PRINTER'S NO. 1094
No. 928 Session of 2007
INTRODUCED BY ADOLPH, HENNESSEY, J. TAYLOR, BOYD, CREIGHTON,
CURRY, FABRIZIO, KIRKLAND, MANN, REICHLEY, SOLOBAY AND
YOUNGBLOOD, MARCH 29, 2007
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 29, 2007
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, defining "frozen dessert," "frozen dessert truck"
3 and "vend"; and providing for approaching or overtaking
4 stopped frozen dessert truck and for frozen dessert truck
5 equipment.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 102 of Title 75 of the Pennsylvania
9 Consolidated Statutes is amended by adding definitions to read:
10 § 102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this title which are applicable to specific
13 provisions of this title, the following words and phrases when
14 used in this title shall have, unless the context clearly
15 indicates otherwise, the meanings given to them in this section:
16 * * *
17 "Frozen dessert." Ice cream, frozen custard, French ice
18 cream, French custard ice cream, sherbet, fruit sherbet, ice
19 milk, ice, water ice, nonfruit sherbet, nonfruit water ice,
1 freezer made milk shakes, quiescently frozen confection,
2 quiescently frozen dairy confection, whipped cream confection,
3 bisque tortoni, artificially sweetened ice cream, artificially
4 sweetened ice milk, special frozen dietary foods, frozen yogurt,
5 mellorine frozen desserts, as all such products are commonly
6 known, together with any mix used in frozen desserts and any
7 products which are similar in appearance, odor or taste to these
8 products or are prepared or frozen as these products are
9 customarily prepared or frozen, whether made with dairy or
10 nondairy products and ice flavored with syrup.
11 "Frozen dessert truck." A motor vehicle in which frozen
12 desserts are carried for purposes of retail sale on the streets
13 of this Commonwealth.
14 * * *
15 "Vend." Offering frozen desserts for sale from a motor
16 vehicle on the streets of this Commonwealth.
17 * * *
18 Section 2. Title 75 is amended by adding sections to read:
19 § 3347. Approaching or overtaking stopped frozen dessert truck.
20 (a) Duty of approaching driver.--The driver of a vehicle
21 approaching or overtaking from either direction a frozen dessert
22 truck stopped on the highway or trafficway shall stop before
23 reaching the truck when the flashing red lights and side stop
24 signal arm described in section 4574 (relating to frozen dessert
25 truck equipment) are in use. After stopping, a driver may
26 proceed past the frozen dessert truck at a reasonable and
27 prudent speed, not exceeding 15 miles per hour, and shall yield
28 the right-of-way to any pedestrian who crosses the roadway to or
29 from the truck.
30 (b) Exception.--The driver of a vehicle on a highway or
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1 trafficway having dual or multiple roadways separated by safety
2 islands or physical traffic separation installations need not
3 stop upon meeting or passing a frozen dessert truck on another
4 roadway.
5 § 4574. Frozen dessert truck equipment.
6 In addition to other equipment required by law, a frozen
7 dessert truck may be equipped with:
8 (1) Signal lamps mounted at the same level and as high
9 and as widely spaced laterally as practicable. These lamps
10 shall be five to seven inches in diameter and shall display
11 two alternately flashing red lights visible at 500 feet to
12 the front and rear in normal sunlight upon a straight level
13 highway.
14 (2) A side stop signal arm that can be extended
15 horizontally from the left side of the truck. When the signal
16 arm is extended, the side of the signal arm nearest the truck
17 shall be seven and one-fourth inches long and parallel to the
18 side of the truck. The side farthest from the truck shall be
19 18 inches long and parallel to the side nearest the truck.
20 The two sides shall be 18 inches apart creating a
21 symmetrical, trapezoidal shape. Two alternately flashing red
22 lights shall be located in the outside corners of the
23 extended signal arm, and the corners shall be rounded to
24 conform with the shape of the lights. Each red light shall be
25 three to five inches in diameter and visible at 300 feet to
26 the front and rear in normal sunlight upon a straight and
27 level highway. Both sides of the signal arm shall have a red
28 reflectorized background and the following legend: The word
29 "STOP" shall appear in six-inch-high, one-inch-wide white
30 letters in the middle of the signal arm. Above the word
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1 "STOP," the phrase "IF SAFE" shall appear in two-inch-high,
2 one-fourth-inch-wide white letters. Below the word "STOP,"
3 the phrase "THEN GO" shall appear in two-inch-high, one-
4 fourth-inch-wide white letters. All colors shall meet
5 specifications in the most recently published Federal Highway
6 Administration standard color charts. The bottom of the
7 extended signal arm shall be 42 inches above the street.
8 (3) A convex mirror mounted on the front so the driver
9 in his normal seating position can see the area in front of
10 the truck obscured by the hood.
11 Section 3. This act shall take effect in 60 days.
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