PRINTER'S NO. 1026
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY RAFFERTY, WOZNIAK, SCARNATI, PILEGGI, CORMAN, BROWNE, WAUGH, ROBBINS, GORDNER, ERICKSON, WHITE, STACK, YAW, VOGEL, VULAKOVICH, BRUBAKER, SMUCKER, SOLOBAY, TOMLINSON, ALLOWAY, VANCE, MENSCH, BLAKE, BREWSTER, TEPLITZ, DINNIMAN, SCHWANK, KITCHEN AND WASHINGTON, MAY 3, 2013
REFERRED TO TRANSPORTATION, MAY 3, 2013
1Amending Titles 20 (Decedents, Estates and Fiduciaries), 74
2(Transportation) and 75 (Vehicles) of the Pennsylvania
3Consolidated Statutes, in anatomical gifts, further providing
4for The Governor Robert P. Casey Memorial Organ and Tissue
5Donation Awareness Trust Fund contributions; in sustainable
6mobility options, further providing for definitions, for the
7Public Transportation Trust Fund, for application and
8approval process, for executive and legislative reports, for
9coordination, for asset improvement program, for Statewide
10programs and for capital improvements program; providing for
11multimodal transportation funding; in the Pennsylvania
12Turnpike, further providing for definitions, for commission
13and for electronic toll collection; in public-private
14transportation partnerships, further providing for agreement;
15providing for traffic signals and for the Bridge Bundling
16Program; in registration of vehicles, further providing for
17certain special plates and providing for suspension of
18registration upon unpaid tolls; in licensing of drivers,
19further providing for expiration and renewal of drivers'
20licenses, for occupational limited license and for
21probationary license; in commercial drivers, further
22providing for fees; in financial responsibility, further
23providing for required financial responsibility; in fees,
24further providing for collection and disposition of fees and
25money, for passenger cars, for motor homes, for motorcycles,
26for motor-driven cycles, for trucks and truck tractors, for
27motor buses and limousines, for school buses and school
28vehicles, for trailers, for special mobile equipment, for
29implements of husbandry, for antique, classic and collectible
30vehicles, for farm vehicles, for ambulances, taxis and
31hearses, for dealers and miscellaneous motor vehicle
1business, for farm equipment vehicle dealers, for transfer of
2registration, for temporary and electronically issued
3registration plates, for replacement registration plates, for
4certain registration plates, for duplicate registration
5cards, for commercial implements of husbandry, for special
6hauling permits as to weight and size, for annual hauling
7permits, for mobile homes, modular housing units and modular
8housing undercarriages, for books of permits, for refund of
9certain fees, for driver's license and learner's permit, for
10certificate of title, for security interest, for information
11concerning drivers and vehicles, for certified copies of
12records, for uncollectible checks, for certificate of
13inspection, for messenger service, for reinstatement of
14operating privilege or vehicle registration and for secure
15power of attorney; in motor carriers road tax identification
16markers, further providing for identification markers and
17license or road tax registration card required; in general
18provisions, further providing for obedience to traffic-
19control devices; in State and local powers, further providing
20for regulation of traffic on Pennsylvania Turnpike; in
21penalties and disposition of fines, further providing for
22surcharge; in snowmobiles and all-terrain vehicles, further
23providing for fees; in Pennsylvania Turnpike, further
24providing for definitions and for deposit and distribution of
25funds; in liquid fuels and fuels tax, further providing for
26definitions and for imposition, tax, exemptions and
27deductions; in State highway maintenance, further providing
28for dirt and gravel road maintenance; in taxes for highway
29maintenance and construction, further providing for
30imposition and for allocation of proceeds; and directing the
31Joint State Government Commission to study replacement funds.
32The General Assembly finds and declares as follows:
36(2) The Commonwealth's transportation system includes
37nearly 40,000 miles of roads and 25,000 bridges owned by the
38Commonwealth, nearly 77,000 miles of roads and 12,000 bridges
39owned by counties and municipal governments, 36 fixed-route
40public transportation agencies, 67 railroads, 133 public use
41airports, the Ports of Erie, Philadelphia and Pittsburgh, and
42numerous bicycle and pedestrian facilities.
3(4) The Department of Transportation of the Commonwealth
4has indicated that 9,000 miles of roads owned by the
5Commonwealth are in poor condition and that 4,400 bridges
6owned by the Commonwealth are rated structurally deficient.
7The State Transportation Advisory Committee has indicated
8that 2,189 bridges exceeding 20 feet in length owned by
9counties and municipalities are rated structurally deficient.
16(7) The State Transportation Advisory Committee reported
17in 2010 that the Commonwealth's transportation system is
18underfunded by $3,500,000,000 and projected that amount will
19grow to $6,700,000,000 by 2020 without additional financial
20investment by the Commonwealth.
3(11) In order to ensure a safe and reliable system of
4public transportation, rail, aviation and ports, bicycle and
5pedestrian facilities and other transportation-related user
6fees must be deposited in the Public Transportation Trust
7Fund and the Multimodal Transportation Fund.
17(a) Driver's license.--Beginning as soon as practicable, but
18no later than January 1, 1995, the Department of Transportation
19shall provide an applicant for an original or renewal driver's
20license or identification card the opportunity to make a
21contribution of [$1] $3 to the fund. The contribution shall be
22added to the regular fee for an original or renewal driver's
23license or identification card. One contribution may be made for
24each issuance or renewal of a license or identification card.
25Contributions shall be used exclusively for the purposes set out
26in section 8622 (relating to The Governor Robert P. Casey
27Memorial Organ and Tissue Donation Awareness Trust Fund). The
28Department of Transportation shall monthly determine the total
29amount designated under this section and shall report that
30amount to the State Treasurer, who shall transfer that amount to
3(b) Vehicle registration.--The Department of Transportation
4shall provide an applicant for a renewal vehicle registration
5the opportunity to make a contribution of [$1] $3 to The
6Governor Robert P. Casey Memorial Organ and Tissue Donation
7Awareness Trust Fund. The contribution shall be added to the
8regular fee for a renewal of a vehicle registration. One
9contribution may be made for each renewal vehicle registration.
10Contributions shall be used exclusively for the purposes
11described in section 8622. The Department of Transportation
12shall monthly determine the total amount designated under this
13section and shall report that amount to the State Treasurer, who
14shall transfer that amount to The Governor Robert P. Casey
15Memorial Organ and Tissue Donation Awareness Trust Fund. The
16Governor Robert P. Casey Memorial Organ and Tissue Donation
17Awareness Trust Fund shall reimburse the department for the
18initial costs incurred in the development and implementation of
19the contribution program under this subsection. The General Fund
20shall reimburse the Department of Transportation for the actual
21annual operating costs of the program for vehicle registrations
22as described in this subsection subject to the following limits:
23For the first fiscal year during which this subsection is
24effective, the General Fund shall reimburse the Department of
25Transportation for the actual operating costs of the program in
26this subsection up to a maximum of $100,000. For each fiscal
27year thereafter, the General Fund shall reimburse the Department
28of Transportation for the actual operating costs of the program
29in this subsection in an amount not to exceed the prior year's
30actual operating costs on a full fiscal year basis plus 3%. The
6§ 1503. Definitions.
10* * *
11"Base operating allocation." The total amount of State
12operating assistance, reimbursement in lieu of fares for senior
13passengers and other assistance which was used for operating
14assistance as determined by the department in [fiscal year 2005-
152006] the last full fiscal year that the qualifying local
16transportation organization received the assistance.
17"Capital expenditures." All costs of capital projects,
18including, but not limited to, the costs of acquisition,
19construction, installation, start-up of operations, improvements
20and all work and materials incident thereto. At the discretion
21of the department, preventive maintenance expenses, as defined
22by the Federal Transit Administration, may be deemed eligible as
23a capital expenditure based on written approval by the
25* * *
28§ 1506. Fund.
29* * *
30(b) Deposits to fund by department.--
1(1) The following apply:
2(i) [Except as provided under subparagraph (ii),
3upon] Upon receipt, the department shall deposit into the
4fund the revenues received by the department under 75
5Pa.C.S. Ch. 89 (relating to Pennsylvania Turnpike) and
6the lease agreement executed between the department and
7the Pennsylvania Turnpike Commission under 75 Pa.C.S. §
88915.3 (relating to lease of Interstate 80; related
9agreements) [as follows:
10(A) For fiscal year 2007-2008, $250,000,000.
11(B) For fiscal year 2008-2009, $250,000,000.
12(C) For fiscal year 2009-2010, $250,000,000.
16(ii) The deposits made to the fund under this
17subsection shall equal [$250,000,000] $305,000,000 for
18fiscal years 2013-2014 and 2014-2015, $360,000,000 for
19fiscal years 2015-2016 and 2016-2017 and $415,000,000
20annually for each fiscal year commencing [after the
21expiration of the conversion period if the conversion
22notice is not received by the secretary prior to
23expiration of the conversion period as set forth under 75
24Pa.C.S. § 8915.3(3)] with fiscal year 2017-2018.
25* * *
22* * *
1Pa.C.S. Ch. 89 and the lease agreement executed
2between the department and the Pennsylvania Turnpike
3Commission under 75 Pa.C.S. § 8915.3. The amount
4received by the department under this section shall
5be deposited into the fund prior to distribution and
6shall be in addition to the amounts received under
8(B) For fiscal year 2008-2009, $100,000,000 from
9the revenues received by the department under 75
10Pa.C.S. Ch. 89 and the lease agreement executed
11between the department and the Pennsylvania Turnpike
12Commission under 75 Pa.C.S. § 8915.3. The amount
13received by the department under this section shall
14be deposited into the fund prior to distribution and
15shall be in addition to the amounts received under
17(C) For fiscal year 2009-2010, $150,000,000 from
18the revenues received by the department under 75
19Pa.C.S. Ch. 89 and the lease agreement executed
20between the department and the Pennsylvania Turnpike
21Commission under 75 Pa.C.S. § 8915.3. The amount
22received by the department under this section shall
23be deposited into the fund prior to distribution and
24shall be in addition to the amounts received under
26(D) For fiscal year 2010-2011 and each fiscal
27year thereafter, the amount calculated for the prior
28fiscal year increased by 2.5% from the revenues
29received by the department under 75 Pa.C.S. Ch. 89
30and the lease agreement executed between the
1department and the Pennsylvania Turnpike Commission
2under 75 Pa.C.S. § 8915.3. The amount received by the
3department under this section shall be deposited into
4the fund prior to distribution and shall be in
5addition to the amounts received under subsection (b)
13[(ii) If the conversion notice is not received by
14the secretary prior to the end of the conversion period
15as set forth in 75 Pa.C.S. § 8915.3(3), no additional
16allocation shall be made under subparagraph (i).]
17(3) For the program established under section 1516
18(relating to programs of Statewide significance), 13.24% of
19the revenues deposited in the fund under subsection (c)(1)
20shall be allocated from the fund in addition to the remaining
21revenue deposited in the fund under subsection (b)(1).
22[(4) For the program established under section 1517
23(relating to capital improvements program), 16.77% of the
24revenues deposited in the fund under subsection (c)(1).
25Additional funds for this program may be provided from the
26funds allocated but not distributed based on the limitation
27set forth under section 1513(c)(3).]
1§ 1507. Application and approval process.
2(a) Application.--An eligible applicant that wishes to
3receive financial assistance under this chapter shall submit a
4written application to the department on a form developed by the
5department, which shall include the following:
6* * *
7(6) Evidence satisfactory to the department of the
8commitment for matching funds required under this chapter
9sufficient to match the projected financial assistance
10payments [at the same times that the financial assistance
11payments are to be provided.], provided no later than June 30
12of the applicable fiscal year. If the evidence required under
13this paragraph is not provided to the satisfaction of the
14department, subsequent funding under section 1513 (relating
15to operating program) shall be withheld until the applicant
16meets the requirements of this paragraph.
20* * *
21(c) Restriction on use of funds.--[Financial] Unless the
22department grants the award recipient a waiver allowing the
23funds to be used for a different purpose, financial assistance
24under this chapter shall be used only for activities set forth
25under the financial assistance agreement [unless the department
26grants the award recipient a waiver allowing the funds to be
27used for a different purpose]. The department's regulations
28shall describe circumstances under which it will consider waiver
29requests and shall set forth all information to be included in a
30waiver request. The [maximum duration of a waiver shall be one
1year, and a] waiver request shall include a plan of corrective
2action to demonstrate that the award recipient does not have an
3ongoing need to use financial assistance funds for activities
4other than those for which funds were originally awarded. The
5duration of the waiver may not exceed the duration of the plan
6of corrective action. The department shall monitor
7implementation of the plan of corrective action. If the plan of
8corrective action is not implemented by the local transportation
9organization, the department shall rescind the waiver approval.
12§ 1511. Report to Governor and General Assembly.
13[The following shall apply:
14(1) Except as provided in paragraph (2), the] The
15department shall submit a public passenger transportation
16performance report to the Governor and the General Assembly
17by April 30 of each year, covering the prior fiscal year.
20§ 1512. Coordination and consolidation.
21(a) Coordination.--Coordination is required in regions where
22two or more award recipients have services or activities for
23which financial assistance is being provided under this chapter
24to assure that the services or activities are provided
25efficiently and effectively.
27(1) The department shall study the consolidation of
28local transportation organizations as a means of reducing
29annual expense. The study shall examine the creation of
30service regions to determine whether consolidation would
1reduce annual expenses.
2(2) If the results of the study under paragraph (1)
3estimate annual savings of at least $2,000,000 or 25% of the
4local match contribution under section 1513 (relating to
5operating program) at the time of completion of the study,
6the transportation organization and local government shall
7implement the recommended action or provide increased local
8matching funds equal to 25% of the transportation
9organization's and local government's financial assistance
10under section 1513.
11(3) The department shall waive the match increase under
12paragraph (2) for a local transportation organization or
13municipality if the local transportation organization or
14municipality is the only entity willing to consolidate in a
15region and no consolidation takes place.
16(c) Funding for merger and consolidation incentives.---A
17capital project that is needed to support a local transportation
18organization that has agreed to merge and consolidate operations
19and administration to achieve cost and service efficiencies
20shall be eligible for financial assistance under this chapter.
21The application for financial assistance must:
28§ 1514. Asset improvement program.
29* * *
30(e.1) Distribution.--The department shall allocate financial
3(1) The local transportation organization organized and
4existing under Chapter 17 (relating to metropolitan
5transportation authorities) as the primary provider of public
6passenger transportation for the counties of Philadelphia,
7Bucks, Chester, Delaware and Montgomery, shall receive 69.4%
8of the funds available for distribution under this section.
9(2) The local transportation organization organized and
10existing under the act of April 6, 1956 (1955 P.L.1414,
11No.465), known as the Second Class County Port Authority Act,
12as the primary provider of public transportation for the
13county of Allegheny, shall receive 22.6% of the funds
14available for distribution under this section.
15(3) Other local transportation organizations organized
16and existing as the primary providers of public passenger
17transportation for the counties of this Commonwealth not
18identified under paragraph (1) or (2) shall receive 8% of the
19funds available for distribution under this section. The
20department shall allocate the funds under this paragraph
21among the local transportation organizations.
22(4) Notwithstanding paragraphs (1), (2) and (3) and
23before distributing the funds under paragraph (1), (2) or
24(3), the department shall set aside 5% of the funds available
25for distribution under this section for discretionary use and
26distribution by the secretary.
27* * *
30§ 1516. Programs of Statewide significance.
1* * *
2(b) Persons with disabilities.--The department shall
3establish and administer a program providing reduced fares to
4persons with disabilities on community transportation services
5and to provide financial assistance for start-up, administrative
6and capital expenses related to reduced fares for persons with
7disabilities. All of the following shall apply:
8(1) A community transportation system operating in the
9Commonwealth other than in [counties of the first and second
10class] a county of the first class may apply for financial
11assistance under this subsection.
12(2) The department may award financial assistance under
13this subsection for program start-up and for continuing
14capital expenses to offset administrative and capital
15expenses. For community transportation trips made by eligible
16persons with disabilities, financial assistance may be
17awarded to an eligible community transportation system to
18reimburse the system for up to 85% of the fare established
19for the general public for each trip which is outside of
20fixed-route and paratransit service areas and not eligible
21for funding from any other program or funding source. The
22person making the trip or an approved third-party sponsor
23shall contribute the greater of 15% of the fare established
24for the general public or the Americans with Disabilities Act
25complementary paratransit fare.
26* * *
27(e) Technical assistance and demonstration.--The department
28is authorized to provide financial assistance under this section
29for technical assistance, research and short-term demonstration
30or emergency projects. All of the following shall apply:
4(2) Financial assistance provided under this subsection
5may be used for reimbursement for any approved operating or
6capital costs related to technical assistance and
7demonstration program projects. Financial assistance for
8short-term demonstration projects may be provided at the
9department's discretion on an annual basis based on the level
10of financial commitment provided by the award recipient to
11provide ongoing future funding for the project as soon as the
12project meets the criteria established by the department and
13the award recipient. Financial assistance for this purpose
14shall not be provided for more than three fiscal years.
15Financial assistance may be provided to meet any short-term
16emergency need that requires immediate attention and cannot
17be funded through other sources.
18(3) Financial assistance under this subsection provided
19to a local transportation organization shall be matched by
20local or private cash funding in an amount not less than
213.33% of the amount of the financial assistance being
22provided. The sources of funds for the local match shall be
23subject to the requirements of section 1513(d)(3) (relating
24to operating program).
25(4) As follows:
26(i) For short-term demonstration projects awarded
27financial assistance under this subsection, the
28department shall determine if the demonstration project
29was successful based upon the performance criteria
30established prior to the commencement of the
1demonstration project and approved by the department.
2(ii) If the department determines that the
3demonstration project was successful, the local
4transportation organization or agency or instrumentality
5of the Commonwealth that conducted the demonstration
6project shall be eligible to apply for and receive funds
7under section 1513 to sustain and transition the
8demonstration project into regular public passenger
10(iii) During the first year in which the
11demonstration project is eligible for and applies for
12financial assistance under section 1513, the local
13transportation organization or agency or instrumentality
14of the Commonwealth that conducted the demonstration
15project and transitioned it to regular public passenger
16transportation service shall be eligible to receive
17financial assistance up to 65% of the transportation
18service's prior fiscal year operating costs or expenses
19for the service as an initial base operating allocation.
24Section 8. Section 1517 of Title 74 is repealed:
25[§ 1517. Capital improvements program.
3(c) Distribution formula.--The department shall award
4financial assistance under this section based on the number of
5passengers. The actual amount awarded to a local transportation
6organization under this subsection shall be calculated as
17(e) Reduction in financial assistance.--Financial assistance
18provided to a local transportation organization under this
19section shall be reduced by any financial assistance received
20previously under this section which has not been spent or
21committed in a contract within three years of its receipt.]
22Section 9. Title 74 is amended by adding a chapter to read:
24MULTIMODAL TRANSPORTATION FUNDING
262101. Multimodal Transportation Fund.
272102. Deposits to fund.
282103. Use of revenue.
292104. Distribution of revenue.
302105. Project selection criteria and agreement.
12106. Local match.
2§ 2101. Multimodal Transportation Fund.
3A special fund is established within the State Treasury to be
4known as the Multimodal Transportation Fund. Money in the fund
5is appropriated to the department for the purposes authorized
6under this chapter.
7§ 2102. Deposits to fund.
16(3) For fiscal year 2015-2016 and each fiscal year
17thereafter, $20,000,000 from the oil company franchise tax
18imposed under 75 Pa.C.S. § 9502 (relating to imposition of
19tax) to be expended in accordance with section 11 of Article
20VIII of the Constitution of Pennsylvania.
23(5) The interest earned on money in the fund.
24§ 2103. Use of revenue.
25Money in the fund shall be used by the department as follows:
26(1) To provide grants through the department's programs
27relating to aviation, rail freight, passenger rail, port and
28waterway, bicycle and pedestrian facilities, road and bridge
29and other transportation modes.
30(2) For costs incurred by the department in the
1administration of a programs specified under paragraph (1).
5§ 2104. Distribution of revenue.
18§ 2105. Project selection criteria and agreement.
19The department shall award grants under this chapter on a
20competitive basis. The department may not reserve, designate or
21set aside a specific level of funds or percentage of funds to an
22applicant prior to the completion of the application process,
23nor may the department designate a set percentage of funds to an
25§ 2106. Local match.
26Financial assistance under this section shall be matched by
27county, municipal or private funding in an amount not less than
2830% of the non-Federal share of the project cost. Matching funds
29from a county or municipality shall only consist of cash
30contributions provided by one or more counties or
2Section 10. The definitions of "electronic toll collection,"
3"owner" and "violation enforcement system" in section 8102 of
4Title 74 are amended and the section is amended by adding
5definitions to read:
6§ 8102. Definitions.
13"Certificate of passage." A document signed and certified by
14a vehicle owner, operator or lessee evidencing his or her
15agreement to pay the prescribed toll plus a processing fee to
16the commission within a prescribed period.
17"Certificate of passage toll collection." A system of
18collecting a toll or charge by providing a vehicle owner,
19operator or lessee with a certificate of passage at a toll
20collection facility if the owner, operator or lessee does not
21have sufficient funds to pay the prescribed toll at the time he
22or she passes through the toll collection facility.
23* * *
24"Electronic toll collection." A system of collecting tolls
25or charges [that is capable of charging an account holder for
26the prescribed toll] by electronic transmission of information
27[between], including by use of a device on a vehicle and a
28device [in a toll lane] at a toll collection facility, open road
29tolling, video tolling system or other similar structural or
30technological enhancements related to tolling.
1* * *
2"Owner." Except as provided under section [8117(e)] 8117
3(relating to [electronic] toll collection), [an individual] a
4person, copartnership, association or corporation having title
5or interest in a property right, easement or franchise
6authorized to be acquired under this chapter.
7* * *
8"Toll collection." A system of collecting tolls or charges
9that is capable of charging an account holder or vehicle owner,
10operator or lessee for the prescribed toll by automated toll
11collection, certificate of passage toll collection or electronic
13* * *
14"Video tolling system." As follows:
15(1) A vehicle sensor or other electronic toll collection
16device, placed in a location to work in conjunction with a
17toll collection facility, which automatically produces a
18videotape or photograph, microphotograph or other recorded
19image of the vehicle or vehicle license plate at the time the
20vehicle is used or operated on the tolled facility in order
21to collect tolls or detect violations of the toll collection
22regulations or rules.
1facility, which automatically produces a videotape or
2photograph, microphotograph or other recorded image of the rear
3portion of each vehicle at the time the vehicle is used or
4operated in violation of the toll collection regulations. The
5term includes any other technology which identifies a vehicle by
6photographic, electronic or other method.]
9§ 8105. Commission.
10* * *
11(b) Vacancies and terms.--
12(1) Notwithstanding any other law, any vacancy in the
13membership of the commission shall be filled by appointment
14of the Governor by and with the advice and consent of two-
15thirds of the members elected to the Senate.
16(2) The appointed member shall serve for a term of four
17years. Upon the expiration of this term, the appointed member
18may continue to hold office for 90 days or until his
19successor shall be duly appointed and qualified, whichever is
20shorter. A member may not serve more than two terms.
21* * *
22§ 8117. [Electronic toll] Toll collection.
23(a) Liability of owner.--
24[(1) If an operator of a vehicle fails to pay the
25prescribed toll at any location where tolls are collected by
26means of electronic toll collection, the owner of the vehicle
27shall be liable to the commission for failure of the operator
28of the vehicle to comply with this section if the violation
29is evidenced by information obtained from a violation
1(2) If a violation of this section is committed, the
2registration plate number of the vehicle as recorded by a
3violation enforcement system shall establish an inference
4that the owner of the vehicle was then operating the vehicle.
5The inference shall be overcome if the owner does all of the
13(3) If an action or proceeding is commenced in a county
14other than that of the residence of the owner, a verified
15written statement setting forth the facts prescribed under
16paragraph (2)(i), (ii) and (iii) shall suffice to overcome
18(4) If the inference is overcome, the operator of the
19vehicle may be held liable under this section for failure to
20pay the prescribed toll in the same manner as if the operator
21were the owner of the vehicle.
22(b) Imposition of liability.--Liability under this section
23shall be imposed upon an owner for a violation of this section
24or the regulations of the commission occurring within the
25territorial limits of this Commonwealth. If a violation is
26committed as evidenced by a violation enforcement system, the
27following shall apply:
30(i) The notice of violation must be sent by first
7(A) the alleged conduct; or
10(iii) Personal service is not required.
11(iv) The notice must contain all of the following:
15(B) A warning advising the person charged that
16failure to contest in the manner and time provided
17shall be deemed an admission of liability and that a
18default judgment may be entered on the notice.]
19(1) Notwithstanding any other provision of law, if an
20operator of a vehicle fails to pay the prescribed toll at a
21prescribed location by means of toll collection or as
22directed by official signs posted on the tolled facility in
23accordance with the rules or regulations instituted for toll
24collection by the commission, the owner of the vehicle shall
25be liable to the commission or its authorized agent for
26failure of the operator of the vehicle to comply with this
27section if the violation is evidenced by any of the
3(2) Except for an operator who utilizes certificates of
4passage toll collection, if an operator of a vehicle fails to
5pay the prescribed toll as provided under paragraph (1), the
6registration plate number of the vehicle as recorded by a
7video tolling system shall establish an inference that the
8owner of the vehicle was operating the vehicle at the time of
9the violation. The inference shall be overcome if the owner
10does all of the following:
20(3) If an action or proceeding is commenced in a county
21other than that of the residence of the owner, a verified
22written statement under 18 Pa.C.S. § 4904 (relating to
23unsworn falsifications to authorities) setting forth the
24facts prescribed under paragraph (2) shall suffice to
25overcome the inference.
26(4) A court of competent jurisdiction shall admit as
27prima facie evidence the verified statement relied upon under
28paragraph (3). The operator of the vehicle may be held liable
29under this section for failure to pay the prescribed toll in
30the same manner as if the operator were the owner of the
1vehicle if any of the following apply:
2(i) The inference is overcome.
5(b) Imposition of liability.--Liability under this section
6shall be imposed upon an owner, including a person, lessee or
7operator who becomes liable in the same manner as if the person
8was an owner under this section, for a violation of this section
9or the regulations or rules of the commission occurring within
10the territorial limits of this Commonwealth. If a violation is
11committed as evidenced by information obtained from a video
12tolling system or certificate of passage, the following shall
19(ii) The notice shall be mailed to the address shown
20on the vehicle registration or to the address of the
21operator, as applicable. Notice shall be mailed no later
22than 120 days after one of the following:
23(A) The date of the alleged conduct.
26(C) The date that a lessor provides the
27information required under subsection (b)(3) in a
28manner that the lessee of the vehicle on the date of
29violation is deemed to be the owner of the vehicle
30for purposes of this section.
3(iv) The notice shall include all of the following:
10(C) A warning advising the person charged that
11failure to contest in the manner and time provided
12shall be deemed an admission of liability, that a
13default judgment may be entered on the notice and
14that the failure to pay all unpaid tolls,
15administrative fees and costs may result in
16suspension of registration of a vehicle registered to
17the person by the department.
24(2) If an owner of a vehicle or an owner that is a
25lessor of a vehicle receives a notice of violation under this
26section for any time period during which the vehicle was
27reported to a police department as having been stolen, it
28shall be a defense to the allegation of liability that the
29vehicle had been reported to the police as having been stolen
30prior to the time the violation occurred and that the vehicle
1had not been recovered by the time of the violation. For
2purposes of asserting the defense under this paragraph, it
3shall be sufficient that a certified copy of the police
4report on the stolen vehicle be sent by first class mail to
5the commission or its authorized agent within 30 days after
6receiving the original notice of violation. Failure to send
7the information within the time limit under this paragraph
8shall render the owner or lessor liable for the penalty
9prescribed by this section.
10(3) An owner that is a lessor of a vehicle as to which a
11notice of violation was issued under paragraph (1) shall not
12be liable for a violation if the owner sends to the
13commission or its authorized agent a copy of the rental,
14lease or other contract document covering the vehicle on the
15date of the violation, with the name and address of the
16lessee clearly legible to the commission, within 30 days
17after receiving the original notice of violation. Failure to
18send the information within the time limit under this
19paragraph shall render the lessor liable for the penalty
20prescribed by this section. If the lessor complies with the
21provisions of this section, the lessee of the vehicle on the
22date of the violation shall be deemed to be the owner of the
23vehicle for purposes of this section and shall be subject to
24liability for the penalty under this section.
25(4) A certified report or a facsimile report of an
26authorized agent or employee of the commission reporting a
27violation of this section or rules or regulations of the
28commission based upon [the recorded information obtained from
29a violation enforcement system] any of the following shall be
30prima facie evidence of the facts contained in the report and
1shall be admissible as an official record of regularly
2conducted activity of the commission kept in the ordinary
3course of business in any proceeding charging a violation of
4this section or the toll collection rules or regulations of
8(ii) A certificate of passage.
9(5) Notwithstanding any other provision of law,
10videotapes, photographs, microphotographs, other recorded
11images, written records, reports or facsimiles prepared
12pursuant to this section shall be for the exclusive use of
13the commission, its authorized agents, its employees and law
14enforcement officials for the purpose of discharging duties
15under this section and the rules or regulations of the
16commission. The information shall not be deemed a public
17record under the act of [June 21, 1957 (P.L.390, No.212),
18referred to as the Right-to-Know Law] February 14, 2008
19(P.L.6, No.3), known as the Right-to-Know Law. The
20information shall not be discoverable by court order or
21otherwise; nor shall it be offered in evidence in any action
22or proceeding which is not directly related to a violation of
23this section, the rules or regulations of the commission or
24indemnification for liability imposed pursuant to this
25section. The restrictions set forth in this paragraph:
26(i) shall not be deemed to preclude a court of
27competent jurisdiction from issuing an order directing
28that the information be provided to law enforcement
29officials if the information is reasonably described and
30is requested solely in connection with a criminal law
2(ii) shall not be deemed to preclude the exchange of
3the information between any entities with jurisdiction
4over or which operate [an electronic] a toll collection
5system in this Commonwealth or any other jurisdiction;
7(iii) shall not be deemed to prohibit the use of
8information exclusively for the purpose of billing
9electronic toll collection account holders and other
10users of toll collection, deducting toll charges from the
11account of an account holder, enforcing toll collection
12laws and related rules and regulations or enforcing the
13provisions of an account holder agreement.
16(7) An imposition of liability pursuant to this section
17shall not be deemed a conviction of an owner and shall not be
18made part of the motor vehicle operating record of the person
19upon whom the liability is imposed, nor shall it be
20considered in the provision of motor vehicle insurance
22(8) An owner that admits, is found liable or fails to
23respond to the notice of violation for a violation of this
24section shall be civilly liable to the commission or tolling
25entity as defined in 75 Pa.C.S. § 1380(j) (relating to
26suspension of registration upon unpaid tolls) for [all of]
1(B) the maximum toll from the farthest point of
2entry on the [Pennsylvania Turnpike] tolled facility
3to the actual point of exit if the amount of the toll
4evaded or attempted to be evaded cannot be
6(ii) [A reasonable administrative fee not to exceed
7$35 per notification.] Fees and costs in an amount
8sufficient to cover the reasonable costs of collecting
9the amounts under subparagraph (i) but no greater than an
10amount set by the commission or its authorized agent or
11tolling entity as defined in 75 Pa.C.S. § 1380(j).
12(8.1) The following shall apply:
13(i) Upon failure of an owner, operator or lessee to
14pay the amount, fee and cost imposed under paragraph (8),
15the commission or its authorized agent shall send to the
16owner, operator or lessee a notice of any toll evasion
17violation setting forth the outstanding unpaid tolls and
18administrative fees and costs due to the commission and
19meeting the requirements of paragraph (1).
20(ii) The department shall suspend the registration
21of a vehicle upon the notification from the commission or
22its authorized agent that the statutory owner or
23registrant of the vehicle has failed to pay or defaulted
24in the payment of six or more violations issued under
25subsection (a)(1) or incurred unpaid tolls or
26administrative fees or costs that total a minimum of
27$500. The suspension shall not be construed to limit the
28commission's or its authorized agent's ability to recoup
29tolls, administrative fees or costs.
30(iii) Prior to notifying the department under
1subparagraph (iv), the commission or its authorized agent
2shall provide the statutory owner or registrant written
3notice by first class mail of its intent to seek
4suspension of the vehicle registration under this section
5and afford the statutory owner or registrant with the
6opportunity to be heard during an administrative
8(iv) The following shall apply:
9(A) No sooner than 30 days after mailing the
10notice required under subparagraph (iii), the
11commission or its authorized agent may notify the
12department electronically, in a format prescribed by
13the department, if a statutory owner or registrant
14fails to respond, fails to pay, defaults in payment
15of six or more violations issued under subsection (a)
16(1) or incurs unpaid tolls or administrative fees or
17costs that total a minimum of $500.
18(B) If a notice has been provided under clause
19(A) and all of the violations are subsequently paid,
20dismissed, reversed on appeal or canceled, the
21commission or its authorized agent shall notify the
22department electronically, in a format prescribed by
23the department, of the disposition of the violation
24and shall provide the statutory owner or registrant
25with a release from the suspension.
26(v) A suspension under subparagraph (ii) shall
27continue until the department receives notice from the
28commission or its authorized agent that all of the
29violations are paid, dismissed, reversed on appeal or
30canceled or the defendant enters into an agreement with
1the commission or its authorized agent to make
2installment payments for the tolls, administrative fees
3and costs imposed and pays the fee prescribed under 75
4Pa.C.S. § 1960 (relating to reinstatement of operating
5privilege or vehicle registration), except that the
6suspension may be reimposed by the department if the
7defendant fails to make regular installment payments.
8(vi) The department shall impose an additional
9period of registration suspension if, subsequent to the
10issuance of a suspension under subparagraph (ii), and
11prior to the restoration of the registration, the
12department is notified by the commission or its
13authorized agent that the statutory owner or registrant
14has failed to respond, failed to pay or defaulted in the
15payment of an additional violation issued under
24(c) Placement of electronic toll collection device.--An
25electronic toll collection device which is affixed to the front
26windshield of a vehicle in accordance with the rules or
27regulations of the commission shall not be deemed to constitute
28a violation of 75 Pa.C.S. § 4524 (relating to windshield
29obstructions and wipers).
30(d) Privacy of electronic toll collection account holder
2(1) Except as set forth under paragraph (2),
3notwithstanding any other provision of law, all of the
4following apply to information kept by the commission, its
5authorized agents or its employees which is related to the
6account of an electronic toll collection system account
8(i) The information shall be for the exclusive use
9of the commission, its authorized agents, its employees
10and law enforcement officials for the purpose of
11discharging their duties pursuant to this section and the
12rules or regulations of the commission. This subparagraph
13includes names, addresses, account numbers, account
14balances, personal financial information, credit card
15information, vehicle movement records and other
16information compiled from transactions with the account
18(ii) The information shall not be deemed a public
19record under the Right-to-Know Law, nor shall it be
20discoverable by court order or otherwise or be offered in
21evidence in any action or proceeding which is not
22directly related to the discharge of duties under this
23section, the rules or regulations of the commission or a
24violation of an account holder agreement.
27(i) Preclude a court of competent jurisdiction from
28issuing an order directing that the information be
29provided to law enforcement officials if the information
30is reasonably described and is requested solely in
1connection with a criminal law enforcement action.
6(iii) Prohibit the use of the information
7exclusively for the purpose of billing electronic toll
8collection account holders, deducting toll charges from
9the account of an account holder, enforcing toll
10collection laws and related rules or regulations or
11enforcing the provisions of an account holder agreement.
12(d.1) Temporary regulations.--Notwithstanding any other law,
13regulations promulgated by the commission during the two years
14following the effective date of this subsection shall be deemed
15temporary regulations which shall expire no later than three
16years following the effective date of this subsection or upon
17promulgation of final regulations. The temporary regulations
18shall not be subject to any of the following:
24(e) [Definition.--As used in this section, the term "owner"
25means any person, corporation, firm, partnership, agency,
26association, organization or lessor that, at the time a vehicle
27is operated in violation of this section or regulations of the
29(1) is the beneficial or equitable owner of the vehicle;
30(2) has title to the vehicle; or
1(3) is the registrant or coregistrant of the vehicle
2registered with the department or a comparable agency of
3another jurisdiction or uses the vehicle in its vehicle
4renting or leasing business. The term includes a person
5entitled to the use and possession of a vehicle subject to a
6security interest in another person.] Definitions.--As used
7in this section, the following words and phrases shall have
8the meanings given to them in this subsection unless the
9context clearly indicates otherwise:
10"Owner." As follows:
11(1) A person, corporation, firm, partnership, agency,
12association, organization, governmental entity or lessor
13that, at the time a vehicle is operated in violation of this
14section or rules or regulations of the commission, meets any
15of the following:
18(ii) Has title to the vehicle.
19(iii) Is the registrant or coregistrant of the
20vehicle registered with the department or a comparable
21agency of another jurisdiction or uses the vehicle in its
22vehicle renting or leasing business.
29§ 9110. Public-private transportation partnership agreement.
30* * *
1(f) User fees.--A provision establishing whether user fees
2will be imposed for use of the public-private transportation
3project and the basis by which any user fees will be imposed and
4collected shall be determined in the public-private
5transportation partnership agreement. If a user fee is proposed
6as part of the public-private transportation project, a
7proprietary public entity shall include provisions in the
8agreement that authorize the collection of user fees, tolls,
9fares or similar charges, including provisions that:
10* * *
11(5) In the event an operator of a vehicle fails to pay
12the prescribed toll or user fee at any location on a public-
13private transportation project where tolls or user fees are
14collected by means of an electronic or other automated or
15remote form of collection, the collection provisions of
16section 8117 (relating to [electronic] toll collection) shall
17apply except that the development entity shall possess all of
18the rights, roles, limitations and responsibilities of the
19Pennsylvania Turnpike Commission.
20* * *
21Section 12. Title 74 is amended by adding chapters to read:
269202. Maintenance agreement.
27§ 9201. Definitions.
3"Municipality." A city, borough, town or township.
14§ 9202. Maintenance agreement.
15(a) Agreement.--A municipality may enter into an agreement
16with the department to replace, synchronize and time traffic
17signals located within a designated traffic corridor. The terms
18of the agreement may specify that the municipality provide
19services to the department. The agreement shall not exceed the
20time period of the useful life of the traffic signals. The
21municipality shall, during the duration of the agreement,
22properly maintain and time the traffic signals in accordance
23with the agreement.
1subsection (a), the department shall provide written notice to
2all municipalities subject to the agreement no less than 60 days
3prior to taking any action to correct the improper maintenance
4and timing. The written notice shall specify the maintenance and
5timing deficiencies that are to be corrected.
6(1) A municipality subject to the agreement under
7subsection (a) shall have 60 days to correct the deficiencies
8contained in the written notice or to contest, in writing,
9the findings of the department within 30 days of receipt of
10the written notice.
14(3) A municipality that contests the deficiencies
15specified in the written notice shall have 30 days to enter
16into an agreement with the department related to the
17deficiencies specified in the written notice.
18(4) If the department and the municipality do not enter
19into an agreement under paragraph (3), the department and the
20municipality shall agree to binding arbitration with a civil
21engineer licensed by the Commonwealth who has substantial
22experience in traffic engineering. The engineer may not be
23under contract with the department or municipality or
25(d) Failure of municipality to perform.--If a municipality
26that has entered into an agreement with the department under
27subsection (a) fails to meet the requirements of subsection (c)
28(1) or (2), the department may take action to correct the
29deficiencies specified in the notice under subsection (c).
30(e) Payment for failure to correct deficiencies.--If the
1department takes action under subsection (c), the department may
2deduct the actual costs of correcting the deficiencies in
3maintenance and timing from the payments made to the
4municipality under the act of June 1, 1956 (1955 P.L.1944,
5No.655), referred to as the Liquid Fuels Tax Municipal
6Allocation Law, and 75 Pa.C.S. Chs. 89 (relating to Pennsylvania
7Turnpike) and 95 (relating to taxes for highway maintenance and
10BRIDGE BUNDLING PROGRAM
139302. Bundling authorization.
149303. Bridge Bundling Program.
159304. Grant limitation exceptions.
16§ 9301. Definitions.
29"Program." The Bridge Bundling Program.
30§ 9302. Bundling authorization.
5§ 9303. Bridge Bundling Program.
14(1) Are within geographical proximity to each other.
15(2) Are of similar size or design.
25(3) Following notification from the department, a local
26government shall have 60 days to agree or refuse
27participation in the program. Failure to respond in writing
28within 60 days shall be considered a refusal to participate
29in the program.
30(4) Based on the response from local governments under
1paragraph (3), the department shall make a final
2determination of bridges to be designed and constructed under
3the program and provide a list to the appropriate planning
4organizations for inclusion in lists of funded projects.
5(4.1) A determination shall not be:
6(i) considered to an adjudication under 2 Pa.C.S.
7Chs. 5 Subch. A (relating to practice and procedure of
8Commonwealth agencies) and 7 Subch. A (relating to
9judicial review of Commonwealth agency action); and
10(ii) appealable to the department or a court of law.
11(5) The following shall apply:
12(i) A local government that agrees to participate in
13the program for one or more of its bridges that qualify
14for the program must enter into an agreement with the
15department. The agreement shall define the department's
16responsibility for the design and construction of the
17bridges and the continuing ownership and maintenance
18responsibilities of the local government for the local
19bridges replaced or rehabilitated under this program.
3§ 9304. Grant limitation exceptions.
7(b) Nonparticipation.--Notwithstanding section 2(c) of the
8bridge budget act, a local government with bridges that are
9recommended for participation in the program which refuses to
10participate in the program shall be required to pay 30% of the
11non-Federal share of the costs for those local bridges.
15§ 1307. Period of registration.
16(a) Staggered renewal system to be established.--The
17department shall establish a system of staggered registration
18renewal in a manner that an approximately equal number of
19registrations will expire every month throughout [the year] a
20two-year period. In order to implement and maintain the
21staggered registration system, the department may prorate annual
22registration fees over registration periods of from [6 to] 18 to
24(a.1) Seasonal registration.--Upon application on a form
25prescribed by the department, the owner or lessee of a passenger
26car, recreational motor vehicle, motorcycle, truck or farm
27vehicle which does not have a gross vehicle weight rating of
28more than 10,000 pounds may register the vehicle with the
29department for a period of successive months of less than [one
30year] two years. The applicant shall specify the period of
1months during which the vehicle shall be registered. Except when
2the department initially converts a currently valid [annual]
3registration to a seasonal registration, the [annual] fee
4prescribed for the vehicle by Chapter 19 (relating to fees)
5shall be paid in full by the applicant regardless of the number
6of months chosen for registration by the applicant. Upon receipt
7of the appropriate fee and the properly completed form,
8including all information required by this chapter, the
9department shall issue a seasonal registration that shall expire
10on the last day of the expiration month chosen by the
11registrant. No insurer of a vehicle belonging to any owner or
12lessee who obtains a seasonal registration and who applies for
13or receives a reduced automobile insurance premium on account
14thereof shall be required to provide any contractual coverage,
15whether in the form of the provision of a defense or the payment
16of first-party or third-party benefits or otherwise, to the
17owner or lessee in connection with any event occurring during
18that part of the [year] registration period in which the vehicle
19is not registered; and such owner or lessee shall be treated for
20all purposes, including, without limitation, ascertaining rights
21to stack coverages and to uninsured and underinsured motorist
22coverage, as a person who does not own that vehicle and has no
23duty to carry financial responsibility on it for that part of
24the [year] registration period.
25(b) New registration.--A new registration is effective on
26the date of issuance of a registration card by the department or
27the date of issuance of a temporary registration card by an
28authorized agent of the department under section 1310 (relating
29to temporary registration cards). Except as otherwise provided
30under this chapter, a new registration shall expire two years
1after the last day of the month preceding either the date of
2issuance of a registration card by the department or the date of
3issuance of a temporary registration card by either the
4department or an authorized agent of the department, whichever
6(c) Renewal of registration.--A renewed registration shall
7be effective on issuance by the department of a renewed
8registration card. Except as otherwise provided under this
9chapter, a renewed registration shall expire as follows:
10(1) If a registration is renewed before two months have
11elapsed since its scheduled expiration, the renewed
12registration shall expire two years after the last day of the
13month in which it had been scheduled to expire.
14(2) If a registration is renewed after two months have
15elapsed since expiration, the renewed registration shall
16expire two years after the last day of the month preceding
17the date of issuance of the renewed registration.
18* * *
22Section 14. Section 1353 of Title 75 is amended to read:
23§ 1353. Preserve our heritage registration plate.
24The department, in consultation with the Pennsylvania
25Historical and Museum Commission, shall design a special
26preserve our heritage registration plate. Upon receipt of an
27application, accompanied by a fee of [$35] $54 which shall be in
28addition to the annual registration fee, the department shall
29issue the plate for a passenger car, motor home, trailer or
30truck with a registered gross weight of not more than 10,000
3Section 15. Section 1354 of Title 75 is repealed:
4[§ 1354. Flagship Niagara commemorative registration plate.
5(a) Plate.--The department, in consultation with the
6Pennsylvania Historical and Museum Commission, shall design a
7Flagship Niagara commemorative registration plate. Upon
8application of any person, accompanied by a fee of $35 which
9shall be in addition to the annual registration fee, the
10department shall issue the plate for a passenger car, motor
11home, trailer or truck with a registered gross weight of not
12more than 10,000 pounds.
13(b) Use of fee.--Of each fee paid under subsection (a), $15
14shall be deposited into the Flagship Niagara Account, which is
15established as a special account in the Historical Preservation
16Fund of the Pennsylvania Historical and Museum Commission. The
17commission shall administer the account as follows:
25§ 1355. Zoological plate.
26The department, in consultation with the Pennsylvania
27Zoological Council, shall design a special zoological
28registration plate. Upon application of any person, accompanied
29by a fee of [$35] $54 which shall be in addition to the annual
30registration fee, the department shall issue the plate for a
1passenger car, motor home, trailer or truck with a registered
2gross weight of not more than 10,000 pounds. The Zoological
3Enhancement Fund shall receive $15 of the fee paid by the
4applicant for the plate.
5§ 1358. DARE plate.
6The department, in consultation with the Pennsylvania
7Commission on Crime and Delinquency, shall design a special drug
8abuse resistance education (DARE) registration plate which
9utilizes the DARE logo or slogan in the design. Upon application
10of any person, accompanied by a fee of [$35] $53 which shall be
11in addition to the annual registration fee, the department shall
12issue the plate for a passenger car, motor home, trailer or
13truck with a registered gross weight of not more than 10,000
14pounds. The Drug Abuse Resistance Education Program shall
15receive $15 of each additional fee for this plate.
18§ 1380. Suspension of registration upon unpaid tolls.
19(a) Suspension of registration.--
23(i) failed to pay or defaulted in the payment of six
24or more violations issued pursuant to 74 Pa.C.S. §
258117(a)(1) (relating to electronic toll collection) or
26other laws, regulations, ordinances or other standards
27applicable to the toll collection or payment requirements
28for a tolling entity; or
1regardless of the number of violations.
6(b) Notice.--Prior to notifying the department under
7subsection (c), the tolling entity shall provide the owner or
8registrant written notice by first class mail of its intent to
9seek suspension of the vehicle registration pursuant to this
10section and afford the owner or registrant with the opportunity
11to be heard during an administrative proceeding.
12(c) Notice to the department.--Not sooner than 30 days after
13mailing the notice under subsection (b), the tolling entity,
14provided it has entered into an agreement with the department to
15enforce the provisions of this section, may notify the
16department electronically in a format prescribed by the
17department whenever an owner or registrant meets the
18requirements for suspension under subsection (a)(1). When a
19tolling entity has provided notice under this subsection and all
20of the violations are subsequently paid, dismissed, reversed on
21appeal or canceled, the tolling entity shall notify the
22department electronically in a format prescribed by the
23department of the disposition of the violation and shall provide
24the owner or registrant with a release from the suspension.
25(d) Period of suspension.--A suspension under subsection (a)
26shall continue until the department receives notice from the
27tolling entity that the violations are paid, dismissed, reversed
28on appeal or canceled or the owner or registrant enters into an
29agreement with the tolling entity to make installment payments
30for tolls, administrative fees and costs imposed and pays the
1fee prescribed in section 1960 (relating to reinstatement of
2operating privilege or vehicle registration), provided that the
3suspension may be reimposed by the department if the owner or
4registrant fails to make regular installment payments.
5(e) Additional suspension.--The department shall impose an
6additional period of registration suspension if, subsequent to
7the issuance of a suspension under subsection (a) but prior to
8the restoration of the registration, the department is notified
9by the tolling entity that the owner or registrant has failed to
10pay, failed to respond or defaulted in the payment of an
11additional violation issued pursuant to 74 Pa.C.S. § 8117(a)(1).
12(f) Violations outside Commonwealth.--The department shall
13suspend the registration of a vehicle upon the notification from
14a tolling entity that has entered into an enforcement agreement
15with the department as authorized under section 6146 (relating
16to enforcement agreements) for any toll violation of that state
17or an authority or for failure to pay any fine or costs imposed
18in accordance with the laws of the jurisdiction in which the
19violation occurred. A person who provides proof satisfactory to
20the department that the full amount of the fine and costs has
21been forwarded to and received by the other state may not be
22regarded as having failed to pay for the purposes of this
24(g) Documentation.--In any proceeding under this section,
25documents obtained by the department from a tolling entity or
26from the appropriate agency of the Commonwealth or another state
27shall be admissible into evidence to support the department's
28case. In addition, the department may treat the documents and
29reports as documents of the department and use any of the
30methods of storage permitted under the provisions of 42 Pa.C.S.
1§ 6109 (relating to photographic copies of business and public
2records) and may reproduce the documents in accordance with the
3provisions of 42 Pa.C.S. § 6103 (relating to proof of official
4records). The department may certify that it has received or
5obtained documents and reports from a tolling entity, the
6Commonwealth or other states, and the certification shall be
7prima facie proof of the facts contained in the documents and
9(h) Three-year statute of limitations.--No suspension may be
10imposed based upon a violation of 74 Pa.C.S. § 8117(a)(1) or
11similar provision from another state more than three years after
12the violation is committed.
13(i) Collection of out-of-State tolls.--The department or a
14tolling agency may collect the civil penalties and tolls imposed
15by an out-of-State tolling entity if the department or tolling
16entity has entered into a reciprocity agreement that confirms
17all of the following:
18(1) The other state or tolling entity has its own
19effective reciprocal procedures for collecting penalties and
20tolls imposed by a Commonwealth tolling entity and agrees to
21collect penalties and tolls of the Commonwealth tolling
22entity by employing sanctions that include denial of a
23person's right to register or reregister a motor vehicle.
24(2) The penalties, exclusive of tolls, claimed by the
25other state or tolling entity against an owner of a motor
26vehicle registered in Pennsylvania do not exceed $100 for a
27first violation or $600 for all pending violations.
2(4) An owner of a motor vehicle registered in this
3Commonwealth may present evidence to the other state or
4tolling entity by mail, telephone, electronic means or other
5means to invoke rights of due process, without having to
6appear personally in the jurisdiction where the violation is
7alleged to have occurred.
8(5) The reciprocal collection agreement between the
9department or a tolling entity and the other state or tolling
10entity provides that each party may charge the other a fee
11sufficient to cover the costs of collection services,
12including costs incurred by the agency that registers motor
14(j) Definition.--As used in this section, the term "tolling
15entity" means the Pennsylvania Turnpike Commission, an entity
16authorized to impose and collect tolls in accordance with the
17laws of Pennsylvania, including 74 Pa.C.S. Ch. 91 (relating to
18public-private transportation partnerships) or the laws of
19another state or states and any authorized agent of such an
23§ 1514. Expiration and renewal of drivers' licenses.
24(a) General rule.--Every driver's license shall expire on
25the day after the licensee's birthdate at intervals of not more
26than [four] six years as may be determined by the department.
27Every license shall be renewable on or before its expiration
28upon application, payment of the required fee, and satisfactory
29completion of any examination required or authorized by this
1(a.1) Hazardous materials endorsement.--A driver's license
2containing a hazardous materials endorsement shall expire on the
3day after the licensee's birthday not less than 49 months nor
4more than 60 months from the date of validation by the
6(a.2) Staggered renewals.--The department shall establish a
7system of staggered driver's license renewal in a manner that an
8approximately equal number of driver's licenses will expire
9annually throughout an eight-year period. In order to implement
10and maintain the staggered driver's license renewal system, the
11department may issue driver's licenses for periods of 37 to 96
12months. The department shall pro rate the fees imposed under
13Chapter 19 (relating to fees) as appropriate.
14* * *
15(e) Noncitizen license expiration and renewal.--
16(1) Except as otherwise provided, a license issued on
17the basis of Immigration and Naturalization Service (INS)
18credentials or documents shall expire on the date appearing
19on the INS credentials or documents provided by the applicant
20under section 1506(a.1) (relating to application for driver's
21license or learner's permit).
22(2) If the expiration date of the INS credentials or
23documents exceeds [four] six years, the license shall expire
24one day after the applicant's date of birth but not more than
25[four] six years from the date of issuance of the license.
10§ 1553. Occupational limited license.
11* * *
15* * *
16§ 1554. Probationary license.
17* * *
18(c) Fee.--The fee for applying for a probationary license
19shall be [$25] $35. The fee shall be nonrefundable. The annual
20fee for issuance of a probationary license shall be [$50] $75,
21plus the cost of the photograph required in section 1510(a)
22(relating to issuance and content of driver's license), which
23shall be in addition to all other licensing fees.
24* * *
25§ 1617. Fees.
26Fees relating to commercial drivers' licenses to be collected
27by the department under this chapter shall be in addition to any
28other fees imposed under the provisions of this title and are as
30(1) The annual fee for a commercial driver's license
1designation shall be [$10] $20.
2(2) In addition to any other restoration fee required by
3this title, an additional restoration fee of [$50] $100 shall
4be assessed and collected before reinstating a commercial
5driver's operating privilege following a suspension or
6revocation under this title or disqualification under this
8(3) If the commercial driving privilege of a driver is
9disqualified, a Class C noncommercial or M license, if the
10driver possesses the motorcycle qualification, may be
11obtained upon payment of the fees associated with obtaining a
13(4) An additional fee of [$10] $15 shall be imposed for
14the initial issuance or renewal of a commercial driver's
15license with an "H" or "X" endorsement, in addition to the
16cost of a criminal history background check as required by
17the USA Patriot Act of 2001 (Public Law 107-56, 115 Stat.
19§ 1786. Required financial responsibility.
20* * *
21(d) Suspension of registration and operating privilege.--
22(1) The Department of Transportation shall suspend the
23registration of a vehicle for a period of three months if it
24determines the required financial responsibility was not
25secured as required by this chapter and shall suspend the
26operating privilege of the owner or registrant for a period
27of three months if the department determines that the owner
28or registrant has operated or permitted the operation of the
29vehicle without the required financial responsibility. The
30operating privilege shall not be restored until the
4(1.1) In lieu of serving a registration suspension
5imposed under this section, an owner or registrant may pay to
6the department a civil penalty of $500, the restoration fee
7prescribed under section 1960 and furnish proof of financial
8responsibility in a manner determined by the department.
9(2) Whenever the department revokes or suspends the
10registration of any vehicle under this chapter, the
11department shall not restore or transfer the registration
12until the suspension has been served or the civil penalty has
13been paid to the department and the vehicle owner furnishes
14proof of financial responsibility in a manner determined by
15the department and submits an application for registration to
16the department, accompanied by the fee for restoration of
17registration provided by section 1960. This subsection shall
18not apply in the following circumstances:
19(i) The owner or registrant proves to the
20satisfaction of the department that the lapse in
21financial responsibility coverage was for a period of
22less than 31 days and that the owner or registrant did
23not operate or permit the operation of the vehicle during
24the period of lapse in financial responsibility.
25(ii) The owner or registrant is a member of the
26armed services of the United States, the owner or
27registrant has previously had the financial
28responsibility required by this chapter, financial
29responsibility had lapsed while the owner or registrant
30was on temporary, emergency duty and the vehicle was not
1operated during the period of lapse in financial
2responsibility. The exemption granted by this paragraph
3shall continue for 30 days after the owner or registrant
4returns from duty as long as the vehicle is not operated
5until the required financial responsibility has been
7(iii) The insurance coverage has terminated or
8financial responsibility has lapsed simultaneously with
9or subsequent to expiration of a seasonal registration,
10as provided in section 1307(a.1) (relating to period of
12(3) An owner whose vehicle registration has been
13suspended under this subsection shall have the same right of
14appeal under section 1377 (relating to judicial review) as
15provided for in cases of the suspension of vehicle
16registration for other purposes. The filing of the appeal
17shall act as a supersedeas, and the suspension shall not be
18imposed until determination of the matter as provided in
19section 1377. The court's scope of review in an appeal from a
20vehicle registration suspension shall be limited to
24(ii) there has been either notice to the department
25of a lapse, termination or cancellation in the financial
26responsibility coverage as required by law for that
27vehicle or that the owner, registrant or driver was
28requested to provide proof of financial responsibility to
29the department, a police officer or another driver and
30failed to do so. Notice to the department of the lapse,
1termination or cancellation or the failure to provide the
2requested proof of financial responsibility shall create
3a presumption that the vehicle lacked the requisite
4financial responsibility. This presumption may be
5overcome by producing clear and convincing evidence that
6the vehicle was insured at all relevant times.
7(4) Where an owner or registrant's operating privilege
8has been suspended under this subsection, the owner or
9registrant shall have the same right of appeal under section
101550 (relating to judicial review) as provided for in cases
11of suspension for other reason. The court's scope of review
12in an appeal from an operating privilege suspension shall be
13limited to determining whether:
16(ii) the owner or registrant operated or permitted
17the operation of the same vehicle when it was not covered
18by financial responsibility. The fact that an owner,
19registrant or operator of the motor vehicle failed to
20provide competent evidence of insurance or the fact that
21the department received notice of a lapse, termination or
22cancellation of insurance for the vehicle shall create a
23presumption that the vehicle lacked the requisite
24financial responsibility. This presumption may be
25overcome by producing clear and convincing evidence that
26the vehicle was insured at the time that it was driven.
27(5) An alleged lapse, cancellation or termination of a
28policy of insurance by an insurer may only be challenged by
29requesting review by the Insurance Commissioner pursuant to
30Article XX of the act of May 17, 1921 (P.L.682, No.284),
1known as The Insurance Company Law of 1921. Proof that a
2timely request has been made to the Insurance Commissioner
3for such a review shall act as a supersedeas, staying the
4suspension of registration or operating privilege under this
5section pending a determination pursuant to section 2009(a)
6of The Insurance Company Law of 1921 or, in the event that
7further review at a hearing is requested by either party, a
8final order pursuant to section 2009(i) of The Insurance
9Company Law of 1921.
12(1) An owner of a motor vehicle who ceases to maintain
13financial responsibility on a registered vehicle shall not
14operate or permit operation of the vehicle in this
15Commonwealth until proof of the required financial
16responsibility has been provided to the Department of
18(2) An insurer who has issued a contract of motor
19vehicle liability insurance, or any approved self-insurance
20entity, shall notify the department [in a timely manner] of
21such issuance within 24 hours and in a method prescribed by
22the [department's regulations. Upon request of an owner or
23registrant in the case of an appeal brought by an owner or
24registrant for suspension under this section, an insurer
25shall provide a copy of the notice of cancellation or a copy
26of the insurer's filing procedures with proof that the notice
27was written in the normal course of business and placed in
28the normal course of mailing. The department shall not be
29required to produce such copy or any other proof that notice
30of termination, lapse or cancellation was provided to the
3(2.1) Upon request by the department, an insurer shall
4notify the department of all vehicles for which it is
5providing vehicle liability insurance on the date of the
6request. The insurer shall submit the information as
7prescribed by the department.
8(3) An insurer who has issued a contract of motor
9vehicle liability insurance [and knows or has reason to
10believe that the contract is only for the purpose of
11providing proof of financial responsibility] shall notify the
12department if the insurance has lapsed or been canceled or
13terminated by the insured or by the insurer. The insurer
14shall notify the department not later than ten days following
15the effective date of the cancellation or termination. Upon
16request of a motor vehicle owner or in the case of an appeal
17brought by an owner or registrant for suspension under this
18section, an insurer shall provide a copy of the notice of
19termination, lapse or cancellation or a copy of the insurer's
20filing procedures with proof that the notice was written in
21the normal course of business and placed in the normal course
22of mailing. The department shall not be required to produce
23the copy or any other proof that notice of termination, lapse
24or cancellation was provided to the owner or registrant in
25order to satisfy the burden of proof in a proceeding under
27(4) A person who, after maintaining financial
28responsibility on the vehicle of another person, ceases to
29maintain such financial responsibility shall immediately
30notify the vehicle's owner who shall not operate, or permit
1operation of, the vehicle in this Commonwealth.
2(5) In the case of a person who leases any motor vehicle
3from a person engaged in the business of leasing motor
4vehicles, the lessee shall sign a statement indicating that
5the required financial responsibility has been provided
6through the lessor or through the lessee's motor vehicle
7liability insurance policy coverage. The lessee shall submit
8the statement to the lessor.
12(7) Certification by the department that it was unable
13to verify the existence of insurance shall be admissible into
14evidence, shall be prima facie evidence of the absence of
15required financial responsibility for purposes of this
16section and shall establish a presumption that the coverage
17does not exist.
18* * *
19§ 1904. Collection and disposition of fees and moneys.
20[The] (a) General rule.--Except as provided under this
21section, the department shall collect all fees payable under
22this title and all other moneys received in connection with the
23administration of this title and transmit them to the State
24Treasurer for deposit in the Motor License Fund. Moneys paid in
25error may be refunded by the department.
26(b) Disposition.--Fees collected under sections 1951(c)
27(relating to driver's license and learner's permit), 1952
28(relating to certificate of title), 1953 (relating to security
29interest), 1955 (relating to information concerning drivers and
30vehicles), 1956 (relating to certified copies of records) and
13(c) Automatic three-year adjustment.--For the 36-month
14period beginning July 1, 2016, through June 30, 2019, and for
15each like 36-month period thereafter, all fees charged under
16this title shall be increased by an amount calculated by
17applying the percentage change in the Consumer Price Index for
18All Urban Consumers (CPI-U) for the most recent 36-month period,
19calculated from March 1 through February 28, beginning on the
20date the fees charged under this title were last increased and
21for which figures have been officially reported by the United
22States Department of Labor, Bureau of Labor Statistics,
23immediately prior to the date the adjustment is due to take
24effect, to the then current fee amounts authorized.
25§ 1911. Annual registration fees.
26(a) General rule.--[An annual] A fee for the registration of
27vehicles as provided in Chapter 13 (relating to the registration
28of vehicles) shall be charged by the department as provided in
30(b) Department to establish certain fees.--If a vehicle to
1be registered is of a type not specifically provided for by this
2title and is otherwise eligible for registration, the department
3shall determine the most appropriate fee or fee schedule for the
4vehicle or type of vehicle based on such factors as design and
6§ 1912. Passenger cars.
9§ 1913. Motor homes.
Weight in Pounds
8,000 or less
8,001 - 11,000
11,001 or more
18§ 1914. Motorcycles.
21§ 1915. Motor-driven cycles.
24§ 1916. Trucks and truck tractors.
25(a) General rule.--
Gross or Combination
Weight in Pounds
5,000 or less
5,001 - 7,000
7,001 - 9,000
9,001 - 10,000
10,001 - 11,000
11,001 - 14,000
14,001 - 17,000
17,001 - 21,000
21,001 - 26,000
26,001 - 30,000
30,001 - 33,000
33,001 - 36,000
36,001 - 40,000
40,001 - 44,000
44,001 - 48,000
48,001 - 52,000
52,001 - 56,000
56,001 - 60,000
60,001 - 64,000
64,001 - 68,000
68,001 - 73,280
73,281 - 76,000
76,001 - 78,000
78,001 - 78,500
78,501 - 79,000
79,001 - 80,000
Gross or Combination
Weight in Pounds
5,000 or less
5,001 - 7,000
7,001 - 9,000
9,001 - 10,000
10,001 - 11,000
11,001 - 14,000
14,001 - 17,000
17,001 - 21,000
21,001 - 26,000
26,001 - 30,000
30,001 - 33,000
33,001 - 36,000
36,001 - 40,000
40,001 - 44,000
44,001 - 48,000
48,001 - 52,000
52,001 - 56,000
56,001 - 60,000
60,001 - 64,000
64,001 - 68,000
68,001 - 73,280
73,281 - 76,000
76,001 - 78,000
78,001 - 78,500
78,501 - 79,000
79,001 - 80,000
Amount Deposited in
Highway Bridge Improvement
10* * *
11§ 1917. Motor buses and limousines.
1626 or less
$  12 per seat
1727 - 51
 336 plus [$11.25]
2052 or more
21§ 1918. School buses and school vehicles.
24§ 1920. Trailers.
29Weight in Pounds
303,000 or less
$  23
13,001 - 10,000
210,001 or more
3(b) Optional five-year registration.--A trailer with a
4registered gross weight of 10,000 pounds or less may be
5registered for a period of five years upon payment by the
6registrant of the applicable fee for such period.
7(c) Optional permanent registration.--A trailer with a
8registered gross weight of 10,001 or more pounds may be
9registered for a one-time fee of [$135] $194 in lieu of the
10annual fee at the option of the registrant.
11§ 1921. Special mobile equipment.
14§ 1922. Implements of husbandry.
18§ 1923. Antique, classic and collectible vehicles.
23§ 1924. Farm vehicles.
27(b) Certificate of exemption.--The biennial processing fee
28for a certificate of exemption issued in lieu of registration of
29a farm vehicle shall be determined by the type of certificate
30issued and the gross weight or combination weight or weight
1rating according to the following table:
Weight in pounds
10,000 or less
greater than 10,000 and not
greater than 17,000
greater than 17,000
11§ 1925. Ambulances, taxis and hearses.
14§ 1926. Dealers and miscellaneous motor vehicle business.
24* * *
25§ 1926.1. Farm equipment vehicle dealers.
29§ 1927. Transfer of registration.
30The fee for transfer of registration shall be [$6] $9.
3The fee payable by a dealer or other dispensing agent for a
4temporary registration plate or for a registration plate to be
5issued for new registration processed electronically with the
6department shall be [$5] $14. The charge of the agent for
7providing an applicant with a plate under this section shall not
8exceed a total of [$10] $14.
9§ 1929. Replacement registration plates.
12§ 1930. Legislative registration plates.
13The fee for issuance of a legislative registration plate
14shall be [$20] $76 which shall be in addition to the annual
15registration fee. Only one payment of the issuance fee shall be
16charged for each legislative registration plate issued or
18§ 1931. Personal registration plates.
19The fee for issuance of a personal registration plate shall
20be [$20] $76 which shall be in addition to the annual
21registration fee. Only one payment of the issuance fee shall be
22charged for each personal registration issued or replaced.
23§ 1931.1. Street rod registration plates.
24The fee for the issuance of a street rod registration plate
25shall be [$20] $51 which shall be in addition to the annual
26registration fee. Only one payment of the issuance fee shall be
27charged for each street rod registration plate issued or
29§ 1932. Duplicate registration cards.
30The fee for each duplicate registration card when ordered at
1the time of vehicle registration, the transfer or renewal of
2registration or the replacement of a registration plate shall be
3[$1.50] $2. The fee for each duplicate registration card issued
4at any other time shall be [$4.50] $6.
5§ 1933. Commercial implements of husbandry.
9§ 1942. Special hauling permits as to weight and size.
21* * *
24§ 1943. Annual hauling permits.
25(a) Quarry equipment and machinery.--The annual fee for
26operation or movement of each piece of heavy quarry equipment or
27machinery, as provided for in section 4966 (relating to permit
28for movement of quarry equipment), shall be [$500] $706.
3(1) Oversized movements:
8(2) Overweight movements:
18(d) Multiple highway crossings.--The annual fee for a single
19permit for multiple highway crossings, as provided for in
20section 4965 (relating to single permits for multiple highway
21crossings), shall be [$300] $415.
22(e.1) Special mobile equipment.--The annual fee for hauling
23or towing each piece of special mobile equipment, as provided
24for in section 4975 (relating to permit for movement of special
25mobile equipment), shall be [$200] $300.
26(f) Containerized cargo.--The annual company fee for
27movement of any combination with overweight containerized cargo
28as provided for in section 4974 (relating to permit for movement
29of containerized cargo) shall be:
30(1) [$100] $155 for a motor carrier requesting permits
1for up to 15 truck tractors.
10(g) Domestic animal feed.--The annual fee for movement of
11each vehicle hauling domestic animal feed, in bulk, as provided
12for in section 4976 (relating to permit for movement of domestic
13animal feed) shall be [$400] $587.
17(h) Movement of wooden structures.--The annual fee for
18movement of wooden structures as provided for in section 4977
19(relating to permit for movement of wooden structures) shall be
21(i) Live domestic animals.--The annual permit fee for each
22truck tractor authorized to transport live domestic animals, as
23provided in section 4976.1 (relating to permit for movement of
24live domestic animals), shall be [$400] $520.
25(j) Building structural components.--The permit fee for each
26truck tractor authorized to transport building structural
27components, as provided in section 4978 (relating to permit for
28movement of building structural components), shall be [$100]
29$141 for each month the permit is valid.
30(k) Utility construction equipment.--The permit fee for
5(l) Particleboard or fiberboard.--The annual fee for
6movement of particleboard or fiberboard, as provided for in
7section 4979 (relating to permit for movement of particleboard
8or fiberboard used for the manufacture of ready-to-assemble
9furniture), shall be [$800] $1,130.
13(1) [$800] $1,130 for a distance up to 50 miles.
16(n) Waste coal and beneficial combustion ash.--The annual
17fee for the movement of waste coal and beneficial combustion
18ash, as provided for in section 4979.2 (relating to permit for
19movement of waste coal and beneficial combustion ash), shall be
21(o) Float glass or flat glass.--The annual fee for the
22movement of float glass or flat glass, as provided for in
23section 4979.3 (relating to permit for movement of float glass
24or flat glass for use in construction and other end uses), shall
25be [$800] $1,209.
26(p) Self-propelled cranes.--The annual permit fee for each
27self-propelled crane, as provided for in section 4979.4
28(relating to permit for movement of self-propelled cranes),
29shall be as follows:
30(1) Cranes not exceeding 100,000 pounds gross weight,
1prorated up to a maximum of [$400] $553.
7(q.1) Nonhazardous liquid glue.--The annual fee for the
8movement of nonhazardous liquid glue, as provided for in section
94979.5 (relating to permit for movement of nonhazardous liquid
10glue), shall be [$800] $1,000.
14(r) Excess damage permit.--The annual fee for excess damage
15permits, as provided for in section 4961(d) (relating to
16authority to issue permits), shall be [$500] $640 to cover the
17costs of administering the permit and inspections of the
24The fee for a special hauling permit for a mobile home,
25modular housing unit or modular housing undercarriage which
26exceeds the maximum size prescribed in this title but which does
27not exceed 14 feet in body width shall be [$25] $39. The fee for
28a special hauling permit for a mobile home or modular housing
29unit, as provided in section 4973 (relating to permits for
30movement of a mobile home or a modular housing unit and modular
1housing undercarriage), shall be [$50] $76.
2§ 1945. Books of permits.
3* * *
7§ 1947. Refund of certain fees.
11§ 1951. Driver's license and learner's permit.
12(a) Driver's license.--The driver's license fee [for each
13year or partial year] shall be [$5.25] $7 plus the cost of the
14photograph required in section 1510(a) (relating to issuance and
15content of driver's license).
16(a.1) Senior citizen.--The driver's license fee for each
17year or partial year for a senior citizen 65 years of age and
18older shall be $5.25 plus the cost of the photograph required
19under section 1510(a) (relating to issuance and content of
28§ 1952. Certificate of title.
1(b) Manufacturer's or dealer's notification.--The fee for a
2manufacturer's or dealer's notification of acquisition of a
3vehicle from another manufacturer or dealer for resale pursuant
4to section 1113 (relating to transfer to or from manufacturer or
5dealer) shall be [$3] $4.
6§ 1953. Security interest.
9§ 1955. Information concerning drivers and vehicles.
10(a) Drivers, registrations, titles and security interests.--
11The fee for a copy of written or electronic information relating
12to a driver, registration, title or security interest shall be
14* * *
15§ 1956. Certified copies of records.
16(a) Department records.--The fee for a certified copy of any
17department record which the department is authorized by law to
18furnish to the public shall be [$5] $19 for each form or
19supporting document comprising such record.
20(b) State Police reports.--The fee for a certified
21Pennsylvania State Police record of investigation of a vehicle
22accident which the Pennsylvania State Police are authorized by
23this title to furnish to the public shall be [$5] $19 for each
24copy of the Pennsylvania State Police full report of
26§ 1957. Uncollectible checks.
27Whenever any check issued in payment of any fee or for any
28other purpose is returned to the department as uncollectible,
29the department or municipality shall charge a fee of [$10] $38
30for each driver's license, registration, replacement of tags,
1transfer of registration, certificate of title, whether original
2or duplicate, special hauling permit and each other unit of
3issue by the department or municipality, plus all protest fees,
4to the person presenting the check, to cover the cost of
6§ 1958. Certificate of inspection.
7(a) General rule.--The department shall charge [$2] $5 for
8each annual certificate of inspection [and $1], $2 for each
9semiannual certificate of inspection and $2 for each certificate
11§ 1959. Messenger service.
25The department shall charge a fee of [$25] $70 or, if section
261379 (relating to suspension of registration upon sixth unpaid
27parking violation in cities of the first class) or 1786(d)
28(relating to required financial responsibility) applies, a fee
29of [$50] $88 to restore a person's operating privilege or the
30registration of a vehicle following a suspension or revocation.
1§ 1961. Secure power of attorney.
7* * *
10* * *
11(d) Operation without identification markers unlawful.--
12Except as provided in paragraphs (2) and (3), it shall be
13unlawful to operate or to cause to be operated in this
14Commonwealth any qualified motor vehicle unless the vehicle
15bears the identification markers required by this section or
16valid and unrevoked IFTA identification markers issued by
17another IFTA jurisdiction.
18(1) The Secretary of Revenue may by regulation exempt
19from the requirement to display the identification markers
20those qualified motor vehicles which in his opinion are
21clearly identifiable such that effective enforcement of this
22chapter will not suffer thereby.
23(2) For a period not exceeding 30 days as to any one
24motor carrier, the Secretary of Revenue by letter or telegram
25may authorize the operation of a qualified motor vehicle or
26vehicles without the identification markers required when
27both the following are applicable:
16(3) A motor carrier may, in lieu of paying the tax
17imposed and filing the tax report required by Chapter 96 and
18in lieu of complying with any other provisions of this
19section that would otherwise be applicable as a result of the
20operation of a particular qualified motor vehicle, obtain
21from the Department of Revenue a trip permit authorizing the
22carrier to operate the qualified motor vehicle for a period
23of five consecutive days. The Department of Revenue shall
24specify the beginning and ending days on the face of the
25permit. The fee for a trip permit for each qualified motor
26vehicle is [$50] $73 which shall be deposited in the Highway
27Bridge Improvement Restricted Account within the Motor
28License Fund. The report otherwise required under Chapter 96
29is not required with respect to a vehicle for which a trip
30permit has been issued under this subsection.
1* * *
4§ 3111. Obedience to traffic-control devices.
5* * *
18* * *
21§ 6110. Regulation of traffic on Pennsylvania Turnpike.
22* * *
24(1) Except as otherwise provided in this subsection, any
25person violating any of the rules and regulations of the
26Pennsylvania Turnpike Commission for which no penalty has
27otherwise been provided by statute commits a summary offense
28and shall, upon conviction, be sentenced to pay a fine of
30(2) Any person violating any of the rules and
1regulations of the commission prohibiting fare evasion or
2attempted fare evasion commits a summary offense and shall,
3upon conviction for the first time, be sentenced to pay a
4fine according to the classification by the commission of the
5vehicle driven by that person at the time of violation as
7(i) Class 1 through 2: [$100] $200.
8(ii) Class 3 through 6: [$500] $2,500.
9(iii) Class 7 and higher: [$1,000] $5,000.
10(3) In addition to the fines imposed under this
11subsection, restitution shall be made to the commission in an
12amount equal to the full fare, for the appropriate vehicle
13class, from the farthest point of entry on the turnpike to
14the actual point of exit.
15(3.1) (i) A person who, while traveling upon the
16Pennsylvania Turnpike or a road under its control, takes
17an affirmative action in an attempt to evade tolls
18commits a misdemeanor of the third degree, and shall,
19upon conviction, be sentenced to pay a fine of $6,500 and
20to undergo imprisonment for not less than 60 days. For
21the purposes of this subsection, affirmative action shall
22include any of the following:
25(B) Installation of a mechanism that rotates,
26changes, blocks or otherwise mechanically alters the
27ability of a license plate to be read by a violation
28enforcement system as defined under 74 Pa.C.S. § 8102
29(relating to definitions).
30(C) Installation of a mechanical apparatus upon
13(ii) A violation of this paragraph may not preclude
14prosecution under section 1332 (relating to display of
15registration plate), section 7122 (relating to altered,
16forged or counterfeit documents and plates) or section
177124 (relating to fraudulent use or removal of
22§ 6506. Surcharge.
23(a) Levy and imposition.--In addition to any fines, fees or
24penalties levied or imposed as provided by law, under this title
25or any other statute, a surcharge shall be levied for
26disposition in accordance with subsection (b) as follows:
27* * *
1(relating to registration of vehicles), 15 (relating to
2licensing of drivers), 16 (relating to commercial drivers),
317 (relating to financial responsibility), 19 (relating to
4fees), 21 (relating to motor carriers road tax identification
5markers), 31 (relating to general provisions), 33 (relating
6to rules of the road in general), 35 (relating to special
7vehicles and pedestrians), 37 (relating to miscellaneous
8provisions), 38 (relating to driving after imbibing alcohol
9or utilizing drugs), 41 (relating to equipment standards), 43
10(relating to lighting equipment), 45 (relating to other
11required equipment), 47 (relating to inspection of vehicles),
1249 (relating to size, weight and load), 61 (relating to
13powers of department and local authorities), 63 (relating to
14enforcement), 65 (relating to penalties and disposition of
15fines), 71 (relating to vehicle theft and related
16provisions), 73 (relating to abandoned vehicles and cargos),
1775 (relating to messenger service), 77 (relating to
18snowmobiles and all-terrain vehicles), 83 (relating to
19hazardous materials transportation), 90 (relating to liquid
20fuels and fuels tax), 94 (relating to liquid fuels and fuel
21use tax enforcement) or 96 (relating to motor carriers road
22tax), a surcharge of $100.
23* * *
29§ 7715.2. Fees.
30(a) Fees.--Except as provided in subsection (b), the
1department shall collect the following fees:
2(1) Certificate of title, [$22.50] $29.
3(2) Expiration sticker, [$20] $26.
4(2.1) Vintage snowmobile permit, $20.
5(3) Dealer registration, $25.
6(4) Replacement, due to loss or damage, of registration
7certificate, limited registration certificate, registration
8decal, registration plate, expiration sticker or vintage
9snowmobile permit, [$5] $7.
14* * *
18§ 8901. Definitions.
22"Annual additional payments." As follows:
26(i) $200,000,000 paid as annual base payments;
27(ii) any Interstate 80 savings for that fiscal year.
9(2) Two hundred million dollars payable annually through
10fiscal year 2020-2021 in four equal installments each due the
11last business day of each July, October, January and April.
12No annual base payments shall be due after fiscal year 2020-
14* * *
17(1) $750,000,000 in fiscal year 2007-2008.
18(2) $850,000,000 in fiscal year 2008-2009.
19(3) $900,000,000 in fiscal year 2009-2010.
20(4) For fiscal year 2010-2011 and each fiscal year
21thereafter through fiscal year 2020-2021, the amount shall be
22the amount calculated for the previous year increased by
232.5%, except that the amount shall be equal to the annual
24base payments plus $250,000,000 if the conversion notice is
25not received by the secretary prior to the expiration of the
26conversion period. No scheduled commission contribution
27annual additional payments shall be due after fiscal year
1§ 8915.6. Deposit and distribution of funds.
11(3.1) For fiscal year 2016-2017, $90,000,000.
15(b) Distribution.--The following shall apply:
19* * *
22§ 9002. Definitions.
26* * *
27"Average wholesale price." The average wholesale price per
28gallon of all taxable liquid fuels and fuels, excluding the
29Federal excise tax and all liquid fuels taxes, as determined by
30the Department of Revenue for the 12-month period ending on the
15* * *
18§ 9004. Imposition of tax, exemptions and deductions.
19(a) Liquid fuels and fuels tax.--A [permanent State tax of
2012¢ a gallon or fractional part thereof] State tax is imposed
21and assessed upon all liquid fuels and fuels used or sold and
22delivered by distributors within this Commonwealth[.] as
30* * *
1§ 9106. Dirt and gravel road maintenance.
2* * *
3(b) General rule.--Of the funds available under section
49502(a)(1) (relating to imposition of tax), [$1,000,000]
5$3,000,000 shall be annually distributed to the Department of
6Conservation and Natural Resources for the maintenance and
7mitigation of dust and sediment pollution from forestry roads.
8Funds in the amount of [$4,000,000] $12,000,000 shall be
9appropriated annually to the State Conservation Commission and
10administered in a nonlapsing, nontransferable account restricted
11to maintenance and improvement of dirt and gravel roads. The
12State Conservation Commission shall apportion the funds based on
13written criteria it develops to establish priorities based on
14preventing dust and sediment pollution. In the first fiscal
15year, top priority shall be given to specific trouble spot
16locations already mapped by the Task Force on Dirt and Gravel
17Roads and available from the department.
18* * *
19§ 9502. Imposition of tax.
20(a) General rule.--
21(1) An "oil company franchise tax for highway
22maintenance and construction" which shall be an excise tax of
2360 mills is hereby imposed upon all liquid fuels and fuels as
24defined and provided in Chapter 90 (relating to liquid fuels
25and fuels tax), and such tax shall be collected as provided
26in section 9004(b) (relating to imposition of tax, exemptions
27and deductions). Of the amount collected in fiscal year 2015-
282016, and each fiscal year thereafter, $20,000,000 shall be
29deposited in the Multimodal Transportation Fund established
30under 74 Pa.C.S. § 2101 (relating to Multimodal
4(2) An additional 55 mills is hereby imposed on all
5liquid fuels and fuels as defined and provided in Chapter 90
6and such tax shall also be collected as provided in section
79004(b), the proceeds of which shall be distributed as
9(i) [Forty-two] Twenty-nine percent to county
10maintenance districts for highway maintenance for fiscal
11year 2013-2014 and 19% for fiscal year 2014-2015 and each
12year thereafter. This allocation shall be made according
13to the formula provided in section 9102(b)(2) (relating
14to distribution of State highway maintenance funds). This
15allocation shall be made in addition to and not a
16replacement for amounts normally distributed to county
17maintenance districts under section 9102.
21(iii) Thirteen percent for bridges.
27(vi) Fourteen percent for toll roads designated
28pursuant to the act of September 30, 1985 (P.L.240,
29No.61), known as the Turnpike Organization, Extension and
30Toll Road Conversion Act, to be appropriated under
2(3) An additional 38.5 mills is hereby imposed upon all
3liquid fuels and fuels as defined and provided in Chapter 90,
4and such tax shall also be collected as provided in section
59004(b), the proceeds of which shall be deposited in The
6Motor License Fund and distributed as follows:
7(i) Twelve percent to municipalities on the basis of
8and subject to the provisions of the act of June 1, 1956
9(1955 P.L.1944, No.655), referred to as the Liquid Fuels
10Tax Municipal Allocation Law, is appropriated.
10(J) For any fiscal year beginning with 1997-1998
11through and including fiscal year 2000-2001, the
12department shall make supplemental maintenance
13program payments from the Statewide highway
14restoration betterment program to those county
15maintenance districts for which the total highway
16maintenance appropriations and executive
17authorizations in accordance with section 9102(b)
18would be less than the amount received in 1996-1997
19from the highway maintenance appropriation, the
20Secondary Roads-Maintenance and Resurfacing Executive
21Authorization, the Highway Maintenance Excise Tax
22Executive Authorization and the Highway Maintenance
24The words and phrases used in this paragraph shall have the
25meanings given to them in section 9101 (relating to
26definitions). This one-time allocation shall be made in
27addition to and is not a replacement for amounts normally
28distributed to county maintenance districts under section
299102.] Fifty-three percent to the department for distribution
30in accordance with section 9102(b)(2) for fiscal year 2013-
3(iii) Thirty-five percent to the department for
4expanded highway and bridge maintenance for fiscal year
52013-2014 and 48% for fiscal year 2014-2015 and each
6fiscal year thereafter to be distributed as follows:
15(4) An additional 55 mills is hereby imposed upon all
16fuels as defined and provided in chapter 90 and such tax
17shall also be collected as provided in section 9004(b) upon
18such fuels, the proceeds of which shall be deposited in The
19Highway Bridge Improvement Restricted Account within the
20Motor License Fund and is hereby appropriated.
21§ 9511. Allocation of proceeds.
22* * *
25(1) The amount of the proceeds deposited in the Motor
26License Fund pursuant to this chapter which[, in fiscal year
271983-1984,] is attributable to [two] three mills of the tax
28imposed under section 9502(a) (relating to imposition of tax)
29[and which, in fiscal year 1984-1985 and thereafter, is
30attributable to three mills of the tax,] shall be deposited
4(A) Twenty-seven million dollars shall be
5deposited in the State Highway Transfer Restoration
6Restricted Account within the Motor License Fund. The
7funds deposited in the State Highway Transfer
8Restoration Restricted Account shall be appropriated
9annually for expenditure as provided under subsection
11(B) All funds not deposited in accordance with
12clause (A) shall be deposited in the Highway Bridge
13Improvement Restricted Account within the Motor
14License Fund for local bridges, notwithstanding if
15the project is administered by a county, municipality
16or the department.
19(A) One and one-half mill shall be deposited in
20the State Highway Transfer Restoration Restricted
21Account within the Motor License Fund, which account
22is hereby created. The funds deposited in the State
23Highway Transfer Restoration Restricted Account are
24hereby annually appropriated out of the account upon
25authorization by the Governor for expenditure as
26provided in subsection (g).
27(B) One and one-half mill shall be deposited in
28the Highway Bridge Improvement Restricted Account
29within the Motor License Fund for local bridges,
30notwithstanding if the project is administered by a
1county, municipality or the department.
2(2) If funds are available to make payments under
3subsection (g)(1), the department may transfer funds
4deposited under subparagraphs (i) and (ii) between the State
5Highway Transfer Restoration Restricted Account and the
6Highway Bridge Improvement Restricted Account at the
7discretion of the secretary.
8* * *
9(g) Use of funds in the State Highway Transfer Restoration
10Restricted Account.--The funds appropriated in subsection (b)
11for deposit in the State Highway Transfer Restoration Restricted
12Account shall be used to pay for the costs of restoration of
13such highways as provided in Chapter 92 (relating to transfer of
14State highways) and annual payments to the municipalities for
15highway maintenance in accordance with the following:
16(1) Annual maintenance payments shall be at the rate of
17$4,000 per mile for each highway or portion of highway
18transferred under Chapter 92, section 222 of the act of June
191, 1945 (P.L.1242, No.428), known as the State Highway Law,
20or any statute enacted in 1981.
21(2) Annual maintenance payments shall be paid at the
22same time as funds appropriated under the act of June 1, 1956
23(1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax
24Municipal Allocation Law, except that no maintenance payment
25shall be paid for a highway until after the year following
26its transfer to the municipality.
30(4) Annual maintenance payments under this subsection
1shall be deposited into the municipality's liquid fuels tax
2account and may be used on any streets and highways in the
3municipality in the same manner and subject to the same
4restrictions as liquid fuels tax funds paid under the Liquid
5Fuels Tax Municipal Allocation Law or, in the case of a
6county, under section 10 of the act of May 21, 1931 (P.L.149,
7No.105), known as The Liquid Fuels Tax Act.
8* * *
9Section 30. The following shall apply:
10(1) No later than two years following the effective date
11of this section, the Joint State Government Commission shall
12conduct a study and submit a report to the Governor, the
13chairman and minority chairman of the Transportation
14Committee of the Senate and the chairman and minority
15chairman of the Transportation Committee of the House of
16Representatives reviewing replacement funding for the
17revenues deposited in the Public Transportation Trust Fund
18under 74 Pa.C.S. § 1506 (b)(1) and the revenues deposited in
19the Motor License Fund under 75 Pa.C.S. § 8915.6 (b)(2) and
20(3). The report shall include:
27(iii) A ranking in descending order of the sources
28of revenue identified under subparagraph (i), based upon
29the Joint State Government Commission's recommendation of
30which revenue sources are most viable.
1(2) Entities affected by this section shall provide data
2to complete the report under paragraph (1). In its
3recommendations, the Joint State Government Commission may
4propose appropriate additional legislative changes to the
5Governor and the General Assembly.
6Section 31. This act shall take effect in 60 days.