PRINTER'S NO. 2326
No. 1857 Session of 1987
INTRODUCED BY HAGARTY, McHALE, WESTON, CESSAR, NOYE,
J. L. WRIGHT, D. W. SNYDER, BUNT, PITTS, B. SMITH, MORRIS,
JACKSON, FREIND, BOWSER, HECKLER, ARTY, BATTISTO, BURNS,
CIVERA, KUKOVICH, FLICK, SHOWERS, KENNEY, DISTLER, NAHILL,
BELFANTI, RAYMOND, GEIST, GRUPPO, G. SNYDER, McVERRY, FOX,
COLAFELLA, BOOK, SIRIANNI, ITKIN, HERMAN, HASAY, CORNELL,
E. Z. TAYLOR, TRELLO, JOHNSON, LASHINGER, SAURMAN, CLYMER,
STAIRS, SERAFINI, MERRY, PHILLIPS, OLASZ, BALDWIN, WOGAN,
FISCHER, MRKONIC AND O'BRIEN, OCTOBER 19, 1987
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 19, 1987
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing enforcement procedures with
3 respect to providing financial responsibility and penalties
4 for failure to provide financial responsibility.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1377 of Title 75 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 1377. Judicial review of denial or suspension of
10 registration.
11 Any person whose registration has been denied or suspended by
12 the department shall have the right to appeal to the court
13 vested with jurisdiction of such appeals by or pursuant to Title
14 42 (relating to judiciary and judicial procedure). [The] Except
15 for appeals from denials and suspensions of registrations for
1 failure to provide financial security, the filing of the appeal
2 shall act as a supersedeas and the suspension of registration
3 shall not be imposed until determination of the matter as
4 provided in this section. The court shall set the matter down
5 for hearing upon 30 days written notice to the department, and
6 thereupon take testimony and examine into the facts of the case
7 and determine whether the petitioner is entitled to registration
8 or subject to suspension of registration under the provisions of
9 this title.
10 Section 2. Section 1535(a) of Title 75, amended December 11,
11 1986 (P.L.1530, No.166), is amended to read:
12 § 1535. Schedule of convictions and points.
13 (a) General rule.--A point system for driver education and
14 control is hereby established which is related to other
15 provisions for use, suspension and revocation of the operating
16 privilege as specified under this title. Every driver licensed
17 in this Commonwealth who is convicted of any of the following
18 offenses shall be assessed points as of the date of violation in
19 accordance with the following schedule:
20 Section Number Offense Points
21 1512 Violation of restriction on
22 driver's license. 2
23 1571 Violation concerning license. 3
24 1786(c) Providing false financial
25 responsibility information. 5
26 1788(d) Failure to provide financial
27 responsibility. 5
28 3102 Failure to obey policeman or
29 authorized person. 2
30 3112(a)(3)(i) Failure to stop for a red light. 3
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1 3114(a)(1) Failure to stop for a flashing
2 red light. 3
3 3302 Failure to yield half of roadway
4 to oncoming vehicle. 3
5 3303 Improper passing. 3
6 3304 Other improper passing. 3
7 3305 Other improper passing. 3
8 3306(a)(1) Other improper passing. 4
9 3306(a)(2) Other improper passing. 3
10 3306(a)(3) Other improper passing. 3
11 3307 Other improper passing. 3
12 3310 Following too closely. 3
13 3321 Failure to yield to driver on the
14 right at intersection. 3
15 3322 Failure to yield to oncoming
16 driver when making left turn. 3
17 3323(b) Failure to stop for stop sign. 3
18 3323(c) Failure to yield at yield sign. 3
19 3324 Failure to yield when entering or
20 crossing roadway between inter-
21 sections. 3
22 3332 Improper turning around. 3
23 3341 Failure to stop for flashing red
24 lights or gate at railroad
25 crossing. 3
26 3344 Failure to stop when entering from
27 alley, driveway or building. 3
28 3345(a) Failure to stop for school bus
29 with flashing red lights. 5
30 (and 60 days suspension)
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1 3361 Driving too fast for conditions. 2
2 3362 Exceeding maximum speed.--Over Limit:
3 6-10 2
4 11-15 3
5 16-25 4
6 26-30 5
7 31-over 5
8 (and departmental hearing
9 and sanctions provided
10 under section 1538(d))
11 3365(b) Exceeding special speed limit
12 in school zone. 3
13 3365(c) Exceeding special speed limit
14 for trucks on downgrades. 3
15 3542(a) Failure to yield to pedestrian in
16 crosswalk. 2
17 3547 Failure to yield to pedestrian on
18 sidewalk. 3
19 3549(a) Failure to yield to blind
20 pedestrian. 3
21 3702 Improper backing. 3
22 3714 Reckless driving. 3
23 3745 Leaving scene of accident
24 involving property damage only. 4
25 * * *
26 Section 3. Section 1786 of Title 75 is amended to read:
27 § 1786. Self-certification of financial responsibility.
28 (a) General rule.--The Department of Transportation shall
29 require that each motor vehicle registrant certify that the
30 registrant is financially responsible at the time of
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1 registration or renewal thereof. The department shall refuse to
2 register or renew the registration of a vehicle for failure to
3 comply with this requirement or falsification of self-
4 certification.
5 (b) Random sampling.--The department shall obtain a random
6 sampling of at least 10% of all vehicle registration
7 applications to verify the financial responsibility information
8 contained therein and shall suspend all vehicle registrations of
9 any applicant found to have provided false information regarding
10 financial responsibility. Suspended registrations shall not be
11 restored until financial responsibility is provided and payment
12 is made of a registration suspension fee of $100.
13 (c) Penalty.--Providing false information regarding
14 financial responsibility is a summary offense punishable by a
15 fine of $100.
16 Section 4. Title 75 is amended by adding a section to read:
17 § 1788. Failure to provide financial responsibility.
18 (a) Notification by insurer.--Each insurer shall notify the
19 department of every cancellation or lapse of automobile
20 insurance which occurs within the first six months of the term
21 of a policy which it believes or has reason to believe was
22 purchased for the purpose of providing financial responsibility,
23 in accordance with regulations of the department.
24 (b) Notice and suspension.--The department shall notify the
25 insured that, unless proof of financial responsibility is
26 provided within 30 days, the insured's vehicle registrations
27 will be suspended. The department shall suspend the
28 registrations after 30 days unless proof of financial
29 responsibility is provided.
30 (c) Restoration and fee.--Suspended registrations shall not
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1 be restored until proof of financial responsibility is provided
2 and payment is made of a registration suspension fee of $100 for
3 the first 30 days of suspension of each registration plus $5 for
4 each additional day of suspension.
5 (d) Penalty.--Failure to provide financial responsibility is
6 a summary offense punishable by a fine of $100.
7 Section 5. This act shall take effect in 60 days.
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