PRIOR PRINTER'S NO. 583                       PRINTER'S NO. 1986

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 556 Session of 1981


        INTRODUCED BY PETERSON, WASS, BOWSER, LEVI, PETRARCA, NOYE,
           BOYES, SWIFT, MERRY, KOLTER, DOMBROWSKI, DAVIES, KLINGAMAN,
           CESSAR, WENGER, RASCO, PHILLIPS, McVERRY, GEIST, WILT,
           STAIRS, POTT, GEORGE, CIMINI, GRIECO, SIRIANNI, SIEMINSKI,
           HEISER, DORR AND E. Z. TAYLOR, FEBRUARY 10, 1981

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 23, 1981

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing FOR EXCEPTIONS TO VEHICLE          <--
     3     REGISTRATION AND INSPECTION REQUIREMENTS, FOR ASSIGNING
     4     POINTS, FOR THE USE OF SIGNALS ON SCHOOL BUSES, FOR GENERAL
     5     REQUIREMENTS FOR OTHER VEHICLES TRANSPORTING SCHOOL CHILDREN,
     6     FOR WEIGHING AND MEASURING OF VEHICLES, FOR CITATIONS SENT BY
     7     MAIL AND for the replacement of certain documents lost in the
     8     mail, AND EXEMPTING FROM ANY FEE THE TRANSFER OF TITLE TO A    <--
     9     SURVIVING SPOUSE.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 1902 of Title 75, act of November 25,      <--
    13  1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
    14  Statutes, is amended to read:
    15     SECTION 1.  SUBSECTION (A) OF SECTION 1302 OF TITLE 75, ACT    <--
    16  OF NOVEMBER 25, 1970 (P.L.707, NO.230), KNOWN AS THE
    17  PENNSYLVANIA CONSOLIDATED STATUTES, IS AMENDED BY ADDING A
    18  PARAGRAPH TO READ:
    19  § 1302.  VEHICLES EXEMPT FROM REGISTRATION.


     1     (A)  GENERAL RULE.--THE FOLLOWING TYPES OF VEHICLES ARE
     2  EXEMPT FROM REGISTRATION:
     3         * * *
     4         (12)  ANY MILITARY VEHICLE USED FOR TRAINING BY A PRIVATE
     5     NONPROFIT, TAX EXEMPT MILITARY EDUCATIONAL INSTITUTION WHEN
     6     SUCH VEHICLE DOES NOT TRAVEL ON PUBLIC ROADS IN EXCESS OF ONE
     7     MILE AND THE PROPERTY ON BOTH SIDES OF THE PUBLIC ROAD IS
     8     OWNED BY THE INSTITUTION.
     9     SECTION 2.  SECTION 1535 OF TITLE 75 IS AMENDED BY ADDING A
    10  SUBSECTION TO READ:
    11  § 1535.  SCHEDULE OF CONVICTIONS AND POINTS.
    12     * * *
    13     (A.1)  PROOF OF RECEIPT OF CITATION.--NO POINTS SHALL BE
    14  ASSIGNED FOR AN OFFENSE AS TO WHICH THE VIOLATOR WAS SENT A
    15  CITATION BY MAIL UNLESS THE MUNICIPALITY ISSUING THE CITATION
    16  SENDS THE AGENCY ASSIGNING POINTS A COPY OF THE RECEIPT OF
    17  CERTIFIED MAIL SENT TO AND SIGNED BY THE VIOLATOR.
    18     * * *
    19     SECTION 3.  SECTION 1902 OF TITLE 75 IS AMENDED TO READ:
    20  § 1902.  Exemptions from other fees.
    21     No fee shall be charged under this title for or to any of the
    22  following:
    23         (1)  A certificate of title returned to the department
    24     for cancellation.
    25         (2)  The replacement of a registration card or plate,
    26     driver's license, learner's permit or certificate of title
    27     lost in the mail if the applicant files an affidavit of
    28     nonreceipt within [45] 90 days of the date of original
    29     issuance.
    30         (3)  A certificate of junk.
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     1         (4)  A certificate of rejection.
     2         (5)  A special hauling permit issued to any person
     3     hauling equipment or materials for use on a Federal or State
     4     emergency relief project.
     5         (6)  A manufacturer, jobber or dealer for a certificate
     6     of title to a motor vehicle, trailer or semitrailer when
     7     assignment of certificate of title accompanies the
     8     application for certificate of title, and when the dealer,
     9     manufacturer or jobber is possessed of current
    10     manufacturer's, dealer's or jobber's registration plates.
    11         (7)  THE TRANSFER OF TITLE TO A SURVIVING SPOUSE PURSUANT  <--
    12     TO SECTION 1114 (RELATING TO TRANSFER OF VEHICLE BY OPERATION
    13     OF LAW).
    14     SECTION 4.  SUBSECTIONS (D) AND (E) OF SECTION 3345 AND
    15  SECTION 4553 OF TITLE 75 ARE AMENDED TO READ:
    16  § 3345.  MEETING OR OVERTAKING SCHOOL BUS.
    17     * * *
    18     (D)  USE OF AMBER SIGNALS.--THE AMBER VISUAL SIGNALS SHALL BE
    19  ACTUATED BY THE DRIVER OF EVERY SCHOOL BUS NOT MORE THAN 300
    20  FEET NOR LESS THAN 150 FEET PRIOR TO MAKING A STOP FOR THE
    21  PURPOSE OF RECEIVING OR DISCHARGING SCHOOL CHILDREN AND SHALL
    22  REMAIN IN OPERATION UNTIL THE RED VISUAL SIGNALS ARE ACTUATED.
    23  [AMBER] EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SUBSECTION
    24  (E), AMBER SIGNALS SHALL NOT BE USED UNLESS THE RED VISUAL
    25  SIGNALS ARE TO BE ACTUATED IMMEDIATELY FOLLOWING.
    26     (E)  LIMITATIONS ON USE OF SIGNALS.--
    27         (1)  THE VISUAL SIGNALS REQUIRED IN THE REGULATIONS SHALL
    28     NOT BE ACTUATED [ON]:
    29             (I)  ON STREETS IN URBAN DISTRICTS DESIGNATED BY THE
    30         DEPARTMENT OR LOCAL AUTHORITIES[, AT].
    19810H0556B1986                  - 3 -

     1             (II)  AT INTERSECTIONS OR OTHER PLACES WHERE TRAFFIC
     2         IS CONTROLLED BY UNIFORMED POLICE OFFICERS OR
     3         APPROPRIATELY ATTIRED OR EQUIPPED PERSONS AUTHORIZED TO
     4         DIRECT, CONTROL OR REGULATE TRAFFIC[, OR].
     5         (2)  THE AMBER VISUAL SIGNALS, BUT NOT THE RED VISUAL
     6     SIGNALS, SHALL BE ACTUATED IN SCHOOL BUS LOADING [AREAS
     7     DESIGNATED BY THE DEPARTMENT OR LOCAL AUTHORITIES WHEN THE
     8     BUS IS ENTIRELY OFF THE ROADWAY] ZONES LOCATED:
     9             (I)  SO THAT THE SCHOOL BUS IS ENTIRELY OFF THE
    10         ROADWAY OR SHOULDER; OR
    11             (II)  ADJACENT TO A SCHOOL AND OFF THE ROADWAY.
    12     * * *
    13  § 4553.  GENERAL REQUIREMENTS FOR OTHER VEHICLES TRANSPORTING
    14           SCHOOL CHILDREN.
    15     (A)  BUSES OPERATED BY URBAN MASS TRANSPORTATION SYSTEMS.--
    16  BUSES, OTHER THAN SCHOOL BUSES, OPERATED BY URBAN MASS
    17  TRANSPORTATION SYSTEMS FOR THE EXCLUSIVE TRANSPORTATION OF
    18  SCHOOL CHILDREN SHALL COMPLY WITH FEDERAL SAFETY STANDARDS AND
    19  SUCH OTHER SAFETY REGULATIONS AS THE PENNSYLVANIA PUBLIC UTILITY
    20  COMMISSION AND THE DEPARTMENT SHALL PROVIDE FOR SUCH BUSES.
    21     (B)  OTHER VEHICLES.--A MOTOR VEHICLE USED TO TRANSPORT
    22  CHILDREN TO OR FROM SCHOOL OR IN CONNECTION WITH SCHOOL
    23  ACTIVITIES, WHICH IS NOT A SCHOOL BUS BECAUSE OF ITS LIMITED
    24  SEATING CAPACITY, SHALL COMPLY WITH REGULATIONS ESTABLISHED BY
    25  THE DEPARTMENT FOR SUCH VEHICLES. [UNLESS] THESE REGULATIONS
    26  SHALL PERMIT SUCH VEHICLES TO DISPLAY FLASHING RED AND AMBER
    27  LIGHTS BUT, UNLESS REQUIRED BY FEDERAL LAW OR REGULATION, THE
    28  REGULATIONS ESTABLISHED BY THE DEPARTMENT SHALL NOT REQUIRE
    29  VEHICLES WHICH PICK UP AND DISCHARGE SCHOOL CHILDREN ONLY AT
    30  LOCATIONS OFF THE HIGHWAY TO BE OF ANY PARTICULAR COLOR OR TO
    19810H0556B1986                  - 4 -

     1  DISPLAY FLASHING RED AND AMBER LIGHTS.
     2     SECTION 5.  SUBSECTION (B) OF SECTION 4703 OF TITLE 75 IS
     3  AMENDED BY ADDING A PARAGRAPH TO READ:
     4  § 4703.  OPERATION OF VEHICLE WITHOUT OFFICIAL CERTIFICATE OF
     5           INSPECTION.
     6     * * *
     7     (B)  EXCEPTIONS.--SUBSECTION (A) DOES NOT APPLY TO:
     8         * * *
     9         (9)  ANY MILITARY VEHICLE USED FOR TRAINING BY A PRIVATE,
    10     NONPROFIT, TAX EXEMPT MILITARY EDUCATIONAL INSTITUTION WHEN
    11     SUCH VEHICLE DOES NOT TRAVEL ON PUBLIC ROADS IN EXCESS OF ONE
    12     MILE AND THE PROPERTY ON BOTH SIDES OF THE PUBLIC ROAD IS
    13     OWNED BY THE INSTITUTION.
    14     * * *
    15     SECTION 6.  SECTION 4981(A) OF TITLE 75 IS AMENDED AND A
    16  SUBSECTION IS ADDED TO READ:
    17  § 4981.  WEIGHING AND MEASUREMENT OF VEHICLES.
    18     (A)  AUTHORITY OF POLICE OFFICER.--ANY POLICE OFFICER IS
    19  AUTHORIZED TO REQUIRE THE DRIVER OF ANY VEHICLE OR COMBINATION
    20  TO STOP AND SUBMIT THE VEHICLE OR COMBINATION TO BE MEASURED AND
    21  WEIGHED. WEIGHING MAY BE DONE BY USING EITHER PORTABLE OR
    22  STATIONARY SCALES. THE WEIGHING SHALL BE CONDUCTED BY QUALIFIED
    23  PERSONNEL EMPLOYED BY, TRAINED BY AND UNDER THE GUIDANCE OF THE
    24  PENNSYLVANIA STATE POLICE WHO HAVE BEEN TRAINED IN THE USE OF
    25  WEIGHING EQUIPMENT IN A TRAINING PROGRAM APPROVED BY THE
    26  DEPARTMENT OF AGRICULTURE. A POLICE OFFICER MAY REQUIRE THAT A
    27  VEHICLE OR COMBINATION BE DRIVEN TO THE NEAREST STATIONARY
    28  SCALES IF THE SCALES ARE WITHIN TWO MILES.
    29     * * *
    30     (F)  PERFORMANCE REVIEW.--THE DEPARTMENT OF TRANSPORTATION
    19810H0556B1986                  - 5 -

     1  SHALL REVIEW THE EFFICIENCY OF THE PENNSYLVANIA STATE POLICE IN
     2  THE PERFORMANCE OF WEIGHING AND MEASURING FUNCTIONS IN ORDER TO
     3  INSURE THAT FEDERAL GUIDELINES ARE COMPLIED WITH.
     4     SECTION 7.  TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
     5  § 6309.  CITATIONS SENT BY MAIL.
     6     EVERY CITATION OF A TRAFFIC VIOLATION MAILED TO AN ALLEGED
     7  VIOLATOR SHALL BE SENT BY CERTIFIED MAIL AND THE COST THEREOF
     8  SHALL BE ADDED TO THE OTHER COSTS INCLUDED ON THE CITATION.
     9     Section 2 8.  This act shall take effect in 60 days.           <--














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