SENATE AMENDED
PRIOR PRINTER'S NOS. 1332, 2062, 2446, PRINTER'S NO. 3501
3235
No. 1130 Session of 2003
INTRODUCED BY McCALL, BISHOP, CAWLEY, CIVERA, COY, DALEY,
DeLUCA, DeWEESE, D. EVANS, FAIRCHILD, GEIST, GRUCELA, HERMAN,
JAMES, LAUGHLIN, MACKERETH, MANN, MELIO, S. MILLER, PRESTON,
SHANER, STABACK, TANGRETTI, E. Z. TAYLOR, TIGUE, WALKO,
WASHINGTON, WATSON, WILLIAMS AND YOUNGBLOOD, APRIL 9, 2003
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MARCH 22, 2004
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for learners' permits, FOR <--
3 DRIVERS OF EMERGENCY VEHICLES, for the Child Passenger
4 Restraint Fund, for a hospital information program, for oral <--
5 hazard warnings AND for civil immunity for lenders of child <--
6 passenger restraint systems. and for registration of <--
7 snowmobile or ATV.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 1505, 4582, 4583(a), 4584 and 4586 of <--
11 Title 75 of the Pennsylvania Consolidated Statutes are amended
12 to read:
13 SECTION 1. SECTION 1505 OF TITLE 75 OF THE PENNSYLVANIA <--
14 CONSOLIDATED STATUTES IS AMENDED TO READ:
15 § 1505. Learners' permits.
16 (a) General rule.--A person who desires to obtain a driver's
17 license or who desires to be licensed in a class for which the
18 person is not already licensed shall apply to the department for
1 the class or classes of license in which the person desires to
2 be licensed. The department shall issue to each applicant a
3 learner's permit which shall clearly identify the class of
4 license applied for as provided in section 1504 (relating to
5 classes of licenses).
6 (b) Learner must be accompanied.--A learner's permit
7 entitles the person to whom it was issued to drive vehicles and
8 combinations of vehicles of the class or classes specified, but
9 only while the holder of the learner's permit is accompanied by
10 and under the immediate supervision of a person who:
11 (1) is at least 21 years of age or, if the spouse of the
12 learner's permit holder, is at least 18 years of age; or, if
13 a parent, guardian or person in loco parentis of the
14 learner's permit holder, is at least 18 years of age;
15 (2) is licensed [in this Commonwealth] to drive vehicles
16 of the class then being driven by the holder of the learner's
17 permit; and
18 (3) is actually occupying a seat beside the holder of
19 the learner's permit unless the vehicle is a motorcycle.
20 (c) Operation of motorcycle.--A motorcycle learner's permit
21 entitles the person to whom it is issued to operate a motorcycle
22 only between sunrise and sunset and, except for a driver
23 licensed to drive another class of vehicle, only while under the
24 instruction and immediate supervision of a licensed motorcycle
25 operator. Motorcycle learners shall not carry any passenger
26 other than an instructor properly licensed to operate a
27 motorcycle.
28 (d) Duration of permit.--A learner's permit shall be valid
29 for a period of one year after date of issue, or until the
30 holder of the permit has failed the examination as authorized in
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1 section 1508 (relating to examination of applicant for driver's
2 license) three times within the one-year period.
3 (e) Authorization to test for driver's license and junior
4 driver's license.--A person with a learner's permit is
5 authorized to take the examination for a regular or junior
6 driver's license for the class of vehicle for which a permit is
7 held. Before a person under the age of 18 years may take the
8 examination for a junior driver's license, the minor must:
9 (1) Have held a learner's permit for that class of
10 vehicle for a period of six months.
11 (2) Present to the department a certification form
12 signed by the father, mother, guardian, person in loco
13 parentis or spouse of a married minor stating that the minor
14 applicant has completed 50 hours of practical driving
15 experience accompanied as required under subsection (b).
16 Submission of a certification shall not subject the parent,
17 guardian, person in loco parentis or spouse of a married
18 minor to any liability based upon the certification.
19 (3) Have the certification form completed when the minor
20 is ready for the licensing examination. The certification
21 form shall be developed by the department and will be
22 provided by the department when the original application for
23 a learner's permit is processed. The department will make
24 this form readily available through the mail or electronic
25 means.
26 (f) Filing a false certification.--Any person who knowingly
27 files a false certification commits a summary offense under
28 section 6502 (relating to summary offenses).
29 SECTION 2. SECTION 3105 OF TITLE 75 IS AMENDED BY ADDING A <--
30 SUBSECTION TO READ:
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1 § 3105. DRIVERS OF EMERGENCY VEHICLES.
2 * * *
3 (H) LIMITATIONS RELATING TO SCHOOL BUSES.--NOTWITHSTANDING
4 THE PROVISIONS OF SUBSECTION (B)(4), THE DRIVER OF AN EMERGENCY
5 VEHICLE SHALL COMPLY WITH THE PROVISIONS OF SECTION 3345
6 (RELATING TO MEETING OR OVERTAKING SCHOOL BUS).
7 SECTION 3. SECTIONS 4582, 4584 AND 4586 OF TITLE 75 ARE
8 AMENDED TO READ:
9 § 4582. Child Passenger Restraint Fund.
10 A Child Passenger Restraint Fund is established in the
11 General Fund as a special restricted receipts account hereby
12 earmarked for and appropriated to the department. This fund
13 shall consist of all fines deposited pursuant to section 4581(b)
14 (relating to restraint systems), all Federal funds granted for
15 said use and any moneys donated into the fund. All such funds
16 shall be used solely for the purpose of purchasing Federally
17 approved child restraint seats or appropriately fitting child
18 booster seats and making such seats available to qualified
19 loaner programs within the Commonwealth. A qualified loaner
20 program shall be one determined by the department to loan
21 Federally approved child restraint seats or appropriately
22 fitting child booster seats to parents or legal guardians of
23 children under [four] eight years of age who, due to financial
24 or economic hardship, are unable to comply with the provisions
25 of this subchapter. The department shall adopt such regulations
26 as are necessary to effectuate the purpose of this section.
27 § 4583. Hospital information program. <--
28 (a) Availability of restraint devices.--The hospital, in
29 conjunction with the attending physician, shall provide the
30 parents of any newborn child with any information regarding the
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1 availability of loaner or rental programs for child restraint
2 devices or appropriately fitting child booster seats that may be
3 available in the community where the child is born.
4 * * *
5 [§ 4584. Oral hazard warning.
6 An oral hazard warning shall be given by the State Police or
7 local law enforcement officer to operators of motor vehicles in
8 which children under four years of age are passengers and are
9 not restrained by the use of seat restraints. The officer may
10 advise and urge utilization of seat safety belts that are
11 available in the vehicle and may note that, for children under
12 four years of age, greater protection could be provided by
13 acquiring and utilizing a separate Federally approved child
14 restraint seat. The officer shall notify the parent or legal
15 guardian who is in violation of section 4581 (relating to
16 restraint systems) that, after January 1, 1985, a fine shall be
17 imposed for such violation.]
18 § 4586. Civil immunity for CHILD PASSENGER SAFETY TECHNICIANS <--
19 AND lenders of child passenger restraint systems and
20 booster seats.
21 (A) TECHNICIAN IMMUNITY.--A CHILD PASSENGER SAFETY <--
22 TECHNICIAN OR SPONSORING ORGANIZATION SHALL NOT BE CIVILLY
23 LIABLE FOR AN ACT OR OMISSION THAT OCCURS SOLELY IN THE
24 INSPECTION, INSTALLATION OR ADJUSTMENT OF A CHILD PASSENGER
25 RESTRAINT SYSTEM OR CHILD BOOSTER SEAT IN A MOTOR VEHICLE OR IN
26 THE GIVING OF ADVICE OR ASSISTANCE REGARDING THE INSTALLATION OR
27 ADJUSTMENT OF A CHILD PASSENGER RESTRAINT SYSTEM OR CHILD
28 BOOSTER SEAT IN A MOTOR VEHICLE IF:
29 (1) THE CHILD PASSENGER SAFETY TECHNICIAN ACTS IN GOOD
30 FAITH AND WITHIN THE SCOPE OF THE TRAINING FOR WHICH THE
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1 TECHNICIAN IS CURRENTLY CERTIFIED;
2 (2) THE ACT OR OMISSION DOES NOT CONSTITUTE GROSS
3 NEGLIGENCE OR WILLFUL OR WANTON MISCONDUCT;
4 (3) THE INSPECTION, INSTALLATION OR ADJUSTMENT OF THE
5 CHILD PASSENGER RESTRAINT SYSTEM OR CHILD BOOSTER SEAT OR THE
6 ADVICE OR ASSISTANCE IS PROVIDED WITHOUT FEE OR CHARGE TO THE
7 OWNER OR OPERATOR OF THE MOTOR VEHICLE; AND
8 (4) THE INSPECTION, INSTALLATION OR ADJUSTMENT OF THE
9 CHILD PASSENGER RESTRAINT SYSTEM OR CHILD BOOSTER SEAT IS NOT
10 PROVIDED IN CONJUNCTION WITH THE FOR-PROFIT SALE OF THE CHILD
11 PASSENGER RESTRAINT SYSTEM OR CHILD BOOSTER SEAT.
12 (B) LENDER IMMUNITY.--No person or organization who or which <--
13 lends to another person or organization a child passenger
14 restraint system or appropriately fitting child booster seats,
15 as described in section 4581 (relating to restraint systems),
16 shall be liable for any civil damages resulting from any acts or
17 omission, except any act or omission intentionally designed to
18 harm, or any grossly negligent act or omission resulting in harm
19 to another.
20 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING <--
21 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
22 SUBSECTION:
23 "CHILD PASSENGER SAFETY TECHNICIAN." AN INDIVIDUAL WHO HOLDS
24 A CURRENT CERTIFICATION AS A CHILD PASSENGER SAFETY TECHNICIAN
25 OR TECHNICIAN INSTRUCTOR BY THE NATIONAL HIGHWAY TRAFFIC SAFETY
26 ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF
27 TRANSPORTATION, THE AMERICAN AUTOMOBILE ASSOCIATION OR OTHER
28 ENTITY DESIGNATED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY
29 ADMINISTRATION.
30 Section 2. Section 7711.1 of Title 75 is amended by adding a <--
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1 subsection to read:
2 § 7711.1. Registration of snowmobile or ATV.
3 * * *
4 (g) Registration list.--A snowmobile registration list shall
5 be furnished, at the cost of production, to Statewide not-for-
6 profit Pennsylvania snowmobile organizations for use in
7 providing registered snowmobile users with information regarding
8 safety courses, educational programs and changes in law,
9 regulation and policy related to snowmobile use in this
10 Commonwealth.
11 Section 3 2 4. This act shall take effect in 60 days. <--
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