SENATE AMENDED PRIOR PRINTER'S NOS. 232, 708, 1670 PRINTER'S NO. 2194
No. 154 Session of 2001
INTRODUCED BY PHILLIPS, ROSS, FORCIER, SAYLOR, BARD, FAIRCHILD, GEIST, HESS, LEH, MAHER, MARKOSEK, MARSICO, McCALL, McGILL, PIPPY, STAIRS, WATSON AND FRANKEL, JANUARY 29, 2001
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JUNE 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- 20010H0154B2194 - 2 -
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 20010H0154B2194 - 3 -
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 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 4. Sections 7702, 7706 and 7711 of Title 75 are 26 amended to read: 27 § 7702. Definitions. 28 The following words and phrases when used in this chapter 29 shall have, unless the context clearly indicates otherwise, the 30 meanings given to them in this section: 20010H0154B2194 - 4 -
1 "All-terrain vehicle" or "ATV." 2 [(1)] A motorized off-highway vehicle[,] that WHICH <-- 3 travels on three or more inflatable tires and that WHICH has: <-- 4 (1) a maximum width of 50 inches [or less in width, 5 having] and a maximum dry weight of [600] 800 pounds [or 6 less, traveling on three or more low-pressure tires and 7 having a seat designed to be straddled by the operator is 8 designated as a Class I all-terrain vehicle.]; or 9 (2) [A motorized off-highway vehicle, 58 inches or less 10 in width, having a dry weight of 700 pounds or less, 11 traveling on four or more low-profile, low-pressure tires and 12 having a bench seat is designated as a Class II all-terrain 13 vehicle.] a width that WHICH exceeds 50 inches or a dry <-- 14 weight that WHICH exceeds 800 pounds. <-- 15 [(3)] ATV's described in paragraph (1) may be referred to 16 as Class I ATV's, and ATV's described in paragraph (2) may be 17 referred to as Class II ATV's. This term does not include 18 snowmobiles, trail bikes, motorboats, golf carts, aircraft, 19 dune buggies, automobiles, construction machines, trucks or 20 home utility machines; military, fire, emergency and law 21 enforcement vehicles; implements of husbandry; multipurpose 22 agricultural vehicles; vehicles used by the department; or 23 [off-road vehicles not generally used for outdoor recreation] 24 any vehicle that is, or is required to be, registered under 25 Chapter 13 (relating to registration of vehicles). In 26 addition, this term does not include off-road motor vehicles 27 used exclusively as utility vehicles for agricultural or 28 business operations and incidentally operated or moved upon 29 the highway. 30 ["Cowling." The forward portion of the snowmobile, usually 20010H0154B2194 - 5 -
1 of fiberglass or similar material, surrounding the motor and 2 clutch assembly.] 3 "Dealer." A person engaged in the business of selling 4 snowmobiles or all-terrain vehicles at wholesale or retail who 5 is registered or required to be registered under section 7711 6 (relating to registration of dealers). 7 "Department." The Department of [Environmental] Conservation 8 and Natural Resources of the Commonwealth. 9 "Head lamp." A major lighting device used to provide general 10 illumination ahead of a vehicle. 11 "Highway." The entire width between the boundary lines of 12 every way publicly maintained when any part thereof is open to 13 the use of the public for purposes of vehicular travel. 14 ["Low-pressure tire." A pneumatic tire, six inches or more 15 in width, designed for use on wheels with a rim diameter of 12 16 inches or less and utilizing an operating pressure of ten pounds 17 per square inch or less, as recommended by the vehicle 18 manufacturer.] 19 "Snowmobile." An engine-driven vehicle [of a type which 20 utilizes sled type runners, or skis, or an endless belt tread or 21 any combination of these or other similar means of contact with 22 the surface upon which it is operated] designed to travel over <-- 23 snow or ice that has an endless belt track or tracks, steered by 24 a ski or skis and has an overall width of 48 inches or less. 25 The.] WHICH IS ALL OF THE FOLLOWING: <-- 26 (1) IS DESIGNED TO TRAVEL OVER SNOW OR ICE. 27 (2) HAS AN ENDLESS BELT TRACK OR TRACKS. 28 (3) IS STEERED BY A SKI OR SKIS. 29 (4) HAS AN OVERALL WIDTH OF 48 INCHES OR LESS. 30 THE term does not include [any] A farm tractor, [highway or <-- 20010H0154B2194 - 6 -
1 other] construction equipment, [or any] military [or law 2 enforcement] vehicle, vehicle with inflatable tires or machinery 3 used 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 20010H0154B2194 - 7 -
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.] 20010H0154B2194 - 8 -
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. COPIES OF THE AUDIT SHALL BE <-- 19 PROVIDED TO THE SNOWMOBILE AND ATV ADVISORY COMMITTEE. 20 § 7711. Registration of dealers. 21 [Any person who is in the business of selling snowmobiles or 22 ATV's shall register as a dealer. The department, upon receipt 23 of application and the required fee, shall assign a 24 distinguishing dealer registration number to the registrant and 25 issue appropriate registration certificate to him. Dealer 26 registrations are not transferable.] 27 (a) General rule.--A person who is in the business of 28 selling snowmobiles or ATV's in this Commonwealth shall register 29 with the department as a dealer. A person who is in the business 30 of selling snowmobiles or ATV's outside this Commonwealth may 20010H0154B2194 - 9 -
1 register with the department as a dealer. 2 (b) Issuance.--Upon receipt of an application upon a form 3 prescribed and furnished by the department which shall contain 4 information reasonable REASONABLY required by the department and <-- 5 which shall be accompanied by the required fee, the department 6 shall issue to a dealer: 7 (1) A AN ANNUAL dealer registration certificate <-- 8 containing a dealer registration number and expiration date. 9 (2) Three ANNUAL dealer registration plates displaying <-- 10 the expiration date of the dealer registration. 11 (3) Three ANNUAL dealer plate registration cards <-- 12 displaying the expiration date of the dealer registration. 13 (c) Registration not transferable.--A dealer registration 14 certificate, dealer registration plate and dealer plate 15 registration card are not transferable. 16 (d) Expiration of registration.--A dealer registration 17 certificate, dealer registration plate and dealer plate 18 registration card expire effective the day after the expiration 19 date displayed on them. A dealer registration certificate, 20 dealer registration plate or dealer plate registration card that 21 has expired is not valid. 22 (e) Use of dealer registration plates.--A dealer may operate 23 or permit to be operated within this Commonwealth a snowmobile 24 or ATV owned by or in the possession of the dealer if: 25 (1) A valid dealer registration certificate issued to 26 the dealer under this section is displayed conspicuously in 27 the dealer's place of business. 28 (2) The operator caries a valid dealer registration card 29 issued to the dealer under this section. 30 (3) There is displayed on the snowmobile or ATV in a 20010H0154B2194 - 10 -
1 manner prescribed by the department a valid dealer 2 registration plate issued to the dealer under this section. 3 (4) The snowmobile or ATV is operated only for the 4 purpose of demonstration or testing in connection with the 5 dealer's business. 6 Section 5. Title 75 is amended by adding sections to read: 7 § 7711.1. Registration of snowmobile or ATV. 8 (a) General rule.--Except as otherwise provided in 9 subsection (f), it is unlawful for a person to operate, or for 10 an owner to permit another person to operate, a snowmobile or an 11 ATV unless: 12 (1) There is carried on the snowmobile or ATV a valid 13 registration certificate, issued therefor pursuant to 14 subsection (b). 15 (2) There is displayed on the snowmobile a registration 16 decal, or on the ATV a registration plate, issued therefor 17 pursuant to subsection (b). 18 (3) The display of the registration decal or plate is in 19 the manner prescribed by the department. 20 (4) There is displayed on the snowmobile or ATV a valid 21 expiration sticker issued therefor pursuant to subsection 22 (b). 23 (5) The display of the expiration sticker is in the 24 manner prescribed by the department. 25 (b) Issuance.--Upon receipt of an application therefor upon 26 a form prescribed and furnished by the department which shall 27 contain information reasonably required by the department and 28 which shall be accompanied by the required fee, the department 29 shall issue to the owner of a snowmobile or ATV: 30 (1) A BIENNIAL registration certificate containing the <-- 20010H0154B2194 - 11 -
1 registration number for the snowmobile or ATV and the 2 expiration date of the registration. 3 (2) A registration decal displaying the registration 4 number for a snowmobile or a registration plate displaying 5 the registration number for an ATV. 6 (3) An A BIENNIAL expiration sticker displaying the <-- 7 expiration date of the registration. 8 (c) Temporary registration.--Temporary registration for a 9 period not to exceed 45 days may be issued by a dealer as 10 prescribed by the department. Proof of temporary registration 11 shall be carried and displayed as prescribed by the department. 12 (d) Expiration of registration.-- 13 (1) Except as provided in paragraph (2), a registration 14 certificate and an expiration sticker shall expire effective 15 the day after the expiration date appearing on the 16 registration certificate and expiration sticker. 17 (2) Upon transfer of ownership of a snowmobile or ATV 18 during a registration period, the registration certificate 19 and expiration sticker shall expire. The transferor shall, 20 within 15 days from the date of transfer, return to the 21 department the registration certificate with the date of 22 transfer and the name and address of the new owner endorsed 23 on the back. If the transferor applies for registration of a 24 different snowmobile or ATV and pays the required transfer 25 fee, the transferor may be issued, in the name of the 26 transferor, a registration certificate and expiration sticker 27 for that snowmobile or ATV for the remainder of the 28 registration period without payment of a registration fee. 29 The registration decal or plate shall not be removed from a 30 snowmobile or ATV upon transfer to the new owner and is 20010H0154B2194 - 12 -
1 invalid until the new owner is issued a registration 2 certificate or limited registration certificate for the 3 snowmobile or ATV. 4 (3) An expired general registration certificate and an 5 expired expiration sticker are invalid. 6 (e) Suspension or revocation.--If a person violates this 7 chapter or is convicted of any offense under this chapter, the 8 department may suspend or revoke a registration certificate and 9 an expiration sticker. A suspended or revoked registration 10 certificate or expiration sticker is invalid. 11 (f) Exemptions from registration.--Subsection (a) does not 12 apply if: 13 (1) The snowmobile or ATV is owned by or in the 14 possession of a dealer who has been issued a dealer 15 registration certificate, dealer registration plates and 16 dealer plate registration cards under § 7711 (relating to 17 registration of dealers), the dealer is in compliance with § 18 7711 and the snowmobile or ATV is used in accordance with 19 §7711. 20 (2) The snowmobile or ATV is owned and used by the 21 United States or another state or a political subdivision 22 thereof, in which case the snowmobile or ATV shall display 23 the name of the owner in a manner prescribed by the 24 department. 25 (3) The snowmobile or ATV is operated on land owned or 26 leased by the owner or operator of the snowmobile or ATV and 27 it is not operated elsewhere within this Commonwealth. 28 (4) The owner of the snowmobile or ATV is not a resident 29 of this Commonwealth and the operator presents proof that the 30 snowmobile or ATV has been properly registered in another 20010H0154B2194 - 13 -
1 jurisdiction that exempts from its registration requirements 2 persons who have obtained proper registration under this 3 chapter. 4 § 7711.2. Limited registration of snowmobile or ATV. 5 (a) General rule.--It is unlawful for a person to operate, 6 or for an owner to permit another person to operate, a 7 snowmobile or ATV identified in section 7711.1(f)(3) (relating 8 to registration of snowmobile or ATV) unless: 9 (1) A limited registration certificate has been issued 10 therefor pursuant to subsection (b). 11 (2) There is displayed on the snowmobile a valid 12 registration decal or on the ATV a valid registration plate, 13 issued pursuant to subsection (b). 14 (3) The display of the registration decal or plate is in 15 the manner prescribed by the department. 16 (b) Issuance.--Upon receipt of an application therefor upon 17 a form prescribed and furnished by the department which shall 18 contain information reasonably required by the department, the 19 department shall issue to the owner of a snowmobile or ATV for 20 which limited registration is required under subsection (a): 21 (1) A limited registration certificate containing the 22 registration number for the snowmobile or ATV. 23 (2) A registration decal displaying the registration 24 number for a snowmobile or a registration plate displaying 25 the registration number for an ATV. 26 (c) Temporary limited registration.--Temporary limited 27 registration for a period not to exceed 45 days may be issued by 28 a dealer as prescribed by the department. Proof of temporary 29 limited registration shall be displayed as prescribed by the 30 department. 20010H0154B2194 - 14 -
1 (d) Transfer of ownership.--Upon transfer of ownership of a 2 snowmobile or ATV for which a limited registration certificate 3 has been issued, the limited registration certificate shall 4 become invalid. The transferor shall, within 15 days from the 5 date of transfer, return to the department the limited 6 registration certificate with the date of transfer and the name 7 and address of the new owner endorsed on the back. The 8 registration decal or plate shall not be removed from the 9 snowmobile or ATV upon transfer to the new owner and is invalid 10 until the new owner obtains a registration certificate or 11 limited registration certificate for the snowmobile or ATV. 12 (e) Suspension or revocation.--If a person violates this 13 chapter or is convicted of any offense under this chapter, the 14 department may suspend or revoke a limited registration 15 certificate. A suspended or revoked limited registration 16 certificate is invalid. 17 Section 6. Section 7712 of Title 75 is repealed. 18 Section 7. Sections 7712.1, 7712.2, 7712.3, 7712.4, 7712.5, 19 7712.6 and 7712.7 of Title 75 are amended to read: 20 § 7712.1. Certificate of title for [ATV's required] snowmobile 21 or ATV. 22 (a) General rule.--Except as otherwise provided in [this 23 section] subsection (b), [every] an owner of a [Class I or Class 24 II] snowmobile or ATV which is in this Commonwealth and for 25 which no certificate of title has been issued shall [make 26 application] apply to the department for a certificate of title 27 [to the ATV]. 28 (b) [Exception.--The provisions of this section which 29 require every owner of an ATV to make application for and 30 receive a certificate of title shall not apply to any person who 20010H0154B2194 - 15 -
1 has registered an ATV on or before the effective date of this 2 section unless that owner resells the registered ATV.] 3 Exemptions from titling.--No certificate of title is required 4 for: 5 (1) A snowmobile or ATV that was registered prior to the 6 effective date of this section. 7 (2) A snowmobile or ATV owned by the United States 8 unless a general registration certificate has been issued 9 therefor. 10 (3) A new snowmobile or ATV owned by a dealer before and 11 until sale. 12 (4) A snowmobile or ATV owned by a nonresident of this 13 Commonwealth and not required by law to be registered in this 14 Commonwealth. 15 (5) A snowmobile or ATV owned by a resident of this 16 Commonwealth and required by law to be registered in another 17 state, based and used principally outside of this 18 Commonwealth, and not required by law to be registered in 19 this Commonwealth. 20 (c) Contents of application.--Application for a certificate 21 of title shall be made upon a form prescribed and furnished by 22 the department and shall contain a full description of the 23 snowmobile or ATV, date of purchase, the [actual or bona fide] 24 name and address of the owner, a statement of the title of 25 applicant, together with any other information or documents the 26 department requires to identify the snowmobile or ATV and to 27 enable the department to determine whether the owner is entitled 28 to a certificate of title. 29 (d) Signing and filing of application.--Application for a 30 certificate of title shall be made within 15 days of the sale or 20010H0154B2194 - 16 -
1 transfer of [an] a snowmobile or ATV or its entry into this 2 Commonwealth from another jurisdiction, whichever is later. The 3 application shall be accompanied by the required fee [prescribed 4 in this subchapter,] and any tax payable by the applicant under 5 the laws of this Commonwealth in connection with the acquisition 6 or use of [an] a snowmobile or ATV or evidence to show that the 7 tax has been paid or collected. The application shall be signed 8 and verified by oath or affirmation by the applicant if a 9 natural person; in the case of an association or partnership, by 10 a member or a partner; and in the case of a corporation, by an 11 executive officer or [some] person specifically authorized by 12 the corporation to sign the application. 13 [(e) ATV's purchased from dealers or manufacturers.--If the 14 application refers to an ATV purchased from a dealer or 15 manufacturer, the dealer or manufacturer shall mail or deliver 16 to the department the certificate of title and any other 17 required forms within 15 days of the date of purchase. Any 18 dealer or manufacturer violating this subsection is guilty of a 19 summary offense and shall, upon conviction, be sentenced to pay 20 a fine of $50 for each violation. The requirement that the 21 dealer or manufacturer mail or deliver the application to the 22 department does not apply to ATV's purchased by governmental 23 agencies. 24 (f) ATV's not requiring certificate of title.--No 25 certificate of title is required for: 26 (1) An ATV owned by the United States unless it is 27 registered in this Commonwealth. 28 (2) A new ATV owned by a manufacturer or registered 29 dealer before and until sale. 30 (3) Any ATV which meets the requirements of subsection 20010H0154B2194 - 17 -
1 (b) prior to any resale.] 2 (g) Registration without certificate of title prohibited.-- 3 Except as provided in subsection (b), the department shall not 4 [register or renew the registration of an] issue a registration 5 certificate or limited registration certificate for a snowmobile 6 or ATV unless a certificate of title has been issued by the 7 department to the owner or an application for a certificate of 8 title has been delivered by the owner to the department. 9 (h) Refusing issuance of certificate of title.--The 10 department may refuse issuance of a certificate of title [when] 11 if it has reasonable grounds to believe any one of the 12 following: 13 (1) [That any] A required fee has not been paid. 14 (2) [That any] Any taxes payable under the laws of this 15 Commonwealth on or in connection with, or resulting from the 16 acquisition or use of, the snowmobile or ATV have not been 17 paid. 18 (3) [That the] The applicant is not the owner of the 19 snowmobile or ATV. 20 (4) [That the] The application contains a false or 21 fraudulent statement. 22 (5) [That the] The applicant has failed to furnish 23 required information or documents or any additional 24 information the department reasonably requires. 25 [(i) Suspension and cancellation of certificate of title.-- 26 (1) The department may cancel the certificate of title 27 issued for a new ATV when it is shown by satisfactory 28 evidence that the ATV has been returned within 45 days to the 29 manufacturer or dealer from whom obtained. 30 (2) The department, upon receipt of certification from 20010H0154B2194 - 18 -
1 the clerk of any court showing conviction for a misstatement 2 of facts on any application for a certificate of title or any 3 transfer of a certificate of title, shall suspend the 4 certificate of title and require that the certificate be 5 returned immediately to the department, whereupon the 6 department may cancel the certificate. 7 (3) The department may suspend a certificate of title 8 when a check received in payment of the fee is not paid on 9 demand or when the fee for the certificate is unpaid and 10 owing.] 11 (j) Transfer of ownership of snowmobile or ATV.-- 12 (1) [In the event of] Upon the sale or transfer of [the] 13 ownership of [an] a snowmobile or ATV within this 14 Commonwealth, the owner shall execute an assignment and 15 warranty of title to the transferee in the space provided on 16 the certificate of title or as the department prescribes, 17 sworn to before a notary public or other officer empowered to 18 administer oaths, and deliver the certificate to the 19 transferee at the time of the delivery of the snowmobile or 20 ATV. 21 (2) Except as otherwise provided in section [7712.2 22 (relating to transfer to or from [manufacturer or] dealer)] 23 7715.1 (relating to snowmobile or ATV purchased from dealer), 24 the transferee shall, within 15 days of the assignment [or 25 reassignment] of the certificate of title, apply for a new 26 title by [presenting] forwarding to the department the 27 certificate of title executed as required by paragraph (1), a 28 properly completed application for certificate of title, 29 sworn to before a notary public or other officer empowered to 30 administer oaths, and [accompanied by] such other forms as 20010H0154B2194 - 19 -
1 the department may require. 2 [(3) Any] (k) Penalty.--A person [violating] who 3 violates subsection (a) [shall be guilty of a] commits a 4 summary offense and shall, upon conviction, be sentenced: 5 (i) For a first offense, to pay a fine of $100 and 6 costs of prosecution. 7 (ii) For a subsequent offense, to pay a fine of not 8 less than $300 nor more than $1,000 and costs of 9 prosecution. 10 § 7712.2. Transfer to or from [manufacturer or] dealer. 11 (a) Transfer to [manufacturer or] dealer.--[When the 12 purchaser or transferee of an] If a dealer acquires a snowmobile 13 or ATV [is a manufacturer or registered dealer who holds the 14 ATV] for the purpose of resale, a certificate of title need not 15 be applied for as provided for in section 7712.1 (relating to 16 certificate of title for [ATV's required] snowmobile or ATV), 17 but the [transferee] dealer shall, within seven days from the 18 date of [assignment of the certificate of title to the 19 manufacturer or dealer] acquisition forward to the department, 20 upon a form prescribed and furnished by the department, 21 notification of the acquisition of the snowmobile or ATV. 22 [Notification as authorized in this section may not be used in 23 excess of three consecutive transactions after which time an 24 application shall be made for a certificate of title.] 25 (b) Execution and display of notice of transfer.--[The 26 manufacturer or] A dealer making notification [as to any ATV 27 acquired] pursuant to subsection (a) shall execute at least 28 three copies of the notification, the original of which shall be 29 forwarded to the department, one copy to accompany the 30 snowmobile or ATV [on] in any subsequent transfer and one copy 20010H0154B2194 - 20 -
1 to be retained by the [manufacturer or] dealer for at least one 2 year after a subsequent transfer, to be exhibited, with the 3 assigned certificate of title, upon request of [any] a police 4 officer or authorized department employee. 5 (c) Transfer from [manufacturer or] dealer.--Except as 6 otherwise provided in [this section when the transferee is 7 another manufacturer or dealer] subsection (a), if a dealer 8 transfers the dealer's interest in a snowmobile or ATV: 9 (1) The [manufacturer or] dealer[, upon transferring 10 their interest in the ATV,] shall execute an assignment and 11 warranty of title to the transferee in the space provided on 12 the certificate of title or as the department prescribes. 13 (2) The transferee shall complete the application for 14 certificate of title in the name of the transferee, sworn to 15 before a notary public or other officer empowered to 16 administer oaths. 17 (3) The [manufacturer or] dealer shall forward to the 18 department the certificate of title executed as required by 19 paragraph (1), a properly completed application for 20 certificate of title and [any] such other [required] forms as 21 the department may require [to the department] within 15 days 22 of the transfer. 23 (d) Exception for repossessed snowmobiles or ATV's.--This 24 section does not apply to [an] a snowmobile or ATV repossessed 25 upon default of performance of a lease, contract of conditional 26 sale or similar agreement. 27 (e) Penalty; suspension or revocation of dealer 28 registration.--[Any manufacturer or] A dealer [violating any of 29 the provisions of] who violates this section [is guilty of] 30 commits a summary offense and shall, upon conviction, be 20010H0154B2194 - 21 -
1 sentenced to pay a fine of $50 [for each violation]. If a dealer 2 violates this section, the department may suspend or revoke the 3 registration issued under section 7711 (relating to registration 4 of dealers). 5 § 7712.3. Transfer of snowmobile or ATV by operation of law. 6 (a) General rule.--If the interest of an owner in [an] a 7 snowmobile or ATV passes to another other than by voluntary 8 transfer, the transferee shall, except as otherwise provided, 9 promptly mail or deliver to the department the last certificate 10 of title, if available, and shall apply for a new certificate of 11 title on a form prescribed and furnished by the department. The 12 application shall be accompanied by such instruments or 13 documents of authority, or certified copies thereof, as may be 14 sufficient or required by law to evidence or effect a transfer 15 of title or interest in or to chattels in such case. 16 (b) Transfer to surviving spouse.--Transfer of a certificate 17 of title to a surviving spouse, or [any] a person designated by 18 the spouse, may be made without the necessity of filing for 19 letters of administration, notwithstanding the fact that there 20 are minor children surviving the decedent, [provided] if the 21 surviving spouse files an affidavit that all [the] debts of the 22 decedent have been paid. 23 (c) Surrender of certificate.--A person holding a 24 certificate of title, whose interest in [an] a snowmobile or ATV 25 has been extinguished or transferred other than by voluntary 26 transfer, shall immediately surrender the certificate of title 27 to the person to whom the right to possession of the snowmobile 28 or ATV has passed. Upon request of the department, such person 29 shall mail or deliver the certificate to the department. 30 Delivery of the certificate pursuant to the request of the 20010H0154B2194 - 22 -
1 department does not affect the rights of the person surrendering 2 the certificate. 3 § 7712.4. Correction of certificate of title. 4 (a) General rule.--When [any] a certificate of title has 5 been issued in error to a person not entitled to [the 6 certificate] it or contains incorrect information, or 7 information has been omitted from the certificate, the 8 department shall notify in writing the person to whom the 9 certificate has been issued or delivered, and such person shall 10 [immediately] return the certificate [of title] within 48 hours, 11 together with any other information necessary for the adjustment 12 of the department records, and[,] upon receipt of the 13 certificate, the department shall cancel the certificate and 14 issue a corrected certificate [of title]. 15 (b) Change in material information on certificate.--If any 16 material information on the certificate of title is changed or 17 different from the information originally set forth, the owner 18 shall immediately inform the department and apply for a 19 corrected certificate [of title]. For the purposes of this 20 subsection, a change of address [shall] is not [be] deemed 21 material. 22 (c) Seizure of certificate on conviction.--Upon summary 23 conviction for violation of [the provisions of] this section, 24 the department may delegate authority to [any] a department 25 employee or police officer to seize the certificate of title. 26 § 7712.5. Issuance of new certificate following transfer. 27 (a) Voluntary transfer.--The department, upon receipt of a 28 properly assigned certificate of title with an application for a 29 new certificate of title, the required fee and any other 30 required documents and articles, shall issue a new certificate 20010H0154B2194 - 23 -
1 of title in the name of the transferee as owner and mail it to 2 the first [lienholder] secured party named in the certificate 3 or, if none, to the owner. 4 (b) Involuntary transfer.--The department, upon receipt of 5 an application for a new certificate of title by a transferee 6 other than by voluntary transfer, on a form prescribed and 7 furnished by the department together with [proper] proof 8 satisfactory to the department of the transfer, the required fee 9 and any other required documents and articles, shall issue a new 10 certificate of title in the name of the transferee as owner. 11 (c) Filing and retention of surrendered certificate.--The 12 department shall file and retain for five years [every] a 13 surrendered certificate of title, or a copy, in such a manner as 14 to permit the tracing of title of the snowmobile or ATV. 15 § 7712.6. Suspension and cancellation of certificate of title. 16 (a) Return of new snowmobile or ATV.--The department may 17 cancel the certificate of title issued for a new snowmobile or 18 ATV [when] if it is shown by satisfactory evidence that the 19 snowmobile or ATV has been returned [within the time specified 20 in the department regulations] to the [manufacturer or] dealer 21 from whom obtained. 22 (b) [ATV's] Snowmobile or ATV sold to nonresidents.--The 23 department may cancel [certificates] a certificate of title for 24 [ATV's] a snowmobile or ATV sold to [residents] a resident of 25 [other states] another state or foreign [countries] country 26 [when] if the snowmobile or ATV is to be registered in the other 27 jurisdiction. 28 (c) Surrender of Pennsylvania certificate in other 29 jurisdiction.--The department, upon receipt of notification from 30 another state or foreign country that a certificate of title 20010H0154B2194 - 24 -
1 issued by the department has been surrendered by the owner in 2 conformity with the laws of the other state or foreign country, 3 may cancel the certificate of title. 4 (d) Surrender of foreign certificate to department.--[When] 5 If an owner surrenders a certificate of title from another state 6 or foreign country to the department, the department may notify 7 the state or foreign country [in order] so that the certificate 8 of title may be canceled or otherwise disposed of in accordance 9 with the law of the other jurisdiction. 10 (e) Conviction for misstatement of facts.--The department, 11 upon receipt of certification from the clerk of [any] a court 12 showing conviction for a misstatement of facts on [any] an 13 application for an original or duplicate certificate of title or 14 [any] a transfer of a certificate of title, shall suspend the 15 certificate of title and require that [the certificate] it be 16 returned [immediately] to the department within ten days of 17 notice by the department, whereupon the department may cancel 18 [the certificate] it. 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] a certificate of title which [have] 29 has been suspended or canceled. The owner or person in 30 possession of the [certification] certificate of title shall 20010H0154B2194 - 25 -
1 [immediately], within ten days of the date of request by the 2 department, mail or deliver the certificate to the department. 3 § 7712.7. Application for certificate of title by agent. 4 (a) Authorization to [make application] apply.--No person 5 [shall make application] may apply for a certificate of title 6 [when acting for] on behalf of another person unless 7 authorization to [make the application] do so is in effect and 8 is verified by oath or affirmation of the other person, made, 9 [excepting] except as between lessors and fleet owners as 10 lessees, not more than 15 days before the application is 11 received by the department. [Lessors] A lessor may authorize a 12 fleet [owners] owner to [make application] apply for a 13 [certificates] certificate of title for a leased [ATV's] 14 snowmobile or ATV for [periods] a period of up to one year. 15 (b) Certificate not to be assigned in blank.--No person 16 [shall make application] may apply for, or assign or physically 17 possess, a certificate of title, or direct or allow another 18 person in his employ or control to [make application] apply for, 19 or assign or physically possess, a certificate of title, unless 20 the name of the transferee is placed on the assignment of 21 certificate of title simultaneously with the name of the 22 transferor and duly notarized. 23 (c) Persons authorized to hold certificate.--No person 24 [shall] may receive, obtain or hold a certificate of title 25 recorded in the name of another person for the other person who 26 is not in the regular employ of, or not a member of the family 27 of, the other person, unless the person receiving, obtaining or 28 holding the certificate of title has a valid undischarged [lien] 29 security interest recorded in the department against the 30 snowmobile or ATV represented by the certificate of title. 20010H0154B2194 - 26 -
1 (d) Penalty.--[Any] A person [violating any of the 2 provisions of] who violates this section [is guilty of] commits 3 a summary offense and shall, upon conviction, be sentenced to 4 pay a fine of $100 and costs of prosecution. 5 SECTION 7.1. SECTIONS 7712.8, 7712.9, 7712.10, 7712.12 AND <-- 6 7712.13 OF TITLE 75, ADDED JUNE 8, 2001 (P.L. , NO.18), ARE 7 AMENDED TO READ: 8 § 7712.8. PERFECTION OF SECURITY INTEREST IN [AN] A SNOWMOBILE 9 OR ATV. 10 (A) APPLICABILITY OF SECTION.--EXCEPT AS OTHERWISE PROVIDED 11 IN 13 PA.C.S. §§ 9311(D) (RELATING TO PERFECTION OF SECURITY 12 INTERESTS IN PROPERTY SUBJECT TO CERTAIN STATUTES, REGULATIONS 13 AND TREATIES), 9315(C) AND (D) (RELATING TO SECURED PARTY'S 14 RIGHTS ON DISPOSITION OF COLLATERAL AND IN PROCEEDS) AND 9316(D) 15 AND (E) (RELATING TO CONTINUED PERFECTION OF SECURITY INTEREST 16 FOLLOWING CHANGE IN GOVERNING LAW), THIS SECTION PROVIDES THE 17 EXCLUSIVE METHOD OF PERFECTING A SECURITY INTEREST IN [AN] A 18 SNOWMOBILE OR ATV FOR WHICH A CERTIFICATE OF TITLE IS REQUIRED 19 UNDER THIS SUBCHAPTER. 20 (B) SNOWMOBILES OR ATV'S WITHOUT PENNSYLVANIA CERTIFICATE OF 21 TITLE.--IF AN OWNER CREATES A SECURITY INTEREST IN [AN] A 22 SNOWMOBILE OR ATV FOR WHICH A CERTIFICATE OF TITLE HAS NOT BEEN 23 ISSUED BY THE DEPARTMENT, THE OWNER SHALL, AT THE REQUEST OF THE 24 SECURED PARTY, PROMPTLY EXECUTE AN APPLICATION FOR A CERTIFICATE 25 OF TITLE ON A FORM PRESCRIBED BY THE DEPARTMENT, SHOWING THE 26 NAME AND ADDRESS OF THE SECURED PARTY. THE OWNER SHALL TENDER 27 THE APPLICATION, THE EXISTING CERTIFICATE OF TITLE, IF ANY, AND 28 THE REQUIRED FEE TO THE DEPARTMENT. A SECURITY INTEREST IN [AN] 29 A SNOWMOBILE OR ATV IS PERFECTED AT THE TIME THAT SUCH 30 APPLICATION, EXISTING CERTIFICATE OF TITLE, IF ANY, AND REQUIRED 20010H0154B2194 - 27 -
1 FEE ARE RECEIVED BY THE DEPARTMENT. 2 (C) SNOWMOBILES OR ATV'S WITH PENNSYLVANIA CERTIFICATE OF 3 TITLE.--IF AN OWNER CREATES A SECURITY INTEREST IN [AN] A 4 SNOWMOBILE OR ATV FOR WHICH A CERTIFICATE OF TITLE HAS BEEN 5 ISSUED BY THE DEPARTMENT, THE OWNER SHALL, AT THE REQUEST OF THE 6 SECURED PARTY, PROMPTLY EXECUTE AN APPLICATION ON A FORM 7 PRESCRIBED BY THE DEPARTMENT SHOWING THE NAME AND ADDRESS OF THE 8 SECURED PARTY. THE OWNER SHALL TENDER THE CERTIFICATE OF TITLE, 9 TOGETHER WITH THE APPLICATION AND THE REQUIRED FEE, TO THE 10 DEPARTMENT. A SECURITY INTEREST IN [AN] A SNOWMOBILE OR ATV IS 11 PERFECTED AT THE TIME SUCH APPLICATION, CERTIFICATE OF TITLE AND 12 REQUIRED FEE ARE RECEIVED BY THE DEPARTMENT. 13 (D) CERTIFICATE OF TITLE IN POSSESSION OF SECURED PARTY.-- 14 UPON REQUEST OF THE OWNER OR A SUBORDINATE SECURED PARTY, A 15 SECURED PARTY IN POSSESSION OF THE CERTIFICATE OF TITLE SHALL 16 MAIL OR DELIVER THE CERTIFICATE TO THE DEPARTMENT OR, UPON 17 RECEIPT FROM THE SUBORDINATE SECURED PARTY OF THE APPLICATION OF 18 THE OWNER AND THE REQUIRED FEE, SHALL MAIL OR DELIVER THEM TO 19 THE DEPARTMENT WITH THE CERTIFICATE OF TITLE. THE DELIVERY OF 20 THE CERTIFICATE TO THE DEPARTMENT DOES NOT AFFECT THE RIGHTS OF 21 THE FIRST SECURED PARTY UNDER HIS SECURITY AGREEMENT. 22 (E) INDORSEMENT AND DELIVERY OF CERTIFICATE OF TITLE.--UPON 23 RECEIPT OF THE APPLICATION, EXISTING CERTIFICATE OF TITLE, IF 24 ANY, AND REQUIRED FEE, THE DEPARTMENT SHALL INDORSE ON THE 25 EXISTING CERTIFICATE OF TITLE OR THE NEW CERTIFICATE THAT IT 26 ISSUES THE NAMES AND ADDRESSES OF ALL SECURED PARTIES AND SHALL 27 MAIL THE CERTIFICATE OF TITLE TO THE FIRST SECURED PARTY NAMED 28 IN THE CERTIFICATE. 29 § 7712.9. SATISFACTION OF SECURITY INTEREST. 30 (A) SATISFACTION OF SECURED OBLIGATION.--UNLESS OTHERWISE 20010H0154B2194 - 28 -
1 AGREED BY THE OWNER, WITHIN 15 DAYS OF THE SATISFACTION OF THE 2 OBLIGATION SECURED BY A SECURITY INTEREST IN [AN] A SNOWMOBILE 3 OR ATV, THE SECURED PARTY SHALL MAIL OR DELIVER THE CERTIFICATE 4 OF TITLE TO THE OWNER OR TO THE DEPARTMENT WITH A STATEMENT OF 5 SATISFACTION SIGNED BY THE SECURED PARTY. UPON RECEIPT OF THE 6 CERTIFICATE OF TITLE AND STATEMENT OF SATISFACTION, THE 7 DEPARTMENT SHALL ISSUE A CORRECTED CERTIFICATE OF TITLE WITHOUT 8 AN INDORSEMENT OF SUCH SECURED PARTY'S SECURITY INTEREST AND 9 MAIL THE SAME TO THE HOLDER OF THE FIRST REMAINING SECURITY 10 INTEREST, OR IF THERE IS NO REMAINING SECURITY INTEREST, THE 11 OWNER. 12 (B) SATISFACTION OF SUBORDINATE SECURED OBLIGATION.--IF THE 13 CERTIFICATE OF TITLE FOR [AN] A SNOWMOBILE OR ATV IS IN THE 14 POSSESSION OF A PRIOR SECURED PARTY, THE SUBORDINATE SECURED 15 PARTY WHOSE OBLIGATION IS SATISFIED SHALL MAIL OR DELIVER TO THE 16 OWNER A SIGNED STATEMENT OF SATISFACTION IN ACCORDANCE WITH 17 SUBSECTION (A). UPON REQUEST OF THE OWNER AND RECEIPT OF THE 18 STATEMENT OF SATISFACTION, THE SECURED PARTY IN POSSESSION OF 19 THE CERTIFICATE OF TITLE SHALL MAIL OR DELIVER THE CERTIFICATE 20 OF TITLE TOGETHER WITH THE STATEMENT OF SATISFACTION TO THE 21 DEPARTMENT. UPON RECEIPT OF THE CERTIFICATE OF TITLE AND 22 EVIDENCE OF SATISFACTION, THE DEPARTMENT SHALL ISSUE A CORRECTED 23 CERTIFICATE OF TITLE WITHOUT AN INDORSEMENT OF THE SATISFIED 24 SECURITY INTEREST AND MAIL THE SAME TO THE PRIOR SECURED PARTY. 25 (C) PENALTIES.--ANY PERSON VIOLATING THE PROVISIONS OF THIS 26 SECTION COMMITS OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, 27 BE SENTENCED TO PAY A FINE OF $50. 28 § 7712.10. RELEASE OF SECURITY INTEREST. 29 A SECURED PARTY THAT RELEASES A SECURITY INTEREST IN [AN] A 30 SNOWMOBILE OR ATV SHALL MAIL OR DELIVER THE CERTIFICATE OF TITLE 20010H0154B2194 - 29 -
1 TO THE OWNER WITH A STATEMENT OF RELEASE SIGNED BY THE SECURED
2 PARTY OR THE SECURED PARTY MAY APPLY TO THE DEPARTMENT FOR A
3 CORRECTED CERTIFICATE OF TITLE TO BE ISSUED IN THE NAME OF THE
4 OWNER. UPON RECEIPT OF THE CERTIFICATE OF TITLE AND STATEMENT OF
5 RELEASE, THE DEPARTMENT SHALL ISSUE A CORRECTED CERTIFICATE OF
6 TITLE WITHOUT AN INDORSEMENT OF SUCH SECURED PARTY AND MAIL THE
7 SAME TO THE HOLDER OF THE FIRST REMAINING SECURITY INTEREST, OR
8 IF THERE IS NO REMAINING SECURED PARTY, THE OWNER.
9 § 7712.12. ASSIGNMENT BY SECURED PARTY OF SECURITY INTEREST.
10 (A) GENERAL RULE.--A SECURED PARTY MAY ASSIGN, ABSOLUTELY OR
11 OTHERWISE, HIS SECURITY INTEREST IN [AN] A SNOWMOBILE OR ATV TO
12 A PERSON OTHER THAN THE OWNER WITHOUT AFFECTING THE INTEREST OF
13 THE OWNER OR THE VALIDITY OR PERFECTION OF THE SECURITY
14 INTEREST.
15 (B) DUTY OF ASSIGNEE.--AN ASSIGNEE WHO DESIRES TO BECOME THE
16 SECURED PARTY OF RECORD SHALL MAIL OR DELIVER TO THE DEPARTMENT
17 THE CERTIFICATE OF TITLE AND AN ASSIGNMENT BY THE SECURED PARTY
18 NAMED ON THE CERTIFICATE OF TITLE ON A FORM PRESCRIBED BY THE
19 DEPARTMENT ACCOMPANIED BY THE REQUIRED FEE. UPON RECEIPT OF THE
20 CERTIFICATE OF TITLE, ASSIGNMENT AND FEE, THE DEPARTMENT SHALL
21 ISSUE A CORRECTED CERTIFICATE OF TITLE NAMING THE ASSIGNEE AS
22 SECURED PARTY.
23 (C) DIVISION 9.--THE PROVISIONS OF THIS SECTION ARE SUBJECT
24 TO 13 PA.C.S. § 9308(E) (RELATING TO WHEN SECURITY INTEREST OR
25 AGRICULTURAL LIEN IS PERFECTED; CONTINUITY OF PERFECTION).
26 § 7712.13. EXEMPTIONS.
27 THE PROVISIONS OF THIS SUBCHAPTER RELATING TO PROCEDURES FOR
28 PERFECTING, ASSIGNING AND SATISFYING SECURITY INTERESTS DO NOT
29 APPLY TO:
30 (1) A LIEN GIVEN BY STATUTE OR RULE OF LAW TO A SUPPLIER
20010H0154B2194 - 30 -
1 OF SERVICES OR MATERIALS FOR THE SNOWMOBILE OR ATV; 2 (2) A LIEN GIVEN BY STATUTE TO THE UNITED STATES, THE 3 COMMONWEALTH OR ANY POLITICAL SUBDIVISION OF THE 4 COMMONWEALTH; 5 (3) A SECURITY INTEREST IN [AN] A SNOWMOBILE OR ATV 6 DESCRIBED IN 13 PA.C.S. § 9311(D) (RELATING TO PERFECTION OF 7 SECURITY INTERESTS IN PROPERTY SUBJECT TO CERTAIN STATUTES, 8 REGULATIONS AND TREATIES); OR 9 (4) [AN] A SNOWMOBILE OR ATV FOR WHICH A CERTIFICATE OF 10 TITLE IS NOT REQUIRED UNDER THIS SUBCHAPTER. 11 Section 8. Sections 7713, 7714 and 7715 of Title 75 are 12 repealed. 13 Section 9. Title 75 is amended by adding sections to read: 14 § 7715.1. Snowmobile or ATV purchased from dealer. 15 (a) General rule.--If a snowmobile or ATV is purchased from 16 a dealer, the dealer shall mail or deliver to the department an 17 application for a registration certificate or limited 18 registration certificate, a application for certificate of 19 title, any other required forms, and the required fees within 15 20 days of the date of the date of purchase. <-- 21 (b) Penalty.--A dealer who violates subsection (a) commits a 22 summary offense and shall, upon conviction, be sentenced to pay 23 a fine of $300 and costs of prosecution, or to be imprisoned for 24 not more than 90 days, or both. In addition, if a dealer 25 violates subsection (a), the department may suspend or revoke 26 the registration issued under section 7711 (relating to 27 registration of dealers). 28 § 7715.2. Fees. 29 (a) Fees.--Except as provided in subsection (b), the 30 department shall collect the following fees: 20010H0154B2194 - 31 -
1 (1) Certificate of title, $22.50. 2 (2) Expiration sticker, $20. 3 (3) Dealer registration, $25. 4 (4) Replacement, due to loss or damage, of registration 5 certificate, limited registration certificate, registration 6 decal, registration plate or expiration sticker, $5. 7 (5) Transfer of registration pursuant to section 7711.1 8 (relating to registration of snowmobile or ATV), $5. 9 (6) Recording the name of a secured party on a 10 certificate of title, $5. 11 (b) Exemptions from fees.--Subsection (a) does not apply to 12 a snowmobile or ATV owned by: 13 (1) The Commonwealth. 14 (2) A political subdivision of this Commonwealth. 15 (3) A volunteer organization and used exclusively for 16 emergency purposes. 17 Section 10. Sections 7716, 7717, 7724 and 7725(h) are 18 amended to read: 19 § 7716. [Central registration file] Records. 20 The department shall maintain a [central file] record, which 21 shall be made available to all enforcement agencies, of [the 22 certificate of registration]: 23 (1) The registration number[,] for each snowmobile and 24 ATV for which a registration certificate or limited 25 registration certificate is issued. 26 (2) The name and address of the owner of each snowmobile 27 and ATV for which a registration certificate or limited 28 registration certificate [of registration] is issued [and 29 such information shall be made available to all enforcement 30 agencies]. 20010H0154B2194 - 32 -
1 § 7717. Snowmobile [Trail] and ATV Advisory Committee. 2 (a) Establishment.--There is hereby established under the 3 jurisdiction of the department a board known as the Snowmobile 4 [Trail] and ATV 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.] The committee shall consist of 24 17 members. The members shall be as follows: 25 (1) The chairman and minority chairman of the 26 Environmental Resources and Energy Committee of the Senate. 27 (2) The chairman and minority chairman of the 28 Environmental Resources and Energy Committee of the House of 29 Representatives. 30 (3) One member from the Pennsylvania Game Commission. 20010H0154B2194 - 33 -
1 (4) One member from the Allegheny National Forest. 2 (5) One member from the Pennsylvania State Association 3 of Township Supervisors. 4 (6) One member from the Pennsylvania State Association 5 of Boroughs. 6 (7) One member from the Pennsylvania State Association 7 of County Commissioners. 8 (8) Eight members of the public representing the 9 following organizations, to be appointed by the Secretary of 10 Conservation and Natural Resources. 11 (i) Two members from a list of at least six 12 representatives submitted by the Pennsylvania State 13 Snowmobile Association. 14 (ii) Two members from a list of at least six 15 representatives submitted by the Pennsylvania Off-Highway 16 Vehicle Association. 17 (iii) One member from a list of at least three 18 representatives submitted by the Pennsylvania Farm 19 Bureau. 20 (iv) Two members from a list of at least six 21 representatives submitted by conservation or nonmotorized 22 recreation organizations. 23 (v) One member from a list of at least three 24 representatives submitted by the Pennsylvania Travel 25 Council. 26 Each member may designate an alternate to serve in his stead. A 27 member shall notify the chairman in writing of this destination <-- 28 DESIGNATION. <-- 29 (c) [Responsibilities.--The committee shall review existing 30 and proposed regulations, standards and procedures for all trail 20010H0154B2194 - 34 -
1 acquisition, construction, development and maintenance. The 2 committee may also make recommendations on trail sites, trail 3 site acquisition and the allocation of fees collected pursuant 4 to this chapter regarding acquisition, construction and 5 maintenance of trails for snowmobile use.] Terms of 6 appointees.--The terms of all members of the committee appointed 7 by the Secretary of Conservation and Natural Resources shall be 8 three years. Any member of the committee may be reappointed for 9 additional terms. A person appointed to fill a vacancy shall 10 serve for the unexpired term and is eligible for reappointment. 11 (d) [Advisory committee actions.--The recommendations of the 12 advisory committee shall be submitted to the secretary who shall 13 give due consideration to them.] Officers.--The members of the 14 committee shall annually elect a chairman, a vice chairman and a 15 secretary from among the public members of the committee. 16 (e) Meetings and expenses.-- 17 (1) The committee shall meet at least annually. 18 (2) A public member, including a designee, who misses 19 three consecutive meetings without good cause acceptable to 20 the chairman may be replaced by the Secretary of Conservation 21 and Natural Resources. 22 (3) The public members of the committee shall be allowed 23 actual, necessary and reasonable per diem expenses in 24 accordance with regulations of the Executive Board. The 25 department shall provide appropriate staff support to enable 26 the committee to properly carry out its functions. 27 (f) Powers and duties.--The powers and duties of the 28 committee shall be to advise the Secretary of Conservation and 29 Natural Resources on matters concerning the implementation of 30 this chapter, including existing and proposed regulations, 20010H0154B2194 - 35 -
1 standards, policies and practices; use and operation of 2 snowmobiles and ATV's on public and private land; acquisition, 3 construction, development and maintenance of trails; 4 enforcement; and allocation of fees collected by the department 5 pursuant to this chapter. 6 § 7724. Operation on private or State property. 7 (a) Private real property.-- 8 (1) No person shall operate a snowmobile or an ATV on 9 [any] private real property without the express consent of <-- 10 the owner [or lessor] thereof. Any person operating a 11 snowmobile or an ATV upon lands of another shall stop and 12 identify himself upon the request of the landowner or his 13 duly authorized representatives and, if requested to do so by 14 the landowner, shall promptly remove the snowmobile or ATV 15 from the premises. 16 (2) When a person operates a snowmobile or an ATV in a 17 manner as to violate section 3717 (relating to trespass by 18 motor vehicle), the applicable fines, penalties and 19 suspensions provided in this title for violation of section 20 3717 shall apply to this subsection. 21 (b) State property.-- 22 (1) No person shall operate a snowmobile or an ATV on 23 State-owned property except on clearly marked and previously 24 designated snowmobile or ATV routes or as expressly permitted 25 by the landowner COMMONWEALTH. <-- 26 (2) (i) The department may designate any road within a 27 State Park or State Forest over which the department has 28 jurisdiction as a snowmobile road or an ATV road, or 29 both, and may, in its discretion, determine whether the 30 road shall be closed to vehicular traffic or whether 20010H0154B2194 - 36 -
1 snowmobiles and ATV's may share the designated road with 2 vehicular traffic. Adequate notices of such designation 3 and determination shall be sufficiently and prominently 4 displayed. 5 (ii) No person shall operate a snowmobile or ATV on 6 State park or State forest land except as follows: 7 (A) A person may operate a snowmobile on a road, 8 trail or area that is designated and marked by the 9 department as open for snowmobile use or on which the 10 person has been given specific, written permission to 11 operate the snowmobile. 12 (B) A person may operate a Class I ATV on a 13 road, trail or area that is designated and marked by 14 the department as open for ATV use or on which the 15 person has been given specific, written permission to 16 operate the ATV. 17 (C) A person may operate a Class II ATV on a 18 road, trail or area if the person has been given 19 specific, written permission by the department to 20 operate a Class II ATV on the road, trail or area. 21 § 7725. Operation by persons under age sixteen. 22 * * * 23 (h) Snowmobile and ATV safety program.--The department shall 24 implement a comprehensive snowmobile and ATV information, safety 25 education and training program which shall include the 26 preparation and dissemination of information and safety advice 27 to the public and training of operators. The program shall 28 provide for the training of youthful operators and for the 29 issuance of snowmobile or ATV safety certificates to those who 30 successfully complete the training provided under the program. 20010H0154B2194 - 37 -
1 * * * 2 Section 11. Section 7726 of Title 75 is amended by adding a <-- 3 subsection to read: 4 § 7726. Operation in safe manner. 5 * * * 6 (d) Unsafe carrying of passengers.--No person shall operate 7 an ATV with a passenger unless the ATV was designed by the 8 manufacturer to carry a passenger. A person who violates this 9 subsection commits a summary offense and shall, upon conviction, 10 be sentenced to pay a fine of $100 and costs of prosecution. 11 * * * 12 Section 12 11. Sections 7730 and 7752 of Title 75 are <-- 13 amended to read: 14 § 7730. Liability insurance. 15 (a) Requirement.--[Any] A snowmobile or ATV for which 16 registration or limited registration is required [to be <-- 17 registered pursuant to] under this chapter shall have liability 18 insurance coverage for the snowmobile or ATV issued by an 19 insurance carrier authorized to do business in this 20 Commonwealth. THIS SUBSECTION DOES NOT APPLY TO LIMITED <-- 21 REGISTRATIONS. 22 (b) Proof of insurance.--Proof of insurance as required by 23 this section shall be produced and displayed by the owner or 24 operator of such snowmobile or ATV upon the request of any 25 magistrate or any person having authority to enforce the 26 provisions of this chapter or to any person who has suffered or 27 claims to have suffered either personal injury or property 28 damage as a result of the operation of such snowmobile or ATV. 29 It shall be an affirmative defense to any prosecution for a 30 violation of this section that such proof was so produced within 20010H0154B2194 - 38 -
1 [24] 72 hours of receiving notice of such violation, injury or <-- 2 damage or the claim of such injury or damage. 3 (c) Owner's responsibility.--No owner of a snowmobile or ATV 4 shall operate or permit the same to be operated without having 5 in full force and effect liability insurance coverage required 6 by this section. The operator of a snowmobile or ATV shall carry 7 proof of insurance on [their] his person or on the snowmobile or 8 ATV when it is in operation. 9 (d) Penalty.--A person who violates subsection (a) or (c) 10 commits a summary offense and shall, upon conviction, be 11 sentenced to pay a fine of $300 and costs of prosecution and, in 12 default of payment of the fine or costs, shall be imprisoned for 13 not more than ten days. 14 § 7752. Penalties for violation of chapter. 15 (a) General rule.--Except as provided in subsections [(b) 16 and (c),] (c) and (d) and unless otherwise provided in this 17 chapter, [any] a person [violating any of the provisions of] who 18 violates this chapter [is guilty of] commits a summary offense 19 and shall, upon conviction: 20 (1) For a first offense, be sentenced to pay a fine of 21 not less than [$25] $50 [nor] or more than [$100] $200 and 22 costs of prosecution and, in default of the payment [thereof] 23 of the fine or costs, shall [undergo imprisonment] be 24 imprisoned for not more than ten days. 25 (2) For a [second] subsequent offense, be sentenced to 26 pay a fine of not less than [$50] $100 [nor] or more than 27 [$200] $300 and costs of prosecution and, in default of the 28 payment [thereof] of the fine or costs, shall [undergo 29 imprisonment] be imprisoned for not more than 30 days. 30 [(b) Failure to obtain liability insurance.--Any person who 20010H0154B2194 - 39 -
1 fails to obtain liability insurance required pursuant to this 2 chapter commits a summary offense and shall, upon conviction, be 3 sentenced to pay a fine of $300 which shall be returned to the 4 restricted receipts account created pursuant to this chapter.] 5 (c) Unauthorized disposition of forms.--[Any] A person who 6 disposes of [any] a summons or complaint issued pursuant to this 7 chapter in [any other] a manner other than that prescribed by 8 law, rule or regulation [is guilty of] commits a misdemeanor of 9 the third degree. 10 (d) Registration [and decals].-- 11 (1) [Any] A person [violating] who violates section 12 [7713(a)] 7711.1 (relating to [certificates of] registration 13 [and decals] of snowmobile or ATV) or section 7711.2 14 (relating to limited registration of snowmobile or ATV) by 15 failing to obtain [a] the required registration certificate 16 [of] or limited registration certificate commits a summary 17 offense and shall, upon conviction, be sentenced to pay a 18 fine of $300 or to be imprisoned for 90 days [imprisonment], 19 or both[.], and costs of prosecution. Proceedings for a 20 summary offense under this paragraph must be commenced within 21 60 days after commission of the alleged offense or within 60 22 days after discovery of the commission of the offense or the 23 identity of the offender, whichever is later. 24 (2) [Any] A person [violating] who violates section 25 [7713(a)] 7711.1 or 7711.2 by failing to properly display [a 26 registration number or the validation decal] the required 27 registration decal or plate commits a summary offense and 28 shall, upon conviction, be sentenced to pay a fine of $50[.] 29 and costs of prosecution. 30 (3) A person who violates section 7711.1 by failing to 20010H0154B2194 - 40 -
1 properly display the required expiration sticker or by 2 failing to carry the required registration certificate 3 commits a summary offense and shall, upon conviction, be 4 sentenced to pay a fine of $50 and costs of prosecution. 5 SECTION 12. THE DEPARTMENT OF CONSERVATION AND NATURAL <-- 6 RESOURCES SHALL PROMULGATE REGULATIONS NECESSARY TO ENFORCE THE 7 AMENDMENT OF 75 PA.C.S. CH. 77. 8 Section 13. This act shall take effect as follows: 9 (1) The amendment or addition of 75 Pa.C.S. §§ 102, 6129 10 and 6313 7717 shall take effect in 60 days. <-- 11 (2) This section shall take effect immediately. <-- 12 (2) THE AMENDMENT OR ADDITION OF 75 PA.C.S. § 6313 §§ <-- 13 6313, 7702 AND 7724 SHALL TAKE EFFECT IMMEDIATELY. 14 (3) SECTION 12 AND THIS SECTION SHALL TAKE EFFECT 15 IMMEDIATELY. 16 (3) (4) The remainder of this act shall take effect in <-- 17 120 days. A25L75BIL/20010H0154B2194 - 41 -