PRINTER'S NO. 1826
No. 1444 Session of 1978
INTRODUCED BY ZEMPRELLI, APRIL 18, 1978
REFERRED TO TRANSPORTATION, APRIL 18, 1978
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for motorized pedalcycles.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. The definitions of "motorcycle" and "motor-driven
6 cycle," in section 102, and sections 1102 and 1302 of Title 75,
7 act of November 25, 1970 (P.L.707, No.230), known as the
8 Pennsylvania Consolidated Statutes, added June 17, 1976
9 (P.L.162, No.81), are amended to read:
10 § 102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this title which are applicable to specific
13 provisions of this title, the following words and phrases when
14 used in this title shall have, unless the content clearly
15 indicates otherwise, the meanings given to them in this section:
16 * * *
17 "Motorcycle." A motor vehicle, other than a motorized
18 pedalcycle, having a seat or saddle for the use of the rider and
1 designed to travel on not more than three wheels in contact with
2 the ground.
3 "Motor-driven cycle." A motorcycle, including a motor
4 scooter, with a motor which produces not to exceed five brake
5 horsepower, [and every pedalcycle with motor attached] but not
6 including a motorized pedalcycle.
7 * * *
8 § 1102. Vehicles not requiring certificate of title.
9 No certificate of title shall be issued for:
10 (1) A vehicle owned by the United States unless it is
11 registered in this Commonwealth.
12 (2) A golf cart, motor-driven cycle, go-cart or other
13 similar vehicle unless it is registered in this Commonwealth.
14 (3) A new vehicle owned by a manufacturer or registered
15 dealer before and until sale.
16 (4) A vehicle owned by a nonresident of this
17 Commonwealth and not required by law to be registered in this
18 Commonwealth.
19 (5) A vehicle owned by a resident legally required to be
20 registered in another state, based and used principally
21 outside of this Commonwealth, and not required by law to be
22 registered in this Commonwealth.
23 (6) A vehicle regularly engaged in the interstate
24 transportation of persons or property for which a currently
25 effective certificate of title has been issued in another
26 state.
27 (7) A vehicle moved solely by human or animal power.
28 (8) An implement of husbandry unless required to be
29 registered.
30 (9) Special mobile equipment unless required to be
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1 registered.
2 (10) A mobile home.
3 (11) A motorized pedalcycle.
4 § 1302. Vehicles subject to registration.
5 (a) General rule.--No vehicle shall be operated upon any
6 highway in this Commonwealth until the vehicle is properly
7 registered with the department as provided in this chapter.
8 (b) Exceptions.--Subsection (a) does not apply to the
9 following:
10 (1) Any vehicle in conformance with the provisions of
11 this chapter relating to dealers, persons registered under
12 any of the miscellaneous motor vehicle business classes or
13 nonresidents.
14 (2) Any implement of husbandry or trailer determined by
15 the department to be used exclusively for agricultural
16 operations and only incidentally operated upon highways.
17 (i) A certificate of exemption shall be required for
18 trailers.
19 (ii) Vehicles exempt from registration under this
20 paragraph shall be used exclusively upon a farm or farms
21 owned or operated by the owner of the vehicle or upon
22 highways between:
23 (A) Parts of one farm.
24 (B) Farms located not more than 25 miles apart.
25 (C) A farm and a place of business located
26 within a radius of 25 miles from the farm for the
27 purpose of buying or selling agricultural commodities
28 or supplies or for the inspection, repair or
29 servicing of the vehicle.
30 (3) Any self-propelled golf cart used for the
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1 transportation of persons engaged in the game of golf while
2 crossing any public highway during any game of golf.
3 (4) Any vehicle moved by special permit as provided for
4 in sections 4965 (relating to single permits for multiple
5 highway crossings), 4966 (relating to permit for movement of
6 quarry equipment), and 4970 (relating to permit for movement
7 of utility construction equipment).
8 (5) Any vehicle registered and displaying plates issued
9 in a foreign country by the armed forces of the United States
10 for a period of 45 days from the date of the return of the
11 owner to the United States.
12 (6) Any vehicle owned by a resident legally required to
13 be registered in another state based and used principally
14 outside of this Commonwealth.
15 (7) Any vehicle moved solely by human or animal power.
16 (8) Any self-propelled invalid wheel chair.
17 (9) Any mobile home.
18 (10) Any motorized pedalcycle.
19 (c) Certificate of title required.--No vehicle shall be
20 registered unless a certificate of title has been obtained, if
21 one is required by Chapter 11 (relating to certificate of title
22 and security interests).
23 Section 2. Chapter 35 of Title 75 is amended by adding a
24 subchapter to read:
25 SUBCHAPTER B
26 SPECIAL RULES FOR MOTORIZED PEDALCYCLES
27 Sec.
28 3511. Applicability of traffic laws to motorized pedalcycles.
29 3512. Riding on motorized pedalcycles.
30 3513. Operating motorized pedalcycles on roadways laned for
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1 traffic.
2 3514. Lamps and other equipment on motorized pedalcycles.
3 3515. Parking.
4 § 3511. Applicability of traffic laws to motorized pedalcycles.
5 Every persons operating a motorized pedalcycle shall be
6 granted all of the rights and shall be subject to all of the
7 duties applicable to the driver of any other vehicle under this
8 title, except as to special provisions in this subchapter and
9 except as to those provisions of this title which by their
10 nature can have no application.
11 § 3512. Riding on motorized pedalcycles.
12 (a) Use of seat by operator and passengers.--A person
13 operating a motorized pedalcycle shall ride only upon the
14 permanent and regular seat attached to the motorized pedalcycle,
15 and the operator shall not carry any other person nor shall any
16 other person ride on a motorized pedalcycle unless the motorized
17 pedalcycle is designed to carry more than one person, in which
18 event a passenger may ride upon the permanent and regular seat
19 if designed for two person, or upon another seat firmly attached
20 to the motorized pedalcycle at the rear of the operator. In no
21 event shall a passenger sit in front of the operator of the
22 motorized pedalcycle.
23 (b) Method of seating.--A person shall ride upon a motorized
24 pedalcycle only while sitting astride the seat, facing forward,
25 with one leg on each side of the motorized pedalcycle.
26 (c) Articles carried by operator.--No person shall operate a
27 motorized pedalcycle while carrying any package, bundle or other
28 article which prevents him from keeping both hands on the
29 handlebars.
30 (d) Interference with operation.--No operator shall carry
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1 any person, nor shall any person ride, in a position that will
2 interfere with the operation or control of the motorized
3 pedalcycle or the view of the operator.
4 § 3513. Operating motorized pedalcycles on roadways laned for
5 traffic.
6 (a) Right to use of lane.--All motorized pedalcycles are
7 entitled to full use of a lane and no motor vehicle shall be
8 driven in such a manner as to deprive any motorized pedalcycles
9 of the full use of a lane.
10 (b) Overtaking and passing.--The operator of a motorized
11 pedalcycle shall not overtake and pass in the same lane occupied
12 by the vehicle being overtaken.
13 (c) Operation between lanes or vehicles.--No person shall
14 operate a motorized pedalcycle between lanes of traffic or
15 between adjacent lines or rows of vehicles.
16 (d) Limitation on operating abreast.--Motorized pedalcycles
17 shall not be operated more than two abreast in a single lane.
18 (e) Limited access highways.--No motorized pedalcycle shall
19 be operated on any limited access highway.
20 § 3514. Lamps and other equipment on motorized pedalcycles.
21 (a) Lamps and reflectors.--Every motorized pedalcycle when
22 in use between sunset and sunrise shall be equipped on the front
23 with a lamp which emits a white light visible from a distance of
24 at least 500 feet to the front and with a red reflector on the
25 rear of a type approved by the department which shall be visible
26 from all distances from 100 feet to 600 feet to the rear and
27 with an amber reflector on each side. A lamp emitting a red
28 light visible from a distance of 500 feet to the rear may be
29 used in addition to the red reflector.
30 (b) Audible signal devices.--A pedalcycle may be equipped
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1 with a device capable of giving a signal audible for a distance
2 of at least 100 feet except that a pedalcycle shall not be
3 equipped with nor shall any person use upon a pedalcycle any
4 siren.
5 (c) Brakes.--Every pedalcycle shall be equipped with a
6 braking system which will stop the pedalcycle in 15 feet from an
7 initial speed of 15 miles per hour on a dry, level and clean
8 pavement.
9 § 3515. Parking.
10 (a) Sidewalks.--
11 (1) A person may park a motorized pedalcycle on a
12 sidewalk unless prohibited or restricted by an official
13 traffic-control device.
14 (2) A motorized pedalcycle parked on a sidewalk shall
15 not impede the normal and reasonable movement of pedestrian
16 or other traffic.
17 (b) Roadways.--
18 (1) A motorized pedalcycle may be parked on the roadway
19 at any angle to the curb or edge of the roadway at any
20 location where parking is allowed.
21 (2) A motorized pedalcycle may be parked on the roadway
22 abreast of another motorized pedalcycle or motorized
23 pedalcycles near the side of the roadway at any location
24 where parking is allowed.
25 (3) A person shall not park a motorized pedalcycle on a
26 roadway in such a manner as to obstruct the movement of any
27 other legally parked motor vehicle.
28 (4) In all other respects motorized pedalcycles parked
29 anywhere on a highway shall conform with the provisions of
30 Subchapter E of Chapter 33 (relating to stopping, standing
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1 and parking).
2 Section 3. The heading of Subchapter B of Chapter 35 of
3 Title 75 is amended to read:
4 SUBCHAPTER [B] (C)
5 SPECIAL RULES FOR MOTORCYCLES
6 Section 4. Section 3523(d) of Title 75 is repealed.
7 Section 5. Section 3525 of Title 75 is amended to read:
8 § 3525. Protective equipment for motorcycle riders.
9 (a) Protective headgear.--No person shall operate or ride
10 upon a motorcycle or a motor-driven cycle [(other than a
11 motorized pedalcycle)] unless he is wearing protective headgear
12 which complies with standards established by the department.
13 (b) Eye-protective devices.--No person shall operate or ride
14 upon a motorcycle unless he is wearing an eye-protective device
15 of a type approved by the department.
16 (c) Approval of equipment.--The department may approve or
17 disapprove protective headgear and eye-protective devices
18 required under this section and may issue and enforce
19 regulations establishing standards and specifications for the
20 approval of the headgear and devices. The department shall
21 publish lists of all protective headgear and eye-protective
22 devices by name and type which have been approved.
23 Section 6. The heading of Subchapter C of Chapter 35 of
24 Title 75 is amended to read:
25 SUBCHAPTER [C] D
26 RIGHTS AND DUTIES OF PEDESTRIANS
27 Section 7. This act shall take effect in 60 days.
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