PRIOR PRINTER'S NO. 2934 PRINTER'S NO. 3560
No. 2163 Session of 2003
INTRODUCED BY FLEAGLE, FORCIER, MANN, SOLOBAY, SANTONI,
METCALFE, FEESE, FICHTER, HARRIS, SURRA, SAINATO, ZUG,
GERGELY, SAYLOR, BALDWIN AND ROSS, NOVEMBER 18, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 24, 2004
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing FOR THE DEFINITIONS OF "EMERGENCY <--
3 VEHICLE" AND "SCHOOL BUS"; PROVIDING FOR A SPECIAL
4 REGISTRATION PLATE FOR VETERANS AND MEMBERS OF UNITED STATES
5 MILITARY AIRBORNE UNITS; AND FURTHER PROVIDING for lighted
6 lamp requirements for motorcycles, FOR FLEEING OR ATTEMPTING <--
7 TO ELUDE POLICE OFFICER, FOR ERECTION AND MAINTENANCE OF STOP
8 SIGNS BY LOCAL AUTHORITIES, FOR REGISTRATION OF SNOWMOBILE OR
9 ATV AND FOR REFUNDS OF TAX IMPOSED UPON LIQUID FUELS OR
10 CERTAIN OTHER FUELS.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 3526 of Title 75 of the Pennsylvania <--
14 Consolidated Statutes is amended to read:
15 SECTION 1. THE DEFINITIONS OF "EMERGENCY VEHICLE" AND <--
16 "SCHOOL BUS" IN SECTION 102 OF TITLE 75 OF THE PENNSYLVANIA
17 CONSOLIDATED STATUTES ARE AMENDED TO READ:
18 § 102. DEFINITIONS.
19 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
20 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
21 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
1 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
2 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
3 * * *
4 "EMERGENCY VEHICLE." A FIRE DEPARTMENT VEHICLE, POLICE
5 VEHICLE, SHERIFF VEHICLE, AMBULANCE, BLOOD DELIVERY VEHICLE,
6 HUMAN ORGAN DELIVERY VEHICLE, HAZARDOUS MATERIAL RESPONSE
7 VEHICLE, ARMED FORCES EMERGENCY VEHICLE, ONE VEHICLE OPERATED BY
8 A CORONER OR CHIEF COUNTY MEDICAL EXAMINER AND ONE VEHICLE
9 OPERATED BY A CHIEF DEPUTY CORONER OR DEPUTY CHIEF COUNTY
10 MEDICAL EXAMINER USED FOR ANSWERING EMERGENCY CALLS, OR ANY
11 OTHER VEHICLE DESIGNATED BY THE STATE POLICE UNDER SECTION 6106
12 (RELATING TO DESIGNATION OF EMERGENCY VEHICLES BY PENNSYLVANIA
13 STATE POLICE), OR A PRIVATELY OWNED VEHICLE USED IN ANSWERING AN
14 EMERGENCY CALL WHEN USED BY ANY OF THE FOLLOWING:
15 (1) A POLICE CHIEF AND ASSISTANT CHIEF.
16 (2) A FIRE CHIEF, ASSISTANT CHIEF AND, WHEN A FIRE
17 COMPANY HAS THREE OR MORE FIRE VEHICLES, A SECOND OR THIRD
18 ASSISTANT CHIEF.
19 (3) A FIRE POLICE CAPTAIN AND FIRE POLICE LIEUTENANT.
20 (4) AN AMBULANCE CORPS COMMANDER AND ASSISTANT
21 COMMANDER.
22 (5) A RIVER RESCUE COMMANDER AND ASSISTANT COMMANDER.
23 (6) A COUNTY EMERGENCY MANAGEMENT COORDINATOR.
24 (7) A FIRE MARSHAL.
25 (8) A RESCUE SERVICE CHIEF AND ASSISTANT CHIEF.
26 (9) CHIEF OR OPERATIONS DIRECTOR OF A COUNTY HAZARDOUS
27 MATERIALS RESPONSE TEAM.
28 * * *
29 "SCHOOL BUS." A MOTOR VEHICLE WHICH:
30 (1) IS DESIGNED TO CARRY 11 PASSENGERS OR MORE,
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1 INCLUDING THE DRIVER; AND
2 (2) IS USED FOR THE TRANSPORTATION OF PREPRIMARY,
3 PRIMARY OR SECONDARY SCHOOL STUDENTS TO OR FROM PUBLIC,
4 PRIVATE OR PAROCHIAL SCHOOLS OR EVENTS RELATED TO SUCH
5 SCHOOLS OR SCHOOL-RELATED ACTIVITIES.
6 THE TERM DOES NOT INCLUDE A MOTOR VEHICLE USED TO TRANSPORT
7 PREPRIMARY, PRIMARY OR SECONDARY SCHOOL STUDENTS TO OR FROM
8 PUBLIC, PRIVATE OR PAROCHIAL SCHOOLS OR EVENTS RELATED TO SUCH
9 SCHOOLS OR SCHOOL-RELATED ACTIVITIES, WHICH IS DESIGNED TO CARRY
10 11 TO 15 PASSENGERS, INCLUDING THE DRIVER, AND WHICH IS
11 REGISTERED IN THIS COMMONWEALTH AS A BUS PRIOR TO MARCH 1, 1993,
12 OR A MOTOR VEHICLE WHICH IS DESIGNED TO CARRY 11 TO 15
13 PASSENGERS, INCLUDING THE DRIVER, AND WHICH WAS TITLED TO ANY
14 PUBLIC, PRIVATE OR PAROCHIAL SCHOOL ON OR BEFORE MARCH 1, 1993,
15 AND WHICH IS REGISTERED TO THAT PUBLIC, PRIVATE OR PAROCHIAL
16 SCHOOL IN THIS COMMONWEALTH AS A BUS PRIOR TO SEPTEMBER 15,
17 1993. FOR PURPOSES OF THIS DEFINITION, THE TERM "SCHOOL" SHALL
18 MEAN AN INSTITUTION FOR THE EDUCATION OR TRAINING OF CHILDREN,
19 INCLUDING, BUT NOT LIMITED TO, KINDERGARTEN, REHABILITATION
20 CENTER, DAY-CARE CENTER, HEAD START CENTER, GROUP DAY-CARE HOME,
21 FAMILY DAY-CARE HOME AND SUMMER CAMP.
22 * * *
23 SECTION 2. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
24 § 1362. SPECIAL PLATES FOR UNITED STATES MILITARY AIRBORNE
25 UNITS.
26 (A) GENERAL RULE.--UPON APPLICATION OF ANY PERSON WHO IS A
27 VETERAN OF OR A MEMBER OF A UNITED STATES MILITARY AIRBORNE
28 UNIT, ACCOMPANIED BY A FEE OF $20 WHICH SHALL BE IN ADDITION TO
29 THE ANNUAL REGISTRATION FEE AND BY SUCH DOCUMENTATION AS THE
30 DEPARTMENT SHALL REQUIRE, THE DEPARTMENT SHALL ISSUE TO THE
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1 PERSON A SPECIAL REGISTRATION PLATE DESIGNATING THE VEHICLE SO
2 LICENSED AS BELONGING TO A PERSON WHO IS A VETERAN OF OR A
3 MEMBER OF A UNITED STATES MILITARY AIRBORNE UNIT. THE SPECIAL
4 REGISTRATION PLATE MAY BE USED ONLY ON A PASSENGER CAR OR TRUCK
5 WITH A REGISTERED GROSS WEIGHT OF NOT MORE THAN 9,000 POUNDS.
6 (B) PLATE DETAILS.--THE SPECIAL REGISTRATION PLATE SHALL
7 DISPLAY A SET OF JUMP WINGS AND GLIDER WINGS ALONG WITH THE
8 LETTERS "ABN" FOLLOWED BY A SERIES OF FIVE DIGITS. THE FIRST TWO
9 OR THREE DIGITS OF THE FIVE-DIGIT SERIES WILL DENOTE THE NUMBER
10 OF THE DIVISION UNDER WHICH THE PERSON SERVED.
11 SECTION 3. SECTION 3526 OF TITLE 75 IS AMENDED TO READ:
12 § 3526. Lighted lamp requirements for motorcycles.
13 Notwithstanding the provisions of section 4302 (relating to
14 periods for requiring lighted lamps), the operator of a
15 motorcycle, manufactured during or after [1973] 1986, upon a
16 highway shall display the lighted head lamps and other lamps and
17 illuminating devices required under Chapter 43 (relating to
18 lighting equipment) at all times.
19 Section 2. This act shall take effect immediately. <--
20 SECTION 4. SECTION 3733(A) OF TITLE 75 IS AMENDED AND THE <--
21 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
22 § 3733. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER.
23 (A) OFFENSE DEFINED.--ANY DRIVER OF A MOTOR VEHICLE WHO
24 WILLFULLY FAILS OR REFUSES TO BRING HIS VEHICLE TO A STOP, OR
25 WHO OTHERWISE FLEES OR ATTEMPTS TO ELUDE A PURSUING POLICE
26 OFFICER, WHEN GIVEN VISUAL OR AUDIBLE SIGNAL TO BRING THE
27 VEHICLE TO A STOP, COMMITS [A MISDEMEANOR OF THE SECOND DEGREE.
28 ANY DRIVER UPON CONVICTION SHALL PAY AN ADDITIONAL FINE OF $500.
29 THIS FINE SHALL BE IN ADDITION TO AND NOT IN LIEU OF ALL OTHER
30 FINES, COURT EXPENSES, JAIL SENTENCES OR PENALTIES] AN OFFENSE
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1 AS GRADED IN SUBSECTION (A.2).
2 * * *
3 (A.2) GRADING.--
4 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), AN OFFENSE
5 UNDER SUBSECTION (A) CONSTITUTES A MISDEMEANOR OF THE SECOND
6 DEGREE. ANY DRIVER UPON CONVICTION SHALL PAY AN ADDITIONAL
7 FINE OF $500. THIS FINE SHALL BE IN ADDITION TO AND NOT IN
8 LIEU OF ALL OTHER FINES, COURT EXPENSES, JAIL SENTENCES OR
9 PENALTIES.
10 (2) AN OFFENSE UNDER SUBSECTION (A) CONSTITUTES A FELONY
11 OF THE THIRD DEGREE IF THE DRIVER, SIMULTANEOUSLY:
12 (I) COMMITS A VIOLATION OF SECTION 3802 (RELATING TO
13 DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
14 SUBSTANCE);
15 (II) CROSSES A STATE LINE; OR
16 (III) CAUSES AN ACCIDENT THAT RESULTS IN SERIOUS
17 BODILY INJURY OR DEATH.
18 * * *
19 SECTION 5. SECTION 6124 OF TITLE 75 IS AMENDED TO READ:
20 § 6124. ERECTION OF TRAFFIC-CONTROL DEVICES AT INTERSECTIONS.
21 THE DEPARTMENT ON STATE-DESIGNATED HIGHWAYS, INCLUDING
22 INTERSECTIONS WITH LOCAL HIGHWAYS, AND LOCAL AUTHORITIES ON
23 INTERSECTIONS OF HIGHWAYS UNDER THEIR JURISDICTION MAY ERECT AND
24 MAINTAIN STOP SIGNS, YIELD SIGNS OR OTHER OFFICIAL TRAFFIC-
25 CONTROL DEVICES TO DESIGNATE THROUGH HIGHWAYS OR TO DESIGNATE
26 INTERSECTIONS AT WHICH VEHICULAR TRAFFIC ON ONE OR MORE OF THE
27 ROADWAYS SHOULD YIELD OR STOP AND YIELD BEFORE ENTERING THE
28 INTERSECTION. AN ENGINEERING AND TRAFFIC INVESTIGATION IS NOT
29 REQUIRED FOR LOCAL AUTHORITIES TO ERECT AND MAINTAIN STOP SIGNS
30 IN A RESIDENCE DISTRICT IF THE ROADWAY:
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1 (1) IS NOT A NUMBERED TRAFFIC ROUTE; AND
2 (2) IS FUNCTIONALLY CLASSIFIED BY THE DEPARTMENT AS A
3 LOCAL HIGHWAY.
4 SECTION 6. SECTION 7711.1 OF TITLE 75 IS AMENDED BY ADDING A
5 SUBSECTION TO READ:
6 § 7711.1. REGISTRATION OF SNOWMOBILE OR ATV.
7 * * *
8 (G) REGISTRATION LIST.--A SNOWMOBILE REGISTRATION LIST SHALL
9 BE FURNISHED, AT THE COST OF PRODUCTION, TO STATEWIDE NOT-FOR-
10 PROFIT PENNSYLVANIA SNOWMOBILE ORGANIZATIONS FOR USE IN
11 PROVIDING REGISTERED SNOWMOBILE USERS WITH INFORMATION REGARDING
12 SAFETY COURSES, EDUCATIONAL PROGRAMS AND CHANGES IN LAW,
13 REGULATION AND POLICY RELATED TO SNOWMOBILE USE IN THIS
14 COMMONWEALTH.
15 SECTION 7. SECTION 9017(D) OF TITLE 75 IS AMENDED AND THE
16 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
17 § 9017. REFUNDS.
18 * * *
19 [(D) OFF-HIGHWAY RECREATIONAL VEHICLES.--
20 (1) WHEN THE TAX IMPOSED BY THIS CHAPTER HAS BEEN PAID
21 ON FUEL USED IN OFF-HIGHWAY RECREATIONAL VEHICLES WITHIN THIS
22 COMMONWEALTH, AN AMOUNT EQUAL TO THE REVENUE GENERATED BY THE
23 TAX, BUT NOT DERIVED THEREFROM, MAY BE APPROPRIATED THROUGH
24 THE GENERAL FUND TO THE DEPARTMENT OF CONSERVATION AND
25 NATURAL RESOURCES. IT IS THE INTENT OF THIS CHAPTER THAT ALL
26 PROCEEDS FROM THE TAX PAID ON FUEL USED IN OFF-HIGHWAY
27 RECREATIONAL VEHICLES WITHIN THIS COMMONWEALTH BE PAID
28 WITHOUT DIMINUTION OF THE MOTOR LICENSE FUND.
29 (2) THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
30 SHALL BIENNIALLY CALCULATE THE AMOUNT OF LIQUID FUEL CONSUMED
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1 BY OFF-HIGHWAY RECREATIONAL VEHICLES AND FURNISH INFORMATION
2 RELATING TO ITS CALCULATIONS AND DATA AS MAY BE REQUIRED BY
3 THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
4 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES.
5 (3) THE GENERAL ASSEMBLY SHALL REVIEW THE FUEL
6 CONSUMPTION CALCULATIONS OF THE DEPARTMENT OF CONSERVATION
7 AND NATURAL RESOURCES TO DETERMINE THE AMOUNT OF LIQUID FUELS
8 TAX PAID ON LIQUID FUELS CONSUMED IN THE PROPULSION OF OFF-
9 HIGHWAY RECREATIONAL VEHICLES IN THIS COMMONWEALTH AND MAY
10 ANNUALLY APPROPRIATE TO THE DEPARTMENT OF CONSERVATION AND
11 NATURAL RESOURCES THE AMOUNT SO DETERMINED.
12 (4) MONEY APPROPRIATED UNDER PARAGRAPH (3) SHALL BE USED
13 FOR THE BENEFIT OF MOTORIZED AND NONMOTORIZED RECREATIONAL
14 TRAILS BY THE DEPARTMENT OF CONSERVATION AND NATURAL
15 RESOURCES AS PROVIDED IN THE INTERMODAL SURFACE
16 TRANSPORTATION EFFICIENCY ACT OF 1991 (PUBLIC LAW 102-240,
17 105 STAT. 1914).]
18 (D.1) MOTORIZED RECREATIONAL VEHICLES.--
19 (1) WHEN THE TAX IMPOSED BY THIS CHAPTER HAS BEEN PAID
20 AND THE FUEL ON WHICH THE TAX HAS BEEN IMPOSED HAS BEEN
21 CONSUMED IN THE OPERATION OF MOTORIZED RECREATIONAL VEHICLES
22 ON DESIGNATED ROADS AND BRIDGES USED AS TRAILS WITHIN AND
23 BORDERING ON THIS COMMONWEALTH, THE AMOUNT OF $1,000,000 OF
24 THE FULL AMOUNT OF SUCH TAXES SHALL BE REFUNDED TO THE
25 RESTRICTED ACCOUNT ESTABLISHED IN SECTION 7706 (RELATING TO
26 RESTRICTED ACCOUNT) UPON PETITION TO THE BOARD OF FINANCE AND
27 REVENUE.
28 (2) IN ACCORDANCE WITH PRESCRIBED PROCEDURES, THE
29 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES SHALL
30 BIENNIALLY CALCULATE THE AMOUNT OF LIQUID FUELS CONSUMED BY
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1 MOTORIZED RECREATIONAL VEHICLES AND FURNISH SUCH INFORMATION,
2 RELATING TO ITS CALCULATIONS AND DATA TO THE BOARD OF FINANCE
3 AND REVENUE. THE BOARD SHALL REVIEW THE PETITION AND
4 MOTORIZED RECREATIONAL VEHICLE FUEL CONSUMPTION CALCULATIONS
5 OF THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES TO
6 DETERMINE THE FULL AMOUNT OF TAXES PAID AND SHALL CERTIFY TO
7 THE STATE TREASURER TO REFUND ANNUALLY $1,000,000 OF THE FULL
8 AMOUNT OF SUCH TAXES TO THE RESTRICTED ACCOUNT ESTABLISHED IN
9 SECTION 7706.
10 (3) THIS MONEY SHALL BE USED BY THE DEPARTMENT OF
11 CONSERVATION AND NATURAL RESOURCES FOR THE PURPOSES
12 ESTABLISHED IN SECTION 7706, INCLUDING THE CONSTRUCTION,
13 RECONSTRUCTION AND MAINTENANCE OF DESIGNATED ROADS AND
14 BRIDGES USED AS TRAILS WITHIN AND BORDERING ON THIS
15 COMMONWEALTH ON WHICH MOTORIZED RECREATIONAL VEHICLES ARE
16 AUTHORIZED BY THE DEPARTMENT OF CONSERVATION AND NATURAL
17 RESOURCES OR A MUNICIPALITY TO OPERATE AND FOR SAFETY
18 ENFORCEMENT OF THIS CHAPTER IN STATE PARKS AND STATE FORESTS.
19 * * *
20 SECTION 8. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
21 (1) THE AMENDMENT OF THE DEFINITION OF "EMERGENCY
22 VEHICLE" IN 75 PA.C.S. § 102 SHALL TAKE EFFECT IN 60 DAYS.
23 (2) THE ADDITION OF 75 PA.C.S. § 1362 SHALL TAKE EFFECT
24 IN 60 DAYS.
25 (3) THE AMENDMENT OF 75 PA.C.S. § 6124 SHALL TAKE EFFECT
26 IN 60 DAYS.
27 (4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
28 IMMEDIATELY.
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