PRINTER'S NO. 3007
No. 2168 Session of 2005
INTRODUCED BY GEIST AND McCALL, NOVEMBER 1, 2005
REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 1, 2005
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for required financial
3 responsibility and for immobilization, towing and storage of
4 vehicle for driving without operating privileges or
5 registration; and making an editorial change.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 1786(e) and (h)(1) of Title 75 of the
9 Pennsylvania Consolidated Statutes are amended and the section
10 is amended by adding a subsection to read:
11 § 1786. Required financial responsibility.
12 * * *
13 (e) Obligations upon lapse, termination or cancellation of
14 financial responsibility.--
15 (1) An owner of a motor vehicle who ceases to maintain
16 financial responsibility on a registered vehicle shall not
17 operate or permit operation of the vehicle in this
18 Commonwealth until proof of the required financial
19 responsibility has been provided to the Department of
1 Transportation.
2 (2) An insurer who has issued a contract of motor
3 vehicle liability insurance, or any approved self-insurance
4 entity, shall notify the department [in a timely manner and
5 in a method prescribed by the department's regulations] as
6 prescribed in subsection (e.1). Upon request of an owner or
7 registrant in the case of an appeal brought by an owner or
8 registrant for suspension under this section, an insurer
9 shall provide a copy of the notice of cancellation or a copy
10 of the insurer's filing procedures with proof that the notice
11 was written in the normal course of business and placed in
12 the normal course of mailing. The department shall not be
13 required to produce such copy or any other proof that notice
14 of termination, lapse or cancellation was provided to the
15 owner or registrant in order to satisfy the burden of proof
16 in a proceeding under this section.
17 (3) An insurer who has issued a contract of motor
18 vehicle liability insurance and knows or has reason to
19 believe that the contract is only for the purpose of
20 providing proof of financial responsibility shall notify the
21 department if the insurance has been canceled or terminated
22 by the insured or by the insurer[. The insurer shall notify
23 the department not later than ten days following the
24 effective date of the cancellation or termination] as
25 prescribed in subsection (e.1).
26 (4) A person who, after maintaining financial
27 responsibility on the vehicle of another person, ceases to
28 maintain such financial responsibility shall immediately
29 notify the vehicle's owner who shall not operate, or permit
30 operation of, the vehicle in this Commonwealth.
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1 (5) In the case of a person who leases any motor vehicle
2 from a person engaged in the business of leasing motor
3 vehicles, the lessee shall sign a statement indicating that
4 the required financial responsibility has been provided
5 through the lessor or through the lessee's motor vehicle
6 liability insurance policy coverage. The lessee shall submit
7 the statement to the lessor.
8 (e.1) Financial Responsibility Verification Database.--
9 (1) The Department of Transportation shall establish and
10 administer an automated Statewide registry of private
11 passenger motor vehicle financial responsibility information
12 to be known as the Financial Responsibility Verification
13 Database. This registry shall contain information regarding
14 the cancellation, termination, lapse or issuance of financial
15 responsibility for all vehicles registered under this title.
16 (2) Insurers shall electronically notify the Department
17 of Transportation immediately upon the cancellation,
18 termination or lapse of any contract of motor vehicle
19 liability insurance and immediately upon the issuance of any
20 new contracts of motor vehicle liability insurance. The
21 financial responsibility information submitted shall be
22 matched against the Department of Transportation's database
23 of registered motor vehicles on a daily basis in order to
24 determine whether the owner of a motor vehicle has failed to
25 maintain financial responsibility on the vehicle.
26 (3) Information regarding motor vehicle owners failing
27 to maintain financial responsibility shall be made available
28 by the Department of Transportation to police officers on a
29 daily basis through the Commonwealth Law Enforcement
30 Assistance Network (CLEAN) in accordance with Pennsylvania
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1 State Police policy and procedures.
2 * * *
3 (h) Reinstatement of voluntarily surrendered registration
4 plate and card.--
5 (1) Except as provided in paragraph (2), the original
6 registration plate and card shall be canceled by the
7 [department] Department of Transportation and destroyed. Any
8 person who voluntarily surrendered a registration plate and
9 card pursuant to the provisions of subsection (g)(2) may
10 obtain a substitute registration plate and card bearing a
11 registration number other than that originally issued from
12 the Department of Transportation, a designated full agent or
13 a decentralized service agent, as the case may be. Proof of
14 financial responsibility in a form approved by the Department
15 of Transportation shall be submitted together with the
16 receipt showing the registration plate and card were
17 voluntarily surrendered.
18 * * *
19 Section 2. Section 6309.2(a) of Title 75, amended July 14,
20 2005 (P.L.285, No.50), is amended and the section is amended by
21 adding a subsection to read:
22 § 6309.2. Immobilization, towing and storage of vehicle for
23 driving without operating privileges or registration.
24 (a) General rule.--Subject to subsection (d), the following
25 shall apply:
26 (1) If a person operates a motor vehicle or combination
27 on a highway or trafficway of this Commonwealth while the
28 person's operating privilege is suspended, revoked, canceled,
29 recalled or disqualified or where the person is unlicensed,
30 as verified by an appropriate law enforcement officer in
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1 cooperation with the department, the law enforcement officer
2 shall immobilize the vehicle or combination or, in the
3 interest of public safety, direct that the vehicle be towed
4 and stored by the appropriate towing and storage agent
5 pursuant to subsection (c), and the appropriate judicial
6 authority shall be so notified.
7 (2) If a motor vehicle or combination for which there is
8 no valid registration [or], for which the registration is
9 suspended or for which there is no proof of financial
10 responsibility, as verified by an appropriate law enforcement
11 officer, is operated on a highway or trafficway of this
12 Commonwealth, the law enforcement officer shall immobilize
13 the motor vehicle or combination or, in the interest of
14 public safety, direct that the vehicle be towed and stored by
15 the appropriate towing and storing agent pursuant to
16 subsection (c), and the appropriate judicial authority shall
17 be so notified.
18 (a.1) Applicability.--
19 (1) This section shall be mandatory in cities of the
20 first class.
21 (2) This section shall be applicable in municipalities
22 other than counties, and other than cities of the first
23 class, within which the governing body has adopted an
24 ordinance electing to be subject to the provisions of this
25 section.
26 * * *
27 Section 3. This act shall take effect as follows:
28 (1) This section shall take effect immediately.
29 (2) The remainder of this act shall take effect in one
30 year.
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