PRINTER'S NO. 449
No. 406 Session of 1975
INTRODUCED BY KUSSE, CUMBERLAND, HOPKINS, W. W. FOSTER, TURNER,
SIRIANNI AND SPENCER, FEBRUARY 11, 1975
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 11, 1975
AN ACT
1 Amending the act of April 29, 1959 (P.L.58, No.32), entitled "An
2 act consolidating and revising the Vehicle Code, the Tractor
3 Code, the Motor Vehicle Financial Responsibility Act and
4 other acts relating to the ownership, possession and use of
5 vehicles and tractors," limiting the use and sale of studded
6 tires and providing penalties.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Subsection (c) and the penalty clause of section
10 829, act of April 29, 1959 (P.L.58, No.32), known as "The
11 Vehicle Code," amended June 17, 1974 (No.104), are amended to
12 read:
13 Section 829. Chains and Tires.--
14 * * *
15 (c) No tire on a vehicle moved on a highway shall have on
16 its periphery any block, stud, flange, cleat or spike, or any
17 other protuberance which projects beyond the tread of the
18 traction surface of the tire, of any material other than rubber,
19 except that it shall be permissible to use (1) tire chains
20 consisting of not less than five (5) cross chains and which do
1 not project more than one (1) inch upon the outside surface of
2 the periphery of the wheel of any vehicle and (2) from [November
3 1] October 15 of each year to April 30 of the following year
4 tires in which have been inserted ice grips or tire studs of
5 wear-resisting material, installed in such manner as to provide
6 resiliency upon contact with the road, with projections not to
7 exceed two thirty-seconds (2/32) of an inch beyond the tread of
8 the traction surface of the tire, and constructed to prevent any
9 appreciable damage to the road surface: Provided, That after the
10 effective date of this amending act, the sale of tires in which
11 have been inserted ice grips or tire studs with projections in
12 excess of two thirty-seconds (2/32) of an inch shall be
13 prohibited: And, provided further, That the Governor may by
14 executive order extend the time tires with ice grips or tire
15 studs may be used when highway conditions are such that such
16 tires would be a safety factor in traveling Commonwealth
17 highways: And, be it further provided, That fire fighting and
18 fire emergency vehicles may use tires with ice grips or tire
19 studs during any time of the year.
20 * * *
21 Penalty.--Any person violating any of the provisions of
22 subsection (a) or (b) of this section, shall, upon summary
23 conviction before a magistrate, be sentenced to pay a fine of
24 ten dollars ($10.00) and costs of prosecution, and, in default
25 of the payment thereof, shall undergo imprisonment for not more
26 than five (5) days.
27 Any person violating any of the provisions of subsection (c)
28 of this section, shall upon summary conviction before a
29 magistrate, be sentenced to pay a fine as indicated in the chart
30 below and costs of prosecution, and, in default of the payment
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1 thereof, shall undergo imprisonment for not more than thirty
2 (30) days:
3 May 1 to May 31 $35
4 June 1 to June 30 45
5 July 1 to July 31 55
6 August 1 to August 31 55
7 September 1 to September 30 55
8 October 1 to October [31] 15 55
9 [November 1] October 16 to April 30 10
10 Section 2. This act shall take effect immediately.
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