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Important Information Regarding Act 113 of 2006

Act 113 of 2006, enacted by the General Assembly in July 2006, requires the Department of Transportation to administer an electronic lien and titling program by July 2008. Other provisions of the Act, effective September 2006, addressed driver duties in emergency response areas (Steer Clear Law), changed penalties for evading police and leaving children unattended in a vehicle, and changed agricultural exemptions. The following list outlines components of the Act and changes that impact citizens.

Mandatory Electronic Lien and Title (ELT) Program (Section 1151) - Requires the Department of Transportation to administer an electronic lien and titling program that permits the recording of vehicle title information for new, transferred and corrected certificates of title through electronic media in a cost-effective manner in lieu of the submission and maintenance of paper documents. The ELT includes methods by which vehicle title information, including the perfection, release and assignment of vehicle security interests may be submitted electronically. Participation in ELT is mandatory for all lienholders, except for individuals and lienholders who are not normally engaged in the business or practice of financing vehicles.

Duty of Driver in Emergency Response Areas (Steer Clear Law) (Section 3327) - Changes to the general law regarding vehicles approaching or passing an emergency response area include that a person shall, unless otherwise directed by an emergency service responder, pass in a lane not adjacent to that of the emergency response area if possible; or, if passing in a nonadjacent lane is impossible, illegal or unsafe, pass the emergency response area at a careful and prudent speed reasonable for safely passing the emergency response area. The penalty for being convicted of this offense is a fine of not more than $250 and a suspension of the individual’s operating privilege for 90 days if, upon receiving a certified record of the driver’s conviction, adjudication of delinquency or admission into a pre-adjudication program, the certified conviction indicates the violation resulted in serious injury to another person. The changes to the law also enhance the definition of markings to be used to indicate an emergency response area, the definition of an emergency response area and add towing and recovery personnel, highway maintenance and construction personnel to the list of emergency service responders.

Leaving an Unattended Child in a Motor Vehicle (Section 3701) - Amended to make it a separate offense for each child left unattended in a motor vehicle. For example, if a person left one child unattended in a motor vehicle, the person would be charged with one offense; if two children were left unattended, two offenses would be charged; three children, three offenses charged, and so on.

Fleeing or Attempting to Elude Police Officer (Section 3733) - Adds to the existing law that fleeing or attempting to elude a police officer is graded as a misdemeanor of the second degree, punishable by a fine of $500 in addition to all other fines, court expenses, jail sentences and penalties. A driver commits a felony of the third degree if he flees or attempts to evade a police officer while driving under the influence of alcohol or a controlled substance, crosses a state line or endangers a law enforcement officer or member of the general public due to the driver engaging in a high-speed chase.

Exemption From Additional Requirements for Highway Occupancy Permits for Agricultural Purposes (Section 6103.1) - Amends the exemptions for additional requirements for highway occupancy permits for agricultural purposes, allowing for not more than 25 combination vehicles per week accessing the highway.