PRINTER'S NO. 2093
No. 1766 Session of 1981
INTRODUCED BY LEVIN, KOLTER, PETRARCA, BORSKI, SWAIM, DONATUCCI
AND McMONAGLE, JULY 1, 1981
REFERRED TO COMMITTEE ON TRANSPORTATION, JULY 1, 1981
AN ACT
1 Requiring retail motor vehicle service stations to have air
2 pumps for the public and providing penalties and civil
3 remedies.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Purpose.
7 The General Assembly of the Commonwealth of Pennsylvania
8 finds that:
9 (1) There has been a serious decline in the number of
10 retail service stations that have air pumps available to the
11 public for inflating tires.
12 (2) Properly inflated tires are necessary for the safe
13 operation of motor vehicles upon public highways and for the
14 conservation of gasoline.
15 (3) The lack of availability of air pump devices is
16 detrimental to the public safety of our highways and reduces
17 the effectiveness of the energy conservation policies of the
18 Commonwealth and the United States.
1 (4) It is therefore the intent of the General Assembly
2 to ensure greater motorist access to air pump devices by
3 requiring each retail service station dealer to provide a
4 power driven air pump device for public use.
5 Section 2. Duty of retail service station dealers.
6 (a) Every retail service station dealer shall make available
7 to the public a power driven air pump device for the purpose of
8 inflating motor vehicle tires. Such device shall be available
9 for public use at all times that the station is open for
10 business except that when such pump becomes inoperable for any
11 reason, the dealer shall not be in violation of this act
12 provided that the dealer exercises due diligence to repair the
13 device or provide another operable device as soon as
14 practicable.
15 (b) For the purpose of this act "retail service station
16 dealer" means any person, firm or corporation maintaining a
17 place of business where motor vehicle fuel is sold and delivered
18 into the tanks of motor vehicles, whether or not motor vehicles
19 are serviced or another business is conducted on the premises.
20 Section 3. Summary offense.
21 Any retail service station dealer who violates the provisions
22 of this act shall be guilty of a summary offense and, upon
23 conviction thereof, shall, for the first offense be sentenced to
24 pay a fine not exceeding $300, and for a second and each
25 subsequent offense, be sentenced to pay a fine not exceeding
26 $1,000.
27 Section 4. Civil remedy.
28 Any person who has sustained damage as a result of a
29 violation of this act shall be entitled to recover his damages
30 in a civil action against the retail service station dealer. Any
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1 plaintiff succeeding in such an action shall be entitled to
2 recover at least $100 and the costs of the action and such other
3 remedy as the court may deem appropriate.
4 Section 5. Effective date.
5 This act shall take effect in 120 days.
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