PRINTER'S NO. 3093
No. 2233 Session of 1984
INTRODUCED BY HUTCHINSON, JUNE 4, 1984
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 4, 1984
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further defining "bus" and "motor-driven cycle";
3 changing requirements for certificates of title, transfers of
4 ownership, transfers between dealers and manufacturers;
5 further providing for junked vehicles; providing for the
6 duration of security interests; requiring registrations and
7 certificates of title; exempting additional vehicles from
8 registration; authorizing permanent fleet registration;
9 changing the designation of certain plates; further providing
10 for use of miscellaneous plates; further providing for the
11 contents, class and examinations for drivers' licenses;
12 further providing for suspensions or revocations; changing
13 certain point determinations, the removal thereof and
14 suspensions and license surrender; providing for judicial
15 review and notices; adding violations relating to drivers'
16 licenses; and making violations of regulations summary
17 offenses.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. The definitions of "bus" and "motor-driven cycle"
21 in section 102 of Title 75 of the Pennsylvania Consolidated
22 Statutes are amended to read:
23 § 102. Definitions.
24 Subject to additional definitions contained in subsequent
25 provisions of this title which are applicable to specific
1 provisions of this title, the following words and phrases when
2 used in this title shall have, unless the context clearly
3 indicates otherwise, the meanings given to them in this section:
4 * * *
5 "Bus." A motor vehicle designed for carrying more than ten
6 [passengers, exclusive of] persons, including the driver, and
7 used for the transportation of persons and a motor vehicle,
8 other than a taxicab, designed and used for the transportation
9 of persons for compensation. The term does not include a vehicle
10 owned by a natural person which is used solely for noncommercial
11 purposes, or a vehicle used in a ridesharing arrangement, as
12 defined in the act of December 14, 1982 (P.L.1211, No.279),
13 entitled "An act providing for ridesharing arrangements and
14 providing that certain laws shall be inapplicable to ridesharing
15 arrangements."
16 * * *
17 "Motor-driven cycle." A motorcycle, including a motor
18 scooter, with a motor which produces not to exceed five brake
19 horsepower[, and every pedalcycle with motor attached].
20 * * *
21 Section 2. Sections 1103(a) and (d), 1111(b) and 1113(c) of
22 Title 75 are amended to read:
23 § 1103. Application for certificate of title.
24 (a) Contents of application.--Application for a certificate
25 of title shall be made upon a form prescribed and furnished by
26 the department and shall contain a full description of the
27 vehicle, the vehicle identification number, odometer reading,
28 date of purchase, the actual or bona fide name and address of
29 the owner, a statement of the title of applicant, together with
30 any other information or documents the department requires to
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1 identify the vehicle and to enable the department to determine
2 whether the owner is entitled to a certificate of title and the
3 [amount and] description of any security interests in the
4 vehicle.
5 * * *
6 (d) Vehicles purchased from dealers.--If the application
7 refers to a vehicle purchased from a dealer, the dealer shall
8 mail or deliver the application to the department within [ten]
9 seven days of the date of purchase. The application shall
10 contain the names and addresses of any lienholders in order of
11 priority, the amounts and the dates of the security agreements,
12 and be assigned by the dealer to the owner and signed by the
13 owner. Any dealer violating this subsection is guilty of a
14 summary offense and shall, upon conviction, be sentenced to pay
15 a fine of $50 for each violation. The requirement that the
16 dealer mail or deliver the application to the department does
17 not apply to vehicles purchased by fleet owners or governmental
18 or quasi-governmental agencies.
19 * * *
20 § 1111. Transfer of ownership of vehicle.
21 * * *
22 (b) Duty of transferee.--Except as otherwise provided in
23 section 1113 (relating to transfer to or from manufacturer or
24 dealer), the transferee shall, within [five] seven days of the
25 assignment or reassignment of the certificate of title, apply
26 for a new title by presenting to the department the properly
27 completed certificate of title, sworn to before a notary public
28 or other officer empowered to administer oaths, and accompanied
29 by such forms as the department may require.
30 * * *
19840H2233B3093 - 3 -
1 § 1113. Transfer to or from manufacturer or dealer.
2 * * *
3 (c) Transfer from manufacturer or dealer.--[The manufacturer
4 or dealer, upon transferring his interest in the vehicle, shall,
5 except] Except as otherwise provided in this section when the
6 transferee is another manufacturer or dealer[,]:
7 (1) The manufacturer or dealer, upon transferring their
8 interest in the vehicle, shall execute an assignment and
9 warranty of title to the transferee in the space provided on
10 the certificate or as the department prescribes.
11 (2) The transferee shall complete the application for
12 certificate of title in the name of the transferee.
13 (3) The manufacturer or dealer shall forward the
14 certificate of title and any other required forms shall be
15 forwarded by the dealer or manufacturer to the department
16 within [five] seven days of the transfer.
17 * * *
18 Section 3. Section 1117(a) and (b) of Title 75, amended
19 February 12, 1984 (P.L.26, No.11), are amended to read:
20 § 1117. Vehicle destroyed or junked.
21 (a) Application for certificate of junk.--Any owner who
22 transfers a vehicle as scrap, or to be destroyed or junked,
23 shall assign the certificate of title to the person to whom the
24 vehicle is transferred. The transferee shall [return]
25 immediately present the assigned certificate of title to the
26 department [immediately] or an authorized agent of the
27 department with an application for a certificate of junk upon a
28 form furnished and prescribed by the department. An insurer, as
29 defined in section 1702 (relating to definitions), to which
30 title to a vehicle is assigned upon payment to the insured of
19840H2233B3093 - 4 -
1 the replacement value of [the] a wrecked vehicle, shall be
2 regarded as a transferee under this subsection.
3 (b) Issuance and effect of certificate of junk.--Upon proper
4 application for a certificate of junk, the department, or such
5 agents as the department may designate, shall issue to the
6 transferee a certificate of junk which shall authorize the
7 holder to possess, transport, or by endorsement, transfer
8 ownership in the junked vehicle, and a certificate of title
9 shall not again be issued for the vehicle except upon
10 application containing the information the department requires,
11 accompanied by any necessary documents or articles.
12 * * *
13 Section 4. Section 1138 of Title 75 is amended to read:
14 § 1138. Duration of lien recorded on certificate of title.
15 (a) General rule.--A security interest recorded on a
16 certificate of title is effective for a period of [five years]
17 15 years in the case of a mobile home and six years in all other
18 cases dating from the time of perfection as provided for in this
19 subchapter.
20 (b) Renewal of lien.--The effectiveness of a lien recorded
21 on the certificate of title lapses on the expiration of the
22 periods specified in subsection (a) unless a continuation
23 statement is filed within the six months immediately preceding
24 expiration. The lien may be renewed for as many [one-year]
25 three-year periods as may be necessary by the holder of the
26 security interest upon a form furnished by the department,
27 signed by the secured party and accompanied by the fee provided
28 in this title.
29 (c) Corrected certificate when lien expires.--A corrected
30 certificate of title without a statement of liens or
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1 encumbrances shall be issued by the department, upon the request
2 of the owner, when the security interests recorded on the
3 certificate of title have expired.
4 Section 5. Section 1301 of Title 75, amended March 29, 1984
5 (P.L.155, No.30), is amended to read:
6 § 1301. [Driving unregistered vehicle prohibited]
7 Registration and certificate of title required.
8 (a) [General rule.--It is a summary offense for any person
9 to drive or for an owner knowingly to] Driving unregistered
10 vehicle prohibited.--No person shall drive or move and no owner
11 shall knowingly permit to be driven or moved upon any highway
12 any vehicle [of a type required to be registered under this
13 chapter] which is not registered [or for which the appropriate
14 fee has not been paid when and as required in this title] unless
15 the vehicle is exempt from registration.
16 (b) Proof of residency.--A person charged under this section
17 has the burden of proving that he is a nonresident whenever he
18 asserts a defense based on section 1303 (relating to vehicles of
19 nonresidents exempt from registration). If he produces at the
20 office of the issuing authority satisfactory proof that he is a
21 nonresident within five days after being charged with a
22 violation of this section, the issuing authority shall dismiss
23 the charge.
24 (c) Certificate of title prerequisite to registration.--No
25 vehicle shall be registered unless a certificate of title has
26 been applied for or issued if one is required by Chapter 11
27 (relating to certificate of title and security interests).
28 [(c)] (d) Penalty.--Any person violating the provisions of
29 subsection (a) is guilty of a summary offense and shall, upon
30 conviction, be sentenced to pay a fine of $75 or double the
19840H2233B3093 - 6 -
1 registration fee, whichever is greater, except when the vehicle
2 was duly registered within 60 days of the commission of the
3 offense whereupon the fine shall be $25. In the case of a [truck
4 or truck tractor] motor carrier vehicle other than a trailer,
5 the fine shall be double the registration fee for the maximum
6 weight at which the vehicle could have been registered in this
7 Commonwealth.
8 Section 6. Sections 1302 and 1303(e) of Title 75 are amended
9 to read:
10 § 1302. Vehicles exempt from registration.
11 [(a) General rule.--]The following types of vehicles are
12 exempt from registration:
13 (1) Any vehicle used in conformance with the provisions
14 of this chapter relating to dealers, persons registered under
15 any of the miscellaneous motor vehicle business classes or
16 nonresidents.
17 (2) Any implement of husbandry or trailer determined by
18 the department to be used exclusively for agricultural
19 operations and only incidentally operated upon highways.
20 Vehicles exempt from registration under this paragraph shall
21 be used exclusively upon a farm or farms owned or operated by
22 the owner of the vehicle or upon highways between:
23 (i) Parts of one such farm.
24 (ii) Such farms located not more than 25 miles
25 apart.
26 (iii) Such farm or farms and a place of business
27 located within a radius of 25 miles from the farm for the
28 purpose of buying or selling agricultural commodities or
29 supplies or for delivery, repair or servicing of the
30 vehicle.
19840H2233B3093 - 7 -
1 (3) Any self-propelled golf cart used for the
2 transportation of persons engaged in the game of golf while
3 crossing any public highway during any game of golf.
4 (4) Any vehicle moved by special permit as provided for
5 in sections 4965 (relating to single permits for multiple
6 highway crossings), 4966 (relating to permit for movement of
7 quarry equipment), and 4970(a) (relating to permit for
8 movement of construction equipment).
9 (5) Any vehicle registered and displaying plates issued
10 in a foreign country by the armed forces of the United States
11 for a period of 45 days from the date of the return of the
12 owner to the United States.
13 (6) Any vehicle owned by a resident legally required to
14 be registered in another state based and used principally
15 outside of this Commonwealth.
16 (7) Any vehicle moved solely by human or animal power.
17 (8) Any self-propelled invalid wheel chair or invalid
18 motorized pedalcycle.
19 (9) Any mobile home or modular housing unit.
20 (10) Any farm truck used exclusively upon a farm or
21 farms owned or operated by the owner of the vehicle.
22 (i) Such a farm truck may be driven upon highways
23 only from sunrise to sunset and between:
24 (A) Parts of one such farm.
25 (B) Such farms located not more than ten miles
26 apart.
27 (C) Such farm or farms and a place of business
28 located within a radius of ten miles from the farm or
29 farms for the purpose of buying or selling
30 agricultural commodities or supplies.
19840H2233B3093 - 8 -
1 (D) Such farm or farms and a place of business
2 located within a radius of 25 miles from such farm or
3 farms for the purpose of repair or servicing of the
4 farm truck.
5 (ii) A biennial certificate of exemption shall be
6 required for such a farm truck.
7 (11) Any trailer, including but not limited to non-self-
8 propelled special mobile equipment, to be used primarily for
9 off highway use and only operated incidentally upon the
10 highway.
11 (12) Any military vehicle used for training by a
12 private, nonprofit, tax exempt military educational
13 institution when such vehicle does not travel on public roads
14 in excess of one mile and the property on both sides of the
15 public road is owned by the institution.
16 (13) Any oversized or overweight vehicles exclusive of
17 load and only moved or operated under a permit issued
18 pursuant to section 4961(a) (relating to authority to issue
19 permits).
20 (14) Any vehicle used for golf course or resort
21 maintenance when such vehicle does not travel on public roads
22 in excess of one mile and the property on both sides of the
23 public road is owned by said golf course or resort.
24 (15) Any motor vehicle being towed.
25 (16) Any trailer registered in another state towed by a
26 motor vehicle registered in this Commonwealth provided:
27 (i) the owner has as many trailers registered in
28 this Commonwealth as combinations so registered; or
29 (ii) the towing vehicle is being operated under a
30 permanent lease to a person meeting the requirements of
19840H2233B3093 - 9 -
1 subparagraph (i).
2 [(b) Certificate of title required.--No vehicle shall be
3 registered unless a certificate of title has been obtained, if
4 one is required by Chapter 11 (relating to certificate of title
5 and security interests).]
6 § 1303. Vehicles of nonresidents exempt from registration.
7 * * *
8 [(e) Trailer as part of registered combination.--Any motor
9 vehicle registered as a combination in this Commonwealth may tow
10 a trailer registered in another state provided:
11 (1) the owner has as many trailers registered in this
12 Commonwealth as combinations so registered; or
13 (2) the towing vehicle is being operated under a
14 permanent lease to a person meeting the requirements of
15 paragraph (1).]
16 Section 7. Title 75 is amended by adding a section to read:
17 § 1307.1. Permanent fleet registration.
18 The department may establish a system for issuing permanent
19 registration cards and plates to the owner or lessee of a fleet
20 of vehicles and may promulgate rules and regulations to
21 implement the permanent registration system. The department may
22 authorize permanently registered vehicles to be exempt from such
23 requirements of this chapter as it deems necessary and may
24 charge, in addition to any other fees due for registration of
25 vehicles, a reasonable service fee for each fleet vehicle at the
26 time of initial application for permanent registration.
27 Section 8. Sections 1335(a) and 1337 of Title 75 are amended
28 to read:
29 § 1335. Registration plates for manufacturers and dealers.
30 (a) General rule.--The department shall issue to dealers and
19840H2233B3093 - 10 -
1 manufacturers licensed by the State Board of [Motor] Vehicle
2 Manufacturers, Dealers and [Salesmen of the Department of State]
3 Salespersons and other dealers governed by department
4 regulations special registration plates which may be displayed
5 on vehicles operating on highways in lieu of registering each
6 vehicle individually.
7 * * *
8 § 1337. Use of "Miscellaneous Motor Vehicle Business"
9 registration plates.
10 (a) General rule.--The department shall issue to owners of
11 miscellaneous motor vehicle businesses special registration
12 plates which may be displayed on vehicles operated on highways
13 in lieu of registering each vehicle individually. Registration
14 plates issued under this section may be used only [when the
15 vehicle is used for any of the following purposes] if the
16 vehicle is in the process of being:
17 [(1) In the conduct of the miscellaneous motor vehicle
18 business.
19 (2) For the personal pleasure or use of the owner of the
20 miscellaneous motor vehicle business or members of their
21 immediate family, or when the business is a corporation, for
22 the pleasure or use of not more than three officers or
23 members of their immediate families, or for the personal use
24 of the regular employees of the business when operated by the
25 employee.]
26 (1) Repaired or serviced.
27 (2) Remodeled, taken apart or rebuilt after it has been
28 wrecked or abandoned.
29 (3) Transported on its own wheels by a transporter, as
30 defined in this section.
19840H2233B3093 - 11 -
1 (4) Repossessed.
2 (b) Application for registration.--Application for
3 registration in any of the "Miscellaneous Motor Vehicle
4 Business" classes shall be made upon a form provided by the
5 department and shall set forth the full name and business
6 address of the applicant and such other information as the
7 department shall require. The application shall be verified by
8 the oath or affirmation of the applicant or, if the applicant is
9 a partnership or a corporation, by a partner or officer.
10 (c) Classes of "Miscellaneous Motor Vehicle Business".--
11 (1) Repair[, service and towing] or service.--Any person
12 engaged in the repair[, service or towing] or service of
13 motor vehicles.
14 (2) Vehicle salvage dealer.--Any person who maintains an
15 established place of business and who is engaged in the
16 business of buying, selling or exchanging used, wrecked or
17 abandoned vehicles and junkers for the purpose of remodeling,
18 taking apart, or rebuilding the same, or buying or selling of
19 parts.
20 (3) Transporter.--A person regularly engaged in the
21 business of transporting new or used vehicles [or new and
22 used trailers] on their own wheels, owned by or in possession
23 of a registered dealer.
24 (4) [Financier] Financer or collector-repossessor.--A
25 person who is [duly] authorized by the Department of Banking
26 to do business in this Commonwealth as a [financier] financer
27 or collector-repossessor and who is regularly engaged in the
28 business of financing sales, making loans on the security of
29 vehicles or repossessing vehicles which are the subject of
30 installment sales contracts as an independent contractor.
19840H2233B3093 - 12 -
1 Section 9. Section 1501 of Title 75 is amended by adding a
2 subsection to read:
3 § 1501. Drivers required to be licensed.
4 * * *
5 (e) Limitation.--No prosecution shall be brought under this
6 section for a violation of section 1504(a) (relating to classes
7 of licenses).
8 Section 10. Sections 1510(a), 1514(b), 1517 and 1519 of
9 Title 75 are amended to read:
10 § 1510. Issuance and content of driver's license.
11 (a) General rule.--The department shall, upon payment of the
12 required fee, issue to every qualified applicant a driver's
13 license indicating the type or general class of vehicles the
14 licensee is authorized to drive, which license [shall] may
15 contain the social security number of the licensee, the actual
16 name, date of birth, residence address, a color photograph of
17 the licensee, such other information as may be required by the
18 department, and either a facsimile of the signature of the
19 licensee or a space upon which the licensee shall write his
20 usual signature with pen and ink. Personal medical data and
21 other information for use in an emergency may be included as a
22 part of the license. Information other than that required to
23 identify the licensee, the distinguishing number and the class
24 of license issued may be included in microdata form. No driver's
25 license shall be valid until it has been signed by the licensee.
26 * * *
27 § 1514. Expiration and renewal of drivers' licenses.
28 * * *
29 (b) Examination of applicants for renewal.--[The] Prior to
30 renewing a driver's license, the department may require [persons
19840H2233B3093 - 13 -
1 applying for renewal of a driver's license] the driver to take
2 and successfully pass [a physical examination or a vision
3 examination by an optometrist or ophthalmologist, or both
4 examinations, if the department has reason to believe, either
5 based on knowledge of the person or on statistical inference,
6 that the person may be a traffic safety hazard. The department
7 may require the applicant to take and successfully pass such
8 additional tests as the department may find reasonably necessary
9 to determine the applicant's qualification according to the type
10 or general class of license applied for and such examination may
11 include any or all of the other tests required or authorized
12 upon original application by section 1508 (relating to
13 examination of applicant for driver's license). Upon refusal or
14 neglect of the person to submit to the examination, the] one or
15 more of the examinations authorized under this subchapter. The
16 driver's license shall not be renewed until such time as the
17 [examination is] examinations are successfully completed.
18 * * *
19 § 1517. Medical Advisory Board.
20 (a) Membership.--There shall be a Medical Advisory Board
21 consisting of 13 members appointed by the secretary. The board
22 shall be composed of an authorized representative from the
23 Department of Transportation, Department of Justice, Governor's
24 Council on Drug and Alcohol Abuse, Department of Health,
25 Pennsylvania State Police and professionals as follows: One
26 neurologist, one doctor of cardiovascular disease, one doctor of
27 internal medicine, one general practitioner, one
28 ophthalmologist, one psychiatrist, one orthopedic surgeon and
29 one optometrist.
30 (b) [Formulation of regulations] Duties.--The board shall
19840H2233B3093 - 14 -
1 [formulate rules and regulations for adoption by the department
2 on] advise the department and review regulations proposed by the
3 department concerning physical and mental criteria including
4 vision standards relating to the licensing of drivers under the
5 provisions of this chapter.
6 § 1519. Determination of incompetency.
7 (a) General rule.--The department, having cause to believe
8 that a licensed driver or applicant may not be physically or
9 mentally qualified to be licensed, may [obtain the advice of a
10 physician who shall cause an examination to be made or who shall
11 designate any other qualified physician. The licensed driver or
12 applicant may cause a written report to be forwarded to the
13 department by a physician of the driver's or applicant's choice.
14 Vision qualifications shall be determined by an optometrist or
15 ophthalmologist. The department shall appoint one or more
16 qualified persons who shall consider all medical reports and
17 testimony and determine the competency of the driver or the
18 applicant to drive] require the applicant or driver to undergo
19 one or more of the examinations authorized under this subchapter
20 in order to determine the competency of the driver or applicant
21 to drive.
22 (b) Confidentiality of reports and evidence.--Reports
23 received by the department for the purpose of assisting the
24 department in determining whether a person is qualified to be
25 licensed and reports of examinations authorized under this
26 subchapter are for the confidential use of the department and
27 may not be divulged to any person or used as evidence in any
28 trial except that the reports [may], statistics and evaluations
29 used by the department in determining whether a person should be
30 required to be examined under this subchapter shall be admitted
19840H2233B3093 - 15 -
1 in proceedings under [subsection (c) and any physician or
2 optometrist conducting an examination pursuant to subsection (a)
3 may be compelled to testify concerning observations and findings
4 in such proceedings. The party calling the physician or
5 optometrist as an expert witness shall be obliged to pay the
6 reasonable fee for such testimony] section 1550 (relating to
7 judicial review).
8 (c) Recall or suspension of operating privilege.--The
9 department shall recall the operating privilege of any person
10 whose incompetency has been established under the provisions of
11 this chapter. The recall shall be for an indefinite period until
12 satisfactory evidence is presented to the department in
13 accordance with regulations to establish that such person is
14 competent to drive a motor vehicle. [Any person aggrieved by
15 recall of the operating privilege may appeal in the manner
16 provided in section 1550 (relating to judicial review).] The
17 department shall suspend the operating privilege of any person
18 who refuses or fails to comply with the requirements of this
19 section until such time as the person does comply and the
20 person's competency to drive is established.
21 Section 11. Sections 1532 and 1533 of Title 75 are amended
22 to read:
23 § 1532. [Revocation or suspension] Suspension or revocation
24 of operating privilege.
25 (a) [Revocation] One-year suspension.--The department shall
26 [revoke] suspend the operating privilege of any driver for one
27 year upon receiving a certified record of the driver's
28 conviction of any of the following [offenses]:
29 (1) Any felony in the commission of which a court
30 determines that a motor vehicle was essentially involved.
19840H2233B3093 - 16 -
1 (2) Any violation of section 3735 (relating to homicide
2 by vehicle while driving under influence).
3 (3) Any violation of the following provisions:
4 Section 3732 (relating to homicide by vehicle).
5 Section 3742 (relating to accidents involving death
6 or personal injury).
7 Section 7102(b) (relating to removal or falsification
8 of identification number).
9 Section 7103(b) (relating to dealing in vehicles with
10 removed or falsified numbers).
11 Section 7111 (relating to dealing in titles and
12 plates for stolen vehicles).
13 Section 7121 (relating to false application for
14 certificate of title or registration).
15 Section 7122 (relating to altered, forged or
16 counterfeit documents and plates).
17 (b) [Suspension] Six-month suspension.--
18 (1) The department shall suspend the operating privilege
19 of any driver for six months upon receiving a certified
20 record of the driver's conviction of any [offense under] of
21 the following [provisions]:
22 Section 1573 (relating to driving under foreign
23 license during suspension or revocation).
24 Section 3367 (relating to racing on highways).
25 Section 3733 (relating to fleeing or attempting to
26 elude police officer).
27 Section 3734 (relating to driving without lights to
28 avoid identification or arrest).
29 Section 3743 (relating to accidents involving damage
30 to attended vehicle or property).
19840H2233B3093 - 17 -
1 Any misdemeanor in the commission of which a court
2 determines that a motor vehicle was essentially involved,
3 except that no person shall be suspended for violating a
4 regulation of the Hazardous Substances Transportation
5 Board unless the board recommends the suspension.
6 (2) The department shall suspend the operating privilege
7 of any driver for six months upon receiving a certified
8 record of the driver's conviction of a subsequent offense
9 under [the following provisions:
10 Section] section 1501(a) (relating to drivers
11 required to be licensed).
12 [Section 1543 (relating to driving while operating
13 privilege is suspended or revoked).]
14 (3) The department shall suspend the operating privilege
15 of any driver for 12 months upon receiving a certified record
16 of the driver's conviction of section 3731 (relating to
17 driving under influence of alcohol or controlled substance)
18 or an adjudication of delinquency based on section 3731.
19 [(4) This subsection does not effect an additional
20 period of revocation of the operating privileges of a driver
21 who receives an additional period of revocation for a second
22 or subsequent violation of section 1543.]
23 (c) Order of court.--The department shall suspend or revoke
24 the operating privilege of any person upon order of any court of
25 record.
26 § 1533. Suspension of operating privilege for failure to
27 respond to citation.
28 (a) Violations within Commonwealth.--The department shall
29 suspend the operating privilege of any person who has failed to
30 respond to a citation or summons to appear before a court of
19840H2233B3093 - 18 -
1 competent jurisdiction of this Commonwealth [or of any state]
2 for any violation of this title, other than parking, or who has
3 failed to pay any fine or costs imposed by that court for any
4 violation of this title, upon being duly notified [in accordance
5 with general rules. There shall be] by a court of this
6 Commonwealth.
7 (b) Violations outside Commonwealth.--The department shall
8 suspend the operating privilege of any person who has failed to
9 respond to a citation, summons or similar writ to appear before
10 a court of competent jurisdiction of any state or of the United
11 States which has entered into an enforcement agreement with the
12 department as authorized by section 6146 (relating to
13 enforcement agreements) for any violation of the motor vehicle
14 laws of that state, other than parking, or who has failed to pay
15 any fine or costs imposed by that court, upon being duly
16 notified in accordance with the laws of the jurisdiction in
17 which the violation occurred.
18 (c) Responding to notice.--Before the operating privilege of
19 any person is suspended under this section, the person shall
20 have 15 days to respond to [such] the court's notification
21 [before suspension is imposed].
22 (d) Period of suspension.--The suspension shall [be for an
23 indefinite period] continue until such person shall respond to
24 the citation, summons or writ, as the case may be, and pay [any]
25 all fines and penalties imposed[. Such] or enter into an
26 agreement to make installment payments for the fines and
27 penalties imposed provided that the suspension may be reimposed
28 by the department if the defendant fails to make regular
29 installment payments.
30 (e) Remedy cumulative.--A suspension under this section
19840H2233B3093 - 19 -
1 shall be in addition to the requirement of withholding renewal
2 or reinstatement of a violator's driver's license as prescribed
3 in section [1503(c)] 1503(a) (relating to persons ineligible for
4 licensing).
5 Section 12. Section 1535 of Title 75, amended March 29, 1984
6 (P.L.155, No.30), is amended to read:
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 1504 Driving without proper
17 class of license. 2
18 1512 Violation of restriction on
19 driver's license. 2
20 1571 [Violations] Violations
21 concerning [licenses] license. 3
22 3102 Failure to obey policeman or
23 authorized person. 2
24 3111(a) Disobedience to
25 traffic-control device. 3
26 3112(a)(3)(i)
27 or (ii) Failure to stop for a red light. 3
28 3114(a)(1) Failure to stop for a flashing
19840H2233B3093 - 20 -
1 red light. 3
2 3302 Failure to yield half of roadway
3 to oncoming vehicle. 3
4 3303 Improper passing. 3
5 3304 Other improper passing. 3
6 3305 Other improper passing. 3
7 3306(a)(1) Other improper passing. 4
8 3306(a)(2) Other improper passing. 3
9 3306(a)(3) Other improper passing. 3
10 3307 Other improper passing. 3
11 3310 Following too closely. 3
12 3321 Failure to yield to driver on the
13 right at intersection. 3
14 3322 Failure to yield to oncoming
15 driver when making left turn. 3
16 3323(b) Failure to stop for stop [signs]
17 sign. 3
18 3323(c) Failure to yield at
19 yield sign. 3
20 3324 Failure to yield when entering or
21 crossing roadway between inter-
22 sections. 3
23 3332 Improper turning around. 3
24 3341 Failure to stop for flashing red
25 lights or gate at railroad
26 crossing. 3
27 3344 Failure to stop when entering from
28 alley, driveway or building. 3
29 3345(a) Failure to stop for school bus
30 with flashing red lights. 5
19840H2233B3093 - 21 -
1 (and 60 days suspension)
2 3361 Driving too fast for conditions. 2
3 3362 Exceeding maximum speed.--Over Limit:
4 6-10 2
5 11-15 3
6 16-25 4
7 26-30 5
8 31-over 5
9 (and departmental hearing
10 and sanctions provided
11 under section 1538(d))
12 3365(b) Exceeding special speed limit
13 in school [zones] zone. 3
14 3365(c) Exceeding special speed limit
15 for trucks on [downgrades]
16 downgrade. 3
17 3542(a) Failure to yield to [pedestrians]
18 pedestrian in crosswalk. 2
19 3547 Failure to yield to pedestrian on
20 sidewalk. 3
21 3549(a) Failure to yield to blind
22 pedestrian. 3
23 3702 Improper backing. 3
24 3714 Reckless driving. 3
25 3745 Leaving scene of accident
26 involving property damage only. 4
27 (b) Multiple offenses from same act.--If a driver is
28 convicted of two or more offenses as a result of the same act,
29 points shall be assessed only for the offense for which the
30 greatest number of points may be assessed.
19840H2233B3093 - 22 -
1 (c) No points after six months.--The department shall assign
2 points to the record of any person within six months from the
3 date of receipt by the department of notice of a conviction. Any
4 points assigned after such six-month period shall be null and
5 void.
6 (d) Exception.--This section does not apply to a person who
7 was operating a pedalcycle or an animal drawn vehicle.
8 Section 13. Sections 1537, 1538(c), 1539(c) and (d), 1540
9 and 1541 of Title 75 are amended to read:
10 § 1537. Removal of points.
11 (a) General rule.--Points recorded against any person shall
12 be removed at the rate of three points for each 12 consecutive
13 months in which such person has not committed any violation
14 which results in the assignment of points or in suspension or
15 revocation under this [chapter. Removal of points is governed by
16 the date of violation] subchapter.
17 (b) Subsequent accumulation of points.--When a driver's
18 record is reduced to zero points and is maintained at zero
19 points for 12 consecutive months, any accumulation of points
20 thereafter shall be regarded as an initial accumulation of
21 points.
22 § 1538. School, examination or hearing on accumulation of
23 points or excessive speeding.
24 * * *
25 (c) Subsequent accumulations of six points.--When any
26 person's record has been reduced below six points and for the
27 third or subsequent time shows as many as six points, the
28 department shall require the driver to attend a departmental
29 hearing to determine whether the person's operating privilege
30 should be suspended for a period not to exceed 30 days. Upon
19840H2233B3093 - 23 -
1 completion of the suspension, two points shall be removed from
2 the person's record. Failure to attend the hearing or to comply
3 with the requirements of the findings of the department shall
4 result in the suspension of the operating privilege until the
5 person has complied.
6 * * *
7 § 1539. Suspension of operating privilege on accumulation of
8 points.
9 * * *
10 (c) [Determination of subsequent suspensions.--Every
11 suspension and revocation under any provision of this subchapter
12 shall be counted in determining whether a suspension is a
13 second, third or subsequent suspension. Acceptance of
14 Accelerative Rehabilitative Disposition for an offense
15 enumerated in section 1532 (relating to revocation or suspension
16 of operating privilege) shall be considered a suspension in
17 making such determination.
18 (d)] Section not exclusive.--Suspension under this section
19 is in addition to any suspension mandated under section 1535
20 (relating to schedule of convictions and points).
21 § 1540. Surrender of license.
22 (a) [Conviction of offense] Surrender to court.--Upon a
23 conviction by a court of record for any offense which calls for
24 mandatory [revocation] suspension in accordance with section
25 1532 (relating to [revocation or] suspension or revocation of
26 operating privilege), the court or the district attorney shall
27 require the surrender of any driver's license then held by the
28 defendant and shall forward the driver's license together with a
29 record of the conviction to the department. The suspension or
30 revocation shall be effective upon a date determined by the
19840H2233B3093 - 24 -
1 court or district attorney or upon the date of surrender of the
2 license to the court or district attorney, whichever occurs
3 first.
4 (b) Suspension or revocation of operating privilege.--Upon
5 the suspension or revocation of the operating privilege of any
6 person by the department, the department shall forthwith notify
7 the person in writing at the address of record to surrender
8 [his] their driver's license to the department for the term of
9 suspension or revocation. The suspension or revocation shall be
10 effective upon a date determined by the department or upon the
11 date of surrender of the license to the department, whichever
12 occurs first. Upon surrender of the license, the department
13 shall issue a receipt showing the date it received the license.
14 § 1541. Period of revocation or suspension of operating
15 privilege.
16 (a) Commencement of period.--[The period of revocation or
17 suspension of the operating privilege shall commence on the date
18 on which the driver's license was surrendered to and received by
19 the court or the department, as the case may be. The period of
20 revocation or suspension of a nonresident licensed driver or an
21 unlicensed driver shall commence on the date of conviction, or
22 in the case of a revocation or suspension without a conviction,
23 on a date determined by the department in accordance with its
24 regulations. The department may, upon request of the person
25 whose license is suspended, delay the commencement of the period
26 of suspension for a period not exceeding six months whenever the
27 department determines that failure to grant the extension will
28 result in hardship to the person whose license has been
29 suspended.] The period of revocation or suspension of the
30 operating privilege shall commence as provided in section 1540
19840H2233B3093 - 25 -
1 (relating to surrender of license) but no credit toward the
2 revocation or suspension shall be earned until the driver's
3 license is surrendered to the department, the court or the
4 district attorney, as the case may be. A nonresident licensed
5 driver or an unlicensed driver shall submit an acknowledgment of
6 suspension to the department in lieu of a driver's license. The
7 department may, upon request of the person whose license is
8 suspended, delay the commencement of the period of suspension
9 for a period not exceeding six months whenever the department
10 determines that failure to grant the extension will result in
11 severe hardship to the person whose license has been suspended.
12 The department may promulgate additional regulations concerning
13 the surrender of licenses.
14 (b) Eligibility for restoration of operating privilege.--Any
15 person whose operating privilege has been revoked or suspended
16 shall not be eligible for the restoration of the operating
17 privilege until the expiration of the period of revocation or
18 suspension.
19 (c) Restoration of revoked operating privilege.--Any person
20 whose operating privilege has been revoked pursuant to section
21 1542 (relating to revocation of habitual offender's license) or
22 1543 (relating to driving while operating privilege is suspended
23 or revoked) is not entitled to automatic restoration of the
24 operating privilege. Such person may apply for a [license]
25 learner's permit, if permitted under the provisions of this
26 chapter [and shall be issued a learner's permit under section
27 1505 (relating to learners' permits)], upon expiration of the
28 revocation.
29 Section 14. Sections 1542(b), 1543, 1544(a), 1545, 1550 and
30 1551 of Title 75 are amended to read:
19840H2233B3093 - 26 -
1 § 1542. Revocation of habitual offender's license.
2 * * *
3 (b) Offenses enumerated.--Three convictions arising from
4 separate and distinct acts of any one or more of the following
5 offenses committed [either singularly or in combination] by any
6 person shall result in such person being designated as a
7 habitual offender:
8 (1) Any offense set forth in section 1532(a) or (b)
9 (relating to [revocation or] suspension or revocation of
10 operating privilege).
11 (2) Operation following suspension of registration as
12 defined in section 1371 (relating to operation following
13 suspension of registration).
14 (3) [Making use of or operating any vehicle without the
15 knowledge or consent of the owner or custodian thereof.
16 (4) Utilizing a vehicle in the unlawful transportation
17 or unlawful sale of alcohol or any controlled substance.
18 (5) Any felony in the commission of which a court
19 determines that a vehicle was essentially involved.] Driving
20 under suspension or revocation as defined in section 1543
21 (relating to driving while operating privilege is suspended
22 or revoked.)
23 * * *
24 § 1543. Driving while operating privilege is suspended or
25 revoked.
26 (a) Offense defined.--Except as provided in subsection (b),
27 any person who drives a motor vehicle on any highway or
28 trafficway of this Commonwealth [at a time when their operating
29 privilege is suspended, revoked or recalled] after the
30 commencement of a suspension, revocation or cancellation of the
19840H2233B3093 - 27 -
1 operating privilege and before the operating privilege has been
2 restored is guilty of a summary offense and shall, upon
3 conviction, be sentenced to pay a fine of $200.
4 (b) Certain offenses.--Any person who drives a motor vehicle
5 on any highway or trafficway of this Commonwealth at a time when
6 their operating privilege is suspended or revoked as a condition
7 of acceptance of Accelerated Rehabilitative Disposition for a
8 violation of section 3731 (relating to driving under influence
9 of alcohol or controlled substance) or because of a violation of
10 section 1547(b)(1) (relating to suspension for refusal) or 3731
11 shall, upon conviction, be guilty of a summary offense and shall
12 be sentenced to pay a fine of $1,000 and to undergo imprisonment
13 for a period of not less than 90 days.
14 (c) [Extending existing suspension or revocation.--The
15 department, upon receiving a certified record of the conviction
16 of any person under this section upon a charge of driving a
17 vehicle while the operating privilege was suspended, shall
18 revoke such privilege for an additional period of six months. If
19 the conviction was upon a charge of driving while the operating
20 privilege was revoked, the department shall revoke the operating
21 privilege for an additional period of one year.] Suspension or
22 revocation of operating privilege.--Upon receiving a certified
23 record of the conviction of any person under this section, the
24 department shall suspend or revoke that person's operating
25 privilege as follows:
26 (1) If the department's records show that the person was
27 under suspension, recall or cancellation on the date of
28 violation, the department shall suspend the person's
29 operating privilege for an additional one-year period.
30 (2) If the department's records show that the person was
19840H2233B3093 - 28 -
1 under revocation on the date of violation, the department
2 shall revoke the person's operating privilege for an
3 additional two-year period.
4 § 1544. Additional period of [revocation or] suspension.
5 (a) Additional point accumulation.--When any person's record
6 shows an accumulation of additional points during a period of
7 suspension [or revocation] pursuant to section 1539 (relating to
8 suspension of operating privilege on accumulation of points),
9 the department shall extend the existing period of suspension or
10 revocation at the rate of five days for each additional point
11 and the person shall be so notified in writing.
12 * * *
13 § 1545. Restoration of operating privilege.
14 Upon the restoration of any person's operating privilege
15 which has been suspended [or revoked pursuant to this
16 subchapter,] pursuant to section 1539 (relating to suspension of
17 operating privilege on accumulation of points), such person's
18 record shall show five points, except that any additional points
19 [assessed against the person] assigned to the person's record
20 since the date of the last violation resulting in the suspension
21 or revocation shall be added to such five points unless the
22 person has served an additional period of suspension or
23 revocation pursuant to section 1544(a) (relating to additional
24 period of [revocation or] suspension). [This section shall not
25 apply to section 1533 (relating to suspension of operating
26 privilege for failure to respond to citation).]
27 § 1550. Judicial review.
28 (a) General rule.--Any person who has been denied a driver's
29 license, whose driver's license has been canceled or whose
30 operating privilege has been recalled, [canceled,] suspended or
19840H2233B3093 - 29 -
1 revoked by the department shall have the right to appeal to the
2 court vested with original jurisdiction of such appeals by or
3 pursuant to Title 42 (relating to judiciary and judicial
4 procedure). The appellant shall serve a copy of the petition for
5 appeal, together with a copy of the notice of the action from
6 which the appeal has been taken, upon the department's legal
7 office. Service may be made by first class mail.
8 (b) Supersedeas.--[The filing] Filing and service of [the] a
9 petition for appeal from a suspension or revocation shall
10 operate as a supersedeas [and no recall, suspension,
11 cancellation or revocation shall be imposed against such person]
12 until final determination of the matter by the court vested with
13 original jurisdiction of such appeals, except that filing and
14 service of a petition for appeal from denial or cancellation of
15 a driver's license under section 1503 (relating to persons
16 ineligible for licensing), 1504 (relating to classes of
17 licenses) or 1572 (relating to cancellation of driver's license)
18 shall not act as a supersedeas unless ordered by the court after
19 a hearing attended by the petitioner. Further review by another
20 court shall not operate as a supersedeas unless the court of
21 original or subsequent jurisdiction determines otherwise.
22 (c) Proceedings of court.--The court shall set the matter
23 for hearing upon [30] 60 days written notice to the department
24 and determine whether the [petitioner is in fact the person
25 whose] petitioner's driver's license should be denied or
26 canceled, the petitioner's operating privilege [is subject to
27 the recall, suspension, cancellation or revocation] should be
28 suspended, revoked or recalled or the petitioner's endorsement
29 should be removed.
30 § 1551. Notice of department action.
19840H2233B3093 - 30 -
1 The department shall promptly [notify] mail a notice to each
2 person whose license or permit is suspended as a result of the
3 accumulation of points. [The notification that the license or
4 permit is suspended shall be made] The notice shall be mailed to
5 the address of record within six months [following] of receipt
6 by the department of notice of the [conviction] final
7 disposition of a violation of this title that resulted in the
8 addition of sufficient points to cause the suspension. Failure
9 of the department to [give prompt] mail a notice of suspension
10 as required by this section shall prohibit the department from
11 suspending the license or permit of such person.
12 Section 15. Sections 1571, 1573 and 1575 of Title 75 are
13 amended to read:
14 § 1571. Violations concerning licenses.
15 (a) Offenses defined.--It is unlawful for any person:
16 (1) To exhibit or cause or permit to be exhibited or
17 have in possession any recalled, canceled, suspended,
18 revoked[, fictitious] or [fraudulently] materially altered
19 driver's license.
20 (2) To give, sell or lend a driver's license to any
21 other person or permit the use thereof by another.
22 (3) To purchase, exhibit or represent as one's own any
23 driver's license not issued to the person.
24 (4) To fail or refuse to surrender to the department or
25 to a police officer upon lawful demand a recalled, canceled,
26 suspended, revoked[, fictitious] or [fraudulently] materially
27 altered driver's license.
28 (5) To use a false or fictitious name or give a false or
29 fictitious address in any application or form required under
30 the provisions of this chapter or make a false statement,
19840H2233B3093 - 31 -
1 conceal a material fact or otherwise commit a fraud in any
2 such application.
3 (6) To possess, sell or attempt to sell any counterfeit
4 driver's license or to fail or refuse to surrender to the
5 department upon lawful demand a counterfeit license.
6 (b) Penalty.--
7 (1) Any person violating any of the provisions of [this
8 section] subsection (a)(1), (2), (3) or (4) is guilty of a
9 summary offense and shall, upon conviction, be sentenced to
10 pay a fine of [$100] $200 for a first offense.
11 (2) Any person violating any of the provisions of
12 subsection (a)(5) is guilty of a summary offense and shall,
13 upon conviction, be sentenced to pay a fine of $300 for a
14 first offense.
15 (3) Any person violating the provisions of subsection
16 (a)(6) is guilty of a misdemeanor of the second degree.
17 § 1573. Driving under foreign license during suspension or
18 revocation.
19 (a) General rule.--Any resident or nonresident whose
20 operating privilege to drive a motor vehicle in this
21 Commonwealth has been recalled, canceled, suspended or revoked
22 as provided in this title shall not drive a motor vehicle in
23 this Commonwealth under a license or permit issued by any other
24 jurisdiction or otherwise during the suspension or after the
25 recall, cancellation or revocation until a new driver's license
26 is obtained when and as permitted under this chapter.
27 (b) Penalty.--Any person violating this section is guilty of
28 a summary offense and shall, upon conviction, be sentenced to
29 pay a fine of $200 for a first offense.
30 § 1575. Permitting violation of title.
19840H2233B3093 - 32 -
1 (a) General rule.--No person shall authorize or knowingly
2 permit a motor vehicle owned by him or under his control to be
3 driven in violation of any of the provisions of this title.
4 (b) Penalty.--Any person violating the provisions of
5 subsection (a) is guilty of [the same] a summary offense [as the
6 driver of such vehicle] and is subject to the same [penalties
7 including any suspension or revocation of the operating
8 privilege or the assessment of points] fine as the driver of the
9 vehicle. If the driver is convicted under section 3731 (relating
10 to driving under influence of alcohol or controlled substance),
11 the person violating subsection (a) shall also be subject to
12 suspension under sections 1532 (relating to suspension or
13 revocation of operating privilege) and 1542 (relating to
14 revocation of habitual offender's license).
15 Section 16. Sections 1952 and 1953 of Title 75 are amended
16 to read:
17 § 1952. Certificate of title.
18 (a) General rule.--The fee for issuance of a certificate of
19 title or a duplicate certificate of title shall be $15.
20 (b) [Duplicate certificate.--The fee for a duplicate
21 certificate of title shall be $5.
22 (c)] Manufacturer's or dealer's notification.--The fee for a
23 manufacturer's or dealer's notification of acquisition of a
24 vehicle from another manufacturer or dealer for resale pursuant
25 to section 1113 (relating to transfer to or from manufacturer or
26 dealer) shall be $2.
27 § 1953. Security interest.
28 The fee for recording [or], changing [the amount of] or
29 renewing a security interest on a certificate of title shall be
30 [$5.] $15. This fee shall not apply to any transaction in which
19840H2233B3093 - 33 -
1 the fee prescribed in section 1952(a) (relating to certificate
2 of title) is due.
3 Section 17. Sections 6501, 6502, 6503 and 7122 of Title 75
4 are amended to read:
5 § 6501. Definition of conviction.
6 (a) General rule.--For the purposes of this title a
7 conviction includes a plea of guilty, a plea of nolo contendere,
8 a finding of guilty or an adjudication of delinquency by a court
9 or an unvacated forfeiture of bail or collateral deposited to
10 secure a defendant's appearance in court.
11 (b) Payment of fine as guilty plea.--A payment by any person
12 charged with a violation of this title of the fine prescribed
13 for the violation is a plea of guilty.
14 § 6502. Summary offenses.
15 (a) [Designation] Violations of this title.--It is a summary
16 offense for any person to violate any of the provisions of this
17 title unless the violation is by this title or other statute of
18 this Commonwealth declared to be a misdemeanor or felony.
19 [(b) Penalty.--]Every person convicted of a summary offense
20 for a violation of any of the provisions of this title for which
21 another penalty is not provided shall be sentenced to pay a fine
22 of $25.
23 (b) Violations of regulations.--It is a summary offense for
24 any person to violate any provisions of any regulation
25 promulgated under the authority of this title. Every person
26 convicted of violating any provision of a regulation promulgated
27 under the authority of this title shall pay the fine established
28 in this title or in the regulation:
29 (1) A fine established in a regulation shall not exceed
30 the fine, if any, specified in the section of this title on
19840H2233B3093 - 34 -
1 which the regulation is based, or $300, whichever is greater.
2 (2) If no fine is specified in the regulation or in this
3 title, the fine shall be $25.
4 (c) Title 18 inapplicable.--Title 18 (relating to crimes and
5 offenses), insofar as it relates to fines and imprisonment for
6 convictions of summary offenses, is not applicable to this
7 title.
8 § 6503. Subsequent convictions of certain offenses.
9 Every person convicted of a second or subsequent violation of
10 any of the following provisions shall be sentenced to pay a fine
11 of not less than $200 nor more than $1,000 or to imprisonment
12 for not more than one year, or both:
13 Section 1501(a) (relating to drivers required to be
14 licensed).
15 Section 1543 (relating to driving while operating
16 privilege is suspended or revoked).
17 Section 1571(a)(1) through (5) (relating to violations
18 concerning licenses).
19 Section 1573 (relating to driving under foreign license
20 during suspension or revocation).
21 Section 3367 (relating to racing on highways).
22 Section 3733 (relating to fleeing or attempting to elude
23 police officer).
24 Section 3734 (relating to driving without lights to avoid
25 identification or arrest).
26 Section 3748 (relating to false reports).
27 § 7122. Altered, forged or counterfeit documents and plates.
28 A person is guilty of a misdemeanor of the first degree if
29 the person, with fraudulent intent:
30 (1) alters, forges or counterfeits a certificate of
19840H2233B3093 - 35 -
1 title, registration card or plate, inspection certificate or
2 proof of insurance;
3 (2) alters or forges an assignment of a certificate of
4 title, or an assignment or release of a security interest on
5 a certificate of title or any other document issued or
6 prepared for issue by the department; or
7 (3) has possession of, sells or attempts to sell, uses
8 or displays a certificate of title, registration card or
9 plate, [driver's license,] inspection certificate, proof of
10 insurance or any other document issued by the department,
11 knowing it to have been altered, forged or counterfeited.
12 Section 18. This act shall take effect in 60 days.
D26L75RZ/19840H2233B3093 - 36 -