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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WOZNIAK, SOLOBAY, TARTAGLIONE, ERICKSON, YUDICHAK, M. WHITE, BREWSTER, YAW, WASHINGTON AND MENSCH, FEBRUARY 24, 2011 |
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| REFERRED TO TRANSPORTATION, FEBRUARY 24, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, defining "interactive wireless communications |
3 | device"; further providing for junior driver's license and |
4 | for suspension of operating privilege; prohibiting |
5 | interactive wireless communications devices; and further |
6 | providing for duty of driver in construction and maintenance |
7 | areas or on highway safety corridors, for duty of driver in |
8 | emergency response areas, for accident report forms, for |
9 | department to compile, tabulate and analyze accident reports, |
10 | for television equipment and for restraint systems. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | declares that the part of this act that limits the number of |
13 | passengers a junior driver may transport in a motor vehicle at |
14 | one time may be referred to as Lacey's Law in honor of Lacey |
15 | Gallagher. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. Section 102 of Title 75 of the Pennsylvania |
19 | Consolidated Statutes is amended by adding a definition to read: |
20 | § 102. Definitions. |
21 | Subject to additional definitions contained in subsequent |
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1 | provisions of this title which are applicable to specific |
2 | provisions of this title, the following words and phrases when |
3 | used in this title shall have, unless the context clearly |
4 | indicates otherwise, the meanings given to them in this section: |
5 | * * * |
6 | "Interactive wireless communication device." A wireless |
7 | telephone, personal digital assistant, smart phone, portable or |
8 | mobile computer or similar device which can be used for voice |
9 | communication, texting, e-mailing, browsing the Internet or |
10 | instant messaging. The term does not include any of the |
11 | following: |
12 | (1) a device being used exclusively as a global |
13 | positioning or navigation system; |
14 | (2) a system or device that is physically or |
15 | electronically integrated into the vehicle; or |
16 | (3) a communication device that is affixed to a mass |
17 | transit vehicle, bus or school bus. |
18 | * * * |
19 | Section 2. Sections 1503(c) and 1538(e) of Title 75 are |
20 | amended to read: |
21 | § 1503. Persons ineligible for licensing; license issuance to |
22 | minors; junior driver's license. |
23 | * * * |
24 | (c) Junior driver's license.--The department may issue a |
25 | junior driver's license to a person 16 or 17 years of age under |
26 | rules and regulations adopted by the department and subject to |
27 | the provisions of this section. A junior driver's license shall |
28 | automatically become a regular driver's license when the junior |
29 | driver attains 18 years of age. |
30 | (1) Except as provided in paragraph (2), no licensed |
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1 | junior driver shall drive a vehicle upon a public highway |
2 | between 11 p.m. and 5 a.m. unless accompanied by a spouse 18 |
3 | years of age or older, a parent or a person in loco parentis. |
4 | (2) A licensed junior driver conforming to the |
5 | requirements of section 1507 (relating to application for |
6 | driver's license or learner's permit by minor) may drive a |
7 | vehicle upon a public highway between 11 p.m. and 5 a.m. |
8 | between the junior driver's home and activity or employment |
9 | or in the course of the junior driver's activity or |
10 | employment if the junior driver is a member of a volunteer |
11 | fire company authorized by the fire chief to engage in |
12 | fighting fires, is engaged in public or charitable service or |
13 | is employed and is carrying an affidavit or certificate of |
14 | authorization signed by the junior driver's fire chief, |
15 | supervisor or employer indicating the probable schedule of |
16 | the junior driver's activities. Upon termination of the |
17 | junior driver's activity or employment, the junior driver |
18 | shall surrender the affidavit or certificate to the fire |
19 | chief, supervisor or employer. If the junior driver shall |
20 | fail to surrender the affidavit or certificate, the employer, |
21 | fire chief or supervisor shall immediately notify the |
22 | Pennsylvania State Police. |
23 | (2.1) For the first six months after issuance of the |
24 | junior driver's license, a junior driver shall not drive a |
25 | vehicle with more than one passenger under 18 years of age |
26 | who is not a member of the driver's immediate family unless |
27 | the junior driver is accompanied by a parent or legal |
28 | guardian. After the expiration of the first six months, a |
29 | junior driver shall not drive a vehicle with more than three |
30 | passengers under 18 years of age who are not members of the |
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1 | driver's immediate family unless the junior driver is |
2 | accompanied by a parent or legal guardian. A junior driver |
3 | shall not drive a vehicle with more than one passenger under |
4 | 18 years of age who is not a member of the driver's immediate |
5 | family unless the junior driver is accompanied by a parent or |
6 | legal guardian if the junior driver has been involved in an |
7 | accident reportable under section 3746(a) (relating to |
8 | immediate notice of accident to police department) for which |
9 | the junior driver is partially or fully responsible in the |
10 | opinion of the department or has been convicted of any |
11 | violation of this title. For purposes of this subsection, a |
12 | junior driver's immediate family shall include brothers, |
13 | sisters, stepbrothers or stepsisters of the driver, including |
14 | adopted or foster children residing in the same household as |
15 | the junior driver. |
16 | (3) In addition to the other provisions of this title |
17 | relating to the suspension or revocation of operating |
18 | privileges, in the event that a licensed junior driver is |
19 | involved in an accident reportable under section 3746(a) for |
20 | which the junior driver is partially or fully responsible in |
21 | the opinion of the department or is convicted of any |
22 | violation of this title, the department may suspend the |
23 | operating privileges of the junior driver until the junior |
24 | driver attains 18 years of age or for a period of time not |
25 | exceeding 90 days. |
26 | (4) Any junior driver or other person violating any |
27 | provision of this subsection is guilty of a summary offense. |
28 | § 1538. School, examination or hearing on accumulation of |
29 | points or excessive speeding. |
30 | * * * |
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1 | (e) Additional suspension of operating privilege.-- |
2 | (1) In addition to any other provisions of law relating |
3 | to the suspension or revocation of operating privileges, a |
4 | person's operating privileges shall be suspended under any of |
5 | the following circumstances: |
6 | (i) Prior to reaching age 18, the person violates |
7 | section 3362 (relating to maximum speed limits) by |
8 | traveling 26 miles per hour or more over the posted speed |
9 | limit and the violation results in a conviction, guilty |
10 | plea or plea of no contest before or after the person |
11 | reaches age 18. |
12 | (ii) The person accumulates six or more points under |
13 | the provisions of section 1535 (relating to schedule of |
14 | convictions and points) and the violations resulting in |
15 | points accumulation were committed before the person |
16 | reached age 18. |
17 | (2) The first suspension under paragraph (1) shall be |
18 | for a period of 90 days with every subsequent suspension |
19 | under paragraph (1) to be for a period of 120 days. |
20 | Suspensions under paragraph (1) shall be imposed |
21 | consecutively to each other and to any other suspension. A |
22 | suspension under paragraph (1) shall be considered a |
23 | subsequent suspension even if it is imposed contemporaneously |
24 | with a first suspension imposed under paragraph (1). A |
25 | suspension under this paragraph shall be in lieu of a |
26 | suspension under subsection (d)(1). |
27 | (3) An insurer shall treat a suspension of a person |
28 | under this subsection the same as a person over 18 years of |
29 | age for a similar violation for the purpose of automobile |
30 | insurance and may not increase premiums, impose any surcharge |
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1 | or rate penalty or make any driver record point assignment |
2 | for automobile insurance in a manner different from that of a |
3 | person over 18 years of age. |
4 | Section 3. Title 75 is amended by adding a section to read: |
5 | § 3316. Prohibiting interactive wireless communication devices. |
6 | (a) Drivers subject to restriction.--No person with a |
7 | learners' permit or junior driver's license shall drive a motor |
8 | vehicle on a roadway or trafficway in this Commonwealth while |
9 | using an interactive wireless communication device. |
10 | (b) Exceptions.--This section shall not apply to: |
11 | (1) Persons who use an interactive wireless |
12 | communication device to contact a 511 service or 911 system |
13 | or wireless E-911 service, as defined in the act of July 9, |
14 | 1990 (P.L.340, No.78), known as the Public Safety Emergency |
15 | Telephone Act. |
16 | (2) Persons who use an interactive wireless |
17 | communication device when the vehicle is stopped due to |
18 | traffic obstruction and the motor vehicle transmission is in |
19 | neutral or park. |
20 | (3) Operators of emergency vehicles who use an |
21 | interactive wireless communication device for voice |
22 | communication for the purpose of responding to an emergency |
23 | while engaged in the performance of their official duties. |
24 | (4) Volunteer emergency responders who use an |
25 | interactive wireless communication device for voice |
26 | communication for the purpose of responding to an emergency |
27 | while engaged in the performance of their official duties. |
28 | (5) Amateur radio operators who use an interactive |
29 | wireless communication device for voice communication. |
30 | (c) Seizure.--The provisions of this section shall not be |
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1 | construed as authorizing the seizure or forfeiture of an |
2 | interactive wireless communication device, unless otherwise |
3 | provided by law. |
4 | (d) Penalty.--A person who violates subsection (a) commits a |
5 | summary offense and shall, upon conviction, be sentenced to pay |
6 | a fine of $100. |
7 | (e) Secondary action.--A conviction under this section by |
8 | State or local law enforcement agencies shall occur only as a |
9 | secondary action when a driver of a motor vehicle has been |
10 | convicted of violating any other provision of this title. |
11 | (f) Definitions.--As used in this section, the following |
12 | words and phrases shall have the meanings given to them in this |
13 | subsection: |
14 | "Volunteer emergency responder." Any of the following: |
15 | (1) a member of a volunteer ambulance service as defined |
16 | in section 102 of the act of July 31, 2003 (P.L.73, No.17), |
17 | known as the Volunteer Fire Company and Volunteer Ambulance |
18 | Service Grant Act; |
19 | (2) a member of a volunteer fire company as defined in |
20 | section 102 of the Volunteer Fire Company and Volunteer |
21 | Ambulance Service Grant Act; or |
22 | (3) member of a volunteer rescue company as defined in |
23 | section 102 of the Volunteer Fire Company and Volunteer |
24 | Ambulance Service Grant Act. |
25 | Section 4. Sections 3326(c), 3327(e) and 3752(a) of Title 75 |
26 | are amended to read: |
27 | § 3326. Duty of driver in construction and maintenance areas or |
28 | on highway safety corridors. |
29 | * * * |
30 | (c) Fines to be doubled.--For any of the following |
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1 | violations, when committed in an active work zone manned by |
2 | workers acting in their official capacity or on a highway safety |
3 | corridor designated under section 6105.1 (relating to |
4 | designation of highway safety corridors), the fine shall be |
5 | double the usual amount: |
6 | Section 3102 (relating to obedience to authorized persons |
7 | directing traffic). |
8 | Section 3111 (relating to obedience to traffic-control |
9 | devices). |
10 | Section 3112 (relating to traffic-control signals). |
11 | Section 3114 (relating to flashing signals). |
12 | Section 3302 (relating to meeting vehicle proceeding in |
13 | opposite direction). |
14 | Section 3303 (relating to overtaking vehicle on the left). |
15 | Section 3304 (relating to overtaking vehicle on the right). |
16 | Section 3305 (relating to limitations on overtaking on the |
17 | left). |
18 | Section 3306 (relating to limitations on driving on left side |
19 | of roadway). |
20 | Section 3307 (relating to no-passing zones). |
21 | Section 3309 (relating to driving on roadways laned for |
22 | traffic). |
23 | Section 3310 (relating to following too closely). |
24 | Section 3316 (relating to prohibiting interactive wireless |
25 | communication devices). |
26 | Section 3323 (relating to stop signs and yield signs). |
27 | Section 3326 (relating to duty of driver in construction and |
28 | maintenance areas or on highway safety corridors). |
29 | Section 3361 (relating to driving vehicle at safe speed). |
30 | Section 3362 (relating to maximum speed limits). |
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1 | Section 3702 (relating to limitations on backing). |
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 | § 3327. Duty of driver in emergency response areas. |
8 | * * * |
9 | (e) Fines to be doubled.--In addition to any penalty as |
10 | provided in subsection (b), the fine for any of the following |
11 | violations when committed in an emergency response area manned |
12 | by emergency service responders shall be double the usual |
13 | amount: |
14 | Section 3102 (relating to obedience to authorized persons |
15 | directing traffic). |
16 | Section 3111 (relating to obedience to traffic-control |
17 | devices). |
18 | Section 3114 (relating to flashing signals). |
19 | Section 3302 (relating to meeting vehicle proceeding in |
20 | opposite direction). |
21 | Section 3303 (relating to overtaking vehicle on the left). |
22 | Section 3304 (relating to overtaking vehicle on the right). |
23 | Section 3305 (relating to limitations on overtaking on the |
24 | left). |
25 | Section 3306 (relating to limitations on driving on left side |
26 | of roadway). |
27 | Section 3307 (relating to no-passing zones). |
28 | Section 3310 (relating to following too closely). |
29 | Section 3312 (relating to limited access highway entrances |
30 | and exits). |
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1 | Section 3316 (relating to prohibiting interactive wireless |
2 | communication devices). |
3 | Section 3323 (relating to stop signs and yield signs). |
4 | Section 3325 (relating to duty of driver on approach of |
5 | emergency vehicle). |
6 | Section 3361 (relating to driving vehicle at safe speed). |
7 | Section 3707 (relating to driving or stopping close to fire |
8 | apparatus). |
9 | Section 3710 (relating to stopping at intersection or |
10 | crossing to prevent obstruction). |
11 | Section 3714 (relating to careless driving). |
12 | Section 3736 (relating to reckless driving). |
13 | Section 3802 (relating to driving under influence of alcohol |
14 | or controlled substance). |
15 | * * * |
16 | § 3752. Accident report forms. |
17 | (a) Form and content.--The department shall prepare and upon |
18 | request supply to all law enforcement agencies and other |
19 | appropriate agencies or individuals, forms for written accident |
20 | reports as required in this subchapter suitable with respect to |
21 | the persons required to make the reports and the purposes to be |
22 | served. The written report forms shall call for sufficiently |
23 | detailed information to disclose with reference to a vehicle |
24 | accident the cause, conditions then existing and the persons and |
25 | vehicles involved[.], including whether the driver of the |
26 | vehicle was using an interactive wireless communication device |
27 | when the accident occurred, and such other information as the |
28 | department may require. Reports for use by the drivers and |
29 | owners shall also provide for information relating to financial |
30 | responsibility. |
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1 | * * * |
2 | Section 5. Section 3753 of Title 75 is amended by adding a |
3 | subsection to read: |
4 | § 3753. Department to compile, tabulate and analyze accident |
5 | reports. |
6 | * * * |
7 | (b.1) Certain reports.--The department shall annually |
8 | compile and make available to the public information submitted |
9 | on an accident report concerning interactive wireless |
10 | communication devices in motor vehicles involved in traffic |
11 | accidents. The report shall note whether the driver of the motor |
12 | vehicle was using an interactive wireless communication device |
13 | when the accident occurred. The department shall biannually |
14 | compile and make available to the public information submitted |
15 | on an accident report concerning junior drivers with multiple |
16 | passengers under 18 years of age and the use of seat belts by |
17 | drivers and passengers under 18 years of age in motor vehicles |
18 | involved in traffic accidents. The report shall note the number |
19 | of passengers under 18 years of age if the driver involved in |
20 | the accident was a junior driver and whether drivers and |
21 | passengers under 18 years of age utilized a safety belt system. |
22 | The data shall be included in a report submitted to the |
23 | Transportation Committee of the Senate and the Transportation |
24 | Committee of the House of Representatives. |
25 | * * * |
26 | Section 6. Sections 4527 and 4581(a) and (b) of Title 75 are |
27 | amended to read: |
28 | § 4527. [Television] Video receiving equipment. |
29 | (a) General rule.--[No] Except as provided in subsection |
30 | (b), no person shall drive a motor vehicle [operated on a |
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1 | highway shall be] equipped with [television-type] any image |
2 | display device, video receiving equipment, including a receiver, |
3 | a video monitor or a television or video screen capable of |
4 | displaying a television broadcast or video signal that produces |
5 | entertainment or business applications or similar equipment |
6 | which is located in the motor vehicle at any point forward of |
7 | the back of the driver's seat [or otherwise], or which is |
8 | visible, directly or indirectly, to the driver while operating |
9 | the motor vehicle. |
10 | (a.1) Except as provided in subsection (b), no person may |
11 | install in a motor vehicle an image display device intended to |
12 | be visible to a driver in the normal driving position when the |
13 | vehicle is in motion and when restrained by the safety seat belt |
14 | system adjusted in accordance with the manufacturer's |
15 | recommendations. |
16 | (b) Exception.--This section shall not apply to the |
17 | following: |
18 | (1) [Television-type receiving equipment] Image display |
19 | devices in a vehicle used exclusively for safety or law |
20 | enforcement purposes as approved by the Pennsylvania State |
21 | Police. |
22 | (2) [Electronic displays] Image display devices used in |
23 | conjunction with in-vehicle navigation systems, related |
24 | traffic, road and weather information. |
25 | (3) Image display devices that provide vehicle |
26 | information related to the driving task or to enhance or |
27 | supplement the driver's view forward, behind or to the sides |
28 | of the motor vehicle or permit the driver to monitor vehicle |
29 | occupants behind the driver. |
30 | (4) Image display devices that do not display images to |
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1 | the driver while the vehicle is in motion. |
2 | (5) Image display devices which display an image while a |
3 | vehicle is parked. |
4 | (c) Definitions.--As used in this section, the term "image |
5 | display device" means equipment capable of displaying to the |
6 | driver of the motor vehicle: |
7 | (1) a broadcast television image; or |
8 | (2) a visual image, other than text, from a digital |
9 | video disc or other storage device. |
10 | § 4581. Restraint systems. |
11 | (a) Occupant protection.-- |
12 | (1) Any person who is operating a passenger car, Class I |
13 | truck, Class II truck, classic motor vehicle, antique motor |
14 | vehicle or motor home and who transports a child under four |
15 | years of age anywhere in the motor vehicle, including the |
16 | cargo area, shall fasten such child securely in a child |
17 | passenger restraint system, as defined in subsection (d). |
18 | This subsection shall apply to all persons while they are |
19 | operators of motor vehicles where a seating position is |
20 | available which is equipped with a seat safety belt or other |
21 | means to secure the systems or where the seating position was |
22 | originally equipped with seat safety belts. |
23 | (1.1) Any person who is operating a passenger car, Class |
24 | I truck, Class II truck, classic motor vehicle, antique motor |
25 | vehicle or motor home and who transports a child four years |
26 | of age or older but under eight years of age anywhere in the |
27 | motor vehicle, including the cargo area, shall fasten such |
28 | child securely in a fastened safety seat belt system and in |
29 | an appropriately fitting child booster seat, as defined in |
30 | subsection (d). This paragraph shall apply to all persons |
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1 | while they are operators of motor vehicles where a seating |
2 | position is available which is equipped with a seat safety |
3 | belt or other means to secure the systems or where the |
4 | seating position was originally equipped with seat safety |
5 | belts. [A conviction under this paragraph by State or local |
6 | law enforcement agencies shall occur only as a secondary |
7 | action when a driver of a motor vehicle has been convicted of |
8 | violating any other provision of this title.] |
9 | (2) [Except for children under eight years of age and |
10 | except as provided in paragraphs (1) and (1.1), each] |
11 | (i) The driver [and front seat occupant] of a |
12 | passenger car, Class I truck, Class II truck or motor |
13 | home operated in this Commonwealth shall [wear] secure or |
14 | cause to be secured in a properly adjusted and fastened |
15 | safety seat belt system for the driver, if under 18 years |
16 | of age, and every vehicle occupant eight years of age or |
17 | older but under 18 years of age. [A conviction under this |
18 | paragraph by State or local law enforcement agencies |
19 | shall occur only as a secondary action when a driver of a |
20 | motor vehicle has been convicted of any other provision |
21 | of this title. The driver of a passenger automobile shall |
22 | secure or cause to be secured in a properly adjusted and |
23 | fastened safety seat belt system any occupant who is |
24 | eight years of age or older and less than 18 years of |
25 | age.] |
26 | (ii) Except for children under 18 years of age and |
27 | except as provided in paragraphs (1) and (1.1) and |
28 | subparagraph (i), each driver and front seat occupant of |
29 | a passenger car, Class I truck, Class II truck, classic |
30 | motor vehicle, antique motor vehicle or motor home |
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1 | operated in this Commonwealth shall wear a properly |
2 | adjusted and fastened safety seat belt system. |
3 | (iii) This paragraph shall not apply to: |
4 | [(i)] (A) A driver or front seat occupant of any |
5 | vehicle manufactured before July 1, 1966. |
6 | [(ii)] (B) A driver or front seat occupant who |
7 | possesses a written verification from a physician |
8 | that he is unable to wear a safety seat belt system |
9 | for physical or medical reasons, or from a |
10 | psychiatrist or other specialist qualified to make an |
11 | informed judgment that he is unable to wear a safety |
12 | seat belt system for psychological reasons. |
13 | [(iii)] (C) A rural letter carrier while |
14 | operating any motor vehicle during the performance of |
15 | his duties as a United States postal service rural |
16 | letter carrier only between the first and last |
17 | delivery points. |
18 | [(iv)] (D) A driver who makes frequent stops and |
19 | is traveling less than 15 miles per hour for the |
20 | purpose of delivering goods or services while in the |
21 | performance of his duties and only between the first |
22 | and last delivery points. |
23 | A violation of this paragraph shall not be subject to the |
24 | assessment of any points under section 1535 (relating to |
25 | schedule of convictions and points). |
26 | (3) A driver who is under 18 years of age may not |
27 | operate a motor vehicle in which the number of passengers |
28 | exceeds the number of available safety seat belts in the |
29 | vehicle. |
30 | (b) Offense.--Anyone who fails to comply with the provisions |
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1 | of subsection (a)(1) or (1.1) shall be guilty of a summary |
2 | offense with a maximum fine of $100. The court imposing and |
3 | collecting any such fines shall transfer the fines thus |
4 | collected to the State Treasurer for deposit in the Child |
5 | Passenger Restraint Fund, pursuant to section 4582 (relating to |
6 | Child Passenger Restraint Fund). Anyone who violates subsection |
7 | (a)(2) or (3) commits a summary offense and shall, upon |
8 | conviction, be sentenced to pay a fine of $10. No person shall |
9 | be convicted of a violation of subsection [(a)(2)] (a)(2)(ii) |
10 | unless the person is also convicted of another violation of this |
11 | title which occurred at the same time. No costs as described in |
12 | 42 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for |
13 | summary conviction of subsection (a)(2) or (3). Conviction under |
14 | this subsection shall not constitute a moving violation. |
15 | * * * |
16 | Section 7. This act shall take effect in 60 days. |
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