SENATE AMENDED
PRIOR PRINTER'S NOS. 485, 1070, 2621, PRINTER'S NO. 4169
4114, 2621, 4165
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, ROSS, SAYLOR AND MARSICO, FEBRUARY 11, 1997
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 23, 1998
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. FURTHER PROVIDING FOR DEFINITIONS, FOR TITLE <--
26 APPLICATIONS, FOR VEHICLE OWNERSHIP TRANSFER, FOR TRANSFER OF
27 VEHICLES TO MANUFACTURERS OR DEALERS, FOR TITLE AGENTS, FOR
28 LIENS AGAINST TITLE, FOR TITLE REGISTRATIONS AND
29 CERTIFICATES, FOR REGISTRATION EXEMPTIONS, FOR REGISTRATION
1 APPLICATIONS, FOR REFUSING REGISTRATION, FOR DUTIES OF <--
2 AGENTS, FOR ISSUING REGISTRATION PLATES, FOR RETURNING
3 REGISTRATION PLATES, FOR DEALER REGISTRATION PLATES, FOR
4 DISABILITY PLATES AND PLACARDS, FOR VETERANS' PLATES AND
5 PLACARDS, FOR VARIOUS SPECIAL PLATES AND PLACARDS, FOR
6 SUSPENSION OF REGISTRATION, FOR SUSPENSION OF BUSINESS
7 REGISTRATION PLATES, FOR SURRENDER OF REGISTRATION PLATES AND
8 CARDS, FOR LICENSING, FOR LICENSING INELIGIBILITY, FOR
9 DRIVER'S LICENSE EXAMINATIONS, FOR CARRYING DRIVER'S LICENSE,
10 FOR DRIVER'S LICENSE EXPIRATION, FOR DEPARTMENT OF
11 TRANSPORTATION RECORDS, FOR THE MEDICAL ADVISORY BOARD, FOR
12 SUSPENSION OF OPERATING PRIVILEGE, FOR SCHEDULE OF POINTS,
13 FOR REMOVAL OF POINTS, FOR SURRENDER OF LICENSE, FOR
14 REVOCATION OF HABITUAL OFFENDER'S LICENSE, FOR DRIVING
15 WITHOUT VALID LICENSE, FOR CHEMICAL TESTING, FOR NOTICE, FOR
16 OCCUPATIONAL LIMITED LICENSE, FOR PROBATIONARY LICENSE AND
17 FOR CANCELLATION OF LICENSE; PROVIDING FOR ADMINISTRATIVE
18 FUNCTIONS; PROVIDING ADDITIONAL ANNUAL FEES FOR CERTAIN
19 REGISTRATIONS; FURTHER PROVIDING FOR FEE EXEMPTION, FOR
20 TEMPORARY AND ELECTRONICALLY ISSUED REGISTRATION PLATES AND
21 FOR DUPLICATE REGISTRATION CARDS; PROVIDING FOR REISSUANCE;
22 FURTHER PROVIDING FOR SPECIAL HAULING PERMITS, FOR ANNUAL
23 HAULING PERMITS, FOR SPECIAL ESCORT MOVEMENTS, FOR
24 CONSTRUCTION TRUCKS, FOR DRIVER AND VEHICLE INFORMATION, FOR
25 THE MOTOR VEHICLE TRANSACTION RECOVERY FUND, FOR
26 DISBURSEMENTS, FOR SCOPE, FOR TRAFFIC CONTROL SIGNALS, FOR
27 STOP SIGNS AND YIELD SIGNS, FOR TRAIN SIGNALS, FOR RAILROAD
28 CROSSINGS AND FOR SCHOOL BUS PASSING; PROVIDING FOR EMERGENCY
29 VEHICLES ACCESSING OFFICIAL GARAGES; FURTHER PROVIDING FOR
30 SPEED LIMITS, FOR ALTERING SPEED LIMITS, FOR PEDALCYCLES, FOR
31 PEDALCYCLE EQUIPMENT, FOR WARNING SIGNALS, FOR THE PEDALCYCLE
32 AND PEDESTRIAN ADVISORY COMMITTEE, FOR DRIVING ON SIDEWALKS,
33 FOR SERIOUS ACCIDENTS WHILE UNLICENSED, FOR VEHICULAR
34 HOMICIDE WHILE DRIVING UNDER INFLUENCE, FOR ACCIDENT REPORTS,
35 FOR UNLAWFUL ACTIVITIES, FOR LIGHTING REQUIREMENTS AND FOR
36 MULTIPLE-BEAM LIGHTS; PROVIDING FOR PASSENGERS IN OPEN TRUCKS
37 AND FOR PEDALCYCLE CARRYING DEVICES; FURTHER PROVIDING FOR
38 SCHOOL BUS REQUIREMENTS, FOR INSPECTION, FOR INSPECTION
39 STATION LIABILITY, FOR INSPECTION STICKER VIOLATIONS, FOR
40 INSPECTION RECORDS, FOR HIGHWAY AND BRIDGE RESTRICTIONS, FOR
41 FIRE APPARATUS, FOR VEHICLE WIDTHS, FOR MAXIMUM GROSS WEIGHT,
42 FOR REGISTERED GROSS WEIGHT, FOR MAXIMUM AXLE WEIGHT, FOR
43 PERMIT AUTHORITY, CONDITIONS AND SECURITY, FOR CONSTRUCTION
44 VEHICLE EXEMPTIONS, FOR QUARRY EQUIPMENT PERMITS, FOR PERMITS
45 FOR MOVEMENT DURING MANUFACTURE AND FOR CONSTRUCTION
46 EQUIPMENT MOVEMENT PERMITS; PROVIDING FOR LIVE DOMESTIC
47 ANIMAL PERMITS; FURTHER PROVIDING FOR WOODEN STRUCTURE
48 MOVEMENT PERMITS; PROVIDING FOR BUILDING STRUCTURAL COMPONENT
49 MOVEMENT PERMITS, FOR FURNITURE ASSEMBLY COMPONENT MOVEMENT
50 PERMITS, FOR BULK REFINED OIL MOVEMENT PERMITS, AND FOR WASTE
51 COAL AND COMBUSTION ASH MOVEMENT PERMITS; FURTHER PROVIDING
52 FOR GUBERNATORIAL EMERGENCY POWERS, FOR ADMINISTRATIVE AND
53 LOCAL FUNCTIONS AND FOR DISPLAY OF UNAUTHORIZED SIGNS;
54 PROVIDING FOR DEALING IN TRAFFIC-CONTROL DEVICES OR BRIDGE
55 PARTS; FURTHER PROVIDING FOR AUTOMATIC RECIPROCITY AND FOR
56 POLICE INVESTIGATION; PROVIDING FOR INVESTIGATING MOTOR
57 VEHICLE ESTABLISHMENTS IN FIRST CLASS CITIES; FURTHER
58 PROVIDING FOR ISSUING AUTHORITY REPORTS; PROVIDING FOR
59 ADMISSIBILITY OF RECORDS; FURTHER PROVIDING FOR SUBSEQUENT
19970H0433B4169 - 2 -
1 CONVICTIONS OF CERTAIN OFFENSES; PROVIDING FOR HABITUAL
2 OFFENDERS; FURTHER PROVIDING FOR FRAUDULENT DOCUMENTS AND
3 PLATES; PROVIDING FOR ABANDONED VEHICLES IN FIRST CLASS
4 CITIES AND FOR A SECURITY WALL PILOT PROJECT; FURTHER
5 PROVIDING FOR LIQUID FUEL PERMITS, BONDS, DEPOSITS, REFUNDS
6 AND VIOLATIONS; FURTHER PROVIDING FOR HIGHWAY RESTORATION AND
7 FOR MOTOR FUEL TAX CREDITS; AND PROVIDING FOR CORPORATE TAX
8 EXEMPTIONS, FOR AN APPROPRIATION AND FOR THE TRANSFER OF
9 CERTAIN FUNDS.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Sections 1511(b), 1533, 1540(b), 1960 and 6308 of <--
13 Title 75 of the Pennsylvania Consolidated Statutes are amended
14 to read:
15 SECTION 1. THE DEFINITION OF "VEHICLE" IN SECTION 102 OF <--
16 TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO
17 READ:
18 § 102. DEFINITIONS.
19 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
20 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
21 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
22 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
23 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
24 * * *
25 "VEHICLE." EVERY DEVICE IN, UPON OR BY WHICH ANY PERSON OR
26 PROPERTY IS OR MAY BE TRANSPORTED OR DRAWN UPON A HIGHWAY,
27 EXCEPT DEVICES USED EXCLUSIVELY UPON RAILS OR TRACKS. THE TERM
28 DOES NOT INCLUDE A SELF-PROPELLED WHEEL CHAIR, AN ELECTRICAL
29 MOBILITY DEVICE OR A MOTORIZED PEDALCYCLE OPERATED BY AND
30 DESIGNED FOR THE EXCLUSIVE USE OF A PERSON WITH DISABILITIES.
31 * * *
32 SECTION 2. SECTION 1103.1(H) OF TITLE 75 IS AMENDED AND THE
33 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
34 § 1103.1. APPLICATION FOR CERTIFICATE OF TITLE.
19970H0433B4169 - 3 -
1 * * *
2 (G.1) VERIFICATION.--IN LIEU OF NOTARIZATION OF ANY DOCUMENT
3 REQUIRED TO BE SUBMITTED WITH THE APPLICATION FOR CERTIFICATE OF
4 TITLE, THE DEPARTMENT SHALL ACCEPT THE VERIFICATION OF A
5 PERSON'S SIGNATURE BY AN ISSUING AGENT WHO IS LICENSED AS A
6 VEHICLE DEALER BY THE STATE BOARD OF VEHICLE MANUFACTURERS,
7 DEALERS AND SALESPERSONS, OR ITS EMPLOYEE. THE ISSUING AGENT'S
8 NAME AND IDENTIFICATION NUMBER AND THE SIGNATURE OF THE ISSUING
9 AGENT OR ITS EMPLOYEE SHALL BE WRITTEN IN THE SPACE RESERVED FOR
10 A NOTARIZATION OR VERIFICATION. IF AN ISSUING AGENT OR ITS
11 EMPLOYEE FALSELY VERIFIES A PERSON'S SIGNATURE, THE DEPARTMENT
12 SHALL SUSPEND THE ISSUING AGENT'S AUTHORITY TO ISSUE TEMPORARY
13 REGISTRATION PLATES AND CARDS FOR NOT LESS THAN 30 DAYS.
14 (H) PENALTIES.--ANY PERSON WHO FALSELY VERIFIES A SIGNATURE
15 UNDER SUBSECTION (G.1) OR A VEHICLE IDENTIFICATION NUMBER UNDER
16 SUBSECTION (E)(2) OR WHO VERIFIES A VEHICLE IDENTIFICATION
17 NUMBER WITHOUT BEING AUTHORIZED AS PROVIDED IN SUBSECTION (E)(2)
18 COMMITS A SUMMARY OFFENSE PUNISHABLE BY A FINE OF $300.
19 SECTION 3. SECTIONS 1107, 1111(A) AND (B), 1302(8), 1511(B),
20 1514(A) AND 1535(A) OF TITLE 75 ARE AMENDED TO READ:
21 § 1107. DELIVERY OF CERTIFICATE OF TITLE.
22 THE CERTIFICATE OF TITLE SHALL BE MAILED TO THE FIRST
23 LIENHOLDER OR ENCUMBRANCER NAMED IN THE CERTIFICATE OR, IF THERE
24 IS NO LIENHOLDER OR ENCUMBRANCER, THE TITLE SHALL BE MAILED OR
25 DELIVERED TO THE OWNER IN ACCORDANCE WITH THE DEPARTMENT
26 REGULATIONS. UPON COMPLETION AND SUBMISSION OF A FORM PRESCRIBED
27 BY THE DEPARTMENT, THE CERTIFICATE MAY ALSO BE DELIVERED TO A
28 MESSENGER SERVICE AUTHORIZED BY THE DEPARTMENT AND APPROVED BY
29 THE OWNER, OR BY THE LIENHOLDER, ENCUMBRANCER AND OWNER, AS THE
30 CASE MAY BE, TO RECEIVE CERTIFICATES ON THEIR BEHALF.
19970H0433B4169 - 4 -
1 § 1111. TRANSFER OF OWNERSHIP OF VEHICLE.
2 (A) DUTY OF TRANSFEROR.--IN THE EVENT OF THE SALE OR
3 TRANSFER OF THE OWNERSHIP OF A VEHICLE WITHIN THIS COMMONWEALTH,
4 THE OWNER SHALL EXECUTE AN ASSIGNMENT AND WARRANTY OF TITLE TO
5 THE TRANSFEREE IN THE SPACE PROVIDED ON THE CERTIFICATE OR AS
6 THE DEPARTMENT PRESCRIBES, SWORN TO BEFORE A NOTARY PUBLIC OR
7 OTHER OFFICER EMPOWERED TO ADMINISTER OATHS, OR VERIFIED BY AN
8 ISSUING AGENT WHO IS LICENSED AS A VEHICLE DEALER BY THE STATE
9 BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS, OR ITS
10 EMPLOYEE, AND DELIVER THE CERTIFICATE TO THE TRANSFEREE AT THE
11 TIME OF THE DELIVERY OF THE VEHICLE.
12 * * *
13 (B) DUTY OF TRANSFEREE.--EXCEPT AS OTHERWISE PROVIDED IN
14 SECTION 1113 (RELATING TO TRANSFER TO OR FROM MANUFACTURER OR
15 DEALER), THE TRANSFEREE SHALL, WITHIN TEN DAYS OF THE ASSIGNMENT
16 OR REASSIGNMENT OF THE CERTIFICATE OF TITLE, APPLY FOR A NEW
17 TITLE BY PRESENTING TO THE DEPARTMENT THE PROPERLY COMPLETED
18 CERTIFICATE OF TITLE, SWORN TO BEFORE A NOTARY PUBLIC OR OTHER
19 OFFICER EMPOWERED TO ADMINISTER OATHS, OR VERIFIED BEFORE AN
20 ISSUING AGENT WHO IS LICENSED AS A VEHICLE DEALER BY THE STATE
21 BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS, OR ITS
22 EMPLOYEE, AND ACCOMPANIED BY SUCH FORMS AS THE DEPARTMENT MAY
23 REQUIRE.
24 * * *
25 § 1302. VEHICLES EXEMPT FROM REGISTRATION.
26 THE FOLLOWING TYPES OF VEHICLES ARE EXEMPT FROM REGISTRATION:
27 * * *
28 [(8) ANY SELF-PROPELLED INVALID WHEEL CHAIR OR INVALID
29 MOTORIZED PEDALCYCLE.]
30 * * *
19970H0433B4169 - 5 -
1 § 1511. Carrying and exhibiting driver's license on demand.
2 * * *
3 (b) Production to avoid penalty.--No person shall be
4 convicted of violating this section or section 1501(a) (relating
5 to drivers required to be licensed) if the person produces at
6 the office of the issuing authority or the [arresting] police
7 officer within 15 days after demand is made by the police
8 officer a driver's license valid in this Commonwealth at the
9 time of the arrest or demand.
10 § 1533. Suspension of operating privilege for failure to <--
11 respond to citation.
12 (a) Violations within Commonwealth.--The department shall
13 suspend the operating privilege of any person who has failed to
14 respond to a citation or summons to appear before an issuing
15 authority or a court of competent jurisdiction of this
16 Commonwealth for any violation of this title, other than
17 parking, or who has failed to pay any fine or costs imposed by
18 an issuing authority or such courts for any violation of this
19 title, other than parking, upon being duly notified by certified
20 mail by an issuing authority or a court of this Commonwealth.
21 The failure of a person to pick up the mailed notice of
22 suspension of his operating privilege shall not affect the
23 effective date of that suspension.
24 (b) Violations outside Commonwealth.--The department shall
25 suspend the operating privilege of any person who has failed to
26 respond to a citation, summons or similar writ to appear before
27 a court of competent jurisdiction of the United States or any
28 state which has entered into an enforcement agreement with the
29 department, as authorized under section 6146 (relating to
30 enforcement agreements), for any violation of the motor vehicle
19970H0433B4169 - 6 -
1 laws of such state, other than parking, or who has failed to pay
2 any fine or costs imposed by such court upon being duly notified
3 in accordance with the laws of such jurisdiction in which the
4 violation occurred. A person who provides proof, satisfactory to
5 the department, that the full amount of the fine and costs has
6 been forwarded to and received by the court shall not be
7 regarded as having failed to respond for the purposes of this
8 subsection.
9 (c) Time for responding to notice.--At least 15 days before
10 an issuing authority or court notifies the department to impose
11 a suspension pursuant to subsection (a), the issuing authority
12 or court shall notify the person in writing of the requirement
13 to respond to the citation and pay all fines and penalties
14 imposed by the issuing authority or court.
15 (d) Period of suspension.--The suspension shall continue
16 until such person shall respond to the citation, summons or
17 writ, as the case may be, and pay all fines and penalties
18 imposed or enter into an agreement to make installment payments
19 for the fines and penalties imposed provided that the suspension
20 may be reimposed by the department if the defendant fails to
21 make regular installment payments and, if applicable, pay the
22 fee prescribed in section 1960 (relating to reinstatement of
23 operating privilege or vehicle registration).
24 (e) Remedy cumulative.--A suspension under this section
25 shall be in addition to the requirement of withholding renewal
26 or reinstatement of a violator's driver's license as prescribed
27 in section 1503(a) (relating to persons ineligible for
28 licensing).
29 (f) Admissibility of documents.--A copy of a document issued
30 by a court or issuing authority of this Commonwealth or by an
19970H0433B4169 - 7 -
1 official of another state shall be admissible for the purpose of
2 proving a violation of this section.
3 § 1540. Surrender of license.
4 * * *
5 (b) Suspension, revocation or disqualification of operating
6 privilege.--
7 (1) Upon the suspension or revocation of the operating
8 privilege or the disqualification of the commercial operating
9 privilege of any person by the department, the department
10 shall forthwith notify the person [in writing] by certified
11 mail at the address of record to surrender his driver's
12 license to the department for the term of suspension,
13 revocation or disqualification.
14 (2) The department shall include with the written notice
15 of suspension, revocation or disqualification a form for
16 acknowledging the suspension, revocation or disqualification,
17 which form shall be filed with the department if the person
18 has no license to surrender.
19 (3) The suspension, revocation or disqualification shall
20 be effective upon the earlier of:
21 (i) a date determined by the department; or
22 (ii) the date of filing or mailing of the license or
23 acknowledgment to the department, in person or by
24 certified mail, if that date is subsequent to the
25 department's notice to surrender the license.
26 (4) Upon surrender of the license or acknowledgment, the
27 department shall issue a receipt showing the date that it
28 received the license or acknowledgment.
29 The failure of a person to pick up the mailed notice of
30 suspension, revocation or disqualification of his operating
19970H0433B4169 - 8 -
1 privilege shall not affect the effective date of that
2 suspension, revocation or disqualification.
3 * * *
4 § 1960. Reinstatement of operating privilege or vehicle
5 registration.
6 (a) General rule.--The department shall charge a fee of
7 [$25] $30 or, if section 1786(d) (relating to required financial
8 responsibility) applies, a fee of $50 to restore a person's
9 operating privilege or the registration of a vehicle following a
10 suspension or revocation.
11 (b) Additional fee.--In addition to the fee for the
12 restoration of a person's operating privilege provided for in
13 subsection (a), the department is authorized to charge an
14 additional restoration fee which is reasonable and sufficient to
15 cover expenses incurred in the administration of notifying
16 persons of a suspension, revocation or disqualification of the
17 operating privilege by certified mail. The amount of the
18 additional fee and the basis used by the department in
19 establishing it shall be published in the Pennsylvania Bulletin.
20 Any subsequent increases or decreases in the additional
21 restoration fee shall be published in the Pennsylvania Bulletin
22 in a similar manner.
23 § 1514. EXPIRATION AND RENEWAL OF DRIVERS' LICENSES. <--
24 (A) GENERAL RULE.--EVERY DRIVER'S LICENSE SHALL EXPIRE [IN
25 THE MONTH OF] ON THE DAY AFTER THE LICENSEE'S BIRTHDATE AT
26 INTERVALS OF NOT MORE THAN FOUR YEARS AS MAY BE DETERMINED BY
27 THE DEPARTMENT. EVERY LICENSE SHALL BE RENEWABLE ON OR BEFORE
28 ITS EXPIRATION UPON APPLICATION, PAYMENT OF THE REQUIRED FEE,
29 AND SATISFACTORY COMPLETION OF ANY EXAMINATION REQUIRED OR
30 AUTHORIZED BY THIS CHAPTER.
19970H0433B4169 - 9 -
1 * * *
2 § 1535. SCHEDULE OF CONVICTIONS AND POINTS.
3 (A) GENERAL RULE.--A POINT SYSTEM FOR DRIVER EDUCATION AND
4 CONTROL IS HEREBY ESTABLISHED WHICH IS RELATED TO OTHER
5 PROVISIONS FOR USE, SUSPENSION AND REVOCATION OF THE OPERATING
6 PRIVILEGE AS SPECIFIED UNDER THIS TITLE. EVERY DRIVER LICENSED
7 IN THIS COMMONWEALTH WHO IS CONVICTED OF ANY OF THE FOLLOWING
8 OFFENSES SHALL BE ASSESSED POINTS AS OF THE DATE OF VIOLATION IN
9 ACCORDANCE WITH THE FOLLOWING SCHEDULE:
10 SECTION NUMBER OFFENSE POINTS
11 1512 VIOLATION OF RESTRICTION ON
12 DRIVER'S LICENSE. 2
13 1571 VIOLATION CONCERNING LICENSE. 3
14 3102 FAILURE TO OBEY POLICEMAN OR
15 AUTHORIZED PERSON. 2
16 3112(A)(3)(I) FAILURE TO STOP FOR A RED LIGHT. 3
17 3114(A)(1) FAILURE TO STOP FOR A FLASHING
18 RED LIGHT. 3
19 3302 FAILURE TO YIELD HALF OF ROADWAY
20 TO ONCOMING VEHICLE. 3
21 3303 IMPROPER PASSING. 3
22 3304 OTHER IMPROPER PASSING. 3
23 3305 OTHER IMPROPER PASSING. 3
24 3306(A)(1) OTHER IMPROPER PASSING. 4
25 3306(A)(2) OTHER IMPROPER PASSING. 3
26 3306(A)(3) OTHER IMPROPER PASSING. 3
27 3307 OTHER IMPROPER PASSING. 3
28 3310 FOLLOWING TOO CLOSELY. 3
29 3321 FAILURE TO YIELD TO DRIVER ON THE
30 RIGHT AT INTERSECTION. 3
19970H0433B4169 - 10 -
1 3322 FAILURE TO YIELD TO ONCOMING
2 DRIVER WHEN MAKING LEFT TURN. 3
3 3323(B) FAILURE TO STOP FOR STOP SIGN. 3
4 3323(C) FAILURE TO YIELD AT YIELD SIGN. 3
5 3324 FAILURE TO YIELD WHEN ENTERING OR
6 CROSSING ROADWAY BETWEEN INTER-
7 SECTIONS. 3
8 3332 IMPROPER TURNING AROUND. 3
9 [3341 FAILURE TO STOP FOR FLASHING RED
10 LIGHTS OR GATE AT RAILROAD
11 CROSSING. 3]
12 3341(A) FAILURE TO OBEY SIGNAL INDICATING
13 APPROACH OF TRAIN. 2
14 3341(B) FAILURE TO COMPLY WITH CROSSING
15 GATE OR BARRIER. 4
16 (AND 30 DAYS SUSPENSION)
17 3342(B) OR (E) FAILURE TO STOP
18 AT RAILROAD CROSSINGS. 4
19 3344 FAILURE TO STOP WHEN ENTERING FROM
20 ALLEY, DRIVEWAY OR BUILDING. 3
21 3345(A) FAILURE TO STOP FOR SCHOOL BUS
22 WITH FLASHING RED LIGHTS. 5
23 (AND 60 DAYS SUSPENSION)
24 3361 DRIVING TOO FAST FOR CONDITIONS. 2
25 3362 EXCEEDING MAXIMUM SPEED.--OVER LIMIT:
26 6-10 2
27 11-15 3
28 16-25 4
29 26-30 5
30 31-OVER 5
19970H0433B4169 - 11 -
1 (AND DEPARTMENTAL HEARING
2 AND SANCTIONS PROVIDED
3 UNDER SECTION 1538(D))
4 3365(B) EXCEEDING SPECIAL SPEED LIMIT
5 IN SCHOOL ZONE. 3
6 3365(C) EXCEEDING SPECIAL SPEED LIMIT
7 FOR TRUCKS ON DOWNGRADES. 3
8 3542(A) FAILURE TO YIELD TO PEDESTRIAN IN
9 CROSSWALK. 2
10 3547 FAILURE TO YIELD TO PEDESTRIAN ON
11 SIDEWALK. 3
12 3549(A) FAILURE TO YIELD TO BLIND
13 PEDESTRIAN. 3
14 3702 IMPROPER BACKING. 3
15 3714 CARELESS DRIVING. 3
16 3745 LEAVING SCENE OF ACCIDENT
17 INVOLVING PROPERTY DAMAGE ONLY. 4
18 * * *
19 SECTION 4. SECTION 1901(C)(16) OF TITLE 75 IS AMENDED AND
20 THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
21 § 1901. EXEMPTION OF PERSONS, ENTITIES AND VEHICLES FROM FEES.
22 * * *
23 (C) PROCESSING FEE IN LIEU OF REGISTRATION FEE.--NO
24 REGISTRATION FEE SHALL BE CHARGED FOR VEHICLES REGISTERED BY ANY
25 OF THE FOLLOWING BUT THE DEPARTMENT SHALL CHARGE A FEE OF $10 TO
26 COVER THE COSTS OF PROCESSING FOR ISSUING OR RENEWING THE
27 REGISTRATION:
28 * * *
29 (16) ANY PERSON WHO IS RETIRED AND RECEIVING SOCIAL
30 SECURITY OR OTHER PENSION AND WHOSE TOTAL ANNUAL INCOME DOES
19970H0433B4169 - 12 -
1 NOT EXCEED [$14,999 PER YEAR] $19,200. UNLESS THE RETIRED
2 PERSON IS PHYSICALLY OR MENTALLY INCAPABLE OF DRIVING THE
3 VEHICLE, THE RETIRED PERSON SHALL BE THE PRINCIPAL DRIVER OF
4 THE VEHICLE BUT MAY FROM TIME TO TIME AUTHORIZE ANOTHER
5 PERSON TO DRIVE THE VEHICLE IN HIS OR HER STEAD.
6 * * *
7 (23) NONPROFIT CORPORATIONS THAT PROVIDE AMBULANCE OR
8 EMERGENCY MEDICAL SERVICES.
9 * * *
10 SECTION 5. SECTION 1902 OF TITLE 75 IS AMENDED BY ADDING A
11 PARAGRAPH TO READ:
12 § 1902. EXEMPTIONS FROM OTHER FEES.
13 NO FEE SHALL BE CHARGED UNDER THIS TITLE FOR OR TO ANY OF THE
14 FOLLOWING:
15 * * *
16 (9) A PERSON TRANSPORTING A CHRISTMAS TREE FOR A
17 GOVERNMENTAL ENTITY AT NO CHARGE.
18 SECTION 6. SECTION 3112(A)(3) OF TITLE 75 IS AMENDED TO
19 READ:
20 § 3112. TRAFFIC-CONTROL SIGNALS.
21 (A) GENERAL RULE.--WHENEVER TRAFFIC IS CONTROLLED BY
22 TRAFFIC-CONTROL SIGNALS EXHIBITING DIFFERENT COLORED LIGHTS, OR
23 COLORED LIGHTED ARROWS, SUCCESSIVELY ONE AT A TIME OR IN
24 COMBINATION, ONLY THE COLORS GREEN, RED AND YELLOW SHALL BE
25 USED, EXCEPT FOR SPECIAL PEDESTRIAN SIGNALS CARRYING A WORD
26 LEGEND, AND THE LIGHTS SHALL INDICATE AND APPLY TO DRIVERS OF
27 VEHICLES AND PEDESTRIANS AS FOLLOWS:
28 * * *
29 (3) STEADY RED INDICATION.--
30 (I) VEHICULAR TRAFFIC FACING A STEADY RED SIGNAL
19970H0433B4169 - 13 -
1 ALONE SHALL STOP AT A CLEARLY MARKED STOP LINE, OR IF
2 NONE, BEFORE ENTERING THE CROSSWALK ON THE NEAR SIDE OF
3 THE INTERSECTION, OR IF NONE, THEN BEFORE ENTERING THE
4 INTERSECTION AND SHALL REMAIN STANDING UNTIL AN
5 INDICATION TO PROCEED IS SHOWN EXCEPT AS PROVIDED IN
6 SUBPARAGRAPH (II).
7 (II) UNLESS [A SIGN] SIGNING IS IN PLACE PROHIBITING
8 A TURN, VEHICULAR TRAFFIC FACING A STEADY RED SIGNAL MAY
9 ENTER THE INTERSECTION TO TURN RIGHT, OR TO TURN LEFT
10 FROM A ONE-WAY [ROADWAY] HIGHWAY ONTO A ONE-WAY [ROADWAY]
11 HIGHWAY AFTER STOPPING AS REQUIRED BY SUBPARAGRAPH (I).
12 SUCH VEHICULAR TRAFFIC SHALL YIELD THE RIGHT-OF-WAY TO
13 PEDESTRIANS LAWFULLY WITHIN AN ADJACENT CROSSWALK AND TO
14 OTHER TRAFFIC LAWFULLY USING THE INTERSECTION.
15 (III) UNLESS OTHERWISE DIRECTED BY A PEDESTRIAN-
16 CONTROL SIGNAL AS PROVIDED IN SECTION 3113, PEDESTRIANS
17 FACING A STEADY RED SIGNAL ALONE SHALL NOT ENTER THE
18 ROADWAY.
19 * * *
20 SECTION 7. SECTION 3341 OF TITLE 75 IS AMENDED BY ADDING A
21 SUBSECTION TO READ:
22 § 3341. OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN.
23 * * *
24 (C) PENALTIES.--A VIOLATION OF SUBSECTION (A) CONSTITUTES A
25 SUMMARY OFFENSE PUNISHABLE BY A FINE OF FROM $50 TO $200. A
26 VIOLATION OF SUBSECTION (B) CONSTITUTES A SUMMARY OFFENSE
27 PUNISHABLE BY A FINE OF FROM $200 TO $500.
28 SECTION 8. SECTION 3342 OF TITLE 75 IS AMENDED TO READ:
29 § 3342. VEHICLES REQUIRED TO STOP AT RAILROAD CROSSINGS.
30 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (C), THE
19970H0433B4169 - 14 -
1 DRIVER OF ANY VEHICLE DESCRIBED IN [REGULATIONS ISSUED PURSUANT
2 TO SUBSECTION (D) OR DESCRIBED IN] SUBSECTION [(E)] (B), BEFORE
3 CROSSING AT GRADE ANY TRACK OR TRACKS OF A RAILROAD, SHALL STOP
4 THE VEHICLE WITHIN 50 FEET BUT NOT LESS THAN 15 FEET FROM THE
5 NEAREST RAIL OF THE RAILROAD CROSSING AND WHILE SO STOPPED SHALL
6 LISTEN AND LOOK IN BOTH DIRECTIONS ALONG THE TRACK FOR ANY
7 APPROACHING TRAIN, AND FOR SIGNALS INDICATING THE APPROACH OF A
8 TRAIN[, AND SHALL NOT PROCEED UNTIL IT CAN BE DONE SAFELY. AFTER
9 STOPPING AND UPON PROCEEDING WHEN]. WHEN IT IS SAFE TO DO SO,
10 THE DRIVER OF THE VEHICLE SHALL [CROSS] DRIVE THE VEHICLE ACROSS
11 THE TRACKS ONLY IN SUCH GEAR OF THE VEHICLE THAT THERE WILL BE
12 NO NECESSITY FOR MANUALLY CHANGING GEARS WHILE TRAVERSING THE
13 CROSSING [AND THE]. THE DRIVER SHALL NOT MANUALLY SHIFT GEARS
14 WHILE CROSSING THE TRACK OR TRACKS.
15 [(B) SCHOOL BUSES.--A SCHOOL BUS, WHETHER OR NOT CARRYING
16 PASSENGERS, SHALL STOP AT ALL RAILROAD CROSSINGS DESIGNATED BY
17 APPROPRIATE SIGNS, SIGNALS OR MARKERS EXCEPT THOSE CROSSINGS AT
18 WHICH TRAFFIC IS CONTROLLED BY A POLICE OFFICER OR FLAGMAN AND
19 THOSE CROSSINGS LOCATED ON A LIMITED ACCESS HIGHWAY.]
20 (B) VEHICLES SUBJECT TO STOPPING REQUIREMENT.--THIS SECTION
21 SHALL APPLY TO THE FOLLOWING VEHICLES:
22 (1) ANY VEHICLE DESIGNATED BY THE DEPARTMENT IN
23 ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (D).
24 (2) A SCHOOL BUS, WHETHER OR NOT CARRYING PASSENGERS.
25 (3) EVERY TRUCK AND TRACTOR COMBINATION WHICH CARRIES
26 GASOLINE, DIESEL FUEL, FUEL OIL, EXPLOSIVES OR RADIOACTIVE
27 MATERIALS.
28 (C) EXCEPTIONS.--[EXCEPT AS PROVIDED IN SUBSECTION (B),
29 THIS] THIS SECTION DOES NOT APPLY AT ANY OF THE FOLLOWING:
30 (1) ANY RAILROAD GRADE CROSSING AT WHICH TRAFFIC IS
19970H0433B4169 - 15 -
1 CONTROLLED BY A POLICE OFFICER OR FLAGMAN.
2 (2) ANY RAILROAD GRADE CROSSING AT WHICH TRAFFIC IS
3 REGULATED BY A FUNCTIONING HIGHWAY TRAFFIC-CONTROL SIGNAL
4 TRANSMITTING A GREEN INDICATION FOR THE DIRECTION OF TRAVEL
5 OF THE VEHICLE.
6 (3) ANY RAILROAD GRADE CROSSING AT WHICH AN OFFICIAL
7 TRAFFIC-CONTROL DEVICE GIVES NOTICE THAT THE STOPPING
8 REQUIREMENT IMPOSED BY THIS SECTION DOES NOT APPLY.
9 (4) ANY ABANDONED RAILROAD GRADE CROSSING WHICH IS
10 MARKED BY THE FORMER RAIL OPERATOR WITH A SIGN INDICATING
11 THAT THE RAIL LINE IS ABANDONED.
12 (5) AN INDUSTRIAL OR SPUR LINE RAILROAD GRADE CROSSING
13 MARKED WITH A SIGN READING "EXEMPT." SUCH A SIGN SHALL BE
14 ERECTED ONLY BY OR WITH THE CONSENT OF THE PENNSYLVANIA
15 PUBLIC UTILITY COMMISSION.
16 (D) [REGULATIONS DEFINING] NOTICE OF VEHICLES SUBJECT TO
17 SECTION.--THE DEPARTMENT SHALL [ADOPT SUCH REGULATIONS AS MAY BE
18 NECESSARY] PUBLISH IN THE PENNSYLVANIA BULLETIN A NOTICE
19 DESCRIBING THE VEHICLES WHICH MUST COMPLY WITH THE STOPPING
20 REQUIREMENTS OF THIS SECTION. IN [FORMULATING THE REGULATIONS]
21 DEVELOPING THE LIST OF VEHICLES, THE DEPARTMENT SHALL GIVE
22 CONSIDERATION TO THE HAZARDOUS NATURE OF ANY SUBSTANCE CARRIED
23 BY THE VEHICLE AS DETERMINED BY THE DEPARTMENT AND TO THE NUMBER
24 OF PASSENGERS CARRIED BY THE VEHICLE IN DETERMINING WHETHER THE
25 VEHICLE SHALL BE REQUIRED TO STOP. [THESE REGULATIONS SHALL BE
26 DEVELOPED IN CONJUNCTION WITH THE PENNSYLVANIA PUBLIC UTILITY
27 COMMISSION AND THE URBAN MASS TRANSPORTATION AUTHORITY AND] THIS
28 LIST OF VEHICLES SHALL CORRELATE WITH AND SO FAR AS POSSIBLE
29 CONFORM TO THE [CURRENT] REGULATIONS OF THE UNITED STATES
30 DEPARTMENT OF TRANSPORTATION AS AMENDED FROM TIME TO TIME.
19970H0433B4169 - 16 -
1 (E) [MANDATORY REQUIREMENT TO STOP.--EVERY TRUCK AND TRUCK
2 TRACTOR COMBINATION WHICH CARRIES GASOLINE, DIESEL FUEL, FUEL
3 OIL, EXPLOSIVES OR RADIOACTIVE MATERIALS DESIGNATED IN
4 DEPARTMENT REGULATIONS SHALL STOP AT EVERY RAILROAD CROSSING AS
5 REQUIRED BY THIS SECTION. THE DRIVER OF THE TRUCK AND TRUCK
6 TRACTOR COMBINATION] USE OF VEHICLE HAZARD LIGHTS.--THE DRIVER
7 OF ANY VEHICLE MENTIONED IN SUBSECTION (B)(2) AND (3) SHALL
8 ACTIVATE THE VEHICLE HAZARD LIGHTS WHEN STOPPING AT THE RAILROAD
9 CROSSING.
10 (F) PENALTY.--A VIOLATION OF THIS SECTION CONSTITUTES A
11 SUMMARY OFFENSE PUNISHABLE BY A FINE OF FROM [$50] $100 TO
12 [$100] $150, EXCEPT THAT A VIOLATION OF SUBSECTION (B) OR (E)
13 SHALL BE PUNISHABLE BY A FINE OF FROM [$100] $200 TO [$300]
14 $500.
15 SECTION 9. SECTION 3551 OF TITLE 75 IS AMENDED BY ADDING A
16 SUBSECTION TO READ:
17 § 3551. COMPLIANCE WITH BRIDGE AND RAILROAD WARNING SIGNALS.
18 * * *
19 (C) PENALTY.--A VIOLATION OF THIS SECTION CONSTITUTES A
20 SUMMARY OFFENSE PUNISHABLE BY A FINE OF NOT LESS THAN $50 NOR
21 MORE THAN $150.
22 SECTION 10. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
23 § 3719. PASSENGERS IN OPEN TRUCKS AND TRAILERS.
24 AN OPEN-BED PICKUP TRUCK, OPEN FLATBED TRUCK OR MOTOR VEHICLE
25 TOWING AN OPEN FLATBED TRAILER SHALL NOT BE DRIVEN AT A SPEED OF
26 MORE THAN 35 MILES PER HOUR IF ANY PERSON IS OCCUPYING THE BED
27 OF THE TRUCK OR TRAILER. SUCH A TRUCK OR TRAILER SHALL NOT BE
28 DRIVEN AT ANY SPEED IF A CHILD LESS THAN 12 YEARS OF AGE IS
29 OCCUPYING THE BED OF THE TRUCK OR TRAILER.
30 SECTION 11. SECTIONS 3735 AND 3742.1 OF TITLE 75 ARE AMENDED
19970H0433B4169 - 17 -
1 TO READ:
2 § 3735. HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE.
3 (A) OFFENSE DEFINED.--ANY PERSON WHO UNINTENTIONALLY CAUSES
4 THE DEATH OF ANOTHER PERSON AS THE RESULT OF A VIOLATION OF
5 SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
6 CONTROLLED SUBSTANCE) AND WHO IS CONVICTED OF VIOLATING SECTION
7 3731 IS GUILTY OF A FELONY OF THE SECOND DEGREE WHEN THE
8 VIOLATION IS THE CAUSE OF DEATH AND THE SENTENCING COURT SHALL
9 ORDER THE PERSON TO SERVE A MINIMUM TERM OF IMPRISONMENT OF NOT
10 LESS THAN THREE YEARS. A [SEPARATE] CONSECUTIVE THREE-YEAR TERM
11 OF IMPRISONMENT SHALL BE IMPOSED FOR EACH VICTIM WHOSE DEATH IS
12 THE [DIRECT] RESULT OF THE VIOLATION OF SECTION 3731.
13 (B) APPLICABILITY OF SENTENCING GUIDELINES.--THE SENTENCING
14 GUIDELINES PROMULGATED BY THE PENNSYLVANIA COMMISSION ON
15 SENTENCING SHALL NOT SUPERSEDE THE MANDATORY PENALTY OF THIS
16 SECTION.
17 § 3742.1. ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE
18 NOT PROPERLY LICENSED.
19 (A) OFFENSE DEFINED.--A PERSON WHOSE OPERATING PRIVILEGE WAS
20 CANCELED, RECALLED, REVOKED OR SUSPENDED AND NOT RESTORED OR WHO
21 DOES NOT HOLD A VALID DRIVER'S LICENSE COMMITS AN OFFENSE UNDER
22 THIS SECTION IF THE PERSON WAS THE DRIVER OF ANY VEHICLE AND
23 CAUSED AN ACCIDENT RESULTING IN INJURY OR DEATH OF ANY PERSON
24 [AND WHOSE OPERATING PRIVILEGE AT THE TIME OF THE ACCIDENT IS
25 CANCELED, RECALLED, REVOKED OR SUSPENDED AND NOT RESTORED OR WHO
26 AT THE TIME OF THE ACCIDENT HAD NOT BEEN ISSUED A VALID DRIVER'S
27 LICENSE].
28 (B) PENALTIES.--
29 (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY
30 PERSON VIOLATING SUBSECTION (A) COMMITS A MISDEMEANOR OF THE
19970H0433B4169 - 18 -
1 SECOND DEGREE. [IF AT THE TIME OF THE ACCIDENT THE PERSON'S
2 OPERATING PRIVILEGE IS CANCELED, RECALLED, REVOKED OR
3 SUSPENDED AND NOT RESTORED. IF THE PERSON HAD NOT BEEN ISSUED
4 A VALID DRIVER'S LICENSE, THE OFFENSE IS A MISDEMEANOR OF THE
5 THIRD DEGREE.]
6 (2) IF THE VICTIM SUFFERS SERIOUS BODILY INJURY OR
7 DEATH, ANY PERSON VIOLATING SUBSECTION (A) COMMITS A FELONY
8 OF THE THIRD DEGREE. [IF AT THE TIME OF THE ACCIDENT THE
9 PERSON'S OPERATING PRIVILEGE IS CANCELED, RECALLED, REVOKED
10 OR SUSPENDED AND NOT RESTORED. IF THE PERSON HAD NOT BEEN
11 ISSUED A VALID DRIVER'S LICENSE, THE OFFENSE IS A MISDEMEANOR
12 OF THE FIRST DEGREE.]
13 (3) ANY MOTOR VEHICLE, AS DEFINED IN SECTION 102
14 (RELATING TO DEFINITIONS), USED IN THE COMMISSION OF AN
15 OFFENSE UNDER THIS SECTION MAY BE DEEMED CONTRABAND AND
16 FORFEITED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN 18
17 PA.C.S. § 6501(D) (RELATING TO SCATTERING RUBBISH) [IF THE
18 DRIVER'S OPERATING PRIVILEGE IS CANCELED, RECALLED, REVOKED
19 OR SUSPENDED AND NOT RESTORED AT THE TIME OF THE ACCIDENT].
20 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE TERM "SERIOUS
21 BODILY INJURY" MEANS ANY BODILY INJURY WHICH CREATES A
22 SUBSTANTIAL RISK OF DEATH OR WHICH CAUSES SERIOUS, PERMANENT
23 DISFIGUREMENT OR PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION
24 OF ANY BODILY MEMBER OR ORGAN.
25 SECTION 12. SECTION 4107 OF TITLE 75 IS AMENDED BY ADDING A
26 SUBSECTION TO READ:
27 § 4107. UNLAWFUL ACTIVITIES.
28 * * *
29 (E) EXCEPTION FOR CERTAIN FROZEN DESSERT TRUCKS.--ANY FROZEN
30 DESSERT TRUCK WHICH IS EQUIPPED WITH A SIDE STOP SIGNAL ARM AND
19970H0433B4169 - 19 -
1 FLASHING OR REVOLVING RED OR AMBER LIGHTS MAY BE OPERATED WITHIN
2 THIS COMMONWEALTH WITHOUT VIOLATING THE PROVISIONS OF THIS PART
3 AND SECTIONS 4552 (RELATING TO GENERAL REQUIREMENTS FOR SCHOOL
4 BUSES), 4571 (RELATING TO VISUAL AND AUDIBLE SIGNALS ON
5 EMERGENCY VEHICLES) AND 4572 (RELATING TO VISUAL SIGNALS ON
6 AUTHORIZED VEHICLES) SO LONG AS THE SIDE STOP SIGNAL ARM AND THE
7 FLASHING OR REVOLVING RED OR AMBER LIGHTS ARE NOT UTILIZED OR
8 ACTIVATED WITHIN THIS COMMONWEALTH.
9 SECTION 13. SECTIONS 4303(A) AND 4306(C) OF TITLE 75 ARE
10 AMENDED TO READ:
11 § 4303. GENERAL LIGHTING REQUIREMENTS.
12 (A) HEAD LAMPS.--EVERY VEHICLE, EXCEPT TRAILERS, OPERATED ON
13 A HIGHWAY SHALL BE EQUIPPED WITH A HEAD LAMP SYSTEM IN
14 CONFORMANCE WITH REGULATIONS OF THE DEPARTMENT. THE REGULATIONS
15 SHALL NOT PROHIBIT A BUS FROM BEING EQUIPPED WITH DEVICES USED
16 TO CARRY PEDALCYCLES ON THE FRONT OF THE BUS.
17 * * *
18 § 4306. USE OF MULTIPLE-BEAM ROAD LIGHTING EQUIPMENT.
19 * * *
20 (C) EXCEPTION.--
21 (1) A POLICE OR SHERIFF VEHICLE WHICH IS EQUIPPED WITH A
22 FLASHING HEADLAMP SYSTEM THAT CONFORMS TO REGULATIONS
23 PROMULGATED BY THE DEPARTMENT SHALL BE EXEMPT FROM THE
24 PROVISIONS OF THIS SECTION ONLY WHEN THE VEHICLE IS BEING
25 USED PURSUANT TO THE PROVISIONS OF SECTION 4571(E) (RELATING
26 TO VISUAL AND AUDIBLE SIGNALS ON EMERGENCY VEHICLES).
27 (2) NOTHING IN THIS SECTION SHALL LIMIT DRIVERS FROM
28 FLASHING HIGH BEAMS AT ONCOMING VEHICLES AS A WARNING OF
29 ROADWAY EMERGENCIES OR OTHER DANGEROUS OR HAZARDOUS
30 CONDITIONS AHEAD.
19970H0433B4169 - 20 -
1 * * *
2 SECTION 14. SECTION 4552 OF TITLE 75 IS AMENDED BY ADDING
3 SUBSECTIONS TO READ:
4 § 4552. GENERAL REQUIREMENTS FOR SCHOOL BUSES.
5 * * *
6 (B.2) USE OF FRONT CROSSING CONTROL ARM.--EVERY SCHOOL BUS
7 SHALL BE EQUIPPED WITH A CROSSING CONTROL ARM ON THE FRONT OF
8 THE VEHICLE. THE CROSSING CONTROL ARM SHALL BE AUTOMATICALLY
9 ACTIVATED WHENEVER THE BUS IS STOPPED WITH THE RED VISUAL
10 SIGNALS IN USE. THE CROSSING CONTROL ARM IS MANDATED ACCORDING
11 TO THE FOLLOWING SCHEDULE:
12 (1) SCHOOL BUSES MAY BE EQUIPPED WITH AND USE A CROSSING
13 CONTROL ARM ON JANUARY 1, 1998.
14 (2) EVERY SCHOOL BUS PURCHASED AND MANUFACTURED AFTER
15 JULY 1, 1998, SHALL BE EQUIPPED WITH A CROSSING CONTROL ARM.
16 (3) BY JULY 1, 2000, EVERY SCHOOL BUS SHALL BE EQUIPPED
17 WITH A CROSSING CONTROL ARM.
18 (B.3) STROBE LIGHT.--SCHOOL BUSES MAY BE EQUIPPED WITH A
19 BRIGHT WHITE STROBE LIGHT AFFIXED TO THE ROOF.
20 * * *
21 SECTION 15. SECTION 4923 OF TITLE 75 IS AMENDED TO READ:
22 § 4923. LENGTH OF VEHICLES.
23 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), NO
24 MOTOR VEHICLE, INCLUDING ANY LOAD AND BUMPERS, SHALL EXCEED AN
25 OVERALL LENGTH OF 40 FEET.
26 (B) EXCEPTIONS.--THE LIMITATIONS OF (A) DO NOT APPLY TO THE
27 FOLLOWING:
28 (1) ANY MOTOR VEHICLE EQUIPPED WITH A BOOM OR BOOM-LIKE
29 DEVICE IF THE VEHICLE DOES NOT EXCEED 55 FEET.
30 (2) ANY COMBINATION TRANSPORTING ARTICLES WHICH DO NOT
19970H0433B4169 - 21 -
1 EXCEED 70 FEET IN LENGTH AND ARE NONDIVISIBLE AS TO LENGTH.
2 (3) ANY BUS OF AN ARTICULATED DESIGN WHICH DOES NOT
3 EXCEED 60 FEET.
4 (4) ANY MOTOR VEHICLE TOWING A DISABLED MOTOR VEHICLE TO
5 A LOCATION FOR REPAIR OR TO SOME OTHER PLACE OF SAFETY.
6 (5) A COMBINATION OTHER THAN A STINGER-STEERED
7 AUTOMOBILE OR BOAT TRANSPORTER DESIGNED AND USED EXCLUSIVELY
8 FOR CARRYING MOTOR VEHICLES IF THE OVERALL LENGTH OF THE
9 COMBINATION AND LOAD DOES NOT EXCEED 65 FEET. WHEN DRIVEN AS
10 DESCRIBED IN SECTION 4908 (RELATING TO OPERATION OF CERTAIN
11 COMBINATIONS ON INTERSTATE AND OTHER HIGHWAYS), THE LOAD MAY
12 EXTEND BEYOND THE 65-FOOT LIMIT OF SUCH A COMBINATION BY NO
13 MORE THAN THREE FEET IN THE FRONT AND NO MORE THAN FOUR FEET
14 TO THE REAR. SADDLE-MOUNT, INCLUDING THOSE COMBINATIONS NOT
15 IN EXCESS OF 75 FEET IN LENGTH AS DESCRIBED IN SECTION
16 4904(D) (RELATING TO LIMITS ON NUMBER OF TOWED VEHICLES), AND
17 FULL-MOUNT MECHANISMS SHALL QUALIFY UNDER THIS EXCEPTION.
18 (6) ANY COMBINATION CONSISTING OF A TRUCK TRACTOR AND
19 ONE OR TWO TRAILERS. THE LENGTH OF A SINGLE TRAILER SHALL NOT
20 EXCEED 53 FEET, PROVIDED THE DISTANCE BETWEEN THE KINGPIN OF
21 THE TRAILER AND THE CENTER LINE OF THE REAR AXLE OR REAR AXLE
22 GROUP DOES NOT EXCEED 41 FEET OR, IN THE CASE OF A TRAILER
23 USED EXCLUSIVELY OR PRIMARILY TO TRANSPORT VEHICLES IN
24 CONNECTION WITH MOTOR SPORTS COMPETITION EVENTS, DOES NOT
25 EXCEED 46 FEET; AND THE LENGTH OF EACH DOUBLE TRAILER SHALL
26 NOT EXCEED 28 1/2 FEET.
27 (7) ANY MAXI-CUBE VEHICLE WHEN DRIVEN AS DESCRIBED IN
28 SECTION 4908.
29 (8) ANY STINGER-STEERED AUTOMOBILE OR BOAT TRANSPORTER.
30 (9) ANY BUS EQUIPPED WITH DEVICES USED TO CARRY
19970H0433B4169 - 22 -
1 PEDALCYCLES IF THE DEVICES, INCLUDING THE PEDALCYCLES, DO NOT
2 EXTEND MORE THAN 36 INCHES FROM THE FRONT OF THE BUS AND THE
3 HANDLEBARS OF THE PEDALCYCLES DO NOT EXTEND MORE THAN 42
4 INCHES FROM THE FRONT OF THE BUS.
5 SECTION 16. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
6 § 6128. DEALING IN OFFICIAL TRAFFIC-CONTROL DEVICES OR BRIDGE
7 PARTS.
8 (A) GENERAL RULE.--A PERSON COMMITS A SUMMARY OFFENSE IF HE
9 KNOWINGLY PURCHASES, SELLS OR OFFERS FOR SALE AN OFFICIAL
10 TRAFFIC-CONTROL DEVICE OR AN IDENTIFIABLE RAILING OR OTHER PART
11 OF A PUBLIC BRIDGE.
12 (B) PRESUMPTION.--AN OFFICIAL TRAFFIC-CONTROL DEVICE OR AN
13 IDENTIFIABLE RAILING OR OTHER PART OF A PUBLIC BRIDGE FOUND IN
14 THE PLACE OF BUSINESS OF A PERSON WHO DEALS IN SCRAP METAL SHALL
15 BE PRESUMED TO BE OFFERED FOR SALE BY THE SCRAP METAL DEALER.
16 (C) EXCEPTION.--THIS SECTION SHALL NOT APPLY TO SALES BY OR
17 TO THE COMMONWEALTH OR LOCAL AUTHORITIES OR THEIR AGENTS OR
18 CONTRACTORS OR MANUFACTURERS OR FABRICATORS.
19 (D) PENALTY.--A PERSON WHO VIOLATES THE PROVISIONS OF THIS
20 SECTION SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF
21 $100 FOR EACH OFFICIAL TRAFFIC-CONTROL DEVICE OR IDENTIFIABLE
22 PIECE OF RAILING OR OTHER PART OF A PUBLIC BRIDGE HE IS
23 CONVICTED OF PURCHASING, SELLING OR OFFERING FOR SALE.
24 SECTION 17. SECTIONS 6308 AND 6503 OF TITLE 75 ARE AMENDED
25 TO READ:
26 § 6308. Investigation by police officers.
27 (a) Duty of operator or pedestrian.--The operator of any
28 vehicle or any pedestrian reasonably believed to have violated
29 any provision of this title shall stop upon request or signal of
30 any police officer and shall, upon request, exhibit a
19970H0433B4169 - 23 -
1 registration card, driver's license and information relating to
2 financial responsibility, or other means of identification if a
3 pedestrian or driver of a pedalcycle, and shall write their name
4 in the presence of the police officer if so required for the
5 purpose of establishing identity.
6 (b) Authority of police officer.--Whenever a police officer
7 is engaged in a systematic program of checking vehicles or
8 drivers or has articulable and reasonable grounds to suspect a
9 violation of this title, he may stop a vehicle, upon request or
10 signal, for the purpose of checking the vehicle's registration,
11 proof of financial responsibility, vehicle identification number
12 or engine number or the driver's license, or to secure such
13 other information as the officer may reasonably believe to be
14 necessary to enforce the provisions of this title.
15 (c) Inspection of garages and dealer premises.--Any police
16 officer or authorized department employee may inspect any
17 vehicle in any garage or repair shop or on the premises of any
18 dealer, miscellaneous motor vehicle business, salvage motor
19 vehicle auction or pool operator, salvor, scrap metal processor,
20 or other public place of business for the purpose of locating
21 stolen vehicles or parts or vehicles or vehicle parts with
22 identification numbers removed or falsified. The owner of the
23 garage or repair shop or the dealer or other person shall permit
24 any police officer or authorized department employee to make
25 investigations under this subsection.
26 (d) Records.--Every salvor, miscellaneous motor vehicle
27 business, salvage motor vehicle auction or pool operator, scrap
28 metal processor and dealer shall keep accurate records of motor
29 vehicle sales and dispositions. The records shall include the
30 make, year and type of vehicle, from whom purchased or acquired
19970H0433B4169 - 24 -
1 and date, vehicle identification number and date of sale or
2 disposition of vehicle. The records shall be available on the
3 premises of the salvor, miscellaneous motor vehicle business,
4 salvage motor vehicle auction or pool operator, scrap metal
5 processor and dealer and open to inspection by any police
6 officer or authorized department employee. The records shall be
7 maintained for three years from the date of disposition of the
8 vehicle.
9 (d.1) Production to avoid penalty.--No person shall be
10 convicted of failing to have in his possession any of the
11 documents required to be exhibited by UNDER subsection (a) or <--
12 (b) if the person produces the requested documents at the office
13 of the issuing authority or the police officer within 15 days
14 after demand is made by the police officer if the documents were
15 valid in this Commonwealth at the time of the request.
16 (e) Penalty.--Any person violating subsection (d) commits a
17 misdemeanor of the third degree.
18 Section 2. This act shall take effect immediately. <--
19 § 6503. SUBSEQUENT CONVICTIONS OF CERTAIN OFFENSES. <--
20 EVERY PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF
21 ANY OF THE FOLLOWING PROVISIONS WITHIN SEVEN YEARS OF THE DATE
22 OF COMMISSION OF THE OFFENSE PRECEDING THE OFFENSE FOR WHICH A
23 SENTENCE IS TO BE IMPOSED SHALL BE SENTENCED TO PAY A FINE OF
24 NOT LESS THAN $200 NOR MORE THAN $1,000 OR TO IMPRISONMENT FOR
25 NOT MORE THAN SIX MONTHS, OR BOTH:
26 SECTION 1501(A) (RELATING TO DRIVERS REQUIRED TO BE
27 LICENSED).
28 SECTION 1543 (RELATING TO DRIVING WHILE OPERATING
29 PRIVILEGE IS SUSPENDED OR REVOKED).
30 SECTION 3367 (RELATING TO RACING ON HIGHWAYS).
19970H0433B4169 - 25 -
1 SECTION 3733 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE
2 POLICE OFFICER).
3 SECTION 3734 (RELATING TO DRIVING WITHOUT LIGHTS TO AVOID
4 IDENTIFICATION OR ARREST).
5 SECTION 3748 (RELATING TO FALSE REPORTS).
6 SECTION 18. SECTION 9017 OF TITLE 75 IS REENACTED AND
7 AMENDED TO READ:
8 § 9017. REFUNDS.
9 (A) FEDERAL GOVERNMENT; ERRORS.--THE [BOARD OF FINANCE AND
10 REVENUE] DEPARTMENT OF REVENUE MAY REFUND TO DISTRIBUTORS TAXES,
11 PENALTIES AND INTEREST PAID BY THEM ON LIQUID FUELS AND FUELS
12 DELIVERED TO THE FEDERAL GOVERNMENT OR PAID AS THE RESULT OF AN
13 ERROR OF LAW OR OF FACT. CLAIMS FOR REFUNDS MUST BE MADE UNDER
14 THE PROCEDURE PRESCRIBED BY [THE ACT OF APRIL 9, 1929 (P.L.343,
15 NO.176), KNOWN AS THE FISCAL CODE.] SECTION 3003.1 OF THE ACT OF
16 MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF
17 1971.
18 (A.1) REIMBURSEMENTS AND REFUNDS BY BOARD.--THE BOARD OF
19 FINANCE AND REVENUE MAY MAKE REIMBURSEMENTS AND REFUNDS OF
20 LIQUID FUELS AND FUELS TAXES AS PROVIDED UNDER SUBSECTIONS (B),
21 (C), (E) AND (E.1).
22 (B) FARM TRACTORS AND VOLUNTEER FIRE RESCUE AND AMBULANCE
23 SERVICES.--A PERSON SHALL BE REIMBURSED THE FULL AMOUNT OF THE
24 TAX IMPOSED BY THIS CHAPTER IF THE PERSON USES OR BUYS LIQUID
25 FUELS AND FUELS ON WHICH THE TAX IMPOSED BY THIS CHAPTER HAS
26 BEEN PAID AND CONSUMES THEM:
27 (1) IN THE OPERATION OF ANY NONLICENSED FARM TRACTOR OR
28 LICENSED FARM TRACTOR WHEN USED OFF THE HIGHWAYS FOR
29 AGRICULTURAL PURPOSES RELATING TO THE ACTUAL PRODUCTION OF
30 FARM PRODUCTS; OR
19970H0433B4169 - 26 -
1 (2) IN THE OPERATION OF A VEHICLE OF A VOLUNTEER FIRE
2 COMPANY, VOLUNTEER AMBULANCE SERVICE OR VOLUNTEER RESCUE
3 SQUAD.
4 (C) MOTORBOATS AND WATERCRAFT.--
5 (1) WHEN THE TAX IMPOSED BY THIS CHAPTER HAS BEEN PAID
6 AND THE FUEL ON WHICH THE TAX HAS BEEN IMPOSED HAS BEEN
7 CONSUMED IN THE OPERATION OF MOTORBOATS OR WATERCRAFT UPON
8 THE WATERS OF THIS COMMONWEALTH, INCLUDING WATERWAYS
9 BORDERING ON THIS COMMONWEALTH, THE FULL AMOUNT OF THE TAX
10 SHALL BE REFUNDED TO THE BOAT FUND ON PETITION TO THE BOARD
11 IN ACCORDANCE WITH PRESCRIBED PROCEDURES.
12 (2) IN ACCORDANCE WITH SUCH PROCEDURES, THE PENNSYLVANIA
13 FISH AND BOAT COMMISSION SHALL BIANNUALLY CALCULATE THE
14 AMOUNT OF LIQUID FUELS CONSUMED BY THE MOTORCRAFT AND FURNISH
15 THE INFORMATION RELATING TO ITS CALCULATIONS AND DATA AS
16 REQUIRED BY THE BOARD. THE BOARD SHALL REVIEW THE PETITION
17 AND MOTORBOAT FUEL CONSUMPTION CALCULATIONS OF THE
18 COMMISSION, DETERMINE THE AMOUNT OF LIQUID FUELS TAX PAID AND
19 CERTIFY TO THE STATE TREASURER TO REFUND ANNUALLY TO THE BOAT
20 FUND THE AMOUNT SO DETERMINED. THE DEPARTMENT SHALL BE
21 ACCORDED THE RIGHT TO APPEAR AT THE PROCEEDINGS AND MAKE ITS
22 VIEWS KNOWN.
23 (3) THIS MONEY SHALL BE USED BY THE COMMISSION ACTING BY
24 ITSELF OR BY AGREEMENT WITH OTHER FEDERAL AND STATE AGENCIES
25 ONLY FOR THE IMPROVEMENT OF THE WATERS OF THIS COMMONWEALTH
26 ON WHICH MOTORBOATS ARE PERMITTED TO OPERATE AND MAY BE USED
27 FOR THE DEVELOPMENT AND CONSTRUCTION OF MOTORBOAT AREAS; THE
28 DREDGING AND CLEARING OF WATER AREAS WHERE MOTORBOATS CAN BE
29 USED; THE PLACEMENT AND REPLACEMENT OF NAVIGATIONAL AIDS; THE
30 PURCHASE, DEVELOPMENT AND MAINTENANCE OF PUBLIC ACCESS SITES
19970H0433B4169 - 27 -
1 AND FACILITIES TO AND ON WATERS WHERE MOTORBOATING IS
2 PERMITTED; THE PATROLLING OF MOTORBOATING WATERS; THE
3 PUBLISHING OF NAUTICAL CHARTS IN THOSE AREAS OF THIS
4 COMMONWEALTH NOT COVERED BY NAUTICAL CHARTS PUBLISHED BY THE
5 UNITED STATES COAST AND GEODETIC SURVEY OR THE UNITED STATES
6 ARMY ENGINEERS AND THE ADMINISTRATIVE EXPENSES ARISING OUT OF
7 SUCH ACTIVITIES; AND OTHER SIMILAR PURPOSES.
8 (D) OFF-HIGHWAY RECREATIONAL VEHICLES.--
9 (1) WHEN THE TAX IMPOSED BY THIS CHAPTER HAS BEEN PAID
10 ON FUEL USED IN OFF-HIGHWAY RECREATIONAL VEHICLES WITHIN THIS
11 COMMONWEALTH, AN AMOUNT EQUAL TO THE REVENUE GENERATED BY THE
12 TAX, BUT NOT DERIVED THEREFROM, MAY BE APPROPRIATED THROUGH
13 THE GENERAL FUND TO THE DEPARTMENT OF CONSERVATION AND
14 NATURAL RESOURCES. IT IS THE INTENT OF THIS CHAPTER THAT ALL
15 PROCEEDS FROM THE TAX PAID ON FUEL USED IN OFF-HIGHWAY
16 RECREATIONAL VEHICLES WITHIN THIS COMMONWEALTH BE PAID
17 WITHOUT DIMINUTION OF THE MOTOR LICENSE FUND.
18 (2) THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
19 SHALL BIENNIALLY CALCULATE THE AMOUNT OF LIQUID FUEL CONSUMED
20 BY OFF-HIGHWAY RECREATIONAL VEHICLES AND FURNISH INFORMATION
21 RELATING TO ITS CALCULATIONS AND DATA AS MAY BE REQUIRED BY
22 THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
23 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
24 (3) THE GENERAL ASSEMBLY SHALL REVIEW THE FUEL
25 CONSUMPTION CALCULATIONS OF THE DEPARTMENT OF CONSERVATION
26 AND NATURAL RESOURCES TO DETERMINE THE AMOUNT OF LIQUID FUELS
27 TAX PAID ON LIQUID FUELS CONSUMED IN THE PROPULSION OF OFF-
28 HIGHWAY RECREATIONAL VEHICLES IN THIS COMMONWEALTH AND MAY
29 ANNUALLY APPROPRIATE TO THE DEPARTMENT OF CONSERVATION AND
30 NATURAL RESOURCES THE AMOUNT SO DETERMINED.
19970H0433B4169 - 28 -
1 (4) MONEY APPROPRIATED UNDER PARAGRAPH (3) SHALL BE USED
2 FOR THE BENEFIT OF MOTORIZED AND NONMOTORIZED RECREATIONAL
3 TRAILS BY THE DEPARTMENT OF CONSERVATION AND NATURAL
4 RESOURCES AS PROVIDED IN THE INTERMODAL SURFACE
5 TRANSPORTATION EFFICIENCY ACT OF 1991 (PUBLIC LAW 102-240,
6 105 STAT. 1914).
7 (E) AIRCRAFT.--A PERSON SHALL BE REIMBURSED IN THE AMOUNT OF
8 THE EXCESS IF A PERSON USES LIQUID FUEL ON WHICH A TAX IMPOSED
9 BY THIS CHAPTER IN EXCESS OF 1 1/2¢ PER GALLON HAS BEEN PAID IN:
10 (1) A PROPELLER-DRIVEN AIRCRAFT OR AIRCRAFT ENGINES; OR
11 (2) A JET OR TURBOJET-PROPELLED AIRCRAFT OR AIRCRAFT
12 ENGINES.
13 (E.1) MECHANICAL TEMPERATURE-CONTROL UNITS.--A PERSON SHALL
14 BE REIMBURSED IN THE AMOUNT OF THE TAX IMPOSED ON LIQUID FUEL OR
15 FUEL WHICH THAT PERSON USES TO OPERATE ANY SELF-CONTAINED
16 MECHANICAL TEMPERATURE-CONTROL UNIT THAT IS PERMANENTLY AFFIXED
17 TO AN OVER-THE-ROAD VEHICLE, BUT NOT IN EXCESS OF 100 GALLONS OF
18 LIQUID FUEL OR FUEL PER PURCHASE. CLAIMS FOR REFUNDS SHALL BE
19 FILED WITH THE DEPARTMENT OF REVENUE AND SHALL CONTAIN SUCH
20 INFORMATION AND BE ACCOMPANIED BY SUCH DOCUMENTATION AS THE
21 DEPARTMENT OF REVENUE MAY REQUIRE.
22 (F) CLAIMS, FORMS, CONTENTS, PENALTIES.--A CLAIM FOR
23 REIMBURSEMENT OR REFUND UNDER SUBSECTION (B), (C), (E) OR (E.1)
24 SHALL BE MADE UPON A FORM TO BE FURNISHED BY THE BOARD AND MUST
25 INCLUDE, IN ADDITION TO SUCH OTHER INFORMATION AS THE BOARD MAY
26 BY REGULATION PRESCRIBE, THE NAME AND ADDRESS OF THE CLAIMANT;
27 THE PERIOD OF TIME AND THE NUMBER OF GALLONS OF LIQUID FUELS
28 USED FOR WHICH REIMBURSEMENT IS CLAIMED; A DESCRIPTION OF THE
29 FARM MACHINERY, AIRCRAFT OR AIRCRAFT ENGINE IN WHICH LIQUID
30 FUELS HAVE BEEN USED; THE PURPOSES FOR WHICH THE MACHINERY,
19970H0433B4169 - 29 -
1 AIRCRAFT OR AIRCRAFT ENGINE HAS BEEN USED; AND THE SIZE OF THE
2 FARM AND PART IN CULTIVATION ON WHICH SUCH LIQUID FUELS HAVE
3 BEEN USED. A CLAIM MUST CONTAIN STATEMENTS THAT THE LIQUID FUELS
4 FOR WHICH REIMBURSEMENT IS CLAIMED HAVE BEEN USED ONLY FOR
5 PURPOSES FOR WHICH REIMBURSEMENTS ARE PERMITTED; THAT RECORDS OF
6 THE AMOUNTS OF SUCH FUELS USED IN EACH PIECE OF FARM MACHINERY,
7 AIRCRAFT OR AIRCRAFT ENGINE HAVE BEEN KEPT; AND THAT NO PART OF
8 THE CLAIM HAS BEEN PAID EXCEPT AS STATED. A CLAIM MUST CONTAIN A
9 DECLARATION THAT IT AND ACCOMPANYING RECEIPTS ARE TRUE AND
10 CORRECT TO THE BEST OF THE CLAIMANT'S KNOWLEDGE AND MUST BE
11 SIGNED BY THE CLAIMANT OR THE PERSON CLAIMING ON THE CLAIMANT'S
12 BEHALF. A CLAIM MUST BE ACCOMPANIED BY RECEIPTS INDICATING THAT
13 THE LIQUID FUELS TAX WAS PAID ON THE LIQUID FUELS OR THAT THE
14 EXCESS LIQUID FUELS TAX WAS PAID ON THE LIQUID FUELS FOR WHICH
15 REIMBURSEMENT IS CLAIMED. RECORDS OF PURCHASES OF LIQUID FUELS
16 AND USE IN EACH TRACTOR OR POWERED MACHINERY, AIRCRAFT OR
17 AIRCRAFT ENGINE SHALL BE KEPT FOR A PERIOD OF TWO YEARS. A CLAIM
18 MUST BE MADE ANNUALLY FOR THE PRECEDING YEAR ENDING ON JUNE 30.
19 A CLAIM MUST BE SUBMITTED TO THE BOARD BY SEPTEMBER 30. THE
20 BOARD SHALL REFUSE TO CONSIDER ANY CLAIM RECEIVED OR POSTMARKED
21 LATER THAN THAT DATE. THE CLAIMANT MUST SATISFY THE BOARD THAT
22 THE TAX HAS BEEN PAID AND THAT THE LIQUID FUELS HAVE BEEN
23 CONSUMED BY THE CLAIMANT FOR PURPOSES FOR WHICH REIMBURSEMENTS
24 ARE PERMITTED UNDER THIS SECTION. THE ACTION OF THE BOARD IN
25 GRANTING OR REFUSING REIMBURSEMENT SHALL BE FINAL. THE BOARD
26 SHALL DEDUCT THE SUM OF $1.50, WHICH SHALL BE CONSIDERED A
27 FILING FEE, FROM EVERY CLAIM FOR REIMBURSEMENT GRANTED. FILING
28 FEES ARE SPECIFICALLY APPROPRIATED TO THE BOARD AND TO THE
29 DEPARTMENT FOR EXPENSES INCURRED IN THE ADMINISTRATION OF THE
30 REIMBURSEMENT PROVISIONS OF THIS CHAPTER. THE BOARD HAS THE
19970H0433B4169 - 30 -
1 POWER TO REFER TO THE DEPARTMENT FOR INVESTIGATION ANY CLAIM FOR
2 REIMBURSEMENT FILED UNDER THE PROVISIONS OF THIS CHAPTER. THE
3 DEPARTMENT SHALL INVESTIGATE THE APPLICATION AND REPORT TO THE
4 BOARD. A PERSON MAKING ANY FALSE OR FRAUDULENT STATEMENT FOR THE
5 PURPOSE OF OBTAINING REIMBURSEMENT COMMITS A MISDEMEANOR OF THE
6 THIRD DEGREE.
7 (G) FUND SOURCES.--REFUNDS AND REIMBURSEMENTS OF MONEY
8 ALLOWED UNDER THIS SECTION SHALL BE PAID FROM THE MOTOR LICENSE
9 FUND AND THE LIQUID FUELS TAX FUND IN AMOUNTS EQUAL TO THE
10 ORIGINAL DISTRIBUTION AND PAYMENT OF SUCH MONEY INTO THOSE
11 FUNDS. REIMBURSEMENT FOR TAXES PAID ON LIQUID FUELS CONSUMED IN
12 THE OPERATION OF TRACTORS AND POWERED MACHINERY FOR PURPOSES
13 RELATING TO THE ACTUAL PRODUCTION OF FARM PRODUCTS AND
14 REIMBURSEMENT FOR TAXES PAID ON LIQUID FUELS USED IN AIRCRAFT OR
15 AIRCRAFT ENGINES SHALL BE PAID OUT OF THE MOTOR LICENSE FUND.
16 (H) APPROPRIATIONS; APPROVAL BY GOVERNOR.--AS MUCH OF THE
17 MONEY IN THE MOTOR LICENSE FUND AND THE LIQUID FUELS TAX FUND AS
18 MAY BE NECESSARY IS APPROPRIATED TO THE BOARD FOR THE PURPOSE OF
19 MAKING REFUNDS AND REIMBURSEMENTS AS AUTHORIZED IN THIS SECTION.
20 ESTIMATES OF THE AMOUNTS TO BE EXPENDED FROM THESE FUNDS FOR
21 REFUNDS AND REIMBURSEMENTS BY THE BOARD MUST BE SUBMITTED TO THE
22 GOVERNOR FOR APPROVAL OR DISAPPROVAL AS IN THE CASE OF OTHER
23 APPROPRIATIONS TO ADMINISTRATIVE DEPARTMENTS, BOARDS AND
24 COMMISSIONS. IT IS UNLAWFUL TO HONOR ANY REQUISITION OF THE
25 BOARD FOR THE EXPENDITURE OF MONEY UNDER THIS SECTION IN EXCESS
26 OF THE ESTIMATES APPROVED BY THE GOVERNOR.
27 SECTION 19. THIS ACT SHALL BE RETROACTIVE AS FOLLOWS:
28 (1) THE ADDITION OF 75 PA.C.S § 9017(E.1) SHALL BE
29 RETROACTIVE TO OCTOBER 1, 1997.
30 (2) THE REENACTMENT OF THE REMAINDER OF 75 PA.C.S. §
19970H0433B4169 - 31 -
1 9017 SHALL BE RETROACTIVE TO JANUARY 1, 1997.
2 SECTION 20. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
3 (1) THE AMENDMENT OF 75 PA.C.S. §§ 1514, 1535 AND 1901
4 SHALL TAKE EFFECT JULY 1, 1998, OR IMMEDIATELY, WHICHEVER IS
5 LATER.
6 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
7 DAYS.
8 SECTION 1. THE DEFINITIONS OF "MAXI-CUBE VEHICLE," "MODULAR <--
9 HOUSING UNIT," "MOTORIZED PEDALCYCLE," "PASSENGER CAR,"
10 "REGISTERED GROSS WEIGHT," "SALVOR," SPECIAL MOBILE EQUIPMENT,"
11 "TRUCK" AND "VEHICLE" IN SECTION 102 OF TITLE 75 OF THE
12 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION
13 IS AMENDED BY ADDING DEFINITIONS TO READ:
14 § 102. DEFINITIONS.
15 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
16 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
17 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
18 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
19 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
20 * * *
21 "CANCEL." TO VOID OR TERMINATE BY FORMAL ACTION OF THE
22 DEPARTMENT ANY LICENSE, REGISTRATION OR PRIVILEGE ISSUED OR
23 GRANTED BY THE DEPARTMENT TO WHICH THE INDIVIDUAL IS NO LONGER
24 ENTITLED.
25 * * *
26 "MANUFACTURED CONSTRUCTION UNIT." A BUILDING MANUFACTURED IN
27 SECTIONS IN A PRODUCTION PLANT, TRANSPORTED TO A SITE AND SET ON
28 A FOUNDATION TO FORM A COMPLETE COMMERCIAL OR INSTITUTIONAL
29 NONCOMBUSTIBLE BUILDING.
30 * * *
19970H0433B4169 - 32 -
1 "MAXI-CUBE VEHICLE." [A TRUCK TRACTOR COMBINED WITH A
2 SEMITRAILER AND A SEPARABLE CARGO-CARRYING UNIT WHICH IS
3 DESIGNED TO BE LOADED AND UNLOADED THROUGH THE SEMITRAILER
4 EXCEPT THAT THE ENTIRE COMBINATION SHALL NOT EXCEED 65 FEET IN
5 LENGTH AND THE SEPARABLE CARGO-CARRYING UNIT SHALL NOT EXCEED 34
6 FEET IN LENGTH.] A COMBINATION. THE TRUCK MAY HAVE EITHER A
7 DETACHABLE OR PERMANENTLY ATTACHED CARGO BOX. THE CARGO BOX ON
8 THE TRAILER SHALL BE DESIGNED SUCH THAT THE TRUCK MAY BE LOADED
9 AND UNLOADED THROUGH THE TRAILER. NEITHER CARGO BOX SHALL EXCEED
10 34 FEET IN LENGTH AND THE OVERALL LENGTH OF THE COMBINATION
11 SHALL NOT EXCEED 65 FEET.
12 * * *
13 "MODULAR HOUSING UNIT." A UNIT TRANSPORTED ON A REMOVABLE OR
14 NONREMOVABLE FRAME DESIGNED FOR RESIDENTIAL [OR COMMERCIAL]
15 PURPOSES WHICH IS WHOLLY OR IN SUBSTANTIAL PART FABRICATED,
16 FORMED OR ASSEMBLED IN MANUFACTURING FACILITIES FOR ASSEMBLY AND
17 INSTALLATION ON THE BUILDING SITE.
18 * * *
19 "MOTORIZED PEDALCYCLE." A MOTOR-DRIVEN CYCLE EQUIPPED WITH
20 OPERABLE PEDALS, A MOTOR RATED NO MORE THAN 1.5 BRAKE
21 HORSEPOWER, A CYLINDER CAPACITY NOT EXCEEDING 50 CUBIC
22 CENTIMETERS, AN AUTOMATIC TRANSMISSION, AND A MAXIMUM DESIGN
23 SPEED OF NO MORE THAN 25 MILES PER HOUR OR AN ELECTRIC MOTOR-
24 DRIVEN CYCLE EQUIPPED WITH OPERABLE PEDALS AND AN AUTOMATIC
25 TRANSMISSION POWERED BY AN ELECTRIC BATTERY OR BATTERY-PACK-
26 POWERED ELECTRIC MOTOR WITH A MAXIMUM DESIGN SPEED OF NO MORE
27 THAN 25 MILES PER HOUR.
28 * * *
29 "NUMBERED TRAFFIC ROUTE." A HIGHWAY WHICH HAS BEEN ASSIGNED
30 AN INTERSTATE, UNITED STATES OR PENNSYLVANIA ROUTE NUMBER,
19970H0433B4169 - 33 -
1 CONSISTING OF THREE OR FEWER DIGITS, TO AID MOTORISTS IN THEIR
2 TRAVELS.
3 * * *
4 "PASSENGER CAR." A MOTOR VEHICLE, EXCEPT A MOTORCYCLE,
5 DESIGNED PRIMARILY FOR THE TRANSPORTATION OF PERSONS AND
6 DESIGNED FOR CARRYING NO MORE THAN 15 PASSENGERS, INCLUDING THE
7 DRIVER, AND PRIMARILY USED FOR THE TRANSPORTATION OF PERSONS.
8 THE TERM INCLUDES MOTOR VEHICLES WHICH ARE DESIGNED WITH SEATS
9 THAT MAY BE READILY REMOVED AND REINSTALLED, BUT DOES NOT
10 INCLUDE SUCH VEHICLES IF USED [OR MAINTAINED] PRIMARILY FOR THE
11 TRANSPORTATION OF PROPERTY.
12 * * *
13 "REGISTERED GROSS WEIGHT."
14 (1) THE MAXIMUM GROSS WEIGHT AT WHICH A VEHICLE OR
15 COMBINATION IS REGISTERED IN THIS COMMONWEALTH TO OPERATE
16 UPON A HIGHWAY, WHICH SHALL INCLUDE THE WEIGHT AT WHICH A
17 VEHICLE OR COMBINATION IS REGISTERED FOR OPERATION IN THIS
18 COMMONWEALTH UNDER ANY SYSTEM OF PROPORTIONAL REGISTRATION
19 PURSUANT TO SUBCHAPTER C OF CHAPTER 61 (RELATING TO
20 RECIPROCITY).
21 (2) FOR THE PURPOSES OF CHAPTER 49 (RELATING TO SIZE,
22 WEIGHT AND LOAD)[, CHAPTER 99 (RELATING TO AXLE TAX FOR
23 HIGHWAY BRIDGE IMPROVEMENT)] AND THE DEFINITION OF "MOTOR
24 CARRIER VEHICLE," IF THERE IS NO REGISTERED GROSS WEIGHT AS
25 DEFINED IN PARAGRAPH (1), THEN THE TERM SHALL MEAN THE
26 MAXIMUM GROSS WEIGHT AT WHICH A VEHICLE OR COMBINATION
27 REGISTERED IN ANOTHER STATE IS REGISTERED OR OTHERWISE
28 AUTHORIZED TO OPERATE BY SUCH STATE.
29 * * *
30 "SALVOR." A PERSON ENGAGED IN THE BUSINESS OF ACQUIRING
19970H0433B4169 - 34 -
1 ABANDONED VEHICLES FOR THE PURPOSE OF TAKING APART, [JUNKING,]
2 RECYCLING, SELLING, REBUILDING OR EXCHANGING THE VEHICLES OR
3 PARTS THEREOF.
4 * * *
5 "SPECIAL MOBILE EQUIPMENT."
6 (1) VEHICLES NOT DESIGNED OR USED PRIMARILY FOR THE
7 TRANSPORTATION OF PERSONS OR PROPERTY, EXCEPT FOR TOOLS AND
8 PARTS NECESSARY FOR THE USE AND MAINTENANCE OF THE VEHICLE,
9 AND ONLY INCIDENTALLY OPERATED OR MOVED OVER A HIGHWAY[,
10 INCLUDING BUT NOT LIMITED TO:].
11 (2) VEHICLES WHICH HAVE MACHINERY PERMANENTLY ATTACHED
12 SHALL NOT CARRY A LOAD, EXCEPT FOR TOOLS AND PARTS NECESSARY
13 FOR THE USE AND MAINTENANCE OF THE PERMANENTLY ATTACHED
14 MACHINERY AND ARE ONLY INCIDENTALLY OPERATED OR MOVED OVER A
15 HIGHWAY.
16 THE TERM INCLUDES, BUT IS NOT LIMITED TO: DITCH DIGGING
17 APPARATUS, WELL BORING APPARATUS; EARTH MOVING AND ROAD
18 CONSTRUCTION AND MAINTENANCE MACHINERY, SUCH AS ASPHALT
19 SPREADERS, BITUMINOUS MIXERS, BUCKET LOADERS, SNOWPLOWS,
20 DITCHERS, GRADERS, FINISHING MACHINES, ROAD ROLLERS, SCARIFIERS,
21 EARTH MOVING CARRYALLS, SCRAPERS, POWER SHOVELS AND DRAG LINES;
22 AND SELF-PROPELLED CRANES AND TRACTORS, OTHER THAN TRUCK
23 TRACTORS. THE TERM DOES NOT INCLUDE HOUSE TRAILERS; DUMP TRUCKS;
24 OR TRUCK-MOUNTED TRANSIT MIXERS, CRANES OR SHOVELS[; OR OTHER
25 VEHICLES DESIGNED FOR THE TRANSPORTATION OF PERSONS OR PROPERTY
26 TO WHICH MACHINERY HAS BEEN ATTACHED].
27 * * *
28 "TRUCK." A MOTOR VEHICLE DESIGNED[, USED OR MAINTAINED]
29 PRIMARILY FOR THE TRANSPORTATION OF PROPERTY. THE TERM INCLUDES
30 MOTOR VEHICLES DESIGNED WITH SEATS THAT MAY BE READILY REMOVED
19970H0433B4169 - 35 -
1 AND REINSTALLED IF THOSE VEHICLES ARE PRIMARILY USED FOR THE
2 TRANSPORTATION OF PROPERTY.
3 * * *
4 "VEHICLE." EVERY DEVICE IN, UPON OR BY WHICH ANY PERSON OR
5 PROPERTY IS OR MAY BE TRANSPORTED OR DRAWN UPON A HIGHWAY,
6 EXCEPT DEVICES USED EXCLUSIVELY UPON RAILS OR TRACKS. THE TERM
7 DOES NOT INCLUDE A SELF-PROPELLED WHEEL CHAIR OR AN ELECTRICAL
8 MOBILITY DEVICE OPERATED BY AND DESIGNED FOR THE EXCLUSIVE USE
9 OF A PERSON WITH A MOBILITY-RELATED DISABILITY.
10 * * *
11 SECTION 2. SECTION 1103.1(H) OF TITLE 75 IS AMENDED AND THE
12 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
13 § 1103.1. APPLICATION FOR CERTIFICATE OF TITLE.
14 * * *
15 (G.1) VERIFICATION.--IN LIEU OF NOTARIZATION OF ANY DOCUMENT
16 REQUIRED TO BE SUBMITTED WITH THE APPLICATION FOR CERTIFICATE OF
17 TITLE, THE DEPARTMENT SHALL ACCEPT THE VERIFICATION OF A
18 PERSON'S SIGNATURE BY AN ISSUING AGENT WHO IS LICENSED AS A
19 VEHICLE DEALER BY THE STATE BOARD OF VEHICLE MANUFACTURERS,
20 DEALERS AND SALESPERSONS, OR ITS EMPLOYEE. THE ISSUING AGENT'S
21 NAME AND IDENTIFICATION NUMBER AND THE SIGNATURE OF THE ISSUING
22 AGENT OR ITS EMPLOYEE SHALL BE WRITTEN IN THE SPACE RESERVED FOR
23 A NOTARIZATION OR VERIFICATION. IF AN ISSUING AGENT OR ITS
24 EMPLOYEE FALSELY VERIFIES A PERSON'S SIGNATURE, THE DEPARTMENT
25 SHALL SUSPEND THE ISSUING AGENT'S AUTHORITY TO ISSUE TEMPORARY
26 REGISTRATION PLATES AND CARDS FOR NOT LESS THAN 30 DAYS.
27 (H) PENALTIES.--ANY PERSON WHO FALSELY VERIFIES A SIGNATURE
28 UNDER SUBSECTION (G.1) OR A VEHICLE IDENTIFICATION NUMBER UNDER
29 SUBSECTION (E)(2) OR WHO VERIFIES A VEHICLE IDENTIFICATION
30 NUMBER WITHOUT BEING AUTHORIZED AS PROVIDED IN SUBSECTION (E)(2)
19970H0433B4169 - 36 -
1 COMMITS A SUMMARY OFFENSE PUNISHABLE BY A FINE OF $300.
2 SECTION 3. SECTIONS 1111, 1113(A), (B) AND (C),
3 1119(C)(2)(II) AND (III) AND 1138(A) OF TITLE 75 ARE AMENDED TO
4 READ:
5 § 1111. TRANSFER OF OWNERSHIP OF VEHICLE.
6 (A) DUTY OF TRANSFEROR.--IN THE EVENT OF THE SALE OR
7 TRANSFER OF THE OWNERSHIP OF A VEHICLE WITHIN THIS COMMONWEALTH,
8 THE OWNER SHALL EXECUTE AN ASSIGNMENT AND WARRANTY OF TITLE TO
9 THE TRANSFEREE IN THE SPACE PROVIDED ON THE CERTIFICATE OR AS
10 THE DEPARTMENT PRESCRIBES, SWORN TO BEFORE A NOTARY PUBLIC OR
11 OTHER OFFICER EMPOWERED TO ADMINISTER OATHS, OR VERIFIED BY AN
12 ISSUING AGENT WHO IS LICENSED AS A VEHICLE DEALER BY THE STATE
13 BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS, OR ITS
14 EMPLOYEE, AND DELIVER THE CERTIFICATE TO THE TRANSFEREE AT THE
15 TIME OF THE DELIVERY OF THE VEHICLE.
16 (A.1) EXCEPTION FOR DEALERS.--WHEN A CERTIFICATE OF TITLE
17 FOR A VEHICLE ACQUIRED BY A LICENSED DEALER FOR THE PURPOSE OF
18 RESALE IS ENCUMBERED BY A LIEN, DELIVERY OF THE CERTIFICATE OF
19 TITLE BY THE DEALER AS A TRANSFEROR AT THE TIME OF DELIVERY OF
20 THE VEHICLE UPON RESALE SHALL NOT BE REQUIRED FOR A VEHICLE
21 BEING TITLED IN THIS COMMONWEALTH IF, PRIOR TO DELIVERY OF THE
22 VEHICLE, THE DEALER OBTAINS THE APPLICABLE POWERS OF ATTORNEY TO
23 PROPERLY EXECUTE TRANSFER OF THE TITLE AND THE DEALER REQUESTS
24 AND RECEIVES THE DEPARTMENTAL VERIFICATION OF ANY LIENHOLDERS,
25 OWNERSHIP, ODOMETER INFORMATION, TITLE BRANDS AND ANY OTHER
26 INFORMATION THAT THE DEPARTMENT DEEMS NECESSARY TO BE VERIFIED.
27 UPON PAYMENT OF THE ESTABLISHED FEE, THE DEPARTMENT SHALL
28 PROVIDE THE DEALER OR AUTHORIZED MESSENGER SERVICE WITH
29 VERIFICATION OF THE REQUIRED INFORMATION. THE DEPARTMENT MAY
30 SUPPLY THE VERIFIED INFORMATION BY EITHER WRITTEN OR ELECTRONIC
19970H0433B4169 - 37 -
1 MEANS. THE APPLICATION AND A PROPERLY ASSIGNED CERTIFICATE OF
2 TITLE SHALL BE DELIVERED TO THE DEPARTMENT WITHIN THE TIME
3 PERIOD PRESCRIBED BY SECTION 1103.1 (RELATING TO APPLICATION FOR
4 CERTIFICATE OF TITLE). IF A DEALER SELLS A VEHICLE AFTER
5 VERIFICATION OF THE REQUIRED INFORMATION FOR A CERTIFICATE OF
6 TITLE ENCUMBERED BY A LIEN, BUT FAILS TO SATISFY THE LIEN OR
7 DELIVER AN ASSIGNMENT AND WARRANTY OF TITLE TO THE DEALER'S
8 TRANSFEREE WITHIN 90 DAYS OF THE DATE OF PURCHASE, AND THIS
9 FAILURE IS THE RESULT OF AN ACT OR OMISSION BY THE DEALER, THE
10 DEALER SHALL ACCEPT RETURN OF THE VEHICLE FROM THE TRANSFEREE
11 AND SHALL REFUND THE PURCHASE PRICE LESS ACTUAL DEPRECIATION OF
12 THE VEHICLE WHILE IT WAS WITHIN THE POSSESSION OF THE
13 TRANSFEREE. IN REFUNDING THE PURCHASE PRICE, THE PRICE SHALL
14 INCLUDE THE LISTED DOLLAR VALUE OF ANY TRADE-IN VEHICLE AS
15 STATED IN THE SALES TRANSACTION DOCUMENT IN LIEU OF RETURNING
16 THE TRANSFEREE'S TRADE-IN VEHICLE.
17 (A.2) EXCEPTION FOR SALES AT LICENSED WHOLESALE AUCTIONS.--
18 IN THE EVENT OF THE OFFERING FOR SALE OR TRANSFER OF A VEHICLE
19 BETWEEN AUTOMOBILE DEALERS LICENSED BY THIS COMMONWEALTH OR
20 ANOTHER STATE AT A WHOLESALE VEHICLE AUCTION WHICH IS LICENSED
21 BY THE STATE BOARD OF VEHICLE MANUFACTURERS, DEALERS AND
22 SALESPERSONS, AS A WHOLESALE VEHICLE AUCTION, THE LICENSED
23 DEALER NEED NOT EXECUTE AN ASSIGNMENT AND WARRANTY OF TITLE TO
24 THE TRANSFEREE AT THE TIME OF THE OFFERING OF THE VEHICLE FOR
25 SALE IF, PRIOR TO THE OFFERING OF THE SALE OF THE VEHICLE, IT IS
26 NOTED THAT THE TITLE IS NOT PRESENT. THE TRANSFEROR SHALL
27 DELIVER A PROPERLY ASSIGNED AND WARRANTED TITLE TO THAT
28 TRANSFEREE WITHIN TEN DAYS OF THE DATE THAT THE VEHICLE WAS
29 OFFERED FOR SALE, AND THE SALE SHALL NOT BE CONSUMMATED UNTIL
30 THE TRANSFEROR HAS DELIVERED THE TITLE TO THE TRANSFEREE.
19970H0433B4169 - 38 -
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 TEN DAYS OF THE ASSIGNMENT
4 OR REASSIGNMENT OF THE CERTIFICATE OF TITLE, APPLY FOR A NEW
5 TITLE BY PRESENTING TO THE DEPARTMENT THE PROPERLY COMPLETED
6 CERTIFICATE OF TITLE, SWORN TO BEFORE A NOTARY PUBLIC OR OTHER
7 OFFICER EMPOWERED TO ADMINISTER OATHS, OR VERIFIED BEFORE AN
8 ISSUING AGENT WHO IS LICENSED AS A VEHICLE DEALER BY THE STATE
9 BOARD OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS, OR ITS
10 EMPLOYEE, AND ACCOMPANIED BY SUCH FORMS AS THE DEPARTMENT MAY
11 REQUIRE.
12 (B.1) TRANSFERS RELATING TO THE RESET PROGRAM.--A MOTOR
13 VEHICLE TRANSFERRED TO THE COMMONWEALTH OR A POLITICAL
14 SUBDIVISION FOR USE IN THE RESET PROGRAM ADMINISTERED UNDER
15 SECTION 405.1 OF THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN
16 AS THE PUBLIC WELFARE CODE, SHALL NOT BE SUBJECT TO SALES OR USE
17 TAX UNDER ARTICLE II OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2),
18 KNOWN AS THE TAX REFORM CODE OF 1971, UPON THE REMOVAL OF THE
19 VEHICLE FROM INVENTORY BY ANY:
20 (1) MOTOR VEHICLE DEALER, IMPORTER OR WHOLESALER; OR
21 (2) "BROKER," "DEALER" OR "DISTRIBUTOR," AS DEFINED IN
22 SECTION 2 OF THE ACT OF DECEMBER 22, 1983 (P.L.306, NO.84),
23 KNOWN AS THE BOARD OF VEHICLES ACT.
24 (C) PENALTY.--ANY PERSON VIOLATING SUBSECTION (A) SHALL BE
25 GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
26 SENTENCED:
27 (1) FOR A FIRST OFFENSE, TO PAY A FINE OF $100.
28 (2) FOR A SUBSEQUENT OFFENSE, TO PAY A FINE OF NOT LESS
29 THAN $300 NOR MORE THAN $1,000.
30 § 1113. TRANSFER TO OR FROM MANUFACTURER OR DEALER.
19970H0433B4169 - 39 -
1 (A) TRANSFER TO MANUFACTURER OR DEALER.--WHEN THE PURCHASER
2 OR TRANSFEREE OF A VEHICLE IS A MANUFACTURER OR REGISTERED
3 DEALER WHO HOLDS THE VEHICLE FOR RESALE, A CERTIFICATE OF TITLE
4 NEED NOT BE APPLIED FOR AS PROVIDED FOR IN SECTION 1111
5 (RELATING TO TRANSFER OF OWNERSHIP OF VEHICLE), BUT THE
6 TRANSFEREE SHALL, WITHIN SEVEN DAYS FROM THE DATE OF ASSIGNMENT
7 OF THE CERTIFICATE OF TITLE TO THE MANUFACTURER OR DEALER,
8 FORWARD TO THE DEPARTMENT, UPON A FORM PRESCRIBED AND FURNISHED
9 BY THE DEPARTMENT, NOTIFICATION OF THE ACQUISITION OF THE
10 VEHICLE. NOTIFICATION IN LIEU OF APPLYING FOR A CERTIFICATE OF
11 TITLE AS AUTHORIZED IN THIS SECTION MAY NOT BE USED IN EXCESS OF
12 THREE CONSECUTIVE TRANSACTIONS AFTER WHICH TIME AN APPLICATION
13 SHALL BE MADE FOR A CERTIFICATE OF TITLE. NOTWITHSTANDING THE
14 FOREGOING, A TRANSFEREE OF A MOTOR VEHICLE SHALL APPLY FOR A
15 CERTIFICATE OF TITLE NO LATER THAN SIX MONTHS FROM THE DATE OF
16 THE ASSIGNMENT.
17 (B) EXECUTION AND DISPLAY OF NOTICE OF TRANSFER.--THE
18 MANUFACTURER OR DEALER MAKING NOTIFICATION AS TO ANY VEHICLE
19 ACQUIRED PURSUANT TO SUBSECTION (A) SHALL EXECUTE AT LEAST
20 [THREE] TWO COPIES, THE ORIGINAL OF WHICH SHALL BE FORWARDED TO
21 THE DEPARTMENT, [ONE COPY TO ACCOMPANY THE VEHICLE ON ANY
22 SUBSEQUENT TRANSFER] AND ONE COPY [TO] SHALL BE RETAINED BY THE
23 MANUFACTURER OR DEALER FOR AT LEAST ONE YEAR AFTER A SUBSEQUENT
24 TRANSFER, TO BE EXHIBITED, WITH A COPY OF THE ASSIGNED
25 CERTIFICATE OF TITLE, UPON REQUEST OF ANY POLICE OFFICER OR
26 AUTHORIZED DEPARTMENT EMPLOYEE.
27 (C) TRANSFER FROM MANUFACTURER OR DEALER.--EXCEPT AS
28 OTHERWISE PROVIDED IN THIS SECTION WHEN THE TRANSFEREE IS
29 ANOTHER MANUFACTURER OR DEALER:
30 (1) THE MANUFACTURER OR DEALER, UPON TRANSFERRING THEIR
19970H0433B4169 - 40 -
1 INTEREST IN THE VEHICLE, SHALL EXECUTE AN ASSIGNMENT AND
2 WARRANTY OF TITLE TO THE TRANSFEREE IN THE SPACE PROVIDED ON
3 THE CERTIFICATE OR AS THE DEPARTMENT PRESCRIBES.
4 (2) THE TRANSFEREE SHALL COMPLETE THE APPLICATION FOR
5 CERTIFICATE OF TITLE IN THE NAME OF THE TRANSFEREE.
6 (3) THE MANUFACTURER OR DEALER SHALL FORWARD THE
7 CERTIFICATE OF TITLE AND ANY OTHER REQUIRED FORMS TO THE
8 DEPARTMENT WITHIN [TEN] 20 DAYS OF THE TRANSFER.
9 * * *
10 § 1119. APPLICATION FOR CERTIFICATE OF TITLE BY AGENT.
11 * * *
12 (C) PERSONS AUTHORIZED TO HOLD CERTIFICATE.--
13 * * *
14 (2) THE FOLLOWING PERSONS ARE EXEMPT FROM THE
15 LIMITATIONS OF PARAGRAPH (1):
16 * * *
17 (II) A VEHICLE AUCTION, LICENSED [BY THE STATE BOARD
18 OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS]
19 PURSUANT TO THE BOARD OF VEHICLES ACT, WHEN OFFERING
20 VEHICLES FOR SALE.
21 (III) A VEHICLE DEALER, LICENSED [BY THE STATE BOARD
22 OF VEHICLE MANUFACTURERS, DEALERS AND SALESPERSONS]
23 PURSUANT TO THE BOARD OF VEHICLES ACT, OFFERING A VEHICLE
24 FOR SALE PURSUANT TO A WRITTEN CONSIGNMENT AGREEMENT WITH
25 THE TRANSFEROR.
26 * * *
27 § 1138. DURATION OF LIEN RECORDED ON CERTIFICATE OF TITLE.
28 (A) GENERAL RULE.--A SECURITY INTEREST RECORDED ON A
29 CERTIFICATE OF TITLE IS EFFECTIVE FOR A PERIOD OF 15 YEARS IN
30 THE CASE OF A MOBILE HOME OR EMERGENCY VEHICLE, EIGHT YEARS IN
19970H0433B4169 - 41 -
1 THE CASE OF A TRUCK TRACTOR OR TRAILER WEIGHING IN EXCESS OF
2 10,000 POUNDS AND SIX YEARS IN ALL OTHER CASES DATING FROM THE
3 TIME OF PERFECTION AS PROVIDED FOR IN THIS SUBCHAPTER.
4 * * *
5 SECTION 4. SUBCHAPTER C HEADING OF CHAPTER 11 OF TITLE 75 IS
6 AMENDED TO READ:
7 SUBCHAPTER C
8 ELECTRONIC [LIEN] TITLING PROGRAM
9 SECTION 5. SECTIONS 1301(A) AND (D), 1302(8) AND (18) AND
10 1305(C) OF TITLE 75 ARE AMENDED TO READ:
11 § 1301. REGISTRATION AND CERTIFICATE OF TITLE REQUIRED.
12 (A) DRIVING UNREGISTERED VEHICLE PROHIBITED.--NO PERSON
13 SHALL DRIVE OR MOVE AND NO OWNER OR MOTOR CARRIER SHALL
14 KNOWINGLY PERMIT TO BE DRIVEN OR MOVED UPON ANY HIGHWAY ANY
15 VEHICLE WHICH IS NOT REGISTERED IN THIS COMMONWEALTH UNLESS THE
16 VEHICLE IS EXEMPT FROM REGISTRATION.
17 * * *
18 (D) PENALTY.--ANY PERSON VIOLATING THE PROVISIONS OF
19 SUBSECTION (A) IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON
20 CONVICTION, BE SENTENCED TO PAY A FINE OF $75 OR DOUBLE THE
21 REGISTRATION FEE, WHICHEVER IS GREATER, EXCEPT WHEN THE VEHICLE
22 WAS PREVIOUSLY REGISTERED IN THIS COMMONWEALTH WITHIN 60 DAYS OF
23 THE COMMISSION OF THE OFFENSE WHEREUPON THE FINE SHALL BE $25.
24 IN THE CASE OF A MOTOR CARRIER VEHICLE OTHER THAN A TRAILER, THE
25 FINE SHALL BE $50 IF THE MOTOR CARRIER VEHICLE WAS PREVIOUSLY
26 REGISTERED IN THIS COMMONWEALTH WITHIN 60 DAYS OF THE COMMISSION
27 OF THE OFFENSE OR, IF THE REGISTRATION OCCURS OUTSIDE THE 60-DAY
28 PERIOD, THE FINE SHALL BE DOUBLE THE REGISTRATION FEE FOR THE
29 MAXIMUM WEIGHT AT WHICH THE VEHICLE COULD HAVE BEEN REGISTERED
30 IN THIS COMMONWEALTH.
19970H0433B4169 - 42 -
1 § 1302. VEHICLES EXEMPT FROM REGISTRATION.
2 THE FOLLOWING TYPES OF VEHICLES ARE EXEMPT FROM REGISTRATION:
3 * * *
4 [(8) ANY SELF-PROPELLED INVALID WHEEL CHAIR OR INVALID
5 MOTORIZED PEDALCYCLE.]
6 * * *
7 (18) ANY FARM AND GARDEN VEHICLE UNDER [16] 20
8 HORSEPOWER DRIVEN INCIDENTALLY UPON A HIGHWAY, AS DETERMINED
9 BY THE DEPARTMENT.
10 * * *
11 § 1305. APPLICATION FOR REGISTRATION.
12 * * *
13 (C) DESIGNATION OF LESSEE AS REGISTRANT.--THE OWNER AS
14 LESSOR MAY DESIGNATE THE LESSEE AS THE REGISTRANT OF THE VEHICLE
15 AND THE NAME AND ADDRESS OF THE LESSEE MAY BE SUBSTITUTED ON THE
16 REGISTRATION CARD FOR THE ADDRESS OF THE LESSOR. HOWEVER, EVEN
17 IF THE LESSOR DOES NOT DESIGNATE THE LESSEE AS THE REGISTRANT OF
18 THE VEHICLE, THE LESSOR SHALL STILL PROVIDE THE DEPARTMENT WITH
19 THE NAME AND ADDRESS OF THE LESSEE. THE DEPARTMENT SHALL
20 DESIGNATE THE RELATIONSHIP UPON THE CARD IN A MANNER IT DEEMS
21 APPROPRIATE. THIS SUBSECTION IS APPLICABLE ONLY FOR THE PERIOD
22 DURING WHICH THE LEASE REMAINS IN EFFECT.
23 * * *
24 SECTION 6. SECTION 1306 OF TITLE 75 IS AMENDED BY ADDING A
25 PARAGRAPH TO READ:
26 § 1306. GROUNDS FOR REFUSING REGISTRATION.
27 THE DEPARTMENT SHALL REFUSE REGISTRATION OR RENEWAL OR
28 TRANSFER OF REGISTRATION WHEN ANY OF THE FOLLOWING CIRCUMSTANCES
29 EXISTS:
30 * * *
19970H0433B4169 - 43 -
1 (10) THE REGISTRATION WOULD BE ISSUED FOR A VEHICLE THAT
2 WOULD BE OPERATED UNDER A UNITED STATES DEPARTMENT OF
3 TRANSPORTATION OPERATING AUTHORITY IF AN OUT-OF-SERVICE ORDER
4 HAS BEEN ISSUED FOR THE VEHICLE, THE OWNER OR OPERATOR BY THE
5 DEPARTMENT OR THE UNITED STATES DEPARTMENT OF TRANSPORTATION.
6 SECTION 6.1. SECTION 1318(D) OF TITLE 75 IS AMENDED TO READ: <--
7 § 1318. DUTIES OF AGENTS.
8 * * *
9 [(D) VERIFICATION OF INFORMATION ON APPLICATION.--IN
10 ADDITION TO ANY OTHER DUTY PRESCRIBED BY THIS TITLE OR
11 DEPARTMENTAL REGULATIONS, AN AGENT SHALL VERIFY THAT THE
12 PURCHASE PRICE STATED ON THE APPLICATION APPROXIMATES THE FAIR
13 MARKET VALUE OF THE VEHICLE IN A MANNER PRESCRIBED BY THE
14 DEPARTMENT AS SET FORTH IN A NOTICE PUBLISHED IN THE
15 PENNSYLVANIA BULLETIN.]
16 * * *
17 SECTION 7. THE HEADING OF SECTION 1331 OF TITLE 75 IS
18 AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
19 READ:
20 § 1331. ISSUANCE AND REISSUANCE OF REGISTRATION PLATES.
21 * * *
22 (F) PERIODIC REISSUANCE OF REGISTRATION PLATES.--THE
23 DEPARTMENT SHALL DEVELOP, IMPLEMENT AND ADMINISTER A PROGRAM TO
24 PROVIDE FOR THE REISSUANCE OF ALL CURRENT REGISTRATION PLATES
25 PREVIOUSLY ISSUED UNDER THIS SECTION. THE PROGRAM TO BE
26 ESTABLISHED UNDER THIS SUBSECTION SHALL ADDRESS ALL OF THE
27 FOLLOWING CRITERIA:
28 (1) OTHER THAN THE ANNUAL REGISTRATION FEE REQUIRED
29 UNDER SECTION 1305 (RELATING TO APPLICATION FOR
30 REGISTRATION), SECTION 1309 (RELATING TO RENEWAL OF
19970H0433B4169 - 44 -
1 REGISTRATION) AND SUBCHAPTER B OF CHAPTER 19 (RELATING TO
2 REGISTRATION FEES), THE REISSUED REGISTRATION PLATE SHALL BE
3 ISSUED UNDER SECTION 1934 (RELATING TO GENERAL REISSUANCE).
4 (2) THE PROGRAM SHALL PROVIDE THAT ALL CURRENT
5 REGISTRATION PLATES ISSUED UNDER THIS SECTION BE REPLACED.
6 THE PROGRAM MAY PROVIDE THAT THE DEPARTMENT PROVIDE FOR
7 REISSUANCE OF REGISTRATION PLATES ON A STAGGERED BASIS WHICH
8 WILL REPLACE ALL REGISTRATION PLATES ISSUED UNDER THIS
9 SECTION.
10 (3) THE PROGRAM MAY PROVIDE FOR THE RETURN OF AND THE
11 RECYCLING OF THE OLDER REGISTRATION PLATES.
12 (4) THE PROGRAM SHALL PROVIDE THAT AT THE END OF A TEN-
13 YEAR CYCLE NO REGISTRATION PLATE ISSUED UNDER THIS SECTION BE
14 OLDER THAN 10 YEARS.
15 (5) THE PROGRAM SHALL REQUIRE ANNUAL REPORTS TO THE
16 TRANSPORTATION COMMITTEE OF THE SENATE AND THE TRANSPORTATION
17 COMMITTEE OF THE HOUSE OF REPRESENTATIVES ON THE ISSUE OF
18 REGISTRATION AVOIDANCE.
19 (6) THE PROGRAM MAY CONTAIN ANY OTHER CONDITIONS,
20 LIMITATIONS, CONTRACTUAL ARRANGEMENTS OR OTHER FACTORS WHICH
21 THE DEPARTMENT DEEMS NECESSARY TO IMPLEMENT THIS SUBSECTION.
22 SECTION 8. SECTION 1334(A)(4) OF TITLE 75 IS AMENDED TO
23 READ:
24 § 1334. RETURN OF REGISTRATION PLATE.
25 (A) GENERAL RULE.--REGISTRATION PLATES SHALL BE RETURNED TO
26 THE DEPARTMENT UNDER THE FOLLOWING CIRCUMSTANCES:
27 * * *
28 (4) A [HANDICAPPED] PERSON WITH A DISABILITY
29 REGISTRATION PLATE SHALL BE RETURNED IF THE PERSON TO WHOM IT
30 WAS ISSUED NO LONGER QUALIFIES UNDER SECTION 1338 (RELATING
19970H0433B4169 - 45 -
1 TO [HANDICAPPED] PERSON WITH DISABILITY PLATE AND PLACARD).
2 * * *
3 SECTION 9. SECTION 1336(A)(2) AND (7), (B) INTRODUCTORY
4 PARAGRAPH AND (E) OF TITLE 75 ARE AMENDED AND SUBSECTION (A) IS
5 AMENDED BY ADDING PARAGRAPHS TO READ:
6 § 1336. USE OF DEALER REGISTRATION PLATES.
7 (A) GENERAL RULE.--DEALER REGISTRATION PLATES MAY BE
8 DISPLAYED ON ANY VEHICLE WHICH IS OWNED OR IN THE POSSESSION OF
9 A DEALER OR MANUFACTURER AND SUCH A VEHICLE MAY BE OPERATED UPON
10 THE HIGHWAY, BUT ONLY IF THE VEHICLE IS BEING HELD FOR SALE AND
11 IS BEING USED FOR ANY OF THE FOLLOWING PURPOSES:
12 * * *
13 (2) FOR TESTING [OR INSPECTION OF], FOR SAFETY
14 INSPECTION, REPAIRING OR TRANSPORTING TO OR FROM A REPAIR
15 FACILITY VEHICLES IN THE POSSESSION OF THE DEALER WITHIN A
16 RADIUS OF 25 MILES OF THE PLACE OF BUSINESS OF THE DEALER.
17 VEHICLES IN THE POSSESSION OF THE MANUFACTURER MAY BE TESTED
18 WITHIN A RADIUS OF 50 MILES OF THE PLACE OF BUSINESS OF THE
19 MANUFACTURER.
20 * * *
21 (7) FOR TRANSIT TO OR FROM A DEALER, SHOW, EXHIBIT OR
22 AUCTION WHERE THE VEHICLE IS PURCHASED BY THE DEALER OR
23 OFFERED FOR SALE TO PROSPECTIVE PURCHASERS.
24 (8) FOR DELIVERY TO OR FROM A SECOND STAGE MANUFACTURER
25 FOR OR UPON COMPLETION. VEHICLES OPERATED PURSUANT TO THIS
26 PARAGRAPH MUST BE UNLADEN.
27 (9) FOR TRANSIT TO OR FROM A PROSPECTIVE PURCHASER OR
28 CUSTOMER FOR THE PURPOSE OF DEMONSTRATING OR LOANING AS
29 PERMITTED BY SUBSECTION (A).
30 (10) FOR USE IN THE CONDUCT OF THE DEALER'S
19970H0433B4169 - 46 -
1 ADMINISTRATIVE FUNCTIONS, SUCH AS ATTENDING MEETINGS OR
2 EVENTS, TRANSPORTING DEPARTMENT-REQUIRED PAPERWORK, OR
3 TRANSPORTING FINANCIAL PAPERWORK.
4 (B) PERSONAL USE.--A VEHICLE DISPLAYING DEALER REGISTRATION
5 PLATES WHICH IS OWNED BY A DEALER OR MANUFACTURER, IS HELD FOR
6 SALE AND DOES NOT EXCEED A GROSS VEHICLE WEIGHT RATING OF
7 [7,000] 7,500 POUNDS MAY BE OPERATED UPON THE HIGHWAYS OF THIS
8 COMMONWEALTH FOR THE PERSONAL USE OF THE FOLLOWING:
9 * * *
10 (E) RECORDS.--RECORDS SHALL BE KEPT BY THE DEALER IN A
11 MANNER PRESCRIBED BY THE DEPARTMENT INDICATING WHICH VEHICLES
12 HAVE BEEN USED AS PERMITTED BY SUBSECTION (A)(1), (4), (5) AND
13 (6). THE RECORDS SHALL INDICATE THE NAME OF THE PERSON TO WHOM
14 THE VEHICLE WAS LOANED. IF THE VEHICLE WAS LOANED TO A BUSINESS
15 OR AN ORGANIZATION WITH MORE THAN ONE DRIVER, IT IS SUFFICIENT
16 TO LIST ONLY THE NAME OF THE BUSINESS OR ORGANIZATION. THE
17 RECORDS SHALL BE OPEN TO INSPECTION BY REPRESENTATIVES OF THE
18 DEPARTMENT AND POLICE OFFICERS.
19 * * *
20 SECTION 10. SECTIONS 1338 HEADING, (A), (B), (C)(1) AND (2)
21 AND (C.2), 1342(A), (B), (C) AND (D), 1346, 1348, 1350, 1351,
22 1352, 1353, 1355, 1356, 1357, 1358 AND 1359(A) OF TITLE 75 ARE
23 AMENDED TO READ:
24 § 1338. [HANDICAPPED] PERSON WITH DISABILITY PLATE AND PLACARD.
25 (A) [HANDICAPPED] PERSON WITH DISABILITY PLATE.--ON THE
26 APPLICATION OF ANY PERSON WHO:
27 (1) IS BLIND;
28 (2) DOES NOT HAVE FULL USE OF AN ARM OR BOTH ARMS;
29 (3) CANNOT WALK 200 FEET WITHOUT STOPPING TO REST;
30 (4) CANNOT WALK WITHOUT THE USE OF, OR ASSISTANCE FROM,
19970H0433B4169 - 47 -
1 A BRACE, CANE, CRUTCH, ANOTHER PERSON, PROSTHETIC DEVICE,
2 WHEELCHAIR OR OTHER ASSISTIVE DEVICE;
3 (5) IS RESTRICTED BY LUNG DISEASE TO SUCH AN EXTENT THAT
4 THE PERSON'S FORCED (RESPIRATORY) EXPIRATORY VOLUME FOR ONE
5 SECOND, WHEN MEASURED BY SPIROMETRY, IS LESS THAN ONE LITER
6 OR THE ARTERIAL OXYGEN TENSION IS LESS THAN 60 MM/HG ON ROOM
7 AIR AT REST;
8 (6) USES PORTABLE OXYGEN;
9 (7) HAS A CARDIAC CONDITION TO THE EXTENT THAT THE
10 PERSON'S FUNCTIONAL LIMITATIONS ARE CLASSIFIED IN SEVERITY AS
11 CLASS III OR CLASS IV ACCORDING TO THE STANDARDS SET BY THE
12 AMERICAN HEART ASSOCIATION;
13 (8) IS SEVERELY LIMITED IN HIS OR HER ABILITY TO WALK
14 DUE TO AN ARTHRITIC, NEUROLOGICAL OR ORTHOPEDIC CONDITION; OR
15 (9) IS A PERSON IN LOCO PARENTIS OF A PERSON SPECIFIED
16 IN PARAGRAPH (1), (2), (3), (4), (5), (6), (7) OR (8);
17 THE DEPARTMENT SHALL ISSUE A SPECIAL REGISTRATION PLATE FOR ONE
18 PASSENGER CAR OR [OTHER VEHICLE] TRUCK WITH A REGISTERED GROSS
19 WEIGHT OF NOT MORE THAN 9,000 POUNDS, DESIGNATING THE VEHICLE SO
20 LICENSED AS BEING USED BY A [HANDICAPPED] PERSON WITH A
21 DISABILITY. SPECIAL PLATES FOR [HANDICAPPED] PERSONS WITH
22 DISABILITIES MAY ALSO BE ISSUED FOR VEHICLES OPERATED
23 EXCLUSIVELY FOR THE USE AND BENEFIT OF [HANDICAPPED] PERSONS
24 WITH DISABILITIES. IN THE CASE OF A MOTORCYCLE, THE DEPARTMENT
25 SHALL ISSUE A DECAL CONTAINING THE INTERNATIONAL SYMBOL FOR
26 [HANDICAPPED] ACCESS FOR PERSONS WITH DISABILITIES FOR DISPLAY
27 ON THE REGISTRATION PLATE.
28 (B) [HANDICAPPED] PERSON WITH DISABILITY PARKING PLACARD.--
29 ON THE INITIAL APPLICATION OR RENEWAL APPLICATION OF ANY PERSON
30 WHO MEETS THE QUALIFICATIONS OF SUBSECTION (A), THE DEPARTMENT
19970H0433B4169 - 48 -
1 SHALL ISSUE ONE SPECIAL PARKING PLACARD OF SUCH SIZE AND DESIGN
2 AS THE DEPARTMENT SHALL SPECIFY, DESIGNATING THE VEHICLE IN
3 WHICH IT IS DISPLAYED AS BEING USED FOR THE TRANSPORTATION OF [A
4 HANDICAPPED PERSON] PERSONS WITH DISABILITIES. WHEN PARKING THE
5 DESIGNATED VEHICLE, THE [HANDICAPPED] PERSON WITH DISABILITY
6 PARKING PLACARD SHALL BE PROMINENTLY DISPLAYED IN SUCH A MANNER
7 THAT IT MAY BE VIEWED FROM THE FRONT AND REAR OF THE VEHICLE BY
8 HANGING IT FROM THE FRONT WINDSHIELD REARVIEW MIRROR OF A
9 VEHICLE ONLY WHEN THAT VEHICLE IS UTILIZING A PARKING SPACE
10 RESERVED FOR PERSONS WITH DISABILITIES. WHEN THERE IS NO
11 REARVIEW MIRROR, OR THE PLACARD IS NOT DESIGNED IN SUCH A MANNER
12 TO ACCOMMODATE HANGING FROM A REARVIEW MIRROR, THE PLACARD SHALL
13 BE DISPLAYED ON THE DASHBOARD. PLACARDS MAY ALSO BE ISSUED FOR
14 USE IN VEHICLES WHEN OPERATED FOR THE USE AND BENEFIT OF
15 [HANDICAPPED] PERSONS WITH DISABILITIES PROVIDED THAT A PERSON
16 WITH A DISABILITY IS BEING TRANSPORTED IN THE VEHICLE.
17 ORGANIZATIONS [WHICH] THAT TRANSPORT PERSONS [IN VEHICLES
18 OPERATED FOR THE USE AND BENEFIT OF HANDICAPPED PERSONS] WITH
19 DISABILITIES SHALL, UPON APPLICATION, BE ISSUED NOT MORE THAN
20 EIGHT PLACARDS IN THE ORGANIZATION'S NAME. THESE PLACARDS MAY BE
21 USED IN A VEHICLE OF THE ORGANIZATION OR THE PERSONAL VEHICLE OF
22 AN EMPLOYEE OR VOLUNTEER OF THE ORGANIZATION WHEN THE EMPLOYEE
23 OR VOLUNTEER OPERATES THE VEHICLE FOR THE BENEFIT AND USE OF
24 PERSONS WITH DISABILITIES PROVIDED THAT A PERSON WITH A
25 DISABILITY IS BEING TRANSPORTED IN THE VEHICLE.
26 (C) PHYSICIAN'S STATEMENT.--
27 (1) ANY PERSON APPLYING FOR A SPECIAL PLATE OR PARKING
28 PLACARD FOR [HANDICAPPED] PERSONS WITH DISABILITIES MUST
29 PRESENT A STATEMENT, CERTIFIED BY A PHYSICIAN LICENSED TO
30 PRACTICE IN THIS COMMONWEALTH OR IN A CONTIGUOUS STATE, THAT
19970H0433B4169 - 49 -
1 THE [HANDICAPPED] PERSON WITH A DISABILITY IS [HANDICAPPED]
2 DISABLED AS PROVIDED IN SUBSECTION (A).
3 (2) ANY PERSON APPLYING FOR A RENEWAL OF REGISTRATION OF
4 A SPECIAL PLATE FOR [HANDICAPPED] PERSONS WITH DISABILITIES
5 MUST COMPLY WITH THIS SUBSECTION. ONCE A [HANDICAPPED] PERSON
6 WITH A DISABILITY HAS BEEN DULY CERTIFIED BY A PHYSICIAN AS
7 BEING [HANDICAPPED] DISABLED, AS PROVIDED IN SUBSECTION (A),
8 THE APPLICANT NEED NOT SUBMIT A CERTIFICATION FOR SUBSEQUENT
9 RENEWALS OF REGISTRATION FOR A SPECIAL PLATE FOR
10 [HANDICAPPED] PERSONS WITH DISABILITIES. A PERSON WHO WAS
11 ISSUED A [HANDICAPPED] PERSON WITH DISABILITY PLATE UNDER
12 THIS SECTION AND NO LONGER QUALIFIES FOR ONE SHALL NOT BE
13 CHARGED A REPLACEMENT FEE FOR A REGULAR REGISTRATION PLATE
14 UPON PAYMENT OF THE REGULAR REGISTRATION FEE.
15 * * *
16 (C.2) AUTHORIZED USE.--THIS SECTION SHALL NOT PRECLUDE THE
17 OPERATION OF A VEHICLE WHICH BEARS A [HANDICAPPED] PERSON WITH
18 DISABILITY PLATE WHEN THE VEHICLE IS NOT BEING USED FOR THE
19 BENEFIT OF THE [HANDICAPPED] PERSON WITH A DISABILITY OR WHEN
20 THE [HANDICAPPED] PERSON WITH A DISABILITY IS NOT PRESENT IN THE
21 VEHICLE, PROVIDED THE DRIVER DOES NOT USE OR ATTEMPT TO USE ANY
22 SPECIAL PRIVILEGE OR BENEFIT OTHERWISE ACCORDED TO VEHICLES
23 DISPLAYING THE PLATE.
24 * * *
25 § 1342. VETERAN PLATES AND PLACARD.
26 (A) SEVERELY DISABLED VETERAN PLATE.--ON THE APPLICATION OF
27 A VETERAN WHOSE SERVICE-CONNECTED DISABILITY IS CERTIFIED AT
28 100% BY THE SERVICE UNIT OF THE ARMED FORCES IN WHICH THE
29 VETERAN SERVED OR BY THE UNITED STATES VETERANS' ADMINISTRATION
30 OR WHO HAS A SERVICE-CONNECTED DISABILITY OF THE TYPE ENUMERATED
19970H0433B4169 - 50 -
1 IN SECTION 1338 (RELATING TO [HANDICAPPED] PERSON WITH
2 DISABILITY PLATE AND PLACARD), THE DEPARTMENT SHALL ISSUE A
3 SPECIAL REGISTRATION PLATE DESIGNATING THE VEHICLE AS BELONGING
4 TO A SEVERELY DISABLED VETERAN. THE REGISTRATION PLATE SHALL
5 HAVE A WHITE BACKGROUND, SHALL HAVE BLUE NUMBERS OR LETTERS AS
6 THE DEPARTMENT MAY DETERMINE, SHALL HAVE THE WORDS, "DISABLED
7 VETERAN," IN AT LEAST TEN-POINT BOLD TYPE, INSCRIBED IN RED AT
8 THE BOTTOM OF THE PLATE, AND SHALL INCLUDE THE INTERNATIONAL
9 SYMBOL FOR [HANDICAPPED] ACCESS FOR PERSONS WITH DISABILITIES.
10 ONLY ONE SPECIAL REGISTRATION PLATE SHALL BE ISSUED TO A VETERAN
11 UNDER THIS SECTION. IT MAY BE USED ONLY ON [ONE] A PASSENGER
12 [VEHICLE OR ONE OTHER VEHICLE] CAR OR TRUCK WITH A REGISTERED
13 GROSS WEIGHT OF NOT MORE THAN 9,000 POUNDS. IN THE CASE OF A
14 MOTORCYCLE, THE DEPARTMENT SHALL ISSUE A DECAL CONTAINING THE
15 INTERNATIONAL SYMBOL FOR [HANDICAPPED] ACCESS FOR PERSONS WITH
16 DISABILITIES AND THE WORDS "DISABLED VETERAN" FOR DISPLAY ON THE
17 REGISTRATION PLATE.
18 (B) SEVERELY DISABLED VETERAN PLACARD.--ON THE APPLICATION
19 OF ANY PERSON WHO MEETS THE QUALIFICATIONS OF SUBSECTION (A),
20 THE DEPARTMENT SHALL ISSUE ONE SPECIAL PARKING PLACARD OF SUCH
21 SIZE AND DESIGN AS THE DEPARTMENT SHALL SPECIFY, DESIGNATING THE
22 VEHICLE IN WHICH IT IS DISPLAYED AS BEING USED FOR THE
23 TRANSPORTATION OF A SEVERELY DISABLED VETERAN. [SUCH]
24 WHEN PARKING THE DESIGNATED VEHICLE, THE SEVERELY DISABLED
25 VETERAN PARKING PLACARD SHALL BE PROMINENTLY DISPLAYED SO THAT
26 IT MAY BE VIEWED FROM THE FRONT AND REAR OF THE VEHICLE BY
27 HANGING IT FROM THE FRONT WINDSHIELD REARVIEW MIRROR OF A
28 VEHICLE ONLY WHEN THAT VEHICLE IS UTILIZING A PARKING SPACE
29 RESERVED FOR PERSONS WITH DISABILITIES. WHEN THERE IS NO
30 REARVIEW MIRROR, OR THE PLACARD IS NOT DESIGNED IN SUCH A MANNER
19970H0433B4169 - 51 -
1 TO ACCOMMODATE HANGING FROM A REARVIEW MIRROR, THE PLACARD SHALL
2 BE PROMINENTLY DISPLAYED ON THE [RIGHT FRONT DASH] DASHBOARD OF
3 THE VEHICLE WHEN IT IS IN USE FOR THE TRANSPORTATION OF SUCH
4 SEVERELY DISABLED VETERAN. PLACARDS MAY ALSO BE ISSUED FOR USE
5 IN VEHICLES WHEN OPERATED FOR THE USE AND BENEFIT OF SEVERELY
6 DISABLED VETERANS PROVIDED THAT A SEVERELY DISABLED VETERAN IS
7 BEING TRANSPORTED IN THE VEHICLE.
8 (C) DISABLED VETERAN PLATES.--ON THE APPLICATION OF ANY
9 VETERAN HAVING A DISABILITY CERTIFIED BY THE SERVICE UNIT OF THE
10 ARMED FORCES IN WHICH THE VETERAN SERVED OR BY THE UNITED STATES
11 VETERANS' ADMINISTRATION AS SERVICE-CONNECTED, THE DEPARTMENT
12 SHALL ISSUE A SPECIAL REGISTRATION PLATE DESIGNATING THE VEHICLE
13 AS BELONGING TO A DISABLED VETERAN. THE REGISTRATION PLATE SHALL
14 HAVE A WHITE BACKGROUND, SHALL HAVE NUMBERS OR LETTERS AS THE
15 DEPARTMENT MAY DETERMINE AND SHALL HAVE THE WORDS "DISABLED
16 VETERAN" IN AT LEAST TEN-POINT BOLD TYPE INSCRIBED AT THE BOTTOM
17 OF THE PLATE. ONLY ONE SPECIAL REGISTRATION PLATE SHALL BE
18 ISSUED TO A VETERAN UNDER THIS SECTION. IT MAY BE USED ONLY ON
19 [ONE] A PASSENGER [VEHICLE OR ONE OTHER VEHICLE] CAR OR TRUCK
20 WITH A REGISTERED GROSS WEIGHT OF NOT MORE THAN 9,000 POUNDS.
21 (D) PRISONER OF WAR PLATE.--ON THE APPLICATION OF AN EX-
22 PRISONER OF WAR WHOSE IMPRISONMENT WHILE IN THE SERVICE OF THE
23 ARMED FORCES OF THE UNITED STATES IS CERTIFIED BY THE
24 APPROPRIATE BRANCH OF THE ARMED FORCES, THE DEPARTMENT SHALL
25 ISSUE A SPECIAL REGISTRATION PLATE DESIGNATING THE VEHICLE AS
26 BELONGING TO AN EX-PRISONER OF WAR. THE REGISTRATION PLATE SHALL
27 CONTAIN THE LETTERS "POW" AND SUCH OTHER NUMBERS OR LETTERS AS
28 THE DEPARTMENT MAY DETERMINE AND SHALL HAVE THE WORDS "PRISONER
29 OF WAR" IN AT LEAST TEN-POINT BOLD TYPE INSCRIBED AT THE BOTTOM
30 OF THE PLATE. ONLY ONE SPECIAL REGISTRATION PLATE SHALL BE
19970H0433B4169 - 52 -
1 ISSUED TO AN EX-PRISONER OF WAR UNDER THIS SUBSECTION. THE
2 SPECIAL REGISTRATION PLATE MAY BE USED ONLY ON [ONE] A PASSENGER
3 [VEHICLE OR ONE OTHER VEHICLE] CAR OR TRUCK WITH A REGISTERED
4 GROSS WEIGHT OF NOT MORE THAN 9,000 POUNDS.
5 * * *
6 § 1346. SPECIAL PLATES FOR RECIPIENTS OF PURPLE HEART.
7 UPON APPLICATION OF ANY PERSON WHO IS A RECIPIENT OF THE
8 PURPLE HEART, THE DEPARTMENT SHALL ISSUE TO SUCH PERSON A
9 SPECIAL REGISTRATION PLATE DESIGNATING THE VEHICLE SO LICENSED
10 AS BELONGING TO A PERSON WHO IS A RECIPIENT OF THE PURPLE HEART.
11 A SEVERELY DISABLED VETERAN, AS DESCRIBED IN SECTION 1342(A)
12 (RELATING TO VETERAN PLATES AND PLACARD), WHO IS QUALIFIED TO
13 RECEIVE A PLATE UNDER THIS SECTION MAY ALSO ELECT TO RECEIVE A
14 PLACARD UNDER SECTION 1342(B). THE SPECIAL REGISTRATION PLATE
15 MAY BE USED ONLY ON [ONE] A PASSENGER [VEHICLE OR ONE OTHER
16 VEHICLE] CAR OR TRUCK WITH A REGISTERED GROSS WEIGHT OF NOT MORE
17 THAN 9,000 POUNDS.
18 § 1348. SPECIAL PLATES FOR PEARL HARBOR SURVIVORS.
19 UPON APPLICATION OF ANY PERSON WHO IS A SURVIVOR OF PEARL
20 HARBOR, ACCOMPANIED BY A FEE OF $20 WHICH SHALL BE IN ADDITION
21 TO THE ANNUAL REGISTRATION FEE AND BY SUCH DOCUMENTATION AS THE
22 DEPARTMENT SHALL REQUIRE [BY REGULATION], THE DEPARTMENT SHALL
23 ISSUE TO SUCH PERSON A SPECIAL REGISTRATION PLATE DESIGNATING
24 THE VEHICLE SO LICENSED AS BELONGING TO A PERSON WHO IS A
25 SURVIVOR OF PEARL HARBOR. THE SPECIAL REGISTRATION PLATE MAY BE
26 USED ONLY ON [ONE] A PASSENGER [VEHICLE OR ONE OTHER VEHICLE]
27 CAR OR TRUCK WITH A REGISTERED GROSS WEIGHT OF NOT MORE THAN
28 9,000 POUNDS.
29 § 1350. SPECIAL PLATES FOR VETERANS OF KOREAN WAR.
30 UPON APPLICATION OF ANY PERSON WHO IS A VETERAN OF THE KOREAN
19970H0433B4169 - 53 -
1 WAR, ACCOMPANIED BY A FEE OF $20, WHICH SHALL BE IN ADDITION TO
2 THE ANNUAL REGISTRATION FEE, AND BY SUCH DOCUMENTATION AS THE
3 DEPARTMENT SHALL REQUIRE, THE DEPARTMENT SHALL ISSUE TO THE
4 PERSON A SPECIAL REGISTRATION PLATE DESIGNATING THE VEHICLE SO
5 LICENSED AS BELONGING TO A PERSON WHO IS A VETERAN OF THE KOREAN
6 WAR. THE SPECIAL REGISTRATION PLATE MAY BE USED ONLY ON [ONE] A
7 PASSENGER [VEHICLE OR ONE OTHER VEHICLE] CAR OR TRUCK WITH A
8 REGISTERED GROSS WEIGHT OF NOT MORE THAN 9,000 POUNDS.
9 § 1351. SPECIAL PLATES FOR VETERANS OF PERSIAN GULF WAR.
10 UPON APPLICATION OF ANY PERSON WHO IS A VETERAN OF THE
11 PERSIAN GULF WAR, ACCOMPANIED BY A FEE OF $20, WHICH SHALL BE IN
12 ADDITION TO THE ANNUAL REGISTRATION FEE, AND BY SUCH
13 DOCUMENTATION AS THE DEPARTMENT SHALL REQUIRE, THE DEPARTMENT
14 SHALL ISSUE TO THE PERSON A SPECIAL REGISTRATION PLATE
15 DESIGNATING THE VEHICLE SO LICENSED AS BELONGING TO A PERSON WHO
16 IS A VETERAN OF THE PERSIAN GULF WAR. THE SPECIAL REGISTRATION
17 PLATE MAY BE USED ONLY ON [ONE] A PASSENGER [VEHICLE OR ONE
18 OTHER VEHICLE] CAR OR TRUCK WITH A REGISTERED GROSS WEIGHT OF
19 NOT MORE THAN 9,000 POUNDS.
20 § 1352. WILD RESOURCE CONSERVATION PLATE.
21 THE DEPARTMENT, IN CONSULTATION WITH THE WILD RESOURCE
22 CONSERVATION BOARD, SHALL DESIGN A SPECIAL WILD RESOURCE
23 CONSERVATION REGISTRATION PLATE. UPON APPLICATION OF ANY PERSON,
24 ACCOMPANIED BY A FEE OF $35 WHICH SHALL BE IN ADDITION TO THE
25 ANNUAL REGISTRATION FEE, THE DEPARTMENT SHALL ISSUE THE PLATE
26 FOR A PASSENGER CAR, MOTOR HOME, TRAILER OR TRUCK WITH A
27 REGISTERED GROSS [VEHICLE] WEIGHT [RATING] OF NOT MORE THAN
28 9,000 POUNDS. THE WILD RESOURCE CONSERVATION FUND SHALL RECEIVE
29 $15 OF EACH ADDITIONAL FEE FOR THIS PLATE.
30 § 1353. PRESERVE OUR HERITAGE REGISTRATION PLATE.
19970H0433B4169 - 54 -
1 THE DEPARTMENT, IN CONSULTATION WITH THE PENNSYLVANIA
2 HISTORICAL AND MUSEUM COMMISSION, SHALL DESIGN A SPECIAL
3 PRESERVE OUR HERITAGE REGISTRATION PLATE. UPON RECEIPT OF AN
4 APPLICATION, ACCOMPANIED BY A FEE OF $35 WHICH SHALL BE IN
5 ADDITION TO THE ANNUAL REGISTRATION FEE, THE DEPARTMENT SHALL
6 ISSUE THE PLATE FOR A PASSENGER CAR, MOTOR HOME, TRAILER OR
7 TRUCK WITH A REGISTERED GROSS [VEHICLE] WEIGHT [RATING] OF NOT
8 MORE THAN 9,000 POUNDS. THE HISTORICAL PRESERVATION FUND SHALL
9 RECEIVE $15 OF EACH ADDITIONAL FEE FOR THIS PLATE.
10 § 1355. ZOOLOGICAL PLATE.
11 THE DEPARTMENT, IN CONSULTATION WITH THE PENNSYLVANIA
12 ZOOLOGICAL COUNCIL, SHALL DESIGN A SPECIAL ZOOLOGICAL
13 REGISTRATION PLATE. UPON APPLICATION OF ANY PERSON, ACCOMPANIED
14 BY A FEE OF $35 WHICH SHALL BE IN ADDITION TO THE ANNUAL
15 REGISTRATION FEE, THE DEPARTMENT SHALL ISSUE THE PLATE FOR A
16 PASSENGER CAR, MOTOR HOME, TRAILER OR TRUCK WITH A REGISTERED
17 GROSS [VEHICLE] WEIGHT [RATING] OF NOT MORE THAN 9,000 POUNDS.
18 THE ZOOLOGICAL ENHANCEMENT FUND SHALL RECEIVE $15 OF THE FEE
19 PAID BY THE APPLICANT FOR THE PLATE.
20 § 1356. SPECIAL PLATES FOR RECIPIENTS OF EXPEDITIONARY FORCES
21 MEDAL.
22 UPON APPLICATION OF ANY PERSON WHO IS A RECIPIENT OF THE
23 EXPEDITIONARY FORCES MEDAL, ACCOMPANIED BY A FEE OF $20 WHICH
24 SHALL BE IN ADDITION TO THE ANNUAL REGISTRATION FEE AND BY SUCH
25 DOCUMENTATION AS THE DEPARTMENT SHALL REQUIRE, THE DEPARTMENT
26 SHALL ISSUE TO SUCH PERSON A SPECIAL REGISTRATION PLATE
27 DESIGNATING THE VEHICLE SO REGISTERED AS BELONGING TO A PERSON
28 WHO IS A RECIPIENT OF THE EXPEDITIONARY FORCES MEDAL. THE
29 SPECIAL REGISTRATION PLATE MAY BE USED ONLY ON [ONE] A PASSENGER
30 [VEHICLE] CAR OR TRUCK WITH A REGISTERED GROSS [VEHICLE] WEIGHT
19970H0433B4169 - 55 -
1 [RATING] OF NOT MORE THAN 9,000 POUNDS.
2 § 1357. SPECIAL PLATES FOR WORLD WAR II VETERANS.
3 UPON APPLICATION OF ANY PERSON WHO IS A VETERAN OF WORLD WAR
4 II, ACCOMPANIED BY A FEE OF $20 WHICH SHALL BE IN ADDITION TO
5 THE ANNUAL REGISTRATION FEE AND BY SUCH DOCUMENTATION AS THE
6 DEPARTMENT SHALL REQUIRE, THE DEPARTMENT SHALL ISSUE TO SUCH
7 PERSON A SPECIAL REGISTRATION PLATE CARRYING THE SYMBOL OF A
8 RUPTURED DUCK DESIGNATING THE VEHICLE SO REGISTERED AS BELONGING
9 TO A PERSON WHO IS A VETERAN OF WORLD WAR II. THE SPECIAL
10 REGISTRATION PLATE MAY BE USED ONLY ON [ONE] A PASSENGER
11 [VEHICLE] CAR OR TRUCK WITH A REGISTERED GROSS [VEHICLE] WEIGHT
12 [RATING] OF NOT MORE THAN 9,000 POUNDS.
13 § 1358. DARE PLATE.
14 THE DEPARTMENT, IN CONSULTATION WITH THE PENNSYLVANIA
15 COMMISSION ON CRIME AND DELINQUENCY, SHALL DESIGN A SPECIAL DRUG
16 ABUSE RESISTANCE EDUCATION (DARE) REGISTRATION PLATE WHICH
17 UTILIZES THE DARE LOGO OR SLOGAN IN THE DESIGN. UPON APPLICATION
18 OF ANY PERSON, ACCOMPANIED BY A FEE OF $35 WHICH SHALL BE IN
19 ADDITION TO THE ANNUAL REGISTRATION FEE, THE DEPARTMENT SHALL
20 ISSUE THE PLATE FOR A PASSENGER CAR, MOTOR HOME, TRAILER OR
21 TRUCK WITH A REGISTERED GROSS [VEHICLE] WEIGHT [RATING] OF NOT
22 MORE THAN 9,000 POUNDS. THE DRUG ABUSE RESISTANCE EDUCATION
23 PROGRAM SHALL RECEIVE $15 OF EACH ADDITIONAL FEE FOR THIS PLATE.
24 § 1359. SPECIAL PLATES FOR STEELWORKERS.
25 (A) GENERAL RULE.--UPON APPLICATION OF ANY PERSON WHO IS A
26 STEELWORKER, ACCOMPANIED BY A FEE OF $20 WHICH SHALL BE IN
27 ADDITION TO THE ANNUAL REGISTRATION FEE AND BY SUCH
28 DOCUMENTATION AS THE DEPARTMENT SHALL REQUIRE [BY REGULATION],
29 THE DEPARTMENT SHALL ISSUE TO SUCH PERSON A SPECIAL REGISTRATION
30 PLATE DESIGNATING THE VEHICLE SO LICENSED AS BELONGING TO A
19970H0433B4169 - 56 -
1 PERSON WHO IS A STEELWORKER. THE SPECIAL REGISTRATION PLATE MAY
2 BE USED ONLY ON A PASSENGER CAR OR A TRUCK WITH A REGISTERED
3 GROSS [VEHICLE] WEIGHT [RATING] OF NOT MORE THAN 9,000 POUNDS.
4 THE PLATE SHALL BEAR THE LIKENESS OF THE OFFICIAL EMBLEM OF THE
5 AMERICAN IRON AND STEEL INSTITUTE.
6 * * *
7 SECTION 11. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:
8 § 1360. SPECIAL PLATES FOR VETERANS OF VIETNAM CONFLICT.
9 UPON APPLICATION OF ANY PERSON WHO IS A VETERAN OF THE
10 VIETNAM CONFLICT, AS THAT TERM IS DEFINED FOR THE AWARDING OF
11 THE VIETNAM SERVICE MEDAL, ACCOMPANIED BY A FEE OF $20 IN
12 ADDITION TO THE ANNUAL REGISTRATION FEE AND BY SUCH
13 DOCUMENTATION AS THE DEPARTMENT SHALL REQUIRE, THE DEPARTMENT
14 SHALL ISSUE TO THE PERSON A SPECIAL REGISTRATION PLATE
15 DESIGNATING THE VEHICLE SO LICENSED AS BELONGING TO A PERSON WHO
16 IS A VETERAN OF THE VIETNAM CONFLICT. THE SPECIAL REGISTRATION
17 PLATE MAY BE USED ONLY ON A PASSENGER CAR OR TRUCK WITH A
18 REGISTERED GROSS WEIGHT OF NOT MORE THAN 9,000 POUNDS.
19 § 1361. CRUISER OLYMPIA REGISTRATION PLATE.
20 (A) PLATE.--THE DEPARTMENT SHALL DESIGN A CRUISER OLYMPIA
21 REGISTRATION PLATE. UPON APPLICATION OF ANY PERSON, ACCOMPANIED
22 BY A FEE OF $35, WHICH SHALL BE IN ADDITION TO THE ANNUAL
23 REGISTRATION FEE, THE DEPARTMENT SHALL ISSUE THE PLATE FOR A
24 PASSENGER CAR, MOTOR HOME, TRAILER OR TRUCK WITH A REGISTERED
25 GROSS WEIGHT OF NOT MORE THAN 9,000 POUNDS.
26 (B) USE OF FEE.--OF EACH FEE PAID UNDER SUBSECTION (A), $15
27 SHALL BE DEPOSITED INTO THE CRUISER OLYMPIA FUND, ESTABLISHED IN
28 SUBSECTION (C).
29 (C) CRUISER OLYMPIA FUND.--
30 (1) THE CRUISER OLYMPIA FUND IS ESTABLISHED AS A SPECIAL
19970H0433B4169 - 57 -
1 FUND IN THE STATE TREASURY.
2 (2) THE DEPARTMENT SHALL ADMINISTER THE FUND TO SUPPORT
3 THE CRUISER OLYMPIA.
4 (3) THE MONEY IN THE CRUISER OLYMPIA FUND IS
5 CONTINUOUSLY APPROPRIATED TO THE FUND AND SHALL NOT LAPSE AT
6 THE END OF ANY FISCAL YEAR.
7 SECTION 12. SECTION 1373(B) OF TITLE 75 IS AMENDED BY ADDING
8 A PARAGRAPH TO READ:
9 § 1373. SUSPENSION OF REGISTRATION.
10 * * *
11 (B) SUSPENSION WITHOUT HEARING.--THE DEPARTMENT MAY SUSPEND
12 ANY REGISTRATION WITHOUT PROVIDING AN OPPORTUNITY FOR A HEARING
13 IN ANY OF THE FOLLOWING CASES:
14 * * *
15 (3) THE VEHICLE IS BEING OPERATED UNDER A UNITED STATES
16 DEPARTMENT OF TRANSPORTATION OPERATING AUTHORITY IF AN OUT-
17 OF-SERVICE ORDER HAS BEEN ISSUED FOR THE VEHICLE, THE OWNER
18 OR THE OPERATOR BY THE DEPARTMENT OR BY THE UNITED STATES
19 DEPARTMENT OF TRANSPORTATION.
20 SECTION 13. SECTIONS 1374(D)(5) AND (E), 1376(B.1)(2) AND
21 (C), 1501, 1503(A) INTRODUCTORY PARAGRAPH AND (1) AND (2),
22 1508(B), 1511(B), 1514(A), 1516(B) AND (C) AND 1517(B) OF TITLE
23 75 ARE AMENDED TO READ:
24 § 1374. SUSPENSION OR REVOCATION OF VEHICLE BUSINESS
25 REGISTRATION PLATES.
26 * * *
27 (D) SCHEDULE OF SANCTIONS.--THE DEPARTMENT SHALL IMPOSE THE
28 FOLLOWING SANCTIONS FOR VIOLATIONS:
29 * * *
30 (5) A VIOLATION OF SUBSECTION [(A)(5)] (A)(2) OR (5)
19970H0433B4169 - 58 -
1 SHALL REMAIN ON THE REGISTRANT'S RECORD FOR A PERIOD OF 18
2 MONTHS FROM THE DATE THAT THE VIOLATION WAS SANCTIONED BY THE
3 DEPARTMENT. IF THE REGISTRANT DOES NOT COMMIT ANOTHER
4 VIOLATION OF SUBSECTION [(A)(5)] (A)(2) OR (5) WITHIN THAT
5 18-MONTH PERIOD, THE DEPARTMENT SHALL RESCIND FROM THE
6 REGISTRANT'S RECORD THE PRIOR SANCTION THAT WAS IMPOSED.
7 AFTER RESCISSION OF THE PRIOR SANCTION, IF THE REGISTRANT
8 THEREAFTER COMMITS A SUBSEQUENT VIOLATION OF SUBSECTION
9 [(A)(5)] (A)(2) OR (5), THAT VIOLATION SHALL BE CONSIDERED
10 THE SAME DEGREE OF OFFENSE AS WAS PREVIOUSLY IMPOSED, UNLESS
11 MORE THAN THREE YEARS HAVE ELAPSED SINCE THE LAST DATE THAT
12 THE REGISTRANT WAS SANCTIONED FOR A VIOLATION OF SUBSECTION
13 [(A)(5)] (A)(2) OR (5), IN WHICH CASE SAID SUBSEQUENT
14 VIOLATION SHALL BE DEEMED A FIRST OFFENSE.
15 * * *
16 (E) HEARING.--UNTIL REGULATIONS ARE PRESCRIBED BY THE
17 DEPARTMENT AS AUTHORIZED BY SUBSECTION (B), THE HEARING SHALL
18 INCLUDE THE CONSIDERATION OF RELEVANT MITIGATING EVENTS FOR A
19 VIOLATION OF SUBSECTION [(A)(5)] (A)(2), (5) OR (7).
20 * * *
21 § 1376. SURRENDER OF REGISTRATION PLATES AND CARDS UPON
22 SUSPENSION OR REVOCATION.
23 * * *
24 (B.1) IMMEDIATE SEIZURE OF REGISTRATION PLATES AND CARDS.--
25 THE DEPARTMENT MAY DELEGATE AUTHORITY TO THE PERSONS DESCRIBED
26 IN THIS SECTION TO IMMEDIATELY SEIZE REGISTRATION PLATES AND
27 CARDS UPON IMPOSITION OF THE FOLLOWING:
28 * * *
29 (2) A SUSPENSION OR REVOCATION IMPOSED PURSUANT TO
30 SECTION 1373(B)(3) (RELATING TO SUSPENSION OF REGISTRATION)
19970H0433B4169 - 59 -
1 OR 1374(G); OR
2 * * *
3 (C) REGULATIONS.--THE DEPARTMENT SHALL, BY REGULATION,
4 PRESCRIBE THE MANNER OF SELECTING THOSE PERSONS WHO ARE
5 DELEGATED AUTHORITY UNDER THIS SECTION TO SEIZE THE REGISTRATION
6 PLATES AND REGISTRATION CARDS. THIS REQUIREMENT DOES NOT APPLY
7 TO PERSONS DESCRIBED IN THIS SECTION WHO HAVE BEEN TRAINED
8 PURSUANT TO THE PROVISIONS OF SECTION 6117 (RELATING TO
9 AUTHORITY OF QUALIFIED EMPLOYEES OF DEPARTMENT AND DEPARTMENT OF
10 REVENUE).
11 * * *
12 § 1501. DRIVERS REQUIRED TO BE LICENSED.
13 * * *
14 (C) LIMITATION ON NUMBER OF LICENSES.--NO PERSON SHALL
15 RECEIVE A DRIVER'S LICENSE UNLESS AND UNTIL THE PERSON
16 SURRENDERS TO THE DEPARTMENT ALL VALID LICENSES IN THE PERSON'S
17 POSSESSION ISSUED BY THIS OR ANY OTHER STATE. [ALL] THE
18 DEPARTMENT SHALL EITHER RETURN SURRENDERED LICENSES ISSUED BY
19 ANOTHER STATE [SHALL BE RETURNED] TO THAT STATE OR SUBMIT A LIST
20 OF THE SURRENDERED LICENSES TO THE STATE, TOGETHER WITH
21 INFORMATION THAT THE PERSON IS LICENSED IN THIS COMMONWEALTH. NO
22 PERSON SHALL BE PERMITTED TO HAVE MORE THAN ONE VALID DRIVER'S
23 LICENSE ISSUED BY THIS OR ANY OTHER STATE AT ANY TIME. A
24 NONRESIDENT WHO HOLDS A NONRESIDENT COMMERCIAL DRIVER'S LICENSE
25 ISSUED BY THE COMMONWEALTH UNDER CHAPTER 16 (RELATING TO
26 COMMERCIAL DRIVERS) SHALL BE PERMITTED TO HAVE A REGULAR
27 DRIVER'S LICENSE ISSUED BY THE COUNTRY OF HIS RESIDENCE.
28 * * *
29 § 1503. PERSONS INELIGIBLE FOR LICENSING.
30 (A) GENERAL RULE.--THE DEPARTMENT SHALL NOT ISSUE [ANY] A
19970H0433B4169 - 60 -
1 DRIVER'S LICENSE TO, OR RENEW THE DRIVER'S LICENSE OF, ANY
2 PERSON:
3 (1) WHOSE OPERATING PRIVILEGE IS SUSPENDED OR REVOKED IN
4 THIS OR ANY OTHER STATE [EXCEPT AS OTHERWISE PROVIDED IN THIS
5 TITLE].
6 [(2) WHOSE OPERATING PRIVILEGE IS SUSPENDED OR REVOKED
7 IN ANY OTHER STATE UPON GROUNDS WHICH WOULD AUTHORIZE THE
8 SUSPENSION OR REVOCATION OF THE OPERATING PRIVILEGE UNDER
9 THIS TITLE.]
10 * * *
11 § 1508. EXAMINATION OF APPLICANT FOR DRIVER'S LICENSE.
12 * * *
13 (B) ISSUANCE OF LICENSE TO LICENSED NONRESIDENT.--A DRIVER'S
14 LICENSE MAY BE ISSUED TO A PERSON WHO HAS NOT HAD A LEARNER'S
15 PERMIT BUT WHO AT THE TIME OF APPLICATION IS OF SUFFICIENT AGE
16 AND HAS EITHER A VALID DRIVER'S LICENSE ISSUED BY ANOTHER STATE
17 OR A LICENSE ISSUED BY ANOTHER STATE WHICH HAS EXPIRED WITHIN
18 SIX MONTHS OF THE DATE OF APPLICATION UNDER A LAW OF THAT STATE
19 REQUIRING THE EXAMINATION AND LICENSING OF DRIVERS, PROVIDING
20 THAT THE APPLICANT DEMONSTRATES [KNOWLEDGE AND UNDERSTANDING OF
21 RULES OF THE ROAD AND OFFICIAL TRAFFIC-CONTROL DEVICES AND IS
22 VISUALLY, PHYSICALLY AND MENTALLY FIT] VISUAL FITNESS. ALSO, THE
23 DEPARTMENT MUST BE SATISFIED THAT THE APPLICANT'S EXPERIENCE IN
24 DRIVING VEHICLES WHICH MAY BE DRIVEN BY HOLDERS OF THE CLASSES
25 OF LICENSES SOUGHT BY THE APPLICANT IS SUFFICIENT TO JUSTIFY THE
26 ISSUANCE OF THE LICENSE WITHOUT FURTHER BEHIND-THE-WHEEL
27 TRAINING.
28 * * *
29 § 1511. CARRYING AND EXHIBITING DRIVER'S LICENSE ON DEMAND.
30 * * *
19970H0433B4169 - 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 15 DAYS A DRIVER'S LICENSE VALID IN THIS COMMONWEALTH AT
6 THE TIME OF THE ARREST]:
7 (1) PRODUCES AT THE HEADQUARTERS OF THE POLICE OFFICER
8 WHO DEMANDED TO SEE THE PERSON'S LICENSE, WITHIN 15 DAYS OF
9 THE DEMAND, A DRIVER'S LICENSE VALID IN THIS COMMONWEALTH AT
10 THE TIME OF THE DEMAND; OR
11 (2) IF A CITATION HAS BEEN FILED, PRODUCES AT THE OFFICE
12 OF THE ISSUING AUTHORITY, WITHIN 15 DAYS OF THE FILING OF THE
13 CITATION, A DRIVER'S LICENSE VALID IN THIS COMMONWEALTH ON
14 THE DATE OF THE CITATION.
15 § 1514. EXPIRATION AND RENEWAL OF DRIVERS' LICENSES.
16 (A) GENERAL RULE.--EVERY DRIVER'S LICENSE SHALL EXPIRE [IN
17 THE MONTH OF] ON THE DAY AFTER THE LICENSEE'S BIRTHDATE AT
18 INTERVALS OF NOT MORE THAN FOUR YEARS AS MAY BE DETERMINED BY
19 THE DEPARTMENT. EVERY LICENSE SHALL BE RENEWABLE ON OR BEFORE
20 ITS EXPIRATION UPON APPLICATION, PAYMENT OF THE REQUIRED FEE,
21 AND SATISFACTORY COMPLETION OF ANY EXAMINATION REQUIRED OR
22 AUTHORIZED BY THIS CHAPTER.
23 * * *
24 § 1516. DEPARTMENT RECORDS.
25 * * *
26 (B) ACCIDENTS AND CONVICTIONS.--THE DEPARTMENT SHALL FILE
27 ALL ACCIDENT REPORTS AND ABSTRACTS OF COURT RECORDS OF
28 CONVICTIONS RECEIVED BY IT UNDER THE LAWS OF THIS COMMONWEALTH
29 AND MAINTAIN ACTUAL OR FACSIMILE RECORDS OR MAKE SUITABLE
30 NOTATIONS IN ORDER THAT THE RECORDS OF EACH LICENSEE SHOWING
19970H0433B4169 - 62 -
1 CONVICTIONS OF THE LICENSEE, ANY DEPARTMENTAL ACTION INITIATED
2 AGAINST THE LICENSEE REGARDING A REPORTABLE ACCIDENT IN WHICH
3 THE LICENSEE WAS INVOLVED, AND THE TRAFFIC ACCIDENTS SHALL BE
4 AVAILABLE FOR OFFICIAL USE. COURT ABSTRACTS AND CERTIFICATIONS
5 OF CONVICTION AND ACCIDENT REPORTS SUBMITTED TO THE DEPARTMENT
6 UNDER THE LAWS OF THIS COMMONWEALTH SHALL BE CONSIDERED AS
7 RECORDS OF THE DEPARTMENT AND THE DEPARTMENT MAY STORE SUCH
8 DOCUMENTS IN ACCORDANCE WITH THE PROVISIONS OF 42 PA.C.S. § 6109
9 (RELATING TO PHOTOGRAPHIC COPIES OF BUSINESS AND PUBLIC RECORDS)
10 AND MAY ENTER INTO EVIDENCE COPIES OF SUCH DOCUMENTS IN
11 ACCORDANCE WITH THE PROVISIONS OF 42 PA.C.S. § 6103 (RELATING TO
12 PROOF OF OFFICIAL RECORDS). SUCH COPIES SHALL BE ADMISSIBLE INTO
13 EVIDENCE TO SUPPORT THE DEPARTMENT'S CASE IN AN APPEAL OF A
14 DEPARTMENT ACTION TAKEN UNDER CHAPTER 13 (RELATING TO
15 REGISTRATION OF VEHICLES), 15 (RELATING TO LICENSING OF
16 DRIVERS), 16 (RELATING TO COMMERCIAL DRIVERS) OR 17 (RELATING TO
17 FINANCIAL RESPONSIBILITY) OF THIS TITLE, AND THE CERTIFICATION
18 SHALL CONSTITUTE PRIMA FACIE PROOF OF THE FACTS AND INFORMATION
19 CONTAINED IN THE COURT ABSTRACT OR CERTIFICATION OF CONVICTION
20 OR ACCIDENT REPORT. THESE RECORDS SHALL ALSO BE MADE AVAILABLE
21 TO THE COURTS FOR SENTENCING PURPOSES.
22 (C) DISMISSAL OF CHARGES FOR VIOLATIONS.--IF A CHARGE FOR
23 VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE AGAINST ANY
24 PERSON IS DISMISSED WHERE THERE HAVE BEEN NO PRIOR CONVICTIONS
25 BY ANY COURT OF COMPETENT JURISDICTION, NO RECORD OF THE CHARGE
26 AND DISMISSAL SHALL BE INCLUDED IN THE DRIVING RECORD OF THE
27 PERSON. IF THE PERSON HAS BEEN PREVIOUSLY CONVICTED OF THE
28 CHARGE AND SUSPENSION WAS IMPOSED BY THE DEPARTMENT, WHICH
29 SUSPENSION WAS EITHER PARTIALLY OR FULLY SERVED, THE DEPARTMENT
30 MAY KEEP A RECORD OF THE OFFENSE FOR THE PURPOSE OF SHOWING THE
19970H0433B4169 - 63 -
1 SUSPENSION WAS IMPOSED AGAINST THE PERSON. IN ADDITION, THE
2 DEPARTMENT MAY KEEP RECORDS OF CHARGES THAT HAVE BEEN FILED WITH
3 THE COURTS, IN ORDER TO DETERMINE A PERSON'S ELIGIBILITY FOR A
4 PROBATIONARY LICENSE UNDER THE PROVISIONS OF SECTION 1554(B)(3)
5 (RELATING TO PROBATIONARY LICENSE).
6 * * *
7 § 1517. MEDICAL ADVISORY BOARD.
8 * * *
9 (B) [FORMULATION OF REGULATIONS] DUTIES.--THE BOARD [SHALL
10 FORMULATE RULES AND REGULATIONS FOR ADOPTION BY THE DEPARTMENT
11 ON] MAY ADVISE THE DEPARTMENT AND REVIEW REGULATIONS PROPOSED BY
12 THE DEPARTMENT CONCERNING PHYSICAL AND MENTAL CRITERIA INCLUDING
13 VISION STANDARDS RELATING TO THE LICENSING OF DRIVERS UNDER THE
14 PROVISIONS OF THIS CHAPTER.
15 SECTION 14. SECTION 1532 HEADING AND (A) INTRODUCTORY
16 PARAGRAPH AND (3) AND (B)(3) OF TITLE 75 ARE AMENDED TO READ:
17 § 1532. [REVOCATION OR SUSPENSION] SUSPENSION OF OPERATING
18 PRIVILEGE.
19 (A) [REVOCATION] ONE-YEAR SUSPENSION.--THE DEPARTMENT SHALL
20 [REVOKE] SUSPEND THE OPERATING PRIVILEGE OF ANY DRIVER FOR ONE
21 YEAR UPON RECEIVING A CERTIFIED RECORD OF THE DRIVER'S
22 CONVICTION OF OR AN ADJUDICATION OF DELINQUENCY BASED ON ANY OF
23 THE FOLLOWING OFFENSES:
24 * * *
25 (3) ANY VIOLATION OF THE FOLLOWING PROVISIONS:
26 SECTION 3732 (RELATING TO HOMICIDE BY VEHICLE).
27 SECTION 3735.1 (RELATING TO AGGRAVATED ASSAULT BY
28 VEHICLE WHILE DRIVING UNDER THE INFLUENCE).
29 SECTION 3742 (RELATING TO ACCIDENTS INVOLVING DEATH
30 OR PERSONAL INJURY).
19970H0433B4169 - 64 -
1 SECTION 3742.1 (RELATING TO ACCIDENTS INVOLVING DEATH
2 OR PERSONAL INJURY WHILE NOT PROPERLY LICENSED).
3 SECTION 7102(B) (RELATING TO REMOVAL OR FALSIFICATION
4 OF IDENTIFICATION NUMBER).
5 SECTION 7103(B) (RELATING TO DEALING IN VEHICLES WITH
6 REMOVED OR FALSIFIED NUMBERS).
7 SECTION 7111 (RELATING TO DEALING IN TITLES AND
8 PLATES FOR STOLEN VEHICLES).
9 SECTION 7121 (RELATING TO FALSE APPLICATION FOR
10 CERTIFICATE OF TITLE OR REGISTRATION).
11 SECTION 7122 (RELATING TO ALTERED, FORGED OR
12 COUNTERFEIT DOCUMENTS AND PLATES).
13 * * *
14 (B) SUSPENSION.--
15 * * *
16 (3) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
17 OF ANY DRIVER FOR 12 MONTHS UPON RECEIVING A CERTIFIED RECORD
18 OF THE DRIVER'S CONVICTION OF SECTION 3731 (RELATING TO
19 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
20 OR 3733 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE POLICE
21 OFFICER), OR SUBSTANTIALLY SIMILAR OFFENSES REPORTED TO THE
22 DEPARTMENT UNDER ARTICLE III OF SECTION 1581 (RELATING TO
23 DRIVER'S LICENSE COMPACT), OR AN ADJUDICATION OF DELINQUENCY
24 BASED ON SECTION 3731 OR 3733. THE DEPARTMENT SHALL SUSPEND
25 THE OPERATING PRIVILEGE OF ANY DRIVER FOR SIX MONTHS UPON
26 RECEIVING A CERTIFIED RECORD OF A CONSENT DECREE GRANTED
27 UNDER 42 PA.C.S. CH. 63 (RELATING TO JUVENILE MATTERS) BASED
28 ON SECTION 3731 OR 3733.
29 * * *
30 SECTION 15. SECTIONS 1535(A), 1537(A) AND 1540(A) OF TITLE
19970H0433B4169 - 65 -
1 75 ARE AMENDED TO READ:
2 § 1535. SCHEDULE OF CONVICTIONS AND POINTS.
3 (A) GENERAL RULE.--A POINT SYSTEM FOR DRIVER EDUCATION AND
4 CONTROL IS HEREBY ESTABLISHED WHICH IS RELATED TO OTHER
5 PROVISIONS FOR USE, SUSPENSION AND REVOCATION OF THE OPERATING
6 PRIVILEGE AS SPECIFIED UNDER THIS TITLE. EVERY DRIVER LICENSED
7 IN THIS COMMONWEALTH WHO IS CONVICTED OF ANY OF THE FOLLOWING
8 OFFENSES SHALL BE ASSESSED POINTS AS OF THE DATE OF VIOLATION IN
9 ACCORDANCE WITH THE FOLLOWING SCHEDULE:
10 SECTION NUMBER OFFENSE POINTS
11 1512 VIOLATION OF RESTRICTION ON
12 DRIVER'S LICENSE. 2
13 1571 VIOLATION CONCERNING LICENSE. 3
14 3102 FAILURE TO OBEY POLICEMAN OR
15 AUTHORIZED PERSON. 2
16 3112(A)(3)(I) OR (II)
17 FAILURE TO STOP FOR A RED LIGHT. 3
18 3114(A)(1) FAILURE TO STOP FOR A FLASHING
19 RED LIGHT. 3
20 3302 FAILURE TO YIELD HALF OF ROADWAY
21 TO ONCOMING VEHICLE. 3
22 3303 IMPROPER PASSING. 3
23 3304 OTHER IMPROPER PASSING. 3
24 3305 OTHER IMPROPER PASSING. 3
25 3306(A)(1) OTHER IMPROPER PASSING. 4
26 3306(A)(2) OTHER IMPROPER PASSING. 3
27 3306(A)(3) OTHER IMPROPER PASSING. 3
28 3307 OTHER IMPROPER PASSING. 3
29 3310 FOLLOWING TOO CLOSELY. 3
30 3321 FAILURE TO YIELD TO DRIVER ON THE
19970H0433B4169 - 66 -
1 RIGHT AT INTERSECTION. 3
2 3322 FAILURE TO YIELD TO ONCOMING
3 DRIVER WHEN MAKING LEFT TURN. 3
4 3323(B) FAILURE TO STOP FOR STOP SIGN. 3
5 3323(C) FAILURE TO YIELD AT YIELD SIGN. 3
6 3324 FAILURE TO YIELD WHEN ENTERING OR
7 CROSSING ROADWAY BETWEEN INTER-
8 SECTIONS. 3
9 3332 IMPROPER TURNING AROUND. 3
10 [3341 FAILURE TO STOP FOR FLASHING RED
11 LIGHTS OR GATE AT RAILROAD
12 CROSSING. 3]
13 3341(A) FAILURE TO OBEY SIGNAL INDICATING
14 APPROACH OF TRAIN. 2
15 3341(B) FAILURE TO COMPLY WITH CROSSING
16 GATE OR BARRIER. 4
17 (AND 30 DAYS SUSPENSION)
18 3342(B) OR (E) FAILURE TO STOP
19 AT RAILROAD CROSSINGS. 4
20 3344 FAILURE TO STOP WHEN ENTERING FROM
21 ALLEY, DRIVEWAY OR BUILDING. 3
22 3345(A) FAILURE TO STOP FOR SCHOOL BUS
23 WITH FLASHING RED LIGHTS. 5
24 (AND 60 DAYS SUSPENSION)
25 3361 DRIVING TOO FAST FOR CONDITIONS. 2
26 3362 EXCEEDING MAXIMUM SPEED.--OVER LIMIT:
27 6-10 2
28 11-15 3
29 16-25 4
30 26-30 5
19970H0433B4169 - 67 -
1 31-OVER 5
2 (AND DEPARTMENTAL HEARING
3 AND SANCTIONS PROVIDED
4 UNDER SECTION 1538(D))
5 3365(B) EXCEEDING SPECIAL SPEED LIMIT
6 IN SCHOOL ZONE. 3
7 3365(C) EXCEEDING SPECIAL SPEED LIMIT
8 FOR TRUCKS ON DOWNGRADES. 3
9 3542(A) FAILURE TO YIELD TO PEDESTRIAN IN
10 CROSSWALK. 2
11 3547 FAILURE TO YIELD TO PEDESTRIAN ON
12 SIDEWALK. 3
13 3549(A) FAILURE TO YIELD TO BLIND
14 PEDESTRIAN. 3
15 3702 IMPROPER BACKING. 3
16 3714 CARELESS DRIVING. 3
17 3745 LEAVING SCENE OF ACCIDENT
18 INVOLVING PROPERTY DAMAGE ONLY. 4
19 * * *
20 § 1537. REMOVAL OF POINTS.
21 (A) GENERAL RULE.--POINTS RECORDED AGAINST ANY PERSON SHALL
22 BE REMOVED AT THE RATE OF THREE POINTS FOR EACH 12 CONSECUTIVE
23 MONTHS IN WHICH SUCH PERSON IS NOT UNDER SUSPENSION OR
24 REVOCATION OR HAS NOT COMMITTED ANY VIOLATION WHICH RESULTS IN
25 THE ASSIGNMENT OF POINTS OR IN SUSPENSION OR REVOCATION UNDER
26 THIS CHAPTER. [REMOVAL OF POINTS IS GOVERNED BY THE DATE OF
27 VIOLATION.]
28 * * *
29 § 1540. SURRENDER OF LICENSE.
30 (A) CONVICTION OF OFFENSE.--UPON A CONVICTION BY A COURT OF
19970H0433B4169 - 68 -
1 COMPETENT JURISDICTION FOR ANY OFFENSE WHICH CALLS FOR MANDATORY
2 SUSPENSION IN ACCORDANCE WITH SECTION 1532 (RELATING TO
3 [REVOCATION OR] SUSPENSION OF OPERATING PRIVILEGE), THE COURT OR
4 THE DISTRICT ATTORNEY SHALL REQUIRE THE SURRENDER OF ANY
5 DRIVER'S LICENSE THEN HELD BY THE DEFENDANT AND SHALL FORWARD
6 THE DRIVER'S LICENSE TOGETHER WITH A RECORD OF THE CONVICTION TO
7 THE DEPARTMENT. THE SUSPENSION [OR REVOCATION] SHALL BE
8 EFFECTIVE UPON A DATE DETERMINED BY THE COURT OR DISTRICT
9 ATTORNEY OR UPON THE DATE OF SURRENDER OF THE LICENSE TO THE
10 COURT OR DISTRICT ATTORNEY, WHICHEVER SHALL FIRST OCCUR.
11 * * *
12 SECTION 16. SECTION 1541 OF TITLE 75 IS AMENDED BY ADDING A
13 SUBSECTION TO READ:
14 § 1541. PERIOD OF REVOCATION OR SUSPENSION OF OPERATING
15 PRIVILEGE.
16 * * *
17 (A.1) CREDIT TOWARD SERVING PERIOD OF SUSPENSION FOR CERTAIN
18 VIOLATIONS.--CREDIT TOWARD SERVING THE PERIOD OF SUSPENSION OR
19 REVOCATION IMPOSED FOR SECTIONS 3731 (RELATING TO DRIVING UNDER
20 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE), 3732 (RELATING TO
21 HOMICIDE BY VEHICLE), 3735 (RELATING TO HOMICIDE BY VEHICLE
22 WHILE DRIVING UNDER THE INFLUENCE) AND 3735.1 (RELATING TO
23 AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE INFLUENCE)
24 SHALL NOT COMMENCE UNTIL THE DATE OF THE PERSON'S RELEASE FROM
25 PRISON.
26 * * *
27 SECTION 17. SECTION 1542(B) OF TITLE 75 IS AMENDED BY ADDING
28 A PARAGRAPH TO READ:
29 § 1542. REVOCATION OF HABITUAL OFFENDER'S LICENSE.
30 * * *
19970H0433B4169 - 69 -
1 (B) OFFENSES ENUMERATED.--THREE CONVICTIONS ARISING FROM
2 SEPARATE ACTS OF ANY ONE OR MORE OF THE FOLLOWING OFFENSES
3 COMMITTED BY ANY PERSON SHALL RESULT IN SUCH PERSON BEING
4 DESIGNATED AS A HABITUAL OFFENDER:
5 * * *
6 (3.1) ANY VIOLATION OF SECTION 3742.1 (RELATING TO
7 ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE NOT
8 PROPERLY LICENSED).
9 * * *
10 SECTION 18. SECTIONS 1543(B), 1547(C)(2) AND 1551 OF TITLE
11 75 ARE AMENDED TO READ:
12 § 1543. DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED OR
13 REVOKED.
14 * * *
15 (B) CERTAIN OFFENSES.--
16 (1) ANY PERSON WHO DRIVES A MOTOR VEHICLE ON ANY HIGHWAY
17 OR TRAFFICWAY OF THIS COMMONWEALTH AT A TIME WHEN THEIR
18 OPERATING PRIVILEGE IS SUSPENDED OR REVOKED AS A CONDITION OF
19 ACCEPTANCE OF ACCELERATED REHABILITATIVE DISPOSITION FOR A
20 VIOLATION OF SECTION 3731 (RELATING TO DRIVING UNDER
21 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR BECAUSE OF A
22 VIOLATION OF SECTION 1547(B)(1) (RELATING TO SUSPENSION FOR
23 REFUSAL), [OR] SECTION 3731 OR SUSPENDED UNDER SECTION 1581
24 (RELATING TO DRIVER LICENSE COMPACT) FOR AN OFFENSE
25 SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION 3731 SHALL,
26 UPON CONVICTION, BE GUILTY OF A SUMMARY OFFENSE AND SHALL BE
27 SENTENCED TO PAY A FINE OF $1,000 AND TO UNDERGO IMPRISONMENT
28 FOR A PERIOD OF NOT LESS THAN 90 DAYS.
29 (2) THIS SUBSECTION SHALL APPLY TO ANY PERSON AGAINST
30 WHOM ONE OF THESE SUSPENSIONS HAS BEEN IMPOSED WHETHER THE
19970H0433B4169 - 70 -
1 PERSON IS CURRENTLY SERVING THIS SUSPENSION OR WHETHER THE
2 EFFECTIVE DATE OF SUSPENSION HAS BEEN DEFERRED UNDER ANY OF
3 THE PROVISIONS OF ANY OF THE PROVISIONS OF SECTION 1544
4 (RELATING TO ADDITIONAL PERIOD OF REVOCATION OR SUSPENSION).
5 THIS PROVISION SHALL ALSO APPLY UNTIL THE PERSON HAS HAD THE
6 OPERATING PRIVILEGE RESTORED. THIS SUBSECTION SHALL ALSO
7 APPLY TO ANY REVOCATION IMPOSED PURSUANT TO SECTION 1542
8 (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE) IF
9 ANY OF THE ENUMERATED OFFENSES WAS FOR A VIOLATION OF SECTION
10 3731 OR FOR AN OUT-OF-STATE OFFENSE THAT IS SUBSTANTIALLY
11 SIMILAR TO A VIOLATION OF SECTION 3731 FOR WHICH A REVOCATION
12 IS IMPOSED UNDER SECTION 1581 (RELATING TO DRIVER LICENSE
13 COMPACT).
14 * * *
15 § 1547. CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR
16 CONTROLLED SUBSTANCE.
17 * * *
18 (C) TEST RESULTS ADMISSIBLE IN EVIDENCE.--IN ANY SUMMARY
19 PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT IS
20 CHARGED WITH A VIOLATION OF SECTION 3731 OR ANY OTHER VIOLATION
21 OF THIS TITLE ARISING OUT OF THE SAME ACTION, THE AMOUNT OF
22 ALCOHOL OR CONTROLLED SUBSTANCE IN THE DEFENDANT'S BLOOD, AS
23 SHOWN BY CHEMICAL TESTING OF THE PERSON'S BREATH, BLOOD OR
24 URINE, WHICH TESTS WERE CONDUCTED BY QUALIFIED PERSONS USING
25 APPROVED EQUIPMENT, SHALL BE ADMISSIBLE IN EVIDENCE.
26 * * *
27 (2) CHEMICAL TESTS OF BLOOD OR URINE SHALL BE PERFORMED
28 BY A CLINICAL LABORATORY LICENSED AND APPROVED BY THE
29 DEPARTMENT OF HEALTH FOR THIS PURPOSE USING PROCEDURES AND
30 EQUIPMENT PRESCRIBED BY THE DEPARTMENT OF HEALTH OR BY A
19970H0433B4169 - 71 -
1 PENNSYLVANIA STATE POLICE CRIMINAL LABORATORY. FOR PURPOSES
2 OF BLOOD AND URINE TESTING, QUALIFIED PERSON MEANS AN
3 INDIVIDUAL WHO IS AUTHORIZED TO PERFORM THOSE CHEMICAL TESTS
4 UNDER THE ACT OF SEPTEMBER 26, 1951 (P.L.1539, NO.389), KNOWN
5 AS ["]THE CLINICAL LABORATORY ACT.["]
6 * * *
7 § 1551. NOTICE OF DEPARTMENT ACTION.
8 THE DEPARTMENT SHALL PROMPTLY [NOTIFY] MAIL A NOTICE TO EACH
9 PERSON WHOSE LICENSE [OR PERMIT] IS SUSPENDED AS A RESULT OF THE
10 ACCUMULATION OF POINTS UNDER SECTION 1539 (RELATING TO
11 SUSPENSION OF OPERATING PRIVILEGE ON ACCUMULATION OF POINTS).
12 THE [NOTIFICATION THAT THE LICENSE OR PERMIT IS SUSPENDED]
13 NOTICE SHALL BE [MADE] MAILED TO THE ADDRESS OF RECORD WITHIN
14 SIX MONTHS FOLLOWING THE CONVICTION OF A VIOLATION OF THIS TITLE
15 THAT RESULTED IN THE ADDITION OF SUFFICIENT POINTS TO CAUSE THE
16 SUSPENSION. FAILURE OF THE DEPARTMENT TO [GIVE PROMPT] MAIL
17 NOTICE OF SUSPENSION AS REQUIRED BY THIS SECTION SHALL PROHIBIT
18 THE DEPARTMENT FROM SUSPENDING THE LICENSE [OR PERMIT] OF SUCH
19 PERSON. THIS SECTION SHALL NOT APPLY TO ANY SUSPENSION WHICH
20 WOULD HAVE BEEN IMPOSED AS THE RESULT OF POINTS WHICH HAVE BEEN
21 ASSIGNED TO A PERSON'S RECORD AFTER THE PERSON HAS FILED AN
22 APPEAL UNDER SECTION 1550 (RELATING TO JUDICIAL REVIEW) UNTIL
23 THE APPEAL HAS BEEN FINALLY DETERMINED AND FOR SIX MONTHS AFTER
24 THE DEPARTMENT IS NOTIFIED OF THE DETERMINATION. THIS SECTION
25 SHALL NOT APPLY TO A SUSPENSION IMPOSED AS THE RESULT OF THE
26 DETERMINATION OF THE APPEAL, WHETHER IT BE THE REIMPOSITION OF
27 THE SUSPENSION ORIGINALLY ORDERED OR THE IMPOSITION OF A
28 DIFFERENT SUSPENSION REQUIRED BECAUSE THE DEPARTMENT MUST
29 RECALCULATE THE RECORD DUE TO A COURT ORDER.
30 SECTION 19. SECTION 1553(D) OF TITLE 75 IS AMENDED BY ADDING
19970H0433B4169 - 72 -
1 A PARAGRAPH TO READ:
2 § 1553. OCCUPATIONAL LIMITED LICENSE.
3 * * *
4 (D) UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL PROHIBIT
5 ISSUANCE OF AN OCCUPATIONAL LIMITED LICENSE TO:
6 * * *
7 (17) ANY PERSON WHOSE OPERATING PRIVILEGE HAS BEEN
8 SUSPENDED AS THE RESULT OF A CONVICTION OF A VIOLATION OF
9 SECTION 7102(B) (RELATING TO REMOVAL OR FALSIFICATION OF
10 IDENTIFICATION NUMBER), 7103(B) (RELATING TO DEALING IN
11 VEHICLES WITH REMOVED OR FALSIFIED NUMBERS), 7111 (RELATING
12 TO DEALING IN TITLES AND PLATES FOR STOLEN VEHICLES), 7121
13 (RELATING TO FALSE APPLICATION FOR CERTIFICATE OF TITLE OR
14 REGISTRATION) OR SECTION 7122 (RELATING TO ALTERED, FORGED OR
15 COUNTERFEIT DOCUMENTS AND PLATES), UNLESS THE SUSPENSION HAS
16 BEEN FULLY SERVED.
17 * * *
18 SECTION 20. SECTIONS 1554(A) AND (F)(4), 1572(B) AND 1584 OF
19 TITLE 75 ARE AMENDED TO READ:
20 § 1554. PROBATIONARY LICENSE.
21 (A) ISSUANCE.--UNLESS OTHERWISE PROHIBITED UNDER ANY OTHER
22 PROVISION IN THIS SECTION, THE DEPARTMENT MAY ISSUE A
23 PROBATIONARY LICENSE UNDER THIS SECTION TO:
24 (1) A PERSON WHO HAS BEEN DESIGNATED AS A HABITUAL
25 OFFENDER UNDER SECTION 1542 (RELATING TO REVOCATION OF
26 HABITUAL OFFENDER'S LICENSE) AND WHOSE OPERATING PRIVILEGE
27 HAS BEEN REVOKED [OR TO];
28 (2) A PERSON WHOSE OPERATING PRIVILEGE HAS BEEN
29 SUSPENDED AND WHO HAS BEEN RELEASED FROM PRISON AFTER SERVING
30 A TERM OF IMPRISONMENT FOR ANY OFFENSE ENUMERATED IN SECTION
19970H0433B4169 - 73 -
1 1541(A.1) (RELATING TO PERIOD OF REVOCATION OR SUSPENSION OF
2 OPERATING PRIVILEGE) FOR THE PERIOD OF THE SUSPENSION WHICH
3 EXTENDS MORE THAN ONE YEAR FROM THE DATE OF SURRENDER OF THE
4 LICENSE PURSUANT TO SECTION 1541(A); OR
5 (3) A PERSON WITH AN ACCUMULATION OF SUSPENSIONS OR
6 REVOCATIONS WHEREIN THE CUMULATIVE TERM OF SUSPENSION OR
7 REVOCATION IS FIVE OR MORE YEARS.
8 THE DEPARTMENT MAY ISSUE A PROBATIONARY LICENSE FOR THE
9 OPERATION OF ONLY A CLASS C NONCOMMERCIAL MOTOR VEHICLE.
10 * * *
11 (F) UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL NOT ISSUE A
12 PROBATIONARY LICENSE TO:
13 * * *
14 (4) A PERSON [WHOSE OPERATING PRIVILEGE IS CURRENTLY
15 SUSPENDED FOR FAILURE TO ATTEND AND] WHO HAS NOT
16 SATISFACTORILY [COMPLETE] COMPLETED A DRIVER IMPROVEMENT
17 COURSE OR SPECIAL EXAMINATION OR [FAILURE TO ATTEND] WHO HAS
18 NOT ATTENDED A HEARING REQUIRED UNDER SECTION 1538 (RELATING
19 TO SCHOOL, EXAMINATION OR HEARING ON ACCUMULATION OF POINTS
20 OR EXCESSIVE SPEEDING).
21 * * *
22 § 1572. CANCELLATION OF DRIVER'S LICENSE.
23 * * *
24 (B) OTHER STATES.--THE DEPARTMENT SHALL CANCEL A DRIVER'S
25 LICENSE ISSUED [DURING THE PERIOD OF ANOTHER STATE'S SUSPENSION
26 OR REVOCATION FOLLOWING AN OFFENSE WHICH RESULTED IN AN OUT-OF-
27 STATE SUSPENSION OR REVOCATION IF THE OFFENSE WOULD RESULT IN
28 SUSPENSION OR REVOCATION UNDER THIS TITLE.] TO AN INDIVIDUAL WHO
29 HAS APPLIED FOR A PENNSYLVANIA DRIVER'S LICENSE AFTER THE
30 COMMISSION OF AN OFFENSE IN ANOTHER STATE WHICH LATER RESULTED
19970H0433B4169 - 74 -
1 IN SUSPENSION, REVOCATION OR DISQUALIFICATION IN THE OTHER STATE
2 IF THE OFFENSE WOULD HAVE RESULTED IN THE SUSPENSION, REVOCATION
3 OR DISQUALIFICATION UNDER THIS TITLE OR WHERE THE OFFENSE WAS
4 SUBSTANTIALLY SIMILAR TO OFFENSES WHICH IN THIS STATE WOULD HAVE
5 CAUSED A SUSPENSION, REVOCATION OR DISQUALIFICATION.
6 § 1584. FURNISHING OF INFORMATION TO OTHER STATES.
7 THE DEPARTMENT OF TRANSPORTATION OF THE COMMONWEALTH SHALL
8 FURNISH TO THE APPROPRIATE AUTHORITIES OF ANY OTHER PARTY STATE
9 ANY INFORMATION OR DOCUMENTS REASONABLY NECESSARY TO FACILITATE
10 THE ADMINISTRATION OF ARTICLES III, IV AND V OF THE COMPACT. THE
11 OMISSION FROM ANY REPORT RECEIVED BY THE DEPARTMENT FROM A PARTY
12 STATE OF ANY INFORMATION REQUIRED BY ARTICLE III OF THE COMPACT
13 SHALL NOT EXCUSE OR PREVENT THE DEPARTMENT FROM COMPLYING WITH
14 ITS DUTIES UNDER ARTICLES IV AND V OF THE COMPACT.
15 SECTION 21. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
16 § 1586. DUTIES OF DEPARTMENT.
17 THE DEPARTMENT SHALL, FOR PURPOSES OF IMPOSING A SUSPENSION
18 OR REVOCATION UNDER ARTICLE IV OF THE COMPACT, TREAT REPORTS OF
19 CONVICTIONS RECEIVED FROM PARTY STATES THAT RELATE TO DRIVING,
20 OPERATING OR BEING IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE
21 IMPAIRED BY OR UNDER THE INFLUENCE OF ALCOHOL, INTOXICATING
22 LIQUOR, DRUGS, NARCOTICS, CONTROLLED SUBSTANCES OR OTHER
23 IMPAIRING OR INTOXICATING SUBSTANCE AS BEING SUBSTANTIALLY
24 SIMILAR TO SECTION 3731 (RELATING TO DRIVING UNDER THE INFLUENCE
25 OF ALCOHOL OR CONTROLLED SUBSTANCE). THE FACT THAT THE OFFENSE
26 REPORTED TO THE DEPARTMENT BY A PARTY STATE MAY REQUIRE A
27 DIFFERENT DEGREE OF IMPAIRMENT OF A PERSON'S ABILITY TO OPERATE,
28 DRIVE OR CONTROL A VEHICLE THAN THAT REQUIRED TO SUPPORT A
29 CONVICTION FOR A VIOLATION OF SECTION 3731 SHALL NOT BE A BASIS
30 FOR DETERMINING THAT THE PARTY STATE'S OFFENSE IS NOT
19970H0433B4169 - 75 -
1 SUBSTANTIALLY SIMILAR TO SECTION 3731 FOR PURPOSES OF ARTICLE IV
2 OF THE COMPACT.
3 SECTION 22. SECTION 1901 HEADING, (C)(16) AND (D)(2) OF
4 TITLE 75 ARE AMENDED AND SUBSECTION (C) IS AMENDED BY ADDING A
5 PARAGRAPH TO READ:
6 § 1901. EXEMPTION OF PERSONS, ENTITIES AND VEHICLES FROM FEES.
7 * * *
8 (C) PROCESSING FEE IN LIEU OF REGISTRATION FEE.--NO
9 REGISTRATION FEE SHALL BE CHARGED FOR VEHICLES REGISTERED BY ANY
10 OF THE FOLLOWING BUT THE DEPARTMENT SHALL CHARGE A FEE OF $10 TO
11 COVER THE COSTS OF PROCESSING FOR ISSUING OR RENEWING THE
12 REGISTRATION:
13 * * *
14 (16) ANY PERSON WHO IS RETIRED AND RECEIVING SOCIAL
15 SECURITY OR OTHER PENSION AND WHOSE TOTAL ANNUAL INCOME DOES
16 NOT EXCEED [$14,999 PER YEAR] $19,200. UNLESS THE RETIRED
17 PERSON IS PHYSICALLY OR MENTALLY INCAPABLE OF DRIVING THE
18 VEHICLE, THE RETIRED PERSON SHALL BE THE PRINCIPAL DRIVER OF
19 THE VEHICLE BUT MAY FROM TIME TO TIME AUTHORIZE ANOTHER
20 PERSON TO DRIVE THE VEHICLE IN HIS OR HER STEAD.
21 * * *
22 (23) NONPROFIT CORPORATIONS THAT PROVIDE AMBULANCE OR
23 EMERGENCY MEDICAL SERVICES.
24 (D) LIMITATIONS.--
25 * * *
26 (2) ONLY ONE PASSENGER [VEHICLE OR ONE OTHER VEHICLE]
27 CAR OR TRUCK WITH A [GROSS WEIGHT OR] REGISTERED GROSS WEIGHT
28 OF NOT MORE THAN 9,000 POUNDS MAY BE REGISTERED TO ANY PERSON
29 UNDER THE PROVISIONS OF SUBSECTION (B)(4) AND SUBSECTION
30 (C)(16), (17), (18) AND (19).
19970H0433B4169 - 76 -
1 * * *
2 SECTION 23. SECTION 1902(5) OF TITLE 75 IS AMENDED TO READ:
3 § 1902. EXEMPTIONS FROM OTHER FEES.
4 NO FEE SHALL BE CHARGED UNDER THIS TITLE FOR OR TO ANY OF THE
5 FOLLOWING:
6 * * *
7 (5) A SPECIAL HAULING PERMIT ISSUED TO ANY PERSON:
8 (I) HAULING EQUIPMENT OR MATERIALS FOR USE ON A
9 FEDERAL OR STATE EMERGENCY RELIEF PROJECT[.]; OR
10 (II) HAULING A HOLIDAY TREE FOR A GOVERNMENTAL
11 ENTITY AT NO CHARGE.
12 * * *
13 SECTION 24. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
14 § 1926.3. ADDITIONAL ANNUAL FEE FOR CERTAIN REGISTRATIONS.
15 (A) ANNUAL RETENTION FEE.--THE ANNUAL RETENTION FEE FOR A
16 REGISTRATION PLATE UNDER SECTIONS 1352 (RELATING TO WILD
17 RESOURCE CONSERVATION PLATE), 1353 (RELATING TO PRESERVE OUR
18 HERITAGE REGISTRATION PLATE), 1354 (RELATING TO FLAGSHIP NIAGARA
19 COMMEMORATIVE REGISTRATION PLATE), 1355 (RELATING TO ZOOLOGICAL
20 PLATE), 1358 (RELATING TO DARE PLATE) AND 1361 (RELATING TO
21 CRUISER OLYMPIA REGISTRATION PLATE) SHALL BE $10. THE ANNUAL
22 RETENTION FEE SHALL BE IN ADDITION TO THE ANNUAL REGISTRATION
23 FEE. NINE DOLLARS OF EACH RETENTION FEE REMITTED IN ACCORDANCE
24 WITH THIS SECTION SHALL BE PAID TO THE FUND, ACCOUNT OR PROGRAM
25 FOR WHICH THE REGISTRATION PLATE WAS ESTABLISHED. FOR ANY
26 SPECIAL FUND PLATE ISSUED PRIOR TO OCTOBER 1, 1999, THE
27 REGISTRANT MAY ELECT TO HAVE THE DEPARTMENT ISSUE A FREE
28 STANDARD ISSUE REPLACEMENT PLATE IN LIEU OF PAYMENT OF THE
29 ANNUAL RETENTION FEE. THE FREE REPLACEMENT IS VALID ONLY FOR THE
30 FIRST RENEWAL PERIOD AFTER THE EFFECTIVE DATE OF THIS SECTION.
19970H0433B4169 - 77 -
1 (B) ADMINISTRATIVE COSTS.--ON DECEMBER 1, 2000, THE WILD
2 RESOURCE CONSERVATION FUND, THE HISTORICAL PRESERVATION FUND,
3 THE FLAGSHIP NIAGARA ACCOUNT, THE ZOOLOGICAL ENHANCEMENT FUND
4 AND THE DRUG ABUSE RESISTANCE EDUCATION PROGRAM SHALL REIMBURSE
5 THE DEPARTMENT FOR THE INITIAL COSTS INCURRED IN THE
6 IMPLEMENTATION OF SUBSECTION (A). EACH FUND, ACCOUNT OR PROGRAM
7 SHALL REIMBURSE THE DEPARTMENT IN PROPORTION TO THE NUMBER OF
8 REGISTRATION PLATE RENEWALS THEY RECEIVE UNDER THIS SUBSECTION
9 FOR THE PERIOD OCTOBER 1, 1999, THROUGH OCTOBER 1, 2000.
10 SECTION 25. SECTIONS 1928 AND 1932 OF TITLE 75 ARE AMENDED
11 TO READ:
12 § 1928. TEMPORARY AND ELECTRONICALLY ISSUED REGISTRATION
13 PLATES.
14 THE FEE PAYABLE BY A DEALER OR OTHER DISPENSING AGENT FOR A
15 TEMPORARY REGISTRATION PLATE OR FOR A REGISTRATION PLATE TO BE
16 ISSUED FOR NEW REGISTRATION PROCESSED ELECTRONICALLY WITH THE
17 DEPARTMENT SHALL BE $5. THE CHARGE OF THE AGENT FOR PROVIDING AN
18 APPLICANT WITH A [TEMPORARY] PLATE UNDER THIS SECTION SHALL NOT
19 EXCEED A TOTAL OF $10.
20 § 1932. DUPLICATE REGISTRATION CARDS.
21 THE FEE FOR EACH DUPLICATE REGISTRATION CARD, WHEN ORDERED AT
22 THE TIME OF VEHICLE REGISTRATION [OR], THE TRANSFER OR RENEWAL
23 OF REGISTRATION OR THE REPLACEMENT OF A REGISTRATION PLATE SHALL
24 BE $1.50. THE FEE FOR EACH DUPLICATE REGISTRATION CARD ISSUED AT
25 ANY OTHER TIME SHALL BE $4.50.
26 SECTION 26. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
27 § 1934. GENERAL REISSUANCE.
28 NO FEE SHALL BE CHARGED UNDER THIS TITLE FOR ANY REGISTRATION
29 PLATE ISSUED AS A RESULT OF THE DEPARTMENT'S ORDER OF A GENERAL
30 REISSUANCE OF REGISTRATION PLATES PROVIDED THE REGISTRATION
19970H0433B4169 - 78 -
1 PLATE IS ISSUED AT THE TIME DESIGNATED BY THE DEPARTMENT. THIS
2 SECTION SHALL SUPERSEDE ANY OTHER PROVISION IN THIS TITLE WHICH
3 PRESCRIBES A FEE FOR THE ISSUANCE OF A REGISTRATION PLATE.
4 SECTION 27. SECTION 1942 OF TITLE 75 IS AMENDED TO READ:
5 § 1942. SPECIAL HAULING PERMITS AS TO WEIGHT AND SIZE.
6 (A) FEE SCHEDULE.--THE FEE FOR A SPECIAL HAULING PERMIT FOR
7 EACH MOVEMENT OF AN OVERWEIGHT OR OVERSIZE VEHICLE OR LOAD, OR
8 BOTH, SHALL BE [$15. AN OVERWEIGHT VEHICLE SHALL BE CHARGED AN
9 ADDITIONAL 3¢ PER TON-MILE FOR THE NUMBER OF TONS BY WHICH THE
10 GROSS WEIGHT EXCEEDS THE REGISTERED GROSS WEIGHT.] AS FOLLOWS:
11 (1) OVERSIZE VEHICLE OR LOAD, OR BOTH, HAVING A WIDTH UP
12 TO 14 FEET AND NOT EXCEEDING LEGAL WEIGHT LIMIT, $25.
13 (2) OVERSIZE VEHICLE OR LOAD, OR BOTH, HAVING A WIDTH
14 EXCEEDING 14 FEET AND NOT EXCEEDING ANY LEGAL WEIGHT LIMIT,
15 $50.
16 (3) VEHICLE AND LOAD WEIGHING IN EXCESS OF LEGAL WEIGHT
17 LIMIT, 3¢ PER MILE PER TON BY WHICH THE GROSS WEIGHT EXCEEDS
18 THE REGISTERED GROSS WEIGHT.
19 (B) CUMULATIVE FEES.--FEES UNDER SUBSECTION (A) ARE
20 CUMULATIVE, SO THAT A VEHICLE AND LOAD WHICH ARE BOTH OVERSIZE
21 AND OVERWEIGHT WOULD BE SUBJECT TO A FEE UNDER SUBSECTION (A)(1)
22 OR (2) AND SUBSECTION (A)(3).
23 SECTION 28. SECTION 1943(A), (C)(2)(I) AND (D) OF TITLE 75
24 ARE AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO
25 READ:
26 § 1943. ANNUAL HAULING PERMITS.
27 (A) QUARRY EQUIPMENT AND MACHINERY.--THE ANNUAL FEE FOR
28 OPERATION OR MOVEMENT OF EACH PIECE OF HEAVY QUARRY EQUIPMENT OR
29 MACHINERY, AS PROVIDED FOR IN SECTION 4966 (RELATING TO PERMIT
30 FOR MOVEMENT OF QUARRY EQUIPMENT), SHALL BE [$25] $500.
19970H0433B4169 - 79 -
1 * * *
2 (C) EQUIPMENT BEING MANUFACTURED.--THE ANNUAL FEE FOR
3 OPERATION OR MOVEMENT OF EQUIPMENT BEING MANUFACTURED, AS
4 PROVIDED FOR IN SECTION 4968 (RELATING TO PERMIT FOR MOVEMENT
5 DURING COURSE OF MANUFACTURE), SHALL BE AS FOLLOWS:
6 * * *
7 (2) OVERWEIGHT MOVEMENTS:
8 (I) MOVEMENTS NOT EXCEEDING 100,000 POUNDS GROSS
9 WEIGHT:
10 (A) NOT MORE THAN ONE MILE IN DISTANCE - $50.
11 (B) MORE THAN ONE MILE IN DISTANCE - $400.
12 * * *
13 (D) MULTIPLE HIGHWAY CROSSINGS.--THE ANNUAL FEE FOR A SINGLE
14 PERMIT FOR MULTIPLE HIGHWAY CROSSINGS, AS PROVIDED FOR IN
15 SECTION 4965 (RELATING TO SINGLE PERMITS FOR MULTIPLE HIGHWAY
16 CROSSINGS), SHALL BE [$25] $300.
17 * * *
18 (I) LIVE DOMESTIC ANIMALS.--THE ANNUAL PERMIT FEE FOR EACH
19 TRUCK TRACTOR AUTHORIZED TO TRANSPORT LIVE DOMESTIC ANIMALS, AS
20 PROVIDED IN SECTION 4976.1 (RELATING TO PERMIT FOR MOVEMENT OF
21 LIVE DOMESTIC ANIMALS), SHALL BE $800.
22 (J) BUILDING STRUCTURAL COMPONENTS.--THE PERMIT FEE FOR EACH
23 TRUCK TRACTOR AUTHORIZED TO TRANSPORT BUILDING STRUCTURAL
24 COMPONENTS, AS PROVIDED IN SECTION 4978 (RELATING TO PERMIT FOR
25 MOVEMENT OF BUILDING STRUCTURAL COMPONENTS), SHALL BE $100 FOR
26 EACH MONTH THE PERMIT IS VALID.
27 (K) UTILITY CONSTRUCTION EQUIPMENT.--THE PERMIT FEE FOR
28 UTILITY CONSTRUCTION EQUIPMENT, AS PROVIDED FOR IN SECTION
29 4970(A) (RELATING TO PERMIT FOR MOVEMENT OF CONSTRUCTION
30 EQUIPMENT), SHALL BE $100 FOR EACH MONTH THE PERMIT IS VALID.
19970H0433B4169 - 80 -
1 (L) PARTICLEBOARD OR FIBERBOARD.--THE ANNUAL FEE FOR
2 MOVEMENT OF PARTICLEBOARD OR FIBERBOARD, AS PROVIDED FOR IN
3 SECTION 4979 (RELATING TO PERMIT FOR MOVEMENT OF PARTICLEBOARD
4 OR FIBERBOARD USED FOR THE MANUFACTURE OF READY-TO-ASSEMBLE
5 FURNITURE), SHALL BE $800.
6 (M) BULK REFINED OIL.--THE ANNUAL FEE FOR MOVEMENT OF BULK
7 REFINED OIL, AS PROVIDED FOR IN SECTION 4979.1 (RELATING TO
8 PERMIT FOR MOVEMENT OF BULK OIL), SHALL BE $800.
9 (N) WASTE COAL AND BENEFICIAL COMBUSTION ASH.--THE ANNUAL
10 FEE FOR THE MOVEMENT OF WASTE COAL AND BENEFICIAL COMBUSTION
11 ASH, AS PROVIDED FOR IN SECTION 4979.2 (RELATING TO PERMIT FOR
12 MOVEMENT OF WASTE COAL AND BENEFICIAL COMBUSTION ASH), SHALL BE
13 $400.
14 SECTION 29. SECTIONS 1946, 1949, 1955(A), 2302(B), 2303(A),
15 3101(B), 3112(A)(3) AND 3323(B) OF TITLE 75 ARE AMENDED TO READ:
16 § 1946. MOVEMENTS REQUIRING SPECIAL ESCORT.
17 WHEN A SPECIAL ESCORT IS REQUIRED, AS PROVIDED FOR IN SECTION
18 4962 (RELATING TO CONDITIONS OF PERMITS AND SECURITY FOR
19 DAMAGES), THE COST OF THE ESCORT SHALL BE [ADDED TO THE PERMIT
20 FEE] PAID BY THE PERMITTEE. THE DEPARTMENT, THE PENNSYLVANIA
21 STATE POLICE AND LOCAL AUTHORITIES MAY ESTABLISH SCHEDULES OF
22 FEES FOR ESCORT COSTS BASED ON MILEAGE OR OTHERWISE.
23 [§ 1949. CONSTRUCTION TRUCKS.
24 THE FEE FOR MOVEMENT OF CONSTRUCTION TRUCKS IN SECTION
25 4970(B) (RELATING TO PERMIT FOR MOVEMENT OF CONSTRUCTION
26 EQUIPMENT) SHALL BE $50.]
27 § 1955. INFORMATION CONCERNING DRIVERS AND VEHICLES.
28 (A) [REGISTRATIONS,] DRIVERS, REGISTRATIONS, TITLES AND
29 SECURITY INTERESTS.--THE FEE FOR [COPIES] A COPY OF WRITTEN OR
30 ELECTRONIC INFORMATION RELATING TO A DRIVER, REGISTRATION, TITLE
19970H0433B4169 - 81 -
1 OR SECURITY INTEREST SHALL BE $5.
2 * * *
3 § 2302. ESTABLISHMENT AND MAINTENANCE OF FUND.
4 * * *
5 (B) ASSESSMENTS.-- [(1)] EVERY APPLICANT FOR MOTOR VEHICLE
6 DEALER REGISTRATION PLATES OR FOR THE AUTHORITY TO ACT AS
7 AN AGENT FOR THE DEPARTMENT WITH RESPECT TO VEHICLE
8 TITLING AND REGISTRATION SHALL PAY, IN ADDITION TO ANY
9 OTHER LICENSE FEES AND BONDS, AN ASSESSMENT OF $60 TO THE
10 FUND.
11 [(2)] NO CURRENT HOLDER OF MOTOR VEHICLE DEALER
12 REGISTRATION PLATES OR PERSON HAVING THE AUTHORITY TO ACT AS
13 AN AGENT OF THE DEPARTMENT MAY CONTINUE TO OPERATE WITHOUT
14 PAYING THE ASSESSMENT WITHIN 120 DAYS OF THE EFFECTIVE DATE
15 OF THIS ACT.]
16 * * *
17 § 2303. DISBURSEMENTS.
18 (A) AUTHORIZATION.--THE SECRETARY, OR HIS DESIGNEE, MAY, IN
19 HIS DISCRETION, AUTHORIZE A DISBURSEMENT FROM THE FUND TO COVER
20 THE AMOUNT OF ANY FEES AND TAXES PERTAINING TO AN APPLICATION
21 FOR TITLING OR REGISTRATION OF A VEHICLE WHICH A MEMBER FAILED
22 TO FORWARD TO THE DEPARTMENT OR THE DEPARTMENT'S CONTRACTED
23 AGENT OR THIRD-PARTY REPRESENTATIVE. THE DISBURSEMENT MAY NOT
24 EXCEED THE AMOUNT PAID TO THE MEMBER FOR THE FEES AND TAXES
25 ASSOCIATED WITH THE TITLING AND REGISTRATION.
26 * * *
27 § 3101. APPLICATION OF PART.
28 * * *
29 (B) SERIOUS TRAFFIC OFFENSES.--THE PROVISIONS OF SECTION
30 3345 (RELATING TO MEETING OR OVERTAKING SCHOOL BUS) AND
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1 SUBCHAPTER B OF CHAPTER 37 (RELATING TO SERIOUS TRAFFIC
2 OFFENSES) SHALL APPLY UPON HIGHWAYS AND TRAFFICWAYS THROUGHOUT
3 THIS COMMONWEALTH.
4 § 3112. TRAFFIC-CONTROL SIGNALS.
5 (A) GENERAL RULE.--WHENEVER TRAFFIC IS CONTROLLED BY
6 TRAFFIC-CONTROL SIGNALS EXHIBITING DIFFERENT COLORED LIGHTS, OR
7 COLORED LIGHTED ARROWS, SUCCESSIVELY ONE AT A TIME OR IN
8 COMBINATION, ONLY THE COLORS GREEN, RED AND YELLOW SHALL BE
9 USED, EXCEPT FOR SPECIAL PEDESTRIAN SIGNALS CARRYING A WORD
10 LEGEND, AND THE LIGHTS SHALL INDICATE AND APPLY TO DRIVERS OF
11 VEHICLES AND PEDESTRIANS AS FOLLOWS:
12 * * *
13 (3) STEADY RED INDICATION.--
14 (I) VEHICULAR TRAFFIC FACING A STEADY RED SIGNAL
15 ALONE SHALL STOP AT A CLEARLY MARKED STOP LINE, OR IF
16 NONE, BEFORE ENTERING THE CROSSWALK ON THE NEAR SIDE OF
17 THE INTERSECTION, OR IF NONE, THEN BEFORE ENTERING THE
18 INTERSECTION AND SHALL REMAIN STANDING UNTIL AN
19 INDICATION TO PROCEED IS SHOWN EXCEPT AS PROVIDED IN
20 SUBPARAGRAPH (II).
21 (II) UNLESS [A SIGN] SIGNING IS IN PLACE PROHIBITING
22 A TURN, VEHICULAR TRAFFIC FACING A STEADY RED SIGNAL MAY
23 ENTER THE INTERSECTION TO TURN RIGHT, OR TO TURN LEFT
24 FROM A ONE-WAY [ROADWAY] HIGHWAY ONTO A ONE-WAY [ROADWAY]
25 HIGHWAY AFTER STOPPING AS REQUIRED BY SUBPARAGRAPH (I).
26 SUCH VEHICULAR TRAFFIC SHALL YIELD THE RIGHT-OF-WAY TO
27 PEDESTRIANS LAWFULLY WITHIN AN ADJACENT CROSSWALK AND TO
28 OTHER TRAFFIC LAWFULLY USING THE INTERSECTION.
29 (III) UNLESS OTHERWISE DIRECTED BY A PEDESTRIAN-
30 CONTROL SIGNAL AS PROVIDED IN SECTION 3113, PEDESTRIANS
19970H0433B4169 - 83 -
1 FACING A STEADY RED SIGNAL ALONE SHALL NOT ENTER THE
2 ROADWAY.
3 * * *
4 § 3323. STOP SIGNS AND YIELD SIGNS.
5 * * *
6 (B) DUTIES AT STOP SIGNS.--EXCEPT WHEN DIRECTED TO PROCEED
7 BY A POLICE OFFICER OR APPROPRIATELY ATTIRED PERSONS AUTHORIZED
8 TO DIRECT, CONTROL OR REGULATE TRAFFIC, EVERY DRIVER OF A
9 VEHICLE APPROACHING A STOP SIGN SHALL STOP AT A CLEARLY MARKED
10 STOP LINE OR, IF [NONE,] NO STOP LINE IS PRESENT, BEFORE
11 ENTERING A CROSSWALK ON THE NEAR SIDE OF THE INTERSECTION OR, IF
12 [NONE,] NO CROSSWALK IS PRESENT, THEN AT THE POINT NEAREST THE
13 INTERSECTING ROADWAY WHERE THE DRIVER HAS A CLEAR VIEW OF
14 APPROACHING TRAFFIC ON THE INTERSECTING ROADWAY BEFORE ENTERING.
15 [AFTER HAVING STOPPED,] IF, AFTER STOPPING AT A CROSSWALK OR
16 CLEARLY MARKED STOP LINE, A DRIVER DOES NOT HAVE A CLEAR VIEW OF
17 APPROACHING TRAFFIC, THE DRIVER SHALL, AFTER YIELDING THE RIGHT-
18 OF-WAY TO ANY PEDESTRIAN IN THE CROSSWALK, SLOWLY PULL FORWARD
19 FROM THE STOPPED POSITION TO A POINT WHERE THE DRIVER HAS A
20 CLEAR VIEW OF APPROACHING TRAFFIC. [THE] THE DRIVER SHALL YIELD
21 THE RIGHT-OF-WAY TO [ANY PEDESTRIAN IN A CROSSWALK OR TO] ANY
22 VEHICLE IN THE INTERSECTION OR APPROACHING ON ANOTHER ROADWAY SO
23 CLOSELY AS TO CONSTITUTE A HAZARD DURING THE TIME WHEN THE
24 DRIVER IS MOVING ACROSS OR WITHIN THE INTERSECTION OR JUNCTION
25 OF ROADWAYS[.] AND ENTER THE INTERSECTION WHEN IT IS SAFE TO DO
26 SO.
27 * * *
28 SECTION 30. SECTION 3341 OF TITLE 75 IS AMENDED BY ADDING A
29 SUBSECTION TO READ:
30 § 3341. OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN.
19970H0433B4169 - 84 -
1 * * *
2 (C) PENALTIES.--A VIOLATION OF SUBSECTION (A) CONSTITUTES A
3 SUMMARY OFFENSE PUNISHABLE BY A FINE OF FROM $50 TO $200. A
4 VIOLATION OF SUBSECTION (B) CONSTITUTES A SUMMARY OFFENSE
5 PUNISHABLE BY A FINE OF FROM $200 TO $500.
6 SECTION 31. SECTIONS 3342 AND 3345(A), (C), (F.1), (G), (H)
7 AND (I) OF TITLE 75 ARE AMENDED TO READ:
8 § 3342. VEHICLES REQUIRED TO STOP AT RAILROAD CROSSINGS.
9 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (C), THE
10 DRIVER OF ANY VEHICLE DESCRIBED IN [REGULATIONS ISSUED PURSUANT
11 TO SUBSECTION (D) OR DESCRIBED IN] SUBSECTION [(E)] (B), BEFORE
12 CROSSING AT GRADE ANY TRACK OR TRACKS OF A RAILROAD, SHALL STOP
13 THE VEHICLE WITHIN 50 FEET BUT NOT LESS THAN 15 FEET FROM THE
14 NEAREST RAIL OF THE RAILROAD CROSSING AND WHILE SO STOPPED SHALL
15 LISTEN AND LOOK IN BOTH DIRECTIONS ALONG THE TRACK FOR ANY
16 APPROACHING TRAIN, AND FOR SIGNALS INDICATING THE APPROACH OF A
17 TRAIN[, AND SHALL NOT PROCEED UNTIL IT CAN BE DONE SAFELY. AFTER
18 STOPPING AND UPON PROCEEDING WHEN]. WHEN IT IS SAFE TO DO SO,
19 THE DRIVER OF THE VEHICLE SHALL [CROSS] DRIVE THE VEHICLE ACROSS
20 THE TRACKS ONLY IN SUCH GEAR OF THE VEHICLE THAT THERE WILL BE
21 NO NECESSITY FOR MANUALLY CHANGING GEARS WHILE TRAVERSING THE
22 CROSSING [AND THE]. THE DRIVER SHALL NOT MANUALLY SHIFT GEARS
23 WHILE CROSSING THE TRACK OR TRACKS.
24 [(B) SCHOOL BUSES.--A SCHOOL BUS, WHETHER OR NOT CARRYING
25 PASSENGERS, SHALL STOP AT ALL RAILROAD CROSSINGS DESIGNATED BY
26 APPROPRIATE SIGNS, SIGNALS OR MARKERS EXCEPT THOSE CROSSINGS AT
27 WHICH TRAFFIC IS CONTROLLED BY A POLICE OFFICER OR FLAGMAN AND
28 THOSE CROSSINGS LOCATED ON A LIMITED ACCESS HIGHWAY.]
29 (B) VEHICLES SUBJECT TO STOPPING REQUIREMENT.--THIS SECTION
30 SHALL APPLY TO THE FOLLOWING VEHICLES:
19970H0433B4169 - 85 -
1 (1) ANY VEHICLE DESIGNATED BY THE DEPARTMENT IN
2 ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (D).
3 (2) A SCHOOL BUS, WHETHER OR NOT CARRYING PASSENGERS.
4 (3) EVERY TRUCK AND TRACTOR COMBINATION WHICH CARRIES
5 GASOLINE, DIESEL FUEL, FUEL OIL, EXPLOSIVES OR RADIOACTIVE
6 MATERIALS.
7 (C) EXCEPTIONS.--[EXCEPT AS PROVIDED IN SUBSECTION (B),
8 THIS] THIS SECTION DOES NOT APPLY AT ANY OF THE FOLLOWING:
9 (1) ANY RAILROAD GRADE CROSSING AT WHICH TRAFFIC IS
10 CONTROLLED BY A POLICE OFFICER OR FLAGMAN.
11 (2) ANY RAILROAD GRADE CROSSING AT WHICH TRAFFIC IS
12 REGULATED BY A FUNCTIONING HIGHWAY TRAFFIC-CONTROL SIGNAL
13 TRANSMITTING A GREEN INDICATION FOR THE DIRECTION OF TRAVEL
14 OF THE VEHICLE.
15 (3) ANY RAILROAD GRADE CROSSING AT WHICH AN OFFICIAL
16 TRAFFIC-CONTROL DEVICE GIVES NOTICE THAT THE STOPPING
17 REQUIREMENT IMPOSED BY THIS SECTION DOES NOT APPLY.
18 (4) ANY ABANDONED RAILROAD GRADE CROSSING WHICH IS
19 MARKED BY THE FORMER RAIL OPERATOR WITH A SIGN PRESCRIBED BY
20 THE DEPARTMENT INDICATING THAT THE RAIL LINE IS ABANDONED.
21 (5) AN INDUSTRIAL OR SPUR LINE RAILROAD GRADE CROSSING
22 MARKED WITH A SIGN READING "EXEMPT." SUCH A SIGN SHALL BE
23 ERECTED ONLY BY OR WITH THE CONSENT OF THE PENNSYLVANIA
24 PUBLIC UTILITY COMMISSION.
25 (D) [REGULATIONS DEFINING] NOTICE OF VEHICLES SUBJECT TO
26 SECTION.--THE DEPARTMENT SHALL [ADOPT SUCH REGULATIONS AS MAY BE
27 NECESSARY] PUBLISH IN THE PENNSYLVANIA BULLETIN A NOTICE
28 DESCRIBING THE VEHICLES WHICH MUST COMPLY WITH THE STOPPING
29 REQUIREMENTS OF THIS SECTION. IN [FORMULATING THE REGULATIONS]
30 DEVELOPING THE LIST OF VEHICLES, THE DEPARTMENT SHALL GIVE
19970H0433B4169 - 86 -
1 CONSIDERATION TO THE HAZARDOUS NATURE OF ANY SUBSTANCE CARRIED
2 BY THE VEHICLE AS DETERMINED BY THE DEPARTMENT AND TO THE NUMBER
3 OF PASSENGERS CARRIED BY THE VEHICLE IN DETERMINING WHETHER THE
4 VEHICLE SHALL BE REQUIRED TO STOP. [THESE REGULATIONS SHALL BE
5 DEVELOPED IN CONJUNCTION WITH THE PENNSYLVANIA PUBLIC UTILITY
6 COMMISSION AND THE URBAN MASS TRANSPORTATION AUTHORITY AND] THIS
7 LIST OF VEHICLES SHALL CORRELATE WITH AND SO FAR AS POSSIBLE
8 CONFORM TO THE [CURRENT] REGULATIONS OF THE UNITED STATES
9 DEPARTMENT OF TRANSPORTATION AS AMENDED FROM TIME TO TIME.
10 (E) [MANDATORY REQUIREMENT TO STOP.--EVERY TRUCK AND TRUCK
11 TRACTOR COMBINATION WHICH CARRIES GASOLINE, DIESEL FUEL, FUEL
12 OIL, EXPLOSIVES OR RADIOACTIVE MATERIALS DESIGNATED IN
13 DEPARTMENT REGULATIONS SHALL STOP AT EVERY RAILROAD CROSSING AS
14 REQUIRED BY THIS SECTION. THE DRIVER OF THE TRUCK AND TRUCK
15 TRACTOR COMBINATION] USE OF VEHICLE HAZARD LIGHTS.--THE DRIVER
16 OF ANY VEHICLE MENTIONED IN SUBSECTION (B)(2) AND (3) SHALL
17 ACTIVATE THE VEHICLE HAZARD LIGHTS WHEN STOPPING AT THE RAILROAD
18 CROSSING.
19 (F) PENALTY.--A VIOLATION OF THIS SECTION CONSTITUTES A
20 SUMMARY OFFENSE PUNISHABLE BY A FINE OF FROM [$50] $100 TO
21 [$100] $150, EXCEPT THAT A VIOLATION OF SUBSECTION (B) OR (E)
22 SHALL BE PUNISHABLE BY A FINE OF FROM [$100] $200 TO [$300]
23 $500.
24 § 3345. MEETING OR OVERTAKING SCHOOL BUS.
25 (A) DUTY OF APPROACHING DRIVER WHEN RED SIGNALS ARE
26 FLASHING.--EXCEPT AS PROVIDED IN SUBSECTION (G), THE DRIVER OF A
27 VEHICLE MEETING OR OVERTAKING ANY SCHOOL BUS STOPPED ON [THE
28 HIGHWAY] A HIGHWAY OR TRAFFICWAY SHALL STOP AT LEAST TEN FEET
29 BEFORE REACHING THE SCHOOL BUS WHEN THE RED SIGNAL LIGHTS ON THE
30 SCHOOL BUS ARE FLASHING AND THE SIDE STOP SIGNAL ARMS ARE
19970H0433B4169 - 87 -
1 ACTIVATED UNDER SECTION 4552(B.1) (RELATING TO GENERAL
2 REQUIREMENTS FOR SCHOOL BUSES). THE DRIVER SHALL NOT PROCEED
3 UNTIL THE FLASHING RED SIGNAL LIGHTS ARE NO LONGER ACTUATED. IN
4 NO EVENT SHALL A DRIVER OF A VEHICLE RESUME MOTION OF THE
5 VEHICLE UNTIL THE SCHOOL CHILDREN WHO MAY HAVE ALIGHTED FROM THE
6 SCHOOL BUS HAVE REACHED A PLACE OF SAFETY. THE DRIVER OF A
7 VEHICLE APPROACHING AN INTERSECTION AT WHICH A SCHOOL BUS IS
8 STOPPED SHALL STOP HIS VEHICLE AT THAT INTERSECTION UNTIL THE
9 FLASHING RED SIGNAL LIGHTS ARE NO LONGER ACTUATED.
10 * * *
11 (C) USE OF RED SIGNALS.--THE RED VISUAL SIGNALS SHALL BE
12 ACTUATED BY THE DRIVER OF EVERY SCHOOL BUS WHENEVER THE VEHICLE
13 IS STOPPED ON [THE HIGHWAY] A HIGHWAY OR TRAFFICWAY FOR THE
14 PURPOSE OF RECEIVING OR DISCHARGING SCHOOL CHILDREN, EXCEPT AS
15 PROVIDED IN SUBSECTIONS (E) AND (F). THE SIGNALS SHALL NOT BE
16 TERMINATED UNTIL THE SCHOOL CHILDREN WHO MAY HAVE ALIGHTED FROM
17 THE SCHOOL BUS HAVE REACHED A PLACE OF SAFETY OR UNTIL BOARDING
18 SCHOOL CHILDREN HAVE COMPLETED BOARDING THE BUS.
19 * * *
20 (F.1) USE OF SCHOOL BUSES FOR TRANSPORTATION OF DISABLED
21 PERSONS.--WHENEVER A SCHOOL BUS IS BEING USED UPON [THE HIGHWAY]
22 A HIGHWAY OR TRAFFICWAY FOR THE TRANSPORTATION OF DISABLED
23 PERSONS EXCLUSIVELY AND THE SCHOOL BUS IS EQUIPPED WITH RED
24 SIGNAL LIGHTS, THE DRIVER OF THE SCHOOL BUS MAY ACTUATE THE
25 SIGNAL LIGHTS IN THE SAME MANNER AS SET FORTH IN THIS SECTION
26 REGARDING THE TRANSPORTATION OF SCHOOL CHILDREN. THE DRIVER OF A
27 VEHICLE APPROACHING THE SCHOOL BUS SHALL HAVE THE SAME DUTIES
28 REGARDING STOPPING, PASSING AND OVERTAKING AS HE DOES WITH
29 RESPECT TO A SCHOOL BUS CARRYING SCHOOL CHILDREN.
30 (G) EXCEPTIONS FROM STOPPING REQUIREMENTS.--THE DRIVER OF A
19970H0433B4169 - 88 -
1 VEHICLE UPON A HIGHWAY OR TRAFFICWAY WITH SEPARATE ROADWAYS NEED
2 NOT STOP UPON MEETING OR PASSING A SCHOOL BUS WITH ACTUATED RED
3 SIGNAL LIGHTS WHICH IS ON A DIFFERENT ROADWAY.
4 (H) LOADING ZONES FOR SCHOOL CHILDREN.--EVERY SCHOOL
5 DISTRICT TRANSPORTING SCHOOL CHILDREN BY SCHOOL BUS SHALL
6 ESTABLISH AND MAINTAIN SCHOOL BUS LOADING ZONES AT OR NEAR ALL
7 SCHOOLS TO OR FROM WHICH SCHOOL CHILDREN ARE TRANSPORTED AND
8 SHALL ESTABLISH SCHOOL BUS LOADING ZONES ALONG THE HIGHWAYS AND
9 TRAFFICWAYS TRAVERSED BY SCHOOL BUSES IN ACCORDANCE WITH
10 REGULATIONS PROMULGATED BY THE DEPARTMENT.
11 (I) MANDATORY USE OF LOADING ZONES.--WHENEVER SCHOOL BUS
12 LOADING ZONES HAVE BEEN ESTABLISHED AT OR NEAR A SCHOOL OR ALONG
13 A HIGHWAY OR TRAFFICWAY, IT IS UNLAWFUL FOR A SCHOOL BUS
14 OPERATOR TO STOP THE BUS TO PICK UP OR DISCHARGE SCHOOL CHILDREN
15 AT ANY LOCATION OTHER THAN AT THE LOADING ZONES. A LIST OF
16 APPROVED LOADING ZONES FOR THE ROUTE OF THE BUS SHALL BE CARRIED
17 BY THE OPERATOR.
18 * * *
19 SECTION 32. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
20 § 3346. EMERGENCY VEHICLES ENTERING OR LEAVING OFFICIAL
21 GARAGE.
22 IF AN EMERGENCY VEHICLE IS LEAVING OR RETURNING TO ITS GARAGE
23 AND THE EMERGENCY LIGHTS OF THE EMERGENCY VEHICLE ARE ENGAGED,
24 THE DRIVER OF AN APPROACHING VEHICLE SHALL STOP AND GIVE THE
25 EMERGENCY VEHICLE THE RIGHT-OF-WAY TO LEAVE OR ENTER THE GARAGE
26 AND MAY NOT PROCEED UNTIL THE EMERGENCY VEHICLE IS SAFELY OUT OF
27 THE DRIVER'S PATH.
28 SECTION 33. SECTION 3362(B)(1) OF TITLE 75 IS AMENDED AND
29 SUBSECTION (A) IS AMENDED BY ADDING A PARAGRAPH TO READ:
30 § 3362. MAXIMUM SPEED LIMITS.
19970H0433B4169 - 89 -
1 (A) GENERAL RULE.--EXCEPT WHEN A SPECIAL HAZARD EXISTS THAT
2 REQUIRES LOWER SPEED FOR COMPLIANCE WITH SECTION 3361 (RELATING
3 TO DRIVING VEHICLE AT SAFE SPEED), THE LIMITS SPECIFIED IN THIS
4 SECTION OR ESTABLISHED UNDER THIS SUBCHAPTER SHALL BE MAXIMUM
5 LAWFUL SPEEDS AND NO PERSON SHALL DRIVE A VEHICLE AT A SPEED IN
6 EXCESS OF THE FOLLOWING MAXIMUM LIMITS:
7 * * *
8 (1.2) 25 MILES PER HOUR IN A RESIDENCE DISTRICT, IF THE
9 HIGHWAY:
10 (I) IS NOT A NUMBERED TRAFFIC ROUTE; AND
11 (II) IS FUNCTIONALLY CLASSIFIED BY THE DEPARTMENT AS
12 A LOCAL HIGHWAY.
13 * * *
14 (B) POSTING OF SPEED LIMIT.--
15 (1) NO MAXIMUM SPEED LIMIT ESTABLISHED UNDER SUBSECTION
16 (A)(1), (1.2) OR (3) SHALL BE EFFECTIVE UNLESS POSTED ON
17 FIXED OR VARIABLE OFFICIAL TRAFFIC-CONTROL DEVICES ERECTED IN
18 ACCORDANCE WITH REGULATIONS ADOPTED BY THE DEPARTMENT WHICH
19 REGULATIONS SHALL REQUIRE POSTING AT THE BEGINNING AND END OF
20 EACH SPEED ZONE AND AT INTERVALS NOT GREATER THAN ONE-HALF
21 MILE.
22 * * *
23 SECTION 34. SECTIONS 3363, 3505(B) AND (F) AND 3507(A) OF
24 TITLE 75 ARE AMENDED TO READ:
25 § 3363. ALTERATION OF MAXIMUM LIMITS.
26 [THE DEPARTMENT OR LOCAL AUTHORITIES ON] ON HIGHWAYS UNDER
27 THEIR RESPECTIVE JURISDICTIONS, [UPON THE BASIS OF AN
28 ENGINEERING AND TRAFFIC INVESTIGATION,] LOCAL AUTHORITIES,
29 SUBJECT TO SECTION 6109(E) (RELATING TO SPECIFIC POWERS OF
30 DEPARTMENT AND LOCAL AUTHORITIES), OR THE DEPARTMENT, UPON THE
19970H0433B4169 - 90 -
1 BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, MAY DETERMINE
2 THAT THE MAXIMUM SPEED PERMITTED UNDER THIS SUBCHAPTER IS
3 GREATER OR LESS THAN IS REASONABLE AND SAFE UNDER THE CONDITIONS
4 FOUND TO EXIST UPON ANY SUCH HIGHWAY OR PART THEREOF AND
5 ESTABLISH A REASONABLE AND SAFE MAXIMUM LIMIT. THE MAXIMUM SPEED
6 LIMIT MAY BE MADE EFFECTIVE AT ALL TIMES OR AT TIMES INDICATED
7 AND MAY VARY FOR DIFFERENT WEATHER CONDITIONS AND OTHER FACTORS
8 BEARING ON SAFE SPEEDS. NO MAXIMUM SPEED GREATER THAN 55 MILES
9 PER HOUR SHALL BE ESTABLISHED UNDER THIS SECTION EXCEPT ON
10 HIGHWAYS LISTED IN SECTION 3362(A)(1.1) (RELATING TO MAXIMUM
11 SPEED LIMITS), WHERE THE MAXIMUM SPEED FOR ALL VEHICLES SHALL
12 NOT BE GREATER THAN 65 MILES PER HOUR.
13 § 3505. RIDING ON ROADWAYS AND PEDALCYCLE PATHS.
14 * * *
15 (B) OPERATION ON SHOULDER.--A PEDALCYCLE MAY BE OPERATED ON
16 THE SHOULDER OF A HIGHWAY AND SHALL BE OPERATED IN THE SAME
17 DIRECTION AS REQUIRED OF VEHICLES OPERATED ON THE ROADWAY. ALL
18 TURNS SHALL BE MADE IN ACCORDANCE WITH SECTION 3331 (RELATING TO
19 REQUIRED POSITION AND METHOD OF TURNING).
20 * * *
21 [(F) MANDATORY USE OF AVAILABLE PEDALCYCLE PATH.--WHENEVER A
22 LANE OR PATH FOR PEDALCYCLES HAS BEEN PROVIDED AS A PART OF A
23 HIGHWAY AND MANDATORY USE OF THE LANE OR PATH HAS BEEN INDICATED
24 BY OFFICIAL TRAFFIC-CONTROL DEVICES, PEDALCYCLE RIDERS SHALL USE
25 THE LANE OR PATH AND SHALL NOT USE ANY OTHER PART OF THE
26 HIGHWAY. THIS SUBSECTION DOES NOT APPLY WHEN USE OF THE
27 PEDALCYCLE LANE OR PATH IS NOT POSSIBLE, SAFE OR REASONABLE.]
28 § 3507. LAMPS AND OTHER EQUIPMENT ON PEDALCYCLES.
29 (A) LAMPS AND REFLECTORS.--EVERY PEDALCYCLE WHEN IN USE
30 BETWEEN SUNSET AND SUNRISE SHALL BE EQUIPPED ON THE FRONT WITH A
19970H0433B4169 - 91 -
1 LAMP WHICH EMITS A BEAM OF WHITE LIGHT INTENDED TO ILLUMINATE
2 THE PEDALCYCLE OPERATOR'S PATH AND VISIBLE FROM A DISTANCE OF AT
3 LEAST 500 FEET TO THE FRONT, A RED REFLECTOR FACING TO THE REAR
4 WHICH SHALL BE VISIBLE AT LEAST 500 FEET TO THE REAR, AND AN
5 AMBER REFLECTOR ON EACH SIDE. OPERATORS OF PEDALCYCLES MAY
6 SUPPLEMENT THE REQUIRED FRONT LAMP WITH A WHITE FLASHING LAMP,
7 LIGHT-EMITTING DIODE OR SIMILAR DEVICE TO ENHANCE THEIR
8 VISIBILITY TO OTHER TRAFFIC AND WITH A [RED REFLECTOR ON THE
9 REAR WHICH SHALL BE VISIBLE FROM ALL DISTANCES FROM 500 FEET TO
10 THE REAR AND WITH AN AMBER REFLECTOR ON EACH SIDE. A] LAMP
11 EMITTING A RED FLASHING LAMP, LIGHT-EMITTING DIODE OR SIMILAR
12 DEVICE VISIBLE FROM A DISTANCE OF 500 FEET TO THE REAR [MAY BE
13 USED IN ADDITION TO THE RED REFLECTOR]. A LAMP OR LAMPS WORN BY
14 THE OPERATOR OF A PEDALCYCLE SHALL COMPLY WITH THE REQUIREMENTS
15 OF THIS SUBSECTION IF THE LAMP OR LAMPS CAN BE SEEN AT THE
16 DISTANCES SPECIFIED.
17 * * *
18 SECTION 35. SECTION 3551 OF TITLE 75 IS AMENDED BY ADDING A
19 SUBSECTION TO READ:
20 § 3551. COMPLIANCE WITH BRIDGE AND RAILROAD WARNING SIGNALS.
21 * * *
22 (C) PENALTY.--A VIOLATION OF THIS SECTION CONSTITUTES A
23 SUMMARY OFFENSE PUNISHABLE BY A FINE OF NOT LESS THAN $50 NOR
24 MORE THAN $150.
25 SECTION 36. SECTIONS 3571(B) AND 3703(B) OF TITLE 75 ARE
26 AMENDED TO READ:
27 § 3571. PEDALCYCLE AND PEDESTRIAN ADVISORY COMMITTEE.
28 * * *
29 (B) COMPOSITION.--THE COMMITTEE SHALL CONSIST OF [12] 14
30 MEMBERS. THE MEMBERS SHALL BE AS FOLLOWS:
19970H0433B4169 - 92 -
1 (1) THE SECRETARY OF TRANSPORTATION, EX OFFICIO.
2 (2) THE SECRETARY OF CONSERVATION AND NATURAL RESOURCES,
3 EX OFFICIO.
4 (3) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
5 TRANSPORTATION COMMITTEE OF THE SENATE.
6 (4) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
7 TRANSPORTATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
8 (5) SIX MEMBERS OF THE PUBLIC REPRESENTING AREAS OF
9 CONCERN SPECIFIED WHO SHALL HAVE EXTENSIVE EXPERIENCE AND
10 KNOWLEDGE OF BICYCLE, PEDALCYCLE, PEDESTRIAN AND HUMAN POWER
11 ISSUES THROUGHOUT THIS COMMONWEALTH, TO BE APPOINTED BY THE
12 GOVERNOR AS FOLLOWS:
13 (I) ONE MEMBER FROM A LIST OF AT LEAST THREE
14 REPRESENTATIVES SUBMITTED BY THE BICYCLING FEDERATION OF
15 PENNSYLVANIA.
16 (II) ONE MEMBER FROM A LIST OF AT LEAST THREE
17 REPRESENTATIVES SUBMITTED BY THE LEAGUE OF AMERICAN
18 BICYCLISTS.
19 (III) ONE MEMBER FROM A LIST OF AT LEAST THREE
20 REPRESENTATIVES SUBMITTED BY THE UNITED STATES CYCLING
21 FEDERATION.
22 (IV) ONE MEMBER FROM A LIST OF AT LEAST THREE
23 REPRESENTATIVES SUBMITTED BY THE PENNSYLVANIA CHAPTER OF
24 THE RAILS-TO-TRAILS CONSERVANCY.
25 (V) ONE MEMBER FROM A LIST OF AT LEAST THREE
26 REPRESENTATIVES SUBMITTED BY THE EASTERN PARALYZED
27 VETERANS ASSOCIATION.
28 (VI) ONE MEMBER FROM THE GENERAL PUBLIC.
29 (VII) ONE MEMBER FROM A LIST OF THREE
30 REPRESENTATIVES SUBMITTED BY THE WESTERN PENNSYLVANIA
19970H0433B4169 - 93 -
1 WHEELMEN.
2 (VIII) ONE MEMBER FROM A LIST OF THREE
3 REPRESENTATIVES SUBMITTED BY THE BICYCLE COALITION OF THE
4 DELAWARE VALLEY.
5 EACH MEMBER MAY DESIGNATE AN ALTERNATE TO SERVE IN HIS STEAD. A
6 MEMBER SHALL NOTIFY THE CHAIRMAN IN WRITING OF THIS DESIGNATION.
7 * * *
8 § 3703. DRIVING UPON SIDEWALK.
9 * * *
10 (B) CERTAIN [HANDICAPPED VEHICLES] MOBILITY-RELATED DEVICES
11 FOR PERSONS WITH DISABILITIES.--ANY MUNICIPALITY MAY PERMIT THE
12 OPERATION OF A SELF-PROPELLED WHEEL CHAIR OR AN ELECTRICAL
13 MOBILITY [DEVICES] DEVICE ON A SIDEWALK OR SIDEWALK AREA FOR THE
14 SPECIFIC PURPOSE OF GIVING [PHYSICALLY HANDICAPPED] PERSONS WITH
15 MOBILITY-RELATED DISABILITIES THE CAPABILITY OF TRANSPORTING
16 THEMSELVES. THE MUNICIPALITY MAY IMPOSE SUCH RESTRICTIONS AS ARE
17 NECESSARY TO PROTECT THE INTERESTS OF PEDESTRIANS AND OTHERS
18 USING THE SIDEWALK OR SIDEWALK AREA.
19 SECTION 37. TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED
20 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
21 § 3719. PASSENGERS IN OPEN TRUCKS.
22 (A) GENERAL RULE.--AN OPEN-BED PICKUP TRUCK OR OPEN FLATBED
23 TRUCK MAY NOT BE DRIVEN AT A SPEED OF MORE THAN 35 MILES PER
24 HOUR IF ANY PERSON IS OCCUPYING THE BED OF THE TRUCK.
25 (B) CHILDREN.--
26 (1) SUCH A TRUCK MAY NOT BE DRIVEN AT ANY SPEED IF A
27 CHILD LESS THAN 18 YEARS OF AGE IS OCCUPYING THE BED OF THE
28 TRUCK OR TRAILER.
29 (2) THIS SUBSECTION SHALL NOT APPLY TO:
30 (I) A CHILD OF A FARMER WHO IS BEING TRANSPORTED
19970H0433B4169 - 94 -
1 BETWEEN PARTS OF A FARM OR FARMS OWNED OR OPERATED BY THE
2 FARMER IN ORDER TO PERFORM WORK ON THE FARM OR FARMS;
3 (II) A CHILD POSSESSING A VALID HUNTING LICENSE WHO
4 IS BEING TRANSPORTED BETWEEN A HUNTING CAMP AND A HUNTING
5 SITE OR BETWEEN HUNTING SITES DURING HUNTING SEASON;
6 (III) A CHILD WHO IS A PARTICIPANT IN AN OFFICIALLY
7 SANCTIONED PARADE, ONLY DURING THE COURSE OF THE PARADE;
8 OR
9 (IV) A CHILD EMPLOYED TO PERFORM FARM LABOR WHO IS
10 BEING TRANSPORTED BETWEEN PARTS OF A FARM OR FARMS OWNED
11 OR OPERATED BY THE CHILD'S EMPLOYER OR EMPLOYERS.
12 SECTION 38. SECTIONS 3735(A), 3742.1 AND 3753 HEADING AND
13 (A) OF TITLE 75 ARE AMENDED TO READ:
14 § 3735. HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE.
15 (A) OFFENSE DEFINED.--ANY PERSON WHO UNINTENTIONALLY CAUSES
16 THE DEATH OF ANOTHER PERSON AS THE RESULT OF A VIOLATION OF
17 SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR
18 CONTROLLED SUBSTANCE) AND WHO IS CONVICTED OF VIOLATING SECTION
19 3731 IS GUILTY OF A FELONY OF THE SECOND DEGREE WHEN THE
20 VIOLATION IS THE CAUSE OF DEATH AND THE SENTENCING COURT SHALL
21 ORDER THE PERSON TO SERVE A MINIMUM TERM OF IMPRISONMENT OF NOT
22 LESS THAN THREE YEARS. A [SEPARATE] CONSECUTIVE THREE-YEAR TERM
23 OF IMPRISONMENT SHALL BE IMPOSED FOR EACH VICTIM WHOSE DEATH IS
24 THE [DIRECT] RESULT OF THE VIOLATION OF SECTION 3731.
25 * * *
26 § 3742.1. ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE
27 NOT PROPERLY LICENSED.
28 (A) OFFENSE DEFINED.--A PERSON WHOSE OPERATING PRIVILEGE WAS
29 CANCELED, RECALLED, REVOKED OR SUSPENDED AND NOT RESTORED OR WHO
30 DOES NOT HOLD A VALID DRIVER'S LICENSE COMMITS AN OFFENSE UNDER
19970H0433B4169 - 95 -
1 THIS SECTION IF THE PERSON WAS THE DRIVER OF ANY VEHICLE AND
2 CAUSED AN ACCIDENT RESULTING IN INJURY OR DEATH OF ANY PERSON
3 [AND WHOSE OPERATING PRIVILEGE AT THE TIME OF THE ACCIDENT IS
4 CANCELED, RECALLED, REVOKED OR SUSPENDED AND NOT RESTORED OR WHO
5 AT THE TIME OF THE ACCIDENT HAD NOT BEEN ISSUED A VALID DRIVER'S
6 LICENSE].
7 (B) PENALTIES.--
8 (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY
9 PERSON VIOLATING SUBSECTION (A) COMMITS A MISDEMEANOR OF THE
10 SECOND DEGREE. [IF AT THE TIME OF THE ACCIDENT THE PERSON'S
11 OPERATING PRIVILEGE IS CANCELED, RECALLED, REVOKED OR
12 SUSPENDED AND NOT RESTORED. IF THE PERSON HAD NOT BEEN ISSUED
13 A VALID DRIVER'S LICENSE, THE OFFENSE IS A MISDEMEANOR OF THE
14 THIRD DEGREE.]
15 (2) IF THE VICTIM SUFFERS SERIOUS BODILY INJURY OR
16 DEATH, ANY PERSON VIOLATING SUBSECTION (A) COMMITS A FELONY
17 OF THE THIRD DEGREE. [IF AT THE TIME OF THE ACCIDENT THE
18 PERSON'S OPERATING PRIVILEGE IS CANCELED, RECALLED, REVOKED
19 OR SUSPENDED AND NOT RESTORED. IF THE PERSON HAD NOT BEEN
20 ISSUED A VALID DRIVER'S LICENSE, THE OFFENSE IS A MISDEMEANOR
21 OF THE FIRST DEGREE.]
22 (3) ANY MOTOR VEHICLE, AS DEFINED IN SECTION 102
23 (RELATING TO DEFINITIONS), USED IN THE COMMISSION OF AN
24 OFFENSE UNDER THIS SECTION MAY BE DEEMED CONTRABAND AND
25 FORFEITED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN 18
26 PA.C.S. § 6501(D) (RELATING TO SCATTERING RUBBISH) [IF THE
27 DRIVER'S OPERATING PRIVILEGE IS CANCELED, RECALLED, REVOKED
28 OR SUSPENDED AND NOT RESTORED AT THE TIME OF THE ACCIDENT].
29 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE TERM "SERIOUS
30 BODILY INJURY" MEANS ANY BODILY INJURY WHICH CREATES A
19970H0433B4169 - 96 -
1 SUBSTANTIAL RISK OF DEATH OR WHICH CAUSES SERIOUS, PERMANENT
2 DISFIGUREMENT OR PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION
3 OF ANY BODILY MEMBER OR ORGAN.
4 § 3753. DEPARTMENT TO COMPILE, TABULATE AND ANALYZE ACCIDENT
5 REPORTS.
6 (A) CENTRAL ACCIDENT RECORDS AGENCY.--THE DEPARTMENT SHALL
7 ESTABLISH A CENTRAL ACCIDENT RECORDS AGENCY WHICH SHALL BE THE
8 REPOSITORY FOR ALL REPORTABLE TRAFFIC ACCIDENTS AS DEFINED IN
9 THIS SUBCHAPTER. THE AGENCY WILL HAVE PRIMARY RESPONSIBILITY FOR
10 THE ADMINISTRATION AND SUPERVISION OF STORING, PROCESSING AND
11 PROVIDING THE INFORMATIONAL NEEDS TO ALL OFFICIAL AGENCIES
12 HAVING RESPONSIBILITY IN THE HIGHWAY TRANSPORTATION SYSTEM.
13 ACCIDENT REPORTS SUBMITTED TO THE DEPARTMENT UNDER THIS
14 SUBCHAPTER SHALL BE CONSIDERED AS RECORDS OF THE DEPARTMENT AND
15 THE DEPARTMENT MAY USE ANY OF THE METHODS OF STORAGE PERMITTED
16 UNDER THE PROVISIONS OF 42 PA.C.S. § 6109 (RELATING TO
17 PHOTOGRAPHIC COPIES OF BUSINESS AND PUBLIC RECORDS) AND MAY
18 REPRODUCE SUCH DOCUMENTS IN ACCORDANCE WITH THE PROVISIONS OF 42
19 PA.C.S. § 6103 (RELATING TO PROOF OF OFFICIAL RECORDS). SUCH
20 REPORTS SHALL BE ADMISSIBLE INTO EVIDENCE TO SUPPORT THE
21 DEPARTMENT'S CASE IN AN APPEAL OF A DEPARTMENT ACTION THAT A
22 LICENSEE OR REGISTRANT HAS TAKEN UNDER SECTION 1377 (RELATING TO
23 JUDICIAL REVIEW) OR SECTION 1550 (RELATING TO JUDICIAL REVIEW)
24 AND THE CERTIFICATION SHALL CONSTITUTE PRIMA FACIE PROOF OF THE
25 FACTS AND INFORMATION CONTAINED IN THE ACCIDENT REPORT.
26 * * *
27 SECTION 39. SECTION 4107 OF TITLE 75 IS AMENDED BY ADDING A
28 SUBSECTION TO READ:
29 § 4107. UNLAWFUL ACTIVITIES.
30 * * *
19970H0433B4169 - 97 -
1 (E) EXCEPTION FOR CERTAIN FROZEN DESSERT TRUCKS.--ANY FROZEN
2 DESSERT TRUCK WHICH IS EQUIPPED WITH A SIDE STOP SIGNAL ARM AND
3 FLASHING OR REVOLVING RED OR AMBER LIGHTS MAY BE OPERATED WITHIN
4 THIS COMMONWEALTH WITHOUT VIOLATING THE PROVISIONS OF THIS PART
5 AND SECTIONS 4552 (RELATING TO GENERAL REQUIREMENTS FOR SCHOOL
6 BUSES), 4571 (RELATING TO VISUAL AND AUDIBLE SIGNALS ON
7 EMERGENCY VEHICLES) AND 4572 (RELATING TO VISUAL SIGNALS ON
8 AUTHORIZED VEHICLES) SO LONG AS THE SIDE STOP SIGNAL ARM AND THE
9 FLASHING OR REVOLVING RED OR AMBER LIGHTS ARE NOT UTILIZED OR
10 ACTIVATED WITHIN THIS COMMONWEALTH.
11 SECTION 40. SECTIONS 4303(A) AND 4306(C) OF TITLE 75 ARE
12 AMENDED TO READ:
13 § 4303. GENERAL LIGHTING REQUIREMENTS.
14 (A) HEAD LAMPS.--EVERY VEHICLE, EXCEPT TRAILERS, OPERATED ON
15 A HIGHWAY SHALL BE EQUIPPED WITH A HEAD LAMP SYSTEM IN
16 CONFORMANCE WITH REGULATIONS OF THE DEPARTMENT. THE REGULATIONS
17 SHALL NOT PROHIBIT A BUS FROM BEING EQUIPPED WITH DEVICES USED
18 TO CARRY PEDALCYCLES ON THE FRONT OF THE BUS.
19 * * *
20 § 4306. USE OF MULTIPLE-BEAM ROAD LIGHTING EQUIPMENT.
21 * * *
22 (C) EXCEPTION.--
23 (1) A POLICE OR SHERIFF VEHICLE WHICH IS EQUIPPED WITH A
24 FLASHING HEADLAMP SYSTEM THAT CONFORMS TO REGULATIONS
25 PROMULGATED BY THE DEPARTMENT SHALL BE EXEMPT FROM THE
26 PROVISIONS OF THIS SECTION ONLY WHEN THE VEHICLE IS BEING
27 USED PURSUANT TO THE PROVISIONS OF SECTION 4571(E) (RELATING
28 TO VISUAL AND AUDIBLE SIGNALS ON EMERGENCY VEHICLES).
29 (2) NOTHING IN THIS SECTION SHALL LIMIT DRIVERS FROM
30 FLASHING HIGH BEAMS AT ONCOMING VEHICLES AS A WARNING OF
19970H0433B4169 - 98 -
1 ROADWAY EMERGENCIES OR OTHER DANGEROUS OR HAZARDOUS
2 CONDITIONS AHEAD.
3 SECTION 41. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
4 § 4537. DEVICE USED TO CARRY PEDALCYCLES.
5 NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE TO THE
6 CONTRARY, A BUS USED FOR PUBLIC TRANSPORTATION SHALL BE
7 PERMITTED TO OPERATE WITH A DEVICE USED TO CARRY PEDALCYCLES
8 MOUNTED ON THE FRONT OF THE BUS IF THE DEVICE, INCLUDING THE
9 PEDALCYCLES, DOES NOT EXTEND MORE THAN 36 INCHES.
10 SECTION 42. SECTION 4552 OF TITLE 75 IS AMENDED BY ADDING
11 SUBSECTIONS TO READ:
12 § 4552. GENERAL REQUIREMENTS FOR SCHOOL BUSES.
13 * * *
14 (B.2) USE OF FRONT CROSSING CONTROL ARM.--EVERY SCHOOL BUS
15 SHALL BE EQUIPPED WITH A CROSSING CONTROL ARM ON THE FRONT OF
16 THE VEHICLE. THE CROSSING CONTROL ARM SHALL BE AUTOMATICALLY
17 ACTIVATED WHENEVER THE BUS IS STOPPED WITH THE RED VISUAL
18 SIGNALS IN USE. THE CROSSING CONTROL ARM IS MANDATED ACCORDING
19 TO THE FOLLOWING SCHEDULE:
20 (1) SCHOOL BUSES MAY BE EQUIPPED WITH AND USE A CROSSING
21 CONTROL ARM ON JANUARY 1, 1999.
22 (2) EVERY SCHOOL BUS PURCHASED AND MANUFACTURED AFTER
23 JULY 1, 1999, SHALL BE EQUIPPED WITH A CROSSING CONTROL ARM.
24 (3) BY JULY 1, 2001, EVERY SCHOOL BUS SHALL BE EQUIPPED
25 WITH A CROSSING CONTROL ARM.
26 (B.3) STROBE LIGHT.--SCHOOL BUSES MAY BE EQUIPPED WITH A
27 BRIGHT WHITE STROBE LIGHT AFFIXED TO THE ROOF.
28 * * *
29 SECTION 43. SECTIONS 4702(B)(2) AND (5) AND 4702.1(A) OF
30 TITLE 75 ARE AMENDED TO READ:
19970H0433B4169 - 99 -
1 § 4702. REQUIREMENT FOR PERIODIC INSPECTION OF VEHICLES.
2 * * *
3 (B) SEMIANNUAL SAFETY INSPECTION OF CERTAIN VEHICLES.--THE
4 FOLLOWING VEHICLES SHALL BE SUBJECT TO SEMIANNUAL SAFETY
5 INSPECTION:
6 * * *
7 (2) [PASSENGER VANS] VEHICLES WHICH ARE:
8 (I) UNDER CONTRACT WITH OR OWNED BY A SCHOOL
9 DISTRICT OR PRIVATE OR PAROCHIAL SCHOOL, INCLUDING
10 VEHICLES HAVING CHARTERED GROUP AND PARTY RIGHTS UNDER
11 THE PENNSYLVANIA PUBLIC UTILITY COMMISSION; AND
12 (II) USED TO TRANSPORT SCHOOL STUDENTS.
13 * * *
14 [(5) CONSTRUCTION TRUCKS FOR WHICH ANNUAL PERMITS ARE
15 ISSUED PURSUANT TO SECTION 4970(B) (RELATING TO PERMIT FOR
16 MOVEMENT OF CONSTRUCTION EQUIPMENT).]
17 * * *
18 § 4702.1. LIMITED LIABILITY OF INSPECTION STATION OR MECHANIC.
19 (A) GENERAL RULE.--AN INSPECTION CONDUCTED PURSUANT TO
20 SECTION 4702(A) (RELATING TO ANNUAL INSPECTION) SHALL NOT BE
21 CONSTRUED AS A GUARANTY OF THE SAFETY OF ANY VEHICLE AND NEITHER
22 THE OFFICIAL INSPECTION STATION ISSUING THE CERTIFICATE OF
23 INSPECTION NOR THE OFFICIAL INSPECTION MECHANIC PERFORMING THE
24 INSPECTION SHALL BE LIABLE TO THE OWNER OR OCCUPANTS OF ANY
25 INSPECTED VEHICLE FOR ANY DAMAGES CAUSED BY THE FAILURE OR
26 MALFUNCTION OF THAT VEHICLE OR TO THE OWNER OR OCCUPANTS OF ANY
27 VEHICLE INVOLVED IN AN ACCIDENT WITH THAT INSPECTED VEHICLE OR
28 TO ANY PEDESTRIAN INJURED IN THE ACCIDENT UNLESS IT CAN BE SHOWN
29 BY A PREPONDERANCE OF THE EVIDENCE THAT THE FAILURE WAS CAUSED
30 BY THE NEGLIGENCE OF THE INSPECTION STATION OR MECHANIC. AN
19970H0433B4169 - 100 -
1 OFFICIAL INSPECTION MECHANIC, IN THE COURSE OF HIS DUTIES
2 RELATING TO THE ROAD TEST PORTION OF AN OFFICIAL VEHICLE SAFETY
3 INSPECTION, SHALL NOT BE CITED BY LAW ENFORCEMENT PERSONNEL FOR
4 ANY VIOLATION RELATING TO VEHICLE EQUIPMENT. THIS PROVISION DOES
5 NOT PRECLUDE AN OFFICIAL INSPECTION MECHANIC FROM BEING CITED BY
6 LAW ENFORCEMENT PERSONNEL FOR MOVING VIOLATIONS COMMITTED DURING
7 THE ROAD TEST PORTION OF AN OFFICIAL VEHICLE SAFETY INSPECTION.
8 * * *
9 SECTION 44. SECTION 4703(B)(10) AND (F) OF TITLE 75 ARE
10 AMENDED AND SUBSECTION (B) IS AMENDED BY ADDING A PARAGRAPH TO
11 READ:
12 § 4703. OPERATION OF VEHICLE WITHOUT OFFICIAL CERTIFICATE OF
13 INSPECTION.
14 * * *
15 (B) EXCEPTIONS.--SUBSECTION (A) DOES NOT APPLY TO:
16 * * *
17 (10) [ANTIQUE VEHICLES.] A MOTOR VEHICLE REGISTERED AS
18 AN ANTIQUE PURSUANT TO SECTION 1340 (RELATING TO ANTIQUE,
19 CLASSIC AND COLLECTIBLE PLATES).
20 * * *
21 (13) NEW VEHICLES IN THE POSSESSION OF A SECOND-STAGE
22 MANUFACTURER WHICH ARE IN TRANSIT:
23 (I) FROM A DEALER OR DISTRIBUTOR FOR COMPLETION; OR
24 (II) TO A DEALER OR DISTRIBUTOR UPON COMPLETION.
25 * * *
26 (F) AUTHORITY OF POLICE.--ANY POLICE OFFICER MAY STOP ANY
27 MOTOR VEHICLE, MASS TRANSIT VEHICLE OR TRAILER AND REQUIRE THE
28 OWNER OR OPERATOR TO DISPLAY AN OFFICIAL CERTIFICATE OF
29 INSPECTION FOR THE VEHICLE BEING OPERATED. A POLICE OFFICER MAY
30 SUMMARILY REMOVE AN UNAUTHORIZED, EXPIRED OR UNLAWFULLY ISSUED
19970H0433B4169 - 101 -
1 CERTIFICATE OF INSPECTION FROM ANY VEHICLE OR MASS TRANSIT
2 VEHICLE. FOR THE PURPOSES OF ADMINISTERING THE REQUIREMENTS OF
3 REGULATIONS PROMULGATED BY THE DEPARTMENT, A QUALIFIED
4 COMMONWEALTH EMPLOYEE OR AN AUTHORIZED DEPARTMENT REPRESENTATIVE
5 MAY REMOVE AN UNAUTHORIZED, EXPIRED OR UNLAWFULLY ISSUED
6 CERTIFICATE OF INSPECTION FROM ANY VEHICLE.
7 * * *
8 SECTION 45. SECTIONS 4731, 4902(E), 4906, 4921(B)(2)(II),
9 4941(C), 4942(C) AND 4943(B)(3), (4) AND (6) AND (D) OF TITLE 75
10 ARE AMENDED TO READ:
11 § 4731. RECORDS OF INSPECTIONS AND CERTIFICATES ISSUED.
12 A RECORD SHALL BE MADE OF EVERY INSPECTION AND EVERY
13 CERTIFICATE ISSUED AND THE RECORD SHALL BE FORWARDED TO THE
14 DEPARTMENT IN THE MANNER AND AT THE TIME THE DEPARTMENT SHALL
15 SPECIFY BY REGULATION. AN OFFICIAL INSPECTION STATION AND ITS
16 RECORDS SHALL BE OPEN FOR INSPECTION BY ANY POLICE OFFICER [OR],
17 AUTHORIZED DEPARTMENT EMPLOYEE OR ANY DESIGNEE OF THE
18 DEPARTMENT.
19 § 4902. RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES.
20 * * *
21 (E) ERECTION OF SIGNS.--THE COMMONWEALTH AND LOCAL
22 AUTHORITIES SHALL ERECT OR CAUSE TO BE ERECTED AND MAINTAINED
23 RESTRICTION SIGNS DESIGNATING THE RESTRICTIONS [AT] WITHIN 25
24 FEET OF EACH END OF A BRIDGE OR PORTION OF HIGHWAY RESTRICTED AS
25 PROVIDED IN SUBSECTION (A) OR (B). IN THE CASE OF A RESTRICTION
26 ON A BRIDGE OR ON A HIGHWAY WHICH DOES NOT BEGIN OR END AT AN
27 INTERSECTION WITH AN UNRESTRICTED HIGHWAY, THE COMMONWEALTH OR
28 LOCAL AUTHORITIES SHALL ALSO PLACE AN ADVANCE INFORMATIONAL SIGN
29 AT THE INTERSECTION NEAREST EACH END OF THE RESTRICTED BRIDGE OR
30 PORTION OF HIGHWAY WHICH WOULD ALLOW DRIVERS TO AVOID THE
19970H0433B4169 - 102 -
1 RESTRICTED BRIDGE OR PORTION OF HIGHWAY. NO PERSON SHALL BE
2 CONVICTED OF VIOLATING SUBSECTION (A) OR (B) UNLESS THE
3 RESTRICTION SIGN DESIGNATING THE RESTRICTED BRIDGE OR PORTION OF
4 HIGHWAY TO TRAFFIC MOVING IN THE DIRECTION THE PERSON WAS
5 DRIVING WAS POSTED AS REQUIRED IN THIS SUBSECTION. HOWEVER,
6 FAILURE TO POST THE RESTRICTION SIGN DESIGNATING THE RESTRICTED
7 BRIDGE OR PORTION OF HIGHWAY TO TRAFFIC MOVING IN THE OPPOSITE
8 DIRECTION OR FAILURE TO POST ANY ADVANCE INFORMATIONAL SIGN
9 SHALL NOT CONSTITUTE A DEFENSE TO A VIOLATION OF THIS SECTION.
10 * * *
11 § 4906. FIRE APPARATUS.
12 THIS CHAPTER DOES NOT APPLY TO FIRE APPARATUS BEING OPERATED
13 ON THE HIGHWAY UNLESS SPECIFICALLY PROVIDED OTHERWISE.
14 § 4921. WIDTH OF VEHICLES.
15 * * *
16 (B) SPECIAL VEHICLES.--
17 * * *
18 (2) ANY IMPLEMENT OF HUSBANDRY NOT EXCEEDING 14 FEET 6
19 INCHES IN WIDTH MAY BE DRIVEN, HAULED OR TOWED BETWEEN
20 SUNRISE AND SUNSET ON HIGHWAYS OTHER THAN FREEWAYS BETWEEN:
21 * * *
22 (II) FARMS OWNED OR OPERATED BY THE OWNER OF THE
23 IMPLEMENT OF HUSBANDRY LOCATED NOT MORE THAN [25] 50
24 MILES APART.
25 * * *
26 § 4941. MAXIMUM GROSS WEIGHT OF VEHICLES.
27 * * *
28 (C) [TRUCKS] MOTOR VEHICLES.--NO [TRUCK] MOTOR VEHICLE WHEN
29 OPERATED UPON A HIGHWAY SHALL HAVE A GROSS WEIGHT EXCEEDING THE
30 FOLLOWING:
19970H0433B4169 - 103 -
1 MAXIMUM
2 GROSS WEIGHT
3 IN POUNDS
4 TWO-AXLE [TRUCK] MOTOR VEHICLE 38,000
5 THREE-AXLE [TRUCK] MOTOR VEHICLE 58,400
6 FOUR-AXLE [TRUCK] MOTOR VEHICLE 73,280
7 § 4942. REGISTERED GROSS WEIGHT.
8 * * *
9 (C) COMBINATION.--NO COMBINATION CONTAINING A TRAILER HAVING
10 A GROSS WEIGHT OR REGISTERED GROSS WEIGHT IN EXCESS OF 10,000
11 POUNDS SHALL BE OPERATED WITH A GROSS WEIGHT IN EXCESS OF THE
12 REGISTERED GROSS WEIGHT OF THE TRUCK OR TRUCK TRACTOR FOR A
13 COMBINATION.
14 § 4943. MAXIMUM AXLE WEIGHT OF VEHICLES.
15 * * *
16 (B) EXCEPTIONS AND SPECIAL APPLICATIONS.--
17 * * *
18 (3) NO TRUCKS REGISTERED IN CLASSES 17 AND 20 SHALL HAVE
19 AN OVERALL GROSS WEIGHT IN EXCESS OF 21,400 POUNDS ON ANY
20 TANDEM AXLE. IN ADDITION, A GROUP OF THREE TANDEM AXLES SHALL
21 NOT HAVE AN OVERALL GROSS WEIGHT IN EXCESS OF 60,000 POUNDS.
22 THIS PARAGRAPH SHALL NOT BE APPLICABLE TO INTERSTATE HIGHWAYS
23 EXCEPT FOR A HIGHWAY ADDED TO THE INTERSTATE SYSTEM UNDER THE
24 NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995 (PUBLIC LAW
25 104-59, 109 STAT. 568).
26 (4) [EXCEPT ON INTERSTATE HIGHWAYS, SUBSECTION]
27 SUBSECTION (A)(1) AND (2) [DOES] DO NOT APPLY TO A VEHICLE OR
28 COMBINATION OPERATING UNDER THE TERMS OF AN AGREEMENT
29 ESTABLISHED UNDER SECTION 4902(C) (RELATING TO RESTRICTIONS
19970H0433B4169 - 104 -
1 ON USE OF HIGHWAYS AND BRIDGES). THIS PARAGRAPH SHALL NOT BE
2 APPLICABLE TO INTERSTATE HIGHWAYS EXCEPT FOR A HIGHWAY ADDED
3 TO THE INTERSTATE SYSTEM UNDER THE NATIONAL HIGHWAY SYSTEM
4 DESIGNATION ACT OF 1995.
5 * * *
6 [(6) PARAGRAPH (3) AND THE EXCEPTION IN PARAGRAPH (4)
7 SHALL NOT APPLY ON A HIGHWAY ADDED TO THE INTERSTATE SYSTEM
8 UNDER THE NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995
9 (PUBLIC LAW 104-59, 109 STAT. 568).]
10 * * *
11 [(D) LOCATION OF FRONT AXLE OF SEMITRAILER.--NO SEMITRAILER,
12 ORIGINALLY IN THIS COMMONWEALTH ON OR AFTER SEPTEMBER 1, 1963,
13 AND HAVING TWO OR MORE AXLES, SHALL BE OPERATED UPON A HIGHWAY
14 UNLESS THE FOREMOST AXLE OF THE SEMITRAILER IS AT LEAST 12 FEET
15 FROM THE REARMOST AXLE OF THE TOWING VEHICLE.]
16 * * *
17 SECTION 46. SECTION 4961(A)(5) AND (6) OF TITLE 75 ARE
18 AMENDED AND THE SUBSECTION IS AMENDED BY ADDING A PARAGRAPH TO
19 READ:
20 § 4961. AUTHORITY TO ISSUE PERMITS.
21 (A) GENERAL RULE.--THE DEPARTMENT AND LOCAL AUTHORITIES WITH
22 RESPECT TO HIGHWAYS UNDER THEIR RESPECTIVE JURISDICTIONS MAY,
23 UPON APPLICATION IN WRITING SHOWING GOOD CAUSE, ISSUE SPECIAL
24 PERMITS IN WRITING AUTHORIZING THE APPLICANT TO OPERATE OR MOVE
25 ON SPECIFIED HIGHWAYS ANY OF THE FOLLOWING:
26 * * *
27 (5) A MODULAR HOUSING OR MANUFACTURED CONSTRUCTION UNIT
28 WHICH EXCEEDS THE MAXIMUM SIZE PRESCRIBED IN THIS TITLE.
29 (5.1) A MANUFACTURED CONSTRUCTION UNIT WHICH EXCEEDS THE
30 MAXIMUM SIZE AND WEIGHT PRESCRIBED IN THIS TITLE.
19970H0433B4169 - 105 -
1 (6) A MODULAR HOUSING OR MANUFACTURED CONSTRUCTION UNIT
2 UNDERCARRIAGE WHICH EXCEEDS THE MAXIMUM SIZE PRESCRIBED IN
3 THIS TITLE.
4 * * *
5 SECTION 47. SECTIONS 4962(D), (F) AND (F.1), 4963 AND 4966
6 OF TITLE 75 ARE AMENDED TO READ:
7 § 4962. CONDITIONS OF PERMITS AND SECURITY FOR DAMAGES.
8 * * *
9 (D) SPECIAL ESCORT SERVICES.--THE DEPARTMENT OR LOCAL
10 AUTHORITIES SHALL SPECIFY WHAT MOVEMENTS REQUIRE SPECIAL ESCORT
11 SERVICES OF THE PENNSYLVANIA STATE POLICE, LOCAL POLICE OR
12 DEPARTMENT PERSONNEL.
13 * * *
14 (F) WHEN LOADS PERMITTED.--ONLY VEHICLES AND COMBINATIONS
15 PERMITTED UNDER THE FOLLOWING PROVISIONS SHALL BE AUTHORIZED TO
16 CARRY OR HAUL LOADS WHILE OPERATING UNDER THE PERMIT:
17 SECTION 4961(A)(2), (3) AND (6) (RELATING TO AUTHORITY TO
18 ISSUE PERMITS).
19 SECTION 4965 (RELATING TO SINGLE PERMITS FOR MULTIPLE
20 HIGHWAY CROSSINGS).
21 SECTION 4968 (RELATING TO PERMIT FOR MOVEMENT DURING
22 COURSE OF MANUFACTURE).
23 [SECTION 4970(B) (RELATING TO PERMIT FOR MOVEMENT OF
24 CONSTRUCTION EQUIPMENT).]
25 SECTION 4974 (RELATING TO PERMIT FOR MOVEMENT OF
26 CONTAINERIZED CARGO).
27 SECTION 4975 (RELATING TO PERMIT FOR MOVEMENT OF SPECIAL
28 MOBILE EQUIPMENT).
29 SECTION 4976 (RELATING TO PERMIT FOR MOVEMENT OF DOMESTIC
30 ANIMAL FEED).
19970H0433B4169 - 106 -
1 SECTION 4976.1 (RELATING TO PERMIT FOR MOVEMENT OF LIVE
2 DOMESTIC ANIMALS).
3 SECTION 4977 (RELATING TO PERMIT FOR MOVEMENT OF WOODEN
4 STRUCTURES).
5 SECTION 4978 (RELATING TO PERMIT FOR MOVEMENT OF BUILDING
6 STRUCTURAL COMPONENTS).
7 SECTION 4979 (RELATING TO PERMIT FOR MOVEMENT OF
8 PARTICLEBOARD OR FIBERBOARD USED IN THE MANUFACTURE OF READY-
9 TO-ASSEMBLE FURNITURE).
10 SECTION 4979.1 (RELATING TO PERMIT FOR MOVEMENT OF BULK
11 REFINED OIL).
12 SECTION 4979.2 (RELATING TO PERMIT FOR MOVEMENT OF WASTE
13 COAL AND BENEFICIAL COMBUSTION ASH).
14 (F.1) AUTHORIZED TRAVEL PERIODS.--A PERMITTED VEHICLE,
15 COMBINATION OR LOAD WHICH DOES NOT EXCEED [100,000] 107,000
16 POUNDS GROSS WEIGHT AND WHICH DOES NOT EXCEED A SIZE LIMITATION
17 UNDER SUBCHAPTER B (RELATING TO WIDTH, HEIGHT AND LENGTH) MAY BE
18 DRIVEN, HAULED OR TOWED 24 HOURS A DAY, SEVEN DAYS A WEEK, IF
19 THE VEHICLE OR COMBINATION IS OPERATED AT PREVAILING SPEEDS.
20 MOVEMENT UNDER THIS SUBSECTION IS NOT AUTHORIZED DURING ANY OF
21 THE FOLLOWING:
22 (1) A HOLIDAY PERIOD SPECIFIED IN DEPARTMENT REGULATIONS
23 OR IN THE PERMIT.
24 (2) INCLEMENT WEATHER, AS DEFINED IN DEPARTMENT
25 REGULATIONS.
26 * * *
27 § 4963. EXEMPTIONS FOR VEHICLES USED IN STATE HIGHWAY
28 CONSTRUCTION OR MAINTENANCE.
29 [NO SPECIAL] WHEN OPERATING WITHIN THE ESTABLISHED
30 CONSTRUCTION OR MAINTENANCE PROJECT LIMITS, NO PERMIT SHALL BE
19970H0433B4169 - 107 -
1 REQUIRED FOR MOVEMENT ACROSS, UPON OR ALONG [STATE OR STATE-AID
2 HIGHWAYS FOR] ANY HIGHWAY, OF OVERSIZE OR OVERWEIGHT VEHICLES OF
3 THE DEPARTMENT OR A CONTRACTOR [USED FOR THE]_OR OTHER PERSON
4 CURRENTLY INVOLVED IN THE AUTHORIZED CONSTRUCTION OR
5 [IMPROVEMENT OF SUCH HIGHWAYS.] MAINTENANCE OF THE HIGHWAY.
6 MOVEMENT UNDER THIS SECTION IS NOT AUTHORIZED UPON A BRIDGE
7 POSTED UNDER SECTION 4902 (RELATING TO RESTRICTIONS ON USE OF
8 HIGHWAYS AND BRIDGES) UNLESS THE POSTED BRIDGE IS CURRENTLY
9 BEING RECONSTRUCTED OR MAINTAINED.
10 § 4966. PERMIT FOR MOVEMENT OF QUARRY EQUIPMENT.
11 AN ANNUAL PERMIT MAY BE ISSUED FOR THE MOVEMENT OF A PIECE OF
12 QUARRY EQUIPMENT OR MACHINERY EXCEEDING THE MAXIMUM SIZE OR
13 WEIGHT SPECIFIED IN THIS CHAPTER ACROSS ANY HIGHWAY OTHER THAN A
14 FREEWAY FROM ONE PART OF A QUARRY TO ANOTHER, OR UPON THE
15 HIGHWAYS OTHER THAN FREEWAYS CONNECTING BY THE MOST DIRECT ROUTE
16 ANY QUARRIES OR PORTIONS OF QUARRIES UNDER SINGLE OWNERSHIP OR
17 OPERATION, BUT NO PERMIT SHALL BE ISSUED FOR THE MOVEMENT OF
18 EQUIPMENT OR MACHINERY FOR A DISTANCE GREATER THAN [ONE-HALF]
19 ONE MILE.
20 SECTION 48. SECTION 4968(A) INTRODUCTORY PARAGRAPH, (3),
21 (3.1), (3.2) AND (3.3) OF TITLE 75 ARE AMENDED AND THE
22 SUBSECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:
23 § 4968. PERMIT FOR MOVEMENT DURING COURSE OF MANUFACTURE.
24 (A) ANNUAL PERMIT.--AN ANNUAL PERMIT MAY BE ISSUED
25 AUTHORIZING MOVEMENT ON SPECIFIED HIGHWAYS OF BOATS, TRAILERS,
26 MOBILE HOMES, MODULAR HOUSING UNITS AND UNDERCARRIAGES,
27 HELICOPTERS, HOT INGOTS, RAW COAL, BASIC OXYGEN FURNACE LANCES,
28 RAILWAY EQUIPMENT AND RAILS OR OTHER ARTICLES, VEHICLES OR
29 COMBINATIONS WHICH EXCEED THE MAXIMUM HEIGHT, WIDTH OR LENGTH
30 SPECIFIED IN SUBCHAPTER B (RELATING TO WIDTH, HEIGHT AND LENGTH)
19970H0433B4169 - 108 -
1 OR SELF-PROPELLED CRANES OR COMBINATIONS CARRYING RAW MILK OR
2 FLAT-ROLLED STEEL COILS OR HOT INGOTS WHICH EXCEED THE MAXIMUM
3 WEIGHT SPECIFIED IN SUBCHAPTER C (RELATING TO MAXIMUM WEIGHTS OF
4 VEHICLES) WHILE THEY ARE IN THE COURSE OF MANUFACTURE AND
5 [ENTIRELY WITHIN THE] UNDER CONTRACT WITH OR UNDER THE DIRECT
6 CONTROL OF THE MANUFACTURER, SUBJECT TO THE FOLLOWING
7 PROVISIONS:
8 * * *
9 (3) A COMBINATION OF VEHICLES WHICH IS HAULING FLAT-
10 ROLLED STEEL COILS MAY BE PERMITTED BY THE DEPARTMENT AND
11 LOCAL AUTHORITIES TO MOVE UPON [SPECIFIED] HIGHWAYS WITHIN
12 THEIR RESPECTIVE JURISDICTION A DISTANCE NOT EXCEEDING [25]
13 50 MILES IF THE GROSS WEIGHT DOES NOT EXCEED 100,000 POUNDS
14 AND THE WEIGHT OF ANY NONSTEERING AXLE DOES NOT EXCEED 21,000
15 POUNDS. NO PERMIT MAY BE ISSUED FOR THIS TYPE OF MOVEMENT
16 UPON AN INTERSTATE HIGHWAY.
17 (3.1) A COMBINATION OF VEHICLES WHICH IS HAULING RAW
18 MILK TO OR FROM A MANUFACTURER MAY BE PERMITTED BY THE
19 DEPARTMENT AND LOCAL AUTHORITIES TO MOVE UPON [SPECIFIED]
20 HIGHWAYS WITHIN THEIR RESPECTIVE JURISDICTION 24 HOURS A DAY,
21 SEVEN DAYS A WEEK, EXCEPT DURING INCLEMENT WEATHER AS DEFINED
22 IN DEPARTMENT REGULATIONS, IF THE GROSS WEIGHT DOES NOT
23 EXCEED 95,000 POUNDS AND IF THE WEIGHT OF ANY NONSTEERING
24 AXLE DOES NOT EXCEED 21,000 POUNDS. NO PERMIT MAY BE ISSUED
25 FOR THIS TYPE OF MOVEMENT UPON AN INTERSTATE HIGHWAY.
26 (3.2) A COMBINATION OF VEHICLES WHICH IS HAULING A HOT
27 INGOT MAY BE PERMITTED BY THE DEPARTMENT AND LOCAL
28 AUTHORITIES TO MOVE UPON [SPECIFIED] HIGHWAYS WITHIN THEIR
29 RESPECTIVE JURISDICTION A DISTANCE NOT EXCEEDING 25 MILES IF
30 THE GROSS WEIGHT DOES NOT EXCEED 150,000 POUNDS AND THE
19970H0433B4169 - 109 -
1 WEIGHT OF ANY NONSTEERING AXLE DOES NOT EXCEED 21,000 POUNDS.
2 (3.3) A COMBINATION OF VEHICLES WHICH IS HAULING BASIC
3 OXYGEN FURNACE LANCES MAY BE PERMITTED BY THE DEPARTMENT AND
4 LOCAL AUTHORITIES TO MOVE UPON [SPECIFIED] HIGHWAYS WITHIN
5 THEIR RESPECTIVE JURISDICTIONS IF THE OVERALL LENGTH DOES NOT
6 EXCEED 90 FEET. A VEHICLE OPERATING UNDER A PERMIT AUTHORIZED
7 UNDER THIS SECTION MAY BE DRIVEN 24 HOURS A DAY, SEVEN DAYS A
8 WEEK, IF THE VEHICLE OR COMBINATION IS OPERATED AT PREVAILING
9 SPEEDS. MOVEMENT UNDER THIS PARAGRAPH IS NOT AUTHORIZED
10 DURING ANY OF THE FOLLOWING:
11 (I) A HOLIDAY PERIOD SPECIFIED IN DEPARTMENT
12 REGULATIONS OR IN THE PERMIT.
13 (II) INCLEMENT WEATHER, AS DEFINED IN DEPARTMENT
14 REGULATIONS.
15 (3.4) A SELF-PROPELLED CRANE WHICH IS BEING ROAD TESTED
16 MAY BE PERMITTED BY THE DEPARTMENT AND LOCAL AUTHORITIES TO
17 MOVE UPON HIGHWAYS WITHIN THEIR RESPECTIVE JURISDICTIONS A
18 DISTANCE NOT EXCEEDING 15 MILES IF THE GROSS WEIGHT DOES NOT
19 EXCEED 150,000 POUNDS AND THE WEIGHT ON ANY AXLE DOES NOT
20 EXCEED 27,000 POUNDS.
21 (3.5) A COMBINATION OF VEHICLES WHICH IS HAULING RAW
22 COAL FROM A MINE TO A PROCESSING OR PREPARATION FACILITY MAY
23 BE PERMITTED BY THE DEPARTMENT AND LOCAL AUTHORITIES TO MOVE
24 UPON HIGHWAYS WITHIN THEIR RESPECTIVE JURISDICTIONS A
25 DISTANCE NOT EXCEEDING 30 MILES IF THE GROSS WEIGHT DOES NOT
26 EXCEED 95,000 POUNDS AND IF THE WEIGHT OF ANY NONSTEERING
27 AXLE DOES NOT EXCEED 21,000 POUNDS. NO PERMIT MAY BE ISSUED
28 FOR THIS TYPE OF MOVEMENT UPON AN INTERSTATE HIGHWAY.
29 * * *
30 SECTION 49. SECTION 4970(B) AND (B.1) OF TITLE 75 ARE
19970H0433B4169 - 110 -
1 AMENDED TO READ:
2 § 4970. PERMIT FOR MOVEMENT OF CONSTRUCTION EQUIPMENT.
3 * * *
4 [(B) CONSTRUCTION TRUCKS.--AN ANNUAL PERMIT MAY BE ISSUED
5 FOR A CONSTRUCTION TRUCK TO EXCEED THE REGISTERED GROSS WEIGHT
6 PERMITTED IN SECTION 4941(C) (RELATING TO MAXIMUM GROSS WEIGHT
7 OF VEHICLES) AND THE MAXIMUM ALLOWABLE AXLE WEIGHT PERMITTED IN
8 SECTION 4943(A) (RELATING TO MAXIMUM AXLE WEIGHT OF VEHICLES) ON
9 HIGHWAYS AND BRIDGES DESIGNATED BY THE DEPARTMENT. THIS
10 SUBSECTION SHALL:
11 (1) ONLY APPLY TO TRUCKS REGISTERED AT THE TIME OF
12 ENACTMENT OF THIS SUBSECTION; AND
13 (2) EXPIRE ON MAY 31, 1998.
14 (B.1) CONSTRUCTION TRUCKS.--AN ANNUAL PERMIT MAY BE ISSUED
15 FOR A CONSTRUCTION TRUCK TO EXCEED THE REGISTERED GROSS WEIGHT
16 PERMITTED IN SECTION 4941(C) AND THE MAXIMUM ALLOWABLE AXLE
17 WEIGHT PERMITTED IN SECTION 4943(A) ON HIGHWAYS AND BRIDGES
18 DESIGNATED BY THE DEPARTMENT. THIS SUBSECTION SHALL:
19 (1) ONLY APPLY TO TRUCKS REGISTERED PRIOR TO OCTOBER 10,
20 1980; AND
21 (2) EXPIRE ON MAY 31, 1998.]
22 SECTION 50. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
23 § 4976.1. PERMIT FOR MOVEMENT OF LIVE DOMESTIC ANIMALS.
24 (A) AUTHORIZATION.--AN ANNUAL PERMIT MAY BE ISSUED
25 AUTHORIZING THE MOVEMENT ON HIGHWAYS OF LIVE DOMESTIC ANIMALS
26 WHICH EXCEEDS THE MAXIMUM GROSS WEIGHT SPECIFIED IN SUBCHAPTER C
27 (RELATING TO MAXIMUM WEIGHTS OF VEHICLES). THE WEIGHT OF ANY
28 COMBINATION PERMITTED UNDER THIS SECTION SHALL NOT EXCEED 95,000
29 POUNDS GROSS WEIGHT AND THE WEIGHT ON ANY NONSTEERING AXLE SHALL
30 NOT EXCEED 21,000 POUNDS. NO PERMIT MAY BE ISSUED FOR THIS TYPE
19970H0433B4169 - 111 -
1 OF MOVEMENT UPON AN INTERSTATE HIGHWAY.
2 (B) DEFINITION.--AS USED IN THIS SECTION, THE TERM "DOMESTIC
3 ANIMAL" SHALL HAVE THE MEANING GIVEN TO IT IN 3 PA.C.S. CH. 23
4 (RELATING TO DOMESTIC ANIMALS).
5 SECTION 51. SECTION 4977 OF TITLE 75 IS AMENDED TO READ:
6 § 4977. PERMIT FOR MOVEMENT OF WOODEN STRUCTURES.
7 AN ANNUAL PERMIT MAY BE ISSUED FOR THE MOVEMENT ON HIGHWAYS
8 OF CERTAIN WOODEN STRUCTURES WHICH EXCEED THE MAXIMUM LENGTH
9 [AND], WIDTH AND HEIGHT SPECIFIED IN SUBCHAPTER B (RELATING TO
10 WIDTH, HEIGHT AND LENGTH), SUBJECT TO THE FOLLOWING CONDITIONS:
11 (1) THE OVERALL WIDTH, INCLUDING ALL APPURTENANCES AND
12 OVERHANGS, MAY NOT EXCEED 13 FEET.
13 (2) THE OVERALL LENGTH MAY NOT EXCEED 90 FEET.
14 (2.1) THE OVERALL HEIGHT MAY NOT EXCEED 13 FEET 10
15 INCHES.
16 (3) THE WOODEN STRUCTURE OR STRUCTURES MUST BE
17 TRANSPORTED ON A TRAILER DESIGNED SOLELY FOR THE
18 TRANSPORTATION OF SUCH STRUCTURES AND NOT USED FOR THE
19 TRANSPORTATION OF ANY OTHER TYPE OF LOAD.
20 (4) MOVEMENT UNDER THIS SECTION IS LIMITED TO [ROOF
21 TRUSSES,] WOODEN UTILITY SHEDS, GAZEBOS, GARAGES AND PLAY
22 EQUIPMENT.
23 SECTION 52. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:
24 § 4978. PERMIT FOR MOVEMENT OF BUILDING STRUCTURAL COMPONENTS.
25 A PERMIT MAY BE ISSUED FOR THE DURATION OF A SINGLE BUILDING
26 CONSTRUCTION PROJECT, BUT NOT EXCEEDING ONE YEAR, AUTHORIZING
27 THE MOVEMENT UPON SPECIFIED HIGHWAYS OF NONDIVISIBLE BUILDING
28 STRUCTURAL COMPONENTS, SUCH AS PRECAST CONCRETE, ROOF TRUSSES OR
29 WALL PANELS, WHICH EXCEED THE MAXIMUM WIDTH, HEIGHT OR LENGTH
30 SPECIFIED IN SUBCHAPTER B (RELATING TO WIDTH, HEIGHT AND
19970H0433B4169 - 112 -
1 LENGTH). COMBINATIONS PERMITTED UNDER THIS SECTION MAY NOT
2 EXCEED 90 FEET IN LENGTH, 13 FEET IN WIDTH OR 14 FEET 6 INCHES
3 IN HEIGHT.
4 § 4979. PERMIT FOR MOVEMENT OF PARTICLEBOARD OR FIBERBOARD USED
5 IN THE MANUFACTURE OF READY TO ASSEMBLE FURNITURE.
6 AN ANNUAL PERMIT MAY BE ISSUED AUTHORIZING THE MOVEMENT ON
7 SPECIFIED HIGHWAYS OF PARTICLEBOARD OR FIBERBOARD FOR USE IN THE
8 MANUFACTURE OF READY-TO-ASSEMBLE HOUSEHOLD OR OFFICE FURNITURE
9 WHICH EXCEEDS THE MAXIMUM VEHICLE GROSS WEIGHT SPECIFIED IN
10 SUBCHAPTER C (RELATING TO MAXIMUM WEIGHTS OF VEHICLES). PERMITS
11 ISSUED UNDER THIS SECTION SHALL NOT EXCEED A DISTANCE OF 50
12 MILES. THE WEIGHT OF ANY VEHICLE PERMITTED UNDER THIS SECTION
13 MAY NOT EXCEED 107,000 POUNDS OVERALL GROSS WEIGHT AND SHALL
14 HAVE THE FOLLOWING MAXIMUM AXLE WEIGHT LIMITS FOR ALL
15 NONSTEERING AXLES:
16 SINGLE AXLE 21,000 POUNDS
17 TANDEM AXLES 42,000 POUNDS
18 TRIDEM AXLES 53,000 POUNDS
19 QUAD AXLES 63,000 POUNDS
20 NO PERMIT MAY BE ISSUED FOR THIS TYPE OF MOVEMENT UPON AN
21 INTERSTATE HIGHWAY.
22 § 4979.1. PERMIT FOR MOVEMENT OF BULK REFINED OIL.
23 AN ANNUAL PERMIT MAY BE ISSUED AUTHORIZING THE MOVEMENT ON
24 SPECIFIED HIGHWAYS OF REFINED OIL IN BULK BETWEEN A REFINERY AND
25 A DISTRIBUTION FACILITY WHICH EXCEEDS THE MAXIMUM VEHICLE GROSS
26 WEIGHT SPECIFIED IN SUBCHAPTER C (RELATING TO MAXIMUM WEIGHTS OF
27 VEHICLES). PERMITS ISSUED UNDER THIS SECTION SHALL NOT EXCEED A
28 DISTANCE OF 50 MILES. THE WEIGHT OF ANY VEHICLE PERMITTED UNDER
29 THIS SECTION MAY NOT EXCEED 107,000 POUNDS OVERALL GROSS WEIGHT
30 AND SHALL HAVE THE FOLLOWING MAXIMUM AXLE WEIGHT LIMITS FOR ALL
19970H0433B4169 - 113 -
1 NONSTEERING AXLES:
2 SINGLE AXLE 21,000 POUNDS
3 TANDEM AXLES 42,000 POUNDS
4 TRIDEM AXLES 53,000 POUNDS
5 QUAD AXLES 63,000 POUNDS
6 NO PERMIT MAY BE ISSUED FOR THIS TYPE OF MOVEMENT UPON AN
7 INTERSTATE HIGHWAY.
8 § 4979.2. PERMIT FOR MOVEMENT OF WASTE COAL AND BENEFICIAL
9 COMBUSTION ASH.
10 AN ANNUAL PERMIT MAY BE ISSUED FOR THE MOVEMENT ON SPECIFIED
11 HIGHWAYS OF WASTE COAL FROM A REFUSE PILE TO A PREPARATION OR
12 POWER PRODUCTION FACILITY OR BENEFICIAL COMBUSTION ASH FROM A
13 POWER PRODUCTION FACILITY TO A RECLAMATION AREA WHICH EXCEEDS
14 THE MAXIMUM VEHICLE GROSS WEIGHT SPECIFIED IN SUBCHAPTER C
15 (RELATING TO MAXIMUM WEIGHTS OF VEHICLES). THE WEIGHT OF ANY
16 VEHICLE PERMITTED UNDER THIS SECTION MAY NOT EXCEED 95,000
17 POUNDS OVERALL GROSS WEIGHT AND THE WEIGHT ON ANY NONSTEERING
18 AXLE MAY NOT EXCEED 21,000 POUNDS. NO PERMIT MAY BE ISSUED FOR
19 THIS TYPE OF MOVEMENT UPON AN INTERSTATE HIGHWAY.
20 SECTION 53. SECTIONS 6108, 6109(E) AND 6125(D) OF TITLE 75
21 ARE AMENDED TO READ:
22 § 6108. POWER OF GOVERNOR DURING EMERGENCY.
23 (A) GENERAL RULE.--IN THE EVENT OF A DECLARED NATIONAL,
24 STATE OR LOCAL EMERGENCY WHEN THE GOVERNOR OF THIS COMMONWEALTH
25 HAS MADE A SPECIFIC DETERMINATION THAT MODIFICATION OF ANY OF
26 THE PROVISIONS OF THIS TITLE WILL AID IN THE ALLEVIATION OF THE
27 STATED EMERGENCY CONDITIONS, THE GOVERNOR SHALL HAVE THE POWER
28 TO SO MODIFY THE PROVISIONS ON ANY OR ALL HIGHWAYS IN THIS
29 COMMONWEALTH TO BE EFFECTIVE AT ANY OR ALL HOURS OF THE DAY OR
30 NIGHT WITH RESPECT TO ANY OR ALL TYPES OR CLASSES OF VEHICLES.
19970H0433B4169 - 114 -
1 SUCH MODIFICATIONS SHALL EXPIRE AT THE END OF THE EMERGENCY
2 PERIOD. NO PERSON, UNLESS SPECIFICALLY EXEMPTED BY THE TERMS OF
3 THE DECLARATION OF EMERGENCY OR BY OTHER PROVISIONS OF THE
4 STATUTE OR OTHER LAWS, SHALL VIOLATE ANY OF THE TERMS,
5 CONDITIONS, PROVISIONS AND MODIFICATIONS SET FORTH BY THE
6 GOVERNOR.
7 (B) PENALTY.--ANY PERSON VIOLATING THE PROVISIONS OF THIS
8 SECTION, OTHER THAN VIOLATIONS OF SECTION 3362(A)(3) (RELATING
9 TO MAXIMUM SPEED LIMITS), COMMITS A SUMMARY OFFENSE AND SHALL,
10 UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $300. THIS
11 PENALTY SHALL BE IN ADDITION TO ANY OTHER PENALTIES IMPOSED
12 UNDER THIS TITLE.
13 § 6109. SPECIFIC POWERS OF DEPARTMENT AND LOCAL AUTHORITIES.
14 * * *
15 (E) ENGINEERING AND TRAFFIC INVESTIGATION REQUIRED.--ACTION
16 BY LOCAL AUTHORITIES UNDER THIS SECTION SHALL BE TAKEN ONLY
17 AFTER COMPLETING AN ENGINEERING AND TRAFFIC INVESTIGATION WHEN
18 AND IN SUCH MANNER AS REQUIRED BY REGULATIONS PROMULGATED BY THE
19 DEPARTMENT. NO ENGINEERING AND TRAFFIC INVESTIGATION IS REQUIRED
20 TO ESTABLISH A SPEED LIMIT UNDER SECTION 3362(A)(1.2) (RELATING
21 TO MAXIMUM SPEED LIMITS).
22 * * *
23 § 6125. DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS OR MARKINGS.
24 * * *
25 (D) TOURIST-ORIENTED DIRECTIONAL SIGNS.--THE DEPARTMENT ON
26 STATE-DESIGNATED HIGHWAYS, INCLUDING INTERSECTIONS WITH LOCAL
27 HIGHWAYS, MAY ERECT AND MAINTAIN OR PROVIDE FOR THE ERECTION AND
28 MAINTENANCE OF TOURIST-ORIENTED DIRECTIONAL SIGNS. [PRIOR TO THE
29 PROMULGATION OF REGULATIONS, THE] THE ADMINISTRATION OF THE
30 DEPARTMENT'S PROGRAM FOR THE ERECTION AND MAINTENANCE OF
19970H0433B4169 - 115 -
1 TOURIST-ORIENTED DIRECTIONAL SIGNS SHALL BE PURSUANT TO A POLICY
2 CONSISTENT WITH FEDERAL HIGHWAY ADMINISTRATION TOURIST-ORIENTED
3 DIRECTIONAL SIGN GUIDELINES.
4 SECTION 54. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
5 § 6128. DEALING IN OFFICIAL TRAFFIC-CONTROL DEVICES OR BRIDGE
6 PARTS.
7 (A) GENERAL RULE.--A PERSON COMMITS A SUMMARY OFFENSE IF HE
8 KNOWINGLY PURCHASES, SELLS OR OFFERS FOR SALE AN OFFICIAL
9 TRAFFIC-CONTROL DEVICE OR AN IDENTIFIABLE RAILING OR OTHER PART
10 OF A PUBLIC BRIDGE.
11 (B) PRESUMPTION.--AN OFFICIAL TRAFFIC-CONTROL DEVICE OR AN
12 IDENTIFIABLE RAILING OR OTHER PART OF A PUBLIC BRIDGE FOUND IN
13 THE PLACE OF BUSINESS OF A PERSON WHO DEALS IN SCRAP METAL SHALL
14 BE PRESUMED TO BE OFFERED FOR SALE BY THE SCRAP METAL DEALER.
15 (C) EXCEPTION.--THIS SECTION SHALL NOT APPLY TO SALES BY OR
16 TO:
17 (1) THE COMMONWEALTH OR LOCAL AUTHORITIES OR THEIR
18 AGENTS OR CONTRACTORS; OR
19 (2) MANUFACTURERS OR FABRICATORS.
20 (D) PENALTY.--A PERSON WHO VIOLATES THE PROVISIONS OF THIS
21 SECTION SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF
22 $100 FOR EACH OFFICIAL TRAFFIC-CONTROL DEVICE OR IDENTIFIABLE
23 PIECE OF RAILING OR OTHER PART OF A PUBLIC BRIDGE HE IS
24 CONVICTED OF PURCHASING, SELLING OR OFFERING FOR SALE.
25 SECTION 55. SECTIONS 6149 AND 6308 OF TITLE 75 ARE AMENDED
26 TO READ:
27 § 6149. AUTOMATIC RECIPROCITY.
28 IF NO AGREEMENT, ARRANGEMENT OR DECLARATION IS IN EFFECT WITH
29 RESPECT TO ANOTHER JURISDICTION AS AUTHORIZED BY THIS
30 SUBCHAPTER, ANY VEHICLE PROPERLY REGISTERED OR LICENSED IN THE
19970H0433B4169 - 116 -
1 OTHER JURISDICTION, AND FOR WHICH EVIDENCE OF COMPLIANCE IS
2 SUPPLIED, SHALL RECEIVE, WHEN OPERATED IN THIS COMMONWEALTH, THE
3 SAME EXEMPTIONS, BENEFITS AND PRIVILEGES GRANTED BY THE OTHER
4 JURISDICTION TO VEHICLES PROPERLY REGISTERED IN THIS
5 COMMONWEALTH WITH THE SAME TYPE OF REGISTRATION.
6 § 6308. INVESTIGATION BY POLICE OFFICERS.
7 (A) DUTY OF OPERATOR OR PEDESTRIAN.--THE OPERATOR OF ANY
8 VEHICLE OR ANY PEDESTRIAN REASONABLY BELIEVED TO HAVE VIOLATED
9 ANY PROVISION OF THIS TITLE SHALL STOP UPON REQUEST OR SIGNAL OF
10 ANY POLICE OFFICER AND SHALL, UPON REQUEST, EXHIBIT A
11 REGISTRATION CARD, DRIVER'S LICENSE AND INFORMATION RELATING TO
12 FINANCIAL RESPONSIBILITY, OR OTHER MEANS OF IDENTIFICATION IF A
13 PEDESTRIAN OR DRIVER OF A PEDALCYCLE, AND SHALL WRITE THEIR NAME
14 IN THE PRESENCE OF THE POLICE OFFICER IF SO REQUIRED FOR THE
15 PURPOSE OF ESTABLISHING IDENTITY.
16 (B) AUTHORITY OF POLICE OFFICER.--WHENEVER A POLICE OFFICER
17 IS ENGAGED IN A SYSTEMATIC PROGRAM OF CHECKING VEHICLES OR
18 DRIVERS OR HAS ARTICULABLE AND REASONABLE GROUNDS TO SUSPECT A
19 VIOLATION OF THIS TITLE, HE MAY STOP A VEHICLE, UPON REQUEST OR
20 SIGNAL, FOR THE PURPOSE OF CHECKING THE VEHICLE'S REGISTRATION,
21 PROOF OF FINANCIAL RESPONSIBILITY, VEHICLE IDENTIFICATION NUMBER
22 OR ENGINE NUMBER OR THE DRIVER'S LICENSE, OR TO SECURE SUCH
23 OTHER INFORMATION AS THE OFFICER MAY REASONABLY BELIEVE TO BE
24 NECESSARY TO ENFORCE THE PROVISIONS OF THIS TITLE.
25 (C) INSPECTION OF GARAGES AND DEALER PREMISES.--[ANY] EXCEPT
26 AS PROVIDED IN SECTION 6308.05 (RELATING TO INVESTIGATION OF
27 CERTAIN MOTOR VEHICLE ESTABLISHMENTS IN CITIES OF THE FIRST
28 CLASS), ANY POLICE OFFICER OR AUTHORIZED DEPARTMENT EMPLOYEE MAY
29 INSPECT ANY VEHICLE IN ANY GARAGE OR REPAIR SHOP OR ON THE
30 PREMISES OF ANY DEALER, MISCELLANEOUS MOTOR VEHICLE BUSINESS,
19970H0433B4169 - 117 -
1 SALVAGE MOTOR VEHICLE AUCTION OR POOL OPERATOR, SALVOR, SCRAP
2 METAL PROCESSOR, OR OTHER PUBLIC PLACE OF BUSINESS FOR THE
3 PURPOSE OF LOCATING STOLEN VEHICLES OR PARTS OR VEHICLES OR
4 VEHICLE PARTS WITH IDENTIFICATION NUMBERS REMOVED OR FALSIFIED.
5 THE OWNER OF THE GARAGE OR REPAIR SHOP OR THE DEALER OR OTHER
6 PERSON SHALL PERMIT ANY POLICE OFFICER OR AUTHORIZED DEPARTMENT
7 EMPLOYEE TO MAKE INVESTIGATIONS UNDER THIS SUBSECTION.
8 (D) RECORDS.--[EVERY] EXCEPT AS PROVIDED IN SECTION 6308.05,
9 EVERY SALVOR, MISCELLANEOUS MOTOR VEHICLE BUSINESS, SALVAGE
10 MOTOR VEHICLE AUCTION OR POOL OPERATOR, SCRAP METAL PROCESSOR
11 AND DEALER SHALL KEEP ACCURATE RECORDS OF MOTOR VEHICLE SALES
12 AND DISPOSITIONS. THE RECORDS SHALL INCLUDE THE MAKE, YEAR AND
13 TYPE OF VEHICLE, FROM WHOM PURCHASED OR ACQUIRED AND DATE,
14 VEHICLE IDENTIFICATION NUMBER AND DATE OF SALE OR DISPOSITION OF
15 VEHICLE. THE RECORDS SHALL BE AVAILABLE ON THE PREMISES OF THE
16 SALVOR, MISCELLANEOUS MOTOR VEHICLE BUSINESS, SALVAGE MOTOR
17 VEHICLE AUCTION OR POOL OPERATOR, SCRAP METAL PROCESSOR AND
18 DEALER AND OPEN TO INSPECTION BY ANY POLICE OFFICER OR
19 AUTHORIZED DEPARTMENT EMPLOYEE. THE RECORDS SHALL BE MAINTAINED
20 FOR THREE YEARS FROM THE DATE OF DISPOSITION OF THE VEHICLE.
21 (D.1) PRODUCTION TO AVOID PENALTY.--NO PERSON SHALL BE
22 CONVICTED OF FAILING TO HAVE IN HIS POSSESSION A DRIVER'S
23 LICENSE REQUIRED TO BE EXHIBITED UNDER SUBSECTION (A) OR (B) IF
24 THE PERSON:
25 (1) PRODUCES AT THE HEADQUARTERS OF THE POLICE OFFICER
26 WHO DEMANDED TO SEE THE PERSON'S LICENSE, WITHIN 15 DAYS OF
27 THE DEMAND, A DRIVER'S LICENSE VALID IN THIS COMMONWEALTH AT
28 THE TIME OF THE DEMAND; OR
29 (2) IF A CITATION HAS BEEN FILED, PRODUCES AT THE OFFICE
30 OF THE ISSUING AUTHORITY, WITHIN 15 DAYS OF THE FILING OF THE
19970H0433B4169 - 118 -
1 CITATION, A DRIVER'S LICENSE VALID IN THIS COMMONWEALTH ON
2 THE DATE OF THE CITATION.
3 (E) PENALTY.--ANY PERSON VIOLATING SUBSECTION (D) COMMITS A
4 MISDEMEANOR OF THE THIRD DEGREE.
5 SECTION 56. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
6 § 6308.05. INVESTIGATION OF CERTAIN MOTOR VEHICLE
7 ESTABLISHMENTS IN CITIES OF THE FIRST CLASS.
8 (A) INSPECTION.--ANY POLICE OFFICER OR AUTHORIZED DEPARTMENT
9 EMPLOYEE MAY DURING REGULAR BUSINESS OR USUAL BUSINESS HOURS OR
10 AT ANY TIME BUSINESS IS BEING CONDUCTED OR WORK IS BEING
11 PERFORMED, INSPECT ANY VEHICLE OR PART FOR WHICH RECORDS ARE
12 REQUIRED TO BE KEPT UNDER SUBSECTION (B) IN ANY GARAGE, REPAIR
13 SHOP, ON THE PREMISES OF ANY DEALER, MISCELLANEOUS MOTOR VEHICLE
14 BUSINESS, SALVAGE MOTOR VEHICLE AUCTION OR POOL OPERATOR,
15 SALVOR, SCRAP METAL PROCESSOR, MOTOR VEHICLE PARTS BUSINESS, OR
16 IN ANY AREA USED TO STORE VEHICLES, VEHICLE PARTS, TOOLS USED IN
17 THE BUSINESS AND BUSINESS RECORDS THEREOF OR OTHER PUBLIC PLACE
18 OF BUSINESS FOR THE PURPOSE OF:
19 (1) LOCATING STOLEN VEHICLES, PARTS OF VEHICLES OR
20 VEHICLE PARTS WITH IDENTIFICATION NUMBERS, FEDERAL
21 CERTIFICATION LABELS, ANTITHEFT LABELS OR PARTS STICKERS
22 REMOVED, ALTERED OR FALSIFIED; OR
23 (2) INSPECTING THE RECORDS REQUIRED TO BE KEPT UNDER
24 SUBSECTION (B).
25 THE OWNER, OPERATOR OR REPRESENTATIVE OF THE OWNER OR OPERATOR
26 OF THE BUSINESS OR OTHER PERSON SHALL PERMIT ANY POLICE OFFICER
27 OR AUTHORIZED DEPARTMENT EMPLOYEE TO MAKE INVESTIGATIONS UNDER
28 THIS SUBSECTION.
29 (B) RECORDS.--EVERY SALVOR, MISCELLANEOUS MOTOR VEHICLE
30 BUSINESS, SALVAGE MOTOR VEHICLE AUCTION OR POOL OPERATOR, SCRAP
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1 METAL PROCESSOR, MOTOR VEHICLE PARTS BUSINESS, GARAGE, REPAIR
2 SHOP AND DEALER SHALL KEEP ACCURATE RECORDS OF THE PURCHASE,
3 ACQUISITION, SALE AND DISPOSITION OF MOTOR VEHICLES AND MOTOR
4 VEHICLE PARTS. THE RECORDS SHALL INCLUDE THE MAKE, YEAR AND TYPE
5 OF VEHICLE OR VEHICLE PART, FROM WHOM PURCHASED OR ACQUIRED,
6 SOLD TO OR DISPOSED OF, THE DATE, LOCATION AND PLACE PURCHASED,
7 ACQUIRED, SOLD OR DISPOSED OF, THE AMOUNT PAID OR OTHER TENDER
8 EXCHANGED FOR THE PURCHASE, ACQUISITION, SALE OR DISPOSITION,
9 AND THE VEHICLE IDENTIFICATION NUMBER OR OTHER SERIAL NUMBERS OR
10 MANUFACTURER'S IDENTIFICATION NUMBERS. THE RECORDS SHALL BE
11 AVAILABLE ON THE PREMISES OF THE SALVOR, MISCELLANEOUS MOTOR
12 VEHICLE BUSINESS, SALVAGE MOTOR VEHICLE AUCTION OR POOL
13 OPERATOR, SCRAP METAL PROCESSOR, MOTOR VEHICLE PARTS BUSINESS,
14 GARAGE, REPAIR SHOP AND DEALER AND OPEN TO INSPECTION BY ANY
15 POLICE OFFICER OR AUTHORIZED DEPARTMENT EMPLOYEE. THE RECORDS
16 SHALL BE MAINTAINED FOR THREE YEARS FROM THE DATE OF DISPOSITION
17 OF THE VEHICLE OR THE VEHICLE PARTS.
18 (C) SEIZURE.--IF INSPECTION UNDER SUBSECTION (A) REVEALS
19 STOLEN VEHICLES, STOLEN VEHICLE PARTS OR VEHICLE OR VEHICLE
20 PARTS WITH IDENTIFICATION NUMBERS, FEDERAL CERTIFICATION LABELS,
21 ANTITHEFT LABELS OR PARTS STICKERS REMOVED, ALTERED OR
22 FALSIFIED, ANY POLICE OFFICER OR AUTHORIZED DEPARTMENT EMPLOYEE
23 MAY SEIZE THOSE VEHICLES OR VEHICLE PARTS, RECORDS RELATING TO
24 THE SEIZED VEHICLES OR VEHICLE PARTS AND THE BUSINESS, INCLUDING
25 PROOF OF THE OWNERSHIP OR OPERATION OF THE BUSINESS, AS WELL AS
26 ANY INSTRUMENTALITIES USED TO FACILITATE CRIMINAL ACTIVITY.
27 (D) PENALTY.--ANY PERSON VIOLATING SUBSECTION (B) COMMITS A
28 MISDEMEANOR OF THE THIRD DEGREE.
29 (E) APPLICABILITY.--THE APPLICABILITY OF THIS SECTION SHALL
30 BE LIMITED TO CITIES OF THE FIRST CLASS.
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1 SECTION 57. SECTION 6322(A)(2) OF TITLE 75 IS AMENDED TO
2 READ:
3 § 6322. REPORTS BY ISSUING AUTHORITIES.
4 (A) GENERAL RULE.--SUBJECT TO ANY INCONSISTENT PROCEDURES
5 AND STANDARDS RELATING TO REPORTS AND TRANSMISSION OF FUNDS
6 PRESCRIBED PURSUANT TO TITLE 42 (RELATING TO JUDICIARY AND
7 JUDICIAL PROCEDURE):
8 * * *
9 (2) THE REPORT SHALL INCLUDE THE IDENTIFYING NUMBER OF
10 THE CITATION, THE NAME AND RESIDENCE ADDRESS OF THE PARTY
11 CHARGED, THE DRIVER'S LICENSE NUMBER, THE REGISTRATION NUMBER
12 OF THE VEHICLE INVOLVED, A DESCRIPTION OF THE OFFENSE, THE
13 SECTION AND SUBSECTION OF THE STATUTE OR ORDINANCE VIOLATED,
14 THE DATE OF [HEARING] CONVICTION, THE PLEA, THE JUDGMENT OR
15 WHETHER BAIL WAS FORFEITED, [CLEAR AND CONCISE REASONS
16 SUPPORTING THE ADJUDICATION,] THE SENTENCE OR AMOUNT OF
17 FORFEITURE AND SUCH OTHER INFORMATION AS THE DEPARTMENT MAY
18 REQUIRE.
19 * * *
20 SECTION 58. SECTION 6323 OF TITLE 75 IS AMENDED BY ADDING A
21 PARAGRAPH TO READ:
22 § 6323. REPORTS BY COURTS.
23 SUBJECT TO ANY INCONSISTENT PROCEDURES AND STANDARDS RELATING
24 TO REPORTS AND TRANSMISSION OF FUNDS PRESCRIBED PURSUANT TO
25 TITLE 42 (RELATING TO JUDICIARY AND JUDICIAL PROCEDURE):
26 * * *
27 (5) THE RECORD OF JUDGMENT REQUIRED TO BE SENT TO THE
28 DEPARTMENT BY PARAGRAPHS (1) AND (2) SHALL INDICATE IF THE
29 COURT ORDERED THE DEFENDANT TO A TERM OF PRISON.
30 SECTION 59. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
19970H0433B4169 - 121 -
1 § 6328. ADMISSIBILITY OF DEPARTMENT RECORDS.
2 THE DEPARTMENT MAY SEND TO ANY AUTHORIZED USER, BY ELECTRONIC
3 TRANSMISSION, ANY CERTIFICATION OF RECORD OR ABSTRACT OF RECORDS
4 MAINTAINED BY THE DEPARTMENT. PERMISSIBLE USES SHALL INCLUDE,
5 BUT NOT BE LIMITED TO, CERTIFICATIONS OF DRIVING RECORDS AND
6 MOTOR VEHICLE RECORDS. THE DEPARTMENT MAY ALSO CERTIFY
7 ELECTRONICALLY ANY DOCUMENTS CERTIFIED TO IT ELECTRONICALLY.
8 AUTHORIZED USERS INCLUDE STATE AND LOCAL POLICE, DISTRICT
9 ATTORNEYS, EMPLOYEES OF THE DEPARTMENT AND THE OFFICE OF
10 ATTORNEY GENERAL AND OTHER PERSONS OR ENTITIES AS DETERMINED BY
11 THE DEPARTMENT AND LISTED BY NOTICE IN THE PENNSYLVANIA
12 BULLETIN. IN ANY PROCEEDING BEFORE THE COURTS OR ADMINISTRATIVE
13 BODIES OF THIS COMMONWEALTH, DOCUMENTS CERTIFIED BY THE
14 DEPARTMENT UNDER THIS SECTION AND OFFERED INTO EVIDENCE BY AN
15 AUTHORIZED USER SHALL BE ADMISSIBLE INTO EVIDENCE.
16 SECTION 60. SECTION 6503 OF TITLE 75 IS AMENDED TO READ:
17 § 6503. SUBSEQUENT CONVICTIONS OF CERTAIN OFFENSES.
18 (A) GENERAL OFFENSES.--EVERY PERSON CONVICTED OF A SECOND OR
19 SUBSEQUENT VIOLATION OF ANY OF THE FOLLOWING PROVISIONS SHALL BE
20 SENTENCED TO PAY A FINE OF NOT LESS THAN $200 NOR MORE THAN
21 $1,000 OR TO IMPRISONMENT FOR NOT MORE THAN SIX MONTHS, OR BOTH:
22 [SECTION 1501(A) (RELATING TO DRIVERS REQUIRED TO BE
23 LICENSED).]
24 SECTION 1543 (RELATING TO DRIVING WHILE OPERATING
25 PRIVILEGE IS SUSPENDED OR REVOKED).
26 SECTION 3367 (RELATING TO RACING ON HIGHWAYS).
27 SECTION 3733 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE
28 POLICE OFFICER).
29 SECTION 3734 (RELATING TO DRIVING WITHOUT LIGHTS TO AVOID
30 IDENTIFICATION OR ARREST).
19970H0433B4169 - 122 -
1 SECTION 3748 (RELATING TO FALSE REPORTS).
2 (B) DRIVING WITHOUT A LICENSE.--EVERY PERSON CONVICTED OF A
3 SECOND OR SUBSEQUENT VIOLATION OF SECTION 1501(A) (RELATING TO
4 DRIVERS REQUIRED TO BE LICENSED) WITHIN SEVEN YEARS OF THE DATE
5 OF COMMISSION OF THE OFFENSE PRECEDING THE OFFENSE FOR WHICH
6 SENTENCE IS TO BE IMPOSED SHALL BE SENTENCED TO PAY A FINE OF
7 NOT LESS THAN $200 NOR MORE THAN $1,000 OR TO IMPRISONMENT FOR
8 NOT MORE THAN SIX MONTHS, OR BOTH.
9 SECTION 61. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
10 § 6503.1. HABITUAL OFFENDERS.
11 A HABITUAL OFFENDER UNDER SECTION 1542 (RELATING TO
12 REVOCATION OF HABITUAL OFFENDER'S LICENSE) WHO DRIVES A MOTOR
13 VEHICLE ON ANY HIGHWAY OR TRAFFICWAY OF THIS COMMONWEALTH WHILE
14 THE HABITUAL OFFENDER'S OPERATING PRIVILEGE IS SUSPENDED,
15 REVOKED OR CANCELED COMMITS A MISDEMEANOR OF THE SECOND DEGREE.
16 SECTION 62. SECTION 7122(1), (3), (4) AND (5) OF TITLE 75
17 ARE AMENDED TO READ:
18 § 7122. ALTERED, FORGED OR COUNTERFEIT DOCUMENTS AND PLATES.
19 A PERSON IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE IF
20 THE PERSON, WITH FRAUDULENT INTENT:
21 (1) ALTERS, FORGES OR COUNTERFEITS A CERTIFICATE OF
22 TITLE, REGISTRATION CARD OR PLATE, INSPECTION CERTIFICATE OR
23 PROOF OF [INSURANCE] FINANCIAL RESPONSIBILITY;
24 * * *
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] FINANCIAL RESPONSIBILITY OR ANY OTHER DOCUMENT
29 ISSUED BY THE DEPARTMENT, KNOWING IT TO HAVE BEEN ALTERED,
30 FORGED OR COUNTERFEITED;
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1 (4) OBTAINS OR ATTEMPTS TO OBTAIN A CERTIFICATE OF
2 INSPECTION WITHOUT VALID PROOF OF [INSURANCE] FINANCIAL
3 RESPONSIBILITY; OR
4 (5) PROVIDES A CERTIFICATE OF INSPECTION WHERE THERE IS
5 NO VALID PROOF OF [INSURANCE] FINANCIAL RESPONSIBILITY.
6 SECTION 63. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:
7 § 7304.1. REPORTS AND REMOVAL OF ABANDONED VEHICLES WITHIN THE
8 BOUNDARIES OF A CITY OF THE FIRST CLASS.
9 (A) GENERAL RULE.--ANY AND ALL VEHICLES REPORTED ABANDONED
10 TO THE POLICE DEPARTMENT AND/OR THE APPROPRIATE DESIGNATED
11 MUNICIPAL AGENCY OR DEPARTMENT THAT HANDLES THE ABANDONED
12 VEHICLE AND CARGO PROCESS SHALL BE INVESTIGATED WITHIN FIVE
13 BUSINESS DAYS TO DETERMINE IF THE REPORTED VEHICLE IS ABANDONED
14 AS DEFINED IN SECTION 102 (RELATING TO DEFINITIONS). UPON THE
15 COMPLETION OF THE INVESTIGATION, ANY AND ALL REPORTED VEHICLES
16 THAT SATISFY THE REQUIREMENTS OF THE DEFINITION OF "ABANDONED
17 VEHICLE" SHALL BE OFFICIALLY DECLARED ABANDONED AND REMOVED
18 WITHIN TEN BUSINESS DAYS BY THE POLICE DEPARTMENT OR BY AN
19 AUTHORIZED SALVOR PURSUANT TO POLICE OR MUNICIPALITY DIRECTIONS.
20 PROPER NOTIFICATION OF THE REMOVAL OF THE VEHICLE SHALL BE SENT
21 PURSUANT TO SECTION 7305 (RELATING TO NOTICE TO OWNER AND
22 LIENHOLDERS OF ABANDONED VEHICLES).
23 (B) CERTAIN VEHICLES.--ANY AND ALL VEHICLES FOUND TO BE
24 ABANDONED VEHICLES PURSUANT TO SUBSECTION (A) AND FOUND TO HAVE
25 A VEHICLE REGISTRATION AND AN INSPECTION STICKER BOTH OF WHICH
26 ARE EXPIRED FOR A PERIOD EXCEEDING 90 DAYS SHALL BE REMOVED
27 IMMEDIATELY BY THE POLICE DEPARTMENT OR BY AN AUTHORIZED SALVOR
28 PURSUANT TO POLICE OR MUNICIPALITY DIRECTIONS. PROPER
29 NOTIFICATION OF THE REMOVAL OF THE VEHICLE SHALL BE SENT
30 PURSUANT TO SECTION 7305.
19970H0433B4169 - 124 -
1 § 8914.1. SECURITY WALL PILOT PROJECT.
2 THE COMMISSION SHALL CONSTRUCT, MAINTAIN AND ASSESS THE LONG-
3 TERM EFFECTIVENESS OF A SECURITY WALL PILOT PROJECT FROM A POINT
4 AT OR NEAR MILEPOST 1.8 ON THE NORTHEAST EXTENSION OF THE
5 PENNSYLVANIA TURNPIKE TO A POINT AT OR NEAR MILEPOST 2.6. SUCH
6 PILOT PROJECT SHALL ENCOMPASS THE SOUTHBOUND LANES OF THE
7 NORTHEAST EXTENSION BETWEEN SAID MILEPOSTS. THE COMMISSION SHALL
8 COMMENCE THE DESIGN AND CONSTRUCTION OF THE SECURITY WALL PILOT
9 PROJECT AUTHORIZED BY THIS SECTION IMMEDIATELY UPON TRANSFER OF
10 FUNDS BY THE DEPARTMENT.
11 SECTION 64. SECTION 9003 OF TITLE 75 IS AMENDED BY ADDING A
12 SUBSECTION TO READ:
13 § 9003. LIQUID FUELS AND FUELS PERMITS; BOND OR DEPOSIT OF
14 SECURITIES.
15 * * *
16 (D.1) WAIVER OF SURETY BOND.--
17 (1) THE DEPARTMENT SHALL WAIVE THE BOND REQUIRED BY
18 SUBSECTION (D) WITH RESPECT TO RETAIL SALES OF KEROSENE SOLD
19 FOR PRIVATE HOUSEHOLD USE.
20 (2) THE DEPARTMENT MAY WAIVE THE BOND REQUIRED BY
21 SUBSECTION (D) WITH RESPECT TO A CLASS OF DISTRIBUTORS IF THE
22 DEPARTMENT FINDS THAT THE COST OF BONDING TO THAT CLASS IS
23 EXCESSIVE WHEN COMPARED TO THE RISK OF LOSS TO THE
24 COMMONWEALTH.
25 * * *
26 SECTION 65. SECTION 9017 OF TITLE 75 IS REENACTED AND
27 AMENDED TO READ:
28 § 9017. REFUNDS.
29 [(A) FEDERAL GOVERNMENT; ERRORS.--THE BOARD OF FINANCE AND
30 REVENUE MAY REFUND TO DISTRIBUTORS TAXES, PENALTIES AND INTEREST
19970H0433B4169 - 125 -
1 PAID BY THEM ON LIQUID FUELS AND FUELS DELIVERED TO THE FEDERAL
2 GOVERNMENT OR PAID AS THE RESULT OF AN ERROR OF LAW OR OF FACT.
3 CLAIMS FOR REFUNDS MUST BE MADE UNDER THE PROCEDURE PRESCRIBED
4 BY THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE
5 FISCAL CODE.]
6 (A) DEPARTMENT OF REVENUE.--EXCEPT AS PROVIDED IN SUBSECTION
7 (A.1), THE DEPARTMENT OF REVENUE MAY REFUND TAXES, PENALTIES,
8 INTEREST, FINES, ADDITIONS AND OTHER MONEY COLLECTED PURSUANT TO
9 THIS CHAPTER IN ACCORDANCE WITH SECTION 3003.1 OF THE ACT OF
10 MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF
11 1971.
12 (A.1) BOARD OF FINANCE AND REVENUE.--THE BOARD OF FINANCE
13 AND REVENUE MAY MAKE REIMBURSEMENTS AND REFUNDS OF TAX IMPOSED
14 AND COLLECTED UPON LIQUID FUELS OR FUELS AS PROVIDED UNDER
15 SUBSECTIONS (B), (C) OR (E). IN ADDITION, THE BOARD MAY REFUND
16 ON AN ANNUAL BASIS ANY TAX IMPOSED BY THIS CHAPTER AND COLLECTED
17 BY THE DEPARTMENT UPON LIQUID FUELS OR FUELS DELIVERED TO ANY
18 ENTITY EXEMPT FROM TAX UNDER SECTION 9004(E) (RELATING TO
19 IMPOSITION OF TAX, EXEMPTIONS AND DEDUCTIONS) WHICH HAS NOT BEEN
20 CLAIMED AS EXEMPT BY THE DISTRIBUTOR OR OTHERWISE REFUNDED. THE
21 BOARD MAY ADOPT REGULATIONS RELATING TO PROCEDURES FOR THE
22 ADMINISTRATION OF ITS DUTIES UNDER THIS SUBSECTION.
23 (B) FARM TRACTORS AND VOLUNTEER FIRE RESCUE AND AMBULANCE
24 SERVICES.--A PERSON SHALL BE REIMBURSED THE FULL AMOUNT OF THE
25 TAX IMPOSED BY THIS CHAPTER IF THE PERSON USES OR BUYS LIQUID
26 FUELS [AND] OR FUELS ON WHICH THE TAX IMPOSED BY THIS CHAPTER
27 HAS BEEN PAID AND CONSUMES THEM:
28 (1) IN THE OPERATION OF ANY NONLICENSED FARM TRACTOR OR
29 LICENSED FARM TRACTOR WHEN USED OFF THE HIGHWAYS FOR
30 AGRICULTURAL PURPOSES RELATING TO THE ACTUAL PRODUCTION OF
19970H0433B4169 - 126 -
1 FARM PRODUCTS; OR
2 (2) IN THE OPERATION OF A VEHICLE OF A VOLUNTEER FIRE
3 COMPANY, VOLUNTEER AMBULANCE SERVICE OR VOLUNTEER RESCUE
4 SQUAD.
5 (C) MOTORBOATS AND WATERCRAFT.--
6 (1) WHEN THE TAX IMPOSED BY THIS CHAPTER HAS BEEN PAID
7 AND THE FUEL ON WHICH THE TAX HAS BEEN IMPOSED HAS BEEN
8 CONSUMED IN THE OPERATION OF MOTORBOATS OR WATERCRAFT UPON
9 THE WATERS OF THIS COMMONWEALTH, INCLUDING WATERWAYS
10 BORDERING ON THIS COMMONWEALTH, THE FULL AMOUNT OF THE TAX
11 SHALL BE REFUNDED TO THE BOAT FUND ON PETITION TO THE BOARD
12 IN ACCORDANCE WITH PRESCRIBED PROCEDURES.
13 (2) IN ACCORDANCE WITH SUCH PROCEDURES, THE PENNSYLVANIA
14 FISH AND BOAT COMMISSION SHALL BIANNUALLY CALCULATE THE
15 AMOUNT OF LIQUID FUELS CONSUMED BY THE MOTORCRAFT AND FURNISH
16 THE INFORMATION RELATING TO ITS CALCULATIONS AND DATA AS
17 REQUIRED BY THE BOARD. THE BOARD SHALL REVIEW THE PETITION
18 AND MOTORBOAT FUEL CONSUMPTION CALCULATIONS OF THE
19 COMMISSION, DETERMINE THE AMOUNT OF LIQUID FUELS TAX PAID AND
20 CERTIFY TO THE STATE TREASURER TO REFUND ANNUALLY TO THE BOAT
21 FUND THE AMOUNT SO DETERMINED. THE DEPARTMENT SHALL BE
22 ACCORDED THE RIGHT TO APPEAR AT THE PROCEEDINGS AND MAKE ITS
23 VIEWS KNOWN.
24 (3) THIS MONEY SHALL BE USED BY THE COMMISSION ACTING BY
25 ITSELF OR BY AGREEMENT WITH OTHER FEDERAL AND STATE AGENCIES
26 ONLY FOR THE IMPROVEMENT OF THE WATERS OF THIS COMMONWEALTH
27 ON WHICH MOTORBOATS ARE PERMITTED TO OPERATE AND MAY BE USED
28 FOR THE DEVELOPMENT AND CONSTRUCTION OF MOTORBOAT AREAS; THE
29 DREDGING AND CLEARING OF WATER AREAS WHERE MOTORBOATS CAN BE
30 USED; THE PLACEMENT AND REPLACEMENT OF NAVIGATIONAL AIDS; THE
19970H0433B4169 - 127 -
1 PURCHASE, DEVELOPMENT AND MAINTENANCE OF PUBLIC ACCESS SITES
2 AND FACILITIES TO AND ON WATERS WHERE MOTORBOATING IS
3 PERMITTED; THE PATROLLING OF MOTORBOATING WATERS; THE
4 PUBLISHING OF NAUTICAL CHARTS IN THOSE AREAS OF THIS
5 COMMONWEALTH NOT COVERED BY NAUTICAL CHARTS PUBLISHED BY THE
6 UNITED STATES COAST AND GEODETIC SURVEY OR THE UNITED STATES
7 ARMY ENGINEERS AND THE ADMINISTRATIVE EXPENSES ARISING OUT OF
8 SUCH ACTIVITIES; AND OTHER SIMILAR PURPOSES.
9 (D) OFF-HIGHWAY RECREATIONAL VEHICLES.--
10 (1) WHEN THE TAX IMPOSED BY THIS CHAPTER HAS BEEN PAID
11 ON FUEL USED IN OFF-HIGHWAY RECREATIONAL VEHICLES WITHIN THIS
12 COMMONWEALTH, AN AMOUNT EQUAL TO THE REVENUE GENERATED BY THE
13 TAX, BUT NOT DERIVED THEREFROM, MAY BE APPROPRIATED THROUGH
14 THE GENERAL FUND TO THE DEPARTMENT OF CONSERVATION AND
15 NATURAL RESOURCES. IT IS THE INTENT OF THIS CHAPTER THAT ALL
16 PROCEEDS FROM THE TAX PAID ON FUEL USED IN OFF-HIGHWAY
17 RECREATIONAL VEHICLES WITHIN THIS COMMONWEALTH BE PAID
18 WITHOUT DIMINUTION OF THE MOTOR LICENSE FUND.
19 (2) THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
20 SHALL BIENNIALLY CALCULATE THE AMOUNT OF LIQUID FUEL CONSUMED
21 BY OFF-HIGHWAY RECREATIONAL VEHICLES AND FURNISH INFORMATION
22 RELATING TO ITS CALCULATIONS AND DATA AS MAY BE REQUIRED BY
23 THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
24 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
25 (3) THE GENERAL ASSEMBLY SHALL REVIEW THE FUEL
26 CONSUMPTION CALCULATIONS OF THE DEPARTMENT OF CONSERVATION
27 AND NATURAL RESOURCES TO DETERMINE THE AMOUNT OF LIQUID FUELS
28 TAX PAID ON LIQUID FUELS CONSUMED IN THE PROPULSION OF OFF-
29 HIGHWAY RECREATIONAL VEHICLES IN THIS COMMONWEALTH AND MAY
30 ANNUALLY APPROPRIATE TO THE DEPARTMENT OF CONSERVATION AND
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1 NATURAL RESOURCES THE AMOUNT SO DETERMINED.
2 (4) MONEY APPROPRIATED UNDER PARAGRAPH (3) SHALL BE USED
3 FOR THE BENEFIT OF MOTORIZED AND NONMOTORIZED RECREATIONAL
4 TRAILS BY THE DEPARTMENT OF CONSERVATION AND NATURAL
5 RESOURCES AS PROVIDED IN THE INTERMODAL SURFACE
6 TRANSPORTATION EFFICIENCY ACT OF 1991 (PUBLIC LAW 102-240,
7 105 STAT. 1914).
8 (E) AIRCRAFT.--A PERSON SHALL BE REIMBURSED IN THE AMOUNT OF
9 THE EXCESS IF A PERSON USES LIQUID FUEL ON WHICH A TAX IMPOSED
10 BY THIS CHAPTER IN EXCESS OF 1 1/2¢ PER GALLON HAS BEEN PAID IN:
11 (1) A PROPELLER-DRIVEN AIRCRAFT OR AIRCRAFT ENGINES; OR
12 (2) A JET OR TURBOJET-PROPELLED AIRCRAFT OR AIRCRAFT
13 ENGINES.
14 (E.1) TRUCK REFRIGERATION UNITS.--
15 (1) DURING THE TRANSITION TO THE USE OF DYED DIESEL FUEL
16 IN TRUCK REFRIGERATION UNITS, A PROGRAM SHALL BE IMPLEMENTED
17 TO PROVIDE REIMBURSEMENT FOR TAX PAID ON UNDYED DIESEL FUEL
18 USED IN TRUCK REFRIGERATION UNITS.
19 (2) DURING THE TRANSITION, A PERSON SHALL BE REIMBURSED
20 THE AMOUNT OF TAX PAID PURSUANT TO SECTION 9004 ON ANY
21 PURCHASE OF UNDYED DIESEL FUEL WHICH IS NOT MORE THAN 100
22 GALLONS PER PURCHASE AND IS DELIVERED INTO A FUEL TANK WHICH
23 IS DESIGNED TO SUPPLY ONLY AN INTERNAL COMBUSTION ENGINE
24 MOUNTED ON A REGISTERED VEHICLE USED EXCLUSIVELY FOR TRUCK
25 REFRIGERATION.
26 (3) FOR THE PERIOD OF OCTOBER 1, 1997, THROUGH SEPTEMBER
27 30, 1998, CLAIMS FOR REIMBURSEMENT OF TAXES PAID SHALL BE
28 FILED BY MARCH 1, 1999, WITH THE DEPARTMENT OF REVENUE. FOR
29 THE PERIOD OF OCTOBER 1, 1998, THROUGH SEPTEMBER 30, 1999,
30 CLAIMS FOR REIMBURSEMENT UNDER THIS SUBSECTION SHALL BE FILED
19970H0433B4169 - 129 -
1 BY OCTOBER 31, 1999, WITH THE DEPARTMENT. FOR THE PERIOD FROM
2 OCTOBER 1, 1999, THROUGH SEPTEMBER 30, 2000, INCLUSIVE,
3 CLAIMS FOR REIMBURSEMENT UNDER THIS SUBSECTION SHALL BE FILED
4 WITH THE DEPARTMENT BY OCTOBER 31, 2000.
5 (4) THE DEPARTMENT MAY REQUIRE A CLAIMANT TO SATISFY ANY
6 SALES OR USE TAX LIABILITY ON THE UNDYED DIESEL FUEL FOR
7 WHICH THE REIMBURSEMENT IS CLAIMED.
8 (5) A CLAIM FOR REIMBURSEMENT MUST BE SUPPORTED BY SALES
9 RECEIPTS WITH THE WORD "REEFER" NOTED ON THE CLAIM AND THE
10 DATE OF PURCHASE, SELLER'S NAME AND ADDRESS, NUMBER OF
11 GALLONS PURCHASED, FUEL TYPE, PRICE PER GALLON OR TOTAL
12 AMOUNT OF SALE, UNIT NUMBERS AND THE PURCHASER'S NAME. THE
13 DEPARTMENT MAY SPECIFY OTHER DOCUMENTATION WHICH IT WILL
14 ACCEPT IN LIEU OF SALES RECEIPTS. IN THE CASE OF WITHDRAWALS
15 FROM CLAIMANT-OWNED TAX-PAID BULK STORAGE, THE CLAIM MUST BE
16 SUPPORTED BY DETAILED RECORDS OF THE DATE OF WITHDRAWAL,
17 NUMBER OF GALLONS, FUEL TYPE, UNIT NUMBER AND PURCHASE AND
18 INVENTORY RECORDS TO SUBSTANTIATE THAT THE TAX WAS PAID ON
19 ALL BULK PURCHASES. NOTWITHSTANDING THE PROVISIONS OF SECTION
20 9009 (RELATING TO RETENTION OF RECORDS BY DISTRIBUTORS AND
21 DEALERS), ALL REQUIRED DOCUMENTATION SHALL BE RETAINED FOR A
22 PERIOD OF THREE YEARS FOLLOWING THE FILING DATE OF THE CLAIM
23 FOR REIMBURSEMENT UNDER THIS SUBSECTION. IF THE CLAIMANT
24 FAILS TO RETAIN DOCUMENTATION AS REQUIRED BY THIS PARAGRAPH,
25 THE DEPARTMENT MAY DENY THE REIMBURSEMENT OR ISSUE AN
26 ASSESSMENT FOR ANY REFUND GRANTED PLUS INTEREST UNDER SECTION
27 9007 (RELATING TO DETERMINATION AND REDETERMINATION OF TAX,
28 PENALTIES AND INTEREST DUE).
29 (6) FOR PURPOSES OF THIS SUBSECTION, THE TERM
30 "TRANSITION" MEANS THE PERIOD OF TIME BETWEEN OCTOBER 1,
19970H0433B4169 - 130 -
1 1997, THROUGH SEPTEMBER 30, 2000.
2 (F) CLAIMS, FORMS, CONTENTS, PENALTIES.--A CLAIM FOR
3 REIMBURSEMENT OR REFUND UNDER SUBSECTION (B), (C) OR (E) SHALL
4 BE MADE UPON A FORM TO BE FURNISHED BY THE BOARD AND MUST
5 INCLUDE, IN ADDITION TO SUCH OTHER INFORMATION AS THE BOARD MAY
6 BY REGULATION PRESCRIBE, THE NAME AND ADDRESS OF THE CLAIMANT;
7 THE PERIOD OF TIME AND THE NUMBER OF GALLONS OF LIQUID FUELS
8 USED FOR WHICH REIMBURSEMENT IS CLAIMED; A DESCRIPTION OF THE
9 FARM MACHINERY, AIRCRAFT OR AIRCRAFT ENGINE IN WHICH LIQUID
10 FUELS HAVE BEEN USED; THE PURPOSES FOR WHICH THE MACHINERY,
11 AIRCRAFT OR AIRCRAFT ENGINE HAS BEEN USED; AND THE SIZE OF THE
12 FARM AND PART IN CULTIVATION ON WHICH SUCH LIQUID FUELS HAVE
13 BEEN USED. A CLAIM MUST CONTAIN STATEMENTS THAT THE LIQUID FUELS
14 FOR WHICH REIMBURSEMENT IS CLAIMED HAVE BEEN USED ONLY FOR
15 PURPOSES FOR WHICH REIMBURSEMENTS ARE PERMITTED; THAT RECORDS OF
16 THE AMOUNTS OF SUCH FUELS USED IN EACH PIECE OF FARM MACHINERY,
17 AIRCRAFT OR AIRCRAFT ENGINE HAVE BEEN KEPT; AND THAT NO PART OF
18 THE CLAIM HAS BEEN PAID EXCEPT AS STATED. A CLAIM MUST CONTAIN A
19 DECLARATION THAT IT AND ACCOMPANYING RECEIPTS ARE TRUE AND
20 CORRECT TO THE BEST OF THE CLAIMANT'S KNOWLEDGE AND MUST BE
21 SIGNED BY THE CLAIMANT OR THE PERSON CLAIMING ON THE CLAIMANT'S
22 BEHALF. A CLAIM MUST BE ACCOMPANIED BY RECEIPTS INDICATING THAT
23 THE LIQUID FUELS TAX WAS PAID ON THE LIQUID FUELS OR THAT THE
24 EXCESS LIQUID FUELS TAX WAS PAID ON THE LIQUID FUELS FOR WHICH
25 REIMBURSEMENT IS CLAIMED. RECORDS OF PURCHASES OF LIQUID FUELS
26 AND USE IN EACH TRACTOR OR POWERED MACHINERY, AIRCRAFT OR
27 AIRCRAFT ENGINE SHALL BE KEPT FOR A PERIOD OF TWO YEARS. A CLAIM
28 MUST BE MADE ANNUALLY FOR THE PRECEDING YEAR ENDING ON JUNE 30.
29 A CLAIM MUST BE SUBMITTED TO THE BOARD BY SEPTEMBER 30. THE
30 BOARD SHALL REFUSE TO CONSIDER ANY CLAIM RECEIVED OR POSTMARKED
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1 LATER THAN THAT DATE. THE CLAIMANT MUST SATISFY THE BOARD THAT
2 THE TAX HAS BEEN PAID AND THAT THE LIQUID FUELS HAVE BEEN
3 CONSUMED BY THE CLAIMANT FOR PURPOSES FOR WHICH REIMBURSEMENTS
4 ARE PERMITTED UNDER THIS SECTION. THE ACTION OF THE BOARD IN
5 GRANTING OR REFUSING REIMBURSEMENT SHALL BE FINAL. THE BOARD
6 SHALL DEDUCT THE SUM OF $1.50, WHICH SHALL BE CONSIDERED A
7 FILING FEE, FROM EVERY CLAIM FOR REIMBURSEMENT GRANTED. FILING
8 FEES ARE SPECIFICALLY APPROPRIATED TO THE BOARD AND TO THE
9 DEPARTMENT FOR EXPENSES INCURRED IN THE ADMINISTRATION OF THE
10 REIMBURSEMENT PROVISIONS OF THIS CHAPTER. THE BOARD HAS THE
11 POWER TO REFER TO THE DEPARTMENT FOR INVESTIGATION ANY CLAIM FOR
12 REIMBURSEMENT FILED UNDER THE PROVISIONS OF THIS CHAPTER. THE
13 DEPARTMENT SHALL INVESTIGATE THE APPLICATION AND REPORT TO THE
14 BOARD. A PERSON MAKING ANY FALSE OR FRAUDULENT STATEMENT FOR THE
15 PURPOSE OF OBTAINING REIMBURSEMENT COMMITS A MISDEMEANOR OF THE
16 THIRD DEGREE.
17 (G) FUND SOURCES.--REFUNDS AND REIMBURSEMENTS OF MONEY
18 ALLOWED UNDER THIS SECTION SHALL BE PAID FROM THE MOTOR LICENSE
19 FUND AND THE LIQUID FUELS TAX FUND IN AMOUNTS EQUAL TO THE
20 ORIGINAL DISTRIBUTION AND PAYMENT OF SUCH MONEY INTO THOSE
21 FUNDS. REIMBURSEMENT FOR TAXES PAID ON LIQUID FUELS CONSUMED IN
22 THE OPERATION OF TRACTORS AND POWERED MACHINERY FOR PURPOSES
23 RELATING TO THE ACTUAL PRODUCTION OF FARM PRODUCTS AND
24 REIMBURSEMENT FOR TAXES PAID ON LIQUID FUELS USED IN AIRCRAFT OR
25 AIRCRAFT ENGINES SHALL BE PAID OUT OF THE MOTOR LICENSE FUND.
26 (H) APPROPRIATIONS; APPROVAL BY GOVERNOR.--AS MUCH OF THE
27 MONEY IN THE MOTOR LICENSE FUND AND THE LIQUID FUELS TAX FUND AS
28 MAY BE NECESSARY IS APPROPRIATED TO THE BOARD FOR THE PURPOSE OF
29 MAKING REFUNDS AND REIMBURSEMENTS AS AUTHORIZED IN THIS SECTION.
30 ESTIMATES OF THE AMOUNTS TO BE EXPENDED FROM THESE FUNDS FOR
19970H0433B4169 - 132 -
1 REFUNDS AND REIMBURSEMENTS BY THE BOARD MUST BE SUBMITTED TO THE
2 GOVERNOR FOR APPROVAL OR DISAPPROVAL AS IN THE CASE OF OTHER
3 APPROPRIATIONS TO ADMINISTRATIVE DEPARTMENTS, BOARDS AND
4 COMMISSIONS. IT IS UNLAWFUL TO HONOR ANY REQUISITION OF THE
5 BOARD FOR THE EXPENDITURE OF MONEY UNDER THIS SECTION IN EXCESS
6 OF THE ESTIMATES APPROVED BY THE GOVERNOR.
7 SECTION 66. SECTIONS 9018(A)(1)(III), 9207(B) AND 9805 OF
8 TITLE 75 ARE AMENDED TO READ:
9 § 9018. VIOLATIONS.
10 (A) FAILURE TO REPORT AND PAY; EXAMINATIONS; UNLAWFUL
11 ACTS.--
12 (1) A PERSON COMMITS A MISDEMEANOR OF THE THIRD DEGREE
13 IF THE PERSON DOES ANY OF THE FOLLOWING:
14 * * *
15 (III) MAKES ANY INCOMPLETE, FALSE OR FRAUDULENT
16 REPORT OR CLAIM.
17 * * *
18 § 9207. RESTORATION OF HIGHWAYS.
19 * * *
20 (B) FUNDING.--ALL RESTORATION WORK SHALL BE PAID FROM THE
21 STATE HIGHWAY TRANSFER RESTORATION RESTRICTED ACCOUNT WITHIN THE
22 MOTOR LICENSE FUND, PROVIDED, HOWEVER, THAT THE DEPARTMENT MAY,
23 IN ITS DISCRETION, PAY FOR ANY OR ALL SUCH WORK TO BE PERFORMED
24 BY THE DEPARTMENT OR ITS CONTRACTORS FROM FUNDS MADE AVAILABLE
25 TO THE COUNTY MAINTENANCE DISTRICTS UNDER SECTION 9102 (RELATING
26 TO DISTRIBUTION OF STATE HIGHWAY MAINTENANCE FUNDS). NO FUNDS
27 SHALL BE ALLOCATED TO MUNICIPALITIES FOR THE MAINTENANCE OF
28 HIGHWAYS TRANSFERRED UNDER THIS CHAPTER OUT OF SECTION 4 OF THE
29 ACT OF JUNE 1, 1956 (1955 P.L.1944, NO.655), REFERRED TO AS THE
30 LIQUID FUELS TAX MUNICIPAL ALLOCATION LAW, NOR SHALL HIGHWAYS
19970H0433B4169 - 133 -
1 TRANSFERRED UNDER THE PROVISIONS OF THIS CHAPTER BE USED TO
2 COMPUTE OR DETERMINE THE ALLOCATIONS OF MUNICIPALITIES UNDER
3 THAT SECTION.
4 * * *
5 § 9805. [CREDIT OR REFUND FOR ADDITIONAL] BUS COMPANY
6 REIMBURSEMENT FOR MOTOR FUEL TAX [PAYMENT].
7 EVERY BUS COMPANY SHALL BE [ENTITLED TO A CREDIT OR REFUND]
8 REIMBURSED IN AN AMOUNT DETERMINED BY THE DEPARTMENT TO BE
9 EQUIVALENT TO THE ADDITIONAL TAX [OF 6¢ PER GALLON] IMPOSED BY
10 SECTION [9603(A)] 9502(A)(4) (RELATING TO IMPOSITION OF TAX) AND
11 PAID DIRECTLY OR INDIRECTLY BY THE BUS COMPANY ON [ALL GASOLINE
12 OR OTHER MOTOR] FUEL CONSUMED BY THE BUS COMPANY IN ITS
13 OPERATIONS OF MOTORBUSES WITHIN THIS COMMONWEALTH. THE BUS
14 COMPANY [SHALL] MUST, UNDER REGULATIONS OF THE DEPARTMENT,
15 SUBMIT AN APPLICATION FOR [CREDIT OR REFUND OF ADDITIONAL TAX]
16 REIMBURSEMENT TO THE DEPARTMENT ON OR BEFORE THE LAST DAY OF THE
17 MONTH IMMEDIATELY FOLLOWING THE CLOSE OF EACH QUARTER. [FOR
18 PURPOSES OF] THE REIMBURSEMENTS AUTHORIZED BY THIS SECTION SHALL
19 NOT INCLUDE NOR BE SUBJECT TO THE PAYMENT OF INTEREST [ON
20 REFUNDS UNDER SECTION 806.1 OF THE ACT OF APRIL 9, 1929
21 (P.L.343, NO.176), KNOWN AS THE FISCAL CODE, THE AMOUNT OF THE
22 REFUND SHALL BE CONSIDERED AN OVERPAYMENT OF TAX MADE WITH THE
23 REPORT ON WHICH CREDIT IS CLAIMED] BY THE COMMONWEALTH.
24 SECTION 67. TITLE 75 IS AMENDED BY ADDING A CHAPTER TO READ:
25 CHAPTER 99
26 TAX TREATMENT OF CERTAIN ORGANIZATIONS
27 SEC.
28 9901. CORPORATE TAX TREATMENT OF CERTAIN CORPORATIONS.
29 § 9901. CORPORATE TAX TREATMENT OF CERTAIN CORPORATIONS.
30 (A) CORPORATE NET INCOME TAX.--THE TERM "TAXABLE INCOME" AS
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1 USED IN ARTICLE IV OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2),
2 KNOWN AS THE TAX REFORM CODE OF 1971, SHALL NOT INCLUDE THE
3 FEDERAL TAXABLE INCOME OF AN AUTOMOBILE CLUB DERIVED FROM
4 AUTOMOBILE CLUB ACTIVITIES.
5 (B) CAPITAL STOCK FRANCHISE TAX.--THE TERM "CAPITAL STOCK
6 VALUE" AS USED IN ARTICLE VI OF THE TAX REFORM CODE OF 1971
7 SHALL NOT INCLUDE THE CAPITAL STOCK VALUE OF AN AUTOMOBILE CLUB
8 ATTRIBUTED TO AUTOMOBILE CLUB ACTIVITIES.
9 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
10 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
11 SUBSECTION:
12 "AUTOMOBILE CLUB." A NONPROFIT CORPORATION, TRUST OR OTHER
13 ENTITY WHOSE MEMBERSHIP IS OPEN TO THE GENERAL PUBLIC THAT
14 CONDUCTS ALL OF THE ACTIVITIES AND SERVICES LISTED IN PARAGRAPH
15 (2).
16 "AUTOMOBILE CLUB ACTIVITIES." THE FOLLOWING ACTIVITIES AND
17 SERVICES CONDUCTED BY AN AUTOMOBILE CLUB:
18 (1) PROMOTING THE DEVELOPMENT AND PROVISION OF SAFE AND
19 CONVENIENT MOTOR VEHICLE TRAVEL CONDITIONS, SERVICES AND
20 FACILITIES.
21 (2) PROMOTING THE CONSTRUCTION, MAINTENANCE AND USE OF
22 EFFICIENT, ADEQUATE AND SAFE HIGHWAY SYSTEMS.
23 (3) INFORMING AND EDUCATING MOTORISTS AND THE TRAVELING
24 PUBLIC IN THE PRINCIPLES OF TRAFFIC AND MOTOR VEHICLE SAFETY
25 AND RELATED MATTERS.
26 (4) PROVIDING MOTOR VEHICLE REGISTRATION, TITLE TRANSFER
27 AND LICENSE APPLICATION AND RENEWAL SERVICES TO ITS MEMBERS.
28 (5) PROVIDING MOTOR VEHICLE TRAVEL ASSISTANCE, INCLUDING
29 ROAD MAPS, TRIP ITINERARIES, TOUR GUIDES AND EMERGENCY
30 ROADSIDE ASSISTANCE TO ITS MEMBERS.
19970H0433B4169 - 135 -
1 SECTION 68. (A) THE SUM OF $2,000,000 IS HEREBY
2 APPROPRIATED TO THE DEPARTMENT OF TRANSPORTATION FROM THE MOTOR
3 LICENSE FUND FOR THE FISCAL YEAR JULY 1, 1998, TO JUNE 30, 1999,
4 FOR SECURITY WALL PILOT PROJECTS. THIS APPROPRIATION IS IN
5 ADDITION TO THE SUM APPROPRIATED FOR SECURITY WALL PILOT
6 PROJECTS IN SECTION 801 OF THE ACT OF APRIL 22, 1998 (P.L. ,
7 NO.6A), KNOWN AS THE GENERAL APPROPRIATION ACT OF 1998.
8 (B) THE DEPARTMENT OF TRANSPORTATION SHALL TRANSFER THE SUM
9 OF $2,000,000 OF THE AMOUNT APPROPRIATED FOR SECURITY WALL PILOT
10 PROJECTS IN SECTION 801 OF THE ACT OF APRIL 22, 1998 (P.L. ,
11 NO.6A), KNOWN AS THE GENERAL APPROPRIATION ACT OF 1998, TO THE
12 PENNSYLVANIA TURNPIKE COMMISSION TO FINANCE THE SECURITY WALL
13 PILOT PROJECT AUTHORIZED UNDER 75 PA.C.S. § 8914.1. THE TRANSFER
14 SHALL BE MADE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS
15 SECTION.
16 SECTION 69. ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR
17 AS THEY ARE INCONSISTENT WITH THE ADDITION OF 75 PA.C.S. §
18 1111(B.1).
19 SECTION 70. THIS ACT SHALL APPLY AS FOLLOWS:
20 (1) THE ADDITION OF 75 PA.C.S. § 1111(B.1) SHALL APPLY
21 RETROACTIVELY TO JUNE 1, 1998.
22 (2) EXCEPT AS PROVIDED IN PARAGRAPH (3), THE REENACTMENT
23 AND AMENDMENT OF 75 PA.C.S. § 9017 SHALL APPLY RETROACTIVELY
24 TO JANUARY 1, 1997.
25 (3) THE ADDITION OF 75 PA.C.S. § 9017(E.1) SHALL APPLY
26 RETROACTIVELY TO OCTOBER 1, 1997.
27 (4) THE AMENDMENT OF 75 PA.C.S. § 9805 SHALL APPLY TO
28 TAX ON FUEL CONSUMED IN OPERATIONS OF MOTORBUSES ON THE
29 HIGHWAYS OF THIS COMMONWEALTH AFTER DECEMBER 31, 1998.
30 (5) THE ADDITION OF 75 PA.C.S. § 9901 SHALL APPLY TO
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1 TAXABLE YEARS BEGINNING AFTER DECEMBER 31, 1997.
2 SECTION 71. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
3 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
4 IMMEDIATELY:
5 (I) THE AMENDMENT OR ADDITION OF 75 PA.C.S. §§ 102,
6 1119(C)(2)(II) AND (III), 1334(A)(4), 1516(B) AND (C),
7 1517(B), 1532(B)(3), 1543(B), 1547(C)(2), 1572(B), 1584,
8 1586, 1902(5), 1946, 1949, 1955(A), 3752(A), 4107(E),
9 4306(C), 4552(B.2) AND (B.3), 4702(B)(5), 4703(E) <--
10 4703(F), 4731, 4970(B) AND (B.1), 4975, 6110(A)(2), <--
11 6125(D), 6328, 7122(1), (3), (4) AND (5), 8914.1, 9017,
12 9207(A) AND 9901.
13 (II) SECTION 64 OF THIS ACT.
14 (III) SECTION 66 OF THIS ACT.
15 (IV) THIS SECTION.
16 (2) THE AMENDMENT OF 75 PA.C.S. § 9805 SHALL TAKE EFFECT
17 JANUARY 1, 1999.
18 (3) THE AMENDMENT OR ADDITION OF 75 PA.C.S. §§ 1331(F),
19 1535(A), 1537(A), 1551, 1554(F)(4), 1901(C)(16) AND (23),
20 1934 AND 4702(B)(2) SHALL TAKE EFFECT JULY 1, 1999.
21 (4) THE ADDITION OF 75 PA.C.S. §§ 1361 AND 1926.3 SHALL
22 TAKE EFFECT OCTOBER 1, 1999.
23 (5) THE AMENDMENT OR ADDITION OF 75 PA.C.S. §§ 1514(A),
24 1541(A.1) AND 1554(A) SHALL TAKE EFFECT IN ONE YEAR.
25 (6) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
26 DAYS.
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