PRIOR PRINTER'S NO. 507 PRINTER'S NO. 3793
No. 465 Session of 1989
INTRODUCED BY LESCOVITZ, LaGROTTA, PISTELLA, KOSINSKI,
COLAFELLA, SERAFINI, ROBBINS, COHEN, BUNT, SALOOM, B. SMITH,
GODSHALL, VEON, DALEY AND HOWLETT, FEBRUARY 14, 1989
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 20, 1990
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for licenses to operate motor-driven
3 cycles AND motorized pedalcycles and for the issuance of <--
4 personal registration plates for motorcycles; redefining the
5 term "motor-driven cycle"; and deleting provisions relating
6 to the operation of pedalcycles.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The definition of "motor-driven cycle" in section
10 102 of Title 75 of the Pennsylvania Consolidated Statutes is
11 amended 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 "Motor-driven cycle." A motorcycle, including a motor
1 scooter or a motorized pedalcycle, with a motor which produces
2 not to exceed five brake horsepower.
3 * * *
4 Section 2. The definition of "motorized pedalcycle" in
5 section 102 of Title 75 is repealed.
6 Section 3. Sections 1338(a), 1341, AND 1342(a) 1504(d) and <--
7 1575 of Title 75 are amended to read:
8 § 1338. Handicapped plate and placard.
9 (a) Handicapped plate.--On the application of any person
10 who:
11 (1) does not have full use of a leg or both legs, as
12 evidenced by the use of a wheelchair, walker, crutches, quad
13 cane or other such device;
14 (2) is blind;
15 (3) is physically limited by a cardiopulmonary
16 condition, such as severe emphysema or chronic bronchitis,
17 restricting substantially his movements;
18 (4) does not have full use of an arm or both arms; or
19 (5) is a parent or a person in loco parentis of a person
20 specified in paragraph (1), (2), (3) or (4);
21 the department shall issue a special registration plate for one
22 passenger car or other vehicle with a registered gross weight of
23 not more than 9,000 pounds, designating the vehicle so licensed
24 as being used by a handicapped person. Special plates for
25 handicapped persons may also be issued for vehicles operated
26 exclusively for the use and benefit of handicapped persons. In
27 the case of a motorcycle, the department shall issue a decal
28 containing the international symbol for handicapped access for
29 display on the registration plate.
30 * * *
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1 § 1341. Personal plate. <--
2 Upon request by the applicant, the department may issue
3 registration plates consisting of any combination of numbers,
4 letters or numbers and letters. These special plates may be
5 issued for special groups or for special purposes and bear an
6 appropriate designation. They shall have the same force and
7 effect as regular registration plates. Personal registration
8 plates shall be made available for the registration of
9 motorcycles. The department may refuse any combination of
10 letters and numbers for cause and shall adopt reasonable rules
11 and regulations for the issuance of the plates and for carrying
12 out the provisions of this section. The applicant shall comply
13 with all laws and regulations pertaining to registration
14 including the payment of any additional fees.
15 § 1342. Veteran plates and placard.
16 (a) Severely disabled veteran plate.--On the application of
17 a veteran whose service-connected disability is certified at
18 100% by the service unit of the armed forces in which the
19 veteran served or by the United States Veterans' Administration
20 or who has a service-connected disability of the type enumerated
21 in section 1338 (relating to handicapped plate and placard), the
22 department shall issue a special registration plate designating
23 the vehicle as belonging to a severely disabled veteran. The
24 registration plate shall have a white background, shall have
25 blue numbers or letters as the department may determine, shall
26 have the words, "disabled veteran," in at least ten-point bold
27 type, inscribed in red at the bottom of the plate, and shall
28 include the international symbol for handicapped access. Only
29 one special registration plate shall be issued to a veteran
30 under this section. It may be used only on one passenger vehicle
19890H0465B3793 - 3 -
1 or one other vehicle with a registered gross weight of not more
2 than 9,000 pounds. In the case of a motorcycle, the department
3 shall issue a decal containing the international symbol for
4 handicapped access and the words, "disabled veteran," for <--
5 display on the registration plate.
6 * * *
7 § 1504. Classes of licenses. <--
8 * * *
9 (d) Number and description of classes.--Licenses issued by
10 the department shall be classified in the following manner:
11 (1) Class 1.--A Class 1 license shall be issued to those
12 persons who have demonstrated their qualifications to operate
13 a single vehicle not in excess of 30,000 pounds registered
14 gross weight or any such vehicle towing a trailer not in
15 excess of 10,000 pounds gross weight. Any fireman who is the
16 holder of a Class 1 license and who has a certificate of
17 authorization from his fire chief shall be authorized to
18 operate any vehicle registered to the fire department
19 regardless of the other requirements of this section as to
20 the class of license required. The holder of a Class 1
21 license shall also be authorized to drive a [motorized
22 pedalcycle] motor-driven cycle with an automatic transmission
23 and cylinder capacity not exceeding 50 cubic centimeters or a
24 three-wheeled motorcycle equipped with an enclosed cab. The
25 holder of a Class 1 license shall not be deemed qualified to
26 operate buses, school buses or motorcycles unless the license
27 is endorsed as provided in this section.
28 (2) Class 2.--A Class 2 license shall be issued to those
29 persons over 18 years of age who have demonstrated their
30 qualifications to operate a single vehicle of over 30,000
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1 pounds registered gross weight or any bus or any such vehicle
2 towing a trailer not in excess of 10,000 pounds gross weight.
3 The holder of a Class 2 license shall be deemed qualified to
4 operate those vehicles for which a Class 1 license is issued,
5 but not school buses or motorcycles unless the license is
6 endorsed as provided in this section.
7 (3) Class 3.--A Class 3 license shall be issued to those
8 persons over 18 years of age who have demonstrated their
9 qualifications to operate a vehicle while in combination with
10 or towing a trailer in excess of 10,000 pounds gross weight.
11 The holder of a Class 3 license shall be deemed qualified to
12 operate those vehicles for which a Class 1 or Class 2 license
13 is issued, but not school buses or motorcycles unless the
14 license is endorsed as provided in this section.
15 (4) Class 4.--Persons who have qualified to operate
16 school buses in accordance with this title and the rules and
17 regulations promulgated and adopted by the department shall
18 have the qualification endorsed on the license as provided in
19 this section.
20 (5) Class 5.--Those persons who have demonstrated their
21 qualifications to operate a motorcycle[,] shall have that
22 qualification endorsed on one of the basic classes of license
23 described in this section. If a person is qualified only to
24 operate a motorcycle, he shall be issued a license with only
25 that qualification endorsed on the license.
26 (6) Class 6.--Those persons who have demonstrated their
27 qualifications to operate a motor-driven cycle [or motorized
28 pedalcycle] shall have that qualification endorsed on one of
29 the basic classes of license described in this section. If a
30 person is qualified only to operate a motor-driven cycle [or
19890H0465B3793 - 5 -
1 motorized pedalcycle], he shall be issued a license with only
2 that qualification endorsed on the license.
3 * * *
4 § 1575. Permitting violation of title.
5 (a) General rule.--No person shall authorize or knowingly
6 permit a motor vehicle owned by him or under his control to be
7 driven in violation of any of the provisions of this title.
8 (b) Penalty.--Any person violating the provisions of
9 subsection (a) is guilty of [the same] a summary offense [as the
10 driver of such vehicle] and is subject to the same [penalties
11 including any suspension or revocation of the operating
12 privilege or the assessment of points] fine as the driver of the
13 vehicle. If the driver is convicted under section 3731 (relating
14 to driving under influence of alcohol or controlled substance)
15 or 3735 (relating to homicide by vehicle while driving under
16 influence), the person violating subsection (a) shall also be
17 subject to suspension or revocation, as applicable, under
18 sections 1532 (relating to revocation or suspension of operating
19 privilege) and 1542 (relating to revocation of habitual
20 offender's license).
21 SECTION 4. SECTION 1504(D)(3) OF TITLE 75, AMENDED MAY 30, <--
22 1990 (P.L.173, NO.42), IS AMENDED TO READ:
23 § 1504. CLASSES OF LICENSES.
24 * * *
25 (D) NUMBER AND DESCRIPTION OF CLASSES.--LICENSES ISSUED BY
26 THE DEPARTMENT SHALL BE CLASSIFIED IN THE FOLLOWING MANNER:
27 * * *
28 (3) CLASS C.--A CLASS C LICENSE SHALL BE ISSUED TO THOSE
29 PERSONS 18 YEARS OF AGE OR OLDER, EXCEPT AS PROVIDED IN
30 SECTION 1503 (RELATING TO PERSONS INELIGIBLE FOR LICENSING),
19890H0465B3793 - 6 -
1 WHO HAVE DEMONSTRATED THEIR QUALIFICATIONS TO OPERATE ANY
2 SINGLE VEHICLE WITH A GROSS VEHICLE WEIGHT RATING OF NOT MORE
3 THAN 26,000 POUNDS OR ANY SUCH VEHICLE TOWING A VEHICLE IF
4 THE GROSS COMBINATION VEHICLE WEIGHT RATING IS NOT MORE THAN
5 26,000 POUNDS.
6 (I) WHERE REQUIRED UNDER THIS TITLE, APPROPRIATE
7 ENDORSEMENTS MUST BE OBTAINED.
8 (II) ANY FIREFIGHTER WHO IS THE HOLDER OF A CLASS C
9 LICENSE AND WHO HAS A CERTIFICATE OF AUTHORIZATION FROM
10 HIS FIRE CHIEF SHALL BE AUTHORIZED TO OPERATE ANY FIRE OR
11 EMERGENCY VEHICLE REGISTERED TO THE FIRE DEPARTMENT,
12 REGARDLESS OF THE OTHER REQUIREMENTS OF THIS SECTION AS
13 TO THE CLASS OF LICENSE REQUIRED. NO FIRE CHIEF, FIRE
14 DEPARTMENT, INCLUDING ANY VOLUNTEER FIRE COMPANY, OR
15 MUNICIPALITY SHALL BE LIABLE FOR ANY CIVIL DAMAGES AS A
16 RESULT OF THE ISSUANCE OF A CERTIFICATE AUTHORIZED UNDER
17 THIS PARAGRAPH UNLESS SUCH ACT CONSTITUTED A CRIME,
18 ACTUAL FRAUD, ACTUAL MALICE OR WILLFUL MISCONDUCT.
19 (III) THE HOLDER OF A CLASS C LICENSE SHALL ALSO BE
20 AUTHORIZED TO DRIVE A [MOTORIZED PEDALCYCLE] MOTOR-DRIVEN
21 CYCLE WITH AN AUTOMATIC TRANSMISSION AND CYLINDER
22 CAPACITY NOT EXCEEDING 50 CUBIC CENTIMETERS OR A THREE-
23 WHEELED MOTORCYCLE EQUIPPED WITH AN ENCLOSED CAB, BUT NOT
24 A MOTORCYCLE UNLESS THE LICENSE IS ENDORSED, AS PROVIDED
25 IN THIS TITLE.
26 * * *
27 Section 4 5. Subchapter A of Chapter 35 of Title 75 is <--
28 repealed.
29 Section 5 6. Sections 3525 and 4703(b) of Title 75 are <--
30 amended to read:
19890H0465B3793 - 7 -
1 § 3525. Protective equipment for motorcycle riders.
2 (a) Protective headgear.--Except as provided in subsection
3 (d), no person shall operate or ride upon a motorcycle or a
4 motor-driven cycle [(other than a motorized pedalcycle)] unless
5 he is wearing protective headgear which complies with standards
6 established by the department.
7 (b) Eye-protective devices.--Except as provided in
8 subsection (d), no person shall operate or ride upon a
9 motorcycle [(other than a motorized pedalcycle)] unless he is
10 wearing an eye-protective device of a type approved by the
11 department.
12 (c) Approval of equipment.--The department may approve or
13 disapprove protective headgear and eye-protective devices
14 required under this section and may issue and enforce
15 regulations establishing standards and specifications for the
16 approval of the headgear and devices. The department shall
17 publish lists of all protective headgear and eye-protective
18 devices by name and type which have been approved.
19 (d) Exception.--The provisions of subsections (a) and (b)
20 shall not apply to the operator or any occupant of a three-
21 wheeled motorcycle equipped with an enclosed cab.
22 § 4703. Operation of vehicle without official certificate of
23 inspection.
24 * * *
25 (b) Exceptions.--Subsection (a) does not apply to:
26 (1) Special mobile equipment.
27 (2) Implements of husbandry.
28 (3) Motor vehicles being towed.
29 (4) Motor vehicles being operated or trailers being
30 towed by an official inspection station owner or employee for
19890H0465B3793 - 8 -
1 the purpose of inspection.
2 (5) Trailers having a registered gross weight of 3,000
3 pounds or less.
4 [(6) Motorized pedalcycles.]
5 [(7)] (6) Vehicles being repossessed by a financer or
6 collector-repossessor through the use of miscellaneous motor
7 vehicle business registration plates.
8 [(8)] (7) New vehicles while they are in the process of
9 manufacture, including testing, and not in transit from the
10 manufacturer to a purchaser or dealer.
11 [(9)] (8) Any military vehicle used for training by a
12 private, nonprofit, tax exempt military educational
13 institution when such vehicle does not travel on public roads
14 in excess of one mile and the property on both sides of the
15 public road is owned by the institution.
16 [(10)] (9) Antique vehicles.
17 * * *
18 Section 6 7. The Department of Transportation shall no <--
19 longer issue motorized pedalcycle registration plates after the
20 effective date of this section. After such date the department
21 shall issue motor-driven cycle registration plates for that type
22 of vehicle. Motorized pedalcycle registration plates which have
23 already been issued shall remain valid until the end of the
24 current registration period. Upon renewal of a vehicle's
25 registration after the effective date of this act, the
26 department shall issue a motor-driven cycle registration plate
27 for the vehicle.
28 Section 7 8. This act shall take effect as follows: <--
29 (1) SECTION 4 (SECTION 1504(D)(3)) OF THIS ACT SHALL <--
30 TAKE EFFECT NOVEMBER 1, 1990.
19890H0465B3793 - 9 -
1 (1) Section 6 (2) SECTION 7 of this act shall take <--
2 effect in six months.
3 (2) (3) The remainder of this act shall take effect in <--
4 60 days.
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