PRIOR PRINTER'S NOS. 634, 965, 1650 PRINTER'S NO. 1739
No. 48 Session of 1995
INTRODUCED BY GEIST, FARMER, HERMAN, D. R. WRIGHT, McCALL,
BATTISTO, CIVERA, TRELLO, YOUNGBLOOD, MASLAND, MILLER,
JOSEPHS, TRUE, MELIO, PRESTON, STAIRS, PETTIT, ZUG, MERRY,
STURLA, HERSHEY, STEELMAN, CAPPABIANCA, FAJT, EGOLF, NAILOR
AND MICOZZIE, FEBRUARY 7, 1995
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 26, 1995
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further defining "pedalcycles"; further providing
3 for the operation of pedalcycles on Commonwealth highways,
4 for pedalcycle helmets, for the use of hearing impairment
5 devices and for hand and arm signals; repealing the
6 Pedalcycle Helmet Fund; and providing for the establishment <--
7 of the Pennsylvania Pedalcycle and Pedestrian Advisory
8 Committee; AND FURTHER PROVIDING FOR EXEMPTION FROM <--
9 SURCHARGE.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The definition of "pedalcycle" in section 102 of
13 Title 75 of the Pennsylvania Consolidated Statutes is amended to
14 read:
15 § 102. Definitions.
16 Subject to additional definitions contained in subsequent
17 provisions of this title which are applicable to specific
18 provisions of this title, the following words and phrases when
19 used in this title shall have, unless the context clearly
1 indicates otherwise, the meanings given to them in this section:
2 * * *
3 "Pedalcycle." A vehicle propelled solely by human-powered
4 pedals. The term does not mean a three-wheeled human-powered
5 pedal-driven vehicle with a main driving wheel 20 inches in
6 diameter or under and primarily designed for children six years
7 of age or younger.
8 * * *
9 Section 2. Section 3105 of Title 75 is amended by adding a
10 subsection to read:
11 § 3105. Drivers of emergency vehicles.
12 * * *
13 (f) Pedalcycles.--No part of this title shall be construed
14 to restrict the operation of a pedalcycle used by a police
15 officer during the course of performing official duties.
16 Section 3. Sections 3314, 3336, 3504, 3505 and 3507(a) of
17 Title 75 are amended to read:
18 § 3314. Prohibiting use of hearing impairment devices.
19 (a) General rule.--No [driver] person shall operate a
20 vehicle while wearing or using one or more headphones[,] or
21 earphones. [or any similar device which the department by
22 regulation determines would impair the ability of the driver to
23 hear traffic sounds.]
24 (b) Exception.--This section does not prohibit the use of
25 hearing aids or other devices for improving the hearing of the
26 [driver] person nor does it prohibit the use of communication
27 equipment by the driver of [a fire vehicle] an emergency vehicle
28 or by motorcycle operators complying with section 3525 (relating
29 to protective equipment for motorcycle riders).
30 § 3336. Method of giving hand and arm signals.
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1 All signals given by hand and arm shall be given from the
2 left side of the vehicle in the following manner except as
3 indicated for pedalcycles and motorcycles and the signals shall
4 indicate as follows:
5 (1) For a left turn, the hand and arm shall be extended
6 horizontally.
7 (2) For a right turn, the left hand and arm shall be
8 extended upward[.], except that operators of motorcycles and
9 pedalcycles may also be permitted to signal a right turn by
10 extending the right hand and arm horizontally.
11 (3) To stop or decrease speed, the left hand and arm
12 shall be extended downward.
13 § 3504. Riding on pedalcycles.
14 (a) Use of seat by operator.--A person propelling a
15 pedalcycle shall not ride other than upon or astride a permanent
16 and regular seat attached to the pedalcycle.
17 (b) Number of riders.--No pedalcycle shall be used to carry
18 more persons at one time than the number for which the
19 pedalcycle is designed and equipped except that an adult rider
20 may [carry a child securely attached to the rider in a back pack
21 or sling] transport a child in a restraining seat which is
22 securely attached to the pedalcycle or in a trailer which is
23 towed by a pedalcycle.
24 § 3505. Riding on roadways and pedalcycle paths.
25 [(a) General rule.--Except as provided in subsection (b),
26 every person operating a pedalcycle upon a roadway shall ride as
27 near to the right side of the roadway as practicable, exercising
28 due care when passing a standing vehicle or one proceeding in
29 the same direction.
30 (b) One-way highways.--Any person operating a pedalcycle
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1 upon a roadway of a highway, which highway carries traffic in
2 one direction only and has two or more marked traffic lanes, may
3 ride as near the left-hand curb or edge of the roadway as
4 practicable, exercising due care when passing a standing vehicle
5 or one proceeding in the same direction.
6 (c) Limitation on riding abreast.--Persons riding
7 pedalcycles upon a roadway shall not ride more than two abreast
8 except on paths or parts of roadways set aside for the exclusive
9 use of pedalcycles.
10 (d) Use of available pedalcycle paths.--Whenever a lane or
11 path for pedalcycles has been provided as part of a highway,
12 pedalcycle riders shall use the lane or path and shall not use
13 any other part of the highway. This subsection does not apply
14 when use of the pedalcycle lane or path is not possible, safe or
15 reasonable.]
16 (a) General rule.--Except as provided in subsections (b) and
17 (c), every person operating a pedalcycle upon a highway shall
18 obey the applicable rules of the road as contained in this
19 title.
20 (b) Operation on shoulder.--A pedalcycle may be operated on
21 the shoulder of a highway and shall be operated in the same
22 direction as required of vehicles operated on the roadway.
23 (c) Slower than prevailing speeds.--A pedalcycle operated at
24 slower than prevailing speed shall be operated in accordance
25 with the provisions of section 3301(b), unless it is unsafe to
26 do so.
27 (d) One-way roadways.--Any person operating a pedalcycle
28 upon a roadway, which carries traffic in one direction only and
29 has two or more marked traffic lanes, may ride as near the left-
30 hand curb or edge of the roadway as practicable, exercising due
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1 care when passing a standing vehicle or one proceeding in the
2 same direction.
3 (e) Two-way roadways.--On two-way roadways, any pedalcycle
4 shall be driven in the right-hand lane then available for
5 traffic and as close as practicable to the right-hand curb or
6 edge of the roadway. This subsection shall not apply to an
7 operator who must necessarily drive away from the right-hand
8 curb or edge of the roadway for reasons of safety.
9 (f) Limitation on riding abreast.--Persons riding
10 pedalcycles upon a roadway shall not ride more than two abreast
11 except on paths or parts of roadways set aside for the exclusive
12 use of pedalcycles.
13 § 3507. Lamps and other equipment on pedalcycles.
14 (a) Lamps and reflectors.--Every pedalcycle when in use
15 between sunset and sunrise shall be equipped on the front with a
16 lamp which emits a beam of white light intended to illuminate
17 the pedalcycle operator's path and visible from a distance of at
18 least 500 feet to the front. Operators of pedalcycles may
19 supplement the required front lamp with a white flashing lamp,
20 light-emitting diode or similar device to enhance their
21 visibility to other traffic and with a red reflector on the rear
22 [of a type approved by the department] which shall be visible
23 from all distances from [100 feet to 600] 500 feet to the rear
24 and with an amber reflector on each side. A lamp emitting a red
25 [light] flashing lamp, light-emitting diode or similar device
26 visible from a distance of 500 feet to the rear may be used in
27 addition to the red reflector. A lamp worn by the operator of a
28 pedalcycle shall comply with the requirements of this subsection
29 if the lamp can be seen at the distances specified. [All lamps
30 and reflectors shall be of a type approved by the department.]
19950H0048B1739 - 5 -
1 * * *
2 Section 4. Section 3510 of Title 75, amended December 28,
3 1994 (P.L.1445, No.170), is amended to read:
4 § 3510. Pedalcycle helmets for certain persons.
5 (a) General rule.--A person under 12 years of age shall not
6 operate a pedalcycle or ride as a passenger on a pedalcycle
7 unless the person is wearing a pedalcycle helmet meeting the
8 standards of the American National Standards Institute [or of],
9 the American Society for Testing and Materials, the Snell
10 Memorial Foundation's Standards for Protective Headgear for Use
11 in Bicycling or any other nationally recognized standard for
12 pedalcycle helmet approval. This subsection shall also apply to
13 a person who rides:
14 (1) upon a pedalcycle while in a restraining seat
15 attached to a pedalcycle; or
16 (2) in a trailer towed by a pedalcycle.
17 (b) Helmet to be labeled.--Any helmet sold or offered for
18 sale for use by operators and passengers of pedalcycles shall be
19 [conspicuously] labeled in accordance with the standard
20 described in subsection (a), which shall constitute the
21 manufacturer's certification that the helmet conforms to the
22 applicable safety standards.
23 (b.1) Sale of helmet.--No person shall sell or offer for
24 sale for use by an operator or passenger of a pedalcycle a
25 helmet which is not of a type meeting the requirements
26 established by this section.
27 (b.2) Waiver of fine.--If a person receives a citation
28 issued by the proper authority for violation of subsection (a),
29 a district justice, magistrate or judge shall dismiss the
30 charges if the person prior to or at his hearing displays
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1 evidence of acquisition of a helmet meeting the standards
2 prescribed in subsection (a) to such district justice,
3 magistrate or judge. Sufficient evidence shall include a receipt
4 mailed to the appropriate court officer which evidences purchase
5 or transfer of such a helmet from another helmet owner,
6 evidenced by a notarized letter.
7 (b.3) Exemption.--This section shall not apply to a child
8 under 12 years of age who can produce a statement from the
9 family's church authorities attesting that it is against the
10 tenets of the family's religion to wear a helmet.
11 (c) Civil actions.--In no event shall a violation or alleged
12 violation of subsection (a) be used as evidence in a trial of
13 any civil action; nor shall any jury in a civil action be
14 instructed that any conduct did constitute or could be
15 interpreted by them to constitute a violation of subsection (a);
16 nor shall failure to use a pedalcycle helmet be considered as
17 contributory negligence nor shall failure to use a pedalcycle
18 helmet be admissible as evidence in the trial of any civil
19 action.
20 (d) Penalty.--Notwithstanding any other provisions of law,
21 any violation of subsection (a) is punishable by a fine,
22 including all penalties, assessments and court costs imposed on
23 the convicted person not to exceed $25. [The court imposing and
24 collecting any such fines shall transfer the fines thus
25 collected to the State Treasurer for deposit in the Pedalcycle
26 Helmet Fund, pursuant to section 3512 (relating to Pedalcycle
27 Helmet Fund).] The parent or legal guardian having control or
28 custody of a person under 12 years of age whose conduct violates
29 this section shall be jointly and severally liable with the
30 person for the amount of the fine imposed.
19950H0048B1739 - 7 -
1 (e) Definitions.--As used in this section, the term "wearing
2 a pedalcycle helmet" means having a pedalcycle helmet of good
3 fit fastened securely upon the head with the helmet straps.
4 Section 5. Section 3511 of Title 75 is amended by adding a
5 subsection to read:
6 § 3511. Pedalcycles prohibited on freeways.
7 * * *
8 (d) Operation on shoulder.--If the department authorizes
9 pedalcycle access to a freeway, the pedalcycle shall be operated
10 upon the shoulder of that freeway whenever practicable.
11 Section 6. Section 3512 of Title 75 is repealed.
12 Section 7. Chapter 35 of Title 75 is amended by adding a
13 subchapter to read:
14 CHAPTER 35
15 SPECIAL VEHICLES AND PEDESTRIANS
16 * * *
17 SUBCHAPTER D
18 PEDALCYCLE AND PEDESTRIAN ADVISORY COMMITTEE
19 Sec.
20 3571. Pedalcycle and Pedestrian Advisory Committee.
21 § 3571. Pedalcycle and Pedestrian Advisory Committee.
22 (a) Establishment.--There is hereby established under the
23 jurisdiction of the Department of Transportation a board known
24 as the Pennsylvania Pedalcycle and Pedestrian Advisory
25 Committee.
26 (b) Composition.--The committee shall consist of 23 members.
27 The members shall be as follows:
28 (1) The Secretary of Transportation, ex officio.
29 (2) The Secretary of Commerce, ex officio.
30 (3) The Secretary of Health, ex officio.
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1 (4) The Secretary of Environmental Resources, ex
2 officio.
3 (5) The Commissioner of the Pennsylvania State Police,
4 ex officio.
5 (6) The Secretary of Education, ex officio.
6 (7) The Secretary of Community Affairs, ex officio.
7 (8) The chairman and minority chairman of the
8 Transportation Committee of the Senate.
9 (9) The chairman and minority chairman of the
10 Transportation Committee of the House of Representatives.
11 (10) Twelve members of the public representing areas of
12 concern specified who shall have extensive experience and
13 knowledge of bicycle, pedalcycle, pedestrian and human power
14 issues throughout this Commonwealth, to be appointed by the
15 Governor as follows:
16 (i) Two members from a list of at least six
17 representatives submitted by the Bicycling Federation of
18 Pennsylvania.
19 (ii) One member from a list of at least three
20 representatives submitted by the League of American
21 Bicyclists.
22 (iii) One member from a list of at least three
23 representatives submitted by the United States Cycling
24 Federation.
25 (iv) One member from a list of at least three
26 representatives submitted by the Pennsylvania Chapter of
27 the Rails-to-Trails Conservancy.
28 (v) One member from a list of at least three
29 representatives submitted by the Eastern Paralyzed
30 Veterans Association.
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1 (vi) One member from a list of at least three
2 representatives submitted by the American Association of
3 Retired Persons.
4 (vii) One member from a list of at least three
5 representatives submitted by the Bicycle Coalition of
6 Delaware Valley.
7 (viii) One member from a list of at least three
8 representatives submitted by the Lehigh Valley Bicycle
9 Riders Alliance.
10 (ix) One member from a list of at least three
11 representatives submitted by the Pittsburgh Area Cycling
12 Coalition.
13 (x) Two members from the general public.
14 Each member may designate an alternate to serve in his stead. A
15 member shall notify the chairman in writing of this designation.
16 (c) Terms of appointees.--The terms of all members of the
17 committee appointed by the Governor shall be for three years.
18 Any member of the committee may be reappointed for additional
19 terms. An individual appointed to fill a vacancy shall serve for
20 the unexpired term and shall be eligible for reappointment.
21 (d) Officers.--The members of the committee shall annually
22 elect a chairman, a vice chairman and a secretary from among the
23 public members of the committee.
24 (e) Meetings and expenses.--
25 (1) The committee shall meet at least four times every
26 12 months, but may hold additional meetings as are called by
27 the chairman or by petition of at least five members of the
28 committee.
29 (2) A public member, including a designee, who misses
30 three consecutive meetings without good cause acceptable to
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1 the chairman shall be replaced by the chairman, who shall
2 have the power to make a temporary appointment pending
3 approval or replacement by the Governor.
4 (3) The public members of the committee shall be allowed
5 per diem expenses to be set by the committee, but not to
6 exceed Internal Revenue Service guidelines. The department
7 shall provide appropriate staff support to enable the
8 committee to properly carry out its functions.
9 (f) Powers and duties.--The powers and duties of the
10 committee shall be to advise and comment on all phases of
11 cycling and pedestrian program activities being undertaken or
12 financially assisted by the department and agencies of State
13 government and to propose methods, strategies or technologies
14 for improving these program activity services, systems or
15 facilities within this Commonwealth. The committee shall
16 annually submit reports of its general deliberations and
17 conclusions, as well as any specific issue reports completed at
18 the committee's discretion, to the Governor, members of the
19 General Assembly and the State Transportation Commission.
20 SECTION 8. SECTION 6506(A) OF TITLE 75 IS AMENDED TO READ: <--
21 § 6506. SURCHARGE.
22 (A) LEVY AND IMPOSITION.--IN ADDITION TO ANY FINES, FEES OR
23 PENALTIES LEVIED OR IMPOSED AS PROVIDED BY LAW, UNDER THIS TITLE
24 OR ANY OTHER STATUTE, A SURCHARGE SHALL BE LEVIED FOR
25 DISPOSITION IN ACCORDANCE WITH SUBSECTION (B) AS FOLLOWS:
26 (1) UPON CONVICTION FOR ANY VIOLATION OF THE PROVISIONS
27 OF THIS TITLE OR OTHER STATUTE OF THE COMMONWEALTH, OR
28 REGULATIONS PROMULGATED UNDER THIS TITLE, WHICH IS A TRAFFIC
29 VIOLATION AND WHICH IS NOT INCLUDED WITHIN THE PROVISIONS OF
30 PARAGRAPHS (2) THROUGH (7), EXCLUSIVE OF PARKING OFFENSES, A
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1 SURCHARGE OF $30.
2 (2) UPON CONVICTION FOR A VIOLATION OF THE FOLLOWING
3 PROVISIONS OF THIS TITLE, A SURCHARGE OF $40:
4 (I) SECTION 3306(A)(1) (RELATING TO LIMITATIONS ON
5 DRIVING ON LEFT SIDE OF ROADWAY).
6 (II) SECTION 3745 (RELATING TO ACCIDENTS INVOLVING
7 DAMAGE TO UNATTENDED VEHICLE OR PROPERTY).
8 (3) UPON CONVICTION FOR A VIOLATION OF SECTION 3345(A)
9 (RELATING TO MEETING OR OVERTAKING SCHOOL BUS), A SURCHARGE
10 OF $50.
11 (4) UPON CONVICTION FOR A VIOLATION OF SECTION 3362
12 (RELATING TO MAXIMUM SPEED LIMITS), THE FOLLOWING APPLICABLE
13 SURCHARGE:
14 (I) $30 FOR EXCEEDING THE MAXIMUM SPEED LIMIT BY 6
15 TO 10 MILES PER HOUR OR 11 TO 15 MILES PER HOUR.
16 (II) $40 FOR EXCEEDING THE MAXIMUM SPEED LIMIT BY 16
17 TO 25 MILES PER HOUR.
18 (III) $50 FOR EXCEEDING THE MAXIMUM SPEED LIMIT BY
19 AT LEAST 26 MILES PER HOUR.
20 (5) UPON CONVICTION FOR VIOLATION OF SECTION 4902
21 (RELATING TO RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES),
22 SUBCHAPTER C OF CHAPTER 49 (RELATING TO MAXIMUM WEIGHTS OF
23 VEHICLES) OR SUBCHAPTER E OF CHAPTER 49 (RELATING TO
24 MEASURING AND ADJUSTING VEHICLE SIZE AND WEIGHT), A SURCHARGE
25 OF $150.
26 (6) UPON CONVICTION FOR VIOLATION OF CHAPTER 47
27 (RELATING TO INSPECTION OF VEHICLES), BY THE OWNER OR
28 OPERATOR OR DRIVER OF A VEHICLE WHICH IS SUBJECT TO THE
29 PROVISIONS OF CHAPTER 49 (RELATING TO SIZE, WEIGHT AND LOAD),
30 A SURCHARGE OF $30.
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1 (7) UPON CONVICTION OF OFFENSES UNDER SECTION 3731
2 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
3 SUBSTANCE), OR UPON ADMISSION TO PROGRAMS FOR ACCELERATED
4 REHABILITATIVE DISPOSITION FOR OFFENSES ENUMERATED IN SECTION
5 3731, A SURCHARGE, RESPECTIVELY, OF:
6 (I) $50 FOR THE FIRST OFFENSE.
7 (II) $100 FOR THE SECOND OFFENSE.
8 (III) $200 FOR THE THIRD OFFENSE.
9 (IV) $300 FOR THE FOURTH AND SUBSEQUENT OFFENSES.
10 THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO ANY
11 VIOLATION COMMITTED BY THE OPERATOR OF A MOTORCYCLE, MOTOR-
12 DRIVEN CYCLE, PEDALCYCLE, MOTORIZED PEDALCYCLE OR RECREATIONAL
13 VEHICLE NOT INTENDED FOR HIGHWAY USE.
14 * * *
15 Section 8 9. This act shall take effect in 60 days. <--
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