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                                                       PRINTER'S NO. 924

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.




















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