1. Online verification of financial responsibility. (a) Duty to establish verification system.-- The department shall establish a system for online verification of financial responsibility
Pennsylvania Consolidated Statutes
Section: 17861
Jurisdiction: PA
Bluebook Citation: 75 Pa. Cons. Stat. § 17861
§ 1786.1. Online verification of financial responsibility. (a) Duty to establish verification system.-- The department shall establish a system for online verification of financial responsibility
as required by this chapter. (b) System requirements.-- (1) The verification system shall transmit requests to insurers for verification
of motor vehicle liability insurance via Internet website services established by
the insurers consistent with specifications and standards supported and used by motor
vehicle administrators in other jurisdictions of the United States. Insurance company
systems shall respond to each request with a prescribed response upon evaluation of
the data provided in the request. (2) The verification system shall include appropriate provisions to secure the data
against unauthorized access. (3) The verification system shall be used for verification of motor vehicle liability
insurance as prescribed by the laws of this Commonwealth and shall be accessible to
authorized personnel of the department, the courts, law enforcement personnel and
other entities authorized by the Commonwealth as permitted by Federal or State privacy
laws. (4) The verification system shall be capable of interfacing with existing department-owned
or Commonwealth-owned electronic systems. (5) The verification system shall enable the department to make inquiries to insurers
of motor vehicle liability insurance that is consistent with recommendations, specifications
and standards supported and used by motor vehicle administrators in other jurisdictions
of the United States by using the following data elements for greater matching accuracy: (i) insurer National Association of Insurance Commissioners company code; (ii) vehicle identification number; (iii) policy number; (iv) verification date; or (v) information as otherwise described in the specifications and standards of the Insurance
Industry Committee on Motor Vehicle Administration. (6) The verification system shall respond to a request for financial responsibility information
within a period established by the department. (7) The department may contract with one or more private third parties to implement this
section and shall procure the services in accordance with 62 Pa.C.S. (relating to
procurement). (c) Participation required.-- An insurer that issues at least 1,000 contracts of motor vehicle liability insurance
in this Commonwealth shall: (1) Provide access to motor vehicle liability insurance policy information to the department
or a third party as required by this section and rules and regulations promulgated
by the department. (2) Cooperate with the department in establishing and maintaining the verification system
established under subsection (a) as required by this section and rules and regulations
promulgated by the department. (3) (i) Subject to subparagraph (ii), have the ability to respond to and confirm a request
for verification of financial responsibility for at least 24 months prior to the date
of the request for verification of financial responsibility. (ii) An insurer may not be required to respond to and confirm a request for verification
of financial responsibility made more than six months prior to the effective date
of this subparagraph. (d) Alternative reporting methodology.-- The department may develop an alternative reporting methodology for an insurer that
issues fewer than 1,000 contracts of motor vehicle liability insurance in this Commonwealth. (e) Liability.-- An insurer complying in good faith with this section or rules and regulations promulgated
by the department under this section shall be immune from civil and administrative
liability for noncompliance with this section. (f) Confidential records.-- Information, data or records submitted to or maintained by the verification system
established under subsection (a) are not subject to access and duplication under the
act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. (g) Report.-- No later than two years after the effective date of this section, the department,
in consultation with insurers, shall issue a report to the General Assembly. The report
shall include the following: (1) Costs incurred by the department and insurers related to the implementation of
this section. (2) The effectiveness of the verification system with reducing the number of uninsured
motor vehicles. (3) Any other information at the discretion of the department. (h) Construction.-- Nothing contained in this section shall be construed to authorize the department to
suspend a registration or suspend the operating privilege of the owner or registrant
of a motor vehicle, except as permitted under section 1786 (relating to required financial
responsibility). (i) Temporary regulations.-- In order to facilitate the prompt implementation of this section, regulations promulgated
by the department under this section during the two years following the effective
date of this section shall be deemed temporary regulations, which shall expire no
later than four years following the effective date of this section or upon promulgation
of final regulations, whichever occurs first. The temporary regulations shall not
be subject to: (1) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240),
referred to as the Commonwealth Documents Law. (2) Section 204(b) of the act of October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act. (3) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. (j) Definition.-- As used in this section, the term "department" means the Department of Transportation
of the Commonwealth. (Feb. 11, 2026, P.L.4, No.3) 2026 Amendment. Act 3 added section 1786.1. Section 3(1) of Act 3 provided that the addition of subsecs.
(a), (b)(7) and (i) shall take effect immediately and section 3(3) of Act 3 provided
that the remainder of the section shall take effect in 18 months. Cross References. Section 1786.1 is referred to in section 1786 of this title.
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