SENATE AMENDED
PRIOR PRINTER'S NOS. 583, 1986 PRINTER'S NO. 3391
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
SENATOR MANBECK, TRANSPORTATION, IN SENATE, AS AMENDED,
JUNE 2, 1982
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing FOR THE DEFINITION OF "STREET <--
3 ROD," for exceptions to vehicle registration and inspection
4 requirements, for assigning points, for the use of signals on <--
5 school buses, for general requirements for other vehicles
6 transporting school children, for weighing and measuring of
7 vehicles, for citations sent by mail and for the replacement
8 of certain documents lost in the mail, and exempting from any
9 fee the transfer of title to a surviving spouse. FOR CONTENTS <--
10 OF DRIVERS' LICENSES, FOR EXCEPTIONS TO ASSIGNMENTS OF
11 POINTS; FURTHER LIMITING THE FIVE POINT PENALTY UPON
12 RESTORATION OF OPERATING PRIVILEGES; EXEMPTING CERTAIN
13 VEHICLES FROM REGISTRATION FEES AND PROVIDING FOR LOST
14 REVENUES; REQUIRING A PERMIT FOR MIGRANT FARM VEHICLES AND
15 IMPOSING A FEE; FURTHER PROVIDING FOR THE LOCATION OF
16 IDENTIFICATION MARKERS; PROVIDING FOR EXCEPTIONS FOR CERTAIN
17 EQUIPMENT REQUIREMENTS AND EXTENDING THE LENGTH OF OVERSIZE
18 VEHICLES; AND MAKING A REPEAL AND THEREBY PERMITTING A
19 DEDUCTION OF THE OIL COMPANY FRANCHISE TAX IN CALCULATING
20 OTHER TAXES IMPOSED BY THE COMMONWEALTH.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 SECTION 1. THE DEFINITION OF "STREET ROD" IN SECTION 102 OF <--
24 TITLE 75, ACT OF NOVEMBER 25, 1970 (P.L.707, NO.230), KNOWN AS
1 THE PENNSYLVANIA CONSOLIDATED STATUTES, IS AMENDED TO READ:
2 § 102. DEFINITIONS.
3 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
4 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
5 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
6 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
7 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
8 * * *
9 "STREET ROD." [A MODIFIED ANTIQUE MOTOR VEHICLE AS DEFINED
10 BY DEPARTMENT REGULATIONS.] A MOTOR VEHICLE, BUT NOT A
11 REPRODUCTION THEREOF, WITH A MODEL YEAR OF 1948 OR OLDER WHICH
12 HAS BEEN MATERIALLY ALTERED OR MODIFIED BY THE REMOVAL, ADDITION
13 OR SUBSTITUTION OF ESSENTIAL PARTS AND WITH A GROSS WEIGHT OR
14 REGISTERED GROSS WEIGHT OF NOT MORE THAN 9,000 POUNDS.
15 * * *
16 Section 1 2. Subsection (a) of section 1302 of Title 75, act <--
17 of November 25, 1970 (P.L.707, No.230), known as the
18 Pennsylvania Consolidated Statutes, is amended by adding
19 paragraphs to read:
20 § 1302. Vehicles exempt from registration.
21 (a) General rule.--The following types of vehicles are
22 exempt from registration:
23 * * *
24 (12) Any military vehicle used for training by a private <--
25 nonprofit, tax exempt military educational institution when
26 such vehicle does not travel on public roads in excess of one
27 mile and the property on both sides of the public road is
28 owned by the institution.
29 Section 2. Section 1535 of Title 75 is amended by adding a
30 subsection to read:
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1 § 1535. Schedule of convictions and points.
2 * * *
3 (a.1) Proof of receipt of citation.--No points shall be
4 assigned for an offense as to which the violator was sent a
5 citation by mail unless the municipality issuing the citation
6 sends the agency assigning points a copy of the receipt of
7 certified mail sent to and signed by the violator.
8 * * *
9 (13) ANY OVERSIZED OR OVERWEIGHT VEHICLES EXCLUSIVE OF <--
10 LOAD AND ONLY MOVED OR OPERATED UNDER A PERMIT ISSUED
11 PURSUANT TO SECTION 4961(A) (RELATING TO AUTHORITY TO ISSUE
12 PERMITS).
13 (14) ANY VEHICLE USED FOR GOLF COURSE OR RESORT
14 MAINTENANCE WHEN SUCH VEHICLE DOES NOT TRAVEL ON PUBLIC ROADS
15 IN EXCESS OF ONE MILE AND THE PROPERTY ON BOTH SIDES OF THE
16 PUBLIC ROAD IS OWNED BY SAID GOLF COURSE OR RESORT.
17 SECTION 3. SECTION 1510(A) AND 1535(D) OF TITLE 75 ARE
18 AMENDED OR ADDED TO READ:
19 § 1510. ISSUANCE AND CONTENT OF DRIVER'S LICENSE.
20 (A) GENERAL RULE.--THE DEPARTMENT SHALL, UPON PAYMENT OF THE
21 REQUIRED FEE, ISSUE TO EVERY QUALIFIED APPLICANT A DRIVER'S
22 LICENSE INDICATING THE TYPE OR GENERAL CLASS OF VEHICLES THE
23 LICENSEE IS AUTHORIZED TO DRIVE, WHICH LICENSE SHALL CONTAIN [A
24 DISTINGUISHING NUMBER IDENTIFYING THE LICENSEE,] THE SOCIAL
25 SECURITY NUMBER OF THE LICENSEE, THE ACTUAL NAME, DATE OF BIRTH,
26 RESIDENCE ADDRESS, A COLOR PHOTOGRAPH OF THE LICENSEE, SUCH
27 OTHER INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT, AND
28 EITHER A FACSIMILE OF THE SIGNATURE OF THE LICENSEE OR A SPACE
29 UPON WHICH THE LICENSEE SHALL WRITE HIS USUAL SIGNATURE WITH PEN
30 AND INK. PERSONAL MEDICAL DATA AND OTHER INFORMATION FOR USE IN
19810H0556B3391 - 3 -
1 AN EMERGENCY MAY BE INCLUDED AS A PART OF THE LICENSE.
2 INFORMATION OTHER THAN THAT REQUIRED TO IDENTIFY THE LICENSEE,
3 THE DISTINGUISHING NUMBER AND THE CLASS OF LICENSE ISSUED MAY BE
4 INCLUDED IN MICRODATA FORM. NO DRIVER'S LICENSE SHALL BE VALID
5 UNTIL IT HAS BEEN SIGNED BY THE LICENSEE.
6 * * *
7 § 1535. SCHEDULE OF CONVICTIONS AND POINTS.
8 * * *
9 (D) EXCEPTION.--THIS SECTION DOES NOT APPLY TO A PERSON WHO
10 WAS OPERATING A PEDACYCLE OR AN ANIMAL DRAWN VEHICLE.
11 SECTION 4. SECTION 1545 OF TITLE 75 IS AMENDED TO READ:
12 § 1545. RESTORATION OF OPERATING PRIVILEGE.
13 UPON THE RESTORATION OF ANY PERSON'S OPERATING PRIVILEGE
14 WHICH HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THIS SUBCHAPTER,
15 SUCH PERSON'S RECORD SHALL SHOW FIVE POINTS, EXCEPT THAT ANY
16 ADDITIONAL POINTS ASSESSED AGAINST THE PERSON SINCE THE DATE OF
17 THE LAST VIOLATION RESULTING IN THE SUSPENSION OR REVOCATION
18 SHALL BE ADDED TO SUCH FIVE POINTS UNLESS THE PERSON HAS SERVED
19 AN ADDITIONAL PERIOD OF SUSPENSION OR REVOCATION PURSUANT TO
20 SECTION 1544(A) (RELATING TO ADDITIONAL PERIOD OF REVOCATION OR
21 SUSPENSION). THIS SECTION SHALL NOT APPLY TO SECTION 1533
22 (RELATING TO SUSPENSION OF OPERATING PRIVILEGE FOR FAILURE TO
23 RESPOND TO CITATION).
24 SECTION 5. SECTION 1901(C)(16) OF TITLE 75 IS AMENDED TO
25 READ:
26 § 1901. EXEMPTION OF ENTITIES AND VEHICLES FROM FEES.
27 * * *
28 (C) PROCESSING FEE IN LIEU OF REGISTRATION FEE.--NO
29 REGISTRATION FEE SHALL BE CHARGED FOR VEHICLES REGISTERED BY ANY
30 OF THE FOLLOWING BUT THE DEPARTMENT SHALL CHARGE A FEE OF $10 TO
19810H0556B3391 - 4 -
1 COVER THE COSTS OF PROCESSING FOR ISSUING OR RENEWING THE
2 REGISTRATION:
3 * * *
4 (16) ANY PERSON WHO IS RETIRED AND RECEIVING SOCIAL
5 SECURITY OR OTHER PENSION AND WHOSE TOTAL INCOME DOES NOT
6 EXCEED [$7,500] $9,000 PER YEAR. UNLESS THE RETIRED PERSON IS
7 PHYSICALLY OR MENTALLY INCAPABLE OF DRIVING THE VEHICLE, THE
8 RETIRED PERSON SHALL BE THE PRINCIPAL DRIVER OF THE VEHICLE
9 BUT MAY FROM TIME TO TIME AUTHORIZE ANOTHER PERSON TO DRIVE
10 THE VEHICLE IN HIS OR HER STEAD. THE TOTAL AMOUNT OF MONEY
11 WHICH IS ANNUALLY LOST BY THE DEPARTMENT OF TRANSPORTATION BY
12 OPERATION OF THIS PARAGRAPH BASED ON THE DIFFERENCE BETWEEN
13 THE NORMAL REGISTRATION FEE AND THE PROCESSING FEE SHALL BE
14 APPROPRIATED FROM THE LOTTERY FUND TO THE MOTOR LICENSE FUND.
15 THE GOVERNOR IS HEREBY AUTHORIZED TO ANNUALLY TRANSFER FROM
16 THE LOTTERY FUND THE NECESSARY AMOUNT OF MONEY TO REIMBURSE
17 THE MOTOR LICENSE FUND PURSUANT TO THIS PARAGRAPH. SUCH MONEY
18 IS HEREBY SPECIFICALLY APPROPRIATED TO THE MOTOR LICENSE FUND
19 TO BE EXPENDED BY THE DEPARTMENT OF TRANSPORTATION WITH THE
20 APPROVAL OF THE GOVERNOR.
21 * * *
22 Section 3 6. Section 1902 of Title 75, PARAGRAPH (2) AMENDED <--
23 MARCH 7, 1982 (P.L.152, NO.49), is amended to read:
24 § 1902. Exemptions from other fees.
25 No fee shall be charged under this title for or to any of the
26 following:
27 (1) A certificate of title returned to the department
28 for cancellation.
29 (2) The replacement of a registration card or plate,
30 driver's license, learner's permit or certificate of title
19810H0556B3391 - 5 -
1 lost in the mail if the applicant files an affidavit of
2 nonreceipt within [45] 90 90 days of the date of original <--
3 issuance.
4 (3) A certificate of junk.
5 (4) A certificate of rejection.
6 (5) A special hauling permit issued to any person
7 hauling equipment or materials for use on a Federal or State
8 emergency relief project.
9 (6) A manufacturer, jobber or dealer for a certificate
10 of title to a motor vehicle, trailer or semitrailer when
11 assignment of certificate of title accompanies the
12 application for certificate of title, and when the dealer,
13 manufacturer or jobber is possessed of current
14 manufacturer's, dealer's or jobber's registration plates.
15 (7) The transfer of title to a surviving spouse pursuant
16 to section 1114 (relating to transfer of vehicle by operation
17 of law).
18 Section 4. Subsections (d) and (e) of section 3345 and <--
19 section 4553 of Title 75 are amended to read:
20 § 3345. Meeting or overtaking school bus.
21 * * *
22 (d) Use of amber signals.--The amber visual signals shall be
23 actuated by the driver of every school bus not more than 300
24 feet nor less than 150 feet prior to making a stop for the
25 purpose of receiving or discharging school children and shall
26 remain in operation until the red visual signals are actuated.
27 [Amber] Except as otherwise specifically provided in subsection
28 (e), amber signals shall not be used unless the red visual
29 signals are to be actuated immediately following.
30 (e) Limitations on use of signals.--
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1 (1) The visual signals required in the regulations shall
2 not be actuated [on]:
3 (i) On streets in urban districts designated by the
4 department or local authorities[, at].
5 (ii) At intersections or other places where traffic
6 is controlled by uniformed police officers or
7 appropriately attired or equipped persons authorized to
8 direct, control or regulate traffic[, or].
9 (2) The amber visual signals, but not the red visual
10 signals, shall be actuated in school bus loading [areas
11 designated by the department or local authorities when the
12 bus is entirely off the roadway] zones located:
13 (i) so that the school bus is entirely off the
14 roadway or shoulder; or
15 (ii) adjacent to a school and off the roadway.
16 * * *
17 § 4553. General requirements for other vehicles transporting
18 school children.
19 (a) Buses operated by urban mass transportation systems.--
20 Buses, other than school buses, operated by urban mass
21 transportation systems for the exclusive transportation of
22 school children shall comply with Federal safety standards and
23 such other safety regulations as the Pennsylvania Public Utility
24 Commission and the department shall provide for such buses.
25 (b) Other vehicles.--A motor vehicle used to transport
26 children to or from school or in connection with school
27 activities, which is not a school bus because of its limited
28 seating capacity, shall comply with regulations established by
29 the department for such vehicles. [Unless] These regulations
30 shall permit such vehicles to display flashing red and amber
19810H0556B3391 - 7 -
1 lights but, unless required by Federal law or regulation, the
2 regulations established by the department shall not require
3 vehicles which pick up and discharge school children only at
4 locations off the highway to be of any particular color or to
5 display flashing red and amber lights.
6 Section 5. Subsection (b) of section 4703 of Title 75 is
7 amended by adding a paragraph to read:
8 § 4703. Operation of vehicle without official certificate of
9 inspection.
10 * * *
11 (b) Exceptions.--Subsection (a) does not apply to:
12 * * *
13 (9) Any military vehicle used for training by a private,
14 nonprofit, tax exempt military educational institution when
15 such vehicle does not travel on public roads in excess of one
16 mile and the property on both sides of the public road is
17 owned by the institution.
18 * * *
19 Section 6. Section 4981(a) of Title 75 is amended and a
20 subsection is added to read:
21 § 4981. Weighing and measurement of vehicles.
22 (a) Authority of police officer.--Any police officer is
23 authorized to require the driver of any vehicle or combination
24 to stop and submit the vehicle or combination to be measured and
25 weighed. Weighing may be done by using either portable or
26 stationary scales. The weighing shall be conducted by qualified
27 personnel employed by, trained by and under the guidance of the
28 Pennsylvania State Police who have been trained in the use of
29 weighing equipment in a training program approved by the
30 Department of Agriculture. A police officer may require that a
19810H0556B3391 - 8 -
1 vehicle or combination be driven to the nearest stationary
2 scales if the scales are within two miles.
3 * * *
4 (f) Performance review.--The Department of Transportation
5 shall review the efficiency of the Pennsylvania State Police in
6 the performance of weighing and measuring functions in order to
7 insure that Federal guidelines are complied with.
8 Section 7. Title 75 is amended by adding a section to read:
9 § 6309. Citations sent by mail.
10 Every citation of a traffic violation mailed to an alleged
11 violator shall be sent by certified mail and the cost thereof
12 shall be added to the other costs included on the citation.
13 Section 8. This act shall take effect in 60 days.
14 SECTION 7. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ: <--
15 § 1950. FEE FOR MIGRANT FARM VEHICLE.
16 THE FEE FOR A PERMIT FOR OPERATION OF A MIGRANT FARM VEHICLE
17 PURSUANT TO SECTION 4972 (RELATING TO PERMITS FOR MIGRANT FARM
18 VEHICLES) SHALL BE $100. THIS SECTION SHALL EXPIRE DECEMBER 31,
19 1983.
20 SECTION 8. SECTION 2102(A) OF TITLE 75 IS AMENDED TO READ:
21 § 2102. IDENTIFICATION MARKERS REQUIRED.
22 (A) GENERAL RULE.--THE SECRETARY OF REVENUE SHALL PROVIDE AN
23 IDENTIFICATION MARKER FOR EVERY MOTOR CARRIER VEHICLE.
24 (1) [THE IDENTIFICATION MARKER MUST BE AFFIXED TO THE
25 VEHICLE IN AN EASILY VISIBLE POSITION.] ALL MOTOR VEHICLES
26 REQUIRED TO DISPLAY THE IDENTIFICATION MARKER SHALL
27 PERMANENTLY AFFIX SUCH IDENTIFICATION MARKER ON THE TOP ONE-
28 HALF OF THE OUTSIDE DOOR PANEL ON THE DRIVER'S LEFT-HAND SIDE
29 AND SHALL FOLLOW THE DIRECTIONS AS INDICATED ON THE REVERSE
30 SIDE OF THE IDENTIFICATION MARKER.
19810H0556B3391 - 9 -
1 (2) THE IDENTIFICATION MARKER SHALL REMAIN THE PROPERTY
2 OF THE COMMONWEALTH AND MAY BE RECALLED FOR ANY VIOLATION OF
3 THE PROVISIONS OF THIS CHAPTER, THE "MOTOR CARRIERS ROAD TAX
4 ACT" OR THE REGULATIONS PROMULGATED THEREUNDER.
5 * * *
6 SECTION 9. SECTIONS 4534, 4535 AND 4536 OF TITLE 75 ARE
7 AMENDED TO READ:
8 § 4534. REARVIEW MIRRORS.
9 NO PERSON SHALL OPERATE A MOTOR VEHICLE OR COMBINATION ON A
10 HIGHWAY UNLESS THE VEHICLE OR COMBINATION IS EQUIPPED WITH AT
11 LEAST ONE MIRROR, OR SIMILAR DEVICE, WHICH PROVIDES THE DRIVER
12 AN UNOBSTRUCTED VIEW OF THE HIGHWAY TO THE REAR OF THE VEHICLE
13 OR COMBINATION. THIS SECTION SHALL NOT APPLY TO ANY SPECIAL
14 MOBILE EQUIPMENT OR IMPLEMENT OF HUSBANDRY THAT IS NOT SO
15 EQUIPPED BY THE ORIGINAL MANUFACTURER.
16 § 4535. AUDIBLE WARNING DEVICES.
17 (A) GENERAL RULE.--EVERY MOTOR VEHICLE OPERATED ON A HIGHWAY
18 SHALL BE EQUIPPED WITH A HORN OR OTHER AUDIBLE WARNING DEVICE OF
19 A TYPE APPROVED IN REGULATIONS OF THE DEPARTMENT.
20 (B) CERTAIN SOUND DEVICES PROHIBITED.--EXCEPT AS
21 SPECIFICALLY PROVIDED IN THIS PART OR BY REGULATIONS OF THE
22 DEPARTMENT, NO VEHICLE OPERATED ON A HIGHWAY SHALL BE EQUIPPED
23 WITH A SIREN, BELL, WHISTLE OR ANY DEVICE EMITTING A SIMILAR
24 SOUND OR ANY UNREASONABLY LOUD OR HARSH SOUND.
25 (C) EXCEPTIONS.--THIS SECTION SHALL NOT APPLY TO ANY SPECIAL
26 MOBILE EQUIPMENT OR IMPLEMENT OF HUSBANDRY THAT IS NOT SO
27 EQUIPPED BY THE ORIGINAL MANUFACTURER.
28 § 4536. BUMPERS.
29 NO PERSON SHALL OPERATE ANY VEHICLE UPON A HIGHWAY WITHOUT
30 BUMPERS OF A TYPE SPECIFIED BY REGULATIONS OF THE DEPARTMENT IN
19810H0556B3391 - 10 -
1 BOTH THE FRONT AND REAR UNLESS THE VEHICLE WAS ORIGINALLY
2 DESIGNED AND MANUFACTURED TO BE USED WITHOUT BUMPERS. THIS
3 SECTION SHALL NOT APPLY TO ANY SPECIAL MOBILE EQUIPMENT OR
4 IMPLEMENT OF HUSBANDRY THAT IS NOT SO EQUIPPED BY THE ORIGINAL
5 MANUFACTURER.
6 SECTION 10. SECTION 4969 OF TITLE 75 IS AMENDED TO READ:
7 § 4969. PERMIT FOR MOVEMENT OF VEHICLES WITH OVERSIZE WHEELS
8 AND TIRES.
9 AN ANNUAL PERMIT MAY BE ISSUED FOR THE OPERATION OR MOVEMENT
10 BETWEEN SUNRISE AND SUNSET OF A VEHICLE CONTAINING WHEELS AND
11 TIRES EXTENDING BEYOND THE MAXIMUM WIDTH ALLOWED IN SECTION
12 4921(A) (RELATING TO WIDTH OF VEHICLES) IF THE DEPARTMENT
13 DETERMINES THAT SUCH WHEELS AND TIRES ARE ESSENTIAL TO THE
14 FUNCTION FOR WHICH THE VEHICLE IS DESIGNED OR ADAPTED AND USED.
15 THE OVERALL WIDTH OF ANY VEHICLE PERMITTED UNDER THIS SECTION,
16 INCLUDING WHEELS AND TIRES, SHALL NOT EXCEED [TEN] 12 FEET.
17 SECTION 11. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
18 § 4972. PERMITS FOR MIGRANT FARM VEHICLES.
19 A PERMIT MAY BE ISSUED FOR A PERIOD OF 60 CONSECUTIVE DAYS
20 AUTHORIZING THE OPERATION IN THE COMMONWEALTH OF ANY MIGRANT
21 FARM VEHICLE REGISTERED IN ANOTHER STATE. THIS SECTION SHALL
22 EXPIRE DECEMBER 31, 1983.
23 SECTION 12. SECTION 4981(C) OF TITLE 75 IS AMENDED TO READ:
24 § 4981. WEIGHING AND MEASUREMENT OF VEHICLES.
25 * * *
26 (C) TOLERANCE WHEN WEIGHING AXLES.--A 3% TOLERANCE PER AXLE
27 SHALL BE PERMITTED WHEN A VEHICLE IS WEIGHED ON STATIONARY OR
28 PORTABLE SCALES. THIS TOLERANCE SHALL NOT APPLY ON ANY
29 INTERSTATE HIGHWAY TO VEHICLES HAVING A REGISTERED GROSS WEIGHT
30 IN EXCESS OF 73,280 POUNDS.
19810H0556B3391 - 11 -
1 * * *
2 SECTION 13. SECTION 9502(B) OF TITLE 75 IS REPEALED.
3 SECTION 14. (A) THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
4 (B) THE PROVISIONS OF SECTION 1510(A) (RELATING TO ISSUANCE
5 AND CONTENT OF DRIVER'S LICENSE) REQUIRING SOCIAL SECURITY
6 NUMBERS ON DRIVERS' LICENSES SHALL APPLY TO ALL LICENSES ISSUED
7 AFTER THE EFFECTIVE DATE OF THIS ACT.
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