PRIOR PRINTER'S NO. 232 PRINTER'S NO. 708
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
AS RE-REPORTED FROM COMMITTEE ON RULES, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 12, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, adding definitions; FURTHER PROVIDING FOR PENALTIES <--
3 FOR PERSONS WHO VIOLATE PEDESTRIAN RIGHT-OF-WAY IN
4 CROSSWALKS; providing for maintenance of certain pedestrian
5 crosswalks and for enforcement of summary offenses in State
6 park and forest lands; and further providing for snowmobiles
7 and all-terrain vehicles.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 102 of Title 75 of the Pennsylvania
11 Consolidated Statutes is amended by adding definitions to read:
12 § 102. Definitions.
13 Subject to additional definitions contained in subsequent
14 provisions of this title which are applicable to specific
15 provisions of this title, the following words and phrases when
16 used in this title shall have, unless the context clearly
17 indicates otherwise, the meanings given to them in this section:
18 * * *
19 "Transfer." To change ownership by purchase, gift or any
1 other means.
2 "Transferee." A person to whom ownership of a motor vehicle
3 is transferred, by purchase, gift or any means other than by the
4 creation of a security interest, and any person who, as agent,
5 signs an odometer disclosure statement for the transferee.
6 "Transferor." A person who transfers his ownership of a
7 motor vehicle by sale, gift or any means other than by the
8 creation of a security interest, and any person who, as agent,
9 signs an odometer disclosure statement for the transferor.
10 * * *
11 SECTION 2. SECTIONS 3113 AND 3542 OF TITLE 75 ARE AMENDED TO <--
12 READ:
13 § 3113. PEDESTRIAN-CONTROL SIGNALS.
14 (A) GENERAL RULE.--WHENEVER SPECIAL PEDESTRIAN-CONTROL
15 SIGNALS EXHIBITING WORDS OR SYMBOLS ARE IN PLACE, THE SIGNALS
16 SHALL INDICATE AS FOLLOWS:
17 (1) WORD "WALK" OR WALKING PERSON SYMBOL.--PEDESTRIANS
18 FACING THE SIGNAL SHOULD PROCEED ACROSS THE ROADWAY IN THE
19 DIRECTION OF THE SIGNAL AND SHALL BE GIVEN THE RIGHT-OF-WAY
20 BY THE DRIVERS OF ALL VEHICLES.
21 (2) PHRASE "DON'T WALK" OR UPRAISED HAND SYMBOL.--
22 PEDESTRIANS SHOULD NOT START TO CROSS THE ROADWAY IN THE
23 DIRECTION OF THE SIGNAL, BUT ANY PEDESTRIAN WHO HAS PARTIALLY
24 COMPLETED HIS CROSSING ON THE "WALK" SIGNAL SHOULD PROCEED TO
25 A SIDEWALK OR SAFETY ZONE WHILE THE "DON'T WALK" SIGNAL IS
26 SHOWING.
27 (3) FLASHING "WALK".--PEDESTRIANS FACING THE SIGNAL ARE
28 CAUTIONED THAT THERE IS POSSIBLE HAZARD FROM TURNING
29 VEHICLES, BUT PEDESTRIANS MAY PROCEED ACROSS THE ROADWAY IN
30 THE DIRECTION OF THE SIGNAL AND SHALL BE GIVEN THE RIGHT-OF-
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1 WAY BY THE DRIVERS OF ALL VEHICLES.
2 (4) FLASHING "DON'T WALK" SIGNAL.--PEDESTRIANS SHOULD
3 NOT START TO CROSS THE ROADWAY IN THE DIRECTION OF THE
4 SIGNAL, BUT ANY PEDESTRIAN WHO HAS PARTLY COMPLETED CROSSING
5 DURING THE "WALK" SIGNAL SHOULD PROCEED TO A SIDEWALK OR
6 SAFETY ZONE, AND ALL DRIVERS OF VEHICLES SHALL YIELD TO THE
7 PEDESTRIAN.
8 (B) LOCAL REGULATION.--THIS SECTION DOES NOT PROHIBIT A
9 MUNICIPALITY FROM ESTABLISHING A SUMMARY OFFENSE FOR VIOLATION
10 OF SUBSECTION (A)(2) OR (4).
11 (C) PENALTIES.--THE DRIVER OF A VEHICLE WHO VIOLATES
12 SUBSECTION (A) COMMITS A SUMMARY OFFENSE AND, UPON CONVICTION,
13 SHALL BE SENTENCED TO PAY A FINE OF $100.
14 § 3542. RIGHT-OF-WAY OF PEDESTRIANS IN CROSSWALKS.
15 (A) GENERAL RULE.--WHEN TRAFFIC-CONTROL SIGNALS ARE NOT IN
16 PLACE OR NOT IN OPERATION, THE DRIVER OF A VEHICLE SHALL YIELD
17 THE RIGHT-OF-WAY TO A PEDESTRIAN CROSSING THE ROADWAY WITHIN ANY
18 MARKED CROSSWALK OR WITHIN ANY UNMARKED CROSSWALK AT AN
19 INTERSECTION.
20 (B) EXERCISE OF CARE BY PEDESTRIAN.--NO PEDESTRIAN SHALL
21 SUDDENLY LEAVE A CURB OR OTHER PLACE OF SAFETY AND WALK OR RUN
22 INTO THE PATH OF A VEHICLE WHICH IS SO CLOSE AS TO CONSTITUTE A
23 HAZARD.
24 (C) LIMITATION ON VEHICLES PASSING.--WHENEVER ANY VEHICLE IS
25 STOPPED AT ANY CROSSWALK AT AN INTERSECTION OR AT ANY MARKED
26 CROSSWALK TO PERMIT A PEDESTRIAN TO CROSS THE ROADWAY, THE
27 DRIVER OF ANY OTHER VEHICLE APPROACHING FROM THE REAR SHALL NOT
28 OVERTAKE AND PASS THE STOPPED VEHICLE.
29 (D) APPLICATION OF SECTION.--SUBSECTION (A) DOES NOT APPLY
30 UNDER THE CONDITIONS STATED IN SECTION 3543(B) (RELATING TO
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1 PEDESTRIANS CROSSING AT OTHER THAN CROSSWALKS).
2 (E) PENALTIES.--THE DRIVER OF A VEHICLE WHO VIOLATES
3 SUBSECTION (A) COMMITS A SUMMARY OFFENSE AND SHALL, UPON
4 CONVICTION, BE SENTENCED TO PAY A FINE OF $100.
5 Section 2 3. Title 75 is amended by adding sections to read: <--
6 § 6129. Maintenance of pedestrian crosswalks in school zones.
7 The department may paint and maintain pedestrian crosswalks
8 located within school zones on State-designated highways.
9 § 6313. Enforcement of summary offenses in State park and
10 forest lands.
11 (a) General rule.--Notwithstanding any provision of law to
12 the contrary, individuals appointed and commissioned by the
13 Department of Conservation and Natural Resources to preserve
14 order in the State park or State forest lands are specifically
15 authorized to enforce those provisions of this title which
16 designate violations as summary offenses, while acting within
17 the State park or State forest lands. The authority includes the
18 power to stop vehicles suspected of summary offenses, to issue
19 citations for summary offenses and, if a vehicle is stopped for
20 a suspected summary offense, to make arrests where evidence
21 appears of additional offenses designated as misdemeanors or
22 felonies.
23 (b) Construction.--Nothing in this section shall be
24 construed to limit the powers granted these individuals by law.
25 Section 3. Sections 7702, 7706, 7712, 7712.1, 7712.2, <--
26 7712.3, 7712.5, 7712.6, 7712.7, 7713, 7714, 7715(a), 7717,
27 7724(a)(1), 7725(h), 7726, 7730 and 7752(a) and (d) of Title 75
28 are amended to read:
29 § 7702. Definitions.
30 The following words and phrases when used in this chapter
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1 shall have, unless the context clearly indicates otherwise, the
2 meanings given to them in this section:
3 "All-terrain vehicle" or "ATV."
4 (1) A motorized off-highway vehicle, 50 inches or less
5 in width, having a dry weight of [600] 750 pounds or less,
6 traveling on three or more low-pressure tires and having a
7 seat designed to be straddled by the operator is designated
8 as a Class I all-terrain vehicle.
9 (2) A motorized off-highway vehicle, 58 inches or less
10 in width, having a dry weight of [700] 1,200 pounds or less,
11 traveling on four or more [low-profile, low-pressure]
12 inflatable tires and having a bench seat is designated as a
13 Class II all-terrain vehicle.
14 (3) This term does not include snowmobiles, trail bikes,
15 motorboats, golf carts, aircraft, dune buggies, automobiles,
16 construction machines, trucks or home utility machines;
17 military, fire, emergency and law enforcement vehicles;
18 implements of husbandry; multipurpose agricultural vehicles;
19 vehicles used by the department; or off-road vehicles not
20 generally used for outdoor recreation.
21 "Certificate of registration." A card issued by the
22 Department of Conservation and Natural Resources to the owner of
23 a snowmobile or ATV evidencing registration of the snowmobile or
24 ATV and containing such information as the department may
25 prescribe.
26 "Cowling." The forward portion of the snowmobile, usually of
27 fiberglass or similar material, surrounding the motor and clutch
28 assembly.
29 "Dealer." A person engaged in the business of selling
30 snowmobiles or all-terrain vehicles at wholesale or retail.
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1 "Department." The Department of [Environmental] Conservation
2 and Natural Resources of the Commonwealth.
3 "Expiration sticker." The sticker issued by the department
4 to the owner of a snowmobile or ATV upon initial registration
5 and upon each renewal, showing the expiration date of the
6 current registration.
7 "Head lamp." A major lighting device used to provide general
8 illumination ahead of a vehicle.
9 "Highway." The entire width between the boundary lines of
10 every way publicly maintained when any part thereof is open to
11 the use of the public for purposes of vehicular travel.
12 "Low-pressure tire." A pneumatic tire, six inches or more in
13 width, designed for use on wheels with a rim diameter of 12
14 inches or less and utilizing an operating pressure of ten pounds
15 per square inch or less, as recommended by the vehicle
16 manufacturer.
17 "Registration decal" or "decal." The registration number
18 decal issued by the Department of Conservation and Natural
19 Resources to the owner of a snowmobile upon initial registration
20 of the snowmobile. The term includes the expiration sticker.
21 "Registration plate." The registration number plate issued
22 by the department to the owner of an ATV upon initial
23 registration of the vehicle. The term includes the expiration
24 sticker.
25 "Snowmobile." An engine-driven vehicle [of a type which
26 utilizes sled type runners, or skis, or an endless belt tread or
27 any combination of these or other similar means of contact with
28 the surface upon which it is operated] designed to travel over
29 snow or ice that has an endless belt track or tracks, steered by
30 a ski or skis and has an overall width of 48 inches or less. The
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1 term does not include any farm tractor, [highway or other]
2 construction equipment, [or any] military [or law enforcement]
3 vehicle, vehicle with inflatable tires or machinery used
4 strictly for the grooming of snowmobile trails.
5 "Street." A highway, other than an alley, within the
6 corporate limits of a political subdivision.
7 "Tail lamp." A device to designate the rear of a vehicle by
8 a warning light.
9 § 7706. Restricted [receipts fund] account.
10 (a) Deposit and use of moneys.--The department shall deposit
11 all moneys received from the registration [of snowmobiles and
12 the registration] and issuance of certificates of title for
13 snowmobiles and ATV's, the sale of snowmobile and ATV
14 registration information, snowmobile and ATV publications and
15 other services provided by the department, and all fees [and],
16 fines, penalties and costs assessed and collected as a result of
17 enforcement activities conducted by the department law
18 enforcement personnel under this chapter in a restricted
19 [receipts fund] account, from which the department shall draw
20 moneys for use in [carrying out the registration and the
21 issuance of certificates of title, safety education and
22 enforcement requirements of this chapter as well as] performing
23 any activities necessary to carry out the purposes of this
24 chapter, including registration and certificate of title
25 activities, safety education, enforcement activities, the
26 establishment, construction and maintenance of snowmobile and
27 ATV trails and any equipment and supplies necessary to carry out
28 the purposes of this chapter. All moneys in [said fund not
29 heretofore paid into the General Fund] the restricted account
30 shall remain in [said restricted receipts fund] the restricted
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1 account to be used as specified in this [chapter and any
2 increases in moneys previously paid to the General Fund shall
3 remain in said restricted receipts fund to be used as specified
4 in this chapter.] section. The provisions of 42 Pa.C.S. §
5 3573(b)(2) (relating to municipal corporation portion of fines,
6 etc.) notwithstanding, when prosecution under this chapter is
7 the result of local police action, all fines, penalties, fees
8 and costs assessed as a result of such prosecution shall be
9 payable to the municipal corporation under which the local
10 police are organized.
11 (b) Grant-in-aid.--The department shall also, upon written
12 application and subsequent approval, [disperse] disburse moneys
13 to municipalities, nonprofit [snowmobile clubs] and for-profit
14 organizations for construction, maintenance and rehabilitation
15 of snowmobile or ATV trails or any other facilities on lands not
16 owned by the Commonwealth for the use of snowmobiles or ATV's,
17 including [plans]:
18 (1) Plans and specifications, engineering surveys and
19 supervision and land acquisition where necessary.
20 (2) Fees and costs for preparation or performance of
21 right-of-way lease agreements.
22 (3) Education.
23 (4) Safety training and equipment.
24 (5) Any other activities to carry out the purposes of
25 this chapter.
26 The department shall promulgate such rules and regulations it
27 deems necessary for the administration of this subsection.
28 (c) Audit of moneys.--The restricted receipts fund shall be
29 audited every two years.
30 § 7712. Registration of snowmobiles and registration and
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1 issuance of certificates of title for ATV's.
2 (a) General rule.--Upon application therefor upon a form
3 prescribed and furnished by the department which shall contain a
4 full description of the snowmobile or ATV, the actual and bona
5 fide name and address of the owner, proof of ownership and any
6 other information the department may reasonably require, and
7 which shall be accompanied by the required fee, the department
8 shall issue a certificate of registration of a snowmobile or an
9 ATV [and a decal showing the expiration date] to the owner. In
10 addition, for a new registration of a snowmobile, the department
11 shall issue a registration decal; for a new registration of an
12 ATV, the department shall issue a registration plate; and for a
13 renewal of registration of a snowmobile or ATV, the department
14 shall issue an expiration sticker.
15 (b) Temporary registration.--Temporary registration for a
16 period not to exceed 45 days may be issued by a registered
17 dealer [pursuant to rules and regulations promulgated] as
18 prescribed by the department. Proof of temporary registration
19 shall be carried and displayed as prescribed by the department.
20 (c) Fees.--Fees for [registration of snowmobiles and]
21 registration and issuance of certificates of title for
22 snowmobiles and ATV's to be collected by the department under
23 this chapter are as follows:
24 (1) Each individual resident registration for two years,
25 $20 for a snowmobile and $20 for an ATV.
26 (2) Each individual nonresident registration for two
27 years, $20 for a snowmobile and $20 for an ATV.
28 (3) Each dealer registration for one year, $25.
29 (4) Replacement of a lost, mutilated or destroyed
30 certificate [or decal] of registration, registration decal or
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1 registration plate, $1.
2 (5) Transfers of snowmobile and ATV registrations as
3 described in section 7713 (relating to certificates of
4 registration [and decals], registration decals and
5 registration plates), $3.
6 (6) Certificate of title for [an] a snowmobile or ATV,
7 $15.
8 (d) Exemptions from fees.--No fee is required for the
9 registration of snowmobiles or ATV's owned by:
10 (1) The Commonwealth.
11 (2) Political subdivisions.
12 (3) Volunteer organizations and used exclusively for
13 emergency purposes.
14 § 7712.1. Certificate of title for [ATV's] snowmobile or ATV
15 required.
16 (a) General rule.--Except as otherwise provided in this
17 section, every owner of a [Class I or Class II] snowmobile or
18 ATV which is in this Commonwealth and for which no certificate
19 of title has been issued shall make application to the
20 department for a certificate of title to the snowmobile or ATV.
21 (b) Exception.--The provisions of this section which require
22 every owner of [an] a snowmobile or ATV to make application for
23 and receive a certificate of title shall not apply to any person
24 who has registered [an] a snowmobile or ATV on or before the
25 effective date of this section unless that owner resells the
26 registered snowmobile or ATV.
27 (c) Contents of application.--Application for a certificate
28 of title shall be made upon a form prescribed and furnished by
29 the department and shall contain a full description of the
30 snowmobile or ATV, date of purchase, the actual or bona fide
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1 name and address of the owner, a statement of the title of
2 applicant, together with any other information or documents the
3 department requires to identify the snowmobile or ATV and to
4 enable the department to determine whether the owner is entitled
5 to a certificate of title.
6 (d) Signing and filing of application.--Application for a
7 certificate of title shall be made within 15 days of the sale or
8 transfer of [an] a snowmobile or ATV or its entry into this
9 Commonwealth from another jurisdiction, whichever is later. The
10 application shall be accompanied by the fee prescribed in this
11 subchapter, and any tax payable by the applicant under the laws
12 of this Commonwealth in connection with the acquisition or use
13 of [an] a snowmobile or ATV or evidence to show that the tax has
14 been paid or collected. The application shall be signed and
15 verified by oath or affirmation by the applicant if a natural
16 person; in the case of an association or partnership, by a
17 member or a partner; and in the case of a corporation, by an
18 executive officer or some person specifically authorized by the
19 corporation to sign the application.
20 (e) Snowmobiles and ATV's purchased from dealers or
21 manufacturers.--If the application refers to [an] a snowmobile
22 or ATV purchased from a dealer or manufacturer, the dealer or
23 manufacturer shall mail or deliver to the department the
24 certificate of title and any other required forms within 15 days
25 of the date of purchase. Any dealer or manufacturer violating
26 this subsection is guilty of a summary offense and shall, upon
27 conviction, be sentenced to pay a fine of $50 for each
28 violation. In addition, if a dealer violates this section, the
29 department may suspend or revoke the registration issued under
30 section 7711 (relating to registration of dealers). The
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1 requirement that the dealer or manufacturer mail or deliver the
2 application to the department does not apply to snowmobiles or
3 ATV's purchased by governmental agencies.
4 (f) Snowmobiles and ATV's not requiring certificate of
5 title.--No certificate of title is required for:
6 (1) [An] A snowmobile or ATV owned by the United States
7 unless it is registered in this Commonwealth.
8 (2) A new snowmobile or ATV owned by a manufacturer or
9 registered dealer before and until sale.
10 (3) Any snowmobile or ATV which meets the requirements
11 of subsection (b) prior to any resale.
12 (g) Registration without certificate prohibited.--Except as
13 provided in subsection (b), the department shall not register or
14 renew the registration of [an] a snowmobile or ATV unless a
15 certificate of title has been issued by the department to the
16 owner or an application for a certificate of title has been
17 delivered by the owner to the department.
18 (h) Refusing issuance of certificate of title.--The
19 department may refuse issuance of a certificate of title when it
20 has reasonable grounds to believe any of the following:
21 (1) That any required fee has not been paid.
22 (2) That any taxes payable under the laws of this
23 Commonwealth on or in connection with, or resulting from the
24 acquisition or use of, the snowmobile or ATV have not been
25 paid.
26 (3) That the applicant is not the owner of the
27 snowmobile or ATV.
28 (4) That the application contains a false or fraudulent
29 statement.
30 (5) That the applicant has failed to furnish required
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1 information or documents or any additional information the
2 department reasonably requires.
3 [(i) Suspension and cancellation of certificate of title.--
4 (1) The department may cancel the certificate of title
5 issued for a new ATV when it is shown by satisfactory
6 evidence that the ATV has been returned within 45 days to the
7 manufacturer or dealer from whom obtained.
8 (2) The department, upon receipt of certification from
9 the clerk of any court showing conviction for a misstatement
10 of facts on any application for a certificate of title or any
11 transfer of a certificate of title, shall suspend the
12 certificate of title and require that the certificate be
13 returned immediately to the department, whereupon the
14 department may cancel the certificate.
15 (3) The department may suspend a certificate of title
16 when a check received in payment of the fee is not paid on
17 demand or when the fee for the certificate is unpaid and
18 owing.]
19 (j) Transfer of ownership of snowmobile or ATV.--
20 (1) In the event of the sale or transfer of the
21 ownership of [an] a snowmobile or ATV within this
22 Commonwealth, the owner shall execute an assignment and
23 warranty of title to the transferee in the space provided on
24 the certificate or as the department prescribes, sworn to
25 before a notary public or other officer empowered to
26 administer oaths, and deliver the certificate to the
27 transferee at the time of the delivery of the snowmobile or
28 ATV.
29 (2) Except as otherwise provided in section 7712.2
30 (relating to transfer to or from manufacturer or dealer), the
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1 transferee shall, within 15 days of the assignment or
2 reassignment of the certificate of title, apply for a new
3 title by presenting to the department the properly completed
4 certificate of title, sworn to before a notary public or
5 other officer empowered to administer oaths, and accompanied
6 by such forms as the department may require.
7 (3) Any person violating subsection (a) shall be guilty
8 of a summary offense and shall, upon conviction, be
9 sentenced:
10 (i) For a first offense, to pay a fine of $100.
11 (ii) For a subsequent offense, to pay a fine of not
12 less than $300 nor more than $1,000.
13 § 7712.2. Transfer to or from manufacturer or dealer.
14 (a) Transfer to manufacturer or dealer.--When the purchaser
15 or transferee of [an] a snowmobile or ATV is a manufacturer or
16 registered dealer who holds the snowmobile or ATV for resale, a
17 certificate of title need not be applied for as provided for in
18 section 7712.1 (relating to certificate of title for [ATV's]
19 snowmobile or ATV required), but the transferee shall, within
20 seven days from the date of assignment of the certificate of
21 title to the manufacturer or dealer, forward to the department,
22 upon a form prescribed and furnished by the department,
23 notification of the acquisition of the snowmobile or ATV.
24 Notification as authorized in this section may not be used in
25 excess of three consecutive transactions after which time an
26 application shall be made for a certificate of title.
27 (b) Execution and display of notice of transfer.--The
28 manufacturer or dealer making notification as to any snowmobile
29 or ATV acquired pursuant to subsection (a) shall execute at
30 least three copies, the original of which shall be forwarded to
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1 the department, one copy to accompany the snowmobile or ATV on
2 any subsequent transfer and one copy to be retained by the
3 manufacturer or dealer for at least one year after a subsequent
4 transfer, to be exhibited, with the assigned certificate of
5 title, upon request of any police officer or authorized
6 department employee.
7 (c) Transfer from manufacturer or dealer.--Except as
8 otherwise provided in this section when the transferee is
9 another manufacturer or dealer:
10 (1) The manufacturer or dealer, upon transferring their
11 interest in the snowmobile or ATV, shall execute an
12 assignment and warranty of title to the transferee in the
13 space provided on the certificate or as the department
14 prescribes.
15 (2) The transferee shall complete the application for
16 certificate of title in the name of the transferee.
17 (3) The manufacturer or dealer shall forward the
18 certificate of title and any other required forms to the
19 department within 15 days of the transfer.
20 (d) Exception for repossessed snowmobiles or ATV's.--This
21 section does not apply to [an] a snowmobile or ATV repossessed
22 upon default of performance of a lease, contract of conditional
23 sale or similar agreement.
24 (e) Penalty.--Any manufacturer or dealer violating any of
25 the provisions of this section is guilty of a summary offense
26 and shall, upon conviction, be sentenced to pay a fine of $50
27 for each violation. In addition, if a dealer violates this
28 section, the department may suspend or revoke the registration
29 issued under section 7711 (relating to registration of dealers).
30 § 7712.3. Transfer of snowmobile or ATV by operation of law.
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1 (a) General rule.--If the interest of an owner in [an] a
2 snowmobile or ATV passes to another other than by voluntary
3 transfer, the transferee shall, except as otherwise provided,
4 promptly mail or deliver to the department the last certificate
5 of title, if available, and shall apply for a new certificate of
6 title on a form prescribed and furnished by the department. The
7 application shall be accompanied by such instruments or
8 documents of authority, or certified copies thereof, as may be
9 sufficient or required by law to evidence or effect a transfer
10 of title or interest in or to chattels in such case.
11 (b) Transfer to surviving spouse.--Transfer of a certificate
12 of title to a surviving spouse, or any person designated by the
13 spouse, may be made without the necessity of filing for letters
14 of administration notwithstanding the fact that there are minor
15 children surviving the decedent provided the surviving spouse
16 files an affidavit that all the debts of the decedent have been
17 paid.
18 (c) Surrender of certificate.--A person holding a
19 certificate of title, whose interest in [an] a snowmobile or ATV
20 has been extinguished or transferred other than by voluntary
21 transfer, shall immediately surrender the certificate of title
22 to the person to whom the right to possession of the snowmobile
23 or ATV has passed. Upon request of the department, such person
24 shall mail or deliver the certificate to the department.
25 Delivery of the certificate pursuant to the request of the
26 department does not affect the rights of the person surrendering
27 the certificate.
28 § 7712.5. Issuance of new certificate following transfer.
29 (a) Voluntary transfer.--The department, upon receipt of a
30 properly assigned certificate of title with an application for a
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1 new certificate of title, the required fee and any other
2 required documents and articles, shall issue a new certificate
3 of title in the name of the transferee as owner and mail it to
4 the first lienholder named in the certificate or, if none, to
5 the owner.
6 (b) Involuntary transfer.--The department, upon receipt of
7 an application for a new certificate of title by a transferee
8 other than by voluntary transfer, on a form prescribed and
9 furnished by the department together with proper proof
10 satisfactory to the department of the transfer, the required fee
11 and any other required documents and articles, shall issue a new
12 certificate of title in the name of the transferee as owner.
13 (c) Filing and retention of surrendered certificate.--The
14 department shall file and retain for five years every
15 surrendered certificate of title, or a copy, in such a manner as
16 to permit the tracing of title of the snowmobile or ATV.
17 § 7712.6. Suspension and cancellation of certificate of title.
18 (a) Return of new snowmobile or ATV.--The department may
19 cancel the certificate of title issued for a new snowmobile or
20 ATV when it is shown by satisfactory evidence that the
21 snowmobile or ATV has been returned within the time specified in
22 the department regulations to the manufacturer or dealer from
23 whom obtained.
24 (b) Snowmobiles or ATV's sold to nonresidents.--The
25 department may cancel certificates of title for snowmobiles or
26 ATV's sold to residents of other states or foreign countries
27 when the snowmobile or ATV is to be registered in the other
28 jurisdiction.
29 (c) Surrender of Pennsylvania certificate in other
30 jurisdiction.--The department, upon receipt of notification from
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1 another state or foreign country that a certificate of title
2 issued by the department has been surrendered by the owner in
3 conformity with the laws of the other state or foreign country,
4 may cancel the certificate of title.
5 (d) Surrender of foreign certificate to department.--When an
6 owner surrenders a certificate of title from another state or
7 foreign country to the department, the department may notify the
8 state or foreign country in order that the certificate of title
9 may be canceled or otherwise disposed of in accordance with the
10 law of the other jurisdiction.
11 (e) Conviction for misstatement of facts.--The department,
12 upon receipt of certification from the clerk of any court
13 showing conviction for a misstatement of facts on any
14 application for an original or duplicate certificate of title or
15 any 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 department
18 may cancel the certificate.
19 (f) Nonpayment of fee.--The department may suspend or cancel
20 a certificate of title when a check received in payment of the
21 fee is not paid on demand or when the fee for the certificate is
22 unpaid and owing.
23 (g) Security interest unaffected by suspension or
24 cancellation.--Suspension or cancellation of a certificate of
25 title does not, in itself, affect the validity of a security
26 interest noted on the certificate.
27 (h) Surrender of certificate.--The department may request
28 the return of certificates of title which have been suspended or
29 canceled. The owner or person in possession of the certification
30 of title shall immediately mail or deliver the certificate to
20010H0154B0708 - 18 -
1 the department.
2 § 7712.7. Application for certificate of title by agent.
3 (a) Authorization to make application.--No person shall make
4 application for a certificate of title when acting for another
5 person unless authorization to make the application is in effect
6 and is verified by oath or affirmation of the other person,
7 made, excepting as between lessors and fleet owners as lessees,
8 not more than 15 days before the application is received by the
9 department. Lessors may authorize fleet owners to make
10 application for certificates of title for leased snowmobiles or
11 ATV's for periods of up to one year.
12 (b) Certificate not to be assigned in blank.--No person
13 shall make application for, or assign or physically possess, a
14 certificate of title, or direct or allow another person in his
15 employ or control to make application for, or assign or
16 physically possess, a certificate of title, unless the name of
17 the transferee is placed on the assignment of certificate of
18 title simultaneously with the name of the transferor and duly
19 notarized.
20 (c) Persons authorized to hold certificate.--No person shall
21 receive, obtain or hold a certificate of title recorded in the
22 name of another person for the other person who is not in the
23 regular employ of, or not a member of the family of, the other
24 person, unless the person receiving, obtaining or holding the
25 certificate of title has a valid undischarged lien recorded in
26 the department against the snowmobile or ATV represented by the
27 certificate of title.
28 (d) Penalty.--Any person violating any of the provisions of
29 this section is guilty of a summary offense and shall, upon
30 conviction, be sentenced to pay a fine of $100.
20010H0154B0708 - 19 -
1 § 7713. Certificates of registration [and decals], registration
2 decals and registration plates.
3 [(a) General rule.--Except as otherwise provided in this
4 chapter, it is unlawful to operate a snowmobile or an ATV unless
5 a certificate of registration has been issued therefor and
6 unless there is displayed thereon the permanent or temporary
7 registration decal.]
8 (a) General rule.--Except as otherwise provided in this
9 chapter, it is unlawful to operate, or knowingly permit to be
10 operated, a snowmobile or an ATV for recreational purposes or
11 for any activities other than farming or business operations
12 unless:
13 (1) A certificate of registration has been issued
14 therefor.
15 (2) There is displayed on the snowmobile the
16 registration decal or there is displayed on the ATV the
17 registration plate.
18 (3) There is carried on the snowmobile or ATV the
19 certificate of registration.
20 (4) For a snowmobile or ATV with temporary registration
21 under section 7712(b) (relating to registration of
22 snowmobiles and registration and issuance of certificates of
23 title for ATV's) there is carried and displayed proof of
24 temporary registration as prescribed by the department.
25 (b) Snowmobiles or ATV's purchased from dealers or
26 manufacturers.--If a snowmobile or ATV is purchased from a
27 dealer or manufacturer, the dealer or manufacturer shall mail or
28 deliver to the department the application for the certificate of
29 registration and any other required forms within 15 days of the
30 date of purchase. Individuals seeking exemption under section
20010H0154B0708 - 20 -
1 7714 (relating to exemptions from registration) shall sign an
2 affidavit which will be submitted to the department in lieu of
3 the application for [certification] the certificate of
4 registration. Any dealer or manufacturer violating the
5 requirements of this subsection commits a summary offense and
6 shall, upon conviction, be sentenced to pay a fine of $300 or 90
7 days imprisonment, or both. In addition, if a dealer violates
8 this subsection, the department may suspend or revoke the
9 registration issued under section 7711 (relating to registration
10 of dealers).
11 (c) Display of registration decal.--[The department shall
12 issue registration decals no larger than 3 1/2 by 6 inches that
13 shall be displayed on both sides of the cowling of the
14 snowmobile for which issued.] The department shall [by
15 regulation] prescribe the type of registration decals and
16 registration plates and the manner in which [the registration
17 decals] they shall be displayed on various types of snowmobiles
18 and ATV's.
19 (d) Expiration on transfer.--The certificate of registration
20 issued to the owner of a snowmobile or an ATV shall expire and
21 the registration decal and registration plate shall become
22 invalid when ownership of the snowmobile or ATV is transferred.
23 Upon any transfer, the seller (and former owner) shall, within
24 15 days from the date of sale, return to the department the
25 certificate of registration previously issued to him with the
26 date of sale, name and residence of the new owner endorsed on
27 the back. If the former owner applies for registration of a
28 different snowmobile or ATV and pays a transfer fee, he may be
29 issued, in his name, a certificate of registration for that
30 snowmobile or ATV for the remainder of the registration period
20010H0154B0708 - 21 -
1 without payment of a registration fee.
2 (e) Suspension or revocation.--The department may suspend or
3 revoke the [certification] certificate of registration for a
4 snowmobile or an ATV upon conviction of the owner of any offense
5 under this chapter.
6 § 7714. Exemptions from registration.
7 No certificate of registration [or], registration decal or
8 registration plate shall be required for a snowmobile or an ATV:
9 (1) Owned and used by the United States or another
10 state, or a political subdivision thereof, but such
11 snowmobile [shall display the name of the owner on the
12 cowling thereof, and such] or ATV shall display the name of
13 the owner in a manner prescribed by [regulation of] the
14 department.
15 (2) [Owned and operated on lands owned by the owner or
16 operator of the snowmobile or ATV or on lands to which he has
17 a contractual right other than as a member of a club or
18 association, provided the snowmobile or ATV is not operated
19 elsewhere within this Commonwealth.] That will be used solely
20 for farming or business purposes and not at any time for
21 recreation.
22 § 7715. Reciprocity.
23 (a) General rule.--Nonresident owners of a snowmobile or an
24 ATV covered by a valid registration of the state, province,
25 district or country of residence are required to pay a
26 registration fee and to display a current [validation decal]
27 expiration sticker.
28 * * *
29 § 7717. [Snowmobile] Trail Advisory [Committee] Committees.
30 (a) Establishment.--There is hereby established under the
20010H0154B0708 - 22 -
1 jurisdiction of the department [a board known as] the following
2 boards:
3 (1) The Snowmobile Trail Advisory Committee.
4 (2) The ATV Trail Advisory Committee.
5 (b) Composition.--[The Snowmobile Trail Advisory Committee
6 shall be appointed within three months of the effective date of
7 this section and biannually thereafter. The membership shall be
8 composed of three members from the Pennsylvania State Snowmobile
9 Association, one of whom shall have experience in trail creation
10 on public land, one of whom shall have experience in trail
11 creation on private land and one of whom shall be a member at
12 large. In addition, one member shall be appointed from each of
13 the following organizations: Pennsylvania Travel Council,
14 Pennsylvania State Association of Township Supervisors,
15 Pennsylvania State Association of Township Commissioners,
16 Pennsylvania State Association of Boroughs, Pennsylvania State
17 Association of County Commissioners, Pennsylvania Association of
18 Realtors, Pennsylvania Landowners Association, Pennsylvania
19 Vacation Land Developers Association, Pennsylvania Chapter of
20 Rails to Trails Conservancy, Department of Commerce and
21 Department of Community Affairs. The name of the representatives
22 shall be submitted to the secretary within ten days of the
23 receipt of the request for them.] Committee members shall be
24 appointed by the secretary to serve staggered three-year terms.
25 Members of the Snowmobile Trail Advisory Committee shall
26 represent the various interests associated with acquisition,
27 development, maintenance and use of snowmobile trails. Members
28 of the ATV Trail Advisory Committee shall represent the various
29 interests associated with acquisition, development, maintenance
30 and use of ATV trails.
20010H0154B0708 - 23 -
1 (c) Responsibilities.--The [committee] Snowmobile Trail
2 Advisory Committee shall review existing and proposed
3 regulations, standards and procedures for all snowmobile trail
4 acquisition, construction, development and maintenance. [The
5 committee] It may also make recommendations on snowmobile trail
6 sites, trail site acquisition and the allocation of fees
7 collected pursuant to this chapter regarding acquisition,
8 construction and maintenance of trails for snowmobile use. The
9 ATV Trail Advisory Committee shall have the same
10 responsibilities with regard to ATV trails.
11 (d) Advisory committee actions.--The recommendations of the
12 advisory [committee] committees shall be submitted to the
13 secretary who shall give due consideration to them.
14 § 7724. Operation on private or State property.
15 (a) Private real property.--
16 (1) No person shall operate a snowmobile or an ATV on
17 any private real property without the consent of the owner or
18 lessor thereof. Any person operating a snowmobile or an ATV
19 upon [lands] land of another shall stop and identify himself
20 upon the request of the landowner or his duly authorized
21 representatives and, if requested to do so by the landowner,
22 shall promptly remove the snowmobile or ATV from the
23 premises.
24 * * *
25 § 7725. Operation by persons under age sixteen.
26 * * *
27 (h) Snowmobile and ATV safety program.--The department shall
28 implement a comprehensive snowmobile and ATV information, safety
29 education and training program which shall include the
30 preparation and dissemination of information and safety advice
20010H0154B0708 - 24 -
1 to the public and training of operators. The program shall
2 provide for the training of youthful operators and for the
3 issuance of snowmobile or ATV safety certificates to those who
4 successfully complete the training provided under the program.
5 * * *
6 § 7726. Operation in safe manner.
7 (a) General rule.--No person shall operate a snowmobile or
8 an ATV in any of the following ways:
9 (1) At a rate of speed that is unreasonable or improper
10 under existing conditions or in excess of the maximum limits
11 posted for vehicular traffic.
12 (2) In any careless way so as to endanger the person or
13 property of another.
14 (3) While under the influence of alcohol or any
15 controlled substance.
16 (b) Permitting unsafe operation.--No owner or other person
17 having charge or control of a snowmobile or an ATV shall
18 knowingly authorize or permit the operation of the snowmobile or
19 ATV by any person who is incapable to do so by reason of age,
20 physical or mental disability, or who is under the influence of
21 alcohol or any controlled substance.
22 (c) Operation on highways and streets open to snowmobiles or
23 ATV's and vehicular traffic.--No person shall operate a
24 snowmobile or ATV in any of the following ways on highways and
25 streets open to snowmobiles or ATV's and vehicular traffic:
26 (1) Upon the left side of highways or streets, except
27 one-way streets, or as specified in paragraph (2).
28 (2) Ride two snowmobiles or ATV's abreast. Snowmobiles
29 and ATV's shall be operated in single file except when
30 overtaking another vehicle. The driver of any vehicle
20010H0154B0708 - 25 -
1 overtaking another vehicle proceeding in the same direction
2 shall pass at a safe distance to the left thereof, until
3 safely clear of such overtaken vehicle. Nothing in this
4 section shall be construed to prohibit a driver overtaking
5 the passing upon the right of another vehicle which is making
6 or about to make a left turn. The driver of a vehicle shall
7 not drive to the left side of the center of a highway in
8 overtaking or passing another vehicle proceeding in the same
9 direction, unless the left side is clearly visible and is
10 free of oncoming traffic for a sufficient distance ahead to
11 permit the overtaking or passing to be made in safety.
12 (3) Turn to the right or left at an intersection or stop
13 or decrease speed at an intersection without signaling as
14 stated in this paragraph. The driver shall extend his hand
15 and arm from the left side of the vehicle in the following
16 manner to indicate as stated:
17 (i) Left turn or other vehicle movement toward left,
18 hand and arm extended horizontally.
19 (ii) Right turn or other vehicle movement toward
20 right, left hand and arm extended outward and pointed
21 upward from the elbow.
22 (iii) Stop or decrease speed, either the left or
23 right hand and arm extended upward.
24 (4) Disobey any traffic signal or signs placed in
25 accordance with this title unless otherwise directed by a
26 peace officer.
27 (5) Without a securely fastened helmet on the head of an
28 individual who operates or is a passenger on a snowmobile or
29 ATV or who is being towed or otherwise propelled by a
30 snowmobile. The department shall specify the types of helmets
20010H0154B0708 - 26 -
1 allowed through rules and regulations.
2 (d) Unsafe carrying of passengers.--No person shall operate
3 an ATV with a passenger unless the ATV is designed to carry a
4 passenger. A person violating this subsection commits a summary
5 offense and shall, upon conviction, be sentenced to pay a fine
6 of $100.
7 § 7730. Liability insurance.
8 (a) Requirement.--Any snowmobile or ATV required to be
9 registered pursuant to this chapter shall have liability
10 insurance coverage issued by an insurance carrier authorized to
11 do business in this Commonwealth.
12 (b) Proof of insurance.--Proof of insurance as required by
13 this section shall be produced and displayed by the owner or
14 operator of such snowmobile or ATV upon the request of any
15 magistrate or any person having authority to enforce the
16 provisions of this chapter or to any person who has suffered or
17 claims to have suffered either personal injury or property
18 damage as a result of the operation of such snowmobile or ATV.
19 It shall be an affirmative defense to any prosecution for a
20 violation of this section that such proof was so produced within
21 24 hours of receiving notice of such violation, injury or damage
22 or the claim of such injury or damage.
23 (c) Owner's responsibility.--No owner of a snowmobile or ATV
24 shall operate or permit the same to be operated without having
25 in full force and effect liability insurance coverage required
26 by this section. The operator of a snowmobile or ATV shall carry
27 proof of insurance on their person or on the snowmobile or ATV
28 when it is in operation.
29 § 7752. Penalties for violation of chapter.
30 (a) General rule.--Except as provided in subsections (b)
20010H0154B0708 - 27 -
1 [and (c)], (c) and (d) and unless otherwise provided in this
2 chapter, any person violating any of the provisions of this
3 chapter is guilty of a summary offense and shall, upon
4 conviction:
5 (1) For a first offense, be sentenced to pay a fine of
6 not less than [$25] $50 nor more than [$100] $200 and costs
7 of prosecution and, in default of the payment thereof, shall
8 undergo imprisonment for not more than ten days.
9 (2) For a [second] subsequent offense, be sentenced to
10 pay a fine of not less than [$50] $100 nor more than [$200]
11 $300 and costs of prosecution and, in default of the payment
12 thereof, shall undergo imprisonment for not more than 30
13 days.
14 * * *
15 (d) Registration [and decals].--Any person violating section
16 7713(a) (relating to certificates of registration [and],
17 registration decals and registration plates) by failing to
18 obtain a certificate of registration commits a summary offense
19 and shall, upon conviction, be sentenced to pay a fine of $300
20 or to 90 days imprisonment, or both. Proceedings for a summary
21 offense under this section must be commenced within 60 days
22 after commission of the alleged offense or within 60 days after
23 discovery of the commission of the offense or the identity of
24 the offender, whichever is later. Any person violating section
25 7713(a) by failing to properly display a registration [number or
26 the validation] decal or registration plate or by failing to
27 carry a certificate of registration commits a summary offense
28 and shall, upon conviction, be sentenced to pay a fine of $50.
29 Section 4. This act shall take effect in 60 days.
30 SECTION 4. SECTIONS 7702, 7706 AND 7711 OF TITLE 75 ARE <--
20010H0154B0708 - 28 -
1 AMENDED TO READ:
2 § 7702. DEFINITIONS.
3 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
4 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
5 MEANINGS GIVEN TO THEM IN THIS SECTION:
6 "ALL-TERRAIN VEHICLE" OR "ATV."
7 [(1)] A MOTORIZED OFF-HIGHWAY VEHICLE[,] THAT TRAVELS ON
8 THREE OR MORE INFLATABLE TIRES AND THAT HAS:
9 (1) A MAXIMUM WIDTH OF 50 INCHES [OR LESS IN WIDTH,
10 HAVING] AND A MAXIMUM DRY WEIGHT OF [600] 800 POUNDS [OR
11 LESS, TRAVELING ON THREE OR MORE LOW-PRESSURE TIRES AND
12 HAVING A SEAT DESIGNED TO BE STRADDLED BY THE OPERATOR IS
13 DESIGNATED AS A CLASS I ALL-TERRAIN VEHICLE.]; OR
14 (2) [A MOTORIZED OFF-HIGHWAY VEHICLE, 58 INCHES OR LESS
15 IN WIDTH, HAVING A DRY WEIGHT OF 700 POUNDS OR LESS,
16 TRAVELING ON FOUR OR MORE LOW-PROFILE, LOW-PRESSURE TIRES AND
17 HAVING A BENCH SEAT IS DESIGNATED AS A CLASS II ALL-TERRAIN
18 VEHICLE.] A WIDTH THAT EXCEEDS 50 INCHES OR A DRY WEIGHT THAT
19 EXCEEDS 800 POUNDS.
20 [(3)] ATV'S DESCRIBED IN PARAGRAPH (1) MAY BE REFERRED TO
21 AS CLASS I ATV'S, AND ATV'S DESCRIBED IN PARAGRAPH (2) MAY BE
22 REFERRED TO AS CLASS II ATV'S. THIS TERM DOES NOT INCLUDE
23 SNOWMOBILES, TRAIL BIKES, MOTORBOATS, GOLF CARTS, AIRCRAFT,
24 DUNE BUGGIES, AUTOMOBILES, CONSTRUCTION MACHINES, TRUCKS OR
25 HOME UTILITY MACHINES; MILITARY, FIRE, EMERGENCY AND LAW
26 ENFORCEMENT VEHICLES; IMPLEMENTS OF HUSBANDRY; MULTIPURPOSE
27 AGRICULTURAL VEHICLES; VEHICLES USED BY THE DEPARTMENT; OR
28 [OFF-ROAD VEHICLES NOT GENERALLY USED FOR OUTDOOR RECREATION]
29 ANY VEHICLE THAT IS, OR IS REQUIRED TO BE, REGISTERED UNDER
30 CHAPTER 13 (RELATING TO REGISTRATION OF VEHICLES). IN
20010H0154B0708 - 29 -
1 ADDITION, THIS TERM DOES NOT INCLUDE OFF-ROAD MOTOR VEHICLES
2 USED EXCLUSIVELY AS UTILITY VEHICLES FOR AGRICULTURAL OR
3 BUSINESS OPERATIONS AND INCIDENTALLY OPERATED OR MOVED UPON
4 THE HIGHWAY.
5 ["COWLING." THE FORWARD PORTION OF THE SNOWMOBILE, USUALLY
6 OF FIBERGLASS OR SIMILAR MATERIAL, SURROUNDING THE MOTOR AND
7 CLUTCH ASSEMBLY.]
8 "DEALER." A PERSON ENGAGED IN THE BUSINESS OF SELLING
9 SNOWMOBILES OR ALL-TERRAIN VEHICLES AT WHOLESALE OR RETAIL WHO
10 IS REGISTERED OR REQUIRED TO BE REGISTERED UNDER SECTION 7711
11 (RELATING TO REGISTRATION OF DEALERS).
12 "DEPARTMENT." THE DEPARTMENT OF [ENVIRONMENTAL] CONSERVATION
13 AND NATURAL RESOURCES OF THE COMMONWEALTH.
14 "HEAD LAMP." A MAJOR LIGHTING DEVICE USED TO PROVIDE GENERAL
15 ILLUMINATION AHEAD OF A VEHICLE.
16 "HIGHWAY." THE ENTIRE WIDTH BETWEEN THE BOUNDARY LINES OF
17 EVERY WAY PUBLICLY MAINTAINED WHEN ANY PART THEREOF IS OPEN TO
18 THE USE OF THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL.
19 ["LOW-PRESSURE TIRE." A PNEUMATIC TIRE, SIX INCHES OR MORE
20 IN WIDTH, DESIGNED FOR USE ON WHEELS WITH A RIM DIAMETER OF 12
21 INCHES OR LESS AND UTILIZING AN OPERATING PRESSURE OF TEN POUNDS
22 PER SQUARE INCH OR LESS, AS RECOMMENDED BY THE VEHICLE
23 MANUFACTURER.]
24 "SNOWMOBILE." AN ENGINE-DRIVEN VEHICLE [OF A TYPE WHICH
25 UTILIZES SLED TYPE RUNNERS, OR SKIS, OR AN ENDLESS BELT TREAD OR
26 ANY COMBINATION OF THESE OR OTHER SIMILAR MEANS OF CONTACT WITH
27 THE SURFACE UPON WHICH IT IS OPERATED] DESIGNED TO TRAVEL OVER
28 SNOW OR ICE THAT HAS AN ENDLESS BELT TRACK OR TRACKS, STEERED BY
29 A SKI OR SKIS AND HAS AN OVERALL WIDTH OF 48 INCHES OR LESS. THE
30 TERM DOES NOT INCLUDE ANY FARM TRACTOR, [HIGHWAY OR OTHER]
20010H0154B0708 - 30 -
1 CONSTRUCTION EQUIPMENT, [OR ANY] MILITARY [OR LAW ENFORCEMENT]
2 VEHICLE, VEHICLE WITH INFLATABLE TIRES OR MACHINERY USED
3 STRICTLY FOR THE GROOMING OF SNOWMOBILE TRAILS.
4 "STREET." A HIGHWAY, OTHER THAN AN ALLEY, WITHIN THE
5 CORPORATE LIMITS OF A POLITICAL SUBDIVISION.
6 "TAIL LAMP." A DEVICE TO DESIGNATE THE REAR OF A VEHICLE BY
7 A WARNING LIGHT.
8 § 7706. RESTRICTED [RECEIPTS FUND] ACCOUNT.
9 (A) DEPOSIT AND USE OF MONEYS.--
10 (1) THE DEPARTMENT SHALL [DEPOSIT ALL MONEYS RECEIVED
11 FROM THE REGISTRATION OF SNOWMOBILES AND THE REGISTRATION AND
12 ISSUANCE OF CERTIFICATES OF TITLE FOR ATV'S, THE SALE OF
13 SNOWMOBILE AND ATV REGISTRATION INFORMATION, SNOWMOBILE AND
14 ATV PUBLICATIONS AND OTHER SERVICES PROVIDED BY THE
15 DEPARTMENT, AND ALL FEES AND FINES ASSESSED AND COLLECTED
16 UNDER THIS CHAPTER IN A RESTRICTED RECEIPTS FUND, FROM WHICH
17 THE] DEPOSIT THE FOLLOWING INTO A RESTRICTED ACCOUNT, WHICH
18 IS HEREBY ESTABLISHED:
19 (I) ALL MONEYS RECEIVED FROM THE REGISTRATION OF AND
20 ISSUANCE OF CERTIFICATES OF TITLE FOR SNOWMOBILES AND
21 ATV'S;
22 (II) ALL REVENUE FROM THE SALE OF ANY PUBLICATIONS
23 OR SERVICES RELATING TO SNOWMOBILES AND ATV'S; AND
24 (III) ALL FINES, PENALTIES, FEES AND COSTS ASSESSED
25 AND COLLECTED AS A RESULT OF ENFORCEMENT ACTIVITIES
26 CONDUCTED BY THE DEPARTMENT'S LAW ENFORCEMENT PERSONNEL
27 UNDER THIS CHAPTER.
28 (2) THE DEPARTMENT SHALL DRAW MONEYS FROM THE RESTRICTED
29 ACCOUNT FOR USE IN [CARRYING OUT THE REGISTRATION AND THE
30 ISSUANCE OF CERTIFICATES OF TITLE, SAFETY EDUCATION AND
20010H0154B0708 - 31 -
1 ENFORCEMENT REQUIREMENTS OF THIS CHAPTER AS WELL AS THE
2 ESTABLISHMENT,] PERFORMING ANY ACTIVITIES NECESSARY TO CARRY
3 OUT THE PURPOSES OF THIS CHAPTER, INCLUDING REGISTRATION AND
4 CERTIFICATE OF TITLE ACTIVITIES, TRAINING, EDUCATION,
5 ENFORCEMENT ACTIVITIES, CONSTRUCTION AND MAINTENANCE OF
6 SNOWMOBILE AND ATV TRAILS AND [ANY] ACQUISITION OF EQUIPMENT
7 [AND], SUPPLIES [NECESSARY TO CARRY OUT THE PURPOSES OF THIS
8 CHAPTER] AND INTERESTS IN LAND. ALL MONEYS DEPOSITED IN [SAID
9 FUND NOT HERETOFORE PAID INTO THE GENERAL FUND] THIS ACCOUNT
10 SHALL REMAIN IN [SAID RESTRICTED RECEIPTS FUND] IT TO BE USED
11 AS SPECIFIED IN THIS [CHAPTER AND ANY INCREASES IN MONEYS
12 PREVIOUSLY PAID TO THE GENERAL FUND SHALL REMAIN IN SAID
13 RESTRICTED RECEIPTS FUND TO BE USED AS SPECIFIED IN THIS
14 CHAPTER.] SECTION.
15 (3) THE PROVISIONS OF 42 PA.C.S. § 3573(B)(2) (RELATING
16 TO MUNICIPAL CORPORATION PORTION OF FINES, ETC.)
17 NOTWITHSTANDING, WHEN PROSECUTION UNDER THIS CHAPTER IS THE
18 RESULT OF LOCAL POLICE ACTION, ALL FINES, PENALTIES, FEES AND
19 COSTS ASSESSED AS A RESULT OF SUCH PROSECUTION SHALL BE
20 PAYABLE TO THE MUNICIPAL CORPORATION UNDER WHICH THE LOCAL
21 POLICE ARE ORGANIZED.
22 (B) GRANT-IN-AID.--THE DEPARTMENT SHALL [ALSO], UPON WRITTEN
23 APPLICATION AND SUBSEQUENT APPROVAL, [DISPERSE MONEYS TO
24 MUNICIPALITIES, NONPROFIT SNOWMOBILE CLUBS AND ORGANIZATIONS FOR
25 CONSTRUCTION, MAINTENANCE AND REHABILITATION OF SNOWMOBILE
26 TRAILS OR ANY OTHER FACILITIES FOR THE USE OF SNOWMOBILES,
27 INCLUDING PLANS AND SPECIFICATIONS, ENGINEERING SURVEYS AND
28 SUPERVISION AND LAND ACQUISITION WHERE NECESSARY.
29 THE DEPARTMENT SHALL PROMULGATE SUCH RULES AND REGULATIONS IT
30 DEEMS NECESSARY FOR THE ADMINISTRATION OF THIS SUBSECTION.]
20010H0154B0708 - 32 -
1 GRANT MONEY FROM THE RESTRICTED ACCOUNT:
2 (1) TO MUNICIPALITIES AND PROFIT AND NONPROFIT
3 ORGANIZATIONS, IN CONNECTION WITH SNOWMOBILE AND ATV USE ON
4 LANDS NOT OWNED BY THE COMMONWEALTH FOR THE FOLLOWING:
5 (I) PLANS, SPECIFICATIONS AND ENGINEERING SURVEYS.
6 (II) FEES AND COSTS RELATED TO THE PREPARATION OR
7 PERFORMANCE OF RIGHT-OF-WAY LEASE AGREEMENTS.
8 (III) LAND ACQUISITION.
9 (IV) CONSTRUCTION, MAINTENANCE AND REHABILITATION OF
10 TRAILS AND OTHER FACILITIES FOR SNOWMOBILES AND ATV'S.
11 (2) TO MUNICIPALITIES AND PROFIT AND NONPROFIT
12 ORGANIZATIONS FOR EQUIPMENT, TRAINING AND EDUCATION
13 ACTIVITIES RELATING TO SNOWMOBILE AND ATV USE.
14 (3) TO PROFIT AND NONPROFIT ORGANIZATIONS FOR THE
15 MAINTENANCE AND REHABILITATION, BUT NOT THE CONSTRUCTION, OF
16 SNOWMOBILE AND ATV TRAILS ON LAND OWNED BY THE COMMONWEALTH.
17 (C) AUDIT OF MONEYS.--THE RESTRICTED [RECEIPTS FUND] ACCOUNT
18 SHALL BE AUDITED EVERY TWO YEARS.
19 § 7711. REGISTRATION OF DEALERS.
20 [ANY PERSON WHO IS IN THE BUSINESS OF SELLING SNOWMOBILES OR
21 ATV'S SHALL REGISTER AS A DEALER. THE DEPARTMENT, UPON RECEIPT
22 OF APPLICATION AND THE REQUIRED FEE, SHALL ASSIGN A
23 DISTINGUISHING DEALER REGISTRATION NUMBER TO THE REGISTRANT AND
24 ISSUE APPROPRIATE REGISTRATION CERTIFICATE TO HIM. DEALER
25 REGISTRATIONS ARE NOT TRANSFERABLE.]
26 (A) GENERAL RULE.--A PERSON WHO IS IN THE BUSINESS OF
27 SELLING SNOWMOBILES OR ATV'S IN THIS COMMONWEALTH SHALL REGISTER
28 WITH THE DEPARTMENT AS A DEALER. A PERSON WHO IS IN THE BUSINESS
29 OF SELLING SNOWMOBILES OR ATV'S OUTSIDE THIS COMMONWEALTH MAY
30 REGISTER WITH THE DEPARTMENT AS A DEALER.
20010H0154B0708 - 33 -
1 (B) ISSUANCE.--UPON RECEIPT OF AN APPLICATION UPON A FORM
2 PRESCRIBED AND FURNISHED BY THE DEPARTMENT WHICH SHALL CONTAIN
3 INFORMATION REASONABLE REQUIRED BY THE DEPARTMENT AND WHICH
4 SHALL BE ACCOMPANIED BY THE REQUIRED FEE, THE DEPARTMENT SHALL
5 ISSUE TO A DEALER:
6 (1) A DEALER REGISTRATION CERTIFICATE CONTAINING A
7 DEALER REGISTRATION NUMBER AND EXPIRATION DATE.
8 (2) THREE DEALER REGISTRATION PLATES DISPLAYING THE
9 EXPIRATION DATE OF THE DEALER REGISTRATION.
10 (3) THREE DEALER PLATE REGISTRATION CARDS DISPLAYING THE
11 EXPIRATION DATE OF THE DEALER REGISTRATION.
12 (C) REGISTRATION NOT TRANSFERABLE.--A DEALER REGISTRATION
13 CERTIFICATE, DEALER REGISTRATION PLATE AND DEALER PLATE
14 REGISTRATION CARD ARE NOT TRANSFERABLE.
15 (D) EXPIRATION OF REGISTRATION.--A DEALER REGISTRATION
16 CERTIFICATE, DEALER REGISTRATION PLATE AND DEALER PLATE
17 REGISTRATION CARD EXPIRE EFFECTIVE THE DAY AFTER THE EXPIRATION
18 DATE DISPLAYED ON THEM. A DEALER REGISTRATION CERTIFICATE,
19 DEALER REGISTRATION PLATE OR DEALER PLATE REGISTRATION CARD THAT
20 HAS EXPIRED IS NOT VALID.
21 (E) USE OF DEALER REGISTRATION PLATES.--A DEALER MAY OPERATE
22 OR PERMIT TO BE OPERATED WITHIN THIS COMMONWEALTH A SNOWMOBILE
23 OR ATV OWNED BY OR IN THE POSSESSION OF THE DEALER IF:
24 (1) A VALID DEALER REGISTRATION CERTIFICATE ISSUED TO
25 THE DEALER UNDER THIS SECTION IS DISPLAYED CONSPICUOUSLY IN
26 THE DEALER'S PLACE OF BUSINESS.
27 (2) THE OPERATOR CARIES A VALID DEALER REGISTRATION CARD
28 ISSUED TO THE DEALER UNDER THIS SECTION.
29 (3) THERE IS DISPLAYED ON THE SNOWMOBILE OR ATV IN A
30 MANNER PRESCRIBED BY THE DEPARTMENT A VALID DEALER
20010H0154B0708 - 34 -
1 REGISTRATION PLATE ISSUED TO THE DEALER UNDER THIS SECTION.
2 (4) THE SNOWMOBILE OR ATV IS OPERATED ONLY FOR THE
3 PURPOSE OF DEMONSTRATION OR TESTING IN CONNECTION WITH THE
4 DEALER'S BUSINESS.
5 SECTION 5. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:
6 § 7711.1. REGISTRATION OF SNOWMOBILE OR ATV.
7 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN
8 SUBSECTION (F), IT IS UNLAWFUL FOR A PERSON TO OPERATE, OR FOR
9 AN OWNER TO PERMIT ANOTHER PERSON TO OPERATE, A SNOWMOBILE OR AN
10 ATV UNLESS:
11 (1) THERE IS CARRIED ON THE SNOWMOBILE OR ATV A VALID
12 REGISTRATION CERTIFICATE, ISSUED THEREFOR PURSUANT TO
13 SUBSECTION (B).
14 (2) THERE IS DISPLAYED ON THE SNOWMOBILE A REGISTRATION
15 DECAL, OR ON THE ATV A REGISTRATION PLATE, ISSUED THEREFOR
16 PURSUANT TO SUBSECTION (B).
17 (3) THE DISPLAY OF THE REGISTRATION DECAL OR PLATE IS IN
18 THE MANNER PRESCRIBED BY THE DEPARTMENT.
19 (4) THERE IS DISPLAYED ON THE SNOWMOBILE OR ATV A VALID
20 EXPIRATION STICKER ISSUED THEREFOR PURSUANT TO SUBSECTION
21 (B).
22 (5) THE DISPLAY OF THE EXPIRATION STICKER IS IN THE
23 MANNER PRESCRIBED BY THE DEPARTMENT.
24 (B) ISSUANCE.--UPON RECEIPT OF AN APPLICATION THEREFOR UPON
25 A FORM PRESCRIBED AND FURNISHED BY THE DEPARTMENT WHICH SHALL
26 CONTAIN INFORMATION REASONABLY REQUIRED BY THE DEPARTMENT AND
27 WHICH SHALL BE ACCOMPANIED BY THE REQUIRED FEE, THE DEPARTMENT
28 SHALL ISSUE TO THE OWNER OF A SNOWMOBILE OR ATV:
29 (1) A REGISTRATION CERTIFICATE CONTAINING THE
30 REGISTRATION NUMBER FOR THE SNOWMOBILE OR ATV AND THE
20010H0154B0708 - 35 -
1 EXPIRATION DATE OF THE REGISTRATION.
2 (2) A REGISTRATION DECAL DISPLAYING THE REGISTRATION
3 NUMBER FOR A SNOWMOBILE OR A REGISTRATION PLATE DISPLAYING
4 THE REGISTRATION NUMBER FOR AN ATV.
5 (3) AN EXPIRATION STICKER DISPLAYING THE EXPIRATION DATE
6 OF THE REGISTRATION.
7 (C) TEMPORARY REGISTRATION.--TEMPORARY REGISTRATION FOR A
8 PERIOD NOT TO EXCEED 45 DAYS MAY BE ISSUED BY A DEALER AS
9 PRESCRIBED BY THE DEPARTMENT. PROOF OF TEMPORARY REGISTRATION
10 SHALL BE CARRIED AND DISPLAYED AS PRESCRIBED BY THE DEPARTMENT.
11 (D) EXPIRATION OF REGISTRATION.--
12 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), A REGISTRATION
13 CERTIFICATE AND AN EXPIRATION STICKER SHALL EXPIRE EFFECTIVE
14 THE DAY AFTER THE EXPIRATION DATE APPEARING ON THE
15 REGISTRATION CERTIFICATE AND EXPIRATION STICKER.
16 (2) UPON TRANSFER OF OWNERSHIP OF A SNOWMOBILE OR ATV
17 DURING A REGISTRATION PERIOD, THE REGISTRATION CERTIFICATE
18 AND EXPIRATION STICKER SHALL EXPIRE. THE TRANSFEROR SHALL,
19 WITHIN 15 DAYS FROM THE DATE OF TRANSFER, RETURN TO THE
20 DEPARTMENT THE REGISTRATION CERTIFICATE WITH THE DATE OF
21 TRANSFER AND THE NAME AND ADDRESS OF THE NEW OWNER ENDORSED
22 ON THE BACK. IF THE TRANSFEROR APPLIES FOR REGISTRATION OF A
23 DIFFERENT SNOWMOBILE OR ATV AND PAYS THE REQUIRED TRANSFER
24 FEE, THE TRANSFEROR MAY BE ISSUED, IN THE NAME OF THE
25 TRANSFEROR, A REGISTRATION CERTIFICATE AND EXPIRATION STICKER
26 FOR THAT SNOWMOBILE OR ATV FOR THE REMAINDER OF THE
27 REGISTRATION PERIOD WITHOUT PAYMENT OF A REGISTRATION FEE.
28 THE REGISTRATION DECAL OR PLATE SHALL NOT BE REMOVED FROM A
29 SNOWMOBILE OR ATV UPON TRANSFER TO THE NEW OWNER AND IS
30 INVALID UNTIL THE NEW OWNER IS ISSUED A REGISTRATION
20010H0154B0708 - 36 -
1 CERTIFICATE OR LIMITED REGISTRATION CERTIFICATE FOR THE
2 SNOWMOBILE OR ATV.
3 (3) AN EXPIRED GENERAL REGISTRATION CERTIFICATE AND AN
4 EXPIRED EXPIRATION STICKER ARE INVALID.
5 (E) SUSPENSION OR REVOCATION.--IF A PERSON VIOLATES THIS
6 CHAPTER OR IS CONVICTED OF ANY OFFENSE UNDER THIS CHAPTER, THE
7 DEPARTMENT MAY SUSPEND OR REVOKE A REGISTRATION CERTIFICATE AND
8 AN EXPIRATION STICKER. A SUSPENDED OR REVOKED REGISTRATION
9 CERTIFICATE OR EXPIRATION STICKER IS INVALID.
10 (F) EXEMPTIONS FROM REGISTRATION.--SUBSECTION (A) DOES NOT
11 APPLY IF:
12 (1) THE SNOWMOBILE OR ATV IS OWNED BY OR IN THE
13 POSSESSION OF A DEALER WHO HAS BEEN ISSUED A DEALER
14 REGISTRATION CERTIFICATE, DEALER REGISTRATION PLATES AND
15 DEALER PLATE REGISTRATION CARDS UNDER § 7711 (RELATING TO
16 REGISTRATION OF DEALERS), THE DEALER IS IN COMPLIANCE WITH §
17 7711 AND THE SNOWMOBILE OR ATV IS USED IN ACCORDANCE WITH
18 §7711.
19 (2) THE SNOWMOBILE OR ATV IS OWNED AND USED BY THE
20 UNITED STATES OR ANOTHER STATE OR A POLITICAL SUBDIVISION
21 THEREOF, IN WHICH CASE THE SNOWMOBILE OR ATV SHALL DISPLAY
22 THE NAME OF THE OWNER IN A MANNER PRESCRIBED BY THE
23 DEPARTMENT.
24 (3) THE SNOWMOBILE OR ATV IS OPERATED ON LAND OWNED OR
25 LEASED BY THE OWNER OR OPERATOR OF THE SNOWMOBILE OR ATV AND
26 IT IS NOT OPERATED ELSEWHERE WITHIN THIS COMMONWEALTH.
27 (4) THE OWNER OF THE SNOWMOBILE OR ATV IS NOT A RESIDENT
28 OF THIS COMMONWEALTH AND THE OPERATOR PRESENTS PROOF THAT THE
29 SNOWMOBILE OR ATV HAS BEEN PROPERLY REGISTERED IN ANOTHER
30 JURISDICTION THAT EXEMPTS FROM ITS REGISTRATION REQUIREMENTS
20010H0154B0708 - 37 -
1 PERSONS WHO HAVE OBTAINED PROPER REGISTRATION UNDER THIS
2 CHAPTER.
3 § 7711.2. LIMITED REGISTRATION OF SNOWMOBILE OR ATV.
4 (A) GENERAL RULE.--IT IS UNLAWFUL FOR A PERSON TO OPERATE,
5 OR FOR AN OWNER TO PERMIT ANOTHER PERSON TO OPERATE, A
6 SNOWMOBILE OR ATV IDENTIFIED IN SECTION 7711.1(F)(3) (RELATING
7 TO REGISTRATION OF SNOWMOBILE OR ATV) UNLESS:
8 (1) A LIMITED REGISTRATION CERTIFICATE HAS BEEN ISSUED
9 THEREFOR PURSUANT TO SUBSECTION (B).
10 (2) THERE IS DISPLAYED ON THE SNOWMOBILE A VALID
11 REGISTRATION DECAL OR ON THE ATV A VALID REGISTRATION PLATE,
12 ISSUED PURSUANT TO SUBSECTION (B).
13 (3) THE DISPLAY OF THE REGISTRATION DECAL OR PLATE IS IN
14 THE MANNER PRESCRIBED BY THE DEPARTMENT.
15 (B) ISSUANCE.--UPON RECEIPT OF AN APPLICATION THEREFOR UPON
16 A FORM PRESCRIBED AND FURNISHED BY THE DEPARTMENT WHICH SHALL
17 CONTAIN INFORMATION REASONABLY REQUIRED BY THE DEPARTMENT, THE
18 DEPARTMENT SHALL ISSUE TO THE OWNER OF A SNOWMOBILE OR ATV FOR
19 WHICH LIMITED REGISTRATION IS REQUIRED UNDER SUBSECTION (A):
20 (1) A LIMITED REGISTRATION CERTIFICATE CONTAINING THE
21 REGISTRATION NUMBER FOR THE SNOWMOBILE OR ATV.
22 (2) A REGISTRATION DECAL DISPLAYING THE REGISTRATION
23 NUMBER FOR A SNOWMOBILE OR A REGISTRATION PLATE DISPLAYING
24 THE REGISTRATION NUMBER FOR AN ATV.
25 (C) TEMPORARY LIMITED REGISTRATION.--TEMPORARY LIMITED
26 REGISTRATION FOR A PERIOD NOT TO EXCEED 45 DAYS MAY BE ISSUED BY
27 A DEALER AS PRESCRIBED BY THE DEPARTMENT. PROOF OF TEMPORARY
28 LIMITED REGISTRATION SHALL BE DISPLAYED AS PRESCRIBED BY THE
29 DEPARTMENT.
30 (D) TRANSFER OF OWNERSHIP.--UPON TRANSFER OF OWNERSHIP OF A
20010H0154B0708 - 38 -
1 SNOWMOBILE OR ATV FOR WHICH A LIMITED REGISTRATION CERTIFICATE
2 HAS BEEN ISSUED, THE LIMITED REGISTRATION CERTIFICATE SHALL
3 BECOME INVALID. THE TRANSFEROR SHALL, WITHIN 15 DAYS FROM THE
4 DATE OF TRANSFER, RETURN TO THE DEPARTMENT THE LIMITED
5 REGISTRATION CERTIFICATE WITH THE DATE OF TRANSFER AND THE NAME
6 AND ADDRESS OF THE NEW OWNER ENDORSED ON THE BACK. THE
7 REGISTRATION DECAL OR PLATE SHALL NOT BE REMOVED FROM THE
8 SNOWMOBILE OR ATV UPON TRANSFER TO THE NEW OWNER AND IS INVALID
9 UNTIL THE NEW OWNER OBTAINS A REGISTRATION CERTIFICATE OR
10 LIMITED REGISTRATION CERTIFICATE FOR THE SNOWMOBILE OR ATV.
11 (E) SUSPENSION OR REVOCATION.--IF A PERSON VIOLATES THIS
12 CHAPTER OR IS CONVICTED OF ANY OFFENSE UNDER THIS CHAPTER, THE
13 DEPARTMENT MAY SUSPEND OR REVOKE A LIMITED REGISTRATION
14 CERTIFICATE. A SUSPENDED OR REVOKED LIMITED REGISTRATION
15 CERTIFICATE IS INVALID.
16 SECTION 6. SECTION 7712 OF TITLE 75 IS REPEALED.
17 SECTION 7. SECTIONS 7712.1, 7712.2, 7712.3, 7712.4, 7712.5,
18 7712.6 AND 7712.7 OF TITLE 75 ARE AMENDED TO READ:
19 § 7712.1. CERTIFICATE OF TITLE FOR [ATV'S REQUIRED] SNOWMOBILE
20 OR ATV.
21 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN [THIS
22 SECTION] SUBSECTION (B), [EVERY] AN OWNER OF A [CLASS I OR CLASS
23 II] SNOWMOBILE OR ATV WHICH IS IN THIS COMMONWEALTH AND FOR
24 WHICH NO CERTIFICATE OF TITLE HAS BEEN ISSUED SHALL [MAKE
25 APPLICATION] APPLY TO THE DEPARTMENT FOR A CERTIFICATE OF TITLE
26 [TO THE ATV].
27 (B) [EXCEPTION.--THE PROVISIONS OF THIS SECTION WHICH
28 REQUIRE EVERY OWNER OF AN ATV TO MAKE APPLICATION FOR AND
29 RECEIVE A CERTIFICATE OF TITLE SHALL NOT APPLY TO ANY PERSON WHO
30 HAS REGISTERED AN ATV ON OR BEFORE THE EFFECTIVE DATE OF THIS
20010H0154B0708 - 39 -
1 SECTION UNLESS THAT OWNER RESELLS THE REGISTERED ATV.]
2 EXEMPTIONS FROM TITLING.--NO CERTIFICATE OF TITLE IS REQUIRED
3 FOR:
4 (1) A SNOWMOBILE OR ATV THAT WAS REGISTERED PRIOR TO THE
5 EFFECTIVE DATE OF THIS SECTION.
6 (2) A SNOWMOBILE OR ATV OWNED BY THE UNITED STATES
7 UNLESS A GENERAL REGISTRATION CERTIFICATE HAS BEEN ISSUED
8 THEREFOR.
9 (3) A NEW SNOWMOBILE OR ATV OWNED BY A DEALER BEFORE AND
10 UNTIL SALE.
11 (4) A SNOWMOBILE OR ATV OWNED BY A NONRESIDENT OF THIS
12 COMMONWEALTH AND NOT REQUIRED BY LAW TO BE REGISTERED IN THIS
13 COMMONWEALTH.
14 (5) A SNOWMOBILE OR ATV OWNED BY A RESIDENT OF THIS
15 COMMONWEALTH AND REQUIRED BY LAW TO BE REGISTERED IN ANOTHER
16 STATE, BASED AND USED PRINCIPALLY OUTSIDE OF THIS
17 COMMONWEALTH, AND NOT REQUIRED BY LAW TO BE REGISTERED IN
18 THIS COMMONWEALTH.
19 (C) CONTENTS OF APPLICATION.--APPLICATION FOR A CERTIFICATE
20 OF TITLE SHALL BE MADE UPON A FORM PRESCRIBED AND FURNISHED BY
21 THE DEPARTMENT AND SHALL CONTAIN A FULL DESCRIPTION OF THE
22 SNOWMOBILE OR ATV, DATE OF PURCHASE, THE [ACTUAL OR BONA FIDE]
23 NAME AND ADDRESS OF THE OWNER, A STATEMENT OF THE TITLE OF
24 APPLICANT, TOGETHER WITH ANY OTHER INFORMATION OR DOCUMENTS THE
25 DEPARTMENT REQUIRES TO IDENTIFY THE SNOWMOBILE OR ATV AND TO
26 ENABLE THE DEPARTMENT TO DETERMINE WHETHER THE OWNER IS ENTITLED
27 TO A CERTIFICATE OF TITLE.
28 (D) SIGNING AND FILING OF APPLICATION.--APPLICATION FOR A
29 CERTIFICATE OF TITLE SHALL BE MADE WITHIN 15 DAYS OF THE SALE OR
30 TRANSFER OF [AN] A SNOWMOBILE OR ATV OR ITS ENTRY INTO THIS
20010H0154B0708 - 40 -
1 COMMONWEALTH FROM ANOTHER JURISDICTION, WHICHEVER IS LATER. THE
2 APPLICATION SHALL BE ACCOMPANIED BY THE REQUIRED FEE [PRESCRIBED
3 IN THIS SUBCHAPTER,] AND ANY TAX PAYABLE BY THE APPLICANT UNDER
4 THE LAWS OF THIS COMMONWEALTH IN CONNECTION WITH THE ACQUISITION
5 OR USE OF [AN] A SNOWMOBILE OR ATV OR EVIDENCE TO SHOW THAT THE
6 TAX HAS BEEN PAID OR COLLECTED. THE APPLICATION SHALL BE SIGNED
7 AND VERIFIED BY OATH OR AFFIRMATION BY THE APPLICANT IF A
8 NATURAL PERSON; IN THE CASE OF AN ASSOCIATION OR PARTNERSHIP, BY
9 A MEMBER OR A PARTNER; AND IN THE CASE OF A CORPORATION, BY AN
10 EXECUTIVE OFFICER OR [SOME] PERSON SPECIFICALLY AUTHORIZED BY
11 THE CORPORATION TO SIGN THE APPLICATION.
12 [(E) ATV'S PURCHASED FROM DEALERS OR MANUFACTURERS.--IF THE
13 APPLICATION REFERS TO AN ATV PURCHASED FROM A DEALER OR
14 MANUFACTURER, THE DEALER OR MANUFACTURER SHALL MAIL OR DELIVER
15 TO THE DEPARTMENT THE CERTIFICATE OF TITLE AND ANY OTHER
16 REQUIRED FORMS WITHIN 15 DAYS OF THE DATE OF PURCHASE. ANY
17 DEALER OR MANUFACTURER VIOLATING THIS SUBSECTION IS GUILTY OF A
18 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
19 A FINE OF $50 FOR EACH VIOLATION. THE REQUIREMENT THAT THE
20 DEALER OR MANUFACTURER MAIL OR DELIVER THE APPLICATION TO THE
21 DEPARTMENT DOES NOT APPLY TO ATV'S PURCHASED BY GOVERNMENTAL
22 AGENCIES.
23 (F) ATV'S NOT REQUIRING CERTIFICATE OF TITLE.--NO
24 CERTIFICATE OF TITLE IS REQUIRED FOR:
25 (1) AN ATV OWNED BY THE UNITED STATES UNLESS IT IS
26 REGISTERED IN THIS COMMONWEALTH.
27 (2) A NEW ATV OWNED BY A MANUFACTURER OR REGISTERED
28 DEALER BEFORE AND UNTIL SALE.
29 (3) ANY ATV WHICH MEETS THE REQUIREMENTS OF SUBSECTION
30 (B) PRIOR TO ANY RESALE.]
20010H0154B0708 - 41 -
1 (G) REGISTRATION WITHOUT CERTIFICATE OF TITLE PROHIBITED.--
2 EXCEPT AS PROVIDED IN SUBSECTION (B), THE DEPARTMENT SHALL NOT
3 [REGISTER OR RENEW THE REGISTRATION OF AN] ISSUE A REGISTRATION
4 CERTIFICATE OR LIMITED REGISTRATION CERTIFICATE FOR A SNOWMOBILE
5 OR ATV UNLESS A CERTIFICATE OF TITLE HAS BEEN ISSUED BY THE
6 DEPARTMENT TO THE OWNER OR AN APPLICATION FOR A CERTIFICATE OF
7 TITLE HAS BEEN DELIVERED BY THE OWNER TO THE DEPARTMENT.
8 (H) REFUSING ISSUANCE OF CERTIFICATE OF TITLE.--THE
9 DEPARTMENT MAY REFUSE ISSUANCE OF A CERTIFICATE OF TITLE [WHEN]
10 IF IT HAS REASONABLE GROUNDS TO BELIEVE ANY ONE OF THE
11 FOLLOWING:
12 (1) [THAT ANY] A REQUIRED FEE HAS NOT BEEN PAID.
13 (2) [THAT ANY] ANY TAXES PAYABLE UNDER THE LAWS OF THIS
14 COMMONWEALTH ON OR IN CONNECTION WITH, OR RESULTING FROM THE
15 ACQUISITION OR USE OF, THE SNOWMOBILE OR ATV HAVE NOT BEEN
16 PAID.
17 (3) [THAT THE] THE APPLICANT IS NOT THE OWNER OF THE
18 SNOWMOBILE OR ATV.
19 (4) [THAT THE] THE APPLICATION CONTAINS A FALSE OR
20 FRAUDULENT STATEMENT.
21 (5) [THAT THE] THE APPLICANT HAS FAILED TO FURNISH
22 REQUIRED INFORMATION OR DOCUMENTS OR ANY ADDITIONAL
23 INFORMATION THE DEPARTMENT REASONABLY REQUIRES.
24 [(I) SUSPENSION AND CANCELLATION OF CERTIFICATE OF TITLE.--
25 (1) THE DEPARTMENT MAY CANCEL THE CERTIFICATE OF TITLE
26 ISSUED FOR A NEW ATV WHEN IT IS SHOWN BY SATISFACTORY
27 EVIDENCE THAT THE ATV HAS BEEN RETURNED WITHIN 45 DAYS TO THE
28 MANUFACTURER OR DEALER FROM WHOM OBTAINED.
29 (2) THE DEPARTMENT, UPON RECEIPT OF CERTIFICATION FROM
30 THE CLERK OF ANY COURT SHOWING CONVICTION FOR A MISSTATEMENT
20010H0154B0708 - 42 -
1 OF FACTS ON ANY APPLICATION FOR A CERTIFICATE OF TITLE OR ANY
2 TRANSFER OF A CERTIFICATE OF TITLE, SHALL SUSPEND THE
3 CERTIFICATE OF TITLE AND REQUIRE THAT THE CERTIFICATE BE
4 RETURNED IMMEDIATELY TO THE DEPARTMENT, WHEREUPON THE
5 DEPARTMENT MAY CANCEL THE CERTIFICATE.
6 (3) THE DEPARTMENT MAY SUSPEND A CERTIFICATE OF TITLE
7 WHEN A CHECK RECEIVED IN PAYMENT OF THE FEE IS NOT PAID ON
8 DEMAND OR WHEN THE FEE FOR THE CERTIFICATE IS UNPAID AND
9 OWING.]
10 (J) TRANSFER OF OWNERSHIP OF SNOWMOBILE OR ATV.--
11 (1) [IN THE EVENT OF] UPON THE SALE OR TRANSFER OF [THE]
12 OWNERSHIP OF [AN] A SNOWMOBILE OR ATV WITHIN THIS
13 COMMONWEALTH, THE OWNER SHALL EXECUTE AN ASSIGNMENT AND
14 WARRANTY OF TITLE TO THE TRANSFEREE IN THE SPACE PROVIDED ON
15 THE CERTIFICATE OF TITLE OR AS THE DEPARTMENT PRESCRIBES,
16 SWORN TO BEFORE A NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO
17 ADMINISTER OATHS, AND DELIVER THE CERTIFICATE TO THE
18 TRANSFEREE AT THE TIME OF THE DELIVERY OF THE SNOWMOBILE OR
19 ATV.
20 (2) EXCEPT AS OTHERWISE PROVIDED IN SECTION [7712.2
21 (RELATING TO TRANSFER TO OR FROM [MANUFACTURER OR] DEALER)]
22 7715.1 (RELATING TO SNOWMOBILE OR ATV PURCHASED FROM DEALER),
23 THE TRANSFEREE SHALL, WITHIN 15 DAYS OF THE ASSIGNMENT [OR
24 REASSIGNMENT] OF THE CERTIFICATE OF TITLE, APPLY FOR A NEW
25 TITLE BY [PRESENTING] FORWARDING TO THE DEPARTMENT THE
26 CERTIFICATE OF TITLE EXECUTED AS REQUIRED BY PARAGRAPH (1), A
27 PROPERLY COMPLETED APPLICATION FOR CERTIFICATE OF TITLE,
28 SWORN TO BEFORE A NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO
29 ADMINISTER OATHS, AND [ACCOMPANIED BY] SUCH OTHER FORMS AS
30 THE DEPARTMENT MAY REQUIRE.
20010H0154B0708 - 43 -
1 [(3) ANY] (K) PENALTY.--A PERSON [VIOLATING] WHO
2 VIOLATES SUBSECTION (A) [SHALL BE GUILTY OF A] COMMITS A
3 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED:
4 (I) FOR A FIRST OFFENSE, TO PAY A FINE OF $100 AND
5 COSTS OF PROSECUTION.
6 (II) FOR A SUBSEQUENT OFFENSE, TO PAY A FINE OF NOT
7 LESS THAN $300 NOR MORE THAN $1,000 AND COSTS OF
8 PROSECUTION.
9 § 7712.2. TRANSFER TO OR FROM [MANUFACTURER OR] DEALER.
10 (A) TRANSFER TO [MANUFACTURER OR] DEALER.--[WHEN THE
11 PURCHASER OR TRANSFEREE OF AN] IF A DEALER ACQUIRES A SNOWMOBILE
12 OR ATV [IS A MANUFACTURER OR REGISTERED DEALER WHO HOLDS THE
13 ATV] FOR THE PURPOSE OF RESALE, A CERTIFICATE OF TITLE NEED NOT
14 BE APPLIED FOR AS PROVIDED FOR IN SECTION 7712.1 (RELATING TO
15 CERTIFICATE OF TITLE FOR [ATV'S REQUIRED] SNOWMOBILE OR ATV),
16 BUT THE [TRANSFEREE] DEALER SHALL, WITHIN SEVEN DAYS FROM THE
17 DATE OF [ASSIGNMENT OF THE CERTIFICATE OF TITLE TO THE
18 MANUFACTURER OR DEALER] ACQUISITION FORWARD TO THE DEPARTMENT,
19 UPON A FORM PRESCRIBED AND FURNISHED BY THE DEPARTMENT,
20 NOTIFICATION OF THE ACQUISITION OF THE SNOWMOBILE OR ATV.
21 [NOTIFICATION AS AUTHORIZED IN THIS SECTION MAY NOT BE USED IN
22 EXCESS OF THREE CONSECUTIVE TRANSACTIONS AFTER WHICH TIME AN
23 APPLICATION SHALL BE MADE FOR A CERTIFICATE OF TITLE.]
24 (B) EXECUTION AND DISPLAY OF NOTICE OF TRANSFER.--[THE
25 MANUFACTURER OR] A DEALER MAKING NOTIFICATION [AS TO ANY ATV
26 ACQUIRED] PURSUANT TO SUBSECTION (A) SHALL EXECUTE AT LEAST
27 THREE COPIES OF THE NOTIFICATION, THE ORIGINAL OF WHICH SHALL BE
28 FORWARDED TO THE DEPARTMENT, ONE COPY TO ACCOMPANY THE
29 SNOWMOBILE OR ATV [ON] IN ANY SUBSEQUENT TRANSFER AND ONE COPY
30 TO BE RETAINED BY THE [MANUFACTURER OR] DEALER FOR AT LEAST ONE
20010H0154B0708 - 44 -
1 YEAR AFTER A SUBSEQUENT TRANSFER, TO BE EXHIBITED, WITH THE
2 ASSIGNED CERTIFICATE OF TITLE, UPON REQUEST OF [ANY] A POLICE
3 OFFICER OR AUTHORIZED DEPARTMENT EMPLOYEE.
4 (C) TRANSFER FROM [MANUFACTURER OR] DEALER.--EXCEPT AS
5 OTHERWISE PROVIDED IN [THIS SECTION WHEN THE TRANSFEREE IS
6 ANOTHER MANUFACTURER OR DEALER] SUBSECTION (A), IF A DEALER
7 TRANSFERS THE DEALER'S INTEREST IN A SNOWMOBILE OR ATV:
8 (1) THE [MANUFACTURER OR] DEALER[, UPON TRANSFERRING
9 THEIR INTEREST IN THE ATV,] SHALL EXECUTE AN ASSIGNMENT AND
10 WARRANTY OF TITLE TO THE TRANSFEREE IN THE SPACE PROVIDED ON
11 THE CERTIFICATE OF TITLE OR AS THE DEPARTMENT PRESCRIBES.
12 (2) THE TRANSFEREE SHALL COMPLETE THE APPLICATION FOR
13 CERTIFICATE OF TITLE IN THE NAME OF THE TRANSFEREE, SWORN TO
14 BEFORE A NOTARY PUBLIC OR OTHER OFFICER EMPOWERED TO
15 ADMINISTER OATHS.
16 (3) THE [MANUFACTURER OR] DEALER SHALL FORWARD TO THE
17 DEPARTMENT THE CERTIFICATE OF TITLE EXECUTED AS REQUIRED BY
18 PARAGRAPH (1), A PROPERLY COMPLETED APPLICATION FOR
19 CERTIFICATE OF TITLE AND [ANY] SUCH OTHER [REQUIRED] FORMS AS
20 THE DEPARTMENT MAY REQUIRE [TO THE DEPARTMENT] WITHIN 15 DAYS
21 OF THE TRANSFER.
22 (D) EXCEPTION FOR REPOSSESSED SNOWMOBILES OR ATV'S.--THIS
23 SECTION DOES NOT APPLY TO [AN] A SNOWMOBILE OR ATV REPOSSESSED
24 UPON DEFAULT OF PERFORMANCE OF A LEASE, CONTRACT OF CONDITIONAL
25 SALE OR SIMILAR AGREEMENT.
26 (E) PENALTY; SUSPENSION OR REVOCATION OF DEALER
27 REGISTRATION.--[ANY MANUFACTURER OR] A DEALER [VIOLATING ANY OF
28 THE PROVISIONS OF] WHO VIOLATES THIS SECTION [IS GUILTY OF]
29 COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
30 SENTENCED TO PAY A FINE OF $50 [FOR EACH VIOLATION]. IF A DEALER
20010H0154B0708 - 45 -
1 VIOLATES THIS SECTION, THE DEPARTMENT MAY SUSPEND OR REVOKE THE
2 REGISTRATION ISSUED UNDER SECTION 7711 (RELATING TO REGISTRATION
3 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] A PERSON DESIGNATED BY
17 THE SPOUSE, MAY BE MADE WITHOUT THE NECESSITY OF FILING FOR
18 LETTERS OF ADMINISTRATION, NOTWITHSTANDING THE FACT THAT THERE
19 ARE MINOR CHILDREN SURVIVING THE DECEDENT, [PROVIDED] IF THE
20 SURVIVING SPOUSE FILES AN AFFIDAVIT THAT ALL [THE] DEBTS OF THE
21 DECEDENT HAVE BEEN 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
20010H0154B0708 - 46 -
1 THE CERTIFICATE.
2 § 7712.4. CORRECTION OF CERTIFICATE OF TITLE.
3 (A) GENERAL RULE.--WHEN [ANY] A CERTIFICATE OF TITLE HAS
4 BEEN ISSUED IN ERROR TO A PERSON NOT ENTITLED TO [THE
5 CERTIFICATE] IT OR CONTAINS INCORRECT INFORMATION, OR
6 INFORMATION HAS BEEN OMITTED FROM THE CERTIFICATE, THE
7 DEPARTMENT SHALL NOTIFY IN WRITING THE PERSON TO WHOM THE
8 CERTIFICATE HAS BEEN ISSUED OR DELIVERED, AND SUCH PERSON SHALL
9 [IMMEDIATELY] RETURN THE CERTIFICATE [OF TITLE] WITHIN 48 HOURS,
10 TOGETHER WITH ANY OTHER INFORMATION NECESSARY FOR THE ADJUSTMENT
11 OF THE DEPARTMENT RECORDS, AND[,] UPON RECEIPT OF THE
12 CERTIFICATE, THE DEPARTMENT SHALL CANCEL THE CERTIFICATE AND
13 ISSUE A CORRECTED CERTIFICATE [OF TITLE].
14 (B) CHANGE IN MATERIAL INFORMATION ON CERTIFICATE.--IF ANY
15 MATERIAL INFORMATION ON THE CERTIFICATE OF TITLE IS CHANGED OR
16 DIFFERENT FROM THE INFORMATION ORIGINALLY SET FORTH, THE OWNER
17 SHALL IMMEDIATELY INFORM THE DEPARTMENT AND APPLY FOR A
18 CORRECTED CERTIFICATE [OF TITLE]. FOR THE PURPOSES OF THIS
19 SUBSECTION, A CHANGE OF ADDRESS [SHALL] IS NOT [BE] DEEMED
20 MATERIAL.
21 (C) SEIZURE OF CERTIFICATE ON CONVICTION.--UPON SUMMARY
22 CONVICTION FOR VIOLATION OF [THE PROVISIONS OF] THIS SECTION,
23 THE DEPARTMENT MAY DELEGATE AUTHORITY TO [ANY] A DEPARTMENT
24 EMPLOYEE OR POLICE OFFICER TO SEIZE THE CERTIFICATE OF TITLE.
25 § 7712.5. ISSUANCE OF NEW CERTIFICATE FOLLOWING TRANSFER.
26 (A) VOLUNTARY TRANSFER.--THE DEPARTMENT, UPON RECEIPT OF A
27 PROPERLY ASSIGNED CERTIFICATE OF TITLE WITH AN APPLICATION FOR A
28 NEW CERTIFICATE OF TITLE, THE REQUIRED FEE AND ANY OTHER
29 REQUIRED DOCUMENTS AND ARTICLES, SHALL ISSUE A NEW CERTIFICATE
30 OF TITLE IN THE NAME OF THE TRANSFEREE AS OWNER AND MAIL IT TO
20010H0154B0708 - 47 -
1 THE FIRST [LIENHOLDER] SECURED PARTY NAMED IN THE CERTIFICATE
2 OR, IF NONE, TO THE OWNER.
3 (B) INVOLUNTARY TRANSFER.--THE DEPARTMENT, UPON RECEIPT OF
4 AN APPLICATION FOR A NEW CERTIFICATE OF TITLE BY A TRANSFEREE
5 OTHER THAN BY VOLUNTARY TRANSFER, ON A FORM PRESCRIBED AND
6 FURNISHED BY THE DEPARTMENT TOGETHER WITH [PROPER] PROOF
7 SATISFACTORY TO THE DEPARTMENT OF THE TRANSFER, THE REQUIRED FEE
8 AND ANY OTHER REQUIRED DOCUMENTS AND ARTICLES, SHALL ISSUE A NEW
9 CERTIFICATE OF TITLE IN THE NAME OF THE TRANSFEREE AS OWNER.
10 (C) FILING AND RETENTION OF SURRENDERED CERTIFICATE.--THE
11 DEPARTMENT SHALL FILE AND RETAIN FOR FIVE YEARS [EVERY] A
12 SURRENDERED CERTIFICATE OF TITLE, OR A COPY, IN SUCH A MANNER AS
13 TO PERMIT THE TRACING OF TITLE OF THE SNOWMOBILE OR ATV.
14 § 7712.6. SUSPENSION AND CANCELLATION OF CERTIFICATE OF TITLE.
15 (A) RETURN OF NEW SNOWMOBILE OR ATV.--THE DEPARTMENT MAY
16 CANCEL THE CERTIFICATE OF TITLE ISSUED FOR A NEW SNOWMOBILE OR
17 ATV [WHEN] IF IT IS SHOWN BY SATISFACTORY EVIDENCE THAT THE
18 SNOWMOBILE OR ATV HAS BEEN RETURNED [WITHIN THE TIME SPECIFIED
19 IN THE DEPARTMENT REGULATIONS] TO THE [MANUFACTURER OR] DEALER
20 FROM WHOM OBTAINED.
21 (B) [ATV'S] SNOWMOBILE OR ATV SOLD TO NONRESIDENTS.--THE
22 DEPARTMENT MAY CANCEL [CERTIFICATES] A CERTIFICATE OF TITLE FOR
23 [ATV'S] A SNOWMOBILE OR ATV SOLD TO [RESIDENTS] A RESIDENT OF
24 [OTHER STATES] ANOTHER STATE OR FOREIGN [COUNTRIES] COUNTRY
25 [WHEN] IF THE SNOWMOBILE OR ATV IS TO BE REGISTERED IN THE OTHER
26 JURISDICTION.
27 (C) SURRENDER OF PENNSYLVANIA CERTIFICATE IN OTHER
28 JURISDICTION.--THE DEPARTMENT, UPON RECEIPT OF NOTIFICATION FROM
29 ANOTHER STATE OR FOREIGN COUNTRY THAT A CERTIFICATE OF TITLE
30 ISSUED BY THE DEPARTMENT HAS BEEN SURRENDERED BY THE OWNER IN
20010H0154B0708 - 48 -
1 CONFORMITY WITH THE LAWS OF THE OTHER STATE OR FOREIGN COUNTRY,
2 MAY CANCEL THE CERTIFICATE OF TITLE.
3 (D) SURRENDER OF FOREIGN CERTIFICATE TO DEPARTMENT.--[WHEN]
4 IF AN OWNER SURRENDERS A CERTIFICATE OF TITLE FROM ANOTHER STATE
5 OR FOREIGN COUNTRY TO THE DEPARTMENT, THE DEPARTMENT MAY NOTIFY
6 THE STATE OR FOREIGN COUNTRY [IN ORDER] SO THAT THE CERTIFICATE
7 OF TITLE MAY BE CANCELED OR OTHERWISE DISPOSED OF IN ACCORDANCE
8 WITH THE LAW OF THE OTHER JURISDICTION.
9 (E) CONVICTION FOR MISSTATEMENT OF FACTS.--THE DEPARTMENT,
10 UPON RECEIPT OF CERTIFICATION FROM THE CLERK OF [ANY] A COURT
11 SHOWING CONVICTION FOR A MISSTATEMENT OF FACTS ON [ANY] AN
12 APPLICATION FOR AN ORIGINAL OR DUPLICATE CERTIFICATE OF TITLE OR
13 [ANY] A TRANSFER OF A CERTIFICATE OF TITLE, SHALL SUSPEND THE
14 CERTIFICATE OF TITLE AND REQUIRE THAT [THE CERTIFICATE] IT BE
15 RETURNED [IMMEDIATELY] TO THE DEPARTMENT WITHIN TEN DAYS OF
16 NOTICE BY THE DEPARTMENT, WHEREUPON THE DEPARTMENT MAY CANCEL
17 [THE CERTIFICATE] IT.
18 (F) NONPAYMENT OF FEE.--THE DEPARTMENT MAY SUSPEND OR CANCEL
19 A CERTIFICATE OF TITLE WHEN A CHECK RECEIVED IN PAYMENT OF THE
20 FEE IS NOT PAID ON DEMAND OR WHEN THE FEE FOR THE CERTIFICATE IS
21 UNPAID AND OWING.
22 (G) SECURITY INTEREST UNAFFECTED BY SUSPENSION OR
23 CANCELLATION.--SUSPENSION OR CANCELLATION OF A CERTIFICATE OF
24 TITLE DOES NOT, IN ITSELF, AFFECT THE VALIDITY OF A SECURITY
25 INTEREST NOTED ON THE CERTIFICATE.
26 (H) SURRENDER OF CERTIFICATE.--THE DEPARTMENT MAY REQUEST
27 THE RETURN OF [CERTIFICATES] A CERTIFICATE OF TITLE WHICH [HAVE]
28 HAS BEEN SUSPENDED OR CANCELED. THE OWNER OR PERSON IN
29 POSSESSION OF THE [CERTIFICATION] CERTIFICATE OF TITLE SHALL
30 [IMMEDIATELY], WITHIN TEN DAYS OF THE DATE OF REQUEST BY THE
20010H0154B0708 - 49 -
1 DEPARTMENT, MAIL OR DELIVER THE CERTIFICATE TO THE DEPARTMENT.
2 § 7712.7. APPLICATION FOR CERTIFICATE OF TITLE BY AGENT.
3 (A) AUTHORIZATION TO [MAKE APPLICATION] APPLY.--NO PERSON
4 [SHALL MAKE APPLICATION] MAY APPLY FOR A CERTIFICATE OF TITLE
5 [WHEN ACTING FOR] ON BEHALF OF ANOTHER PERSON UNLESS
6 AUTHORIZATION TO [MAKE THE APPLICATION] DO SO IS IN EFFECT AND
7 IS VERIFIED BY OATH OR AFFIRMATION OF THE OTHER PERSON, MADE,
8 [EXCEPTING] EXCEPT AS BETWEEN LESSORS AND FLEET OWNERS AS
9 LESSEES, NOT MORE THAN 15 DAYS BEFORE THE APPLICATION IS
10 RECEIVED BY THE DEPARTMENT. [LESSORS] A LESSOR MAY AUTHORIZE A
11 FLEET [OWNERS] OWNER TO [MAKE APPLICATION] APPLY FOR A
12 [CERTIFICATES] CERTIFICATE OF TITLE FOR A LEASED [ATV'S]
13 SNOWMOBILE OR ATV FOR [PERIODS] A PERIOD OF UP TO ONE YEAR.
14 (B) CERTIFICATE NOT TO BE ASSIGNED IN BLANK.--NO PERSON
15 [SHALL MAKE APPLICATION] MAY APPLY FOR, OR ASSIGN OR PHYSICALLY
16 POSSESS, A CERTIFICATE OF TITLE, OR DIRECT OR ALLOW ANOTHER
17 PERSON IN HIS EMPLOY OR CONTROL TO [MAKE APPLICATION] APPLY FOR,
18 OR ASSIGN OR PHYSICALLY POSSESS, A CERTIFICATE OF TITLE, UNLESS
19 THE NAME OF THE TRANSFEREE IS PLACED ON THE ASSIGNMENT OF
20 CERTIFICATE OF TITLE SIMULTANEOUSLY WITH THE NAME OF THE
21 TRANSFEROR AND DULY NOTARIZED.
22 (C) PERSONS AUTHORIZED TO HOLD CERTIFICATE.--NO PERSON
23 [SHALL] MAY RECEIVE, OBTAIN OR HOLD A CERTIFICATE OF TITLE
24 RECORDED IN THE NAME OF ANOTHER PERSON FOR THE OTHER PERSON WHO
25 IS NOT IN THE REGULAR EMPLOY OF, OR NOT A MEMBER OF THE FAMILY
26 OF, THE OTHER PERSON, UNLESS THE PERSON RECEIVING, OBTAINING OR
27 HOLDING THE CERTIFICATE OF TITLE HAS A VALID UNDISCHARGED [LIEN]
28 SECURITY INTEREST RECORDED IN THE DEPARTMENT AGAINST THE
29 SNOWMOBILE OR ATV REPRESENTED BY THE CERTIFICATE OF TITLE.
30 (D) PENALTY.--[ANY] A PERSON [VIOLATING ANY OF THE
20010H0154B0708 - 50 -
1 PROVISIONS OF] WHO VIOLATES THIS SECTION [IS GUILTY OF] COMMITS
2 A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO
3 PAY A FINE OF $100 AND COSTS OF PROSECUTION.
4 SECTION 8. SECTIONS 7713, 7714 AND 7715 OF TITLE 75 ARE
5 REPEALED.
6 SECTION 9. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:
7 § 7715.1. SNOWMOBILE OR ATV PURCHASED FROM DEALER.
8 (A) GENERAL RULE.--IF A SNOWMOBILE OR ATV IS PURCHASED FROM
9 A DEALER, THE DEALER SHALL MAIL OR DELIVER TO THE DEPARTMENT AN
10 APPLICATION FOR A REGISTRATION CERTIFICATE OR LIMITED
11 REGISTRATION CERTIFICATE, A APPLICATION FOR CERTIFICATE OF
12 TITLE, ANY OTHER REQUIRED FORMS, AND THE REQUIRED FEES WITHIN 15
13 DAYS OF THE DATE OF THE DATE OF PURCHASE.
14 (B) PENALTY.--A DEALER WHO VIOLATES SUBSECTION (A) COMMITS A
15 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
16 A FINE OF $300 AND COSTS OF PROSECUTION, OR TO BE IMPRISONED FOR
17 NOT MORE THAN 90 DAYS, OR BOTH. IN ADDITION, IF A DEALER
18 VIOLATES SUBSECTION (A), THE DEPARTMENT MAY SUSPEND OR REVOKE
19 THE REGISTRATION ISSUED UNDER SECTION 7711 (RELATING TO
20 REGISTRATION OF DEALERS).
21 § 7715.2. FEES.
22 (A) FEES.--EXCEPT AS PROVIDED IN SUBSECTION (B), THE
23 DEPARTMENT SHALL COLLECT THE FOLLOWING FEES:
24 (1) CERTIFICATE OF TITLE, $22.50.
25 (2) EXPIRATION STICKER, $20.
26 (3) DEALER REGISTRATION, $25.
27 (4) REPLACEMENT, DUE TO LOSS OR DAMAGE, OF REGISTRATION
28 CERTIFICATE, LIMITED REGISTRATION CERTIFICATE, REGISTRATION
29 DECAL, REGISTRATION PLATE OR EXPIRATION STICKER, $5.
30 (5) TRANSFER OF REGISTRATION PURSUANT TO SECTION 7711.1
20010H0154B0708 - 51 -
1 (RELATING TO REGISTRATION OF SNOWMOBILE OR ATV), $5.
2 (6) RECORDING THE NAME OF A SECURED PARTY ON A
3 CERTIFICATE OF TITLE, $5.
4 (B) EXEMPTIONS FROM FEES.--SUBSECTION (A) DOES NOT APPLY TO
5 A SNOWMOBILE OR ATV OWNED BY:
6 (1) THE COMMONWEALTH.
7 (2) A POLITICAL SUBDIVISION OF THIS COMMONWEALTH.
8 (3) A VOLUNTEER ORGANIZATION AND USED EXCLUSIVELY FOR
9 EMERGENCY PURPOSES.
10 SECTION 10. SECTIONS 7716, 7717, 7724 AND 7725(H) ARE
11 AMENDED TO READ:
12 § 7716. [CENTRAL REGISTRATION FILE] RECORDS.
13 THE DEPARTMENT SHALL MAINTAIN A [CENTRAL FILE] RECORD, WHICH
14 SHALL BE MADE AVAILABLE TO ALL ENFORCEMENT AGENCIES, OF [THE
15 CERTIFICATE OF REGISTRATION]:
16 (1) THE REGISTRATION NUMBER[,] FOR EACH SNOWMOBILE AND
17 ATV FOR WHICH A REGISTRATION CERTIFICATE OR LIMITED
18 REGISTRATION CERTIFICATE IS ISSUED.
19 (2) THE NAME AND ADDRESS OF THE OWNER OF EACH SNOWMOBILE
20 AND ATV FOR WHICH A REGISTRATION CERTIFICATE OR LIMITED
21 REGISTRATION CERTIFICATE [OF REGISTRATION] IS ISSUED [AND
22 SUCH INFORMATION SHALL BE MADE AVAILABLE TO ALL ENFORCEMENT
23 AGENCIES].
24 § 7717. SNOWMOBILE [TRAIL] AND ATV ADVISORY COMMITTEE.
25 (A) ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED UNDER THE
26 JURISDICTION OF THE DEPARTMENT A BOARD KNOWN AS THE SNOWMOBILE
27 [TRAIL] AND ATV ADVISORY COMMITTEE.
28 (B) COMPOSITION.--[THE SNOWMOBILE TRAIL ADVISORY COMMITTEE
29 SHALL BE APPOINTED WITHIN THREE MONTHS OF THE EFFECTIVE DATE OF
30 THIS SECTION AND BIANNUALLY THEREAFTER. THE MEMBERSHIP SHALL BE
20010H0154B0708 - 52 -
1 COMPOSED OF THREE MEMBERS FROM THE PENNSYLVANIA STATE SNOWMOBILE
2 ASSOCIATION, ONE OF WHOM SHALL HAVE EXPERIENCE IN TRAIL CREATION
3 ON PUBLIC LAND, ONE OF WHOM SHALL HAVE EXPERIENCE IN TRAIL
4 CREATION ON PRIVATE LAND AND ONE OF WHOM SHALL BE A MEMBER AT
5 LARGE. IN ADDITION, ONE MEMBER SHALL BE APPOINTED FROM EACH OF
6 THE FOLLOWING ORGANIZATIONS: PENNSYLVANIA TRAVEL COUNCIL,
7 PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP SUPERVISORS,
8 PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP COMMISSIONERS,
9 PENNSYLVANIA STATE ASSOCIATION OF BOROUGHS, PENNSYLVANIA STATE
10 ASSOCIATION OF COUNTY COMMISSIONERS, PENNSYLVANIA ASSOCIATION OF
11 REALTORS, PENNSYLVANIA LANDOWNERS ASSOCIATION, PENNSYLVANIA
12 VACATION LAND DEVELOPERS ASSOCIATION, PENNSYLVANIA CHAPTER OF
13 RAILS TO TRAILS CONSERVANCY, DEPARTMENT OF COMMERCE AND
14 DEPARTMENT OF COMMUNITY AFFAIRS. THE NAME OF THE REPRESENTATIVES
15 SHALL BE SUBMITTED TO THE SECRETARY WITHIN TEN DAYS OF THE
16 RECEIPT OF THE REQUEST FOR THEM.] THE COMMITTEE SHALL CONSIST OF
17 17 MEMBERS. THE MEMBERS SHALL BE AS FOLLOWS:
18 (1) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
19 ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE OF THE SENATE.
20 (2) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
21 ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE OF THE HOUSE OF
22 REPRESENTATIVES.
23 (3) ONE MEMBER FROM THE PENNSYLVANIA GAME COMMISSION.
24 (4) ONE MEMBER FROM THE ALLEGHENY NATIONAL FOREST.
25 (5) ONE MEMBER FROM THE PENNSYLVANIA STATE ASSOCIATION
26 OF TOWNSHIP SUPERVISORS.
27 (6) ONE MEMBER FROM THE PENNSYLVANIA STATE ASSOCIATION
28 OF BOROUGHS.
29 (7) ONE MEMBER FROM THE PENNSYLVANIA STATE ASSOCIATION
30 OF COUNTY COMMISSIONERS.
20010H0154B0708 - 53 -
1 (8) EIGHT MEMBERS OF THE PUBLIC REPRESENTING THE
2 FOLLOWING ORGANIZATIONS, TO BE APPOINTED BY THE SECRETARY OF
3 CONSERVATION AND NATURAL RESOURCES.
4 (I) TWO MEMBERS FROM A LIST OF AT LEAST SIX
5 REPRESENTATIVES SUBMITTED BY THE PENNSYLVANIA STATE
6 SNOWMOBILE ASSOCIATION.
7 (II) TWO MEMBERS FROM A LIST OF AT LEAST SIX
8 REPRESENTATIVES SUBMITTED BY THE PENNSYLVANIA OFF-HIGHWAY
9 VEHICLE ASSOCIATION.
10 (III) ONE MEMBER FROM A LIST OF AT LEAST THREE
11 REPRESENTATIVES SUBMITTED BY THE PENNSYLVANIA FARM
12 BUREAU.
13 (IV) TWO MEMBERS FROM A LIST OF AT LEAST SIX
14 REPRESENTATIVES SUBMITTED BY CONSERVATION OR NONMOTORIZED
15 RECREATION ORGANIZATIONS.
16 (V) ONE MEMBER FROM A LIST OF AT LEAST THREE
17 REPRESENTATIVES SUBMITTED BY THE PENNSYLVANIA TRAVEL
18 COUNCIL.
19 EACH MEMBER MAY DESIGNATE AN ALTERNATE TO SERVE IN HIS STEAD. A
20 MEMBER SHALL NOTIFY THE CHAIRMAN IN WRITING OF THIS DESTINATION.
21 (C) [RESPONSIBILITIES.--THE COMMITTEE SHALL REVIEW EXISTING
22 AND PROPOSED REGULATIONS, STANDARDS AND PROCEDURES FOR ALL TRAIL
23 ACQUISITION, CONSTRUCTION, DEVELOPMENT AND MAINTENANCE. THE
24 COMMITTEE MAY ALSO MAKE RECOMMENDATIONS ON TRAIL SITES, TRAIL
25 SITE ACQUISITION AND THE ALLOCATION OF FEES COLLECTED PURSUANT
26 TO THIS CHAPTER REGARDING ACQUISITION, CONSTRUCTION AND
27 MAINTENANCE OF TRAILS FOR SNOWMOBILE USE.] TERMS OF
28 APPOINTEES.--THE TERMS OF ALL MEMBERS OF THE COMMITTEE APPOINTED
29 BY THE SECRETARY OF CONSERVATION AND NATURAL RESOURCES SHALL BE
30 THREE YEARS. ANY MEMBER OF THE COMMITTEE MAY BE REAPPOINTED FOR
20010H0154B0708 - 54 -
1 ADDITIONAL TERMS. A PERSON APPOINTED TO FILL A VACANCY SHALL
2 SERVE FOR THE UNEXPIRED TERM AND IS ELIGIBLE FOR REAPPOINTMENT.
3 (D) [ADVISORY COMMITTEE ACTIONS.--THE RECOMMENDATIONS OF THE
4 ADVISORY COMMITTEE SHALL BE SUBMITTED TO THE SECRETARY WHO SHALL
5 GIVE DUE CONSIDERATION TO THEM.] OFFICERS.--THE MEMBERS OF THE
6 COMMITTEE SHALL ANNUALLY ELECT A CHAIRMAN, A VICE CHAIRMAN AND A
7 SECRETARY FROM AMONG THE PUBLIC MEMBERS OF THE COMMITTEE.
8 (E) MEETINGS AND EXPENSES.--
9 (1) THE COMMITTEE SHALL MEET AT LEAST ANNUALLY.
10 (2) A PUBLIC MEMBER, INCLUDING A DESIGNEE, WHO MISSES
11 THREE CONSECUTIVE MEETINGS WITHOUT GOOD CAUSE ACCEPTABLE TO
12 THE CHAIRMAN MAY BE REPLACED BY THE SECRETARY OF CONSERVATION
13 AND NATURAL RESOURCES.
14 (3) THE PUBLIC MEMBERS OF THE COMMITTEE SHALL BE ALLOWED
15 ACTUAL, NECESSARY AND REASONABLE PER DIEM EXPENSES IN
16 ACCORDANCE WITH REGULATIONS OF THE EXECUTIVE BOARD. THE
17 DEPARTMENT SHALL PROVIDE APPROPRIATE STAFF SUPPORT TO ENABLE
18 THE COMMITTEE TO PROPERLY CARRY OUT ITS FUNCTIONS.
19 (F) POWERS AND DUTIES.--THE POWERS AND DUTIES OF THE
20 COMMITTEE SHALL BE TO ADVISE THE SECRETARY OF CONSERVATION AND
21 NATURAL RESOURCES ON MATTERS CONCERNING THE IMPLEMENTATION OF
22 THIS CHAPTER, INCLUDING EXISTING AND PROPOSED REGULATIONS,
23 STANDARDS, POLICIES AND PRACTICES; USE AND OPERATION OF
24 SNOWMOBILES AND ATV'S ON PUBLIC AND PRIVATE LAND; ACQUISITION,
25 CONSTRUCTION, DEVELOPMENT AND MAINTENANCE OF TRAILS;
26 ENFORCEMENT; AND ALLOCATION OF FEES COLLECTED BY THE DEPARTMENT
27 PURSUANT TO THIS CHAPTER.
28 § 7724. OPERATION ON PRIVATE OR STATE PROPERTY.
29 (A) PRIVATE REAL PROPERTY.--
30 (1) NO PERSON SHALL OPERATE A SNOWMOBILE OR AN ATV ON
20010H0154B0708 - 55 -
1 [ANY] PRIVATE REAL PROPERTY WITHOUT THE EXPRESS CONSENT OF
2 THE OWNER [OR LESSOR] THEREOF. ANY PERSON OPERATING A
3 SNOWMOBILE OR AN ATV UPON LANDS OF ANOTHER SHALL STOP AND
4 IDENTIFY HIMSELF UPON THE REQUEST OF THE LANDOWNER OR HIS
5 DULY AUTHORIZED REPRESENTATIVES AND, IF REQUESTED TO DO SO BY
6 THE LANDOWNER, SHALL PROMPTLY REMOVE THE SNOWMOBILE OR ATV
7 FROM THE PREMISES.
8 (2) WHEN A PERSON OPERATES A SNOWMOBILE OR AN ATV IN A
9 MANNER AS TO VIOLATE SECTION 3717 (RELATING TO TRESPASS BY
10 MOTOR VEHICLE), THE APPLICABLE FINES, PENALTIES AND
11 SUSPENSIONS PROVIDED IN THIS TITLE FOR VIOLATION OF SECTION
12 3717 SHALL APPLY TO THIS SUBSECTION.
13 (B) STATE PROPERTY.--
14 (1) NO PERSON SHALL OPERATE A SNOWMOBILE OR AN ATV ON
15 STATE-OWNED PROPERTY EXCEPT ON CLEARLY MARKED AND PREVIOUSLY
16 DESIGNATED SNOWMOBILE OR ATV ROUTES OR AS EXPRESSLY PERMITTED
17 BY THE LANDOWNER.
18 (2) (I) THE DEPARTMENT MAY DESIGNATE ANY ROAD WITHIN A
19 STATE PARK OR STATE FOREST OVER WHICH THE DEPARTMENT HAS
20 JURISDICTION AS A SNOWMOBILE ROAD OR AN ATV ROAD, OR
21 BOTH, AND MAY, IN ITS DISCRETION, DETERMINE WHETHER THE
22 ROAD SHALL BE CLOSED TO VEHICULAR TRAFFIC OR WHETHER
23 SNOWMOBILES AND ATV'S MAY SHARE THE DESIGNATED ROAD WITH
24 VEHICULAR TRAFFIC. ADEQUATE NOTICES OF SUCH DESIGNATION
25 AND DETERMINATION SHALL BE SUFFICIENTLY AND PROMINENTLY
26 DISPLAYED.
27 (II) NO PERSON SHALL OPERATE A SNOWMOBILE OR ATV ON
28 STATE PARK OR STATE FOREST LAND EXCEPT AS FOLLOWS:
29 (A) A PERSON MAY OPERATE A SNOWMOBILE ON A ROAD,
30 TRAIL OR AREA THAT IS DESIGNATED AND MARKED BY THE
20010H0154B0708 - 56 -
1 DEPARTMENT AS OPEN FOR SNOWMOBILE USE OR ON WHICH THE
2 PERSON HAS BEEN GIVEN SPECIFIC, WRITTEN PERMISSION TO
3 OPERATE THE SNOWMOBILE.
4 (B) A PERSON MAY OPERATE A CLASS I ATV ON A
5 ROAD, TRAIL OR AREA THAT IS DESIGNATED AND MARKED BY
6 THE DEPARTMENT AS OPEN FOR ATV USE OR ON WHICH THE
7 PERSON HAS BEEN GIVEN SPECIFIC, WRITTEN PERMISSION TO
8 OPERATE THE ATV.
9 (C) A PERSON MAY OPERATE A CLASS II ATV ON A
10 ROAD, TRAIL OR AREA IF THE PERSON HAS BEEN GIVEN
11 SPECIFIC, WRITTEN PERMISSION BY THE DEPARTMENT TO
12 OPERATE A CLASS II ATV ON THE ROAD, TRAIL OR AREA.
13 § 7725. OPERATION BY PERSONS UNDER AGE SIXTEEN.
14 * * *
15 (H) SNOWMOBILE AND ATV SAFETY PROGRAM.--THE DEPARTMENT SHALL
16 IMPLEMENT A COMPREHENSIVE SNOWMOBILE AND ATV INFORMATION, SAFETY
17 EDUCATION AND TRAINING PROGRAM WHICH SHALL INCLUDE THE
18 PREPARATION AND DISSEMINATION OF INFORMATION AND SAFETY ADVICE
19 TO THE PUBLIC AND TRAINING OF OPERATORS. THE PROGRAM SHALL
20 PROVIDE FOR THE TRAINING OF YOUTHFUL OPERATORS AND FOR THE
21 ISSUANCE OF SNOWMOBILE OR ATV SAFETY CERTIFICATES TO THOSE WHO
22 SUCCESSFULLY COMPLETE THE TRAINING PROVIDED UNDER THE PROGRAM.
23 * * *
24 SECTION 11. SECTION 7726 OF TITLE 75 IS AMENDED BY ADDING A
25 SUBSECTION TO READ:
26 § 7726. OPERATION IN SAFE MANNER.
27 * * *
28 (D) UNSAFE CARRYING OF PASSENGERS.--NO PERSON SHALL OPERATE
29 AN ATV WITH A PASSENGER UNLESS THE ATV WAS DESIGNED BY THE
30 MANUFACTURER TO CARRY A PASSENGER. A PERSON WHO VIOLATES THIS
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1 SUBSECTION COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION,
2 BE SENTENCED TO PAY A FINE OF $100 AND COSTS OF PROSECUTION.
3 * * *
4 SECTION 12. SECTIONS 7730 AND 7752 OF TITLE 75 ARE AMENDED
5 TO READ:
6 § 7730. LIABILITY INSURANCE.
7 (A) REQUIREMENT.--[ANY] A SNOWMOBILE OR ATV FOR WHICH
8 REGISTRATION OR LIMITED REGISTRATION IS REQUIRED [TO BE
9 REGISTERED PURSUANT TO] UNDER THIS CHAPTER SHALL HAVE LIABILITY
10 INSURANCE COVERAGE FOR THE SNOWMOBILE OR ATV ISSUED BY AN
11 INSURANCE CARRIER AUTHORIZED TO DO BUSINESS IN THIS
12 COMMONWEALTH.
13 (B) PROOF OF INSURANCE.--PROOF OF INSURANCE AS REQUIRED BY
14 THIS SECTION SHALL BE PRODUCED AND DISPLAYED BY THE OWNER OR
15 OPERATOR OF SUCH SNOWMOBILE OR ATV UPON THE REQUEST OF ANY
16 MAGISTRATE OR ANY PERSON HAVING AUTHORITY TO ENFORCE THE
17 PROVISIONS OF THIS CHAPTER OR TO ANY PERSON WHO HAS SUFFERED OR
18 CLAIMS TO HAVE SUFFERED EITHER PERSONAL INJURY OR PROPERTY
19 DAMAGE AS A RESULT OF THE OPERATION OF SUCH SNOWMOBILE OR ATV.
20 IT SHALL BE AN AFFIRMATIVE DEFENSE TO ANY PROSECUTION FOR A
21 VIOLATION OF THIS SECTION THAT SUCH PROOF WAS SO PRODUCED WITHIN
22 24 HOURS OF RECEIVING NOTICE OF SUCH VIOLATION, INJURY OR DAMAGE
23 OR THE CLAIM OF SUCH INJURY OR DAMAGE.
24 (C) OWNER'S RESPONSIBILITY.--NO OWNER OF A SNOWMOBILE OR ATV
25 SHALL OPERATE OR PERMIT THE SAME TO BE OPERATED WITHOUT HAVING
26 IN FULL FORCE AND EFFECT LIABILITY INSURANCE COVERAGE REQUIRED
27 BY THIS SECTION. THE OPERATOR OF A SNOWMOBILE OR ATV SHALL CARRY
28 PROOF OF INSURANCE ON [THEIR] HIS PERSON OR ON THE SNOWMOBILE OR
29 ATV WHEN IT IS IN OPERATION.
30 (D) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) OR (C)
20010H0154B0708 - 58 -
1 COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
2 SENTENCED TO PAY A FINE OF $300 AND COSTS OF PROSECUTION AND, IN
3 DEFAULT OF PAYMENT OF THE FINE OR COSTS, SHALL BE IMPRISONED FOR
4 NOT MORE THAN TEN DAYS.
5 § 7752. PENALTIES FOR VIOLATION OF CHAPTER.
6 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTIONS [(B)
7 AND (C),] (C) AND (D) AND UNLESS OTHERWISE PROVIDED IN THIS
8 CHAPTER, [ANY] A PERSON [VIOLATING ANY OF THE PROVISIONS OF] WHO
9 VIOLATES THIS CHAPTER [IS GUILTY OF] COMMITS A SUMMARY OFFENSE
10 AND SHALL, UPON CONVICTION:
11 (1) FOR A FIRST OFFENSE, BE SENTENCED TO PAY A FINE OF
12 NOT LESS THAN [$25] $50 [NOR] OR MORE THAN [$100] $200 AND
13 COSTS OF PROSECUTION AND, IN DEFAULT OF THE PAYMENT [THEREOF]
14 OF THE FINE OR COSTS, SHALL [UNDERGO IMPRISONMENT] BE
15 IMPRISONED FOR NOT MORE THAN TEN DAYS.
16 (2) FOR A [SECOND] SUBSEQUENT OFFENSE, BE SENTENCED TO
17 PAY A FINE OF NOT LESS THAN [$50] $100 [NOR] OR MORE THAN
18 [$200] $300 AND COSTS OF PROSECUTION AND, IN DEFAULT OF THE
19 PAYMENT [THEREOF] OF THE FINE OR COSTS, SHALL [UNDERGO
20 IMPRISONMENT] BE IMPRISONED FOR NOT MORE THAN 30 DAYS.
21 [(B) FAILURE TO OBTAIN LIABILITY INSURANCE.--ANY PERSON WHO
22 FAILS TO OBTAIN LIABILITY INSURANCE REQUIRED PURSUANT TO THIS
23 CHAPTER COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
24 SENTENCED TO PAY A FINE OF $300 WHICH SHALL BE RETURNED TO THE
25 RESTRICTED RECEIPTS ACCOUNT CREATED PURSUANT TO THIS CHAPTER.]
26 (C) UNAUTHORIZED DISPOSITION OF FORMS.--[ANY] A PERSON WHO
27 DISPOSES OF [ANY] A SUMMONS OR COMPLAINT ISSUED PURSUANT TO THIS
28 CHAPTER IN [ANY OTHER] A MANNER OTHER THAN THAT PRESCRIBED BY
29 LAW, RULE OR REGULATION [IS GUILTY OF] COMMITS A MISDEMEANOR OF
30 THE THIRD DEGREE.
20010H0154B0708 - 59 -
1 (D) REGISTRATION [AND DECALS].--
2 (1) [ANY] A PERSON [VIOLATING] WHO VIOLATES SECTION
3 [7713(A)] 7711.1 (RELATING TO [CERTIFICATES OF] REGISTRATION
4 [AND DECALS] OF SNOWMOBILE OR ATV) OR SECTION 7711.2
5 (RELATING TO LIMITED REGISTRATION OF SNOWMOBILE OR ATV) BY
6 FAILING TO OBTAIN [A] THE REQUIRED REGISTRATION CERTIFICATE
7 [OF] OR LIMITED REGISTRATION CERTIFICATE COMMITS A SUMMARY
8 OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A
9 FINE OF $300 OR TO BE IMPRISONED FOR 90 DAYS [IMPRISONMENT],
10 OR BOTH[.], AND COSTS OF PROSECUTION. PROCEEDINGS FOR A
11 SUMMARY OFFENSE UNDER THIS PARAGRAPH MUST BE COMMENCED WITHIN
12 60 DAYS AFTER COMMISSION OF THE ALLEGED OFFENSE OR WITHIN 60
13 DAYS AFTER DISCOVERY OF THE COMMISSION OF THE OFFENSE OR THE
14 IDENTITY OF THE OFFENDER, WHICHEVER IS LATER.
15 (2) [ANY] A PERSON [VIOLATING] WHO VIOLATES SECTION
16 [7713(A)] 7711.1 OR 7711.2 BY FAILING TO PROPERLY DISPLAY [A
17 REGISTRATION NUMBER OR THE VALIDATION DECAL] THE REQUIRED
18 REGISTRATION DECAL OR PLATE COMMITS A SUMMARY OFFENSE AND
19 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $50[.]
20 AND COSTS OF PROSECUTION.
21 (3) A PERSON WHO VIOLATES SECTION 7711.1 BY FAILING TO
22 PROPERLY DISPLAY THE REQUIRED EXPIRATION STICKER OR BY
23 FAILING TO CARRY THE REQUIRED REGISTRATION CERTIFICATE
24 COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
25 SENTENCED TO PAY A FINE OF $50 AND COSTS OF PROSECUTION.
26 SECTION 13. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
27 (1) THE AMENDMENT OR ADDITION OF 75 PA.C.S. §§ 102, 6129
28 AND 6313 SHALL TAKE EFFECT IN 60 DAYS.
29 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
30 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 120
20010H0154B0708 - 60 -
1 DAYS.
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