PRIOR PRINTER'S NOS. 1378, 1534 PRINTER'S NO. 1805
No. 1171 Session of 1977
INTRODUCED BY MESSRS. BELLOMINI AND DININNI, MAY 25, 1977
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 18, 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," "emergency vehicle," "motor-
7 driven cycle," "motorized pedalcycle," "passenger car,"
8 "reconstructed vehicle," "roadway," "valueless except for junk"
9 and "vehicle" in section 102, sections 1102, 1103(a), (b), (C), <--
10 (d) and (e), 1111(a), 1113(a) and (c), 1114(b), 1117(a), (d),
11 (e) and (f), 1118(f), 1301, 1302, 1304(d), 1305(a), 1306,
12 1307(e), 1309, 1311, 1313(c), 1333(c), 1334(a), 1337(a) and (c),
13 1338, 1340, 1341, 1342, 1344, 1373, 1374(a), 1502(3), 1503, <--
14 1504(d), 1505(b) and (c), 1507(d), 1509(a), 1511, 1513(a), 1514, <--
15 1515, 1519, 1532, 1533, 1534, 1535, 1538(b) and (d), 1539(c),
16 1540, 1541(a) and (c), 1542(b), (c), (d) and (e), AND (C), 1543, <--
17 1545, 1547(a), (b) and (d), 1549(b), 1550, 1551, 1552, 1571, <--
18 1572, 1573, 1901(a), (b) and (c), 1911, 1914, 1915, 1916, 1917, <--
1 1919, 1923, 1924, 1926(c), 1929, 1943(b), 1944, 1945, 1946,
2 1947, 1951, 1953, 1955(a), 1957, 3101, 3105(c) and (d), 3112(a),
3 3307(a) and (b), 3331(b), 3334(b) 3335, 3345, 3351(a), 3352, <--
4 3353(a) and (e), 3354(d) and (e), 3363, 3364(c), 3365(a) and
5 (c), 3367(b), 3502, 3504, 3507(a), 3522(a), 3525(a), 3706, 3709,
6 3711(b), 3746(c), 3749(b) and (c), 3751(b), 3752, 4103, 4107(a),
7 4303(c), 4502, 4524(d), 4525, 4552(e), 4553(b), 4571, 4702, <--
8 4703, 4704(a), 4721, 4723, 4726, 4727(a), 4728, 4729, 4902(d) <--
9 and (e), 4903(c), 4904(c), 4921, 4924(a), 4943(b), 4944,
10 4946(a), 4962(b) and (d), 4965, 4966, 4967, 4981(a), (c) and <--
11 (d), 4982, 6104(a), 6105, 6109(a) and (e), 6112, 6122(a), 6301,
12 6305(a), 6306, 6308, 6322(a), 6323, 6327, 6342, 6503, 6504, <--
13 6505, 7102, 7103, 7105, 7113(a), 7116, 7121, 7122, 7123,
14 7301(d), 7306, 7309(c), 7502(c) and 7703 of Title 75, act of
15 November 25, 1970 (P.L.707, No.230), known as the Pennsylvania
16 Consolidated Statutes, added June 17, 1976 (P.L.162, No.81), are
17 amended, and the definitions of "church," "historic motor
18 vehicle" and "recreational vehicle" in section 102, sections
19 1331(f), 1336(c), 1505(e), 1508(c), 1538(e), 1541(d), 1550, <--
20 1552, 1553, 1944, 1948, 1960, 1961, 3111(e), 3342(d), 3346, <--
21 3505(e), 4305(d), 4552(i), 4942(d), 6122(e), 6309 and 6506 are
22 added to read:
23 § 102. Definitions.
24 Subject to additional definitions contained in subsequent
25 provisions of this title which are applicable to specific
26 provisions of this title, the following words and phrases when
27 used in this title shall have, unless the content clearly
28 indicates otherwise, the meanings given to them in this section:
29 "Abandoned vehicle."
30 (1) A vehicle (other than a pedalcycle):
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1 (i) that is inoperable and is left unattended on
2 public property for more than 48 hours;
3 (ii) that has remained illegally on public property
4 for a period of more than 48 hours;
5 (iii) [without] which does not have both a valid
6 registration plate [or] and certificate of inspection [or
7 title] and which is left unattended on [or along] a
8 highway; or
9 (iv) that has remained on private property without
10 the consent of the owner or person in control of the
11 property for more than 48 hours.
12 (2) Vehicles and equipment used or to be used in
13 construction or in the operation or maintenance of public
14 utility facilities, which are left in a manner which does not
15 interfere with the normal movement of traffic, shall not be
16 considered to be abandoned.
17 * * *
18 "Bus." A motor vehicle designed for carrying more than ten
19 passengers, exclusive of the driver, and used for the
20 transportation of persons and [a] any other motor vehicle [,
21 other than a taxicab, designed and] used for the transportation
22 of persons for compensation. The term does not include a taxi or
23 a vehicle used in a carpool.
24 * * *
25 "Church." An organization for religious purposes which
26 exists for the predominant purpose of holding, conducting or
27 sponsoring religious activities or religious education, without
28 pecuniary benefit to any officer, member or shareholder except
29 as reasonable compensation for actual services rendered to the
30 organization.
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1 ["Classic motor vehicle." A self-propelled vehicle, but not
2 a reproduction thereof, manufactured more than ten years prior
3 to the current year and, because of discontinued production and
4 limited availability, determined by the department to be a model
5 or make of significant value to collectors or exhibitors and
6 which has been maintained in or restored to a condition which is
7 substantially in conformity with manufacturer specifications and
8 appearance.]
9 * * *
10 "Driver." A person who drives or is in actual physical
11 control of a motor vehicle.
12 * * *
13 "Emergency vehicle." A fire department vehicle, police
14 vehicle, ambulance, blood-delivery vehicle, armed forces
15 emergency vehicle, one private vehicle of a fire or police chief
16 or assistant chief OR WHEN A FIRE COMPANY HAS THREE OR MORE <--
17 PIECES OF APPARATUS, A SECOND ASSISTANT CHIEF, or ambulance
18 corps commander or assistant commander or of a river rescue
19 commander or coroner used for answering emergency calls or other
20 vehicle designated by the State Police under section 6106
21 (relating to designation of emergency vehicles by Pennsylvania
22 State Police).
23 * * *
24 "Historic motor vehicle." A self-propelled vehicle, but not
25 a reproduction thereof, manufactured more than ten years prior
26 to the current year and, because of discontinued production and
27 limited availability, determined by the department to be a model
28 or make of significant value to collectors or exhibitors and
29 which has been maintained in or restored to a condition which is
30 substantially in conformity with manufacturer specifications and
19770H1171B1805 - 4 -
1 appearance.
2 * * *
3 ["Motor-driven cycle." A motorcycle, including a motor
4 scooter, with a motor which produces not to exceed five brake
5 horsepower, and every pedalcycle with motor attached.]
6 "Motorized pedalcycle." A [motor-driven cycle] motorcycle
7 equipped with operable pedals, a motor rated no more than 1.5
8 brake horsepower, a cylinder capacity not exceeding 50 cubic
9 centimeters, an automatic transmission, and a maximum design
10 speed of no more than 25 miles per hour.
11 "Passenger car." A motor vehicle, except a motorcycle or
12 taxi, designed primarily for carrying ten passengers or less,
13 and primarily used for the transportation of persons.
14 * * *
15 "Reconstructed vehicle." A vehicle materially altered from
16 its original construction by the removal, addition or
17 substitution of essential parts, new or used, or a vehicle,
18 other than an antique or [classic] historic vehicle, for which a
19 certificate of junk was issued and is thereafter restored to
20 operating condition.
21 * * *
22 "Recreational vehicle." A vehicular type unit primarily
23 designed as temporary living quarters for recreation, camping or
24 travel use which either has its own motive power or is drawn by
25 another vehicle.
26 * * *
27 "Roadway." That portion of a highway improved, designed or
28 ordinarily used for vehicular travel, exclusive of the
29 sidewalk[, berm] or shoulder even though such sidewalk[, berm]
30 or shoulder is used by pedalcycles. In the event a highway
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1 includes two or more separate roadways the term "roadway" refers
2 to each roadway separately but not to all such roadways
3 collectively.
4 * * *
5 "Valueless except for junk." A vehicle which is inoperable
6 or unable to meet the vehicle equipment and inspection standards
7 under Part IV (relating to vehicle characteristics) to the
8 extent that the cost of repairs would exceed the value of the
9 repaired vehicle. The term does not include a vehicle which
10 would qualify as an antique or [classic] historic vehicle except
11 for its lack of restoration or maintenance.
12 "Vehicle." Every device [in, upon or by] which [any person
13 or property] is or may be [transported] moved or drawn upon a
14 highway, except devices used exclusively upon rails or tracks.
15 * * *
16 § 1102. Vehicles not requiring certificate of title.
17 No certificate of title shall be issued for:
18 (1) A vehicle owned by the United States unless it is
19 registered in this Commonwealth.
20 (2) A golf cart, [motor-driven cycle] motorized
21 pedalcycle, go-cart or other similar vehicle unless it is
22 registered in this Commonwealth.
23 (3) A new vehicle owned by a manufacturer or registered
24 dealer before and until sale.
25 (4) A vehicle owned by a nonresident of this
26 Commonwealth and not required by law to be registered in this
27 Commonwealth.
28 (5) A vehicle owned by a resident legally required to be
29 registered in another state, based and used principally
30 outside of this Commonwealth, and not required by law to be
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1 registered in this Commonwealth.
2 (6) A vehicle regularly engaged in the interstate
3 transportation of persons or property for which a currently
4 effective certificate of title has been issued in another
5 state.
6 (7) A vehicle moved solely by human or animal power.
7 (8) An implement of husbandry unless required to be
8 registered.
9 (9) Special mobile equipment unless required to be
10 registered.
11 (10) A mobile home.
12 (11) A riding lawnmower with an engine not exceeding 16
13 h.p.
14 § 1103. Application for certificate of title.
15 (a) Contents of application.--Application for a certificate
16 of title shall be made upon a form prescribed and furnished by
17 the department and shall contain a full description of the
18 vehicle, the vehicle identification number, date of purchase,
19 the actual or bona fide name and address of the owner, a
20 statement of the title of applicant, together with any other
21 information or documents the department requires to identify the
22 vehicle and to enable the department to determine whether the
23 owner is entitled to a certificate of title and the [amount and]
24 description of any security interests in the vehicle.
25 (b) Signing and filing of application.--Application for a
26 certificate of title shall be made within [ten] five days of the
27 sale or transfer of a vehicle or its entry into this
28 Commonwealth from another jurisdiction, whichever is later. The
29 application shall be accompanied by the fee prescribed in this
30 title, and any tax payable by the applicant under the laws of
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1 this Commonwealth in connection with the acquisition or use of a
2 vehicle or evidence to show that the tax has been collected. The
3 application shall be signed and verified by oath or affirmation
4 by the applicant if a natural person; in the case of an
5 association or partnership, by a member or a partner; and in the
6 case of a corporation, by an executive officer or some person
7 specifically authorized by the corporation to sign the
8 application.
9 * * * <--
10 (C) MANUFACTURER'S STATEMENT OF ORIGIN FOR NEW VEHICLES.--IF <--
11 THE APPLICATION REFERS TO A NEW VEHICLE, IT SHALL BE ACCOMPANIED
12 BY THE MANUFACTURER'S STATEMENT OF ORIGIN FOR THE VEHICLE.
13 NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, A TRACING OR
14 PHOTOGRAPH OF THE VEHICLE IDENTIFICATION NUMBER SHALL NOT BE
15 REQUIRED WHEN THE APPLICATION WHICH REFERS TO A NEW VEHICLE IS
16 ACCOMPANIED BY THE MANUFACTURER'S STATEMENT OF ORIGIN.
17 (d) Vehicles purchased from dealers.--If the application
18 refers to a vehicle purchased from a dealer, the dealer shall
19 mail or deliver the application to the department within [ten]
20 five days of the date of purchase. The application shall contain
21 the names and addresses of any lienholders in order of priority,
22 [the amounts and] the dates of the security agreements, and be
23 assigned by the dealer to the owner and signed by the owner. Any
24 dealer violating this subsection is guilty of a summary offense
25 and shall, upon conviction, be sentenced to pay a fine of $50
26 for each violation. The requirement that the dealer mail or
27 deliver the application to the department does not apply to
28 vehicles purchased by fleet owners or governmental or quasi-
29 governmental agencies.
30 (e) Out-of-state vehicles.--If the application refers to a
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1 vehicle purchased or last previously titled or registered in
2 another state or country, the following information shall be
3 contained in or accompany the application or be forwarded in
4 support of the application as required by the department:
5 (1) Any certificate of title issued by the other state
6 or country.
7 (2) A tracing or photograph of the vehicle
8 identification number taken from the official number plate
9 or, where it is impossible to secure a legible tracing, or <--
10 photograph, the verification of a person authorized by the
11 department that the vehicle identification number of the
12 vehicle has been inspected and found to conform to the
13 description given in the application.
14 (3) Any other information and documents the department
15 reasonably requires to establish the ownership of the vehicle
16 and the existence or nonexistence of security interests in
17 the vehicle.
18 * * *
19 § 1111. Transfer of ownership of vehicle.
20 (a) Duty of transferor.--In the event of the sale or
21 transfer of the ownership of a vehicle within this Commonwealth,
22 the owner shall execute an assignment and warranty of title to
23 the transferee in the space provided on the certificate or as
24 the department prescribes, sworn to before a notary public or
25 other officer empowered to administer oaths, and deliver the
26 certificate to the transferee [at the time of the delivery of
27 the vehicle] immediately.
28 * * *
29 § 1113. Transfer to or from manufacturer or dealer.
30 (a) Transfer to manufacturer or dealer.--When the purchaser
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1 or transferee of a vehicle is a manufacturer or registered
2 dealer who holds the vehicle for resale, a certificate of title
3 need not be applied for as provided for in section 1111
4 (relating to transfer of ownership of vehicle) but the
5 transferee shall, within [seven] five days from the date of
6 assignment of the certificate of title to the manufacturer or
7 dealer, forward to the department, upon a form prescribed and
8 furnished by the department, notification of the acquisition of
9 the vehicle. Notification as authorized in this section may not
10 be used in excess of three consecutive transactions after which
11 time an application shall be made for a certificate of title.
12 * * *
13 (c) Transfer from manufacturer or dealer.--[The manufacturer
14 or dealer, upon transferring his interest in the vehicle, shall,
15 except] Except as otherwise provided in this section, when the
16 transferee is another manufacturer or dealer:
17 (1) The manufacturer or dealer upon transferring their
18 interest in the vehicle shall execute an assignment and
19 warranty of title to the transferee in the space provided on
20 the certificate or as the department prescribes.
21 (2) The transferee shall complete the application for
22 certificate of title in the name of the transferee.
23 [The] (3) The manufacturer or dealer shall forward the
24 certificate of title and any other required forms shall be
25 forwarded by the dealer or manufacturer to the department
26 within five days of the transfer.
27 * * *
28 § 1114. Transfer of vehicle by operation of law.
29 * * *
30 (b) Transfer to surviving spouse.--Transfer of a certificate
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1 of title to a surviving spouse, or any person designated by the
2 spouse, may be made without the necessity of filing for letters
3 of administration notwithstanding the fact that there are
4 [minor] children or other heirs surviving the decedent provided
5 the surviving spouse files an affidavit that all the debts of
6 the decedent have been paid. The provisions of this subsection
7 shall not supersede the bequest of a vehicle to another person.
8 * * *
9 § 1117. Vehicle destroyed or junked.
10 (a) Application for certificate of junk.--[Any owner who
11 transfers a vehicle as scrap, or to be destroyed or junked,
12 shall assign the certificate of title to the person to whom the
13 vehicle is transferred. The transferee shall return the assigned
14 certificate of title to the department immediately with an
15 application for a certificate of junk upon a form furnished and
16 prescribed by the department. An insurer, as defined in the act
17 of July 19, 1974 (P.L.489, No.176), known as the "Pennsylvania
18 No-fault Motor Vehicle Insurance Act," to which title to a
19 vehicle is assigned upon payment to the insured of the
20 replacement value of the vehicle, shall be regarded as a
21 transferee under this subsection.]
22 (1) Any owner who scraps, dismantles or destroys a
23 vehicle and any person who purchases a vehicle to be
24 scrapped, dismantled or destroyed shall within five days
25 return:
26 (i) the certificate of title to the department; and
27 (ii) an application for certificate of junk on a
28 form furnished by the department.
29 (2) An owner who receives the replacement value of a
30 vehicle from an insurer as defined in the act of July 19,
19770H1171B1805 - 11 -
1 1974 (P.L.489, No.176), known as the "Pennsylvania No-fault
2 Motor Vehicle Insurance Act," or the insurer or other
3 transferee, if title to the vehicle is transferred, shall be
4 required to comply with this section.
5 * * *
6 (d) Reconstructed vehicle.--If a vehicle, other than an
7 antique or [classic] historic vehicle, for which a certificate
8 of junk has been issued is thereafter restored to operating
9 condition, it shall be regarded as a reconstructed vehicle.
10 (e) Transfer to scrap metal processor.--When a scrap metal
11 processor obtains a destroyed or junked vehicle from a licensed
12 [salvor] vehicle salvage dealer it shall be the duty of the
13 [salvor] vehicle salvage dealer to obtain a certificate of junk
14 therefor. When a scrap metal processor purchases a destroyed or
15 junked vehicle from a person other than a [salvor] vehicle
16 salvage dealer, it shall be the duty of the scrap metal
17 processor to obtain the certificate of junk.
18 (f) Penalty.--Any person violating the provisions of
19 [subsections] subsection (a) or (e) is guilty of a [summary <--
20 offense] misdemeanor of the second degree and shall, upon <--
21 conviction, be sentenced to pay a fine of $200 for each
22 violation.
23 § 1118. Suspension and cancellation of certificate of title.
24 * * *
25 (f) Nonpayment of fee.--The department may suspend a
26 certificate of title when a check received in payment of the fee
27 is not paid on demand or when the fee for the certificate is
28 unpaid and owing. The suspension shall remain in effect until
29 the required fee and penalty have been paid.
30 * * *
19770H1171B1805 - 12 -
1 § 1301. [Driving unregistered vehicle prohibited.]
2 Registration and certificate of title required.
3 (a) Driving unregistered vehicle prohibited.--It is a
4 summary offense for any person to drive or for an owner
5 knowingly to permit to be driven upon any highway any vehicle of
6 a type required to be registered under this chapter which is not
7 registered or for which the appropriate fee has not been paid
8 when and as required in this title.
9 (b) Certificate of title required.--No vehicle shall be
10 registered unless a certificate of title has been applied for or
11 issued, if one is required by Chapter 11 (relating to
12 certificate of title and security interests).
13 § 1302. Vehicles [subject to] exempt from registration.
14 [(a) General rule.--No vehicle shall be operated upon any
15 highway in this Commonwealth until the vehicle is properly
16 registered with the department as provided in this chapter.
17 (b) Exceptions.--Subsection (a) does not apply to the
18 following:]
19 (A) GENERAL RULE.--The following types of vehicles are <--
20 exempt from registration in accordance with section 1301
21 (relating to registration and certificate of title required):
22 (1) Any vehicle in conformance with the provisions of
23 this chapter relating to dealers, persons registered under
24 any of the miscellaneous motor vehicle business classes or
25 nonresidents.
26 (2) Any implement of husbandry or trailer determined by
27 the department to be used exclusively for agricultural
28 operations and only incidentally operated upon highways.
29 [(i) A certificate of exemption shall be required <--
30 for trailers.
19770H1171B1805 - 13 -
1 (ii)] Vehicles exempt from registration under this <--
2 paragraph shall be used exclusively upon a farm or farms
3 owned or operated by the owner of the vehicle or upon
4 highways between:
5 [(A)] (I) Parts of one such farm. <--
6 [(B)] (II) [Farms] Such farms located not more than <--
7 25 miles apart.
8 [(C)] (III) [A farm] Such farm or farms and a place <--
9 of business [located within a radius of [25] 50 miles <--
10 from [the farm] such farm or farms for the purpose of <--
11 buying or selling agricultural commodities or supplies or
12 for [the inspection] DELIVERY, repair or servicing of the <--
13 vehicle.
14 (3) Any self-propelled golf cart used for the
15 transportation of persons engaged in the game of golf while
16 crossing any public highway during any game of golf.
17 (4) Any oversized vehicle which can only be moved by
18 special permit as provided for in sections 4961(a)(1)
19 (relating to authority to issue permits), 4965 (relating to
20 single permits for multiple highway crossings), 4966
21 (relating to permit for movement of quarry OR MINING <--
22 equipment) and 4970 (relating to permit for movement of
23 utility construction equipment).
24 (5) Any vehicle registered and displaying plates issued
25 in a foreign country by the armed forces of the United States
26 for a period of 45 days from the date of [the return of the
27 owner to the United States] entry of the vehicle into this
28 Commonwealth.
29 (6) Any vehicle owned by a resident legally required to
30 be registered in another state based and used principally
19770H1171B1805 - 14 -
1 outside of this Commonwealth.
2 (7) Any vehicle moved solely by human or animal power.
3 (8) Any self-propelled invalid wheel chair.
4 (9) Any mobile home.
5 (10) Any riding lawnmower with an engine not exceeding
6 16 h.p.
7 (11) Any trailer determined by the department to be used
8 exclusively for construction operations and only incidentally
9 operated upon the highway.
10 (12) ANY FARM TRUCK USED EXCLUSIVELY UPON A FARM OR <--
11 FARMS OWNED OR OPERATED BY THE OWNER OF THE VEHICLE.
12 (I) SUCH A FARM TRUCK MAY BE DRIVEN UPON HIGHWAYS
13 ONLY FROM SUNRISE TO SUNSET AND BETWEEN:
14 (A) PARTS OF ONE SUCH FARM.
15 (B) SUCH FARMS LOCATED NOT MORE THAN TEN MILES
16 APART.
17 (C) SUCH FARM OR FARMS AND A PLACE OF BUSINESS
18 LOCATED WITHIN A RADIUS OF TEN MILES FROM THE FARM OR
19 FARMS FOR THE PURPOSE OF BUYING OR SELLING
20 AGRICULTURAL COMMODITIES OR SUPPLIES.
21 (D) SUCH FARM OR FARMS AND A PLACE OF BUSINESS
22 LOCATED WITHIN A RADIUS OF 25 MILES FROM SUCH FARM OR
23 FARMS FOR THE PURPOSE OF REPAIR OR SERVICING OF THE
24 FARM TRUCK.
25 (II) A BIANNUAL CERTIFICATE OF EXEMPTION SHALL BE
26 REQUIRED FOR SUCH A FARM TRUCK.
27 [(c) Certificate of title required.--No vehicle shall be
28 registered unless a certificate of title has been obtained, if
29 one is required by Chapter 11 (relating to certificate of title
30 and security interests).]
19770H1171B1805 - 15 -
1 (B) REGISTRATION BY CERTAIN RESIDENTS IN ANOTHER STATE.-- <--
2 (1) NO PERSON WHO IS A RESIDENT OF THIS COMMONWEALTH OR
3 WHO IS A RESIDENT OF MORE THAN ONE STATE, INCLUDING THIS
4 COMMONWEALTH, AND HAS DECLARED HIMSELF TO BE A COMMONWEALTH
5 RESIDENT, SHALL REGISTER A PASSENGER VEHICLE IN ANOTHER STATE
6 AND SUBSEQUENTLY OPERATE SUCH PASSENGER VEHICLE IN THIS
7 COMMONWEALTH ON A REGULAR BASIS.
8 (2) ANY PERSON VIOLATING THE PROVISIONS OF THIS
9 SUBSECTION SHALL BE GUILTY OF A SUMMARY OFFENSE AND SHALL PAY
10 A MANDATORY FINE OF $500.
11 § 1304. Registration criteria.
12 * * *
13 (d) Maximum registered gross weight.--No truck, truck
14 tractor or trailer shall be registered at a gross weight in
15 excess of the lowest of:
16 (1) the limiting weights established on the basis of
17 axle load, tire load, horsepower or gross weight by type of
18 vehicles;
19 (2) the gross vehicle weight rating assigned by the
20 manufacturer; or
21 (3) a combination weight greater than the gross
22 combination weight rating.
23 In the case of a vehicle in which no gross vehicle weight rating
24 or gross combination weight rating is assigned by the
25 manufacturer or where the vehicle has been altered subsequent to
26 manufacture to change its weight bearing capacity, an equivalent
27 rating [shall] may be determined by the department on the basis
28 of the vehicle's horsepower, braking ability, axle limitations
29 and such other factors related to safe operation as may be
30 established by regulations of the department. The limitations of
19770H1171B1805 - 16 -
1 this subsection do not apply to motor vehicles registered prior
2 to July 1, 1977 or if the manufacturers statement of origin
3 indicates that the vehicle is a 1977 model year.
4 * * *
5 § 1305. Application for registration.
6 (a) General rule.--Application for the registration of a
7 vehicle shall be made to the department upon the appropriate
8 form or forms furnished by the department. The application shall
9 contain the full name and address of the owner or owners; the
10 make, [model,] year and vehicle identification number of the
11 vehicle; and such other information as the department may
12 require including information pertaining to insurance.
13 Applicants for registration of a truck, truck tractor, trailer
14 or bus shall provide the vehicle's Gross Vehicle Weight Rating
15 (GVWR), or the Gross Combination Weight Rating (GCWR), as
16 applicable. If the manufacturer's ratings are not available, the
17 applicant shall provide sufficient information as to the
18 horsepower, braking capacity and such other data as necessary
19 for the department to determine an equivalent measure of the
20 vehicle's hauling and stopping capability. If the applicant
21 wishes to register a vehicle at a registered gross weight less
22 than the gross vehicle weight rating, the application shall
23 include information as to weight, load and any other such
24 information as the department may require. The application shall
25 be accompanied by [proof of insurance and] the applicable fee.
26 * * *
27 § 1306. Grounds for refusing registration.
28 The department shall refuse registration [and] or renewal or
29 transfer of registration when any of the following circumstances
30 exists:
19770H1171B1805 - 17 -
1 (1) The applicant is not entitled to registration under
2 the provisions of this chapter.
3 (2) The applicant has at registration or titling
4 neglected or refused to furnish the department with the
5 information required on the appropriate official form, or any
6 reasonable additional information required by the department.
7 (3) The department has reasonable grounds to believe
8 that the application contains false or fraudulent
9 information, or that the vehicle is stolen, which fact the
10 department shall ascertain by reference to the stolen vehicle
11 file required to be maintained under section 7114 (relating
12 to records of stolen vehicles), or that the granting of
13 registration would constitute a fraud against the rightful
14 owner or other person having a valid lien upon the vehicle.
15 (4) [The fees required by law] Any fees required by this
16 title have not been paid.
17 (5) The vehicle is not constructed or equipped as
18 required by this title.
19 (6) The registration of the vehicle stands suspended for
20 any reason as provided for in this title.
21 § 1307. Period of registration.
22 * * *
23 (e) Antique and [classic] historic vehicles.--Antique and
24 [classic] historic motor vehicle registrations shall expire upon
25 the junking, scrapping or transfer of ownership of the vehicle,
26 except that if the transfer is between spouses or between parent
27 and child the registration may be transferred upon payment of a
28 transfer fee.
29 § 1309. Renewal of registration.
30 Prior to the expiration of each registration, the department
19770H1171B1805 - 18 -
1 shall send to the registrant an application for renewal of
2 registration. The application shall contain the full name and
3 address of the owner or owners; the make and vehicle
4 identification number of the vehicle; and such other information
5 as the department may require, including information pertaining
6 to insurance. Upon return of the application, accompanied by
7 [proof of insurance and] the applicable fee, the department
8 shall send to the registrant a renewed registration card.
9 Failure to receive a renewal application shall not relieve a
10 registrant from the responsibility to renew the registration.
11 § 1311. Registration card to be signed and [exhibited on
12 demand] in possession of driver.
13 (a) Signing card.--Upon receiving the registration card or
14 any duplicate, the registrant shall sign his name in the space
15 provided.
16 (b) [Carrying and exhibiting card] Driver to possess card.--
17 Every registration card shall, at all times while the vehicle is
18 being operated upon a highway, be in the possession of the
19 person driving or in control of the vehicle or carried in the
20 vehicle. [and shall be exhibited upon demand of any police
21 officer.]
22 (c) Production to avoid [penalty] prosecution.--No person
23 shall be [convicted of] charged with violating this section or
24 section 1302 (relating to vehicles [subject to] exempt from
25 registration) if the person produces [at the office of the
26 issuing authority or] at the office of the [arresting]
27 investigating police officer within five days of the violation[,
28 a registration card valid in this Commonwealth at the time of
29 the arrest.]:
30 (1) a registration card valid in this Commonwealth at
19770H1171B1805 - 19 -
1 the time of the arrest; or
2 (2) if the registration card is lost, stolen, destroyed
3 or illegible, a notarized or photostatic copy of an
4 application for a duplicate.
5 § 1313. Duplicate registration cards.
6 * * *
7 [(c) Affidavit to avoid penalty.--No owner or operator of a
8 vehicle shall be subject to a fine for failure to have the
9 registration card if the owner or operator makes affidavit that
10 the card was lost or stolen within the period of 20 days
11 preceding and that application for new registration card was
12 made within 48 hours as required in this section.]
13 § 1331. ISSUANCE OF REGISTRATION PLATES. <--
14 * * *
15 (F) REGISTRATION PLATES FOR TRUCKS AND TRUCK TRACTORS.--THE
16 DEPARTMENT SHALL IMMEDIATELY ESTABLISH AND IMPLEMENT A SYSTEM TO
17 INSURE THAT ALL TRUCKS AND TRUCK TRACTORS OF CLASS 11 OR HIGHER
18 REGISTERED PURSUANT TO THIS TITLE AND SUBJECT TO THE FEES
19 ESTABLISHED FOR SUCH CLASSES BY SECTION 1916 (RELATING TO TRUCKS
20 AND TRUCK TRACTORS) RECEIVE, AT EACH ANNUAL REGISTRATION, A NEW
21 REGISTRATION PLATE WHICH IS CLEARLY DISTINGUISHABLE FROM THE
22 REGISTRATION PLATES ISSUED FOR THE PRIOR TWO YEARS.
23 § 1333. Lost, stolen, damaged or illegible registration plate.
24 * * *
25 (c) [Affidavit] Proof of application to avoid penalty.--No
26 owner or operator of a vehicle shall be subject to a fine for
27 the reason that the registration plate is missing if they have
28 in their possession [an affidavit that the plate was lost or
29 stolen and that] a notarized or photostatic copy of an
30 application for new plate or plates [was made within 48 hours]
19770H1171B1805 - 20 -
1 as required in this section.
2 § 1334. Return of registration plate.
3 (a) General rule.--Registration plates shall be returned to
4 the department under the following circumstances:
5 (1) A registration plate shall be returned if the
6 [registrant no longer has a vehicle titled in this
7 Commonwealth.] ownership of the vehicle is transferred unless
8 the registration plate is transferred with the vehicle or to
9 another vehicle as provided in section 1314 (relating to
10 transfer of registration).
11 (2) A legislative registration plate shall be returned
12 on the expiration or termination of the term of office of the
13 legislative member.
14 (3) A dealer or "Miscellaneous Motor Vehicle Business"
15 registration plate shall be returned if the business is
16 discontinued.
17 (4) A handicapped registration plate shall be returned
18 if the person to whom it was issued no longer qualifies under
19 section 1338 (relating to handicapped plate).
20 * * *
21 § 1336. Use of dealer registration plates.
22 * * *
23 (c) Motorcycle and motorized pedalcycle dealer plates.--
24 Motorcycle and motorized pedalcycle dealer plates used as
25 provided in subsection (a)(1) may only be used on motorcycles
26 and motorized pedalcycles, as the case may be.
27 § 1337. Use of "Miscellaneous Motor Vehicle Business"
28 registration plates.
29 (a) General rule.--The department shall issue to owners of
30 miscellaneous motor vehicle businesses special registration
19770H1171B1805 - 21 -
1 plates which may be displayed on vehicles operated on highways
2 in lieu of registering each vehicle individually in accordance
3 with the requirements of section 1302(a) (relating to vehicles
4 [subject to] exempt from registration). Registration plates
5 issued under this section may be used only when the vehicle is
6 used for any of the following purposes:
7 (1) In the conduct of the miscellaneous motor vehicle
8 business.
9 (2) For the personal pleasure or use of the owner of the
10 miscellaneous motor vehicle business or members of their
11 immediate family, or when the business is a corporation, for
12 the pleasure or use of not more than three officers or
13 members of their immediate families, or for the personal use
14 of the regular employees of the business when operated by the
15 employee.
16 (3) For loaning to customers whose vehicles are being
17 repaired.
18 * * *
19 (c) Classes of "Miscellaneous Motor Vehicle Business".--
20 (1) Repair, service and towing.--Any person engaged in
21 the repair, service or towing of motor vehicles.
22 (2) Vehicle salvage dealer.--Any person who maintains an
23 established place of business and who is engaged in the
24 business of buying, selling or exchanging used, wrecked or
25 abandoned vehicles and junkers for the purpose of remodeling,
26 taking apart, or rebuilding the same, or buying or selling of
27 parts.
28 (3) Transporter.--A person regularly engaged in the
29 business of transporting new or used vehicles [or new and
30 used trailers] on their own wheels, owned by or in possession
19770H1171B1805 - 22 -
1 of a registered dealer.
2 (4) [Financier] Financer or collector-repossessor.--A
3 person who is duly authorized to do business in this
4 Commonwealth as a [financier] financer or collector-
5 repossessor and who is regularly engaged in the business of
6 financing sales, making loans on the security of vehicles or
7 repossessing vehicles which are the subject of installment
8 sales contracts as an independent contractor.
9 § 1338. Handicapped plate.
10 On the application of any person who:
11 (1) does not have full use of a leg or both legs or an
12 arm or both arms;
13 (2) is blind; or
14 (3) is the spouse, parent or person in loco parentis of
15 a person specified in paragraph (1) or (2);
16 the department shall issue a special registration plate for [one
17 passenger car or other vehicle] passenger cars or other vehicles
18 with a registered gross weight of not more than 9,000 pounds,
19 designating the vehicle so licensed as being used by a
20 handicapped person. Special plates for handicapped persons may
21 also be issued for vehicles operated exclusively for the use and
22 benefit of handicapped persons.
23 § 1340. Antique and [classic] historic plates.
24 (a) General rule.--Upon submission by a vehicle owner of
25 information satisfactory to the department that a motor vehicle
26 is an antique motor vehicle or [classic] historic motor vehicle,
27 accompanied by the appropriate fee, the department may issue
28 special plates for the vehicle. No annual registration fee may
29 be charged for antique or [classic] historic motor vehicles.
30 (b) Use of plates.--It is unlawful for any person to operate
19770H1171B1805 - 23 -
1 a vehicle with antique or [classic] historic registration plates
2 for general daily transportation. Permitted use shall be limited
3 to participation in club activities, exhibits, tours, parades,
4 occasional transportation and similar uses.
5 § 1341. PERSONAL PLATE. <--
6 (A) GENERAL RULE.--UPON REQUEST BY THE APPLICANT, THE
7 DEPARTMENT [MAY] SHALL ISSUE REGISTRATION PLATES CONSISTING OF
8 ANY COMBINATION OF NUMBERS, LETTERS OR NUMBERS AND LETTERS.
9 THESE SPECIAL PLATES MAY BE ISSUED FOR SPECIAL GROUPS OR FOR
10 SPECIAL PURPOSES AND BEAR AN APPROPRIATE DESIGNATION. [THEY
11 SHALL HAVE THE SAME FORCE AND EFFECT AS REGULAR REGISTRATION
12 PLATES.] THE DEPARTMENT MAY REFUSE ANY COMBINATION OF LETTERS
13 AND NUMBERS FOR CAUSE AND SHALL ADOPT REASONABLE RULES AND
14 REGULATIONS FOR THE ISSUANCE OF THE PLATES AND FOR CARRYING OUT
15 THE PROVISIONS OF THIS SECTION. [THE APPLICANT SHALL COMPLY WITH
16 ALL LAWS AND REGULATIONS PERTAINING TO REGISTRATION INCLUDING
17 THE PAYMENT OF ANY ADDITIONAL FEES.]
18 (B) AMATEUR RADIO OPERATORS.--UPON REQUEST BY AN APPLICANT
19 WHO HOLDS A VALID FEDERAL COMMUNICATIONS COMMISSION AMATEUR
20 RADIO STATION LICENSE, THE DEPARTMENT SHALL ISSUE A REGISTRATION
21 PLATE WHICH SHALL CARRY THE CALL LETTERS OF THE AMATEUR RADIO
22 STATION.
23 (C) VETERANS.--ON THE APPLICATION OF A VETERAN WHOSE STATUS
24 IS CERTIFIED BY THE UNITED STATES VETERANS ADMINISTRATION, THE
25 DEPARTMENT SHALL ISSUE A SPECIAL REGISTRATION PLATE DESIGNATING
26 THE VEHICLE AS BELONGING TO A VETERAN. THE REGISTRATION PLATE
27 SHALL HAVE THE WORD "VETERAN", IN AT LEAST TEN-POINT BOLD TYPE,
28 INSCRIBED ON THE BOTTOM OF THE PLATE.
29 (D) STATUS OF PLATES.--THE PLATES SHALL HAVE THE SAME FORCE
30 AND EFFECT AS REGULAR REGISTRATION PLATES AND THE APPLICANT
19770H1171B1805 - 24 -
1 SHALL COMPLY WITH ALL LAWS AND REGULATIONS PERTAINING TO
2 REGISTRATION INCLUDING THE PAYMENT OF ANY ADDITIONAL FEES.
3 § 1342. Disabled veteran plate.
4 On the application of a [totally] disabled veteran, whose
5 disability is certified by the United States Veterans'
6 Administration as service-connected, the department shall issue
7 a special registration plate designating the vehicle as
8 belonging to a [totally] disabled veteran. The registration
9 plate shall have a white background, shall have blue numbers or
10 letters as the department may determine, and shall have the
11 words, "disabled veteran," in at least ten-point bold type,
12 inscribed in red at the bottom of the plate. The special
13 registration plate may be used only on one passenger vehicle or
14 one other vehicle with a registered gross weight of not more
15 than 9,000 pounds.
16 § 1344. Use of farm truck plates.
17 (a) General rule.--A truck bearing farm truck registration
18 plates shall be used exclusively upon a farm or farms owned or
19 operated by the registrant of the vehicle or upon highways
20 between:
21 (1) Parts of one such farm.
22 (2) [Farms] Such farms located not more than 25 miles <--
23 apart.] SUCH FARMS. <--
24 (3) [A] Such a farm or farms and a place of business
25 [located within a radius of 50 miles from [the] such farm or <--
26 farms] for the purpose of buying or selling agricultural <--
27 commodities or supplies or for the inspection, repair or
28 servicing of the vehicle.
29 (b) Penalty.--Any person violating this section is guilty of
30 a summary offense and shall, upon conviction, be sentenced to
19770H1171B1805 - 25 -
1 pay a fine of [$25] $50 and shall, upon conviction for a second
2 or subsequent offense, be sentenced to pay a fine of $200.
3 § 1373. Suspension of registration.
4 The department may suspend any registration [after providing
5 opportunity for a hearing] in any of the following cases when
6 the department finds upon sufficient evidence that:
7 (1) The vehicle is unsafe or unfit for operation or is
8 not equipped as required by this title.
9 (2) The owner or registrant has made, or permitted to be
10 made, any unlawful use of the vehicle or registration plate
11 or plates, or registration card, or permitted the use by a
12 person not entitled thereto.
13 (3) The owner or registrant has knowingly made a false
14 statement or knowingly concealed a material fact or otherwise
15 committed a fraud in any application or form required to be
16 filed by this title.
17 (4) Upon the request or order of any court of record.
18 (5) [The required fee has not been paid.] A check
19 received in payment of the fee is not paid on demand or when
20 the fee for the registration is unpaid and owing. This
21 suspension shall remain in effect until the required fee and
22 penalty have been paid.
23 (6) The registrant or any agent or employee has
24 repeatedly violated any of the provisions of this chapter or
25 Chapter 11 (relating to certificate of title and security
26 interests).
27 § 1374. Suspension of vehicle business registration plates.
28 (a) General rule.--The department may suspend registration
29 plates for dealers, manufacturers or members of the
30 "Miscellaneous Motor Vehicle Business" class after providing
19770H1171B1805 - 26 -
1 opportunity for a hearing in any of the following cases when the
2 department finds upon sufficient evidence that:
3 (1) The registrant is no longer entitled to licensing as
4 a dealer or manufacturer or to registration in the
5 "Miscellaneous Motor Vehicle Business" class.
6 (2) The registrant has made or permitted to be made any
7 unlawful use of the vehicle or registration plate or plates
8 or registration card or permitted the use by a person not
9 entitled thereto.
10 (3) The registrant has knowingly made a false statement
11 or knowingly concealed a material fact or otherwise committed
12 a fraud in any application.
13 (4) The registrant has failed to give notice of transfer
14 of ownership or of the destruction or junking of any vehicle
15 when and as required by this title.
16 (5) The registrant has failed to deliver to a transferee
17 lawfully entitled thereto or to the department, when and as
18 required by this title, a properly assigned certificate of
19 title.
20 (6) The registrant has repeatedly violated any of the
21 provisions of this title.
22 (7) [Any fee payable to the Commonwealth in connection
23 with the operation of the business of the registrant has not
24 been paid.] A check received payable to the Commonwealth in
25 connection with the operation of the business of the
26 registrant is not paid on demand or when any fee is unpaid
27 and owing. This suspension shall remain in effect until the
28 required fee and penalty have been paid.
29 * * *
30 § 1502. Persons exempt from licensing.
19770H1171B1805 - 27 -
1 The following persons are not required to obtain a driver's
2 license under this chapter:
3 * * *
4 (3) Any nonresident who is at least 16 years of age and
5 who has in possession a valid driver's license issued in the
6 person's home state or country except that a person who has
7 been issued a valid driver's license in a country other than
8 the United States or Canada shall be exempt only upon showing
9 a satisfactory understanding of official traffic-control
10 devices. A nonresident [may] shall only drive the class or
11 classes of vehicles in this Commonwealth for which the person
12 is licensed to drive in the person's home state or country
13 subject to all restrictions contained on the license.
14 * * *
15 § 1503. Persons ineligible for licensing.
16 (a) [General rule] Suspension of operating privilege.--The
17 department shall [not issue any driver's license to, or renew
18 the driver's license of,] suspend the operating privilege of any
19 person:
20 (1) Whose operating privilege is suspended or revoked in
21 this or any other state except as otherwise provided in this
22 title.
23 (2) Whose operating privilege is suspended or revoked in
24 any other state upon grounds which would authorize the
25 suspension or revocation of the operating privilege under
26 this title.
27 (3) Who is a user of alcohol or any controlled substance
28 to a degree rendering the user incapable of safely driving a
29 motor vehicle. This paragraph does not apply to any person
30 who is enrolled or otherwise participating in a methadone or
19770H1171B1805 - 28 -
1 other controlled substance treatment program approved by the
2 Governor's Council on Drug and Alcohol Abuse provided that
3 the person is certified to be competent to drive by a
4 physician designated by the Governor's Council on Drug and
5 Alcohol Abuse.
6 (4) Who has been adjudged to be afflicted with or
7 suffering from any mental disability or disease and who has
8 not at the time of application been restored to competency by
9 the methods provided by law.
10 (5) Whose name has been submitted under the provisions
11 of section 1518 (relating to reports on mental or physical
12 disabilities or disorders).
13 (6) Who is required by the department to take an
14 examination [until the person has successfully passed the
15 examination].
16 (7) Who is under 18 years of age except in accordance
17 with subsections (b) and (c).
18 (8) Who has repeatedly violated any of the provisions of
19 this chapter. The department shall provide an opportunity for
20 a hearing upon invoking this paragraph.
21 A suspension imposed under this subsection shall remain in
22 effect until the cause of the suspension has been rectified.
23 (b) Minors completing training course.--The department shall
24 issue a driver's license to a person 17 years of age who:
25 (1) has successfully completed a driver's training
26 course approved by the [department] Department of Education;
27 and
28 (2) has not been [involved in an accident for which they
29 are partially or fully responsible in the opinion of the
30 department or is] convicted of any violation of this title.
19770H1171B1805 - 29 -
1 (c) Junior driver's license.--The department may issue a
2 junior driver's license to a person 16 or 17 years of age under
3 rules and regulations adopted by the department and subject to
4 the provisions of this section. A junior driver's license shall
5 automatically become a regular driver's license when the
6 licensee attains 18 years of age.
7 (1) Except as provided in paragraph (2), no licensed
8 junior driver shall drive a vehicle upon a [public] highway
9 between 12 midnight and 5 a.m. unless accompanied by a spouse
10 18 years of age or older, a parent or a person in loco
11 parentis.
12 (2) [A licensed junior driver conforming to the
13 requirements of section 1507 (relating to application for
14 driver's license or learner's permit by minor) may drive a
15 vehicle upon a public highway between 12 midnight and 5 a.m.
16 between their home and their activity or employment or in the
17 course of their activity or employment if they are a member
18 of a volunteer fire company authorized by the fire chief to
19 engage in fighting fires, engaged in public or charitable
20 service or employed and they are carrying] The restrictions
21 contained in paragraph (1) do not apply to any licensed
22 junior driver while engaged in or commuting to or from their
23 place of employment or public or charitable service, or to
24 any licensed junior driver who is a full member of a
25 volunteer fire company while actually engaged in or commuting
26 to or from a fire. Such junior driver must carry and exhibit
27 upon demand to any police officer or authorized person an
28 affidavit signed by their fire chief, supervisor or employer
29 indicating the probable schedule of their activities. Upon
30 termination of the junior driver's activity or employment,
19770H1171B1805 - 30 -
1 the junior licensee shall surrender the affidavit to the fire
2 chief, supervisor or employer. If the junior licensee shall
3 fail to surrender the affidavit, the employer, fire chief or
4 supervisor shall immediately notify the [Pennsylvania State
5 Police] police.
6 (3) In addition to the other provisions of this title
7 relating to the suspension or revocation of operating
8 privileges, in the event that a licensed junior driver is
9 [involved in an accident for which they are partially or <--
10 fully responsible in the opinion of the department or is] <--
11 convicted of any violation of this title, the department may
12 suspend the operating privileges of such person until the
13 person attains 18 years of age or for a period of time not
14 exceeding 90 days.
15 (4) Any junior licensee or other person violating any
16 provision of this subsection is guilty of a summary offense.
17 § 1504. Classes of licenses.
18 * * *
19 (d) Number and description of classes.--Licenses issued by
20 the department shall be classified in the following manner:
21 (1) Class 1.--A Class 1 license shall be issued to those
22 persons who have demonstrated their qualifications to operate
23 a single vehicle not in excess of 30,000 pounds registered
24 gross weight or any such vehicle towing a trailer not in
25 excess of [10,000] 30,000 pounds gross weight. The holder of <--
26 a Class 1 license shall be authorized to operate a motorized
27 pedalcycle. Any fireman who is the holder of a Class 1
28 license and who has a certificate of authorization from his
29 fire chief, shall be authorized to operate any vehicle
30 registered to the fire department regardless of the other
19770H1171B1805 - 31 -
1 requirements of this section as to the class of license
2 required. The holder of a Class 1 license shall not be deemed
3 qualified to operate buses, school buses or motorcycles
4 unless the license is endorsed as provided in this section.
5 (2) Class 2.--A Class 2 license shall be issued to THOSE <--
6 MINORS WHO HAVE BEEN ISSUED A DRIVER'S LICENSE PURSUANT TO
7 SECTION 1503(B) (RELATING TO MINORS COMPLETING TRAINING
8 COURSE) AND TO those persons [over] 18 years of age or older
9 who have demonstrated their qualifications to operate a
10 single vehicle of over 30,000 pounds registered gross weight
11 or any bus or any such vehicle towing a trailer not in excess
12 of 10,000 pounds gross weight. The holder of a Class 2
13 license shall be deemed qualified to operate those vehicles
14 for which a Class 1 license is issued, but not school buses
15 or motorcycles unless the license is endorsed as provided in
16 this section.
17 (3) Class 3.--A Class 3 license shall be issued to those
18 persons [over] 18 years of age or older who have demonstrated
19 their qualifications to operate a vehicle while in
20 combination with or towing a trailer in excess of 10,000
21 pounds gross weight. The holder of a Class 3 license shall be
22 deemed qualified to operate those vehicles for which a Class
23 1 or Class 2 license is issued, but not school buses or
24 motorcycles unless the license is endorsed as provided in
25 this section.
26 (4) Class 4.--Persons who have qualified to operate
27 school buses in accordance with this title and the rules and
28 regulations promulgated and adopted by the department shall
29 have the qualification endorsed on the license as provided in
30 this section.
19770H1171B1805 - 32 -
1 (5) Class 5.--Those persons who have demonstrated their
2 qualifications to operate a motorcycle, shall have that
3 qualification endorsed on one of the basic classes of license
4 described in this section. [If a] A person [is] qualified
5 only to operate a motorcycle [he] shall be issued a license
6 with only that qualification endorsed on the license.
7 [(6) Class 6.--Those persons who have demonstrated their
8 qualifications to operate a motor-driven cycle or motorized
9 pedalcycle shall have that qualification endorsed on one of
10 the basic classes of license described in this section. If a
11 person is qualified only to operate a motor-driven cycle or
12 motorized pedalcycle he shall be issued a license with only
13 that qualification endorsed on the license.]
14 (e) Removal of class from license.--
15 (1) The department, having cause to believe that a
16 person is no longer qualified for one or more of the types or
17 classes of licenses enumerated in subsection (a)(2) through
18 (5), may remove the endorsement after 30 days written notice
19 of the removal to the licensee. Any person aggrieved by
20 removal of an endorsement may appeal to the court of common
21 pleas in the manner provided in section 1551 (relating to
22 judicial review).
23 (2) A person with a license endorsed for a class may,
24 upon request, have the endorsement removed by the department
25 without prejudice.
26 § 1505. Learners' permits.
27 * * *
28 (b) Learner must be accompanied.--A learner's permit
29 entitles the person to whom it was issued to drive vehicles and
30 combinations of vehicles of the class or classes specified, but
19770H1171B1805 - 33 -
1 only while the holder of the learner's permit is accompanied by
2 and under the immediate supervision of a person who:
3 (1) is licensed in this Commonwealth to drive vehicles
4 of the class then being driven by the holder of the learner's
5 permit; and
6 (2) is actually occupying a seat beside the holder of
7 the learner's permit, unless the vehicle is a motorcycle, bus
8 or school bus.
9 (c) Operation of motorcycle.--A motorcycle learner's permit
10 entitles the person to whom it is issued to operate a motorcycle
11 only between sunrise and sunset [and, except for a driver
12 licensed to drive another class of vehicle, only while under the
13 instruction and immediate supervision of a licensed motorcycle
14 operator]. Motorcycle learners shall not carry any passenger
15 other than [an instructor properly] a person licensed to operate
16 a motorcycle.
17 * * *
18 (e) Learners under 18 years of age.--A learner under the age
19 of 18 years shall not drive a vehicle upon a highway between 12
20 midnight and 5 a.m.
21 § 1507. Application for driver's license or learner's permit <--
22 by minor.
23 * * *
24 (d) Withdrawal of consent.--Any person who has signed the
25 application of a person under the age of 18 years for a driver's
26 license or learner's permit may thereafter file with the
27 department a verified written request that the driver's license
28 or learner's permit of the person be [cancelled] suspended and
29 the department shall [cancel] suspend the driver's license or
30 learner's permit.
19770H1171B1805 - 34 -
1 § 1508. EXAMINATION OF APPLICANT FOR DRIVER'S LICENSE. <--
2 (C) EXCEPTION.--THE REQUIREMENTS OF SUBSECTION (B) SHALL NOT
3 APPLY TO THE ISSUANCE OF A DRIVER'S LICENSE TO A LICENSED
4 NONRESIDENT UPON APPLICATION IF THE DEPARTMENT, AFTER
5 INVESTIGATION, FINDS THAT THE LICENSING REQUIREMENTS IN THE
6 STATE OF THE NONRESIDENT ARE EQUAL TO OR HIGHER THAN THE
7 STANDARDS OF THE DEPARTMENT AND THAT SUCH STATE EXTENDS
8 RECIPROCAL COURTESY TO LICENSED DRIVERS OF THIS COMMONWEALTH.
9 § 1509. Qualifications for Class 4 license.
10 (a) School bus driver requirements.--No person shall be
11 issued a Class 4 license unless the person:
12 (1) has [successfully completed] enrolled in a course of
13 instruction as provided in subsection (c);
14 (2) has satisfactorily passed an annual physical
15 examination [to be] given by [the] a physician [for the
16 school district by which the person is employed]; and
17 (3) is 18 years of age or older.
18 * * *
19 § 1511. [Carrying and exhibiting] Driver to possess
20 driver's license. [on demand.] <--
21 (a) General rule.--]Every licensee shall possess [a] their <--
22 driver's license [issued to the licensee at all times] when
23 driving a motor vehicle. [and shall exhibit the license upon
24 demand by a police officer, and when requested by the police
25 officer the licensee shall write the licensee's name in the
26 presence of the officer in order to provide identity.]
27 (b) Production to avoid [penalty] prosecution.--No person
28 shall be [convicted of] charged with violating this section or
29 section 1501(a) (relating to drivers required to be licensed) if
30 the person produces at the office of the [issuing authority or
19770H1171B1805 - 35 -
1 the arresting] investigating officer within five days [a
2 driver's license valid in this Commonwealth at the time of the
3 arrest.] of the violation:
4 (1) a driver's license valid in this Commonwealth at the
5 time of the arrest; or
6 (2) if the driver's license is lost, stolen, destroyed
7 or illegible, a notarized or photostatic copy of an
8 application for a duplicate.
9 § 1513. Duplicate and substitute drivers' licenses and
10 learners' permits.
11 (a) General rule.--If a learner's permit or driver's license
12 issued under the provisions of this chapter is [mutilated,]
13 lost, stolen, destroyed or becomes illegible, the person to whom
14 it was issued, upon furnishing proof satisfactory to the
15 department that the license or permit has been [mutilated,]
16 lost, stolen, destroyed, or has become illegible, shall obtain a
17 duplicate or substitute license or permit upon payment of the
18 required fee.
19 * * *
20 § 1514. Expiration and renewal of drivers' licenses.
21 (a) General rule.--Every driver's license shall expire in
22 the month of the licensee's birthdate at intervals of not more
23 than four years as may be determined by the department. Every
24 license shall be renewable on or before its expiration upon
25 application, payment of the required fee, and satisfactory
26 completion of any examination required or authorized by this
27 chapter.
28 (b) Examination of applicants for renewal.--The department
29 may require persons applying for renewal of a driver's license
30 to take and successfully pass [a physical examination or a
19770H1171B1805 - 36 -
1 vision examination by an optometrist or ophthalmologist, or both
2 examinations,] one or more of the examinations authorized under
3 this subchapter if the department has reason to believe, either
4 based on knowledge of the person or on statistical inference,
5 that the person may be a traffic safety hazard. [The department
6 may require the applicant to take and successfully pass such
7 additional tests as the department may find reasonably necessary
8 to determine the applicant's qualification according to the type
9 or general class of license applied for and such examination may
10 include any or all of the other tests required or authorized
11 upon original application by section 1508 (relating to
12 examination of applicant for driver's license)]
13 (1) A vision examination may be administered by an
14 optometrist or by an ophthalmologist, or may be administered
15 at an official examination station.
16 (2) Upon refusal or neglect of the person to submit to
17 [the] any examination, the [driver's license shall not be
18 renewed] operating privilege shall be suspended until such
19 time as the examination is successfully completed.
20 (3) For the purposes of this section, renewal shall
21 include application for a driver's license after a lapse of
22 not more than four years.
23 (c) Reexamination requested by court.--The department shall
24 reexamine any person when requested to do so by a court. Upon
25 the conclusion of such examination, the department may take any
26 of the actions described in subsection (b) and shall report its
27 findings and action to the court if such report is requested.
28 (d) Military personnel and dependents.--Notwithstanding
29 subsection (a), a driver's license held by any person who enters
30 or is on active service in the armed forces of the United States
19770H1171B1805 - 37 -
1 or the spouse or dependent child of the member of the armed
2 forces who resides with such person shall continue in full force
3 and effect so long as the active service continues and the
4 person is absent from this Commonwealth, and for a further
5 period of 45 days following the date of the person's discharge
6 or separation from active service or return to this
7 Commonwealth, unless the driver's license is sooner suspended,
8 cancelled or revoked for cause according to law. A driver's
9 license which otherwise would have expired under subsection (a)
10 shall be valid only if the licensee has in immediate possession,
11 together with the driver's license, papers indicating actual
12 service outside this Commonwealth, or discharge or separation,
13 as the case may be, or proof thereof if a spouse or child.
14 (e) Learner's permit upon examination failure.--Any driver
15 or applicant who fails any driving examination required or
16 authorized under subsection (b) or (c) may be issued a special <--
17 NEW learner's permit. authorizing such person to drive only a <--
18 motor vehicle equipped with dual operating controls or devices
19 while being accompanied by an instructor of an approved driver
20 training program. Upon successful completion of an approved
21 driver training program, the driver or applicant shall be
22 afforded a special examination by such agencies as the
23 department may direct, and upon successful completion of such
24 examination the operating privilege shall be restored.
25 § 1515. Notice of change of name or address.
26 Whenever any person after applying for or receiving a
27 driver's license moves from the address named in the application
28 or in the driver's license issued or when the name of a licensee
29 is changed such person shall, within 15 days thereafter, notify
30 the department in writing of the [old and new addresses] new
19770H1171B1805 - 38 -
1 address or of such former and new names and of the number of any
2 license then held by the person.
3 § 1519. Determination of incompetency.
4 (a) General rule.--The department, having cause to believe
5 that a licensed driver or applicant may not be physically or
6 mentally qualified to be licensed, may [obtain the advice of a
7 physician who shall cause an examination to be made or who shall
8 designate any other qualified physician. The licensed driver or
9 applicant may cause a written report to be forwarded to the
10 department by a physician of the driver's or applicant's
11 choice.] require an examination to be given by a qualified
12 physician of the driver's or applicant's choice and such
13 additional tests as the department may find necessary. Vision
14 qualifications shall be determined by an optometrist or
15 ophthalmologist. [The department shall appoint one or more
16 qualified persons who shall consider all medical reports and
17 testimony and determine the competency of the driver or the
18 applicant to drive.]
19 (b) Review of medical reports.--The department shall appoint
20 one or more qualified persons who shall consider all medical
21 reports and testimony.
22 (c) Supplemental driver's test.--The department may also
23 require a supplemental driver's test in order to determine the
24 driving competency of the applicant or driver.
25 (d) Suspension upon refusal.--The department shall suspend
26 the operating privilege of any driver or applicant who refuses
27 to comply with the requirements of this section until such time
28 as the driver or applicant does comply.
29 [(b)] (e) Confidentiality of reports and evidence.--Reports
30 received by the department for the purpose of assisting the
19770H1171B1805 - 39 -
1 department in determining whether a person is qualified to be
2 licensed are for the confidential use of the department and may
3 not be divulged to any person or used as evidence in any trial
4 except that the reports may be admitted in proceedings under
5 subsection [(c)] (f) and any physician or optometrist conducting
6 an examination pursuant to subsection (a) may be compelled to
7 testify concerning observations and findings in such
8 proceedings. The party calling the physician or optometrist as
9 an expert witness shall be obliged to pay the reasonable fee for
10 such testimony.
11 [(c) Recall] (f) Suspension of operating privilege.--The
12 department shall [recall] suspend the operating privilege of any
13 person whose incompetency has been established under the
14 provisions of this chapter. The [recall] suspension shall be for
15 an indefinite period until satisfactory evidence is presented to
16 the department in accordance with regulations to establish that
17 such person is competent to drive a motor vehicle. [Any person
18 aggrieved by recall of the operating privilege may appeal to the
19 court of common pleas in the manner provided in section 1551
20 (relating to judicial review).]
21 § 1532. [Revocation or suspension] Suspension or
22 revocation of operating privilege.
23 (a) [Revocation] One-year suspension.--The department shall
24 [revoke] suspend the operating privilege of any driver of a
25 motor vehicle for one year upon receiving a certified record of
26 the driver's conviction of any of the following [offenses]:
27 (1) Any felony in the commission of which [a court] the
28 judge determines that a motor vehicle was essentially
29 involved.
30 (2) Any subsequent [violation of] conviction under
19770H1171B1805 - 40 -
1 section 3731 (relating to driving under influence of alcohol
2 or controlled substance) within three years of a prior
3 violation.
4 (3) Any [violation of] conviction under the following
5 provisions:
6 Section 3732 (relating to homicide by vehicle).
7 Section 3742 (relating to accidents involving death
8 or personal injury).
9 Section 7102(b) (relating to removal or falsification
10 of identification number).
11 Section 7103(b) (relating to dealing in vehicles with
12 removed or falsified numbers).
13 Section 7111 (relating to dealing in titles and
14 plates for stolen vehicles).
15 Section 7121 (relating to false application for
16 certificate of title or registration).
17 Section 7122 (relating to altered, forged or
18 counterfeit documents and plates).
19 (b) [Suspension] Six-month suspension.--
20 (1) 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
23 any [offense under] of the following [provisions]:
24 Section 3367 (relating to racing on highways).
25 Section 3731 (relating to driving under influence of
26 alcohol or controlled substance).
27 Section 3733 (relating to fleeing or attempting to
28 elude police officer).
29 Section 3734 (relating to driving without lights to
30 avoid identification or arrest).
19770H1171B1805 - 41 -
1 Section 3743 (relating to accidents involving damage
2 to attended vehicle or property).
3 Any misdemeanor in the commission of which the judge
4 determines that a motor vehicle was essentially involved
5 except that no person shall be suspended for violating a
6 regulation of the Hazardous Substances Transportation
7 Board unless the board recommends the suspension.
8 (2) The department shall suspend the operating privilege
9 of any driver of a motor vehicle for six months upon
10 receiving a certified record of the driver's conviction of a
11 subsequent offense under [the following provisions:
12 Section 1501(a) (relating to drivers required to be
13 licensed).
14 Section 1543 (relating to driving while operating
15 privilege is suspended or revoked)] section 1501(a)
16 (relating to drivers required to be licensed).
17 [(3) This subsection does not effect an additional
18 period of revocation of the operating privileges of a driver
19 who receives an additional period of revocation for a second
20 or subsequent violation of section 1543.]
21 (c) Court ordered suspensions and revocations.--The
22 department shall suspend or revoke the operating privilege of
23 any driver upon order of any court or commission duly authorized
24 under the laws of this Commonwealth and empowered by such laws
25 to make such orders.
26 § 1533. Suspension of operating privilege for failure to
27 respond to [citation] process.
28 (a) General rule.--The department shall suspend the
29 operating privilege of any person who has failed to respond to a
30 citation or summons to appear before a court of competent
19770H1171B1805 - 42 -
1 jurisdiction of this Commonwealth [or of any state] for any
2 violation of this title, other than parking, or who has failed
3 to pay any fine or costs imposed by such court, upon being duly
4 notified in accordance with the Pennsylvania Rules of [Civil
5 and] Criminal Procedure.
6 (b) Notification.--[There shall be] Before any person is
7 suspended under this section they shall have 15 days to respond
8 to [such] the notification [before suspension is imposed].
9 (c) Period of suspension.--The suspension shall [be for an
10 indefinite period] continue until such person shall respond to
11 any citation, summons or writ and pay any fines and penalties
12 imposed. Such suspension shall be in addition to the requirement
13 of withholding renewal or reinstatement of a violator's driver's
14 license as prescribed in section [1503(c)] 1503(a) (relating to
15 persons ineligible for licensing).
16 [§ 1534. [Notice of acceptance of Accelerative] ACCEPTANCE <--
17 OF ACCELERATED Rehabilitative Disposition.
18 [If a person] A DRIVER OF A MOTOR VEHICLE IN THIS <--
19 COMMONWEALTH IS DEEMED TO HAVE AGREED THAT IF HE is arrested for
20 any offense enumerated in section 1532 (relating to revocation
21 or suspension of operating privilege) [and is offered and], HE <--
22 accepts [Accelerative] ACCELERATED Rehabilitative Disposition <--
23 under the Pennsylvania Rules of Criminal Procedure[, the]. THE <--
24 court shall promptly notify the department OF THE ARREST AND <--
25 DISPOSITION OF THE CASE.] <--
26 § 1535. Schedule of convictions and points.
27 (a) General rule.--A point system for driver education and
28 control is hereby established which is related to other
29 provisions for use, suspension and revocation of the operating
30 privilege as specified under this title. Every driver licensed
19770H1171B1805 - 43 -
1 in this Commonwealth who is convicted of any of the following
2 offenses shall be assessed points as of the date of violation in
3 accordance with the following schedule:
4 Section Number Offense Points
5 1512 Violation of restriction on
6 driver's license. 2
7 1571 Violations concerning licenses. 3
8 3102 Failure to obey policeman or
9 authorized person. 2
10 3111(a) Disobedience to traffic-control
11 devices. 3
12 3112(a)(3)(i) Failure to stop for a red light. 3
13 3114(a)(1) Failure to stop for a flashing
14 red light. 3
15 3302 Failure to yield half of roadway
16 to oncoming vehicle. 3
17 3303 Improper passing. 3
18 3304 Other improper passing. 3
19 3305 Other improper passing. 3
20 3306(a)(1) Other improper passing. 4
21 3306(a)(2) Other improper passing. 3
22 3306(a)(3) Other improper passing. 3
23 3307 Other improper passing. 3
24 3310 Following too closely. 3
25 3321 Failure to yield to driver on the
26 right at intersection. 3
27 3322 Failure to yield to oncoming
28 driver when making left turn. 3
29 3323(b) Failure to stop for stop signs. 3
30 3324 Failure to yield when entering or
19770H1171B1805 - 44 -
1 crossing roadway between inter-
2 sections. 3
3 3332 Improper turning around. 3
4 3341 Failure to stop for flashing red
5 lights or gate at railroad
6 crossing. 3
7 3344 Failure to stop when entering from
8 alley, driveway or building. 3
9 3345(a) Failure to stop for school bus
10 with flashing red lights. 5
11 (and 30 days suspension)
12 3361 Driving too fast for conditions. 2
13 3362 Exceeding maximum speed.--Over Limit:
14 6-10 2
15 11-15 3
16 16-25 4
17 26-30 5
18 31-over 5
19 (and departmental hearing
20 and sanctions provided
21 under section 1538(d))
22 3365(b) Exceeding special speed limit
23 in school zones. 3
24 3365(c) Exceeding special speed limit
25 for trucks on downgrades. 3
26 3542(a) Failure to yield to pedestrians in
27 crosswalk. 2
28 3547 Failure to yield to pedestrian on
29 sidewalk. 3
30 3549(a) Failure to yield to blind
19770H1171B1805 - 45 -
1 pedestrian. 3
2 3702 Improper backing. 3
3 3714 Reckless driving. 3
4 3745 Leaving scene of accident
5 involving property damage only. 4
6 § 1538. School, examination or hearing on accumulation of
7 points or excessive speeding.
8 * * *
9 (b) Second accumulation of six points.--
10 (1) When any person's record has been reduced below six
11 points and for the second time shows as many as six points,
12 the department shall require the person to attend a
13 departmental hearing. The hearing examiner may recommend one
14 or more of the following:
15 (i) That the person be required to attend a driver
16 improvement school.
17 (ii) That the person undergo [an] a special
18 examination [as provided for in section 1508 (relating to
19 examination of applicant for driver's license)].
20 (iii) That the person's driver's license be
21 suspended for a period not exceeding 15 days.
22 (2) The department may effect or modify the
23 recommendations of the hearing examiner but may not impose
24 any sanction not recommended by the hearing examiner.
25 (3) Upon completion of the sanction or sanctions imposed
26 by the department, two points shall be removed from the
27 person's record.
28 (4) Failure to attend the hearing or to attend and
29 satisfactorily complete the requirements of a driver
30 improvement school shall result in the suspension of such
19770H1171B1805 - 46 -
1 person's operating privilege for 60 days. Failure to pass an
2 examination shall result in the suspension of such person's
3 operating privilege until the examination has been
4 satisfactorily completed.
5 * * *
6 (d) Conviction for excessive speeding.--
7 (1) When any person is convicted of driving 31 miles per
8 hour or more in excess of the speed limit, the department
9 shall require the person to attend a departmental hearing.
10 The hearing examiner may recommend one or more of the
11 following:
12 (i) That the person be required to attend a driver
13 improvement school.
14 (ii) That the person undergo [an] a special
15 examination as provided for in section 1508 (relating to
16 examination of applicant for driver's license).
17 (iii) That the person have his driver's license
18 suspended for a period not exceeding 15 days.
19 (2) The department shall effect at least one of the
20 sanctions but may not increase any suspension beyond 15 days.
21 (3) Failure to attend the hearing or to attend and
22 satisfactorily complete the requirements of a driver
23 improvement school shall result in the suspension of such
24 person's operating privilege for 60 days. Failure to pass an
25 examination shall result in the suspension of such person's
26 operating privilege until the examination has been
27 satisfactorily completed.
28 (e) Payment of fees.--Any person required to attend a driver
29 improvement school or departmental hearing or to undergo a
30 special examination shall pay the applicable fee.
19770H1171B1805 - 47 -
1 § 1539. Suspension of operating privilege on accumulation of
2 points.
3 * * *
4 (c) Determination of subsequent suspensions.--Every
5 suspension under this section and [revocation] under [any
6 provision of this subchapter] section 1532 (relating to
7 suspension or revocation of operating privilege) shall be
8 counted in determining whether a suspension is a second, third
9 or subsequent suspension. [Acceptance of Accelerative] IN <--
10 ACCORDANCE WITH SECTION 1534 (RELATING TO ACCEPTANCE OF
11 ACCELERATED REHABILITATIVE DISPOSITION), ACCEPTANCE OF
12 ACCELERATED Rehabilitative Disposition for an offense enumerated
13 in section 1532 (relating to revocation or suspension of
14 operating privilege) shall be considered a suspension in making
15 such determination.] <--
16 * * *
17 § 1540. Surrender of license.
18 (a) Conviction of offense.--Upon a conviction by a court of
19 record for any offense which calls for mandatory [revocation]
20 suspension in accordance with section 1532 (relating to
21 [revocation or] suspension or revocation of operating
22 privilege), the court or the district attorney shall require the
23 surrender of any driver's license then held by the defendant and
24 shall forward the driver's license together with a record of the
25 conviction to the department.
26 (b) Suspension of operating privilege.--Upon the suspension
27 of the operating privilege of any person by the department, the
28 department shall forthwith notify the person in writing to
29 surrender his driver's license to the department for the term of
30 suspension.
19770H1171B1805 - 48 -
1 § 1541. Period of revocation or suspension of operating
2 privilege.
3 (a) Commencement of period.--The period of revocation or
4 suspension of the operating privilege shall commence on the date
5 on which the driver's license [was] is surrendered to and
6 received by the court or on a date determined by the department,
7 as the case may be, except that if the driver's license is
8 surrendered to the department prior to the date determined by
9 the department the revocation or suspension shall commence on
10 the date surrendered. The period of revocation or suspension of
11 a nonresident licensed driver or an unlicensed driver shall
12 commence [on the date of conviction, or in the case of a
13 revocation or suspension without a conviction, in accordance
14 with its regulations] on a date determined by the department.
15 The department may, upon request of the person whose license is
16 suspended, delay the commencement of the period of suspension
17 for a period not exceeding six months whenever the department
18 determines that failure to grant the extension will result in
19 hardship to the person whose license has been suspended.
20 * * *
21 (c) Restoration of revoked operating privilege.--Any person
22 whose operating privilege has been revoked pursuant to section
23 1532(C) (RELATING TO SUSPENSION OR REVOCATION OF OPERATING <--
24 PRIVILEGE) OR SECTION 1542 (relating to revocation of habitual
25 offender's license) is not entitled to automatic restoration of
26 the operating privilege. Such person may apply for a license if
27 permitted under the provisions of this chapter and shall be
28 issued a learner's permit under section 1505 (relating to
29 learners' permits) upon expiration of the revocation.
30 (D) REVOCATION UNDER PRIOR LAW.--THE DEPARTMENT SHALL <--
19770H1171B1805 - 49 -
1 IMMEDIATELY REVIEW THE FILES OF THE DEPARTMENT RELATING TO THE
2 REVOCATION OF DRIVERS' LICENSES FOR VIOLATIONS OF THE FORMER
3 PROVISIONS OF SECTION 1037, ACT OF APRIL 29, 1959 (P.L.58,
4 NO.32), KNOWN AS "THE VEHICLE CODE," AND SHALL NOTIFY EACH
5 INDIVIDUAL WHOSE LICENSE WAS REVOKED THAT THE PERIOD OF
6 REVOCATION SHALL BE FOR A PERIOD OF SIX MONTHS ONLY AND THAT
7 SUCH PERSON, UPON RECEIPT OF THE NOTIFICATION, SHALL BE ENTITLED
8 TO REAPPLY FOR A NEW DRIVER'S LICENSE.
9 § 1542. Revocation of habitual offender's license.
10 * * *
11 (b) Offenses enumerated.--Three convictions arising from
12 separate acts of any one or more of the following offenses
13 committed either singularly or in combination by any person
14 shall result in such person being designated as a habitual
15 offender:
16 (1) Any offense set forth in section 1532(a) or (b)
17 (relating to [revocation or] suspension or revocation of
18 operating privilege).
19 (2) Operation following suspension of registration as
20 defined in section 1371 (relating to operation following
21 suspension of registration).
22 (3) Making use of or operating any vehicle without the
23 knowledge or consent of the owner or custodian thereof.
24 (4) Utilizing a vehicle in the unlawful transportation
25 or unlawful sale of alcohol or any controlled substance.
26 (5) Any felony in the commission of which a court
27 determines that a vehicle was essentially involved.
28 (6) Driving under suspension or revocation as defined in
29 section 1543 (relating to driving while operating privilege
30 is suspended or revoked).
19770H1171B1805 - 50 -
1 [(c) [Accelerative] ACCELERATED Rehabilitative Disposition <--
2 as an offense.--[Acceptance of Accelerative] IN ACCORDANCE WITH <--
3 SECTION 1534 (RELATING TO ACCEPTANCE OF ACCELERATED
4 REHABILITATIVE DISPOSITION), ACCEPTANCE OF ACCELERATED
5 Rehabilitative Disposition for any offense enumerated in
6 subsection (b) shall be considered an offense for the purposes
7 of this section.] <--
8 [(d)] (c) Period of revocation.--The operating privilege of
9 any person found to be a habitual offender under the provisions
10 of this section shall be revoked by the department for a period
11 of five years.
12 [(e)] (d) Additional offenses.--Any additional offense
13 committed within a period of five years shall result in a
14 revocation for an additional period of two years.
15 * * * <--
16 § 1543. Driving while operating privilege is suspended or
17 revoked.
18 (a) Offense defined.--Any person who drives a motor vehicle
19 on any highway of this Commonwealth at a time when the operating
20 privilege is suspended or revoked [or recalled] is guilty of a
21 summary offense and shall, upon conviction, be sentenced to pay
22 a fine of $200.
23 (b) Extending existing suspension or revocation.--
24 (1) The department, upon receiving a certified record of
25 the conviction of any person under this section upon a charge
26 of driving a vehicle while the operating privilege was
27 suspended for six months or less, shall [revoke] suspend such
28 privilege for an additional period of six months.
29 (2) If the conviction was upon a charge of driving while
30 the operating privilege was suspended for more than six
19770H1171B1805 - 51 -
1 months, the department shall suspend such privilege for an
2 additional period of one year.
3 (3) If the conviction was upon a charge of driving while
4 the operating privilege was revoked, the department shall
5 revoke the operating privilege for an additional period of
6 [one year] two years.
7 § 1545. Restoration of operating privilege.
8 Upon the restoration of any person's operating privilege
9 which has been suspended [or revoked pursuant to this
10 subchapter,] pursuant to section 1539 (relating to suspension of
11 operating privilege on accumulation of points), such person's
12 record shall show five points, except that any additional points
13 assessed against the person since the date of the last violation
14 resulting in the suspension [or revocation] shall be added to
15 such five points unless the person has served an additional
16 period of suspension [or revocation] pursuant to section 1544(a)
17 (relating to additional period of revocation or suspension).
18 § 1547. Chemical test to determine amount of alcohol.
19 (a) General rule.--[Any person who operates] Every driver of
20 a motor vehicle in this Commonwealth shall be deemed to have
21 given consent to a chemical test of breath or blood for the
22 purpose of determining the alcoholic content of blood if a
23 police officer shall have reasonable grounds to believe the
24 person to have been driving a motor vehicle while under the
25 influence of alcohol to a degree which rendered the person
26 incapable of safe driving. The test shall be administered by
27 qualified personnel and with equipment approved by the
28 department. Qualified personnel means a physician or a
29 technician acting under the physician's direction or a police
30 officer who has fulfilled the training requirements in the use
19770H1171B1805 - 52 -
1 of such equipment in a training program approved by the
2 department.
3 (b) Suspension for refusal.--
4 (1) If any person placed under arrest for driving under
5 the influence of alcohol is requested to submit to a chemical
6 test and refuses to do so, the test shall not be given but
7 upon notice by the police officer, the department [shall] <--
8 may:
9 (i) suspend the operating privilege of the person
10 for a period of six months; or
11 (ii) [revoke] suspend the operating privilege of the
12 person for a period of one year for a second or
13 subsequent refusal within a 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] may <--
16 be suspended [or revoked] upon refusal to submit to a
17 chemical test.
18 (3) Any person whose operating privilege is suspended
19 under the provisions of this section shall have the same
20 right of appeal as provided for in cases of suspension [or
21 revocation] for other reasons.
22 * * *
23 (d) Presumptions from amount of alcohol.--If chemical
24 analysis of a person's breath or blood shows:
25 (1) That the amount of alcohol by weight in the blood of
26 the person tested is 0.05% or less, it shall be presumed that
27 the person tested was not under influence of alcohol to a
28 degree which renders the person incapable of safe driving and
29 the person shall not be charged with any violation under
30 section 3731(a)(1) (relating to driving under influence of
19770H1171B1805 - 53 -
1 alcohol or controlled substance), or if the person was so
2 charged prior to the test, the charge shall be void ab
3 initio.
4 (2) That the amount of alcohol by weight in the blood of
5 the person tested is in excess of 0.05% but less than 0.10%,
6 this fact shall not give rise to any presumption that the
7 person tested was or was not under the influence of alcohol
8 to a degree which renders the person incapable of safe
9 driving, but this fact may be considered with other competent
10 evidence in determining whether the person was or was not
11 under the influence of alcohol to a degree which renders the
12 person incapable of safe driving.
13 (3) That the amount of alcohol by weight in the blood of
14 the person tested is 0.10% or more, it shall be presumed that
15 the defendant was under the influence of alcohol to a degree
16 which renders the person incapable of safe driving.
17 * * *
18 § 1549. Establishment of schools.
19 * * *
20 (b) Course of instruction on alcohol and driving.--The
21 [department in conjunction with the] Governor's Council on Drug
22 and Alcohol Abuse shall establish and maintain a course of
23 instruction on the problems of alcohol and driving. The
24 curriculum of the course of instruction [established by the
25 department and the Governor's Council on Drug and Alcohol Abuse]
26 shall be uniform throughout this Commonwealth and shall be
27 reviewed by [the department and] the Governor's Council on Drug
28 and Alcohol Abuse on an annual basis.
29 § 1550. Identification of driver.
30 (a) Agreement to reveal identity of driver.--Any person to
19770H1171B1805 - 54 -
1 whom a motor vehicle is titled or registered in this
2 Commonwealth is deemed to have agreed:
3 (1) To reveal the identity of the driver of the vehicle,
4 if known, to any police officer who shall have reasonable
5 grounds to believe the vehicle was involved in an accident or
6 any violation of the law.
7 (2) To accept responsibility for any parking violation
8 in which the vehicle is involved and make payment of any fine
9 levied for such violation.
10 (b) Suspension for refusal.--
11 (1) If any person to whom a motor vehicle is titled or
12 registered in this Commonwealth shall refuse to reveal the
13 identity of the driver of the vehicle as provided in
14 subsection (a)(1), the department shall:
15 (i) suspend the operating privilege OR THE <--
16 REGISTRATION OF SAID VEHICLE of the person for a period
17 of six months; or
18 (ii) suspend the operating privilege OR THE <--
19 REGISTRATION OF SAID VEHICLE of the person for a period
20 of one year for a second or subsequent refusal within a
21 period of three years.
22 (2) It shall be the duty of the police officer to inform
23 the person that the person's operating privilege OR VEHICLE <--
24 REGISTRATION will be suspended upon refusal to reveal the
25 identity of the driver of the vehicle.
26 (3) Any person whose operating privilege OR VEHICLE <--
27 REGISTRATION is suspended under the provisions of this
28 section shall have the same right to appeal as provided for
29 in cases of suspension for other reasons.
30 [§ 1550] § 1551. Judicial review.
19770H1171B1805 - 55 -
1 (a) General rule.--Any person denied a driver's license or
2 whose operating privilege has been [recalled, canceled,]
3 suspended or revoked by the department shall have the right to
4 appeal by filing a petition within 30 days from the date notice
5 is mailed for a hearing in the court of common pleas of the
6 county in which the driver resides or, in the case of
7 [cancellation,] suspension or revocation of a nonresident's
8 operating privilege, in the county in which the offense giving
9 rise to the [recall, cancellation,] suspension or revocation
10 occurred. Notice of the appeal shall be served upon one of the
11 department's legal offices.
12 (b) Supersedeas.--[The filing] Filing and service of the
13 petition shall operate as a supersedeas and no [recall,]
14 suspension[, cancellation] or revocation which has been appealed
15 shall be imposed against such person until final determination
16 of the matter.
17 (c) Jurisdiction and proceedings of court.--The court is
18 hereby vested with jurisdiction and it shall be its duty to set
19 the matter for hearing forthwith upon 30 days written notice to
20 the department and to determine whether the [petitioner is in
21 fact the person whose] petitioner's operating privilege [is
22 subject to the recall, suspension, cancellation or revocation]
23 should be suspended or revoked, or the person's endorsement
24 removed.
25 [§ 1551] § 1552. Notice of [suspension of licenses or
26 permits.] department action.
27 The department shall [promptly] notify each person [whose
28 license or permit is suspended] of any action taken pursuant to
29 section 1538 (relating to school, examination or hearing on
30 accumulation of points) or section 1539 (relating to suspension
19770H1171B1805 - 56 -
1 of operating privilege on accumulation of points) as a result of
2 the accumulation of points. [The notification that the license
3 or permit is suspended shall be made] Notification shall be
4 mailed within six months [following] of receipt by the
5 department of notice of the conviction [of a violation of this
6 title] that resulted in the addition of sufficient points to
7 cause the [suspension] department action. Failure of the
8 department to give [prompt] notice of [suspension] the action as
9 required by this section shall prohibit the department from
10 [suspending the license or permit of such person.] taking such
11 action.
12 § 1553. HEARING PRIOR TO SUSPENSION OR REVOCATION. <--
13 NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS TITLE TO THE
14 CONTRARY, BEFORE THE OPERATING PRIVILEGE OF ANY DRIVER IS
15 SUSPENDED OR REVOKED, THE DRIVER SHALL BE GIVEN THE OPPORTUNITY
16 TO HAVE A DEPARTMENTAL HEARING, IF HE SO REQUESTS, BEFORE THE
17 SUSPENSION OR REVOCATION BECOMES EFFECTIVE.
18 § 1571. Violations concerning licenses.
19 (a) Offenses defined.--It is unlawful for any person:
20 (1) To exhibit or cause or permit to be exhibited or
21 have in possession any [recalled,] canceled,] suspended, <--
22 revoked, fictitious or fraudulently altered driver's license.
23 (2) To sell or lend a driver's license to any other
24 person or permit the use thereof by another.
25 (3) To purchase, exhibit or represent as one's own any
26 driver's license not issued to the person.
27 (4) To fail or refuse to surrender to the department
28 upon lawful demand a recalled, canceled, suspended, revoked,
29 fictitious or fraudulently altered driver's license.
30 (b) Penalty.--Any person violating any of the provisions of
19770H1171B1805 - 57 -
1 this section is guilty of a summary offense and shall, upon
2 conviction, be sentenced to pay a fine of [$100] $200. <--
3 § 1572. [Cancellation] Suspension of [driver's license]
4 operating privilege.
5 (a) Ineligibility for licensing.--The department [may cancel
6 any driver's license] shall suspend a person's operating
7 privilege for six months upon determining that the licensee was
8 not entitled to the issuance or that the person failed to give
9 the required or correct information or committed fraud in making
10 the application or in obtaining the license [or the fee has not
11 been paid. Upon the cancellation, the licensee shall immediately
12 surrender the canceled license to the department].
13 (b) Nonpayment of fee.--The department shall suspend a
14 person's operating privilege upon determining that the fee is
15 not paid. The suspension shall remain in effect until the
16 required fee and penalty have been paid.
17 § 1573. Driving under foreign license during suspension or
18 revocation.
19 Any resident or nonresident whose operating privilege to
20 drive a motor vehicle in this Commonwealth has been [recalled,] <--
21 canceled,] suspended or revoked as provided in this title shall <--
22 not drive a motor vehicle in this Commonwealth under a license
23 or permit issued by any other jurisdiction or otherwise during
24 the suspension or after the [recall,] cancellation or] <--
25 revocation until a new driver's license is obtained when and as
26 permitted under this chapter.
27 § 1901. Exemption of entities and vehicles from fees.
28 (a) Governmental and quasi-governmental entities.--Except as
29 otherwise specifically provided in this title, no fees shall be
30 charged under this title to any of the following:
19770H1171B1805 - 58 -
1 (1) The Commonwealth.
2 (2) Political subdivisions of this Commonwealth.
3 (3) [State and local authorities.] Governmental
4 authorities organized under the laws of this Commonwealth.
5 (4) The Federal Government.
6 (5) Other states.
7 (b) Title and registration fees.--No fee shall be charged
8 for titling or registration of any of the following:
9 (1) Buses registered by urban mass transportation
10 systems [except that this paragraph shall cover only the
11 number of buses which the department determines are required
12 to provide scheduled service within the county in which they
13 have their principal place of business or contiguous
14 counties].
15 (2) Vehicles registered by volunteer fire, rescue and
16 ambulance associations.
17 (3) Vehicles registered by foreign nationals with the
18 rank of vice consul or higher assigned to a consulate in this
19 Commonwealth provided that citizens of the United States are
20 granted reciprocal exemptions.
21 (4) Vehicles of totally disabled veterans whose
22 disability is certified by the United States Veterans'
23 Administration as service-connected.
24 (c) Processing fee in lieu of registration fee.--No
25 registration fee shall be charged for vehicles registered by any
26 of the following but the department shall charge a fee of $10 to
27 cover the costs of processing for issuing or renewing the
28 registration:
29 (1) Hospital.
30 (2) Humane society.
19770H1171B1805 - 59 -
1 (3) Nonprofit youth center.
2 (4) American Red Cross.
3 (5) Church.
4 (6) Girl Scouts of America.
5 (7) Boy Scouts of America.
6 (8) Salvation Army.
7 (9) Duly chartered posts of national veterans'
8 organizations.
9 (10) Young Men's Christian Association.
10 (11) Young Men's Hebrew Association.
11 (12) Young Women's Christian Association.
12 (13) Young Women's Hebrew Association.
13 (14) Jewish Community Center.
14 (15) Nonprofit corporations of musical marching groups
15 of youths.
16 (16) Any person who is retired and receiving social
17 security or other pension and whose total income does not
18 exceed $7,500 per year. Unless the retired person is
19 physically or mentally incapable of driving the vehicle, the
20 retired person shall be the principal driver of the vehicle
21 but may from time to time authorize another person to drive
22 the vehicle in his or her stead.
23 (17) Any veteran [who lost a limb or eye or who became
24 partially paralyzed while serving in the armed forces of the
25 United States] who is not totally disabled but who lost one
26 or more limbs or eyes or is partially paralyzed and whose
27 disability is certified by the United States Veterans'
28 Administration as service-connected.
29 (18) ANY NONPROFIT SCHOOL OF SECONDARY EDUCATION FOR <--
30 VEHICLES USED IN STATE APPROVED DRIVERS' EDUCATION PROGRAMS.
19770H1171B1805 - 60 -
1 (19) NONPROFIT CORPORATIONS OF SENIOR CITIZENS.
2 (20) PENNSYLVANIA PUBLIC TELEVISION STATIONS.
3 (21) CAMP FIRE GIRLS OF AMERICA, INC.
4 * * *
5 § 1911. ANNUAL REGISTRATION FEES. <--
6 (A) GENERAL RULE.--AN ANNUAL FEE FOR THE REGISTRATION OF
7 VEHICLES AS PROVIDED IN CHAPTER 13 (RELATING TO THE REGISTRATION
8 OF VEHICLES) SHALL BE CHARGED BY THE DEPARTMENT AS PROVIDED IN
9 THIS TITLE.
10 (B) DEPARTMENT TO ESTABLISH CERTAIN FEES.--IF A VEHICLE TO
11 BE REGISTERED IS OF A TYPE NOT SPECIFICALLY PROVIDED FOR BY THIS
12 TITLE AND IS OTHERWISE ELIGIBLE FOR REGISTRATION, THE DEPARTMENT
13 SHALL DETERMINE THE MOST APPROPRIATE FEE OR FEE SCHEDULE FOR THE
14 VEHICLE OR TYPE OF VEHICLE BASED ON SUCH FACTORS AS DESIGN AND
15 INTENDED USE.
16 (C) REGISTRATION AFTER BEGINNING OF REGISTRATION YEAR.--
17 (1) WHEN REGISTRATION IS APPLIED FOR AFTER THE BEGINNING
18 OF THE SEVENTH MONTH OF THE REGISTRATION YEAR BUT BEFORE THE
19 BEGINNING OF THE TENTH MONTH OF THE REGISTRATION YEAR, THE
20 FEE FOR REGISTRATION OF A VEHICLE SHALL BE ONE-HALF THE
21 ANNUAL FEE.
22 (2) WHEN THE REGISTRATION IS APPLIED FOR AFTER THE
23 BEGINNING OF THE TENTH MONTH OF THE REGISTRATION YEAR, THE
24 FEE FOR REGISTRATION OF A VEHICLE SHALL BE ONE-FOURTH THE
25 ANNUAL FEE.
26 (3) THE PROVISIONS OF THIS SUBSECTION SHALL APPLY ONLY
27 UNTIL SUCH TIME AS THE DEPARTMENT SHALL IMPLEMENT A STAGGERED
28 REGISTRATION SYSTEM.
29 § 1914. Motorcycles.
30 The annual fee for registration of a motorcycle other than a
19770H1171B1805 - 61 -
1 [motor-driven cycle] motorized pedalcycle shall be $12.
2 § 1915. [Motor-driven cycles] Motorized pedalcycles.
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
19770H1171B1805 - 62 -
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 § 1924. FARM TRUCKS. <--
21 THE ANNUAL FEE FOR REGISTRATION OF A FARM TRUCK SHALL BE
22 [$27] $51 OR ONE-THIRD OF THE REGULAR FEE, WHICHEVER IS GREATER.
23 § 1926. Dealers and miscellaneous motor vehicle business.
24 * * *
25 (c) [Motor-driven cycle] Motorized pedalcycle dealers.--The
26 annual fee for each dealer registration plate issued to a
27 [motor-driven cycle] motorized pedalcycle dealer shall be $6.
28 § 1929. REPLACEMENT REGISTRATION PLATES. <--
29 THE FEE FOR A REPLACEMENT REGISTRATION PLATE AND ACCOMPANYING
30 REGISTRATION CARD OTHER THAN A LEGISLATIVE OR PERSONAL PLATE
19770H1171B1805 - 63 -
1 SHALL BE $5. IN NO CASE SHALL ANY ADDITIONAL FEE BE CHARGED FOR
2 THE ACCOMPANYING CARD.
3 § 1943. Annual hauling permits.
4 * * *
5 (b) Implements of husbandry.--The annual fee for operation
6 or movement of oversize [self-propelled] implements of
7 husbandry, as provided for in section 4967 (relating to permit
8 for movement of implements of husbandry), shall be $20 for the
9 first implement and $5 for each additional implement.
10 * * *
11 § 1944. Utility construction equipment.
12 The fee for a permit for each item of oversized or overweight
13 utility construction equipment as provided for in section 4970
14 (relating to permit for movement of utility construction
15 equipment) shall be $50.
16 § [1944] 1945. Mobile homes and similar trailers.
17 The fee for a special hauling permit for a mobile home or
18 similar trailer which exceeds the maximum size prescribed in
19 this title shall be $20.
20 § [1945] 1946. Books of permits.
21 (a) General rule.--Upon request, permits for movement of
22 oversize vehicles or loads, the dimensions of which do not
23 exceed those specified by the department, will be issued in
24 booklet form, containing a convenient number of permits. For
25 each movement, one permit shall be removed from the booklet,
26 dated, trip data entered and securely affixed to the vehicle or
27 load.
28 (b) Penalty.--Any person violating any of the provisions of
29 this section is guilty of a summary offense and shall, upon
30 conviction, be sentenced to pay a fine of $500.
19770H1171B1805 - 64 -
1 § [1946] 1947. Movements requiring special escort.
2 When a special escort is required, as provided for in section
3 4962 (relating to conditions of permits and security for
4 damages), the cost of the escort shall be added to the permit
5 fee. The department, the Pennsylvania State Police and local
6 authorities may establish schedules of fees for escort costs
7 based on mileage or otherwise.
8 § [1947] 1948. Refund of certain fees.
9 The portion of the fee of an unused overweight permit based
10 on ton-miles or the fee for an unused escort, or both, may be
11 refunded upon payment of a processing fee of $10.
12 § 1951. Driver's license and learner's permit.
13 (a) Driver's license.--The annual fee for a driver's license
14 shall be $5 [plus the cost of the photograph required in section
15 1510(a) (relating to issuance and content of driver's license)].
16 (b) Learner's permit.--The fee for a learner's permit shall
17 be $5.
18 (c) Identification card.--The fee for an identification card
19 shall be $5.
20 (d) Replacement license or card.--The fee for a replacement
21 driver's license or identification card shall be $5.
22 (e) Photograph.--In addition to the fees set forth in this
23 section, the department shall charge the cost of the photograph
24 required by section 1510 (relating to issuance and content of
25 driver's license).
26 § 1953. Security interest.
27 The fee for recording or changing [the amount of] a security
28 interest on a certificate of title shall be $5 EXCEPT THAT NO <--
29 FEE SHALL BE CHARGED PURSUANT TO THIS SECTION WHEN A FEE IS ALSO
30 CHARGED PURSUANT TO SECTION 1952 (RELATING TO CERTIFICATE OF
19770H1171B1805 - 65 -
1 TITLE).
2 § 1955. Information concerning drivers and vehicles.
3 (a) [Registrations, titles and security interests] General
4 rule.--The fee for copies of or information relating to a
5 driver's license, learner's permit, driving record,
6 registration, title or security interest shall be $2.50.
7 * * *
8 § 1957. Uncollectible checks.
9 Whenever any check issued in payment of any fee or for any
10 other purpose is returned to the department as uncollectible,
11 the department or municipality shall charge a fee of $10 for
12 each driver's license, registration, replacement of tags,
13 transfer of registration, certificate of title, whether original
14 or duplicate, special hauling permit and each other unit of
15 issue by the department or municipality, plus all protest fees,
16 to the person [presenting] drawing the check, to cover the cost
17 of collection.
18 § 1960. Driver improvement school, department hearing and
19 special examination.
20 The fee for attending a driver improvement school, department
21 hearing or undergoing a special examination as provided for in
22 section 1538 (relating to school, examination or hearing on
23 accumulation of points or excessive speeding) shall be $10.
24 § 1961. CERTIFICATE OF EXEMPTION FOR FARM TRUCK. <--
25 THE BIANNUAL PROCESSING FEE FOR A CERTIFICATE OF EXEMPTION
26 ISSUED IN LIEU OF REGISTRATION OF A FARM TRUCK SHALL BE $12.
27 § 3101. Application of part.
28 (a) General rule.--Except as provided in subsection (b), the
29 provisions of this part relating to the operation of vehicles
30 refer exclusively to the operation of vehicles upon highways
19770H1171B1805 - 66 -
1 except where a different place is specifically referred to in a
2 particular provision.
3 (b) [Serious] Certain traffic offenses.--The provisions of
4 section 3714 (relating to reckless driving) and of subchapter B
5 of Chapter 37 (relating to serious traffic offenses) shall apply
6 upon highways and trafficways throughout this Commonwealth.
7 § 3105. Drivers of emergency vehicles.
8 * * *
9 (c) Audible and visual signals required.--The privileges
10 granted in this section to an emergency vehicle shall apply only
11 when the vehicle is making use of an audible signal and visual
12 signals meeting the requirements and standards set forth in
13 regulations adopted by the department, except that an emergency
14 vehicle operated as [a police vehicle [need]: <--
15 (1) A POLICE VEHICLE: <--
16 (1) (I) Need not be equipped with or display the <--
17 visual signals.
18 (2) (II) Need not use an audible signal when <--
19 attempting to time the rate of speed of a vehicle except
20 when exercising the special privileges granted under
21 subsection (b)(2) or (4).
22 (2) AN AMBULANCE NEED NOT USE AN AUDIBLE SIGNAL WHEN <--
23 TRANSPORTING A PATIENT WHOSE CONDITION WOULD BE AGGRAVATED BY
24 THE USE OF THE AUDIBLE SIGNAL.
25 (d) [Ambulance and blood-delivery] Blood-delivery
26 vehicles.--The driver of [an ambulance or] a blood-delivery
27 vehicle shall comply with maximum speed limits, red signal
28 indications and stop signs. After ascertaining that the
29 [ambulance or] blood-delivery vehicle will be given the right-
30 of-way, the driver may proceed through a red signal indication
19770H1171B1805 - 67 -
1 or stop sign.
2 * * *
3 § 3111. Obedience to traffic-control devices.
4 * * *
5 (e) Evasion of traffic-control devices.--The driver of a
6 motor vehicle shall not evade or attempt to evade a traffic-
7 control device by driving off the roadway and shoulder of the
8 highway.
9 § 3112. Traffic-control signals.
10 (a) General rule.--Whenever traffic is controlled by
11 traffic-control signals exhibiting different colored lights, or
12 colored lighted arrows, successively one at a time or in
13 combination, only the colors green, red and yellow shall be
14 used, except for special pedestrian signals carrying a word
15 legend, and the lights shall indicate and apply to drivers of
16 vehicles and pedestrians as follows:
17 (1) Green indication.--
18 (i) Vehicular traffic facing a circular green signal
19 may proceed straight through or turn right or left unless
20 a sign at such place prohibits either such turn except
21 that vehicular traffic, including vehicles turning right
22 or left, shall yield the right-of-way to other vehicles
23 and to pedestrians lawfully within the intersection or an
24 adjacent crosswalk at the time the signal is exhibited.
25 (ii) Vehicular traffic facing a green arrow signal,
26 shown alone or in combination with another indication,
27 may enter the intersection only to make the movement
28 indicated by the arrow, or such other movement as is
29 permitted by other indications shown at the same time.
30 Such vehicular traffic shall yield the right-of-way to
19770H1171B1805 - 68 -
1 pedestrians lawfully within an adjacent crosswalk and to
2 other traffic lawfully using the intersection.
3 (iii) Unless otherwise directed by a pedestrian-
4 control signal as provided in section 3113 (relating to
5 pedestrian-control signals), pedestrians facing any green
6 signal may proceed across the roadway within a crosswalk.
7 (2) Steady yellow indication.--
8 (i) Vehicular traffic facing a steady yellow signal
9 is thereby warned that the related green indication is
10 being terminated or that a red indication will be
11 exhibited immediately thereafter.
12 (ii) Unless otherwise directed by a pedestrian-
13 control signal as provided in section 3113, pedestrians
14 facing a steady yellow signal are thereby advised that
15 there is insufficient time to cross the roadway before a
16 red indication is shown and no pedestrian shall then
17 start to cross the roadway.
18 (3) Steady red indication.--
19 (i) Vehicular traffic facing a steady red signal
20 alone shall stop at a clearly marked stop line, or if
21 none, before entering the crosswalk on the near side of
22 the intersection, or if none, then before entering the
23 intersection and shall remain standing until an
24 indication to proceed is shown except as provided in
25 subparagraph (ii).
26 (ii) Unless a sign is in place prohibiting a turn,
27 vehicular traffic facing a steady red signal may enter
28 the intersection to turn right, or to turn left from a
29 one-way [roadway] highway onto a one-way [roadway]
30 highway after stopping as required by subparagraph (i).
19770H1171B1805 - 69 -
1 Such vehicular traffic shall yield the right-of-way to
2 pedestrians lawfully within an adjacent crosswalk and to
3 other traffic lawfully using the intersection.
4 (iii) Unless otherwise directed by a pedestrian-
5 control signal as provided in section 3113, pedestrians
6 facing a steady red signal alone [shall] should not enter
7 the roadway.
8 * * *
9 § 3307. No-passing zones.
10 (a) Establishment and marking.--The department and local
11 authorities may determine those portions of any highway under
12 their respective jurisdictions where overtaking and passing or
13 driving on the left side of the roadway would be especially
14 hazardous and shall by appropriate signs or markings on the
15 roadway indicate the beginning and end of such zones and when
16 the signs or markings are in place and clearly visible to an
17 ordinarily observant person every driver of a vehicle shall obey
18 the directions of the signs or markings. [Signs] Except in urban
19 districts, signs shall be placed to indicate the beginning and
20 end of each no-passing zone.
21 (b) Compliance by drivers.--Where required signs [and] or
22 markings or both are in place to define a no-passing zone as set
23 forth in subsection (a), no driver shall at any time drive on
24 the left side of the roadway within the no-passing zone or on
25 the left side of any pavement striping designed to mark a no-
26 passing zone throughout its length.
27 * * *
28 § 3331. Required position and method of turning.
29 * * *
30 (b) Left turn.--The driver of a vehicle intending to turn
19770H1171B1805 - 70 -
1 left shall approach the turn in the extreme left-hand lane
2 lawfully available to traffic moving in the direction of travel
3 of the vehicle. Whenever practicable, the left turn shall be
4 made to the left of the center of the intersection and so as to
5 [leave the intersection or location in] enter the extreme left-
6 hand lane lawfully available to traffic moving in the same
7 direction as the vehicle on the roadway being entered.
8 * * *
9 § 3334. Turning movements and required signals.
10 * * *
11 (b) Signals on turning and starting.--At speeds of [less
12 than] 35 miles per hour or less, an appropriate signal of
13 intention to turn right or left shall be given continuously
14 during not less than the last 100 feet traveled by the vehicle
15 before turning. The signal shall be given during not less than
16 the last 300 feet at speeds in excess of 35 miles per hour. The
17 signal shall also be given prior to entry of the vehicle into
18 the traffic stream from a parked position.
19 * * *
20 § 3335. Signals by hand and arm or signal lamps.
21 (a) General rule.--Any stop or turn signal shall be given
22 either by means of the hand and arm or by signal lamps, except
23 as otherwise provided in subsection (b).
24 (b) Required signals by signal lamps.--Any motor vehicle in
25 use on a highway shall be equipped with, and required signal
26 shall be given by, signal lamps when the distance from the
27 center of the top of the steering post to the left outside limit
28 of the body, cab or load of the motor vehicle exceeds 24 inches,
29 or when the distance from the center of the top of the steering
30 post to the rear limit of the body or load exceeds 14 feet. The
19770H1171B1805 - 71 -
1 latter measurement shall apply to any single vehicle and to any
2 combination of vehicles.
3 (c) Exception.--This section does not apply to a motor
4 vehicle registered as an antique or [classic] historic vehicle
5 which was not originally equipped with signal lamps.
6 § 3342. Vehicles required to stop at railroad crossings.
7 * * *
8 (d) Hazardous substances violations.--All prosecutions for
9 violations of this section by drivers of vehicles carrying
10 hazardous substances as determined by the Hazardous Substances
11 Transportation Board shall be brought under the act of November
12 9, 1965 (P.L.657, No.323), known as the "Hazardous Substances
13 Transportation Act," and regulations promulgated thereunder.
14 § 3345. Meeting or overtaking school bus.
15 (a) Duty of approaching driver when red signals are
16 flashing.--Except as provided in subsection (g), the driver of a
17 vehicle meeting or overtaking any school bus stopped on the
18 highway shall stop at least ten feet before reaching the school
19 bus when the red signal lights on the school bus are flashing.
20 The driver shall not proceed until the flashing red signal
21 lights are no longer actuated. In no event shall a driver of a
22 vehicle resume motion of the vehicle until the school children
23 who may have alighted from the school bus have reached a place
24 of safety.
25 (b) Duty of approaching driver when amber signals are
26 flashing.--The driver of a vehicle meeting or overtaking any
27 school bus shall proceed past the school bus with caution and
28 shall be prepared to stop when the amber signal lights are
29 flashing.
30 (c) Use of red signals.--The red visual signals shall be
19770H1171B1805 - 72 -
1 actuated by the driver of every school bus whenever the vehicle
2 is stopped on the highway for the purpose of receiving or
3 discharging school children, except as provided in subsections
4 (e) and (f). The signals shall not be terminated until the
5 school children who may have alighted from the school bus have
6 reached a place of safety or until boarding school children have
7 completed boarding the bus and are seated.
8 (d) Use of amber signals.--The amber visual signals shall be
9 actuated by the driver of every school bus not more than 300
10 feet nor less than 150 feet prior to making a stop for the
11 purpose of receiving or discharging school children and shall
12 remain in operation until the red visual signals are actuated.
13 Amber signals shall not be used unless the red visual signals
14 are to be actuated immediately following.
15 (e) Limitations on use of signals.--The visual signals
16 required in the regulations shall not be actuated on streets in
17 urban districts designated by the department or local
18 authorities, at intersections or other places where traffic is
19 controlled by uniformed police officers or appropriately attired
20 persons authorized to direct, control or regulate traffic, or in
21 school bus loading areas designated by the department or local
22 authorities when the bus is entirely off the roadway and
23 shoulder.
24 (f) Operation for nonschool purposes.--When a school bus is
25 being operated upon a highway for purposes other than the actual
26 transportation of school children to or from school or in
27 connection with school activities, all markings indicating
28 "SCHOOL BUS" shall be covered or concealed. During such
29 operation, the flashing visual signals shall not be actuated.
30 (g) Exceptions from stopping requirements.--The driver of a
19770H1171B1805 - 73 -
1 vehicle upon [a highway with separate roadways] a divided
2 highway, need not stop upon meeting or passing a school bus with
3 actuated red signal lights which is on [a different roadway] the
4 opposite side of the divided highway.
5 (h) Loading zones for school children.--Every school
6 district transporting school children by school bus shall
7 establish and maintain school bus loading zones at or near all
8 schools to or from which school children are transported and
9 shall establish school bus loading zones along the highways
10 traversed by school buses in accordance with regulations
11 promulgated by the department.
12 (i) Mandatory use of loading zones.--Whenever school bus
13 loading zones have been established at or near a school or along
14 a highway, it is unlawful for a school bus operator to stop the
15 bus to pick up or discharge school children at any location
16 other than at the loading zones. A list or map of approved
17 loading zones for the route of the bus shall be carried by the
18 operator.
19 (j) Penalty.--Any person violating subsection (a) is guilty
20 of a summary offense and shall, upon conviction, be sentenced to
21 pay a fine of $100.
22 § 3346. Meeting or overtaking streetcar.
23 Except where a safety zone has been established, the driver
24 of a vehicle meeting or overtaking any streetcar stopped on the
25 highway for the purpose of taking on or discharging passengers
26 shall not pass the streetcar on the side on which passengers are
27 being taken on or discharged until the streetcar has started and
28 any passengers who may have alighted have reached a place of
29 safety.
30 § 3351. Stopping, standing and parking outside business and
19770H1171B1805 - 74 -
1 residence districts.
2 (a) General rule.--Outside a business or residence district,
3 no person shall stop, park or stand any vehicle, whether
4 attended or unattended, upon the roadway when it is practicable
5 to stop, park or stand the vehicle off the roadway. In the event
6 it is necessary to stop, park or stand the vehicle on the
7 roadway or any part of the roadway, an unobstructed width of the
8 highway opposite the vehicle shall be left for the free passage
9 of other vehicles [and the vehicle shall be visible from a <--
10 distance of 500 feet in each direction upon the highway]. <--
11 * * * <--
12 (B) [EXCEPTION FOR DISABLED VEHICLES] EXCEPTIONS.--(1) THIS <--
13 SECTION AND SECTIONS 3353 (RELATING TO PROHIBITIONS IN
14 SPECIFIED PLACES) AND 3354 (RELATING TO ADDITIONAL PARKING
15 REGULATIONS) DO NOT APPLY TO THE DRIVER OF ANY VEHICLE WHICH
16 IS DISABLED IN SUCH A MANNER AND TO SUCH AN EXTENT THAT IT IS
17 IMPOSSIBLE TO AVOID STOPPING AND TEMPORARILY LEAVING THE
18 VEHICLE IN THAT POSITION.
19 (2) THIS SECTION DOES NOT APPLY TO MAIL DELIVERY
20 VEHICLES.
21 § 3352. Removal of vehicle by or at direction of police.
22 (a) Outside business and residence districts.--Whenever any
23 police officer finds a vehicle in violation of any of the
24 provisions of section 3351 (relating to stopping, standing and
25 parking outside business and residence districts), the officer
26 may move the vehicle, or cause the vehicle to be moved, or
27 require the driver or other person in charge of the vehicle to
28 move the vehicle, to a position off the roadway where the
29 vehicle will not interfere unduly with the normal movement of
30 traffic or constitute a safety hazard.
19770H1171B1805 - 75 -
1 (b) Unattended vehicle obstructing traffic.--Any police
2 officer may remove or cause to be removed to a place of safety
3 any unattended vehicle illegally left standing upon any highway,
4 bridge, causeway or in any tunnel, in such position or under
5 such circumstances as to interfere unduly with the normal
6 movement of traffic or constitute a safety hazard.
7 (c) Removal to garage or place of safety.--Any police
8 officer may remove or cause to be removed to a nearby garage or
9 other place of safety any vehicle found upon a highway under any
10 of the following circumstances:
11 (1) Report has been made that the vehicle has been
12 stolen or taken without the consent of its owner.
13 (2) The person or persons in charge of the vehicle are
14 physically unable to provide for the custody or removal of
15 the vehicle.
16 (3) The person driving or in control of the vehicle is
17 arrested for an alleged offense for which the officer is
18 required by law to take the person arrested before an issuing
19 authority without unnecessary delay.
20 (4) The vehicle is in violation of section 3353
21 (relating to prohibitions in specified places) except for
22 overtime parking.
23 (5) The vehicle has been abandoned as defined in this
24 title. [The officer shall comply with the provisions of
25 subsection (d) and Chapter 73 (relating to abandoned vehicles
26 and cargos).]
27 (d) Procedure.--
28 (1) If the vehicle has been abandoned and does not fall
29 within the conditions enumerated in subsection (c)(1), (2),
30 (3) or (4), the officer shall comply with the provisions of
19770H1171B1805 - 76 -
1 subsection (e).
2 (2) Unclaimed vehicles shall be disposed of in
3 accordance with Chapter 73 (relating to abandoned vehicles
4 and cargos).
5 [(d)] (e) Notice to owner prior to removal.--
6 (1) Prior to removal under subsection (c)(5) of an
7 abandoned vehicle bearing a registration plate by which the
8 last registered owner of the vehicle can be determined,
9 notice shall be sent by certified mail to the last registered
10 owner of the vehicle informing the owner that unless the
11 vehicle is moved to a suitable location within five days of
12 the date notice is mailed, the vehicle will be removed under
13 this section and held at a suitable facility where it may be
14 reclaimed by the owner in accordance with the provisions of
15 section 7306 (relating to payment of costs upon reclaiming
16 vehicle). If the abandoned motor vehicle does not bear an
17 identifiable registration plate, the notice may be secured to
18 the vehicle.
19 (2) If, within the five-day period, the owner so
20 requests, the owner shall be given an opportunity to explain
21 to the police officer or department why the owner believes
22 the vehicle should not be moved. If the police officer or
23 department determines that the vehicle shall, nonetheless, be
24 moved, the owner shall be given an additional 48 hours to
25 move the vehicle or have it moved.
26 (3) The provision for notice set forth in this
27 subsection is in addition to any other notice requirements
28 provided in Chapter 73.
29 § 3353. Prohibitions in specified places.
30 (a) General rule.--Except when necessary to avoid conflict
19770H1171B1805 - 77 -
1 with other traffic or to protect the safety of any person or
2 vehicle or in compliance with law or the directions of a police
3 officer or official traffic-control device, no person shall:
4 (1) Stop, stand or park a vehicle:
5 (i) On the roadway side of any vehicle stopped or
6 parked at the edge or curb of a street except that a
7 pedalcycle may be parked as provided in section
8 3509(b)(2) (relating to parking) and except where such
9 stopping, standing or parking for the purpose of loading
10 or unloading is authorized by local ordinance.
11 (ii) On a sidewalk except that a pedalcycle may be
12 parked as provided in section 3509(b)(2).
13 (iii) Within an intersection.
14 (iv) On a crosswalk.
15 (v) Between a safety zone and the adjacent curb
16 within 30 feet of points on the curb immediately opposite
17 the ends of a safety zone, unless a different length is
18 indicated by official traffic-control devices.
19 (vi) Alongside or opposite any street excavation or
20 obstruction when stopping, standing or parking would
21 obstruct traffic.
22 (vii) Upon any bridge or other elevated structure
23 upon a highway or within a highway tunnel.
24 (viii) On any railroad tracks.
25 (ix) In the area between roadways of a divided
26 highway, including crossovers.
27 (x) At any place where official signs prohibit
28 stopping.
29 (2) Stand or park a vehicle:
30 (i) In front of a public or private driveway.
19770H1171B1805 - 78 -
1 (ii) Within 15 feet of a fire hydrant.
2 (iii) Within 20 feet of a crosswalk at an
3 intersection.
4 (iv) Within 30 feet upon the approach to any
5 flashing signal, stop sign, yield sign or traffic-control
6 signal located at the site of a roadway.
7 (v) Within 20 feet of the driveway entrance to any
8 fire station or, when [properly sign posted, on the side
9 of a street opposite the entrance to any fire station
10 within 75 feet of the entrance.] signs are duly posted on
11 the opposite side of the street, within 75 feet of the
12 points immediately opposite the intersections of the
13 sides of the driveway entrance with the curb line.
14 (vi) Where the vehicle would prevent the free
15 movement of a streetcar.
16 (vii) On a limited access highway unless authorized
17 by official traffic-control devices.
18 (viii) At any place where official signs prohibit
19 standing.
20 (3) Park a vehicle:
21 (i) Within 50 feet of the nearest rail of a railroad
22 crossing.
23 (ii) At any place where official signs prohibit
24 parking.
25 * * *
26 (e) Penalty.--Any person violating any provision of this
27 section is guilty of a summary offense and shall, upon
28 conviction, be sentenced to pay a fine of up to NOT MORE THAN <--
29 $15.
30 § 3354. Additional parking regulations.
19770H1171B1805 - 79 -
1 * * *
2 (d) Handicapped persons and disabled veterans.--
3 (1) When a motor vehicle bearing registration plates
4 issued to handicapped persons or disabled veterans as
5 prescribed in this title is being operated by or for the
6 transportation of the handicapped person or disabled veteran,
7 the driver shall be relieved of any liability for parking for
8 a period of [60] 90 minutes in excess of the legal parking
9 period permitted by local authorities except where local
10 ordinances or police regulations provide for the
11 accommodation of heavy traffic during morning, afternoon or
12 evenings hours.
13 (2) At the request of any handicapped person or disabled
14 veteran, local authorities may erect on the highway as close
15 as possible to their place of residence a sign or signs
16 indicating that that place is reserved for a handicapped
17 person or disabled veteran, that no parking is allowed there
18 by others, and that any unauthorized person parking there
19 shall be subject to a fine.
20 (e) Penalty.--Any person violating subsection (a),(b) or (d)
21 is guilty of a summary offense and shall, upon conviction, be
22 sentenced to pay a fine of up to NOT MORE THAN $15. <--
23 § 3363. Alteration of maximum limits.
24 The department or local authorities on highways under their
25 respective jurisdictions, upon the basis of an engineering and
26 traffic [investigation] study, may determine that the maximum
27 speed permitted under this subchapter is greater or less than is
28 reasonable and safe under the conditions found to exist upon any
29 such highway or part thereof and establish a reasonable and safe
30 maximum limit. The maximum speed limit may be made effective at
19770H1171B1805 - 80 -
1 all times or at times indicated and may vary for different
2 weather conditions and other factors bearing on safe speeds. No
3 maximum speed greater than 55 miles per hour shall be
4 established under this section.
5 § 3364. Minimum speed regulation.
6 * * *
7 (c) Establishment of minimum speed limits.--At any other
8 time when the department or local authorities under their
9 respective jurisdictions determine on the basis of an
10 engineering and traffic [investigation] study that slow speeds
11 on any highway or part of a highway impede the normal and
12 reasonable movement of traffic, the department or such local
13 authority may determine and declare a minimum speed limit below
14 which no person shall drive a vehicle except when necessary for
15 safe operation or in compliance with law. The minimum limit
16 shall be effective when posted upon appropriate fixed or
17 variable signs.
18 § 3365. Special speed limitations.
19 (a) Bridges and elevated structures.--
20 (1) No person shall drive a vehicle over any bridge or
21 other elevated structure constituting a part of a highway at
22 a speed which is greater than the maximum speed which can be
23 maintained with safety to the bridge or structure when the
24 structure is posted with signs as provided in this
25 subsection.
26 (2) The department and local authorities on highways
27 under their respective jurisdictions may conduct [a traffic
28 and engineering investigation] an engineering and traffic
29 study of any bridge or other elevated structure constituting
30 a part of a highway, and if it shall thereupon find that the
19770H1171B1805 - 81 -
1 structure cannot safely withstand vehicles traveling at the
2 speed otherwise permissible under this title, the department
3 or local authority shall determine and declare the maximum
4 speed of vehicles which the structure can safely withstand,
5 and shall cause or permit official traffic-control devices
6 stating the maximum speed to be erected and maintained before
7 each end of the structure.
8 (3) Upon the trial of any person charged with a
9 violation of this subsection, proof of the determination of
10 the maximum speed by the department and the existence of the
11 signs shall constitute conclusive evidence of the maximum
12 speed which can be maintained with safety to the bridge or
13 structure.
14 * * *
15 (c) Hazardous grades.--The department and local authorities
16 on highways under their respective jurisdictions may conduct
17 [traffic and engineering investigations] engineering and traffic
18 studies on grades which are considered hazardous. If the grade
19 is determined to be hazardous, vehicles having a gross weight in
20 excess of a determined safe weight may be further limited as to
21 maximum speed and may be required to stop before proceeding
22 downhill. The restrictions shall be indicated by official
23 traffic-control devices erected and maintained according to
24 regulations established by the department.
25 * * *
26 § 3367. Racing on highways.
27 * * *
28 (b) General rule.--[No person shall drive a vehicle on a <--
29 highway in any race[, speed competition] or [contest,] drag race <--
30 [or acceleration contest, test of physical endurance, exhibition <--
19770H1171B1805 - 82 -
1 of speed or acceleration, or for the purpose of making a speed
2 record, and no person shall] or in any manner participate in any <--
3 such race[, competition, contest, test or exhibition] or drag <--
4 race NO PERSON SHALL, WHILE ON A HIGHWAY, DRIVE A MOTOR VEHICLE <--
5 OR IN ANY OTHER MANNER PARTICIPATE IN ANY RACE, DRAG RACE, SPEED
6 COMPETITION, CONTEST OR EXHIBITION.
7 * * *
8 § 3502. Penalty for violation [of subchapter] involving
9 pedalcycle.
10 Any person [violating any provision of this subchapter]
11 operating a pedalcycle in violation of this title is guilty of a
12 summary offense and shall, upon conviction, be sentenced to pay
13 a fine of $10.
14 § 3504. Riding on pedalcycles.
15 (a) Use of seat by operator.--A person propelling a
16 pedalcycle shall not ride other than upon or astride a permanent
17 and regular seat attached to the pedalcycle.
18 (b) Number of riders.--No pedalcycle shall be used to carry
19 more persons at one time than the number for which the
20 pedalcycle is designed [and] or equipped except that an adult
21 rider may carry a child securely attached to the rider in a back
22 pack or sling.
23 § 3505. Riding on roadways and pedalcycle paths.
24 * * *
25 (e) Limited access highways.--No pedalcycle shall be
26 operated on any limited access highway unless a pedalcycle path
27 has been provided as part of the highway.
28 § 3507. Lamps and other equipment on pedalcycles.
29 (a) Lamps and reflectors.--Every pedalcycle when in use
30 between sunset and sunrise shall be equipped on the front with a
19770H1171B1805 - 83 -
1 lamp which emits a white light visible from a distance of at
2 least 500 feet to the front and with a red reflector on the rear
3 of a type approved by the department which shall be visible from
4 all distances from 100 feet to 600 feet to the rear and with an
5 amber reflector on each side or retroflective tire sidewalls. A
6 lamp emitting a red light visible from a distance of 500 feet to
7 the rear may be used in addition to the red reflector. A lamp
8 worn by the operator of a pedalcycle shall comply with the
9 requirements of this subsection if the lamp can be seen at the
10 distances specified. All lamps and reflectors shall be of a type
11 approved by the department.
12 * * *
13 § 3522. Riding on motorcycles.
14 (a) Use of seat by operator and passengers.--A person
15 operating a motorcycle shall ride only upon the permanent and
16 regular seat attached to the motorcycle, and the operator shall
17 not carry any other person nor shall any other person ride on a
18 motorcycle unless the motorcycle is designed or adapted to carry
19 more than one person, in which event a passenger may ride upon
20 the permanent and regular seat if designed for two persons, or
21 upon another seat firmly attached to the motorcycle at the rear
22 or side of the operator. In no event shall a passenger sit in
23 front of the operator of the motorcycle.
24 * * *
25 § 3525. Protective equipment for motorcycle riders.
26 (a) Protective headgear.--No person holding a learner's
27 permit or a junior driver's license shall operate [or ride upon]
28 a motorcycle [or a motor-driven cycle (]other than a motorized
29 pedalcycle[)] unless he is wearing protective headgear which
30 complies with standards established by the department.
19770H1171B1805 - 84 -
1 * * *
2 § 3706. Riding in house trailers, mobile homes or boats on
3 trailers.
4 (a) General rule.--No person or persons shall occupy a house
5 trailer, recreational trailer, except as authorized in
6 subsection (c), mobile home or boat on a trailer while it is
7 being moved upon a highway.
8 (b) Towing prohibited.--No person shall tow on a highway a
9 house trailer, mobile home or boat on a trailer occupied by a
10 passenger or passengers.
11 (c) Exception for certain semitrailers.--A semitrailer which
12 is attached to a [truck] towing vehicle in an articulating
13 manner by means of a fifth wheel semitrailer coupling device
14 attached to the carrying compartment of the [truck] towing
15 vehicle may be occupied by a passenger or passengers. The
16 coupling device shall have a two-inch or larger kingpin. All
17 windows shall have safety glass. Some means of electrical or
18 electronic communications approved by the department is required
19 between the [cab of the truck] towing vehicle and the
20 semitrailer.
21 § 3709. Depositing waste and other material on highway.
22 (a) General rule.--No person shall throw or deposit upon any
23 highway any waste paper, sweepings, ashes, household waste,
24 glass, metal, refuse or rubbish, or any dangerous or detrimental
25 object or substance.
26 (b) Removal of deposited material.--Any person who [drops]
27 throws or deposits, or permits to be [dropped or] thrown or
28 deposited, upon any highway any waste paper, sweepings, ashes,
29 household waste, glass, metal, refuse or rubbish, or any
30 dangerous or detrimental object or substance shall immediately
19770H1171B1805 - 85 -
1 remove the same or cause it to be removed.
2 (c) Removal of material following accident.--Any person
3 removing a wrecked, damaged or disabled vehicle from a highway
4 shall remove from the highway or neutralize any glass, metal,
5 oil or other [injurious] dangerous or detrimental object or
6 substance resulting from the accident or disablement.
7 (d) Penalty.--Any person violating any of the provisions of
8 subsection (a) or (b) is guilty of a summary offense and shall,
9 upon conviction, be sentenced to pay a fine of not more than
10 $300.
11 § 3711. Unauthorized persons and devices hanging on vehicles.
12 * * *
13 (b) Exceptions.--This section is not applicable to firemen
14 or garbage collectors or operators of fire trucks or garbage
15 trucks or employees of public utility companies acting pursuant
16 to and during the course of their duties or to other persons
17 exempted by the department regulations from the application of
18 this section. This section does not prohibit attaching a trailer
19 or semitrailer to a pedalcycle or riding in or on the bed of a
20 truck as long as no part of any person's body extends beyond the
21 bed of the truck.
22 § 3746. Immediate notice of accident to police department.
23 * * *
24 (c) Investigation by police officer.--Every accident
25 reported to a police department as required in this section
26 shall be investigated by a police officer who shall provide each
27 driver a signed statement that the accident was reported.
28 § 3749. Reports by coroners and medical examiners.
29 * * *
30 (b) Blood and urine samples.--The coroners or medical
19770H1171B1805 - 86 -
1 examiners of each county in this Commonwealth shall take blood
2 or urine samples or both from the bodies of all drivers and of
3 all pedestrians over 15 years of age who die within four hours
4 following an accident and shall, within ten days of the
5 accident, transmit the samples to the [Governor's Council on
6 Drug and Alcohol Abuse] Department of Health. This subsection
7 shall be applicable to all occupants over 15 years of age if the
8 driver of the vehicle cannot be determined.
9 (c) Regulations for testing samples.--The [Governor's
10 Council on Drug and Alcohol Abuse] Department of Health shall
11 establish and promulgate rules and regulations for the testing
12 of the blood and urine samples authorized to be taken from dead
13 bodies under this section.
14 § 3751. Reports by police.
15 * * *
16 (b) Furnishing copies of report.--Police departments shall,
17 upon request, furnish at a [cost] price not to exceed $5 a
18 certified copy of the full report of the police investigation of
19 any vehicle accident to any person involved in the accident, his
20 attorney or insurer, and to the Federal Government, branches of
21 the military service, Commonwealth agencies, and to officials of
22 political subdivisions and to agencies of other states and
23 nations and their political subdivisions. The copy of the report
24 shall not be admissible as evidence in any action for damages or
25 criminal proceedings arising out of a motor vehicle accident.
26 Police departments may refuse to furnish the complete copy of
27 investigation of the vehicle accident whenever there are
28 criminal charges pending against any persons involved in the
29 vehicle accident unless the Pennsylvania Rules of Criminal
30 Procedure require the production of the documents.
19770H1171B1805 - 87 -
1 § 3752. Accident report forms.
2 (a) Form and content.--The department shall prepare and upon
3 request supply to all law enforcement agencies and other
4 appropriate agencies or individuals, forms for written accident
5 reports as required in this subchapter suitable with respect to
6 the persons required to make the reports and the purposes to be
7 served. The written report forms shall call for sufficiently
8 detailed information to disclose with reference to a vehicle
9 accident the cause, conditions then existing and the persons and
10 vehicles involved. Reports [for use by the drivers and owners]
11 shall also [provide for information relating to financial
12 responsibility] indicate whether the vehicle is covered by the
13 insurance required in section 104(a) of the act of July 19, 1974
14 (P.L.489, No.176), known as the "Pennsylvania No-fault Motor
15 Vehicle Insurance Act," and the name of the carrier, if any.
16 (b) [Use] Preparation.--Every accident report required to be
17 made in writing shall be made on the appropriate form approved
18 by the department and shall contain all the information required
19 therein unless not available.
20 § 4103. Promulgation of vehicle equipment standards.
21 (a) General rule.--The department shall promulgate vehicle
22 equipment standards for vehicles, equipment and devices required
23 under this part. To the maximum extent possible, consistent with
24 safety, the standards shall be expressed in terms of minimum
25 acceptable performance levels, measured against objective
26 testing parameters.
27 (b) Applicability of Federal standards.--Federal standards
28 promulgated with respect to the performance of any vehicle or
29 item of equipment shall have the same force and effect as if
30 promulgated by the department under subsection (a) and shall
19770H1171B1805 - 88 -
1 supersede any Commonwealth standard applicable to the same
2 aspect of performance for the vehicle or item of equipment.
3 (c) Incorporation of standards by reference.--Subject to the
4 provisions of subsections (a) and (b), applicable standards or
5 recommended practices issued by the National Highway Traffic
6 Safety Administration, U.S. Department of Transportation[, the
7 Vehicle Equipment Safety Commission, the American National
8 Standards Institute, the Society of Automotive Engineers] or any
9 other generally recognized standards setting body may be adopted
10 by reference, provided that copies of the standards are
11 incorporated in the notice of proposed rule making.
12 (d) Applicability to certain vehicles.--Vehicle equipment
13 standards contained in this part or promulgated by the
14 department under the authority given in this part shall not
15 apply to a motor vehicle registered as an antique or [classic]
16 historic vehicle containing equipment which meets the original
17 manufacturer's specifications.
18 (e) Extension of standards prohibited.--Vehicle equipment
19 standards promulgated by the department shall not be extended to
20 any vehicle which, because of its date of manufacture, is not
21 required by Federal standards to have the equipment.
22 § 4107. Unlawful activities.
23 (a) Violation of vehicle equipment standards.--
24 (1) It is unlawful for any person to sell, offer for
25 sale, lease, install or replace, either separately or as part
26 of the equipment of a vehicle, any item of vehicle equipment
27 affecting the operation of the vehicle which does not comply
28 with this title or regulations promulgated thereunder, or
29 which does not comply with an applicable Federal motor
30 vehicle safety standard [adopted by regulation by the
19770H1171B1805 - 89 -
1 department].
2 (2) Any person convicted of violating this subsection
3 shall be subject to a civil penalty of not more than $100 for
4 each violation. Each violation of the provisions of this
5 subsection shall constitute a separate violation with respect
6 to each motor vehicle or item of motor vehicle equipment or
7 with respect to each failure or refusal to allow or perform
8 an act required thereby, except that the maximum civil
9 penalty shall not exceed $10,000 for any related series of
10 violations.
11 * * *
12 § 4303. General lighting requirements.
13 * * *
14 (c) Turn signals and hazard warning lights.--Every motor
15 vehicle, except motorcycles [and pedalcycles] not required to be
16 so equipped at the time of manufacture, and every trailer
17 operated on a highway shall be equipped with a system of turn
18 signal lights and hazard warning lights in conformance with
19 regulations of the department.
20 * * *
21 § 4305. Vehicular hazard signal lamps.
22 * * *
23 (d) Use at other times prohibited.--Vehicular hazard signal
24 lamps shall not be used except as provided in this section.
25 § 4502. General requirements for braking systems.
26 (a) Parking brakes.--Every motor vehicle [or] , full trailer
27 and combination, except a motorcycle, operated on a highway
28 shall be equipped with a parking brake system adequate to hold
29 the vehicle or combination on any grade on which it is operated,
30 under all conditions of loading, on a surface free of ice or
19770H1171B1805 - 90 -
1 snow. The system shall not be designed to require a continuous
2 or intermittent source of energy for full effectiveness after
3 initial application.
4 (b) Service brakes.--Every vehicle and combination operated
5 on a highway shall be equipped with a service brake system
6 adequate to control the movement of and to stop and hold the
7 vehicle or combination on any grade on which it is operated,
8 under all conditions of loading, and adequate to meet the
9 braking performance standards established by regulation of the
10 department. The provisions of this subsection shall not apply to
11 trailers which have a gross weight not exceeding 1,750 pounds.
12 (c) Breakaway systems.--Every combination operated on a
13 highway, the towed vehicle of which is equipped with brakes or
14 which has a gross weight in excess of [3,000] 1,750 pounds,
15 shall be so equipped that, upon breakaway of the towed vehicle,
16 the towed vehicle shall be stopped and held automatically, and
17 the towing vehicle shall be capable of being stopped and held by
18 use of its own service braking system.
19 (d) Exceptions.--This section does not apply to towed
20 [instruments] implements of husbandry [and], such items or types
21 of special mobile equipment as are specifically exempted from
22 compliance by regulations promulgated by the department or to
23 trailers registered prior to July 1, 1977 or whose
24 manufacturer's statement of origin indicates that the trailer is
25 a 1977 model year.
26 § 4524. Windshield obstructions and wipers.
27 * * *
28 (d) Windshield wiper systems.--The windshield on every motor
29 vehicle other than a motorcycle [or motor-driven cycle] shall be
30 equipped with a wiper system capable of cleaning rain, snow or
19770H1171B1805 - 91 -
1 other moisture from the windshield, and so constructed as to be
2 controlled or operated by the driver of the vehicle.
3 § 4525. TIRE EQUIPMENT AND TRACTION SURFACES. <--
4 (A) GENERAL RULE.--NO VEHICLE SHALL BE OPERATED ON THE
5 HIGHWAY UNLESS THE VEHICLE IS EQUIPPED WITH TIRES OF A TYPE,
6 SIZE AND CONSTRUCTION APPROVED BY THE DEPARTMENT FOR THE VEHICLE
7 AND UNLESS THE TIRES ARE IN A SAFE OPERATING CONDITION AS
8 DETERMINED IN ACCORDANCE WITH REGULATIONS OF THE DEPARTMENT.
9 (B) VEHICLES NOT EQUIPPED WITH PNEUMATIC TIRES.--IT IS
10 UNLAWFUL FOR ANY PERSON TO OPERATE OR MOVE, OR CAUSE OR PERMIT
11 TO BE MOVED, IN CONTACT WITH ANY HIGHWAY ANY VEHICLE EQUIPPED
12 WITH TRACTION OR ROAD CONTACT SURFACES OTHER THAN PNEUMATIC
13 TIRES UNLESS OF A TYPE, SIZE AND CONSTRUCTION PERMITTED BY
14 REGULATIONS OF THE DEPARTMENT AND UNLESS THE MOVEMENT IS MADE
15 UNDER SPECIFIC CONDITIONS ALLOWED BY REGULATIONS OF THE
16 DEPARTMENT.
17 (C) [TIRE] ICE GRIPS AND TIRE STUDS.--[NO VEHICLE HAVING
18 TIRES CONTAINING STUDS SHALL BE DRIVEN ON ANY HIGHWAY.] TIRES IN
19 WHICH ICE GRIPS OR TIRE STUDS OF WEAR RESISTING MATERIAL HAVE
20 BEEN INSTALLED WHICH PROVIDE RESILIENCY UPON CONTACT WITH THE
21 ROAD AND WHICH HAVE PROJECTIONS NOT EXCEEDING TWO THIRTY-SECONDS
22 OF AN INCH BEYOND THE TREAD OF THE TRACTION SURFACE OF THE TIRE
23 SHALL BE PERMITTED BETWEEN NOVEMBER 1 OF EACH YEAR AND APRIL 30
24 OF THE FOLLOWING YEAR. THE GOVERNOR MAY BY EXECUTIVE ORDER
25 EXTEND THE TIME TIRES WITH ICE GRIPS OR TIRE STUDS MAY BE USED
26 WHEN HIGHWAY CONDITIONS ARE SUCH THAT SUCH TIRES WOULD BE A
27 SAFETY FACTOR IN TRAVELING COMMONWEALTH HIGHWAYS. FIREFIGHTING,
28 FIRE EMERGENCY AND POLICE VEHICLES MAY USE TIRES WITH ICE GRIPS
29 OR TIRE STUDS DURING ANY TIME OF THE YEAR. THE USE OF TIRES WITH
30 ICE GRIPS OR TIRE STUDS CONTRARY TO THE PROVISIONS OF THIS
19770H1171B1805 - 92 -
1 SUBSECTION SHALL BE UNLAWFUL.
2 (D) TIRE CHAINS.--TIRES CHAINS MAY BE TEMPORARILY USED ON
3 VEHICLES DURING PERIODS OF SNOW AND ICE EMERGENCY IF THEY ARE IN
4 CONFORMANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT.
5 (E) PENALTY.--
6 (1) ANY PERSON VIOLATING THE PROVISIONS OF SUBSECTION
7 (C) SHALL BE GUILTY OF A SUMMARY OFFENSE AND, UPON CONVICTION
8 THEREOF, SHALL BE SENTENCED TO PAY A FINE AS INDICATED IN
9 PARAGRAPH (2) AND, IN DEFAULT OF PAYMENT THEREOF, SHALL
10 UNDERGO IMPRISONMENT FOR NOT MORE THAN 30 DAYS.
11 (2) FINES FOR VIOLATION OF SUBSECTION (C) SHALL BE
12 DETERMINED FROM THE FOLLOWING CHART BASED ON THE PERIOD OF
13 UNAUTHORIZED USE:
14 MAY 1 TO MAY 31 $35
15 JUNE 1 TO JUNE 30 45
16 JULY 1 TO JULY 31 55
17 AUGUST 1 TO AUGUST 31 55
18 SEPTEMBER 1 TO SEPTEMBER 30 55
19 OCTOBER 1 TO OCTOBER 31 55
20 NOVEMBER 1 TO APRIL 30 10
21 § 4552. General requirements for school buses.
22 * * *
23 (e) Visibility.--Every school bus shall be designed and
24 equipped with mirrors so as to provide the driver with an
25 unobstructed view of any pedestrian in proximity to the vehicle.
26 * * *
27 (i) Vehicles no longer used as school buses.--Labels,
28 markings and visual signals required by this section must be
29 removed from any motor vehicles no longer in use as a school
30 bus.
19770H1171B1805 - 93 -
1 § 4553. General requirements for other vehicles transporting
2 school children.
3 * * *
4 (b) Other vehicles.--A motor vehicle other than a school bus
5 used to transport children to or from school or in connection
6 with school activities[, which is not a school bus because of
7 its limited seating capacity,] shall comply with regulations
8 established by the department for such vehicles. Unless required
9 by Federal law or regulation, the regulations established by the
10 department shall not require vehicles which pick up and
11 discharge school children only at locations off the highway to
12 be of any particular color or to display flashing red and amber
13 lights.
14 § 4571. Visual and audible signals on emergency vehicles.
15 (a) General rule.--Every emergency vehicle shall be equipped
16 with one or more revolving or flashing red lights and an audible
17 warning system.
18 (b) Police and fire vehicles.--
19 (1) Police vehicles may in addition to the requirements
20 of subsection (a) be equipped with revolving or flashing blue
21 lights. The combination of red and blue lights may be used
22 only on police vehicles.
23 (2) Spotlights with adjustable sockets may be attached
24 to or mounted on police vehicles.
25 (3) Unmarked police vehicles, used as emergency vehicles
26 and equipped with audible warning systems, may be equipped
27 with the lights described in this section.
28 (4) Police and fire vehicles may be equipped with a
29 mounted rack containing one or more emergency warning lights
30 or side mounted [adjustable] floodlights[, or both] OR ALLEY <--
19770H1171B1805 - 94 -
1 LIGHTS OR ALL SUCH LIGHTS.
2 (c) Fish and Game Commission vehicles.--Vehicles owned and <--
3 operated by the Pennsylvania Fish Commission and the <--
4 Pennsylvania Game Commission may be equipped with revolving or
5 flashing red lights in accordance with subsection (a).
6 (d) Vehicles prohibited from using signals.--Except as
7 otherwise specifically provided in this part, no vehicle other
8 than an emergency vehicle may be equipped with lights or audible
9 warning systems identical or similar to those specified in
10 subsections (a) and (b).
11 (e) Authorized period of use.--The lights and warning
12 systems specified by this section may be used only during an
13 emergency or in the interest of public safety and by police
14 officers in enforcement of the law.
15 (f) Conformity with department regulations.--All equipment
16 authorized or required by this section shall conform to
17 department regulations.
18 § 4702. [Requirement for periodic] Periodic inspection
19 of vehicles.
20 (a) General rule.--The department shall establish a system
21 of semiannual inspection of vehicles. [registered in this
22 Commonwealth.
23 (b) Annual inspection of certain vehicles.--Recreational
24 trailers, vehicles registered as antique and classic vehicles,
25 firefighting vehicles and motorcycles shall be subject to annual
26 inspection.]
27 (b) Exemptions.--The following types of vehicles shall NOT <--
28 be subject to annual SEMIANNUAL inspection: <--
29 (1) Recreational trailers TRAILERS having a registered <--
30 gross weight in excess of 1,750 pounds OF 3,000 POUNDS OR <--
19770H1171B1805 - 95 -
1 LESS.
2 (2) Vehicles registered as antique and historic
3 vehicles.
4 (3) Firefighting vehicles.
5 (4) Motorcycles.
6 (5) MOTOR HOMES. <--
7 (c) [Inspection of vehicles reentering this Commonwealth.--
8 Owners of Pennsylvania registered vehicles which have been
9 outside of this Commonwealth continuously for 30 days or more
10 and which at the time of reentering this Commonwealth do not
11 bear a currently valid certificate of inspection and approval
12 shall, within five days of reentering this Commonwealth, proceed
13 to an official inspection station for an inspection of the
14 vehicle.
15 (d)] Extension of inspection period.--The department may, by
16 regulation, extend the time for any of the inspections required
17 by this chapter for not more than 30 days due to weather
18 conditions or other causes which render compliance with the
19 provisions of this chapter within the prescribed time difficult
20 or impossible.
21 § 4703. Operation of vehicle without official certificate of
22 inspection.
23 (a) General rule.--No [registered] motor vehicle required to
24 be registered in this Commonwealth shall be driven and no
25 [registered] trailer required to be registered in this
26 Commonwealth shall be moved on a highway unless the vehicle
27 displays a currently valid certificate of inspection [and
28 approval].
29 (b) Exceptions.--Subsection (a) does not apply to:
30 (1) Special mobile equipment.
19770H1171B1805 - 96 -
1 (2) Implements of husbandry.
2 (3) Motor vehicles being towed.
3 (4) Motor vehicles being operated or trailers being
4 towed by an official inspection station owner or employee for
5 the purpose of inspection.
6 (5) Trailers having a registered gross weight of 1,750 <--
7 3,000 pounds or less.
8 (6) Motorized pedalcycles.
9 (c) Inspection of vehicles reentering this Commonwealth.--
10 Vehicles subject to inspection which have been outside this
11 Commonwealth continuously for 30 days or more and which, at the
12 time of reentering this Commonwealth, do not bear a currently
13 valid certificate of inspection shall be inspected within five
14 days of reentering this Commonwealth.
15 (d) Dealer-owned vehicles.--Vehicles bearing dealer
16 registration plates shall be inspected within five days of
17 purchase or entry into this Commonwealth, whichever occurs
18 later.
19 (e) Limitation on prosecution.--A motor vehicle shall be the
20 subject of only one arrest under subsection (a) in any 24-hour
21 period.
22 [(c)] (f) Display of unauthorized certificate of
23 inspection.--No certificate of inspection [and approval] shall
24 be displayed unless an official inspection has been made and the
25 vehicle is in conformance with the provisions of this chapter.
26 [(d)] (g) Authority of police.--Any police officer may stop
27 any motor vehicle or trailer and require the owner or operator
28 to display an official certificate of inspection [and approval]
29 for the vehicle being operated. A police officer may summarily
30 remove an unlawfully issued certificate of inspection from any
19770H1171B1805 - 97 -
1 vehicle.
2 § 4704. Notice by police officers of violation.
3 (a) General rule.--Any police officer having probable cause
4 to believe that any vehicle, regardless of whether it is being
5 operated, is unsafe or not equipped as required by law may at
6 any time submit a written notice of the condition to the driver
7 of the vehicle or to the owner, or if neither is present, to an
8 adult occupant of the vehicle, or if the vehicle is unoccupied,
9 the notice shall be attached to the vehicle in a conspicuous
10 place.
11 (1) If an item of equipment is broken or missing, the
12 notice shall specify the particulars of the condition and
13 require that the equipment be adjusted or repaired. Within
14 five days evidence must be submitted to the police that the
15 requirements for repair have been satisfied.
16 (2) If the police officer has probable cause to believe
17 that a vehicle is unsafe or not in proper repair, he may
18 require in the written notice that the [car] vehicle be
19 inspected. The owner or driver shall submit to the police
20 within five days of the date of notification certification
21 from an official inspection station that the vehicle has been
22 restored to safe operating condition in relation to the
23 particulars specified on the notice.
24 (3) After the expiration of the five-day period
25 specified in paragraphs (1) and (2), the vehicle shall not be
26 operated upon the highways of this Commonwealth until the
27 owner or driver has submitted to the police evidence of
28 compliance with the requirements of paragraph (1) or (2),
29 whichever is applicable.
30 * * *
19770H1171B1805 - 98 -
1 § 4721. APPOINTMENT OF OFFICIAL INSPECTION STATIONS. <--
2 (A) GENERAL RULE.--FOR THE PURPOSE OF ESTABLISHING A SYSTEM
3 OF OFFICIAL INSPECTION STATIONS, THE DEPARTMENT SHALL ISSUE
4 CERTIFICATES OF APPOINTMENT TO PRIVATELY OWNED FACILITIES WITHIN
5 THIS COMMONWEALTH THAT COMPLY WITH THE REQUIREMENTS OF THIS
6 CHAPTER AND REGULATIONS ADOPTED BY THE DEPARTMENT. THE
7 DEPARTMENT SHALL ISSUE INSTRUCTIONS AND ALL NECESSARY FORMS TO
8 SUCH FACILITIES. OFFICIAL INSPECTION STATIONS ARE AUTHORIZED TO
9 INSPECT VEHICLES AND ISSUE OFFICIAL CERTIFICATES OF INSPECTION.
10 (B) STATIONS LIMITED TO TRAILER INSPECTIONS.--FOR THE
11 PURPOSE OF AUTHORIZING OFFICIAL INSPECTION STATIONS LIMITED TO
12 THE INSPECTION OF TRAILERS AND RECREATIONAL TRAILERS NOT
13 EXCEEDING A GROSS WEIGHT OF 10,000 POUNDS, THE DEPARTMENT SHALL
14 ISSUE CERTIFICATES OF APPOINTMENT TO PRIVATELY OWNED FACILITIES
15 WITHIN THIS COMMONWEALTH THAT COMPLY WITH THE REQUIREMENTS OF
16 THIS CHAPTER AND REGULATIONS ADOPTED BY THE DEPARTMENT. THE
17 DEPARTMENT SHALL ISSUE INSTRUCTIONS AND ALL NECESSARY FORMS TO
18 SUCH FACILITIES. THE STATIONS ARE AUTHORIZED TO INSPECT ONLY
19 TRAILERS AND RECREATIONAL TRAILERS NOT EXCEEDING A GROSS WEIGHT
20 OF 10,000 POUNDS AND ISSUE OFFICIAL CERTIFICATES OF INSPECTION.
21 § 4723. CERTIFICATE OF APPOINTMENT FOR INSPECTING FLEET
22 VEHICLES.
23 (A) GENERAL RULE.--THE DEPARTMENT MAY ISSUE A CERTIFICATE OF
24 APPOINTMENT UNDER THE PROVISIONS OF THIS CHAPTER TO ANY PERSON
25 WHO OWNS OR LEASES 15 OR MORE VEHICLES AND WHO MEETS THE
26 REQUIREMENTS OF THIS CHAPTER AND REGULATIONS ADOPTED BY THE
27 DEPARTMENT. THE CERTIFICATE OF APPOINTMENT MAY AUTHORIZE
28 INSPECTION OF ONLY THOSE VEHICLES OWNED OR LEASED BY SUCH
29 PERSON.
30 (B) PLACE OF INSPECTION.--THE INSPECTION OF FLEET VEHICLES
19770H1171B1805 - 99 -
1 MAY BE MADE AT ANY LOCATION WITHIN THIS COMMONWEALTH BY PERSONS
2 HOLDING A CERTIFICATE OF APPOINTMENT UNDER THIS SECTION. THE
3 INSPECTION SHALL BE PERFORMED INDOORS, WITHIN AN ENCLOSURE OR
4 UNDER COVER.
5 § 4726. CERTIFICATION OF MECHANICS.
6 NO MECHANIC SHALL CONDUCT MOTOR VEHICLE INSPECTIONS AT AN
7 OFFICIAL INSPECTION STATION UNLESS CERTIFIED AS TO TRAINING,
8 QUALIFICATIONS AND COMPETENCE BY THE DEPARTMENT ACCORDING TO
9 DEPARTMENT REGULATIONS: PROVIDED, HOWEVER, THAT A PERSON WHO IS
10 IN POSSESSION OF A VALID MOTOR VEHICLE DRIVER'S LICENSE, OTHER
11 THAN A MOTORCYCLE DRIVER'S LICENSE, SHALL NOT BE REQUIRED TO
12 HAVE A SCHOOL BUS DRIVER'S LICENSE AS A PREREQUISITE TO BEING
13 CERTIFIED TO INSPECT SCHOOL BUSES. THE PROVISIONS OF THIS TITLE
14 OR REGULATIONS ADOPTED THEREUNDER SHALL NOT BE CONSTRUED OR
15 APPLIED IN A MANNER WHICH WOULD PRECLUDE OR IMPAIR THE RIGHT OF
16 A PERSON WHO IS A RESIDENT OF ANOTHER STATE, AND WHO IS IN
17 POSSESSION OF A VALID DRIVER'S LICENSE ISSUED BY SUCH STATE, TO
18 BE CERTIFIED TO CONDUCT MOTOR VEHICLE INSPECTIONS AT AN OFFICIAL
19 INSPECTION STATION IN THIS COMMONWEALTH. NO OFFICIAL INSPECTION
20 STATION APPOINTMENT SHALL BE ISSUED OR RENEWED UNLESS A
21 CERTIFIED OFFICIAL INSPECTION MECHANIC IS THERE EMPLOYED.
22 § 4727. Issuance of certificate of inspection.
23 (a) Requirements prior to inspection.--No vehicle except a
24 dealer-owned vehicle shall be inspected unless it is duly
25 registered. The owner or operator or an employee of the official
26 inspection station shall examine the registration card in order
27 to ascertain that the vehicle is registered.
28 * * *
29 § 4728. DISPLAY OF CERTIFICATE OF INSPECTION. <--
30 THE APPROPRIATE CERTIFICATE OF INSPECTION SHALL BE AFFIXED TO
19770H1171B1805 - 100 -
1 THE VEHICLE AS SPECIFIED IN REGULATIONS ADOPTED BY THE
2 DEPARTMENT. THE FEE FOR THE CERTIFICATE OF INSPECTION SHALL BE
3 PROMINENTLY PRINTED ON EACH CERTIFICATE.
4 § 4729. Removal of certificate of inspection.
5 No certificate of inspection shall be removed from a vehicle
6 for which the certificate was issued except to replace it with a
7 new certificate of inspection issued in accordance with the
8 provisions of this chapter or as follows:
9 (1) The police officer may remove a certificate of
10 inspection in accordance with the provisions of section
11 4703(d) (relating to operation of vehicle without official
12 certificate of inspection).
13 (2) A person replacing a windshield or repairing a
14 windshield in such a manner as to require removal of a
15 certificate of inspection shall at the option of the
16 registrant of the vehicle cut out the portion of the
17 windshield containing the certificate and deliver it to the
18 registrant of the vehicle or destroy the certificate. The
19 vehicle may be driven for up to five days if it displays the
20 portion of the old windshield containing the certificate as
21 prescribed in department regulations. Within the five day
22 period an official inspection station may affix to the
23 vehicle another certificate of inspection for the same
24 inspection period without reinspecting the vehicle in
25 exchange for the portion of the old windshield containing the
26 certificate of inspection. A fee of no more than $1 may be
27 charged for the exchanged certificate of inspection.
28 (3) [A salvor] Every applicant for a certificate of junk
29 pursuant to section 1117(a) (relating to vehicle destroyed or
30 junked) shall remove and destroy the certificate of
19770H1171B1805 - 101 -
1 inspection on [every vehicle in his possession except
2 vehicles used in the operation of the business of the salvor]
3 the vehicle.
4 § 4902. Restrictions on use of highways and bridges.
5 * * *
6 (d) Erection of signs.--The department and the local
7 authorities shall erect or cause to be erected and maintained
8 signs designating the restrictions at each end of that portion
9 of any highway or bridge restricted as provided in subsections
10 (a) and (c) and at the nearest intersection in each direction of
11 the restricted highway or of the highway leading to the
12 restricted bridge with the highway on which the restricted
13 vehicles may be operated. The restrictions shall not be
14 effective unless signs are erected and maintained in accordance
15 with this subsection.
16 (e) Penalty.--
17 (1) Any person operating a vehicle or combination upon a
18 highway or bridge in violation of a prohibition or
19 restriction imposed under subsection (a) is guilty of a
20 summary offense and shall, upon conviction, be sentenced to
21 pay a fine of $75. In addition, any person operating a
22 vehicle with a gross weight in excess of the posted weight
23 shall be sentenced to pay a fine of $75 for each 500 pounds,
24 or part thereof, in excess of 3,000 pounds over the maximum
25 allowable weight.
26 (2) Any person operating a vehicle or combination in
27 violation of a prohibition or restriction imposed under
28 subsection (c) is guilty of a summary offense and shall, upon
29 conviction, be sentenced to pay a fine of not less than $25
30 but not more than $100.
19770H1171B1805 - 102 -
1 § 4903. Securing loads in vehicles.
2 * * *
3 (c) Load of logs.--Every load of logs on a vehicle shall be
4 securely fastened with at least three binders, chains or straps
5 and, in the case of an open-body or stake-body vehicle, trailer
6 or semitrailer there shall be a sufficient number of vertical
7 metal stakes or posts securely attached [on each side of] to the
8 vehicle, trailer or semitrailer at least as high as the top of
9 the load to secure such load in the event of a failure of the
10 binders, chains or straps.
11 * * *
12 § 4904. Limits on number of towed vehicles.
13 * * *
14 (c) Towing vehicles requiring service.--
15 (1) A dolly not exceeding ten feet in length may be
16 towed by a motor vehicle for the purpose of towing another
17 vehicle requiring service.
18 (2) A combination requiring emergency service may be
19 towed to a nearby garage or other place of safety.
20 * * *
21 § 4921. Width of vehicles.
22 (a) General rule.--The total outside width of a vehicle,
23 including any load, shall not exceed eight feet except as
24 otherwise provided in this section.
25 (b) Farm vehicles.--[Any implement of husbandry or vehicle <--
26 loaded with vegetable produce or forage crops and not exceeding
27 ten feet in width may [ operate] be operated or towed between <--
28 sunrise and sunset on highways other than freeways.] <--
29 (1) ANY IMPLEMENT OF HUSBANDRY OR VEHICLE LOADED WITH <--
30 VEGETABLE PRODUCE OR FORAGE CROPS AND NOT EXCEEDING TEN FEET
19770H1171B1805 - 103 -
1 IN WIDTH MAY BE OPERATED, HAULED OR TOWED BETWEEN SUNRISE AND
2 SUNSET ON HIGHWAYS OTHER THAN FREEWAYS.
3 (2) ANY IMPLEMENT OF HUSBANDRY NOT EXCEEDING 14 FEET 6
4 INCHES IN WIDTH MAY BE HAULED OR TOWED BETWEEN SUNRISE AND
5 SUNSET ON HIGHWAYS OTHER THAN FREEWAYS BETWEEN:
6 (I) PARTS OF ONE FARM OWNED OR OPERATED BY THE OWNER
7 OF THE IMPLEMENT OF HUSBANDRY.
8 (II) FARMS OWNED OR OPERATED BY THE OWNER OF THE
9 IMPLEMENT OF HUSBANDRY LOCATED NOT MORE THAN 25 MILES
10 APART.
11 (III) A FARM OR FARMS OWNED OR OPERATED BY THE OWNER
12 OF THE IMPLEMENT OF HUSBANDRY AND A MECHANIC OR DEALER IN
13 IMPLEMENTS OF HUSBANDRY LOCATED WITHIN A RADIUS OF 25
14 MILES FROM THE FARM OR FARMS FOR THE PURPOSE OF BUYING,
15 SELLING, TRADING, LENDING, DEMONSTRATING, REPAIRING OR
16 SERVICING OF THE VEHICLE.
17 (3) THE DRIVER SHALL DRIVE AS CLOSE TO THE RIGHT SIDE OF
18 THE HIGHWAY AS POSSIBLE.
19 (c) Buses.--Any bus [operated wholly within a municipality,
20 where permitted by the municipality; or in more than one
21 municipality, where approved by the Public Utility Commission]
22 may have a total outside width not to exceed eight feet six
23 inches when operated upon a highway having traffic-lane widths
24 of not less than ten feet.
25 (d) Nondivisible loads.--Vehicles carrying nondivisible
26 loads not exceeding eight feet six inches in width may operate
27 on any highway having a roadway width of 20 feet or more. This
28 subsection does not apply on the National System of Interstate
29 and Defense Highways.
30 (e) Mirrors and sunshades.--Mirrors and sunshades may extend
19770H1171B1805 - 104 -
1 beyond the maximum width of a vehicle as follows:
2 (1) Mirrors may extend on each side a maximum of six
3 inches beyond the width of the vehicle, trailer or load,
4 [whichever is greater.] or, in the case of a truck or truck
5 tractor, beyond the maximum allowable width, whichever is
6 greater.
7 (2) Sunshades may extend a maximum of six inches on each
8 side of the vehicle.
9 (f) Tires.--Tires of a truck, truck tractor or trailer may
10 extend on each side a maximum of six inches beyond the width of
11 the load, or, in the case of a truck or truck tractor, beyond
12 the maximum allowable width, whichever is greater.
13 [(f)] (g) Exceptions.--The provisions of this subchapter
14 governing the width of vehicles do not apply to street sweepers
15 and snow removal equipment.
16 § 4924. Limitations on length of projecting loads.
17 (a) General rule.--Subject to the provisions of this
18 subchapter limiting the length of vehicles and loads, the load
19 upon any vehicle operated alone or the load upon the front
20 vehicle of a combination [of vehicles] shall not extend more
21 than three feet beyond the foremost part of the vehicle, and the
22 load upon any vehicle operated alone or the load, other than a
23 nondivisible load, upon the rear vehicle of a combination shall
24 not extend more than six feet beyond the rear of the bed or body
25 of such vehicle.
26 * * *
27 § 4942. Registered gross weight.
28 * * *
29 (d) Reciprocal enforcement.--The registered gross weight of
30 a vehicle registered in another state may be enforced under this
19770H1171B1805 - 105 -
1 section pursuant to the terms of a reciprocity agreement with
2 the state in which the vehicle is registered.
3 § 4943. Maximum axle weight of vehicles.
4 * * *
5 (b) Location of front axle of semitrailer.--No semitrailer,
6 originally in this Commonwealth on or after September 1, [1973]
7 1963, and having two or more axles, shall be operated upon a
8 highway unless the foremost axle of the semitrailer is at least
9 12 feet from the rearmost axle of the towing vehicle.
10 § 4944. Maximum wheel load.
11 No motor vehicle or combination shall, when operated upon a
12 highway, have a weight upon any one wheel in excess of 800
13 pounds for each nominal inch of width of tire on the wheel.
14 § 4946. Impoundment of vehicles for nonpayment of overweight
15 fines.
16 (a) General rule.--Upon imposition of any fine and costs of
17 prosecution imposed pursuant to section 4945 (relating to
18 penalties for exceeding maximum weights), the driver shall be
19 allowed 24 hours to obtain the funds and pay the fine and costs
20 of prosecution, during which time the vehicle or combination
21 shall be rendered temporarily inoperative by such police
22 officer, sheriff or constable as the issuing authority shall
23 designate. On default of payment within the 24-hour period, the
24 issuing authority shall impound the vehicle or combination and
25 order a police officer to seize them.
26 * * *
27 § 4962. Conditions of permits and security for damages.
28 * * *
29 (b) [Display of permit] Driver to exhibit permit.--Every
30 permit shall be carried in the towing vehicle and shall be [open
19770H1171B1805 - 106 -
1 to inspection by] exhibited to any police officer or authorized
2 agent of the issuing agency or any person having an accident
3 involving a permitted vehicle or combination.
4 * * *
5 (d) Special escort services.--The department or local
6 authorities shall specify [what] which movements require special
7 escort services of [the Pennsylvania State Police] police or
8 department personnel.
9 * * *
10 § 4965. Single permits for multiple highway crossings.
11 (a) General rule.--A single permit may be issued for [a
12 number of] movements across the highway at specified locations
13 within a fixed period of time [of vehicles or combinations]:
14 (1) of vehicles, combinations or loads thereon exceeding
15 the maximum size or weight specified in this chapter; or
16 (2) of unregistered vehicles or combinations used to
17 cross a highway to get from one commercial industrial
18 facility to another commercial industrial facility under the
19 same operation.
20 (b) Unlawful to move along highway.--Whenever a permit is
21 issued for crossing the highway, it is unlawful to move the
22 vehicles along the highway.
23 § 4966. PERMIT FOR MOVEMENT OF QUARRY OR MINING EQUIPMENT. <--
24 AN ANNUAL PERMIT MAY BE ISSUED FOR THE MOVEMENT OF A PIECE OF
25 QUARRY OR MINING EQUIPMENT OR MACHINERY EXCEEDING THE MAXIMUM
26 SIZE OR WEIGHT SPECIFIED IN THIS CHAPTER ACROSS ANY HIGHWAY FROM
27 ONE PART OF A QUARRY OR MINE TO ANOTHER, OR UPON THE HIGHWAYS
28 CONNECTING BY THE MOST DIRECT ROUTE ANY QUARRIES OR PORTIONS OF
29 QUARRIES, OR MINES OR PORTIONS OF MINES, UNDER SINGLE OWNERSHIP <--
30 OR OPERATION, BUT NO PERMIT SHALL BE ISSUED FOR THE MOVEMENT OF
19770H1171B1805 - 107 -
1 EQUIPMENT OR MACHINERY FOR A DISTANCE GREATER THAN [ONE-HALF
2 MILE] FIVE MILES.
3 § 4967. PERMIT FOR MOVEMENT OF IMPLEMENTS OF HUSBANDRY. <--
4 AN ANNUAL PERMIT MAY BE ISSUED FOR THE OPERATION OR MOVEMENT
5 BETWEEN SUNRISE AND SUNSET OF ONE OR MORE OVERSIZED SELF-
6 PROPELLED IMPLEMENTS OF HUSBANDRY WHICH DO NOT EXCEED 14 FEET 6
7 INCHES IN WIDTH IF THE MOVEMENT IS LIMITED TO A RADIUS OF 25
8 MILES FROM THE DEALER'S PLACE OF BUSINESS OR OWNER'S HOME OR
9 FARM. NO PERMIT SHALL BE ISSUED FOR THE MOVEMENT OF ANY
10 IMPLEMENT OF HUSBANDRY WITH A WIDTH IN EXCESS OF EIGHT FEET UPON
11 A FREEWAY.
12 § 4981. Weighing and measurement of vehicles.
13 (a) Authority of police officer.--Any police officer is
14 authorized to require the driver of any vehicle or combination
15 to stop and submit the vehicle or combination to be measured and
16 weighed. Weighing may be done by using either portable or
17 stationary scales. The [measurement and] weighing shall be
18 conducted by qualified personnel who have been trained in the
19 use of weighing [and measuring] equipment in a training program
20 approved by the Department of Agriculture. A police officer may
21 require that a vehicle or combination be driven to the nearest
22 stationary scales if the scales are within two miles.
23 * * *
24 (c) Weighing of wheels or axles.--If a vehicle is weighed in
25 multiple drafts, or if only a single wheel or axle or pair of
26 axles is weighed, a tolerance of [1%] 3% shall be allowed.
27 (d) Reweighing at request of driver or owner.--Whenever
28 scales operated by other than the department or a public
29 weighmaster certified by the Department of Agriculture indicate
30 that a vehicle, wheel, axle or pair of axles is overweight, the
19770H1171B1805 - 108 -
1 driver or owner may elect to have the vehicle reweighed on the
2 nearest available [official] certified stationary scales [which
3 have been sealed by the Department of Agriculture] of a public
4 weighmaster. The lower reading of the two scales shall determine
5 whether charges shall be filed under this section.
6 § 4982. Reducing or readjusting loads of vehicles.
7 (a) Violation of weight limitations.--If the gross weight or
8 the weight upon any wheel, tire, axle or group of axles of a
9 vehicle or combination exceeds the maximum allowed, the driver
10 shall reduce or readjust the load so that the gross weight and
11 the weight upon each wheel, tire, axle or group of axles will
12 not exceed the maximum weights permitted under this chapter.
13 (b) Violation of size limitations.--If the load upon any
14 vehicle or combination is such that the size limitations of this
15 chapter are exceeded, the driver shall reduce or reposition the
16 load so that it does not exceed the size limitations.
17 [(c) Load adjustment to avoid prosecution.--If the gross
18 weight of the vehicle or combination does not exceed the maximum
19 allowable gross weight and the weight upon any axle or group of
20 axles is not more than 3% in excess of the maximum allowable
21 axle weight, the operator shall be allowed four hours to adjust
22 the position of the load so that the weight upon all wheels,
23 tires, axles and groups of axles does not exceed the maximum
24 allowable weights. If the load is so rearranged no arrest shall
25 be made or prosecution brought for violation of Subchapter C
26 (relating to maximum weights of vehicles).]
27 [(d)] (c) Load incapable of reduction.--If the load on any
28 vehicle or combination is such that it is incapable of reduction
29 or dismemberment and is otherwise eligible to move under permit
30 as provided in Subchapter D (relating to special permits for
19770H1171B1805 - 109 -
1 excessive size and weight), a valid permit shall be obtained
2 before any further movement of a vehicle or combination in
3 violation of the limitations of this chapter.
4 [(e)] (d) Responsibility of owner or driver.--All material
5 unloaded and any vehicle or combination parked awaiting a permit
6 shall be cared for by the owner or driver at the risk of the
7 owner or driver.
8 § 6104. Administrative duties of department.
9 (a) Forms.--The department shall prescribe and provide
10 suitable forms of applications, certificates of title,
11 registration cards, drivers' licenses and all other forms
12 requisite or deemed necessary to carry out the provisions of
13 this title, except Chapter 77 (relating to snowmobiles), and any
14 other laws the administration of which is vested in the
15 department.
16 * * *
17 § 6105. Department to prescribe [traffic and] engineering
18 [investigations] and traffic studies.
19 The department may establish by regulation the manner in
20 which [traffic and] engineering [investigations] and traffic
21 studies shall be carried out. The department may specify
22 particular actions which require [traffic and] engineering
23 [investigations] and traffic studies. No action shall become
24 effective until the [investigation] study has been properly
25 completed.
26 § 6109. Specify powers of department and local authorities.
27 (a) Enumeration of police powers.--The provisions of this
28 title shall not be deemed to prevent the department on State-
29 designated highways and local authorities on streets or highways
30 within their physical boundaries from the reasonable exercise of
19770H1171B1805 - 110 -
1 their police powers. The following are presumed to be reasonable
2 exercises of police power:
3 (1) Regulating or prohibiting stopping, standing or
4 parking.
5 (2) Regulating traffic by means of police officers or
6 official traffic-control devices.
7 (3) Regulating or prohibiting processions or assemblages
8 on highways.
9 (4) Designating particular highways or roadways for use
10 by traffic moving in one direction as authorized in section
11 3308 (relating to one-way roadways and rotary traffic
12 islands).
13 (5) Establishing speed limits for vehicles in public
14 parks.
15 (6) Designating any highway as a through highway or
16 designating any intersection or junction of roadways as a
17 stop or yield intersection or junction.
18 (7) Prohibiting or restricting the use of highways at
19 particular places or by particular classes of vehicles
20 whenever the highway or portion of the highway may be
21 seriously damaged by the use or the movement of the vehicles
22 would constitute a safety hazard.
23 (8) Regulating the operation of pedalcycles and
24 requiring their registration and inspection, and the payment
25 of a reasonable registration fee.
26 (9) Regulating or prohibiting the turning of vehicles or
27 specified types of vehicles as authorized in section 3331
28 (relating to required position and method of turning).
29 (10) Altering or establishing speed limits as authorized
30 in Subchapter F of Chapter 33 (relating to speed
19770H1171B1805 - 111 -
1 restrictions).
2 (11) Enforcement of speed restrictions authorized under
3 Subchapter F of Chapter 33, except that speed restrictions
4 may be enforced by local police on a limited access [or
5 divided] highway only if it is patrolled by the local police
6 force under the terms of an agreement with the Pennsylvania
7 State Police.
8 (12) Designating no-passing zones as authorized in
9 section 3307 (relating to no-passing zones).
10 (13) Prohibiting or regulating the use of designated
11 streets by any class or kind of traffic.
12 (14) Establishing minimum speed limits as authorized in
13 section 3364 (relating to minimum speed regulation).
14 (15) Regulating and temporarily prohibiting traffic on
15 streets closed or restricted for construction, maintenance or
16 special events.
17 (16) Prohibiting pedestrians from crossing a roadway in
18 a business district or any designated highway except in a
19 crosswalk.
20 (17) Restricting pedestrian crossings at unmarked
21 crosswalks.
22 (18) Regulating persons propelling push carts.
23 (19) Regulating persons upon skates, coasters, sleds and
24 other toy vehicles.
25 (20) Adopting and enforcing such temporary or
26 experimental regulations as may be necessary to cover
27 emergencies or special conditions.
28 (21) Regulating the operation of streetcars, the passing
29 of streetcars by other vehicles and the driving upon
30 streetcar tracks by other vehicles.
19770H1171B1805 - 112 -
1 (22) Providing for and establishing procedures governing
2 the removal and impounding of any vehicle parked on the
3 highways or public property of the local authority in
4 violation of any local ordinance adopted pursuant to the
5 authority of this title or of any of the provisions of this
6 title.
7 (23) Adopting such other traffic regulations as are
8 specifically authorized by this title.
9 * * *
10 (e) Engineering and traffic [investigation] study
11 required.--Action by local authorities under this section shall
12 be taken only after completing an engineering and traffic
13 [investigation] study when and in such manner as required by
14 regulations promulgated by the department.
15 § 6112. [Removal of traffic] Traffic hazards by property owner.
16 (a) General rule.--No person shall plant or place any tree,
17 plant, shrub or other obstruction which, by obstructing the view
18 of any driver or in any other manner, constitutes a traffic
19 hazard.
20 [(a) General rule] (b) Removal of hazard.--It is the duty
21 of the owner of real property to remove from the property any
22 tree, plant, shrub or other [similar] obstruction, or part
23 thereof, which, by obstructing the view of any driver or in any
24 other manner, constitutes a traffic hazard.
25 [(b)] (c) Notice of hazard.--When the department or any
26 local authority determines on the basis of an engineering and
27 traffic [investigation] study that a traffic hazard exists, it
28 shall [notify], by certified mail, order the owner [and order]
29 to remove the hazard [removed] within ten days.
30 [(c)] (d) Penalty.--The failure of the owner to remove the
19770H1171B1805 - 113 -
1 traffic hazard within ten days after notice under subsection
2 [(b)] (c) is a summary offense and every day the owner fails to
3 remove it shall be a separate and distinct offense. The offense
4 is punishable by a fine of $10.
5 § 6122. Authority to erect traffic-control devices.
6 (a) General rule.--The department on State-designated
7 highways and local authorities on any highway within their
8 boundaries may erect official traffic-control devices, which
9 shall be installed and maintained in conformance with the manual
10 and regulations published by the department upon all highways as
11 required to carry out the provisions of this title or to
12 regulate, restrict, direct, warn, prohibit or guide traffic.
13 (1) Local authorities shall obtain approval of the
14 department prior to erecting an official traffic-control
15 device on a State-designated highway except where department
16 regulations provide otherwise.
17 (2) Local authorities shall obtain approval of the
18 department prior to erecting any traffic-control signal
19 except in a municipality with a traffic engineer qualified in
20 accordance with department regulations.
21 * * *
22 (e) Costs.--The cost of erection of traffic-control signals
23 located on State-designated highways shall be borne by the
24 Commonwealth. At intersections of State-designated highways and
25 local roads, such costs shall be borne by the Commonwealth and
26 the local authorities having jurisdiction over the local road,
27 each paying one-half of such costs, but local authorities may,
28 at their option, pay more than their half of the costs in such
29 cases. ALL MAINTENANCE COSTS FOR SAID TRAFFIC-CONTROL SIGNALS <--
30 SHALL BE BORNE BY THE LOCAL AUTHORITIES.
19770H1171B1805 - 114 -
1 § 6301. Prosecutions under local ordinances superseded by
2 title.
3 [When] Except for parking violations, when the same conduct
4 is [prescribed] proscribed under this title and a local
5 ordinance, the charge shall be brought under this title and not
6 under the local ordinance. Prosecutions brought under any local
7 ordinance, rule or regulation, which are based on a violation
8 for which there is a specific penalty provided in this title,
9 except for [overtime] parking violations, shall be deemed as
10 having been brought under this title and the assessment
11 disposition of the fines and forfeitures shall be so governed.
12 Local ordinances [regulating overtime] relating to parking shall
13 prescribe fines for violations and may authorize the payment of
14 penalties in lieu of fines and costs under prescribed
15 conditions.
16 § 6305. Arrest of nonresident.
17 (a) General rule.--Upon arrest of a nonresident for any
18 violation of this title, a police officer shall escort the
19 defendant to the appropriate issuing authority for a hearing,
20 posting of bond or payment of the applicable fine and costs
21 [unless the defendant chooses to place the amount of the <--
22 applicable fine (or the maximum fine in the case of a variable
23 fine) and costs in a stamped envelope addressed to the
24 appropriate issuing authority and mails the envelope in the
25 presence of the police officer] or unless the defendant is <--
26 covered by a reciprocity agreement between the Commonwealth and
27 their resident state as authorized in Subchapter C of Chapter 61
28 (relating to reciprocity).
29 * * * <--
30 (B) PROCEDURE UPON PAYMENT BY MAIL.--IF THE DEFENDANT MAILS <--
19770H1171B1805 - 115 -
1 THE AMOUNT OF THE FINE PRESCRIBED IN SUBSECTION (A), THE
2 DEFENDANT SHALL INDICATE ON AN ACCOMPANYING FORM WHETHER THE
3 PAYMENT CONSTITUTES A FINE BASED ON A PLEA OF GUILTY OR A BOND
4 FOR A HEARING BASED ON A PLEA OF NOT GUILTY. IF THE PLEA IS NOT
5 GUILTY, THE POLICE OFFICER SHALL NOTIFY THE ISSUING AUTHORITY BY
6 TELEPHONE AND THE ISSUING AUTHORITY SHALL SCHEDULE A HEARING FOR
7 THE FOLLOWING DAY (EXCLUDING SATURDAYS, SUNDAYS AND LEGAL
8 HOLIDAYS), UNLESS THE DEFENDANT REQUESTS A CONTINUANCE, IN WHICH
9 CASE A HEARING SHALL BE SCHEDULED TO ACCOMMODATE THE DEFENDANT,
10 THE POLICE OFFICER AND THE ISSUING AUTHORITY.
11 (C) FORM OF PAYMENT.--THE AMOUNT OF THE FINE AND COSTS MAY
12 BE PAID [IN CASH,] BY PERSONAL OR OTHER CHECK, CREDIT CARD OR
13 GUARANTEED ARREST BOND, EXCEPT THAT THE COURT ADMINISTRATOR OF
14 PENNSYLVANIA MAY ENLARGE OR RESTRICT THE TYPES OF PAYMENT WHICH
15 MAY BE MADE BY MAIL.
16 (D) RECEIPT FOR PAYMENT.--THE POLICE OFFICER SHALL GIVE THE
17 DEFENDANT A RECEIPT FOR THE PAYMENT, A COPY OF WHICH SHALL BE
18 MAILED WITH THE PAYMENT AND A COPY RETAINED BY THE POLICE
19 OFFICER.
20 § 6306. Costs for summary offenses.
21 (a) General rule.--Except as provided in subsection (b), any
22 person convicted of a summary offense under this title shall, in
23 addition to the fine imposed, be sentenced to pay $10 as costs
24 of the issuing authority which costs shall include all charges
25 including, when called for, the costs of postage and registered
26 or certified mail and the costs of giving a transcript to the
27 prosecutor or defendant, or both, if requested.
28 (b) Conviction after hearing.--Where the person charged with
29 a summary offense under this title demands a hearing, the costs
30 of the issuing authority shall be $15, which costs shall include
19770H1171B1805 - 116 -
1 all charges including the charges specified in subsection (a).
2 (c) Cost of removing vehicle.--In addition to costs payable
3 under subsections (a) and (b), the defendant shall pay to the
4 issuing authority any costs incurred in removing a vehicle under
5 section 3352 (relating to removal of vehicle by or at direction
6 of police).
7 (d) Disposition of costs.--All costs collected for
8 convictions for summary offenses under this title shall be paid
9 monthly to the county in which the magisterial district is
10 located and shall be retained by the county for its use.
11 § 6308. Investigation by police officers.
12 (a) Duty of operator or pedestrian.--The operator of any
13 vehicle or any pedestrian [reasonably believed to have violated
14 any provision of this title] shall stop upon request or signal
15 of any uniformed police officer and shall[, upon request,]:
16 (1) exhibit a registration card, driver's license and
17 proof of insurance, or other means of identification if a
18 pedestrian or driver of a pedalcycle; and [shall write]
19 (2) write their name in the presence of the police
20 officer if so required for the [purposes] purpose of
21 establishing identity.
22 (b) Authority of police officer.--Any uniformed police
23 officer may stop a vehicle, upon request or signal, for the
24 purpose of inspecting the vehicle as to its equipment and
25 operation, or vehicle identification number or engine number, or
26 to secure such other information as the officer may reasonably
27 believe to be necessary to enforce the provisions of this title.
28 (c) Inspection of garages and dealer premises.--Any police
29 officer or authorized department employee may inspect any
30 vehicle in any public garage or repair shop or on the premises
19770H1171B1805 - 117 -
1 of any dealer, salvor, scrap metal processor, insurer, or other
2 public place of business for the purpose of locating stolen
3 vehicles or parts. The owner of the garage or repair shop or the
4 dealer or other person shall permit any police officer or
5 authorized department employee to make investigations under this
6 subsection.
7 (d) Production to avoid prosecution.--No person shall be
8 charged with failure to exhibit proof of insurance as required
9 by subsection (a)(1) if the person does not have proof of
10 insurance in their possession and produces proof of insurance
11 valid on the date of the request at the office of the
12 investigating officer within five days of the violation.
13 § 6309. COST OF WARRANTS EXECUTED BY PENNSYLVANIA STATE <--
14 POLICE.
15 WHENEVER A MEMBER OF THE PENNSYLVANIA STATE POLICE EXECUTES A
16 WARRANT IN CONNECTION WITH AN ALLEGED VIOLATION OF THIS TITLE,
17 ADDITIONAL COSTS SHALL BE ASSESSED IN AN AMOUNT EQUAL TO THE
18 AMOUNT A CONSTABLE WOULD HAVE RECEIVED HAD HE EXECUTED THE
19 WARRANT. SUCH ADDITIONAL COSTS COLLECTED FOR THE EXECUTION OF
20 WARRANTS BY MEMBERS OF THE PENNSYLVANIA STATE POLICE SHALL BE
21 TRANSMITTED TO THE STATE TREASURY AND SHALL BE CREDITED TO THE
22 MOTOR LICENSE FUND.
23 § 6322. Reports by issuing authorities.
24 (a) General rule.--Following the [fifteenth and last days]
25 last day of each month, every issuing authority shall prepare a
26 statement, upon forms prescribed and furnished by the
27 [department] Commonwealth, of all fines collected, bail
28 forfeited[,] and sentence imposed [and final disposition] for
29 all [cases on] violations of any provisions of this title
30 decided by the issuing authority in the [semimonthly] monthly
19770H1171B1805 - 118 -
1 reporting period just concluded:
2 (1) Cases which have been appealed shall not be included
3 in the report.
4 (2) Cases which are appealable shall not be included in
5 the report until the appeal period expires.
6 (3) The statement shall be certified by the issuing
7 authority to be true and correct and shall be forwarded to
8 the department within [the following week] seven days, with a
9 copy sent to the police department which filed the charge.
10 (4) [The fines and bail forfeited] A copy of the
11 citation or summons shall accompany the report to the
12 department.
13 * * *
14 § 6323. Reports by courts of record.
15 The clerk of any court of record of this Commonwealth, within
16 ten days after final judgment of conviction or acquittal or
17 other disposition of charges under any of the provisions of this
18 title, shall send to the department a record of the judgment of
19 conviction, acquittal or other disposition on a form prescribed
20 by the department. A record of the judgment shall also be
21 forwarded to the department upon conviction [or acquittal] of a
22 person of a misdemeanor or felony in the commission of which the
23 judge determines that a motor vehicle was essentially involved.
24 The fines and bail forfeited shall accompany the record sent to
25 the department.
26 § [6327] 6326. Inspection of records.
27 The records of the issuing authority, department and each
28 police department required under this subchapter shall be open
29 for inspection by any police officer or authorized employee of
30 the department, the Department of Justice, the Department of
19770H1171B1805 - 119 -
1 Revenue, the Auditor General and the Court Administrator of [the
2 Supreme Court] Pennsylvania.
3 § 6342. Registration number as prima facie evidence of
4 operation.
5 (a) General rule.--In any proceeding for a violation of the
6 provisions of this title or any local ordinance[, rule or
7 regulation,] regulating parking, the registration plate
8 displayed on a vehicle shall be prima facie evidence that the
9 owner of the vehicle was then operating the vehicle.
10 [(b) Burden shifted by testimony of owner.--If at any
11 hearing or proceeding the owner testifies under oath or
12 affirmation that the owner was not operating the vehicle at the
13 time of the alleged violation and submits to an examination as
14 to who at the time was operating the vehicle and reveals the
15 name of the person, if known, then the prima facie evidence
16 arising from the registration plate shall be overcome and
17 removed and the burden of proof shifted.]
18 [(c)] (b) Burden shifted by affidavit of owner.--If the
19 information is made in a county other than that of the owner's
20 own residence and an affidavit setting forth these facts is
21 forwarded to the issuing authority, the prima facie evidence
22 arising from the registration plate shall be overcome and the
23 burden of proof shifted.
24 § 6503. Subsequent convictions of certain offenses.
25 Every person convicted of a second or subsequent violation of
26 any of the following provisions shall be sentenced to pay a fine
27 of not less than [$200 nor more than $1,000 or to imprisonment
28 for not more than one year, or both] $500 nor more than $1,000:
29 Section 1501(a) (relating to drivers required to be
30 licensed).
19770H1171B1805 - 120 -
1 Section 1543 (relating to driving while operating
2 privilege is suspended or revoked).
3 Section 3367 (relating to racing on highways).
4 Section 3733 (relating to fleeing or attempting to elude
5 police officer).
6 Section 3734 (relating to driving without lights to avoid
7 identification or arrest).
8 Section 3748 (relating to false reports).
9 § 6504. Inability to pay fine and costs.
10 [(a) Order for installment payments.--]Upon plea and proof
11 that a person is unable to pay any fine and costs imposed under
12 this title, a court may, in accordance with the Pennsylvania
13 Rules of Criminal Procedure, order payment of the fine and costs
14 in installments and shall fix the amounts, times and manner of
15 payment.
16 § 6505. Imprisonment for nonpayment of fine and costs.
17 [(b) Imprisonment for nonpayment.--]Any person who does not
18 pay any fine or costs assessed for a summary conviction under
19 this title which has not been appealed or who does not comply
20 with an order entered under [this section] section 6504
21 (relating to inability to pay fine and costs) may be imprisoned
22 for a number of days equal to one day for each $10 of the unpaid
23 balance of the fine and costs.
24 [§ 6505] § 6506. Disposition of fines and forfeitures.
25 (a) State Police enforcement.--When prosecution under the
26 provisions of this title is the result of State Police action,
27 all fines and penalties and all bail forfeited shall be paid to
28 the Department of Revenue, transmitted to the State Treasury and
29 credited to the Motor License Fund. One-half of the revenue
30 shall be paid to municipalities in the same ratio provided in
19770H1171B1805 - 121 -
1 section 4 of the act of June 1, 1956 (P.L.1944, No.655),
2 relating to partial allocation of liquid fuels and fuel use tax
3 proceeds.
4 (b) Local police enforcement in general.--When prosecution
5 under the provisions of this title, except for parking, is the
6 result of local police action, one-half of all fines and
7 penalties and all bail forfeited shall be paid to the political
8 subdivision under which the local police are organized and one-
9 half to the Department of Revenue, transmitted to the State
10 Treasury and credited to the Motor License Fund.
11 (c) Local police enforcement of parking.--When prosecution
12 under the provisions of this title for parking is the result of
13 local police action, all fines and penalties and all bail
14 forfeited shall be paid to the political subdivision under which
15 the local police are organized.
16 § 7102. Removal or falsification of identification number.
17 (a) Offense defined.--A person who willfully removes or
18 falsifies an identification number of a vehicle, engine,
19 differential or transmission is guilty of a misdemeanor of the
20 [third] second degree.
21 (b) Fraudulent intent.--A person who willfully and with
22 intent to conceal or misrepresent the identity of a vehicle,
23 engine, differential or transmission, removes or falsifies an
24 identification number thereof, is guilty of a misdemeanor of the
25 first degree.
26 (c) Exception.--This section does not apply to the removal
27 of [an] a vehicle identification number plate from a vehicle
28 [for which a certificate of junk has been obtained] in
29 accordance with the requirements of section 1117(a) (relating to
30 vehicle destroyed or junked).
19770H1171B1805 - 122 -
1 § 7103. Dealing in vehicles with removed or falsified
2 numbers.
3 (a) Offense defined.--A person who buys, receives,
4 possesses, sells or disposes of a vehicle, engine, differential
5 or transmission, knowing that an identification number has been
6 removed or falsified, is guilty of a misdemeanor of the third
7 degree.
8 (b) Knowledge of fraudulent intent.--A person who buys,
9 receives, possesses, sells or disposes of a vehicle, engine,
10 differential or transmission with knowledge that an
11 identification number has been removed or falsified with intent
12 to conceal or misrepresent the identity thereof, is guilty of a
13 [felony of the third degree] misdemeanor of the first degree.
14 (c) Exception.--This section does not apply to the removal
15 of [an] a vehicle identification number plate from a vehicle
16 [for which a certificate of junk has been obtained] in
17 accordance with the requirements of section 1117(a) (relating to
18 vehicle destroyed or junked).
19 § 7105. Seizure of vehicles with removed or falsified
20 numbers.
21 (a) Duty of police.--Every police officer having knowledge
22 of a vehicle on which the [vehicle] identification number of the
23 vehicle, engine, differential or transmission has been removed
24 or falsified shall immediately seize and take possession of the
25 vehicle, engine, differential or transmission and arrest or file
26 a complaint for the arrest of the suspected owner or custodian.
27 In all actions involving seizure or possession of such vehicles,
28 [vehicle] engines, differentials or transmissions identification
29 information shall be transmitted to the Federal or other
30 agencies involved in recovery of stolen vehicles, engines,
19770H1171B1805 - 123 -
1 differential or transmissions.
2 [(b) Proceedings if owner known.--The court, upon petition
3 of the owner or of the person entitled to possession of a seized
4 vehicle may relinquish custody of the vehicle to the person
5 legally entitled to the vehicle upon presentation of proof that
6 a State replacement vehicle identification number plate has been
7 issued by the department under section 7104 (relating to State
8 replacement vehicle identification number plate). Except as
9 otherwise provided in this section, the court shall retain in
10 custody the seized vehicle pending prosecution of the person
11 arrested. In case the person is found guilty, the vehicle shall
12 remain in the custody of the court until the fine and costs of
13 prosecution are paid, except that if 90 days have elapsed after
14 the verdict has been rendered and the fine and costs have not
15 been paid, the court shall proceed to advertise and sell the
16 vehicle in the manner provided by law for the sale of personal
17 property under execution. The proceeds from the sale shall be
18 used to pay the fine and costs of prosecution and the balance,
19 if any, shall be forwarded to the department to be transmitted
20 to the State Treasurer for deposit in the Motor License Fund.]
21 (b) Proceedings if owner known.--
22 (1) Except as provided in paragraph (2), the court shall
23 retain in custody the seized vehicle, engine, differential or
24 transmission pending prosecution of the person arrested. If
25 the person is found guilty, the vehicle shall remain in the
26 custody of the court until the fine and costs of prosecution
27 are paid, except that if 90 days have elapsed after the
28 verdict has been rendered and the fine and costs have not
29 been paid, the court shall advertise and sell the vehicle,
30 engine, differential or transmission in the manner provided
19770H1171B1805 - 124 -
1 by law for the sale of personal property under execution. The
2 proceeds from the sale shall be used to pay the fine and
3 costs of prosecution and the balance, if any, shall be
4 forwarded to the department to be transmitted to the State
5 Treasurer for deposit in the Motor License Fund.
6 (2) The court may relinquish custody of such:
7 (i) a vehicle to a person to whom a State
8 replacement vehicle identification number plate has been
9 issued in accordance with section 7104 (relating to State
10 replacement vehicle identification number plate); or
11 (ii) an engine, differential or transmission to the
12 owner or person entitled thereto.
13 (c) Proceedings if owner unknown.--If ownership of the
14 vehicle, engine, differential or transmission is not established
15 to the satisfaction of the court, the vehicle, engine,
16 differential or transmission shall be confiscated by the court
17 and sold immediately, and the proceeds shall be used to pay the
18 costs of proceedings and the balance, if any, shall be forwarded
19 to the department to be transmitted to the State Treasurer for
20 deposit in the Motor License Fund.
21 § 7113. Reporting stolen and recovered vehicles.
22 (a) Stolen vehicle.--Every police department or police
23 [office] officer, having knowledge of a stolen vehicle, shall
24 immediately furnish the State Police with full information about
25 the stolen vehicle. The State Police shall forward the stolen
26 vehicle information to the department.
27 * * *
28 [§ 7116. Fraudulent removal of vehicle from garage.
29 No person shall remove or cause to be removed, by any false
30 pretension or with intent to defraud, any vehicle that has been
19770H1171B1805 - 125 -
1 placed in a garage or automobile shop for storage, repair or
2 garage service.]
3 § 7121. False application for certificate of title or
4 registration.
5 A person is guilty of a misdemeanor of the [first] second
6 degree if the person uses a false or fictitious name or address
7 or makes a material false statement, or fails to disclose a
8 security interest, or conceals any other material fact in an
9 application for a certificate of title or for registration.
10 § 7122. Altered, forged or counterfeit documents and plates.
11 A person is guilty of a misdemeanor of the [first] second
12 degree if the person, with fraudulent intent:
13 (1) alters, forges or counterfeits a certificate of
14 title, registration card or plate[, inspection certificate]
15 or proof of insurance;
16 (2) alters or forges an assignment of a certificate of
17 title, or an assignment or release of a security interest on
18 a certificate of title or any other document issued or
19 prepared for issue by the department; or
20 (3) has possession of, sells or attempts to sell, uses
21 or displays a certificate of title, registration card or
22 plate, [driver's license, inspection certificate] proof of
23 insurance or any other document issued by the department,
24 knowing it to have been altered, forged or counterfeited.
25 § 7123. Sale or purchase of certificate or other document.
26 [It is unlawful to purchase or sell] A person is guilty of a
27 misdemeanor of the second degree if such person purchases or
28 sells a certificate or any other document issued by the
29 department. Police officers or department representatives may
30 confiscate the documents when unlawfully possessed or used.
19770H1171B1805 - 126 -
1 § 7301. Authorization of salvors.
2 * * *
3 (d) Storage facility.--A salvor may rent or own a storage
4 facility, which shall comply with the act of [December 15, 1971
5 (P.L.596, No.160), known as the "Outdoor Advertising Control Act
6 of 1971," where applicable, and with regulations promulgated by
7 the department.] July 28, 1966 (3rd Sp.Sess., P.L.91, No.4),
8 referred to as the Junkyard and Automotive Recycler Screening
9 Law.
10 § 7306. Payment of costs upon reclaiming vehicle.
11 In the event the owner or lienholder of an abandoned vehicle
12 reclaims the vehicle, the reclaiming party shall pay the costs
13 for towing and storage, plus a fee of [$25 of which $10] $15
14 which shall be transmitted to the department by the salvor.
15 § 7309. Junking of vehicles valueless except for junk.
16 * * *
17 (c) Reimbursement of expenses of salvor.--Upon receipt
18 within six months of evidence that a salvor has removed an
19 abandoned vehicle upon the request of a police department and
20 applied for a certificate of junk for such vehicle, the
21 department shall pay to the salvor from the Motor License Fund
22 the sum of $15 for the expenses incurred in the removal and
23 towing of the abandoned vehicle. No portion of the $15 payment
24 or any separate consideration shall be reimbursed or paid to any
25 government agency or municipalities by the salvor.
26 * * *
27 § 7502. Certificate of authorization.
28 * * *
29 (c) Bond required.--Before issuing a certificate of
30 authorization, the department shall require the applicant to
19770H1171B1805 - 127 -
1 furnish and maintain a bond indemnifying the public and the
2 department in the amount of [$50,000] $25,000. An individual
3 bond for each place of business is not required, but all places
4 of business shall be covered by the bond.
5 * * *
6 § 7703. Applicability of chapter.
7 (a) Vehicle regulation generally.--Unless the context
8 clearly indicates otherwise, the other provisions of this title
9 do not apply to this chapter.
10 (b) Law enforcement officers.--This chapter does not apply
11 to law enforcement officers while engaged in the performance of
12 their official duties.
13 Section 2. Transitional traffic control and licensing
14 provisions.
15 In addition to the transitional provisions provided in
16 section 2 of the act of June 17, 1976 (P.L.162, No.81), entitled
17 "An act amending Title 75 (Vehicles) of the Pennsylvania
18 Consolidated Statutes, adding revised, compiled and codified
19 provisions relating to vehicles and pedestrians," the following
20 transitional provisions regarding the exemption of existing
21 traffic restrictions from engineering and traffic studies and
22 the renewal of drivers' licenses are hereby provided and shall
23 apply to the pertinent provisions of Title 75 of the
24 Pennsylvania Consolidated Statutes:
25 (1) Engineering and traffic studies will not be
26 required for traffic restrictions in effect and duly posted
27 on the effective date of this act, except that engineering
28 and traffic studies will be required within three years of
29 the effective date of this act in order to validate the
30 following types of traffic restrictions:
19770H1171B1805 - 128 -
1 (i) School speed zones and school signs as provided
2 for in section 3365(b) (relating to special speed
3 limitations).
4 (ii) Stop intersections as provided for in section
5 6109(a)(6) (relating to specific powers of department and
6 local authorities), where three or more approaches are
7 required to stop.
8 (iii) No-passing zones as provided for in section
9 3307 (relating to no-passing zones) on two lane, two-way
10 highways.
11 (iv) Angle parking as provided for in section
12 3354(c) (relating to additional parking regulations).
13 (v) Any maximum speed as provided for in section
14 3363 (relating to alteration of maximum speed units) of
15 less than 35 miles per hour.
16 (2) At the time of the first renewal after July 1, 1977,
17 a driver holding a valid driver's license issued by the
18 department may have the renewed driver's license endorsed
19 with one or more classes of vehicles based on self
20 certification in driving the classes of vehicles without
21 undergoing an examination.
22 Section 3. Transitional revocation and suspension
23 provisions.
24 Notwithstanding the provisions of 75 Pa.C.S. § 1543(b)(3)
25 (relating to extending existing suspension), the Department of
26 Transportation, upon receiving a certified record of the
27 conviction of any person upon a charge of driving a vehicle
28 while the operating privilege was revoked for one year under
29 section 616(a) of "The Vehicle Code" of 1959 or revoked for six
30 months or one year under Title 75 of the Pennsylvania
19770H1171B1805 - 129 -
1 Consolidated Statutes prior to the effective date of this
2 amendatory act, shall suspend such operating privilege for an
3 additional like period.
4 Section 4. Color photograph requirement deadline.
5 The requirement for a color photograph on an identification
6 card provided for in 75 Pa.C.S. § 1510 (relating to issuance and
7 content of driver's license) as added by the act of June 17,
8 1976 (P.L.162, No.81) shall be implemented no later than July 1,
9 1978.
10 Section 5. Repeals.
11 Section 2(h) SECTIONS 2(H) AND 8(D), act of June 17, 1976 <--
12 (P.L.162, No.81), entitled "An act amending Title 75 (Vehicles)
13 of the Pennsylvania Consolidated Statutes, adding revised,
14 compiled and codified provisions relating to vehicles and
15 pedestrians," is ARE hereby repealed. <--
16 Section 209(b)(2) and (3), act of July 15, 1976 (P.L.1014,
17 No.204), known as the "Magisterial District Reform Act," is
18 hereby repealed.
19 Section 6. Effective date.
20 This act shall take effect July 1, 1977, or immediately,
21 whichever is later, except that the provisions of 75 Pa.C.S. §
22 6122(e) shall take effect July 1, 1978.
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