PRINTER'S NO. 161
No. 138 Session of 1983
INTRODUCED BY LASHINGER, J. L. WRIGHT, E. Z. TAYLOR AND MICOZZIE, FEBRUARY 8, 1983
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 8, 1983
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, adding provisions relating to operation of and 3 safety requirements for frozen dessert trucks; and providing 4 penalties. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Title 75 of known as the Pennsylvania 8 Consolidated Statutes, is amended by adding a chapter to read: 9 CHAPTER 79 10 FROZEN DESSERT TRUCKS 11 Sec. 12 7901. Definitions. 13 7902. Approaching or overtaking stopped frozen dessert truck. 14 7903. Equipment requirements for frozen dessert trucks. 15 7904. Use of flashing lights and stop signal arm. 16 7905. Conditions for vending. 17 7906. Backing up truck to make sale. 18 7907. Riding in or on frozen dessert truck.
1 7908. Penalty for violation of chapter. 2 § 7901. Definitions. 3 The following words and phrases when used in this act shall 4 have the meanings given to them in this section unless the 5 context clearly indicates otherwise: 6 "Frozen dessert truck." Every motor vehicle in which frozen 7 desserts are carried for purposes of retail sale on the streets 8 of this Commonwealth. 9 "Frozen desserts." Ice cream, frozen custard, French ice 10 cream, French custard ice cream, sherbet, fruit sherbet, ice 11 milk, ice, water ice, nonfruit sherbets, nonfruit water ices, 12 freezer made milk shakes, quiescently frozen confection, 13 quiescently frozen dairy confection, whipped cream confection, 14 bisque tortoni, artificially sweetened ice cream, artificially 15 sweetened ice milk, special frozen dietary foods, frozen yogurt 16 and mellorine frozen desserts, as all of these products are 17 commonly known, together with any such mix used in frozen 18 desserts and any products which are similar in appearance, odor 19 or taste to such products or are prepared or frozen as such 20 products are customarily prepared or frozen whether made with 21 dairy or nondairy products and ice flavored with syrup. 22 "Vend" or "vending." Offering frozen desserts for sale from 23 a motor vehicle on the streets of this Commonwealth. 24 § 7902. Approaching or overtaking stopped frozen dessert truck. 25 (a) General rule.--The driver of a vehicle approaching or 26 overtaking from either direction a frozen dessert truck stopped 27 on the highway shall stop before reaching the truck when the 28 flashing red lights and stop signal arm are in use. After 29 stopping, a driver may proceed past the truck at a reasonable 30 and prudent speed, not exceeding 15 miles per hour, and shall 19830H0138B0161 - 2 -
1 yield the right-of-way to any pedestrian who crosses the roadway 2 to or from the frozen dessert truck. 3 (b) Separated multiple roadways.--The driver of a vehicle on 4 a highway having dual or multiple roadways separated by safety 5 islands or physical traffic separation installations need not 6 stop upon meeting or passing a frozen dessert truck on another 7 roadway. 8 § 7903. Equipment requirements for frozen dessert trucks. 9 In addition to other equipment required by law, every frozen 10 dessert truck shall be equipped with: 11 (1) Signal lamps mounted at the same level and as high 12 and as widely spaced laterally as practicable. These lamps 13 shall be five to seven inches in diameter and shall display 14 two synchronously flashing amber lights to the front and two 15 synchronously flashing red lights to the rear which are 16 visible at 500 feet in normal sunlight upon a straight level 17 highway. 18 (2) A stop signal arm that can be extended horizontally 19 from the left side of the truck duplicating the design, size 20 and specifications established by department regulations. 21 This arm shall be red and white in color and contain two 22 synchronously flashing lamps three to five inches in diameter 23 visible at 300 feet to the front and rear in normal sunlight 24 upon a straight level highway. The color of the two lights 25 facing to the front shall be amber and the two lights facing 26 to the rear shall be red. The bottom of the signal arm shall 27 be 42 inches above the highway. 28 (3) A convex mirror mounted on the front so the driver 29 in his normal seating position can see the area in front of 30 the truck obscured by the hood. 19830H0138B0161 - 3 -
1 § 7904. Use of flashing lights and stop signal arm. 2 (a) General rule.--The driver of a frozen dessert truck 3 stopped on the highway for the purpose of vending shall actuate 4 the special red flashing lights and extend the stop signal arm. 5 (b) Limitations on use.--These lights and the stop signal 6 arm shall not be used when the truck is in motion nor at any 7 time the truck is stopped for a purpose other than vending. 8 § 7905. Conditions for vending. 9 The following rules apply to vending: 10 (1) A person shall not vend on streets where the speed 11 limit exceeds 30 miles per hour. 12 (2) A person shall not vend within 500 feet of any 13 property used as a grade or junior high or middle school from 14 one hour before the regular school day to one hour after the 15 regular school day. This paragraph does not apply on days 16 when school is not attended by children nor on school 17 property when vending has been approved in writing by the 18 board of school directors. 19 (3) A person shall vend only when the frozen dessert 20 truck is lawfully parked or stopped. 21 (4) A person shall vend only from the side of the truck 22 away from moving traffic and as near as possible to the curb 23 or edge of the highway. 24 (5) A person shall not vend to a person standing in the 25 roadway. 26 (6) A person shall not stop on the left side of a one- 27 way highway to vend. 28 § 7906. Backing up truck to make sale. 29 The driver of a frozen dessert truck shall not back up the 30 truck to make or attempt a sale. 19830H0138B0161 - 4 -
1 § 7907. Riding in or on frozen dessert truck. 2 (a) General rule.--The driver of a frozen dessert truck 3 shall not permit any unauthorized person to ride in or on the 4 vehicle. 5 (b) Authorized persons.--A person shall not ride in or on a 6 frozen dessert truck unless employed by its owner or unless 7 authorized in writing to do so by the owner or police 8 department. 9 § 7908. Penalty for violation of chapter. 10 A person violating any of the provisions of this chapter 11 commits a summary offense and shall, upon conviction, be 12 sentenced to pay a fine of $100 or to imprisonment for not more 13 than 30 days, or both. 14 Section 2. This act shall take effect in 60 days. A10L75RAW/19830H0138B0161 - 5 -