1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in snowmobiles and all-terrain vehicles, further
3providing for definitions, for registration of snowmobile or
4ATV, for certificate of title for snowmobile or ATV, for
5operation by persons under age sixteen and for head lamps and
6tail lamps.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The definition of "all-terrain vehicle" or "ATV"
10in section 7702 of Title 75 of the Pennsylvania Consolidated
11Statutes is amended and the section is amended by adding
12definitions to read:

13§ 7702. Definitions.

14The following words and phrases when used in this chapter
15shall have, unless the context clearly indicates otherwise, the
16meanings given to them in this section:

17"All-terrain vehicle" or "ATV." A motorized off-highway
18vehicle which travels on three or more inflatable tires and
19which has:

1(1) a maximum width of 50 inches and a maximum dry
2weight of 1,000 pounds; or

3(2) a width which exceeds 50 inches or a dry weight
4which exceeds 1,000 pounds.

5ATV's described in paragraph (1) may be referred to as Class I
6ATV's, and ATV's described in paragraph (2) may be referred to
7as Class II ATV's. The term includes an off-highway motorcycle 
8or trail bike. This term does not include snowmobiles, trail
9bikes, motorboats, golf carts, aircraft, dune buggies,
10automobiles, construction machines, trucks or home utility
11machines; military, fire, emergency and law enforcement
12vehicles; implements of husbandry; multipurpose agricultural
13vehicles; vehicles used by the department; or any vehicle that
14is or is required to be registered under Chapter 13 (relating to
15registration of vehicles). In addition, this term does not
16include off-road motor vehicles used exclusively as utility
17vehicles for agricultural or business operations and
18incidentally operated or moved upon the highway.

19* * *

20"Off-highway motorcycle" or "OHM." A dual sport motorcycle.

21* * *

22"Trail bike." An unlicensed motorcycle used for off-highway
23riding.

24* * *

25Section 2. Sections 7711.1(f) and 7712.1(b) of Title 75 are
26amended to read:

27§ 7711.1. Registration of snowmobile or ATV.

28* * *

29(f) Exemptions from registration.--Subsection (a) does not
30apply if:

1(1) The snowmobile or ATV is owned by or in the
2possession of a dealer who has been issued a dealer
3registration certificate, dealer registration plates and
4dealer plate registration cards under section 7711 (relating
5to registration of dealers), the dealer is in compliance with
6section 7711 and the snowmobile or ATV is used in accordance
7with section 7711.

8(2) The snowmobile or ATV is owned and used by the
9United States or another state or a political subdivision
10thereof, in which case the snowmobile or ATV shall display
11the name of the owner in a manner prescribed by the
12department.

13(3) The snowmobile or ATV is operated on land owned or
14leased by the owner or operator of the snowmobile or ATV and
15it is not operated elsewhere within this Commonwealth.

16(4) The owner of the snowmobile or ATV is not a resident
17of this Commonwealth and the operator presents proof that the
18snowmobile or ATV has been properly registered in another
19jurisdiction that exempts from its registration requirements
20persons who have obtained proper registration under this
21chapter.

22(5) The snowmobile is a vintage snowmobile.

23(6) The ATV is an off-highway motorcycle registered with
24the department and has affixed to it a valid expiration
25sticker.

26§ 7712.1. Certificate of title for snowmobile or ATV.

27* * *

28(b) Exemptions from titling.--No certificate of title is
29required for:

30(1) A snowmobile or ATV that was registered prior to the

1effective date of this section.

2(2) A snowmobile or ATV owned by the United States
3unless a general registration certificate has been issued
4therefor.

5(3) A new snowmobile or ATV owned by a dealer before and
6until sale.

7(4) A snowmobile or ATV owned by a nonresident of this
8Commonwealth and not required by law to be registered in this
9Commonwealth.

10(5) A snowmobile or ATV owned by a resident of this
11Commonwealth and required by law to be registered in another
12state, based and used principally outside of this
13Commonwealth and not required by law to be registered in this
14Commonwealth.

15(6) An ATV that is an off-highway motorcycle with a
16valid certificate of title issued by the department.

17* * *

18Section 3. Section 7725(c) of Title 75 is amended and the
19section is amended by adding subsections to read:

20§ 7725. Operation by persons under age sixteen.

21* * *

22(c) Snowmobile and ATV safety certification.--No person 8 to
2315 years of age shall operate [an] a Class I or Class II ATV and
24no person between 10 and 15 years of age shall operate a
25snowmobile in this Commonwealth unless the person satisfies one
26of the following conditions:

27(1) Is under the direct supervision of a certified
28snowmobile or ATV safety instructor during a safety training
29course.

30(2) Is on land owned or leased by a parent or legal

1guardian.

2(3) Has received safety training as prescribed by the
3department and has received the appropriate safety
4certificate issued by the department.

5(4) Holds an appropriate safety certificate issued under
6the authority of another state or Province of Canada and
7recognized by the department.

8(c.1) OHM safety certification.--No person under 16 years of
9age shall operate an off-highway motorcycle in this Commonwealth
10unless the person satisfies one of the following conditions:

11(1) Is under the direct supervision of a certified OHM
12safety instructor during a safety training course.

13(2) Is on land owned or leased by a parent or legal
14guardian.

15(3) Has received safety training as prescribed by the
16department and has received the appropriate safety
17certificate issued by the department.

18(4) Has an appropriate exemption under subsection (c.2).

19(5) Holds an appropriate safety certificate issued under
20the authority of another state or province of Canada and
21recognized by the department.

22(c.2) Department to develop OHM safety certification.--

23(1) The department shall develop and publish in the
24Pennsylvania Bulletin OHM safety training and certification
25standards within one year of the effective date of this
26subsection.

27(2) The department shall exempt from this requirement
28persons under 16 years of age who can provide proof of
29successful completion of OHM training provided by a certified
30ATV safety instructor. This paragraph shall expire upon

1publication of the standards required by paragraph (1).

2* * *

3Section 4. Section 7741 of Title 75 is amended by adding a
4subsection to read:

5§ 7741. Head lamps and tail lamps.

6* * *

7(d) Construction.--Nothing in this section shall be
8construed to require that ATVs be equipped with headlamps or
9tail lamps as a requirement of sale.

10Section 5. This act shall take effect in 60 days.