Pennsylvania Act 2014-109 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

Session of 2014

No. 2014-109

SB 1187

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in registration of vehicles, further providing for period of registration, for person with disability plate and placard, for antique, classic and collectible plates, for veteran plates and placard, for special plates for recipients of Purple Heart, for special plates for Pearl Harbor survivors, for special plates for veterans of Korean War, for special plates for recipients of Korean Defense Service Medal, for special plates for veterans of Persian Gulf War, for wild resource conservation plate, for Appalachian Trail organization registration plates and for preserve our heritage registration plate, providing for Pennsylvania Monuments registration plate and for United States Olympic plate, further providing for zoological plate, providing for Pennsylvania Hunting Heritage registration plates, further providing for special plates for recipients of Expeditionary Forces Medal, for special plates for World War II veterans, for special plates for individuals in the service of the United States Merchant Marine, for special plates for steelworkers, for special plates for veterans of Vietnam Conflict, for Operation Iraqi Freedom veterans plate, for Operation Enduring Freedom veterans plate, for special plates for veterans, for Gold Star Family plate, for special plates for United States military airborne units, and providing for special plates for recipients of Combat Action Badge, Combat Infantryman Badge, Combat Action Ribbon, Combat Action Medal or Combat Medical Badge and for Special "In God We Trust" plates; and, in fees, further providing for personal registration plates.

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

Section 1. Sections 1307(a.1), 1338(a), 1340(a.1)(2), 1342(a), (c) and (d), 1346, 1348, 1350, 1350.1, 1351 and 1352 of Title 75 of the Pennsylvania Consolidated Statutes are amended to read:

§ 1307. Period of registration.

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(a.1) Seasonal registration.--Upon application on a form prescribed by the department, the owner or lessee of a passenger car, recreational motor vehicle, motorcycle, truck or farm vehicle which does not have a gross vehicle weight rating of more than [10,000] 14,000 pounds may register the vehicle with the department for a period of successive months of less than one year. The applicant shall specify the period of months during which the vehicle shall be registered. Except when the department initially converts a currently valid annual registration to a seasonal registration, the annual fee prescribed for the vehicle by Chapter 19 (relating to fees) shall be paid in full by the applicant regardless of the number of months chosen for registration by the applicant. Upon receipt of the appropriate fee and the properly completed form, including all information required by this chapter, the department shall issue a seasonal registration that shall expire on the last day of the expiration month chosen by the registrant. No insurer of a vehicle belonging to any owner or lessee who obtains a seasonal registration and who applies for or receives a reduced automobile insurance premium on account thereof shall be required to provide any contractual coverage, whether in the form of the provision of a defense or the payment of first-party or third-party benefits or otherwise, to the owner or lessee in connection with any event occurring during that part of the year in which the vehicle is not registered; and such owner or lessee shall be treated for all purposes, including, without limitation, ascertaining rights to stack coverages and to uninsured and underinsured motorist coverage, as a person who does not own that vehicle and has no duty to carry financial responsibility on it for that part of the year.

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§ 1338. Person with disability plate and placard.

(a) Person with disability plate.--On the application of any person who:

(1) is blind;

(2) does not have full use of an arm or both arms;

(3) cannot walk 200 feet without stopping to rest;

(4) cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair or other assistive device;

(5) is restricted by lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than 60 mm/hg on room air at rest;

(6) uses portable oxygen;

(7) has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to the standards set by the American Heart Association;

(8) is severely limited in his or her ability to walk due to an arthritic, neurological or orthopedic condition; or

(9) is a person in loco parentis of a person specified in paragraph (1), (2), (3), (4), (5), (6), (7) or (8);

the department shall issue a special registration plate for one passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds, designating the vehicle so licensed as being used by a person with a disability. Special plates for persons with disabilities may also be issued for vehicles operated exclusively for the use and benefit of persons with disabilities. In the case of a motorcycle, the department shall issue a decal containing the international symbol for access for persons with disabilities for display on the registration plate.

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§ 1340. Antique, classic and collectible plates.

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(a.1) Vintage registration plates.--In lieu of a special plate issued under subsection (a), the owner of an antique or classic motor vehicle may request permission from the department to display a vintage registration plate from the model year of the motor vehicle. The vintage registration plate shall be:

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(2) A Pennsylvania registration plate issued between the years 1906 and [1975] 1976 .

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§ 1342. Veteran plates and placard.

(a) Severely disabled veteran plate.--On the application of a veteran whose service-connected disability is certified at 100% by the service unit of the armed forces in which the veteran served or by the United States Veterans' Administration or who has a service-connected disability of the type enumerated in section 1338 (relating to person with disability plate and placard), the department shall issue a special registration plate designating the vehicle as belonging to a severely disabled veteran. The registration plate shall have a white background, shall have blue numbers or letters as the department may determine, shall have the words "disabled veteran" in at least ten-point bold type inscribed in red at the bottom of the plate and shall include the international symbol for access for persons with disabilities. [Only one] A special registration plate [shall be] issued to a veteran under this section[. It] may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds. In the case of a motorcycle, the department shall issue a decal containing the international symbol for access for persons with disabilities and the words "disabled veteran" for display on the registration plate.

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(c) Disabled veteran plates.--On the application of any veteran having a disability certified by the service unit of the armed forces in which the veteran served or by the United States Veterans' Administration as service-connected, the department shall issue a special registration plate designating the vehicle as belonging to a disabled veteran. The registration plate shall have a white background, shall have numbers or letters as the department may determine and shall have the words "disabled veteran" in at least ten-point bold type inscribed at the bottom of the plate. [Only one] A special registration plate [shall be] issued to a veteran under this section[. It] may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds.

(d) Prisoner of war plate.--On the application of an ex-prisoner of war whose imprisonment while in the service of the armed forces of the United States is certified by the appropriate branch of the armed forces, the department shall issue a special registration plate designating the vehicle as belonging to an ex-prisoner of war. The registration plate shall contain the letters "POW" and such other numbers or letters as the department may determine and shall have the words "prisoner of war" in at least ten-point bold type inscribed at the bottom of the plate. [Only one] A special registration plate [shall be] issued to an ex-prisoner of war under this subsection[. The special registration plate] may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds.

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§ 1346. Special plates for recipients of Purple Heart.

Upon application of any person who is a recipient of the Purple Heart, the department shall issue to such person a special registration plate designating the vehicle so licensed as belonging to a person who is a recipient of the Purple Heart. A severely disabled veteran, as described in section 1342(a) (relating to veteran plates and placard), who is qualified to receive a plate under this section may also elect to receive a placard under section 1342(b). The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds.

§ 1348. Special plates for Pearl Harbor survivors.

Upon application of any person who is a survivor of Pearl Harbor, accompanied by a fee of $20 which shall be in addition to the annual registration fee and by such documentation as the department shall require, the department shall issue to such person a special registration plate designating the vehicle so licensed as belonging to a person who is a survivor of Pearl Harbor. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds.

§ 1350. Special plates for veterans of Korean War.

Upon application of any person who is a veteran of the Korean War, accompanied by a fee of $20, which shall be in addition to the annual registration fee, and by such documentation as the department shall require, the department shall issue to the person a special registration plate designating the vehicle so licensed as belonging to a person who is a veteran of the Korean War. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds.

§ 1350.1. Special plates for recipients of Korean Defense Service Medal.

Upon application of any person who is a recipient of the Korean Defense Service Medal, accompanied by a fee of $20 which shall be in addition to the annual registration fee and by such documentation as the department shall require, the department shall issue to the person a special registration plate designating the vehicle so licensed as belonging to a person who is a recipient of the Korean Defense Service Medal. The department shall design and produce the special registration plate. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds.

§ 1351. Special plates for veterans of Persian Gulf War.

Upon application of any person who is a veteran of the Persian Gulf War, accompanied by a fee of $20, which shall be in addition to the annual registration fee, and by such documentation as the department shall require, the department shall issue to the person a special registration plate designating the vehicle so licensed as belonging to a person who is a veteran of the Persian Gulf War. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds.

§ 1352. Wild resource conservation plate.

The department, in consultation with the Wild Resource Conservation Board, shall design a special wild resource conservation registration plate. Upon application of any person, accompanied by a fee of $35 which shall be in addition to the annual registration fee, the department shall issue the plate for a passenger car, motor home, trailer or truck with a registered gross weight of not more than [10,000] 14,000 pounds. The Wild Resource Conservation Fund shall receive $15 of each additional fee for this plate.

Section 2. Section 1352.1(a) of Title 75, added March 19, 2014 (P.L.361, No.23), is amended to read:

§ 1352.1. Appalachian Trail organization registration plates.

(a) General rule.--The department, in consultation with the Appalachian Trail Conservancy, shall design a special Appalachian Trail organization registration plate. The plate, at a minimum, shall contain the image of a hiker and the Appalachian Trail Conservancy logo and distinctive coloring. The Appalachian Trail Conservancy may charge a fee for the authorization to request the registration plate. Upon request by the applicant, the department shall issue the plate for a passenger car or truck with a registered gross weight of not more than 14,000 pounds or a motor home. The fee provided under section [1931] 1931(b) (relating to personal and organization registration plates) shall apply.

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Section 3. Section 1353 of Title 75, amended November 25, 2013 (P.L.974, No.89), is amended to read:

§ 1353. Preserve our heritage registration plate.

The department, in consultation with the Pennsylvania Historical and Museum Commission, shall design a special preserve our heritage registration plate. Upon receipt of an application, accompanied by a fee of $54 which shall be in addition to the annual registration fee, the department shall issue the plate for a passenger car, motor home, trailer or truck with a registered gross weight of not more than [10,000] 14,000 pounds. The Historical Preservation Fund shall receive $23 of each additional fee for this plate.

Section 4. Title 75 is amended by adding sections to read:

§ 1353.1. Pennsylvania monuments registration plate.

(a) Design.--The department shall design a Pennsylvania Monuments registration plate which shall have a replica of the Pennsylvania Memorial Monument at the Gettysburg National Military Park and shall display the words "Gettysburg 1863."

(b) Application.--Upon application of any person, accompanied by a fee of $54 which shall be in addition to the annual registration fee, the department shall issue the registration plate under subsection (a) for a passenger car, motor home, trailer or truck with a registered gross weight of not more than 14,000 pounds.

(c) Proceeds.--The Veterans' Trust Fund shall receive $23 of the fee paid by the applicant for the registration plate under subsection (a).

(d) Use of proceeds.--Proceeds under subsection (c) shall be used exclusively to provide grants to nonprofit organizations for the cleaning, repair and restoration of Pennsylvania monuments by the Gettysburg National Military Park. A grant under this subsection may not be used to pay for the cost of cleaning, repair or restoration of the grounds surrounding a Pennsylvania monument.

§ 1354.1. United States Olympic plate.

(a) General rule.--The department, in consultation with the United States Olympic Committee or its designees, shall design a special United States Olympic registration plate, which shall display the official United States Olympic Committee logo and wording, which indicates support for the advancement of excellence in amateur athletic competition in this Commonwealth. The United States Olympic Committee may charge a fee for the authorization to request the registration plate. Upon request by the applicant, the department shall issue the plate for a passenger car or truck with a registered gross weight of not more than 14,000 pounds or a motor home. The fee provided under section 1931(b) (relating to personal and organization registration plates) shall apply.

(b) Proceeds.--It is the intent of the General Assembly that proceeds received by the United States Olympic Committee under this section are to be used exclusively to provide funding to one or more nonprofit organizations, as defined under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), in this Commonwealth that focus on the advancement of excellence in amateur athletics.

Section 5. Section 1355 of Title 75, amended November 25, 2013 (P.L.974, No.89), is amended to read:

§ 1355. Zoological plate.

The department, in consultation with the Pennsylvania Zoological Council, shall design a special zoological registration plate. Upon application of any person, accompanied by a fee of $54 which shall be in addition to the annual registration fee, the department shall issue the plate for a passenger car, motor home, trailer or truck with a registered gross weight of not more than [10,000] 14,000 pounds. The Zoological Enhancement Fund shall receive $23 of the fee paid by the applicant for the plate.

Section 6. Title 75 is amended by adding a section to read:

§ 1355.1. Pennsylvania Hunting Heritage registration plates.

(a) General rule.--The department, in consultation with the Pennsylvania Game Commission, shall design a special Pennsylvania Hunting Heritage registration plate. The Pennsylvania Game Commission shall charge a fee for the authorization to request the registration plate. Upon request by the applicant, the department shall issue the plate for a passenger car or truck with a registered gross weight of not more than 14,000 pounds or a motor home. The fee provided under section 1931(b) (relating to personal and organization registration plates) shall apply.

(b) Proceeds.--Proceeds received by the Pennsylvania Game Commission under this section are to be used as follows:

(1) Thirty-three percent shall be allocated to nonprofit organizations that coordinate the processing and distribution of donated wild game from hunters and municipal herd reduction sources to Pennsylvania residents through a distribution network of food banks in this Commonwealth.

(2) Sixty-seven percent shall be allocated as grants to nonprofit sportsmen's clubs and organizations to conduct activities that promote sport hunting, youth hunter education or the conservation and enhancement of game species in this Commonwealth for current and future generations of hunters.

(c) Limitation.--A nonprofit organization may not use funding under this section for salaries or administrative expenses.

(d) Expenditures.--Estimates of amounts to be expended under this subsection shall be submitted to the Governor by the Pennsylvania Game Commission for approval by the Governor.

Section 7. Sections 1356, 1357, 1357.1, 1359(a), 1360, 1362, 1363, 1364, 1365(a) and 1366.1(a) of Title 75 are amended to read:

§ 1356. Special plates for recipients of Expeditionary Forces Medal.

Upon application of any person who is a recipient of the Expeditionary Forces Medal, accompanied by a fee of $20 which shall be in addition to the annual registration fee and by such documentation as the department shall require, the department shall issue to such person a special registration plate designating the vehicle so registered as belonging to a person who is a recipient of the Expeditionary Forces Medal. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds.

§ 1357. Special plates for World War II veterans.

Upon application of any person who is a veteran of World War II, accompanied by a fee of $20 which shall be in addition to the annual registration fee and by such documentation as the department shall require, the department shall issue to such person a special registration plate carrying the symbol of a ruptured duck designating the vehicle so registered as belonging to a person who is a veteran of World War II. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds.

§ 1357.1. Special plates for individuals in the service of the United States Merchant Marine.

Upon application of any person who was in the service of the United States Merchant Marine during World War II, the Korean War, the Vietnam Conflict or any of the Gulf Wars, including Operation Desert Storm, Operation Iraqi Freedom and Operation Desert Shield, accompanied by a fee of $20 which shall be in addition to the annual registration fee and by such documentation as the department shall require, the department shall issue to the person a special registration plate designating the vehicle so licensed as belonging to a person who was in the service of the United States Merchant Marine during World War II , the Korean War, the Vietnam Conflict or any of the Gulf Wars, including Operation Desert Storm, Operation Iraqi Freedom and Operation Desert Shield . The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than 14,000 pounds.

§ 1359. Special plates for steelworkers.

(a) General rule.--Upon application of any person who is a steelworker, accompanied by a fee of $20 which shall be in addition to the annual registration fee and by such documentation as the department shall require, the department shall issue to such person a special registration plate designating the vehicle so licensed as belonging to a person who is a steelworker. The special registration plate may be used only on a passenger car or a truck with a registered gross weight of not more than [10,000] 14,000 pounds. The plate shall bear the likeness of the official emblem of the American Iron and Steel Institute.

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§ 1360. Special plates for veterans of Vietnam Conflict.

Upon application of any person who is a veteran of the Vietnam Conflict as that term is defined for the awarding of the Vietnam Service Medal, accompanied by a fee of $20 in addition to the annual registration fee and by such documentation as the department shall require, the department shall issue to the person a special registration plate designating the vehicle so licensed as belonging to a person who is a veteran of the Vietnam Conflict. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds.

§ 1362. Operation Iraqi Freedom veterans plate.

Upon application of any person who is a veteran of the liberation or occupation of Iraq, accompanied by a fee of $20 which shall be in addition to the annual registration fee and by documentation as the department shall require, the department shall issue to the person a special registration plate designating the vehicle so licensed as belonging to a person who is a veteran of Operation Iraqi Freedom. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds.

§ 1363. Operation Enduring Freedom veterans plate.

Upon application of any person who is a veteran of the liberation or occupation of Afghanistan, accompanied by a fee of $20 which shall be in addition to the annual registration fee and by documentation as the department shall require, the department shall issue to the person a special registration plate designating the vehicle so licensed as belonging to a person who is a veteran of Operation Enduring Freedom. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds.

§ 1364. Special plates for veterans.

(a) Honorably discharged veterans.--Upon application of any person who is an honorably discharged veteran of the armed forces of the United States or a reserve component of the armed forces as defined in 51 Pa.C.S. § 7301 (relating to definitions), accompanied by a fee of $20 which shall be in addition to the annual registration fee and by such documentation as the department shall require, the department shall issue to the person a special registration plate designating the vehicle as belonging to a person who is a veteran of the armed forces of the United States. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds.

(b) Honoring our veterans.--Upon application of any person, accompanied by a fee of $35, which shall be in addition to the annual registration fee and by such documentation as the department shall require, the department shall issue to the person a special registration plate designating the vehicle as belonging to a person who is honoring veterans of the armed forces of the United States. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds. The Veterans' Trust Fund shall receive $15 of the fee paid by the applicant for the plate.

§ 1365. Gold Star Family plate.

(a) General rule.--Upon application of a family member of a person who was killed while serving on active duty in the military, accompanied by a fee of $20 which shall be in addition to the annual registration fee and by such documentation as the department shall require, the department shall issue to the family member a special registration plate designating the vehicle so licensed as belonging to a family member of a person who was killed while serving on active duty in the military. The department shall design and produce the special registration plate carrying the Service Flag Gold Star rimmed with blue which represents sacrifice to the cause of liberty and freedom. The words "Gold Star Family" shall be clearly displayed along the bottom of the plate. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds.

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§ 1366.1. Special plates for United States military airborne units.

(a) General rule.--Upon application of any person who is a veteran of or a member of a United States military airborne unit, accompanied by a fee of $20 which shall be in addition to the annual registration fee and by such documentation as the department shall require, the department shall issue to the person a special registration plate designating the vehicle so licensed as belonging to a person who is a veteran of or a member of a United States military airborne unit. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than [10,000] 14,000 pounds. The department shall design and produce the special registration plate to display a set of jump wings and glider wings.

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Section 8. Title 75 is amended by adding sections to read:

§ 1369.1. Special plates for recipients of Combat Action Badge, Combat Infantryman Badge, Combat Action Ribbon, Combat Action Medal or Combat Medical Badge.

Upon application of any person who is a recipient of the Combat Action Badge, Combat Infantryman Badge, Combat Action Ribbon, Combat Action Medal or Combat Medical Badge accompanied by a fee of $20, which shall be in addition to the annual registration fee, and by such documentation as the department shall require, the department shall issue to the person a special registration plate designating the vehicle so licensed as belonging to a person who is a recipient of the Combat Action Badge, Combat Infantryman Badge, Combat Action Ribbon, Combat Action Medal or Combat Medical Badge. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than 14,000 pounds.

§ 1369.2. Special "In God We Trust" plates.

Upon application of any person, accompanied by a fee of $20 which shall be in addition to the annual registration fee, the department shall issue to the person a special "In God We Trust" registration plate. The special registration plate may be used only on a passenger car or truck with a registered gross weight of not more than 14,000 pounds.

Section 9. Section 1931 of Title 75, amended November 25, 2013 (P.L.974, No.89), is amended to read:

§ 1931. Personal and organization registration plates.

(a) Personal registration plates.-- The fee for issuance of a personal registration plate shall be $76 which shall be in addition to the annual registration fee. Only one payment of the issuance fee shall be charged for each personal registration plate issued or replaced.

(b) Organization registration plates.--The fee for issuance of an organization registration plate shall be $25 which shall be in addition to the annual registration fee. Only one payment of the issuance fee shall be charged for each organization registration plate issued or replaced.

Section 10. This act shall take effect as follows:

(1) This section shall take effect immediately.

(2) The amendment of 75 Pa.C.S. § 1352.1(a) shall take effect immediately.

(3) The amendment or addition of the following provisions shall take effect in 120 days:

(i) 75 Pa.C.S. § 1353.1.

(ii) 75 Pa.C.S. § 1354.1.

(iii) 75 Pa.C.S. § 1355.1.

(iv) 75 Pa.C.S. § 1357.1.

(v) 75 Pa.C.S. § 1369.1.

(vi) 75 Pa.C.S. § 1369.2.

(4) The remainder of this act shall take effect in 60 days.

APPROVED--The 2nd day of July, A.D. 2014.

TOM CORBETT