PRIOR PRINTER'S NOS. 541, 923 PRINTER'S NO. 1953
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 RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 5, 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. Section 1535(a) SECTIONS 1376, 1535(A) AND <--
9 1540(C) of Title 75 of the Pennsylvania Consolidated Statutes is <--
10 ARE amended to read: <--
11 § 1376. SURRENDER OF REGISTRATION PLATES AND CARDS UPON <--
12 SUSPENSION.
13 (A) GENERAL RULE.--THE DEPARTMENT, UPON SUSPENDING ANY
14 REGISTRATION, SHALL REQUIRE THE REGISTRATION PLATE OR PLATES AND
15 REGISTRATION CARD OR CARDS TO BE SURRENDERED IMMEDIATELY TO THE
16 DEPARTMENT [AND].
1 (B) DELEGATION OF AUTHORITY.--IF WITHIN 35 DAYS THE
2 REGISTRATION PLATES AND CARDS ARE NOT SURRENDERED UNDER
3 SUBSECTION (A), THE DEPARTMENT MAY DELEGATE AUTHORITY TO [ANY
4 AUTHORIZED DEPARTMENT EMPLOYEE, MEMBER OF THE PENNSYLVANIA STATE
5 POLICE OR LOCAL POLICE OFFICER TO SEIZE THE REGISTRATION PLATE
6 OR PLATES AND REGISTRATION CARD OR CARDS.] THE FOLLOWING PERSONS
7 TO SEIZE A REGISTRATION PLATE AND REGISTRATION CARD WHICH ARE
8 REQUIRED TO BE SURRENDERED UNDER SUBSECTION (A):
9 (1) A DESIGNATED DEPARTMENT EMPLOYEE.
10 (2) MEMBERS OF THE PENNSYLVANIA STATE POLICE.
11 (3) LOCAL POLICE OFFICERS.
12 (4) SHERIFFS OR DEPUTY SHERIFFS.
13 (5) CONSTABLES OR DEPUTY CONSTABLES. IF CONSTABLES AND
14 DEPUTY CONSTABLES ARE DELEGATED AUTHORITY TO SEIZE
15 REGISTRATION PLATES AND REGISTRATION CARDS UNDER THIS
16 SECTION, THEY SHALL BE COMPENSATED BY THE DEPARTMENT AT THE
17 RATE OF $15 FOR EACH REGISTRATION PLATE AND CARD JOINTLY
18 SEIZED, PLUS MILEAGE. THE DEPARTMENT SHALL PAY A CONSTABLE OR
19 DEPUTY CONSTABLE WITHIN 30 DAYS AFTER A DOCUMENTED REQUEST
20 FOR PAYMENT IS SUBMITTED TO IT.
21 (C) REGULATIONS.--THE DEPARTMENT SHALL, BY REGULATION,
22 PRESCRIBE THE MANNER OF SELECTING [THE EMPLOYEES AND STATE AND
23 LOCAL POLICE OFFICERS] THOSE ENFORCEMENT OFFICIALS WHO ARE
24 DELEGATED AUTHORITY UNDER THIS SECTION TO SEIZE THE REGISTRATION
25 PLATES AND REGISTRATION CARDS.
26 [(B)] (D) PENALTY.--ANY PERSON FAILING OR REFUSING TO
27 SURRENDER TO THE DEPARTMENT OR ITS AUTHORIZED DELEGATE, UPON
28 DEMAND, ANY REGISTRATION PLATE OR CARD WHICH HAS BEEN SUSPENDED
29 IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
30 SENTENCED TO PAY A FINE OF [$100] $300, PLUS COSTS. COST SHALL
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1 INCLUDE A REASONABLE FEE FOR OFFICIAL SEIZURE OF THE
2 UNSURRENDERED ITEMS.
3 § 1535. Schedule of convictions and points.
4 (a) General rule.--A point system for driver education and
5 control is hereby established which is related to other
6 provisions for use, suspension and revocation of the operating
7 privilege as specified under this title. Every driver licensed
8 in this Commonwealth who is convicted of any of the following
9 offenses shall be assessed points as of the date of violation in
10 accordance with the following schedule:
11 Section Number Offense Points
12 1512 Violation of restriction on
13 driver's license. 2
14 1571 Violation concerning license. 3
15 1788 Required financial responsibility. 5
16 3102 Failure to obey policeman or
17 authorized person. 2
18 3112(a)(3)(i) Failure to stop for a red light. 3
19 3114(a)(1) Failure to stop for a flashing
20 red light. 3
21 3302 Failure to yield half of roadway
22 to oncoming vehicle. 3
23 3303 Improper passing. 3
24 3304 Other improper passing. 3
25 3305 Other improper passing. 3
26 3306(a)(1) Other improper passing. 4
27 3306(a)(2) Other improper passing. 3
28 3306(a)(3) Other improper passing. 3
29 3307 Other improper passing. 3
30 3310 Following too closely. 3
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1 3321 Failure to yield to driver on the
2 right at intersection. 3
3 3322 Failure to yield to oncoming
4 driver when making left turn. 3
5 3323(b) Failure to stop for stop sign. 3
6 3323(c) Failure to yield at yield sign. 3
7 3324 Failure to yield when entering or
8 crossing roadway between inter-
9 sections. 3
10 3332 Improper turning around. 3
11 3341 Failure to stop for flashing red
12 lights or gate at railroad
13 crossing. 3
14 3344 Failure to stop when entering from
15 alley, driveway or building. 3
16 3345(a) Failure to stop for school bus
17 with flashing red lights. 5
18 (and 60 days suspension)
19 3361 Driving too fast for conditions. 2
20 3362 Exceeding maximum speed.--Over Limit:
21 6-10 2
22 11-15 3
23 16-25 4
24 26-30 5
25 31-over 5
26 (and departmental hearing
27 and sanctions provided
28 under section 1538(d))
29 3365(b) Exceeding special speed limit
30 in school zone. 3
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1 3365(c) Exceeding special speed limit
2 for trucks on downgrades. 3
3 3542(a) Failure to yield to pedestrian in
4 crosswalk. 2
5 3547 Failure to yield to pedestrian on
6 sidewalk. 3
7 3549(a) Failure to yield to blind
8 pedestrian. 3
9 3702 Improper backing. 3
10 3714 Reckless driving. 3
11 3745 Leaving scene of accident
12 involving property damage only. 4
13 * * *
14 § 1540. SURRENDER OF LICENSE. <--
15 * * *
16 (C) SEIZURE OF REVOKED AND SUSPENDED LICENSES.--
17 (1) THE DEPARTMENT MAY DELEGATE AUTHORITY TO [ANY
18 AUTHORIZED DEPARTMENT EMPLOYEE, MEMBER OF THE PENNSYLVANIA
19 STATE POLICE OR LOCAL POLICE OFFICER] THE FOLLOWING PERSONS
20 TO SEIZE THE DRIVER'S LICENSE OF ANY PERSON [WHEN THE
21 OPERATING PRIVILEGE OF THAT PERSON HAS BEEN REVOKED OR
22 SUSPENDED AND HIS] WHOSE DRIVER'S LICENSE HAS BEEN ORDERED TO
23 BE SURRENDERED BY A COURT OR DISTRICT ATTORNEY OR BY THE
24 DEPARTMENT[.]:
25 (I) A DESIGNATED DEPARTMENT EMPLOYEE.
26 (II) MEMBERS OF THE PENNSYLVANIA STATE POLICE.
27 (III) LOCAL POLICE OFFICERS.
28 (IV) SHERIFFS OR DEPUTY SHERIFFS.
29 (V) CONSTABLES OR DEPUTY CONSTABLES. IF CONSTABLES
30 AND DEPUTY CONSTABLES ARE DELEGATED AUTHORITY TO SEIZE
19890H0426B1953 - 5 -
1 DRIVERS' LICENSES UNDER THIS SUBSECTION, THEY SHALL BE
2 COMPENSATED BY THE DEPARTMENT AT THE RATE OF $15 FOR EACH
3 DRIVER'S LICENSE SEIZED, PLUS MILEAGE. THE DEPARTMENT
4 SHALL PAY A CONSTABLE OR DEPUTY CONSTABLE WITHIN 30 DAYS
5 AFTER A DOCUMENTED REQUEST IS SUBMITTED TO IT.
6 (2) THE DEPARTMENT SHALL, BY REGULATION, PRESCRIBE THE
7 MANNER OF SELECTING [THE EMPLOYEES AND STATE AND LOCAL POLICE
8 OFFICERS] THOSE ENFORCEMENT OFFICIALS WHO ARE DELEGATED
9 AUTHORITY UNDER THIS SUBSECTION TO SEIZE THE DRIVERS'
10 LICENSES.
11 SECTION 2. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
12 § 1788. REQUIRED FINANCIAL RESPONSIBILITY.
13 (A) GENERAL RULE.--EVERY OWNER OF A MOTOR VEHICLE WHICH IS
14 REGISTERED UNDER THIS TITLE SHALL CONTINUOUSLY PROVIDE AND
15 MAINTAIN FINANCIAL RESPONSIBILITY AND SHALL NOT OPERATE THE
16 MOTOR VEHICLE OR PERMIT IT TO BE OPERATED UPON A HIGHWAY OF THIS
17 COMMONWEALTH WITHOUT FINANCIAL RESPONSIBILITY.
18 (B) CONSENT TO PRODUCE PROOF OF FINANCIAL RESPONSIBILITY.--
19 UPON REGISTERING A MOTOR VEHICLE OR RENEWING A MOTOR VEHICLE
20 REGISTRATION, THE OWNER OF A MOTOR VEHICLE SHALL BE DEEMED TO
21 HAVE GIVEN CONSENT TO PRODUCE SATISFACTORY EVIDENCE OF FINANCIAL
22 RESPONSIBILITY UPON THE DEMAND OF A POLICE OFFICER OR THE
23 DEPARTMENT.
24 (C) EXHIBITION OF PROOF OF FINANCIAL RESPONSIBILITY.--PROOF
25 OF FINANCIAL RESPONSIBILITY SHALL, AT ALL TIMES WHILE THE
26 VEHICLE IS BEING OPERATED UPON A HIGHWAY, BE IN THE POSSESSION
27 OF THE PERSON DRIVING OR IN CONTROL OF THE VEHICLE, OR BE
28 CARRIED IN THE VEHICLE, AND SHALL BE EXHIBITED UPON DEMAND OF
29 ANY POLICE OFFICER OR THE DEPARTMENT.
30 (D) PENALTY.--
19890H0426B1953 - 6 -
1 (1) AN OWNER OF A MOTOR VEHICLE WHO DOES NOT MEET THE
2 FINANCIAL RESPONSIBILITY REQUIREMENTS SET FORTH IN THIS
3 SECTION COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION,
4 BE SENTENCED TO PAY A FINE OF $300, AND THE DEPARTMENT SHALL
5 SUSPEND THE OPERATING PRIVILEGES OF THE OWNER FOR 60 DAYS. IF
6 THE OWNER PRODUCES, AT THE OFFICE OF THE ISSUING AUTHORITY
7 WITHIN FIVE DAYS OF THE VIOLATION, SATISFACTORY EVIDENCE THAT
8 THE MOTOR VEHICLE BEING OPERATED WAS COVERED BY FINANCIAL
9 RESPONSIBILITY AT THE TIME OF THE VIOLATION, THE OWNER SHALL
10 NOT BE CONVICTED FOR A VIOLATION OF THIS SECTION. IF THE
11 OWNER DOES NOT MEET THE FINANCIAL RESPONSIBILITY REQUIREMENTS
12 SET FORTH IN THIS SECTION WITHIN THE FIVE DAYS ALLOTTED, THE
13 DEPARTMENT SHALL SUSPEND THE REGISTRATION OF THE VEHICLE
14 UNTIL SUCH TIME AS PROOF OF FINANCIAL RESPONSIBILITY IS
15 PROVIDED TO THE DEPARTMENT.
16 (2) A PERSON OTHER THAN A VEHICLE'S OWNER WHO KNOWINGLY
17 OPERATES A VEHICLE NOT IN COMPLIANCE WITH THE FINANCIAL
18 RESPONSIBILITY REQUIREMENTS SET FORTH IN THIS SECTION COMMITS
19 A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO
20 PAY A FINE OF $300, AND THE DEPARTMENT SHALL SUSPEND THE
21 OPERATING PRIVILEGES OF THE PERSON FOR 60 DAYS. IF THE PERSON
22 PRODUCES, AT THE OFFICE OF THE ISSUING AUTHORITY WITHIN FIVE
23 DAYS OF THE VIOLATION, SATISFACTORY EVIDENCE THAT THE MOTOR
24 VEHICLE BEING OPERATED WAS COVERED BY FINANCIAL
25 RESPONSIBILITY AT THE TIME OF THE VIOLATION, HE SHALL NOT BE
26 CONVICTED FOR A VIOLATION OF THIS SECTION.
27 SECTION 3. SECTION 4727 OF TITLE 75 IS AMENDED BY ADDING A
28 SUBSECTION TO READ:
29 § 4727. ISSUANCE OF CERTIFICATE OF INSPECTION.
30 * * *
19890H0426B1953 - 7 -
1 (D) PROOF OF INSURANCE.--NO CERTIFICATE OF INSPECTION SHALL
2 BE ISSUED UNLESS PROPER PROOF OF THE INSURANCE REQUIRED BY LAW
3 IS SUBMITTED TO THE INSPECTION OFFICIAL WHO SHALL KEEP A RECORD
4 OF THE NAME OF THE INSURED, THE ISSUING COMPANY, THE POLICY
5 NUMBER AND THE EXPIRATION DATE.
6 Section 3 4. This act shall take effect in 60 days SIX <--
7 MONTHS.
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