PRIOR PRINTER'S NO. 2531
PRINTER'S NO. 2849
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1703
Session of
2015
INTRODUCED BY MILLARD, COHEN, D. COSTA, DIAMOND, GABLER,
GIBBONS, HELM, HICKERNELL, KIRKLAND, McNEILL, MOUL, TALLMAN,
THOMAS, VEREB, YOUNGBLOOD AND ZIMMERMAN, NOVEMBER 16, 2015
AS REPORTED FROM COMMITTEE ON TOURISM AND RECREATIONAL
DEVELOPMENT, HOUSE OF REPRESENTATIVES, AS AMENDED,
FEBRUARY 10, 2016
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in snowmobiles and all-terrain vehicles, further
providing for operation by persons under age sixteen AND FOR
MUFFLERS AND NOISE CONTROL.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7725(b.1) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
SECTION 1. SECTIONS 7725(B.1) AND (D) AND 7743(A) OF TITLE
75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO
READ:
§ 7725. Operation by persons under age sixteen.
* * *
(b.1) ATV size restrictions.--[An ATV operated in this
Commonwealth by a person eight or nine years of age shall have
an engine size of 70cc or less.] No person shall operate an ATV
bearing a certification label conforming to ANSI/SVIA 1 - 2010
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in violation of the age recommendation warning label affixed by
the manufacturer. An ATV not bearing a certification label
conforming to ANSI/SVIA 1 - 2010 operated in this Commonwealth
by a person eight or nine years of age shall have an engine size
of 70cc or less.
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(D) FAILURE TO EXHIBIT CERTIFICATE.--[THE FAILURE OF SUCH A
YOUTHFUL OPERATOR TO EXHIBIT THE APPROPRIATE SAFETY CERTIFICATE,
UPON DEMAND, TO ANY LAW ENFORCEMENT OFFICER HAVING AUTHORITY TO
ENFORCE THE PROVISIONS OF THIS SECTION SHALL BE PRESUMPTIVE
EVIDENCE THAT SUCH PERSON IS NOT THE HOLDER OF SUCH
CERTIFICATE.] WITHIN FIVE DAYS OF RECEIVING NOTICE OF A
VIOLATION OF THIS SECTION, A YOUTHFUL OPERATOR SHALL PRESENT THE
APPROPRIATE SAFETY CERTIFICATE THAT WAS VALID AT THE TIME OF
DEMAND AT THE OFFICE OF THE ISSUING AUTHORITY. UPON PRESENTATION
OF THE SAFETY CERTIFICATE, THE ISSUING AUTHORITY SHALL DISMISS
THE CHARGE.
* * *
§ 7743. MUFFLERS AND [NOISE] SOUND CONTROL.
(A) GENERAL RULE.--IT IS UNLAWFUL TO OPERATE A SNOWMOBILE OR
AN ATV WHICH IS NOT EQUIPPED AT ALL TIMES WITH A MUFFLER IN GOOD
WORKING ORDER WHICH BLENDS THE EXHAUST [NOISE] SOUND INTO THE
OVERALL SNOWMOBILE OR ATV [NOISE] SOUND AND IS IN CONSTANT
OPERATION TO PREVENT EXCESSIVE OR UNUSUAL NOISE. THE EXHAUST
SYSTEM SHALL NOT EMIT OR PRODUCE A SHARP POPPING OR CRACKLING
SOUND. THE SOUND INTENSITY PRODUCED BY A SNOWMOBILE SHALL NOT
EXCEED 82DBA WHEN MEASURED IN ACCORDANCE WITH SAE RECOMMENDED
PRACTICE J 192 EXTERIOR SOUND LEVEL FOR SNOWMOBILES, AS AMENDED.
THE DEPARTMENT MAY BY REGULATION ADOPT MORE STRINGENT NOISE
REQUIREMENTS FOR SNOWMOBILES. THE DEPARTMENT SHALL BY REGULATION
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ADOPT NOISE REQUIREMENTS FOR IN-USE OPERATION OF ATV'S USING
MEASUREMENT PROCEDURES IN ACCORDANCE WITH ANSI/SAE RECOMMENDED
PRACTICE J 1287 [MARCH 1982] JULY 1998, MEASUREMENT OF EXHAUST
LEVEL OF STATIONARY MOTORCYCLES. THE SOUND LEVEL INTENSITY
PRODUCED BY AN ATV MANUFACTURED BEFORE JANUARY 1, 1998, SHALL
NOT EXCEED 99DBA, OR DECIBELS, WHEN MEASURED AT 20 INCHES. THE
SOUND LEVEL INTENSITY PRODUCED BY AN ATV MANUFACTURED ON OR
AFTER JANUARY 1, 1998, SHALL NOT EXCEED 96DBA, OR DECIBELS, WHEN
MEASURED AT 20 INCHES.
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Section 2. This act shall take effect immediately.
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