Statutory Text
§ 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.
Defining Key Terms:
- Department of Transportation: In the context of the PA MVFRL, the Department of Transportation (DOT) is the state agency given authority to administer and enforce the majority of the law.
- Insurance Department: This state-run entity adjacent to DOT and typically responsible for regulating the insurance industry, is tasked with administering and enforcing the specific provisions of the MVFRL relevant to insurance matters.
- Administration and Enforcement: In legal terms, administration refers to the actions required to operate, execute, and manage any aspect of a rule, law, or provision. Enforcement means to compel obedience to these laws, rules, or obligations through legal and regulated means.
Why this Section Matters for Pennsylvanian Drivers
Section 1704 is essential for drivers in Pennsylvania as it clearly demarcates the roles and responsibilities of two major state departments – Department of Transportation and Insurance Department – in relation to the enforcement of MVFRL. It equips drivers with the knowledge of which department to turn to for which aspect of the MVFRL, leading to a better user-experience and navigability of the law.
Why this Section Matters for Pennsylvania Attorneys
For attorneys in Pennsylvania, understanding this section is crucial. It provides a clear direction on who to approach or hold accountable during civil lawsuits or motor vehicle disputes involving insurance matters. Whether challenging the law's administration in court or defending a client, an attorney needs the awareness of the roles of DOT and Insurance Department in the statute’s enforcement.
Advanced Analysis of the Specific Language
The language used in section 1704 of the MVFRL is compact yet meticulously detailed. It employs legal jargon, coupled with practical and specific language for clarity.
The phrase "Except as provided in subsection (b)" exemplifies this precision. The carve-out indicates an exception to what seems an overarching rule -- a deliberate and germane linguistic choice that shields the Insurance Department from overarching enforcement responsibilities falling within the DOT's domain.
The language conveys the balance of responsibility between the DOT and the Insurance Department, which can significantly influence the law's interpretations and implications. "General rule" suggests a base-level, default understanding, implying that unless specific provisions state otherwise, the DOT oversees the operational aspects of MVFRL.
Moreover, repeated use of "rules and regulations necessary for the administration and enforcement" underlines the agency's power to not only administer and enforce but make pertinent regulations as needed.
The words "as to matters under its jurisdiction as determined by this chapter or other statute" explicitly showcase an overlap. This not only establishes parameters around what falls under the Insurance Department, but also the possibility that other laws may inform their jurisdiction.
