PRINTER'S NO. 1154
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
888
Session of
2017
INTRODUCED BY RAFFERTY, MARTIN, BARTOLOTTA, YUDICHAK, SCAVELLO,
MENSCH AND SABATINA, SEPTEMBER 15, 2017
REFERRED TO TRANSPORTATION, SEPTEMBER 15, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in rules of the road in general, further providing
for additional parking regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3354(d) heading and (3), (e), (f) and (g)
(1) of Title 75 of the Pennsylvania Consolidated Statutes are
amended, subsection (d) is amended by adding a paragraph and the
section is amended by adding a subsection to read:
ยง 3354. Additional parking regulations.
* * *
(d) Person with a disability [and disabled veterans].--
* * *
(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
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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
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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).] The following shall
apply:
(i) Except for a person with a disability, a person
may not park a vehicle on public or private property
reserved for a person with a disability.
(ii) A person may not obstruct any of the following:
(A) A vehicle on public or private property
reserved for a person with a disability.
(B) A part of a curb ramp or the access aisle
adjacent to a parking space reserved for a person
with a disability.
(iii) The owner or lessee of a parking space, curb
ramp and access aisle on public or private property
reserved for a person with a disability shall maintain
the parking space, curb ramp and access aisle and provide
necessary improvements. The cost of maintenance and
necessary improvements shall be paid by the owner or
lessee.
(4) The following shall apply:
(i) The department shall promulgate regulations
pertaining to the signing, marking and proper use of a
parking space, curb ramp and access aisle, as applicable,
on public or private property reserved for a person with
a disability.
(ii) A permit, including an occupancy or driveway
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permit, may not be issued that obstructs a parking space
reserved for a person with a disability, unless
reasonable accommodations are made for a person with a
disability.
(iii) A person may notify a police officer or a
parking enforcement specialist for a violation under this
subsection.
(iv) A vehicle that is parked without a required
plate or placard in a space reserved for a person with a
disability may be towed from the area at the direction of
a police officer, a parking enforcement specialist or the
owner or lessee of the space. The vehicle may be
reclaimed by the vehicle owner upon payment of any
penalty and towing costs.
(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 shall not make use of the parking
privileges accorded to a person with a disability and severely
disabled veterans under subsection (d)(3) unless the operator is
a person with a disability or a severely disabled veteran or
unless the vehicle is being operated for the transportation of a
person with a disability or severely disabled veteran.]
(1) An operator of a vehicle may not make use of the
parking privileges accorded to a person with a disability
under subsection (d)(3) unless:
(i) the operator is a person with a disability; or
(ii) the vehicle is being operated for the
transportation of a person with a disability.
(2) A person may not fraudulently create and display a
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plate or placard if the operator of the vehicle did not
legally obtain the plate or placard from the department or
the department's authorized agents.
(3) A police officer or a parking enforcement specialist
may validate, with the assistance of the department, the
issuance of a plate or placard from an operator of a vehicle
bearing a plate or placard if the police officer or parking
enforcement specialist suspects a violation of this
subsection. Failure to comply with the validation may result
in the police officer or a parking enforcement specialist
seizing the plate or placard.
(4) A police officer or parking enforcement specialist
may issue a citation for a violation of subsection (a), (b)
or (d).
* * *
(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 (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] $500. If a person is
convicted under subsection (d)(2) or (3) in the absence of a
sign stating the penalty amount, the fine imposed may not exceed
[$50] $100.
(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) or (e)(2) shall be sentenced to pay a fine of
[$50] $100.
* * *
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(h) 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:
"Access aisle." A physical area:
(1) designated by hash-marks, cross-hatching or other
similar visual no parking indicators;
(2) which provides additional space for a person using a
wheelchair, wheelchair lift or other mobility device; and
(3) which is located adjacent to a parking space
reserved for a person with a disability.
"Parking enforcement specialist." A person employed or
contracted by a Commonwealth agency, commission or authority or
a political subdivision of the Commonwealth to enforce parking
laws.
"Person with a disability." A person issued a plate or
placard.
"Plate or placard." A plate or placard issued under:
(1) Section 1338 (relating to person with disability
plate and placard).
(2) Section 1342(a), (b) or (c)(relating to veteran
plates and placard).
Section 2. This act shall take effect in 60 days.
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