Regular Session 2015-2016 House Bill 2295 P.N. 3779

PRINTER'S NO. 3779

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2295

Session of

2015

INTRODUCED BY SIMMONS, BAKER, MACKENZIE, MURT, YOUNGBLOOD, COOK-

ARTIS, RAPP, HARHART, SANKEY, SAYLOR, REED AND CHRISTIANA,

AUGUST 19, 2016

REFERRED TO COMMITTEE ON TRANSPORTATION, AUGUST 19, 2016

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in registration of vehicles, providing for

expectant mother or parent of young child placard; in rules

of the road in general, further proving for additional

parking regulations; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The headings of Chapter 13 and Subchapter B of

Chapter 13 of Title 75 of the Pennsylvania Consolidated Statutes

are amended to read:

CHAPTER 13

REGISTRATION OF VEHICLES AND ISSUANCE OF PARKING PLACARDS

SUBCHAPTER B

REGISTRATION PLATES AND PARKING PLACARDS

Section 2. Title 75 is amended by adding a section to read:

§ 1338.1. Expectant mother or parent of young child placard.

(a) Application.--On the application of an individual who is

pregnant or is the parent of a child under 36 months of age, the

department shall issue one special parking placard, of such size

and design as the department shall specify, that designates the

vehicle in which it is displayed as being used for the

transportation of expectant mothers or parents with children

under 36 months of age.

(b) Duration of placard.--The following shall apply:

(1) A placard issued for an individual qualifying under

subsection (a) shall expire on the date which is six months

after the individual's due date, as estimated by the health

care provider under subsection (d).

(2) A placard issued for an individual qualifying under

subsection (a) shall expire on the date which is 36 months

after the birth of the individual's child.

(1) When a vehicle of an individual who has obtained a

placard under this section is utilizing a parking space

reserved for expectant mothers or parents with children under

36 months of age, the placard shall be prominently displayed

as provided under paragraph (2).

(2) A placard shall be hung from the front windshield

rearview mirror of a vehicle. If the vehicle does not have a

rearview mirror, or if the placard is not designed in such a

manner to accommodate hanging from a rearview mirror, the

placard shall be displayed on the dashboard of the vehicle. A

placard shall only be hung or displayed when the vehicle is

utilizing a parking space reserved for expectant mothers or

parents with children under 36 months of age.

(d) Health care provider's statement.--An individual

applying for a placard under this section must present a

statement, certified by a physician, physician assistant or

certified registered nurse practitioner licensed or certified to

20160HB2295PN3779 - 2 -

practice in this Commonwealth or in a contiguous state, that the

individual is an expectant mother or parent with a child under

36 months of age.

(e) Return of placard.--The following shall apply:

(1) If an individual to whom a placard has been issued

under this section no longer qualifies for a placard under

this section, the placard shall be void 30 days after the

individual no longer qualifies for the placard. The placard

shall not be displayed in any vehicle.

(2) The individual or, if the individual is deceased,

the individual's personal representative shall return the

placard to the department. If the individual is deceased and

there is no personal representative, the spouse or, if there

is no spouse, the next of kin of the deceased shall return

the placard to the department.

(f) Penalty.--An individual violating this section commits a

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

a fine of not more than $100.

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

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

subsection unless the context clearly indicates otherwise:

"Parent." As defined under 23 Pa.C.S. § 6303 (relating to

definitions).

Section 3. Section 3354(d), (e), (f) and (g) of Title 75 are

amended to read:

§ 3354. Additional parking regulations.

* * *

(d) Person with a disability [and], disabled veterans and

expectant mothers and parents of young children.--

(1) When a motor vehicle bearing a person with a

20160HB2295PN3779 - 3 -

disability or severely disabled veteran plate or displaying a

person with a disability or severely disabled veteran parking

placard as prescribed in this title is being operated by or

for the transportation of the person with a disability or

severely disabled veteran, the driver shall be relieved of

any liability for parking for a period of 60 minutes in

excess of the legal parking period permitted by local

authorities except where local ordinances or police

regulations provide for the accommodation of heavy traffic

during morning, afternoon or evening hours.

(2) At the request of a person with a disability or

severely disabled veteran, local authorities may erect on the

highway as close as possible to the person's or veteran's

place of residence a sign or signs indicating that that place

is reserved for a person with a disability or severely

disabled veteran, that no parking is allowed there by others,

and that any unauthorized person parking there shall be

subject to a fine and may be towed. The absence of a sign

stating the penalty amount indicated in subsection (f) at

parking spaces designated with an international symbol for

access for persons with disabilities on a sign shall not

preclude the enforcement of this subsection. A vehicle may

only be towed under this paragraph if the parking space is

posted with a sign indicating that vehicles in violation of

this section may be towed.

(3) (i) Except for persons parking vehicles lawfully

bearing a person with a disability or severely disabled

veteran registration plate or displaying a person with a

disability or severely disabled veteran parking placard

when such vehicles are being operated by or for the

20160HB2295PN3779 - 4 -

transportation of a person with a disability or a

severely disabled veteran, no person shall park a vehicle

on public or private property reserved for a person with

a disability or severely disabled veteran which property

has been so posted in accordance with departmental

regulations. Regulations shall require that parking

spaces designated with an international symbol for access

for persons with disabilities on a sign are posted with a

sign stating the penalty amount indicated in subsection

(f) and that vehicles in violation of the subsection may

be towed and require that signs be replaced when they

become either obsolete or missing with all costs to

replace the necessary signs to be borne by the persons

responsible for signing the particular location. The

absence of a sign stating the penalty amount at parking

spaces designated with an international symbol for access

for persons with disabilities shall not preclude the

enforcement of this subsection. A vehicle which is

unlawfully parked in a designated person with a

disability parking area may be removed from that area by

towing and may be reclaimed by the vehicle owner upon

payment of the towing costs. A vehicle may only be towed

under this paragraph if the parking space is posted with

a sign indicating that vehicles in violation of this

section may be towed.

(ii) Local authorities shall have the power and may,

by ordinance or resolution, authorize a person with a

disability and severely disabled veterans to issue

statements to violators or violating vehicles for

violation of subparagraph (i). The form of the statement

20160HB2295PN3779 - 5 -

shall be as prescribed by the local authorities.

(iii) No occupancy or driveway permit may be issued

to a person whose property is reserved for a person with

a disability or a severely disabled veteran if the

property is not posted with a sign stating the penalty

amount indicated in subsection (f).

(4) Except for persons parking vehicles lawfully bearing

an expectant mother or parent of young child placard when

such vehicles are being operated by or for the transportation

of an expectant mother or a parent with a child under 36

months of age, no person shall park a vehicle on public or

private property reserved for expectant mothers and parents

with children under the age of 36 months which property has

been so posted in accordance with departmental regulations.

Regulations shall require that parking spaces designated with

a symbol for expectant mothers and parents of young children

on a sign are posted with a sign stating the penalty amount

indicated in subsection (f) and that vehicles in violation of

the subsection may be towed and require that signs be

replaced when they become either obsolete or missing with all

costs to replace the necessary signs to be borne by the

persons responsible for signing the particular location. The

absence of a sign stating the penalty amount at parking

spaces designated with a symbol for expectant mothers and

parents of young children shall not preclude the enforcement

of this subsection. A vehicle which is unlawfully parked in a

designated expectant mothers or parents of young children

area may be removed from that area by towing and may be

reclaimed by the vehicle owner upon payment of the towing

costs. A vehicle may only be towed under this paragraph if

20160HB2295PN3779 - 6 -

the parking space is posted with a sign indicating that

vehicles in violation of this section may be towed.

(e) Unauthorized use.--An operator of a vehicle bearing a

person with a disability or severely disabled veteran plate or

displaying a person with a disability or severely disabled

veteran parking placard or an expectant mother or parent of

young child placard shall not make use of the parking privileges

accorded to a person with a disability and severely disabled

veterans under subsection (d)(3) or expectant mothers or parents

of young children under subsection (d)(4) unless the operator is

a person with a disability [or], a severely disabled veteran or

an expectant mother or parent of a young child or unless the

vehicle is being operated for the transportation of a person

with a disability [or], severely disabled veteran or expectant

mother or parent of a young child.

* * *

(f) Penalty.--A person violating subsection (a), (b) or (d)

(1) is guilty of a summary offense and shall, upon conviction,

be sentenced to pay a fine of not more than $15. A person

violating subsection (d)(2) [or], (3) or (4) or (e) is guilty of

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

pay a fine of not less than $50 nor more than $200. If a person

is convicted under subsection (d)(2) [or], (3) or (4) in the

absence of a sign stating the penalty amount, the fine imposed

may not exceed $50.

(g) Special penalty; disposition.--

(1) In addition to any other penalty imposed under this

section, a person who is convicted of violating subsection

(d)(2) or (3) shall be sentenced to pay a fine of $50.

(2) All fines collected under this subsection shall be

20160HB2295PN3779 - 7 -

disposed of as follows:

(i) Ninety-five percent shall be paid to the

Department of Revenue, transmitted to the Treasury

Department and credited to the Department of [Public

Welfare] Human Services for use for the Attendant Care

Program.

(ii) Five percent shall be paid to the municipality

in which the offense occurred.

Section 4. This act shall take effect in 60 days.

20160HB2295PN3779 - 8 -