PRINTER'S NO. 1068
No. 950 Session of 1989
INTRODUCED BY PITTS, McVERRY, HESS, BATTISTO, VROON, JACKSON,
DISTLER, SAURMAN, TRELLO, CAWLEY, FREIND, LASHINGER, LEH,
CARLSON, MICOZZIE, OLASZ, SEMMEL, PHILLIPS, J. L. WRIGHT,
GEIST, BARLEY, CLYMER, JOHNSON, RAYMOND, FLICK, NAHILL,
HERSHEY, BUNT, MELIO, E. Z. TAYLOR, CIVERA, BUSH AND HAGARTY,
APRIL 3, 1989
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 3, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for civil penalties for
3 improperly meeting or overtaking a school bus.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3345(j) of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended and the section is amended by
8 adding a subsection to read:
9 § 3345. Meeting or overtaking school bus.
10 * * *
11 (j) [Penalty] Criminal penalty.--Any person violating
12 subsection (a) or (f.1) [is guilty of] commits a summary offense
13 and shall, upon conviction, be sentenced to pay a fine of $100.
14 (k) Civil penalty.--
15 (1) The driving privilege of a registered owner who
16 violates subsection (a) or (f.1) shall be suspended for 30
1 days after a hearing as provided in this subsection. A
2 suspension under this subsection shall not include the
3 assessment of points under section 1535 (relating to schedule
4 of convictions and points).
5 (2) When a person, including a police officer, believes
6 there is sufficient basis for imposing a civil penalty for a
7 violation of subsection (a) or (f.1), the person may
8 institute a civil action under the Rules of Civil Procedure
9 for District Justices.
10 (3) Civil proceedings under this subsection shall be
11 before a district justice in the magisterial district where
12 the violation occurred. Notice of a hearing shall be mailed
13 to each registered owner of the vehicle.
14 (4) Each registered owner may appear personally or by
15 representative and may present evidence at the hearing.
16 (5) The district justice shall determine whether a
17 preponderance of the evidence establishes that the registered
18 owner violated subsection (a) or (f.1). The provisions of 42
19 Pa.C.S. § 6143 (relating to registration number as evidence
20 of operation of vehicle) shall apply to civil cases under
21 this subsection.
22 (6) If the district justice finds that the registered
23 owner violated subsection (a) or (f.1), the district justice
24 shall forward a copy of a court order to the department
25 specifying that the owner's operating privilege is to be
26 suspended. No court order shall be forwarded to the
27 department until the appeal period provided for in paragraph
28 (8) has expired.
29 (7) Upon receiving a certified court order from a
30 district justice, the department shall suspend the driving
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1 privilege of the person. If the person is serving or has
2 served a 60-day suspension under section 1535 resulting from
3 a conviction of subsection (a) or (f.1) arising out of the
4 same incident, no suspension under this subsection shall be
5 imposed.
6 (8) A party aggrieved by the decision of the district
7 justice may, within 30 days, appeal to the court of common
8 pleas for the judicial district in which the magisterial
9 district is located. The filing of the appeal shall act as a
10 supersedeas, and no suspension shall be imposed against the
11 person until final determination of the matter. The court
12 shall set the matter down for hearing, upon 30 days' written
13 notice to the complainant. The district attorney of the
14 county where the violation occurred may represent the
15 complainant. The court shall conduct a trial de novo. If the
16 court finds that the registered owner violated subsection (a)
17 or (f.1), the court shall forward a copy of an order to the
18 department specifying that the owner's operating privilege is
19 to be suspended.
20 Section 2. The Supreme Court may adopt additional rules
21 governing the procedure set forth in section 1 (section
22 3345(k)).
23 Section 3. This act shall take effect in 60 days.
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