| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 3104, 3358, 3482 | PRINTER'S NO. 3888 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY STEPHENS, BOBACK, GEORGE, HESS, HORNAMAN, KNOWLES, MAJOR, MILLARD, MURT, ROCK, SWANGER, TALLMAN, TOEPEL, VULAKOVICH, WATSON, GEIST, MILNE AND FARRY, FEBRUARY 14, 2012 |
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| AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 29, 2012 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for schedule of convictions and |
3 | points and for duty of driver in emergency response areas; | <-- |
4 | and providing for obedience to traffic control devices |
5 | warning of hazardous conditions. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 1535(a) of Title 75 of the Pennsylvania |
9 | Consolidated Statutes is amended to read: |
10 | § 1535. Schedule of convictions and points. |
11 | (a) General rule.--A point system for driver education and |
12 | control is hereby established which is related to other |
13 | provisions for use, suspension and revocation of the operating |
14 | privilege as specified under this title. Every driver licensed |
15 | in this Commonwealth who is convicted of any of the following |
16 | offenses shall be assessed points as of the date of violation in |
17 | accordance with the following schedule: |
18 | Section Number | Offense | Points | | 1 2 | 1512 | Violation of restriction on driver's license. | 2 | 3 | 1571 | Violation concerning license. | 3 | 4 5 | 3102 | Failure to obey policeman or authorized person. | 2 | 6 7 8 | 3111.1 | Obedience to traffic control devices warning of hazardous conditions. | 2 | <-- | 9 10 | 3112(a)(3)(i) or (ii) | Failure to stop for a red light. | 3 | 11 12 | 3114(a)(1) | Failure to stop for a flashing red light. | 3 | 13 14 | 3302 | Failure to yield half of roadway to oncoming vehicle. | 3 | 15 | 3303 | Improper passing. | 3 | 16 | 3304 | Other improper passing. | 3 | 17 | 3305 | Other improper passing. | 3 | 18 | 3306(a)(1) | Other improper passing. | 4 | 19 | 3306(a)(2) | Other improper passing. | 3 | 20 | 3306(a)(3) | Other improper passing. | 3 | 21 | 3307 | Other improper passing. | 3 | 22 | 3310 | Following too closely. | 3 | 23 24 | 3321 | Failure to yield to driver on the right at intersection. | 3 | 25 26 | 3322 | Failure to yield to oncoming driver when making left turn. | 3 | 27 | 3323(b) | Failure to stop for stop sign. | 3 | 28 29 | 3323(c) | Failure to yield at yield sign. | 3 | 30 | 3324 | Failure to yield when entering | 3 | | 1 2 | | or crossing roadway between inter-sections. | | 3 4 | 3327(a)(3) | Improper driving in emergency response area. | 2 | <-- | 5 | 3332 | Improper turning around. | 3 | 6 7 | 3341(a) | Failure to obey signal indicating approach of train. | 2 | 8 9 | 3341(b) | Failure to comply with crossing gate or barrier. | 4 | 10 | | (and 30 days' suspension) | | 11 12 | 3342(b) or (e) | Failure to stop at railroad crossings. | 4 | 13 14 15 | 3344 | Failure to stop when entering from alley, driveway or building. | 3 | 16 17 | 3345(a) | Failure to stop for school bus with flashing red lights. | 5 | 18 | | (and 60 days' suspension) | | 19 20 | 3361 | Driving too fast for conditions. | 2 | 21 22 | 3362 | Exceeding maximum speed.--Over Limit: | | 23 | | 6-10 2 | | 24 | | 11-15 3 | | 25 | | 16-25 4 | | 26 | | 26-30 5 | | 27 | | 31-over 5 | | 28 29 30 | | (and departmental hearing and sanctions provided under section 1538(d)) | | | 1 2 | 3365(b) | Exceeding special speed limit in school zone. | 3 | 3 4 5 | | (and 60 days' suspension for a second or subsequent offense) | | 6 7 | 3365(c) | Exceeding special speed limit for trucks on downgrades. | 3 | 8 9 | 3542(a) | Failure to yield to pedestrian in crosswalk. | 2 | 10 11 | 3547 | Failure to yield to pedestrian on sidewalk. | 3 | 12 13 | 3549(a) | Failure to yield to blind pedestrian. | 3 | 14 | 3702 | Improper backing. | 3 | 15 | 3714(a) | Careless driving. | 3 | 16 17 18 | 3745 | Leaving scene of accident involving property damage only. | 4 |
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19 | * * * |
20 | Section 2. Section 3327(a), (b) and (b.1) of Title 75 are | <-- |
21 | amended and the section is amended by adding subsections to |
22 | read: |
23 | § 3327. Duty of driver in emergency response areas. |
24 | (a) General rule.--When approaching or passing an emergency |
25 | response area, a person, unless otherwise directed by an |
26 | emergency service responder, shall: |
27 | (1) pass in a lane not adjacent to that of the emergency |
28 | response area, if possible; [or] |
29 | (2) if passing in a nonadjacent lane is impossible, |
30 | illegal or unsafe, pass the emergency response area at a |
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1 | careful and prudent reduced speed reasonable for safely |
2 | passing the emergency response area[.]; or |
3 | (3) not drive past, around or through a sign or traffic- |
4 | control device closing a road or highway due to an existing |
5 | or potentially hazardous condition. |
6 | (b) Penalty.-- |
7 | (1) Any person violating subsection (a) commits a |
8 | summary offense and shall, upon conviction, pay a fine of not |
9 | more than $250. |
10 | (2) If a violation of subsection (a)(3) results in the |
11 | utilization of the services of a first responder or emergency |
12 | medical or rescue personnel, including towing services, the |
13 | fine shall be increased to not less than $250 nor more than |
14 | $500. |
15 | (b.1) Suspension of operating privilege.--The department |
16 | shall suspend the operating privilege of any person for 90 days |
17 | upon receiving a certified record of the driver's conviction, |
18 | adjudication of delinquency or admission into a preadjudication |
19 | program for a violation of subsection [(a),] (a)(1) and (2), if |
20 | the certified conviction indicates the violation resulted in |
21 | serious bodily injury to another person. The license shall be |
22 | surrendered in accordance with section 1540 (relating to |
23 | surrender of license). |
24 | (b.2) Presumption.--For the purposes of this section, it is |
25 | presumed that a vehicle became disabled as a result of violating |
26 | subsection (a)(3) if it was disabled near or in the hazard for |
27 | which the traffic-control device had been placed absent evidence |
28 | to the contrary. |
29 | * * * |
30 | Section 2. Title 75 is amended by adding a section to read: | <-- |
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1 | § 3111.1. Obedience to traffic control devices warning of |
2 | hazardous conditions. |
3 | (a) General Rule.--The driver of any vehicle, unless |
4 | otherwise directed by an emergency service responder, shall not |
5 | drive past, around or through a sign or traffic-control device |
6 | closing a road or highway due to an existing or potentially |
7 | hazardous condition. |
8 | (b) Penalty.--Any person violating this section commits a |
9 | summary offense and shall, upon conviction, pay a fine of not |
10 | more than $250 unless the violation results in the utilization |
11 | of the services of a first responder or emergency medical or |
12 | rescue personnel, including towing services, in which case the |
13 | fine shall be increased to not less than $250 nor more than |
14 | $500. |
15 | (d.1) (c) Emergency response costs.--A person convicted of | <-- |
16 | violating subsection (a)(3) this section shall, in addition to | <-- |
17 | any other sentence imposed or restitution ordered under 42 |
18 | Pa.C.S. § 9721(c) (relating to sentencing generally), be |
19 | sentenced to pay restitution in an amount equal to the cost of |
20 | fire and police response and emergency medical service or |
21 | emergency preparedness response resulting from the offense. |
22 | * * * |
23 | Section 3. This act shall take effect in 60 days. |
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