PRIOR PRINTER'S NO. 456 PRINTER'S NO. 2449
No. 425 Session of 1979
INTRODUCED BY MESSRS. DININNI, KOLTER AND LEVI, MARCH 2, 1979
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 14, 1979
AN ACT
1 Amending Titles 75 (Vehicles) and 42 (Judiciary and Judicial
2 Procedure) of the Pennsylvania Consolidated Statutes, adding
3 and changing provisions relating to vehicles and pedestrians.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definitions of "abandoned vehicle,"
7 "authorized vehicle," "bus," "classic motor vehicle," "driver's
8 license," "emergency vehicle," "farm truck," "IMPLEMENT OF <--
9 HUSBANDRY," "manufacturer's shipping weight," "mobile home,"
10 "motorized pedalcycle," "passenger car," "RECALL," <--
11 "reconstructed vehicle," "roadway," "salvor," "school bus," <--
12 "taxi," "through highway," "urban district," "valueless except
13 for junk" and "vehicle" in section 102, sections 1102, 1103(a),
14 (c), (d) and (e), 1108, 1111(a) AND (B), 1112, 1113(a) and (c), <--
15 1114(b), 1117, 1118(a), (b) and (f), 1119, 1138, 1301, 1302,
16 1303(a) and (e), 1304(d), 1305, 1306, 1307(c) and (e), 1309,
17 1310, 1311, 1312, 1313(c), 1315, 1331(e), 1333(b) and (c),
1 1334(a), 1335, 1336, 1337(a) and (c), 1338, 1339, 1340, 1342,
2 1343, 1344, 1371, 1373, 1374, 1375, 1376, 1501(c) and (d), <--
3 1502(3), 1503, 1504(c), (d) and (e), 1505(b) and (c), 1507(d),
4 1508, 1509(a), 1511, 1513(a), 1514, 1515, 1517, 1518, 1519,
5 1532, 1533, 1534, 1535, 1537, 1538, 1539(c), 1540, 1541(a) and <--
6 (c), 1542(b) and (c), 1543, 1544(a), 1545, 1547(a), (b), (c) and
7 (d), 1549, 1550, 1551, 1571, 1572, 1573, 1704, 1741, 1746,
8 1747(a), 1901(a), (b) and (c), 1902, 1915, 1916, 1917, 1919,
9 1923, 1925, 1926, 1928, 1929, 1942, 1943(a), and (b), 1944, <--
10 1945, 1951, 1952, 1953, 1955, 1956, 1957, 3101, 3102, 3105(b),
11 (c) and (d), 3112, 3113, 3115, 3307, 3314, 3321, 3323(b) and
12 (c), 3331(b), 3332, 3334(b), 3335, 3342(b) and (c), 3345, 3351,
13 3352, 3353, 3354(d), 3363, 3364(c), 3365(a), (b) and (c),
14 3367(b), 3368(c) and (d), 3502, 3504, 3507, 3508, 3522(a), 3523,
15 3525(b), 3541, 3543, 3549, 3550, 3706, 3709, 3711(b), 3731(a)
16 and (d), 3732, 3733(a), 3734, 3741, 3746(c), 3749(b) and (c),
17 3751(b), 3752, 4103, 4107(a), 4303(c) and (e), 4307, 4502,
18 4523(b), 4524, 4530, 4531, 4534, 4535, 4552(e), 4571, 4572(b)
19 and (d), 4702, 4703, 4704(a), 4721, 4722(c), 4723, 4724,
20 4725(c), 4726, 4727(a), 4729, 4730, 4901(c), 4902, 4903(c),
21 4904(c) and (d), 4907, 4921(C), (D), (E) AND (F), 4923, 4924(a), <--
22 4941(b), 4942, 4943, 4944, 4945(a), 4946(a), 4961, 4962(b) and
23 (d), 4963, 4965, 4966, 4967, 4968, 4970, 4981, 4982(c), 4983, <--
24 6104(a), 6105, 6106, 6109(a), (b), (c) and (e), 6112, 6122,
25 6124, 6301, 6304, 6305, 6306, 6308, 6322(a), 6323, 6327, 6501,
26 6503, 6504, 7102, 7103, 7105, 7113(a), 7116, 7121, 7122, 7123,
27 7301, 7302, 7304, 7305, 7306, 7308, 7309, 7312, 7502(c), THE <--
28 HEADING OF CHAPTER 75 AND SECTIONS 7501, 7502(A), (d) and (e)
29 and 7505, the heading of Chapter 77 and sections 7701, 7703,
30 7706, 7711, 7712, 7713, 7714, 7715, 7716, 7721, 7722, 7723,
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1 7724, 7725, 7726, 7727, 7728, 7729, 7741, 7742, 7743, 7751 and
2 7752 of Title 75, act of November 25, 1970 (P.L.707, No.230),
3 known as the Pennsylvania Consolidated Statutes, added June 17, <--
4 1976 (P.L.162, No.81), SECTIONS 1302, 1311, 1335 AND 1337(A) <--
5 AMENDED JUNE 20, 1979 (NO.55), SECTION 4923 AMENDED JUNE 6, 1979
6 (NO.12), AND SECTION 7706 AMENDED JUNE 29, 1979 (NO.24), are
7 amended, and the definitions of "historic motor vehicle," "play
8 highway," "public property," "pushcart," "recreational vehicle," <--
9 "street," "tower" and "traffic signal" in section 102, sections
10 1120, 1121, 1331(f), 1345, 1504(f) and (g), 1505(e), 1541(D), <--
11 1547(k), 1552, 1933, 1934, 1935, 1948, 1960, 1961, 3111(e), <--
12 3342(d), 3346, 3355, 3356, 3368(e), 3505(e), 3544(e), 4305(d),
13 4308, 4552(i), 4572(c), 4971, 4972, 6128, 6309 and the <--
14 definition of "off-road vehicle" in section 7702 are added to
15 read:
16 § 102. Definitions.
17 Subject to additional definitions contained in subsequent
18 provisions of this title which are applicable to specific
19 provisions of this title, the following words and phrases when
20 used in this title shall have, unless the content clearly
21 indicates otherwise, the meanings given to them in this section:
22 "Abandoned vehicle."
23 (1) A vehicle (other than a pedalcycle):
24 (i) that is inoperable and is left unattended on
25 public property for more than 48 hours;
26 (ii) that has remained illegally on public property
27 for a period of more than 48 hours;
28 (iii) [without] which does not have both a valid
29 registration plate [or] and certificate of inspection [or
30 title] and which is left unattended on [or along] a
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1 highway; or
2 (iv) [that has remained on private property without
3 the consent of the owner or person in control of the
4 property for more than 48 hours] that has remained
5 unclaimed at a storage facility of a salvor or tower for
6 more than 30 days.
7 (2) Vehicles and equipment used or to be used in
8 construction or in the operation or maintenance of public
9 utility facilities, which are left in a manner which does not
10 interfere with the normal movement of traffic, shall not be
11 considered to be abandoned.
12 * * *
13 "Authorized vehicle." A vehicle or type of vehicle, other
14 than an emergency vehicle, for which special operating or
15 equipment privileges are given by law or regulation of the
16 department based on [design and utility for work within a
17 highway] its use on the highway or in the performance of public
18 service or governmental functions.
19 "Bus." A motor vehicle designed for carrying more than ten
20 passengers, exclusive of the driver, and used for the
21 transportation of persons and [a] any other motor vehicle [,
22 other than a taxicab, designed and] used for the transportation
23 of persons for compensation. The term does not include a taxicab
24 or a vehicle used in a carpool OR A VEHICLE OWNED BY A NONPROFIT <--
25 ASSOCIATION FOR SENIOR CITIZENS OR USED FOR CHURCH-RELATED
26 PURPOSES DESIGNED TO CARRY LESS THAN 17 PASSENGERS as defined in
27 department regulations.
28 * * *
29 ["Classic motor vehicle." A self-propelled vehicle, but not
30 a reproduction thereof, manufactured more than ten years prior
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1 to the current year and, because of discontinued production and
2 limited availability, determined by the department to be a model
3 or make of significant value to collectors or exhibitors and
4 which has been maintained in or restored to a condition which is
5 substantially in conformity with manufacturer specifications and
6 appearance.]
7 * * *
8 "Driver's license." A license or permit to drive a motor
9 vehicle issued under this title or under the applicable laws of
10 another jurisdiction STATE OR COUNTRY. <--
11 * * *
12 "Emergency vehicle." A fire [department] vehicle, police
13 vehicle, ambulance, blood-delivery vehicle, armed forces
14 emergency vehicle, one private vehicle of a fire or police chief
15 or assistant chief or when a fire company has three or more fire
16 vehicles, a second assistant chief, or ambulance corps commander
17 or assistant commander or of a river rescue commander or coroner
18 or deputy coroner or civil defense director OR EMERGENCY <--
19 MANAGEMENT COORDINATOR used for answering emergency calls [or
20 other vehicle designated by the State Police under section 6106
21 (relating to designation of emergency vehicles by Pennsylvania
22 State Police)].
23 * * *
24 "Farm truck." A truck, TRUCK TRACTOR or bus determined by <--
25 the department to be used exclusively for agricultural purposes.
26 THE TERM AGRICULTURAL PURPOSES DOES NOT INCLUDE LOGGING <--
27 OPERATIONS.
28 * * *
29 "Historic motor vehicle." A self-propelled vehicle, but not
30 a reproduction thereof, manufactured more than ten years prior
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1 to the current year and, because of discontinued production and
2 limited availability, determined by the department to be a model
3 or make of significant value to collectors or exhibitors and
4 which has been maintained in or restored to a condition which is
5 substantially in conformity with manufacturer specifications and
6 appearance.
7 * * *
8 "IMPLEMENT OF HUSBANDRY." A VEHICLE DESIGNED OR ADAPTED AND <--
9 DETERMINED BY THE DEPARTMENT TO BE USED EXCLUSIVELY FOR
10 AGRICULTURAL OPERATIONS AND ONLY INCIDENTALLY OPERATED OR MOVED
11 UPON HIGHWAYS. THE TERM AGRICULTURAL OPERATIONS SHALL NOT
12 INCLUDE LOGGING OPERATIONS.
13 * * *
14 "Manufacturer's shipping weight." The weight of a vehicle
15 including all installed options as delivered for retail sale by
16 the final stage manufacturer and as indicated on the
17 manufacturer's [statement] certificate of origin.
18 * * *
19 "Mobile home." A trailer designed and used exclusively for
20 living quarters or commercial, industrial, educational,
21 religious or similar purposes which exceeds the maximum size
22 limitations prescribed by this title for operation on a highway
23 and is only incidentally operated on a highway, including a unit
24 transported on a removable or nonremovable frame designed so as
25 to be assembled together with another unit or units into a
26 structure which is used exclusively for living quarters,
27 commonly known as a "modular unit."
28 * * *
29 "Motorized pedalcycle." A motor-driven cycle [equipped with
30 operable pedals, a motor rated no more than 1.5 brake
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1 horsepower, a cylinder capacity not exceeding 50 cubic
2 centimeters, an automatic transmission, and a maximum design
3 speed of no more than 25 miles per hour.] with a maximum design
4 speed of 30 miles per hour equipped with operable pedals, an
5 engine which produces not more than 2 brake horsepower and, if
6 it has an internal combustion engine, a cylinder capacity not
7 exceeding 50 cubic centimeters and an automatic transmission. A
8 motorized pedalcycle is commonly referred to as a "moped."
9 * * *
10 "Passenger car." A motor vehicle, except a motorcycle or
11 taxicab, designed primarily for carrying ten passengers or less,
12 and primarily used for the transportation of persons.
13 * * *
14 "Play highway." A portion of a highway or roadway barred
15 from unauthorized use by motor vehicles, on a temporary or
16 regular daily basis, and reserved for play or recreational
17 activities.
18 * * *
19 "Public property." Real property, improved or unimproved,
20 including land or buildings, owned or controlled by the United
21 States, the Commonwealth, any political subdivision, or any
22 agency of any of them, or a municipal authority or parking
23 authority. "Public property" shall include a street or highway
24 as defined in this section unless it is specifically stated that
25 streets and highways are not to be included.
26 "Pushcart." A vehicle, other than a pedalcycle, propelled
27 solely by human power, and used or intended for use for the
28 display, transport, exhibit or sale of goods, wares or
29 merchandise.
30 * * *
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1 ["RECALL." TO WITHDRAW BY FORMAL ACTION OF THE DEPARTMENT <--
2 FOR AN INDEFINITE PERIOD THE OPERATING PRIVILEGE OF A PERSON FOR
3 REASONS OF INCOMPETENCY.]
4 "Reconstructed vehicle." A vehicle materially altered from
5 its original construction by the removal, addition or
6 substitution of essential parts, new or used, or a vehicle,
7 other than an antique or [classic] historic motor vehicle, for
8 which [a certificate of junk] authorization to salvage the
9 vehicle was issued and is thereafter restored to operating
10 condition.
11 * * *
12 "Recreational vehicle." A vehicle designed as temporary <--
13 living quarters for recreation, camping or travel use.
14 * * *
15 "Roadway." That portion of a highway improved, designed or
16 ordinarily used for vehicular travel, exclusive of the
17 sidewalk[, berm] or shoulder even though such sidewalk[, berm]
18 or shoulder is used by pedalcycles. In the event a highway
19 includes two or more separate roadways the term "roadway" refers
20 to each roadway separately but not to all such roadways
21 collectively.
22 * * *
23 "Salvor." A person [engaged in the business of acquiring
24 abandoned vehicles] authorized by the department to remove
25 vehicles from public or private property or to acquire abandoned
26 vehicles for the purpose of taking apart, [junking] salvaging,
27 selling, rebuilding or exchanging the vehicles or parts thereof.
28 ["School bus." A motor vehicle which complies with the color <--
29 and lighting identification requirements of section 4552
30 (relating to general requirements for school buses).]
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1 * * *
2 "Street." A highway.
3 * * *
4 ["Taxi."] "Taxicab." A motor vehicle designed for carrying
5 no more than eight passengers, exclusive of the driver, on a
6 call and demand service, and used for the transportation of
7 persons for compensation.
8 "Through highway." A limited access highway or any other <--
9 highway or portion of a highway on which vehicular traffic is
10 given preferential right-of-way[, and at the entrances to which <--
11 vehicular traffic from intersecting highways is required by law
12 to yield the right-of-way to vehicles on the through highway in
13 obedience to a stop sign, yield sign or other official traffic-
14 control device when the signs or devices are erected as provided
15 in this title] AND EVERY LIMITED ACCESS HIGHWAY. <--
16 * * *
17 "Tower." A person authorized by the department to remove
18 vehicles from public or private property.
19 * * *
20 "Traffic signal." Any power-operated traffic-control device,
21 except a sign, barricade warning light, flashing arrow board or
22 steady burn electric lamp, by which traffic is warned or
23 directed to take some specific action. These devices include
24 traffic-control signals, pedestrian signals, beacons, lane-use-
25 control signals, drawbridge MOVEABLE BRIDGE signals, emergency <--
26 traffic signals, firehouse warning devices and ramp AND HIGHWAY <--
27 metering signals.
28 * * *
29 "Urban district." The territory contiguous to and including
30 any street which is built up with structures devoted to
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1 business, industry or dwelling houses situated at intervals of
2 less than 100 feet for a distance of a quarter of a mile or
3 more. The right-of-way of intersecting highways shall not be
4 counted in measuring distances between structures.
5 * * *
6 "Valueless except for [junk] salvage." A vehicle which is
7 inoperable or unable to meet the vehicle equipment and
8 inspection standards under Part IV (relating to vehicle
9 characteristics) to the extent that the cost of repairs would
10 exceed the value of the repaired vehicle. The term does not
11 include a vehicle which would qualify as an antique or [classic]
12 historic motor vehicle except for its lack of restoration or
13 maintenance.
14 "Vehicle." Every device [in, upon or by] which [any person <--
15 or property] is or may be [transported] moved or drawn upon a <--
16 highway, except devices used exclusively upon rails or tracks.
17 THIS TERM INCLUDES IMPLEMENTS OF HUSBANDRY AND SPECIAL MOBILE <--
18 EQUIPMENT.
19 * * *
20 § 1102. Vehicles not requiring certificate of title.
21 No certificate of title [shall be issued] is required for:
22 (1) A vehicle owned by the United States unless it is
23 registered in this Commonwealth.
24 (2) A golf cart, motor-driven cycle, go-cart or other
25 similar vehicle unless it is registered in this Commonwealth.
26 (3) A new vehicle owned by a manufacturer or
27 [registered] dealer before and until the first sale to a
28 consumer.
29 (4) A vehicle owned by a nonresident of this
30 Commonwealth and not required by law to be registered in this
19790H0425B2449 - 10 -
1 Commonwealth.
2 (5) A vehicle owned by a resident legally required to be
3 registered in another state, based and used principally
4 outside of this Commonwealth, and not required by law to be
5 registered in this Commonwealth.
6 (6) A vehicle regularly engaged in the interstate
7 transportation of persons or property for which a currently
8 effective certificate of title has been issued in another
9 state.
10 (7) A vehicle moved solely by human or animal power.
11 (8) An implement of husbandry unless required to be
12 registered.
13 (9) Special mobile equipment unless required to be
14 registered.
15 (10) A [mobile home] riding lawnmower, GARDEN TRACTOR or <--
16 snowplow with an engine not exceeding 16 horsepower or such
17 higher horsepower rating as determined by the department.
18 (11) OFF-ROAD VEHICLES UNLESS REQUIRED TO BE REGISTERED. <--
19 (12) SNOWMOBILIES.
20 § 1103. Application for certificate of title.
21 (a) Contents of application.--Application for a certificate
22 of title shall be made upon a form prescribed and furnished by
23 the department and shall contain a full description of the
24 vehicle, the vehicle identification number, date of purchase,
25 the actual or bona fide name and address of the owner, a
26 statement of the title of applicant, together with any other
27 information or documents the department requires to identify the
28 vehicle and to enable the department to determine whether the
29 owner is entitled to a certificate of title and the [amount and]
30 description of any security interests in the vehicle.
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1 * * *
2 (c) Manufacturer's [Statement] Certificate of Origin for new
3 vehicles.--If the application refers to a new vehicle, it shall
4 be accompanied by the Manufacturer's [Statement] Certificate of
5 Origin [for the vehicle]. A tracing or photograph of the vehicle
6 identification number shall not be required for passenger cars
7 or motorcycles.
8 (d) Vehicles purchased from dealers.--If the application
9 refers to a vehicle purchased from a dealer, the dealer shall
10 mail or deliver the application to the department within ten
11 days of the date of purchase. The application shall [contain the
12 names and addresses of any lienholders in order of priority, the
13 amounts and the dates of the security agreements, and] be
14 assigned by the dealer to the owner and signed by the owner. The
15 application shall also be signed and verified by the dealer by
16 oath or affirmation as required by subsection (b). Any dealer
17 violating this subsection is guilty of a summary offense and
18 shall, upon conviction, be sentenced to pay a fine of $50 for
19 each violation. The requirement that the dealer mail or deliver
20 the application to the department does not apply to vehicles
21 purchased by fleet owners or governmental or quasi-governmental
22 agencies.
23 (e) Out-of-state vehicles.--If the application refers to a
24 vehicle purchased or last previously titled or registered in
25 another state or country, the following information shall be
26 contained in or accompany the application or be forwarded in
27 support of the application as required by the department:
28 (1) Any certificate of title issued by the other state
29 or country.
30 (2) [A tracing of the vehicle identification number
19790H0425B2449 - 12 -
1 taken from the official number plate or, where it is
2 impossible to secure a legible tracing the] The verification
3 of a person authorized by the department that the vehicle
4 identification number of the vehicle has been inspected and
5 found to conform to the description given in the application.
6 (3) Any other information and documents the department
7 reasonably requires to establish the ownership of the vehicle
8 and the existence or nonexistence of security interests in
9 the vehicle.
10 * * *
11 § 1108. Registration without certificate of title.
12 If the department is not satisfied as to the ownership of the
13 vehicle or that there are no undisclosed security interests in
14 the vehicle, or if the holder of a security interest refuses to
15 submit a foreign title to the department for registration of the
16 vehicle in this Commonwealth, the department may register the
17 vehicle but shall withhold issuance of a certificate of title
18 until the applicant presents documents reasonably sufficient to
19 satisfy the department as to the ownership by the applicant of
20 the vehicle and that there are no undisclosed or outstanding
21 security interests in the vehicle.
22 § 1111. Transfer of ownership of vehicle.
23 (a) Duty of transferor.--In the event of the sale or
24 transfer of the ownership of a vehicle within this Commonwealth,
25 the owner shall execute an assignment and warranty of title to
26 the transferee in the space provided on the certificate or as
27 the department prescribes, sworn to before a notary public or
28 other officer empowered to administer oaths, and deliver the
29 certificate to the transferee [at the time of the delivery of
30 the vehicle] immediately.
19790H0425B2449 - 13 -
1 (B) DUTY OF TRANSFEREE.--EXCEPT AS OTHERWISE PROVIDED IN <--
2 SECTION 1113 (RELATING TO TRANSFER TO OR FROM MANUFACTURER OR
3 DEALER), THE TRANSFEREE SHALL, WITHIN [FIVE] TEN DAYS OF THE
4 ASSIGNMENT OR REASSIGNMENT OF THE CERTIFICATE OF TITLE, APPLY
5 FOR A NEW TITLE BY PRESENTING TO THE DEPARTMENT THE PROPERLY
6 COMPLETED CERTIFICATE OF TITLE, SWORN TO BEFORE A NOTARY PUBLIC
7 OR OTHER OFFICER EMPOWERED TO ADMINISTER OATHS, AND ACCOMPANIED
8 BY SUCH FORMS AS THE DEPARTMENT MAY REQUIRE.
9 * * *
10 § 1112. Disclosure of odometer reading and tampering with
11 odometer.
12 (a) Statement by transferor of odometer reading.--Each
13 transferor of a motor vehicle shall furnish to the transferee at
14 the time of transfer a written statement disclosing the odometer
15 reading of the vehicle at the time of transfer and the date of
16 the transfer. The statement shall be signed by the transferor on
17 such form as the department may prescribe.
18 (b) Statement when actual mileage unknown.--If the
19 transferor knows that the odometer reading differs from the
20 number of miles the vehicle has actually traveled, and that the
21 difference is greater than that caused by odometer calibration
22 error, the transferor shall include a statement that the actual
23 vehicle mileage is unknown.
24 (c) Tampering with odometer.--Except for purposes of repair
25 or replacement, it is unlawful for any person to disconnect,
26 turn back, tamper with or reset an odometer of any motor
27 vehicle.
28 (d) Exceptions.--The transferor [of the following types of
29 motor vehicles] need not disclose the odometer reading of [the
30 vehicle]:
19790H0425B2449 - 14 -
1 (1) A motor vehicle having a registered gross weight of
2 more than 17,000 pounds.
3 (2) A motor vehicle 25 years or older.
4 (3) A motor vehicle transferred between dealers prior to
5 first retail sale.
6 (4) A motor vehicle not originally equipped with an
7 odometer.
8 (5) A MOTOR VEHICLE TRANSFERRED IN CONJUNCTION WITH <--
9 APPLICATION FOR VEHICLE SALVAGE AUTHORIZATION.
10 (e) Penalties.--Any person violating subsection (a) or (b)
11 is guilty of a summary offense and shall, upon conviction, be
12 sentenced to pay a fine of $100. Any person violating subsection
13 (c) is guilty of a summary offense and shall, upon conviction,
14 be sentenced to pay a fine of $300.
15 § 1113. Transfer to or from manufacturer or dealer.
16 (a) Transfer to manufacturer or dealer.--When the purchaser
17 or transferee of a vehicle is a manufacturer or [registered]
18 dealer who holds the vehicle for resale, a certificate of title
19 need not be applied for as provided for in section 1111
20 (relating to transfer of ownership of vehicle) but the
21 transferee shall, within [seven] ten days from the date of
22 assignment of the certificate of title to the manufacturer or
23 dealer, forward to the department, upon a form prescribed and
24 furnished by the department, notification of the acquisition of
25 the vehicle. Notification as authorized in this section may not
26 be used in excess of three consecutive transactions after which
27 time an application shall be made for a certificate of title.
28 * * *
29 (c) Transfer from manufacturer or dealer.--[The manufacturer
30 or dealer, upon transferring his interest in the vehicle, shall,
19790H0425B2449 - 15 -
1 except] Except as otherwise provided in this section, when the
2 transferee is another manufacturer or dealer:
3 (1) The manufacturer or dealer upon transferring their
4 interest in the vehicle shall execute an assignment and
5 warranty of title to the transferee in the space provided on
6 the certificate or as the department prescribes.
7 (2) The transferee shall complete the application for
8 certificate of title in the name of the transferee.
9 [The] (3) The manufacturer or dealer shall forward the
10 certificate of title and any other required forms shall be
11 forwarded by the dealer or manufacturer to the department
12 within [five] ten days of the transfer.
13 * * *
14 § 1114. Transfer of vehicle by operation of law.
15 * * *
16 (b) Transfer to surviving spouse.--Transfer of a certificate
17 of title to a surviving spouse, or any person designated by the
18 SURVIVING spouse, may be made without the necessity of filing <--
19 for letters of administration notwithstanding the fact that
20 there are [minor] children or other heirs surviving the decedent
21 provided the surviving spouse files an affidavit that all the
22 debts of the decedent have been paid. The provisions of this
23 subsection do not supersede the bequest of a vehicle to another
24 person.
25 * * *
26 § 1117. Vehicle destroyed or [junked] salvaged.
27 (a) Application for [certificate of junk] vehicle salvage
28 authorization.--[Any owner who transfers a vehicle as scrap, or
29 to be destroyed or junked, shall assign the certificate of title
30 to the person to whom the vehicle is transferred. The transferee
19790H0425B2449 - 16 -
1 shall return the assigned certificate of title to the department
2 immediately with an application for a certificate of junk upon a
3 form furnished and prescribed by the department. An insurer, as
4 defined in the act of July 19, 1974 (P.L.489, No.176), known as
5 the "Pennsylvania No-fault Motor Vehicle Insurance Act," to
6 which title to a vehicle is assigned upon payment to the insured
7 of the replacement value of the vehicle, shall be regarded as a
8 transferee under this subsection.]
9 (1) No person shall scrap, dismantle or destroy a
10 vehicle or remove a vehicle from this Commonwealth for the
11 purpose of scrapping, dismantling or destroying the vehicle
12 unless the certificate of title has been endorsed with
13 authorization to salvage the vehicle. Upon receipt of the
14 certificate of title and application for authorization to
15 salvage a vehicle, the department will issue to the applicant
16 or their designee a certificate of title endorsed with
17 authorization to salvage the vehicle. A person who purchases
18 a vehicle to be scrapped, dismantled or destroyed shall apply
19 for authorization to salvage the vehicle within ten days.
20 (2) An owner who receives the replacement value of a
21 wrecked vehicle from an insurer as defined in the act of July
22 19, 1974 (P.L.489, No.176), known as the "Pennsylvania No-
23 fault Motor Vehicle Insurance Act," or the insurer or other
24 transferee, if title to the vehicle is transferred, shall
25 apply for authorization to salvage the vehicle within ten
26 days.
27 (3) Any person who purchases in another state a wrecked
28 vehicle whose owner received its replacement value from an
29 insurer shall apply for authorization to salvage the vehicle
30 within ten days of entry of the vehicle into this
19790H0425B2449 - 17 -
1 Commonwealth.
2 (4) No fee shall be payable for issuance of a
3 certificate of title endorsed with authorization to salvage.
4 However, if the applicant wishes the title to be issued in
5 the name of a salvor, scrap metal processor or other person,
6 the applicable title fee shall be payable. Any subsequent
7 assignment of the title shall also require payment of the
8 applicable fee.
9 [(b) Issuance and effect of certificate of junk.--Upon
10 proper application for a certificate of junk, the department
11 shall issue to the transferee a certificate of junk which shall
12 authorize the holder to possess, transport, or by endorsement,
13 transfer ownership in the junked vehicle, and a certificate of
14 title shall not again be issued for the vehicle except upon
15 application containing the information the department requires,
16 accompanied by any necessary documents or articles.]
17 [(c)] (b) Vehicles with defective or lost title.--Any person
18 on whose property is located a vehicle which is valueless except
19 for [junk] salvage and which has a faulty, lost or destroyed
20 title may transfer the vehicle to a salvor or to a salvage
21 program operated by a political subdivision for removal to a
22 suitable place of storage or for scrapping, provided the salvor
23 or salvage program complies with the requirements of section
24 7309 (relating to [junking] SALVAGING of vehicles valueless <--
25 except for [junk] salvage), except that the report to the
26 department that the vehicle is valueless except for [junk]
27 salvage shall be verified by the transferor of the vehicle
28 instead of the police department. The transferee shall return
29 the assigned certificate of title, if any to the department
30 immediately with an application for [certificate of junk]
19790H0425B2449 - 18 -
1 vehicle salvage authorization upon a form furnished and
2 prescribed by the department.
3 [(d] (c) Reconstructed vehicle.--If the title to a vehicle,
4 other than an antique or [classic] historic motor vehicle, [for
5 which a certificate of junk has been issued is thereafter
6 restored to operating condition, it shall be regarded as a
7 reconstructed vehicle] has been endorsed with authorization to
8 salvage the vehicle and the vehicle is thereafter restored to
9 operating condition, the salvage authorization endorsement may
10 be removed in favor of an endorsement UPON APPLICATION FOR <--
11 CERTIFICATE OF TITLE as a reconstructed vehicle upon AND payment <--
12 of the applicable fee.
13 [(e)] (d) Transfer to scrap metal processor.--
14 (1) When a scrap metal processor obtains a [destroyed or
15 junked] salvaged vehicle from a licensed salvor, it shall be
16 the duty of the salvor to obtain [a certificate of junk] the
17 salvage authorization endorsement therefor. When a scrap
18 metal processor purchases a [destroyed or junked] salvaged
19 vehicle from a person other than a salvor, it shall be the
20 duty of the scrap metal processor to obtain the [certificate
21 of junk] salvage authorization endorsement unless the
22 transferor has previously obtained the salvage authorization
23 endorsement.
24 (2) When a vehicle, which has been destroyed, is
25 transferred to a scrap metal processor no assignment of a
26 title endorsed with an authorization to salvage the vehicle
27 shall be required. As used in this paragraph, "destroyed"
28 means that the vehicle has been crushed, compressed, shredded
29 or otherwise irreversibly rendered unusable as a vehicle.
30 [(f)] (e) Penalty.--Any person violating the provisions of
19790H0425B2449 - 19 -
1 [subsections] subsection (a) or [(e)] (d) is guilty of a summary
2 offense and shall, upon conviction, be sentenced to pay a fine
3 of $200 for each violation.
4 § 1118. Suspension and cancellation of certificate of title.
5 (a) Return of [new] vehicle.--The department may cancel the
6 certificate of title issued for a [new] vehicle when it is shown
7 by satisfactory evidence that the vehicle has been returned
8 within the time specified in the department regulations to the
9 manufacturer or dealer from whom obtained.
10 (b) Vehicles sold to nonresidents [or [ junked] salvaged.-- <--
11 The department may cancel certificates of title for vehicles
12 sold to residents of other states or foreign countries when the
13 vehicle is to be registered in the other jurisdiction. [, or for <--
14 abandoned or destroyed vehicles authorized to be [junked] <--
15 salvaged as provided in this subchapter.] <--
16 * * *
17 (f) Nonpayment of fee.--The department may suspend a
18 certificate of title when a check received in payment of [the]
19 any fee for title or registration of the vehicle is not paid on
20 demand or when the fee [for the certificate] is unpaid and
21 owing. The suspension shall remain in effect until the required
22 fee and penalty have been paid.
23 * * *
24 § 1119. Application for or assignment of certificate of
25 title by agent.
26 (a) [Authorization to make application.--No] General rule.--
27 Except as provided in subsection (b), no person shall make
28 application for or assign a certificate of title when acting for
29 another person unless authorization to make the application or
30 assignment is in effect and is verified by oath or affirmation
19790H0425B2449 - 20 -
1 of the other person. [, made, excepting as between lessors and
2 fleet owners as lessees, not more than 15 days before the
3 application is received by the department. Lessors may authorize
4 fleet owners to make application for certificates of title for
5 leased vehicles for periods of up to one year.]
6 (b) [Certificate not to be assigned in blank.--No person
7 shall make application for, or assign or physically possess, a
8 certificate of title, or direct or allow another person in his
9 employ or control to make application for, or assign or
10 physically possess, a certificate of title, unless the name of
11 the transferee is placed on the assignment of certificate of
12 title simultaneously with the name of the transferor and duly
13 notarized.] Exception.--Executive officers of corporations and
14 associations and partners or sole proprietors of unincorporated
15 businesses are not required to have written authorization from
16 the corporation, association or unincorporated business.
17 [(c) Persons authorized to hold certificate.--No person
18 shall receive, obtain or hold a certificate of title recorded in
19 the name of another person for the other person who is not in
20 the regular employ of, or not a member of the family of, the
21 other person, unless the person receiving, obtaining or holding
22 the certificate of title has a valid undischarged lien recorded
23 in the department against the vehicle represented by the
24 certificate of title.]
25 [(d)] (c) Penalty.--Any person violating any of the
26 provisions of this section is guilty of a summary offense and
27 shall, upon conviction, be sentenced to pay a fine of $100.
28 § 1120. Certificate of title to contain name of transferee.
29 (a) General rule.--No person shall make application for, or
30 assign or physically possess, a certificate of title, or direct
19790H0425B2449 - 21 -
1 or allow another person in his employ or control to make
2 application for, or assign or physically possess, a certificate
3 of title, unless the name of the transferee is placed on the
4 assignment of certificate of title simultaneously with the name
5 of the transferor and the transaction is duly notarized.
6 (b) Penalty.--Any person violating any of the provisions of
7 this section is guilty of a summary offense and shall, upon
8 conviction, be sentenced to pay a fine of $100.
9 § 1121. Persons authorized to possess certificate of title.
10 (a) General rule.--No person shall receive, obtain or hold a
11 certificate of title recorded in the name of another person for
12 the other person who is not in the regular employ of, or not a
13 member of the family of, the other person, unless the person
14 receiving, obtaining or holding the certificate of title has a
15 valid undischarged lien recorded in the department against the
16 vehicle represented by the certificate of title.
17 (b) Exception.--This section shall not apply to a person who
18 is in the actual process of obtaining a document from or
19 delivering a document to the department on behalf of the owner
20 or registrant.
21 (c) Penalty.--Any person violating any of the provisions of
22 this section is guilty of a summary offense and shall, upon
23 conviction, be sentenced to pay a fine of $100.
24 § 1138. Duration of lien recorded on certificate of title.
25 (a) General rule.--A security interest recorded on a
26 certificate of title is effective for a period of [five] 15
27 years in the case of a mobile home and in all other cases six
28 years dating from the time of perfection as provided for in this
29 subchapter.
30 (b) Renewal of lien.--The effectiveness of a lien recorded
19790H0425B2449 - 22 -
1 on the certificate of title lapses on the expiration of the
2 periods specified in subsection (a) unless a continuation
3 statement is filed within the six months immediately preceding
4 expiration. The lien may be renewed for as many [one-year] <--
5 THREE-YEAR periods as may be necessary by the holder of the <--
6 security interest upon a form furnished by the department,
7 signed by the secured party and accompanied by the fee provided
8 in this title.
9 (c) Corrected certificate when lien expires.--A corrected
10 certificate of title without a statement of liens or
11 encumbrances shall be issued by the department, upon the request
12 of the owner, when the security interests recorded on the
13 certificate of title have expired.
14 § 1301. [Driving unregistered vehicle prohibited.]
15 Registration and certificate of title required.
16 (a) Driving unregistered vehicle prohibited.--No person
17 shall drive and no owner shall knowingly [It is a summary
18 offense for any person to drive or for an owner knowingly to]
19 permit to be driven upon any highway any vehicle [of a type
20 required to be registered under this chapter] not exempt from
21 registration which is not registered. [or for which the <--
22 appropriate fee has not been paid when and as required in this
23 title.] <--
24 (b) Certificate of title prerequisite to registration.--No
25 vehicle shall be registered unless a certificate of title has
26 been applied for or issued if one is required by Chapter 11
27 (relating to certificate of title and security interests).
28 (c) Penalty.--Any person violating the provisions of
29 subsection (a) is guilty of a summary offense and shall, upon
30 conviction, be sentenced to pay a fine of double the
19790H0425B2449 - 23 -
1 REGISTRATION fee for the maximum weight at which the vehicle <--
2 would COULD have been registered. <--
3 § 1302. Vehicles [subject to] exempt from registration. <--
4 [(a) General rule.--No vehicle shall be operated upon any
5 highway in this Commonwealth until the vehicle is properly
6 registered with the department as provided in this chapter.
7 (b) Exceptions.--Subsection (a) does not apply to the
8 following:]
9 (a) General rule.--The following types of vehicles are
10 exempt from registration:
11 (1) Any vehicle used in conformance with the provisions
12 of this chapter relating to dealers, persons registered under
13 any of the miscellaneous motor vehicle business classes or
14 nonresidents.
15 (2) Any implement of husbandry or trailer determined by
16 the department to be used exclusively for agricultural
17 operations and only incidentally operated upon highways.
18 [(i) A certificate of exemption shall be required
19 for trailers.
20 (ii)] Vehicles exempt from registration under this
21 paragraph shall be used exclusively upon a farm or farms
22 owned or operated by the owner of the vehicle or upon
23 highways between:
24 [(A)] (i) Parts of one such farm.
25 [(B)] (ii) [Farms] Such farms located not more than
26 25 miles apart.
27 [(C)] (iii) [A farm] Such farm or farms and a place
28 of business located within a radius of 25 miles from the
29 farm for the purpose of buying or selling agricultural
30 commodities or supplies or for [the inspection] delivery,
19790H0425B2449 - 24 -
1 repair or servicing of the vehicle.
2 § 1302. VEHICLES EXEMPT FROM REGISTRATION. <--
3 (A) GENERAL RULE.--THE FOLLOWING TYPES OF VEHICLES ARE
4 EXEMPT FROM REGISTRATION:
5 (1) ANY VEHICLE USED IN CONFORMANCE WITH THE PROVISIONS
6 OF THIS CHAPTER RELATING TO DEALERS, PERSONS REGISTERED UNDER
7 ANY OF THE MISCELLANEOUS MOTOR VEHICLE BUSINESS CLASSES OR
8 NONRESIDENTS.
9 (2) ANY IMPLEMENT OF HUSBANDRY OR TRAILER DETERMINED BY
10 THE DEPARTMENT TO BE USED EXCLUSIVELY FOR AGRICULTURAL
11 OPERATIONS AND ONLY INCIDENTALLY OPERATED UPON HIGHWAYS.
12 VEHICLES EXEMPT FROM REGISTRATION UNDER THIS PARAGRAPH SHALL
13 BE USED EXCLUSIVELY UPON A FARM OR FARMS OWNED OR OPERATED BY
14 THE OWNER OF THE VEHICLE OR UPON HIGHWAYS BETWEEN:
15 (I) PARTS OF ONE SUCH FARM.
16 (II) SUCH FARMS LOCATED NOT MORE THAN 25 MILES
17 APART.
18 (III) SUCH FARM OR FARMS AND A PLACE OF BUSINESS
19 LOCATED WITHIN A RADIUS OF 25 MILES FROM THE FARM FOR THE
20 PURPOSE OF BUYING OR SELLING AGRICULTURAL COMMODITIES OR
21 SUPPLIES OR FOR DELIVERY, REPAIR OR SERVICING OF THE
22 VEHICLE.
23 (3) Any self-propelled golf cart used for the
24 transportation of persons engaged in the game of golf while
25 crossing any public highway during any game of golf. SELF- <--
26 PROPELLED GOLF CARTS USED FOR THE TRANSPORTATION OF PERSONS
27 WHILE TRAVERSING A PUBLIC HIGHWAY IN A TOWNSHIP OF THE SECOND
28 CLASS GOING TO OR FROM A GOLF COURSE FOR THE PURPOSE OF
29 ENGAGING IN THE GAME OF GOLF SHALL ALSO BE EXEMPT FROM
30 REGISTRATION PROVIDED ALL THE FOLLOWING CONDITIONS ARE MET:
19790H0425B2449 - 25 -
1 (I) THE HIGHWAY IS MAINTAINED BY THE TOWNSHIP IN
2 WHICH IT RESIDES.
3 (II) THE HIGHWAY TRAVERSED IS A TWO LANE HIGHWAY OR
4 LESS.
5 (III) THE SPEED LIMIT ON SUCH HIGHWAY DOES NOT
6 EXCEED 35 MILES PER HOUR.
7 (IV) THE DISTANCE TRAVELED IN EITHER DIRECTION DOES
8 NOT EXCEED TWO MILES AND TAKES PLACE WHOLLY WITHIN AN
9 AREA DEFINED FOR THE PURPOSE BY TOWNSHIP ORDINANCE.
10 (V) THE HIGHWAY TRAVERSED IS MARKED WITH SIGNS
11 ADVISING OF THE OPERATION OF GOLF CARTS THEREON.
12 (4) Any oversized vehicle which can only be moved by
13 special permit as provided for in sections 4961(a)(1)
14 (relating to authority to issue permits), 4965 (relating to
15 single permits for multiple highway crossings), 4966
16 (relating to permit for movement of quarry or mining
17 equipment) and 4970 (relating to permit for movement of
18 [utility] construction equipment) or which is exempt from the
19 requirement for a special permit under section 4963 (relating
20 to exemptions for vehicles used in State highway
21 construction).
22 (5) Any vehicle registered and displaying plates issued
23 in a foreign country by the armed forces of the United States
24 for a period of 45 days from the date of [the return of the
25 owner to the United States] entry of the vehicle into this
26 Commonwealth.
27 (6) Any vehicle owned by a resident legally required to
28 be registered in another state based and used principally
29 outside of this Commonwealth.
30 (7) Any vehicle moved solely by human or animal power.
19790H0425B2449 - 26 -
1 (8) Any self-propelled invalid wheel chair or any device
2 other than a passenger car, truck, trailer or similar vehicle
3 designed and used exclusively for the transporting an invalid
4 on a wheel chair.
5 (9) Any mobile home.
6 (10) ANY FARM TRUCK USED EXCLUSIVELY UPON A FARM OR <--
7 FARMS OWNED OR OPERATED BY THE OWNER OF THE VEHICLE.
8 (I) SUCH A FARM TRUCK MAY BE DRIVEN UPON HIGHWAYS
9 ONLY FROM SUNRISE TO SUNSET AND BETWEEN:
10 (A) PARTS OF ONE SUCH FARM.
11 (B) SUCH FARMS LOCATED NOT MORE THAN TEN MILES
12 APART.
13 (C) SUCH FARM OR FARMS AND A PLACE OF BUSINESS
14 LOCATED WITHIN A RADIUS OF TEN MILES FROM THE FARM OR
15 FARMS FOR THE PURPOSE OF BUYING OR SELLING
16 AGRICULTURAL COMMODITIES OR SUPPLIES.
17 (D) SUCH FARM OR FARMS AND A PLACE OF BUSINESS
18 LOCATED WITHIN A RADIUS OF 25 MILES FROM SUCH FARM OR
19 FARMS FOR THE PURPOSE OF REPAIR OR SERVICING OF THE
20 FARM TRUCK.
21 (II) A BIENNIAL CERTIFICATE OF EXEMPTION SHALL BE
22 REQUIRED FOR SUCH A FARM TRUCK.
23 (10) (11) Any riding lawnmower or snowplow with an <--
24 engine not exceeding 16 horsepower or such higher horsepower
25 rating as determined by the department.
26 (11) Any trailer, including but not limited to non-self- <--
27 propelled special mobile equipment, to be used exclusively
28 for construction operations and only incidentally operated
29 upon the highway.
30 (12) ANY TRAILER, INCLUDING BUT NOT LIMITED TO NON-SELF- <--
19790H0425B2449 - 27 -
1 PROPELLED SPECIAL MOBILE EQUIPMENT, TO BE USED PRIMARILY FOR
2 OFF HIGHWAY USE AND ONLY OPERATED INCIDENTLY UPON THE
3 HIGHWAY.
4 (12) (13) Any trailer registered in another state towed <--
5 by a motor vehicle registered in this Commonwealth provided:
6 (i) the owner has as many trailers registered in
7 this Commonwealth as combinations so registered; or
8 (ii) the towing vehicle is being operated under a
9 permanent lease to a person meeting the requirements of
10 subparagraph (i).
11 (13) (14) Any vehicle owned by the United States <--
12 government.
13 (14) (15) Any vehicle for which a permit has been issued <--
14 pursuant to section 4971 (relating to permit for operation of
15 chemical and fertilizer vehicles).
16 (16) ANY SNOWMOBILE. <--
17 [(c) (B) Certificate of title required.--No vehicle shall be <--
18 registered unless a certificate of title has been obtained, if
19 one is required by Chapter 11 (relating to certificate of title
20 and security interests).]
21 (b) Registration by certain residents in another state.--
22 (1) No NATURAL person who is a resident of this <--
23 Commonwealth or who is a resident of more than one state, <--
24 including this Commonwealth, and has declared himself to be a
25 Commonwealth resident, shall register a passenger vehicle in <--
26 another state and subsequently operate such passenger vehicle <--
27 in this Commonwealth on a regular basis.
28 (2) Any person violating the provisions of this
29 subsection shall be guilty of a summary offense and shall pay
30 a mandatory fine of $500.
19790H0425B2449 - 28 -
1 § 1303. Vehicles of nonresidents exempt from registration.
2 (a) General rule.--A nonresident owner of any foreign
3 vehicle may operate or permit the operation of the vehicle
4 within this Commonwealth without registering the vehicle in this
5 Commonwealth or paying any fees to the Commonwealth, provided
6 the vehicle at all times when operated in this Commonwealth is
7 duly registered where required and in full compliance with the
8 registration and inspection requirements of the place of
9 residence of the owner and further provided the vehicle is not:
10 (1) used for the transportation of persons for hire,
11 compensation or profit;
12 (2) regularly operated in carrying on business within
13 this Commonwealth;
14 (3) designed, used or maintained primarily for the
15 transportation of property for hire, compensation or profit
16 and not subject to reciprocity under section 6144 (relating
17 to vehicle registration and licensing) or 6149 (relating to
18 automatic reciprocity); or
19 (4) [special mobile equipment if not also required to be
20 and actually registered under the laws of the place of
21 residence of the owner.] used by a resident of this
22 Commonwealth for more than 30 consecutive days.
23 * * *
24 [(e) Trailer as part of registered combination.--Any motor
25 vehicle registered as a combination in this Commonwealth may tow
26 a trailer registered in another state provided:
27 (1) the owner has as many trailers registered in this
28 Commonwealth as combinations so registered; or
29 (2) the towing vehicle is being operated under a
30 permanent lease to a person meeting the requirements of
19790H0425B2449 - 29 -
1 paragraph (1).]
2 § 1304. Registration criteria.
3 * * *
4 (d) Maximum registered gross weight.--
5 (1) No truck, truck tractor or trailer shall be <--
6 registered at a gross weight in excess of the lowest of:
7 [(1)] (I) the limiting weights established IN <--
8 CHAPTER 49 (RELATING TO SIZE, WEIGHT AND LOAD) on the
9 basis of axle load, tire load, horsepower or gross weight
10 by type of vehicles;
11 [(2)] (II) the gross vehicle weight rating assigned <--
12 by the manufacturer; or
13 [(3)] (III) a combination weight greater than the <--
14 gross combination weight rating.
15 (2) In the case of a vehicle [in] TO which no gross <--
16 vehicle weight rating or gross combination weight rating is
17 assigned by the manufacturer or where the vehicle has been
18 altered subsequent to manufacture to change its weight
19 bearing capacity, an equivalent rating [shall] may be
20 determined by the department on the basis of the vehicle's
21 horsepower, braking ability, axle limitations and such other
22 factors related to safe operation as may be established by
23 regulations of the department. The limitations of this
24 subsection do not apply to motor vehicles registered prior to
25 July 1, 1977 or if the Manufacturer's Statement of Origin
26 indicates that the vehicle is a 1977 model year or earlier.
27 * * *
28 § 1305. Application for registration.
29 (a) General rule.--Application for the registration of a
30 vehicle shall be made to the department upon the appropriate
19790H0425B2449 - 30 -
1 form or forms furnished by the department. The application shall
2 contain the full name and address of the owner or owners; the
3 make, [model,] year and vehicle identification number of the
4 vehicle; and such other information as the department may
5 require including information pertaining to insurance.
6 Applicants for registration of a truck, truck tractor, trailer
7 or bus shall provide the vehicle's Gross Vehicle Weight Rating
8 (GVWR), or the Gross Combination Weight Rating (GCWR), as
9 applicable. If the manufacturer's ratings are not available, the
10 applicant shall provide sufficient information as to the
11 horsepower, braking capacity and such other data as necessary
12 for the department to determine an equivalent measure of the
13 vehicle's hauling and stopping capability. If the applicant
14 wishes to register a vehicle at a registered gross weight less
15 than the gross vehicle weight rating, the application shall
16 include information as to weight, load and any other such
17 information as the department may require. The application shall
18 be accompanied by [proof of insurance and] the applicable fee.
19 (b) Evidence of P.U.C. approval for buses and [taxis]
20 taxicabs.--Before registering any bus or [taxi] taxicab which is
21 required under the laws of this Commonwealth to obtain a
22 certificate of public convenience from the Pennsylvania Public
23 Utility Commission, the department shall require evidence that
24 the certificate has been issued and has not been revoked or has
25 not expired.
26 (c) Designation of lessee as registrant.--The owner as
27 lessor may designate the lessee as the registrant of the vehicle
28 and the name and address of the lessee may be substituted on the
29 registration card for the address of the lessor. The department
30 shall designate the relationship upon the card in a manner it
19790H0425B2449 - 31 -
1 deems appropriate. This subsection is applicable only for the
2 period during which the lease remains in effect.
3 § 1306. Grounds for refusing registration.
4 The department shall refuse registration [and] or renewal or
5 transfer of registration when any of the following circumstances
6 [exists] ARE KNOWN TO EXIST: <--
7 (1) The applicant is not entitled to registration under
8 the provisions of this chapter.
9 (2) The applicant has at registration or titling
10 neglected or refused to furnish the department with the
11 information required on the appropriate official form, or any
12 reasonable additional information required by the department.
13 (3) The department has reasonable grounds to believe
14 that the application contains false or fraudulent
15 information, or that the vehicle is stolen, which fact the
16 department shall ascertain by reference to the stolen vehicle
17 file required to be maintained under section 7114 (relating
18 to records of stolen vehicles), or that the granting of
19 registration would constitute a fraud against the rightful
20 owner or other person having a valid lien upon the vehicle.
21 (4) [The fees required by law] Any fees required by this
22 title have not been paid.
23 (5) The vehicle is not constructed or equipped as
24 required by this title.
25 (6) The registration of the vehicle stands suspended for
26 any reason as provided for in this title.
27 § 1307. Period of registration.
28 * * *
29 (c) Renewal of registration.--A renewed registration shall
30 be effective on issuance by the department of a renewed
19790H0425B2449 - 32 -
1 registration card except that the department, by regulation, may
2 establish a renewal system coordinated with the periodic
3 inspection of vehicles as provided in section 4702 (relating to
4 [requirement for] periodic inspection of vehicles).
5 * * *
6 (e) Antique and [classic] historic vehicles.--Antique and
7 [classic] historic motor vehicle registrations shall expire upon
8 the [junking,] SALVAGING, scrapping or transfer of ownership of <--
9 the vehicle, except that if the transfer is between spouses or
10 between parent and child the registration may be transferred
11 upon payment of a transfer fee.
12 § 1309. Renewal of registration.
13 Prior to the expiration of each registration, the department
14 shall send to the registrant an application for renewal of
15 registration. The application shall contain the full name and
16 address of the owner or owners; the make and vehicle
17 identification number of the vehicle; and such other information
18 as the department may require including information pertaining
19 to insurance. Upon return of the application, accompanied by
20 [proof of insurance and] the applicable fee, the department
21 shall send to the registrant a renewed registration card.
22 Failure to receive a renewal application shall not relieve a
23 registrant from the responsibility to renew the registration.
24 § 1310. Temporary registration cards.
25 (a) General rule.--The department shall provide temporary
26 registration cards for use pending issuance or transfer of
27 permanent registration cards. Temporary registration cards may
28 be delivered to [designated] agents, WHO MAY BE EITHER NOTARIES <--
29 PUBLIC OR MESSENGER SERVICES, who shall have the authority to
30 issue them in accordance with regulations promulgated by the
19790H0425B2449 - 33 -
1 department. The department shall appoint messenger services as <--
2 MAY APPOINT agents and authorize them to issue temporary <--
3 registration cards and plates at their main and branch offices.
4 Any agent appointed by the department to issue temporary
5 registration cards and plates shall secure a certificate of
6 authorization as a messenger service pursuant to section 7502 <--
7 (relating to certificate of authorization), except that dealers, <--
8 local officials, Commonwealth officers and employees shall be
9 exempt from such requirement.
10 (b) Duration.--Temporary registration cards shall be valid
11 for such period as the department shall designate.
12 (c) Charges by [designated] agent.--[A designated agent may
13 not charge any fee for issuing a temporary registration card
14 other than notary fees.] For issuing a temporary registration
15 card, an agent may not charge any fee except a notary fee.
16 (d) Penalty.--Any agent issuing temporary registration cards
17 in violation of department regulations is guilty of a summary
18 offense and shall, upon conviction, be sentenced to pay a fine
19 of $300.
20 § 1311. Registration card to be signed and [exhibited on
21 demand] in possession of driver.
22 (a) Signing card.--Upon receiving the registration card or
23 any duplicate, the registrant shall sign his name in the space
24 provided.
25 (b) [Carrying and exhibiting card] Driver to possess card.--
26 Every registration card shall, at all times while the vehicle is
27 being operated upon a highway, be in the possession of the
28 person driving or in control of the vehicle or carried in the
29 vehicle. [and shall be exhibited upon demand of any police
30 officer.]
19790H0425B2449 - 34 -
1 (c) Production to avoid penalty.--No person shall be
2 convicted of violating this section or section [1302 1301 <--
3 (relating to vehicles subject to registration) DRIVING <--
4 UNREGISTERED VEHICLE PROHIBITED)] 1301 (relating to registration
5 and certificate of title required) if the person produces at the
6 office of the issuing authority [or at the office of the
7 arresting police officer] within five days of the violation[, a
8 registration card valid in this Commonwealth at the time of the
9 arrest.]:
10 (1) a registration card valid in this Commonwealth at
11 the time of the violation; or
12 (2) if the registration card is lost, stolen, destroyed
13 or illegible, evidence that the vehicle was registered at the
14 time of the violation.
15 § 1312. Notice of change of name or address.
16 Any person whose address is changed from the address named in
17 the application for registration or on the registration card or
18 whose name is changed shall, within 15 days, notify the
19 department [in writing] on a department form of the old and new
20 address, or of such former and new names, and of the
21 [operator's] registration number on any registration card then
22 held by the person.
23 § 1313. Duplicate registration cards.
24 * * *
25 [(c) Affidavit to avoid penalty.--No owner or operator of a
26 vehicle shall be subject to a fine for failure to have the
27 registration card if the owner or operator makes affidavit that
28 the card was lost or stolen within the period of 20 days
29 preceding and that application for new registration card was
30 made within 48 hours as required in this section.]
19790H0425B2449 - 35 -
1 § 1315. Operation of vehicle following death of owner.
2 When the owner of a vehicle is deceased, the vehicle may be
3 operated by or for any heir or personal representative of the
4 decedent for the remainder of the current registration period
5 and, if the registration is renewed in the name of the
6 decedent's estate as otherwise required by this chapter,
7 throughout the next following registration period[, provided
8 that the registration is renewed in the name of the decedent's
9 estate as otherwise required by this chapter]. Registration may
10 continue to be renewed thereafter in the name of the decedent's
11 estate by any person entitled to the family exemption until the
12 final account is approved by the court.
13 § 1331. Issuance of registration plates.
14 * * *
15 (e) Issuance of plates by agents.--The department may
16 deliver registration plates, other than special plates, to
17 designated agents, who shall have the authority to issue them in
18 conjunction with the issuance of temporary registration cards.
19 Any agent issuing registration plates in violation of department
20 regulations is guilty of a summary offense and shall, upon
21 conviction, be sentenced to pay a fine of $300.
22 (f) Registration plates for trucks and truck tractors.--The
23 department shall establish and implement a system to insure that
24 all trucks and truck tractors of Class 11 or higher registered
25 pursuant to this title and subject to the fees established for
26 such classes by section 1916 (relating to trucks and truck
27 tractors) receive, at each annual registration, a new
28 registration plate which is clearly distinguishable from the
29 registration plates issued for the prior two years.
30 § 1333. Lost, stolen, damaged or illegible registration plate.
19790H0425B2449 - 36 -
1 * * *
2 (b) Substitute registration.--Where the registration plate
3 has been lost or stolen and in any other case in which the
4 department may deem it advisable, the original registration
5 shall be cancelled and substitute registration issued under a
6 new registration number other than that originally issued.
7 However, the same registration number may be reused for special
8 plates for which an additional fee was paid. Upon receipt of
9 substitute registration, it shall be the duty of the registrant
10 to return the old registration plates and card to the
11 department, unless lost or destroyed.
12 (c) [Affidavit] Proof of application to avoid penalty.--No
13 owner or operator of a vehicle shall be subject to a fine for
14 the reason that the registration plate is missing if they have
15 in their possession [an affidavit that the plate was lost or
16 stolen and that] evidence of an application for new plate or
17 plates [was made within 48 hours] made as required in this
18 section.
19 § 1334. Return of registration plate.
20 (a) General rule.--Registration plates shall be returned to
21 the department under the following circumstances:
22 (1) A registration plate shall be returned if the
23 [registrant no longer has a vehicle titled in this
24 Commonwealth.] ownership of the vehicle is transferred unless
25 the registration plate is transferred with the vehicle or to
26 another vehicle as provided in section 1314 (relating to
27 transfer of registration).
28 (2) A legislative registration plate shall be returned
29 on the expiration or termination of the term of office of the
30 legislative member.
19790H0425B2449 - 37 -
1 (3) A dealer or "Miscellaneous Motor Vehicle Business"
2 registration plate shall be returned if the business is
3 discontinued.
4 (4) A handicapped registration plate shall be returned
5 if the person to whom it was issued no longer qualifies under
6 section 1338 (relating to handicapped plate).
7 * * *
8 § 1335. Registration plates for manufacturers and dealers.
9 (a) General rule.--The department shall issue to dealers and
10 manufacturers licensed by the State Board of Motor Vehicle
11 Manufacturers, Dealers and Salesmen of the Department of State
12 special registration plates which may be displayed on vehicles
13 operating on highways in lieu of registering each vehicle
14 individually. [in accordance with the requirements of section <--
15 1302(a) (relating to vehicles subject to registration)].
16 (b) Application for plates.--Application for dealer or
17 manufacturer registration plates shall be made by the dealer or
18 manufacturer on a form provided by the department together with
19 a copy of his license from the State Board of Motor Vehicle
20 Manufacturers, Dealers and Salesmen.
21 (c) Exemption from individual registration.--Vehicles
22 displaying dealer or manufacturer registration plates may be
23 operated on the highway without registering each vehicle
24 individually, provided that the plates are used in accordance
25 with the limitations of section 1336 (relating to use of dealer
26 or manufacturer registration plates).
27 (d) Dealer authorized to purchase other plates.--Any dealer
28 may purchase dealer registration plates for all types of
29 vehicles.
30 § 1336. Use of dealer or manufacturer registration plates.
19790H0425B2449 - 38 -
1 (a) General rule.--Dealer or manufacturer registration
2 plates may be used on any vehicle owned or in possession of a
3 dealer or manufacturer and operated by the dealer or
4 manufacturer or their employees only when the vehicle is used
5 for any of the following purposes:
6 (1) In the business of the registrant as a dealer or
7 manufacturer.
8 (2) For the personal pleasure or use of the dealer or
9 members of his immediate family, or when the dealer is a
10 corporation, for the personal pleasure or use of the officers
11 or members of their immediate families, or for the personal
12 use of the regular employees of the dealer.
13 (3) For teaching students enrolled in an approved driver
14 education course how to operate a vehicle and for the new
15 driver to take an examination for a driver's license.
16 (4) For testing vehicles in the possession of the dealer
17 or manufacturer.
18 (5) For demonstrating vehicles in the possession of the
19 dealer or manufacturer.
20 (6) For loaning without charge to customers whose
21 vehicles are being repaired.
22 (7) For loaning without charge to prospective purchasers
23 for a period not exceeding five days for the purpose of
24 demonstrating vehicles.
25 (b) Records.--Records shall be kept by the dealer or
26 manufacturer in a manner prescribed by the department indicating
27 which vehicles have been used as provided in subsection (a)(3),
28 (6) and (7). The records shall be open to inspection by
29 representatives of the department and police officers.
30 (c) Motorcycle, motor-driven cycle, motorized pedalcycle and
19790H0425B2449 - 39 -
1 trailer dealer plates.--Motorcycle, motor-driven cycle,
2 motorized pedalcycle and trailer dealer or manufacturer plates
3 used as provided in subsection (a)(1) may only be used on
4 motorcycles, motor-driven cycles, motorized pedalcycles and
5 trailers, as the case may be.
6 § 1337. [Use of] "Miscellaneous Motor Vehicle Business"
7 registration plates.
8 (a) General rule.--The department shall issue to owners of
9 miscellaneous motor vehicle businesses special registration
10 plates which may be displayed on vehicles operated on highways
11 in lieu of registering each vehicle individually. [in accordance <--
12 with the requirements of section 1302(a) (relating to vehicles
13 subject to registration)]. Registration plates issued under this
14 section may be used only when the vehicle is used for [any of]
15 the following purposes:
16 (1) In the conduct of the miscellaneous motor vehicle
17 business.
18 (2) For the personal pleasure or use of the owner of the
19 miscellaneous motor vehicle business or members of their
20 immediate family, or when the business is a corporation, for
21 the pleasure or use of not more than three officers or
22 members of their immediate families, or for the personal use
23 of the regular employees of the business when operated by the
24 employee.
25 (3) For loaning without charge to customers whose
26 vehicles are being repaired.
27 (4) In the case of a fleet owner, for pickup or delivery
28 of their vehicles.
29 * * *
30 (c) Classes of "Miscellaneous Motor Vehicle Business".--
19790H0425B2449 - 40 -
1 (1) Repair[, service and towing] or service.--Any person
2 engaged in the repair[, service or towing] or service of
3 motor vehicles.
4 (2) Vehicle salvage dealer.--Any person who maintains an
5 established place of business and who is engaged in the
6 business of buying, selling or exchanging used, wrecked or
7 abandoned vehicles and junkers for the purpose of remodeling,
8 taking apart, or rebuilding the same, or buying or selling of
9 parts.
10 (3) Transporter.--A person regularly engaged in the
11 business of transporting new or used vehicles [or new and
12 used trailers] on their own wheels, owned by or in possession
13 of a registered dealer.
14 (4) [Financier] Financer or collector-repossessor.--A
15 person who is [duly] authorized by the Department of Banking
16 to do business in this Commonwealth as a [financier] financer
17 or collector-repossessor and who is regularly engaged in the
18 business of financing sales, making loans on the security of
19 vehicles or repossessing vehicles which are the subject of
20 installment sales contracts as an independent contractor.
21 (5) Fleet owner.--A person or entity defined in this
22 title as a fleet owner.
23 § 1338. Handicapped plate AND PLACARD. <--
24 (a) Issuance OF PLATE.--On the application of any person <--
25 who:
26 (1) does not have full use of a leg or both legs or an
27 arm or both arms or both hands;
28 (2) is blind; [or]
29 (3) is [in loco parentis of a person specified in
30 paragraph (1) or (2)] unable to move without the aid of a
19790H0425B2449 - 41 -
1 mechanical device;
2 (4) suffers from lung disease to such an extent that his
3 forced (respiratory) expiratory volume for one second when
4 measured by spirometry is less than one liter or his
5 artificial oxygen tension (Po2) is less than 60MM/hg on room
6 air at rest; or
7 (5) is a spouse or parent or a person in loco parentis
8 of a person specified in paragraph (1), (2), (3) or (4);
9 the department shall issue a special registration plate for [one
10 passenger car or other vehicle] passenger cars or other vehicles
11 with a registered gross weight of not more than 9,000 pounds,
12 designating the vehicle so licensed as being used by a
13 handicapped person. Special plates for handicapped persons may
14 also be issued for vehicles operated exclusively for the
15 noncommercial use and benefit of handicapped persons.
16 (b) Form of plate.--The department shall issue at the option
17 of the applicant a handicapped plate bearing either the standard
18 wheelchair logo or the letters HP.
19 (C) HANDICAPPED PARKING PLACARD.--ON THE APPLICATION OF ANY <--
20 PERSON WHO MEETS THE QUALIFICATIONS OF SUBSECTION (A), THE
21 DEPARTMENT SHALL ISSUE ONE SPECIAL PARKING PLACARD OF SUCH SIZE
22 AND DESIGN AS THE DEPARTMENT SHALL SPECIFY, DESIGNATING THE
23 VEHICLE IN WHICH IT IS DISPLAYED AS BEING USED FOR THE
24 TRANSPORTATION OF A HANDICAPPED PERSON. SUCH PLACARD SHALL BE
25 PROMINENTLY DISPLAYED ON THE RIGHT FRONT DASH OF THE VEHICLE
26 WHEN IT IS IN USE FOR THE TRANSPORTATION OF SUCH PERSON.
27 § 1339. Legislative plate.
28 Upon application by a member of the General Assembly of the
29 Commonwealth or the Congress of the United States, or by a
30 member of such legislator's immediate family, the department
19790H0425B2449 - 42 -
1 shall issue special registration plates for not more than three
2 vehicles indicating that the vehicle is owned, leased or rented
3 by a member of the Pennsylvania or United States Senate or House
4 of Representatives, as appropriate.
5 § 1340. Antique and [classic] historic plates.
6 (a) General rule.--Upon submission by a vehicle owner of
7 information satisfactory to the department that a motor vehicle
8 is an antique motor vehicle or [classic] historic motor vehicle,
9 accompanied by the appropriate fee, the department may issue
10 special plates for the vehicle. No annual registration fee may
11 be charged for antique or [classic] historic motor vehicles.
12 (b) Use of plates.--It is unlawful for any person to operate
13 a vehicle with antique or [classic] historic registration plates
14 for general daily transportation. Permitted use shall be limited
15 to participation in club activities, exhibits, tours, parades,
16 occasional transportation and similar uses.
17 § 1342. [Disabled veteran plate.] Veteran plates AND PLACARD. <--
18 (a) Veteran plate.--Upon the application of a veteran, whose
19 status is certified by the United States Veterans
20 Administration, the department shall issue a special
21 registration plate designating the vehicle as belonging to a
22 veteran. The registration plate shall have the word "veteran" in
23 at least ten-point bold type, inscribed on the bottom of the
24 plate. The veteran plate shall have the same force and effect as
25 regular registration plates. The applicant shall comply with all
26 the provisions of this title pertaining to registration
27 including the payment of the fee specified in section 1934
28 (relating to veteran registration plates).
29 (b) Disabled veteran plate.--On the application of a
30 [totally] disabled veteran, whose disability is certified by the
19790H0425B2449 - 43 -
1 United States Veterans' Administration as service-connected, the
2 department shall issue a special registration plate designating
3 the vehicle as belonging to a [totally] disabled veteran. The
4 registration plate shall have a white background, shall have
5 blue numbers or letters as the department may determine, and
6 shall have the words, "disabled veteran," in at least ten-point
7 bold type, inscribed in red at the bottom of the plate. The
8 special registration plate may be used only on one passenger
9 [vehicle] car or one other vehicle with a registered gross
10 weight of not more than 9,000 pounds.
11 (C) DISABLED VETERAN PLACARD.--ON THE APPLICATION OF ANY <--
12 PERSON WHO MEETS THE QUALIFICATIONS OF SUBSECTION (B), THE
13 DEPARTMENT SHALL ISSUE ONE SPECIAL PARKING PLACARD OF SUCH SIZE
14 AND DESIGN AS THE DEPARTMENT SHALL SPECIFY, DESIGNATING THE
15 VEHICLE IN WHICH IT IS DISPLAYED AS BEING USED FOR THE
16 TRANSPORTATION OF A DISABLED VETERAN. SUCH PLACARD SHALL BE
17 PROMINENTLY DISPLAYED ON THE RIGHT FRONT DASH OF THE VEHICLE
18 WHEN IT IS IN USE FOR THE TRANSPORTATION OF SUCH DISABLED
19 VETERAN.
20 § 1343. Amateur radio operator plates.
21 (A) ISSUANCE.--Upon request by an applicant who holds a <--
22 valid Federal Communications Commission amateur radio station
23 license, the department shall issue a registration plate which
24 shall carry the call letters of the amateur radio station. The
25 amateur radio registration plates shall have the same force and
26 effect as regular registration plates. The applicant shall
27 comply with all provisions of this title pertaining to
28 registration including the payment of the fee specified in
29 section 1933 (relating to amateur radio operator plates).
30 (B) PLATE NUMBER RESERVED.--ONLY A PERSON HOLDING THE <--
19790H0425B2449 - 44 -
1 PARTICULAR AMATEUR RADIO STATION CALL LETTERS AS ISSUED TO HIM
2 BY THE FEDERAL COMMUNICATIONS COMMISSION SHALL BE ENTITLED TO
3 THE ISSUANCE OF THOSE LETTERS ON A REGISTRATION PLATE. SUCH
4 PLATE SHALL NOT BE TRANSFERABLE TO ANY OTHER PERSON FOR THE
5 PURPOSE OF VEHICLE REGISTRATION.
6 § [1343.] 1344. Use of school bus plates.
7 (a) General rule.--A motor vehicle bearing school bus
8 registration plates shall be used exclusively for the
9 transportation of children and [no more than five] chaperons to
10 or from public, private, parochial or Sunday school or in
11 connection with any public, private, parochial or Sunday school-
12 related activity. [Except when transporting children to and from
13 public, private, parochial or Sunday school or public, private,
14 parochial or Sunday school-related activities, the words "school
15 bus" on the front and rear of the vehicle shall be concealed and
16 the red and amber visual signals shall not be operable.]
17 (b) Signs and signals.--
18 (1) When transporting children to and from public,
19 private, parochial or Sunday school or public, private,
20 parochial or Sunday school-related activities as provided in
21 subsection (a), the words "school bus" shall be clearly
22 visible as provided by department regulations and the red and
23 amber visual signals shall be used as provided in section
24 3345 (relating to meeting or overtaking school bus).
25 (2) When operated other than as authorized in subsection
26 (a), a motor vehicle bearing school bus registration plates
27 shall have the words "school bus" on the vehicle covered or
28 concealed and the red and amber visual signals shall not be
29 actuated.
30 [(b)] (c) Penalty.--Any person violating this section is
19790H0425B2449 - 45 -
1 guilty of a summary offense and shall, upon conviction, be
2 sentenced to pay a fine of $25.
3 § [1344.] 1345. Use of farm truck plates. <--
4 (a) General rule.--A truck bearing farm truck registration
5 plates shall be used exclusively upon a farm or farms owned or
6 operated by the registrant of the vehicle or upon highways
7 between:
8 (1) Parts of one such farm.
9 (2) [Farms] Such farms located not more than 25 miles
10 apart.
11 (3) [A] Such a farm or farms and a place of business
12 located within a radius of 50 miles from the farm or farms
13 for the purpose of buying or selling agricultural commodities
14 or supplies or for the inspection, repair or servicing of the
15 vehicle.
16 (b) Penalty.--Any person violating this section is guilty of
17 a summary offense and shall, upon conviction, be sentenced to
18 pay a fine of $25 and shall, upon conviction for a second or
19 subsequent offense, be sentenced to pay a fine of $200.
20 § 1371. Operation following suspension of registration.
21 (a) General rule.--No person shall operate and no owner
22 shall permit to be operated upon any highway a vehicle the
23 registration of which has been suspended.
24 (b) Registration outside Commonwealth prohibited.--No
25 resident of this Commonwealth shall register in another state a
26 vehicle for which the registration is under suspension in this
27 Commonwealth.
28 [(b)] (c) Penalty.--Any person violating this section is
29 guilty of a summary offense and shall, upon conviction, be
30 sentenced to pay a fine of not less than $100 nor more than
19790H0425B2449 - 46 -
1 $500.
2 § 1373. Suspension of registration.
3 The department may suspend any registration [after providing
4 opportunity for a hearing] in any of the following cases when
5 the department finds upon sufficient evidence that:
6 (1) The vehicle is unsafe or unfit for operation or is
7 not equipped as required by this title.
8 (2) The owner or registrant has made, or permitted to be
9 made, any unlawful use of the vehicle or registration plate
10 or plates, or registration card, or permitted the use by a
11 person not entitled thereto.
12 (3) The owner or registrant has knowingly made a false
13 statement or knowingly concealed a material fact or otherwise
14 committed a fraud in any application or form required to be
15 filed by this title.
16 (4) [Upon the request or order of any] A court of record
17 requested or ordered the suspension.
18 (5) [The required fee has not been paid.] A check
19 received in payment of any fee for title or registration of
20 the vehicle is not paid on demand or when the fee is unpaid
21 and owing. This suspension shall remain in effect until the
22 required fee and penalty have been paid.
23 (6) The registrant or any agent or employee has
24 repeatedly violated any of the provisions of this chapter or
25 Chapter 11 (relating to certificate of title and security
26 interests).
27 § 1374. Suspension of vehicle business registration plates.
28 (a) General rule.--The department may suspend registration
29 plates for dealers, manufacturers or members of the
30 "Miscellaneous Motor Vehicle Business" class after providing
19790H0425B2449 - 47 -
1 opportunity for a hearing in any of the following cases when the
2 department finds upon sufficient evidence that:
3 (1) The registrant is no longer entitled to licensing as
4 a dealer or manufacturer or to registration in the
5 "Miscellaneous Motor Vehicle Business" class.
6 (2) The registrant has made or permitted to be made any
7 unlawful use of the vehicle or registration plate or plates
8 or registration card or permitted the use by a person not
9 entitled thereto.
10 (3) The registrant has knowingly made a false statement
11 or knowingly concealed a material fact or otherwise committed
12 a fraud in any application.
13 (4) The registrant has failed to give notice of transfer
14 of ownership or of the destruction or [junking] salvaging of
15 any vehicle when and as required by this title.
16 (5) The registrant has failed to deliver to a transferee
17 lawfully entitled thereto or to the department, when and as
18 required by this title, a properly assigned certificate of
19 title.
20 (6) The registrant has repeatedly violated any of the
21 provisions of this title or of department regulations.
22 (7) [Any fee payable to the Commonwealth in connection
23 with the operation of the business of the registrant has not
24 been paid.] A check received payable to the Commonwealth in
25 connection with the operation of the business of the
26 registrant is not paid on demand or any fee is unpaid and
27 owing. This suspension shall remain in effect until the
28 required fee and penalty have been paid.
29 (b) [Recommended action by State licensing board] Audits and
30 investigations.--The department and the Pennsylvania State
19790H0425B2449 - 48 -
1 Police may [also] audit and investigate dealers and
2 manufacturers [registered by the State Board of Motor Vehicle
3 Manufacturers, Dealers and Salesmen] to determine whether any
4 dealer or manufacturer has violated any provision of this title
5 pertaining to dealers or manufacturers or any regulation
6 promulgated by the department.
7 (c) Recommending action by State licensing board.--The
8 department may recommend that the State Board of Motor Vehicle
9 Manufacturers, Dealers and Salesmen suspend the license of any
10 dealer or manufacturer which it finds has committed a violation
11 and the board shall take prompt action on any such
12 recommendations under the act of September 9, 1965 (P.L.499,
13 No.154), known as the "Motor Vehicle Manufacturer's, Dealer's
14 and Salesmen's License Act."
15 § 1375. Suspension of registration of unapproved carriers.
16 (a) General rule.--The department shall suspend the
17 registration of any vehicle upon the presentation to the
18 department of a certificate of the Pennsylvania Public Utility
19 Commission setting forth, after hearing and investigation, that
20 the commission has found and determined that the vehicle has
21 been operated as a common carrier or contract carrier by motor
22 vehicle within this Commonwealth without the approval of the
23 commission where required and either that no appeal was filed
24 from such determination in the manner and within the time
25 provided by law or that the determination was affirmed on
26 appeal.
27 (b) Rescission of suspension.--Any suspension of
28 registration under this section may be rescinded by the
29 department upon the petition of the owner of such vehicle or of
30 the lessee provided the petition is accompanied by a certificate
19790H0425B2449 - 49 -
1 of the Pennsylvania Public Utility Commission setting forth that
2 the commission does not object to the rescission.
3 § 1376. SURRENDER OF REGISTRATION PLATES AND CARDS UPON <--
4 SUSPENSION.
5 (A) GENERAL RULE.--THE DEPARTMENT, UPON SUSPENDING ANY
6 REGISTRATION, SHALL REQUIRE THE REGISTRATION PLATE OR PLATES AND
7 REGISTRATION CARD TO BE SURRENDERED IMMEDIATELY TO THE
8 DEPARTMENT AND MAY DELEGATE AUTHORITY TO ANY AUTHORIZED
9 DEPARTMENT EMPLOYEE, ISSUING AUTHORITY OR POLICE OFFICER
10 INCLUDING CONSTABLES AND WRIT SERVERS TO SEIZE THE REGISTRATION
11 PLATE OR PLATES AND REGISTRATION CARD OR CARDS.
12 (B) ISSUING AUTHORITIES, CONSTABLES AND WRIT SERVERS.--
13 WHENEVER THE SURRENDER OF REGISTRATION PLATES AND CARDS IS
14 ACCOMPLISHED THROUGH THE USE OF ISSUING AUTHORITIES, CONSTABLES
15 OR WRIT SERVERS, THE PROCEDURES FOR SUCH SURRENDER SHALL BE
16 PRESCRIBED BY GENERAL RULE BY THE SUPREME COURT. FOR EACH CARD
17 AND PLATE SET RECOVERED BY A CONSTABLE OR WRIT SERVER, SUCH
18 OFFICER SHALL BE PAID A FEE OF $6. IN ADDITION, CONSTABLES SHALL
19 RECEIVE MILEAGE AT THE RATE OTHERWISE PROVIDED BY LAW.
20 [(B)] (C) PENALTY.--ANY PERSON FAILING OR REFUSING TO
21 SURRENDER TO THE DEPARTMENT, UPON DEMAND, ANY REGISTRATION PLATE
22 OR CARD WHICH HAS BEEN SUSPENDED IS GUILTY OF A SUMMARY OFFENSE
23 AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $100.
24 § 1501. Drivers required to be licensed.
25 * * *
26 (c) Limitation on number of licenses.--No person shall
27 receive a driver's license issued under this title unless and
28 until the person surrenders to the department all valid driver's
29 licenses in the person's possession issued by this or any other
30 state. All surrendered licenses issued by another state shall be
19790H0425B2449 - 50 -
1 returned to that state, together with information that the
2 person is licensed in this Commonwealth. No person shall be
3 permitted to have more than one valid driver's license at any
4 time. This section shall not prevent issuance of a permit for
5 another class of license nor the issuance of a Class 4 license
6 to a licensed nonresident who satisfies the requirements of
7 section 1509 (relating to qualifications for school bus driver's
8 license).
9 (d) Penalty.--Any person violating subsection (a) is guilty
10 of a summary offense and shall, upon conviction, be sentenced to
11 pay a fine [of] not to exceed $200, except that, if the person
12 charged furnishes satisfactory proof of having held a valid
13 driver's license issued during the preceding driver's license
14 period [and no more than 30 days have elapsed from the last date
15 for renewal,] the fine shall be $25. No person charged with
16 violating [subsections] subsection (a) or (b) shall be convicted
17 if the person produces at the office of the issuing authority
18 [or the arresting police officer] within five days [a driver's
19 license valid in this Commonwealth at the time of the arrest.]
20 of the violation:
21 (1) a driver's license valid in this Commonwealth at the
22 time of the violation; or
23 (2) if the driver's license is lost, stolen, destroyed
24 or illegible, evidence that the driver was licensed at the
25 time of the violation.
26 § 1502. Persons exempt from licensing.
27 The following persons are not required to obtain a driver's
28 license under this chapter:
29 * * *
30 (3) Any nonresident who is at least 16 years of age and
19790H0425B2449 - 51 -
1 who has in possession a valid driver's license issued in the
2 person's home state or country except that a person who has
3 been issued a valid driver's license in a country other than
4 the United States or Canada shall be exempt only upon showing
5 a satisfactory understanding of official traffic-control
6 devices. A nonresident [may only] shall drive only the class
7 or classes of vehicles in this Commonwealth [for] which the
8 person is licensed to drive in the person's home state or
9 country subject to all restrictions contained on the license,
10 except that a nonresident shall not be authorized to drive a
11 school bus unless they have satisfied the requirements of
12 section 1509 (relating to qualifications for school bus
13 driver's license).
14 * * *
15 § 1503. Persons ineligible for licensing.
16 (a) General rule.--The department shall not issue a driver's
17 license to any person whose operating privilege is suspended or
18 revoked in any other state upon grounds which would authorize
19 suspension or revocation of their operating privilege under this
20 title and shall not issue [any] a driver's license to, or renew
21 the driver's license of, any person:
22 (1) Whose operating privilege is suspended or revoked in
23 this [or any other state] Commonwealth [except as otherwise
24 provided in this title].
25 [(2) Whose operating privilege is suspended or revoked
26 in any other state upon grounds which would authorize the
27 suspension or revocation of the operating privilege under
28 this title.]
29 [(3)] (2) Who is a user of alcohol or any controlled
30 substance to a degree rendering the user incapable of safely
19790H0425B2449 - 52 -
1 driving a motor vehicle. This paragraph does not apply to any
2 person who is enrolled or otherwise participating in a
3 methadone or other controlled substance treatment program
4 approved by the Governor's Council on Drug and Alcohol Abuse
5 provided that the person is certified to be competent to
6 drive by a physician designated by the Governor's Council on
7 Drug and Alcohol Abuse.
8 [(4)] (3) Who has been adjudged to be afflicted with or
9 suffering from any mental disability or disease and who has
10 not at the time of application been restored to competency by
11 the methods provided by law.
12 [(5) Whose name has been submitted under the provisions
13 of section 1518 (relating to reports on mental or physical
14 disabilities or disorders).]
15 [(6)] (4) Who is required by the department to take an
16 examination until the person has successfully passed the
17 examination.
18 [(7)] (5) Who is under 18 years of age except in
19 accordance with subsections (b) and (c).
20 [(8) Who has repeatedly violated any of the provisions
21 of this chapter. The department shall provide an opportunity
22 for a hearing upon invoking this paragraph.]
23 (b) Minors completing training course.--The department shall
24 issue a driver's license to a person 17 years of age who:
25 (1) has successfully completed a driver's training
26 course approved by the [department] Department of Education;
27 and
28 (2) has not been [involved in an accident for which they
29 are partially or fully responsible in the opinion of the
30 department or is] convicted of any violation of this title.
19790H0425B2449 - 53 -
1 (c) Junior driver's license.--The department may issue a
2 junior driver's license to a person 16 or 17 years of age under
3 rules and regulations adopted by the department and subject to
4 the provisions of this section. A junior driver's license shall
5 automatically become a regular driver's license when the
6 licensee attains 18 years of age.
7 (1) Except as provided in paragraph (2), no licensed
8 junior driver shall drive a vehicle upon a [public] highway
9 between 12 midnight and 5 a.m. unless accompanied by a spouse
10 18 years of age or older, a parent or a person in loco
11 parentis.
12 (2) [A licensed junior driver conforming to the
13 requirements of section 1507 (relating to application for
14 driver's license or learner's permit by minor) may drive a
15 vehicle upon a public highway between 12 midnight and 5 a.m.
16 between their home and their activity or employment or in the
17 course of their activity or employment if they are a member
18 of a volunteer fire company authorized by the fire chief to
19 engage in fighting fires, engaged in public or charitable
20 service or employed and they are carrying] The restrictions
21 contained in paragraph (1) do not apply to any licensed
22 junior driver while engaged in or commuting to or from their
23 place of employment or public or charitable service, or to
24 any licensed junior driver who is a member of a volunteer
25 fire company while actually engaged in or commuting to or
26 from a fire. Such junior driver must carry and exhibit upon
27 demand to any police officer or authorized person an
28 affidavit signed by their fire chief, supervisor or employer
29 indicating the probable schedule of their activities. Upon
30 termination of the junior driver's activity or employment,
19790H0425B2449 - 54 -
1 the junior licensee shall surrender the affidavit to the fire
2 chief, supervisor or employer. If the junior licensee shall
3 fail to surrender the affidavit, the employer, fire chief or
4 supervisor shall immediately notify the [Pennsylvania State
5 Police] police.
6 (3) In addition to the other provisions of this title
7 relating to the suspension or revocation of operating
8 privileges, in the event that a licensed junior driver is
9 [involved in an accident for which they are partially or
10 fully responsible in the opinion of the department or is]
11 convicted of any violation of this title, the department may
12 suspend the operating privileges of such person until the
13 person attains 18 years of age or for a period of time not
14 exceeding 90 days.
15 (4) Any junior licensee or other person violating any
16 provision of this subsection is guilty of a summary offense.
17 § 1504. Classes of licenses.
18 * * *
19 (c) Qualifications of applicants.--The department in
20 conjunction with the Pennsylvania State Police shall establish
21 [by regulation] the qualifications necessary for the safe
22 operation of the various types, sizes or combinations of
23 vehicles and the manner of examining applicants to determine
24 their qualifications for the type or general class of license
25 applied for. Municipalities, municipality authorities and public
26 utilities operating 15 or more vehicles of the types described
27 by subsection (d)(2) and (3), relating to Class 2 and Class 3
28 licenses, shall be authorized to employ, pursuant to such
29 appropriate qualifications, course of instruction and related
30 standards as shall be prescribed by the department in
19790H0425B2449 - 55 -
1 conjunction with the Pennsylvania State Police, qualified
2 persons to train and examine employees whose employment entails
3 operations of such vehicles, to determine their qualifications
4 for such classes of licenses.
5 (d) Number and description of classes.--Licenses issued by
6 the department, other than junior drivers' licenses, shall be
7 classified in the following manner:
8 (1) Class 1.--A Class 1 license shall be issued to those
9 persons who have demonstrated their qualifications to operate
10 a single vehicle not in excess of 30,000 pounds registered
11 gross weight or any such vehicle towing a trailer not in
12 excess of 10,000 pounds gross weight. The holder of a Class 1
13 license shall be authorized to drive a motorized pedalcycle.
14 Any fireman who is the holder of a Class 1 license and who
15 has a certificate of authorization from his fire chief shall
16 be authorized to operate any vehicle registered to the fire
17 department regardless of the other requirements of this
18 section as to the class of license required. The holder of a
19 Class 1 license shall not be deemed qualified to operate
20 buses, school buses or motorcycles unless the license is
21 endorsed as provided in this section.
22 (2) Class 2.--A Class 2 license shall be issued to those
23 persons [over] 18 years of age or older who have demonstrated
24 their qualifications to operate a single vehicle of over
25 30,000 pounds registered gross weight or any bus or any such
26 vehicle towing a trailer not in excess of 10,000 pounds gross
27 weight. The holder of a Class 2 license shall be deemed
28 qualified to operate those vehicles for which a Class 1
29 license is issued, but not school buses or motorcycles unless
30 the license is endorsed as provided in this section.
19790H0425B2449 - 56 -
1 (3) Class 3.--A Class 3 license shall be issued to those
2 persons [over] 18 years of age or older who have demonstrated
3 their qualifications to operate a vehicle while in
4 combination with or towing a trailer in excess of 10,000
5 pounds gross weight. The holder of a Class 3 license shall be
6 deemed qualified to operate those vehicles for which a Class
7 1 or Class 2 license is issued, but not school buses or
8 motorcycles unless the license is endorsed as provided in
9 this section.
10 (4) Class 4.--Persons who have qualified to operate
11 school buses in accordance with this title and the rules and
12 regulations promulgated and adopted by the department shall
13 have the qualification endorsed on the license as provided in
14 this section.
15 (5) Class 5.--Those persons who have demonstrated their
16 qualifications to operate a motorcycle, shall have that
17 qualification endorsed on one of the basic classes of license
18 described in this section. [If a] A person [is] qualified
19 only to operate a motorcycle [he] shall be issued a license
20 with only that qualification endorsed on the license.
21 (6) Class 6.--Those persons who have demonstrated their
22 qualifications to operate a motor-driven cycle or motorized
23 pedalcycle shall have that qualification endorsed on one of
24 the basic classes of license described in this section. If a
25 person is qualified only to operate a motor-driven cycle or
26 motorized pedalcycle he shall be issued a license with only
27 that qualification endorsed on the license.
28 (e) Removal of class from license.--
29 (1) The department, having cause to believe that a
30 person is no longer qualified for one or more of the types or
19790H0425B2449 - 57 -
1 classes of licenses enumerated in subsection (a)(2) through
2 (5), may remove the endorsement after 30 days written notice
3 of the removal to the licensee. Any person aggrieved by
4 removal of an endorsement shall have the right of appeal
5 provided in section 1550 (relating to judicial review).
6 (2) A person with a license endorsed for a class may,
7 upon request, have the endorsement removed by the department
8 without prejudice.
9 (f) Penalty.--Any person violating the provisions of this
10 section is guilty of a summary offense and shall, upon
11 conviction, be sentenced to pay a fine of $50.
12 (g) Production to avoid prosecution.--No person shall be
13 charged with violating this section if the person produces at
14 the office of the investigating officer within five days of the
15 violation:
16 (1) a driver's license endorsed as required and valid in
17 this Commonwealth at the time of the arrest; or
18 (2) if the driver's license is lost, stolen, destroyed
19 or illegible, evidence that the driver was licensed at the
20 time of the violation to drive the class of vehicle.
21 § 1505. Learners' permits.
22 * * *
23 (b) Learner must be accompanied.--
24 (1) A learner's permit entitles the person to whom it <--
25 was issued to drive vehicles and combinations of vehicles of
26 the class or classes specified, but only while the holder of
27 the learner's permit is accompanied by and under the
28 immediate supervision of a person who:
29 [(1)] (I) is licensed [in this Commonwealth] to <--
30 drive vehicles of the class then being driven by the
19790H0425B2449 - 58 -
1 holder of the learner's permit; and
2 [(2)] (II) is actually occupying a seat beside the <--
3 holder of the learner's permit, unless the vehicle is a
4 motorcycle, bus or school bus.
5 (2) ANY PERSON ISSUED A LEARNER'S PERMIT FOR A CLASS 2 <--
6 OR CLASS 3 LICENSE WHO HOLDS A VALID CLASS 1 LICENSE SHALL
7 NOT BE REQUIRED TO BE ACCOMPANIED OR SUPERVISED AS OTHERWISE
8 REQUIRED BY PARAGRAPH (1).
9 (c) Operation of motorcycle.--A motorcycle learner's permit
10 entitles the person to whom it is issued to operate a motorcycle
11 only between sunrise and sunset [and, except for a driver
12 licensed to drive another class of vehicle, only while under the
13 instruction and immediate supervision of a licensed motorcycle
14 operator]. Motorcycle learners shall not carry any passenger
15 other than [an instructor properly] a person licensed to operate
16 a motorcycle.
17 * * *
18 (e) Learners under 18 years of age.--A learner under the age
19 of 18 years shall not drive a vehicle upon a highway between 12
20 midnight and 5 a.m. unless accompanied by a spouse 18 years of
21 age or older, a parent or a person in loco parentis.
22 § 1507. Application for driver's license or learner's permit
23 by minor.
24 * * *
25 (d) Withdrawal of consent.--Any person who has signed the
26 application of a person under the age of 18 years for a driver's
27 license or learner's permit may thereafter file with the
28 department a verified written request that the driver's license
29 or learner's permit of the person be cancelled and the
30 department shall cancel the driver's license or learner's
19790H0425B2449 - 59 -
1 permit. A person who has passed the examination authorized in
2 section 1508 (relating to examination of applicant for driver's
3 license) shall not be required to undergo a reexamination upon
4 reapplication for a license within two years of the
5 cancellation.
6 § 1508. Examination of applicant for driver's license.
7 (a) General rule.--Every applicant for a driver's license
8 shall be examined for the type or class of vehicles that the
9 applicant desires to drive. The examination shall include [a
10 physical examination,] a screening test of the applicant's
11 eyesight and a test of the applicant's ability to read and
12 understand official traffic-control devices, knowledge of safe
13 driving practices and the traffic laws of this Commonwealth, and
14 shall include an actual demonstration of ability to exercise
15 ordinary and reasonable control in the operation of a motor
16 vehicle of the type or class of vehicles for which the applicant
17 desires a license to drive. If the department finds it necessary
18 to further determine an applicant's fitness to operate a motor
19 vehicle safely upon the highways the department may require one
20 or more of the following types of examinations:
21 (1) A vision examination by an optometrist or
22 ophthalmologist.
23 (2) A physical examination.
24 (3) A mental examination.
25 (b) Issuance of license to licensed nonresident.--A driver's
26 license [may] shall be issued to a person who has not had a
27 learner's permit but who at the time of application is of
28 sufficient age and has a valid driver's license issued by
29 another state under a law requiring the examination and
30 licensing of drivers, providing that the applicant demonstrates
19790H0425B2449 - 60 -
1 knowledge and understanding of rules of the road and official
2 traffic-control devices and [is visually, physically and
3 mentally fit] has no apparent visual, physical or mental
4 disorder. Also, the department must be satisfied that the
5 applicant's experience in driving vehicles which may be driven
6 by holders of the classes of licenses sought by the applicant
7 other than a Class 1 license is sufficient to justify the
8 issuance of the license without further behind-the-wheel
9 training.
10 § 1509. Qualifications for [Class 4] school bus driver's
11 license.
12 (a) [School bus driver requirements] General rule.--No
13 person shall be issued a Class 4 license unless the person:
14 (1) has [successfully completed] enrolled in a course of
15 instruction as provided in subsection (c) and has
16 successfully completed such portion of the course as the
17 department shall require;
18 (2) has satisfactorily passed an annual physical
19 examination [to be] given by [the] a physician [for the
20 school district by which the person is employed]; and
21 (3) is 18 years of age or older.
22 * * *
23 § 1511. [Carrying and exhibiting] Driver to possess
24 driver's license. [on demand.]
25 (a) General rule.--Every licensee shall possess [a] their
26 driver's license [issued to the licensee at all times] when
27 driving a motor vehicle. [and shall exhibit the license upon
28 demand by a police officer, and when requested by the police
29 officer the licensee shall write the licensee's name in the
30 presence of the officer in order to provide identity.]
19790H0425B2449 - 61 -
1 (b) Production to avoid penalty.--No person shall be
2 convicted of violating this section or section 1501(a) (relating
3 to drivers required to be licensed) if the person produces at
4 the office of the issuing authority [or the arresting officer]
5 within five days [a driver's license valid in this Commonwealth
6 at the time of the arrest.] of the violation:
7 (1) a driver's license valid in this Commonwealth at the
8 time of the violation; or
9 (2) if the driver's license is lost, stolen, destroyed
10 or illegible, evidence that the driver was licensed at the
11 time of the violation.
12 § 1513. Duplicate and substitute drivers' licenses and
13 learners' permits.
14 (a) General rule.--If a learner's permit or driver's license
15 issued under the provisions of this chapter is [mutilated,]
16 lost, stolen, destroyed or becomes illegible, the person to whom
17 it was issued, upon furnishing proof satisfactory to the
18 department that the license or permit has been [mutilated,]
19 lost, stolen, destroyed, or has become illegible, shall obtain a
20 duplicate or substitute license or permit upon payment of the
21 required fee.
22 * * *
23 § 1514. Expiration and renewal of drivers' licenses.
24 (a) General rule.--Every driver's license shall expire in
25 the month of the licensee's birthdate at intervals of not more
26 than four years as may be determined by the department. Every
27 license shall be renewable on or before its expiration upon
28 application, payment of the required fee, and satisfactory
29 completion of any examination required or authorized by this
30 chapter.
19790H0425B2449 - 62 -
1 (b) Examination of applicants for renewal.--The department
2 may require persons applying for renewal of a driver's license
3 to take and successfully pass [a physical examination or a
4 vision examination by an optometrist or ophthalmologist, or both
5 examinations,] one or more of the examinations and tests
6 authorized under this subchapter if the department has reason to
7 believe, either based on knowledge of the person or on
8 statistical inference, that the person may be a traffic safety
9 hazard. [The department may require the applicant to take and
10 successfully pass such additional tests as the department may
11 find reasonably necessary to determine the applicant's
12 qualification according to the type or general class of license
13 applied for and such examination may include any or all of the
14 other tests required or authorized upon original application by
15 section 1508 (relating to examination of applicant for driver's
16 license)]
17 (1) A vision examination may be administered by an
18 optometrist or by an ophthalmologist, or may be administered
19 at an official examination station.
20 (2) Upon refusal or neglect of the person to submit to
21 [the] any examination, the [driver's license shall not be
22 renewed] operating privilege shall be suspended until such
23 time as the examination is successfully completed.
24 (3) For the purposes of this section, renewal shall
25 include application for a driver's license after a lapse of
26 not more than four years.
27 (c) Reexamination requested by court.--The department shall
28 reexamine any person when requested to do so by a court. Upon
29 the conclusion of such examination, the department may take any
30 of the actions described in subsection (b) and shall report its
19790H0425B2449 - 63 -
1 findings and action to the court if such report is requested.
2 (d) Military personnel and dependents.--Notwithstanding
3 subsection (a), a driver's license held by any person who enters
4 or is on active service in the armed forces of the United States
5 or the spouse or dependent child of the member of the armed
6 forces who resides with such person shall continue in full force
7 and effect so long as the active service continues and the
8 person is absent from this Commonwealth, and for a further
9 period of 45 days following the date of the person's discharge
10 or separation from active service or return to this
11 Commonwealth, unless the driver's license is sooner suspended,
12 cancelled or revoked for cause according to law. A driver's
13 license which otherwise would have expired under subsection (a)
14 shall be valid only if the licensee has in immediate possession,
15 together with the driver's license, papers indicating actual
16 service outside this Commonwealth, or discharge or separation,
17 as the case may be, or proof thereof if a spouse or child.
18 (e) Learner's permit upon examination failure.--Any driver
19 or applicant who fails any driving examination required or
20 authorized under subsection (b) or (c) may be issued a special
21 learner's permit authorizing such person to drive only a motor
22 vehicle equipped with dual operating controls or devices while
23 being accompanied by an instructor of an approved driver
24 training program. Upon successful completion of an approved
25 driver training program, the driver or applicant shall be
26 afforded a special examination by such agencies as the
27 department may direct, and upon successful completion of such
28 examination the operating privilege shall be restored.
29 § 1515. Notice of change of name or address.
30 (a) General rule.--Whenever any person after applying for or
19790H0425B2449 - 64 -
1 receiving a driver's license moves from the address named in the
2 application or in the driver's license issued or when the name
3 of a licensee is changed such person shall, within 15 days
4 thereafter, notify the department [in writing] on a department
5 form of the [old and new addresses] new address or of such
6 former and new names and of the number of any license then held
7 by the person.
8 (b) Students.--A person who lives at an address other than
9 the one shown on their driver's license for the purpose of
10 attending a college or other school shall not be required to
11 notify the department under this section unless the person has
12 registered to vote at the latter address.
13 (c) Employment.--A person who lives at an address other than
14 the one shown on their driver's license as the result of
15 conditions arising from their profession or employment shall not
16 be required to notify the department under this section unless
17 the person has registered to vote at the latter address.
18 § 1517. Medical Advisory Board.
19 (a) Membership.--There shall be a Medical Advisory Board
20 consisting of 13 members appointed by the secretary. The board
21 shall be composed of an authorized representative from the
22 Department of Transportation, Department of Justice, Governor's
23 Council on Drug and Alcohol Abuse, Department of Health,
24 Pennsylvania State Police and professionals as follows: One
25 neurologist, one doctor of cardiovascular disease, one doctor of
26 internal medicine, one general practitioner, one
27 ophthalmologist, one psychiatrist, one orthopedic surgeon and
28 one optometrist.
29 (b) Formulation of [regulations] criteria.--The board shall
30 formulate [rules and regulations] for adoption by the department
19790H0425B2449 - 65 -
1 [on] physical and mental criteria including vision standards
2 relating to the licensing of drivers under the provisions of
3 this chapter.
4 § 1518. Reports on mental or physical disabilities or
5 disorders.
6 (a) Definition of disorders and disabilities.--The Medical
7 Advisory Board shall define disorders characterized by lapses of
8 consciousness or other mental or physical disabilities affecting
9 the ability of a person to drive safely for the purpose of the
10 reports required by this section.
11 (b) Reports by medical personnel.--All physicians and other
12 persons authorized to diagnose or treat disorders and
13 disabilities defined by the Medical Advisory Board at every
14 mental hospital, institution or clinic or alcohol or drug
15 treatment facility shall report to the department, in writing,
16 the full name, date of birth and address of every person over 15
17 years of age diagnosed as having any specified disorder or
18 disability within ten days.
19 (c) Responsibility of institution heads.--The person in
20 charge of every mental hospital, institution or clinic[,] or
21 [any] alcohol or drug treatment facility, shall be responsible
22 to assure that reports are filed in accordance with subsection
23 (b).
24 (d) Confidentiality of reports.--The reports required by
25 this section shall be confidential and shall be used solely for
26 the purpose of determining the qualifications of any person to
27 drive a motor vehicle on the highways of this Commonwealth.
28 (e) Use of report as evidence.--No report forwarded under
29 the provisions of this section shall be used as evidence in any
30 civil or criminal trial except in any proceeding under section
19790H0425B2449 - 66 -
1 1519(c) (relating to determination of incompetency).
2 (f) Immunity from civil and criminal liability.--No civil or
3 criminal action may be brought against any person or agency for
4 providing the information required under this system.
5 § 1519. Determination of incompetency.
6 (a) General rule.--The department, having cause to believe
7 that a licensed driver or applicant may not be physically or
8 mentally qualified to be licensed, may [obtain the advice of a
9 physician who shall cause an examination to be made or who shall
10 designate any other qualified physician. The licensed driver or
11 applicant may cause a written report to be forwarded to the
12 department by a physician of the driver's or applicant's
13 choice.] require an examination to be given by a qualified
14 physician of the driver's or applicant's choice and such
15 additional examinations and tests as the department may find
16 necessary. Vision qualifications shall be determined by an
17 optometrist or ophthalmologist. [The department shall appoint
18 one or more qualified persons who shall consider all medical
19 reports and testimony and determine the competency of the driver
20 or the applicant to drive.]
21 (b) Review of medical data.--The department shall appoint
22 one or more qualified persons who shall consider all medical
23 reports and testimony.
24 (c) Supplemental driver's test.--The department may also
25 require a supplemental driver's test in order to determine the
26 driving competency of the applicant or driver.
27 (d) Suspension upon refusal.--The department shall suspend
28 the operating privilege of any driver or applicant who refuses
29 to comply with the requirements of this section until such time
30 as the driver or applicant does comply.
19790H0425B2449 - 67 -
1 [(b)] (e) Confidentiality of reports and evidence.--Reports
2 received by the department for the purpose of assisting the
3 department in determining whether a person is qualified to be
4 licensed are for the confidential use of the department and may
5 not be divulged to any person or used as evidence in any trial
6 except that the reports may be admitted in proceedings under
7 [subsection (c)] section 1550 (relating to judicial review) and
8 any physician or optometrist conducting an examination pursuant
9 to subsection (a) may be compelled to testify concerning
10 observations and findings in such proceedings. The party calling
11 the physician or optometrist as an expert witness shall be
12 obliged to pay the reasonable fee for such testimony.
13 [(c) Recall] (f) Suspension of operating privilege.--The
14 department shall [recall] suspend the operating privilege of any
15 person whose incompetency has been established under the
16 provisions of this chapter. The [recall] suspension shall be for
17 an indefinite period until satisfactory evidence is presented to
18 the department in accordance with regulations to establish that
19 such person is competent to drive a motor vehicle. [Any person
20 aggrieved by recall of the operating privilege may appeal in the
21 manner provided in section 1550 (relating to judicial review).]
22 § 1532. [Revocation or suspension] Suspension or
23 revocation of operating privilege.
24 (a) [Revocation] One-year suspension.--The department shall
25 [revoke] suspend the operating privilege of any [driver] person
26 for one year upon receiving a certified record of the [driver's]
27 person's conviction of any of the following [offenses]:
28 (1) Any felony in the commission of which [a court] the
29 judge determines that a motor vehicle was essentially
30 involved.
19790H0425B2449 - 68 -
1 (2) Any subsequent violation of section 3731 (relating
2 to driving under influence of alcohol or controlled
3 substance) within three years of a prior violation.
4 (3) Any violation of the following provisions:
5 Section 3732 (relating to homicide by vehicle).
6 Section 3742 (relating to accidents involving death
7 or personal injury).
8 Section 7102(b) (relating to removal or falsification
9 of identification number).
10 Section 7103(b) (relating to dealing in vehicles with
11 removed or falsified numbers).
12 Section 7111 (relating to dealing in titles and
13 plates for stolen vehicles).
14 Section 7121 (relating to false application for
15 certificate of title or registration).
16 Section 7122 (relating to altered, forged or
17 counterfeit documents and plates).
18 (b) [Suspension] Six-month suspension.--
19 (1) The department shall suspend the operating privilege
20 of any [driver] person for six months upon receiving a
21 certified record of the [driver's] person's conviction of any
22 [offense under] of the following [provisions]:
23 Section 3367 (relating to racing on highways).
24 Section 3731 (relating to driving under influence of
25 alcohol or controlled substance).
26 Section 3733 (relating to fleeing or attempting to
27 elude police officer).
28 Section 3734 (relating to driving without lights to
29 avoid identification or arrest).
30 Section 3743 (relating to accidents involving damage
19790H0425B2449 - 69 -
1 to attended vehicle or property).
2 Any misdemeanor in the commission of which the judge
3 determines that a motor vehicle was essentially involved
4 except that no person shall be suspended for violating a
5 regulation of the Hazardous Substances Transportation
6 Board unless the board recommends the suspension.
7 (2) The department shall suspend the operating privilege
8 of any [driver] person for six months upon receiving a
9 certified record of the [driver's] person's conviction of a
10 subsequent [offense under the following provisions:
11 Section 1501(a) (relating to drivers required to be
12 licensed).
13 Section 1543 (relating to driving while operating
14 privilege is suspended or revoked)] violation of section
15 1501(a) (relating to drivers required to be licensed).
16 [(3) This subsection does not effect an additional
17 period of revocation of the operating privileges of a driver
18 who receives an additional period of revocation for a second
19 or subsequent violation of section 1543.]
20 (c) Order of court.--The department shall suspend or revoke
21 the operating privilege of any driver upon order of any court of
22 record.
23 (d) Exceptions.--This section does not apply to a person who
24 was operating a pedalcycle or an animal-drawn vehicle.
25 § 1533. Suspension of operating privilege for failure to
26 respond to [citation] process.
27 (a) Violations within Commonwealth.--The department shall
28 suspend the operating privilege of any person who has failed to
29 respond to a citation or summons to appear before a court of
30 competent jurisdiction of this Commonwealth [or of any state]
19790H0425B2449 - 70 -
1 for any violation of this title, other than parking, or who has
2 failed to pay any fine or costs imposed by such court for any
3 violation of this title, upon being duly notified in accordance
4 with general rules.
5 (b) Violations outside Commonwealth.--The department shall
6 suspend, after a departmental hearing, the operating privilege
7 of any person who has failed to respond to a citation, summons
8 or similar writ to appear before a court of competent
9 jurisdiction of any state which has entered into an enforcement
10 agreement with the department as authorized in section 6146
11 (relating to enforcement agreements) for any violation of the
12 motor vehicle laws of such state, other than parking, or who has
13 failed to pay any fine or costs imposed by such court, upon
14 being duly notified in accordance with the laws of the
15 jurisdiction in which the violation occurred.
16 (c) Responding to suspension notice.--[There shall be]
17 Before any person is suspended under this section they shall
18 have 15 days to respond to [such] the notification [before
19 suspension is imposed].
20 (d) Period of suspension.--The suspension shall [be for an
21 indefinite period] continue until such person shall respond to
22 the citation, summons or writ, as the case may be, and pay any
23 fines and penalties imposed.
24 (e) Remedy cumulative.--[Such] A suspension under this
25 section shall be in addition to the requirement of withholding
26 renewal or reinstatement of a violator's driver's license as
27 prescribed in section [1503(c)] 1503(a) (relating to persons
28 ineligible for licensing).
29 [§ 1534. Notice of acceptance of Accelerated Rehabilitative <--
30 Disposition.
19790H0425B2449 - 71 -
1 If a person is arrested for any offense enumerated in section
2 1532 (relating to revocation or suspension of operating
3 privilege) and is offered and accepts Accelerated Rehabilitative
4 Disposition under general rules, the court shall promptly notify
5 the department.]
6 § 1535. Schedule of convictions and points.
7 (a) General rule.--A point system [for driver education and
8 control] is hereby established which is related to other
9 provisions for use, suspension and revocation of the operating
10 privilege as specified under this title. Every driver licensed
11 in this Commonwealth who is convicted of any of the following
12 offenses shall be assessed points as of the date of violation in
13 accordance with the following schedule:
14 Section Number Offense Points
15 1504 Driving without proper class
16 of license. 2
17 1512 Violation of restriction on
18 driver's license. 2
19 1571 [Violations] Violation concerning
20 [licenses] license. 3
21 3102 Failure to obey policeman or
22 authorized person. 2
23 3111(a) Disobedience to traffic-control
24 device. 3
25 3112(a)(3)(i) Failure to stop for a red light. 3
26 3114(a)(1) Failure to stop for a flashing
27 red light. 3
28 3302 Failure to yield half of roadway
29 to oncoming vehicle. 3
30 3303 Improper passing. 3
19790H0425B2449 - 72 -
1 3304 Other improper passing. 3
2 3305 Other improper passing. 3
3 3306(a)(1) Other improper passing. 4
4 3306(a)(2) Other improper passing. 3
5 3306(a)(3) Other improper passing. 3
6 3307 Other improper passing. 3
7 3310 Following too closely. 3
8 3321 Failure to yield to driver on the
9 right at intersection. 3
10 3322 Failure to yield to oncoming
11 driver when making left turn. 3
12 3323(b) Failure to stop for stop [signs]
13 sign. 3
14 3323(c) Failure to yield at yield sign. 3
15 3324 Failure to yield when entering or
16 crossing roadway between inter-
17 sections. 3
18 3332 Improper turning around. 3
19 3341 Failure to stop for flashing red
20 lights or gate at railroad
21 crossing. 3
22 3344 Failure to stop when entering from
23 alley, driveway or building. 3
24 3345(a) Failure to stop for school bus
25 with flashing red lights. 5
26 (and 30 days suspension)
27 3361 Driving too fast for conditions. 2
28 3362 Exceeding maximum speed.--Over Limit:
29 6-10 2
30 11-15 3
19790H0425B2449 - 73 -
1 16-25 4
2 26-30 5
3 31-over 5
4 (and departmental
5 hearing and sanctions
6 provided under section
7 1538(d))
8 3365(b) Exceeding special speed limit
9 in school [zones]
10 zone. 3
11 3365(c) Exceeding special speed limit
12 for trucks on [downgrades]
13 downgrade. 3
14 3542(a) Failure to yield to [pedestrians]
15 pedestrian in crosswalk. 2
16 3547 Failure to yield to pedestrian on
17 sidewalk. 3
18 3549(a) Failure to yield to blind
19 pedestrian. 3
20 3702 Improper backing. 3
21 3714 Reckless driving. 3
22 3745 Leaving scene of accident
23 involving property damage only. 4
24 (b) Multiple offense from same act.--If a driver is
25 convicted of two or more offenses as a result of the same act,
26 points shall be assessed only for the offense for which the
27 greatest number of points may be assessed.
28 (c) No points after six months.--The department shall assign
29 points to the record of any person within six months from the
30 date of a conviction. Any points assigned after such six-month
19790H0425B2449 - 74 -
1 period shall be null and void.
2 (d) Exceptions.--This section does not apply to a person who
3 was operating a pedalcycle or an animal-drawn vehicle.
4 § 1537. Removal of points.
5 (a) General rule.--Points recorded against any person shall
6 be removed at the rate of three points for each 12 consecutive
7 months in which such person [has not committed] is not under
8 suspension or revocation and does not commit any violation which
9 results in the assignment of points or in suspension or
10 revocation under this [chapter. Removal of points is governed by
11 the date of violation.] subchapter.
12 (b) Subsequent accumulation of points.--When a driver's
13 record is reduced to zero points [and is maintained at zero
14 points for 12 consecutive months], any accumulation of points
15 thereafter shall be regarded as an initial accumulation of
16 points.
17 § 1538. School, examination or hearing on accumulation
18 of points or excessive speeding.
19 (a) Initial accumulation of six points.--When any person's
20 record for the first time shows as many as six points, the
21 department shall require the person to attend an approved driver
22 improvement school or undergo a special examination and shall so
23 notify the person in writing. Upon satisfactory attendance and
24 completion of the course or upon passing the special
25 examination, two points shall be removed from the person's
26 record. Failure to attend and satisfactorily complete the
27 requirements of driver improvement school shall result in the
28 suspension of such person's operating privilege for 60 days.
29 Failure to pass the examination shall result in the suspension
30 of the operating privilege until the examination has been
19790H0425B2449 - 75 -
1 satisfactorily completed.
2 (b) Second accumulation of six points.--
3 (1) When any person's record has been reduced below six
4 points and for the second time shows as many as six points,
5 the department shall require the person to attend a
6 departmental hearing. The hearing examiner may recommend one
7 or more of the following:
8 (i) That the person be required to attend a driver
9 improvement school.
10 (ii) That the person undergo [an] a special
11 examination [as provided for in section 1508 (relating to
12 examination of applicant for driver's license)].
13 (iii) That the person's [driver's license] operating
14 privilege be suspended for a period not exceeding 15
15 days.
16 (2) The department may effect or modify the
17 recommendations of the hearing examiner but may not impose
18 any sanction not recommended by the hearing examiner.
19 (3) Upon completion of the sanction or sanctions imposed
20 by the department, two points shall be removed from the
21 person's record.
22 (4) Failure to attend the hearing or to attend and
23 satisfactorily complete the requirements of a driver
24 improvement school shall result in the suspension of such
25 person's operating privilege for 60 days. Failure to pass an
26 examination shall result in the suspension of such person's
27 operating privilege until the examination has been
28 satisfactorily completed.
29 (c) Subsequent accumulations of six points.--When any
30 person's record has been reduced below six points and for the
19790H0425B2449 - 76 -
1 third or subsequent time shows as many as six points, the
2 department shall require the driver to attend a departmental
3 hearing to determine whether the person's operating privilege
4 should be suspended for a period not to exceed 30 days. Failure
5 to attend the hearing or to comply with the requirements of the
6 findings of the department shall result in the suspension of the
7 operating privilege until the person has complied.
8 (d) Conviction for excessive speeding.--
9 (1) When any person is convicted of driving 31 miles per
10 hour or more in excess of the speed limit, the department
11 shall require the person to attend a departmental hearing.
12 The hearing examiner may recommend one or more of the
13 following:
14 (i) That the person be required to attend a driver
15 improvement school.
16 (ii) That the person undergo an examination as
17 provided for in section 1508.
18 (iii) That the person have his driver's license
19 suspended for a period not exceeding 15 days.
20 (2) The department shall effect at least one of the
21 sanctions but may not increase any suspension beyond 15 days.
22 (3) Failure to attend the hearing or to attend and
23 satisfactorily complete the requirements of a driver
24 improvement school shall result in the suspension of such
25 person's operating privilege for 60 days. Failure to pass an
26 examination shall result in the suspension of such person's
27 operating privilege until the examination has been
28 satisfactorily completed.
29 (e) Application.--The provisions of this section relating to
30 the removal of points shall be executed prior to the addition of
19790H0425B2449 - 77 -
1 any further points to the driver's record.
2 § 1539. Suspension of operating privilege on accumulation of
3 points.
4 * * *
5 (c) Determination of subsequent suspensions.--Every
6 suspension under this section and [revocation] every suspension
7 under [any provision of this subchapter] section 1532 (relating
8 to suspension or revocation of operating privilege) within three
9 years shall be counted in determining whether a suspension is a
10 second, third or subsequent suspension. [Acceptance of <--
11 Accelerative Rehabilitative Disposition for an offense
12 enumerated in section 1532 (relating to revocation or suspension
13 of operating privilege) shall be considered a suspension in
14 making such determination.] HOWEVER, WHEN ANY PERSON IS UNDER <--
15 SUSPENSION OR HAS BEEN NOTIFIED OF THE EXPECTED DATE OF
16 SUSPENSION UNDER THIS SECTION, AND THE DEPARTMENT SUBSEQUENTLY
17 ASSIGNS ADDITIONAL POINTS FOR VIOLATIONS OCCURRING PRIOR TO THE
18 DATE OF SUSPENSION, SUCH ADDITIONAL POINTS SHALL NOT BE USED TO
19 JUSTIFY ADDITIONAL PERIODS OF SUSPENSION UNDER THIS SECTION.
20 * * *
21 § 1540. Surrender of license.
22 (a) Conviction of offense.--Upon a conviction by a court of
23 record for any offense which calls for mandatory [revocation]
24 suspension in accordance with section 1532 (relating to
25 [revocation or] suspension or revocation of operating
26 privilege), the court or the district attorney shall require the
27 surrender of any driver's license then held by the defendant and
28 shall forward the driver's license together with a record of the
29 conviction to the department. The suspension or revocation shall
30 be effective upon a date determined by the court or district
19790H0425B2449 - 78 -
1 attorney, or upon the date of surrender of the license,
2 whichever shall first occur.
3 (b) Suspension or revocation of operating privilege.--Upon
4 the suspension or revocation of the operating privilege of any
5 person by the department, the department shall [forthwith]
6 notify the person in writing to surrender [his] their driver's
7 license to the department for the term of suspension or
8 revocation. The suspension or revocation shall be effective upon
9 a date determined by the department or upon the date of
10 surrender of the license to the department, whichever shall
11 first occur, except that the license shall not be surrendered to
12 the department prior to the notice provided in this subsection.
13 § 1541. Period of revocation or suspension of operating
14 privilege.
15 (a) Commencement of period.--[The] For the purpose of
16 determining the length of a revocation or suspension, credit
17 toward the period of revocation or suspension of the operating
18 privilege shall commence on the date on which the driver's
19 license [was surrendered to and] is received by the court or
20 ordered by the department, as the case may be. The period of
21 revocation or suspension of a nonresident licensed driver or an
22 unlicensed driver shall commence [on the date of conviction, or
23 in the case of a revocation or suspension without a conviction,
24 in accordance with its regulations] on a date determined by the
25 department. The department may, upon request of the person whose
26 license is suspended, delay the commencement of the period of
27 suspension for a period not exceeding six months whenever the
28 department determines that failure to grant the extension will
29 result in hardship to the person whose license has been
30 suspended.
19790H0425B2449 - 79 -
1 * * *
2 (c) Restoration of revoked operating privilege.--Any person
3 whose operating privilege has been revoked pursuant to section
4 1532(c) (relating to suspension or revocation of operating
5 privilege) or section 1542 (relating to revocation of habitual
6 offender's license) is not entitled to automatic restoration of
7 the operating privilege. Such person may apply for a license if
8 permitted under the provisions of this chapter and shall be
9 issued a learner's permit under section 1505 (relating to
10 learners' permits) upon expiration of the revocation.
11 (D) NOTICE OF RESTORATION.--ANY PERSON WHOSE OPERATING <--
12 PRIVILEGE HAS BEEN REVOKED OR SUSPENDED SHALL BE NOTIFIED OF THE
13 EXPIRATION OF THE REVOCATION OR SUSPENSION PERIOD BY MAIL AT
14 THEIR LAST KNOWN ADDRESS. SUCH NOTICE SHALL BE MAILED NO LATER
15 THAN THREE BUSINESS DAYS BEFORE THE END OF THE PERIOD OF
16 SUSPENSION OR REVOCATION. IN THE CASE OF A SUSPENDED OPERATING
17 PRIVILEGE, THE DEPARTMENT SHALL RETURN WITH THE NOTICE ANY
18 UNEXPIRED DRIVER'S LICENSE IF THE PERSON IS ENTITLED TO
19 AUTOMATIC REINSTATEMENT. IN ALL OTHER CASES, THE DEPARTMENT
20 SHALL PROVIDE WITH THE NOTICE NECESSARY INFORMATION AND
21 APPLICATION FORMS TO RESTORE THE REVOKED OR SUSPENDED OPERATING
22 PRIVILEGE.
23 § 1542. Revocation of habitual offender's license.
24 * * *
25 (b) Offenses enumerated.--Three convictions arising from
26 separate acts of any one or more of the following offenses
27 committed either singularly or in combination by any person
28 shall result in such person being designated as a habitual
29 offender:
30 (1) Any offense set forth in section 1532(a) or (b)
19790H0425B2449 - 80 -
1 (relating to [revocation or] suspension or revocation of
2 operating privilege).
3 (2) Operation following suspension of registration as
4 defined in section 1371 (relating to operation following
5 suspension of registration).
6 (3) Making use of or operating any vehicle without the
7 knowledge or consent of the owner or custodian thereof.
8 (4) [Utilizing a vehicle in the unlawful transportation
9 or unlawful sale of alcohol or any controlled substance.] Any
10 misdemeanor in the commission of which a court determines
11 that a vehicle was essentially involved.
12 (5) Any felony in the commission of which a court
13 determines that a vehicle was essentially involved.
14 (6) Driving under suspension or revocation as defined in
15 section 1543 (relating to driving while operating privilege
16 is suspended or revoked).
17 [(c) Accelerative Rehabilitative Disposition as an
18 offense.--Acceptance of Accelerative Rehabilitative Disposition
19 for any offense enumerated in subsection (b) shall be considered
20 an offense for the purposes of this section.]
21 * * *
22 § 1543. Driving while operating privilege is suspended or
23 revoked.
24 (a) Offense defined.--Any person who drives a motor vehicle
25 on any highway of this Commonwealth at a time when the operating
26 privilege is suspended or revoked [or recalled] is guilty of a
27 summary offense and shall, upon conviction, be sentenced to pay
28 a fine of $200.
29 (b) [Extending existing suspension] Suspension or revocation
30 of operating privilege.--
19790H0425B2449 - 81 -
1 (1) The department, upon receiving a certified record of
2 the conviction of any person under this section [upon a
3 charge of driving a vehicle while the operating privilege was
4 suspended] shall [revoke] suspend such privilege for an
5 additional period of six months if the arrest was made during
6 a period of suspension of six months or less.
7 (2) If the conviction resulted from driving while the
8 operating privilege was suspended for more than six months,
9 the department shall suspend such privilege for an additional
10 period of one year.
11 (3) If the conviction [was upon a charge of] resulted
12 from driving while the operating privilege was revoked, the
13 department shall revoke the operating privilege for an
14 additional period of [one year] two years.
15 § 1544. Additional period of revocation or suspension.
16 (a) Additional point accumulation.--When any person's record
17 shows an accumulation of additional points during a period of
18 suspension [or revocation] pursuant to section 1539 (relating to
19 suspension of operating privilege on accumulation of points),
20 the department shall when practicable extend the existing period
21 of suspension [or revocation at the rate of five days for each
22 additional point] in accordance with section 1539(b) and the
23 person shall be so notified in writing.
24 * * *
25 § 1545. Restoration of operating privilege.
26 Upon the restoration of any person's operating privilege
27 which has been suspended [or revoked pursuant to this
28 subchapter,] pursuant to section 1539 (relating to suspension of
29 operating privilege on accumulation of points), such person's
30 record shall show five points, except that any additional points
19790H0425B2449 - 82 -
1 assessed against the person since the date of the last violation
2 resulting in the suspension [or revocation] shall be added to
3 such five points unless the person has served an additional
4 period of suspension [or revocation] pursuant to section 1544(a)
5 (relating to additional period of revocation or suspension).
6 § 1547. Chemical test to determine amount of alcohol.
7 (a) General rule.--[Any person who operates] Every driver of
8 a motor vehicle in this Commonwealth shall be deemed to have
9 given consent to a chemical test of breath or blood for the
10 purpose of determining the alcoholic content of blood if a
11 police officer shall have reasonable grounds to believe the
12 person to have been driving a motor vehicle while under the
13 influence of alcohol. [The] A breath test shall be administered
14 [by qualified personnel and] with equipment approved by the
15 [department. Qualified personnel means] National Highway and
16 Traffic Safety Administration as evidenced by publication in the
17 Federal Register or the Code of Federal Regulations by a
18 physician or a technician acting under [the] a physician's
19 direction or a police officer who has fulfilled the training
20 requirements in the use of such equipment in a training program
21 approved by the department. A test shall be performed upon a
22 blood sample taken from the driver by a physician or a
23 technician acting under a physician's direction or by any other
24 duly licensed or authorized person. The blood sample shall be
25 analyzed for alcohol content by a clinical laboratory licensed
26 and approved to perform such test under the act of September 26,
27 1951 (P.L.1539, No.389), known as "The Clinical Laboratory Act."
28 (b) Suspension for refusal.--
29 (1) If any person placed under arrest for driving under
30 the influence of alcohol is requested to submit to a chemical
19790H0425B2449 - 83 -
1 test and refuses to do so, the test shall not be given but
2 upon notice by the police officer, the department shall:
3 (i) suspend the operating privilege of the person
4 for a period of six months; or
5 (ii) [revoke] suspend the operating privilege of the
6 person for a period of one year for a second or
7 subsequent refusal within a period of three years.
8 (2) It shall be the duty of the police officer to inform
9 the person that the person's operating privilege will be
10 suspended [or revoked] upon refusal to submit to a chemical
11 test.
12 (3) Any person whose operating privilege is suspended
13 under the provisions of this section shall have the same
14 right of appeal as provided for in cases of suspension [or
15 revocation] for other reasons.
16 (c) Test results or refusal admissible in evidence.--In any
17 summary proceeding or criminal proceeding in which the defendant
18 is charged with driving a motor vehicle while under the
19 influence of alcohol, the amount of alcohol in the defendant's
20 blood, as shown by a chemical analysis of his breath or blood[,
21 which analysis was conducted with equipment of a type approved
22 by the Department of Health and operated by qualified
23 personnel], administered as provided in subsection (a), shall be
24 admissible in evidence. The refusal to submit to a chemical test
25 may be admitted into evidence as a factor to be considered in
26 determining innocence or guilt.
27 (d) Presumptions from amount of alcohol.--If chemical
28 analysis of a person's breath or blood shows:
29 (1) That the amount of alcohol by weight in the blood of
30 the person tested is 0.05% or less, it shall be presumed that
19790H0425B2449 - 84 -
1 the person tested was not under influence of alcohol to a
2 degree which renders the person incapable of safe driving and
3 the person shall not be charged with any violation under
4 section 3731(a)(1) (relating to driving under influence of
5 alcohol or controlled substance), or if the person was so
6 charged prior to the test, the charge shall be void ab
7 initio.
8 (2) That the amount of alcohol by weight in the blood of
9 the person tested is in excess of 0.05% but less than 0.10%,
10 this fact shall not give rise to any presumption that the
11 person tested was or was not under the influence of alcohol
12 to a degree which renders the person incapable of safe
13 driving, but this fact may be considered with other competent
14 evidence in determining whether the person was or was not
15 under the influence of alcohol to a degree which renders the
16 person incapable of safe driving.
17 (3) That the amount of alcohol by weight in the blood of
18 the person tested is 0.10% or more, it shall be presumed that
19 the defendant was under the influence of alcohol to a degree
20 which renders the person incapable of safe driving.
21 * * *
22 (k) Transporting to hospital for treatment.--After
23 administration of a chemical test wherein the reading is 0.25%
24 or higher, the arresting officer may transport the person tested
25 to a hospital for possible further treatment. Payment for all
26 treatment costs incurred shall be the responsibility of the
27 person receiving treatment.
28 § 1549. [Establishment of schools.] Course of instruction on
29 alcohol and driving.
30 [(a) Driver improvement schools.--The department is
19790H0425B2449 - 85 -
1 authorized to establish and maintain driver improvement schools
2 throughout this Commonwealth. The department may approve and
3 conduct an annual review of the course material for the schools.
4 The curriculum to be presented must be uniform throughout this
5 Commonwealth. All instructors shall be properly certified by the
6 department after the completion of a course of instruction
7 approved by the department.
8 (b) Course of instruction on alcohol and driving.--]The
9 [department in conjunction with the] Governor's Council on Drug
10 and Alcohol Abuse shall establish and maintain a course of
11 instruction on the problems of alcohol and driving. The
12 curriculum of the course of instruction [established by the
13 department and the Governor's Council on Drug and Alcohol Abuse]
14 shall be uniform throughout this Commonwealth and shall be
15 reviewed by [the department and] the Governor's Council on Drug
16 and Alcohol Abuse on an annual basis.
17 § 1550. Judicial review.
18 (a) General rule.--Any person who has been denied a driver's
19 license, whose driver's license has been cancelled or whose
20 operating privilege has been [recalled, canceled,] suspended or
21 revoked by the department shall have the right to appeal to the
22 court vested with original jurisdiction of such appeals by or
23 pursuant to Title 42 (relating to judiciary and judicial
24 procedure). A copy of the petition for appeal, together with a
25 copy of the notice of the action from which the appeal has been
26 taken, shall be served upon one of the department's legal
27 offices.
28 (b) Supersedeas.--[The filing] Filing and service of [the] a
29 petition for appeal from a suspension or revocation shall
30 operate as a supersedeas [and no recall, suspension,
19790H0425B2449 - 86 -
1 cancellation or revocation shall be imposed against such person]
2 until final determination of the matter by the court vested with
3 original jurisdiction of such appeals. Filing and service of a
4 petition for appeal from denial or cancellation of a driver's
5 license under section 1503 (relating to persons ineligible for
6 licensing), 1504 (relating to classes of licenses) or 1572(a)
7 (relating to cancellation and suspension of operating privilege)
8 shall not act as a supersedeas unless ordered by the court after
9 a hearing attended by the petitioner. Further review by another
10 court shall not operate as a supersedeas unless the court of
11 original or subsequent jurisdiction determines otherwise.
12 (c) Proceedings of court.--The court shall set the matter
13 for hearing upon [30] 60 days written notice to the department
14 and determine whether the [petitioner is in fact the person
15 whose] petitioner's driver's license should be denied or
16 cancelled, the petitioner's operating privilege [is subject to
17 the recall, suspension, cancellation or revocation] suspended or
18 revoked, or the petitioner's endorsement removed.
19 § 1551. Notice of department action.
20 (a) General rule.--The department shall [promptly] notify
21 each person whose license or permit is suspended as a result of
22 the accumulation of points. [The notification that the license
23 or permit is suspended shall be made] Notification shall be
24 mailed within six months [following] of receipt by the
25 department of notice of the conviction [of a violation of this
26 title] that resulted in the addition of sufficient points to
27 cause the suspension. Failure of the department to give [prompt]
28 notice of suspension as required by this section shall prohibit
29 the department from suspending the license or permit of such
30 person.
19790H0425B2449 - 87 -
1 (b) Hearing.--Notwithstanding any other provisions of this
2 title to the contrary, before the operating privilege of any
3 driver is suspended or revoked, the driver shall be given the
4 opportunity to have a departmental hearing, if he so requests,
5 before the suspension or revocation becomes effective.
6 § 1552. Identification of driver.
7 (a) Agreement to reveal identity of driver.--Any person to
8 whom a motor vehicle is titled or registered in this
9 Commonwealth is deemed to have agreed:
10 (1) To reveal the identity of the driver of the vehicle,
11 if known, to any police officer who shall have reasonable
12 grounds to believe the vehicle was involved in an accident or
13 any violation of the law.
14 (2) To accept responsibility for any parking violation
15 in which the vehicle is involved and make payment of any fine
16 levied for such violation. This paragraph does not apply to
17 persons engaged in the business of leasing or renting
18 vehicles to persons responsible for parking violations.
19 (b) Suspension for refusal.--
20 (1) If any person to whom a motor vehicle is titled or
21 registered in this Commonwealth shall refuse to reveal the
22 identity of the driver of the vehicle as provided in
23 subsection (a)(1), the department shall:
24 (i) suspend the registration of the vehicle or the
25 operating privilege of the person for a period of six
26 months; or
27 (ii) suspend the registration of the vehicle or the
28 operating privilege of the person for a period of one
29 year for a second or subsequent refusal within a period
30 of three years.
19790H0425B2449 - 88 -
1 (2) It shall be the duty of the police officer to inform
2 the person that the person's operating privilege or vehicle
3 registration will be suspended upon refusal to reveal the
4 identity of the driver of the vehicle.
5 (3) Any person whose operating privilege or vehicle
6 registration is suspended under the provisions of this
7 section shall have the same right to appeal as provided for
8 in cases of suspension for other reasons.
9 § 1571. Violations concerning licenses.
10 (a) Offenses defined.--It is unlawful for any person:
11 (1) To exhibit or cause or permit to be exhibited or
12 have in possession any [recalled,] canceled, suspended,
13 revoked[, fictitious] or fraudulently altered driver's
14 license.
15 (2) To give, sell or lend a driver's license to any
16 other person or permit the use thereof by another.
17 (3) To purchase, exhibit or represent as one's own any
18 driver's license not issued to the person.
19 (4) To fail or refuse to surrender to the department
20 upon lawful demand a [recalled,] canceled, suspended,
21 revoked[, fictitious] or fraudulently altered driver's
22 license.
23 (5) To use a false or fictitious name, or give a false
24 or fictitious address, in any application or form required
25 under the provisions of this chapter, or make a false
26 statement, or conceal a material fact, or otherwise commit a
27 fraud in any such application.
28 (6) To possess or sell any counterfeit driver's license
29 or to fail or refuse to surrender to the department upon
30 lawful demand a counterfeit driver's license.
19790H0425B2449 - 89 -
1 (b) Penalty.--
2 (1) Any person violating any of the provisions of [this
3 section] subsection (a)(1),(2),(3),(4) or (5) is guilty of a
4 summary offense and shall, upon conviction, be sentenced to
5 pay a fine of $100.
6 (2) Any person violating the provisions of subsection
7 (a)(6) is guilty of a misdemeanor of the second degree.
8 § 1572. Cancellation and suspension of [driver's
9 license] operating privilege.
10 (a) Ineligibility for licensing.--The department [may cancel
11 any] shall cancel a person's driver's license upon determining
12 that the licensee was not entitled to [the] issuance of the
13 driver's license or that the person failed to give the required
14 or correct information or committed fraud in making the
15 application or in obtaining the license [or the fee has not been
16 paid. Upon the cancellation, the licensee shall immediately
17 surrender the canceled license to the department]. If a person
18 whose license has been cancelled under this subsection becomes
19 entitled to issuance of a driver's license, the department may
20 suspend the person's operating privilege for a period of six
21 months.
22 (b) Nonpayment of fee.--The department shall suspend a
23 person's operating privilege upon determining that the fee for
24 the driver's license is not paid. The suspension shall remain in
25 effect until the required fee and penalty have been paid.
26 § 1573. Driving under foreign license during suspension or
27 revocation.
28 (a) General rule.--Any resident or nonresident whose
29 operating privilege to drive a motor vehicle in this
30 Commonwealth has been [recalled,] canceled, suspended or revoked
19790H0425B2449 - 90 -
1 as provided in this title shall not drive a motor vehicle in
2 this Commonwealth under a license or permit issued by any other
3 jurisdiction or otherwise during the suspension or after the
4 [recall,] cancellation or revocation until a new driver's
5 license is obtained when and as permitted under this chapter.
6 (b) Penalty.--Any person violating this section is guilty of
7 a summary offense and shall, upon conviction, be sentenced to
8 pay a fine of $200.
9 § 1704. Transfer of [suspended] title or registration
10 to evade chapter.
11 (a) General rule.--If the [registrations] registration of
12 any [vehicles are] vehicle is suspended under this chapter,
13 neither the title nor the [registrations] registration shall
14 [not] be transferred, nor shall the [vehicles] vehicle be titled
15 or registered in any other name, until the department is
16 satisfied that the transfer [of registrations] is proposed in
17 good faith and not for the purpose or with the effect of
18 defeating the purposes of this chapter.
19 (b) Sale of repossessed vehicle.--This section does not
20 apply to or affect the title or registration of any motor
21 vehicle sold by a person who, pursuant to the terms or
22 conditions of any written instrument giving a right of
23 repossession, has exercised such right and has repossessed the
24 motor vehicle from a person whose registration has been
25 suspended under the provisions of this chapter.
26 (c) Rights of lienholders and lessors.--This chapter does
27 not in any way affect the rights of any conditional vendor,
28 chattel mortgagee or lessor of a motor vehicle registered in the
29 name of another person who becomes subject to the provisions of
30 this chapter.
19790H0425B2449 - 91 -
1 § 1741. [Court reports] Reports on nonpayment of judgments.
2 (a) General rule.--Whenever any person fails within 60 days
3 to satisfy any judgment arising from a motor vehicle accident,
4 the [judgment creditor may] prothonotary or clerk of courts
5 shall, and the holder of a foreign judgment may, forward to the
6 department on a form prescribed by the department a certified
7 copy of the judgment. The judgment shall be treated as a
8 security interest under Subchapter B of Chapter 11 (relating to
9 security interests).
10 (b) Notice to state of nonresident defendant.--If the
11 defendant named in any certified copy of a judgment reported to
12 the department is a nonresident, the department shall transmit a
13 certified copy of the judgment to the official in charge of the
14 issuance of licenses and registration certificates of the state
15 of which the defendant is a resident.
16 (c) Perfecting security interest.--The department by
17 regulation shall:
18 (1) Provide an opportunity for the judgment creditor to
19 recommend to the department which vehicle or vehicles of the
20 defendant shall have the judgment noted on their certificates
21 of title as a security interest.
22 (2) Require the judgment creditor to pay the applicable
23 fee or fees for recording each judgment as a security
24 interest all of which fees shall be recoverable by the
25 judgment creditor as costs from the defendant.
26 (3) Require the defendant or the first lienholder to
27 return all applicable titles to the department so that the
28 judgment can be noted thereon.
29 § 1746. Proof of financial responsibility after suspension or
30 revocation.
19790H0425B2449 - 92 -
1 Whenever the department suspends or revokes the operating
2 privilege of any person [upon receiving record of a conviction
3 or forfeiture of bail] pursuant to sections 1532(a) or (b)
4 (relating to suspension or revocation of operating privilege),
5 1542 (relating to revocation of habitual offender's license) or
6 1742 (relating to suspension for nonpayment of judgments), the
7 department shall not restore the operating privilege until the
8 person furnishes proof of financial responsibility.
9 § 1747. Providing financial responsibility.
10 (a) General rule.--Proof of financial responsibility may be
11 furnished by filing evidence satisfactory to the department that
12 all motor vehicles registered in a person's name are covered by
13 the insurance required in section 104 of the act of July 19,
14 1974 (P.L.489, No.176), known as the "Pennsylvania No-fault
15 Motor Vehicle Insurance Act," or[, if the person has no motor
16 vehicle, that the person is covered by a nonowner's policy
17 having the same limits of liability as are required in section
18 104 of that act] that a person does not own a motor vehicle.
19 * * *
20 § 1901. Exemption of entities and vehicles from fees.
21 (a) Governmental and quasi-governmental entities.--Except as
22 otherwise specifically provided in this title, no fees shall be
23 charged under this title to any of the following:
24 (1) The Commonwealth.
25 (2) Political subdivisions of this Commonwealth.
26 (3) [State and local authorities.] Governmental
27 authorities organized under the laws of this Commonwealth.
28 (4) The Federal Government.
29 (5) Other states.
30 (b) Title and registration fees.--No fee shall be charged
19790H0425B2449 - 93 -
1 for titling or registration of any of the following:
2 (1) Buses registered by urban mass transportation
3 systems [except that this paragraph shall cover only the
4 number of buses which the department determines are required
5 to provide scheduled service within the county in which they
6 have their principal place of business or contiguous
7 counties].
8 (2) Vehicles registered by volunteer fire, rescue and
9 ambulance associations.
10 (3) Vehicles registered by foreign nationals with the
11 rank of vice consul or higher assigned to a consulate in this
12 Commonwealth provided that citizens of the United States are
13 granted reciprocal exemptions.
14 (4) Vehicles of totally disabled veterans whose
15 disability is certified by the United States Veterans'
16 Administration as service-connected.
17 (c) Processing fee in lieu of registration fee.--No
18 registration fee shall be charged for vehicles registered by any
19 of the following but the department shall charge a fee of $10 to
20 cover the costs of processing for issuing or renewing the
21 registration:
22 (1) Hospital.
23 (2) Humane society.
24 (3) Nonprofit youth center.
25 (4) American Red Cross.
26 (5) Church.
27 (6) Girl Scouts of America.
28 (7) Boy Scouts of America.
29 (8) Salvation Army.
30 (9) Duly chartered posts of national veterans'
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1 organizations.
2 (10) Young Men's Christian Association.
3 (11) Young Men's Hebrew Association.
4 (12) Young Women's Christian Association.
5 (13) Young Women's Hebrew Association.
6 (14) Jewish Community Center.
7 (15) Nonprofit corporations of musical marching groups
8 of youths.
9 (16) Any person who is retired and receiving social
10 security or other pension and whose total income does not
11 exceed [$7,500] $9,000 per year. Unless the retired person is <--
12 physically or mentally incapable of driving the vehicle, the
13 retired person shall be the principal driver of the vehicle
14 but may from time to time authorize another person to drive
15 the vehicle in his or her stead.
16 (17) Any veteran [who lost a limb or eye or who became
17 partially paralyzed while serving in the armed forces of the
18 United States] who is not totally disabled but who lost one
19 or more limbs or eyes or is partially paralyzed and whose
20 disability is certified by the United States Veterans'
21 Administration as service-connected.
22 (18) Nonprofit corporations for the benefit of senior
23 citizens.
24 (19) Any nonprofit school of secondary education for
25 vehicles used in State approved drivers' education programs.
26 (20) Pennsylvania public television stations.
27 (21) Camp Fire Girls of America, Inc.
28 * * *
29 § 1902. Exemptions from other fees.
30 No fee shall be charged under this title for or to any of the
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1 following:
2 (1) A certificate of title returned to the department
3 for cancellation except as provided in section 1952(d)
4 (relating to certificate of title).
5 (2) The replacement of a registration card or plate,
6 driver's license, learner's permit or certificate of title
7 lost in the mail if the applicant files an affidavit of
8 nonreceipt within 45 days of the date of original issuance.
9 (3) [A certificate of junk.] An authorization to salvage
10 a vehicle.
11 (4) A certificate of rejection.
12 (5) A special hauling permit issued to any person
13 hauling equipment or materials for use on a Federal or State
14 emergency relief project.
15 (6) A manufacturer, jobber or dealer for a certificate
16 of title to a motor vehicle, trailer or semitrailer when
17 assignment of certificate of title accompanies the
18 application for certificate of title, and when the dealer,
19 manufacturer or jobber is possessed of current
20 manufacturer's, dealer's or jobber's registration plates.
21 § 1915. Motor-driven cycles.
22 The annual fee for registration of a [motor-driven cycle]
23 motorized pedalcycle shall be $6 and for any other motor-driven
24 cycle shall be $9.
25 § 1916. Trucks and truck tractors.
26 [The] Except as otherwise provided in this chapter, the
27 annual fee for registration of a truck or truck tractor shall be
28 determined by its registered gross weight or combination weight
29 in pounds according to the following table:
30 Class Registered Fee
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1 Gross or Combination
2 Weight in Pounds
3 1 5,000 or less $ 39
4 2 5,001 - 7,000 [52]
5 51
6 3 7,001 - 9,000 84
7 4 9,001 - 11,000 108
8 5 11,001 - 14,000 132
9 6 14,001 - 17,000 156
10 7 17,001 - 21,000 192
11 8 21,001 - 26,000 216
12 9 26,001 - 30,000 252
13 10 30,001 - 33,000 300
14 11 33,001 - 36,000 324
15 12 36,001 - 40,000 342
16 13 40,001 - 44,000 360
17 14 44,001 - 48,000 384
18 15 48,001 - 52,000 420
19 16 52,001 - 56,000 444
20 17 56,001 - 60,000 501
21 18 60,001 - 64,000 552
22 19 64,001 - 68,000 576
23 20 68,001 - 73,280 606
24 § 1917. [Motor buses.] Buses.
25 The annual fee for registration of a [motor] bus other than a
26 school bus shall be determined by its seating capacity according
27 to the following table:
28 Seating Capacity Fee
29 26 or less $6 per seat
30 27 - 51 156 plus $7.50 per seat
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1 in excess of 26
2 52 or more 360
3 § 1919. Electric vehicles.
4 The annual fee for registration of a vehicle which is
5 propelled by electric power shall be $12 unless the vehicle
6 qualifies for a lesser fee under another provision of this
7 subchapter.
8 § 1923. Antique and [classic] historic vehicles.
9 The fee for registration of an antique or [classic] historic
10 motor vehicle shall be $50.
11 § 1925. Ambulances, [taxis] taxicabs and hearses.
12 The annual fee for registration of an ambulance, [taxi]
13 taxicab or hearse shall be $36.
14 § 1926. Dealers and miscellaneous motor vehicle business.
15 (a) General rule.--The annual fee for a dealer or
16 manufacturer registration plate or miscellaneous motor vehicle
17 business plate shall be $24.
18 (b) Motorcycle dealers.--The annual fee for each dealer
19 registration plate issued to a motorcycle dealer other than a
20 motor-driven cycle dealer shall be $12.
21 (c) Motor-driven cycle dealers.--The annual fee for each
22 dealer registration plate issued to a motor-driven cycle dealer
23 shall be [$6.] $9.
24 (d) Motorized pedalcycle dealers.--The annual fee for each
25 dealer registration plate issued to a motorized pedalcycle
26 dealer shall be $6.
27 § 1928. Temporary registration plates.
28 (a) General rule.--The fee payable by a dealer or other
29 dispensing agent for a temporary registration plate shall be $1.
30 [The charge of the agent for providing an applicant with a
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1 temporary plate shall not exceed a total of $5.]
2 (b) Designation as issuing agent.--The annual fee for
3 designation by the department of a person other than a dealer or
4 manufacturer as an issuing agent of temporary registration
5 plates shall be $25.
6 § 1929. Replacement registration plates.
7 The fee for a replacement registration plate and accompanying
8 registration card other than a legislative or personal plate
9 shall be $5. In no case shall any additional fee be charged for
10 the accompanying card.
11 § 1933. Amateur radio operator plates.
12 The fee for issuance of an amateur radio operator plate shall
13 be $20 which shall be in addition to the annual registration
14 fee. Only one payment of the issuance fee shall be charged for
15 each amateur radio plate issued or replaced.
16 § 1934. Veteran registration plates.
17 The fee for issuance of a veteran registration plate as
18 authorized by section 1342(a) (relating to veteran plates) shall
19 be $20 which shall be in addition to the annual registration
20 fee. Only one payment of the issuance fee shall be charged for
21 each personal registration plate issued or replaced. No such fee
22 shall be payable for disabled veteran plates as authorized by
23 section 1342(b).
24 § 1935. HANDICAPPED PARKING PLACARD. <--
25 THE ANNUAL FEE FOR THE ISSUANCE OF A HANDICAPPED PARKING
26 PLACARD SHALL BE $5.
27 § 1942. Special hauling permits as to weight and size.
28 The fee for a special hauling permit for each movement of an
29 overnight or oversize vehicle or load, or both, shall be $15. An
30 overweight vehicle shall be charged an additional 3¢ per ton-
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1 mile for the number of tons by which the gross weight exceeds
2 the registered gross weight. The provisions of this section
3 shall not apply to permits issued by the department or local
4 authorities pursuant to section 4902(b) (relating to
5 restrictions on use of highways and bridges).
6 § 1943. Annual hauling permits.
7 (a) Quarry equipment and machinery.--The annual fee for
8 operation or movement of each piece of heavy quarry equipment or
9 machinery, as provided for in section 4966 (relating to permit
10 for movement of quarry or mining equipment), shall be $25.
11 (b) Implements of husbandry.--The annual fee for operation <--
12 or movement of oversize [self-propelled] implements of
13 husbandry, as provided for in section 4967 (relating to permit
14 for movement of implements of husbandry), shall be $20 for the
15 first implement and $5 for each additional implement.
16 * * *
17 § 1944. [Mobile homes and similar trailers] Permits for
18 other vehicles and equipment.
19 (a) Mobile homes.--The fee for a special hauling permit for
20 a mobile home [or similar trailer which exceeds the maximum size
21 prescribed in this title] shall be $20.
22 (b) Construction equipment.--The fee for a permit for each
23 item of oversized or overweight construction equipment, as
24 provided for in section 4970 (relating to permit for movement of
25 construction equipment), shall be $50.
26 § 1945. Books of permits.
27 (a) General rule.--Upon request, permits for movement of
28 mobile homes up to 14 ft. wide and other oversize vehicles or
29 loads, the dimensions of which do not exceed those specified by
30 the department, [will] shall be issued in booklet form,
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1 containing a convenient number of permits. For each movement,
2 one permit shall be removed from the booklet, dated, trip data
3 entered and securely affixed to the vehicle or load.
4 (b) Penalty.--Any person violating any of the provisions of
5 this section is guilty of a summary offense and shall, upon
6 conviction, be sentenced to pay a fine of $500.
7 § 1948. Chemical and fertilizer vehicle permits. <--
8 The fee for a 30-day permit for the operation of chemical and
9 fertilizer vehicles registered in another state as provided in
10 section 4971 (relating to permit of an operation of chemical and
11 fertilizer vehicles) shall be $50.
12 § 1951. Driver's license and learner's permit.
13 (a) Driver's license.--The annual fee for a driver's license
14 shall be $5 [plus the cost of the photograph required in section
15 1510(a) (relating to issuance and content of driver's license)].
16 (b) Learner's permit.--The fee for a learner's permit shall
17 be $5.
18 (c) Identification card.--The fee for an identification card
19 shall be $5.
20 (d) Replacement license or card.--The fee for a replacement
21 driver's license or identification card shall be $5.
22 (e) Photograph.--In addition to the fees set forth in this
23 section, the department shall charge the cost of the photograph
24 required by section 1510 (relating to issuance and content of
25 driver's license).
26 § 1952. Certificate of title.
27 (a) General rule.--The fee for issuing a certificate of
28 title for a mobile home shall be $15 and for any other vehicle
29 shall be $5.
30 (b) Duplicate certificate.--The fee for a duplicate
19790H0425B2449 - 101 -
1 certificate of title shall be $5.
2 (c) Manufacturer's or dealer's notification.--The fee for a
3 manufacturer's or dealer's notification of acquisition of a
4 vehicle from another manufacturer or dealer for resale pursuant
5 to section 1113 (relating to transfer to or from manufacturer or
6 dealer) shall be $2.
7 (d) Cancellation of mobile home title.--The fee for
8 cancellation of a mobile home certificate of title shall be $5.
9 (e) Removal of salvage authorization endorsement.--The fee
10 for removal of a salvage authorization endorsement from a
11 certificate of title shall be $5 unless the endorsement is
12 removed in conjunction with the transfer of title to the
13 vehicle.
14 § 1953. Security interest.
15 The fee for recording or changing [the amount of] a security
16 interest on a certificate of title shall be $5 except that no
17 fee shall be charged pursuant to this section when a fee is also
18 charged pursuant to section 1952 (relating to certificate of
19 title).
20 § 1955. Information concerning drivers [and], vehicles
21 and accidents.
22 (a) [Registrations, titles and security interests] Driver
23 and vehicle information.--The fee for [copies of or] information
24 or a copy of a file or portion of a file relating to [a
25 registration, title or security interest] specific drivers or
26 vehicles shall be $2.50 except that the department may charge a
27 fee to a governmental or quasi-governmental entity under this
28 subsection based on the cost to the department of supplying the
29 requested copies and information.
30 (b) Accident information.--
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1 (1) The fee for a copy of a police accident report shall
2 not exceed $10.
3 (2) The fee for a driver's accident report requested by
4 the driver who submitted it shall be $2.50.
5 (3) The fee for providing information pertaining to an
6 accident report, as authorized in this title, shall be $2.50.
7 [(b) Other data and] (c) Compilations of data and
8 statistical information.--The department may charge to any
9 person or governmental or quasi-governmental entity a reasonable
10 fee based on the cost to the department of compiling and
11 analyzing requested data and statistical information [upon
12 request]. The department may also establish a minimum fee for
13 such data and information.
14 § 1956. Certified copies of records.
15 (a) Department records.--The fee for a certified copy [of
16 any] or for certifying a department record which the department
17 is authorized by law to [furnish to the public] provide shall be
18 $5 [for each form or supporting document comprising such
19 record].
20 (b) State Police reports.--The fee for a certified
21 Pennsylvania State Police record of investigation of a vehicle
22 accident which the Pennsylvania State Police are authorized by
23 this title to furnish to the public shall be $5 for each copy of
24 the Pennsylvania State Police full report of investigation.
25 § 1957. Uncollectible checks.
26 Whenever any check issued in payment of any fee or for any
27 other purpose is returned to the department as uncollectible,
28 the department or municipality shall charge a fee of $10 for
29 each driver's license, registration, replacement of tags,
30 transfer of registration, certificate of title, whether original
19790H0425B2449 - 103 -
1 or duplicate, special hauling permit and each other unit of
2 issue by the department or municipality, plus all protest fees,
3 to the person [presenting] drawing the check, to cover the cost
4 of collection.
5 § 1960. Department hearing and special examination.
6 The fee for attending a department hearing or undergoing a
7 special examination, as provided for in section 1538 (relating
8 to school, examination or hearing on accumulation of points or
9 excessive speeding), shall be $10.
10 § 1961. Charges by notaries.
11 A notary shall not charge an applicant any fee other than
12 notary fees for providing and preparing any applications or
13 other documents required or authorized by this title.
14 § 3101. Application of part.
15 (a) General rule.--Except as provided in subsection (b), the
16 provisions of this part relating to the operation of vehicles
17 refer exclusively to the operation of vehicles upon highways
18 except where a different place is specifically referred to in a
19 particular provision.
20 (b) [Serious traffic] Traffic offenses and accidents.--The
21 provisions of [subchapter] Subchapters B (relating to serious
22 traffic offenses) and C (relating to accidents and accident
23 reports) of Chapter 37 [(relating to serious traffic offenses)]
24 shall apply [upon highways and trafficways] upon all public and
25 private property throughout this Commonwealth. The provisions of
26 section 3714 (relating to reckless driving) shall apply upon
27 highways, trafficways and private property generally open to the
28 public throughout this Commonwealth.
29 § 3102. Obedience to authorized persons directing traffic.
30 No person shall willfully fail or refuse to comply with any
19790H0425B2449 - 104 -
1 lawful order or direction of any uniformed police officer,
2 sheriff or constable or any appropriately attired or equipped
3 person authorized to direct, control or regulate traffic.
4 § 3105. Drivers of emergency vehicles.
5 * * *
6 (b) Exercise of special privileges.--The driver of an
7 emergency vehicle may:
8 (1) Park or stand, irrespective of the provisions of
9 this part.
10 (2) Proceed past a red signal indication or stop sign,
11 but only after slowing down as may be necessary for safe
12 operation[, except as provided in subsection (d)].
13 (3) Exceed the maximum speed limits so long as the
14 driver does not endanger life or property[, except as
15 provided in subsection (d)].
16 (4) Disregard regulations governing direction of
17 movement or turning in specified directions.
18 (c) Audible and visual signals required.--The privileges
19 granted in this section to an emergency vehicle shall apply only
20 when the vehicle is making use of an audible signal and visual
21 signals meeting the requirements and standards set forth in
22 regulations adopted by the department, except that an emergency
23 vehicle operated as a police vehicle [need]:
24 (1) Need not be equipped with or display the visual
25 signals.
26 (2) Need not use an audible signal when attempting to
27 time the rate of speed of a vehicle except when exercising
28 the special privileges granted under subsection (b)(2) or
29 (4).
30 [(d) Ambulance and blood-delivery vehicles.--The driver of
19790H0425B2449 - 105 -
1 an ambulance or blood-delivery vehicle shall comply with maximum
2 speed limits, red signal indications and stop signs. After
3 ascertaining that the ambulance or blood-delivery vehicle will
4 be given the right-of-way, the driver may proceed through a red
5 signal indication or stop sign.]
6 * * *
7 § 3111. Obedience to traffic-control devices.
8 * * *
9 (e) Evasion of traffic-control devices.--The driver of a
10 motor vehicle shall not evade or attempt to evade a traffic-
11 control device by driving off the roadway and shoulder of the
12 highway.
13 § 3112. Traffic-control signals.
14 (a) General rule.--Whenever traffic is controlled by
15 traffic-control signals exhibiting different colored lights, or
16 colored lighted arrows, successively one at a time or in
17 combination, only the colors green, red and yellow shall be
18 used, except for special pedestrian signals carrying a word
19 legend, and the lights shall indicate and apply to drivers of
20 vehicles and pedestrians as follows:
21 (1) Green indication.--
22 (i) Vehicular traffic facing a circular green signal
23 may proceed straight through or turn right or left unless
24 a sign at such place prohibits either such turn except
25 that vehicular traffic, including vehicles turning right
26 or left, shall yield the right-of-way to other vehicles
27 and to pedestrians lawfully within the intersection or an
28 adjacent crosswalk at the time the signal is exhibited.
29 (ii) Vehicular traffic facing a green arrow signal,
30 shown alone or in combination with another indication,
19790H0425B2449 - 106 -
1 may enter the intersection only to make the movement
2 indicated by the arrow, or such other movement as is
3 permitted by other indications shown at the same time.
4 Such vehicular traffic shall yield the right-of-way to
5 pedestrians lawfully within an adjacent crosswalk and to
6 other traffic lawfully using the intersection.
7 (iii) Unless otherwise directed by a pedestrian[-
8 control] signal as provided in section 3113 (relating to
9 pedestrian[-control] signals), pedestrians facing any
10 green signal may proceed across the roadway within a
11 crosswalk.
12 (2) Steady yellow indication.--
13 (i) Vehicular traffic facing a steady yellow signal
14 is thereby warned that the related green indication is
15 being terminated or that a red indication will be
16 exhibited immediately thereafter.
17 (ii) Unless otherwise directed by a pedestrian[-
18 control] signal as provided in section 3113, pedestrians
19 facing a steady yellow signal are thereby advised that
20 there is insufficient time to cross the roadway before a
21 red indication is shown and no pedestrian [shall] should
22 then start to cross the roadway.
23 (3) Steady red indication.--
24 (i) Vehicular traffic facing a steady red signal
25 alone shall stop at a clearly marked stop line, or if
26 none, before entering the crosswalk on the near side of
27 the intersection, or if none, then before entering the
28 intersection and shall remain standing until an
29 indication to proceed is shown except as provided in
30 subparagraph (ii).
19790H0425B2449 - 107 -
1 (ii) Unless a sign is in place prohibiting a turn,
2 vehicular traffic facing a steady red signal may enter
3 the intersection to turn right, or to turn left from a
4 one-way [roadway] highway onto a one-way [roadway]
5 highway after stopping as required by subparagraph (i).
6 Such vehicular traffic shall yield the right-of-way to
7 pedestrians lawfully within an adjacent crosswalk and to
8 other traffic lawfully using the intersection.
9 (iii) Unless otherwise directed by a pedestrian[-
10 control] signal as provided in section 3113, pedestrians
11 facing a steady red signal alone [shall] should not enter
12 the roadway.
13 (b) Places other than intersections.--In the event an
14 official traffic-control signal is erected and maintained at a
15 place other than an intersection, the provisions of this section
16 shall be applicable except as to those provisions which by their
17 nature can have no application. Any stop required shall be made
18 at a sign or marking on the pavement indicating where the stop
19 shall be made, but in the absence of any such sign or marking
20 the stop shall be made at the signal.
21 (c) Inoperable or malfunctioning traffic-control signal.--If
22 a traffic-control signal is out of operation or is not
23 functioning properly, vehicular traffic facing a:
24 (1) Green or yellow signal may proceed with caution as
25 indicated in subsection (a)(1) and (2).
26 (2) Red or completely unlighted signal shall stop in the
27 same manner as at a stop sign, and the right to proceed shall
28 be subject to the rules applicable after making a stop at a
29 stop sign as provided in section 3323 (relating to stop signs
30 and yield signs).
19790H0425B2449 - 108 -
1 (d) Local regulation.--This section does not prohibit a
2 municipality from establishing a summary offense for violation
3 of subsection (a)(2)(ii) or (3)(iii).
4 § 3113. Pedestrian[-control] signals.
5 (a) General rule.--Whenever special pedestrian[-control]
6 signals exhibiting the words "Walk" or "Don't Walk" are in
7 place, the signals shall indicate as follows:
8 (1) "Walk".--Pedestrians facing the signal should
9 proceed across the roadway in the direction of the signal and
10 shall be given the right-of-way by the drivers of all
11 vehicles.
12 (2) "Don't Walk".--Pedestrians should not start to cross
13 the roadway in the direction of the signal, but any
14 pedestrian who has partially completed his crossing on the
15 "Walk" signal should proceed to a sidewalk or safety zone
16 while the "Don't Walk" signal is showing.
17 (3) Flashing "Walk".--Whenever the "Walk" indication is
18 flashing, pedestrians facing the signal are cautioned that
19 there is possible hazard from turning vehicles, but
20 pedestrians may proceed across the roadway in the direction
21 of the signal indication and shall be given the right-of-way
22 by the drivers of all vehicles.
23 (4) Flashing "Don't Walk".--Whenever the "Don't Walk"
24 indication is flashing, pedestrians should not start to cross
25 the roadway in the direction of the indication, but any
26 pedestrian who has partly completed crossing during the
27 "Walk" indication should proceed to a sidewalk or safety
28 zone, and all drivers of vehicles shall yield to the
29 pedestrian.
30 (b) Local regulation.--This section does not prohibit a
19790H0425B2449 - 109 -
1 municipality from establishing a summary offense for violation
2 of subsection (a)(2) or (4).
3 § 3115. Lane[-direction]-use-control signals.
4 When lane[-direction]-use-control signals are placed over the
5 individual lanes of a street or highway, vehicular traffic may
6 travel in any lane over which a green signal is shown, but shall
7 not enter or travel in any lane over which a red signal is
8 shown.
9 § 3307. No-passing zones.
10 (a) Establishment and marking.--The department and local
11 authorities may determine those portions of any highway under
12 their respective jurisdictions where overtaking and passing or
13 driving on the left side of the roadway would be especially
14 hazardous and shall by appropriate signs or markings on the
15 roadway indicate [the beginning and end of] such zones [and when
16 the signs or markings are in place and clearly visible to an
17 ordinarily observant person every driver of a vehicle shall obey
18 the directions of the signs or markings]. [Signs] Except in
19 urban districts one mile in length or longer, signs shall be
20 placed to indicate the beginning and end of each no-passing
21 zone.
22 (b) Compliance by drivers.--Where required signs [and] or
23 markings or both are in place to define a no-passing zone as set
24 forth in subsection (a) and are clearly visible to an ordinarily
25 observant person, no driver shall at any time drive on the left
26 side of the roadway within the no-passing zone or on the left
27 side of any pavement striping designed to mark a no-passing zone
28 throughout its length. This subsection does not prohibit passing
29 a pedalcycle or motorized pedalcycle if the requirements of
30 section 3305 (relating to limitations on overtaking on the left)
19790H0425B2449 - 110 -
1 are satisfied.
2 (c) Application of section.--This section does not apply
3 under the conditions described in section 3301(a)(2) and (5)
4 (relating to driving on right side of roadway).
5 § 3314. Prohibiting use of hearing impairment devices.
6 (a) General rule.--No driver shall operate a vehicle while
7 wearing or using one or more headphones, earphones or any
8 similar device which the department by regulation determines
9 would impair the ability of the driver to hear traffic sounds.
10 (b) Exception.--This section does not prohibit the use of
11 hearing aids or other devices for improving the hearing of the
12 driver or devices used by police.
13 § 3321. Vehicle approaching or entering intersection.
14 (a) General rule.--When two vehicles approach or enter an
15 intersection from different highways at approximately the same
16 time, the driver of the vehicle on the left shall yield the
17 right-of-way to the vehicle on the right.
18 (b) [Exception] Exceptions.--The right-of-way rule declared
19 in subsection (a) is modified [at through highways] as follows
20 and otherwise as stated in this part:
21 (1) The driver of a vehicle approaching a through
22 highway shall yield the right-of-way to all approaching
23 vehicles from either direction on the through highway.
24 (2) The driver of a vehicle on the stem of a "T"
25 intersection shall yield the right-of-way to all approaching
26 vehicles from either direction on the intersecting highway.
27 § 3323. Stop signs and yield signs.
28 * * *
29 (b) Duties at stop signs.--
30 (1) Except [when directed to proceed by a police officer
19790H0425B2449 - 111 -
1 or appropriately attired persons authorized to direct,
2 control, or regulate traffic] as provided in paragraph (2),
3 every driver of a vehicle approaching a stop sign shall stop
4 at a clearly marked stop line or, if none, before entering a
5 crosswalk on the near side of the intersection or, if none,
6 then at the point nearest the intersecting roadway where the
7 driver has a view of approaching traffic on the intersecting
8 roadway before entering the intersection. After having
9 stopped, the driver shall yield the right-of-way to any
10 pedestrian in a crosswalk or to any pedestrian in a crosswalk
11 or to any vehicle in the intersection or approaching on
12 another roadway so closely as to constitute a hazard during
13 the time when the driver is moving across or within the
14 intersection or junction of roadways.
15 (2) This subsection does not require a driver to stop at
16 a stop sign when directed to proceed by a police officer or
17 appropriately attired person authorized to direct, control or
18 regulate traffic, or when turning right at a location where a
19 stop sign is supplemented with another sign indicating that
20 it is not necessary to stop when making a turn.
21 (c) Duties at yield signs.--The driver of a vehicle
22 approaching a yield sign shall in obedience to the sign slow
23 down to a speed reasonable for the existing conditions and, if
24 required for safety to stop, shall stop before entering a
25 crosswalk on the near side of the intersection or, if none, then
26 at the point nearest the intersecting roadway where the driver
27 has a view of approaching traffic on the intersecting roadway
28 before entering. After slowing down or stopping, the driver
29 shall yield the right-of-way to any vehicle in the intersection
30 or approaching on another roadway so closely as to constitute a
19790H0425B2449 - 112 -
1 hazard during the time the driver is moving across or within the
2 intersection of roadways. If a driver is involved in a collision
3 with a vehicle in the intersection [or junction] of roadways
4 after driving past a yield sign, the collision shall be deemed
5 prima facie evidence of failure of the driver to yield the
6 right-of-way.
7 § 3331. Required position and method of turning.
8 * * *
9 (b) Left turn.--The driver of a vehicle intending to turn
10 left shall approach the turn in the extreme left-hand lane
11 lawfully available to traffic moving in the direction of travel
12 of the vehicle. Whenever practicable, the left turn shall be
13 made to the left of the center of the intersection and so as to
14 [leave the intersection or location in] enter the extreme left-
15 hand lane lawfully available to traffic moving in the same
16 direction as the vehicle on the roadway being entered.
17 * * *
18 § 3332. Limitations on turning around.
19 (a) General rule.--The driver of any vehicle shall not turn
20 the vehicle so as to proceed in the opposite direction unless
21 the movement can be made in safety and without interfering with
22 other traffic.
23 (b) Turns on curves or grades.--No vehicle shall be turned
24 so as to proceed in the opposite direction upon any curve, or
25 upon the approach to or near the crest of a grade, where the
26 vehicle cannot be seen by the driver of any other vehicle
27 approaching from either direction within 500 feet.
28 (c) Turns prohibited by traffic-control devices.--No vehicle
29 shall be turned so as to proceed in the opposite direction where
30 such turns are prohibited by an official traffic-control device.
19790H0425B2449 - 113 -
1 § 3334. Turning movements and required signals.
2 * * *
3 (b) Signals on turning and starting.--At speeds of [less
4 than] 35 miles per hour or less, an appropriate signal of
5 intention to turn right or left shall be given continuously
6 during not less than the last 100 feet traveled by the vehicle
7 before turning. The signal shall be given during not less than
8 the last 300 feet at speeds in excess of 35 miles per hour. The
9 signal shall also be given prior to entry of the vehicle into
10 the traffic stream from a parked position.
11 * * *
12 § 3335. Signals by hand and arm or signal lamps.
13 (a) General rule.--Any stop or turn signal shall be given
14 either by means of the hand and arm or by signal lamps, except
15 as otherwise provided in subsection (b).
16 (b) Required signals by signal lamps.--Any motor vehicle in
17 use on a highway shall be equipped with, and required signal
18 shall be given by, signal lamps when the distance from the
19 center of the top of the steering post to the left outside limit
20 of the body, cab or load of the motor vehicle exceeds 24 inches,
21 or when the distance from the center of the top of the steering
22 post to the rear limit of the body or load exceeds 14 feet. The
23 latter measurement shall apply to any single vehicle and to any
24 combination of vehicles.
25 (c) Exception.--This section does not apply to a motor
26 vehicle registered as an antique or [classic] historic motor
27 vehicle which was not originally equipped with signal lamps.
28 § 3342. Vehicles required to stop at railroad crossings.
29 * * *
30 (b) Exceptions.--This section does not apply at any of the
19790H0425B2449 - 114 -
1 following:
2 (1) Any railroad grade crossing at which traffic is
3 controlled by a police officer or flagman.
4 (2) Any railroad grade crossing at which traffic is
5 regulated by a traffic control signal.
6 (3) [Any railroad grade crossing protected by crossing
7 gates or an alternately flashing light signal intended to
8 give warning of the approach of a railroad train.
9 (4)] Any railroad grade crossing at which an official
10 traffic-control device gives notice that the stopping
11 requirement imposed by this section does not apply.
12 (c) Regulations defining vehicles subject to section.--The
13 department shall adopt such regulations as may be necessary
14 describing the vehicles which must comply with the stopping
15 requirements of this section. In formulating the regulations,
16 the department shall give consideration to the hazardous nature
17 of any substance carried by the vehicle as determined by the
18 Hazardous Substances Transportation Board and to the number of
19 passengers carried by the vehicle in determining whether the
20 vehicle shall be required to stop. These regulations shall be
21 developed in conjunction with the Pennsylvania Public Utility
22 Commission [and the Urban Mass Transportation Authority] and
23 shall correlate with and so far as possible conform to the
24 current regulations of the United States Department of
25 Transportation.
26 (d) Prosecution under other laws.--All prosecutions for
27 violations of this section by drivers of vehicles:
28 (1) Carrying hazardous substances as determined by the
29 Hazardous Substances Transportation Board shall be brought
30 under the act of November 9, 1965 (P.L.657, No.323), known as
19790H0425B2449 - 115 -
1 the "Hazardous Substances Transportation Act," and
2 regulations promulgated thereunder.
3 (2) Regulated by the Public Utility Commission shall be
4 brought under Title 66 (relating to public utilities) and
5 regulations promulgated thereunder.
6 § 3345. Meeting or overtaking school bus.
7 (a) Duty of approaching driver when red signals are
8 flashing.--Except as provided in subsection (g), the driver of a
9 vehicle meeting or overtaking any school bus stopped on the
10 highway shall stop at least ten feet before reaching the school
11 bus when the red signal lights on the school bus are flashing.
12 The driver shall not proceed until the flashing red signal
13 lights are no longer actuated. In no event shall a driver of a
14 vehicle resume motion of the vehicle until the school children
15 who may have alighted from the school bus have reached a place
16 of safety.
17 (b) Duty of approaching driver when amber signals are
18 flashing.--The driver of a vehicle meeting or overtaking any
19 school bus shall proceed past the school bus with caution and
20 shall be prepared to stop when the amber signal lights are
21 flashing.
22 (c) Use of red signals.--The red visual signals shall be
23 actuated by the driver of every school bus whenever the vehicle
24 is stopped on the highway for the purpose of receiving or
25 discharging school children, except as provided in subsections
26 (e) and (f). The signals shall not be terminated until the
27 school children who may have alighted from the school bus have
28 reached a place of safety or until boarding school children have
29 completed boarding the bus.
30 (d) Use of amber signals.--The amber visual signals shall be
19790H0425B2449 - 116 -
1 actuated by the driver of every school bus not more than 300
2 feet nor less than 150 feet prior to making a stop for the
3 purpose of receiving or discharging school children and shall
4 remain in operation until the red visual signals are actuated.
5 Amber signals shall not be used unless the red visual signals
6 are to be actuated immediately following.
7 (e) Limitations on use of signals.--The visual signals
8 required in the regulations shall not be actuated [on]:
9 (1) On streets in urban districts designated by the
10 department or local authorities[, at].
11 (2) At intersections or other places where traffic is
12 controlled by uniformed police officers or appropriately
13 attired or equipped persons authorized to direct, control or
14 regulate traffic[, or in].
15 (3) In school bus loading [areas designated by the
16 department or local authorities when the bus is entirely off
17 the roadway.] zones located:
18 (i) so that the school bus is entirely off the
19 roadway and shoulder; or
20 (ii) adjacent to a school and off the roadway.
21 (f) Operation for nonschool purposes.--When a school bus is
22 being operated upon a highway for purposes other than the actual
23 transportation of school children to or from school or in
24 connection with school activities, all markings indicating
25 "SCHOOL BUS" shall be covered or concealed. During such
26 operation, the flashing visual signals shall not be actuated.
27 (g) Exceptions from stopping requirements.--The driver of a
28 vehicle upon [a highway with separate roadways] a divided
29 highway need not stop upon meeting or passing a school bus with
30 actuated red signal lights which is on [a different roadway] the
19790H0425B2449 - 117 -
1 opposite side of the divided highway.
2 (h) Loading zones for school children.--Every school
3 district transporting school children by school bus shall
4 establish and maintain school bus loading zones at or near all
5 schools to or from which school children are transported and
6 [shall establish school bus loading zones] along the highways
7 traversed by school buses in accordance with regulations
8 promulgated by the department.
9 (i) Mandatory use of loading zones.--Whenever school bus
10 loading zones have been established at or near a school or along
11 a highway, it is unlawful for a driver of a school bus
12 [operator] to stop the bus to pick up or discharge school
13 children at any location other than at the loading zones. A list
14 or map of approved loading zones for the route of the bus shall
15 be carried by the [operator] driver.
16 (j) School bus defined.--As used in this section "school
17 bus" includes buses operated by urban mass transportation
18 systems for the exclusive use of school children in compliance
19 with Federal safety standards and safety regulations of the
20 Public Utility Commission and the department and other motor
21 vehicles which, in compliance with Federal safety standards and
22 Public Utility Commission or department regulations, meet the
23 color, identification and visual signal requirements of section
24 4552(a) and (b) (relating to general requirements for school
25 buses).
26 [(j)] (k) Penalty.--Any person violating subsection (a) is
27 guilty of a summary offense and shall, upon conviction, be
28 sentenced to pay a fine of $100.
29 § 3346. Meeting or overtaking streetcar.
30 Except where a safety zone has been established, the driver
19790H0425B2449 - 118 -
1 of a vehicle meeting or overtaking any streetcar stopped on the
2 highway for the purpose of taking on or discharging passengers
3 shall not pass the streetcar on the side on which passengers are
4 being taken on or discharged until the streetcar has started and
5 any passengers who may have alighted have reached a place of
6 safety.
7 § 3351. Stopping, standing and parking [outside business and
8 residence districts] on roadways.
9 (a) General rule.--[Outside a business or residence
10 district, no] No person shall stop, park or stand any vehicle,
11 whether attended or unattended, upon the roadway when it is
12 practicable to stop, park or stand the vehicle off the roadway.
13 In the event it is necessary to stop, park or stand the vehicle
14 on the roadway or any part of the roadway, an unobstructed width
15 of the highway opposite the vehicle shall be left for the free
16 passage of other vehicles [and the]. The vehicle shall be
17 visible from a distance of 500 feet in each direction upon the
18 highway, except that in a business district the vehicle need
19 only be visible from a distance of 300 feet in each direction
20 upon the highway.
21 (b) [Exception for disabled vehicles] Exceptions.--
22 (1) [This] No person shall be penalized under this
23 section [and sections] or section 3353 (relating to
24 prohibitions in specified places) [and] or section 3354
25 (relating to additional parking regulations) [do not apply to
26 the driver of any] if the vehicle [which] is disabled in such
27 a manner and to such an extent that it is impossible to avoid
28 stopping and temporarily leaving the vehicle in that
29 position.
30 (2) This section does not apply to mail delivery
19790H0425B2449 - 119 -
1 vehicles making pickups or deliveries.
2 § 3352. Removal of vehicle by or at direction of police.
3 (a) Outside business and residence districts.--Whenever any
4 police officer finds a vehicle in violation of any of the
5 provisions of section 3351 (relating to stopping, standing and
6 parking [outside business and residence districts] on roadways),
7 the officer may move the vehicle, or cause the vehicle to be
8 moved, or require the driver or other person in charge of the
9 vehicle to move the vehicle, to a position off the roadway where
10 the vehicle will not interfere unduly with the normal movement
11 of traffic or constitute a safety hazard.
12 (b) [Unattended vehicle] VEHICLE obstructing traffic.-- <--
13 (1) Any police officer may remove or cause to be removed
14 to a nearby garage or other nearby place of safety any
15 unattended vehicle illegally left standing upon any highway,
16 bridge, causeway or in any tunnel, in such position or under
17 such circumstances as to interfere unduly with the normal
18 movement of traffic or constitute a safety hazard.
19 (2) NOTWITHSTANDING ANY OTHER OPTIONS AVAILABLE FOR THE <--
20 REMOVAL OF A VEHICLE, ANY MEMBER OF THE PENNSYLVANIA STATE
21 POLICE MAY WITH HIS VEHICLE PUSH OFF THE ROADWAY ANY DISABLED
22 VEHICLE WHICH IN HIS OPINION IS INTERFERING UNDULY WITH THE
23 NORMAL MOVEMENT OF TRAFFIC OR WHICH CONSTITUTES A SAFETY
24 HAZARD. SUCH PUSHING SHALL BE PERMITTED ONLY WITH THE CONSENT
25 OF THE OPERATOR OF THE DISABLED VEHICLE. IF THE OPERATOR
26 CONSENTS, NO LIABILITY SHALL ATTACH FOR ANY DAMAGE DONE TO
27 HIS VEHICLE IN PUSHING IT OFF THE ROADWAY UNLESS SUCH DAMAGE
28 RESULTS FROM THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF
29 THE OFFICER.
30 (c) Removal to garage or place of safety.--Any police
19790H0425B2449 - 120 -
1 officer may remove or cause to be removed to a nearby garage or
2 other nearby place of safety any vehicle [found upon a highway]
3 under any of the following circumstances:
4 (1) Report has been made that the vehicle has been
5 stolen or taken without the consent of its owner.
6 (2) The person or persons in charge of the vehicle are
7 physically unable to provide for the custody or removal of
8 the vehicle.
9 (3) The person driving or in control of the vehicle is
10 arrested for an alleged offense for which the officer is
11 required by law to take the person arrested before an issuing
12 authority without unnecessary delay.
13 (4) The vehicle is in violation of section 3353
14 (relating to prohibitions in specified places) except for
15 overtime parking.
16 (5) The vehicle has been abandoned as defined in this
17 title. The officer shall comply with the provisions of
18 subsection (d) and Chapter 73 (relating to abandoned vehicles
19 and cargos).
20 (d) Notice to owner prior to removal.--
21 (1) Prior to removal under subsection (c)(5) of [an
22 abandoned] a vehicle which is abandoned upon a highway and is
23 not in violation of subsection (b), or section 3351(a)
24 (relating to stopping, standing and parking on roadways) or
25 section 3353 (relating to prohibitions in specified places)
26 bearing a registration plate by which the last registered
27 owner of the vehicle can be determined, notice shall be sent
28 by certified mail to the last registered owner of the vehicle
29 informing the owner that unless the vehicle is moved to a
30 suitable location within five days of the date notice is
19790H0425B2449 - 121 -
1 mailed, the vehicle will be removed under this section and
2 held at a suitable facility where it may be reclaimed by the
3 owner in accordance with the provisions of section 7306
4 (relating to payment of costs upon reclaiming vehicle). If
5 the abandoned motor vehicle does not bear an identifiable
6 registration plate, the notice may be secured to the vehicle.
7 (2) If, within the five-day period, the owner so
8 requests, the owner shall be given an opportunity to explain
9 to the police officer or department why the owner believes
10 the vehicle should not be moved. If the police officer or
11 department determines that the vehicle shall, nonetheless, be
12 moved, the owner shall be given an additional 48 hours to
13 move the vehicle or have it moved.
14 (3) The provision for notice set forth in this
15 subsection is in addition to any other notice requirements
16 provided in Chapter 73.
17 (e) Payment of removal costs.--Any costs incurred in
18 removing a vehicle under this section shall be paid by the
19 driver or owner to the person incurring the costs or to the
20 issuing authority as costs of prosecution for payment to the
21 person incurring the costs.
22 § 3353. Prohibitions in specified places.
23 (a) General rule.--Except when necessary to avoid conflict
24 with other traffic or to protect the safety of any person or
25 vehicle or in compliance with law or the directions of a police
26 officer or official traffic-control device, no person shall:
27 (1) Stop, stand or park a vehicle:
28 (i) On the roadway side of any vehicle stopped or
29 parked at the edge or curb of a street except that [a
30 pedalcycle may be parked as provided in section
19790H0425B2449 - 122 -
1 3509(b)(2) (relating to parking)]:
2 (A) A pedalcycle may be parked as provided in
3 section 3509(b)(2) (relating to parking).
4 (B) Standing or parking for the purpose of
5 loading or unloading persons or property may be
6 authorized by local ordinance, but the ordinance
7 shall not authorize standing or parking on State
8 designated highways except during off-peak traffic-
9 flow hours as determined by department regulations.
10 (ii) On a sidewalk except that a pedalcycle may be
11 parked as provided in section 3509(b)(2).
12 (iii) Within an intersection.
13 (iv) On a crosswalk.
14 (v) Between a safety zone and the adjacent curb
15 within 30 feet of points on the curb immediately opposite
16 the ends of a safety zone, unless a different length is
17 indicated by official traffic-control devices.
18 (vi) Alongside or opposite any street excavation or
19 obstruction when stopping, standing or parking would
20 obstruct traffic.
21 (vii) Upon any bridge or other elevated structure
22 upon a highway or within a highway tunnel.
23 (viii) On any railroad tracks.
24 (ix) In the area between roadways of a divided
25 highway, including crossovers.
26 (x) At any place where official [signs] traffic-
27 control devices prohibit stopping.
28 (2) Stand or park a vehicle:
29 (i) In front of a public or private driveway.
30 (ii) Within 15 feet of a fire hydrant.
19790H0425B2449 - 123 -
1 (iii) Within 20 feet of a crosswalk at an
2 intersection.
3 (iv) Within 30 feet [upon] of the approach to any
4 flashing signal, stop sign, yield sign or traffic-control
5 signal located at the [site] side of a roadway.
6 (v) Within 20 feet of the driveway entrance to any
7 fire station or, when [properly sign posted, on the side
8 of a street opposite the entrance to any fire station
9 within 75 feet of the entrance.] signs are duly posted on
10 the opposite side of the street, within 75 feet of the
11 points immediately opposite the intersections of the
12 sides of the driveway entrance with the curb line.
13 (vi) Where the vehicle would prevent the free
14 movement of a streetcar.
15 (vii) On a limited access highway unless authorized
16 by official traffic-control devices.
17 (viii) At any place where official [signs] traffic-
18 control devices prohibit standing.
19 (3) Park a vehicle:
20 (i) Within 50 feet of the nearest rail of a railroad
21 crossing.
22 (ii) At any place where official [signs] traffic-
23 control devices prohibit parking.
24 (b) Unattended vehicle on public or private property.--No
25 person shall park or leave unattended a vehicle on public or
26 private property without the consent of the owner or other
27 person in control or possession of the property except in the
28 case of emergency or disablement of the vehicle, in which case
29 the operator shall arrange for the removal of the vehicle as
30 soon as possible. For the purposes of this subsection, "public
19790H0425B2449 - 124 -
1 property" shall not include any street or highway.
2 (c) Property owner may remove vehicle.--[The owner or other
3 person in charge or possession of any property on which a
4 vehicle is parked or left unattended in violation of the
5 provisions of subsection (b) may remove or have removed the
6 vehicle at the reasonable expense of the owner of the vehicle.]
7 (1) The owner or other person in charge or possession of
8 any property on which a vehicle is parked or left unattended
9 in violation of the provisions of subsection (b) may have a
10 salvor or tower remove the vehicle at the reasonable expense
11 of the owner or registrant of the vehicle if the property is:
12 (i) Private and used for parking exclusively in
13 connection with a dwelling or dwellings or not open to
14 use by motor vehicles.
15 (ii) Open to the public or used for parking without
16 charge and posted in accordance with department
17 regulations.
18 (iii) Used for parking with charge and posted in
19 accordance with department regulations and the vehicle
20 has remained on the property for more than 12 hours. Any
21 vehicle parked or left unattended on such property may be
22 assessed a penalty in addition to towing charges, if any,
23 of not more than the regular charge for parking 12 hours
24 or $15, whichever is less.
25 (2) Any salvor or tower removing a vehicle pursuant to
26 paragraph (1) shall immediately notify the police having
27 jurisdiction of the place where the vehicle was found of the
28 new location of the vehicle.
29 (3) No storage costs shall be assessed pursuant to
30 paragraph (1) for the first 24 hours of possession of a
19790H0425B2449 - 125 -
1 vehicle.
2 (d) Restrictions by appropriate authorities.--The department
3 on State-designated highways and local authorities on any
4 highway within their boundaries may by erection of official
5 traffic-control devices prohibit, limit or restrict stopping,
6 standing or parking of vehicles on any highway [where
7 engineering and traffic studies indicate that stopping, standing
8 or parking would constitute a safety hazard or where the
9 stopping, standing or parking of vehicles would unduly interfere
10 with the free movement of traffic]:
11 (1) where engineering and traffic studies indicate that
12 stopping, standing or parking would constitute a safety
13 hazard or would unduly interfere with the free movement of
14 traffic; or
15 (2) where special conditions make it necessary to keep a
16 highway free of parked vehicles for public activities such as
17 street cleaning or snow removal or to insure reasonable
18 availability of on-street parking facilities.
19 (e) Penalty.--
20 (1) Any person violating any provision of this section
21 is guilty of a summary offense and shall, upon conviction, be
22 sentenced to pay a fine of not more than $15.
23 (2) The owner or operator of a garage or other area
24 provided for parking who removes a vehicle contrary to the
25 provisions of this section is guilty of a summary offense and
26 shall, upon conviction, be sentenced to pay a fine of $25
27 plus the costs incurred by the owner in recovering their
28 vehicle.
29 (3) Any costs incurred in removing a vehicle under this
30 section shall be paid by the driver or owner to the person
19790H0425B2449 - 126 -
1 incurring the costs or to the issuing authority as costs of
2 prosecution for payment to the person incurring the costs.
3 § 3354. Additional parking regulations.
4 * * *
5 (d) Handicapped persons and disabled veterans.--
6 (1) [When a motor vehicle bearing registration plates
7 issued to handicapped persons or disabled veterans as
8 prescribed in this title is being operated by or for the
9 transportation of the handicapped person or disabled veteran,
10 the driver shall be relieved of any liability for parking for
11 a period of 60 minutes in excess of the legal parking period
12 permitted by local authorities except where local ordinances
13 or police regulations provide for the accommodation of heavy
14 traffic during morning, afternoon or evenings hours.] Any
15 person whose vehicle bears a registration plate OR A PARKING <--
16 PLACARD issued under section 1338 (relating to handicapped
17 plate) PLATE AND PLACARD) OR UNDER SECTION 1342(B) OR (C) <--
18 (RELATING TO VETERAN PLATES AND PLACARD) shall be allowed to
19 park in any public metered space without paying a meter fee
20 and shall be exempt from any time restriction in any public
21 parking zone in which parking time is normally limited
22 subject to the following:
23 (i) The vehicle shall not remain in the same parking
24 space for more than 24 hours.
25 (ii) Upon request of the appropriate authorities,
26 the vehicle shall be moved to facilitate safety or
27 repairs and maintenance (except cleaning) to the parking
28 area.
29 (2) At the request of any handicapped person or disabled
30 veteran, local authorities may erect on the highway as close
19790H0425B2449 - 127 -
1 as possible to their place of residence a sign or signs
2 indicating that that place is reserved for a handicapped
3 person or disabled veteran, that no parking is allowed there
4 by others, and that any unauthorized person parking there
5 shall be subject to a fine.
6 (3) No person except a handicapped person OR DISABLED <--
7 VETERAN shall park a motor vehicle on private or public
8 property in any parking space reserved for a handicapped
9 person OR DISABLED VETERAN so designated by posting a sign <--
10 approved by the department. Except for parking spaces on
11 public streets, parking spaces reserved for handicapped
12 persons OR DISABLED VETERANS situated on public or private <--
13 property shall:
14 (i) Be 12 feet wide.
15 (ii) Be located in such a manner that wheelchair
16 users will not be endangered by parking or moving motor
17 vehicles.
18 (iii) Not be placed on a gradient so as to cause
19 loading or unloading difficulties for wheelchair users.
20 (iv) Be in close proximity to building ramps and
21 entrances.
22 (v) Be marked by upright signs easily visible from
23 the seat of a motor vehicle.
24 (4) The sign or signs indicating that parking space is
25 reserved for a handicapped person OR DISABLED VETERAN shall <--
26 conform to department standards.
27 (5) NO PERSON SHALL UTILIZE THE SPECIAL PARKING <--
28 PROVISIONS OF PARAGRAPH (1) BY DISPLAYING AN AUTHORIZED
29 PARKING PLACARD UNLESS THE VEHICLE IN WHICH IT IS DISPLAYED
30 IS ACTUALLY BEING USED TO TRANSPORT A HANDICAPPED PERSON OR
19790H0425B2449 - 128 -
1 DISABLED VETERAN.
2 * * *
3 § 3355. Consent or direction to move vehicle.
4 (a) General rule.--No person shall move a vehicle without
5 the consent of the owner or registrant or a person authorized by
6 the owner or registrant unless directed by a police officer in
7 accordance with section 3352 (relating to removal of vehicle by
8 or at direction of police) except that a salvor or tower may
9 remove a vehicle from private property in accordance with
10 section 3353(c) (relating to prohibitions in specified places)
11 without the direction of a police officer. A tower shall not
12 move an abandoned vehicle unless a salvor is not available.
13 (b) Implied consent.--Every driver, owner and registrant of
14 a vehicle in this Commonwealth shall be deemed to have given
15 consent to have the vehicle removed at their reasonable expense
16 and detained to insure payment if the vehicle is removed under
17 the provisions of section 3352(a), (b) or (c) or section
18 3353(c).
19 § 3356. Authorization of towers.
20 (a) General rule.--The department shall authorize and issue
21 a certificate of authorization to every tower that complies with
22 regulations adopted by the department.
23 (b) Place of business.--Every tower shall have and maintain
24 an established place of business.
25 (c) Bond required.--
26 (1) Each tower shall furnish and maintain a bond
27 indemnifying the public and the department in the amount of
28 $5,000.
29 (2) A tower who has filed a bond with the Commonwealth
30 is not required to file a separate bond under this section if
19790H0425B2449 - 129 -
1 the bond already on file with the Commonwealth is comparable
2 in amount and coverage to the bond required under this
3 section.
4 (d) Supervision and suspension.--The department shall
5 supervise towers and, after providing an opportunity for a
6 hearing, shall suspend the authorization of any tower which the
7 department finds is not properly operated or which has violated
8 or failed to comply with any of the provisions of this title or
9 regulations adopted by the department. A suspended certificate
10 of authorization shall be returned to the department immediately
11 except an appeal from suspension as provided in subsection (e)
12 shall operate as a supersedeas of any suspension by the
13 department.
14 (e) Judicial review.--Any tower whose authorization has been
15 denied or suspended under this section shall have the right to
16 appeal to the court vested with jurisdiction of such appeals by
17 or pursuant to Title 42 (relating to judiciary and judicial
18 procedure). The court shall set the matter for hearing upon 30
19 days' written notice to the department and take testimony and
20 examine into the facts of the case and determine whether the
21 petitioner is entitled to authorization or is subject to
22 suspension of the authorization under the provisions of this
23 section.
24 § 3363. Alteration of maximum limits.
25 The department or local authorities on highways under their
26 respective jurisdictions, upon the basis of an engineering and
27 traffic [investigation] study, may determine that the maximum
28 speed permitted under this subchapter is greater or less than is
29 reasonable and safe under the conditions found to exist upon any
30 such highway or part thereof and establish a reasonable and safe
19790H0425B2449 - 130 -
1 maximum limit. The maximum speed limit may be made effective at
2 all times or at times indicated and may vary [for different
3 weather] according to conditions [and other factors] bearing on
4 safe speeds. No maximum speed greater than 55 miles per hour
5 shall be established under this section.
6 § 3364. Minimum speed regulation.
7 * * *
8 (c) Establishment of minimum speed limits.--At any other
9 time when the department or local authorities under their
10 respective jurisdictions determine on the basis of an
11 engineering and traffic [investigation] study that slow speeds
12 on any highway or part of a highway impede the normal and
13 reasonable movement of traffic, the department or such local
14 authority may determine and declare a minimum speed limit below
15 which no person shall drive a vehicle except when necessary for
16 safe operation or in compliance with law. The minimum limit
17 shall be effective when posted upon appropriate fixed or
18 variable signs.
19 § 3365. Special speed limitations.
20 (a) Bridges and elevated structures.--
21 (1) No person shall drive a vehicle over any bridge or
22 other elevated structure constituting a part of a highway at
23 a speed which is greater than the maximum speed which can be
24 maintained with safety to the bridge or structure when the
25 structure is posted with signs as provided in this
26 subsection.
27 (2) The department and local authorities on highways
28 under their respective jurisdictions may conduct [a traffic
29 and engineering investigation] an engineering and traffic
30 study of any bridge or other elevated structure constituting
19790H0425B2449 - 131 -
1 a part of a highway, and if it shall thereupon find that the
2 structure cannot safely withstand vehicles traveling at the
3 speed otherwise permissible under this title, the department
4 or local authority shall determine and declare the maximum
5 speed of vehicles which the structure can safely withstand,
6 and shall cause or permit official traffic-control devices
7 stating the maximum speed to be erected and maintained before
8 each end of the structure.
9 (3) Upon the trial of any person charged with a
10 violation of this subsection, proof of the determination of
11 the maximum speed by the department and the existence of the
12 signs shall constitute conclusive evidence of the maximum
13 speed which can be maintained with safety to the bridge or
14 structure.
15 (b) School zones and construction or maintenance areas.--
16 (1) When passing a school zone as defined and
17 established under regulations of the department, no person
18 shall drive a vehicle at a speed greater than [that
19 established for the particular school zone] 15 miles per
20 hour. An official traffic-control device shall indicate the
21 beginning and end of each school zone to traffic approaching
22 in each direction. Traffic-control devices requiring
23 operation shall not be operated on days when school is not in
24 session. Traffic-control devices not requiring operation
25 shall not be effective on days when school is not in session.
26 Establishment of a school zone on a State highway, including
27 its location[,] and hours of operation [and speed limit],
28 shall be approved by the department, PROVIDED THAT THE <--
29 LOCATION AND OPERATION OF TRAFFIC-CONTROL DEVICES CONFORM TO
30 THIS PARAGRAPH. UNLESS THE SCHOOL ZONE BE APPROVED BY THE
19790H0425B2449 - 132 -
1 DEPARTMENT, A MUNICIPALITY OR POLITICAL SUBDIVISION SHALL NOT
2 ENFORCE A SPECIAL SPEED LIMIT WITHIN SUCH ZONE.
3 (2) No person shall drive a vehicle within a highway or
4 utility construction or maintenance area at a speed in excess
5 of the speed limit established for such area in accordance
6 with department regulations.
7 (c) Hazardous grades.--The department and local authorities
8 on highways under their respective jurisdictions may conduct
9 [traffic and engineering investigations] engineering and traffic
10 studies on grades which are considered hazardous. If the grade
11 is determined to be hazardous, vehicles having a gross weight in
12 excess of a determined safe weight may be further limited as to
13 maximum speed and may be required to stop before proceeding
14 downhill. The restrictions shall be indicated by official
15 traffic-control devices erected and maintained according to
16 regulations established by the department.
17 * * *
18 § 3367. Racing on highways.
19 * * *
20 (b) General rule.--[No person shall drive a vehicle on a <--
21 highway in any race, speed competition or contest, drag race or
22 acceleration contest, test of physical endurance, exhibition of
23 speed or acceleration, or for the purpose of making a speed
24 record, and no person shall in any manner participate in any
25 such race, competition, contest, test or exhibition]. No person <--
26 shall drive a motor vehicle or in any other manner participate
27 in any race, drag race, speed competition, speed contest or
28 speed exhibition on a highway. Nothing contained in this section
29 shall be construed to prohibit road rallies or other speed
30 competitions which do not involve violations of this title.
19790H0425B2449 - 133 -
1 * * *
2 § 3368. Speed timing devices.
3 * * *
4 (c) Mechanical, electrical and electronic devices
5 authorized.--
6 (1) The rate of speed of any vehicle may be timed on any
7 highway by a police officer using a mechanical or electrical
8 speed timing OR SPEED COMPUTING device. <--
9 (2) [Electronic devices such as radio-microwave devices
10 (commonly referred to as electronic speed meters or radar)]
11 Electronic speed timing and computing devices (such as <--
12 vascar) DEVICES, VASCAR, and radio-microwave devices (such as <--
13 radar) may be used only by members of the Pennsylvania State
14 Police. [No person may be convicted upon evidence obtained <--
15 through the use of such devices unless the speed recorded is
16 six or more miles per hour in excess of the legal speed
17 limit.] <--
18 (3) NO PERSON MAY BE CONVICTED UPON EVIDENCE OBTAINED <--
19 THROUGH THE USE OF ANY MECHANICAL OR ELECTRICAL SPEED TIMING
20 OR SPEED COMPUTING DEVICE OR ANY ELECTRONIC DEVICE UNLESS THE
21 SPEED RECORDED IS SIX OR MORE MILES PER HOUR IN EXCESS OF THE
22 LEGAL SPEED LIMIT.
23 (d) Approval and testing of mechanical, electrical and
24 electronic devices.--
25 (1) All mechanical[, electrical or electronic] devices
26 shall be of a type approved by the [department,] Department
27 of Agriculture which shall appoint stations for calibrating
28 and testing the devices and may prescribe regulations as to
29 the manner in which calibrations and tests shall be made.
30 (2) All electrical, COMPUTING or electronic devices <--
19790H0425B2449 - 134 -
1 shall be of a type approved by the Department of
2 Transportation which shall appoint stations for calibrating
3 and testing the devices and may prescribe regulations as to
4 the manner in which calibrations and tests shall be made.
5 (3) The devices shall have been tested for accuracy
6 within a period of 60 days prior to the alleged violation. A
7 certificate from the station showing that the calibration and
8 test were made within the required period, and that the
9 device was accurate, shall be competent and prima facie
10 evidence of those facts in every proceeding in which a
11 violation of this title is charged.
12 (e) Measured portion of highway.--The rate of speed of any
13 vehicle may be timed on a measured portion of any highway at
14 least one tenth of a mile in length. The restriction on the
15 length of highway required shall not apply to the ELECTRICAL OR <--
16 ELECTRONIC DEVICES AND THOSE devices described in subsection
17 (c)(2).
18 § 3502. Penalty for violation [of subchapter] involving
19 pedalcycle.
20 Any person [violating any provision of this subchapter]
21 operating a pedalcycle in violation of this title is guilty of a
22 summary offense and shall, upon conviction, be sentenced to pay
23 a fine of $10.
24 § 3504. Riding on pedalcycles.
25 (a) Use of seat by operator.--A person propelling a
26 pedalcycle shall not ride other than upon or astride a permanent
27 and regular seat attached to the pedalcycle.
28 (b) Number of riders.--No pedalcycle shall be used to carry
29 more persons at one time than the number for which the
30 pedalcycle is designed [and] or equipped except that an adult
19790H0425B2449 - 135 -
1 rider may carry a child securely attached to the rider in a back
2 pack or sling.
3 § 3505. Riding on roadways and pedalcycle paths.
4 * * *
5 (e) Limited access highways.--No pedalcycle shall be
6 operated on any limited access highway unless a pedalcycle path
7 has been provided as part of the highway.
8 § 3507. Lamps and other equipment on pedalcycles.
9 (a) Lamps and reflectors.--Every pedalcycle when in use
10 between sunset and sunrise shall be equipped on the front with a
11 lamp which emits a white light visible from a distance of at
12 least 500 feet to the front and with a red reflector on the rear
13 of a type approved by the department which shall be visible
14 [from all distances from 100 feet to] for 600 feet to the rear
15 and with [an amber] a reflector [on] visible from each side or
16 retroflective tire sidewalls. A lamp emitting a red light
17 visible from a distance of 500 feet to the rear may be used in
18 addition to the red reflector. A lamp worn by the operator of a
19 pedalcycle shall comply with the requirements of this subsection
20 if the lamp can be seen at the distances specified. All lamps
21 and reflectors shall be of a type approved by the department.
22 (b) Audible signal devices.--A pedalcycle may be equipped
23 with a device, other than a siren or whistle, capable of giving
24 [a signal audible for a distance of at least 100 feet except
25 that a pedalcycle shall not be equipped with nor shall any
26 person use upon a pedalcycle any siren] an audible signal.
27 (c) Brakes.--Every pedalcycle shall be equipped with a
28 braking system which will stop the pedalcycle in 15 feet from an
29 initial speed of 15 miles per hour on a dry, level and clean
30 pavement.
19790H0425B2449 - 136 -
1 § 3508. Pedalcycles on sidewalks and pedalcycle paths.
2 (a) Right-of-way to pedestrians.--A person riding a
3 pedalcycle upon a sidewalk or pedalcycle path used by
4 pedestrians shall yield the right-of-way to any pedestrian and
5 shall give an audible signal, which may be a vocal signal,
6 before overtaking and passing a pedestrian.
7 (b) Business districts.--A person shall not ride a
8 pedalcycle upon a sidewalk in a business district unless
9 permitted by official traffic-control devices, nor when a usable
10 pedalcycle-only lane has been provided adjacent to the sidewalk.
11 § 3522. Riding on motorcycles.
12 (a) Use of seat by operator and passengers.--A person
13 operating a motorcycle shall ride only upon the permanent and
14 regular seat attached to the motorcycle, and the operator shall
15 not carry any other person nor shall any other person ride on a
16 motorcycle unless the motorcycle is designed or adapted to carry
17 more than one person, in which event a passenger may ride upon
18 the permanent and regular seat if designed for two persons, or
19 upon another seat firmly attached to the motorcycle at the rear
20 or side of the operator. In no event shall a passenger sit in
21 front of the operator of the motorcycle.
22 * * *
23 § 3523. Operating motorcycles on roadways laned for traffic.
24 (a) Right to use of lane.--All motorcycles are entitled to
25 full use of a lane and no motor vehicle shall be driven in such
26 a manner as to deprive any motorcycle of the full use of a lane.
27 (b) Overtaking and passing.--The operator of a motorcycle
28 shall not overtake and pass in the same lane occupied by the
29 vehicle being overtaken.
30 (c) Operation between lanes or vehicles.--No person shall
19790H0425B2449 - 137 -
1 operate a motorcycle between lanes of traffic or between
2 adjacent lines or rows of vehicles.
3 (d) Limitation on operating abreast.--Motorcycles shall not
4 be operated more than two abreast in a single lane.
5 (e) [Limited access] Exclusion from certain highways.--No
6 motorized pedalcycle shall be operated on any limited access
7 highway or on any highway where there is a posted minimum speed.
8 (f) Exception for police officers.--Subsections (b) and (c)
9 do not apply to police officers in the performance of their
10 official duties.
11 § 3525. Protective equipment for motorcycle riders.
12 * * *
13 (b) Eye-protective devices.--No person shall operate or ride
14 upon a motorcycle (other than a motorized pedalcycle) unless he
15 is wearing an eye-protective device of a type approved by the
16 department.
17 * * *
18 § 3541. Obedience of pedestrians to traffic-control [devices
19 and regulations] personnel and signals.
20 (a) [Traffic-control devices] Persons directing traffic.--A
21 pedestrian shall obey the instructions of a police officer or
22 other appropriately attired or equipped person authorized to
23 direct, control or regulate traffic.
24 (b) Traffic and pedestrian[-control] signals.--Local
25 authorities by ordinance may require pedestrians to obey traffic
26 and pedestrian[-control] signals as provided in sections 3112
27 (relating to traffic-control signals) and 3113 (relating to
28 pedestrian[-control] signals).
29 § 3543. Pedestrians crossing at other than crosswalks.
30 (a) General rule.--Every pedestrian crossing a roadway at
19790H0425B2449 - 138 -
1 any point other than within a crosswalk at an intersection or
2 any marked crosswalk [shall] should yield the right-of-way to
3 all vehicles upon the roadway.
4 (b) At pedestrian tunnel or overhead crossing.--Any
5 pedestrian crossing a roadway at a point where a pedestrian
6 tunnel or overhead pedestrian crossing has been provided [shall]
7 should yield the right-of-way to all vehicles upon the roadway.
8 (c) Between controlled intersections in urban district.--
9 Between adjacent intersections in urban districts at which
10 traffic-control signals are in operation pedestrians [shall]
11 should not cross at any place except in a marked crosswalk.
12 (d) Crossing intersection diagonally.--No pedestrian [shall]
13 should cross a roadway intersection diagonally unless authorized
14 by official traffic-control devices or at the direction of a
15 police officer or other appropriately attired person authorized
16 to direct, control or regulate traffic. When authorized to cross
17 diagonally, pedestrians shall cross only in accordance with the
18 signal pertaining to the crossing movements.
19 (e) Local regulation.--This section does not prohibit a
20 municipality from establishing a summary offense for violation
21 of this section.
22 § 3544. Pedestrians walking along or on highways.
23 * * *
24 (e) Limited access highways.--Except in emergency
25 situations, pedestrians are prohibited from the right-of-way of
26 a limited access highway.
27 § 3549. Blind pedestrians.
28 (a) General rule.--The driver of a vehicle shall yield the
29 right-of-way to any totally or partially blind pedestrian
30 carrying a clearly visible white cane or accompanied by a
19790H0425B2449 - 139 -
1 [guide] dog guide and shall take such precautions as may be
2 necessary to avoid injuring or endangering the pedestrian and,
3 if necessary, shall stop the vehicle in order to prevent injury
4 or danger to the pedestrian.
5 (b) Effect of absence of cane or dog.--This section shall
6 not be construed to deprive a totally or partially blind
7 pedestrian not carrying a cane or not being guided by a dog of
8 the rights and privileges conferred by law upon pedestrians
9 crossing streets or highways, nor shall the failure of a totally
10 or partially blind pedestrian to carry a cane or to be guided by
11 a [guide] dog guide upon the streets, highways or sidewalks of
12 this Commonwealth be held to constitute contributory negligence
13 in and of itself.
14 § 3550. Pedestrians under influence of alcohol or controlled
15 substance.
16 A pedestrian who is under the influence of alcohol or any
17 controlled substance to a degree which renders the pedestrian a
18 hazard shall not walk or be upon a highway except on a sidewalk
19 or except to cross a highway within a crosswalk at an
20 intersection or within a marked crosswalk.
21 § 3706. Riding in [house] certain trailers, mobile homes or
22 boats on trailers.
23 (a) General rule.--No person or persons shall occupy a house
24 trailer, recreational trailer, mobile home or boat on a trailer
25 while it is being moved upon a highway.
26 (b) Towing prohibited.--No person shall tow on a highway a
27 house trailer, recreational trailer, mobile home or boat on a
28 trailer occupied by a passenger or passengers.
29 (c) [Exception for certain semitrailers] Exceptions.--A
30 semitrailer which is attached to a [truck] towing vehicle in an
19790H0425B2449 - 140 -
1 articulating manner by means of a fifth wheel semitrailer
2 coupling device attached to the carrying compartment of the
3 [truck] towing vehicle may be occupied by a passenger or
4 passengers. The coupling device shall have a two-inch or larger
5 kingpin. All windows shall have safety glass. Some means of
6 electrical or electronic communications approved by the
7 department is required between the [cab of the truck] towing
8 vehicle and the semitrailer. This subsection applies only to
9 house trailers and recreational trailers.
10 § 3709. Depositing waste and other material on highway.
11 (a) General rule.--No person shall throw or deposit upon any
12 highway any waste paper, sweepings, ashes, household waste,
13 glass, metal, refuse or rubbish, or any dangerous or detrimental
14 object or substance.
15 (b) Removal of deposited material.--Any person who [drops]
16 throws or deposits, or permits to be [dropped or] thrown or
17 deposited, upon any highway any waste paper, sweepings, ashes,
18 household waste, glass, metal, refuse or rubbish, or any
19 dangerous or detrimental object or substance shall immediately
20 remove the same or cause it to be removed.
21 (c) Removal of material following accident.--Any person
22 removing a wrecked, damaged or disabled vehicle from a highway
23 shall remove from the highway or neutralize any glass, metal,
24 oil or other [injurious] dangerous or detrimental object or
25 substance resulting from the accident or disablement.
26 (d) Penalty.--Any person violating any of the provisions of
27 subsection (a) or (b) is guilty of a summary offense and shall,
28 upon conviction, be sentenced to pay a fine of not more than
29 $300.
30 § 3711. Unauthorized persons and devices hanging on vehicles.
19790H0425B2449 - 141 -
1 * * *
2 (b) Exceptions.--This section is not applicable to firemen
3 or garbage collectors or operators of fire trucks or garbage
4 trucks or employees of public utility companies acting pursuant
5 to and during the course of their duties or to other persons
6 exempted by the department regulations from the application of
7 this section. This section does not prohibit attaching a trailer
8 or semitrailer to a pedalcycle or riding in or on the bed of a
9 truck or other vehicle as long as no part of any person's body
10 extends beyond the bed of the truck or other vehicle.
11 § 3731. Driving under influence of alcohol or controlled
12 substance.
13 (a) Offense defined.--A person shall not drive any motor
14 vehicle while:
15 (1) under the influence of alcohol to a degree which
16 renders the person incapable of safe driving;
17 (2) under the influence of any controlled substance, as
18 defined in the act of April 14, 1972 (P.L.233, No.64), known
19 as "The Controlled Substance, Drug, Device and Cosmetic Act,"
20 to a degree which renders the person incapable of safe
21 driving; or
22 (3) under the combined influence of alcohol and a
23 controlled substance to a degree which renders the person
24 incapable of safe driving.
25 * * *
26 (d) Penalty.--Any person violating any of the provisions of
27 this section is guilty of a misdemeanor of the third degree and
28 upon conviction shall be sentenced subject to a fine not to
29 exceed $300 or imprisonment for not more than one year, or both.
30 In addition, any such person convicted shall be subject to the
19790H0425B2449 - 142 -
1 provisions of section 1532 (relating to suspension or revocation
2 of operating privilege).
3 § 3732. Homicide by vehicle.
4 Any person who unintentionally causes the death of another
5 person while engaged in the violation of any law of this
6 Commonwealth or municipal ordinance applying to the operation or
7 use of a vehicle or to the regulation of traffic is guilty of
8 homicide by vehicle, a misdemeanor of the first degree, when the
9 violation is the cause of death. In addition to any other
10 penalties provided, any person convicted under this section
11 shall be subject to the provisions of section 1532 (relating to
12 suspension or revocation of operating privilege).
13 § 3733. Fleeing or attempting to elude police officer.
14 (a) Offense defined.--Any driver of a motor vehicle who
15 willfully fails or refuses to bring his vehicle to a stop, or
16 who otherwise flees or attempts to elude a pursuing police
17 vehicle, when given visual or audible signal to bring the
18 vehicle to a stop, is guilty of a summary offense and shall,
19 upon conviction, be sentenced to pay a fine of $200. In
20 addition, any such driver convicted shall be subject to the
21 provisions of section 1532 (relating to suspension or revocation
22 of operating privilege).
23 * * *
24 § 3734. Driving without lights to avoid identification or
25 arrest.
26 Any person who drives without lights or turns off any or all
27 the lights on a motor vehicle for the purpose of avoiding
28 identification or arrest is guilty of a summary offense and
29 shall, upon conviction, be sentenced to pay a fine of $200. In
30 addition, any such driver convicted shall be subject to the
19790H0425B2449 - 143 -
1 provisions of section 1532 (relating to suspension or revocation
2 of operating privilege).
3 § 3741. Application of subchapter.
4 The provisions of this subchapter requiring reports to the
5 department shall apply only upon highways and trafficways
6 throughout this Commonwealth.
7 § 3746. Immediate notice of accident to police department.
8 * * *
9 (c) Investigation by police officer.--Every accident
10 reported to a police department as required in this section
11 shall be investigated by a police officer who shall provide each
12 driver a signed statement, on a form provided by the police
13 department, that the accident was reported.
14 § 3749. Reports by coroners and medical examiners.
15 * * *
16 (b) Blood and urine samples.--The coroners or medical
17 examiners of each county in this Commonwealth shall take blood
18 or urine samples or both from the bodies of [all drivers and of]
19 all pedestrians over 15 years of age and all drivers who die
20 within four hours following an accident and shall, within ten
21 days of the accident, transmit the samples to the [Governor's
22 Council on Drug and Alcohol Abuse] Department of Health. This
23 subsection shall be applicable to all occupants over 15 years of
24 age if the driver of the vehicle cannot be determined.
25 (c) Regulations for testing samples.--The [Governor's
26 Council on Drug and Alcohol Abuse] Department of Health shall
27 establish and promulgate rules and regulations for the testing
28 of the blood and urine samples authorized to be taken from dead
29 bodies under this section.
30 § 3751. Reports by police.
19790H0425B2449 - 144 -
1 * * *
2 (b) Furnishing copies of report.--Police departments shall,
3 upon request, furnish at [a cost not to exceed $5] the amount
4 specified in section 1955(b) (relating to information concerning
5 drivers, vehicles and accidents) a certified copy of the full
6 report of the police investigation of any vehicle accident to
7 any person involved in the accident, his attorney or insurer,
8 and to the Federal Government, branches of the military service,
9 Commonwealth agencies, and to officials of political
10 subdivisions and to agencies of other states and nations and
11 their political subdivisions. The copy of the report shall not
12 be admissible as evidence in any action for damages or criminal
13 proceedings arising out of a motor vehicle accident. Police
14 departments may refuse to furnish the complete copy of
15 investigation of the vehicle accident whenever there are
16 criminal charges pending against any persons involved in the
17 vehicle accident unless [the Pennsylvania Rules of Criminal
18 Procedure] general rules require the production of the
19 documents.
20 § 3752. Accident report forms.
21 (a) Form and content.--The department shall prepare and upon
22 request supply to all law enforcement agencies and other
23 appropriate agencies or individuals, forms for written accident
24 reports as required in this subchapter suitable with respect to
25 the persons required to make the reports and the purposes to be
26 served. The written report forms shall call for sufficiently
27 detailed information to disclose with reference to a vehicle
28 accident the cause, conditions then existing and the persons and
29 vehicles involved. Reports [for use by the drivers and owners]
30 shall also [provide for information relating to financial
19790H0425B2449 - 145 -
1 responsibility] indicate whether the vehicle is covered by the
2 insurance required in section 104(a) of the act of July 19, 1974
3 (P.L.489, No.176), known as the "Pennsylvania No-fault Motor
4 Vehicle Insurance Act," and the name of the carrier, if any.
5 (b) [Use] Preparation.--Every accident report required to be
6 made in writing shall be made on the appropriate form approved
7 by the department and shall contain all the information required
8 therein unless not available.
9 § 4103. Promulgation of vehicle equipment standards.
10 (a) General rule.--The department shall promulgate vehicle
11 equipment standards for vehicles, equipment and devices required
12 under this part. To the maximum extent possible, consistent with
13 safety, the standards shall be expressed in terms of minimum
14 acceptable performance levels, measured against objective
15 testing parameters.
16 (b) Applicability of Federal standards.--Federal standards
17 promulgated with respect to the performance of any vehicle or
18 item of equipment shall have the same force and effect as if
19 promulgated by the department under subsection (a) and shall
20 supersede any Commonwealth standard applicable to the same
21 aspect of performance for the vehicle or item of equipment.
22 (c) Incorporation of standards by reference.--Subject to the
23 provisions of subsections (a) and (b), applicable standards or
24 recommended practices issued by the [National Highway Traffic
25 Safety Administration,] U.S. Department of Transportation, the
26 Vehicle Equipment Safety Commission, the American National
27 Standards Institute, the Society of Automotive Engineers or any
28 other generally recognized standards setting body may be adopted
29 by reference[, provided that copies of the standards are].
30 Copies of standards other than standards of the United States
19790H0425B2449 - 146 -
1 Department of Transportation shall be incorporated in the notice
2 of proposed rule making.
3 (d) Applicability to certain vehicles.--Vehicle equipment
4 standards contained in this part or promulgated by the
5 department under the authority given in this part shall not
6 apply to [a]:
7 (1) A motor vehicle registered as an antique or
8 [classic] historic motor vehicle containing equipment which
9 meets the original manufacturer's specifications.
10 (2) A vehicle owned by the United States Government
11 unless it is registered in this Commonwealth.
12 (e) Extension of standards prohibited.--Vehicle equipment
13 standards promulgated by the department shall not be extended to
14 any vehicle which, because of its date of manufacture, is not
15 required by Federal standards to have the equipment.
16 § 4107. Unlawful activities.
17 (a) Violation of vehicle equipment standards.--
18 (1) It is unlawful for any person to sell, offer for
19 sale, lease, install or replace, either separately or as part
20 of the equipment of a vehicle, any item of vehicle equipment
21 affecting the operation of the vehicle which does not comply
22 with this title or regulations promulgated thereunder, or
23 which does not comply with an applicable Federal motor
24 vehicle safety standard [adopted by regulation by the
25 department].
26 (2) Any person convicted of violating this subsection
27 shall be subject to a civil penalty of not more than $100 for
28 each violation. Each violation of the provisions of this
29 subsection shall constitute a separate violation with respect
30 to each motor vehicle or item of motor vehicle equipment or
19790H0425B2449 - 147 -
1 with respect to each failure or refusal to allow or perform
2 an act required thereby, except that the maximum civil
3 penalty shall not exceed $10,000 for any related series of
4 violations.
5 * * *
6 § 4303. General lighting requirements.
7 * * *
8 (c) Turn signals and hazard warning lights.--Every motor
9 vehicle, except motorcycles [and pedalcycles] not required to be
10 so equipped at the time of manufacture, and every trailer
11 operated on a highway shall be equipped with a system of turn
12 signal lights and hazard warning lights in conformance with
13 regulations of the department.
14 * * *
15 (e) [Equipment exempted by regulation.--]Exemptions.--
16 Antique motor vehicles, historic motor vehicles, animal-drawn
17 vehicles, implements of husbandry and special mobile equipment,
18 if operated exclusively between the hours of sunrise and sunset
19 and not during periods of reduced visibility or insufficient
20 illumination, may be exempted from certain lighting equipment
21 requirements of this part by regulations of the department.
22 Lighting requirements for motorized pedalcycles and motor-driven
23 cycles may be modified by regulations of the department.
24 § 4305. Vehicular hazard signal lamps.
25 * * *
26 (d) Use at other times prohibited.--Vehicular hazard signal
27 lamps shall not be used except as provided in this section.
28 § 4307. Use and display of illuminated signs.
29 (a) General rule.--Except as otherwise provided in this
30 section or in department regulations, no vehicle shall bear or
19790H0425B2449 - 148 -
1 display any illuminated signs, letters, numerals or figures of
2 any kind [whatsoever].
3 [(b) Buses.--A bus or school bus may bear an illuminated
4 sign stating its use or destination.
5 (c) Taxicabs.--A taxicab may carry on the rear or the top of
6 the vehicle illuminated signs placed so as not to interfere with
7 the vision of the driver through the rear window of the
8 vehicle.]
9 (b) Exceptions.--The following types of vehicles may bear
10 illuminated signs placed so as not to interfere with the vision
11 of the driver through the rear window of the vehicle and subject
12 to the restrictions imposed pursuant to subsection (c):
13 (1) Buses or school buses.
14 (2) Taxicabs.
15 (c) Size, manner of lighting and placement.--The size,
16 manner of lighting and placement of the [sign must receive
17 approval of the department or be a type approved by the
18 department prior to use on the vehicle.] signs shall conform to
19 department regulations.
20 § 4308. SPOTLIGHTS AND FLOODLIGHTS AUTHORIZED. <--
21 (A) SPOTLIGHTS.--SPOTLIGHTS WITH CLEAR LENSES AND WITH
22 ADJUSTABLE SOCKETS MAY BE ATTACHED TO OR MOUNTED ON MOTOR
23 VEHICLES.
24 (B) FLOODLIGHTS.--SIDE MOUNTED ADJUSTABLE FLOODLIGHTS WITH
25 CLEAR LENSES MAY BE ATTACHED TO MOTOR VEHICLES.
26 § 4502. General requirements for braking systems.
27 (a) Parking brakes.--Every motor vehicle or combination,
28 except a motorcycle, operated on a highway shall be equipped
29 with a parking brake system adequate to hold the vehicle or
30 combination on any grade on which it is operated, under all
19790H0425B2449 - 149 -
1 conditions of loading, on a surface free of ice or snow. The
2 system shall not be designed to require a continuous or
3 intermittent source of energy for full effectiveness after
4 initial application.
5 (b) Service brakes.--Every vehicle and combination operated
6 on a highway shall be equipped with a service brake system
7 adequate to control the movement of and to stop and hold the
8 vehicle or combination on any grade on which it is operated,
9 under all conditions of loading, and adequate to meet the
10 braking performance standards established by regulation of the
11 department. This subsection does not apply to trailers which
12 have a gross weight not exceeding 3,000 pounds.
13 (c) Breakaway systems.--Every combination operated on a
14 highway, the towed vehicle of which is equipped with brakes or
15 which has a gross weight in excess of 3,000 pounds, shall be so
16 equipped that, upon breakaway of the towed vehicle, the towed
17 vehicle shall be stopped and held automatically, and the towing
18 vehicle shall be capable of being stopped and held by use of its
19 own service braking system. This subsection does not apply to a
20 combination in which the towed vehicle is a motor vehicle.
21 (d) Exceptions.--This section does not apply to towed
22 [instruments] implements of husbandry [and], such items or types
23 of special mobile equipment as are specifically exempted from
24 compliance by regulations promulgated by the department or to
25 trailers registered prior to July 1, 1977 or whose
26 Manufacturer's Certificate of Origin indicates that the trailer
27 is a 1977 model year or earlier.
28 § 4523. Exhaust systems, mufflers and noise control.
29 * * *
30 (b) Compliance with exhaust requirements.--In addition to
19790H0425B2449 - 150 -
1 any requirements established under sections 4531 (relating to
2 emission control [systems] devices) and 4532 (relating to smoke
3 control for diesel-powered motor vehicles), every motor vehicle
4 shall be constructed, equipped, maintained and operated so as to
5 prevent engine exhaust gases from penetrating and collecting in
6 any part of the vehicle occupied by the driver or passengers.
7 * * *
8 § 4524. Windshield obstructions and wipers.
9 (a) Obstruction on front windshield.--No person shall drive
10 any motor vehicle with any sign, poster or other nontransparent
11 material upon the front windshield except an inspection
12 certificate, [sticker] identification sign on a mass transit
13 vehicle or other officially required sticker and no person shall
14 drive any motor vehicle with any ice or snow on the front
15 windshield which materially obstructs, obscures or impairs the
16 driver's clear view of the highway or any intersecting highway.
17 (b) Obstruction on side and rear windows.--No person shall
18 drive any motor vehicle with any sign, poster or other
19 nontransparent material, including ice or snow, upon the side
20 wings or side or rear windows of the vehicle which materially
21 obstructs, obscures or impairs the driver's clear view of the
22 highway or any intersecting highway.
23 (c) Other obstruction.--No person shall drive any motor
24 vehicle with any object or material hung from the inside
25 rearview mirror or otherwise hung, placed or attached in such a
26 position as to materially obstruct, obscure or impair the
27 driver's vision through the front windshield or in any manner as
28 to constitute a safety hazard.
29 (d) Windshield wiper systems.--The windshield on every motor
30 vehicle other than a motorcycle [or motor-driven cycle] or
19790H0425B2449 - 151 -
1 special mobile equipment shall be equipped with a wiper system
2 capable of cleaning rain, snow or other moisture from the
3 windshield, and so constructed as to be controlled or operated
4 by the driver of the vehicle.
5 § 4530. Portable emergency warning devices.
6 (a) General rule.--Every truck, truck tractor, motor home
7 and bus, except for motor vehicles with a gross vehicle weight
8 rating of 10,000 pounds or less and any motor vehicle, except an
9 implement of husbandry, towing a trailer shall carry at least
10 three portable emergency warning devices of a type specified by
11 regulations promulgated by the department. The regulations shall
12 be consistent with Motor Carrier Safety Regulations, Department
13 of Transportation, Federal Highway Administration, Bureau of
14 Motor Carrier Safety, section 393.95.
15 (b) When display required.--Whenever any vehicle of a type
16 referred to in subsection (a) is disabled or stopped for more
17 than ten minutes upon a roadway or shoulder outside of an urban
18 district, or upon any divided highway, the driver of the vehicle
19 shall display the portable warning devices of the type required
20 under subsection (a) in such manner as the department shall
21 direct by regulations.
22 § 4531. Emission control [systems] devices.
23 [(a) Compliance with established maximum levels.--No vehicle
24 manufactured in compliance with the requirements of the Clean
25 Air Act (77 Stat. 392, 42 U.S.C. § 1857), or any amendments or
26 supplements thereto, shall have emissions exceeding the maximum
27 permissible levels prescribed by law.
28 (b) Limitation on alteration of system.--No person shall
29 change or alter the emission control system of a vehicle in such
30 a manner that it fails to comply with the prescribed emissions
19790H0425B2449 - 152 -
1 criteria. It is unlawful for the vehicle to be operated under
2 its own power until a reinspection at an official inspection
3 station establishes its full compliance.]
4 (a) Removal or rendering inoperative.--It is unlawful for
5 any person to remove or render inoperative, except for
6 reinstallation or repair, or to advertise or otherwise offer to
7 do so, any device or element of design installed on or in a
8 motor vehicle or motor vehicle engine manufactured in compliance
9 with the Clean Air Act (77 Stat. 392, 42 U.S.C. § 1857) and any
10 amendments and supplements thereto.
11 (b) Penalty.--Any person violating any of the provisions of
12 this section is guilty of a summary offense and shall, upon
13 conviction, be sentenced to pay a fine of $100 for each
14 violation. Each violation of the provisions of this section
15 shall constitute a separate violation with respect to each motor
16 vehicle, device, element of design, offer or advertisement.
17 (c) Injunctive relief.--In addition to any fine imposed
18 under subsection (b), a court of record shall have jurisdiction
19 to restrain any violation of the provisions of this section.
20 § 4534. Rearview mirrors.
21 No person shall operate [a motor vehicle or] any combination
22 or a motor vehicle, except a motorized pedalcycle or an
23 implement of husbandry, on a highway unless the vehicle or
24 combination is equipped with at least one mirror, or similar
25 device, which provides the driver an unobstructed view of the
26 highway to the rear of the vehicle or combination.
27 § 4535. Audible warning devices.
28 (a) General rule.--Every motor vehicle operated on a
29 highway, except an implement of husbandry, shall be equipped
30 with a horn or other audible warning device of a type approved
19790H0425B2449 - 153 -
1 in regulations of the department.
2 (b) Certain sound devices prohibited.--Except as
3 specifically provided in this part or by regulations of the
4 department, no vehicle operated on a highway shall be equipped
5 with a siren, bell, whistle or any device emitting a similar
6 sound or any unreasonably loud or harsh sound.
7 § 4552. General requirements for school buses.
8 * * *
9 (e) Visibility.--Every school bus shall be designed and
10 equipped with mirrors so as to provide the driver with an
11 unobstructed view of any pedestrian in proximity to the vehicle.
12 * * *
13 (i) Vehicles no longer used as school buses.--Labels,
14 markings and visual signals required by this section shall be
15 removed from any motor vehicle no longer in use as a school bus.
16 The exterior of the former school bus shall be repainted so as
17 not to resemble a school bus if it is driven on any highway.
18 However, this repainting requirement shall not be construed to
19 prevent the movement of a former school bus that has not been
20 repainted pursuant to this subsection from the property of the
21 owner to the purchaser's property or to a paint shop.
22 § 4571. Visual and audible signals on emergency vehicles.
23 (a) General rule.--Every emergency vehicle shall be equipped
24 with one or more revolving or flashing red lights and an audible
25 warning system. Spotlights with adjustable sockets may be
26 attached to or mounted on emergency vehicles.
27 (b) Police and fire vehicles.--
28 (1) Police vehicles may in addition to the requirements
29 of subsection (a) be equipped with revolving or flashing blue
30 lights. The combination of red and blue lights may be used
19790H0425B2449 - 154 -
1 only on police vehicles.
2 (2) [Spotlights with adjustable sockets may be attached
3 to or mounted on police vehicles.
4 (3)] Unmarked police vehicles, used as emergency
5 vehicles and equipped with audible warning systems, may be
6 equipped with the lights described in this section.
7 [(4)] (3) Police and fire vehicles may be equipped with
8 a mounted rack containing one or more emergency warning
9 lights or side mounted [adjustable] floodlights[, or both] or
10 alley lights or all such lights.
11 [(c) Game Commission vehicles.-- Vehicles owned and operated
12 by the Pennsylvania Game Commission may be equipped with
13 revolving or flashing red lights in accordance with subsection
14 (a).]
15 (c) Other authorized vehicles.--Vehicles owned and operated
16 by the following agencies or individuals may be equipped with
17 revolving or flashing red lights of a type approved by the
18 department:
19 (1) Pennsylvania Game Commission.
20 (2) Coroners and chief deputy coroners.
21 (3) PENNSYLVANIA FISH COMMISSION. <--
22 (d) Vehicles prohibited from using signals.--Except as
23 otherwise specifically provided in this part, no vehicle other
24 than an emergency vehicle may be equipped with lights or audible
25 warning systems identical or similar to those specified in
26 subsections (a) and (b).
27 (e) Authorized period of use.--The lights and warning
28 systems specified by this section may be used only during an
29 emergency or in the interest of public safety and by police
30 officers in enforcement of the law.
19790H0425B2449 - 155 -
1 (f) Conformity with department regulations.--All equipment
2 authorized or required by this section shall conform to
3 department regulations.
4 § 4572. Visual signals on authorized vehicles.
5 * * *
6 (b) Flashing or revolving yellow lights.--Vehicles
7 authorized pursuant to the provisions of section 6107 (relating
8 to designation of authorized vehicles by department) may be
9 equipped with [no more than two] flashing or revolving yellow
10 lights in addition to the vehicular hazard signal lamps
11 authorized in section 4305 (relating to vehicular hazard signal
12 lamps). The number of lights, the manner in which the [light]
13 lights shall be displayed and the intensity shall be determined
14 by regulation of the department.
15 (c) Spotlights.--Spotlights with adjustable sockets may be
16 attached to or mounted on authorized vehicles.
17 [(c)] (d) Vehicles prohibited from using lights.--No vehicle
18 other than a duly authorized vehicle may be equipped with lights
19 identical or similar to those specified in subsections (a) and
20 (b).
21 § 4702. [Requirement for periodic] Periodic inspection
22 of vehicles.
23 (a) [General rule] Semiannual inspection system.--The
24 department shall establish a system of semiannual inspection of
25 vehicles. [registered in this Commonwealth.
26 (b) Annual inspection of certain vehicles.--Recreational
27 trailers, vehicles registered as antique and classic vehicles,
28 firefighting vehicles and motorcycles shall be subject to annual
29 inspection.]
30 (b) Annual inspections.--The following types of vehicles
19790H0425B2449 - 156 -
1 shall be subject to annual inspection:
2 (1) Recreational trailers having a registered gross
3 weight in excess of 3,000 pounds.
4 (2) Vehicles registered as antique and historic motor
5 vehicles.
6 (3) Firefighting vehicles.
7 (4) Motorcycles other than motorized pedalcycles.
8 (5) Motor homes.
9 (c) [Inspection of vehicles reentering this Commonwealth.--
10 Owners of Pennsylvania registered vehicles which have been
11 outside of this Commonwealth continuously for 30 days or more
12 and which at the time of reentering this Commonwealth do not
13 bear a currently valid certificate of inspection and approval
14 shall, within five days of reentering this Commonwealth, proceed
15 to an official inspection station for an inspection of the
16 vehicle.
17 (d)] Extension of inspection period.--The department may, by
18 regulation, extend the time for any of the inspections required
19 by this chapter for not more than 30 days due to weather
20 conditions or other causes which render compliance with the
21 provisions of this chapter within the prescribed time difficult
22 or impossible.
23 § 4703. Operation of vehicle without official certificate of
24 inspection.
25 (a) General rule.--No [registered] motor vehicle required to
26 be registered in this Commonwealth shall be driven and no
27 [registered] trailer required to be registered in this
28 Commonwealth shall be moved on a highway unless the vehicle
29 displays a currently valid certificate of inspection [and
30 approval].
19790H0425B2449 - 157 -
1 (b) Exceptions.--Subsection (a) does not apply to:
2 (1) Special mobile equipment.
3 (2) Implements of husbandry.
4 (3) Motor vehicles being towed.
5 (4) Motor vehicles being operated or trailers being
6 towed by an official inspection station owner or employee for
7 the purpose of inspection.
8 (5) Trailers having a registered gross weight of 3,000
9 pounds or less.
10 (6) Motorized pedalcycles.
11 (7) Vehicles being repossessed by a financer or
12 collector-repossessor through the use of miscellaneous motor
13 vehicle business registration plates.
14 (8) New vehicles while they are in the process of
15 manufacture, including testing, and not in transit from the
16 manufacturer to a purchaser or dealer.
17 (c) Inspection of vehicles reentering this Commonwealth.--
18 Vehicles subject to inspection which have been outside this
19 Commonwealth continuously for 30 days or more and which, at the
20 time of reentering this Commonwealth, do not bear a currently
21 valid certificate of inspection shall be inspected within five
22 days of reentering this Commonwealth.
23 (d) Newly-purchased vehicles.--Newly-purchased vehicles may
24 be driven without being inspected for five days after purchase
25 or entry into this Commonwealth, whichever occurs later.
26 [(c)] (e) Display of unauthorized certificate of
27 inspection.--No certificate of inspection [and approval] shall
28 be displayed unless an official inspection has been made and the
29 vehicle is in conformance with the provisions of this chapter.
30 [(d)] (f) Authority of police.--Any police officer may stop
19790H0425B2449 - 158 -
1 any motor vehicle or trailer and require the owner or operator
2 to display an official certificate of inspection [and approval]
3 for the vehicle being operated. A police officer may summarily
4 remove an unauthorized, expired or unlawfully issued certificate
5 of inspection from any vehicle.
6 (g) Limitation on prosecution.--A motor vehicle shall be the
7 subject of only one arrest under subsection (a) in any 24-hour
8 period.
9 (h) Penalty.--Any person violating this section is guilty of
10 a summary offense and shall, upon conviction, be sentenced to
11 pay a fine of up to $25.
12 § 4704. Notice by police officers of violation.
13 (a) General rule.--Any police officer having probable cause
14 to believe that any vehicle, regardless of whether it is being
15 operated, is unsafe or not equipped as required by law may at
16 any time submit a written notice of the condition to the driver
17 of the vehicle or to the owner, or if neither is present, to an
18 adult occupant of the vehicle, or if the vehicle is unoccupied,
19 the notice shall be attached to the vehicle in a conspicuous
20 place.
21 (1) If an item of equipment is broken or missing, the
22 notice shall specify the particulars of the condition and
23 require that the equipment be adjusted or repaired. Within
24 five days evidence must be submitted to the police that the
25 requirements for repair have been satisfied.
26 (2) If the police officer has probable cause to believe
27 that a vehicle is unsafe or not in proper repair, he may
28 require in the written notice that the [car] vehicle be
29 inspected. The owner or driver shall submit to the police
30 within five days of the date of notification certification
19790H0425B2449 - 159 -
1 from an official inspection station that the vehicle has been
2 restored to safe operating condition in relation to the
3 particulars specified on the notice.
4 (3) After the expiration of the five-day period
5 specified in paragraphs (1) and (2), the vehicle shall not be
6 operated upon the highways of this Commonwealth until the
7 owner or driver has submitted to the police evidence of
8 compliance with the requirements of paragraph (1) or (2),
9 whichever is applicable.
10 * * *
11 § 4721. Appointment of official inspection stations.
12 (a) General rule.--For the purpose of establishing a system
13 of official inspection stations, the department shall issue
14 certificates of appointment to privately owned facilities within
15 this Commonwealth that comply with the requirements of this
16 chapter and regulations adopted by the department. The
17 department shall issue instructions and all necessary forms to
18 such facilities. Official inspection stations are authorized to
19 inspect vehicles and issue official certificates of inspection.
20 (b) Stations limited to trailer inspections.--For the
21 purpose of authorizing official inspection stations limited to
22 the inspection of trailers not exceeding a registered gross
23 weight of 10,000 pounds, the department shall issue certificates
24 of appointment to privately owned facilities within this
25 Commonwealth that comply with the requirements of this chapter
26 and regulations adopted by the department. The department shall
27 issue instructions and all necessary forms to such facilities.
28 The stations are authorized to inspect and issue official
29 certificates of inspection for only trailers not exceeding a
30 registered gross weight of 10,000 pounds.
19790H0425B2449 - 160 -
1 § 4722. Certificate of appointment.
2 * * *
3 (c) Bond or proof of insurance.--[Before issuing a
4 certificate of appointment the department shall require] Every
5 station shall provide and maintain a bond or proof of insurance
6 to [provide] guarantee compensation for any damage to a vehicle
7 during an inspection or adjustment due to negligence on the part
8 of the applicant or its employees in such amount as is deemed
9 adequate by the department pursuant to department regulations.
10 § 4723. Certificate of appointment for inspecting fleet
11 vehicles.
12 The department may issue a certificate of appointment under
13 the provisions of this chapter to any person who [owns or
14 leases] registers 15 or more vehicles and who meets the
15 requirements of this chapter and regulations adopted by the
16 department. The certificate of appointment may authorize
17 inspection of only those vehicles [owned or leased] registered
18 by such person.
19 § 4724. Suspension of certificates of appointment.
20 (a) General rule.--The department shall supervise and
21 inspect official inspection stations and [shall] may suspend the
22 certificate of appointment issued to a station which it finds is
23 not properly equipped or conducted or which has violated or
24 failed to comply with any of the provisions of this chapter or
25 regulations adopted by the department. The department shall
26 maintain a list of all stations holding certificates of
27 appointment and of those whose certificates of appointment have
28 been suspended. Any suspended certificate of appointment and all
29 unused certificates of inspection shall be returned immediately
30 to the department.
19790H0425B2449 - 161 -
1 (b) Judicial review.--Any person whose certificate of
2 appointment has been denied or suspended under this chapter
3 shall have the right to appeal to the court vested with
4 jurisdiction of such appeals by or pursuant to Title 42
5 (relating to judiciary and judicial procedure). The court shall
6 set the matter for hearing upon [30] 60 days' written notice to
7 the department and take testimony and examine into the facts of
8 the case and determine whether the petitioner is entitled to a
9 certificate of appointment or is subject to suspension of the
10 certificate of appointment under the provisions of this chapter.
11 § 4725. Use of certificate of appointment at official
12 inspection stations.
13 * * *
14 (c) Penalty.--Any person violating this section is guilty of
15 a summary offense punishable:
16 (1) For a first offense, by a fine of not more than
17 $100.
18 (2) For a subsequent offense, by a fine of not less than
19 $200 nor more than $500 or imprisonment for not more than 90
20 days, or both.
21 § 4726. Certification of mechanics.
22 (a) General rule.--No mechanic shall conduct motor vehicle
23 inspections at an official inspection station unless certified
24 as to training, qualifications and competence by the department
25 according to department regulations. A person who is in
26 possession of a driver's license, other than a motorcycle
27 driver's license, shall not be required to have a school bus
28 driver's license as a prerequisite to being certified to inspect
29 school buses. The provisions of this title or regulations
30 adopted thereunder shall not be construed or applied in a manner
19790H0425B2449 - 162 -
1 which would preclude or impair the right of a person who is a
2 resident of another state, and who is in possession of a valid
3 driver's license issued by such state, to be certified to
4 conduct motor vehicle inspections at an official inspection
5 station in this Commonwealth. No official inspection station
6 appointment shall be issued or renewed unless a certified
7 official inspection mechanic is there employed.
8 (b) Supervision and suspension.--The department shall
9 supervise mechanics certified under this section and may suspend
10 the certification issued to a mechanic if it finds that the
11 mechanic has improperly conducted inspections or has violated or
12 failed to comply with any of the provisions of this chapter or
13 regulations adopted by the department. The department shall
14 maintain a list of all certified mechanics and of those whose
15 certification has been suspended. Any suspended certificate
16 shall be returned immediately to the department.
17 (c) Judicial review.--Any mechanic whose certificate has
18 been denied or suspended under this chapter shall have the right
19 to appeal to the court vested with jurisdiction of such appeals
20 by or pursuant to Title 42 (relating to judiciary and judicial
21 procedure). The court shall set the matter for hearing upon 60
22 days' written notice to the department and take testimony and
23 examine into the facts of the case and determine whether the
24 petitioner is entitled to certification or is subject to
25 suspension of the certification under the provisions of this
26 chapter.
27 § 4727. Issuance of certificate of inspection.
28 (a) Requirements prior to inspection.--No vehicle except a
29 vehicle owned by a dealer or manufacturer shall be inspected
30 unless it is [duly registered] titled. The owner or operator or
19790H0425B2449 - 163 -
1 an employee of the official inspection station shall examine the
2 registration card or title in order to ascertain that the
3 vehicle is [registered] titled.
4 * * *
5 § 4729. Removal of certificate of inspection.
6 No certificate of inspection shall be removed from a vehicle
7 for which the certificate was issued except to replace it with a
8 new certificate of inspection issued in accordance with the
9 provisions of this chapter or as follows:
10 (1) The police officer may remove a certificate of
11 inspection in accordance with the provisions of section
12 4703(d) (relating to operation of vehicle without official
13 certificate of inspection).
14 (2) A person replacing a windshield or repairing a
15 windshield in such a manner as to require removal of a
16 certificate of inspection shall at the option of the
17 registrant of the vehicle cut out the portion of the
18 windshield containing the certificate and deliver it to the
19 registrant of the vehicle or destroy the certificate. The
20 vehicle may be driven for up to five days if it displays the
21 portion of the old windshield containing the certificate as
22 prescribed in department regulations. Within the five day
23 period an official inspection station may affix to the
24 vehicle another certificate of inspection for the same
25 inspection period without reinspecting the vehicle in
26 exchange for the portion of the old windshield containing the
27 certificate of inspection. A fee of no more than $1 may be
28 charged for the exchanged certificate of inspection.
29 (3) [A salvor] Every applicant for a vehicle salvage
30 authorization pursuant to section 1117(a) (relating to
19790H0425B2449 - 164 -
1 vehicle destroyed or salvaged) shall remove and destroy the
2 certificate of inspection on [every vehicle in his possession
3 except vehicles used in the operation of the business of the
4 salvor] the vehicle.
5 § 4730. Violations of use of certificate of inspection.
6 (a) General rule.--No person shall:
7 (1) make, issue, transfer or possess any imitation [or
8 counterfeit] of an official certificate of inspection; [or]
9 (2) display or cause to be displayed on any vehicle or
10 have in possession any certificate of inspection knowing the
11 same to be fictitious or stolen or issued for another vehicle
12 or issued without an inspection having been made; or
13 (3) knowingly possess or sell any counterfeit
14 certificate of inspection.
15 (b) Unauthorized use by official inspection station.--No
16 official inspection station shall furnish, loan, give or sell
17 certificates of inspection and approval to any other official
18 inspection station or any other person except upon an inspection
19 made in accordance with the requirements of this chapter.
20 (c) Penalty.--
21 (1) A violation of the provisions of this section except
22 subsection (a)(3) constitutes a summary offense punishable:
23 [(1)] (i) For a first offense, by a fine of not more
24 than $100.
25 [(2)] (ii) For a subsequent offense, by a fine of
26 not less than $200 nor more than $500 or imprisonment for
27 not more than 90 days, or both.
28 (2) A violation of subsection (a)(3) constitutes a
29 summary offense punishable by a fine of $500 and a three-
30 month suspension of the driver's license and all vehicle
19790H0425B2449 - 165 -
1 registrations of the violator.
2 § 4901. Scope and application of chapter.
3 * * *
4 (c) Permit authorizing prohibited movement.--If an
5 overweight or oversize movement cannot be made in any other
6 feasible manner, the permit may authorize the movement to be
7 made in contravention to any provision of this title provided
8 that:
9 (1) the department or local authority determines that
10 the movement is in the public interest; and
11 (2) the movement is escorted by [the Pennsylvania State
12 Police] police or department personnel while any provision of
13 this title is being contravened.
14 § 4902. Restrictions on use of highways and bridges.
15 (a) General rule.--The department and local authorities with
16 respect to highways and bridges under their jurisdictions may
17 prohibit the operation of vehicles and may impose restrictions
18 as to the weight or size of vehicles operated upon a highway or
19 bridge whenever the highway or bridge, by reason of design
20 capacity, deterioration or [rain, snow or other] climatic
21 conditions, may be damaged or destroyed unless the use of
22 vehicles is prohibited or the permissible weights reduced.
23 School buses, emergency vehicles and vehicles making local
24 deliveries or pickups may be exempted from restrictions on
25 highways but not bridges imposed under this subsection.
26 [(b) Permit with bond.--The department and local authorities
27 may issue permits for movement of vehicles of size and weight in
28 excess of the restrictions promulgated under subsection (a) with
29 respect to highways and bridges under their jurisdiction,
30 conditioned upon the execution of a surety bond by the user in
19790H0425B2449 - 166 -
1 favor of the department or local authorities to cover the cost
2 of repairs necessitated by the movement.]
3 (b) Permits.--The department and local authorities shall
4 provide a system of permits, individual and annual, that shall
5 ensure that all necessary transport of excess weight vehicles
6 under subsection (a) over posted secondary roads will be allowed
7 pursuant to permit. The permit system shall include variable
8 rates as determined by the department or the local authorities
9 and all moneys collected will be spent on that portion of
10 highway covered by the permits so as to cover the cost of
11 repairs resulting from the overweight movements.
12 (c) Restrictions from traffic conditions.--The department
13 and local authorities with respect to highways and bridges under
14 their jurisdictions may prohibit the operation of vehicles and
15 may impose restrictions as to the weight or size of vehicles
16 operated upon a highway or bridge by reason of hazardous traffic
17 conditions or other safety factors. School buses, emergency
18 vehicles and vehicles making local deliveries or pickups may be
19 exempted from restrictions imposed under this subsection.
20 (d) Designation of alternate routes.--In conjunction with
21 the exercise of the powers set forth in subsection (a) or (c),
22 the department may designate vehicles in excess of specified
23 weights or sizes to utilize a portion of the Pennsylvania
24 Turnpike as an alternate route to any highway or bridge from
25 which those vehicles have been prohibited or restricted.
26 [(d)] (e) Erection of signs.--The department and the local
27 authorities shall erect or cause to be erected and maintained
28 signs designating the restrictions at each end of that portion
29 of any highway or bridge restricted as provided in subsections
30 (a) and (c) and at the nearest intersection in each direction of
19790H0425B2449 - 167 -
1 the restricted highway or of the highway leading to the
2 restricted bridge with the highway on which the restricted
3 vehicles may be operated. The restrictions shall not be
4 effective unless signs are erected and maintained in accordance
5 with this subsection.
6 [(e)] (f) Penalty.--
7 (1) Any person operating a vehicle or combination upon a
8 highway or bridge in violation of a prohibition or
9 restriction imposed under subsection (a) is guilty of a
10 summary offense and shall, upon conviction, be sentenced to
11 pay a fine of $75. In addition, any person operating a
12 vehicle with a gross weight in excess of the posted weight
13 shall be sentenced to pay a fine of $75 for each 500 pounds,
14 or part thereof, in excess of 3,000 pounds over the maximum
15 allowable weight.
16 (2) Any person operating a vehicle or combination in
17 violation of a prohibition or restriction imposed under
18 subsection (c) is guilty of a summary offense and shall, upon
19 conviction, be sentenced to pay a fine of not less than $25
20 nor more than $100.
21 § 4903. Securing loads in vehicles.
22 * * *
23 (c) Load of logs.--Every load of logs on a vehicle shall be
24 securely fastened with at least three binders, chains or straps
25 and, in the case of an open-body or stake-body vehicle, trailer
26 or semitrailer there shall be a sufficient number of vertical
27 metal stakes or posts securely attached [on each side of] to the
28 vehicle, trailer or semitrailer at least as high as the top of
29 the load to secure such load in the event of a failure of the
30 binders, chains or straps.
19790H0425B2449 - 168 -
1 * * *
2 § 4904. Limits on number of towed vehicles.
3 * * *
4 (c) Towing vehicles requiring service.--
5 (1) A dolly not exceeding ten feet in length may be
6 towed by a motor vehicle for the purpose of towing another
7 vehicle requiring service.
8 (2) A combination requiring emergency service may be
9 towed to a nearby garage or other place of safety.
10 (d) Driveaway-towaway operations.--Not more than [three]
11 four truck tractors, empty trucks or chassis therefor, may be
12 towed by a truck tractor, truck or the chassis thereof, provided
13 that only the [rear wheels of the drawn vehicles] wheels of a
14 single axle of each drawn vehicle shall touch the road surface.
15 § 4907. Penalty for violation of chapter.
16 (a) General rule.--Any person violating any provisions of
17 this chapter for which a penalty is not otherwise provided is
18 guilty of a summary offense and shall, upon conviction, be
19 sentenced to pay a fine of not less than $50 nor more than $100.
20 (b) Evidence.--In any proceeding for a violation of the
21 provisions of this title relating to maximum weights of
22 vehicles, records, papers, books and documents, including
23 shipping receipts or bills of lading, which are carried on the
24 vehicle and which show weight shall be prima facie evidence in
25 establishing a violation.
26 § 4921. Width of vehicles.
27 (a) General rule.--The total outside width of a vehicle, <--
28 including any load, shall not exceed eight feet except as
29 otherwise provided in this section.
30 (b) [Farm] Special vehicles.--[Any implement of husbandry or
19790H0425B2449 - 169 -
1 vehicle loaded with vegetable produce or forage crops and not
2 exceeding ten feet in width may operate between sunrise and
3 sunset on highways other than freeways.]
4 (1) Any implement of husbandry or vehicle loaded with
5 vegetable produce or forage crops and not exceeding ten feet
6 in width may be driven, hauled or towed between sunrise and
7 sunset on highways other than freeways.
8 (2) Any implement of husbandry not exceeding 14 feet 6
9 inches in width may be driven, hauled or towed between
10 sunrise and sunset on highways other than freeways between:
11 (i) Parts of one farm owned or operated by the owner
12 of the implement of husbandry.
13 (ii) Farms owned or operated by the owner of the
14 implement of husbandry located not more than 25 miles
15 apart.
16 (iii) (A) farms; or
17 (B) a farm and a place of business of a mechanic
18 or dealer in implements of husbandry;
19 located not more than 25 miles apart for the purpose of
20 buying, selling, trading, leveling, demonstrating,
21 repairing or servicing the implement of husbandry.
22 (3) Special mobile equipment not exceeding nine feet two
23 inches in width may be driven, hauled or towed between
24 sunrise and sunset on highways other than freeways.
25 (4) The department may regulate the operation of special
26 vehicles subject to this subsection which regulations may
27 prohibit the operation of special vehicles on certain days or
28 during certain hours.
29 * * *
30 (c) Buses.--
19790H0425B2449 - 170 -
1 (1) Any bus [operated wholly within a municipality,
2 where permitted by the municipality; or in more than one
3 municipality, where approved by the Public Utility Commission
4 may have] having a total outside width not [to exceed]
5 exceeding eight feet six inches [when operated upon a highway
6 having] may be driven upon State highways designated by the
7 department and upon local highways designated by local
8 authorities which have traffic-lane widths of not less than
9 ten feet.
10 (2) The width limitations of this section do not apply
11 to trolley buses being operated on routes which were
12 established prior to July 1, 1977.
13 (d) Nondivisible loads.--Vehicles carrying nondivisible
14 loads not exceeding eight feet six inches in width may operate
15 on any highway having a roadway width of 20 feet or more. This
16 subsection does not apply on the National System of Interstate
17 and Defense Highways.
18 (e) Mirrors and sunshades.--Mirrors and sunshades may extend
19 beyond the maximum width of a vehicle as follows:
20 (1) Mirrors may extend on each side a maximum of six
21 inches beyond the width of the vehicle, trailer or load,
22 [whichever is greater.] or, in the case of a truck or truck
23 tractor, beyond the maximum allowable width, whichever is
24 greater.
25 (2) Sunshades may extend a maximum of six inches on each
26 side of the vehicle.
27 (f) Exceptions.--The provisions of this subchapter governing
28 the width of vehicles do not apply to street sweepers and snow
29 removal equipment.
30 § 4923. Length of vehicles.
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1 (a) General rule.--No motor vehicle, including any load and
2 bumpers, shall exceed an overall length of 40 feet, and no
3 combination, including any load and bumpers, shall exceed an
4 overall length of 55 feet.
5 (b) Exceptions.--The limitations of (a) do not apply to the
6 following:
7 (1) Any motor vehicle equipped with a boom or boom-like
8 device if the vehicle does not exceed 55 feet.
9 (2) The load on a combination designed exclusively for
10 carrying motor vehicles if the overall length of the
11 combination and load does not exceed 60 feet and driveaway-
12 towaway operations which do not exceed 60 feet.
13 (3) Any combination transporting articles which do not
14 exceed 70 feet in length and are nondivisible as to length.
15 (4) ANY BUS OF AN ARTICULATED DESIGN WHICH DOES NOT <--
16 EXCEED 60 FEET.
17 § 4924. Limitations on length of projecting loads.
18 (a) General rule.--Subject to the provisions of this
19 subchapter limiting the length of vehicles and loads, the load
20 upon any vehicle operated alone or the load upon the front
21 vehicle of a combination [of vehicles] shall not extend more
22 than three feet beyond the foremost part of the vehicle, and the
23 load upon any vehicle operated alone or the load, other than a
24 nondivisible load, upon the rear vehicle of a combination shall
25 not extend more than six feet beyond the rear of the bed or body
26 of such vehicle.
27 * * *
28 § 4941. Maximum gross weight of vehicles.
29 * * *
30 (b) Combination of vehicles.--No combination shall, when
19790H0425B2449 - 172 -
1 operated upon a highway, have a gross weight exceeding the
2 following:
3 Maximum
4 Combination of Vehicles Gross Weight
5 In Pounds
6 Two-axle truck tractor & single-axle semitrailer 50,000
7 Two-axle truck tractor & two-axle semitrailer 60,000
8 Three-axle truck tractor & single-axle semitrailer 60,000
9 Two-axle truck & two-axle full trailer 62,000
10 § 4942. Registered gross weight.
11 (a) Single vehicle [limits].--No vehicle registered as a
12 truck[, a combination] or [a] trailer shall be operated with a
13 gross weight in excess of its registered gross weight.
14 [(b) Truck towing trailer.--No vehicle registered as a truck
15 shall be operated with a gross weight, exclusive of any trailer
16 being towed, in excess of its registered gross weight as a
17 truck.
18 (c)] (b) Combination.--No combination containing a trailer
19 having a gross weight or registered gross weight in excess of
20 10,000 pounds shall be operated with a gross weight in excess of
21 the registered gross weight of the truck or truck tractor for a
22 combination, or in the case of truck or truck tractor registered
23 in a jurisdiction which does not register trucks or truck
24 tractors for a combination, a gross weight in excess of the sum
25 of the registered gross weight of the truck or truck tractor and
26 the registered gross weight of the trailer.
27 § 4943. Maximum axle weight of vehicles.
28 (a) General rule.--No motor vehicle or combination shall,
29 when operated upon a highway, have a weight upon [each] either
30 of two adjacent axles in excess of the following:
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1 Maximum Axle Weight in Pounds Upon:
2 If the Center-to Center
3 Distance Between Two One of Two Other of Two
4 Adjacent Axles is: Adjacent Axles Adjacent Axles
5 Under 6 feet 18,000 18,000
6 6 to 8 feet 18,000 22,400
7 Over 8 feet 22,400 22,400
8 (b) Gross weight.--No motor vehicle shall be driven with a
9 gross weight in excess of the sum of the allowable axle weights
10 as set forth in this section.
11 [(b)] (c) Location of front axle of semitrailer.--No
12 semitrailer, originally in this Commonwealth on or after
13 September 1, [1973] 1963, and having two or more axles, shall be
14 operated upon a highway unless the foremost axle of the
15 semitrailer is at least 12 feet from the rearmost axle of the
16 towing vehicle.
17 (d) Exceptions.--The limitations of this section do not
18 apply to special mobile equipment or garbage trucks, CEMENT <--
19 MIXERS OR TRUCKS TRANSPORTING EXCAVATED OR LOOSE MATERIALS
20 operated on highways other than the National System of
21 Interstate and Defense Highways.
22 § 4944. Maximum wheel load.
23 No motor vehicle or combination shall, when operated upon a
24 highway, have a weight upon any one wheel in excess of 800
25 pounds for each nominal inch of width of tire on the wheel.
26 § 4945. Penalties for exceeding maximum weights.
27 (a) Gross weight violations.--
28 (1) Any person [operating] driving a vehicle or
29 combination upon a highway exceeding the maximum gross weight
30 allowed by section 4941 (relating to maximum gross weight of
19790H0425B2449 - 174 -
1 vehicles) or the registered gross weight allowed by section
2 4942 (relating to registered gross weight) or a gross weight
3 in excess of the sum of the axle weights allowed by section
4 4943 (relating to maximum axle weight of vehicles), whichever
5 is less, is guilty of a summary offense and shall, upon
6 conviction, be sentenced to pay a fine of $75 plus $75 for
7 each 500 pounds, or part thereof, in excess of 3,000 pounds
8 over the maximum [or] gross weight, the registered gross
9 weight [allowed] or the sum of the allowable axle weights.
10 (2) If the gross weight of any vehicle or combination
11 exceeds 73,280 pounds, the fine imposed under this subsection
12 shall be [double the amount for other weight violations]
13 doubled.
14 (3) If the truck or truck tractor is required to be
15 registered in this Commonwealth and is not so registered, the
16 entire load of the truck or combination shall be considered
17 to be in excess of the registered gross weight. The fine
18 imposed under this paragraph shall be in addition to the fine
19 provided in section 1301 (relating to registration and
20 certificate of title required).
21 * * *
22 § 4946. Impoundment of out of state vehicles for
23 nonpayment of overweight fines.
24 (a) General rule.--Upon imposition of any fine and costs of
25 prosecution imposed pursuant to section 4902 (relating to
26 restrictions on use of highways and bridges) or section 4945
27 (relating to penalties for exceeding maximum weights), the
28 driver of a vehicle registered outside this Commonwealth shall
29 be allowed [24] 12 hours to obtain the funds and pay the fine
30 and costs of prosecution, during which time the vehicle or
19790H0425B2449 - 175 -
1 combination shall be rendered temporarily inoperative by such
2 police officer, sheriff or constable as the issuing authority
3 shall designate. On default of payment within the [24-hour] 12-
4 hour period, the issuing authority shall impound the vehicle or
5 combination and order a police officer to seize them.
6 * * *
7 § 4961. Authority to issue permits.
8 (a) General rule.--The department and local authorities with
9 respect to highways under their respective jurisdictions may,
10 upon application in writing showing good cause, issue special
11 permits in writing authorizing the applicant to operate or move
12 on specified highways any of the following:
13 (1) A vehicle which when unloaded exceeds the maximum
14 size specified in Subchapter B (relating to width, height and
15 length) or the maximum weights specified in Subchapter C
16 (relating to maximum weights of vehicles).
17 (2) A combination carrying a nondivisible load and
18 exceeding the maximum size specified in Subchapter B or the
19 maximum weights specified in Subchapter C.
20 (3) A vehicle containing a nondivisible load which
21 exceeds the maximum [width specified in section 4921(a)
22 (relating to width of vehicles)] size specified in Subchapter
23 B.
24 (4) A mobile home.
25 (b) Limitation for truck tractors.--Permits to exceed the
26 maximum weight limit shall be issued only for truck tractors
27 registered at the maximum weight permitted under section 4941
28 (relating to maximum gross weight of vehicles).
29 (c) County offices for issuing permits.--The department
30 shall empower an authorized representative or employee in each
19790H0425B2449 - 176 -
1 county to issue permits as provided in subsection (a) and shall
2 provide a place within each county where the permits may be
3 issued.
4 § 4962. Conditions of permits and security for damages.
5 * * *
6 (b) [Display of permit] Driver to exhibit permit.--Every
7 permit shall be carried in the towing vehicle and shall be [open
8 to inspection by] exhibited to any police officer or authorized
9 agent of the issuing agency or any person having an accident
10 involving a permitted vehicle or combination.
11 * * *
12 (d) Special escort services.--The department or local
13 authorities shall specify [what] which movements require special
14 escort services of [the Pennsylvania State Police] police or
15 department personnel.
16 * * *
17 § 4963. Exemptions for vehicles used in State highway
18 construction.
19 No special permit shall be required for movement across, upon
20 or along [State or State-aid highways for] any highway in a
21 State highway construction or improvement project of oversize or
22 overweight vehicles of [a] the department or its contractor used
23 [for the construction or improvement of such highways.] in the
24 project.
25 § 4965. Single permits for multiple highway crossings.
26 (a) General rule.--A single permit may be issued for [a
27 number of] movements across the highway at specified locations
28 within a fixed period of time [of vehicles or combinations]:
29 (1) of vehicles, combinations or loads thereon exceeding
30 the maximum size or weight specified in this chapter; or
19790H0425B2449 - 177 -
1 (2) of unregistered vehicles or combinations used to
2 cross a highway to get from one commercial or industrial
3 facility to another commercial or industrial facility under
4 the same operation.
5 (b) Movement along highway prohibited.--Whenever a permit is
6 issued for crossing the highway, it is unlawful to move the
7 vehicles along the highway.
8 § 4966. Permit for movement of quarry or mining equipment.
9 An annual permit may be issued for the movement of a piece of
10 quarry or mining equipment or machinery exceeding the maximum
11 size or weight specified in this chapter across any highway from
12 one part of a quarry or mine to another, or upon the highways
13 connecting by the most direct route any quarries or portions of
14 quarries, or mines or portions of mines, under single ownership
15 or operation, but no permit shall be issued for the movement of
16 equipment or machinery for a distance greater than [one-half
17 mile] five miles.
18 § 4967. Permit for movement of implements of husbandry. <--
19 An annual permit may be issued for the operation or movement
20 between sunrise and sunset of one or more oversized implements
21 of husbandry which do not exceed 14 feet 6 inches in width if
22 the movement is limited to a radius of 25 miles from the
23 [dealer's] owner's place of business [or owner's], home or farm.
24 No permit shall be issued for the movement of any implement of
25 husbandry with a width in excess of eight feet upon a freeway.
26 § 4968. Permit for movement of equipment being manufactured.
27 An annual permit may be issued authorizing the manufacturer
28 of boats, mobile homes, cranes, helicopters, railway equipment
29 and rails or other articles or combinations not normally used on
30 highways to move articles which exceed the maximum height, width
19790H0425B2449 - 178 -
1 or length specified in Subchapter B (relating to width, height
2 and length) or the maximum weight specified in Subchapter C
3 (relating to maximum weights of vehicles) while they are in the
4 course of manufacture and while they are entirely within the
5 control of the manufacturer and not in transit from the
6 manufacturer to a purchaser or dealer. A permit shall not be
7 issued for the movement of articles upon a freeway. Articles not
8 in excess of ten feet in width may be moved up to 50 miles on a
9 permit. Larger articles may be moved no farther than ten miles
10 on a permit.
11 § 4970. Permit for movement of [utility] construction
12 equipment.
13 [A permit] Permits may be issued for the duration of a single
14 construction project, but not exceeding one year, authorizing a
15 government agency or authority or public utility or [its] their
16 contractors or subcontractors to move oversized or overweight
17 construction equipment across or upon highways immediately
18 adjacent to the construction site and between the construction
19 site and the base of operations of the agency, authority,
20 utility company, contractor or subcontractor.
21 § 4971. Permit for operation of chemical and fertilizer <--
22 vehicles.
23 A permit may be issued for a period of 30 consecutive days
24 authorizing the operation in the Commonwealth of any vehicle
25 registered in another state which is used for the transportation
26 and application of chemicals and fertilizer.
27 § 4972. Penalty for violation of subchapter.
28 Any person violating the provisions of this subchapter is
29 guilty of a summary offense and shall, upon conviction, be
30 sentenced to pay a fine of $150. The penalty imposed under this
19790H0425B2449 - 179 -
1 section shall be in addition to any other penalty imposed under
2 this title.
3 § 4981. Weighing and measurement of vehicles.
4 (a) Authority of police officer.--Any police officer is
5 authorized to require the driver of any vehicle or combination
6 to stop and submit the vehicle or combination to be measured and
7 weighed. Weighing may be done by using either portable or
8 stationary scales. The [measurement and] weighing shall be
9 conducted by qualified personnel who have been trained in the
10 use of weighing [and measuring] equipment in a training program
11 approved by the Department of Agriculture. A police officer may
12 require that a vehicle or combination be driven to the nearest
13 stationary scales if the scales are within two miles.
14 (b) Stationary scales on freeways.--The Department of
15 Transportation, in cooperation with the Pennsylvania State
16 Police, shall maintain on freeways at points which it deems
17 necessary stationary scales and other equipment for detecting
18 violations of the size and weight limitations prescribed by this
19 chapter. The department may also contract with local authorities
20 to use their stationary scales.
21 (c) Weighing of wheels or axles.--If a vehicle is weighed in
22 multiple drafts, or if only a single wheel or axle or pair of
23 axles is weighed, a tolerance of [1%] 3% shall be allowed.
24 [(d) Reweighing at request of driver or owner.--Whenever
25 scales operated by other than the department indicate that a
26 vehicle, wheel, axle or pair of axles is overweight, the driver
27 or owner may elect to have the vehicle reweighed on the nearest
28 available official scales which have been sealed by the
29 Department of Agriculture. The lower reading of the two scales
30 shall determine whether charges shall be filed under this
19790H0425B2449 - 180 -
1 section.]
2 (d) Reweighing at request of driver or owner.--
3 (1) Whenever a scale indicates that a vehicle, wheel,
4 axle or pair of axles is overweight, the driver or owner may
5 elect to have the vehicle reweighed on the nearest available
6 stationary scales certified by the Department of Agriculture.
7 The lower reading of the two scales shall determine whether
8 charges shall be filed under this section.
9 (2) Where the driver or owner elects to be reweighed,
10 pursuant to paragraph (1) and the reweighing indicates a
11 weight that would result in a fine the same as or greater
12 than that indicated by the original weighing, an additional
13 fine of $100, or $5 per mile to the public weighmaster's
14 scale, whichever is greater, shall be assessed.
15 (e) Noncompliance by driver.--Upon refusal of a driver to
16 submit a vehicle to weighing under this section, the police
17 officer shall be authorized to take such measures as may be
18 necessary to have the vehicle weighed. Any costs incurred in
19 weighing the vehicle shall be paid by the driver to the person
20 incurring the costs or to the issuing authority for payment to
21 the person incurring the costs.
22 § 4982. Reducing or readjusting loads of vehicles.
23 * * *
24 (c) Load adjustment to avoid prosecution.--If the gross
25 weight of the vehicle or combination does not exceed the maximum
26 allowable gross weight and the weight upon any axle or group of
27 axles is not more than [3%] 5% in excess of the maximum
28 allowable axle weight, the operator shall be allowed four hours
29 to adjust the position of the load so that the weight upon all
30 wheels, tires, axles and groups of axles does not exceed the
19790H0425B2449 - 181 -
1 maximum allowable weights. If the load is so rearranged no
2 arrest shall be made or prosecution brought for violation of
3 Subchapter C (relating to maximum weights of vehicles).
4 * * *
5 § 4983. Penalty for violation of subchapter.
6 Any driver who fails or refuses to comply with the
7 requirements of a police officer given pursuant to this
8 subchapter is guilty of a summary offense and shall, upon
9 conviction, be sentenced to pay a fine of [$100] $1,000.
10 § 6104. Administrative duties of department.
11 (a) Forms.--The department shall prescribe and provide
12 suitable forms of applications, certificates of title,
13 registration cards, drivers' licenses and all other forms
14 requisite or deemed necessary to carry out the provisions of
15 this title, except Chapter 77 (relating to snowmobiles and off-
16 road vehicles), and any other laws the administration of which
17 is vested in the department.
18 * * *
19 § 6105. Department to prescribe [traffic and] engineering
20 [investigations] and traffic studies.
21 The department may establish by regulation the manner in
22 which [traffic and] engineering [investigations] and traffic
23 studies shall be carried out. The department may specify
24 particular actions which require [traffic and] engineering
25 [investigations] and traffic studies. No action shall become
26 effective until the [investigation] study has been properly
27 completed.
28 [§ 6106. Designation of emergency vehicles by Pennsylvania State
29 Police.
30 (a) General rule.--The Pennsylvania State Police may
19790H0425B2449 - 182 -
1 designate any vehicle or group of vehicles as emergency vehicles
2 upon a finding that the designation is necessary to the
3 preservation of life or property or to the execution of
4 emergency governmental functions.
5 (b) Manner and carrying of designation.--The designation
6 shall be in writing and the written designation shall be carried
7 in the vehicle at all times, but failure to carry the written
8 designation shall not affect the status of the vehicle as an
9 emergency vehicle.]
10 § 6109. Specify powers of department and local authorities.
11 (a) Enumeration of police powers.--The provisions of this
12 title shall not be deemed to prevent the department on State-
13 designated highways and local authorities on streets or highways
14 within their physical boundaries from the reasonable exercise of
15 their police powers in any manner not inconsistent with the
16 provisions of this title. The following are presumed to be
17 reasonable exercises of police power:
18 (1) Regulating or prohibiting stopping, standing or
19 parking.
20 (2) Regulating traffic by means of police officers or
21 official traffic-control devices.
22 (3) Regulating or prohibiting processions or assemblages
23 on highways.
24 (4) Designating particular highways or roadways for use
25 by traffic moving in one direction as authorized in section
26 3308 (relating to one-way roadways and rotary traffic
27 islands).
28 (5) Establishing speed limits for vehicles in public
29 parks.
30 (6) Designating any highway as a through highway or
19790H0425B2449 - 183 -
1 designating any intersection or junction of roadways as a
2 stop or yield intersection or junction.
3 (7) Prohibiting or restricting the use of highways at
4 particular places or by particular classes of vehicles
5 whenever the highway or portion of the highway may be
6 seriously damaged by the use or the movement of the vehicles
7 would constitute a safety hazard.
8 (8) Regulating the operation of pedalcycles and
9 requiring their registration and inspection, and the payment
10 of a reasonable registration fee.
11 (9) Regulating or prohibiting the turning of vehicles or
12 specified types of vehicles as authorized in section 3331
13 (relating to required position and method of turning).
14 (10) Altering or establishing speed limits as authorized
15 in Subchapter F of Chapter 33 (relating to speed
16 restrictions).
17 (11) Enforcement of speed restrictions authorized under
18 Subchapter F of Chapter 33, except that speed restrictions
19 may be enforced by local police on a limited access [or
20 divided] highway only if it is patrolled by the local police
21 force under the terms of an agreement with the Pennsylvania
22 State Police.
23 (12) Designating no-passing zones as authorized in
24 section 3307 (relating to no-passing zones).
25 (13) Prohibiting or regulating the use of designated
26 streets by any class or kind of traffic.
27 (14) Establishing minimum speed limits as authorized in
28 section 3364 (relating to minimum speed regulation).
29 (15) Regulating and temporarily prohibiting traffic on
30 streets closed or restricted for use as play highways or for
19790H0425B2449 - 184 -
1 construction, maintenance or special events.
2 (16) Prohibiting pedestrians from crossing a roadway in
3 a business district or any designated highway except in a
4 crosswalk.
5 (17) Restricting pedestrian crossings at unmarked
6 crosswalks.
7 (18) Regulating persons propelling push carts.
8 (19) Regulating persons upon skates, coasters, sleds and
9 other toy vehicles.
10 (20) Adopting and enforcing such [temporary or]
11 experimental regulations on a seasonal or limited time basis,
12 and temporary regulations as [may be] necessary [to cover] in
13 case of emergencies or special conditions.
14 (21) Regulating the operation of streetcars, the passing
15 of streetcars by other vehicles and the driving upon
16 streetcar tracks by other vehicles.
17 (22) Providing for and establishing procedures governing
18 the removal and impounding of any vehicle parked on the
19 highways within the boundaries of the local authority or
20 public property of the local authority in violation of any
21 local ordinance adopted pursuant to the authority of this
22 title or of any of the provisions of this title. However, any
23 procedures adopted under this paragraph shall not be
24 inconsistent with those established by this title.
25 (23) Adopting such other traffic regulations as are
26 specifically authorized by this title.
27 (b) Action by local authorities.--
28 (1) Action taken by local authorities under this section
29 shall be:
30 [(1)] (i) by ordinance of the local governing body;
19790H0425B2449 - 185 -
1 or
2 [(2)] (ii) by order of a commission or public
3 official authorized by charter or ordinance to act on
4 specified matters.
5 (2) The specific locations of traffic-control devices
6 need not be set out in an ordinance or order where specific
7 locations of their placement or removal are authorized by
8 action of the local governing body, commission or public
9 official and an indexed or alphabetical listing of all such
10 locations, with date of official action, is maintained as an
11 official record of the local authority.
12 (3) This subsection does not apply to temporary
13 regulations adopted under subsection (a)(20) for emergencies
14 or special conditions.
15 (c) When traffic-control devices required.--No regulation or
16 ordinance enacted under subsection (a)(1), (4), (5), (6), (7),
17 (9), (10), (11), (12), (13), (14), (15) or (16) [or (21)] shall
18 be effective until official traffic-control devices giving
19 notice of the traffic regulations or ordinances are erected upon
20 or at the entrances to the highway or part thereof affected as
21 may be most appropriate.
22 * * *
23 (e) Engineering and traffic [investigation] study
24 required.--Action by local authorities under this section shall
25 be taken only after completing an engineering and traffic
26 [investigation] study when and in such manner as required by
27 regulations promulgated by the department.
28 § 6112. [Removal of traffic] Traffic hazards [by property
29 owner] on private property.
30 (a) General rule.--No person shall place any lighting device
19790H0425B2449 - 186 -
1 or plant or place any tree, plant, shrub or other obstruction
2 which, by obstructing the view of any driver or in any other
3 manner, constitutes a traffic hazard.
4 [(a) General rule] (b) Removal of hazard.--It is the duty
5 of the owner of real property to remove from the property any
6 lighting device or tree, plant, shrub or other [similar]
7 obstruction, or part thereof, which, by obstructing the view of
8 any driver or in any other manner, constitutes a traffic hazard.
9 [(b)] (c) Notice of hazard.--When the department or any
10 local authority determines on the basis of an engineering and
11 traffic [investigation] study that a traffic hazard exists, it
12 shall [notify], by certified mail, order the owner [and order]
13 to remove the hazard [removed] within ten days.
14 [(c)] (d) Penalty.--The failure of the owner to remove the
15 traffic hazard within ten days after notice under subsection
16 [(b)] (c) is a summary offense and every day the owner fails to
17 remove it shall be a separate and distinct offense. The offense
18 is punishable by a fine of $10.
19 § 6122. Authority to erect traffic-control devices.
20 (a) General rule.--The department on State-designated
21 highways and local authorities on any highway within their
22 boundaries may erect official traffic-control devices, which
23 shall be installed and maintained in conformance with the manual
24 and regulations published by the department upon all highways as
25 required to carry out the provisions of this title or to
26 regulate, restrict, direct, warn, prohibit or guide traffic.
27 (1) Local authorities shall obtain approval of the
28 [department]:
29 (i) Department prior to erecting [an] any official
30 traffic-control device on a State-designated highway
19790H0425B2449 - 187 -
1 except where department regulations provide otherwise.
2 (ii) County prior to erecting any official traffic-
3 control device on a county highway.
4 (2) Local authorities shall obtain approval of the
5 department prior to erecting any traffic signal on a local
6 highway except in a municipality with a traffic engineer
7 qualified in accordance with department regulations.
8 (b) Standards for department approval.--The department shall
9 promulgate rules and regulations setting forth minimum standards
10 and factors to be considered in determining whether approval
11 shall be given by the department for the installation and
12 maintenance of official traffic--control devices. [The factors
13 shall include, but not be limited to, the volume of traffic and
14 the number of accidents that occurred in each of the three
15 preceding years.]
16 (c) Agreements to waive department approval.--The department
17 may enter into agreements with local authorities transferring to
18 them the authority to install official traffic-control devices
19 without specific State approval provided they conduct traffic
20 and engineering investigations which conform with the rules and
21 regulations promulgated by the department.
22 (d) Signals on municipal boundaries.--Whenever the need
23 arises for the installation of a traffic[-control] signal on or
24 near the boundary of two political subdivisions adjoining each
25 other so as to be beneficial to both, either may petition the
26 department for authority to install the signal. If the political
27 subdivisions cannot amicably agree upon an allocation of the
28 costs of installation and maintenance of the signal, either may
29 petition the court of common pleas of the county in which the
30 traffic[-control] signal is to be installed within 90 days after
19790H0425B2449 - 188 -
1 receiving the approval of the department and the court shall
2 determine the proper allocation of the expenses to be incurred.
3 The political subdivision that originated the request to the
4 department shall install the traffic[-control] signal within 90
5 days of the date of the court order or of an amicable agreement
6 between the political subdivisions.
7 (E) COSTS.-- <--
8 (1) THE COST OF ERECTION OF TRAFFIC-CONTROL SIGNALS ON
9 STATE-DESIGNATED HIGHWAYS, AND THE SUBSEQUENT MAINTENANCE OF
10 SUCH SIGNALS, SHALL BE BORNE BY THE COMMONWEALTH.
11 (2) THE COST OF ERECTION OF TRAFFIC-CONTROL SIGNALS AT
12 THE INTERSECTION OF STATE-DESIGNATED HIGHWAYS AND LOCAL ROADS
13 SHALL BE BORNE BY THE COMMONWEALTH AND THE POLITICAL
14 SUBDIVISION HAVING JURISDICTION OVER THE LOCAL ROAD, EACH
15 PAYING ONE-HALF OF SUCH COSTS, BUT THE POLITICAL SUBDIVISION
16 MAY, AT ITS OPTION, PAY MORE THAN ONE-HALF OF THE ERECTION
17 COSTS. ALL SUBSEQUENT MAINTENANCE COSTS OF THESE SIGNALS
18 SHALL BE BORNE BY THE POLITICAL SUBDIVISION.
19 § 6124. Erection of traffic-control devices at intersections.
20 The department on State-designated highways, including
21 intersections with local highways and private roadways, and
22 local authorities on [intersections of] highways under their
23 jurisdiction, including intersections with private roadways, may
24 erect and maintain stop signs, yield signs or other official
25 traffic-control devices to designate through highways or to
26 designate intersections at which vehicular traffic on one or
27 more of the roadways should yield or stop and yield before
28 entering the intersection.
29 § 6128. RESETTING OF TRAFFIC SIGNALS AT NIGHT. <--
30 (A) DEFINITION.--FOR PURPOSES OF THIS SECTION, THE TERM
19790H0425B2449 - 189 -
1 "THROUGH ROAD" MEANS ANY ROADWAY, HIGHWAY OR PORTION THEREOF,
2 WHICH THE DEPARTMENT DETERMINES WARRANTS SPECIAL CONSIDERATION
3 BASED ON TRAFFIC VOLUME, SAFETY OR ANY OTHER RELEVANT FACTORS.
4 (B) TOWNS, BOROUGHS AND TOWNSHIPS.--
5 (1) IN ANY TOWN, BOROUGH OR TOWNSHIP THROUGH WHICH A
6 THROUGH ROAD PASSES THE TRAFFIC SIGNAL LIGHT OR LIGHTS
7 BETWEEN THE HOURS OF 12 MIDNIGHT AND 6 A.M. SHALL BE SET AS
8 FOLLOWS:
9 (I) BLINKING YELLOW FOR THROUGH TRAFFIC ON THE
10 THROUGH ROAD.
11 (II) BLINKING RED FOR TRAFFIC INTERSECTING THE
12 THROUGH ROAD PROVIDED THE INTERSECTING STREET OR STREETS
13 ARE NOT THROUGH ROADS.
14 (2) IF TWO THROUGH ROADS INTERSECT IN A TOWN, BOROUGH OR
15 TOWNSHIP THE TRAFFIC SIGNAL LIGHT OR LIGHTS BETWEEN THE HOURS
16 OF 12 MIDNIGHT AND 6 A.M. SHALL BE SET BLINKING RED FOR
17 TRAFFIC IN BOTH DIRECTIONS. NO TRAFFIC SIGNAL IN ANY TOWN,
18 BOROUGH OR TOWNSHIP SHALL BE RESET IF MORE THAN TWO ROADS
19 INCLUDING AT LEAST ONE THROUGH ROAD INTERSECT THERE.
20 (C) CITIES.--
21 (1) IN ANY CITY THROUGH WHICH A THROUGH ROAD PASSES, THE
22 TRAFFIC SIGNAL LIGHT OR LIGHTS BETWEEN THE HOURS OF 12
23 MIDNIGHT AND 6 A.M. SHALL BE SET AS FOLLOWS:
24 (I) BLINKING YELLOW FOR THROUGH TRAFFIC ON A THROUGH
25 ROAD.
26 (II) BLINKING RED FOR TRAFFIC INTERSECTING THE
27 THROUGH ROAD PROVIDED THE INTERSECTING STREET OR STREETS
28 ARE NOT THROUGH ROADS.
29 (2) NO TRAFFIC SIGNAL IN ANY CITY BETWEEN THE HOURS OF
30 12 MIDNIGHT AND 6 A.M. SHALL BE RESET IF MORE THAN TWO ROADS
19790H0425B2449 - 190 -
1 INCLUDING AT LEAST ONE THROUGH ROAD INTERSECT THERE. IF
2 DOCUMENTED TRAFFIC COUNT AT ANY INTERSECTION IN A CITY
3 BETWEEN 12 MIDNIGHT AND 6 A.M. IS 50% OR MORE OF THE
4 DOCUMENTED TRAFFIC COUNT DURING RUSH HOURS, NO RESETTING OF
5 TRAFFIC SIGNALS SHALL BE PERMITTED.
6 (D) DEPARTMENT MODIFICATIONS.--THE DEPARTMENT MAY, IN VIEW
7 OF SPECIFIC SAFETY OR OTHER RELEVANT FACTORS, MODIFY THE
8 REQUIREMENTS OF THIS SECTION AT ANY PARTICULAR TRAFFIC SIGNAL OR
9 SIGNALS AS LONG AS A WRITTEN RECORD OF SUCH UNUSUAL FACTORS IS
10 MADE AND PRESERVED.
11 § 6301. Prosecutions under local ordinances superseded by
12 title.
13 Except for parking violations, when the same conduct is
14 proscribed under this title and a local ordinance, the charge
15 shall be brought under this title and not under the local
16 ordinance. Prosecutions brought under any local ordinance, rule
17 or regulation, which are based on a violation for which there is
18 a specific penalty provided in this title, except for parking
19 violations, shall be deemed as having been brought under this
20 title and the assessment and disposition of the fines and
21 forfeitures shall be so governed. Local ordinances relating to
22 parking shall prescribe fines for violations and may authorize
23 the payment of penalties in lieu of fines and costs under
24 prescribed conditions except that the fine or penalty shall not
25 exceed $15 for each violation.
26 § 6304. Authority to arrest without warrant.
27 (a) Pennsylvania State Police.--A member of the Pennsylvania
28 State Police who is in uniform may arrest without a warrant any
29 person who violates any provision of this title in the presence
30 of the police officer making the arrest.
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1 (b) Other police officers.--Any police officer who is in
2 uniform may arrest without a warrant for a violation committed
3 in the presence of the police officer any nonresident who
4 violates any provision of this title [in the presence of the
5 police officer making the arrest.] or any other person who
6 violates any of the following provisions of this title:
7 Section 1117 (relating to vehicle destroyed or salvaged)
8 Section 1371 (relating to operation following suspension
9 of registration)
10 Section 1376 (relating to surrender of registration
11 plates and cards upon suspension)
12 Section 1543 (relating to driving while operating
13 privilege is suspended or revoked)
14 Section 1571 (relating to violations concerning licenses)
15 Section 1573 (relating to driving under foreign license
16 during suspension or revocation)
17 Section 1945 (relating to books of permits)
18 Section 3345 (relating to meeting or overtaking school
19 bus)
20 Subchapter B of Chapter 37 (relating to serious traffic
21 offenses)
22 Section 3743 (relating to accidents involving damage to
23 attended vehicle or property)
24 Section 4551 (relating to safety regulations)
25 Section 4730 (relating to violations of use of
26 certificate of inspection)
27 Chapter 49 (relating to size, weight and load)
28 Section 6503 (relating to subsequent convictions of
29 certain offenses)
30 Section 7124 (relating to fraudulent use or removal of
19790H0425B2449 - 192 -
1 registration plate)
2 (c) Other powers preserved.--The powers of arrest conferred
3 by this section are in addition to any other powers of arrest
4 conferred by law.
5 § 6305. Arrest of nonresident.
6 (a) General rule.--Upon arrest of a nonresident for any
7 violation of this title, a police officer shall escort the
8 defendant to the appropriate issuing authority for a hearing,
9 posting of bond or payment of the applicable fine and costs
10 unless the defendant chooses to place the amount of the
11 applicable fine (or the maximum fine in the case of a variable
12 fine) and costs in a stamped envelope addressed to the
13 appropriate issuing authority and mails the envelope in the
14 presence of the police officer.
15 (b) Procedure upon payment by mail.--If the defendant mails
16 the amount of the fine prescribed in subsection (a), the
17 defendant shall indicate on an accompanying form whether the
18 payment constitutes a fine based on a plea of guilty or a bond
19 for a hearing based on a plea of not guilty. If the plea is not
20 guilty, the police officer shall notify the issuing authority by
21 telephone and the issuing authority shall schedule a hearing for
22 the following day (excluding Saturdays, Sundays and legal
23 holidays), unless the defendant requests a continuance, in which
24 case a hearing shall be scheduled to accommodate the defendant,
25 the police officer and the issuing authority.
26 (c) Form of payment.--The amount of the fine and costs may
27 be paid in cash, personal or other check, credit card or
28 guaranteed arrest bond, except that the Administrative Office of
29 Pennsylvania Courts may enlarge or restrict the types of payment
30 which may be made by mail. The Administrative Office of
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1 Pennsylvania Courts shall specify what additional costs shall be
2 assessed the defendant if the defendant elects to pay by credit
3 card.
4 (d) Receipt for payment.--Except as otherwise provided or
5 prescribed by law, the police officer shall give the defendant a
6 receipt for the payment, a copy of which shall be mailed with
7 the payment and a copy retained by the police officer.
8 (e) Exception.--This section does not apply to a nonresident
9 who is covered by a reciprocity agreement between the
10 Commonwealth and their resident state as authorized in
11 Subchapter C of Chapter 61 (relating to reciprocity).
12 § 6306. Costs for summary offenses.
13 [(a) General rule.--] Costs for summary offenses shall be
14 established by general rule pursuant to chapter 17 of Title 42
15 (relating to governance of the system).
16 [(b) Costs of removing vehicle.--(Reserved).]
17 § 6308. Investigation by police [officers] and department
18 employees.
19 (a) Duty of operator or pedestrian.--The operator of any
20 vehicle or any pedestrian [reasonably believed to have violated
21 any provision of this title] shall stop upon request or signal
22 of any uniformed police officer and shall[, upon request,]:
23 (1) exhibit a registration card AND driver's license <--
24 [and proof of insurance,] or other means of identification if <--
25 a pedestrian or driver of a pedalcycle; and [shall write]
26 (2) write their name in the presence of the police
27 officer if so required for the purpose of establishing
28 identity.
29 (B) INSURANCE IDENTIFICATION CARD.-- <--
30 (1) ANY PERSON WHO DRIVES, OR ANY OWNER WHO KNOWINGLY
19790H0425B2449 - 194 -
1 PERMITS THEIR VEHICLE TO BE DRIVEN, UPON ANY HIGHWAY WITHOUT
2 A VALID INSURANCE IDENTIFICATION CARD AS REQUIRED UNDER THE
3 ACT OF JULY 19, 1974 (P.L.489, NO.176), KNOWN AS THE
4 "PENNSYLVANIA NO-FAULT MOTOR VEHICLE INSURANCE ACT," COMMITS
5 A SUMMARY OFFENSE.
6 (2) EVERY INSURANCE IDENTIFICATION CARD SHALL, AT ALL
7 TIMES WHILE THE VEHICLE IS BEING OPERATED UPON A HIGHWAY, BE
8 IN THE POSSESSION OF THE PERSON DRIVING OR IN CONTROL OF THE
9 VEHICLE OR CARRIED IN THE VEHICLE, AND ANY PERSON WHO FAILS
10 TO EXHIBIT SUCH CARD UPON THE DEMAND OF A UNIFORMED POLICE
11 OFFICER COMMITS A SUMMARY OFFENSE.
12 (3) NO PERSON SHALL BE CONVICTED OF VIOLATING THIS
13 SUBSECTION IF THE PERSON PRODUCES AT THE OFFICE OF THE
14 ISSUING AUTHORITY OR AT THE OFFICE OF THE ARRESTING POLICE
15 OFFICER WITHIN FIVE DAYS OF THE VIOLATION, AN INSURANCE
16 IDENTIFICATION CARD VALID IN THE COMMONWEALTH AT THE TIME OF
17 THE VIOLATION.
18 [(b) [Authority of police officer] (C) Examination of <--
19 vehicles.--Any uniformed police officer may stop a vehicle, upon
20 request or signal, for the purpose of inspecting the vehicle as
21 to its equipment and operation, or vehicle identification number
22 or engine number, or to secure such other information as the
23 officer may reasonably believe to be necessary to enforce the
24 provisions of this title. A uniformed police officer may examine
25 a vehicle's load and any related documents in order to determine
26 whether violations of weight restrictions have occurred.
27 [(c)] (D) Inspection of garages and dealer premises.--Any <--
28 police officer or authorized department employee may inspect any
29 vehicle in any public garage or repair shop or on the premises
30 of any dealer, tower, salvor, scrap metal processor, insurer, or
19790H0425B2449 - 195 -
1 other public place of business for the purpose of locating
2 stolen vehicles or parts. The owner of the garage or repair shop
3 or the dealer or other person shall permit any police officer or
4 authorized department employee to make investigations under this
5 subsection.
6 (d) (E) Investigation and audit of issuing agents.--Any <--
7 police officer or authorized department employee may audit and
8 investigate any dealer, manufacturer or other issuing agent of
9 temporary registration cards or plates to determine whether any
10 such person has violated any provision of this title or any
11 regulation promulgated by the department.
12 (e) Production to avoid penalty.--No person charged with <--
13 failure to exhibit proof of insurance as required by subsection
14 (a)(1) shall be convicted if the person produces proof of
15 insurance valid on the date of the request at the office of the
16 issuing authority within five days of the violation.
17 § 6309. Costs for warrants executed by State Police.
18 Whenever a member of the Pennsylvania State Police executes a
19 warrant in connection with an alleged violation of this title,
20 additional costs shall be assessed in an amount equal to the
21 amount a constable would have received had he executed the
22 warrant. Such additional costs collected for the execution of
23 warrants by members of the Pennsylvania State Police shall be
24 transmitted to the State Treasury and shall be credited to the
25 Motor License Fund.
26 § 6322. Reports by issuing authorities.
27 (a) General rule.--Subject to any inconsistent procedures
28 and standards relating to reports and transmission of funds
29 prescribed pursuant to Title 42 (relating to judiciary and
30 judicial procedure):
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1 (1) Following the [fifteenth and last days] last day of
2 each month, every issuing authority shall prepare a
3 statement, upon forms prescribed and furnished by the
4 [department] Commonwealth, of all fines collected, bail
5 forfeited[,] and sentence imposed [and final disposition] for
6 all [cases on violations] convictions of any provisions of
7 this title decided by the issuing authority in the
8 [semimonthly] monthly reporting period just concluded:
9 (i) Cases which have been appealed shall not be
10 included in the report.
11 (ii) Cases which are appealable shall not be
12 included in the report until the appeal period expires.
13 (iii) The statement shall be certified by the
14 issuing authority to be true and correct and shall be
15 forwarded in such number of copies as the Commonwealth
16 determines to the [department] Department of Revenue
17 within [the following week] 15 days, with a copy sent to
18 the police department which filed the charge.
19 (iv) Any fines and bail forfeited payable to the
20 Commonwealth under Subchapter E of Chapter 35 of Title 42
21 (relating to fines, etc.) and copies of the citations or
22 summonses shall accompany the report to the [department.]
23 Department of Revenue which shall transmit the copies of
24 the citations or summonses and a copy of the report to
25 the department.
26 (2) The report shall include the identifying number of
27 the citation, the name and residence address of the party
28 charged, the driver's license number, the registration number
29 of the vehicle involved, a description of the offense, the
30 section and subsection of the statute or ordinance violated,
19790H0425B2449 - 197 -
1 the date of hearing, the plea, the judgment or whether bail
2 was forfeited, [clear and concise reasons supporting the
3 adjudication,] the sentence or amount of forfeiture and such
4 other information as the department may require.
5 * * *
6 § 6323. Reports by courts.
7 Subject to any inconsistent procedures and standards relating
8 to reports and transmission of funds prescribed pursuant to
9 Title 42 (relating to judiciary and judicial procedure):
10 (1) [The] Within ten days following the last day of each
11 month, every clerk of [any] a court of this Commonwealth[,
12 within ten days after] shall send to the Department of
13 Revenue a record of all final [judgment] judgments of
14 conviction or acquittal or other disposition of charges under
15 any of the provisions of this title[, shall send to the
16 department a record of the judgment of conviction, acquittal
17 or other disposition] for the monthly reporting period just
18 concluded. The form and number of copies of the record shall
19 be prescribed by the Commonwealth.
20 (2) A record of the judgment shall also be forwarded to
21 the [department] Department of Revenue upon conviction [or
22 acquittal] of a person of a misdemeanor or felony in the
23 commission of which the judge determines that a motor vehicle
24 was essentially involved.
25 (3) The fines and bail forfeited under any of the
26 provisions of this title payable to the Commonwealth under
27 Subchapter E of Chapter 35 of Title 42 (relating to fines,
28 etc.) shall accompany the record sent to the [department]
29 Department of Revenue which shall transmit a copy of the
30 record to the department
19790H0425B2449 - 198 -
1 § 6327. Inspection of records.
2 The records of the issuing authority, department and each
3 police department required under this subchapter shall be open
4 for inspection by any police officer or authorized employee of
5 the department, the Department of Justice, the Department of
6 Revenue, the Auditor General and the [Court Administrator of the
7 Supreme Court] Administrative Office of Pennsylvania Courts.
8 § 6501. Definition of violation and conviction.
9 (a) General rule.--For the purposes of this title [a]:
10 (1) A violation of a provision of this title includes a
11 violation of a rule or regulation adopted by the department
12 to implement that particular provision of this title.
13 (2) A conviction includes a plea of guilty, a plea of
14 nolo contendere, a finding of guilty by a court or an
15 unvacated forfeiture of bail or collateral deposited to
16 secure a defendant's appearance in court.
17 (b) Payment of fine as guilty plea.--A payment by any person
18 charged with a violation of this title of the fine prescribed
19 for the violation is a plea of guilty.
20 § 6503. Subsequent convictions of certain offenses.
21 [Every person convicted of a] A second or subsequent
22 violation within three years of any of the following provisions
23 shall [be sentenced to pay] constitute a misdemeanor of the
24 third degree punishable by a fine of not less than [$200] $500
25 nor more than $1,000 or [to] imprisonment for not more than one
26 year, or both:
27 Section 1501(a) (relating to drivers required to be
28 licensed).
29 Section 1543 (relating to driving while operating
30 privilege is suspended or revoked).
19790H0425B2449 - 199 -
1 Section 1573 (relating to driving under foreign license
2 during suspension or revocation).
3 Section 3367 (relating to racing on highways).
4 Section 3733 (relating to fleeing or attempting to elude
5 police officer).
6 Section 3734 (relating to driving without lights to avoid
7 identification or arrest).
8 Section 3748 (relating to false reports).
9 § 6504. [Inability to pay] Payment of fine and costs.
10 (a) Order for installment payments.--Upon plea and proof
11 that a person is unable to pay any fine and costs imposed under
12 this title, a court may, in accordance with 18 Pa.C.S. § 1358
13 (relating to fine), order payment of the fine and costs in
14 installments and shall fix the amounts, times and manner of
15 payment.
16 (b) Imprisonment for nonpayment.--Any person who does not
17 pay any fine or costs assessed for a summary conviction under
18 this title which has not been appealed or who does not comply
19 with an order entered under [this section] subsection (a) may be
20 imprisoned for a number of days equal to one day for each $10 of
21 the unpaid balance of the fine and costs.
22 § 7102. Removal or falsification of identification number.
23 (a) Offense defined.--A person who willfully removes or
24 falsifies an identification number of a vehicle, engine,
25 differential or transmission is guilty of a misdemeanor of the
26 [third] second degree.
27 (b) Fraudulent intent.--A person who willfully and with
28 intent to conceal or misrepresent the identity of a vehicle,
29 engine, differential or transmission, removes or falsifies an
30 identification number thereof, is guilty of a misdemeanor of the
19790H0425B2449 - 200 -
1 first degree.
2 [(c) Exception.--This section does not apply to the removal
3 of an identification number from a vehicle for which a
4 certificate of junk has been obtained in accordance with section
5 1117 (relating to vehicle destroyed or junked).]
6 § 7103. Dealing in vehicles with removed or falsified
7 numbers.
8 (a) Offense defined.--A person who buys, receives,
9 possesses, sells or disposes of a vehicle, engine, differential
10 or transmission, knowing that an identification number has been
11 removed or falsified, is guilty of a misdemeanor of the third
12 degree.
13 (b) Knowledge of fraudulent intent.--A person who buys,
14 receives, possesses, sells or disposes of a vehicle, engine,
15 differential or transmission with knowledge that an
16 identification number has been removed or falsified with intent
17 to conceal or misrepresent the identity thereof, is guilty of a
18 [felony of the third degree] misdemeanor of the first degree.
19 (c) Exception.--This section does not apply to the removal
20 of [an] a vehicle identification number plate from a vehicle
21 [for which a certificate of junk has been obtained] in
22 accordance with the requirements of section 1117(a) (relating to
23 vehicle destroyed or [junked] salvaged).
24 § 7105. Seizure of vehicles with removed or falsified
25 numbers.
26 (a) Duty of police.--Every police officer having knowledge
27 of a vehicle on which the [vehicle] identification number of the
28 vehicle, engine, differential or transmission has been removed
29 or falsified shall immediately seize and take possession of the
30 vehicle, engine, differential or transmission and arrest or file
19790H0425B2449 - 201 -
1 a complaint for the arrest of the suspected owner or custodian.
2 In all actions involving seizure or possession of such vehicles,
3 [vehicle] engines, differentials or transmissions identification
4 information shall be transmitted to the Federal or other
5 agencies involved in recovery of stolen vehicles, engines,
6 differential or transmissions.
7 [(b) Proceedings if owner known.--The court, upon petition
8 of the owner or of the person entitled to possession of a seized
9 vehicle may relinquish custody of the vehicle to the person
10 legally entitled to the vehicle upon presentation of proof that
11 a State replacement vehicle identification number plate has been
12 issued by the department under section 7104 (relating to State
13 replacement vehicle identification number plate). Except as
14 otherwise provided in this section, the court shall retain in
15 custody the seized vehicle pending prosecution of the person
16 arrested. In case the person is found guilty, the vehicle shall
17 remain in the custody of the court until the fine and costs of
18 prosecution are paid, except that if 90 days have elapsed after
19 the verdict has been rendered and the fine and costs have not
20 been paid, the court shall proceed to advertise and sell the
21 vehicle in the manner provided by law for the sale of personal
22 property under execution. The proceeds from the sale shall be
23 used to pay the fine and costs of prosecution and the balance,
24 if any, shall be forwarded to the department to be transmitted
25 to the State Treasurer for deposit in the Motor License Fund.]
26 (b) Proceedings if owner known.--
27 (1) Except as provided in paragraph (2), the court shall
28 retain in custody the seized vehicle, engine, differential or
29 transmission pending prosecution of the person arrested. If
30 the person is found guilty, the vehicle shall remain in the
19790H0425B2449 - 202 -
1 custody of the court until the fine and costs of prosecution
2 are paid, except that if 90 days have elapsed after the
3 verdict has been rendered and the fine and costs have not
4 been paid, the court shall advertise and sell the vehicle,
5 engine, differential or transmission in the manner provided
6 by law for the sale of personal property under execution. The
7 proceeds from the sale shall be used to pay the fine and
8 costs of prosecution and the balance, if any, shall be
9 forwarded to the department to be transmitted to the State
10 Treasurer for deposit in the Motor License Fund.
11 (2) The court may relinquish custody of such:
12 (i) a vehicle to a person to whom a State
13 replacement vehicle identification number plate has been
14 issued in accordance with section 7104 (relating to State
15 replacement vehicle identification number plate); or
16 (ii) an engine, differential or transmission to the
17 owner or person entitled thereto.
18 (c) Proceedings if owner unknown.--If ownership of the
19 vehicle, engine, differential or transmission is not established
20 to the satisfaction of the court, the vehicle, engine,
21 differential or transmission shall be confiscated by the court
22 and sold immediately, and the proceeds shall be used to pay the
23 costs of proceedings and the balance, if any, shall be forwarded
24 to the department to be transmitted to the State Treasurer for
25 deposit in the Motor License Fund.
26 § 7113. Reporting stolen and recovered vehicles.
27 (a) Stolen vehicle.--Every police department or police
28 [office] officer, having knowledge of a stolen vehicle, shall
29 immediately furnish the State Police with full information about
30 the stolen vehicle. The State Police shall forward the stolen
19790H0425B2449 - 203 -
1 vehicle information to the department.
2 * * *
3 [§ 7116. Fraudulent removal of vehicle from garage.
4 No person shall remove or cause to be removed, by any false
5 pretension or with intent to defraud, any vehicle that has been
6 placed in a garage or automobile shop for storage, repair or
7 garage service.]
8 § 7121. False application for certificate of title or
9 registration.
10 A person is guilty of a misdemeanor of the [first] second
11 degree if the person uses a false or fictitious name or address
12 or makes a material false statement, or fails to disclose a
13 security interest, or conceals any other material fact in an
14 application for a certificate of title or for registration.
15 § 7122. Altered, forged or counterfeit documents and plates.
16 A person is guilty of a misdemeanor of the [first] second
17 degree if the person, with fraudulent intent:
18 (1) alters, forges or counterfeits a certificate of
19 title, registration card or plate[, inspection certificate]
20 or proof of insurance;
21 (2) alters or forges an assignment of a certificate of
22 title, or an assignment or release of a security interest on
23 a certificate of title or any other document issued or
24 prepared for issue by the department; or
25 (3) has possession of, sells or attempts to sell, uses
26 or displays a certificate of title, registration card or
27 plate, [driver's license, inspection certificate] proof of
28 insurance or any other document issued by the department,
29 knowing it to have been altered, forged or counterfeited.
30 § 7123. Sale or purchase of certificate or other document.
19790H0425B2449 - 204 -
1 [It is unlawful to purchase or sell] A person is guilty of a
2 misdemeanor of the second degree if such person purchases or
3 sells, except as authorized in this title, a certificate or any
4 other document issued by the department. Police officers or
5 department representatives may confiscate the documents when
6 unlawfully possessed or used.
7 § 7301. Authorization of salvors.
8 (a) General rule.--The department shall authorize and shall
9 issue a certificate of authorization to every salvor that
10 complies with the requirements of this chapter and regulations
11 adopted by the department [and is a vehicle salvage dealer as
12 defined in section 1337(c)(2) (relating to use of "Miscellaneous
13 Motor Vehicle Business" registration plates)].
14 (b) Unauthorized operation prohibited.--No person shall
15 operate as a salvor unless authorized.
16 (c) Duty of salvor.--Upon written request of a police
17 department, a salvor shall take possession of and remove to the
18 storage facility of the salvor any abandoned vehicle located
19 within 30 miles of the place of business of the salvor:
20 (1) on private property if the vehicle has value other
21 than for salvage; or
22 (2) on public property.
23 (d) Storage facility.--A salvor may rent or own a storage
24 facility, which shall comply with the act of [December 15, 1971
25 (P.L.596, No.160), known as the "Outdoor Advertising Control Act
26 of 1971," where applicable, and with regulations promulgated by
27 the department.] July 28, 1966 (3rd Sp.Sess., P.L.91, No.4),
28 referred to as the Junkyard and Automotive Recycler Screening
29 Law.
30 § 7302. Certificate of authorization.
19790H0425B2449 - 205 -
1 (a) Application and issuance.--Application for a certificate
2 of authorization shall be made on a form prescribed by the
3 department. The department shall investigate the qualifications
4 and fitness of the applicant and shall issue a certificate of
5 authorization if it determines that the applicant is capable of
6 performing the duties of a salvor in a manner consistent with
7 the public interest.
8 (b) Place of business.--Every applicant shall have and
9 maintain an established place of business. If the applicant has
10 or intends to have one or more places of business or branch
11 offices, the application shall contain complete information for
12 each location.
13 (c) Bonding required.--
14 (1) Before issuing a certificate of authorization, the
15 department shall require the applicant to furnish and
16 maintain a bond indemnifying the public and the department in
17 the amount of $10,000.
18 (2) An individual bond for each place of business is not
19 required, but all places of business shall be covered by the
20 bond.
21 (d) Duration and renewal.--Certificates of authorization
22 shall be issued for a period of one year and shall be subject to
23 annual renewal.
24 § 7304. Reports to department of possession of abandoned
25 vehicles.
26 [Any] (a) General rule.--A salvor [taking] or tower in
27 possession of an abandoned vehicle [pursuant to section 7301(c)
28 (relating to authorization of salvors)] shall within 48 hours
29 [after taking possession] report to the department the make,
30 model, vehicle identification number and registration plate
19790H0425B2449 - 206 -
1 number of the abandoned vehicle, and the name and address of the
2 owner or person who abandoned the vehicle, if known, together
3 with any other information or documents which the department may
4 by regulation require. The report shall include a statement
5 whether the vehicle is valueless except for [junk] salvage.
6 Where the report indicates the vehicle is valueless except for
7 [junk] salvage, the salvor shall include a photograph of the
8 vehicle to be prepared in a manner prescribed by the department.
9 A report by a salvor that a vehicle is valueless except for
10 [junk] salvage shall be verified by the police department which
11 authorized transfer of the vehicle to the salvor.
12 (b) Exception.--If the owner or registrant of an abandoned
13 vehicle reveals their identity to the salvor or tower within the
14 48-hour period, the salvor or tower shall not be required to
15 comply with the provisions of subsection (a).
16 § 7305. Notice to owner and lienholders of abandoned vehicles.
17 (a) General rule.--Except as provided in section 7309
18 (relating to junking of vehicles valueless except for [junk]
19 salvage), the department, upon receipt of notice that an
20 abandoned vehicle has been taken into possession pursuant to
21 this chapter, shall notify by certified mail, return receipt
22 requested, the last known registered owner of the vehicle and
23 all lienholders of record that the vehicle is abandoned.
24 (b) Contents of notice.--The notice shall:
25 (1) Describe the make, model, title number, vehicle
26 identification number and registration plate number of the
27 abandoned vehicle, if known.
28 (2) State the location where the vehicle is being held.
29 (3) Inform the owner and any lienholders of their right
30 to reclaim the vehicle within 30 days after the date of the
19790H0425B2449 - 207 -
1 notice at the place where the vehicle is being held by the
2 salvor or tower, upon payment of all towing and storage
3 charges and the fee authorized in section 7306 (relating to
4 payment of costs upon reclaiming vehicle).
5 (4) State that the failure of the owner or lienholder to
6 reclaim the vehicle is deemed consent by the owner to the
7 destruction, sale or other disposition of the abandoned
8 vehicle and of all lienholders to dissolution of their liens.
9 (c) Notice by publication.--If the identity of the last
10 registered owner and of all lienholders cannot be determined
11 with reasonable certainty, the contents of the notice set forth
12 in subsection (b) shall be published one time in one newspaper
13 of general circulation in the area where the vehicle was
14 abandoned. The notice may contain multiple listings of abandoned
15 vehicles. Notice by publication locally shall be the
16 responsibility of the salvor. The notice shall have the same
17 effect as notice sent by certified mail.
18 § 7306. Payment of costs upon reclaiming vehicle.
19 In the event the owner or lienholder of an abandoned vehicle
20 reclaims the vehicle, the reclaiming party shall pay the costs
21 for towing and storage, plus a fee of [$25 of which $10] $15
22 which shall be transmitted to the department by the salvor or
23 tower.
24 § 7308. Public sale of unclaimed vehicles with value.
25 (a) General rule.--If an abandoned vehicle having value has
26 not been reclaimed as provided in this chapter, the vehicle
27 shall be sold at a public auction.
28 (b) Title of purchaser.--The salvor or tower shall give the
29 purchaser a sales receipt and the purchaser shall apply to the
30 department for a title which shall be free and clear of all
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1 previous liens and claims of ownership.
2 (c) Disposition of proceeds.--From the proceeds of the sale
3 of the abandoned vehicle, the salvor or tower shall be
4 reimbursed for the costs of towing, storage, notice and
5 publication costs and expenses of auction. The remainder of the
6 proceeds of a sale shall be held for the owner of the vehicle or
7 record lienholder for 60 days from the date of sale and if not
8 properly claimed shall then be paid to the department and
9 transmitted to the State Treasurer for deposit in the Motor
10 License Fund.
11 § 7309. Junking of vehicles valueless except for junk
12 salvage.
13 (a) Application for [certificate of junk] vehicle salvage
14 authorization.--If an abandoned vehicle is valueless except for
15 [junk] salvage, the salvor shall note that fact in the report to
16 the department required in section 7304 (relating to reports to
17 department of possession of abandoned vehicles) and shall apply
18 for issuance of a [certificate of junk] vehicle salvage
19 authorization as provided for in section 1117 (relating to
20 vehicle destroyed or [junked] salvaged).
21 (b) Notice and issuance of certificate.--If the identity of
22 the last registered owner cannot be determined with reasonable
23 certainty and it is impossible to determine with reasonable
24 certainty the identity and addresses of any lienholder, no
25 notice shall be required. Under such circumstances, the
26 department shall upon receipt of the report by the salvor
27 pursuant to section 7304 issue a [certificate of junk] vehicle
28 salvage authorization as provided in section 1117.
29 (c) Reimbursement of expenses of salvor or tower.--Upon
30 receipt within six months of evidence that a salvor or tower has
19790H0425B2449 - 209 -
1 removed an abandoned vehicle which is valueless except for
2 salvage upon the request of a police department and applied for
3 authorization to salvage the vehicle, the department shall pay
4 to the salvor or tower from the Motor License Fund the sum of
5 $15 for the expenses incurred in the removal and towing of the
6 abandoned vehicle. No portion of the $15 payment or any separate
7 consideration shall be reimbursed or paid to any government
8 agency or municipalities by the salvor or tower.
9 (d) Rights of owners and lienholders.--Issuance by the
10 department of a [certificate of junk] vehicle salvage
11 authorization for a vehicle [junked] salvaged under this section
12 shall operate as a divestiture of all right, title and interest
13 in the vehicle of the owner and all lienholders.
14 § 7312. Penalty for violation of chapter.
15 (a) Fines and imprisonment.--Any person violating any of the
16 provisions of this chapter is guilty of a summary offense,
17 punishable:
18 (1) For a first offense, by a fine of $100.
19 (2) For a subsequent offense, by a fine of not less than
20 $200 nor more than $500 or imprisonment for not more than 90
21 days, or both.
22 (b) Suspension.--For violation of any of the provisions of
23 this chapter, the salvor or tower shall be subject to suspension
24 of the privilege to receive abandoned vehicles under this
25 chapter.
26 CHAPTER 75 <--
27 MESSENGER SERVICE AND AGENTS FOR
28 TEMPORARY REGISTRATIONS
29 § 7501. AUTHORIZATION OF MESSENGER SERVICE AND AGENTS FOR
30 TEMPORARY REGISTRATIONS.
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1 (A) GENERAL RULE.--
2 (1) THE DEPARTMENT SHALL AUTHORIZE AND SHALL ISSUE A
3 CERTIFICATE OF AUTHORIZATION TO EVERY MESSENGER SERVICE THAT
4 COMPLIES WITH THE REQUIREMENTS OF THIS CHAPTER AND
5 REGULATIONS ADOPTED BY THE DEPARTMENT.
6 (2) THE DEPARTMENT MAY AUTHORIZE AND MAY ISSUE A
7 CERTIFICATE OF AUTHORIZATION AS AN AGENT FOR TEMPORARY
8 REGISTRATIONS (HEREINAFTER REFERRED TO AS "AGENT") TO
9 NOTARIES PUBLIC THAT COMPLY WITH THE REQUIREMENTS OF THIS
10 CHAPTER AND REGULATIONS ADOPTED BY THE DEPARTMENT.
11 (B) UNAUTHORIZED OPERATION PROHIBITED.--NO PERSON SHALL
12 OPERATE A MESSENGER SERVICE NOR ACT AS AN AGENT UNLESS
13 AUTHORIZED.
14 (C) PENALTY.--ANY PERSON OPERATING A MESSENGER SERVICE OR
15 ACTING AS AN AGENT WITHOUT AUTHORIZATION IS GUILTY OF A SUMMARY
16 OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE
17 OF $200.
18 § 7502. Certificate of authorization.
19 (A) APPLICATION AND ISSUANCE.--APPLICATION FOR A CERTIFICATE <--
20 OF AUTHORIZATION SHALL BE MADE ON A FORM PRESCRIBED BY THE
21 DEPARTMENT, ACCOMPANIED BY THE APPLICABLE FEE. THE DEPARTMENT
22 SHALL INVESTIGATE THE QUALIFICATIONS AND FITNESS OF THE
23 APPLICANT AND SHALL ISSUE A CERTIFICATE OF AUTHORIZATION IF IT
24 DETERMINES THAT THE APPLICANT IS CAPABLE OF PERFORMING THE
25 PRESCRIBED DUTIES [OF A MESSENGER SERVICE] IN A MANNER
26 CONSISTENT WITH THE PUBLIC INTEREST AND THE APPLICABLE FEES ARE
27 PAID.
28 * * *
29 (c) Bond required.--[Before issuing a certificate of <--
30 authorization, the department shall require the applicant to
19790H0425B2449 - 211 -
1 furnish] Every messenger service shall provide and maintain a
2 bond indemnifying the public and the department in the amount of
3 $50,000. An individual bond for each place of business is not
4 required, but all places of business shall be covered by the
5 bond.
6 (d) [Commonwealth] Certain officials and employees
7 ineligible.--No Commonwealth or local official or employee of
8 the Commonwealth shall be given authorization to operate as a
9 messenger service OR AN AGENT, nor own, nor be employed by, a <--
10 messenger service OR AN AGENT. <--
11 (e) Duration and renewal.--Certificates of authorization
12 shall be [given] issued for a period of one year and may be
13 renewed annually.
14 § 7505. Transaction of business with department.
15 The department [may] shall designate those locations in
16 Harrisburg, Pittsburgh and Philadelphia and those facilities and
17 hours of operation at which messenger services [may] shall be
18 authorized to transact business with the department. Every
19 messenger service to whom a certificate of authorization has
20 been issued pursuant to this chapter shall be permitted to
21 transact business with the department at the locations and
22 facilities and during the hours of operation designated by the
23 department. The department may prescribe such regulations as may
24 be necessary for the administration of this chapter.
25 CHAPTER 77
26 SNOWMOBILES AND OFF-ROAD VEHICLES
27 * * *
28 § 7701. Short title of chapter.
29 This chapter shall be known and may be cited as the
30 "Snowmobile and Off-road Vehicle Law."
19790H0425B2449 - 212 -
1 § 7702. Definitions.
2 The following words and phrases when used in this chapter
3 shall have, unless the context clearly indicates otherwise, the
4 meanings given to them in this section:
5 * * *
6 "Off-road vehicle."
7 (1) A motor vehicle designed for or capable of cross-
8 country travel on or immediately over land, water, sand,
9 snow, ice, marsh, swampland or other natural terrain,
10 including, but not limited to, multiaxle drive vehicles, low
11 pressure tired vehicles, vehicles using an endless belt tread
12 or treads, vehicles using a combination of tread and low
13 pressure tires, amphibious vehicles and ground effect or air
14 cushion vehicles.
15 (2) The term does not include:
16 (i) A snowmobile.
17 (ii) A military, fire, emergency or law enforcement
18 vehicle when used for emergency purposes.
19 (iii) A vehicle owned and operated by the
20 department.
21 (iv) A motorcycle, motor-driven cycle or motorized
22 pedalcycle.
23 * * *
24 § 7703. Applicability of chapter.
25 (a) Vehicle regulation generally.--Unless the context
26 clearly indicates otherwise, the other provisions of this title
27 do not apply to this chapter.
28 (b) Law enforcement officers.--This chapter does not apply
29 to law enforcement officers while engaged in the performance of
30 their official duties.
19790H0425B2449 - 213 -
1 § 7706. Restricted receipts fund.
2 (a) Deposit and use of moneys.--The department shall deposit
3 all moneys received from the registration of snowmobiles or off-
4 road vehicles, the sale of snowmobile or off-road vehicle
5 registration information, snowmobile or off-road vehicle
6 publications and other services provided by the department, all
7 fines and penalties resulting from violations of this chapter,
8 and all fees collected under this chapter in a restricted
9 receipts fund, from which the department shall draw moneys for
10 use in carrying out the registration, safety education and
11 enforcement requirements of this chapter as well as the
12 establishment, construction and maintenance of trails and any
13 equipment and supplies necessary to carry out the purposes of
14 this chapter. ALL MONEYS IN [SAID] THE FUND NOT HERETOFORE PAID <--
15 INTO THE GENERAL FUND SHALL REMAIN IN [SAID] THE RESTRICTED <--
16 RECEIPTS FUND TO BE USED AS SPECIFIED IN THIS CHAPTER.
17 (b) Audit and lapse of moneys.--The restricted receipts fund <--
18 shall be audited every two years. with any residue appearing in <--
19 the fund at the end of each auditing period to be deposited in
20 the General Fund.
21 § 7711. Registration of dealers.
22 Any person who is in the business of selling snowmobiles or
23 off-road vehicles shall register as a dealer. The department,
24 upon receipt of application and the required fee, shall assign a
25 distinguishing dealer registration number to the registrant and
26 issue appropriate registration certificate to him. Dealer
27 registrations are not transferable.
28 § 7712. Registration of snowmobiles or off-road vehicles.
29 (a) General rule.--Upon application therefor upon a form
30 prescribed and furnished by the department which shall contain a
19790H0425B2449 - 214 -
1 full description of the snowmobile or the off-road vehicle, the
2 actual and bona fide name and address of the owner, proof of
3 ownership and any other information the department may
4 reasonably require, and which shall be accompanied by the
5 required fee, the department shall issue a certificate of
6 registration of a snowmobile or an off-road vehicle and a decal
7 showing the expiration date to the owner.
8 (b) Temporary registration.--Temporary registration for a
9 period not to exceed 45 days may be issued by a registered
10 dealer pursuant to rules and regulations promulgated by the
11 department.
12 (c) Fees.--Fees for registration of snowmobiles or off-road
13 vehicles to be collected by the department under this chapter
14 are as follows:
15 (1) Each individual resident registration for two years,
16 $10.
17 (2) Each individual nonresident registration for two
18 years, $10.
19 (3) Each dealer registration for one year, $25.
20 (4) Replacement of a lost, mutilated or destroyed
21 certificate or decal, $1.
22 (d) Exemptions from fees.--No fee is required for the
23 registration of snowmobiles or off-road vehicles owned by:
24 (1) The Commonwealth.
25 (2) Political subdivisions.
26 (3) Volunteer organizations and used exclusively for
27 emergency purposes.
28 § 7713. Certificates of registration and decals.
29 (a) General rule.--Except as otherwise provided in this
30 chapter, it is unlawful to operate a snowmobile or an off-road
19790H0425B2449 - 215 -
1 vehicle unless a certificate of registration has been issued
2 therefor and unless there is displayed thereon the permanent or
3 temporary registration number and a valid decal.
4 (b) Registration number requirements.--Numbers corresponding
5 to the permanent registration number of the snowmobile or the
6 off-road vehicle, shown on the certificate of registration,
7 shall be obtained by the applicant and affixed to the snowmobile
8 or the off-road vehicle. The permanent registration number
9 displayed on the snowmobile or the off-road vehicle shall be of
10 a color which will contrast with the surface to which applied,
11 shall be reflective and shall be at least three inches high.
12 (c) Display of number and decal.--The decal and the
13 permanent registration number shall be displayed on both sides
14 of the cowling of the snowmobile for which issued. No number
15 other than the number assigned to a snowmobile by the department
16 or the identification number of the registration in another
17 state shall be attached to or displayed on the cowling. The
18 location of the decal and the display of the permanent
19 registration number for any off-road vehicle shall be determined
20 by regulation of the department.
21 (d) Expiration on transfer.--The certificate of registration
22 issued for a snowmobile or an off-road vehicle shall expire and
23 the decal shall become invalid when title to the snowmobile or
24 an off-road vehicle is transferred.
25 (e) Suspension or revocation.--The department may suspend or
26 revoke the certification of registration for a snowmobile or an
27 off-road vehicle upon conviction of the owner of any offense
28 under this chapter.
29 § 7714. Exemptions from registration.
30 No certificate of registration or decal shall be required for
19790H0425B2449 - 216 -
1 a snowmobile or an off-road vehicle:
2 (1) Owned and used by the United States or another
3 state, or a political subdivision thereof, but such
4 snowmobile shall display the name of the owner on the cowling
5 thereof or on a highly visible part of the off-road vehicle.
6 (2) Covered by a valid registration or license of
7 another state, province or country.
8 (3) Owned and operated on lands owned by the owner or
9 operator of the snowmobile or off-road vehicle or on lands to
10 which he has a contractual right other than as a member of a
11 club or association, provided the snowmobile or off-road
12 vehicle is not operated elsewhere within this Commonwealth.
13 § 7715. Reciprocity.
14 The provisions of this chapter relating to certificates of
15 registration and decals shall not apply to nonresident owners
16 who have complied with the registration and licensing laws of
17 the state, province, district or country of residence, provided
18 that the snowmobile or off-road vehicle is appropriately
19 identified in accordance with the laws of the state of
20 residence.
21 § 7716. Central registration file.
22 The department shall maintain a central file of the
23 certificate of registration number, name and address of the
24 owner of each snowmobile or off-road vehicle for which a
25 certificate of registration is issued and such information shall
26 be made available to all enforcement agencies.
27 § 7721. Operation on streets and highways.
28 (a) General rule.--Except as otherwise provided in this
29 chapter, it is unlawful to operate a snowmobile or an off-road
30 vehicle on any street or highway which is not designated and
19790H0425B2449 - 217 -
1 posted as a snowmobile or an off-road vehicle road by the
2 governmental agency having jurisdiction.
3 (b) Emergency and bridge crossings.--A snowmobile or an off-
4 road vehicle may be operated on highways and streets:
5 (1) During periods of emergency when so declared by a
6 policy agency having jurisdiction.
7 (2) When necessary to cross a bridge or culvert.
8 (c) Crossing street or highway.--A snowmobile or an off-road
9 vehicle may make a direct crossing of a street or two-lane
10 highway upon compliance with the following requirements:
11 (1) The crossing is made at an angle of approximately 90
12 degrees to the direction of the highway and at a place where
13 no obstruction prevents a quick and safe crossing.
14 (2) The snowmobile or off-road vehicle is brought to a
15 complete stop before crossing the shoulder or main-traveled
16 way of the highway.
17 (3) The driver yields the right-of-way to all oncoming
18 traffic which constitutes an immediate hazard.
19 (4) In crossing a divided highway, the crossing is made
20 only at an intersection of such highway with another public
21 street or highway.
22 § 7722. Designation of snowmobile or off-road vehicle roads.
23 (a) General rule.--The Department of Transportation on
24 State-designated highways and local authorities on any highway,
25 road or street within its jurisdiction may designate any
26 highway, road or street within its jurisdiction as a snowmobile
27 or an off-road vehicle road and may, in its discretion,
28 determine whether such road shall be closed to vehicular traffic
29 or whether snowmobiles or off-road vehicles may share this
30 designated road with vehicular traffic.
19790H0425B2449 - 218 -
1 (b) Posting notices.--Adequate notices of such designation
2 and determination shall be sufficiently and prominently
3 displayed.
4 (C) LIABILITY.--THERE SHALL BE NO LIABILITY IMPOSED ON THE <--
5 DEPARTMENT OF TRANSPORTATION OR ANY OTHER STATE AGENCY OR ANY
6 POLITICAL SUBDIVISION OF THIS COMMONWEALTH AS A RESULT OF
7 DESIGNATING ANY HIGHWAY, ROAD OR STREET AS A SNOWMOBILE OR ANY
8 OFF-ROAD VEHICLE ROAD AS PROVIDED IN SUBSECTION (A).
9 § 7723. Special snowmobile or off-road vehicle events.
10 (a) General rule.--Snowmobiles or off-road vehicles may be
11 operated on highways and streets for special snowmobile or off-
12 road vehicle events of limited duration which are conducted
13 according to a prearranged schedule under permit from the
14 governmental agency having jurisdiction.
15 (b) Authority of local authorities.--A local authority may
16 block off highways and streets within its jurisdiction for the
17 purpose of allowing snowmobile or off-road vehicle races,
18 rallies or derbies. No State trunk highway or connecting street,
19 or part thereof, shall be blocked off by any local authority for
20 any snowmobile or off-road vehicle race, rally or derby.
21 (c) Notification and duty of police.--A local authority
22 shall notify the local police department and the county
23 sheriff's office at least one week in advance of the time and
24 place of any snowmobile or off-road vehicle race, rally or derby
25 which may result in any highway or street, or part thereof,
26 being blocked off. Upon such notice, the local police department
27 shall take such measures as it deems appropriate to protect
28 persons and property and to regulate traffic in the designated
29 area and its vicinity on the day of such race, rally or derby.
30 (d) Liability of local authorities.--A local authority shall <--
19790H0425B2449 - 219 -
1 not be responsible for any injury suffered by anyone in
2 connection with, or arising out of, any snowmobile or off-road
3 vehicle race, rally or derby unless the injury is caused by the
4 negligence of the local authority.
5 § 7724. Operation on private or State property.
6 (a) Private property.--No person shall operate a snowmobile
7 or an off-road vehicle on private property without the consent
8 of the owner of or lessor thereof. Any person operating a
9 snowmobile or an off-road vehicle upon lands of another shall
10 stop and identify himself upon the request of the landowner or
11 his duly authorized representatives and, if requested to do so
12 by the landowner, shall promptly remove the snowmobile or the
13 off-road vehicle from the premises.
14 (b) State property.--No person shall operate a snowmobile or
15 an off-road vehicle on State-owned property except on clearly
16 marked and previously designated snowmobile or off-road vehicle
17 routes. The department may designate any road within a State
18 Park or State Forest over which the department has jurisdiction
19 as a snowmobile or off-road vehicle road and may, in its
20 discretion, determine whether the road shall be closed to
21 vehicular traffic or whether snowmobiles or off-road vehicles
22 may share the designated road with vehicular traffic. Adequate
23 notices of such designation and determination shall be
24 sufficiently and prominently displayed.
25 § 7725. Operation by persons under age sixteen.
26 (a) Snowmobile or off-road vehicle safety certification.--
27 Except as otherwise provided in this section, no person ten
28 years of age and over who has not reached 16 years of age shall
29 operate a snowmobile or an off-road vehicle in this
30 Commonwealth, except upon lands of his parent or guardian,
19790H0425B2449 - 220 -
1 unless and until he has received safety training as prescribed
2 by the department and has received the appropriate snowmobile or
3 off-road vehicle safety certificate issued by the department.
4 The department may authorize sanctioned snowmobile or off-road
5 vehicle clubs to act as agents in conducting classes and
6 examinations and issuing snowmobile or off-road vehicle safety
7 certificates in the name of the department.
8 (b) Failure to exhibit certificate.--The failure of an
9 operator to exhibit a snowmobile or off-road vehicle safety
10 certificate upon demand to any police officer having authority
11 to enforce the provisions of this chapter shall be presumptive
12 evidence that such person is not the holder of such certificate.
13 (c) Permitting unauthorized operation.--No owner of a
14 snowmobile or off-road vehicle shall authorize or permit the
15 operation thereof within this Commonwealth by any person under
16 the age of 16 years unless the operator is the holder of a valid
17 snowmobile or off-road vehicle safety certificate or except as
18 authorized by subsection (a).
19 (d) Limitations on operation.--No person:
20 (1) Under the age of 16 years shall drive a snowmobile
21 or off-road vehicle across any highway or connecting street
22 thereto.
23 (2) Under the age of ten years shall operate a
24 snowmobile or an off-road vehicle without the knowledge and
25 express consent of the landowner unless he is accompanied by
26 a person over 18 years of age or a person over 14 years of
27 age who holds a snowmobile or an off-road vehicle safety
28 certificate.
29 § 7726. Operation in safe manner.
30 (a) General rule.--No person shall operate a snowmobile or
19790H0425B2449 - 221 -
1 an off-road vehicle in any of the following ways:
2 (1) At a rate of speed that is unreasonable or improper
3 under existing conditions.
4 (2) In any careless way so as to endanger the person or
5 property of another.
6 (3) While under the influence of alcohol or any
7 controlled substance.
8 (b) Permitting unsafe operation.--No owner or other person
9 having charge or control of a snowmobile or an off-road vehicle
10 shall knowingly authorize or permit the operation of the
11 snowmobile or the off-road vehicle by any person who is
12 incapable to do so by reason of age, physical or mental
13 disability, or who is under the influence of alcohol or any
14 controlled substance.
15 § 7727. Additional limitations on operation.
16 Except as otherwise permitted under the act of June 3, 1937
17 (P.L.1225, No.316), known as "The Game Law," no person shall:
18 (1) Operate or ride in any snowmobile or any off-road
19 vehicle with any bow and arrows or with any firearm in his
20 possession unless it is unloaded.
21 (2) Drive or pursue any wildlife with a snowmobile or an
22 off-road vehicle.
23 § 7728. Accidents and accident reports.
24 (a) Duty to stop and provide information.--Whenever any
25 snowmobile or any off-road vehicle is involved in an accident
26 resulting in loss of life, personal injury or damage to property
27 and the operator thereof has knowledge of such accident, he
28 shall stop and give his name and address, the name and address
29 of the owner thereof and the registration number of the
30 snowmobile or the off-road vehicle to the injured person or the
19790H0425B2449 - 222 -
1 person sustaining the damage or to a police officer. In case no
2 police officer nor the person sustaining the damage is present
3 at the place where the damage occurred, then the operator shall
4 immediately report, as soon as he is physically able, the
5 accident to the nearest law enforcement agency.
6 (b) Report of accident to department.--The operator of any
7 snowmobile or any off-road vehicle involved in any accident
8 resulting in injuries to or death of any person or resulting in
9 property damage to the estimated amount of $100 or more shall,
10 within seven days after such accident, report the matter in
11 writing to the department. If the operator is physically
12 incapable of making the report and there is another participant
13 in the accident not so incapacitated, the participant shall make
14 the report within the prescribed period of time after the
15 accident. In the event that there is no other participant and
16 the operator is other than the owner, then the owner shall
17 within the prescribed period of time, after learning of the
18 facts of such accident, report the matter to the department,
19 together with such information as may have come to his knowledge
20 relating to such accident. Every operator or owner of a
21 snowmobile or an off-road vehicle in an accident, or surviving
22 participant of any such accident, shall make such other and
23 additional reports as the department shall require.
24 (c) Report by law enforcement officer.--A law enforcement
25 officer who investigates or receives information of an accident
26 involving a snowmobile or an off-road vehicle shall make a
27 written report of the investigation or information received, and
28 such additional facts relating to the accident as may come to
29 his knowledge, and mail the same within 48 hours to the
30 department and keep a record thereof in his office.
19790H0425B2449 - 223 -
1 (d) Exception.--This section does not apply when property
2 damage is sustained in sanctioned snowmobile or off-road vehicle
3 races, derbies and rallies.
4 § 7729. Liability of owner for negligence.
5 (a) General rule.--Negligence in the use or operation of a
6 snowmobile or an off-road vehicle is attributable to the owner.
7 Every owner of a snowmobile or an off-road vehicle used or
8 operated in this Commonwealth shall be liable and responsible
9 for death or injury to person or damage to property resulting
10 from negligence in the use or operation of such snowmobile or
11 off-road vehicle by any person using or operating the snowmobile
12 or the off-road vehicle with the permission, express or implied,
13 of such owner.
14 (b) Exception.--The negligence of the operator shall not be
15 attributed to the owner as to any claim or cause of action
16 accruing to the operator or his legal representative for such
17 injuries or death.
18 § 7741. Head lamps and tail lamps.
19 (a) Time of operation.--Every snowmobile or off-road vehicle
20 operated during hours of darkness shall display a lighted head
21 lamp and tail lamp. The lights shall be in operation during the
22 period of from one-half hour after sunset to one-half hour
23 before sunrise and at any time when, due to insufficient light
24 or unfavorable atmospheric conditions caused by fog or
25 otherwise, other persons, vehicles and other objects are not
26 clearly discernible for a distance of 500 feet ahead.
27 (b) Head lamp requirements.--The head lamp shall display
28 white light of sufficient illuminating power to reveal any
29 person, vehicle or substantial object at a distance of 100 feet
30 ahead.
19790H0425B2449 - 224 -
1 (1) If the snowmobile or the off-road vehicle is
2 equipped with a multiple beam head lamp, the upper beam shall
3 meet the minimum requirements set forth in this section and
4 the lowermost beam shall be so aimed and of sufficient
5 intensity to reveal persons and vehicles at a distance of at
6 least 50 feet ahead.
7 (2) If the snowmobile or the off-road vehicle is
8 equipped with a single beam head lamp, the lamp shall be so
9 aimed that when the vehicle is loaded none of the high
10 intensity portion of the light, at a distance of 75 feet
11 ahead, projects higher than the level of the center of the
12 lamp from which it comes.
13 (c) Tail lamp requirements.--The tail lamp shall display a
14 red light plainly visible during darkness from a distance of 500
15 feet.
16 § 7742. Brakes.
17 It is unlawful to operate a snowmobile or an off-road vehicle
18 which is not equipped with at least one brake of a design
19 approved by the department operated either by hand or by foot.
20 Snowmobile brakes shall be capable of bringing the snowmobile to
21 a stop, under normal conditions, within 40 feet when traveling
22 at a speed of 20 miles per hour with a 150 pound driver and on
23 hard packed snow, or locking its traction belt or belts. The
24 design shall permit simple and easy adjustment to compensate for
25 wear.
26 § 7743. Mufflers and noise control.
27 (a) General rule.--It is unlawful to operate a snowmobile or
28 an off-road vehicle which is not equipped at all times with a
29 muffler in good working order which blends the exhaust noise
30 into the overall snowmobile or off-road vehicle noise and is in
19790H0425B2449 - 225 -
1 constant operation to prevent excessive or unusual noise. The
2 exhaust system shall not emit or produce a sharp popping or
3 crackling sound. The sound intensity produced by a snowmobile
4 shall not exceed 82dbA when measured in accordance with SAE
5 Recommended Practice J 192 Exterior Sound Level for Snowmobiles,
6 as amended. The department may by regulation adopt more
7 stringent noise requirements.
8 (b) Modified mufflers prohibited.--It is unlawful to modify
9 a muffler or to operate a snowmobile or an off-road vehicle with
10 a modified muffler.
11 (c) Exception.--This section does not apply to organized
12 races or similar competitive events.
13 § 7751. Enforcement personnel and procedures.
14 (a) Duty of enforcement.--Every law enforcement officer in
15 this Commonwealth and designated officers and employees of the
16 department shall enforce the provisions of this chapter.
17 (b) Forms and procedures.--The department may prescribe the
18 form of summons or complaint, or both, in all cases involving a
19 violation of any provision of this chapter or of any ordinance,
20 rule or regulation relating to snowmobiles or to off-road
21 vehicles, or of any class or category of such cases, and may
22 establish procedures for proper administrative controls over the
23 disposition thereof.
24 (c) Records and reports.--The chief executive officer of
25 each local police force, sheriffs and the Commissioner of the
26 Pennsylvania State Police shall prepare or cause to be prepared
27 such records and reports as may be prescribed under this
28 section.
29 (d) Rules and regulations.--The department may promulgate
30 such rules and regulations as may be deemed necessary to
19790H0425B2449 - 226 -
1 accomplish the purposes and enforce the provisions of this
2 section including requirements for reporting by trial courts
3 having jurisdiction over snowmobile or off-road vehicle
4 violations.
5 § 7752. Penalties for violation of chapter.
6 (a) General rule.--Except as provided in subsection (b), any
7 person violating any of the provisions of this chapter is guilty
8 of a summary offense and shall, upon conviction:
9 (1) For a first offense, be sentenced to pay a fine of
10 not less than $10 nor more than $50 and costs of prosecution
11 and, in default of the payment thereof, shall undergo
12 imprisonment for not more than ten days.
13 (2) For a second offense, be sentenced to pay a fine of
14 not less than $25 nor more than $100 and costs of prosecution
15 and, in default of the payment thereof, shall undergo
16 imprisonment for not more than 30 days.
17 (b) Unauthorized disposition of forms.--Any person who
18 disposes of any uniform snowmobile or off-road vehicle summons
19 or complaint in any other manner than that prescribed by law,
20 rule or regulation is guilty of a misdemeanor of the third
21 degree.
22 Section 2. Sections 3571(b) and (c) 3573(b) and 5553(e) of
23 Title 42 are amended to read:
24 § 3571. Commonwealth portion of fines, etc.
25 * * *
26 (b) Vehicle offenses.--
27 (1) All fines forfeited, recognizances and other
28 forfeitures imposed, lost or forfeited in connection with
29 matters arising under Chapter 77 of Title 75 (relating to
30 snowmobiles and off-road vehicles) shall be payable to the
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1 Commonwealth.
2 (2) When prosecution under any other provision of Title
3 75 (relating to vehicles) is the result of State Police
4 action, all fines forfeited, recognizances and other
5 forfeitures imposed, lost or forfeited shall be payable to
6 the Commonwealth, for credit to the Motor License Fund. One-
7 half of the revenue shall be paid to municipalities in the
8 same ratio provided in section 4 of the act of June 1, 1956
9 (P.L.1944, No.655), relating to partial allocation of liquid
10 fuels and fuel use tax proceeds.
11 (3) [When] Except as otherwise provided in section
12 3573(b)(1) (relating to municipal corporation portion of
13 fines, etc.), when prosecution under any other provision of
14 Title 75 is the result of local police action, one-half of
15 all fines forfeited, recognizances and other forfeitures
16 imposed, lost or forfeited shall be payable to the
17 Commonwealth, for credit to the Motor License Fund.
18 (c) Costs in district justice proceedings.--Costs collected
19 by a district justice shall be payable to the Commonwealth in
20 the following amounts:
21 (1) Summary conviction (other than those under
22 Title 75)................................... $ 5.00
23 (2) Misdemeanor ................................ $ 7.00
24 (3) Felony ..................................... $ 8.00
25 (4) Assumpsit or trespass involving:
26 (i) $100 or less ........................... $ 2.50
27 (ii) More than $100 but not more than $300 . $ 5.00
28 (iii) More than $300 but not more than
29 $500 ................................. $ 7.50
30 (iv) More than $500 ........................ $10.00
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1 (5) Landlord-tenant proceeding ................. $10.00
2 (6) Order of execution ......................... $10.00
3 (7) Issuing a search warrant ................... $ 7.00
4 * * *
5 § 3573. Municipal corporation portion of fines, etc.
6 * * *
7 (b) Vehicle offenses.--
8 (1) When prosecution under the provisions of Title 75
9 (relating to vehicles) for parking is the result of local
10 police action, all fines forfeited, recognizances and other
11 forfeitures imposed, lost or forfeited shall be payable to
12 the municipal corporation under which the local police are
13 organized.
14 (2) When prosecution under any other provision of Title
15 75 (except Chapter 77 (relating to snowmobiles and off-road
16 vehicles)) is the result of local police action, one-half of
17 all fines forfeited, recognizances and other forfeitures
18 imposed, lost or forfeited shall be payable to the municipal
19 corporation under which the local police are organized.
20 * * *
21 § 5553. Summary offenses involving vehicles.
22 * * *
23 (e) Disposition of proceedings within two years.--No
24 proceedings shall be held or action taken by the district
25 justice pursuant to a summary offense under Title 75 subsequent
26 to two years after the commission of the offense. Any such
27 summary offense not concluded by a plea or finding within such
28 two-year period from the commission of the offense shall be
29 vacated and no further action taken thereon.
30 Section 3. Transition provisions.
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1 (a) Engineering and traffic studies.--Engineering and
2 traffic studies under the pertinent provisions of Title 75 of
3 the Pennsylvania Consolidated Statutes (relating to vehicles)
4 will not be required for traffic restrictions in effect and duly
5 posted or erected on the effective date of this act if the
6 Department of Transportation or local authorities have on file
7 evidence that the traffic restrictions were so posted or
8 erected, except that engineering and traffic studies will be
9 required within five years of the effective date of this act in
10 order to validate the following types of traffic restrictions on
11 State-designated highways:
12 No-passing zones as provided for in section 3307
13 (relating to no-passing zones) on two lane, two-way highways.
14 Angle parking as provided for in section 3354(c)
15 (relating to additional parking regulations).
16 Any maximum speed as provided for in section 3363
17 (relating to alteration of maximum limits) of less than 35
18 miles per hour.
19 (b) Registration of vehicles.-- <--
20 (1) Staggered registration renewal system.--The
21 requirement for a system of staggered registration renewal
22 provided for in 75 Pa.C.S. § 1307 (relating to period of
23 registration) as added by the act of July 17, 1976 (P.L.162,
24 No.81) shall be implemented no later than July 1, 1980.
25 (2) (B) Proration of registration fees.-- <--
26 (i) (1) When registration of a vehicle is applied <--
27 for after the beginning of the seventh month of the
28 registration year but before the beginning of the tenth
29 month of the registration year, the fee for registration
30 of a vehicle shall be one-half the annual fee.
19790H0425B2449 - 230 -
1 (ii) (2) When the registration is applied for after <--
2 the beginning of the tenth month of the registration
3 year, the fee for registration of a vehicle shall be one-
4 fourth the annual fee.
5 (iii) (3) When registration of a vehicle for a full <--
6 year is applied for during the 15 days preceding the
7 beginning of the registration year, no additional charge
8 shall be made for registering the vehicle for the balance
9 of the preceding year.
10 (iv) (4) The provisions of this paragraph shall <--
11 expire when the Department of Transportation implements a
12 staggered registration system.
13 (3) Vehicles first required to be registered.--Vehicles <--
14 of a type required for the first time to be registered under
15 Title 75 of the Pennsylvania Consolidated Statutes shall not
16 be required to be registered until the next registration
17 year.
18 (c) Drivers' licenses.--
19 (1) Exemption from examination.--At the time of the
20 first renewal after July 1, 1977, a driver holding a valid
21 driver's license issued by the Department of Transportation
22 may have the renewed driver's license endorsed for Class 2 or
23 3 vehicles based on self certification of experience in
24 driving such vehicles without undergoing an examination.
25 (2) Color photograph.--The requirement for a color
26 photograph on an identification card and driver's license
27 provided for in 75 Pa.C.S. § 1510 (relating to issuance and
28 content of driver's license) as added by the act of June 17,
29 1976 (P.L.162, No.81), shall be implemented no later than
30 July 1, 1980.
19790H0425B2449 - 231 -
1 (3) (C) Revocations and suspensions.-- <--
2 (i) (1) A person whose driver's license was revoked <--
3 for violation of the former provisions of section 1037
4 (relating to driving under the influence of liquor or
5 drugs) of the act of April 29, 1959 (P.L.58, No.32),
6 known as "The Vehicle Code," upon notifying the
7 Department of Transportation of such revocation, shall be
8 entitled to a reinstatement of the revoked driver's
9 license upon the expiration of six months from the
10 commencement of the period of revocation and upon
11 compliance with requirements applicable to the
12 reinstatement of revoked licenses.
13 (ii) (2) Notwithstanding the provisions of 75 <--
14 Pa.C.S. § 1543(b)(3) (relating to extending existing
15 suspension or revocation), the department, upon receiving
16 a certified record of the conviction of any person upon a
17 charge of driving a vehicle while the operating privilege
18 was revoked for one year under the former provisions of
19 section 616(a) (relating to revocation of operating
20 privilege) of "The Vehicle Code" of 1959 or revoked for
21 six months or one year under Title 75 of the Pennsylvania
22 Consolidated Statutes prior to the effective date of this
23 act, shall suspend such operating privilege for an
24 additional like period.
25 Section 4. Validation of prior actions.
26 Any person required to take or prohibited from taking any
27 action under the provisions of Title 75 of the Pennsylvania
28 Consolidated Statutes (relating to vehicles) between July 1,
29 1977 and the effective date of this act shall be deemed to have
30 complied with the law if the action taken or not taken is in
19790H0425B2449 - 232 -
1 conformity with the applicable provisions as changed or added by
2 this act.
3 Section 5. Repeals.
4 Section 2(f), (g) and (h) AND SECTION 8(G)(3), act of June <--
5 17, 1976 (P.L.162, No.81), entitled "An act amending Title 75
6 (Vehicles) of the Pennsylvania Consolidated Statutes, adding
7 revised, compiled and codified provisions relating to vehicles
8 and pedestrians," is ARE hereby repealed. <--
9 The act of July 25, 1977 (P.L.95, No.35), known as the
10 "Mobile Home Titling Act," is hereby repealed insofar as
11 inconsistent with this act.
12 Section 6. Effective date. <--
13 (a) General rule.--Except as provided in subsection (b),
14 this act shall take effect in 60 days.
15 (b) Effective in 90 days.--The following provisions of Title
16 75 of the Pennsylvania Consolidated Statutes (relating to
17 vehicles), insofar as affected by this act, shall take effect in
18 90 days:
19 Section 1514 (relating to expiration and renewal of
20 drivers' licenses).
21 Section 1519 (relating to determination of incompetency).
22 Section 1532 (relating to suspension or revocation of
23 operating privilege).
24 Section 1535 (relating to schedule of convictions and
25 points).
26 Section 1538 (relating to school, examination or hearing
27 on accumulation of points or excessive speeding).
28 Section 1539 (relating to suspension of operating
29 privilege on accumulation of points).
30 Section 1542 (relating to revocation of habitual
19790H0425B2449 - 233 -
1 offender's license).
2 Section 1543 (relating to driving while operating
3 privilege is suspended or revoked).
4 Section 1545 (relating to restoration of operating
5 privilege).
6 Section 1551 (relating to notice of department action).
7 Section 1572 (relating to cancellation and suspension of
8 operating privilege).
9 SECTION 6. EFFECTIVE DATE. <--
10 THE PROVISIONS OF THIS AMENDATORY ACT SHALL TAKE EFFECT AS
11 FOLLOWS:
12 (1) (I) THE PROVISIONS OF SECTION 1 OF THIS AMENDATORY
13 ACT SHALL TAKE EFFECT IN 60 DAYS EXCEPT AS PROVIDED IN
14 SUBPARAGRAPHS (II) AND (III).
15 (II) THE FOLLOWING PROVISIONS OF TITLE 75 OF THE
16 PENNSYLVANIA CONSOLIDATED STATUTES (RELATING TO VEHICLES)
17 INSOFAR AS THEY ARE AFFECTED BY SECTION 1 OF THIS
18 AMENDATORY ACT, SHALL TAKE EFFECT IMMEDIATELY:
19 SECTION 1302 (RELATING TO VEHICLES EXEMPT FROM
20 REGISTRATION).
21 SECTION 1304 (RELATING TO REGISTRATION CRITERIA).
22 SECTION 1501(C) (RELATING TO DRIVERS REQUIRED TO
23 BE LICENSED).
24 SECTION 1504(D) (RELATING TO CLASSES OF
25 LICENSES).
26 SECTION 1505 (RELATING TO LEARNERS' PERMITS).
27 SECTION 1509 (RELATING TO QUALIFICATIONS FOR
28 SCHOOL BUS DRIVER'S LICENSE).
29 SECTION 1515 (RELATING TO NOTICE OF CHANGE OF
30 NAME OR ADDRESS).
19790H0425B2449 - 234 -
1 SECTION 1518 (RELATING TO REPORTS ON MENTAL OR
2 PHYSICAL DISABILITIES OR DISORDERS).
3 SECTION 1747 (RELATING TO PROVIDING FINANCIAL
4 RESPONSIBILITY).
5 SECTION 1944 (RELATING TO PERMITS FOR OTHER
6 VEHICLES AND EQUIPMENT).
7 SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED
8 PERSONS DIRECTING TRAFFIC).
9 SECTION 3105 (RELATING TO DRIVERS OF EMERGENCY
10 VEHICLES).
11 SECTION 3112 (RELATING TO TRAFFIC-CONTROL
12 SIGNALS).
13 SECTION 3307(B) (RELATING TO NO-PASSING ZONES).
14 SECTION 3314 (RELATING TO PROHIBITING USE OF
15 HEARING IMPAIRMENT DEVICES).
16 SECTION 3323 (RELATING TO STOP SIGNS AND YIELD
17 SIGNS).
18 SECTION 3332 (RELATING TO LIMITATIONS ON TURNING
19 AROUND).
20 SECTION 3504 (RELATING TO RIDING ON PEDALCYCLES).
21 SECTION 3507(B) (RELATING TO LAMPS AND OTHER
22 EQUIPMENT ON PEDALCYCLES).
23 SECTION 3522 (RELATING TO RIDING ON MOTORCYCLES).
24 SECTION 3525 (RELATING TO PROTECTIVE EQUIPMENT
25 FOR MOTORCYCLE RIDERS).
26 SECTION 3541 (RELATING TO OBEDIENCE OF
27 PEDESTRIANS TO TRAFFIC-CONTROL PERSONNEL AND
28 SIGNALS).
29 SECTION 3543 (RELATING TO PEDESTRIANS CROSSING AT
30 OTHER THAN CROSSWALKS).
19790H0425B2449 - 235 -
1 SECTION 3550 (RELATING TO PEDESTRIANS UNDER
2 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE).
3 SECTION 3711 (RELATING TO UNAUTHORIZED PERSONS
4 AND DEVICES HANGING ON VEHICLES).
5 SECTION 4103 (RELATING TO PROMULGATION OF VEHICLE
6 EQUIPMENT STANDARDS).
7 SECTION 4107 (RELATING TO UNLAWFUL ACTIVITIES).
8 SECTION 4303 (RELATING TO GENERAL LIGHTING
9 REQUIREMENTS).
10 SECTION 4502 (RELATING TO GENERAL REQUIREMENTS
11 FOR BRAKING SYSTEMS).
12 SECTION 4524 (RELATING TO WINDSHIELD OBSTRUCTIONS
13 AND WIPERS).
14 SECTION 4530 (RELATING TO PORTABLE EMERGENCY
15 WARNING DEVICES).
16 SECTION 4534 (RELATING TO REARVIEW MIRRORS).
17 SECTION 4535 (RELATING TO AUDIBLE WARNING
18 DEVICES).
19 SECTION 4571 (RELATING TO VISUAL AND AUDIBLE
20 SIGNALS ON EMERGENCY VEHICLES).
21 SECTION 4572 (RELATING TO VISUAL SIGNALS ON
22 AUTHORIZED VEHICLES).
23 SECTION 4702 (RELATING TO PERIODIC INSPECTION OF
24 VEHICLES).
25 SECTION 4703 (RELATING TO OPERATION OF VEHICLE
26 WITHOUT OFFICIAL CERTIFICATE OF INSPECTION).
27 SECTION 4727(A) (RELATING TO ISSUANCE OF
28 CERTIFICATE OF INSPECTION).
29 SECTION 4729 (RELATING TO REMOVAL OF CERTIFICATE
30 OF INSPECTION).
19790H0425B2449 - 236 -
1 SECTION 4901(C) (RELATING TO SCOPE AND
2 APPLICATION OF CHAPTER).
3 SECTION 4902 (RELATING TO RESTRICTIONS ON USE OF
4 HIGHWAYS AND BRIDGES).
5 SECTION 4903 (RELATING TO SECURING LOADS IN
6 VEHICLES).
7 SECTION 4904(C) AND (D) (RELATING TO LIMITS ON
8 NUMBER OF TOWED VEHICLES).
9 SECTION 4921(C), (D), (E) AND (F) (RELATING TO
10 WIDTH OF VEHICLES).
11 SECTION 4923 (RELATING TO LENGTH OF VEHICLES).
12 SECTION 4924 (RELATING TO LIMITATIONS ON LENGTH
13 OF PROJECTING LOADS).
14 SECTION 4943 (RELATING TO MAXIMUM AXLE WEIGHT OF
15 VEHICLES).
16 SECTION 4944 (RELATING TO MAXIMUM WHEEL LOAD).
17 SECTION 4961 (RELATING TO AUTHORITY TO ISSUE
18 PERMITS).
19 SECTION 6124 (RELATING TO ERECTION OF TRAFFIC-
20 CONTROL DEVICES AT INTERSECTIONS).
21 (III) THE FOLLOWING PROVISIONS OF TITLE 75
22 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED STATUTES
23 INSOFAR AS THEY ARE AFFECTED BY SECTION 1 OF THIS
24 AMENDATORY ACT, SHALL TAKE EFFECT IN 90 DAYS:
25 SECTION 1514 (RELATING TO EXPIRATION AND RENEWAL
26 OF DRIVERS' LICENSES).
27 SECTION 1519 (RELATING TO DETERMINATION OF
28 INCOMPETENCY).
29 SECTION 1532 (RELATING TO SUSPENSION OR
30 REVOCATION OF OPERATING PRIVILEGE).
19790H0425B2449 - 237 -
1 SECTION 1535 (RELATING TO SCHEDULE OF CONVICTIONS
2 AND POINTS).
3 SECTION 1538 (RELATING TO SCHOOL, EXAMINATION OR
4 HEARING ON ACCUMULATION OF POINTS OR EXCESSIVE
5 SPEEDING).
6 SECTION 1539 (RELATING TO SUSPENSION OF OPERATING
7 PRIVILEGE ON ACCUMULATION OF POINTS).
8 SECTION 1542 (RELATING TO REVOCATION OF HABITUAL
9 OFFENDER'S LICENSE).
10 SECTION 1543 (RELATING TO DRIVING WHILE OPERATING
11 PRIVILEGE IS SUSPENDED OR REVOKED).
12 SECTION 1545 (RELATING TO RESTORATION OF
13 OPERATING PRIVILEGE).
14 SECTION 1551 (RELATING TO NOTICE OF DEPARTMENT
15 ACTION).
16 SECTION 1572 (RELATING TO CANCELLATION AND
17 SUSPENSION OF OPERATING PRIVILEGE).
18 (2) THE PROVISIONS OF SECTION 2 OF THIS AMENDATORY ACT
19 AFFECTING TITLE 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE
20 PENNSYLVANIA CONSOLIDATED STATUTES SHALL TAKE EFFECT
21 IMMEDIATELY.
22 (3) THE PROVISIONS OF SECTIONS 3, 4 AND 6 OF THIS
23 AMENDATORY ACT SHALL TAKE EFFECT IMMEDIATELY.
24 (4) THE PROVISIONS OF SECTION 5 OF THIS AMENDATORY ACT
25 SHALL TAKE EFFECT IN 60 DAYS.
L18L61BCVV/19790H0425B2449 - 238 -