Pennsylvania Act 1990-164 — VEHICLE CODE (75 PA.C.S.) - AMEND

Act text

VEHICLE CODE (75 PA.C.S.) - AMEND
                  Act of Dec. 7, 1990, P.L. 635, No. 164              Cl. 75
                             Session of 1990
                               No. 1990-164

                                  AN ACT

     SB 278

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, further providing for procedures relating to the
        discharge of certain employees holding commercial driver
        licenses, for suspension of registration and operating
        privileges relating to failure to maintain financial
        responsibility and for pedestrian-control signals.

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

        Section 1.  Sections 1619(c), (d) and (e) and 1786(d) of
     Title 75 of the Pennsylvania Consolidated Statutes are amended
     to read:
      § 1619.  Prohibition against discharging, disciplining or
                    discriminating against employees.
        * * *
        (c)  Procedure.--
            (1)  Any employee who believes he has been discharged,
        disciplined or otherwise discriminated against by any person
        in violation of subsection (a) or (b) may, within 180 days
        after such alleged violation occurs, file or have filed by
        any person on the employee's behalf a complaint with [the
        Pennsylvania Public Utility Commission] a district justice
        alleging such discharge, discipline or discrimination. [Upon
        receipt of such a complaint, the Pennsylvania Public Utility
        Commission shall notify the person named in the complaint of
        the filing of the complaint.
            (2)  (i)  Within 60 days of receipt of a complaint filed
            under paragraph (1), the Pennsylvania Public Utility
            Commission shall conduct an investigation and determine
            whether there is reasonable cause to believe that the
            complaint has merit and notify the complainant and the
            person alleged to have committed a violation of this
            section of its findings. Where the Pennsylvania Public
            Utility Commission has concluded that there is reasonable
            cause to believe that a violation has occurred, its
            finding shall be accompanied by a preliminary order
            providing the relief prescribed by subparagraph (ii).
            Thereafter, either the person alleged to have committed
            the violation or the complainant may, within 30 days,
            file objections to the findings or preliminary order, or
            both, and request a hearing on the record, except that
            the filing of such objections shall not operate to stay
            any reinstatement remedy contained in the preliminary
            order. Such hearings shall be expeditiously conducted.
            Where a hearing is not timely requested, the preliminary
            order shall be deemed a final order which is not subject
            to judicial review. Upon the conclusion of such hearing,
            the Pennsylvania Public Utility Commission shall issue a
            final order within 120 days. In the interim, such
            proceedings may be terminated at any time on the basis of
            a settlement agreement entered into by the Pennsylvania
            Public Utility Commission, the complainant and the person
            alleged to have committed the violation.
                (ii)  If, in response to a complaint filed under
            paragraph (1), the Pennsylvania Public Utility
            Commission] Actions brought under this section shall be
            brought in the court of common pleas if the complaint
            states a claim for damages in excess of the
            jurisdictional limits provided by 42 Pa.C.S. § 1515
            (relating to jurisdiction and venue) and the plaintiff
            declines to waive the portion of his claim exceeding the
            jurisdictional amount.
            (2)  Upon request of the employee, the employer or any
        representative of the employee or employer, the Pennsylvania
        Public Utility Commission shall assign and direct an
        investigator with qualifications in motor vehicle safety
        inspections to examine the vehicle or vehicles in question
        and render a signed report. Such report shall be prima facie
        evidence of the facts and the conclusions contained therein,
        and may be introduced in a legal proceeding brought under
        this section. Any party may call the investigator as if on
        cross examination in a legal proceeding brought under this
        section.
            (3)  If the district justice or the court of common
        pleas, after notice and hearing, determines that a violation
        of subsection (a) or (b) has occurred, the [Pennsylvania
        Public Utility Commission] district justice or court of
        common pleas has the power to and shall order:
                    [(A)] (i)  the person who committed such
                violation to take affirmative action to abate the
                violation;
                    [(B)] (ii)  such person to reinstate the
                complainant to the complainant's former position
                together with the compensation, including back pay,
                terms, conditions and privileges of the complainant's
                employment; and
                    [(C)] (iii)  compensatory damages.
            [(3)] (4)  If an order is issued under paragraph [(2),
        the Pennsylvania Public Utility Commission] (3), the district
        justice or court of common pleas issuing the order, at the
        request of the complainant, may assess against the person
        against whom the order is issued a sum equal to the aggregate
        amount of all costs and expenses, including attorney fees,
        reasonably incurred[, as determined by the Pennsylvania
        Public Utility Commission,] by the complainant for, or in
        connection with, the bringing of the complaint upon which the
        order was issued.
        (d)  Review of order.--
            [(1)]  Any person adversely affected or aggrieved by an
        order issued after a hearing under subsection (c) may obtain
        review of the order [in the Commonwealth Court. The petition
        for review must be filed within 60 days from the issuance of
        the Pennsylvania Public Utility Commission's order. Such
        review shall be] in accordance with the provisions of 42
        Pa.C.S. (relating to judiciary and judicial procedure). [and
        shall be heard and decided expeditiously.
            (2)  An order of the Pennsylvania Public Utility
        Commission, with respect to which review could have been
        obtained under this section, shall not be subject to judicial
        review in any criminal or other civil proceeding.]
        (e)  Enforcement of order.--Whenever a person has failed to
     comply with an order issued under subsection [(c)(2), the
     Pennsylvania Public Utility Commission shall file a civil
     action] (c)(3), an aggrieved party may file a civil action or
     seek an enforcement order in the court of common pleas for the
     district in which the violation was found to occur in order to
     enforce such order. In actions brought under this subsection,
     the court of common pleas shall have jurisdiction to grant all
     appropriate relief, including injunctive relief, reinstatement
     and compensatory damages.
      § 1786.   Required financial responsibility.
        * * *
        (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
     [has] was not [been] 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 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.
        * * *
        Section 2.  Section 3113 of Title 75 is amended to read:
      § 3113.  Pedestrian-control signals.
        (a)  General rule.--Whenever special pedestrian-control
     signals exhibiting [the words "Walk" or "Don't Walk"] words or
     symbols are in place, the signals shall indicate as follows:
            (1)  Word "Walk" or walking person symbol.--Pedestrians
        facing the signal should proceed across the roadway in the
        direction of the signal and shall be given the right-of-way
        by the drivers of all vehicles.
            (2)  Phrase "Don't Walk" or upraised hand symbol.--
        Pedestrians should not start to cross the roadway in the
        direction of the signal, but any pedestrian who has partially
        completed his crossing on the "Walk" signal should proceed to
        a sidewalk or safety zone while the "Don't Walk" signal is
        showing.
            (3)  Flashing "Walk".--[Whenever the "Walk" indication is
        flashing, pedestrians] Pedestrians facing the signal are
        cautioned that there is possible hazard from turning
        vehicles, but pedestrians may proceed across the roadway in
        the direction of the signal [indication] and shall be given
        the right-of-way by the drivers of all vehicles.
            (4)  Flashing "Don't Walk" Signal.--[Whenever the "Don't
        Walk" indication is flashing, pedestrians] Pedestrians should
        not start to cross the roadway in the direction of the
        [indication] signal, but any pedestrian who has partly
        completed crossing during the "Walk" [indication] signal
        should proceed to a sidewalk or safety zone, and all drivers
        of vehicles shall yield to the pedestrian.
        (b)  Local regulation.--This section does not prohibit a
     municipality from establishing a summary offense for violation
     of subsection (a)(2) or (4).
        Section 3.  The amendments affecting 75 Pa.C.S. § 1786(d)
     shall be retroactive to July 1, 1990.
        Section 4.  This act shall take effect immediately.

     APPROVED--The 7th day of December, A. D. 1990.

     ROBERT P. CASEY