PRINTER'S NO. 2197
No. 1730 Session of 2005
INTRODUCED BY J. TAYLOR, JUNE 14, 2005
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 14, 2005
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for suspension of registration of 3 unapproved carriers and for surrender of registration plates 4 and cards upon suspension of revocation; providing for 5 suspension of registration plates upon third unpaid parking 6 violation in cities of the first class; and further providing 7 for reinstatement of operating privileges or vehicle 8 registration. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Sections 1375(a) and 1376(b.1) of Title 75 of the 12 Pennsylvania Consolidated Statutes are amended to read: 13 § 1375. Suspension of registration of unapproved carriers. 14 (a) General rule.--The department shall suspend the 15 registration of any vehicle upon the presentation to the 16 department of a certificate of the Pennsylvania Public Utility 17 Commission or notice of the Philadelphia Parking Authority 18 setting forth, after hearing and investigation, that the 19 commission or the Philadelphia Parking Authority has found and 20 determined that the vehicle has been operated as a common
1 carrier or contract carrier by motor vehicle within this 2 Commonwealth without the approval of the commission or the 3 Philadelphia Parking Authority and either that no appeal was 4 filed from such determination in the manner and within the time 5 provided by law or that the determination was affirmed on 6 appeal. 7 * * * 8 § 1376. Surrender of registration plates and cards upon 9 suspension or revocation. 10 * * * 11 (b.1) Immediate seizure of registration plates and cards.-- 12 The department may delegate authority to the persons described 13 in this section to immediately seize registration plates and 14 cards upon imposition of the following: 15 (1) a suspension imposed pursuant to section 1374(d)(3) 16 or (4) (relating to suspension or revocation of vehicle 17 business registration plates) until all fees, taxes and 18 penalties have been paid; 19 (2) a suspension or revocation imposed pursuant to 20 section 1373(b)(3) (relating to suspension of registration) 21 or 1374(g); [or] 22 (3) a suspension or revocation is reinstated after 23 determination of a matter as provided in section 1377 24 (relating to judicial review)[.]; or 25 (4) a suspension imposed pursuant to section 1379 26 (relating to suspension of registration upon third unpaid 27 parking violation in cities of the first class) until all 28 fines, penalties and costs have been paid. 29 * * * 30 Section 2. Title 75 is amended by adding a section to read: 20050H1730B2197 - 2 -
1 § 1379. Suspension of registration upon third unpaid parking 2 violation in cities of the first class. 3 (a) Suspension of registration.--The department shall 4 suspend the registration of a vehicle upon the notification from 5 the parking authority that the owner or registrant of the 6 vehicle has failed to respond, failed to pay or defaulted in the 7 payment of three or more tickets or citations issued for parking 8 violations in cities of the first class. 9 (b) Notice to the department.--The parking authority shall 10 notify the department electronically in a format prescribed by 11 the department whenever an owner or registrant fails to respond, 12 fails to pay or defaults in payment of three or more tickets or 13 citations issued for parking violations. When a notice has been 14 provided under this subsection and all of the tickets and 15 citations are subsequently paid, dismissed, reversed on appeal 16 or canceled, the parking authority shall notify the department 17 electronically in a format prescribed by the department of the 18 disposition of the tickets and shall provide the owner or 19 registrant with a release from the suspension. 20 (c) Period of suspension.--A suspension under subsection (a) 21 shall continue until the department receives notice from the 22 parking authority that all of the tickets and citations are 23 paid, dismissed, reversed on appeal or canceled or the defendant 24 enters into an agreement to make installment payments for the 25 fines and penalties imposed provided that the suspension may be 26 reimposed by the department if the defendant fails to make 27 regular installment payments and pays the fee prescribed in 28 section 1960 (relating to the reinstatement of operating 29 privilege or vehicle registration). 30 (d) Additional suspension.--The department shall impose an 20050H1730B2197 - 3 -
1 additional period of registration suspension if, subsequent to 2 the issuance of a suspension under subsection (a) but prior to 3 the restoration of the registration, the department is notified 4 by the parking authority that the owner or registrant has failed 5 to respond, failed to pay or defaulted in the payment of an 6 additional ticket or citation issued for a parking violation. 7 (e) Three-year limitation.--No suspension may be imposed 8 based upon a parking violation more than three years after the 9 commission of the violation. 10 (f) Definition.--As used in this section, the term "parking 11 authority" means a parking authority in a city of the first 12 class known as the Philadelphia Parking Authority. 13 Section 3. Section 1960 of Title 75 is amended to read: 14 § 1960. Reinstatement of operating privilege or vehicle 15 registration. 16 The department shall charge a fee of $25 or, if section 1379 17 (relating to suspension of registration upon third unpaid 18 parking violation in cities of the first class) or 1786(d) 19 (relating to required financial responsibility) applies, a fee 20 of $50 to restore a person's operating privilege or the 21 registration of a vehicle following a suspension or revocation. 22 Section 4. The Department of Transportation and the 23 Philadelphia Parking Authority shall enter into an agreement to 24 enforce the provisions of this act. 25 Section 5. The Department of Transportation shall publish in 26 the Pennsylvania Bulletin notice of the execution of the 27 agreement required under section 4 of this act within 14 days of 28 its execution. 29 Section 6. This act shall take effect as follows: 30 (1) Sections 4 and 5 of this act shall take effect 20050H1730B2197 - 4 -
1 immediately. 2 (2) This section shall take effect immediately. 3 (3) The remainder of this act shall take effect in nine 4 months or 60 days after publication of notice in the 5 Pennsylvania Bulletin required under section 5 of this act, 6 whichever is earlier. F7L75DMS/20050H1730B2197 - 5 -