2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 77 - Snowmobiles and All-Terrain Vehicles
7753 - Actions for collection of penalties.

     § 7753.  Actions for collection of penalties.
        (a)  General rule.--An action to recover any penalty imposed
     under the provisions of this chapter may be brought in any court
     of competent jurisdiction in this Commonwealth on order of the
     department and in the name of the Commonwealth. In any such
     action all penalties incurred up to the time of commencing the
     action may be sued for and recovered therein and the
     commencement of an action to recover any such penalty shall not
     be, or be held to be, a waiver of the right to recover any other
     penalty. In case of recovery of any amount in an action brought
     to recover any such penalty the Commonwealth shall be entitled
     to recover full costs and at the rates provided for civil
     actions.
        (b)  Duty and liability of witnesses.--No person shall be
     excused from testifying or producing any books, papers or other
     documents in any civil action to recover any such penalty, upon
     the ground that his testimony might tend to convict him of an
     offense or subject him to a penalty or forfeiture. No person
     shall be prosecuted, punished or subjected to any penalty of
     forfeiture for or on account of any such act, transaction,
     matter or thing concerning which he shall, under oath, have
     testified or produced documentary evidence and no testimony so
     given or produced shall be received against him upon any
     criminal investigation or proceeding. No person so testifying
     shall be exempt from prosecution or punishment for any perjury
     committed by him in his testimony. This subsection is not
     intended to give, and shall not be construed as in any manner
     giving, unto any corporation immunity of any kind.
        (c)  Plea of guilty.--A defendant charged with a violation of
     any provision of this chapter may himself plead guilty to the
     charge in open court. He may also submit to the judge having
     jurisdiction, in person, by duly authorized agent, or by
     registered mail, a statement setting forth the following:
            (1)  That he waives arraignment in open court and the aid
        of counsel.
            (2)  That he pleads guilty to the offense as charged.
            (3)  That he elects and requests that the charge be
        disposed of and the fine or penalty fixed by the court.
            (4)  Any explanation that he desires to make concerning
        the offense charged.
            (5)  That he makes all statements under penalty of
        perjury.
     Thereupon the judge may proceed as though the defendant had been
     convicted upon a plea of guilty in open court. Any imposition of
     fine or penalty under this section shall be deemed tentative
     until the fine or penalty has been paid and discharged in full.
     If, upon receipt of the aforesaid statement, the judge shall
     deny the same, he shall thereupon notify the defendant of this
     fact and that he is required to appear before the said judge at
     a stated time and place to answer the charge which shall
     thereafter be disposed of pursuant to the applicable provisions
     of law.
        (d)  Statement of disposition of case.--Subject to any
     inconsistent procedures and standards relating to reports and
     transmission of funds prescribed pursuant to Title 42 (relating
     to judiciary and judicial procedure), the court before whom any
     person shall be tried shall, at the termination of the trial or
     proceeding, forthwith mail or deliver to the department at
     Harrisburg a certified statement of the disposition of the case
     or proceeding giving the date thereof, the name of the
     defendant, the date and place of the violation, the name of each
     witness sworn in support of the charges and the amount of the
     fine or penalty paid.
        (e)  Section not exclusive.--This section:
            (1)  Does not prohibit the prosecution of violations of
        this chapter in any court of competent jurisdiction in the
        same manner as other offenses.
            (2)  Is subject to any inconsistent general rules
        relating to actions for the collection of fines and
        penalties.
     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

        1978 Amendment.  Act 53 amended subsecs. (d) and (e).