THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARKOSEK, GEIST, ARGALL, BAKER, BARBIN, BARRAR, BEAR, BENNINGHOFF, BEYER, BOYD, BRENNAN, BUXTON, CARROLL, CLYMER, D. COSTA, P. COSTA, CUTLER, DALLY, DENLINGER, DePASQUALE, DERMODY, DeWEESE, DiGIROLAMO, GINGRICH, GOODMAN, HALUSKA, HARHAI, HARRIS, HENNESSEY, HESS, HORNAMAN, HUTCHINSON, KAUFFMAN, M. KELLER, KORTZ, KOTIK, LONGIETTI, MANN, MARSHALL, McCALL, McILVAINE SMITH, MENSCH, METCALFE, MURT, MUSTIO, PASHINSKI, PERRY, PETRARCA, QUIGLEY, RAPP, READSHAW, REED, REICHLEY, SAINATO, SANTONI, SAYLOR, SCAVELLO, SEIP, SHAPIRO, SIPTROTH, K. SMITH, SOLOBAY, STERN, STEVENSON, SWANGER, VEREB, WALKO, SONNEY, HOUGHTON AND CREIGHTON, FEBRUARY 24, 2009

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 9, 2009   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for traffic-control signals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3112 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

§ 3112.  Traffic-control signals.

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(b.1)  Pedalcycle or motorcycle.--Notwithstanding any

provision of law to the contrary, the driver of a pedalcycle or

motorcycle approaching an intersection that is controlled by a

traffic-control signal utilizing a vehicle detection device that

is inoperative due to the size of the pedalcycle or motorcycle

shall come to a full and complete stop at the intersection and,

after exercising due care as provided by law, may proceed with

due caution when it is safe to do so. It is not a A defense to a

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violation of subsection (a)(3) that is precluded where the

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driver of a pedalcycle or motorcycle proceeded under the belief

that a traffic-control signal utilized a vehicle detection

device or was inoperative failed to operate due to the size of

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the pedalcycle or motorcycle when the signal did not utilize a

vehicle detection device or that any device was did not in fact

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inoperative operate due to the size of the pedalcycle or

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motorcycle.

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Section 2.  This act shall take effect in 60 days.