SENATE AMENDED
PRIOR PRINTER'S NOS. 1689, 2755 PRINTER'S NO. 3159
No. 1514 Session of 1993
INTRODUCED BY OLASZ, PETRARCA, MICOZZIE, BOYES, MARKOSEK,
GIGLIOTTI, MELIO, MERRY, FARGO, PESCI, CLARK, J. TAYLOR,
NAILOR, COLAFELLA, DeLUCA, PRESTON, LEDERER, BELFANTI,
KASUNIC, BATTISTO AND DERMODY, MAY 3, 1993
SENATOR STOUT, TRANSPORTATION, IN SENATE, AS AMENDED,
FEBRUARY 1, 1994
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for the suspension of operating
3 privileges for failure to respond to a citation. and for lack <--
4 of financial responsibility.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 1533 and 1786(d) SECTION 1533 of Title <--
8 75 of the Pennsylvania Consolidated Statutes are IS amended to <--
9 read:
10 § 1533. Suspension of operating privilege for failure to
11 respond to citation.
12 (a) Violations within Commonwealth.--The department shall
13 suspend the operating privilege of any person who has failed to
14 respond to a citation or summons to appear before an issuing
15 authority or a court of competent jurisdiction of this
16 Commonwealth [or of any state] for any violation of this title,
17 other than parking, or who has failed to pay any fine or costs
1 imposed by an issuing authority or such courts for any violation
2 of this title, other than parking, upon being duly notified [in
3 accordance with general rules] by an issuing authority or a
4 court of this Commonwealth. [There shall be 15 days to respond
5 to such notification before suspension is imposed. The
6 suspension shall be for an indefinite period until such person
7 shall respond and pay any fines and penalties imposed. Such
8 suspension shall be in addition to the requirement of
9 withholding renewal or reinstatement of a violator's driver's
10 license as prescribed in section 1503(c) (relating to persons
11 ineligible for licensing).]
12 (b) Violations outside Commonwealth.--The department shall
13 suspend the operating privilege of any person who has failed to
14 respond to a citation, summons or similar writ to appear before
15 a court of competent jurisdiction of the United States or any
16 state which has entered into an enforcement agreement with the
17 department, as authorized by section 6146 (relating to
18 enforcement agreements), for any violation of the motor vehicle
19 laws of such state, other than parking, or who has failed to pay
20 any fine or costs imposed by such court, upon being duly
21 notified in accordance with the laws of such jurisdiction in
22 which the violation occurred. A person who provides proof,
23 satisfactory to the department, that the full amount of the fine
24 and costs has been forwarded to the court shall not be regarded
25 as having failed to respond for the purposes of this subsection.
26 (c) Time for responding to notice.--At least 15 days before
27 an issuing authority or court notifies the department to impose
28 a suspension pursuant to subsection (a), the issuing authority
29 or court shall notify the person in writing of the requirement
30 to respond to the citation and pay all fines and penalties
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1 imposed by the issuing authority or court.
2 (d) Period of suspension.--The suspension shall continue
3 until such person shall respond to the citation, summons or
4 writ, as the case may be, and pay all fines and penalties
5 imposed or enter into an agreement to make installment payments
6 for the fines and penalties imposed provided that the suspension
7 may be reimposed by the department if the defendant fails to
8 make regular installment payments.
9 (e) Remedy cumulative.--A suspension under this section
10 shall be in addition to the requirement of withholding renewal
11 or reinstatement of a violator's driver's license as prescribed
12 in section 1503(a) (relating to persons ineligible for
13 licensing).
14 (f) Admissibility of documents.--A copy of a document issued
15 by a court or issuing authority of this Commonwealth or by an
16 official of another state shall be admissible for the purpose of
17 proving a violation of this section.
18 § 1786. Required financial responsibility. <--
19 * * *
20 (d) Suspension of registration and operating privilege.--The
21 Department of Transportation shall suspend the registration of a
22 vehicle for a period of three months if it determines the
23 required financial responsibility was not secured as required by
24 this chapter and shall suspend the operating privilege of the
25 owner or registrant for a period of three months if the
26 department determines that the owner or registrant has operated
27 or permitted the operation of the vehicle without the required
28 financial responsibility. The operating privilege shall not be
29 restored until the restoration fee for operating privilege
30 provided by section 1960 (relating to reinstatement of operating
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1 privilege or vehicle registration) is paid. Whenever the
2 department revokes or suspends the registration of any vehicle
3 under this chapter, the department shall not restore the
4 registration until the vehicle owner furnishes proof of
5 financial responsibility in a manner determined by the
6 department and submits an application for registration to the
7 department, accompanied by the fee for restoration of
8 registration provided by section 1960. This subsection shall not
9 apply in the following circumstances:
10 (1) The owner or registrant proves to the satisfaction
11 of the department that the lapse in financial responsibility
12 coverage was for a period of less than 31 days and that the
13 owner or registrant did not operate or permit the operation
14 of the vehicle during the period of lapse in financial
15 responsibility.
16 (2) The owner or registrant is a member of the armed
17 services of the United States, the owner or registrant has
18 previously had the financial responsibility required by this
19 chapter, financial responsibility had lapsed while the owner
20 or registrant was on temporary, emergency duty and the
21 vehicle was not operated during the period of lapse in
22 financial responsibility. The exemption granted by this
23 paragraph shall continue for 30 days after the owner or
24 registrant returns from duty as long as the vehicle is not
25 operated until the required financial responsibility has been
26 established.
27 * * *
28 Section 2. This act shall take effect IN 60 DAYS. as <--
29 follows:
30 (1) The amendment of 75 Pa.C.S. § 1786(d) shall take
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1 effect immediately.
2 (2) The remainder of this act shall take effect in 60
3 days.
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