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        PRIOR PRINTER'S NO. 2937                      PRINTER'S NO. 3636

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2133 Session of 2005


        INTRODUCED BY FAIRCHILD, OCTOBER 25, 2005

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           MARCH 6, 2006

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing FOR SPECIAL REGISTRATION PLATES,   <--
     3     for identification card, FOR UNATTENDED CHILDREN IN MOTOR      <--
     4     VEHICLES, FOR PERIODS FOR REQUIRING LIGHTED LAMPS, FOR
     5     AUTHORITY TO USE FLASHING OR REVOLVING BLUE LIGHTS AND FOR
     6     RESTRICTIONS ON HIGHWAY AND BRIDGE USE.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 1510(b) of Title 75 of the Pennsylvania    <--
    10  Consolidated Statutes is amended to read:
    11     SECTION 1.  SECTIONS 1341, 1510(B), 3701.1(B), 4302(A),        <--
    12  4572(A) AND 4902(G)(2) OF TITLE 75 OF THE PENNSYLVANIA
    13  CONSOLIDATED STATUTES ARE AMENDED TO READ:
    14  § 1341.  SPECIAL REGISTRATION PLATES GENERALLY.
    15     UPON REQUEST BY THE APPLICANT, THE DEPARTMENT MAY ISSUE
    16  REGISTRATION PLATES CONSISTING OF ANY COMBINATION OF NUMBERS,
    17  LETTERS OR NUMBERS AND LETTERS. THESE SPECIAL PLATES MAY BE
    18  ISSUED FOR SPECIAL GROUPS OR FOR SPECIAL PURPOSES AND BEAR AN
    19  APPROPRIATE DESIGNATION. SPECIAL GROUPS MAY CHARGE A FEE FOR


     1  AUTHORIZATION TO REQUEST A REGISTRATION PLATE BEARING THE NAME
     2  OF THE GROUP. THEY SHALL HAVE THE SAME FORCE AND EFFECT AS
     3  REGULAR REGISTRATION PLATES. THE DEPARTMENT MAY REFUSE ANY
     4  COMBINATION OF LETTERS AND NUMBERS FOR CAUSE AND SHALL ADOPT
     5  REASONABLE RULES AND REGULATIONS FOR THE ISSUANCE OF THE PLATES
     6  AND FOR CARRYING OUT THE PROVISIONS OF THIS SECTION. THE
     7  APPLICANT SHALL COMPLY WITH ALL LAWS AND REGULATIONS PERTAINING
     8  TO REGISTRATION INCLUDING THE PAYMENT OF ANY ADDITIONAL FEES.
     9  THE DEPARTMENT IS AUTHORIZED TO REISSUE A COMBINATION OF NUMBERS
    10  OR LETTERS FOR A PERSONAL PLATE IF THE DEPARTMENT RECORDS REVEAL
    11  THAT NO ACTIVITY, SUCH AS RENEWAL OR TRANSFER OF THE PERSONAL
    12  REGISTRATION PLATE, HAS OCCURRED FOR A PERIOD OF FIVE OR MORE
    13  CONSECUTIVE YEARS AND PROVIDED THAT THE PERSONAL REGISTRATION
    14  PLATE WAS NEVER REPORTED AS LOST OR STOLEN. WHENEVER THE
    15  DEPARTMENT REISSUES AN INACTIVE PERSONAL PLATE, THE DEPARTMENT
    16  MAY PURGE ITS RECORDS OF ALL REFERENCES TO THE PREVIOUS OWNERS
    17  OF THAT PERSONAL PLATE. THE DEPARTMENT SHALL, HOWEVER, NOTE UPON
    18  ITS RECORDS THE REISSUANCE OF THE PERSONAL PLATE AND TO WHOM THE
    19  PLATE WAS ISSUED. IF THE VEHICLE IS LICENSED TO A BUSINESS THAT
    20  IS NOT A MEMBER OF THE SPECIAL GROUP, THE DEPARTMENT SHALL ISSUE
    21  THE PLATE AS LONG AS THE BUSINESS OWNER OR OFFICER MAKING
    22  APPLICATION IS A MEMBER OF THAT GROUP.
    23  § 1510.  Issuance and content of driver's license.
    24     * * *
    25     (b)  Identification card.--The department shall, upon payment
    26  of the required fee, issue an identification card to any person
    27  11 years of age or older who has made application therefor in
    28  such manner as the department shall prescribe or whose driver's
    29  license has been surrendered to the department because of a
    30  suspension or revocation of an operating privilege under this or
    20050H2133B3636                  - 2 -     

     1  any other title. Program participants in the Address
     2  Confidentiality Program under 23 Pa.C.S. Ch. 67 may use a
     3  substitute address designated by the Office of Victim Advocate
     4  as their address. The identification card shall have
     5  substantially the same content as a driver's license but shall
     6  clearly indicate that it is not a driver's license. Upon failure
     7  of any person to pass any examination required under section
     8  1514 (relating to expiration and renewal of drivers' licenses),
     9  the department shall, where appropriate, issue a complimentary
    10  identification card as an expression of gratitude for years of
    11  safe driving. The card shall only be issued upon receipt of the
    12  person's driver's license.
    13     * * *
    14  § 3701.1.  LEAVING AN UNATTENDED CHILD IN A MOTOR VEHICLE.        <--
    15     * * *
    16     (B)  PENALTY.--A PERSON WHO VIOLATES THIS SECTION COMMITS A
    17  SUMMARY OFFENSE. IT IS A SEPARATE OFFENSE FOR EACH CHILD LEFT
    18  UNATTENDED.
    19  § 4302.  PERIODS FOR REQUIRING LIGHTED LAMPS.
    20     (A)  GENERAL RULE.--THE OPERATOR OF A VEHICLE UPON A HIGHWAY
    21  SHALL DISPLAY THE LIGHTED HEAD LAMPS AND OTHER LAMPS AND
    22  ILLUMINATING DEVICES REQUIRED UNDER THIS CHAPTER FOR DIFFERENT
    23  CLASSES OF VEHICLES, SUBJECT TO EXCEPTIONS WITH RESPECT TO
    24  PARKED VEHICLES, AT THE FOLLOWING TIMES:
    25         (1)  BETWEEN SUNSET AND SUNRISE.
    26         (2)  ANY TIME WHEN[,] THE OPERATOR CANNOT DISCERN A
    27     PERSON OR VEHICLE UPON THE HIGHWAY FROM A DISTANCE OF 1,000
    28     FEET DUE TO INSUFFICIENT LIGHT OR UNFAVORABLE ATMOSPHERIC
    29     CONDITIONS, INCLUDING RAIN, SNOW, SLEET, HAIL, FOG, SMOKE OR
    30     SMOG[, PERSONS AND VEHICLES ON THE HIGHWAY ARE NOT CLEARLY
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     1     DISCERNIBLE TO THE OPERATOR FOR A DISTANCE OF 1,000 FEET
     2     AHEAD].
     3         (3)  ANY TIME WHEN THE VEHICLE'S WINDSHIELD WIPERS ARE IN
     4     CONTINUOUS OR INTERMITTENT USE DUE TO PRECIPITATION OR
     5     ATMOSPHERIC MOISTURE, INCLUDING RAIN, SNOW, SLEET OR MIST.
     6     * * *
     7  § 4572.  VISUAL SIGNALS ON AUTHORIZED VEHICLES.
     8     (A)  FLASHING OR REVOLVING BLUE LIGHTS.--AMBULANCE PERSONNEL,
     9  VOLUNTEER FIREFIGHTERS, CERTIFIED VOLUNTEER SEARCH AND RESCUE
    10  [SCUBA DIVERS] ORGANIZATION MEMBERS AND OWNERS AND HANDLERS OF
    11  DOGS USED IN TRACKING HUMANS MAY EACH EQUIP ONE MOTOR VEHICLE
    12  WITH NO MORE THAN TWO FLASHING OR REVOLVING BLUE LIGHTS.
    13         (1)  IN ORDER TO BE ELIGIBLE TO DISPLAY LIGHTS ON THEIR
    14     VEHICLES UNDER THIS SUBSECTION, THE NAMES OF THE AMBULANCE
    15     PERSONNEL, VOLUNTEER FIREFIGHTERS AND CERTIFIED VOLUNTEER
    16     SEARCH AND RESCUE [SCUBA DIVERS] ORGANIZATION MEMBERS SHALL
    17     BE SUBMITTED TO THE NEAREST STATION OF THE PENNSYLVANIA STATE
    18     POLICE ON A LIST SIGNED BY THE CHIEF OF THE AMBULANCE OR FIRE
    19     DEPARTMENT OR COMPANY, THE HEAD OF THE SEARCH AND RESCUE
    20     [SCUBA DIVING] ORGANIZATION, AND EACH DOG OWNER AND HANDLER
    21     SHALL REGISTER AT THE NEAREST PENNSYLVANIA STATE POLICE
    22     STATION.
    23         (2)  THE MANNER IN WHICH THE LIGHTS ARE DISPLAYED AND
    24     THEIR INTENSITY SHALL BE DETERMINED BY REGULATION OF THE
    25     DEPARTMENT.
    26         (3)  THE LIGHTS SHALL BE OPERABLE BY THE DRIVER FROM
    27     INSIDE THE VEHICLE.
    28         (4)  THE LIGHTS MAY BE USED ONLY WHILE EN ROUTE TO OR AT
    29     THE SCENE OF A FIRE OR EMERGENCY CALL.
    30         (5)  THE LIGHTS SHALL BE REMOVED FROM THE VEHICLE
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     1     IMMEDIATELY UPON RECEIPT OF NOTICE FROM THE CHIEF OF THE
     2     AMBULANCE OR FIRE DEPARTMENT OR COMPANY OR THE HEAD OF THE
     3     SEARCH AND RESCUE [SCUBA DIVING] ORGANIZATION TO REMOVE THE
     4     LIGHTS UPON TERMINATION OF THE PERSON'S STATUS AS AN ACTIVE
     5     VOLUNTEER FIREFIGHTER OR AMBULANCE PERSON OR UPON TERMINATION
     6     OF THE PERSON'S ACTIVE STATUS AS A CERTIFIED VOLUNTEER SEARCH
     7     AND RESCUE [DIVER] ORGANIZATION MEMBER OR DOG OWNER OR
     8     HANDLER, OR WHEN THE VEHICLE IS NO LONGER USED IN CONNECTION
     9     WITH THE PERSON'S DUTIES AS A VOLUNTEER FIREFIGHTER OR
    10     AMBULANCE PERSON, CERTIFIED VOLUNTEER SEARCH AND RESCUE
    11     [DIVER] ORGANIZATION MEMBER OR DOG OWNER OR HANDLER.
    12         (6)  THIS SUBSECTION DOES NOT RELIEVE THE DRIVER FROM THE
    13     DUTY TO DRIVE WITH DUE REGARD FOR THE SAFETY OF ALL PERSONS
    14     NOR EXEMPT THE DRIVER FROM COMPLYING WITH ALL PROVISIONS OF
    15     THIS TITLE.
    16     * * *
    17  § 4902.  RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES.
    18     * * *
    19     (G)  PENALTY.--
    20         * * *
    21         (2)  ANY PERSON OPERATING A VEHICLE OR COMBINATION IN
    22     VIOLATION OF A PROHIBITION OR RESTRICTION IMPOSED UNDER
    23     SUBSECTION (B) IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON
    24     CONVICTION, BE SENTENCED TO PAY A FINE OF [NOT LESS THAN $25
    25     AND] NOT MORE THAN [$100] $500.
    26     Section 2.  This act shall take effect in 60 days.



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