Regular Session 2015-2016 Senate Bill 1088 P.N. 1473

PRINTER'S NO. 1473

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1088

Session of

2015

INTRODUCED BY WOZNIAK, COSTA, MENSCH, WAGNER, GORDNER, STEFANO

AND YUDICHAK, DECEMBER 11, 2015

REFERRED TO TRANSPORTATION, DECEMBER 11, 2015

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in snowmobiles and all-terrain vehicles, further

providing for short title of chapter, for definitions, for

restricted account, for registration of dealers, for

registration or snowmobile or ATV, for limited registration

snowmobile or ATV, for certificate of title for snowmobile or

ATV, for transfer to or from dealer, for transfer of

snowmobile or ATV by operation of law, for issuance of new

certificate following transfer, for suspension and

cancellation of certificate of title, for application for

certificate of title by agent, for perfection of security

interest in a snowmobile or ATV, for satisfaction of security

interest, for release of security interest, for assignment by

secured party of security interest, for snowmobile or ATV

purchased from dealer, for fees, for records, for snowmobile

and ATV Advisory Committee, for operation on streets and

highways, for designation of snowmobile or ATV roads, for

special snowmobile or ATV events, for operation on private or

State property, for operation by persons under age sixteen,

for operation in safe manner, for additional limitations on

operation, for accidents and accident reports, for liability

of owner for negligence, for liability insurance, for head

lamps and tail lamps, for brakes, for mufflers and noise

control, for enforcement personnel and procedures and for

penalties for violation of chapter; and making editorial

changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The heading of Chapter 77 of Title 75 of the

Pennsylvania Consolidated Statutes is amended to read:

CHAPTER 77

SNOWMOBILES [AND], ALL-TERRAIN VEHICLES AND OFF-HIGHWAY

MOTORCYCLES

Section 2. Section 7701 of Title 75 is amended to read:

§ 7701. Short title of chapter.

This chapter shall be known and may be cited as the

Snowmobile [and], All-Terrain Vehicle and Off-Highway Motorcycle

Law.

Section 3. The definition of "all-terrain vehicle" or "ATV"

in section 7702 of Title 75 is amended and the section is

amended by adding a definition to read:

§ 7702. Definitions.

The following words and phrases when used in this chapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

"All-terrain vehicle" or "ATV." A motorized off-highway

vehicle which travels on three or more off-highway tires and

which has:

(1) a maximum width of 50 inches and a maximum dry

weight of 1,200 pounds; or

(2) a width which exceeds 50 inches or a dry weight

which exceeds 1,200 pounds.

ATV's described in paragraph (1) may be referred to as Class I

ATV's, and ATV's described in paragraph (2) may be referred to

as Class II ATV's. This term does not include snowmobiles,

[trail bikes,] off-highway motorcycles, motorboats, golf carts,

aircraft, dune buggies, automobiles, construction machines,

trucks or home utility machines; military, fire, emergency and

law enforcement vehicles; implements of husbandry; multipurpose

agricultural vehicles; vehicles used by the department; or any

20150SB1088PN1473 - 2 -

vehicle that is or is required to be registered under Chapter 13

(relating to registration of vehicles). In addition, this term

does not include off-road motor vehicles used exclusively as

utility vehicles for agricultural or business operations and

incidentally operated or moved upon the highway.

* * *

"Off-highway motorcycle" or "OHM." A motor vehicle that

meets all of the following criteria:

(1) The motor vehicle is for use off the roads and

highways of this Commonwealth.

(2) The motor vehicle has a seat or saddle for the use

of the rider.

(3) The motor vehicle is designed to travel with not

more than two wheels in contact with the ground.

* * *

Section 4. Sections 7706(a)(1) and (2) and (b)(1) and (3),

7711(a) and (e) introductory paragraph, (3) and (4), 7711.1(a)

introductory paragraph, (1), (2) and (4), (b) introductory

paragraph, (1) and (2), (d)(2) and (f)(1), (2), (3) and (4),

7711.2 heading, (a) introductory paragraph and (2), (b) and (d),

7712.1 heading, (a), (b), (c), (d), (g), (h)(2) and (3) and (j),

7712.2(a), (b), (c) introductory paragraph and (d), 7712.3

heading, (a) and (c), 7712.5(c), 7712.6(a) and (b), 7712.7(a)

and (c), 7712.8 heading, (a), (b) and (c), 7712.9(a) and (b),

7712.10, 7712.12(a), 7712.13, 7715.1 heading and (a), 7715.2(a)

(5) and (b) introductory paragraph, 7716(1) and (2), 7717

heading, (a), (b), (e)(1) and (2) and (f), 7721(a), (b)

introductory paragraph and (c) introductory paragraph and (2),

7722 heading, (a) and (c), 7723, 7724(a) and (b)(1) and (2)(i)

and (ii)(B) and (C) are amended to read:

20150SB1088PN1473 - 3 -

§ 7706. Restricted account.

(a) Deposit and use of moneys.--

(1) The department shall deposit the following into a

restricted account, which is hereby established:

(i) all moneys received from the registration of and

issuance of certificates of title for snowmobiles [and],

ATV's and OHM's and from the issuance of vintage

snowmobile permits;

(ii) all revenue from the sale of any publications

or services relating to snowmobiles and ATV's; and

(iii) all fines, penalties, fees and costs assessed

and collected as a result of enforcement activities

conducted by the department's law enforcement personnel

under this chapter.

(2) The department shall draw moneys from the restricted

account for use in performing any activities necessary to

carry out the purposes of this chapter, including

registration and certificate of title activities, training,

education, enforcement activities, construction and

maintenance of snowmobile [and], ATV and OHM trails and

acquisition of equipment, supplies and interests in land. All

moneys deposited in this account shall remain in it to be

used as specified in this section.

* * *

(b) Grant-in-aid.--The department shall, upon written

application and subsequent approval, grant money from the

restricted account:

(1) To municipalities and profit and nonprofit

organizations in connection with snowmobile [and], ATV and

OHM use on lands [not owned by the Commonwealth] for the

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following:

(i) Plans, specifications and engineering surveys.

(ii) Fees and costs related to the preparation or

performance of right-of-way lease agreements.

(iii) Land acquisition.

(iv) Construction, maintenance and rehabilitation of

trails and other facilities for snowmobiles [and], ATV's

and OHM's.

* * *

(3) To profit and nonprofit organizations for the

maintenance and rehabilitation, but not the construction, of

snowmobile [and], ATV and OHM trails on land owned by the

Commonwealth.

* * *

§ 7711. Registration of dealers.

(a) General rule.--A person who is in the business of

selling snowmobiles [or], ATV's or OHM's in this Commonwealth

shall register with the department as a dealer. A person who is

in the business of selling snowmobiles [or], ATV's or OHM's

outside this Commonwealth may register with the department as a

dealer.

* * *

(e) Use of dealer registration plates.--A dealer may operate

or permit to be operated within this Commonwealth a snowmobile

[or], ATV or OHM owned by or in the possession of the dealer if:

* * *

(3) There is displayed on the snowmobile [or], ATV or

OHM in a manner prescribed by the department a valid dealer

registration plate issued to the dealer under this section

(4) The snowmobile [or], ATV or OHM is operated only for

20150SB1088PN1473 - 5 -

the purpose of demonstration or testing in connection with

the dealer's business.

§ 7711.1. Registration of snowmobile or ATV.

(a) General rule.--Except as otherwise provided in

subsection (f), it is unlawful for a person to operate or for an

owner to permit another person to operate a snowmobile [or], an

ATV or OHM unless:

(1) There is carried on the snowmobile [or], ATV or OHM

a valid registration certificate issued therefor pursuant to

subsection (b).

(2) There is displayed on the snowmobile a registration

decal, or on the ATV or OHM a registration plate, issued

therefor pursuant to subsection (b).

* * *

(4) There is displayed on the snowmobile [or], ATV or

OHM a valid expiration sticker issued therefor pursuant to

subsection (b).

* * *

(b) Issuance.--Upon receipt of an application therefor upon

a form prescribed and furnished by the department which shall

contain information reasonably required by the department and

which shall be accompanied by the required fee, the department

shall issue to the owner of a snowmobile [or], ATV or OHM:

(1) A biennial registration certificate containing the

registration number for the snowmobile [or], ATV or OHM and

the expiration date of the registration.

(2) A registration decal displaying the registration

number for a snowmobile or a registration plate displaying

the registration number for an ATV or OHM.

* * *

20150SB1088PN1473 - 6 -

(d) Expiration of registration.--

* * *

(2) Upon transfer of ownership of a snowmobile [or], ATV

or OHM during a registration period, the registration

certificate and expiration sticker shall expire. The

transferor shall, within 15 days from the date of transfer,

return to the department the registration certificate with

the date of transfer and the name and address of the new

owner endorsed on the back. If the transferor applies for

registration of a different snowmobile [or], ATV or OHM and

pays the required transfer fee, the transferor may be issued

in the name of the transferor a registration certificate and

expiration sticker for that snowmobile [or], ATV or OHM for

the remainder of the registration period without payment of a

registration fee. The registration decal or plate shall not

be removed from a snowmobile [or], ATV or OHM upon transfer

to the new owner and is invalid until the new owner is issued

a registration certificate or limited registration

certificate for the snowmobile [or], ATV or OHM.

* * *

(f) Exemptions from registration.--Subsection (a) does not

apply if:

(1) The snowmobile [or], ATV or OHM is owned by or in

the possession of a dealer who has been issued a dealer

registration certificate, dealer registration plates and

dealer plate registration cards under section 7711 (relating

to registration of dealers), the dealer is in compliance with

section 7711 and the snowmobile [or], ATV or OHM is used in

accordance with section 7711.

(2) The snowmobile [or], ATV or OHM is owned and used by

20150SB1088PN1473 - 7 -

the United States or another state or a political subdivision

thereof, in which case the snowmobile [or], ATV or OHM shall

display the name of the owner in a manner prescribed by the

department.

(3) The snowmobile [or], ATV is operated on land owned

or leased by the owner or operator of the snowmobile [or],

ATV or OHM and it is not operated elsewhere within this

Commonwealth.

(4) The owner of the snowmobile [or], ATV or OHM is not

a resident of this Commonwealth and the operator presents

proof that the snowmobile [or], ATV or OHM has been properly

registered in another jurisdiction that exempts from its

registration requirements persons who have obtained proper

registration under this chapter.

* * *

§ 7711.2. Limited registration of snowmobile [or], ATV or OHM.

(a) General rule.--It is unlawful for a person to operate or

for an owner to permit another person to operate a snowmobile

[or], ATV or OHM identified in section 7711.1(f)(3) (relating to

registration of snowmobile [or], ATV or OHM) unless:

* * *

(2) There is displayed on the snowmobile a valid

registration decal or on the ATV or OHM a valid registration

plate issued pursuant to subsection (b).

* * *

(b) Issuance.--Upon receipt of an application therefor upon

a form prescribed and furnished by the department which shall

contain information reasonably required by the department, the

department shall issue to the owner of a snowmobile [or] ATV, or

OHM for which limited registration is required under subsection

20150SB1088PN1473 - 8 -

(a):

(1) A limited registration certificate containing the

registration number for the snowmobile [or], ATV or OHM.

(2) A registration decal displaying the registration

number for a snowmobile or a registration plate displaying

the registration number for an ATV or OHM.

* * *

(d) Transfer of ownership.--Upon transfer of ownership of a

snowmobile [or], ATV or OHM for which a limited registration

certificate has been issued, the limited registration

certificate shall become invalid. The transferor shall, within

15 days from the date of transfer, return to the department the

limited registration certificate with the date of transfer and

the name and address of the new owner endorsed on the back. The

registration decal or plate shall not be removed from the

snowmobile [or] ATV, or OHM upon transfer to the new owner and

is invalid until the new owner obtains a registration

certificate or limited registration certificate for the

snowmobile [or], ATV or OHM.

* * *

§ 7712.1. Certificate of title for snowmobile or ATV.

(a) General rule.--Except as otherwise provided in

subsection (b), an owner of a snowmobile [or], ATV or OHM which

is in this Commonwealth and for which no certificate of title

has been issued shall apply to the department for a certificate

of title.

(b) Exemptions from titling.--No certificate of title is

required for:

(1) A snowmobile [or], ATV or OHM that was registered

prior to the effective date of this section.

20150SB1088PN1473 - 9 -

(2) A snowmobile [or], ATV or OHM owned by the United

States unless a general registration certificate has been

issued therefor.

(3) A new snowmobile [or], ATV or OHM owned by a dealer

before and until sale.

(4) A snowmobile [or], ATV or OHM owned by a nonresident

of this Commonwealth and not required by law to be registered

in this Commonwealth.

(5) A snowmobile [or], ATV or OHM owned by a resident of

this Commonwealth and required by law to be registered in

another state, based and used principally outside of this

Commonwealth and not required by law to be registered in this

Commonwealth.

(6) An OHM titled by the department.

of title shall be made upon a form prescribed and furnished by

the department and shall contain a full description of the

snowmobile [or], ATV or OHM, date of purchase, the name and

address of the owner, a statement of the title of applicant,

together with any other information or documents the department

requires to identify the snowmobile [or], ATV or OHM and to

enable the department to determine whether the owner is entitled

to a certificate of title.

(d) Signing and filing of application.--Application for a

certificate of title shall be made within 15 days of the sale or

transfer of a snowmobile [or], ATV or OHM or its entry into this

Commonwealth from another jurisdiction, whichever is later. The

application shall be accompanied by the required fee and any tax

payable by the applicant under the laws of this Commonwealth in

connection with the acquisition or use of a snowmobile [or], ATV

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or OHM or evidence to show that the tax has been paid or

collected. The application shall be signed and verified by oath

or affirmation by the applicant if a natural person; in the case

of an association or partnership, by a member or a partner; and

in the case of a corporation, by an executive officer or person

specifically authorized by the corporation to sign the

application.

* * *

(g) Registration without certificate of title prohibited.--

Except as provided in subsection (b), the department shall not

issue a registration certificate or limited registration

certificate for a snowmobile [or], ATV or OHM or a vintage

snowmobile permit for a vintage snowmobile unless a certificate

of title has been issued by the department to the owner or an

application for a certificate of title has been delivered by the

owner to the department.

(h) Refusing issuance of certificate of title.--The

department may refuse issuance of a certificate of title if it

has reasonable grounds to believe any one of the following:

* * *

(2) Any taxes payable under the laws of this

Commonwealth on or in connection with, or resulting from the

acquisition or use of, the snowmobile [or], ATV or OHM have

not been paid.

(3) The applicant is not the owner of the snowmobile

[or], ATV or OHM.

* * *

(j) Transfer of ownership of snowmobile [or], ATV or OHM.--

(1) Upon the sale or transfer of ownership of a

snowmobile [or], ATV or OHM within this Commonwealth, the

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owner shall execute an assignment and warranty of title to

the transferee in the space provided on the certificate of

title or as the department prescribes, sworn to before a

notary public or other officer empowered to administer oaths,

and deliver the certificate to the transferee at the time of

the delivery of the snowmobile [or], ATV or OHM.

(2) Except as otherwise provided in section 7715.1

(relating to snowmobile [or], ATV or OHM purchased from

dealer), the transferee shall, within 15 days of the

assignment of the certificate of title, apply for a new title

by forwarding to the department the certificate of title

executed as required by paragraph (1), a properly completed

application for certificate of title, sworn to before a

notary public or other officer empowered to administer oaths,

and such other forms as the department may require.

* * *

§ 7712.2. Transfer to or from dealer.

(a) Transfer to dealer.--If a dealer acquires a snowmobile

[or], ATV or OHM for the purpose of resale, a certificate of

title need not be applied for as provided for in section 7712.1

(relating to certificate of title for snowmobile [or], ATV or

OHM), but the dealer shall, within seven days from the date of

acquisition, forward to the department, upon a form prescribed

and furnished by the department, notification of the acquisition

of the snowmobile [or], ATV or OHM.

(b) Execution and display of notice of transfer.--A dealer

making notification pursuant to subsection (a) shall execute at

least three copies of the notification, the original of which

shall be forwarded to the department, one copy to accompany the

snowmobile [or] ATV or OHM in any subsequent transfer and one

20150SB1088PN1473 - 12 -

copy to be retained by the dealer for at least one year after a

subsequent transfer, to be exhibited, with the assigned

certificate of title, upon request of a police officer or

authorized department employee.

subsection (a), if a dealer transfers the dealer's interest in a

snowmobile [or], ATV or OHM:

* * *

(d) Exception for repossessed snowmobiles [or], ATV's or

OHM'S.--This section does not apply to a snowmobile [or], ATV or

OHM repossessed upon default of performance of a lease, contract

of conditional sale or similar agreement.

* * *

§ 7712.3. Transfer of snowmobile [or], ATV or by operation of

law.

(a) General rule.--If the interest of an owner in a

snowmobile [or], ATV or OHM passes to another other than by

voluntary transfer, the transferee shall, except as otherwise

provided, promptly mail or deliver to the department the last

certificate of title, if available, and shall apply for a new

certificate of title on a form prescribed and furnished by the

department. The application shall be accompanied by such

instruments or documents of authority, or certified copies

thereof, as may be sufficient or required by law to evidence or

effect a transfer of title or interest in or to chattels in such

case.

* * *

certificate of title, whose interest in a snowmobile [or], ATV

or OHM has been extinguished or transferred other than by

20150SB1088PN1473 - 13 -

voluntary transfer, shall immediately surrender the certificate

of title to the person to whom the right to possession of the

snowmobile [or], ATV or OHM has passed. Upon request of the

department, such person shall mail or deliver the certificate to

the department. Delivery of the certificate pursuant to the

request of the department does not affect the rights of the

person surrendering the certificate.

§ 7712.5. Issuance of new certificate following transfer.

* * *

department shall file and retain for five years a surrendered

certificate of title, or a copy, in such a manner as to permit

the tracing of title of the snowmobile [or], ATV or OHM.

§ 7712.6. Suspension and cancellation of certificate of title.

(a) Return of new snowmobile [or], ATV or OHM.--The

department may cancel the certificate of title issued for a new

snowmobile [or], ATV or OHM if it is shown by satisfactory

evidence that the snowmobile [or], ATV or OHM has been returned

to the dealer from whom obtained.

(b) Snowmobile [or], ATV or OHM sold to nonresidents.--The

department may cancel a certificate of title for a snowmobile

[or], ATV or OHM sold to a resident of another state or foreign

country if the snowmobile or ATV is to be registered in the

other jurisdiction.

* * *

§ 7712.7. Application for certificate of title by agent.

(a) Authorization to apply.--No person may apply for a

certificate of title on behalf of another person unless

authorization to do so is in effect and is verified by oath or

affirmation of the other person, made, except as between lessors

20150SB1088PN1473 - 14 -

and fleet owners as lessees, not more than 15 days before the

application is received by the department. A lessor may

authorize a fleet owner to apply for a certificate of title for

a leased snowmobile [or], ATV or OHM for a period of up to one

year.

* * *

receive, obtain or hold a certificate of title recorded in the

name of another person for the other person who is not in the

regular employ of, or not a member of the family of, the other

person, unless the person receiving, obtaining or holding the

certificate of title has a valid undischarged security interest

recorded in the department against the snowmobile [or], ATV or

OHM represented by the certificate of title.

* * *

§ 7712.8. Perfection of security interest in a snowmobile [or],

ATV or OHM.

(a) Applicability of section.--Except as otherwise provided

in 13 Pa.C.S. §§ 9311(d) (relating to perfection of security

interests in property subject to certain statutes, regulations

and treaties), 9315(c) and (d) (relating to secured party's

rights on disposition of collateral and in proceeds) and 9316(d)

and (e) (relating to effect of change in governing law), this

section provides the exclusive method of perfecting a security

interest in a snowmobile [or], ATV or OHM for which a

certificate of title is required under this subchapter.

(b) Snowmobiles [or], ATV's or OHM without Pennsylvania

certificate of title.--If an owner creates a security interest

in a snowmobile or ATV for which a certificate of title has not

been issued by the department, the owner shall, at the request

20150SB1088PN1473 - 15 -

of the secured party, promptly execute an application for a

certificate of title on a form prescribed by the department

showing the name and address of the secured party. The owner

shall tender the application, the existing certificate of title,

if any, and the required fee to the department. A security

interest in a snowmobile [or], ATV or OHM is perfected at the

time that such application, existing certificate of title, if

any, and required fee are received by the department.

certificate of title.--If an owner creates a security interest

in a snowmobile [or], ATV or OHM for which a certificate of

title has been issued by the department, the owner shall, at the

request of the secured party, promptly execute an application on

a form prescribed by the department showing the name and address

of the secured party. The owner shall tender the certificate of

title, together with the application and the required fee, to

the department. A security interest in a snowmobile [or], ATV or

OHM is perfected at the time such application, certificate of

title and required fee are received by the department.

* * *

§ 7712.9. Satisfaction of security interest.

(a) Satisfaction of secured obligation.--Unless otherwise

agreed by the owner, within 15 days of the satisfaction of the

obligation secured by a security interest in a snowmobile [or],

ATV or OHM, the secured party shall mail or deliver the

certificate of title to the owner or to the department with a

statement of satisfaction signed by the secured party. Upon

receipt of the certificate of title and statement of

satisfaction, the department shall issue a corrected certificate

of title without an indorsement of such secured party's security

20150SB1088PN1473 - 16 -

interest and mail the same to the holder of the first remaining

security interest or, if there is no remaining security

interest, the owner.

(b) Satisfaction of subordinate secured obligation.--If the

certificate of title for a snowmobile [or], ATV or OHM is in the

possession of a prior secured party, the subordinate secured

party whose obligation is satisfied shall mail or deliver to the

owner a signed statement of satisfaction in accordance with

subsection (a). Upon request of the owner and receipt of the

statement of satisfaction, the secured party in possession of

the certificate of title shall mail or deliver the certificate

of title, together with the statement of satisfaction, to the

department. Upon receipt of the certificate of title and

evidence of satisfaction, the department shall issue a corrected

certificate of title without an indorsement of the satisfied

security interest and mail the same to the prior secured party.

* * *

§ 7712.10. Release of security interest.

A secured party that releases a security interest in a

snowmobile [or], ATV or OHM shall mail or deliver the

certificate of title to the owner with a statement of release

signed by the secured party, or the secured party may apply to

the department for a corrected certificate of title to be issued

in the name of the owner. Upon receipt of the certificate of

title and statement of release, the department shall issue a

corrected certificate of title without an indorsement of such

secured party and mail the same to the holder of the first

remaining security interest or, if there is no remaining secured

party, the owner.

§ 7712.12. Assignment by secured party of security interest.

20150SB1088PN1473 - 17 -

(a) General rule.--A secured party may assign, absolutely or

otherwise, his security interest in a snowmobile [or], ATV or

OHM to a person other than the owner without affecting the

interest of the owner or the validity or perfection of the

security interest.

* * *

§ 7712.13. Exemptions.

The provisions of this subchapter relating to procedures for

perfecting, assigning and satisfying security interests do not

apply to:

(1) a lien given by statute or rule of law to a supplier

of services or materials for the snowmobile [or], ATV or OHM;

(2) a lien given by statute to the United States, the

Commonwealth or any political subdivision of the

Commonwealth;

(3) a security interest in a snowmobile or ATV described

in 13 Pa.C.S. § 9311(d) (relating to perfection of security

interests in property subject to certain statutes,

regulations and treaties); or

(4) a snowmobile [or], ATV or OHM for which a

certificate of title is not required under this subchapter.

§ 7715.1. Snowmobile [or], ATV or OHM purchased from dealer.

(a) General rule.--If a snowmobile [or], ATV or OHM is

purchased from a dealer, the dealer shall mail or deliver to the

department an application for a registration certificate or

limited registration certificate, an application for certificate

of title, any other required forms and the required fees within

15 days of the date of purchase.

* * *

§ 7715.2. Fees.

20150SB1088PN1473 - 18 -

(a) Fees.--Except as provided in subsection (b), the

department shall collect the following fees:

* * *

(5) Transfer of registration pursuant to section 7711.1

(relating to registration of snowmobile [or], ATV or OHM),

$5.

* * *

(b) Exemptions from fees.--Subsection (a) does not apply to

a snowmobile [or], ATV or OHM owned by:

* * *

§ 7716. Records.

The department shall maintain a record, which shall be made

available to all enforcement agencies, of:

(1) The registration number for each snowmobile [and],

ATV and OHM for which a registration certificate or limited

registration certificate is issued.

(2) The name and address of the owner of each snowmobile

[and], ATV and OHM for which a registration certificate or

limited registration certificate is issued.

* * *

§ 7717. Snowmobile [and], ATV and OHM Advisory Committee.

(a) Establishment.--There is hereby established under the

jurisdiction of the department a board known as the Snowmobile

[and], ATV and Advisory Committee.

(b) Composition.--The committee shall consist of 17 members.

The members shall be as follows:

(1) The chairman and minority chairman of the

Environmental Resources and Energy Committee of the Senate.

(2) The chairman and minority chairman of the

Environmental Resources and Energy Committee of the House of

20150SB1088PN1473 - 19 -

Representatives.

(3) One member [from] representing the Pennsylvania Game

Commission.

(4) One member [from] representing the Allegheny

National Forest.

(5) One member [from] representing the Pennsylvania

State Association of Township Supervisors.

(6) One member [from] representing the Pennsylvania

State Association of Boroughs.

(7) One member [from] representing the Pennsylvania

State Association of County Commissioners.

(7.1) One member representing the Department of

Community and Economic Development.

(8) [Eight] Seven members of the public representing the

following organizations to be appointed by the Secretary of

Conservation and Natural Resources:

(i) Two members from a list of at least six

representatives submitted by the Pennsylvania State

Snowmobile Association.

(ii) Two members from a list of at least six

representatives submitted by the Pennsylvania Off-Highway

Vehicle Association.

(iii) One member from a list of at least three

representatives submitted by the Pennsylvania Farm

Bureau.

[(iv) Two members from a list of at least six

representatives submitted by conservation or nonmotorized

recreation organizations.]

(v) One member from a list of at least three

representatives submitted by the Pennsylvania [Travel

20150SB1088PN1473 - 20 -

Council] Association of Travel and Tourism.

(vi) One member from a list of at least three

representatives submitted by the Pennsylvania Economic

Development Association.

Each member may designate an alternate to serve in his stead. A

member shall notify the chairman in writing of this designation.

* * *

(e) Meetings and expenses.--

(1) The committee shall meet at least [annually]

semiannually.

(2) A public member, including a designee, who misses

three consecutive meetings without good cause [acceptable to

the chairman] may be replaced by the Secretary of

Conservation and Natural Resources upon recommendation of the

chairman.

* * *

(f) Powers and duties.--The powers and duties of the

committee shall be to advise the Secretary of Conservation and

Natural Resources on matters concerning the implementation of

this chapter, including existing and proposed regulations,

standards, policies, guidelines and practices; use and operation

of snowmobiles [and], ATV's and OHM's on public and private

land; acquisition, construction, development and maintenance of

trails; enforcement; and allocation of fees collected by the

department pursuant to this chapter.

§ 7721. Operation on streets and highways.

(a) General rule.--Except as otherwise provided in this

chapter, it is unlawful to operate a snowmobile or an ATV or

OHM on any street or highway which is not designated and posted

as a snowmobile or an ATV or OHM road by the governmental agency

20150SB1088PN1473 - 21 -

having jurisdiction.

(b) Emergency and bridge crossings.--A snowmobile [or], an

ATV or OHM may be operated on highways and streets:

* * *

make a direct crossing of a street or highway upon compliance

with the following requirements:

* * *

(2) The snowmobile [or], ATV or OHM is brought to a

complete stop before crossing the shoulder or main-traveled

way of the highway.

* * *

§ 7722. Designation of snowmobile [and], ATV and OHM roads.

(a) General rule.--The Department of Transportation on

State-designated highways and local authorities on any highway,

road or street within its jurisdiction may designate any

highway, road or street within its jurisdiction as a snowmobile

road, an ATV road[, or both,] or OHM road and may, in its

discretion, determine whether such road shall be closed to

vehicular traffic or whether snowmobiles [and], ATV's and OHM's

may share this designated road with vehicular traffic.

* * *

Department of Transportation or any other State agency or any

political subdivision of this Commonwealth as a result of

designating any highway, road or street as a snowmobile road

[or], an ATV or OHM road as provided in subsection (a). There

shall be no liability imposed upon a private or public real

property owner who makes any portion of the owner's land

20150SB1088PN1473 - 22 -

available for snowmobiles, ATV's or OHM's required to be

registered under this chapter. A court shall award attorney fees

and direct legal costs to a real property owner, lessee, manager

or occupant, or an easement holder, who is not liable for an

injury to a person or property due to the use of a snowmobile,

ATV or OHM.

§ 7723. Special snowmobile and ATV events.

(a) General rule.--Snowmobiles [and], ATV's and OHM's may be

operated on highways and streets for special snowmobile [and],

ATV and OHM events of limited duration which are conducted

according to a prearranged schedule under permit from the

governmental agency having jurisdiction.

(b) Authority of local authorities.--A local authority may

block off highways and streets within its jurisdiction for the

purpose of allowing snowmobile [and], ATV and OHM races, rallies

or derbies. No State trunk highway or connecting street, or part

thereof, shall be blocked off by any local authority for any

snowmobile [or], ATV and OHM race, rally or derby.

shall notify the local police department and the county

sheriff's office at least one week in advance of the time and

place of any snowmobile [or], ATV and OHM race, rally or derby

which may result in any highway or street, or part thereof,

being blocked off. Upon such notice, the local police department

shall take such measures as it deems appropriate to protect

persons and property and to regulate traffic in the designated

area and its vicinity on the day of such race, rally or derby.

§ 7724. Operation on private or State property.

(a) Private real property.--

(1) No person shall operate a snowmobile [or], an ATV or

20150SB1088PN1473 - 23 -

OHM on private real property without the consent of the owner

thereof. Any person operating a snowmobile [or], an ATV or

OHM upon lands of another shall stop and identify himself

upon the request of the landowner or his duly authorized

representatives and, if requested to do so by the landowner,

shall promptly remove the snowmobile [or], ATV or OHM from

the premises.

(2) When a person operates a snowmobile [or], an ATV or

OHM in a manner as to violate section 3717 (relating to

trespass by motor vehicle), the applicable fines, penalties

and suspensions provided in this title for violation of

section 3717 shall apply to this subsection.

(b) State property.--

(1) No person shall operate a snowmobile [or], an ATV or

OHM on State-owned property except on clearly marked and

previously designated snowmobile or ATV routes or as

expressly permitted by the Commonwealth.

(2) (i) The department may designate any road within a

State Park or State Forest over which the department has

jurisdiction as a snowmobile road [or], an ATV road[,] or

OHM road [both], and may, in its discretion, determine

whether the road shall be closed to vehicular traffic or

whether snowmobiles [and], ATV's and OHM's may share the

designated road with vehicular traffic. Adequate notices

of such designation and determination shall be

sufficiently and prominently displayed.

(ii) No person shall operate a snowmobile [or], ATV

or OHM on State park or State forest land except as

follows:

* * *

20150SB1088PN1473 - 24 -

(B) A person may operate a Class I or Class II

ATV or OHM on a road, trail or area that is

designated and marked by the department as open for

ATV or OHM use or on which the person has been given

specific written permission to operate the ATV or

OHM.

[(C) A person may operate a Class II ATV on a

road, trail or area if the person has been given

specific written permission by the department to

operate a Class II ATV on the road, trail or area.]

Section 5. Section 7725(a), (d), (e), (f), (g) and (i) of

Title 75 are amended and the section is amended by adding

subsections to read:

§ 7725. Operation by persons under age sixteen.

(a) Crossing street or highway.--No person under 16 years of

age shall drive a snowmobile [or], an ATV or OHM across any

highway or connecting street thereto unless he is under the

direct supervision of a person 18 years of age or older and

unless he holds a valid and appropriate safety certificate from

the Commonwealth or a valid and approved certificate issued

under the authority of another state or Province of Canada. [The

department shall determine what certificates will be approved].

* * *

(c.1) OHM safety certification.--No person under 16 years of

age shall operate an OHM in this Commonwealth unless the person

satisfies one of the following conditions:

(1) Is under the direct supervision of a certified

Motorcycle Safety Foundation Dirt Bike School Coach during a

safety training course.

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

20150SB1088PN1473 - 25 -

guardian.

(3) Has received safety training as prescribed by a

Motorcycle Safety Foundation Dirt Bike School and has

received the appropriate safety certificate.

[(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.]

(d.1) Presentation of certificate.--Within 72 hours of

receiving notice of a violation of this section, a youthful

operator shall present the appropriate safety certificate to any

law enforcement officer having authority to enforce the

provisions of this section. It shall be an affirmative defense

to a prosecution for a violation of this section if the youth

operator complies with this subsection.

(e) Permitting unauthorized operation.--No owner of a

snowmobile [or], an ATV or OHM shall authorize or permit the

operation thereof within this Commonwealth by any person under

16 years of age unless the person under 16 years of age is the

holder of a valid and appropriate safety certificate, or except

as authorized in subsections (b), (b.2) [and], (c) and (c.1).

(f) Certification of [snowmobile] safety instructors.--The

department may certify snowmobile or ATV safety instructors to

act as its agents in conducting classes and examinations and

issuing snowmobile or ATV safety certificates in its name. The

department shall recognize coaches certified by the Motorcycle

Safety Foundation as certified under this subsection.

(g) Operation on snowmobile and ATV roads.--No person under

20150SB1088PN1473 - 26 -

16 years of age may operate a snowmobile [or], an ATV or OHM on

streets or highways designated under section 7722 (relating to

designation of snowmobile [and], ATV and OHM roads) as open to

snowmobile [or], ATV or OHM and vehicular traffic. A person

under 16 years of age who holds the appropriate safety

certificate may operate a snowmobile [or], an ATV or OHM on

roads designated under section 7724(b) (relating to operation on

private or State property) as open to snowmobile [or], ATV or

OHM and vehicular traffic, provided he is under the direct

supervision of a person 18 years of age or older.

* * *

(h.1) Exemption from liability.--

(1) A public or private owner of real property who

authorizes the use of the owner's real property for the

purpose of an approved snowmobile, ATV or OHM information,

safety education and training program under subsection (c.1)

or (h) shall not be held civilly liable for any injury or

death to a person or damage to property that occurs during

the course or instruction or training.

(2) Paragraph (1) shall not apply in the case of an

owner's willful or malicious failure to warn against a

dangerous condition, use, structure or activity.

(i) Cooperation with other organizations.--In implementing a

program which is established under this section, the department

shall cooperate with private organizations and associations,

private and public corporations, the Department of Education and

local governmental units. The department shall consult with

snowmobile, ATV, OHM and environmental organizations and

associations in regard to subject matter of a training program

that leads to certification of snowmobile [and], ATV and OHM

20150SB1088PN1473 - 27 -

operators.

Section 6. Sections 7726(a) introductory paragraph, (b), (c)

heading, introductory paragraph, (2) and (5), 7727, 7728,

7729(a) and 7730(a), (b) and (c) of Title 75 are amended to

read:

§ 7726. Operation in safe manner.

(a) General rule.--No person shall operate a snowmobile

[or], an ATV or OHM in any of the following ways:

* * *

(b) Permitting unsafe operation.--No owner or other person

having charge or control of a snowmobile [or], an ATV or OHM

shall knowingly authorize or permit the operation of the

snowmobile [or], ATV or OHM by any person who is incapable to do

so by reason of age, physical or mental disability, or who is

under the influence of alcohol or any controlled substance.

[or], ATV's or OHM's and vehicular traffic.--No person shall

operate a snowmobile [or], ATV or OHM in any of the following

ways on highways and streets open to snowmobiles [or] ATV's or

OHM's and vehicular traffic:

* * *

(2) Ride two snowmobiles [or], ATV's or OHM's abreast.

Snowmobiles [and], ATV's and OHM's shall be operated in

single file except when overtaking another vehicle. The

driver of any vehicle overtaking another vehicle proceeding

in the same direction shall pass at a safe distance to the

left thereof, until safely clear of such overtaken vehicle.

Nothing in this section shall be construed to prohibit a

driver overtaking the passing upon the right of another

vehicle which is making or about to make a left turn. The

20150SB1088PN1473 - 28 -

driver of a vehicle shall not drive to the left side of the

center of a highway in overtaking or passing another vehicle

proceeding in the same direction, unless the left side is

clearly visible and is free of oncoming traffic for a

sufficient distance ahead to permit the overtaking or passing

to be made in safety.

* * *

(5) Without a securely fastened helmet on the head of an

individual who operates or is a passenger on a snowmobile

[or], ATV or OHM or who is being towed or otherwise propelled

by a snowmobile. The department shall specify the types of

helmets allowed through rules and regulations.

§ 7727. Additional limitations on operation.

Except as otherwise permitted under Title 34 (relating to

game), no person shall:

(1) Operate or ride in any snowmobile [or], ATV or OHM

with any bow and arrows or with any firearm in his possession

unless it is unstrung or unloaded.

(2) Drive or pursue any game or wildlife with a

snowmobile [or], an ATV or OHM.

§ 7728. Accidents and accident reports.

(a) Duty to stop and provide information.--Whenever any

snowmobile [or], ATV or OHM is involved in an accident resulting

in loss of life, personal injury or damage to property and the

operator thereof has knowledge of such accident, he shall stop

and give his name and address, the name and address of the owner

thereof and the registration number of the snowmobile [or], ATV

or OHM to the injured person or the person sustaining the damage

or to a police officer. In case no police officer nor the person

sustaining the damage is present at the place where the damage

20150SB1088PN1473 - 29 -

occurred, then the operator shall immediately report, as soon as

he is physically able, the accident to the nearest law

enforcement agency.

(b) Report of accident to department.--The operator of any

snowmobile [or], ATV or OHM involved in any accident resulting

in injuries to or death of any person or resulting in property

damage to the estimated amount of $100 or more shall, within

seven days after such accident, report the matter in writing to

the department. If the operator is physically incapable of

making the report and there is another participant in the

accident not so incapacitated, the participant shall make the

report within the prescribed period of time after the accident.

In the event that there is no other participant and the operator

is other than the owner, then the owner shall within the

prescribed period of time, after learning of the facts of such

accident, report the matter to the department, together with

such information as may have come to his knowledge relating to

such accident. Every operator or owner of a snowmobile [or], an

ATV or OHM in an accident, or surviving participant of any such

accident, shall make such other and additional reports as the

department shall require.

officer who investigates or receives information of an accident

involving a snowmobile [or], an ATV or OHM shall make a written

report of the investigation or information received, and such

additional facts relating to the accident as may come to his

knowledge, and mail the same within 48 hours to the department

and keep a record thereof in his office.

(d) Exception.--This section does not apply when property

damage is sustained in sanctioned snowmobile [or], ATV or OHM

20150SB1088PN1473 - 30 -

races, derbies and rallies.

§ 7729. Liability of owner for negligence.

(a) General rule.--Negligence in the use or operation of a

snowmobile [or], an ATV or OHM is attributable to the owner.

Every owner of a snowmobile [or], an ATV or OHM used or operated

in this Commonwealth shall be liable and responsible for death

or injury to person or damage to property resulting from

negligence in the use or operation of such snowmobile [or], ATV

or OHM by any person using or operating the snowmobile [or], ATV

or OHM with the permission, express or implied, of such owner.

* * *

§ 7730. Liability insurance.

(a) Requirement.--A snowmobile [or], ATV or OHM for which

registration is required under this chapter shall have liability

insurance coverage for the snowmobile [or], ATV or OHM issued by

an insurance carrier authorized to do business in this

Commonwealth. This subsection does not apply to limited

registrations.

(b) Proof of insurance.--Proof of insurance as required by

this section shall be produced and displayed by the owner or

operator of such snowmobile [or], ATV or OHM upon the request of

any magistrate or any person having authority to enforce the

provisions of this chapter or to any person who has suffered or

claims to have suffered either personal injury or property

damage as a result of the operation of such snowmobile [or], ATV

or OHM. It shall be an affirmative defense to any prosecution

for a violation of this section that such proof was so produced

within 72 hours of receiving notice of such violation, injury or

damage or the claim of such injury or damage.

20150SB1088PN1473 - 31 -

ATV or OHM shall operate or permit the same to be operated

without having in full force and effect liability insurance

coverage required by this section. The operator of a snowmobile

[or], ATV or OHM shall carry proof of insurance on his person or

on the snowmobile [or], ATV or OHM when it is in operation.

* * *

Section 7. Section 7741(a) and (b) of Title 75 are amended

and the section is amended by adding a subsection to read:

§ 7741. Head lamps and tail lamps.

(a) Time of operation.--Every snowmobile [or], ATV or OHM

operated during hours of darkness shall display a lighted head

lamp and tail lamp. The lights shall be in operation during the

period of from one-half hour after sunset to one-half hour

before sunrise and at any time when, due to insufficient light

or unfavorable atmospheric conditions caused by fog or

otherwise, other persons, vehicles and other objects are not

clearly discernible for a distance of 500 feet ahead.

(b) Head lamp requirements.--The head lamp shall display

white light of sufficient illuminating power to reveal any

person, vehicle or substantial object at a distance of 100 feet

ahead.

(1) If the snowmobile [or], ATV or OHM is equipped with

a multiple beam head lamp, the upper beam shall meet the

minimum requirements set forth in this section and the

lowermost beam shall be so aimed and of sufficient intensity

to reveal persons and vehicles at a distance of at least 50

feet ahead.

(2) If the snowmobile [or], ATV or OHM is equipped with

a single beam head lamp, the lamp shall be so aimed that when

the vehicle is loaded none of the high intensity portion of

20150SB1088PN1473 - 32 -

the light, at a distance of 75 feet ahead, projects higher

than the level of the center of the lamp from which it comes.

* * *

(d) Construction.--Nothing in this section shall be

construed to require an OHM be equipped with head lamps or tail

lamps as a requirement of sale.

Section 8. Sections 7742(b), 7743(a) and (b), 7751(b) and

(d) and 7752(d)(1)

§ 7742. Brakes.

* * *

(b) ATV's and OHM's.--It is unlawful to operate an ATV or

OHM which is not equipped with a braking system which may be

operated by hand or foot, capable of producing deceleration of

14 feet per second on level ground at a speed of 20 miles per

hour, and the design must permit simple and easy adjustment to

compensate for wear.

§ 7743. Mufflers and [noise] sound control.

(a) General rule.--It is unlawful to operate a snowmobile

[or], an ATV or OHM 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 or OHM [noise] sound

and is in constant operation to prevent excessive or unusual

[noise] sound. 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] sound requirements for

snowmobiles. The department shall by regulation adopt [noise]

sound requirements for in-use operation of ATV's and OHM's using

20150SB1088PN1473 - 33 -

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 or OHM manufactured before January 1, 1998

shall not exceed 99dbA, or decibels, when measured at 20 inches.

The sound level intensity produced by an ATV or OHM manufactured

on or after January 1, 1998 shall not exceed 96dba, or decibels,

when measured as 20 inches.

(b) Modified mufflers prohibited.--It is unlawful to modify

a muffler or to operate a snowmobile [or], an ATV or OHM with a

modified muffler so as to increase the sound level of the

snowmobile or ATV above the level allowed by this section.

* * *

§ 7751. Enforcement personnel and procedures.

* * *

(b) Forms and procedures.--The department may prescribe the

form of summons or complaint, or both, in all cases involving a

violation of any provision of this chapter or of any ordinance,

rule or regulation relating to snowmobiles [or], ATV's or OHM's,

or of any class or category of such cases, and may establish

procedures for proper administrative controls over the

disposition thereof.

* * *

(d) Rules and regulations.--The department [may] shall

promulgate such rules and regulations [as may be deemed

necessary] to accomplish the purposes and enforce the provisions

of this section including requirements for reporting by trial

courts having jurisdiction over snowmobile [and], ATV and OHM

violations.

§ 7752. Penalties for violation of chapter.

20150SB1088PN1473 - 34 -

* * *

(d) Registration.--

(1) A person who violates section 7711.1 (relating to

registration of snowmobile [or], ATV or OHM) or 7711.2

(relating to limited registration of snowmobile [or], ATV or

OHM) by failing to obtain the required registration

certificate or limited registration certificate commits a

summary offense and shall, upon conviction, be sentenced to

pay a fine of $300 or to be imprisoned for 90 days, or both,

and costs of prosecution. Proceedings for a summary offense

under this paragraph must be commenced within 60 days after

commission of the alleged offense or within 60 days after

discovery of the commission of the offense or the identity of

the offender, whichever is later.

* * *

Section 9. This act shall take effect as follows:

(1) The following shall take effect immediately:

(i) The amendment of 75 Pa.C.S. §§ 7717 and 7722.

(ii) This section.

(2) The remainder of this act shall take effect in 60

days.

20150SB1088PN1473 - 35 -