SENATE AMENDED
PRIOR PRINTER'S NOS. 1378, 1534, 1805 PRINTER'S NO. 3316
No. 1171 Session of 1977
INTRODUCED BY MESSRS. BELLOMINI AND DININNI, MAY 25, 1977
SENATOR LYNCH, TRANSPORTATION, IN SENATE, AS AMENDED, JUNE 5,
1978
AN ACT
1 Amending Title TITLES 75 (Vehicles) AND 42 (JUDICIARY AND <--
2 JUDICIAL PROCEDURE) of the Pennsylvania Consolidated
3 Statutes, making omnibus changes. ADDING AND CHANGING <--
4 PROVISIONS RELATING TO VEHICLES AND PEDESTRIANS.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definitions of "abandoned vehicle," "bus," <--
8 "classic motor vehicle," "driver," "emergency vehicle," "motor-
9 driven cycle," "motorized pedalcycle," "passenger car,"
10 "reconstructed vehicle," "roadway," "valueless except for junk"
11 and "vehicle" in section 102, sections 1102, 1103(a), (b), (c),
12 (d) and (e), 1111(a), 1113(a) and (c), 1114(b), 1117(a), (d),
13 (e) and (f), 1118(f), 1301, 1302, 1304(d), 1305(a), 1306,
14 1307(e), 1309, 1311, 1313(c), 1333(c), 1334(a), 1337(a) and (c),
15 1338, 1340, 1341, 1342, 1344, 1373, 1374(a), 1502(3), 1503,
16 1504(d), 1505(b) and (c), 1509(a), 1511, 1513(a), 1514, 1515,
17 1519, 1532, 1533, 1534, 1535, 1538(b) and (d), 1539(c), 1540,
18 1541(a) and (c), 1542(b) and (c), 1543, 1545, 1547(a), (b) and
1 (d), 1549(b), 1550, 1551, 1552, 1571, 1572, 1573, 1901(a), (b)
2 and (c), 1911, 1914, 1915, 1916, 1917, 1919, 1923, 1924,
3 1926(c), 1929, 1943(b), 1944, 1945, 1946, 1947, 1951, 1953,
4 1955(a), 1957, 3101, 3105(c) and (d), 3112(a), 3307(a) and (b),
5 3331(b), 3334(b) 3335, 3345, 3351, 3352, 3353(a) and (e),
6 3354(d) and (e), 3363, 3364(c), 3365(a) and (c), 3367(b), 3502,
7 3504, 3507(a), 3522(a), 3525(a), 3706, 3709, 3711(b), 3746(c),
8 3749(b) and (c), 3751(b), 3752, 4103, 4107(a), 4303(c), 4502,
9 4524(d), 4525, 4552(e), 4553(b), 4571, 4702, 4703, 4704(a),
10 4721, 4723, 4726, 4727(a), 4728, 4729, 4902(d) and (e), 4903(c),
11 4904(c), 4921, 4924(a), 4943(b), 4944, 4946(a), 4962(b) and (d),
12 4965, 4966, 4967, 4981(a), (c) and (d), 4982, 6104(a), 6105,
13 6109(a) and (e), 6112, 6122(a), 6301, 6305, 6306, 6308, 6322(a),
14 6323, 6327, 6342, 6503, 6504, 6505, 7102, 7103, 7105, 7113(a),
15 7116, 7121, 7122, 7123, 7301(d), 7306, 7309(c), 7502(c) and 7703
16 of Title 75, act of November 25, 1970 (P.L.707, No.230), known
17 as the Pennsylvania Consolidated Statutes, added June 17, 1976
18 (P.L.162, No.81), are amended, and the definitions of "church,"
19 "historic motor vehicle" and "recreational vehicle" in section
20 102, sections 1331(f), 1336(c), 1505(e), 1508(c), 1538(e),
21 1541(d), 1550, 1552, 1553, 1944, 1948, 1960, 1961, 3111(e),
22 3342(d), 3346, 3505(e), 4305(d), 4552(i), 4942(d), 6122(e), 6309
23 and 6506 are added to read:
24 SECTION 1. THE DEFINITIONS OF "ABANDONED VEHICLE," <--
25 "AUTHORIZED VEHICLE," "BUS," "CLASSIC MOTOR VEHICLE," "EMERGENCY
26 VEHICLE," "FARM TRUCK," "MOTORIZED PEDALCYCLE," "PASSENGER CAR,"
27 "RECONSTRUCTED VEHICLE," "ROADWAY," "SALVOR," "SCHOOL BUS,"
28 "SPECIAL MOBILE EQUIPMENT," "TAXI," "THROUGH HIGHWAY," "URBAN
29 DISTRICT," "VALUELESS EXCEPT FOR JUNK" AND "VEHICLE" IN SECTION
30 102, SECTIONS 1102, 1103(A), (C), (D) AND (E), 1108, 1111(A),
19770H1171B3316 - 2 -
1 1112, 1113(A) AND (C), 1114(B), 1117, 1118(A), (B) AND (F),
2 1119, 1138, 1301, 1302, 1303(A) AND (E), 1304(D), 1305, 1306,
3 1307(E), 1309, 1310, 1311, 1312, 1313(C), 1315, 1331(E),
4 1333(C), 1334(A), 1335, 1336, 1337(A) AND (C), 1338, 1340, 1342,
5 1343, 1344, 1371, 1373, 1374, 1375, 1501(C) AND (D), 1502(3),
6 1503, 1504(C), (D) AND (E), 1505(B) AND (C), 1507(D), 1508,
7 1509(A), 1511, 1513(A), 1514, 1515, 1517, 1518, 1519, 1532,
8 1533, 1534, 1535, 1537, 1538, 1539(C), 1540, 1541(A) AND (C),
9 1542(B) AND (C), 1543, 1544(A), 1545, 1547(A), (B), (C) AND (D),
10 1549(B), 1550, 1551, 1571, 1572, 1573, 1704, 1741, 1747(A),
11 1901(A), (B) AND (C), 1902, 1915, 1916, 1917, 1919, 1923, 1924,
12 1925, 1926, 1928, 1929, 1943(B), 1944, 1951, 1952, 1953, 1955,
13 1956, 1957, 1958, 3101, 3102, 3105(B), (C) AND (D), 3112, 3113,
14 3115, 3307, 3321, 3323(C), 3331(B), 3332, 3334(B), 3335, 3342(B)
15 AND (C), 3345, 3351, 3352, 3353, 3354(D), 3363, 3364(C),
16 3365(A), (B) AND (C), 3367(B), 3368(D), 3502, 3504, 3507, 3508,
17 3522(A), 3523, 3525(A) AND (B), 3541, 3543, 3549, 3550, 3706,
18 3709, 3711(B), 3731(A) AND (D), 3741, 3746(C), 3749(B) AND (C),
19 3751(B), 3752, 4103, 4107(A), 4303(C) AND (E), 4307, 4502, 4524,
20 4530, 4531, 4534, 4535, 4552(E), 4571, 4572(B) AND (D), 4702,
21 4703, 4704(A), 4721, 4722(C), 4726, 4727(A), 4729, 4730, 4902,
22 4903(C), 4904(C), 4921, 4924(A), 4942, 4943(B), 4944, 4945(A),
23 4946(A), 4961, 4962(B) AND (D), 4963, 4965, 4966, 4967, 4968,
24 4970, 4981, 4982, 4983, 6104(A), 6105, 6109(A), (B), (C) AND
25 (E), 6112, 6122, 6301, 6304, 6305, 6306, 6308, 6322(A)(1), 6323,
26 6327, 6501, 6503, 6504, 7102, 7103, 7105, 7113(A), 7116, 7121,
27 7122, 7123, 7301, 7302, 7304, 7305, 7306, 7308, 7309, 7312,
28 7502(C) AND (E) AND 7505, THE HEADING OF CHAPTER 77 AND SECTIONS
29 7701, 7703, 7706, 7711, 7712, 7713, 7714, 7715, 7716, 7721,
30 7722, 7723, 7724, 7725, 7726, 7727, 7728, 7729, 7741, 7742,
19770H1171B3316 - 3 -
1 7743, 7751 AND 7752 OF TITLE 75, ACT OF NOVEMBER 25, 1970
2 (P.L.707, NO.230), KNOWN AS THE PENNSYLVANIA CONSOLIDATED
3 STATUTES, ADDED JUNE 17, 1976 (P.L.162, NO.81), ARE AMENDED, AND
4 THE DEFINITIONS OF "CONSTRUCTION STORAGE TRAILER," "HISTORIC
5 MOTOR VEHICLE," "PLAY HIGHWAY," "PUSHCART," "STREET," "TOWER"
6 AND "TRAFFIC SIGNAL" IN SECTION 102, SECTIONS 1120, 1121,
7 1331(F), 1345, 1504(F) AND (G), 1505(E), 1547(K), 1552, 1960,
8 1961, 3111(E), 3342(D), 3346, 3355, 3356, 3368(E), 3505(E),
9 3544(E), 4305(D), 4552(I), 4572(C), 4943(D), 4971 AND 6309 AND
10 THE DEFINITION OF "OFF-ROAD VEHICLE" IN SECTION 7702 ARE ADDED
11 TO READ:
12 § 102. Definitions.
13 Subject to additional definitions contained in subsequent
14 provisions of this title which are applicable to specific
15 provisions of this title, the following words and phrases when
16 used in this title shall have, unless the content clearly
17 indicates otherwise, the meanings given to them in this section:
18 "Abandoned vehicle."
19 (1) A vehicle (other than a pedalcycle):
20 (i) that is inoperable and is left unattended on
21 public property for more than 48 hours;
22 (ii) that has remained illegally on public property
23 for a period of more than 48 hours;
24 (iii) [without] which does not have both a valid
25 registration plate [or] and certificate of inspection [or
26 title] and which is left unattended on [or along] a
27 highway; or
28 (iv) [that has remained on private property without <--
29 the consent of the owner or person in control of the
30 property for more than 48 hours] THAT HAS REMAINED <--
19770H1171B3316 - 4 -
1 UNCLAIMED AT A STORAGE FACILITY OF A SALVOR OR TOWER FOR
2 MORE THAN 30 DAYS.
3 (2) Vehicles and equipment used or to be used in
4 construction or in the operation or maintenance of public
5 utility facilities, which are left in a manner which does not
6 interfere with the normal movement of traffic, shall not be
7 considered to be abandoned.
8 * * *
9 "AUTHORIZED VEHICLE." A VEHICLE OR TYPE OF VEHICLE, OTHER <--
10 THAN AN EMERGENCY VEHICLE, FOR WHICH SPECIAL OPERATING OR
11 EQUIPMENT PRIVILEGES ARE GIVEN BY LAW OR REGULATION OF THE
12 DEPARTMENT BASED ON [DESIGN AND UTILITY FOR] ITS USE IN WORK
13 WITHIN A HIGHWAY OR IN THE PERFORMANCE OF PUBLIC SERVICE OR
14 GOVERNMENTAL FUNCTIONS.
15 "Bus." A motor vehicle designed for carrying more than ten
16 passengers, exclusive of the driver, and used for the
17 transportation of persons and [a] any other motor vehicle [,
18 other than a taxicab, designed and] used for the transportation
19 of persons for compensation. The term does not include a taxi <--
20 TAXICAB or a vehicle used in a carpool AS DEFINED IN DEPARTMENT <--
21 REGULATIONS.
22 * * *
23 "Church." An organization for religious purposes which <--
24 exists for the predominant purpose of holding, conducting or
25 sponsoring religious activities or religious education, without
26 pecuniary benefit to any officer, member or shareholder except
27 as reasonable compensation for actual services rendered to the
28 organization.
29 ["Classic motor vehicle." A self-propelled vehicle, but not
30 a reproduction thereof, manufactured more than ten years prior
19770H1171B3316 - 5 -
1 to the current year and, because of discontinued production and
2 limited availability, determined by the department to be a model
3 or make of significant value to collectors or exhibitors and
4 which has been maintained in or restored to a condition which is
5 substantially in conformity with manufacturer specifications and
6 appearance.]
7 * * * <--
8 "CONSTRUCTION STORAGE TRAILER." A TRAILER USED EXCLUSIVELY
9 FOR STORAGE ON A CONSTRUCTION SITE AND ONLY OCCASIONALLY
10 OPERATED ON HIGHWAYS IN ORDER TO MOVE FROM ONE SITE TO ANOTHER.
11 * * * <--
12 "Driver." A person who drives or is in actual physical
13 control of a motor vehicle.
14 * * *
15 "Emergency vehicle." A fire [department] vehicle, police <--
16 vehicle, ambulance, blood-delivery vehicle, armed forces
17 emergency vehicle, one private vehicle of a fire or police chief
18 or assistant chief or when a fire company has three or more
19 pieces of apparatus FIRE VEHICLES, a second assistant chief, or <--
20 ambulance corps commander or assistant commander or of a river
21 rescue commander or coroner OR DEPUTY CORONER OR CIVIL DEFENSE <--
22 DIRECTOR used for answering emergency calls or other vehicle
23 designated by the State Police under section 6106 (relating to
24 designation of emergency vehicles by Pennsylvania State Police).
25 * * *
26 "FARM TRUCK." A TRUCK OR BUS DETERMINED BY THE DEPARTMENT TO <--
27 BE USED EXCLUSIVELY FOR AGRICULTURAL PURPOSES. THE TERM DOES NOT
28 INCLUDE A TRUCK TRACTOR.
29 * * *
30 "Historic motor vehicle." A self-propelled vehicle, but not
19770H1171B3316 - 6 -
1 a reproduction thereof, manufactured more than ten years prior
2 to the current year and, because of discontinued production and
3 limited availability, determined by the department to be a model
4 or make of significant value to collectors or exhibitors and
5 which has been maintained in or restored to a condition which is
6 substantially in conformity with manufacturer specifications and
7 appearance.
8 * * *
9 ["Motor-driven cycle." A motorcycle, including a motor <--
10 scooter, with a motor which produces not to exceed five brake
11 horsepower, and every pedalcycle with motor attached.]
12 "Motorized pedalcycle." A [motor-driven cycle] motorcycle <--
13 [equipped with operable pedals, a motor rated no more than 1.5 <--
14 brake horsepower, a cylinder capacity not exceeding 50 cubic
15 centimeters, an automatic transmission, and a maximum design
16 speed of no more than 25 miles per hour.] WITH A MAXIMUM DESIGN <--
17 SPEED OF 30 MILES PER HOUR EQUIPPED WITH OPERABLE PEDALS, AN <--
18 ENGINE WHICH PRODUCES NOT MORE THAN 2 BRAKE HORSEPOWER AND, IF
19 IT HAS AN INTERNAL COMBUSTION ENGINE, A CYLINDER CAPACITY NOT
20 EXCEEDING 50 CUBIC CENTIMETERS AND AN AUTOMATIC TRANSMISSION. A
21 MOTORIZED PEDALCYCLE IS COMMONLY REFERRED TO AS A "MOPED."
22 * * *
23 "Passenger car." A motor vehicle, except a motorcycle or
24 taxi TAXICAB, designed primarily for carrying ten passengers or <--
25 less, and primarily used for the transportation of persons.
26 * * *
27 "PLAY HIGHWAY." A PORTION OF A HIGHWAY OR ROADWAY BARRED <--
28 FROM UNAUTHORIZED USE BY MOTOR VEHICLES, ON A TEMPORARY OR
29 REGULAR DAILY BASIS, AND RESERVED FOR PLAY OR RECREATIONAL
30 ACTIVITIES.
19770H1171B3316 - 7 -
1 * * *
2 "PUSHCART." A VEHICLE, OTHER THAN A PEDALCYCLE, PROPELLED
3 SOLELY BY HUMAN POWER, AND USED OR INTENDED FOR USE FOR THE
4 DISPLAY, TRANSPORT, EXHIBIT OR SALE OF GOODS, WARES OR
5 MERCHANDISE.
6 * * *
7 "Reconstructed vehicle." A vehicle materially altered from
8 its original construction by the removal, addition or
9 substitution of essential parts, new or used, or a vehicle,
10 other than an antique or [classic] historic MOTOR vehicle, for <--
11 which [a certificate of junk] AUTHORIZATION TO SALVAGE THE <--
12 VEHICLE was issued and is thereafter restored to operating
13 condition.
14 * * *
15 "Recreational vehicle." A vehicular type unit primarily <--
16 designed as temporary living quarters for recreation, camping or
17 travel use which either has its own motive power or is drawn by
18 another vehicle.
19 * * *
20 "Roadway." That portion of a highway improved, designed or
21 ordinarily used for vehicular travel, exclusive of the
22 sidewalk[, berm] or shoulder even though such sidewalk[, berm]
23 or shoulder is used by pedalcycles. In the event a highway
24 includes two or more separate roadways the term "roadway" refers
25 to each roadway separately but not to all such roadways
26 collectively.
27 * * *
28 "SALVOR." A PERSON [ENGAGED IN THE BUSINESS OF ACQUIRING <--
29 ABANDONED VEHICLES] AUTHORIZED BY THE DEPARTMENT TO REMOVE <--
30 VEHICLES FROM PUBLIC OR PRIVATE PROPERTY OR TO ACQUIRE ABANDONED
19770H1171B3316 - 8 -
1 VEHICLES FOR THE PURPOSE OF TAKING APART, [JUNKING] SALVAGING,
2 SELLING, REBUILDING OR EXCHANGING THE VEHICLES OR PARTS THEREOF.
3 ["SCHOOL BUS." A MOTOR VEHICLE WHICH COMPLIES WITH THE COLOR
4 AND LIGHTING IDENTIFICATION REQUIREMENTS OF SECTION 4552
5 (RELATING TO GENERAL REQUIREMENTS FOR SCHOOL BUSES).]
6 * * *
7 "SPECIAL MOBILE EQUIPMENT." VEHICLES NOT DESIGNED OR USED
8 PRIMARILY FOR THE TRANSPORTATION OF PERSONS OR PROPERTY AND ONLY
9 INCIDENTALLY OPERATED OR MOVED OVER A HIGHWAY, INCLUDING BUT NOT
10 LIMITED TO: DITCH DIGGING APPARATUS, WELL BORING APPARATUS, AIR
11 COMPRESSORS; EARTH MOVING AND ROAD CONSTRUCTION AND MAINTENANCE
12 MACHINERY, SUCH AS ASPHALT SPREADERS, BITUMINOUS MIXERS, BUCKET
13 LOADERS, SNOW PLOWS, DITCHERS, GRADERS, FINISHING MACHINES, ROAD
14 ROLLERS, SCARIFIERS, EARTH MOVING CARRYALLS, SCRAPERS, POWER
15 SHOVELS AND DRAG LINES; AND SELF-PROPELLED CRANES AND TRACTORS,
16 OTHER THAN TRUCK TRACTORS. THE TERM DOES NOT INCLUDE HOUSE
17 TRAILERS; DUMP TRUCKS; TRUCK-MOUNTED TRANSIT MIXERS, CRANES OR
18 SHOVELS; OR OTHER VEHICLES DESIGNED FOR THE TRANSPORTATION OF
19 PERSONS OR PROPERTY TO WHICH MACHINERY HAS BEEN ATTACHED.
20 * * *
21 "STREET." A HIGHWAY.
22 * * *
23 ["TAXI."] "TAXICAB." A MOTOR VEHICLE DESIGNED FOR CARRYING
24 NO MORE THAN EIGHT PASSENGERS, EXCLUSIVE OF THE DRIVER, ON A
25 CALL AND DEMAND SERVICE, AND USED FOR THE TRANSPORTATION OF
26 PERSONS FOR COMPENSATION.
27 "THROUGH HIGHWAY." A LIMITED ACCESS HIGHWAY OR ANY OTHER
28 HIGHWAY OR PORTION OF A HIGHWAY ON WHICH VEHICULAR TRAFFIC IS
29 GIVEN PREFERENTIAL RIGHT-OF-WAY[, AND AT THE ENTRANCES TO WHICH
30 VEHICULAR TRAFFIC FROM INTERSECTING HIGHWAYS IS REQUIRED BY LAW
19770H1171B3316 - 9 -
1 TO YIELD THE RIGHT-OF-WAY TO VEHICLES ON THE THROUGH HIGHWAY IN
2 OBEDIENCE TO A STOP SIGN, YIELD SIGN OR OTHER OFFICIAL TRAFFIC-
3 CONTROL DEVICE WHEN THE SIGNS OR DEVICES ARE ERECTED AS PROVIDED
4 IN THIS TITLE].
5 * * *
6 "TOWER." A PERSON AUTHORIZED BY THE DEPARTMENT TO REMOVE
7 VEHICLES FROM PUBLIC OR PRIVATE PROPERTY.
8 * * *
9 "TRAFFIC SIGNAL." ANY POWER-OPERATED TRAFFIC-CONTROL DEVICE,
10 EXCEPT A SIGN, BARRICADE, WARNING LIGHT, FLASHING ARROW BOARD OR
11 STEADY BURN ELECTRIC LAMP, BY WHICH TRAFFIC IS WARNED OR
12 DIRECTED TO TAKE SOME SPECIFIC ACTION. THESE DEVICES INCLUDE
13 TRAFFIC-CONTROL SIGNALS, PEDESTRIAN SIGNALS, BEACONS, LANE-USE-
14 CONTROL SIGNALS, DRAWBRIDGE SIGNALS, EMERGENCY TRAFFIC SIGNALS,
15 FIREHOUSE WARNING DEVICES AND RAMP METERING SIGNALS.
16 * * *
17 "URBAN DISTRICT." THE TERRITORY CONTIGUOUS TO AND INCLUDING
18 ANY STREET WHICH IS BUILT UP WITH STRUCTURES DEVOTED TO
19 BUSINESS, INDUSTRY OR DWELLING HOUSES SITUATED AT INTERVALS OF
20 LESS THAN 100 FEET FOR A DISTANCE OF A QUARTER OF A MILE OR
21 MORE. THE RIGHT-OF-WAY OF INTERSECTING HIGHWAYS SHALL NOT BE
22 COUNTED IN MEASURING DISTANCES BETWEEN STRUCTURES.
23 * * *
24 "Valueless except for [junk] SALVAGE." A vehicle which is <--
25 inoperable or unable to meet the vehicle equipment and
26 inspection standards under Part IV (relating to vehicle
27 characteristics) to the extent that the cost of repairs would
28 exceed the value of the repaired vehicle. The term does not
29 include a vehicle which would qualify as an antique or [classic]
30 historic MOTOR vehicle except for its lack of restoration or <--
19770H1171B3316 - 10 -
1 maintenance.
2 "Vehicle." Every device [in, upon or by] which [any person
3 or property] is or may be [transported] moved or drawn upon a
4 highway, except devices used exclusively upon rails or tracks.
5 * * *
6 § 1102. Vehicles not requiring certificate of title.
7 No certificate of title [shall be issued] IS REQUIRED for: <--
8 (1) A vehicle owned by the United States unless it is
9 registered in this Commonwealth.
10 (2) A golf cart, [motor-driven cycle] motorized <--
11 pedalcycle, go-cart or other similar vehicle unless it is
12 registered in this Commonwealth.
13 (3) A new vehicle owned by a manufacturer or
14 [registered] dealer before and until THE FIRST sale TO A <--
15 CONSUMER.
16 (4) A vehicle owned by a nonresident of this
17 Commonwealth and not required by law to be registered in this
18 Commonwealth.
19 (5) A vehicle owned by a resident legally required to be
20 registered in another state, based and used principally
21 outside of this Commonwealth, and not required by law to be
22 registered in this Commonwealth.
23 (6) A vehicle regularly engaged in the interstate
24 transportation of persons or property for which a currently
25 effective certificate of title has been issued in another
26 state.
27 (7) A vehicle moved solely by human or animal power.
28 (8) An implement of husbandry unless required to be
29 registered.
30 (9) Special mobile equipment unless required to be
19770H1171B3316 - 11 -
1 registered.
2 (10) A [mobile home] RIDING LAWNMOWER OR SNOWPLOW WITH <--
3 AN ENGINE NOT EXCEEDING A HORSEPOWER RATING DETERMINED BY THE
4 DEPARTMENT.
5 (11) A riding lawnmower with an engine not exceeding 16 <--
6 h.p.
7 (11) A CONSTRUCTION STORAGE TRAILER. <--
8 § 1103. Application for certificate of title.
9 (a) Contents of application.--Application for a certificate
10 of title shall be made upon a form prescribed and furnished by
11 the department and shall contain a full description of the
12 vehicle, the vehicle identification number, date of purchase,
13 the actual or bona fide name and address of the owner, a
14 statement of the title of applicant, together with any other
15 information or documents the department requires to identify the
16 vehicle and to enable the department to determine whether the
17 owner is entitled to a certificate of title and the [amount and]
18 description of any security interests in the vehicle.
19 (b) Signing and filing of application.--Application for a <--
20 certificate of title shall be made within [ten] five days of the
21 sale or transfer of a vehicle or its entry into this
22 Commonwealth from another jurisdiction, whichever is later. The
23 application shall be accompanied by the fee prescribed in this
24 title, and any tax payable by the applicant under the laws of
25 this Commonwealth in connection with the acquisition or use of a
26 vehicle or evidence to show that the tax has been collected. The
27 application shall be signed and verified by oath or affirmation
28 by the applicant if a natural person; in the case of an
29 association or partnership, by a member or a partner; and in the
30 case of a corporation, by an executive officer or some person
19770H1171B3316 - 12 -
1 specifically authorized by the corporation to sign the
2 application.
3 * * *
4 (c) Manufacturer's Statement of Origin for new vehicles.--If
5 the application refers to a new vehicle, it shall be accompanied
6 by the Manufacturer's Statement of Origin [for the vehicle]. <--
7 Notwithstanding any other provision of this title, a tracing or <--
8 photograph of the vehicle identification number shall not be
9 required when the application which refers to a new vehicle is
10 accompanied by the Manufacturer's Statement of Origin. A TRACING <--
11 OR PHOTOGRAPH OF THE VEHICLE IDENTIFICATION NUMBER SHALL NOT BE
12 REQUIRED FOR PASSENGER CARS OR MOTORCYCLES.
13 (d) Vehicles purchased from dealers.--If the application
14 refers to a vehicle purchased from a dealer, the dealer shall
15 mail or deliver the application to the department within [ten] <--
16 five days of the date of purchase. The application shall
17 [contain the names and addresses of any lienholders in order of <--
18 priority, [the amounts and] the dates of the security <--
19 agreements, and] be assigned by the dealer to the owner and <--
20 signed by the owner. THE APPLICATION SHALL ALSO BE SIGNED AND <--
21 VERIFIED BY THE DEALER BY OATH OR AFFIRMATION AS REQUIRED BY
22 SUBSECTION (B). Any dealer violating this subsection is guilty
23 of a summary offense and shall, upon conviction, be sentenced to
24 pay a fine of $50 for each violation. The requirement that the
25 dealer mail or deliver the application to the department does
26 not apply to vehicles purchased by fleet owners or governmental
27 or quasi-governmental agencies.
28 (e) Out-of-state vehicles.--If the application refers to a
29 vehicle purchased or last previously titled or registered in
30 another state or country, the following information shall be
19770H1171B3316 - 13 -
1 contained in or accompany the application or be forwarded in
2 support of the application as required by the department:
3 (1) Any certificate of title issued by the other state
4 or country.
5 (2) A tracing or photograph of the vehicle
6 identification number taken from the official number plate
7 or, where it is impossible to secure a legible tracing OR <--
8 PHOTOGRAPH, the verification of a person authorized by the
9 department that the vehicle identification number of the
10 vehicle has been inspected and found to conform to the
11 description given in the application.
12 (3) Any other information and documents the department
13 reasonably requires to establish the ownership of the vehicle
14 and the existence or nonexistence of security interests in
15 the vehicle.
16 * * *
17 § 1108. REGISTRATION WITHOUT CERTIFICATE OF TITLE. <--
18 IF THE DEPARTMENT IS NOT SATISFIED AS TO THE OWNERSHIP OF THE
19 VEHICLE OR THAT THERE ARE NO UNDISCLOSED SECURITY INTERESTS IN
20 THE VEHICLE, OR IF THE HOLDER OF A SECURITY INTEREST REFUSES TO
21 SUBMIT A FOREIGN TITLE TO THE DEPARTMENT FOR REGISTRATION OF THE
22 VEHICLE IN THIS COMMONWEALTH, THE DEPARTMENT MAY REGISTER THE
23 VEHICLE BUT SHALL WITHHOLD ISSUANCE OF A CERTIFICATE OF TITLE
24 UNTIL THE APPLICANT PRESENTS DOCUMENTS REASONABLY SUFFICIENT TO
25 SATISFY THE DEPARTMENT AS TO THE OWNERSHIP BY THE APPLICANT OF
26 THE VEHICLE AND THAT THERE ARE NO UNDISCLOSED OR OUTSTANDING
27 SECURITY INTERESTS IN THE VEHICLE.
28 § 1111. Transfer of ownership of vehicle.
29 (a) Duty of transferor.--In the event of the sale or
30 transfer of the ownership of a vehicle within this Commonwealth,
19770H1171B3316 - 14 -
1 the owner shall execute an assignment and warranty of title to
2 the transferee in the space provided on the certificate or as
3 the department prescribes, sworn to before a notary public or
4 other officer empowered to administer oaths, and deliver the
5 certificate to the transferee [at the time of the delivery of
6 the vehicle] immediately.
7 * * *
8 § 1112. DISCLOSURE OF ODOMETER READING AND TAMPERING WITH <--
9 ODOMETER.
10 (A) STATEMENT BY TRANSFEROR OF ODOMETER READING.--EACH
11 TRANSFEROR OF A MOTOR VEHICLE SHALL FURNISH TO THE TRANSFEREE AT
12 THE TIME OF TRANSFER A WRITTEN STATEMENT DISCLOSING THE ODOMETER
13 READING OF THE VEHICLE AT THE TIME OF TRANSFER AND THE DATE OF
14 THE TRANSFER. THE STATEMENT SHALL BE SIGNED BY THE TRANSFEROR ON
15 SUCH FORM AS THE DEPARTMENT MAY PRESCRIBE.
16 (B) STATEMENT WHEN ACTUAL MILEAGE UNKNOWN.--IF THE
17 TRANSFEROR KNOWS THAT THE ODOMETER READING DIFFERS FROM THE
18 NUMBER OF MILES THE VEHICLE HAS ACTUALLY TRAVELED, AND THAT THE
19 DIFFERENCE IS GREATER THAN THAT CAUSED BY ODOMETER CALIBRATION
20 ERROR, THE TRANSFEROR SHALL INCLUDE A STATEMENT THAT THE ACTUAL
21 VEHICLE MILEAGE IS UNKNOWN.
22 (C) TAMPERING WITH ODOMETER.--EXCEPT FOR PURPOSES OF REPAIR
23 OR REPLACEMENT, IT IS UNLAWFUL FOR ANY PERSON TO DISCONNECT,
24 TURN BACK, TAMPER WITH OR RESET AN ODOMETER OF ANY MOTOR
25 VEHICLE.
26 (D) EXCEPTIONS.--THE TRANSFEROR [OF THE FOLLOWING TYPES OF
27 MOTOR VEHICLES] NEED NOT DISCLOSE THE ODOMETER READING OF [THE
28 VEHICLE]:
29 (1) A MOTOR VEHICLE HAVING A REGISTERED GROSS WEIGHT OF
30 MORE THAN 17,000 POUNDS.
19770H1171B3316 - 15 -
1 (2) A MOTOR VEHICLE 25 YEARS OR OLDER.
2 (3) A MOTOR VEHICLE TRANSFERRED BETWEEN DEALERS PRIOR TO
3 FIRST RETAIL SALE.
4 (4) A MOTOR VEHICLE NOT ORIGINALLY EQUIPPED WITH AN
5 ODOMETER.
6 (E) PENALTIES.--ANY PERSON VIOLATING SUBSECTION (A) OR (B)
7 IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
8 SENTENCED TO PAY A FINE OF $100. ANY PERSON VIOLATING SUBSECTION
9 (C) IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION,
10 BE SENTENCED TO PAY A FINE OF $300.
11 § 1113. Transfer to or from manufacturer or dealer.
12 (a) Transfer to manufacturer or dealer.--When the purchaser
13 or transferee of a vehicle is a manufacturer or [registered] <--
14 dealer who holds the vehicle for resale, a certificate of title
15 need not be applied for as provided for in section 1111
16 (relating to transfer of ownership of vehicle) but the
17 transferee shall, within [seven] five TEN days from the date of <--
18 assignment of the certificate of title to the manufacturer or
19 dealer, forward to the department, upon a form prescribed and
20 furnished by the department, notification of the acquisition of
21 the vehicle. Notification as authorized in this section may not
22 be used in excess of three consecutive transactions after which
23 time an application shall be made for a certificate of title.
24 * * *
25 (c) Transfer from manufacturer or dealer.--[The manufacturer
26 or dealer, upon transferring his interest in the vehicle, shall,
27 except] Except as otherwise provided in this section, when the
28 transferee is another manufacturer or dealer:
29 (1) The manufacturer or dealer upon transferring their
30 interest in the vehicle shall execute an assignment and
19770H1171B3316 - 16 -
1 warranty of title to the transferee in the space provided on
2 the certificate or as the department prescribes.
3 (2) The transferee shall complete the application for
4 certificate of title in the name of the transferee.
5 [The] (3) The manufacturer or dealer shall forward the
6 certificate of title and any other required forms shall be
7 forwarded by the dealer or manufacturer to the department
8 within [five] TEN days of the transfer. <--
9 * * *
10 § 1114. Transfer of vehicle by operation of law.
11 * * *
12 (b) Transfer to surviving spouse.--Transfer of a certificate
13 of title to a surviving spouse, or any person designated by the
14 spouse, may be made without the necessity of filing for letters
15 of administration notwithstanding the fact that there are
16 [minor] children or other heirs surviving the decedent provided
17 the surviving spouse files an affidavit that all the debts of
18 the decedent have been paid. The provisions of this subsection
19 shall DO not supersede the bequest of a vehicle to another <--
20 person.
21 * * *
22 § 1117. Vehicle destroyed or [junked] SALVAGED. <--
23 (a) Application for [certificate of junk] VEHICLE SALVAGE <--
24 AUTHORIZATION.--[Any owner who transfers a vehicle as scrap, or
25 to be destroyed or junked, shall assign the certificate of title
26 to the person to whom the vehicle is transferred. The transferee
27 shall return the assigned certificate of title to the department
28 immediately with an application for a certificate of junk upon a
29 form furnished and prescribed by the department. An insurer, as
30 defined in the act of July 19, 1974 (P.L.489, No.176), known as
19770H1171B3316 - 17 -
1 the "Pennsylvania No-fault Motor Vehicle Insurance Act," to
2 which title to a vehicle is assigned upon payment to the insured
3 of the replacement value of the vehicle, shall be regarded as a
4 transferee under this subsection.]
5 (1) Any owner who scraps, dismantles or destroys a <--
6 vehicle and any person who purchases a vehicle to be
7 scrapped, dismantled or destroyed shall within five days
8 return:
9 (i) the certificate of title to the department; and
10 (ii) an application for certificate of junk on a
11 form furnished by the department.
12 (1) NO PERSON SHALL SCRAP, DISMANTLE OR DESTROY A <--
13 VEHICLE OR REMOVE A VEHICLE FROM THIS COMMONWEALTH FOR THE
14 PURPOSE OF SCRAPPING, DISMANTLING OR DESTROYING THE VEHICLE
15 UNLESS THE CERTIFICATE OF TITLE HAS BEEN ENDORSED WITH
16 AUTHORIZATION TO SALVAGE THE VEHICLE. UPON RECEIPT OF THE
17 CERTIFICATE OF TITLE AND APPLICATION FOR AUTHORIZATION TO
18 SALVAGE A VEHICLE, THE DEPARTMENT WILL ISSUE TO THE APPLICANT
19 OR THEIR DESIGNEE A CERTIFICATE OF TITLE ENDORSED WITH
20 AUTHORIZATION TO SALVAGE THE VEHICLE. A PERSON WHO PURCHASES
21 A VEHICLE TO BE SCRAPPED, DISMANTLED OR DESTROYED SHALL APPLY
22 FOR AUTHORIZATION TO SALVAGE THE VEHICLE WITHIN TEN DAYS.
23 (2) An owner who receives the replacement value of a
24 WRECKED vehicle from an insurer as defined in the act of July <--
25 19, 1974 (P.L.489, No.176), known as the "Pennsylvania No-
26 fault Motor Vehicle Insurance Act," or the insurer or other
27 transferee, if title to the vehicle is transferred, shall be <--
28 required to comply with this section. APPLY FOR AUTHORIZATION <--
29 TO SALVAGE THE VEHICLE WITHIN TEN DAYS.
30 * * * <--
19770H1171B3316 - 18 -
1 (3) ANY PERSON WHO PURCHASES IN ANOTHER STATE A WRECKED <--
2 VEHICLE WHOSE OWNER RECEIVED ITS REPLACEMENT VALUE FROM AN
3 INSURER SHALL APPLY FOR AUTHORIZATION TO SALVAGE THE VEHICLE
4 WITHIN TEN DAYS OF ENTRY OF THE VEHICLE INTO THIS
5 COMMONWEALTH.
6 (4) NO FEE SHALL BE PAYABLE FOR ISSUANCE OF A
7 CERTIFICATE OF TITLE ENDORSED WITH AUTHORIZATION TO SALVAGE.
8 HOWEVER, IF THE APPLICANT WISHES THE TITLE TO BE ISSUED IN
9 THE NAME OF A SALVOR, SCRAP METAL PROCESSOR OR OTHER PERSON,
10 THE APPLICABLE TITLE FEE SHALL BE PAYABLE. ANY SUBSEQUENT
11 ASSIGNMENT OF THE TITLE SHALL ALSO REQUIRE PAYMENT OF THE
12 APPLICABLE FEE.
13 [(B) ISSUANCE AND EFFECT OF CERTIFICATE OF JUNK.--UPON
14 PROPER APPLICATION FOR A CERTIFICATE OF JUNK, THE DEPARTMENT
15 SHALL ISSUE TO THE TRANSFEREE A CERTIFICATE OF JUNK WHICH SHALL
16 AUTHORIZE THE HOLDER TO POSSESS, TRANSPORT, OR BY ENDORSEMENT,
17 TRANSFER OWNERSHIP IN THE JUNKED VEHICLE, AND A CERTIFICATE OF
18 TITLE SHALL NOT AGAIN BE ISSUED FOR THE VEHICLE EXCEPT UPON
19 APPLICATION CONTAINING THE INFORMATION THE DEPARTMENT REQUIRES,
20 ACCOMPANIED BY ANY NECESSARY DOCUMENTS OR ARTICLES.]
21 [(C)] (B) VEHICLES WITH DEFECTIVE OR LOST TITLE.--ANY PERSON
22 ON WHOSE PROPERTY IS LOCATED A VEHICLE WHICH IS VALUELESS EXCEPT
23 FOR [JUNK] SALVAGE AND WHICH HAS A FAULTY, LOST OR DESTROYED
24 TITLE MAY TRANSFER THE VEHICLE TO A SALVOR OR TO A SALVAGE
25 PROGRAM OPERATED BY A POLITICAL SUBDIVISION FOR REMOVAL TO A
26 SUITABLE PLACE OF STORAGE OR FOR SCRAPPING, PROVIDED THE SALVOR
27 OR SALVAGE PROGRAM COMPLIES WITH THE REQUIREMENTS OF SECTION
28 7309 (RELATING TO JUNKING OF VEHICLES VALUELESS EXCEPT FOR
29 [JUNK] SALVAGE), EXCEPT THAT THE REPORT TO THE DEPARTMENT THAT
30 THE VEHICLE IS VALUELESS EXCEPT FOR [JUNK] SALVAGE SHALL BE
19770H1171B3316 - 19 -
1 VERIFIED BY THE TRANSFEROR OF THE VEHICLE INSTEAD OF THE POLICE
2 DEPARTMENT. THE TRANSFEREE SHALL RETURN THE ASSIGNED CERTIFICATE
3 OF TITLE TO THE DEPARTMENT IMMEDIATELY WITH AN APPLICATION FOR
4 [CERTIFICATE OF JUNK] VEHICLE SALVAGE AUTHORIZATION UPON A FORM
5 FURNISHED AND PRESCRIBED BY THE DEPARTMENT.
6 [(d)] (C) Reconstructed vehicle.--If THE TITLE TO a vehicle, <--
7 other than an antique or [classic] historic MOTOR vehicle, [for <--
8 which a certificate of junk has been issued is thereafter
9 restored to operating condition, it shall be regarded as a
10 reconstructed vehicle] HAS BEEN ENDORSED WITH AUTHORIZATION TO <--
11 SALVAGE THE VEHICLE AND THE VEHICLE IS THEREAFTER RESTORED TO
12 OPERATING CONDITION, THE SALVAGE AUTHORIZATION ENDORSEMENT MAY
13 BE REMOVED IN FAVOR OF AN ENDORSEMENT AS A RECONSTRUCTED VEHICLE
14 UPON PAYMENT OF THE APPLICABLE FEE.
15 [(e)] (D) Transfer to scrap metal processor.-- <--
16 (1) When a scrap metal processor obtains a [destroyed or <--
17 junked] SALVAGED vehicle from a licensed [salvor,] vehicle <--
18 salvage dealer it shall be the duty of the [salvor] vehicle <--
19 salvage dealer to obtain [a certificate of junk] THE SALVAGE <--
20 AUTHORIZATION ENDORSEMENT therefor. When a scrap metal
21 processor purchases a [destroyed or junked] SALVAGED vehicle <--
22 from a person other than a [salvor,] vehicle salvage dealer, <--
23 it shall be the duty of the scrap metal processor to obtain
24 the [certificate of junk] SALVAGE AUTHORIZATION ENDORSEMENT <--
25 UNLESS THE TRANSFEROR HAS PREVIOUSLY OBTAINED THE SALVAGE
26 AUTHORIZATION ENDORSEMENT.
27 (2) WHEN A VEHICLE, WHICH HAS BEEN DESTROYED, IS
28 TRANSFERRED TO A SCRAP METAL PROCESSOR NO ASSIGNMENT OF A
29 TITLE ENDORSED WITH AN AUTHORIZATION TO SALVAGE THE VEHICLE
30 SHALL BE REQUIRED. AS USED IN THIS PARAGRAPH, "DESTROYED"
19770H1171B3316 - 20 -
1 MEANS THAT THE VEHICLE HAS BEEN CRUSHED, COMPRESSED, SHREDDED
2 OR OTHERWISE IRREVERSIBLY RENDERED UNUSABLE AS A VEHICLE.
3 [(f)] (E) Penalty.--Any person violating the provisions of <--
4 [subsections] subsection (a) or [(e)] (D) is guilty of a summary <--
5 offense and shall, upon conviction, be sentenced to pay a fine
6 of $200 for each violation.
7 § 1118. Suspension and cancellation of certificate of title.
8 (A) RETURN OF [NEW] VEHICLE.--THE DEPARTMENT MAY CANCEL THE <--
9 CERTIFICATE OF TITLE ISSUED FOR A [NEW] VEHICLE WHEN IT IS SHOWN
10 BY SATISFACTORY EVIDENCE THAT THE VEHICLE HAS BEEN RETURNED
11 WITHIN THE TIME SPECIFIED IN THE DEPARTMENT REGULATIONS TO THE
12 MANUFACTURER OR DEALER FROM WHOM OBTAINED.
13 (B) VEHICLES SOLD TO NONRESIDENTS OR [JUNKED] SALVAGED.--THE
14 DEPARTMENT MAY CANCEL CERTIFICATES OF TITLE FOR VEHICLES SOLD TO
15 RESIDENTS OF OTHER STATES OR FOREIGN COUNTRIES WHEN THE VEHICLE
16 IS TO BE REGISTERED IN THE OTHER JURISDICTION, OR FOR ABANDONED
17 OR DESTROYED VEHICLES AUTHORIZED TO BE [JUNKED] SALVAGED AS
18 PROVIDED IN THIS SUBCHAPTER.
19 * * *
20 (f) Nonpayment of fee.--The department may suspend a
21 certificate of title when a check received in payment of [the] <--
22 ANY fee FOR TITLE OR REGISTRATION OF THE VEHICLE is not paid on <--
23 demand or when the fee [for the certificate] is unpaid and <--
24 owing. The suspension shall remain in effect until the required
25 fee and penalty have been paid.
26 * * *
27 § 1119. APPLICATION FOR OR ASSIGNMENT OF CERTIFICATE OF <--
28 TITLE BY AGENT.
29 (A) [AUTHORIZATION TO MAKE APPLICATION.--NO] GENERAL RULE.--
30 EXCEPT AS PROVIDED IN SUBSECTION (B), NO PERSON SHALL MAKE
19770H1171B3316 - 21 -
1 APPLICATION FOR OR ASSIGN A CERTIFICATE OF TITLE WHEN ACTING FOR
2 ANOTHER PERSON UNLESS AUTHORIZATION TO MAKE THE APPLICATION OR
3 ASSIGNMENT IS IN EFFECT AND IS VERIFIED BY OATH OR AFFIRMATION
4 OF THE OTHER PERSON. [, MADE, EXCEPTING AS BETWEEN LESSORS AND
5 FLEET OWNERS AS LESSEES, NOT MORE THAN 15 DAYS BEFORE THE
6 APPLICATION IS RECEIVED BY THE DEPARTMENT. LESSORS MAY AUTHORIZE
7 FLEET OWNERS TO MAKE APPLICATION FOR CERTIFICATES OF TITLE FOR
8 LEASED VEHICLES FOR PERIODS OF UP TO ONE YEAR.]
9 (B) [CERTIFICATE NOT TO BE ASSIGNED IN BLANK.--NO PERSON
10 SHALL MAKE APPLICATION FOR, OR ASSIGN OR PHYSICALLY POSSESS, A
11 CERTIFICATE OF TITLE, OR DIRECT OR ALLOW ANOTHER PERSON IN HIS
12 EMPLOY OR CONTROL TO MAKE APPLICATION FOR, OR ASSIGN OR
13 PHYSICALLY POSSESS, A CERTIFICATE OF TITLE, UNLESS THE NAME OF
14 THE TRANSFEREE IS PLACED ON THE ASSIGNMENT OF CERTIFICATE OF
15 TITLE SIMULTANEOUSLY WITH THE NAME OF THE TRANSFEROR AND DULY
16 NOTARIZED.] EXCEPTION.--EXECUTIVE OFFICERS OF CORPORATIONS AND
17 ASSOCIATIONS AND PARTNERS OR SOLE PROPRIETORS OF UNINCORPORATED
18 BUSINESSES ARE NOT REQUIRED TO HAVE WRITTEN AUTHORIZATION FROM
19 THE CORPORATION, ASSOCIATION OR UNINCORPORATED BUSINESS.
20 [(C) PERSONS AUTHORIZED TO HOLD CERTIFICATE.--NO PERSON
21 SHALL RECEIVE, OBTAIN OR HOLD A CERTIFICATE OF TITLE RECORDED IN
22 THE NAME OF ANOTHER PERSON FOR THE OTHER PERSON WHO IS NOT IN
23 THE REGULAR EMPLOY OF, OR NOT A MEMBER OF THE FAMILY OF, THE
24 OTHER PERSON, UNLESS THE PERSON RECEIVING, OBTAINING OR HOLDING
25 THE CERTIFICATE OF TITLE HAS A VALID UNDISCHARGED LIEN RECORDED
26 IN THE DEPARTMENT AGAINST THE VEHICLE REPRESENTED BY THE
27 CERTIFICATE OF TITLE.]
28 [(D)] (C) PENALTY.--ANY PERSON VIOLATING ANY OF THE
29 PROVISIONS OF THIS SECTION IS GUILTY OF A SUMMARY OFFENSE AND
30 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $100.
19770H1171B3316 - 22 -
1 § 1120. CERTIFICATE OF TITLE TO CONTAIN NAME OF TRANSFEREE.
2 (A) GENERAL RULE.--NO PERSON SHALL MAKE APPLICATION FOR, OR
3 ASSIGN OR PHYSICALLY POSSESS, A CERTIFICATE OF TITLE, OR DIRECT
4 OR ALLOW ANOTHER PERSON IN HIS EMPLOY OR CONTROL TO MAKE
5 APPLICATION FOR, OR ASSIGN OR PHYSICALLY POSSESS, A CERTIFICATE
6 OF TITLE, UNLESS THE NAME OF THE TRANSFEREE IS PLACED ON THE
7 ASSIGNMENT OF CERTIFICATE OF TITLE SIMULTANEOUSLY WITH THE NAME
8 OF THE TRANSFEROR AND THE TRANSACTION IS DULY NOTARIZED.
9 (B) PENALTY.--ANY PERSON VIOLATING ANY OF THE PROVISIONS OF
10 THIS SECTION IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON
11 CONVICTION, BE SENTENCED TO PAY A FINE OF $100.
12 § 1121. PERSONS AUTHORIZED TO POSSESS CERTIFICATE OF TITLE.
13 (A) GENERAL RULE.--NO PERSON SHALL RECEIVE, OBTAIN OR HOLD A
14 CERTIFICATE OF TITLE RECORDED IN THE NAME OF ANOTHER PERSON FOR
15 THE OTHER PERSON WHO IS NOT IN THE REGULAR EMPLOY OF, OR NOT A
16 MEMBER OF THE FAMILY OF, THE OTHER PERSON, UNLESS THE PERSON
17 RECEIVING, OBTAINING OR HOLDING THE CERTIFICATE OF TITLE HAS A
18 VALID UNDISCHARGED LIEN RECORDED IN THE DEPARTMENT AGAINST THE
19 VEHICLE REPRESENTED BY THE CERTIFICATE OF TITLE.
20 (B) PENALTY.--ANY PERSON VIOLATING ANY OF THE PROVISIONS OF
21 THIS SECTION IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON
22 CONVICTION, BE SENTENCED TO PAY A FINE OF $100.
23 § 1138. DURATION OF LIEN RECORDED ON CERTIFICATE OF TITLE.
24 (A) GENERAL RULE.--A SECURITY INTEREST RECORDED ON A
25 CERTIFICATE OF TITLE IS EFFECTIVE FOR A PERIOD OF 15 YEARS IN
26 THE CASE OF A MOBILE HOME AND IN ALL OTHER CASES FIVE YEARS
27 DATING FROM THE TIME OF PERFECTION AS PROVIDED FOR IN THIS
28 SUBCHAPTER.
29 (B) RENEWAL OF LIEN.--THE EFFECTIVENESS OF A LIEN RECORDED
30 ON THE CERTIFICATE OF TITLE LAPSES ON THE EXPIRATION OF THE
19770H1171B3316 - 23 -
1 PERIODS SPECIFIED IN SUBSECTION (A) UNLESS A CONTINUATION
2 STATEMENT IS FILED WITHIN THE SIX MONTHS IMMEDIATELY PRECEDING
3 EXPIRATION. THE LIEN MAY BE RENEWED FOR AS MANY ONE-YEAR PERIODS
4 AS MAY BE NECESSARY BY THE HOLDER OF THE SECURITY INTEREST UPON
5 A FORM FURNISHED BY THE DEPARTMENT, SIGNED BY THE SECURED PARTY
6 AND ACCOMPANIED BY THE FEE PROVIDED IN THIS TITLE.
7 (C) CORRECTED CERTIFICATE WHEN LIEN EXPIRES.--A CORRECTED
8 CERTIFICATE OF TITLE WITHOUT A STATEMENT OF LIENS OR
9 ENCUMBRANCES SHALL BE ISSUED BY THE DEPARTMENT, UPON THE REQUEST
10 OF THE OWNER, WHEN THE SECURITY INTERESTS RECORDED ON THE
11 CERTIFICATE OF TITLE HAVE EXPIRED.
12 § 1301. [Driving unregistered vehicle prohibited.]
13 Registration and certificate of title required.
14 (a) Driving unregistered vehicle prohibited.--NO PERSON <--
15 SHALL DRIVE AND NO OWNER SHALL KNOWINGLY[It is a summary offense <--
16 for any person to drive or for an owner knowingly to] permit to <--
17 be driven upon any highway any vehicle [of a type required to be <--
18 registered under this chapter] NOT EXEMPT FROM REGISTRATION <--
19 which is not registered or for which the appropriate fee has not
20 been paid when and as required in this title.
21 (b) Certificate of title required PREREQUISITE TO <--
22 REGISTRATION.--No vehicle shall be registered unless a
23 certificate of title has been applied for or issued if one is <--
24 required by Chapter 11 (relating to certificate of title and
25 security interests).
26 § 1302. Vehicles [subject to] exempt from registration.
27 [(a) General rule.--No vehicle shall be operated upon any
28 highway in this Commonwealth until the vehicle is properly
29 registered with the department as provided in this chapter.
30 (b) Exceptions.--Subsection (a) does not apply to the
19770H1171B3316 - 24 -
1 following:]
2 (a) General rule.--The following types of vehicles are <--
3 exempt from registration in accordance with section 1301 <--
4 (relating to registration and certificate of title required):
5 (1) Any vehicle USED in conformance with the provisions <--
6 of this chapter relating to dealers, persons registered under
7 any of the miscellaneous motor vehicle business classes or
8 nonresidents.
9 (2) Any implement of husbandry or trailer determined by
10 the department to be used exclusively for agricultural
11 operations and only incidentally operated upon highways.
12 [(i) A certificate of exemption shall be required
13 for trailers.
14 (ii)] Vehicles exempt from registration under this
15 paragraph shall be used exclusively upon a farm or farms
16 owned or operated by the owner of the vehicle or upon
17 highways between:
18 [(A)] (i) Parts of one such farm.
19 [(B)] (ii) [Farms] Such farms located not more than
20 25 miles apart.
21 [(C)] (iii) [A farm] Such farm or farms and a place
22 of business [located within a radius of 25 miles from the
23 farm] for the purpose of buying or selling agricultural
24 commodities or supplies or for [the inspection] delivery,
25 repair or servicing of the vehicle.
26 (3) Any self-propelled golf cart used for the
27 transportation of persons engaged in the game of golf while
28 crossing any public highway during any game of golf.
29 (4) Any oversized vehicle which can only be moved by
30 special permit as provided for in sections 4961(a)(1)
19770H1171B3316 - 25 -
1 (relating to authority to issue permits), 4965 (relating to
2 single permits for multiple highway crossings), 4966
3 (relating to permit for movement of quarry or mining
4 equipment) and 4970 (relating to permit for movement of
5 utility construction equipment) OR WHICH IS EXEMPT FROM THE <--
6 REQUIREMENT FOR A SPECIAL PERMIT UNDER SECTION 4963 (RELATING
7 TO EXEMPTIONS FOR VEHICLES USED IN STATE HIGHWAY
8 CONSTRUCTION).
9 (5) Any vehicle registered and displaying plates issued
10 in a foreign country by the armed forces of the United States
11 for a period of 45 days from the date of [the return of the
12 owner to the United States] entry of the vehicle into this
13 Commonwealth.
14 (6) Any vehicle owned by a resident legally required to
15 be registered in another state based and used principally
16 outside of this Commonwealth.
17 (7) Any vehicle moved solely by human or animal power.
18 (8) Any self-propelled invalid wheel chair OR ANY DEVICE <--
19 DESIGNED AND USED FOR TRANSPORTING AN INVALID ON A WHEEL
20 CHAIR.
21 (9) Any mobile home.
22 (10) Any riding lawnmower OR SNOWPLOW with an engine not <--
23 exceeding 16 h.p. A HORSEPOWER RATING DETERMINED BY THE <--
24 DEPARTMENT.
25 (11) Any trailer determined by the department to be used
26 exclusively for construction operations and only incidentally
27 operated upon the highway.
28 (12) Any farm truck used exclusively upon a farm or
29 farms owned or operated by the owner of the vehicle.
30 (i) Such a farm truck may be driven upon highways
19770H1171B3316 - 26 -
1 only from sunrise to sunset and between:
2 (A) Parts of one such farm.
3 (B) Such farms located not more than ten miles
4 apart.
5 (C) Such farm or farms and a place of business
6 located within a radius of ten miles from the farm or
7 farms for the purpose of buying or selling
8 agricultural commodities or supplies.
9 (D) Such farm or farms and a place of business
10 located within a radius of 25 miles from such farm or
11 farms for the purpose of repair or servicing of the
12 farm truck.
13 (ii) A biannual BIENNIAL certificate of exemption <--
14 shall be required for such a farm truck.
15 (13) ANY TRAILER REGISTERED IN ANOTHER STATE TOWED BY A <--
16 COMBINATION REGISTERED IN THIS COMMONWEALTH PROVIDED:
17 (I) THE OWNER HAS AS MANY TRAILERS REGISTERED IN
18 THIS COMMONWEALTH AS COMBINATIONS SO REGISTERED; OR
19 (II) THE TOWING VEHICLE IS BEING OPERATED UNDER A
20 PERMANENT LEASE TO A PERSON MEETING THE REQUIREMENTS OF
21 SUBPARAGRAPH (I).
22 (14) ANY CONSTRUCTION STORAGE TRAILER.
23 [(c) Certificate of title required.--No vehicle shall be
24 registered unless a certificate of title has been obtained, if
25 one is required by Chapter 11 (relating to certificate of title
26 and security interests).]
27 (b) Registration by certain residents in another state.-- <--
28 (1) No person who is a resident of this Commonwealth or
29 who is a resident of more than one state, including this
30 Commonwealth, and has declared himself to be a Commonwealth
19770H1171B3316 - 27 -
1 resident, shall register a passenger vehicle in another state
2 and subsequently operate such passenger vehicle in this
3 Commonwealth on a regular basis.
4 (2) Any person violating the provisions of this
5 subsection shall be guilty of a summary offense and shall pay
6 a mandatory fine of $500.
7 § 1303. VEHICLES OF NONRESIDENTS EXEMPT FROM REGISTRATION. <--
8 (A) GENERAL RULE.--A NONRESIDENT OWNER OF ANY FOREIGN
9 VEHICLE MAY OPERATE OR PERMIT THE OPERATION OF THE VEHICLE
10 WITHIN THIS COMMONWEALTH WITHOUT REGISTERING THE VEHICLE IN THIS
11 COMMONWEALTH OR PAYING ANY FEES TO THE COMMONWEALTH, PROVIDED
12 THE VEHICLE AT ALL TIMES WHEN OPERATED IN THIS COMMONWEALTH IS
13 DULY REGISTERED WHERE REQUIRED AND IN FULL COMPLIANCE WITH THE
14 REGISTRATION REQUIREMENTS OF THE PLACE OF RESIDENCE OF THE OWNER
15 AND FURTHER PROVIDED THE VEHICLE IS NOT:
16 (1) USED FOR THE TRANSPORTATION OF PERSONS FOR HIRE,
17 COMPENSATION OR PROFIT;
18 (2) REGULARLY OPERATED IN CARRYING ON BUSINESS WITHIN
19 THIS COMMONWEALTH;
20 (3) DESIGNED, USED OR MAINTAINED PRIMARILY FOR THE
21 TRANSPORTATION OF PROPERTY FOR HIRE, COMPENSATION OR PROFIT
22 AND NOT SUBJECT TO RECIPROCITY UNDER SECTION 6144 (RELATING
23 TO VEHICLE REGISTRATION AND LICENSING) OR 6149 (RELATING TO
24 AUTOMATIC RECIPROCITY); OR
25 [(4) SPECIAL MOBILE EQUIPMENT IF NOT ALSO REQUIRED TO BE
26 AND ACTUALLY REGISTERED UNDER THE LAWS OF THE PLACE OF
27 RESIDENCE OF THE OWNER.]
28 * * *
29 [(E) TRAILER AS PART OF REGISTERED COMBINATION.--ANY MOTOR
30 VEHICLE REGISTERED AS A COMBINATION IN THIS COMMONWEALTH MAY TOW
19770H1171B3316 - 28 -
1 A TRAILER REGISTERED IN ANOTHER STATE PROVIDED:
2 (1) THE OWNER HAS AS MANY TRAILERS REGISTERED IN THIS
3 COMMONWEALTH AS COMBINATIONS SO REGISTERED; OR
4 (2) THE TOWING VEHICLE IS BEING OPERATED UNDER A
5 PERMANENT LEASE TO A PERSON MEETING THE REQUIREMENTS OF
6 PARAGRAPH (1).]
7 § 1304. Registration criteria.
8 * * *
9 (d) Maximum registered gross weight.--No truck, truck
10 tractor or trailer shall be registered at a gross weight in
11 excess of the lowest of:
12 (1) the limiting weights established on the basis of
13 axle load, tire load, horsepower or gross weight by type of
14 vehicles;
15 (2) the gross vehicle weight rating assigned by the
16 manufacturer; or
17 (3) a combination weight greater than the gross
18 combination weight rating.
19 In the case of a vehicle in which no gross vehicle weight rating
20 or gross combination weight rating is assigned by the
21 manufacturer or where the vehicle has been altered subsequent to
22 manufacture to change its weight bearing capacity, an equivalent
23 rating [shall] may be determined by the department on the basis
24 of the vehicle's horsepower, braking ability, axle limitations
25 and such other factors related to safe operation as may be
26 established by regulations of the department. The limitations of
27 this subsection do not apply to motor vehicles registered prior
28 to July 1, 1977 or if the manufacturers MANUFACTURER'S Statement <--
29 of Origin indicates that the vehicle is a 1977 model year OR <--
30 EARLIER.
19770H1171B3316 - 29 -
1 * * *
2 § 1305. Application for registration.
3 (a) General rule.--Application for the registration of a
4 vehicle shall be made to the department upon the appropriate
5 form or forms furnished by the department. The application shall
6 contain the full name and address of the owner or owners; the
7 make, [model,] year and vehicle identification number of the
8 vehicle; and such other information as the department may
9 require including information pertaining to insurance.
10 Applicants for registration of a truck, truck tractor, trailer
11 or bus shall provide the vehicle's Gross Vehicle Weight Rating
12 (GVWR), or the Gross Combination Weight Rating (GCWR), as
13 applicable. If the manufacturer's ratings are not available, the
14 applicant shall provide sufficient information as to the
15 horsepower, braking capacity and such other data as necessary
16 for the department to determine an equivalent measure of the
17 vehicle's hauling and stopping capability. If the applicant
18 wishes to register a vehicle at a registered gross weight less
19 than the gross vehicle weight rating, the application shall
20 include information as to weight, load and any other such
21 information as the department may require. The application shall
22 be accompanied by [proof of insurance and] the applicable fee.
23 * * * <--
25 TAXICABS.--BEFORE REGISTERING ANY BUS OR [TAXI] TAXICAB WHICH IS
26 REQUIRED UNDER THE LAWS OF THIS COMMONWEALTH TO OBTAIN A
27 CERTIFICATE OF PUBLIC CONVENIENCE FROM THE PENNSYLVANIA PUBLIC
28 UTILITY COMMISSION, THE DEPARTMENT SHALL REQUIRE EVIDENCE THAT
29 THE CERTIFICATE HAS BEEN ISSUED AND HAS NOT BEEN REVOKED OR HAS
30 NOT EXPIRED.
19770H1171B3316 - 30 -
1 (C) DESIGNATION OF LESSEE AS REGISTRANT.--THE OWNER AS
2 LESSOR MAY DESIGNATE THE LESSEE AS THE REGISTRANT OF THE VEHICLE
3 AND THE NAME AND ADDRESS OF THE LESSEE MAY BE SUBSTITUTED ON THE
4 REGISTRATION CARD FOR THE ADDRESS OF THE LESSOR. THE DEPARTMENT
5 SHALL DESIGNATE THE RELATIONSHIP UPON THE CARD IN A MANNER IT
6 DEEMS APPROPRIATE. THIS SUBSECTION IS APPLICABLE ONLY FOR THE
7 PERIOD DURING WHICH THE LEASE REMAINS IN EFFECT.
8 § 1306. Grounds for refusing registration.
9 The department shall refuse registration [and] or renewal or
10 transfer of registration when any of the following circumstances
11 exists:
12 (1) The applicant is not entitled to registration under
13 the provisions of this chapter.
14 (2) The applicant has at registration or titling
15 neglected or refused to furnish the department with the
16 information required on the appropriate official form, or any
17 reasonable additional information required by the department.
18 (3) The department has reasonable grounds to believe
19 that the application contains false or fraudulent
20 information, or that the vehicle is stolen, which fact the
21 department shall ascertain by reference to the stolen vehicle
22 file required to be maintained under section 7114 (relating
23 to records of stolen vehicles), or that the granting of
24 registration would constitute a fraud against the rightful
25 owner or other person having a valid lien upon the vehicle.
26 (4) [The fees required by law] Any fees required by this
27 title have not been paid.
28 (5) The vehicle is not constructed or equipped as
29 required by this title.
30 (6) The registration of the vehicle stands suspended for
19770H1171B3316 - 31 -
1 any reason as provided for in this title.
2 § 1307. Period of registration.
3 * * *
4 (e) Antique and [classic] historic vehicles.--Antique and
5 [classic] historic motor vehicle registrations shall expire upon
6 the junking, scrapping or transfer of ownership of the vehicle,
7 except that if the transfer is between spouses or between parent
8 and child the registration may be transferred upon payment of a
9 transfer fee.
10 § 1309. Renewal of registration.
11 Prior to the expiration of each registration, the department
12 shall send to the registrant an application for renewal of
13 registration. The application shall contain the full name and
14 address of the owner or owners; the make and vehicle
15 identification number of the vehicle; and such other information
16 as the department may require including information pertaining <--
17 to insurance. Upon return of the application, accompanied by
18 [proof of insurance and] the applicable fee, the department
19 shall send to the registrant a renewed registration card.
20 Failure to receive a renewal application shall not relieve a
21 registrant from the responsibility to renew the registration.
22 § 1310. TEMPORARY REGISTRATION CARDS. <--
23 (A) GENERAL RULE.--THE DEPARTMENT SHALL PROVIDE TEMPORARY
24 REGISTRATION CARDS FOR USE PENDING ISSUANCE OR TRANSFER OF
25 PERMANENT REGISTRATION CARDS. TEMPORARY REGISTRATION CARDS MAY
26 BE DELIVERED TO DESIGNATED AGENTS WHO SHALL HAVE THE AUTHORITY
27 TO ISSUE THEM IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
28 DEPARTMENT. ANY AGENT ISSUING TEMPORARY REGISTRATION CARDS IN
29 VIOLATION OF DEPARTMENT REGULATIONS IS GUILTY OF A SUMMARY
30 OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE
19770H1171B3316 - 32 -
1 OF $300.
2 (B) DURATION.--TEMPORARY REGISTRATION CARDS SHALL BE VALID
3 FOR SUCH PERIOD AS THE DEPARTMENT SHALL DESIGNATE.
4 (C) CHARGES BY DESIGNATED AGENT.--A DESIGNATED AGENT MAY NOT
5 CHARGE ANY FEE FOR ISSUING A TEMPORARY REGISTRATION CARD OTHER
6 THAN NOTARY FEES.
7 § 1311. Registration card to be signed and [exhibited on
8 demand] in possession of driver.
9 (a) Signing card.--Upon receiving the registration card or
10 any duplicate, the registrant shall sign his name in the space
11 provided.
12 (b) [Carrying and exhibiting card] Driver to possess card.--
13 Every registration card shall, at all times while the vehicle is
14 being operated upon a highway, be in the possession of the
15 person driving or in control of the vehicle or carried in the
16 vehicle. [and shall be exhibited upon demand of any police
17 officer.]
18 (c) Production to avoid [penalty] prosecution.--No person
19 shall be [convicted of] charged with violating this section or <--
20 section [1302 (relating to vehicles [subject to] exempt from <--
21 registration)] 1301 (RELATING TO REGISTRATION AND CERTIFICATE OF <--
22 TITLE REQUIRED) if the person produces[at the office of the <--
23 issuing authority [or] at the office of the [arresting] <--
24 investigating police officer] within five days of the <--
25 violation[, a registration card valid in this Commonwealth at
26 the time of the arrest.]:
27 (1) a registration card valid in this Commonwealth at
28 the time of the arrest VIOLATION; or <--
29 (2) if the registration card is lost, stolen, destroyed
30 or illegible, a notarized or photostatic copy of an
19770H1171B3316 - 33 -
1 application for a duplicate MADE PRIOR TO THE DATE OF THE <--
2 VIOLATION.
3 § 1312. NOTICE OF CHANGE OF NAME OR ADDRESS.
4 ANY PERSON WHOSE ADDRESS IS CHANGED FROM THE ADDRESS NAMED IN
5 THE APPLICATION FOR REGISTRATION OR ON THE REGISTRATION CARD OR
6 WHOSE NAME IS CHANGED SHALL, WITHIN 15 DAYS, NOTIFY THE
7 DEPARTMENT [IN WRITING] ON A DEPARTMENT FORM OF THE OLD AND NEW
8 ADDRESS, OR OF SUCH FORMER AND NEW NAMES, AND OF THE
9 [OPERATOR'S] REGISTRATION NUMBER ON ANY REGISTRATION CARD THEN
10 HELD BY THE PERSON.
11 § 1313. Duplicate registration cards.
12 * * *
13 [(c) Affidavit to avoid penalty.--No owner or operator of a
14 vehicle shall be subject to a fine for failure to have the
15 registration card if the owner or operator makes affidavit that
16 the card was lost or stolen within the period of 20 days
17 preceding and that application for new registration card was
18 made within 48 hours as required in this section.]
19 § 1315. OPERATION OF VEHICLE FOLLOWING DEATH OF OWNER. <--
20 WHEN THE OWNER OF A VEHICLE IS DECEASED, THE VEHICLE MAY BE
21 OPERATED BY OR FOR ANY HEIR OR PERSONAL REPRESENTATIVE OF THE
22 DECEDENT FOR THE REMAINDER OF THE CURRENT REGISTRATION PERIOD
23 AND, IF THE REGISTRATION IS RENEWED IN THE NAME OF THE
24 DECEDENT'S ESTATE AS OTHERWISE REQUIRED BY THIS CHAPTER,
25 THROUGHOUT THE NEXT FOLLOWING REGISTRATION PERIOD[, PROVIDED
26 THAT THE REGISTRATION IS RENEWED IN THE NAME OF THE DECEDENT'S
27 ESTATE AS OTHERWISE REQUIRED BY THIS CHAPTER]. REGISTRATION MAY
28 CONTINUE TO BE RENEWED THEREAFTER IN THE NAME OF THE DECEDENT'S
29 ESTATE BY ANY PERSON ENTITLED TO THE FAMILY EXEMPTION UNTIL THE
30 FINAL ACCOUNT IS APPROVED BY THE COURT.
19770H1171B3316 - 34 -
1 § 1331. Issuance of registration plates.
2 * * *
3 (E) ISSUANCE OF PLATES BY AGENTS.--THE DEPARTMENT MAY <--
4 DELIVER REGISTRATION PLATES, OTHER THAN SPECIAL PLATES, TO
5 DESIGNATED AGENTS, WHO SHALL HAVE THE AUTHORITY TO ISSUE THEM IN
6 CONJUNCTION WITH THE ISSUANCE OF TEMPORARY REGISTRATION CARDS.
7 ANY AGENT ISSUING REGISTRATION PLATES IN VIOLATION OF DEPARTMENT
8 REGULATIONS IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON
9 CONVICTION, BE SENTENCED TO PAY A FINE OF $300.
10 (f) Registration plates for trucks and truck tractors.--The
11 department shall immediately establish and implement a system to <--
12 insure that all trucks and truck tractors of Class 11 or higher
13 registered pursuant to this title and subject to the fees
14 established for such classes by section 1916 (relating to trucks
15 and truck tractors) receive, at each annual registration, a new
16 registration plate which is clearly distinguishable from the
17 registration plates issued for the prior two years.
18 § 1333. Lost, stolen, damaged or illegible registration plate.
19 * * *
20 (c) [Affidavit] Proof of application to avoid penalty.--No
21 owner or operator of a vehicle shall be subject to a fine for
22 the reason that the registration plate is missing if they have
23 in their possession [an affidavit that the plate was lost or
24 stolen and that] a notarized or photostatic copy of an
25 application for new plate or plates [was made within 48 hours]
26 MADE as required in this section. <--
27 § 1334. Return of registration plate.
28 (a) General rule.--Registration plates shall be returned to
29 the department under the following circumstances:
30 (1) A registration plate shall be returned if the
19770H1171B3316 - 35 -
1 [registrant no longer has a vehicle titled in this
2 Commonwealth.] ownership of the vehicle is transferred unless
3 the registration plate is transferred with the vehicle or to
4 another vehicle as provided in section 1314 (relating to
5 transfer of registration).
6 (2) A legislative registration plate shall be returned
7 on the expiration or termination of the term of office of the
8 legislative member.
9 (3) A dealer or "Miscellaneous Motor Vehicle Business"
10 registration plate shall be returned if the business is
11 discontinued.
12 (4) A handicapped registration plate shall be returned
13 if the person to whom it was issued no longer qualifies under
14 section 1338 (relating to handicapped plate).
15 * * *
16 § 1335. REGISTRATION PLATES FOR MANUFACTURERS AND DEALERS. <--
17 (A) GENERAL RULE.--THE DEPARTMENT SHALL ISSUE TO DEALERS AND
18 MANUFACTURERS LICENSED BY THE STATE BOARD OF MOTOR VEHICLE
19 MANUFACTURERS, DEALERS AND SALESMEN OF THE DEPARTMENT OF STATE
20 SPECIAL REGISTRATION PLATES WHICH MAY BE DISPLAYED ON VEHICLES
21 OPERATING ON HIGHWAYS IN LIEU OF REGISTERING EACH VEHICLE
22 INDIVIDUALLY [IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION
23 1302(A) (RELATING TO VEHICLES SUBJECT TO REGISTRATION)].
24 (B) APPLICATION FOR PLATES.--APPLICATION FOR DEALER OR
25 MANUFACTURER REGISTRATION PLATES SHALL BE MADE BY THE DEALER OR
26 MANUFACTURER ON A FORM PROVIDED BY THE DEPARTMENT TOGETHER WITH
27 A COPY OF HIS LICENSE FROM THE STATE BOARD OF MOTOR VEHICLE
28 MANUFACTURERS, DEALERS AND SALESMEN.
29 (C) EXEMPTION FROM INDIVIDUAL REGISTRATION.--VEHICLES
30 DISPLAYING DEALER OR MANUFACTURER REGISTRATION PLATES MAY BE
19770H1171B3316 - 36 -
1 OPERATED ON THE HIGHWAY WITHOUT REGISTERING EACH VEHICLE
2 INDIVIDUALLY, PROVIDED THAT THE PLATES ARE USED IN ACCORDANCE
3 WITH THE LIMITATIONS OF SECTION 1336 (RELATING TO USE OF DEALER
4 OR MANUFACTURER REGISTRATION PLATES).
5 § 1336. Use of dealer OR MANUFACTURER registration plates. <--
6 * * * <--
7 (A) GENERAL RULE.--DEALER OR MANUFACTURER REGISTRATION <--
8 PLATES MAY BE USED ON ANY VEHICLE OWNED OR IN POSSESSION OF A
9 DEALER OR MANUFACTURER AND OPERATED BY THE DEALER OR
10 MANUFACTURER OR THEIR EMPLOYEES ONLY WHEN THE VEHICLE IS USED
11 FOR ANY OF THE FOLLOWING PURPOSES:
12 (1) IN THE BUSINESS OF THE REGISTRANT AS A DEALER OR
13 MANUFACTURER EXCEPT THAT A DEALER OR MANUFACTURER
14 REGISTRATION PLATE SHALL NOT BE USED ON A WRECKER.
15 (2) FOR THE PERSONAL PLEASURE OR USE OF THE DEALER OR
16 MEMBERS OF HIS IMMEDIATE FAMILY, OR WHEN THE DEALER IS A
17 CORPORATION, FOR THE PERSONAL PLEASURE OR USE OF THE OFFICERS
18 OR MEMBERS OF THEIR IMMEDIATE FAMILIES, OR FOR THE PERSONAL
19 USE OF THE REGULAR EMPLOYEES OF THE DEALER.
20 (3) FOR TEACHING STUDENTS ENROLLED IN AN APPROVED DRIVER
21 EDUCATION COURSE HOW TO OPERATE A VEHICLE AND FOR THE NEW
22 DRIVER TO TAKE AN EXAMINATION FOR A DRIVER'S LICENSE.
23 (4) FOR TESTING VEHICLES IN THE POSSESSION OF THE DEALER
24 OR MANUFACTURER.
25 (5) FOR DEMONSTRATING VEHICLES IN THE POSSESSION OF THE
26 DEALER OR MANUFACTURER.
27 (6) FOR LOANING TO CUSTOMERS WHOSE VEHICLES ARE BEING
28 REPAIRED.
29 (7) FOR LOANING TO PROSPECTIVE PURCHASERS FOR A PERIOD
30 NOT EXCEEDING FIVE DAYS FOR THE PURPOSE OF DEMONSTRATING
19770H1171B3316 - 37 -
1 VEHICLES.
2 (B) RECORDS.--RECORDS SHALL BE KEPT BY THE DEALER OR
3 MANUFACTURER IN A MANNER PRESCRIBED BY THE DEPARTMENT INDICATING
4 WHICH VEHICLES HAVE BEEN USED AS PROVIDED IN SUBSECTION (A)(3),
5 (6) AND (7). THE RECORDS SHALL BE OPEN TO INSPECTION BY
6 REPRESENTATIVES OF THE DEPARTMENT AND POLICE OFFICERS.
7 (c) Motorcycle and motorized pedalcycle dealer plates.--
8 Motorcycle and motorized pedalcycle dealer OR MANUFACTURER <--
9 plates used as provided in subsection (a)(1) may only be used on
10 motorcycles and motorized pedalcycles, as the case may be.
11 § 1337. Use of "Miscellaneous Motor Vehicle Business"
12 registration plates.
13 (a) General rule.--The department shall issue to owners of
14 miscellaneous motor vehicle businesses special registration
15 plates which may be displayed on vehicles operated on highways
16 in lieu of registering each vehicle individually [in accordance <--
17 with the requirements of section 1302(a) (relating to vehicles
18 [subject to] exempt from registration)]. Registration plates <--
19 issued under this section may be used only when the vehicle is
20 used [for [any] of] the following purposes: <--
21 (1) In the conduct of the miscellaneous motor vehicle
22 business EXCEPT THAT A "MISCELLANEOUS MOTOR VEHICLE BUSINESS" <--
23 REGISTRATION PLATE SHALL NOT BE USED ON A WRECKER.
24 (2) For the personal pleasure or use of the owner of the
25 miscellaneous motor vehicle business or members of their
26 immediate family, or when the business is a corporation, for
27 the pleasure or use of not more than three officers or
28 members of their immediate families, or for the personal use
29 of the regular employees of the business when operated by the
30 employee.
19770H1171B3316 - 38 -
1 (3) For loaning to customers whose vehicles are being
2 repaired.
3 (4) IN THE CASE OF A FLEET OWNER, FOR PICKUP OR DELIVERY <--
4 OF THEIR VEHICLES.
5 * * *
6 (c) Classes of "Miscellaneous Motor Vehicle Business".--
7 (1) Repair[, service and towing] OR SERVICE.--Any person <--
8 engaged in the repair[, service or towing] OR SERVICE of <--
9 motor vehicles.
10 (2) Vehicle salvage dealer.--Any person who maintains an
11 established place of business and who is engaged in the
12 business of buying, selling or exchanging used, wrecked or
13 abandoned vehicles and junkers for the purpose of remodeling,
14 taking apart, or rebuilding the same, or buying or selling of
15 parts.
16 (3) Transporter.--A person regularly engaged in the
17 business of transporting new or used vehicles [or new and
18 used trailers] on their own wheels, owned by or in possession
19 of a registered dealer.
20 (4) [Financier] Financer or collector-repossessor.--A
21 person who is [duly] authorized BY THE DEPARTMENT OF BANKING <--
22 to do business in this Commonwealth as a [financier] financer
23 or collector-repossessor and who is regularly engaged in the
24 business of financing sales, making loans on the security of
25 vehicles or repossessing vehicles which are the subject of
26 installment sales contracts as an independent contractor.
27 (5) FLEET OWNER.--A PERSON OR ENTITY DEFINED IN THIS <--
28 TITLE AS A FLEET OWNER.
29 § 1338. Handicapped plate.
30 On the application of any person who:
19770H1171B3316 - 39 -
1 (1) does not have full use of a leg or both legs or an
2 arm or both arms OR BOTH HANDS; <--
3 (2) is blind; [or] <--
4 (3) is the spouse, parent or person [in loco parentis of <--
5 a person specified in paragraph (1) or (2)] UNABLE TO MOVE <--
6 WITHOUT THE AID OF A MECHANICAL DEVICE;
7 (4) SUFFERS FROM LUNG DISEASE TO SUCH AN EXTENT THAT HIS
8 FORCED (RESPIRATORY) EXPIRATORY VOLUME FOR ONE SECOND WHEN
9 MEASURED BY SPIROMETRY IS LESS THAN ONE LITER OR HIS
10 ARTIFICIAL OXYGEN TENSION (PO2) IS LESS THAN 60MM/HG ON ROOM
11 AIR AT REST; OR
12 (5) IS A PARENT OR A PERSON IN LOCO PARENTIS OF A PERSON
13 SPECIFIED IN PARAGRAPH (1), (2), (3) OR (4);
14 the department shall issue a special registration plate for [one
15 passenger car or other vehicle] passenger cars or other vehicles
16 with a registered gross weight of not more than 9,000 pounds,
17 designating the vehicle so licensed as being used by a
18 handicapped person. Special plates for handicapped persons may
19 also be issued for vehicles operated exclusively for the use and
20 benefit of handicapped persons.
21 § 1340. Antique and [classic] historic plates.
22 (a) General rule.--Upon submission by a vehicle owner of
23 information satisfactory to the department that a motor vehicle
24 is an antique motor vehicle or [classic] historic motor vehicle,
25 accompanied by the appropriate fee, the department may issue
26 special plates for the vehicle. No annual registration fee may
27 be charged for antique or [classic] historic motor vehicles.
28 (b) Use of plates.--It is unlawful for any person to operate
29 a vehicle with antique or [classic] historic registration plates
30 for general daily transportation. Permitted use shall be limited
19770H1171B3316 - 40 -
1 to participation in club activities, exhibits, tours, parades,
2 occasional transportation and similar uses.
3 § 1341. Personal plate. <--
4 (a) General rule.--Upon request by the applicant, the
5 department [may] shall issue registration plates consisting of
6 any combination of numbers, letters or numbers and letters.
7 These special plates may be issued for special groups or for
8 special purposes and bear an appropriate designation. [They
9 shall have the same force and effect as regular registration
10 plates.] The department may refuse any combination of letters
11 and numbers for cause and shall adopt reasonable rules and
12 regulations for the issuance of the plates and for carrying out
13 the provisions of this section. [The applicant shall comply with
14 all laws and regulations pertaining to registration including
15 the payment of any additional fees.]
16 (b) Amateur radio operators.--Upon request by an applicant
17 who holds a valid Federal Communications Commission amateur
18 radio station license, the department shall issue a registration
19 plate which shall carry the call letters of the amateur radio
20 station.
21 (c) Veterans.--On the application of a veteran whose status
22 is certified by the United States Veterans Administration, the
23 department shall issue a special registration plate designating
24 the vehicle as belonging to a veteran. The registration plate
25 shall have the word "veteran", in at least ten-point bold type,
26 inscribed on the bottom of the plate.
27 (d) Status of plates.--The plates shall have the same force
28 and effect as regular registration plates and the applicant
29 shall comply with all laws and regulations pertaining to
30 registration including the payment of any additional fees.
19770H1171B3316 - 41 -
1 § 1342. Disabled veteran plate.
2 On the application of a [totally] disabled veteran, whose
3 disability is certified by the United States Veterans'
4 Administration as service-connected, the department shall issue
5 a special registration plate designating the vehicle as
6 belonging to a [totally] disabled veteran. The registration
7 plate shall have a white background, shall have blue numbers or
8 letters as the department may determine, and shall have the
9 words, "disabled veteran," in at least ten-point bold type,
10 inscribed in red at the bottom of the plate. The special
11 registration plate may be used only on one passenger vehicle or
12 one other vehicle with a registered gross weight of not more
13 than 9,000 pounds.
14 § 1343. USE OF SCHOOL BUS PLATES. <--
15 (A) GENERAL RULE.--A MOTOR VEHICLE BEARING SCHOOL BUS
16 REGISTRATION PLATES SHALL BE USED EXCLUSIVELY FOR THE
17 TRANSPORTATION OF CHILDREN AND [NO MORE THAN FIVE] CHAPERONS TO
18 OR FROM PUBLIC, PRIVATE, PAROCHIAL OR SUNDAY SCHOOL OR IN
19 CONNECTION WITH ANY PUBLIC, PRIVATE, PAROCHIAL OR SUNDAY SCHOOL-
20 RELATED ACTIVITY. EXCEPT WHEN TRANSPORTING CHILDREN TO AND FROM
21 PUBLIC, PRIVATE, PAROCHIAL OR SUNDAY SCHOOL OR PUBLIC, PRIVATE,
22 PAROCHIAL OR SUNDAY SCHOOL-RELATED ACTIVITIES, THE WORDS "SCHOOL
23 BUS" ON THE FRONT AND REAR OF THE VEHICLE SHALL BE CONCEALED AND
24 THE RED AND AMBER VISUAL SIGNALS SHALL NOT BE OPERABLE.
25 (B) PENALTY.--ANY PERSON VIOLATING THIS SECTION IS GUILTY OF
26 A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO
27 PAY A FINE OF $25.
28 § 1344. Use of farm truck plates.
29 (a) General rule.--A truck bearing farm truck registration
30 plates shall be used exclusively upon a farm or farms owned or
19770H1171B3316 - 42 -
1 operated by the registrant of the vehicle or upon highways
2 between:
3 (1) Parts of one such farm.
4 (2) [Farms located not more than 25 miles apart.] Such
5 farms.
6 (3) [A] Such a farm or farms and a place of business
7 [located within a radius of 50 miles from the farm or farms]
8 for the purpose of buying or selling agricultural commodities
9 or supplies or for the inspection, repair or servicing of the
10 vehicle.
11 (b) Penalty.--Any person violating this section is guilty of
12 a summary offense and shall, upon conviction, be sentenced to
13 pay a fine of [$25] $50 and shall, upon conviction for a second
14 or subsequent offense, be sentenced to pay a fine of $200.
15 § 1345. USE OF WRECKER PLATES. <--
16 (A) GENERAL RULE.--NO VEHICLE SHALL BE OPERATED AS A WRECKER
17 UNLESS IT BEARS A WRECKER REGISTRATION PLATE.
18 (B) EXCEPTION.--A TRUCK OR TRUCK TRACTOR REGISTERED IN CLASS
19 4 OR HIGHER MAY OPERATE AS A WRECKER WITHOUT A WRECKER
20 REGISTRATION PLATE.
21 § 1371. OPERATION FOLLOWING SUSPENSION OF REGISTRATION.
22 (A) GENERAL RULE.--NO PERSON SHALL OPERATE AND NO OWNER
23 SHALL PERMIT TO BE OPERATED UPON ANY HIGHWAY A VEHICLE THE
24 REGISTRATION OF WHICH HAS BEEN SUSPENDED.
25 (B) REGISTRATION OUTSIDE COMMONWEALTH PROHIBITED.--NO PERSON
26 SHALL REGISTER IN ANOTHER STATE A VEHICLE FOR WHICH THE
27 REGISTRATION IS UNDER SUSPENSION IN THIS COMMONWEALTH.
28 [(B)] (C) PENALTY.--ANY PERSON VIOLATING THIS SECTION IS
29 GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
30 SENTENCED TO PAY A FINE OF NOT LESS THAN $100 NOR MORE THAN
19770H1171B3316 - 43 -
1 $500.
2 § 1373. Suspension of registration.
3 The department may suspend any registration [after providing
4 opportunity for a hearing] in any of the following cases when
5 the department finds upon sufficient evidence that:
6 (1) The vehicle is unsafe or unfit for operation or is
7 not equipped as required by this title.
8 (2) The owner or registrant has made, or permitted to be
9 made, any unlawful use of the vehicle or registration plate
10 or plates, or registration card, or permitted the use by a
11 person not entitled thereto.
12 (3) The owner or registrant has knowingly made a false
13 statement or knowingly concealed a material fact or otherwise
14 committed a fraud in any application or form required to be
15 filed by this title.
16 (4) [Upon the request or order of any] A court of record <--
17 REQUESTED OR ORDERED THE SUSPENSION. <--
18 (5) [The required fee has not been paid.] A check
19 received in payment of the fee ANY FEE FOR TITLE OR <--
20 REGISTRATION OF THE VEHICLE is not paid on demand or when the
21 fee for the registration is unpaid and owing. This suspension <--
22 shall remain in effect until the required fee and penalty
23 have been paid.
24 (6) The registrant or any agent or employee has
25 repeatedly violated any of the provisions of this chapter or
26 Chapter 11 (relating to certificate of title and security
27 interests).
28 § 1374. Suspension of vehicle business registration plates.
29 (a) General rule.--The department may suspend registration
30 plates for dealers, manufacturers or members of the
19770H1171B3316 - 44 -
1 "Miscellaneous Motor Vehicle Business" class after providing
2 opportunity for a hearing in any of the following cases when the
3 department finds upon sufficient evidence that:
4 (1) The registrant is no longer entitled to licensing as
5 a dealer or manufacturer or to registration in the
6 "Miscellaneous Motor Vehicle Business" class.
7 (2) The registrant has made or permitted to be made any
8 unlawful use of the vehicle or registration plate or plates
9 or registration card or permitted the use by a person not
10 entitled thereto.
11 (3) The registrant has knowingly made a false statement
12 or knowingly concealed a material fact or otherwise committed
13 a fraud in any application.
14 (4) The registrant has failed to give notice of transfer
15 of ownership or of the destruction or [junking] SALVAGING of <--
16 any vehicle when and as required by this title.
17 (5) The registrant has failed to deliver to a transferee
18 lawfully entitled thereto or to the department, when and as
19 required by this title, a properly assigned certificate of
20 title.
21 (6) The registrant has repeatedly violated any of the
22 provisions of this title OR OF DEPARTMENT REGULATIONS. <--
23 (7) [Any fee payable to the Commonwealth in connection
24 with the operation of the business of the registrant has not
25 been paid.] A check received payable to the Commonwealth in
26 connection with the operation of the business of the
27 registrant is not paid on demand or when any fee is unpaid <--
28 and owing. This suspension shall remain in effect until the
29 required fee and penalty have been paid.
30 * * * <--
19770H1171B3316 - 45 -
1 (B) [RECOMMENDED ACTION BY STATE LICENSING BOARD] AUDITS AND <--
2 INVESTIGATIONS.--THE DEPARTMENT AND THE PENNSYLVANIA STATE
3 POLICE MAY [ALSO] AUDIT AND INVESTIGATE DEALERS AND
4 MANUFACTURERS [REGISTERED BY THE STATE BOARD OF MOTOR VEHICLE
5 MANUFACTURERS, DEALERS AND SALESMEN] TO DETERMINE WHETHER ANY
6 DEALER OR MANUFACTURER HAS VIOLATED ANY PROVISION OF THIS TITLE
7 PERTAINING TO DEALERS OR MANUFACTURERS OR ANY REGULATION
8 PROMULGATED BY THE DEPARTMENT.
9 (C) RECOMMENDING ACTION BY STATE LICENSING BOARD.--THE
10 DEPARTMENT MAY RECOMMEND THAT THE STATE BOARD OF MOTOR VEHICLE
11 MANUFACTURERS, DEALERS AND SALESMEN SUSPEND THE LICENSE OF ANY
12 DEALER OR MANUFACTURER WHICH IT FINDS HAS COMMITTED A VIOLATION
13 AND THE BOARD SHALL TAKE PROMPT ACTION ON ANY SUCH
14 RECOMMENDATIONS UNDER THE ACT OF SEPTEMBER 9, 1965 (P.L.499,
15 NO.154), KNOWN AS THE "MOTOR VEHICLE MANUFACTURER'S, DEALER'S
16 AND SALESMEN'S LICENSE ACT."
17 § 1375. SUSPENSION OF REGISTRATION OF UNAPPROVED CARRIERS.
18 (A) GENERAL RULE.--THE DEPARTMENT SHALL SUSPEND THE
19 REGISTRATION OF ANY VEHICLE UPON THE PRESENTATION TO THE
20 DEPARTMENT OF A CERTIFICATE OF THE PENNSYLVANIA PUBLIC UTILITY
21 COMMISSION SETTING FORTH, AFTER HEARING AND INVESTIGATION, THAT
22 THE COMMISSION HAS FOUND AND DETERMINED THAT THE VEHICLE HAS
23 BEEN OPERATED AS A COMMON CARRIER OR CONTRACT CARRIER BY MOTOR
24 VEHICLE WITHIN THIS COMMONWEALTH WITHOUT THE APPROVAL OF THE
25 COMMISSION WHERE REQUIRED AND EITHER THAT NO APPEAL WAS FILED
26 FROM SUCH DETERMINATION IN THE MANNER AND WITHIN THE TIME
27 PROVIDED BY LAW OR THAT THE DETERMINATION WAS AFFIRMED ON
28 APPEAL.
29 (B) RESCISSION OF SUSPENSION.--ANY SUSPENSION OF
30 REGISTRATION UNDER THIS SECTION MAY BE RESCINDED BY THE
19770H1171B3316 - 46 -
1 DEPARTMENT UPON THE PETITION OF THE OWNER OF SUCH VEHICLE OR OF
2 THE LESSEE PROVIDED THE PETITION IS ACCOMPANIED BY A CERTIFICATE
3 OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION SETTING FORTH THAT
4 THE COMMISSION DOES NOT OBJECT TO THE RESCISSION.
5 § 1501. DRIVERS REQUIRED TO BE LICENSED.
6 * * *
7 (C) LIMITATION ON NUMBER OF LICENSES.--NO PERSON SHALL
8 RECEIVE A DRIVER'S LICENSE UNLESS AND UNTIL THE PERSON
9 SURRENDERS TO THE DEPARTMENT ALL VALID LICENSES IN THE PERSON'S
10 POSSESSION ISSUED BY THIS OR ANY OTHER STATE. ALL SURRENDERED
11 LICENSES ISSUED BY ANOTHER STATE SHALL BE RETURNED TO THAT
12 STATE, TOGETHER WITH INFORMATION THAT THE PERSON IS LICENSED IN
13 THIS COMMONWEALTH. NO PERSON SHALL BE PERMITTED TO HAVE MORE
14 THAN ONE VALID DRIVER'S LICENSE AT ANY TIME. THIS SECTION SHALL
15 NOT PREVENT ISSUANCE OF A CLASS 4 LICENSE TO A DULY LICENSED
16 NONRESIDENT WHO SATISFIES THE REQUIREMENTS OF SECTION 1509
17 (RELATING TO QUALIFICATIONS FOR SCHOOL BUS DRIVER'S LICENSE).
18 (D) PENALTY.--ANY PERSON VIOLATING SUBSECTION (A) IS GUILTY
19 OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO
20 PAY A FINE OF $200, EXCEPT THAT, IF THE PERSON CHARGED FURNISHES
21 SATISFACTORY PROOF OF HAVING HELD A VALID DRIVER'S LICENSE
22 ISSUED DURING THE PRECEDING DRIVER'S LICENSE PERIOD [AND NO MORE
23 THAN 30 DAYS HAVE ELAPSED FROM THE LAST DATE FOR RENEWAL,] THE
24 FINE SHALL BE $25. NO PERSON CHARGED WITH VIOLATING
25 [SUBSECTIONS] SUBSECTION (A) OR (B) SHALL BE CONVICTED IF THE
26 PERSON PRODUCES AT THE OFFICE OF THE ISSUING AUTHORITY [OR THE
27 ARRESTING POLICE OFFICER] WITHIN FIVE DAYS [A DRIVER'S LICENSE
28 VALID IN THIS COMMONWEALTH AT THE TIME OF THE ARREST.] OF THE
29 VIOLATION:
30 (1) A DRIVER'S LICENSE VALID IN THIS COMMONWEALTH AT THE
19770H1171B3316 - 47 -
1 TIME OF THE VIOLATION; OR
2 (2) IF THE DRIVER'S LICENSE IS LOST, STOLEN, DESTROYED
3 OR ILLEGIBLE, A NOTARIZED OR PHOTOSTATIC COPY OF AN
4 APPLICATION FOR A DUPLICATE MADE PRIOR TO THE VIOLATION.
5 § 1502. Persons exempt from licensing.
6 The following persons are not required to obtain a driver's
7 license under this chapter:
8 * * *
9 (3) Any nonresident who is at least 16 years of age and
10 who has in possession a valid driver's license issued in the
11 person's home state or country except that a person who has
12 been issued a valid driver's license in a country other than
13 the United States or Canada shall be exempt only upon showing
14 a satisfactory understanding of official traffic-control
15 devices. A nonresident [may] shall only] SHALL drive ONLY the <--
16 class or classes of vehicles in this Commonwealth [for] which <--
17 the person is licensed to drive in the person's home state or
18 country subject to all restrictions contained on the license, <--
19 EXCEPT THAT A NONRESIDENT SHALL NOT BE AUTHORIZED TO DRIVE A
20 SCHOOL BUS UNLESS THEY HAVE SATISFIED THE REQUIREMENTS OF
21 SECTION 1509 (RELATING TO QUALIFICATIONS FOR SCHOOL BUS
22 DRIVER'S LICENSE).
23 * * *
24 § 1503. Persons ineligible for licensing.
25 (a) [General rule] Suspension of operating privilege.--The <--
26 department SHALL NOT ISSUE A DRIVER'S LICENSE TO ANY PERSON <--
27 WHOSE OPERATING PRIVILEGE IS SUSPENDED OR REVOKED IN ANY OTHER
28 STATE AND shall [not issue [any] A driver's license to, or renew <--
29 the driver's license of,] suspend the operating privilege of any <--
30 person:
19770H1171B3316 - 48 -
1 (1) Whose operating privilege is suspended or revoked in
2 this [or any other state] Commonwealth [except as otherwise <--
3 provided in this title]. <--
4 [(2) Whose operating privilege is suspended or revoked <--
5 in any other state upon grounds which would authorize the
6 suspension or revocation of the operating privilege under
7 this title.] <--
8 [(3)] (2) Who is a user of alcohol or any controlled <--
9 substance to a degree rendering the user incapable of safely
10 driving a motor vehicle. This paragraph does not apply to any
11 person who is enrolled or otherwise participating in a
12 methadone or other controlled substance treatment program
13 approved by the Governor's Council on Drug and Alcohol Abuse
14 provided that the person is certified to be competent to
15 drive by a physician designated by the Governor's Council on
16 Drug and Alcohol Abuse.
17 [(4)] (3) Who has been adjudged to be afflicted with or <--
18 suffering from any mental disability or disease and who has
19 not at the time of application been restored to competency by
20 the methods provided by law.
21 [(5) Whose name has been submitted under the provisions <--
22 of section 1518 (relating to reports on mental or physical
23 disabilities or disorders).] <--
24 [(6)] (4) Who is required by the department to take an <--
25 examination [until the person has successfully passed the <--
26 examination]. <--
27 [(7)] (5) Who is under 18 years of age except in <--
28 accordance with subsections (b) and (c).
29 [(8) Who has repeatedly violated any of the provisions <--
30 of this chapter. The department shall provide an opportunity
19770H1171B3316 - 49 -
1 for a hearing upon invoking this paragraph.] <--
2 A suspension imposed under this subsection shall remain in <--
3 effect until the cause of the suspension has been rectified.
4 (b) Minors completing training course.--The department shall
5 issue a driver's license to a person 17 years of age who:
6 (1) has successfully completed a driver's training
7 course approved by the [department] Department of Education;
8 and
9 (2) has not been [involved in an accident for which they
10 are partially or fully responsible in the opinion of the
11 department or is] convicted of any violation of this title.
12 (c) Junior driver's license.--The department may issue a
13 junior driver's license to a person 16 or 17 years of age under
14 rules and regulations adopted by the department and subject to
15 the provisions of this section. A junior driver's license shall
16 automatically become a regular driver's license when the
17 licensee attains 18 years of age.
18 (1) Except as provided in paragraph (2), no licensed
19 junior driver shall drive a vehicle upon a [public] highway
20 between 12 midnight and 5 a.m. unless accompanied by a spouse
21 18 years of age or older, a parent or a person in loco
22 parentis.
23 (2) [A licensed junior driver conforming to the
24 requirements of section 1507 (relating to application for
25 driver's license or learner's permit by minor) may drive a
26 vehicle upon a public highway between 12 midnight and 5 a.m.
27 between their home and their activity or employment or in the
28 course of their activity or employment if they are a member
29 of a volunteer fire company authorized by the fire chief to
30 engage in fighting fires, engaged in public or charitable
19770H1171B3316 - 50 -
1 service or employed and they are carrying] The restrictions
2 contained in paragraph (1) do not apply to any licensed
3 junior driver while engaged in or commuting to or from their
4 place of employment or public or charitable service, or to
5 any licensed junior driver who is a full member of a
6 volunteer fire company while actually engaged in or commuting
7 to or from a fire. Such junior driver must carry and exhibit
8 upon demand to any police officer or authorized person an
9 affidavit signed by their fire chief, supervisor or employer
10 indicating the probable schedule of their activities. Upon
11 termination of the junior driver's activity or employment,
12 the junior licensee shall surrender the affidavit to the fire
13 chief, supervisor or employer. If the junior licensee shall
14 fail to surrender the affidavit, the employer, fire chief or
15 supervisor shall immediately notify the [Pennsylvania State
16 Police] police.
17 (3) In addition to the other provisions of this title
18 relating to the suspension or revocation of operating
19 privileges, in the event that a licensed junior driver is
20 [involved in an accident for which they are partially or
21 fully responsible in the opinion of the department or is]
22 convicted of any violation of this title, the department may
23 suspend the operating privileges of such person until the
24 person attains 18 years of age or for a period of time not
25 exceeding 90 days.
26 (4) Any junior licensee or other person violating any
27 provision of this subsection is guilty of a summary offense.
28 § 1504. Classes of licenses.
29 * * *
30 (C) QUALIFICATIONS OF APPLICANTS.--THE DEPARTMENT IN <--
19770H1171B3316 - 51 -
1 CONJUNCTION WITH THE PENNSYLVANIA STATE POLICE SHALL ESTABLISH
2 [BY REGULATION] THE QUALIFICATIONS NECESSARY FOR THE SAFE
3 OPERATION OF THE VARIOUS TYPES, SIZES OR COMBINATIONS OF
4 VEHICLES AND THE MANNER OF EXAMINING APPLICANTS TO DETERMINE
5 THEIR QUALIFICATIONS FOR THE TYPE OR GENERAL CLASS OF LICENSE
6 APPLIED FOR.
7 (d) Number and description of classes.--Licenses issued by
8 the department, OTHER THAN JUNIOR DRIVERS' LICENSES, shall be <--
9 classified in the following manner:
10 (1) Class 1.--A Class 1 license shall be issued to those
11 persons who have demonstrated their qualifications to operate
12 a single vehicle not in excess of 30,000 pounds registered
13 gross weight or any such vehicle towing a trailer not in
14 excess of [10,000] 30,000 pounds gross weight. The holder of <--
15 a Class 1 license shall be authorized to operate a motorized <--
16 pedalcycle DRIVE A MOTOR-DRIVEN CYCLE. Any fireman who is the <--
17 holder of a Class 1 license and who has a certificate of
18 authorization from his fire chief shall be authorized to <--
19 operate any vehicle registered to the fire department
20 regardless of the other requirements of this section as to
21 the class of license required. The holder of a Class 1
22 license shall not be deemed qualified to operate buses,
23 school buses or motorcycles unless the license is endorsed as
24 provided in this section.
25 (2) Class 2.--A Class 2 license shall be issued to those <--
26 minors who have been issued a driver's license pursuant to
27 section 1503(b) (relating to minors completing training
28 course) and to those persons [over] 18 years of age] or older <--
29 who have demonstrated their qualifications to operate a
30 single vehicle of over 30,000 pounds registered gross weight
19770H1171B3316 - 52 -
1 or any bus or any such vehicle towing a trailer not in excess
2 of 10,000 pounds gross weight. The holder of a Class 2
3 license shall be deemed qualified to operate those vehicles
4 for which a Class 1 license is issued, but not school buses
5 or motorcycles unless the license is endorsed as provided in
6 this section.
7 (3) Class 3.--A Class 3 license shall be issued to those
8 persons [over] 18 years of age] or older who have <--
9 demonstrated their qualifications to operate a vehicle while
10 in combination with or towing a trailer in excess of 10,000
11 pounds gross weight. The holder of a Class 3 license shall be
12 deemed qualified to operate those vehicles for which a Class
13 1 or Class 2 license is issued, but not school buses or
14 motorcycles unless the license is endorsed as provided in
15 this section.
16 (4) Class 4.--Persons who have qualified to operate
17 school buses in accordance with this title and the rules and
18 regulations promulgated and adopted by the department shall
19 have the qualification endorsed on the license as provided in
20 this section.
21 (5) Class 5.--Those persons who have demonstrated their
22 qualifications to operate a motorcycle, shall have that
23 qualification endorsed on one of the basic classes of license
24 described in this section. [If a] A person [is] qualified
25 only to operate a motorcycle [he] shall be issued a license
26 with only that qualification endorsed on the license.
27 [(6) Class 6.--Those persons who have demonstrated their <--
28 qualifications to operate a motor-driven cycle [or motorized <--
29 pedalcycle] shall have that qualification endorsed on one of <--
30 the basic classes of license described in this section. If a
19770H1171B3316 - 53 -
1 person is qualified only to operate a motor-driven cycle [or <--
2 motorized pedalcycle] he shall be issued a license with only <--
3 that qualification endorsed on the license.] <--
4 (e) Removal of class from license.--
5 (1) The department, having cause to believe that a
6 person is no longer qualified for one or more of the types or
7 classes of licenses enumerated in subsection (a)(2) through
8 (5), may remove the endorsement after 30 days written notice
9 of the removal to the licensee. Any person aggrieved by
10 removal of an endorsement may appeal to the court of common
11 pleas in the manner provided in section 1550 (relating to
12 judicial review).
13 (2) A person with a license endorsed for a class may,
14 upon request, have the endorsement removed by the department
15 without prejudice.
16 (F) PENALTY.--ANY PERSON VIOLATING THE PROVISIONS OF THIS <--
17 SECTION IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON
18 CONVICTION, BE SENTENCED TO PAY A FINE OF $50.
19 (G) PRODUCTION TO AVOID PROSECUTION.--NO PERSON SHALL BE
20 CHARGED WITH VIOLATING THIS SECTION IF THE PERSON PRODUCES AT
21 THE OFFICE OF THE INVESTIGATING OFFICER WITHIN FIVE DAYS OF THE
22 VIOLATION:
23 (1) A DRIVER'S LICENSE ENDORSED AS REQUIRED AND VALID IN
24 THIS COMMONWEALTH AT THE TIME OF THE ARREST; OR
25 (2) IF THE DRIVER'S LICENSE IS LOST, STOLEN, DESTROYED
26 OR ILLEGIBLE, A NOTARIZED OR PHOTOSTATIC COPY OF AN
27 APPLICATION FOR A DUPLICATE.
28 § 1505. Learners' permits.
29 * * *
30 (b) Learner must be accompanied.--A learner's permit
19770H1171B3316 - 54 -
1 entitles the person to whom it was issued to drive vehicles and
2 combinations of vehicles of the class or classes specified, but
3 only while the holder of the learner's permit is accompanied by
4 and under the immediate supervision of a person who:
5 (1) is licensed in this Commonwealth to drive vehicles
6 of the class then being driven by the holder of the learner's
7 permit; and
8 (2) is actually occupying a seat beside the holder of
9 the learner's permit, unless the vehicle is a motorcycle, bus
10 or school bus.
11 (c) Operation of motorcycle.--A motorcycle learner's permit
12 entitles the person to whom it is issued to operate a motorcycle
13 only between sunrise and sunset [and, except for a driver
14 licensed to drive another class of vehicle, only while under the
15 instruction and immediate supervision of a licensed motorcycle
16 operator]. Motorcycle learners shall not carry any passenger
17 other than [an instructor properly] a person licensed to operate
18 a motorcycle.
19 * * *
20 (e) Learners under 18 years of age.--A learner under the age
21 of 18 years shall not drive a vehicle upon a highway between 12
22 midnight and 5 a.m.
23 § 1507. APPLICATION FOR DRIVER'S LICENSE OR LEARNER'S PERMIT <--
24 BY MINOR.
25 * * *
26 (D) WITHDRAWAL OF CONSENT.--ANY PERSON WHO HAS SIGNED THE
27 APPLICATION OF A PERSON UNDER THE AGE OF 18 YEARS FOR A DRIVER'S
28 LICENSE OR LEARNER'S PERMIT MAY THEREAFTER FILE WITH THE
29 DEPARTMENT A VERIFIED WRITTEN REQUEST THAT THE DRIVER'S LICENSE
30 OR LEARNER'S PERMIT OF THE PERSON BE [CANCELLED] SUSPENDED AND
19770H1171B3316 - 55 -
1 THE DEPARTMENT SHALL [CANCEL] SUSPEND THE DRIVER'S LICENSE OR
2 LEARNER'S PERMIT.
3 § 1508. Examination of applicant for driver's license. <--
4 (c) Exception.--The requirements of subsection (b) shall not
5 apply to the issuance of a driver's license to a licensed
6 nonresident upon application if the department, after
7 investigation, finds that the licensing requirements in the
8 state of the nonresident are equal to or higher than the
9 standards of the department and that such state extends
10 reciprocal courtesy to licensed drivers of this Commonwealth.
11 § 1508. EXAMINATION OF APPLICANT FOR DRIVER'S LICENSE. <--
12 (A) GENERAL RULE.--EVERY APPLICANT FOR A DRIVER'S LICENSE
13 SHALL BE EXAMINED FOR THE TYPE OR CLASS OF VEHICLES THAT THE
14 APPLICANT DESIRES TO DRIVE. THE EXAMINATION SHALL INCLUDE A
15 PHYSICAL EXAMINATION BY THE APPLICANT'S PHYSICIAN, A SCREENING
16 TEST OF THE APPLICANT'S EYESIGHT AND A TEST OF THE APPLICANT'S
17 ABILITY TO READ AND UNDERSTAND OFFICIAL TRAFFIC-CONTROL DEVICES,
18 KNOWLEDGE OF SAFE DRIVING PRACTICES AND THE TRAFFIC LAWS OF THIS
19 COMMONWEALTH, AND SHALL INCLUDE AN ACTUAL DEMONSTRATION OF
20 ABILITY TO EXERCISE ORDINARY AND REASONABLE CONTROL IN THE
21 OPERATION OF A MOTOR VEHICLE OF THE TYPE OR CLASS OF VEHICLES
22 FOR WHICH THE APPLICANT DESIRES A LICENSE TO DRIVE. IF THE
23 DEPARTMENT FINDS IT NECESSARY TO FURTHER DETERMINE AN
24 APPLICANT'S FITNESS TO OPERATE A MOTOR VEHICLE SAFELY UPON THE
25 HIGHWAYS THE DEPARTMENT MAY REQUIRE ONE OR MORE OF THE FOLLOWING
26 TYPES OF EXAMINATIONS:
27 (1) A VISION EXAMINATION BY AN OPTOMETRIST OR
28 OPHTHALMOLOGIST.
29 (2) [A] AN ADDITIONAL PHYSICAL EXAMINATION.
30 (3) A MENTAL EXAMINATION.
19770H1171B3316 - 56 -
1 (B) ISSUANCE OF LICENSE TO LICENSED NONRESIDENT.--A DRIVER'S
2 LICENSE MAY BE ISSUED TO A PERSON WHO HAS NOT HAD A LEARNER'S
3 PERMIT BUT WHO AT THE TIME OF APPLICATION IS OF SUFFICIENT AGE
4 AND HAS A VALID DRIVER'S LICENSE ISSUED BY ANOTHER STATE UNDER A
5 LAW REQUIRING THE EXAMINATION AND LICENSING OF DRIVERS,
6 PROVIDING THAT THE APPLICANT DEMONSTRATES KNOWLEDGE AND
7 UNDERSTANDING OF RULES OF THE ROAD AND OFFICIAL TRAFFIC-CONTROL
8 DEVICES AND IS VISUALLY, PHYSICALLY AND MENTALLY FIT. ALSO, THE
9 DEPARTMENT MUST BE SATISFIED THAT THE APPLICANT'S EXPERIENCE IN
10 DRIVING VEHICLES WHICH MAY BE DRIVEN BY HOLDERS OF THE CLASSES
11 OF LICENSES SOUGHT BY THE APPLICANT OTHER THAN A CLASS 1 LICENSE
12 IS SUFFICIENT TO JUSTIFY THE ISSUANCE OF THE LICENSE WITHOUT
13 FURTHER BEHIND-THE-WHEEL TRAINING.
14 § 1509. Qualifications for [Class 4] SCHOOL BUS DRIVER'S <--
15 license.
16 (a) [School bus driver requirements] GENERAL RULE.--No <--
17 person shall be issued a Class 4 license unless the person:
18 (1) has [successfully completed] enrolled in a course of
19 instruction as provided in subsection (c) AND HAS <--
20 SUCCESSFULLY COMPLETED SUCH PORTION OF THE COURSE AS THE
21 DEPARTMENT SHALL REQUIRE;
22 (2) has satisfactorily passed an annual physical
23 examination [to be] given by [the] a physician [for the
24 school district by which the person is employed]; and
25 (3) is 18 years of age or older.
26 * * *
27 § 1511. [Carrying and exhibiting] Driver to possess
28 driver's license. [on demand.]
29 (a) General rule.--Every licensee shall possess [a] their
30 driver's license [issued to the licensee at all times] when
19770H1171B3316 - 57 -
1 driving a motor vehicle. [and shall exhibit the license upon
2 demand by a police officer, and when requested by the police
3 officer the licensee shall write the licensee's name in the
4 presence of the officer in order to provide identity.]
5 (b) Production to avoid [penalty] prosecution.--No person <--
6 shall be [convicted of] charged with violating this section or <--
7 section 1501(a) (relating to drivers required to be licensed) if
8 the person produces at the office of the [issuing authority [or <--
9 the arresting] investigating officer] within five days [a <--
10 driver's license valid in this Commonwealth at the time of the
11 arrest.] of the violation:
12 (1) a driver's license valid in this Commonwealth at the
13 time of the arrest VIOLATION; or <--
14 (2) if the driver's license is lost, stolen, destroyed
15 or illegible, a notarized or photostatic copy of an
16 application for a duplicate MADE PRIOR TO THE VIOLATION. <--
17 § 1513. Duplicate and substitute drivers' licenses and
18 learners' permits.
19 (a) General rule.--If a learner's permit or driver's license
20 issued under the provisions of this chapter is [mutilated,]
21 lost, stolen, destroyed or becomes illegible, the person to whom
22 it was issued, upon furnishing proof satisfactory to the
23 department that the license or permit has been [mutilated,]
24 lost, stolen, destroyed, or has become illegible, shall obtain a
25 duplicate or substitute license or permit upon payment of the
26 required fee.
27 * * *
28 § 1514. Expiration and renewal of drivers' licenses.
29 (a) General rule.--Every driver's license shall expire in
30 the month of the licensee's birthdate at intervals of not more
19770H1171B3316 - 58 -
1 than four years as may be determined by the department. Every
2 license shall be renewable on or before its expiration upon
3 application, payment of the required fee, and satisfactory
4 completion of any examination required or authorized by this
5 chapter.
6 (b) Examination of applicants for renewal.--The department
7 may require persons applying for renewal of a driver's license
8 to take and successfully pass [a physical examination or a
9 vision examination by an optometrist or ophthalmologist, or both
10 examinations,] one or more of the examinations AND TESTS <--
11 authorized under this subchapter if the department has reason to
12 believe, either based on knowledge of the person or on
13 statistical inference, that the person may be a traffic safety
14 hazard. [The department may require the applicant to take and
15 successfully pass such additional tests as the department may
16 find reasonably necessary to determine the applicant's
17 qualification according to the type or general class of license
18 applied for and such examination may include any or all of the
19 other tests required or authorized upon original application by
20 section 1508 (relating to examination of applicant for driver's
21 license)]
22 (1) A vision examination may be administered by an
23 optometrist or by an ophthalmologist, or may be administered
24 at an official examination station.
25 (2) Upon refusal or neglect of the person to submit to
26 [the] any examination, the [driver's license shall not be
27 renewed] operating privilege shall be suspended until such
28 time as the examination is successfully completed.
29 (3) For the purposes of this section, renewal shall
30 include application for a driver's license after a lapse of
19770H1171B3316 - 59 -
1 not more than four years.
2 (c) Reexamination requested by court.--The department shall
3 reexamine any person when requested to do so by a court. Upon
4 the conclusion of such examination, the department may take any
5 of the actions described in subsection (b) and shall report its
6 findings and action to the court if such report is requested.
7 (d) Military personnel and dependents.--Notwithstanding
8 subsection (a), a driver's license held by any person who enters
9 or is on active service in the armed forces of the United States
10 or the spouse or dependent child of the member of the armed
11 forces who resides with such person shall continue in full force
12 and effect so long as the active service continues and the
13 person is absent from this Commonwealth, and for a further
14 period of 45 days following the date of the person's discharge
15 or separation from active service or return to this
16 Commonwealth, unless the driver's license is sooner suspended,
17 cancelled or revoked for cause according to law. A driver's
18 license which otherwise would have expired under subsection (a)
19 shall be valid only if the licensee has in immediate possession,
20 together with the driver's license, papers indicating actual
21 service outside this Commonwealth, or discharge or separation,
22 as the case may be, or proof thereof if a spouse or child.
23 (e) Learner's permit upon examination failure.--Any driver
24 or applicant who fails any driving examination required or
25 authorized under subsection (b) or (c) may be issued a new <--
26 SPECIAL learner's permit AUTHORIZING SUCH PERSON TO DRIVE ONLY A <--
27 MOTOR VEHICLE EQUIPPED WITH DUAL OPERATING CONTROLS OR DEVICES
28 WHILE BEING ACCOMPANIED BY AN INSTRUCTOR OF AN APPROVED DRIVER
29 TRAINING PROGRAM. UPON SUCCESSFUL COMPLETION OF AN APPROVED
30 DRIVER TRAINING PROGRAM, THE DRIVER OR APPLICANT SHALL BE
19770H1171B3316 - 60 -
1 AFFORDED A SPECIAL EXAMINATION BY SUCH AGENCIES AS THE
2 DEPARTMENT MAY DIRECT, AND UPON SUCCESSFUL COMPLETION OF SUCH
3 EXAMINATION THE OPERATING PRIVILEGE SHALL BE RESTORED.
4 § 1515. Notice of change of name or address.
5 (A) GENERAL RULE.--Whenever any person after applying for or <--
6 receiving a driver's license moves from the address named in the
7 application or in the driver's license issued or when the name
8 of a licensee is changed such person shall, within 15 days
9 thereafter, notify the department in writing of the [old and new
10 addresses] new address or of such former and new names and of
11 the number of any license then held by the person.
12 (B) STUDENTS.--A PERSON WHO LIVES AT AN ADDRESS OTHER THAN <--
13 THE ONE SHOWN ON THEIR DRIVER'S LICENSE FOR THE PURPOSE OF
14 ATTENDING A COLLEGE OR OTHER SCHOOL SHALL NOT BE REQUIRED TO
15 NOTIFY THE DEPARTMENT UNDER THIS SECTION UNLESS THE PERSON HAS
16 REGISTERED TO VOTE AT THE LATTER ADDRESS.
17 § 1517. MEDICAL ADVISORY BOARD. <--
18 (A) MEMBERSHIP.--THERE SHALL BE A MEDICAL ADVISORY BOARD
19 CONSISTING OF 13 MEMBERS APPOINTED BY THE SECRETARY. THE BOARD
20 SHALL BE COMPOSED OF AN AUTHORIZED REPRESENTATIVE FROM THE
21 DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF JUSTICE, GOVERNOR'S
22 COUNCIL ON DRUG AND ALCOHOL ABUSE, DEPARTMENT OF HEALTH,
23 PENNSYLVANIA STATE POLICE AND PROFESSIONALS AS FOLLOWS: ONE
24 NEUROLOGIST, ONE DOCTOR OF CARDIOVASCULAR DISEASE, ONE DOCTOR OF
25 INTERNAL MEDICINE, ONE GENERAL PRACTITIONER, ONE
26 OPHTHALMOLOGIST, ONE PSYCHIATRIST, ONE ORTHOPEDIC SURGEON AND
27 ONE OPTOMETRIST.
28 (B) FORMULATION OF [REGULATIONS] CRITERIA.--THE BOARD SHALL
29 FORMULATE [RULES AND REGULATIONS] FOR ADOPTION BY THE DEPARTMENT
30 [ON] PHYSICAL AND MENTAL CRITERIA INCLUDING VISION STANDARDS
19770H1171B3316 - 61 -
1 RELATING TO THE LICENSING OF DRIVERS UNDER THE PROVISIONS OF
2 THIS CHAPTER.
3 § 1518. REPORTS ON MENTAL OR PHYSICAL DISABILITIES OR
4 DISORDERS.
5 (A) DEFINITION OF DISORDERS AND DISABILITIES.--THE MEDICAL
6 ADVISORY BOARD SHALL DEFINE DISORDERS CHARACTERIZED BY LAPSES OF
7 CONSCIOUSNESS OR OTHER MENTAL OR PHYSICAL DISABILITIES AFFECTING
8 THE ABILITY OF A PERSON TO DRIVE SAFELY FOR THE PURPOSE OF THE
9 REPORTS REQUIRED BY THIS SECTION.
10 (B) REPORTS BY MEDICAL PERSONNEL.--ALL PHYSICIANS AND OTHER
11 PERSONS AUTHORIZED TO DIAGNOSE OR TREAT DISORDERS AND
12 DISABILITIES DEFINED BY THE MEDICAL ADVISORY BOARD AT EVERY
13 MENTAL HOSPITAL, INSTITUTION OR CLINIC OR ALCOHOL OR DRUG
14 TREATMENT FACILITY SHALL REPORT TO THE DEPARTMENT, IN WRITING,
15 THE FULL NAME, DATE OF BIRTH AND ADDRESS OF EVERY PERSON OVER 15
16 YEARS OF AGE DIAGNOSED AS HAVING ANY SPECIFIED DISORDER OR
17 DISABILITY WITHIN TEN DAYS.
18 (C) RESPONSIBILITY OF INSTITUTION HEADS.--THE PERSON IN
19 CHARGE OF EVERY MENTAL HOSPITAL, INSTITUTION OR CLINIC[,] OR
20 [ANY] ALCOHOL OR DRUG TREATMENT FACILITY, SHALL BE RESPONSIBLE
21 TO ASSURE THAT REPORTS ARE FILED IN ACCORDANCE WITH SUBSECTION
22 (B).
23 (D) CONFIDENTIALITY OF REPORTS.--THE REPORTS REQUIRED BY
24 THIS SECTION SHALL BE CONFIDENTIAL AND SHALL BE USED SOLELY FOR
25 THE PURPOSE OF DETERMINING THE QUALIFICATIONS OF ANY PERSON TO
26 DRIVE A MOTOR VEHICLE ON THE HIGHWAYS OF THIS COMMONWEALTH.
27 (E) USE OF REPORT AS EVIDENCE.--NO REPORT FORWARDED UNDER
28 THE PROVISIONS OF THIS SECTION SHALL BE USED AS EVIDENCE IN ANY
29 CIVIL OR CRIMINAL TRIAL EXCEPT IN ANY PROCEEDING UNDER SECTION
30 1519(C) (RELATING TO DETERMINATION OF INCOMPETENCY).
19770H1171B3316 - 62 -
1 (F) IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY.--NO CIVIL OR
2 CRIMINAL ACTION MAY BE BROUGHT AGAINST ANY PERSON OR AGENCY FOR
3 PROVIDING THE INFORMATION REQUIRED UNDER THIS SYSTEM.
4 § 1519. Determination of incompetency.
5 (a) General rule.--The department, having cause to believe
6 that a licensed driver or applicant may not be physically or
7 mentally qualified to be licensed, may [obtain the advice of a
8 physician who shall cause an examination to be made or who shall
9 designate any other qualified physician. The licensed driver or
10 applicant may cause a written report to be forwarded to the
11 department by a physician of the driver's or applicant's
12 choice.] require an examination to be given by a qualified
13 physician of the driver's or applicant's choice and such
14 additional EXAMINATIONS AND tests as the department may find <--
15 necessary. Vision qualifications shall be determined by an
16 optometrist or ophthalmologist. [The department shall appoint
17 one or more qualified persons who shall consider all medical
18 reports and testimony and determine the competency of the driver
19 or the applicant to drive.]
20 (b) Review of medical reports DATA.--The department shall <--
21 appoint one or more qualified persons who shall consider all
22 medical reports and testimony.
23 (c) Supplemental driver's test.--The department may also
24 require a supplemental driver's test in order to determine the
25 driving competency of the applicant or driver.
26 (d) Suspension upon refusal.--The department shall suspend
27 the operating privilege of any driver or applicant who refuses
28 to comply with the requirements of this section until such time
29 as the driver or applicant does comply.
30 [(b)] (e) Confidentiality of reports and evidence.--Reports
19770H1171B3316 - 63 -
1 received by the department for the purpose of assisting the
2 department in determining whether a person is qualified to be
3 licensed are for the confidential use of the department and may
4 not be divulged to any person or used as evidence in any trial
5 except that the reports may be admitted in proceedings under
6 [subsection [(c)] (f) SECTION 1550 (RELATING TO JUDICIAL REVIEW) <--
7 and any physician or optometrist conducting an examination
8 pursuant to subsection (a) may be compelled to testify
9 concerning observations and findings in such proceedings. The
10 party calling the physician or optometrist as an expert witness
11 shall be obliged to pay the reasonable fee for such testimony.
12 [(c) Recall] (f) Suspension of operating privilege.--The
13 department shall [recall] suspend the operating privilege of any
14 person whose incompetency has been established under the
15 provisions of this chapter. The [recall] suspension shall be for
16 an indefinite period until satisfactory evidence is presented to
17 the department in accordance with regulations to establish that
18 such person is competent to drive a motor vehicle. [Any person
19 aggrieved by recall of the operating privilege may appeal to the <--
20 court of common pleas in the manner provided in section 1551 <--
21 1550 (relating to judicial review).]
22 § 1532. [Revocation or suspension] Suspension or
23 revocation of operating privilege.
24 (a) [Revocation] One-year suspension.--The department shall
25 [revoke] suspend the operating privilege of any [driver] of a <--
26 motor vehicle PERSON for one year upon receiving a certified <--
27 record of the [driver's] PERSON'S conviction of any of the <--
28 following [offenses]:
29 (1) Any felony in the commission of which [a court] the
30 judge determines that a motor vehicle was essentially
19770H1171B3316 - 64 -
1 involved.
2 (2) Any subsequent [violation of] conviction under <--
3 section 3731 (relating to driving under influence of alcohol
4 or controlled substance) within three years of a prior
5 violation.
6 (3) Any [violation of] conviction under the following <--
7 provisions:
8 Section 3732 (relating to homicide by vehicle).
9 Section 3742 (relating to accidents involving death
10 or personal injury).
11 Section 7102(b) (relating to removal or falsification
12 of identification number).
13 Section 7103(b) (relating to dealing in vehicles with
14 removed or falsified numbers).
15 Section 7111 (relating to dealing in titles and
16 plates for stolen vehicles).
17 Section 7121 (relating to false application for
18 certificate of title or registration).
19 Section 7122 (relating to altered, forged or
20 counterfeit documents and plates).
21 (b) [Suspension] Six-month suspension.--
22 (1) The department shall suspend the operating privilege
23 of any [driver] of a motor vehicle PERSON for six months upon <--
24 receiving a certified record of the [driver's] PERSON'S <--
25 conviction of any [offense under] of the following
26 [provisions]:
27 Section 3367 (relating to racing on highways).
28 Section 3731 (relating to driving under influence of
29 alcohol or controlled substance).
30 Section 3733 (relating to fleeing or attempting to
19770H1171B3316 - 65 -
1 elude police officer).
2 Section 3734 (relating to driving without lights to
3 avoid identification or arrest).
4 Section 3743 (relating to accidents involving damage
5 to attended vehicle or property).
6 Any misdemeanor in the commission of which the judge
7 determines that a motor vehicle was essentially involved
8 except that no person shall be suspended for violating a
9 regulation of the Hazardous Substances Transportation
10 Board unless the board recommends the suspension.
11 (2) The department shall suspend the operating privilege
12 of any [driver] of a motor vehicle PERSON for six months upon <--
13 receiving a certified record of the [driver's] PERSON'S <--
14 conviction of a subsequent offense under [the following
15 provisions:
16 Section 1501(a) (relating to drivers required to be
17 licensed).
18 Section 1543 (relating to driving while operating
19 privilege is suspended or revoked)] section 1501(a)
20 (relating to drivers required to be licensed).
21 [(3) This subsection does not effect an additional
22 period of revocation of the operating privileges of a driver
23 who receives an additional period of revocation for a second
24 or subsequent violation of section 1543.]
25 (c) Court ordered suspensions and revocations ORDER OF <--
26 COMMISSION OR COURT.--The department shall suspend or revoke the
27 operating privilege of any driver upon order of any court or <--
28 commission duly authorized under the laws of this Commonwealth
29 and empowered by such laws to make such orders OR UPON ORDER OF <--
30 ANY COURT.
19770H1171B3316 - 66 -
1 (D) EXCEPTIONS.--THIS SECTION DOES NOT APPLY TO A PERSON WHO
2 WAS OPERATING A PEDALCYCLE OR AN ANIMAL-DRAWN VEHICLE.
3 § 1533. Suspension of operating privilege for failure to
4 respond to [citation] process.
5 (a) General rule VIOLATIONS WITHIN COMMONWEALTH.--The <--
6 department shall suspend the operating privilege of any person
7 who has failed to respond to a citation or summons to appear
8 before a court of competent jurisdiction of this Commonwealth
9 [or of any state] for any violation of this title, other than
10 parking, or who has failed to pay any fine or costs imposed by
11 such court, upon being duly notified in accordance with the <--
12 Pennsylvania Rules of [Civil and] Criminal Procedure GENERAL <--
13 RULES.
14 (B) VIOLATIONS OUTSIDE COMMONWEALTH.--THE DEPARTMENT SHALL <--
15 SUSPEND THE OPERATING PRIVILEGE OF ANY PERSON WHO HAS FAILED TO
16 RESPOND TO A CITATION, SUMMONS OR SIMILAR WRIT TO APPEAR BEFORE
17 A COURT OF COMPETENT JURISDICTION OF ANY STATE WHICH HAS ENTERED
18 INTO AN ENFORCEMENT AGREEMENT WITH THE DEPARTMENT AS AUTHORIZED
19 IN SECTION 6146 (RELATING TO ENFORCEMENT AGREEMENTS) FOR ANY
20 VIOLATION OF THE MOTOR VEHICLE LAWS OF SUCH STATE, OTHER THAN
21 PARKING, OR WHO HAS FAILED TO PAY ANY FINE OR COSTS IMPOSED BY
22 SUCH COURT, UPON BEING DULY NOTIFIED IN ACCORDANCE WITH THE LAWS
23 OF THE JURISDICTION IN WHICH THE VIOLATION OCCURRED.
24 (b) Notification (C) RESPONDING TO SUSPENSION NOTICE.-- <--
25 [There shall be] Before any person is suspended under this
26 section they shall have 15 days to respond to [such] the
27 notification [before suspension is imposed].
28 (c) (D) Period of suspension.--The suspension shall [be for <--
29 an indefinite period] continue until such person shall respond
30 to any THE citation, summons or writ, AS THE CASE MAY BE, and <--
19770H1171B3316 - 67 -
1 pay any fines and penalties imposed. Such suspension shall be in <--
2 addition to the requirement
3 (E) REMEDY CUMULATIVE.--[SUCH] A SUSPENSION UNDER THIS <--
4 SECTION SHALL BE IN ADDITION TO THE REQUIREMENT of withholding
5 renewal or reinstatement of a violator's driver's license as
6 prescribed in section [1503(c)] 1503(a) (relating to persons
7 ineligible for licensing).
8 § 1534. [Notice of acceptance of Accelerative] Acceptance <--
9 of Accelerated Rehabilitative Disposition.
10 [If a person] A driver of a motor vehicle in this <--
11 Commonwealth is deemed to have agreed that if he is arrested for
12 any offense enumerated in section 1532 (relating to [revocation <--
13 or] suspension OR REVOCATION of operating privilege) [and is <--
14 offered and], he accepts [Accelerative] Accelerated <--
15 Rehabilitative Disposition under the Pennsylvania Rules of <--
16 Criminal Procedure[ GENERAL RULES, the]. The court shall <--
17 promptly notify the department. of the arrest and disposition of <--
18 the case.
19 § 1535. Schedule of convictions and points.
20 (a) General rule.--A point system [for driver education and <--
21 control] is hereby established which is related to other <--
22 provisions for use, suspension and revocation of the operating
23 privilege as specified under this title. Every driver licensed
24 in this Commonwealth who is convicted of any of the following
25 offenses shall be assessed points as of the date of violation in
26 accordance with the following schedule:
27 Section Number Offense Points
28 1504 DRIVING WITHOUT PROPER CLASS <--
29 OF LICENSE. 2
30 1512 Violation of restriction on
19770H1171B3316 - 68 -
1 driver's license. 2
2 1571 [Violations] VIOLATION concerning <--
3 [licenses] LICENSE. 3 <--
4 3102 Failure to obey policeman or
5 authorized person. 2
6 3111(a) Disobedience to traffic-control
7 devices DEVICE. 3 <--
8 3112(a)(3)(i) Failure to stop for a red light. 3
9 3114(a)(1) Failure to stop for a flashing
10 red light. 3
11 3302 Failure to yield half of roadway
12 to oncoming vehicle. 3
13 3303 Improper passing. 3
14 3304 Other improper passing. 3
15 3305 Other improper passing. 3
16 3306(a)(1) Other improper passing. 4
17 3306(a)(2) Other improper passing. 3
18 3306(a)(3) Other improper passing. 3
19 3307 Other improper passing. 3
20 3310 Following too closely. 3
21 3321 Failure to yield to driver on the
22 right at intersection. 3
23 3322 Failure to yield to oncoming
24 driver when making left turn. 3
25 3323(b) Failure to stop for stop [signs] <--
26 SIGN. 3 <--
27 3323(C) FAILURE TO YIELD AT YIELD SIGN. 3 <--
28 3324 Failure to yield when entering or
29 crossing roadway between inter-
30 sections. 3
19770H1171B3316 - 69 -
1 3332 Improper turning around. 3
2 3341 Failure to stop for flashing red
3 lights or gate at railroad
4 crossing. 3
5 3344 Failure to stop when entering from
6 alley, driveway or building. 3
7 3345(a) Failure to stop for school bus
8 with flashing red lights. 5
9 (and 30 days suspension)
10 3361 Driving too fast for conditions. 2
11 3362 Exceeding maximum speed.--Over Limit:
12 6-10 2
13 11-15 3
14 16-25 4
15 26-30 5
16 31-over 5
17 (and [departmental <--
18 hearing and sanctions
19 provided under section
20 1538(d)] <--
21 15 DAYS SUSPENSION) <--
22 3365(b) Exceeding special speed limit
23 in school [zones] <--
24 ZONE. 3 <--
25 3365(c) Exceeding special speed limit
26 for trucks on [downgrades] <--
27 DOWNGRADE. 3 <--
28 3542(a) Failure to yield to [pedestrians] <--
29 PEDESTRIAN in crosswalk. 2 <--
30 3547 Failure to yield to pedestrian on
19770H1171B3316 - 70 -
1 sidewalk. 3
2 3549(a) Failure to yield to blind
3 pedestrian. 3
4 3702 Improper backing. 3
5 3714 Reckless driving. 3
6 3745 Leaving scene of accident
7 involving property damage only. 4
8 * * * <--
9 (B) MULTIPLE OFFENSE FROM SAME ACT.--IF A DRIVER IS <--
10 CONVICTED OF TWO OR MORE OFFENSES AS A RESULT OF THE SAME ACT,
11 POINTS SHALL BE ASSESSED ONLY FOR THE OFFENSE FOR WHICH THE
12 GREATEST NUMBER OF POINTS MAY BE ASSESSED.
13 (C) NO POINTS AFTER SIX MONTHS.--THE DEPARTMENT SHALL ASSIGN
14 POINTS TO THE RECORD OF ANY PERSON WITHIN SIX MONTHS FROM THE
15 DATE OF A CONVICTION. ANY POINTS ASSIGNED AFTER SUCH SIX-MONTH
16 PERIOD SHALL BE NULL AND VOID.
17 (D) EXCEPTIONS.--THIS SECTION DOES NOT APPLY TO A PERSON WHO
18 WAS OPERATING A PEDALCYCLE OR AN ANIMAL-DRAWN VEHICLE.
19 § 1537. REMOVAL OF POINTS.
20 (A) GENERAL RULE.--POINTS RECORDED AGAINST ANY PERSON SHALL
21 BE REMOVED AT THE RATE OF THREE POINTS FOR EACH 12 CONSECUTIVE
22 MONTHS IN WHICH SUCH PERSON [HAS NOT COMMITTED] IS NOT UNDER
23 SUSPENSION OR REVOCATION AND DOES NOT COMMIT ANY VIOLATION WHICH
24 RESULTS IN THE ASSIGNMENT OF POINTS OR IN SUSPENSION OR
25 REVOCATION UNDER THIS CHAPTER. [REMOVAL OF POINTS IS GOVERNED BY
26 THE DATE OF VIOLATION.]
27 (B) SUBSEQUENT ACCUMULATION OF POINTS.--WHEN A DRIVER'S
28 RECORD IS REDUCED TO ZERO POINTS AND IS MAINTAINED AT ZERO
29 POINTS FOR 12 CONSECUTIVE MONTHS, ANY ACCUMULATION OF POINTS
30 THEREAFTER SHALL BE REGARDED AS AN INITIAL ACCUMULATION OF
19770H1171B3316 - 71 -
1 POINTS.
2 (C) EFFECT ON SUSPENSION.--POINTS REMOVED UNDER THIS SECTION
3 AFTER THE ACCUMULATION OF 11 OR MORE POINTS SHALL NOT OPERATE TO
4 PREVENT OR REDUCE A SUSPENSION UNDER SECTION 1539 (RELATING TO
5 SUSPENSION OF OPERATING PRIVILEGE ON ACCUMULATION OF POINTS).
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
19770H1171B3316 - 72 -
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.
19770H1171B3316 - 73 -
1 [§ 1538. SCHOOL, EXAMINATION OR HEARING ON ACCUMULATION <--
2 OF POINTS OR EXCESSIVE SPEEDING.
3 (A) INITIAL ACCUMULATION OF SIX POINTS.--WHEN ANY PERSON'S
4 RECORD FOR THE FIRST TIME SHOWS AS MANY AS SIX POINTS, THE
5 DEPARTMENT SHALL REQUIRE THE PERSON TO ATTEND AN APPROVED DRIVER
6 IMPROVEMENT SCHOOL OR UNDERGO A SPECIAL EXAMINATION AND SHALL SO
7 NOTIFY THE PERSON IN WRITING. UPON SATISFACTORY ATTENDANCE AND
8 COMPLETION OF THE COURSE OR UPON PASSING THE SPECIAL
9 EXAMINATION, TWO POINTS SHALL BE REMOVED FROM THE PERSON'S
10 RECORD. FAILURE TO ATTEND AND SATISFACTORILY COMPLETE THE
11 REQUIREMENTS OF DRIVER IMPROVEMENT SCHOOL SHALL RESULT IN THE
12 SUSPENSION OF SUCH PERSON'S OPERATING PRIVILEGE FOR 60 DAYS.
13 FAILURE TO PASS THE EXAMINATION SHALL RESULT IN THE SUSPENSION
14 OF THE OPERATING PRIVILEGE UNTIL THE EXAMINATION HAS BEEN
15 SATISFACTORILY COMPLETED.
16 (B) SECOND ACCUMULATION OF SIX POINTS.--
17 (1) WHEN ANY PERSON'S RECORD HAS BEEN REDUCED BELOW SIX
18 POINTS AND FOR THE SECOND TIME SHOWS AS MANY AS SIX POINTS,
19 THE DEPARTMENT SHALL REQUIRE THE PERSON TO ATTEND A
20 DEPARTMENTAL HEARING. THE HEARING EXAMINER MAY RECOMMEND ONE
21 OR MORE OF THE FOLLOWING:
22 (I) THAT THE PERSON BE REQUIRED TO ATTEND A DRIVER
23 IMPROVEMENT SCHOOL.
24 (II) THAT THE PERSON UNDERGO AN EXAMINATION AS
25 PROVIDED FOR IN SECTION 1508 (RELATING TO EXAMINATION OF
26 APPLICANT FOR DRIVER'S LICENSE).
27 (III) THAT THE PERSON'S DRIVER'S LICENSE BE
28 SUSPENDED FOR A PERIOD NOT EXCEEDING 15 DAYS.
29 (2) THE DEPARTMENT MAY EFFECT OR MODIFY THE
30 RECOMMENDATIONS OF THE HEARING EXAMINER BUT MAY NOT IMPOSE
19770H1171B3316 - 74 -
1 ANY SANCTION NOT RECOMMENDED BY THE HEARING EXAMINER.
2 (3) UPON COMPLETION OF THE SANCTION OR SANCTIONS IMPOSED
3 BY THE DEPARTMENT, TWO POINTS SHALL BE REMOVED FROM THE
4 PERSON'S RECORD.
5 (4) FAILURE TO ATTEND THE HEARING OR TO ATTEND AND
6 SATISFACTORILY COMPLETE THE REQUIREMENTS OF A DRIVER
7 IMPROVEMENT SCHOOL SHALL RESULT IN THE SUSPENSION OF SUCH
8 PERSON'S OPERATING PRIVILEGE FOR 60 DAYS. FAILURE TO PASS AN
9 EXAMINATION SHALL RESULT IN THE SUSPENSION OF SUCH PERSON'S
10 OPERATING PRIVILEGE UNTIL THE EXAMINATION HAS BEEN
11 SATISFACTORILY COMPLETED.
12 (C) SUBSEQUENT ACCUMULATIONS OF SIX POINTS.--WHEN ANY
13 PERSON'S RECORD HAS BEEN REDUCED BELOW SIX POINTS AND FOR THE
14 THIRD OR SUBSEQUENT TIME SHOWS AS MANY AS SIX POINTS, THE
15 DEPARTMENT SHALL REQUIRE THE DRIVER TO ATTEND A DEPARTMENTAL
16 HEARING TO DETERMINE WHETHER THE PERSON'S OPERATING PRIVILEGE
17 SHOULD BE SUSPENDED FOR A PERIOD NOT TO EXCEED 30 DAYS. FAILURE
18 TO ATTEND THE HEARING OR TO COMPLY WITH THE REQUIREMENTS OF THE
19 FINDINGS OF THE DEPARTMENT SHALL RESULT IN THE SUSPENSION OF THE
20 OPERATING PRIVILEGE UNTIL THE PERSON HAS COMPLIED.
21 (D) CONVICTION FOR EXCESSIVE SPEEDING.--
22 (1) WHEN ANY PERSON IS CONVICTED OF DRIVING 31 MILES PER
23 HOUR OR MORE IN EXCESS OF THE SPEED LIMIT, THE DEPARTMENT
24 SHALL REQUIRE THE PERSON TO ATTEND A DEPARTMENTAL HEARING.
25 THE HEARING EXAMINER MAY RECOMMEND ONE OR MORE OF THE
26 FOLLOWING:
27 (I) THAT THE PERSON BE REQUIRED TO ATTEND A DRIVER
28 IMPROVEMENT SCHOOL.
29 (II) THAT THE PERSON UNDERGO AN EXAMINATION AS
30 PROVIDED FOR IN SECTION 1508.
19770H1171B3316 - 75 -
1 (III) THAT THE PERSON HAVE HIS DRIVER'S LICENSE
2 SUSPENDED FOR A PERIOD NOT EXCEEDING 15 DAYS.
3 (2) THE DEPARTMENT SHALL EFFECT AT LEAST ONE OF THE
4 SANCTIONS BUT MAY NOT INCREASE ANY SUSPENSION BEYOND 15 DAYS.
5 (3) FAILURE TO ATTEND THE HEARING OR TO ATTEND AND
6 SATISFACTORILY COMPLETE THE REQUIREMENTS OF A DRIVER
7 IMPROVEMENT SCHOOL SHALL RESULT IN THE SUSPENSION OF SUCH
8 PERSON'S OPERATING PRIVILEGE FOR 60 DAYS. FAILURE TO PASS AN
9 EXAMINATION SHALL RESULT IN THE SUSPENSION OF SUCH PERSON'S
10 OPERATING PRIVILEGE UNTIL THE EXAMINATION HAS BEEN
11 SATISFACTORILY COMPLETED.]
12 § 1539. Suspension of operating privilege on accumulation of
13 points.
14 * * *
15 (c) Determination of subsequent suspensions.--Every
16 suspension under this section and [revocation] EVERY SUSPENSION <--
17 under [any provision of this subchapter] section 1532 (relating
18 to suspension or revocation of operating privilege) WITHIN FIVE <--
19 YEARS shall be counted in determining whether a suspension is a
20 second, third or subsequent suspension. [Acceptance of <--
21 [Accelerative] In accordance with section 1534 (relating to <--
22 acceptance of Accelerated Rehabilitative Disposition),
23 acceptance of Accelerated Rehabilitative Disposition for an
24 offense enumerated in section 1532 [(relating to revocation or <--
25 suspension of operating privilege)] shall be considered a <--
26 suspension in making such determination.
27 * * *
28 § 1540. Surrender of license.
29 (a) [Conviction of offense] SURRENDER TO COURT.--Upon a <--
30 conviction by a court of record for any offense which calls for
19770H1171B3316 - 76 -
1 mandatory [revocation] suspension in accordance with section
2 1532 (relating to [revocation or] suspension or revocation of
3 operating privilege), the court or the district attorney shall
4 require the surrender of any driver's license then held by the
5 defendant and shall forward the driver's license together with a
6 record of the conviction to the department. THE SUSPENSION OR <--
7 REVOCATION SHALL BE EFFECTIVE UPON A DATE DETERMINED BY THE
8 COURT OR DISTRICT ATTORNEY, OR UPON THE DATE OF SURRENDER OF THE
9 LICENSE, WHICHEVER SHALL FIRST OCCUR.
10 (b) [Suspension of operating privilege] SURRENDER TO <--
11 DEPARTMENT.--Upon the suspension OR REVOCATION of the operating <--
12 privilege of any person by the department, the department shall
13 [forthwith] notify the person in writing to surrender [his] <--
14 THEIR driver's license to the department for the term of <--
15 suspension OR REVOCATION. THE SUSPENSION OR REVOCATION SHALL BE <--
16 EFFECTIVE UPON A DATE DETERMINED BY THE DEPARTMENT OR UPON THE
17 DATE OF SURRENDER OF THE LICENSE TO THE DEPARTMENT, WHICHEVER
18 SHALL FIRST OCCUR, EXCEPT THAT THE LICENSE SHALL NOT BE
19 SURRENDERED TO THE DEPARTMENT PRIOR TO THE NOTICE PROVIDED IN
20 THIS PARAGRAPH.
21 § 1541. Period of revocation or suspension of operating
22 privilege.
23 (a) Commencement of period.--[The] FOR THE PURPOSE OF <--
24 DETERMINING THE LENGTH OF A REVOCATION OR SUSPENSION, CREDIT
25 TOWARD THE period of revocation or suspension of the operating
26 privilege shall commence on the date on which the driver's
27 license [was] is surrendered to and] IS received by the court or <--
28 on a date determined by the department, as the case may be, <--
29 except that if the driver's license is surrendered to the
30 department prior to the date determined by the department the
19770H1171B3316 - 77 -
1 revocation or suspension shall commence on the date surrendered.
2 The period of revocation or suspension of a nonresident licensed
3 driver or an unlicensed driver shall commence [on the date of
4 conviction, or in the case of a revocation or suspension without
5 a conviction, in accordance with its regulations] on a date
6 determined by the department. The department may, upon request
7 of the person whose license is suspended, delay the commencement
8 of the period of suspension for a period not exceeding six
9 months whenever the department determines that failure to grant
10 the extension will result in hardship to the person whose
11 license has been suspended.
12 * * *
13 (c) Restoration of revoked operating privilege.--Any person
14 whose operating privilege has been revoked pursuant to section
15 1532(c) (relating to suspension or revocation of operating
16 privilege) or section 1542 (relating to revocation of habitual
17 offender's license) is not entitled to automatic restoration of
18 the operating privilege. Such person may apply for a license if
19 permitted under the provisions of this chapter and shall be
20 issued a learner's permit under section 1505 (relating to
21 learners' permits) upon expiration of the revocation.
22 (d) Revocation under prior law.--The department shall <--
23 immediately review the files of the department relating to the
24 revocation of drivers' licenses for violations of the former
25 provisions of section 1037, act of April 29, 1959 (P.L.58,
26 No.32), known as "The Vehicle Code," and shall notify each
27 individual whose license was revoked that the period of
28 revocation shall be for a period of six months only and that
29 such person, upon receipt of the notification, shall be entitled
30 to reapply for a new driver's license.
19770H1171B3316 - 78 -
1 § 1542. Revocation of habitual offender's license.
2 * * *
3 (b) Offenses enumerated.--Three convictions arising from
4 separate acts of any one or more of the following offenses
5 committed either singularly or in combination by any person
6 shall result in such person being designated as a habitual
7 offender:
8 (1) Any offense set forth in section 1532(a) or (b)
9 (relating to [revocation or] suspension or revocation of
10 operating privilege).
11 (2) Operation following suspension of registration as
12 defined in section 1371 (relating to operation following
13 suspension of registration).
14 (3) Making use of or operating any vehicle without the
15 knowledge or consent of the owner or custodian thereof.
16 (4) [Utilizing a vehicle in the unlawful transportation <--
17 or unlawful sale of alcohol or any controlled substance.] ANY <--
18 MISDEMEANOR IN THE COMMISSION OF WHICH A COURT DETERMINES
19 THAT A VEHICLE WAS ESSENTIALLY INVOLVED.
20 (5) Any felony in the commission of which a court
21 determines that a vehicle was essentially involved.
22 (6) Driving under suspension or revocation as defined in
23 section 1543 (relating to driving while operating privilege
24 is suspended or revoked).
25 (c) [Accelerative] Accelerated Rehabilitative Disposition as
26 [an offense] CONVICTION--[Acceptance of [Accelerative] In <--
27 accordance with section 1534 (relating to acceptance of
28 Accelerated Rehabilitative Disposition), acceptance of
29 Accelerated Rehabilitative Disposition for any offense
30 enumerated in subsection (b) shall [be considered an offense] <--
19770H1171B3316 - 79 -
1 CONSTITUTE A CONVICTION for the purposes of this section. <--
2 * * *
3 § 1543. Driving while operating privilege is suspended or
4 revoked.
5 (a) Offense defined.--Any person who drives a motor vehicle
6 on any highway of this Commonwealth at a time when the operating
7 privilege is suspended or revoked [or recalled] is guilty of a
8 summary offense and shall, upon conviction, be sentenced to pay
9 a fine of $200.
10 (b) [Extending existing suspension] SUSPENSION or revocation <--
11 OF OPERATING PRIVILEGE.-- <--
12 (1) The department, upon receiving a certified record of
13 the conviction of any person under this section upon a charge
14 of driving a vehicle while the operating privilege was
15 suspended for six months or less, shall [revoke] suspend such
16 privilege for an additional period of six months.
17 (2) If the conviction was upon a charge of driving while
18 the operating privilege was suspended for more than six
19 months, the department shall suspend such privilege for an
20 additional period of one year.
21 (3) If the conviction was upon a charge of driving while
22 the operating privilege was revoked, the department shall
23 revoke the operating privilege for an additional period of
24 [one year] two years.
25 § 1544. ADDITIONAL PERIOD OF REVOCATION OR SUSPENSION. <--
26 (A) ADDITIONAL POINT ACCUMULATION.--WHEN ANY PERSON'S RECORD
27 SHOWS AN ACCUMULATION OF ADDITIONAL POINTS DURING A PERIOD OF
28 SUSPENSION [OR REVOCATION] PURSUANT TO SECTION 1539 (RELATING TO
29 SUSPENSION OF OPERATING PRIVILEGE ON ACCUMULATION OF POINTS),
30 THE DEPARTMENT SHALL WHEN PRACTICABLE EXTEND THE EXISTING PERIOD
19770H1171B3316 - 80 -
1 OF SUSPENSION [OR REVOCATION AT THE RATE OF FIVE DAYS FOR EACH
2 ADDITIONAL POINT] IN ACCORDANCE WITH SECTION 1539(B) AND THE
3 PERSON SHALL BE SO NOTIFIED IN WRITING.
4 * * *
5 § 1545. Restoration of operating privilege.
6 Upon the restoration of any person's operating privilege
7 which has been suspended [or revoked pursuant to this
8 subchapter,] pursuant to section 1539 (relating to suspension of
9 operating privilege on accumulation of points), such person's
10 record shall show five points, except that any additional points
11 assessed against the person since the date of the last violation
12 resulting in the suspension [or revocation] shall be added to
13 such five points unless the person has served an additional
14 period of suspension [or revocation] pursuant to section 1544(a)
15 (relating to additional period of revocation or suspension).
16 § 1547. Chemical test to determine amount of alcohol.
17 (a) General rule.--[Any person who operates] Every driver of
18 a motor vehicle in this Commonwealth shall be deemed to have
19 given consent to a chemical test of breath or blood for the
20 purpose of determining the alcoholic content of blood if a
21 police officer shall have reasonable grounds to believe the
22 person to have been driving a motor vehicle while under the
23 influence of alcohol to a degree which rendered the person <--
24 incapable of safe driving. [The] A BREATH test shall be <--
25 administered [by qualified personnel and] with equipment <--
26 approved by the [department. Qualified personnel means] NATIONAL <--
27 HIGHWAY SAFETY ADMINISTRATION BY a physician or a technician
28 acting under [the] A physician's direction or a police officer <--
29 who has fulfilled the training requirements in the use of such
30 equipment in a training program approved by the department. A <--
19770H1171B3316 - 81 -
1 BLOOD TEST SHALL BE ADMINISTERED WITH EQUIPMENT APPROVED BY THE
2 DEPARTMENT OF HEALTH BY A PHYSICIAN OR A TECHNICIAN ACTING UNDER
3 A PHYSICIAN'S DIRECTION.
4 (b) Suspension for refusal.--
5 (1) If any person placed under arrest for driving under
6 the influence of alcohol is requested to submit to a chemical
7 test and refuses to do so, the test shall not be given but
8 upon notice by the police officer, the department shall:
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 be
16 suspended [or revoked] upon refusal to submit to a chemical
17 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 (C) TEST RESULTS OR REFUSAL ADMISSIBLE IN EVIDENCE.--IN ANY <--
24 SUMMARY PROCEEDING OR CRIMINAL PROCEEDING IN WHICH THE DEFENDANT
25 IS CHARGED WITH DRIVING A MOTOR VEHICLE WHILE UNDER THE
26 INFLUENCE OF ALCOHOL, THE AMOUNT OF ALCOHOL IN THE DEFENDANT'S
27 BLOOD, AS SHOWN BY A CHEMICAL ANALYSIS OF HIS BREATH OR BLOOD[,
28 WHICH ANALYSIS WAS CONDUCTED WITH EQUIPMENT OF A TYPE APPROVED
29 BY THE DEPARTMENT OF HEALTH AND OPERATED BY QUALIFIED
30 PERSONNEL], ADMINISTERED AS PROVIDED IN SUBSECTION (A), SHALL BE
19770H1171B3316 - 82 -
1 ADMISSIBLE IN EVIDENCE. THE REFUSAL TO SUBMIT TO A CHEMICAL TEST
2 MAY BE ADMITTED INTO EVIDENCE AS A FACTOR TO BE CONSIDERED IN
3 DETERMINING INNOCENCE OR GUILT.
4 (d) Presumptions from amount of alcohol.--If chemical
5 analysis of a person's breath or blood shows:
6 (1) That the amount of alcohol by weight in the blood of
7 the person tested is 0.05% or less, it shall be presumed that
8 the person tested was not under influence of alcohol to a
9 degree which renders the person incapable of safe driving and
10 the person shall not be charged with any violation under
11 section 3731(a)(1) (relating to driving under influence of
12 alcohol or controlled substance), or if the person was so
13 charged prior to the test, the charge shall be void ab
14 initio.
15 (2) That the amount of alcohol by weight in the blood of
16 the person tested is in excess of 0.05% but less than 0.10%,
17 this fact shall not give rise to any presumption that the
18 person tested was or was not under the influence of alcohol
19 to a degree which renders the person incapable of safe
20 driving, but this fact may be considered with other competent
21 evidence in determining whether the person was or was not
22 under the influence of alcohol to a degree which renders the
23 person incapable of safe driving.
24 (3) That the amount of alcohol by weight in the blood of
25 the person tested is 0.10% or more, it shall be presumed that
26 the defendant was under the influence of alcohol to a degree
27 which renders the person incapable of safe driving.
28 * * *
29 (K) TRANSPORTING TO HOSPITAL FOR TREATMENT.--AFTER <--
30 ADMINISTRATION OF A CHEMICAL TEST WHEREIN THE READING IS 0.25%
19770H1171B3316 - 83 -
1 OR HIGHER, THE ARRESTING OFFICER MAY TRANSPORT THE PERSON TESTED
2 TO A HOSPITAL FOR POSSIBLE FURTHER TREATMENT. PAYMENT FOR ALL
3 TREATMENT COSTS INCURRED SHALL BE THE RESPONSIBILITY OF THE
4 PERSON RECEIVING TREATMENT.
5 § 1549. Establishment of schools.
6 * * *
7 (b) Course of instruction on alcohol and driving.--The
8 [department in conjunction with the] Governor's Council on Drug
9 and Alcohol Abuse shall establish and maintain a course of
10 instruction on the problems of alcohol and driving. The
11 curriculum of the course of instruction [established by the
12 department and the Governor's Council on Drug and Alcohol Abuse]
13 shall be uniform throughout this Commonwealth and shall be
14 reviewed by [the department and] the Governor's Council on Drug
15 and Alcohol Abuse on an annual basis.
16 § 1550. Identification of driver. <--
17 (a) Agreement to reveal identity of driver.--Any person to
18 whom a motor vehicle is titled or registered in this
19 Commonwealth is deemed to have agreed:
20 (1) To reveal the identity of the driver of the vehicle,
21 if known, to any police officer who shall have reasonable
22 grounds to believe the vehicle was involved in an accident or
23 any violation of the law.
24 (2) To accept responsibility for any parking violation
25 in which the vehicle is involved and make payment of any fine
26 levied for such violation.
27 (b) Suspension for refusal.--
28 (1) If any person to whom a motor vehicle is titled or
29 registered in this Commonwealth shall refuse to reveal the
30 identity of the driver of the vehicle as provided in
19770H1171B3316 - 84 -
1 subsection (a)(1), the department shall:
2 (i) suspend the operating privilege or the
3 registration of said vehicle of the person for a period
4 of six months; or
5 (ii) suspend the operating privilege or the
6 registration of said vehicle of the person for a period
7 of one year for a second or subsequent refusal within a
8 period of three years.
9 (2) It shall be the duty of the police officer to inform
10 the person that the person's operating privilege or vehicle
11 registration will be suspended upon refusal to reveal the
12 identity of the driver of the vehicle.
13 (3) Any person whose operating privilege or vehicle
14 registration is suspended under the provisions of this
15 section shall have the same right to appeal as provided for
16 in cases of suspension for other reasons.
17 [§ 1550] § 1551. Judicial review. <--
18 (a) General rule.--Any person WHO HAS BEEN denied a driver's <--
19 license, WHOSE DRIVER'S LICENSE HAS BEEN CANCELLED or whose <--
20 operating privilege has been [recalled, canceled,] suspended or
21 revoked by the department shall have the right to appeal by <--
22 filing a petition within 30 days from the date notice is mailed
23 for a hearing in the court of common pleas of the county in
24 which the driver resides or, in the case of [cancellation,]
25 suspension or revocation of a nonresident's operating privilege,
26 in the county in which the offense giving rise to the [recall,
27 cancellation,] suspension or revocation occurred TO THE COURT <--
28 VESTED WITH JURISDICTION OF SUCH APPEALS BY OR PURSUANT TO TITLE
29 42 (RELATING TO JUDICIARY AND JUDICIAL PROCEDURE). A COPY OF THE
30 PETITION FOR APPEAL, TOGETHER WITH A COPY OF THE NOTICE OF THE
19770H1171B3316 - 85 -
1 ACTION FROM WHICH THE APPEAL HAS BEEN TAKEN, shall be served
2 upon one of the department's legal offices.
3 (b) Supersedeas.--[The filing] Filing and service of [the] A <--
4 petition FOR APPEAL FROM A SUSPENSION OR REVOCATION shall <--
5 operate as a supersedeas [and no [recall,] suspension[, <--
6 cancellation] or revocation which has been appealed shall be <--
7 imposed against such person] until final determination of the <--
8 matter BY THE COURT OF ORIGINAL APPELLATE JURISDICTION. FILING <--
9 AND SERVICE OF A PETITION FOR APPEAL FROM DENIAL OR CANCELLATION
10 OF A DRIVER'S LICENSE UNDER SECTION 1503 (RELATING TO PERSONS
11 INELIGIBLE FOR LICENSING), 1504 (RELATING TO CLASSES OF
12 LICENSES) OR 1572(A) (RELATING TO CANCELLATION AND SUSPENSION OF
13 OPERATING PRIVILEGE) SHALL NOT ACT AS A SUPERSEDEAS UNLESS
14 ORDERED BY THE COURT AFTER A HEARING ATTENDED BY THE PETITIONER.
15 FURTHER REVIEW BY ANOTHER APPELLATE COURT SHALL NOT OPERATE AS A
16 SUPERSEDEAS UNLESS THE COURT OF ORIGINAL OR SUBSEQUENT APPELLATE
17 JURISDICTION DETERMINES OTHERWISE.
18 (c) Jurisdiction and proceedings PROCEEDINGS of court.--The <--
19 court is hereby vested with jurisdiction and it shall be its <--
20 duty to set the matter for hearing forthwith upon 30 days <--
21 written notice to the department and to determine whether the <--
22 [petitioner is in fact the person whose] petitioner's DRIVER'S <--
23 LICENSE SHOULD BE DENIED OR CANCELLED, THE PERSON'S operating
24 privilege [is subject to the recall, suspension, cancellation or
25 revocation] should be suspended or revoked, or the person's <--
26 endorsement removed.
27 [§ 1551] § 1552. Notice of [suspension of licenses or <--
28 permits] department action.
29 The department shall [promptly] notify each person [whose <--
30 license or permit is suspended] of any action taken pursuant to <--
19770H1171B3316 - 86 -
1 section 1538 (relating to school, examination or hearing on
2 accumulation of points) or section 1539 (relating to suspension
3 of operating privilege on accumulation of points) as a result of
4 the accumulation of points. [The notification that the license
5 or permit is suspended shall be made] Notification shall be
6 mailed within six months [following] of receipt by the
7 department of notice of the conviction [of a violation of this
8 title] that resulted in the addition of sufficient points to
9 cause the [suspension] department action. Failure of the <--
10 department to give [prompt] notice of [suspension] the action as <--
11 required by this section shall prohibit the department from
12 [suspending the license or permit of such person.] taking such <--
13 action.
14 § 1553. Hearing prior to suspension or revocation. <--
15 Notwithstanding any other provisions of this title to the
16 contrary, before the operating privilege of any driver is
17 suspended or revoked, the driver shall be given the opportunity
18 to have a departmental hearing, if he so requests, before the
19 suspension or revocation becomes effective.
20 § 1552. IDENTIFICATION OF DRIVER. <--
21 (A) AGREEMENT TO REVEAL IDENTITY OF DRIVER.--ANY PERSON TO
22 WHOM A MOTOR VEHICLE IS TITLED OR REGISTERED IN THIS
23 COMMONWEALTH IS DEEMED TO HAVE AGREED:
24 (1) TO REVEAL THE IDENTITY OF THE DRIVER OF THE VEHICLE,
25 IF KNOWN, TO ANY POLICE OFFICER WHO SHALL HAVE REASONABLE
26 GROUNDS TO BELIEVE THE VEHICLE WAS INVOLVED IN AN ACCIDENT OR
27 ANY VIOLATION OF THE LAW.
28 (2) TO ACCEPT RESPONSIBILITY FOR ANY PARKING VIOLATION
29 IN WHICH THE VEHICLE IS INVOLVED AND MAKE PAYMENT OF ANY FINE
30 LEVIED FOR SUCH VIOLATION. THIS PARAGRAPH DOES NOT APPLY TO
19770H1171B3316 - 87 -
1 PERSONS ENGAGED IN THE BUSINESS OF LEASING OR RENTING
2 VEHICLES TO PERSONS RESPONSIBLE FOR PARKING VIOLATIONS.
3 (B) SUSPENSION FOR REFUSAL.--
4 (1) IF ANY PERSON TO WHOM A MOTOR VEHICLE IS TITLED OR
5 REGISTERED IN THIS COMMONWEALTH SHALL REFUSE TO REVEAL THE
6 IDENTITY OF THE DRIVER OF THE VEHICLE AS PROVIDED IN
7 SUBSECTION (A)(1), THE DEPARTMENT SHALL:
8 (I) SUSPEND THE REGISTRATION OF THE VEHICLE OR THE
9 OPERATING PRIVILEGE OF THE PERSON FOR A PERIOD OF SIX
10 MONTHS; OR
11 (II) SUSPEND THE REGISTRATION OF THE VEHICLE OR THE
12 OPERATING PRIVILEGE OF THE PERSON FOR A PERIOD OF ONE
13 YEAR FOR A SECOND OR SUBSEQUENT REFUSAL WITHIN A PERIOD
14 OF THREE YEARS.
15 (2) IT SHALL BE THE DUTY OF THE POLICE OFFICER TO INFORM
16 THE PERSON THAT THE PERSON'S OPERATING PRIVILEGE OR VEHICLE
17 REGISTRATION WILL BE SUSPENDED UPON REFUSAL TO REVEAL THE
18 IDENTITY OF THE DRIVER OF THE VEHICLE.
19 (3) ANY PERSON WHOSE OPERATING PRIVILEGE OR VEHICLE
20 REGISTRATION IS SUSPENDED UNDER THE PROVISIONS OF THIS
21 SECTION SHALL HAVE THE SAME RIGHT TO APPEAL AS PROVIDED FOR
22 IN CASES OF SUSPENSION FOR OTHER REASONS.
23 § 1571. Violations concerning licenses.
24 (a) Offenses defined.--It is unlawful for any person:
25 (1) To exhibit or cause or permit to be exhibited or
26 have in possession any [recalled,] canceled,] suspended, <--
27 revoked[, fictitious] or fraudulently altered driver's <--
28 license.
29 (2) To GIVE, sell or lend a driver's license to any <--
30 other person or permit the use thereof by another.
19770H1171B3316 - 88 -
1 (3) To purchase, exhibit or represent as one's own any
2 driver's license not issued to the person.
3 (4) To fail or refuse to surrender to the department
4 upon lawful demand a recalled, canceled, suspended, revoked[, <--
5 fictitious] or fraudulently altered driver's license. <--
6 (b) Penalty.--Any person violating any of the provisions of <--
7 this section is guilty of a summary offense and shall, upon
8 conviction, be sentenced to pay a fine of [$100] $200.
9 (5) TO USE A FALSE OR FICTITIOUS NAME, OR GIVE A FALSE <--
10 OR FICTITIOUS ADDRESS, IN ANY APPLICATION OR FORM REQUIRED
11 UNDER THE PROVISIONS OF THIS CHAPTER, OR MAKE A FALSE
12 STATEMENT, OR CONCEAL A MATERIAL FACT, OR OTHERWISE COMMIT A
13 FRAUD IN ANY SUCH APPLICATION.
14 (6) TO POSSESS OR SELL ANY COUNTERFEIT DRIVER'S LICENSE
15 OR TO FAIL OR REFUSE TO SURRENDER TO THE DEPARTMENT UPON
16 LAWFUL DEMAND A COUNTERFEIT DRIVER'S LICENSE.
17 (B) PENALTY.--
18 (1) ANY PERSON VIOLATING ANY OF THE PROVISIONS OF [THIS
19 SECTION] SUBSECTION (A)(1),(2),(3),(4) OR (5) IS GUILTY OF A
20 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO
21 PAY A FINE OF $100.
22 (2) ANY PERSON VIOLATING THE PROVISIONS OF SUBSECTION
23 (A)(6) IS GUILTY OF A MISDEMEANOR OF THE SECOND DEGREE.
24 § 1572. [Cancellation] Suspension AND SUSPENSION of [driver's <--
25 license] operating privilege.
26 (a) Ineligibility for licensing.--The department [may cancel
27 any] SHALL CANCEL A PERSON'S driver's license] shall suspend a <--
28 person's operating privileges for six months upon determining
29 that the licensee was not entitled to [the] issuance OF THE <--
30 DRIVER'S LICENSE or that the person failed to give the required
19770H1171B3316 - 89 -
1 or correct information or committed fraud in making the
2 application or in obtaining the license [or the fee has not been
3 paid. Upon the cancellation, the licensee shall immediately
4 surrender the canceled license to the department]. IF A PERSON <--
5 WHOSE LICENSE HAS BEEN CANCELLED UNDER THIS SUBSECTION BECOMES
6 ENTITLED TO ISSUANCE OF A DRIVER'S LICENSE, THE DEPARTMENT MAY
7 SUSPEND THE PERSON'S OPERATING PRIVILEGE FOR A PERIOD OF SIX
8 MONTHS.
9 (b) Nonpayment of fee.--The department shall suspend a
10 person's operating privilege upon determining that the fee FOR <--
11 THE DRIVER'S LICENSE is not paid. The suspension shall remain in
12 effect until the required fee and penalty have been paid.
13 § 1573. Driving under foreign license during suspension or
14 revocation.
15 (A) GENERAL RULE.--Any resident or nonresident whose <--
16 operating privilege to drive a motor vehicle in this
17 Commonwealth has been [recalled,] canceled,] suspended or <--
18 revoked as provided in this title shall not drive a motor
19 vehicle in this Commonwealth under a license or permit issued by
20 any other jurisdiction or otherwise during the suspension or
21 after the [recall,] cancellation or] revocation until a new <--
22 driver's license is obtained when and as permitted under this
23 chapter.
24 (B) PENALTY.--ANY PERSON VIOLATING THIS SECTION IS GUILTY OF <--
25 A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO
26 PAY A FINE OF $200.
27 § 1704. TRANSFER OF [SUSPENDED] TITLE OR REGISTRATION <--
28 TO EVADE CHAPTER.
29 (A) GENERAL RULE.--IF THE [REGISTRATIONS] REGISTRATION OF <--
30 ANY [VEHICLES ARE] VEHICLE IS SUSPENDED UNDER THIS CHAPTER, <--
19770H1171B3316 - 90 -
1 NEITHER THE TITLE NOR THE [REGISTRATIONS] REGISTRATION SHALL <--
2 [NOT] BE TRANSFERRED, NOR SHALL THE [VEHICLES] VEHICLE BE TITLED <--
3 OR REGISTERED IN ANY OTHER NAME, UNTIL THE DEPARTMENT IS
4 SATISFIED THAT THE TRANSFER [OF REGISTRATIONS] IS PROPOSED IN <--
5 GOOD FAITH AND NOT FOR THE PURPOSE OR WITH THE EFFECT OF
6 DEFEATING THE PURPOSES OF THIS CHAPTER.
7 (B) SALE OF REPOSSESSED VEHICLE.--THIS SECTION DOES NOT
8 APPLY TO OR AFFECT THE TITLE OR REGISTRATION OF ANY MOTOR
9 VEHICLE SOLD BY A PERSON WHO, PURSUANT TO THE TERMS OR
10 CONDITIONS OF ANY WRITTEN INSTRUMENT GIVING A RIGHT OF
11 REPOSSESSION, HAS EXERCISED SUCH RIGHT AND HAS REPOSSESSED THE
12 MOTOR VEHICLE FROM A PERSON WHOSE REGISTRATION HAS BEEN
13 SUSPENDED UNDER THE PROVISIONS OF THIS CHAPTER.
14 (C) RIGHTS OF LIENHOLDERS AND LESSORS.--THIS CHAPTER DOES
15 NOT IN ANY WAY AFFECT THE RIGHTS OF ANY CONDITIONAL VENDOR,
16 CHATTEL MORTGAGEE OR LESSOR OF A MOTOR VEHICLE REGISTERED IN THE
17 NAME OF ANOTHER PERSON WHO BECOMES SUBJECT TO THE PROVISIONS OF
18 THIS CHAPTER.
19 § 1741. [COURT REPORTS] REPORTS ON NONPAYMENT OF JUDGMENTS.
20 (A) GENERAL RULE.--WHENEVER ANY PERSON FAILS WITHIN 60 DAYS
21 TO SATISFY ANY JUDGMENT ARISING FROM A MOTOR VEHICLE ACCIDENT,
22 THE [JUDGMENT CREDITOR MAY] PROTHONOTARY OR CLERK OF COURT
23 SHALL, AND THE HOLDER OF A FOREIGN JUDGMENT MAY, FORWARD TO THE
24 DEPARTMENT ON A FORM PRESCRIBED BY THE DEPARTMENT A CERTIFIED
25 COPY OF THE JUDGMENT. THE JUDGMENT SHALL BE TREATED AS A
26 SECURITY INTEREST UNDER SUBCHAPTER B OF CHAPTER 11 (RELATING TO
27 SECURITY INTERESTS).
28 (B) NOTICE TO STATE OF NONRESIDENT DEFENDANT.--IF THE
29 DEFENDANT NAMED IN ANY CERTIFIED COPY OF A JUDGMENT REPORTED TO
30 THE DEPARTMENT IS A NONRESIDENT, THE DEPARTMENT SHALL TRANSMIT A
19770H1171B3316 - 91 -
1 CERTIFIED COPY OF THE JUDGMENT TO THE OFFICIAL IN CHARGE OF THE
2 ISSUANCE OF LICENSES AND REGISTRATION CERTIFICATES OF THE STATE
3 OF WHICH THE DEFENDANT IS A RESIDENT.
4 (C) PERFECTING SECURITY INTEREST.--THE DEPARTMENT BY
5 REGULATION SHALL:
6 (1) PROVIDE AN OPPORTUNITY FOR THE JUDGMENT CREDITOR TO
7 RECOMMEND TO THE DEPARTMENT WHICH VEHICLE OR VEHICLES OF THE
8 DEFENDANT SHALL HAVE THE JUDGMENT NOTED ON THEIR CERTIFICATES
9 OF TITLE AS A SECURITY INTEREST.
10 (2) REQUIRE THE JUDGMENT CREDITOR TO PAY THE APPLICABLE
11 FEE OR FEES FOR RECORDING EACH JUDGMENT AS A SECURITY
12 INTEREST ALL OF WHICH FEES SHALL BE RECOVERABLE BY THE
13 JUDGMENT CREDITOR AS COSTS FROM THE DEFENDANT.
14 (3) REQUIRE THE DEFENDANT OR THE FIRST LIENHOLDER TO
15 RETURN ALL APPLICABLE TITLES TO THE DEPARTMENT SO THAT THE
16 JUDGMENT CAN BE NOTED THEREON.
17 § 1747. PROVIDING FINANCIAL RESPONSIBILITY.
18 (A) GENERAL RULE.--PROOF OF FINANCIAL RESPONSIBILITY MAY BE
19 FURNISHED BY FILING EVIDENCE SATISFACTORY TO THE DEPARTMENT THAT
20 ALL MOTOR VEHICLES REGISTERED IN A PERSON'S NAME ARE COVERED BY
21 THE INSURANCE REQUIRED IN SECTION 104 OF THE ACT OF JULY 19,
22 1974 (P.L.489, NO.176), KNOWN AS THE "PENNSYLVANIA NO-FAULT
23 MOTOR VEHICLE INSURANCE ACT," OR[, IF THE PERSON HAS NO MOTOR
24 VEHICLE, THAT THE PERSON IS COVERED BY A NONOWNER'S POLICY
25 HAVING THE SAME LIMITS OF LIABILITY AS ARE REQUIRED IN SECTION
26 104 OF THAT ACT] THAT A PERSON DOES NOT OWN A MOTOR VEHICLE.
27 * * *
28 § 1901. Exemption of entities and vehicles from fees.
29 (a) Governmental and quasi-governmental entities.--Except as
30 otherwise specifically provided in this title, no fees shall be
19770H1171B3316 - 92 -
1 charged under this title to any of the following:
2 (1) The Commonwealth.
3 (2) Political subdivisions of this Commonwealth.
4 (3) [State and local authorities.] Governmental
5 authorities organized under the laws of this Commonwealth.
6 (4) The Federal Government.
7 (5) Other states.
8 (b) Title and registration fees.--No fee shall be charged
9 for titling or registration of any of the following:
10 (1) Buses registered by urban mass transportation
11 systems [except that this paragraph shall cover only the
12 number of buses which the department determines are required
13 to provide scheduled service within the county in which they
14 have their principal place of business or contiguous
15 counties].
16 (2) Vehicles registered by volunteer fire, rescue and
17 ambulance associations.
18 (3) Vehicles registered by foreign nationals with the
19 rank of vice consul or higher assigned to a consulate in this
20 Commonwealth provided that citizens of the United States are
21 granted reciprocal exemptions.
22 (4) Vehicles of totally disabled veterans whose
23 disability is certified by the United States Veterans'
24 Administration as service-connected.
25 (c) Processing fee in lieu of registration fee.--No
26 registration fee shall be charged for vehicles registered by any
27 of the following but the department shall charge a fee of $10 to
28 cover the costs of processing for issuing or renewing the
29 registration:
30 (1) Hospital.
19770H1171B3316 - 93 -
1 (2) Humane society.
2 (3) Nonprofit youth center.
3 (4) American Red Cross.
4 (5) Church.
5 (6) Girl Scouts of America.
6 (7) Boy Scouts of America.
7 (8) Salvation Army.
8 (9) Duly chartered posts of national veterans'
9 organizations.
10 (10) Young Men's Christian Association.
11 (11) Young Men's Hebrew Association.
12 (12) Young Women's Christian Association.
13 (13) Young Women's Hebrew Association.
14 (14) Jewish Community Center.
15 (15) Nonprofit corporations of musical marching groups
16 of youths.
17 (16) Any person who is retired and receiving social
18 security or other pension and whose total income does not
19 exceed $7,500 per year. Unless the retired person is
20 physically or mentally incapable of driving the vehicle, the
21 retired person shall be the principal driver of the vehicle
22 but may from time to time authorize another person to drive
23 the vehicle in his or her stead.
24 (17) Any veteran [who lost a limb or eye or who became
25 partially paralyzed while serving in the armed forces of the
26 United States] who is not totally disabled but who lost one
27 or more limbs or eyes or is partially paralyzed and whose
28 disability is certified by the United States Veterans'
29 Administration as service-connected.
30 (18) Any nonprofit school of secondary education for <--
19770H1171B3316 - 94 -
1 vehicles used in State approved drivers' education programs.
2 (19) Nonprofit corporations of senior citizens.
3 (20) Pennsylvania Public Television Stations.
4 (21) Camp Fire Girls of America, Inc.
5 (18) NONPROFIT CORPORATIONS FOR THE BENEFIT OF SENIOR <--
6 CITIZENS.
7 * * *
8 § 1911. Annual registration fees. <--
9 (a) General rule.--An annual fee for the registration of
10 vehicles as provided in Chapter 13 (relating to the registration
11 of vehicles) shall be charged by the department as provided in
12 this title.
13 (b) Department to establish certain fees.--If a vehicle to
14 be registered is of a type not specifically provided for by this
15 title and is otherwise eligible for registration, the department
16 shall determine the most appropriate fee or fee schedule for the
17 vehicle or type of vehicle based on such factors as design and
18 intended use.
19 (c) Registration after beginning of registration year.--
20 (1) When registration is applied for after the beginning
21 of the seventh month of the registration year but before the
22 beginning of the tenth month of the registration year, the
23 fee for registration of a vehicle shall be one-half the
24 annual fee.
25 (2) When the registration is applied for after the
26 beginning of the tenth month of the registration year, the
27 fee for registration of a vehicle shall be one-fourth the
28 annual fee.
29 (3) The provisions of this subsection shall apply only
30 until such time as the department shall implement a staggered
19770H1171B3316 - 95 -
1 registration system.
2 § 1902. EXEMPTIONS FROM OTHER FEES. <--
3 NO FEE SHALL BE CHARGED UNDER THIS TITLE FOR OR TO ANY OF THE
4 FOLLOWING:
5 (1) A CERTIFICATE OF TITLE RETURNED TO THE DEPARTMENT
6 FOR CANCELLATION.
7 (2) THE REPLACEMENT OF A REGISTRATION CARD OR PLATE,
8 DRIVER'S LICENSE, LEARNER'S PERMIT OR CERTIFICATE OF TITLE
9 LOST IN THE MAIL IF THE APPLICANT FILES AN AFFIDAVIT OF
10 NONRECEIPT WITHIN 45 DAYS OF THE DATE OF ORIGINAL ISSUANCE.
11 (3) [A CERTIFICATE OF JUNK.] AN AUTHORIZATION TO SALVAGE
12 A VEHICLE.
13 (4) A CERTIFICATE OF REJECTION.
14 (5) A SPECIAL HAULING PERMIT ISSUED TO ANY PERSON
15 HAULING EQUIPMENT OR MATERIALS FOR USE ON A FEDERAL OR STATE
16 EMERGENCY RELIEF PROJECT.
17 (6) A MANUFACTURER, JOBBER OR DEALER FOR A CERTIFICATE
18 OF TITLE TO A MOTOR VEHICLE, TRAILER OR SEMITRAILER WHEN
19 ASSIGNMENT OF CERTIFICATE OF TITLE ACCOMPANIES THE
20 APPLICATION FOR CERTIFICATE OF TITLE, AND WHEN THE DEALER,
21 MANUFACTURER OR JOBBER IS POSSESSED OF CURRENT
22 MANUFACTURER'S, DEALER'S OR JOBBER'S REGISTRATION PLATES.
23 § 1914. Motorcycles. <--
24 The annual fee for registration of a motorcycle other than a
25 [motor-driven cycle] motorized pedalcycle shall be $12.
26 § 1915. [Motor-driven cycles] Motorized pedalcycles. <--
27 The annual fee for registration of a [motor-driven cycle]
28 motorized pedalcycle shall be $6 AND FOR ANY OTHER MOTOR-DRIVEN <--
29 CYCLE SHALL BE $9.
30 § 1916. Trucks and truck tractors.
19770H1171B3316 - 96 -
1 [The] (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN <--
2 THIS CHAPTER, THE annual fee for registration of a truck or
3 truck tractor shall be determined by its registered gross weight
4 or combination weight in pounds according to the following
5 table:
6 Class Registered Fee
7 Gross or Combination
8 Weight in Pounds
9 1 5,000 or less $ 39
10 2 5,001 - 7,000 [52]
11 51
12 3 7,001 - 9,000 84
13 4 9,001 - 11,000 108
14 5 11,001 - 14,000 132
15 6 14,001 - 17,000 156
16 7 17,001 - 21,000 192
17 8 21,001 - 26,000 216
18 9 26,001 - 30,000 252
19 10 30,001 - 33,000 300
20 11 33,001 - 36,000 324
21 12 36,001 - 40,000 342
22 13 40,001 - 44,000 360
23 14 44,001 - 48,000 384
24 15 48,001 - 52,000 420
25 16 52,001 - 56,000 444
26 17 56,001 - 60,000 501
27 18 60,001 - 64,000 552
28 19 64,001 - 68,000 576
29 20 68,001 - 73,280 606
30 (B) WRECKERS.--THE ANNUAL FEE FOR REGISTRATION OF A WRECKER <--
19770H1171B3316 - 97 -
1 SHALL BE $150.
2 § 1917. [Motor buses.] Buses.
3 The annual fee for registration of a [motor] bus other than a
4 school bus shall be determined by its seating capacity according
5 to the following table:
6 Seating Capacity Fee
7 26 or less $6 per seat
8 27 - 51 156 plus $7.50 per seat
9 in excess of 26
10 52 or more 360
11 § 1919. Electric vehicles.
12 The annual fee for registration of a vehicle which is
13 propelled by electric power shall be $12 unless such THE vehicle <--
14 qualifies for a lesser fee under another provision of this
15 subchapter.
16 § 1923. Antique and [classic] historic vehicles.
17 The fee for registration of an antique or [classic] historic
18 motor vehicle shall be $50.
19 § 1924. Farm trucks.
20 (A) GENERAL RULE.--The annual fee for registration of a farm <--
21 truck shall be [$27] $51 or one-third of the regular fee,
22 whichever is greater.
23 (B) CERTIFICATE OF EXEMPTION.--THE BIENNIAL PROCESSING FEE <--
24 FOR A CERTIFICATE OF EXEMPTION ISSUED IN LIEU OF REGISTRATION OF
25 A FARM TRUCK SHALL BE $12.
26 § 1925. AMBULANCES, [TAXIS] TAXICABS AND HEARSES.
27 THE ANNUAL FEE FOR REGISTRATION OF AN AMBULANCE, [TAXI]
28 TAXICAB OR HEARSE SHALL BE $36.
29 § 1926. Dealers and miscellaneous motor vehicle business.
30 * * * <--
19770H1171B3316 - 98 -
1 (A) GENERAL RULE.--THE ANNUAL FEE FOR A DEALER OR <--
2 MANUFACTURER REGISTRATION PLATE OR MISCELLANEOUS MOTOR VEHICLE
3 BUSINESS PLATE SHALL BE $24.
4 (B) MOTORCYCLE DEALERS.--THE ANNUAL FEE FOR EACH DEALER
5 REGISTRATION PLATE ISSUED TO A MOTORCYCLE DEALER OTHER THAN A
6 MOTOR-DRIVEN CYCLE DEALER SHALL BE $12.
7 (c) [Motor-driven cycle] Motorized pedalcycle dealers.--The <--
8 annual fee for each dealer registration plate issued to a
9 [motor-driven cycle] motorized pedalcycle dealer, INCLUDING A <--
10 MOTORIZED PEDALCYCLE DEALER, shall be $6.
11 § 1928. TEMPORARY REGISTRATION PLATES. <--
12 (A) GENERAL RULE.--THE FEE PAYABLE BY A DEALER OR OTHER
13 DISPENSING AGENT FOR A TEMPORARY REGISTRATION PLATE SHALL BE $1.
14 [THE CHARGE OF THE AGENT FOR PROVIDING AN APPLICANT WITH A
15 TEMPORARY PLATE SHALL NOT EXCEED A TOTAL OF $5.]
16 (B) DESIGNATION AS ISSUING AGENT.--THE ANNUAL FEE FOR
17 DESIGNATION BY THE DEPARTMENT OF A PERSON OTHER THAN A DEALER OR
18 MANUFACTURER AS AN ISSUING AGENT OF TEMPORARY REGISTRATION
19 PLATES SHALL BE $25.
20 § 1929. Replacement registration plates.
21 The fee for a replacement registration plate and accompanying
22 registration card other than a legislative or personal plate
23 shall be $5. In no case shall any additional fee be charged for
24 the accompanying card.
25 § 1943. Annual hauling permits.
26 * * *
27 (b) Implements of husbandry.--The annual fee for operation
28 or movement of oversize [self-propelled] implements of
29 husbandry, as provided for in section 4967 (relating to permit
30 for movement of implements of husbandry), shall be $20 for the
19770H1171B3316 - 99 -
1 first implement and $5 for each additional implement.
2 * * *
3 § 1944. Utility construction equipment. <--
4 The fee for a permit for each item of oversized or overweight
5 utility construction equipment as provided for in section 4970
6 (relating to permit for movement of utility construction
7 equipment) shall be $50.
8 § [1944] 1945. Mobile homes and similar trailers. <--
9 § 1944. [MOBILE HOMES AND SIMILAR TRAILERS] PERMITS FOR <--
10 OTHER VEHICLES AND EQUIPMENT.
11 (A) MOBILE HOMES.--The fee for a special hauling permit for <--
12 a mobile home [or similar trailer which exceeds the maximum size <--
13 prescribed in this title] shall be $20. <--
14 § [1945] 1946. Books of permits. <--
15 (a) General rule.--Upon request, permits for movement of
16 oversize vehicles or loads, the dimensions of which do not
17 exceed those specified by the department, will be issued in
18 booklet form, containing a convenient number of permits. For
19 each movement, one permit shall be removed from the booklet,
20 dated, trip data entered and securely affixed to the vehicle or
21 load.
22 (b) Penalty.--Any person violating any of the provisions of
23 this section is guilty of a summary offense and shall, upon
24 conviction, be sentenced to pay a fine of $500.
25 § [1946] 1947. Movements requiring special escort.
26 When a special escort is required, as provided for in section
27 4962 (relating to conditions of permits and security for
28 damages), the cost of the escort shall be added to the permit
29 fee. The department, the Pennsylvania State Police and local
30 authorities may establish schedules of fees for escort costs
19770H1171B3316 - 100 -
1 based on mileage or otherwise.
2 § [1947] 1948. Refund of certain fees.
3 The portion of the fee of an unused overweight permit based
4 on ton-miles or the fee for an unused escort, or both, may be
5 refunded upon payment of a processing fee of $10.
6 (B) CONSTRUCTION EQUIPMENT.--THE FEE FOR A PERMIT FOR EACH <--
7 ITEM OF OVERSIZED OR OVERWEIGHT CONSTRUCTION EQUIPMENT, AS
8 PROVIDED FOR IN SECTION 4970 (RELATING TO PERMIT FOR MOVEMENT OF
9 CONSTRUCTION EQUIPMENT), SHALL BE $50.
10 (C) CONSTRUCTION STORAGE TRAILERS.--THE FEE FOR A SPECIAL
11 HAULING PERMIT FOR A CONSTRUCTION STORAGE TRAILER SHALL BE $20.
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 § 1952. CERTIFICATE OF TITLE. <--
27 (A) GENERAL RULE.--THE FEE FOR ISSUING OR TRANSFERRING A
28 CERTIFICATE OF TITLE FOR A MOBILE HOME SHALL BE $15 AND FOR ANY
29 OTHER VEHICLE SHALL BE $5.
30 (B) DUPLICATE CERTIFICATE.--THE FEE FOR A DUPLICATE
19770H1171B3316 - 101 -
1 CERTIFICATE OF TITLE SHALL BE $5.
2 (C) MANUFACTURER'S OR DEALER'S NOTIFICATION.--THE FEE FOR A
3 MANUFACTURER'S OR DEALER'S NOTIFICATION OF ACQUISITION OF A
4 VEHICLE FROM ANOTHER MANUFACTURER OR DEALER FOR RESALE PURSUANT
5 TO SECTION 1113 (RELATING TO TRANSFER TO OR FROM MANUFACTURER OR
6 DEALER) SHALL BE $2.
7 (D) CANCELLATION.--THE FEE FOR CANCELLATION OF A MOBILE HOME
8 CERTIFICATE OF TITLE SHALL BE $5.
9 (E) REMOVAL OF ENDORSEMENT.--THE FEE FOR REMOVAL OF A
10 SALVAGE AUTHORIZATION ENDORSEMENT FROM A CERTIFICATE OF TITLE
11 SHALL BE $5 UNLESS THE ENDORSEMENT IS REMOVED IN CONJUNCTION
12 WITH THE TRANSFER OF TITLE TO THE VEHICLE.
13 § 1953. Security interest.
14 The fee for recording or changing [the amount of] a security
15 interest on a certificate of title shall be $5 except that no
16 fee shall be charged pursuant to this section when a fee is also <--
17 charged pursuant to section 1952 (relating to certificate of
18 title) FOR REMOVING A SECURITY INTEREST IN CONNECTION WITH <--
19 ANOTHER TRANSACTION PERTAINING TO THE CERTIFICATE OF TITLE.
20 § 1955. Information concerning drivers and vehicles. <--
21 (a) [Registrations, titles and security interests] General
22 rule.--The fee for copies of or information relating to a
23 driver's license, learner's permit, driving record,
24 registration, title or security interest shall be $2.50.
25 * * *
26 § 1955. INFORMATION CONCERNING DRIVERS [AND], VEHICLES <--
27 AND ACCIDENTS.
28 (A) [REGISTRATIONS, TITLES AND SECURITY INTERESTS] DRIVER
29 AND VEHICLE INFORMATION.--THE FEE FOR [COPIES OF OR] INFORMATION
30 OR A COPY OF A FILE OR PORTION OF A FILE RELATING TO [A
19770H1171B3316 - 102 -
1 REGISTRATION, TITLE OR SECURITY INTEREST] SPECIFIC DRIVERS OR
2 VEHICLES SHALL BE $2.50 EXCEPT THAT THE DEPARTMENT MAY CHARGE A
3 FEE TO A GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY UNDER THIS
4 SUBSECTION BASED ON THE COST TO THE DEPARTMENT OF SUPPLYING THE
5 REQUESTED COPIES AND INFORMATION.
6 (B) ACCIDENT INFORMATION.--
7 (1) THE FEE FOR A COPY OF A POLICE ACCIDENT REPORT SHALL
8 BE $5.
9 (2) THE FEE FOR A DRIVER'S ACCIDENT REPORT REQUESTED BY
10 THE DRIVER WHO SUBMITTED IT SHALL BE $1.
11 (3) THE FEE FOR PROVIDING INFORMATION PERTAINING TO AN
12 ACCIDENT REPORT, AS AUTHORIZED IN THIS TITLE, SHALL BE $2.50.
13 [(B) OTHER DATA AND] (C) COMPILATIONS OF DATA AND
14 STATISTICAL INFORMATION.--THE DEPARTMENT MAY CHARGE TO ANY
15 PERSON OR GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY A REASONABLE
16 FEE BASED ON THE COST TO THE DEPARTMENT OF COMPILING AND
17 ANALYZING REQUESTED DATA AND STATISTICAL INFORMATION [UPON
18 REQUEST]. THE DEPARTMENT MAY ALSO ESTABLISH A MINIMUM FEE FOR
19 SUCH DATA AND INFORMATION.
20 § 1956. CERTIFIED COPIES OF RECORDS.
21 (A) DEPARTMENT RECORDS.--THE FEE FOR [A CERTIFIED COPY OF
22 ANY] CERTIFYING A DEPARTMENT RECORD OR INFORMATION PERTAINING TO
23 A RECORD WHICH THE DEPARTMENT IS AUTHORIZED BY LAW TO [FURNISH
24 TO THE PUBLIC] PROVIDE SHALL BE $5 [FOR EACH FORM OR SUPPORTING
25 DOCUMENT COMPRISING SUCH RECORD].
26 (B) STATE POLICE REPORTS.--THE FEE FOR A CERTIFIED
27 PENNSYLVANIA STATE POLICE RECORD OF INVESTIGATION OF A VEHICLE
28 ACCIDENT WHICH THE PENNSYLVANIA STATE POLICE ARE AUTHORIZED BY
29 THIS TITLE TO FURNISH TO THE PUBLIC SHALL BE $5 FOR EACH COPY OF
30 THE PENNSYLVANIA STATE POLICE FULL REPORT OF INVESTIGATION.
19770H1171B3316 - 103 -
1 § 1957. Uncollectible checks.
2 Whenever any check issued in payment of any fee or for any
3 other purpose is returned to the department as uncollectible,
4 the department or municipality shall charge a fee of $10 for
5 each driver's license, registration, replacement of tags,
6 transfer of registration, certificate of title, whether original
7 or duplicate, special hauling permit and each other unit of
8 issue by the department or municipality, plus all protest fees,
9 to the person [presenting] drawing the check, to cover the cost
10 of collection.
11 § 1958. CERTIFICATE OF INSPECTION. <--
12 THE DEPARTMENT SHALL CHARGE [25¢] 50¢ FOR EACH CERTIFICATE OF
13 INSPECTION. THE DEPARTMENT SHALL REFUND 80% OF THE COST OF ANY
14 UNISSUED CERTIFICATE OF INSPECTION UPON REQUEST MADE WITHIN 30
15 DAYS FOLLOWING THE EXPIRATION OF THE INSPECTION PERIOD FOR WHICH
16 IT WAS VALID.
17 § 1960. Driver improvement school, department hearing and
18 special examination.
19 The fee for attending a driver improvement school OR <--
20 department hearing or undergoing a special examination, as <--
21 provided for in section 1538 (relating to school, examination or
22 hearing on accumulation of points or excessive speeding), shall <--
23 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 § 1961. CHARGES BY AGENTS. <--
28 THE TOTAL CHARGE BY AN AGENT FOR PROVIDING AN APPLICANT WITH
29 ANY TYPE OF CERTIFICATE OF TITLE AND REGISTRATION SHALL NOT
30 EXCEED $5 PLUS ANY NOTARY FEES.
19770H1171B3316 - 104 -
1 § 3101. Application of part.
2 (a) General rule.--Except as provided in subsection (b), the
3 provisions of this part relating to the operation of vehicles
4 refer exclusively to the operation of vehicles upon highways
5 except where a different place is specifically referred to in a
6 particular provision.
7 (b) [Serious] Certain traffic offenses.--The provisions of
8 section 3714 (relating to reckless driving) and of [subchapter] <--
9 SUBCHAPTERS B (RELATING TO SERIOUS TRAFFIC OFFENSES) AND C <--
10 (RELATING TO ACCIDENTS AND ACCIDENT REPORTS) of Chapter 37
11 [(relating to serious traffic offenses)] shall apply upon <--
12 highways and [trafficways] UPON ALL PUBLIC AND PRIVATE PROPERTY <--
13 throughout this Commonwealth.
14 § 3102. OBEDIENCE TO AUTHORIZED PERSONS DIRECTING TRAFFIC. <--
15 NO PERSON SHALL WILLFULLY FAIL OR REFUSE TO COMPLY WITH ANY
16 LAWFUL ORDER OR DIRECTION OF ANY UNIFORMED POLICE OFFICER,
17 SHERIFF OR CONSTABLE OR ANY APPROPRIATELY ATTIRED OR EQUIPPED
18 PERSON AUTHORIZED TO DIRECT, CONTROL OR REGULATE TRAFFIC.
19 § 3105. Drivers of emergency vehicles.
20 * * *
21 (B) EXERCISE OF SPECIAL PRIVILEGES.--THE DRIVER OF AN <--
22 EMERGENCY VEHICLE MAY:
23 (1) PARK OR STAND, IRRESPECTIVE OF THE PROVISIONS OF
24 THIS PART.
25 (2) PROCEED PAST A RED SIGNAL INDICATION OR STOP SIGN,
26 BUT ONLY AFTER SLOWING DOWN AS MAY BE NECESSARY FOR SAFE
27 OPERATION[, EXCEPT AS PROVIDED IN SUBSECTION (D)].
28 (3) EXCEED THE MAXIMUM SPEED LIMITS SO LONG AS THE
29 DRIVER DOES NOT ENDANGER LIFE OR PROPERTY, EXCEPT AS PROVIDED
30 IN SUBSECTION (D).
19770H1171B3316 - 105 -
1 (4) DISREGARD REGULATIONS GOVERNING DIRECTION OF
2 MOVEMENT OR TURNING IN SPECIFIED DIRECTIONS.
3 (c) Audible and visual signals required.--The privileges
4 granted in this section to an emergency vehicle shall apply only
5 when the vehicle is making use of an audible signal and visual
6 signals meeting the requirements and standards set forth in
7 regulations adopted by the department, except that an emergency
8 vehicle operated as [a police vehicle [need]: <--
9 (1) A police vehicle: <--
10 (i) (1) Need not be equipped with or display the visual <--
11 signals.
12 (ii) (2) Need not use an audible signal when attempting <--
13 to time the rate of speed of a vehicle except when exercising
14 the special privileges granted under subsection (b)(2) or
15 (4).
16 (2) An ambulance need not use an audible signal when <--
17 transporting a patient whose condition would be aggravated by
18 the use of the audible signal.
19 [(d) [Ambulance and blood-delivery] Blood-delivery <--
20 vehicles.--The driver of [an ambulance or] a blood-delivery <--
21 vehicle shall comply with maximum speed limits, red signal
22 indications and stop signs. After ascertaining that the
23 [ambulance or] blood-delivery vehicle will be given the right- <--
24 of-way, the driver may proceed through a red signal indication
25 or stop sign.] <--
26 * * *
27 § 3111. Obedience to traffic-control devices.
28 * * *
29 (e) Evasion of traffic-control devices.--The driver of a
30 motor vehicle shall not evade or attempt to evade a traffic-
19770H1171B3316 - 106 -
1 control device by driving off the roadway and shoulder of the
2 highway.
3 § 3112. Traffic-control signals.
4 (a) General rule.--Whenever traffic is controlled by
5 traffic-control signals exhibiting different colored lights, or
6 colored lighted arrows, successively one at a time or in
7 combination, only the colors green, red and yellow shall be
8 used, except for special pedestrian signals carrying a word
9 legend, and the lights shall indicate and apply to drivers of
10 vehicles and pedestrians as follows:
11 (1) Green indication.--
12 (i) Vehicular traffic facing a circular green signal
13 may proceed straight through or turn right or left unless
14 a sign at such place prohibits either such turn except
15 that vehicular traffic, including vehicles turning right
16 or left, shall yield the right-of-way to other vehicles
17 and to pedestrians lawfully within the intersection or an
18 adjacent crosswalk at the time the signal is exhibited.
19 (ii) Vehicular traffic facing a green arrow signal,
20 shown alone or in combination with another indication,
21 may enter the intersection only to make the movement
22 indicated by the arrow, or such other movement as is
23 permitted by other indications shown at the same time.
24 Such vehicular traffic shall yield the right-of-way to
25 pedestrians lawfully within an adjacent crosswalk and to
26 other traffic lawfully using the intersection.
27 (iii) Unless otherwise directed by a pedestrian[- <--
28 control] signal as provided in section 3113 (relating to <--
29 pedestrian[-control] signals), pedestrians facing any <--
30 green signal may proceed across the roadway within a
19770H1171B3316 - 107 -
1 crosswalk.
2 (2) Steady yellow indication.--
3 (i) Vehicular traffic facing a steady yellow signal
4 is thereby warned that the related green indication is
5 being terminated or that a red indication will be
6 exhibited immediately thereafter.
7 (ii) Unless otherwise directed by a pedestrian[- <--
8 control] signal as provided in section 3113, pedestrians <--
9 facing a steady yellow signal are thereby advised that
10 there is insufficient time to cross the roadway before a
11 red indication is shown and no pedestrian [shall] SHOULD <--
12 then start to cross the roadway.
13 (3) Steady red indication.--
14 (i) Vehicular traffic facing a steady red signal
15 alone shall stop at a clearly marked stop line, or if
16 none, before entering the crosswalk on the near side of
17 the intersection, or if none, then before entering the
18 intersection and shall remain standing until an
19 indication to proceed is shown except as provided in
20 subparagraph (ii).
21 (ii) Unless a sign is in place prohibiting a turn,
22 vehicular traffic facing a steady red signal may enter
23 the intersection to turn right, or to turn left from a
24 one-way [roadway] highway onto a one-way [roadway]
25 highway after stopping as required by subparagraph (i).
26 Such vehicular traffic shall yield the right-of-way to
27 pedestrians lawfully within an adjacent crosswalk and to
28 other traffic lawfully using the intersection. THE <--
29 PROVISIONS OF THIS SUBPARAGRAPH WHICH AUTHORIZE RIGHT OR
30 LEFT TURNS ON A RED SIGNAL SHALL NOT APPLY IN CITIES OF
19770H1171B3316 - 108 -
1 THE FIRST CLASS IF THE CITY ERECTS SIGNS CONTAINING SUCH
2 INFORMATION AND PLACED AT SUCH LOCATIONS ALONG STREETS ON
3 THE CITY BOUNDARIES AS THE DEPARTMENT DETERMINES EXCEPT
4 THAT A CITY OF THE FIRST CLASS MAY PERMIT THE TYPE OF
5 RIGHT OR LEFT TURNS ON RED AUTHORIZED BY THIS
6 SUBPARAGRAPH AT INTERSECTIONS WHERE A SIGN IS IN PLACE
7 PERMITTING SUCH A TURN.
8 (iii) Unless otherwise directed by a pedestrian[- <--
9 control] signal as provided in section 3113, pedestrians <--
10 facing a steady red signal alone [shall] should not enter
11 the roadway.
12 * * * <--
13 (B) PLACES OTHER THAN INTERSECTIONS.--IN THE EVENT AN <--
14 OFFICIAL TRAFFIC-CONTROL SIGNAL IS ERECTED AND MAINTAINED AT A
15 PLACE OTHER THAN AN INTERSECTION, THE PROVISIONS OF THIS SECTION
16 SHALL BE APPLICABLE EXCEPT AS TO THOSE PROVISIONS WHICH BY THEIR
17 NATURE CAN HAVE NO APPLICATION. ANY STOP REQUIRED SHALL BE MADE
18 AT A SIGN OR MARKING ON THE PAVEMENT INDICATING WHERE THE STOP
19 SHALL BE MADE, BUT IN THE ABSENCE OF ANY SUCH SIGN OR MARKING
20 THE STOP SHALL BE MADE AT THE SIGNAL.
21 (C) INOPERABLE OR MALFUNCTIONING TRAFFIC-CONTROL SIGNAL.--IF
22 A TRAFFIC-CONTROL SIGNAL IS OUT OF OPERATION OR IS NOT
23 FUNCTIONING PROPERLY, VEHICULAR TRAFFIC FACING A:
24 (1) GREEN OR YELLOW SIGNAL MAY PROCEED WITH CAUTION AS
25 INDICATED IN SUBSECTION (A)(1) AND (2).
26 (2) RED OR COMPLETELY UNLIGHTED SIGNAL SHALL STOP IN THE
27 SAME MANNER AS AT A STOP SIGN, AND THE RIGHT TO PROCEED SHALL
28 BE SUBJECT TO THE RULES APPLICABLE AFTER MAKING A STOP AT A
29 STOP SIGN AS PROVIDED IN SECTION 3323 (RELATING TO STOP SIGNS
30 AND YIELD SIGNS).
19770H1171B3316 - 109 -
1 (D) LOCAL REGULATION.--THIS SECTION DOES NOT PROHIBIT A
2 MUNICIPALITY FROM ESTABLISHING A SUMMARY OFFENSE FOR VIOLATION
3 OF SUBSECTION (A)(2)(II) OR (3)(III).
4 § 3113. PEDESTRIAN[-CONTROL] SIGNALS.
5 (A) GENERAL RULE.--WHENEVER SPECIAL PEDESTRIAN[-CONTROL]
6 SIGNALS EXHIBITING THE WORDS "WALK" OR "DON'T WALK" ARE IN
7 PLACE, THE SIGNALS SHALL INDICATE AS FOLLOWS:
8 (1) "WALK".--PEDESTRIANS FACING THE SIGNAL SHOULD
9 PROCEED ACROSS THE ROADWAY IN THE DIRECTION OF THE SIGNAL AND
10 SHALL BE GIVEN THE RIGHT-OF-WAY BY THE DRIVERS OF ALL
11 VEHICLES.
12 (2) "DON'T WALK".--PEDESTRIANS SHOULD NOT START TO CROSS
13 THE ROADWAY IN THE DIRECTION OF THE SIGNAL, BUT ANY
14 PEDESTRIAN WHO HAS PARTIALLY COMPLETED HIS CROSSING ON THE
15 "WALK" SIGNAL SHOULD PROCEED TO A SIDEWALK OR SAFETY ZONE
16 WHILE THE "DON'T WALK" SIGNAL IS SHOWING.
17 (3) FLASHING "WALK".--WHENEVER THE "WALK" INDICATION IS
18 FLASHING, PEDESTRIANS FACING THE SIGNAL ARE CAUTIONED THAT
19 THERE IS POSSIBLE HAZARD FROM TURNING VEHICLES, BUT
20 PEDESTRIANS MAY PROCEED ACROSS THE ROADWAY IN THE DIRECTION
21 OF THE SIGNAL INDICATION AND SHALL BE GIVEN THE RIGHT-OF-WAY
22 BY THE DRIVERS OF ALL VEHICLES.
23 (4) FLASHING "DON'T WALK".--WHENEVER THE "DON'T WALK"
24 INDICATION IS FLASHING, PEDESTRIANS SHOULD NOT START TO CROSS
25 THE ROADWAY IN THE DIRECTION OF THE INDICATION, BUT ANY
26 PEDESTRIAN WHO HAS PARTLY COMPLETED CROSSING DURING THE
27 "WALK" INDICATION SHOULD PROCEED TO A SIDEWALK OR SAFETY
28 ZONE, AND ALL DRIVERS OF VEHICLES SHALL YIELD TO THE
29 PEDESTRIAN.
30 (B) LOCAL REGULATION.--THIS SECTION DOES NOT PROHIBIT A
19770H1171B3316 - 110 -
1 MUNICIPALITY FROM ESTABLISHING A SUMMARY OFFENSE FOR VIOLATION
2 OF SUBSECTION (A)(2) OR (4).
3 § 3115. LANE[-DIRECTION]-USE-CONTROL SIGNALS.
4 WHEN LANE[-DIRECTION]-USE-CONTROL SIGNALS ARE PLACED OVER THE
5 INDIVIDUAL LANES OF A STREET OR HIGHWAY, VEHICULAR TRAFFIC MAY
6 TRAVEL IN ANY LANE OVER WHICH A GREEN SIGNAL IS SHOWN, BUT SHALL
7 NOT ENTER OR TRAVEL IN ANY LANE OVER WHICH A RED SIGNAL IS
8 SHOWN.
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 <--
19 urban districts, signs shall be placed to indicate the beginning
20 and 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) AND ARE CLEARLY VISIBLE TO AN ORDINARILY <--
24 OBSERVANT PERSON, no driver shall at any time drive on the left
25 side of the roadway within the no-passing zone or on the left
26 side of any pavement striping designed to mark a no-passing zone
27 throughout its length. THIS SUBSECTION DOES NOT PROHIBIT PASSING <--
28 A PEDALCYCLE OR MOTORIZED PEDALCYCLE IF THE REQUIREMENTS OF
29 SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING ON THE LEFT)
30 ARE SATISFIED.
19770H1171B3316 - 111 -
1 (C) APPLICATION OF SECTION.--THIS SECTION DOES NOT APPLY
2 UNDER THE CONDITIONS DESCRIBED IN SECTION 3301(A)(2) AND (5)
3 (RELATING TO DRIVING ON RIGHT SIDE OF ROADWAY).
4 § 3321. VEHICLE APPROACHING OR ENTERING INTERSECTION.
5 (A) GENERAL RULE.--WHEN TWO VEHICLES APPROACH OR ENTER AN
6 INTERSECTION FROM DIFFERENT HIGHWAYS AT APPROXIMATELY THE SAME
7 TIME, THE DRIVER OF THE VEHICLE ON THE LEFT SHALL YIELD THE
8 RIGHT-OF-WAY TO THE VEHICLE ON THE RIGHT.
9 (B) [EXCEPTION] EXCEPTIONS.--THE RIGHT-OF-WAY RULE DECLARED
10 IN SUBSECTION (A) IS MODIFIED [AT THROUGH HIGHWAYS] AS FOLLOWS
11 AND OTHERWISE AS STATED IN THIS PART:
12 (1) THE DRIVER OF A VEHICLE APPROACHING A THROUGH
13 HIGHWAY SHALL YIELD THE RIGHT-OF-WAY TO ALL APPROACHING
14 VEHICLES FROM EITHER DIRECTION ON THE THROUGH HIGHWAY.
15 (2) THE DRIVER OF A VEHICLE ON THE STEM OF A "T"
16 INTERSECTION SHALL YIELD THE RIGHT-OF-WAY TO ALL APPROACHING
17 VEHICLES FROM EITHER DIRECTION ON THE STRAIGHT-THROUGH
18 HIGHWAY.
19 § 3323. Stop signs and yield signs.
20 * * *
21 (c) Duties at yield signs.--The driver of a vehicle
22 approaching a yield sign shall in obedience to the sign slow
23 down to a speed reasonable for the existing conditions and, if
24 required for safety to stop, shall stop before entering a
25 crosswalk on the near side of the intersection or, if none, then
26 at the point nearest the intersecting roadway where the driver
27 has a view of approaching traffic on the intersecting roadway
28 before entering. After slowing down or stopping, the driver
29 shall yield the right-of-way to any vehicle in the intersection
30 or approaching on another roadway so closely as to constitute a
19770H1171B3316 - 112 -
1 hazard during the time the driver is moving across or within the
2 intersection of roadways. If a driver is involved in a collision
3 with a vehicle in the intersection [or junction] of roadways
4 after driving past a yield sign, the collision shall be deemed
5 prima facie evidence of failure of the driver to yield the
6 right-of-way.
7 § 3331. Required position and method of turning.
8 * * *
9 (b) Left turn.--The driver of a vehicle intending to turn
10 left shall approach the turn in the extreme left-hand lane
11 lawfully available to traffic moving in the direction of travel
12 of the vehicle. Whenever practicable, the left turn shall be
13 made to the left of the center of the intersection and so as to
14 [leave the intersection or location in] enter the extreme left-
15 hand lane lawfully available to traffic moving in the same
16 direction as the vehicle on the roadway being entered.
17 * * *
18 § 3332. LIMITATIONS ON TURNING AROUND. <--
19 (A) GENERAL RULE.--THE DRIVER OF ANY VEHICLE SHALL NOT TURN
20 THE VEHICLE SO AS TO PROCEED IN THE OPPOSITE DIRECTION UNLESS
21 THE MOVEMENT CAN BE MADE IN SAFETY AND WITHOUT INTERFERING WITH
22 OTHER TRAFFIC.
23 (B) TURNS ON CURVES OR GRADES.--NO VEHICLE SHALL BE TURNED
24 SO AS TO PROCEED IN THE OPPOSITE DIRECTION UPON ANY CURVE, OR
25 UPON THE APPROACH TO OR NEAR THE CREST OF A GRADE, WHERE THE
26 VEHICLE CANNOT BE SEEN BY THE DRIVER OF ANY OTHER VEHICLE
27 APPROACHING FROM EITHER DIRECTION WITHIN 500 FEET.
28 (C) TURNS PROHIBITED BY TRAFFIC-CONTROL DEVICES.--NO VEHICLE
29 SHALL BE TURNED SO AS TO PROCEED IN THE OPPOSITE DIRECTION WHERE
30 SUCH TURNS ARE PROHIBITED BY AN OFFICIAL TRAFFIC-CONTROL DEVICE.
19770H1171B3316 - 113 -
1 § 3334. Turning movements and required signals.
2 * * *
3 (b) Signals on turning and starting.--At speeds of [less
4 than] 35 miles per hour or less, an appropriate signal of
5 intention to turn right or left shall be given continuously
6 during not less than the last 100 feet traveled by the vehicle
7 before turning. The signal shall be given during not less than
8 the last 300 feet at speeds in excess of 35 miles per hour. The
9 signal shall also be given prior to entry of the vehicle into
10 the traffic stream from a parked position.
11 * * *
12 § 3335. Signals by hand and arm or signal lamps.
13 (a) General rule.--Any stop or turn signal shall be given
14 either by means of the hand and arm or by signal lamps, except
15 as otherwise provided in subsection (b).
16 (b) Required signals by signal lamps.--Any motor vehicle in
17 use on a highway shall be equipped with, and required signal
18 shall be given by, signal lamps when the distance from the
19 center of the top of the steering post to the left outside limit
20 of the body, cab or load of the motor vehicle exceeds 24 inches,
21 or when the distance from the center of the top of the steering
22 post to the rear limit of the body or load exceeds 14 feet. The
23 latter measurement shall apply to any single vehicle and to any
24 combination of vehicles.
25 (c) Exception.--This section does not apply to a motor
26 vehicle registered as an antique or [classic] historic MOTOR <--
27 vehicle which was not originally equipped with signal lamps.
28 § 3342. Vehicles required to stop at railroad crossings.
29 * * *
30 (d) Hazardous substances violations.--All prosecutions for <--
19770H1171B3316 - 114 -
1 violations of this section by drivers of vehicles carrying
2 hazardous substances as determined by the Hazardous Substances
3 Transportation Board shall be brought under the act of November
4 9, 1965 (P.L.657, No.323), known as the "Hazardous Substances
5 Transportation Act," and regulations promulgated thereunder.
6 (B) EXCEPTIONS.--THIS SECTION DOES NOT APPLY AT ANY OF THE <--
7 FOLLOWING:
8 (1) ANY RAILROAD GRADE CROSSING AT WHICH TRAFFIC IS
9 CONTROLLED BY A POLICE OFFICER OR FLAGMAN.
10 (2) ANY RAILROAD GRADE CROSSING AT WHICH TRAFFIC IS
11 REGULATED BY A TRAFFIC CONTROL SIGNAL.
12 (3) [ANY RAILROAD GRADE CROSSING PROTECTED BY CROSSING
13 GATES OR AN ALTERNATELY FLASHING LIGHT SIGNAL INTENDED TO
14 GIVE WARNING OF THE APPROACH OF A RAILROAD TRAIN.
15 (4)] ANY RAILROAD GRADE CROSSING AT WHICH AN OFFICIAL
16 TRAFFIC-CONTROL DEVICE GIVES NOTICE THAT THE STOPPING
17 REQUIREMENT IMPOSED BY THIS SECTION DOES NOT APPLY.
18 (C) REGULATIONS DEFINING VEHICLES SUBJECT TO SECTION.--THE
19 DEPARTMENT SHALL ADOPT SUCH REGULATIONS AS MAY BE NECESSARY
20 DESCRIBING THE VEHICLES WHICH MUST COMPLY WITH THE STOPPING
21 REQUIREMENTS OF THIS SECTION. IN FORMULATING THE REGULATIONS,
22 THE DEPARTMENT SHALL GIVE CONSIDERATION TO THE HAZARDOUS NATURE
23 OF ANY SUBSTANCE CARRIED BY THE VEHICLE AS DETERMINED BY THE
24 HAZARDOUS SUBSTANCES TRANSPORTATION BOARD AND TO THE NUMBER OF
25 PASSENGERS CARRIED BY THE VEHICLE IN DETERMINING WHETHER THE
26 VEHICLE SHALL BE REQUIRED TO STOP. THESE REGULATIONS SHALL BE
27 DEVELOPED IN CONJUNCTION WITH THE PENNSYLVANIA PUBLIC UTILITY
28 COMMISSION [AND THE URBAN MASS TRANSPORTATION AUTHORITY] AND
29 SHALL CORRELATE WITH AND SO FAR AS POSSIBLE CONFORM TO THE
30 CURRENT REGULATIONS OF THE UNITED STATES DEPARTMENT OF
19770H1171B3316 - 115 -
1 TRANSPORTATION.
2 (D) PROSECUTION UNDER OTHER LAWS.--ALL PROSECUTIONS FOR
3 VIOLATIONS OF THIS SECTION BY DRIVERS OF VEHICLES:
4 (1) CARRYING HAZARDOUS SUBSTANCES AS DETERMINED BY THE
5 HAZARDOUS SUBSTANCES TRANSPORTATION BOARD SHALL BE BROUGHT
6 UNDER THE ACT OF NOVEMBER 9, 1965 (P.L.657, NO.323), KNOWN AS
7 THE "HAZARDOUS SUBSTANCES TRANSPORTATION ACT," AND
8 REGULATIONS PROMULGATED THEREUNDER.
9 (2) REGULATED BY THE PUBLIC UTILITY COMMISSION SHALL BE
10 BROUGHT UNDER THE ACT OF MAY 28, 1937 (P.L.1053, NO.286),
11 KNOWN AS THE "PUBLIC UTILITY LAW," AND REGULATIONS
12 PROMULGATED THEREUNDER.
13 § 3345. Meeting or overtaking school bus.
14 (a) Duty of approaching driver when red signals are
15 flashing.--Except as provided in subsection (g), the driver of a
16 vehicle meeting or overtaking any school bus stopped on the
17 highway shall stop at least ten feet before reaching the school
18 bus when the red signal lights on the school bus are flashing.
19 The driver shall not proceed until the flashing red signal
20 lights are no longer actuated. In no event shall a driver of a
21 vehicle resume motion of the vehicle until the school children
22 who may have alighted from the school bus have reached a place
23 of safety.
24 (b) Duty of approaching driver when amber signals are
25 flashing.--The driver of a vehicle meeting or overtaking any
26 school bus shall proceed past the school bus with caution and
27 shall be prepared to stop when the amber signal lights are
28 flashing.
29 (c) Use of red signals.--The red visual signals shall be
30 actuated by the driver of every school bus whenever the vehicle
19770H1171B3316 - 116 -
1 is stopped on the highway for the purpose of receiving or
2 discharging school children, except as provided in subsections
3 (e) and (f). The signals shall not be terminated until the
4 school children who may have alighted from the school bus have
5 reached a place of safety or until boarding school children have
6 completed boarding the bus and are seated. THE DRIVER SHALL NOT <--
7 ALLOW THE BUS TO RESUME MOTION UNTIL ALL BOARDING CHILDREN ARE
8 SEATED.
9 (d) Use of amber signals.--The amber visual signals shall be
10 actuated by the driver of every school bus not more than 300
11 feet nor less than 150 feet prior to making a stop for the
12 purpose of receiving or discharging school children and shall
13 remain in operation until the red visual signals are actuated.
14 Amber signals shall not be used unless the red visual signals
15 are to be actuated immediately following.
16 (e) Limitations on use of signals.--The visual signals <--
17 required in the regulations shall not be actuated on streets in
18 urban districts designated by the department or local
19 authorities, at intersections or other places where traffic is
20 controlled by uniformed police officers or appropriately attired
21 persons authorized to direct, control or regulate traffic, or in
22 school bus loading areas designated by the department or local
23 authorities when the bus is entirely off the roadway and
24 shoulder.
25 (E) LIMITATIONS ON USE OF SIGNALS.--THE VISUAL SIGNALS <--
26 REQUIRED IN THE REGULATIONS SHALL NOT BE ACTUATED [ON]:
27 (1) ON STREETS IN URBAN DISTRICTS DESIGNATED BY THE
28 DEPARTMENT OR LOCAL AUTHORITIES[, AT].
29 (2) AT INTERSECTIONS OR OTHER PLACES WHERE TRAFFIC IS
30 CONTROLLED BY UNIFORMED POLICE OFFICERS OR APPROPRIATELY
19770H1171B3316 - 117 -
1 ATTIRED OR EQUIPPED PERSONS AUTHORIZED TO DIRECT, CONTROL OR
2 REGULATE TRAFFIC[, OR IN].
3 (3) IN SCHOOL BUS LOADING [AREAS DESIGNATED BY THE
4 DEPARTMENT OR LOCAL AUTHORITIES WHEN THE BUS IS ENTIRELY OFF
5 THE ROADWAY.] ZONES LOCATED:
6 (I) SO THAT THE SCHOOL BUS IS ENTIRELY OFF THE
7 ROADWAY AND SHOULDER; OR
8 (II) AT OR NEAR A SCHOOL.
9 (f) Operation for nonschool purposes.--When a school bus is
10 being operated upon a highway for purposes other than the actual
11 transportation of school children to or from school or in
12 connection with school activities, all markings indicating
13 "SCHOOL BUS" shall be covered or concealed. During such
14 operation, the flashing visual signals shall not be actuated.
15 (g) Exceptions from stopping requirements.--The driver of a
16 vehicle upon [a highway with separate roadways] a divided
17 highway need not stop upon meeting or passing a school bus with
18 actuated red signal lights which is on [a different roadway] the
19 opposite side of the divided highway.
20 (h) Loading zones for school children.--Every school
21 district transporting school children by school bus shall
22 establish and maintain school bus loading zones at or near all
23 schools to or from which school children are transported and
24 [shall establish school bus loading zones] along the highways <--
25 traversed by school buses in accordance with regulations
26 promulgated by the department.
27 (i) Mandatory use of loading zones.--Whenever school bus
28 loading zones have been established at or near a school or along
29 a highway, it is unlawful for a DRIVER OF A school bus <--
30 [operator] to stop the bus to pick up or discharge school <--
19770H1171B3316 - 118 -
1 children at any location other than at the loading zones. A list
2 or map of approved loading zones for the route of the bus shall
3 be carried by the [operator] DRIVER. <--
4 (J) SCHOOL BUS DEFINED.--AS USED IN THIS SECTION "SCHOOL <--
5 BUS" INCLUDES BUSES OPERATED BY URBAN MASS TRANSPORTATION
6 SYSTEMS FOR THE EXCLUSIVE USE OF SCHOOL CHILDREN IN COMPLIANCE
7 WITH FEDERAL SAFETY STANDARDS AND SAFETY REGULATIONS OF THE
8 PUBLIC UTILITY COMMISSION AND THE DEPARTMENT AND OTHER MOTOR
9 VEHICLES WHICH, IN COMPLIANCE WITH FEDERAL SAFETY STANDARDS AND
10 PUBLIC UTILITY COMMISSION OR DEPARTMENT REGULATIONS, MEET THE
11 COLOR, IDENTIFICATION AND VISUAL SIGNAL REQUIREMENTS OF SECTION
12 4552(A) AND (B) (RELATING TO GENERAL REQUIREMENTS FOR SCHOOL
13 BUSES).
14 [(j)] (K) Penalty.--Any person violating subsection (a) is <--
15 guilty of a summary offense and shall, upon conviction, be
16 sentenced to pay a fine of $100.
17 § 3346. Meeting or overtaking streetcar.
18 Except where a safety zone has been established, the driver
19 of a vehicle meeting or overtaking any streetcar stopped on the
20 highway for the purpose of taking on or discharging passengers
21 shall not pass the streetcar on the side on which passengers are
22 being taken on or discharged until the streetcar has started and
23 any passengers who may have alighted have reached a place of
24 safety.
25 § 3351. Stopping, standing and parking outside business and
26 residence districts.
27 (a) General rule.--Outside a business or residence district,
28 no person shall stop, park or stand any vehicle, whether
29 attended or unattended, upon the roadway when it is practicable
30 to stop, park or stand the vehicle off the roadway. In the event
19770H1171B3316 - 119 -
1 it is necessary to stop, park or stand the vehicle on the
2 roadway or any part of the roadway, an unobstructed width of the
3 highway opposite the vehicle shall be left for the free passage
4 of other vehicles and the vehicle shall be visible from a
5 distance of 500 feet in each direction upon the highway.
6 (b) [Exception for disabled vehicles] Exceptions.--
7 (1) [This] NO PERSON SHALL BE PENALIZED UNDER THIS <--
8 section [and sections] OR SECTION 3353 (relating to <--
9 prohibitions in specified places) [and] OR 3354 (relating to <--
10 additional parking regulations) [do not apply to the driver <--
11 of any] IF THE vehicle [which] is disabled in such a manner <--
12 and to such an extent that it is impossible to avoid stopping
13 and temporarily leaving the vehicle in that position.
14 (2) This section does not apply to mail delivery
15 vehicles MAKING PICKUPS OR DELIVERIES. <--
16 § 3352. Removal of vehicle by or at direction of police.
17 (a) Outside business and residence districts.--Whenever any
18 police officer finds a vehicle in violation of any of the
19 provisions of section 3351 (relating to stopping, standing and
20 parking outside business and residence districts), the officer
21 may move the vehicle, or cause the vehicle to be moved, or
22 require the driver or other person in charge of the vehicle to
23 move the vehicle, to a position off the roadway where the
24 vehicle will not interfere unduly with the normal movement of
25 traffic or constitute a safety hazard.
26 (b) Unattended vehicle obstructing traffic.--Any police
27 officer may remove or cause to be removed to a NEARBY GARAGE OR <--
28 OTHER NEARBY place of safety any unattended vehicle illegally
29 left standing upon any highway, bridge, causeway or in any
30 tunnel, in such position or under such circumstances as to
19770H1171B3316 - 120 -
1 interfere unduly with the normal movement of traffic or
2 constitute a safety hazard.
3 (c) Removal to garage or place of safety.--Any police
4 officer may remove or cause to be removed to a nearby garage or
5 other NEARBY place of safety any vehicle [found upon a highway] <--
6 under any of the following circumstances:
7 (1) Report has been made that the vehicle has been
8 stolen or taken without the consent of its owner.
9 (2) The person or persons in charge of the vehicle are
10 physically unable to provide for the custody or removal of
11 the vehicle.
12 (3) The person driving or in control of the vehicle is
13 arrested for an alleged offense for which the officer is
14 required by law to take the person arrested before an issuing
15 authority without unnecessary delay.
16 (4) The vehicle is in violation of section 3353
17 (relating to prohibitions in specified places) except for
18 overtime parking.
19 (5) The vehicle has been abandoned as defined in this
20 title. [The officer shall comply with the provisions of <--
21 subsection (d) and Chapter 73 (relating to abandoned vehicles
22 and cargos).] <--
23 (d) Procedure.-- <--
24 (1) If the vehicle has been abandoned and does not fall
25 within the conditions enumerated in subsection (a), (b) or
26 (c)(1), (2), (3) or (4), the officer shall comply with the
27 provisions of subsection (e).
28 (2) Unclaimed vehicles shall be disposed of in
29 accordance with Chapter 73 (relating to abandoned vehicles
30 and cargos).
19770H1171B3316 - 121 -
1 [(d)] (e) Notice to owner prior to removal.-- <--
2 (1) Prior to removal under subsection (c)(5) of [an <--
3 abandoned] A vehicle WHICH IS ABANDONED UPON A HIGHWAY AND IS <--
4 NOT IN VIOLATION OF SUBSECTION (B), SECTION 3351(A) (RELATING
5 TO STOPPING, STANDING AND PARKING OUTSIDE BUSINESS AND
6 RESIDENCE DISTRICTS) OR SECTION 3353 (RELATING TO
7 PROHIBITIONS IN SPECIFIED PLACES) bearing registration plate
8 by which the last registered owner of the vehicle can be
9 determined, notice shall be sent by certified mail to the
10 last registered owner of the vehicle informing the owner that
11 unless the vehicle is moved to a suitable location within
12 five days of the date notice is mailed, the vehicle will be
13 removed under this section and held at a suitable facility
14 where it may be reclaimed by the owner in accordance with the
15 provisions of section 7306 (relating to payment of costs upon
16 reclaiming vehicle). If the abandoned motor vehicle does not
17 bear an identifiable registration plate, the notice may be
18 secured to 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 (E) PAYMENT OF REMOVAL COSTS.--ANY COSTS INCURRED IN <--
30 REMOVING A VEHICLE UNDER THIS SECTION SHALL BE PAID BY THE
19770H1171B3316 - 122 -
1 DRIVER OR OWNER TO THE PERSON INCURRING THE COSTS OR TO THE
2 ISSUING AUTHORITY AS COSTS OF PROSECUTION FOR PAYMENT TO THE
3 PERSON INCURRING THE COSTS.
4 § 3353. Prohibitions in specified places.
5 (a) General rule.--Except when necessary to avoid conflict
6 with other traffic or to protect the safety of any person or
7 vehicle or in compliance with law or the directions of a police
8 officer or official traffic-control device, no person shall:
9 (1) Stop, stand or park a vehicle:
10 (i) On the roadway side of any vehicle stopped or
11 parked at the edge or curb of a street except that [a <--
12 pedalcycle may be parked as provided in section
13 3509(b)(2) (relating to parking)]: and except where such <--
14 stopping, standing or parking for the purpose of loading
15 or unloading is authorized by local ordinance.
16 (A) A PEDALCYCLE MAY BE PARKED AS PROVIDED IN <--
17 SECTION 3509(B)(2) (RELATING TO PARKING).
18 (B) STANDING OR PARKING FOR THE PURPOSE OF
19 LOADING OR UNLOADING PERSONS OR PROPERTY MAY BE
20 AUTHORIZED BY LOCAL ORDINANCE, BUT THE ORDINANCE
21 SHALL NOT AUTHORIZE STANDING OR PARKING ON STATE
22 DESIGNATED HIGHWAYS EXCEPT DURING OFF-PEAK TRAFFIC-
23 FLOW HOURS AS DETERMINED BY DEPARTMENT REGULATIONS.
24 (ii) On a sidewalk except that a pedalcycle may be
25 parked as provided in section 3509(b)(2).
26 (iii) Within an intersection.
27 (iv) On a crosswalk.
28 (v) Between a safety zone and the adjacent curb
29 within 30 feet of points on the curb immediately opposite
30 the ends of a safety zone, unless a different length is
19770H1171B3316 - 123 -
1 indicated by official traffic-control devices.
2 (vi) Alongside or opposite any street excavation or
3 obstruction when stopping, standing or parking would
4 obstruct traffic.
5 (vii) Upon any bridge or other elevated structure
6 upon a highway or within a highway tunnel.
7 (viii) On any railroad tracks.
8 (ix) In the area between roadways of a divided
9 highway, including crossovers.
10 (x) At any place where official [signs] TRAFFIC- <--
11 CONTROL DEVICES prohibit stopping.
12 (2) Stand or park a vehicle:
13 (i) In front of a public or private driveway.
14 (ii) Within 15 feet of a fire hydrant.
15 (iii) Within 20 feet of a crosswalk at an
16 intersection.
17 (iv) Within 30 feet [upon] OF the approach to any <--
18 flashing signal, stop sign, yield sign or traffic-control
19 signal located at the [site] SIDE of a roadway. <--
20 (v) Within 20 feet of the driveway entrance to any
21 fire station or, when [properly sign posted, on the side
22 of a street opposite the entrance to any fire station
23 within 75 feet of the entrance.] signs are duly posted on
24 the opposite side of the street, within 75 feet of the
25 points immediately opposite the intersections of the
26 sides of the driveway entrance with the curb line.
27 (vi) Where the vehicle would prevent the free
28 movement of a streetcar.
29 (vii) On a limited access highway unless authorized
30 by official traffic-control devices.
19770H1171B3316 - 124 -
1 (viii) At any place where official [signs] TRAFFIC- <--
2 CONTROL DEVICES prohibit standing.
3 (3) Park a vehicle:
4 (i) Within 50 feet of the nearest rail of a railroad
5 crossing.
6 (ii) At any place where official [signs] TRAFFIC- <--
7 CONTROL DEVICES prohibit parking.
8 * * * <--
9 (e) Penalty.--Any person violating any provision of this
10 section is guilty of a summary offense and shall, upon
11 conviction, be sentenced to pay a fine of not more than $15.
12 (B) UNATTENDED VEHICLE ON PUBLIC OR PRIVATE PROPERTY.--NO <--
13 PERSON SHALL PARK OR LEAVE UNATTENDED A VEHICLE ON PUBLIC OR
14 PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OR OTHER
15 PERSON IN CONTROL OR POSSESSION OF THE PROPERTY EXCEPT IN THE
16 CASE OF EMERGENCY OR DISABLEMENT OF THE VEHICLE, IN WHICH CASE
17 THE OPERATOR SHALL ARRANGE FOR THE REMOVAL OF THE VEHICLE AS
18 SOON AS POSSIBLE.
19 (C) PROPERTY OWNER MAY REMOVE VEHICLE.--[THE OWNER OR OTHER <--
20 PERSON IN CHARGE OR POSSESSION OF ANY PROPERTY ON WHICH A
21 VEHICLE IS PARKED OR LEFT UNATTENDED IN VIOLATION OF THE
22 PROVISIONS OF SUBSECTION (B) MAY REMOVE OR HAVE REMOVED THE
23 VEHICLE AT THE REASONABLE EXPENSE OF THE OWNER OF THE VEHICLE.] <--
24 (1) THE OWNER OR OTHER PERSON IN CHARGE OR POSSESSION OF
25 ANY PROPERTY ON WHICH A VEHICLE IS PARKED OR LEFT UNATTENDED
26 IN VIOLATION OF THE PROVISIONS OF SUBSECTION (B) MAY HAVE A
27 SALVOR OR TOWER REMOVE THE VEHICLE AT THE REASONABLE EXPENSE
28 OF THE OWNER OR REGISTRANT OF THE VEHICLE IF THE PROPERTY IS:
29 (I) PRIVATE AND USED FOR PARKING EXCLUSIVELY IN
30 CONNECTION WITH A DWELLING OR DWELLINGS OR NOT OPEN TO
19770H1171B3316 - 125 -
1 USE BY MOTOR VEHICLES.
2 (II) OPEN TO THE PUBLIC OR USED FOR PARKING WITHOUT
3 CHARGE AND POSTED IN ACCORDANCE WITH DEPARTMENT
4 REGULATIONS.
5 (III) USED FOR PARKING WITH CHARGE AND POSTED IN
6 ACCORDANCE WITH DEPARTMENT REGULATIONS AND THE VEHICLE
7 HAS REMAINED ON THE PROPERTY FOR MORE THAN 12 HOURS. ANY
8 VEHICLE PARKED OR LEFT UNATTENDED ON SUCH PROPERTY MAY BE
9 ASSESSED A PENALTY IN ADDITION TO TOWING CHARGES, IF ANY,
10 OF NOT MORE THAN THE REGULAR CHARGE FOR PARKING 12 HOURS
11 OR $15, WHICHEVER IS LESS.
12 (2) ANY SALVOR OR TOWER REMOVING A VEHICLE PURSUANT TO
13 PARAGRAPH (1) SHALL IMMEDIATELY NOTIFY THE POLICE HAVING
14 JURISDICTION OF THE PLACE WHERE THE VEHICLE WAS FOUND OF THE
15 NEW LOCATION OF THE VEHICLE.
16 (3) NO STORAGE COSTS SHALL BE ASSESSED PURSUANT TO
17 PARAGRAPH (1) FOR THE FIRST 24 HOURS OF POSSESSION OF A
18 VEHICLE.
19 (D) RESTRICTIONS BY APPROPRIATE AUTHORITIES.--THE DEPARTMENT
20 ON STATE-DESIGNATED HIGHWAYS AND LOCAL AUTHORITIES ON ANY
21 HIGHWAY WITHIN THEIR BOUNDARIES MAY BY ERECTION OF OFFICIAL
22 TRAFFIC-CONTROL DEVICES PROHIBIT, LIMIT OR RESTRICT STOPPING,
23 STANDING OR PARKING OF VEHICLES ON ANY HIGHWAY [WHERE
24 ENGINEERING AND TRAFFIC STUDIES INDICATE THAT STOPPING, STANDING
25 OR PARKING WOULD CONSTITUTE A SAFETY HAZARD OR WHERE THE
26 STOPPING, STANDING OR PARKING OF VEHICLES WOULD UNDULY INTERFERE
27 WITH THE FREE MOVEMENT OF TRAFFIC]:
28 (1) WHERE ENGINEERING AND TRAFFIC STUDIES INDICATE THAT
29 STOPPING, STANDING OR PARKING WOULD CONSTITUTE A SAFETY
30 HAZARD OR WOULD UNDULY INTERFERE WITH THE FREE MOVEMENT OF
19770H1171B3316 - 126 -
1 TRAFFIC; OR
2 (2) WHERE SPECIAL CONDITIONS MAKE IT NECESSARY TO KEEP A
3 HIGHWAY FREE OF PARKED VEHICLES FOR PUBLIC ACTIVITIES SUCH AS
4 STREET CLEANING OR SNOW REMOVAL OR TO INSURE REASONABLE
5 AVAILABILITY OF ON-STREET PARKING FACILITIES.
6 (E) PENALTY.--
7 (1) ANY PERSON VIOLATING ANY PROVISION OF THIS SECTION
8 IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
9 SENTENCED TO PAY A FINE OF NOT MORE THAN $15.
10 (2) THE OWNER OR OPERATOR OF A GARAGE OR OTHER AREA
11 PROVIDED FOR PARKING WHO REMOVES A VEHICLE CONTRARY TO THE
12 PROVISIONS OF THIS SECTION IS GUILTY OF A SUMMARY OFFENSE AND
13 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $25
14 PLUS THE COSTS INCURRED BY THE OWNER IN RECOVERING THEIR
15 VEHICLE.
16 (3) ANY COSTS INCURRED IN REMOVING A VEHICLE UNDER THIS
17 SECTION SHALL BE PAID BY THE DRIVER OR OWNER TO THE PERSON
18 INCURRING THE COSTS OR TO THE ISSUING AUTHORITY AS COSTS OF
19 PROSECUTION FOR PAYMENT TO THE PERSON INCURRING THE COSTS.
20 § 3354. Additional parking regulations.
21 * * *
22 (d) Handicapped persons and disabled veterans.--
23 (1) [When a motor vehicle bearing registration plates <--
24 issued to handicapped persons or disabled veterans as
25 prescribed in this title is being operated by or for the
26 transportation of the handicapped person or disabled veteran,
27 the driver shall be relieved of any liability for parking for
28 a period of 60 minutes in excess of the legal parking period
29 permitted by local authorities except where local ordinances
30 or police regulations provide for the accommodation of heavy
19770H1171B3316 - 127 -
1 traffic during morning, afternoon or evenings hours.] ANY <--
2 PERSON WHOSE VEHICLE BEARS A REGISTRATION PLATE ISSUED UNDER
3 SECTION 1338 (RELATING TO HANDICAPPED PLATE) SHALL BE ALLOWED
4 TO PARK IN ANY PUBLIC METERED SPACE WITHOUT PAYING A METER
5 FEE AND SHALL BE EXEMPT FROM ANY TIME RESTRICTION IN ANY
6 PUBLIC PARKING ZONE IN WHICH PARKING TIME IS NORMALLY LIMITED
7 SUBJECT TO THE FOLLOWING:
8 (I) THE VEHICLE SHALL NOT REMAIN IN THE SAME PARKING
9 SPACE FOR MORE THAN 24 HOURS.
10 (II) UPON REQUEST OF THE APPROPRIATE AUTHORITIES,
11 THE VEHICLE SHALL BE MOVED TO FACILITATE SAFETY OR
12 REPAIRS AND MAINTENANCE (EXCEPT CLEANING) TO THE PARKING
13 AREA.
14 (2) At the request of any handicapped person or disabled
15 veteran, local authorities may erect on the highway as close
16 as possible to their place of residence a sign or signs
17 indicating that that place is reserved for a handicapped
18 person or disabled veteran, that no parking is allowed there
19 by others, and that any unauthorized person parking there
20 shall be subject to a fine.
21 * * *
22 § 3355. CONSENT OR DIRECTION TO MOVE VEHICLE. <--
23 (A) GENERAL RULE.--NO PERSON SHALL MOVE A VEHICLE WITHOUT
24 THE CONSENT OF THE OWNER OR REGISTRANT OR A PERSON AUTHORIZED BY
25 THE OWNER OR REGISTRANT UNLESS DIRECTED BY A POLICE OFFICER IN
26 ACCORDANCE WITH SECTION 3352 (RELATING TO REMOVAL OF VEHICLE BY
27 OR AT DIRECTION OF POLICE) EXCEPT THAT A SALVOR OR TOWER MAY
28 REMOVE A VEHICLE FROM PRIVATE PROPERTY IN ACCORDANCE WITH
29 SECTION 3353(C) (RELATING TO PROHIBITIONS IN SPECIFIED PLACES)
30 WITHOUT THE DIRECTION OF A POLICE OFFICER. A TOWER SHALL NOT
19770H1171B3316 - 128 -
1 MOVE AN ABANDONED VEHICLE UNLESS A SALVOR IS NOT AVAILABLE.
2 (B) IMPLIED CONSENT.--EVERY DRIVER, OWNER AND REGISTRANT OF
3 A VEHICLE IN THIS COMMONWEALTH SHALL BE DEEMED TO HAVE GIVEN
4 CONSENT TO HAVE THE VEHICLE REMOVED AT THEIR REASONABLE EXPENSE
5 AND DETAINED TO INSURE PAYMENT IF THE VEHICLE IS REMOVED UNDER
6 THE PROVISIONS OF SECTION 3352(A), (B) OR (C) OR SECTION
7 3353(C).
8 § 3356. AUTHORIZATION OF TOWERS.
9 (A) GENERAL RULE.--THE DEPARTMENT SHALL AUTHORIZE AND ISSUE
10 A CERTIFICATE OF AUTHORIZATION TO EVERY TOWER THAT COMPLIES WITH
11 REGULATIONS ADOPTED BY THE DEPARTMENT.
12 (B) PLACE OF BUSINESS.--EVERY TOWER SHALL HAVE AND MAINTAIN
13 AN ESTABLISHED PLACE OF BUSINESS.
14 (C) BOND REQUIRED.--
15 (1) EACH TOWER SHALL FURNISH AND MAINTAIN A BOND
16 INDEMNIFYING THE PUBLIC AND THE DEPARTMENT IN THE AMOUNT OF
17 $5,000.
18 (2) A TOWER WHO HAS FILED A BOND WITH THE COMMONWEALTH
19 IS NOT REQUIRED TO FILE A SEPARATE BOND UNDER THIS SECTION IF
20 THE BOND ALREADY ON FILE WITH THE COMMONWEALTH IS COMPARABLE
21 IN AMOUNT AND COVERAGE TO THE BOND REQUIRED UNDER THIS
22 SECTION.
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
19770H1171B3316 - 129 -
1 all times or at times indicated and may vary [for different <--
2 weather] ACCORDING TO conditions [and other factors] bearing on <--
3 safe speeds. No maximum speed greater than 55 miles per hour
4 shall be 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
19770H1171B3316 - 130 -
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 (B) SCHOOL AND CONSTRUCTION ZONES.-- <--
16 (1) WHEN PASSING A SCHOOL ZONE AS DEFINED AND
17 ESTABLISHED UNDER REGULATIONS OF THE DEPARTMENT, NO PERSON
18 SHALL DRIVE A VEHICLE AT A SPEED GREATER THAN [THAT
19 ESTABLISHED FOR THE PARTICULAR SCHOOL ZONE] 15 MILES PER
20 HOUR. AN OFFICIAL TRAFFIC-CONTROL DEVICE SHALL INDICATE THE
21 BEGINNING AND END OF EACH SCHOOL ZONE TO TRAFFIC APPROACHING
22 IN EACH DIRECTION. SUCH TRAFFIC-CONTROL DEVICES SHALL NOT BE
23 OPERATED ON DAYS WHEN SCHOOL IS NOT IN SESSION. ESTABLISHMENT
24 OF A SCHOOL ZONE ON A STATE HIGHWAY, INCLUDING ITS
25 LOCATION[,] AND HOURS OF OPERATION [AND SPEED LIMIT], SHALL
26 BE APPROVED BY THE DEPARTMENT.
27 (2) NO PERSON SHALL DRIVE A VEHICLE AT A SPEED IN EXCESS
28 OF 25 MILES PER HOUR, OR AS OTHERWISE INDICATED, WHEN PASSING
29 A CONSTRUCTION ZONE, SO MARKED IN ACCORDANCE WITH DEPARTMENT
30 REGULATIONS.
19770H1171B3316 - 131 -
1 (c) Hazardous grades.--The department and local authorities
2 on highways under their respective jurisdictions may conduct
3 [traffic and engineering investigations] engineering and traffic
4 studies on grades which are considered hazardous. If the grade
5 is determined to be hazardous, vehicles having a gross weight in
6 excess of a determined safe weight may be further limited as to
7 maximum speed and may be required to stop before proceeding
8 downhill. The restrictions shall be indicated by official
9 traffic-control devices erected and maintained according to
10 regulations established by the department.
11 * * *
12 § 3367. Racing on highways.
13 * * *
14 (b) General rule.--[No person shall drive a vehicle on a
15 highway in any race, speed competition or contest, drag race or
16 acceleration contest, test of physical endurance, exhibition of
17 speed or acceleration, or for the purpose of making a speed
18 record, and no person shall in any manner participate in any
19 such race, competition, contest, test or exhibition] No person
20 shall, while on a highway, drive a motor vehicle or in any other <--
21 manner participate in any race, drag race OR speed competition, <--
22 contest or exhibition ON A HIGHWAY. <--
23 * * *
24 § 3368. SPEED TIMING DEVICES. <--
25 * * *
26 (D) APPROVAL AND TESTING OF MECHANICAL, ELECTRICAL AND
27 ELECTRONIC DEVICES.--
28 (1) ALL MECHANICAL[, ELECTRICAL OR ELECTRONIC] DEVICES
29 SHALL BE OF A TYPE APPROVED BY THE [DEPARTMENT,] DEPARTMENT
30 OF AGRICULTURE WHICH SHALL APPOINT STATIONS FOR CALIBRATING
19770H1171B3316 - 132 -
1 AND TESTING THE DEVICES AND MAY PRESCRIBE REGULATIONS AS TO
2 THE MANNER IN WHICH CALIBRATIONS AND TESTS SHALL BE MADE.
3 (2) ALL ELECTRICAL OR ELECTRONIC DEVICES SHALL BE OF A
4 TYPE APPROVED BY THE DEPARTMENT OF TRANSPORTATION WHICH SHALL
5 APPOINT STATIONS FOR CALIBRATING AND TESTING THE DEVICES AND
6 MAY PRESCRIBE REGULATIONS AS TO THE MANNER IN WHICH
7 CALIBRATIONS AND TESTS SHALL BE MADE.
8 (3) THE DEVICES SHALL HAVE BEEN TESTED FOR ACCURACY
9 WITHIN A PERIOD OF 60 DAYS PRIOR TO THE ALLEGED VIOLATION. A
10 CERTIFICATE FROM THE STATION SHOWING THAT THE CALIBRATION AND
11 TEST WERE MADE WITHIN THE REQUIRED PERIOD, AND THAT THE
12 DEVICE WAS ACCURATE, SHALL BE COMPETENT AND PRIMA FACIE
13 EVIDENCE OF THOSE FACTS IN EVERY PROCEEDING IN WHICH A
14 VIOLATION OF THIS TITLE IS CHARGED.
15 (E) MEASURED STRETCH OF HIGHWAY.--THE RATE OF SPEED OF ANY
16 VEHICLE MAY BE TIMED ON ANY HIGHWAY BY NOT LESS THAN TWO POLICE
17 OFFICERS, ONE OF WHOM SHALL HAVE BEEN STATIONED AT EACH END OF A
18 MEASURED STRETCH NOT LESS THAN ONE-EIGHTH OF A MILE IN LENGTH.
19 NO PERSON SHALL BE CONVICTED UNDER THIS SUBSECTION ON THE
20 UNSUPPORTED EVIDENCE OF ONE POLICE OFFICER.
21 § 3502. Penalty for violation [of subchapter] involving
22 pedalcycle.
23 Any person [violating any provision of this subchapter]
24 operating a pedalcycle in violation of this title is guilty of a
25 summary offense and shall, upon conviction, be sentenced to pay
26 a fine of $10.
27 § 3504. Riding on pedalcycles.
28 (a) Use of seat by operator.--A person propelling a
29 pedalcycle shall not ride other than upon or astride a permanent
30 and regular seat attached to the pedalcycle.
19770H1171B3316 - 133 -
1 (b) Number of riders.--No pedalcycle shall be used to carry
2 more persons at one time than the number for which the
3 pedalcycle is designed [and] or equipped except that an adult
4 rider may carry a child securely attached to the rider in a back
5 pack or sling.
6 § 3505. Riding on roadways and pedalcycle paths.
7 * * *
8 (e) Limited access highways.--No pedalcycle shall be
9 operated on any limited access highway unless a pedalcycle path
10 has been provided as part of the highway.
11 § 3507. Lamps and other equipment on pedalcycles.
12 (a) Lamps and reflectors.--Every pedalcycle when in use
13 between sunset and sunrise shall be equipped on the front with a
14 lamp which emits a white light visible from a distance of at
15 least 500 feet to the front and with a red reflector on the rear
16 of a type approved by the department which shall be visible
17 [from all distances from 100 feet to] FOR 600 feet to the rear <--
18 and with [an amber] A reflector [on] VISIBLE FROM each side or <--
19 retroflective tire sidewalls. A lamp emitting a red light
20 visible from a distance of 500 feet to the rear may be used in
21 addition to the red reflector. A lamp worn by the operator of a
22 pedalcycle shall comply with the requirements of this subsection
23 if the lamp can be seen at the distances specified. All lamps
24 and reflectors shall be of a type approved by the department.
25 * * * <--
26 (B) AUDIBLE SIGNAL DEVICES.--A PEDALCYCLE MAY BE EQUIPPED <--
27 WITH A DEVICE, OTHER THAN A SIREN OR WHISTLE, CAPABLE OF GIVING
28 [A SIGNAL AUDIBLE FOR A DISTANCE OF AT LEAST 100 FEET EXCEPT
29 THAT A PEDALYCLE SHALL NOT BE EQUIPPED WITH NOR SHALL ANY PERSON
30 USE UPON A PEDALCYCLE ANY SIREN] AN AUDIBLE SIGNAL.
19770H1171B3316 - 134 -
1 (C) BRAKES.--EVERY PEDALCYCLE SHALL BE EQUIPPED WITH A
2 BRAKING SYSTEM WHICH WILL STOP THE PEDALCYCLE IN 15 FEET FROM AN
3 INITIAL SPEED OF 15 MILES PER HOUR ON A DRY, LEVEL AND CLEAN
4 PAVEMENT.
5 § 3508. PEDALCYCLES ON SIDEWALKS AND PEDALCYCLE PATHS.
6 (A) RIGHT-OF-WAY TO PEDESTRIANS.--A PERSON RIDING A
7 PEDALCYCLE UPON A SIDEWALK OR PEDALCYCLE PATH USED BY
8 PEDESTRIANS SHALL YIELD THE RIGHT-OF-WAY TO ANY PEDESTRIAN AND
9 SHALL GIVE AN AUDIBLE SIGNAL, WHICH MAY BE A VOCAL SIGNAL,
10 BEFORE OVERTAKING AND PASSING A PEDESTRIAN.
11 (B) BUSINESS DISTRICTS.--A PERSON SHALL NOT RIDE A
12 PEDALCYCLE UPON A SIDEWALK IN A BUSINESS DISTRICT UNLESS
13 PERMITTED BY OFFICIAL TRAFFIC-CONTROL DEVICES, NOR WHEN A USABLE
14 PEDALCYCLE-ONLY LANE HAS BEEN PROVIDED ADJACENT TO THE SIDEWALK.
15 § 3522. Riding on motorcycles.
16 (a) Use of seat by operator and passengers.--A person
17 operating a motorcycle shall ride only upon the permanent and
18 regular seat attached to the motorcycle, and the operator shall
19 not carry any other person nor shall any other person ride on a
20 motorcycle unless the motorcycle is designed or adapted to carry
21 more than one person, in which event a passenger may ride upon
22 the permanent and regular seat if designed for two persons, or
23 upon another seat firmly attached to the motorcycle at the rear
24 or side of the operator. In no event shall a passenger sit in
25 front of the operator of the motorcycle.
26 * * *
27 § 3523. OPERATING MOTORCYCLES ON ROADWAYS LANED FOR TRAFFIC. <--
28 (A) RIGHT TO USE OF LANE.--ALL MOTORCYCLES ARE ENTITLED TO
29 FULL USE OF A LANE AND NO MOTOR VEHICLE SHALL BE DRIVEN IN SUCH
30 A MANNER AS TO DEPRIVE ANY MOTORCYCLE OF THE FULL USE OF A LANE.
19770H1171B3316 - 135 -
1 (B) OVERTAKING AND PASSING.--THE OPERATOR OF A MOTORCYCLE
2 SHALL NOT OVERTAKE AND PASS IN THE SAME LANE OCCUPIED BY THE
3 VEHICLE BEING OVERTAKEN.
4 (C) OPERATION BETWEEN LANES OR VEHICLES.--NO PERSON SHALL
5 OPERATE A MOTORCYCLE BETWEEN LANES OF TRAFFIC OR BETWEEN
6 ADJACENT LINES OR ROWS OF VEHICLES.
7 (D) LIMITATION ON OPERATING ABREAST.--MOTORCYCLES SHALL NOT
8 BE OPERATED MORE THAN TWO ABREAST IN A SINGLE LANE.
9 (E) LIMITED ACCESS HIGHWAYS.--NO MOTORIZED PEDALCYCLE SHALL
10 BE OPERATED ON ANY LIMITED ACCESS HIGHWAY OR ON ANY HIGHWAY
11 WHERE THERE IS A POSTED MINIMUM SPEED.
12 (F) EXCEPTION FOR POLICE OFFICERS.--SUBSECTIONS (B) AND (C)
13 DO NOT APPLY TO POLICE OFFICERS IN THE PERFORMANCE OF THEIR
14 OFFICIAL DUTIES.
15 § 3525. Protective equipment for motorcycle riders.
16 (a) Protective headgear.--[No person holding a learner's <--
17 permit or a junior driver's license shall operate [or ride] ANY <--
18 PERSON UNDER 18 YEARS OF AGE WHO DRIVES OR RIDES upon] a <--
19 motorcycle [or a motor-driven cycle (]other than a motorized <--
20 pedalcycle])] [unless he is wearing] SHALL WEAR protective <--
21 headgear which complies with standards established by the
22 department.
23 (B) EYE-PROTECTIVE DEVICES.--NO PERSON SHALL OPERATE OR RIDE <--
24 UPON A MOTORCYCLE OTHER THAN A MOTORIZED PEDALCYCLE UNLESS HE IS
25 WEARING AN EYE-PROTECTIVE DEVICE OF A TYPE APPROVED BY THE
26 DEPARTMENT
27 * * *
28 § 3541. OBEDIENCE OF PEDESTRIANS TO TRAFFIC-CONTROL [DEVICES
29 AND REGULATIONS] PERSONNEL AND SIGNALS.
30 (A) [TRAFFIC-CONTROL DEVICES] PERSONS DIRECTING TRAFFIC.--A
19770H1171B3316 - 136 -
1 PEDESTRIAN SHALL OBEY THE INSTRUCTIONS OF A POLICE OFFICER OR
2 OTHER APPROPRIATELY ATTIRED OR EQUIPPED PERSON AUTHORIZED TO
3 DIRECT, CONTROL OR REGULATE TRAFFIC.
4 (B) TRAFFIC AND PEDESTRIAN[-CONTROL] SIGNALS.--LOCAL
5 AUTHORITIES BY ORDINANCE MAY REQUIRE PEDESTRIANS TO OBEY TRAFFIC
6 AND PEDESTRIAN[-CONTROL] SIGNALS AS PROVIDED IN SECTIONS 3112
7 (RELATING TO TRAFFIC-CONTROL SIGNALS) AND 3113 (RELATING TO
8 PEDESTRIAN[-CONTROL] SIGNALS).
9 § 3543. PEDESTRIANS CROSSING AT OTHER THAN CROSSWALKS.
10 (A) GENERAL RULE.--EVERY PEDESTRIAN CROSSING A ROADWAY AT
11 ANY POINT OTHER THAN WITHIN A CROSSWALK AT AN INTERSECTION OR
12 ANY MARKED CROSSWALK [SHALL] SHOULD YIELD THE RIGHT-OF-WAY TO
13 ALL VEHICLES UPON THE ROADWAY.
14 (B) AT PEDESTRIAN TUNNEL OR OVERHEAD CROSSING.--ANY
15 PEDESTRIAN CROSSING A ROADWAY AT A POINT WHERE A PEDESTRIAN
16 TUNNEL OR OVERHEAD PEDESTRIAN CROSSING HAS BEEN PROVIDED [SHALL]
17 SHOULD YIELD THE RIGHT-OF-WAY TO ALL VEHICLES UPON THE ROADWAY.
18 (C) BETWEEN CONTROLLED INTERSECTIONS IN URBAN DISTRICT.--
19 BETWEEN ADJACENT INTERSECTIONS IN URBAN DISTRICTS AT WHICH
20 TRAFFIC-CONTROL SIGNALS ARE IN OPERATION PEDESTRIANS [SHALL]
21 SHOULD NOT CROSS AT ANY PLACE EXCEPT IN A MARKED CROSSWALK.
22 (D) CROSSING INTERSECTION DIAGONALLY.--NO PEDESTRIAN [SHALL]
23 SHOULD CROSS A ROADWAY INTERSECTION DIAGONALLY UNLESS AUTHORIZED
24 BY OFFICIAL TRAFFIC-CONTROL DEVICES OR AT THE DIRECTION OF A
25 POLICE OFFICER OR OTHER APPROPRIATELY ATTIRED PERSON AUTHORIZED
26 TO DIRECT, CONTROL OR REGULATE TRAFFIC. WHEN AUTHORIZED TO CROSS
27 DIAGONALLY, PEDESTRIANS SHALL CROSS ONLY IN ACCORDANCE WITH THE
28 SIGNAL PERTAINING TO THE CROSSING MOVEMENTS.
29 (E) LOCAL REGULATION.--THIS SECTION DOES NOT PROHIBIT A
30 MUNICIPALITY FROM ESTABLISHING A SUMMARY OFFENSE FOR VIOLATION
19770H1171B3316 - 137 -
1 OF THIS SECTION.
2 § 3544. PEDESTRIANS WALKING ALONG OR ON HIGHWAYS.
3 * * *
4 (E) LIMITED ACCESS HIGHWAYS.--EXCEPT IN EMERGENCY
5 SITUATIONS, PEDESTRIANS ARE PROHIBITED FROM THE RIGHT-OF-WAY OF
6 A LIMITED ACCESS HIGHWAY.
7 § 3549. BLIND PEDESTRIANS.
8 (A) GENERAL RULE.--THE DRIVER OF A VEHICLE SHALL YIELD THE
9 RIGHT-OF-WAY TO ANY TOTALLY OR PARTIALLY BLIND PEDESTRIAN
10 CARRYING A CLEARLY VISIBLE WHITE CANE OR ACCOMPANIED BY A
11 [GUIDE] DOG GUIDE AND SHALL TAKE SUCH PRECAUTIONS AS MAY BE
12 NECESSARY TO AVOID INJURING OR ENDANGERING THE PEDESTRIAN AND,
13 IF NECESSARY, SHALL STOP THE VEHICLE IN ORDER TO PREVENT INJURY
14 OR DANGER TO THE PEDESTRIAN.
15 (B) EFFECT OF ABSENCE OF CANE OR DOG.--THIS SECTION SHALL
16 NOT BE CONSTRUED TO DEPRIVE A TOTALLY OR PARTIALLY BLIND
17 PEDESTRIAN NOT CARRYING A CANE OR NOT BEING GUIDED BY A DOG OF
18 THE RIGHTS AND PRIVILEGES CONFERRED BY LAW UPON PEDESTRIANS
19 CROSSING STREETS OR HIGHWAYS, NOR SHALL THE FAILURE OF A TOTALLY
20 OR PARTIALLY BLIND PEDESTRIAN TO CARRY A CANE OR TO BE GUIDED BY
21 A [GUIDE] DOG GUIDE UPON THE STREETS, HIGHWAYS OR SIDEWALKS OF
22 THIS COMMONWEALTH BE HELD TO CONSTITUTE CONTRIBUTORY NEGLIGENCE
23 IN AND OF ITSELF.
24 § 3550. PEDESTRIANS UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
25 SUBSTANCE.
26 A PEDESTRIAN WHO IS UNDER THE INFLUENCE OF ALCOHOL OR ANY
27 CONTROLLED SUBSTANCE TO A DEGREE WHICH RENDERS THE PEDESTRIAN A
28 HAZARD SHALL NOT WALK OR BE UPON A HIGHWAY EXCEPT ON A SIDEWALK
29 OR EXCEPT TO CROSS A HIGHWAY WITHIN A CROSSWALK AT AN
30 INTERSECTION OR WITHIN A MARKED CROSSWALK.
19770H1171B3316 - 138 -
1 § 3706. Riding in [house] CERTAIN trailers, mobile homes or <--
2 boats on trailers.
3 (a) General rule.--No person or persons shall occupy a house
4 trailer, recreational trailer, except as authorized in <--
5 subsection (c), mobile home or boat on a trailer while it is
6 being moved upon a highway.
7 (b) Towing prohibited.--No person shall tow on a highway a
8 house trailer, RECREATIONAL TRAILER, mobile home or boat on a <--
9 trailer occupied by a passenger or passengers.
10 (c) [Exception for certain semitrailers] EXCEPTIONS.--A <--
11 semitrailer which is attached to a [truck] towing vehicle in an
12 articulating manner by means of a fifth wheel semitrailer
13 coupling device attached to the carrying compartment of the
14 [truck] towing vehicle may be occupied by a passenger or
15 passengers. The coupling device shall have a two-inch or larger
16 kingpin. All windows shall have safety glass. Some means of
17 electrical or electronic communications approved by the
18 department is required between the [cab of the truck] towing
19 vehicle and the semitrailer. THIS SUBSECTION APPLIES ONLY TO <--
20 HOUSE TRAILERS AND RECREATIONAL TRAILERS.
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
19770H1171B3316 - 139 -
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 OR OTHER VEHICLE as long as no part of any person's body <--
21 extends beyond the bed of the truck OR OTHER VEHICLE. <--
22 § 3731. DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED <--
23 SUBSTANCE.
24 (A) OFFENSE DEFINED.--A PERSON SHALL NOT DRIVE ANY MOTOR
25 VEHICLE WHILE:
26 (1) UNDER THE INFLUENCE OF ALCOHOL TO A DEGREE WHICH
27 RENDERS THE PERSON INCAPABLE OF SAFE DRIVING;
28 (2) UNDER THE INFLUENCE OF ANY CONTROLLED SUBSTANCE, AS
29 DEFINED IN THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN
30 AS "THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT,"
19770H1171B3316 - 140 -
1 TO A DEGREE WHICH RENDERS THE PERSON INCAPABLE OF SAFE
2 DRIVING; OR
3 (3) UNDER THE COMBINED INFLUENCE OF ALCOHOL AND A
4 CONTROLLED SUBSTANCE TO A DEGREE WHICH RENDERS THE PERSON
5 INCAPABLE OF SAFE DRIVING.
6 * * *
7 (D) ACCELERATED REHABILITATIVE DISPOSITION.--A PERSON
8 CHARGED WITH A VIOLATION OF THIS SECTION SHALL NOT BE OFFERED
9 ACCELERATED REHABILITATIVE DISPOSITION UNLESS THE PERSON AGREES
10 TO UNDERTAKE A COURSE OF INSTRUCTION ON ALCOHOL AND DRIVING
11 ESTABLISHED AND MAINTAINED UNDER SECTION 1549(B) (RELATING TO
12 ESTABLISHMENT OF SCHOOLS).
13 [(D)] (E) PENALTY.--ANY PERSON VIOLATING ANY OF THE
14 PROVISIONS OF [THIS SECTION] SUBSECTION (A) IS GUILTY OF A
15 MISDEMEANOR OF THE THIRD DEGREE AND, UPON CONVICTION OF A FIRST
16 OFFENSE, SHALL BE SENTENCED TO PAY A FINE OF $300 IN ADDITION TO
17 ANY SENTENCE OF IMPRISONMENT WHICH MAY BE IMPOSED.
18 § 3741. APPLICATION OF SUBCHAPTER.
19 THE PROVISIONS OF SUBCHAPTER REQUIRING REPORTS TO THE
20 DEPARTMENT SHALL APPLY ONLY UPON HIGHWAYS AND TRAFFICWAYS
21 THROUGHOUT THIS COMMONWEALTH.
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, ON A FORM PROVIDED BY THE POLICE <--
28 DEPARTMENT, that the accident was reported.
29 § 3749. Reports by coroners and medical examiners.
30 * * *
19770H1171B3316 - 141 -
1 (b) Blood and urine samples.--The coroners or medical
2 examiners of each county in this Commonwealth shall take blood
3 or urine samples or both from the bodies of [all drivers and of] <--
4 all pedestrians over 15 years of age AND ALL DRIVERS who die <--
5 within four hours following an accident and shall, within ten
6 days of the accident, transmit the samples to the [Governor's
7 Council on Drug and Alcohol Abuse] Department of Health. This
8 subsection shall be applicable to all occupants over 15 years of
9 age if the driver of the vehicle cannot be determined.
10 (c) Regulations for testing samples.--The [Governor's
11 Council on Drug and Alcohol Abuse] Department of Health shall
12 establish and promulgate rules and regulations for the testing
13 of the blood and urine samples authorized to be taken from dead
14 bodies under this section.
15 § 3751. Reports by police.
16 * * *
17 (b) Furnishing copies of report.--Police departments shall,
18 upon request, furnish at a [cost] price not to exceed $5 a
19 certified copy of the full report of the police investigation of
20 any vehicle accident to any person involved in the accident, his
21 attorney or insurer, and to the Federal Government, branches of
22 the military service, Commonwealth agencies, and to officials of
23 political subdivisions and to agencies of other states and
24 nations and their political subdivisions. The copy of the report
25 shall not be admissible as evidence in any action for damages or
26 criminal proceedings arising out of a motor vehicle accident.
27 Police departments may refuse to furnish the complete copy of
28 investigation of the vehicle accident whenever there are
29 criminal charges pending against any persons involved in the
30 vehicle accident unless the Pennsylvania Rules of Criminal
19770H1171B3316 - 142 -
1 Procedure require the production of the documents.
2 § 3752. Accident report forms.
3 (a) Form and content.--The department shall prepare and upon
4 request supply to all law enforcement agencies and other
5 appropriate agencies or individuals, forms for written accident
6 reports as required in this subchapter suitable with respect to
7 the persons required to make the reports and the purposes to be
8 served. The written report forms shall call for sufficiently
9 detailed information to disclose with reference to a vehicle
10 accident the cause, conditions then existing and the persons and
11 vehicles involved. Reports [for use by the drivers and owners]
12 shall also [provide for information relating to financial
13 responsibility] indicate whether the vehicle is covered by the
14 insurance required in section 104(a) of the act of July 19, 1974
15 (P.L.489, No.176), known as the "Pennsylvania No-fault Motor
16 Vehicle Insurance Act," and the name of the carrier, if any.
17 (b) [Use] Preparation.--Every accident report required to be
18 made in writing shall be made on the appropriate form approved
19 by the department and shall contain all the information required
20 therein unless not available.
21 § 4103. Promulgation of vehicle equipment standards.
22 (a) General rule.--The department shall promulgate vehicle
23 equipment standards for vehicles, equipment and devices required
24 under this part. To the maximum extent possible, consistent with
25 safety, the standards shall be expressed in terms of minimum
26 acceptable performance levels, measured against objective
27 testing parameters.
28 (b) Applicability of Federal standards.--Federal standards
29 promulgated with respect to the performance of any vehicle or
30 item of equipment shall have the same force and effect as if
19770H1171B3316 - 143 -
1 promulgated by the department under subsection (a) and shall
2 supersede any Commonwealth standard applicable to the same
3 aspect of performance for the vehicle or item of equipment.
4 (c) Incorporation of standards by reference.--Subject to the
5 provisions of subsections (a) and (b), applicable standards or
6 recommended practices issued by the National Highway Traffic
7 Safety Administration, U.S. Department of Transportation[, the <--
8 Vehicle Equipment Safety Commission, the American National
9 Standards Institute, the Society of Automotive Engineers] or any <--
10 other generally recognized standards setting body may be adopted
11 by reference[, provided that copies of the standards are]. <--
12 COPIES OF STANDARDS OTHER THAN STANDARDS OF THE FEDERAL HIGHWAY
13 ADMINISTRATION SHALL BE incorporated in the notice of proposed
14 rule making.
15 (d) Applicability to certain vehicles.--Vehicle equipment
16 standards contained in this part or promulgated by the
17 department under the authority given in this part shall not
18 apply to a motor vehicle registered as an antique or [classic]
19 historic MOTOR vehicle containing equipment which meets the <--
20 original manufacturer's specifications.
21 (e) Extension of standards prohibited.--Vehicle equipment
22 standards promulgated by the department shall not be extended to
23 any vehicle which, because of its date of manufacture, is not
24 required by Federal standards to have the equipment.
25 § 4107. Unlawful activities.
26 (a) Violation of vehicle equipment standards.--
27 (1) It is unlawful for any person to sell, offer for
28 sale, lease, install or replace, either separately or as part
29 of the equipment of a vehicle, any item of vehicle equipment
30 affecting the operation of the vehicle which does not comply
19770H1171B3316 - 144 -
1 with this title or regulations promulgated thereunder, or
2 which does not comply with an applicable Federal motor
3 vehicle safety standard [adopted by regulation by the
4 department].
5 (2) Any person convicted of violating this subsection
6 shall be subject to a civil penalty of not more than $100 for
7 each violation. Each violation of the provisions of this
8 subsection shall constitute a separate violation with respect
9 to each motor vehicle or item of motor vehicle equipment or
10 with respect to each failure or refusal to allow or perform
11 an act required thereby, except that the maximum civil
12 penalty shall not exceed $10,000 for any related series of
13 violations.
14 * * *
15 § 4303. General lighting requirements.
16 * * *
17 (c) Turn signals and hazard warning lights.--Every motor
18 vehicle, except motorcycles [and pedalcycles] not required to be
19 so equipped at the time of manufacture, and every trailer
20 operated on a highway shall be equipped with a system of turn
21 signal lights and hazard warning lights in conformance with
22 regulations of the department.
23 * * *
24 (E) EQUIPMENT EXEMPTED BY REGULATION.--ANTIQUE MOTOR <--
25 VEHICLES, HISTORIC MOTOR VEHICLES, ANIMAL-DRAWN VEHICLES,
26 IMPLEMENTS OF HUSBANDRY AND SPECIAL MOBILE EQUIPMENT, IF
27 OPERATED EXCLUSIVELY BETWEEN THE HOURS OF SUNRISE AND SUNSET AND
28 NOT DURING PERIODS OF REDUCED VISIBILITY OR INSUFFICIENT
29 ILLUMINATION, MAY BE EXEMPTED FROM CERTAIN LIGHTING EQUIPMENT
30 REQUIREMENTS OF THIS PART BY REGULATIONS OF THE DEPARTMENT.
19770H1171B3316 - 145 -
1 LIGHTING REQUIREMENTS FOR PEDALCYCLES AND MOTOR-DRIVEN CYCLES
2 MAY BE MODIFIED BY REGULATIONS OF THE DEPARTMENT.
3 § 4305. Vehicular hazard signal lamps.
4 * * *
5 (d) Use at other times prohibited.--Vehicular hazard signal
6 lamps shall not be used except as provided in this section.
7 § 4307. USE AND DISPLAY OF ILLUMINATED SIGNS. <--
8 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
9 SECTION OR IN DEPARTMENT REGULATIONS, NO VEHICLE SHALL BEAR OR
10 DISPLAY ANY ILLUMINATED SIGNS, LETTERS, NUMERALS OR FIGURES OF
11 ANY KIND [WHATSOEVER].
12 (B) BUSES.--A BUS OR SCHOOL BUS MAY BEAR AN ILLUMINATED SIGN
13 STATING ITS USE OR DESTINATION.
14 (C) TAXICABS.--A TAXICAB MAY CARRY ON THE REAR OR THE TOP OF
15 THE VEHICLE ILLUMINATED SIGNS PLACED SO AS NOT TO INTERFERE WITH
16 THE VISION OF THE DRIVER THROUGH THE REAR WINDOW OF THE VEHICLE.
17 (D) SIZE, MANNER OF LIGHTING AND PLACEMENT.--THE SIZE,
18 MANNER OF LIGHTING AND PLACEMENT OF THE [SIGN MUST RECEIVE
19 APPROVAL OF THE DEPARTMENT OR BE A TYPE APPROVED BY THE
20 DEPARTMENT PRIOR TO USE ON THE VEHICLE.] SIGNS SHALL CONFORM TO
21 DEPARTMENT REGULATIONS.
22 § 4502. General requirements for braking systems.
23 (a) Parking brakes.--Every motor vehicle [or] , full trailer
24 and combination, except a motorcycle, operated on a highway
25 shall be equipped with a parking brake system adequate to hold
26 the vehicle or combination on any grade on which it is operated,
27 under all conditions of loading, on a surface free of ice or
28 snow. The system shall not be designed to require a continuous
29 or intermittent source of energy for full effectiveness after
30 initial application.
19770H1171B3316 - 146 -
1 (b) Service brakes.--Every vehicle and combination operated
2 on a highway shall be equipped with a service brake system
3 adequate to control the movement of and to stop and hold the
4 vehicle or combination on any grade on which it is operated,
5 under all conditions of loading, and adequate to meet the
6 braking performance standards established by regulation of the
7 department. The provisions of this subsection shall THIS <--
8 SUBSECTION DOES not apply to trailers which have a gross weight
9 not exceeding 1750 3,000 pounds. <--
10 (c) Breakaway systems.--Every combination operated on a
11 highway, the towed vehicle of which is equipped with brakes or
12 which has a gross weight in excess of [3,000] 1,750 pounds, <--
13 shall be so equipped that, upon breakaway of the towed vehicle,
14 the towed vehicle shall be stopped and held automatically, and
15 the towing vehicle shall be capable of being stopped and held by
16 use of its own service braking system. THIS SUBSECTION DOES NOT <--
17 APPLY TO A COMBINATION IN WHICH THE TOWED VEHICLE IS A MOTOR
18 VEHICLE.
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 OR EARLIER. <--
26 § 4524. Windshield obstructions and wipers.
27 * * * <--
28 (A) OBSTRUCTION ON FRONT WINDSHIELD.--NO PERSON SHALL DRIVE <--
29 ANY MOTOR VEHICLE WITH ANY SIGN, POSTER OR OTHER NONTRANSPARENT
30 MATERIAL UPON THE FRONT WINDSHIELD EXCEPT AN INSPECTION
19770H1171B3316 - 147 -
1 CERTIFICATE, [STICKER] IDENTIFICATION SIGN ON A MASS TRANSIT
2 VEHICLE OR OTHER OFFICIALLY REQUIRED STICKER AND NO PERSON SHALL
3 DRIVE ANY MOTOR VEHICLE WITH ANY ICE OR SNOW ON THE FRONT
4 WINDSHIELD WHICH MATERIALLY OBSTRUCTS, OBSCURES OR IMPAIRS THE
5 DRIVER'S CLEAR VIEW OF THE HIGHWAY OR ANY INTERSECTING HIGHWAY.
6 (B) OBSTRUCTION ON SIDE AND REAR WINDOWS.--NO PERSON SHALL
7 DRIVE ANY MOTOR VEHICLE WITH ANY SIGN, POSTER OR OTHER
8 NONTRANSPARENT MATERIAL, INCLUDING ICE OR SNOW, UPON THE SIDE
9 WINGS OR SIDE OR REAR WINDOWS OF THE VEHICLE WHICH MATERIALLY
10 OBSTRUCTS, OBSCURES OR IMPAIRS THE DRIVER'S CLEAR VIEW OF THE
11 HIGHWAY OR ANY INTERSECTING HIGHWAY.
12 (C) OTHER OBSTRUCTION.--NO PERSON SHALL DRIVE ANY MOTOR
13 VEHICLE WITH ANY OBJECT OR MATERIAL HUNG FROM THE INSIDE
14 REARVIEW MIRROR OR OTHERWISE HUNG, PLACED OR ATTACHED IN SUCH A
15 POSITION AS TO MATERIALLY OBSTRUCT, OBSCURE OR IMPAIR THE
16 DRIVER'S VISION THROUGH THE FRONT WINDSHIELD OR IN ANY MANNER AS
17 TO CONSTITUTE A SAFETY HAZARD.
18 (d) Windshield wiper systems.--The windshield on every motor
19 vehicle other than a motorcycle [or motor-driven cycle] shall be
20 equipped with a wiper system capable of cleaning rain, snow or
21 other moisture from the windshield, and so constructed as to be
22 controlled or operated by the driver of the vehicle.
23 § 4525. Tire equipment and traction surfaces. <--
24 (a) General rule.--No vehicle shall be operated on the
25 highway unless the vehicle is equipped with tires of a type,
26 size and construction approved by the department for the vehicle
27 and unless the tires are in a safe operating condition as
28 determined in accordance with regulations of the department.
29 (b) Vehicles not equipped with pneumatic tires.--It is
30 unlawful for any person to operate or move, or cause or permit
19770H1171B3316 - 148 -
1 to be moved, in contact with any highway any vehicle equipped
2 with traction or road contact surfaces other than pneumatic
3 tires unless of a type, size and construction permitted by
4 regulations of the department and unless the movement is made
5 under specific conditions allowed by regulations of the
6 department.
7 (c) [Tire] Ice grips and tire studs.--[No vehicle having
8 tires containing studs shall be driven on any highway.] Tires in
9 which ice grips or tire studs of wear resisting material have
10 been installed which provide resiliency upon contact with the
11 road and which have projections not exceeding two thirty-seconds
12 of an inch beyond the tread of the traction surface of the tire
13 shall be permitted between November 1 of each year and April 30
14 of the following year. The Governor may by executive order
15 extend the time tires with ice grips or tire studs may be used
16 when highway conditions are such that such tires would be a
17 safety factor in traveling Commonwealth highways. Firefighting,
18 fire emergency and police vehicles may use tires with ice grips
19 or tire studs during any time of the year. The use of tires with
20 ice grips or tire studs contrary to the provisions of this
21 subsection shall be unlawful.
22 (d) Tire chains.--Tires chains may be temporarily used on
23 vehicles during periods of snow and ice emergency if they are in
24 conformance with regulations promulgated by the department.
25 (e) Penalty.--
26 (1) Any person violating the provisions of subsection
27 (c) shall be guilty of a summary offense and, upon conviction
28 thereof, shall be sentenced to pay a fine as indicated in
29 paragraph (2) and, in default of payment thereof, shall
30 undergo imprisonment for not more than 30 days.
19770H1171B3316 - 149 -
1 (2) Fines for violation of subsection (c) shall be
2 determined from the following chart based on the period of
3 unauthorized use:
4 May 1 to May 31 $35
5 June 1 to June 30 45
6 July 1 to July 31 55
7 August 1 to August 31 55
8 September 1 to September 30 55
9 October 1 to October 31 55
10 November 1 to April 30 10
11 § 4530. PORTABLE EMERGENCY WARNING DEVICES. <--
12 (A) GENERAL RULE.--EVERY TRUCK, TRUCK TRACTOR, MOTOR HOME
13 AND BUS AND ANY MOTOR VEHICLE, EXCEPT AN IMPLEMENT OF HUSBANDRY,
14 TOWING A TRAILER SHALL CARRY AT LEAST THREE PORTABLE EMERGENCY
15 WARNING DEVICES OF A TYPE SPECIFIED BY REGULATIONS PROMULGATED
16 BY THE DEPARTMENT. THE REGULATIONS SHALL BE CONSISTENT WITH
17 MOTOR CARRIER SAFETY REGULATIONS, DEPARTMENT OF TRANSPORTATION,
18 FEDERAL HIGHWAY ADMINISTRATION, BUREAU OF MOTOR CARRIER SAFETY,
19 SECTION 393.95.
20 (B) WHEN DISPLAY REQUIRED.--WHENEVER ANY VEHICLE OF A TYPE
21 REFERRED TO IN SUBSECTION (A) IS DISABLED OR STOPPED FOR MORE
22 THAN TEN MINUTES UPON A ROADWAY OR SHOULDER OUTSIDE OF AN URBAN
23 DISTRICT, OR UPON ANY DIVIDED HIGHWAY, THE DRIVER OF THE VEHICLE
24 SHALL DISPLAY THE PORTABLE WARNING DEVICES OF THE TYPE REQUIRED
25 UNDER SUBSECTION (A) IN SUCH MANNER AS THE DEPARTMENT SHALL
26 DIRECT BY REGULATIONS.
27 § 4531. EMISSION CONTROL [SYSTEMS] DEVICES.
28 [(A) COMPLIANCE WITH ESTABLISHED MAXIMUM LEVELS.--NO VEHICLE
29 MANUFACTURED IN COMPLIANCE WITH THE REQUIREMENTS OF THE CLEAN
30 AIR ACT (77 STAT. 392, 42 U.S.C. § 1857), OR ANY AMENDMENTS OR
19770H1171B3316 - 150 -
1 SUPPLEMENTS THERETO, SHALL HAVE EMISSIONS EXCEEDING THE MAXIMUM
2 PERMISSIBLE LEVELS PRESCRIBED BY LAW.
3 (B) LIMITATION ON ALTERATION OF SYSTEM.--NO PERSON SHALL
4 CHANGE OR ALTER THE EMISSION CONTROL SYSTEM OF A VEHICLE IN SUCH
5 A MANNER THAT IT FAILS TO COMPLY WITH THE PRESCRIBED EMISSIONS
6 CRITERIA. IT IS UNLAWFUL FOR THE VEHICLE TO BE OPERATED UNDER
7 ITS OWN POWER UNTIL A REINSPECTION AT AN OFFICIAL INSPECTION
8 STATION ESTABLISHES ITS FULL COMPLIANCE.]
9 (A) REMOVAL OR RENDERING INOPERATIVE.--IT IS UNLAWFUL FOR
10 ANY PERSON TO REMOVE OR RENDER INOPERATIVE, EXCEPT FOR
11 REINSTALLATION OR REPAIR, OR TO ADVERTISE OR OTHERWISE OFFER TO
12 DO SO, ANY DEVICE OR ELEMENT OF DESIGN INSTALLED ON OR IN A
13 MOTOR VEHICLE OR MOTOR VEHICLE ENGINE MANUFACTURED IN COMPLIANCE
14 WITH THE CLEAN AIR ACT (77 STAT. 392, 42 U.S.C. § 1857) AND ANY
15 AMENDMENTS AND SUPPLEMENTS THERETO.
16 (B) OWNING OR DRIVING NONCOMPLYING VEHICLES.--IT IS UNLAWFUL
17 FOR ANY PERSON TO OWN OR KNOWINGLY DRIVE ANY VEHICLE IN WHICH
18 ANY DEVICE OR ELEMENT OF DESIGN INSTALLED ON OR IN A MOTOR
19 VEHICLE OR MOTOR VEHICLE ENGINE, MANUFACTURED IN COMPLIANCE WITH
20 THE CLEAN AIR ACT AND ANY AMENDMENTS AND SUPPLEMENTS THERETO,
21 HAS BEEN REMOVED OR RENDERED INOPERATIVE.
22 (C) PENALTY.--ANY PERSON VIOLATING ANY OF THE PROVISIONS OF
23 THIS SECTION IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON
24 CONVICTION, BE SENTENCED TO PAY A FINE OF $100 FOR EACH
25 VIOLATION. EACH VIOLATION OF THE PROVISIONS OF THIS SECTION
26 SHALL CONSTITUTE A SEPARATE VIOLATION WITH RESPECT TO EACH MOTOR
27 VEHICLE, DEVICE, ELEMENT OF DESIGN, OFFER OR ADVERTISEMENT.
28 (D) INJUNCTIVE RELIEF.--IN ADDITION TO ANY FINE IMPOSED
29 UNDER SUBSECTION (C), A COURT OF RECORD SHALL HAVE JURISDICTION
30 TO RESTRAIN ANY VIOLATION OF THE PROVISIONS OF THIS SECTION.
19770H1171B3316 - 151 -
1 § 4534. REARVIEW MIRRORS.
2 NO PERSON SHALL OPERATE [A MOTOR VEHICLE OR] ANY COMBINATION
3 OR A MOTOR VEHICLE, OTHER THAN A MOTORIZED PEDALCYCLE OR
4 IMPLEMENT OF HUSBANDRY, ON A HIGHWAY UNLESS THE VEHICLE OR
5 COMBINATION IS EQUIPPED WITH AT LEAST ONE MIRROR, OR SIMILAR
6 DEVICE, WHICH PROVIDES THE DRIVER AN UNOBSTRUCTED VIEW OF THE
7 HIGHWAY TO THE REAR OF THE VEHICLE OR COMBINATION.
8 § 4535. AUDIBLE WARNING DEVICES.
9 (A) GENERAL RULE.--EVERY MOTOR VEHICLE OPERATED ON A
10 HIGHWAY, EXCEPT AN IMPLEMENT OF HUSBANDRY, SHALL BE EQUIPPED
11 WITH A HORN OR OTHER AUDIBLE WARNING DEVICE OF A TYPE APPROVED
12 IN REGULATIONS OF THE DEPARTMENT.
13 (B) CERTAIN SOUND DEVICES PROHIBITED.--EXCEPT AS
14 SPECIFICALLY PROVIDED IN THIS PART OR BY REGULATIONS OF THE
15 DEPARTMENT, NO VEHICLE OPERATED ON A HIGHWAY SHALL BE EQUIPPED
16 WITH A SIREN, BELL, WHISTLE OR ANY DEVICE EMITTING A SIMILAR
17 SOUND OR ANY UNREASONABLY LOUD OR HARSH SOUND.
18 § 4552. General requirements for school buses.
19 * * *
20 (e) Visibility.--Every school bus shall be designed and
21 equipped with mirrors so as to provide the driver with an
22 unobstructed view of any pedestrian in proximity to the vehicle.
23 * * *
24 (i) Vehicles no longer used as school buses.--Labels,
25 markings and visual signals required by this section must SHALL <--
26 be removed from any motor vehicles VEHICLE no longer in use as a <--
27 school bus. THE EXTERIOR OF THE MOTOR VEHICLE SHALL BE REPAINTED <--
28 SO AS NOT TO RESEMBLE A SCHOOL BUS.
29 § 4553. General requirements for other vehicles transporting <--
30 school children.
19770H1171B3316 - 152 -
1 * * *
2 (b) Other vehicles.--A motor vehicle other than a school bus
3 used to transport children to or from school or in connection
4 with school activities[, which is not a school bus because of
5 its limited seating capacity,] shall comply with regulations
6 established by the department for such vehicles. Unless required
7 by Federal law or regulation, the regulations established by the
8 department shall not require vehicles which pick up and
9 discharge school children only at locations off the highway to
10 be of any particular color or to display flashing red and amber
11 lights.
12 § 4571. Visual and audible signals on emergency vehicles.
13 (a) General rule.--Every emergency vehicle shall be equipped
14 with one or more revolving or flashing red lights and an audible
15 warning system. SPOTLIGHTS WITH ADJUSTABLE SOCKETS MAY BE <--
16 ATTACHED TO OR MOUNTED ON EMERGENCY VEHICLES.
17 (b) Police and fire vehicles.--
18 (1) Police vehicles may in addition to the requirements
19 of subsection (a) be equipped with revolving or flashing blue
20 lights. The combination of red and blue lights may be used
21 only on police vehicles.
22 (2) [Spotlights with adjustable sockets may be attached <--
23 to or mounted on police vehicles.
24 (3)] Unmarked police vehicles, used as emergency <--
25 vehicles and equipped with audible warning systems, may be
26 equipped with the lights described in this section.
27 [(4)] (3) Police and fire vehicles may be equipped with <--
28 a mounted rack containing one or more emergency warning
29 lights or side mounted [adjustable] floodlights[, or both] or
30 alley lights or all such lights.
19770H1171B3316 - 153 -
1 (c) Game Commission AND CORONER vehicles.-- <--
2 (1) Vehicles owned and operated by the Pennsylvania Game <--
3 Commission may be equipped with revolving or flashing red
4 lights in accordance with subsection (a).
5 (2) ONE VEHICLE OWNED BY A CORONER AND ONE VEHICLE OWNED <--
6 BY A CHIEF DEPUTY CORONER MAY BE EQUIPPED WITH REVOLVING OR
7 FLASHING RED AND BLUE LIGHTS OF A TYPE APPROVED BY THE
8 DEPARTMENT TO BE USED ONLY IN EMERGENCY SITUATIONS.
9 (d) Vehicles prohibited from using signals.--Except as
10 otherwise specifically provided in this part, no vehicle other
11 than an emergency vehicle may be equipped with lights or audible
12 warning systems identical or similar to those specified in
13 subsections (a) and (b).
14 (e) Authorized period of use.--The lights and warning
15 systems specified by this section may be used only during an
16 emergency or in the interest of public safety and by police
17 officers in enforcement of the law.
18 (f) Conformity with department regulations.--All equipment
19 authorized or required by this section shall conform to
20 department regulations.
21 § 4572. VISUAL SIGNALS ON AUTHORIZED VEHICLES. <--
22 * * *
23 (B) FLASHING OR REVOLVING YELLOW LIGHTS.--VEHICLES
24 AUTHORIZED PURSUANT TO THE PROVISIONS OF SECTION 6107 (RELATING
25 TO DESIGNATION OF AUTHORIZED VEHICLES BY DEPARTMENT) MAY BE
26 EQUIPPED WITH [NO MORE THAN TWO] FLASHING OR REVOLVING YELLOW
27 LIGHTS IN ADDITION TO THE VEHICULAR HAZARD SIGNAL LAMPS
28 AUTHORIZED IN SECTION 4305 (RELATING TO VEHICULAR HAZARD SIGNAL
29 LAMPS). THE NUMBER OF LIGHTS, THE MANNER IN WHICH THE [LIGHT] <--
30 LIGHTS SHALL BE DISPLAYED AND THE INTENSITY SHALL BE DETERMINED
19770H1171B3316 - 154 -
1 BY REGULATION OF THE DEPARTMENT.
2 (C) SPOTLIGHTS.--SPOTLIGHTS WITH ADJUSTABLE SOCKETS MAY BE
3 ATTACHED TO OR MOUNTED ON AUTHORIZED VEHICLES.
4 [(C)] (D) VEHICLES PROHIBITED FROM USING LIGHTS.--NO VEHICLE <--
5 OTHER THAN A DULY AUTHORIZED VEHICLE MAY BE EQUIPPED WITH LIGHTS
6 IDENTICAL OR SIMILAR TO THOSE SPECIFIED IN SUBSECTIONS (A) AND
7 (B).
8 § 4702. [Requirement for periodic] Periodic inspection
9 of vehicles.
10 (a) [General rule] SEMIANNUAL INSPECTION SYSTEM.--The <--
11 department shall establish a system of semiannual inspection of
12 vehicles. [registered in this Commonwealth.
13 (b) Annual inspection of certain vehicles.--Recreational
14 trailers, vehicles registered as antique and classic vehicles,
15 firefighting vehicles and motorcycles shall be subject to annual
16 inspection.]
17 (b) Exemptions ANNUAL INSPECTIONS.--The following types of <--
18 vehicles shall not be subject to semiannual ANNUAL inspection: <--
19 (1) Trailers RECREATIONAL TRAILERS having a registered <--
20 gross weight of 3,000 pounds or less. IN EXCESS OF 3,000 <--
21 POUNDS.
22 (2) Vehicles registered as antique and historic MOTOR <--
23 vehicles.
24 (3) Firefighting vehicles.
25 (4) Motorcycles OTHER THAN MOTORIZED PEDALCYCLES. <--
26 (5) Motor homes.
27 (c) [Inspection of vehicles reentering this Commonwealth.--
28 Owners of Pennsylvania registered vehicles which have been
29 outside of this Commonwealth continuously for 30 days or more
30 and which at the time of reentering this Commonwealth do not
19770H1171B3316 - 155 -
1 bear a currently valid certificate of inspection and approval
2 shall, within five days of reentering this Commonwealth, proceed
3 to an official inspection station for an inspection of the
4 vehicle.
5 (d)] Extension of inspection period.--The department may, by
6 regulation, extend the time for any of the inspections required
7 by this chapter for not more than 30 days due to weather
8 conditions or other causes which render compliance with the
9 provisions of this chapter within the prescribed time difficult
10 or impossible.
11 § 4703. Operation of vehicle without official certificate of
12 inspection.
13 (a) General rule.--No [registered] motor vehicle required to
14 be registered in this Commonwealth shall be driven and no
15 [registered] trailer required to be registered in this
16 Commonwealth shall be moved on a highway unless the vehicle
17 displays a currently valid certificate of inspection [and
18 approval].
19 (b) Exceptions.--Subsection (a) does not apply to:
20 (1) Special mobile equipment.
21 (2) Implements of husbandry.
22 (3) Motor vehicles being towed.
23 (4) Motor vehicles being operated or trailers being
24 towed by an official inspection station owner or employee for
25 the purpose of inspection.
26 (5) Trailers having a registered gross weight of 3,000
27 pounds or less.
28 (6) Motorized pedalcycles.
29 (7) CONSTRUCTION STORAGE TRAILERS. <--
30 (8) VEHICLES BEING REPOSSESSED BY A FINANCER OR
19770H1171B3316 - 156 -
1 COLLECTOR-REPOSSESSOR THROUGH THE USE OF MISCELLANEOUS MOTOR
2 VEHICLE BUSINESS REGISTRATION PLATES.
3 (9) NEW VEHICLES WHILE THEY ARE IN THE PROCESS OF
4 MANUFACTURE, INCLUDING TESTING, AND NOT IN TRANSIT FROM THE
5 MANUFACTURER TO A PURCHASER OR DEALER.
6 (c) Inspection of vehicles reentering this Commonwealth.--
7 Vehicles subject to inspection which have been outside this
8 Commonwealth continuously for 30 days or more and which, at the
9 time of reentering this Commonwealth, do not bear a currently
10 valid certificate of inspection shall be inspected within five
11 days of reentering this Commonwealth.
12 (d) Dealer-owned vehicles.--Vehicles bearing dealer
13 registration plates shall be inspected within five days of
14 purchase or entry into this Commonwealth, whichever occurs
15 later.
16 (e) Limitation on prosecution.--A motor vehicle shall be the <--
17 subject of only one arrest under subsection (a) in any 24-hour
18 period.
19 [(c)] (f) (E) Display of unauthorized certificate of <--
20 inspection.--No certificate of inspection [and approval] shall
21 be displayed unless an official inspection has been made and the
22 vehicle is in conformance with the provisions of this chapter.
23 [(d)] (g) (F) Authority of police.--Any police officer may <--
24 stop any motor vehicle or trailer and require the owner or
25 operator to display an official certificate of inspection [and
26 approval] for the vehicle being operated. A police officer may
27 summarily remove an UNAUTHORIZED, EXPIRED OR unlawfully issued <--
28 certificate of inspection from any vehicle.
29 (G) LIMITATION ON PROSECUTION.--A MOTOR VEHICLE SHALL BE THE <--
30 SUBJECT OF ONLY ONE ARREST UNDER SUBSECTION (A) IN ANY 24-HOUR
19770H1171B3316 - 157 -
1 PERIOD.
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 * * *
19770H1171B3316 - 158 -
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 REGISTERED gross weight of 10,000 pounds, the <--
14 department shall issue certificates of appointment to privately
15 owned facilities within this Commonwealth that comply with the
16 requirements of this chapter and regulations adopted by the
17 department. The department shall issue instructions and all
18 necessary forms to such facilities. The stations are authorized
19 to inspect AND ISSUE OFFICIAL CERTIFICATES OF INSPECTION FOR <--
20 only trailers and recreational trailers not exceeding a <--
21 REGISTERED gross weight of 10,000 pounds. and issue official <--
22 certificates of inspection.
23 § 4723. Certificate of appointment for inspecting fleet <--
24 vehicles.
25 (a) General rule.--The department may issue a certificate of
26 appointment under the provisions of this chapter to any person
27 who owns or leases 15 or more vehicles and who meets the
28 requirements of this chapter and regulations adopted by the
29 department. The certificate of appointment may authorize
30 inspection of only those vehicles owned or leased by such
19770H1171B3316 - 159 -
1 person.
2 (b) Place of inspection.--The inspection of fleet vehicles
3 may be made at any location within this Commonwealth by persons
4 holding a certificate of appointment under this section. The
5 inspection shall be performed indoors, within an enclosure or
6 under cover.
7 § 4722. CERTIFICATE OF APPOINTMENT. <--
8 * * *
9 (C) BOND OR PROOF OF INSURANCE.--[BEFORE ISSUING A
10 CERTIFICATE OF APPOINTMENT THE DEPARTMENT SHALL REQUIRE] EVERY
11 STATION SHALL PROVIDE AND MAINTAIN A BOND OR PROOF OF INSURANCE
12 TO [PROVIDE] GUARANTEE COMPENSATION FOR ANY DAMAGE TO A VEHICLE
13 DURING AN INSPECTION OR ADJUSTMENT DUE TO NEGLIGENCE ON THE PART
14 OF THE APPLICANT OR ITS EMPLOYEES IN SUCH AMOUNT AS IS DEEMED
15 ADEQUATE BY THE DEPARTMENT PURSUANT TO DEPARTMENT REGULATIONS.
16 § 4726. Certification of mechanics.
17 No mechanic shall conduct motor vehicle inspections at an
18 official inspection station unless certified as to training,
19 qualifications and competence by the department according to
20 department regulations: Provided, however, That a. A person who <--
21 is in possession of a valid motor vehicle driver's license, <--
22 other than a motorcycle driver's license, shall not be required
23 to have a school bus driver's license as a prerequisite to being
24 certified to inspect school buses. The provisions of this title
25 or regulations adopted thereunder shall not be construed or
26 applied in a manner which would preclude or impair the right of
27 a person who is a resident of another state, and who is in
28 possession of a valid driver's license issued by such state, to
29 be certified to conduct motor vehicle inspections at an official
30 inspection station in this Commonwealth. No official inspection
19770H1171B3316 - 160 -
1 station appointment shall be issued or renewed unless a
2 certified official inspection mechanic is there employed.
3 § 4727. Issuance of certificate of inspection.
4 (a) Requirements prior to inspection.--No vehicle except a
5 dealer-owned vehicle shall be inspected unless it is duly
6 registered. The owner or operator or an employee of the official
7 inspection station shall examine the registration card in order
8 to ascertain that the vehicle is registered.
9 * * *
10 § 4728. Display of certificate of inspection. <--
11 The appropriate certificate of inspection shall be affixed to
12 the vehicle as specified in regulations adopted by the
13 department. The fee for the certificate of inspection shall be
14 prominently printed on each certificate.
15 § 4729. Removal of certificate of inspection.
16 No certificate of inspection shall be removed from a vehicle
17 for which the certificate was issued except to replace it with a
18 new certificate of inspection issued in accordance with the
19 provisions of this chapter or as follows:
20 (1) The police officer may remove a certificate of
21 inspection in accordance with the provisions of section
22 4703(d) (relating to operation of vehicle without official
23 certificate of inspection).
24 (2) A person replacing a windshield or repairing a
25 windshield in such a manner as to require removal of a
26 certificate of inspection shall at the option of the
27 registrant of the vehicle cut out the portion of the
28 windshield containing the certificate and deliver it to the
29 registrant of the vehicle or destroy the certificate. The
30 vehicle may be driven for up to five days if it displays the
19770H1171B3316 - 161 -
1 portion of the old windshield containing the certificate as
2 prescribed in department regulations. Within the five day
3 period an official inspection station may affix to the
4 vehicle another certificate of inspection for the same
5 inspection period without reinspecting the vehicle in
6 exchange for the portion of the old windshield containing the
7 certificate of inspection. A fee of no more than $1 may be
8 charged for the exchanged certificate of inspection.
9 (3) [A salvor] Every applicant for a certificate of junk <--
10 VEHICLE SALVAGE AUTHORIZATION pursuant to section 1117(a) <--
11 (relating to vehicle destroyed or junked SALVAGED) shall <--
12 remove and destroy the certificate of inspection on [every
13 vehicle in his possession except vehicles used in the
14 operation of the business of the salvor] the vehicle.
15 § 4730. VIOLATIONS OF USE OF CERTIFICATE OF INSPECTION. <--
16 (A) GENERAL RULE.--NO PERSON SHALL:
17 (1) MAKE, ISSUE, TRANSFER OR POSSESS ANY IMITATION [OR
18 COUNTERFEIT] OF AN OFFICIAL CERTIFICATE OF INSPECTION; [OR]
19 (2) DISPLAY OR CAUSE TO BE DISPLAYED ON ANY VEHICLE OR
20 HAVE IN POSSESSION ANY CERTIFICATE OF INSPECTION KNOWING THE
21 SAME TO BE FICTITIOUS OR STOLEN OR ISSUED FOR ANOTHER VEHICLE
22 OR ISSUED WITHOUT AN INSPECTION HAVING BEEN MADE; OR
23 (3) KNOWINGLY POSSESS OR SELL ANY COUNTERFEIT
24 CERTIFICATE OF INSPECTION.
25 (B) UNAUTHORIZED USE BY OFFICIAL INSPECTION STATION.--NO
26 OFFICIAL INSPECTION STATION SHALL FURNISH, LOAN, GIVE OR SELL
27 CERTIFICATES OF INSPECTION AND APPROVAL TO ANY OTHER OFFICIAL
28 INSPECTION STATION OR ANY OTHER PERSON EXCEPT UPON AN INSPECTION
29 MADE IN ACCORDANCE WITH THE REQUIREMENTS OF THIS CHAPTER.
30 (C) PENALTY.--
19770H1171B3316 - 162 -
1 (1) A VIOLATION OF THE PROVISIONS OF THIS SECTION EXCEPT
2 SUBSECTION (A)(3) CONSTITUTES A SUMMARY OFFENSE PUNISHABLE:
3 [(1)] (I) FOR A FIRST OFFENSE, BY A FINE OF $100.
4 [(2)] (II) FOR A SUBSEQUENT OFFENSE, BY A FINE OF NOT
5 LESS THAN $200 NOR MORE THAN $500 OR IMPRISONMENT FOR NOT
6 MORE THAN 90 DAYS, OR BOTH.
7 (2) A VIOLATION OF SUBSECTION (A)(3) CONSTITUTES A
8 SUMMARY OFFENSE PUNISHABLE BY A FINE OF $500 AND A THREE-
9 MONTH SUSPENSION OF THE DRIVER'S LICENSE AND ALL VEHICLE
10 REGISTRATIONS OF THE VIOLATOR.
11 § 4902. Restrictions on use of highways and bridges.
12 * * * <--
13 (A) GENERAL RULE.--THE DEPARTMENT AND LOCAL AUTHORITIES WITH <--
14 RESPECT TO HIGHWAYS AND BRIDGES UNDER THEIR JURISDICTIONS MAY
15 PROHIBIT THE OPERATION OF VEHICLES AND MAY IMPOSE RESTRICTIONS
16 AS TO THE WEIGHT OR SIZE OF VEHICLES OPERATED UPON A HIGHWAY OR
17 BRIDGE WHENEVER THE HIGHWAY OR BRIDGE, BY REASON OF
18 DETERIORATION OR RAIN, SNOW OR OTHER CLIMATIC CONDITIONS, MAY BE
19 DAMAGED OR DESTROYED UNLESS THE USE OF VEHICLES IS PROHIBITED OR
20 THE PERMISSIBLE WEIGHTS REDUCED. SCHOOL BUSES, EMERGENCY
21 VEHICLES AND VEHICLES MAKING LOCAL DELIVERIES OR PICKUPS MAY BE
22 EXEMPTED FROM RESTRICTIONS ON HIGHWAYS IMPOSED UNDER THIS
23 SUBSECTION.
24 (B) PERMIT WITH BOND.--THE DEPARTMENT AND LOCAL AUTHORITIES
25 MAY ISSUE PERMITS FOR MOVEMENT OF VEHICLES OF SIZE AND WEIGHT IN
26 EXCESS OF THE RESTRICTIONS PROMULGATED UNDER SUBSECTION (A) WITH
27 RESPECT TO HIGHWAYS [AND BRIDGES] UNDER THEIR JURISDICTION,
28 CONDITIONED UPON THE EXECUTION OF A [SURETY] BOND WITH OR
29 WITHOUT SURETY BY THE USER IN FAVOR OF THE DEPARTMENT OR LOCAL
30 AUTHORITIES TO COVER THE COST OF REPAIRS NECESSITATED BY THE
19770H1171B3316 - 163 -
1 MOVEMENT.
2 (C) RESTRICTIONS FROM TRAFFIC CONDITIONS.--THE DEPARTMENT
3 AND LOCAL AUTHORITIES WITH RESPECT TO HIGHWAYS AND BRIDGES UNDER
4 THEIR JURISDICTIONS MAY PROHIBIT THE OPERATION OF VEHICLES AND
5 MAY IMPOSE RESTRICTIONS AS TO THE WEIGHT OR SIZE OF VEHICLES
6 OPERATED UPON A HIGHWAY OR BRIDGE BY REASON OF HAZARDOUS TRAFFIC
7 CONDITIONS OR OTHER SAFETY FACTORS. SCHOOL BUSES, EMERGENCY
8 VEHICLES AND VEHICLES MAKING LOCAL DELIVERIES MAY BE EXEMPTED
9 FROM RESTRICTIONS ON HIGHWAYS IMPOSED UNDER THIS SUBSECTION.
10 (D) DESIGNATION OF ALTERNATE ROUTES.--IN CONJUNCTION WITH
11 THE EXERCISE OF THE POWERS SET FORTH IN SUBSECTION (A) OR (C),
12 THE DEPARTMENT MAY DESIGNATE VEHICLES IN EXCESS OF SPECIFIED
13 WEIGHTS OR SIZES TO UTILIZE A PORTION OF THE PENNSYLVANIA
14 TURNPIKE AS AN ALTERNATE ROUTE TO ANY HIGHWAY OR BRIDGE FROM
15 WHICH THOSE VEHICLES HAVE BEEN PROHIBITED OR RESTRICTED.
16 [(d)] (E) Erection of signs.--The department and the local <--
17 authorities shall erect or cause to be erected and maintained
18 signs designating the restrictions at each end of that portion
19 of any highway or bridge restricted as provided in subsections
20 (a) and (c) and at the nearest intersection in each direction of
21 the restricted highway or of the highway leading to the
22 restricted bridge with the highway on which the restricted
23 vehicles may be operated. The restrictions shall not be
24 effective unless signs are erected and maintained in accordance
25 with this subsection.
26 [(e)] (F) Penalty.-- <--
27 (1) Any person operating a vehicle or combination upon a
28 highway or bridge in violation of a prohibition or
29 restriction imposed under subsection (a) is guilty of a
30 summary offense and shall, upon conviction, be sentenced to
19770H1171B3316 - 164 -
1 pay a fine of $75. In addition, any person operating a
2 vehicle with a gross weight in excess of the posted weight
3 shall be sentenced to pay a fine of $75 for each 500 pounds,
4 or part thereof, in excess of 3,000 pounds over the maximum
5 allowable weight.
6 (2) Any person operating a vehicle or combination in
7 violation of a prohibition or restriction imposed under
8 subsection (c) is guilty of a summary offense and shall, upon
9 conviction, be sentenced to pay a fine of not less than $25
10 but not more than $100.
11 § 4903. Securing loads in vehicles.
12 * * *
13 (c) Load of logs.--Every load of logs on a vehicle shall be
14 securely fastened with at least three binders, chains or straps
15 and, in the case of an open-body or stake-body vehicle, trailer
16 or semitrailer there shall be a sufficient number of vertical
17 metal stakes or posts securely attached [on each side of] to the
18 vehicle, trailer or semitrailer at least as high as the top of
19 the load to secure such load in the event of a failure of the
20 binders, chains or straps.
21 * * *
22 § 4904. Limits on number of towed vehicles.
23 * * *
24 (c) Towing vehicles requiring service.--
25 (1) A dolly not exceeding ten feet in length may be
26 towed by a motor vehicle for the purpose of towing another
27 vehicle requiring service.
28 (2) A combination requiring emergency service may be
29 towed to a nearby garage or other place of safety.
30 * * *
19770H1171B3316 - 165 -
1 § 4921. Width of vehicles.
2 (a) General rule.--The total outside width of a vehicle,
3 including any load, shall not exceed eight feet except as
4 otherwise provided in this section.
5 (b) [Farm] SPECIAL vehicles.--[Any implement of husbandry or <--
6 vehicle loaded with vegetable produce or forage crops and not
7 exceeding ten feet in width may operate between sunrise and
8 sunset on highways other than freeways.]
9 (1) Any implement of husbandry or vehicle loaded with
10 vegetable produce or forage crops and not exceeding ten feet
11 in width may be operated DRIVEN, hauled or towed between <--
12 sunrise and sunset on highways other than freeways.
13 (2) Any implement of husbandry not exceeding 14 feet 6
14 inches in width may be hauled or towed between sunrise and
15 sunset on highways other than freeways between:
16 (i) Parts of one farm owned or operated by the owner
17 of the implement of husbandry.
18 (ii) Farms owned or operated by the owner of the
19 implement of husbandry located not more than 25 miles
20 apart.
21 (iii) A farm or farms owned or operated by the owner
22 of the implement of husbandry and a PLACE OF BUSINESS OF <--
23 A mechanic or dealer in implements of husbandry located
24 within a radius of 25 miles from the farm or farms for
25 the purpose of buying, selling, trading, lending,
26 demonstrating, repairing or servicing of the vehicle.
27 (3) SPECIAL MOBILE EQUIPMENT NOT EXCEEDING NINE FEET TWO <--
28 INCHES IN WIDTH MAY BE DRIVEN, HAULED OR TOWED BETWEEN
29 SUNRISE AND SUNSET ON HIGHWAYS OTHER THAN FREEWAYS.
30 (3) The driver shall drive as close to the right side of <--
19770H1171B3316 - 166 -
1 the highway as possible.
2 (4) THE DEPARTMENT MAY REGULATE THE OPERATION OF SPECIAL <--
3 VEHICLES SUBJECT TO THIS SUBSECTION WHICH REGULATIONS MAY
4 PROHIBIT THE OPERATION OF SPECIAL VEHICLES ON CERTAIN DAYS OR
5 DURING CERTAIN HOURS.
6 (c) Buses.--
7 (1) Any bus [operated wholly within a municipality, <--
8 where permitted by the municipality; or in more than one
9 municipality, where approved by the Public Utility
10 Commission] may have] HAVING a total outside width not [to <--
11 exceed] EXCEEDING eight feet six inches [when operated upon a <--
12 highway having] MAY BE DRIVEN UPON STATE HIGHWAYS DESIGNATED <--
13 BY THE DEPARTMENT AND UPON LOCAL HIGHWAYS DESIGNATED BY LOCAL
14 AUTHORITIES WHICH HAVE traffic-lane widths of not less than
15 ten feet.
16 (2) THE WIDTH LIMITATIONS OF THIS SECTION DO NOT APPLY <--
17 TO TROLLEY BUSES BEING OPERATED ON ROUTES WHICH WERE
18 ESTABLISHED PRIOR TO JULY 1, 1977.
19 (d) Nondivisible loads.--Vehicles carrying nondivisible
20 loads not exceeding eight feet six inches in width may operate
21 on any highway having a roadway width of 20 feet or more. This
22 subsection does not apply on the National System of Interstate
23 and Defense Highways.
24 (e) Mirrors and sunshades.--Mirrors and sunshades may extend
25 beyond the maximum width of a vehicle as follows:
26 (1) Mirrors may extend on each side a maximum of six
27 inches beyond the width of the vehicle, trailer or load,
28 [whichever is greater.] or, in the case of a truck or truck
29 tractor, beyond the maximum allowable width, whichever is
30 greater.
19770H1171B3316 - 167 -
1 (2) Sunshades may extend a maximum of six inches on each
2 side of the vehicle.
3 (f) Tires.--Tires of a truck, truck tractor or trailer may <--
4 extend on each side a maximum of six inches beyond the width of
5 the load, or, in the case of a truck or truck tractor, beyond
6 the maximum allowable width, whichever is greater.
7 [(f)] (g) Exceptions.--The provisions of this subchapter <--
8 governing the width of vehicles do not apply to street sweepers
9 and snow removal equipment.
10 § 4924. Limitations on length of projecting loads.
11 (a) General rule.--Subject to the provisions of this
12 subchapter limiting the length of vehicles and loads, the load
13 upon any vehicle operated alone or the load upon the front
14 vehicle of a combination [of vehicles] shall not extend more
15 than three feet beyond the foremost part of the vehicle, and the
16 load upon any vehicle operated alone or the load, other than a
17 nondivisible load, upon the rear vehicle of a combination shall
18 not extend more than six feet beyond the rear of the bed or body
19 of such vehicle.
20 * * *
21 § 4942. Registered gross weight.
22 * * * <--
23 (A) SINGLE VEHICLE [LIMITS].--NO VEHICLE REGISTERED AS A <--
24 TRUCK[, A COMBINATION] OR [A] TRAILER SHALL BE OPERATED WITH A
25 GROSS WEIGHT IN EXCESS OF ITS REGISTERED GROSS WEIGHT.
26 [(B) TRUCK TOWING TRAILER.--NO VEHICLE REGISTERED AS A TRUCK
27 SHALL BE OPERATED WITH A GROSS WEIGHT, EXCLUSIVE OF ANY TRAILER
28 BEING TOWED, IN EXCESS OF ITS REGISTERED GROSS WEIGHT AS A
29 TRUCK.
30 (C)] (B) COMBINATION.--NO COMBINATION CONTAINING A TRAILER
19770H1171B3316 - 168 -
1 HAVING A GROSS WEIGHT OR REGISTERED GROSS WEIGHT IN EXCESS OF
2 10,000 POUNDS SHALL BE OPERATED WITH A GROSS WEIGHT IN EXCESS OF
3 THE REGISTERED GROSS WEIGHT OF THE TRUCK OR TRUCK TRACTOR FOR A
4 COMBINATION, OR IN THE CASE OF TRUCK OR TRUCK TRACTOR REGISTERED
5 IN A JURISDICTION WHICH DOES NOT REGISTER TRUCKS OR TRUCK
6 TRACTORS FOR A COMBINATION, A GROSS WEIGHT IN EXCESS OF THE SUM
7 OF THE REGISTERED GROSS WEIGHT OF THE TRUCK OR TRUCK TRACTOR AND
8 THE REGISTERED GROSS WEIGHT OF THE TRAILER.
9 (d) Reciprocal enforcement.--The registered gross weight of <--
10 a vehicle registered in another state may be enforced under this
11 section pursuant to the terms of a reciprocity agreement with
12 the state in which the vehicle is registered.
13 § 4943. Maximum axle weight of vehicles.
14 * * *
15 (B) GROSS WEIGHT.--NO MOTOR VEHICLE SHALL BE DRIVEN WITH A <--
16 GROSS WEIGHT IN EXCESS OF THE SUM OF THE ALLOWABLE AXLE WEIGHTS
17 AS SET FORTH IN THIS SECTION.
18 [(b)] (C) Location of front axle of semitrailer.--No <--
19 semitrailer, originally in this Commonwealth on or after
20 September 1, [1973] 1963, and having two or more axles, shall be
21 operated upon a highway unless the foremost axle of the
22 semitrailer is at least 12 feet from the rearmost axle of the
23 towing vehicle.
24 (D) EXCEPTIONS.--THE LIMITATIONS OF THIS SECTION DO NOT <--
25 APPLY TO SPECIAL MOBILE EQUIPMENT OR GARBAGE TRUCKS OPERATED ON
26 HIGHWAYS OTHER THAN THE NATIONAL SYSTEM OF INTERSTATE AND
27 DEFENSE HIGHWAYS.
28 § 4944. Maximum wheel load.
29 No motor vehicle or combination shall, when operated upon a
30 highway, have a weight upon any one wheel in excess of 800
19770H1171B3316 - 169 -
1 pounds for each nominal inch of width of tire on the wheel.
2 § 4945. PENALTIES FOR EXCEEDING MAXIMUM WEIGHTS. <--
3 (A) GROSS WEIGHT VIOLATIONS.--ANY PERSON [OPERATING] DRIVING
4 A VEHICLE OR COMBINATION UPON A HIGHWAY EXCEEDING THE MAXIMUM
5 GROSS WEIGHT ALLOWED BY SECTION 4941 (RELATING TO MAXIMUM GROSS
6 WEIGHT OF VEHICLES) OR THE REGISTERED GROSS WEIGHT ALLOWED BY
7 SECTION 4942 (RELATING TO REGISTERED GROSS WEIGHT) OR A GROSS
8 WEIGHT IN EXCESS OF THE SUM OF THE AXLE WEIGHTS ALLOWED BY
9 SECTION 4943 (RELATING TO MAXIMUM AXLE WEIGHT OF VEHICLES),
10 WHICHEVER IS LESS, IS GUILTY OF A SUMMARY OFFENSE AND SHALL,
11 UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $75 PLUS $75 FOR
12 EACH 500 POUNDS, OR PART THEREOF, IN EXCESS OF 3,000 POUNDS OVER
13 THE MAXIMUM [OR] GROSS WEIGHT, THE REGISTERED GROSS WEIGHT
14 [ALLOWED] OR THE SUM OF THE ALLOWABLE AXLE WEIGHTS. IF THE GROSS
15 WEIGHT OF ANY VEHICLE OR COMBINATION EXCEEDS 73,280 POUNDS, THE
16 FINE IMPOSED UNDER THIS SUBSECTION SHALL BE [DOUBLE THE AMOUNT
17 FOR OTHER WEIGHT VIOLATIONS] DOUBLED.
18 * * *
19 § 4946. Impoundment of vehicles for nonpayment of overweight
20 fines.
21 (a) General rule.--Upon imposition of any fine and costs of
22 prosecution imposed pursuant to SECTION 4902 (RELATING TO <--
23 RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES) OR section 4945
24 (relating to penalties for exceeding maximum weights), the
25 driver shall be allowed [24] 12 hours to obtain the funds and <--
26 pay the fine and costs of prosecution, during which time the
27 vehicle or combination shall be rendered temporarily inoperative
28 by such police officer, sheriff or constable as the issuing
29 authority shall designate. On default of payment within the [24- <--
30 hour] 12-HOUR period, the issuing authority shall impound the <--
19770H1171B3316 - 170 -
1 vehicle or combination and order a police officer to seize them.
2 * * *
3 § 4961. AUTHORITY TO ISSUE PERMITS. <--
4 (A) GENERAL RULE.--THE DEPARTMENT AND LOCAL AUTHORITIES WITH
5 RESPECT TO HIGHWAYS UNDER THEIR RESPECTIVE JURISDICTIONS MAY,
6 UPON APPLICATION IN WRITING SHOWING GOOD CAUSE, ISSUE SPECIAL
7 PERMITS IN WRITING AUTHORIZING THE APPLICANT TO OPERATE OR MOVE
8 ON SPECIFIED HIGHWAYS ANY OF THE FOLLOWING:
9 (1) A VEHICLE WHICH WHEN UNLOADED EXCEEDS THE MAXIMUM
10 SIZE SPECIFIED IN SUBCHAPTER B (RELATING TO WIDTH, HEIGHT AND
11 LENGTH) OR THE MAXIMUM WEIGHTS SPECIFIED IN SUBCHAPTER C
12 (RELATING TO MAXIMUM WEIGHTS OF VEHICLES).
13 (2) A COMBINATION CARRYING A NONDIVISIBLE LOAD AND
14 EXCEEDING THE MAXIMUM SIZE SPECIFIED IN SUBCHAPTER B OR THE
15 MAXIMUM WEIGHTS SPECIFIED IN SUBCHAPTER C.
16 (3) A VEHICLE CONTAINING A NONDIVISIBLE LOAD WHICH
17 EXCEEDS THE MAXIMUM [WIDTH SPECIFIED IN SECTION 4921(A)
18 (RELATING TO WIDTH OF VEHICLES)] SIZE SPECIFIED IN SUBCHAPTER
19 B.
20 (4) A MOBILE HOME.
21 (5) A CONSTRUCTION STORAGE TRAILER.
22 (B) LIMITATION FOR TRUCK TRACTORS.--PERMITS TO EXCEED THE
23 MAXIMUM WEIGHT LIMIT SHALL BE ISSUED ONLY FOR TRUCK TRACTORS
24 REGISTERED AT THE MAXIMUM WEIGHT PERMITTED UNDER SECTION 4941
25 (RELATING TO MAXIMUM GROSS WEIGHT OF VEHICLES).
26 (C) COUNTY OFFICES FOR ISSUING PERMITS.--THE DEPARTMENT
27 SHALL EMPOWER AN AUTHORIZED REPRESENTATIVE OR EMPLOYEE IN EACH
28 COUNTY TO ISSUE PERMITS AS PROVIDED IN SUBSECTION (A) AND SHALL
29 PROVIDE A PLACE WITHIN EACH COUNTY WHERE THE PERMITS MAY BE
30 ISSUED.
19770H1171B3316 - 171 -
1 § 4962. Conditions of permits and security for damages.
2 * * *
3 (b) [Display of permit] Driver to exhibit permit.--Every
4 permit shall be carried in the towing vehicle and shall be [open
5 to inspection by] exhibited to any police officer or authorized
6 agent of the issuing agency or any person having an accident
7 involving a permitted vehicle or combination.
8 * * *
9 (d) Special escort services.--The department or local
10 authorities shall specify [what] which movements require special
11 escort services of [the Pennsylvania State Police] police or
12 department personnel.
13 * * *
14 § 4963. EXEMPTIONS FOR VEHICLES USED IN STATE HIGHWAY <--
15 CONSTRUCTION.
16 NO SPECIAL PERMIT SHALL BE REQUIRED FOR MOVEMENT ACROSS, UPON
17 OR ALONG [STATE OR STATE-AID HIGHWAYS FOR] ANY HIGHWAY IN A
18 STATE HIGHWAY CONSTRUCTION OR IMPROVEMENT PROJECT OF OVERSIZE OR
19 OVERWEIGHT VEHICLES OF [A] THE DEPARTMENT OR ITS CONTRACTOR USED
20 [FOR THE CONSTRUCTION OR IMPROVEMENT OF SUCH HIGHWAYS.] IN THE
21 PROJECT.
22 § 4965. Single permits for multiple highway crossings.
23 (a) General rule.--A single permit may be issued for [a
24 number of] movements across the highway at specified locations
25 within a fixed period of time [of vehicles or combinations]:
26 (1) of vehicles, combinations or loads thereon exceeding
27 the maximum size or weight specified in this chapter; or
28 (2) of unregistered vehicles or combinations used to
29 cross a highway to get from one commercial OR industrial <--
30 facility to another commercial OR industrial facility under <--
19770H1171B3316 - 172 -
1 the same operation.
2 (b) Unlawful to move MOVEMENT along highway PROHIBITED.-- <--
3 Whenever a permit is issued for crossing the highway, it is
4 unlawful to move the vehicles along the highway.
5 § 4966. Permit for movement of quarry or mining equipment.
6 An annual permit may be issued for the movement of a piece of
7 quarry or mining equipment or machinery exceeding the maximum
8 size or weight specified in this chapter across any highway from
9 one part of a quarry or mine to another, or upon the highways
10 connecting by the most direct route any quarries or portions of
11 quarries, or mines or portions of mines, under single ownership
12 or operation, but no permit shall be issued for the movement of
13 equipment or machinery for a distance greater than [one-half <--
14 mile] five miles. <--
15 § 4967. Permit for movement of implements of husbandry.
16 An annual permit may be issued for the operation or movement
17 between sunrise and sunset of one or more oversized self- <--
18 propelled implements of husbandry which do not exceed 14 feet 6
19 inches in width if the movement is limited to a radius of 25
20 miles from the [dealer's] OWNER'S place of business [or <--
21 owner's], home or farm. No permit shall be issued for the <--
22 movement of any implement of husbandry with a width in excess of
23 eight feet upon a freeway.
24 § 4968. PERMIT FOR MOVEMENT OF EQUIPMENT BEING MANUFACTURED. <--
25 AN ANNUAL PERMIT MAY BE ISSUED AUTHORIZING THE MANUFACTURER
26 OF BOATS, MOBILE HOMES, CRANES, HELICOPTERS, RAILWAY EQUIPMENT
27 AND RAILS OR OTHER ARTICLES OR COMBINATIONS NOT NORMALLY USED ON
28 HIGHWAYS TO MOVE ARTICLES WHICH EXCEED THE MAXIMUM HEIGHT, WIDTH
29 OR LENGTH SPECIFIED IN SUBCHAPTER B (RELATING TO WIDTH, HEIGHT
30 AND LENGTH) OR THE MAXIMUM WEIGHT SPECIFIED IN SUBCHAPTER C
19770H1171B3316 - 173 -
1 (RELATING TO MAXIMUM WEIGHTS OF VEHICLES) WHILE THEY ARE IN THE
2 COURSE OF MANUFACTURE AND WHILE THEY ARE ENTIRELY WITHIN THE
3 CONTROL OF THE MANUFACTURER AND NOT IN TRANSIT FROM THE
4 MANUFACTURER TO A PURCHASER OR DEALER. A PERMIT SHALL NOT BE
5 ISSUED FOR THE MOVEMENT OF ARTICLES UPON A FREEWAY. ARTICLES NOT
6 IN EXCESS OF TEN FEET IN WIDTH MAY BE MOVED UP TO 50 MILES ON A
7 PERMIT. LARGER ARTICLES MAY BE MOVED NO FARTHER THAN TEN MILES
8 ON A PERMIT.
9 § 4970. PERMIT FOR MOVEMENT OF [UTILITY] CONSTRUCTION
10 EQUIPMENT.
11 [A PERMIT] PERMITS MAY BE ISSUED FOR THE DURATION OF A SINGLE
12 CONSTRUCTION PROJECT, BUT NOT EXCEEDING ONE YEAR, AUTHORIZING A
13 GOVERNMENT AGENCY OR AUTHORITY OR PUBLIC UTILITY OR [ITS] THEIR
14 CONTRACTORS OR SUBCONTRACTORS TO MOVE OVERSIZED OR OVERWEIGHT
15 CONSTRUCTION EQUIPMENT ACROSS OR UPON HIGHWAYS IMMEDIATELY
16 ADJACENT TO THE CONSTRUCTION SITE AND BETWEEN THE CONSTRUCTION
17 SITE AND THE BASE OF OPERATIONS OF THE AGENCY, AUTHORITY,
18 UTILITY COMPANY, CONTRACTOR OR SUBCONTRACTOR.
19 § 4971. PENALTY FOR VIOLATION OF SUBCHAPTER.
20 ANY PERSON VIOLATING THE PROVISIONS OF THIS SUBCHAPTER IS
21 GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
22 SENTENCED TO PAY A FINE OF $150. THE PENALTY IMPOSED UNDER THIS
23 SECTION SHALL BE IN ADDITION TO ANY OTHER PENALTY IMPOSED UNDER
24 THIS TITLE.
25 § 4981. Weighing and measurement of vehicles.
26 (a) Authority of police officer.--Any police officer is
27 authorized to require the driver of any vehicle or combination
28 to stop and submit the vehicle or combination to be measured and
29 weighed. Weighing may be done by using either portable or
30 stationary scales. The [measurement and] weighing shall be
19770H1171B3316 - 174 -
1 conducted by qualified personnel who have been trained in the
2 use of weighing [and measuring] equipment in a training program
3 approved by the Department of Agriculture. A police officer may
4 require that a vehicle or combination be driven to the nearest
5 stationary scales if the scales are within two miles.
6 * * * <--
7 (B) STATIONARY SCALES ON FREEWAYS.--THE DEPARTMENT OF <--
8 TRANSPORTATION, IN COOPERATION WITH THE PENNSYLVANIA STATE
9 POLICE, SHALL MAINTAIN ON FREEWAYS AT POINTS WHICH IT DEEMS
10 NECESSARY STATIONARY SCALES AND OTHER EQUIPMENT FOR DETECTING
11 VIOLATIONS OF THE SIZE AND WEIGHT LIMITATIONS PRESCRIBED BY THIS
12 CHAPTER. THE DEPARTMENT MAY ALSO CONTRACT WITH LOCAL AUTHORITIES
13 TO USE THEIR STATIONARY SCALES.
14 (c) Weighing of wheels or axles.--If a vehicle is weighed in
15 multiple drafts, or if only a single wheel or axle or pair of
16 axles is weighed, a tolerance of [1%] 3% shall be allowed.
17 (d) Reweighing at request of driver or owner.--Whenever
18 scales operated by other than the department or a public
19 weighmaster certified by the Department of Agriculture indicate
20 that a vehicle, wheel, axle or pair of axles is overweight, the
21 driver or owner may elect to have the vehicle reweighed on the
22 nearest available [official] certified stationary scales [which
23 have been sealed by the Department of Agriculture] of a public
24 weighmaster. The lower reading of the two scales shall determine
25 whether charges shall be filed under this section.
26 (E) NONCOMPLIANCE BY DRIVER.--UPON REFUSAL OF A DRIVER TO <--
27 SUBMIT A VEHICLE TO WEIGHING UNDER THIS SECTION, THE POLICE
28 OFFICER SHALL BE AUTHORIZED TO TAKE SUCH MEASURES AS MAY BE
29 NECESSARY TO HAVE THE VEHICLE WEIGHED. ANY COSTS INCURRED IN
30 WEIGHING THE VEHICLE SHALL BE PAID BY THE DRIVER TO THE PERSON
19770H1171B3316 - 175 -
1 INCURRING THE COSTS OR TO THE ISSUING AUTHORITY FOR PAYMENT TO
2 THE PERSON INCURRING THE COSTS.
3 § 4982. Reducing or readjusting loads of vehicles.
4 (a) Violation of weight limitations.--If the gross weight or
5 the weight upon any wheel, tire, axle or group of axles of a
6 vehicle or combination exceeds the maximum allowed, the driver
7 shall reduce or readjust the load so that the gross weight and
8 the weight upon each wheel, tire, axle or group of axles will
9 not exceed the maximum weights permitted under this chapter.
10 (b) Violation of size limitations.--If the load upon any
11 vehicle or combination is such that the size limitations of this
12 chapter are exceeded, the driver shall reduce or reposition the
13 load so that it does not exceed the size limitations.
14 [(c) Load adjustment to avoid prosecution.--If the gross
15 weight of the vehicle or combination does not exceed the maximum
16 allowable gross weight and the weight upon any axle or group of
17 axles is not more than 3% in excess of the maximum allowable
18 axle weight, the operator shall be allowed four hours to adjust
19 the position of the load so that the weight upon all wheels,
20 tires, axles and groups of axles does not exceed the maximum
21 allowable weights. If the load is so rearranged no arrest shall
22 be made or prosecution brought for violation of Subchapter C
23 (relating to maximum weights of vehicles).]
24 [(d)] (c) Load incapable of reduction.--If the load on any
25 vehicle or combination is such that it is incapable of reduction
26 or dismemberment and is otherwise eligible to move under permit
27 as provided in Subchapter D (relating to special permits for
28 excessive size and weight), a valid permit shall be obtained
29 before any further movement of a vehicle or combination in
30 violation of the limitations of this chapter.
19770H1171B3316 - 176 -
1 [(e)] (d) Responsibility of owner or driver.--All material
2 unloaded and any vehicle or combination parked awaiting a permit
3 shall be cared for by the owner or driver at the risk of the
4 owner or driver.
5 § 4983. PENALTY FOR VIOLATION OF SUBCHAPTER. <--
6 ANY DRIVER WHO FAILS OR REFUSES TO COMPLY WITH THE
7 REQUIREMENTS OF A POLICE OFFICER GIVEN PURSUANT TO THIS
8 SUBCHAPTER IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON
9 CONVICTION, BE SENTENCED TO PAY A FINE OF [$100] $1,000.
10 § 6104. Administrative duties of department.
11 (a) Forms.--The department shall prescribe and provide
12 suitable forms of applications, certificates of title,
13 registration cards, drivers' licenses and all other forms
14 requisite or deemed necessary to carry out the provisions of
15 this title, except Chapter 77 (relating to snowmobiles), and any
16 other laws the administration of which is vested in the
17 department.
18 * * *
19 § 6105. Department to prescribe [traffic and] engineering
20 [investigations] and traffic studies.
21 The department may establish by regulation the manner in
22 which [traffic and] engineering [investigations] and traffic
23 studies shall be carried out. The department may specify
24 particular actions which require [traffic and] engineering
25 [investigations] and traffic studies. No action shall become
26 effective until the [investigation] study has been properly
27 completed.
28 § 6109. Specify powers of department and local authorities.
29 (a) Enumeration of police powers.--The provisions of this
30 title shall not be deemed to prevent the department on State-
19770H1171B3316 - 177 -
1 designated highways and local authorities on streets or highways
2 within their physical boundaries from the reasonable exercise of
3 their police powers IN ANY MANNER NOT INCONSISTENT WITH THE <--
4 PROVISIONS OF THIS TITLE. The following are presumed to be
5 reasonable exercises of police power:
6 (1) Regulating or prohibiting stopping, standing or
7 parking.
8 (2) Regulating traffic by means of police officers or
9 official traffic-control devices.
10 (3) Regulating or prohibiting processions or assemblages
11 on highways.
12 (4) Designating particular highways or roadways for use
13 by traffic moving in one direction as authorized in section
14 3308 (relating to one-way roadways and rotary traffic
15 islands).
16 (5) Establishing speed limits for vehicles in public
17 parks.
18 (6) Designating any highway as a through highway or
19 designating any intersection or junction of roadways as a
20 stop or yield intersection or junction.
21 (7) Prohibiting or restricting the use of highways at
22 particular places or by particular classes of vehicles
23 whenever the highway or portion of the highway may be
24 seriously damaged by the use or the movement of the vehicles
25 would constitute a safety hazard.
26 (8) Regulating the operation of pedalcycles and
27 requiring their registration and inspection, and the payment
28 of a reasonable registration fee.
29 (9) Regulating or prohibiting the turning of vehicles or
30 specified types of vehicles as authorized in section 3331
19770H1171B3316 - 178 -
1 (relating to required position and method of turning).
2 (10) Altering or establishing speed limits as authorized
3 in Subchapter F of Chapter 33 (relating to speed
4 restrictions).
5 (11) Enforcement of speed restrictions authorized under
6 Subchapter F of Chapter 33, except that speed restrictions
7 may be enforced by local police on a limited access [or
8 divided] highway only if it is patrolled by the local police
9 force under the terms of an agreement with the Pennsylvania
10 State Police.
11 (12) Designating no-passing zones as authorized in
12 section 3307 (relating to no-passing zones).
13 (13) Prohibiting or regulating the use of designated
14 streets by any class or kind of traffic.
15 (14) Establishing minimum speed limits as authorized in
16 section 3364 (relating to minimum speed regulation).
17 (15) Regulating and temporarily prohibiting traffic on
18 streets closed or restricted for USE AS PLAY HIGHWAYS OR FOR <--
19 construction, maintenance or special events.
20 (16) Prohibiting pedestrians from crossing a roadway in
21 a business district or any designated highway except in a
22 crosswalk.
23 (17) Restricting pedestrian crossings at unmarked
24 crosswalks.
25 (18) Regulating persons propelling push carts.
26 (19) Regulating persons upon skates, coasters, sleds and
27 other toy vehicles.
28 (20) Adopting and enforcing such temporary or
29 experimental regulations ON A SEASONAL OR LIMITED TIME BASIS, <--
30 AND TEMPORARY REGULATIONS as [may be] necessary [to cover] IN <--
19770H1171B3316 - 179 -
1 CASE OF emergencies or special conditions.
2 (21) Regulating the operation of streetcars, the passing
3 of streetcars by other vehicles and the driving upon
4 streetcar tracks by other vehicles.
5 (22) Providing for and establishing procedures governing
6 the removal and impounding of any vehicle parked on the
7 highways or public property of the local authority in
8 violation of any local ordinance adopted pursuant to the
9 authority of this title or of any of the provisions of this
10 title.
11 (23) Adopting such other traffic regulations as are
12 specifically authorized by this title.
13 (B) ACTION BY LOCAL AUTHORITIES.-- <--
14 (1) ACTION TAKEN BY LOCAL AUTHORITIES UNDER THIS SECTION
15 SHALL BE:
16 [(1)] (I) BY ORDINANCE OF THE LOCAL GOVERNING BODY;
17 OR
18 [(2)] (II) BY ORDER OF A COMMISSION OR PUBLIC
19 OFFICIAL AUTHORIZED BY CHARTER OR ORDINANCE TO ACT ON
20 SPECIFIED MATTERS.
21 (2) THE SPECIFIC LOCATIONS OF TRAFFIC-CONTROL DEVICES
22 NEED NOT BE SET OUT IN AN ORDINANCE OR ORDER WHERE SPECIFIC
23 LOCATIONS OF THEIR PLACEMENT OR REMOVAL ARE AUTHORIZED BY
24 ACTION OF THE LOCAL GOVERNING BODY, COMMISSION OR PUBLIC
25 OFFICIAL AND AN INDEXED OR ALPHABETICAL LISTING OF ALL SUCH
26 LOCATIONS, WITH DATE OF OFFICIAL ACTION, IS MAINTAINED AS AN
27 OFFICIAL RECORD OF THE LOCAL AUTHORITY.
28 (3) THIS SUBSECTION DOES NOT APPLY TO TEMPORARY
29 REGULATIONS ADOPTED UNDER SUBSECTION (A)(20) FOR EMERGENCIES
30 OR SPECIAL CONDITIONS.
19770H1171B3316 - 180 -
1 (C) WHEN TRAFFIC-CONTROL DEVICES REQUIRED.--NO REGULATION OR
2 ORDINANCE ENACTED UNDER SUBSECTION (A)(1), (4), (5), (6), (7),
3 (9), (10), (11), (12), (13), (14), (15) OR (16) [OR (21)] SHALL
4 BE EFFECTIVE UNTIL OFFICIAL TRAFFIC-CONTROL DEVICES GIVING
5 NOTICE OF THE TRAFFIC REGULATIONS OR ORDINANCES ARE ERECTED UPON
6 OR AT THE ENTRANCES TO THE HIGHWAY OR PART THEREOF AFFECTED AS
7 MAY BE MOST APPROPRIATE.
8 * * *
9 (e) Engineering and traffic [investigation] study
10 required.--Action by local authorities under this section shall
11 be taken only after completing an engineering and traffic
12 [investigation] study when and in such manner as required by
13 regulations promulgated by the department.
14 § 6112. [Removal of traffic] Traffic hazards by property owner.
15 (a) General rule.--No person shall PLACE ANY LIGHTING DEVICE <--
16 OR plant or place any tree, plant, shrub or other obstruction
17 which, by obstructing the view of any driver or in any other
18 manner, constitutes a traffic hazard.
19 [(a) General rule] (b) Removal of hazard.--It is the duty
20 of the owner of real property to remove from the property any
21 LIGHTING DEVICE OR tree, plant, shrub or other [similar] <--
22 obstruction, or part thereof, which, by obstructing the view of
23 any driver or in any other manner, constitutes a traffic hazard.
24 [(b)] (c) Notice of hazard.--When the department or any
25 local authority determines on the basis of an engineering and
26 traffic [investigation] study that a traffic hazard exists, it
27 shall [notify], by certified mail, order the owner [and order]
28 to remove the hazard [removed] within ten days.
29 [(c)] (d) Penalty.--The failure of the owner to remove the
30 traffic hazard within ten days after notice under subsection
19770H1171B3316 - 181 -
1 [(b)] (c) is a summary offense and every day the owner fails to
2 remove it shall be a separate and distinct offense. The offense
3 is punishable by a fine of $10.
4 § 6122. Authority to erect traffic-control devices.
5 (a) General rule.--The department on State-designated
6 highways and local authorities on any highway within their
7 boundaries may erect official traffic-control devices, which
8 shall be installed and maintained in conformance with the manual
9 and regulations published by the department upon all highways as
10 required to carry out the provisions of this title or to
11 regulate, restrict, direct, warn, prohibit or guide traffic.
12 (1) Local authorities shall obtain approval of the
13 [department]:
14 (I) DEPARTMENT prior to erecting [an] ANY official <--
15 traffic-control device on a State-designated highway
16 except where department regulations provide otherwise.
17 (II) COUNTY PRIOR TO ERECTING ANY OFFICIAL TRAFFIC- <--
18 CONTROL DEVICE ON A COUNTY HIGHWAY.
19 (2) Local authorities shall obtain approval of the
20 department prior to erecting any traffic-control signal ON A <--
21 LOCAL HIGHWAY except in a municipality with a traffic
22 engineer qualified in accordance with department regulations.
23 (B) STANDARDS FOR DEPARTMENT APPROVAL.--THE DEPARTMENT SHALL <--
24 PROMULGATE RULES AND REGULATIONS SETTING FORTH MINIMUM STANDARDS
25 AND FACTORS TO BE CONSIDERED IN DETERMINING WHETHER APPROVAL
26 SHALL BE GIVEN BY THE DEPARTMENT FOR THE INSTALLATION AND
27 MAINTENANCE OF OFFICIAL TRAFFIC--CONTROL DEVICES. [THE FACTORS
28 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE VOLUME OF TRAFFIC AND
29 THE NUMBER OF ACCIDENTS THAT OCCURRED IN EACH OF THE THREE
30 PRECEDING YEARS.]
19770H1171B3316 - 182 -
1 (C) AGREEMENTS TO WAIVE DEPARTMENT APPROVAL.--THE DEPARTMENT
2 MAY ENTER INTO AGREEMENTS WITH LOCAL AUTHORITIES TRANSFERRING TO
3 THEM THE AUTHORITY TO INSTALL OFFICIAL TRAFFIC-CONTROL DEVICES
4 WITHOUT SPECIFIC STATE APPROVAL PROVIDED THEY CONDUCT TRAFFIC
5 AND ENGINEERING INVESTIGATIONS WHICH CONFORM WITH THE RULES AND
6 REGULATIONS PROMULGATED BY THE DEPARTMENT.
7 (D) SIGNALS ON MUNICIPAL BOUNDARIES.--WHENEVER THE NEED
8 ARISES FOR THE INSTALLATION OF A TRAFFIC[-CONTROL] SIGNAL ON OR
9 NEAR THE BOUNDARY OF TWO POLITICAL SUBDIVISIONS ADJOINING EACH
10 OTHER SO AS TO BE BENEFICIAL TO BOTH, EITHER MAY PETITION THE
11 DEPARTMENT FOR AUTHORITY TO INSTALL THE SIGNAL. IF THE POLITICAL
12 SUBDIVISIONS CANNOT AMICABLY AGREE UPON AN ALLOCATION OF THE
13 COSTS OF INSTALLATION AND MAINTENANCE OF THE SIGNAL, EITHER MAY
14 PETITION THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE
15 TRAFFIC[-CONTROL] SIGNAL IS TO BE INSTALLED WITHIN 90 DAYS AFTER
16 RECEIVING THE APPROVAL OF THE DEPARTMENT AND THE COURT SHALL
17 DETERMINE THE PROPER ALLOCATION OF THE EXPENSES TO BE INCURRED.
18 THE POLITICAL SUBDIVISION THAT ORIGINATED THE REQUEST TO THE
19 DEPARTMENT SHALL INSTALL THE TRAFFIC[-CONTROL] SIGNAL WITHIN 90
20 DAYS OF THE DATE OF THE COURT ORDER OR OF AN AMICABLE AGREEMENT
21 BETWEEN THE POLITICAL SUBDIVISIONS.
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.
19770H1171B3316 - 183 -
1 § 6301. PROSECUTIONS UNDER LOCAL ORDINANCES SUPERSEDED BY <--
2 TITLE.
3 EXCEPT FOR PARKING VIOLATIONS, WHEN THE SAME CONDUCT IS
4 PROSCRIBED UNDER THIS TITLE AND A LOCAL ORDINANCE, THE CHARGE
5 SHALL BE BROUGHT UNDER THIS TITLE AND NOT UNDER THE LOCAL
6 ORDINANCE. PROSECUTIONS BROUGHT UNDER ANY LOCAL ORDINANCE, RULE
7 OR REGULATION, WHICH ARE BASED ON A VIOLATION FOR WHICH THERE IS
8 A SPECIFIC PENALTY PROVIDED IN THIS TITLE, EXCEPT FOR PARKING
9 VIOLATIONS, SHALL BE DEEMED AS HAVING BEEN BROUGHT UNDER THIS
10 TITLE AND THE ASSESSMENT AND DISPOSITION OF THE FINES AND
11 FORFEITURES SHALL BE SO GOVERNED. LOCAL ORDINANCES RELATING TO
12 PARKING SHALL PRESCRIBE FINES FOR VIOLATIONS AND MAY AUTHORIZE
13 THE PAYMENT OF PENALTIES IN LIEU OF FINES AND COSTS UNDER
14 PRESCRIBED CONDITIONS EXCEPT THAT THE FINE OR PENALTY SHALL NOT
15 EXCEED $15 FOR EACH VIOLATION.
16 § 6304. AUTHORITY TO ARREST WITHOUT WARRANT.
17 (A) PENNSYLVANIA STATE POLICE.--A MEMBER OF THE PENNSYLVANIA
18 STATE POLICE WHO IS IN UNIFORM MAY ARREST WITHOUT A WARRANT ANY
19 PERSON WHO VIOLATES ANY PROVISION OF THIS TITLE IN THE PRESENCE
20 OF THE POLICE OFFICER MAKING THE ARREST.
21 (B) OTHER POLICE OFFICERS.--ANY POLICE OFFICER WHO IS IN
22 UNIFORM MAY ARREST WITHOUT A WARRANT FOR A VIOLATION COMMITTED
23 IN THE PRESENCE OF THE POLICE OFFICER ANY NONRESIDENT WHO
24 VIOLATES ANY PROVISION OF THIS TITLE [IN THE PRESENCE OF THE <--
25 POLICE OFFICER MAKING THE ARREST.] OR ANY OTHER PERSON WHO <--
26 VIOLATES ANY OF THE FOLLOWING PROVISIONS OF THIS TITLE:
27 SECTION 1117 (RELATING TO VEHICLE DESTROYED OR SALVAGED)
28 SECTION 1371 (RELATING TO OPERATION FOLLOWING SUSPENSION
29 OF REGISTRATION)
30 SECTION 1376 (RELATING TO SURRENDER OF REGISTRATION
19770H1171B3316 - 184 -
1 PLATES AND CARDS UPON SUSPENSION)
2 SECTION 1543 (RELATING TO DRIVING WHILE OPERATING
3 PRIVILEGE IS SUSPENDED OR REVOKED)
4 SECTION 1571 (RELATING TO VIOLATIONS CONCERNING LICENSES)
5 SECTION 1573 (RELATING TO DRIVING UNDER FOREIGN LICENSE
6 DURING SUSPENSION OR REVOCATION)
7 SECTION 1945 (RELATING TO BOOKS OF PERMITS)
8 SECTION 3345 (RELATING TO MEETING OR OVERTAKING SCHOOL
9 BUS)
10 SUBCHAPTER B OF CHAPTER 37 (RELATING TO SERIOUS TRAFFIC
11 OFFENSES)
12 SECTION 3743 (RELATING TO ACCIDENTS INVOLVING DAMAGE TO
13 ATTENDED VEHICLE OR PROPERTY)
14 SECTION 4551 (RELATING TO SAFETY REGULATIONS)
15 SECTION 4730 (RELATING TO VIOLATIONS OF USE OF
16 CERTIFICATE OF INSPECTION)
17 CHAPTER 49 (RELATING TO SIZE, WEIGHT AND LOAD)
18 SECTION 6503 (RELATING TO SUBSEQUENT CONVICTIONS OF
19 CERTAIN OFFENSES)
20 SECTION 7124 (RELATING TO FRAUDULENT USE OR REMOVAL OF
21 REGISTRATION PLATE)
22 (C) PROCEDURE FOR OVERWEIGHT VIOLATIONS.--AFTER AN ARREST
23 UNDER SUBSECTION (A) OR (B) FOR A VIOLATION UNDER SUBCHAPTER C
24 OF CHAPTER 49, THE PERSON ARRESTED SHALL BE TAKEN BEFORE AN
25 ISSUING AUTHORITY AND BE GIVEN THE OPTION OF EITHER HAVING AN
26 IMMEDIATE HEARING OR POSTING SECURITY IN THE AMOUNT OF THE FINE
27 AND COSTS. IN THE EVENT SECURITY IS NOT POSTED WITHIN ONE HOUR,
28 AN IMMEDIATE HEARING SHALL BE HELD. THE ISSUING AUTHORITY SHALL
29 ACCEPT THE OVERWEIGHT VEHICLE AS SECURITY AND IN THAT EVENT THE
30 VEHICLE SHALL BE RENDERED TEMPORARILY INOPERATIVE UNTIL ANOTHER
19770H1171B3316 - 185 -
1 FORM OF SECURITY IS POSTED OR UNTIL THE DATE OF HEARING,
2 WHICHEVER IS SOONER.
3 [(C)] (D) OTHER POWERS PRESERVED.--THE POWERS OF ARREST
4 CONFERRED BY THIS SECTION ARE IN ADDITION TO ANY OTHER POWERS OF
5 ARREST CONFERRED BY LAW.
6 § 6305. Arrest of nonresident.
7 (a) General rule.--Upon arrest of a nonresident for any
8 violation of this title, a police officer shall escort the
9 defendant to the appropriate issuing authority for a hearing,
10 posting of bond or payment of the applicable fine and costs
11 [unless the defendant chooses to place the amount of the <--
12 applicable fine (or the maximum fine in the case of a variable
13 fine) and costs in a stamped envelope addressed to the
14 appropriate issuing authority and mails the envelope in the
15 presence of the police officer] unless the defendant is covered <--
16 by a reciprocity agreement between the Commonwealth and their
17 resident state as authorized in Subchapter C of Chapter 61
18 (relating to reciprocity).
19 (b) Procedure upon payment by mail.--If the defendant mails
20 the amount of the fine prescribed in subsection (a), the
21 defendant shall indicate on an accompanying form whether the
22 payment constitutes a fine based on a plea of guilty or a bond
23 for a hearing based on a plea of not guilty. If the plea is not
24 guilty, the police officer shall notify the issuing authority by
25 telephone and the issuing authority shall schedule a hearing for
26 the following day (excluding Saturdays, Sundays and legal
27 holidays), unless the defendant requests a continuance, in which
28 case a hearing shall be scheduled to accommodate the defendant,
29 the police officer and the issuing authority.
30 (c) Form of payment.--The amount of the fine and costs may
19770H1171B3316 - 186 -
1 be paid [in cash,] by personal or other check, credit card or <--
2 guaranteed arrest bond, except that the Court Administrator of
3 Pennsylvania may enlarge or restrict the types of payment which
4 may be made by mail.
5 (d) Receipt for payment.--The police officer shall give the
6 defendant a receipt for the payment, a copy of which shall be
7 mailed with the payment and a copy retained by the police
8 officer.
9 (E) EXCEPTION.--THIS SECTION DOES NOT APPLY TO A NONRESIDENT <--
10 WHO IS COVERED BY A RECIPROCITY AGREEMENT BETWEEN THE
11 COMMONWEALTH AND THEIR RESIDENT STATE AS AUTHORIZED IN
12 SUBCHAPTER C OF CHAPTER 61 (RELATING TO RECIPROCITY).
13 § 6306. Costs for summary offenses.
14 (a) General rule.--Except as provided in subsection (b), any <--
15 person convicted of a summary offense under this title shall, in
16 addition to the fine imposed, be sentenced to pay $10 as costs
17 of the issuing authority which costs shall include all charges
18 including, when called for, the costs of postage and registered
19 or certified mail and the costs of giving a transcript to the
20 prosecutor or defendant, or both, if requested.
21 (b) Conviction after hearing.--Where the person charged with
22 a summary offense under this title demands a hearing, the costs
23 of the issuing authority shall be $15, which costs shall include
24 all charges including the charges specified in subsection (a).
25 (c) Cost of removing vehicle.--In addition to costs payable
26 under subsections (a) and (b), the defendant shall pay to the
27 issuing authority any costs incurred in removing a vehicle under
28 section 3352 (relating to removal of vehicle by or at direction
29 of police).
30 (d) Disposition of costs.--All costs collected for
19770H1171B3316 - 187 -
1 convictions for summary offenses under this title shall be paid
2 monthly to the county in which the magisterial district is
3 located and shall be retained by the county for its use.
4 [(A) GENERAL RULE.--] COSTS FOR SUMMARY OFFENSES SHALL BE <--
5 ESTABLISHED BY GENERAL RULE PURSUANT TO CHAPTER 17 OF TITLE 42
6 (RELATING TO GOVERNANCE OF THE SYSTEM).
7 [(B) COSTS OF REMOVING VEHICLE.--(RESERVED).] <--
8 § 6308. Investigation by police [officers] AND DEPARTMENT <--
9 EMPLOYEES.
10 (a) Duty of operator or pedestrian.--The operator of any
11 vehicle or any pedestrian [reasonably believed to have violated
12 any provision of this title] shall stop upon request or signal
13 of any uniformed police officer and shall[, upon request,]:
14 (1) exhibit a registration card, driver's license and
15 proof of insurance, or other means of identification if a
16 pedestrian or driver of a pedalcycle; and [shall write]
17 (2) write their name in the presence of the police
18 officer if so required for the purpose of establishing
19 identity.
20 (b) [Authority of police officer] EXAMINATION OF VEHICLES.-- <--
21 Any uniformed police officer may stop a vehicle, upon request or
22 signal, for the purpose of inspecting the vehicle as to its
23 equipment and operation, or vehicle identification number or
24 engine number, or to secure such other information as the
25 officer may reasonably believe to be necessary to enforce the
26 provisions of this title. A UNIFORMED POLICE OFFICER MAY EXAMINE <--
27 A VEHICLE'S LOAD AND ANY RELATED DOCUMENTS IN ORDER TO DETERMINE
28 WHETHER VIOLATIONS OF WEIGHT RESTRICTIONS HAVE OCCURRED.
29 (c) Inspection of garages and dealer premises.--Any police
30 officer or authorized department employee may inspect any
19770H1171B3316 - 188 -
1 vehicle in any public garage or repair shop or on the premises
2 of any dealer, TOWER, salvor, scrap metal processor, insurer, or <--
3 other public place of business for the purpose of locating
4 stolen vehicles or parts. The owner of the garage or repair shop
5 or the dealer or other person shall permit any police officer or
6 authorized department employee to make investigations under this
7 subsection.
8 (D) INVESTIGATION AND AUDIT OF ISSUING AGENTS.--ANY POLICE <--
9 OFFICER OR AUTHORIZED DEPARTMENT EMPLOYEE MAY AUDIT AND
10 INVESTIGATE ANY DEALER, MANUFACTURER OR OTHER ISSUING AGENT OF
11 TEMPORARY REGISTRATION CARDS OR PLATES TO DETERMINE WHETHER ANY
12 SUCH PERSON HAS VIOLATED ANY PROVISION OF THIS TITLE OR ANY
13 REGULATION PROMULGATED BY THE DEPARTMENT.
14 (d) (E) Production to avoid prosecution.--No person shall be <--
15 charged with failure to exhibit proof of insurance as required
16 by subsection (a)(1) SHALL BE CONVICTED if the person does not <--
17 have proof of insurance in their possession and produces proof
18 of insurance valid on the date of the request at the office of
19 the investigating officer ISSUING AUTHORITY within five days of <--
20 the violation.
21 § 6309. Cost of COSTS FOR warrants executed by Pennsylvania <--
22 State Police.
23 Whenever a member of the Pennsylvania State Police executes a
24 warrant in connection with an alleged violation of this title,
25 additional costs shall be assessed in an amount equal to the
26 amount a constable would have received had he executed the
27 warrant. Such additional costs collected for the execution of
28 warrants by members of the Pennsylvania State Police shall be
29 transmitted to the State Treasury and shall be credited to the
30 Motor License Fund.
19770H1171B3316 - 189 -
1 § 6322. Reports by issuing authorities.
2 (a) General rule.--SUBJECT TO ANY INCONSISTENT PROCEDURES <--
3 AND STANDARDS RELATING TO REPORTS AND TRANSMISSION OF FUNDS
4 PRESCRIBED PURSUANT TO TITLE 42 (RELATING TO JUDICIARY AND
5 JUDICIAL PROCEDURE):
6 (1) Following the [fifteenth and last days] last day of
7 each month, every issuing authority shall prepare a
8 statement, upon forms prescribed and furnished by the
9 [department] Commonwealth, of all fines collected, bail
10 forfeited[,] and sentence imposed [and final disposition] for
11 all [cases on] violations of any provisions of this title
12 decided by the issuing authority in the [semimonthly] monthly
13 reporting period just concluded:
14 (1) (I) Cases which have been appealed shall not be <--
15 included in the report.
16 (2) (II) Cases which are appealable shall not be <--
17 included in the report until the appeal period expires.
18 (3) (III) The statement shall be certified by the <--
19 issuing authority to be true and correct and shall be
20 forwarded IN SUCH NUMBER OF COPIES AS THE COMMONWEALTH <--
21 DETERMINES to the [department] DEPARTMENT OF REVENUE <--
22 within [the following week] seven 15 days, with a copy <--
23 sent to the police department which filed the charge.
24 (4) (IV) [The ANY fines and bail forfeited] A copy <--
25 of the citation or summons PAYABLE TO THE COMMONWEALTH <--
26 UNDER SUBCHAPTER E OF CHAPTER 35 OF TITLE 42 (RELATING TO
27 FINES, ETC.) AND COPIES OF THE CITATIONS OR SUMMONSES
28 shall accompany the report to the [department.] <--
29 DEPARTMENT OF REVENUE WHICH SHALL TRANSMIT THE COPIES OF <--
30 THE CITATIONS OR SUMMONSES AND A COPY OF THE REPORT TO
19770H1171B3316 - 190 -
1 THE DEPARTMENT.
2 * * *
3 § 6323. Reports by courts of record. <--
4 SUBJECT TO ANY INCONSISTENT PROCEDURES AND STANDARDS RELATING <--
5 TO REPORTS AND TRANSMISSION OF FUNDS PRESCRIBED PURSUANT TO
6 TITLE 42 (RELATING TO JUDICIARY AND JUDICIAL PROCEDURE):
7 (1) [The] WITHIN TEN DAYS FOLLOWING THE LAST DAY OF EACH <--
8 MONTH, EVERY clerk of [any] A court of record of this <--
9 Commonwealth[, within ten days after] SHALL SEND TO THE <--
10 DEPARTMENT OF REVENUE A RECORD OF ALL final [judgment] <--
11 JUDGMENTS of conviction or acquittal or other disposition of <--
12 charges under any of the provisions of this title[, shall <--
13 send to the department a record of the judgment of
14 conviction, acquittal or other disposition] FOR THE MONTHLY <--
15 REPORTING PERIOD JUST CONCLUDED. on a form prescribed by the <--
16 department. THE FORM AND NUMBER OF COPIES OF THE RECORD SHALL <--
17 BE PRESCRIBED BY THE COMMONWEALTH.
18 (2) A record of the judgment shall also be forwarded to
19 the [department] DEPARTMENT OF REVENUE upon conviction [or <--
20 acquittal] of a person of a misdemeanor or felony in the
21 commission of which the judge determines that a motor vehicle
22 was essentially involved.
23 (3) The fines and bail forfeited UNDER ANY OF THE <--
24 PROVISIONS OF THIS TITLE PAYABLE TO THE COMMONWEALTH UNDER
25 SUBCHAPTER E OF CHAPTER 35 OF TITLE 42 (RELATING TO FINES,
26 ETC.) shall accompany the record sent to the [department] <--
27 DEPARTMENT OF REVENUE WHICH SHALL TRANSMIT A COPY OF THE <--
28 RECORD TO THE DEPARTMENT.
29 § [6327] 6326. Inspection of records. <--
30 The records of the issuing authority, department and each
19770H1171B3316 - 191 -
1 police department required under this subchapter shall be open
2 for inspection by any police officer or authorized employee of
3 the department, the Department of Justice, the Department of
4 Revenue, the Auditor General and the [Court Administrator of <--
5 [the Supreme Court] Pennsylvania ADMINISTRATIVE OFFICE OF <--
6 PENNSYLVANIA COURTS.
7 § 6342. Registration number as prima facie evidence of <--
8 operation.
9 (a) General rule.--In any proceeding for a violation of the
10 provisions of this title or any local ordinance[, rule or
11 regulation,] regulating parking, the registration plate
12 displayed on a vehicle shall be prima facie evidence that the
13 [owner] of the vehicle was then operating the vehicle.
14 [(b) Burden shifted by testimony of owner.--If at any
15 hearing or proceeding the owner testifies under oath or
16 affirmation that the owner was not operating the vehicle at the
17 time of the alleged violation and submits to an examination as
18 to who at the time was operating the vehicle and reveals the
19 name of the person, if known, then the prima facie evidence
20 arising from the registration plate shall be overcome and
21 removed and the burden of proof shifted.]
22 [(c)] (b) Burden shifted by affidavit of owner.--If the
23 information is made in a county other than that of the owner's
24 own residence and an affidavit setting forth these facts is
25 forwarded to the issuing authority, the prima facie evidence
26 arising from the registration plate shall be overcome and the
27 burden of proof shifted.
28 § 6501. DEFINITION OF VIOLATION AND CONVICTION. <--
29 (A) GENERAL RULE.--FOR THE PURPOSES OF THIS TITLE [A]:
30 (1) A VIOLATION OF A PROVISION OF THIS TITLE INCLUDES A
19770H1171B3316 - 192 -
1 VIOLATION OF A RULE OR REGULATION ADOPTED BY THE DEPARTMENT
2 TO IMPLEMENT THAT PARTICULAR PROVISION OF THIS TITLE.
3 (2) A CONVICTION INCLUDES A PLEA OF GUILTY, A PLEA OF
4 NOLO CONTENDERE, A FINDING OF GUILTY BY A COURT OR AN
5 UNVACATED FORFEITURE OF BAIL OR COLLATERAL DEPOSITED TO
6 SECURE A DEFENDANT'S APPEARANCE IN COURT.
7 (B) PAYMENT OF FINE AS GUILTY PLEA.--A PAYMENT BY ANY PERSON
8 CHARGED WITH A VIOLATION OF THIS TITLE OF THE FINE PRESCRIBED
9 FOR THE VIOLATION IS A PLEA OF GUILTY.
10 § 6503. Subsequent convictions of certain offenses.
11 [Every person convicted of a] A second or subsequent <--
12 violation of any of the following provisions shall [be sentenced <--
13 to pay] CONSTITUTE A MISDEMEANOR OF THE THIRD DEGREE PUNISHABLE <--
14 BY a fine of not less than [$200] $500 nor more than $1,000 or <--
15 [to] imprisonment for not more than one year, or both] $500 nor <--
16 more than $1,000:
17 Section 1501(a) (relating to drivers required to be
18 licensed).
19 Section 1543 (relating to driving while operating
20 privilege is suspended or revoked).
21 SECTION 1573 (RELATING TO DRIVING UNDER FOREIGN LICENSE <--
22 DURING SUSPENSION OR REVOCATION).
23 Section 3367 (relating to racing on highways).
24 Section 3733 (relating to fleeing or attempting to elude
25 police officer).
26 Section 3734 (relating to driving without lights to avoid
27 identification or arrest).
28 Section 3748 (relating to false reports).
29 § 6504. [Inability to pay] PAYMENT OF fine and costs. <--
30 [(a) Order for installment payments.--]Upon plea and proof <--
19770H1171B3316 - 193 -
1 that a person is unable to pay any fine and costs imposed under
2 this title, a court may, in accordance with the Pennsylvania <--
3 Rules of Criminal Procedure 18 PA.C.S. § 1358 (RELATING TO <--
4 FINE), order payment of the fine and costs in installments and
5 shall fix the amounts, times and manner of payment.
6 § 6505. Imprisonment for nonpayment of fine and costs. <--
7 [(b) Imprisonment for nonpayment.--]Any person who does not <--
8 pay any fine or costs assessed for a summary conviction under
9 this title which has not been appealed or who does not comply
10 with an order entered under [this section] section 6504 <--
11 (relating to inability to pay fine and costs) SUBSECTION (A) may <--
12 be imprisoned for a number of days equal to one day for each $10
13 of the unpaid balance of the fine and costs.
14 [§ 6505] § 6506. Disposition of fines and forfeitures. <--
15 (a) State Police enforcement.--When prosecution under the
16 provisions of this title is the result of State Police action,
17 all fines and penalties and all bail forfeited shall be paid to
18 the Department of Revenue, transmitted to the State Treasury and
19 credited to the Motor License Fund. One-half of the revenue
20 shall be paid to municipalities in the same ratio provided in
21 section 4 of the act of June 1, 1956 (P.L.1944, No.655),
22 relating to partial allocation of liquid fuels and fuel use tax
23 proceeds.
24 (b) Local police enforcement in general.--When prosecution
25 under the provisions of this title, except for parking, is the
26 result of local police action, one-half of all fines and
27 penalties and all bail forfeited shall be paid to the political
28 subdivision under which the local police are organized and one-
29 half to the Department of Revenue, transmitted to the State
30 Treasury and credited to the Motor License Fund.
19770H1171B3316 - 194 -
1 (c) Local police enforcement of parking.--When prosecution
2 under the provisions of this title for parking is the result of
3 local police action, all fines and penalties and all bail
4 forfeited shall be paid to the political subdivision under which
5 the local police are organized.
6 § 7102. Removal or falsification of identification number.
7 (a) Offense defined.--A person who willfully removes or
8 falsifies an identification number of a vehicle, engine,
9 differential or transmission is guilty of a misdemeanor of the
10 [third] second degree.
11 (b) Fraudulent intent.--A person who willfully and with
12 intent to conceal or misrepresent the identity of a vehicle,
13 engine, differential or transmission, removes or falsifies an
14 identification number thereof, is guilty of a misdemeanor of the
15 first degree.
16 [(c) Exception.--This section does not apply to the removal <--
17 of [an] a vehicle identification number plate from a vehicle <--
18 [for which a certificate of junk has been obtained] in <--
19 accordance with the requirements of section 1117(a) (relating to <--
20 vehicle destroyed or junked).] <--
21 § 7103. Dealing in vehicles with removed or falsified
22 numbers.
23 (a) Offense defined.--A person who buys, receives,
24 possesses, sells or disposes of a vehicle, engine, differential
25 or transmission, knowing that an identification number has been
26 removed or falsified, is guilty of a misdemeanor of the third
27 degree.
28 (b) Knowledge of fraudulent intent.--A person who buys,
29 receives, possesses, sells or disposes of a vehicle, engine,
30 differential or transmission with knowledge that an
19770H1171B3316 - 195 -
1 identification number has been removed or falsified with intent
2 to conceal or misrepresent the identity thereof, is guilty of a
3 [felony of the third degree] misdemeanor of the first degree.
4 (c) Exception.--This section does not apply to the removal
5 of [an] a vehicle identification number plate from a vehicle
6 [for which a certificate of junk has been obtained] in
7 accordance with the requirements of section 1117(a) (relating to
8 vehicle destroyed or [junked] SALVAGED). <--
9 § 7105. Seizure of vehicles with removed or falsified
10 numbers.
11 (a) Duty of police.--Every police officer having knowledge
12 of a vehicle on which the [vehicle] identification number of the
13 vehicle, engine, differential or transmission has been removed
14 or falsified shall immediately seize and take possession of the
15 vehicle, engine, differential or transmission and arrest or file
16 a complaint for the arrest of the suspected owner or custodian.
17 In all actions involving seizure or possession of such vehicles,
18 [vehicle] engines, differentials or transmissions identification
19 information shall be transmitted to the Federal or other
20 agencies involved in recovery of stolen vehicles, engines,
21 differential or transmissions.
22 [(b) Proceedings if owner known.--The court, upon petition
23 of the owner or of the person entitled to possession of a seized
24 vehicle may relinquish custody of the vehicle to the person
25 legally entitled to the vehicle upon presentation of proof that
26 a State replacement vehicle identification number plate has been
27 issued by the department under section 7104 (relating to State
28 replacement vehicle identification number plate). Except as
29 otherwise provided in this section, the court shall retain in
30 custody the seized vehicle pending prosecution of the person
19770H1171B3316 - 196 -
1 arrested. In case the person is found guilty, the vehicle shall
2 remain in the custody of the court until the fine and costs of
3 prosecution are paid, except that if 90 days have elapsed after
4 the verdict has been rendered and the fine and costs have not
5 been paid, the court shall proceed to advertise and sell the
6 vehicle in the manner provided by law for the sale of personal
7 property under execution. The proceeds from the sale shall be
8 used to pay the fine and costs of prosecution and the balance,
9 if any, shall be forwarded to the department to be transmitted
10 to the State Treasurer for deposit in the Motor License Fund.]
11 (b) Proceedings if owner known.--
12 (1) Except as provided in paragraph (2), the court shall
13 retain in custody the seized vehicle, engine, differential or
14 transmission pending prosecution of the person arrested. If
15 the person is found guilty, the vehicle shall remain in the
16 custody of the court until the fine and costs of prosecution
17 are paid, except that if 90 days have elapsed after the
18 verdict has been rendered and the fine and costs have not
19 been paid, the court shall advertise and sell the vehicle,
20 engine, differential or transmission in the manner provided
21 by law for the sale of personal property under execution. The
22 proceeds from the sale shall be used to pay the fine and
23 costs of prosecution and the balance, if any, shall be
24 forwarded to the department to be transmitted to the State
25 Treasurer for deposit in the Motor License Fund.
26 (2) The court may relinquish custody of such:
27 (i) a vehicle to a person to whom a State
28 replacement vehicle identification number plate has been
29 issued in accordance with section 7104 (relating to State
30 replacement vehicle identification number plate); or
19770H1171B3316 - 197 -
1 (ii) an engine, differential or transmission to the
2 owner or person entitled thereto.
3 (c) Proceedings if owner unknown.--If ownership of the
4 vehicle, engine, differential or transmission is not established
5 to the satisfaction of the court, the vehicle, engine,
6 differential or transmission shall be confiscated by the court
7 and sold immediately, and the proceeds shall be used to pay the
8 costs of proceedings and the balance, if any, shall be forwarded
9 to the department to be transmitted to the State Treasurer for
10 deposit in the Motor License Fund.
11 § 7113. Reporting stolen and recovered vehicles.
12 (a) Stolen vehicle.--Every police department or police
13 [office] officer, having knowledge of a stolen vehicle, shall
14 immediately furnish the State Police with full information about
15 the stolen vehicle. The State Police shall forward the stolen
16 vehicle information to the department.
17 * * *
18 [§ 7116. Fraudulent removal of vehicle from garage.
19 No person shall remove or cause to be removed, by any false
20 pretension or with intent to defraud, any vehicle that has been
21 placed in a garage or automobile shop for storage, repair or
22 garage service.]
23 § 7121. False application for certificate of title or
24 registration.
25 A person is guilty of a misdemeanor of the [first] second
26 degree if the person uses a false or fictitious name or address
27 or makes a material false statement, or fails to disclose a
28 security interest, or conceals any other material fact in an
29 application for a certificate of title or for registration.
30 § 7122. Altered, forged or counterfeit documents and plates.
19770H1171B3316 - 198 -
1 A person is guilty of a misdemeanor of the [first] second
2 degree if the person, with fraudulent intent:
3 (1) alters, forges or counterfeits a certificate of
4 title, registration card or plate[, inspection certificate]
5 or proof of insurance;
6 (2) alters or forges an assignment of a certificate of
7 title, or an assignment or release of a security interest on
8 a certificate of title or any other document issued or
9 prepared for issue by the department; or
10 (3) has possession of, sells or attempts to sell, uses
11 or displays a certificate of title, registration card or
12 plate, [driver's license, inspection certificate] proof of
13 insurance or any other document issued by the department,
14 knowing it to have been altered, forged or counterfeited.
15 § 7123. Sale or purchase of certificate or other document.
16 [It is unlawful to purchase or sell] A person is guilty of a
17 misdemeanor of the second degree if such person purchases or
18 sells, EXCEPT AS AUTHORIZED IN THIS TITLE, a certificate or any <--
19 other document issued by the department. Police officers or
20 department representatives may confiscate the documents when
21 unlawfully possessed or used.
22 § 7301. Authorization of salvors.
23 * * * <--
24 (A) GENERAL RULE.--THE DEPARTMENT SHALL AUTHORIZE AND SHALL <--
25 ISSUE A CERTIFICATE OF AUTHORIZATION TO EVERY SALVOR THAT
26 COMPLIES WITH THE REQUIREMENTS OF THIS CHAPTER AND REGULATIONS
27 ADOPTED BY THE DEPARTMENT [AND IS A VEHICLE SALVAGE DEALER AS
28 DEFINED IN SECTION 1337(C)(2) (RELATING TO USE OF "MISCELLANEOUS
29 MOTOR VEHICLE BUSINESS" REGISTRATION PLATES)].
30 (B) UNAUTHORIZED OPERATION PROHIBITED.--NO PERSON SHALL
19770H1171B3316 - 199 -
1 OPERATE AS A SALVOR UNLESS AUTHORIZED.
2 (C) DUTY OF SALVOR.--UPON WRITTEN REQUEST OF A POLICE
3 DEPARTMENT, A SALVOR SHALL TAKE POSSESSION OF AND REMOVE TO THE
4 STORAGE FACILITY OF THE SALVOR ANY ABANDONED VEHICLE LOCATED
5 WITHIN 30 MILES OF THE PLACE OF BUSINESS OF THE SALVOR:
6 (1) ON PRIVATE PROPERTY IF THE VEHICLE HAS VALUE OTHER
7 THAN FOR SALVAGE; OR
8 (2) ON PUBLIC PROPERTY.
9 (d) Storage facility.--A salvor may rent or own a storage
10 facility, which shall comply with the act of [December 15, 1971
11 (P.L.596, No.160), known as the "Outdoor Advertising Control Act
12 of 1971," where applicable, and with regulations promulgated by
13 the department.] July 28, 1966 (3rd Sp.Sess., P.L.91, No.4),
14 referred to as the Junkyard and Automotive Recycler Screening
15 Law.
16 § 7302. CERTIFICATE OF AUTHORIZATION. <--
17 (A) APPLICATION AND ISSUANCE.--APPLICATION FOR A CERTIFICATE
18 OF AUTHORIZATION SHALL BE MADE ON A FORM PRESCRIBED BY THE
19 DEPARTMENT. THE DEPARTMENT SHALL INVESTIGATE THE QUALIFICATIONS
20 AND FITNESS OF THE APPLICANT AND SHALL ISSUE A CERTIFICATE OF
21 AUTHORIZATION IF IT DETERMINES THAT THE APPLICANT IS CAPABLE OF
22 PERFORMING THE DUTIES OF A SALVOR IN A MANNER CONSISTENT WITH
23 THE PUBLIC INTEREST.
24 (B) PLACE OF BUSINESS.--EVERY APPLICANT SHALL HAVE AND
25 MAINTAIN AN ESTABLISHED PLACE OF BUSINESS. IF THE APPLICANT HAS
26 OR INTENDS TO HAVE ONE OR MORE PLACES OF BUSINESS OR BRANCH
27 OFFICES, THE APPLICATION SHALL CONTAIN COMPLETE INFORMATION FOR
28 EACH LOCATION.
29 (C) BONDING REQUIRED.--
30 (1) BEFORE ISSUING A CERTIFICATE OF AUTHORIZATION, THE
19770H1171B3316 - 200 -
1 DEPARTMENT SHALL REQUIRE THE APPLICANT TO FURNISH AND
2 MAINTAIN A BOND INDEMNIFYING THE PUBLIC AND THE DEPARTMENT IN
3 THE AMOUNT OF $10,000.
4 (2) AN INDIVIDUAL BOND FOR EACH PLACE OF BUSINESS IS NOT
5 REQUIRED, BUT ALL PLACES OF BUSINESS SHALL BE COVERED BY THE
6 BOND.
7 (D) DURATION AND RENEWAL.--CERTIFICATES OF AUTHORIZATION
8 SHALL BE ISSUED FOR A PERIOD OF ONE YEAR AND SHALL BE SUBJECT TO
9 ANNUAL RENEWAL.
10 § 7304. REPORTS TO DEPARTMENT OF POSSESSION OF ABANDONED
11 VEHICLES.
12 [ANY] UNLESS THE OWNER OR REGISTRANT HAS REVEALED THEIR
13 IDENTITY TO THE SALVOR OR TOWER, ANY SALVOR [TAKING] OR TOWER IN
14 POSSESSION OF AN ABANDONED VEHICLE [PURSUANT TO SECTION 7301(C)
15 (RELATING TO AUTHORIZATION OF SALVORS)] SHALL WITHIN 48 HOURS
16 [AFTER TAKING POSSESSION] REPORT TO THE DEPARTMENT THE MAKE,
17 MODEL, VEHICLE IDENTIFICATION NUMBER AND REGISTRATION PLATE
18 NUMBER OF THE ABANDONED VEHICLE, AND THE NAME AND ADDRESS OF THE
19 OWNER OR PERSON WHO ABANDONED THE VEHICLE, IF KNOWN, TOGETHER
20 WITH ANY OTHER INFORMATION OR DOCUMENTS WHICH THE DEPARTMENT MAY
21 BY REGULATION REQUIRE. THE REPORT SHALL INCLUDE A STATEMENT
22 WHETHER THE VEHICLE IS VALUELESS EXCEPT FOR [JUNK] SALVAGE.
23 WHERE THE REPORT INDICATES THE VEHICLE IS VALUELESS EXCEPT FOR
24 [JUNK] SALVAGE, THE SALVOR SHALL INCLUDE A PHOTOGRAPH OF THE
25 VEHICLE TO BE PREPARED IN A MANNER PRESCRIBED BY THE DEPARTMENT.
26 A REPORT BY A SALVOR THAT A VEHICLE IS VALUELESS EXCEPT FOR
27 [JUNK] SALVAGE SHALL BE VERIFIED BY THE POLICE DEPARTMENT WHICH
28 AUTHORIZED TRANSFER OF THE VEHICLE TO THE SALVOR.
29 § 7305. NOTICE TO OWNER AND LIENHOLDERS OF ABANDONED VEHICLES.
30 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SECTION 7309
19770H1171B3316 - 201 -
1 (RELATING TO JUNKING OF VEHICLES VALUELESS EXCEPT FOR [JUNK]
2 SALVAGE), THE DEPARTMENT, UPON RECEIPT OF NOTICE THAT AN
3 ABANDONED VEHICLE HAS BEEN TAKEN INTO POSSESSION PURSUANT TO
4 THIS CHAPTER, SHALL NOTIFY BY CERTIFIED MAIL, RETURN RECEIPT
5 REQUESTED, THE LAST KNOWN REGISTERED OWNER OF THE VEHICLE AND
6 ALL LIENHOLDERS OF RECORD THAT THE VEHICLE IS ABANDONED.
7 (B) CONTENTS OF NOTICE.--THE NOTICE SHALL:
8 (1) DESCRIBE THE MAKE, MODEL, TITLE NUMBER, VEHICLE
9 IDENTIFICATION NUMBER AND REGISTRATION PLATE NUMBER OF THE
10 ABANDONED VEHICLE, IF KNOWN.
11 (2) STATE THE LOCATION WHERE THE VEHICLE IS BEING HELD.
12 (3) INFORM THE OWNER AND ANY LIENHOLDERS OF THEIR RIGHT
13 TO RECLAIM THE VEHICLE WITHIN 30 DAYS AFTER THE DATE OF THE
14 NOTICE AT THE PLACE WHERE THE VEHICLE IS BEING HELD BY THE
15 SALVOR OR TOWER, UPON PAYMENT OF ALL TOWING AND STORAGE
16 CHARGES AND THE FEE AUTHORIZED IN SECTION 7306 (RELATING TO
17 PAYMENT OF COSTS UPON RECLAIMING VEHICLE).
18 (4) STATE THAT THE FAILURE OF THE OWNER OR LIENHOLDER TO
19 RECLAIM THE VEHICLE IS DEEMED CONSENT BY THE OWNER TO THE
20 DESTRUCTION, SALE OR OTHER DISPOSITION OF THE ABANDONED
21 VEHICLE AND OF ALL LIENHOLDERS TO DISSOLUTION OF THEIR LIENS.
22 (C) NOTICE BY PUBLICATION.--IF THE IDENTITY OF THE LAST
23 REGISTERED OWNER AND OF ALL LIENHOLDERS CANNOT BE DETERMINED
24 WITH REASONABLE CERTAINTY, THE CONTENTS OF THE NOTICE SET FORTH
25 IN SUBSECTION (B) SHALL BE PUBLISHED ONE TIME IN ONE NEWSPAPER
26 OF GENERAL CIRCULATION IN THE AREA WHERE THE VEHICLE WAS
27 ABANDONED. THE NOTICE MAY CONTAIN MULTIPLE LISTINGS OF ABANDONED
28 VEHICLES. NOTICE BY PUBLICATION LOCALLY SHALL BE THE
29 RESPONSIBILITY OF THE SALVOR. THE NOTICE SHALL HAVE THE SAME
30 EFFECT AS NOTICE SENT BY CERTIFIED MAIL.
19770H1171B3316 - 202 -
1 § 7306. Payment of costs upon reclaiming vehicle.
2 In the event the owner or lienholder of an abandoned vehicle
3 reclaims the vehicle, the reclaiming party shall pay the costs
4 for towing and storage, plus a fee of [$25 of which $10] $15
5 which shall be transmitted to the department by the salvor OR <--
6 TOWER.
7 § 7308. PUBLIC SALE OF UNCLAIMED VEHICLES WITH VALUE. <--
8 (A) GENERAL RULE.--IF AN ABANDONED VEHICLE HAVING VALUE HAS
9 NOT BEEN RECLAIMED AS PROVIDED IN THIS CHAPTER, THE VEHICLE
10 SHALL BE SOLD AT A PUBLIC AUCTION.
11 (B) TITLE OF PURCHASER.--THE SALVOR OR TOWER SHALL GIVE THE
12 PURCHASER A SALES RECEIPT AND THE PURCHASER SHALL APPLY TO THE
13 DEPARTMENT FOR A TITLE WHICH SHALL BE FREE AND CLEAR OF ALL
14 PREVIOUS LIENS AND CLAIMS OF OWNERSHIP.
15 (C) DISPOSITION OF PROCEEDS.--FROM THE PROCEEDS OF THE SALE
16 OF THE ABANDONED VEHICLE, THE SALVOR OR TOWER SHALL BE
17 REIMBURSED FOR THE COSTS OF TOWING, STORAGE, NOTICE AND
18 PUBLICATION COSTS AND EXPENSES OF AUCTION. THE REMAINDER OF THE
19 PROCEEDS OF A SALE SHALL BE HELD FOR THE OWNER OF THE VEHICLE OR
20 RECORD LIENHOLDER FOR 60 DAYS FROM THE DATE OF SALE AND IF NOT
21 PROPERLY CLAIMED SHALL THEN BE PAID TO THE DEPARTMENT AND
22 TRANSMITTED TO THE STATE TREASURER FOR DEPOSIT IN THE MOTOR
23 LICENSE FUND.
24 § 7309. Junking of vehicles valueless except for [junk] <--
25 SALVAGE. <--
26 * * * <--
27 (A) APPLICATION FOR [CERTIFICATE OF JUNK] VEHICLE SALVAGE <--
28 AUTHORIZATION.--IF AN ABANDONED VEHICLE IS VALUELESS EXCEPT FOR
29 [JUNK] SALVAGE, THE SALVOR SHALL NOTE THAT FACT IN THE REPORT TO
30 THE DEPARTMENT REQUIRED IN SECTION 7304 (RELATING TO REPORTS TO
19770H1171B3316 - 203 -
1 DEPARTMENT OF POSSESSION OF ABANDONED VEHICLES) AND SHALL APPLY
2 FOR ISSUANCE OF A [CERTIFICATE OF JUNK] VEHICLE SALVAGE
3 AUTHORIZATION AS PROVIDED FOR IN SECTION 1117 (RELATING TO
4 VEHICLE DESTROYED OR [JUNKED] SALVAGED).
5 (B) NOTICE AND ISSUANCE OF CERTIFICATE.--IF THE IDENTITY OF
6 THE LAST REGISTERED OWNER CANNOT BE DETERMINED WITH REASONABLE
7 CERTAINTY AND IT IS IMPOSSIBLE TO DETERMINE WITH REASONABLE
8 CERTAINTY THE IDENTITY AND ADDRESSES OF ANY LIENHOLDER, NO
9 NOTICE SHALL BE REQUIRED. UNDER SUCH CIRCUMSTANCES, THE
10 DEPARTMENT SHALL UPON RECEIPT OF THE REPORT BY THE SALVOR
11 PURSUANT TO SECTION 7304 ISSUE A [CERTIFICATE OF JUNK] VEHICLE
12 SALVAGE AUTHORIZATION AS PROVIDED IN SECTION 1117.
13 (c) Reimbursement of expenses of salvor OR TOWER.--Upon <--
14 receipt within six months of evidence that a salvor OR TOWER has <--
15 removed an abandoned vehicle WHICH IS VALUELESS EXCEPT FOR <--
16 SALVAGE upon the request of a police department and applied for
17 a certificate of junk for such AUTHORIZATION TO SALVAGE THE <--
18 vehicle, the department shall pay to the salvor OR TOWER from <--
19 the Motor License Fund the sum of $15 for the expenses incurred
20 in the removal and towing of the abandoned vehicle. No portion
21 of the $15 payment or any separate consideration shall be
22 reimbursed or paid to any government agency or municipalities by
23 the salvor OR TOWER. <--
24 * * * <--
25 (D) RIGHTS OF OWNERS AND LIENHOLDERS.--ISSUANCE BY THE <--
26 DEPARTMENT OF A [CERTIFICATE OF JUNK] VEHICLE SALVAGE
27 AUTHORIZATION FOR A VEHICLE [JUNKED] SALVAGED UNDER THIS SECTION
28 SHALL OPERATE AS A DIVESTITURE OF ALL RIGHT, TITLE AND INTEREST
29 IN THE VEHICLE OF THE OWNER AND ALL LIENHOLDERS.
30 § 7312. PENALTY FOR VIOLATION OF CHAPTER.
19770H1171B3316 - 204 -
1 (A) FINES AND IMPRISONMENT.--ANY PERSON VIOLATING ANY OF THE
2 PROVISIONS OF THIS CHAPTER IS GUILTY OF A SUMMARY OFFENSE,
3 PUNISHABLE:
4 (1) FOR A FIRST OFFENSE, BY A FINE OF $100.
5 (2) FOR A SUBSEQUENT OFFENSE, BY A FINE OF NOT LESS THAN
6 $200 NOR MORE THAN $500 OR IMPRISONMENT FOR NOT MORE THAN 90
7 DAYS, OR BOTH.
8 (B) SUSPENSION.--FOR VIOLATION OF ANY OF THE PROVISIONS OF
9 THIS CHAPTER, THE SALVOR OR TOWER SHALL BE SUBJECT TO SUSPENSION
10 OF THE PRIVILEGE TO RECEIVE ABANDONED VEHICLES UNDER THIS
11 CHAPTER.
12 § 7502. Certificate of authorization.
13 * * *
14 (c) Bond required.--[Before issuing a certificate of <--
15 authorization, the department shall require the applicant to
16 furnish] EVERY MESSENGER SERVICE SHALL PROVIDE and maintain a <--
17 bond indemnifying the public and the department in the amount of
18 [$50,000] 25,000. An individual bond for each place of business <--
19 is not required, but all places of business shall be covered by
20 the bond.
21 * * *
22 (E) DURATION AND RENEWAL.--CERTIFICATES OF AUTHORIZATION <--
23 SHALL BE [GIVEN] ISSUED FOR A PERIOD OF ONE YEAR AND MAY BE
24 RENEWED ANNUALLY.
25 § 7505. TRANSACTION OF BUSINESS WITH DEPARTMENT.
26 THE DEPARTMENT [MAY] SHALL DESIGNATE THOSE LOCATIONS IN
27 HARRISBURG, PITTSBURGH AND PHILADELPHIA AND THOSE FACILITIES AND
28 HOURS OF OPERATION AT WHICH MESSENGER SERVICES [MAY] SHALL BE
29 AUTHORIZED TO TRANSACT BUSINESS WITH THE DEPARTMENT. EVERY
30 MESSENGER SERVICE TO WHOM A CERTIFICATE OF AUTHORIZATION HAS
19770H1171B3316 - 205 -
1 BEEN ISSUED PURSUANT TO THIS CHAPTER SHALL BE PERMITTED TO
2 TRANSACT BUSINESS WITH THE DEPARTMENT AT THE LOCATIONS AND
3 FACILITIES AND DURING THE HOURS OF OPERATION DESIGNATED BY THE
4 DEPARTMENT. THE DEPARTMENT MAY PRESCRIBE SUCH REGULATIONS AS MAY
5 BE NECESSARY FOR THE ADMINISTRATION OF THIS CHAPTER.
6 CHAPTER 77
7 SNOWMOBILES AND OFF-ROAD VEHICLES
8 * * *
9 § 7701. SHORT TITLE OF CHAPTER.
10 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE
11 "SNOWMOBILE AND OFF-ROAD VEHICLE LAW."
12 § 7702. DEFINITIONS.
13 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
14 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
15 MEANINGS GIVEN TO THEM IN THIS SECTION:
16 * * *
17 "OFF-ROAD VEHICLE."
18 (1) A MOTOR VEHICLE DESIGNED FOR OR CAPABLE OF CROSS-
19 COUNTRY TRAVEL ON OR IMMEDIATELY OVER LAND, WATER, SAND,
20 SNOW, ICE, MARSH, SWAMPLAND OR OTHER NATURAL TERRAIN,
21 INCLUDING, BUT NOT LIMITED TO, MULTIWHEEL DRIVE VEHICLES, LOW
22 PRESSURE TIRED VEHICLES; VEHICLES USING AN ENDLESS BELT TREAD
23 OR TREADS, VEHICLES USING A COMBINATION OF TREAD AND LOW
24 PRESSURE TIRES, AMPHIBIOUS VEHICLES AND GROUND EFFECT OR AIR
25 CUSHION VEHICLES.
26 (2) THE TERM DOES NOT INCLUDE:
27 (I) A SNOWMOBILE.
28 (II) A MILITARY, FIRE, EMERGENCY OR LAW ENFORCEMENT
29 VEHICLE WHEN USED FOR EMERGENCY PURPOSES.
30 (III) A VEHICLE OWNED AND OPERATED BY THE
19770H1171B3316 - 206 -
1 DEPARTMENT.
2 (IV) A MOTORCYCLE, A MOTOR-DRIVEN CYCLE OR A
3 MOTORIZED PEDALCYCLE.
4 * * *
5 § 7703. Applicability of chapter.
6 (a) Vehicle regulation generally.--Unless the context
7 clearly indicates otherwise, the other provisions of this title
8 do not apply to this chapter.
9 (b) Law enforcement officers.--This chapter does not apply
10 to law enforcement officers while engaged in the performance of
11 their official duties.
12 § 7706. RESTRICTED RECEIPTS FUND. <--
13 (A) DEPOSIT AND USE OF MONEYS.--THE DEPARTMENT SHALL DEPOSIT
14 ALL MONEYS RECEIVED FROM THE REGISTRATION OF SNOWMOBILES OR OFF-
15 ROAD VEHICLES, THE SALE OF SNOWMOBILE OR OFF-ROAD VEHICLE
16 REGISTRATION INFORMATION, SNOWMOBILE OR OFF-ROAD VEHICLE
17 PUBLICATIONS AND OTHER SERVICES PROVIDED BY THE DEPARTMENT, ALL
18 FINES AND PENALTIES RESULTING FROM VIOLATIONS OF THIS CHAPTER,
19 AND ALL FEES COLLECTED UNDER THIS CHAPTER IN A RESTRICTED
20 RECEIPTS FUND, FROM WHICH THE DEPARTMENT SHALL DRAW MONEYS FOR
21 USE IN CARRYING OUT THE REGISTRATION, SAFETY EDUCATION AND
22 ENFORCEMENT REQUIREMENTS OF THIS CHAPTER AS WELL AS THE
23 ESTABLISHMENT, CONSTRUCTION AND MAINTENANCE OF TRAILS AND ANY
24 EQUIPMENT AND SUPPLIES NECESSARY TO CARRY OUT THE PURPOSES OF
25 THIS CHAPTER.
26 (B) AUDIT AND LAPSE OF MONEYS.--THE RESTRICTED RECEIPTS FUND
27 SHALL BE AUDITED EVERY TWO YEARS WITH ANY RESIDUE APPEARING IN
28 THE FUND AT THE END OF EACH AUDITING PERIOD TO BE DEPOSITED IN
29 THE GENERAL FUND.
30 § 7711. REGISTRATION OF DEALERS.
19770H1171B3316 - 207 -
1 ANY PERSON WHO IS IN THE BUSINESS OF SELLING SNOWMOBILES OR
2 OFF-ROAD VEHICLES SHALL REGISTER AS A DEALER. THE DEPARTMENT,
3 UPON RECEIPT OF APPLICATION AND THE REQUIRED FEE, SHALL ASSIGN A
4 DISTINGUISHING DEALER REGISTRATION NUMBER TO THE REGISTRANT AND
5 ISSUE APPROPRIATE REGISTRATION CERTIFICATE TO HIM. DEALER
6 REGISTRATIONS ARE NOT TRANSFERABLE.
7 § 7712. REGISTRATION OF SNOWMOBILES OR OFF-ROAD VEHICLES.
8 (A) GENERAL RULE.--UPON APPLICATION THEREFOR UPON A FORM
9 PRESCRIBED AND FURNISHED BY THE DEPARTMENT WHICH SHALL CONTAIN A
10 FULL DESCRIPTION OF THE SNOWMOBILE OR THE OFF-ROAD VEHICLE, THE
11 ACTUAL AND BONA FIDE NAME AND ADDRESS OF THE OWNER, PROOF OF
12 OWNERSHIP AND ANY OTHER INFORMATION THE DEPARTMENT MAY
13 REASONABLY REQUIRE, AND WHICH SHALL BE ACCOMPANIED BY THE
14 REQUIRED FEE, THE DEPARTMENT SHALL ISSUE A CERTIFICATE OF
15 REGISTRATION OF A SNOWMOBILE OR AN OFF-ROAD VEHICLE AND A DECAL
16 SHOWING THE EXPIRATION DATE TO THE OWNER.
17 (B) TEMPORARY REGISTRATION.--TEMPORARY REGISTRATION FOR A
18 PERIOD NOT TO EXCEED 45 DAYS MAY BE ISSUED BY A REGISTERED
19 DEALER PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE
20 DEPARTMENT.
21 (C) FEES.--FEES FOR REGISTRATION OF SNOWMOBILES OR OFF-ROAD
22 VEHICLES TO BE COLLECTED BY THE DEPARTMENT UNDER THIS CHAPTER
23 ARE AS FOLLOWS:
24 (1) EACH INDIVIDUAL RESIDENT REGISTRATION FOR TWO YEARS,
25 $10.
26 (2) EACH INDIVIDUAL NONRESIDENT REGISTRATION FOR TWO
27 YEARS, $10.
28 (3) EACH DEALER REGISTRATION FOR ONE YEAR, $25.
29 (4) REPLACEMENT OF A LOST, MUTILATED OR DESTROYED
30 CERTIFICATE OR DECAL, $1.
19770H1171B3316 - 208 -
1 (D) EXEMPTIONS FROM FEES.--NO FEE IS REQUIRED FOR THE
2 REGISTRATION OF SNOWMOBILES OR OFF-ROAD VEHICLES OWNED BY:
3 (1) THE COMMONWEALTH.
4 (2) POLITICAL SUBDIVISIONS.
5 (3) VOLUNTEER ORGANIZATIONS AND USED EXCLUSIVELY FOR
6 EMERGENCY PURPOSES.
7 § 7713. CERTIFICATES OF REGISTRATION AND DECALS.
8 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
9 CHAPTER, IT IS UNLAWFUL TO OPERATE A SNOWMOBILE OR AN OFF-ROAD
10 VEHICLE UNLESS A CERTIFICATE OF REGISTRATION HAS BEEN ISSUED
11 THEREFOR AND UNLESS THERE IS DISPLAYED THEREON THE PERMANENT OR
12 TEMPORARY REGISTRATION NUMBER AND A VALID DECAL.
13 (B) REGISTRATION NUMBER REQUIREMENTS.--NUMBERS CORRESPONDING
14 TO THE PERMANENT REGISTRATION NUMBER OF THE SNOWMOBILE OR THE
15 OFF-ROAD VEHICLE, SHOWN ON THE CERTIFICATE OF REGISTRATION,
16 SHALL BE OBTAINED BY THE APPLICANT AND AFFIXED TO THE SNOWMOBILE
17 OR THE OFF-ROAD VEHICLE. THE PERMANENT REGISTRATION NUMBER
18 DISPLAYED ON THE SNOWMOBILE OR THE OFF-ROAD VEHICLE SHALL BE OF
19 A COLOR WHICH WILL CONTRAST WITH THE SURFACE TO WHICH APPLIED,
20 SHALL BE REFLECTIVE AND SHALL BE AT LEAST THREE INCHES HIGH.
21 (C) DISPLAY OF NUMBER AND DECAL.--THE DECAL AND THE
22 PERMANENT REGISTRATION NUMBER SHALL BE DISPLAYED ON BOTH SIDES
23 OF THE COWLING OF THE SNOWMOBILE FOR WHICH ISSUED. NO NUMBER
24 OTHER THAN THE NUMBER ASSIGNED TO A SNOWMOBILE BY THE DEPARTMENT
25 OR THE IDENTIFICATION NUMBER OF THE REGISTRATION IN ANOTHER
26 STATE SHALL BE ATTACHED TO OR DISPLAYED ON THE COWLING. THE
27 LOCATION OF THE DECAL AND THE DISPLAY OF THE PERMANENT
28 REGISTRATION NUMBER FOR ANY OFF-ROAD VEHICLE SHALL BE DETERMINED
29 BY REGULATION OF THE DEPARTMENT.
30 (D) EXPIRATION ON TRANSFER.--THE CERTIFICATE OF REGISTRATION
19770H1171B3316 - 209 -
1 ISSUED FOR A SNOWMOBILE OR AN OFF-ROAD VEHICLE SHALL EXPIRE AND
2 THE DECAL SHALL BECOME INVALID WHEN TITLE TO THE SNOWMOBILE OR
3 AN OFF-ROAD VEHICLE IS TRANSFERRED.
4 (E) SUSPENSION OR REVOCATION.--THE DEPARTMENT MAY SUSPEND OR
5 REVOKE THE CERTIFICATION OF REGISTRATION FOR A SNOWMOBILE OR AN
6 OFF-ROAD VEHICLE UPON CONVICTION OF THE OWNER OF ANY OFFENSE
7 UNDER THIS CHAPTER.
8 § 7714. EXEMPTIONS FROM REGISTRATION.
9 NO CERTIFICATE OF REGISTRATION OR DECAL SHALL BE REQUIRED FOR
10 A SNOWMOBILE OR AN OFF-ROAD VEHICLE:
11 (1) OWNED AND USED BY THE UNITED STATES OR ANOTHER
12 STATE, OR A POLITICAL SUBDIVISION THEREOF, BUT SUCH
13 SNOWMOBILE SHALL DISPLAY THE NAME OF THE OWNER ON THE COWLING
14 THEREOF OR ON A HIGHLY VISIBLE PART OF THE OFF-ROAD VEHICLE.
15 (2) COVERED BY A VALID REGISTRATION OR LICENSE OF
16 ANOTHER STATE, PROVINCE OR COUNTRY.
17 (3) OWNED AND OPERATED ON LANDS OWNED BY THE OWNER OR
18 OPERATOR OF THE SNOWMOBILE OR OFF-ROAD VEHICLE OR ON LANDS TO
19 WHICH HE HAS A CONTRACTUAL RIGHT OTHER THAN AS A MEMBER OF A
20 CLUB OR ASSOCIATION, PROVIDED THE SNOWMOBILE OR OFF-ROAD
21 VEHICLE IS NOT OPERATED ELSEWHERE WITHIN THIS COMMONWEALTH.
22 § 7715. RECIPROCITY.
23 THE PROVISIONS OF THIS CHAPTER RELATING TO CERTIFICATES OF
24 REGISTRATION AND DECALS SHALL NOT APPLY TO NONRESIDENT OWNERS
25 WHO HAVE COMPLIED WITH THE REGISTRATION AND LICENSING LAWS OF
26 THE STATE, PROVINCE, DISTRICT OR COUNTRY OF RESIDENCE, PROVIDED
27 THAT THE SNOWMOBILE OR OFF-ROAD VEHICLE IS APPROPRIATELY
28 IDENTIFIED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
29 RESIDENCE.
30 § 7716. CENTRAL REGISTRATION FILE.
19770H1171B3316 - 210 -
1 THE DEPARTMENT SHALL MAINTAIN A CENTRAL FILE OF THE
2 CERTIFICATE OF REGISTRATION NUMBER, NAME AND ADDRESS OF THE
3 OWNER OF EACH SNOWMOBILE OR OFF-ROAD VEHICLE FOR WHICH A
4 CERTIFICATE OF REGISTRATION IS ISSUED AND SUCH INFORMATION SHALL
5 BE MADE AVAILABLE TO ALL ENFORCEMENT AGENCIES.
6 § 7721. OPERATION ON STREETS AND HIGHWAYS.
7 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
8 CHAPTER, IT IS UNLAWFUL TO OPERATE A SNOWMOBILE OR AN OFF-ROAD
9 VEHICLE ON ANY STREET OR HIGHWAY WHICH IS NOT DESIGNATED AND
10 POSTED AS A SNOWMOBILE OR AN OFF-ROAD VEHICLE ROAD BY THE
11 GOVERNMENTAL AGENCY HAVING JURISDICTION.
12 (B) EMERGENCY AND BRIDGE CROSSINGS.--A SNOWMOBILE OR AN OFF-
13 ROAD VEHICLE MAY BE OPERATED ON HIGHWAYS AND STREETS:
14 (1) DURING PERIODS OF EMERGENCY WHEN SO DECLARED BY A
15 POLICY AGENCY HAVING JURISDICTION.
16 (2) WHEN NECESSARY TO CROSS A BRIDGE OR CULVERT.
17 (C) CROSSING STREET OR HIGHWAY.--A SNOWMOBILE OR AN OFF-ROAD
18 VEHICLE MAY MAKE A DIRECT CROSSING OF A STREET OR TWO-LANE
19 HIGHWAY UPON COMPLIANCE WITH THE FOLLOWING REQUIREMENTS:
20 (1) THE CROSSING IS MADE AT AN ANGLE OF APPROXIMATELY 90
21 DEGREES TO THE DIRECTION OF THE HIGHWAY AND AT A PLACE WHERE
22 NO OBSTRUCTION PREVENTS A QUICK AND SAFE CROSSING.
23 (2) THE SNOWMOBILE OR OFF-ROAD VEHICLE IS BROUGHT TO A
24 COMPLETE STOP BEFORE CROSSING THE SHOULDER OR MAIN-TRAVELED
25 WAY OF THE HIGHWAY.
26 (3) THE DRIVER YIELDS THE RIGHT-OF-WAY TO ALL ONCOMING
27 TRAFFIC WHICH CONSTITUTES AN IMMEDIATE HAZARD.
28 (4) IN CROSSING A DIVIDED HIGHWAY, THE CROSSING IS MADE
29 ONLY AT AN INTERSECTION OF SUCH HIGHWAY WITH ANOTHER PUBLIC
30 STREET OR HIGHWAY.
19770H1171B3316 - 211 -
1 § 7722. DESIGNATION OF SNOWMOBILE OR OFF-ROAD VEHICLE ROADS.
2 (A) GENERAL RULE.--THE DEPARTMENT OF TRANSPORTATION ON
3 STATE-DESIGNATED HIGHWAYS AND LOCAL AUTHORITIES ON ANY HIGHWAY,
4 ROAD OR STREET WITHIN ITS JURISDICTION MAY DESIGNATE ANY
5 HIGHWAY, ROAD OR STREET WITHIN ITS JURISDICTION AS A SNOWMOBILE
6 OR AN OFF-ROAD VEHICLE ROAD AND MAY, IN ITS DISCRETION,
7 DETERMINE WHETHER SUCH ROAD SHALL BE CLOSED TO VEHICULAR TRAFFIC
8 OR WHETHER SNOWMOBILES OR OFF-ROAD VEHICLES MAY SHARE THIS
9 DESIGNATED ROAD WITH VEHICULAR TRAFFIC.
10 (B) POSTING NOTICES.--ADEQUATE NOTICES OF SUCH DESIGNATION
11 AND DETERMINATION SHALL BE SUFFICIENTLY AND PROMINENTLY
12 DISPLAYED.
13 § 7723. SPECIAL SNOWMOBILE OR OFF-ROAD VEHICLE EVENTS.
14 (A) GENERAL RULE.--SNOWMOBILES OR OFF-ROAD VEHICLES MAY BE
15 OPERATED ON HIGHWAYS AND STREETS FOR SPECIAL SNOWMOBILE OR OFF-
16 ROAD VEHICLE EVENTS OF LIMITED DURATION WHICH ARE CONDUCTED
17 ACCORDING TO A PREARRANGED SCHEDULE UNDER PERMIT FROM THE
18 GOVERNMENTAL AGENCY HAVING JURISDICTION.
19 (B) AUTHORITY OF LOCAL AUTHORITIES.--A LOCAL AUTHORITY MAY
20 BLOCK OFF HIGHWAYS AND STREETS WITHIN ITS JURISDICTION FOR THE
21 PURPOSE OF ALLOWING SNOWMOBILE OR OFF-ROAD VEHICLE RACES,
22 RALLIES OR DERBIES. NO STATE TRUNK HIGHWAY OR CONNECTING STREET,
23 OR PART THEREOF, SHALL BE BLOCKED OFF BY ANY LOCAL AUTHORITY FOR
24 ANY SNOWMOBILE OR OFF-ROAD VEHICLE RACE, RALLY OR DERBY.
25 (C) NOTIFICATION AND DUTY OF POLICE.--A LOCAL AUTHORITY
26 SHALL NOTIFY THE LOCAL POLICE DEPARTMENT AND THE COUNTY
27 SHERIFF'S OFFICE AT LEAST ONE WEEK IN ADVANCE OF THE TIME AND
28 PLACE OF ANY SNOWMOBILE OR OFF-ROAD VEHICLE RACE, RALLY OR DERBY
29 WHICH MAY RESULT IN ANY HIGHWAY OR STREET, OR PART THEREOF,
30 BEING BLOCKED OFF. UPON SUCH NOTICE, THE LOCAL POLICE DEPARTMENT
19770H1171B3316 - 212 -
1 SHALL TAKE SUCH MEASURES AS IT DEEMS APPROPRIATE TO PROTECT
2 PERSONS AND PROPERTY AND TO REGULATE TRAFFIC IN THE DESIGNATED
3 AREA AND ITS VICINITY ON THE DAY OF SUCH RACE, RALLY OR DERBY.
4 (D) LIABILITY OF LOCAL AUTHORITIES.--A LOCAL AUTHORITY SHALL
5 NOT BE RESPONSIBLE FOR ANY INJURY SUFFERED BY ANYONE IN
6 CONNECTION WITH, OR ARISING OUT OF, ANY SNOWMOBILE OR OFF-ROAD
7 VEHICLE RACE, RALLY OR DERBY UNLESS THE INJURY IS CAUSED BY THE
8 NEGLIGENCE OF THE LOCAL AUTHORITY.
9 § 7724. OPERATION ON PRIVATE OR STATE PROPERTY.
10 (A) PRIVATE PROPERTY.--NO PERSON SHALL OPERATE A SNOWMOBILE
11 OR AN OFF-ROAD VEHICLE ON PRIVATE PROPERTY WITHOUT THE CONSENT
12 OF THE OWNER OF OR LESSOR THEREOF. ANY PERSON OPERATING A
13 SNOWMOBILE OR AN OFF-ROAD VEHICLE UPON LANDS OF ANOTHER SHALL
14 STOP AND IDENTIFY HIMSELF UPON THE REQUEST OF THE LANDOWNER OR
15 HIS DULY AUTHORIZED REPRESENTATIVES AND, IF REQUESTED TO DO SO
16 BY THE LANDOWNER, SHALL PROMPTLY REMOVE THE SNOWMOBILE OR THE
17 OFF-ROAD VEHICLE FROM THE PREMISES.
18 (B) STATE PROPERTY.--NO PERSON SHALL OPERATE A SNOWMOBILE OR
19 AN OFF-ROAD VEHICLE ON STATE-OWNED PROPERTY EXCEPT ON CLEARLY
20 MARKED AND PREVIOUSLY DESIGNATED SNOWMOBILE OR OFF-ROAD VEHICLE
21 ROUTES. THE DEPARTMENT MAY DESIGNATE ANY ROAD WITHIN A STATE
22 PARK OR STATE FOREST OVER WHICH THE DEPARTMENT HAS JURISDICTION
23 AS A SNOWMOBILE OR OFF-ROAD VEHICLE ROAD AND MAY, IN ITS
24 DISCRETION, DETERMINE WHETHER THE ROAD SHALL BE CLOSED TO
25 VEHICULAR TRAFFIC OR WHETHER SNOWMOBILES OR OFF-ROAD VEHICLES
26 MAY SHARE THE DESIGNATED ROAD WITH VEHICULAR TRAFFIC. ADEQUATE
27 NOTICES OF SUCH DESIGNATION AND DETERMINATION SHALL BE
28 SUFFICIENTLY AND PROMINENTLY DISPLAYED.
29 § 7725. OPERATION BY PERSONS UNDER AGE SIXTEEN.
30 (A) SNOWMOBILE OR OFF-ROAD VEHICLE SAFETY CERTIFICATION.--
19770H1171B3316 - 213 -
1 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NO PERSON TEN
2 YEARS OF AGE AND OVER WHO HAS NOT REACHED 16 YEARS OF AGE SHALL
3 OPERATE A SNOWMOBILE OR AN OFF-ROAD VEHICLE IN THIS
4 COMMONWEALTH, EXCEPT UPON LANDS OF HIS PARENT OR GUARDIAN,
5 UNLESS AND UNTIL HE HAS RECEIVED SAFETY TRAINING AS PRESCRIBED
6 BY THE DEPARTMENT AND HAS RECEIVED THE APPROPRIATE SNOWMOBILE OR
7 OFF-ROAD VEHICLE SAFETY CERTIFICATE ISSUED BY THE DEPARTMENT.
8 THE DEPARTMENT MAY AUTHORIZE SANCTIONED SNOWMOBILE OR OFF-ROAD
9 VEHICLE CLUBS TO ACT AS AGENTS IN CONDUCTING CLASSES AND
10 EXAMINATIONS AND ISSUING SNOWMOBILE OR OFF-ROAD VEHICLE SAFETY
11 CERTIFICATES IN THE NAME OF THE DEPARTMENT.
12 (B) FAILURE TO EXHIBIT CERTIFICATE.--THE FAILURE OF AN
13 OPERATOR TO EXHIBIT A SNOWMOBILE OR OFF-ROAD VEHICLE SAFETY
14 CERTIFICATE UPON DEMAND TO ANY POLICE OFFICER HAVING AUTHORITY
15 TO ENFORCE THE PROVISIONS OF THIS CHAPTER SHALL BE PRESUMPTIVE
16 EVIDENCE THAT SUCH PERSON IS NOT THE HOLDER OF SUCH CERTIFICATE.
17 (C) PERMITTING UNAUTHORIZED OPERATION.--NO OWNER OF A
18 SNOWMOBILE OR OFF-ROAD VEHICLE SHALL AUTHORIZE OR PERMIT THE
19 OPERATION THEREOF WITHIN THIS COMMONWEALTH BY ANY PERSON UNDER
20 THE AGE OF 16 YEARS UNLESS THE OPERATOR IS THE HOLDER OF A VALID
21 SNOWMOBILE OR OFF-ROAD VEHICLE SAFETY CERTIFICATE OR EXCEPT AS
22 AUTHORIZED BY SUBSECTION (A).
23 (D) LIMITATIONS ON OPERATION.--NO PERSON:
24 (1) UNDER THE AGE OF 16 YEARS SHALL DRIVE A SNOWMOBILE
25 OR OFF-ROAD VEHICLE ACROSS ANY HIGHWAY OR CONNECTING STREET
26 THERETO.
27 (2) UNDER THE AGE OF TEN YEARS SHALL OPERATE A
28 SNOWMOBILE OR AN OFF-ROAD VEHICLE WITHOUT THE KNOWLEDGE AND
29 EXPRESS CONSENT OF THE LANDOWNER UNLESS HE IS ACCOMPANIED BY
30 A PERSON OVER 18 YEARS OF AGE OR A PERSON OVER 14 YEARS OF
19770H1171B3316 - 214 -
1 AGE WHO HOLDS A SNOWMOBILE OR AN OFF-ROAD VEHICLE SAFETY
2 CERTIFICATE.
3 § 7726. OPERATION IN SAFE MANNER.
4 (A) GENERAL RULE.--NO PERSON SHALL OPERATE A SNOWMOBILE OR
5 AN OFF-ROAD VEHICLE IN ANY OF THE FOLLOWING WAYS:
6 (1) AT A RATE OF SPEED THAT IS UNREASONABLE OR IMPROPER
7 UNDER EXISTING CONDITIONS.
8 (2) IN ANY CARELESS WAY SO AS TO ENDANGER THE PERSON OR
9 PROPERTY OF ANOTHER.
10 (3) WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANY
11 CONTROLLED SUBSTANCE.
12 (B) PERMITTING UNSAFE OPERATION.--NO OWNER OR OTHER PERSON
13 HAVING CHARGE OR CONTROL OF A SNOWMOBILE OR AN OFF-ROAD VEHICLE
14 SHALL KNOWINGLY AUTHORIZE OR PERMIT THE OPERATION OF THE
15 SNOWMOBILE OR THE OFF-ROAD VEHICLE BY ANY PERSON WHO IS
16 INCAPABLE TO DO SO BY REASON OF AGE, PHYSICAL OR MENTAL
17 DISABILITY, OR WHO IS UNDER THE INFLUENCE OF ALCOHOL OR ANY
18 CONTROLLED SUBSTANCE.
19 § 7727. ADDITIONAL LIMITATIONS ON OPERATION.
20 EXCEPT AS OTHERWISE PERMITTED UNDER THE ACT OF JUNE 3, 1937
21 (P.L.1225, NO.316), KNOWN AS "THE GAME LAW," NO PERSON SHALL:
22 (1) OPERATE OR RIDE IN ANY SNOWMOBILE OR ANY OFF-ROAD
23 VEHICLE WITH ANY BOW AND ARROWS OR WITH ANY FIREARM IN HIS
24 POSSESSION UNLESS IT IS UNLOADED.
25 (2) DRIVE OR PURSUE ANY WILDLIFE WITH A SNOWMOBILE OR AN
26 OFF-ROAD VEHICLE.
27 § 7728. ACCIDENTS AND ACCIDENT REPORTS.
28 (A) DUTY TO STOP AND PROVIDE INFORMATION.--WHENEVER ANY
29 SNOWMOBILE OR ANY OFF-ROAD VEHICLE IS INVOLVED IN AN ACCIDENT
30 RESULTING IN LOSS OF LIFE, PERSONAL INJURY OR DAMAGE TO PROPERTY
19770H1171B3316 - 215 -
1 AND THE OPERATOR THEREOF HAS KNOWLEDGE OF SUCH ACCIDENT, HE
2 SHALL STOP AND GIVE HIS NAME AND ADDRESS, THE NAME AND ADDRESS
3 OF THE OWNER THEREOF AND THE REGISTRATION NUMBER OF THE
4 SNOWMOBILE OR THE OFF-ROAD VEHICLE TO THE INJURED PERSON OR THE
5 PERSON SUSTAINING THE DAMAGE OR TO A POLICE OFFICER. IN CASE NO
6 POLICE OFFICER NOR THE PERSON SUSTAINING THE DAMAGE IS PRESENT
7 AT THE PLACE WHERE THE DAMAGE OCCURRED, THEN THE OPERATOR SHALL
8 IMMEDIATELY REPORT, AS SOON AS HE IS PHYSICALLY ABLE, THE
9 ACCIDENT TO THE NEAREST LAW ENFORCEMENT AGENCY.
10 (B) REPORT OF ACCIDENT TO DEPARTMENT.--THE OPERATOR OF ANY
11 SNOWMOBILE OR ANY OFF-ROAD VEHICLE INVOLVED IN ANY ACCIDENT
12 RESULTING IN INJURIES TO OR DEATH OF ANY PERSON OR RESULTING IN
13 PROPERTY DAMAGE TO THE ESTIMATED AMOUNT OF $100 OR MORE SHALL,
14 WITHIN SEVEN DAYS AFTER SUCH ACCIDENT, REPORT THE MATTER IN
15 WRITING TO THE DEPARTMENT. IF THE OPERATOR IS PHYSICALLY
16 INCAPABLE OF MAKING THE REPORT AND THERE IS ANOTHER PARTICIPANT
17 IN THE ACCIDENT NOT SO INCAPACITATED, THE PARTICIPANT SHALL MAKE
18 THE REPORT WITHIN THE PRESCRIBED PERIOD OF TIME AFTER THE
19 ACCIDENT. IN THE EVENT THAT THERE IS NO OTHER PARTICIPANT AND
20 THE OPERATOR IS OTHER THAN THE OWNER, THEN THE OWNER SHALL
21 WITHIN THE PRESCRIBED PERIOD OF TIME, AFTER LEARNING OF THE
22 FACTS OF SUCH ACCIDENT, REPORT THE MATTER TO THE DEPARTMENT,
23 TOGETHER WITH SUCH INFORMATION AS MAY HAVE COME TO HIS KNOWLEDGE
24 RELATING TO SUCH ACCIDENT. EVERY OPERATOR OR OWNER OF A
25 SNOWMOBILE OR AN OFF-ROAD VEHICLE IN AN ACCIDENT, OR SURVIVING
26 PARTICIPANT OF ANY SUCH ACCIDENT, SHALL MAKE SUCH OTHER AND
27 ADDITIONAL REPORTS AS THE DEPARTMENT SHALL REQUIRE.
28 (C) REPORT BY LAW ENFORCEMENT OFFICER.--A LAW ENFORCEMENT
29 OFFICER WHO INVESTIGATES OR RECEIVES INFORMATION OF AN ACCIDENT
30 INVOLVING A SNOWMOBILE OR AN OFF-ROAD VEHICLE SHALL MAKE A
19770H1171B3316 - 216 -
1 WRITTEN REPORT OF THE INVESTIGATION OR INFORMATION RECEIVED, AND
2 SUCH ADDITIONAL FACTS RELATING TO THE ACCIDENT AS MAY COME TO
3 HIS KNOWLEDGE, AND MAIL THE SAME WITHIN 48 HOURS TO THE
4 DEPARTMENT AND KEEP A RECORD THEREOF IN HIS OFFICE.
5 (D) EXCEPTION.--THIS SECTION DOES NOT APPLY WHEN PROPERTY
6 DAMAGE IS SUSTAINED IN SANCTIONED SNOWMOBILE OR OFF-ROAD VEHICLE
7 RACES, DERBIES AND RALLIES.
8 § 7729. LIABILITY OF OWNER FOR NEGLIGENCE.
9 (A) GENERAL RULE.--NEGLIGENCE IN THE USE OR OPERATION OF A
10 SNOWMOBILE OR AN OFF-ROAD VEHICLE IS ATTRIBUTABLE TO THE OWNER.
11 EVERY OWNER OF A SNOWMOBILE OR AN OFF-ROAD VEHICLE USED OR
12 OPERATED IN THIS COMMONWEALTH SHALL BE LIABLE AND RESPONSIBLE
13 FOR DEATH OR INJURY TO PERSON OR DAMAGE TO PROPERTY RESULTING
14 FROM NEGLIGENCE IN THE USE OR OPERATION OF SUCH SNOWMOBILE OR
15 OFF-ROAD VEHICLE BY ANY PERSON USING OR OPERATING THE SNOWMOBILE
16 OR THE OFF-ROAD VEHICLE WITH THE PERMISSION, EXPRESS OR IMPLIED,
17 OF SUCH OWNER.
18 (B) EXCEPTION.--THE NEGLIGENCE OF THE OPERATOR SHALL NOT BE
19 ATTRIBUTED TO THE OWNER AS TO ANY CLAIM OR CAUSE OF ACTION
20 ACCRUING TO THE OPERATOR OR HIS LEGAL REPRESENTATIVE FOR SUCH
21 INJURIES OR DEATH.
22 § 7741. HEAD LAMPS AND TAIL LAMPS.
23 (A) TIME OF OPERATION.--EVERY SNOWMOBILE OR OFF-ROAD VEHICLE
24 OPERATED DURING HOURS OF DARKNESS SHALL DISPLAY A LIGHTED HEAD
25 LAMP AND TAIL LAMP. THE LIGHTS SHALL BE IN OPERATION DURING THE
26 PERIOD OF FROM ONE-HALF HOUR AFTER SUNSET TO ONE-HALF HOUR
27 BEFORE SUNRISE AND AT ANY TIME WHEN, DUE TO INSUFFICIENT LIGHT
28 OR UNFAVORABLE ATMOSPHERIC CONDITIONS CAUSED BY FOG OR
29 OTHERWISE, OTHER PERSONS, VEHICLES AND OTHER OBJECTS ARE NOT
30 CLEARLY DISCERNIBLE FOR A DISTANCE OF 500 FEET AHEAD.
19770H1171B3316 - 217 -
1 (B) HEAD LAMP REQUIREMENTS.--THE HEAD LAMP SHALL DISPLAY
2 WHITE LIGHT OF SUFFICIENT ILLUMINATING POWER TO REVEAL ANY
3 PERSON, VEHICLE OR SUBSTANTIAL OBJECT AT A DISTANCE OF 100 FEET
4 AHEAD.
5 (1) IF THE SNOWMOBILE OR THE OFF-ROAD VEHICLE IS
6 EQUIPPED WITH A MULTIPLE BEAM HEAD LAMP, THE UPPER BEAM SHALL
7 MEET THE MINIMUM REQUIREMENTS SET FORTH IN THIS SECTION AND
8 THE LOWERMOST BEAM SHALL BE SO AIMED AND OF SUFFICIENT
9 INTENSITY TO REVEAL PERSONS AND VEHICLES AT A DISTANCE OF AT
10 LEAST 50 FEET AHEAD.
11 (2) IF THE SNOWMOBILE OR THE OFF-ROAD VEHICLE IS
12 EQUIPPED WITH A SINGLE BEAM HEAD LAMP, THE LAMP SHALL BE SO
13 AIMED THAT WHEN THE VEHICLE IS LOADED NONE OF THE HIGH
14 INTENSITY PORTION OF THE LIGHT, AT A DISTANCE OF 75 FEET
15 AHEAD, PROJECTS HIGHER THAN THE LEVEL OF THE CENTER OF THE
16 LAMP FROM WHICH IT COMES.
17 (C) TAIL LAMP REQUIREMENTS.--THE TAIL LAMP SHALL DISPLAY A
18 RED LIGHT PLAINLY VISIBLE DURING DARKNESS FROM A DISTANCE OF 500
19 FEET.
20 § 7742. BRAKES.
21 IT IS UNLAWFUL TO OPERATE A SNOWMOBILE OR AN OFF-ROAD VEHICLE
22 WHICH IS NOT EQUIPPED WITH AT LEAST ONE BRAKE OF A DESIGN
23 APPROVED BY THE DEPARTMENT OPERATED EITHER BY HAND OR BY FOOT.
24 SNOWMOBILE BRAKES SHALL BE CAPABLE OF BRINGING THE SNOWMOBILE TO
25 A STOP, UNDER NORMAL CONDITIONS, WITHIN 40 FEET WHEN TRAVELING
26 AT A SPEED OF 20 MILES PER HOUR WITH A 150 POUND DRIVER AND ON
27 HARD PACKED SNOW, OR LOCKING ITS TRACTION BELT OR BELTS. THE
28 DESIGN SHALL PERMIT SIMPLE AND EASY ADJUSTMENT TO COMPENSATE FOR
29 WEAR.
30 § 7743. MUFFLERS AND NOISE CONTROL.
19770H1171B3316 - 218 -
1 (A) GENERAL RULE.--IT IS UNLAWFUL TO OPERATE A SNOWMOBILE OR
2 AN OFF-ROAD VEHICLE WHICH IS NOT EQUIPPED AT ALL TIMES WITH A
3 MUFFLER IN GOOD WORKING ORDER WHICH BLENDS THE EXHAUST NOISE
4 INTO THE OVERALL SNOWMOBILE OR OFF-ROAD VEHICLE NOISE AND IS IN
5 CONSTANT OPERATION TO PREVENT EXCESSIVE OR UNUSUAL NOISE. THE
6 EXHAUST SYSTEM SHALL NOT EMIT OR PRODUCE A SHARP POPPING OR
7 CRACKLING SOUND. THE SOUND INTENSITY PRODUCED BY A SNOWMOBILE
8 SHALL NOT EXCEED 82DBA WHEN MEASURED IN ACCORDANCE WITH SAE
9 RECOMMENDED PRACTICE J 192 EXTERIOR SOUND LEVEL FOR SNOWMOBILES,
10 AS AMENDED. THE DEPARTMENT MAY BY REGULATION ADOPT MORE
11 STRINGENT NOISE REQUIREMENTS.
12 (B) MODIFIED MUFFLERS PROHIBITED.--IT IS UNLAWFUL TO MODIFY
13 A MUFFLER OR TO OPERATE A SNOWMOBILE OR AN OFF-ROAD VEHICLE WITH
14 A MODIFIED MUFFLER.
15 (C) EXCEPTION.--THIS SECTION DOES NOT APPLY TO ORGANIZED
16 RACES OR SIMILAR COMPETITIVE EVENTS.
17 § 7751. ENFORCEMENT PERSONNEL AND PROCEDURES.
18 (A) DUTY OF ENFORCEMENT.--EVERY LAW ENFORCEMENT OFFICER IN
19 THIS COMMONWEALTH AND DESIGNATED OFFICERS AND EMPLOYEES OF THE
20 DEPARTMENT SHALL ENFORCE THE PROVISIONS OF THIS CHAPTER.
21 (B) FORMS AND PROCEDURES.--THE DEPARTMENT MAY PRESCRIBE THE
22 FORM OF SUMMONS OR COMPLAINT, OR BOTH, IN ALL CASES INVOLVING A
23 VIOLATION OF ANY PROVISION OF THIS CHAPTER OR OF ANY ORDINANCE,
24 RULE OR REGULATION RELATING TO SNOWMOBILES OR TO OFF-ROAD
25 VEHICLES, OR OF ANY CLASS OR CATEGORY OF SUCH CASES, AND MAY
26 ESTABLISH PROCEDURES FOR PROPER ADMINISTRATIVE CONTROLS OVER THE
27 DISPOSITION THEREOF.
28 (C) RECORDS AND REPORTS.--THE CHIEF EXECUTIVE OFFICER OF
29 EACH LOCAL POLICE FORCE, SHERIFFS AND THE COMMISSIONER OF THE
30 PENNSYLVANIA STATE POLICE SHALL PREPARE OR CAUSE TO BE PREPARED
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1 SUCH RECORDS AND REPORTS AS MAY BE PRESCRIBED UNDER THIS
2 SECTION.
3 (D) RULES AND REGULATIONS.--THE DEPARTMENT MAY PROMULGATE
4 SUCH RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY TO
5 ACCOMPLISH THE PURPOSES AND ENFORCE THE PROVISIONS OF THIS
6 SECTION INCLUDING REQUIREMENTS FOR REPORTING BY TRIAL COURTS
7 HAVING JURISDICTION OVER SNOWMOBILE OR OFF-ROAD VEHICLE
8 VIOLATIONS.
9 § 7752. PENALTIES FOR VIOLATION OF CHAPTER.
10 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), ANY
11 PERSON VIOLATING ANY OF THE PROVISIONS OF THIS CHAPTER IS GUILTY
12 OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION:
13 (1) FOR A FIRST OFFENSE, BE SENTENCED TO PAY A FINE OF
14 NOT LESS THAN $10 NOR MORE THAN $50 AND COSTS OF PROSECUTION
15 AND, IN DEFAULT OF THE PAYMENT THEREOF, SHALL UNDERGO
16 IMPRISONMENT FOR NOT MORE THAN TEN DAYS.
17 (2) FOR A SECOND OFFENSE, BE SENTENCED TO PAY A FINE OF
18 NOT LESS THAN $25 NOR MORE THAN $100 AND COSTS OF PROSECUTION
19 AND, IN DEFAULT OF THE PAYMENT THEREOF, SHALL UNDERGO
20 IMPRISONMENT FOR NOT MORE THAN 30 DAYS.
21 (B) UNAUTHORIZED DISPOSITION OF FORMS.--ANY PERSON WHO
22 DISPOSES OF ANY UNIFORM SNOWMOBILE OR OFF-ROAD VEHICLE SUMMONS
23 OR COMPLAINT IN ANY OTHER MANNER THAN THAT PRESCRIBED BY LAW,
24 RULE OR REGULATION IS GUILTY OF A MISDEMEANOR OF THE THIRD
25 DEGREE.
26 Section 2. Transitional traffic control and licensing <--
27 provisions.
28 In addition to the transitional provisions provided in
29 section 2 of the act of June 17, 1976 (P.L.162, No.81), entitled
30 "An act amending Title 75 (Vehicles) of the Pennsylvania
19770H1171B3316 - 220 -
1 Consolidated Statutes, adding revised, compiled and codified
2 provisions relating to vehicles and pedestrians," the following
3 transitional provisions regarding the exemption of existing
4 traffic restrictions from engineering and traffic studies and
5 the renewal of drivers' licenses are hereby provided and shall
6 apply to the pertinent provisions of Title 75 of the
7 Pennsylvania Consolidated Statutes:
8 (1) Engineering and traffic studies will not be
9 required for traffic restrictions in effect and duly posted
10 on the effective date of this act, except that engineering
11 and traffic studies will be required within three years of
12 the effective date of this act in order to validate the
13 following types of traffic restrictions:
14 (i) School speed zones and school signs as provided
15 for in section 3365(b) (relating to special speed
16 limitations).
17 (ii) Stop intersections as provided for in section
18 6109(a)(6) (relating to specific powers of department and
19 local authorities), where three or more approaches are
20 required to stop.
21 (iii) No-passing zones as provided for in section
22 3307 (relating to no-passing zones) on two lane, two-way
23 highways.
24 (iv) Angle parking as provided for in section
25 3354(c) (relating to additional parking regulations).
26 (v) Any maximum speed as provided for in section
27 3363 (relating to alteration of maximum speed units) of
28 less than 35 miles per hour.
29 (2) At the time of the first renewal after July 1, 1977,
30 a driver holding a valid driver's license issued by the
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1 department may have the renewed driver's license endorsed
2 with one or more classes of vehicles based on self
3 certification in driving the classes of vehicles without
4 undergoing an examination.
5 Section 3. Transitional revocation and suspension
6 provisions.
7 Notwithstanding the provisions of 75 Pa.C.S. § 1543(b)(3)
8 (relating to extending existing suspension), the Department of
9 Transportation, upon receiving a certified record of the
10 conviction of any person upon a charge of driving a vehicle
11 while the operating privilege was revoked for one year under
12 section 616(a) of "The Vehicle Code" of 1959 or revoked for six
13 months or one year under Title 75 of the Pennsylvania
14 Consolidated Statutes prior to the effective date of this
15 amendatory act, shall suspend such operating privilege for an
16 additional like period.
17 Section 4. Color photograph requirement deadline.
18 The requirement for a color photograph on an identification
19 card provided for in 75 Pa.C.S. § 1510 (relating to issuance and
20 content of driver's license) as added by the act of June 17,
21 1976 (P.L.162, No.81) shall be implemented no later than July 1,
22 1978.
23 Section 5. Repeals.
24 Sections 2(h) and 8(d), act of June 17, 1976 (P.L.162,
25 No.81), entitled "An act amending Title 75 (Vehicles) of the
26 Pennsylvania Consolidated Statutes, adding revised, compiled and
27 codified provisions relating to vehicles and pedestrians," are
28 hereby repealed.
29 Section 209(b)(2) and (3), act of July 15, 1976 (P.L.1014,
30 No.204), known as the "Magisterial District Reform Act," is
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1 hereby repealed.
2 Section 6. Effective date.
3 This act shall take effect July 1, 1977, or immediately,
4 whichever is later, except that the provisions of 75 Pa.C.S. §
5 6122(e) shall take effect July 1, 1978.
6 SECTION 2. SECTION 5553(E) OF TITLE 42 IS AMENDED TO READ: <--
7 § 5553. SUMMARY OFFENSES INVOLVING VEHICLES.
8 * * *
9 (E) DISPOSITION OF PROCEEDINGS WITHIN TWO YEARS.--NO
10 PROCEEDINGS SHALL BE HELD OR ACTION TAKEN BY THE DISTRICT
11 JUSTICE PURSUANT TO A SUMMARY OFFENSE UNDER TITLE 75 SUBSEQUENT
12 TO TWO YEARS AFTER THE COMMISSION OF THE OFFENSE.
13 SECTION 3. TRANSITION PROVISIONS.
14 (A) ENGINEERING AND TRAFFIC STUDIES.--ENGINEERING AND
15 TRAFFIC STUDIES UNDER THE PERTINENT PROVISIONS OF TITLE 75 OF
16 THE PENNSYLVANIA CONSOLIDATED STATUTES WILL NOT BE REQUIRED FOR
17 TRAFFIC RESTRICTIONS IN EFFECT AND DULY POSTED OR ERECTED ON THE
18 EFFECTIVE DATE OF THIS ACT IF THE DEPARTMENT OF TRANSPORTATION
19 OR LOCAL AUTHORITIES HAVE ON FILE EVIDENCE THAT THE TRAFFIC
20 RESTRICTIONS WERE SO POSTED OR ERECTED, EXCEPT THAT ENGINEERING
21 AND TRAFFIC STUDIES WILL BE REQUIRED WITHIN THREE YEARS OF THE
22 EFFECTIVE DATE OF THIS ACT IN ORDER TO VALIDATE THE FOLLOWING
23 TYPES OF TRAFFIC RESTRICTIONS ON STATE-DESIGNATED HIGHWAYS:
24 NO-PASSING ZONES AS PROVIDED FOR IN SECTION 3307
25 (RELATING TO NO-PASSING ZONES) ON TWO LANE, TWO-WAY HIGHWAYS.
26 ANGLE PARKING AS PROVIDED FOR IN SECTION 3354(C)
27 (RELATING TO ADDITIONAL PARKING REGULATIONS).
28 ANY MAXIMUM SPEED AS PROVIDED FOR IN SECTION 3363
29 (RELATING TO ALTERATION OF MAXIMUM LIMITS) OF LESS THAN 35
30 MILES PER HOUR.
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1 (B) REGISTRATION OF VEHICLES.--
2 (1) STAGGERED REGISTRATION RENEWAL SYSTEM.--THE
3 REQUIREMENT FOR A SYSTEM OF STAGGERED REGISTRATION RENEWAL
4 PROVIDED FOR IN 75 PA.C.S. § 1307 (RELATING TO PERIOD OF
5 REGISTRATION) AS ADDED BY THE ACT OF JULY 17, 1976 (P.L.162,
6 NO.81) SHALL BE IMPLEMENTED NO LATER THAN JULY 1, 1979.
7 (2) PRORATION OF REGISTRATION FEES.--
8 (I) WHEN REGISTRATION OF A VEHICLE IS APPLIED FOR
9 AFTER THE BEGINNING OF THE SEVENTH MONTH OF THE
10 REGISTRATION YEAR BUT BEFORE THE BEGINNING OF THE TENTH
11 MONTH OF THE REGISTRATION YEAR, THE FEE FOR REGISTRATION
12 OF A VEHICLE SHALL BE ONE-HALF THE ANNUAL FEE.
13 (II) WHEN THE REGISTRATION IS APPLIED FOR AFTER THE
14 BEGINNING OF THE TENTH MONTH OF THE REGISTRATION YEAR,
15 THE FEE FOR REGISTRATION OF A VEHICLE SHALL BE ONE-FOURTH
16 THE ANNUAL FEE.
17 (III) WHEN REGISTRATION OF A VEHICLE FOR A FULL YEAR
18 IS APPLIED FOR DURING THE 15 DAYS PRECEDING THE BEGINNING
19 OF THE REGISTRATION YEAR, NO ADDITIONAL CHARGE SHALL BE
20 MADE FOR REGISTERING THE VEHICLE FOR THE BALANCE OF THE
21 PRECEDING YEAR.
22 (IV) THE PROVISIONS OF THIS PARAGRAPH SHALL EXPIRE
23 WHEN THE DEPARTMENT OF TRANSPORTATION IMPLEMENTS A
24 STAGGERED REGISTRATION SYSTEM.
25 (3) VEHICLES FIRST REQUIRED TO BE REGISTERED.--VEHICLES
26 OF A TYPE REQUIRED FOR THE FIRST TIME TO BE REGISTERED UNDER
27 TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES SHALL NOT
28 BE REQUIRED TO BE REGISTERED UNTIL THE NEXT REGISTRATION
29 YEAR.
30 (C) DRIVERS' LICENSES.--
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1 (1) EXEMPTION FROM EXAMINATION.--AT THE TIME OF THE
2 FIRST RENEWAL AFTER JULY 1, 1977, A DRIVER HOLDING A VALID
3 DRIVER'S LICENSE ISSUED BY THE DEPARTMENT OF TRANSPORTATION
4 MAY HAVE THE RENEWED DRIVER'S LICENSE ENDORSED FOR CLASS 2 OR
5 3 VEHICLES BASED ON SELF CERTIFICATION OF EXPERIENCE IN
6 DRIVING SUCH VEHICLES WITHOUT UNDERGOING AN EXAMINATION.
7 (2) COLOR PHOTOGRAPH.--THE REQUIREMENT FOR A COLOR
8 PHOTOGRAPH ON AN IDENTIFICATION CARD AND DRIVER'S LICENSE
9 PROVIDED FOR IN 75 PA.C.S. § 1510 (RELATING TO ISSUANCE AND
10 CONTENT OF DRIVER'S LICENSE) AS ADDED BY THE ACT OF JUNE 17,
11 1976 (P.L.162, NO.81), SHALL BE IMPLEMENTED NO LATER THAN
12 JULY 1, 1979.
13 (3) REVOCATIONS AND SUSPENSIONS.--
14 (I) A PERSON WHOSE DRIVER'S LICENSE WAS REVOKED FOR
15 VIOLATION OF THE FORMER PROVISIONS OF SECTION 1037
16 (RELATING TO DRIVING UNDER THE INFLUENCE OF LIQUOR OR
17 DRUGS) OF THE ACT OF APRIL 29, 1959 (P.L.58, NO.32),
18 KNOWN AS "THE VEHICLE CODE," UPON NOTIFYING THE
19 DEPARTMENT OF TRANSPORTATION OF SUCH REVOCATION, SHALL BE
20 ENTITLED TO A REINSTATEMENT OF THE REVOKED DRIVER'S
21 LICENSE UPON THE EXPIRATION OF SIX MONTHS FROM THE
22 COMMENCEMENT OF THE PERIOD OF REVOCATION AND UPON
23 COMPLIANCE WITH REQUIREMENTS APPLICABLE TO THE
24 REINSTATEMENT OF REVOKED LICENSES.
25 (II) NOTWITHSTANDING THE PROVISIONS OF 75 PA.C.S. §
26 1543(B)(3) (RELATING TO EXTENDING EXISTING SUSPENSION OR
27 REVOCATION), THE DEPARTMENT, UPON RECEIVING A CERTIFIED
28 RECORD OF THE CONVICTION OF ANY PERSON UPON A CHARGE OF
29 DRIVING A VEHICLE WHILE THE OPERATING PRIVILEGE WAS
30 REVOKED FOR ONE YEAR UNDER THE FORMER PROVISIONS OF
19770H1171B3316 - 225 -
1 SECTION 616(A) (RELATING TO REVOCATION OF OPERATING
2 PRIVILEGE) OF "THE VEHICLE CODE" OF 1959 OR REVOKED FOR
3 SIX MONTHS OR ONE YEAR UNDER TITLE 75 OF THE PENNSYLVANIA
4 CONSOLIDATED STATUTES PRIOR TO THE EFFECTIVE DATE OF THIS
5 ACT, SHALL SUSPEND SUCH OPERATING PRIVILEGE FOR AN
6 ADDITIONAL LIKE PERIOD.
7 SECTION 4. VALIDATION OF PRIOR ACTIONS.
8 ANY PERSON REQUIRED TO TAKE OR PROHIBITED FROM TAKING ANY
9 ACTION UNDER THE PROVISIONS OF TITLE 75 OF THE PENNSYLVANIA
10 CONSOLIDATED STATUTES BETWEEN JULY 1, 1977 AND THE EFFECTIVE
11 DATE OF THIS ACT SHALL BE DEEMED TO HAVE COMPLIED WITH THE LAW
12 IF THE ACTION TAKEN OR NOT TAKEN IS IN CONFORMITY WITH THE
13 APPLICABLE PROVISIONS AS CHANGED OR ADDED BY THIS ACT.
14 SECTION 5. REPEALS.
15 SECTION 2(F), (G) AND (H), ACT OF JUNE 17, 1976 (P.L.162,
16 NO.81), ENTITLED "AN ACT AMENDING TITLE 75 (VEHICLES) OF THE
17 PENNSYLVANIA CONSOLIDATED STATUTES, ADDING REVISED, COMPILED AND
18 CODIFIED PROVISIONS RELATING TO VEHICLES AND PEDESTRIANS," IS
19 HEREBY REPEALED.
20 THE ACT OF JULY 25, 1977 (NO.35), KNOWN AS THE "MOBILE HOME
21 TITLING ACT," IS HEREBY REPEALED INSOFAR AS INCONSISTENT WITH
22 THIS ACT.
23 SECTION 6. EFFECTIVE DATE.
24 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B),
25 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
26 (B) EFFECTIVE IN 90 DAYS.--THE FOLLOWING PROVISIONS OF TITLE
27 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES, INSOFAR AS
28 AFFECTED BY THIS ACT, SHALL TAKE EFFECT IN 90 DAYS:
29 SECTION 1514 (RELATING TO EXPIRATION AND RENEWAL OF
30 DRIVERS' LICENSES).
19770H1171B3316 - 226 -
1 SECTION 1519 (RELATING TO DETERMINATION OF INCOMPETENCY).
2 SECTION 1532 (RELATING TO SUSPENSION OR REVOCATION OF
3 OPERATING PRIVILEGE).
4 SECTION 1535 (RELATING TO SCHEDULE OF CONVICTIONS AND
5 POINTS).
6 SECTION 1538 (RELATING TO SCHOOL, EXAMINATION OR HEARING
7 ON ACCUMULATION OF POINTS OR EXCESSIVE SPEEDING).
8 SECTION 1539 (RELATING TO SUSPENSION OF OPERATING
9 PRIVILEGE ON ACCUMULATION OF POINTS).
10 SECTION 1542 (RELATING TO REVOCATION OF HABITUAL
11 OFFENDER'S LICENSE).
12 SECTION 1543 (RELATING TO DRIVING WHILE OPERATING
13 PRIVILEGE IS SUSPENDED OR REVOKED).
14 SECTION 1545 (RELATING TO RESTORATION OF OPERATING
15 PRIVILEGE).
16 SECTION 1551 (RELATING TO NOTICE OF DEPARTMENT ACTION).
17 SECTION 1572 (RELATING TO SUSPENSION OF OPERATING
18 PRIVILEGE).
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