PRINTER'S NO. 1307

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1149 Session of 1991


        INTRODUCED BY MARKOSEK, APRIL 16, 1991

        REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 16, 1991

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for suspension of operating
     3     privilege for failure to respond to citation.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1533 of Title 75 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 1533.  Suspension of operating privilege for failure to
     9             respond to citation.
    10     (a)  Violations within Commonwealth.--The department shall
    11  suspend the operating privilege of any person who has failed to
    12  respond to a citation or summons to appear before an issuing
    13  authority or a court of competent jurisdiction of this
    14  Commonwealth [or of any state for] for any violation of this
    15  title, other than parking, or who has failed to pay any fine or
    16  costs imposed by an issuing authority or such courts for any
    17  violation of this title, other than parking, upon being duly
    18  notified [in accordance with general rules. There shall be 15

     1  days to respond to such notification before suspension is
     2  imposed.] by an issuing authority or a court of this
     3  Commonwealth.
     4     (b)  Violations outside Commonwealth.--The department shall
     5  suspend the operating privilege of any person who has failed to
     6  respond to a citation, summons or similar writ to appear before
     7  a court of competent jurisdiction of the United States or any
     8  state which has entered into an enforcement agreement with the
     9  department, as authorized by section 6146 (relating to
    10  enforcement agreements), for any violation of the motor vehicle
    11  laws of such state, other than parking, or who has failed to pay
    12  any fine or costs imposed by such court, upon being duly
    13  notified in accordance with the laws of the jurisdiction in
    14  which the violation occurred. A person who provides proof,
    15  satisfactory to the department, that the full amount of the fine
    16  and costs have been forwarded to the court shall not be regarded
    17  as having failed to respond for the purposes of this subsection.
    18     (c)  Time for responding to notice.--At least 15 days before
    19  an issuing authority or court notifies the department to impose
    20  a suspension pursuant to subsection (a), the issuing authority
    21  or court shall notify the person in writing of the requirement
    22  to respond to the citation and pay all fines and penalties
    23  imposed by the issuing authority or court.
    24     (d)  Period of suspension.--The suspension shall [be for an
    25  indefinite period until such] continue until the person shall
    26  respond to the citation, summons or writ, as the case may be,
    27  and pay [any] all fines and penalties imposed[. Such] or enter
    28  into an agreement to make installment payments for the fines and
    29  penalties imposed, except that the suspension may be reimposed
    30  by the department if the defendant fails to make regular
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     1  installment payments.
     2     (e)  Remedy cumulative.--A suspension under this section
     3  shall be in addition to the requirement of withholding renewal
     4  or reinstatement of a violator's driver's license as prescribed
     5  in section [1503(c)] 1503(a) (relating to persons ineligible for
     6  licensing).
     7     (f)  Admissibility of documents.--A copy of a document issued
     8  by a court or issuing authority of this Commonwealth or by an
     9  official of another state shall be admissible for the purpose of
    10  proving a violation of this section.
    11     Section 2.  This act shall take effect in 60 days.













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