. 20 SECTION 2. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ: 21 § 1318. DUTIES OF AGENTS. 22 (A) VERIFICATION OF FINANCIAL RESPONSIBILITY.--AN AGENT WHO 23 IS AUTHORIZED TO ISSUE ON BEHALF OF THE DEPARTMENT A VEHICLE 24 REGISTRATION RENEWAL OR TEMPORARY REGISTRATION SHALL BE REQUIRED 25 TO VERIFY FINANCIAL RESPONSIBILITY PRIOR TO ISSUANCE. 26 (B) PROOF.--PROOF OF FINANCIAL RESPONSIBILITY SHALL BE 27 VERIFIED BY EXAMINING ONE OF THE FOLLOWING DOCUMENTS: 28 (1) AN IDENTIFICATION CARD AS REQUIRED BY REGULATIONS 29 PROMULGATED BY THE INSURANCE DEPARTMENT. 30 (2) THE DECLARATION PAGE OF AN INSURANCE POLICY. 19890H0426B2052 - 2 -
1 (3) A CERTIFICATE OF FINANCIAL RESPONSIBILITY. 2 (4) A VALID BINDER OF INSURANCE ISSUED BY AN INSURANCE 3 COMPANY LICENSED TO SELL AUTOMOBILE LIABILITY INSURANCE IN 4 PENNSYLVANIA. 5 SECTION 3. SECTIONS 1371, 1376, 1377, 1535, 1540(C), 1781, 6 1782 AND 1783 OF TITLE 75 ARE AMENDED TO READ: 7 § 1371. OPERATION FOLLOWING SUSPENSION OR REVOCATION OF 8 REGISTRATION. 9 (A) GENERAL RULE.--NO PERSON SHALL OPERATE AND NO OWNER 10 SHALL PERMIT TO BE OPERATED UPON ANY HIGHWAY A VEHICLE THE 11 REGISTRATION OF WHICH HAS BEEN SUSPENDED OR REVOKED. 12 (B) PENALTY.--ANY PERSON VIOLATING THIS SECTION IS GUILTY OF 13 A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO 14 PAY A FINE OF NOT LESS THAN $100 NOR MORE THAN $500. 15 § 1376. Surrender of registration plates and cards upon 16 suspension OR REVOCATION. <-- 17 (a) General rule.--The department, upon suspending OR <-- 18 REVOKING any registration, shall require the registration plate 19 or plates and registration card or cards to be surrendered 20 immediately to the department [and]. 21 (b) Delegation of authority.--If within 35 days the 22 registration plates and cards are not surrendered under 23 subsection (a), the department may delegate authority to [any 24 authorized department employee, member of the Pennsylvania State 25 Police or local police officer to seize the registration plate 26 or plates and registration card or cards.] the following persons 27 to seize a registration plate and registration card which are 28 required to be surrendered under subsection (a): 29 (1) A designated department employee. 30 (2) Members of the Pennsylvania State Police. 19890H0426B2052 - 3 -
1 (3) Local police officers. 2 (4) Sheriffs or deputy sheriffs. 3 (5) Constables or deputy constables. If constables and 4 deputy constables are delegated authority to seize 5 registration plates and registration cards under this 6 section, they shall be compensated by the department at the 7 rate of $15 for each registration plate and card jointly 8 seized, plus mileage. The department shall pay a constable or 9 deputy constable within 30 days after a documented request 10 for payment is submitted to it. 11 (c) Regulations.--The department shall, by regulation, 12 prescribe the manner of selecting [the employees and State and 13 local police officers] those enforcement officials who are 14 delegated authority under this section to seize the registration 15 plates and registration cards. 16 [(b)] (d) Penalty.--Any person failing or refusing to 17 surrender to the department or its authorized delegate, upon 18 demand, any registration plate or card which has been suspended 19 OR REVOKED is guilty of a summary offense and shall, upon <-- 20 conviction, be sentenced to pay a fine of [$100] $300, plus 21 costs. Cost shall include a reasonable fee for official seizure 22 of the unsurrendered items. 23 § 1377. JUDICIAL REVIEW OF DENIAL [OR], SUSPENSION OR <-- 24 REVOCATION OF REGISTRATION. 25 ANY PERSON WHOSE REGISTRATION HAS BEEN DENIED [OR], SUSPENDED 26 OR REVOKED BY THE DEPARTMENT SHALL HAVE THE RIGHT TO APPEAL TO 27 THE COURT VESTED WITH JURISDICTION OF SUCH APPEALS BY OR 28 PURSUANT TO TITLE 42 (RELATING TO JUDICIARY AND JUDICIAL 29 PROCEDURE). THE FILING OF THE APPEAL SHALL ACT AS A SUPERSEDEAS 30 AND THE SUSPENSION OF REGISTRATION SHALL NOT BE IMPOSED UNTIL 19890H0426B2052 - 4 -
1 DETERMINATION OF THE MATTER AS PROVIDED IN THIS SECTION. THE 2 COURT SHALL SET THE MATTER DOWN FOR HEARING UPON 30 DAYS WRITTEN 3 NOTICE TO THE DEPARTMENT, AND THEREUPON TAKE TESTIMONY AND 4 EXAMINE INTO THE FACTS OF THE CASE AND DETERMINE WHETHER THE 5 PETITIONER IS ENTITLED TO REGISTRATION OR SUBJECT TO SUSPENSION 6 OF REGISTRATION UNDER THE PROVISIONS OF THIS TITLE. 7 § 1535. Schedule of convictions and points. 8 (a) General rule.--A point system for driver education and 9 control is hereby established which is related to other 10 provisions for use, suspension and revocation of the operating 11 privilege as specified under this title. Every driver licensed 12 in this Commonwealth who is convicted of any of the following 13 offenses shall be assessed points as of the date of violation in 14 accordance with the following schedule: 15 Section Number Offense Points 16 1512 Violation of restriction on 17 driver's license. 2 18 1571 Violation concerning license. 3 19 1788 Required financial responsibility. 5 20 3102 Failure to obey policeman or 21 authorized person. 2 22 3112(a)(3)(i) Failure to stop for a red light. 3 23 3114(a)(1) Failure to stop for a flashing 24 red light. 3 25 3302 Failure to yield half of roadway 26 to oncoming vehicle. 3 27 3303 Improper passing. 3 28 3304 Other improper passing. 3 29 3305 Other improper passing. 3 30 3306(a)(1) Other improper passing. 4 19890H0426B2052 - 5 -
1 3306(a)(2) Other improper passing. 3 2 3306(a)(3) Other improper passing. 3 3 3307 Other improper passing. 3 4 3310 Following too closely. 3 5 3321 Failure to yield to driver on the 6 right at intersection. 3 7 3322 Failure to yield to oncoming 8 driver when making left turn. 3 9 3323(b) Failure to stop for stop sign. 3 10 3323(c) Failure to yield at yield sign. 3 11 3324 Failure to yield when entering or 12 crossing roadway between inter- 13 sections. 3 14 3332 Improper turning around. 3 15 3341 Failure to stop for flashing red 16 lights or gate at railroad 17 crossing. 3 18 3344 Failure to stop when entering from 19 alley, driveway or building. 3 20 3345(a) Failure to stop for school bus 21 with flashing red lights. 5 22 (and 60 days suspension) 23 3361 Driving too fast for conditions. 2 24 3362 Exceeding maximum speed.--Over Limit: 25 6-10 2 26 11-15 3 27 16-25 4 28 26-30 5 29 31-over 5 30 (and departmental hearing 19890H0426B2052 - 6 -
1 and sanctions provided 2 under section 1538(d)) 3 3365(b) Exceeding special speed limit 4 in school zone. 3 5 3365(c) Exceeding special speed limit 6 for trucks on downgrades. 3 7 3542(a) Failure to yield to pedestrian in 8 crosswalk. 2 9 3547 Failure to yield to pedestrian on 10 sidewalk. 3 11 3549(a) Failure to yield to blind 12 pedestrian. 3 13 3702 Improper backing. 3 14 3714 Reckless driving. 3 15 3745 Leaving scene of accident 16 involving property damage only. 4 17 * * * 18 § 1540. Surrender of license. 19 * * * 20 (c) Seizure of revoked and suspended licenses.-- 21 (1) The department may delegate authority to [any 22 authorized department employee, member of the Pennsylvania 23 State Police or local police officer] the following persons 24 to seize the driver's license of any person [when the 25 operating privilege of that person has been revoked or 26 suspended and his] whose driver's license has been ordered to 27 be surrendered by a court or district attorney or by the 28 department[.]: 29 (i) A designated department employee. 30 (ii) Members of the Pennsylvania State Police. 19890H0426B2052 - 7 -
1 (iii) Local police officers. 2 (iv) Sheriffs or deputy sheriffs. 3 (v) Constables or deputy constables. If constables 4 and deputy constables are delegated authority to seize 5 drivers' licenses under this subsection, they shall be 6 compensated by the department at the rate of $15 for each 7 driver's license seized, plus mileage. The department 8 shall pay a constable or deputy constable within 30 days 9 after a documented request is submitted to it. 10 (2) The department shall, by regulation, prescribe the 11 manner of selecting [the employees and State and local police 12 officers] those enforcement officials who are delegated 13 authority under this subsection to seize the drivers' 14 licenses. 15 § 1781. NOTICE OF SANCTION FOR NOT EVIDENCING FINANCIAL <-- 16 RESPONSIBILITY. 17 AN APPLICANT FOR REGISTRATION OF A VEHICLE SHALL ACKNOWLEDGE 18 ON A FORM DEVELOPED BY THE DEPARTMENT OF TRANSPORTATION THAT THE 19 APPLICANT KNOWS HE MAY LOSE HIS OPERATING PRIVILEGE OR VEHICLE 20 REGISTRATIONS IF HE FAILS TO [EVIDENCE FINANCIAL RESPONSIBILITY 21 FOR THE PURPOSES DESCRIBED IN SECTION 1772 (RELATING TO 22 SUSPENSION FOR NONPAYMENT OF JUDGMENTS), 1783 (RELATING TO PROOF 23 OF FINANCIAL RESPONSIBILITY BEFORE RESTORING OPERATING PRIVILEGE 24 OR REGISTRATION), 1784 (RELATING TO PROOF OF FINANCIAL 25 RESPONSIBILITY FOLLOWING VIOLATION) OR 1785 (RELATING TO PROOF 26 OF FINANCIAL RESPONSIBILITY FOLLOWING ACCIDENT).] MAINTAIN 27 FINANCIAL RESPONSIBILITY ON THE CURRENTLY REGISTERED VEHICLE FOR 28 THE PERIOD OF REGISTRATION. 29 § 1782. MANNER OF PROVIDING PROOF OF FINANCIAL RESPONSIBILITY. 30 (A) GENERAL RULE.--PROOF OF FINANCIAL RESPONSIBILITY MAY BE 19890H0426B2052 - 8 -
1 FURNISHED BY FILING EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT 2 ALL MOTOR VEHICLES REGISTERED IN A PERSON'S NAME ARE COVERED BY 3 MOTOR VEHICLE LIABILITY INSURANCE OR BY A PROGRAM OF SELF- 4 INSURANCE AS PROVIDED BY SECTION 1787 (RELATING TO SELF- 5 INSURANCE) OR OTHER RELIABLE FINANCIAL ARRANGEMENTS, DEPOSITS, 6 RESOURCES OR COMMITMENTS ACCEPTABLE TO THE DEPARTMENT. 7 (B) NONRESIDENT.--THE NONRESIDENT OWNER OF A MOTOR VEHICLE 8 NOT REGISTERED IN THIS COMMONWEALTH MAY GIVE PROOF OF FINANCIAL 9 RESPONSIBILITY BY FILING WITH THE DEPARTMENT A WRITTEN 10 CERTIFICATE OR CERTIFICATES OF AN INSURANCE COMPANY AUTHORIZED 11 TO TRANSACT BUSINESS IN THE STATE IN WHICH THE MOTOR VEHICLE OR 12 MOTOR VEHICLES DESCRIBED IN THE CERTIFICATE ARE REGISTERED OR, 13 IF THE NONRESIDENT DOES NOT OWN A MOTOR VEHICLE, THEN EVIDENCE 14 SATISFACTORY TO THE DEPARTMENT THAT THE PERSON DOES NOT OWN A 15 MOTOR VEHICLE. THE DEPARTMENT SHALL ACCEPT THE CERTIFICATE UPON 16 CONDITION THAT THE INSURANCE COMPANY COMPLIES WITH THE FOLLOWING 17 PROVISIONS WITH RESPECT TO THE POLICIES SO CERTIFIED: 18 (1) THE INSURANCE COMPANY SHALL EXECUTE A POWER OF 19 ATTORNEY AUTHORIZING THE DEPARTMENT TO ACCEPT SERVICE ON ITS 20 BEHALF OR PROCESS IN ANY ACTION ARISING OUT OF A MOTOR 21 VEHICLE ACCIDENT IN THIS COMMONWEALTH. 22 (2) THE INSURANCE COMPANY SHALL AGREE IN WRITING THAT 23 THE POLICIES SHALL BE DEEMED TO CONFORM WITH THE LAWS OF THIS 24 COMMONWEALTH RELATING TO THE TERMS OF MOTOR VEHICLE LIABILITY 25 POLICIES ISSUED IN THIS COMMONWEALTH. 26 (C) DEFAULT BY FOREIGN INSURANCE COMPANY.--IF ANY INSURANCE 27 COMPANY NOT AUTHORIZED TO TRANSACT BUSINESS IN THIS 28 COMMONWEALTH, WHICH HAS QUALIFIED TO FURNISH PROOF OF FINANCIAL 29 RESPONSIBILITY, DEFAULTS IN ANY UNDERTAKINGS OR AGREEMENTS, THE 30 DEPARTMENT SHALL NOT THEREAFTER ACCEPT AS PROOF ANY CERTIFICATE 19890H0426B2052 - 9 -
1 OF THE COMPANY WHETHER THERETOFORE FILED OR THEREAFTER TENDERED 2 AS PROOF AS LONG AS THE DEFAULT CONTINUES. 3 (D) FINANCIAL RESPONSIBILITY IDENTIFICATION CARDS.--INSURERS 4 SHALL PROVIDE FINANCIAL RESPONSIBILITY IDENTIFICATION CARDS TO 5 INSUREDS WHICH SHALL BE VALID ONLY FOR THE PERIOD FOR WHICH 6 COVERAGE HAS BEEN PAID BY THE INSURED. FINANCIAL RESPONSIBILITY 7 IDENTIFICATION CARDS SHALL DISCLOSE THE PERIOD FOR WHICH 8 COVERAGE HAS BEEN PAID BY THE INSURED AND SHALL CONTAIN SUCH 9 OTHER INFORMATION AS REQUIRED BY THE INSURANCE DEPARTMENT. 10 § 1783. PROOF OF FINANCIAL RESPONSIBILITY BEFORE RESTORING 11 OPERATING PRIVILEGE OR REGISTRATION. 12 (A) GENERAL RULE.--WHENEVER THE DEPARTMENT SUSPENDS OR 13 REVOKES THE OPERATING PRIVILEGE OF ANY PERSON OR THE 14 REGISTRATION OF ANY VEHICLE PURSUANT TO SECTION 1532 (RELATING 15 TO REVOCATION OR SUSPENSION OF OPERATING PRIVILEGE), 1542 16 (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE), 1772 17 (RELATING TO SUSPENSION FOR NONPAYMENT OF JUDGMENTS), 1784 18 (RELATING TO PROOF OF FINANCIAL RESPONSIBILITY FOLLOWING 19 VIOLATION) OR 1785 (RELATING TO PROOF OF FINANCIAL 20 RESPONSIBILITY FOLLOWING ACCIDENT), OR UPON RECEIVING THE RECORD 21 OF A CONVICTION OR FORFEITURE OF BAIL, THE DEPARTMENT SHALL NOT 22 RESTORE THE OPERATING PRIVILEGE OR THE APPLICABLE REGISTRATION 23 UNTIL THE PERSON FURNISHES PROOF OF FINANCIAL RESPONSIBILITY. 24 (B) NOTICE.--AN INSURER WHO HAS ISSUED A CONTRACT OF MOTOR 25 VEHICLE LIABILITY INSURANCE, OR ANY APPROVED SELF-INSURANCE 26 ENTITY, SHALL NOTIFY THE DEPARTMENT WITHIN TEN DAYS OF THE 27 CANCELLATION, NONRENEWAL OR TERMINATION OF THE INSURANCE BY THE 28 INSURER OR INSURED IN A METHOD PRESCRIBED BY REGULATIONS 29 PROMULGATED BY THE DEPARTMENT. 30 SECTION 4. SECTION 1785 OF TITLE 75 IS REPEALED. 19890H0426B2052 - 10 -
1 Section 2 5. Title 75 is amended by adding a section to <-- 2 read: 3 § 1788. Required financial responsibility. 4 (a) General rule.--Every owner of a motor vehicle which is 5 registered under this title shall continuously provide and 6 maintain financial responsibility and shall not operate the 7 motor vehicle or permit it to be operated upon a highway of this 8 Commonwealth without financial responsibility. 9 (b) Consent to produce proof of financial responsibility.-- 10 Upon registering a motor vehicle or renewing a motor vehicle 11 registration, the owner of a motor vehicle shall be deemed to 12 have given consent to produce satisfactory evidence of financial 13 responsibility upon the demand of a police officer or the 14 department. 15 (c) Exhibition of proof of financial responsibility.--Proof 16 of financial responsibility shall, at all times while the 17 vehicle is being operated upon a highway, be in the possession 18 of the person driving or in control of the vehicle, or be 19 carried in the vehicle, and shall be exhibited upon demand of 20 any police officer or the department. 21 (d) Penalty.-- 22 (1) An owner of a motor vehicle who does not meet the 23 financial responsibility requirements set forth in this 24 section commits a summary offense and shall, upon conviction, 25 be sentenced to pay a fine of $300, and the department shall 26 suspend the operating privileges of the owner for 60 days. If 27 the owner produces, at the office of the issuing authority 28 within five days of the violation, satisfactory evidence that 29 the motor vehicle being operated was covered by financial 30 responsibility at the time of the violation, the owner shall 19890H0426B2052 - 11 -
1 not be convicted for a violation of this section. If the 2 owner does not meet the financial responsibility requirements 3 set forth in this section within the five days allotted, the 4 department shall suspend the registration of the vehicle 5 until such time as proof of financial responsibility is 6 provided to the department. 7 (2) A person other than a vehicle's owner who knowingly 8 operates a vehicle not in compliance with the financial 9 responsibility requirements set forth in this section commits 10 a summary offense and shall, upon conviction, be sentenced to 11 pay a fine of $300, and the department shall suspend the 12 operating privileges of the person for 60 days. If the person 13 produces, at the office of the issuing authority within five 14 days of the violation, satisfactory evidence that the motor 15 vehicle being operated was covered by financial 16 responsibility at the time of the violation, he shall not be 17 convicted for a violation of this section. 18 SECTION 6. SECTION 1960 OF TITLE 75 IS AMENDED TO READ: <-- 19 § 1960. REINSTATEMENT OF REGISTRATION OR OPERATING PRIVILEGE. 20 THE DEPARTMENT SHALL CHARGE A FEE OF [$25] $50 TO RESTORE A 21 REGISTRATION OR A PERSON'S OPERATING PRIVILEGE FOLLOWING A 22 SUSPENSION OR REVOCATION. 23 Section 3 7. Section 4727 of Title 75 is amended by adding a <-- 24 subsection to read: 25 § 4727. Issuance of certificate of inspection. 26 * * * 27 (d) Proof of insurance.--No certificate of inspection shall 28 be issued unless proper proof of the insurance required by law 29 is submitted to the inspection official who shall keep a record 30 of the name of the insured, the issuing company, the policy 19890H0426B2052 - 12 -
1 number and the expiration date. 2 Section 4. This act shall take effect in six months. <-- 3 SECTION 8. THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY <-- 4 PROVISION OF THIS ACT OR ITS APPLICATION TO ANY PERSON OR 5 CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT 6 OTHER PROVISIONS OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN 7 EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION. 8 SECTION 9. ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR 9 AS THEY ARE INCONSISTENT WITH THIS ACT. 10 SECTION 10. THIS ACT SHALL TAKE EFFECT OCTOBER 1, 1989. A9L75CHF/19890H0426B2052 - 13 -