PRINTER'S NO. 294

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 283 Session of 1991


        INTRODUCED BY TRELLO, PESCI, KOSINSKI, DALEY, COHEN, NOYE,
           FARMER, COLAIZZO, FLEAGLE, SCHULER, MIHALICH, BELFANTI,
           COLAFELLA, STABACK, COY, TIGUE, MAYERNIK, ANGSTADT, FARGO,
           GEIST, KAISER, CAWLEY, STEIGHNER, HASAY, JAMES, MARKOSEK,
           JOSEPHS, FAIRCHILD, HALUSKA, NAHILL, HERMAN, SAURMAN,
           GLADECK, VAN HORNE, D. R. WRIGHT, MERRY, BILLOW, JOHNSON,
           RAYMOND, HESS, CLYMER, LUCYK, DeLUCA, LANGTRY, VEON,
           GIGLIOTTI, BUNT, CORNELL, PRESTON, DURHAM, MAIALE, STISH,
           TANGRETTI, PISTELLA, RUDY, E. Z. TAYLOR, MELIO, CAPPABIANCA,
           OLASZ, J. TAYLOR, CIVERA, GAMBLE, BROUJOS, DAVIES, DeWEESE,
           LAUGHLIN, KRUSZEWSKI, ADOLPH, KASUNIC, GODSHALL, BISHOP AND
           TELEK, FEBRUARY 5, 1991

        REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 5, 1991

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for suspension of registration
     3     and operating privileges relating to failure to maintain
     4     financial responsibility.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 1786(d) of Title 75 of the Pennsylvania
     8  Consolidated Statutes, amended December 7, 1990 (P.L.  ,
     9  No.164), is amended to read:
    10  § 1786.   Required financial responsibility.
    11     * * *
    12     (d)  Suspension of registration and operating privilege.--The
    13  Department of Transportation shall suspend the registration of a
    14  vehicle if it determines the required financial responsibility

     1  was not secured as required by this chapter and shall suspend
     2  the operating privilege of the owner or registrant for a period
     3  of three months if the department determines that the owner or
     4  registrant has operated or permitted the operation of the
     5  vehicle without the required financial responsibility. The
     6  operating privilege shall not be restored until the restoration
     7  fee for operating privilege provided by section 1960 (relating
     8  to reinstatement of operating privilege or vehicle registration)
     9  is paid. Whenever the department revokes or suspends the
    10  registration of any vehicle under this chapter, the department
    11  shall not restore the registration until the vehicle owner
    12  furnishes proof of financial responsibility in a manner
    13  determined by the department and submits an application for
    14  registration to the department, accompanied by the fee for
    15  restoration of registration provided by section 1960. This
    16  subsection shall not apply in the following circumstances:
    17         (1)  The owner or registrant proves to the satisfaction
    18     of the department that the lapse in financial responsibility
    19     coverage was for a period of less than [21] 45 days and that
    20     the owner or registrant did not operate or permit the
    21     operation of the vehicle during the period of lapse in
    22     financial responsibility.
    23         (2)  The owner or registrant is a member of the armed
    24     services of the United States, the owner or registrant has
    25     previously had the financial responsibility required by this
    26     chapter, financial responsibility had lapsed while the owner
    27     or registrant was on temporary, emergency duty and the
    28     vehicle was not operated during the period of lapse in
    29     financial responsibility. The exemption granted by this
    30     paragraph shall continue for [30] 45 days after the owner or
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     1     registrant returns from duty as long as the vehicle is not
     2     operated until the required financial responsibility has been
     3     established.
     4     * * *
     5     Section 2.  The amendments affecting 75 Pa.C.S. § 1786(d)
     6  shall be retroactive to July 1, 1990.
     7     Section 3.  This act shall take effect immediately.
















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