PRIOR PRINTER'S NOS. 1026, 1145
PRINTER'S NO. 1162
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
AS AMENDED ON THIRD CONSIDERATION, JUNE 4, 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
6administrative practice and procedure, further providing for
7minority and women-owned business participation; in
8sustainable mobility options, further providing for
9definitions, for the Public Transportation Trust Fund, for
10application and approval process, for executive and
11legislative reports, for coordination, for asset improvement
12program, for Statewide programs and for capital improvements
13program; providing for <-Alternative Energy Capital Investment
14Program and for multimodal transportation funding; <-in airport
15operation and zoning, further providing for the imposition of
16a rental car customer facility charge by a city of the first
17class, for the collection of the customer facility charge on
18behalf of the city by rental car companies leasing space or
19obtaining customers at an international airport, for use of
20the proceeds of the rental car customer facility charge for
21the development, maintenance and operation of a consolidated
22rental car facility to improve services to the public at the
23airport; for an agreement between a city of the first class
24and rental car companies relating to the development and use
25of the consolidated car rental facility and for the
26administration and enforcement of the rental car customer
27facility charge; in the Pennsylvania Turnpike, further
28providing for definitions, for commission and for electronic
29toll collection; in public-private transportation
30partnerships, further providing for agreement; providing for
31traffic signals and for the Bridge Bundling Program; in
1registration of vehicles, further providing for certain
2special plates and providing for suspension of registration
3upon unpaid tolls; in licensing of drivers, further providing
4for expiration and renewal of drivers' licenses, for
5occupational limited license and for probationary license; in
6commercial drivers, further providing for fees; in financial
7responsibility, further providing for required financial
8responsibility; in fees, further providing for collection and
9disposition of fees and money, for passenger cars, for motor
10homes, for motorcycles, for motor-driven cycles, for trucks
11and truck tractors, for motor buses and limousines, for
12school buses and school vehicles, for trailers, for special
13mobile equipment, for implements of husbandry, for antique,
14classic and collectible vehicles, for farm vehicles, for
15ambulances, taxis and hearses, for dealers and miscellaneous
16motor vehicle business, for farm equipment vehicle dealers,
17for transfer of registration, for temporary and
18electronically issued registration plates, for replacement
19registration plates, for certain registration plates, for
20duplicate registration cards, for commercial implements of
21husbandry, for special hauling permits as to weight and size,
22for annual hauling permits, for mobile homes, modular housing
23units and modular housing undercarriages, for books of
24permits, for refund of certain fees, for driver's license and
25learner's permit, for certificate of title, for security
26interest, for information concerning drivers and vehicles,
27for certified copies of records, for uncollectible checks,
28for certificate of inspection, for messenger service, for
29reinstatement of operating privilege or vehicle registration
30and for secure power of attorney; in motor carriers road tax
31identification markers, further providing for identification
32markers and license or road tax registration card required;
33in general provisions, further providing for obedience to
34traffic-control devices; in State and local powers, further
35providing for regulation of traffic on Pennsylvania Turnpike;
36in penalties and disposition of fines, further providing for
37surcharge; in snowmobiles and all-terrain vehicles, further
38providing for fees; in Pennsylvania Turnpike, further
39providing for definitions and for deposit and distribution of
40funds; in liquid fuels and fuels tax, further providing for
41definitions and for imposition, tax, exemptions and
42deductions; in State highway maintenance, further providing
43for dirt and gravel road maintenance; in taxes for highway
44maintenance and construction, further providing for
45imposition and for allocation of proceeds; and directing the
46Joint State Government Commission to study replacement funds.
47The General Assembly finds and declares as follows:
1owned by counties and municipal governments, 36 fixed-route
2public transportation agencies, 67 railroads, 133 public use
3airports, the Ports of Erie, Philadelphia and Pittsburgh, and
4numerous bicycle and pedestrian facilities.
5(3) The Commonwealth's transportation system provides
6for access to employment, educational services, medical care
7and other life-sustaining services for all residents of this
8Commonwealth, including senior citizens and people with
10(4) The Department of Transportation of the Commonwealth
11has indicated that 9,000 miles of roads owned by the
12Commonwealth are in poor condition and that 4,400 bridges
13owned by the Commonwealth are rated structurally deficient.
14The State Transportation Advisory Committee has indicated
15that 2,189 bridges exceeding 20 feet in length owned by
16counties and municipalities are rated structurally deficient.
23(7) The State Transportation Advisory Committee reported
24in 2010 that the Commonwealth's transportation system is
25underfunded by $3,500,000,000 and projected that amount will
26grow to $6,700,000,000 by 2020 without additional financial
27investment by the Commonwealth.
5(10) Pursuant to section 11 of Article VIII of the
6Constitution of Pennsylvania, all highway and bridge user
7fees must be used solely for construction, reconstruction,
8maintenance and repair of and safety on public highways and
9bridges and costs and expenses incident thereto.
10(11) In order to ensure a safe and reliable system of
11public transportation, aviation, ports, rail and bicycle and
12pedestrian facilities, other transportation-related user fees
13must be deposited in the Public Transportation Trust Fund and
14the Multimodal Transportation Fund.
<-15(12) In furtherance of the Commonwealth's energy policy,
16which includes becoming independent from overreliance on
17foreign energy sources, programs must be established to
18promote reliance on or conversion to alternative energy
19sources, including the vast natural gas supply of this
30(a) Driver's license.--Beginning as soon as practicable, but
1no later than January 1, 1995, the Department of Transportation
2shall provide an applicant for an original or renewal driver's
3license or identification card the opportunity to make a
4contribution of [$1] $3 to the fund. The contribution shall be
5added to the regular fee for an original or renewal driver's
6license or identification card. One contribution may be made for
7each issuance or renewal of a license or identification card.
8Contributions shall be used exclusively for the purposes set out
9in section 8622 (relating to The Governor Robert P. Casey
10Memorial Organ and Tissue Donation Awareness Trust Fund). The
11Department of Transportation shall monthly determine the total
12amount designated under this section and shall report that
13amount to the State Treasurer, who shall transfer that amount to
14The Governor Robert P. Casey Memorial Organ and Tissue Donation
15Awareness Trust Fund.
16(b) Vehicle registration.--The Department of Transportation
17shall provide an applicant for a renewal vehicle registration
18the opportunity to make a contribution of [$1] $3 to The
19Governor Robert P. Casey Memorial Organ and Tissue Donation
20Awareness Trust Fund. The contribution shall be added to the
21regular fee for a renewal of a vehicle registration. One
22contribution may be made for each renewal vehicle registration.
23Contributions shall be used exclusively for the purposes
24described in section 8622. The Department of Transportation
25shall monthly determine the total amount designated under this
26section and shall report that amount to the State Treasurer, who
27shall transfer that amount to The Governor Robert P. Casey
28Memorial Organ and Tissue Donation Awareness Trust Fund. The
29Governor Robert P. Casey Memorial Organ and Tissue Donation
30Awareness Trust Fund shall reimburse the department for the
1initial costs incurred in the development and implementation of
2the contribution program under this subsection. The General Fund
3shall reimburse the Department of Transportation for the actual
4annual operating costs of the program for vehicle registrations
5as described in this subsection subject to the following limits:
6For the first fiscal year during which this subsection is
7effective, the General Fund shall reimburse the Department of
8Transportation for the actual operating costs of the program in
9this subsection up to a maximum of $100,000. For each fiscal
10year thereafter, the General Fund shall reimburse the Department
11of Transportation for the actual operating costs of the program
12in this subsection in an amount not to exceed the prior year's
13actual operating costs on a full fiscal year basis plus 3%. The
14amounts approved by the Governor as necessary are hereby
15appropriated from the General Fund for this purpose.
<-16Section 1.1. Section 303 of Title 74 is amended to read:
19(a) General rule.--In [administering] bidding and awarding
20contracts for transportation projects funded pursuant to the
21provisions of this title or Title 75 (relating to vehicles), the
22department, the commission and any local transportation
24(1) Be responsible for ensuring that all competitive
25contract opportunities issued by the department, the
26commission or local transportation organization seek to
27maximize participation by [minority-owned and women-owned
28businesses and other disadvantaged] diverse businesses.
1opportunities notice to the bidder that:
2(i) A prime contractor is required to document and
3submit all good faith efforts to solicit subcontractors
4from diverse businesses during the prebid and bidding
5process, which shall be evaluated by contracting
7(ii) The prime contractor must include in the bid
8the name and business address of each subcontractor
9certified as a diverse business that will perform work or
10labor, or render services to the prime contractor in
11connection with the performance of the contract.
12(2) [Give] Encourage contractors to utilize and give
13consideration[, when possible and cost effective,] to
14contractors offering to utilize [minority-owned and women-
15owned businesses and disadvantaged] diverse businesses in the
16selection and award of contracts.
17(3) Ensure that the department's, the commission's and
18local transportation organizations' commitment to [the
19minority-owned and women-owned business program]
20participation by diverse businesses is clearly understood and
21appropriately implemented and enforced by all applicable
22department, commission and local transportation organization
24(4) Designate a responsible official to supervise the
25department, the commission and local transportation
26organization [minority-owned and women-owned] diverse
27business program and ensure compliance within the department,
28the commission or local transportation organization.
2(6) [Recommend sanctions to the Secretary of General
3Services,] Impose sanctions as may be appropriate under 62
4Pa.C.S. Pt. I (relating to Commonwealth Procurement Code),
5against businesses that fail to comply with this section or
6the policies of the Commonwealth [minority-owned and women-
7owned] diverse business [program] programs. This paragraph
8shall not apply to a local transportation organization.
12(1) Conduct the necessary and appropriate outreach,
13including using the database available on the Internet
14website of the Department of General Services, for purposes
15of identifying diverse businesses in general construction
16capable of performing contracts subject to this section.
17(2) By October 1, 2014, and each October 1 thereafter,
18submit a report to the chairman and minority chairman of the
19Transportation Committee of the Senate and the chairman and
20minority chairman of the Transportation Committee of the
21House of Representatives summarizing the participation level
22of diverse businesses in all competitive contract
23opportunities issued by the department, the commission or
24local transportation organization. The commission or local
25transportation organization shall cooperate with the
26department to complete the report. The report shall include:
5(3) Transmit the report under paragraph (2) to the
6Minority Business Development Authority, established under
7the act of July 22, 1974 (P.L.598, No.206), known as the
8"Pennsylvania Minority Business Development Authority Act."
9The authority shall review the report to assess the
10effectiveness in advancing this section and to make any
11recommendations for changes in this section deemed necessary
12or desirable to the secretary and the chairman and minority
13chairman of the Transportation Committee of the Senate and
14the chairman and minority chairman of the Transportation
15Committee of the House of Representatives.
1or cultural bias.
5"Local transportation organization." Any of the following:
6(1) A political subdivision or a public transportation
7authority, port authority or redevelopment authority
8organized under the laws of this Commonwealth or pursuant to
9an interstate compact or otherwise empowered to render,
10contract for the rendering of or assist in the rendering of
11transportation service in a limited area in this
12Commonwealth, even though it may also render or assist in
13rendering transportation service in adjacent states.
18"Minority-owned business." A business owned and controlled
19by a majority of individuals who are African Americans, Hispanic
20Americans, Native Americans, Asian Americans, Alaskans or
1§ 1503. Definitions.
5* * *
6"Base operating allocation." The total amount of State
7operating assistance, reimbursement in lieu of fares for senior
8passengers and other assistance which was used for operating
9assistance as determined by the department in [fiscal year 2005-
102006] the last full fiscal year that the qualifying local
11transportation organization received the assistance<-, including
12the funds received under section 1517.1 (relating to Alternative
13Energy Capital Investment Program).
14"Capital expenditures." All costs of capital projects,
15including, but not limited to, the costs of acquisition,
16construction, installation, start-up of operations, improvements
17and all work and materials incident thereto. At the discretion
18of the department, preventive maintenance expenses, as defined
19by the Federal Transit Administration, may be deemed eligible as
20a capital expenditure based on written approval by the
22* * *
25§ 1506. Fund.
26* * *
27(b) Deposits to fund by department.--
28(1) The following apply:
1fund the revenues received by the department under 75
2Pa.C.S. Ch. 89 (relating to Pennsylvania Turnpike) and
3the lease agreement executed between the department and
4the Pennsylvania Turnpike Commission under 75 Pa.C.S. §
58915.3 (relating to lease of Interstate 80; related
6agreements) [as follows:
7(A) For fiscal year 2007-2008, $250,000,000.
8(B) For fiscal year 2008-2009, $250,000,000.
9(C) For fiscal year 2009-2010, $250,000,000.
13(ii) The deposits made to the fund under this
14subsection shall equal [$250,000,000] $305,000,000 for
15fiscal years 2013-2014 and 2014-2015, $360,000,000 for
16fiscal years 2015-2016 and 2016-2017 and $415,000,000
17annually for each fiscal year commencing [after the
18expiration of the conversion period if the conversion
19notice is not received by the secretary prior to
20expiration of the conversion period as set forth under 75
21Pa.C.S. § 8915.3(3)] with fiscal year 2017-2018.
22* * *
25(1) 4.4% of the amount collected under Article II of the
26Tax Reform Code. Revenues under this paragraph shall be
27deposited into the fund by the 20th day of each month for the
28preceding month. The amount deposited under this paragraph is
29estimated to be equivalent to the money available to the
30department from the following sources:
<-17(5.1) If, by July 1, 2021, legislation is not enacted to
18replace the revenue deposited in the fund under subsection
19(b)(1), in fiscal year 2021-2022 and in each fiscal year
20thereafter, the following shall apply:
23(ii) Notwithstanding any other provision of law,
24the source of the revenue deposited in the fund under
25this paragraph shall be the receipts from the tax
26collected under section 238 of the Tax Reform Code on
27motor vehicles, trailers and semi-trailers.
30* * *
7[(A.1) For fiscal year 2007-2008, $50,000,000
8from the revenues received by the department under 75
9Pa.C.S. Ch. 89 and the lease agreement executed
10between the department and the Pennsylvania Turnpike
11Commission under 75 Pa.C.S. § 8915.3. The amount
12received by the department under this section shall
13be deposited into the fund prior to distribution and
14shall be in addition to the amounts received under
16(B) For fiscal year 2008-2009, $100,000,000 from
17the revenues received by the department under 75
18Pa.C.S. Ch. 89 and the lease agreement executed
19between the department and the Pennsylvania Turnpike
20Commission under 75 Pa.C.S. § 8915.3. The amount
21received by the department under this section shall
22be deposited into the fund prior to distribution and
23shall be in addition to the amounts received under
25(C) For fiscal year 2009-2010, $150,000,000 from
26the revenues received by the department under 75
27Pa.C.S. Ch. 89 and the lease agreement executed
28between the department and the Pennsylvania Turnpike
29Commission under 75 Pa.C.S. § 8915.3. The amount
30received by the department under this section shall
4(D) For fiscal year 2010-2011 and each fiscal
5year thereafter, the amount calculated for the prior
6fiscal year increased by 2.5% from the revenues
7received by the department under 75 Pa.C.S. Ch. 89
8and the lease agreement executed between the
9department and the Pennsylvania Turnpike Commission
10under 75 Pa.C.S. § 8915.3. The amount received by the
11department under this section shall be deposited into
12the fund prior to distribution and shall be in
13addition to the amounts received under subsection (b)
15(E) Ninety five percent of the remaining revenue
16deposited in the fund under subsection (b)(1), after
17the allocation of $30,000,000 to the Multimodal
18Transportation Fund under section 2102 (relating to
19deposits to fund).
22[(ii) If the conversion notice is not received by
23the secretary prior to the end of the conversion period
24as set forth in 75 Pa.C.S. § 8915.3(3), no additional
25allocation shall be made under subparagraph (i).]
26(3) For the program established under section 1516
27(relating to programs of Statewide significance), 13.24% of
28the revenues deposited in the fund under subsection (c)(1)
29shall be allocated from the fund in addition to the remaining
30revenue deposited in the fund under subsection (b)(1).
1[(4) For the program established under section 1517
2(relating to capital improvements program), 16.77% of the
3revenues deposited in the fund under subsection (c)(1).
4Additional funds for this program may be provided from the
5funds allocated but not distributed based on the limitation
6set forth under section 1513(c)(3).]
<-7(5) For the program established under section 1517.1
8(relating to Alternative Energy Capital Investments Program),
9no more than $60 million of the revenues deposited in the
10fund under subsection (c) may be allocated from the fund.
14§ 1507. Application and approval process.
15(a) Application.--An eligible applicant that wishes to
16receive financial assistance under this chapter shall submit a
17written application to the department on a form developed by the
18department, which shall include the following:
19* * *
20(6) Evidence satisfactory to the department of the
21commitment for matching funds required under this chapter
22sufficient to match the projected financial assistance
23payments [at the same times that the financial assistance
24payments are to be provided.], provided no later than June 30
25of the applicable fiscal year. If the evidence required under
26this paragraph is not provided to the satisfaction of the
27department, subsequent funding under section 1513 (relating
28to operating program) shall be withheld until the applicant
29meets the requirements of this paragraph.
30(6.1) A statement of policy outlining the basic
3* * *
4(c) Restriction on use of funds.--[Financial] Unless the
5department grants the award recipient a waiver allowing the
6funds to be used for a different purpose, financial assistance
7under this chapter shall be used only for activities set forth
8under the financial assistance agreement [unless the department
9grants the award recipient a waiver allowing the funds to be
10used for a different purpose]. The department's regulations
11shall describe circumstances under which it will consider waiver
12requests and shall set forth all information to be included in a
13waiver request. The [maximum duration of a waiver shall be one
14year, and a] waiver request shall include a plan of corrective
15action to demonstrate that the award recipient does not have an
16ongoing need to use financial assistance funds for activities
17other than those for which funds were originally awarded. The
18duration of the waiver may not exceed the duration of the plan
19of corrective action. The department shall monitor
20implementation of the plan of corrective action. If the plan of
21corrective action is not implemented by the local transportation
22organization, the department shall rescind the waiver approval.
25§ 1511. Report to Governor and General Assembly.
26[The following shall apply:
27(1) Except as provided in paragraph (2), the] The
28department shall submit a public passenger transportation
29performance report to the Governor and the General Assembly
30by April 30 of each year, covering the prior fiscal year.
3§ 1512. Coordination and consolidation.
4(a) Coordination.--Coordination is required in regions where
5two or more award recipients have services or activities for
6which financial assistance is being provided under this chapter
7to assure that the services or activities are provided
8efficiently and effectively.
10(1) The department shall study the consolidation of
11local transportation organizations as a means of reducing
12annual expenses incurred by local transportation
13organizations. The study shall examine the creation of
14service regions to determine whether consolidation would
15result in reduced annual expenses for the local
16transportation organizations proposed to be consolidated.
17(2) If the results of the study under paragraph (1)
18conclude that consolidation will result in estimated annual
19savings to one or more of the local transportation
20organizations of at least $2,000,000 or 25% of the local
21match contribution under section 1513 (relating to operating
22program) at the time of completion of the study, the local
23transportation organization and municipality shall implement
24the recommended action or provide increased local matching
25funds equal to 25% of the transportation organization's and
26local government's financial assistance under section 1513.
27(3) The department shall waive the match increase under
28paragraph (2) for a local transportation organization or
29municipality if the local transportation organization or
30municipality is the only entity willing to consolidate in
1accordance with paragraph (2) and no consolidation occurs.
2(c) Funding for consolidation incentives.--A capital project
3that is necessary to support a local transportation organization
4that has agreed to consolidate operations and administration to
5achieve cost and service efficiencies shall be eligible for
6financial assistance under this chapter. The application for
7financial assistance must:
14§ 1514. Asset improvement program.
15* * *
19(1) The local transportation organization organized and
20existing under Chapter 17 (relating to metropolitan
21transportation authorities) as the primary provider of public
22passenger transportation for the counties of Philadelphia,
23Bucks, Chester, Delaware and Montgomery, shall receive 69.4%
24of the funds available for distribution under this section.
25(2) The local transportation organization organized and
26existing under the act of April 6, 1956 (1955 P.L.1414,
27No.465), known as the Second Class County Port Authority Act,
28as the primary provider of public transportation for the
29county of Allegheny, shall receive 22.6% of the funds
30available for distribution under this section.
1(3) Other local transportation organizations organized
2and existing as the primary providers of public passenger
3transportation for the counties of this Commonwealth not
4identified under paragraph (1) or (2) shall receive 8% of the
5funds available for distribution under this section. The
6department shall allocate the funds under this paragraph
7among the local transportation organizations.
8(4) Notwithstanding paragraphs (1), (2) and (3) and
9before distributing the funds under paragraph (1), (2) or
10(3), the department shall set aside 5% of the funds available
11for distribution under this section for discretionary use and
12distribution by the secretary.
13* * *
16§ 1516. Programs of Statewide significance.
17* * *
18(b) Persons with disabilities.--The department shall
19establish and administer a program providing reduced fares to
20persons with disabilities on community transportation services
21and to provide financial assistance for start-up, administrative
22and capital expenses related to reduced fares for persons with
23disabilities. All of the following shall apply:
24(1) A community transportation system operating in the
25Commonwealth other than in [counties of the first and second
26class] a county of the first class may apply for financial
27assistance under this subsection.
1expenses. For community transportation trips made by eligible
2persons with disabilities, financial assistance may be
3awarded to an eligible community transportation system to
4reimburse the system for up to 85% of the fare established
5for the general public for each trip which is outside of
6fixed-route and paratransit service areas and not eligible
7for funding from any other program or funding source. The
8person making the trip or an approved third-party sponsor
9shall contribute the greater of 15% of the fare established
10for the general public or the Americans with Disabilities Act
11complementary paratransit fare.
12* * *
13(e) Technical assistance [and], demonstration and
14emergency.--The department is authorized to provide financial
15assistance under this section for technical assistance, research
16and short-term demonstration or emergency projects. All of the
17following shall apply:
21(2) Financial assistance provided under this subsection
22may be used for reimbursement for any approved operating or
23capital costs related to technical assistance and
24demonstration program projects. Financial assistance for
25short-term demonstration projects may be provided at the
26department's discretion on an annual basis based on the level
27of financial commitment provided by the award recipient to
28provide ongoing future funding for the project as soon as the
29project meets the criteria established by the department and
30the award recipient. Financial assistance for this purpose
1shall not be provided for more than three fiscal years.
2Financial assistance may be provided to meet any short-term
3emergency need that requires immediate attention and cannot
4be funded through other sources.
5(3) Financial assistance under this subsection provided
6to a local transportation organization shall be matched by
7local or private cash funding in an amount not less than
83.33% of the amount of the financial assistance being
9provided. The sources of funds for the local match shall be
10subject to the requirements of section 1513(d)(3) (relating
11to operating program).
12(4) As follows:
13(i) For short-term demonstration projects awarded
14financial assistance under this subsection, the
15department shall determine if the demonstration project
16was successful based upon the performance criteria
17established prior to the commencement of the
18demonstration project and approved by the department.
19(ii) If the department determines that the
20demonstration project was successful, the local
21transportation organization or agency or instrumentality
22of the Commonwealth that conducted the demonstration
23project shall be eligible to apply for and receive funds
24under section 1513 to sustain and transition the
25demonstration project into regular public passenger
27(iii) During the first year in which the
28demonstration project is eligible for and applies for
29financial assistance under section 1513, the local
30transportation organization or agency or instrumentality
1of the Commonwealth that conducted the demonstration
2project and transitioned it to regular public passenger
3transportation service shall be eligible to receive
4financial assistance up to 65% of the transportation
5service's prior fiscal year operating costs or expenses
6for the service as an initial base operating allocation.
11Section 8. Section 1517 of Title 74 is repealed:
12[§ 1517. Capital improvements program.
15(b) Applications.--The department shall establish the
16contents of the application for the program established under
17this section. The information shall be in addition to
18information required under section 1507 (relating to application
19and approval process).
20(c) Distribution formula.--The department shall award
21financial assistance under this section based on the number of
22passengers. The actual amount awarded to a local transportation
23organization under this subsection shall be calculated as
4(e) Reduction in financial assistance.--Financial assistance
5provided to a local transportation organization under this
6section shall be reduced by any financial assistance received
7previously under this section which has not been spent or
8committed in a contract within three years of its receipt.]
11§ 1517.1. Alternative Energy Capital Investment Program.
12(a) Establishment.--The department is authorized to
13establish a competitive grant program to implement capital
14improvements deemed necessary to support conversion of a local
15transportation organization's fleet to an alternative energy
16source, including compressed natural gas.
21(c) Additional authorization.--Notwithstanding any other
22provisions of this section or other law, the department may use
23funds designated for the program established under subsection
24(a) to supplement a local transit organization's base operating
25allocation under section 1513 (relating to operating program) if
26necessary to stabilize an operating budget and ensure that
27efficient services may be sustained to support economic
28development and job creation and retention.
29Section 9. Title 74 is amended by adding a chapter to read:
1MULTIMODAL TRANSPORTATION FUNDING
32101. Multimodal Transportation Fund.
42102. Deposits to fund.
52103. Use of revenue.
62104. Distribution of revenue.
72105. Project selection criteria and agreement.
82106. Local match.
9§ 2101. Multimodal Transportation Fund.
10A special fund is established within the State Treasury to be
11known as the Multimodal Transportation Fund. Money in the fund
12is appropriated to the department for the purposes authorized
13under this chapter.
14§ 2102. Deposits to fund.
23(3) For fiscal year 2015-2016 and each fiscal year
24thereafter, $20,000,000 the amount allocated<- from the oil
25company franchise tax imposed under 75 Pa.C.S. § 9502
26(relating to imposition of tax) to be expended in accordance
27with section 11 of Article VIII of the Constitution of
1(5) The interest earned on money in the fund.
2§ 2103. Use of revenue.
<-3Money Upon agreement of a majority among the chairman and
4minority chairman of the Transportation Committee of the Senate
5and of the chairman and minority chairman of the Transportation
6Committee of the House of Representatives, money in the fund
7shall be used by the department as follows:
8(1) To provide grants through the department's programs
9relating to aviation, rail freight, passenger rail, port and
10waterway, bicycle and pedestrian facilities, road and bridge
11and other transportation modes.
17§ 2104. Distribution of revenue.
30(6) The department may provide grants from money
1available under paragraph (7) for the following:
10§ 2105. Project selection criteria and agreement.
11The department shall award grants under this chapter on a
12competitive basis. The department may not reserve, designate or
13set aside a specific level of funds or percentage of funds to an
14applicant prior to the completion of the application process,
15nor may the department designate a set percentage of funds to an
17§ 2106. Local match.
18Financial assistance under this section shall be matched by
19county, municipal or private funding in an amount not less than
2030% of the non-Federal share of the project cost. Matching funds
21from a county or municipality shall only consist of cash
22contributions provided by one or more counties or
27FIRST CLASS CITY CONSOLIDATED CAR RENTAL FACILITY
295931. Scope of subchapter.
15933. Customer facility charge.
2§ 5931. Scope of subchapter.
5§ 5932. Definitions.
12"Airport owner." Any of the following:
13(1) A city which owns and operates an airport.
20"City." A city of the first class.
21"Concession agreement." A regulation, contract, permit,
22license or other agreement entered into between an airport owner
23and a vehicle rental company which includes the terms and
24conditions under which the company may transact its rental
25vehicle business at the airport or on airport property.
29(1) A rental facility.
30(2) A rental facility improvement.
1(3) The proportionate cost of a transportation system.
2(4) A rental facility operation and maintenance expense.
11(4) Is owned or leased by a vehicle rental company.
21(2) The manner in which the proceeds of the customer
22facility charge are to be used for the development,
23operation, maintenance and funding of a rental facility, a
24rental facility improvement, the proportionate cost of a
25transportation system and the cost of operations and
27(3) A procedure and requirement for a consultation
28regarding the implementation of this subchapter and the
29disclosure to vehicle rental companies of information
30relating to the collection and use of the customer facility
4"Rental facility improvement." A facility or structure on
5airport property that is for the common use of vehicle rental
6companies. The term shall include planning, finance, design,
7construction, equipping or furnishing of the facility or
22§ 5933. Customer facility charge.
23(a) Imposition.--A city may impose a customer facility
24charge of not more than $8 per rental day on a customer renting
25a motor vehicle from a vehicle rental company doing business at
26an airport. A customer facility charge may:
30(2) not affect the validity or enforceability of a
1concession agreement or permit.
2(b) Amendment.--The following shall apply:
12(2) An amended rental facility agreement may authorize
13the increase or decrease of the amount of the customer
14facility charge to fund the current costs authorized under
15the rental facility agreement.
16(c) Enforcement.--The terms of a rental facility agreement
17may be interpreted and enforced by a court of competent
18jurisdiction through the imposition of a mandatory or
19prohibitive injunction. Monetary damages may not be awarded to a
20vehicle rental company or to a person required to pay the
21customer facility charge for a violation of the terms and
22conditions of the rental facility agreement.
23(d) Time limitation.--If a rental facility agreement is not
24executed within two years of the effective date of the
25implementation of the customer facility charge, a city may
26continue to impose and collect the customer facility charge
27authorized under subsection (a) or proceed, in consultation with
28the vehicle rental companies, to plan, design, finance and
29construct a facility to be used for the provision of vehicle
30rental service on airport property. The cost to a rental vehicle
4(e) Additional cost.--A customer facility charge shall be in
5addition to other motor vehicle rental fees and taxes imposed
6under law, except that the customer facility charge may not
7constitute part of the purchase price of a motor vehicle rental
8imposed under any of the following:
16(f) Collection.--The following shall apply:
17(1) A customer facility charge shall be:
6(2) A rental facility improvement.
7(3) The proportionate cost of a transportation system.
8(4) A rental facility operation and maintenance.
11(1) The planning and design of a rental facility.
17(1) Require a vehicle rental company to provide periodic
18statements of account, file returns, authorize payments and
19maintain records, in accordance with the vehicle rental
20company's obligations under this subchapter.
24(i) Collect an amount due.
27(iii) Grant a refund.
30(v) Adopt rules and regulations to implement this
6Section 10. The definitions of "electronic toll collection,"
7"owner" and "violation enforcement system" in section 8102 of
8Title 74 are amended and the section is amended by adding
9definitions to read:
10§ 8102. Definitions.
17"Certificate of passage." A document signed and certified by
18a vehicle owner, operator or lessee evidencing his or her
19agreement to pay the prescribed toll plus a processing fee to
20the commission within a prescribed period.
21"Certificate of passage toll collection." A system of
22collecting a toll or charge by providing a vehicle owner,
23operator or lessee with a certificate of passage at a toll
24collection facility if the owner, operator or lessee does not
25have sufficient funds to pay the prescribed toll at the time he
26or she passes through the toll collection facility.
27* * *
1[between], including by use of a device on a vehicle and a
2device [in a toll lane] at a toll collection facility, open road
3tolling, video tolling system or other similar structural or
4technological enhancements related to tolling.
5* * *
6"Owner." Except as provided under section [8117(e)] 8117
7(relating to [electronic] toll collection), [an individual] a
8person, copartnership, association or corporation having title
9or interest in a property right, easement or franchise
10authorized to be acquired under this chapter.
11* * *
12"Toll collection." A system of collecting tolls or charges
13that is capable of charging an account holder or vehicle owner,
14operator or lessee for the prescribed toll by automated toll
15collection, certificate of passage toll collection or electronic
17* * *
18"Video tolling system." As follows:
19(1) A vehicle sensor or other electronic toll collection
20device, placed in a location to work in conjunction with a
21toll collection facility, which automatically produces a
22videotape or photograph, microphotograph or other recorded
23image of the vehicle or vehicle license plate at the time the
24vehicle is used or operated on the tolled facility in order
25to collect tolls or detect violations of the toll collection
26regulations or rules.
30"Violation." The failure to pay the prescribed toll as
3["Violation enforcement system." A vehicle sensor, placed in
4a location to work in conjunction with a toll collection
5facility, which automatically produces a videotape or
6photograph, microphotograph or other recorded image of the rear
7portion of each vehicle at the time the vehicle is used or
8operated in violation of the toll collection regulations. The
9term includes any other technology which identifies a vehicle by
10photographic, electronic or other method.]
13§ 8105. Commission.
14* * *
15(b) Vacancies and terms.--
16(1) Notwithstanding any other law, any vacancy in the
17membership of the commission shall be filled by appointment
18of the Governor by and with the advice and consent of two-
19thirds of the members elected to the Senate.
20(2) The appointed member shall serve for a term of four
21years. Upon the expiration of this term, the appointed member
22may continue to hold office for 90 days or until his
23successor shall be duly appointed and qualified, whichever is
24shorter. A member may not serve more than two terms.
25* * *
26§ 8117. [Electronic toll] Toll collection.
27(a) Liability of owner.--
5(2) If a violation of this section is committed, the
6registration plate number of the vehicle as recorded by a
7violation enforcement system shall establish an inference
8that the owner of the vehicle was then operating the vehicle.
9The inference shall be overcome if the owner does all of the
17(3) If an action or proceeding is commenced in a county
18other than that of the residence of the owner, a verified
19written statement setting forth the facts prescribed under
20paragraph (2)(i), (ii) and (iii) shall suffice to overcome
22(4) If the inference is overcome, the operator of the
23vehicle may be held liable under this section for failure to
24pay the prescribed toll in the same manner as if the operator
25were the owner of the vehicle.
26(b) Imposition of liability.--Liability under this section
27shall be imposed upon an owner for a violation of this section
28or the regulations of the commission occurring within the
29territorial limits of this Commonwealth. If a violation is
30committed as evidenced by a violation enforcement system, the
1following shall apply:
11(A) the alleged conduct; or
14(iii) Personal service is not required.
15(iv) The notice must contain all of the following:
19(B) A warning advising the person charged that
20failure to contest in the manner and time provided
21shall be deemed an admission of liability and that a
22default judgment may be entered on the notice.]
23(1) Notwithstanding any other provision of law, if an
24operator of a vehicle fails to pay the prescribed toll at a
25prescribed location by means of toll collection or as
26directed by official signs posted on the tolled facility in
27accordance with the rules or regulations instituted for toll
28collection by the commission, the owner of the vehicle shall
29be liable to the commission or its authorized agent for
30failure of the operator of the vehicle to comply with this
7(2) Except for an operator who utilizes certificates of
8passage toll collection, if an operator of a vehicle fails to
9pay the prescribed toll as provided under paragraph (1), the
10registration plate number of the vehicle as recorded by a
11video tolling system shall establish an inference that the
12owner of the vehicle was operating the vehicle at the time of
13the violation. The inference shall be overcome if the owner
14does all of the following:
24(3) If an action or proceeding is commenced in a county
25other than that of the residence of the owner, a verified
26written statement under 18 Pa.C.S. § 4904 (relating to
27unsworn falsifications to authorities) setting forth the
28facts prescribed under paragraph (2) shall suffice to
29overcome the inference.
30(4) A court of competent jurisdiction shall admit as
1prima facie evidence the verified statement relied upon under
2paragraph (3). The operator of the vehicle may be held liable
3under this section for failure to pay the prescribed toll in
4the same manner as if the operator were the owner of the
5vehicle if any of the following apply:
6(i) The inference is overcome.
9(b) Imposition of liability.--Liability under this section
10shall be imposed upon an owner, including a person, lessee or
11operator who becomes liable in the same manner as if the person
12was an owner under this section, for a violation of this section
13or the regulations or rules of the commission occurring within
14the territorial limits of this Commonwealth. If a violation is
15committed as evidenced by information obtained from a video
16tolling system or certificate of passage, the following shall
23(ii) The notice shall be mailed to the address shown
24on the vehicle registration or to the address of the
25operator, as applicable. Notice shall be mailed no later
26than 120 days after one of the following:
27(A) The date of the alleged conduct.
30(C) The date that a lessor provides the
7(iv) The notice shall include all of the following:
14(C) A warning advising the person charged that
15failure to contest in the manner and time provided
16shall be deemed an admission of liability, that a
17default judgment may be entered on the notice and
18that the failure to pay all unpaid tolls,
19administrative fees and costs may result in
20suspension of registration of a vehicle registered to
21the person by the department.
1reported to a police department as having been stolen, it
2shall be a defense to the allegation of liability that the
3vehicle had been reported to the police as having been stolen
4prior to the time the violation occurred and that the vehicle
5had not been recovered by the time of the violation. For
6purposes of asserting the defense under this paragraph, it
7shall be sufficient that a certified copy of the police
8report on the stolen vehicle be sent by first class mail to
9the commission or its authorized agent within 30 days after
10receiving the original notice of violation. Failure to send
11the information within the time limit under this paragraph
12shall render the owner or lessor liable for the penalty
13prescribed by this section.
14(3) An owner that is a lessor of a vehicle as to which a
15notice of violation was issued under paragraph (1) shall not
16be liable for a violation if the owner sends to the
17commission or its authorized agent a copy of the rental,
18lease or other contract document covering the vehicle on the
19date of the violation, with the name and address of the
20lessee clearly legible to the commission, within 30 days
21after receiving the original notice of violation. Failure to
22send the information within the time limit under this
23paragraph shall render the lessor liable for the penalty
24prescribed by this section. If the lessor complies with the
25provisions of this section, the lessee of the vehicle on the
26date of the violation shall be deemed to be the owner of the
27vehicle for purposes of this section and shall be subject to
28liability for the penalty under this section.
1violation of this section or rules or regulations of the
2commission based upon [the recorded information obtained from
3a violation enforcement system] any of the following shall be
4prima facie evidence of the facts contained in the report and
5shall be admissible as an official record of regularly
6conducted activity of the commission kept in the ordinary
7course of business in any proceeding charging a violation of
8this section or the toll collection rules or regulations of
12(ii) A certificate of passage.
13(5) Notwithstanding any other provision of law,
14videotapes, photographs, microphotographs, other recorded
15images, written records, reports or facsimiles prepared
16pursuant to this section shall be for the exclusive use of
17the commission, its authorized agents, its employees and law
18enforcement officials for the purpose of discharging duties
19under this section and the rules or regulations of the
20commission. The information shall not be deemed a public
21record under the act of [June 21, 1957 (P.L.390, No.212),
22referred to as the Right-to-Know Law] February 14, 2008
23(P.L.6, No.3), known as the Right-to-Know Law. The
24information shall not be discoverable by court order or
25otherwise; nor shall it be offered in evidence in any action
26or proceeding which is not directly related to a violation of
27this section, the rules or regulations of the commission or
28indemnification for liability imposed pursuant to this
29section. The restrictions set forth in this paragraph:
30(i) shall not be deemed to preclude a court of
1competent jurisdiction from issuing an order directing
2that the information be provided to law enforcement
3officials if the information is reasonably described and
4is requested solely in connection with a criminal law
6(ii) shall not be deemed to preclude the exchange of
7the information between any entities with jurisdiction
8over or which operate [an electronic] a toll collection
9system in this Commonwealth or any other jurisdiction;
11(iii) shall not be deemed to prohibit the use of
12information exclusively for the purpose of billing
13electronic toll collection account holders and other
14users of toll collection, deducting toll charges from the
15account of an account holder, enforcing toll collection
16laws and related rules and regulations or enforcing the
17provisions of an account holder agreement.
20(7) An imposition of liability pursuant to this section
21shall not be deemed a conviction of an owner and shall not be
22made part of the motor vehicle operating record of the person
23upon whom the liability is imposed, nor shall it be
24considered in the provision of motor vehicle insurance
26(8) An owner that admits, is found liable or fails to
27respond to the notice of violation for a violation of this
28section shall be civilly liable to the commission or tolling
29entity as defined in 75 Pa.C.S. § 1380(j) (relating to
30suspension of registration upon unpaid tolls) for [all of]
5(B) the maximum toll from the farthest point of
6entry on the [Pennsylvania Turnpike] tolled facility
7to the actual point of exit if the amount of the toll
8evaded or attempted to be evaded cannot be
10(ii) [A reasonable administrative fee not to exceed
11$35 per notification.] Fees and costs in an amount
12sufficient to cover the reasonable costs of collecting
13the amounts under subparagraph (i) but no greater than an
14amount set by the commission or its authorized agent or
15tolling entity as defined in 75 Pa.C.S. § 1380(j).
16(8.1) The following shall apply:
17(i) Upon failure of an owner, operator or lessee to
18pay the amount, fee and cost imposed under paragraph (8),
19the commission or its authorized agent shall send to the
20owner, operator or lessee a notice of any toll evasion
21violation setting forth the outstanding unpaid tolls and
22administrative fees and costs due to the commission and
23meeting the requirements of paragraph (1).
24(ii) The department shall suspend the registration
25of a vehicle upon the notification from the commission or
26its authorized agent that the statutory owner or
27registrant of the vehicle has failed to pay or defaulted
28in the payment of six or more violations issued under
29subsection (a)(1) or incurred unpaid tolls or
30administrative fees or costs that total a minimum of
4(iii) Prior to notifying the department under
5subparagraph (iv), the commission or its authorized agent
6shall provide the statutory owner or registrant written
7notice by first class mail of its intent to seek
8suspension of the vehicle registration under this section
9and afford the statutory owner or registrant with the
10opportunity to be heard during an administrative
12(iv) The following shall apply:
13(A) No sooner than 30 days after mailing the
14notice required under subparagraph (iii), the
15commission or its authorized agent may notify the
16department electronically, in a format prescribed by
17the department, if a statutory owner or registrant
18fails to respond, fails to pay, defaults in payment
19of six or more violations issued under subsection (a)
20(1) or incurs unpaid tolls or administrative fees or
21costs that total a minimum of $500.
22(B) If a notice has been provided under clause
23(A) and all of the violations are subsequently paid,
24dismissed, reversed on appeal or canceled, the
25commission or its authorized agent shall notify the
26department electronically, in a format prescribed by
27the department, of the disposition of the violation
28and shall provide the statutory owner or registrant
29with a release from the suspension.
30(v) A suspension under subparagraph (ii) shall
1continue until the department receives notice from the
2commission or its authorized agent that all of the
3violations are paid, dismissed, reversed on appeal or
4canceled or the defendant enters into an agreement with
5the commission or its authorized agent to make
6installment payments for the tolls, administrative fees
7and costs imposed and pays the fee prescribed under 75
8Pa.C.S. § 1960 (relating to reinstatement of operating
9privilege or vehicle registration), except that the
10suspension may be reimposed by the department if the
11defendant fails to make regular installment payments.
12(vi) The department shall impose an additional
13period of registration suspension if, subsequent to the
14issuance of a suspension under subparagraph (ii), and
15prior to the restoration of the registration, the
16department is notified by the commission or its
17authorized agent that the statutory owner or registrant
18has failed to respond, failed to pay or defaulted in the
19payment of an additional violation issued under
6(1) Except as set forth under paragraph (2),
7notwithstanding any other provision of law, all of the
8following apply to information kept by the commission, its
9authorized agents or its employees which is related to the
10account of an electronic toll collection system account
12(i) The information shall be for the exclusive use
13of the commission, its authorized agents, its employees
14and law enforcement officials for the purpose of
15discharging their duties pursuant to this section and the
16rules or regulations of the commission. This subparagraph
17includes names, addresses, account numbers, account
18balances, personal financial information, credit card
19information, vehicle movement records and other
20information compiled from transactions with the account
22(ii) The information shall not be deemed a public
23record under the Right-to-Know Law, nor shall it be
24discoverable by court order or otherwise or be offered in
25evidence in any action or proceeding which is not
26directly related to the discharge of duties under this
27section, the rules or regulations of the commission or a
28violation of an account holder agreement.
1(i) Preclude a court of competent jurisdiction from
2issuing an order directing that the information be
3provided to law enforcement officials if the information
4is reasonably described and is requested solely in
5connection with a criminal law enforcement action.
10(iii) Prohibit the use of the information
11exclusively for the purpose of billing electronic toll
12collection account holders, deducting toll charges from
13the account of an account holder, enforcing toll
14collection laws and related rules or regulations or
15enforcing the provisions of an account holder agreement.
16(d.1) Temporary regulations.--Notwithstanding any other law,
17regulations promulgated by the commission during the two years
18following the effective date of this subsection shall be deemed
19temporary regulations which shall expire no later than three
20years following the effective date of this subsection or upon
21promulgation of final regulations. The temporary regulations
22shall not be subject to any of the following:
3(1) is the beneficial or equitable owner of the vehicle;
4(2) has title to the vehicle; or
5(3) is the registrant or coregistrant of the vehicle
6registered with the department or a comparable agency of
7another jurisdiction or uses the vehicle in its vehicle
8renting or leasing business. The term includes a person
9entitled to the use and possession of a vehicle subject to a
10security interest in another person.] Definitions.--As used
11in this section, the following words and phrases shall have
12the meanings given to them in this subsection unless the
13context clearly indicates otherwise:
14"Owner." As follows:
15(1) A person, corporation, firm, partnership, agency,
16association, organization, governmental entity or lessor
17that, at the time a vehicle is operated in violation of this
18section or rules or regulations of the commission, meets any
19of the following:
22(ii) Has title to the vehicle.
23(iii) Is the registrant or coregistrant of the
24vehicle registered with the department or a comparable
25agency of another jurisdiction or uses the vehicle in its
26vehicle renting or leasing business.
30"Statutory owner." The term shall have the same meaning as
3§ 9110. Public-private transportation partnership agreement.
4* * *
5(f) User fees.--A provision establishing whether user fees
6will be imposed for use of the public-private transportation
7project and the basis by which any user fees will be imposed and
8collected shall be determined in the public-private
9transportation partnership agreement. If a user fee is proposed
10as part of the public-private transportation project, a
11proprietary public entity shall include provisions in the
12agreement that authorize the collection of user fees, tolls,
13fares or similar charges, including provisions that:
14* * *
15(5) In the event an operator of a vehicle fails to pay
16the prescribed toll or user fee at any location on a public-
17private transportation project where tolls or user fees are
18collected by means of an electronic or other automated or
19remote form of collection, the collection provisions of
20section 8117 (relating to [electronic] toll collection) shall
21apply except that the development entity shall possess all of
22the rights, roles, limitations and responsibilities of the
23Pennsylvania Turnpike Commission.
24* * *
25Section 12. Title 74 is amended by adding chapters to read:
309202. Maintenance agreement.
1§ 9201. Definitions.
7"Municipality." A city, borough, town or township.
18§ 9202. Maintenance agreement.
19(a) Agreement.--A municipality may enter into an agreement
20with the department to replace, synchronize and time traffic
21signals located within a designated traffic corridor. The terms
22of the agreement may specify that the municipality provide
23services to the department. The agreement shall not exceed the
24time period of the useful life of the traffic signals. The
25municipality shall, during the duration of the agreement,
26properly maintain and time the traffic signals in accordance
27with the agreement.
2(c) Maintenance.--If the department determines that one or
3more traffic signals located in a traffic corridor is not being
4maintained or timed in accordance with an agreement under
5subsection (a), the department shall provide written notice to
6all municipalities subject to the agreement no less than 60 days
7prior to taking any action to correct the improper maintenance
8and timing. The written notice shall specify the maintenance and
9timing deficiencies that are to be corrected.
10(1) A municipality subject to the agreement under
11subsection (a) shall have 60 days to correct the deficiencies
12contained in the written notice or to contest, in writing,
13the findings of the department within 30 days of receipt of
14the written notice.
18(3) A municipality that contests the deficiencies
19specified in the written notice shall have 30 days to enter
20into an agreement with the department related to the
21deficiencies specified in the written notice.
22(4) If the department and the municipality do not enter
23into an agreement under paragraph (3), the department and the
24municipality shall agree to binding arbitration with a civil
25engineer licensed by the Commonwealth who has substantial
26experience in traffic engineering. The engineer may not be
27under contract with the department or municipality or
4(e) Payment for failure to correct deficiencies.--If the
5department takes action under subsection (c), the department may
6deduct the actual costs of correcting the deficiencies in
7maintenance and timing from the payments made to the
8municipality under the act of June 1, 1956 (1955 P.L.1944,
9No.655), referred to as the Liquid Fuels Tax Municipal
10Allocation Law, and 75 Pa.C.S. Chs. 89 (relating to Pennsylvania
11Turnpike) and 95 (relating to taxes for highway maintenance and
14BRIDGE BUNDLING PROGRAM
179302. Bundling authorization.
189303. Bridge Bundling Program.
199304. Grant limitation exceptions.
20§ 9301. Definitions.
3"Program." The Bridge Bundling Program.
4§ 9302. Bundling authorization.
9§ 9303. Bridge Bundling Program.
18(1) Are within geographical proximity to each other.
19(2) Are of similar size or design.
4(4) Based on the response from local governments under
5paragraph (3), the department shall make a final
6determination of bridges to be designed and constructed under
7the program and provide a list to the appropriate planning
8organizations for inclusion in lists of funded projects.
9(4.1) A determination shall not be:
10(i) considered to an adjudication under 2 Pa.C.S.
11Chs. 5 Subch. A (relating to practice and procedure of
12Commonwealth agencies) and 7 Subch. A (relating to
13judicial review of Commonwealth agency action); and
14(ii) appealable to the department or a court of law.
15(5) The following shall apply:
16(i) A local government that agrees to participate in
17the program for one or more of its bridges that qualify
18for the program must enter into an agreement with the
19department. The agreement shall define the department's
20responsibility for the design and construction of the
21bridges and the continuing ownership and maintenance
22responsibilities of the local government for the local
23bridges replaced or rehabilitated under this program.
7§ 9304. Grant limitation exceptions.
8(a) Exceptions.--Notwithstanding section 2(c) of the bridge
9budget act, a local government shall not be required to pay any
10local share of the costs associated with the design and
11construction of the bridge.
12(b) Nonparticipation.--Notwithstanding section 2(c) of the
13bridge budget act, a local government with bridges that are
14recommended for participation in the program which refuses to
15participate in the program shall be required to pay 30% of the
16non-Federal share of the costs for those local bridges.
20§ 1307. Period of registration.
21(a) Staggered renewal system to be established.--The
22department shall establish a system of staggered registration
23renewal in a manner that an approximately equal number of
24registrations will expire every month throughout [the year] a
25two-year period. In order to implement and maintain the
26staggered registration system, the department may prorate annual
27registration fees over registration periods of from [6 to] 18 to
1car, recreational motor vehicle, motorcycle, truck or farm
2vehicle which does not have a gross vehicle weight rating of
3more than 10,000 pounds may register the vehicle with the
4department for a period of successive months of less than [one
5year] two years. The applicant shall specify the period of
6months during which the vehicle shall be registered. Except when
7the department initially converts a currently valid [annual]
8registration to a seasonal registration, the [annual] fee
9prescribed for the vehicle by Chapter 19 (relating to fees)
10shall be paid in full by the applicant regardless of the number
11of months chosen for registration by the applicant. Upon receipt
12of the appropriate fee and the properly completed form,
13including all information required by this chapter, the
14department shall issue a seasonal registration that shall expire
15on the last day of the expiration month chosen by the
16registrant. No insurer of a vehicle belonging to any owner or
17lessee who obtains a seasonal registration and who applies for
18or receives a reduced automobile insurance premium on account
19thereof shall be required to provide any contractual coverage,
20whether in the form of the provision of a defense or the payment
21of first-party or third-party benefits or otherwise, to the
22owner or lessee in connection with any event occurring during
23that part of the [year] registration period in which the vehicle
24is not registered; and such owner or lessee shall be treated for
25all purposes, including, without limitation, ascertaining rights
26to stack coverages and to uninsured and underinsured motorist
27coverage, as a person who does not own that vehicle and has no
28duty to carry financial responsibility on it for that part of
29the [year] registration period.
30(b) New registration.--A new registration is effective on
1the date of issuance of a registration card by the department or
2the date of issuance of a temporary registration card by an
3authorized agent of the department under section 1310 (relating
4to temporary registration cards). Except as otherwise provided
5under this chapter, a new registration shall expire two years
6after the last day of the month preceding either the date of
7issuance of a registration card by the department or the date of
8issuance of a temporary registration card by either the
9department or an authorized agent of the department, whichever
11(c) Renewal of registration.--A renewed registration shall
12be effective on issuance by the department of a renewed
13registration card. Except as otherwise provided under this
14chapter, a renewed registration shall expire as follows:
15(1) If a registration is renewed before two months have
16elapsed since its scheduled expiration, the renewed
17registration shall expire two years after the last day of the
18month in which it had been scheduled to expire.
19(2) If a registration is renewed after two months have
20elapsed since expiration, the renewed registration shall
21expire two years after the last day of the month preceding
22the date of issuance of the renewed registration.
23* * *
27Section 14. Section 1353 of Title 75 is amended to read:
28§ 1353. Preserve our heritage registration plate.
1preserve our heritage registration plate. Upon receipt of an
2application, accompanied by a fee of [$35] $54 which shall be in
3addition to the annual registration fee, the department shall
4issue the plate for a passenger car, motor home, trailer or
5truck with a registered gross weight of not more than 10,000
6pounds. The Historical Preservation Fund shall receive $15 of
7each additional fee for this plate.
8Section 15. Section 1354 of Title 75 is repealed:
9[§ 1354. Flagship Niagara commemorative registration plate.
10(a) Plate.--The department, in consultation with the
11Pennsylvania Historical and Museum Commission, shall design a
12Flagship Niagara commemorative registration plate. Upon
13application of any person, accompanied by a fee of $35 which
14shall be in addition to the annual registration fee, the
15department shall issue the plate for a passenger car, motor
16home, trailer or truck with a registered gross weight of not
17more than 10,000 pounds.
18(b) Use of fee.--Of each fee paid under subsection (a), $15
19shall be deposited into the Flagship Niagara Account, which is
20established as a special account in the Historical Preservation
21Fund of the Pennsylvania Historical and Museum Commission. The
22commission shall administer the account as follows:
30§ 1355. Zoological plate.
1The department, in consultation with the Pennsylvania
2Zoological Council, shall design a special zoological
3registration plate. Upon application of any person, accompanied
4by a fee of [$35] $54 which shall be in addition to the annual
5registration fee, the department shall issue the plate for a
6passenger car, motor home, trailer or truck with a registered
7gross weight of not more than 10,000 pounds. The Zoological
8Enhancement Fund shall receive $15 of the fee paid by the
9applicant for the plate.
10§ 1358. DARE plate.
11The department, in consultation with the Pennsylvania
12Commission on Crime and Delinquency, shall design a special drug
13abuse resistance education (DARE) registration plate which
14utilizes the DARE logo or slogan in the design. Upon application
15of any person, accompanied by a fee of [$35] $53 which shall be
16in addition to the annual registration fee, the department shall
17issue the plate for a passenger car, motor home, trailer or
18truck with a registered gross weight of not more than 10,000
19pounds. The Drug Abuse Resistance Education Program shall
20receive $15 of each additional fee for this plate.
23§ 1380. Suspension of registration upon unpaid tolls.
24(a) Suspension of registration.--
11(b) Notice.--Prior to notifying the department under
12subsection (c), the tolling entity shall provide the owner or
13registrant written notice by first class mail of its intent to
14seek suspension of the vehicle registration pursuant to this
15section and afford the owner or registrant with the opportunity
16to be heard during an administrative proceeding.
17(c) Notice to the department.--Not sooner than 30 days after
18mailing the notice under subsection (b), the tolling entity,
19provided it has entered into an agreement with the department to
20enforce the provisions of this section, may notify the
21department electronically in a format prescribed by the
22department whenever an owner or registrant meets the
23requirements for suspension under subsection (a)(1). When a
24tolling entity has provided notice under this subsection and all
25of the violations are subsequently paid, dismissed, reversed on
26appeal or canceled, the tolling entity shall notify the
27department electronically in a format prescribed by the
28department of the disposition of the violation and shall provide
29the owner or registrant with a release from the suspension.
30(d) Period of suspension.--A suspension under subsection (a)
1shall continue until the department receives notice from the
2tolling entity that the violations are paid, dismissed, reversed
3on appeal or canceled or the owner or registrant enters into an
4agreement with the tolling entity to make installment payments
5for tolls, administrative fees and costs imposed and pays the
6fee prescribed in section 1960 (relating to reinstatement of
7operating privilege or vehicle registration), provided that the
8suspension may be reimposed by the department if the owner or
9registrant fails to make regular installment payments.
10(e) Additional suspension.--The department shall impose an
11additional period of registration suspension if, subsequent to
12the issuance of a suspension under subsection (a) but prior to
13the restoration of the registration, the department is notified
14by the tolling entity that the owner or registrant has failed to
15pay, failed to respond or defaulted in the payment of an
16additional violation issued pursuant to 74 Pa.C.S. § 8117(a)(1).
17(f) Violations outside Commonwealth.--The department shall
18suspend the registration of a vehicle upon the notification from
19a tolling entity that has entered into an enforcement agreement
20with the department as authorized under section 6146 (relating
21to enforcement agreements) for any toll violation of that state
22or an authority or for failure to pay any fine or costs imposed
23in accordance with the laws of the jurisdiction in which the
24violation occurred. A person who provides proof satisfactory to
25the department that the full amount of the fine and costs has
26been forwarded to and received by the other state may not be
27regarded as having failed to pay for the purposes of this
1from the appropriate agency of the Commonwealth or another state
2shall be admissible into evidence to support the department's
3case. In addition, the department may treat the documents and
4reports as documents of the department and use any of the
5methods of storage permitted under the provisions of 42 Pa.C.S.
6§ 6109 (relating to photographic copies of business and public
7records) and may reproduce the documents in accordance with the
8provisions of 42 Pa.C.S. § 6103 (relating to proof of official
9records). The department may certify that it has received or
10obtained documents and reports from a tolling entity, the
11Commonwealth or other states, and the certification shall be
12prima facie proof of the facts contained in the documents and
14(h) Three-year statute of limitations.--No suspension may be
15imposed based upon a violation of 74 Pa.C.S. § 8117(a)(1) or
16similar provision from another state more than three years after
17the violation is committed.
18(i) Collection of out-of-State tolls.--The department or a
19tolling agency may collect the civil penalties and tolls imposed
20by an out-of-State tolling entity if the department or tolling
21entity has entered into a reciprocity agreement that confirms
22all of the following:
23(1) The other state or tolling entity has its own
24effective reciprocal procedures for collecting penalties and
25tolls imposed by a Commonwealth tolling entity and agrees to
26collect penalties and tolls of the Commonwealth tolling
27entity by employing sanctions that include denial of a
28person's right to register or reregister a motor vehicle.
7(4) An owner of a motor vehicle registered in this
8Commonwealth may present evidence to the other state or
9tolling entity by mail, telephone, electronic means or other
10means to invoke rights of due process, without having to
11appear personally in the jurisdiction where the violation is
12alleged to have occurred.
13(5) The reciprocal collection agreement between the
14department or a tolling entity and the other state or tolling
15entity provides that each party may charge the other a fee
16sufficient to cover the costs of collection services,
17including costs incurred by the agency that registers motor
19(j) Definition.--As used in this section, the term "tolling
20entity" means the Pennsylvania Turnpike Commission, an entity
21authorized to impose and collect tolls in accordance with the
22laws of Pennsylvania, including 74 Pa.C.S. Ch. 91 (relating to
23public-private transportation partnerships) or the laws of
24another state or states and any authorized agent of such an
28§ 1514. Expiration and renewal of drivers' licenses.
1than [four] six years as may be determined by the department.
2Every license shall be renewable on or before its expiration
3upon application, payment of the required fee, and satisfactory
4completion of any examination required or authorized by this
6(a.1) Hazardous materials endorsement.--A driver's license
7containing a hazardous materials endorsement shall expire on the
8day after the licensee's birthday not less than 49 months nor
9more than 60 months from the date of validation by the
11(a.2) Staggered renewals.--The department shall establish a
12system of staggered driver's license renewal in a manner that an
13approximately equal number of driver's licenses will expire
14annually throughout <-an a six-year period. In order to implement
15and maintain the staggered driver's license renewal system, the
16department may issue driver's licenses for periods of 37 to 72
17months. The department shall pro rate the fees imposed under
18Chapter 19 (relating to fees) as appropriate.
19* * *
20(e) Noncitizen license expiration and renewal.--
21(1) Except as otherwise provided, a license issued on
22the basis of Immigration and Naturalization Service (INS)
23credentials or documents shall expire on the date appearing
24on the INS credentials or documents provided by the applicant
25under section 1506(a.1) (relating to application for driver's
26license or learner's permit).
27(2) If the expiration date of the INS credentials or
28documents exceeds [four] six years, the license shall expire
29one day after the applicant's date of birth but not more than
30[four] six years from the date of issuance of the license.
4(4) If a person has been granted permanent legal status
5in the United States by the INS, the department may in its
6discretion require the person to present his INS credentials
7or documents for only the first license application or
15§ 1553. Occupational limited license.
16* * *
20* * *
21§ 1554. Probationary license.
22* * *
23(c) Fee.--The fee for applying for a probationary license
24shall be [$25] $35. The fee shall be nonrefundable. The annual
25fee for issuance of a probationary license shall be [$50] $75,
26plus the cost of the photograph required in section 1510(a)
27(relating to issuance and content of driver's license), which
28shall be in addition to all other licensing fees.
29* * *
30§ 1617. Fees.
1Fees relating to commercial drivers' licenses to be collected
2by the department under this chapter shall be in addition to any
3other fees imposed under the provisions of this title and are as
7(2) In addition to any other restoration fee required by
8this title, an additional restoration fee of [$50] $100 shall
9be assessed and collected before reinstating a commercial
10driver's operating privilege following a suspension or
11revocation under this title or disqualification under this
13(3) If the commercial driving privilege of a driver is
14disqualified, a Class C noncommercial or M license, if the
15driver possesses the motorcycle qualification, may be
16obtained upon payment of the fees associated with obtaining a
18(4) An additional fee of [$10] $15 shall be imposed for
19the initial issuance or renewal of a commercial driver's
20license with an "H" or "X" endorsement, in addition to the
21cost of a criminal history background check as required by
22the USA Patriot Act of 2001 (Public Law 107-56, 115 Stat.
24§ 1786. Required financial responsibility.
25* * *
26(d) Suspension of registration and operating privilege.--
27(1) The Department of Transportation shall suspend the
28registration of a vehicle for a period of three months if it
29determines the required financial responsibility was not
30secured as required by this chapter and shall suspend the
1operating privilege of the owner or registrant for a period
2of three months if the department determines that the owner
3or registrant has operated or permitted the operation of the
4vehicle without the required financial responsibility. The
5operating privilege shall not be restored until the
6restoration fee for operating privilege provided by section
71960 (relating to reinstatement of operating privilege or
8vehicle registration) is paid.
9(1.1) In lieu of serving a registration suspension
10imposed under this section, an owner or registrant may pay to
11the department a civil penalty of $500, the restoration fee
12prescribed under section 1960 and furnish proof of financial
13responsibility in a manner determined by the department.
14(2) Whenever the department revokes or suspends the
15registration of any vehicle under this chapter, the
16department shall not restore or transfer the registration
17until the suspension has been served or the civil penalty has
18been paid to the department and the vehicle owner furnishes
19proof of financial responsibility in a manner determined by
20the department and submits an application for registration to
21the department, accompanied by the fee for restoration of
22registration provided by section 1960. This subsection shall
23not apply in the following circumstances:
24(i) The owner or registrant proves to the
25satisfaction of the department that the lapse in
26financial responsibility coverage was for a period of
27less than 31 days and that the owner or registrant did
28not operate or permit the operation of the vehicle during
29the period of lapse in financial responsibility.
30(ii) The owner or registrant is a member of the
1armed services of the United States, the owner or
2registrant has previously had the financial
3responsibility required by this chapter, financial
4responsibility had lapsed while the owner or registrant
5was on temporary, emergency duty and the vehicle was not
6operated during the period of lapse in financial
7responsibility. The exemption granted by this paragraph
8shall continue for 30 days after the owner or registrant
9returns from duty as long as the vehicle is not operated
10until the required financial responsibility has been
12(iii) The insurance coverage has terminated or
13financial responsibility has lapsed simultaneously with
14or subsequent to expiration of a seasonal registration,
15as provided in section 1307(a.1) (relating to period of
17(3) An owner whose vehicle registration has been
18suspended under this subsection shall have the same right of
19appeal under section 1377 (relating to judicial review) as
20provided for in cases of the suspension of vehicle
21registration for other purposes. The filing of the appeal
22shall act as a supersedeas, and the suspension shall not be
23imposed until determination of the matter as provided in
24section 1377. The court's scope of review in an appeal from a
25vehicle registration suspension shall be limited to
1responsibility coverage as required by law for that
2vehicle or that the owner, registrant or driver was
3requested to provide proof of financial responsibility to
4the department, a police officer or another driver and
5failed to do so. Notice to the department of the lapse,
6termination or cancellation or the failure to provide the
7requested proof of financial responsibility shall create
8a presumption that the vehicle lacked the requisite
9financial responsibility. This presumption may be
10overcome by producing clear and convincing evidence that
11the vehicle was insured at all relevant times.
12(4) Where an owner or registrant's operating privilege
13has been suspended under this subsection, the owner or
14registrant shall have the same right of appeal under section
151550 (relating to judicial review) as provided for in cases
16of suspension for other reason. The court's scope of review
17in an appeal from an operating privilege suspension shall be
18limited to determining whether:
21(ii) the owner or registrant operated or permitted
22the operation of the same vehicle when it was not covered
23by financial responsibility. The fact that an owner,
24registrant or operator of the motor vehicle failed to
25provide competent evidence of insurance or the fact that
26the department received notice of a lapse, termination or
27cancellation of insurance for the vehicle shall create a
28presumption that the vehicle lacked the requisite
29financial responsibility. This presumption may be
30overcome by producing clear and convincing evidence that
1the vehicle was insured at the time that it was driven.
2(5) An alleged lapse, cancellation or termination of a
3policy of insurance by an insurer may only be challenged by
4requesting review by the Insurance Commissioner pursuant to
5Article XX of the act of May 17, 1921 (P.L.682, No.284),
6known as The Insurance Company Law of 1921. Proof that a
7timely request has been made to the Insurance Commissioner
8for such a review shall act as a supersedeas, staying the
9suspension of registration or operating privilege under this
10section pending a determination pursuant to section 2009(a)
11of The Insurance Company Law of 1921 or, in the event that
12further review at a hearing is requested by either party, a
13final order pursuant to section 2009(i) of The Insurance
14Company Law of 1921.
15* * *
16§ 1904. Collection and disposition of fees and moneys.
17[The] (a) General rule.--Except as provided under this
18section, the department shall collect all fees payable under
19this title and all other moneys received in connection with the
20administration of this title and transmit them to the State
21Treasurer for deposit in the Motor License Fund. Moneys paid in
22error may be refunded by the department.
23(b) Disposition.--Fees collected under sections 1951(c)
24(relating to driver's license and learner's permit), 1952
25(relating to certificate of title), 1953 (relating to security
26interest), 1955 (relating to information concerning drivers and
27vehicles), 1956 (relating to certified copies of records) and
281958 (relating to certificate of inspection) shall be
29transmitted to the State Treasurer for deposit in the following
10(c) Automatic three-year adjustment.--
11(1) Except as provided under paragraph (2), for the 36-
12month period beginning July 1, 2016, through June 30, 2019,
13and for each like 36-month period thereafter, all fees
14charged under this title shall be increased by an amount
15calculated by applying the percentage change in the Consumer
16Price Index for All Urban Consumers (CPI-U) for the most
17recent 36-month period, calculated from March 1 through
18February 28, beginning on the date the fees charged under
19this title were last increased and for which figures have
20been officially reported by the United States Department of
21Labor, Bureau of Labor Statistics, immediately prior to the
22date the adjustment is due to take effect, to the then
23current fee amounts authorized.
24(2) Fees charged under section 1916 (relating to trucks
25and truck tractors) shall be increased on July 1, 2017, for
26the period beginning on July 1, 2017, through June 30, 2020,
27and for each like 36-month period thereafter in the same
28manner and with the same requirements prescribed under
30§ 1911. Annual registration fees.
1(a) General rule.--[An annual] A fee for the registration of
2vehicles as provided in Chapter 13 (relating to the registration
3of vehicles) shall be charged by the department as provided in
5(b) Department to establish certain fees.--If a vehicle to
6be registered is of a type not specifically provided for by this
7title and is otherwise eligible for registration, the department
8shall determine the most appropriate fee or fee schedule for the
9vehicle or type of vehicle based on such factors as design and
11§ 1912. Passenger cars.
14§ 1913. Motor homes.
Weight in Pounds
8,000 or less
8,001 - 11,000
11,001 or more
23§ 1914. Motorcycles.
26§ 1915. Motor-driven cycles.
29§ 1916. Trucks and truck tractors.
30(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
1(2) A portion of the registration fee for any truck or
2truck tractor in Classes 9 through 25 shall be deposited in
3the Highway Bridge Improvement Restricted Account within the
4Motor License Fund according to the following table:
Amount Deposited in
Highway Bridge Improvement
12* * *
13§ 1917. Motor buses and limousines.
1826 or less
$  12 per seat
1927 - 51
 336 plus [$11.25] $16 per
2152 or more
22§ 1918. School buses and school vehicles.
25§ 1920. Trailers.
30Weight in Pounds
13,000 or less
$  23
23,001 - 10,000
310,001 or more
4(b) Optional five-year registration.--A trailer with a
5registered gross weight of 10,000 pounds or less may be
6registered for a period of five years upon payment by the
7registrant of the applicable fee for such period.
8(c) Optional permanent registration.--A trailer with a
9registered gross weight of 10,001 or more pounds may be
10registered for a one-time fee of [$135] $194 in lieu of the
11annual fee at the option of the registrant.
12§ 1921. Special mobile equipment.
15§ 1922. Implements of husbandry.
19§ 1923. Antique, classic and collectible vehicles.
24§ 1924. Farm vehicles.
Weight in pounds
10,000 or less
greater than 10,000 and not
greater than 17,000
greater than 17,000
12§ 1925. Ambulances, taxis and hearses.
15§ 1926. Dealers and miscellaneous motor vehicle business.
25* * *
26§ 1926.1. Farm equipment vehicle dealers.
30§ 1927. Transfer of registration.
1The fee for transfer of registration shall be [$6] $9.
4The fee payable by a dealer or other dispensing agent for a
5temporary registration plate or for a registration plate to be
6issued for new registration processed electronically with the
7department shall be [$5] $14. The charge of the agent for
8providing an applicant with a plate under this section shall not
9exceed a total of [$10] $14.
10§ 1929. Replacement registration plates.
13§ 1930. Legislative registration plates.
14The fee for issuance of a legislative registration plate
15shall be [$20] $76 which shall be in addition to the annual
16registration fee. Only one payment of the issuance fee shall be
17charged for each legislative registration plate issued or
19§ 1931. Personal registration plates.
20The fee for issuance of a personal registration plate shall
21be [$20] $76 which shall be in addition to the annual
22registration fee. Only one payment of the issuance fee shall be
23charged for each personal registration issued or replaced.
24§ 1931.1. Street rod registration plates.
25The fee for the issuance of a street rod registration plate
26shall be [$20] $51 which shall be in addition to the annual
27registration fee. Only one payment of the issuance fee shall be
28charged for each street rod registration plate issued or
30§ 1932. Duplicate registration cards.
1The fee for each duplicate registration card when ordered at
2the time of vehicle registration, the transfer or renewal of
3registration or the replacement of a registration plate shall be
4[$1.50] $2. The fee for each duplicate registration card issued
5at any other time shall be [$4.50] $6.
6§ 1933. Commercial implements of husbandry.
10§ 1942. Special hauling permits as to weight and size.
22* * *
25§ 1943. Annual hauling permits.
26(a) Quarry equipment and machinery.--The annual fee for
27operation or movement of each piece of heavy quarry equipment or
28machinery, as provided for in section 4966 (relating to permit
29for movement of quarry equipment), shall be [$500] $706.
30(c) Course of manufacture.--The annual fee for operation or
4(1) Oversized movements:
9(2) Overweight movements:
19(d) Multiple highway crossings.--The annual fee for a single
20permit for multiple highway crossings, as provided for in
21section 4965 (relating to single permits for multiple highway
22crossings), shall be [$300] $415.
23(e.1) Special mobile equipment.--The annual fee for hauling
24or towing each piece of special mobile equipment, as provided
25for in section 4975 (relating to permit for movement of special
26mobile equipment), shall be [$200] $300.
27(f) Containerized cargo.--The annual company fee for
28movement of any combination with overweight containerized cargo
29as provided for in section 4974 (relating to permit for movement
30of containerized cargo) shall be:
11(g) Domestic animal feed.--The annual fee for movement of
12each vehicle hauling domestic animal feed, in bulk, as provided
13for in section 4976 (relating to permit for movement of domestic
14animal feed) shall be [$400] $587.
18(h) Movement of wooden structures.--The annual fee for
19movement of wooden structures as provided for in section 4977
20(relating to permit for movement of wooden structures) shall be
22(i) Live domestic animals.--The annual permit fee for each
23truck tractor authorized to transport live domestic animals, as
24provided in section 4976.1 (relating to permit for movement of
25live domestic animals), shall be [$400] $520.
26(j) Building structural components.--The permit fee for each
27truck tractor authorized to transport building structural
28components, as provided in section 4978 (relating to permit for
29movement of building structural components), shall be [$100]
30$141 for each month the permit is valid.
1(k) Utility construction equipment.--The permit fee for
2utility construction equipment, as provided for in section
34970(a) (relating to permit for movement of construction
4equipment), shall be [$100] $141 for each month the permit is
6(l) Particleboard or fiberboard.--The annual fee for
7movement of particleboard or fiberboard, as provided for in
8section 4979 (relating to permit for movement of particleboard
9or fiberboard used for the manufacture of ready-to-assemble
10furniture), shall be [$800] $1,130.
14(1) [$800] $1,130 for a distance up to 50 miles.
17(n) Waste coal and beneficial combustion ash.--The annual
18fee for the movement of waste coal and beneficial combustion
19ash, as provided for in section 4979.2 (relating to permit for
20movement of waste coal and beneficial combustion ash), shall be
22(o) Float glass or flat glass.--The annual fee for the
23movement of float glass or flat glass, as provided for in
24section 4979.3 (relating to permit for movement of float glass
25or flat glass for use in construction and other end uses), shall
26be [$800] $1,209.
27(p) Self-propelled cranes.--The annual permit fee for each
28self-propelled crane, as provided for in section 4979.4
29(relating to permit for movement of self-propelled cranes),
30shall be as follows:
8(q.1) Nonhazardous liquid glue.--The annual fee for the
9movement of nonhazardous liquid glue, as provided for in section
104979.5 (relating to permit for movement of nonhazardous liquid
11glue), shall be [$800] $1,000.
15(r) Excess damage permit.--The annual fee for excess damage
16permits, as provided for in section 4961(d) (relating to
17authority to issue permits), shall be [$500] $640 to cover the
18costs of administering the permit and inspections of the
25The fee for a special hauling permit for a mobile home,
26modular housing unit or modular housing undercarriage which
27exceeds the maximum size prescribed in this title but which does
28not exceed 14 feet in body width shall be [$25] $39. The fee for
29a special hauling permit for a mobile home or modular housing
30unit, as provided in section 4973 (relating to permits for
3§ 1945. Books of permits.
4* * *
8§ 1947. Refund of certain fees.
12§ 1951. Driver's license and learner's permit.
13(a) Driver's license.--The driver's license fee [for each
14year or partial year] shall be [$5.25] $7 plus the cost of the
15photograph required in section 1510(a) (relating to issuance and
16content of driver's license).
17(a.1) Senior citizen.--The driver's license fee for each
18year or partial year for a senior citizen 65 years of age and
19older shall be $5.25 plus the cost of the photograph required
20under section 1510(a) (relating to issuance and content of
29§ 1952. Certificate of title.
30(a) General rule.--The fee for issuance of a certificate of
1title shall be [$22.50] $33.
2(b) Manufacturer's or dealer's notification.--The fee for a
3manufacturer's or dealer's notification of acquisition of a
4vehicle from another manufacturer or dealer for resale pursuant
5to section 1113 (relating to transfer to or from manufacturer or
6dealer) shall be [$3] $4.
7§ 1953. Security interest.
10§ 1955. Information concerning drivers and vehicles.
11(a) Drivers, registrations, titles and security interests.--
12The fee for a copy of written or electronic information relating
13to a driver, registration, title or security interest shall be
15* * *
16§ 1956. Certified copies of records.
17(a) Department records.--The fee for a certified copy of any
18department record which the department is authorized by law to
19furnish to the public shall be [$5] $19 for each form or
20supporting document comprising such record.
21(b) State Police reports.--The fee for a certified
22Pennsylvania State Police record of investigation of a vehicle
23accident which the Pennsylvania State Police are authorized by
24this title to furnish to the public shall be [$5] $19 for each
25copy of the Pennsylvania State Police full report of
27§ 1957. Uncollectible checks.
1for each driver's license, registration, replacement of tags,
2transfer of registration, certificate of title, whether original
3or duplicate, special hauling permit and each other unit of
4issue by the department or municipality, plus all protest fees,
5to the person presenting the check, to cover the cost of
7§ 1958. Certificate of inspection.
8(a) General rule.--The department shall charge [$2] $5 for
9each annual certificate of inspection [and $1], $2 for each
10semiannual certificate of inspection and $2 for each certificate
12§ 1959. Messenger service.
26The department shall charge a fee of [$25] $70 or, if section
271379 (relating to suspension of registration upon sixth unpaid
28parking violation in cities of the first class) or 1786(d)
29(relating to required financial responsibility) applies, a fee
30of [$50] $88 to restore a person's operating privilege or the
1registration of a vehicle following a suspension or revocation.
2§ 1961. Secure power of attorney.
8* * *
11* * *
12(d) Operation without identification markers unlawful.--
13Except as provided in paragraphs (2) and (3), it shall be
14unlawful to operate or to cause to be operated in this
15Commonwealth any qualified motor vehicle unless the vehicle
16bears the identification markers required by this section or
17valid and unrevoked IFTA identification markers issued by
18another IFTA jurisdiction.
19(1) The Secretary of Revenue may by regulation exempt
20from the requirement to display the identification markers
21those qualified motor vehicles which in his opinion are
22clearly identifiable such that effective enforcement of this
23chapter will not suffer thereby.
24(2) For a period not exceeding 30 days as to any one
25motor carrier, the Secretary of Revenue by letter or telegram
26may authorize the operation of a qualified motor vehicle or
27vehicles without the identification markers required when
28both the following are applicable:
1such qualified motor vehicle; and
17(3) A motor carrier may, in lieu of paying the tax
18imposed and filing the tax report required by Chapter 96 and
19in lieu of complying with any other provisions of this
20section that would otherwise be applicable as a result of the
21operation of a particular qualified motor vehicle, obtain
22from the Department of Revenue a trip permit authorizing the
23carrier to operate the qualified motor vehicle for a period
24of five consecutive days. The Department of Revenue shall
25specify the beginning and ending days on the face of the
26permit. The fee for a trip permit for each qualified motor
27vehicle is [$50] $73 which shall be deposited in the Highway
28Bridge Improvement Restricted Account within the Motor
29License Fund. The report otherwise required under Chapter 96
30is not required with respect to a vehicle for which a trip
1permit has been issued under this subsection.
2* * *
5§ 3111. Obedience to traffic-control devices.
6* * *
19* * *
22§ 6110. Regulation of traffic on Pennsylvania Turnpike.
23* * *
25(1) Except as otherwise provided in this subsection, any
26person violating any of the rules and regulations of the
27Pennsylvania Turnpike Commission for which no penalty has
28otherwise been provided by statute commits a summary offense
29and shall, upon conviction, be sentenced to pay a fine of
1(2) Any person violating any of the rules and
2regulations of the commission prohibiting fare evasion or
3attempted fare evasion commits a summary offense and shall,
4upon conviction for the first time, be sentenced to pay a
5fine according to the classification by the commission of the
6vehicle driven by that person at the time of violation as
8(i) Class 1 through 2: [$100] $200.
9(ii) Class 3 through 6: [$500] $2,500.
10(iii) Class 7 and higher: [$1,000] $5,000.
11(3) In addition to the fines imposed under this
12subsection, restitution shall be made to the commission in an
13amount equal to the full fare, for the appropriate vehicle
14class, from the farthest point of entry on the turnpike to
15the actual point of exit.
16(3.1) (i) A person who, while traveling upon the
17Pennsylvania Turnpike or a road under its control, takes
18an affirmative action in an attempt to evade tolls
19commits a misdemeanor of the third degree, and shall,
20upon conviction, be sentenced to pay a fine of $6,500 and
21to undergo imprisonment for not less than 60 days. For
22the purposes of this subsection, affirmative action shall
23include any of the following:
26(B) Installation of a mechanism that rotates,
27changes, blocks or otherwise mechanically alters the
28ability of a license plate to be read by a violation
29enforcement system as defined under 74 Pa.C.S. § 8102
30(relating to definitions).
14(ii) A violation of this paragraph may not preclude
15prosecution under section 1332 (relating to display of
16registration plate), section 7122 (relating to altered,
17forged or counterfeit documents and plates) or section
187124 (relating to fraudulent use or removal of
23§ 6506. Surcharge.
24(a) Levy and imposition.--In addition to any fines, fees or
25penalties levied or imposed as provided by law, under this title
26or any other statute, a surcharge shall be levied for
27disposition in accordance with subsection (b) as follows:
28* * *
1imposed under this section, upon conviction for a violation
2of Chapter 11 (relating to certificate of title and security
3interests), 13 (relating to registration of vehicles), 15
4(relating to licensing of drivers), 16 (relating to
5commercial drivers), 17 (relating to financial
6responsibility), 19 (relating to fees), 21 (relating to motor
7carriers road tax identification markers), 31 (relating to
8general provisions), 33 (relating to rules of the road in
9general), 35 (relating to special vehicles and pedestrians),
1037 (relating to miscellaneous provisions), 38 (relating to
11driving after imbibing alcohol or utilizing drugs), 41
12(relating to equipment standards), 43 (relating to lighting
13equipment), 45 (relating to other required equipment), 47
14(relating to inspection of vehicles), 49 (relating to size,
15weight and load), 61 (relating to powers of department and
16local authorities), 63 (relating to enforcement), 65
17(relating to penalties and disposition of fines), 71
18(relating to vehicle theft and related provisions), 73
19(relating to abandoned vehicles and cargos), 75 (relating to
20messenger service), 77 (relating to snowmobiles and all-
21terrain vehicles), 83 (relating to hazardous materials
22transportation), 90 (relating to liquid fuels and fuels tax),
2394 (relating to liquid fuels and fuel use tax enforcement) or
2496 (relating to motor carriers road tax), a surcharge of
26* * *
30Section 25. Section 7715.2(a) of Title 75 is amended to
2§ 7715.2. Fees.
5(1) Certificate of title, [$22.50] $29.
6(2) Expiration sticker, [$20] $26.
7(2.1) Vintage snowmobile permit, $20.
8(3) Dealer registration, $25.
9(4) Replacement, due to loss or damage, of registration
10certificate, limited registration certificate, registration
11decal, registration plate, expiration sticker or vintage
12snowmobile permit, [$5] $7.
17* * *
21§ 8901. Definitions.
25"Annual additional payments." As follows:
29(i) $200,000,000 paid as annual base payments;
30(ii) any Interstate 80 savings for that fiscal year.
1(2) If the conversion period has expired and a
2conversion notice has not been received by the secretary, in
3each subsequent fiscal year [until the end of the term of the
4lease agreement] through fiscal year 2020-2021, the annual
5additional payments shall be $250,000,000. No annual
6additional payments shall be due after fiscal year 2020-2021.
12(2) Two hundred million dollars payable annually through
13fiscal year 2020-2021 in four equal installments each due the
14last business day of each July, October, January and April.
15No annual base payments shall be due after fiscal year 2020-
17* * *
20(1) $750,000,000 in fiscal year 2007-2008.
21(2) $850,000,000 in fiscal year 2008-2009.
22(3) $900,000,000 in fiscal year 2009-2010.
23(4) For fiscal year 2010-2011 and each fiscal year
24thereafter through fiscal year 2020-2021, the amount shall be
25the amount calculated for the previous year increased by
262.5%, except that the amount shall be equal to the annual
27base payments plus $250,000,000 if the conversion notice is
28not received by the secretary prior to the expiration of the
29conversion period. No scheduled annual commission
30contribution shall be due after fiscal year 2020-2021.
3§ 8915.6. Deposit and distribution of funds.
13(3.1) For fiscal year 2016-2017, $90,000,000.
<-17(5) If, by July 1, 2021, legislation is not enacted to
18replace the revenue distributed from the fund under
19subsection (b)(2) and (3), in fiscal year 2021-2022 and in
20each fiscal year thereafter, the following shall apply:
23(ii) Notwithstanding any other provision of law,
24the source of the revenue deposited in the fund under
25this paragraph shall be the receipts from the tax
26collected under section 238 of the act of March 4, 1971
27(P.L.6, No.2), known as the Tax Reform Code of 1971, on
28motor vehicles, trailers and semi-trailers.
29(b) Distribution.--The following shall apply:
30[(1) Annually, 15% of the amount deposited in any fiscal
3* * *
6§ 9002. Definitions.
10* * *
11"Average wholesale price." The average wholesale price per
12gallon of all taxable liquid fuels and fuels, excluding the
13Federal excise tax and all liquid fuels taxes, as determined by
14the Department of Revenue for the 12-month period ending on the
15September 30 immediately prior to January 1 of the year for
16which the rate is to be set[. In] except as follows:
29* * *
30Section 29. Sections 9004(a), 9106(b)<-, 9502(a) and 9511(b)
1and (g) and 9502(a) of Title 75 are amended to read:
2§ 9004. Imposition of tax, exemptions and deductions.
3(a) Liquid fuels and fuels tax.--A [permanent State tax of
412¢ a gallon or fractional part thereof] State tax is imposed
5and assessed upon all liquid fuels and fuels used or sold and
6delivered by distributors within this Commonwealth[.] as
14* * *
15§ 9106. Dirt and gravel road maintenance.
16* * *
17(b) General rule.--Of the funds available under section
189502(a)(1) (relating to imposition of tax), [$1,000,000]
<-19$3,000,000 $7,000,000 shall be annually distributed to the
20Department of Conservation and Natural Resources for the
21maintenance and mitigation of dust and sediment pollution from
22forestry roads. Funds in the amount of [$4,000,000] <-$12,000,000
23$28,000,000 shall be appropriated annually to the State
24Conservation Commission and administered in a nonlapsing,
25nontransferable account restricted to maintenance and
26improvement of dirt and gravel roads. The State Conservation
27Commission shall apportion the funds based on written criteria
28it develops to establish priorities based on preventing dust and
29sediment pollution. In the first fiscal year, top priority shall
30be given to specific trouble spot locations already mapped by
3* * *
4§ 9502. Imposition of tax.
5(a) General rule.--
6(1) An "oil company franchise tax for highway
7maintenance and construction" which shall be an excise tax of
860 mills is hereby imposed upon all liquid fuels and fuels as
9defined and provided in Chapter 90 (relating to liquid fuels
10and fuels tax), and such tax shall be collected as provided
11in section 9004(b) (relating to imposition of tax, exemptions
12and deductions). Of the amount collected in fiscal year 2015-
132016, and each fiscal year thereafter, <-$20,000,000 at the
14discretion of the secretary, a minimum of $20,000,000 and a
15maximum of $35,000,000 shall be deposited in the Multimodal
16Transportation Fund established under 74 Pa.C.S. § 2101
17(relating to Multimodal Transportation Fund), to be expended
18in accordance with section 11 of Article VIII of the
19Constitution of Pennsylvania.
20(2) An additional 55 mills is hereby imposed on all
21liquid fuels and fuels as defined and provided in Chapter 90
22and such tax shall also be collected as provided in section
239004(b), the proceeds of which shall be distributed as
25(i) [Forty-two] Twenty-nine percent to county
26maintenance districts for highway maintenance for fiscal
27year 2013-2014 and 19% for fiscal year 2014-2015 and each
28year thereafter. This allocation shall be made according
29to the formula provided in section 9102(b)(2) (relating
30to distribution of State highway maintenance funds). This
7(iii) Thirteen percent for bridges.
13(vi) Fourteen percent for toll roads designated
14pursuant to the act of September 30, 1985 (P.L.240,
15No.61), known as the Turnpike Organization, Extension and
16Toll Road Conversion Act, to be appropriated under
18(3) An additional 38.5 mills is hereby imposed upon all
19liquid fuels and fuels as defined and provided in Chapter 90,
20and such tax shall also be collected as provided in section
219004(b), the proceeds of which shall be deposited in The
22Motor License Fund and distributed as follows:
23(i) Twelve percent to municipalities on the basis of
24and subject to the provisions of the act of June 1, 1956
25(1955 P.L.1944, No.655), referred to as the Liquid Fuels
26Tax Municipal Allocation Law, is appropriated.
26(J) For any fiscal year beginning with 1997-1998
27through and including fiscal year 2000-2001, the
28department shall make supplemental maintenance
29program payments from the Statewide highway
30restoration betterment program to those county
1maintenance districts for which the total highway
2maintenance appropriations and executive
3authorizations in accordance with section 9102(b)
4would be less than the amount received in 1996-1997
5from the highway maintenance appropriation, the
6Secondary Roads-Maintenance and Resurfacing Executive
7Authorization, the Highway Maintenance Excise Tax
8Executive Authorization and the Highway Maintenance
10The words and phrases used in this paragraph shall have the
11meanings given to them in section 9101 (relating to
12definitions). This one-time allocation shall be made in
13addition to and is not a replacement for amounts normally
14distributed to county maintenance districts under section
159102.] Fifty-three percent to the department for distribution
16in accordance with section 9102(b)(2) for fiscal year 2013-
172014 and 40% for fiscal year 2014-2015 and each fiscal year
19(iii) Thirty-five percent to the department for
20expanded highway and bridge maintenance for fiscal year
212013-2014 and 48% for fiscal year 2014-2015 and each
22fiscal year thereafter to be distributed as follows:
1(4) An additional 55 mills is hereby imposed upon all
2fuels as defined and provided in chapter 90 and such tax
3shall also be collected as provided in section 9004(b) upon
4such fuels, the proceeds of which shall be deposited in The
5Highway Bridge Improvement Restricted Account within the
6Motor License Fund and is hereby appropriated.
10§ 9511. Allocation of proceeds.
11* * *
14(1) The amount of the proceeds deposited in the Motor
15License Fund pursuant to this chapter which[, in fiscal year
161983-1984,] is attributable to [two] three mills of the tax
17imposed under section 9502(a) (relating to imposition of tax)
18[and which, in fiscal year 1984-1985 and thereafter, is
19attributable to three mills of the tax,] shall be deposited
23(A) Twenty-seven million dollars shall be
24deposited in the State Highway Transfer Restoration
25Restricted Account within the Motor License Fund. The
26funds deposited in the State Highway Transfer
27Restoration Restricted Account shall be appropriated
28annually for expenditure as provided under subsection
30(B) All funds not deposited in accordance with
1clause (A) shall be deposited in the Highway Bridge
2Improvement Restricted Account within the Motor
3License Fund for local bridges, notwithstanding if
4the project is administered by a county, municipality
5or the department.
8(A) One and one-half mill shall be deposited in
9the State Highway Transfer Restoration Restricted
10Account within the Motor License Fund, which account
11is hereby created. The funds deposited in the State
12Highway Transfer Restoration Restricted Account are
13hereby annually appropriated out of the account upon
14authorization by the Governor for expenditure as
15provided in subsection (g).
16(B) One and one-half mill shall be deposited in
17the Highway Bridge Improvement Restricted Account
18within the Motor License Fund for local bridges,
19notwithstanding if the project is administered by a
20county, municipality or the department.
21(2) If funds are available to make payments under
22subsection (g)(1), the department may transfer funds
23deposited under subparagraphs (i) and (ii) between the State
24Highway Transfer Restoration Restricted Account and the
25Highway Bridge Improvement Restricted Account at the
26discretion of the secretary.
27* * *
1Account shall be used to pay for the costs of restoration of
2such highways as provided in Chapter 92 (relating to transfer of
3State highways) and annual payments to the municipalities for
4highway maintenance in accordance with the following:
5(1) Annual maintenance payments shall be at the rate of
6$4,000 per mile for each highway or portion of highway
7transferred under Chapter 92, section 222 of the act of June
81, 1945 (P.L.1242, No.428), known as the State Highway Law,
9or any statute enacted in 1981.
10(2) Annual maintenance payments shall be paid at the
11same time as funds appropriated under the act of June 1, 1956
12(1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax
13Municipal Allocation Law, except that no maintenance payment
14shall be paid for a highway until after the year following
15its transfer to the municipality.
19(4) Annual maintenance payments under this subsection
20shall be deposited into the municipality's liquid fuels tax
21account and may be used on any streets and highways in the
22municipality in the same manner and subject to the same
23restrictions as liquid fuels tax funds paid under the Liquid
24Fuels Tax Municipal Allocation Law or, in the case of a
25county, under section 10 of the act of May 21, 1931 (P.L.149,
26No.105), known as The Liquid Fuels Tax Act.
27* * *
<-28(i) Refund to Pennsylvania Fish and Boat Commission.--
1consumed in the operation of motorboats or watercraft upon
2the waters of this Commonwealth, including waterways
3bordering on this Commonwealth, the full amount of the tax
4shall be refunded to the Boat Fund on petition to the board
5in accordance with prescribed procedures.
6(2) In accordance with such procedures, the Pennsylvania
7Fish and Boat Commission shall biannually calculate the
8amount of liquid fuels consumed by the motorcraft and furnish
9the information relating to its calculations and data as
10required by the board. The board shall review the petition
11and motorboat fuel consumption calculations of the
12commission, determine the amount of liquid fuels tax paid and
13certify to the State Treasurer to refund annually to the Boat
14Fund the amount so determined. The department shall be
15accorded the right to appear at the proceedings and make its
17(3) For the fiscal years commencing July 1, 2013, July
181, 2014, July 1, 2015, July 1, 2016, and July 1, 2017, the
19money under paragraph (2) shall be used by the commission
20acting by itself or by agreement with other Federal and State
21agencies only for the improvement of hazardous dams
22impounding waters of this Commonwealth on which boating is
23permitted, including the development and construction of
24boating areas and the dredging and clearing of water areas
25where boats can be used. For the fiscal year commencing July
261, 2018, and for each fiscal year thereafter, this money
27shall be used by the commission acting by itself or by
28agreement with other Federal and State agencies only for the
29improvement of the waters of this Commonwealth on which
30motorboats are permitted to operate and may be used for the
1development and construction of motorboat areas; the dredging
2and clearing of water areas where motorboats can be used; the
3placement and replacement of navigational aids; the purchase,
4development and maintenance of public access sites and
5facilities to and on waters where motorboating is permitted;
6the patrolling of motorboating waters; the publishing of
7nautical charts in those areas of this Commonwealth not
8covered by nautical charts published by the United States
9Coast and Geodetic Survey or the United States Army Corps of
10Engineers and the administrative expenses arising out of such
11activities; and other similar purposes.
12Section 30. The following shall apply:
13(1) No later than two years following the effective date
14of this section, the Joint State Government Commission shall
15conduct a study and submit a report to the Governor, the
16chairman and minority chairman of the Transportation
17Committee of the Senate and the chairman and minority
18chairman of the Transportation Committee of the House of
19Representatives reviewing replacement funding for the
20revenues deposited in the Public Transportation Trust Fund
21under 74 Pa.C.S. § 1506 (b)(1) and the revenues deposited in
22the Motor License Fund under 75 Pa.C.S. § 8915.6 (b)(2) and
23(3). The report shall include:
30(iii) A ranking in descending order of the sources
4(2) Entities affected by this section shall provide data
5to complete the report under paragraph (1). In its
6recommendations, the Joint State Government Commission may
7propose appropriate additional legislative changes to the
8Governor and the General Assembly.
13(2) This section shall take effect immediately.