PRINTER'S NO. 232
No. 154 Session of 2001
INTRODUCED BY PHILLIPS, ROSS, FORCIER, SAYLOR, BARD, FAIRCHILD,
GEIST, HESS, LEH, MAHER, MARKOSEK, MARSICO, McCALL, McGILL,
PIPPY, STAIRS AND WATSON, JANUARY 29, 2001
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 29, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, adding definitions; providing for maintenance of
3 certain pedestrian crosswalks and for enforcement of summary
4 offenses in State park and forest lands; and further
5 providing for snowmobiles and all-terrain vehicles.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 102 of Title 75 of the Pennsylvania
9 Consolidated Statutes is amended by adding definitions 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 context clearly
15 indicates otherwise, the meanings given to them in this section:
16 * * *
17 "Transfer." To change ownership by purchase, gift or any
18 other means.
19 "Transferee." A person to whom ownership of a motor vehicle
1 is transferred, by purchase, gift or any means other than by the
2 creation of a security interest, and any person who, as agent,
3 signs an odometer disclosure statement for the transferee.
4 "Transferor." A person who transfers his ownership of a
5 motor vehicle by sale, gift or any means other than by the
6 creation of a security interest, and any person who, as agent,
7 signs an odometer disclosure statement for the transferor.
8 * * *
9 Section 2. Title 75 is amended by adding sections to read:
10 § 6129. Maintenance of pedestrian crosswalks in school zones.
11 The department may paint and maintain pedestrian crosswalks
12 located within school zones on State-designated highways.
13 § 6313. Enforcement of summary offenses in State park and
14 forest lands.
15 (a) General rule.--Notwithstanding any provision of law to
16 the contrary, individuals appointed and commissioned by the
17 Department of Conservation and Natural Resources to preserve
18 order in the State park or State forest lands are specifically
19 authorized to enforce those provisions of this title which
20 designate violations as summary offenses, while acting within
21 the State park or State forest lands. The authority includes the
22 power to stop vehicles suspected of summary offenses, to issue
23 citations for summary offenses and, if a vehicle is stopped for
24 a suspected summary offense, to make arrests where evidence
25 appears of additional offenses designated as misdemeanors or
26 felonies.
27 (b) Construction.--Nothing in this section shall be
28 construed to limit the powers granted these individuals by law.
29 Section 3. Sections 7702, 7706, 7712, 7712.1, 7712.2,
30 7712.3, 7712.5, 7712.6, 7712.7, 7713, 7714, 7715(a), 7717,
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1 7724(a)(1), 7725(h), 7726, 7730 and 7752(a) and (d) of Title 75
2 are amended to read:
3 § 7702. Definitions.
4 The following words and phrases when used in this chapter
5 shall have, unless the context clearly indicates otherwise, the
6 meanings given to them in this section:
7 "All-terrain vehicle" or "ATV."
8 (1) A motorized off-highway vehicle, 50 inches or less
9 in width, having a dry weight of [600] 750 pounds or less,
10 traveling on three or more low-pressure tires and having a
11 seat designed to be straddled by the operator is designated
12 as a Class I all-terrain vehicle.
13 (2) A motorized off-highway vehicle, 58 inches or less
14 in width, having a dry weight of [700] 1,200 pounds or less,
15 traveling on four or more [low-profile, low-pressure]
16 inflatable tires and having a bench seat is designated as a
17 Class II all-terrain vehicle.
18 (3) This term does not include snowmobiles, trail bikes,
19 motorboats, golf carts, aircraft, dune buggies, automobiles,
20 construction machines, trucks or home utility machines;
21 military, fire, emergency and law enforcement vehicles;
22 implements of husbandry; multipurpose agricultural vehicles;
23 vehicles used by the department; or off-road vehicles not
24 generally used for outdoor recreation.
25 "Certificate of registration." A card issued by the
26 Department of Conservation and Natural Resources to the owner of
27 a snowmobile or ATV evidencing registration of the snowmobile or
28 ATV and containing such information as the department may
29 prescribe.
30 "Cowling." The forward portion of the snowmobile, usually of
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1 fiberglass or similar material, surrounding the motor and clutch
2 assembly.
3 "Dealer." A person engaged in the business of selling
4 snowmobiles or all-terrain vehicles at wholesale or retail.
5 "Department." The Department of [Environmental] Conservation
6 and Natural Resources of the Commonwealth.
7 "Expiration sticker." The sticker issued by the department
8 to the owner of a snowmobile or ATV upon initial registration
9 and upon each renewal, showing the expiration date of the
10 current registration.
11 "Head lamp." A major lighting device used to provide general
12 illumination ahead of a vehicle.
13 "Highway." The entire width between the boundary lines of
14 every way publicly maintained when any part thereof is open to
15 the use of the public for purposes of vehicular travel.
16 "Low-pressure tire." A pneumatic tire, six inches or more in
17 width, designed for use on wheels with a rim diameter of 12
18 inches or less and utilizing an operating pressure of ten pounds
19 per square inch or less, as recommended by the vehicle
20 manufacturer.
21 "Registration decal" or "decal." The registration number
22 decal issued by the Department of Conservation and Natural
23 Resources to the owner of a snowmobile upon initial registration
24 of the snowmobile. The term includes the expiration sticker.
25 "Registration plate." The registration number plate issued
26 by the department to the owner of an ATV upon initial
27 registration of the vehicle. The term includes the expiration
28 sticker.
29 "Snowmobile." An engine-driven vehicle [of a type which
30 utilizes sled type runners, or skis, or an endless belt tread or
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1 any combination of these or other similar means of contact with
2 the surface upon which it is operated] designed to travel over
3 snow or ice that has an endless belt track or tracks, steered by
4 a ski or skis and has an overall width of 48 inches or less. The
5 term does not include any farm tractor, [highway or other]
6 construction equipment, [or any] military [or law enforcement]
7 vehicle, vehicle with inflatable tires or machinery used
8 strictly for the grooming of snowmobile trails.
9 "Street." A highway, other than an alley, within the
10 corporate limits of a political subdivision.
11 "Tail lamp." A device to designate the rear of a vehicle by
12 a warning light.
13 § 7706. Restricted [receipts fund] account.
14 (a) Deposit and use of moneys.--The department shall deposit
15 all moneys received from the registration [of snowmobiles and
16 the registration] and issuance of certificates of title for
17 snowmobiles and ATV's, the sale of snowmobile and ATV
18 registration information, snowmobile and ATV publications and
19 other services provided by the department, and all fees [and],
20 fines, penalties and costs assessed and collected as a result of
21 enforcement activities conducted by the department law
22 enforcement personnel under this chapter in a restricted
23 [receipts fund] account, from which the department shall draw
24 moneys for use in [carrying out the registration and the
25 issuance of certificates of title, safety education and
26 enforcement requirements of this chapter as well as] performing
27 any activities necessary to carry out the purposes of this
28 chapter, including registration and certificate of title
29 activities, safety education, enforcement activities, the
30 establishment, construction and maintenance of snowmobile and
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1 ATV trails and any equipment and supplies necessary to carry out
2 the purposes of this chapter. All moneys in [said fund not
3 heretofore paid into the General Fund] the restricted account
4 shall remain in [said restricted receipts fund] the restricted
5 account to be used as specified in this [chapter and any
6 increases in moneys previously paid to the General Fund shall
7 remain in said restricted receipts fund to be used as specified
8 in this chapter.] section. The provisions of 42 Pa.C.S. §
9 3573(b)(2) (relating to municipal corporation portion of fines,
10 etc.) notwithstanding, when prosecution under this chapter is
11 the result of local police action, all fines, penalties, fees
12 and costs assessed as a result of such prosecution shall be
13 payable to the municipal corporation under which the local
14 police are organized.
15 (b) Grant-in-aid.--The department shall also, upon written
16 application and subsequent approval, [disperse] disburse moneys
17 to municipalities, nonprofit [snowmobile clubs] and for-profit
18 organizations for construction, maintenance and rehabilitation
19 of snowmobile or ATV trails or any other facilities on lands not
20 owned by the Commonwealth for the use of snowmobiles or ATV's,
21 including [plans]:
22 (1) Plans and specifications, engineering surveys and
23 supervision and land acquisition where necessary.
24 (2) Fees and costs for preparation or performance of
25 right-of-way lease agreements.
26 (3) Education.
27 (4) Safety training and equipment.
28 (5) Any other activities to carry out the purposes of
29 this chapter.
30 The department shall promulgate such rules and regulations it
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1 deems necessary for the administration of this subsection.
2 (c) Audit of moneys.--The restricted receipts fund shall be
3 audited every two years.
4 § 7712. Registration of snowmobiles and registration and
5 issuance of certificates of title for ATV's.
6 (a) General rule.--Upon application therefor upon a form
7 prescribed and furnished by the department which shall contain a
8 full description of the snowmobile or ATV, the actual and bona
9 fide name and address of the owner, proof of ownership and any
10 other information the department may reasonably require, and
11 which shall be accompanied by the required fee, the department
12 shall issue a certificate of registration of a snowmobile or an
13 ATV [and a decal showing the expiration date] to the owner. In
14 addition, for a new registration of a snowmobile, the department
15 shall issue a registration decal; for a new registration of an
16 ATV, the department shall issue a registration plate; and for a
17 renewal of registration of a snowmobile or ATV, the department
18 shall issue an expiration sticker.
19 (b) Temporary registration.--Temporary registration for a
20 period not to exceed 45 days may be issued by a registered
21 dealer [pursuant to rules and regulations promulgated] as
22 prescribed by the department. Proof of temporary registration
23 shall be carried and displayed as prescribed by the department.
24 (c) Fees.--Fees for [registration of snowmobiles and]
25 registration and issuance of certificates of title for
26 snowmobiles and ATV's to be collected by the department under
27 this chapter are as follows:
28 (1) Each individual resident registration for two years,
29 $20 for a snowmobile and $20 for an ATV.
30 (2) Each individual nonresident registration for two
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1 years, $20 for a snowmobile and $20 for an ATV.
2 (3) Each dealer registration for one year, $25.
3 (4) Replacement of a lost, mutilated or destroyed
4 certificate [or decal] of registration, registration decal or
5 registration plate, $1.
6 (5) Transfers of snowmobile and ATV registrations as
7 described in section 7713 (relating to certificates of
8 registration [and decals], registration decals and
9 registration plates), $3.
10 (6) Certificate of title for [an] a snowmobile or ATV,
11 $15.
12 (d) Exemptions from fees.--No fee is required for the
13 registration of snowmobiles or ATV's owned by:
14 (1) The Commonwealth.
15 (2) Political subdivisions.
16 (3) Volunteer organizations and used exclusively for
17 emergency purposes.
18 § 7712.1. Certificate of title for [ATV's] snowmobile or ATV
19 required.
20 (a) General rule.--Except as otherwise provided in this
21 section, every owner of a [Class I or Class II] snowmobile or
22 ATV which is in this Commonwealth and for which no certificate
23 of title has been issued shall make application to the
24 department for a certificate of title to the snowmobile or ATV.
25 (b) Exception.--The provisions of this section which require
26 every owner of [an] a snowmobile or ATV to make application for
27 and receive a certificate of title shall not apply to any person
28 who has registered [an] a snowmobile or ATV on or before the
29 effective date of this section unless that owner resells the
30 registered snowmobile or ATV.
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1 (c) Contents of application.--Application for a certificate
2 of title shall be made upon a form prescribed and furnished by
3 the department and shall contain a full description of the
4 snowmobile or ATV, date of purchase, the actual or bona fide
5 name and address of the owner, a statement of the title of
6 applicant, together with any other information or documents the
7 department requires to identify the snowmobile or ATV and to
8 enable the department to determine whether the owner is entitled
9 to a certificate of title.
10 (d) Signing and filing of application.--Application for a
11 certificate of title shall be made within 15 days of the sale or
12 transfer of [an] a snowmobile or ATV or its entry into this
13 Commonwealth from another jurisdiction, whichever is later. The
14 application shall be accompanied by the fee prescribed in this
15 subchapter, and any tax payable by the applicant under the laws
16 of this Commonwealth in connection with the acquisition or use
17 of [an] a snowmobile or ATV or evidence to show that the tax has
18 been paid or collected. The application shall be signed and
19 verified by oath or affirmation by the applicant if a natural
20 person; in the case of an association or partnership, by a
21 member or a partner; and in the case of a corporation, by an
22 executive officer or some person specifically authorized by the
23 corporation to sign the application.
24 (e) Snowmobiles and ATV's purchased from dealers or
25 manufacturers.--If the application refers to [an] a snowmobile
26 or ATV purchased from a dealer or manufacturer, the dealer or
27 manufacturer shall mail or deliver to the department the
28 certificate of title and any other required forms within 15 days
29 of the date of purchase. Any dealer or manufacturer violating
30 this subsection is guilty of a summary offense and shall, upon
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1 conviction, be sentenced to pay a fine of $50 for each
2 violation. In addition, if a dealer violates this section, the
3 department may suspend or revoke the registration issued under
4 section 7711 (relating to registration of dealers). The
5 requirement that the dealer or manufacturer mail or deliver the
6 application to the department does not apply to snowmobiles or
7 ATV's purchased by governmental agencies.
8 (f) Snowmobiles and ATV's not requiring certificate of
9 title.--No certificate of title is required for:
10 (1) [An] A snowmobile or ATV owned by the United States
11 unless it is registered in this Commonwealth.
12 (2) A new snowmobile or ATV owned by a manufacturer or
13 registered dealer before and until sale.
14 (3) Any snowmobile or ATV which meets the requirements
15 of subsection (b) prior to any resale.
16 (g) Registration without certificate prohibited.--Except as
17 provided in subsection (b), the department shall not register or
18 renew the registration of [an] a snowmobile or ATV unless a
19 certificate of title has been issued by the department to the
20 owner or an application for a certificate of title has been
21 delivered by the owner to the department.
22 (h) Refusing issuance of certificate of title.--The
23 department may refuse issuance of a certificate of title when it
24 has reasonable grounds to believe any of the following:
25 (1) That any required fee has not been paid.
26 (2) That any taxes payable under the laws of this
27 Commonwealth on or in connection with, or resulting from the
28 acquisition or use of, the snowmobile or ATV have not been
29 paid.
30 (3) That the applicant is not the owner of the
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1 snowmobile or ATV.
2 (4) That the application contains a false or fraudulent
3 statement.
4 (5) That the applicant has failed to furnish required
5 information or documents or any additional information the
6 department reasonably requires.
7 [(i) Suspension and cancellation of certificate of title.--
8 (1) The department may cancel the certificate of title
9 issued for a new ATV when it is shown by satisfactory
10 evidence that the ATV has been returned within 45 days to the
11 manufacturer or dealer from whom obtained.
12 (2) The department, upon receipt of certification from
13 the clerk of any court showing conviction for a misstatement
14 of facts on any application for a certificate of title or any
15 transfer of a certificate of title, shall suspend the
16 certificate of title and require that the certificate be
17 returned immediately to the department, whereupon the
18 department may cancel the certificate.
19 (3) The department may suspend a certificate of title
20 when a check received in payment of the fee is not paid on
21 demand or when the fee for the certificate is unpaid and
22 owing.]
23 (j) Transfer of ownership of snowmobile or ATV.--
24 (1) In the event of the sale or transfer of the
25 ownership of [an] a snowmobile or ATV within this
26 Commonwealth, the owner shall execute an assignment and
27 warranty of title to the transferee in the space provided on
28 the certificate or as the department prescribes, sworn to
29 before a notary public or other officer empowered to
30 administer oaths, and deliver the certificate to the
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1 transferee at the time of the delivery of the snowmobile or
2 ATV.
3 (2) Except as otherwise provided in section 7712.2
4 (relating to transfer to or from manufacturer or dealer), the
5 transferee shall, within 15 days of the assignment or
6 reassignment of the certificate of title, apply for a new
7 title by presenting to the department the properly completed
8 certificate of title, sworn to before a notary public or
9 other officer empowered to administer oaths, and accompanied
10 by such forms as the department may require.
11 (3) Any person violating subsection (a) shall be guilty
12 of a summary offense and shall, upon conviction, be
13 sentenced:
14 (i) For a first offense, to pay a fine of $100.
15 (ii) For a subsequent offense, to pay a fine of not
16 less than $300 nor more than $1,000.
17 § 7712.2. Transfer to or from manufacturer or dealer.
18 (a) Transfer to manufacturer or dealer.--When the purchaser
19 or transferee of [an] a snowmobile or ATV is a manufacturer or
20 registered dealer who holds the snowmobile or ATV for resale, a
21 certificate of title need not be applied for as provided for in
22 section 7712.1 (relating to certificate of title for [ATV's]
23 snowmobile or ATV required), but the transferee shall, within
24 seven days from the date of assignment of the certificate of
25 title to the manufacturer or dealer, forward to the department,
26 upon a form prescribed and furnished by the department,
27 notification of the acquisition of the snowmobile or ATV.
28 Notification as authorized in this section may not be used in
29 excess of three consecutive transactions after which time an
30 application shall be made for a certificate of title.
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1 (b) Execution and display of notice of transfer.--The
2 manufacturer or dealer making notification as to any snowmobile
3 or ATV acquired pursuant to subsection (a) shall execute at
4 least three copies, the original of which shall be forwarded to
5 the department, one copy to accompany the snowmobile or ATV on
6 any subsequent transfer and one copy to be retained by the
7 manufacturer or dealer for at least one year after a subsequent
8 transfer, to be exhibited, with the assigned certificate of
9 title, upon request of any police officer or authorized
10 department employee.
11 (c) Transfer from manufacturer or dealer.--Except as
12 otherwise provided in this section when the transferee is
13 another manufacturer or dealer:
14 (1) The manufacturer or dealer, upon transferring their
15 interest in the snowmobile or ATV, shall execute an
16 assignment and warranty of title to the transferee in the
17 space provided on the certificate or as the department
18 prescribes.
19 (2) The transferee shall complete the application for
20 certificate of title in the name of the transferee.
21 (3) The manufacturer or dealer shall forward the
22 certificate of title and any other required forms to the
23 department within 15 days of the transfer.
24 (d) Exception for repossessed snowmobiles or ATV's.--This
25 section does not apply to [an] a snowmobile or ATV repossessed
26 upon default of performance of a lease, contract of conditional
27 sale or similar agreement.
28 (e) Penalty.--Any manufacturer or dealer violating any of
29 the provisions of this section is guilty of a summary offense
30 and shall, upon conviction, be sentenced to pay a fine of $50
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1 for each violation. In addition, if a dealer violates this
2 section, the department may suspend or revoke the registration
3 issued under section 7711 (relating to registration of dealers).
4 § 7712.3. Transfer of snowmobile or ATV by operation of law.
5 (a) General rule.--If the interest of an owner in [an] a
6 snowmobile or ATV passes to another other than by voluntary
7 transfer, the transferee shall, except as otherwise provided,
8 promptly mail or deliver to the department the last certificate
9 of title, if available, and shall apply for a new certificate of
10 title on a form prescribed and furnished by the department. The
11 application shall be accompanied by such instruments or
12 documents of authority, or certified copies thereof, as may be
13 sufficient or required by law to evidence or effect a transfer
14 of title or interest in or to chattels in such case.
15 (b) Transfer to surviving spouse.--Transfer of a certificate
16 of title to a surviving spouse, or any person designated by the
17 spouse, may be made without the necessity of filing for letters
18 of administration notwithstanding the fact that there are minor
19 children surviving the decedent provided the surviving spouse
20 files an affidavit that all the debts of the decedent have been
21 paid.
22 (c) Surrender of certificate.--A person holding a
23 certificate of title, whose interest in [an] a snowmobile or ATV
24 has been extinguished or transferred other than by voluntary
25 transfer, shall immediately surrender the certificate of title
26 to the person to whom the right to possession of the snowmobile
27 or ATV has passed. Upon request of the department, such person
28 shall mail or deliver the certificate to the department.
29 Delivery of the certificate pursuant to the request of the
30 department does not affect the rights of the person surrendering
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1 the certificate.
2 § 7712.5. Issuance of new certificate following transfer.
3 (a) Voluntary transfer.--The department, upon receipt of a
4 properly assigned certificate of title with an application for a
5 new certificate of title, the required fee and any other
6 required documents and articles, shall issue a new certificate
7 of title in the name of the transferee as owner and mail it to
8 the first lienholder named in the certificate or, if none, to
9 the owner.
10 (b) Involuntary transfer.--The department, upon receipt of
11 an application for a new certificate of title by a transferee
12 other than by voluntary transfer, on a form prescribed and
13 furnished by the department together with proper proof
14 satisfactory to the department of the transfer, the required fee
15 and any other required documents and articles, shall issue a new
16 certificate of title in the name of the transferee as owner.
17 (c) Filing and retention of surrendered certificate.--The
18 department shall file and retain for five years every
19 surrendered certificate of title, or a copy, in such a manner as
20 to permit the tracing of title of the snowmobile or ATV.
21 § 7712.6. Suspension and cancellation of certificate of title.
22 (a) Return of new snowmobile or ATV.--The department may
23 cancel the certificate of title issued for a new snowmobile or
24 ATV when it is shown by satisfactory evidence that the
25 snowmobile or ATV has been returned within the time specified in
26 the department regulations to the manufacturer or dealer from
27 whom obtained.
28 (b) Snowmobiles or ATV's sold to nonresidents.--The
29 department may cancel certificates of title for snowmobiles or
30 ATV's sold to residents of other states or foreign countries
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1 when the snowmobile or ATV is to be registered in the other
2 jurisdiction.
3 (c) Surrender of Pennsylvania certificate in other
4 jurisdiction.--The department, upon receipt of notification from
5 another state or foreign country that a certificate of title
6 issued by the department has been surrendered by the owner in
7 conformity with the laws of the other state or foreign country,
8 may cancel the certificate of title.
9 (d) Surrender of foreign certificate to department.--When an
10 owner surrenders a certificate of title from another state or
11 foreign country to the department, the department may notify the
12 state or foreign country in order that the certificate of title
13 may be canceled or otherwise disposed of in accordance with the
14 law of the other jurisdiction.
15 (e) Conviction for misstatement of facts.--The department,
16 upon receipt of certification from the clerk of any court
17 showing conviction for a misstatement of facts on any
18 application for an original or duplicate certificate of title or
19 any transfer of a certificate of title, shall suspend the
20 certificate of title and require that the certificate be
21 returned immediately to the department, whereupon the department
22 may cancel the certificate.
23 (f) Nonpayment of fee.--The department may suspend or cancel
24 a certificate of title when a check received in payment of the
25 fee is not paid on demand or when the fee for the certificate is
26 unpaid and owing.
27 (g) Security interest unaffected by suspension or
28 cancellation.--Suspension or cancellation of a certificate of
29 title does not, in itself, affect the validity of a security
30 interest noted on the certificate.
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1 (h) Surrender of certificate.--The department may request
2 the return of certificates of title which have been suspended or
3 canceled. The owner or person in possession of the certification
4 of title shall immediately mail or deliver the certificate to
5 the department.
6 § 7712.7. Application for certificate of title by agent.
7 (a) Authorization to make application.--No person shall make
8 application for a certificate of title when acting for another
9 person unless authorization to make the application is in effect
10 and is verified by oath or affirmation of the other person,
11 made, excepting as between lessors and fleet owners as lessees,
12 not more than 15 days before the application is received by the
13 department. Lessors may authorize fleet owners to make
14 application for certificates of title for leased snowmobiles or
15 ATV's for periods of up to one year.
16 (b) Certificate not to be assigned in blank.--No person
17 shall make application for, or assign or physically possess, a
18 certificate of title, or direct or allow another person in his
19 employ or control to make application for, or assign or
20 physically possess, a certificate of title, unless the name of
21 the transferee is placed on the assignment of certificate of
22 title simultaneously with the name of the transferor and duly
23 notarized.
24 (c) Persons authorized to hold certificate.--No person shall
25 receive, obtain or hold a certificate of title recorded in the
26 name of another person for the other person who is not in the
27 regular employ of, or not a member of the family of, the other
28 person, unless the person receiving, obtaining or holding the
29 certificate of title has a valid undischarged lien recorded in
30 the department against the snowmobile or ATV represented by the
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1 certificate of title.
2 (d) Penalty.--Any person violating any of the provisions of
3 this section is guilty of a summary offense and shall, upon
4 conviction, be sentenced to pay a fine of $100.
5 § 7713. Certificates of registration [and decals], registration
6 decals and registration plates.
7 [(a) General rule.--Except as otherwise provided in this
8 chapter, it is unlawful to operate a snowmobile or an ATV unless
9 a certificate of registration has been issued therefor and
10 unless there is displayed thereon the permanent or temporary
11 registration decal.]
12 (a) General rule.--Except as otherwise provided in this
13 chapter, it is unlawful to operate, or knowingly permit to be
14 operated, a snowmobile or an ATV for recreational purposes or
15 for any activities other than farming or business operations
16 unless:
17 (1) A certificate of registration has been issued
18 therefor.
19 (2) There is displayed on the snowmobile the
20 registration decal or there is displayed on the ATV the
21 registration plate.
22 (3) There is carried on the snowmobile or ATV the
23 certificate of registration.
24 (4) For a snowmobile or ATV with temporary registration
25 under section 7712(b) (relating to registration of
26 snowmobiles and registration and issuance of certificates of
27 title for ATV's) there is carried and displayed proof of
28 temporary registration as prescribed by the department.
29 (b) Snowmobiles or ATV's purchased from dealers or
30 manufacturers.--If a snowmobile or ATV is purchased from a
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1 dealer or manufacturer, the dealer or manufacturer shall mail or
2 deliver to the department the application for the certificate of
3 registration and any other required forms within 15 days of the
4 date of purchase. Individuals seeking exemption under section
5 7714 (relating to exemptions from registration) shall sign an
6 affidavit which will be submitted to the department in lieu of
7 the application for [certification] the certificate of
8 registration. Any dealer or manufacturer violating the
9 requirements of this subsection commits a summary offense and
10 shall, upon conviction, be sentenced to pay a fine of $300 or 90
11 days imprisonment, or both. In addition, if a dealer violates
12 this subsection, the department may suspend or revoke the
13 registration issued under section 7711 (relating to registration
14 of dealers).
15 (c) Display of registration decal.--[The department shall
16 issue registration decals no larger than 3 1/2 by 6 inches that
17 shall be displayed on both sides of the cowling of the
18 snowmobile for which issued.] The department shall [by
19 regulation] prescribe the type of registration decals and
20 registration plates and the manner in which [the registration
21 decals] they shall be displayed on various types of snowmobiles
22 and ATV's.
23 (d) Expiration on transfer.--The certificate of registration
24 issued to the owner of a snowmobile or an ATV shall expire and
25 the registration decal and registration plate shall become
26 invalid when ownership of the snowmobile or ATV is transferred.
27 Upon any transfer, the seller (and former owner) shall, within
28 15 days from the date of sale, return to the department the
29 certificate of registration previously issued to him with the
30 date of sale, name and residence of the new owner endorsed on
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1 the back. If the former owner applies for registration of a
2 different snowmobile or ATV and pays a transfer fee, he may be
3 issued, in his name, a certificate of registration for that
4 snowmobile or ATV for the remainder of the registration period
5 without payment of a registration fee.
6 (e) Suspension or revocation.--The department may suspend or
7 revoke the [certification] certificate of registration for a
8 snowmobile or an ATV upon conviction of the owner of any offense
9 under this chapter.
10 § 7714. Exemptions from registration.
11 No certificate of registration [or], registration decal or
12 registration plate shall be required for a snowmobile or an ATV:
13 (1) Owned and used by the United States or another
14 state, or a political subdivision thereof, but such
15 snowmobile [shall display the name of the owner on the
16 cowling thereof, and such] or ATV shall display the name of
17 the owner in a manner prescribed by [regulation of] the
18 department.
19 (2) [Owned and operated on lands owned by the owner or
20 operator of the snowmobile or ATV or on lands to which he has
21 a contractual right other than as a member of a club or
22 association, provided the snowmobile or ATV is not operated
23 elsewhere within this Commonwealth.] That will be used solely
24 for farming or business purposes and not at any time for
25 recreation.
26 § 7715. Reciprocity.
27 (a) General rule.--Nonresident owners of a snowmobile or an
28 ATV covered by a valid registration of the state, province,
29 district or country of residence are required to pay a
30 registration fee and to display a current [validation decal]
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1 expiration sticker.
2 * * *
3 § 7717. [Snowmobile] Trail Advisory [Committee] Committees.
4 (a) Establishment.--There is hereby established under the
5 jurisdiction of the department [a board known as] the following
6 boards:
7 (1) The Snowmobile Trail Advisory Committee.
8 (2) The ATV Trail Advisory Committee.
9 (b) Composition.--[The Snowmobile Trail Advisory Committee
10 shall be appointed within three months of the effective date of
11 this section and biannually thereafter. The membership shall be
12 composed of three members from the Pennsylvania State Snowmobile
13 Association, one of whom shall have experience in trail creation
14 on public land, one of whom shall have experience in trail
15 creation on private land and one of whom shall be a member at
16 large. In addition, one member shall be appointed from each of
17 the following organizations: Pennsylvania Travel Council,
18 Pennsylvania State Association of Township Supervisors,
19 Pennsylvania State Association of Township Commissioners,
20 Pennsylvania State Association of Boroughs, Pennsylvania State
21 Association of County Commissioners, Pennsylvania Association of
22 Realtors, Pennsylvania Landowners Association, Pennsylvania
23 Vacation Land Developers Association, Pennsylvania Chapter of
24 Rails to Trails Conservancy, Department of Commerce and
25 Department of Community Affairs. The name of the representatives
26 shall be submitted to the secretary within ten days of the
27 receipt of the request for them.] Committee members shall be
28 appointed by the secretary to serve staggered three-year terms.
29 Members of the Snowmobile Trail Advisory Committee shall
30 represent the various interests associated with acquisition,
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1 development, maintenance and use of snowmobile trails. Members
2 of the ATV Trail Advisory Committee shall represent the various
3 interests associated with acquisition, development, maintenance
4 and use of ATV trails.
5 (c) Responsibilities.--The [committee] Snowmobile Trail
6 Advisory Committee shall review existing and proposed
7 regulations, standards and procedures for all snowmobile trail
8 acquisition, construction, development and maintenance. [The
9 committee] It may also make recommendations on snowmobile trail
10 sites, trail site acquisition and the allocation of fees
11 collected pursuant to this chapter regarding acquisition,
12 construction and maintenance of trails for snowmobile use. The
13 ATV Trail Advisory Committee shall have the same
14 responsibilities with regard to ATV trails.
15 (d) Advisory committee actions.--The recommendations of the
16 advisory [committee] committees shall be submitted to the
17 secretary who shall give due consideration to them.
18 § 7724. Operation on private or State property.
19 (a) Private real property.--
20 (1) No person shall operate a snowmobile or an ATV on
21 any private real property without the consent of the owner or
22 lessor thereof. Any person operating a snowmobile or an ATV
23 upon [lands] land of another shall stop and identify himself
24 upon the request of the landowner or his duly authorized
25 representatives and, if requested to do so by the landowner,
26 shall promptly remove the snowmobile or ATV from the
27 premises.
28 * * *
29 § 7725. Operation by persons under age sixteen.
30 * * *
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1 (h) Snowmobile and ATV safety program.--The department shall
2 implement a comprehensive snowmobile and ATV information, safety
3 education and training program which shall include the
4 preparation and dissemination of information and safety advice
5 to the public and training of operators. The program shall
6 provide for the training of youthful operators and for the
7 issuance of snowmobile or ATV safety certificates to those who
8 successfully complete the training provided under the program.
9 * * *
10 § 7726. Operation in safe manner.
11 (a) General rule.--No person shall operate a snowmobile or
12 an ATV in any of the following ways:
13 (1) At a rate of speed that is unreasonable or improper
14 under existing conditions or in excess of the maximum limits
15 posted for vehicular traffic.
16 (2) In any careless way so as to endanger the person or
17 property of another.
18 (3) While under the influence of alcohol or any
19 controlled substance.
20 (b) Permitting unsafe operation.--No owner or other person
21 having charge or control of a snowmobile or an ATV shall
22 knowingly authorize or permit the operation of the snowmobile or
23 ATV by any person who is incapable to do so by reason of age,
24 physical or mental disability, or who is under the influence of
25 alcohol or any controlled substance.
26 (c) Operation on highways and streets open to snowmobiles or
27 ATV's and vehicular traffic.--No person shall operate a
28 snowmobile or ATV in any of the following ways on highways and
29 streets open to snowmobiles or ATV's and vehicular traffic:
30 (1) Upon the left side of highways or streets, except
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1 one-way streets, or as specified in paragraph (2).
2 (2) Ride two snowmobiles or ATV's abreast. Snowmobiles
3 and ATV's shall be operated in single file except when
4 overtaking another vehicle. The driver of any vehicle
5 overtaking another vehicle proceeding in the same direction
6 shall pass at a safe distance to the left thereof, until
7 safely clear of such overtaken vehicle. Nothing in this
8 section shall be construed to prohibit a driver overtaking
9 the passing upon the right of another vehicle which is making
10 or about to make a left turn. The driver of a vehicle shall
11 not drive to the left side of the center of a highway in
12 overtaking or passing another vehicle proceeding in the same
13 direction, unless the left side is clearly visible and is
14 free of oncoming traffic for a sufficient distance ahead to
15 permit the overtaking or passing to be made in safety.
16 (3) Turn to the right or left at an intersection or stop
17 or decrease speed at an intersection without signaling as
18 stated in this paragraph. The driver shall extend his hand
19 and arm from the left side of the vehicle in the following
20 manner to indicate as stated:
21 (i) Left turn or other vehicle movement toward left,
22 hand and arm extended horizontally.
23 (ii) Right turn or other vehicle movement toward
24 right, left hand and arm extended outward and pointed
25 upward from the elbow.
26 (iii) Stop or decrease speed, either the left or
27 right hand and arm extended upward.
28 (4) Disobey any traffic signal or signs placed in
29 accordance with this title unless otherwise directed by a
30 peace officer.
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1 (5) Without a securely fastened helmet on the head of an
2 individual who operates or is a passenger on a snowmobile or
3 ATV or who is being towed or otherwise propelled by a
4 snowmobile. The department shall specify the types of helmets
5 allowed through rules and regulations.
6 (d) Unsafe carrying of passengers.--No person shall operate
7 an ATV with a passenger unless the ATV is designed to carry a
8 passenger. A person violating this subsection commits a summary
9 offense and shall, upon conviction, be sentenced to pay a fine
10 of $100.
11 § 7730. Liability insurance.
12 (a) Requirement.--Any snowmobile or ATV required to be
13 registered pursuant to this chapter shall have liability
14 insurance coverage issued by an insurance carrier authorized to
15 do business in this Commonwealth.
16 (b) Proof of insurance.--Proof of insurance as required by
17 this section shall be produced and displayed by the owner or
18 operator of such snowmobile or ATV upon the request of any
19 magistrate or any person having authority to enforce the
20 provisions of this chapter or to any person who has suffered or
21 claims to have suffered either personal injury or property
22 damage as a result of the operation of such snowmobile or ATV.
23 It shall be an affirmative defense to any prosecution for a
24 violation of this section that such proof was so produced within
25 24 hours of receiving notice of such violation, injury or damage
26 or the claim of such injury or damage.
27 (c) Owner's responsibility.--No owner of a snowmobile or ATV
28 shall operate or permit the same to be operated without having
29 in full force and effect liability insurance coverage required
30 by this section. The operator of a snowmobile or ATV shall carry
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1 proof of insurance on their person or on the snowmobile or ATV
2 when it is in operation.
3 § 7752. Penalties for violation of chapter.
4 (a) General rule.--Except as provided in subsections (b)
5 [and (c)], (c) and (d) and unless otherwise provided in this
6 chapter, any person violating any of the provisions of this
7 chapter is guilty of a summary offense and shall, upon
8 conviction:
9 (1) For a first offense, be sentenced to pay a fine of
10 not less than [$25] $50 nor more than [$100] $200 and costs
11 of prosecution and, in default of the payment thereof, shall
12 undergo imprisonment for not more than ten days.
13 (2) For a [second] subsequent offense, be sentenced to
14 pay a fine of not less than [$50] $100 nor more than [$200]
15 $300 and costs of prosecution and, in default of the payment
16 thereof, shall undergo imprisonment for not more than 30
17 days.
18 * * *
19 (d) Registration [and decals].--Any person violating section
20 7713(a) (relating to certificates of registration [and],
21 registration decals and registration plates) by failing to
22 obtain a certificate of registration commits a summary offense
23 and shall, upon conviction, be sentenced to pay a fine of $300
24 or to 90 days imprisonment, or both. Proceedings for a summary
25 offense under this section must be commenced within 60 days
26 after commission of the alleged offense or within 60 days after
27 discovery of the commission of the offense or the identity of
28 the offender, whichever is later. Any person violating section
29 7713(a) by failing to properly display a registration [number or
30 the validation] decal or registration plate or by failing to
20010H0154B0232 - 26 -
1 carry a certificate of registration commits a summary offense
2 and shall, upon conviction, be sentenced to pay a fine of $50.
3 Section 4. This act shall take effect in 60 days.
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