PRINTER'S NO. 140
No. 143 Session of 1991
INTRODUCED BY PESCI, KOSINSKI, GEIST, COLE, VEON, PETRARCA,
MAIALE, ITKIN, E. Z. TAYLOR, MERRY, TRELLO, COHEN, REBER,
STEELMAN, LAUGHLIN, NAHILL, DALEY, BILLOW, CIVERA,
CAPPABIANCA, COY, COLAFELLA, JAMES, PISTELLA, KRUSZEWSKI AND
SERAFINI, JANUARY 29, 1991
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 29, 1991
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for points and approved driver
3 improvement schools; requiring motor vehicle insurance rate
4 reductions for certain senior citizens; and providing for
5 driver improvement courses.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 1538 and 1549(a) of Title 75 of the
9 Pennsylvania Consolidated Statutes are amended to read:
10 § 1538. School, examination or hearing on accumulation of
11 points or excessive speeding.
12 (a) Initial accumulation of six points.--When any person's
13 record for the first time shows as many as six points, the
14 department shall require the person to attend an approved driver
15 improvement school or undergo a special examination and shall so
16 notify the person in writing. Upon satisfactory attendance and
17 completion of the course, three points shall be removed from the
18 person's record, or, upon passing the special examination, two
1 points shall be removed from the person's record. Failure to
2 attend and satisfactorily complete the requirements of driver
3 improvement school shall result in the suspension of such
4 person's operating privilege for 60 days. Failure to pass the
5 examination shall result in the suspension of the operating
6 privilege until the examination has been satisfactorily
7 completed.
8 (b) Second accumulation of six points.--
9 (1) When any person's record has been reduced below six
10 points and for the second time shows as many as six points,
11 the department shall require the person to attend a
12 departmental hearing. The hearing examiner may recommend one
13 or more of the following:
14 (i) That the person be required to attend a driver
15 improvement school.
16 (ii) That the person undergo an examination as
17 provided for in section 1508 (relating to examination of
18 applicant for driver's license).
19 (iii) That the person's driver's license be
20 suspended for a period not exceeding 15 days.
21 (2) The department may effect or modify the
22 recommendations of the hearing examiner but may not impose
23 any sanction not recommended by the hearing examiner.
24 (3) Upon completion of the sanction or sanctions imposed
25 by the department, two points shall be removed from the
26 person's record unless the sanction imposed requires the
27 attendance at and completion of a course at an approved
28 driver improvement school in which case three points shall be
29 removed from the person's record.
30 (4) Failure to attend the hearing or to attend and
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1 satisfactorily complete the requirements of a driver
2 improvement school shall result in the suspension of such
3 person's operating privilege for 60 days. Failure to pass an
4 examination shall result in the suspension of such person's
5 operating privilege until the examination has been
6 satisfactorily completed.
7 (c) Subsequent accumulations of six points.--When any
8 person's record has been reduced below six points and for the
9 third or subsequent time shows as many as six points, the
10 department shall require the driver to attend a departmental
11 hearing to determine whether the person's operating privilege
12 should be suspended for a period not to exceed 30 days. Failure
13 to attend the hearing or to comply with the requirements of the
14 findings of the department shall result in the suspension of the
15 operating privilege until the person has complied.
16 (d) Conviction for excessive speeding.--
17 (1) When any person is convicted of driving 31 miles per
18 hour or more in excess of the speed limit, the department
19 shall require the person to attend a departmental hearing.
20 The hearing examiner may recommend one or more of the
21 following:
22 (i) That the person be required to attend a driver
23 improvement school.
24 (ii) That the person undergo an examination as
25 provided for in section 1508.
26 (iii) That the person have his driver's license
27 suspended for a period not exceeding 15 days.
28 (2) The department shall effect at least one of the
29 sanctions but may not increase any suspension beyond 15 days.
30 (3) Failure to attend the hearing or to attend and
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1 satisfactorily complete the requirements of a driver
2 improvement school shall result in the suspension of such
3 person's operating privilege for 60 days. Failure to pass an
4 examination shall result in the suspension of such person's
5 operating privilege until the examination has been
6 satisfactorily completed.
7 (e) Approved driver improvement schools.--The approved
8 driver improvement schools may be administered by any
9 association or organization approved by the department and shall
10 be offered and be available to all residents of this
11 Commonwealth. The classroom and field courses offered by the
12 schools shall be approved by the department. A fee, the maximum
13 of which is to be established by the department, shall be
14 charged each person attending the course. Ten percent of the fee
15 shall be returned to the department to be used exclusively for
16 the implementation and administration of safety programs.
17 § 1549. Establishment of schools.
18 (a) Driver improvement schools.--The department is
19 authorized to establish and maintain driver improvement schools
20 throughout this Commonwealth. The department may approve and
21 conduct an annual review of the course material for the schools.
22 [The curriculum to be presented must be uniform throughout this
23 Commonwealth.] All instructors shall be properly certified by
24 the department after the completion of a course of instruction
25 approved by the department.
26 * * *
27 Section 2. Title 75 is amended by adding a section to read:
28 § 1799.8. Rate reduction for certain senior citizens.
29 (a) Motor vehicle driver improvement course.--Any schedule
30 of rates or rating plan for automobile liability and physical
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1 damage insurance submitted to or filed with the Insurance
2 Commissioner shall provide for an appropriate reduction in
3 premium charges for insureds 55 years of age and older for a
4 three-year period following successful completion of a motor
5 vehicle driver improvement course offered by chartered and
6 accredited chapters of the National Safety Council, accredited
7 Pennsylvania AAA Motor Clubs, AARP 55 Alive Mature Driving or
8 any other association or organization which meets department
9 standards.
10 (b) Allowance of premium reduction.--All insurers shall
11 allow an appropriate reduction in premium charges to all
12 eligible persons subject to this section. Any discount used by
13 an insurer shall be presumed appropriate unless credible data
14 demonstrates otherwise.
15 (c) Completion of course.--Upon successfully completing the
16 approved course, each participant shall be issued, by the
17 course's sponsoring agency, a certificate which shall be the
18 basis of qualification for the discount on insurance.
19 (d) Continuing eligibility.--Each participant shall take an
20 approved course every three years to continue to be eligible for
21 the discount on insurance. Each insurer may require, as a
22 condition of providing and maintaining the discount, that the
23 insured for a three-year period after course completion:
24 (1) Not be involved in an accident for which the insured
25 is chargeable.
26 (2) Not have any accumulation of points for a traffic
27 violation.
28 (e) Nonapplication.--This section shall not apply in the
29 event the approved course is specified by a court or other
30 governmental entity following a moving traffic violation.
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1 Section 3. Section 2 of this act shall apply to automobile
2 insurance policies issued or renewed on or after January 1,
3 1992.
4 Section 4. This act shall take effect in 60 days.
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