THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HANNA, DECEMBER 20, 2011

REFERRED TO COMMITTEE ON TRANSPORTATION, DECEMBER 20, 2011  

AN ACT

Amending Titles 74 (Transportation) and 75 (Vehicles) of the

Pennsylvania Consolidated Statutes, providing for intermodal

transportation; further providing for definitions, for

registration periods, for display of registration plates, for

driver's license examinations, for expiration and renewal of

drivers' licenses, for required financial responsibility, for

speed timing devices, for inspection certificate violations,

for display of unauthorized material and for surcharges; and

making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 74 of the Pennsylvania Consolidated

Statutes is amended by adding a part to read:

PART V

INTERMODAL TRANSPORTATION

Chapter

90.  (Reserved)

91.  Funding

CHAPTER 90

(RESERVED)

CHAPTER 91

FUNDING

Sec.

9101.  Intermodal Transportation Fund.

§ 9101.  Intermodal Transportation Fund.

(a)  Establishment.--A special fund is established within the

State Treasury to be known as the Intermodal Transportation

Fund. Money in the fund is appropriated, upon approval of the

Governor, to the Department of Transportation for the purposes

set forth under this section.

(b)  Deposits to the fund.--The following shall be deposited

into the fund:

(1)  All surcharges levied under 75 Pa.C.S. § 6506(a)

(relating to surcharge).

(2)  Other appropriations, deposits or transfers to the

fund.

(3)  All interest earned on money in the fund.

(c)  Use of revenues.--Money in the fund shall be used by the

department for all of the following:

(1)  To provide financial assistance through the

department's programs relating to aviation, rail freight,

passenger rail, ports and waterways.

(2)  For payment of costs incurred directly by the

department in the administration of the programs specified

under paragraph (1).

(3)  For payment of costs for activities initiated or

undertaken directly by the department with reference to the

programs specified under paragraph (1).

Section 2.  Section 102 of Title 75 is amended by adding a

definition to read:

§ 102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Model year."  The calendar year so designated by a

recognized manufacturer of a vehicle as the model year for a

particular vehicle.

* * *

Section 3.  Section 1307(a), (b) and (c) of Title 75 are

amended and the section is amended by adding a subsection to

read:

§ 1307.  Period of registration.

(a)  Staggered renewal system to be established.--The

department shall establish a system of staggered registration

renewal in a manner that an approximately equal number of

registrations will expire every month throughout [the year] a

two-year period. In order to implement and maintain the

staggered registration system, the department may prorate annual

registration fees over registration periods of from 6 to [18] 30 

months.

* * *

(b)  New registration.--A new registration is effective on

the date of issuance of a registration card by the department or

the date of issuance of a temporary registration card by an

authorized agent of the department under section 1310 (relating

to temporary registration cards). Except as otherwise indicated

in this chapter, a new registration shall expire two years after

the last day of the month preceding either the date of issuance

of a registration card by the department or the date of issuance

of a temporary registration card by either the department or an

authorized agent of the department, whichever occurs first.

(c)  Renewal of registration.--A renewed registration shall

be effective on issuance by the department of a renewed

registration card. Except as otherwise indicated in this

chapter, a renewed registration shall expire as follows:

(1)  If a registration is renewed before two months have

elapsed since its scheduled expiration, the renewed

registration shall expire two years after the last day of the

month in which it had been scheduled to expire.

(2)  If a registration is renewed after two months have

elapsed since expiration, the renewed registration shall

expire two years after the last day of the month preceding

the date of issuance of the renewed registration.

* * *

(g)  International Registration Plan.--Vehicles registered

under the International Registration Plan shall be subject to

annual registration renewal.

Section 4.  Sections 1332 and 1508 of Title 75 are amended by

adding subsections to read:

§ 1332.  Display of registration plate.

* * *

(a.1)  Validating registration stickers.--Validating

registration stickers shall no longer be issued or required to

be displayed.

* * *

§ 1508.  Examination of applicant for driver's license.

* * *

(e)  Third party testing.--The department may authorize a

third party to administer the portion of the examination that

demonstrates the applicant's ability to exercise ordinary and

reasonable control in the operation of a motor vehicle of the

type or class of vehicles for which the applicant desires a

license to drive. Third party providers shall only administer

exams required in this section if:

(1)  The test is the same test as that which would

otherwise be administered by the department.

(2)  The third party has entered into an agreement with

the department, and that agreement has not been terminated by

the department.

(f)  Driver License Examiners.--No layoffs shall occur in the

classification known as Driver's License Examiner as a result of

this section.

Section 5.  Section 1514(a) and (e)(2) of Title 75 are

amended and the section is amended by adding subsections to

read:

§ 1514.  Expiration and renewal of drivers' licenses.

(a)  General rule.--[Every] Except as otherwise indicated,

every driver's license shall expire on the day after the

licensee's birthdate [at intervals of not more than four years

as may be determined by the department] not less than 85 months

nor more than 96 months from the date of validation by the

department. Every license shall be renewable on or before its

expiration upon application, payment of the required fee, and

satisfactory completion of any examination required or

authorized by this chapter.

(a.1)  Hazardous materials endorsement.--A driver's license

containing a hazardous materials endorsement shall expire on the

day after the licensee's birthday not less than 49 months nor

more than 60 months from the date of validation by the

department.

(a.2)  Senior license.--Upon submission of an application

along with the appropriate fee, a person at least 65 years of

age may request a two-year driver's license which shall expire

on the day after the birthdate of the licensee not less than 13

months nor more than 24 months from the date of validation by

the department.

(a.3)  Staggered renewals.--The department shall establish a

system of staggered driver's license renewals in a manner that

an approximately equal number of drivers' licenses will expire

annually throughout an eight-year period. In order to implement

and maintain the staggered driver's license renewal system, the

department may issue driver's licenses for periods of 37 months

to 96 months.

* * *

(e)  Noncitizen license expiration and renewal.--

* * *

(2)  If the expiration date of the INS credentials or

documents exceeds [four] eight years, the license shall

expire one day after the applicant's date of birth but not

more than [four] eight years from the date of issuance of the

license.

* * *

(f)  Identification cards.--Identification cards will be

subject to the expiration and renewal guidelines set forth in

this section.

Section 6.  Section 1786(d)(1) and (2) introductory paragraph

and (e) heading, (2) and (3) are amended and subsections (d) and

(e) are amended by adding paragraphs to read:

§ 1786.  Required financial responsibility.

* * *

(d)  Suspension of registration and operating privilege.--

(1)  [The] Except as provided under paragraph (1.1), the 

Department of Transportation shall suspend the registration

of a vehicle for a period of three months if it determines

the required financial responsibility was not secured as

required by this chapter and shall suspend the operating

privilege of the owner or registrant for a period of three

months if the department determines that the owner or

registrant has operated or permitted the operation of the

vehicle without the required financial responsibility. The

operating privilege shall not be restored until the

restoration fee for operating privilege provided by section

1960 (relating to reinstatement of operating privilege or

vehicle registration) is paid.

(1.1)  An owner or registrant shall have the option of

proceeding under this paragraph instead of serving a

registration suspension imposed under this section. If an

owner or registrant proceeds under this paragraph, he or she

shall do all of the following:

(i)  Pay to the department a civil penalty of $500.

(ii)  Pay the restoration fee for operating privilege

provided under section 1960.

(iii)  Furnish proof of financial responsibility in a

manner determined by the department.

(2)  Whenever the department revokes or suspends the

registration of any vehicle under this chapter, the

department shall not restore or transfer the registration

until the suspension has been served or the civil penalty has

been paid to the department and the vehicle owner furnishes

proof of financial responsibility in a manner determined by

the department and submits an application for registration to

the department, accompanied by the fee for restoration of

registration provided by section 1960. This subsection shall

not apply in the following circumstances:

* * *

(e)  Obligations upon issuance, lapse, termination or

cancellation of financial responsibility.--

* * *

(2)  An insurer who has issued a contract of motor

vehicle liability insurance, or any approved self-insurance

entity, shall notify the department [in a timely manner] of

the issuance within 24 hours and in a method prescribed by

the [department's regulations] department. [Upon request of

an owner or registrant in the case of an appeal brought by an

owner or registrant for suspension under this section, an

insurer shall provide a copy of the notice of cancellation or

a copy of the insurer's filing procedures with proof that the

notice was written in the normal course of business and

placed in the normal course of mailing. The department shall

not be required to produce such copy or any other proof that

notice of termination, lapse or cancellation was provided to

the owner or registrant in order to satisfy the burden of

proof in a proceeding under this section.]

(2.1)  Upon request by the department, an insurer shall

notify the department of all vehicles for which it is

providing vehicle liability insurance on the date of the

request. The insurer shall submit the information as

prescribed by the department.

(3)  An insurer who has issued a contract of motor

vehicle liability insurance [and knows or has reason to

believe that the contract is only for the purpose of

providing proof of financial responsibility] shall notify the

department if the insurance has lapsed or been canceled or

terminated by the insured or by the insurer. The insurer

shall notify the department not later than ten days following

the effective date of the cancellation or termination. Upon

request of a motor vehicle owner or if an appeal is brought

by an owner or registrant for suspension under this section,

an insurer shall provide a copy of the notice of termination,

lapse or cancellation or a copy of the insurer's filing

procedures with proof that the notice was written in the

normal course of business and placed in the normal course of

mailing. The department shall not be required to produce the

copy or any other proof that notice of termination, lapse or

cancellation was provided to the owner or registrant in order

to satisfy the burden of proof in a proceeding under this

section.

* * *

(6)  Upon the request of the department, an insurer shall

verify whether a contract of motor vehicle liability

insurance has been issued for a vehicle.

(7)  Certification by the department that it was unable

to verify the existence of insurance shall:

(i)  be admissible into evidence,

(ii)  be prima facie evidence of the absence of

required financial responsibility for the purposes of

this section; and

(iii)  establish a presumption that the coverage does

not exist.

* * *

Section 7.  Section 3368(c)(2) of Title 75 is amended,

subsection (c) is amended by adding a paragraph and the section

is amended by adding subsections to read:

§ 3368.  Speed timing devices.

* * *

(c)  Mechanical, electrical and electronic devices

authorized.--

* * *

(2)  Except as otherwise provided in [paragraph (3)]

paragraphs (3) and (3.1), electronic devices such as radio-

microwave devices (commonly referred to as electronic speed

meters or radar) may be used only by members of the

Pennsylvania State Police.

* * *

(3.1)  The department or its agents or contractors may

operate the devices authorized under paragraphs (2) and (3)

for the purpose of measuring and calculating the rate of

speed of vehicles in active work zones.

* * *

(f)  Owner liability.--For each violation under subsection

(c)(3.1), the owner of the vehicle shall be liable for the

penalty imposed unless the owner is convicted of the same

violation under another section of this title or has a defense

under subsection (i).

(g)  Certificate as evidence.--A certificate, or a facsimile

of a certificate, based upon inspection of measurements recorded

by the devices operated under subsection (c)(3.1) and sworn to

or affirmed by a police officer shall be prima facie evidence of

the facts contained in it. The certificate must include written

documentation that the mechanical, electrical or electronic

timing device was operating correctly at the time of the alleged

violation.

(h)  Penalty.--

(1)  The penalty for a violation under subsection (c)

(3.1) shall be the fines set forth under section 3365(d)

(relating to penalty).

(2)  A penalty imposed under this section shall not be

deemed a criminal conviction and shall not be made part of

the operating record under section 1535 (relating to schedule

of convictions and points) of the individual upon whom the

penalty is imposed, nor may the imposition of the penalty be

subject to merit rating for insurance purposes.

(i)  Defenses.--

(1)  It shall be a defense to a violation under

subsection (c)(3.1) that the person named in the notice of

the violation was not operating the vehicle at the time of

the violation. The owner may be required to submit evidence

that the owner was not the driver at the time of the alleged

violation. The owner of the vehicle may not be required to

disclose the identity of the operator of the vehicle at the

time of the violation.

(2)  If an owner receives a notice of violation under

this section of a time period during which the vehicle was

reported to a police department of any state or municipality

as having been stolen, it shall be a defense to a violation

under this section that the vehicle has been reported to a

police department as stolen prior to the time the violation

occurred and had not been recovered prior to that time.

(3)  It shall be a defense to a violation under this

section that the person receiving the notice of violation was

not the owner of the vehicle at the time of the offense.

(j)  Notice to owner.--In the case of a violation involving a

motor vehicle registered under the laws of this Commonwealth,

the notice of violation must be mailed within 30 days after the

commission of the violation or within 30 days after the

discovery of the identity of the registered owner, whichever is

later, and not thereafter to the address of the registered owner

as listed in the records of the department. In the case of motor

vehicles registered in jurisdictions other than this

Commonwealth, the notice of violation must be mailed within 30

days after the discovery of the identity of the registered

owner, and not thereafter to the address of the registered owner

as listed in the records of the official in the jurisdiction

having charge of the registration of the vehicle. A notice of

violation under this section must be provided to an owner within

90 days of the commission of the offense.

(k)  Mailing of notice and records.--Notice of violation must

be sent by first class mail. A manual or automatic record of

mailing prepared by the system administrator in the ordinary

course of business shall be prima facie evidence of mailing and

shall be admissible in any judicial or administrative proceeding

as to the facts contained in it.

Section 8.  Section 4703 of Title 75 is amended by adding a

subsection to read:

§ 4703.  Operation of vehicle without official certificate of

inspection.

* * *

(d.1)  New motor vehicles.--A current model year motor

vehicle, other than a motor carrier vehicle, never before

registered in this Commonwealth or any other jurisdiction and

which has less than 5,000 miles on its odometer shall be exempt

from the safety inspection requirement for two years from the

date of original sale. A certificate of exemption shall be

affixed to the vehicle in a manner prescribed by the department.

* * *

Section 9.  Section 6125(b) of Title 75 is amended to read:

§ 6125.  Display of unauthorized signs, signals or markings.

* * *

(b)  Commercial advertising on signs or signals.--[No]

(1)  Except as provided under paragraph (2), no person

shall place or maintain nor shall any public authority permit

upon any highway any official traffic-control device

containing any commercial advertising except for business

signs included as a part of official motorist service panels

or roadside area information panels approved by the

department.

(2)  The department may, except as provided under Federal

law, lease space for commercial advertising upon any official

traffic-control device.

* * *

Section 10.  Section 6506 of Title 75 is amended by adding a

subsection to read:

§ 6506.  Surcharge.

* * *

(c)  Disposition.--Notwithstanding the provisions of 42

Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines,

etc.) and 3573 (relating to municipal corporation portion of

fines, etc.):

(1)  For fiscal year 2012-2013 and each fiscal year

thereafter, all surcharges levied and collected under

subsection (a) by any division of the unified judicial system

existing under section 1 of Article V of the Constitution of

Pennsylvania and 42 Pa.C.S. § 301 (relating to unified

judicial system) shall be remitted to the Commonwealth for

deposit in the Intermodal Transportation Fund.

(2)  If the surcharge is being paid in installments, the

surcharge shall be remitted on each installment.

Section 11.  Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the following:

(i)  The addition of 74 Pa.C.S. § 9101.

(ii)  The addition of 75 Pa.C.S. § 6506(c).

(2)  Section 1798-E of the act of April 9, 1929 (P.L.343,

No.176), known as The Fiscal Code, is repealed.

Section 12.  This act shall take effect in 60 days.