Pennsylvania Act 1992-165 — VEHICLE CODE (75 PA.C.S.) - AMEND REQUIRED FINANCIAL RESPONSIBILITY

Act text

VEHICLE CODE (75 PA.C.S.) - AMEND REQUIRED FINANCIAL RESPONSIBILITY
                 Act of Dec. 16, 1992, P.L. 1247, No. 165             Cl. 75
                             Session of 1992
                               No. 1992-165

     HB 2519

                                  AN ACT

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, further providing for required financial
        responsibility.

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

        Section 1.  Section 1786 of Title 75 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 1786.  Required financial responsibility.
        (a)  General rule.--Every motor vehicle of the type required
     to be registered under this title which is operated or currently
     registered shall be covered by financial responsibility.
        (b)  Self-certification.--The Department of Transportation
     shall require that each motor vehicle registrant certify that
     the registrant is financially responsible at the time of
     registration or renewal thereof. The department shall refuse to
     register or renew the registration of a vehicle for failure to
     comply with this requirement or falsification of self-
     certification.
        (c)  Consent to produce proof of financial responsibility.--
     Upon registering a motor vehicle or renewing a motor vehicle
     registration, the owner of the motor vehicle shall be deemed to
     have given consent to produce proof, upon request, to the
     Department of Transportation or a police officer that the
     vehicle registrant has the financial responsibility required by
     this chapter.
        (d)  Suspension of registration and operating privilege.--The
     Department of Transportation shall suspend the registration of a
     vehicle 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. Whenever the department revokes or suspends the
     registration of any vehicle under this chapter, the department
     shall not restore the registration until 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:
            (1)  The owner or registrant proves to the satisfaction
        of the department that the lapse in financial responsibility
        coverage was for a period of less than [21] 31 days and that
        the owner or registrant did not operate or permit the
        operation of the vehicle during the period of lapse in
        financial responsibility.
            (2)  The owner or registrant is a member of the armed
        services of the United States, the owner or registrant has
        previously had the financial responsibility required by this
        chapter, financial responsibility had lapsed while the owner
        or registrant was on temporary, emergency duty and the
        vehicle was not operated during the period of lapse in
        financial responsibility. The exemption granted by this
        paragraph shall continue for 30 days after the owner or
        registrant returns from duty as long as the vehicle is not
        operated until the required financial responsibility has been
        established.
        (e)  Obligations upon termination of financial
     responsibility.--
            (1)  An owner of a motor vehicle who ceases to maintain
        financial responsibility on a registered vehicle shall not
        operate or permit operation of the vehicle in this
        Commonwealth until proof of the required financial
        responsibility has been provided to the Department of
        Transportation.
            (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 and in
        a method prescribed by the department's regulations.
            (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 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.
            (4)  A person who, after maintaining financial
        responsibility on the vehicle of another person, ceases to
        maintain such financial responsibility shall immediately
        notify the vehicle's owner who shall not operate, or permit
        operation of, the vehicle in this Commonwealth.
            (5)  In the case of a person who leases any motor vehicle
        from a person engaged in the business of leasing motor
        vehicles, the lessee shall sign a statement indicating that
        the required financial responsibility has been provided
        through the lessor or through the lessee's motor vehicle
        liability insurance policy coverage. The lessee shall submit
        the statement to the lessor.
        (f)  Operation of a motor vehicle without required financial
     responsibility.--Any owner of a motor vehicle for which the
     existence of financial responsibility is a requirement for its
     legal operation shall not operate the motor vehicle or permit it
     to be operated upon a highway of this Commonwealth without the
     financial responsibility required by this chapter. In addition
     to the penalties provided by subsection (d), any person who
     fails to comply with this subsection commits a summary offense
     and shall, upon conviction, be sentenced to pay a fine of $300.
        (g)  Defenses.--
            (1)  No person shall be convicted of failing to produce
        proof of financial responsibility under this subchapter or
        section 3743 (relating to accidents involving damage to
        attended vehicle or property) or 6308 (relating to
        investigation by police officers) if the person produces, at
        the office of the issuing authority within five days of the
        date of the violation, proof that he possessed the required
        financial responsibility at the time of the violation.
            (2)  No person shall be penalized for maintaining a
        registered motor vehicle without financial responsibility
        under subsection (d) if the registration plate and card were
        voluntarily surrendered to the department or an agent
        appointed by the department to issue temporary registration
        cards and plates pursuant to regulations promulgated by the
        department at the time insurance coverage terminated or
        financial responsibility lapsed. The department or the agent,
        as the case may be, shall issue a receipt showing the date
        that the registration plate and card were received. The agent
        shall return the registration plate and card to the
        department accompanied by a copy of the receipt.
        (h)  Reinstatement of voluntarily surrendered registration
     plate and card.--
            (1)  Except as provided in paragraph (2), the original
        registration plate and card shall be canceled by the
        department and destroyed. Any person who voluntarily
        surrendered a registration plate and card pursuant to the
        provisions of subsection (g)(2) may obtain a substitute
        registration plate and card bearing a registration number
        other than that originally issued from the department or an
        agent, as the case may be. Proof of financial responsibility
        in a form approved by the department shall be submitted.
            (2)  Any registration plate issued under sections 1340
        (relating to antique and classic plates) and 1341 (relating
        to personal plate) shall be returned by the department to the
        owner of the motor vehicle upon receipt of proof of financial
        responsibility.
            (3)  An agent appointed by the department to issue
        temporary registration cards and plates pursuant to
        regulations promulgated by the department shall be authorized
        to issue substitute temporary registration plates provided
        proof of financial responsibility is furnished. The fees
        provided pursuant to sections 1929 (relating to replacement
        registration plates) and 1932 (relating to duplicate
        registration cards) shall not be charged if the original
        registration plate and card were canceled pursuant to
        paragraph (1).
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 16th day of December, A. D. 1992.

     ROBERT P. CASEY