§ 1376 — Surrender of registration plates and cards upon suspension or revocation

Pennsylvania § 1376

• Jurisdiction: Pennsylvania
• Title 75: VEHICLES
• Part: PART II
• Ch. 13: REGISTRATION OF VEHICLES
• Subch.: VIOLATIONS AND SUSPENSIONS

Text

(a) General rule.--The department, upon suspending or revoking any registration, shall require the registration plate or plates and registration card or cards to be surrendered immediately to the department.

(b) Delegation of authority.--If after 30 days from the mail date of a notice of suspension or revocation, the registration plates and cards are not surrendered under subsection (a), the department may delegate authority to the following persons to seize a registration plate and registration card which are required to be surrendered under subsection (a):

(1) A designated department employee.

(2) Members of the Pennsylvania State Police.

(3) Local police officers.

(4) Sheriffs or deputy sheriffs.

(5) Constables or deputy constables.

(b.1) Immediate seizure of registration plates and cards.--The department may delegate authority to the persons described in this section to immediately seize registration plates and cards upon imposition of the following:

(1) a suspension imposed pursuant to section 1374(d)(3) or (4) (relating to suspension or revocation of vehicle business registration plates) until all fees, taxes and penalties have been paid;

(2) a suspension or revocation imposed pursuant to section 1373(b)(3) (relating to suspension of registration) or 1374(g);

(3) a suspension or revocation is reinstated after determination of a matter as provided in section 1377 (relating to judicial review);

(4) a suspension imposed pursuant to section 1379 (relating to suspension of registration upon sixth unpaid parking violation in cities of the first class) until all fines, penalties and costs have been paid; or

(5) a suspension imposed pursuant to section 1380 (relating to suspension of registration upon unpaid tolls) until all tolls, administrative fees and costs have been paid, dismissed, reversed on appeal or canceled or if the owner or registrant enters into an agreement with the tolling entity to make installment payments.

(c) Regulations.--The department shall, by regulation, prescribe the manner of selecting those persons who are delegated authority under this section to seize the registration plates and registration cards. This requirement does not apply to persons described in this section who have been trained pursuant to the provisions of section 6117 (relating to authority of qualified employees of department and Department of Revenue).

(d) Penalty.--Any person failing or refusing to surrender to the department or its authorized delegate, upon demand, any registration plate or card which has been suspended or revoked is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $300, plus costs. Costs shall include a reasonable fee for official seizure of the unsurrendered items.

Legislative History

(June 19, 1985, P.L.49, No.20, eff. 60 days; Feb. 7, 1990, P.L.11, No.6, eff. 60 days; Dec. 7, 1994, P.L.820, No.115, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; July 14, 2005, P.L.285, No.50, eff. 60 days; Oct. 9, 2009, P.L.494, No.49, eff. 60 days; Nov. 4, 2016, P.L.1277, No.165, eff. 9 months) 2016 Amendment.Act 165 amended subsec. (b.1). 2009 Amendment.Act 49 amended subsec. (b)(5). 1998 Amendment.Act 151 amended subsecs. (b.1)(2) and (c). Cross References.Section 1376 is referred to in section 7165 of Title 44 (Law and Justice).