APPENDIX TO TITLE 75

VEHICLES

Supplementary Provisions of Amendatory Statutes

1976, JUNE 17, P.L.162, NO.81

§ 2. Transition provisions.

(a) Suspensions.--All suspensions ordered by the Secretary of Transportation under former section 618(b)(2) of the act of April 29, 1959 (P.L.58, No.32), known as "The Vehicle Code," are rescinded as of the effective date of the point system as set forth in section 8 of this act and the secretary shall not order any further suspensions under former section 618(b)(2) for violations committed prior to such effective date.

(b) Points.--All points assigned to the records of licensed persons under former section 619.1 of "The Vehicle Code" shall be deleted from the records of the licensees and thereafter may not be used as a basis for suspension of operating privileges and no points shall be added to the records of any licensees on account of any violations committed prior to the effective date of the point system as set forth in section 8 of this act.

(c) Return of suspended licenses.--The department shall return the licenses of all drivers who are serving suspensions under former sections 618(b)(2) or 619.1 of "The Vehicle Code." Such drivers shall not drive until they have received their licenses.

(d) Purge of records.--

(1) All suspensions and convictions under former sections 618(b)(2) and 619.1 of "The Vehicle Code" which occurred prior to July 1, 1973, shall be purged from the records of licensees on June 30, 1976.

(2) All other suspensions and convictions under former sections 618(b)(2) and 619.1 of "The Vehicle Code" shall be purged from the records of licensees on June 30, 1979.

(3) No suspensions and convictions under former sections 618(b)(2) and 619.1 of "The Vehicle Code" shall constitute prior suspensions for the purpose of determining the length of suspensions under 75 Pa.C.S. § 1539 (relating to suspension of operating privilege on accumulation of points).

(e) Implementing regulations.--Immediately upon the final enactment of this act, the Department of Transportation shall promulgate regulations to implement the provisions of 75 Pa.C.S. §§ 1535 (relating to schedule of convictions and points) through 1539 (relating to suspension of operating privilege on accumulation of points) by assigning points as prescribed in 75 Pa.C.S. § 1535(a) for similar violations occurring prior to the effective date of this act under the act of April 29, 1959 (P.L.58, No.32), known as "The Vehicle Code." The regulations may be promulgated without compliance with statutory requirements relating to notice of proposed rule making and public hearings, may be made effective immediately upon publication in the Pennsylvania Bulletin and may be made retroactive to the date of final enactment of this act.

(f) Staggered registration renewal system.--The system of staggered registration renewal provided for in 75 Pa.C.S. § 1307 (relating to period of registration) as added by this act shall be implemented no later than July 1, 1978, in coordination with the expiration of registration periods for various types of vehicles under existing law.

(g) Colored photo on driver's license.--The requirement for a color photograph on a driver's license provided for in 75 Pa.C.S. § 1510 (relating to issuance and content of driver's license) as added by this act shall be implemented no later than July 1, 1978.

(h) Exemption of existing drivers from examination.--At the time of the first renewal following the effective date of this act, a driver holding a valid driver's license issued by the department may have the renewed driver's license endorsed with one or more classes of vehicles based on experience in driving the classes of vehicles without undergoing an examination.

§ 3. Fines and penalties under Vehicle Code of 1959 (Expired).

1977 Expiration. Section 3 expired July 1, 1977. See Act 81 of 1976.

§ 4. Saving provision.

The provisions of Title 75 of the Pennsylvania Consolidated Statutes as added by this act shall not affect any act done, liability incurred, or right accrued or vested, or affect any suit or prosecution pending or to be instituted to enforce any right or penalty, or punish any offense, under the authority of any statute repealed by this act.

§ 5. Severability.

If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

§ 6. Applicability of Statutory Construction Act.

The provisions of 1 Pa.C.S. §§ 1952 (relating to effect of separate amendments on code provisions enacted by same General Assembly) and 1974 (relating to effect of separate repeals on code provisions by same General Assembly) shall not be applicable to any provisions of Title 75 of the Pennsylvania Consolidated Statutes as added by this act or any act repealed by this act.

§ 8. Effective date.

(a) General rule.--Except as otherwise provided in this section, this act shall take effect July 1, 1977.

(b) Point system.--Sections 1535 (relating to schedule of convictions and points) through 1539 (relating to suspension of operating privilege on accumulation of points) and sections 1541 (relating to period of revocation or suspension of operating privilege) through 1545 (relating to restoration of operating privilege) of Title 75 as added by this act shall take effect immediately.

(c) Removal of vehicles.--Section 3352 of Title 75 (relating to removal of vehicle by or at direction of police) as added by this act shall take effect immediately.

(d) Tire studs.--Section 4525(c) of Title 75 (relating to tire studs) as added by this act shall take effect May 1, 1978.

(e) Sale, publication and disclosure of records.--Section 6114 of Title 75 (relating to limitation on sale, publication and disclosure of records) as added by this act shall take effect immediately.

(f) Fines and penalties under Vehicle Code of 1959.--Section 3 of this act shall take effect July 1, 1976, or immediately, whichever is later.

(g) Miscellaneous provisions.--

(1) Sections 1504(d)(6) (relating to number and description of classes) insofar as a Class 6 license is required for the operation of motorized pedalcycles, 3525(b) (relating to protective equipment for motorcycle riders) insofar as pedalcycle operators are required to wear eye protection devices and 4571(b)(2) (relating to police and fire vehicles), Chapters 13 (relating to registration of vehicles), 41 (relating to equipment standards), 43 (relating to lighting equipment) and 45 (relating to other required equipment) insofar as said chapters relate to special mobile equipment and any trailer to be used exclusively for construction operation and any incidentally operated on the highway as determined by the department, shall take effect on January 1, 1980.

(2) Section 1307(a) (relating to staggered renewal system to be established) and section 1510 (relating to issuance and content of driver's license) insofar as a color photograph is required on a driver's license, shall take effect January 1, 1980.

(3) The enforcement of Chapter 47 (relating to inspection of vehicles) insofar as the inspection of motorized pedalcycles and trailers with a gross weight of 3,000 pounds or less is required is suspended until such time as the General Assembly by law revises said provisions and repeals the suspension herein imposed.

(Apr. 6, 1979, P.L.2, No.2, eff. imd.; July 5, 1979, P.L.83, No.33, eff. imd.)

1979 Amendments. Act 2 added subsec. (g), retroactive to July 1, 1977, and Act 33 amended subsec. (g)(1), retroactive to July 1, 1977.

1982, MAY 26, P.L.435, NO.129

§ 10. Implementation of annual inspection program.

(a) Time limit for initial inspection.--All vehicles subject to annual inspection pursuant to section 4702 (relating to requirement for periodic inspection of vehicles) shall be inspected at least once in the 12 months immediately following the first day of the month following enactment.

(b) Varied inspection interval.--During the initial phase-in of the annual inspection program all vehicles shall be subject to a varied inspection interval not to exceed 15 months.

Explanatory Note. Act 129 amended or added sections 1306, 1307, 1309, 1373, 1958, 4702, 4702.1, 4703, 4726, 4727 and 4729 of Title 75.

§ 11. Promulgation of regulations on inspections.

(a) General rule.--The Department of Transportation shall promulgate regulations which will initiate the implementation of this act no later than one year after enactment.

(b) Status of existing regulations.--The regulations of the department currently in effect relating to inspections shall continue to be effective until such time as new regulations are adopted to supersede such regulations.

§ 12. Automobile emission program.

Nothing in this amendatory act shall be construed as requiring an automobile emission program.

1983, MAY 4, P.L.4, NO.3

§ 2. When vehicle emission inspection program not required.

Whenever any geographical area where periodic inspection of emissions or emission systems of motor vehicles is required under 75 Pa.C.S. § 4706 (relating to prohibition on expenditures for emission inspection program) comes into compliance with the State implementation plan under the Federal Clean Air Act, the implementation of a vehicle emission inspection program shall not be required in that geographical area, nor shall any vehicle emission inspection program as authorized under section 4706 be established or administered in any county of the fifth, sixth, seventh or eighth class or any other area for which such program is not required under the State implementation plan or revisions thereto approved by the Environmental Protection Agency under the Federal Clean Air Act.

Explanatory Note. Act 3 added sections 4706 and 4707 of Title 75.

§ 3. Creation and maintenance of monitoring program.

The Secretary of Transportation and the Secretary of Environmental Resources shall create and maintain a program for the purpose of monitoring and assessing, on behalf of the citizens of the Commonwealth, the implementation of the vehicle emission program as called for by 42 U.S.C. § 1857 et seq. and any amendments thereto and any regulations, guidelines and court orders promulgated under the authority of this Federal act, for the purpose of determining the adequacy, effectiveness and relative accuracy of existing or proposed technologies and methodologies intended to measure or analyze air quality for the purpose of determining levels of attainment or nonattainment with the Federal law, and when appropriate, shall seek relief in part or in whole from the requirement to continue to implement vehicle emissions inspection. The Secretary of Transportation and the Secretary of Environmental Resources will report to the General Assembly on this matter at least once a year by December 15 of each year.

§ 4. Performance bond exemption for small highway construction contracts.

No bond shall be required pursuant to the act of December 20, 1967 (P.L.869, No.385), known as the Public Works Contractors' Bond Law of 1967, or any other law for contracts in an amount of $25,000 or less between a prime contractor and the Department of Transportation for construction, reconstruction, alteration, repair or maintenance of highways.

§ 5. Severability.

If any provision of this amendatory act or the application thereof to any person or circumstances is held invalid by a court of competent jurisdiction or disapproved by a court of the United States, such invalidity or disapproval shall not affect other provisions or applications of the act which can be given effect without the invalid or disapproved provision or application, and to this end the provisions of this act are declared to be severable.

§ 6. Repeals.

* * *

(b) Rescission of existing regulations.--Any regulations issued by the department heretofore relating to motor vehicle emission inspections which are inconsistent with the provisions of this act or any order of a court of the United States are hereby rescinded to the extent of the inconsistency.

§ 7. Effective date.

This act shall take effect immediately except that the provisions of 75 Pa.C.S. § 4706(c) (relating to certificate of emission inspection) shall take effect upon the certification of the Secretary of Transportation that the provisions of section 4706(c) have been approved or have not been disapproved by the Environmental Protection Agency of the United States or the courts of the United States, and except that the provisions of 75 Pa.C.S. § 4706(d) (relating to charge for inspection) shall take effect upon the certification of the Secretary of Transportation that the provisions of section 4706(d) have been approved or have not been disapproved by the courts of the United States.

1983, JULY 7, P.L.32, NO.19

§ 7. Expiration of amendments authorizing two trailers and long combinations.

The provisions of sections 1, 3, 4, 5 and 6 insofar as it relates to section 4923 of this amendatory act shall be effective only as long as Federal law or the Federal Highway Administration shall require this Commonwealth to allow combinations consisting of a truck tractor and two trailers and combinations in excess of 60 feet in length to be driven on its highways. Notice of a change in the Federal mandate shall be published in the Pennsylvania Bulletin by the Secretary of Transportation and the provisions of this act shall be void 30 days thereafter.

Explanatory Note. Sections 1, 3, 4, 5 and 6, insofar as section 6 relates to section 4923, of Act 19 added or amended sections 102, 4904, 4908, 4921 and 4923 of Title 75.

§ 8. Performance bond exemption for small highway construction contracts.

No bond shall be required pursuant to the act of December 20, 1967 (P.L.869, No.385), known as the Public Works Contractors' Bond Law of 1967, or any other law for contracts in an amount of $25,000 or less between a prime contractor and the Department of Transportation for construction, reconstruction, alteration, repair or maintenance of highways.

1983, NOVEMBER 1, P.L.195, NO.53

Preamble

Recognizing that child passenger restraint systems decrease injuries due to motor vehicle accidents, it is the intent of the General Assembly that use of child passenger restraint systems by Commonwealth motorists be encouraged.

Explanatory Note. Act 53 added Subchapter E of Chapter 45 of Title 75.

1984, FEBRUARY 12, P.L.26, NO.11

§ 6. References to Pennsylvania No-Fault Motor Vehicle Insurance Act.

A reference in a statute to the act of July 19, 1974 (P.L.489, No.176), known as the Pennsylvania No-fault Motor Vehicle Insurance Act, shall be deemed a reference to 75 Pa.C.S. Ch. 17 (relating to financial responsibility).

Explanatory Note. Act 11 amended sections 102, 1117(a), 1305(a), 1306, 1309 and 1373, repealed and added Chapter 17 and amended sections 3744(a), 3745 and 6308(a) of Title 75.

§ 7. Severability.

(a) General rule.--Except as provided in subsection (b), the provisions of this act are severable. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application.

(b) Nonseverability.--The provisions of 75 Pa.C.S. Ch. 17, Subch. F (relating to Catastrophic Loss Trust Fund) are nonseverable. If any provision of that subchapter or its application to any person or circumstances is held invalid, the remaining provisions or applications of that subchapter are void.

§ 9. Applicability.

This act applies to insurance policies issued or renewed on or after the effective date of this act.

1984, FEBRUARY 12, P.L.53, NO.12

§ 8. Competitive ratemaking required (Expired).

1985 Expiration. Section 8 expired October 1, 1985. See Act 12 of 1984.

Explanatory Note. Act 12 amended or added sections 102, 1547, 1702, 1711, 1712, 1713, 1715, 1717, 1718, 1719, 1720, 1721, 1722, 1723, 1731, 1752, 1753, 1754, 1755, 1756, 1757, 1761, 1762, 1763, 1764, 1765, 1766, 1774, 1782, 1784, 1785, 1787, 1791, 1792, 1794, 1795, 1796, 1797, 1798, 2105, 3731, 3755 and 9910 of Title 75.

§ 9. Savings provision.

Notwithstanding the repeal of the act of July 19, 1974 (P.L.489, No.176), known as the Pennsylvania No-fault Motor Vehicle Insurance Act, the requirement to fund the payment of assigned claims under section 108 of that act remains unaffected.

§ 11. Applicability.

This act applies to insurance policies issued or renewed on or after the effective date of this act.

1984, JUNE 30, P.L.473, NO.99

§ 5. Status of existing rules and regulations.

All rules and regulations promulgated by the Hazardous Substance Transportation Board heretofore shall remain in full force and effect until amended or repealed by the Secretary of Transportation.

Explanatory Note. Act 99 amended or added sections 102, 3731, 4522 and 6113 and Chapter 83 of Title 75.

1987, JULY 13, P.L.303, NO.56

§ 4. Display of identification markers.

Motor carrier vehicles registered in this Commonwealth are required to display the identification marker as provided by 75 Pa.C.S. § 2102 (relating to identification markers required), but this requirement shall not be enforced until 90 days after the effective date of this act.

Explanatory Note. Act 56 amended sections 1916, 2101, 2102, 2103, 2104, 2105, 3703 and 9502, added Chapter 96 and repealed Chapter 99 of Title 75.

§ 5. Continuation of prior tax.

Except for the additional tax of 6¢ per gallon imposed under 75 Pa.C.S. § 9603 (relating to imposition of tax), the tax imposed under 75 Pa.C.S. Ch. 96 (relating to motor carriers road tax) is a continuation of the tax imposed under the act of June 19, 1964 (P.L.7, No.1), known as the Motor Carriers Road Tax Act.

§ 7. Applicability.

This act shall apply to the tax quarter beginning July 1, 1987, and all quarters thereafter.

§ 8. Retroactivity.

This act shall be retroactive to July 1, 1987, if enacted after that date.

1987, NOVEMBER 23, P.L.399, NO.82

§ 8. Compatibility with Federal safety standards.

It is the policy of this Commonwealth that enactment of the mandatory safety seat belt system usage provision contained in 75 Pa.C.S. § 4581 (relating to restraint systems) is intended to be compatible with support for Federal safety standards requiring automatic crash protection and shall not be used in any manner to rescind Federal automatic crash protection system requirements. The provisions of 75 Pa.C.S. § 4581(a)(2) shall become inoperative immediately upon the date that the Secretary of the United States Department of Transportation, or his or her delegate, determines to rescind the portion of the Federal Motor Vehicle Safety Standard 208 (49 C.F.R. § 571.208), which requires the installation of automatic restraints in new private passenger motor vehicles; provided, however, that section 4581(a)(2) shall not become inoperative if the secretary's decision to rescind Standard 208 is not based in any respect on the enactment or continued operation of section 4581(a)(2).

Explanatory Note. Act 82 amended or added sections 102, 1344, 1543, 1548, 1549, 4303, 4581, 4586 and 4924 of Title 75.

§ 9. Seat belt educational program.

The department shall initiate an educational program to begin immediately, to alert the public to the provisions of this act and the requirements and penalties specified in this act. The program shall also encourage the use of safety seat belt systems as a means of reducing the risk of harm to their users as well as to others. The department shall submit to the General Assembly a report on the effects of 75 Pa.C.S. § 4581(a)(2) (relating to restraint systems) by August 31, 1989.

§ 10. Seat belt oral hazard warnings.

For a period of 120 days after enactment, oral hazard warnings shall be given by the Pennsylvania State Police or local enforcement officers to motor vehicle drivers and front seat passengers who are not wearing safety seat belts as required by 75 Pa.C.S. § 4581 (relating to restraint systems), but no citation shall be issued for such violation during said 120-day period.

1989, JULY 1, P.L.115, NO.24

§ 5. Transfer of Catastrophic Loss Trust Fund moneys.

All funds in the Catastrophic Loss Trust Fund repealed by the act of December 12, 1988 (P.L.1120, No.144), entitled "An act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, abolishing the Catastrophic Loss Trust Fund," are hereby transferred to the Catastrophic Loss Benefits Continuation Fund created by this act.

Explanatory Note. Act 24 amended or added sections 1798.2, 1798.4, 1945, 4962 and 6506 of Title 75.

§ 6. Certification by Insurance Commissioner.

When the amount of money in the Catastrophic Loss Benefits Continuation Fund is sufficient to cover the unfunded liability of the Catastrophic Loss Trust Fund existing on December 31, 1991, the Insurance Commissioner shall certify that fact and publish the certification in the Pennsylvania Bulletin.

§ 7. Reports to General Assembly.

The Insurance Commissioner shall submit to the General Assembly, by January 31 of each year, a report on the status of the Catastrophic Loss Benefits Continuation Fund and the unfunded liability of the Catastrophic Loss Trust Fund.

1990, FEBRUARY 7, P.L.11, NO.6

§ 28. Promulgation of regulations.

The Insurance Department and the Department of Transportation shall promulgate regulations to the extent necessary to carry out the provisions of this act.

Explanatory Note. Act 6 amended, added or repealed sections 911 and 4117 of Title 18; sections 8355 and Subchapter G of Chapter 83 of Title 42; and sections 1305, 1306, 1318, 1376 and 1540, 1702, 1705, 1711, 1712, 1715, 1718, 1720, 1722, 1731, 1732, 1733, 1734, 1737, 1738, 1742, 1753, 1781, 1782, 1786, 1791, 1791.1, 1792, 1797, 1799, 1799.1, 1799.2, 1799.3, 1799.4, 1799.5, 1799.6 and 1799.7, Chapter 18, section 1960, Chapter 20 and sections 3731.1, 4703, 4727, 6104 and 6308.1 of Title 75.

§ 29. Insurance policy requirements in cities of first class.

The Joint State Government Commission shall, in relation to motorists in cities of the first class, make a study to assess the feasibility and impact of mandating that, upon application for or renewal of an operator's license, a driver remit moneys for the purchase of a basic automobile insurance policy. This policy would provide minimum levels of mandated coverages for bodily injury and property damage liability and for medical benefits. The assessment shall also include an analysis of the administrative cost and premium cost to the individual.

§ 30. Single carrier vehicle insurance program in cities of first class.

(a) Study.--The Insurance Department shall commence a study of the use of a single carrier for private passenger motor vehicle insurance in cities of the first class. The term "single carrier" includes a private insurance company or a public authority or agency specifically created for the implementation of this section. Upon completion, the study shall be delivered to the Majority and Minority Leaders of the Senate and the House of Representatives. The study shall include, at a minimum, the following components:

(1) An assessment of the number of uninsured vehicles in cities of the first class.

(2) An assessment of the number of insured vehicles in cities of the first class.

(3) An analysis of sources of private passenger motor vehicle insurance, by company, for vehicles in cities of the first class. The analysis shall include a determination of the number of vehicles insured in cities of the first class in both the voluntary market and the Assigned Risk Plan by each insurance carrier licensed to provide private passenger motor vehicle insurance in this Commonwealth.

(4) An analysis of the costs to motorists to insure a vehicle in cities of the first class in the voluntary market and through the Assigned Risk Plan.

(5) An assessment of the impact of "take-out" provisions on the voluntary market place in cities of the first class.

(6) A determination as to the number of lawsuits filed for bodily injury claims; the amount and type of damages requested in such lawsuits; the percentage of claims settled before court and the amount of settlement; the percentage of lawsuits decided by the court and the amount of damages awarded; and the fees charged by lawyers for representing claims.

(7) An assessment of the frequency, type and amount of physical damage claims and first party medical payments.

(8) A determination as to whether the use of a single carrier in cities of the first class would have a positive financial impact on all motorists in such cities and in this Commonwealth. Such determination shall include an analysis of the use of a public authority or agency as the single carrier and of its potential for providing lower rates when compared to use of a private insurance company as a single carrier. In addition, the determination shall include an analysis of the single carrier program when voluntary participation in the program is permitted in comparison to the benefits of mandatory participation.

(9) A legal opinion as to whether the use of a single carrier in cities of the first class is permissible under the Constitution and laws of the Commonwealth.

(b) Cooperation by insurance companies.--Insurance companies licensed in this Commonwealth to write policies of private passenger motor vehicle insurance coverage shall cooperate with the Insurance Department study as described in subsection (a). Cooperation shall include, but not be limited to, the provision of information by insurance companies within reasonable time frames as requested by the department, if the information is available, to be used to address the various components of the study described in subsection (a). Such information may be used by the department only for purposes of this study.

(c) Recommendations and implementation.--If the Insurance Commissioner concludes after the completion of the study that a single carrier in cities of the first class will improve the availability and affordability of private passenger motor vehicle insurance in such cities and in this Commonwealth, the Insurance Department may recommend implementing legislation to the General Assembly. If the General Assembly enacts legislation to implement a Single Carrier Insurance Program, the department shall publish a request for proposals to operate the program. The request for proposal process shall include a procedure for the prequalification of bidders based on financial ability to administer the program. Any contract signed by the department must include the following provisions:

(1) Participation in the program is voluntary by motorists living in cities of the first class unless legislation has been enacted subsequent to this act specifically providing for mandatory participation.

(2) All drivers, except those determined to be ineligible as defined in subsection (d), shall be afforded the opportunity to purchase private passenger motor vehicle insurance coverage through the program.

(3) Preferred provider arrangements or a fee schedule may be developed in the program with service providers for medical benefits; such arrangements shall be accessible to the insureds.

(4) For physical damage repair or replacement, the program may provide for a fee schedule or other method to contain costs, as well as a minimum deductible higher than that provided for in 75 Pa.C.S. Ch. 17 (relating to financial responsibility), but in no case may the minimum deductible be greater than $1,000.

(5) Antifraud mechanisms may be established, including the inspection of physical damage claims, investigation of suspicious claims and case management for selected medical services.

(6) A cancellation clause permitting the single carrier to cancel the contract should enrollment in the program be inadequate.

(7) Rates charged in the program shall be lower than rates available in the voluntary market and shall be included in the contract and shall be valid for a period of not less than two years. Rate increases after this period shall be subject to approval as provided in the act of June 11, 1947 (P.L.538, No.246), known as The Casualty and Surety Rate Regulatory Act.

(d) Definition of "ineligible driver".--For purposes of subsection (c), the term "ineligible driver" shall mean a person who meets at least one of the following criteria:

(1) The person has, within five years of the date of application for insurance, been convicted of a violation of:

(i) 75 Pa.C.S. § 3731 (relating to driving under the influence of alcohol or a controlled substance);

(ii) 18 Pa.C.S. § 4117 (relating to motor vehicle insurance fraud); or

(iii) any felony involving the use of a motor vehicle.

(2) The person has previously been insured under a motor vehicle insurance policy and has made more than one claim under an insurance policy, within 36 months of the date of application for insurance under this section, arising out of an accident where the insured was found to be substantially at fault, that is, more than 50%, and where a payment was made by the insurer that exceeded 50% of the annual premium for the policy of insurance.

(3) The person's operating privilege has been suspended or revoked within the preceding 36-month period.

(4) The person's driving record shows six or more points assessed under 75 Pa.C.S. § 1535 (relating to schedule of convictions and points) for violations that occurred within 36 months of the date of application for insurance under this section.

(e) Protection of insureds.--Insureds covered by the single carrier shall be afforded all protections relating to policy cancellations, nonrenewals and refusals to write, as provided by law.

1990, MARCH 13, P.L.69, NO.14

§ 6. Construction of act.

This act shall be construed in pari materia with the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, the act of July 13, 1988 (P.L.525, No.93), referred to as the Infectious and Chemotherapeutic Waste Law, and the act of October 18, 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup Act. Nothing in this act shall be construed to repeal the provisions of those acts or the regulations promulgated thereunder.

Explanatory Note. Act 14 amended or added sections 102, 4552, 4571, 4903 and 4909 of Title 75.

1990, MAY 30, P.L.173, NO.42

§ 20. Transition to commercial drivers' licenses.

(a) Redesignation of Class 2, 3 or 4 drivers' licenses.--For purposes of 75 Pa.C.S. § 1606(a) (relating to requirement for commercial driver's license), a driver with a valid driver's license endorsed with Class 2, 3 or 4 shall be considered a commercial driver until such time as established by regulation.

(b) Class 2, 3 or 4 learner's permit examinations.--The Department of Transportation shall require applicants with valid Class 2, 3 or 4 learners' permits issued prior to the effective date of this act to take the examinations required by this act.

(c) Class 2, 3 or 4 licenses expiring before April 1, 1992.--The department shall send to a driver holding a valid Class 2, 3 or 4 license issued by the department which expires before April 1, 1992, an application for a commercial driver's license with his license renewal so that he may obtain a commercial driver's license under this act upon successfully meeting the requirements of 75 Pa.C.S. § 1607 (relating to commercial driver's license qualification standards) and payment of the required fees. A driver with a valid Class 3 license issued by the department shall be eligible to make application for a Class A, B or C commercial driver's license. Except as provided elsewhere in this section, a driver with a valid Class 2 or 4 license issued by the department shall be eligible to make application for a Class B or C commercial driver's license. If a driver has not passed the commercial driver's license test by the date established by the department, his Class 2, 3 or 4 license shall be valid only as a Class C noncommercial license as defined in 75 Pa.C.S. § 1504(d)(3) (relating to classes of licenses).

(d) Class 2, 3 or 4 licenses expiring after April 1, 1992.--The department shall send to a driver holding a valid Class 2, 3 or 4 driver's license issued by the department which expires after April 1, 1992, an application for a commercial driver's license which shall indicate that his Class 2, 3 or 4 license shall expire on a date established by the department. A driver with a valid Class 3 license issued by the department shall be eligible to make application for a Class A, B or C commercial driver's license. A driver with a valid Class 2 or 4 license issued by the department shall be eligible to make application for a Class B or C commercial driver's license. Except as provided elsewhere in this section, if a driver has not passed the commercial driver's license test by the date established by the department, his Class 2, 3 or 4 license shall be valid only as a Class C noncommercial license as defined in 75 Pa.C.S. § 1504(d)(3). Upon meeting the requirements of 75 Pa.C.S. § 1607 and payment of the appropriate fees, the driver shall be issued a commercial driver's license.

(e) Failure to pass driving skills test.--A driver with a valid Class 2, 3 or 4 license issued by the department, who fails three times, or does not pass by the date established by the department, the driving skills tests required for a commercial driver's license under 75 Pa.C.S. § 1607, must make an application for a commercial learner's permit in order to obtain a commercial driver's license; and the Class 2, 3 or 4 license shall be valid only as a Class C noncommercial license as defined in 75 Pa.C.S. § 1504(d)(3).

(f) Failure to pass knowledge test.--A driver with a valid Class 2, 3 or 4 license issued by the department who is not required by the department to take, or passes by the date established by the department, the driving skills test required for a commercial driver's license under 75 Pa.C.S. § 1607 and who has taken the knowledge tests under 75 Pa.C.S. § 1607 three times but for the third time fails to pass the knowledge tests by the date established by the department shall be permitted to extend the opportunity to take the commercial driver's license knowledge tests for additional testing periods of 120 days or until March 31, 1992, whichever occurs first, upon payment of a $15 test extension fee for each additional extension. The driver's Class 2, 3 or 4 license shall remain valid for the test-extension period. If the driver fails to request an extension under this subsection or fails to pass the knowledge test by March 31, 1992, the Class 2, 3 or 4 license shall be valid only as a Class C noncommercial license as defined in 75 Pa.C.S. § 1504(d)(3).

(g) Redesignation of Class 1 drivers' licenses.--A driver holding a valid Class 1 driver's license issued by the department which expires after November 1, 1990, shall be considered to be a Class C noncommercial driver until expiration of the license.

(h) Redesignation of Class 5 and 6 drivers' licenses.--A driver holding a valid Class 5 or 6 driver's license issued by the department which expires after November 1, 1990, shall be considered to be a Class M driver until the expiration of the license.

(i) Waiver of school bus driver recertification test.--The department shall waive the school bus driver recertification driving test required by department regulations until December 31, 1992.

(j) Expiration of limitation to one knowledge test.--The limitation to one knowledge test for each class and for each endorsement for driving a commercial motor vehicle, contained in section 8 (section 1607(a)(1)) shall expire on April 1, 1992.

Explanatory Note. Act 42 added, amended or repealed sections 102, 1103, 1340, 1501, 1502, 1504, 1509, 1510, 1511, 1532, 1535, 1540, 1547, 1550, 1553, 1571, 1573 and 1575, Chapter 16 and sections 1917, 1925.1, 2102, 2103, 3714, 3716, 3731, 3731.1, 3736, 6146, 6323 and 6501 of Title 75.

§ 21. Refusal to operate unsafe commercial motor vehicles (Repealed).

1990 Repeal. Section 21 was repealed July 10, 1990, P.L.356, No.83, effective in 60 days.

1992, DECEMBER 16, P.L.1250, NO.166

§ 5. Continuation of existing emission inspection programs.

Until implementation of an enhanced emission inspection program under 75 Pa.C.S. § 4706(b.1), the Department of Transportation may continue to utilize any emission inspection program developed under 75 Pa.C.S. § 4706(b).

Explanatory Note. Act 166 amended or added sections 1306, 4102, 4531, 4702, 4704, 4706, 4709, 4710, 6116 and 6311 and Chapter 72 of Title 75.

§ 6. Enhanced emission inspections (Repealed).

1994 Repeal. Section 6 was repealed February 10, 1994, P.L.10, No.2, effective immediately.

§ 7. "Cash for Clunkers" program (Repealed).

1995 Repeal. Section 7 was repealed December 20, 1995, P.L.669, No.75, effective in 120 days.

§ 8. Decentralized vehicle and driver license transaction services.

(a) Initial responsibilities of department.--The Department of Transportation shall:

(1) Within 18 months of enactment of this act, investigate the methods by which other states provide decentralized vehicle and driver license transaction services.

(2) Within 18 months of enactment of this act, investigate opportunities available to provide decentralized motor vehicle and driver license transaction services through private entities.

(3) Within 18 months of enactment of this act, investigate available technological means by which citizens may routinely obtain motor vehicle and driver license transaction services through self-service terminals, direct or indirect telephone linkage to departmental computers or similar systems.

(4) (Repealed).

(5) (Repealed).

(b) Electronic transactions.--In pursuing the directives of subsection (a), the department is authorized to do the following:

(1) (Repealed).

(2) Conduct transactions by electronic means through real time access if the department determines that electronic transactions will improve service to the public without adversely affecting the security and accuracy of departmental records.

(3) Implement procedures to certify the accuracy of electronic transactions.

(c) Certification.--Notwithstanding any other provision of law, a written or printed report of an electronic transaction permitted under this section if certified as true and correct by the department may serve as evidence of any signature, acknowledgment or information which was provided to the department by electronic means, and such certification shall be admissible in any legal proceeding as evidence of the facts stated within the certification.

(d) Expansion of pilot program.--After submitting the written report to the Transportation Committee of the Senate and the Transportation Committee of the House of Representatives as required under subsection (a)(5), the department shall be authorized to and may take the necessary steps to expand the pilot program required under subsection (a)(4) on a permanent Statewide basis, unless otherwise directed to terminate the program through a concurrent resolution enacted by the General Assembly.

(e) Nonseverability.--If subsection (c) or its application to any person or circumstance is held invalid, the remaining provisions or applications of this section are void.

(Dec. 7, 1994, P.L.820, No.115, eff. imd.; July 11, 1996, P.L.660, No.115, eff. 60 days)

1996 Repeal. Act 115 repealed subsec. (a)(4).

1994 Repeal. Act 115 repealed subsecs. (a)(5) and (b)(1).

§ 9. Effective date.

This act shall take effect as follows:

(1) The amendment or addition of 75 Pa.C.S. §§ 4706(b.1) and (e), 4710 and 6116 and section 8 of this act shall take effect immediately.

(2) The addition of 75 Pa.C.S. Ch. 72 shall take effect July 1, 1993.

(3) The remainder of this act shall take effect 60 days after the Department of Transportation certifies by notice in the Pennsylvania Bulletin that an enhanced emission inspection program will commence.

1994 Partial Repeal. Section 10 of Act 2 of 1994 provided that par. (3) is repealed insofar as it is inconsistent with the effective date of the reenactment of 75 Pa.C.S. § 4704(e) under Act 2.

1993, JUNE 28, P.L.137, NO.33

§ 8. Savings provision.

The provisions of 75 Pa.C.S. §§ 1532(c) and 1550(d) and the repeal of the provisions of section 13(m) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, by this act shall not affect any act done, liability incurred or right accrued or vested or affect any suit or prosecution pending or be instituted to enforce any right or penalty or to punish any offense under the authority of any statute repealed by this act.

Explanatory Note. Act 33 amended or added sections 102, 1374, 1377, 1510, 1532, 1550, 1798.4, 1902, 4726, 6323, 7714 and 7715 of Title 75.

1993, JULY 2, P.L.408, NO.58

§ 10. Use of Motor License Fund appropriations.

Of those total funds appropriated to the Department of Transportation from Motor License Fund appropriations by section 901 of the act of May 28, 1993 (P.L.589, No.1A), known as the General Appropriation Act of 1993, for the administration and operation of the highway and safety improvement and maintenance programs for State roads, bridges, tunnels and structures, at least $3,000,000 shall be used for the installation of raised reflective markers between lanes of traffic on interstate highways and State highways at locations determined by the Department of Transportation. The $15,000,000 earmarked for survey and upgrade of signing may be drawn from both the highway and safety improvement and the maintenance appropriations.

Explanatory Note. Act 58 amended sections 102, 1115, 1532, 1550, 1786, 3701.1, 4726, 4921, 6125, 6126, 6323, 7714, 7715, 7752 and 9511 of Title 75 and added Chapter 83 of Title 74.

§ 12. Savings provision.

The provisions of 75 Pa.C.S. §§ 1532(c) and 1550(d) and the repeal of the provisions of section 13(m) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, by the act shall not affect any act done, liability incurred or right accrued or vested or affect any suit or prosecution pending or be instituted to enforce any right or penalty or to punish any offense under the authority of any statute repealed by this act.

1994, FEBRUARY 10, P.L.10, NO.2

§ 9. Schedule for emission testing.

For the last year of emission testing in those areas previously designated by the Department of Transportation as requiring emission inspection, the department shall permit one-half of all subject vehicles required to undergo the emission inspection to receive an emission certificate that will expire in a period not to exceed 27 months. Those vehicles selected for a biennial inspection shall be required to undergo a complete enhanced emission inspection before the expiration of the biennial certificate of inspection as provided under this act. The remaining subject vehicles shall undergo a complete basic emission inspection for the last year of the current emission inspection program and, in accordance with the provisions of this act, shall undergo an enhanced emission inspection thereafter. In those areas not previously designated by the department as requiring emission inspection, the department shall require one-half of all subject vehicles to undergo a complete enhanced emission inspection as provided under this act. The remaining subject vehicles shall undergo a complete enhanced emission inspection the following year in accordance with the provisions of this act.

Explanatory Note. Act 2 amended or reenacted sections 102, 1115, 1337, 1786, 4704, 4706, 4904, 4908, 4921, 4923, 4961 and 4981 of Title 75.

§ 11. Waiver of school bus driver recertification driving test.

The Department of Transportation shall waive the school bus driver recertification driving test required by department regulations until November 30, 1994.

1994, FEBRUARY 10, P.L.20, NO.3

§ 8. Savings provision.

The provisions of 75 Pa.C.S. §§ 1532(c) and 1550(d) and the repeal of the provisions of section 13(m) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, by this act shall not affect any act done, liability incurred or right accrued or vested or affect any suit or prosecution pending or be instituted to enforce any right or penalty or to punish any offense under the authority of any statute repealed by this act.

Explanatory Note. Act 3 amended, added or repealed sections 1311, 1312 and 1313 and Chapters 15 and 17 of Title 74 and sections 1532, 1550, 6323 and 9511 of Title 75.

1994, DECEMBER 7, P.L.820, NO.115

§ 12. Contracts with private entities.

In pursuing the directives of section 8(a) of the act of December 16, 1992 (P.L.1250, No.166), entitled "An act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for the implementation and administration of an enhanced vehicle emission inspection program; further providing for administrative duties of the Department of Transportation for certain services and the Department of Environmental Resources; providing for an alternative fuels grant program; establishing the Alternative Fuels Incentive Grant Fund; and making an appropriation," the Department of Transportation is authorized to contract with private entities for the purpose of development, administration and operation of a system which will permit electronic transactions, payment by credit or debit card and electronic funds transfer. Contracted private entities shall be permitted to charge a reasonable fee to customers for providing these services. A third party operating a secured-host computer system interfacing with the computer system of the Department of Transportation must be bonded in an amount specified by the Department of Transportation and shall maintain transaction audit trails for a period of time specified by the Department of Transportation. The Department of Transportation shall provide a written report of its activities relating to decentralized motor vehicle and driver's license transaction services to the Transportation Committee of the Senate and the Transportation Committee of the House of Representatives by January 10, 1995.

Explanatory Note. Act 115 amended or added sections 102, 1103.1, 1302, 1335, 1336, 1352, 1376, 1510, 1533, 1535, 1541, 1542, 1553, 1786, 1924, 1944, 1951, 1955, 1961, 4702, 4703, 4901, 4907, 4921, 4962, 4973, 6117 and 7134 of Title 75.

1994, DECEMBER 12, P.L.1048, NO.143

§ 4. Habitual offenders.

(a) Designation under section 1501 or 1543.--For drivers who were designated as habitual offenders prior to the effective date of this amendatory act solely as a result of convictions of 75 Pa.C.S. § 1501 or 1543 and for whom departmental records show that the suspensions for convictions of 75 Pa.C.S. § 1543 occurred only as a result of a suspension imposed under the authority of 75 Pa.C.S. § 1533, 1538(a) or (b) or 6146, the Department of Transportation may remove these drivers from habitual offender status and require only that they complete the other sanctions associated with the 75 Pa.C.S. § 1543 convictions. Such persons may petition the department for removal from habitual offender status and, if they are eligible for removal, shall no longer be designated as habitual offenders.

(b) Other designations.--For drivers who were designated as habitual offenders prior to the effective date of this amendatory act and who would no longer be designated as habitual offenders under the provisions of this act, the department may remove these drivers from habitual offender status and require only that they complete the other sanctions associated with those convictions. Such persons may petition the department for removal from habitual offender status and, if they are eligible for removal, shall no longer be designated as habitual offenders.

Explanatory Note. Act 143 amended or added sections 1532, 1541, 1542, 1543, 1553 and 1554 of Title 75.

1994, DECEMBER 27, P.L.1337, NO.154

§ 5. Appropriation of fines.

The first $200,000 of the fines collected under 75 Pa.C.S. § 3733 which are not the subject of distribution to municipalities under 42 Pa.C.S. § 3571(b)(2) or (3) are hereby appropriated from the Motor License Fund to the Pennsylvania State Police for the implementation of 75 Pa.C.S. § 6343.

Explanatory Note. Act 154 amended or added sections 3571, 3572, 3573 and 6801 of Title 42 and sections 1508, 1532 and 3733 and Subchapter C of Chapter 63 of Title 75.

§ 6. Effective date.

This act shall take effect as follows:

* * *

(2) The amendment of 75 Pa.C.S. § 1508(d) shall take effect upon the date of notice published in the Pennsylvania Bulletin by the Department of Transportation that the Pennsylvania Driver's Manual has been reprinted for distribution to the general public. If this notice is not published on or before the date occurring one year from the date of final enactment of this act, section 1508(d) shall take effect one year from the date of final enactment of this act.

* * *

1995, JUNE 13, P.L.57, NO.9

§ 4. Report on effect of increased speed limit.

The designation of a speed limit in excess of 55 miles per hour authorized upon any interstate highway or turnpike shall require the Department of Transportation and the Pennsylvania Turnpike Commission to issue a report to the Transportation Committee of the Senate and the Transportation Committee of the House of Representatives on the effect of the increased speed limit. The report shall be submitted within a reasonable time after the increased speed limit has been in effect for at least one year.

Explanatory Note. Act 9 amended sections 102, 3362, 3363 and 6110 of Title 75.

1995, JULY 6, P.L.246, NO.30

§ 5. Equipment standards and inspection criteria.

The Department of Transportation may establish the equipment standards and inspection criteria required for applicable farm vehicles with a gross weight or gross vehicle weight rating of greater than 17,000 pounds for which a Type I biennial certificate of exemption has been issued by publishing a notice in the Pennsylvania Bulletin until the regulations governing these equipment standards and inspection criteria are promulgated by the Department of Transportation.

Explanatory Note. Act 30 amended sections 102, 1302, 1336.1, 1338, 1540, 1731, 1924, 4702 and 4703 of Title 75.

1996, JULY 11, P.L.660, NO.115

§ 25. Pilot programs for decentralized services for motor vehicle and driver license transactions.

The Department of Transportation shall install at least three pilot programs of private sector, decentralized services for motor vehicle and driver license transactions, including, but not limited to, at least three vehicle dealerships, decentralized agents or other private business entities who, notwithstanding any other provision of 75 Pa.C.S. or departmental regulations, shall be temporarily authorized to obtain real time or on-line access to the department's data bases to read motor vehicle records and information and driver license records after first obtaining the written consent of the person who is the subject of the record as provided under 75 Pa.C.S. § 6114. Computerized and electronically recorded data may be submitted to the department for the purpose of updating records. The department shall permit temporarily authorized dealerships, decentralized agents or business entities to issue accountable documents which, as determined by the department, may include certificates of title, certificates of salvage, registration plates, cards and stickers and driver licenses. The temporarily authorized dealerships, decentralized agents or private business entities shall not have been previously sanctioned by the department for violations of 75 Pa.C.S. or departmental regulations within the past three years. Temporarily authorized dealerships, decentralized agents or private business entities shall be permitted to charge a reasonable fee to customers for providing these services.

Explanatory Note. Act 115 amended section 8301 of Title 74 and amended or added sections 102, 1119, 1307, 1310, 1318, 1359, 1374, 1547, 1607, 1786, 1943, 2105, 3718, 3731, 3735, 3742.1, 4702, 4727, 4903, 4921, 4962, 4974, 4977, 7301, 7730 and 7752 of Title 75.

§ 27. Repeal of Pa. Code provisions.

The provisions of 67 Pa. Code §§ 75.25, 75.26, 75.27 and 75.28 are repealed upon the publication of testing procedures as set forth in 75 Pa.C.S. § 1607(a) in the Pennsylvania Bulletin.

1997, APRIL 17, P.L.6, NO.3

§ 20. Additional revenue from fee increases.

The additional revenue derived from increases in fees specified under 75 Pa.C.S. §§ 1912, 1913, 1914, 1915, 1916, 1917, 1921, 1922, 1923, 1924, 1925, 1926, 1926.1, 1927, 1929, 1932, 1933 and 1952 shall be deposited in the Motor License Fund and is hereby appropriated for the use of the Department of Transportation for new highway capital projects. Of this amount $28,000,000 of the proceeds deposited in the Motor License Fund pursuant to this section is hereby appropriated to the Pennsylvania Turnpike Commission annually, to be distributed in the monthly amount of $2,333,333.33, for toll roads designated under the act of September 30, 1985 (P.L.240, No.61), known as the Turnpike Organization, Extension and Toll Road Conversion Act. This section shall operate as a pledge, by the Commonwealth to an individual or entity that acquires a bond issued by the commission, to:

(1) secure the portion of the money described in this section and distributed under this section; and

(2) not limit or alter the rights vested in the commission to the appropriation and distribution of the money set forth in this section.

Explanatory Note. Act 3 amended, added or repealed sections 1303, 1310, 1310.1, 1311 and 1315 of Title 74 and sections 1307, 1318, 1912, 1913, 1914, 1915, 1916, 1917, 1920, 1921, 1922, 1923, 1924, 1925, 1926, 1926.1, 1927, 1929, 1932, 1933, 1952, 4702, 4904, 4908, 4921 and 4923, Chapter 90 and sections 9101, 9102, 9104, 9106, 9401, 9402, 9403, 9404, 9405, 9501, 9502, 9503, 9504, 9505, 9506, 9507, 9508, 9509, 9510, 9511.1, 9602, 9603 and 9606 of Title 75.

§ 21. Legislative intent.

(a) Liquid fuels tax collection points.--It is the intent of this act to move the collection point of both the fuel use tax and oil company franchise tax to the distributor level currently used for the collection of liquid fuels tax. It is also the intent of this act that no fuels or liquid fuels will be subject to double taxation as a result of the movement of the point of collection. The Department of Revenue is authorized to take reasonable and necessary steps to prevent such double taxation.

(b) Codification of The Liquid Fuels Tax Act and the Fuel Use Tax Act.--The addition of 75 Pa.C.S. Ch. 90 is a codification of the act of May 21, 1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act, and the act of January 14, 1952 (1951 P.L.1965, No.550), known as the Fuel Use Tax Act, and is intended as a continuation of those acts.

(c) Liability of dealer-users.--Notwithstanding the repeal of the Fuel Use Tax Act and the movement of the point of taxation for fuels to the distributor level, it is the intent of this act that dealer-users shall, after the effective date of the change in the point of taxation, remain liable for and continue to report and pay the fuel use tax on the use of any fuels upon which the tax imposed by 75 Pa.C.S. § 9004 has not been previously imposed and paid. The department is authorized to prescribe by published notice reasonable measures for such reporting and payment.

(d) Computation of "cents-per-gallon equivalent basis".--For purposes of the "cents-per-gallon equivalent basis" computation provided in 75 Pa.C.S. §§ 9002 and 9004 for the period from the effective date of such provisions to the following January 1, the department shall employ an average wholesale price of 90¢, and no determination or notice of that price is required.

1999, JUNE 25, P.L.164, NO.23

§ 14. Task force on driver's education programs (Expired).

2000 Expiration. Section 14 expired June 25, 2000. See Act 23 of 1999.

Explanatory Note. Act 23 amended or added sections 1503, 1504, 1505, 1532, 1533, 1538, 1548, 1550, 1943, 3313, 4581, 4962, 4968, 4977, 4979.3, 4979.4, 6114 and 8914.1 of Title 75.

§ 15. Joint study on registration validation stickers.

The Pennsylvania State Police and the Department of Transportation shall jointly study the issue of the problems involving registration validation stickers and present a report with findings and recommendations to the Transportation Committee of the Senate and the Transportation Committee of the House of Representatives no later than September 1, 1999.

2002, OCTOBER 2, P.L.801, NO.114

§ 2. Petition for removal of suspensions or revocations.

Drivers whose operating privileges were suspended or revoked prior to the effective date of this section may petition the Department of Transportation to remove from the record the suspensions which had previously been imposed for violations of 75 Pa.C.S. §§ 7102(b) and 7103(b). Upon receipt of the petition, the department shall examine the driving record of the petitioner and shall remove from the record suspensions or revocations caused by convictions of violations of 75 Pa.C.S. § 7102(b) or 7103(b). If there are other offenses on the record, if the driver is entitled to credit, credit shall be given for the other offenses for the periods of times where the driver's operating privileges were suspended or revoked for violations of 75 Pa.C.S. §§ 7102(b) and 7103(b). If the driver was properly serving the suspension, then the driver is entitled to credit. If, after recalculating the record, the driver is eligible for restoration of privileges, the department shall so inform the driver and permit the driver's operating privileges to be restored so long as the driver meets all the other requirements for restoration.

Explanatory Note. Act 114 amended sections 1532, 1571 and 7904 of Title 75.

2002, OCTOBER 4, P.L.845, NO.123

§ 11. Petition for removal of suspensions or revocations.

Drivers whose operating privileges were suspended or revoked prior to the effective date of this section may petition the Department of Transportation to remove from the record the suspensions which had previously been imposed for violations of 75 Pa.C.S. §§ 7102(b) and 7103(b). Upon receipt of the petition, the department shall examine the driving record of the petitioner and shall remove from the record suspensions or revocations caused by convictions of violations of 75 Pa.C.S. § 7102(b) or 7103(b). If there are other offenses on the record, if the driver is entitled to credit, credit shall be given for the other offenses for the periods of times where the driver's operating privileges were suspended or revoked for violations of 75 Pa.C.S. §§ 7102(b) and 7103(b). If the driver was properly serving the suspension, then the driver is entitled to credit. If, after recalculating the record, the driver is eligible for restoration of privileges, the department shall so inform the driver and permit the driver's operating privileges to be restored so long as the driver meets all the other requirements for restoration.

Explanatory Note. Act 123 amended or added sections 102, 1532, 1541, 1543, 1547, 1553, 1554, 1612, 1712, 3116, 3345, 3354, 3549, 3552, 3731, 4908.1, 4923, 4977, 6114, 6309, 6309.1, 6309.2, 6310 and 6503 of Title 75.

2002, DECEMBER 9, P.L.1278, NO.152

§ 24. Waiver of hour requirements for official inspection stations.

Pending promulgations of the regulations required by 75 Pa.C.S. § 4722, the Department of Transportation is authorized to issue and revoke waivers of the hour requirements for official inspection stations as follows:

(1) A request for a waiver of business hours shall be submitted to the Bureau of Motor Vehicles of the Department of Transportation on a form provided by the department. The form shall require the following information:

(i) All relevant station and ownership information.

(ii) The reason for the request.

(iii) A listing of requested days/hours of operation. An inspection station shall be open a minimum of 20 hours per week, and a minimum of ten of those hours shall be during Monday through Friday between 7 a.m. and 8 p.m.

(iv) A detailed explanation of security measures relating to inspection stickers and inspection records which will be in place during the requested hours of operation.

(v) An estimate of the number and type of inspections to be performed.

(vi) If applicable, a copy of any contract or arrangement made with other business concerns for which inspections will be performed documenting the need for the waiver of hours.

(vii) Any other documentation or information requested by the department.

(2) A waiver of hours may be denied or revoked for any of the following reasons:

(i) If a violation of the inspection regulations was committed by the inspection station owner, manager, certified inspector or other employee at the station within three years immediately preceding a request for waiver of hours.

(ii) If the station owner, manager, a certified inspector or other employee at an inspection station that has been granted a waiver of hours commits a violation of the inspection regulations after the waiver has been granted.

(iii) If any station personnel currently employed or hired have been or are currently suspended for inspection violations.

(iv) If the department or its designee is unable on two attempts on two different business days to perform any official visit, including a periodic records audit, during the hours specified in the approved waiver.

(v) If a station fails to be in operation during the hours specified in the waiver.

(vi) If a station fails to comply with any of the provisions of this section.

Explanatory Note. Act 152 amended, added, deleted or repealed sections 102, 1103.1, 1106, 1109, 1117, 1118 and 1119, Subchapter D of Chapter 11, sections 1301, 1377, 1503, 1506, 1510, 1514, 1515, 1607, 1610, 1611, 1612, 1617, 1786, 1943, 1951, 3116, 3352, 3353, 3511, 3524, 3526, 3712, 3712.1, 3712.2, 3731, 4302, 4533, 4706, 4722, 4729, 4901, 4949, 4961, 4979.2, 7301, 7302, 7303.1, 7304, 7305, 7306, 7308, 7309, 7310, 7311, 7311.1, 7311.2, 7312, 7501, 7502, 7502.1, 7503, 7503.1, 7504, 7504.1, 7505, 7506, 7507, 7508 and 7509 of Title 75.

2003, SEPTEMBER 30, P.L.120, NO.24

§ 18. Applicability of sections 3814 and 3815.

The addition of 75 Pa.C.S. §§ 3814 and 3815 shall apply as follows:

(1) Except as set forth in paragraph (2) or (3), after June 30, 2009, for an offender sentenced under this chapter.

(2) On and after the effective date of this section for an offender sentenced for a misdemeanor of the first degree.

(3) After June 30, 2006, for an offender sentenced pursuant to section 3804(a)(3), (b)(2) and (c)(1).

Explanatory Note. Act 24 amended, added or repealed sections 6105, 7508.1, 7513 and 7514 of Title 18; sections 933, 1515, 1725.3, 3571 and 3573, Chapter 70 and 7002, 7003, 9763 and 9804 of Title 42; sections 1516, 1532, 1534, 1539, 1541, 1542, 1543, 1545, 1547, 1548, 1549, 1552, 1553, 1554, 1575, 1586, 1611, 3101, 3326, 3327, 3716, 3731, 3732, 3735, 3735.1 and 3755, Chapter 38 and sections 6308 and 6506 of Title 75.

§ 19. Initial contracts by department.

Notwithstanding any other provision of law to the contrary and in order to facilitate the prompt implementation of this act, initial contracts entered into by the Department of Transportation necessary to carry out any of the provisions of this act, including the procurement of any necessary computer hardware, software, licenses or related services, shall not be subject to the provisions of 62 Pa.C.S. The department shall solicit multiple bids and shall provide written justification for the selection of successful vendors. Contracts made pursuant to the provisions of this section shall not exceed two years.

§ 20. Duties of department.

The Department of Transportation has the following duties:

(1) In order to implement the amendment or addition of 75 Pa.C.S. §§ 1553(b)(1), (c), (d)(6), (8) and (9), (d.1), (d.2), (d.3), (e) and (f) and 3805, the following shall apply:

(i) The department shall adopt and use guidelines, which shall be published in the Pennsylvania Bulletin. The guidelines shall not be subject to review under section 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, and the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(ii) By September 30, 2004, the department shall, in accordance with law, promulgate regulations to replace the guidelines under subparagraph (i).

(iii) The guidelines under subparagraph (i) shall:

(A) take effect February 1, 2004, or immediately, whichever is later; and

(B) expire on the earlier of:

(I) the effective date of regulations under subparagraph (ii); or

(II) September 30, 2005.

(2) By October 1, 2004, the department shall promulgate regulations to implement 75 Pa.C.S. § 1549(b).

(3) Enlist the cooperation of all individuals and entities who are authorized to physically seize a person's driver's license and report back to the General Assembly about what policies are in place to ensure that the department is notified and that the term of suspension begins upon seizure of the person's driver's license. The report shall include information about the number and nature of complaints regarding this system and efforts undertaken by the various agencies to improve this process. The report shall be issued within 180 days of the effective date of this section.

§ 21. Applicability.

The following shall apply:

(1) The repeal of 18 Pa.C.S. § 7513 shall not affect offenses committed prior to February 1, 2004.

(2) The repeal of 18 Pa.C.S. § 7514 and 75 Pa.C.S. § 3731 shall not affect offenses committed prior to February 1, 2004, or civil and administrative penalties imposed as a result of those offenses.

(3) An individual sentenced under 18 Pa.C.S. § 7514 or 75 Pa.C.S. § 3731 shall be subject to administrative and civil sanctions in effect on January 31, 2004.

(4) An individual sentenced under 75 Pa.C.S. Ch. 38 shall be subject to administrative and civil sanctions under this act.

(5) The following apply to offenses committed before February 1, 2004:

(i) Except as set forth in subparagraph (ii) or (iii), this act shall not affect an offense committed before February 1, 2004, or any criminal, civil and administrative penalty assessed as a result of that offense.

(ii) Subparagraph (i) does not apply if a provision added or amended by this act specifies application to an offense committed before February 1, 2004, or to any criminal, civil or administrative penalty assessed as a result of that offense.

(iii) Subparagraph (i) does not apply to the following provisions:

(A) The amendment of 42 Pa.C.S. § 7003(5) in section 3 of this act.

(B) The amendment of 75 Pa.C.S. § 1516(c) and (d).

(C) The amendment of 75 Pa.C.S. § 1534(b).

(D) The amendment of 75 Pa.C.S. § 1547(d) in section 9.1 of this act.

(E) The amendment of 75 Pa.C.S. § 3731(a)(4)(i) and (a.1)(1)(i) in section 13 of this act.

2004, NOVEMBER 30, P.L.1618, NO.207

§ 28. Applicability.

This act shall apply as follows:

(1) Except as otherwise provided in paragraph (2), any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

(2) Paragraph (1) shall not apply to the provisions of 71 Pa.C.S.

Explanatory Note. Act 207 amended sections 102, 1619, 3510, 3582, 4581, 4907, 6309.2, 8306 and 9002 of Title 75.

§ 29. Construction of law.

Nothing in this act shall be construed or deemed to provide magisterial district judges with retirement benefits or rights that are different from those available to district justices or justices of the peace immediately prior to the effective date of this act. Nothing in this act shall be construed or deemed to provide senior magisterial district judges with retirement benefits or rights that are different from those available to senior district justices immediately prior to the effective date of this act.

2005, JULY 14, P.L.285, NO.50

§ 11. Agreement.

The Department of Transportation and the Philadelphia Parking Authority shall enter into an agreement to enforce the provisions of 75 Pa.C.S. § 1379.

Explanatory Note. Act 50 amended or added sections 102, 1103.1, 1111, 1119, 1362, 1363, 1364, 1375, 1376, 1379, 1791.2, 1960, 3116, 4703, 4962, 4974, 6309, 6309.1, 6309.2, 6310, 7725 and 9017 of Title 75.

§ 12. Publication in Pennsylvania Bulletin.

The Department of Transportation shall publish in the Pennsylvania Bulletin notice of the execution of the agreement required under section 11 of this act within 14 days of its execution.

2006, MAY 11, P.L.155, NO.36

Preamble

The General Assembly finds and declares as follows:

(1) Driving under the influence of alcohol or a controlled substance is a crime with thousands of victims in this Commonwealth.

(2) Evidence exists that victim impact panels are effective in reducing offender recidivism and restoring balance to victims' lives in driving under the influence cases.

(3) The purpose of this act is to recognize the value of victim impact panels at reducing offender recidivism and addressing victims' issues, to encourage counties to implement the panels and to establish a coordinating committee to provide standardized guidance for the panels.

Explanatory Note. Act 36 amended section 7508.1 of Title 18 and sections 3802 and 3804 of Title 75.

2013, NOVEMBER 25, P.L.974, NO.89

Preamble

The General Assembly finds and declares as follows:

(1) It is the purpose of this act to ensure that a safe and reliable system of transportation is available to the residents of this Commonwealth.

(2) The Commonwealth's transportation system includes nearly 40,000 miles of roads and 25,000 bridges owned by the Commonwealth, nearly 77,000 miles of roads and 12,000 bridges owned by counties and municipal governments, 36 fixed-route public transportation agencies, 67 railroads, 133 public-use airports, the Ports of Erie, Philadelphia and Pittsburgh and numerous bicycle and pedestrian facilities.

(3) The Commonwealth's transportation system provides for access to employment, educational services, medical care and other life-sustaining services for all residents of this Commonwealth, including senior citizens and people with disabilities.

(4) The Department of Transportation of the Commonwealth has indicated that 9,000 miles of roads owned by the Commonwealth are in poor condition and that 4,400 bridges owned by the Commonwealth are rated structurally deficient. The State Transportation Advisory Committee has indicated that 2,189 bridges exceeding 20 feet in length owned by counties and municipalities are rated structurally deficient.

(5) There is urgent public need to reduce congestion, increase capacity, improve safety and promote economic efficiency of transportation facilities throughout this Commonwealth.

(6) The Commonwealth has limited resources to fund the maintenance and expansion of its transportation facilities.

(7) The State Transportation Advisory Committee reported in 2010 that the Commonwealth's transportation system is underfunded by $3,500,000,000 and projected that amount will grow to $6,700,000,000 by 2020 without additional financial investment by the Commonwealth.

(8) To ensure the needs of the public are adequately addressed, funding mechanisms must be enhanced to sustain the Commonwealth's transportation system in the future.

(9) The utilization of user fees establishes a funding source for transportation needs that spreads the costs across those who benefit from the Commonwealth's transportation system.

(10) Pursuant to section 11 of Article VIII of the Constitution of Pennsylvania, all highway and bridge user fees must be used solely for construction, reconstruction, maintenance and repair of and safety on public highways and bridges and costs and expenses incident thereto.

(11) In order to ensure a safe and reliable system of public transportation, aviation, ports, rail and bicycle and pedestrian facilities, other transportation-related user fees must be deposited in the Public Transportation Trust Fund and the Multimodal Transportation Fund.

(12) In furtherance of the Commonwealth's energy policy, which includes becoming independent from overreliance on foreign energy sources, programs must be established to promote reliance on or conversion to alternative energy sources, including the vast natural gas supply of this Commonwealth.

(13) The Department of Transportation is responsible for the operation of the Commonwealth's transportation system, including administration, driver and vehicle services, highway administration, multimodal transportation and planning. To this end, the department is charged with the registration of vehicles, including the issuance and proper mounting of license plates and special registration plates and assessing those costs and financial impact and ensuring road safety and movement by the posting of maximum speed limits on highways.

(14) Recognition and furtherance of all these elements is essential to promoting the health, safety and welfare of the citizens of this Commonwealth.

Explanatory Note. Act 89 amended, added, reenacted or repealed Chapter 2, sections 303, 1503, 1504, 1506, 1507, 1511, 1512, 1514, 1516, 1517 and 1517.1, Chapter 21, Subchapter C of Chapter 59, sections 8105, 8121, 8204 and 9119 and Chapters 92, 93, 94, 95 and 96 of Title 74 and sections 1307, 1332, 1353, 1354, 1355, 1370, 1550, 1553, 1554, 1617, 1786, 1903, 1904, 1911, 1913, 1916, 1917, 1918, 1920, 1921, 1922, 1924, 1925, 1926, 1926.1, 1927, 1928, 1929, 1930, 1931, 1931.1, 1932, 1933, 1935, 1942, 1943, 1944, 1945, 1947, 1951, 1952, 1953, 1955, 1956, 1957, 1958, 1959, 1960, 1961, 2102, 3111, 3362, 3363, 4902, 4962, 4968, 6110, 6110.1, 6118, 6506, 8901, 8915.6, 9002, 9004, 9006, 9010, 9017, 9301, 9023, 9106 and 9511 of Title 75.

§ 44. Movement of raw milk.

The General Assembly declares that the amendment of 75 Pa.C.S. § 4968(a.2)(4) shall not affect requirements of the Department of Transportaion regarding the permit for the movement of raw milk found at 50A on pages 83 and 84 of Publication 31 of the Department of Transportation.

§ 46. Maximum principal amount of additional debt.

The maximum principal amount of additional debt to be incurred under this act for capital projects specifically itemized in a capital project itemization act pursuant to section 7(a)(4) of Article VIII of the Constitution of Pennsylvania shall be $500,000,000. Debt shall be incurred in accordance with the act of February 9, 1999 (P.L.1, No.1), known as the Capital Facilities Debt Enabling Act, and the Motor License Fund shall be charged with the repayment of the debt. The net proceeds from the sale of obligations authorized in this section are appropriated to the Department of Transportation to be used exclusively to defray financial costs of capital projects specifically itemized in accordance with the Capital Facilities Debt Enabling Act. The money necessary to pay debt service or to pay arbitrage rebates required under section 148 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 148) due on the obligations under this section in fiscal year 2013-2014 is appropriated to the State Treasurer from the Motor License Fund.

§ 47. Costs incurred by department.

The sum of $1,000,000 is appropriated to the Department of Transportation from the Multimodal Transportation Fund for costs incurred by the department in the administration of the programs under 74 Pa.C.S. § 2104(a)(1).

2014, OCTOBER 27, P.L.2905, NO.189

§ 3. Retroactivity.

The amendment of 75 Pa.C.S. § 1553(d)(10)(ii) shall be applied retroactively to January 1, 2004, in cases where the record of a judgment of conviction, adjudication of delinquency or a granting of a consent decree was sent to the Department of Transportation prior to the effective date of this section but not within the time period required under 75 Pa.C.S. § 6323(1).

Explanatory Note. Act 189 amended sections 1553, 3803, 3806, 6323 of Title 75.

2016, JUNE 13, P.L.336, NO.43

§ 3. Duties of law enforcement officials.

Notwithstanding the provisions of 75 Pa.C.S. § 4581(b), a law enforcement official authorized to issue citations for a violation of 75 Pa.C.S. § 4581(a)(1)(ii) shall, during the first year following the effective date of this section, only issue verbal warnings to individuals who are in violation of 75 Pa.C.S. § 4581(a)(1)(ii).

Explanatory Note. Act 43 amended the heading of Subchapter E of Chapter 45 and section 4581 of Title 75.

2016, JULY 20, P.L.837, NO.97

§ 3. Use of accounts.

All money in the restricted accounts established under 75 Pa.C.S. § 7706 that exists on the effective date of this section shall be used in performing any activities necessary to carry out the purposes of 75 Pa.C.S. Ch. 77, including registration and certificate of title activities, training, education, enforcement activities, construction and maintenance of snowmobile and ATV trails and acquisition of equipment, supplies and interests in land.

Explanatory Note. Act 97 amended sections 7706, 7717 and 9017 of Title 75.

2018, OCTOBER 19, P.L.563, NO.86

§ 4. Notice.

The Secretary of Transportation and the Chief Executive Officer of the Pennsylvania Turnpike Commission shall transmit a notice to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin when the automated speed enforcement system is operational along the designated highway work zones under 75 Pa.C.S. § 3369.

Explanatory Note. Act 86 amended or added sections 102, 3368, 3369 and 3370 of Title 75.

§ 5. Notice.

The Secretary of Transportation shall transmit a notice to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin when the automated speed enforcement system is operational along the designated highway under 75 Pa.C.S. § 3370.

§ 6. Effective date.

This act shall take effect as follows:

(1) Except as set forth in paragraph (2), the addition of 75 Pa.C.S. § 3369 shall take effect in 120 days.

(2) The addition of 75 Pa.C.S. § 3369(c) shall take effect 60 days after publication in the Pennsylvania Bulletin of the notice under section 4.

(3) Except as set forth in paragraph (4), the addition of 75 Pa.C.S. § 3370 shall take effect in 60 days.

(4) The addition of 75 Pa.C.S. § 3370(e) shall take effect 60 days after publication in the Pennsylvania Bulletin of the notice under section 5.

(5) The following provisions shall take effect immediately:

(i) This section.

(ii) The remainder of this act.