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                                                      PRINTER'S NO. 2393

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1891 Session of 1997


        INTRODUCED BY DONATUCCI, RIEGER, M. COHEN, RAMOS, WOGAN,
           McGEEHAN, J. TAYLOR AND YOUNGBLOOD, OCTOBER 8, 1997

        REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 8, 1997

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for penalties for racing on
     3     highways.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Sections 3367 and 6503 of Title 75 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 3367.  Racing on highways.
     9     (a)  Definitions.--As used in this section, the following
    10  words and phrases shall have the meanings given to them in this
    11  subsection:
    12     "Drag race."  The operation of two or more vehicles from a
    13  point side by side at accelerating speeds in a competitive
    14  attempt to outdistance each other, or the operation of one or
    15  more vehicles over a common selected course, from the same point
    16  to the same point, for the purpose of comparing the relative
    17  speeds or power of acceleration of the vehicle or vehicles
    18  within a certain distance or time limit.

     1     "Race."  The use of one or more vehicles in an attempt to
     2  outgain, outdistance or prevent another vehicle from passing, to
     3  arrive at a given destination ahead of another vehicle or
     4  vehicles, or to test the physical stamina or endurance of
     5  drivers over long distance driving routes.
     6     (b)  General rule.--No person shall drive a vehicle on a
     7  highway in any race, speed competition or contest, drag race or
     8  acceleration contest, test of physical endurance, exhibition of
     9  speed or acceleration, or for the purpose of making a speed
    10  record, and no person shall in any manner participate in any
    11  such race, competition, contest, test or exhibition.
    12     (c)  Permits for special activities.--The department or local
    13  authorities within their jurisdiction may issue permits for
    14  special activities which would otherwise be prohibited by this
    15  section.
    16     (d)  [Penalty.--Any person violating this section is guilty
    17  of a summary offense and shall, upon conviction, be sentenced to
    18  pay a fine of $200.] Penalties.--Upon conviction for violations
    19  of this section, the penalties shall be as follows:
    20         (1)  a fine of $200 for the first offense;
    21         (2)  a suspension of the person's driver's license for a
    22     period of at least six months for the second offense;
    23         (3)  for the third offense, the arresting officer shall
    24     impound the vehicle used in the commission of the violation,
    25     and a hearing shall be held within five business days from
    26     the date of arrest where a judge shall determine whether the
    27     vehicle will be returned to its owner or forfeited to the
    28     Commonwealth;
    29         (4)  for the fourth offense, a term of imprisonment of at
    30     least six months but not more than one year and a fine of not
    19970H1891B2393                  - 2 -

     1     less than $200 nor more than $2,000 and payment of all court
     2     costs.
     3  § 6503.  Subsequent convictions of certain offenses.
     4     Every person convicted of a second or subsequent violation of
     5  any of the following provisions shall be sentenced to pay a fine
     6  of not less than $200 nor more than $1,000 or to imprisonment
     7  for not more than six months, or both:
     8         Section 1501(a) (relating to drivers required to be
     9     licensed).
    10         Section 1543 (relating to driving while operating
    11     privilege is suspended or revoked).
    12         [Section 3367 (relating to racing on highways).]
    13         Section 3733 (relating to fleeing or attempting to elude
    14     police officer).
    15         Section 3734 (relating to driving without lights to avoid
    16     identification or arrest).
    17         Section 3748 (relating to false reports).
    18     Section 2.  This act shall take effect in 60 days.








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