75 Pa.C.S. § 1603 — PA Code / Title 75 / Chapter 16 / Section 1603
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Commercial driver learner's permit." A permit issued pursuant to section 1607(d) (relating to commercial driver's license qualification standards). "Commercial driver's license" or "CDL." A driver's license issued in accordance with the requirements of this chapter authorizing a person 18 years of age or older to drive a class of commercial motor vehicle. "Commercial driver's license holder" or "CDL holder." A person who has been issued a commercial driver's license or a commercial driver learner's permit. "Commercial Driver's License Information System" or "CDLIS." The information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 (Public Law 99-570, 49 U.S.C. app. § 2701 et seq.) to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.

"Commercial motor vehicle." A motor vehicle or combination designed or used to transport passengers or property:

(1) if the vehicle has a gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds or such lesser rating as the department shall adopt under the provisions of section 6103(c) (relating to promulgation of rules and regulations by department), as determined by Federal regulation and published by the department as a notice in the Pennsylvania Bulletin;

(1.1) if the vehicle has a gross combination weight rating or gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater;

(2) if the vehicle is designed to transport 16 or more passengers, including the driver;

(3) if the vehicle is a school bus; or

(4) if the vehicle is transporting hazardous materials and is required to be placarded in accordance with department regulations. The term does not include an antique or classic motor vehicle, or an implement of husbandry, or any motor home or recreational trailer operated solely for personal use, or motorized construction equipment, including, but not limited to, motorscrapers, backhoes, motorgraders, compactors, excavators, tractors, trenchers and bulldozers.

"Controlled substance." Any substance so defined or classified under:

(1) The act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(2) Section 102(6) of the Controlled Substance Act (Public Law 91-513, 21 U.S.C. § 802(6)).

(3) Schedules I through V of 21 CFR Part 1308.

(4) Any revisions to paragraphs (2) or (3) which are published by the Department of Transportation as notices in the Pennsylvania Bulletin.

"Conviction." For the purposes of this chapter, a conviction includes a finding of guilty or the entering of a plea of guilty, nolo contendere or the unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court as determined by the law of the jurisdiction in which the prosecution was held. A payment of the fine or court cost or entering into an installment agreement to pay the fine or court

cost for the violation by any person charged with a violation of this title is a plea of guilty. The term shall include the acceptance of Accelerated Rehabilitative Disposition or other preadjudication disposition for an offense or an unvacated finding of guilt or determination of violation of the law or failure to comply with the law by an authorized administrative tribunal. The term also includes a violation of a condition of release without bail, including the failure to pay a fine or appear in court to contest a citation. The term does not include a conviction which has been overturned or for which an individual has been pardoned.

"Disqualification." A prohibition against driving a commercial motor vehicle or a school vehicle.

"Employer." Any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.

"Felony." An offense under state or Federal law which is punishable by death or imprisonment exceeding one year.

"Foreign jurisdiction." Any jurisdiction other than a state of the United States.

"Medical examiner." An individual who is licensed, certified or registered, in accordance with applicable statutes and regulations, to perform physical examinations. The term includes a doctor of medicine, an osteopath, a physician assistant, an advanced practice nurse and a doctor of chiropractic.

"Noncommercial motor vehicle." A motor vehicle or combination of motor vehicles not defined by the term "commercial motor vehicle" in this section.

"Nonresident CDL." A commercial driver's license issued by a state to an individual who resides in a foreign jurisdiction.

"Out-of-service order." A temporary prohibition against driving a commercial motor vehicle as provided by departmental regulation.

"Serious traffic violation."

(1) Excessive speeding as defined by the United States Secretary of Transportation by regulation and published by the department as a notice in the Pennsylvania Bulletin.

(2) Reckless driving.

(3) Any offense under this title relating to motor vehicle traffic control arising in connection with an accident resulting in death to any person.

(4) Any violation of section 1606(a) (relating to requirement for commercial driver's license), 1621(a) (relating to texting while driving), 1622(a) (relating to handheld mobile telephone), 3305 (relating to limitations on overtaking on left), 3306 (relating to limitations on driving on left side of roadway), 3307 (relating to no-passing zones), 3309(1), (2) or (4) (relating to driving on roadways laned for traffic), 3310 (relating to following too closely), 3326 (relating to duty of driver in construction and maintenance areas or on highway safety corridors) or 3365(c) (relating to special speed limitations).

(5) Any other offenses defined by the United States Secretary of Transportation as serious traffic violations and published by the department as a notice in the Pennsylvania Bulletin.

"State." A state of the United States or the District of Columbia.

"Tank vehicle." A commercial motor vehicle that is designed to transport liquid or gaseous materials within a tank or tanks

having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank not designed for transportation with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.

"United States." The 50 states and the District of Columbia. (Dec. 20, 1995, P.L.669, No.75, eff. 120 days; Dec. 23, 2002, P.L.1982, No.229, eff. 6 months; July 5, 2005, P.L.100, No.37; Dec. 18, 2007, P.L.436, No.67, eff. 60 days; Nov. 26, 2008, P.L.1658, No.133, eff. 60 days; Jan. 27, 2012, P.L.1, No.1, eff. imd.; June 30, 2014, P.L.814, No.85, eff. 60 days; Oct. 22, 2015, P.L.199, No.49, eff. 60 days)

Amendment . Act 49 amended the defs. of "commercial motor vehicle" and "tank vehicle."

Amendment. Act 85 amended par. (4) of the def. of

"serious traffic violation."

Amendment . Act 1 added the def. of "medical examiner." 2008 Amendment. Act 133 amended the def. of "conviction." 2007 Amendment. Act 67 amended the def. of "serious traffic violation." 2005 Amendment. Act 37 amended the defs. of "disqualification" and "serious traffic violation" and added the defs. of "commercial driver's license holder" or "CDL holder," "conviction," "noncommercial motor vehicle" and "tank vehicle." Section 10(2) of Act 37 provided that Act 37 shall take effect 90 days after publication of a notice in the Pennsylvania Bulletin. The notice was published July 16, 2005, at 35 Pa.B. 4029. Cross References. Section 1603 is referred to in sections 102, 3342, 3716, 3802, 4905, 7803 of this title.
75 Pa.C.S. § 7802 — PA Code / Title 75 / Chapter 78 / Section 7802
Findings and declaration of policy (Repealed).
Status: repealed

2022 Repeal. Section 7802 was repealed July 11, 2022, P.L.1585, No.90, effective in 60 days.
75 Pa.C.S. § 4 — PA Code / Title 75 / Chapter 4 / Section 4
Notice.
Status: in_force

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.
75 Pa.C.S. § 1514 — PA Code / Title 75 / Chapter 15 / Section 1514
Expiration and renewal of drivers' licenses.
Status: in_force

(a) General rule.--Every driver's license shall expire on the day after the licensee's birthdate at intervals of not more than four years as may be determined by the department. Every license shall be renewable on or before its expiration upon application, payment of the required fee, and satisfactory completion of any examination required or authorized by this chapter.

(b) Examination of applicants for renewal.--The department may require persons applying for renewal of a driver's license to take and successfully pass a physical examination or a vision examination by an optometrist or ophthalmologist, or both examinations, if the department has reason to believe, either based on knowledge of the person or on statistical inference, that the person may be a traffic safety hazard. The department may require the applicant to take and successfully pass such additional tests as the department may find reasonably necessary to determine the applicant's qualification according to the type or general class of license applied for and such

examination may include any or all of the other tests required or authorized upon original application by section 1508 (relating to examination of applicant for driver's license). Upon refusal or neglect of the person to submit to the examination, the driver's license shall not be renewed until such time as the examination is successfully completed.

(c) Reexamination requested by court.--The department shall reexamine any person when requested to do so by a court. Upon the conclusion of such examination, the department may take any of the actions described in subsection (b) and shall report its findings and action to the court if such report is requested.

(d) Military personnel and dependents.--Notwithstanding subsection (a), a driver's license held by any person who enters or is on active service in the armed forces of the United States or the spouse or dependent child of the member of the armed forces who resides with such person shall continue in full force and effect so long as the active service continues and the person is absent from this Commonwealth, and for a further period of 45 days following the date of the person's discharge or separation from active service or return to this Commonwealth, unless the driver's license is sooner suspended, cancelled or revoked for cause according to law. A driver's license which otherwise would have expired under subsection (a) shall be valid only if the licensee has in immediate possession, together with the driver's license, papers indicating actual service outside this Commonwealth, or discharge or separation, as the case may be, or proof thereof if a spouse or child.

(e) Noncitizen license expiration and renewal.--

(1) Except as otherwise provided, a license issued on the basis of Immigration and Naturalization Service (INS) credentials or documents shall expire on the date appearing on the INS credentials or documents provided by the applicant under section 1506(a.1) (relating to application for driver's license or learner's permit).

(2) If the expiration date of the INS credentials or documents exceeds four years, the license shall expire one day after the applicant's date of birth but not more than four years from the date of issuance of the license.

(3) Upon presenting INS credentials or documents indicating continued legal presence in the United States, the person may apply for a renewal of the license.

(4) If a person has been granted permanent legal status in the United States by the INS, the department may in its discretion require the person to present his INS credentials or documents for only the first license application or renewal.

(5) License renewals issued under this subsection shall be for the length of time as set forth in paragraph (1) or

(2). (Dec. 21, 1998, P.L.1126, No.151, eff. one year; Dec. 9, 2002, P.L.1278, No.152, eff. 270 days) 2002 Amendment. Act 152 added subsec. (e). 1998 Amendment. Act 151 amended subsec. (a). Cross References. Section 1514 is referred to in sections 1510, 1550 of this title.
75 Pa.C.S. § 2301 — PA Code / Title 75 / Chapter 23 / Section 2301
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Fund." The Motor Vehicle Transaction Recovery Fund established in this chapter.

"Member." Every holder of motor vehicle dealer registration plates and every person authorized to act as an agent of the department with respect to vehicle titling and registration.
75 Pa.C.S. § 7138 — PA Code / Title 75 / Chapter 71 / Section 7138
Civil liability.
Status: in_force

(a) General rule.--A person who, with intent to defraud, violates any requirement imposed under this subchapter shall be liable in an amount equal to the sum of three times the amount of actual damages sustained or $3,000, whichever is the greater, and, in the case of any successful action to enforce this liability, the costs of the action together with reasonable attorney fees as determined by the court.

(b) Statute of limitations.--An action to enforce any liability created under subsection (a) may be brought by any person within five years from the date on which the liability arises. (Mar. 21, 1996, P.L.35, No.11, eff. 60 days)
75 Pa.C.S. § 4535 — PA Code / Title 75 / Chapter 45 / Section 4535
Audible warning devices.
Status: in_force

(a) General rule.--Every motor vehicle operated on a highway shall be equipped with a horn or other audible warning device of a type approved in regulations of the department.

(b) Certain sound devices prohibited.--Except as specifically provided in this part or by regulations of the department, no vehicle operated on a highway shall be equipped with a siren, bell, whistle or any device emitting a similar sound or any unreasonably loud or harsh sound.

(c) Exceptions.--This section shall not apply to any special mobile equipment, commercial implement of husbandry or implement of husbandry that is not so equipped by the original manufacturer.

(June 23, 1982, P.L.605, No.171, eff. imd.; Dec. 18, 1992, P.L.1411, No.174, eff. 60 days) 1992 Amendment. Act 174 amended subsec. (c).
75 Pa.C.S. § 4524 — PA Code / Title 75 / Chapter 45 / Section 4524
Windshield obstructions and wipers.
Status: in_force

(a) Obstruction on front windshield.--No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield which materially obstructs, obscures or impairs the driver's clear view of the highway or any intersecting highway except an inspection certificate, sticker identification sign on a mass transit vehicle or other officially required sticker and no person shall drive any motor vehicle with any ice or snow on the front windshield which materially obstructs, obscures or impairs the driver's clear view of the highway or any intersecting highway.

(b) Obstruction on side and rear windows.--No person shall drive a motor vehicle with any sign, poster or other nontransparent material, including ice or snow, upon the side wings or side or rear windows of the vehicle which materially obstructs, obscures or impairs the driver's clear view of the highway or any intersecting highway. The placement of a registration permit upon the side or rear window of a vehicle shall not be considered a material obstruction.

(c) Other obstruction.--No person shall drive any motor vehicle with any object or material hung from the inside rearview mirror or otherwise hung, placed or attached in such a position as to materially obstruct, obscure or impair the driver's vision through the front windshield or any manner as to constitute a safety hazard.

(d) Windshield wiper systems.--The windshield on every motor vehicle other than a motorcycle or special mobile equipment shall be equipped with a wiper system capable of cleaning rain, snow or other moisture from the windshield, and so constructed as to be controlled or operated by the driver of the vehicle.

(e) Sun screening and other materials prohibited.--

(1) No person shall drive any motor vehicle with any sun screening device or other material which does not permit a person to see or view the inside of the vehicle through the windshield, side wing or side window of the vehicle.

(2) This subsection does not apply to:

(i) A vehicle which is equipped with tinted windows of the type and specification that were installed by the manufacturer of the vehicle or to any hearse, ambulance, government vehicle or any other vehicle for which a currently valid certificate of exemption has been issued in accordance with regulations adopted by the department.

(ii) A vehicle which is equipped with tinted windows, sun screening devices or other materials which comply with all applicable Federal regulations and for which a currently valid certificate of exemption for medical reasons has been issued in accordance with regulations adopted by the department.

(3) A certificate of exemption shall be issued by the department for a vehicle which is:

(i) Registered in this Commonwealth on the effective date of this subsection and is equipped with a sun screening device or other material prohibited under paragraph (1) on the effective date.

(ii) Equipped with tinted windows, sun screening devices or other materials for a physical condition that makes it necessary to equip the motor vehicle with sun screening material which would be of a light

transmittance or luminous reflectance in violation of this section.

(A) A certificate of exemption for medical reasons shall be issued only if the owner or registrant of the vehicle, or a person residing in the household of the owner or registrant who regularly drives or is driven in the vehicle, suffers from a physical condition determined by the department, in consultation with the Medical Advisory Board, to justify the exemption.

(B) Any person requesting an exemption for medical reasons shall have his physical condition certified to the department by a licensed physician or optometrist.

(4) A certificate of exemption issued under this subsection shall be carried in the vehicle and displayed on request of a police officer.

(5) Upon the sale or transfer of the vehicle to any person who does not qualify under paragraph (2)(ii), the exemption shall be null and void. Prior to the sale or transfer of an exempt vehicle, it shall be the sole responsibility of the owner or seller of a formerly exempt vehicle to remove all sun screening or other materials from the vehicle. At the time of the sale or transfer of a formerly exempt vehicle, the owner shall remove and destroy the certificate of exemption for physical reasons and provide the purchaser with a notarized statement setting forth the name and address of the owner or seller, the vehicle identification number, year and model, and the business entity and process used to remove the sun screening or other material.

(f) Exception.--This section does not apply to mobile video recording equipment installed in a vehicle exclusively used for official police purposes. (Feb. 15, 1980, P.L.12, No.8, eff. imd.; Dec. 8, 1982, P.L.842, No.234, eff. Apr. 1, 1983; July 10, 1984, P.L.679, No.146, eff. 60 days; Nov. 21, 1990, P.L.556, No.137, eff. 180 days; June 22, 2001, P.L.559, No.37, eff. 60 days; June 11, 2002, P.L.370, No.53, eff. imd.) 2002 Amendment. Act 53 added subsec. (f). Section 3 of Act 53 provided that subsec. (f) shall apply upon the enactment of a statute providing for the intercepting and recording of oral communications under 18 Pa.C.S. § 5704. Act 52 of 2002, effective June 11, 2002, added provisions relating to the intercepting and recording of oral communications under 18 Pa.C.S. § 5704. 2001 Amendment. Act 37 amended subsec. (b). 1990 Amendment. Act 137 amended subsec. (e). Cross References. Section 4524 is referred to in section 8117 of Title 74 (Transportation).
75 Pa.C.S. § 6308.1 — PA Code / Title 75 / Chapter 63 / Section 6308.1
Payment to police or sheriff's office of one-half of reinstatement fee.
Status: in_force

The police department or sheriff's office whose officers or deputies seize a suspended or revoked driver's license or vehicle registration shall, in every case where the driver's license or vehicle registration is reinstated, receive from the department one-half of the fee imposed under section 1960

(relating to reinstatement of operating privilege or vehicle registration). (Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990) 1990 Amendment. Act 6 added section 6308.1.
75 Pa.C.S. § 6341 — PA Code / Title 75 / Chapter 63 / Section 6341
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Commission." The Municipal Police Officers' Education and Training Commission established under the act of June 18, 1974

(P.L.359, No.120), referred to as the Municipal Police Education and Training Law.

"Commissioner." The Commissioner of the Pennsylvania State Police.

"Motor vehicle pursuit." An active attempt by a police officer operating a motor vehicle to apprehend one or more occupants of a motor vehicle when the driver of the vehicle is resisting the apprehension by maintaining or increasing his speed or by ignoring the police officer's audible or visual signal to stop. References in Text. The act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law, referred to in the def. of "commission," was repealed by the act of December 19, 1996 (P.L.1158, No.177). The subject matter is now contained in Subchapter D of Chapter 21 of Title 53 (Municipalities Generally).
75 Pa.C.S. § 9508 — PA Code / Title 75 / Chapter 95 / Section 9508
Assessment and appeals (Repealed).
Status: repealed

1997 Repeal. Section 9508 was repealed April 17, 1997, P.L.6, No.3, effective July 1, 1997.
75 Pa.C.S. § 1948 — PA Code / Title 75 / Chapter 19 / Section 1948
Chemical and fertilizer vehicle permits (Repealed).
Status: repealed

1993 Repeal. Section 1948 was repealed May 20, 1993, P.L.30, No.10, effective in 60 days.
75 Pa.C.S. § 3107 — PA Code / Title 75 / Chapter 31 / Section 3107
Drivers in funeral processions.
Status: in_force

(a) General rule.--The driver of a vehicle which is being driven in a funeral procession may:

(1) Park or stand irrespective of the provisions of this part.

(2) Proceed past a red signal indication or stop sign if the lead vehicle in the procession started through the intersection while the signal indicator was green or, in the case of a stop sign, the lead vehicle first came to a complete stop before proceeding through the intersection.

(b) Visual signals required.--The privileges granted by this section shall apply only if each vehicle in the funeral procession displays lighted head lamps and emergency flashers and bears a flag or other insignia designating it as part of a funeral procession.

(b.1) Visual signals authorized.--Notwithstanding any other provision of this title to the contrary, a funeral director or the director's representative may display flashing or revolving purple lights on any funeral processional vehicle which is being driven in a funeral procession.

(c) Right-of-way to emergency vehicles.--This section does not relieve the driver of a vehicle which is being driven in a funeral procession from yielding the right-of-way to an emergency vehicle making use of audible and visual signals, nor from the duty to drive with due regard for the safety of all persons. (Aug. 5, 1991, P.L.238, No.26, eff. imd.; June 26, 2001, P.L.734, No.75, eff. 60 days; July 5, 2012, P.L.934, No.99, eff. 60 days) 2012 Amendment. Act 99 added subsec. (b.1). 2001 Amendment. Act 75 amended subsec. (c). 1991 Amendment. Act 26 added section 3107.
75 Pa.C.S. § 1541 — PA Code / Title 75 / Chapter 15 / Section 1541
Period of disqualification, revocation or suspension of operating privilege.
Status: in_force

(a) Commencement of period.--The period of disqualification, revocation or suspension of the operating privilege or the disqualification of the commercial operating privilege shall commence as provided for in section 1540 (relating to surrender of license), except for the suspension of the operating privilege of an unlicensed individual under 16 years of age, in which case the suspension shall commence automatically upon the individual's 16th birthday for the specified period. The department may, upon request of the person whose license is suspended or disqualified, delay the commencement of the period of suspension or disqualification for a period not exceeding six months whenever the department determines that failure to grant the extension will result in hardship to the person whose license has been suspended or disqualified.

(a.1) Credit toward serving period of suspension for certain violations.--Credit toward serving the period of suspension or revocation imposed for sections 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked), 3732 (relating to homicide by vehicle), 3735 (relating to homicide by vehicle while driving under influence), 3735.1 (relating to aggravated assault by vehicle while driving under the influence), 3742 (relating to accidents involving death or personal injury), 3802 (relating to driving under influence of alcohol or controlled substance) and 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock) shall not commence until the date of the person's release from prison.

(b) Eligibility for restoration of operating privilege.--Any person whose operating privilege has been revoked or suspended shall not be eligible for the restoration of the operating privilege until the expiration of the period of revocation or suspension.

(c) Restoration of revoked operating privilege.--Any person whose operating privilege has been revoked pursuant to section 1542 (relating to revocation of habitual offender's license) or 1543 is not entitled to automatic restoration of the operating privilege. Such person may apply for a learner's permit, if permitted under the provisions of this chapter, upon expiration of the revocation.

(d) Continued suspension of operating privilege.--A defendant ordered by the court under section 3816 (relating to requirements for driving under influence offenders), as the result of a conviction or Accelerated Rehabilitative Disposition of a violation of section 3802 to attend a treatment program for alcohol or drug addiction must successfully complete all requirements of the treatment program ordered by the court before the defendant's operating privilege may be restored. Successful completion of a treatment program includes the payment of all court-imposed fines and costs, as well as fees

to be paid to the treatment program by the defendant. For the purposes of restoring a suspended license, being current on a payment plan shall be considered as a part of a successfully completed program. If a defendant fails to successfully complete the requirements of a treatment program, the suspension shall remain in effect until the defendant completes the program and is otherwise eligible for restoration of his operating privilege. The treatment agency shall immediately notify the court of successful completion of the treatment program. The final decision as to whether a defendant has successfully completed the treatment program rests with the court.

(e) (Reserved). (Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; July 11, 1990, P.L.513, No.122, eff. Dec. 1, 1990; Dec. 7, 1994, P.L.820, No.115, eff. imd.; Dec. 12, 1994, P.L.1048, No.143, eff. 9 months; Dec. 21, 1998, P.L.1126, No.151, eff. 1 year; Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; May 11, 2006, P.L.159, No.37, eff. 60 days; May 11, 2006, P.L.164, No.40, eff. 60 days; Oct. 27, 2006, P.L.1182, No.122, eff. 60 days; July 20, 2017, P.L.333, No.30, eff. 15 months) 2017 Amendment. Act 30 amended subsecs. (a) and (e). 2006 Amendments. Act 37 amended subsec. (d), Act 40 amended subsec. (a.1) and Act 122 added subsec. (e). 2003 Amendment. Act 24 amended subsecs. (a.1), (c) and (d). 2002 Amendment. Act 123 amended the section heading and subsec. (a). Cross References. Section 1541 is referred to in section 3815 of this title.
75 Pa.C.S. § 3817 — PA Code / Title 75 / Chapter 38 / Section 3817
Reporting requirements for offenses.
Status: in_force

(a) Requirement.--The department shall make an annual report on the administration of this chapter. The department, the Administrative Office of Pennsylvania Courts and the Pennsylvania Sentencing Commission shall work together to exchange pertinent information necessary to complete this report.

(b) Contents.--The report shall include the following information by county:

(1) The number of offenders charged with a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) sorted by the subsection under which the offender was charged.

(2) The number of offenders convicted of violating section 3802 sorted by the subsection under which the offender was convicted.

(3) The number of offenders admitted to an Accelerated Rehabilitative Disposition program for violating section 3802 sorted by the subsection under which the offender was charged.

(4) The number of offenders completing an Accelerated Rehabilitative Disposition program for a violation of section 3802 sorted by the subsection under which the offender was charged.

(5) The number of persons refusing a chemical test sorted by the number of prior offenses.

(6) The number of offenders subject to treatment under section 3807 (relating to Accelerated Rehabilitative Disposition) sorted by the subsection of section 3802 under which the offender was charged.

(7) The number of offenders subject to section 3815 (relating to mandatory sentencing) sorted by the subsection of section 3802 under which the offender was convicted.

(8) The number of offenders sent to treatment for alcohol and drug problems and addiction.

(9) The names of the treatment facilities providing treatment and the level of care and length of stay in treatment.

(10) The number of offenders successfully completing treatment.

(11) The number of first, second, third and subsequent offenders sorted by the subsection of section 3802 under which the offender was charged.

(12) The number of first, second, third and subsequent offenders sorted by the subsection of section 3802 under which the offender was convicted.

(13) The number of offenders who violated section 3802 for whom costs for assessment and treatment were waived by the court.

(14) The number of offenders who violated section 3802 for whom fines and costs were waived by the court.

(c) Recipients.--The annual report shall be submitted to the Judiciary Committee, Public Health and Welfare Committee and Transportation Committee of the Senate; the Health and Human Services Committee, Judiciary Committee and Transportation Committee of the House of Representatives; and the Department of Health Bureau of Drug and Alcohol Programs, who shall utilize the data for program planning purposes. The Bureau of Drug and Alcohol Programs shall consider increases in county drug and alcohol program costs that result from the implementation of this chapter when proposing annual appropriations requests. The report shall be made available to the public.
75 Pa.C.S. § 9612 — PA Code / Title 75 / Chapter 96 / Section 9612
Arbitrary assessment to prevent tax avoidance.
Status: in_force

If the department ascertains that a person designs quickly to depart from this Commonwealth, or to remove therefrom his property or any property used by him in operations subject to this chapter, or to discontinue business, or to do any other act tending to prejudice or render wholly or partly ineffectual proceedings to assess or collect such tax, whereby it becomes important that such proceedings be brought without delay, the department may immediately make an arbitrary assessment of the amount of tax due, whether or not any report is then due by law, and may proceed under such arbitrary assessment to collect the tax, or compel security for the tax, and thereafter shall cause notice of such finding to be given to the motor carrier, together with a demand for an immediate report and immediate payment of the tax. Cross References. Section 9612 is referred to in section 9614 of this title.
75 Pa.C.S. § 1771 — PA Code / Title 75 / Chapter 17 / Section 1771
Court reports on nonpayment of judgments.
Status: in_force

(a) General rule.--Whenever any person fails within 60 days to satisfy any judgment arising from a motor vehicle accident, the judgment creditor may forward to the department a certified copy of the judgment.

(b) Notice to state of nonresident defendant.--If the defendant named in any certified copy of a judgment reported to the department is a nonresident, the department shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registration certificates of the state of which the defendant is a resident.
75 Pa.C.S. § 1943 — PA Code / Title 75 / Chapter 19 / Section 1943
Annual hauling permits.
Status: in_force

(a) Quarry equipment and machinery.--The annual fee for operation or movement of each piece of heavy quarry equipment or machinery, as provided for in section 4966 (relating to permit for movement of quarry equipment), shall be $706.

(b) Implements of husbandry.--(Repealed).

(c) Course of manufacture.--The annual fee for operation or movement of loads or vehicles, as provided for in section 4968 (relating to permit for movement during course of manufacture), shall be as follows:

(1) Oversized movements:

(i) Movements limited to daylight hours only - $130.

(ii) Movements that can be conducted 24 hours per day - $1,300.

(2) Overweight movements:

(i) Movements not exceeding 100,000 pounds gross weight:

(A) Not more than one mile in distance - $69.

(B) More than one mile in distance - $750.

(ii) Movements in excess of 100,000 pounds gross weight - $756, plus $152 for each mile of highway authorized under the permit.

(d) Multiple highway crossings.--The annual fee for a single permit for multiple highway crossings, as provided for in section 4965 (relating to single permits for multiple highway crossings), shall be $415.

(e) Vehicles with oversize wheels and tires.--(Deleted by amendment).

(e.1) Special mobile equipment.--The annual fee for hauling or towing each piece of special mobile equipment, as provided for in section 4975 (relating to permit for movement of special mobile equipment), shall be $300.

(f) Containerized cargo.--The annual company fee for movement of any combination with overweight containerized cargo as provided for in section 4974 (relating to permit for movement of containerized cargo) shall be:

(1) $155 for a motor carrier requesting permits for up to 15 truck tractors.

(2) $233 for a motor carrier requesting permits for 16 to 50 truck tractors.

(3) $388 for a motor carrier requesting permits for 51 to 100 truck tractors.

(4) $544 for a motor carrier requesting permits for 101 to 150 truck tractors.

(5) $622 for a motor carrier requesting permits for 151 or more truck tractors.

(g) Domestic animal feed.--The annual fee for movement of each vehicle hauling domestic animal feed, in bulk, as provided for in section 4976 (relating to permit for movement of domestic animal feed) shall be $587.

(g.1) Eggs.--The annual fee for movement of each vehicle hauling eggs as provided for in section 4976.2 (relating to permit for movement of eggs) shall be $400.

(h) Movement of wooden structures.--The annual fee for movement of wooden structures as provided for in section 4977

(relating to permit for movement of wooden structures) shall be $1,468.

(i) Live domestic animals.--The annual permit fee for each truck tractor authorized to transport live domestic animals, as provided in section 4976.1 (relating to permit for movement of live domestic animals), shall be $520.

(j) Building structural components.--The permit fee for each truck tractor authorized to transport building structural components, as provided in section 4978 (relating to permit for movement of building structural components), shall be $141 for each month the permit is valid.

(k) Utility construction equipment.--The permit fee for utility construction equipment, as provided for in section 4970(a) (relating to permit for movement of construction equipment), shall be $141 for each month the permit is valid.

(l) Particleboard or fiberboard.--The annual fee for movement of particleboard or fiberboard, as provided for in section 4979 (relating to permit for movement of particleboard or fiberboard used for the manufacture of ready-to-assemble furniture), shall be $1,130.

(m) Bulk refined oil.--The annual fee for movement of bulk refined oil, as provided for in section 4979.1 (relating to permit for movement of bulk refined oil), shall be:

(1) $1,130 for a distance up to 50 miles.

(2) $1,690 for a distance of more than 50 miles up to 125 miles.

(n) Waste coal and beneficial combustion ash.--The annual fee for the movement of waste coal and beneficial combustion ash, as provided for in section 4979.2 (relating to permit for movement of waste coal and beneficial combustion ash), shall be $565.

(o) Float glass or flat glass.--The annual fee for the movement of float glass or flat glass, as provided for in section 4979.3 (relating to permit for movement of float glass or flat glass for use in construction and other end uses), shall be $1,209.

(p) Self-propelled cranes.--The annual permit fee for each self-propelled crane, as provided for in section 4979.4 (relating to permit for movement of self-propelled cranes), shall be as follows:

(1) Cranes not exceeding 100,000 pounds gross weight, prorated up to a maximum of $553.

(2) Cranes in excess of 100,000 pounds gross weight, prorated up to a maximum of $139 plus $69 for each mile of highway authorized under the permit.

(q) Construction equipment.--The annual fee for the movement of construction equipment shall be $520.

(q.1) Nonhazardous liquid glue.--The annual fee for the movement of nonhazardous liquid glue, as provided for in section 4979.5 (relating to permit for movement of nonhazardous liquid glue), shall be $1,000.

(q.2) Waste tires.--The annual fee for the movement of waste tires under section 4979.6 (relating to permit for movement of waste tires) shall be $845.

(r) Excess damage permit.--The annual fee for excess damage permits, as provided for in section 4961(d) (relating to authority to issue permits), shall be $640 to cover the costs of administering the permit and inspections of the involved highway. (July 20, 1979, P.L.168, No.55, eff. imd.; Nov. 29, 1985, P.L.316, No.81, eff. 60 days; May 20, 1993, P.L.30, No.10, eff. 60 days; Dec. 28, 1994, P.L.1450, No.172, eff. 60 days; July

6, 1995, P.L.315, No.48, eff. 60 days; Dec. 20, 1995, P.L.669, No.75, eff. 60 days; July 11, 1996, P.L.660, No.115; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; June 25, 1999, P.L.164, No.23, eff. 60 days; June 22, 2001, P.L.559, No.37, eff. 60 days; Dec. 9, 2002, P.L.1278, No.152, eff. 60 days; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Oct. 24, 2012, P.L.1473, No.187, eff. 60 days; Nov. 25, 2013, P.L.974, No.89, eff. July 1, 2014)

Amendment. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations. 2010 Amendment. The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael C. Weigand Law.
75 Pa.C.S. § 4971 — PA Code / Title 75 / Chapter 49 / Section 4971
Permit for operation of chemical and fertilizer vehicles (Deleted by amendment).
Status: in_force

1992 Amendment. Section 4971 was deleted by amendment December 18, 1992, P.L.1411, No.174, effective in 60 days.
75 Pa.C.S. § 1346 — PA Code / Title 75 / Chapter 13 / Section 1346
Special plates for recipients of Purple Heart.
Status: in_force

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, motorcycle or truck with a registered gross weight of not more than 14,000 pounds. (June 12, 1986, P.L.252, No.65, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Dec. 18, 2007, P.L.436, No.67, eff. 60 days; July 2, 2014, P.L.988, No.109, eff. 60 days; Oct. 24, 2018, P.L.705, No.108, eff. 120 days) Cross References. Section 1346 is referred to in section 1333 of this title.
75 Pa.C.S. § 4724 — PA Code / Title 75 / Chapter 47 / Section 4724
Suspension of certificates of appointment.
Status: in_force

(a) General rule.--The department shall supervise and inspect official inspection stations and may suspend the certificate of appointment issued to a station or may impose a monetary penalty or may issue a warning against the station which it finds is not properly equipped or conducted or which has violated or failed to comply with any of the provisions of this chapter or regulations adopted by the department. A schedule of all penalties, points and suspension may be established by the department by publishing a notice in the Pennsylvania Bulletin until the regulations governing these penalties are promulgated by the department. The department shall maintain a list of all stations holding certificates of appointment and of those whose certificates of appointment have been suspended. Any suspended certificate of appointment and

all unused certificates of inspection shall be returned immediately to the department.

(b) Judicial review.--Any person whose mechanic certificate issued under section 4726 (relating to certification of mechanics) or certificate of appointment has been denied or suspended or who has received a monetary penalty under this chapter shall have the right to appeal to the court vested with jurisdiction of such appeals by or pursuant to Title 42 (relating to judiciary and judicial procedure). The court shall set the matter for hearing upon 60 days' written notice to the department and take testimony and examine into the facts of the case and determine whether the petitioner is entitled to a mechanic certificate or certificate of appointment or is subject to suspension or monetary penalty under the provisions of this chapter.

(c) Limitation.--The department prior to suspending a certificate of appointment of an official inspection station on the grounds of careless recordkeeping or the court on appeal from a suspension may consider the volume of inspections conducted by the inspection station and provide to the owner or operator of the inspection station the opportunity to correct any inaccurate records. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; June 18, 1980, P.L.229, No.68, eff. 60 days; July 4, 2002, P.L.692, No.105, eff. 60 days; Nov. 4, 2016, P.L.1277, No.165, eff. 60 days) 2016 Amendment. Act 165 amended subsecs. (a) and (b). Cross References. Section 4724 is referred to in section 933 of Title 42 (Judiciary and Judicial Procedure).
75 Pa.C.S. § 10 — PA Code / Title 75 / Chapter 10 / Section 10
Use of Motor License Fund appropriations.
Status: in_force

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
75 Pa.C.S. § 9010 — PA Code / Title 75 / Chapter 90 / Section 9010
Disposition and use of tax.
Status: reserved

(a) (Reserved).

(b) Payment to counties.--

(1) The money paid into the Liquid Fuels Tax Fund under section 9502(a)(5)(i) (relating to imposition of tax), except that which is refunded, shall be paid to the respective counties of this Commonwealth on June 1 and December 1 of each year in the ratio that the average amount returned to each county during the three preceding years bears to the average amount returned to all counties during the three preceding years.

(2) All money received by the counties under paragraph

(1) shall be deposited and maintained in a special fund designated as the County Liquid Fuels Tax Fund. No other money shall be deposited and commingled into the County Liquid Fuels Tax Fund, except in a county which does not have sufficient money in such special fund to provide for payments designated in the current annual budget.

(i) Payment from that special fund shall be for the following purposes:

(A) Construction, reconstruction, maintenance and repair of roads, highways, bridges and curb ramps from a road or highway to provide for access by individuals with disabilities consistent with Federal and State law.

(B) Property damages and compensation of viewers for services in eminent domain proceedings involving roads, highways and bridges.

(C) Construction, reconstruction, operation and maintenance of publicly owned ferryboat operations.

(D) Interest and principal payments on road, bridge or publicly owned ferryboat operation bonds or sinking fund charges for such bonds becoming due within the current calendar year.

(E) Acquisition, maintenance, repair and operation of traffic signs and traffic signals.

(F) Erection and maintenance of stop and go signal lights, blinkers and other like traffic control devices.

(G) Indirect costs, including benefit costs, overhead and other administrative charges for those county employees directly engaged in eligible projects. Expenditures under this clause may not exceed 10% of the yearly allocation to the county.

(H) Individual vehicle liability insurance for equipment purchased under the fund. Expenditures under this clause may not exceed 10% of the yearly allocation to the county.

(ii) The county for the purpose of payments under subparagraph (i) may borrow and place in the special

fund money not in excess of the liquid fuels tax funds to be received during the current calendar year. Loans shall be repaid from the special fund before the expiration of the current calendar year and not thereafter. Money so received and deposited shall be used only for the following purposes:

(A) Construction, reconstruction, maintenance and repair of roads, highways, bridges and curb ramps from a road or highway to provide for access by individuals with disabilities consistent with Federal and State law.

(B) Payment of property damage and compensation of viewers for services in eminent domain proceedings involving roads, highways and bridges occasioned by the relocation or construction of highways and bridges.

(C) Construction, reconstruction, operation and maintenance of publicly owned ferryboat operations.

(D) Payment of interest and sinking fund charges on bonds issued or used for highways and bridge purposes and publicly owned ferryboat operations.

(E) Acquisition, maintenance, repair and operation of traffic signs and traffic signals.

(iii) No expenditures from the special fund shall be made by the county commissioners for new construction on roads, bridges, curb ramps or publicly owned ferryboat operations without the approval of the plans for construction by the department.

(iv) The county commissioners shall not allocate money from the special fund to any political subdivision within the county until the application and the contracts or plans for the proposed expenditures have been made on a form prescribed by the department.

(v) The county commissioners of each county shall make to the department, by January 15 for the period ending December 31, on a form prescribed by the department a report showing the receipts and expenditures of the money received by the county from the Commonwealth under this section. Copies of the report shall be transmitted to the department and to the Department of the Auditor General for audit.

(vi) Upon the failure of the county commissioners to file the report or to make any payments, allocations or expenditures in compliance with this section, the department shall withhold further payments to the county out of the Liquid Fuels Tax Fund until the delinquent report is filed, the money is allocated or the expenditures for the prior 12 months are approved by the department.

(c) Allocation of money.--Except as set forth in subsection

(c.1), the county commissioners may allocate and apportion money from the County Liquid Fuels Tax Fund to the political subdivisions within the county in the ratio as provided in this subsection. When the unencumbered balance in the County Liquid Fuels Tax Fund is greater than the receipts for the 12 months immediately preceding the date of either of the reports, the county commissioners shall notify the political subdivisions to make application within 90 days for participation in the redistribution of the unencumbered balance. Redistribution shall be effected within 120 days of the date of either of the reports. The county commissioners may distribute the unencumbered balance in excess of 50% of the receipts for the

previous 12 months to the political subdivisions making application in the following manner:

(1) Fifty percent of the money shall be allocated and apportioned among the political subdivisions within the county in the ratio which the total mileage of all roads and streets maintained by each political subdivision making application bears to the total mileage of all the roads and streets maintained by all political subdivisions making application in the county as of January 1 of the year in which an allocation is made.

(2) The remaining 50% of the money shall be allocated and apportioned among the same political subdivisions on a population basis in the ratio which the population in each political division making an application bears to the total population of all political subdivisions making application.

(3) In the case of an emergency and upon approval of the Department of Transportation, the county commissioners may enter into contracts and obligations for the expenditure of the estimated liquid fuels tax receipts for a period not exceeding two years and receive a credit for expenditures against subsequent receipts. No county may carry over any credit balance against future fuel tax receipts from year to year.

(c.1) Forfeiture.--All money allocated under subsection (c) to a political subdivision which, under section 6109(a) (relating to specific powers of department and local authorities), violates section 6101(a) (relating to applicability and uniformity of title) shall be withheld by the county during the period of time in which the municipality is in violation of section 6101(a).

(c.2) Release funds.--Upon notification that the local authority has repealed or substantially amended the ordinance to remove the language that was found to be in violation of section 6101(a), the county shall release those funds withheld by the county and due the local agency.

(d) Copies of laws.--The Department of Transportation shall annually issue to the county commissioners and to the corporate authorities of the political subdivisions in the counties copies of the laws with special reference to pertinent provisions and regulations relating to the receipts and expenditures of any funds authorized to be apportioned, allocated or expended.

(e) Appropriation.--

(1) Notwithstanding the provisions of this subsection and notwithstanding the provisions of section 3 of the act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal Allocation Law, the entire revenues from 1¢ of the tax imposed by this chapter are hereby appropriated to the Department of Transportation.

(2) The following apply insofar as consistent with section 9102 (relating to distribution of State highway maintenance funds):

(i) Except as provided in subparagraph (ii), the department shall use the revenues appropriated to it under this subsection for the maintenance and resurfacing of secondary roads.

(ii) The revenues shall be apportioned by the department for expenditure in the several counties of this Commonwealth in the ratio that the total mileage of State highways in any county bears to the total mileage of State highways in this Commonwealth.

(3) The tax of 1 1/2¢ a gallon imposed and assessed on liquid fuels used or sold and delivered for use as a fuel

in propeller-driven aircraft or aircraft engines, the tax of 1 1/2¢ a gallon on liquid fuels used or sold and delivered for use as a fuel in jet or turbojet-propelled aircraft or aircraft engines in lieu of other taxes, all penalties and interests and all interest earned on deposits of the Liquid Fuels Tax Fund shall be paid into the Motor License Fund. This money is specifically appropriated for the same purposes for which money in the Motor License Fund is appropriated by law. (Oct. 24, 2012, P.L.1473, No.187, eff. 60 days; Nov. 25, 2013, P.L.974, No.89, eff. Jan. 1, 2014)

Amendment. Act 89 amended subsecs. (a), (b)(1) and

(e)(3). See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations. 2012 Amendment. Act 187 amended subsec. (c) intro. par. and added subsecs. (c.1) and (c.2). Cross References. Section 9010 is referred to in sections 1935, 6101, 9023, 9502, 9511.11 of this title.
75 Pa.C.S. § 9017 — PA Code / Title 75 / Chapter 90 / Section 9017
Refunds.
Status: in_force

(a) Department of Revenue.--Except as provided in subsection

(a.1), the Department of Revenue may refund taxes, penalties, interest, fines, additions and other money collected pursuant to this chapter in accordance with section 3003.1 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

(a.1) Board of Finance and Revenue.--The Board of Finance and Revenue may make reimbursements and refunds of tax imposed and collected upon liquid fuels or fuels as provided under subsections (b), (c) or (e). In addition, the board may refund on an annual basis any tax imposed by this chapter and collected by the department upon liquid fuels or fuels delivered to any entity exempt from tax under section 9004(e) (relating to imposition of tax, exemptions and deductions) which has not been claimed as exempt by the distributor or otherwise refunded. The board may adopt regulations relating to procedures for the administration of its duties under this subsection.

(b) Farm tractors and volunteer fire rescue and ambulance services.--A person shall be reimbursed the full amount of the tax imposed by this chapter if the person uses or buys liquid fuels or fuels on which the tax imposed by this chapter has been paid and consumes them:

(1) in the operation of any nonlicensed farm tractor or licensed farm tractor when used off the highways for agricultural purposes relating to the actual production of farm products; or

(2) in the operation of a vehicle of a volunteer fire company, volunteer ambulance service or volunteer rescue squad.

(c) Motorboats and watercraft.--

(1) When the tax imposed by this chapter and section 9502(a)(5) (relating to imposition of tax) has been paid and the fuel on which the tax has been imposed has been consumed in the operation of motorboats or watercraft upon the waters of this Commonwealth, including waterways bordering on this Commonwealth, the full amount of the tax shall be refunded to the Boat Fund on petition to the board in accordance with prescribed procedures.

(2) In accordance with such procedures, the Pennsylvania Fish and Boat Commission shall biannually calculate the amount of liquid fuels consumed by the motorcraft and furnish the information relating to its calculations and data as required by the board. The board shall review the petition and motorboat fuel consumption calculations of the commission, determine the amount of liquid fuels tax paid and certify to the State Treasurer to refund annually to the Boat Fund the amount so determined. The department shall be accorded the right to appear at the proceedings and make its views known.

(3) This money shall be used by the commission acting by itself or by agreement with other Federal and State agencies only for the improvement of the waters of this Commonwealth on which motorboats are permitted to operate and may be used for the development and construction of motorboat areas; the dredging and clearing of water areas where motorboats can be used; the placement and replacement of navigational aids; the purchase, development and maintenance of public access sites and facilities to and on waters where motorboating is permitted; the patrolling of motorboating waters; the publishing of nautical charts in those areas of this Commonwealth not covered by nautical charts published by the United States Coast and Geodetic Survey or the United States Army Engineers and the administrative expenses arising out of such activities; and other similar purposes.

(d) Off-highway recreational vehicles.--(Deleted by amendment).

(d.1) Motorized recreational vehicles.--

(1) When the tax imposed by this chapter has been paid and the fuel on which the tax has been imposed has been consumed in the operation of motorized recreational vehicles on designated roads and bridges of this Commonwealth, including roads and bridges bordering on this Commonwealth, annually up to a maximum of $1,000,000 of the full amount of such taxes shall be refunded to the restricted accounts established in section 7706 (relating to restricted accounts) upon petition to the Board of Finance and Revenue.

(2) In accordance with prescribed procedures, the Department of Conservation and Natural Resources shall biennially calculate the amount of liquid fuels consumed by motorized recreational vehicles and furnish such information relating to its calculations and data to the Board of Finance and Revenue. The board shall review the petition and motorized recreational vehicle fuel consumption calculations of the Department of Conservation and Natural Resources to determine the full amount of taxes paid and shall certify to the State Treasurer to refund annually up to a maximum of $1,000,000 of the full amount of such taxes to the restricted account established in section 7706.

(3) This money shall be used by the Department of Conservation and Natural Resources for the improvement of public roadways, highways and bridges of this Commonwealth, including roads and bridges bordering on this Commonwealth, that are also used by motorized recreational vehicles required to be registered under this title. For the purpose of this section, improvement includes, but is not limited to, grooming for snowmobile use and safety.

(4) For the purposes of this subsection, motorized recreational vehicles are snowmobiles, all-terrain vehicles, motorcycles and four-wheel-drive vehicles.

(e) Aircraft.--A person shall be reimbursed in the amount of the excess if a person uses liquid fuel on which a tax imposed by this chapter in excess of 1 1/2¢ per gallon has been paid in:

(1) a propeller-driven aircraft or aircraft engines; or

(2) a jet or turbojet-propelled aircraft or aircraft engines.

(e.1) Truck refrigeration units.--

(1) A program shall be implemented to provide reimbursement for tax paid on undyed diesel fuel used in truck refrigeration units.

(2) A person shall be reimbursed the amount of tax paid pursuant to section 9004 on any purchase of undyed diesel fuel which is not more than 75 gallons per purchase and is delivered into a fuel tank which is designed to supply only an internal combustion engine mounted on a registered vehicle used exclusively for truck refrigeration.

(3) For the period of October 1, 1997, through September 30, 1998, claims for reimbursement of taxes paid shall be filed by March 1, 1999, with the Department of Revenue. For the period of October 1, 1998, through September 30, 1999, claims for reimbursement under this subsection shall be filed by October 31, 1999, with the department. For the period from October 1, 1999, through September 30, 2000, inclusive, claims for reimbursement under this subsection shall be filed with the department by October 31, 2000. For the quarter beginning October 1, 2000, and each quarter thereafter, claims for reimbursement shall be filed with the department on a quarterly basis and must be filed within 60 days following the end of the quarter for which reimbursement is being claimed.

(4) The department may require a claimant to satisfy any sales or use tax liability on the undyed diesel fuel for which the reimbursement is claimed.

(5) A claim for reimbursement must be supported by sales receipts with the word "reefer" noted on the claim and the date of purchase, seller's name and address, number of gallons purchased, fuel type, price per gallon or total amount of sale, unit numbers and the purchaser's name. The department may specify other documentation which it will accept in lieu of sales receipts. In the case of withdrawals from claimant-owned tax-paid bulk storage, the claim must be supported by detailed records of the date of withdrawal, number of gallons, fuel type, unit number and purchase and inventory records to substantiate that the tax was paid on all bulk purchases. Notwithstanding the provisions of section 9009 (relating to retention of records by distributors and dealers), all required documentation shall be retained for a period of three years following the filing date of the claim for reimbursement under this subsection. If the claimant fails to retain documentation as required by this paragraph, the department may deny the reimbursement or issue an assessment for any refund granted plus interest under section 9007 (relating to determination and redetermination of tax, penalties and interest due).

(6) (Deleted by amendment).

(e.2) Agricultural power takeoff.--A person shall be reimbursed the full amount of the tax imposed by this chapter if the person uses or buys liquid fuels or fuels on which the tax imposed by this chapter has been paid and consumes them to load for delivery or to unload at a farm feed, feed products,

lime or limestone products for agricultural use from a vehicle by means of a power takeoff, provided the fuel usage is documented only by an electronic monitoring device used in conjunction with an electronically controlled engine. Reimbursements shall be documented only as provided in this subsection, and no reimbursement shall be based upon any form of alternative documentation. Claims for reimbursement shall be filed with the department on a quarterly basis and must be filed within 60 days following the end of the quarter for which reimbursement is being claimed. The provisions of subsection

(f) except for the filing fee provision shall apply to claims for reimbursement under this subsection to the extent they are not inconsistent with this subsection.

(f) Claims, forms, contents, penalties.--A claim for reimbursement or refund under subsection (b), (c) or (e) shall be made upon a form to be furnished by the board and must include, in addition to such other information as the board may by regulation prescribe, the name and address of the claimant; the period of time and the number of gallons of liquid fuels used for which reimbursement is claimed; a description of the farm machinery, aircraft or aircraft engine in which liquid fuels have been used; the purposes for which the machinery, aircraft or aircraft engine has been used; and the size of the farm and part in cultivation on which such liquid fuels have been used. A claim must contain statements that the liquid fuels for which reimbursement is claimed have been used only for purposes for which reimbursements are permitted; that records of the amounts of such fuels used in each piece of farm machinery, aircraft or aircraft engine have been kept; and that no part of the claim has been paid except as stated. A claim must contain a declaration that it and accompanying receipts are true and correct to the best of the claimant's knowledge and must be signed by the claimant or the person claiming on the claimant's behalf. A claim must be accompanied by receipts indicating that the liquid fuels tax was paid on the liquid fuels or that the excess liquid fuels tax was paid on the liquid fuels for which reimbursement is claimed. Records of purchases of liquid fuels and use in each tractor or powered machinery, aircraft or aircraft engine shall be kept for a period of two years. A claim must be made annually for the preceding year ending on June 30. A claim must be submitted to the board by September 30. The board shall refuse to consider any claim received or postmarked later than that date. The claimant must satisfy the board that the tax has been paid and that the liquid fuels have been consumed by the claimant for purposes for which reimbursements are permitted under this section. The action of the board in granting or refusing reimbursement shall be final. The board shall deduct the sum of $1.50, which shall be considered a filing fee, from every claim for reimbursement granted. Filing fees are specifically appropriated to the board and to the department for expenses incurred in the administration of the reimbursement provisions of this chapter. The board has the power to refer to the department for investigation any claim for reimbursement filed under the provisions of this chapter. The department shall investigate the application and report to the board. A person making any false or fraudulent statement for the purpose of obtaining reimbursement commits a misdemeanor of the third degree.

(g) Fund sources.--Refunds and reimbursements of money allowed under this section shall be paid from the Motor License Fund and the Liquid Fuels Tax Fund in amounts equal to the original distribution and payment of such money into those

funds. Reimbursement for taxes paid on liquid fuels consumed in the operation of tractors and powered machinery for purposes relating to the actual production of farm products and reimbursement for taxes paid on liquid fuels used in aircraft or aircraft engines shall be paid out of the Motor License Fund.

(h) Appropriations; approval by Governor.--As much of the money in the Motor License Fund and the Liquid Fuels Tax Fund as may be necessary is appropriated to the board for the purpose of making refunds and reimbursements as authorized in this section. Estimates of the amounts to be expended from these funds for refunds and reimbursements by the board must be submitted to the Governor for approval or disapproval as in the case of other appropriations to administrative departments, boards and commissions. It is unlawful to honor any requisition of the board for the expenditure of money under this section in excess of the estimates approved by the Governor. (Dec. 21, 1998, P.L.1126, No.151, eff. imd.; June 22, 2001, P.L.411, No.33, eff. 60 days; June 22, 2001, P.L.559, No.37, eff. imd.; July 14, 2005, P.L.285, No.50, eff. imd.; Nov. 25, 2013, P.L.974, No.89, eff. Jan. 1, 2014; July 20, 2016, P.L.837, No.97, eff. 60 days)

Amendment. Act 97 amended subsec. (d.1)(1).

Amendment. Act 89 amended subsec. (c)(1). See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations. 2005 Amendment. Act 50 deleted subsec. (d) and added subsec.

(d.1). 2001 Amendments. Act 33 added subsec. (e.2) and Act 37 amended subsec. (e.1). 1998 Amendment. Act 151 reenacted and amended the entire section, retroactive to October 1, 1997, as to subsec. (e.1) and January 1, 1997, as to the remainder of the section. 1997 Partial Repeal. Section 35.1(c) of Act 7 of 1997 provided that section 9017 is repealed insofar as it relates to refunds. Cross References. Section 9017 is referred to in sections 7706, 9024 of this title.
75 Pa.C.S. § 8911 — PA Code / Title 75 / Chapter 89 / Section 8911
Improvement and extension authorizations.
Status: in_force

In order to facilitate vehicular traffic within and across this Commonwealth, the commission is hereby authorized and empowered to construct, operate and maintain turnpike extensions and turnpike improvements at such specific locations and according to such schedule as shall be deemed feasible and approved by the commission, together with connecting roads, storm water management systems, interchanges, slip ramps, tunnels and bridges, subject to the waiver of the Federal toll prohibition provisions where applicable, as follows:

(1) Widen turnpike to six lanes between the Northeast Extension and the Delaware River Interchange.

(2) Construct turnpike interchange with Interstate Route 95 in Bucks County.

(3) Construct turnpike interchange with Interstate Route 476 in Montgomery County.

(4) Construct turnpike interchange with Keyser Avenue in Lackawanna County.

(5) Construct extensions to the existing turnpike from a point westerly of existing Interchange 2 extending northerly to a connection with the existing interchange between U.S. Route 422 and proposed State Route 60 in Lawrence County and extending southerly to a connection with existing State Route 60 in Beaver County at or near State Route 51.

(6) Construct an extension to the turnpike from a point at or near Interchange 8 in Westmoreland County extending northerly to an interchange with State Route 66 northwest of Greensburg and continuing northerly to an interchange with U.S. Route 22 south of Delmont.

(7) Construct an additional Lehigh Tunnel on the Northeast Extension of the turnpike.

(8) Construct a private turnpike interchange directly connected to the New Cumberland Army Depot. The commission may commence construction of the private turnpike interchange

notwithstanding the construction schedule established by this section.

(9) Construct an interchange on the Northeast Extension with State Route 903 in Carbon County. The commission may commence construction of this interchange notwithstanding the construction schedule established by this section.

(10) Other slip ramps and interchanges as the commission may determine. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 amended the intro. par. and added par. (10). Cross References. Section 8911 is referred to in sections 8913, 8914, 8915 of this title.
75 Pa.C.S. § 9504 — PA Code / Title 75 / Chapter 95 / Section 9504
Timely mailing treated as timely filing and payment (Repealed).
Status: repealed

1997 Repeal. Section 9504 was repealed April 17, 1997, P.L.6, No.3, effective July 1, 1997.
75 Pa.C.S. § 3314 — PA Code / Title 75 / Chapter 33 / Section 3314
Prohibiting use of hearing impairment devices.
Status: in_force

(a) General rule.--No driver shall operate a vehicle while wearing or using one or more headphones or earphones.

(b) Exception.--This section does not prohibit the use of hearing aids or other devices for improving the hearing of the driver, nor does it prohibit the use of a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear, nor does it prohibit the use of communication equipment by the driver of an emergency vehicle or by motorcycle operators complying with section 3525 (relating to protective equipment for motorcycle riders), nor does it prohibit motorcycle operators complying with section 3525 from wearing or using one or more headphones or earphones or protective headgear with the same capabilities. (Mar. 29, 1984, P.L.159, No.31, eff. imd.; May 20, 1993, P.L.30, No.10, eff. 60 days; July 6, 1995, P.L.315, No.48, eff. 60 days; Nov. 6, 2025, P.L.152, No.43, eff. 60 days) 2025 Amendment. Act 43 amended subsec. (b).
75 Pa.C.S. § 8915.4 — PA Code / Title 75 / Chapter 89 / Section 8915.4
Initial payment.
Status: in_force

(a) Commission payment required.--Within 20 days after the effective date of this section, the commission shall pay to the department an amount equal to $62,500,000, which shall be deposited into the Public Transportation Trust Fund. The amount paid shall represent 25% of the amount the department is required to deposit into the Public Transportation Trust Fund under 74 Pa.C.S. § 1506(b)(1)(i)(A) (relating to fund) and is payable by the commission under the lease agreement.

(b) Use of payment.--The department shall allocate the funds received under subsection (a) pursuant to 74 Pa.C.S. Ch. 15 (relating to sustainable mobility options).

(c) Credits.--The payment made by the commission under this section shall be credited against the total amount payable by the commission under the lease agreement for the 2007-2008 fiscal year. (July 18, 2007, P.L.169, No.44, eff. imd.)

2007 Amendment. Act 44 added section 8915.4.
75 Pa.C.S. § 2102 — PA Code / Title 75 / Chapter 21 / Section 2102
Identification markers and license or road tax registration card required.
Status: in_force

(a) General rule.--The Secretary of Revenue shall provide identification markers as follows:

(1) Qualified motor vehicles subject to IFTA shall be issued identification markers (decals) and a license as required by IFTA.

(2) Qualified motor vehicles not subject to IFTA shall be issued identification markers and a road tax registration card.

(3) All qualified motor vehicles required to display the identification markers shall permanently affix such identification markers on the exterior portion of both sides of the cab and shall follow the directions as indicated on the reverse side of the identification marker.

(4) A legible copy of the IFTA license (cab card) issued to the motor carrier shall be carried in the cab of any qualified motor vehicle subject to IFTA. The road tax registration card issued to any qualified motor vehicle not subject to IFTA shall be carried in the cab of the vehicle.

(5) The identification markers, road tax registration card and any IFTA license issued by the Secretary of Revenue shall remain the property of the Commonwealth and may be recalled for any violation of the provisions of this chapter,
75 Pa.C.S. § 1924 — PA Code / Title 75 / Chapter 19 / Section 1924
Farm vehicles.
Status: in_force

(a) General rule.--The annual fee for registration of a farm vehicle shall be $110 or one-third of the regular fee, whichever is greater.

(b) Certificate of exemption.--The biennial processing fee for a certificate of exemption issued in lieu of registration of a farm vehicle shall be determined by the type of certificate

issued and the gross weight or combination weight or weight rating according to the following table: Fee Weight in pounds Certificate type $24 10,000 or less Type A

greater than 10,000 and Type B not exceeding 17,000

greater than 17,000 Type C

greater than 17,000 Type D (July 20, 1979, P.L.168, No.55, eff. imd.; May 20, 1993, P.L.30, No.10, eff. 60 days; Dec. 7, 1994, P.L.820, No.115, eff. 60 days; July 6, 1995, P.L.246, No.30, eff. imd.; Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997; Oct. 24, 2012, P.L.1407, No.174, eff. 60 days; Nov. 25, 2013, P.L.974, No.89, eff. July 1, 2014) 2013 Amendment. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations. 1997 Amendment. See section 20 of Act 3 in the appendix to this title for special provisions relating to additional revenue from fee increases. 1995 Amendment. See section 5 of Act 30 in the appendix to this title for special provisions relating to equipment standards and inspection criteria. Cross References. Section 1924 is referred to in section 9511.11 of this title.
75 Pa.C.S. § 1131 — PA Code / Title 75 / Chapter 11 / Section 1131
Applicability of subchapter.
Status: in_force

This subchapter does not apply to or affect:

(1) A lien given by statute or rule of law to a supplier of services or materials for the vehicle.

(2) A lien given by statute to the United States, the Commonwealth or any political subdivision.

(3) A security interest in a vehicle which is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind.

(4) Any vehicle for which a certificate of title is not required under this chapter. (June 8, 2001, P.L.123, No.18, eff. July 1, 2001) 2001 Amendment. Act 18 amended par. (3).
75 Pa.C.S. § 9019 — PA Code / Title 75 / Chapter 90 / Section 9019
Diesel fuel importers and transporters; prohibiting use of dyed diesel fuel on highways; violations and penalties.
Status: in_force

(a) Diesel fuel transporters.--

(1) A person must obtain a diesel fuel transporter's permit in order to import, export or transport within this Commonwealth diesel fuel, other than dyed diesel fuel, via a pipeline or by means of a tank-truck vehicle, railroad tank car or vessel with a capacity of 2,000 gallons or more. The permit application must be filed with the department upon a form prescribed by the department.

(2) A fee of $5 shall be charged by the department for the issuance of a permit.

(3) Every person required to obtain a permit under paragraph (1) shall report under oath or affirmation to the department on or before the last day of each month for the preceding month all deliveries of diesel fuel, other than dyed diesel fuel, and retail deliveries of kerosene in quantities of less than 300 gallons per delivery to any point within this Commonwealth, including any interstate or intrastate movements of diesel fuel and any exports. The form shall be prescribed by the department and may require any of the following:

(i) The names and addresses of the cosigner and cosignee, the seller or other party from whom the diesel fuel was received, the buyer or other party to whom the diesel fuel was delivered and points to and from which the diesel fuel was shipped or delivered.

(ii) The method of shipment or delivery.

(iii) The number of gallons.

(4) All shipments of diesel fuel, including dyed diesel fuel, shall be accompanied by sales delivery tickets or bills of lading. Shipments for which the required documentation does not accompany the shipment or for which the notice required with respect to dyed diesel fuel does not comply with the requirements of subsection (b) shall be presumed to not be shipments of dyed diesel fuel.

(b) Notices with respect to dyed diesel fuel.--

(1) A notice, stating: DYED DIESEL FUEL, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE, shall be:

(i) Provided by the terminal operator to any person that receives dyed diesel fuel at a terminal rack of that operator.

(ii) Provided by the seller of dyed diesel fuel to its buyer if the fuel is located outside the bulk transfer or terminal system and is not sold from a retail pump posted in accordance with the requirements of subparagraph (iii).

(iii) Posted by a seller on any retail pump where it sells dyed diesel fuel for use by its buyer.

(2) The notice required under paragraph (1)(i) or (ii) shall be provided by the time of the removal or sale and shall appear on shipping papers, bills of lading and invoices accompanying the sale or removal of the fuel.

(3) The department may designate any Federal notice provision which is substantially similar to a provision of this subsection as satisfying any notice requirement of this subsection.

(c) Dyed diesel fuel not to be used on public highways.--

(1) A person may not operate a motor vehicle on the public highways of this Commonwealth if the fuel supply tanks of the vehicle contain dyed diesel fuel unless permitted to do so under a Federal law or regulation relating to the use of dyed diesel fuel on the highways.

(2) A person may not sell or deliver any dyed diesel fuel knowing or having reason to know that the fuel will be consumed in a highway use. A person who dispenses dyed diesel fuel from a retail pump that is not properly labeled with the notice required by subsection (b) or who knowingly delivers dyed diesel fuel into the storage tank of such a pump shall be presumed to know the fuel will be consumed on the highway.

(d) Violations.--A person may not do any of the following:

(1) Import, export or transport within this Commonwealth diesel fuel, other than dyed diesel fuel, without the permit required under subsection (a)(1).

(2) Transport diesel fuel in this Commonwealth without the permit required under subsection (a)(1).

(3) Operate a motor vehicle on the public highways of this Commonwealth with dyed diesel fuel in the fuel supply tank except as provided in subsection (c)(1).

(4) Sell or deliver dyed diesel fuel from a retail pump unless the pump is properly labeled as required under subsection (b).

(e) Criminal penalty.--A person who violates any provision of subsection (d) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $2,000 or to imprisonment for not more than 90 days, or both.

(f) Civil penalty.--In addition to any penalty provided in subsection (d), a person who violates subsection (c)(1) or (2) shall be assessed a penalty of $1,000 or $10 per gallon of dyed diesel fuel involved in the sale, delivery or consumption, whichever amount is more. This amount shall be multiplied by the number of prior penalties imposed on the violator under this subsection. The resulting product shall be the penalty to be imposed.

(g) Enforcement.--

(1) Any revenue enforcement agent or other person authorized by the department may enter any place where fuels are produced or stored and may physically inspect any tank, reservoir or other container that can be used for the production, storage or transportation of diesel fuel, diesel fuel dyes or diesel fuel markers. Inspection may also be made of any equipment used for or in connection with the production, storage or transportation of diesel fuel, diesel fuel dyes or diesel fuel markers. This includes any equipment used for the dyeing or marking of diesel fuel. Books, records and other documents may be inspected to determine tax liability. An agent may detain a vehicle, vessel or railroad tank car placed on a customer's siding for use or storage for the purpose of inspecting fuel tanks or fuel storage tanks as necessary to determine the amount and composition of the fuel. An agent may take and remove samples of diesel fuel in reasonable quantities necessary to determine the composition of the fuel.

(2) A person that refuses to allow an inspection as provided in this subsection commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $1,000 nor more than $2,000 for each refusal.
75 Pa.C.S. § 3345 — PA Code / Title 75 / Chapter 33 / Section 3345
Meeting or overtaking school bus.
Status: in_force

(a) Duty of approaching driver when red signals are flashing.--Except as provided in subsection (g), the driver of a vehicle meeting or overtaking any school bus stopped on a highway or trafficway shall stop at least ten feet before reaching the school bus when the red signal lights on the school bus are flashing and the side stop signal arms are activated under section 4552(b.1) (relating to general requirements for school buses). The driver shall not proceed until the flashing red signal lights are no longer actuated. In no event shall a driver of a vehicle resume motion of the vehicle until the school children who may have alighted from the school bus have reached a place of safety. The driver of a vehicle approaching an intersection at which a school bus is stopped shall stop his vehicle at that intersection until the flashing red signal lights are no longer actuated.

(a.1) Reports by school bus operators.--

(1) The operator of a school bus who observes a violation of subsection (a) may prepare a signed, written report which indicates that a violation has occurred. To the extent possible, the report shall include the following information:

(i) Information, if any, pertaining to the identity of the alleged violator.

(ii) The license number and color of the vehicle involved in the violation.

(iii) The time and approximate location at which the violation occurred.

(iv) Identification of the vehicle as an automobile, station wagon, motor truck, motor bus, motorcycle or other type of vehicle.

(v) Whether the school bus is equipped with a side stop signal arm enforcement system under section 3345.1 (relating to automated enforcement of failure to stop for school bus with flashing red lights).

(2) Within 48 hours after the violation occurs, the school bus operator shall deliver a copy of the report to a police officer having authority to exercise police power in the area where the violation occurred. If the police officer believes that the report establishes a sufficient basis for the issuance of a citation, the officer shall file a citation and the report with the issuing authority. If the issuing authority determines that the report and citation establish a sufficient basis for the issuance of a summons, a summons shall be issued in accordance with general rules governing the institution of proceedings in summary traffic offense cases. The issuing authority shall send the defendant a copy of the citation, together with a statement that it was filed by the police officer named in the citation on the basis of information received.

(3) A person may institute a proceeding pursuant to this subsection or in accordance with any means authorized by the Rules of Criminal Procedure.

(b) Duty of approaching driver when amber signals are flashing.--The driver of a vehicle meeting or overtaking any school bus shall proceed past the school bus with caution and shall be prepared to stop when the amber signal lights are flashing.

(c) Use of red signals.--The red visual signals shall be actuated by the driver of every school bus whenever the vehicle is stopped on a highway or trafficway for the purpose of receiving or discharging school children, except as provided in subsections (e) and (f). The signals shall not be terminated until the school children who may have alighted from the school bus have reached a place of safety or until boarding school children have completed boarding the bus.

(d) Use of amber signals.--The amber visual signals shall be actuated by the driver of every school bus not more than 300 feet nor less than 150 feet prior to making a stop for the purpose of receiving or discharging school children and shall remain in operation until the red visual signals are actuated. Amber signals shall not be used unless the red visual signals are to be actuated immediately following.

(e) Limitations on use of signals.--The visual signals required in the regulations shall not be actuated on streets in urban districts designated by the department or local authorities, at intersections or other places where traffic is controlled by uniformed police officers or appropriately attired persons authorized to direct, control or regulate traffic, or in school bus loading areas designated by the department or local authorities when the bus is entirely off the roadway.

(f) Operation for nonschool purposes.--When a school bus is being operated upon a highway for purposes other than the actual transportation of school children to or from school or in connection with school activities, all markings indicating "SCHOOL BUS" shall be covered or concealed. During such operation, the flashing visual signals shall not be actuated.

(f.1) Use of school buses for transportation of disabled persons.--Whenever a school bus is being used upon a highway or trafficway for the transportation of disabled persons

exclusively and the school bus is equipped with red signal lights, the driver of the school bus may actuate the signal lights in the same manner as set forth in this section regarding the transportation of school children. The driver of a vehicle approaching the school bus shall have the same duties regarding stopping, passing and overtaking as he does with respect to a school bus carrying school children.

(g) Exceptions from stopping requirements.--The driver of a vehicle upon a highway or trafficway with separate roadways need not stop upon meeting or passing a school bus with actuated red signal lights which is on a different roadway.

(h) Loading zones for school children.--Every school district transporting school children by school bus shall establish and maintain school bus loading zones at or near all schools to or from which school children are transported and shall establish school bus loading zones along the highways and trafficways traversed by school buses in accordance with regulations promulgated by the department.

(i) Mandatory use of loading zones.--Whenever school bus loading zones have been established at or near a school or along a highway or trafficway, it is unlawful for a school bus operator to stop the bus to pick up or discharge school children at any location other than at the loading zones. A list of approved loading zones for the route of the bus shall be carried by the operator.

(j) Penalty.--A person who violates subsection (a) or (f.1) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $250 and a $35 surcharge. The surcharge shall be deposited into the School Bus Safety Grant Program Account. (Mar. 29, 1984, P.L.155, No.30, eff. 60 days; Dec. 19, 1988, P.L.1290, No.163, eff. imd.; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Oct. 24, 2018, P.L.1154, No.159, eff. 6 months; Oct. 23, 2023, P.L.134, No.19, eff. 60 days) 2023 Amendment. Act 19 amended subsec. (a.1)(1)(v). 2018 Amendment. Act 159 amended subsecs. (a.1)(1) and (j). 1998 Amendment. Act 151 amended subsecs. (a), (c), (f.1),

(g), (h) and (i). 1984 Amendment. Act 30 amended subsec. (j) and added subsecs. (a.1) and (f.1). Cross References. Section 3345 is referred to in sections 1535, 1553, 3101, 3345.1, 4552, 4553, 6506 of this title.
75 Pa.C.S. § 1354.1 — PA Code / Title 75 / Chapter 13 / Section 1354.1
United States Olympic plate.
Status: in_force

(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. (July 2, 2014, P.L.988, No.109, eff. 120 days) 2014 Amendment. Act 109 added section 1354.1.
75 Pa.C.S. § 1958 — PA Code / Title 75 / Chapter 19 / Section 1958
Certificate of inspection.
Status: in_force

(a) General rule.--The department shall charge $5 for each annual certificate of inspection, $3 for each semiannual certificate of inspection and $2 for each certificate of exemption.

(b) Credit.--(Expired). (June 18, 1980, P.L.229, No.68, eff. 60 days; May 26, 1982, P.L.435, No.129, eff. imd.; Dec. 14, 1992, P.L.870, No.139, eff. 60 days; Nov. 25, 2013, P.L.974, No.89, eff. July 1, 2014)

Amendment. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations. 1996 Expiration. Subsection (b) expired December 31, 1996. See Act 139 of 1992. Cross References. Section 1958 is referred to in section 1904 of this title.
75 Pa.C.S. § 9023 — PA Code / Title 75 / Chapter 90 / Section 9023
Application of Prevailing Wage Act to locally funded highway and bridge projects.
Status: in_force

(a) Public work.--For locally funded highway and bridge projects, the term "public work" as used in the act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act, shall mean construction, reconstruction, demolition, alteration and repair work, other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body if the estimated cost of the total project is in excess of $100,000. The term shall not include work performed under a rehabilitation or manpower training program.

(b) Applicability.--This section shall apply to a contract entered on or after the effective date of this section.

(c) Definition.--As used in this section, the term "locally funded" means a highway or bridge project that is funded entirely by funds:

(1) paid to counties under section 9010(b) (relating to disposition and use of tax), including borrowed funds under section 9010(b)(2)(ii), whether expended by the county or allocated or apportioned to political subdivisions;

(2) allocated or appropriated to municipalities under the act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal Allocation Law;

(3) made available to municipalities from the Highway Bridge Improvement Restricted Account within the Motor License Fund for expenditure on bridge rehabilitation, replacement and removal projects pursuant to the act of December 8, 1982 (P.L.848, No.235), known as the Highway-Railroad and Highway Bridge Capital Budget Act for 1982-1983, and its supplements;

(4) awarded to municipalities as transportation enhancement grants under section 3116 (relating to automated red light enforcement systems in first class cities) or 3117 (relating to automated red light enforcement systems in certain municipalities);

(5) allocated from municipal budgetary sources using revenues derived through municipal taxes or fees; or

(6) allocated to municipalities under 58 Pa.C.S. (relating to oil and gas). (Nov. 25, 2013, P.L.974, No.89, eff. January 1, 2014)

Amendment. Act 89 added section 9023. Section 43(4) of Act 89 provided section 9023 shall apply to contracts entered into on or after January 1, 2014. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
75 Pa.C.S. § 1161 — PA Code / Title 75 / Chapter 11 / Section 1161
Certificate of salvage required.
Status: in_force

(a) General rule.--Except as provided in sections 1162 (relating to transfer to vehicle salvage dealer) and 1163 (relating to transfer to scrap metal processor), a person, including an insurer or self-insurer as defined in section 1702 (relating to definitions), who owns, possesses or transfers a vehicle located or registered in this Commonwealth which qualifies as a salvage vehicle shall make application to the department for a certificate of salvage for that vehicle.

(b) Application for certificate of salvage.--An owner who transfers a vehicle to be destroyed or dismantled, salvaged or recycled shall assign the certificate of title to the person to whom the vehicle is transferred. Except as provided in section 1163, the transferee shall immediately present the assigned certificate of title to the department or an authorized agent of the department with an application for a certificate of salvage upon a form furnished and prescribed by the department. An insurer as defined in section 1702 to which title to a vehicle is assigned upon payment to the insured or claimant of the replacement value of a vehicle shall be regarded as a transferee under this subsection, and an assignment of title to an insurer under this subsection is exempt from the requirements of notarization and verification in section 1111(a) (relating to transfer of ownership of vehicle). If an owner retains possession of a vehicle which is damaged to the extent that it qualifies for vehicle replacement payment, the owner shall apply for a certificate of salvage immediately. In this case, an insurer shall not pay vehicle replacement value until the owner produces evidence to the insurer that the certificate of salvage has been issued. A self-insurer as defined in section 1702 shall apply for a certificate of salvage when a vehicle is damaged to the extent that the cost of repairs would exceed the replacement value of the vehicle as certified by a licensed motor vehicle physical damage appraiser.

(c) Issuance and effect of certificate of salvage.--Upon proper application for a certificate of salvage, the department or agent of the department shall issue to the transferee a certificate of salvage which shall authorize the holder to possess or by endorsement transfer ownership of the salvage vehicle. A certificate of title or registration shall not again

be issued or renewed for the vehicle except upon application containing the information the department requires, accompanied by any necessary documents required under section 1165 (relating to reconstructed vehicles).

(d) Out-of-State salvage vehicles.--The owner of a salvage vehicle possessing a valid certificate of title or certificate of salvage from a state or jurisdiction other than this Commonwealth does not need to apply for a certificate under subsection (a). If the owner wishes to transfer the salvage vehicle, the owner shall make application to the department and attach the out-of-State certificate of title or certificate of salvage along with any other information and documents the department reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of security interests in the vehicle. The person identified on the application must be located or the owner or lienholder must be domiciled in this Commonwealth to qualify for issuance of a certificate of salvage by the department.

(e) Certificate not to be assigned in blank.--No person shall make application for or assign or physically possess a certificate of salvage or direct or allow another person in his employ or control to make application for or assign or physically possess a certificate of salvage unless the name and address of the transferee is placed on the assignment of the certificate of salvage simultaneously with the name of the transferor.

(f) Repairs to personal vehicle.--Nothing herein shall require a vehicle owner to obtain a certificate of salvage to repair or replace parts or component parts which malfunction or wear out as a result of normal use and operation which has occurred after the vehicle was transferred to the owner. (Oct. 24, 2012, P.L.1431, No.178, eff. 60 days) 2012 Amendment. Act 178 amended subsec. (b). Cross References. Section 1161 is referred to in sections 1162, 6308 of this title.
75 Pa.C.S. § 77A03 — PA Code / Title 75 / Chapter 77 / Section 77A03
Operation by persons under 16 years of age.
Status: in_force

A person under 12 years of age may not operate a golf cart. A person between 12 and 16 years of age may not drive a golf cart across any highway unless the person is under the direct supervision of a person 18 years of age or older.
75 Pa.C.S. § 1798.2 — PA Code / Title 75 / Chapter 17 / Section 1798.2
Transition.
Status: in_force

(a) Savings provision.--Notwithstanding the repeal of
75 Pa.C.S. § 9005 — PA Code / Title 75 / Chapter 90 / Section 9005
Taxpayer.
Status: in_force

(a) Duty of distributor.--Every distributor using or delivering liquid fuels and fuels upon which a tax is imposed by this chapter shall pay the tax into the State Treasury through the department.

(b) Delivery between distributors.--

(1) Whenever liquid fuels and fuels are delivered within this Commonwealth by one distributor to another distributor holding a permit under this chapter, the distributor receiving the liquid fuels and fuels shall separately show, in that distributor's monthly reports to the department, all such deliveries from each distributor and shall pay the liquid fuels and fuels tax provided for by this chapter upon all such liquid fuels and fuels used or sold and delivered within this Commonwealth.

(2) The distributor making deliveries under paragraph

(1) shall separately show those deliveries in that distributor's monthly reports to the department and shall then be exempt from the payment of the tax which would otherwise be imposed upon the liquid fuels and fuels so delivered.

(3) The distributor shall furnish to the department such information concerning such deliveries as the department may require.

(4) The department shall furnish to any distributor, upon request, a list of distributors holding permits under this chapter and their addresses.

(c) Recovery of tax payment.--Distributors may add the amount of the tax to the price of liquid fuels and fuels sold by them and shall state the rate of the tax separately from the price of the liquid fuels and fuels on all price display signs, sales or delivery slips, bills and statements which advertise or indicate the price of liquid fuels and fuels.

(d) Penalty.--A person who violates this section commits a summary offense. Cross References. Section 9005 is referred to in section 9002 of this title.
75 Pa.C.S. § 9502 — PA Code / Title 75 / Chapter 95 / Section 9502
Imposition of tax.
Status: in_force

(a) General rule.--

(1) An "oil company franchise tax for highway maintenance and construction" which shall be an excise tax of 60 mills is hereby imposed upon all liquid fuels and fuels as defined and provided in Chapter 90 (relating to liquid

fuels and fuels tax), and such tax shall be collected as provided in section 9004(b) (relating to imposition of tax, exemptions and deductions). Of the amount collected in fiscal year 2015-2016, and each fiscal year thereafter, $35,000,000 shall be deposited in the Multimodal Transportation Fund established under 74 Pa.C.S. § 2102 (relating to Multimodal Transportation Fund), to be expended in accordance with section 11 of Article VIII of the Constitution of Pennsylvania.

(2) An additional 55 mills is hereby imposed on all liquid fuels and fuels as defined and provided in Chapter 90 and such tax shall also be collected as provided in section 9004(b), the proceeds of which shall be distributed as follows:

(i) Forty-five percent to county maintenance districts for highway maintenance for fiscal year 2013-2014, 29% for fiscal year 2014-2015, 25% for fiscal year 2015-2016 and 19% for fiscal year 2016-2017 and each year thereafter. This allocation shall be made according to the formula provided in section 9102(b)(2) (relating to distribution of State highway maintenance funds). This allocation shall be made in addition to and not a replacement for amounts normally distributed to county maintenance districts under section 9102.

(ii) Fourteen percent for highway capital projects for fiscal year 2013-2014, 30% for fiscal year 2014-2015, 34% for fiscal year 2015-2016 and 40% for fiscal year 2016-2017 and each year thereafter. Annually, until fiscal year 2023-2024, an amount equal to 15% of all appropriations to the department for highway and bridge capital programs shall be distributed at the discretion of the secretary from the amount distributed under this subparagraph.

(iii) Thirteen percent for bridges.

(iv) Two percent for bridges identified as county or forestry bridges. Distribution under this subparagraph shall be in the ratio of:

(A) the square footage of deck areas, as reported as part of the National Bridge Inspection Standards Program, of a county's county-owned bridges; to

(B) the total square footage of deck area, as reported as part of the National Bridge Inspection Standards Program, of all county-owned bridges in this Commonwealth.

(v) Twelve percent for local roads pursuant to section 9511(c) (relating to basic allocation to municipalities).

(vi) Fourteen percent for toll roads designated pursuant to the act of September 30, 1985 (P.L.240, No.61), known as the Turnpike Organization, Extension and Toll Road Conversion Act, to be appropriated under section 9511(h).

(3) An additional 38.5 mills is hereby imposed upon all liquid fuels and fuels as defined and provided in Chapter 90, and such tax shall also be collected as provided in section 9004(b), the proceeds of which shall be deposited in The Motor License Fund and distributed as follows:

(i) Twelve percent to municipalities on the basis of and subject to the provisions of the act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal Allocation Law, is appropriated.

(ii) Sixty-eight percent to the department for distribution in accordance with section 9102(b)(2) for fiscal year 2013-2014; 49% for fiscal year 2014-2015 and 40% for each fiscal year thereafter.

(iii) Twenty percent to the department for expanded highway and bridge maintenance for fiscal year 2013-2014; 39% for fiscal year 2014-2015 and 48% for each fiscal year thereafter to be distributed as follows:

(A) Annually, 15% of the amount deposited in a fiscal year shall be distributed at the discretion of the secretary.

(B) Any funds deposited but not distributed under clause (A) shall be distributed in accordance with the formula under section 9102(b)(2).

(C) Temporary transfers of funds may be made between counties if required for project cash flow.

(4) An additional 55 mills is hereby imposed upon all fuels as defined and provided in chapter 90 and such tax shall also be collected as provided in section 9004(b) upon such fuels, the proceeds of which shall be deposited in The Highway Bridge Improvement Restricted Account within the Motor License Fund and is hereby appropriated.

(5) An additional 64 mills in calendar year 2014, 49 mills in calendar year 2015, 48 mills in calendar year 2016, 41 mills in calendar year 2017 and 39 mills in each calendar year thereafter, is imposed upon all liquid fuels and fuels as defined and provided in Chapter 90; and the tax shall also be collected as provided in section 9004(b) upon such fuels. The proceeds of the tax shall be deposited and distributed as follows:

(i) Four and seventeen hundredths percent to the Liquid Fuels Tax Fund of the State Treasury. The money paid into that fund is specifically appropriated for the purposes set forth in section 9010 (relating to disposition and use of tax).

(ii) Ninety-five and eighty-three hundredths percent to the Motor License Fund. This money is specifically appropriated for the same purposes for which money in the Motor License Fund is appropriated by law. Twenty percent of the money under this subparagraph shall be allocated to municipalities in accordance with section 9511(d).

(b) Other taxes unaffected.--The tax imposed by this chapter is in addition to all other taxes imposed by this chapter or any other statute.

(c) Preemption of local taxes.--The tax imposed by this chapter shall automatically preempt any like tax or any tax on the privilege of processing or refining any petroleum product taxable under this chapter or any other refined product of crude oil imposed by any political subdivision of this Commonwealth. This preemption shall not extend to any local, personal or real property tax of general application or to any tax imposed by the Commonwealth.

(d) Proof of use for nontaxable purpose.--(Deleted by amendment).

(e) Absence of proof of use for nontaxable purpose.--(Deleted by amendment).

(f) Change to use for taxable purpose.--(Deleted by amendment).

(g) Credit in absence of proof of nontaxable purpose.--(Deleted by amendment).

(h) False information concerning product use.--(Deleted by amendment).

(i) Election to be taxed as oil company.--(Deleted by amendment).

(j) Limitation on collection of tax.--(Deleted by amendment).

(k) Motor carriers road tax.--(Deleted by amendment). (Dec. 7, 1982, P.L.820, No.229, eff. imd.; Dec. 8, 1982, P.L.842, No.234, eff. imd.; July 22, 1983, P.L.122, No.32, eff. 15 days; July 13, 1987, P.L.303, No.56, eff. imd.; Aug. 5, 1991, P.L.238, No.26; Apr. 16, 1992, P.L.169, No.31, eff. 60 days; Apr. 17, 1997, P.L.6, No.3; Nov. 25, 2013, P.L.974, No.89)

Amendment. Act 89 amended subsec. (a), effective immediately as to subsec. (a)(1), (2)(i) and (ii), (3), (4) and

(5), and July 1, 2014, as to subsec. (a)(2)(iv). See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations. 1997 Amendment. Act 3 amended subsec. (a) and deleted subsecs. (d), (e), (f), (g), (h), (i), (j) and (k), effective May 1, 1997, as to subsec. (a)(3), October 1, 1997, as to subsec. (a)(4) and July 1, 1997, as to the remainder of subsec.

(a) and subsecs. (d), (e), (f), (g), (h), (i), (j) and (k). 1982 Amendments. Acts 229 and 234 amended subsecs. (b) and

(g), retroactive to July 1, 1981. The amendments by Acts 229 and 234 are identical and therefore have been merged. References in Text. The act of September 30, 1985 (P.L.240, No.61), known as the Turnpike Organization, Extension and Toll Road Conversion Act, was repealed by the act of July 18, 2007 (P.L.169, No.44). Cross References. Section 9502 is referred to in sections 9002, 9003, 9006, 9010, 9013, 9014, 9017, 9024, 9101, 9106, 9511, 9511.11, 9805 of this title; section 2104 of Title 74 (Transportation).
75 Pa.C.S. § 6110.1 — PA Code / Title 75 / Chapter 61 / Section 6110.1
Fare evasion.
Status: in_force

(a) Penalty.--A person that violates a regulation of the Pennsylvania Turnpike Commission prohibiting fare evasion or attempted fare evasion commits a summary offense and shall, upon conviction, be sentenced to pay a fine according to the classification by the commission of the vehicle driven by that person at the time of violation as follows:

(1) Class 1 through 2: $100.

(2) Class 3 through 6: $500.

(3) Class 7 and higher: $1,000.

(b) Affirmative action.--A person that intentionally or knowingly takes an affirmative action in an attempt to evade tolls incurred for travel upon the Pennsylvania turnpike or a road under its control commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to:

(1) pay a fine of $3,000 for a first offense; and

(2) pay a fine of $6,500 or to imprisonment of not more than six months, or both, for a second or subsequent offense.

(c) Construction.--Prosecution of a violation of this section shall not preclude prosecution under section 1332 (relating to display of registration plate), 1380 (relating to suspension of registration upon unpaid tolls), 7122 (relating to altered, forged or counterfeit documents and plates) or 7124 (relating to fraudulent use or removal of registration plate).

(d) Restitution.--In addition to the fines imposed under this section, restitution shall be made to the commission in an amount equal to the full fare, for the appropriate vehicle class, from the farthest point of entry on the turnpike to the actual point of exit.

(e) Deposit of fines.--Notwithstanding the provision of any other law, the fines collected under subsections (a) and (b) shall be deposited into the Motor License Fund.

(f) Definition.--As used in this section, the term "affirmative action" includes:

(1) operating a vehicle without a license plate and valid vehicle registration;

(2) operating a vehicle without a valid electronic toll collection device and installing a mechanism which rotates, changes, blocks or otherwise mechanically alters the ability of a license plate to be read by a toll collection system;

(3) installing a device upon a vehicle which serves the sole purpose of masking, hiding or manipulating the true weight of the vehicle as it appears to a mechanical scale;

(4) conspiring with an individual or group of individuals to alter, lower or evade payment of correct tolls;

(5) unauthorized use of a Pennsylvania Turnpike private gate access or otherwise unauthorized movement entering or exiting the turnpike other than at approved tolling points; and

(6) operating a vehicle without a valid electronic toll collection device and altering, obstructing, covering,

distorting, manipulating or removing a license plate from a vehicle to impede electronic toll collection. (Nov. 25, 2013, P.L.974, No.89, eff. 60 days; Nov. 3, 2022, P.L.1734, No.112, eff. 60 days) 2022 Amendment. Act 112 amended subsecs. (c) and (f).

Amendment. Act 89 added section 6110.1. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
75 Pa.C.S. § 3525 — PA Code / Title 75 / Chapter 35 / Section 3525
Protective equipment for motorcycle riders.
Status: in_force

(a) Protective headgear.--Except as provided in subsection

(d), no person shall operate or ride upon a motorcycle or a motor-driven cycle (other than a motorized pedalcycle) unless he is wearing protective headgear which complies with standards established by the department.

(b) Eye-protective devices.--No person shall operate or ride upon a motorcycle (other than a motorized pedalcycle or a three-wheeled motorcycle equipped with an enclosed cab) unless he is wearing an eye-protective device of a type approved by the department.

(c) Approval of equipment.--The department may approve or disapprove protective headgear and eye-protective devices required under this section and may issue and enforce regulations establishing standards and specifications for the approval of the headgear and devices. The department shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved.

(d) Exception.--The provisions of subsection (a) shall not apply to the following:

(1) The operator or any occupant of a three-wheeled motorcycle equipped with an enclosed cab.

(2) A person 21 years of age or older who has been licensed to operate a motorcycle for not less than two full calendar years.

(3) A person 21 years of age or older who has completed a motorcycle rider safety course approved by the department or the Motorcycle Safety Foundation.

(4) The passenger of a person exempt under this subsection if the passenger is 21 years of age or older. (Feb. 15, 1980, P.L.12, No.8, eff. imd.; July 8, 1986, P.L.432, No.90, eff. 60 days; July 6, 2003, P.L.19, No.10, eff. 60 days) Cross References. Section 3525 is referred to in section 3314 of this title.
75 Pa.C.S. § 4301 — PA Code / Title 75 / Chapter 43 / Section 4301
Promulgation of regulations by department.
Status: in_force

The department shall promulgate regulations governing the number, visibility, color, size, type, construction, location and use of lamps, other lighting equipment and any retroreflective surfaces on vehicles.
75 Pa.C.S. § 9817 — PA Code / Title 75 / Chapter 98 / Section 9817
Timely mailing treated as timely filing and payment (Repealed).
Status: repealed

1995 Repeal. Section 9817 was repealed December 20, 1995, P.L.669, No.75, effective January 1, 1996.
75 Pa.C.S. § 4107 — PA Code / Title 75 / Chapter 41 / Section 4107
Unlawful activities.
Status: in_force

(a) Violation of vehicle equipment standards.--

(1) Except as otherwise provided, it is unlawful for any person to sell, offer for sale, lease, install or replace, either separately or as part of the equipment of a vehicle, any item of vehicle equipment affecting the operation of the vehicle which does not comply with this title or regulations promulgated thereunder, or which does not comply with an applicable Federal motor vehicle safety standard adopted by regulation by the department.

(2) Any person convicted of violating this subsection shall be subject to a civil penalty of not more than $100 for each violation. Each violation of the provisions of this subsection shall constitute a separate violation with respect to each motor vehicle or item of motor vehicle equipment or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty shall not exceed $10,000 for any related series of violations.

(b) Other violations.--Except as otherwise provided, it is unlawful for any person to do any of the following:

(1) Willfully or intentionally remove (other than for purposes of repair and replacement) or render inoperative, in whole or in part, any item of vehicle equipment which was required to be installed at the time of manufacture or thereafter upon any vehicle, by any law, rule, regulation or requirement of any officer or agency of the United States or of the Commonwealth, if it is intended that the vehicle be operated upon the highways of this Commonwealth unless the removal or alteration is specifically permitted by this title or by regulations promulgated by the department.

(2) Operate, or cause or permit another person to operate, on any highway in this Commonwealth any vehicle or combination which is not equipped as required under this part or under department regulations or when the driver is in violation of department regulations or the vehicle or combination is otherwise in an unsafe condition or in violation of department regulations.

(2.1) Operate a motor carrier vehicle, bus or school bus the brake system of which is in such condition that further operation would be hazardous under section 4704(c)(1) (relating to inspection by police or Commonwealth personnel).

(3) Do any act forbidden by this part or fail to perform any act required under this part.

(b.1) Out-of-service criteria.--No person shall operate a motor carrier vehicle or cause, permit, require or otherwise allow any other person to operate a motor carrier vehicle in violation of driver out-of-service criteria or standards periodically adopted by the United States Department of Transportation and adopted by reference by the department under the provisions of section 6103 (relating to promulgation of rules and regulations by department). The department shall coordinate with the Pennsylvania Public Utility Commission in the enforcement of this subsection and 66 Pa.C.S. § 3312 (relating to evasion of motor carrier and broker regulations).

(b.2) Vehicle doors.--

(1) If a vehicle is registered under section 1301 (relating to registration and certificate of title required)

and equipped from the original manufacturer with manufacturer-designed and manufacturer-installed removable doors with the intention to allow removal and reinstallation by the vehicle owner, that vehicle may be operated on the roadways of this Commonwealth with the manufacturer-designed and manufacturer-installed doors removed or equipped with nonoriginal equipment manufacturer doors. When the manufacturer-designed and manufacturer-installed doors are removed, the vehicle shall have side mirrors, including the original manufacturer side mirrors, or installed side mirrors attached by the vehicle owner. This subsection shall not limit or otherwise impact section 4534 (relating to rearview mirrors) or 4581 (relating to restraint systems). To comply with section 4702 (relating to requirement for periodic inspection of vehicles), a vehicle under this subsection shall be inspected with the manufacturer-designed and manufacturer-installed doors attached.

(2) As used in this subsection, the term "nonoriginal equipment manufacturer door" shall mean a vehicle door that is not originally equipped by the manufacturer, including a tube door, half door or net door.

(c) Use of certain equipment unaffected.--This part shall not be construed to:

(1) Prohibit the use of parts or equipment required by the National Traffic and Motor Vehicle Safety Act of 1966 (80 Stat. 718, 15 U.S.C. § 1381) or the use of any other parts or accessories on any vehicle not inconsistent with the provisions of this title or regulations promulgated thereunder.

(2) Limit the use of independent after market repair and service parts in the repair of vehicles and items of vehicle equipment unless in violation of the provisions of this title or regulations promulgated thereunder.

(d) Penalty.--

(1)

(i) Except as provided in subparagraph (ii), a person who operates a motor carrier vehicle or a bus in violation of subsection (b)(2) commits a summary offense and, upon conviction, shall be sentenced to pay a fine of $25 per violation, except that the minimum fine for a violation not related to driver's hours of service which causes the driver or the vehicle to be placed out of service under section 4704(c) (relating to inspection by police or Commonwealth personnel) shall be $50 per violation. The maximum fine which may be levied on the basis of multiple charges filed together shall be $500.

(ii) A person who operates a motor carrier vehicle, bus or school bus in violation of subsection (b)(2.1) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $150, except that, if multiple charges are filed together, the fine shall be $300 per violation.

(2)

(i) Except as provided in subparagraph (ii), a person who causes, permits, requires or otherwise allows another person to operate a motor carrier vehicle or a bus in violation of subsection (b)(2) commits a summary offense and, upon conviction, shall be sentenced to pay a fine of $50 per violation, except that the minimum fine for a violation not related to driver's hours of service which causes the driver or the vehicle to be placed out of service under section 4704(c) shall be $100 per violation. The maximum fine which may be levied

on the basis of multiple charges filed together shall be $1,000.

(ii) A person who causes, permits, requires or otherwise allows another person to operate a motor carrier vehicle, bus or school bus in violation of subsection (b)(2.1) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $300, except that, if multiple charges are filed together, the fine shall be $600 per violation.

(3) Any person who violates subsection (b.1) as it relates to driver's hours of service commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500 per violation.

(4) The department shall coordinate with the commission in the enforcement of this subsection and 66 Pa.C.S. § 3312(a).

(e) Exception for certain frozen dessert trucks.--Any frozen dessert truck which is equipped with a side stop signal arm and flashing or revolving red or amber lights may be operated within this Commonwealth without violating the provisions of this part and sections 4552 (relating to general requirements for school buses), 4571 (relating to visual and audible signals on emergency vehicles) and 4572 (relating to visual signals on authorized vehicles) so long as the side stop signal arm and the flashing or revolving red or amber lights are not utilized or activated within this Commonwealth. (June 19, 1985, P.L.49, No.20, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. imd.; June 19, 2001, P.L.281, No.21, eff. imd.; Dec. 23, 2002, P.L.1982, No.229, eff. 6 months; July 5, 2005, P.L.100, No.37; Dec. 18, 2007, P.L.436, No.67, eff. 60 days; July 15, 2024, P.L.742, No.61, eff. 60 days) 2024 Amendment. Act 61 amended subsecs. (a)(1) and (b) intro. par. and added subsec. (b.2). Section 3 of Act 61 provided that any regulations or parts of regulations that are inconsistent with Act 61 are abrogated to the extent of the inconsistency. 2007 Amendment. Act 67 amended subsec. (d)(3). 2002 Amendment. Act 229 amended subsecs. (b) and (d). 2001 Amendment. Act 21 amended subsec. (d) and added subsec.

(b.1). 1998 Amendment. Act 151 added subsec. (e). References in Text. Section 3312(a) of Title 66 (Public Utilities), referred to in subsec. (d)(4), does not exist. Cross References. Section 4107 is referred to in sections 4581, 6309 of this title.
75 Pa.C.S. § 9021 — PA Code / Title 75 / Chapter 90 / Section 9021
Certified copies of records.
Status: in_force

The fee for a certified copy or certified photostatic copy of any department record shall be $1. Fees shall not be charged for certified copies or certified photostatic copies of any department record furnished to Federal, State, county or municipal authorities.
75 Pa.C.S. § 9511.2 — PA Code / Title 75 / Chapter 95 / Section 9511.2
Special revenue bonds.
Status: in_force

(a) Payment source.--A special revenue bond, note or other obligation issued under this chapter:

(1) shall not be deemed to be a debt or liability of the Commonwealth;

(2) shall not create or constitute any indebtedness, liability or obligation of the Commonwealth; and

(3) shall be payable solely from pledged revenues.

(b) Statement.--A special revenue bond, note or other obligation issued under this chapter must contain a statement on its face that:

(1) the Commonwealth is not obligated to pay the bond, note or obligation or the interest on it except from pledged revenues; and

(2) neither the faith and credit, nor the taxing power of the Commonwealth is pledged to the payment of the principal or interest of the bond, note or obligation.

(c) Taxation.--The issuance of a special revenue bond, note or other obligation under this chapter shall not directly, indirectly or contingently obligate the Commonwealth to levy a tax or to make an appropriation for payment. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 9511.2.

Cross References. Section 9511.2 is referred to in sections 8901, 9501, 9511.11 of this title.
75 Pa.C.S. § 7714 — PA Code / Title 75 / Chapter 77 / Section 7714
Exemptions from registration (Repealed).
Status: repealed

2001 Repeal. Section 7714 was repealed June 25, 2001, P.L.701, No.68, effective in 120 days.
75 Pa.C.S. § 7724 — PA Code / Title 75 / Chapter 77 / Section 7724
Operation on private or State property.
Status: in_force

(a) Private real property.--

(1) No person shall operate a snowmobile or an ATV on private real property without the consent of the owner thereof. Any person operating a snowmobile or an ATV upon lands of another shall stop and identify himself upon the request of the landowner or his duly authorized representatives and, if requested to do so by the landowner, shall promptly remove the snowmobile or ATV from the premises.

(2) When a person operates a snowmobile or an ATV in a manner as to violate section 3717 (relating to trespass by motor vehicle), the applicable fines, penalties and suspensions provided in this title for violation of section 3717 shall apply to this subsection.

(b) State property.--

(1) No person shall operate a snowmobile or an ATV on State-owned property except on clearly marked and previously designated snowmobile or ATV routes or as expressly permitted by the Commonwealth.

(2)

(i) The department may designate any road within a State Park or State Forest over which the department has jurisdiction as a snowmobile road or an ATV road, or both, and may, in its discretion, determine whether the road shall be closed to vehicular traffic or whether snowmobiles and ATV's may share the designated road with vehicular traffic. Adequate notices of such designation and determination shall be sufficiently and prominently displayed.

(ii) No person shall operate a snowmobile or ATV on State park or State forest land except as follows:

(A) A person may operate a snowmobile on a road, trail or area that is designated and marked by the department as open for snowmobile use or on which the person has been given specific written permission to operate the snowmobile.

(B) A person may operate a Class I ATV on a road, trail or area that is designated and marked by the department as open for ATV use or on which the person has been given specific written permission to operate the ATV.

(C) A person may operate a Class II ATV on a road, trail or area if the person has been given specific written permission by the department to operate a Class II ATV on the road, trail or area. (July 11, 1985, P.L.220, No.56, eff. 60 days; July 1, 1990, P.L.312, No.70, eff. 60 days; June 25, 2001, P.L.701, No.68, eff. imd.) Cross References. Section 7724 is referred to in section 7725 of this title.
75 Pa.C.S. § 1369.4 — PA Code / Title 75 / Chapter 13 / Section 1369.4
USA semiquincentennial registration plates.
Status: in_force

(a) General rule.--The department shall design a special USA semiquincentennial registration plate.

(b) Application and payment.--Upon application and payment of a fee of $52 by a person, which shall be in addition to the registration fee, the department shall issue a USA semiquincentennial registration plate for a motorcycle, a passenger car or a truck with a registered gross weight of not more than 14,000 pounds or a motor home.

(b.1) Disposition of fee.--The Semiquincentennial Restricted Account is established in the State Treasury. Twenty-five dollars of the fee under subsection (b) shall be deposited into the Semiquincentennial Restricted Account for use by the Pennsylvania Commission for the United States Semiquincentennial for activities related to the semiquincentennial.

(c) Description of plate.--The plate shall include the phrase "Let Freedom Ring - 250 years" and feature the Liberty Bell.

(d) Expiration.--This section shall expire December 31, 2026. (July 1, 2020, P.L.555, No.48, eff. 120 days; July 7, 2022, P.L.503, No.51, eff. 60 days) 2022 Amendment. Act 51 amended subsec. (b) and added subsec.

(b.1). 2020 Amendment. Act 48 added section 1369.4.
75 Pa.C.S. § 1954 — PA Code / Title 75 / Chapter 19 / Section 1954
Approval of vehicle equipment and testing devices.
Status: in_force

The department is authorized to charge reasonable fees for the approval of vehicle equipment and testing devices under the provisions of section 4104 (relating to testing and approval of equipment) except that:

(1) fees for other testing shall be based on the cost of operating the department equipment approval program and shall not exceed similar fees charged by the American Association of Motor Vehicle Administrators; and

(2) no fee shall be charged for approval based on certifications of the American Association of Motor Vehicle Administrators.
75 Pa.C.S. § 1922 — PA Code / Title 75 / Chapter 19 / Section 1922
Implements of husbandry.
Status: in_force

The annual fee for registration of an implement of husbandry not exempt from registration under this title shall be $26. (Apr. 17, 1997, P.L.6, No.3, eff. July 1, 1997; Nov. 25, 2013, P.L.974, No.89, eff. July 1, 2014) 2013 Amendment. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations. 1997 Amendment. See section 20 of Act 3 in the appendix to this title for special provisions relating to additional revenue from fee increases. Cross References. Section 1922 is referred to in section 9511.11 of this title.
75 Pa.C.S. § 9622 — PA Code / Title 75 / Chapter 96 / Section 9622
Reciprocal agreements.
Status: in_force

(a) General rule.--The Secretary of Revenue may enter into, modify or terminate agreements with other states relating to the collection of motor carriers road taxes, such as the International Fuel Tax Agreement, Regional Fuel Tax Agreement or similar agreements.

(b) Provisions.--Such agreements may provide for the cooperation and assistance among member states in the administration, collection and enforcement of the motor carriers road tax and similar taxes of other states and may include, but not be limited to:

(1) Base-state jurisdiction over tax reporting, licensing and collections.

(2) Auditing of motor carriers on a joint or cooperative basis.

(3) Provisions for the transfer of funds collected to other jurisdictions as required by the agreement.

(4) Assessment and collection by the base state of tax, penalties and interest owed to other member jurisdictions.

(5) The exchange of information among member jurisdictions and with any repository of the agreement.

(6) Enforcement of sanctions against any carrier whose license has been revoked by any member jurisdiction.

(7) Filing of bonds to protect the interests of member jurisdictions.

(8) Suspension or revocation of the license of a motor carrier for failure to comply with all applicable provisions of the agreement.

(9) Issuance of refunds or credits.

(10) Such other provisions as will facilitate the administration of the agreement.

(c) Exchange of information.--Notwithstanding section 731 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, any information relating to taxes collected pursuant to any agreement authorized by this section, including any information concerning motor fuel taxes relating to such taxes collected, may be exchanged or shared with any agency, department or instrumentality of any member jurisdiction with authority under the laws of that jurisdiction to administer or enforce motor vehicle or taxation laws or with any instrumentality or repository of any agreement.

(d) Uniform penalties and interest.--Such agreement may specify uniform provisions relating to penalties and interest for late reporting or payment, appeal periods and other matters relating to administration and procedure under the agreement, and the uniform provisions may be adopted notwithstanding any law to the contrary upon a finding by the secretary that adoption of these uniform provisions is necessary for compliance with any Federal mandates pertaining to the collection of road use taxes or reasonably necessary to facilitate uniformity; however, the rate of motor carriers road tax and the definition of a "qualified motor vehicle" subject to tax may not be affected by any such agreement or amendment thereto.

(e) Appropriation.--So much of the funds collected pursuant to any such agreement, including, but not limited to, any taxes, fees, penalties or interest imposed by this chapter, as shall be necessary for the payment of refunds under this chapter or any such agreement, including, but not limited to, any amounts required to be paid to other states pursuant to such agreement, are hereby appropriated to the Department of Revenue for such purposes.

(f) Foreign countries.--For purposes of this section, the words "state" and "jurisdiction" shall include a foreign country and any state, province or other similar subdivision thereof. (June 11, 1992, P.L.266, No.47, eff. 60 days; Dec. 20, 1995, P.L.669, No.75, eff. imd.)
75 Pa.C.S. § 3369 — PA Code / Title 75 / Chapter 33 / Section 3369
Automated speed enforcement systems in active work zones.
Status: in_force

(a) Establishment.--A program is established to provide for automated speed enforcement systems in active work zones.

(b) Applicability.--This section shall apply to Federal aid highways only under the jurisdiction of the department and the Pennsylvania Turnpike Commission. An automated speed enforcement system may not be used unless:

(1) At least two appropriate warning signs are conspicuously placed before the active work zone notifying the public that an automated speed enforcement system is in use.

(2) The first warning sign under paragraph (1) shall:

(i) Be the largest size available in conformance with Federal regulations, unless the department or the Pennsylvania Turnpike Commission determines that a smaller size is necessary to ensure the safety of the work zone.

(ii) Clearly and accurately indicate if the automated speed enforcement system is active and in use.

(iii) Be placed at least 1,000 feet before the active work zone, unless the department or the Pennsylvania Turnpike Commission determines that a lesser distance is necessary to ensure the safety of the work zone, comply with Federal regulations or provide adequate traffic control in the work zone and is capable of providing the most advanced notification as practical.

(iv) Be followed immediately by the posted speed limit of the active work zone and prior to the placement of the automated speed enforcement system.

(3) An appropriate sign is conspicuously placed in the middle, if appropriate, and at the end of the active work zone.

(3.1) The posted speed limit of the active work zone is placed at an appropriate location within the active work zone to provide adequate notice to drivers.

(4) A notice identifying the location of the specific highway segment where the automated speed enforcement system is in use and posted at the active work zone and on the department's or Pennsylvania Turnpike Commission's publicly accessible Internet website. The notice on the websites shall remain throughout the period of use.

(c) Liability.--Driving in excess of the posted speed limit in an automated speed enforcement work area by at least 11 miles per hour is a violation of this section.

(c.1) Owner liability.--For each violation under this section, the owner of the motor vehicle shall be liable for the penalty imposed unless the owner is convicted of the same violation under another provision of this title or has a defense under subsection (g). For the purposes of this section, the lessee of a leased vehicle shall be considered the owner of a motor vehicle.

(d) Notice of violation.--

(1)

(i) An action to enforce this section shall be initiated by an administrative notice of violation to the owner of a motor vehicle identified by an automated speed enforcement system as violating this section. A notice of violation based upon inspection of recorded images produced by an automated speed enforcement system and sworn or affirmed by an authorized member of the Pennsylvania State Police shall be prima facie evidence of the facts contained in the notice. The Pennsylvania State Police shall receive certification from the department, the Pennsylvania Turnpike Commission or the system administrator when an automated speed enforcement system is active in accordance with subsection (b).

(ii) The notice of violation must include written verification that the automated speed enforcement system was operating correctly at the time of the alleged violation and the date of the most recent inspection that confirms the automated speed enforcement system to be operating properly.

(iii) An automated speed enforcement system operator shall complete training offered by the manufacturer or vendor of the automated speed enforcement system, including training on any devices critical to the operation of the system, or the manufacturer's or vendor's representative in the procedures for setting up, testing and operating an automated speed enforcement system. Upon completion of the training, the manufacturer or vendor or manufacturer's or vendor's representative shall issue a signed certificate to the automated speed enforcement system operator, which shall be admitted as evidence in any court proceeding for a violation involving an automated speed enforcement system. An automated speed enforcement system operator shall fill out and sign a daily log for an automated speed enforcement system, which:

(A) states the date, time and location of the system setup;

(B) states that the automated speed enforcement system operator successfully performed and the

automated speed enforcement system passed the self-tests specified by the manufacturer or vendor of the automated speed enforcement system;

(C) shall be kept on file; and

(D) shall be admitted in any proceeding for a violation involving an automated speed enforcement system.

(iv) An automated speed enforcement system shall undergo an annual calibration check performed by a calibration laboratory. The calibration laboratory shall issue a signed certificate of calibration after the annual calibration check, which shall be kept on file and shall be admitted as evidence in any proceeding for a violation involving an automated speed enforcement system.

(v) The following shall be attached to the notice of violation:

(A) A copy of the recorded image showing the motor vehicle with its license plate visible.

(B) The registration number and state of issuance of the motor vehicle registration.

(C) Verification that the automated speed enforcement system was operating correctly at the time of the alleged violation and the date of the most recent inspection that confirms the automated speed enforcement system to be operating properly.

(D) The date, time and place of the alleged violation.

(E) Notice that the violation charged is under this section.

(F) Instructions for return of the notice of violation.

(2) In the case of a violation involving a motor vehicle subject to the laws of this Commonwealth, the notice of violation shall be mailed within 30 days after the commission of the violation or within 30 days after the discovery of the identity of the owner, whichever is later, to the address of the owner as listed in the records of the department.

(3) In the case of a violation involving a motor vehicle from a jurisdiction other than this Commonwealth, the notice of violation shall be mailed within 30 days after the discovery of the identity of the owner to the address of the owner as listed in the records of the official in the jurisdiction having charge of the registration of the vehicle.

(4) A notice of violation shall be invalid unless provided to the owner within 90 days of the offense.

(5) The notice shall include the following text: This notice shall be returned personally, by mail or by an agent duly authorized in writing, within 30 days of the mailing date of the notice. A hearing may be obtained upon the written request of the owner.

(6) Notice of violation must be sent by first class mail. A manual or automatic record of mailing prepared by the system administrator in the ordinary course of business shall be prima facie evidence of mailing and shall be admissible in a judicial or administrative proceeding as to the facts contained in the notice.

(e) Penalty.--

(1) If a person violates this section as a first offense, the person shall receive a written warning.

(2) The penalty for a violation under this section shall be a fine of $75 for the second offense and $150 for the third and subsequent offenses, and the fine shall not be subject to 42 Pa.C.S. § 3571 (relating to Commonwealth portion of fines, etc.) or 3573 (relating to municipal corporation portion of fines, etc.).

(2.1) A person does not commit a second or subsequent offense unless the second offense occurs at least 15 days after the mailing date of the written warning.

(3) The fine or warning is not authorized during times when the automated speed enforcement work area is not active and not in use.

(4) A penalty imposed under this section shall not:

(i) be deemed a criminal conviction;

(ii) be made part of the operating record of the individual upon whom the penalty is imposed under section 1535 (relating to schedule of convictions and points);

(iii) be the subject of merit rating for insurance purposes; or

(iv) authorize imposition of surcharge points in the provision of motor vehicle insurance coverage.

(5) If a person who has a prior violation of this section before the effective date of this paragraph commits another violation of this section after the effective date of this paragraph, the violation after the effective date of this paragraph shall be deemed a first offense and any violation occurring after that violation shall constitute an additional offense.

(f) Limitations.--

(1) Recorded images collected as part of the automated speed enforcement system may record only violations of this section and may not be used for any other surveillance purposes. The restrictions provided in this paragraph shall not preclude a court of competent jurisdiction from issuing an order directing that the information be provided to law enforcement officials, if the information is requested solely in connection with a criminal law enforcement action and is reasonably described.

(2) Notwithstanding any other provision of law, information gathered and maintained under this section that is kept by the Commonwealth, its authorized agents or its employees, including recorded images, written records, motor vehicle information, reports or facsimiles, names and addresses, shall be for the exclusive purpose of discharging its duties under this section. The information shall not be deemed a public record under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. The information shall not be discoverable by court order or otherwise or be admissible as evidence in a proceeding except to determine liability under this section. The restrictions provided in this paragraph shall not preclude a court of competent jurisdiction from issuing an order directing that the information be provided to law enforcement officials, if the information is requested solely in connection with a criminal law enforcement action and is reasonably described.

(3) Recorded images obtained through the use of automated speed enforcement systems deployed as a means of promoting traffic safety in automated speed enforcement work areas shall be destroyed within one year of final disposition of a notice of violation, except that images subject to a court order under paragraph (1) or (2) shall be destroyed within two years after the date of the order, unless further

extended by court order. The department, the Pennsylvania Turnpike Commission or the system administrator shall retain evidence that the records have been destroyed in accordance with this section.

(4) Notwithstanding any other provision of law, motor vehicle owner information obtained as a result of the operation of an automated speed enforcement system under this section shall be the exclusive property of the Commonwealth and not the property of the manufacturer or vendor of the automated speed enforcement system and may not be used for a purpose other than prescribed in this section.

(5) An intentional violation of this subsection shall constitute a misdemeanor of the third degree punishable by a $500 fine. Each violation shall constitute a separate and distinct offense.

(g) Defenses.--

(1) It shall be a defense to a violation under this section that the motor vehicle was reported to a police department as stolen prior to the time the violation occurred and was not recovered prior to that time.

(2) It shall be a defense to a violation under this section that the person receiving the notice of violation was not the owner of the motor vehicle at the time of the offense.

(3) It shall be a defense to a violation under this section that the automated speed enforcement system being used to determine speed was not in compliance with section 3368 (relating to speed timing devices) with respect to testing for accuracy, certification or calibration.

(4) It shall be a defense to a violation under this section that the person named in the notice of the violation was not driving the motor vehicle at the time of the violation. The department or system administrator may require the owner to submit evidence that the owner was not the driver at the time of the alleged violation. The owner of the motor vehicle may not be required to disclose the identity of the driver of the motor vehicle at the time of the violation.

(h) Authority and duties of department and Pennsylvania Turnpike Commission.--

(1) The department and Pennsylvania Turnpike Commission shall establish an automated speed enforcement system program.

(2)

(i) The department and Pennsylvania Turnpike Commission may promulgate regulations for the certification and the use of automated speed enforcement systems.

(ii) In order to facilitate the prompt implementation of this section, regulations promulgated by the department and Pennsylvania Turnpike Commission under this section shall be deemed temporary regulations and not subject to:

(A) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.

(B) Section 204(b) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.

(C) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(3)

(i) The department and Pennsylvania Turnpike Commission shall serve directly or through a contracted

private service with a manufacturer or vendor as the system administrator of the program. Compensation under a contract authorized by this paragraph shall be based only upon the value of equipment and services provided or rendered in support of the automated speed enforcement system program and may not be based on the quantity of notices of violation issued or amount of fines imposed or generated.

(ii) The system administrator shall prepare and issue notices of violation.

(iii) Two restricted accounts are established in the State Treasury for fines remitted under this section to the department and Pennsylvania Turnpike Commission, respectively. The system administrator of the department or Pennsylvania Turnpike Commission, if any, shall send an invoice to the department or Pennsylvania Turnpike Commission based, respectively, on the services under subparagraph (i) and the Pennsylvania State Police under subsection (d)(1)(i). The department, Pennsylvania Turnpike Commission and the Pennsylvania State Police shall use the appropriate restricted account to pay for the administration of the program and the system administrator's invoice costs, if applicable. Remaining fines shall be allocated by the department or Pennsylvania Turnpike Commission to develop a Work Zone and Highway Safety Program. At a minimum, funds from the Work Zone and Highway Safety Program shall be used for improvement projects, enforcements and countermeasures to improve the safety in work zones and on highways. Funds may also be used to increase awareness of distracted driving and transportation enhancements established under section 3116 (relating to automated red light enforcement systems in first class cities).

(A) (Deleted by amendment).

(B) (Deleted by amendment).

(C) (Deleted by amendment).

(iv) (Deleted by amendment).

(v) (Deleted by amendment).

(vi) (Deleted by amendment).

(vii) (Deleted by amendment).

(viii) The system administrator shall provide an appropriate form by which owners of the motor vehicles may challenge a notice of violation. A hearing to contest liability may be in person or be conducted through live-stream synchronous video conferencing or similar virtual presence technology and shall be only at reasonable times set by the system administrator. Challenges to be heard in person shall be conducted in, at least, Erie, Harrisburg, Philadelphia, Pittsburgh and Scranton. The form may be included with or as part of the notice of violation.

(4) Not later than April 1 annually, the department, the Pennsylvania Turnpike Commission and the Pennsylvania State Police shall submit a report on the program for the preceding calendar year to the chairperson and minority chairperson of the Transportation Committee of the Senate and the chairperson and minority chairperson of the Transportation Committee of the House of Representatives. The report shall be a public record under the Right-to-Know Law and include:

(i) The number of vehicular accidents and related serious bodily injuries and deaths in all work zones and

in automated speed enforcement work areas where the program operated.

(ii) Speed data.

(iii) The number of notices of violation issued and contested.

(iv) The amount of fines imposed and collected.

(v) Amounts paid under contracts authorized by this section.

(vi) (Deleted by amendment).

(vii) Use of funds under paragraph (3)(iii).

(i) Payment of fine.--

(1) An owner of a motor vehicle may admit responsibility for the violation and pay the fine provided in the notice personally, through an authorized agent, electronically or by mailing both payment and the notice of violation to the system administrator.

(2) Payment by mail must be made only by money order, credit card or check made payable to the Commonwealth, the Pennsylvania Turnpike Commission or the system administrator, as applicable.

(3) Payment of the fine shall operate as a final disposition of the case.

(4) If payment is not received within 90 days of the mailing of the notice of violation, the department or Pennsylvania Turnpike Commission may request an applicable credit collection agency to resolve the payment amount owed.

(j) Contest.--

(1) An owner of a motor vehicle may, within 30 days of the mailing date of the notice, request a hearing to contest liability by appearing before the system administrator either personally or by an authorized agent or by sending a request on the prescribed form. A hearing to contest liability may be in person or be conducted through live-stream synchronous video conferencing or similar virtual presence technology as described under subsection (h)(3)(viii).

(2) Upon receipt of a hearing request, the system administrator shall in a timely manner schedule the matter before a hearing officer designated by the department or Pennsylvania Turnpike Commission. Written notice of the date, time and place of hearing must be presented or sent by first class mail to the owner of the motor vehicle.

(3) The hearing shall be informal and the rules of evidence shall not apply. The decision of the hearing officer shall be made within 45 days from the hearing date and shall be final, subject to the right of the owner of the motor vehicle to appeal the decision under paragraph (4).

(4) If, within 45 days of issuance of the decision of the hearing officer, the owner of the motor vehicle requests in writing an appeal of the decision of the hearing officer, the owner of the motor vehicle shall file the notice of violation and supporting documents with the office of the magisterial district judge for the magisterial district where the violation occurred, and a magisterial district judge shall hear and decide the matter de novo and shall be restricted to finding an owner liable or not liable for violating this section.

(k) Expiration.--(Deleted by amendment). (Oct. 19, 2018, P.L.563, No.86; Dec. 14, 2023, P.L.344, No.38) 2023 Amendment. Act 38 amended subsecs. (b), (c.1), (d)(1),

(2), (3), (4) and (5), (e), (f), (g), (h)(1), (3) and (4), (i) and (j) and deleted subsec. (k), effective immediately as to

the amendment of subsec. (k) and 60 days as to the remainder of the section. 2018 Amendment. Act 86 added section 3369. Section 6 of Act 86 provided that subsec. (c) shall take effect 60 days after publication in the Pennsylvania Bulletin and 120 days as to the remainder of the section. See section 4 of Act 86 in the appendix to this title for special provisions relating to notice.
75 Pa.C.S. § 1581 — PA Code / Title 75 / Chapter 15 / Section 1581
Driver's License Compact.
Status: in_force

The Driver's License Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:
75 Pa.C.S. § 1605 — PA Code / Title 75 / Chapter 16 / Section 1605
Employer responsibilities.
Status: in_force

(a) Requirements.--Each employer shall require the applicant to provide the information specified in section 1604(c) (relating to notification requirements for drivers). Each employer shall inform the applicant that the information he provides in accordance with section 1604(c) may be used and the

applicant's previous employers may be contacted for the purpose of investigating the applicant's work history.

(b) Prohibitions.--No employer shall knowingly allow, require, permit or authorize a driver to drive a commercial motor vehicle:

(1) during any period in which:

(i) the driver's license was suspended, revoked or canceled by a state;

(ii) the driver has lost the privilege to drive a commercial motor vehicle in a state;

(iii) the driver has been disqualified from driving a commercial motor vehicle;

(iv) the driver is not licensed to drive a commercial vehicle;

(v) the driver is not qualified by a license restriction or required class or endorsement to operate the commercial vehicle being driven; or

(vi) the driver, or the commercial motor vehicle the driver is driving, or the motor carrier operation is subject to an out-of-service order;

(2) during any period in which the driver has more than one driver's license; or

(3) in violation of a Federal, State or local law or regulation pertaining to railroad-highway grade crossing.

(c) Test vehicles.--Each employer shall provide a representative vehicle to any employee who as a result of the Commercial Motor Vehicle Safety Act of 1986 (Public Law 99-570, 49 U.S.C. app. § 2701 et seq.) must obtain a commercial driver's license to continue his present occupation. This section includes, but is not limited to, current commercial motor vehicle drivers, construction equipment operators, utility truck operators, mechanics and vehicle inspectors employed prior to March 31, 1992. It is the employer's discretion to provide a representative vehicle to any employee who wishes to obtain a commercial driver's license if the Commercial Motor Vehicle Safety Act of 1986 does not require the employee to obtain a commercial driver's license for his current position.

(d) Test dates.--An employer shall provide a commercial driver the necessary time off for a driver to take the required knowledge exam and skills test when the tests have been scheduled.

(e) Penalties.--Any person who violates any provision of this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $1,000, except that if the violation relates to an out-of-service order, then the person shall, upon conviction, be sentenced to pay a fine of $2,750. (Dec. 18, 2007, P.L.436, No.67, eff. 60 days; Oct. 24, 2012, P.L.1473, No.187, eff. 60 days; Oct. 22, 2015, P.L.199, No.49, eff. 60 days) 2015 Amendment. Act 49 amended subsec. (b)(1)(v). 2012 Amendment. Act 187 amended subsec. (b).
75 Pa.C.S. § 1911 — PA Code / Title 75 / Chapter 19 / Section 1911
Registration fees.
Status: in_force

(a) General rule.--A fee for the registration of vehicles as provided in Chapter 13 (relating to the registration of vehicles) shall be charged by the department as provided in this title.

(b) Department to establish certain fees.--If a vehicle to be registered is of a type not specifically provided for by this title and is otherwise eligible for registration, the department shall determine the most appropriate fee or fee schedule for the vehicle or type of vehicle based on such factors as design and intended use. (Nov. 25, 2013, P.L.974, No.89, eff. Dec. 31, 2016) 2013 Amendment. See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
75 Pa.C.S. § 9511.9 — PA Code / Title 75 / Chapter 95 / Section 9511.9
Special revenue refunding bonds.
Status: in_force

The commission is authorized to provide, by resolution, for the issuance of special revenue refunding bonds of the commission for the purpose of refunding any special revenue bonds, notes or other obligations issued under the provisions of this chapter and then outstanding. The issuance of the special revenue refunding bonds, the maturities and other details of the bonds, the rights of the holders of the bonds and the duties of the department and of the commission with respect to the bonds shall be governed by the provisions of this chapter. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 9511.9. Cross References. Section 9511.9 is referred to in section 9511.4 of this title.
75 Pa.C.S. § 4703 — PA Code / Title 75 / Chapter 47 / Section 4703
Operation of vehicle without official certificate of inspection.
Status: in_force

(a) General rule.--Except as otherwise provided in this section, no motor vehicle required to bear current registration plates issued by this Commonwealth and no farm vehicle with a gross weight or gross vehicle weight rating of greater than 17,000 pounds for which a Type D biennial certificate of exemption has been issued shall be driven and no trailer required to bear current registration plates issued by this Commonwealth shall be moved on a highway and no mass transit vehicle shall be operated unless the vehicle displays a currently valid certificate of inspection issued under this chapter.

(b) Exceptions.--Subsection (a) does not apply to:

(1) Special mobile equipment.

(2) Implements of husbandry.

(2.1) Registered commercial implement of husbandry with an implement of husbandry body type.

(3) Motor vehicles being towed.

(4) Motor vehicles being operated or trailers being towed by an official inspection station owner or employee for the purpose of inspection.

(5) Trailers having a registered gross weight of 3,000 pounds or less.

(5.1) A trailer or semitrailer with a gross weight or gross vehicle weight rating of greater than 17,000 pounds displaying a currently valid Federal certificate of inspection.

(6) Motorized pedalcycles.

(7) Vehicles being repossessed by a financier or collector-repossessor business or vehicles enroute to a wholesale vehicle auction by a transporter business using the appropriate miscellaneous motor vehicle business registration plates.

(8) New vehicles while they are in the process of manufacture, including testing, and not in transit from the manufacturer to a purchaser or dealer.

(9) Any military vehicle used for training by a private, nonprofit, tax exempt military educational institution when such vehicle does not travel on public roads in excess of one mile and the property on both sides of the public road is owned by the institution.

(10) A motor vehicle registered as an antique pursuant to section 1340 (relating to antique, classic and collectible plates).

(11) A motor vehicle being operated by the vehicle owner while enroute to an inspection station where an appointment for inspection has been scheduled, provided that such operation occurs no later than ten days after the expiration of a valid certificate of inspection issued under this chapter.

(12) (Deleted by amendment).

(13) New vehicles in the possession of a second-stage manufacturer which are in transit:

(i) from a dealer or distributor for completion; or

(ii) to a dealer or distributor upon completion.

(14) A neighborhood electric vehicle.

(c) Inspection of vehicles reentering this Commonwealth.--Vehicles subject to registration and inspection in this Commonwealth which have been outside this Commonwealth continuously for 30 days or more and which, at the time of reentering this Commonwealth, do not bear a currently valid certificate of inspection shall not be required to be inspected until ten days after reentering this Commonwealth.

(d) Newly-purchased vehicles.--Newly-purchased vehicles may be driven without a current inspection certificate for ten days after sale or resale or entry into this Commonwealth, whichever occurs later.

(e) Display of unauthorized certificate of inspection.--No certificate of inspection shall be displayed unless an official inspection has been made and the vehicle or mass transit vehicle is in conformance with the provisions of this chapter.

(f) Authority of police.--Any police officer may stop any motor vehicle, mass transit vehicle or trailer and require the owner or operator to display an official certificate of inspection for the vehicle being operated. A police officer may summarily remove an unauthorized, expired or unlawfully issued certificate of inspection from any vehicle or mass transit vehicle. For the purposes of administering the requirements of regulations promulgated by the department, a qualified Commonwealth employee or an authorized department representative may remove an unauthorized, expired or unlawfully issued certificate of inspection from any vehicle.

(g) Limitation on prosecution.--A motor vehicle, mass transit vehicle or trailer shall be the subject of only one prosecution under subsection (a) in any 24-hour period.

(h) Penalty.--

(1) Except as provided in paragraph (2), a person violating this section is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of up to $25.

(2) Where the subject vehicle is a motor carrier vehicle, bus or school bus, the police officer or qualified Commonwealth employee shall place the vehicle out of service and require that the vehicle not be operated under its own power until such time as the vehicle is issued a valid official certificate of inspection. In addition, the person violating this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $500. (June 18, 1980, P.L.223, No.67, eff. imd.; June 18, 1980, P.L.229, No.68, eff. 60 days; Mar. 7, 1982, P.L.152, No.49, eff. imd.; May 26, 1982, P.L.435, No.129, eff. imd.; July 10, 1984, P.L.679, No.146, eff. 60 days; Feb. 7, 1990, P.L.11, No.6, eff. 60 days; June 11, 1992, P.L.266, No.47, eff. 60 days; Dec. 18, 1992, P.L.1411, No.174, eff. 60 days; May 20, 1993, P.L.30, No.10, eff. 60 days; Dec. 7, 1994, P.L.820, No.115, eff. 60 days; July 6, 1995, P.L.246, No.30, eff. imd.; Dec. 21, 1998, P.L.1126, No.151; June 22, 2001, P.L.411, No.33, eff. 60 days; Dec. 23, 2002, P.L.1982, No.229, eff. 6 months; July 14, 2005, P.L.285, No.50, eff. 60 days; Oct. 24, 2012, P.L.1407, No.174, eff. 60 days; Oct. 22, 2014, P.L.2543, No.154, eff. May 1, 2015) 2014 Amendment. Act 154 added subsec. (b)(14). 2012 Amendment. Act 174 amended subsec. (a). 2005 Amendment. Act 50 amended subsec. (b). 2002 Amendment. Act 229 amended subsec. (h).

1998 Amendment. Act 151 amended subsecs. (b)(10) and (f) and added subsec. (b)(13), effective immediately as to subsec.

(f) and 60 days as to subsec. (b)(10) and (13). 1995 Amendment. See section 5 of Act 30 in the appendix to this title for special provisions relating to equipment standards and inspection criteria. 1990 Amendment. Act 6 amended subsec. (d). 1982 Amendment. Act 129 amended subsecs. (b), (c) and (d). Cross References. Section 4703 is referred to in section 4729 of this title.
75 Pa.C.S. § 1934 — PA Code / Title 75 / Chapter 19 / Section 1934
General reissuance.
Status: in_force

No fee shall be charged under this title for any registration plate issued as a result of the department's order of a general reissuance of registration plates provided the registration plate is issued at the time designated by the department. This section shall supersede any other provision in this title which prescribes a fee for the issuance of a registration plate. (Dec. 21, 1998, P.L.1126, No.151, eff. July 1, 1999) 1998 Amendment. Act 151 added section 1934. Cross References. Section 1934 is referred to in section 1331 of this title.
75 Pa.C.S. § 6108 — PA Code / Title 75 / Chapter 61 / Section 6108
Power of Governor during emergency.
Status: in_force

(a) General rule.--In the event of a declared National, State or local emergency when the Governor of this Commonwealth has made a specific determination that modification of any of the provisions of this title will aid in the alleviation of the stated emergency conditions, the Governor shall have the power to so modify the provisions on any or all highways in this Commonwealth to be effective at any or all hours of the day or night with respect to any or all types or classes of vehicles. Such modifications shall expire at the end of the emergency period. No person, unless specifically exempted by the terms of the declaration of emergency or by other provisions of the statute or other laws, shall violate any of the terms, conditions, provisions and modifications set forth by the Governor.

(b) Penalty.--Any person violating the provisions of this section, other than violations of section 3362(a)(3) (relating to maximum speed limits), commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $300. This penalty shall be in addition to any other penalties imposed under this title. (Dec. 21, 1998, P.L.1126, No.151, eff. 60 days) Cross References. Section 6108 is referred to in section 8704 of Title 53 (Municipalities Generally).
75 Pa.C.S. § 8901 — PA Code / Title 75 / Chapter 89 / Section 8901
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Annual additional payments." As follows:

(1) During the conversion period and after the conversion date, an amount equal to the scheduled annual commission contribution, minus the sum of:

(i) $200,000,000 paid as annual base payments;

(ii) any Interstate 80 savings for that fiscal year.

(2) If the conversion period has expired and a conversion notice has not been received by the secretary, in each subsequent fiscal year until the end of the term of the lease agreement, the annual additional payments shall be $250,000,000. No annual additional payments shall be due after fiscal year 2021-2022.

"Annual base payments." An amount equal to the sum of the following:

(1) Annual debt service on outstanding bonds issued under section 9511.2 (relating to special revenue bonds) payable as required pursuant to the bonds.

(2) Two hundred million dollars payable annually through fiscal year 2021-2022 in four equal installments each due the last business day of each July, October, January and April.

(3) For fiscal year 2022-2023 and each fiscal year thereafter, the amount shall be $50,000,000 payable annually from then-current revenue.

"Annual surplus payments." An amount equal to the general reserve fund surplus payable for each fiscal year until the end of the term of the lease agreement.

"Auditor General's certificate." The certificate issued by the Auditor General within 180 days after the end of each fiscal year of the Pennsylvania Turnpike Commission certifying all of the following:

(1) The amount of the general reserve fund surplus for the fiscal year.

(2) After review of the commission's current ten-year capital plan, that the transfer of the general reserve fund surplus under section 8915.3 (relating to lease of Interstate 80; related agreements) shall not impair the ability of the commission to meet its obligations under the lease agreement or the commission's ten-year capital plan.

"Commission." The Pennsylvania Turnpike Commission.

"Conversion date." The date set forth in the conversion notice when the Pennsylvania Turnpike Commission intends to exercise its option to convert Interstate 80 to a toll road.

"Conversion notice." Written notice to the Secretary of Transportation from the Pennsylvania Turnpike Commission providing notice of its intent to exercise its options to convert Interstate 80 under section 8915.3(3) (relating to lease of Interstate 80; related agreements).

"Conversion period." A period of three years:

(1) which begins on the date of execution of the lease agreement; and

(2) during which the Pennsylvania Turnpike Commission may give the Department of Transportation conversion notice or notice that the commission has exercised its option to extend the conversion period pursuant to section 8915.3(2) (relating to lease of Interstate 80; related agreements).

"Fiscal year." The fiscal year of the Commonwealth.

"General reserve fund surplus." The amount which:

(1) is certified by the Auditor General in the Auditor General's certificate as existing in the Pennsylvania Turnpike Commission's general reserve fund on the last day of the fiscal year of the commission; and

(2) is not required to be retained in the general reserve fund pursuant to any financial documents, financial covenants, insurance policies, liquidity policies or agreements in effect at the commission.

"Interstate 80 savings." An amount equal to the following:

(1) Prior to the conversion date, the amount shall be zero.

(2) In the first fiscal year, including the conversion date, the amount shall be a pro rata share of $116,985,856 calculated using the number of calendar days in the year after the conversion date divided by 365 days.

(3) In the fiscal year succeeding the year, including the conversion date, the amount shall be $121,665,290.

(4) In subsequent fiscal years, the amount shall be the amount calculated for the previous year increased by 4%.

"Lease agreement." A lease agreement between the Department of Transportation and the Pennsylvania Turnpike Commission which shall include provisions setting forth the terms of the conversion of Interstate 80 to a toll road.

"Scheduled annual commission contribution." The following amounts:

(1) $750,000,000 in fiscal year 2007-2008.

(2) $850,000,000 in fiscal year 2008-2009.

(3) $900,000,000 in fiscal year 2009-2010.

(4) For fiscal year 2010-2011 through fiscal year 2021-2022, the amount shall be the amount calculated for the previous year increased by 2.5%, except that the amount shall be equal to the annual base payments plus $250,000,000 if the conversion notice is not received by the secretary prior to the expiration of the conversion period. For fiscal year 2014-2015 and each fiscal year thereafter through fiscal year 2021-2022, at least $30,000,000 of this amount shall be paid from then-current revenue.

(5) For fiscal year 2022-2023 and each fiscal year thereafter, the amount shall be $50,000,000 payable annually from then-current revenue. (July 18, 2007, P.L.169, No.44, eff. imd.; Nov. 25, 2013, P.L.974, No.89, July 1, 2014)

Amendment. Act 89 amended the defs. of "annual additional payments," "annual base payments" and "scheduled annual commission contribution." See the preamble to Act 89 in

the appendix to this title for special provisions relating to legislative findings and declarations. Cross References. Section 8901 is referred to in section 9501 of this title.
75 Pa.C.S. § 1786 — PA Code / Title 75 / Chapter 17 / Section 1786
Required financial responsibility.
Status: in_force

(a) General rule.--Every motor vehicle of the type required to be registered under this title which is operated or currently registered shall be covered by financial responsibility.

(b) Self-certification.--

(1) The Department of Transportation shall require that each motor vehicle registrant certify that the registrant is financially responsible at the time of registration or renewal thereof. The department shall refuse to register or renew the registration of a vehicle for failure to comply with this requirement or falsification of self-certification.

(2) The department shall verify financial responsibility information self-certified by a motor vehicle registrant through the verification system established under section 1786.1 (relating to online verification of financial responsibility). If the verification system provides no evidence of financial responsibility, the department shall send the owner or registrant a notice providing the owner or registrant the opportunity to provide proof of financial responsibility to the department.

(c) Consent to produce proof of financial responsibility.--

(1) Upon registering a motor vehicle or renewing a motor vehicle registration, the owner of the motor vehicle shall be deemed to have given consent to produce proof, upon request, to the Department of Transportation or a police officer that the vehicle registrant has the financial responsibility required by this chapter. Proof of financial responsibility may be satisfied under this chapter by

production of a financial responsibility identification card in paper or electronic form.

(2) If an owner of a motor vehicle provides electronic proof of financial responsibility to a police officer, the police officer shall only view content that is reasonably necessary to demonstrate proof of financial responsibility.

(3) The owner of the electronic device assumes liability for any damage to the electronic device containing the financial responsibility identification card while in possession of the police officer or agents of the department.

(4) Proof of financial responsibility may be satisfied through the online verification system established under section 1786.1. A motor vehicle owner or registrant is not required to provide a financial responsibility identification card if coverage is confirmed through the online verification system.

(d) Suspension of registration and operating privilege.--

(1) The Department of Transportation shall suspend the registration of a vehicle for a period of three months if it determines the required financial responsibility was not secured as required by this chapter and shall suspend the operating privilege of the owner or registrant for a period of three months if the department determines that the owner or registrant has operated or permitted the operation of the vehicle without the required financial responsibility. The operating privilege shall not be restored until the restoration fee for operating privilege provided by section 1960 (relating to reinstatement of operating privilege or vehicle registration) is paid.

(1.1) In lieu of serving a registration suspension imposed under this section, an owner or registrant may pay to the department a civil penalty of $500, the restoration fee prescribed under section 1960 and furnish proof of financial responsibility in a manner determined by the department. An owner or registrant may exercise this option no more than once in a 12-month period.

(2) Whenever the department revokes or suspends the registration of any vehicle under this chapter, the department shall not restore or transfer the registration until the suspension has been served or the civil penalty has been paid to the department and the vehicle owner furnishes proof of financial responsibility in a manner determined by the department and submits an application for registration to the department, accompanied by the fee for restoration of registration provided by section 1960. This subsection shall not apply in the following circumstances:

(i) The owner or registrant proves to the satisfaction of the department that the lapse in financial responsibility coverage was for a period of less than 31 days and that the owner or registrant did not operate or permit the operation of the vehicle during the period of lapse in financial responsibility.

(ii) The owner or registrant is a member of the armed services of the United States, the owner or registrant has previously had the financial responsibility required by this chapter, financial responsibility had lapsed while the owner or registrant was on temporary, emergency duty and the vehicle was not operated during the period of lapse in financial responsibility. The exemption granted by this paragraph shall continue for 30 days after the owner or registrant returns from duty as long as the vehicle is not operated

until the required financial responsibility has been established.

(iii) The insurance coverage has terminated or financial responsibility has lapsed simultaneously with or subsequent to expiration of a seasonal registration, as provided in section 1307(a.1) (relating to period of registration).

(3) An owner whose vehicle registration has been suspended under this subsection shall have the same right of appeal under section 1377 (relating to judicial review) as provided for in cases of the suspension of vehicle registration for other purposes. The filing of the appeal shall act as a supersedeas, and the suspension shall not be imposed until determination of the matter as provided in section 1377. The court's scope of review in an appeal from a vehicle registration suspension shall be limited to determining whether:

(i) the vehicle is registered or of a type that is required to be registered under this title; and

(ii) there has been either notice to the department of a lapse, termination or cancellation in the financial responsibility coverage as required by law for that vehicle or that the owner, registrant or driver was requested to provide proof of financial responsibility to the department, a police officer or another driver and failed to do so. Notice to the department of the lapse, termination or cancellation or the failure to provide the requested proof of financial responsibility shall create a presumption that the vehicle lacked the requisite financial responsibility. This presumption may be overcome by producing clear and convincing evidence that the vehicle was insured at all relevant times.

(4) Where an owner or registrant's operating privilege has been suspended under this subsection, the owner or registrant shall have the same right of appeal under section 1550 (relating to judicial review) as provided for in cases of suspension for other reason. The court's scope of review in an appeal from an operating privilege suspension shall be limited to determining whether:

(i) the vehicle was registered or of a type required to be registered under this title; and

(ii) the owner or registrant operated or permitted the operation of the same vehicle when it was not covered by financial responsibility. The fact that an owner, registrant or operator of the motor vehicle failed to provide competent evidence of insurance or the fact that the department received notice of a lapse, termination or cancellation of insurance for the vehicle shall create a presumption that the vehicle lacked the requisite financial responsibility. This presumption may be overcome by producing clear and convincing evidence that the vehicle was insured at the time that it was driven.

(5) An alleged lapse, cancellation or termination of a policy of insurance by an insurer may only be challenged by requesting review by the Insurance Commissioner pursuant to
75 Pa.C.S. § 7132 — PA Code / Title 75 / Chapter 71 / Section 7132
Prohibited activities relating to odometers.
Status: in_force

(a) Devices causing improper odometer reading.--No person shall advertise for sale, sell, use or install, or cause to be installed, any device which causes an odometer to register any mileage other than the true mileage driven which is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance.

(b) Change of odometer reading.--No person shall disconnect, reset or alter, or cause to be disconnected, reset or altered, the odometer of any motor vehicle with intent to change the number of miles indicated on the odometer.

(c) Operation with disconnected or nonfunctional odometer.--No person shall, with intent to defraud, operate a motor vehicle on any street or highway knowing that the odometer of that vehicle is disconnected or nonfunctional.

(d) Alteration of true mileage statement.--No person shall falsely alter or cause to be falsely altered an acceptable statement of the true mileage of a motor vehicle in an attempt to conceal the true mileage of the motor vehicle. Any alteration of the true mileage of another vehicle shall, as a matter of law, be evidence of intent to defraud under this chapter. (Mar. 21, 1996, P.L.35, No.11, eff. 60 days) Cross References. Section 7132 is referred to in section 7136 of this title.
75 Pa.C.S. § 1791.2 — PA Code / Title 75 / Chapter 17 / Section 1791.2
Motorcycle marshals.
Status: in_force

A motorcycle driver when operating a motorcycle to guide, usher or otherwise ensure the safety of participants in a bicycle race is neither competing nor participating in the bicycle race for purposes of this chapter. (July 14, 2005, P.L.285, No.50, eff. imd.) 2005 Amendment. Act 50 added section 1791.2.
75 Pa.C.S. § 9007 — PA Code / Title 75 / Chapter 90 / Section 9007
Determination and redetermination of tax, penalties and interest due.
Status: in_force

(a) Determination.--If the department is not satisfied with the report and payment of tax made by any distributor under the provisions of this chapter, it is authorized to make a determination of the tax due by the distributor based upon the facts contained in the report or upon any information within its possession.

(b) Notice.--Promptly after the date of determination, the department shall send by registered mail a copy to the distributor. Within 90 days after the date upon which the copy of the determination was mailed, the distributor may file with the department a petition for redetermination of such tax. A petition for redetermination must state specifically the reasons which the petitioner believes allow the redetermination and must be supported by affidavit that it is not made for the purpose of delay and that the facts set forth are true. The department shall, within six months after the date of a determination, dispose of a petition for redetermination. Notice of the action taken upon any petition for redetermination shall be given to the petitioner promptly after the date of redetermination by the department.

(c) Administrative appeal.--Within 60 days after the date of mailing of notice by the department of the action taken on any petition for redetermination filed with it, the distributor against whom the determination was made may by petition request the Board of Finance and Revenue to review the action. A petition for review must state specifically the reason upon which the petitioner relies or must incorporate by reference the petition for redetermination in which the reasons have been stated. The petition must be supported by affidavit that it is not made for the purpose of delay and that the facts set forth are true. If the petitioner is a corporation or association, the affidavit must be made by one of its principal officers. A petition for review may be amended by the petitioner at any time prior to the hearing. The board shall act finally in disposition of petitions filed with it within six months after they have been received. In the event of the failure to dispose of a petition within six months, the action taken by the department upon the petition for redetermination shall be deemed sustained. The board may sustain the action taken on the petition for redetermination or it may redetermine the tax due upon such basis as it deems according to law and equity. Notice of the action of the board shall be given to the department and to the petitioner.

(d) Sanctions.--If a distributor neglects or refuses to make a report and payment of tax required by this chapter, the department shall estimate the tax due by such distributor and determine the amount due for taxes, penalties and interest. There shall be no right of review or appeal from this determination. Upon neglect or refusal, permits issued to the distributor may be suspended or revoked by the department and required to be surrendered to the department. Cross References. Section 9007 is referred to in section 9017 of this title.
75 Pa.C.S. § 1920.2 — PA Code / Title 75 / Chapter 19 / Section 1920.2
Special procedures for trailer registration.
Status: in_force

(a) General rule.--Application for certificate of title and the registration of a trailer, including a recreational trailer or recreational cargo trailer, shall be made upon an appropriate form furnished by the department. Department information shall contain the definitions of recreational trailer and recreational cargo trailer as set forth under section 102 (relating to definitions).

(b) Penalty.--An applicant who falsely certifies that a trailer is a recreational trailer or recreational cargo trailer on an application for a trailer registration is subject to the penalty under 18 Pa.C.S. § 4904(b) (relating to unsworn falsification to authorities). (Oct. 24, 2018, P.L.881, No.138, eff. one year) 2018 Amendment. Act 138 added section 1920.2.