PRINTER'S NO. 133
No. 119 Session of 1983
INTRODUCED BY SAURMAN, J. L. WRIGHT, COWELL, FARGO, MICHLOVIC,
STEVENS, CIMINI, GREENWOOD, SHOWERS, BOYES, MERRY, DORR,
D. W. SNYDER, PETERSON, WOGAN AND BELARDI, FEBRUARY 1, 1983
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 1, 1983
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for the surrender or confiscation of
3 registration plates, cards and certain drivers' licenses; and
4 further providing for exemption from fees.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 1376, 1540 and 1901(c)(16) of Title 75
8 of the Pennsylvania Consolidated Statutes are amended to read:
9 § 1376. Surrender of registration plates and cards upon
10 suspension.
11 (a) General rule.--The department, upon suspending any
12 registration, shall require the registration plate or plates and
13 registration card to be surrendered immediately to the
14 department and may delegate authority to any authorized
15 department employee [or], issuing authority, police officer,
16 district constable or writ server to seize the registration
17 plate or plates and registration card or cards.
18 (b) Issuing authorities, district constables and writ
1 servers.--Whenever the surrender of registration plates and
2 cards is accomplished through the use of issuing authorities,
3 district constables or writ servers, the procedures for the
4 surrender shall be prescribed by general rules. For each card
5 and plate set recovered by a district constable or writ server,
6 the department shall pay the officer a fee of $10 which includes
7 mileage.
8 (c) Service fee for return of plate and card.--As a
9 condition for the return of a registration plate and card
10 surrendered to a district constable or a writ server, a person
11 shall pay the department a service fee of $25.
12 [(b)] (d) Penalty.--Any person failing or refusing to
13 surrender to the department or to its authorized employee,
14 issuing authority, police officer, district constable or writ
15 server, upon demand, any registration plate or card which has
16 been suspended is guilty of a summary offense and shall, upon
17 conviction, be sentenced to pay a fine of $100.
18 § 1540. Surrender, confiscation and seizure of license.
19 (a) Conviction of offense.--Upon a conviction for any
20 offense which calls for mandatory revocation in accordance with
21 section 1532 (relating to revocation or suspension of operating
22 privilege), the court or the district attorney shall require the
23 surrender of any driver's license then held by the defendant and
24 shall forward the driver's license together with a record of the
25 conviction to the department.
26 (b) Suspension of operating privilege.--Upon the suspension
27 of the operating privilege of any person by the department, the
28 department shall forthwith notify the person in writing to
29 surrender his driver's license to the department for the term of
30 suspension.
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1 (c) Confiscation of license.--
2 (1) In addition to any other authorized method by which
3 the department may reacquire cancelled, revoked or suspended
4 drivers' licenses, a police officer who has lawfully
5 requested the exhibition of a driver's license pursuant to
6 section 1511 (relating to carrying and exhibiting driver's
7 license on demand) shall, upon verifying with the department
8 that the license has been cancelled, revoked or suspended,
9 confiscate the license and forward it directly to the
10 department.
11 (2) The department shall by regulation establish
12 procedures for police officers to verify the status of
13 drivers' licenses and shall prohibit the confiscation of any
14 license unless all the procedural requirements for
15 cancellation, revocation or suspension have been satisfied.
16 (d) Seizure of license.--
17 (1) If a license required by this title to be
18 surrendered upon notice of the suspension or revocation of
19 operating privileges is not received by the department within
20 a reasonable time, the department may delegate authority to
21 any authorized department employee, issuing authority, police
22 officer, district constable or writ server to seize the
23 license.
24 (2) Whenever the surrender of a license is accomplished
25 through the use of issuing authorities, district constables
26 or writ servers, the procedures for the surrender shall be
27 prescribed by general rules. For each license recovered by a
28 district constable or writ server, the department shall pay
29 the officer a fee of $10 which includes mileage.
30 (e) Service fee for return of license.--As a condition for
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1 the return of a license surrendered to a constable or writ
2 server, a person shall pay the department a service fee of $25.
3 (f) Penalty.--Any person failing or refusing to surrender to
4 the department or to its authorized employee, issuing authority,
5 police officer, district constable or writ server, upon demand,
6 any license which has been suspended commits a summary offense
7 and shall, upon conviction, be sentenced to pay a fine of $100.
8 § 1901. Exemption of entities and vehicles from fees.
9 * * *
10 (c) Processing fee in lieu of registration fee.--No
11 registration fee shall be charged for vehicles registered by any
12 of the following but the department shall charge a fee of $10 to
13 cover the costs of processing for issuing or renewing the
14 registration:
15 * * *
16 (16) Any person who is retired and receiving social
17 security or other pension and whose total income does not
18 exceed [$9,000] $12,000 per year. Unless the retired person
19 is physically or mentally incapable of driving the vehicle,
20 the retired person shall be the principal driver of the
21 vehicle but may from time to time authorize another person to
22 drive the vehicle in his or her stead. The total amount of
23 money which is annually lost due to benefits received by
24 those individuals who are eligible for or are receiving
25 benefits pursuant to the act of March 11, 1971 (P.L.104,
26 No.3), known as the "Senior Citizens Rebate and Assistance
27 Act," by the Department of Transportation by operation of
28 this paragraph based on the difference between the normal
29 registration fee and the processing fee shall be appropriated
30 from the Lottery Fund to the Motor License Fund. The Governor
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1 is hereby authorized to annually transfer from the Lottery
2 Fund the necessary amount of money to reimburse the Motor
3 License Fund pursuant to this paragraph. Such money is hereby
4 specifically appropriated to the Motor License Fund to be
5 expended by the Department of Transportation with the
6 approval of the Governor.
7 * * *
8 Section 2. This act shall take effect in 60 days.
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