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PRINTER'S NO. 89
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
99
Session of
2015
INTRODUCED BY D. COSTA, KOTIK, READSHAW, KINSEY, THOMAS,
HARKINS, DeLUCA, JAMES AND COHEN, JANUARY 21, 2015
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 21, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in preliminary provisions, further providing for
definitions; in rules of the road in general, providing for
solid waste collection vehicles; in miscellaneous provisions,
further providing for the offense of homicide by vehicle and
for the offense of aggravated assault by vehicle; and, in
lighting equipment, further providing for use and display of
illuminated signs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Solid waste collection vehicle." A vehicle used for the
curbside collection of municipal solid waste.
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* * *
Section 2. Title 75 is amended by adding a section to read:
§ 3329. Solid waste collection vehicles.
(a) General rule.--Upon approaching and passing a stationary
solid waste collection vehicle that is giving a visual signal by
means of flashing, rotating or oscillating lights as required
under section 4307(d.1) (relating to use and display of
illuminated signs), the driver of an approaching vehicle shall
reduce to and maintain a safe speed for weather, road conditions
and vehicular or pedestrian traffic and proceed with due care
and caution.
(b) Penalty.--Any person violating subsection (a) commits a
summary offense and shall, upon conviction, pay a fine of not
more than $250.
(c) Fines to be doubled.--In addition to any penalty
provided in subsection (b), the fine shall be double for any of
the following violations committed in an area where sanitation
workers are at risk from traffic and the operator knows or
should know that sanitation workers are present:
Section 3102 (relating to obedience to authorized
persons directing traffic).
Section 3111 (relating to obedience to traffic-
control devices).
Section 3112 (relating to traffic-control signals).
Section 3114 (relating to flashing signals).
Section 3302 (relating to meeting vehicle proceeding
in opposite direction).
Section 3303 (relating to overtaking vehicle on the
left).
Section 3304 (relating to overtaking vehicle on the
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right).
Section 3305 (relating to limitations on overtaking
on the left).
Section 3306 (relating to limitations on driving on
left side of roadway).
Section 3307 (relating to no-passing zones).
Section 3309 (relating to driving on roadways laned
for traffic).
Section 3310 (relating to following too closely).
Section 3323 (relating to stop signs and yield
signs).
Section 3326 (relating to duty of driver in
construction and maintenance areas or on highway safety
corridors or on highway safety corridors).
Section 3361 (relating to driving vehicle at safe
speed).
Section 3362 (relating to maximum speed limits).
Section 3702 (relating to limitations on backing).
Section 3714 (relating to careless driving).
Section 3736 (relating to reckless driving).
Section 3802 (relating to driving under influence of
alcohol or controlled substance).
(d) Reports by solid waste collection workers.--
(1) A solid waste collection worker observing a
violation of subsection (a) may prepare a written, signed
report which indicates that a violation has occurred. To the
extent possible, the report shall include the following
information:
(i) Information pertaining to the identity of the
alleged violator.
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(ii) The license number and color of the vehicle
involved in the violation.
(iii) The time and approximate location at which the
violation occurred.
(iv) Identification of the vehicle as an automobile,
station wagon, motor truck, motor bus, motorcycle or
other type of vehicle.
(2) Within 48 hours after the violation occurs, the
solid waste collection worker shall deliver a copy of the
report to a police officer having authority to exercise
police power in the area where the violation occurred subject
to the following:
(i) If the police officer believes that the report
established a sufficient basis for the issuance of a
citation, the officer shall file a citation and a copy of
the report with the issuing authority.
(ii) If the issuing authority determines that the
report and citation establish a sufficient basis for the
issuance of a summons, a summons shall be issued in
accordance with general rules governing the institution
of proceedings in summary traffic offense cases.
(iii) The issuing authority shall send the defendant
a copy of the citation, together with a statement that it
was filed by the police officer named in the citation on
the basis of information received.
(3) A person may institute a proceeding pursuant to this
subsection or in accordance with any means authorized by the
Pennsylvania Rules of Criminal Procedure.
Section 3. Sections 3732(b) and 3732.1(b) of Title 75 are
amended to read:
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§ 3732. Homicide by vehicle.
* * *
(b) Sentencing--
(1) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) may be
sentenced to an additional term not to exceed five years'
confinement if at trial the prosecution proves beyond a
reasonable doubt that the offense occurred in an active work
zone.
(1.1) In addition to any other penalty provided by law,
a person convicted of a violation of subsection (a) as the
result of a violation of section 3325 (relating to duty of
driver on approach of emergency vehicle) [or], 3327 (relating
to duty of driver in emergency response areas) or 3329(a)
(relating to solid waste collection vehicles) and who is
convicted of violating section 3325 [or], 3327 or 3329(a) may
be sentenced to an additional term not to exceed five years'
confinement when the violation resulted in death.
(2) The prosecution must indicate intent to proceed
under this section in the indictment or information which
commences the prosecution.
(3) The Pennsylvania Commission on Sentencing, pursuant
to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentencing enhancement for
an offense under this section when the violation occurred in
an active work zone or was the result of a violation of
section 3325 [or], 3327 or 3329(a).
§ 3732.1. Aggravated assault by vehicle.
* * *
(b) Sentencing.--
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(1) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) may be
sentenced to an additional term not to exceed two years'
confinement if at trial the prosecution proves beyond a
reasonable doubt that the offense occurred in an active work
zone.
(2) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) as the
result of a violation of section 3325 (relating to duty of
driver on approach of emergency vehicle) [or], 3327 (relating
to duty of driver in emergency response areas) or 3329(a)
(relating to solid waste collection vehicles) and who is
convicted of violating section 3325 [or], 3327 or 3329(a) may
be sentenced to an additional term not to exceed two years'
confinement when the violation resulted in serious bodily
injury.
(3) The prosecution must indicated intent to proceed
under this section in the indictment or information which
commences the prosecution.
(4) The Pennsylvania Commission on Sentencing, under 42
Pa.C.S. § 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentencing enhancement for
an offense under this section when the violation occurred in
an active work zone or was the result of a violation of
section 3325 [or], 3327 or 3329(a).
Section 4. Section 4307 of Title 75 is amended by adding a
subsection to read:
§ 4307. Use and display of illuminated signs.
* * *
(d.1) Solid waste collection vehicle.--A solid waste
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collection vehicle shall be equipped with flashing, rotating or
oscillating lights that can be seen by traffic moving in both
directions.
* * *
Section 5. This act shall take effect in 60 days.
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