SENATE AMENDED
PRIOR PRINTER'S NOS. 485, 1070 PRINTER'S NO. 2621
No. 433 Session of 1997
INTRODUCED BY PHILLIPS, GEIST, McCALL, ALLEN, CLARK, BELARDI,
HENNESSEY, READSHAW, SATHER, FARGO, SCHULER, ITKIN,
FAIRCHILD, GODSHALL, COLAFELLA, OLASZ, TIGUE, HERSHEY,
STABACK, BARD, TRELLO, SEMMEL, LYNCH, E. Z. TAYLOR, CIVERA,
STERN, BELFANTI AND ROSS, FEBRUARY 11, 1997
SENATOR CORMAN, TRANSPORTATION, IN SENATE, AS AMENDED,
NOVEMBER 25, 1997
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for THE DEFINITION OF "VEHICLE," <--
3 FOR APPLICATION FOR CERTIFICATE OF TITLE, FOR TRANSFER OF
4 OWNERSHIP OF VEHICLE, FOR carrying and exhibiting driver's
5 license on demand and, for investigation by police officers, <--
6 FOR TRANSFER OF OWNERSHIP OF TITLE, FOR DELIVERY OF
7 CERTIFICATE OF TITLE, FOR EXPIRATION AND RENEWAL OF DRIVERS'
8 LICENSES, FOR SCHEDULE OF CONVICTIONS AND POINTS, FOR
9 EXEMPTION OF PERSONS, ENTITIES AND VEHICLES FROM FEES, FOR
10 EXEMPTIONS FROM OTHER FEES, FOR TRAFFIC-CONTROL SIGNALS, FOR
11 OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN, FOR
12 VEHICLES REQUIRED TO STOP AT RAILROAD CROSSINGS AND FOR
13 COMPLIANCE WITH BRIDGE AND RAILROAD WARNING SIGNALS;
14 PROVIDING FOR PASSENGERS IN OPEN TRUCKS AND TRAILERS; FURTHER
15 PROVIDING HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE,
16 FOR ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE NOT
17 PROPERLY LICENSED, FOR UNLAWFUL ACTIVITIES, FOR PERIODS FOR
18 REQUIRING LIGHTED LAMPS, FOR GENERAL LIGHTING REQUIREMENTS,
19 FOR USE OF MULTIPLE-BEAM ROAD LIGHTING EQUIPMENT, FOR GENERAL
20 REQUIREMENTS FOR SCHOOL BUSES AND FOR LENGTH OF VEHICLES;
21 PROVIDING FOR DEALING IN OFFICIAL TRAFFIC-CONTROL DEVICES OR
22 BRIDGE PARTS; FURTHER PROVIDING FOR SUBSEQUENT CONVICTIONS OF
23 CERTAIN OFFENSES AND FOR REFUND OF TAXES ON LIQUID FUELS AND
24 FUELS; AND PROVIDING FOR REFUND OF TAXES ON LIQUID FUELS AND
25 FUELS.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
1 Section 1. Sections 1511(b), 1533, 1540(b), 1960 and 6308 of <--
2 Title 75 of the Pennsylvania Consolidated Statutes are amended
3 to read:
4 SECTION 1. THE DEFINITION OF "VEHICLE" IN SECTION 102 OF <--
5 TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO
6 READ:
7 § 102. DEFINITIONS.
8 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
9 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
10 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
11 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
12 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
13 * * *
14 "VEHICLE." EVERY DEVICE IN, UPON OR BY WHICH ANY PERSON OR
15 PROPERTY IS OR MAY BE TRANSPORTED OR DRAWN UPON A HIGHWAY,
16 EXCEPT DEVICES USED EXCLUSIVELY UPON RAILS OR TRACKS. THE TERM
17 DOES NOT INCLUDE A SELF-PROPELLED WHEEL CHAIR, AN ELECTRICAL
18 MOBILITY DEVICE OR A MOTORIZED PEDALCYCLE OPERATED BY AND
19 DESIGNED FOR THE EXCLUSIVE USE OF A PERSON WITH DISABILITIES.
20 * * *
21 SECTION 2. SECTION 1103.1(H) OF TITLE 75 IS AMENDED AND THE
22 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
23 § 1103.1. APPLICATION FOR CERTIFICATE OF TITLE.
24 * * *
25 (G.1) VERIFICATION.--IN LIEU OF NOTARIZATION OF ANY DOCUMENT
26 REQUIRED TO BE SUBMITTED WITH THE APPLICATION FOR CERTIFICATE OF
27 TITLE, THE DEPARTMENT SHALL ACCEPT THE VERIFICATION OF A
28 PERSON'S SIGNATURE BY AN ISSUING AGENT WHO IS LICENSED AS A
29 VEHICLE DEALER BY THE STATE BOARD OF VEHICLE MANUFACTURERS,
30 DEALERS AND SALESPERSONS, OR ITS EMPLOYEE. THE ISSUING AGENT'S
19970H0433B2621 - 2 -
1 NAME AND IDENTIFICATION NUMBER AND THE SIGNATURE OF THE ISSUING
2 AGENT OR ITS EMPLOYEE SHALL BE WRITTEN IN THE SPACE RESERVED FOR
3 A NOTARIZATION OR VERIFICATION. IF AN ISSUING AGENT OR ITS
4 EMPLOYEE FALSELY VERIFIES A PERSON'S SIGNATURE, THE DEPARTMENT
5 SHALL SUSPEND THE ISSUING AGENT'S AUTHORITY TO ISSUE TEMPORARY
6 REGISTRATION PLATES AND CARDS FOR NOT LESS THAN 30 DAYS.
7 (H) PENALTIES.--ANY PERSON WHO FALSELY VERIFIES A SIGNATURE
8 UNDER SUBSECTION (G.1) OR A VEHICLE IDENTIFICATION NUMBER UNDER
9 SUBSECTION (E)(2) OR WHO VERIFIES A VEHICLE IDENTIFICATION
10 NUMBER WITHOUT BEING AUTHORIZED AS PROVIDED IN SUBSECTION (E)(2)
11 COMMITS A SUMMARY OFFENSE PUNISHABLE BY A FINE OF $300.
12 SECTION 3. SECTIONS 1107, 1111(A) AND (B), 1302(8), 1511(B),
13 1514(A) AND 1535(A) OF TITLE 75 ARE AMENDED TO READ:
14 § 1107. DELIVERY OF CERTIFICATE OF TITLE.
15 THE CERTIFICATE OF TITLE SHALL BE MAILED TO THE FIRST
16 LIENHOLDER OR ENCUMBRANCER NAMED IN THE CERTIFICATE OR, IF THERE
17 IS NO LIENHOLDER OR ENCUMBRANCER, THE TITLE SHALL BE MAILED OR
18 DELIVERED TO THE OWNER IN ACCORDANCE WITH THE DEPARTMENT
19 REGULATIONS. UPON COMPLETION AND SUBMISSION OF A FORM PRESCRIBED
20 BY THE DEPARTMENT, THE CERTIFICATE MAY ALSO BE DELIVERED TO A
21 MESSENGER SERVICE AUTHORIZED BY THE DEPARTMENT AND APPROVED BY
22 THE OWNER, OR BY THE LIENHOLDER, ENCUMBRANCER AND OWNER, AS THE
23 CASE MAY BE, TO RECEIVE CERTIFICATES ON THEIR BEHALF.
24 § 1111. TRANSFER OF OWNERSHIP OF VEHICLE.
25 (A) DUTY OF TRANSFEROR.--IN THE EVENT OF THE SALE OR
26 TRANSFER OF THE OWNERSHIP OF A VEHICLE WITHIN THIS COMMONWEALTH,
27 THE OWNER SHALL EXECUTE AN ASSIGNMENT AND WARRANTY OF TITLE TO
28 THE TRANSFEREE IN THE SPACE PROVIDED ON THE CERTIFICATE OR AS
29 THE DEPARTMENT PRESCRIBES, SWORN TO BEFORE A NOTARY PUBLIC OR
30 OTHER OFFICER EMPOWERED TO ADMINISTER OATHS, OR VERIFIED BY AN
19970H0433B2621 - 3 -
1 ISSUING AGENT WHO IS LICENSED AS A VEHICLE DEALER BY THE STATE
2 BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS, OR ITS
3 EMPLOYEE, AND DELIVER THE CERTIFICATE TO THE TRANSFEREE AT THE
4 TIME OF THE DELIVERY OF THE VEHICLE.
5 * * *
6 (B) DUTY OF TRANSFEREE.--EXCEPT AS OTHERWISE PROVIDED IN
7 SECTION 1113 (RELATING TO TRANSFER TO OR FROM MANUFACTURER OR
8 DEALER), THE TRANSFEREE SHALL, WITHIN TEN DAYS OF THE ASSIGNMENT
9 OR REASSIGNMENT OF THE CERTIFICATE OF TITLE, APPLY FOR A NEW
10 TITLE BY PRESENTING TO THE DEPARTMENT THE PROPERLY COMPLETED
11 CERTIFICATE OF TITLE, SWORN TO BEFORE A NOTARY PUBLIC OR OTHER
12 OFFICER EMPOWERED TO ADMINISTER OATHS, OR VERIFIED BEFORE AN
13 ISSUING AGENT WHO IS LICENSED AS A VEHICLE DEALER BY THE STATE
14 BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS, OR ITS
15 EMPLOYEE, AND ACCOMPANIED BY SUCH FORMS AS THE DEPARTMENT MAY
16 REQUIRE.
17 * * *
18 § 1302. VEHICLES EXEMPT FROM REGISTRATION.
19 THE FOLLOWING TYPES OF VEHICLES ARE EXEMPT FROM REGISTRATION:
20 * * *
21 [(8) ANY SELF-PROPELLED INVALID WHEEL CHAIR OR INVALID
22 MOTORIZED PEDALCYCLE.]
23 * * *
24 § 1511. Carrying and exhibiting driver's license on demand.
25 * * *
26 (b) Production to avoid penalty.--No person shall be
27 convicted of violating this section or section 1501(a) (relating
28 to drivers required to be licensed) if the person produces at
29 the office of the issuing authority or the [arresting] police
30 officer within 15 days after demand is made by the police
19970H0433B2621 - 4 -
1 officer a driver's license valid in this Commonwealth at the
2 time of the arrest or demand.
3 § 1533. Suspension of operating privilege for failure to <--
4 respond to citation.
5 (a) Violations within Commonwealth.--The department shall
6 suspend the operating privilege of any person who has failed to
7 respond to a citation or summons to appear before an issuing
8 authority or a court of competent jurisdiction of this
9 Commonwealth for any violation of this title, other than
10 parking, or who has failed to pay any fine or costs imposed by
11 an issuing authority or such courts for any violation of this
12 title, other than parking, upon being duly notified by certified
13 mail by an issuing authority or a court of this Commonwealth.
14 The failure of a person to pick up the mailed notice of
15 suspension of his operating privilege shall not affect the
16 effective date of that suspension.
17 (b) Violations outside Commonwealth.--The department shall
18 suspend the operating privilege of any person who has failed to
19 respond to a citation, summons or similar writ to appear before
20 a court of competent jurisdiction of the United States or any
21 state which has entered into an enforcement agreement with the
22 department, as authorized under section 6146 (relating to
23 enforcement agreements), for any violation of the motor vehicle
24 laws of such state, other than parking, or who has failed to pay
25 any fine or costs imposed by such court upon being duly notified
26 in accordance with the laws of such jurisdiction in which the
27 violation occurred. A person who provides proof, satisfactory to
28 the department, that the full amount of the fine and costs has
29 been forwarded to and received by the court shall not be
30 regarded as having failed to respond for the purposes of this
19970H0433B2621 - 5 -
1 subsection.
2 (c) Time for responding to notice.--At least 15 days before
3 an issuing authority or court notifies the department to impose
4 a suspension pursuant to subsection (a), the issuing authority
5 or court shall notify the person in writing of the requirement
6 to respond to the citation and pay all fines and penalties
7 imposed by the issuing authority or court.
8 (d) Period of suspension.--The suspension shall continue
9 until such person shall respond to the citation, summons or
10 writ, as the case may be, and pay all fines and penalties
11 imposed or enter into an agreement to make installment payments
12 for the fines and penalties imposed provided that the suspension
13 may be reimposed by the department if the defendant fails to
14 make regular installment payments and, if applicable, pay the
15 fee prescribed in section 1960 (relating to reinstatement of
16 operating privilege or vehicle registration).
17 (e) Remedy cumulative.--A suspension under this section
18 shall be in addition to the requirement of withholding renewal
19 or reinstatement of a violator's driver's license as prescribed
20 in section 1503(a) (relating to persons ineligible for
21 licensing).
22 (f) Admissibility of documents.--A copy of a document issued
23 by a court or issuing authority of this Commonwealth or by an
24 official of another state shall be admissible for the purpose of
25 proving a violation of this section.
26 § 1540. Surrender of license.
27 * * *
28 (b) Suspension, revocation or disqualification of operating
29 privilege.--
30 (1) Upon the suspension or revocation of the operating
19970H0433B2621 - 6 -
1 privilege or the disqualification of the commercial operating
2 privilege of any person by the department, the department
3 shall forthwith notify the person [in writing] by certified
4 mail at the address of record to surrender his driver's
5 license to the department for the term of suspension,
6 revocation or disqualification.
7 (2) The department shall include with the written notice
8 of suspension, revocation or disqualification a form for
9 acknowledging the suspension, revocation or disqualification,
10 which form shall be filed with the department if the person
11 has no license to surrender.
12 (3) The suspension, revocation or disqualification shall
13 be effective upon the earlier of:
14 (i) a date determined by the department; or
15 (ii) the date of filing or mailing of the license or
16 acknowledgment to the department, in person or by
17 certified mail, if that date is subsequent to the
18 department's notice to surrender the license.
19 (4) Upon surrender of the license or acknowledgment, the
20 department shall issue a receipt showing the date that it
21 received the license or acknowledgment.
22 The failure of a person to pick up the mailed notice of
23 suspension, revocation or disqualification of his operating
24 privilege shall not affect the effective date of that
25 suspension, revocation or disqualification.
26 * * *
27 § 1960. Reinstatement of operating privilege or vehicle
28 registration.
29 (a) General rule.--The department shall charge a fee of
30 [$25] $30 or, if section 1786(d) (relating to required financial
19970H0433B2621 - 7 -
1 responsibility) applies, a fee of $50 to restore a person's
2 operating privilege or the registration of a vehicle following a
3 suspension or revocation.
4 (b) Additional fee.--In addition to the fee for the
5 restoration of a person's operating privilege provided for in
6 subsection (a), the department is authorized to charge an
7 additional restoration fee which is reasonable and sufficient to
8 cover expenses incurred in the administration of notifying
9 persons of a suspension, revocation or disqualification of the
10 operating privilege by certified mail. The amount of the
11 additional fee and the basis used by the department in
12 establishing it shall be published in the Pennsylvania Bulletin.
13 Any subsequent increases or decreases in the additional
14 restoration fee shall be published in the Pennsylvania Bulletin
15 in a similar manner.
16 § 1514. EXPIRATION AND RENEWAL OF DRIVERS' LICENSES. <--
17 (A) GENERAL RULE.--EVERY DRIVER'S LICENSE SHALL EXPIRE [IN
18 THE MONTH OF] ON THE DAY AFTER THE LICENSEE'S BIRTHDATE AT
19 INTERVALS OF NOT MORE THAN FOUR YEARS AS MAY BE DETERMINED BY
20 THE DEPARTMENT. EVERY LICENSE SHALL BE RENEWABLE ON OR BEFORE
21 ITS EXPIRATION UPON APPLICATION, PAYMENT OF THE REQUIRED FEE,
22 AND SATISFACTORY COMPLETION OF ANY EXAMINATION REQUIRED OR
23 AUTHORIZED BY THIS CHAPTER.
24 * * *
25 § 1535. SCHEDULE OF CONVICTIONS AND POINTS.
26 (A) GENERAL RULE.--A POINT SYSTEM FOR DRIVER EDUCATION AND
27 CONTROL IS HEREBY ESTABLISHED WHICH IS RELATED TO OTHER
28 PROVISIONS FOR USE, SUSPENSION AND REVOCATION OF THE OPERATING
29 PRIVILEGE AS SPECIFIED UNDER THIS TITLE. EVERY DRIVER LICENSED
30 IN THIS COMMONWEALTH WHO IS CONVICTED OF ANY OF THE FOLLOWING
19970H0433B2621 - 8 -
1 OFFENSES SHALL BE ASSESSED POINTS AS OF THE DATE OF VIOLATION IN
2 ACCORDANCE WITH THE FOLLOWING SCHEDULE:
3 SECTION NUMBER OFFENSE POINTS
4 1512 VIOLATION OF RESTRICTION ON
5 DRIVER'S LICENSE. 2
6 1571 VIOLATION CONCERNING LICENSE. 3
7 3102 FAILURE TO OBEY POLICEMAN OR
8 AUTHORIZED PERSON. 2
9 3112(A)(3)(I) FAILURE TO STOP FOR A RED LIGHT. 3
10 3114(A)(1) FAILURE TO STOP FOR A FLASHING
11 RED LIGHT. 3
12 3302 FAILURE TO YIELD HALF OF ROADWAY
13 TO ONCOMING VEHICLE. 3
14 3303 IMPROPER PASSING. 3
15 3304 OTHER IMPROPER PASSING. 3
16 3305 OTHER IMPROPER PASSING. 3
17 3306(A)(1) OTHER IMPROPER PASSING. 4
18 3306(A)(2) OTHER IMPROPER PASSING. 3
19 3306(A)(3) OTHER IMPROPER PASSING. 3
20 3307 OTHER IMPROPER PASSING. 3
21 3310 FOLLOWING TOO CLOSELY. 3
22 3321 FAILURE TO YIELD TO DRIVER ON THE
23 RIGHT AT INTERSECTION. 3
24 3322 FAILURE TO YIELD TO ONCOMING
25 DRIVER WHEN MAKING LEFT TURN. 3
26 3323(B) FAILURE TO STOP FOR STOP SIGN. 3
27 3323(C) FAILURE TO YIELD AT YIELD SIGN. 3
28 3324 FAILURE TO YIELD WHEN ENTERING OR
29 CROSSING ROADWAY BETWEEN INTER-
30 SECTIONS. 3
19970H0433B2621 - 9 -
1 3332 IMPROPER TURNING AROUND. 3
2 [3341 FAILURE TO STOP FOR FLASHING RED
3 LIGHTS OR GATE AT RAILROAD
4 CROSSING. 3]
5 3341(A) FAILURE TO OBEY SIGNAL INDICATING
6 APPROACH OF TRAIN. 2
7 3341(B) FAILURE TO COMPLY WITH CROSSING
8 GATE OR BARRIER. 4
9 (AND 30 DAYS SUSPENSION)
10 3342(B) OR (E) FAILURE TO STOP
11 AT RAILROAD CROSSINGS. 4
12 3344 FAILURE TO STOP WHEN ENTERING FROM
13 ALLEY, DRIVEWAY OR BUILDING. 3
14 3345(A) FAILURE TO STOP FOR SCHOOL BUS
15 WITH FLASHING RED LIGHTS. 5
16 (AND 60 DAYS SUSPENSION)
17 3361 DRIVING TOO FAST FOR CONDITIONS. 2
18 3362 EXCEEDING MAXIMUM SPEED.--OVER LIMIT:
19 6-10 2
20 11-15 3
21 16-25 4
22 26-30 5
23 31-OVER 5
24 (AND DEPARTMENTAL HEARING
25 AND SANCTIONS PROVIDED
26 UNDER SECTION 1538(D))
27 3365(B) EXCEEDING SPECIAL SPEED LIMIT
28 IN SCHOOL ZONE. 3
29 3365(C) EXCEEDING SPECIAL SPEED LIMIT
30 FOR TRUCKS ON DOWNGRADES. 3
19970H0433B2621 - 10 -
1 3542(A) FAILURE TO YIELD TO PEDESTRIAN IN
2 CROSSWALK. 2
3 3547 FAILURE TO YIELD TO PEDESTRIAN ON
4 SIDEWALK. 3
5 3549(A) FAILURE TO YIELD TO BLIND
6 PEDESTRIAN. 3
7 3702 IMPROPER BACKING. 3
8 3714 CARELESS DRIVING. 3
9 3745 LEAVING SCENE OF ACCIDENT
10 INVOLVING PROPERTY DAMAGE ONLY. 4
11 * * *
12 SECTION 4. SECTION 1901(C)(16) OF TITLE 75 IS AMENDED AND
13 THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
14 § 1901. EXEMPTION OF PERSONS, ENTITIES AND VEHICLES FROM FEES.
15 * * *
16 (C) PROCESSING FEE IN LIEU OF REGISTRATION FEE.--NO
17 REGISTRATION FEE SHALL BE CHARGED FOR VEHICLES REGISTERED BY ANY
18 OF THE FOLLOWING BUT THE DEPARTMENT SHALL CHARGE A FEE OF $10 TO
19 COVER THE COSTS OF PROCESSING FOR ISSUING OR RENEWING THE
20 REGISTRATION:
21 * * *
22 (16) ANY PERSON WHO IS RETIRED AND RECEIVING SOCIAL
23 SECURITY OR OTHER PENSION AND WHOSE TOTAL ANNUAL INCOME DOES
24 NOT EXCEED [$14,999 PER YEAR] $19,200. UNLESS THE RETIRED
25 PERSON IS PHYSICALLY OR MENTALLY INCAPABLE OF DRIVING THE
26 VEHICLE, THE RETIRED PERSON SHALL BE THE PRINCIPAL DRIVER OF
27 THE VEHICLE BUT MAY FROM TIME TO TIME AUTHORIZE ANOTHER
28 PERSON TO DRIVE THE VEHICLE IN HIS OR HER STEAD.
29 * * *
30 (23) NONPROFIT CORPORATIONS THAT PROVIDE AMBULANCE OR
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1 EMERGENCY MEDICAL SERVICES.
2 * * *
3 SECTION 5. SECTION 1902 OF TITLE 75 IS AMENDED BY ADDING A
4 PARAGRAPH TO READ:
5 § 1902. EXEMPTIONS FROM OTHER FEES.
6 NO FEE SHALL BE CHARGED UNDER THIS TITLE FOR OR TO ANY OF THE
7 FOLLOWING:
8 * * *
9 (9) A PERSON TRANSPORTING A CHRISTMAS TREE FOR A
10 GOVERNMENTAL ENTITY AT NO CHARGE.
11 SECTION 6. SECTION 3112(A)(3) OF TITLE 75 IS AMENDED TO
12 READ:
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 * * *
22 (3) STEADY RED INDICATION.--
23 (I) VEHICULAR TRAFFIC FACING A STEADY RED SIGNAL
24 ALONE SHALL STOP AT A CLEARLY MARKED STOP LINE, OR IF
25 NONE, BEFORE ENTERING THE CROSSWALK ON THE NEAR SIDE OF
26 THE INTERSECTION, OR IF NONE, THEN BEFORE ENTERING THE
27 INTERSECTION AND SHALL REMAIN STANDING UNTIL AN
28 INDICATION TO PROCEED IS SHOWN EXCEPT AS PROVIDED IN
29 SUBPARAGRAPH (II).
30 (II) UNLESS [A SIGN] SIGNING IS IN PLACE PROHIBITING
19970H0433B2621 - 12 -
1 A TURN, VEHICULAR TRAFFIC FACING A STEADY RED SIGNAL MAY
2 ENTER THE INTERSECTION TO TURN RIGHT, OR TO TURN LEFT
3 FROM A ONE-WAY [ROADWAY] HIGHWAY ONTO A ONE-WAY [ROADWAY]
4 HIGHWAY AFTER STOPPING AS REQUIRED BY SUBPARAGRAPH (I).
5 SUCH VEHICULAR TRAFFIC SHALL YIELD THE RIGHT-OF-WAY TO
6 PEDESTRIANS LAWFULLY WITHIN AN ADJACENT CROSSWALK AND TO
7 OTHER TRAFFIC LAWFULLY USING THE INTERSECTION.
8 (III) UNLESS OTHERWISE DIRECTED BY A PEDESTRIAN-
9 CONTROL SIGNAL AS PROVIDED IN SECTION 3113, PEDESTRIANS
10 FACING A STEADY RED SIGNAL ALONE SHALL NOT ENTER THE
11 ROADWAY.
12 * * *
13 SECTION 7. SECTION 3341 OF TITLE 75 IS AMENDED BY ADDING A
14 SUBSECTION TO READ:
15 § 3341. OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN.
16 * * *
17 (C) PENALTIES.--A VIOLATION OF SUBSECTION (A) CONSTITUTES A
18 SUMMARY OFFENSE PUNISHABLE BY A FINE OF FROM $50 TO $200. A
19 VIOLATION OF SUBSECTION (B) CONSTITUTES A SUMMARY OFFENSE
20 PUNISHABLE BY A FINE OF FROM $200 TO $500.
21 SECTION 8. SECTION 3342 OF TITLE 75 IS AMENDED TO READ:
22 § 3342. VEHICLES REQUIRED TO STOP AT RAILROAD CROSSINGS.
23 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (C), THE
24 DRIVER OF ANY VEHICLE DESCRIBED IN [REGULATIONS ISSUED PURSUANT
25 TO SUBSECTION (D) OR DESCRIBED IN] SUBSECTION [(E)] (B), BEFORE
26 CROSSING AT GRADE ANY TRACK OR TRACKS OF A RAILROAD, SHALL STOP
27 THE VEHICLE WITHIN 50 FEET BUT NOT LESS THAN 15 FEET FROM THE
28 NEAREST RAIL OF THE RAILROAD CROSSING AND WHILE SO STOPPED SHALL
29 LISTEN AND LOOK IN BOTH DIRECTIONS ALONG THE TRACK FOR ANY
30 APPROACHING TRAIN, AND FOR SIGNALS INDICATING THE APPROACH OF A
19970H0433B2621 - 13 -
1 TRAIN[, AND SHALL NOT PROCEED UNTIL IT CAN BE DONE SAFELY. AFTER
2 STOPPING AND UPON PROCEEDING WHEN]. WHEN IT IS SAFE TO DO SO,
3 THE DRIVER OF THE VEHICLE SHALL [CROSS] DRIVE THE VEHICLE ACROSS
4 THE TRACKS ONLY IN SUCH GEAR OF THE VEHICLE THAT THERE WILL BE
5 NO NECESSITY FOR MANUALLY CHANGING GEARS WHILE TRAVERSING THE
6 CROSSING [AND THE]. THE DRIVER SHALL NOT MANUALLY SHIFT GEARS
7 WHILE CROSSING THE TRACK OR TRACKS.
8 [(B) SCHOOL BUSES.--A SCHOOL BUS, WHETHER OR NOT CARRYING
9 PASSENGERS, SHALL STOP AT ALL RAILROAD CROSSINGS DESIGNATED BY
10 APPROPRIATE SIGNS, SIGNALS OR MARKERS EXCEPT THOSE CROSSINGS AT
11 WHICH TRAFFIC IS CONTROLLED BY A POLICE OFFICER OR FLAGMAN AND
12 THOSE CROSSINGS LOCATED ON A LIMITED ACCESS HIGHWAY.]
13 (B) VEHICLES SUBJECT TO STOPPING REQUIREMENT.--THIS SECTION
14 SHALL APPLY TO THE FOLLOWING VEHICLES:
15 (1) ANY VEHICLE DESIGNATED BY THE DEPARTMENT IN
16 ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (D).
17 (2) A SCHOOL BUS, WHETHER OR NOT CARRYING PASSENGERS.
18 (3) EVERY TRUCK AND TRACTOR COMBINATION WHICH CARRIES
19 GASOLINE, DIESEL FUEL, FUEL OIL, EXPLOSIVES OR RADIOACTIVE
20 MATERIALS.
21 (C) EXCEPTIONS.--[EXCEPT AS PROVIDED IN SUBSECTION (B),
22 THIS] THIS SECTION DOES NOT APPLY AT ANY OF THE FOLLOWING:
23 (1) ANY RAILROAD GRADE CROSSING AT WHICH TRAFFIC IS
24 CONTROLLED BY A POLICE OFFICER OR FLAGMAN.
25 (2) ANY RAILROAD GRADE CROSSING AT WHICH TRAFFIC IS
26 REGULATED BY A FUNCTIONING HIGHWAY TRAFFIC-CONTROL SIGNAL
27 TRANSMITTING A GREEN INDICATION FOR THE DIRECTION OF TRAVEL
28 OF THE VEHICLE.
29 (3) ANY RAILROAD GRADE CROSSING AT WHICH AN OFFICIAL
30 TRAFFIC-CONTROL DEVICE GIVES NOTICE THAT THE STOPPING
19970H0433B2621 - 14 -
1 REQUIREMENT IMPOSED BY THIS SECTION DOES NOT APPLY.
2 (4) ANY ABANDONED RAILROAD GRADE CROSSING WHICH IS
3 MARKED BY THE FORMER RAIL OPERATOR WITH A SIGN INDICATING
4 THAT THE RAIL LINE IS ABANDONED.
5 (5) AN INDUSTRIAL OR SPUR LINE RAILROAD GRADE CROSSING
6 MARKED WITH A SIGN READING "EXEMPT." SUCH A SIGN SHALL BE
7 ERECTED ONLY BY OR WITH THE CONSENT OF THE PENNSYLVANIA
8 PUBLIC UTILITY COMMISSION.
9 (D) [REGULATIONS DEFINING] NOTICE OF VEHICLES SUBJECT TO
10 SECTION.--THE DEPARTMENT SHALL [ADOPT SUCH REGULATIONS AS MAY BE
11 NECESSARY] PUBLISH IN THE PENNSYLVANIA BULLETIN A NOTICE
12 DESCRIBING THE VEHICLES WHICH MUST COMPLY WITH THE STOPPING
13 REQUIREMENTS OF THIS SECTION. IN [FORMULATING THE REGULATIONS]
14 DEVELOPING THE LIST OF VEHICLES, THE DEPARTMENT SHALL GIVE
15 CONSIDERATION TO THE HAZARDOUS NATURE OF ANY SUBSTANCE CARRIED
16 BY THE VEHICLE AS DETERMINED BY THE DEPARTMENT AND TO THE NUMBER
17 OF PASSENGERS CARRIED BY THE VEHICLE IN DETERMINING WHETHER THE
18 VEHICLE SHALL BE REQUIRED TO STOP. [THESE REGULATIONS SHALL BE
19 DEVELOPED IN CONJUNCTION WITH THE PENNSYLVANIA PUBLIC UTILITY
20 COMMISSION AND THE URBAN MASS TRANSPORTATION AUTHORITY AND] THIS
21 LIST OF VEHICLES SHALL CORRELATE WITH AND SO FAR AS POSSIBLE
22 CONFORM TO THE [CURRENT] REGULATIONS OF THE UNITED STATES
23 DEPARTMENT OF TRANSPORTATION AS AMENDED FROM TIME TO TIME.
24 (E) [MANDATORY REQUIREMENT TO STOP.--EVERY TRUCK AND TRUCK
25 TRACTOR COMBINATION WHICH CARRIES GASOLINE, DIESEL FUEL, FUEL
26 OIL, EXPLOSIVES OR RADIOACTIVE MATERIALS DESIGNATED IN
27 DEPARTMENT REGULATIONS SHALL STOP AT EVERY RAILROAD CROSSING AS
28 REQUIRED BY THIS SECTION. THE DRIVER OF THE TRUCK AND TRUCK
29 TRACTOR COMBINATION] USE OF VEHICLE HAZARD LIGHTS.--THE DRIVER
30 OF ANY VEHICLE MENTIONED IN SUBSECTION (B)(2) AND (3) SHALL
19970H0433B2621 - 15 -
1 ACTIVATE THE VEHICLE HAZARD LIGHTS WHEN STOPPING AT THE RAILROAD
2 CROSSING.
3 (F) PENALTY.--A VIOLATION OF THIS SECTION CONSTITUTES A
4 SUMMARY OFFENSE PUNISHABLE BY A FINE OF FROM [$50] $100 TO
5 [$100] $150, EXCEPT THAT A VIOLATION OF SUBSECTION (B) OR (E)
6 SHALL BE PUNISHABLE BY A FINE OF FROM [$100] $200 TO [$300]
7 $500.
8 SECTION 9. SECTION 3551 OF TITLE 75 IS AMENDED BY ADDING A
9 SUBSECTION TO READ:
10 § 3551. COMPLIANCE WITH BRIDGE AND RAILROAD WARNING SIGNALS.
11 * * *
12 (C) PENALTY.--A VIOLATION OF THIS SECTION CONSTITUTES A
13 SUMMARY OFFENSE PUNISHABLE BY A FINE OF NOT LESS THAN $50 NOR
14 MORE THAN $150.
15 SECTION 10. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
16 § 3719. PASSENGERS IN OPEN TRUCKS AND TRAILERS.
17 AN OPEN-BED PICKUP TRUCK, OPEN FLATBED TRUCK OR MOTOR VEHICLE
18 TOWING AN OPEN FLATBED TRAILER SHALL NOT BE DRIVEN AT A SPEED OF
19 MORE THAN 35 MILES PER HOUR IF ANY PERSON IS OCCUPYING THE BED
20 OF THE TRUCK OR TRAILER. SUCH A TRUCK OR TRAILER SHALL NOT BE
21 DRIVEN AT ANY SPEED IF A CHILD LESS THAN 12 YEARS OF AGE IS
22 OCCUPYING THE BED OF THE TRUCK OR TRAILER.
23 SECTION 11. SECTIONS 3735 AND 3742.1 OF TITLE 75 ARE AMENDED
24 TO READ:
25 § 3735. HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE.
26 (A) OFFENSE DEFINED.--ANY PERSON WHO UNINTENTIONALLY CAUSES
27 THE DEATH OF ANOTHER PERSON AS THE RESULT OF A VIOLATION OF
28 SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
29 CONTROLLED SUBSTANCE) AND WHO IS CONVICTED OF VIOLATING SECTION
30 3731 IS GUILTY OF A FELONY OF THE SECOND DEGREE WHEN THE
19970H0433B2621 - 16 -
1 VIOLATION IS THE CAUSE OF DEATH AND THE SENTENCING COURT SHALL
2 ORDER THE PERSON TO SERVE A MINIMUM TERM OF IMPRISONMENT OF NOT
3 LESS THAN THREE YEARS. A [SEPARATE] CONSECUTIVE THREE-YEAR TERM
4 OF IMPRISONMENT SHALL BE IMPOSED FOR EACH VICTIM WHOSE DEATH IS
5 THE [DIRECT] RESULT OF THE VIOLATION OF SECTION 3731.
6 (B) APPLICABILITY OF SENTENCING GUIDELINES.--THE SENTENCING
7 GUIDELINES PROMULGATED BY THE PENNSYLVANIA COMMISSION ON
8 SENTENCING SHALL NOT SUPERSEDE THE MANDATORY PENALTY OF THIS
9 SECTION.
10 § 3742.1. ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE
11 NOT PROPERLY LICENSED.
12 (A) OFFENSE DEFINED.--A PERSON WHOSE OPERATING PRIVILEGE WAS
13 CANCELED, RECALLED, REVOKED OR SUSPENDED AND NOT RESTORED OR WHO
14 DOES NOT HOLD A VALID DRIVER'S LICENSE COMMITS AN OFFENSE UNDER
15 THIS SECTION IF THE PERSON WAS THE DRIVER OF ANY VEHICLE AND
16 CAUSED AN ACCIDENT RESULTING IN INJURY OR DEATH OF ANY PERSON
17 [AND WHOSE OPERATING PRIVILEGE AT THE TIME OF THE ACCIDENT IS
18 CANCELED, RECALLED, REVOKED OR SUSPENDED AND NOT RESTORED OR WHO
19 AT THE TIME OF THE ACCIDENT HAD NOT BEEN ISSUED A VALID DRIVER'S
20 LICENSE].
21 (B) PENALTIES.--
22 (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY
23 PERSON VIOLATING SUBSECTION (A) COMMITS A MISDEMEANOR OF THE
24 SECOND DEGREE. [IF AT THE TIME OF THE ACCIDENT THE PERSON'S
25 OPERATING PRIVILEGE IS CANCELED, RECALLED, REVOKED OR
26 SUSPENDED AND NOT RESTORED. IF THE PERSON HAD NOT BEEN ISSUED
27 A VALID DRIVER'S LICENSE, THE OFFENSE IS A MISDEMEANOR OF THE
28 THIRD DEGREE.]
29 (2) IF THE VICTIM SUFFERS SERIOUS BODILY INJURY OR
30 DEATH, ANY PERSON VIOLATING SUBSECTION (A) COMMITS A FELONY
19970H0433B2621 - 17 -
1 OF THE THIRD DEGREE. [IF AT THE TIME OF THE ACCIDENT THE
2 PERSON'S OPERATING PRIVILEGE IS CANCELED, RECALLED, REVOKED
3 OR SUSPENDED AND NOT RESTORED. IF THE PERSON HAD NOT BEEN
4 ISSUED A VALID DRIVER'S LICENSE, THE OFFENSE IS A MISDEMEANOR
5 OF THE FIRST DEGREE.]
6 (3) ANY MOTOR VEHICLE, AS DEFINED IN SECTION 102
7 (RELATING TO DEFINITIONS), USED IN THE COMMISSION OF AN
8 OFFENSE UNDER THIS SECTION MAY BE DEEMED CONTRABAND AND
9 FORFEITED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN 18
10 PA.C.S. § 6501(D) (RELATING TO SCATTERING RUBBISH) [IF THE
11 DRIVER'S OPERATING PRIVILEGE IS CANCELED, RECALLED, REVOKED
12 OR SUSPENDED AND NOT RESTORED AT THE TIME OF THE ACCIDENT].
13 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE TERM "SERIOUS
14 BODILY INJURY" MEANS ANY BODILY INJURY WHICH CREATES A
15 SUBSTANTIAL RISK OF DEATH OR WHICH CAUSES SERIOUS, PERMANENT
16 DISFIGUREMENT OR PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION
17 OF ANY BODILY MEMBER OR ORGAN.
18 SECTION 12. SECTION 4107 OF TITLE 75 IS AMENDED BY ADDING A
19 SUBSECTION TO READ:
20 § 4107. UNLAWFUL ACTIVITIES.
21 * * *
22 (E) EXCEPTION FOR CERTAIN FROZEN DESSERT TRUCKS.--ANY FROZEN
23 DESSERT TRUCK WHICH IS EQUIPPED WITH A SIDE STOP SIGNAL ARM AND
24 FLASHING OR REVOLVING RED OR AMBER LIGHTS MAY BE OPERATED WITHIN
25 THIS COMMONWEALTH WITHOUT VIOLATING THE PROVISIONS OF THIS PART
26 AND SECTIONS 4552 (RELATING TO GENERAL REQUIREMENTS FOR SCHOOL
27 BUSES), 4571 (RELATING TO VISUAL AND AUDIBLE SIGNALS ON
28 EMERGENCY VEHICLES) AND 4572 (RELATING TO VISUAL SIGNALS ON
29 AUTHORIZED VEHICLES) SO LONG AS THE SIDE STOP SIGNAL ARM AND THE
30 FLASHING OR REVOLVING RED OR AMBER LIGHTS ARE NOT UTILIZED OR
19970H0433B2621 - 18 -
1 ACTIVATED WITHIN THIS COMMONWEALTH.
2 SECTION 13. SECTIONS 4303(A) AND 4306(C) OF TITLE 75 ARE
3 AMENDED TO READ:
4 § 4303. GENERAL LIGHTING REQUIREMENTS.
5 (A) HEAD LAMPS.--EVERY VEHICLE, EXCEPT TRAILERS, OPERATED ON
6 A HIGHWAY SHALL BE EQUIPPED WITH A HEAD LAMP SYSTEM IN
7 CONFORMANCE WITH REGULATIONS OF THE DEPARTMENT. THE REGULATIONS
8 SHALL NOT PROHIBIT A BUS FROM BEING EQUIPPED WITH DEVICES USED
9 TO CARRY PEDALCYCLES ON THE FRONT OF THE BUS.
10 * * *
11 § 4306. USE OF MULTIPLE-BEAM ROAD LIGHTING EQUIPMENT.
12 * * *
13 (C) EXCEPTION.--
14 (1) A POLICE OR SHERIFF VEHICLE WHICH IS EQUIPPED WITH A
15 FLASHING HEADLAMP SYSTEM THAT CONFORMS TO REGULATIONS
16 PROMULGATED BY THE DEPARTMENT SHALL BE EXEMPT FROM THE
17 PROVISIONS OF THIS SECTION ONLY WHEN THE VEHICLE IS BEING
18 USED PURSUANT TO THE PROVISIONS OF SECTION 4571(E) (RELATING
19 TO VISUAL AND AUDIBLE SIGNALS ON EMERGENCY VEHICLES).
20 (2) NOTHING IN THIS SECTION SHALL LIMIT DRIVERS FROM
21 FLASHING HIGH BEAMS AT ONCOMING VEHICLES AS A WARNING OF
22 ROADWAY EMERGENCIES OR OTHER DANGEROUS OR HAZARDOUS
23 CONDITIONS AHEAD.
24 * * *
25 SECTION 14. SECTION 4552 OF TITLE 75 IS AMENDED BY ADDING
26 SUBSECTIONS TO READ:
27 § 4552. GENERAL REQUIREMENTS FOR SCHOOL BUSES.
28 * * *
29 (B.2) USE OF FRONT CROSSING CONTROL ARM.--EVERY SCHOOL BUS
30 SHALL BE EQUIPPED WITH A CROSSING CONTROL ARM ON THE FRONT OF
19970H0433B2621 - 19 -
1 THE VEHICLE. THE CROSSING CONTROL ARM SHALL BE AUTOMATICALLY
2 ACTIVATED WHENEVER THE BUS IS STOPPED WITH THE RED VISUAL
3 SIGNALS IN USE. THE CROSSING CONTROL ARM IS MANDATED ACCORDING
4 TO THE FOLLOWING SCHEDULE:
5 (1) SCHOOL BUSES MAY BE EQUIPPED WITH AND USE A CROSSING
6 CONTROL ARM ON JANUARY 1, 1998.
7 (2) EVERY SCHOOL BUS PURCHASED AND MANUFACTURED AFTER
8 JULY 1, 1998, SHALL BE EQUIPPED WITH A CROSSING CONTROL ARM.
9 (3) BY JULY 1, 2000, EVERY SCHOOL BUS SHALL BE EQUIPPED
10 WITH A CROSSING CONTROL ARM.
11 (B.3) STROBE LIGHT.--SCHOOL BUSES MAY BE EQUIPPED WITH A
12 BRIGHT WHITE STROBE LIGHT AFFIXED TO THE ROOF.
13 * * *
14 SECTION 15. SECTION 4923 OF TITLE 75 IS AMENDED TO READ:
15 § 4923. LENGTH OF VEHICLES.
16 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), NO
17 MOTOR VEHICLE, INCLUDING ANY LOAD AND BUMPERS, SHALL EXCEED AN
18 OVERALL LENGTH OF 40 FEET.
19 (B) EXCEPTIONS.--THE LIMITATIONS OF (A) DO NOT APPLY TO THE
20 FOLLOWING:
21 (1) ANY MOTOR VEHICLE EQUIPPED WITH A BOOM OR BOOM-LIKE
22 DEVICE IF THE VEHICLE DOES NOT EXCEED 55 FEET.
23 (2) ANY COMBINATION TRANSPORTING ARTICLES WHICH DO NOT
24 EXCEED 70 FEET IN LENGTH AND ARE NONDIVISIBLE AS TO LENGTH.
25 (3) ANY BUS OF AN ARTICULATED DESIGN WHICH DOES NOT
26 EXCEED 60 FEET.
27 (4) ANY MOTOR VEHICLE TOWING A DISABLED MOTOR VEHICLE TO
28 A LOCATION FOR REPAIR OR TO SOME OTHER PLACE OF SAFETY.
29 (5) A COMBINATION OTHER THAN A STINGER-STEERED
30 AUTOMOBILE OR BOAT TRANSPORTER DESIGNED AND USED EXCLUSIVELY
19970H0433B2621 - 20 -
1 FOR CARRYING MOTOR VEHICLES IF THE OVERALL LENGTH OF THE
2 COMBINATION AND LOAD DOES NOT EXCEED 65 FEET. WHEN DRIVEN AS
3 DESCRIBED IN SECTION 4908 (RELATING TO OPERATION OF CERTAIN
4 COMBINATIONS ON INTERSTATE AND OTHER HIGHWAYS), THE LOAD MAY
5 EXTEND BEYOND THE 65-FOOT LIMIT OF SUCH A COMBINATION BY NO
6 MORE THAN THREE FEET IN THE FRONT AND NO MORE THAN FOUR FEET
7 TO THE REAR. SADDLE-MOUNT, INCLUDING THOSE COMBINATIONS NOT
8 IN EXCESS OF 75 FEET IN LENGTH AS DESCRIBED IN SECTION
9 4904(D) (RELATING TO LIMITS ON NUMBER OF TOWED VEHICLES), AND
10 FULL-MOUNT MECHANISMS SHALL QUALIFY UNDER THIS EXCEPTION.
11 (6) ANY COMBINATION CONSISTING OF A TRUCK TRACTOR AND
12 ONE OR TWO TRAILERS. THE LENGTH OF A SINGLE TRAILER SHALL NOT
13 EXCEED 53 FEET, PROVIDED THE DISTANCE BETWEEN THE KINGPIN OF
14 THE TRAILER AND THE CENTER LINE OF THE REAR AXLE OR REAR AXLE
15 GROUP DOES NOT EXCEED 41 FEET OR, IN THE CASE OF A TRAILER
16 USED EXCLUSIVELY OR PRIMARILY TO TRANSPORT VEHICLES IN
17 CONNECTION WITH MOTOR SPORTS COMPETITION EVENTS, DOES NOT
18 EXCEED 46 FEET; AND THE LENGTH OF EACH DOUBLE TRAILER SHALL
19 NOT EXCEED 28 1/2 FEET.
20 (7) ANY MAXI-CUBE VEHICLE WHEN DRIVEN AS DESCRIBED IN
21 SECTION 4908.
22 (8) ANY STINGER-STEERED AUTOMOBILE OR BOAT TRANSPORTER.
23 (9) ANY BUS EQUIPPED WITH DEVICES USED TO CARRY
24 PEDALCYCLES IF THE DEVICES, INCLUDING THE PEDALCYCLES, DO NOT
25 EXTEND MORE THAN 36 INCHES FROM THE FRONT OF THE BUS AND THE
26 HANDLEBARS OF THE PEDALCYCLES DO NOT EXTEND MORE THAN 42
27 INCHES FROM THE FRONT OF THE BUS.
28 SECTION 16. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
29 § 6128. DEALING IN OFFICIAL TRAFFIC-CONTROL DEVICES OR BRIDGE
30 PARTS.
19970H0433B2621 - 21 -
1 (A) GENERAL RULE.--A PERSON COMMITS A SUMMARY OFFENSE IF HE
2 KNOWINGLY PURCHASES, SELLS OR OFFERS FOR SALE AN OFFICIAL
3 TRAFFIC-CONTROL DEVICE OR AN IDENTIFIABLE RAILING OR OTHER PART
4 OF A PUBLIC BRIDGE.
5 (B) PRESUMPTION.--AN OFFICIAL TRAFFIC-CONTROL DEVICE OR AN
6 IDENTIFIABLE RAILING OR OTHER PART OF A PUBLIC BRIDGE FOUND IN
7 THE PLACE OF BUSINESS OF A PERSON WHO DEALS IN SCRAP METAL SHALL
8 BE PRESUMED TO BE OFFERED FOR SALE BY THE SCRAP METAL DEALER.
9 (C) EXCEPTION.--THIS SECTION SHALL NOT APPLY TO SALES BY OR
10 TO THE COMMONWEALTH OR LOCAL AUTHORITIES OR THEIR AGENTS OR
11 CONTRACTORS OR MANUFACTURERS OR FABRICATORS.
12 (D) PENALTY.--A PERSON WHO VIOLATES THE PROVISIONS OF THIS
13 SECTION SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF
14 $100 FOR EACH OFFICIAL TRAFFIC-CONTROL DEVICE OR IDENTIFIABLE
15 PIECE OF RAILING OR OTHER PART OF A PUBLIC BRIDGE HE IS
16 CONVICTED OF PURCHASING, SELLING OR OFFERING FOR SALE.
17 SECTION 17. SECTIONS 6308 AND 6503 OF TITLE 75 ARE AMENDED
18 TO READ:
19 § 6308. Investigation by police officers.
20 (a) Duty of operator or pedestrian.--The operator of any
21 vehicle or any pedestrian reasonably believed to have violated
22 any provision of this title shall stop upon request or signal of
23 any police officer and shall, upon request, exhibit a
24 registration card, driver's license and information relating to
25 financial responsibility, or other means of identification if a
26 pedestrian or driver of a pedalcycle, and shall write their name
27 in the presence of the police officer if so required for the
28 purpose of establishing identity.
29 (b) Authority of police officer.--Whenever a police officer
30 is engaged in a systematic program of checking vehicles or
19970H0433B2621 - 22 -
1 drivers or has articulable and reasonable grounds to suspect a
2 violation of this title, he may stop a vehicle, upon request or
3 signal, for the purpose of checking the vehicle's registration,
4 proof of financial responsibility, vehicle identification number
5 or engine number or the driver's license, or to secure such
6 other information as the officer may reasonably believe to be
7 necessary to enforce the provisions of this title.
8 (c) Inspection of garages and dealer premises.--Any police
9 officer or authorized department employee may inspect any
10 vehicle in any garage or repair shop or on the premises of any
11 dealer, miscellaneous motor vehicle business, salvage motor
12 vehicle auction or pool operator, salvor, scrap metal processor,
13 or other public place of business for the purpose of locating
14 stolen vehicles or parts or vehicles or vehicle parts with
15 identification numbers removed or falsified. The owner of the
16 garage or repair shop or the dealer or other person shall permit
17 any police officer or authorized department employee to make
18 investigations under this subsection.
19 (d) Records.--Every salvor, miscellaneous motor vehicle
20 business, salvage motor vehicle auction or pool operator, scrap
21 metal processor and dealer shall keep accurate records of motor
22 vehicle sales and dispositions. The records shall include the
23 make, year and type of vehicle, from whom purchased or acquired
24 and date, vehicle identification number and date of sale or
25 disposition of vehicle. The records shall be available on the
26 premises of the salvor, miscellaneous motor vehicle business,
27 salvage motor vehicle auction or pool operator, scrap metal
28 processor and dealer and open to inspection by any police
29 officer or authorized department employee. The records shall be
30 maintained for three years from the date of disposition of the
19970H0433B2621 - 23 -
1 vehicle.
2 (d.1) Production to avoid penalty.--No person shall be
3 convicted of failing to have in his possession any of the
4 documents required to be exhibited by UNDER subsection (a) or <--
5 (b) if the person produces the requested documents at the office
6 of the issuing authority or the police officer within 15 days
7 after demand is made by the police officer if the documents were
8 valid in this Commonwealth at the time of the request.
9 (e) Penalty.--Any person violating subsection (d) commits a
10 misdemeanor of the third degree.
11 Section 2. This act shall take effect immediately. <--
12 § 6503. SUBSEQUENT CONVICTIONS OF CERTAIN OFFENSES. <--
13 EVERY PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF
14 ANY OF THE FOLLOWING PROVISIONS WITHIN SEVEN YEARS OF THE DATE
15 OF COMMISSION OF THE OFFENSE PRECEDING THE OFFENSE FOR WHICH A
16 SENTENCE IS TO BE IMPOSED SHALL BE SENTENCED TO PAY A FINE OF
17 NOT LESS THAN $200 NOR MORE THAN $1,000 OR TO IMPRISONMENT FOR
18 NOT MORE THAN SIX MONTHS, OR BOTH:
19 SECTION 1501(A) (RELATING TO DRIVERS REQUIRED TO BE
20 LICENSED).
21 SECTION 1543 (RELATING TO DRIVING WHILE OPERATING
22 PRIVILEGE IS SUSPENDED OR REVOKED).
23 SECTION 3367 (RELATING TO RACING ON HIGHWAYS).
24 SECTION 3733 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE
25 POLICE OFFICER).
26 SECTION 3734 (RELATING TO DRIVING WITHOUT LIGHTS TO AVOID
27 IDENTIFICATION OR ARREST).
28 SECTION 3748 (RELATING TO FALSE REPORTS).
29 SECTION 18. SECTION 9017 OF TITLE 75 IS REENACTED AND
30 AMENDED TO READ:
19970H0433B2621 - 24 -
1 § 9017. REFUNDS.
2 (A) FEDERAL GOVERNMENT; ERRORS.--THE [BOARD OF FINANCE AND
3 REVENUE] DEPARTMENT OF REVENUE MAY REFUND TO DISTRIBUTORS TAXES,
4 PENALTIES AND INTEREST PAID BY THEM ON LIQUID FUELS AND FUELS
5 DELIVERED TO THE FEDERAL GOVERNMENT OR PAID AS THE RESULT OF AN
6 ERROR OF LAW OR OF FACT. CLAIMS FOR REFUNDS MUST BE MADE UNDER
7 THE PROCEDURE PRESCRIBED BY [THE ACT OF APRIL 9, 1929 (P.L.343,
8 NO.176), KNOWN AS THE FISCAL CODE.] SECTION 3003.1 OF THE ACT OF
9 MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF
10 1971.
11 (A.1) REIMBURSEMENTS AND REFUNDS BY BOARD.--THE BOARD OF
12 FINANCE AND REVENUE MAY MAKE REIMBURSEMENTS AND REFUNDS OF
13 LIQUID FUELS AND FUELS TAXES AS PROVIDED UNDER SUBSECTIONS (B),
14 (C), (E) AND (E.1).
15 (B) FARM TRACTORS AND VOLUNTEER FIRE RESCUE AND AMBULANCE
16 SERVICES.--A PERSON SHALL BE REIMBURSED THE FULL AMOUNT OF THE
17 TAX IMPOSED BY THIS CHAPTER IF THE PERSON USES OR BUYS LIQUID
18 FUELS AND FUELS ON WHICH THE TAX IMPOSED BY THIS CHAPTER HAS
19 BEEN PAID AND CONSUMES THEM:
20 (1) IN THE OPERATION OF ANY NONLICENSED FARM TRACTOR OR
21 LICENSED FARM TRACTOR WHEN USED OFF THE HIGHWAYS FOR
22 AGRICULTURAL PURPOSES RELATING TO THE ACTUAL PRODUCTION OF
23 FARM PRODUCTS; OR
24 (2) IN THE OPERATION OF A VEHICLE OF A VOLUNTEER FIRE
25 COMPANY, VOLUNTEER AMBULANCE SERVICE OR VOLUNTEER RESCUE
26 SQUAD.
27 (C) MOTORBOATS AND WATERCRAFT.--
28 (1) WHEN THE TAX IMPOSED BY THIS CHAPTER HAS BEEN PAID
29 AND THE FUEL ON WHICH THE TAX HAS BEEN IMPOSED HAS BEEN
30 CONSUMED IN THE OPERATION OF MOTORBOATS OR WATERCRAFT UPON
19970H0433B2621 - 25 -
1 THE WATERS OF THIS COMMONWEALTH, INCLUDING WATERWAYS
2 BORDERING ON THIS COMMONWEALTH, THE FULL AMOUNT OF THE TAX
3 SHALL BE REFUNDED TO THE BOAT FUND ON PETITION TO THE BOARD
4 IN ACCORDANCE WITH PRESCRIBED PROCEDURES.
5 (2) IN ACCORDANCE WITH SUCH PROCEDURES, THE PENNSYLVANIA
6 FISH AND BOAT COMMISSION SHALL BIANNUALLY CALCULATE THE
7 AMOUNT OF LIQUID FUELS CONSUMED BY THE MOTORCRAFT AND FURNISH
8 THE INFORMATION RELATING TO ITS CALCULATIONS AND DATA AS
9 REQUIRED BY THE BOARD. THE BOARD SHALL REVIEW THE PETITION
10 AND MOTORBOAT FUEL CONSUMPTION CALCULATIONS OF THE
11 COMMISSION, DETERMINE THE AMOUNT OF LIQUID FUELS TAX PAID AND
12 CERTIFY TO THE STATE TREASURER TO REFUND ANNUALLY TO THE BOAT
13 FUND THE AMOUNT SO DETERMINED. THE DEPARTMENT SHALL BE
14 ACCORDED THE RIGHT TO APPEAR AT THE PROCEEDINGS AND MAKE ITS
15 VIEWS KNOWN.
16 (3) THIS MONEY SHALL BE USED BY THE COMMISSION ACTING BY
17 ITSELF OR BY AGREEMENT WITH OTHER FEDERAL AND STATE AGENCIES
18 ONLY FOR THE IMPROVEMENT OF THE WATERS OF THIS COMMONWEALTH
19 ON WHICH MOTORBOATS ARE PERMITTED TO OPERATE AND MAY BE USED
20 FOR THE DEVELOPMENT AND CONSTRUCTION OF MOTORBOAT AREAS; THE
21 DREDGING AND CLEARING OF WATER AREAS WHERE MOTORBOATS CAN BE
22 USED; THE PLACEMENT AND REPLACEMENT OF NAVIGATIONAL AIDS; THE
23 PURCHASE, DEVELOPMENT AND MAINTENANCE OF PUBLIC ACCESS SITES
24 AND FACILITIES TO AND ON WATERS WHERE MOTORBOATING IS
25 PERMITTED; THE PATROLLING OF MOTORBOATING WATERS; THE
26 PUBLISHING OF NAUTICAL CHARTS IN THOSE AREAS OF THIS
27 COMMONWEALTH NOT COVERED BY NAUTICAL CHARTS PUBLISHED BY THE
28 UNITED STATES COAST AND GEODETIC SURVEY OR THE UNITED STATES
29 ARMY ENGINEERS AND THE ADMINISTRATIVE EXPENSES ARISING OUT OF
30 SUCH ACTIVITIES; AND OTHER SIMILAR PURPOSES.
19970H0433B2621 - 26 -
1 (D) OFF-HIGHWAY RECREATIONAL VEHICLES.--
2 (1) WHEN THE TAX IMPOSED BY THIS CHAPTER HAS BEEN PAID
3 ON FUEL USED IN OFF-HIGHWAY RECREATIONAL VEHICLES WITHIN THIS
4 COMMONWEALTH, AN AMOUNT EQUAL TO THE REVENUE GENERATED BY THE
5 TAX, BUT NOT DERIVED THEREFROM, MAY BE APPROPRIATED THROUGH
6 THE GENERAL FUND TO THE DEPARTMENT OF CONSERVATION AND
7 NATURAL RESOURCES. IT IS THE INTENT OF THIS CHAPTER THAT ALL
8 PROCEEDS FROM THE TAX PAID ON FUEL USED IN OFF-HIGHWAY
9 RECREATIONAL VEHICLES WITHIN THIS COMMONWEALTH BE PAID
10 WITHOUT DIMINUTION OF THE MOTOR LICENSE FUND.
11 (2) THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
12 SHALL BIENNIALLY CALCULATE THE AMOUNT OF LIQUID FUEL CONSUMED
13 BY OFF-HIGHWAY RECREATIONAL VEHICLES AND FURNISH INFORMATION
14 RELATING TO ITS CALCULATIONS AND DATA AS MAY BE REQUIRED BY
15 THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
16 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
17 (3) THE GENERAL ASSEMBLY SHALL REVIEW THE FUEL
18 CONSUMPTION CALCULATIONS OF THE DEPARTMENT OF CONSERVATION
19 AND NATURAL RESOURCES TO DETERMINE THE AMOUNT OF LIQUID FUELS
20 TAX PAID ON LIQUID FUELS CONSUMED IN THE PROPULSION OF OFF-
21 HIGHWAY RECREATIONAL VEHICLES IN THIS COMMONWEALTH AND MAY
22 ANNUALLY APPROPRIATE TO THE DEPARTMENT OF CONSERVATION AND
23 NATURAL RESOURCES THE AMOUNT SO DETERMINED.
24 (4) MONEY APPROPRIATED UNDER PARAGRAPH (3) SHALL BE USED
25 FOR THE BENEFIT OF MOTORIZED AND NONMOTORIZED RECREATIONAL
26 TRAILS BY THE DEPARTMENT OF CONSERVATION AND NATURAL
27 RESOURCES AS PROVIDED IN THE INTERMODAL SURFACE
28 TRANSPORTATION EFFICIENCY ACT OF 1991 (PUBLIC LAW 102-240,
29 105 STAT. 1914).
30 (E) AIRCRAFT.--A PERSON SHALL BE REIMBURSED IN THE AMOUNT OF
19970H0433B2621 - 27 -
1 THE EXCESS IF A PERSON USES LIQUID FUEL ON WHICH A TAX IMPOSED
2 BY THIS CHAPTER IN EXCESS OF 1 1/2¢ PER GALLON HAS BEEN PAID IN:
3 (1) A PROPELLER-DRIVEN AIRCRAFT OR AIRCRAFT ENGINES; OR
4 (2) A JET OR TURBOJET-PROPELLED AIRCRAFT OR AIRCRAFT
5 ENGINES.
6 (E.1) MECHANICAL TEMPERATURE-CONTROL UNITS.--A PERSON SHALL
7 BE REIMBURSED IN THE AMOUNT OF THE TAX IMPOSED ON LIQUID FUEL OR
8 FUEL WHICH THAT PERSON USES TO OPERATE ANY SELF-CONTAINED
9 MECHANICAL TEMPERATURE-CONTROL UNIT THAT IS PERMANENTLY AFFIXED
10 TO AN OVER-THE-ROAD VEHICLE, BUT NOT IN EXCESS OF 100 GALLONS OF
11 LIQUID FUEL OR FUEL PER PURCHASE. CLAIMS FOR REFUNDS SHALL BE
12 FILED WITH THE DEPARTMENT OF REVENUE AND SHALL CONTAIN SUCH
13 INFORMATION AND BE ACCOMPANIED BY SUCH DOCUMENTATION AS THE
14 DEPARTMENT OF REVENUE MAY REQUIRE.
15 (F) CLAIMS, FORMS, CONTENTS, PENALTIES.--A CLAIM FOR
16 REIMBURSEMENT OR REFUND UNDER SUBSECTION (B), (C), (E) OR (E.1)
17 SHALL BE MADE UPON A FORM TO BE FURNISHED BY THE BOARD AND MUST
18 INCLUDE, IN ADDITION TO SUCH OTHER INFORMATION AS THE BOARD MAY
19 BY REGULATION PRESCRIBE, THE NAME AND ADDRESS OF THE CLAIMANT;
20 THE PERIOD OF TIME AND THE NUMBER OF GALLONS OF LIQUID FUELS
21 USED FOR WHICH REIMBURSEMENT IS CLAIMED; A DESCRIPTION OF THE
22 FARM MACHINERY, AIRCRAFT OR AIRCRAFT ENGINE IN WHICH LIQUID
23 FUELS HAVE BEEN USED; THE PURPOSES FOR WHICH THE MACHINERY,
24 AIRCRAFT OR AIRCRAFT ENGINE HAS BEEN USED; AND THE SIZE OF THE
25 FARM AND PART IN CULTIVATION ON WHICH SUCH LIQUID FUELS HAVE
26 BEEN USED. A CLAIM MUST CONTAIN STATEMENTS THAT THE LIQUID FUELS
27 FOR WHICH REIMBURSEMENT IS CLAIMED HAVE BEEN USED ONLY FOR
28 PURPOSES FOR WHICH REIMBURSEMENTS ARE PERMITTED; THAT RECORDS OF
29 THE AMOUNTS OF SUCH FUELS USED IN EACH PIECE OF FARM MACHINERY,
30 AIRCRAFT OR AIRCRAFT ENGINE HAVE BEEN KEPT; AND THAT NO PART OF
19970H0433B2621 - 28 -
1 THE CLAIM HAS BEEN PAID EXCEPT AS STATED. A CLAIM MUST CONTAIN A
2 DECLARATION THAT IT AND ACCOMPANYING RECEIPTS ARE TRUE AND
3 CORRECT TO THE BEST OF THE CLAIMANT'S KNOWLEDGE AND MUST BE
4 SIGNED BY THE CLAIMANT OR THE PERSON CLAIMING ON THE CLAIMANT'S
5 BEHALF. A CLAIM MUST BE ACCOMPANIED BY RECEIPTS INDICATING THAT
6 THE LIQUID FUELS TAX WAS PAID ON THE LIQUID FUELS OR THAT THE
7 EXCESS LIQUID FUELS TAX WAS PAID ON THE LIQUID FUELS FOR WHICH
8 REIMBURSEMENT IS CLAIMED. RECORDS OF PURCHASES OF LIQUID FUELS
9 AND USE IN EACH TRACTOR OR POWERED MACHINERY, AIRCRAFT OR
10 AIRCRAFT ENGINE SHALL BE KEPT FOR A PERIOD OF TWO YEARS. A CLAIM
11 MUST BE MADE ANNUALLY FOR THE PRECEDING YEAR ENDING ON JUNE 30.
12 A CLAIM MUST BE SUBMITTED TO THE BOARD BY SEPTEMBER 30. THE
13 BOARD SHALL REFUSE TO CONSIDER ANY CLAIM RECEIVED OR POSTMARKED
14 LATER THAN THAT DATE. THE CLAIMANT MUST SATISFY THE BOARD THAT
15 THE TAX HAS BEEN PAID AND THAT THE LIQUID FUELS HAVE BEEN
16 CONSUMED BY THE CLAIMANT FOR PURPOSES FOR WHICH REIMBURSEMENTS
17 ARE PERMITTED UNDER THIS SECTION. THE ACTION OF THE BOARD IN
18 GRANTING OR REFUSING REIMBURSEMENT SHALL BE FINAL. THE BOARD
19 SHALL DEDUCT THE SUM OF $1.50, WHICH SHALL BE CONSIDERED A
20 FILING FEE, FROM EVERY CLAIM FOR REIMBURSEMENT GRANTED. FILING
21 FEES ARE SPECIFICALLY APPROPRIATED TO THE BOARD AND TO THE
22 DEPARTMENT FOR EXPENSES INCURRED IN THE ADMINISTRATION OF THE
23 REIMBURSEMENT PROVISIONS OF THIS CHAPTER. THE BOARD HAS THE
24 POWER TO REFER TO THE DEPARTMENT FOR INVESTIGATION ANY CLAIM FOR
25 REIMBURSEMENT FILED UNDER THE PROVISIONS OF THIS CHAPTER. THE
26 DEPARTMENT SHALL INVESTIGATE THE APPLICATION AND REPORT TO THE
27 BOARD. A PERSON MAKING ANY FALSE OR FRAUDULENT STATEMENT FOR THE
28 PURPOSE OF OBTAINING REIMBURSEMENT COMMITS A MISDEMEANOR OF THE
29 THIRD DEGREE.
30 (G) FUND SOURCES.--REFUNDS AND REIMBURSEMENTS OF MONEY
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1 ALLOWED UNDER THIS SECTION SHALL BE PAID FROM THE MOTOR LICENSE
2 FUND AND THE LIQUID FUELS TAX FUND IN AMOUNTS EQUAL TO THE
3 ORIGINAL DISTRIBUTION AND PAYMENT OF SUCH MONEY INTO THOSE
4 FUNDS. REIMBURSEMENT FOR TAXES PAID ON LIQUID FUELS CONSUMED IN
5 THE OPERATION OF TRACTORS AND POWERED MACHINERY FOR PURPOSES
6 RELATING TO THE ACTUAL PRODUCTION OF FARM PRODUCTS AND
7 REIMBURSEMENT FOR TAXES PAID ON LIQUID FUELS USED IN AIRCRAFT OR
8 AIRCRAFT ENGINES SHALL BE PAID OUT OF THE MOTOR LICENSE FUND.
9 (H) APPROPRIATIONS; APPROVAL BY GOVERNOR.--AS MUCH OF THE
10 MONEY IN THE MOTOR LICENSE FUND AND THE LIQUID FUELS TAX FUND AS
11 MAY BE NECESSARY IS APPROPRIATED TO THE BOARD FOR THE PURPOSE OF
12 MAKING REFUNDS AND REIMBURSEMENTS AS AUTHORIZED IN THIS SECTION.
13 ESTIMATES OF THE AMOUNTS TO BE EXPENDED FROM THESE FUNDS FOR
14 REFUNDS AND REIMBURSEMENTS BY THE BOARD MUST BE SUBMITTED TO THE
15 GOVERNOR FOR APPROVAL OR DISAPPROVAL AS IN THE CASE OF OTHER
16 APPROPRIATIONS TO ADMINISTRATIVE DEPARTMENTS, BOARDS AND
17 COMMISSIONS. IT IS UNLAWFUL TO HONOR ANY REQUISITION OF THE
18 BOARD FOR THE EXPENDITURE OF MONEY UNDER THIS SECTION IN EXCESS
19 OF THE ESTIMATES APPROVED BY THE GOVERNOR.
20 SECTION 19. THIS ACT SHALL BE RETROACTIVE AS FOLLOWS:
21 (1) THE ADDITION OF 75 PA.C.S § 9017(E.1) SHALL BE
22 RETROACTIVE TO OCTOBER 1, 1997.
23 (2) THE REENACTMENT OF THE REMAINDER OF 75 PA.C.S. §
24 9017 SHALL BE RETROACTIVE TO JANUARY 1, 1997.
25 SECTION 20. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
26 (1) THE AMENDMENT OF 75 PA.C.S. §§ 1514, 1535 AND 1901
27 SHALL TAKE EFFECT JULY 1, 1998, OR IMMEDIATELY, WHICHEVER IS
28 LATER.
29 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
30 DAYS.
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