Regular Session 2023-2024 House Bill 0540 P.N. 1786

PRIOR PRINTER'S NO. 513

PRINTER'S NO. 1786

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

540

Session of

2023

INTRODUCED BY McNEILL, HILL-EVANS, DELLOSO, SAMUELSON, ISAACSON,

HOHENSTEIN, CIRESI, MADDEN, PROBST, SANCHEZ, HOWARD,

D. WILLIAMS AND FREEMAN, MARCH 20, 2023

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 29, 2023

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in licensing of drivers, further providing for

determination of incompetency; and abrogating regulations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1519 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

§ 1519. Determination of incompetency.

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(d) Vehicle lease termination on incompetency.--A vehicle

lessee that entered into a vehicle lease after the effective

date of this subsection shall not be liable for early

termination fees or the remainder of vehicle lease payments if

the vehicle lessee's operating privileges have been suspended or

recalled under this section. The vehicle lessee must return the

vehicle to the individual or entity that the vehicle was leased

from and provide notice from the department of suspension or

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recall of the vehicle lessee's operating privilege.

Section 2. All regulations and parts of regulations are

abrogated to the extent of any inconsistency with the provisions

of this act.

Section 3. This act shall take effect in 60 days.

SECTION 1. SECTION 1519(C) OF TITLE 75 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS AMENDED BY

ADDING A SUBSECTION TO READ:

§ 1519. DETERMINATION OF INCOMPETENCY.

* * *

DEPARTMENT SHALL RECALL THE OPERATING PRIVILEGE OF ANY PERSON

WHOSE INCOMPETENCY HAS BEEN ESTABLISHED UNDER THE PROVISIONS OF

THIS CHAPTER OR WHO REFUSES OR FAILS TO COMPLY WITH THE

REQUIREMENTS OF THIS SECTION. THE RECALL SHALL BE FOR AN

INDEFINITE PERIOD UNTIL THAT PERSON COMPLIES AND SATISFACTORY

EVIDENCE IS PRESENTED TO THE DEPARTMENT IN ACCORDANCE WITH

REGULATIONS TO ESTABLISH THAT SUCH PERSON IS COMPETENT TO DRIVE

A MOTOR VEHICLE. [THE DEPARTMENT SHALL SUSPEND THE OPERATING

PRIVILEGE OF ANY PERSON WHO REFUSES OR FAILS TO COMPLY WITH THE

REQUIREMENTS OF THIS SECTION UNTIL THAT PERSON DOES COMPLY AND

THAT PERSON'S COMPETENCY TO DRIVE IS ESTABLISHED.] ANY PERSON

AGGRIEVED BY THE RECALL [OR SUSPENSION] OF THE OPERATING

PRIVILEGE MAY APPEAL IN THE MANNER PROVIDED IN SECTION 1550. THE

JUDICIAL REVIEW SHALL BE LIMITED TO WHETHER THE PERSON IS

COMPETENT TO DRIVE IN ACCORDANCE WITH THE PROVISIONS OF THE

REGULATIONS PROMULGATED UNDER SECTION 1517 (RELATING TO MEDICAL

ADVISORY BOARD).

(D) VEHICLE LEASE TERMINATION ON INCOMPETENCY.--FOR A

CONSUMER LEASE OF A MOTOR VEHICLE SUBJECT TO REGULATIONS OF THE

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CONSUMER FINANCIAL PROTECTION BUREAU UNDER 12 CFR CH. X PT. 1013

(RELATING TO CONSUMER LEASING (REGULATION M)), ENTERED INTO

AFTER THE EFFECTIVE DATE OF THIS SUBSECTION, A LESSEE REQUESTING

EARLY TERMINATION OF A LEASE SHALL NOT BE LIABLE FOR ANY PENALTY

OR EARLY TERMINATION CHARGE PROVIDED BY THE LEASE IF THE VEHICLE

LESSEE'S OPERATING PRIVILEGES HAVE BEEN RECALLED UNDER THIS

SECTION AND NO OTHER MEMBER OF THE LESSEE'S HOUSEHOLD REGULARLY

USES THE VEHICLE. A LESSEE SEEKING TO TERMINATE A LEASE UNDER

THIS SUBSECTION MUST PROVIDE TO THE LESSOR A COPY OF THE NOTICE

OF LICENSE RECALL PROVIDED BY THE DEPARTMENT. THE LEASE SHALL BE

TERMINATED UPON RETURN OF THE VEHICLE TO THE LESSOR OR OTHER

PERSON IN THE MANNER PROVIDED BY THE LEASE, INCLUDING IN ANY

AMENDMENT OR LEASE ASSIGNMENT OR NOTICE.

SECTION 2. THIS ACT SHALL APPLY TO LEASES FOR MOTOR VEHICLES

ENTERED INTO WITH A LESSEE WITH A BILLING ADDRESS LOCATED IN

THIS COMMONWEALTH ON OR AFTER THE EFFECTIVE DATE OF THIS

SECTION.

SECTION 3. THIS ACT SHALL TAKE EFFECT IN 180 DAYS.

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