CORRECTIVE REPRINTSENATE AMENDED

 

PRIOR PRINTER'S NOS. 49, 67, 1599, 1654, 3158, 3419, 3775

PRINTER'S NO.  3792

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

67

Session of

2009

  

  

INTRODUCED BY MARKOSEK, GEIST, BELFANTI, BOYD, BRENNAN, DALEY, J. EVANS, HARPER, HESS, HICKERNELL, KORTZ, McCALL, MOUL, REICHLEY, SCAVELLO, SIPTROTH, K. SMITH, VULAKOVICH, WALKO, WATSON, PASHINSKI, SHAPIRO, LENTZ, MURT, DALLY, MILNE AND BRADFORD, JANUARY 26, 2009

  

  

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 24, 2010   

  

  

  

AN ACT

  

1

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

2

Statutes, defining "interactive wireless communications

3

device"; further providing for junior driver's license, for

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4

learners' permits and for suspension of operating privilege;

5

prohibiting interactive wireless communications devices; and

6

further providing for duty of driver in construction and

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7

maintenance areas or on highway safety corridors, for duty of

8

driver in emergency response areas, for accident report

9

forms, for department to compile, tabulate and analyze

10

accident reports, for television equipment, for general

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11

requirements for other vehicles transporting school children

12

and for restraint systems, for the offense of careless

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13

driving, for applicability and uniformity of law and for

14

disposition and use of liquid fuels and fuels tax.

15

The General Assembly of the Commonwealth of Pennsylvania

16

declares that the part of this act that limits the number of

17

passengers a junior driver may transport in a motor vehicle at

18

one time may be referred to as Lacey's Law in honor of Lacey

19

Gallagher.

20

The General Assembly of the Commonwealth of Pennsylvania

21

hereby enacts as follows:

 


1

Section 1.  Section 102 of Title 75 of the Pennsylvania

2

Consolidated Statutes is amended by adding a definition to read:

3

§ 102.  Definitions.

4

Subject to additional definitions contained in subsequent

5

provisions of this title which are applicable to specific

6

provisions of this title, the following words and phrases when

7

used in this title shall have, unless the context clearly

8

indicates otherwise, the meanings given to them in this section:

9

* * *

10

"Interactive wireless communications communication device."  

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11

Any wireless electronic communications device that provides for

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12

voice or data communication between two or more parties,

13

including, but not limited to, a mobile or cellular telephone, a

14

text messaging device, a personal digital assistant that sends

15

or receives messages or a laptop computer. The term does not

16

include:

17

(1)  an amateur radio;

18

(2)  a citizens band radio;

19

(3)  a two-way radio communication device; or

20

(4)  a communication device that is affixed to a mass

21

transit vehicle, bus or school bus. A wireless telephone,

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22

personal digital assistant, smart phone, portable or mobile

23

computer or similar device which can be used for voice

24

communication, texting, e-mailing, browsing the Internet or

25

instant messaging. The term does not include any of the

26

following:

27

(1)  a device being used exclusively as a global

28

positioning or navigation system;

29

(2)  a system or device that is physically or

30

electronically integrated into the vehicle; or

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1

(3)  a communication device that is affixed to a mass

2

transit vehicle, bus or school bus.

3

* * *

4

Section 2.  Sections 1503(c), 1505(e) and 1538(e) of Title 75

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5

are amended to read:

6

§ 1503.  Persons ineligible for licensing; license issuance to

7

minors; junior driver's license.

8

* * *

9

(c)  Junior driver's license.--The department may issue a

10

junior driver's license to a person 16 or 17 years of age under

11

rules and regulations adopted by the department and subject to

12

the provisions of this section. A junior driver's license shall

13

automatically become a regular driver's license when the junior

14

driver attains 18 years of age.

15

(1)  Except as provided in paragraph (2), no licensed

16

junior driver shall drive a vehicle upon a public highway

17

between 11 p.m. and 5 a.m. unless accompanied by a spouse 18

18

years of age or older, a parent or a person in loco parentis.

19

(2)  A licensed junior driver conforming to the

20

requirements of section 1507 (relating to application for

21

driver's license or learner's permit by minor) may drive a

22

vehicle upon a public highway between 11 p.m. and 5 a.m.

23

between the junior driver's home and activity or employment

24

or in the course of the junior driver's activity or

25

employment if the junior driver is a member of a volunteer

26

fire company authorized by the fire chief to engage in

27

fighting fires, is engaged in public or charitable service or

28

is employed and is carrying an affidavit or certificate of

29

authorization signed by the junior driver's fire chief,

30

supervisor or employer indicating the probable schedule of

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1

the junior driver's activities. Upon termination of the

2

junior driver's activity or employment, the junior driver

3

shall surrender the affidavit or certificate to the fire

4

chief, supervisor or employer. If the junior driver shall

5

fail to surrender the affidavit or certificate, the employer,

6

fire chief or supervisor shall immediately notify the

7

Pennsylvania State Police.

8

(2.1)  Except as set forth in paragraph (2.2), a junior

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9

driver may not drive a vehicle with more than one passenger

10

under 18 years of age.

11

(2.2)  With parental or in loco parentis approval, a

12

junior driver may drive a vehicle with passengers under 18

13

years of age who are siblings or relatives who live in the

14

same dwelling as the junior driver.

15

(2.1)  For the first six months after issuance of the

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16

junior driver's license, a junior driver shall not drive a

17

vehicle with more than one passenger under 18 years of age

18

who is not a member of the driver's immediate family unless

19

the junior driver is accompanied by a parent or legal

20

guardian. After the expiration of the first six months, a

21

junior driver shall not drive a vehicle with more than three

22

passengers under 18 years of age who are not members of the

23

driver's immediate family unless the junior driver is

24

accompanied by a parent or legal guardian. A junior driver

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25

shall not drive a vehicle with more than one passenger under

26

18 years of age who is not a member of the driver's immediate

27

family unless the junior driver is accompanied by a parent or

28

legal guardian if the junior driver has been involved in an

29

accident reportable under section 3746(a) (relating to

30

immediate notice of accident to police department) for which

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1

the junior driver is partially or fully responsible in the

2

opinion of the department or has been convicted of any

3

violation of this title. For purposes of this subsection, a

4

junior driver's immediate family shall include brothers,

5

sisters, stepbrothers or stepsisters of the driver, including

6

adopted or foster children residing in the same household as

7

the junior driver.

8

(3)  In addition to the other provisions of this title

9

relating to the suspension or revocation of operating

10

privileges, in the event that a licensed junior driver is

11

involved in an accident reportable under section 3746(a) for

12

which the junior driver is partially or fully responsible in

13

the opinion of the department or is convicted of any

14

violation of this title, the department may suspend the

15

operating privileges of the junior driver until the junior

16

driver attains 18 years of age or for a period of time not

17

exceeding 90 days.

18

(4)  Any junior driver or other person violating any

19

provision of this subsection is guilty of a summary offense.

20

§ 1505.  Learners' permits.

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21

* * *

22

(e)  Authorization to test for driver's license and junior

23

driver's license.--A person with a learner's permit is

24

authorized to take the examination for a regular or junior

25

driver's license for the class of vehicle for which a permit is

26

held. Before a person under the age of 18 years may take the

27

examination for a junior driver's license, the minor must:

28

(1)  Have held a learner's permit for that class of

29

vehicle for a period of six months.

30

(2)  Present to the department a certification form

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1

signed by the father, mother, guardian, person in loco

2

parentis or spouse of a married minor stating that the minor

3

applicant has completed [50] 65 hours of practical driving

4

experience, including no less than ten hours of nighttime

5

driving and five hours of inclement weather driving, 

6

accompanied as required under subsection (b). Submission of a

7

certification shall not subject the parent, guardian, person

8

in loco parentis or spouse of a married minor to any

9

liability based upon the certification.

10

(3)  Have the certification form completed when the minor

11

is ready for the licensing examination. The certification

12

form shall be developed by the department and will be

13

provided by the department when the original application for

14

a learner's permit is processed. The department will make

15

this form readily available through the mail or electronic

16

means.

17

* * *

18

§ 1538.  School, examination or hearing on accumulation of

19

points or excessive speeding.

20

* * *

21

(e)  Additional suspension of operating privilege.--

22

(1)  In addition to any other provisions of law relating

23

to the suspension or revocation of operating privileges, a

24

person's operating privileges shall be suspended under any of

25

the following circumstances:

26

(i)  Prior to reaching age 18, the person violates

27

section 3362 (relating to maximum speed limits) by

28

traveling 26 miles per hour or more over the posted speed

29

limit and the violation results in a conviction, guilty

30

plea or plea of no contest before or after the person

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1

reaches age 18.

2

(ii)  The person accumulates six or more points under

3

the provisions of section 1535 (relating to schedule of

4

convictions and points) and the violations resulting in

5

points accumulation were committed before the person

6

reached age 18.

7

(2)  The first suspension under paragraph (1) shall be

8

for a period of 90 days with every subsequent suspension

9

under paragraph (1) to be for a period of 120 days.

10

Suspensions under paragraph (1) shall be imposed

11

consecutively to each other and to any other suspension. A

12

suspension under paragraph (1) shall be considered a

13

subsequent suspension even if it is imposed contemporaneously

14

with a first suspension imposed under paragraph (1). A

15

suspension under this paragraph shall be in lieu of a

16

suspension under subsection (d)(1).

17

(3)  An insurer shall treat a suspension of a person

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18

under this subsection the same as a person over 18 years of

19

age for a similar violation for the purpose of automobile

20

insurance and may not increase premiums, impose any surcharge

21

or rate penalty or make any driver record point assignment

22

for automobile insurance in a manner different from that of a

23

person over 18 years of age.

24

Section 3.  Title 75 is amended by adding a section to read:

25

§ 3316.  Prohibiting interactive wireless communications 

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26

communication devices.

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27

(a)  Drivers subject to restriction.--No driver person with a

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28

learners' permit or junior driver's license shall drive a motor

29

vehicle on a highway roadway or trafficway in this Commonwealth

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30

while using an interactive wireless communications communication 

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1

device.

2

(b)  Exceptions.--This section shall not apply to:

3

(1)  Persons who use an interactive wireless

4

communications communication device to contact a 511 service

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5

or 911 system or wireless E-911 service, as defined in the

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6

act of July 9, 1990 (P.L.340, No.78), known as the Public

7

Safety Emergency Telephone Act.

8

(2)  Emergency service personnel who are using an

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9

interactive wireless communication device in the performance

10

of official duties.

11

(2)  Persons who use an interactive wireless

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12

communication device when the vehicle is stopped due to

13

traffic obstruction and the motor vehicle transmission is in

14

neutral or park.

15

(3)  Operators of emergency vehicles who use an

16

interactive wireless communication device for voice

17

communication for the purpose of responding to an emergency

18

while engaged in the performance of their official duties.

19

(4)  Volunteer emergency responders who use an

20

interactive wireless communication device for voice

21

communication for the purpose of responding to an emergency

22

while engaged in the performance of their official duties.

23

(5)  Amateur radio operators who use an interactive

24

wireless communication device for voice communication.

25

(c)  Seizure.--The provisions of this section shall not be

26

construed as authorizing the seizure or forfeiture of an

27

interactive wireless communications communication device, unless

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28

otherwise provided by law.

29

(d)  Penalty.--A person who violates subsection (a) commits a

30

summary offense and shall, upon conviction, be sentenced to pay

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1

a fine of $100.

2

(e)  Secondary action.--A conviction under this section by

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3

State or local law enforcement agencies shall occur only as a

4

secondary action when a driver of a motor vehicle has been

5

convicted of violating any other provision of this title.

6

(f)  Definitions.--As used in this section, the following

7

words and phrases shall have the meanings given to them in this

8

subsection:

9

"511" or "511 service."  Three-digit telecommunications

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10

dialing to access an intelligent transportation system traveler

11

information service provided in this Commonwealth in accordance

12

with the Federal Communications Commission and the United States

13

Department of Transportation.

14

"911."  The number used by a public agency located in whole

15

or in part within this Commonwealth authorized by law to provide

16

emergency telephone service to access firefighting, law

17

enforcement, ambulance, emergency medical or other emergency

18

services.

19

"Volunteer emergency responder."  Any of the following:

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20

(1)  a member of a volunteer ambulance service as defined

21

in section 102 of the act of July 31, 2003 (P.L.73, No.17),

22

known as the Volunteer Fire Company and Volunteer Ambulance

23

Service Grant Act;

24

(2)  a member of a volunteer fire company as defined in

25

section 102 of the Volunteer Fire Company and Volunteer

26

Ambulance Service Grant Act; or

27

(3)  member of a volunteer rescue company as defined in

28

section 102 of the Volunteer Fire Company and Volunteer

29

Ambulance Service Grant Act.

30

Section 4.  Sections 3714 and Section Sections 3326(c),

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1

3327(e) and 3752(a) of Title 75 are is are amended to read:

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2

§ 3714.  Careless driving.

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3

(a)  General rule.--Any person who drives a vehicle in

4

careless disregard for the safety of persons or property is

5

guilty of careless driving, a summary offense.

6

(b)  Unintentional death.--If the person who violates this

7

section unintentionally causes the death of another person as a

8

result of the violation, the person shall, upon conviction, be

9

sentenced to pay a fine of $500.

10

(c)  Serious bodily injury.--If the person who violates this

11

section unintentionally causes the serious bodily injury of

12

another person as a result of the violation, the person shall,

13

upon conviction, be sentenced to pay a fine of $250.

14

(c.1)  Increased fine for distracted driver.--Upon conviction

15

for a violation of this section where at the time of the

16

violation the person made use of any device not associated with

17

the safe operation of the vehicle, including, but not limited

18

to, the following:

19

(1)  an interactive wireless communications device;

20

(2)  an electronic, electrical or mechanical device;

21

(3)  a personal grooming device;

22

(4)  food;

23

(5)  drink; and

24

(6)  any printed material,

25

the fine imposed for the violation shall be increased by $50.

26

(c.2)  Effect of increase in fine.--The fact that an increase

27

in fine was imposed pursuant to subsection (c.1) shall not be:

28

(1)  Admissible as evidence in any civil or criminal

29

proceeding.

30

(2)  Used in any manner whatsoever by an insurer to

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1

charge an insured a higher premium for a policy of insurance.

2

(c.3)  Construction.--Subsection (c.1) shall not be construed

3

to impose any legal obligation upon any person to inform any

4

driver or the public at large about the provisions of the

5

subsection.

6

(d)  [Definition.--As used in this section, "serious bodily

7

injury" means any] Definitions.--As used in this section, the

8

following words and phrases shall have the meanings given to

9

them in this subsection:

10

"Distracted."  Having a person's attention diverted from

11

operating a vehicle by the use of any device, including, but not

12

limited to, an electronic, electrical, mechanical or personal

13

grooming device, food, drink, book or printed material.

14

"Serious bodily injury."  Any bodily injury which creates a

15

substantial risk of death or which causes serious, permanent

16

disfigurement or protracted loss or impairment of the function

17

of any bodily member or organ.

18

§ 3326.  Duty of driver in construction and maintenance areas or

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19

on highway safety corridors.

20

* * *

21

(c)  Fines to be doubled.--For any of the following

22

violations, when committed in an active work zone manned by

23

workers acting in their official capacity or on a highway safety

24

corridor designated under section 6105.1 (relating to

25

designation of highway safety corridors), the fine shall be

26

double the usual amount:

27

Section 3102 (relating to obedience to authorized persons

28

directing traffic).

29

Section 3111 (relating to obedience to traffic-control

30

devices).

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1

Section 3112 (relating to traffic-control signals).

2

Section 3114 (relating to flashing signals).

3

Section 3302 (relating to meeting vehicle proceeding in

4

opposite direction).

5

Section 3303 (relating to overtaking vehicle on the left).

6

Section 3304 (relating to overtaking vehicle on the right).

7

Section 3305 (relating to limitations on overtaking on the

8

left).

9

Section 3306 (relating to limitations on driving on left side

10

of roadway).

11

Section 3307 (relating to no-passing zones).

12

Section 3309 (relating to driving on roadways laned for

13

traffic).

14

Section 3310 (relating to following too closely).

15

Section 3316 (relating to prohibiting interactive wireless

16

communication devices).

17

Section 3323 (relating to stop signs and yield signs).

18

Section 3326 (relating to duty of driver in construction and

19

maintenance areas or on highway safety corridors).

20

Section 3361 (relating to driving vehicle at safe speed).

21

Section 3362 (relating to maximum speed limits).

22

Section 3702 (relating to limitations on backing).

23

Section 3714 (relating to careless driving).

24

Section 3736 (relating to reckless driving).

25

Section 3802 (relating to driving under influence of alcohol

26

or controlled substance).

27

* * *

28

§ 3327.  Duty of driver in emergency response areas.

29

* * *

30

(e)  Fines to be doubled.--In addition to any penalty as

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1

provided in subsection (b), the fine for any of the following

2

violations when committed in an emergency response area manned

3

by emergency service responders shall be double the usual

4

amount:

5

Section 3102 (relating to obedience to authorized persons

6

directing traffic).

7

Section 3111 (relating to obedience to traffic-control

8

devices).

9

Section 3114 (relating to flashing signals).

10

Section 3302 (relating to meeting vehicle proceeding in

11

opposite direction).

12

Section 3303 (relating to overtaking vehicle on the left).

13

Section 3304 (relating to overtaking vehicle on the right).

14

Section 3305 (relating to limitations on overtaking on the

15

left).

16

Section 3306 (relating to limitations on driving on left side

17

of roadway).

18

Section 3307 (relating to no-passing zones).

19

Section 3310 (relating to following too closely).

20

Section 3312 (relating to limited access highway entrances

21

and exits).

22

Section 3316 (relating to prohibiting interactive wireless

23

communication devices).

24

Section 3323 (relating to stop signs and yield signs).

25

Section 3325 (relating to duty of driver on approach of

26

emergency vehicle).

27

Section 3361 (relating to driving vehicle at safe speed).

28

Section 3707 (relating to driving or stopping close to fire

29

apparatus).

30

Section 3710 (relating to stopping at intersection or

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1

crossing to prevent obstruction).

2

Section 3714 (relating to careless driving).

3

Section 3736 (relating to reckless driving).

4

Section 3802 (relating to driving under influence of alcohol

5

or controlled substance).

6

* * *

7

§ 3752.  Accident report forms.

8

(a)  Form and content.--The department shall prepare and upon

9

request supply to all law enforcement agencies and other

10

appropriate agencies or individuals, forms for written accident

11

reports as required in this subchapter suitable with respect to

12

the persons required to make the reports and the purposes to be

13

served. The written report forms shall call for sufficiently

14

detailed information to disclose with reference to a vehicle

15

accident the cause, conditions then existing and the persons and

16

vehicles involved[.], including whether the driver of the

17

vehicle was using an interactive wireless communications 

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18

communication device when the accident occurred, and such other

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19

information as the department may require. Reports for use by

20

the drivers and owners shall also provide for information

21

relating to financial responsibility.

22

* * *

23

Section 5.  Section 3753 of Title 75 is amended by adding a

24

subsection to read:

25

§ 3753.  Department to compile, tabulate and analyze accident

26

reports.

27

* * *

28

(b.1)  Report on interactive wireless communications

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29

devices.-- Certain reports.--The department shall annually

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30

compile and make available to the public information submitted

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1

on an accident report concerning interactive wireless

2

communications communication devices in motor vehicles involved

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3

in traffic accidents. The report shall note whether the driver

4

of the motor vehicle was using an interactive wireless

5

communications communication device when the accident occurred. 

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6

The department shall biannually compile and make available to

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7

the public information submitted on an accident report

8

concerning junior drivers with multiple passengers under 18

9

years of age and the use of seat belts by drivers and passengers

10

under 18 years of age in motor vehicles involved in traffic

11

accidents. The report shall note the number of passengers under

12

18 years of age if the driver involved in the accident was a

13

junior driver and whether drivers and passengers under 18 years

14

of age utilized a safety belt system. The data shall be included

15

in a report submitted to the Transportation Committee of the

16

Senate and the Transportation Committee of the House of

17

Representatives.

18

* * *

19

Section 6.  Sections 4527 , 4527, 4553(b) and 4581(a) and (b) 

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20

and 6101 of Title 75 are amended to read:

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21

§ 4527.  [Television] Video receiving equipment.

22

(a)  General rule.--[No] Except as provided in subsection (c) 

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23

(b), no person shall drive a motor vehicle [operated on a

<--

24

highway shall be] equipped with [television-type] any image

25

display device, video receiving equipment, including a receiver,

26

a video monitor or a television or video screen capable of

27

displaying a television broadcast or video signal that produces

28

entertainment or business applications or similar equipment

29

which is located in the motor vehicle at any point forward of

30

the back of the driver's seat [or otherwise], or which is 

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1

visible, directly or indirectly, to the driver while operating

2

the motor vehicle.

3

(a.1)  Except as provided in subsection (b), no person may

4

install in a motor vehicle an image display device intended to

5

be visible to a driver in the normal driving position when the

6

vehicle is in motion and when restrained by the safety seat belt

7

system adjusted in accordance with the manufacturer's

8

recommendations.

9

(b)  Exception.--This section shall not apply to the

10

following:

11

(1)  [Television-type receiving equipment] Image display

12

devices in a vehicle used exclusively for safety or law

13

enforcement purposes as approved by the Pennsylvania State

14

Police.

15

(2)  [Electronic displays] Image display devices used in

16

conjunction with in-vehicle navigation systems, related

17

traffic, road and weather information.

18

(3)  Image display devices that provide vehicle

19

information related to the driving task or to enhance or

20

supplement the driver's view forward, behind or to the sides

21

of the motor vehicle or permit the driver to monitor vehicle

22

occupants behind the driver.

23

(4)  Image display devices that do not display images to

24

the driver while the vehicle is in motion.

25

(5)  Image display devices which display an image while a

26

vehicle is parked.

27

(c)  Definitions.--As used in this section, the term "image

28

display device" means equipment capable of displaying to the

29

driver of the motor vehicle:

30

(1)  a broadcast television image; or

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1

(2)  a visual image, other than text, from a digital

2

video disc or other storage device.

3

§ 4553.  General requirements for other vehicles transporting

<--

4

school children.

5

* * *

6

(b)  School-chartered bus.--In addition to school buses,

7

school-chartered buses, which are designed to transport 16 or

8

more passengers, including the driver, and which are operated by

9

a person holding a certificate of the Pennsylvania Public

10

Utility Commission or the Interstate Commerce Commission, may be

11

used under a short-term contract with a school which has

12

acquired the exclusive use of the vehicle at a fixed charge to

13

[provide transportation of] transport school children to a

14

[special] school-related event, provided that the vehicle is not

15

used to transport school children to or from their residences or

16

designated bus stops. A school-chartered vehicle may be used

17

without restriction for the transportation of school children

18

with special needs as may be necessary to make reasonable

19

accommodations pursuant to the Americans with Disabilities Act

20

of 1990 (Public Law 101-336, 104 Stat. 327).

21

* * *

22

§ 4581.  Restraint systems.

23

(a)  Occupant protection.--

24

(1)  Any person who is operating a passenger car, Class I

25

truck, Class II truck, classic motor vehicle, antique motor

26

vehicle or motor home and who transports a child under four

27

years of age anywhere in the motor vehicle, including the

28

cargo area, shall fasten such child securely in a child

29

passenger restraint system, as defined in subsection (d).

30

This subsection shall apply to all persons while they are

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1

operators of motor vehicles where a seating position is

2

available which is equipped with a seat safety belt or other

3

means to secure the systems or where the seating position was

4

originally equipped with seat safety belts.

5

(1.1)  Any person who is operating a passenger car, Class

6

I truck, Class II truck, classic motor vehicle, antique motor

7

vehicle or motor home and who transports a child four years

8

of age or older but under eight years of age anywhere in the

9

motor vehicle, including the cargo area, shall fasten such

10

child securely in a fastened safety seat belt system and in

11

an appropriately fitting child booster seat, as defined in

12

subsection (d). This paragraph shall apply to all persons

13

while they are operators of motor vehicles where a seating

14

position is available which is equipped with a seat safety

15

belt or other means to secure the systems or where the

16

seating position was originally equipped with seat safety

17

belts. [A conviction under this paragraph by State or local

18

law enforcement agencies shall occur only as a secondary

19

action when a driver of a motor vehicle has been convicted of

20

violating any other provision of this title.]

21

(2)  [Except for children under eight years of age and

22

except as provided in paragraphs (1) and (1.1), each]

23

(i)  The driver [and front seat occupant] of a

24

passenger car, Class I truck, Class II truck or motor

25

home operated in this Commonwealth shall [wear] secure or

26

cause to be secured in a properly adjusted and fastened

27

safety seat belt system for the driver, if under 18 years

28

of age, and every vehicle occupant eight years of age or

29

older but under 18 years of age. [A conviction under this

30

paragraph by State or local law enforcement agencies

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1

shall occur only as a secondary action when a driver of a

2

motor vehicle has been convicted of any other provision

3

of this title. The driver of a passenger automobile shall

4

secure or cause to be secured in a properly adjusted and

5

fastened safety seat belt system any occupant who is

6

eight years of age or older and less than 18 years of

7

age.]

8

(ii)  Except for children under 18 years of age and

9

except as provided in paragraphs (1) and (1.1) and

10

subparagraph (i), each driver and front seat occupant of

11

a passenger car, Class I truck, Class II truck, classic

12

motor vehicle, antique motor vehicle or motor home

13

operated in this Commonwealth shall wear a properly

14

adjusted and fastened safety seat belt system.

15

(iii)  This paragraph shall not apply to:

16

[(i)] (A)  A driver or front seat occupant of any

17

vehicle manufactured before July 1, 1966.

18

[(ii)] (B)  A driver or front seat occupant who

19

possesses a written verification from a physician

20

that he is unable to wear a safety seat belt system

21

for physical or medical reasons, or from a

22

psychiatrist or other specialist qualified to make an

23

informed judgment that he is unable to wear a safety

24

seat belt system for psychological reasons.

25

[(iii)] (C)  A rural letter carrier while

26

operating any motor vehicle during the performance of

27

his duties as a United States postal service rural

28

letter carrier only between the first and last

29

delivery points.

30

[(iv)] (D)  A driver who makes frequent stops and

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1

is traveling less than 15 miles per hour for the

2

purpose of delivering goods or services while in the

3

performance of his duties and only between the first

4

and last delivery points.

5

A violation of this paragraph shall not be subject to the

6

assessment of any points under section 1535 (relating to

7

schedule of convictions and points).

8

(3)  A driver who is under 18 years of age may not

9

operate a motor vehicle in which the number of passengers

10

exceeds the number of available safety seat belts in the

11

vehicle.

12

(b)  Offense.--Anyone who fails to comply with the provisions

13

of subsection (a)(1) or (1.1) shall be guilty of a summary

14

offense with a maximum fine of $100. The court imposing and

15

collecting any such fines shall transfer the fines thus

16

collected to the State Treasurer for deposit in the Child

17

Passenger Restraint Fund, pursuant to section 4582 (relating to

18

Child Passenger Restraint Fund). Anyone who violates subsection

19

(a)(2) or (3) commits a summary offense and shall, upon

20

conviction, be sentenced to pay a fine of $10. No person shall

21

be convicted of a violation of subsection [(a)(2)] (a)(2)(ii) 

22

unless the person is also convicted of another violation of this

23

title which occurred at the same time. No costs as described in

24

42 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for

25

summary conviction of subsection (a)(2) or (3). Conviction under

26

this subsection shall not constitute a moving violation.

27

* * *

28

§ 6101.  Applicability and uniformity of title.

<--

29

(a)  Requirement.--The provisions of this title shall be

30

applicable and uniform throughout this Commonwealth and in all

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1

political subdivisions in this Commonwealth, and no local

2

authority shall enact or enforce any ordinance on a matter

3

covered by the provisions of this title unless expressly

4

authorized.

5

(b)  Sanctions.--When a court of competent jurisdiction

6

determines that an ordinance adopted by a local authority is in

7

violation of subsection (a), the local authority is subject to

8

the following sanctions until the local authority repeals or

9

substantially amends the ordinance to remove the language that

10

was found to be in violation of subsection (a):

11

(1)  Suspension of capital expenditures for bridges and

12

highways.

13

(2)  Suspension of allocation under the act of June 1,

14

1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels

15

Tax Municipal Allocation Law.

16

(3)  Suspension of allocation and apportionment under

17

section 9010(c.1) (relating to disposition and use of tax).

18

(c)  Suspended funds.--Upon notification that the local

19

authority has repealed or substantially amended the ordinance to

20

remove the language that was found to be in violation of

21

subsection (a), the department shall immediately end all

22

sanctions against the local authority and return all suspended

23

funds to the local authority.

24

Section 7.  Section 9010(c) introductory paragraph of Title

25

75 is amended and the section is amended by adding subsections 

26

to read:

27

§ 9010.  Disposition and use of tax.

28

* * *

29

(c)  Allocation of money.--[The] Except as set forth in

30

subsection (c.1), the county commissioners may allocate and

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1

apportion money from the County Liquid Fuels Tax Fund to the

2

political subdivisions within the county in the ratio as

3

provided in this subsection. When the unencumbered balance in

4

the County Liquid Fuels Tax Fund is greater than the receipts

5

for the 12 months immediately preceding the date of either of

6

the reports, the county commissioners shall notify the political

7

subdivisions to make application within 90 days for

8

participation in the redistribution of the unencumbered balance.

9

Redistribution shall be effected within 120 days of the date of

10

either of the reports. The county commissioners may distribute

11

the unencumbered balance in excess of 50% of the receipts for

12

the previous 12 months to the political subdivisions making

13

application in the following manner:

14

* * *

15

(c.1)  Forfeiture.--All money allocated under subsection (c)

16

to a political subdivision which, under section 6109(a)

17

(relating to specific powers of department and local

18

authorities), violates section 6101(a) (relating to

19

applicability and uniformity of title) shall be withheld by the

20

county during the period of time in which the municipality is in

21

violation of section 6101(a).

22

(c.2)  Release funds.--Upon notification that the local

23

authority has repealed or substantially amended the ordinance to

24

remove the language that was found to be in violation of section

25

6101(a), the county shall release those funds withheld by the

26

county and due the local agency.

27

* * *

28

Section 8 7.  This act shall take effect as follows:

<--

29

(1)  The amendment or addition of 75 Pa.C.S. § 9010(c)

30

and (c.1) shall take effect January 1, 2010.

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1

(2)  This section shall take effect immediately.

2

(3)  The remainder of this act shall take effect in 60

3

days.

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