1Amending Titles 74 (Transportation) and 75 (Vehicles) of the
2Pennsylvania Consolidated Statutes, providing for intermodal
3transportation; further providing for definitions, for
4registration periods, for display of registration plates, for
5driver's license examinations, for expiration and renewal of
6drivers' licenses, for required financial responsibility, for
7speed timing devices, for inspection certificate violations,
8for display of unauthorized material and for surcharges; and
9repealing a related provision of the Fiscal Code.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1.  Title 74 of the Pennsylvania Consolidated
13Statutes is amended by adding chapters to read:

14Chapter

1590.  (Reserved)

1693.  Funding

17CHAPTER 90

18(RESERVED)

19CHAPTER 93

20INTERMODAL TRANSPORTATION FUNDING

21Sec.

19301.  Intermodal Transportation Fund.

2§ 9301.  Intermodal Transportation Fund.

3(a)  Establishment.--A special fund is established within the
4State Treasury to be known as the Intermodal Transportation
5Fund. Money in the fund is appropriated, upon approval of the
6Governor, to the Department of Transportation for the purposes
7set forth under this section.

8(b)  Deposits to the fund.--The following shall be deposited
9into the fund:

10(1)  All surcharges levied under 75 Pa.C.S. § 6506(a)
11(relating to surcharge).

12(2)  Other appropriations, deposits or transfers to the
13fund.

14(3)  All interest earned on money in the fund.

15(c)  Use of revenues.--Money in the fund shall be used by the
16department for all of the following:

17(1)  To provide financial assistance through the
18department's programs relating to aviation, rail freight,
19passenger rail, ports and waterways.

20(2)  For payment of costs incurred directly by the
21department in the administration of the programs specified
22under paragraph (1).

23(3)  For payment of costs for activities initiated or
24undertaken directly by the department with reference to the
25programs specified under paragraph (1).

26Section 2.  Section 102 of Title 75 is amended by adding a
27definition to read:

28§ 102.  Definitions.

29Subject to additional definitions contained in subsequent
30provisions of this title which are applicable to specific

1provisions of this title, the following words and phrases when
2used in this title shall have, unless the context clearly
3indicates otherwise, the meanings given to them in this section:

4* * *

5"Model year."  The calendar year so designated by a
6recognized manufacturer of a vehicle as the model year for a
7particular vehicle.

8* * *

9Section 3.  Section 1307(a), (b) and (c) of Title 75 are
10amended and the section is amended by adding a subsection to
11read:

12§ 1307.  Period of registration.

13(a)  Staggered renewal system to be established.--The
14department shall establish a system of staggered registration
15renewal in a manner that an approximately equal number of
16registrations will expire every month throughout [the year] a 
17two-year period. In order to implement and maintain the
18staggered registration system, the department may prorate annual
19registration fees over registration periods of from 6 to [18] 30
20months.

21* * *

22(b)  New registration.--A new registration is effective on
23the date of issuance of a registration card by the department or
24the date of issuance of a temporary registration card by an
25authorized agent of the department under section 1310 (relating
26to temporary registration cards). Except as otherwise indicated 
27in this chapter, a new registration shall expire two years after 
28the last day of the month preceding either the date of issuance 
29of a registration card by the department or the date of issuance 
30of a temporary registration card by either the department or an 

1authorized agent of the department, whichever occurs first.

2(c)  Renewal of registration.--A renewed registration shall
3be effective on issuance by the department of a renewed
4registration card. Except as otherwise indicated in this 
5chapter, a renewed registration shall expire as follows:

6(1)  If a registration is renewed before two months have
7elapsed since its scheduled expiration, the renewed
8registration shall expire two years after the last day of the
9month in which it had been scheduled to expire.

10(2)  If a registration is renewed after two months have
11elapsed since expiration, the renewed registration shall
12expire two years after the last day of the month preceding
13the date of issuance of the renewed registration.

14* * *

15(g)  International Registration Plan.--Vehicles registered
16under the International Registration Plan shall be subject to
17annual registration renewal.

18Section 4.  Sections 1332 and 1508 of Title 75 are amended by
19adding subsections to read:

20§ 1332.  Display of registration plate.

21* * *

22(a.1)  Validating registration stickers.--Validating
23registration stickers shall no longer be issued or required to
24be displayed.

25* * *

26§ 1508.  Examination of applicant for driver's license.

27* * *

28(e)  Third party testing.--The department may authorize a 
29third party to administer the portion of the examination that 
30demonstrates the applicant's ability to exercise ordinary and 

1reasonable control in the operation of a motor vehicle of the 
2type or class of vehicles for which the applicant desires a 
3license to drive. Third party providers shall only administer 
4exams required in this section if:

5(1)  The test is the same test as that which would
6otherwise be administered by the department.

7(2)  The third party has entered into an agreement with
8the department, and that agreement has not been terminated by
9the department.

10(f)  Driver License Examiners.--No layoffs shall occur in the
11classification known as Driver's License Examiner as a result of
12this section.

13Section 5.  Section 1514(a) and (e)(2) of Title 75 are
14amended and the section is amended by adding subsections to
15read:

16§ 1514.  Expiration and renewal of drivers' licenses.

17(a)  General rule.--[Every] Except as otherwise indicated, 
18every driver's license shall expire on the day after the
19licensee's birthdate [at intervals of not more than four years
20as may be determined by the department] not less than 85 months 
21nor more than 96 months from the date of validation by the 
22department. Every license shall be renewable on or before its
23expiration upon application, payment of the required fee, and
24satisfactory completion of any examination required or
25authorized by this chapter.

26(a.1)  Hazardous materials endorsement.--A driver's license
27containing a hazardous materials endorsement shall expire on the
28day after the licensee's birthday not less than 49 months nor
29more than 60 months from the date of validation by the
30department.

1(a.2)  Senior license.--Upon submission of an application
2along with the appropriate fee, a person at least 65 years of
3age may request a two-year driver's license which shall expire
4on the day after the birthdate of the licensee not less than 13
5months nor more than 24 months from the date of validation by
6the department.

7(a.3)  Staggered renewals.--The department shall establish a
8system of staggered driver's license renewals in a manner that
9an approximately equal number of drivers' licenses will expire
10annually throughout an eight-year period. In order to implement
11and maintain the staggered driver's license renewal system, the
12department may issue driver's licenses for periods of 37 months
13to 96 months.

14* * *

15(e)  Noncitizen license expiration and renewal.--

16* * *

17(2)  If the expiration date of the INS credentials or
18documents exceeds [four] eight years, the license shall
19expire one day after the applicant's date of birth but not
20more than [four] eight years from the date of issuance of the
21license.

22* * *

23(f)  Identification cards.--Identification cards will be
24subject to the expiration and renewal guidelines set forth in
25this section.

26Section 6.  Section 1786(d)(1) and (2) introductory paragraph
27and (e) heading, (2) and (3) are amended and subsections (d) and
28(e) are amended by adding paragraphs to read:

29§ 1786.  Required financial responsibility.

30* * *

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

2(1)  [The] Except as provided under paragraph (1.1), the
3Department of Transportation shall suspend the registration
4of a vehicle for a period of three months if it determines
5the required financial responsibility was not secured as
6required by this chapter and shall suspend the operating
7privilege of the owner or registrant for a period of three
8months if the department determines that the owner or
9registrant has operated or permitted the operation of the
10vehicle without the required financial responsibility. The
11operating privilege shall not be restored until the
12restoration fee for operating privilege provided by section
131960 (relating to reinstatement of operating privilege or
14vehicle registration) is paid.

15(1.1)  An owner or registrant shall have the option of
16proceeding under this paragraph instead of serving a
17registration suspension imposed under this section. If an
18owner or registrant proceeds under this paragraph, he or she
19shall do all of the following:

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

21(ii)  Pay the restoration fee for operating privilege
22provided under section 1960.

23(iii)  Furnish proof of financial responsibility in a
24manner determined by the department.

25(2)  Whenever the department revokes or suspends the
26registration of any vehicle under this chapter, the
27department shall not restore or transfer the registration
28until the suspension has been served or the civil penalty has 
29been paid to the department and the vehicle owner furnishes
30proof of financial responsibility in a manner determined by

1the department and submits an application for registration to
2the department, accompanied by the fee for restoration of
3registration provided by section 1960. This subsection shall
4not apply in the following circumstances:

5* * *

6(e)  Obligations upon issuance, lapse, termination or
7cancellation of financial responsibility.--

8* * *

9(2)  An insurer who has issued a contract of motor
10vehicle liability insurance, or any approved self-insurance
11entity, shall notify the department [in a timely manner] of 
12the issuance within 24 hours and in a method prescribed by
13the [department's regulations] department. [Upon request of
14an owner or registrant in the case of an appeal brought by an
15owner or registrant for suspension under this section, an
16insurer shall provide a copy of the notice of cancellation or
17a copy of the insurer's filing procedures with proof that the
18notice was written in the normal course of business and
19placed in the normal course of mailing. The department shall
20not be required to produce such copy or any other proof that
21notice of termination, lapse or cancellation was provided to
22the owner or registrant in order to satisfy the burden of
23proof in a proceeding under this section.]

24(2.1)  Upon request by the department, an insurer shall
25notify the department of all vehicles for which it is
26providing vehicle liability insurance on the date of the
27request. The insurer shall submit the information as
28prescribed by the department.

29(3)  An insurer who has issued a contract of motor
30vehicle liability insurance [and knows or has reason to

1believe that the contract is only for the purpose of
2providing proof of financial responsibility] shall notify the
3department if the insurance has lapsed or been canceled or
4terminated by the insured or by the insurer. The insurer
5shall notify the department not later than ten days following
6the effective date of the cancellation or termination. Upon 
7request of a motor vehicle owner or if an appeal is brought 
8by an owner or registrant for suspension under this section, 
9an insurer shall provide a copy of the notice of termination, 
10lapse or cancellation or a copy of the insurer's filing 
11procedures with proof that the notice was written in the 
12normal course of business and placed in the normal course of 
13mailing. The department shall not be required to produce the 
14copy or any other proof that notice of termination, lapse or 
15cancellation was provided to the owner or registrant in order 
16to satisfy the burden of proof in a proceeding under this 
17section.

18* * *

19(6)  Upon the request of the department, an insurer shall
20verify whether a contract of motor vehicle liability
21insurance has been issued for a vehicle.

22(7)  Certification by the department that it was unable
23to verify the existence of insurance shall:

24(i)  be admissible into evidence,

25(ii)  be prima facie evidence of the absence of
26required financial responsibility for the purposes of
27this section; and

28(iii)  establish a presumption that the coverage does
29not exist.

30* * *

1Section 7.  Section 3368(c)(2) of Title 75 is amended,
2subsection (c) is amended by adding a paragraph and the section
3is amended by adding subsections to read:

4§ 3368.  Speed timing devices.

5* * *

6(c)  Mechanical, electrical and electronic devices
7authorized.--

8* * *

9(2)  Except as otherwise provided in [paragraph (3)]
10paragraphs (3) and (3.1), electronic devices such as radio-
11microwave devices (commonly referred to as electronic speed
12meters or radar) may be used only by members of the
13Pennsylvania State Police.

14* * *

15(3.1)  The department or its agents or contractors may
16operate the devices authorized under paragraphs (2) and (3)
17for the purpose of measuring and calculating the rate of
18speed of vehicles in active work zones.

19* * *

20(f)  Owner liability.--For each violation under subsection
21(c)(3.1), the owner of the vehicle shall be liable for the
22penalty imposed unless the owner is convicted of the same
23violation under another section of this title or has a defense
24under subsection (i).

25(g)  Certificate as evidence.--A certificate, or a facsimile
26of a certificate, based upon inspection of measurements recorded
27by the devices operated under subsection (c)(3.1) and sworn to
28or affirmed by a police officer shall be prima facie evidence of
29the facts contained in it. The certificate must include written
30documentation that the mechanical, electrical or electronic

1timing device was operating correctly at the time of the alleged
2violation.

3(h)  Penalty.--

4(1)  The penalty for a violation under subsection (c)
5(3.1) shall be the fines set forth under section 3365(d)
6(relating to penalty).

7(2)  A penalty imposed under this section shall not be
8deemed a criminal conviction and shall not be made part of
9the operating record under section 1535 (relating to schedule
10of convictions and points) of the individual upon whom the
11penalty is imposed, nor may the imposition of the penalty be
12subject to merit rating for insurance purposes.

13(i)  Defenses.--

14(1)  It shall be a defense to a violation under
15subsection (c)(3.1) that the person named in the notice of
16the violation was not operating the vehicle at the time of
17the violation. The owner may be required to submit evidence
18that the owner was not the driver at the time of the alleged
19violation. The owner of the vehicle may not be required to
20disclose the identity of the operator of the vehicle at the
21time of the violation.

22(2)  If an owner receives a notice of violation under
23this section of a time period during which the vehicle was
24reported to a police department of any state or municipality
25as having been stolen, it shall be a defense to a violation
26under this section that the vehicle has been reported to a
27police department as stolen prior to the time the violation
28occurred and had not been recovered prior to that time.

29(3)  It shall be a defense to a violation under this
30section that the person receiving the notice of violation was

1not the owner of the vehicle at the time of the offense.

2(j)  Notice to owner.--

3(1)  In the case of a violation involving a motor vehicle
4registered under the laws of this Commonwealth, the notice of
5violation shall be mailed within 30 days after the commission
6of the violation or within 30 days after the discovery of the
7identity of the registered owner, whichever is later, and not
8thereafter to the address of the registered owner as listed
9in the records of the department.

10(2)  In the case of motor vehicles registered in
11jurisdictions other than this Commonwealth, the notice of
12violation shall be mailed within 30 days after the discovery
13of the identity of the registered owner, and not thereafter
14to the address of the registered owner as listed in the
15records of the official in the jurisdiction having charge of
16the registration of the vehicle.

17(3)  A notice of violation under this section shall be
18provided to an owner within 90 days of the commission of the
19offense.

20(k)  Mailing of notice and records.--Notice of violation must
21be sent by first class mail. A manual or automatic record of
22mailing prepared by the system administrator in the ordinary
23course of business shall be prima facie evidence of mailing and
24shall be admissible in any judicial or administrative proceeding
25as to the facts contained in it.

26Section 8.  Section 4703 of Title 75 is amended by adding a
27subsection to read:

28§ 4703.  Operation of vehicle without official certificate of
29inspection.

30* * *

1(d.1)  New motor vehicles.--A current model year motor
2vehicle, other than a motor carrier vehicle, never before
3registered in this Commonwealth or any other jurisdiction and
4which has less than 5,000 miles on its odometer shall be exempt
5from the safety inspection requirement for two years from the
6date of original sale. A certificate of exemption shall be
7affixed to the vehicle in a manner prescribed by the department.

8* * *

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

10§ 6125.  Display of unauthorized signs, signals or markings.

11* * *

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

13(1)  Except as provided under paragraph (2), no person
14shall place or maintain nor shall any public authority permit
15upon any highway any official traffic-control device
16containing any commercial advertising except for business
17signs included as a part of official motorist service panels
18or roadside area information panels approved by the
19department.

20(2)  The department may, except as provided under Federal
21law, lease space for commercial advertising upon any official
22traffic-control device.

23* * *

24Section 10.  Section 6506 of Title 75 is amended by adding a
25subsection to read:

26§ 6506.  Surcharge.

27* * *

28(d)  Disposition.--Notwithstanding the provisions of 42 
29Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines,
30etc.) and 3573 (relating to municipal corporation portion of

1fines, etc.):

2(1)  For fiscal year 2012-2013 and each fiscal year
3thereafter, all surcharges levied and collected under
4subsection (a) by any division of the unified judicial system
5existing under section 1 of Article V of the Constitution of
6Pennsylvania and 42 Pa.C.S. § 301 (relating to unified
7judicial system) shall be remitted to the Commonwealth for
8deposit in the Intermodal Transportation Fund.

9(2)  If the surcharge is being paid in installments, the
10surcharge shall be remitted on each installment.

11Section 11.  Repeals are as follows:

12(1)  The General Assembly declares that the repeal under
13paragraph (2) is necessary to effectuate the following:

14(i)  The addition of 74 Pa.C.S. § 9301.

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

16(2)  Section 1798-E of the act of April 9, 1929 (P.L.343,
17No.176), known as The Fiscal Code, is repealed.

18Section 12.  This act shall take effect in 60 days.