SENATE AMENDED PRIOR PRINTER'S NOS. 231, 1987, 2026, PRINTER'S NO. 2744 2522
No. 230 Session of 1981
INTRODUCED BY DININNI, KOLTER, PETRARCA, STEIGHNER, TIGUE, LESCOVITZ, GEIST AND W. W. FOSTER, JANUARY 26, 1981
SENATOR MANBECK, TRANSPORTATION, IN SENATE, RE-REPORTED AS AMENDED, JANUARY 18, 1982
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for REPEALING provisions <-- 3 prohibiting the transfer of registration to evade certain 4 financial responsibility requirements, further providing for 5 REGISTRATION, FURTHER PROVIDING for suspension for nonpayment <-- 6 of judgments, repealing FURTHER PROVIDING FOR financial <-- 7 responsibility, and further providing for mobile and 8 manufactured MODULAR housing. <-- 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. The definition of "mobile home" in section 102 of 12 Title 75, act of November 25, 1970 (P.L.707, No.230), known as 13 the Pennsylvania Consolidated Statutes, is amended and 14 definitions are added to read: 15 § 102. Definitions. 16 Subject to additional definitions contained in subsequent 17 provisions of this title which are applicable to specific 18 provisions of this title, the following words and phrases when 19 used in this title shall have, unless the context clearly
1 indicates otherwise, the meanings given to them in this section: 2 * * * 3 ["Mobile home." A trailer designed and used exclusively for <-- 4 living quarters or commercial purposes which exceeds the maximum 5 size limitations prescribed by this title for operation on a 6 highway and is only incidentally operated on a highway. [, <-- 7 including a unit transported on a removable or nonremovable 8 frame designed so as to be assembled together with another unit 9 or units into a structure which is used exclusively for living 10 quarters, commonly known as a "modular unit."] 11 "Mobile/manufactured home." A structure, transportable in <-- 12 one or more sections, which, in the traveling mode, is eight 13 body feet or more in width or 40 body feet or more in length, 14 or, when erected on site, is 320 or more square feet, and which 15 is built on a permanent chassis and designed to be used as a 16 dwelling with or without permanent foundation when connected to 17 the required utilities, and includes plumbing, heating, air 18 conditioning and electrical systems contained therein. 19 "Modular housing unit." Any structure designed for 20 residential or commercial occupancy which is wholly or in 21 substantial part made, fabricated, formed or assembled in 22 manufacturing facilities for assembly and installation on the 23 building site. 24 "Modular housing undercarriage." A trailer which exceeds the <-- 25 maximum size limitations prescribed by this title for operation 26 on a highway and which is used to transport a modular housing 27 unit. 28 "MODULAR HOUSING UNIT." A UNIT TRANSPORTED ON A REMOVABLE OR <-- 29 NONREMOVABLE FRAME DESIGNED FOR RESIDENTIAL OR COMMERCIAL 30 PURPOSES WHICH IS WHOLLY OR IN SUBSTANTIAL PART FABRICATED, 19810H0230B2744 - 2 -
1 FORMED OR ASSEMBLED IN MANUFACTURING FACILITIES FOR ASSEMBLY AND 2 INSTALLATION ON THE BUILDING SITE. 3 * * * 4 Section 2. Paragraph (10) of section 1102 of Title 75 is 5 amended to read: 6 § 1102. Vehicles not requiring certificate of title. 7 No certificate of title [shall be issued] IS REQUIRED for: <-- 8 * * * 9 [(10) A mobile home.] 10 Section 3. Paragraph (9) of subsection (b) (A) of section <-- 11 1302 of Title 75 is amended and a paragraph is added to read: 12 § 1302. Vehicles subject to EXEMPT FROM registration. <-- 13 * * * <-- 14 (b) Exceptions.--Subsection (a) does not apply to the 15 following: 16 (A) GENERAL RULE.--THE FOLLOWING TYPES OF VEHICLES ARE <-- 17 EXEMPT FROM REGISTRATION: 18 * * * 19 (9) Any mobile/manufactured home. <-- 20 * * * 21 (12) Any modular housing unit or undercarriage. 22 * * * 23 Section 4. Subsection (c) of section 1337 of Title 75 is 24 amended by adding a paragraph to read: 25 § 1337. Use of "Miscellaneous Motor Vehicle Business" 26 registration plates. 27 * * * 28 (c) Classes of "Miscellaneous Motor Vehicle Business."-- 29 * * * 30 (5) "Modular housing transporter." A person engaged in 19810H0230B2744 - 3 -
1 the business of transporting modular housing units and 2 undercarriages from point of manufacture or sale to final 3 destination, and return. 4 (9) ANY MOBILE HOME OR MODULAR HOUSING UNIT. <-- 5 * * * 6 (12) ANY MILITARY VEHICLE USED FOR TRAINING BY A 7 PRIVATE, NONPROFIT, TAX EXEMPT MILITARY EDUCATIONAL 8 INSTITUTION WHEN SUCH VEHICLE DOES NOT TRAVEL ON PUBLIC ROADS 9 IN EXCESS OF ONE MILE AND THE PROPERTY ON BOTH SIDES OF THE 10 PUBLIC ROAD IS OWNED BY THE INSTITUTION. 11 * * * 12 SECTION 4. SECTION 1303(C) OF TITLE 75 IS AMENDED TO READ: <-- 13 § 1303. VEHICLES OF NONRESIDENTS EXEMPT FROM REGISTRATION. 14 * * * 15 (C) CARRYING ON BUSINESS IN THIS COMMONWEALTH.--EVERY 16 NONRESIDENT, INCLUDING ANY FOREIGN CORPORATION, CARRYING ON 17 BUSINESS WITHIN THIS COMMONWEALTH AND OPERATING IN THE BUSINESS 18 ANY VEHICLE WITHIN THIS COMMONWEALTH, UNLESS EXEMPTED FROM 19 REGISTRATION UNDER THE TERMS OF A RECIPROCITY AGREEMENT, SHALL 20 BE REQUIRED TO REGISTER EACH SUCH VEHICLE ACCORDING TO THE LAWS 21 OF THIS COMMONWEALTH. A FOREIGN CORPORATION HAVING ITS PRINCIPAL 22 PLACE OF BUSINESS IN THIS COMMONWEALTH IS REGARDED AS A RESIDENT 23 OF THIS COMMONWEALTH FOR THE PURPOSES OF THIS SECTION. 24 * * * 25 SECTION 4 5. SECTION 1335 OF TITLE 75 IS AMENDED BY ADDING A <-- 26 SUBSECTION TO READ: 27 § 1335. REGISTRATION PLATES FOR MANUFACTURERS AND DEALERS. 28 * * * 29 (D) MODULAR HOUSING MANUFACTURERS.--FOR THE PURPOSES OF THIS <-- 30 SECTION, NO MODULAR HOUSING MANUFACTURER SHALL BE REQUIRED TO BE 19810H0230B2744 - 4 -
1 LICENSED BY THE STATE BOARD OF MOTOR VEHICLE MANUFACTURERS, 2 DEALERS AND SALESMEN OF THE DEPARTMENT OF STATE IN ORDER TO 3 RECEIVE REGISTRATION PLATES. 4 Section 5 6. Section 1704 of Title 75 is repealed. <-- 5 Section 6. Subsection (a) of section 7. SECTION 1742, <-- 6 SECTION 1743, SUBSECTIONS (B) AND (C) OF SECTION 1745, section <-- 7 1746 and subsection (a) SUBSECTIONS (A) AND (B) of section 1747 <-- 8 of Title 75 are amended to read: 9 § 1742. Suspension for nonpayment of judgments. 10 (a) General rule.--The department, upon receipt of a 11 certified copy of a judgment, shall suspend the operating 12 privilege of each [driver and registration of each owner] person 13 against whom the judgment was rendered except as otherwise 14 provided in this section and in section 1745 (relating to 15 installment payment of judgments). 16 * * * <-- 17 (B) NONSUSPENSION WITH CONSENT OF JUDGMENT CREDITOR.--IF THE <-- 18 JUDGMENT CREDITOR CONSENTS IN WRITING, IN SUCH FORM AS THE 19 DEPARTMENT MAY PRESCRIBE, THAT THE JUDGMENT DEBTOR'S OPERATING 20 PRIVILEGE [AND REGISTRATIONS] BE RETAINED OR RESTORED, THE 21 DEPARTMENT SHALL NOT SUSPEND OR SHALL RESTORE UNTIL THE CONSENT 22 IS REVOKED IN WRITING, NOTWITHSTANDING DEFAULT IN THE PAYMENT OF 23 THE JUDGMENT, OR OF ANY INSTALLMENT THEREOF PRESCRIBED IN 24 SECTION 1745, PROVIDED THE JUDGMENT DEBTOR FURNISHES PROOF OF 25 FINANCIAL RESPONSIBILITY. 26 (C) INSURANCE IN EFFECT AT TIME OF ACCIDENT.--ANY PERSON 27 WHOSE OPERATING PRIVILEGE [OR REGISTRATIONS HAVE] HAS BEEN 28 SUSPENDED, OR [ARE] IS ABOUT TO BE SUSPENDED OR BECOME SUBJECT 29 TO SUSPENSION, UNDER THE PROVISIONS OF THIS CHAPTER, SHALL BE 30 RELIEVED FROM THE EFFECT OF THE JUDGMENT AS PRESCRIBED IN THIS 19810H0230B2744 - 5 -
1 CHAPTER IF THE PERSON FILES EVIDENCE SATISFACTORY TO THE 2 DEPARTMENT THAT THE INSURANCE REQUIRED BY SECTION 104(A) OF THE 3 "PENNSYLVANIA NO-FAULT MOTOR VEHICLE INSURANCE ACT," WAS IN 4 FORCE AND EFFECT AT THE TIME OF THE ACCIDENT RESULTING IN THE 5 JUDGMENT AND IS OR SHOULD BE AVAILABLE FOR THE SATISFACTION OF 6 THE JUDGMENT. IF THE REQUIRED INSURANCE IS NOT AVAILABLE BECAUSE 7 THE INSURANCE COMPANY HAS GONE INTO RECEIVERSHIP OR BANKRUPTCY, 8 THE PERSON SHALL ONLY BE REQUIRED TO PRESENT TO OR FILE WITH THE 9 DEPARTMENT PROPER EVIDENCE THAT AN INSURANCE POLICY WAS IN FORCE 10 AND EFFECT AT THE TIME OF THE ACCIDENT. 11 § 1743. CONTINUATION OF SUSPENSION UNTIL JUDGMENTS PAID AND 12 PROOF GIVEN. 13 A PERSON'S OPERATING PRIVILEGE [AND ALL REGISTRATIONS] SHALL 14 REMAIN SUSPENDED AND SHALL NOT BE RENEWED [NOR SHALL ANY 15 REGISTRATION BE THEREAFTER ISSUED] IN THE NAME OF SUCH PERSON 16 UNLESS AND UNTIL EVERY SUCH JUDGMENT IS STAYED, SATISFIED IN 17 FULL OR TO THE EXTENT PROVIDED IN THIS SUBCHAPTER, AND UNTIL THE 18 PERSON FURNISHES PROOF OF FINANCIAL RESPONSIBILITY AS REQUIRED. 19 § 1745. INSTALLMENT PAYMENT OF JUDGMENTS. 20 * * * 21 (B) SUSPENSION PROHIBITED DURING COMPLIANCE WITH ORDER.--THE 22 DEPARTMENT SHALL NOT SUSPEND A DRIVER'S OPERATING PRIVILEGE [OR 23 REGISTRATIONS] AND SHALL RESTORE ANY OPERATING PRIVILEGE [OR 24 REGISTRATION] SUSPENDED FOLLOWING NONPAYMENT OF A JUDGMENT WHEN 25 THE JUDGMENT DEBTOR OBTAINS AN ORDER PERMITTING PAYMENT OF THE 26 JUDGMENT IN INSTALLMENTS AND WHILE THE PAYMENT OF ANY 27 INSTALLMENT IS NOT IN DEFAULT, PROVIDED THAT THE JUDGMENT DEBTOR 28 FURNISHES PROOF OF FINANCIAL RESPONSIBILITY. 29 (C) SUSPENSION FOR DEFAULT IN PAYMENT.--IN THE EVENT THE 30 JUDGMENT DEBTOR FAILS TO PAY ANY INSTALLMENT AS SPECIFIED BY THE 19810H0230B2744 - 6 -
1 ORDER, THEN, UPON NOTICE OF THE DEFAULT, THE DEPARTMENT SHALL 2 SUSPEND THE OPERATING PRIVILEGE [AND ALL REGISTRATIONS] OF THE 3 JUDGMENT DEBTOR UNTIL THE JUDGMENT IS SATISFIED AS PROVIDED IN 4 THIS CHAPTER. 5 § 1746. Proof of financial responsibility after suspension or 6 revocation. 7 Whenever the department suspends or revokes the operating 8 privilege of any person [upon receiving record of a conviction 9 or forfeiture of bail] pursuant to sections SECTION 1532(a) or <-- 10 (b) (relating to revocation or suspension of operating 11 privilege), 1542 (relating to revocation of habitual offender's 12 license) or 1742 (relating to suspension for nonpayment of 13 judgments), the department shall not restore the operating 14 privilege until the person furnishes proof of financial 15 responsibility. 16 § 1747. Providing financial responsibility. 17 (a) General rule.--Proof of financial responsibility may be 18 furnished by filing evidence satisfactory to the department that 19 all motor vehicles registered in a person's name are covered by 20 the insurance required in section 104 of the act of July 19, 21 1974 (P.L.489, No.176), known as the "Pennsylvania No-fault 22 Motor Vehicle Insurance Act," or[, if the person has no motor 23 vehicle, that the person is covered by a nonowner's policy 24 having the same limits of liability as are required in section 25 104 of that act.] that a person does not own a motor vehicle. 26 * * * 27 (B) NONRESIDENT.--THE NONRESIDENT OWNER OF A MOTOR VEHICLE <-- 28 NOT REGISTERED IN THIS COMMONWEALTH MAY GIVE PROOF OF FINANCIAL 29 RESPONSIBILITY BY FILING WITH THE DEPARTMENT A WRITTEN 30 CERTIFICATE OR CERTIFICATES OF AN INSURANCE CARRIER AUTHORIZED 19810H0230B2744 - 7 -
1 TO TRANSACT BUSINESS IN THE STATE IN WHICH THE MOTOR VEHICLE OR 2 MOTOR VEHICLES DESCRIBED IN THE CERTIFICATE IS REGISTERED OR, IF 3 THE NONRESIDENT DOES NOT OWN A MOTOR VEHICLE, THEN [IN THE STATE 4 IN WHICH THE INSURED RESIDES, PROVIDED THE CERTIFICATE OTHERWISE 5 CONFORMS TO THE PROVISIONS OF THIS CHAPTER, AND THE] EVIDENCE 6 SATISFACTORY TO THE DEPARTMENT THAT THE PERSON DOES NOT OWN A 7 MOTOR VEHICLE. THE DEPARTMENT SHALL ACCEPT THE CERTIFICATE UPON 8 CONDITION THAT THE INSURANCE CARRIER COMPLIES WITH THE FOLLOWING 9 PROVISIONS WITH RESPECT TO THE POLICIES SO CERTIFIED: 10 (1) THE INSURANCE CARRIER SHALL EXECUTE A POWER OF 11 ATTORNEY AUTHORIZING THE DEPARTMENT TO ACCEPT SERVICE ON ITS 12 BEHALF OR PROCESS IN ANY ACTION ARISING OUT OF A MOTOR 13 VEHICLE ACCIDENT IN THIS COMMONWEALTH. 14 (2) THE INSURANCE CARRIER SHALL AGREE IN WRITING THAT 15 THE POLICIES SHALL BE DEEMED TO CONFORM WITH THE LAWS OF THIS 16 COMMONWEALTH RELATING TO THE TERMS OF MOTOR VEHICLE LIABILITY 17 POLICIES ISSUED IN THIS COMMONWEALTH. 18 Section 7. Paragraph (4) of subsection (a) of section 4961 <-- 19 of Title 75 is amended and a paragraph is added to read: 20 SECTION 7 8. PARAGRAPH (2) OF SECTION 1902 OF TITLE 75 IS <-- 21 AMENDED TO READ: 22 § 1902. EXEMPTIONS FROM OTHER FEES. 23 NO FEE SHALL BE CHARGED UNDER THIS TITLE FOR OR TO ANY OF THE 24 FOLLOWING: 25 * * * 26 (2) THE REPLACEMENT OF A REGISTRATION CARD OR PLATE, 27 DRIVER'S LICENSE, LEARNER'S PERMIT OR CERTIFICATE OF TITLE 28 LOST IN THE MAIL IF THE APPLICANT FILES AN AFFIDAVIT OF 29 NONRECEIPT WITHIN [45] 90 DAYS OF THE DATE OF ORIGINAL 30 ISSUANCE. 19810H0230B2744 - 8 -
1 * * * 2 SECTION 8 9. SECTION 1944 OF TITLE 75 IS AMENDED TO READ: <-- 3 § 1944. MOBILE HOMES, MODULAR HOUSING UNITS AND [SIMILAR] <-- 4 TRAILERS] MODULAR HOUSING UNDERCARRIAGES. <-- 5 The fee for a special hauling permit for a mobile home [or 6 similar trailer], modular housing unit or trailer MODULAR <-- 7 HOUSING UNIT UNDERCARRIAGE WHICH EXCEEDS THE MAXIMUM SIZE 8 PRESCRIBED IN THIS TITLE SHALL BE $20. 9 SECTION 9 10. SUBSECTION (B) OF SECTION 4703 OF TITLE 75 IS <-- 10 AMENDED BY ADDING A PARAGRAPH TO READ: 11 § 4703. OPERATION OF VEHICLE WITHOUT OFFICIAL CERTIFICATE OF 12 INSPECTION. 13 * * * 14 (B) EXCEPTIONS.--SUBSECTION (A) DOES NOT APPLY TO: 15 * * * 16 (9) ANY MILITARY VEHICLE USED FOR TRAINING BY A PRIVATE, 17 NONPROFIT, TAX EXEMPT MILITARY EDUCATIONAL INSTITUTION WHEN 18 SUCH VEHICLE DOES NOT TRAVEL ON PUBLIC ROADS IN EXCESS OF ONE 19 MILE AND THE PROPERTY ON BOTH SIDES OF THE PUBLIC ROAD IS 20 OWNED BY THE INSTITUTION. 21 * * * 22 SECTION 10 11. SECTION 4921(B)(2) OF TITLE 75 IS AMENDED TO <-- 23 READ: 24 § 4921. WIDTH OF VEHICLES. 25 * * * 26 (B) SPECIAL VEHICLES.-- 27 * * * 28 (2) ANY IMPLEMENT OF HUSBANDRY NOT EXCEEDING 14 FEET 6 29 INCHES IN WIDTH MAY BE DRIVEN, HAULED OR TOWED BETWEEN 30 SUNRISE AND SUNSET ON HIGHWAYS OTHER THAN FREEWAYS BETWEEN: 19810H0230B2744 - 9 -
1 (I) PARTS OF ONE FARM OWNED OR OPERATED BY THE OWNER 2 OF THE IMPLEMENT OF HUSBANDRY. 3 (II) FARMS OWNED OR OPERATED BY THE OWNER OF THE 4 IMPLEMENT OF HUSBANDRY LOCATED NOT MORE THAN 25 MILES 5 APART. 6 (III) (A) FARMS; OR 7 (B) A FARM AND A PLACE OF BUSINESS OF A MECHANIC 8 OR DEALER IN IMPLEMENTS OF HUSBANDRY; 9 LOCATED NOT MORE THAN [50] 100 MILES [APART] AWAY FOR THE 10 PURPOSE OF BUYING, SELLING, TRADING, LOANING AND LEASING, 11 DEMONSTRATING, REPAIRING OR SERVICING THE IMPLEMENT OF 12 HUSBANDRY. 13 * * * 14 SECTION 11 12. SECTION 4961 OF TITLE 75 IS AMENDED BY ADDING <-- 15 A PARAGRAPH TO READ: 16 § 4961. Authority to issue permits. 17 (a) General rule.--The department and local authorities with 18 respect to highways under their respective jurisdictions may, 19 upon application in writing showing good cause, issue special 20 permits in writing authorizing the applicant to operate or move 21 on specified highways any of the following: 22 * * * 23 (4) A mobile/manufactured home. <-- 24 (5) A modular housing unit and undercarriage WHICH <-- 25 EXCEEDS THE MAXIMUM SIZE PRESCRIBED IN THIS TITLE. 26 (6) A MODULAR HOUSING UNIT UNDERCARRIAGE WHICH EXCEEDS 27 THE MAXIMUM SIZE PRESCRIBED IN THIS TITLE. 28 * * * 29 Section 8 12 13. Section 4968 of Title 75 is amended to <-- 30 read: 19810H0230B2744 - 10 -
1 § 4968. Permit for movement of equipment being manufactured. 2 An annual permit may be issued authorizing the manufacturer 3 of boats, mobile/manufactured homes, modular housing units and <-- 4 undercarriages, helicopters, railway equipment and rails or 5 other articles or combinations not normally used on highways to 6 move articles which exceed the maximum height, width or length 7 specified in Subchapter B (relating to width, height and length) 8 while they are in the course of manufacture and while they are 9 entirely within the control of the manufacturer and not in 10 transit from the manufacturer to a purchaser or dealer. A permit 11 shall not be issued for the movement of articles upon a freeway. 12 Articles not in excess of ten feet in width may be moved up to 13 50 miles on a permit. Larger articles may be moved no farther 14 than ten miles on a permit. 15 Section 9 13 14. This act shall take effect immediately. <-- A16L75CVV/19810H0230B2744 - 11 -