PRINTER'S NO. 1378
No. 1171 Session of 1977
INTRODUCED BY BELLOMINI AND DININNI, MAY 25, 1977
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 25, 1977
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, making omnibus changes.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. The definitions of "abandoned vehicle," "bus,"
6 "classic motor vehicle," "driver," "motor-driven cycle,"
7 "motorized pedalcycle," "passenger car," "reconstructed
8 vehicle," "roadway," "valueless except for junk" and "vehicle"
9 in section 102, sections 1102, 1103(a), (b), (d) and (e),
10 1111(a), 1113(a) and (c), 1114(b), 1117(a), (d) and (f),
11 1118(f), 1301, 1302, 1304(d), 1305(a), 1306, 1307(e), 1309,
12 1311, 1313(c), 1333(c), 1334(a), 1337(a), 1338, 1340, 1342,
13 1344, 1373, 1374(a), 1502(3), 1503, 1504(d), 1505(b) and (c),
14 1507(d), 1509(a), 1511, 1513(a), 1514, 1515, 1519, 1532, 1533,
15 1534, 1535, 1538(b) and (d), 1539(c), 1540, 1541(a) and (c),
16 1542(b), (c), (d) and (e), 1543, 1545, 1547(a), (b) and (d),
17 1549(b), 1550, 1551, 1571, 1572, 1573, 1901(a) and (c), 1914,
18 1915, 1916, 1917, 1919, 1923, 1926(c), 1943(b), 1944, 1945,
1 1946, 1947, 1951, 1953, 1955(a), 1957, 1958, 3101, 3105(c),
2 3112(a), 3307(a) and (b), 3331(b), 3334(b) 3335, 3345, 3351(a),
3 3352, 3353(a) and (e), 3354(d) and (e), 3363, 3364(c), 3365(a)
4 and (c), 3367(b), 3502, 3504, 3507(a), 3522(a), 3525(a), 3706,
5 3709, 3711(b), 3746(c), 3749(b) and (c), 3751(b), 3752, 4103,
6 4107(a), 4303(c), 4502, 4524(d), 4552(e), 4553(b), 4571, 4702,
7 4703, 4704(a), 4727(a), 4729, 4902(d) and (e), 4903(c), 4904(c),
8 4921, 4924(a), 4943(b), 4944, 4946(a), 4962(b) and (d), 4965,
9 4981(a), (c) and (d), 4982, 6104(a), 6105, 6109(a) and (e),
10 6112, 6122(a) and (e), 6301, 6305(a), 6306, 6308, 6322(a), 6323,
11 6327, 6342, 6504, 6505, 7102, 7103, 7105, 7113(a), 7116, 7121,
12 7122, 7123, 7301(d), 7306, 7309(c), 7502(c) and 7703 of Title
13 75, act of November 25, 1970 (P.L.707, No.230), known as the
14 Pennsylvania Consolidated Statutes, added June 17, 1976
15 (P.L.162, No.81), are amended, and the definitions of "church"
16 and "recreational vehicle" in section 102, sections 1336(c),
17 1505(e), 1538(e), 1550, 1552, 1944, 1948, 1960, 3111(e),
18 3342(d), 3346, 3505(e), 4305(d), 4552(i), 4942(d) and 6506 are
19 added to read:
20 § 102. Definitions.
21 Subject to additional definitions contained in subsequent
22 provisions of this title which are applicable to specific
23 provisions of this title, the following words and phrases when
24 used in this title shall have, unless the content clearly
25 indicates otherwise, the meanings given to them in this section:
26 "Abandoned vehicle."
27 (1) A vehicle (other than a pedalcycle):
28 (i) that is inoperable and is left unattended on
29 public property for more than 48 hours;
30 (ii) that has remained illegally on public property
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1 for a period of more than 48 hours;
2 (iii) [without] which does not have both a valid
3 registration plate [or] and certificate of inspection [or
4 title] left unattended on [or along] a highway; or
5 (iv) that has remained on private property without
6 the consent of the owner or person in control of the
7 property for more than 48 hours.
8 (2) Vehicles and equipment used or to be used in
9 construction or in the operation or maintenance of public
10 utility facilities, which are left in a manner which does not
11 interfere with the normal movement of traffic, shall not be
12 considered to be abandoned.
13 * * *
14 "Bus." A motor vehicle designed for carrying more than ten
15 passengers, exclusive of the driver, and used for the
16 transportation of persons and [a] any other motor vehicle [,
17 other than a taxicab, designed and] used for the transportation
18 of persons for compensation. The term does not include a taxi or
19 a vehicle used in a carpool.
20 * * *
21 "Church." An organization for religious purposes which
22 exists for the predominant purpose of holding, conducting or
23 sponsoring religious activities or religious education, without
24 pecuniary benefit to any officer, member or shareholder except
25 as reasonable compensation for actual services rendered to the
26 organization.
27 "[Classic] Historic motor vehicle." A self-propelled
28 vehicle, but not a reproduction thereof, manufactured more than
29 ten years prior to the current year and, because of discontinued
30 production and limited availability, determined by the
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1 department to be a model or make of significant value to
2 collectors or exhibitors and which has been maintained in or
3 restored to a condition which is substantially in conformity
4 with manufacturer specifications and appearance.
5 * * *
6 "Driver." A person who drives or is in actual physical
7 control of a motor vehicle.
8 * * *
9 ["Motor-driven cycle." A motorcycle, including a motor
10 scooter, with a motor which produces not to exceed five brake
11 horsepower, and every pedalcycle with motor attached.]
12 "Motorized pedalcycle." A [motor-driven cycle] motorcycle
13 equipped with operable pedals, a motor rated no more than 1.5
14 brake horsepower, a cylinder capacity not exceeding 50 cubic
15 centimeters, an automatic transmission, and a maximum design
16 speed of no more than 25 miles per hour.
17 "Passenger car." A motor vehicle, except a motorcycle or
18 taxi, designed primarily for carrying ten passengers or less,
19 and primarily used for the transportation of persons.
20 * * *
21 "Reconstructed vehicle." A vehicle materially altered from
22 its original construction by the removal, addition or
23 substitution of essential parts, new or used, or a vehicle,
24 other than an antique or [classic] historic vehicle, for which a
25 certificate of junk was issued and is thereafter restored to
26 operating condition.
27 * * *
28 "Recreational vehicle." A vehicular type unit primarily
29 designed as temporary living quarters for recreation, camping or
30 travel use which either has its own motive power or is drawn by
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1 another vehicle.
2 * * *
3 "Roadway." That portion of a highway improved, designed or
4 ordinarily used for vehicular travel, exclusive of the
5 sidewalk[, berm] or shoulder even though such sidewalk[, berm]
6 or shoulder is used by pedalcycles. In the event a highway
7 includes two or more separate roadways the term "roadway" refers
8 to each roadway separately but not to all such roadways
9 collectively.
10 * * *
11 "Valueless except for junk." A vehicle which is inoperable
12 or unable to meet the vehicle equipment and inspection standards
13 under Part IV (relating to vehicle characteristics) to the
14 extent that the cost of repairs would exceed the value of the
15 repaired vehicle. The term does not include a vehicle which
16 would qualify as an antique or [classic] historic vehicle except
17 for its lack of restoration or maintenance.
18 "Vehicle." Every device [in, upon or by] which [any person
19 or property] is or may be [transported] moved or drawn upon a
20 highway, except devices used exclusively upon rails or tracks.
21 * * *
22 § 1102. Vehicles not requiring certificate of title.
23 No certificate of title shall be issued for:
24 (1) A vehicle owned by the United States unless it is
25 registered in this Commonwealth.
26 (2) A golf cart, [motor-driven cycle] motorized
27 pedalcycle, go-cart or other similar vehicle unless it is
28 registered in this Commonwealth.
29 (3) A new vehicle owned by a manufacturer or registered
30 dealer before and until sale.
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1 (4) A vehicle owned by a nonresident of this
2 Commonwealth and not required by law to be registered in this
3 Commonwealth.
4 (5) A vehicle owned by a resident legally required to be
5 registered in another state, based and used principally
6 outside of this Commonwealth, and not required by law to be
7 registered in this Commonwealth.
8 (6) A vehicle regularly engaged in the interstate
9 transportation of persons or property for which a currently
10 effective certificate of title has been issued in another
11 state.
12 (7) A vehicle moved solely by human or animal power.
13 (8) An implement of husbandry unless required to be
14 registered.
15 (9) Special mobile equipment unless required to be
16 registered.
17 (10) A mobile home.
18 (11) A riding lawnmower with an engine not exceeding 16
19 h.p.
20 § 1103. Application for certificate of title.
21 (a) Contents of application.--Application for a certificate
22 of title shall be made upon a form prescribed and furnished by
23 the department and shall contain a full description of the
24 vehicle, the vehicle identification number, date of purchase,
25 the actual or bona fide name and address of the owner, a
26 statement of the title of applicant, together with any other
27 information or documents the department requires to identify the
28 vehicle and to enable the department to determine whether the
29 owner is entitled to a certificate of title and the [amount and]
30 description of any security interests in the vehicle.
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1 (b) Signing and filing of application.--Application for a
2 certificate of title shall be made within [ten] five days of the
3 sale or transfer of a vehicle or its entry into this
4 Commonwealth from another jurisdiction, whichever is later. The
5 application shall be accompanied by the fee prescribed in this
6 title, and any tax payable by the applicant under the laws of
7 this Commonwealth in connection with the acquisition or use of a
8 vehicle or evidence to show that the tax has been collected. The
9 application shall be signed and verified by oath or affirmation
10 by the applicant if a natural person; in the case of an
11 association or partnership, by a member or a partner; and in the
12 case of a corporation, by an executive officer or some person
13 specifically authorized by the corporation to sign the
14 application.
15 * * *
16 (d) Vehicles purchased from dealers.--If the application
17 refers to a vehicle purchased from a dealer, the dealer shall
18 mail or deliver the application to the department within [ten]
19 five days of the date of purchase. The application shall contain
20 the names and addresses of any lienholders in order of priority,
21 [the amounts and] the dates of the security agreements, and be
22 assigned by the dealer to the owner and signed by the owner. Any
23 dealer violating this subsection is guilty of a summary offense
24 and shall, upon conviction, be sentenced to pay a fine of $50
25 for each violation. The requirement that the dealer mail or
26 deliver the application to the department does not apply to
27 vehicles purchased by fleet owners or governmental or quasi-
28 governmental agencies.
29 (e) Out-of-state vehicles.--If the application refers to a
30 vehicle purchased or last previously titled or registered in
19770H1171B1378 - 7 -
1 another state or country, the following information shall be
2 contained in or accompany the application or be forwarded in
3 support of the application as required by the department:
4 (1) Any certificate of title issued by the other state
5 or country.
6 (2) A tracing or photograph of the vehicle
7 identification number taken from the official number plate
8 or, where it is impossible to secure a legible tracing or
9 photograph, the verification of a person authorized by the
10 department that the vehicle identification number of the
11 vehicle has been inspected and found to conform to the
12 description given in the application.
13 (3) Any other information and documents the department
14 reasonably requires to establish the ownership of the vehicle
15 and the existence or nonexistence of security interests in
16 the vehicle.
17 * * *
18 § 1111. Transfer of ownership of vehicle.
19 (a) Duty of transferor.--In the event of the sale or
20 transfer of the ownership of a vehicle within this Commonwealth,
21 the owner shall execute an assignment and warranty of title to
22 the transferee in the space provided on the certificate or as
23 the department prescribes, sworn to before a notary public or
24 other officer empowered to administer oaths, and deliver the
25 certificate to the transferee [at the time of the delivery of
26 the vehicle] immediately.
27 * * *
28 § 1113. Transfer to or from manufacturer or dealer.
29 (a) Transfer to manufacturer or dealer.--When the purchaser
30 or transferee of a vehicle is a manufacturer or registered
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1 dealer who holds the vehicle for resale, a certificate of title
2 need not be applied for as provided for in section 1111
3 (relating to transfer of ownership of vehicle) but the
4 transferee shall, within [seven] five days from the date of
5 assignment of the certificate of title to the manufacturer or
6 dealer, forward to the department, upon a form prescribed and
7 furnished by the department, notification of the acquisition of
8 the vehicle. Notification as authorized in this section may not
9 be used in excess of three consecutive transactions after which
10 time an application shall be made for a certificate of title.
11 * * *
12 (c) Transfer from manufacturer or dealer.--[The manufacturer
13 or dealer, upon transferring his interest in the vehicle, shall,
14 except] Except as otherwise provided in this section, when the
15 transferee is another manufacturer or dealer:
16 (1) The manufacturer or dealer upon transferring their
17 interest in the vehicle shall execute an assignment and
18 warranty of title to the transferee in the space provided on
19 the certificate or as the department prescribes.
20 (2) The transferee shall complete the application for
21 certificate of title in the name of the transferee.
22 [The] (3) The manufacturer or dealer shall forward the
23 certificate of title and any other required forms shall be
24 forwarded by the dealer or manufacturer to the department
25 within five days of the transfer.
26 * * *
27 § 1114. Transfer of vehicle by operation of law.
28 * * *
29 (b) Transfer to surviving spouse.--Transfer of a certificate
30 of title to a surviving spouse, or any person designated by the
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1 spouse, may be made without the necessity of filing for letters
2 of administration notwithstanding the fact that there are
3 [minor] children or other heirs surviving the decedent provided
4 the surviving spouse files an affidavit that all the debts of
5 the decedent have been paid. The provisions of this subsection
6 shall not supersede the bequest of a vehicle to another person.
7 * * *
8 § 1117. Vehicle destroyed or junked.
9 (a) Application for certificate of junk.--[Any owner who
10 transfers a vehicle as scrap, or to be destroyed or junked,
11 shall assign the certificate of title to the person to whom the
12 vehicle is transferred. The transferee shall return the assigned
13 certificate of title to the department immediately with an
14 application for a certificate of junk upon a form furnished and
15 prescribed by the department. An insurer, as defined in the act
16 of July 19, 1974 (P.L.489, No.176), known as the "Pennsylvania
17 No-fault Motor Vehicle Insurance Act," to which title to a
18 vehicle is assigned upon payment to the insured of the
19 replacement value of the vehicle, shall be regarded as a
20 transferee under this subsection.]
21 (1) Any owner who scraps, dismantles or destroys a
22 vehicle and any person who purchases a vehicle to be
23 scrapped, dismantled or destroyed shall within five days
24 return:
25 (i) the certificate of title to the department; and
26 (ii) an application for certificate of junk on a
27 form furnished by the department.
28 (2) An owner who receives the replacement value of a
29 vehicle from an insurer as defined in the act of July 19,
30 1974 (P.L.489, No.176), known as the "Pennsylvania No-fault
19770H1171B1378 - 10 -
1 Motor Vehicle Insurance Act," or the insurer or other
2 transferee, if title to the vehicle is transferred, shall be
3 required to comply with this section.
4 * * *
5 (d) Reconstructed vehicle.--If a vehicle, other than an
6 antique or [classic] historic vehicle, for which a certificate
7 of junk has been issued is thereafter restored to operating
8 condition, it shall be regarded as a reconstructed vehicle.
9 * * *
10 (f) Penalty.--Any person violating the provisions of
11 subsections (a) or (e) is guilty of a [summary offense]
12 misdemeanor of the second degree and shall, upon conviction, be
13 sentenced to pay a fine of $200 for each violation.
14 § 1118. Suspension and cancellation of certificate of title.
15 * * *
16 (f) Nonpayment of fee.--The department may suspend a
17 certificate of title when a check received in payment of the fee
18 is not paid on demand or when the fee for the certificate is
19 unpaid and owing. The suspension shall remain in effect until
20 the required fee and penalty have been paid.
21 * * *
22 § 1301. [Driving unregistered vehicle prohibited.]
23 Registration and certificate of title required.
24 (a) Driving unregistered vehicle prohibited.--It is a
25 summary offense for any person to drive or for an owner
26 knowingly to permit to be driven upon any highway any vehicle of
27 a type required to be registered under this chapter which is not
28 registered or for which the appropriate fee has not been paid
29 when and as required in this title.
30 (b) Certificate of title required.--No vehicle shall be
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1 registered unless a certificate of title has been applied for or
2 issued, if one is required by Chapter 11 (relating to
3 certificate of title and security interests).
4 § 1302. Vehicles [subject to] exempt from registration.
5 [(a) General rule.--No vehicle shall be operated upon any
6 highway in this Commonwealth until the vehicle is properly
7 registered with the department as provided in this chapter.
8 (b) Exceptions.--Subsection (a) does not apply to the
9 following:]
10 The following types of vehicles are exempt from registration
11 in accordance with section 1301 (relating to registration and
12 certificate of title required):
13 (1) Any vehicle in conformance with the provisions of
14 this chapter relating to dealers, persons registered under
15 any of the miscellaneous motor vehicle business classes or
16 nonresidents.
17 (2) Any implement of husbandry or trailer determined by
18 the department to be used exclusively for agricultural
19 operations and only incidentally operated upon highways.
20 (i) A certificate of exemption shall be required for
21 trailers.
22 (ii) Vehicles exempt from registration under this
23 paragraph shall be used exclusively upon a farm or farms
24 owned or operated by the owner of the vehicle or upon
25 highways between:
26 (A) Parts of one such farm.
27 (B) [Farms] Such farms located not more than 25
28 miles apart.
29 (C) [A farm] Such farm or farms and a place of
30 business located within a radius of [25] 50 miles
19770H1171B1378 - 12 -
1 from [the farm] such farm or farms for the purpose of
2 buying or selling agricultural commodities or
3 supplies or for the inspection, repair or servicing
4 of the vehicle.
5 (3) Any self-propelled golf cart used for the
6 transportation of persons engaged in the game of golf while
7 crossing any public highway during any game of golf.
8 (4) Any oversized vehicle which can only be moved by
9 special permit as provided for in sections 4961(a)(1)
10 (relating to authority to issue permits), 4965 (relating to
11 single permits for multiple highway crossings), 4966
12 (relating to permit for movement of quarry equipment), and
13 4970 (relating to permit for movement of utility construction
14 equipment).
15 (5) Any vehicle registered and displaying plates issued
16 in a foreign country by the armed forces of the United States
17 for a period of 45 days from the date of [the return of the
18 owner to the United States] entry of the vehicle into the
19 Commonwealth.
20 (6) Any vehicle owned by a resident legally required to
21 be registered in another state based and used principally
22 outside of this Commonwealth.
23 (7) Any vehicle moved solely by human or animal power.
24 (8) Any self-propelled invalid wheel chair.
25 (9) Any mobile home.
26 (10) Any riding lawnmower with an engine not exceeding
27 16 h.p.
28 [(c) Certificate of title required.--No vehicle shall be
29 registered unless a certificate of title has been obtained, if
30 one is required by Chapter 11 (relating to certificate of title
19770H1171B1378 - 13 -
1 and security interests).]
2 § 1304. Registration criteria.
3 * * *
4 (d) Maximum registered gross weight.--No truck, truck
5 tractor or trailer shall be registered at a gross weight in
6 excess of the lowest of:
7 (1) the limiting weights established on the basis of
8 axle load, tire load, horsepower or gross weight by type of
9 vehicles;
10 (2) the gross vehicle weight rating assigned by the
11 manufacturer; or
12 (3) a combination weight greater than the gross
13 combination weight rating.
14 In the case of a vehicle in which no gross vehicle weight rating
15 or gross combination weight rating is assigned by the
16 manufacturer or where the vehicle has been altered subsequent to
17 manufacture to change its weight bearing capacity, an equivalent
18 rating [shall] may be determined by the department on the basis
19 of the vehicle's horsepower, braking ability, axle limitations
20 and such other factors related to safe operation as may be
21 established by regulations of the department. The limitations of
22 this subsection do not apply to motor vehicles registered prior
23 to July 1, 1977 or if the manufacturers statement of origin
24 indicates that the vehicle is a 1977 model year.
25 * * *
26 § 1305. Application for registration.
27 (a) General rule.--Application for the registration of a
28 vehicle shall be made to the department upon the appropriate
29 form or forms furnished by the department. The application shall
30 contain the full name and address of the owner or owners; the
19770H1171B1378 - 14 -
1 make, [model,] year and vehicle identification number of the
2 vehicle; and such other information as the department may
3 require including information pertaining to insurance.
4 Applicants for registration of a truck, truck tractor, trailer
5 or bus shall provide the vehicle's Gross Vehicle Weight Rating
6 (GVWR), or the Gross Combination Weight Rating (GCWR), as
7 applicable. If the manufacturer's ratings are not available, the
8 applicant shall provide sufficient information as to the
9 horsepower, braking capacity and such other data as necessary
10 for the department to determine an equivalent measure of the
11 vehicle's hauling and stopping capability. If the applicant
12 wishes to register a vehicle at a registered gross weight less
13 than the gross vehicle weight rating, the application shall
14 include information as to weight, load and any other such
15 information as the department may require. The application shall
16 be accompanied by [proof of insurance and] the applicable fee.
17 * * *
18 § 1306. Grounds for refusing registration.
19 The department shall refuse registration [and] or renewal or
20 transfer of registration when any of the following circumstances
21 exists:
22 (1) The applicant is not entitled to registration under
23 the provisions of this chapter.
24 (2) The applicant has at registration or titling
25 neglected or refused to furnish the department with the
26 information required on the appropriate official form, or any
27 reasonable additional information required by the department.
28 (3) The department has reasonable grounds to believe
29 that the application contains false or fraudulent
30 information, or that the vehicle is stolen, which fact the
19770H1171B1378 - 15 -
1 department shall ascertain by reference to the stolen vehicle
2 file required to be maintained under section 7114 (relating
3 to records of stolen vehicles), or that the granting of
4 registration would constitute a fraud against the rightful
5 owner or other person having a valid lien upon the vehicle.
6 (4) [The fees required by law] Any fees required by this
7 title have not been paid.
8 (5) The vehicle is not constructed or equipped as
9 required by this title.
10 (6) The registration of the vehicle stands suspended for
11 any reason as provided for in this title.
12 § 1307. Period of registration.
13 * * *
14 (e) Antique and [classic] historic vehicles.--Antique and
15 [classic] historic motor vehicle registrations shall expire upon
16 the junking, scrapping or transfer of ownership of the vehicle,
17 except that if the transfer is between spouses or between parent
18 and child the registration may be transferred upon payment of a
19 transfer fee.
20 § 1309. Renewal of registration.
21 Prior to the expiration of each registration, the department
22 shall send to the registrant an application for renewal of
23 registration. The application shall contain the full name and
24 address of the owner or owners; the make and vehicle
25 identification number of the vehicle; and such other information
26 as the department may require, including information pertaining
27 to insurance. Upon return of the application, accompanied by
28 [proof of insurance and] the applicable fee, the department
29 shall send to the registrant a renewed registration card.
30 Failure to receive a renewal application shall not relieve a
19770H1171B1378 - 16 -
1 registrant from the responsibility to renew the registration.
2 § 1311. Registration card to be signed and [exhibited on
3 demand] in possession of driver.
4 (a) Signing card.--Upon receiving the registration card or
5 any duplicate, the registrant shall sign his name in the space
6 provided.
7 (b) [Carrying and exhibiting card] Driver to possess card.--
8 Every registration card shall, at all times while the vehicle is
9 being operated upon a highway, be in the possession of the
10 person driving or in control of the vehicle or carried in the
11 vehicle. [and shall be exhibited upon demand of any police
12 officer.]
13 (c) Production to avoid penalty.--No person shall be
14 [convicted of] charged with violating this section or section
15 1302 (relating to vehicles [subject to] exempt from
16 registration) if the person produces [at the office of the
17 issuing authority or] at the office of the [arresting]
18 investigating police officer within five days of the violation[,
19 a registration card valid in this Commonwealth at the time of
20 the arrest.]:
21 (1) a registration card valid in this Commonwealth at
22 the time of the arrest; or
23 (2) if the registration card is lost, stolen, destroyed
24 or illegible, a notarized or photostatic copy of an
25 application for a duplicate.
26 § 1313. Duplicate registration cards.
27 * * *
28 [(c) Affidavit to avoid penalty.--No owner or operator of a
29 vehicle shall be subject to a fine for failure to have the
30 registration card if the owner or operator makes affidavit that
19770H1171B1378 - 17 -
1 the card was lost or stolen within the period of 20 days
2 preceding and that application for new registration card was
3 made within 48 hours as required in this section.]
4 § 1333. Lost, stolen, damaged or illegible registration plate.
5 * * *
6 (c) [Affidavit] Production to avoid penalty.--No owner or
7 operator of a vehicle shall be subject to a fine for the reason
8 that the registration plate is missing if they have in their
9 possession [an affidavit that the plate was lost or stolen and
10 that] a notarized or photostatic copy of an application for new
11 plate or plates [was made within 48 hours] as required in this
12 section.
13 § 1334. Return of registration plate.
14 (a) General rule.--Registration plates shall be returned to
15 the department under the following circumstances:
16 (1) A registration plate shall be returned if the
17 [registrant no longer has a vehicle titled in this
18 Commonwealth.] ownership of the vehicle is transferred unless
19 the registration plate is transferred with the vehicle or to
20 another vehicle as provided in section 1314 (relating to
21 transfer of registration).
22 (2) A legislative registration plate shall be returned
23 on the expiration or termination of the term of office of the
24 legislative member.
25 (3) A dealer or "Miscellaneous Motor Vehicle Business"
26 registration plate shall be returned if the business is
27 discontinued.
28 (4) A handicapped registration plate shall be returned
29 if the person to whom it was issued no longer qualifies under
30 section 1338 (relating to handicapped plate).
19770H1171B1378 - 18 -
1 * * *
2 § 1336. Use of dealer registration plates.
3 * * *
4 (c) Motorcycle and motorized pedalcycle dealer plates.--
5 Motorcycle and motorized pedalcycle dealer plates used as
6 provided in subsection (a)(1) may only be used on motorcycles
7 and motorized pedalcycles, as the case may be.
8 § 1337. Use of "Miscellaneous Motor Vehicle Business"
9 registration plates.
10 (a) General rule.--The department shall issue to owners of
11 miscellaneous motor vehicle businesses special registration
12 plates which may be displayed on vehicles operated on highways
13 in lieu of registering each vehicle individually in accordance
14 with the requirements of section 1302(a) (relating to vehicles
15 [subject to] exempt from registration). Registration plates
16 issued under this section may be used only when the vehicle is
17 used for any of the following purposes:
18 (1) In the conduct of the miscellaneous motor vehicle
19 business.
20 (2) For the personal pleasure or use of the owner of the
21 miscellaneous motor vehicle business or members of their
22 immediate family, or when the business is a corporation, for
23 the pleasure or use of not more than three officers or
24 members of their immediate families, or for the personal use
25 of the regular employees of the business when operated by the
26 employee.
27 (3) For loaning to customers whose vehicles are being
28 repaired.
29 * * *
30 § 1338. Handicapped plate.
19770H1171B1378 - 19 -
1 On the application of any person who:
2 (1) does not have full use of a leg or both legs or an
3 arm or both arms;
4 (2) is blind; or
5 (3) is the spouse, parent or person in loco parentis of
6 a person specified in paragraph (1) or (2);
7 the department shall issue a special registration plate for [one
8 passenger car or other vehicle] passenger cars or other vehicles
9 with a registered gross weight of not more than 9,000 pounds,
10 designating the vehicle so licensed as being used by a
11 handicapped person. Special plates for handicapped persons may
12 also be issued for vehicles operated exclusively for the use and
13 benefit of handicapped persons.
14 § 1340. Antique and [classic] historic plates.
15 (a) General rule.--Upon submission by a vehicle owner of
16 information satisfactory to the department that a motor vehicle
17 is an antique motor vehicle or [classic] historic motor vehicle,
18 accompanied by the appropriate fee, the department may issue
19 special plates for the vehicle. No annual registration fee may
20 be charged for antique or [classic] historic motor vehicles.
21 (b) Use of plates.--It is unlawful for any person to operate
22 a vehicle with antique or [classic] historic registration plates
23 for general daily transportation. Permitted use shall be limited
24 to participation in club activities, exhibits, tours, parades,
25 occasional transportation and similar uses.
26 § 1342. Disabled veteran plate.
27 On the application of a [totally] disabled veteran, whose
28 disability is certified by the United States Veterans'
29 Administration as service-connected, the department shall issue
30 a special registration plate designating the vehicle as
19770H1171B1378 - 20 -
1 belonging to a [totally] disabled veteran. The registration
2 plate shall have a white background, shall have blue numbers or
3 letters as the department may determine, and shall have the
4 words, "disabled veteran," in at least ten-point bold type,
5 inscribed in red at the bottom of the plate. The special
6 registration plate may be used only on one passenger vehicle or
7 one other vehicle with a registered gross weight of not more
8 than 9,000 pounds.
9 § 1344. Use of farm truck plates.
10 (a) General rule.--A truck bearing farm truck registration
11 plates shall be used exclusively upon a farm or farms owned or
12 operated by the registrant of the vehicle or upon highways
13 between:
14 (1) Parts of one such farm.
15 (2) [Farms] Such farms located not more than 25 miles
16 apart.
17 (3) [A] Such a farm or farms and a place of business
18 located within a radius of 50 miles from [the] such farm or
19 farms for the purpose of buying or selling agricultural
20 commodities or supplies or for the inspection, repair or
21 servicing of the vehicle.
22 (b) Penalty.--Any person violating this section is guilty of
23 a summary offense and shall, upon conviction, be sentenced to
24 pay a fine of [$25] $50 and upon conviction for a second or
25 subsequent offense, be sentenced to pay a fine of $200.
26 § 1373. Suspension of registration.
27 The department may suspend any registration [after providing
28 opportunity for a hearing] in any of the following cases when
29 the department finds upon sufficient evidence that:
30 (1) The vehicle is unsafe or unfit for operation or is
19770H1171B1378 - 21 -
1 not equipped as required by this title.
2 (2) The owner or registrant has made, or permitted to be
3 made, any unlawful use of the vehicle or registration plate
4 or plates, or registration card, or permitted the use by a
5 person not entitled thereto.
6 (3) The owner or registrant has knowingly made a false
7 statement or knowingly concealed a material fact or otherwise
8 committed a fraud in any application or form required to be
9 filed by this title.
10 (4) Upon the request or order of any court of record.
11 (5) [The required fee has not been paid.] A check
12 received in payment of the fee is not paid on demand or when
13 the fee for the registration is unpaid and owing. This
14 suspension shall remain in effect until the required fee and
15 penalty have been paid.
16 (6) The registrant or any agent or employee has
17 repeatedly violated any of the provisions of this chapter or
18 Chapter 11 (relating to certificate of title and security
19 interests).
20 § 1374. Suspension of vehicle business registration plates.
21 (a) General rule.--The department may suspend registration
22 plates for dealers, manufacturers or members of the
23 "Miscellaneous Motor Vehicle Business" class after providing
24 opportunity for a hearing in any of the following cases when the
25 department finds upon sufficient evidence that:
26 (1) The registrant is no longer entitled to licensing as
27 a dealer or manufacturer or to registration in the
28 "Miscellaneous Motor Vehicle Business" class.
29 (2) The registrant has made or permitted to be made any
30 unlawful use of the vehicle or registration plate or plates
19770H1171B1378 - 22 -
1 or registration card or permitted the use by a person not
2 entitled thereto.
3 (3) The registrant has knowingly made a false statement
4 or knowingly concealed a material fact or otherwise committed
5 a fraud in any application.
6 (4) The registrant has failed to give notice of transfer
7 of ownership or of the destruction or junking of any vehicle
8 when and as required by this title.
9 (5) The registrant has failed to deliver to a transferee
10 lawfully entitled thereto or to the department, when and as
11 required by this title, a properly assigned certificate of
12 title.
13 (6) The registrant has repeatedly violated any of the
14 provisions of this title.
15 (7) [Any fee payable to the Commonwealth in connection
16 with the operation of the business of the registrant has not
17 been paid.] A check received payable to the Commonwealth in
18 connection with the operation of the business of the
19 registrant is not paid on demand or when any fee is unpaid
20 and owing. This suspension shall remain in effect until the
21 required fee and penalty have been paid.
22 * * *
23 § 1502. Persons exempt from licensing.
24 The following persons are not required to obtain a driver's
25 license under this chapter:
26 * * *
27 (3) Any nonresident who is at least 16 years of age and
28 who has in possession a valid driver's license issued in the
29 person's home state or country except that a person who has
30 been issued a valid driver's license in a country other than
19770H1171B1378 - 23 -
1 the United States or Canada shall be exempt only upon showing
2 a satisfactory understanding of official traffic-control
3 devices. A nonresident [may] shall only drive the class or
4 classes of vehicles in this Commonwealth for which the person
5 is licensed to drive in the person's home state or country
6 subject to all restrictions contained on the license.
7 * * *
8 § 1503. Persons ineligible for licensing.
9 (a) General rule.--The department shall [not issue any
10 driver's license to, or renew the driver's license of,] suspend
11 the operating privilege of any person:
12 (1) Whose operating privilege is suspended or revoked in
13 this or any other state except as otherwise provided in this
14 title.
15 (2) Whose operating privilege is suspended or revoked in
16 any other state upon grounds which would authorize the
17 suspension or revocation of the operating privilege under
18 this title.
19 (3) Who is a user of alcohol or any controlled substance
20 to a degree rendering the user incapable of safely driving a
21 motor vehicle. This paragraph does not apply to any person
22 who is enrolled or otherwise participating in a methadone or
23 other controlled substance treatment program approved by the
24 Governor's Council on Drug and Alcohol Abuse provided that
25 the person is certified to be competent to drive by a
26 physician designated by the Governor's Council on Drug and
27 Alcohol Abuse.
28 (4) Who has been adjudged to be afflicted with or
29 suffering from any mental disability or disease and who has
30 not at the time of application been restored to competency by
19770H1171B1378 - 24 -
1 the methods provided by law.
2 (5) Whose name has been submitted under the provisions
3 of section 1518 (relating to reports on mental or physical
4 disabilities or disorders).
5 (6) Who is required by the department to take an
6 examination [until the person has successfully passed the
7 examination].
8 (7) Who is under 18 years of age except in accordance
9 with subsections (b) and (c).
10 (8) Who has repeatedly violated any of the provisions of
11 this chapter. The department shall provide an opportunity for
12 a hearing upon invoking this paragraph.
13 (b) Term of suspension.--A suspension imposed under
14 subsection (a) shall remain in effect until the cause of the
15 suspension has been rectified.
16 [(b)] (c) Minors completing training course.--The department
17 shall issue a driver's license to a person 17 years of age who:
18 (1) has successfully completed a driver's training
19 course approved by the [department] Department of Education;
20 and
21 (2) has not been [involved in an accident for which they
22 are partially or fully responsible in the opinion of the
23 department or is] convicted of any violation of this title.
24 [(c)] (d) Junior driver's license.--The department may issue
25 a junior driver's license to a person 16 or 17 years of age
26 under rules and regulations adopted by the department and
27 subject to the provisions of this section. A junior driver's
28 license shall automatically become a regular driver's license
29 when the licensee attains 18 years of age.
30 (1) Except as provided in paragraph (2), no licensed
19770H1171B1378 - 25 -
1 junior driver shall drive a vehicle upon a [public] highway
2 between 12 midnight and 5 a.m. unless accompanied by a spouse
3 18 years of age or older, a parent or a person in loco
4 parentis.
5 (2) [A licensed junior driver conforming to the
6 requirements of section 1507 (relating to application for
7 driver's license or learner's permit by minor) may drive a
8 vehicle upon a [public] highway between 12 midnight and 5
9 a.m. between their home and their activity or employment or
10 in the course of their activity or employment if they are a
11 member of a volunteer fire company authorized by the fire
12 chief to engage in fighting fires, engaged in public or
13 charitable service or employed and they are carrying] The
14 restrictions contained in paragraph (1) do not apply to any
15 licensed junior driver while engaged in or commuting to or
16 from their place of employment or public or charitable
17 service, or to any licensed junior driver who is a full
18 member of a volunteer fire company while actually engaged in
19 or commuting to or from a fire. Such junior driver must carry
20 and exhibit upon demand to any police officer or authorized
21 person an affidavit signed by their fire chief, supervisor or
22 employer indicating the probable schedule of their
23 activities. Upon termination of the junior driver's activity
24 or employment, the junior licensee shall surrender the
25 affidavit to the fire chief, supervisor or employer. If the
26 junior licensee shall fail to surrender the affidavit, the
27 employer, fire chief or supervisor shall immediately notify
28 the [Pennsylvania State Police] police.
29 (3) In addition to the other provisions of this title
30 relating to the suspension or revocation of operating
19770H1171B1378 - 26 -
1 privileges, in the event that a licensed junior driver is
2 involved in an accident for which they are partially or fully
3 responsible in the opinion of the department or is convicted
4 of any violation of this title, the department may suspend
5 the operating privileges of such person until the person
6 attains 18 years of age or for a period of time not exceeding
7 90 days.
8 (4) Any junior licensee or other person violating any
9 provision of this subsection is guilty of a summary offense.
10 § 1504. Classes of licenses.
11 * * *
12 (d) Number and description of classes.--Licenses issued by
13 the department shall be classified in the following manner:
14 (1) Class 1.--A Class 1 license shall be issued to those
15 persons who have demonstrated their qualifications to operate
16 a single vehicle not in excess of 30,000 pounds registered
17 gross weight or any such vehicle towing a trailer not in
18 excess of 10,000 pounds gross weight. The holder of a Class 1
19 license shall be authorized to operate a motorized
20 pedalcycle. Any fireman who is the holder of a Class 1
21 license and who has a certificate of authorization from his
22 fire chief, shall be authorized to operate any vehicle
23 registered to the fire department regardless of the other
24 requirements of this section as to the class of license
25 required. The holder of a Class 1 license shall not be deemed
26 qualified to operate buses, school buses or motorcycles
27 unless the license is endorsed as provided in this section.
28 (2) Class 2.--A Class 2 license shall be issued to those
29 persons [over] 18 years of age or older who have demonstrated
30 their qualifications to operate a single vehicle of over
19770H1171B1378 - 27 -
1 30,000 pounds registered gross weight or any bus or any such
2 vehicle towing a trailer not in excess of 10,000 pounds gross
3 weight. The holder of a Class 2 license shall be deemed
4 qualified to operate those vehicles for which a Class 1
5 license is issued, but not school buses or motorcycles unless
6 the license is endorsed as provided in this section.
7 (3) Class 3.--A Class 3 license shall be issued to those
8 persons [over] 18 years of age or older who have demonstrated
9 their qualifications to operate a vehicle while in
10 combination with or towing a trailer in excess of 10,000
11 pounds gross weight. The holder of a Class 3 license shall be
12 deemed qualified to operate those vehicles for which a Class
13 1 or Class 2 license is issued, but not school buses or
14 motorcycles unless the license is endorsed as provided in
15 this section.
16 (4) Class 4.--Persons who have qualified to operate
17 school buses in accordance with this title and the rules and
18 regulations promulgated and adopted by the department shall
19 have the qualification endorsed on the license as provided in
20 this section.
21 (5) Class 5.--Those persons who have demonstrated their
22 qualifications to operate a motorcycle, shall have that
23 qualification endorsed on one of the basic classes of license
24 described in this section. [If a] A person [is] qualified
25 only to operate a motorcycle [he] shall be issued a license
26 with only that qualification endorsed on the license.
27 [(6) Class 6.--Those persons who have demonstrated their
28 qualifications to operate a motor-driven cycle or motorized
29 pedalcycle shall have that qualification endorsed on one of
30 the basic classes of license described in this section. If a
19770H1171B1378 - 28 -
1 person is qualified only to operate a motor-driven cycle or
2 motorized pedalcycle he shall be issued a license with only
3 that qualification endorsed on the license.]
4 (e) Removal of class from license.--
5 (1) The department, having cause to believe that a
6 person is no longer qualified for one or more of the types or
7 classes of licenses enumerated in subsection (a)(2) through
8 (5), may remove the endorsement after 30 days written notice
9 of the removal to the licensee. Any person aggrieved by
10 removal of an endorsement may appeal to the court of common
11 pleas in the manner provided in section 1550 (relating to
12 judicial review).
13 (2) A person with a license endorsed for a class may,
14 upon request, have the endorsement removed by the department
15 without prejudice.
16 § 1505. Learners' permits.
17 * * *
18 (b) Learner must be accompanied.--A learner's permit
19 entitles the person to whom it was issued to drive vehicles and
20 combinations of vehicles of the class or classes specified, but
21 only while the holder of the learner's permit is accompanied by
22 and under the immediate supervision of a person who:
23 (1) is licensed in this Commonwealth to drive vehicles
24 of the class then being driven by the holder of the learner's
25 permit; and
26 (2) is actually occupying a seat beside the holder of
27 the learner's permit, unless the vehicle is a motorcycle, bus
28 or school bus.
29 (c) Operation of motorcycle.--A motorcycle learner's permit
30 entitles the person to whom it is issued to operate a motorcycle
19770H1171B1378 - 29 -
1 only between sunrise and sunset [and, except for a driver
2 licensed to drive another class of vehicle, only while under the
3 instruction and immediate supervision of a licensed motorcycle
4 operator]. Motorcycle learners shall not carry any passenger
5 other than [an instructor properly] a person licensed to operate
6 a motorcycle.
7 * * *
8 (e) Learners under 18 years of age.--A learner under the age
9 of 18 years shall not drive a vehicle upon a highway between 12
10 midnight and 5 a.m.
11 § 1507. Application for driver's license or learner's permit
12 by minor.
13 * * *
14 (d) Withdrawal of consent.--Any person who has signed the
15 application of a person under the age of 18 years for a driver's
16 license or learner's permit may thereafter file with the
17 department a verified written request that the driver's license
18 or learner's permit of the person be [cancelled] suspended and
19 the department shall [cancel] suspend the driver's license or
20 learner's permit.
21 § 1509. Qualifications for Class 4 license.
22 (a) School bus driver requirements.--No person shall be
23 issued a Class 4 license unless the person:
24 (1) has [successfully completed] enrolled in a course of
25 instruction as provided in subsection (c);
26 (2) has satisfactorily passed an annual physical
27 examination [to be] given by [the] a physician [for the
28 school district by which the person is employed]; and
29 (3) is 18 years of age or older.
30 * * *
19770H1171B1378 - 30 -
1 § 1511. [Carrying and exhibiting] Driver to possess
2 driver's license. [on demand.
3 (a) General rule.--]Every licensee shall possess [a] their
4 driver's license [issued to the licensee at all times] when
5 driving a motor vehicle. [and shall exhibit the license upon
6 demand by a police officer, and when requested by the police
7 officer the licensee shall write the licensee's name in the
8 presence of the officer in order to provide identity.]
9 (b) Production to avoid penalty.--No person shall be
10 [convicted of] charged with violating this section or section
11 1501(a) (relating to drivers required to be licensed) if the
12 person produces at the office of the [issuing authority or the
13 arresting] investigating officer within five days [a driver's
14 license valid in this Commonwealth at the time of the arrest.]
15 of the violation:
16 (1) a driver's license valid in this Commonwealth at the
17 time of the arrest; or
18 (2) if the driver's license is lost, stolen, destroyed
19 or illegible, a notarized or photostatic copy of an
20 application for a duplicate.
21 § 1513. Duplicate and substitute drivers' licenses and
22 learners' permits.
23 (a) General rule.--If a learner's permit or driver's license
24 issued under the provisions of this chapter is [mutilated,]
25 lost, stolen, destroyed or becomes illegible, the person to whom
26 it was issued, upon furnishing proof satisfactory to the
27 department that the license or permit has been [mutilated,]
28 lost, stolen, destroyed, or has become illegible, shall obtain a
29 duplicate or substitute license or permit upon payment of the
30 required fee.
19770H1171B1378 - 31 -
1 * * *
2 § 1514. Expiration and renewal of drivers' licenses.
3 (a) General rule.--Every driver's license shall expire in
4 the month of the licensee's birthdate at intervals of not more
5 than four years as may be determined by the department. Every
6 license shall be renewable on or before its expiration upon
7 application, payment of the required fee, and satisfactory
8 completion of any examination required or authorized by this
9 chapter.
10 (b) Examination of applicants for renewal.--The department
11 may require persons applying for renewal of a driver's license
12 to take and successfully pass [a physical examination or a
13 vision examination by an optometrist or ophthalmologist, or both
14 examinations,] one or more of the examinations authorized under
15 this subchapter if the department has reason to believe, either
16 based on knowledge of the person or on statistical inference,
17 that the person may be a traffic safety hazard. [The department
18 may require the applicant to take and successfully pass such
19 additional tests as the department may find reasonably necessary
20 to determine the applicant's qualification according to the type
21 or general class of license applied for and such examination may
22 include any or all of the other tests required or authorized
23 upon original application by section 1508 (relating to
24 examination of applicant for driver's license)]
25 (1) A vision exam may be administered by an optometrist
26 or by an ophthalmologist, or may be administered at an
27 official examination station.
28 (2) Upon refusal or neglect of the person to submit to
29 [the] any examination, the [driver's license shall not be
30 renewed] operating privilege shall be suspended until such
19770H1171B1378 - 32 -
1 time as the examination is successfully completed.
2 (3) For the purposes of this section, renewal shall
3 include application for a driver's license after a lapse of
4 not more than four years.
5 (c) Reexamination requested by court.--The department shall
6 reexamine any person when requested to do so by a court. Upon
7 the conclusion of such examination, the department may take any
8 of the actions described in subsection (b) and shall report its
9 findings and action to the court if such report is requested.
10 (d) Military personnel and dependents.--Notwithstanding
11 subsection (a), a driver's license held by any person who enters
12 or is on active service in the armed forces of the United States
13 or the spouse or dependent child of the member of the armed
14 forces who resides with such person shall continue in full force
15 and effect so long as the active service continues and the
16 person is absent from this Commonwealth, and for a further
17 period of 45 days following the date of the person's discharge
18 or separation from active service or return to this
19 Commonwealth, unless the driver's license is sooner suspended,
20 cancelled or revoked for cause according to law. A driver's
21 license which otherwise would have expired under subsection (a)
22 shall be valid only if the licensee has in immediate possession,
23 together with the driver's license, papers indicating actual
24 service outside this Commonwealth, or discharge or separation,
25 as the case may be, or proof thereof if a spouse or child.
26 (e) Learner's permit upon examination failure.--Any driver
27 or applicant who fails any driving examination required or
28 authorized under subsection (b) or (c) may be issued a special
29 learner's permit authorizing such person to drive only a motor
30 vehicle equipped with dual operating control or devices while
19770H1171B1378 - 33 -
1 being accompanied by an instructor of an approved driver
2 training program. Upon successful completion of an approved
3 driver training program, the driver or applicant shall be
4 afforded a special examination by such agencies as the secretary
5 may direct, and upon successful completion of such examination
6 the operating privilege shall be restored.
7 § 1515. Notice of change of name or address.
8 Whenever any person after applying for or receiving a
9 driver's license moves from the address named in the application
10 or in the driver's license issued or when the name of a licensee
11 is changed such person shall, within 15 days thereafter, notify
12 the department in writing of the [old and new addresses] new
13 address or of such former and new names and of the number of any
14 license then held by the person.
15 § 1519. Determination of incompetency.
16 (a) General rule.--The department, having cause to believe
17 that a licensed driver or applicant may not be physically or
18 mentally qualified to be licensed, may [obtain the advice of a
19 physician who shall cause an examination to be made or who shall
20 designate any other qualified physician. The licensed driver or
21 applicant may cause a written report to be forwarded to the
22 department by a physician of the driver's or applicant's
23 choice.] require an examination to be given by a qualified
24 physician of the driver's or applicant's choice and such
25 additional tests as the department may find necessary. Vision
26 qualifications shall be determined by an optometrist or
27 ophthalmologist. [The department shall appoint one or more
28 qualified persons who shall consider all medical reports and
29 testimony and determine the competency of the driver or the
30 applicant to drive.]
19770H1171B1378 - 34 -
1 (b) Review of medical reports.--The department shall appoint
2 one or more qualified persons who shall consider all medical
3 reports and testimony.
4 (c) Supplemental driver's test.--The department may also
5 require a supplemental driver's test in order to determine the
6 driving competency of the applicant or driver.
7 (d) Suspension upon refusal.--The department shall suspend
8 the operating privilege of any driver or applicant who refuses
9 to comply with the requirements of this section until such time
10 as the driver or applicant does comply.
11 [(b)] (e) Confidentiality of reports and evidence.--Reports
12 received by the department for the purpose of assisting the
13 department in determining whether a person is qualified to be
14 licensed are for the confidential use of the department and may
15 not be divulged to any person or used as evidence in any trial
16 except that the reports may be admitted in proceedings under
17 subsection [(c)] (f) and any physician or optometrist conducting
18 an examination pursuant to subsection (a) may be compelled to
19 testify concerning observations and findings in such
20 proceedings. The party calling the physician or optometrist as
21 an expert witness shall be obliged to pay the reasonable fee for
22 such testimony.
23 [(c) Recall] (f) Suspension of operating privilege.--The
24 department shall [recall] suspend the operating privilege of any
25 person whose incompetency has been established under the
26 provisions of this chapter. The [recall] suspension shall be for
27 an indefinite period until satisfactory evidence is presented to
28 the department in accordance with regulations to establish that
29 such person is competent to drive a motor vehicle. [Any person
30 aggrieved by recall of the operating privilege may appeal to the
19770H1171B1378 - 35 -
1 court of common pleas in the manner provided in section 1551
2 (relating to judicial review).]
3 § 1532. [Revocation or suspension] Suspension or
4 revocation of operating privilege.
5 (a) [Revocation] One year suspension.--The department shall
6 [revoke] suspend the operating privilege of any driver of a
7 motor vehicle for one year upon receiving a certified record of
8 the driver's conviction of any of the following [offenses]:
9 (1) Any felony in the commission of which [a court] the
10 judge determines that a motor vehicle was essentially
11 involved.
12 (2) Any subsequent [violation of] conviction under
13 section 3731 (relating to driving under influence of alcohol
14 or controlled substance) within three years of a prior
15 violation.
16 (3) Any [violation of] conviction under the following
17 provisions:
18 Section 3732 (relating to homicide by vehicle).
19 Section 3742 (relating to accidents involving death
20 or personal injury).
21 Section 7102(b) (relating to removal or falsification
22 of identification number).
23 Section 7103(b) (relating to dealing in vehicles with
24 removed or falsified numbers).
25 Section 7111 (relating to dealing in titles and
26 plates for stolen vehicles).
27 Section 7121 (relating to false application for
28 certificate of title or registration).
29 Section 7122 (relating to altered, forged or
30 counterfeit documents and plates).
19770H1171B1378 - 36 -
1 (b) [Suspension] Six-month suspension.--
2 (1) The department shall suspend the operating privilege
3 of any driver of a motor vehicle for six months upon
4 receiving a certified record of the driver's conviction of
5 any [offense under] of the following [provisions]:
6 Section 3367 (relating to racing on highways).
7 Section 3731 (relating to driving under influence of
8 alcohol or controlled substance).
9 Section 3733 (relating to fleeing or attempting to
10 elude police officer).
11 Section 3734 (relating to driving without lights to
12 avoid identification or arrest).
13 Section 3743 (relating to accidents involving damage
14 to attended vehicle or property).
15 Any misdemeanor in the commission of which the judge
16 determines that a motor vehicle was essentially involved
17 except that no person shall be suspended for violating a
18 regulation of the Hazardous Substances Transportation
19 Board unless the board recommends the suspension.
20 (2) The department shall suspend the operating privilege
21 of any driver of a motor vehicle for six months upon
22 receiving a certified record of the driver's conviction of a
23 subsequent offense under [the following provisions:
24 Section 1501(a) (relating to drivers required to be
25 licensed).
26 Section 1543 (relating to driving while operating
27 privilege is suspended or revoked)] section 1501(a)
28 (relating to drivers required to be licensed).
29 [(3) This subsection does not effect an additional
30 period of revocation of the operating privileges of a driver
19770H1171B1378 - 37 -
1 who receives an additional period of revocation for a second
2 or subsequent violation of section 1543.]
3 (c) Court ordered suspensions and revocations.--The
4 department shall suspend or revoke the operating privilege of
5 any driver upon order of any court or commission duly authorized
6 under the laws of this Commonwealth and empowered by such laws
7 to make such orders.
8 § 1533. Suspension of operating privilege for failure to
9 respond to citation or summons.
10 (a) Commonwealth violations.--The department shall suspend
11 the operating privilege of any person who has failed to respond
12 to a citation or summons to appear before a court of competent
13 jurisdiction of this Commonwealth [or of any state] for any
14 violation of this title, other than parking, or who has failed
15 to pay any fine or costs imposed by such court, upon being duly
16 notified in accordance with the Pennsylvania Rules of Civil and
17 Criminal Procedure.
18 (b) Notification.--[There shall be] Before any person is
19 suspended under this section they shall have 15 days to respond
20 to [such] the notification [before suspension is imposed].
21 (c) Period of Suspension.--The suspension shall [be for an
22 indefinite period] continue until such person shall respond to
23 any citation, summons or writ and pay any fines and penalties
24 imposed. Such suspension shall be in addition to the requirement
25 of withholding renewal or reinstatement of a violator's driver's
26 license as prescribed in section [1503(c)] 1503(a) (relating to
27 persons ineligible for licensing).
28 [§ 1534. Notice of acceptance of Accelerative Rehabilitative
29 Disposition.
30 If a person is arrested for any offense enumerated in section
19770H1171B1378 - 38 -
1 1532 (relating to revocation or suspension of operating
2 privilege) and is offered and accepts Accelerative
3 Rehabilitative Disposition under the Pennsylvania Rules of
4 Criminal Procedure, the court shall promptly notify the
5 department.]
6 § 1535. Schedule of convictions and points.
7 (a) General rule.--A point system for driver education and
8 control is hereby established which is related to other
9 provisions for use, suspension and revocation of the operating
10 privilege as specified under this title. Every driver licensed
11 in this Commonwealth who is convicted of any of the following
12 offenses shall be assessed points as of the date of violation in
13 accordance with the following schedule:
14 Section Number Offense Points
15 1512 Violation of restriction on
16 driver's license. 2
17 1571 Violations concerning licenses. 3
18 3102 Failure to obey policeman or
19 authorized person. 2
20 3111(a) Disobedience to traffic-control
21 devices. 3
22 3112(a)(3)(i) Failure to stop for a red light. 3
23 3114(a)(1) Failure to stop for a flashing
24 red light. 3
25 3302 Failure to yield half of roadway
26 to oncoming vehicle. 3
27 3303 Improper passing. 3
28 3304 Other improper passing. 3
29 3305 Other improper passing. 3
30 3306(a)(1) Other improper passing. 4
19770H1171B1378 - 39 -
1 3306(a)(2) Other improper passing. 3
2 3306(a)(3) Other improper passing. 3
3 3307 Other improper passing. 3
4 3310 Following too closely. 3
5 3321 Failure to yield to driver on the
6 right at intersection. 3
7 3322 Failure to yield to oncoming
8 driver when making left turn. 3
9 3323(b) Failure to stop for stop signs. 3
10 3324 Failure to yield when entering or
11 crossing roadway between inter-
12 sections. 3
13 3332 Improper turning around. 3
14 3341 Failure to stop for flashing red
15 lights or gate at railroad
16 crossing. 3
17 3344 Failure to stop when entering from
18 alley, driveway or building. 3
19 3345(a) Failure to stop for school bus
20 with flashing red lights. 5
21 (and 30 days suspension)
22 3361 Driving too fast for conditions. 2
23 3362 Exceeding maximum speed.--Over Limit:
24 6-10 2
25 11-15 3
26 16-25 4
27 26-30 5
28 31-over 5
29 (and departmental hearing
30 and sanctions provided
19770H1171B1378 - 40 -
1 under section 1538(d))
2 3365(b) Exceeding special speed limit
3 in school zones. 3
4 3365(c) Exceeding special speed limit
5 for trucks on downgrades. 3
6 3542(a) Failure to yield to pedestrians in
7 crosswalk. 2
8 3547 Failure to yield to pedestrian on
9 sidewalk. 3
10 3549(a) Failure to yield to blind
11 pedestrian. 3
12 3702 Improper backing. 3
13 3714 Reckless driving. 3
14 3745 Leaving scene of accident
15 involving property damage only. 4
16 § 1538. School, examination or hearing on accumulation of
17 points or excessive speeding.
18 * * *
19 (b) Second accumulation of six points.--
20 (1) When any person's record has been reduced below six
21 points and for the second time shows as many as six points,
22 the department shall require the person to attend a
23 departmental hearing. The hearing examiner may recommend one
24 or more of the following:
25 (i) That the person be required to attend a driver
26 improvement school.
27 (ii) That the person undergo [an] a special
28 examination [as provided for in section 1508 (relating to
29 examination of applicant for driver's license)].
30 (iii) That the person's driver's license be
19770H1171B1378 - 41 -
1 suspended for a period not exceeding 15 days.
2 (2) The department may effect or modify the
3 recommendations of the hearing examiner but may not impose
4 any sanction not recommended by the hearing examiner.
5 (3) Upon completion of the sanction or sanctions imposed
6 by the department, two points shall be removed from the
7 person's record.
8 (4) Failure to attend the hearing or to attend and
9 satisfactorily complete the requirements of a driver
10 improvement school shall result in the suspension of such
11 person's operating privilege for 60 days. Failure to pass an
12 examination shall result in the suspension of such person's
13 operating privilege until the examination has been
14 satisfactorily completed.
15 * * *
16 (d) Conviction for excessive speeding.--
17 (1) When any person is convicted of driving 31 miles per
18 hour or more in excess of the speed limit, the department
19 shall require the person to attend a departmental hearing.
20 The hearing examiner may recommend one or more of the
21 following:
22 (i) That the person be required to attend a driver
23 improvement school.
24 (ii) That the person undergo [an] a special
25 examination as provided for in section 1508 (relating to
26 examination of applicant for driver's license).
27 (iii) That the person have his driver's license
28 suspended for a period not exceeding 15 days.
29 (2) The department shall effect at least one of the
30 sanctions but may not increase any suspension beyond 15 days.
19770H1171B1378 - 42 -
1 (3) Failure to attend the hearing or to attend and
2 satisfactorily complete the requirements of a driver
3 improvement school shall result in the suspension of such
4 person's operating privilege for 60 days. Failure to pass an
5 examination shall result in the suspension of such person's
6 operating privilege until the examination has been
7 satisfactorily completed.
8 (e) Payment of fees.--Any person required to attend a driver
9 improvement school or departmental hearing or to undergo a
10 special examination shall pay the applicable fee.
11 § 1539. Suspension of operating privilege on accumulation of
12 points.
13 * * *
14 (c) Determination of subsequent suspensions.--Every
15 suspension under this section and [revocation] under [any
16 provision of this subchapter] section 1532 (relating to
17 suspension or revocation of operating privilege) shall be
18 counted in determining whether a suspension is a second, third
19 or subsequent suspension. [Acceptance of Accelerative
20 Rehabilitative Disposition for an offense enumerated in section
21 1532 (relating to revocation or suspension of operating
22 privilege) shall be considered a suspension in making such
23 determination.]
24 * * *
25 § 1540. Surrender of license.
26 (a) Conviction of offense.--Upon a conviction by a court of
27 record for any offense which calls for mandatory [revocation]
28 suspension in accordance with section 1532 (relating to
29 [revocation or] suspension or revocation of operating
30 privilege), the court or the district attorney shall require the
19770H1171B1378 - 43 -
1 surrender of any driver's license then held by the defendant and
2 shall forward the driver's license together with a record of the
3 conviction to the department.
4 (b) Suspension of operating privilege.--Upon the suspension
5 of the operating privilege of any person by the department, the
6 department shall forthwith notify the person in writing to
7 surrender his driver's license to the department for the term of
8 suspension.
9 § 1541. Period of revocation or suspension of operating
10 privilege.
11 (a) Commencement of period.--The period of revocation or
12 suspension of the operating privilege shall commence on the date
13 on which the driver's license [was] is surrendered to and
14 received by the court or on a date determined by the department,
15 as the case may be, except that if the driver's license is
16 surrendered to the department prior to the date determined by
17 the department the suspension or revocation shall commence on
18 the date surrendered. The period of revocation or suspension of
19 a nonresident licensed driver or an unlicensed driver shall
20 commence [on the date of conviction, or in the case of a
21 revocation or suspension without a conviction, in accordance
22 with its regulations] on a date determined by the department.
23 The department may, upon request of the person whose license is
24 suspended delay the commencement of the period of suspension for
25 a period not exceeding six months whenever the department
26 determines that failure to grant the extension will result in
27 hardship to the person whose license has been suspended.
28 * * *
29 (c) Restoration of revoked operating privilege.--Any person
30 whose operating privilege has been revoked pursuant to section
19770H1171B1378 - 44 -
1 1542 (relating to revocation of habitual offender's license) is
2 not entitled to automatic restoration of the operating
3 privilege. Such person may apply for a license if permitted
4 under the provisions of this chapter and shall be issued a
5 learner's permit under section 1505 (relating to learners'
6 permits) upon expiration of the revocation.
7 § 1542. Revocation of habitual offender's license.
8 * * *
9 (b) Offenses enumerated.--Three convictions arising from
10 separate acts of any one or more of the following offenses
11 committed either singularly or in combination by any person
12 shall result in such person being designated as a habitual
13 offender:
14 (1) Any offense set forth in section 1532(a) or (b)
15 (relating to [revocation or] suspension or revocation of
16 operating privilege).
17 (2) Operation following suspension of registration as
18 defined in section 1371 (relating to operation following
19 suspension of registration).
20 (3) Making use of or operating any vehicle without the
21 knowledge or consent of the owner or custodian thereof.
22 (4) Utilizing a vehicle in the unlawful transportation
23 or unlawful sale of alcohol or any controlled substance.
24 (5) Any felony in the commission of which a court
25 determines that a vehicle was essentially involved.
26 (6) Driving under suspension or revocation as defined in
27 section 1543 (relating to driving while operating privilege
28 is suspended or revoked).
29 [(c) Accelerative Rehabilitative Disposition as an
30 offense.--Acceptance of Accelerative Rehabilitative Disposition
19770H1171B1378 - 45 -
1 for any offense enumerated in subsection (b) shall be considered
2 an offense for the purposes of this section.]
3 [(d)] (c) Period of revocation.--The operating privilege of
4 any person found to be a habitual offender under the provisions
5 of this section shall be revoked by the department for a period
6 of five years.
7 [(e)] (d) Additional offenses.--Any additional offense
8 committed within a period of five years shall result in a
9 revocation for an additional period of two years.
10 § 1543. Driving while operating privilege is suspended or
11 revoked.
12 (a) Offense defined.--Any person who drives a motor vehicle
13 on any highway of this Commonwealth at a time when the operating
14 privilege is suspended or revoked [or recalled] is guilty of a
15 summary offense and shall, upon conviction, be sentenced to pay
16 a fine of $200.
17 (b) Extending existing suspension [or revocation].--
18 (1) The department, upon receiving a certified record of
19 the conviction of any person under this section upon a charge
20 of driving a vehicle while the operating privilege was
21 suspended for six months or less, shall [revoke] suspend such
22 privilege for an additional period of six months.
23 (2) If the conviction was upon a charge of driving while
24 the operating privilege was suspended for more than six
25 months, the department shall suspend such privilege for an
26 additional period of one year.
27 (3) If the conviction was upon a charge of driving while
28 the operating privilege was revoked, the department shall
29 revoke the operating privilege for an additional period of
30 [one year] two years.
19770H1171B1378 - 46 -
1 § 1545. Restoration of operating privilege.
2 Upon the restoration of any person's operating privilege
3 which has been suspended [or revoked pursuant to this
4 subchapter,] pursuant to section 1539 (relating to suspension of
5 operating privilege on accumulation of points), such person's
6 record shall show five points, except that any additional points
7 assessed against the person since the date of the last violation
8 resulting in the suspension [or revocation] shall be added to
9 such five points unless the person has served an additional
10 period of suspension [or revocation] pursuant to section 1544(a)
11 (relating to additional period of revocation or suspension).
12 § 1547. Chemical test to determine amount of alcohol.
13 (a) General rule.--[Any person who operates] Every driver of
14 a motor vehicle in this Commonwealth shall be deemed to have
15 given consent to a chemical test of breath or blood for the
16 purpose of determining the alcoholic content of blood if a
17 police officer shall have reasonable grounds to believe the
18 person to have been driving a motor vehicle while under the
19 influence of alcohol to a degree which rendered the person
20 incapable of safe driving. The test shall be administered by
21 qualified personnel and with equipment approved by the
22 department. Qualified personnel means a physician or a
23 technician acting under the physician's direction or a police
24 officer who has fulfilled the training requirements in the use
25 of such equipment in a training program approved by the
26 department.
27 (b) Suspension for refusal.--
28 (1) If any person placed under arrest for driving under
29 the influence of alcohol is requested to submit to a chemical
30 test and refuses to do so, the test shall not be given but
19770H1171B1378 - 47 -
1 upon notice by the police officer, the department [shall]
2 may:
3 (i) suspend the operating privilege of the person
4 for a period of six months; or
5 (ii) [revoke] suspend the operating privilege of the
6 person for a period of one year for a second or
7 subsequent refusal within a period of three years.
8 (2) It shall be the duty of the police officer to inform
9 the person that the person's operating privilege [will] may
10 be suspended [or revoked] upon refusal to submit to a
11 chemical test.
12 (3) Any person whose operating privilege is suspended
13 under the provisions of this section shall have the same
14 right of appeal as provided for in cases of suspension or
15 revocation for other reasons.
16 * * *
17 (d) Presumptions from amount of alcohol.--If chemical
18 analysis of a person's breath or blood shows:
19 (1) That the amount of alcohol by weight in the blood of
20 the person tested is 0.05% or less, it shall be presumed that
21 the person tested was not under influence of alcohol to a
22 degree which renders the person incapable of safe driving and
23 the person shall not be charged with any violation under
24 section 3731(a)(1) (relating to driving under influence of
25 alcohol or controlled substance), or if the person was so
26 charged prior to the test, the charge shall be void ab
27 initio.
28 (2) That the amount of alcohol by weight in the blood of
29 the person tested is in excess of 0.05% but less than 0.10%,
30 this fact shall not give rise to any presumption that the
19770H1171B1378 - 48 -
1 person tested was or was not under the influence of alcohol
2 to a degree which renders the person incapable of safe
3 driving, but this fact may be considered with other competent
4 evidence in determining whether the person was or was not
5 under the influence of alcohol to a degree which renders the
6 person incapable of safe driving.
7 (3) That the amount of alcohol by weight in the blood of
8 the person tested is 0.10% or more, it shall be presumed that
9 the defendant was under the influence of alcohol to a degree
10 which renders the person incapable of safe driving.
11 * * *
12 § 1549. Establishment of schools.
13 * * *
14 (b) Course of instruction on alcohol and driving.--The
15 [department in conjunction with the] Governor's Council on Drug
16 and Alcohol Abuse shall establish and maintain a course of
17 instruction on the problems of alcohol and driving. The
18 curriculum of the course of instruction [established by the
19 department and the Governor's Council on Drug and Alcohol Abuse]
20 shall be uniform throughout this Commonwealth and shall be
21 reviewed by [the department and] the Governor's Council on Drug
22 and Alcohol Abuse on an annual basis.
23 § 1550. Identification of driver.
24 (a) Agreement to reveal identity of driver.--Any person to
25 whom a motor vehicle is titled or registered in this
26 Commonwealth is deemed to have agreed:
27 (1) To reveal the identity of the driver of the vehicle,
28 if known, to any police officer who shall have reasonable
29 grounds to believe the vehicle was involved in an accident or
30 any violation of the law.
19770H1171B1378 - 49 -
1 (2) To accept responsibility for any parking violation
2 in which the vehicle is involved and make payment of any fine
3 levied for such violation.
4 (b) Suspension for refusal.--
5 (1) If any person to whom a motor vehicle is titled or
6 registered in this Commonwealth shall refuse to reveal the
7 identity of the driver of the vehicle as provided in
8 subsection (a)(1), the department shall:
9 (i) suspend the operating privilege of the person
10 for a period of six months; or
11 (ii) suspend the operating privilege of the person
12 for a period of one year for a second or subsequent
13 refusal within the period of three years.
14 (2) It shall be the duty of the police officer to inform
15 the person that the person's operating privilege will be
16 suspended upon refusal to reveal the identity of the driver
17 of the vehicle.
18 (3) Any person whose operating privilege is suspended
19 under the provisions of this section shall have the same
20 right to appeal as provided for in cases of suspension for
21 other reasons.
22 [§ 1550] § 1551. Judicial review.
23 (a) General rule.--Any person denied a driver's license or
24 whose operating privilege has been [recalled, canceled,]
25 suspended or revoked by the department shall have the right to
26 appeal by filing a petition within 30 days from the date notice
27 is mailed for a hearing in the court of common pleas of the
28 county in which the driver resides or, in the case of
29 [cancellation,] suspension or revocation of a nonresident's
30 operating privilege, in the county in which the offense giving
19770H1171B1378 - 50 -
1 rise to the [recall, cancellation,] suspension or revocation
2 occurred. Notice of the appeal shall be served upon one of the
3 department's legal offices.
4 (b) Supersedeas.--[The filing] Filing and service of the
5 petition shall operate as a supersedeas and no [recall,]
6 suspension[, cancellation] or revocation which has been appealed
7 shall be imposed against such person until final determination
8 of the matter.
9 (c) Jurisdiction and proceedings of court.--The court is
10 hereby vested with jurisdiction and it shall be its duty to set
11 the matter for hearing forthwith upon 30 days written notice to
12 the department and to determine whether the [petitioner is in
13 fact the person whose] petitioner's operating privilege [is
14 subject to the recall, suspension, cancellation or revocation]
15 should be suspended or revoked, or the person's endorsement
16 removed.
17 [§ 1551] § 1552. Notice of [suspension of licenses or
18 permits.] department action.
19 The department shall [promptly] notify each person [whose
20 license or permit is suspended] of any action taken pursuant to
21 section 1538 (relating to school, examination or hearing on
22 accumulation of points) or section 1539 (relating to suspension
23 of operating privilege on accumulation of points) as a result of
24 the accumulation of points. [The notification that the license
25 or permit is suspended shall be made] Notification shall be
26 mailed within six months [following] of receipt by the
27 department of notice of the conviction [of a violation of this
28 title] that resulted in the addition of sufficient points to
29 cause the [suspension] department action. Failure of the
30 department to give [prompt] notice of [suspension] the action as
19770H1171B1378 - 51 -
1 required by this section shall prohibit the department from
2 [suspending the license or permit of such person.] taking such
3 action.
4 § 1571. Violations concerning licenses.
5 (a) Offenses defined.--It is unlawful for any person:
6 (1) To exhibit or cause or permit to be exhibited or
7 have in possession any [recalled, canceled,] suspended,
8 revoked, fictitious or fraudulently altered driver's license.
9 (2) To sell or lend a driver's license to any other
10 person or permit the use thereof by another.
11 (3) To exhibit or represent as one's own any driver's
12 license not issued to the person.
13 (4) To fail or refuse to surrender to the department
14 upon lawful demand a recalled, canceled, suspended, revoked,
15 fictitious or fraudulently altered driver's license.
16 (b) Penalty.--Any person violating any of the provisions of
17 this section is guilty of a summary offense and shall, upon
18 conviction, be sentenced to pay a fine of $100.
19 § 1572. [Cancellation] Suspension of driver's license.
20 (a) The department [may cancel any driver's license] shall
21 suspend a person's operating privilege for six months upon
22 determining that the licensee was not entitled to the issuance
23 or that the person failed to give the required or correct
24 information or committed fraud in making the application or in
25 obtaining the license [or the fee has not been paid. Upon the
26 cancellation, the licensee shall immediately surrender the
27 canceled license to the department].
28 (b) Nonpayment of fee.--The department shall suspend a
29 person's operating privilege upon determining that the fee is
30 not paid. The suspension shall remain in effect until the
19770H1171B1378 - 52 -
1 required fee and penalty have been paid.
2 § 1573. Driving under foreign license during suspension or
3 revocation.
4 Any resident or nonresident whose operating privilege to
5 drive a motor vehicle in this Commonwealth has been [recalled,
6 canceled,] suspended or revoked as provided in this title shall
7 not drive a motor vehicle in this Commonwealth under a license
8 or permit issued by any other jurisdiction or otherwise during
9 the suspension or after the [recall, cancellation or] revocation
10 until a new driver's license is obtained when and as permitted
11 under this chapter.
12 § 1901. Exemption of entities and vehicles from fees.
13 (a) Governmental and quasi-governmental entities.--Except as
14 otherwise specifically provided in this title, no fees shall be
15 charged under this title to any of the following:
16 (1) The Commonwealth.
17 (2) Political subdivisions of this Commonwealth.
18 (3) [State and local authorities.] Governmental
19 authorities organized under the laws of this Commonwealth.
20 (4) The Federal Government.
21 (5) Other states.
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 (1) Hospital.
29 (2) Humane society.
30 (3) Nonprofit youth center.
19770H1171B1378 - 53 -
1 (4) American Red Cross.
2 (5) Church.
3 (6) Girl Scouts of America.
4 (7) Boy Scouts of America.
5 (8) Salvation Army.
6 (9) Duly chartered posts of national veterans'
7 organizations.
8 (10) Young Men's Christian Association.
9 (11) Young Men's Hebrew Association.
10 (12) Young Women's Christian Association.
11 (13) Young Women's Hebrew Association.
12 (14) Jewish Community Center.
13 (15) Nonprofit corporations of musical marching groups
14 of youths.
15 (16) Any person who is retired and receiving social
16 security or other pension and whose total income does not
17 exceed $7,500 per year. Unless the retired person is
18 physically or mentally incapable of driving the vehicle, the
19 retired person shall be the principal driver of the vehicle
20 but may from time to time authorize another person to drive
21 the vehicle in his or her stead.
22 (17) Any veteran [who lost a limb or eye or who became
23 partially paralyzed while serving in the armed forces of the
24 United States] who is not totally disabled but who lost one
25 or more limbs or eyes or is partially paralyzed and whose
26 disability is certified by the United States Veterans'
27 Administration as service-connected.
28 * * *
29 § 1914. Motorcycles.
30 The annual fee for registration of a motorcycle other than a
19770H1171B1378 - 54 -
1 [motor-driven cycle] motorized pedalcycle shall be $12.
2 § 1915. [Motor-driven cycles] Motorized pedalcycle.
3 The annual fee for registration of a [motor-driven cycle]
4 motorized pedalcycle shall be $6.
5 § 1916. Trucks and truck tractors.
6 The annual fee for registration of a truck or truck tractor
7 shall be determined by its registered gross weight or
8 combination weight in pounds according to the following table:
9 Class Registered Fee
10 Gross or Combination
11 Weight in Pounds
12 1 5,000 or less $ 39
13 2 5,001 - 7,000 [52]
14 51
15 3 7,001 - 9,000 84
16 4 9,001 - 11,000 108
17 5 11,001 - 14,000 132
18 6 14,001 - 17,000 156
19 7 17,001 - 21,000 192
20 8 21,001 - 26,000 216
21 9 26,001 - 30,000 252
22 10 30,001 - 33,000 300
23 11 33,001 - 36,000 324
24 12 36,001 - 40,000 342
25 13 40,001 - 44,000 360
26 14 44,001 - 48,000 384
27 15 48,001 - 52,000 420
28 16 52,001 - 56,000 444
29 17 56,001 - 60,000 501
30 18 60,001 - 64,000 552
19770H1171B1378 - 55 -
1 19 64,001 - 68,000 576
2 20 68,001 - 73,280 606
3 § 1917. [Motor buses.] Buses.
4 The annual fee for registration of a [motor] bus other than a
5 school bus shall be determined by its seating capacity according
6 to the following table:
7 Seating Capacity Fee
8 26 or less $6 per seat
9 27 - 51 156 plus $7.50 per seat
10 in excess of 26
11 52 or more 360
12 § 1919. Electric vehicles.
13 The annual fee for registration of a vehicle which is
14 propelled by electric power shall be $12 unless such vehicle
15 qualifies for a lesser fee under another provision of this
16 subchapter.
17 § 1923. Antique and [classic] historic vehicles.
18 The fee for registration of an antique or [classic] historic
19 motor vehicle shall be $50.
20 § 1926. Dealers and miscellaneous motor vehicle business.
21 * * *
22 (c) [Motor-driven cycle] Motorized pedalcycle dealers.--The
23 annual fee for each dealer registration plate issued to a
24 [motor-driven cycle] motorized pedalcycle dealer shall be $6.
25 § 1943. Annual hauling permits.
26 * * *
27 (b) Implements of husbandry.--The annual fee for operation
28 or movement of oversize [self-propelled] implements of
29 husbandry, as provided for in section 4967 (relating to permit
30 for movement of implements of husbandry), shall be $20 for the
19770H1171B1378 - 56 -
1 first implement and $5 for each additional implement.
2 * * *
3 § 1944. Utility construction equipment.
4 The fee for a permit for each item of oversized or overweight
5 utility construction equipment as provided for in section 4970
6 (relating to permit for movement of utility construction
7 equipment) shall be $50.
8 § [1944] 1945. Mobile homes and similar trailers.
9 The fee for a special hauling permit for a mobile home or
10 similar trailer which exceeds the maximum size prescribed in
11 this title shall be $20.
12 § [1945] 1946. Books of permits.
13 (a) General rule.--Upon request, permits for movement of
14 oversize vehicles or loads, the dimensions of which do not
15 exceed those specified by the department, will be issued in
16 booklet form, containing a convenient number of permits. For
17 each movement, one permit shall be removed from the booklet,
18 dated, trip data entered and securely affixed to the vehicle or
19 load.
20 (b) Penalty.--Any person violating any of the provisions of
21 this section is guilty of a summary offense and shall, upon
22 conviction, be sentenced to pay a fine of $500.
23 § [1946] 1947. Movements requiring special escort.
24 When a special escort is required, as provided for in section
25 4962 (relating to conditions of permits and security for
26 damages), the cost of the escort shall be added to the permit
27 fee. The department, the Pennsylvania State Police and local
28 authorities may establish schedules of fees for escort costs
29 based on mileage or otherwise.
30 § [1947] 1948. Refund of certain fees.
19770H1171B1378 - 57 -
1 The portion of the fee of an unused overweight permit based
2 on ton-miles or the fee for an unused escort, or both, may be
3 refunded upon payment of a processing fee of $10.
4 § 1951. Driver's license and learner's permit.
5 (a) Driver's license.--The annual fee for a driver's license
6 shall be $5 [plus the cost of the photograph required in section
7 1510(a) (relating to issuance and content of driver's license)].
8 (b) Learner's permit.--The fee for a learner's permit shall
9 be $5.
10 (c) Identification card.--The fee for an identification card
11 shall be $5.
12 (d) Replacement license or card.--The fee for a replacement
13 driver's license or identification card shall be $5.
14 (e) Photograph.--In addition to the fees set forth in this
15 section, the department shall charge the cost of the photograph
16 required by section 1510 (relating to issuance and content of
17 driver's license).
18 § 1953. Security interest.
19 The fee for recording or changing [the amount of] a security
20 interest on a certificate of title shall be $5.
21 § 1955. Information concerning drivers and vehicles.
22 (a) Registrations, titles and security interests.--The fee
23 for copies of or information relating to a driver's license,
24 learner's permit, driving record, registration, title or
25 security interest shall be $2.50.
26 * * *
27 § 1957. Uncollectible checks.
28 Whenever any check issued in payment of any fee or for any
29 other purpose is returned to the department as uncollectible,
30 the department or municipality shall charge a fee of $10 for
19770H1171B1378 - 58 -
1 each driver's license, registration, replacement of tags,
2 transfer of registration, certificate of title, whether original
3 or duplicate, special hauling permit and each other unit of
4 issue by the department or municipality, plus all protest fees,
5 to the person [presenting] drawing the check, to cover the cost
6 of collection.
7 § 1958. [Certificate of inspection] Inspection.
8 (a) Certificate of appointment.--Each official inspection
9 station shall pay an annual fee of $25 for a certificate of
10 appointment as provided for in section 4722 (relating to
11 certificate of appointment).
12 (b) Certification of mechanics.--Each official inspection
13 station mechanic shall pay an annual fee of $5.
14 (c) Certificate of inspection.--The department shall charge
15 [25¢] $1 for each certificate of inspection.
16 § 1960. Driver improvement school, department hearing and
17 special examination.
18 The fee for attending a driver improvement school, department
19 hearing or undergoing a special examination as provided for in
20 section 1538 (relating to school, examination or hearing on
21 accumulation of points) shall be $10.
22 § 3101. Application of part.
23 (a) General rule.--Except as provided in subsection (b), the
24 provisions of this part relating to the operation of vehicles
25 refer exclusively to the operation of vehicles upon highways
26 except where a different place is specifically referred to in a
27 particular provision.
28 (b) [Serious] Certain traffic offenses.--The provisions of
29 section 3714 (relating to reckless driving) and of subchapter B
30 of Chapter 37 (relating to serious traffic offenses) shall apply
19770H1171B1378 - 59 -
1 upon highways and trafficways throughout this Commonwealth.
2 § 3105. Drivers of emergency vehicles.
3 * * *
4 (c) Audible and visual signals required.--The privileges
5 granted in this section to an emergency vehicle shall apply only
6 when the vehicle is making use of an audible signal and visual
7 signals meeting the requirements and standards set forth in
8 regulations adopted by the department, except that an emergency
9 vehicle operated as a police vehicle [need]:
10 (1) Need not be equipped with or display the visual
11 signals.
12 (2) Need not use an audible signal when attempting to
13 time the rate of speed of a vehicle except when exercising
14 the special privileges granted under subsection 3105(b)(2) or
15 (4).
16 * * *
17 § 3111. Obedience to traffic-control devices.
18 * * *
19 (e) Evasion of traffic-control devices.--The driver of a
20 motor vehicle shall not evade or attempt to evade a traffic-
21 control device by driving off the roadway and shoulder of the
22 highway.
23 § 3112. Traffic-control signals.
24 (a) General rule.--Whenever traffic is controlled by
25 traffic-control signals exhibiting different colored lights, or
26 colored lighted arrows, successively one at a time or in
27 combination, only the colors green, red and yellow shall be
28 used, except for special pedestrian signals carrying a word
29 legend, and the lights shall indicate and apply to drivers of
30 vehicles and pedestrians as follows:
19770H1171B1378 - 60 -
1 (1) Green indication.--
2 (i) Vehicular traffic facing a circular green signal
3 may proceed straight through or turn right or left unless
4 a sign at such place prohibits either such turn except
5 that vehicular traffic, including vehicles turning right
6 or left, shall yield the right-of-way to other vehicles
7 and to pedestrians lawfully within the intersection or an
8 adjacent crosswalk at the time the signal is exhibited.
9 (ii) Vehicular traffic facing a green arrow signal,
10 shown alone or in combination with another indication,
11 may enter the intersection only to make the movement
12 indicated by the arrow, or such other movement as is
13 permitted by other indications shown at the same time.
14 Such vehicular traffic shall yield the right-of-way to
15 pedestrians lawfully within an adjacent crosswalk and to
16 other traffic lawfully using the intersection.
17 (iii) Unless otherwise directed by a pedestrian-
18 control signal as provided in section 3113 (relating to
19 pedestrian-control signals), pedestrians facing any green
20 signal may proceed across the roadway within a crosswalk.
21 (2) Steady yellow indication.--
22 (i) Vehicular traffic facing a steady yellow signal
23 is thereby warned that the related green indication is
24 being terminated or that a red indication will be
25 exhibited immediately thereafter.
26 (ii) Unless otherwise directed by a pedestrian-
27 control signal as provided in section 3113, pedestrians
28 facing a steady yellow signal are thereby advised that
29 there is insufficient time to cross the roadway before a
30 red indication is shown and no pedestrian shall then
19770H1171B1378 - 61 -
1 start to cross the roadway.
2 (3) Steady red indication.--
3 (i) Vehicular traffic facing a steady red signal
4 alone shall stop at a clearly marked stop line, or if
5 none, before entering the crosswalk on the near side of
6 the intersection, or if none, then before entering the
7 intersection and shall remain standing until an
8 indication to proceed is shown except as provided in
9 subparagraph (ii).
10 (ii) Unless a sign is in place prohibiting a turn,
11 vehicular traffic facing a steady red signal may enter
12 the intersection to turn right, or to turn left from a
13 one-way [roadway] highway onto a one-way [roadway]
14 highway after stopping as required by subparagraph (i).
15 Such vehicular traffic shall yield the right-of-way to
16 pedestrians lawfully within an adjacent crosswalk and to
17 other traffic lawfully using the intersection.
18 (iii) Unless otherwise directed by a pedestrian-
19 control signal as provided in section 3113, pedestrians
20 facing a steady red signal alone [shall] should not enter
21 the roadway.
22 * * *
23 § 3307. No-passing zones.
24 (a) Establishment and marking.--The department and local
25 authorities may determine those portions of any highway under
26 their respective jurisdictions where overtaking and passing or
27 driving on the left side of the roadway would be especially
28 hazardous and shall by appropriate signs or markings on the
29 roadway indicate the beginning and end of such zones and when
30 the signs or markings are in place and clearly visible to an
19770H1171B1378 - 62 -
1 ordinarily observant person every driver of a vehicle shall obey
2 the directions of the signs or markings. [Signs] Except in urban
3 districts, signs shall be placed to indicate the beginning and
4 end of each no-passing zone.
5 (b) Compliance by drivers.--Where required signs [and] or
6 markings or both are in place to define a no-passing zone as set
7 forth in subsection (a), no driver shall at any time drive on
8 the left side of the roadway within the no-passing zone or on
9 the left side of any pavement striping designed to mark a no-
10 passing zone throughout its length.
11 * * *
12 § 3331. Required position and method of turning.
13 * * *
14 (b) Left turn.--The driver of a vehicle intending to turn
15 left shall approach the turn in the extreme left-hand lane
16 lawfully available to traffic moving in the direction of travel
17 of the vehicle. Whenever practicable, the left turn shall be
18 made to the left of the center of the intersection and so as to
19 [leave the intersection or location in] enter the extreme left-
20 hand lane lawfully available to traffic moving in the same
21 direction as the vehicle on the roadway being entered.
22 * * *
23 § 3334. Turning movements and required signals.
24 * * *
25 (b) Signals on turning and starting.--At speeds of [less
26 than] 35 miles per hour or less, an appropriate signal of
27 intention to turn right or left shall be given continuously
28 during not less than the last 100 feet traveled by the vehicle
29 before turning. The signal shall be given during not less than
30 the last 300 feet at speeds in excess of 35 miles per hour. The
19770H1171B1378 - 63 -
1 signal shall also be given prior to entry of the vehicle into
2 the traffic stream from a parked position.
3 * * *
4 § 3335. Signals by hand and arm or signal lamps.
5 (a) General rule.--Any stop or turn signal shall be given
6 either by means of the hand and arm or by signal lamps, except
7 as otherwise provided in subsection (b).
8 (b) Required signals by signal lamps.--Any motor vehicle in
9 use on a highway shall be equipped with, and required signal
10 shall be given by, signal lamps when the distance from the
11 center of the top of the steering post to the left outside limit
12 of the body, cab or load of the motor vehicle exceeds 24 inches,
13 or when the distance from the center of the top of the steering
14 post to the rear limit of the body or load exceeds 14 feet. The
15 latter measurement shall apply to any single vehicle and to any
16 combination of vehicles.
17 (c) Exception.--This section does not apply to a motor
18 vehicle registered as an antique or [classic] historic vehicle
19 which was not originally equipped with signal lamps.
20 § 3342. Vehicles required to stop at railroad crossings.
21 * * *
22 (d) Hazardous substances violations.--All prosecutions for
23 violations of this section by drivers of vehicles carrying
24 hazardous substances as determined by the Hazardous Substances
25 Transportation Board shall be brought under the act of November
26 9, 1965 (P.L.657, No.323), known as the "Hazardous Substances
27 Transportation Act" and regulations promulgated thereunder.
28 § 3345. Meeting or overtaking school bus.
29 (a) Duty of approaching driver when red signals are
30 flashing.--Except as provided in subsection (g), the driver of a
19770H1171B1378 - 64 -
1 vehicle meeting or overtaking any school bus stopped on the
2 highway shall stop at least ten feet before reaching the school
3 bus when the red signal lights on the school bus are flashing.
4 The driver shall not proceed until the flashing red signal
5 lights are no longer actuated. In no event shall a driver of a
6 vehicle resume motion of the vehicle until the school children
7 who may have alighted from the school bus have reached a place
8 of safety.
9 (b) Duty of approaching driver when amber signals are
10 flashing.--The driver of a vehicle meeting or overtaking any
11 school bus shall proceed past the school bus with caution and
12 shall be prepared to stop when the amber signal lights are
13 flashing.
14 (c) Use of red signals.--The red visual signals shall be
15 actuated by the driver of every school bus whenever the vehicle
16 is stopped on the highway for the purpose of receiving or
17 discharging school children, except as provided in subsections
18 (e) and (f). The signals shall not be terminated until the
19 school children who may have alighted from the school bus have
20 reached a place of safety or until boarding school children have
21 completed boarding the bus and are seated.
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 signals shall not be used unless the red visual signals
28 are to be actuated immediately following.
29 (e) Limitations on use of signals.--The visual signals
30 required in the regulations shall not be actuated on streets in
19770H1171B1378 - 65 -
1 urban districts designated by the department or local
2 authorities, at intersections or other places where traffic is
3 controlled by uniformed police officers or appropriately attired
4 persons authorized to direct, control or regulate traffic, or in
5 school bus loading areas designated by the department or local
6 authorities when the bus is entirely off the roadway and
7 shoulder.
8 (f) Operation for nonschool purposes.--When a school bus is
9 being operated upon a highway for purposes other than the actual
10 transportation of school children to or from school or in
11 connection with school activities, all markings indicating
12 "SCHOOL BUS" shall be covered or concealed. During such
13 operation, the flashing visual signals shall not be actuated.
14 (g) Exceptions from stopping requirements.--The driver of a
15 vehicle upon [a highway with separate roadways] a divided
16 highway, need not stop upon meeting or passing a school bus with
17 actuated red signal lights which is on [a different roadway] the
18 opposite side of the divided highway.
19 (h) Loading zones for school children.--Every school
20 district transporting school children by school bus shall
21 establish and maintain school bus loading zones at or near all
22 schools to or from which school children are transported and
23 shall establish school bus loading zones along the highways
24 traversed by school buses in accordance with regulations
25 promulgated by the department.
26 (i) Mandatory use of loading zones.--Whenever school bus
27 loading zones have been established at or near a school or along
28 a highway, it is unlawful for a school bus operator to stop the
29 bus to pick up or discharge school children at any location
30 other than at the loading zones. A list or map of approved
19770H1171B1378 - 66 -
1 loading zones for the route of the bus shall be carried by the
2 operator.
3 (j) Penalty.--Any person violating subsection (a) is guilty
4 of a summary offense and shall, upon conviction, be sentenced to
5 pay a fine of $100.
6 § 3346. Meeting or overtaking streetcar.
7 Except where a safety zone has been established, the driver
8 of a vehicle meeting or overtaking any streetcar stopped on the
9 highway for the purpose of taking on or discharging passengers
10 shall not pass the streetcar on the side on which passengers are
11 being taken on or discharged until the streetcar has started and
12 any passengers who may have alighted have reached a place of
13 safety.
14 § 3351. Stopping, standing and parking outside business and
15 residence districts.
16 (a) General rule.--Outside a business or residence district,
17 no person shall stop, park or stand any vehicle, whether
18 attended or unattended, upon the roadway when it is practicable
19 to stop, park or stand the vehicle off the roadway. In the event
20 it is necessary to stop, park or stand the vehicle on the
21 roadway or any part of the roadway, an unobstructed width of the
22 highway opposite the vehicle shall be left for the free passage
23 of other vehicles [and the vehicle shall be visible from a
24 distance of 500 feet in each direction upon the highway].
25 * * *
26 § 3352. Removal of vehicle by or at direction of police.
27 (a) Outside business and residence districts.--Whenever any
28 police officer finds a vehicle in violation of any of the
29 provisions of section 3351 (relating to stopping, standing and
30 parking outside business and residence districts), the officer
19770H1171B1378 - 67 -
1 may move the vehicle, or cause the vehicle to be moved, or
2 require the driver or other person in charge of the vehicle to
3 move the vehicle, to a position off the roadway where the
4 vehicle will not interfere unduly with the normal movement of
5 traffic or constitute a safety hazard.
6 (b) Unattended vehicle obstructing traffic.--Any police
7 officer may remove or cause to be removed to a place of safety
8 any unattended vehicle illegally left standing upon any highway,
9 bridge, causeway or in any tunnel, in such position or under
10 such circumstances as to interfere unduly with the normal
11 movement of traffic or constitute a safety hazard.
12 (c) Removal to garage or place of safety.--Any police
13 officer may remove or cause to be removed to a nearby garage or
14 other place of safety any vehicle found upon a highway under any
15 of the following circumstances:
16 (1) Report has been made that the vehicle has been
17 stolen or taken without the consent of its owner.
18 (2) The person or persons in charge of the vehicle are
19 physically unable to provide for the custody or removal of
20 the vehicle.
21 (3) The person driving or in control of the vehicle is
22 arrested for an alleged offense for which the officer is
23 required by law to take the person arrested before an issuing
24 authority without unnecessary delay.
25 (4) The vehicle is in violation of section 3353
26 (relating to prohibitions in specified places) except for
27 overtime parking.
28 (5) The vehicle has been abandoned as defined in this
29 title. [The officer shall comply with the provisions of
30 subsection (d) and Chapter 73 (relating to abandoned vehicles
19770H1171B1378 - 68 -
1 and cargos).]
2 (d) Procedure.--
3 (1) If the vehicle has been abandoned and does not fall
4 within the conditions enumerated in subsection (c)(1), (2),
5 (3) or (4), the officer shall comply with the provisions of
6 subsection (e).
7 (2) Unclaimed vehicles shall be disposed of in
8 accordance with Chapter 73 (relating to abandoned vehicles
9 and cargos).
10 [(d)] (e) Notice to owner prior to removal.--
11 (1) Prior to removal under subsection (c)(5) of an
12 abandoned vehicle bearing a registration plate by which the
13 last registered owner of the vehicle can be determined,
14 notice shall be sent by certified mail to the last registered
15 owner of the vehicle informing the owner that unless the
16 vehicle is moved to a suitable location within five days of
17 the date notice is mailed, the vehicle will be removed under
18 this section and held at a suitable facility where it may be
19 reclaimed by the owner in accordance with the provisions of
20 section 7306 (relating to payment of costs upon reclaiming
21 vehicle). If the abandoned motor vehicle does not bear an
22 identifiable registration plate, the notice may be secured to
23 the vehicle.
24 (2) If, within the five-day period, the owner so
25 requests, the owner shall be given an opportunity to explain
26 to the police officer or department why the owner believes
27 the vehicle should not be moved. If the police officer or
28 department determines that the vehicle shall, nonetheless, be
29 moved, the owner shall be given an additional 48 hours to
30 move the vehicle or have it moved.
19770H1171B1378 - 69 -
1 (3) The provision for notice set forth in this
2 subsection is in addition to any other notice requirements
3 provided in Chapter 73.
4 § 3353. Prohibitions in specified places.
5 (a) General rule.--Except when necessary to avoid conflict
6 with other traffic or to protect the safety of any person or
7 vehicle or in compliance with law or the directions of a police
8 officer or official traffic-control device, no person shall:
9 (1) Stop, stand or park a vehicle:
10 (i) On the roadway side of any vehicle stopped or
11 parked at the edge or curb of a street except that a
12 pedalcycle may be parked as provided in section
13 3509(b)(2) (relating to parking) and except where such
14 stopping, standing or parking for the purpose of loading
15 or unloading is authorized by local ordinance.
16 (ii) On a sidewalk except that a pedalcycle may be
17 parked as provided in section 3509(b)(2).
18 (iii) Within an intersection.
19 (iv) On a crosswalk.
20 (v) Between a safety zone and the adjacent curb
21 within 30 feet of points on the curb immediately opposite
22 the ends of a safety zone, unless a different length is
23 indicated by official traffic-control devices.
24 (vi) Alongside or opposite any street excavation or
25 obstruction when stopping, standing or parking would
26 obstruct traffic.
27 (vii) Upon any bridge or other elevated structure
28 upon a highway or within a highway tunnel.
29 (viii) On any railroad tracks.
30 (ix) In the area between roadways of a divided
19770H1171B1378 - 70 -
1 highway, including crossovers.
2 (x) At any place where official signs prohibit
3 stopping.
4 (2) Stand or park a vehicle:
5 (i) In front of a public or private driveway.
6 (ii) Within 15 feet of a fire hydrant.
7 (iii) Within 20 feet of a crosswalk at an
8 intersection.
9 (iv) Within 30 feet upon the approach to any
10 flashing signal, stop sign, yield sign or traffic-control
11 signal located at the site of a roadway.
12 (v) Within 20 feet of the driveway entrance to any
13 fire station or, when [properly sign posted, on the side
14 of a street opposite the entrance to any fire station
15 within 75 feet of the entrance.] signs are duly posted on
16 the opposite side of the street within 75 feet of the
17 points immediately opposite the intersections of the
18 sides of the driveway entrance with the curb line.
19 (vi) Where the vehicle would prevent the free
20 movement of a streetcar.
21 (vii) On a limited access highway unless authorized
22 by official traffic-control devices.
23 (viii) At any place where official signs prohibit
24 standing.
25 (3) Park a vehicle:
26 (i) Within 50 feet of the nearest rail of a railroad
27 crossing.
28 (ii) At any place where official signs prohibit
29 parking.
30 * * *
19770H1171B1378 - 71 -
1 (e) Penalty.--Any person violating any provision of this
2 section is guilty of a summary offense and shall, upon
3 conviction, be sentenced to pay a fine of up to $15.
4 § 3354. Additional parking regulations.
5 * * *
6 (d) Handicapped persons and disabled veterans.--
7 (1) When a motor vehicle bearing registration plates
8 issued to handicapped persons or disabled veterans as
9 prescribed in this title is being operated by or for the
10 transportation of the handicapped person or disabled veteran,
11 the driver shall be relieved of any liability for parking for
12 a period of [60] 90 minutes in excess of the legal parking
13 period permitted by local authorities except where local
14 ordinances or police regulations provide for the
15 accommodation of heavy traffic during morning, afternoon or
16 evenings hours.
17 (2) At the request of any handicapped person or disabled
18 veteran, local authorities may erect on the highway as close
19 as possible to their place of residence a sign or signs
20 indicating that that place is reserved for a handicapped
21 person or disabled veteran, that no parking is allowed there
22 by others, and that any unauthorized person parking there
23 shall be subject to a fine.
24 (e) Penalty.--Any person violating subsection (a),(b) or (d)
25 is guilty of a summary offense and shall, upon conviction, be
26 sentenced to pay a fine of up to $15.
27 § 3363. Alteration of maximum limits.
28 The department or local authorities on highways under their
29 respective jurisdictions, upon the basis of an engineering and
30 traffic [investigation] study, may determine that the maximum
19770H1171B1378 - 72 -
1 speed permitted under this subchapter is greater or less than is
2 reasonable and safe under the conditions found to exist upon any
3 such highway or part thereof and establish a reasonable and safe
4 maximum limit. The maximum speed limit may be made effective at
5 all times or at times indicated and may vary for different
6 weather conditions and other factors bearing on safe speeds. No
7 maximum speed greater than 55 miles per hour shall be
8 established under this section.
9 § 3364. Minimum speed regulation.
10 * * *
11 (c) Establishment of minimum speed limits.--At any other
12 time when the department or local authorities under their
13 respective jurisdictions determine on the basis of an
14 engineering and traffic [investigation] study that slow speeds
15 on any highway or part of a highway impede the normal and
16 reasonable movement of traffic, the department or such local
17 authority may determine and declare a minimum speed limit below
18 which no person shall drive a vehicle except when necessary for
19 safe operation or in compliance with law. The minimum limit
20 shall be effective when posted upon appropriate fixed or
21 variable signs.
22 § 3365. Special speed limitations.
23 (a) Bridges and elevated structures.--
24 (1) No person shall drive a vehicle over any bridge or
25 other elevated structure constituting a part of a highway at
26 a speed which is greater than the maximum speed which can be
27 maintained with safety to the bridge or structure when the
28 structure is posted with signs as provided in this
29 subsection.
30 (2) The department and local authorities on highways
19770H1171B1378 - 73 -
1 under their respective jurisdictions may conduct [a traffic
2 and engineering investigation] an engineering and traffic
3 study of any bridge or other elevated structure constituting
4 a part of a highway, and if it shall thereupon find that the
5 structure cannot safely withstand vehicles traveling at the
6 speed otherwise permissible under this title, the department
7 or local authority shall determine and declare the maximum
8 speed of vehicles which the structure can safely withstand,
9 and shall cause or permit official traffic-control devices
10 stating the maximum speed to be erected and maintained before
11 each end of the structure.
12 (3) Upon the trial of any person charged with a
13 violation of this subsection, proof of the determination of
14 the maximum speed by the department and the existence of the
15 signs shall constitute conclusive evidence of the maximum
16 speed which can be maintained with safety to the bridge or
17 structure.
18 * * *
19 (c) Hazardous grades.--The department and local authorities
20 on highways under their respective jurisdictions may conduct
21 [traffic and engineering investigations] engineering and traffic
22 studies on grades which are considered hazardous. If the grade
23 is determined to be hazardous, vehicles having a gross weight in
24 excess of a determined safe weight may be further limited as to
25 maximum speed and may be required to stop before proceeding
26 downhill. The restrictions shall be indicated by official
27 traffic-control devices erected and maintained according to
28 regulations established by the department.
29 * * *
30 § 3367. Racing on highways.
19770H1171B1378 - 74 -
1 * * *
2 (b) General rule.--No person shall drive a vehicle on a
3 highway in any race[, speed competition] or [contest,] drag race
4 [or acceleration contest, test of physical endurance, exhibition
5 of speed or acceleration, or for the purpose of making a speed
6 record, and no person shall] or in any manner participate in any
7 such race[, competition, contest, test or exhibition] or drag
8 race.
9 * * *
10 § 3502. Penalty for violation [of subchapter] involving
11 pedalcycle.
12 Any person [violating any provision of this subchapter]
13 operating a pedalcycle in violation of this title is guilty of a
14 summary offense and shall, upon conviction, be sentenced to pay
15 a fine of $10.
16 § 3504. Riding on pedalcycles.
17 (a) Use of seat by operator.--A person propelling a
18 pedalcycle shall not ride other than upon or astride a permanent
19 and regular seat attached to the pedalcycle.
20 (b) Number of riders.--No pedalcycle shall be used to carry
21 more persons at one time than the number for which the
22 pedalcycle is designed [and] or equipped except that an adult
23 rider may carry a child securely attached to the rider in a back
24 pack or sling.
25 § 3505. Riding on roadways and pedalcycle paths.
26 * * *
27 (e) Limited access highways.--No pedalcycle shall be
28 operated on any limited access highway unless a pedalcycle path
29 has been provided as part of the highway.
30 § 3507. Lamps and other equipment on pedalcycles.
19770H1171B1378 - 75 -
1 (a) Lamps and reflectors.--Every pedalcycle when in use
2 between sunset and sunrise shall be equipped on the front with a
3 lamp which emits a white light visible from a distance of at
4 least 500 feet to the front and with a red reflector on the rear
5 of a type approved by the department which shall be visible from
6 all distances from 100 feet to 600 feet to the rear and with an
7 amber reflector on each side or retroflective tire sidewalls. A
8 lamp emitting a red light visible from a distance of 500 feet to
9 the rear may be used in addition to the red reflector. A lamp
10 worn by the operator of a pedalcycle shall comply with the
11 requirements of this subsection if the lamp can be seen at the
12 distances specified. All lamps and reflectors shall be of a type
13 approved by the department.
14 * * *
15 § 3522. Riding on motorcycles.
16 (a) Use of seat by operator and passengers.--A person
17 operating a motorcycle shall ride only upon the permanent and
18 regular seat attached to the motorcycle, and the operator shall
19 not carry any other person nor shall any other person ride on a
20 motorcycle unless the motorcycle is designed or adapted to carry
21 more than one person, in which event a passenger may ride upon
22 the permanent and regular seat if designed for two persons, or
23 upon another seat firmly attached to the motorcycle at the rear
24 or side of the operator. In no event shall a passenger sit in
25 front of the operator of the motorcycle.
26 * * *
27 § 3525. Protective equipment for motorcycle riders.
28 (a) Protective headgear.--No person holding a learner's
29 permit or a junior driver's license shall operate [or ride upon]
30 a motorcycle [or a motor-driven cycle (]other than a motorized
19770H1171B1378 - 76 -
1 pedalcycle[)] unless he is wearing protective headgear which
2 complies with standards established by the department.
3 * * *
4 § 3706. Riding in house trailers, mobile homes or boats on
5 trailers.
6 (a) General rule.--No person or persons shall occupy a house
7 trailer, recreational trailer, except as authorized in
8 subsection (c), mobile home or boat on a trailer while it is
9 being moved upon a highway.
10 (b) Towing prohibited.--No person shall tow on a highway a
11 house trailer, mobile home or boat on a trailer occupied by a
12 passenger or passengers.
13 (c) Exception for certain semitrailers.--A semitrailer which
14 is attached to a [truck] towing vehicle in an articulating
15 manner by means of a fifth wheel semitrailer coupling device
16 attached to the carrying compartment of the [truck] towing
17 vehicle may be occupied by a passenger or passengers. The
18 coupling device shall have a two-inch or larger kingpin. All
19 windows shall have safety glass. Some means of electrical or
20 electronic communications approved by the department is required
21 between the [cab of the truck] towing vehicle and the
22 semitrailer.
23 § 3709. Depositing waste and other material on highway.
24 (a) General rule.--No person shall throw or deposit upon any
25 highway any waste paper, sweepings, ashes, household waste,
26 glass, metal, refuse or rubbish, or any dangerous or detrimental
27 object or substance.
28 (b) Removal of deposited material.--Any person who [drops]
29 throws or deposits, or permits to be [dropped or] thrown or
30 deposited, upon any highway any waste paper, sweepings, ashes,
19770H1171B1378 - 77 -
1 household waste, glass, metal, refuse or rubbish, or any
2 dangerous or detrimental object or substance shall immediately
3 remove the same or cause it to be removed.
4 (c) Removal of material following accident.--Any person
5 removing a wrecked, damaged or disabled vehicle from a highway
6 shall remove from the highway or neutralize any glass, metal,
7 oil or other [injurious] dangerous or detrimental object or
8 substance resulting from the accident or disablement.
9 (d) Penalty.--Any person violating any of the provisions of
10 subsection (a) or (b) is guilty of a summary offense and shall,
11 upon conviction, be sentenced to pay a fine of not more than
12 $300.
13 § 3711. Unauthorized persons and devices hanging on vehicles.
14 * * *
15 (b) Exceptions.--This section is not applicable to firemen
16 or garbage collectors or operators of fire trucks or garbage
17 trucks or employees of public utility companies acting pursuant
18 to and during the course of their duties or to other persons
19 exempted by the department regulations from the application of
20 this section. This section does not prohibit attaching a trailer
21 or semitrailer to a pedalcycle or riding in or on the bed of a
22 truck as long as no part of any person's body extends beyond the
23 bed of the truck.
24 § 3746. Immediate notice of accident to police department.
25 * * *
26 (c) Investigation by police officer.--Every accident
27 reported to a police department as required in this section
28 shall be investigated by a police officer who shall provide each
29 driver a signed statement that the accident was reported.
30 § 3749. Reports by coroners and medical examiners.
19770H1171B1378 - 78 -
1 * * *
2 (b) Blood and urine samples.--The coroners or medical
3 examiners of each county in this Commonwealth shall take blood
4 or urine samples or both from the bodies of all drivers and of
5 all pedestrians over 15 years of age who die within four hours
6 following an accident and shall, within ten days of the
7 accident, transmit the samples to the [Governor's Council on
8 Drug and Alcohol Abuse] Department of Health. This subsection
9 shall be applicable to all occupants over 15 years of age if the
10 driver of the vehicle cannot be determined.
11 (c) Regulations for testing samples.--The [Governor's
12 Council on Drug and Alcohol Abuse] Department of Health shall
13 establish and promulgate rules and regulations for the testing
14 of the blood and urine samples authorized to be taken from dead
15 bodies under this section.
16 § 3751. Reports by police.
17 * * *
18 (b) Furnishing copies of report.--Police departments shall,
19 upon request, furnish at a [cost] price not to exceed $5 a
20 certified copy of the full report of the police investigation of
21 any vehicle accident to any person involved in the accident, his
22 attorney or insurer, and to the Federal Government, branches of
23 the military service, Commonwealth agencies, and to officials of
24 political subdivisions and to agencies of other states and
25 nations and their political subdivisions. The copy of the report
26 shall not be admissible as evidence in any action for damages or
27 criminal proceedings arising out of a motor vehicle accident.
28 Police departments may refuse to furnish the complete copy of
29 investigation of the vehicle accident whenever there are
30 criminal charges pending against any persons involved in the
19770H1171B1378 - 79 -
1 vehicle accident unless the Pennsylvania Rules of Criminal
2 Procedure require the production of the documents.
3 § 3752. Accident report forms.
4 (a) Form and content.--The department shall prepare and upon
5 request supply to all law enforcement agencies and other
6 appropriate agencies or individuals, forms for written accident
7 reports as required in this subchapter suitable with respect to
8 the persons required to make the reports and the purposes to be
9 served. The written report forms shall call for sufficiently
10 detailed information to disclose with reference to a vehicle
11 accident the cause, conditions then existing and the persons and
12 vehicles involved. Reports [for use by the drivers and owners]
13 shall also [provide for information relating to financial
14 responsibility] indicate whether the vehicle is covered by the
15 insurance required in section 104(a) of the act of July 19, 1974
16 (P.L.489, No.176), known as the "Pennsylvania No-fault Motor
17 Vehicle Insurance Act," and the name of the carrier, if any.
18 (b) [Use] Preparation.--Every accident report required to be
19 made in writing shall be made on the appropriate form approved
20 by the department and shall contain all the information required
21 therein unless not available.
22 § 4103. Promulgation of vehicle equipment standards.
23 (a) General rule.--The department shall promulgate vehicle
24 equipment standards for vehicles, equipment and devices required
25 under this part. To the maximum extent possible, consistent with
26 safety, the standards shall be expressed in terms of minimum
27 acceptable performance levels, measured against objective
28 testing parameters.
29 (b) Applicability of Federal standards.--Federal standards
30 promulgated with respect to the performance of any vehicle or
19770H1171B1378 - 80 -
1 item of equipment shall have the same force and effect as if
2 promulgated by the department under subsection (a) and shall
3 supersede any Commonwealth standard applicable to the same
4 aspect of performance for the vehicle or item of equipment.
5 (c) Incorporation of standards by reference.--Subject to the
6 provisions of subsections (a) and (b), applicable standards or
7 recommended practices issued by the National Highway Traffic
8 Safety Administration, U.S. Department of Transportation[, the
9 Vehicle Equipment Safety Commission, the American National
10 Standards Institute, the Society of Automotive Engineers] or any
11 other generally recognized standards setting body may be adopted
12 by reference, provided that copies of the standards are
13 incorporated in the notice of proposed rule making.
14 (d) Applicability to certain vehicles.--Vehicle equipment
15 standards contained in this part or promulgated by the
16 department under the authority given in this part shall not
17 apply to a motor vehicle registered as an antique or [classic]
18 historic vehicle containing equipment which meets the original
19 manufacturer's specifications.
20 (e) Extension of standards prohibited.--Vehicle equipment
21 standards promulgated by the department shall not be extended to
22 any vehicle which, because of its date of manufacture, is not
23 required by Federal standards to have the equipment.
24 § 4107. Unlawful activities.
25 (a) Violation of vehicle equipment standards.--
26 (1) It is unlawful for any person to sell, offer for
27 sale, lease, install or replace, either separately or as part
28 of the equipment of a vehicle, any item of vehicle equipment
29 affecting the operation of the vehicle which does not comply
30 with this title or regulations promulgated thereunder, or
19770H1171B1378 - 81 -
1 which does not comply with an applicable Federal motor
2 vehicle safety standard [adopted by regulation by the
3 department].
4 (2) Any person convicted of violating this subsection
5 shall be subject to a civil penalty of not more than $100 for
6 each violation. Each violation of the provisions of this
7 subsection shall constitute a separate violation with respect
8 to each motor vehicle or item of motor vehicle equipment or
9 with respect to each failure or refusal to allow or perform
10 an act required thereby, except that the maximum civil
11 penalty shall not exceed $10,000 for any related series of
12 violations.
13 * * *
14 § 4303. General lighting requirements.
15 * * *
16 (c) Turn signals and hazard warning lights.--Every motor
17 vehicle, except motorcycles [and pedalcycles] not required to be
18 so equipped at the time of manufacture, and every trailer
19 operated on a highway shall be equipped with a system of turn
20 signal lights and hazard warning lights in conformance with
21 regulations of the department.
22 * * *
23 § 4305. Vehicular hazard signal lamps.
24 * * *
25 (d) Use at other times prohibited.--Vehicular hazard signal
26 lamps shall not be used except as provided in this section.
27 § 4502. General requirements for braking systems.
28 (a) Parking brakes.--Every motor vehicle [or] , full trailer
29 and combination, except a motorcycle, operated on a highway
30 shall be equipped with a parking brake system adequate to hold
19770H1171B1378 - 82 -
1 the vehicle or combination on any grade on which it is operated,
2 under all conditions of loading, on a surface free of ice or
3 snow. The system shall not be designed to require a continuous
4 or intermittent source of energy for full effectiveness after
5 initial application.
6 (b) Service brakes.--Every vehicle and combination operated
7 on a highway shall be equipped with a service brake system
8 adequate to control the movement of and to stop and hold the
9 vehicle or combination on any grade on which it is operated,
10 under all conditions of loading, and adequate to meet the
11 braking performance standards established by regulation of the
12 department. The provisions of this subsection shall not apply to
13 trailers which have a gross weight not exceeding 1,750 pounds.
14 (c) Breakaway systems.--Every combination operated on a
15 highway, the towed vehicle of which is equipped with brakes or
16 which has a gross weight in excess of [3,000] 1,750 pounds,
17 shall be so equipped that, upon breakaway of the towed vehicle,
18 the towed vehicle shall be stopped and held automatically, and
19 the towing vehicle shall be capable of being stopped and held by
20 use of its own service braking system.
21 (d) Exceptions.--This section does not apply to towed
22 [instruments] implements of husbandry [and], such items or types
23 of special mobile equipment as are specifically exempted from
24 compliance by regulations promulgated by the department and to
25 trailers registered prior to July 1, 1977 or whose
26 manufacturer's statement of origin indicates that the trailer is
27 a 1977 model year.
28 § 4524. Windshield obstructions and wipers.
29 * * *
30 (d) Windshield wiper systems.--The windshield on every motor
19770H1171B1378 - 83 -
1 vehicle other than a motorcycle [or motor-driven cycle] shall be
2 equipped with a wiper system capable of cleaning rain, snow or
3 other moisture from the windshield, and so constructed as to be
4 controlled or operated by the driver of the vehicle.
5 § 4552. General requirements for school buses.
6 * * *
7 (e) Visibility.--Every school bus shall be designed and
8 equipped with mirrors so as to provide the driver with an
9 unobstructed view of any pedestrian in proximity to the vehicle.
10 * * *
11 (i) Vehicles no longer used as school buses.--Labels,
12 markings and visual signals required by this section must be
13 removed from any motor vehicles no longer in use as a school
14 bus.
15 § 4553. General requirements for other vehicles transporting
16 school children.
17 * * *
18 (b) Other vehicles.--A motor vehicle other than a school bus
19 used to transport children to or from school or in connection
20 with school activities[, which is not a school bus because of
21 its limited seating capacity,] shall comply with regulations
22 established by the department for such vehicles. Unless required
23 by Federal law or regulation, the regulations established by the
24 department shall not require vehicles which pick up and
25 discharge school children only at locations off the highway to
26 be of any particular color or to display flashing red and amber
27 lights.
28 § 4571. Visual and audible signals on emergency vehicles.
29 (a) General rule.--Every emergency vehicle shall be equipped
30 with one or more revolving or flashing red lights and an audible
19770H1171B1378 - 84 -
1 warning system.
2 (b) Police and fire vehicles.--
3 (1) Police vehicles may in addition to the requirements
4 of subsection (a) be equipped with revolving or flashing blue
5 lights. The combination of red and blue lights may be used
6 only on police vehicles.
7 (2) Spotlights with adjustable sockets may be attached
8 to or mounted on police vehicles.
9 (3) Unmarked police vehicles, used as emergency vehicles
10 and equipped with audible warning systems, may be equipped
11 with the lights described in this section.
12 (4) Police and fire vehicles may be equipped with a
13 mounted rack containing one or more emergency warning lights
14 or side mounted adjustable floodlights, or both.
15 (c) Fish and Game Commission vehicles.--Vehicles owned and
16 operated by the Pennsylvania Fish Commission and the
17 Pennsylvania Game Commission may be equipped with revolving or
18 flashing red lights in accordance with subsection (a).
19 (d) Vehicles prohibited from using signals.--Except as
20 otherwise specifically provided in this part, no vehicle other
21 than an emergency vehicle may be equipped with lights or audible
22 warning systems identical or similar to those specified in
23 subsections (a) and (b).
24 (e) Authorized period of use.--The lights and warning
25 systems specified by this section may be used only during an
26 emergency or in the interest of public safety and by police
27 officers in enforcement of the law.
28 (f) Conformity with department regulations.--All equipment
29 authorized or required by this section shall conform to
30 department regulations.
19770H1171B1378 - 85 -
1 § 4702. [Requirement for periodic] Periodic inspection
2 of vehicles.
3 (a) General rule.--The department shall establish a system
4 of semiannual inspection of vehicles. [registered in this
5 Commonwealth.
6 (b) Annual inspection of certain vehicles.--Recreational
7 trailers, vehicles registered as antique and classic vehicles,
8 firefighting vehicles and motorcycles shall be subject to annual
9 inspection.]
10 (b) Exemptions.--The following types of vehicles shall be
11 subject to annual inspection:
12 (1) Recreational trailers having a registered gross
13 weight in excess of 1,750 pounds.
14 (2) Vehicles registered as antique and historic
15 vehicles.
16 (3) Firefighting vehicles.
17 (4) Motorcycles.
18 (c) [Inspection of vehicles reentering this Commonwealth.--
19 Owners of Pennsylvania registered vehicles which have been
20 outside of this Commonwealth continuously for 30 days or more
21 and which at the time of reentering this Commonwealth do not
22 bear a currently valid certificate of inspection and approval
23 shall, within five days of reentering this Commonwealth, proceed
24 to an official inspection station for an inspection of the
25 vehicle.
26 (d)] Extension of inspection period.--The department may, by
27 regulation, extend the time for any of the inspections required
28 by this chapter for not more than 30 days due to weather
29 conditions or other causes which render compliance with the
30 provisions of this chapter within the prescribed time difficult
19770H1171B1378 - 86 -
1 or impossible.
2 § 4703. Operation of vehicle without official certificate of
3 inspection.
4 (a) General rule.--No [registered] motor vehicle required to
5 be registered in this Commonwealth shall be driven and no
6 [registered] trailer required to be registered in this
7 Commonwealth shall be moved on a highway unless the vehicle
8 displays a currently valid certificate of inspection and
9 approval.
10 (b) Exceptions.--Subsection (a) does not apply to:
11 (1) Special mobile equipment.
12 (2) Implements of husbandry.
13 (3) Motor vehicles being towed.
14 (4) Motor vehicles being operated or trailers being
15 towed by an official inspection station owner or employee for
16 the purpose of inspection.
17 (5) Trailers having a registered gross weight of 1,750
18 pounds or less.
19 (6) Motorized pedalcycles.
20 (c) Inspection of vehicles reentering this Commonwealth.--
21 Vehicles subject to inspection which have been outside this
22 Commonwealth continuously for 30 days or more and which, at the
23 time of reentering this Commonwealth, do not bear a currently
24 valid certificate of inspection shall be inspected within five
25 days of reentering this Commonwealth.
26 (d) Dealer-owned vehicles.--Vehicles bearing dealer
27 registration plates shall be inspected within five days of
28 purchase or entry into this Commonwealth, whichever occurs
29 later.
30 (e) Grace period.--A motor vehicle shall be the subject of
19770H1171B1378 - 87 -
1 only one arrest under subsection (a) in any 24-hour period.
2 [(c)] (f) Display of unauthorized certificate of
3 inspection.--No certificate of inspection [and approval] shall
4 be displayed unless an official inspection has been made and the
5 vehicle is in conformance with the provisions of this chapter.
6 [(d)] (g) Authority of police.--Any police officer may stop
7 any motor vehicle or trailer and require the owner or operator
8 to display an official certificate of inspection [and approval]
9 for the vehicle being operated. A police officer may summarily
10 remove an unlawfully issued certificate of inspection from any
11 vehicle.
12 § 4704. Notice by police officers of violation.
13 (a) General rule.--Any police officer having probable cause
14 to believe that any vehicle, regardless of whether it is being
15 operated, is unsafe or not equipped as required by law may at
16 any time submit a written notice of the condition to the driver
17 of the vehicle or to the owner, or if neither is present, to an
18 adult occupant of the vehicle, or if the vehicle is unoccupied,
19 the notice shall be attached to the vehicle in a conspicuous
20 place.
21 (1) If an item of equipment is broken or missing, the
22 notice shall specify the particulars of the condition and
23 require that the equipment be adjusted or repaired. Within
24 five days evidence must be submitted to the police that the
25 requirements for repair have been satisfied.
26 (2) If the police officer has probable cause to believe
27 that a vehicle is unsafe or not in proper repair, he may
28 require in the written notice that the [car] vehicle be
29 inspected. The owner or driver shall submit to the police
30 within five days of the date of notification certification
19770H1171B1378 - 88 -
1 from an official inspection station that the vehicle has been
2 restored to safe operating condition in relation to the
3 particulars specified on the notice.
4 (3) After the expiration of the five-day period
5 specified in paragraphs (1) and (2), the vehicle shall not be
6 operated upon the highways of this Commonwealth until the
7 owner or driver has submitted to the police evidence of
8 compliance with the requirements of paragraph (1) or (2),
9 whichever is applicable.
10 * * *
11 § 4727. Issuance of certificate of inspection.
12 (a) Requirements prior to inspection.--No vehicle except a
13 dealer owned vehicle shall be inspected unless it is duly
14 registered. The owner or operator or an employee of the official
15 inspection station shall examine the registration card in order
16 to ascertain that the vehicle is registered.
17 * * *
18 § 4729. Removal of certificate of inspection.
19 No certificate of inspection shall be removed from a vehicle
20 for which the certificate was issued except to replace it with a
21 new certificate of inspection issued in accordance with the
22 provisions of this chapter or as follows:
23 (1) The police officer may remove a certificate of
24 inspection in accordance with the provisions of section
25 4703(d) (relating to operation of vehicle without official
26 certificate of inspection).
27 (2) A person replacing a windshield or repairing a
28 windshield in such a manner as to require removal of a
29 certificate of inspection shall at the option of the
30 registrant of the vehicle cut out the portion of the
19770H1171B1378 - 89 -
1 windshield containing the certificate and deliver it to the
2 registrant of the vehicle or destroy the certificate. The
3 vehicle may be driven for up to five days if it displays the
4 portion of the old windshield containing the certificate as
5 prescribed in department regulations. Within the five day
6 period an official inspection station may affix to the
7 vehicle another certificate of inspection for the same
8 inspection period without reinspecting the vehicle in
9 exchange for the portion of the old windshield containing the
10 certificate of inspection. A fee of no more than $1 may be
11 charged for the exchanged certificate of inspection.
12 (3) [A salvor] Every applicant for a certificate of junk
13 pursuant to section 1117(a) (relating to vehicle destroyed or
14 junked) shall remove and destroy the certificate of
15 inspection on [every vehicle in his possession except
16 vehicles used in the operation of the business of the salvor]
17 the vehicle.
18 § 4902. Restrictions on use of highways and bridges.
19 * * *
20 (d) Erection of signs.--The department and the local
21 authorities shall erect or cause to be erected and maintained
22 signs designating the restrictions at each end of that portion
23 of any highway or bridge restricted as provided in subsections
24 (a) and (c) and at the nearest intersection in each direction of
25 the restricted highway or of the highway leading to the
26 restricted bridge with the highway on which the restricted
27 vehicles may be operated. The restrictions shall not be
28 effective unless signs are erected and maintained in accordance
29 with this subsection.
30 (e) Penalty.--
19770H1171B1378 - 90 -
1 (1) Any person operating a vehicle or combination upon a
2 highway or bridge in violation of a prohibition or
3 restriction imposed under subsection (a) is guilty of a
4 summary offense and shall, upon conviction, be sentenced to
5 pay a fine of $75. In addition, any person operating a
6 vehicle with a gross weight in excess of the posted weight
7 shall be sentenced to pay a fine of $75 for each 500 pounds,
8 or part thereof, in excess of 3,000 pounds over the maximum
9 allowable weight.
10 (2) Any person operating a vehicle or combination in
11 violation of a prohibition or restriction imposed under
12 subsection (c) is guilty of a summary offense and shall upon
13 conviction be sentenced to pay a fine of not less than $25
14 but not more than $100.
15 § 4903. Securing loads in vehicles.
16 * * *
17 (c) Load of logs.--Every load of logs on a vehicle shall be
18 securely fastened with at least three binders, chains or straps
19 and, in the case of an open-body or stake-body vehicle, trailer
20 or semitrailer there shall be a sufficient number of vertical
21 metal stakes or posts securely attached [on each side of] to the
22 vehicle, trailer or semitrailer at least as high as the top of
23 the load to secure such load in the event of a failure of the
24 binders, chains or straps.
25 * * *
26 § 4904. Limits on number of towed vehicles.
27 * * *
28 (c) Towing vehicles requiring service.--
29 (1) A dolly not exceeding ten feet in length may be
30 towed by a motor vehicle for the purpose of towing another
19770H1171B1378 - 91 -
1 vehicle requiring service.
2 (2) A combination requiring emergency service may be
3 towed to a nearby garage or other place of safety.
4 * * *
5 § 4921. Width of vehicles.
6 (a) General rule.--The total outside width of a vehicle,
7 including any load, shall not exceed eight feet except as
8 otherwise provided in this section.
9 (b) Farm vehicles.--Any implement of husbandry or vehicle
10 loaded with vegetable produce of forage crops and not exceeding
11 ten feet in width may [operate] be operated or towed between
12 sunrise and sunset on highways other than freeways.
13 (c) Buses.--Any bus [operated wholly within a municipality,
14 where permitted by the municipality; or in more than one
15 municipality, where approved by the Public Utility Commission]
16 may have a total outside width not to exceed eight feet six
17 inches when operated upon a highway having traffic-lane widths
18 of not less than ten feet.
19 (d) Nondivisible loads.--Vehicles carrying nondivisible
20 loads not exceeding eight feet six inches in width may operate
21 on any highway having a roadway width of 20 feet or more. This
22 subsection does not apply on the National System of Interstate
23 and Defense Highways.
24 (e) Mirrors and sunshades.--Mirrors and sunshades may extend
25 beyond the maximum width of a vehicle as follows:
26 (1) Mirrors may extend on each side a maximum of six
27 inches beyond the width of the vehicle, trailer or load,
28 [whichever is greater.] or, in the case of a truck or truck
29 tractor, beyond the maximum allowable width, whichever is
30 greater.
19770H1171B1378 - 92 -
1 (2) Sunshades may extend a maximum of six inches on each
2 side of the vehicle.
3 (f) Tires.--Truck, truck tractor, or trailer may extend on
4 each side a maximum of six inches beyond the width of the load,
5 or, in the case of a truck or truck tractor, beyond the maximum
6 allowable width, whichever is greater.
7 [(f)] (g) Exceptions.--The provisions of this subchapter
8 governing the width of vehicles do not apply to street sweepers
9 and snow removal equipment.
10 § 4924. Limitations on length of projecting loads.
11 (a) General rule.--Subject to the provisions of this
12 subchapter limiting the length of vehicles and loads, the load
13 upon any vehicle operated alone or the load upon the front
14 vehicle of a combination [of vehicles] shall not extend more
15 than three feet beyond the foremost part of the vehicle, and the
16 load upon any vehicle operated alone or the load, other than a
17 nondivisible load, upon the rear vehicle of a combination shall
18 not extend more than six feet beyond the rear of the bed or body
19 of such vehicle.
20 * * *
21 § 4942. Registered gross weight.
22 * * *
23 (d) Reciprocal enforcement.--The registered gross weight of
24 a vehicle registered in another state may be enforced under this
25 section pursuant to the terms of a reciprocity agreement with
26 the state in which the vehicle is registered.
27 § 4943. Maximum axle weight of vehicles.
28 * * *
29 (b) Location of front axle of semitrailer.--No semitrailer,
30 originally in this Commonwealth on or after September 1, [1973]
19770H1171B1378 - 93 -
1 1963, and having two or more axles, shall be operated upon a
2 highway unless the foremost axle of the semitrailer is at least
3 12 feet from the rearmost axle of the towing vehicle.
4 § 4944. Maximum wheel load.
5 No motor vehicle or combination shall, when operated upon a
6 highway, have a weight upon any one wheel in excess of 800
7 pounds for each nominal inch of width of tire on the wheel.
8 § 4946. Impoundment of vehicles for nonpayment of overweight
9 fines.
10 (a) General rule.--Upon imposition of any fine and costs of
11 prosecution imposed pursuant to section 4945 (relating to
12 penalties for exceeding maximum weights), the driver shall be
13 allowed 24 hours to obtain the funds and pay the fine and costs
14 of prosecution, during which time the vehicle or combination
15 shall be rendered temporarily inoperative by such police
16 officer, sheriff or constable as the issuing authority shall
17 designate. On default of payment within the 24-hour period, the
18 issuing authority shall impound the vehicle or combination and
19 order a police officer to seize them.
20 * * *
21 § 4962. Conditions of permits and security for damages.
22 * * *
23 (b) [Display of permit] Driver to exhibit permit.--Every
24 permit shall be carried in the towing vehicle and shall be [open
25 to inspection by] exhibited to any police officer or authorized
26 agent of the issuing agency or any person having an accident
27 involving a permitted vehicle or combination.
28 * * *
29 (d) Special escort services.--The department or local
30 authorities shall specify [what] which movements require special
19770H1171B1378 - 94 -
1 escort services of [the Pennsylvania State Police] police or
2 department personnel.
3 * * *
4 § 4965. Single permits for multiple highway crossings.
5 (a) General rule.--A single permit may be issued for [a
6 number of] movements across the highway at specified locations
7 within a fixed period of time [of vehicles or combinations]:
8 (1) of vehicles, combinations or loads thereon exceeding
9 the maximum size or weight specified in this chapter; or
10 (2) of unregistered vehicles or combinations used to
11 cross a highway to get from one commercial industrial
12 facility to another commercial industrial facility under the
13 same operation.
14 (b) Unlawful to move along highway.--Whenever a permit is
15 issued for crossing the highway, it is unlawful to move the
16 vehicles along the highway.
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 [measurement and] weighing shall be
23 conducted by qualified personnel who have been trained in the
24 use of weighing [and measuring] equipment in a training program
25 approved by the Department of Agriculture. A police officer may
26 require that a vehicle or combination be driven to the nearest
27 stationary scales if the scales are within two miles.
28 * * *
29 (c) Weighing of wheels or axles.--If a vehicle is weighed in
30 multiple drafts, or if only a single wheel or axle or pair of
19770H1171B1378 - 95 -
1 axles is weighed, a tolerance of [1%] 3% shall be allowed.
2 (d) Reweighing at request of driver or owner.--Whenever
3 scales operated by other than the department or a public
4 weighmaster certified by the Department of Agriculture indicate
5 that a vehicle, wheel, axle or pair of axles is overweight, the
6 driver or owner may elect to have the vehicle reweighed on the
7 nearest available [official] certified stationary scales [which
8 have been sealed by the Department of Agriculture] of a public
9 weighmaster. The lower reading of the two scales shall determine
10 whether charges shall be filed under this section.
11 § 4982. Reducing or readjusting loads of vehicles.
12 (a) Violation of weight limitations.--If the gross weight or
13 the weight upon any wheel, tire, axle or group of axles of a
14 vehicle or combination exceeds the maximum allowed, the driver
15 shall reduce or readjust the load so that the gross weight and
16 the weight upon each wheel, tire, axle or group of axles will
17 not exceed the maximum weights permitted under this chapter.
18 (b) Violation of size limitations.--If the load upon any
19 vehicle or combination is such that the size limitations of this
20 chapter are exceeded, the driver shall reduce or reposition the
21 load so that it does not exceed the size limitations.
22 [(c) Load adjustment to avoid prosecution.--If the gross
23 weight of the vehicle or combination does not exceed the maximum
24 allowable gross weight and the weight upon any axle or group of
25 axles is not more than 3% in excess of the maximum allowable
26 axle weight, the operator shall be allowed four hours to adjust
27 the position of the load so that the weight upon all wheels,
28 tires, axles and groups of axles does not exceed the maximum
29 allowable weights. If the load is so rearranged no arrest shall
30 be made or prosecution brought for violation of Subchapter C
19770H1171B1378 - 96 -
1 (relating to maximum weights of vehicles).]
2 [(d)] (c) Load incapable of reduction.--If the load on any
3 vehicle or combination is such that it is incapable of reduction
4 or dismemberment and is otherwise eligible to move under permit
5 as provided in Subchapter D (relating to special permits for
6 excessive size and weight), a valid permit shall be obtained
7 before any further movement of a vehicle or combination in
8 violation of the limitations of this chapter.
9 [(e)] (d) Responsibility of owner or driver.--All material
10 unloaded and any vehicle or combination parked awaiting a permit
11 shall be cared for by the owner or driver at the risk of the
12 owner or driver.
13 § 6104. Administrative duties of department.
14 (a) Forms.--The department shall prescribe and provide
15 suitable forms of applications, certificates of title,
16 registration cards, drivers' licenses and all other forms
17 requisite or deemed necessary to carry out the provisions of
18 this title, except Chapter 77 (relating to snowmobiles), and any
19 other laws the administration of which is vested in the
20 department.
21 * * *
22 § 6105. Department to prescribe [traffic and] engineering
23 [investigations] and traffic studies.
24 The department may establish by regulation the manner in
25 which [traffic and] engineering [investigations] and traffic
26 studies shall be carried out. The department may specify
27 particular actions which require [traffic and] engineering
28 [investigations] and traffic studies. No action shall become
29 effective until the [investigation] study has been properly
30 completed.
19770H1171B1378 - 97 -
1 § 6109. Specify powers of department and local authorities.
2 (a) Enumeration of police powers.--The provisions of this
3 title shall not be deemed to prevent the department on State-
4 designated highways and local authorities on streets or highways
5 within their physical boundaries from the reasonable exercise of
6 their police powers. The following are presumed to be reasonable
7 exercises of police power:
8 (1) Regulating or prohibiting stopping, standing or
9 parking.
10 (2) Regulating traffic by means of police officers or
11 official traffic-control devices.
12 (3) Regulating or prohibiting processions or assemblages
13 on highways.
14 (4) Designating particular highways or roadways for use
15 by traffic moving in one direction as authorized in section
16 3308 (relating to one-way roadways and rotary traffic
17 islands).
18 (5) Establishing speed limits for vehicles in public
19 parks.
20 (6) Designating any highway as a through highway or
21 designating any intersection or junction of roadways as a
22 stop or yield intersection or junction.
23 (7) Prohibiting or restricting the use of highways at
24 particular places or by particular classes of vehicles
25 whenever the highway or portion of the highway may be
26 seriously damaged by the use or the movement of the vehicles
27 would constitute a safety hazard.
28 (8) Regulating the operation of pedalcycles and
29 requiring their registration and inspection, and the payment
30 of a reasonable registration fee.
19770H1171B1378 - 98 -
1 (9) Regulating or prohibiting the turning of vehicles or
2 specified types of vehicles as authorized in section 3331
3 (relating to required position and method of turning).
4 (10) Altering or establishing speed limits as authorized
5 in Subchapter F of Chapter 33 (relating to speed
6 restrictions).
7 (11) Enforcement of speed restrictions authorized under
8 Subchapter F of Chapter 33, except that speed restrictions
9 may be enforced by local police on a limited access [or
10 divided] highway only if it is patrolled by the local police
11 force under the terms of an agreement with the Pennsylvania
12 State Police.
13 (12) Designating no-passing zones as authorized in
14 section 3307 (relating to no-passing zones).
15 (13) Prohibiting or regulating the use of designated
16 streets by any class or kind of traffic.
17 (14) Establishing minimum speed limits as authorized in
18 section 3364 (relating to minimum speed regulation).
19 (15) Regulating and temporarily prohibiting traffic on
20 streets closed or restricted for construction, maintenance or
21 special events.
22 (16) Prohibiting pedestrians from crossing a roadway in
23 a business district or any designated highway except in a
24 crosswalk.
25 (17) Restricting pedestrian crossings at unmarked
26 crosswalks.
27 (18) Regulating persons propelling push carts.
28 (19) Regulating persons upon skates, coasters, sleds and
29 other toy vehicles.
30 (20) Adopting and enforcing such temporary or
19770H1171B1378 - 99 -
1 experimental regulations as may be necessary to cover
2 emergencies or special conditions.
3 (21) Regulating the operation of streetcars, the passing
4 of streetcars by other vehicles and the driving upon
5 streetcar tracks by other vehicles.
6 (22) Providing for and establishing procedures governing
7 the removal and impounding of any vehicle parked on the
8 highways or public property of the local authority in
9 violation of any local ordinance adopted pursuant to the
10 authority of this title or of any of the provisions of this
11 title.
12 (23) Adopting such other traffic regulations as are
13 specifically authorized by this title.
14 * * *
15 (e) Engineering and traffic [investigation] study
16 required.--Action by local authorities under this section shall
17 be taken only after completing an engineering and traffic
18 [investigation] study when and in such manner as required by
19 regulations promulgated by the department.
20 § 6112. Removal of traffic hazards by property owner.
21 (a) General rule.--No person shall plant or place any tree,
22 plant, shrub or other obstruction which, by obstructing the view
23 of any driver or in any other manner, constitutes a traffic
24 hazard.
25 [(a) General rule] (b) Duty of property owner.--It is the
26 duty of the owner of real property to remove from the property
27 any tree, plant, shrub or other [similar] obstruction, or part
28 thereof, which by obstructing the view of any driver or in any
29 other manner constitutes a traffic hazard.
30 [(b)] (c) Notice of hazard.--When the department or any
19770H1171B1378 - 100 -
1 local authority determines on the basis of an engineering and
2 traffic [investigation] study that a traffic hazard exists, it
3 shall [notify], by certified mail, order the owner [and order]
4 to remove the hazard [removed] within ten days.
5 [(c)] (d) Penalty.--The failure of the owner to remove the
6 traffic hazard within ten days after notice under subsection
7 [(b)] (c) is a summary offense and every day the owner fails to
8 remove it shall be a separate and distinct offense. The offense
9 is punishable by a fine of $10.
10 § 6122. Authority to erect traffic-control devices.
11 (a) General rule.--The department on State-designated
12 highways and local authorities on any highway within their
13 boundaries may erect official traffic-control devices, which
14 shall be installed and maintained in conformance with the manual
15 and regulations published by the department upon all highways as
16 required to carry out the provisions of this title or to
17 regulate, restrict, direct, warn, prohibit or guide traffic.
18 (1) Local authorities shall obtain approval of the
19 department prior to erecting an official traffic-control
20 device on a State-designated highway except where department
21 regulations provide otherwise.
22 (2) Local authorities shall obtain approval of the
23 department prior to erecting any traffic-control signal
24 except in a municipality with a traffic engineer qualified in
25 accordance with department regulations.
26 * * *
27 (e) Costs.--The cost of erection of traffic-control signals
28 located on State-designated highways shall be borne by the
29 Commonwealth. At intersections of State-designated highways and
30 local roads, such costs shall be borne by the Commonwealth and
19770H1171B1378 - 101 -
1 the local authorities having jurisdiction over the local road,
2 each paying one-half of such costs, but local authorities may,
3 at their option, pay more than their half of the costs in such
4 cases.
5 § 6301. Prosecutions under local ordinances superseded by
6 title.
7 [When] Except for parking violations, when the same conduct
8 is [prescribed] proscribed under this title and a local
9 ordinance, the charge shall be brought under this title and not
10 under the local ordinance. Prosecutions brought under any local
11 ordinance, rule or regulation, which are based on a violation
12 for which there is a specific penalty provided in this title,
13 except for [overtime] parking violations, shall be deemed as
14 having been brought under this title and the assessment
15 disposition of the fines and forfeitures shall be so governed.
16 Local ordinances [regulating overtime] relating to parking shall
17 prescribe fines for violations and may authorize the payment of
18 penalties in lieu of fines and costs under prescribed
19 conditions.
20 § 6305. Arrest of nonresident.
21 (a) General rule.--Upon arrest of a nonresident for any
22 violation of this title, a police officer shall escort the
23 defendant to the appropriate issuing authority for a hearing,
24 posting of bond or payment of the applicable fine and costs,
25 unless the defendant chooses to place the amount of the
26 applicable fine (or the maximum fine in the case of a variable
27 fine) and costs in a stamped envelope addressed to the
28 appropriate issuing authority and mails the envelope in the
29 presence of the police officer or unless the defendant is
30 covered by a reciprocity agreement between their resident state
19770H1171B1378 - 102 -
1 and Pennsylvania as authorized in Subchapter C of Chapter 61
2 (relating to reciprocity).
3 * * *
4 § 6306. Costs for summary offenses.
5 (a) General rule.--Except as provided in subsection (b), any
6 person convicted of a summary offense under this title shall, in
7 addition to the fine imposed, be sentenced to pay $10 as costs
8 of the issuing authority which costs shall include all charges
9 including, when called for, the costs of postage and registered
10 or certified mail and the costs of giving a transcript to the
11 prosecutor or defendant, or both, if requested.
12 (b) Conviction after hearing.--Where the person charged with
13 a summary offense under this title demands a hearing, the costs
14 of the issuing authority shall be $15, which costs shall include
15 all charges including the charges specified in subsection (a).
16 (c) Cost of removing vehicle.--In addition to costs payable
17 under subsections (a) and (b), the defendant shall pay to the
18 issuing authority any costs incurred in removing a vehicle under
19 section 3352 (relating to removal of vehicle by or at direction
20 of police).
21 (d) Disposition of costs.--All costs collected for
22 convictions for summary offenses under this title shall be paid
23 monthly to the county in which the magisterial district is
24 located and shall be retained by the county for its use.
25 § 6308. Investigation by police officers.
26 (a) Duty of operator or pedestrian.--The operator of any
27 vehicle or any pedestrian [reasonably believed to have violated
28 any provision of this title] shall stop upon request or signal
29 of any uniformed police officer and shall[, upon request,]:
30 (1) exhibit a registration card, driver's license and
19770H1171B1378 - 103 -
1 proof of insurance, or other means of identification if a
2 pedestrian or driver of a pedalcycle; and [shall write]
3 (2) write their name in the presence of the police
4 officer if so required for the [purposes] purpose of
5 establishing identity.
6 (b) Authority of police officer.--Any uniformed police
7 officer may stop a vehicle, upon request or signal, for the
8 purpose of inspecting the vehicle as to its equipment and
9 operation, or vehicle identification number or engine number, or
10 to secure such other information as the officer may reasonably
11 believe to be necessary to enforce the provisions of this title.
12 (c) Inspection of garages and dealer premises.--Any police
13 officer or authorized department employee may inspect any
14 vehicle in any public garage or repair shop or on the premises
15 of any dealer, salvor, scrap metal processor, insurer, or other
16 public place of business for the purpose of locating stolen
17 vehicles or parts. The owner of the garage or repair shop or the
18 dealer or other person shall permit any police officer or
19 authorized department employee to make investigations under this
20 subsection.
21 (d) Production to avoid penalty.--No person shall be charged
22 with failure to exhibit proof of insurance as required by
23 subsection (a)(1) if the person does not have proof of insurance
24 in their possession and produces proof of insurance valid on the
25 date of the request at the office of the investigating officer
26 within five days of the violation.
27 § 6322. Reports by issuing authorities.
28 (a) General rule.--Following the [fifteenth and last days]
29 last day of each month, every issuing authority shall prepare a
30 statement, upon forms prescribed and furnished by the
19770H1171B1378 - 104 -
1 [department] Commonwealth, of all fines collected, bail
2 forfeited[,] and sentence imposed [and final disposition] for
3 all [cases on] violations of any provisions of this title
4 decided by the issuing authority in the [semimonthly] monthly
5 reporting period just concluded:
6 (1) Cases which have been appealed shall not be included
7 in the report.
8 (2) Cases which are appealable shall not be included in
9 the report until the appeal period expires.
10 (3) The statement shall be certified by the issuing
11 authority to be true and correct and shall be forwarded to
12 the department within [the following week] seven days, with a
13 copy sent to the police department which filed the charge.
14 (4) [The fines and bail forfeited] A copy of the
15 citation or summons shall accompany the report to the
16 department.
17 * * *
18 § 6323. Reports by courts of record.
19 The clerk of any court of record of this Commonwealth, within
20 ten days after final judgment of conviction or acquittal or
21 other disposition of charges under any of the provisions of this
22 title, shall send to the department a record of the judgment of
23 conviction, acquittal or other disposition on a form prescribed
24 by the department. A record of the judgment shall also be
25 forwarded to the department upon conviction [or acquittal] of a
26 person of a misdemeanor or felony in the commission of which the
27 judge determines that a motor vehicle was essentially involved.
28 The fines and bail forfeited shall accompany the record sent to
29 the department.
30 § [6327] 6326. Inspection of records.
19770H1171B1378 - 105 -
1 The records of the issuing authority, department and each
2 police department required under this subchapter shall be open
3 for inspection by any police officer or authorized employee of
4 the department, the Department of Justice, the Department of
5 Revenue, the Auditor General and the Court Administrator of [the
6 Supreme Court] Pennsylvania.
7 § 6342. Registration number as prima facie evidence of
8 operation.
9 (a) General rule.--In any proceeding for a violation of the
10 provisions of this title or any local ordinance[, rule or
11 regulation,] regulating parking, the registration plate
12 displayed on a vehicle shall be prima facie evidence that the
13 owner of the vehicle was then operating the vehicle.
14 [(b) Burden shifted by testimony of owner.--If at any
15 hearing or proceeding the owner testifies under oath or
16 affirmation that the owner was not operating the vehicle at the
17 time of the alleged violation and submits to an examination as
18 to who at the time was operating the vehicle and reveals the
19 name of the person, if known, then the prima facie evidence
20 arising from the registration plate shall be overcome and
21 removed and the burden of proof shifted.]
22 [(c)] (b) Burden shifted by affidavit of owner.--If the
23 information is made in a county other than that of the owner's
24 own residence and an affidavit setting forth these facts is
25 forwarded to the issuing authority, the prima facie evidence
26 arising from the registration plate shall be overcome and the
27 burden of proof shifted.
28 § 6504. Inability to pay fine and costs.
29 [(a) Order for installment payments.--]Upon plea and proof
30 that a person is unable to pay any fine and costs imposed under
19770H1171B1378 - 106 -
1 this title, a court may, in accordance with the Pennsylvania
2 Rules of Criminal Procedure, order payment of the fine and costs
3 in installments and shall fix the amounts, times and manner of
4 payment.
5 § 6505. Imprisonment for nonpayment.
6 [(b) Imprisonment for nonpayment.--]Any person who does not
7 pay any fine or costs assessed for a summary conviction under
8 this title which has not been appealed or who does not comply
9 with an order entered under [this section] section 6504
10 (relating to inability to pay fine and costs) may be imprisoned
11 for a number of days equal to one day for each $10 of the unpaid
12 balance of the fine and costs.
13 [§ 6505] § 6506. Disposition of fines and forfeitures.
14 (a) State Police enforcement.--When prosecution under the
15 provisions of this title is the result of State Police action,
16 all fines and penalties and all bail forfeited shall be paid to
17 the Department of Revenue, transmitted to the State Treasury and
18 credited to the Motor License Fund. One-half of the revenue
19 shall be paid to municipalities in the same ratio provided in
20 section 4 of the act of June 1, 1956 (P.L.1944, No.655),
21 relating to partial allocation of liquid fuels and fuel use tax
22 proceeds.
23 (b) Local police enforcement in general.--When prosecution
24 under the provisions of this title, except for parking, is the
25 result of local police action, one-half of all fines and
26 penalties and all bail forfeited shall be paid to the political
27 subdivision under which the local police are organized and one-
28 half to the Department of Revenue, transmitted to the State
29 Treasury and credited to the Motor License Fund.
30 (c) Local police enforcement of parking.--When prosecution
19770H1171B1378 - 107 -
1 under the provisions of this title for parking is the result of
2 local police action, all fines and penalties and all bail
3 forfeited shall be paid to the political subdivision under which
4 the local police are organized.
5 § 7102. Removal or falsification of identification number.
6 (a) Offense defined.--A person who willfully removes or
7 falsifies an identification number of a vehicle, engine,
8 differential or transmission is guilty of a misdemeanor of the
9 [third] second degree.
10 (b) Fraudulent intent.--A person who willfully and with
11 intent to conceal or misrepresent the identity of a vehicle,
12 engine, differential or transmission, removes or falsifies an
13 identification number thereof, is guilty of a misdemeanor of the
14 first degree.
15 (c) Exception.--This section does not apply to the removal
16 of [an] a vehicle identification number plate from a vehicle
17 [for which a certificate of junk has been obtained] in
18 accordance with the requirements of section 1117(a) (relating to
19 vehicle destroyed or junked).
20 § 7103. Dealing in vehicles with removed or falsified
21 numbers.
22 (a) Offense defined.--A person who buys, receives,
23 possesses, sells or disposes of a vehicle, engine, differential
24 or transmission, knowing that an identification number has been
25 removed or falsified, is guilty of a misdemeanor of the third
26 degree.
27 (b) Knowledge of fraudulent intent.--A person who buys,
28 receives, possesses, sells or disposes of a vehicle, engine,
29 differential or transmission with knowledge that an
30 identification number has been removed or falsified with intent
19770H1171B1378 - 108 -
1 to conceal or misrepresent the identity thereof, is guilty of a
2 [felony of the third degree] misdemeanor of the first degree.
3 (c) Exception.--This section does not apply to the removal
4 of [an] a vehicle identification number plate from a vehicle
5 [for which a certificate of junk has been obtained] in
6 accordance with the requirements of section 1117(a) (relating to
7 vehicle destroyed or junked).
8 § 7105. Seizure of vehicles with removed or falsified
9 numbers.
10 (a) Duty of police.--Every police officer having knowledge
11 of a vehicle on which the [vehicle] identification number of the
12 vehicle, engine, differential or transmission has been removed
13 or falsified shall immediately seize and take possession of the
14 vehicle, engine, differential or transmission and arrest or file
15 a complaint for the arrest of the suspected owner or custodian.
16 In all actions involving seizure or possession of such vehicles,
17 [vehicle] engines, differentials or transmissions identification
18 information shall be transmitted to the Federal or other
19 agencies involved in recovery of stolen vehicles, engines,
20 differential or transmissions.
21 [(b) Proceedings if owner known.--The court, upon petition
22 of the owner or of the person entitled to possession of a seized
23 vehicle may relinquish custody of the vehicle to the person
24 legally entitled to the vehicle upon presentation of proof that
25 a State replacement vehicle identification number plate has been
26 issued by the department under section 7104 (relating to State
27 replacement vehicle identification number plate). Except as
28 otherwise provided in this section, the court shall retain in
29 custody the seized vehicle pending prosecution of the person
30 arrested. In case the person is found guilty, the vehicle shall
19770H1171B1378 - 109 -
1 remain in the custody of the court until the fine and costs of
2 prosecution are paid, except that if 90 days have elapsed after
3 the verdict has been rendered and the fine and costs have not
4 been paid, the court shall proceed to advertise and sell the
5 vehicle in the manner provided by law for the sale of personal
6 property under execution. The proceeds from the sale shall be
7 used to pay the fine and costs of prosecution and the balance,
8 if any, shall be forwarded to the department to be transmitted
9 to the State Treasurer for deposit in the Motor License Fund.]
10 (b) Proceedings if owner known:
11 (1) Except as provided in paragraph (2), the court shall
12 retain in custody the seized vehicle, engine, differential or
13 transmission pending prosecution of the person arrested. If
14 the person is found guilty, the vehicle shall remain in the
15 custody of the court until the fine and costs of prosecution
16 are paid, except that if 90 days have elapsed after the
17 verdict has been rendered and the fine and costs have not
18 been paid, the court shall advertise and sell the vehicle,
19 engine, differential or transmission in the manner provided
20 by law for the sale of personal property under execution. The
21 proceeds from the sale shall be used to pay the fine and
22 costs of prosecution and the balance, if any, shall be
23 forwarded to the department to be transmitted to the State
24 Treasurer for deposit in the Motor License Fund.
25 (2) The court may relinquish custody of such:
26 (i) a vehicle to a person to whom a State
27 replacement vehicle identification number plate has been
28 issued in accordance with section 7104 (relating to State
29 replacement vehicle identification number plate); or
30 (ii) an engine, differential or transmission to the
19770H1171B1378 - 110 -
1 owner or person entitled thereto.
2 (c) Proceedings if owner unknown.--If ownership of the
3 vehicle, engine, differential or transmission is not established
4 to the satisfaction of the court, the vehicle, engine,
5 differential or transmission shall be confiscated by the court
6 and sold immediately, and the proceeds shall be used to pay the
7 costs of proceedings and the balance, if any, shall be forwarded
8 to the department to be transmitted to the State Treasurer for
9 deposit in the Motor License Fund.
10 § 7113. Reporting stolen and recovered vehicles.
11 (a) Stolen vehicle.--Every police department or police
12 [office] officer, having knowledge of a stolen vehicle, shall
13 immediately furnish the State Police with full information about
14 the stolen vehicle. The State Police shall forward the stolen
15 vehicle information to the department.
16 * * *
17 [§ 7116. Fraudulent removal of vehicle from garage.
18 No person shall remove or cause to be removed, by any false
19 pretension or with intent to defraud, any vehicle that has been
20 placed in a garage or automobile shop for storage, repair or
21 garage service.]
22 § 7121. False application for certificate of title or
23 registration.
24 A person is guilty of a misdemeanor of the [first] second
25 degree if the person uses a false or fictitious name or address
26 or makes a material false statement, or fails to disclose a
27 security interest, or conceals any other material fact in an
28 application for a certificate of title or for registration.
29 § 7122. Altered, forged or counterfeit documents and plates.
30 A person is guilty of a misdemeanor of the [first] second
19770H1171B1378 - 111 -
1 degree if the person, with fraudulent intent:
2 (1) alters, forges or counterfeits a certificate of
3 title, registration card or plate[, inspection certificate]
4 or proof of insurance;
5 (2) alters or forges an assignment of a certificate of
6 title, or an assignment or release of a security interest on
7 a certificate of title or any other document issued or
8 prepared for issue by the department; or
9 (3) has possession of, sells or attempts to sell, uses
10 or displays a certificate of title, registration card or
11 plate, [driver's license, inspection certificate] proof of
12 insurance or any other document issued by the department,
13 knowing it to have been altered, forged or counterfeited.
14 § 7123. Sale or purchase of certificate or other document.
15 [It is unlawful to purchase or sell] A person is guilty of a
16 misdemeanor of the second degree if such person purchases or
17 sells a certificate or any other document issued by the
18 department. Police officers or department representatives may
19 confiscate the documents when unlawfully possessed or used.
20 § 7301. Authorization of salvors.
21 * * *
22 (d) Storage facility.--A salvor may rent or own a storage
23 facility, which shall comply with the act of [December 15, 1971
24 (P.L.596, No.160), known as the "Outdoor Advertising Control Act
25 of 1971," where applicable, and with regulations promulgated by
26 the department.] July 28, 1966 (3rd Sp.Sess., P.L.91, No.4),
27 entitled "An act restricting the establishment and maintenance
28 of junkyards along highways; providing for the screening of
29 outdoor junkyards; prescribing a license fee; conferring powers
30 and imposing duties on the Secretary of Highways; providing
19770H1171B1378 - 112 -
1 authority to take property by eminent domain for the screening
2 or removal of junkyards in certain cases; making an
3 appropriation; and providing penalties."
4 § 7306. Payment of costs upon reclaiming vehicle.
5 In the event the owner or lienholder of an abandoned vehicle
6 reclaims the vehicle, the reclaiming party shall pay the costs
7 for towing and storage, plus a fee of [$25 of which $10] $15
8 which shall be transmitted to the department by the salvor.
9 § 7309. Junking of vehicles valueless except for junk.
10 * * *
11 (c) Reimbursement of expenses of salvor.--Upon receipt
12 within six months of evidence that a salvor has removed an
13 abandoned vehicle upon the request of a police department and
14 applied for a certificate of junk for such vehicle, the
15 department shall pay to the salvor from the Motor License Fund
16 the sum of $15 for the expenses incurred in the removal and
17 towing of the abandoned vehicle. No portion of the $15 payment
18 or any separate consideration shall be reimbursed or paid to any
19 government agency or municipalities by the salvor.
20 * * *
21 § 7502. Certificate of authorization.
22 * * *
23 (c) Bond required.--Before issuing a certificate of
24 authorization, the department shall require the applicant to
25 furnish and maintain a bond indemnifying the public and the
26 department in the amount of [$50,000] $25,000. An individual
27 bond for each place of business is not required, but all places
28 of business shall be covered by the bond.
29 * * *
30 § 7703. Applicability of chapter.
19770H1171B1378 - 113 -
1 (a) Vehicle regulation generally.--Unless the context
2 clearly indicates otherwise, the other provisions of this title
3 do not apply to this chapter.
4 (b) Law enforcement officers.--This chapter does not apply
5 to law enforcement officers while engaged in the performance of
6 their official duties.
7 Section 2. Transitional traffic control provisions.
8 In addition to the transitional provisions provided in
9 section 2 of the act of June 17, 1976 (P.L.162, No.81), entitled
10 "An act amending Title 75 (Vehicles) of the Pennsylvania
11 Consolidated Statutes, adding revised, compiled and codified
12 provisions relating to vehicles and pedestrians," the following
13 transitional provisions regarding the exemption of existing
14 traffic restrictions from engineering and traffic studies are
15 hereby provided and shall apply to the pertinent provisions of
16 Title 75 of the Pennsylvania Consolidated Statutes:
17 (1) Engineering and traffic studies will not be
18 required for traffic restrictions in effect and duly posted
19 on the effective date of this act, except that engineering
20 and traffic studies will be required within three years of
21 the effective date of this act in order to validate the
22 following types of traffic restrictions:
23 (i) School speed zones and school signs as provided
24 for in section 3365(b) (relating to special speed
25 limitations).
26 (ii) Stop intersections as provided for in section
27 6109(a)(6) (relating to specific powers of department and
28 local authorities), where three or more approaches are
29 required to stop.
30 (iii) No-passing zones as provided for in section
19770H1171B1378 - 114 -
1 3307 (relating to no-passing zones) on two lane, two-way
2 highways.
3 (iv) Angle parking as provided for in section
4 3354(c) (relating to additional parking regulations).
5 (v) Any maximum speed as provided for in section
6 3363 (relating to alteration of maximum speed units) of
7 less than 35 miles per hour.
8 (2) At the time of the first renewal after July 1, 1977,
9 a driver holding a valid driver's license issued by the
10 department may have the renewed driver's license endorsed
11 with one or more classes of vehicles based on self
12 certification in driving the classes of vehicles without
13 undergoing an examination.
14 Section 3. Transitional revocation and suspension
15 provisions.
16 Notwithstanding the provisions of 75 Pa.C.S. § 1543(b)(3)
17 (relating to extending existing suspension), the department,
18 upon receiving a certified record of the conviction of any
19 person upon a charge of driving a vehicle while the operating
20 privilege was revoked for one year under section 616(a) of "The
21 Vehicle Code" of 1959 or revoked for six months or one year
22 under this title prior to the effective date of this amendatory
23 act, shall suspend such operating privilege for an additional
24 like period.
25 Section 4. Color photograph requirement deadline.
26 The requirement for a color photograph on an identification
27 card provided for in 75 Pa.C.S. § 1510 (relating to issuance and
28 content of driver's license) as added by the act of June 17,
29 1976 (P.L.162, No.81) shall be implemented no later than July 1,
30 1978.
19770H1171B1378 - 115 -
1 Section 5. Repeals.
2 Section 2(h), act of June 17, 1976 (P.L.162, No.81), entitled
3 "An act amending Title 75 (Vehicles) of the Pennsylvania
4 Consolidated Statutes, adding revised, compiled and codified
5 provisions relating to vehicles and pedestrians," is hereby
6 repealed.
7 Section 209(b)(2) and (3), act of July 15, 1976 (P.L.1014,
8 No.204), known as the "Magisterial District Reform Act," is
9 hereby repealed.
10 Section 6. Effective date.
11 This act shall take effect July 1, 1977, or immediately
12 whichever is later.
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