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.