Statutory Text
§ 1783. Proof of financial responsibility before restoring operating privilege or registration.
Whenever the department suspends or revokes the operating privilege of any person or the registration of any vehicle pursuant to section 1532 (relating to revocation or suspension of operating privilege), 1542 (relating to revocation of habitual offender's license), 1772 (relating to suspension for nonpayment of judgments), 1784 (relating to proof of financial responsibility following violation) or 1785 (relating to proof of financial responsibility following accident), or upon receiving the record of a conviction or forfeiture of bail, the department shall not restore the operating privilege or the applicable registration until the person furnishes proof of financial responsibility.
Key Term Definitions:
Suspension:
This is the temporary withdrawal of an individual's license or vehicle registration due to various violations stipulated in sections 1532, 1542, 1772, 1784, or 1785 of the MVFRL.
Revocation:
This refers to the complete termination of an individual's operating privilege for a specified period.
Operating Privilege:
A legal term in Pennsylvania referring to the individual’s right to operate a vehicle within the state.
Proof of Financial Responsibility:
This indicates the ability of an individual to pay for damages or injuries caused by a vehicular accident. It can be shown through insurance, a surety bond, or by making a certain amount of money on deposit with PennDOT.
Importance to Pennsylvanian drivers:
Section §1783 is significant since it safeguards the rights and interests of the victims involved in automobile accidents or related incidents. The requirement to provide proof of financial responsibility ensures that the person at fault, who has previously violated some legal provision, now possesses the ability to cover damages if they were ever to experience a recurrence. This section also impacts those whose operating privileges or registrations have been suspended or revoked, as it provides a clear mandate for reinstatement.
Implications for Pennsylvania attorneys:
For attorneys in Pennsylvania, understanding this section of the MVFRL is critical when representing clients involved in vehicular incidents. This section sets the standard for obtaining reinstatement of operating privileges or registration by providing proof of financial responsibility, which attorneys should understand in order to effectively guide their clients through the process. Moreover, this knowledge equips them to make proper claims for their clients who are victims of such incidents.
Language Analysis:
The specific language used in section §1783 demonstrates the legislature’s emphasis on the enforcement of financial responsibility in motor vehicle law.
The use of phrases such as "shall not restore" and "until the person furnishes proof," indicates this section is not so much discretionary guidance, but a mandatory requirement set forth by Pennsylvania law for individuals seeking restoration of their operating privilege or vehicle registration.
It is also salient how the text describes the range of violations which could lead to suspension or revocation, signifying that this rule is applicable in multiple different instances. The language is unequivocal, leaving no room for erroneous interpretations. The text makes it clear; no reinstatory action can or will be undertaken without the individual demonstrating their capability to bear and meet financial responsibilities.
