PRIOR PRINTER'S NO. 485 PRINTER'S NO. 1070
No. 433 Session of 1997
INTRODUCED BY PHILLIPS, GEIST, McCALL, ALLEN, CLARK, BELARDI,
HENNESSEY, READSHAW, SATHER, FARGO, SCHULER, ITKIN,
FAIRCHILD, GODSHALL, COLAFELLA, OLASZ, TIGUE, HERSHEY,
STABACK, BARD, TRELLO, SEMMEL, LYNCH, E. Z. TAYLOR, CIVERA,
STERN, BELFANTI AND ROSS, FEBRUARY 11, 1997
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 18, 1997
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for carrying and exhibiting
3 driver's license on demand and for investigation by police
4 officers.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 1511(b) and 6308 1511(B), 1533, 1540(B), <--
8 1960 AND 6308 of Title 75 of the Pennsylvania Consolidated
9 Statutes are amended to read:
10 § 1511. Carrying and exhibiting driver's license on demand.
11 * * *
12 (b) Production to avoid penalty.--No person shall be
13 convicted of violating this section or section 1501(a) (relating
14 to drivers required to be licensed) if the person produces at
15 the office of the issuing authority or the [arresting] police
16 officer within 15 days after demand is made by the police
17 officer a driver's license valid in this Commonwealth at the
1 time of the arrest or demand.
2 § 1533. SUSPENSION OF OPERATING PRIVILEGE FOR FAILURE TO <--
3 RESPOND TO CITATION.
4 (A) VIOLATIONS WITHIN COMMONWEALTH.--THE DEPARTMENT SHALL
5 SUSPEND THE OPERATING PRIVILEGE OF ANY PERSON WHO HAS FAILED TO
6 RESPOND TO A CITATION OR SUMMONS TO APPEAR BEFORE AN ISSUING
7 AUTHORITY OR A COURT OF COMPETENT JURISDICTION OF THIS
8 COMMONWEALTH FOR ANY VIOLATION OF THIS TITLE, OTHER THAN
9 PARKING, OR WHO HAS FAILED TO PAY ANY FINE OR COSTS IMPOSED BY
10 AN ISSUING AUTHORITY OR SUCH COURTS FOR ANY VIOLATION OF THIS
11 TITLE, OTHER THAN PARKING, UPON BEING DULY NOTIFIED BY CERTIFIED
12 MAIL BY AN ISSUING AUTHORITY OR A COURT OF THIS COMMONWEALTH.
13 THE FAILURE OF A PERSON TO PICK UP THE MAILED NOTICE OF
14 SUSPENSION OF HIS OPERATING PRIVILEGE SHALL NOT AFFECT THE
15 EFFECTIVE DATE OF THAT SUSPENSION.
16 (B) VIOLATIONS OUTSIDE COMMONWEALTH.--THE DEPARTMENT SHALL
17 SUSPEND THE OPERATING PRIVILEGE OF ANY PERSON WHO HAS FAILED TO
18 RESPOND TO A CITATION, SUMMONS OR SIMILAR WRIT TO APPEAR BEFORE
19 A COURT OF COMPETENT JURISDICTION OF THE UNITED STATES OR ANY
20 STATE WHICH HAS ENTERED INTO AN ENFORCEMENT AGREEMENT WITH THE
21 DEPARTMENT, AS AUTHORIZED UNDER SECTION 6146 (RELATING TO
22 ENFORCEMENT AGREEMENTS), FOR ANY VIOLATION OF THE MOTOR VEHICLE
23 LAWS OF SUCH STATE, OTHER THAN PARKING, OR WHO HAS FAILED TO PAY
24 ANY FINE OR COSTS IMPOSED BY SUCH COURT UPON BEING DULY NOTIFIED
25 IN ACCORDANCE WITH THE LAWS OF SUCH JURISDICTION IN WHICH THE
26 VIOLATION OCCURRED. A PERSON WHO PROVIDES PROOF, SATISFACTORY TO
27 THE DEPARTMENT, THAT THE FULL AMOUNT OF THE FINE AND COSTS HAS
28 BEEN FORWARDED TO AND RECEIVED BY THE COURT SHALL NOT BE
29 REGARDED AS HAVING FAILED TO RESPOND FOR THE PURPOSES OF THIS
30 SUBSECTION.
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1 (C) TIME FOR RESPONDING TO NOTICE.--AT LEAST 15 DAYS BEFORE
2 AN ISSUING AUTHORITY OR COURT NOTIFIES THE DEPARTMENT TO IMPOSE
3 A SUSPENSION PURSUANT TO SUBSECTION (A), THE ISSUING AUTHORITY
4 OR COURT SHALL NOTIFY THE PERSON IN WRITING OF THE REQUIREMENT
5 TO RESPOND TO THE CITATION AND PAY ALL FINES AND PENALTIES
6 IMPOSED BY THE ISSUING AUTHORITY OR COURT.
7 (D) PERIOD OF SUSPENSION.--THE SUSPENSION SHALL CONTINUE
8 UNTIL SUCH PERSON SHALL RESPOND TO THE CITATION, SUMMONS OR
9 WRIT, AS THE CASE MAY BE, AND PAY ALL FINES AND PENALTIES
10 IMPOSED OR ENTER INTO AN AGREEMENT TO MAKE INSTALLMENT PAYMENTS
11 FOR THE FINES AND PENALTIES IMPOSED PROVIDED THAT THE SUSPENSION
12 MAY BE REIMPOSED BY THE DEPARTMENT IF THE DEFENDANT FAILS TO
13 MAKE REGULAR INSTALLMENT PAYMENTS AND, IF APPLICABLE, PAY THE
14 FEE PRESCRIBED IN SECTION 1960 (RELATING TO REINSTATEMENT OF
15 OPERATING PRIVILEGE OR VEHICLE REGISTRATION).
16 (E) REMEDY CUMULATIVE.--A SUSPENSION UNDER THIS SECTION
17 SHALL BE IN ADDITION TO THE REQUIREMENT OF WITHHOLDING RENEWAL
18 OR REINSTATEMENT OF A VIOLATOR'S DRIVER'S LICENSE AS PRESCRIBED
19 IN SECTION 1503(A) (RELATING TO PERSONS INELIGIBLE FOR
20 LICENSING).
21 (F) ADMISSIBILITY OF DOCUMENTS.--A COPY OF A DOCUMENT ISSUED
22 BY A COURT OR ISSUING AUTHORITY OF THIS COMMONWEALTH OR BY AN
23 OFFICIAL OF ANOTHER STATE SHALL BE ADMISSIBLE FOR THE PURPOSE OF
24 PROVING A VIOLATION OF THIS SECTION.
25 § 1540. SURRENDER OF LICENSE.
26 * * *
27 (B) SUSPENSION, REVOCATION OR DISQUALIFICATION OF OPERATING
28 PRIVILEGE.--
29 (1) UPON THE SUSPENSION OR REVOCATION OF THE OPERATING
30 PRIVILEGE OR THE DISQUALIFICATION OF THE COMMERCIAL OPERATING
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1 PRIVILEGE OF ANY PERSON BY THE DEPARTMENT, THE DEPARTMENT
2 SHALL FORTHWITH NOTIFY THE PERSON [IN WRITING] BY CERTIFIED
3 MAIL AT THE ADDRESS OF RECORD TO SURRENDER HIS DRIVER'S
4 LICENSE TO THE DEPARTMENT FOR THE TERM OF SUSPENSION,
5 REVOCATION OR DISQUALIFICATION.
6 (2) THE DEPARTMENT SHALL INCLUDE WITH THE WRITTEN NOTICE
7 OF SUSPENSION, REVOCATION OR DISQUALIFICATION A FORM FOR
8 ACKNOWLEDGING THE SUSPENSION, REVOCATION OR DISQUALIFICATION,
9 WHICH FORM SHALL BE FILED WITH THE DEPARTMENT IF THE PERSON
10 HAS NO LICENSE TO SURRENDER.
11 (3) THE SUSPENSION, REVOCATION OR DISQUALIFICATION SHALL
12 BE EFFECTIVE UPON THE EARLIER OF:
13 (I) A DATE DETERMINED BY THE DEPARTMENT; OR
14 (II) THE DATE OF FILING OR MAILING OF THE LICENSE OR
15 ACKNOWLEDGMENT TO THE DEPARTMENT, IN PERSON OR BY
16 CERTIFIED MAIL, IF THAT DATE IS SUBSEQUENT TO THE
17 DEPARTMENT'S NOTICE TO SURRENDER THE LICENSE.
18 (4) UPON SURRENDER OF THE LICENSE OR ACKNOWLEDGMENT, THE
19 DEPARTMENT SHALL ISSUE A RECEIPT SHOWING THE DATE THAT IT
20 RECEIVED THE LICENSE OR ACKNOWLEDGMENT.
21 THE FAILURE OF A PERSON TO PICK UP THE MAILED NOTICE OF
22 SUSPENSION, REVOCATION OR DISQUALIFICATION OF HIS OPERATING
23 PRIVILEGE SHALL NOT AFFECT THE EFFECTIVE DATE OF THAT
24 SUSPENSION, REVOCATION OR DISQUALIFICATION.
25 * * *
26 § 1960. REINSTATEMENT OF OPERATING PRIVILEGE OR VEHICLE
27 REGISTRATION.
28 (A) GENERAL RULE.--THE DEPARTMENT SHALL CHARGE A FEE OF
29 [$25] $30 OR, IF SECTION 1786(D) (RELATING TO REQUIRED FINANCIAL
30 RESPONSIBILITY) APPLIES, A FEE OF $50 TO RESTORE A PERSON'S
19970H0433B1070 - 4 -
1 OPERATING PRIVILEGE OR THE REGISTRATION OF A VEHICLE FOLLOWING A
2 SUSPENSION OR REVOCATION.
3 (B) ADDITIONAL FEE.--IN ADDITION TO THE FEE FOR THE
4 RESTORATION OF A PERSON'S OPERATING PRIVILEGE PROVIDED FOR IN
5 SUBSECTION (A), THE DEPARTMENT IS AUTHORIZED TO CHARGE AN
6 ADDITIONAL RESTORATION FEE WHICH IS REASONABLE AND SUFFICIENT TO
7 COVER EXPENSES INCURRED IN THE ADMINISTRATION OF NOTIFYING
8 PERSONS OF A SUSPENSION, REVOCATION OR DISQUALIFICATION OF THE
9 OPERATING PRIVILEGE BY CERTIFIED MAIL. THE AMOUNT OF THE
10 ADDITIONAL FEE AND THE BASIS USED BY THE DEPARTMENT IN
11 ESTABLISHING IT SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN.
12 ANY SUBSEQUENT INCREASES OR DECREASES IN THE ADDITIONAL
13 RESTORATION FEE SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN
14 IN A SIMILAR MANNER.
15 § 6308. Investigation by police officers.
16 (a) Duty of operator or pedestrian.--The operator of any
17 vehicle or any pedestrian reasonably believed to have violated
18 any provision of this title shall stop upon request or signal of
19 any police officer and shall, upon request, exhibit a
20 registration card, driver's license and information relating to
21 financial responsibility, or other means of identification if a
22 pedestrian or driver of a pedalcycle, and shall write their name
23 in the presence of the police officer if so required for the
24 purpose of establishing identity.
25 (b) Authority of police officer.--Whenever a police officer
26 is engaged in a systematic program of checking vehicles or
27 drivers or has articulable and reasonable grounds to suspect a
28 violation of this title, he may stop a vehicle, upon request or
29 signal, for the purpose of checking the vehicle's registration,
30 proof of financial responsibility, vehicle identification number
19970H0433B1070 - 5 -
1 or engine number or the driver's license, or to secure such
2 other information as the officer may reasonably believe to be
3 necessary to enforce the provisions of this title.
4 (c) Inspection of garages and dealer premises.--Any police
5 officer or authorized department employee may inspect any
6 vehicle in any garage or repair shop or on the premises of any
7 dealer, miscellaneous motor vehicle business, salvage motor
8 vehicle auction or pool operator, salvor, scrap metal processor,
9 or other public place of business for the purpose of locating
10 stolen vehicles or parts or vehicles or vehicle parts with
11 identification numbers removed or falsified. The owner of the
12 garage or repair shop or the dealer or other person shall permit
13 any police officer or authorized department employee to make
14 investigations under this subsection.
15 (d) Records.--Every salvor, miscellaneous motor vehicle
16 business, salvage motor vehicle auction or pool operator, scrap
17 metal processor and dealer shall keep accurate records of motor
18 vehicle sales and dispositions. The records shall include the
19 make, year and type of vehicle, from whom purchased or acquired
20 and date, vehicle identification number and date of sale or
21 disposition of vehicle. The records shall be available on the
22 premises of the salvor, miscellaneous motor vehicle business,
23 salvage motor vehicle auction or pool operator, scrap metal
24 processor and dealer and open to inspection by any police
25 officer or authorized department employee. The records shall be
26 maintained for three years from the date of disposition of the
27 vehicle.
28 (d.1) Production to avoid penalty.--No person shall be
29 convicted of failing to have in his possession any of the
30 documents required to be exhibited by subsection (a) or (b) if
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1 the person produces the requested documents at the office of the
2 issuing authority or the police officer within 15 days after
3 demand is made by the police officer if the documents were valid
4 in this Commonwealth at the time of the request.
5 (e) Penalty.--Any person violating subsection (d) commits a
6 misdemeanor of the third degree.
7 Section 2. This act shall take effect immediately.
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