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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 16 - Commercial Drivers › Section 1621 - Texting while driving

§ 1621. Texting while driving.
(a) Prohibition.--
Except as provided under subsection (c), a driver may not engage in texting while driving a commercial motor vehicle or motor carrier vehicle.
(b) Employer.--
Except as provided under subsection (c), an employer may not permit or require a driver of the employer to engage in texting while driving a commercial motor vehicle or motor carrier vehicle.
(c) Emergency use exception.--
Texting while driving shall be permissible by a driver of a commercial motor vehicle or motor carrier vehicle if necessary to communicate with a law enforcement official or other emergency service.
(d) Penalties.--
(1) A person who violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100.
(2) A person who violates subsection (b) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500.
(e) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Driving."
Operating a commercial motor vehicle or motor carrier vehicle on a highway, with the motor running, including while the commercial motor vehicle or motor carrier vehicle is temporarily stationary because of traffic, a traffic control device or other momentary delay. The term does not include operating a commercial motor vehicle or motor carrier vehicle with or without the motor running if the driver moved the vehicle to the side of or off of a highway and halted in a location where the vehicle can safely remain stationary.
"Electronic device."
An electronic device includes, but is not limited to, a cellular telephone, personal digital assistant, pager, computer or any other device used to input, write, send, receive or read text.
"Texting."
Manually entering alphanumeric text into or reading text from an electronic device. The following shall apply:
(1) The term includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access an Internet web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone or engaging in any other form of electronic text retrieval or entry, for present or future communication.
(2) The term does not include:
(i) Inputting, selecting or reading information on a global positioning system or navigation system.
(ii) Pressing a single button to initiate or terminate a voice communication using a mobile telephone.
(iii) Using a device capable of performing multiple functions, including, but not limited to, fleet management systems, dispatching devices, citizens band radios and music players, for a purpose that is not prohibited by this section.
(June 30, 2014, P.L.814, No.85, eff. 60 days)
2014 Amendment.
Act 85 added section 1621.
Cross References. Section 1621 is referred to in section 1603 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 16 - Commercial Drivers › Section 1622 - Handheld mobile telephone

§ 1622. Handheld mobile telephone.
(a) Commercial motor vehicle.--
Except as provided under subsection (c), a driver may not use a handheld mobile telephone while driving a commercial motor vehicle or motor carrier vehicle.
(b) Employer.--
Except as provided under subsection (c), an employer may not permit or require a driver of the employer to use a handheld mobile telephone while driving a commercial motor vehicle or a motor carrier vehicle.
(c) Emergency use exception.--
Using a handheld mobile telephone shall be permissible by a driver of a commercial motor vehicle or motor carrier vehicle if necessary to communicate with a law enforcement official or other emergency service.
(d) Penalties.--
(1) A person who violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100.
(2) A person who violates subsection (b) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500.
(e) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Driving."
Operating a commercial motor vehicle or motor carrier vehicle on a highway, with the motor running, including while the commercial motor vehicle or motor carrier vehicle is temporarily stationary because of traffic, a traffic control device or other momentary delay. The term does not include operating a commercial motor vehicle or motor carrier vehicle with or without the motor running if the driver moved the vehicle to the side of or off of a highway and halted in a location where the vehicle can safely remain stationary.
"Mobile telephone."
A mobile communication device which uses a commercial mobile radio service, as defined in 47 CFR § 20.3 (relating to definitions). The term does not include two-way or Citizens Band Radio services.
"Use a handheld mobile telephone."
As follows:
(1) Using at least one hand to hold a mobile telephone to conduct a voice communication.
(2) Dialing or answering a mobile telephone by pressing more than a single button.
(3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR § 393.93 (relating to seats, seat belt assemblies, and seat belt assembly anchorages) and adjusted in accordance with the vehicle manufacturer's instructions.
(June 30, 2014, P.L.814, No.85, eff. 60 days)
2014 Amendment.
Act 85 added section 1622.
Cross References. Section 1622 is referred to in section 1603 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Extra - Chapter Notes

Enactment.
Chapter 17 was added February 12, 1984, P.L.26, No.11. Section 12 of Act 12 of 1984
            provided that Act 11 shall take effect October 1, 1984.
Prior Provisions.
Former Chapter 17, which related to the same subject matter, was added June 17, 1976,
            P.L.162, No.81, and repealed February 12, 1984, P.L.26, No.11, effective October 1,
            1984.
Cross References.
Chapter 17 is referred to in sections 1302, 1516, 1614, 4921, 8508 of this title;
            section 6155 of Title 42 (Judiciary and Judicial Procedure); section 57A07 of Title
            53 (Municipalities Generally); section 2603.1 of Title 66 (Public Utilities).
Cross References.
Subchapter B is referred to in sections 1302, 1787, 1797, 1798, 4921 of this title.
Cross References.
Subchapter D is referred to in sections 1787, 1792 of this title.
Cross References.
Subchapter E is referred to in section 1787 of this title.
Cross References.
Subchapter H is referred to in sections 1377, 1550 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1704 - Administration of chapter

§ 1704. Administration of chapter.
(a) General rule.--
Except as provided in subsection (b), the Department of Transportation shall administer and enforce this chapter and may make rules and regulations necessary for the administration and enforcement of this chapter.
(b) Insurance matters.--
The Insurance Department shall administer and enforce those provisions of this chapter as to matters under its jurisdiction as determined by this chapter or other statute and may make rules and regulations necessary for the administration and enforcement of those provisions.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1711 - Required benefits

§ 1711. Required benefits.
(a) Medical benefit.--
An insurer issuing or delivering liability insurance policies covering any motor vehicle of the type required to be registered under this title, except recreational vehicles not intended for highway use, motorcycles, motor-driven cycles or motorized pedalcycles or like type vehicles, registered and operated in this Commonwealth, shall include coverage providing a medical benefit in the amount of $5,000.
(b) Minimum policy.--
All insurers subject to this chapter shall make available for purchase a motor vehicle insurance policy which contains only the minimum requirements of financial responsibility and medical benefits as provided for in this chapter.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Apr. 26, 1989, P.L.13, No.4, eff. June 1, 1989; Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)
Cross References.
Section 1711 is referred to in sections 1718, 1719, 1720, 1721, 1723, 1752, 1787, 1798.1 of this title; section 57A07 of Title 53 (Municipalities Generally); section 2603.1 of Title 66 (Public Utilities).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1713 - Source of benefits

§ 1713. Source of benefits.
(a) General rule.--
Except as provided in section 1714 (relating to ineligible claimants), a person who suffers injury arising out of the maintenance or use of a motor vehicle shall recover first party benefits against applicable insurance coverage in the following order of priority:
(1) For a named insured, the policy on which he is the named insured.
(2) For an insured, the policy covering the insured.
(3) For the occupants of an insured motor vehicle, the policy on that motor vehicle.
(4) For a person who is not the occupant of a motor vehicle, the policy on any motor vehicle involved in the accident. For the purpose of this paragraph, a parked and unoccupied motor vehicle is not a motor vehicle involved in an accident unless it was parked so as to cause unreasonable risk of injury.
(b) Multiple sources of equal priority.--
The insurer against whom a claim is asserted first under the priorities set forth in subsection (a) shall process and pay the claim as if wholly responsible. The insurer is thereafter entitled to recover contribution pro rata from any other insurer for the benefits paid and the costs of processing the claim. If contribution is sought among insurers responsible under subsection (a)(4), proration shall be based on the number of involved motor vehicles.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1714 - Ineligible claimants

§ 1714. Ineligible claimants.
An owner of a currently registered motor vehicle who does not have financial responsibility or an operator or occupant of a recreational vehicle not intended for highway use, motorcycle, motor-driven cycle, motorized pedalcycle or like type vehicle required to be registered under this title cannot recover first party benefits.
Cross References.
Section 1714 is referred to in section 1713 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1716 - Payment of benefits

§ 1716. Payment of benefits.
Benefits are overdue if not paid within 30 days after the insurer receives reasonable proof of the amount of the benefits. If reasonable proof is not supplied as to all benefits, the portion supported by reasonable proof is overdue if not paid within 30 days after the proof is received by the insurer. Overdue benefits shall bear interest at the rate of 12% per annum from the date the benefits become due. In the event the insurer is found to have acted in an unreasonable manner in refusing to pay the benefits when due, the insurer shall pay, in addition to the benefits owed and the interest thereon, a reasonable attorney fee based upon actual time expended.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1717 - Stacking of benefits

§ 1717. Stacking of benefits.
First party benefits shall not be increased by stacking the limits of coverage of:
(1) multiple motor vehicles covered under the same policy of insurance; or
(2) multiple motor vehicle policies covering the individual for the same loss.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1718 - Exclusion from benefits

§ 1718. Exclusion from benefits.
(a) General rule.--
An insurer shall exclude from benefits any insured, or his personal representative, under a policy enumerated in section 1711 (relating to required benefits) or 1712 (relating to availability of benefits), when the conduct of the insured contributed to the injury sustained by the insured in any of the following ways:
(1) While intentionally injuring himself or another or attempting to intentionally injure himself or another.
(2) While committing a felony.
(3) While seeking to elude lawful apprehension or arrest by a law enforcement official.
(b) Conversion of vehicle.--
A person who knowingly converts a motor vehicle is ineligible to receive first party benefits from any source other than a policy of insurance under which he is an insured for any injury arising out of the maintenance or use of the converted vehicle.
(c) Named driver exclusion.--
An insurer or the first named insured may exclude any person or his personal representative from benefits under a policy enumerated in section 1711 or 1712 when any of the following apply:
(1) The person is excluded from coverage while operating a motor vehicle in accordance with the act of June 5, 1968 (P.L.140, No.78), relating to the writing, cancellation of or refusal to renew policies of automobile insurance.
(2) The first named insured has requested that the person be excluded from coverage while operating a motor vehicle. This paragraph shall only apply if the excluded person is insured on another policy of motor vehicle liability insurance.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)
1990 Amendment.
Act 6 amended subsec. (c).
References in Text.
The act of June 5, 1968 (P.L.140, No.78), referred to as the Automobile Insurance Policy Act, referred to in subsec. (c)(1), was repealed by the act of June 17, 1998, P.L.464, No.68. The subject matter is now contained in Article XX of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1719 - Coordination of benefits

§ 1719. Coordination of benefits.
(a) General rule.--
Except for workers' compensation, a policy of insurance issued or delivered pursuant to this subchapter shall be primary. Any program, group contract or other arrangement for payment of benefits such as described in section 1711 (relating to required benefits), 1712(1) and (2) (relating to availability of benefits) or 1715 (relating to availability of adequate limits) shall be construed to contain a provision that all benefits provided therein shall be in excess of and not in duplication of any valid and collectible first party benefits provided in section 1711, 1712 or 1715 or workers' compensation.
(b) Definition.--
As used in this section the term "program, group contract or other arrangement" includes, but is not limited to, benefits payable by a hospital plan corporation or a professional health service corporation subject to 40 Pa.C.S. Ch. 61 (relating to hospital plan corporations) or 63 (relating to professional health services plan corporations).
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
Cross References.
Section 1719 is referred to in sections 1720, 1722 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1720 - Subrogation

§ 1720. Subrogation.
In actions arising out of the maintenance or use of a motor vehicle, there shall be no right of subrogation or reimbursement from a claimant's tort recovery with respect to workers' compensation benefits, benefits available under section 1711 (relating to required benefits), 1712 (relating to availability of benefits) or 1715 (relating to availability of adequate limits) or benefits paid or payable by a program, group contract or other arrangement whether primary or excess under section 1719 (relating to coordination of benefits).
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)
1993 Partial Repeal.
Section 25(b) of Act 44 provided that section 1720 is repealed insofar as it relates to workers' compensation payments or other benefits payable under the Workers' Compensation Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1721 - Statute of limitations

§ 1721. Statute of limitations.
(a) General rule.--
If benefits have not been paid, an action for first party benefits shall be commenced within four years from the date of the accident giving rise to the claim. If first party benefits have been paid, an action for further benefits shall be commenced within four years from the date of the last payment.
(b) Minors.--
For minors entitled to benefits described in section 1711 (relating to required benefits) or 1712 (relating to availability of benefits), an action for benefits shall be commenced within four years from the date on which the injured minor attains 18 years of age.
(c) Definition.--
As used in this section the term "further benefits" means expenses incurred not earlier than four years preceding the date an action is commenced.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1722 - Preclusion of recovering required benefits

§ 1722. Preclusion of recovering required benefits.
In any action for damages against a tortfeasor, or in any uninsured or underinsured motorist proceeding, arising out of the maintenance or use of a motor vehicle, a person who is eligible to receive benefits under the coverages set forth in this subchapter, or workers' compensation, or any program, group contract or other arrangement for payment of benefits as defined in section 1719 (relating to coordination of benefits) shall be precluded from recovering the amount of benefits paid or payable under this subchapter, or workers' compensation, or any program, group contract or other arrangement for payment of benefits as defined in section 1719.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Apr. 26, 1989, P.L.13, No.4, eff. imd.; Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)
1993 Partial Repeal.
Section 25(b) of Act 44 provided that section 1722 is repealed insofar as it relates to workers' compensation payments or other benefits payable under the Workers' Compensation Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1723 - Reporting requirements

§ 1723. Reporting requirements.
Beginning December 31, 1986, and each year thereafter, each insurance company writing automobile insurance in this Commonwealth shall file with the Insurance Department the number of its insureds, the number of its insureds who have purchased first party medical benefits in excess of the minimum required by section 1711 (relating to required benefits) and the number of insureds who have purchased first party medical benefits under section 1715(a)(1) and (1.1) (relating to availability of adequate limits). The Insurance Department shall furnish this information to the General Assembly annually.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Apr. 26, 1989, P.L.13, No.4, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1724 - Certain nonexcludable conditions

§ 1724. Certain nonexcludable conditions.
(a) General rule.--
Insurance benefits may not be denied solely because the driver of the insured motor vehicle is determined to be under the influence of drugs or intoxicating beverages at the time of the accident for which benefits are sought.
(b) Contract exclusions.--
Provisions of an insurance policy which exclude insurance benefits if the insured causes a vehicular accident while under the influence of drugs or intoxicating beverages at the time of the accident are void.
(Mar. 27, 1986, P.L.71, No.24, eff. July 1, 1986)
1986 Amendment.
Act 24 added section 1724.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1725 - Rental vehicles

§ 1725. Rental vehicles.
Every motor vehicle insurance policy shall contain a notice as to whether the policy covers collision damage to rental vehicles, and any limitations on such coverage. The notice shall be written in clear, plain language and shall be printed on the first page of the policy in boldface capital letters.
(June 30, 1990, P.L.266, No.63, eff. 90 days)
1990 Amendment.
Act 63 added section 1725.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1732 - Limits of coverage (Repealed)

§ 1732. Limits of coverage (Repealed).
1990 Repeal.
Section 1732 was repealed February 7, 1990, P.L.11, No.6, effective July 1, 1990.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1733 - Priority of recovery

§ 1733. Priority of recovery.
(a) General rule.--
Where multiple policies apply, payment shall be made in the following order of priority:
(1) A policy covering a motor vehicle occupied by the injured person at the time of the accident.
(2) A policy covering a motor vehicle not involved in the accident with respect to which the injured person is an insured.
(b) Multiple sources of equal priority.--
The insurer against whom a claim is asserted first under the priorities set forth in subsection (a) shall process and pay the claim as if wholly responsible. The insurer is thereafter entitled to recover contribution pro rata from any other insurer for the benefits paid and the costs of processing the claim.
(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1734 - Request for lower limits of coverage

§ 1734. Request for lower limits of coverage.
A named insured may request in writing the issuance of coverages under section 1731 (relating to availability, scope and amount of coverage) in amounts equal to or less than the limits of liability for bodily injury.
(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)
Cross References.
Section 1734 is referred to in section 1731 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1735 - Coverages unaffected by workers' compensation benefits (Repealed)

§ 1735. Coverages unaffected by workers' compensation benefits (Repealed).
1993 Repeal.
Section 1735 was repealed July 2, 1993, P.L.190, No.44, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1736 - Coverages in excess of required amounts

§ 1736. Coverages in excess of required amounts.
The coverages provided under this subchapter may be offered by insurers in amounts higher than those required by this chapter but may not be greater than the limits of liability specified in the bodily injury liability provisions of the insured's policy.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1737 - Workers' compensation benefits not a bar to uninsured and underinsured motorist benefits (Repealed)

§ 1737. Workers' compensation benefits not a bar to uninsured and underinsured motorist benefits (Repealed).
1993 Repeal.
Section 1737 was repealed July 2, 1993, P.L.190, No.44, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1741 - Establishment

§ 1741. Establishment.
The Insurance Department shall, after consultation with the insurers licensed to write motor vehicle liability insurance in this Commonwealth, adopt a reasonable Assigned Risk Plan for the equitable apportionment among those insurers of applicants for motor vehicle liability insurance who are entitled to, but are unable to, procure insurance through ordinary methods. When the plan has been adopted, all motor vehicle liability insurers shall subscribe thereto and shall participate in the plan. The plan may provide reasonable means for the transfer of individuals insured thereunder into the ordinary market, at the same or lower rates, pursuant to regulations established by the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1742 - Scope of plan

§ 1742. Scope of plan.
The Assigned Risk Plan shall:
(1) Include rules for the classification of risks and rates therefor.
(2) Provide for the installment payment of premiums subject to customary terms and conditions.
(3) Provide rules for the equitable apportionment among participating insurers of clean risks who shall be eligible to receive the insurer's voluntary rate.
(4) Provide rules to specify the effective date and time of coverage, provided that applicants may only obtain coverage effective as of the date and time of the application if the agent or broker of record uses electronic mail binding procedures specified in the rules.
(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1743 - Rates

§ 1743. Rates.
All rates for the Assigned Risk Plan shall be subject to the act of June 11, 1947 (P.L.538, No.246), known as The Casualty and Surety Rate Regulatory Act, and shall not be inadequate, excessive or unfairly discriminatory.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1751 - Organization

§ 1751. Organization.
Insurers providing financial responsibility as required by law shall organize and maintain, subject to the approval and regulation of the Insurance Department, an Assigned Claims Plan and adopt rules for the operation and for the assessment of costs on a fair and equitable basis.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1752 - Eligible claimants

§ 1752. Eligible claimants.
(a) General rule.--
A person is eligible to recover benefits from the Assigned Claims Plan if the person meets the following requirements:
(1) Is a resident of this Commonwealth.
(2) Is injured as the result of a motor vehicle accident occurring in this Commonwealth.
(3) Is not an owner of a motor vehicle required to be registered under Chapter 13 (relating to registration of vehicles).
(4) Is not the operator or occupant of a motor vehicle owned by the Federal Government or any of its agencies, departments or authorities.
(5) Is not the operator or occupant of a motor vehicle owned by a self-insurer or by an individual or entity who or which is immune from liability for, or is not required to provide, benefits or uninsured and underinsured motorist coverage.
(6) Is otherwise not entitled to receive any first party benefits under section 1711 (relating to required benefits) or 1712 (relating to availability of benefits) applicable to the injury arising from the accident.
(7) Is not the operator or occupant of a recreational vehicle not intended for highway use, motorcycle, motor-driven cycle or motorized pedalcycle or other like type vehicle required to be registered under this title and involved in the accident.
(b) Grounds for ineligibility.--
A person otherwise qualifying as an eligible claimant under subsection (a) shall nevertheless be ineligible to recover benefits from the Assigned Claims Plan if that person contributed to his own injury in any of the following ways:
(1) While intentionally injuring himself or another or attempting to intentionally injure himself or another.
(2) While committing a felony.
(3) While seeking to elude lawful apprehension or arrest by a law enforcement official.
(4) While knowingly converting a motor vehicle.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1753 - Benefits available

§ 1753. Benefits available.
An eligible claimant may recover medical benefits, as described in section 1712(1) (relating to availability of benefits), up to a maximum of $5,000. No income loss benefit or accidental death benefit shall be payable under this subchapter.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)
Cross References.
Section 1753 is referred to in sections 1754, 1755, 1757 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1754 - Additional coverage

§ 1754. Additional coverage.
An eligible claimant who has no other source of applicable uninsured motorist coverage and is otherwise entitled to recover in an action in tort against a party who has failed to comply with this chapter may recover for losses or damages suffered as a result of the injury up to $15,000 subject to an aggregate limit for all claims arising out of any one motor vehicle accident of $30,000. If a claimant recovers medical benefits under section 1753 (relating to benefits available), the amount of medical benefits recovered or recoverable up to $5,000 shall be set off against any amounts recoverable in this section.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
Cross References.
Section 1754 is referred to in section 1757 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1755 - Coordination of benefits

§ 1755. Coordination of benefits.
(a) Workers' compensation.--
All benefits (less reasonably incurred collection costs) that an eligible claimant receives or is entitled to receive from workers' compensation and from any other like source under local, state or Federal law shall be subtracted from any benefits available in section 1753 (relating to benefits available) unless the law authorizing or providing for those benefits makes them excess or secondary to the benefits in accordance with this subchapter.
(b) Accident and health benefits.--
All benefits an eligible claimant receives or is entitled to receive as a result of injury from any available source of accident and health benefits shall be subtracted from those benefits available in section 1753.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1756 - Subrogation

§ 1756. Subrogation.
The Assigned Claims Plan or its assignee is entitled to recover, in accordance with the tort liability law of this Commonwealth, reimbursement for benefits or coverages paid, loss adjustment costs and any other sums paid to an eligible claimant under this subchapter.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1757 - Statute of limitations

§ 1757. Statute of limitations.
(a) General rule.--
An action by an eligible claimant to recover benefits or coverages from the Assigned Claims Plan shall be commenced within four years from the date of the accident.
(b) Minors.--
For minors entitled to benefits described in section 1753 (relating to benefits available) or 1754 (relating to additional coverage), an action to recover these benefits or coverages shall be commenced within four years from the date on which the injured minor attains 18 years of age.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1761 - § 1769 - (Repealed)

1988 Repeal.
Subchapter F (§§ 1761 - 1769) was added February 12, 1984, P.L.26, No.11, and repealed December 12, 1988, P.L.1120, No.144, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1771 - Court reports on nonpayment of judgments

§ 1771. Court reports on nonpayment of judgments.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1772 - Suspension for nonpayment of judgments

§ 1772. Suspension for nonpayment of judgments.
(a) General rule.--
The department, upon receipt of a certified copy of a judgment, shall suspend the operating privilege of each person against whom the judgment was rendered except as otherwise provided in this section and in section 1775 (relating to installment payment of judgments).
(b) Nonsuspension with consent of judgment creditor.--
If the judgment creditor consents in writing, in such form as the department may prescribe, that the judgment debtor's operating privilege be retained or restored, the department shall not suspend or shall restore until the consent is revoked in writing, notwithstanding default in the payment of the judgment, or of any installment thereof prescribed in section 1775, provided the judgment debtor furnishes proof of financial responsibility.
(c) Financial responsibility in effect at time of accident.--
Any person whose operating privilege has been suspended, or is about to be suspended or become subject to suspension, under this chapter shall be relieved from the effect of the judgment as prescribed in this chapter if the person files evidence satisfactory to the department that financial responsibility was in force and effect at the time of the accident resulting in the judgment and is or should be available for the satisfaction of the judgment. If insurance already obtained is not available because the insurance company has gone into receivership or bankruptcy, the person shall only be required to present to or file with the department proper evidence that an insurance policy was in force and effect at the time of the accident.
Cross References.
Section 1772 is referred to in sections 1553, 1554, 1556, 1783 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1773 - Continuation of suspension until judgments paid and proof given

§ 1773. Continuation of suspension until judgments paid and proof given.
A person's operating privilege shall remain suspended and shall not be renewed in the name of that person unless and until every judgment is stayed, satisfied in full or to the extent provided in this subchapter, and until the person furnishes proof of financial responsibility as required.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1774 - Payments sufficient to satisfy judgments

§ 1774. Payments sufficient to satisfy judgments.
(a) General rule.--
For the purpose of this chapter only, judgments shall be deemed satisfied upon the occurrence of one of the following:
(1) When $15,000 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to one person as the result of any one accident.
(2) When $30,000 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to two or more persons as the result of any one accident.
(3) When $5,000 has been credited upon any judgment or judgments rendered in excess of that amount because of damage to property of others as the result of any one accident.
(b) Credit for payment under settlement.--
Payments made in settlement of any claims because of bodily injury or property damage arising from a motor vehicle accident shall be credited in reduction of the amounts provided for in this section.
(c) Escrow deposit by judgment debtor.--
When the judgment creditor cannot be found, the judgment debtor may deposit in escrow with the prothonotary of the court where the judgment was entered an amount equal to the amount of the judgment, subject to the limits set forth in subsection (a), interest to date and record costs, whereupon the prothonotary shall notify the department and the judgment shall be deemed satisfied. The amount deposited shall be retained by the prothonotary for a period of five years from the date of the deposit, after which, if it has not been claimed by the judgment creditor, it shall be returned to the judgment debtor. When the deposit is made, the prothonotary shall notify the judgment creditor and his counsel, if any, by certified or registered mail at his last known address. No interest shall run on any judgment with respect to the amount deposited with the prothonotary under the terms of this subsection.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
Cross References.
Section 1774 is referred to in sections 1553, 1554, 1556, 1787 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1775 - Installment payment of judgments

§ 1775. Installment payment of judgments.
(a) Order authorizing installment payment.--
A judgment debtor, upon due notice to the judgment creditor, may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.
(b) Suspension prohibited during compliance with order.--
The department shall not suspend a driver's operating privilege and shall restore any operating privilege suspended following nonpayment of a judgment when the judgment debtor obtains an order permitting payment of the judgment in installments and while the payment of any installment is not in default, provided that the judgment debtor furnishes proof of financial responsibility.
(c) Suspension for default in payment.--
In the event the judgment debtor fails to pay any installment as specified by the order, then, upon notice of the default, the department shall suspend the operating privilege of the judgment debtor until the judgment is satisfied as provided in this chapter.
Cross References.
Section 1775 is referred to in sections 1553, 1554, 1556, 1772 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1781 - Notice of sanction for not evidencing financial responsibility

§ 1781. Notice of sanction for not evidencing financial responsibility.
An applicant for registration of a vehicle shall acknowledge on a form developed by the Department of Transportation that the applicant knows he may lose his operating privilege or vehicle registrations if he fails to maintain financial responsibility on the currently registered vehicle for the period of registration.
(Feb. 7, 1990, P.L.11, No.6, eff. July 1, 1990)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1783 - Proof of financial responsibility before restoring operating privilege or registration

§ 1783. Proof of financial responsibility before restoring operating privilege or registration.
Whenever the department suspends or revokes the operating privilege of any person or the registration of any vehicle pursuant to section 1532 (relating to revocation or suspension of operating privilege), 1542 (relating to revocation of habitual offender's license), 1772 (relating to suspension for nonpayment of judgments), 1784 (relating to proof of financial responsibility following violation) or 1785 (relating to proof of financial responsibility following accident), or upon receiving the record of a conviction or forfeiture of bail, the department shall not restore the operating privilege or the applicable registration until the person furnishes proof of financial responsibility.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1784 - Proof of financial responsibility following violation

§ 1784. Proof of financial responsibility following violation.
A defendant who is convicted of a traffic offense, other than a parking offense, that requires a court appearance shall be required to show proof of financial responsibility covering the operation of the vehicle at the time of the offense. If the defendant fails to show proof of financial responsibility, the court shall notify the department of that fact. Upon receipt of the notice, the department shall revoke the registration of the vehicle. If the defendant is the owner of the vehicle, the department shall also suspend the operating privilege of the defendant.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
Cross References.
Section 1784 is referred to in sections 1553, 1783 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1785 - Proof of financial responsibility following accident

§ 1785. Proof of financial responsibility following accident.
If the department determines that the owner of a motor vehicle involved in an accident requiring notice to a police department pursuant to section 3746 (relating to immediate notice of accident to police department) did not maintain financial responsibility on the motor vehicle at the time of the accident, the department shall suspend the operating privilege of the owner, where applicable, and the department shall revoke the registration of the vehicle.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984)
Cross References.
Section 1785 is referred to in sections 1553, 1783 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1787 - Self-insurance

§ 1787. Self-insurance.
(a) General rule.--
Self-insurance is effected by filing with the Department of Transportation, in satisfactory form, evidence that reliable financial arrangements, deposits, resources or commitments exist such as will satisfy the department that the self-insurer will:
(1) Provide the benefits required by section 1711 (relating to required benefits), subject to the provisions of Subchapter B (relating to motor vehicle liability insurance first party benefits), except the additional benefits and limits provided in sections 1712 (relating to availability of benefits) and 1715 (relating to availability of adequate limits).
(2) Make payments sufficient to satisfy judgments as required by section 1774 (relating to payments sufficient to satisfy judgments).
(3) Provide uninsured motorist coverage up to the limits set forth in section 1774.
(b) Stacking limits prohibited.--
Any recovery of uninsured motorist benefits under this section only shall not be increased by stacking the limits provided in section 1774, in consideration of the ownership or operation of multiple vehicles or otherwise.
(c) Assigned Risk and Assigned Claims Plans.--
Self-insurers shall not be required to accept assigned risks pursuant to Subchapter D (relating to Assigned Risk Plan) or contribute to the Assigned Claims Plan pursuant to Subchapter E (relating to Assigned Claims Plan).
(d) Catastrophic Loss Trust Fund.--
(Repealed).
(e) Promulgation of regulations, etc.--
The Department of Transportation may, jointly with the Insurance Department, promulgate rules, regulations, guidelines, procedures or standards for reviewing and establishing the financial eligibility of self-insurers.
(Feb. 12, 1984, P.L.53, No.12, eff. Oct. 1, 1984; Apr. 26, 1989, P.L.13, No.4, eff. imd.)
1989 Repeal.
Act 4 repealed subsec. (d).
1984 Amendment.
Act 12 added section 1787.
Cross References.
Section 1787 is referred to in sections 1702, 1782 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 75 - VEHICLES › Chapter 17 - Financial Responsibility › Section 1788 - Neighborhood electric vehicles

§ 1788. Neighborhood electric vehicles.
(a) Minimum coverage requirements.--
A neighborhood electric vehicle that is registered or operated on a highway shall be covered by financial responsibility in the amount of $15,000 for injury to one person in any one accident, in the amount of $30,000 for injury to two or more persons in any one accident and in the amount of $5,000 for damage of property of others in any one accident. The financial responsibility shall be in a form acceptable to the department.
(b) Exemption from other coverages.--
For a neighborhood electric vehicle, no person shall be required to purchase and no insurer shall be required to offer or make available any other coverages contained in this chapter.
(Oct. 22, 2014, P.L.2543, No.154, eff. May 1, 2015)
2014 Amendment.
Act 154 added section 1788.