act-1992-0-165•Pennsylvania Act 1992-165 — VEHICLE CODE (75 PA.C.S.) - AMEND REQUIRED FINANCIAL RESPONSIBILITY
Pennsylvania Act 1992-165 — VEHICLE CODE (75 PA.C.S.) - AMEND REQUIRED FINANCIAL RESPONSIBILITY
act-1992-0-1651992 Pa. Act 165Law
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
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