PRINTER'S NO. 924
No. 805 Session of 2007
INTRODUCED BY DERMODY, RAYMOND, MELIO, SHIMKUS, PALLONE, READSHAW, KORTZ, DALEY, WALKO, MAHONEY, HORNAMAN, LEACH, PHILLIPS, PETRONE, GEIST AND K. SMITH, MARCH 19, 2007
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 19, 2007
AN ACT 1 Amending Titles 53 (Municipalities Generally), 66 (Public 2 Utilities) and 75 (Vehicles) of the Pennsylvania Consolidated 3 Statutes, providing for use of restraint systems in taxicabs. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Title 53 of the Pennsylvania Consolidated 7 Statutes is amended by adding a section to read: 8 § 5724.1. Certain services prohibited. 9 No taxicab may transport passengers under eight years of age 10 in violation of the safety provisions of 75 Pa.C.S. § 4581(a) 11 (relating to restraint systems). 12 Section 2. Title 66 is amended by adding a section to read: 13 § 1512. Certain services prohibited. 14 No taxicab may transport passengers under eight years of age 15 in violation of the safety provisions of 75 Pa.C.S. § 4581(a) 16 (relating to restraint systems). 17 Section 3. Section 4581(a)(1) and (1.1) of Title 75 are 18 amended and the section is amended by adding a subsection to
1 read: 2 § 4581. Restraint systems. 3 (a) Occupant protection.-- 4 (1) Any person who is operating a passenger car, Class I 5 truck, Class II truck, classic motor vehicle, antique motor 6 vehicle or motor home and who transports a child under four 7 years of age anywhere in the motor vehicle, including the 8 cargo area, shall fasten such child securely in a child 9 passenger restraint system, as defined in subsection (d). 10 This subsection shall apply to all persons while they are 11 operators of motor vehicles where a seating position is 12 available which is equipped with a seat safety belt or other 13 means to secure the systems or where the seating position was 14 originally equipped with seat safety belts. In the case of a 15 taxicab granted a certificate of public convenience by the 16 Pennsylvania Public Utility Commission or a parking authority 17 of a city of the first class to transport passengers, the 18 parent or legal guardian of a child under four years of age 19 to be transported shall be solely responsible for ensuring 20 that the provisions of this section are complied with. 21 Notwithstanding any provision of law, a taxicab granted a 22 certificate of public convenience by the Pennsylvania Public 23 Utility Commission or a parking authority of a city of the 24 first class to transport passengers shall not transport a 25 child under four years of age unless this section is complied 26 with. 27 (1.1) Any person who is operating a passenger car, Class 28 I truck, Class II truck, classic motor vehicle, antique motor 29 vehicle or motor home and who transports a child four years 30 of age or older but under eight years of age anywhere in the 20070H0805B0924 - 2 -
1 motor vehicle, including the cargo area, shall fasten such 2 child securely in a fastened safety seat belt system and in 3 an appropriately fitting child booster seat, as defined in 4 subsection (d). This paragraph shall apply to all persons 5 while they are operators of motor vehicles where a seating 6 position is available which is equipped with a seat safety 7 belt or other means to secure the systems or where the 8 seating position was originally equipped with seat safety 9 belts. A conviction under this paragraph by State or local 10 law enforcement agencies shall occur only as a secondary 11 action when a driver of a motor vehicle has been convicted of 12 violating any other provision of this title. In the case of a 13 taxicab granted a certificate of public convenience by the 14 Pennsylvania Public Utility Commission or a parking authority 15 of a city of the first class to transport passengers, the 16 parent or legal guardian of a child four years of age or 17 older but under eight years of age to be transported shall be 18 solely responsible for ensuring that the provisions of this 19 section are complied with. Notwithstanding any provision of 20 law, a taxicab granted a certificate of public convenience by 21 the Pennsylvania Public Utility Commission or a parking 22 authority of a city of the first class to transport 23 passengers shall not transport a child four years of age or 24 older but under eight years of age unless this section is 25 complied with. 26 * * * 27 (i) Definition.--As used in this section, the term "taxicab" 28 means a motor vehicle designed for carrying no more than eight 29 passengers, exclusive of the driver, on a call or demand basis 30 and used for the transportation of persons for compensation. 20070H0805B0924 - 3 -
1 Section 4. This act shall take effect in 60 days. C1L53BIL/20070H0805B0924 - 4 -