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                                                      PRINTER'S NO. 2197

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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:
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     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
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     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
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     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.
















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