PRIOR PRINTER'S NO. 880                      PRINTER'S NO. 1695

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 793 Session of 1983


        INTRODUCED BY GEIST, HUTCHINSON, SHOWERS, DAVIES, MERRY,
           WOZNIAK, HERMAN, REINARD, BOYES, BUNT, DAWIDA, SCHULER,
           CLYMER, GREENWOOD, HERSHEY, FARGO, BOOK, MARKOSEK, MOWERY,
           GAMBLE, GANNON, CESSAR, BRANDT, L. E. SMITH, HAYES, BOWSER,
           SCHEETZ, LINTON, LESCOVITZ, VAN HORNE, MICHLOVIC, MADIGAN,
           PITTS, GLADECK, FLICK AND E. Z. TAYLOR, APRIL 12, 1983

        AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, SEPTEMBER 19, 1983

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing FOR SUSPENSIONS FOR FAILURE TO     <--
     3     STOP FOR FLASHING RED SIGNALS ON SCHOOL BUSES AND for school
     4     bus operators to report violations to appropriate police
     5     officers.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     SECTION 1.  SECTION 1532(B)(1) OF TITLE 75 OF THE              <--
     9  PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
    10  § 1532.  REVOCATION OR SUSPENSION OF OPERATING PRIVILEGE.
    11     * * *
    12     (B)  SUSPENSION.--
    13         (1)  THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
    14     OF ANY DRIVER FOR SIX MONTHS UPON RECEIVING A CERTIFIED
    15     RECORD OF THE DRIVER'S CONVICTION OF ANY OFFENSE UNDER THE
    16     FOLLOWING PROVISIONS:
    17             SECTION 3345(A) (RELATING TO DUTY OF APPROACHING

     1         DRIVER WHEN RED SIGNALS ARE FLASHING).
     2             SECTION 3367 (RELATING TO RACING ON HIGHWAYS).
     3             SECTION 3733 (RELATING TO FLEEING OR ATTEMPTING TO
     4         ELUDE POLICE OFFICER).
     5             SECTION 3734 (RELATING TO DRIVING WITHOUT LIGHTS TO
     6         AVOID IDENTIFICATION OR ARREST).
     7             SECTION 3743 (RELATING TO ACCIDENTS INVOLVING DAMAGE
     8         TO ATTENDED VEHICLE OR PROPERTY).
     9         * * *
    10     SECTION 2.  SECTION 1535(A) OF TITLE 75 IS AMENDED TO READ:
    11  § 1535.  SCHEDULE OF CONVICTIONS AND POINTS.
    12     (A)  GENERAL RULE.--A POINT SYSTEM FOR DRIVER EDUCATION AND
    13  CONTROL IS HEREBY ESTABLISHED WHICH IS RELATED TO OTHER
    14  PROVISIONS FOR USE, SUSPENSION AND REVOCATION OF THE OPERATING
    15  PRIVILEGE AS SPECIFIED UNDER THIS TITLE. EVERY DRIVER LICENSED
    16  IN THIS COMMONWEALTH WHO IS CONVICTED OF ANY OF THE FOLLOWING
    17  OFFENSES SHALL BE ASSESSED POINTS AS OF THE DATE OF VIOLATION IN
    18  ACCORDANCE WITH THE FOLLOWING SCHEDULE:
    19  SECTION NUMBER                 OFFENSE                  POINTS
    20     1512                VIOLATION OF RESTRICTION ON
    21                         DRIVER'S LICENSE.                   2
    22     1571                VIOLATIONS CONCERNING LICENSES.     3
    23     3102                FAILURE TO OBEY POLICEMAN OR
    24                         AUTHORIZED PERSON.                  2
    25     3112(A)(3)(I)       FAILURE TO STOP FOR A RED LIGHT.    3
    26     3114(A)(1)          FAILURE TO STOP FOR A FLASHING
    27                         RED LIGHT.                          3
    28     3302                FAILURE TO YIELD HALF OF ROADWAY
    29                         TO ONCOMING VEHICLE.                3
    30     3303                IMPROPER PASSING.                   3
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     1     3304                OTHER IMPROPER PASSING.             3
     2     3305                OTHER IMPROPER PASSING.             3
     3     3306(A)(1)          OTHER IMPROPER PASSING.             4
     4     3306(A)(2)          OTHER IMPROPER PASSING.             3
     5     3306(A)(3)          OTHER IMPROPER PASSING.             3
     6     3307                OTHER IMPROPER PASSING.             3
     7     3310                FOLLOWING TOO CLOSELY.              3
     8     3321                FAILURE TO YIELD TO DRIVER ON THE
     9                         RIGHT AT INTERSECTION.              3
    10     3322                FAILURE TO YIELD TO ONCOMING
    11                         DRIVER WHEN MAKING LEFT TURN.       3
    12     3323(B)             FAILURE TO STOP FOR STOP SIGNS.     3
    13     3324                FAILURE TO YIELD WHEN ENTERING OR
    14                         CROSSING ROADWAY BETWEEN INTER-
    15                         SECTIONS.                           3
    16     3332                IMPROPER TURNING AROUND.            3
    17     3341                FAILURE TO STOP FOR FLASHING RED
    18                         LIGHTS OR GATE AT RAILROAD
    19                         CROSSING.                           3
    20     3344                FAILURE TO STOP WHEN ENTERING FROM
    21                         ALLEY, DRIVEWAY OR BUILDING.        3
    22     3345(A)             FAILURE TO STOP FOR SCHOOL BUS
    23                         WITH FLASHING RED LIGHTS.           5
    24                                         (AND [30 DAYS] SIX MONTHS
    25                                         SUSPENSION)
    26     3361                DRIVING TOO FAST FOR CONDITIONS.    2
    27     3362                EXCEEDING MAXIMUM SPEED.--OVER LIMIT:
    28                                                  6-10       2
    29                                                 11-15       3
    30                                                 16-25       4
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     1                                                 26-30       5
     2                                                 31-OVER     5
     3                                         (AND DEPARTMENTAL HEARING
     4                                         AND SANCTIONS PROVIDED
     5                                         UNDER SECTION 1538(D))
     6     3365(B)             EXCEEDING SPECIAL SPEED LIMIT
     7                         IN SCHOOL ZONES.                    3
     8     3365(C)             EXCEEDING SPECIAL SPEED LIMIT
     9                         FOR TRUCKS ON DOWNGRADES.           3
    10     3542(A)             FAILURE TO YIELD TO PEDESTRIANS IN
    11                         CROSSWALK.                          2
    12     3547                FAILURE TO YIELD TO PEDESTRIAN ON
    13                         SIDEWALK.                           3
    14     3549(A)             FAILURE TO YIELD TO BLIND
    15                         PEDESTRIAN.                         3
    16     3702                IMPROPER BACKING.                   3
    17     3714                RECKLESS DRIVING.                   3
    18     3745                LEAVING SCENE OF ACCIDENT
    19                         INVOLVING PROPERTY DAMAGE ONLY.     4
    20     * * *
    21     Section 1 3.  Section 3345 of Title 75 of the Pennsylvania     <--
    22  Consolidated Statutes is amended by adding a subsection to read:
    23  § 3345.  Meeting or overtaking school bus.
    24     * * *
    25     (a.1)  Reports by school bus operators.--
    26         (1)  The operator of a school bus who observes a
    27     violation of this section may prepare a signed, written
    28     report which indicates that a violation has occurred. To the
    29     extent possible, the report shall include the following
    30     information:
    19830H0793B1695                  - 4 -

     1             (i)  Information, if any, pertaining to the identity
     2         of the alleged violator.
     3             (ii)  The license number and color of the vehicle
     4         involved in the violation.
     5             (iii)  The time and approximate location at which the
     6         violation occurred.
     7             (iv)  Identification of the vehicle as an automobile,
     8         station wagon, motor truck, motor bus, motorcycle or
     9         other type of vehicle.
    10         (2)  Within 48 hours after the violation occurs, the
    11     school bus operator shall deliver a copy of the report to a
    12     police officer having authority to exercise police power in
    13     the area where the violation occurred. If the police officer
    14     believes that the report establishes a sufficient basis for
    15     the issuance of a citation, the officer shall file a citation
    16     and the report with the issuing authority. If the issuing
    17     authority determines that the report and citation establish a
    18     sufficient basis for the issuance of a summons, a summons
    19     shall be issued in accordance with general rules governing
    20     the institution of proceedings in summary traffic offense
    21     cases. The issuing authority shall send the defendant a copy
    22     of the citation, together with a statement that it was filed
    23     by the police officer named in the citation on the basis of
    24     information received. The identity of the person preparing
    25     the report shall not be disclosed to the defendant unless
    26     requested, in writing, by the defendant or his counsel for
    27     the purpose of preparing a defense.
    28     * * *
    29     Section 2 4.  This act shall take effect in 60 days.           <--

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