See other bills
under the
same topic
PRINTER'S NO. 672
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
635
Session of
2017
INTRODUCED BY SIMMONS, MURT, HELM, J. HARRIS, DEASY, KINSEY,
B. MILLER AND SOLOMON, FEBRUARY 27, 2017
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 27, 2017
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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 under subsection (a) for an
individual who is pregnant 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 under subsection (a) for an
individual who is a parent of a child under 36 months of age
shall expire on the date which is 36 months after the birth
of the individual's child.
(c) Display of placard.--The following shall apply:
(1) When a vehicle of an individual who has obtained a
placard under this section is utilizing a parking space
reserved for expectant mothers and 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
20170HB0635PN0672 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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 in 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.
* * *
20170HB0635PN0672 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
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
20170HB0635PN0672 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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
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
20170HB0635PN0672 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
disability and severely disabled veterans to issue
statements to violators or violating vehicles for
violation of subparagraph (i). The form of the statement
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 may 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). Regulations shall require that
vehicles in violation of this 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 that
is unlawfully parked in a designated expectant mothers and
20170HB0635PN0672 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 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 and
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.--
20170HB0635PN0672 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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
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.
20170HB0635PN0672 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13