Regular Session 2015-2016 Senate Bill 1086 P.N. 1471

PRINTER'S NO. 1471

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1086

Session of

2015

INTRODUCED BY RAFFERTY, COSTA, EICHELBERGER, TEPLITZ, FONTANA,

RESCHENTHALER, WHITE AND VULAKOVICH, DECEMBER 11, 2015

REFERRED TO TRANSPORTATION, DECEMBER 11, 2015

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in registration of vehicles, providing for

suspension of registration upon unpaid tolls.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 75 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 1380. Suspension of registration upon unpaid tolls.

(a) General rule.--

(1) The department shall suspend the registration of a

vehicle upon notification from a tolling entity that the

owner or registrant of the vehicle has either:

(i) failed to pay or defaulted in the payment of six

or more violations issued under 74 Pa.C.S. § 8116(a)

(relating to collection and disposition of tolls and

other revenue) or 8117(a)(1) (relating to electronic toll

collection) or other law, regulation, ordinance or

standard applicable to the toll collection or payment

requirements for a tolling entity; or

(ii) incurred unpaid tolls or administrative fees or

costs that collectively total a minimum of $500,

regardless of the number of violations.

(2) Nothing in paragraph (1) shall be construed to limit

a tolling entity's ability to recoup unpaid tolls or

administrative fees or costs by any means available under the

law.

(b) Notice.--Prior to notifying the department under

subsection (c), the tolling entity shall provide the owner or

registrant written notice by first class mail of its intent to

seek suspension of the vehicle registration under this section

and afford the owner or registrant with the opportunity to be

heard during an administrative proceeding.

(1) Not sooner than 30 days after mailing the notice

under subsection (b), the tolling entity, provided it has

entered into an agreement with the department to enforce the

provisions of this section, may notify the department

electronically in a format prescribed by the department

whenever an owner or registrant meets the requirements for

suspension under subsection (a)(1).

(2) When a tolling entity has provided notice under this

subsection and all of the violations are subsequently paid,

dismissed, reversed on appeal or canceled, the tolling entity

shall notify the department electronically in a format

prescribed by the department of the disposition of the

violation and shall provide the owner or registrant with a

release from the suspension.

(d) Period of suspension.--A suspension under subsection (a)

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shall continue until the department receives notice from the

tolling entity that the violations are paid, dismissed, reversed

on appeal or canceled or the owner or registrant enters into an

agreement with the tolling entity to make installment payments

for tolls, administrative fees and costs imposed and pays the

fee prescribed in section 1960 (relating to reinstatement of

operating privilege or vehicle registration), provided that the

suspension may be reimposed by the department if the owner or

registrant fails to make regular installment payments.

(e) Additional suspension.--The department shall impose an

additional period of registration suspension if, subsequent to

the issuance of a suspension under subsection (a) but prior to

the restoration of the registration, the department is notified

by the tolling entity that the owner or registrant has failed to

pay, failed to respond or defaulted in the payment of an

additional violation issued under 74 Pa.C.S. § 8117(a)(1).

(f) Violations outside Commonwealth.--

(1) The department shall suspend the registration of a

vehicle upon the notification from a tolling entity that has

entered into an enforcement agreement with the department as

authorized under section 6146 (relating to enforcement

agreements) for any toll violation of that state or an

authority or for failure to pay any fine or costs imposed in

accordance with the laws of the jurisdiction in which the

violation occurred.

(2) A person who provides proof satisfactory to the

department that the full amount of the fine and costs has

been forwarded to and received by the other state may not be

regarded as having failed to pay for the purposes of this

subsection.

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(g) Documentation.--

(1) In any proceeding under this section, documents

obtained by the department from a tolling entity or from the

appropriate agency of the Commonwealth or another state shall

be admissible into evidence to support the department's case.

(2) The department may treat the documents and reports

as documents of the department and use any of the methods of

storage permitted under the provisions of 42 Pa.C.S. § 6109

(relating to photographic copies of business and public

records) and may reproduce the documents in accordance with

the provisions of 42 Pa.C.S. § 6103 (relating to proof of

official records).

(3) The department may certify that it has received or

obtained documents and reports from a tolling entity, the

Commonwealth or other states, and the certification shall be

prima facie proof of the facts contained in the documents and

reports.

(h) Three-year statute of limitations.--No suspension may be

imposed based upon a violation of 74 Pa.C.S. § 8117(a)(1) or

similar provision from another state more than three years after

the violation is committed.

(i) Collection of out-of-State tolls.--The department or a

tolling entity may collect the civil penalties and tolls imposed

by an out-of-State tolling entity if the department or tolling

entity has entered into a reciprocity agreement that confirms

the following:

(1) The other state or tolling entity has its own

effective reciprocal procedure for collecting penalties and

tolls imposed by a Commonwealth tolling entity and agrees to

collect penalties and tolls of the Commonwealth tolling

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entity by employing sanctions that include denial of a

person's right to register or reregister a motor vehicle.

(2) The penalties, exclusive of tolls, claimed by the

other state or tolling entity against an owner of a motor

vehicle registered in this Commonwealth do not exceed $100

for a first violation or $600 for all pending violations.

(3) The other state or tolling entity provides due

process and appeal protections to avoid the likelihood that a

false, mistaken or unjustified claim will be pursued against

an owner.

(4) An owner of a motor vehicle registered in this

Commonwealth may present evidence to the other state or

tolling entity by mail, telephone, electronic means or other

means to invoke rights of due process, without having to

appear personally in the jurisdiction where the violation is

alleged to have occurred.

(5) The reciprocal collection agreement between the

department or a tolling entity and the other state or tolling

entity provides that each party may charge the other a fee

sufficient to cover the costs of collection services,

including costs incurred by the agency that registers motor

vehicles.

(j) Definition.--As used in this section, the term "tolling

entity" means the Pennsylvania Turnpike Commission, an entity

authorized to impose and collect tolls in accordance with the

laws of Pennsylvania, including 74 Pa.C.S. Ch. 91 (relating to

public-private transportation partnerships), or the laws of

another state or states and any authorized agent of such an

entity.

Section 2. This act shall take effect in 60 days.

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