SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WATSON, GEIST, TURZAI, CREIGHTON, D. COSTA, TOEPEL, BOYD, CARROLL, CLYMER, DALEY, DAVIS, DeLUCA, DiGIROLAMO, EVANKOVICH, J. EVANS, GINGRICH, GRELL, HARHAI, HARPER, HICKERNELL, JOSEPHS, KAUFFMAN, M. K. KELLER, KILLION, MAHER, MAJOR, MANN, MARSHALL, MARSICO, MICCARELLI, MILLER, MILNE, MURT, MUSTIO, PASHINSKI, PETRI, PICKETT, PYLE, QUIGLEY, QUINN, REICHLEY, SANTARSIERO, SCAVELLO, SHAPIRO, STURLA, SWANGER, TALLMAN, VULAKOVICH, WAGNER, YOUNGBLOOD, COHEN, FLECK, SAYLOR, HENNESSEY, HORNAMAN, FARRY, KORTZ AND GALLOWAY, FEBRUARY 24, 2011

SENATOR RAFFERTY, TRANSPORTATION, IN SENATE, AS AMENDED, JUNE 22, 2011   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for junior driver's license, for

learners' permits, for suspension of operating privilege, for

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department to compile, tabulate and analyze accident reports 

and for restraint systems.

RESOLVED, That the part of this act that limits the number of

passengers a junior driver may transport in a motor vehicle at

one time may be referred to as Lacey's Law in honor of Lacey

Gallagher.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1503(c), 1505(e) and 4581(a) and (b) of

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Title 75 of the Pennsylvania Consolidated Statutes are amended

to read:

Section 1.  Sections 1503(c) and 1505(e) of Title 75 of the

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Pennsylvania Consolidated Statutes are amended to read:

§ 1503.  Persons ineligible for licensing; license issuance to

minors; junior driver's license.

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(c)  Junior driver's license.--The department may issue a

junior driver's license to a person 16 or 17 years of age under

rules and regulations adopted by the department and subject to

the provisions of this section. A junior driver's license shall

automatically become a regular driver's license when the junior

driver attains 18 years of age.

(1)  Except as provided in paragraph (2), no licensed

junior driver shall drive a vehicle upon a public highway

between 11 p.m. and 5 a.m. unless accompanied by a spouse 18

years of age or older, a parent or a person in loco parentis.

(2)  A licensed junior driver conforming to the

requirements of section 1507 (relating to application for

driver's license or learner's permit by minor) may drive a

vehicle upon a public highway between 11 p.m. and 5 a.m.

between the junior driver's home and activity or employment

or in the course of the junior driver's activity or

employment if the junior driver is a member of a volunteer

fire company authorized by the fire chief to engage in

fighting fires, is engaged in public or charitable service or

is employed and is carrying an affidavit or certificate of

authorization signed by the junior driver's fire chief,

supervisor or employer indicating the probable schedule of

the junior driver's activities. Upon termination of the

junior driver's activity or employment, the junior driver

shall surrender the affidavit or certificate to the fire

chief, supervisor or employer. If the junior driver shall

fail to surrender the affidavit or certificate, the employer,

fire chief or supervisor shall immediately notify the

Pennsylvania State Police.

(2.1)  Except as set forth in paragraph (2.2), a junior

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driver may not drive a vehicle with more than one passenger

under 18 years of age.

(2.2)  With parental or in loco parentis approval, a

junior driver may drive a vehicle with passengers who are

siblings or relatives who live in the same dwelling as the

junior driver.

(2.1)  For the first six months after issuance of the

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junior driver's license, a junior driver shall not drive a

vehicle with more than one passenger under 18 years of age

who is not a member of the driver's immediate family unless

the junior driver is accompanied by a parent or legal

guardian. After the expiration of the first six months, a

junior driver shall not drive a vehicle with more than three

passengers under 18 years of age who are not members of the

driver's immediate family unless the junior driver is

accompanied by a parent or legal guardian. A junior driver

shall not drive a vehicle with more than one passenger under

18 years of age who is not a member of the driver's immediate

family unless the junior driver is accompanied by a parent or

legal guardian if the junior driver has been involved in an

accident reportable under section 3746(a) (relating to

immediate notice of accident to police department) for which

the junior driver is partially or fully responsible in the

opinion of the department or has been convicted of any

violation of this title. For purposes of this subsection, a

junior driver's immediate family shall include brothers,

sisters, stepbrothers or stepsisters of the driver, including

adopted or foster children residing in the same household as

the junior driver.

(3)  In addition to the other provisions of this title

relating to the suspension or revocation of operating

privileges, in the event that a licensed junior driver is

involved in an accident reportable under section 3746(a) for

which the junior driver is partially or fully responsible in

the opinion of the department or is convicted of any

violation of this title, the department may suspend the

operating privileges of the junior driver until the junior

driver attains 18 years of age or for a period of time not

exceeding 90 days.

(4)  Any junior driver or other person violating any

provision of this subsection is guilty of a summary offense.

§ 1505.  Learners' permits.

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(e)  Authorization to test for driver's license and junior

driver's license.--A person with a learner's permit is

authorized to take the examination for a regular or junior

driver's license for the class of vehicle for which a permit is

held. Before a person under the age of 18 years may take the

examination for a junior driver's license, the minor must:

(1)  Have held a learner's permit for that class of

vehicle for a period of six months.

(2)  Present to the department a certification form

signed by the father, mother, guardian, person in loco

parentis or spouse of a married minor stating that the minor

applicant has completed [50] 65 hours of practical driving

experience, including no less than ten hours of nighttime

driving and five hours of inclement weather driving, 

accompanied as required under subsection (b). Submission of a

certification shall not subject the parent, guardian, person

in loco parentis or spouse of a married minor to any

liability based upon the certification.

(3)  Have the certification form completed when the minor

is ready for the licensing examination. The certification

form shall be developed by the department and will be

provided by the department when the original application for

a learner's permit is processed. The department will make

this form readily available through the mail or electronic

means.

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Section 2.  Section 3753 of Title 75 is amended by adding a

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subsection to read:

§ 3753.  Department to compile, tabulate and analyze accident

reports.

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(b.1)  Certain reports.--The department shall biannually

compile and make available to the public information submitted

on an accident report concerning junior drivers with multiple

passengers under 18 years of age and the use of seat belts by

drivers and passengers under 18 years of age in motor vehicles

involved in traffic accidents. The report shall note the number

of passengers under 18 years of age if the driver involved in

the accident was a junior driver and whether drivers and

passengers under 18 years of age utilized a safety belt system.

The data shall be included in a report submitted to the

Transportation Committee of the Senate and the Transportation

Committee of the House of Representatives.

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Section 3.  Section 4581(a) and (b) of Title 75 are amended

to read:

§ 4581.  Restraint systems.

(a)  Occupant protection.--

(1)  Any person who is operating a passenger car, Class I

truck, Class II truck, classic motor vehicle, antique motor

vehicle or motor home and who transports a child under four

years of age anywhere in the motor vehicle, including the

cargo area, shall fasten such child securely in a child

passenger restraint system, as defined in subsection (d).

This subsection shall apply to all persons while they are

operators of motor vehicles where a seating position is

available which is equipped with a seat safety belt or other

means to secure the systems or where the seating position was

originally equipped with seat safety belts.

(1.1)  Any person who is operating a passenger car, Class

I truck, Class II truck, classic motor vehicle, antique motor

vehicle or motor home and who transports a child four years

of age or older but under eight years of age anywhere in the

motor vehicle, including the cargo area, shall fasten such

child securely in a fastened safety seat belt system and in

an appropriately fitting child booster seat, as defined in

subsection (d). This paragraph shall apply to all persons

while they are operators of motor vehicles where a seating

position is available which is equipped with a seat safety

belt or other means to secure the systems or where the

seating position was originally equipped with seat safety

belts. [A conviction under this paragraph by State or local

law enforcement agencies shall occur only as a secondary

action when a driver of a motor vehicle has been convicted of

violating any other provision of this title.]

(2)  [Except for children under eight years of age and

except as provided in paragraphs (1) and (1.1), each] (i)  

The driver [and front seat occupant] of a passenger car,

Class I truck, Class II truck or motor home operated in

this Commonwealth shall [wear] secure or cause to be

secured in a properly adjusted and fastened safety seat

belt system on the driver, if under 18 years of age, and

every vehicle occupant eight years of age or older but

under 18 years of age. [A conviction under this paragraph

by State or local law enforcement agencies shall occur

only as a secondary action when a driver of a motor

vehicle has been convicted of any other provision of this

title. The driver of a passenger automobile shall secure

or cause to be secured in a properly adjusted and

fastened safety seat belt system any occupant who is

eight years of age or older and less than 18 years of 

age.]

(ii)  Except for children under 18 years of age and

except as provided in paragraphs (1) and (1.1) and

subparagraph (i), each driver and front seat occupant of

a passenger car, Class I truck, Class II truck, classic

motor vehicle, antique motor vehicle or motor home

operated in this Commonwealth shall wear a properly

adjusted and fastened safety seat belt system.

(iii)  This paragraph shall not apply to:

[(i)] (A)  A driver or front seat occupant of any

vehicle manufactured before July 1, 1966.

[(ii)] (B)  A driver or front seat occupant who

possesses a written verification from a physician

that he is unable to wear a safety seat belt system

for physical or medical reasons, or from a

psychiatrist or other specialist qualified to make an

informed judgment that he is unable to wear a safety

seat belt system for psychological reasons.

[(iii)] (C)  A rural letter carrier while

operating any motor vehicle during the performance of

his duties as a United States postal service rural

letter carrier only between the first and last

delivery points.

[(iv)] (D)  A driver who makes frequent stops and

is traveling less than 15 miles per hour for the

purpose of delivering goods or services while in the

performance of his duties and only between the first

and last delivery points.

(iv)  A violation of this paragraph shall not be

subject to the assessment of any points under section

1535 (relating to schedule of convictions and points).

(3)  [A] Notwithstanding the provisions of section

1503(c)(2.1) (relating to persons ineligible for licensing;

license issuance to minors; junior driver's license), a 

driver who is under 18 years of age may not operate a motor

vehicle in which the number of passengers exceeds the number

of available safety seat belts in the vehicle.

(b)  Offense.--Anyone who fails to comply with the provisions

of subsection (a)(1) or (1.1) [shall be guilty of] commits a

summary offense [with a maximum fine of $100] and shall, upon

conviction, be sentenced to pay a fine of $75. The court

imposing and collecting any such fines shall transfer the fines

thus collected to the State Treasurer for deposit in the Child

Passenger Restraint Fund, pursuant to section 4582 (relating to

Child Passenger Restraint Fund). Anyone who violates subsection

(a)(2) or (3) commits a summary offense and shall, upon

conviction, be sentenced to pay a fine of $10. No person shall

be convicted of a violation of subsection [(a)(2)] (a)(2)(ii) 

unless the person is also convicted of another violation of this

title which occurred at the same time. No costs as described in

42 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for

summary conviction of subsection (a)(2) or (3). Conviction under

this subsection shall not constitute a moving violation.

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Section 2 4.  This act shall take effect in 60 days.

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