PRINTER'S NO. 406
No. 362 Session of 1983
INTRODUCED BY MERRY, HUTCHINSON, DOMBROWSKI, BOWSER, BOYES,
DALEY, CIMINI, PISTELLA, B. SMITH, PRATT, VROON, DAVIES,
DORR, JACKSON, SAURMAN, CESSAR, PETERSON, FARGO, HALUSKA,
W. W. FOSTER, LEVI, CAPPABIANCA, KUKOVICH, LESCOVITZ, PUNT,
E. Z. TAYLOR, BELFANTI, PHILLIPS, KOSINSKI, WILSON, BELARDI,
BURD, MICOZZIE, LETTERMAN, PERZEL, SIRIANNI, McINTYRE,
GANNON, GRUITZA, JOHNSON, MICHLOVIC, GRUPPO, ALDERETTE, ARTY,
GEIST, MADIGAN, ROBBINS, PETRONE, BOOK, NOYE, SWIFT,
MACKOWSKI, MURPHY, STAIRS, MOEHLMANN, McVERRY, KOWALYSHYN AND
MARMION, MARCH 14, 1983
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 14, 1983
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further defining "resident"; providing for the
3 burden of proof of residency in proceedings regarding driving
4 an unregistered vehicle; and further providing for
5 investigations by police officers.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The definition of "resident" in section 102 of
9 Title 75 of the Pennsylvania Consolidated Statutes is amended to
10 read:
11 § 102. Definitions.
12 Subject to additional definitions contained in subsequent
13 provisions of this title which are applicable to specific
14 provisions of this title, the following words and phrases when
15 used in this title shall have, unless the context clearly
1 indicates otherwise, the meanings given to them in this section:
2 * * *
3 "Resident." A person dwelling permanently or continuously
4 for a period exceeding [30] 60 consecutive days within this
5 Commonwealth, except that a person who regularly dwells in two
6 or more states shall declare residence to be in any one of the
7 states.
8 * * *
9 Section 2. Sections 1301 and 6308(b) of Title 75 are amended
10 to read:
11 § 1301. Driving unregistered vehicle prohibited.
12 (a) General rule.--It is a summary offense for any person to
13 drive or for an owner knowingly to permit to be driven upon any
14 highway any vehicle of a type required to be registered under
15 this chapter which is not registered or for which the
16 appropriate fee has not been paid when and as required in this
17 title.
18 (b) Proof of residency.--A person charged under this section
19 has the burden of proving that he is a nonresident whenever he
20 asserts a defense based on section 1303 (relating to vehicles of
21 nonresidents exempt from registration). If he produces at the
22 office of the issuing authority satisfactory proof that he is a
23 nonresident within five days after being charged with a
24 violation of this section, the issuing authority shall dismiss
25 the charge.
26 (c) Penalty.--Any person violating this section commits a
27 summary offense and shall, upon conviction, be sentenced to pay
28 a fine of $75.
29 § 6308. Investigation by police officers.
30 * * *
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1 (b) Authority of police officer.--[Any] Whenever a police
2 officer has articulable and reasonable grounds to suspect a
3 violation of this title, he may stop a vehicle, upon request or
4 signal, for the purpose of inspecting the vehicle as to its
5 equipment and operation, or vehicle identification number or
6 engine number, or to secure such other information as the
7 officer may reasonably believe to be necessary to enforce the
8 provisions of this title.
9 * * *
10 Section 3. This act shall take effect in 60 days.
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