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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HANNA, DECEMBER 20, 2011 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, DECEMBER 20, 2011 |
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| AN ACT |
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1 | Amending Titles 74 (Transportation) and 75 (Vehicles) of the |
2 | Pennsylvania Consolidated Statutes, providing for intermodal |
3 | transportation; further providing for definitions, for |
4 | registration periods, for display of registration plates, for |
5 | driver's license examinations, for expiration and renewal of |
6 | drivers' licenses, for required financial responsibility, for |
7 | speed timing devices, for inspection certificate violations, |
8 | for display of unauthorized material and for surcharges; and |
9 | making a related repeal. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Title 74 of the Pennsylvania Consolidated |
13 | Statutes is amended by adding a part to read: |
14 | PART V |
15 | INTERMODAL TRANSPORTATION |
16 | Chapter |
17 | 90. (Reserved) |
18 | 91. Funding |
19 | CHAPTER 90 |
20 | (RESERVED) |
21 | CHAPTER 91 |
22 | FUNDING |
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1 | Sec. |
2 | 9101. Intermodal Transportation Fund. |
3 | § 9101. Intermodal Transportation Fund. |
4 | (a) Establishment.--A special fund is established within the |
5 | State Treasury to be known as the Intermodal Transportation |
6 | Fund. Money in the fund is appropriated, upon approval of the |
7 | Governor, to the Department of Transportation for the purposes |
8 | set forth under this section. |
9 | (b) Deposits to the fund.--The following shall be deposited |
10 | into the fund: |
11 | (1) All surcharges levied under 75 Pa.C.S. § 6506(a) |
12 | (relating to surcharge). |
13 | (2) Other appropriations, deposits or transfers to the |
14 | fund. |
15 | (3) All interest earned on money in the fund. |
16 | (c) Use of revenues.--Money in the fund shall be used by the |
17 | department for all of the following: |
18 | (1) To provide financial assistance through the |
19 | department's programs relating to aviation, rail freight, |
20 | passenger rail, ports and waterways. |
21 | (2) For payment of costs incurred directly by the |
22 | department in the administration of the programs specified |
23 | under paragraph (1). |
24 | (3) For payment of costs for activities initiated or |
25 | undertaken directly by the department with reference to the |
26 | programs specified under paragraph (1). |
27 | Section 2. Section 102 of Title 75 is amended by adding a |
28 | definition to read: |
29 | § 102. Definitions. |
30 | Subject to additional definitions contained in subsequent |
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1 | provisions of this title which are applicable to specific |
2 | provisions of this title, the following words and phrases when |
3 | used in this title shall have, unless the context clearly |
4 | indicates otherwise, the meanings given to them in this section: |
5 | * * * |
6 | "Model year." The calendar year so designated by a |
7 | recognized manufacturer of a vehicle as the model year for a |
8 | particular vehicle. |
9 | * * * |
10 | Section 3. Section 1307(a), (b) and (c) of Title 75 are |
11 | amended and the section is amended by adding a subsection to |
12 | read: |
13 | § 1307. Period of registration. |
14 | (a) Staggered renewal system to be established.--The |
15 | department shall establish a system of staggered registration |
16 | renewal in a manner that an approximately equal number of |
17 | registrations will expire every month throughout [the year] a |
18 | two-year period. In order to implement and maintain the |
19 | staggered registration system, the department may prorate annual |
20 | registration fees over registration periods of from 6 to [18] 30 |
21 | months. |
22 | * * * |
23 | (b) New registration.--A new registration is effective on |
24 | the date of issuance of a registration card by the department or |
25 | the date of issuance of a temporary registration card by an |
26 | authorized agent of the department under section 1310 (relating |
27 | to temporary registration cards). Except as otherwise indicated |
28 | in this chapter, a new registration shall expire two years after |
29 | the last day of the month preceding either the date of issuance |
30 | of a registration card by the department or the date of issuance |
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1 | of a temporary registration card by either the department or an |
2 | authorized agent of the department, whichever occurs first. |
3 | (c) Renewal of registration.--A renewed registration shall |
4 | be effective on issuance by the department of a renewed |
5 | registration card. Except as otherwise indicated in this |
6 | chapter, a renewed registration shall expire as follows: |
7 | (1) If a registration is renewed before two months have |
8 | elapsed since its scheduled expiration, the renewed |
9 | registration shall expire two years after the last day of the |
10 | month in which it had been scheduled to expire. |
11 | (2) If a registration is renewed after two months have |
12 | elapsed since expiration, the renewed registration shall |
13 | expire two years after the last day of the month preceding |
14 | the date of issuance of the renewed registration. |
15 | * * * |
16 | (g) International Registration Plan.--Vehicles registered |
17 | under the International Registration Plan shall be subject to |
18 | annual registration renewal. |
19 | Section 4. Sections 1332 and 1508 of Title 75 are amended by |
20 | adding subsections to read: |
21 | § 1332. Display of registration plate. |
22 | * * * |
23 | (a.1) Validating registration stickers.--Validating |
24 | registration stickers shall no longer be issued or required to |
25 | be displayed. |
26 | * * * |
27 | § 1508. Examination of applicant for driver's license. |
28 | * * * |
29 | (e) Third party testing.--The department may authorize a |
30 | third party to administer the portion of the examination that |
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1 | demonstrates the applicant's ability to exercise ordinary and |
2 | reasonable control in the operation of a motor vehicle of the |
3 | type or class of vehicles for which the applicant desires a |
4 | license to drive. Third party providers shall only administer |
5 | exams required in this section if: |
6 | (1) The test is the same test as that which would |
7 | otherwise be administered by the department. |
8 | (2) The third party has entered into an agreement with |
9 | the department, and that agreement has not been terminated by |
10 | the department. |
11 | (f) Driver License Examiners.--No layoffs shall occur in the |
12 | classification known as Driver's License Examiner as a result of |
13 | this section. |
14 | Section 5. Section 1514(a) and (e)(2) of Title 75 are |
15 | amended and the section is amended by adding subsections to |
16 | read: |
17 | § 1514. Expiration and renewal of drivers' licenses. |
18 | (a) General rule.--[Every] Except as otherwise indicated, |
19 | every driver's license shall expire on the day after the |
20 | licensee's birthdate [at intervals of not more than four years |
21 | as may be determined by the department] not less than 85 months |
22 | nor more than 96 months from the date of validation by the |
23 | department. Every license shall be renewable on or before its |
24 | expiration upon application, payment of the required fee, and |
25 | satisfactory completion of any examination required or |
26 | authorized by this chapter. |
27 | (a.1) Hazardous materials endorsement.--A driver's license |
28 | containing a hazardous materials endorsement shall expire on the |
29 | day after the licensee's birthday not less than 49 months nor |
30 | more than 60 months from the date of validation by the |
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1 | department. |
2 | (a.2) Senior license.--Upon submission of an application |
3 | along with the appropriate fee, a person at least 65 years of |
4 | age may request a two-year driver's license which shall expire |
5 | on the day after the birthdate of the licensee not less than 13 |
6 | months nor more than 24 months from the date of validation by |
7 | the department. |
8 | (a.3) Staggered renewals.--The department shall establish a |
9 | system of staggered driver's license renewals in a manner that |
10 | an approximately equal number of drivers' licenses will expire |
11 | annually throughout an eight-year period. In order to implement |
12 | and maintain the staggered driver's license renewal system, the |
13 | department may issue driver's licenses for periods of 37 months |
14 | to 96 months. |
15 | * * * |
16 | (e) Noncitizen license expiration and renewal.-- |
17 | * * * |
18 | (2) If the expiration date of the INS credentials or |
19 | documents exceeds [four] eight years, the license shall |
20 | expire one day after the applicant's date of birth but not |
21 | more than [four] eight years from the date of issuance of the |
22 | license. |
23 | * * * |
24 | (f) Identification cards.--Identification cards will be |
25 | subject to the expiration and renewal guidelines set forth in |
26 | this section. |
27 | Section 6. Section 1786(d)(1) and (2) introductory paragraph |
28 | and (e) heading, (2) and (3) are amended and subsections (d) and |
29 | (e) are amended by adding paragraphs to read: |
30 | § 1786. Required financial responsibility. |
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1 | * * * |
2 | (d) Suspension of registration and operating privilege.-- |
3 | (1) [The] Except as provided under paragraph (1.1), the |
4 | Department of Transportation shall suspend the registration |
5 | of a vehicle for a period of three months if it determines |
6 | the required financial responsibility was not secured as |
7 | required by this chapter and shall suspend the operating |
8 | privilege of the owner or registrant for a period of three |
9 | months if the department determines that the owner or |
10 | registrant has operated or permitted the operation of the |
11 | vehicle without the required financial responsibility. The |
12 | operating privilege shall not be restored until the |
13 | restoration fee for operating privilege provided by section |
14 | 1960 (relating to reinstatement of operating privilege or |
15 | vehicle registration) is paid. |
16 | (1.1) An owner or registrant shall have the option of |
17 | proceeding under this paragraph instead of serving a |
18 | registration suspension imposed under this section. If an |
19 | owner or registrant proceeds under this paragraph, he or she |
20 | shall do all of the following: |
21 | (i) Pay to the department a civil penalty of $500. |
22 | (ii) Pay the restoration fee for operating privilege |
23 | provided under section 1960. |
24 | (iii) Furnish proof of financial responsibility in a |
25 | manner determined by the department. |
26 | (2) Whenever the department revokes or suspends the |
27 | registration of any vehicle under this chapter, the |
28 | department shall not restore or transfer the registration |
29 | until the suspension has been served or the civil penalty has |
30 | been paid to the department and the vehicle owner furnishes |
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1 | proof of financial responsibility in a manner determined by |
2 | the department and submits an application for registration to |
3 | the department, accompanied by the fee for restoration of |
4 | registration provided by section 1960. This subsection shall |
5 | not apply in the following circumstances: |
6 | * * * |
7 | (e) Obligations upon issuance, lapse, termination or |
8 | cancellation of financial responsibility.-- |
9 | * * * |
10 | (2) An insurer who has issued a contract of motor |
11 | vehicle liability insurance, or any approved self-insurance |
12 | entity, shall notify the department [in a timely manner] of |
13 | the issuance within 24 hours and in a method prescribed by |
14 | the [department's regulations] department. [Upon request of |
15 | an owner or registrant in the case of an appeal brought by an |
16 | owner or registrant for suspension under this section, an |
17 | insurer shall provide a copy of the notice of cancellation or |
18 | a copy of the insurer's filing procedures with proof that the |
19 | notice was written in the normal course of business and |
20 | placed in the normal course of mailing. The department shall |
21 | not be required to produce such copy or any other proof that |
22 | notice of termination, lapse or cancellation was provided to |
23 | the owner or registrant in order to satisfy the burden of |
24 | proof in a proceeding under this section.] |
25 | (2.1) Upon request by the department, an insurer shall |
26 | notify the department of all vehicles for which it is |
27 | providing vehicle liability insurance on the date of the |
28 | request. The insurer shall submit the information as |
29 | prescribed by the department. |
30 | (3) An insurer who has issued a contract of motor |
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1 | vehicle liability insurance [and knows or has reason to |
2 | believe that the contract is only for the purpose of |
3 | providing proof of financial responsibility] shall notify the |
4 | department if the insurance has lapsed or been canceled or |
5 | terminated by the insured or by the insurer. The insurer |
6 | shall notify the department not later than ten days following |
7 | the effective date of the cancellation or termination. Upon |
8 | request of a motor vehicle owner or if an appeal is brought |
9 | by an owner or registrant for suspension under this section, |
10 | an insurer shall provide a copy of the notice of termination, |
11 | lapse or cancellation or a copy of the insurer's filing |
12 | procedures with proof that the notice was written in the |
13 | normal course of business and placed in the normal course of |
14 | mailing. The department shall not be required to produce the |
15 | copy or any other proof that notice of termination, lapse or |
16 | cancellation was provided to the owner or registrant in order |
17 | to satisfy the burden of proof in a proceeding under this |
18 | section. |
19 | * * * |
20 | (6) Upon the request of the department, an insurer shall |
21 | verify whether a contract of motor vehicle liability |
22 | insurance has been issued for a vehicle. |
23 | (7) Certification by the department that it was unable |
24 | to verify the existence of insurance shall: |
25 | (i) be admissible into evidence, |
26 | (ii) be prima facie evidence of the absence of |
27 | required financial responsibility for the purposes of |
28 | this section; and |
29 | (iii) establish a presumption that the coverage does |
30 | not exist. |
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1 | * * * |
2 | Section 7. Section 3368(c)(2) of Title 75 is amended, |
3 | subsection (c) is amended by adding a paragraph and the section |
4 | is amended by adding subsections to read: |
5 | § 3368. Speed timing devices. |
6 | * * * |
7 | (c) Mechanical, electrical and electronic devices |
8 | authorized.-- |
9 | * * * |
10 | (2) Except as otherwise provided in [paragraph (3)] |
11 | paragraphs (3) and (3.1), electronic devices such as radio- |
12 | microwave devices (commonly referred to as electronic speed |
13 | meters or radar) may be used only by members of the |
14 | Pennsylvania State Police. |
15 | * * * |
16 | (3.1) The department or its agents or contractors may |
17 | operate the devices authorized under paragraphs (2) and (3) |
18 | for the purpose of measuring and calculating the rate of |
19 | speed of vehicles in active work zones. |
20 | * * * |
21 | (f) Owner liability.--For each violation under subsection |
22 | (c)(3.1), the owner of the vehicle shall be liable for the |
23 | penalty imposed unless the owner is convicted of the same |
24 | violation under another section of this title or has a defense |
25 | under subsection (i). |
26 | (g) Certificate as evidence.--A certificate, or a facsimile |
27 | of a certificate, based upon inspection of measurements recorded |
28 | by the devices operated under subsection (c)(3.1) and sworn to |
29 | or affirmed by a police officer shall be prima facie evidence of |
30 | the facts contained in it. The certificate must include written |
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1 | documentation that the mechanical, electrical or electronic |
2 | timing device was operating correctly at the time of the alleged |
3 | violation. |
4 | (h) Penalty.-- |
5 | (1) The penalty for a violation under subsection (c) |
6 | (3.1) shall be the fines set forth under section 3365(d) |
7 | (relating to penalty). |
8 | (2) A penalty imposed under this section shall not be |
9 | deemed a criminal conviction and shall not be made part of |
10 | the operating record under section 1535 (relating to schedule |
11 | of convictions and points) of the individual upon whom the |
12 | penalty is imposed, nor may the imposition of the penalty be |
13 | subject to merit rating for insurance purposes. |
14 | (i) Defenses.-- |
15 | (1) It shall be a defense to a violation under |
16 | subsection (c)(3.1) that the person named in the notice of |
17 | the violation was not operating the vehicle at the time of |
18 | the violation. The owner may be required to submit evidence |
19 | that the owner was not the driver at the time of the alleged |
20 | violation. The owner of the vehicle may not be required to |
21 | disclose the identity of the operator of the vehicle at the |
22 | time of the violation. |
23 | (2) If an owner receives a notice of violation under |
24 | this section of a time period during which the vehicle was |
25 | reported to a police department of any state or municipality |
26 | as having been stolen, it shall be a defense to a violation |
27 | under this section that the vehicle has been reported to a |
28 | police department as stolen prior to the time the violation |
29 | occurred and had not been recovered prior to that time. |
30 | (3) It shall be a defense to a violation under this |
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1 | section that the person receiving the notice of violation was |
2 | not the owner of the vehicle at the time of the offense. |
3 | (j) Notice to owner.--In the case of a violation involving a |
4 | motor vehicle registered under the laws of this Commonwealth, |
5 | the notice of violation must be mailed within 30 days after the |
6 | commission of the violation or within 30 days after the |
7 | discovery of the identity of the registered owner, whichever is |
8 | later, and not thereafter to the address of the registered owner |
9 | as listed in the records of the department. In the case of motor |
10 | vehicles registered in jurisdictions other than this |
11 | Commonwealth, the notice of violation must be mailed within 30 |
12 | days after the discovery of the identity of the registered |
13 | owner, and not thereafter to the address of the registered owner |
14 | as listed in the records of the official in the jurisdiction |
15 | having charge of the registration of the vehicle. A notice of |
16 | violation under this section must be provided to an owner within |
17 | 90 days of the commission of the offense. |
18 | (k) Mailing of notice and records.--Notice of violation must |
19 | be sent by first class mail. A manual or automatic record of |
20 | mailing prepared by the system administrator in the ordinary |
21 | course of business shall be prima facie evidence of mailing and |
22 | shall be admissible in any judicial or administrative proceeding |
23 | as to the facts contained in it. |
24 | Section 8. Section 4703 of Title 75 is amended by adding a |
25 | subsection to read: |
26 | § 4703. Operation of vehicle without official certificate of |
27 | inspection. |
28 | * * * |
29 | (d.1) New motor vehicles.--A current model year motor |
30 | vehicle, other than a motor carrier vehicle, never before |
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1 | registered in this Commonwealth or any other jurisdiction and |
2 | which has less than 5,000 miles on its odometer shall be exempt |
3 | from the safety inspection requirement for two years from the |
4 | date of original sale. A certificate of exemption shall be |
5 | affixed to the vehicle in a manner prescribed by the department. |
6 | * * * |
7 | Section 9. Section 6125(b) of Title 75 is amended to read: |
8 | § 6125. Display of unauthorized signs, signals or markings. |
9 | * * * |
10 | (b) Commercial advertising on signs or signals.--[No] |
11 | (1) Except as provided under paragraph (2), no person |
12 | shall place or maintain nor shall any public authority permit |
13 | upon any highway any official traffic-control device |
14 | containing any commercial advertising except for business |
15 | signs included as a part of official motorist service panels |
16 | or roadside area information panels approved by the |
17 | department. |
18 | (2) The department may, except as provided under Federal |
19 | law, lease space for commercial advertising upon any official |
20 | traffic-control device. |
21 | * * * |
22 | Section 10. Section 6506 of Title 75 is amended by adding a |
23 | subsection to read: |
24 | § 6506. Surcharge. |
25 | * * * |
26 | (c) Disposition.--Notwithstanding the provisions of 42 |
27 | Pa.C.S. §§ 3571 (relating to Commonwealth portion of fines, |
28 | etc.) and 3573 (relating to municipal corporation portion of |
29 | fines, etc.): |
30 | (1) For fiscal year 2012-2013 and each fiscal year |
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1 | thereafter, all surcharges levied and collected under |
2 | subsection (a) by any division of the unified judicial system |
3 | existing under section 1 of Article V of the Constitution of |
4 | Pennsylvania and 42 Pa.C.S. § 301 (relating to unified |
5 | judicial system) shall be remitted to the Commonwealth for |
6 | deposit in the Intermodal Transportation Fund. |
7 | (2) If the surcharge is being paid in installments, the |
8 | surcharge shall be remitted on each installment. |
9 | Section 11. Repeals are as follows: |
10 | (1) The General Assembly declares that the repeal under |
11 | paragraph (2) is necessary to effectuate the following: |
12 | (i) The addition of 74 Pa.C.S. § 9101. |
13 | (ii) The addition of 75 Pa.C.S. § 6506(c). |
14 | (2) Section 1798-E of the act of April 9, 1929 (P.L.343, |
15 | No.176), known as The Fiscal Code, is repealed. |
16 | Section 12. This act shall take effect in 60 days. |
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