PRIOR PRINTER'S NOS. 2326, 2774 PRINTER'S NO. 2873
No. 1817 Session of 1975
INTRODUCED BY BONETTO, OCTOBER 2, 1975
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 10, 1976
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, adding revised, compiled and codified provisions
3 relating to vehicles and pedestrians.
4 TABLE OF CONTENTS
5 TITLE 75
6 VEHICLES
7 PART I. PRELIMINARY PROVISIONS
8 Chapter 1. General Provisions
9 § 101. Short title of title.
10 § 102. Definitions.
11 § 103. Uniformity of interpretation.
12 § 104. Continuation of existing law.
13 PART II. TITLE, REGISTRATION AND LICENSING
14 Chapter 11. Certificate of Title and Security Interests.
15 Subchapter A. Certificate of Title
16 § 1101. Certificate of title required.
17 § 1102. Vehicles not requiring certificate of title.
18 § 1103. Application for certificate of title.
1 § 1104. Examination of records upon receipt of application.
2 § 1105. Issuance of certificate of title.
3 § 1106. Content and effect of certificate of title.
4 § 1107. Delivery of certificate of title.
5 § 1108. Registration without certificate of title.
6 § 1109. Refusing issuance of certificate of title.
7 § 1110. Duplicate certificate of title to replace original.
8 § 1111. Transfer of ownership of vehicle.
9 § 1112. Disclosure of odometer reading and tampering with
10 odometer.
11 § 1113. Transfer to or from manufacturer or dealer.
12 § 1114. Transfer of vehicle by operation of law.
13 § 1115. Correction of certificate of title.
14 § 1116. Issuance of new certificate following transfer.
15 § 1117. Vehicle destroyed or junked.
16 § 1118. Suspension and cancellation of certificate of title.
17 § 1119. Application for certificate of title by agent.
18 Subchapter B. Security Interests
19 § 1131. Applicability of subchapter.
20 § 1132. Perfection of security interest.
21 § 1133. Creation of security interest for titled vehicle.
22 § 1134. Assignment by lienholder of security interest.
23 § 1135. Satisfaction of security interest.
24 § 1136. Duty of lienholder to disclose pertinent information.
25 § 1137. Subchapter exclusive for perfecting security interest.
26 § 1138. Duration of lien recorded on certificate of title.
27 Chapter 13. Registration of Vehicles
28 Subchapter A. General Provisions
29 § 1301. Driving unregistered vehicle prohibited.
30 § 1302. Vehicles subject to registration.
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1 § 1303. Vehicles of nonresidents exempt from registration.
2 § 1304. Registration criteria.
3 § 1305. Application for registration.
4 § 1306. Grounds for refusing registration.
5 § 1307. Period of registration.
6 § 1308. Issuance of registration card.
7 § 1309. Renewal of registration.
8 § 1310. Temporary registration cards.
9 § 1311. Registration card to be signed and exhibited on demand.
10 § 1312. Notice of change of name or address.
11 § 1313. Duplicate registration cards.
12 § 1314. Transfer of registration.
13 § 1315. Operation of vehicle following death of owner.
14 § 1316. Department records.
15 § 1317. Sale of copies of registrations and statistics. <--
16 Subchapter B. Registration Plates
17 § 1331. Registration plates to be furnished by department.
18 § 1332. Display of registration plate.
19 § 1333. Lost, stolen, damaged or illegible registration plate.
20 § 1334. Return of registration plate.
21 § 1335. Registration plates for manufacturers and dealers.
22 § 1336. Use of dealer registration plates.
23 § 1337. Use of "Miscellaneous Motor Vehicle Business"
24 registration plates.
25 § 1338. Handicapped plate.
26 § 1339. Legislative plate.
27 § 1340. Antique and classic plates.
28 § 1341. Personal plate.
29 § 1342. Use of school bus plates.
30 § 1343. Use of farm truck plates.
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1 § 1344. SPECIAL PLATES FOR DISABLED VETERANS. <--
2 Subchapter C. Violations and Suspensions
3 § 1371. Operation following suspension of registration.
4 § 1372. Unauthorized transfer or use of registration.
5 § 1373. Suspension of registration.
6 § 1374. Suspension of vehicle business registration plates.
7 § 1375. Suspension of registration of unapproved carriers.
8 § 1376. Surrender of registration plates and cards upon
9 suspension.
10 § 1377. Judicial review of denial or suspension of
11 registration.
12 Chapter 15. Licensing of Drivers
13 Subchapter A. General Provisions
14 § 1501. Drivers required to be licensed.
15 § 1502. Persons exempt from licensing.
16 § 1503. Persons ineligible for licensing.
17 § 1504. Classes of licenses.
18 § 1505. Learners' permits.
19 § 1506. Application for driver's license or learner's permit.
20 § 1507. Application for driver's license or learner's permit
21 by minor.
22 § 1508. Examination of applicant for driver's license.
23 § 1509. Qualifications for Class 4 license.
24 § 1510. Issuance and content of driver's license.
25 § 1511. Carrying and exhibiting driver's license on demand.
26 § 1512. Restrictions on drivers' licenses.
27 § 1513. Duplicate and substitute drivers' licenses and
28 learners' permits.
29 § 1514. Expiration and renewal of drivers' licenses.
30 § 1515. Notice of change of name or address.
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1 § 1516. Department records.
2 § 1517. Medical advisory board.
3 § 1518. Reports on mental or physical disabilities or
4 disorders.
5 § 1519. Determination of incompetency.
6 Subchapter B. Comprehensive System for Driver Education
7 and Control
8 § 1531. Administration of system by department.
9 § 1532. Revocation of operating privilege.
10 § 1533. Suspension of operating privilege for failure to
11 respond to citation.
12 § 1534. Suspension of operating privilege upon acceptance of
13 Accelerative Rehabilitative Disposition.
14 § 1535. Schedule of convictions and points.
15 § 1536. Notice of assignment of points.
16 § 1537. Removal of points.
17 § 1538. School, examination or interview HEARING <--
18 on accumulation of points OR EXCESSIVE SPEEDING. <--
19 § 1539. Suspension of operating privilege on accumulation of
20 points.
21 § 1540. Surrender of license.
22 § 1541. Period of revocation or suspension of operating
23 privilege.
24 § 1542. Driving while operating privilege is suspended or
25 revoked.
26 § 1543. Assignment of points for conviction in another state.
27 § 1544. Additional period of revocation or suspension.
28 § 1545. Restoration of operating privilege.
29 § 1546. Suspension or revocation of nonresident's operating
30 privilege.
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1 § 1547. Suspension or revocation for conviction in another
2 state.
3 § 1548. Chemical test to determine amount of alcohol.
4 § 1549. Post conviction examination for driving under
5 influence.
6 § 1550. Establishment of schools.
7 § 1551. Judicial review.
8 Subchapter C. Violations.
9 § 1571. Violations concerning licenses.
10 § 1572. Cancellation of driver's license.
11 § 1573. Driving under foreign license during suspension or
12 revocation.
13 § 1574. Permitting unauthorized person to drive.
14 § 1575. Permitting violation of title.
15 § 1576. Local authorities liable for negligence of their
16 employees.
17 Chapter 17. Financial Responsibility
18 Subchapter A. General Provisions
19 § 1701. Application of chapter.
20 § 1702. Administration of chapter.
21 § 1703. Availability of other remedies.
22 § 1704. Transfer of suspended registration to evade chapter.
23 Subchapter B. Deposit of Security
24 § 1721. Deposit of security following accident.
25 § 1722. Suspension of license of resident involved in accident
26 in another state.
27 § 1723. Exceptions to security requirements.
28 § 1724. Duration of suspension.
29 § 1725. Coverage and revision of security.
30 § 1726. Custody, disposition and return of security.
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1 § 1727. Matters not evidence in civil actions.
2 § 1728. Appeal to court from action of department.
3 Subchapter C. Proof of Future Responsibility
4 § 1741. Court reports on nonpayment of judgments.
5 § 1742. Suspension for nonpayment of judgments.
6 § 1743. Continuation of suspension until judgments paid and
7 proof given.
8 § 1744. Payments sufficient to satisfy judgments.
9 § 1745. Installment payment of judgments.
10 § 1746. Proof of financial responsibility after suspension
11 or revocation.
12 § 1747. Providing financial responsibility.
13 Chapter 19. Fees
14 Subchapter A. General Provisions
15 § 1901. Exemption of entities and vehicles from fees.
16 § 1902. Exemptions from other fees.
17 § 1903. Limitation on local license fees and taxes.
18 § 1904. Collection and disposition of fees and moneys.
19 Subchapter B. Registration Fees
20 § 1911. Annual registration fees.
21 § 1912. Passenger cars.
22 § 1913. Motor homes.
23 § 1914. Motorcycles.
24 § 1915. MOTOR-DRIVEN CYCLES. <--
25 § 1915. 1916. Trucks and truck-tractors. <--
26 § 1916. 1917. Motor buses. <--
27 § 1917. 1918. School buses. <--
28 § 1918. 1919. Electric vehicles. <--
29 § 1919. 1920. Trailers and semi-trailers. <--
30 § 1920. Self-propelled implements of husbandry. <--
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1 § 1921. Special mobile equipment.
2 § 1922. Antique vehicles.
3 § 1923. Classic vehicles.
4 § 1924. Farm trucks.
5 § 1925. Ambulances, taxis and hearses.
6 § 1926. Dealers and miscellaneous motor vehicle business.
7 § 1927. Transfer of registration.
8 § 1928. Processing temporary registration.
9 § 1929. Replacement registration plates.
10 § 1930. Special registration plate series PLATES. <--
11 § 1931. Duplicate registration cards.
12 Subchapter C. Permits
13 § 1941. Scope of subchapter.
14 § 1942. Special hauling permits as to weight and size.
15 § 1943. Annual hauling permits.
16 § 1944. Mobile homes and similar trailers.
17 § 1945. Movements requiring special escort.
18 Subchapter D. Miscellaneous Fees
19 § 1951. Driver's license and learner's permit.
20 § 1952. Certificate of title.
21 § 1953. Security interest.
22 § 1954. Approval of vehicle equipment and testing devices.
23 § 1955. Information concerning drivers and vehicles.
24 § 1956. Certified copies of records.
25 § 1957. Uncollectible checks.
26 § 1958. Certificates of appointment and <--
27 CERTIFICATE OF inspection. <--
28 § 1959. Fee for error or omission in application. <--
29 § 1960. 1959. Messenger service. <--
30 PART III. OPERATION OF VEHICLES
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1 Chapter 31. General Provisions
2 Subchapter A. Obedience to and Effect of Traffic Laws
3 § 3101. Application of part.
4 § 3102. Obedience to authorized persons directing traffic.
5 § 3103. Persons riding animals or driving animal-drawn
6 vehicles.
7 § 3104. Persons working on highways.
8 § 3105. Drivers of emergency vehicles.
9 § 3106. Operators of streetcars.
10 Subchapter B. Traffic-control Devices
11 § 3111. Obedience to traffic-control devices.
12 § 3112. Traffic-control signals.
13 § 3113. Pedestrian-control signals.
14 § 3114. Flashing signals.
15 § 3115. Lane-direction-control signals.
16 Chapter 33. Rules of the Road in General
17 Subchapter A. General Provisions
18 § 3301. Driving on right side of roadway.
19 § 3302. Meeting vehicle proceeding in opposite direction.
20 § 3303. Overtaking vehicle on the left.
21 § 3304. Overtaking vehicle on the right.
22 § 3305. Limitations on overtaking on the left.
23 § 3306. Limitations on driving on left side of roadway.
24 § 3307. No-passing zones.
25 § 3308. One-way roadways and rotary traffic islands.
26 § 3309. Driving on roadways laned for traffic.
27 § 3310. Following too closely.
28 § 3311. Driving on divided highways.
29 § 3312. Limited-access highway entrances and exits.
30 § 3313. Restrictions on use of limited-access highways.
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1 § 3314. Prohibiting use of hearing impairment devices.
2 Subchapter B. Right-of-way
3 § 3321. Vehicle approaching or entering intersection.
4 § 3322. Vehicle turning left.
5 § 3323. Stop signs and yield signs.
6 § 3324. Vehicle entering or crossing roadway.
7 § 3325. Duty of driver on approach of emergency vehicle.
8 § 3326. Duty of driver in construction and maintenance areas.
9 Subchapter C. Turning, Starting and Signals
10 § 3331. Required position and method of turning.
11 § 3332. Limitations on turning around.
12 § 3333. Moving stopped or parked vehicle.
13 § 3334. Turning movements and required signals.
14 § 3335. Signals by hand and arm or signal lamps.
15 § 3336. Method of giving hand and arm signals.
16 Subchapter D. Special Stops Required
17 § 3341. Obedience to signal indicating approach of train.
18 § 3342. Vehicles required to stop at railroad crossings.
19 § 3343. Moving heavy equipment at railroad grade crossings.
20 § 3344. Emerging from alley, driveway or building.
21 § 3345. Meeting or overtaking school bus.
22 Subchapter E. Stopping, Standing and Parking
23 § 3351. Stopping, standing and parking outside business and
24 residence districts.
25 § 3352. Removal of vehicle by or at direction of police.
26 § 3353. Prohibitions in specified places.
27 § 3354. Additional parking regulations.
28 Subchapter F. Speed Restrictions.
29 § 3361. Driving vehicle at safe speed.
30 § 3362. Maximum speed limits.
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1 § 3363. Alteration of maximum limits by department.
2 § 3364. Alteration of maximum limits by local authorities. <--
3 § 3365. 3364. Minimum speed regulation. <--
4 § 3366. 3365. Special speed limitations. <--
5 § 3367. 3366. Charging speed violations. <--
6 § 3368. 3367. Racing on highways. <--
7 § 3369. 3368. Speed timing devices. <--
8 Chapter 35. Special Vehicles and Pedestrians
9 Subchapter A. Operation of Bicycles
10 § 3501. Applicability of traffic laws to bicycles.
11 § 3502. Penalty for violation of subchapter.
12 § 3503. Responsibility of parent or guardian.
13 § 3504. Riding on bicycles.
14 § 3505. Riding on roadways and bicycle paths.
15 § 3506. Articles carried by operator.
16 § 3507. Lamps and other equipment on bicycles.
17 § 3508. Bicycles on sidewalks and bicycle paths.
18 Subchapter B. Special Rules for Motorcycles
19 § 3521. Applicability of traffic laws to motorcycles.
20 § 3522. Riding on motorcycles.
21 § 3523. Operating motorcycles on roadways laned for traffic.
22 § 3524. Footrests and handlebars.
23 § 3525. Protective equipment for motorcycle riders.
24 Subchapter C. Rights and Duties of Pedestrians
25 § 3541. Obedience of pedestrians to traffic-control devices
26 and regulations.
27 § 3542. Right-of-way of pedestrians in crosswalks.
28 § 3543. Pedestrians crossing at other than crosswalks.
29 § 3544. Pedestrians walking along or on highway.
30 § 3545. Pedestrians soliciting rides or business.
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1 § 3546. Driving through or around safety zone.
2 § 3547. Right-of-way of pedestrians on sidewalks.
3 § 3548. Pedestrians to yield to authorized emergency vehicles.
4 § 3549. Blind pedestrians.
5 § 3550. Pedestrians under influence of alcohol or controlled
6 substance.
7 § 3551. Compliance with bridge and railroad warning signals.
8 § 3552. Penalty for violation of subchapter.
9 Chapter 37. Miscellaneous Provisions
10 Subchapter A. Offenses in General
11 § 3701. Unattended motor vehicle.
12 § 3702. Limitations on backing.
13 § 3703. Driving upon sidewalk.
14 § 3704. Obstruction to driving view or mechanism.
15 § 3705. Opening and closing vehicle doors.
16 § 3706. Riding in house trailers, MOBILE HOMES or boats or <--
17 trailers.
18 § 3707. Driving or stopping close to fire apparatus.
19 § 3708. Unauthorized driving over fire hose.
20 § 3709. Depositing waste and other material on highway.
21 § 3710. Stopping at intersection or crossing to prevent
22 obstruction.
23 § 3711. Careless driving.
24 § 3712. Unauthorized persons and devices hanging on vehicles.
25 § 3713. Abandonment and stripping of vehicles.
26 § 3714. Railroad trains not to block crossings.
27 Subchapter B. Serious Traffic Offenses
28 § 3731. Reckless driving.
29 § 3732. Driving under influence of alcohol or controlled
30 substance.
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1 § 3733. Homicide by vehicle.
2 § 3734. Fleeing or attempting to elude police officer.
3 § 3735. Driving without lights to avoid identification or
4 arrest.
5 Subchapter C. Accidents and Accident Reports
6 § 3741. Application of subchapter.
7 § 3742. Accidents involving death or personal injury.
8 § 3743. Accidents involving damage to attended vehicle or
9 property.
10 § 3744. Duty to give information and render aid.
11 § 3745. Accidents involving damage to unattended vehicle or
12 property.
13 § 3746. Immediate notice of accident to police department.
14 § 3747. Written report of accident by driver or owner.
15 § 3748. False reports.
16 § 3749. Reports by coroners and medical examiners.
17 § 3750. Reports by garages.
18 § 3751. Reports by police.
19 § 3752. Accident report forms.
20 § 3753. Department to tabulate and analyze accident reports.
21 PART IV. VEHICLE CHARACTERISTICS
22 Chapter 41. Equipment Standards
23 § 4101. Purpose of part.
24 § 4102. Definitions.
25 § 4103. Promulgation of vehicle equipment standards.
26 § 4104. Testing and approval of equipment.
27 § 4105. Revocation and renewal of certificates of approval.
28 § 4106. Market surveillance program.
29 § 4107. Unlawful activities.
30 § 4108. Injunctive relief.
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1 Chapter 43. Lighting Equipment
2 § 4301. Promulgation of regulations by department.
3 § 4302. Period for requiring lighted lamps.
4 § 4303. General lighting requirements.
5 § 4304. Obstructed lights not required.
6 § 4305. Vehicular hazard signal lamps.
7 § 4306. Use of multiple-beam road lighting equipment.
8 § 4307. Use and display of illuminated signs.
9 Chapter 45. Other Required Equipment
10 Subchapter A. Brake Equipment
11 § 4501. Promulgation of regulations by department.
12 § 4502. General requirements for braking systems.
13 Subchapter B. Safety and Anti-pollution Equipment
14 § 4521. Promulgation of regulations by department.
15 § 4522. Violation of Federal statute or regulation.
16 § 4523. Exhaust systems, mufflers and noise control.
17 § 4524. Windshield obstructions and wipers.
18 § 4525. Tire equipment and traction surfaces.
19 § 4526. Safety glass.
20 § 4527. Television equipment.
21 § 4528. Fire extinguishers.
22 § 4529. Slow moving vehicle emblem.
23 § 4530. Portable emergency warning devices.
24 § 4531. Emission control systems.
25 § 4532. Smoke control for diesel-powered motor vehicles.
26 § 4533. Spray protection.
27 § 4534. Rear-view mirrors.
28 § 4535. Audible warning devices.
29 § 4536. Bumpers.
30 Subchapter C. Vehicles for Transportation of School Children
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1 § 4551. Safety regulations.
2 § 4552. General requirements for school buses.
3 § 4553. General requirements for other vehicles transporting
4 school children.
5 Subchapter D. Equipment of Authorized and Emergency Vehicles
6 § 4571. Visual and audible signals on emergency vehicles.
7 § 4572. Visual signals on authorized vehicles.
8 Chapter 47. Inspection of Vehicles
9 Subchapter A. Inspection Requirements
10 § 4701. Duty to comply with inspection laws.
11 § 4702. Requirement for periodic inspection of vehicles.
12 § 4703. Operation of vehicle without official certificate of
13 inspection.
14 § 4704. Notice by police officers of violation.
15 § 4705. Inspection of vehicles for transportation of school
16 children.
17 Subchapter B. Official Inspection Stations
18 § 4721. Appointment of official inspection stations.
19 § 4722. Certificate of appointment.
20 § 4723. Certificate of appointment for inspecting fleet
21 vehicles.
22 § 4724. Suspension of certificates of appointment.
23 § 4725. Use of certificate of appointment at official
24 inspection stations.
25 § 4726. Certification of mechanics.
26 § 4727. Issuance of certificate of inspection.
27 § 4728. Display of certificate of inspection.
28 § 4729. Removal of certificate of inspection.
29 § 4730. Violations of use of certificate of inspection.
30 § 4731. Records of inspections and certificates issued.
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1 § 4732. Inspection Advisory Board.
2 Chapter 49. Size, Weight and Load
3 Subchapter A. General Provisions
4 § 4901. Scope and application of chapter.
5 § 4902. Restrictions on use of highways and bridges.
6 § 4903. Securing loads in vehicles.
7 § 4904. Limits on number of towed vehicles.
8 § 4905. Safety requirements for towed vehicles.
9 § 4906. Fire apparatus.
10 § 4907. Penalty for violation of chapter.
11 Subchapter B. Width, Height, and Length
12 § 4921. Width of vehicles.
13 § 4922. Height of vehicles.
14 § 4923. Length of vehicles.
15 § 4924. Limitations on length of projecting loads.
16 § 4925. Width of projecting loads on passenger vehicles.
17 Subchapter C. Maximum Weights of Vehicles
18 § 4941. Maximum gross weight of vehicles.
19 § 4942. Registered gross weight.
20 § 4943. Maximum axle weight of vehicles.
21 § 4944. Maximum wheel and tire loads LOAD. <--
22 § 4945. Penalties for exceeding maximum weights.
23 § 4946. Impoundment of vehicles for nonpayment of overweight
24 fines.
25 § 4947. Disposition of impounded vehicles and loads.
26 § 4948. Maximum weight and seating capacity of buses.
27 Subchapter D. Special Permits for Excessive Size and Weight
28 § 4961. Authority to issue permits.
29 § 4962. Conditions of permits and security for damages.
30 § 4963. Exemptions for vehicles used in State highway
19750H1817B2873 - 16 -
1 construction.
2 § 4964. Oral authorization following emergency or accident.
3 § 4965. Single permits for multiple highway crossings.
4 § 4966. Permit for movement of quarry equipment.
5 § 4967. Permit for movement of implements of husbandry.
6 § 4968. Permit for movement of equipment being manufactured.
7 Subchapter E. Measuring and Adjusting Vehicle Size and
8 Weight
9 § 4981. Weighing and measurement of vehicles.
10 § 4982. Reducing or readjusting loads of vehicles.
11 § 4983. Penalty for violation of subchapter.
12 PART V. ADMINISTRATION AND ENFORCEMENT
13 Chapter 61. Powers of Department and Local Authorities
14 Subchapter A. General Provisions
15 § 6101. Applicability and uniformity of title.
16 § 6102. Powers and duties of department and local authorities.
17 § 6103. Promulgation of rules and regulations by department.
18 § 6104. Administrative duties of department.
19 § 6105. Department to prescribe traffic and engineering
20 investigations.
21 § 6106. Designation of emergency vehicles by department.
22 § 6107. Designation of authorized vehicles by department.
23 § 6108. Power of Governor during emergency.
24 § 6109. Specific powers of department and local authorities.
25 § 6110. Regulation of traffic on Pennsylvania Turnpike.
26 § 6111. Regulation of traffic on bridges under authority of
27 interstate commissions.
28 § 6112. Removal of traffic hazards by property owner.
29 § 6113. Control of public travel on private property by owner.
30 § 6114. Limitation on sale, publication and disclosure of
19750H1817B2873 - 17 -
1 records.
2 Subchapter B. Traffic-control Devices
3 § 6121. Uniform system of traffic-control devices.
4 § 6122. Authority to erect traffic-control devices.
5 § 6123. Erection of traffic-control devices while working.
6 § 6124. Erection of traffic-control devices at intersections.
7 § 6125. Display of unauthorized signs, signals or markings.
8 § 6126. Interference with devices, signs or signals.
9 § 6127. Dealing in nonconforming traffic-control devices.
10 Subchapter C. Reciprocity
11 § 6141. Declaration of policy.
12 § 6142. Reciprocity agreements, arrangements and declarations
13 authorized.
14 § 6143. Benefits, privileges and exemptions from taxes and
15 fees.
16 § 6144. Vehicle registration and licensing.
17 § 6145. Proportional registration of fleet vehicles.
18 § 6146. Enforcement agreements.
19 § 6147. Declaration of reciprocity in absence of agreement.
20 § 6148. Applicability to leased vehicles.
21 § 6149. Automatic reciprocity.
22 § 6150. Proportional registration not exclusive.
23 § 6151. Suspension of reciprocity benefits.
24 § 6152. Form, publication and distribution of documents.
25 § 6153. Existing reciprocity agreements unaffected.
26 Chapter 63. Enforcement
27 Subchapter A. General Provisions
28 § 6301. Prosecutions under local ordinances superseded by
29 title.
30 § 6302. Limitation of actions for summary offenses.
19750H1817B2873 - 18 -
1 § 6303. Rights and liabilities of minors.
2 § 6304. Disposition of license upon violation by licensee. <--
3 § 6305. 6304. Arrest of nonresident. <--
4 § 6306. 6305. Costs for summary offenses. <--
5 § 6307. 6306. Liability for costs not paid by defendant. <--
6 § 6308. 6307. Investigation by police officers. <--
7 § 6309. 6308. Falsification. <--
8 Subchapter B. Records of Traffic Cases
9 § 6321. Records of issuing authorities.
10 § 6322. Reports by issuing authorities.
11 § 6323. Reports by courts of record.
12 § 6324. Failure to comply with provisions of subchapter.
13 § 6325. Department records.
14 § 6326. Traffic citation forms.
15 Subchapter C. Evidentiary Matters
16 § 6341. Admissibility of copies of records as evidence.
17 § 6342. Registration number as prima facie evidence of
18 operation.
19 Chapter 65. Penalties and Disposition of Fines
20 § 6501. Definition of conviction.
21 § 6502. Designation of summary offenses and penalties. <--
22 SUMMARY OFFENSES. <--
23 § 6503. Penalties for misdemeanors. MISDEMEANORS. <--
24 § 6504. Penalties for felonies. FELONIES. <--
25 § 6505. Inability to pay fine and costs.
26 § 6506. Disposition of fines and forfeitures.
27 Chapter 67. Service of Process on Nonresidents
28 § 6701. Service of process on nonresident.
29 § 6702. Residents who depart Commonwealth or whose whereabouts
30 are unknown.
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1 § 6703. Personal representatives of nonresidents.
2 § 6704. Manner of service of process.
3 § 6705. Record of service of process.
4 PART VI. MISCELLANEOUS PROVISIONS
5 Chapter 71. Vehicle Theft and Related Provisions
6 Subchapter A. Identification Number
7 § 7101. Removal or falsification of identification number.
8 § 7102. Dealing in vehicles with removed or falsified numbers.
9 § 7103. State replacement vehicle identification number plate.
10 § 7104. Seizure of vehicles with removed or falsified numbers.
11 Subchapter B. Stolen Vehicles
12 § 7111. Dealing in titles and plates for stolen vehicles.
13 § 7112. False report of theft or conversion of vehicle.
14 § 7113. Reporting stolen and recovered vehicles.
15 § 7114. Records of stolen vehicles.
16 § 7115. Application for certificate of title of a stolen
17 vehicle.
18 § 7116. Fraudulent removal of vehicle from garage.
19 Subchapter C. Misuse of Documents and Plates
20 § 7121. False application for certificate of title or
21 registration.
22 § 7122. Altered, forged or counterfeit documents and plates.
23 § 7123. Sale or purchase of certificate or other document.
24 § 7124. Fraudulent use or removal of registration plate.
25 Chapter 73. Abandoned Vehicles and Cargos
26 § 7301. Authorization of salvors.
27 § 7302. Certificate of authorization.
28 § 7303. Suspension of authorization.
29 § 7304. Reports to department of possession of abandoned
30 vehicles.
19750H1817B2873 - 20 -
1 § 7305. Notice to owner and lienholders of abandoned vehicles.
2 § 7306. Payment of costs upon reclaiming vehicle.
3 § 7307. Authorization for disposal of unclaimed vehicles.
4 § 7308. Public sale of unclaimed vehicles with value.
5 § 7309. Junking of vehicles valueless except for junk.
6 § 7310. Removal of vehicles and spilled cargo from roadway.
7 § 7311. Reports by garage keepers of abandoned vehicles.
8 § 7312. Penalty for violation of chapter.
9 Chapter 75. Messenger Service
10 § 7501. Authorization of messenger service.
11 § 7502. Certificate of authorization.
12 § 7503. Suspension of authorization.
13 § 7504. Place of business.
14 § 7505. Transaction of business with department.
15 § 7506. Violations and penalties.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Title 75, act of November 25, 1970 (P.L.707,
19 No.230), known as the Pennsylvania Consolidated Statutes, is
20 amended by adding parts to read:
21 TITLE 75
22 VEHICLES
23 Part
24 I. Preliminary Provisions
25 II. Title, Registration and Licensing
26 III. Operation of Vehicles
27 IV. Vehicle Characteristics
28 V. Administration and Enforcement
29 VI. Miscellaneous Provisions
30 PART I
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1 PRELIMINARY PROVISIONS
2 Chapter
3 1. General Provisions
4 CHAPTER 1
5 GENERAL PROVISIONS
6 Sec.
7 101. Short title of title.
8 102. Definitions.
9 103. Uniformity of interpretation.
10 104. Continuation of existing law.
11 § 101. Short title of title.
12 This title shall be known and may be cited as the "Vehicle
13 Code."
14 § 102. Definitions.
15 Subject to additional definitions contained in subsequent
16 provisions of this title which are applicable to specific
17 provisions of this title, the following words and phrases when
18 used in this title shall have, unless the content clearly
19 indicates otherwise, the meanings given to them in this section:
20 "Abandoned vehicle."
21 (1) A vehicle:
22 (i) that is inoperable and is left unattended on
23 public property for more than 48 hours;
24 (ii) that has remained illegally on public property
25 for a period of more than 48 hours;
26 (iii) without a valid registration plate or
27 certificate of inspection or title left unattended on or
28 along a highway; or
29 (iv) that has remained on private property without
30 the consent of the owner or person in control of the
19750H1817B2873 - 22 -
1 property for more than 48 hours.
2 (2) Vehicles and equipment used or to be used in
3 construction or in the operation or maintenance of public
4 utility facilities, which are left in a manner which does not
5 interfere with the normal movement of traffic, shall not be
6 considered to be abandoned.
7 "Alley." A street or highway intended to provide access to
8 the rear or side of lots or buildings in urban districts and not
9 intended for the purpose of through vehicular traffic.
10 "Antique motor vehicle." A motor vehicle, but not a
11 reproduction thereof, manufactured more than 25 years prior to
12 the current year which has been maintained in or restored to a
13 condition which is substantially in conformance with
14 manufactured specifications.
15 "Authorized vehicle." A vehicle or type of vehicle, other
16 than an emergency vehicle, for which special operating or
17 equipment privileges are given by law or regulation of the
18 department based on design and utility for work within a
19 highway.
20 "BICYCLE." ANY DEVICE PROPELLED SOLELY BY HUMAN POWER. <--
21 "Bus." A motor vehicle designed for carrying more than ten
22 passengers, EXCLUSIVE OF THE DRIVER, and used for the <--
23 transportation of persons and a motor vehicle, other than a
24 taxicab, designed and used for the transportation of persons for
25 compensation.
26 "Business district." The territory contiguous to and
27 including a highway when within any 600 feet along the highway
28 there are buildings in use for business or industrial purposes,
29 including but not limited to hotels, banks, or office buildings,
30 railroad stations and public buildings which occupy at least 300
19750H1817B2873 - 23 -
1 feet of frontage on one side or 300 feet collectively on both
2 sides of the highway.
3 "Classic motor vehicle." A self-propelled vehicle, but not a
4 reproduction thereof, manufactured more than ten years prior to
5 the current year and, because of discontinued production and
6 limited availability, determined by the department to be a model
7 or make of significant value to collectors or exhibitors and
8 which has been maintained in or restored to a condition which is
9 substantially in conformity with manufacturer specifications and
10 appearance.
11 "Combination." Two or more vehicles physically
12 interconnected in tandem.
13 "Crosswalk."
14 (1) That part of a roadway at an intersection included
15 within the connections of the lateral lines of the sidewalks
16 on opposite sides of the highway, measured from the curbs or,
17 in the absence of curbs, from the edges of the traversable
18 roadway; and, in the absence of a sidewalk on one side of the
19 roadway, that part of a roadway included within the extension
20 of the lateral lines of the existing sidewalk.
21 (2) Any portion of a roadway at an intersection or
22 elsewhere distinctly indicated for pedestrian crossing by
23 lines or other markings on the surface.
24 "Dealer." A person engaged in the business of buying,
25 selling or exchanging vehicles.
26 "Department." The Department of Transportation of the
27 Commonwealth.
28 "Divided highway." A highway divided into two or more
29 roadways and so constructed as to impede vehicular traffic
30 between the roadways by providing an intervening space, physical
19750H1817B2873 - 24 -
1 barrier or clearly indicated dividing section.
2 "Driveaway-towaway operation." Any operation in which any
3 motor vehicle, trailer or semi-trailer, singly or in
4 combination, constitutes the commodity being transported, when
5 one set or more of wheels of the vehicle are on the highway
6 during the course of transportation, whether or not the vehicle
7 furnished the motive power.
8 "Driver." A person who drives or is in actual physical
9 control of a vehicle.
10 "Driver's license." A license or permit to drive a motor
11 vehicle issued under this title including a receipt issued under <--
12 section 6304(a) (relating to disposition of license upon
13 violation by licensee).
14 "Emergency vehicle." A fire department vehicle, police
15 vehicle, ambulance and, ARMED FORCES EMERGENCY VEHICLE, ONE <--
16 PRIVATE VEHICLE OF A FIRE OR POLICE CHIEF OR ASSISTANT CHIEF OF
17 AMBULANCE CORPS COMMANDER OR ASSISTANT COMMANDER OR OF A RIVER
18 RESCUE COMMANDER USED FOR ANSWERING EMERGENCY CALLS or other
19 vehicle designated by the secretary under section 6106 (relating
20 to designation of emergency vehicles by department).
21 "Engineering and traffic study." An orderly examination or
22 analysis of physical features and traffic conditions conducted
23 in accordance with regulations of the department and conforming
24 to generally accepted engineering standards and practices for
25 the purpose of ascertaining the need or lack of need for a
26 particular action by the department or local authorities.
27 "Essential parts." All integral and body parts of a vehicle
28 of a type required to be registered under this title, the
29 removal, alteration or substitution of which would tend to
30 conceal the identity of the vehicle or substantially alter its
19750H1817B2873 - 25 -
1 appearance, model, type or mode of operation.
2 "Established place of business." The place actually occupied
3 either continuously or at regular periods by a dealer,
4 manufacturer or other vehicle-related business where the books
5 and records are kept and a large share of the business is
6 transacted.
7 "Exhibit." Surrender of a document into the temporary
8 possession of a person for the purpose of examining the
9 document.
10 "Farm truck." A truck used exclusively for farming purposes.
11 "Fleet owner." A person owning or leasing 15 or more
12 vehicles who provides servicing and repair of the vehicles.
13 "Foreign vehicle." A vehicle of a type required to be
14 registered under this title brought into this Commonwealth from
15 another state, territory or country other than in the ordinary
16 course of business by or through a manufacturer or dealer and
17 not registered in this Commonwealth.
18 "Freeway." A limited-access highway to which the only means
19 of ingress and egress is by interchange ramps.
20 "Full trailer." A vehicle designed to be drawn by a motor
21 vehicle and so constructed that no part of its weight rests upon
22 the towing vehicle. A semi-trailer attached to a towing vehicle
23 by means of an auxiliary front axle or dolly shall be deemed to
24 be a full trailer.
25 "Gross combination weight rating (GCWR)." The value
26 specified by the manufacturer as the loaded weight of a
27 combination.
28 "Gross vehicle weight rating (GVWR)." The value specified by
29 the manufacturer as the loaded weight of a single vehicle.
30 "Gross weight." The combined weight of a vehicle or
19750H1817B2873 - 26 -
1 combination of vehicles and its load and driver.
2 "Highway." The entire width between the boundary lines of
3 every way publicly maintained when any part thereof is open to
4 the use of the public for purposes of vehicular travel. The term
5 includes a roadway open to the use of the public for vehicular
6 travel on grounds of a college or university OR PUBLIC OR <--
7 PRIVATE SCHOOL.
8 "House trailer."
9 (1) A trailer which is designed, constructed and
10 equipped as a dwelling place, living abode or sleeping place
11 (either permanently or temporarily) and is equipped for use
12 as a conveyance on streets and highways.
13 (2) A trailer containing a chassis and exterior shell
14 designed and constructed for use as a house trailer, as
15 defined in paragraph (1), but which is used permanently or
16 temporarily for advertising, sales, display or promotion of
17 merchandise or services, or for any other commercial purpose
18 except the transportation of property.
19 "Implement of husbandry." A vehicle designed or adapted and
20 used exclusively for agricultural operations and, AS DETERMINED <--
21 BY DEPARTMENT REGULATIONS, only incidentally operated or moved
22 upon the highway.
23 "Intersection."
24 (1) The area embraced within the prolongation or
25 connection of the lateral curb lines, or, if none, then the
26 lateral boundary lines of the roadways of two highways which
27 join one another at, or approximately at, right angles, or
28 the area within which vehicles traveling upon different
29 highways joining at any other angle may come in conflict.
30 (2) Where a highway includes two roadways 30 feet or
19750H1817B2873 - 27 -
1 more apart, then every crossing of each roadway of the
2 divided highway by an intersecting highway shall be regarded
3 as a separate intersection. In the event the intersecting
4 highway also includes two roadways 30 feet or more apart,
5 then every crossing of two roadways of the highways shall be
6 regarded as a separate intersection.
7 "Issuing authority." A public official having the power and
8 authority of a justice of the peace, magistrate or district
9 justice.
10 "Laned roadway." A roadway which is divided into two or more
11 clearly marked lanes for vehicular traffic.
12 "Learner's permit." A driver's license issued for the
13 purpose of learning to operate a motor vehicle.
14 "Lienholder." A person holding a security interest in a
15 vehicle.
16 "Limited access highway." A highway in respect to which
17 owners or occupants of abutting lands and other persons have no
18 legal right of access except at points and in the manner
19 determined by the authority having jurisdiction over the
20 highway.
21 "Local authorities." County, municipal and other local
22 boards or bodies having authority to enact laws relating to
23 traffic.
24 "Manufacturer." A person engaged in the business of
25 constructing or assembling vehicles or motors or bodies of
26 vehicles.
27 "Manufacturer's shipping weight." The weight of a vehicle
28 including all installed options as delivered for retail sale by
29 the final stage manufacturer and as indicated on the
30 manufacturer's certificate of origin.
19750H1817B2873 - 28 -
1 "Messenger service." A person who, for a fee, advertises,
2 offers or provides to the public the service of obtaining from
3 the department vehicle titles, registrations, drivers' licenses
4 and similar documents. A dealer who obtains documents only for
5 purchasers of vehicles from the dealer is not a messenger
6 service.
7 "Mobile home." A trailer designed and used exclusively for
8 living quarters or commercial purposes which exceeds the maximum
9 size limitations prescribed by this title for operation on a
10 highway and is only incidentally operated on a highway,
11 including a unit transported on a removable or non-removable
12 frame designed so as to be assembled together with another unit
13 or units into a structure which is used exclusively for living
14 quarters, commonly known as a "modular unit."
15 "Motor home." A motor vehicle designed, used or maintained <--
16 primarily OR ADAPTED FOR USE as a mobile dwelling, office or <--
17 commercial space, EXCEPT A MOTOR VEHICLE EQUIPPED WITH A TRUCK <--
18 CAMPER.
19 "Motor vehicle." A vehicle which is self-propelled except
20 one which is propelled by electric power obtained from overhead
21 trolley wires, but not operated upon rails.
22 "Motorcycle." A motor vehicle having a seat or saddle for
23 the use of the rider and designed to travel on not more than
24 three wheels in contact with the ground.
25 "Motor-driven cycle." A motorcycle, including a motor
26 scooter, with a motor which produces not to exceed five brake
27 horsepower, and every bicycle with motor attached.
28 "Motorized bicycle." A motor-driven cycle equipped with
29 operable pedals, a motor rated no more than 1.5 brake
30 horsepower, a cylinder capacity not exceeding 50 cubic
19750H1817B2873 - 29 -
1 centimeters, an automatic transmission, and a maximum design
2 speed of no more than 25 miles per hour.
3 "Nondivisible." Incapable of being divided into parts or
4 dismembered without substantially damaging its usefulness or
5 value.
6 "Nonresident." A person who is not a resident of this
7 Commonwealth.
8 "Number." When used in the context of identification means a
9 series of numerals or letters or both, with or without a prefix
10 or suffix.
11 "Official traffic-control devices." Signs, signals, markings
12 and devices not inconsistent with this title placed or erected
13 by authority of a public body or official having jurisdiction,
14 for the purpose of regulating, warning or guiding traffic.
15 "Operating privilege." The privilege to apply for and obtain
16 a license to use as well as the privilege to use a vehicle on a
17 highway as authorized in this title, but not a contract,
18 property right or civil right.
19 "Overtime parking." The continuous parking of a vehicle for
20 a period of time exceeding the maximum period established by
21 law.
22 "Owner." A person, other than a lienholder, having the
23 property right in or title to a vehicle. The term includes a
24 person entitled to the use and possession of a vehicle subject
25 to a security interest in another person, but excludes a lessee
26 under a lease not intended as security.
27 "Park" or "parking."
28 (1) When permitted, means the temporary storing of a
29 vehicle, whether occupied or not, off the roadway.
30 (2) When prohibited, means the halting of a vehicle,
19750H1817B2873 - 30 -
1 whether occupied or not, except momentarily for the purpose
2 of and while actually engaged in loading or unloading
3 property or passengers.
4 "Passenger car." A motor vehicle, except a motorcycle or
5 motor-driven cycle, designed for carrying ten passengers or
6 less, and primarily used for the transportation of persons. <--
7 "Pedestrian." A natural person afoot.
8 "Pennsylvania Turnpike." The highway system owned and
9 operated by the Pennsylvania Turnpike Commission.
10 "Person." A natural person, firm, copartnership, association
11 or corporation.
12 "Police officer." A natural person authorized to direct or
13 regulate traffic and to make arrests for violations of traffic
14 regulations.
15 "Private road or driveway." A way or place in private
16 ownership and used for vehicular travel by the owner and those
17 having express or implied permission from the owner, but not by
18 other persons.
19 "Proof of insurance." A card issued by an insurance carrier
20 in compliance with regulations of the Insurance Commissioner
21 evidencing that a vehicle is covered by the insurance required
22 in section 104(a) of the act of July 19, 1974 (P.L.489, No.176),
23 known as the "Pennsylvania No-fault Motor Vehicle Insurance Act"
24 and regulations issued thereunder, or a card evidencing that a
25 vehicle is self-insured in compliance with that act and
26 regulations.
27 "Railroad grade crossing." One or more railroad tracks, but
28 not streetcar tracks, which intersect or cross a highway at the
29 same level or grade.
30 "Railroad sign or signal." A sign, signal or device erected
19750H1817B2873 - 31 -
1 by authority of a public body or official or by a railroad and
2 intended to give notice of the presence of railroad tracks or
3 the approach of a railroad train.
4 "Recall." To withdraw by formal action of the department for
5 an indefinite period the operating privilege of a person for
6 reasons of incompetency.
7 "Reconstructed vehicle." A vehicle of a type required to be
8 registered under this title materially altered from its original
9 construction by the removal, addition or substitution of
10 essential parts, new or used.
11 "Registered gross weight." The maximum gross weight at which
12 a vehicle or combination is registered in this Commonwealth to
13 operate upon a highway.
14 "Registration." The authority for a vehicle to operate on a
15 highway as evidenced by the issuance of an identifying card and
16 plate or plates.
17 "Residence district." The territory contiguous to and
18 including a highway not comprising a business district when the
19 property on the highway for a distance of 300 feet or more is in
20 the main improved with residences or residences and buildings in
21 use for business.
22 "Resident." A person dwelling permanently or continuously
23 for a period exceeding 30 consecutive days within this
24 Commonwealth, except that a person who regularly dwells in two
25 or more states shall declare residence to be in any one of the
26 states.
27 "Revoke." To terminate by formal action of the department
28 any license, registration or privilege issued or granted by the
29 department. Following a period of revocation, the license,
30 registration or privilege may not be restored except upon
19750H1817B2873 - 32 -
1 submission and acceptance of a new application.
2 "Right-of-way." The right of one vehicle or pedestrian to
3 proceed in a lawful manner in preference to another vehicle or
4 pedestrian approaching under such circumstances of direction,
5 speed and proximity as to give rise to danger or collision
6 unless one grants precedence to the other.
7 "Roadway." That portion of a highway improved, designed or
8 ordinarily used for vehicular travel, exclusive of the berm or
9 shoulder. In the event a highway includes two or more separate
10 roadways the term "roadway" refers to each roadway separately
11 but not to all such roadways collectively.
12 "Safety zone." The area or space officially set apart within
13 a roadway for the exclusive use of pedestrians.
14 "Salvor." A person engaged in the business of acquiring
15 abandoned vehicles for the purpose of taking apart, junking,
16 selling, rebuilding or exchanging the vehicles or parts thereof.
17 "School bus." A motor vehicle which complies with the color
18 and lighting identification requirements of section 4552
19 (relating to general requirements for school buses).
20 "Secretary." The Secretary of Transportation of the
21 Commonwealth.
22 "Security interest." An interest in a vehicle reserved or
23 created by agreement which secures payment or performance of an
24 obligation. The term includes the interest of a lessor under a
25 lease intended as security. A security interest is perfected
26 when it is valid against third parties generally, subject only
27 to specific statutory exceptions.
28 "Semi-trailer." A vehicle designed to be towed by a motor
29 vehicle and so constructed that some part of its weight rests
30 upon or is carried by the towing vehicle.
19750H1817B2873 - 33 -
1 "Shall." Indicates that an action is required or prohibited.
2 "Should." Indicates that an action is advisable but not
3 required.
4 "Sidewalk." That portion of a street between curb lines, or
5 the lateral lines of a roadway, and the adjacent property lines,
6 intended for use by pedestrians.
7 "Special mobile equipment." Vehicles not designed or used
8 primarily for the transportation of persons or property and only
9 incidentally operated or moved over a highway, including but not
10 limited to: ditch digging apparatus, well boring apparatus;
11 earth moving and road construction and maintenance machinery,
12 such as asphalt spreaders, bituminous mixers, bucket loaders,
13 snowplows, ditchers, graders, finishing machines, road rollers,
14 scarifiers, earth moving carry-alls, scrapers, power shovels and
15 drag lines; and self-propelled cranes and tractors, other than
16 truck tractors. The term does not include house trailers; dump
17 trucks; truck-mounted transit mixers, cranes or shovels; or
18 other vehicles designed for the transportation of persons or
19 property to which machinery has been attached.
20 "Specially constructed vehicle." A vehicle of a type
21 required to be registered not originally constructed under a
22 distinctive name, make, model or type by a generally recognized
23 manufacturer of vehicles and not materially altered from its
24 original construction.
25 "Stand" or "standing." When prohibited, means the halting of
26 a vehicle, whether occupied or not, except momentarily for the
27 purpose of and while actually engaged in receiving or
28 discharging passengers.
29 "State." A state, territory or possession of the United
30 States, the District of Columbia, the Commonwealth of Puerto
19750H1817B2873 - 34 -
1 Rico or a province of Canada.
2 "State designated highway." A highway or bridge on the
3 system of highways and bridges over which the department has
4 assumed or has been legislatively given jurisdiction.
5 "Stop" or "stopping."
6 (1) When required, means complete cessation from
7 movement.
8 (2) When prohibited, means any halting even momentarily
9 of a vehicle, whether occupied or not, except when necessary
10 to avoid conflict with other traffic or in compliance with
11 the directions of a police officer or traffic-control sign or
12 signal.
13 "Streetcar." A car other than a railroad train for
14 transporting persons or property and operated upon rails.
15 "Suspend." To withdraw temporarily by formal action of the
16 department any license, registration or privilege issued or
17 granted by the department. Following a period of suspension, the
18 department shall restore the license, registration or privilege.
19 "Taxi." A motor vehicle designed for carrying no more than 5 <--
20 FIVE passengers, EXCLUSIVE OF THE DRIVER, and used for the <--
21 transportation of persons for compensation.
22 "Through highway." A highway or portion of a highway on
23 which vehicular traffic is given preferential right-of-way, and
24 at the entrances to which vehicular traffic from intersecting
25 highways is required by law to yield the right-of-way to
26 vehicles on the through highway in obedience to a stop sign,
27 yield sign or other official traffic-control device when the
28 signs or devices are erected as provided in this title.
29 "Tire width." The linear distance between the exteriors of
30 the sidewalls of an uninflated tire, excluding elevations due to
19750H1817B2873 - 35 -
1 labeling, decoration or protective sidebands.
2 "Traffic." Pedestrians, ridden or herded animals, vehicles,
3 streetcars and other conveyances, whether singly or together,
4 using any highway for purposes of travel.
5 "Traffic-control signal." A device, whether manually,
6 electrically or mechanically operated, by which traffic is
7 alternately directed to stop and permitted to proceed.
8 "Trailer." A vehicle designed to be towed by a motor
9 vehicle.
10 "Truck." A motor vehicle designed, used or maintained
11 primarily for the transportation of property.
12 "Truck-camper." A structure designed, used or maintained
13 primarily to be loaded or affixed to a motor vehicle to provide
14 a mobile dwelling, sleeping place, office or commercial space.
15 "Truck tractor." A motor vehicle designed and used primarily
16 for drawing other vehicles and not so constructed as to carry a
17 load other than a part of the weight of the vehicle and load so
18 drawn.
19 "Urban district." The territory contiguous to and including
20 any street which is built up with structures devoted to
21 business, industry or dwelling houses situated at intervals of
22 less than 100 feet for a distance of a quarter of a mile or
23 more.
24 "Urban mass transportation system." A person holding a
25 certificate of the Public Utility Commission or a municipality
26 authority, port authority or transportation authority
27 established under the laws of this Commonwealth that transports
28 persons on schedule over fixed routes and derives over 80% of
29 their revenue from scheduled operations within the county in
30 which they have their principal place of business, or contiguous
19750H1817B2873 - 36 -
1 counties.
2 "Valueless except for junk." A vehicle which is inoperable
3 or unable to meet the vehicle equipment and inspection standards
4 under Part IV (relating to vehicle characteristics) to the
5 extent that the cost of repairs would exceed the value of the
6 repaired vehicle. THE TERM DOES NOT INCLUDE A VEHICLE WHICH <--
7 WOULD QUALIFY AS AN ANTIQUE OR CLASSIC VEHICLE EXCEPT FOR ITS
8 LACK OF RESTORATION OR MAINTENANCE.
9 "Vehicle." Every device in, upon or by which any person or
10 property is or may be transported or drawn upon a highway,
11 except devices moved by human or animal power or used <--
12 exclusively upon rails or tracks.
13 "Vehicle identification number." A number consisting of
14 Arabic numerals or Roman numerals or both which the manufacturer
15 assigns to a vehicle for identification purposes, or, in the
16 absence of a manufacturer assigned number, which the department
17 assigns to a vehicle for identification purposes.
18 "Wrecker." A motor vehicle designed or constructed and used
19 for the towing of abandoned or disabled vehicles.
20 § 103. Uniformity of interpretation.
21 This title shall be so interpreted and construed as to
22 effectuate its general purpose to make uniform the law
23 throughout this Commonwealth and all political subdivisions.
24 § 104. Continuation of existing law.
25 The provisions of this title, so far as they are the same as
26 those of existing law, are intended as a continuation of such
27 laws and not as new enactments.
28 PART II
29 TITLE, REGISTRATION AND LICENSING
30 Chapter
19750H1817B2873 - 37 -
1 11. Certificate of Title and Security Interests
2 13. Registration of Vehicles
3 15. Licensing of Drivers
4 17. Financial Responsibility
5 19. Fees
6 CHAPTER 11
7 CERTIFICATE OF TITLE AND SECURITY INTERESTS
8 Subchapter
9 A. Certificate of Title
10 B. Security Interests
11 SUBCHAPTER A
12 CERTIFICATE OF TITLE
13 Sec.
14 1101. Certificate of title required.
15 1102. Vehicles not requiring certificate of title.
16 1103. Application for certificate of title.
17 1104. Examination of records upon receipt of application.
18 1105. Issuance of certificate of title.
19 1106. Content and effect of certificate of title.
20 1107. Delivery of certificate of title.
21 1108. Registration without certificate of title.
22 1109. Refusing issuance of certificate of title.
23 1110. Duplicate certificate of title to replace original.
24 1111. Transfer of ownership of vehicle.
25 1112. Disclosure of odometer reading and tampering with
26 odometer.
27 1113. Transfer to or from manufacturer or dealer.
28 1114. Transfer of vehicle by operation of law.
29 1115. Correction of certificate of title.
30 1116. Issuance of new certificate following transfer.
19750H1817B2873 - 38 -
1 1117. Vehicle destroyed or junked.
2 1118. Suspension and cancellation of certificate of title.
3 1119. Application for certificate of title by agent.
4 § 1101. Certificate of title required.
5 (a) General rule.--Except as provided in section 1102
6 (relating to vehicles not requiring certificate of title), every
7 owner of a vehicle which is in this Commonwealth and for which
8 no certificate of title has been issued by the department shall
9 make application to the department for a certificate of title of
10 the vehicle.
11 (b) Registration without certificate prohibited.--The
12 department shall not register or renew the registration of a
13 vehicle unless a certificate of title has been issued by the
14 department to the owner or an application for a certificate of
15 title has been delivered by the owner to the department.
16 (c) Penalty.--Failure to obtain a certificate of title as
17 required by law is a summary offense.
18 § 1102. Vehicles not requiring certificate of title.
19 No certificate of title need be obtained for:
20 (1) A vehicle owned by the United States unless it is
21 registered in this Commonwealth.
22 (2) A golf cart, motor-driven cycle, go-cart or other
23 similar vehicle unless it is registered in this Commonwealth.
24 (3) A new vehicle owned by a manufacturer or registered
25 dealer before and until sale.
26 (4) A vehicle owned by a nonresident of this
27 Commonwealth and not required by law to be registered in this
28 Commonwealth.
29 (5) A vehicle owned by a resident legally required to be
30 registered in another state, based and used principally
19750H1817B2873 - 39 -
1 outside of this Commonwealth, and not required by law to be
2 registered in this Commonwealth.
3 (6) A vehicle regularly engaged in the interstate
4 transportation of persons or property for which a currently
5 effective certificate of title has been issued in another
6 state.
7 (7) A vehicle moved solely by animal power.
8 (8) An implement of husbandry.
9 (9) Special mobile equipment.
10 (10) A mobile home.
11 § 1103. Application for certificate of title.
12 (a) Contents of application.--Application for a certificate
13 of title shall be made upon a form prescribed and furnished by
14 the department and shall contain a full description of the
15 vehicle, the vehicle identification number, date of purchase,
16 the actual or bona fide name and address of the owner, a
17 statement of the title of applicant, together with any other
18 information or documents the department requires to identify the
19 vehicle and to enable the department to determine whether the
20 owner is entitled to a certificate of title and the amount and
21 description of any security interests in the vehicle.
22 (b) Signing and filing of application.--Application for a
23 certificate of title shall be made within ten days of the sale
24 or transfer of a vehicle or its entry into this Commonwealth
25 from another jurisdiction, whichever is later. The application
26 shall be accompanied by the fee prescribed in this title, and
27 any tax payable by the applicant under the laws of this
28 Commonwealth in connection with the acquisition or use of a
29 vehicle or evidence to show that the tax has been collected. The
30 application shall be signed and verified by oath or affirmation
19750H1817B2873 - 40 -
1 by the applicant if a natural person; in the case of an
2 association or partnership, by a member or a partner; and in the
3 case of a corporation, by an executive officer or some person
4 specifically authorized by the corporation to sign the
5 application.
6 (c) Manufacturer's Statement of Origin for new vehicles.--If
7 the application refers to a new vehicle, it shall be accompanied
8 by the Manufacturer's Statement of Origin for the vehicle.
9 (d) Vehicles purchased from dealers.--If the application
10 refers to a vehicle purchased from a dealer, the dealer shall
11 mail or deliver the application to the department within ten
12 days of the date of purchase. The application shall contain the
13 names and addresses of any lienholders in order of priority, the
14 amounts and the dates of the security agreements, and be
15 assigned by the dealer to the owner and signed by the owner. Any
16 dealer violating this subsection is guilty of a summary offense
17 and shall, upon conviction, be sentenced to pay a fine of $50
18 for each violation.
19 (e) Out-of-state vehicles.--If the application refers to a
20 vehicle last previously titled or registered in another state or
21 country, the following information shall be contained in or
22 accompany the application or be forwarded in support of the
23 application as required by the department:
24 (1) Any certificate of title issued by the other state
25 or country.
26 (2) A tracing of the vehicle identification number taken
27 from the official number plate or, where it is impossible to
28 secure a legible tracing, the verification of a person
29 authorized by the department that the vehicle identification
30 number of the vehicle has been inspected and found to conform
19750H1817B2873 - 41 -
1 to the description given in the application.
2 (3) Any other information and documents the department
3 reasonably requires to establish the ownership of the vehicle
4 and the existence or non-existence of security interests in
5 the vehicle.
6 (f) Foreign vehicles owned by military personnel.--If the
7 application refers to a vehicle last previously registered in
8 another country by a person on active duty in the armed forces
9 of the United States, the department may accept a complete form
10 issued by the United States Department of Defense as evidence of
11 ownership.
12 (g) Specially constructed or reconstructed vehicles.--If the
13 vehicle to be titled is a specially constructed or reconstructed
14 vehicle, that fact shall be stated in the application. The
15 department may promulgate rules and regulations pertaining to
16 the titling of specially constructed or reconstructed vehicles.
17 § 1104. Examination of records upon receipt of application.
18 The department, upon receiving an application for a
19 certificate of title, shall check the vehicle identification
20 number shown in the application against the records of vehicles
21 required to be maintained under section 1105 (relating to
22 issuance of certificate of title) and against the record of
23 stolen vehicles required to be maintained under section 7114
24 (relating to records of stolen vehicles). If the record
25 indicates that the vehicle is stolen, the application and
26 accompanying documents may be retained by the department pending
27 investigation.
28 § 1105. Issuance of certificate of title.
29 (a) General rule.--The department shall file each
30 application received and, when satisfied as to the genuineness
19750H1817B2873 - 42 -
1 and regularity of the application and that the applicant is
2 entitled to the issuance of a certificate of title, shall issue
3 a certificate of title for the vehicle. The department shall use
4 reasonable diligence in ascertaining whether or not the facts
5 stated in the application are true.
6 (b) Maintenance of records.--The department shall maintain a
7 record of all certificates of title issued by the department as
8 follows:
9 (1) Under a distinctive title number assigned to the
10 vehicle.
11 (2) Under the vehicle identification number.
12 (3) Alphabetically, under the name of the owner.
13 (4) In the discretion of the department, by any other
14 method determined by the department.
15 § 1106. Content and effect of certificate of title.
16 (a) Vehicle identification and encumbrances.--A certificate
17 of title shall contain such description and other evidence of
18 identification of the vehicle for which it is issued as the
19 department may deem necessary, together with a statement of any
20 liens or encumbrances including the names and addresses of the
21 holder or holders of the liens or encumbrances.
22 (b) Indication of special prior use.--No person shall assign
23 a certificate of title to any vehicle having seating capacity
24 for nine or less occupants which has been used as a taxicab or
25 for the carrying of passengers for hire, or any vehicle used as
26 a police car, unless the certificate clearly contains notice
27 that the vehicle has been so used. Indication of such use shall
28 be deemed part of the description of the vehicle. Any person
29 violating this subsection is guilty of a summary offense and
30 shall, upon summary conviction, be sentenced to pay a fine of
19750H1817B2873 - 43 -
1 $50.
2 (c) Certificate as evidence and notice.--A certificate of
3 title issued by the department is prima facie evidence of the
4 facts appearing on the certificate. The certificate shall be
5 adequate notice to the Commonwealth, creditors, subsequent
6 lienholders and purchasers that a lien against the vehicle
7 exists.
8 § 1107. Delivery of certificate of title.
9 The certificate of title shall be mailed to the first
10 lienholder or encumbrancer named in the certificate or, if none,
11 to the owner.
12 § 1108. Registration without certificate of title.
13 If the department is not satisfied as to the ownership of the
14 vehicle or that there are no undisclosed security interests in
15 the vehicle, the department may register the vehicle but shall
16 withhold issuance of a certificate of title until the applicant
17 presents documents reasonably sufficient to satisfy the
18 department as to the ownership by the applicant of the vehicle
19 and that there are no undisclosed security interests in the
20 vehicle.
21 § 1109. Refusing issuance of certificate of title.
22 The department may refuse issuance of a certificate of title
23 when it has reasonable grounds to believe:
24 (1) That any required fee has not been paid.
25 (2) That any taxes payable under the laws of this
26 Commonwealth on or in connection with, or resulting from, the
27 acquisition or use of the vehicle have not been paid.
28 (3) That the applicant is not the owner of the vehicle.
29 (4) That the application contains a false or fraudulent
30 statement.
19750H1817B2873 - 44 -
1 (5) That the applicant has failed to furnish required
2 information or documents or any additional information the
3 department reasonably requires.
4 § 1110. Duplicate certificate of title to replace original.
5 (a) Application for duplicate.--In the event of a lost,
6 destroyed, defaced, stolen or illegible certificate of title,
7 application for a duplicate may be made by furnishing
8 information satisfactory to the department upon a form
9 prescribed and furnished by the department. The form shall be
10 signed by the first lienholder or, if none, the owner or legal
11 representative of the owner, verified by oath or affirmation of
12 the applicant, accompanied by the fee provided in this title.
13 (b) Status of original and duplicate.--If the original
14 certificate of title is found after the duplicate is issued, the
15 original title shall be returned to the department with an
16 explanation. Only the duplicate title is valid once issued.
17 Subsequent transfer of ownership can be made only on the
18 duplicate.
19 § 1111. Transfer of ownership of vehicle.
20 (a) Duty of transferor.--In the event of the sale or
21 transfer of the ownership of a vehicle within this Commonwealth,
22 the owner shall execute an assignment and warranty of title to
23 the transferee in the space provided on the certificate or as
24 the department prescribes, sworn to before a notary public or
25 other officer empowered to administer oaths, and deliver the
26 certificate to the transferee at the time of the delivery of the
27 vehicle.
28 (b) Duty of transferee.--Except as otherwise provided in
29 section 1113 (relating to transfer to or from manufacturer or
30 dealer), the transferee shall, with ten days of the assignment
19750H1817B2873 - 45 -
1 or reassignment of the certificate of title, apply for a new
2 title by presenting to the department the properly completed
3 certificate of title, sworn to before a notary public or other
4 officer empowered to administer oaths, and accompanied by such
5 forms as the department may require.
6 (c) Penalty.--Any person violating subsection (a) shall be
7 guilty of a summary offense and shall, upon conviction, be
8 sentenced to pay a fine of $100 for a first offense; and shall
9 be guilty of a misdemeanor of the third degree for a second or
10 subsequent offense and shall, upon conviction, be sentenced to
11 pay a fine of not less than $300.
12 § 1112. Disclosure of odometer reading and tampering with
13 odometer.
14 (a) Statement by transferor of odometer reading.--Each
15 transferor of a motor vehicle shall furnish to the transferee at
16 the time of transfer a written statement disclosing the odometer
17 reading of the vehicle at the time of transfer and the date of
18 the transfer. The statement shall be signed by the transferor on
19 such form as the department may prescribe.
20 (b) Statement when actual mileage unknown.--If the
21 transferor knows that the odometer reading differs from the
22 number of miles the vehicle has actually traveled, and that the
23 difference is greater than that caused by odometer calibration
24 error, the transferor shall include a statement that the actual
25 vehicle mileage is unknown.
26 (c) Tampering with odometer.--Except for purposes of repair
27 or replacement, it is unlawful for any person to disconnect,
28 turn back, tamper with or reset an odometer of any motor
29 vehicle.
30 (d) Exceptions.--The transferor of the following types of
19750H1817B2873 - 46 -
1 motor vehicles need not disclose the odometer reading of the
2 vehicle:
3 (1) A motor vehicle having a gross vehicle weight rating
4 of more than 16,000 pounds.
5 (2) A motor vehicle 25 years or older.
6 (3) A motor vehicle transferred between dealers prior to
7 first retail sale.
8 (e) Penalties.--Any person violating subsection (a) or (b)
9 is guilty of a summary offense and shall, upon conviction, be
10 sentenced to pay a fine of $100. Any person violating subsection
11 (c) is guilty of a summary offense and shall, upon conviction,
12 be sentenced to pay a fine of $300.
13 § 1113. Transfer to or from manufacturer or dealer.
14 (a) Transfer to manufacturer or dealer.--When the purchaser
15 or transferee of a vehicle is a manufacturer or registered
16 dealer who holds the vehicle for resale, a certificate of title
17 need not be applied for as provided for in section 1111
18 (relating to transfer of ownership of vehicle) but the
19 manufacturer or dealer shall, within ten days from the date of
20 assignment of the certificate of title to the manufacturer or
21 dealer, notify the department, upon a form prescribed and
22 furnished by the department, of the acquisition of the vehicle.
23 Notification as authorized in this section may not be used in
24 excess of three consecutive transactions after which time an
25 application shall be made for a certificate of title.
26 (b) Execution and display of notice of transfer.--The
27 manufacturer or dealer making notification as to any vehicle
28 acquired pursuant to subsection (a) shall execute at least three
29 copies, the original of which shall be forwarded to the
30 department, one copy to accompany the vehicle on any subsequent
19750H1817B2873 - 47 -
1 transfer and one copy to be retained by the manufacturer or
2 dealer for at least one year after a subsequent transfer, to be
3 exhibited, with the assigned certificate of title, upon request
4 of any police officer or authorized department employee.
5 (c) Transfer from manufacturer or dealer.--The manufacturer
6 or dealer, upon transferring his interest in the vehicle, shall,
7 except as otherwise provided in this section when the transferee
8 is another manufacturer or dealer, execute an assignment and
9 warranty of title to the transferee in the space provided on the
10 certificate or as the department prescribes. The transferee
11 shall complete the application for certificate of title in the
12 name of the transferee. The certificate of title and any other
13 required forms shall be forwarded by the dealer or manufacturer
14 to the department within ten days of the transfer.
15 (d) Exception for repossessed vehicles.--This section does
16 not apply to a vehicle repossessed upon default of performance
17 of a lease, contract of conditional sale or similar agreement.
18 (e) Penalty.--Any manufacturer or dealer violating any of
19 the provisions of this section is guilty of a summary offense
20 and shall, upon conviction, be sentenced to pay a fine of $50
21 for each violation.
22 § 1114. Transfer of vehicle by operation of law.
23 (a) General rule.--If the interest of an owner in a vehicle
24 passes to another other than by voluntary transfer, the
25 transferee shall, except as otherwise provided, promptly mail or
26 deliver to the department the last certificate of title, if
27 available, and shall apply for a new certificate of title on a
28 form prescribed and furnished by the department. The application
29 shall be accompanied by such instruments or documents of
30 authority, or certified copies thereof, as may be sufficient or
19750H1817B2873 - 48 -
1 required by law to evidence or effect a transfer of title or
2 interest in or to chattels in such case.
3 (b) Transfer to surviving spouse.--Transfer of a certificate
4 of title to a surviving spouse, or any person designated by the
5 spouse, may be made without the necessity of filing for letters
6 of administration notwithstanding the fact that there are minor
7 children surviving the decedent provided the surviving spouse
8 files an affidavit that all the debts of the decedent have been
9 paid.
10 (c) Surrender of certificate.--A person holding a
11 certificate of title whose interest in a vehicle has been
12 extinguished or transferred other than by voluntary transfer
13 shall immediately surrender the certificate of title to the
14 person to whom the right to possession of the vehicle has
15 passed. Upon request of the department, such person shall mail
16 or deliver the certificate to the department. Delivery of the
17 certificate pursuant to the request of the department does not
18 affect the rights of the person surrendering the certificate.
19 § 1115. Correction of certificate of title.
20 (a) General rule.--When any certificate of title has been
21 issued in error to a person not entitled to the certificate or
22 contains incorrect information or information has been omitted
23 from the certificate, the department shall notify in writing the
24 person to whom the certificate has been issued or delivered and
25 such person shall immediately return the certificate of title
26 within 48 hours, together with any other information necessary
27 for the adjustment of the department records, and, upon receipt
28 of the certificate, the department shall cancel the certificate
29 and issue a corrected certificate of title.
30 (b) Change in material information on certificate.--If any
19750H1817B2873 - 49 -
1 material information on the certificate of title is changed or
2 different from the information originally set forth, the owner
3 shall immediately inform the department and apply for a
4 corrected certificate of title. For the purposes of this
5 subsection, a change of address shall not be deemed material.
6 (c) Seizure of certificate on conviction.--Upon summary
7 conviction for violation of the provisions of this section, the
8 department may delegate authority to any department employee or
9 police officer to seize the certificate of title.
10 § 1116. Issuance of new certificate following transfer.
11 (a) Voluntary transfer.--The department, upon receipt of a
12 properly assigned certificate of title with an application for a
13 new certificate of title, the required fee and any other
14 required documents and articles, shall issue a new certificate
15 of title in the name of the transferee as owner and mail it to
16 the first lienholder named in the certificate or, if none, to
17 the owner.
18 (b) Involuntary transfer.--The department, upon receipt of
19 an application for a new certificate of title by a transferee
20 other than by voluntary transfer, on a form prescribed and
21 furnished by the department together with proper proof
22 satisfactory to the department of the transfer, the required fee
23 and any other required documents and articles, shall issue a new
24 certificate of title in the name of the transferee as owner.
25 (c) Filing and retention of surrendered certificate.--The
26 department shall file and retain for five years every
27 surrendered certificate of title, or a copy, in such a manner as
28 to permit the tracing of title of the vehicle.
29 § 1117. Vehicle destroyed or junked.
30 (a) Application for certificate of junk.--Any owner who
19750H1817B2873 - 50 -
1 transfers a vehicle as scrap, or to be destroyed or junked,
2 shall assign the certificate of title to the person to whom the
3 vehicle is transferred. The transferee shall return the assigned
4 certificate of title to the department immediately with an
5 application for a certificate of junk upon a form furnished and
6 prescribed by the department.
7 (b) Issuance and effect of certificate of junk.--Upon proper
8 application for a certificate of junk, the department shall
9 issue to the transferee a certificate of junk which shall
10 authorize the holder to possess, transport, or by endorsement,
11 transfer ownership in the junked vehicle, and a certificate of
12 title shall not again be issued for the vehicle except upon
13 application containing the information the department requires,
14 accompanied by any necessary documents or articles.
15 (c) Vehicles with defective or lost title.--Any person on
16 whose property is located a vehicle which is valueless except
17 for junk and which has a faulty, lost or destroyed title may
18 transfer the vehicle to a salvor or to a salvage program
19 operated by a political subdivision for removal to a suitable
20 place of storage or for scrapping, provided the salvor or
21 salvage program complies with the requirements of section 7309
22 (relating to junking of vehicles valueless except for junk),
23 except that the report to the department that the vehicle is
24 valueless except for junk shall be verified by the transferor of
25 the vehicle instead of the police department. The transferee
26 shall return the assigned certificate of title to the department
27 immediately with an application for certificate of junk upon a
28 form furnished and prescribed by the department.
29 § 1118. Suspension and cancellation of certificate of title.
30 (a) Return of new vehicle.--The department may cancel the
19750H1817B2873 - 51 -
1 certificate of title issued for a new vehicle when it is shown
2 by satisfactory evidence that the vehicle has been returned to
3 the manufacturer or dealer from whom obtained.
4 (b) Vehicles sold to nonresidents or junked.--The department
5 may cancel certificates of title for vehicles sold to residents
6 of other states or foreign countries when the vehicle is to be
7 registered in the other jurisdiction, or for abandoned or
8 destroyed vehicles authorized to be junked as provided in this
9 subchapter.
10 (c) Surrender of Pennsylvania certificate in other
11 jurisdiction.--The department, upon receipt of notification from
12 another state or foreign country that a certificate of title
13 issued by the department has been surrendered by the owner in
14 conformity with the laws of the other state or foreign country,
15 may cancel the certificate of title.
16 (d) Surrender of foreign certificate to department.--When an
17 owner surrenders a certificate of title from another state or
18 foreign country to the department, the department shall notify
19 the state or foreign country in order that the certificate of
20 title may be cancelled or otherwise disposed of in accordance
21 with the law of the other jurisdiction.
22 (e) Conviction for misstatement of facts.--The department,
23 upon receipt of certification from the clerk of any court
24 showing conviction for a misstatement of facts on any
25 application for an original or duplicate certificate of title or
26 any transfer of a certificate of title, shall suspend the
27 certificate of title and require that the certificate be
28 returned immediately to the department, whereupon the department
29 may cancel the certificate.
30 (f) Nonpayment of fee.--The department may suspend a
19750H1817B2873 - 52 -
1 certificate of title when a check received in payment of the fee
2 is not paid on demand or when the fee for the certificate is
3 unpaid and owing.
4 (g) Security interest unaffected by suspension or
5 cancellation.--Suspension or cancellation of a certificate of
6 title does not, in itself, affect the validity of a security
7 interest noted on the certificate.
8 (h) Surrender of certificate.--The department may request
9 the return of certificates of title which have been suspended or
10 cancelled. The owner or person in possession of the
11 certification of title shall immediately mail or deliver the
12 certificate to the department.
13 § 1119. Application for certificate of title by agent.
14 (a) Authorization to make application.--No person shall make
15 application for a certificate of title when acting for another
16 person unless authorization to make the application is in effect
17 and is verified by oath or affirmation of the other person, made
18 not more than 15 days before the application is received by the
19 department.
20 (b) Certificate not to be assigned in blank.--No person
21 shall make application for, or assign or physically possess, a
22 certificate of title, or direct or allow another person in his
23 employ or control to make application for, or assign or
24 physically possess, a certificate of title, unless the name of
25 the transferee is placed on the assignment of certificate of
26 title simultaneously with the name of the transferor.
27 (c) Persons authorized to hold certificate.--No person shall
28 receive, obtain or hold a certificate of title recorded in the
29 name of another person for the other person who is not in the
30 regular employ of, or not a member of the family of, the other
19750H1817B2873 - 53 -
1 person, unless the person receiving, obtaining or holding the
2 certificate of title has a valid undischarged lien recorded in
3 the department against the vehicle represented by the
4 certificate of title.
5 (d) Penalty.--Any person violating any of the provisions of
6 this section is guilty of a summary offense and shall, upon
7 conviction, be sentenced to pay a fine of $100.
8 SUBCHAPTER B
9 SECURITY INTERESTS
10 Sec.
11 1131. Applicability of subchapter.
12 1132. Perfection of security interest.
13 1133. Creation of security interest for titled vehicle.
14 1134. Assignment by lienholder of security interest.
15 1135. Satisfaction of security interest.
16 1136. Duty of lienholder to disclose pertinent information.
17 1137. Subchapter exclusive for perfecting security interest.
18 1138. Duration of lien recorded on certificate of title.
19 § 1131. Applicability of subchapter.
20 This subchapter does not apply to or affect:
21 (1) A lien given by statute or rule of law to a supplier
22 of services or materials for the vehicle.
23 (2) A lien given by statute to the United States, the
24 Commonwealth or any political subdivision.
25 (3) A security interest in a vehicle created by a
26 manufacturer or dealer who holds the vehicle for sale.
27 (4) Any vehicle for which a certificate of title is not
28 required under this chapter.
29 § 1132. Perfection of security interest.
30 (a) Validity of unperfected interest.--Unless excepted by
19750H1817B2873 - 54 -
1 section 1131 (relating to applicability of subchapter), a
2 security interest in a vehicle of a type for which a certificate
3 of title is required is not valid against creditors of the owner
4 or subsequent transferees or lienholders of the vehicle unless
5 perfected as provided in this subchapter.
6 (b) Method and time of perfection.--A security interest is
7 perfected by the delivery to the department of the existing
8 certificate of title, if any; an application for a certificate
9 of title upon a form prescribed by the department containing the
10 name and address of the lienholder; and any other information
11 regarding the security interest as may be reasonably required
12 and the required fee. It is perfected as of the time of its
13 creation if the delivery is completed within ten days
14 thereafter; otherwise as of the time of the delivery.
15 (c) Prior security interest in vehicle from another
16 jurisdiction.--If a vehicle is subject to a security interest
17 when brought into this Commonwealth, the validity of the
18 security interest is determined by the law of the jurisdiction
19 where the vehicle was located when the security interest
20 attached subject to the following:
21 (1) If the parties understood at the time the security
22 interest attached that the vehicle would be kept in this
23 Commonwealth and it was brought into this Commonwealth within
24 30 days thereafter for purposes other than transportation
25 through this Commonwealth, the validity of the security
26 interest in this Commonwealth is determined by the law of
27 this Commonwealth.
28 (2) If the security interest was perfected under the law
29 of the jurisdiction where the vehicle was located when the
30 security interest attached, the following rules apply:
19750H1817B2873 - 55 -
1 (i) If the name of the lienholder is shown on an
2 existing certificate of title issued by the jurisdiction,
3 the security interest continues perfected in this
4 Commonwealth.
5 (ii) If the name of the lienholder is not shown on
6 an existing certificate of title issued by that
7 jurisdiction, the security interest continues perfected
8 in this Commonwealth for four months after a first
9 certificate of title of the vehicle is issued in this
10 Commonwealth, and, thereafter if, within the four-month
11 period, it is perfected in this Commonwealth. The
12 security interest may also be perfected in this
13 Commonwealth after the expiration of the four-month
14 period in which case perfection dates from the time of
15 perfection in this Commonwealth.
16 (3) If the security interest was not perfected under the
17 law of the jurisdiction where the vehicle was located when
18 the security interest attached, it may be perfected in this
19 Commonwealth in which case perfection dates from the time of
20 perfection in this Commonwealth.
21 (4) A security interest may be perfected under paragraph
22 (2)(ii) or paragraph (3) either as provided in subsection (b)
23 or by the lienholder delivering to the department a notice of
24 security interest in the form the department prescribes
25 together with the required fee.
26 § 1133. Creation of security interest for titled vehicle.
27 (a) Application by owner.--If an owner creates a security
28 interest in a vehicle for which a certificate of title has been
29 issued by the Commonwealth, the owner shall immediately execute
30 an application on a form prescribed by the department, naming
19750H1817B2873 - 56 -
1 the lienholder on the certificate, showing the name and address
2 of the lienholder and the date of the security agreement. The
3 certificate of title, together with the application and the
4 required fee, shall be mailed or delivered to the department.
5 (b) Where certificate is in possession of lienholder.--Upon
6 request of the owner or subordinate lienholder, a lienholder in
7 possession of the certificate of title shall mail or deliver the
8 certificate to the department or, upon receipt from the
9 subordinate lienholder of the application of the owner and the
10 required fee, mail or deliver them to the department with the
11 certificate. The delivery of the certificate does not affect the
12 rights of the first lienholder under his security agreement.
13 (c) Endorsement and delivery of certificate.--Upon receipt
14 of the certificate of title, application and the required fees,
15 the department shall endorse on the existing certificate of
16 title, or on a new certificate which it then issues, the name
17 and address of all secured parties and shall mail the
18 certificate of title to the first lienholder named in the
19 certificate.
20 § 1134. Assignment by lienholder of security interest.
21 (a) General rule.--A lienholder may assign, absolutely or
22 otherwise, his security interest in the vehicle to a person
23 other than the owner without affecting the interest of the owner
24 or the validity of the security interest but any person without
25 notice of the assignment is protected in dealing with the
26 lienholder as the holder of the security interest and the
27 lienholder remains liable for any obligations as lienholder
28 until the assignee is named as lienholder on the certificate.
29 (b) Duty of assignee.--The assignee shall deliver to the
30 department the certificate of title and an assignment by the
19750H1817B2873 - 57 -
1 lienholder named in the certificate of title on a form
2 prescribed and furnished by the department and accompanied by
3 the required fee.
4 § 1135. Satisfaction of security interest.
5 (a) Absence of subsequent liens.--Where there are no
6 subsequent liens upon a vehicle, the following rules apply upon
7 the satisfaction of a security interest in the vehicle:
8 (1) The outstanding certificate of title shall be mailed
9 or delivered immediately to the owner of the vehicle with
10 proper evidence of satisfaction and release or the lienholder
11 may apply for corrected title to be issued in the name of the
12 owner.
13 (2) The owner may mail or deliver the certificate of
14 title with proper evidence of satisfaction of the security
15 interest to the department which shall issue a corrected
16 certificate of title without a statement of liens or
17 encumbrances. The corrected certificate of title may also be
18 issued when the outstanding certificate cannot be returned
19 and proper evidence is produced that all recorded security
20 interests have been satisfied.
21 (b) Prior or subsequent liens.--Where there are subsequent
22 liens upon a vehicle or the lien to be released is not a first
23 lien, the following rules apply upon the satisfaction of a
24 security interest in the vehicle:
25 (1) If the lienholder whose security interest is
26 satisfied has possession of the certificate of title, the
27 lienholder shall mail or deliver the certificate of title,
28 immediately upon satisfaction, to the department with proper
29 evidence of satisfaction and release of the security
30 interest. A corrected certificate of title, containing a
19750H1817B2873 - 58 -
1 statement of the remaining security interests on record,
2 shall be mailed by the department to the person holding the
3 next lien upon the vehicle.
4 (2) Upon the satisfaction of a security interest in a
5 vehicle for which the certificate of title is in the
6 possession of a prior lienholder, the lienholder whose
7 security interest is satisfied shall, immediately upon
8 satisfaction, mail or deliver to the owner proper evidence of
9 the satisfaction and release of the security interest. Upon
10 request of the owner and receipt of the release, the
11 lienholder in possession of the certificate of title shall
12 mail or deliver the certificate of title together with the
13 release to the department. The department shall issue a
14 corrected certificate of title which shall be mailed to the
15 first lienholder.
16 (c) Penalties.--
17 (1) Any person failing to deliver upon demand a
18 satisfied certificate of title as required by subsection
19 (a)(1) is guilty of a summary offense and shall, upon
20 conviction, for a first offense be sentenced to pay a fine of
21 $50 and for a subsequent offense be sentenced to pay a fine
22 of $100.
23 (2) Any person failing to return to the department a
24 certificate of title where there are other liens, for
25 correction and delivery, as required by subsection (b) is
26 guilty of a summary offense and shall, upon conviction, be
27 sentenced to pay a fine of $100.
28 (3) No person shall be deemed guilty of a violation of
29 this section if the person delivers the certificate of title
30 to the department within five days of the satisfaction of the
19750H1817B2873 - 59 -
1 lien.
2 § 1136. Duty of lienholder to disclose pertinent information.
3 A lienholder named in a certificate of title shall, upon
4 written request of the owner or of another lienholder named on
5 the certificate, disclose any pertinent information as to the
6 security agreement and the indebtedness secured by the
7 agreement.
8 § 1137. Subchapter exclusive for perfecting security interest.
9 The method provided in this subchapter for perfecting and
10 giving notice of security interests is exclusive.
11 § 1138. Duration of lien recorded on certificate of title.
12 (a) General rule.--A security interest recorded on a
13 certificate of title is effective for a period of five years
14 dating from the time of perfection as provided for in this
15 subchapter.
16 (b) Renewal of lien.--The effectiveness of a lien recorded
17 on the certificate of title lapses on the expiration of the
18 periods specified in subsection (a) unless a continuation
19 statement is filed within the six months immediately preceding
20 expiration. The lien may be renewed for as many one-year periods
21 as may be necessary by the holder of the security interest upon
22 a form furnished by the department, signed by the secured party
23 and accompanied by the fee provided in this title.
24 (c) Corrected certificate when lien expires.--A corrected
25 certificate of title without a statement of liens or
26 encumbrances shall be issued by the department, upon the request
27 of the owner, when the security interests recorded on the
28 certificate of title have expired.
29 CHAPTER 13
30 REGISTRATION OF VEHICLES
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1 Subchapter
2 A. General Provisions
3 B. Registration Plates
4 C. Violations and Suspensions
5 SUBCHAPTER A
6 GENERAL PROVISIONS
7 Sec.
8 1301. Driving unregistered vehicle prohibited.
9 1302. Vehicles subject to registration.
10 1303. Vehicles of nonresidents exempt from registration.
11 1304. Registration criteria.
12 1305. Application for registration.
13 1306. Grounds for refusing registration.
14 1307. Period of registration.
15 1308. Issuance of registration card.
16 1309. Renewal of registration.
17 1310. Temporary registration cards.
18 1311. Registration card to be signed and exhibited on demand.
19 1312. Notice of change of name or address.
20 1313. Duplicate registration cards.
21 1314. Transfer of registration.
22 1315. Operation of vehicle following death of owner.
23 1316. Department records.
24 1317. Sale of copies of registrations and statistics. <--
25 § 1301. Driving unregistered vehicle prohibited.
26 It is a summary offense for any person to drive or for an
27 owner knowingly to permit to be driven upon any highway any
28 vehicle of a type required to be registered under this chapter
29 which is not registered or for which the appropriate fee has not
30 been paid when and as required in this title.
19750H1817B2873 - 61 -
1 § 1302. Vehicles subject to registration.
2 (a) General rule.--No vehicle shall be operated upon any
3 highway in this Commonwealth until the vehicle is properly
4 registered with the department as provided in this chapter.
5 (b) Exceptions.--Subsection (a) does not apply to the
6 following:
7 (1) Any vehicle in conformance with the provisions of
8 this chapter relating to dealers, persons registered under
9 any of the miscellaneous motor vehicle business classes or
10 nonresidents.
11 (2) Any implement of husbandry.
12 (3) Any self-propelled golf car used for the
13 transportation of persons engaged in the game of golf while
14 crossing any public highway during any game of golf.
15 (4) Any vehicle moved by special permit as provided for
16 in sections 4965 (relating to single permits for multiple
17 highway crossings) and 4966 (relating to permit for movement
18 of quarry equipment).
19 (5) Any vehicle registered and displaying plates issued
20 in a foreign country by the armed forces of the United States
21 for a period of 45 days from the date of the return of the
22 owner to the United States.
23 (6) Any vehicle owned by a resident legally required to
24 be registered in another state based and used principally
25 outside of this Commonwealth.
26 (7) Any vehicle moved solely by animal power.
27 (8) Any self-propelled invalid wheel chair.
28 (9) Any mobile home.
29 (c) Certificate of title required.--No vehicle shall be
30 registered unless a certificate of title has been obtained, if
19750H1817B2873 - 62 -
1 one is required by Chapter 11 (relating to certificate of title
2 and security interests).
3 § 1303. Vehicles of nonresidents exempt from registration.
4 (a) General rule.--A nonresident owner of any foreign
5 vehicle may operate or permit the operation of the vehicle
6 within this Commonwealth without registering the vehicle in this
7 Commonwealth or paying any fees to the Commonwealth, provided
8 the vehicle at all times when operated in this Commonwealth is
9 duly registered and in full compliance with the registration
10 requirements of the place of residence of the owner and further
11 provided the vehicle is not:
12 (1) used for the transportation of persons for hire,
13 compensation or profit;
14 (2) regularly operated in carrying on business within
15 this Commonwealth;
16 (3) designed, used or maintained primarily for the
17 transportation of property for hire, compensation or profit;
18 or
19 (4) special mobile equipment if not also required to be,
20 and actually, registered under the laws of the place of
21 residence of the owner.
22 (b) Transportation of persons for hire, compensation or
23 profit.--Every owner of a foreign vehicle operated within this
24 Commonwealth for the transportation of persons for hire,
25 compensation or profit either regularly according to schedule or
26 for a period exceeding 30 days in the calendar year, unless
27 exempted from registration under the terms of a reciprocity
28 agreement OR PURSUANT TO THE ACT OF AUGUST 1, 1963 (P.L.479, <--
29 NO.250), RELATING TO BUS TAXATION PRORATION AGREEMENT, shall
30 register the vehicle according to the laws of this Commonwealth.
19750H1817B2873 - 63 -
1 (c) Carrying on business in this Commonwealth.--Every
2 nonresident, including any foreign corporation, carrying on
3 business within this Commonwealth and operating in the business
4 any vehicle within this Commonwealth, unless exempted from
5 registration under the terms of a reciprocity agreement, shall
6 be required to register each such vehicle according to the laws
7 of this Commonwealth.
8 (d) Members of armed forces.--A member of the armed forces
9 of the United States who is serving on active duty in this
10 Commonwealth need not register a personal passenger vehicle in
11 this Commonwealth if the vehicle is registered in the state of
12 his residence.
13 (e) Trailer as part of registered combination.--Any motor
14 vehicle registered as a combination in this Commonwealth may tow
15 a trailer registered in another state provided:
16 (1) the owner has as many trailers registered in this
17 Commonwealth as combinations so registered; or
18 (2) the towing vehicle is being operated under a
19 permanent lease to a person meeting the requirements of
20 paragraph (1).
21 § 1304. Registration criteria.
22 (a) General rule.--Except as otherwise provided in this
23 section, vehicle shall be registered for a flat fee.
24 (b) Classification of vehicles.--The department may identify
25 vehicles by type as to weight, design, loading, use, ownership
26 or other significant characteristics for purposes of
27 registration.
28 (c) Trucks, truck-tractors and trailers.--The department
29 shall register trucks, truck-tractors and trailers at the gross
30 weight requested by the applicant, provided that the weight is
19750H1817B2873 - 64 -
1 not greater than allowed in subsection (d) or less than allowed
2 in subsection (e).
3 (d) Maximum registered gross weight.--No truck, truck-
4 tractor or trailer shall be registered at a gross weight in
5 excess of:
6 (1) the limiting weights established on the basis of
7 axle load, tire load, horse power or gross weight by type of
8 vehicles;
9 (2) the gross vehicle weight rating assigned by the
10 manufacturer; or
11 (3) a combination weight greater than the gross
12 combination weight rating.
13 In the case of a vehicle in which no gross vehicle weight rating
14 or gross combination weight rating is assigned by the
15 manufacturer, an equivalent rating shall be determined by the
16 department on the basis of the vehicle's horsepower, braking
17 ability, axle limitations and such other factors related to safe
18 operation as may be established by regulations of the
19 department.
20 (e) Minimum registered gross weight.--No truck, truck-
21 tractor or trailer shall be registered at less than the total of
22 the weight of the unladen vehicle, the maximum weight of the
23 proposed load, the equivalent weight of the fuel capacity, 150
24 pounds times the seating capacity, and the weight of any
25 permanently or temporarily attached appurtenances.
26 (f) Registered gross weight of trucks and truck-tractors.--
27 Every truck shall have its own registered gross weight and may
28 also be registered at a registered gross weight for a
29 combination. Every truck-tractor shall be registered at a
30 registered gross weight for a combination.
19750H1817B2873 - 65 -
1 (g) Buses other than school buses.--The department shall
2 register buses, other than school buses, on the basis of
3 passenger seating capacity.
4 § 1305. Application for registration.
5 (a) Application for registration.--Application for the
6 registration of a vehicle shall be made to the department upon
7 the appropriate form or forms furnished by the department. The
8 application shall contain the full name and address of the owner
9 or owners; the make, model, year and vehicle identification
10 number of the vehicle; and such other information as the
11 department may require. Applicants for registration of a truck,
12 truck-tractor, trailer or bus shall provide the vehicle's Gross
13 Vehicle Weight Rating (GVWR), or the Gross Combination Weight
14 Rating (GCWR), as applicable. If the manufacturer's ratings are
15 not available, the applicant shall provide sufficient
16 information as to the horsepower, braking capacity and such
17 other data as necessary for the department to determine an
18 equivalent measure of the vehicle's hauling and stopping
19 capability. If the applicant wishes to register a vehicle at a
20 registered gross weight less than the gross vehicle weight
21 rating, the application shall include information as to weight,
22 load and any other such information as the department may
23 require. The application shall be signed by the owner, if a
24 natural person, or if the owner is a corporation, copartnership
25 or association, by an executive officer or some person
26 specifically authorized, in writing, by the owner, to sign the
27 application, and shall be accompanied by the required fee.
28 (b) Evidence of P.U.C. approval for buses and taxis.--Before
29 registering any bus or taxi which is required under the laws of
30 this Commonwealth to obtain a certificate of public convenience
19750H1817B2873 - 66 -
1 from the Pennsylvania Public Utility Commission, the department
2 shall require evidence that the certificate has been issued and
3 has not been revoked or has not expired.
4 (c) Designation of lessee as registrant.--The owner as
5 lessor may designate the lessee as the registrant of the vehicle
6 and the name and address of the lessee may be substituted on the
7 registration card for the address of the lessor. The department
8 shall designate the relationship upon the card in a manner it
9 deems appropriate. THIS SUBSECTION IS APPLICABLE ONLY FOR THE <--
10 PERIOD DURING WHICH THE LEASE REMAINS IN EFFECT.
11 § 1306. Grounds for refusing registration.
12 The department shall refuse registration and transfer of
13 registration when any of the following circumstances exists:
14 (1) The applicant is not entitled to registration under
15 the provisions of this chapter.
16 (2) The applicant has at registration or titling
17 neglected or refused to furnish the department with the
18 information required on the appropriate official form, or any
19 reasonable additional information required by the department.
20 (3) The department has reasonable grounds to believe
21 that the application contains false or fraudulent
22 information, or that the vehicle is stolen, which fact the
23 department shall ascertain by reference to the stolen vehicle
24 file required to be maintained under section 7114 (relating
25 to records of stolen vehicles), or that the granting of
26 registration would constitute a fraud against the rightful
27 owner or other person having a valid lien upon the vehicle.
28 (4) The fees required by law have not been paid.
29 (5) The vehicle is not constructed or equipped as
30 required by this title.
19750H1817B2873 - 67 -
1 (6) The registration of the vehicle stands suspended for
2 any reason as provided for in this title.
3 § 1307. Period of registration.
4 (a) Staggered renewal system to be established.--The
5 department shall establish a system of staggered registration
6 renewal in a manner that some registrations will expire every
7 month throughout the year.
8 (b) New registration.--A new registration is effective on
9 the date of issuance of a registration card by the department or
10 the date of issuance of a temporary registration card by an
11 authorized agent of the department under section 1310 (relating
12 to temporary registration cards and plates). <--
13 (c) Renewal of registration.--A renewed registration shall
14 be effective on issuance by the department of a renewed
15 registration card and inspection of and affixing of a <--
16 certificate of inspection to the vehicle EXCEPT THAT THE <--
17 DEPARTMENT, BY REGULATION, MAY ESTABLISH A RENEWAL SYSTEM
18 COORDINATED WITH THE PERIODIC INSPECTION OF VEHICLES as provided
19 in section 4702 (relating to requirement for periodic inspection
20 of vehicle VEHICLES). <--
21 (d) Expiration of registration.--A registration shall expire
22 on the last day of the month designated on the registration
23 card. The department shall send an application for renewal of
24 registration to every registrant at least 60 days prior to
25 expiration of the current registration.
26 (e) Antique and classic vehicles.--Antique and classic motor
27 vehicle registrations shall expire upon the junking, scrapping
28 or transfer of ownership of the vehicle, except that if the
29 transfer is between spouses or between parent and child the
30 registration may be transferred upon payment of a transfer fee.
19750H1817B2873 - 68 -
1 § 1308. Issuance of registration card.
2 (a) General rule.--The department, upon registering a
3 vehicle, shall issue to the registrant a registration card which
4 shall contain the registration number assigned to the vehicle,
5 the name and address of the registrant and the name of the
6 owner, if other than the registrant, a description of the
7 vehicle including the vehicle identification number, the
8 expiration date, provision for the registrant to certify that
9 the vehicle is currently covered by no-fault and liability
10 insurance and such other information as may be determined by the
11 department. The registration card shall be valid only upon
12 affixing to the vehicle a certificate of inspection as provided
13 in section 4702 (relating to requirement for periodic inspection
14 of vehicles).
15 (b) Trucks.--The registration card for a truck shall
16 indicate the registered gross weight of the truck, and the
17 registered gross weight of the combination, if the truck is so
18 registered, in addition to other information required.
19 (c) Truck-tractors.--The registration card for a truck-
20 tractor shall indicate the registered gross weight of the
21 combination in addition to other information required.
22 (d) Trailers.--The registration card for a trailer shall
23 indicate the registered gross weight of the trailer in addition
24 to other information required.
25 (e) Buses.--The registration card for a bus shall indicate
26 the passenger seating capacity of the bus.
27 § 1309. Renewal of registration.
28 At least 60 days prior to the expiration of each
29 registration, the department shall send to the registrant an
30 application for renewal of registration. Upon return of the
19750H1817B2873 - 69 -
1 application with the applicable fee, the department shall send
2 to the registrant a renewed registration card which shall be
3 valid only upon affixing to the vehicle a certificate of
4 inspection as provided in section 4702 (relating to requirement
5 for periodic inspection of vehicles).
6 § 1310. Temporary registration cards.
7 (a) General rule.--The department shall provide temporary
8 registration cards for use pending ISSUANCE or transfer of <--
9 permanent registration cards. Temporary registration cards may
10 be delivered to designated agents who shall have the authority
11 to issue them in accordance with regulations promulgated by the
12 department.
13 (b) Duration.--Temporary registration cards shall be valid
14 for such period as the department shall designate.
15 (c) Charges by designated agent.--A designated agent may not
16 charge more than $5 for issuing a temporary registration card
17 including any notary charges.
18 § 1311. Registration card to be signed and exhibited on demand.
19 (a) Signing card.--Upon receiving the registration card or
20 any duplicate, the registrant shall enter the required
21 information as to no-fault and liability insurance coverage and
22 sign his name in the space OR SPACES provided. <--
23 (b) Carrying and exhibiting card.--Every registration card
24 shall, at all times while the vehicle is being operated upon a
25 highway, be in the possession of the person driving or in
26 control of the vehicle or carried in the vehicle and shall be
27 exhibited upon demand of any police officer.
28 (c) Production to avoid penalty.--No person shall be
29 convicted of violating this section or section 1302 (relating to
30 vehicles subject to registration) if the person produces at the
19750H1817B2873 - 70 -
1 office of the issuing authority or at the office of the
2 arresting police officer within five days of the violation, a
3 registration card valid in this Commonwealth at the time of the
4 arrest.
5 § 1312. Notice of change of name or address.
6 Any person whose address is changed from the address named in
7 the application for registration or on the registration card or
8 whose name is changed shall, within 15 days, notify the
9 department in writing of the old and new address, or of such
10 former and new names, and of the operator's number on any
11 registration card then held by the person.
12 § 1313. Duplicate registration cards.
13 (a) Additional cards upon request.--The department shall, if
14 so requested, issue to the registrant of any vehicle whose
15 registration is not under suspension a duplicate registration
16 card, or as many duplicate registration cards as requested, upon
17 payment of the fee provided in this title for each card.
18 (b) Replacement of lost or illegible card.--In the event of
19 a lost, stolen, destroyed or illegible registration card, the
20 registrant shall apply to the department for a duplicate within
21 48 hours of discovery of the loss or defacement of such
22 registration card, upon a form furnished by the department, and
23 accompanied by the fee provided in this title.
24 (c) Affidavit to avoid penalty.--No owner or operator of a
25 vehicle shall be subject to a fine for failure to have the
26 registration card if the owner or operator makes affidavit that
27 the card was lost or stolen within the period of 20 days
28 preceding and that application for new registration card was
29 made within 48 hours as required in this section.
30 § 1314. Transfer of Registration.
19750H1817B2873 - 71 -
1 (a) General rule.--Registration and registration plates may
2 be transferred to another vehicle owned or leased by the
3 registrant, or to a vehicle owned or leased by the spouse,
4 parent or child of the registrant.
5 (b) Procedure for transfer.--In order to transfer
6 registration and registration plates, the transferee shall apply
7 for a temporary registration card in accordance with section
8 1310 (relating to temporary registration cards) and
9 simultaneously apply for transfer of registration under this
10 section.
11 (c) Same vehicle type.--If the transfer is within the same
12 vehicle type, the transferee shall retain the registration plate
13 previously issued, unless lost or destroyed. A new registration
14 card shall be issued by the department.
15 (d) Different vehicle type.--If the transfer is to another
16 vehicle type, a new registration plate and card shall be issued
17 to the transferee. The previously issued plate shall be returned
18 to the department for cancellation immediately upon receipt of
19 the new registration plate, unless lost or destroyed. In
20 addition to the transfer fee, the transferee shall pay the
21 difference in registration fees when transferring registration
22 to a type or class of vehicle requiring a higher fee. No refund
23 shall be payable on transferring to a type or class of vehicle
24 requiring a lower fee.
25 § 1315. Operation of vehicle following death of owner.
26 When the owner of a vehicle is deceased, the vehicle may be
27 operated by or for any heir or personal representative of the
28 decedent for the remainder of the current registration period
29 and throughout the next following registration period, provided
30 that the registration is renewed in the name of the decedent's
19750H1817B2873 - 72 -
1 estate as otherwise required by this chapter. Registration may
2 continue to be renewed thereafter in the name of the decedent's
3 estate by any person entitled to the family exemption until the
4 final account is approved by the court.
5 § 1316. Department records.
6 The department shall maintain suitable records in a manner
7 permitting identification of vehicles and owners, including:
8 (1) All registrations and transfers of registrations
9 issued.
10 (2) All registrations and transfers of registrations
11 denied and reasons for denial. Registrations and transfers <--
12 returned for correction of errors or omissions need not be
13 recorded. REGISTRATION AND TRANSFERS RETURNED FOR CORRECTION <--
14 OF ERRORS OR OMISSIONS NEED NOT BE RECORDED.
15 § 1317. Sale of copies of registrations and statistics. <--
16 The department may sell copies of vehicle registrations and
17 such other statistics relating to the titling and registration
18 of motor vehicles, except the amount of encumbrance and name of
19 encumbrance holder, as it may deem advisable. The charge for the
20 records and the conditions under which they may be sold shall be
21 determined by the department.
22 SUBCHAPTER B
23 REGISTRATION PLATES
24 Sec.
25 1331. Registration plates to be furnished by department.
26 1332. Display of registration plate.
27 1333. Lost, stolen, damaged or illegible registration plate.
28 1334. Return of registration plate.
29 1335. Registration plates for manufacturers and dealers.
30 1336. Use of dealer registration plates.
19750H1817B2873 - 73 -
1 1337. Use of "Miscellaneous Motor Vehicle Business"
2 registration plates.
3 1338. Handicapped plate.
4 1339. Legislative plate.
5 1340. Antique and classic plates.
6 1341. Personal plate.
7 1342. Use of school bus plates.
8 1343. Use of farm tractor plates.
9 1344. SPECIAL PLATES FOR DISABLED VETERANS. <--
10 § 1331. Registration plates to be furnished by department.
11 (a) General rule.--Upon registering a vehicle, the
12 department shall issue a registration plate, unless the
13 registrant has and intends to affix to the vehicle one of the
14 following special plates:
15 (1) Handicapped plate (section 1338).
16 (2) Legislative plate (section 1339).
17 (3) Antique plate (section 1340).
18 (4) Classic plate (section 1340).
19 (5) Personal plate (section 1341).
20 (6) No fee plate (section 1901).
21 (b) Information on plate.--Every registration plate shall
22 have displayed upon it the identifying numbers or letters
23 assigned to the vehicle, the name of the Commonwealth, which may
24 be abbreviated, and any other data the department may deem
25 necessary.
26 (c) Temporary registration plates.--The department shall
27 provide temporary registration plates for use on vehicles which
28 are to be removed from this Commonwealth or for use as necessary
29 pending issuance of permanent registration plates.
30 (d) Reflectorizing material on plate.-- All registration
19750H1817B2873 - 74 -
1 plates, except temporary plates, shall be treated with
2 reflectorizing material in accordance with standards approved by
3 the department.
4 (e) Issuance of plates by agents.--The department may
5 deliver plates, other than special plates, to designated agents,
6 who shall have the authority to issue them in conjunction with
7 the issuance of temporary registration cards.
8 § 1332. Display of registration plate.
9 (a) General rule.--Every registration plate shall, at all
10 times, be securely fastened to the vehicle to which it is
11 assigned or on which its use is authorized in accordance with
12 regulations promulgated by the department.
13 (b) Obscuring plate.--It is unlawful to display on any
14 vehicle a registration plate which is so dirty as to prevent the
15 reading of the number or letters thereon at a reasonable
16 distance or is otherwise illegible at a reasonable distance or
17 is obscured in any manner.
18 § 1333. Lost, stolen, damaged or illegible registration plate.
19 (a) Substitute plate made by owner.--In the event a
20 registration plate is lost, stolen, damaged or illegible, the
21 owner of the vehicle shall immediately place on the vehicle a
22 home-made substitute plate or plates bearing the vehicle
23 registration number and displayed as nearly as possible as
24 provided for in section 1332 (relating to display of
25 registration plate).
26 (b) Application for new plate.--The registrant of the
27 vehicle shall within 48 hours of discovering the loss, theft or
28 defacement apply to the department for a new plate and report
29 the loss or theft of a plate to the police.
30 (c) Substitute registration.--Where the registration plate
19750H1817B2873 - 75 -
1 has been lost or stolen and in any other case in which the
2 department may deem it advisable, the original registration
3 shall be cancelled and substitute registration issued under a
4 new registration number other than that originally issued. Upon
5 receipt of substitute registration, it shall be the duty of the
6 registrant to return the old registration plates and card to the
7 department, unless lost or destroyed.
8 (d) Affidavit to avoid penalty.--No owner or operator of a
9 vehicle shall be subject to a fine for the reason that the
10 registration plate is missing if he makes affidavit that the
11 plate was lost or stolen within the period of the 20 days
12 preceding and that application for new plate or plates was made
13 within 48 hours as required in this section.
14 § 1344. 1334. Return of registration plate. <--
15 (a) General rule.--Registration plates shall be returned to
16 the department under the following circumstances:
17 (1) A registration plate shall be returned if the
18 registrant no longer has a vehicle titled in this
19 Commonwealth.
20 (2) A legislative registration plate shall be returned
21 on the expiration or termination of the term of office of the
22 legislative member.
23 (3) A dealer or "Miscellaneous Motor Vehicle Business"
24 registration plate shall be returned if the business is
25 discontinued.
26 (4) A handicapped registration plate shall be returned
27 if the person to whom it was issued no longer qualifies under
28 section 1338 (relating to handicapped plate).
29 (b) Time for return of plate.--Each registration plate
30 required to be returned under this section shall be returned to
19750H1817B2873 - 76 -
1 the department within five days of the occurrence requiring its
2 return.
3 (c) Statement accompanying returned plate.--Each returned
4 registration plate shall be accompanied by a statement of the
5 reason for the return of the plate and the date of the
6 occurrence requiring its return.
7 § 1335. Registration plates for manufacturers and dealers.
8 (a) General rule.--The department shall issue annually to
9 dealers and manufacturers licensed by the State Board of Motor
10 Vehicle Manufacturers, Dealers and Salesmen of the Department of
11 State special registration plates which may be displayed on
12 vehicles operating on highways in lieu of registering each
13 vehicle individually in accordance with the requirements of
14 section 1302(a) (relating to vehicles subject to registration).
15 (b) Application for plates.--Application for dealer
16 registration plates shall be made by the dealer or manufacturer
17 on a form provided by the department together with a copy of his
18 license from the State Board of Motor Vehicle Manufacturers,
19 Dealers and Salesmen.
20 (c) Exemption from individual registration.--Vehicles
21 displaying dealer registration plates may be operated on the
22 highway without registering each vehicle individually, provided
23 that the plates are used in accordance with the limitations of
24 section 1336 (relating to use of dealer registration plates).
25 § 1336. Use of dealer registration plates.
26 (a) General rule.--Dealer registration plates may be used on
27 any vehicle owned or in possession of a dealer or manufacturer
28 and operated by the dealer or manufacturer or their employees
29 only when the vehicle is used for any of the following purposes:
30 (1) In the actual business of the dealer or
19750H1817B2873 - 77 -
1 manufacturer.
2 (2) For the personal pleasure or use of the dealer or
3 members of his immediate family, or when the dealer is a
4 corporation, for the personal pleasure or use of not more
5 than three officers or members of their immediate families,
6 or for the personal use of the regular employees of the
7 dealer or corporation when operated by the employee.
8 (3) For teaching students enrolled in an approved driver
9 education course how to operate a vehicle and for the new
10 driver to take an examination for a driver's license.
11 (4) For testing vehicles in the possession of the dealer
12 or manufacturer.
13 (5) For demonstrating vehicles in the possession of the
14 dealer or manufacturer.
15 (b) Vehicles loaned to prospective purchasers.--Registered
16 dealers may permit the use of their dealer registration plates
17 for a period not exceeding five days upon vehicles owned by
18 them, and loaned to prospective purchasers for the purpose of
19 demonstrating the vehicle. Records shall be kept by the dealer
20 in a manner prescribed by the department indicating which
21 vehicles have been loaned to prospective purchasers, the name of
22 the person to whom loaned and the period of the loan. The
23 records shall be open to inspection to representatives of the
24 department and to police officers.
25 § 1337. Use of "Miscellaneous Motor Vehicle Business"
26 registration plates.
27 (a) General rule.--The department shall issue annually to
28 owners of miscellaneous motor vehicle businesses LICENSED BY THE <--
29 STATE BOARD OF MOTOR VEHICLE MANUFACTURERS, DEALERS AND SALESMEN
30 OF THE DEPARTMENT OF STATE special registration plates which may
19750H1817B2873 - 78 -
1 be displayed on vehicles operated on highways in lieu of
2 registering each vehicle individually in accordance with the
3 requirements of section 1302(a) (relating to vehicles subject to
4 registration). Registration plates issued under this section may
5 be used only when the vehicle is used for any of the following
6 purposes:
7 (1) In the conduct of the miscellaneous motor vehicle
8 business.
9 (2) For the personal pleasure or use of the owner of the
10 miscellaneous motor vehicle business or members of their
11 immediate family, or when the business is a corporation, for
12 the pleasure or use of not more than three officers or
13 members of their immediate families, or for the personal use
14 of the regular employees of the business when operated by the
15 employee.
16 (b) Application for registration.--Application for
17 registration in any of the "Miscellaneous Motor Vehicle
18 Business" classes shall be made upon a form provided by the
19 department and shall set forth the full name and business
20 address of the applicant and such other information as the
21 department shall require. The application shall be verified by
22 the oath or affirmation of the applicant or, if the applicant is
23 a partnership or a corporation, by a partner or officer.
24 (c) Classes of "Miscellaneous Motor Vehicle Business".--
25 (1) Repair, service and towing.--Any person engaged in
26 the repair, service or towing of motor vehicles.
27 (2) Vehicle salvage dealer.--Any person who maintains an
28 established place of business and who is engaged in the
29 business of buying, selling or exchanging used, wrecked or
30 abandoned vehicles and junkers for the purpose of remodeling,
19750H1817B2873 - 79 -
1 taking apart, or rebuilding the same, or buying or selling of
2 parts.
3 (3) Transporter.--A person regularly engaged in the
4 business of transporting new vehicles or new and used
5 trailers on their own wheels, owned by or in possession of a
6 registered dealer.
7 (4) Financer or collector-repossessor.--A person who is
8 duly authorized to do business in this Commonwealth as a
9 financer or collector-repossessor and who is regularly
10 engaged in the business of financing sales, making loans on
11 the security of vehicles or repossessing vehicles which are
12 the subject of installment sales contracts as an independent
13 contractor.
14 § 1338. Handicapped plate.
15 On the application of any person who:
16 (1) does not have full use of a leg or both legs or an
17 arm or both arms;
18 (2) is blind; or
19 (3) is in loco parentis of a person specified in
20 paragraph (1) or (2);
21 the department shall issue special registration plates for any
22 passenger car or Class #1 truck designating the vehicle so
23 licensed as being used by a handicapped person. Special plates
24 for handicapped persons may also be issued for vehicles operated
25 exclusively for the use and benefit of handicapped persons. The
26 department shall not charge any fee, other than the regular
27 registration fee, for the issuance of the registration plates.
28 § 1339. Legislative plate.
29 Upon application by a member of the General Assembly of the
30 Commonwealth or the Congress of the United States, the
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1 department shall issue special registration plates indicating
2 that the vehicle is owned by a member of the Pennsylvania or
3 United States Senate or House of Representatives, as
4 appropriate. The department shall not charge any fee, other than <--
5 the regular registration fee, for the issuance of the plates.
6 § 1340. Antique and classic plates.
7 (a) General rule.--Upon submission by a vehicle owner of
8 information satisfactory to the department that a motor vehicle
9 is an antique motor vehicle or classic motor vehicle,
10 accompanied by the appropriate fee, the department may issue
11 special plates for the vehicle. No annual registration fee may
12 be charged for antique or classic motor vehicles.
13 (b) Use of plates.--It is unlawful for any person to operate
14 a vehicle with antique or classic registration plates for
15 general daily transportation. Permitted use shall be limited to
16 participation in club activities, exhibits, tours, parades,
17 occasional transportation and similar uses.
18 § 1341. Personal plate.
19 Upon request by the applicant, the department may issue
20 registration plates consisting of any combination of numbers,
21 letters or numbers and letters. These special plates may be
22 issued for special groups or for special purposes and bear an
23 appropriate designation. They shall have the same force and
24 effect as regular registration plates. The department may refuse
25 any combination of letters and numbers for cause and shall adopt
26 reasonable rules and regulations for the issuance of the plates
27 and for carrying out the provisions of this section. The
28 applicant shall comply with all laws and regulations pertaining
29 to registration including the payment of any additional fees.
30 § 1342. Use of school bus plates.
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1 (a) General rule.--A motor vehicle bearing school bus
2 registration plates shall be used exclusively for the
3 transportation of children and no more than five chaperones to
4 or from school or in connection with any school-related activity
5 or for transportation without charge of passengers in connection
6 with an activity sponsored by a religious, charitable or civic
7 organization. Except when transporting children to and from
8 school or school-related activities, the words "school bus" on
9 the front and rear of the vehicle shall be concealed and the red
10 and amber visual signals shall not be operable.
11 (b) Penalty.--Any person violating this section is guilty of
12 a summary offense and shall, upon conviction, be sentenced to
13 pay a fine of not less than $100.
14 § 1343. Use of farm truck plates.
15 (a) General rule.--A truck bearing farm truck registration
16 plates shall be used exclusively upon a farm or farms owned or
17 operated by the owner of the vehicle or upon highways between:
18 (1) Parts of one farm.
19 (2) Farms located not more than 25 miles apart.
20 (3) A farm and a place of business located within a
21 radius of 25 miles from the farm for the purpose of buying or
22 selling agricultural commodities or supplies or for the
23 inspection, repair or servicing of the vehicle.
24 (b) Penalty.--Any person violating this section is guilty of
25 a summary offense and shall, upon conviction, be sentenced to
26 pay a fine of not less than $100.
27 § 1344. SPECIAL PLATES FOR DISABLED VETERANS. <--
28 ON THE APPLICATION OF ANY DISABLED VETERAN, SO CERTIFIED BY
29 THE UNITED STATES VETERANS' ADMINISTRATION, THE DEPARTMENT SHALL
30 ISSUE TO HIM SPECIAL REGISTRATION PLATES DESIGNATING THE VEHICLE
19750H1817B2873 - 82 -
1 SO LICENSED AS BELONGING TO A DISABLED VETERAN. THE REGISTRATION
2 PLATES SHALL HAVE A WHITE BACKGROUND, SHALL HAVE BLUE NUMBERS OR
3 LETTERS AS THE DEPARTMENT MAY DETERMINE, AND SHALL HAVE THE
4 WORDS, "DISABLED VETERAN," IN AT LEAST TEN-POINT BOLD TYPE,
5 INSCRIBED IN RED AT THE BOTTOM OF THE PLATE. THE DEPARTMENT
6 SHALL ISSUE REGISTRATION PLATES SO DESIGNATED ONLY TO PERSONS
7 WHO ARE DISABLED VETERANS. THE DEPARTMENT SHALL NOT CHARGE ANY
8 FEE, OTHER THAN THE REGULAR FEE FOR ANNUAL REGISTRATION, FOR THE
9 ISSUANCE OF SUCH REGISTRATION PLATES.
10 SUBCHAPTER C
11 VIOLATIONS AND SUSPENSIONS
12 Sec.
13 1371. Operation following suspension of registration.
14 1372. Unauthorized transfer or use of registration.
15 1373. Suspension of registration.
16 1374. Suspension of vehicle business registration plates.
17 1375. Suspension of registration of unapproved carriers.
18 1376. Surrender of registration plates and cards upon
19 suspension.
20 1377. Judicial review of denial or suspension of registration.
21 § 1371. Operation following suspension of registration.
22 (a) General rule.--No person shall operate and no owner
23 shall permit to be operated upon any highway a vehicle the
24 registration of which has been suspended.
25 (b) Penalty.--Any person violating this section is guilty of
26 a summary offense and shall, upon conviction, be sentenced to
27 pay a fine of not less than $100 nor more than $500.
28 § 1372. Unauthorized transfer or use of registration.
29 No person shall:
30 (1) allow a registration card or plate or permit to be
19750H1817B2873 - 83 -
1 used by any person not authorized to use it or on any vehicle
2 other than the vehicle for which it was issued;
3 (2) use any registration card or plate or permit unless
4 authorized to do so; or
5 (3) display a registration card or plate in, on or in
6 connection with any vehicle other than the vehicle for which
7 it was issued.
8 § 1373. Suspension of registration.
9 The department may suspend any registration after providing
10 opportunity for a hearing in any of the following cases when the
11 department finds upon sufficient evidence that:
12 (1) The vehicle is unsafe or unfit for operation or is
13 not equipped as required by this title.
14 (2) The owner or registrant has made, or permitted to be
15 made, any unlawful use of the vehicle or registration plate
16 or plates, or registration card, or permitted the use by a
17 person not entitled thereto.
18 (3) The owner or registrant has knowingly made a false
19 statement or knowingly concealed a material fact or otherwise
20 committed a fraud in any application or form required to be
21 filed by this title.
22 (4) Upon the request or order of any court of record.
23 (5) The required fee has not been paid.
24 (6) The registrant or any agent or employee has
25 repeatedly violated any of the provisions of this chapter or
26 Chapter 11 (relating to certificate of title and security
27 interests).
28 § 1374. Suspension of vehicle business registration plates.
29 (a) General rule.--The department may suspend registration
30 plates for dealers, manufacturers or members of the
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1 "Miscellaneous Motor Vehicle Business" class after providing
2 opportunity for a hearing in any of the following cases when the
3 department finds upon sufficient evidence that:
4 (1) The registrant is no longer entitled to licensing as
5 a dealer or manufacturer or to registration in the
6 "Miscellaneous Motor Vehicle Business" class.
7 (2) The registrant has made or permitted to be made any
8 unlawful use of the vehicle or registration plate or plates
9 or registration card or permitted the use by a person not
10 entitled thereto.
11 (3) The registrant has knowingly made a false statement
12 or knowingly concealed a material fact or otherwise committed
13 a fraud in any application.
14 (4) The registrant has failed to give notice of transfer
15 of ownership or of the destruction or junking of any vehicle
16 when and as required by this title.
17 (5) The registrant has failed to deliver to a transferee
18 lawfully entitled thereto or to the department, when and as
19 required by this title, a properly assigned certificate of
20 title.
21 (6) The registrant has repeatedly violated any of the
22 provisions of this title.
23 (7) Any fee payable to the Commonwealth in connection
24 with the operation of the business of the registrant has not
25 been paid.
26 (b) Recommended action by State licensing board.--The
27 department may also audit and investigate dealers and
28 manufacturers registered by the State Board of Motor Vehicle
29 Manufacturers, Dealers and Salesmen to determine whether any
30 dealer or manufacturer has violated any provision of this title
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1 pertaining to dealers or manufacturers or any regulation
2 promulgated by the department. The department may recommend that
3 the State Board of Motor Vehicle Manufacturers, Dealers and
4 Salesmen suspend the license of any dealer or manufacturer which
5 it finds has committed a violation and the board shall take
6 prompt action on any such recommendations under the act of
7 September 9, 1965 (P.L.499, No.254), known as the "Motor Vehicle
8 Manufacturer's Dealers and Salesmen's License Act."
9 § 1375. Suspension of registration of unapproved carriers.
10 (a) General rule.--The department shall suspend the
11 registration of any vehicle upon the presentation to the
12 department of a certificate of the Pennsylvania Public Utility
13 Commission setting forth, after hearing and investigation, that
14 the commission has found and determined that the vehicle has
15 been operated as a common carrier or contract carrier by motor
16 vehicle within this Commonwealth without the approval of the
17 commission and either that no appeal was filed from such
18 determination in the manner and within the time provided by law
19 or that the determination was affirmed on appeal.
20 (b) Rescission of suspension.--Any suspension of
21 registration under this section may be rescinded by the
22 department upon the petition of the owner of such vehicle or of
23 the lessee provided the petition is accompanied by a certificate
24 of the Pennsylvania Public Utility Commission setting forth that
25 the commission does not object to the rescission.
26 § 1376. Surrender of registration plates and cards upon
27 suspension.
28 (a) General rule.--The department, upon suspending any
29 registration, shall require the registration plate or plates and
30 registration card to be surrendered immediately to the
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1 department and may delegate authority to any authorized
2 department employee or police officer to seize the registration
3 plate or plates and registration card or cards.
4 (b) Penalty.--Any person failing or refusing to surrender to
5 the department, upon demand, any registration plate or card
6 which has been suspended is guilty of a summary offense and
7 shall, upon conviction, be sentenced to pay a fine of $100.
8 § 1377. Judicial review of denial or suspension
9 of registration.
10 Any person whose registration has been denied or suspended by
11 the department shall have the right to appeal by filing a
12 petition within 30 days from the date notice is mailed for a
13 hearing in the court of common pleas in the county in which the
14 individual resides. The filing of the petition shall act as a
15 supersedeas and the suspension of registration shall not be
16 imposed until determination of the matter as provided in this
17 section. The court is hereby vested with jurisdiction, and it
18 shall be the duty of the court to set the matter down forthwith
19 for hearing upon 30 days written notice to the department, and
20 thereupon to take testimony and examine into the facts of the
21 case and to determine whether the petitioner is entitled to
22 registration or subject to suspension of registration under the
23 provisions of this title.
24 CHAPTER 15
25 LICENSING OF DRIVERS
26 Subchapter
27 A. General Provisions
28 B. Comprehensive System For Driver Education and Control
29 C. Violations
30 SUBCHAPTER A
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1 GENERAL PROVISIONS
2 Sec.
3 1501. Drivers required to be licensed.
4 1502. Persons exempt from licensing.
5 1503. Persons ineligible for licensing.
6 1504. Classes of licenses.
7 1505. Learners' permits.
8 1506. Application for driver's license or learner's permit.
9 1507. Application for driver's license or learner's permit by
10 minor.
11 1508. Examination of applicant for driver's license.
12 1509. Qualifications for Class 4 license.
13 1510. Issuance and content of driver's license.
14 1511. Carrying and exhibiting driver's license on demand.
15 1512. Restrictions on drivers' licenses.
16 1513. Duplicate and substitute drivers' licenses and learners'
17 permits.
18 1514. Expiration and renewal of drivers' licenses.
19 1515. Notice of change of name or address.
20 1516. Department records.
21 1517. Medical advisory board.
22 1518. Reports on mental or physical disabilities or disorders.
23 1519. Determination of incompetency.
24 § 1501. Drivers required to be licensed.
25 (a) General rule.--No person, except those expressly
26 exempted, shall drive any motor vehicle upon a highway in this
27 Commonwealth unless the person has a driver's license valid
28 under the provisions of this chapter.
29 (b) Persons in towed vehicles.--No person, except those
30 expressly exempted, shall steer or, while within the passenger
19750H1817B2873 - 88 -
1 compartment of the vehicle, exercise any degree of physical
2 control of a vehicle being towed by a motor vehicle upon a
3 highway in this Commonwealth unless the person has a valid
4 driver's license under the provisions of this chapter for the
5 type or class of vehicle being towed.
6 (c) Limitation on number of licenses.--No person shall
7 receive a driver's license unless and until the person
8 surrenders to the department all valid licenses in the person's
9 possession issued by this or any other state. All surrendered
10 licenses issued by another state shall be returned to that
11 state, together with information that the person is licensed in
12 this Commonwealth. No person shall be permitted to have more
13 than one valid driver's license at any time.
14 (d) Penalty.--Any person violating subsection (a) is guilty
15 of a summary offense and shall, upon conviction, be sentenced to
16 pay a fine of not less than $100 $200, except that, if the <--
17 person charged furnishes satisfactory proof of having held a
18 valid driver's license issued during the preceding driver's
19 license period and no more than 30 days have elapsed from the
20 last date for renewal, the fine shall be $25. No person charged
21 with violating subsections (a) or (b) shall be convicted if the
22 person produces at the office of the issuing authority or the
23 arresting police officer within five days a driver's license
24 valid in this Commonwealth at the time of the arrest.
25 § 1502. Persons exempt from licensing.
26 The following persons are not required to obtain a driver's
27 license under this chapter:
28 (1) Any employee of the Federal Government while
29 operating a motor vehicle owned by or leased to the Federal
30 Government and being operated on official business unless the
19750H1817B2873 - 89 -
1 employee is required by the Federal Government or any agency
2 thereof to have a state driver's license.
3 (2) Any person in the service of the Pennsylvania
4 National Guard when furnished with a valid military driver's
5 license and operating an official vehicle on official
6 business.
7 (3) Any nonresident who is at least 16 years of age and
8 who has in possession a valid driver's license issued in the
9 person's home state or country except that a person who has
10 been issued a valid driver's license in a country other than
11 the United States or Canada shall be exempt only upon showing
12 a satisfactory understanding of official traffic-control
13 devices. A nonresident may only drive the class or classes of
14 vehicles in this Commonwealth for which the person is
15 licensed to drive in the person's home state or country
16 subject to all restrictions contained on the license.
17 (4) Any person on active duty in the armed forces of the
18 United States who has in their immediate possession a valid
19 driver's license issued in a foreign country by the armed
20 forces of the United States may operate a motor vehicle in
21 this Commonwealth for a period of not more than 45 days from
22 the date of the person's return to the United States.
23 (5) Any person 14 years of age or older operating an
24 implement of husbandry or any motorized self-propelled
25 equipment not required to be registered under this title.
26 Persons under 16 years of age are restricted to the operation
27 of implements of husbandry on one and two lane highways which
28 bisect or immediately adjoin the premises upon which such
29 person resides.
30 § 1503. Persons ineligible for licensing.
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1 (a) General rule.--The department shall not issue any
2 driver's license to, or renew the driver's license of, any
3 person:
4 (1) Whose operating privilege has been IS suspended or <--
5 revoked in this or any other state except as otherwise
6 provided in this title.
7 (2) Whose operating privilege is suspended or revoked in
8 any other state upon grounds which would authorize the
9 suspension or revocation of the operating privilege under
10 this title.
11 (3) Who is a user of alcohol or any controlled substance
12 to a degree rendering the user incapable of safely driving a
13 motor vehicle. This paragraph does not apply to any person
14 who is enrolled or otherwise participating in a methadone or
15 other controlled substance treatment program approved by the
16 Governor's Council on Drug and Alcohol Abuse provided that
17 the person is certified to be competent to drive by a
18 physician designated by the Governor's Council on Drug and
19 Alcohol Abuse.
20 (4) Who has been adjudged to be afflicted with or
21 suffering from any mental disability or disease and who has
22 not at the time of application been restored to competency by
23 the methods provided by law.
24 (5) Whose name has been submitted under the provisions
25 of section 1518 (relating to reports on mental or physical
26 disabilities or disorders).
27 (6) Who is required by the department to take an
28 examination until the person has successfully passed the
29 examination.
30 (7) Who has repeatedly violated any of the provisions of
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1 this chapter. The department shall provide an opportunity for
2 a hearing upon invoking this paragraph.
3 (b) Minors.--The department shall not issue any driver's
4 license to any person who is under the age of 18 16 years. <--
5 except that the department shall issue a driver's license to any <--
6 person who is at least 16 years of age and who presents evidence
7 that the person has satisfactorily completed a driver education
8 course and all other requirements necessary for the type of
9 license to be issued. This course must be approved by the
10 department and the Department of Education and may be given by a
11 public school, a private school or a licensed professional
12 driver training school. Upon receiving an application signed and
13 verified by a parent, guardian or person in loco parentis, the
14 department shall issue a learner's permit to any person who has
15 attained the age of 15 years 9 months in order that the person
16 may receive classroom instruction in an approved driver training
17 course. Upon such person's 16th birthday, the learner's permit
18 shall be valid for driving on the highways of this Commonwealth
19 subject to the provisions of this chapter governing the use of
20 learners permits.
21 § 1504. Classes of licenses.
22 (a) Proper class of license required.--No person shall drive
23 any motor vehicle upon a highway in this Commonwealth unless the
24 person has a valid driver's license for the type or class of
25 vehicle being driven.
26 (b) Notation of class on license.--The department upon
27 issuing a driver's license shall indicate on the license the
28 type or general class or classes of vehicle or vehicles the
29 licensee may operate in accordance with the provisions of
30 subsection (c).
19750H1817B2873 - 92 -
1 (c) Qualifications of applicants.--The department shall
2 establish by regulation the qualifications necessary for the
3 safe operation of the various types, sizes or combinations of
4 vehicles and the manner of examining applicants to determine
5 their qualifications for the type or general class of license
6 applied for.
7 (d) Number and description of classes.--Licenses issued by
8 the department shall be classified in the following manner:
9 (1) Class 1.--A Class 1 license shall be issued to those
10 persons who have demonstrated their qualifications to operate
11 a single vehicle not in excess of 26,000 30,000 pounds <--
12 registered gross weight or any such vehicle towing a trailer
13 not in excess of 9,000 10,000 pounds gross weight. The holder <--
14 of a Class 1 license shall not be deemed qualified to operate
15 buses, school buses or motorcycles unless the license is
16 endorsed as provided in this section.
17 (2) Class 2.--A Class 2 license shall be issued to those
18 persons over 18 years of age who have demonstrated their
19 qualifications to operate a single vehicle of over 26,000 <--
20 30,000 pounds registered gross weight or any bus or any such <--
21 vehicle towing a trailer not in excess of 9,000 10,000 pounds <--
22 gross weight. The holder of a Class 2 license shall be deemed
23 qualified to operate those vehicles for which a Class 1
24 license is issued, but not school buses or motorcycles unless
25 the license is endorsed as provided in this section.
26 (3) Class 3.--A Class 3 license shall be issued to those
27 persons over 18 years of age who have demonstrated their
28 qualifications to operate a vehicle while in combination with
29 or towing a trailer in excess of 10,000 pounds gross weight.
30 The holder of a Class 3 license shall be deemed qualified to
19750H1817B2873 - 93 -
1 operate those vehicles for which a Class 1 or Class 2 license
2 is issued, but not school buses or motorcycles unless the
3 license is endorsed as provided in this section.
4 (4) Class 4.--Persons who have qualified to operate
5 school buses in accordance with this title and the rules and
6 regulations promulgated and adopted by the department shall
7 have the qualification endorsed on the license as provided in
8 this section.
9 (5) Class 5.--Those persons who have demonstrated their
10 qualifications to operate a motorcycle, and who have <--
11 satisfactorily completed a driver education course for such
12 vehicles, shall have that qualification endorsed on one of
13 the basic classes of license described in this section. If a
14 person is qualified only to operate a motorcycle he shall be
15 issued a license with only that qualification endorsed on the
16 license.
17 (6) Class 6.--Those persons who have demonstrated their
18 qualifications to operate a motor-driven cycle or motorized
19 bicycle shall have that qualification endorsed on one of the
20 basic classes of license described in this section. If a
21 person is qualified only to operate a motor-driven cycle or
22 motorized bicycle he shall be issued a license with only that
23 qualification endorsed on the license.
24 (e) Removal of class from license.--A person with a license
25 endorsed for a class may, upon request, have the endorsement
26 removed by the department without prejudice.
27 § 1505. Learners' permits.
28 (a) General rule.--A person who desires to obtain a driver's
29 license or who desires to be licensed in a class for which the
30 person is not already licensed shall apply to the department for
19750H1817B2873 - 94 -
1 the class or classes of license in which the person desires to
2 be licensed. The department shall issue to each applicant a
3 learner's permit which shall clearly identify the class of
4 license applied for as provided in section 1504 (relating to
5 classes of licenses).
6 (b) Learner must be accompanied.--A learner's permit
7 entitles the person to whom it was issued to drive vehicles and
8 combinations of vehicles of the class or classes specified, but
9 only while the holder of the learner's permit is accompanied by
10 and under the immediate supervision of a person who:
11 (1) is licensed in this Commonwealth to drive vehicles
12 of the class then being driven by the holder of the learner's
13 permit; and
14 (2) is actually occupying a seat beside the holder of
15 the learner's permit unless the vehicle is a motorcycle.
16 (c) Operation of motorcycle.--A motorcycle learner's permit
17 entitles the person to whom it is issued to operate a motorcycle
18 between sunrise and sunset while under the instruction and
19 immediate supervision of a licensed motorcycle operator.
20 Motorcycle learners shall not carry any passenger other than an
21 instructor properly licensed to operate a motorcycle.
22 (d) Duration of permit.--A learner's permit shall be valid
23 for a period of 120 days after date of issue, or until the
24 holder of the permit has failed the examination as authorized in
25 section 1508 (relating to examination of applicant for driver's
26 license) three times within the 120-day period.
27 § 1506. Application for driver's license or learner's permit.
28 (a) Form and content.--Every application for a learner's
29 permit or driver's license shall be made upon a form furnished
30 by the department and shall contain such information as the
19750H1817B2873 - 95 -
1 department may require to determine the applicant's identity,
2 competency and eligibility.
3 (b) Signature and certification.--The application shall be
4 signed by the applicant who shall certify that the statements
5 made are true and correct.
6 § 1507. Application for driver's license or learner's permit by
7 minor.
8 (a) Signature of parent or guardian.--The application of any
9 person under the age of 18 years for a learner's permit or
10 driver's license shall also be signed by the father, mother,
11 guardian or person in loco parentis which signature shall be
12 verified before a person authorized to administer oaths or
13 before an authorized department employee.
14 (b) Signature of spouse of married minor.--The application
15 of any married person under the age of 18 years may be signed by
16 the spouse, if the spouse is at least 18 years of age, and
17 verified before a person authorized to administer oaths.
18 (c) Certification of person signing.--Any person signing the
19 application shall certify that the statements made thereon are
20 true and correct to the best of the applicant's knowledge,
21 information and belief and that the person consents to the
22 issuance of the driver's license or learner's permit.
23 (d) Withdrawal of consent.--Any person who has signed the
24 application of a person under the age of 18 years for a driver's
25 license or learner's permit may thereafter file with the
26 department a verified written request that the driver's license
27 or learner's permit of the person be cancelled and the
28 department shall cancel the driver's license or learner's
29 permit.
30 § 1508. Examination of applicant for driver's license.
19750H1817B2873 - 96 -
1 (a) General rule.--Every applicant for a driver's license
2 shall be examined for the type or class of vehicles that the
3 applicant desires to drive. The examination shall include a test
4 of the applicant's eyesight, ability to read and understand
5 official traffic-control devices, knowledge of safe driving
6 practices and the traffic laws of this Commonwealth, and shall
7 include an actual demonstration of ability to exercise ordinary
8 and reasonable control in the operation of a motor vehicle of
9 the type or class of vehicles for which the applicant desires a
10 license to drive. The examination may also include a physical
11 and mental examination if the department finds it necessary to
12 further determine an applicant's fitness to operate a motor
13 vehicle safely upon the highways.
14 (b) Issuance of license to licensed nonresident.--A driver's
15 license may be issued to a person who has not had a learner's
16 permit but who at the time of application is of sufficient age
17 and has a valid driver's license issued by another state under a
18 law requiring the examination and licensing of drivers,
19 providing that the applicant demonstrates knowledge and
20 understanding of rules of the road and official traffic-control
21 devices. Also, the department must be satisfied that the
22 applicant's experience in driving vehicles which may be driven
23 by holders of the classes of licenses sought by the applicant is
24 sufficient to justify the issuance of the license without
25 further behind-the-wheel training.
26 § 1509. Qualifications for Class 4 license.
27 (a) School bus driver requirements.--No person shall be
28 issued a Class 4 license unless the person:
29 (1) has successfully completed a course of instruction
30 as provided in subsection (c); and
19750H1817B2873 - 97 -
1 (2) has satisfactorily passed an annual physical
2 examination to be given by the physician for the school
3 district by which the person is employed.
4 (b) Proof of annual physical examination.--Every school bus
5 driver shall carry a certificate issued by an examining
6 physician indicating that the person has passed the prescribed
7 physical examination, including an examination of the eyes,
8 within the preceeding 12 months.
9 (c) School bus driver training program.--The department
10 shall establish standards for a basic course and a refresher
11 course for school bus drivers. The courses shall be conducted by
12 school districts or groups of school districts or any State or
13 Federal transportation association of school bus operators
14 designated by the school district on a continuing basis, with
15 the costs and responsibility for completion of the training to
16 be borne by the school district or private or parochial school
17 for which the drivers operate.
18 § 1510. Issuance and content of driver's license.
19 (a) General rule.--The department shall, upon payment of the
20 required fee, issue to every qualified applicant a driver's
21 license indicating the type or general class of vehicles the
22 licensee may drive, which license may contain a distinguishing
23 number identifying the licensee, the actual name, date of birth,
24 residence address, a color photograph of the licensee, such
25 other information as may be required by the department, and
26 either a facsimile of the signature of the licensee or a space
27 upon which the licensee shall write his usual signature with pen
28 and ink. At the option of the applicant the applicant's social
29 security number may be used as the distinguishing number
30 identifying the licensee. No driver's license shall be valid
19750H1817B2873 - 98 -
1 until it has been signed by the licensee.
2 (b) Identification card.--The department shall, upon payment
3 of the required fee, issue an identification card to any person
4 who has made application therefor in such manner as the
5 department shall prescribe. The identification card shall have
6 substantially the same content as a driver's license but shall
7 clearly indicate that it is not a driver's license. Upon failure
8 of any person to pass any examination required under section
9 1514 (relating to expiration and renewal of drivers' licenses),
10 the department shall, where appropriate, issue a complimentary
11 identification card as an expression of gratitude for years of
12 safe driving. The card shall only be issued upon receipt of the
13 person's driver's license.
14 (c) Anatomical donors.--Any person who is registered as an
15 anatomical organ donor and who has in his possession a card
16 issued by the recipient organization may attach the card to the
17 reverse side of his driver's license or identification card in
18 such a way as to permit the removal of this card should the
19 person no longer desire to be designated as an anatomical donor.
20 § 1511. Carrying and exhibiting driver's license on demand.
21 (a) General rule.--Every licensee shall possess a driver's
22 license issued to the licensee at all times when driving a motor
23 vehicle and shall exhibit the license upon demand by a police
24 officer, and when requested by the police officer the licensee
25 shall write the licensee's name in the presence of the officer
26 in order to provide identity.
27 (b) Production to avoid penalty.--No person shall be
28 convicted of violating this section or section 1501(a) (relating
29 to drivers required to be licensed) if the person produces at
30 the office of the issuing authority or the arresting officer
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1 within five days a driver's license valid in this Commonwealth
2 at the time of the arrest.
3 § 1512. Restrictions on drivers' licenses.
4 (a) General rule.--The department upon issuing a driver's
5 license shall have authority whenever good cause appears to
6 impose restrictions suitable to the licensee's driving ability
7 with respect to special mechanical control devices required on a
8 motor vehicle which the licensee may operate or such other
9 restrictions applicable to the licensee as the department may
10 determine to be appropriate to assure the safe operation of a
11 motor vehicle by the licensee.
12 (b) Compliance with restrictions.--No person shall operate a
13 motor vehicle in any manner in violation of the restrictions
14 imposed.
15 § 1513. Duplicate and substitute drivers' licenses and
16 learners' permits.
17 (a) General rule.--If a learner's permit or driver's license
18 issued under the provisions of this chapter is mutilated, lost,
19 stolen, destroyed or becomes illegible, the person to whom it
20 was issued, upon furnishing proof satisfactory to the department
21 that the license or permit has been mutilated, lost, stolen,
22 destroyed, or has become illegible, shall obtain a duplicate or
23 substitute license or permit upon payment of the required fee.
24 (b) Return of original.--If a duplicate or substitute
25 learner's permit or driver's license has been issued, any person
26 who finds or otherwise obtains possession of the original shall
27 return the original to the department.
28 § 1514. Expiration and renewal of drivers' licenses.
29 (a) General rule.--Every driver's license shall expire in
30 the month of the licensee's birthdate at yearly intervals of not <--
19750H1817B2873 - 100 -
1 more than four years as may be determined by the department.
2 Every license shall be renewable on or before its expiration
3 upon application, payment of the required fee, and satisfactory
4 completion of any examination required or authorized by this
5 chapter.
6 (b) Examination of applicants for renewal.--The department
7 may require persons applying for renewal of a driver's license
8 to take and successfully pass a physical examination if the
9 department has reason to believe, either based on knowledge of
10 the person or on statistical inference, that the person may be a
11 traffic safety hazard. The department may require the applicant
12 to take and successfully pass such additional tests as the
13 department may find reasonably necessary to determine the
14 applicant's qualification according to the type or general class
15 of license applied for and such examination may include any or
16 all of the other tests required or authorized upon original
17 application by section 1508 (relating to examination of
18 applicant for driver's license). Upon refusal or neglect of the
19 person to submit to the examination, the driver's license shall
20 not be renewed until such time as the examination is
21 successfully completed.
22 (c) Reexamination requested by court.--The department shall
23 reexamine any person when requested to do so by a court. Upon
24 the conclusion of such examination, the department may take any
25 of the actions described in subsection (b) and shall report its
26 findings and action to the court if such report is requested.
27 (d) Military personnel and dependents.--Notwithstanding
28 subsection (a), a driver's license held by any person who enters
29 or is on active service in the armed forces of the United States
30 or the spouse or dependent child of the member of the armed
19750H1817B2873 - 101 -
1 forces who resides with such person shall continue in full force
2 and effect so long as the active service continues and the
3 person is absent from this Commonwealth, and for a further
4 period of 45 days following the date of the person's discharge
5 or separation from active service or return to this
6 Commonwealth, unless the driver's license is sooner suspended,
7 cancelled or revoked for cause according to law. A driver's
8 license which otherwise would have expired under subsection (a)
9 shall be valid only if the licensee has in immediate possession,
10 together with the driver's license, papers indicating actual
11 service outside this Commonwealth, or discharge or separation,
12 as the case may be, or proof thereof if a spouse or child.
13 § 1515. Notice of change of name or address.
14 Whenever any person after applying for or receiving a
15 driver's license moves from the address named in the application
16 or in the driver's license issued or when the name of a licensee
17 is changed such person shall, within 15 days thereafter, notify
18 the department in writing of the old and new addresses or of
19 such former and new names and of the number of any license then
20 held by the person.
21 § 1516. Department records.
22 (a) Applications, suspensions and revocations.--The
23 department shall file every application for a license received
24 by it and shall maintain suitable records containing:
25 (1) All applications denied and the reasons for denial.
26 (2) All applications granted.
27 (3) The name of every licensee whose license has been
28 suspended or revoked by the department and the reasons for
29 such action.
30 (b) Accidents and convictions.--The department shall file
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1 all accident reports and abstracts of court records of
2 convictions received by it under the laws of this Commonwealth
3 and maintain actual or facsimile records or make suitable
4 notations in order that the records of each licensee showing
5 convictions of the licensee and the traffic accidents shall be
6 available for official use. These records shall also be made
7 available to the courts for sentencing purposes.
8 (c) Dismissal of charges for violations.--If a charge for
9 violation of any of the provisions of this title against any
10 person is dismissed by any court of competent jurisdiction, no
11 record of the charge and dismissal shall be included in the
12 driving record of the person.
13 (d) Updating driving record.--Drivers wishing to have their
14 record reviewed by the department may make such a request in
15 order that the record be brought up to date.
16 § 1517. Medical advisory board.
17 (a) Membership.--There shall be a medical advisory board
18 consisting of 13 members appointed by the department SECRETARY. <--
19 The board shall be composed of an authorized representative from
20 the Department of Transportation, Department of Justice,
21 Governor's Council on Drug and Alcohol Abuse, Department of
22 Health, Pennsylvania State Police and professionals as follows:
23 One neurologist, one doctor of cardiovascular disease, one
24 doctor of internal medicine, one general practitioner, one
25 ophthalmologist, one psychiatrist, one orthopedic surgeon and
26 one optometrist.
27 (b) Formulation of regulations.--The board shall formulate
28 rules and regulations for adoption by the department on physical
29 and mental criteria including vision standards relating to the
30 licensing of drivers under the provisions of this chapter.
19750H1817B2873 - 103 -
1 § 1518. Reports on mental or physical disabilities or
2 disorders.
3 (a) Definition of disorders and disabilities.--The medical
4 advisory board shall define disorders characterized by lapses of
5 consciousness or other mental or physical disabilities affecting
6 the ability of a person to drive safely for the purpose of the
7 reports required by this section.
8 (b) Reports by medical personnel.--All physicians and other
9 persons authorized to diagnose or treat disorders and
10 disabilities defined by the medical advisory board shall report
11 to the department, in writing, the full name, date of birth and
12 address of every person over 15 years of age diagnosed as having
13 any specified disorder or disability within ten days.
14 (c) Responsibility of institution heads.--The person in
15 charge of every mental hospital, institution or clinic, or any
16 alcohol or drug treatment facility, shall be responsible to
17 assure that reports are filed in accordance with subsection (b).
18 (d) Confidentiality of reports.--The reports required by
19 this section shall be confidential and shall be used solely for
20 the purpose of determining the qualifications of any person to
21 drive a motor vehicle on the highways of this Commonwealth.
22 (e) Use of report as evidence.--No report forwarded under
23 the provisions of this section shall be used as evidence in any
24 civil or criminal trial except in any proceeding under section
25 1519(c) (relating to determination of incompetency).
26 (f) Immunity from civil and criminal liability.--No civil or
27 criminal action may be brought against any person or agency for
28 providing the information required under this system.
29 § 1519. Determination of incompetency.
30 (a) General rule.--The department, having cause to believe
19750H1817B2873 - 104 -
1 that a licensed driver or applicant may not be physically or
2 mentally qualified to be licensed, may obtain the advice of a
3 physician who shall cause an examination to be made or who shall
4 designate any other qualified physician. The licensed driver or
5 applicant may cause a written report to be forwarded to the
6 department by a physician of the driver's or applicant's choice.
7 The department shall appoint one or more qualified persons who
8 shall consider all medical reports and testimony and determine
9 the competency of the driver or the applicant to drive.
10 (b) Confidentiality of reports and evidence.--Reports
11 received by the department for the purpose of assisting the
12 department in determining whether a person is qualified to be
13 licensed are for the confidential use of the department and may
14 not be divulged to any person or used as evidence in any trial
15 except that the reports may be admitted in proceedings under
16 subsection (c) and any physician conducting an examination
17 pursuant to subsection (a) may be compelled to testify
18 concerning observations and findings in such proceedings. The
19 party calling the physician as an expert witness shall be
20 obliged to pay the reasonable fee for such testimony.
21 (c) Recall of operating privilege.--The department shall
22 recall the operating privilege of any person whose incompetency
23 has been established under the provisions of this chapter. The
24 recall shall be for an indefinite period until satisfactory
25 evidence is presented to the department in accordance with
26 regulations to establish that such person is competent to drive
27 a motor vehicle. Any person aggrieved by recall of the operating
28 privilege may appeal to the court of common pleas in the manner
29 provided in section 1551 (relating to judicial review).
30 SUBCHAPTER B
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1 COMPREHENSIVE SYSTEM FOR DRIVER EDUCATION
2 AND CONTROL
3 Sec.
4 1531. Administration of system by department.
5 1532. Revocation of operating privilege.
6 1533. Suspension of operating privilege for failure to respond
7 to citation.
8 1534. Suspension of operating privilege upon acceptance of
9 Accelerative Rehabilitative Disposition.
10 1535. Schedule of convictions and points.
11 1536. Notice of assignment of points.
12 1537. Removal of points.
13 1538. School, examination or interview HEARING <--
14 on accumulation of points OR EXCESSIVE SPEEDING. <--
15 1539. Suspension of operating privilege on accumulation of
16 points.
17 1540. Surrender of license.
18 1541. Period of revocation or suspension of operating
19 privilege.
20 1542. Driving while operating privilege is suspended or
21 revoked.
22 1543. Assignment of points for conviction in another state.
23 1544. Additional period of revocation or suspension.
24 1545. Restoration of operating privilege.
25 1546. Suspension or revocation of nonresident's operating
26 privilege.
27 1547. Suspension or revocation for conviction in another state.
28 1548. Chemical test to determine amount of alcohol.
29 1549. Post conviction examination for driving under influence.
30 1550. Establishment of schools.
19750H1817B2873 - 106 -
1 1551. Judicial review.
2 § 1531. Administration of system by department.
3 The department shall administer an integrated system for
4 revocation and suspension of operating privileges and for driver
5 education, testing and control and for this purpose shall
6 maintain a record as to every driver of convictions of offenses
7 set forth in this title and such other convictions and offenses
8 as are punishable by suspension or revocation under this title.
9 § 1532. Revocation of operating privilege.
10 (a) One year revocation.--The department shall revoke the
11 operating privilege of any person for one year upon receiving a
12 certified record of the driver's conviction of any of the
13 following offenses:
14 (1) Homicide by vehicle as required by section 3733
15 (relating to homicide by vehicle).
16 (2) Any felony under this title or any felony in the
17 commission of which a court determines that a motor vehicle
18 was essentially involved.
19 (3) Failure to stop, render aid or identify himself as
20 required by section 3742 (relating to accidents involving
21 death or personal injury) in the event of a motor vehicle
22 accident resulting in the death or personal injury of
23 another.
24 (4) Driving while the operating privilege is revoked. <--
25 (b) Six month revocation.--The department shall revoke the
26 operating privilege of any person for six months upon receiving
27 a certified record of the driver's conviction of any misdemeanor
28 under this title except as otherwise provided in subsection (a)
29 OR OF A SUMMARY OFFENSE UNDER SECTION 3367 (RELATING TO RACING <--
30 ON HIGHWAYS), 3731 (RELATING TO RECKLESS DRIVING), 3734
19750H1817B2873 - 107 -
1 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER) OR
2 3735 (RELATING TO DRIVING WITHOUT LIGHTS TO AVOID IDENTIFICATION
3 OR ARREST). THIS SUBSECTION DOES NOT EFFECT AN ADDITIONAL PERIOD
4 OF REVOCATION OF THE OPERATING PRIVILEGES OF A DRIVER WHO
5 RECEIVES AN ADDITIONAL PERIOD OF REVOCATION FOR A SECOND OR
6 SUBSEQUENT VIOLATION OF SECTION 1542 (RELATING TO DRIVING WHILE
7 OPERATION PRIVILEGE IS SUSPENDED OR REVOKED).
8 § 1533. Suspension of operating privilege for failure to
9 respond to citation.
10 The department shall suspend the operating privilege of any
11 person who has failed to respond to a citation to appear before
12 a court of competent jurisdiction of this Commonwealth or of any
13 state for violation of this title, other than overtime parking,
14 upon being duly notified as provided by law. The suspension
15 shall be for an indefinite period until such person shall
16 respond and pay any fines and penalties imposed. Such suspension
17 shall be in addition to the requirement of withholding renewal
18 or reinstatement of a violator's driver's license as prescribed
19 in section 1503(c) (relating to persons ineligible for
20 licensing).
21 § 1534. Suspension of operating privilege upon acceptance of
22 Accelerative Rehabilitative Disposition.
23 The department shall suspend the operating privilege of any
24 person:
25 (1) for one year if the person was arrested for any
26 offense enumerated in section 1532(a) (relating to revocation
27 of operating privilege) and was offered and accepted
28 Accelerative Rehabilitative Disposition under the
29 Pennsylvania Rules of Criminal Procedure; or
30 (2) for six months if the person was arrested for any
19750H1817B2873 - 108 -
1 misdemeanor under this title and was offered and accepted
2 Accelerative Rehabilitative Disposition under the
3 Pennsylvania Rules of Criminal Procedure.
4 § 1535. Schedule of convictions and points.
5 (a) General rule.--A point system for driver education and
6 control is hereby established which is related to other
7 provisions for use, suspension and revocation of the operating
8 privilege as specified under this title. Every driver licensed
9 in this Commonwealth who is convicted of any of the following
10 offenses shall be assessed points as of the date of violation in
11 accordance with the following schedule:
12 Section Number Offense Points
13 1512 Violation of restriction on
14 driver's license. 2
15 1571 Violations concerning licenses. 3
16 3102 Failure to obey policeman or
17 authorized person. 2
18 3112(a)(3)(i) Failure to stop for a red light. 3
19 3114(a)(1) Failure to stop for a flashing
20 red light. 3
21 3302 Failure to yield half of roadway
22 to oncoming vehicle. 3
23 3303 Other improper IMPROPER <--
24 passing. 3
25 3304 Other improper passing. 3
26 3305 Other improper passing. 3
27 3306(a)(1) Improper OTHER IMPROPER <--
28 passing. 4
29 3306(a)(2) Other improper passing. 3
30 3306(a)(3) Other improper passing. 3
19750H1817B2873 - 109 -
1 3307 Other improper passing. 3
2 3310 Following too closely. 3
3 3321 Failure to yield to driver on the
4 right at intersection. 3
5 3322 Failure to yield to oncoming driver
6 when making left turn. 3
7 3323(b) Failure to stop for stop signs. 3
8 3324 Failure to yield when entering or
9 crossing roadway between intersections. 3
10 3332 Improper turning around. 3
11 3341 Failure to stop for flashing red
12 lights or gate at railroad crossing. 3
13 3344 Failure to stop when entering from
14 alley, driveway or building. 3
15 3345(a) Failure to stop for school bus
16 with flashing red lights. 5
17 (and 30 days suspension)
18 3361 Driving too fast for conditions. 4
19 3362 Exceeding maximum speed.--Over Limit:
20 6-10 2
21 11-15 3
22 16-25 4
23 26-30 4 <--
24 5 <--
25 (and 15 days suspension) <--
26 31-over 5
27 (and 30 days suspension) <--
28 DEPARTMENTAL HEARING) <--
29 3366 3365(b) Exceeding special speed limit <--
30 in school zones. 3
19750H1817B2873 - 110 -
1 3366 3365(c) Exceeding special speed limit <--
2 for trucks on downgrades. 3
3 3542(a) Failure to yield to pedestrians in
4 crosswalk. 2
5 3547 Failure to yield to pedestrian on
6 sidewalk. 3
7 3549(a) Failure to yield to blind pedestrian. 3
8 3702 Improper backing.
9 3712 3711 Careless driving. 3 <--
10 3745 Leaving scene of accident involving
11 property damage only. 4
12 (b) Multiple offenses from same act.--If a driver is
13 convicted of two or more offenses as a result of the same act,
14 points shall be assessed only for the offense for which the
15 greatest number of points may be assessed.
16 § 1536. Notice of assignment of points.
17 Whenever points are assigned to a driver's record, the
18 department shall send to that person at his last known address a
19 letter of notice pointing out the fact and emphasizing the
20 nature and effects of the point system. Failure to receive such
21 letter shall not prevent the suspension of the operating
22 privilege pursuant to this subchapter.
23 § 1537. Removal of points.
24 (a) General rule.--Points recorded against any person shall
25 be removed at the rate of three points for each 12 consecutive
26 months in which such person has not committed any violation
27 which results in the assignment of points or in suspension or
28 revocation under this chapter. Removal of points is governed by
29 the date of violation.
30 (b) Subsequent accumulation of points.--When a driver's
19750H1817B2873 - 111 -
1 record is reduced to zero points and is maintained at zero
2 points for 12 consecutive months, any accumulation of points
3 thereafter shall be regarded as an initial accumulation of
4 points.
5 § 1538. School, examination or interview HEARING on <--
6 accumulation of points OR EXCESSIVE SPEEDING. <--
7 (a) Initial accumulation of six points.--When any person's
8 record for the first time shows as many as six points, the
9 department shall require the person to attend an approved driver
10 improvement school or undergo a special examination and shall so
11 notify the person in writing. Upon satisfactory attendance and
12 completion of the course or upon passing the special examination
13 and upon payment to the department of a fee of $10, two points <--
14 shall be removed from the person's record. Failure to attend and
15 satisfactorily complete the requirements of driver improvement
16 school shall result in the suspension of such person's operating
17 privilege for 60 days. Failure to pass the examination shall
18 result in the suspension of the operating privilege until the
19 examination has been satisfactorily completed.
20 (b) Second accumulation of six points.--When any person's
21 record has been reduced below six points and for the second time
22 shows as many as six points OR WHEN ANY PERSON IS CONVICTED OF <--
23 DRIVING 31 MILES PER HOUR OR MORE IN EXCESS OF THE SPEED LIMIT,
24 the department shall require the person to attend a departmental
25 hearing. The hearing examiner may recommend that the person:
26 (1) be required to attend a driver improvement school;
27 (2) undergo an examination as provided for in section
28 1508 (relating to examination of applicant for driver's
29 license); or
30 (3) have his driver's license suspended for a period not
19750H1817B2873 - 112 -
1 exceeding 15 days.
2 The department may effect or modify the recommendation but may
3 not increase any suspension beyond 15 days. Upon compliance with
4 the order of the department and upon payment to the department <--
5 of a fee of $10, two points shall be removed from the person's
6 record. FAILURE TO ATTEND THE HEARING OR TO ATTEND AND <--
7 SATISFACTORILY COMPLETE THE REQUIREMENTS OF A DRIVER IMPROVEMENT
8 SCHOOL SHALL RESULT IN THE SUSPENSION OF SUCH PERSON'S OPERATING
9 PRIVILEGE FOR 60 DAYS. Failure to pass an examination shall
10 result in the suspension of such person's operating privilege
11 until the examination has been satisfactorily completed.
12 (c) Subsequent accumulations of six points.--When any
13 person's record has been reduced below six points and for the
14 third or subsequent time shows as many as six points, the
15 department may SHALL require the driver to attend a departmental <--
16 hearing to determine whether the person's operating privilege
17 shall SHOULD be suspended for a period not to exceed 30 days. <--
18 Failure to attend the hearing and OR to comply with the <--
19 requirements of the findings of the department hearing shall <--
20 result in the suspension of the operating privilege until the
21 person has complied.
22 (d) Accumulation of eleven points.--When any person's record
23 shows an accumulation of 11 points prior to completing any
24 requirement of this section, the department shall suspend the
25 operating privilege of the person in accordance with section
26 1539 (relating to suspension of operating privilege on
27 accumulation of points).
28 § 1539. Suspension of operating privilege on accumulation of
29 points.
30 (a) General rule.--When any person's record shows an
19750H1817B2873 - 113 -
1 accumulation of 11 points or more, the department shall suspend
2 the operating privilege of the person as provided in subsection
3 (b).
4 (b) Duration of suspension.--The first suspension shall be
5 for a period of 5 days for each point, the second suspension
6 shall be for a period of 10 days for each point, the third
7 suspension shall be for a period of 15 days for each point and
8 any subsequent suspension shall be for a period of one year.
9 (c) Determination of subsequent suspensions.--Every
10 suspension and revocation under any provision of this subchapter
11 shall be counted in determining whether a suspension is a
12 second, third or subsequent suspension.
13 (d) Section not exclusive.--Suspension under this section is
14 in addition to any suspension mandated under section 1535
15 (relating to schedule of convictions and points).
16 § 1540. Surrender of license.
17 (a) Surrender to court.--Upon a conviction for any offense
18 which calls for mandatory revocation in accordance with section
19 1532 (relating to revocation of operating privilege) or upon
20 offer and acceptance of Accelerative Rehabilitative Disposition
21 under section 1534 (relating to suspension of operating
22 privilege upon acceptance of Accelerative Rehabilitative
23 Disposition), the court or the district attorney shall require
24 the surrender of any driver's license then held by the defendant
25 and shall forward the driver's license together with a record of
26 the conviction or Accelerative or Rehabilitative Disposition to
27 the department.
28 (b) Surrender to department.--Upon the suspension of the
29 operating privilege of any person by the department, the
30 department shall forthwith notify the person in writing to
19750H1817B2873 - 114 -
1 surrender his driver's license to the department for the term of
2 suspension.
3 § 1541. Period of revocation or suspension of operating
4 privilege.
5 (a) Commencement of period.--The period of revocation or
6 suspension of the operating privilege shall commence on the date
7 on which the driver's license was surrendered to and received by
8 the court or the department, as the case may be. The period of
9 revocation or suspension of a nonresident licensed driver or an
10 unlicensed driver shall commence on the date of conviction, or
11 in the case of a revocation or suspension without a conviction,
12 on a date determined by the department in accordance with its
13 regulations. The department may, upon request of the person
14 whose license is suspended, delay the commencement of the period
15 of suspension for a period not exceeding six months whenever the
16 department determines that failure to grant the extension will
17 result in hardship to the person whose license has been
18 suspended.
19 (b) Eligibility for restoration of operating privilege.--Any
20 person whose operating privilege has been revoked or suspended
21 shall not be eligible for the restoration of the operating
22 privilege until the expiration of the period of revocation or
23 suspension.
24 (c) Restoration of revoked operating privilege.--Any person
25 whose operating privilege has been revoked is not entitled to
26 automatic restoration of the operating privilege. Such person
27 may apply for a license if permitted under the provisions of
28 this chapter and shall be issued a learner's permit under
29 section 1505 (relating to learners' permits) upon expiration of
30 the revocation.
19750H1817B2873 - 115 -
1 § 1542. Driving while operating privilege is suspended or
2 revoked.
3 (a) Offense defined.--Any person who drives a motor vehicle
4 on any highway of this Commonwealth at a time when the operating
5 privilege is suspended, revoked or recalled is guilty of a
6 summary offense and shall, upon conviction, be sentenced to pay
7 a fine of not less than $100 $200. <--
8 (b) Extending existing suspension or revocation.--The
9 department, upon receiving a certified record of the conviction
10 of any person under this section upon a charge of driving a
11 vehicle while the operating privilege was suspended, shall
12 revoke such privilege for an additional period of six months
13 from the date the person would otherwise have been eligible to
14 be restored. If the conviction was upon a charge of driving
15 while the operating privilege was revoked, the department shall
16 extend the revocation for an additional period of one year from
17 the date the person would otherwise have been entitled to apply
18 for such privilege.
19 § 1543. Assignment of points for conviction in another state.
20 (a) General rule.--In the case of a conviction in another
21 state and if a reciprocity agreement exists with the state as
22 provided in Subchapter C of Chapter 61 (relating to
23 reciprocity), the department shall assign points when the
24 conviction, if committed in this Commonwealth, would result in
25 the assignment of points to the person's record.
26 (b) Hearing.--Upon receipt of notice of assignment of points
27 under this section, the person may request a hearing and the
28 department shall hold a hearing to determine if the assignment
29 of points would constitute an injustice. The request for hearing
30 shall operate as a supersedeas.
19750H1817B2873 - 116 -
1 § 1544. Additional period of revocation or suspension.
2 (a) Additional point accumulation.--When any person's record
3 shows an accumulation of additional points during a period of
4 suspension or revocation, the department shall extend the
5 existing period of suspension or revocation at the rate of five
6 days for each additional point and the person shall be so
7 notified in writing.
8 (b) Additional suspension.--When any person's record shows
9 an additional suspension of the operating privilege assessed
10 during a period of suspension or revocation, the department
11 shall extend the existing period of suspension or revocation for
12 the appropriate period and the person shall be so notified in
13 writing.
14 (c) Revocation during suspension.--When any person's record
15 shows an additional conviction calling for revocation of the
16 operating privilege during a period of suspension, the
17 department shall add the appropriate revocation onto the period
18 of suspension and the person shall be so notified in writing.
19 (d) Revocation during revocation.--When any person's record
20 shows a conviction calling for revocation of the operating
21 privilege during a period of revocation, the department shall
22 extend the existing period of revocation for the appropriate
23 period and the person shall be so notified in writing.
24 § 1545. Restoration of operating privilege.
25 Upon the restoration of any person's operating privilege
26 which has been suspended or revoked pursuant to this subchapter,
27 such person's record shall show five points, except that any
28 additional points assessed against the person since the date of
29 the last violation resulting in the suspension or revocation
30 shall be added to such five points unless the person has served
19750H1817B2873 - 117 -
1 an additional period of suspension or revocation pursuant to
2 section 1544(a) (relating to additional period of revocation or
3 suspension).
4 § 1546. Suspension or revocation of nonresident's operating
5 privilege.
6 (a) General rule.--The privilege of driving a motor vehicle
7 on the highways of this Commonwealth given to a nonresident
8 shall be subject to suspension or revocation by the department
9 in like manner and for like cause as a resident's operating
10 privilege.
11 (b) Transmitting conviction record to state of residence.--
12 The department shall, upon receiving a record of the conviction
13 in this Commonwealth of a nonresident driver of a motor vehicle
14 of any offense, forward a certified copy of the record to the
15 motor vehicle administrator in the state wherein the person so
16 convicted is a resident if there is a reciprocity agreement with
17 the other state.
18 (c) Transmitting department action to state of residence.--
19 When a nonresident's operating privilege is suspended or
20 revoked, the department shall forward a certified copy of the
21 record of such action to the motor vehicle administrator in the
22 state wherein such person resides if there is a reciprocity
23 agreement with the other state.
24 § 1547. Suspension or revocation for conviction in another
25 state.
26 (a) General rule.--The department shall suspend or revoke
27 the operating privilege of any resident of this Commonwealth or
28 the privilege of a nonresident to drive a motor vehicle in this
29 Commonwealth upon receiving notice of the conviction of the
30 person in another state of an offense which, if committed in
19750H1817B2873 - 118 -
1 this Commonwealth, would be ground for a suspension or
2 revocation of the operating privilege if there is a reciprocity
3 agreement with the other state.
4 (b) Hearing.--Upon receipt of notice of suspension or
5 revocation under this section, the person may request a hearing
6 and the department shall hold a hearing to determine if the
7 suspension or revocation of his operating privilege would
8 constitute an injustice. The request for a hearing shall operate
9 as a supersedeas.
10 § 1548. Chemical test to determine amount of alcohol.
11 (a) General rule.--Any person who operates a motor vehicle
12 in this Commonwealth shall be deemed to have given consent to a
13 chemical test of breath or blood for the purpose of determining
14 the alcoholic content of blood if a police officer shall have
15 reasonable grounds to believe the person to have been driving a
16 motor vehicle while under the influence of alcohol. The test
17 shall be administered by qualified personnel and with equipment
18 approved by the department. Qualified personnel means a
19 physician or a technician acting under the physician's direction
20 or a police officer who has fulfilled the training requirements
21 in the use of such equipment in a training program approved by
22 the department.
23 (b) Suspension for refusal.--If any person is requested to
24 submit to a chemical test and refuses to do so, the test shall
25 not be given but upon notice by the police officer, the
26 department shall suspend the operating privilege of the person
27 for a period of six months. It shall be the duty of the police
28 officer to inform the person that the person's operating
29 privilege will be suspended if such person refuses to submit to
30 a chemical test. Any person whose operating privilege is
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1 suspended under the provisions of this section shall have the
2 same right of appeal as provided for in cases of suspension for
3 other reasons.
4 (c) Test results admissible in evidence.--In any summary
5 proceeding or criminal proceeding in which the defendant is
6 charged with driving a motor vehicle while under the influence
7 of alcohol, the amount of alcohol in the defendant's blood, as
8 shown by a chemical analysis of his breath or blood, which
9 analysis was conducted with equipment approved by the department
10 and operated by qualified personnel, shall be admissible in
11 evidence.
12 (d) Presumptions from amount of alcohol.--If chemical
13 analysis of a person's breath or blood shows:
14 (1) that the amount of alcohol by weight in the blood of
15 the person tested is 0.05% or less, it shall be presumed that
16 the person tested was not under influence of alcohol and the
17 person shall not be charged with any violation under section
18 3732(a)(1) or (2) (relating to driving under influence of
19 alcohol or controlled substance), or if the person was so
20 charged prior to the test, the charge shall be void ab
21 initio; or
22 (2) that the amount of alcohol by weight in the blood of
23 the person tested is in excess of 0.05% but less than 0.10%,
24 this fact shall not give rise to any presumption that the
25 person tested was or was not under the influence of alcohol,
26 but this fact may be considered with other competent evidence
27 in determining whether the person was or was not under the
28 influence of alcohol.
29 (e) Other evidence admissible.--Subsections (a) through (d)
30 shall not be construed as limiting the introduction of any other
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1 competent evidence bearing upon the question whether or not the
2 defendant was under the influence of alcohol.
3 (f) Test results available to defendant.--Upon the request
4 of the person tested, the results of any chemical test shall be
5 made available to him or his attorney.
6 (g) Blood test in lieu of breath test.--If for any reason a
7 person is physically unable to supply enough breath to complete
8 a chemical test, a physician or a technician acting under the
9 physician's direction may withdraw blood for the purpose of
10 determining its alcoholic content. The chemical analysis of the
11 blood taken under these circumstances shall be admissible in
12 evidence in the same manner as are the results of the breath
13 chemical test. The operating privilege of any person who refuses
14 to allow a blood test under the above circumstances shall be
15 suspended pursuant to subsection (b).
16 (h) Test by personal physician.--The person tested shall be
17 permitted to have a physician of his own choosing administer an
18 additional breath or blood chemical test and the results of the
19 test shall also be admissible in evidence. The chemical test
20 given at the direction of the police officer shall not be
21 delayed by a person's attempt to obtain an additional test.
22 (i) Request by driver for test.--Any person involved in an
23 accident or placed under arrest for driving a motor vehicle
24 while under the influence of alcohol may request that he be
25 given a chemical test of his breath. Such requests shall be
26 honored when it is reasonably practicable to do so.
27 § 1549. Post conviction examination for driving under
28 influence.
29 (a) Pre-sentencing examination.--Before sentencing any
30 person convicted of violating section 3732 (relating to driving
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1 under influence of alcohol or controlled substance), the court
2 shall conduct or order an appropriate examination or
3 examinations to determine whether the person needs or would
4 benefit from treatment for alcohol or drug abuse.
5 (b) Order for treatment.--After the examination, the court
6 may, upon a hearing and determination that the person is an
7 habitual user of alcohol or drugs, order supervised treatment on
8 an outpatient basis, or upon additional determinations that the
9 person constitutes a danger to himself or others and that
10 adequate treatment facilities are available, the court may order
11 him committed for treatment at a facility or institution
12 approved by the Governor's Council on Drug and Alcohol Abuse. No
13 commitment or supervised treatment on an outpatient basis shall
14 exceed one year.
15 (c) Examination by own physician.--Any person subject to
16 this section may be examined by a physician of his own choosing
17 and the results of the examination shall be considered by the
18 court.
19 (d) Review of order.--Upon motion duly made by the convicted
20 person, an attorney, a relative or an attending physician, the
21 court at any time after an order of commitment shall review the
22 order. After determining the progress of treatment, the court
23 may order its continuation, the person's release or supervised
24 treatment on an outpatient basis.
25 § 1550. Establishment of schools.
26 (a) Driver improvement schools.--The department is
27 authorized to establish and maintain driver improvement schools
28 throughout this Commonwealth. The department shall approve and
29 conduct an annual review of the course material for the schools.
30 The curriculum to be presented must be uniform throughout this
19750H1817B2873 - 122 -
1 Commonwealth. All instructors shall be properly certified by the
2 department.
3 (b) Course of instruction on alcohol and driving.--The
4 department in conjunction with the Governor's Council on Drug
5 and Alcohol Abuse shall establish and maintain a course of
6 instruction on the problems of alcohol and driving. The
7 curriculum of the course of instruction established by the
8 department and the Governor's Council on Drug and Alcohol Abuse
9 shall be uniform throughout this Commonwealth and shall be
10 reviewed by the department on an annual basis. This course shall
11 be applicable to persons with no prior convictions for driving
12 or being in actual physical control of a motor vehicle while
13 under the influence of alcohol or any controlled substance.
14 § 1551. Judicial review.
15 (a) General rule.--Any person denied a driver's license or
16 whose operating privilege has been recalled, canceled, suspended
17 or revoked by the department shall have the right to appeal by
18 filing a petition within 30 days from the date notice is mailed
19 for a hearing in the court of common pleas of the county in
20 which the driver resides or, in the case of cancellation,
21 suspension or revocation of a nonresident's operating privilege,
22 in the county in which the offense giving rise to the recall,
23 cancellation, suspension or revocation occurred.
24 (b) Supersedeas.--The filing of the petition shall operate
25 as a supersedeas and no suspension, cancellation or revocation
26 shall be imposed against such person until final determination
27 of the matter.
28 (c) Jurisdiction and proceedings of court.--The court is
29 hereby vested with jurisdiction and it shall be its duty to set
30 the matter for hearing forthwith upon 30 days written notice to
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1 the department and to determine whether the petitioner is in
2 fact the person whose operating privilege is subject to the
3 recall, suspension, cancellation or revocation.
4 SUBCHAPTER C
5 VIOLATIONS
6 Sec.
7 1571. Violations concerning licenses.
8 1572. Cancellation of driver's license.
9 1573. Driving under foreign license during suspension or
10 revocation.
11 1574. Permitting unauthorized person to drive.
12 1575. Permitting violation of title.
13 1576. Local authorities liable for negligence of their
14 employees.
15 § 1571. Violations concerning licenses.
16 (a) Offenses defined.--It is unlawful for any person:
17 (1) To exhibit or cause or permit to be exhibited or
18 have in possession any recalled, canceled, suspended,
19 revoked, fictitious or fraudulently altered driver's license.
20 (2) To lend a driver's license to any other person or
21 permit the use thereof by another.
22 (3) To exhibit or represent as one's own any driver's
23 license not issued to the person.
24 (4) To fail or refuse to surrender to the department
25 upon lawful demand a canceled, suspended, revoked, fictitious
26 or fraudulently altered driver's license.
27 (b) Penalty.--Any person violating any of the provisions of
28 this section is guilty of a summary offense and shall, upon
29 conviction, be sentenced to pay a fine of not less than $50 <--
30 $100.
19750H1817B2873 - 124 -
1 § 1572. Cancellation of driver's license.
2 The department may cancel any driver's license upon
3 determining that the licensee was not entitled to the issuance
4 or that the person failed to give the required or correct
5 information or committed fraud in making the application or in
6 obtaining the license or the fee has not been paid. Upon the
7 cancellation, the licensee shall immediately surrender the
8 canceled license to the department.
9 § 1573. Driving under foreign license during suspension or
10 revocation.
11 Any resident or nonresident whose operating privilege to
12 drive a motor vehicle in this Commonwealth has been recalled,
13 cancelled, suspended or revoked as provided in this title shall
14 not drive a motor vehicle in this Commonwealth under a license
15 or permit issued by any other jurisdiction or otherwise during
16 the suspension or after the recall, cancellation or revocation
17 until a new driver's license is obtained when and as permitted
18 under this chapter.
19 § 1574. Permitting unauthorized person to drive.
20 (a) General rule.--No person shall authorize or permit a
21 motor vehicle owned by him or under his control to be driven
22 upon any highway by any person who is not authorized under this
23 chapter or who is not licensed for the type or class of vehicle
24 to be driven.
25 (b) Penalty.--Any person violating the provisions of
26 subsection (a) is guilty of a summary offense and shall be
27 jointly and severally liable with the driver for any damages
28 caused by the negligence of such driver in operating the
29 vehicle.
30 § 1575. Permitting violation of title.
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1 (a) General rule.--No person shall authorize or permit a
2 motor vehicle owned by him or under his control to be driven in
3 violation of any of the provisions of this title.
4 (b) Penalty.--Any person violating the provisions of
5 subsection (a) is guilty of the same offense as the driver of
6 such vehicle and subject to the same penalties including any
7 suspension or revocation of the operating privilege or the
8 assessment of points.
9 § 1576. Local authorities liable for negligence of their
10 employees.
11 Every local authority within this Commonwealth shall be
12 jointly and severally liable with any employee for damages
13 caused by the negligence of the employee while operating a motor
14 vehicle or fire department equipment upon a highway in the
15 course of his employment. Every local authority shall also be
16 jointly and severally liable with any member of a volunteer fire
17 company for any damage caused by the negligence of the member
18 while operating a motor vehicle or fire department equipment
19 used by or belonging to the volunteer fire company while going
20 to, attending or returning from a fire or while engaged in any
21 other proper use of the motor vehicle or fire department
22 equipment for the volunteer fire company.
23 CHAPTER 17
24 FINANCIAL RESPONSIBILITY
25 Subchapter
26 A. General Provisions
27 B. Deposit of Security
28 C. Proof of Future Responsibility
29 SUBCHAPTER A
30 GENERAL PROVISIONS
19750H1817B2873 - 126 -
1 Sec.
2 1701. Application of chapter.
3 1702. Administration of chapter.
4 1703. Availability of other remedies.
5 1704. Transfer of suspended registration to evade chapter.
6 § 1701. Application of chapter.
7 This chapter does not apply with respect to any motor vehicle
8 owned by the United States, the Commonwealth or any political
9 subdivision.
10 § 1702. Administration of chapter.
11 The department shall administer and enforce the provisions of
12 this chapter and may make rules and regulations necessary for
13 the administration of this chapter.
14 § 1703. Availability of other remedies.
15 This chapter shall not be construed as preventing the
16 plaintiff in any action at law from relying for relief upon
17 other remedies provided by law.
18 § 1704. Transfer of suspended registration to evade chapter.
19 (a) General rule.--If the registrations of any vehicles are
20 suspended under this chapter, the registrations shall not be
21 transferred, nor the vehicles registered in any other name,
22 until the department is satisfied that the transfer of
23 registrations is proposed in good faith and not for the purpose
24 or with the effect of defeating the purposes of this chapter.
25 (b) Sale of repossessed vehicle.--This section does not
26 apply to or affect the registration of any motor vehicle sold by
27 a person who, pursuant to the terms or conditions of any written
28 instrument giving a right of repossession, has exercised such
29 right and has repossessed the motor vehicle from a person whose
30 registration has been suspended under the provisions of this
19750H1817B2873 - 127 -
1 chapter.
2 (c) Rights of lienholders and lessors.--This chapter does
3 not in any way affect the rights of any conditional vendor,
4 chattel mortgagee or lessor of a motor vehicle registered in the
5 name of another person who becomes subject to the provisions of
6 this chapter.
7 SUBCHAPTER B
8 DEPOSIT OF SECURITY
9 Sec.
10 1721. Deposit of security following accident.
11 1722. Suspension of license of resident involved in
12 accident in another state.
13 1723. Exceptions to security requirements.
14 1724. Duration of suspension.
15 1725. Coverage and revision of security.
16 1726. Custody, disposition and return of security.
17 1727. Matters not evidence in civil actions.
18 1728. Appeal to court from action of department.
19 § 1721. Deposit of security following accident.
20 (a) Determination of amount.--If, 20 days after the receipt
21 of a report of a motor vehicle accident within this Commonwealth
22 as provided for in Subchapter C of Chapter 37 (relating to
23 accidents and accident reports), the department does not have on
24 file satisfactory evidence that the person who would otherwise
25 be required to file security under subsection (b) has been
26 released from liability, has been finally adjudicated not to be
27 liable, has executed a warrant for confession of judgment or
28 written agreement providing for payment of all claims for
29 injuries or damages resulting from the accident in such manner
30 as the parties have agreed, the department shall determine the
19750H1817B2873 - 128 -
1 amount of security which in its judgment shall be sufficient to
2 satisfy any judgment or judgments that may be recovered against
3 each driver or owner for damages resulting from the accident
4 upon the basis of reports, information or other evidence
5 submitted to or obtained by the department.
6 (b) Suspensions for failure to deposit security.--The
7 department shall, within 60 days after the receipt of a report
8 of a motor vehicle accident, suspend the operating privilege of
9 each driver and all registrations of each owner of a motor
10 vehicle in any manner involved in such accident; and if such
11 owner is a nonresident, the privilege of using within this
12 Commonwealth any motor vehicle owned by him, unless the driver
13 or owner or both shall deposit security in the sum determined by
14 the department. Notice of the suspension shall be sent by the
15 department to the driver and owner not less than ten days prior
16 to the effective date of the suspension and shall state the
17 amount required as security. Where erroneous information is
18 given the department with respect to the matters set forth in
19 subsection (c), it shall take appropriate action, as provided in
20 this section, within 60 days after receipt of correct
21 information with respect to such matters.
22 (c) Exceptions.--This section does not apply under the
23 conditions stated in section 1723 (relating to exceptions to
24 security requirements) or to any of the following:
25 (1) The driver or owner, if the owner had in effect at
26 the time of such accident, the motor vehicle insurance
27 required in section 104 of the act of July 19, 1974 (P.L.489,
28 No.176), known as the "Pennsylvania No-fault Motor Vehicle
29 Insurance Act," covering the motor vehicle involved in the
30 accident.
19750H1817B2873 - 129 -
1 (2) The driver, if not the owner of the motor vehicle,
2 if at the time of the accident the driver's operation of the
3 motor vehicle was covered by the motor vehicle insurance
4 required in section 104 of the "Pennsylvania No-fault Motor
5 Vehicle Insurance Act."
6 (3) The driver or owner if the liability of the driver
7 or owner for damages resulting from such accident is, in the
8 judgment of the department, covered by any other form of
9 liability insurance policy or bond, in an amount sufficient
10 to satisfy any judgment or judgments as determined by the
11 department in accordance with subsection (a), or in the
12 amounts provided in section 104 (a) of the "Pennsylvania No-
13 fault Motor Vehicle Insurance Act," whichever is less.
14 (d) Cash or bond as security.--Security required under
15 subsection (b) shall be in the form of cash or a bond issued by
16 surety company authorized to do business in this Commonwealth
17 or, if not authorized to do business in this Commonwealth, if
18 the surety company shall execute a power of attorney authorizing
19 the department to accept service on its behalf of notice or
20 process in any action upon the arising out of the accident.
21 Security shall be in an amount sufficient to satisfy any
22 judgment or judgments as determined by the department in
23 accordance with subsection (a), or in the amounts provided in
24 section 104 (a) of the "Pennsylvania No-fault Motor Vehicle
25 Insurance Act," whichever is less.
26 § 1722. Suspension of license of resident involved in accident
27 in another state.
28 Upon receipt of certification that the operating privilege of
29 a resident of this Commonwealth has been suspended in any other
30 state pursuant to a law providing for suspension for failure to
19750H1817B2873 - 130 -
1 deposit security for the payment of judgments arising out of a
2 motor vehicle accident under circumstances which would require
3 the department to suspend a nonresident's operating privilege
4 had the accident occurred in this Commonwealth, and if the law
5 of the state contains reciprocal provisions, the department
6 shall suspend the operating privilege of the resident if he was
7 the driver and involved in the accident. The suspension shall
8 continue until the resident furnishes evidence of his compliance
9 with the law of the other state relating to the deposit of
10 security.
11 § 1723. Exceptions to security requirements.
12 The requirements as to security and suspension of section
13 1721 (relating to deposit of security following accident) do not
14 apply to any of the following:
15 (1) The driver and the owner of a motor vehicle involved
16 in an accident in which no injury or damage was caused to the
17 person or property of persons other than the driver or owner.
18 (2) The driver and the owner of a motor vehicle legally
19 parked at the time of the accident.
20 (3) The owner of a motor vehicle if at the time of the
21 accident the vehicle was being operated without his
22 permission, express or implied, or was parked by a person who
23 had been operating the motor vehicle without such permission.
24 (4) If prior to the date that the department would
25 otherwise suspend the operating privilege and registrations
26 under section 1721 evidence is filed with the department
27 indicating to its satisfaction that the person who would
28 otherwise have to file security has been released from
29 liability, or has been finally adjudicated not to be liable,
30 or has executed a warrant for confession of judgment or a
19750H1817B2873 - 131 -
1 written agreement acceptable to the injured parties, for
2 payment of all claims for injuries or damages resulting from
3 one accident in such manner as the parties have agreed.
4 (5) In the event a person involved in an accident as
5 described in this chapter fails to submit any information
6 requested by the department indicating the extent of his
7 injuries or the damage to his property, within 50 days after
8 the accident, and the department does not have sufficient
9 evidence on which to base an evaluation of the injuries or
10 damage, then the department, after reasonable notice to such
11 person if it is possible to give such notice, otherwise
12 without such notice, shall not require any deposit of
13 security for the benefit or protection of such person.
14 § 1724. Duration of suspension.
15 (a) General rule.--The operating privilege and registrations
16 suspended as provided in section 1721 (relating to deposit of
17 security following accident) shall remain suspended and shall
18 not be renewed nor any registration be issued to the person
19 affected until:
20 (1) such person deposits or has deposited on his behalf
21 the security required under section 1721;
22 (2) two years shall have elapsed following the date of
23 the accident and evidence satisfactory to the department has
24 been filed that no action for damages arising from the
25 accident has been instituted; or
26 (3) evidence satisfactory to the department has been
27 filed of a release from liability, a final adjudication of
28 nonliability, or a warrant for confession of judgment or
29 written agreement providing for payment of all claims for
30 injuries or damages resulting from the accident in such
19750H1817B2873 - 132 -
1 manner as the parties have agreed.
2 (b) Default in payment of installment.--Upon notice of any
3 default in the payment of any installment:
4 (1) under any confession of judgment, the department
5 shall suspend the driver's privilege and the owner's
6 registrations or of the person defaulting, which shall not be
7 restored unless and until the entire amount provided for in
8 the confession of judgment has been paid; or
9 (2) under any written agreement, the department shall
10 suspend the driver's privilege and the owner's registrations
11 or of the person defaulting, which shall not be restored
12 unless and until:
13 (i) such person deposits and thereafter maintains
14 security as required under section 1721 in such amount as
15 the department may then determine; or
16 (ii) two years have elapsed following the date of
17 the accident and no action upon the agreement has been
18 instituted in a court in this Commonwealth.
19 § 1725. Coverage and revision of security.
20 (a) Designation of persons covered.--A person depositing
21 security in accordance with section 1721 (relating to deposit of
22 security following accident) shall specify in writing the person
23 or persons on whose behalf the deposit is made, and at any time
24 while the deposit is in the custody of the department or State
25 Treasurer the person depositing it may, in writing, amend the
26 specification of the person or persons on whose behalf the
27 deposit is made to include an additional person or persons. A
28 single deposit of security shall be applicable only on behalf of
29 persons required to furnish security because of the same
30 accident.
19750H1817B2873 - 133 -
1 (b) Subsequent change of amount.--The department may change
2 the amount of security ordered upon the production of evidence
3 as to the probable measure of damages, if, in its judgment, the
4 amount ordered is excessive or insufficient. In case the
5 security originally ordered has been deposited, the excess
6 deposited over the reduced amount ordered shall be returned to
7 the depositor or his personal representative notwithstanding the
8 provisions of section 1726 (relating to custody, disposition and
9 return of security). In case the security originally deposited
10 is found to be insufficient, the deficiency under the increased
11 amount ordered shall be deposited or, in default thereof, the
12 driver or owner or both shall be subject to the provisions of
13 section 1721(b).
14 § 1726. Custody, disposition and return of security.
15 Security deposited in compliance with the requirements of
16 this chapter shall be placed by the department in the custody of
17 the State Treasurer and shall be applicable only to the payment
18 of a judgment or judgments rendered against the person or
19 persons on whose behalf the deposit was made for damages arising
20 out of the accident in question in an action at law. The
21 deposit, or any balance thereof, shall be returned to the
22 depositor or his personal representative when evidence,
23 satisfactory to the department, has been filed that there has
24 been a release from liability, or a final adjudication of
25 nonliability, the driver or owner, if the liability of the
26 driver or owner for damages resulting from such accident is, in
27 the judgment of the department, covered by any other form of
28 liability insurance policy or bond in an amount sufficient to
29 satisfy any judgment or judgments as determined by the
30 department in accordance with subsection (a), or in the amounts
19750H1817B2873 - 134 -
1 provided in section 104 of the "Pennsylvania No-fault Motor
2 Vehicle Insurance Act," whichever is less, or when after the
3 expiration of two years following the date of the accident and
4 evidence satisfactory to the department has been filed that no
5 action for damages arising from such accident has been
6 instituted.
7 § 1727. Matters not evidence in civil actions.
8 Neither the required report, the action taken by the
9 department pursuant to this chapter, the findings, if any, of
10 the department upon which action is based nor the security filed
11 as provided in section 1721 (relating to deposit of security
12 following accident) shall be referred to in any way nor be any
13 evidence of the negligence or due care of either party at the
14 trial of any action at law to recover damages.
15 § 1728. Appeal to court from action of department.
16 Any person aggrieved by an order or action of the department
17 under this subchapter shall have the same right of appeal as
18 provided in section 1551 (relating to appeal to court JUDICIAL <--
19 REVIEW).
20 SUBCHAPTER C
21 PROOF OF FUTURE RESPONSIBILITY
22 Sec.
23 1741. Court reports on nonpayment of judgments.
24 1742. Suspension for nonpayment of judgments.
25 1743. Continuation of suspension until judgments paid and
26 proof given.
27 1744. Payments sufficient to satisfy judgments.
28 1745. Installment payment of judgments.
29 1746. Proof of financial responsibility after suspension or
30 revocation.
19750H1817B2873 - 135 -
1 1747. Providing financial responsibility.
2 § 1741. Court reports on nonpayment of judgments.
3 (a) General rule.--Whenever any person fails within 60 days
4 to satisfy any judgment arising from a motor vehicle accident,
5 the prothonotary of the court in which the judgment is rendered
6 shall immediately forward to the department a certified copy of
7 the judgment.
8 (b) Notice to state of nonresident defendant.--If the
9 defendant named in any certified copy of a judgment reported to
10 the department is a nonresident, the department shall transmit a
11 certified copy of the judgment to the official in charge of the
12 issuance of licenses and registration certificates of the state
13 of which the defendant is a resident.
14 § 1742. Suspension for nonpayment of judgments.
15 (a) General rule.--The department, upon receipt of a
16 certified copy of a judgment, shall suspend the operating
17 privilege of each driver and registration of each owner against
18 whom the judgment was rendered except as otherwise provided in
19 this section and in section 1745 (relating to installment
20 payment of judgments).
21 (b) Nonsuspension with consent of judgment creditor.--If the
22 judgment creditor consents in writing, in such form as the
23 department may prescribe, that the judgment debtor's operating
24 privilege and registrations be retained or restored, the
25 department shall not suspend or restore for six months from the
26 date of the consent, and thereafter until the consent is revoked
27 in writing, notwithstanding default in the payment of the
28 judgment, or of any installment thereof prescribed in section
29 1745, provided the judgment debtor furnishes proof of financial
30 responsibility.
19750H1817B2873 - 136 -
1 (c) Insurance in effect at time of accident.--Any person
2 whose operating privilege or registrations have been suspended,
3 or are about to be suspended or become subject to suspension,
4 under the provisions of this chapter, shall be relieved from the
5 effect of the judgment as prescribed in this chapter if the
6 person files evidence satisfactory to the department that the
7 insurance required by section 401 (a) of the "Pennsylvania No-
8 fault Motor Vehicle Insurance Act," was in force and effect at
9 the time of the accident resulting in the judgment and is or
10 should be available for the satisfaction of the judgment. If the
11 required insurance is not available because the insurance
12 company has gone into receivership or bankruptcy, the person
13 shall only be required to present to or file with the department
14 proper evidence that an insurance policy was in force and effect
15 at the time of the accident.
16 § 1743. Continuation of suspension until judgments paid and
17 proof given.
18 A person's operating privilege and all registrations shall
19 remain suspended and shall not be renewed nor shall any
20 registration be thereafter issued in the name of such person
21 unless and until every such judgment is stayed, satisfied in
22 full or to the extent provided in this subchapter, and until the
23 person furnishes proof of financial responsibility as required.
24 § 1744. Payments sufficient to satisfy judgments.
25 (a) General rule.--Judgments shall for the purpose of this
26 chapter only be deemed satisfied upon occurrence of one of the
27 following:
28 (1) When $15,000 has been credited upon any judgment or
29 judgments rendered in excess of that amount because of bodily
30 injury to or death of one person as the result of any one
19750H1817B2873 - 137 -
1 accident.
2 (2) When $20,000 has been credited upon any judgment or
3 judgments rendered in excess of that amount because of bodily
4 injury to or death of two or more persons as the result of
5 any one accident.
6 (3) When $5,000 has been credited upon any judgment or
7 judgments rendered in excess of that amount because of injury
8 to or destruction of property of others as the result of any
9 one accident.
10 (b) Credit for payment under settlement.--Payments made in
11 settlement of any claims because of bodily injury, death or
12 property damage arising from a motor vehicle accident shall be
13 credited in reduction of the amounts provided for in this
14 section.
15 (c) Escrow deposit by judgment creditor.--When the judgment
16 creditor cannot be found, the judgment debtor may deposit in
17 escrow with the prothonotary of the court where the judgment was
18 entered an amount equal to the amount of the judgment, subject
19 to the limits set forth in subsection (a), interest to date and
20 record costs, whereupon the prothonotary shall notify the
21 department and the judgment shall be deemed satisfied. The
22 amount deposited shall be retained by the prothonotary for a
23 period of five years from the date of the deposit, after which,
24 if it has not been claimed by the judgment creditor, it shall be
25 returned to the judgment debtor. When the deposit is made, the
26 prothonotary shall notify the judgment creditor and his counsel,
27 if any, by certified or registered mail at his last known
28 address. No interest shall run on any judgment with respect to
29 the amount deposited with the prothonotary under the terms of
30 this subsection.
19750H1817B2873 - 138 -
1 § 1745. Installment payment of judgments.
2 (a) Order authorizing installment payment.--A judgment
3 debtor, upon due notice to the judgment creditor, may apply to
4 the court in which the judgment was rendered for the privilege
5 of paying the judgment in installments and the court, in its
6 discretion and without prejudice to any other legal remedies
7 which the judgment creditor may have, may so order and fix the
8 amounts and times of payment of the installments.
9 (b) Suspension prohibited during compliance with order.--The
10 department shall not suspend a driver's operating privilege or
11 registrations and shall restore any operating privilege or
12 registration suspended following nonpayment of a judgment when
13 the judgment debtor obtains an order permitting payment of the
14 judgment in installments and while the payment of any
15 installment is not in default, provided that the judgment debtor
16 furnishes proof of financial responsibility.
17 (c) Suspension for default in payment.--In the event the
18 judgment debtor fails to pay any installment as specified by the
19 order, then, upon notice of the default, the department shall
20 suspend the operating privilege and all registrations of the
21 judgment debtor until the judgment is satisfied as provided in
22 this chapter.
23 § 1746. Proof of financial responsibility after suspension or
24 revocation.
25 Whenever the department suspends or revokes the operating
26 privilege of any person upon receiving record of a conviction or
27 forfeiture of bail, the department shall not restore the
28 operating privilege until the person furnishes proof of
29 financial responsibility.
30 § 1747. Providing financial responsibility.
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1 (a) General rule.--Proof of financial responsibility may be
2 furnished by filing evidence satisfactory to the department that
3 all motor vehicles registered in a person's name are covered by
4 the insurance required in section 104 of the act of July 18,
5 1974 (P.L.489, No.176), known as the "Pennsylvania No-fault
6 Motor Vehicle Insurance Act"; or, if the person has no motor
7 vehicle, that the person is covered by a non-owner's policy
8 having the same limits of liability as are required in section
9 104 of that act.
10 (b) Nonresident.--The nonresident owner of a motor vehicle
11 not registered in this Commonwealth may give proof of financial
12 responsibility by filing with the department a written
13 certificate or certificates of an insurance carrier authorized
14 to transact business in the state in which the motor vehicle or
15 motor vehicles described in the certificate is registered or, if
16 the nonresident does not own a motor vehicle, then in the state
17 in which the insured resides, provided the certificate otherwise
18 conforms to the provisions of this chapter, and the department
19 shall accept the certificate upon condition that the insurance
20 carrier complies with the following provisions with respect to
21 the policies so certified:
22 (1) The insurance carrier shall execute a power of
23 attorney authorizing the department to accept service on its
24 behalf or process in any action arising out of a motor
25 vehicle accident in this Commonwealth.
26 (2) The insurance carrier shall agree in writing that
27 the policies shall be deemed to conform with the laws of this
28 Commonwealth relating to the terms of motor vehicle liability
29 policies issued in this Commonwealth.
30 (c) Default by foreign insurance carrier.--If any insurance
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1 carrier not authorized to transact business in this
2 Commonwealth, which has qualified to furnish proof of financial
3 responsibility, defaults in any undertakings or agreements, the
4 department shall not thereafter accept as proof any certificate
5 of the carrier whether theretofore filed or thereafter tendered
6 as proof as long as the default continues.
7 CHAPTER 19
8 FEES
9 Subchapter
10 A. General Provisions
11 B. Registration Fees
12 C. Permits
13 D. Miscellaneous Fees
14 SUBCHAPTER A
15 GENERAL PROVISIONS
16 Sec.
17 1901. Exemption of entities and vehicles from fees.
18 1902. Exemptions from other fees.
19 1903. Limitation on local license fees and taxes.
20 1904. Collection and disposition of fees and moneys.
21 § 1901. Exemption of entities and vehicles from fees.
22 (a) Governmental and quasi-governmental entities.--no EXCEPT <--
23 AS OTHERWISE SPECIFICALLY PROVIDED IN THIS TITLE, NO fees shall
24 shall be charged under this title to any of the following: for <--
25 title or registration of, or for certificates of inspection
26 issued to any official inspection station of and when used on,
27 vehicles owned by and used exclusively in the performance of
28 official duties:
29 (1) The Commonwealth.
30 (2) Political subdivisions.
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1 (3) State and local authorities.
2 (4) The Federal Government.
3 (5) Other states.
4 (B) TITLE AND REGISTRATION FEES.--EXCEPT AS OTHERWISE <--
5 PROVIDED, NO FEE SHALL BE CHARGED FOR TITLING OR REGISTRATION OF
6 ANY OF THE FOLLOWING:
7 (1) BUSES OWNED BY URBAN MASS TRANSPORTATION SYSTEMS.
8 (6) Volunteer (2) VEHICLES OWNED BY VOLUNTEER fire, <--
9 rescue and ambulance associations.
10 (7) Foreign (3) VEHICLES OWNED BY FOREIGN nationals <--
11 with the rank of vice consul or higher assigned to a
12 consulate in this Commonwealth provided that citizens of the
13 United States are granted reciprocal exemptions.
14 (4) VETERANS WHO LOST A LIMB OR EYE OR WHO BECAME <--
15 PARTIALLY PARALYZED WHILE SERVING IN THE ARMED FORCES OF THE
16 UNITED STATES DURING ANY PERIOD OF WAR OR ARMED CONFLICT.
17 ONLY ONE VEHICLE, WEIGHING NOT MORE THAN 9,000 POUNDS, SHALL
18 BE REGISTERED FOR ANY VETERAN. THIS PARAGRAPH APPLIES ONLY TO
19 EXEMPTIONS FROM REGISTRATION FEES.
20 (b) Handling (C) PROCESSING fee in lieu of registration <--
21 fee.--No registration fee shall be charged for vehicles owned by
22 any of the following but the department shall charge a fee of
23 $10 to cover the costs of processing for issuing or renewing the
24 registration:
25 (1) Hospital.
26 (2) Humane society.
27 (3) Nonprofit youth center.
28 (4) American Red Cross.
29 (5) Church.
30 (6) Girl Scouts of America.
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1 (7) Boy Scouts of America.
2 (8) Salvation Army.
3 (9) Duly chartered posts of national veterans'
4 organizations.
5 (10) Young Men's Christian Association.
6 (11) Young Men's Hebrew Association.
7 (12) Young Women's Christian Association.
8 (13) Young Women's Hebrew Association.
9 (14) Jewish Community Center.
10 (15) Nonprofit corporations of musical marching groups
11 of youths.
12 (16) Any veteran who lost a limb or eye or who became <--
13 partially paralyzed while serving in the armed forces of the
14 United States during any period of war or armed conflict.
15 Only one passenger vehicle, or one other vehicle with a gross
16 weight or registered gross weight of not more than 9,000
17 pounds, shall be registered for any veteran.
18 (17) (16) Any person who is retired and receiving social <--
19 security or other pension and whose total income does not
20 exceed $7,500 per year. Unless the retired person is
21 physically or mentally incapable of driving the vehicle, the
22 retired person shall be the principal driver of the vehicle
23 but may from time to time authorize another person to drive
24 the vehicle in his or her stead. Only one passenger vehicle
25 or one other vehicle with a gross weight or registered gross
26 weight of not more than 9,000 pounds, may be registered to
27 any person under this paragraph.
28 (c) (D) Limitation on use.--Vehicles titled and registered <--
29 under the provisions of this section shall be operated and used
30 exclusively for the purpose for which the vehicles were entitled
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1 to the exemptions from fees.
2 (d) (E) Penalty.--Any person violating the provisions of <--
3 this section is guilty of a summary offense.
4 § 1902. Exemptions from other fees.
5 No fee shall be charged under this title for or to any of the
6 following:
7 (1) A certificate of title returned to the department
8 for cancellation.
9 (2) The replacement of a registration, registration CARD <--
10 OR plate, driver's license, learner's permit or certificate
11 of title lost in the mail if the applicant files an affidavit
12 of non-receipt within 45 days of the date of original
13 issuance.
14 (3) A certificate of junk.
15 (4) A certificate of rejection.
16 (5) A special hauling permit issued to any person
17 hauling equipment or materials for use on a Federal or State
18 emergency relief project.
19 (6) A manufacturer, jobber or dealer for a certificate
20 of title to a motor vehicle, trailer or semi-trailer when
21 assignment of certificate of title accompanies the
22 application for certificate of title, and when the dealer,
23 manufacturer or jobber is possessed of current manufacturer's
24 dealer's or jobber's registration plates.
25 § 1903. Limitation on local license fees and taxes.
26 No municipality shall require or collect any registration or
27 license fee or tax for any vehicle or driver's license from any
28 person.
29 § 1904. Collection and disposition of fees and moneys.
30 The department shall collect all fees payable under this
19750H1817B2873 - 144 -
1 title and all other moneys received in connection with the
2 administration of this title and transmit them to the State
3 Treasurer for deposit in the Motor License Fund. MONEYS PAID IN <--
4 ERROR MAY BE REFUNDED BY THE DEPARTMENT.
5 SUBCHAPTER B
6 REGISTRATION FEES
7 Sec.
8 1911. Annual registration fees.
9 1912. Passenger cars.
10 1913. Motor homes.
11 1914. Motorcycles.
12 1915. MOTOR-DRIVEN CYCLES. <--
13 1915 1916. Trucks and truck-tractors. <--
14 1916 1917. Motor buses. <--
15 1917 1918. School buses. <--
16 1918 1919. Electric vehicles. <--
17 1919 1920. Trailers and semi-trailers. <--
18 1920. Self-propelled implements of husbandry. <--
19 1921. Special mobile equipment.
20 1922. Antique vehicles.
21 1923. Classic vehicles.
22 1924. Farm trucks.
23 1925. Ambulances, taxis and hearses.
24 1926. Dealers and miscellaneous motor vehicle business.
25 1927. Transfer of registration.
26 1928. Processing temporary registration.
27 1929. Replacement registration plates.
28 1930. Special registration plate series PLATES. <--
29 1931. Duplicate registration cards.
30 § 1911. Annual registration fees.
19750H1817B2873 - 145 -
1 (a) General rule.--An annual fee for the registration of
2 vehicles as provided in Chapter 13 (relating to the registration
3 of vehicles) shall be charged by the department as provided in
4 this title.
5 (b) Department to establish certain fees.--If a vehicle to
6 be registered is of a type not specifically provided for by this
7 title and is otherwise eligible for registration, the department
8 shall determine the most appropriate fee or fee schedule for the
9 vehicle or type of vehicle based on such factors as design and
10 intended use.
11 § 1912. Passenger cars.
12 The annual fee for registration of a passenger car shall be
13 $24.
14 § 1913. Motor homes.
15 The annual fee for registration of a motor home with a <--
16 registered gross weight of 7,000 pounds or less shall be $24 and
17 of a motor home with a registered gross weight in excess of
18 7,000 pounds shall be $48.
19 THE ANNUAL FEE FOR REGISTRATION OF A MOTOR HOME SHALL BE <--
20 DETERMINED BY ITS REGISTERED GROSS WEIGHT IN POUNDS ACCORDING TO
21 THE FOLLOWING TABLE:
22 CLASS REGISTERED GROSS FEE
23 WEIGHT IN POUNDS
24 1 8,000 OR LESS $30
25 2 8,001 - 11,000 42
26 3 11,001 OR MORE 54
27 § 1914. Motorcycles.
28 The annual fee for registration of a motorcycle OTHER THAN A <--
29 MOTOR-DRIVEN CYCLE shall be $12.
30 1915. MOTOR-DRIVEN CYCLES. <--
19750H1817B2873 - 146 -
1 THE ANNUAL FEE FOR REGISTRATION OF A MOTOR-DRIVEN CYCLE SHALL
2 BE $6.
3 § 1915 1916. Trucks and truck-tractors. <--
4 The annual fee for registration of a truck or truck-tractor
5 shall be determined by its registered vehicle weight GROSS <--
6 WEIGHT OR COMBINATION WEIGHT in pounds according to the
7 following table:
8 Class Registered Vehicle Fee <--
9 GROSS OR COMBINATION <--
10 Weight in Pounds
11 1 5,000 or less $ 39
12 2 5,001 - 7,000 50
13 3 7,001 - 9,000 84
14 4 9,001 - 11,000 108
15 5 11,001 - 14,000 132
16 6 14,001 - 17,000 156
17 7 17,001 - 21,000 192
18 8 21,001 - 26,000 216
19 9 26,001 - 30,000 252
20 10 30,001 - 33,000 300
21 11 33,001 - 36,000 324
22 12 36,001 - 40,000 342
23 13 40,001 - 44,000 360
24 14 44,001 - 48,000 384
25 15 48,001 - 52,000 420
26 16 52,001 - 56,000 444
27 17 56,001 - 60,000 500
28 18 60,001 - 64,000 552
29 19 64,001 - 68,000 576
30 20 68,001 - 73,280 606
19750H1817B2873 - 147 -
1 § 1916 1917. Motor buses. <--
2 The annual fee for registration of a motor bus shall be
3 determined by its seating capacity according to the following
4 table:
5 Seating Capacity Fee
6 26 or less $ 6 per seat
7 27 - 51 $156 plus $7 per
8 seat in excess of 26
9 52 or more $360
10 § 1917 1918. School buses. <--
11 The annual fee for registration of a school bus shall be $24.
12 § 1918 1919. Electric vehicles. <--
13 The annual fee for registration of a vehicle which is
14 propelled by electric power shall be $12.
15 § 1919 1920. Trailers and semi-trailers. <--
16 The annual fee for registration of a trailer or semi-trailer
17 shall be $6 except that the fee for a trailer or semi-trailer <--
18 with a gross weight or registered gross weight of 3,001 pounds
19 or more shall be $25.
20 § 1920. Self-propelled implements of husbandry.
21 The annual fee for registration of any self-propelled
22 implement of husbandry shall be $6. SHALL BE DETERMINED BY ITS <--
23 REGISTERED GROSS WEIGHT ACCORDING TO THE FOLLOWING TABLE:
24 REGISTERED GROSS FEE
25 WEIGHT IN POUNDS
26 3,000 OR LESS $ 6
27 3,001 - 10,000 12
28 10,001 OR MORE 25
29 § 1921. Special mobile equipment.
30 The annual fee for registration of special mobile equipment
19750H1817B2873 - 148 -
1 shall be $24.
2 § 1922. Antique vehicles.
3 The fee for registration of an antique motor vehicle shall be
4 $50.
5 § 1923. Classic vehicles.
6 The fee for registration of a classic motor vehicle shall be
7 $50.
8 § 1924. Farm trucks.
9 The annual fee for registration of a farm truck shall be $25.
10 § 1925. Ambulances, taxis and hearses.
11 The annual fee for registration of an ambulance, taxi or
12 hearse shall be $36.
13 § 1926. Dealers and miscellaneous motor vehicle business.
14 (a) General rule.--The annual fee for a dealer registration
15 plate or miscellaneous motor vehicle business plate shall be
16 $24.
17 (b) Motorcycle dealers.--The annual fee for each motorcycle <--
18 dealer registration plate shall be $10. DEALER REGISTRATION <--
19 PLATE ISSUED TO A MOTORCYCLE DEALER OTHER THAN A MOTOR-DRIVEN
20 CYCLE DEALER SHALL BE $12.
21 (c) Implements of husbandry MOTOR-DRIVEN CYCLE dealers.--The <--
22 annual fee for each dealer plate issued to a dealer in <--
23 implements of husbandry shall be $12. REGISTRATION PLATE ISSUED <--
24 TO A MOTOR-DRIVEN CYCLE DEALER SHALL BE $6.
25 § 1927. Transfer of registration.
26 The fee for transfer of registration shall be $4.
27 § 1928. Processing temporary registration.
28 The fee payable by a dealer or other dispensing agent for a
29 temporary registration plate shall be $1. The charge of the
30 agent for providing an applicant with a temporary registration
19750H1817B2873 - 149 -
1 shall not exceed $5.
2 § 1929. Replacement registration plates.
3 The fee for a replacement registration plate shall be $5.
4 § 1930. Special registration plate series PLATES. <--
5 The annual fee for any special series of registration plates <--
6 for which no fee is prescribed in this title shall be $20. THE <--
7 FEE FOR A SPECIAL REGISTRATION PLATE SHALL BE $20 WHICH SHALL BE
8 IN ADDITION TO THE REGISTRATION FEE. ONLY ONE PAYMENT OF THIS
9 FEE SHALL BE CHARGED FOR EACH SPECIAL REGISTRATION PLATE.
10 § 1931. Duplicate registration cards.
11 The fee for each duplicate registration card when ordered at
12 the time of vehicle registration or transfer or renewal of
13 registration shall be $1. The fee for each duplicate
14 registration card issued at any other time shall be $3.
15 SUBCHAPTER C
16 PERMITS
17 Sec.
18 1941. Scope of subchapter.
19 1942. Special hauling permits as to weight and size.
20 1943. Annual hauling permits.
21 1944. Mobile homes and similar trailers.
22 1945. Movements requiring special escort.
23 § 1941. Scope of subchapter.
24 This subchapter prescribes fees payable to the department for
25 permits covering movements on State highways and does not limit
26 the right of local authorities to prescribe fees for permits for
27 movements on streets and highways under their jurisdiction.
28 § 1942. Special hauling permits as to weight and size.
29 (a) Overweight load.--The fee for a special hauling permit <--
30 for each movement of an overweight VEHICLE OR load shall be $15 <--
19750H1817B2873 - 150 -
1 plus 3¢ for each ton-mile computed by multiplying the number of
2 tons by which the actual gross weight exceeds the registered
3 gross weight times the length of the haul in miles. THE PORTION <--
4 OF THE FEE OF AN UNUSED OVERWEIGHT PERMIT BASED ON TON-MILES MAY
5 BE REFUNDED UPON PAYMENT OF A PROCESSING FEE OF $10.
6 (b) Oversize load.--The fee for a special hauling permit for <--
7 each movement of an oversize VEHICLE OR load shall be $15. <--
8 (c) Combination of oversize and overweight.--When a vehicle
9 OR LOAD is both oversize and overweight, only the higher fee <--
10 shall be paid.
11 § 1943. Annual hauling permits.
12 (a) Quarry equipment and machinery.--The annual fee for
13 operation or movement of each piece of heavy quarry equipment or
14 machinery, as provided for in section 4966 (relating to permit
15 for movement of quarry equipment), shall be $25.
16 (b) Implements of husbandry.--The annual fee for operation
17 or movement of each oversize self-propelled implement IMPLEMENTS <--
18 of husbandry, as provided for in section 4967 (relating to
19 permit for movement of implements of husbandry), shall be $20
20 FOR THE FIRST IMPLEMENT AND $5 FOR EACH ADDITIONAL IMPLEMENT. <--
21 (c) Equipment being manufactured.--The annual fee for
22 operation or movement of equipment being manufactured, as
23 provided for in section 4968 (relating to permit for movement of
24 equipment being manufactured), shall be $50.
25 (D) MULTIPLE HIGHWAY CROSSINGS.--THE ANNUAL FEE FOR A SINGLE <--
26 PERMIT FOR MULTIPLE HIGHWAY CROSSINGS, AS PROVIDED IN SECTION
27 4965 (RELATING TO SINGLE PERMITS FOR MULTIPLE HIGHWAY
28 CROSSINGS), SHALL BE $25.
29 § 1944. Mobile homes and similar trailers.
30 (a) Fee.--The fee for a special hauling permit for a mobile
19750H1817B2873 - 151 -
1 home or similar trailer which exceeds the maximum size
2 prescribed in this title shall be $20.
3 (b) Books of permits.--Upon request, permits for movement of
4 mobile homes will be issued in booklet form, containing a
5 convenient number of permits. For each movement, one permit
6 shall be removed from the booklet, dated, trip data entered and
7 securely affixed to the mobile home.
8 § 1945. Movements requiring special escort.
9 When a special escort is required, as provided for in section
10 4962 (relating to conditions of permits and security for
11 damages), the cost of the escort shall be added to the permit
12 fee. THE DEPARTMENT, THE PENNSYLVANIA STATE POLICE AND LOCAL <--
13 AUTHORITIES MAY ESTABLISH SCHEDULES OF FEES FOR ESCORT COSTS
14 BASED ON MILEAGE OR OTHERWISE.
15 SUBCHAPTER D
16 MISCELLANEOUS FEES
17 Sec.
18 1951. Driver's license and learner's permit.
19 1952. Certificate of title.
20 1953. Security interest.
21 1954. Approval of vehicle equipment and testing devices.
22 1955. Information concerning drivers and vehicles.
23 1956. Certified copies of records.
24 1957. Uncollectible checks.
25 1958. Certificates of appointment and CERTIFICATE OF <--
26 inspection.
27 1959. Fee for error or omission in application. <--
28 1960 1959. Messenger service.
29 § 1951. Driver's license and learner's permit.
30 (a) Driver's license.--The annual fee for a driver's license
19750H1817B2873 - 152 -
1 shall be $5.
2 (b) Learner's permit.--The fee for a learner's permit shall
3 be $5.
4 (c) Replacement driver's license.--The fee for a replacement
5 driver's license shall be $3.
6 (D) IDENTIFICATION CARD.--THE FEE FOR AN IDENTIFICATION CARD <--
7 SHALL BE $5.
8 § 1952. Certificate of title.
9 (a) General rule.--The fee for a certificate of title shall
10 be $5.
11 (b) Duplicate certificate.--The fee for a duplicate
12 certificate of title shall be $5.
13 (c) Dealer's MANUFACTURER'S OR DEALER'S notification.--The <--
14 fee for a MANUFACTURER'S OR dealer's notification of the <--
15 acquisition of a vehicle FROM ANOTHER MANUFACTURER OR DEALER for <--
16 resale pursuant to section 1113 (relating to transfer to or from
17 registered MANUFACTURER OR dealer) shall be $2. <--
18 § 1953. Security interest.
19 The fee for recording or changing the amount of security
20 interest on a certificate of title shall be $5.
21 § 1954. Approval of vehicle equipment and testing devices.
22 The department is authorized to charge reasonable fees for
23 the approval of vehicle equipment and testing devices under the
24 provisions of section 4104 (relating to testing and approval of
25 equipment) except that:
26 (1) fees for other testing shall be based on the cost of
27 operating the department equipment approval program and shall
28 not exceed similar fees charged by the American Association
29 of Motor Vehicle Administrators; and
30 (2) no fee shall be charged for approval based on
19750H1817B2873 - 153 -
1 certifications of the American Association of Motor Vehicle
2 Administrators.
3 § 1955. Information concerning drivers and vehicles.
4 The department may supply information as provided in section <--
5 1316 (relating to sale of copies of registration and statistics)
6 concerning learners' permits, drivers' licenses, registration,
7 titling and security interests of vehicles and may require the
8 payment of a fee of $1.50 for each record searched or document
9 copied.
10 (A) REGISTRATIONS, TITLES AND SECURITY INTERESTS.--THE FEE <--
11 FOR COPIES OF OR INFORMATION RELATING TO A REGISTRATION, TITLE
12 OR SECURITY INTEREST SHALL BE $1.50.
13 (B) OTHER DATA AND INFORMATION.--THE DEPARTMENT MAY CHARGE
14 TO ANY PERSON OR GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY A
15 REASONABLE FEE BASED ON THE COST TO THE DEPARTMENT OF COMPILING
16 DATA AND STATISTICAL INFORMATION UPON REQUEST.
17 § 1956. Certified copies of records.
18 (a) Department records.--The fee for a certified copy of any
19 department record which the department is authorized by law to
20 furnish to the public shall be $5 for each form or supporting
21 document comprising such record.
22 (b) State police reports.--The fee for a certified
23 Pennsylvania State Police record of investigation of a vehicle
24 accident which the Pennsylvania State Police are authorized by
25 this title to furnish to the public shall be $5 for each copy of
26 the Pennsylvania State Police full report of investigation.
27 § 1957. Uncollectible checks.
28 Whenever any check issued in payment of any fee or for any
29 other purpose is returned to the department as uncollectible,
30 the department or municipality shall charge a fee of $10 for
19750H1817B2873 - 154 -
1 each driver's license, registration, replacement of tags,
2 transfer of registration, certificate of title, whether original
3 or duplicate, special hauling permit and each other unit of
4 issue by the department or municipality, plus all protest fees,
5 to the person presenting the check, to cover the cost of
6 collection.
7 § 1958. Certificates of appointment and CERTIFICATE OF <--
8 inspection.
9 (a) Certificate of appointment.--Each official inspection <--
10 station shall pay an annual fee of $25 which shall accompany
11 each application for a certificate of appointment as provided
12 for in section 4722 (relating to certificate of appointment).
13 (b) Certificate of inspection.--The department shall charge
14 25¢ for each certificate of inspection.
15 § 1959. Fee for error or omission in application. <--
16 When any application mailed to the department must be
17 returned because essential information or the applicable fee is
18 not included an additional fee of $2 shall be charged when the
19 application is resubmitted.
20 § 1960 1959. Messenger service. <--
21 (a) Annual registration.--The annual fee for registration of
22 a messenger service as provided for in Chapter 75 (relating to
23 messenger service) shall be $50.
24 (b) Additional places of business.--The annual fee for
25 registration of additional place of business or branch office
26 from which a messenger service may transact business shall be
27 $25.
28 (c) Transfer of location.--The fee for the transfer of
29 location of a registered place of business or branch office of a
30 messenger service during a period of registration shall be $2.50 <--
19750H1817B2873 - 155 -
1 $5. <--
2 PART III
3 OPERATION OF VEHICLES
4 Chapter
5 31. General Provisions
6 33. Rules of the Road in General
7 35. Special Vehicles and Pedestrians
8 37. Miscellaneous Provisions.
9 CHAPTER 31
10 GENERAL PROVISIONS
11 Subchapter
12 A. Obedience To and Effect of Traffic Laws
13 B. Traffic-control Devices
14 SUBCHAPTER A
15 OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
16 Sec.
17 3101. Application of part.
18 3102. Obedience to authorized persons directing traffic.
19 3103. Persons riding animals or driving animal-drawn vehicles.
20 3104. Persons working on highways.
21 3105. Drivers of emergency vehicles.
22 3106. Operators of streetcars.
23 § 3101. Application of part.
24 (a) General rule.--Except as provided in subsection (b), the
25 provisions of this part relating to the operation of vehicles
26 refer exclusively to the operation of vehicles upon highways
27 except where a different place is specifically referred to in a
28 particular provision.
29 (b) Serious traffic offenses.--The provisions of Subchapter
30 B of Chapter 37 (relating to serious traffic offenses) shall
19750H1817B2873 - 156 -
1 apply upon highways and elsewhere throughout this Commonwealth.
2 § 3102. Obedience to authorized persons directing traffic.
3 No person shall wilfully fail or refuse to comply with any
4 lawful order or direction of any uniformed police officer, <--
5 SHERIFF OR CONSTABLE or any appropriately attired person
6 authorized to direct, control or regulate traffic.
7 § 3103. Persons riding animals or driving animal-drawn
8 vehicles.
9 (a) General rule.--Every person riding an animal or driving
10 any animal-drawn vehicle upon a roadway shall be granted all of
11 the rights and shall be subject to all of the duties applicable
12 to the driver of a vehicle by this part, except those provisions
13 of this part which by their very nature can have no application
14 or where specifically provided otherwise.
15 (b) Limited-access highways.--No person shall ride an animal
16 or drive any animal-drawn vehicle upon a limited-access highway.
17 § 3104. Persons working on highways.
18 Unless specifically made applicable, the provisions of this
19 part, except those contained in Subchapter B of Chapter 37
20 (relating to serious traffic offenses), shall not apply to
21 persons, motor vehicles, and equipment while actually engaged in
22 work upon a highway but shall apply to such persons and vehicles
23 when traveling to or from such work.
24 § 3105. Drivers of emergency vehicles.
25 (a) General rule.--The driver of an emergency vehicle, when
26 responding to an emergency call or when in the pursuit of an
27 actual or suspected violator of the law or when responding to
28 but not upon returning from a fire alarm, may exercise the
29 privileges set forth in this section, but subject to the
30 conditions stated in this section.
19750H1817B2873 - 157 -
1 (b) Exercise of special privileges.--The driver of an
2 emergency vehicle may:
3 (1) Park or stand, irrespective of the provisions of
4 this part.
5 (2) Proceed past a red signal indication or stop sign,
6 but only after slowing down as may be necessary for safe
7 operation, except as provided in subsection (d).
8 (3) Exceed the maximum speed limits so long as the
9 driver does not endanger life or property , except as
10 provided in subsection (d).
11 (4) Disregard regulations governing direction of
12 movement or turning in specified directions.
13 (c) Audible and visual signals required.--The privileges
14 granted in this section to an emergency vehicle shall apply only
15 when the vehicle is making use of an audible signal and visual
16 signals meeting the requirements and standards set forth in
17 regulations adopted by the department, except that an emergency
18 vehicle operated as a police vehicle need not be equipped with
19 or display the visual signals.
20 (d) Limitations on ambulance operation.--The driver of an
21 ambulance shall comply with maximum speed limits, red signal
22 indications or stop signs. After ascertaining that the ambulance
23 will be given the right-of-way, the ambulance driver may proceed
24 through a red signal indication or stop sign.
25 (e) Exercise of care.--This section does not relieve the
26 driver of an emergency vehicle from the duty to drive with due
27 regard for the safety of all persons.
28 § 3106. Operators of streetcars.
29 Every operator of a streetcar upon any roadway shall be
30 granted all of the rights and shall be subject to all of the
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1 duties applicable to the driver of a vehicle by this title
2 except those provisions which by their nature can have no
3 application.
4 SUBCHAPTER B
5 TRAFFIC-CONTROL DEVICES
6 Sec.
7 3111. Obedience to traffic-control devices.
8 3112. Traffic-control signals.
9 3113. Pedestrian-control signals.
10 3114. Flashing signals.
11 3115. Lane-direction-control signals.
12 § 3111. Obedience to traffic-control devices.
13 (a) General rule.--Unless otherwise directed by a uniformed
14 police officer or any appropriately attired person authorized to
15 direct, control or regulate traffic, the driver of any vehicle
16 shall obey the instructions of any applicable official traffic-
17 control device placed or held in accordance with the provisions
18 of this title, subject to the privileges granted the driver of
19 an authorized emergency vehicle in this title.
20 (b) Proper position and legibility of device.--No provision
21 of this title for which official traffic-control devices are
22 required shall be enforced against an alleged violator if at the
23 time and place of the alleged violation an official device is
24 not in proper position and sufficiently legible to be seen by an
25 ordinarily observant person. Whenever a particular section does
26 not state that official traffic-control devices are required,
27 the section shall be effective even though no devices are
28 erected or in place.
29 (c) Presumption of authorized placement.--Whenever official
30 traffic-control devices are placed or held in position
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1 approximately conforming to the requirements of this title, the
2 devices shall be presumed to have been so placed by the official
3 act or direction of lawful authority, unless the contrary shall
4 be established by competent evidence.
5 (d) Presumption of proper devices.--Any official traffic-
6 control device placed or held pursuant to the provisions of this
7 title and purporting to conform to the lawful requirements
8 pertaining to such devices shall be presumed to comply with the
9 requirements of this title, unless the contrary shall be
10 established by competent evidence.
11 § 3112. Traffic-control signals.
12 (a) General rule.--Whenever traffic is controlled by
13 traffic-control signals exhibiting different colored lights, or
14 colored lighted arrows, successively one at a time or in
15 combination, only the colors green, red and yellow shall be
16 used, except for special pedestrian signals carrying a word
17 legend, and the lights shall indicate and apply to drivers of
18 vehicles and pedestrians as follows:
19 (1) Green indication.--
20 (i) Vehicular traffic facing a circular green signal
21 may proceed straight through or turn right or left unless
22 a sign at such place prohibits either such turn except
23 that vehicular traffic, including vehicles turning right
24 or left, shall yield the right-of-way to other vehicles
25 and to pedestrians lawfully within the intersection or an
26 adjacent crosswalk at the time the signal is exhibited.
27 (ii) Vehicular traffic facing a green arrow signal,
28 shown alone or in combination with another indication,
29 may enter the intersection only to make the movement
30 indicated by the arrow, or such other movement as is
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1 permitted by other indications shown at the same time.
2 Such vehicular traffic shall yield the right-of-way to
3 pedestrians lawfully within an adjacent crosswalk and to
4 other traffic lawfully using the intersection.
5 (iii) Unless otherwise directed by a pedestrian-
6 control signal as provided in section 3113 (relating to
7 pedestrian-control signals), pedestrians facing any green
8 signal may proceed across the roadway within a crosswalk.
9 (2) Steady yellow indication.--
10 (i) Vehicular traffic facing a steady yellow signal
11 is thereby warned that the related green indication is
12 being terminated or that a red indication will be
13 exhibited immediately thereafter.
14 (ii) Unless otherwise directed by a pedestrian-
15 control signal as provided in section 3113, pedestrians
16 facing a steady yellow signal are thereby advised that
17 there is insufficient time to cross the roadway before a
18 red indication is shown and no pedestrian shall then
19 start to cross the roadway.
20 (3) Steady red indication.--
21 (i) Vehicular traffic facing a steady red signal
22 alone shall stop at a clearly marked stop line, or if
23 none, before entering the crosswalk on the near side of
24 the intersection, or if none, then before entering the
25 intersection and shall remain standing until an
26 indication to proceed is shown except as provided in
27 subparagraph (ii).
28 (ii) Unless a sign is in place prohibiting a turn,
29 vehicular traffic facing a steady red signal may enter
30 the intersection to turn right, or to turn left from a
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1 one-way roadway onto a one-way roadway after stopping as
2 required by subparagraph (i). Such vehicular traffic
3 shall yield the right-of-way to pedestrians lawfully
4 within an adjacent crosswalk and to other traffic
5 lawfully using the intersection.
6 (iii) Unless otherwise directed by a pedestrian-
7 control signal as provided in section 3113, pedestrians
8 facing a steady red signal alone shall not enter the
9 roadway.
10 (b) Places other than intersections.--In the event an
11 official traffic-control signal is erected and maintained at a
12 place other than an intersection, the provisions of this section
13 shall be applicable except as to those provisions which by their
14 nature can have no application. Any stop required shall be made
15 at a sign or marking on the pavement indicating where the stop
16 shall be made, but in the absence of any such sign or marking
17 the stop shall be made at the signal.
18 (c) Inoperable or malfunctioning signal.--If a traffic
19 control signal is out of operation or is not functioning
20 properly, vehicular traffic facing a:
21 (1) Green or yellow signal may proceed with caution as
22 indicated in subsection (a)(1) and (2).
23 (2) Red signal shall stop in the same manner as at a
24 stop sign, and the right to proceed shall be subject to the
25 rules applicable after making a stop at a stop sign as
26 provided in section 3323 (relating to stop signs and yield
27 signs).
28 § 3113. Pedestrian-control signals.
29 (A) GENERAL RULE.--Whenever special pedestrian-control <--
30 signals exhibiting the words "Walk" or "Don't Walk" are in
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1 place, the signals shall indicate as follows:
2 (1) "Walk".--Pedestrians facing the signal may SHOULD <--
3 proceed across the roadway in the direction of the signal and
4 shall be given the right-of-way by the drivers of all
5 vehicles.
6 (2) "Don't Walk".--No pedestrian shall PEDESTRIANS <--
7 SHOULD NOT start to cross the roadway in the direction of the
8 signal, but any pedestrian who has partially completed his
9 crossing on the "Walk" signal shall SHOULD proceed to a <--
10 sidewalk or safety zone while the "Don't Walk" signal is
11 showing.
12 (3) Flashing "Walk".--Whenever the "Walk" indication is
13 flashing, pedestrians facing the signal are cautioned that
14 there is possible hazard from turning vehicles, but
15 pedestrians may proceed across the roadway in the direction
16 of the signal indication and shall be given the right-of-way
17 by the drivers of all vehicles.
18 (4) Flashing "Don't Walk".--Whenever the "Don't Walk"
19 indication is flashing, no pedestrian shall PEDESTRIANS <--
20 SHOULD NOT start to cross the roadway in the direction of the
21 indication, but any pedestrian who has partly completed
22 crossing during the "Walk" indication shall SHOULD proceed to <--
23 a sidewalk or safety zone, and all drivers of vehicles shall
24 yield to the pedestrian.
25 (B) LOCAL REGULATION.--THIS SECTION DOES NOT PROHIBIT A <--
26 MUNICIPALITY FROM ESTABLISHING A SUMMARY OFFENSE FOR VIOLATION
27 OF SUBSECTION (A)(2) OR (4).
28 § 3114. Flashing signals.
29 (a) General rule.--Whenever a flashing red or yellow signal
30 is used in a traffic signal or with a traffic sign it shall
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1 require obedience by vehicular traffic as follows:
2 (1) Flashing red.--When a red lens is illuminated with
3 rapid intermittent flashes, drivers of vehicles shall stop in
4 the same manner as at a stop sign, and the right to proceed
5 shall be subject to the rules applicable after making a stop
6 at a stop sign as provided in section 3323 (relating to stop
7 signs and yield signs).
8 (2) Flashing yellow.--When a yellow lens is illuminated
9 with rapid intermittent flashes, drivers of vehicles may
10 proceed through the intersection or past such signal only
11 with caution.
12 (b) Railroad grade crossings.--This section does not apply
13 at railroad grade crossings. Conduct of drivers of vehicles
14 approaching railroad grade crossings shall be governed by the
15 rules as set forth in section 3341 (relating to obedience to
16 signal indicating approach of train).
17 § 3115. Lane-direction-control signals.
18 When lane-direction-control signals are placed over the
19 individual lanes of a street or highway, vehicular traffic may
20 travel in any lane over which a green signal is shown, but shall
21 not enter or travel in any lane over which a red signal is
22 shown.
1 CHAPTER 33
2 RULES OF THE ROAD IN GENERAL
3 Subchapter
4 A. General Provisions
5 B. Right-of-way
6 C. Turning, Starting and Signals
7 D. Special Stops Required
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1 E. Stopping, Standing and Parking
2 F. Speed Restrictions
3 SUBCHAPTER A
4 GENERAL PROVISIONS
5 Sec.
6 3301. Driving on right side of roadway.
7 3302. Meeting vehicle proceeding in opposite direction.
8 3303. Overtaking vehicle on the left.
9 3304. Overtaking vehicle on the right.
10 3305. Limitations on overtaking on the left.
11 3306. Limitations on driving on left side of roadway.
12 3307. No-passing zones.
13 3308. One-way roadways and rotary traffic islands.
14 3309. Driving on roadways laned for traffic.
15 3310. Following too closely.
16 3311. Driving on divided highways.
17 3312. Limited-access highway entrances and exits.
18 3313. Restrictions on use of limited-access highways.
19 3314. Prohibiting use of hearing impairment devices.
20 § 3301. Driving on right side of roadway.
21 (a) General rule.--Upon all roadways of sufficient width, a
22 vehicle shall be driven upon the right half of the roadway
23 except as follows:
24 (1) When overtaking and passing another vehicle
25 proceeding in the same direction where permitted by the rules
26 governing such movement.
27 (2) When an obstruction exists making it necessary to
28 drive to the left of the center of the roadway, provided the
29 driver yields the right-of-way to all vehicles traveling in
30 the proper direction upon the unobstructed portion of the
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1 roadway within such distance as to constitute a hazard.
2 (3) When and where official traffic-control devices are
3 in place designating a lane or lanes to the left side of the
4 center of the roadway for the movement indicated by the
5 devices.
6 (4) Upon a roadway restricted to one-way traffic.
7 (5) When making a left turn as provided in sections 3322
8 (relating to vehicle turning left) and 3331 (relating to
9 required position and method of turning).
10 (b) Vehicle proceeding at less than normal speed.--Upon all
11 roadways any vehicle proceeding at less than the normal speed of
12 traffic at the time and place and under the conditions then
13 existing shall be driven in the right-hand lane then available
14 for traffic, or as close as practicable to the right-hand curb
15 or edge of the roadway, except when overtaking and passing
16 another vehicle proceeding in the same direction or when
17 preparing for a left turn at an intersection or into an alley,
18 private road or driveway. This subsection does not apply to a
19 driver who must necessarily drive in a lane other than the
20 right-hand lane to continue on his intended route.
21 § 3302. Meeting vehicle proceeding in opposite direction.
22 Drivers of vehicles proceeding in opposite directions shall
23 pass each other to the right and, upon roadways having width for
24 not more than one line of traffic in each direction, each driver
25 shall give to the other at least one-half of the main-traveled
26 portion of the roadway as nearly as possible.
27 § 3303. Overtaking vehicle on the left.
28 (a) General rule.--The following rules shall govern the
29 overtaking and passing of vehicles proceeding in the same
30 direction, subject to the limitations, exceptions and special
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1 rules stated in this chapter:
2 (1) The driver of a vehicle overtaking another vehicle
3 proceeding in the same direction shall pass to the left of
4 the other vehicle at a safe distance and shall stay to the
5 left of the other vehicle until safely clear of the overtaken
6 vehicle.
7 (2) Except when overtaking and passing on the right is
8 permitted, the driver of an overtaken vehicle shall not
9 increase the speed of the vehicle until completely passed by
10 the overtaking vehicle and shall give way to the right in
11 favor of the overtaking vehicle on suitable signal.
12 (b) Suitable signal defined.--Suitable signal for purposes
13 of subsection (a)(2) shall be as follows:
14 (1) At all times when head lamps are required to be
15 lighted according to section 4302 (relating to the period for
16 requiring lighted lamps), an audible signal or the
17 intermittent flashing of low and high beams except that the
18 use of high beams shall not be permitted when a vehicle is
19 approaching from the opposite direction within 500 feet.
20 (2) At all other times, an audible signal or turning
21 head lamps on and off rapidly.
22 § 3304. Overtaking vehicle on the right.
23 (a) General rule.--The driver of a vehicle may overtake and
24 pass upon the right of another vehicle only under one of the
25 following conditions:
26 (1) When the vehicle overtaken is making or about to
27 make a left turn, except that such movement shall not be made
28 by driving off the highway.
29 (2) Upon a roadway with unobstructed pavement of
30 sufficient width for two or more lines of vehicles moving
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1 lawfully in the direction being traveled by the overtaken
2 vehicle, except that such movement shall not be made by
3 driving off the roadway.
4 (b) Limitation.--No passing movement under this section
5 shall be made unless the movement can be made in safety.
6 § 3305. Limitations on overtaking on the left.
7 No vehicle shall be driven to the left side of the center or
8 marked center line of the roadway in overtaking and passing
9 another vehicle proceeding in the same direction unless the left
10 side is clearly visible and is free of oncoming traffic for a
11 sufficient distance ahead to permit the overtaking and passing
12 to be completely made without interfering with the operation of
13 any vehicle approaching from the opposite direction or any
14 vehicle overtaken. In every event the overtaking vehicle must
15 return to an authorized lane of travel as soon as practicable
16 and, in the event the passing movement involves the use of a
17 lane authorized for vehicles approaching from the opposite
18 direction, before coming within 200 feet of any approaching
19 vehicle.
20 § 3306. Limitations on driving on left side of roadway.
21 (a) General rule.--No vehicle shall be driven on the left
22 side of the roadway under any of the following conditions:
23 (1) When approaching or upon the crest of a grade or a
24 curve in the highway where the driver's view is obstructed
25 within such distance as to create a hazard in the event
26 another vehicle might approach from the opposite direction.
27 (2) When approaching within 100 feet of or traversing
28 any intersection or railroad grade crossing, unless otherwise
29 indicated by official traffic-control devices.
30 (3) When the view is obstructed upon approaching within
19750H1817B2873 - 168 -
1 100 feet of any bridge, viaduct or tunnel.
2 (b) Application of section.--This section does not apply
3 under the conditions described in section 3301(a)(2), (3), (4)
4 and (5) (relating to driving on right side of roadway).
5 § 3307. No-passing zones.
6 (a) Establishment and marking.--The department and local
7 authorities may determine those portions of any highway under
8 their respective jurisdictions where overtaking and passing or
9 driving on the left side of the roadway would be especially
10 hazardous and may by appropriate signs or markings on the
11 roadway indicate the beginning and end of such zones and when
12 the signs or markings are in place and clearly visible to an
13 ordinarily observant person every driver of a vehicle shall obey
14 the directions of the signs or markings.
15 (b) Compliance by drivers.--Where signs or markings are in
16 place to define a no-passing zone as set forth in subsection
17 (a), no driver shall at any time drive on the left side of the
18 roadway within the no-passing zone or on the left side of any
19 pavement striping designed to mark a no-passing zone throughout
20 its length.
21 (c) Construction of section.--This section does not prohibit
22 completion of a pass which was lawfully commenced prior to
23 entering a no-passing zone if the pass can be completed with
24 safety.
25 (d) Application of section.--This section does not apply
26 under the conditions described in section 3301(a)(2) and (5)
27 (relating to driving on right side of roadway).
28 § 3308. One-way roadways and rotary traffic islands.
29 (a) Establishment and marking.--The department and local
30 authorities with respect to highways under their respective
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1 jurisdictions may designate any highway, roadway, part of a
2 roadway or specific lanes upon which vehicular traffic shall
3 proceed in one direction at all or such times as shall be
4 indicated by official traffic-control devices.
5 (b) Driving on one-way roadway.--Upon a roadway designated
6 for one-way traffic, a vehicle shall be driven only in the
7 direction designated at all or such times as shall be indicated
8 by official traffic-control devices.
9 (c) Driving around rotary traffic island.--A vehicle passing
10 around a rotary traffic island shall be driven only to the right
11 of the island.
12 § 3309. Driving on roadways laned for traffic.
13 Whenever any roadway has been divided into two or more
14 clearly marked lanes for traffic the following rules in addition
15 to all others not inconsistent therewith shall apply:
16 (1) Driving within single lane.--A vehicle shall be
17 driven as nearly as practicable entirely within a single lane
18 and shall not be moved from the lane until the driver has
19 first ascertained that the movement can be made with safety.
20 (2) Three lane roadways.--Upon a roadway which is
21 divided into three lanes and provides for two-way movement of
22 traffic, a vehicle shall not be driven in the center lane
23 except when overtaking and passing another vehicle traveling
24 in the same direction when the center lane is clear of
25 traffic within a safe distance, or in preparation for making
26 a left turn, or where the center lane is allocated
27 exclusively to traffic moving in the same direction that the
28 vehicle is proceeding and the allocation is designated by
29 official traffic-control devices.
30 (3) Lanes limited to specific use.--Official traffic-
19750H1817B2873 - 170 -
1 control devices may be erected to restrict the use of
2 specified lanes to specified classes or types of traffic or
3 vehicles, including multi-occupant vehicles or car pools, and
4 drivers of vehicles shall obey the directions of every such
5 device.
6 (4) Prohibitions against changing lanes.--Official
7 traffic-control devices may be installed prohibiting the
8 changing of lanes on a section of roadway and drivers of
9 vehicles shall obey the directions of every such device.
10 § 3310. Following too closely.
11 (a) General rule.--The driver of a motor vehicle shall not
12 follow another vehicle more closely than is reasonable and
13 prudent, having due regard for the speed of the vehicles and the
14 traffic upon and the condition of the highway.
15 (b) Combinations of vehicles and trucks.--The driver of any
16 motor vehicle drawing another vehicle or of any truck when
17 traveling upon a roadway outside of an urban district and
18 following a motor vehicle drawing another vehicle or following a
19 truck shall, whenever conditions permit, leave sufficient space
20 so that an overtaking vehicle may enter and occupy the space
21 without danger, except that this subsection does not prevent a
22 motor vehicle drawing another vehicle or prevent a truck from
23 overtaking and passing any vehicle or combination of vehicles.
24 (c) Caravans and motorcades.--Upon any roadway outside of an
25 urban district motor vehicles being driven in a caravan or
26 motorcade, whether or not towing other vehicles, shall be so
27 operated as to allow sufficient space between each vehicle or
28 combination of vehicles so as to enable any other vehicle to
29 enter and occupy space without danger. This subsection does not
30 apply to funeral processions.
19750H1817B2873 - 171 -
1 § 3311. Driving on divided highways.
2 (a) General rule.--Whenever any highway has been divided
3 into two or more roadways by leaving an intervening space,
4 physical barrier or clearly indicated dividing section so
5 constructed as to impede vehicular traffic, every vehicle shall
6 be driven only upon the right-hand roadway unless directed or
7 permitted to use another roadway by official traffic-control
8 devices, police officers or appropriately attired persons
9 authorized to direct, control or regulate traffic. No vehicle
10 shall be driven over, across or within any such dividing space,
11 barrier or section except through an opening in the physical
12 barrier or dividing section or space or at a crossover or
13 intersection as established.
14 (b) Traffic-control devices regulating turns.--Whenever
15 necessary for the protection and safety of traffic, official
16 traffic-control devices may be installed at an opening in the
17 physical barrier or dividing section or space or at a crossover
18 or intersection prohibiting or regulating a turn or turns as may
19 be necessary pursuant to the authority of this title.
20 § 3312. Limited-access highway entrances and exits.
21 No person shall drive a vehicle onto or from any limited-
22 access highway except at such entrances and exits as are
23 established by public authority.
24 § 3313. Restrictions on use of limited-access highways.
25 (a) General rule.--The department may regulate or prohibit
26 the use of any limited-access highway by any class or kind of
27 traffic which is found to be incompatible with the normal and
28 safe movement of traffic.
29 (b) Traffic-control devices at entrances.--The department,
30 when adopting any prohibition under this section, shall erect
19750H1817B2873 - 172 -
1 and maintain official traffic-control devices at the entrances
2 to the limited-access highway on which the prohibitions are
3 applicable and when in place no person shall disobey the
4 restrictions stated on the devices.
5 § 3314. Prohibiting use of hearing impairment devices.
6 (a) General rule.--No driver shall operate a motor vehicle
7 while wearing or using headphones, earphones or any similar
8 device which the department by regulation determines would
9 impair the ability of the driver to hear traffic sounds.
10 (b) Exception.--This section does not prohibit the use of
11 hearing aids or other devices for improving the hearing of the
12 driver.
13 SUBCHAPTER B
14 RIGHT-OF-WAY
15 Sec.
16 3321. Vehicle approaching or entering intersection.
17 3322. Vehicle turning left.
18 3323. Stop signs and yield signs.
19 3324. Vehicle entering or crossing roadway.
20 3325. Duty of driver on approach of emergency vehicle.
21 3326. Duty of driver in construction and maintenance areas.
22 § 3321. Vehicle approaching or entering intersection.
23 (a) General rule.--When two vehicles approach or enter an
24 intersection from different highways at approximately the same
25 time, the driver of the vehicle on the left shall yield the
26 right-of-way to the vehicle on the right.
27 (b) Exception.--The right-of-way rule declared in subsection
28 (a) is modified at through highways and otherwise as stated in
29 this part.
30 § 3322. Vehicle turning left.
19750H1817B2873 - 173 -
1 The driver of a vehicle intending to turn left within an
2 intersection or into an alley, private road or driveway shall
3 yield the right-of-way to any vehicle approaching from the
4 opposite direction which is so close as to constitute a hazard.
5 § 3323. Stop signs and yield signs.
6 (a) Intersections controlled by signs.--Preferential right-
7 of-way at an intersection may be indicated by stop signs or
8 yield signs as authorized in section 6124 (relating to erection
9 of traffic-control devices at intersections).
10 (b) Duties at stop signs.--Except when directed to proceed
11 by a police officer or appropriately attired persons authorized
12 to direct, control or regulate traffic, every driver of a
13 vehicle approaching a stop sign shall stop at a clearly marked
14 stop line or, if none, before entering a crosswalk on the near
15 side of the intersection or, if none, then at the point nearest
16 the intersecting roadway where the driver has a view of
17 approaching traffic on the intersecting roadway before entering.
18 After having stopped, the driver shall yield the right-of-way to
19 any pedestrian in a crosswalk or to any vehicle in the
20 intersection or approaching on another roadway so closely as to
21 constitute a hazard during the time when the driver is moving
22 across or within the intersection or junction of roadways.
23 (c) Duties at yield signs.--The driver of a vehicle
24 approaching a yield sign shall in obedience to the sign slow
25 down to a speed reasonable for the existing conditions and, if
26 required for safety to stop, shall stop before entering a
27 crosswalk on the near side of the intersection or, if none, then
28 at the point nearest the intersecting roadway where the driver
29 has a view of approaching traffic on the intersecting roadway
30 before entering. After slowing down or stopping, the driver
19750H1817B2873 - 174 -
1 shall yield the right-of-way to any vehicle in the intersection
2 or approaching on another roadway so closely as to constitute a
3 hazard during the time the driver is moving across or within the
4 intersection or junction of roadways. If a driver is involved in
5 a collision with a vehicle in the intersection or junction of
6 roadways after driving past a yield sign without stopping, the <--
7 collision shall be deemed prima facie evidence of failure of the
8 driver to yield the right-of-way.
9 § 3324. Vehicle entering or crossing roadway.
10 The driver of a vehicle about to enter or cross a roadway
11 from any place other than another roadway shall yield the right-
12 of-way to all vehicles approaching on the roadway to be entered
13 or crossed.
14 § 3325. Duty of driver on approach of emergency vehicle.
15 (a) General rule.--Upon the immediate approach of an
16 emergency vehicle making use of an audible signal and visual
17 signals meeting the requirements and standards set forth in
18 regulations adopted by the department, or of a police vehicle
19 properly and lawfully making use of an audible signal only, the
20 driver of every other vehicle shall yield the right-of-way and
21 shall immediately drive to a position parallel to, and as close
22 as possible to, the right-hand edge or curb of the roadway clear
23 of any intersection and shall stop and remain in that position
24 until the emergency vehicle has passed, except when otherwise
25 directed by a police officer. On one-way roadways a driver may
26 comply by driving to the edge or curb which is nearest to the
27 lane in which he is traveling.
28 (b) Duty of operator of streetcar.--Upon the approach of an
29 emergency vehicle, the operator of every streetcar shall
30 immediately stop the streetcar clear of any intersection and
19750H1817B2873 - 175 -
1 remain in that position until the emergency vehicle has passed,
2 except when otherwise directed by a police officer.
3 § 3326. Duty of driver in construction and maintenance areas.
4 (a) Areas indicated by traffic-control devices.--The driver
5 of a vehicle shall yield the right-of-way to any authorized
6 vehicle or pedestrian actually engaged in work upon a highway
7 within any highway or utility construction or maintenance area
8 indicated by official traffic-control devices.
9 (b) Work vehicles displaying flashing lights.--The driver of
10 a vehicle shall yield the right-of-way to any authorized vehicle
11 obviously and actually engaged in work upon a highway whenever
12 the vehicle displays flashing lights meeting the requirements
13 and regulations promulgated by the department.
14 SUBCHAPTER C
15 TURNING, STARTING AND SIGNALS
16 Sec.
17 3331. Required position and method of turning.
18 3332. Limitations on turning around.
19 3333. Moving stopped or parked vehicle.
20 3334. Turning movements and required signals.
21 3335. Signals by hand and arm or signal lamps.
22 3336. Method of giving hand and arm signals.
23 § 3331. Required position and method of turning.
24 (a) Right turn.--The driver of a vehicle intending to turn
25 right shall approach the turn and make the turn as close as
26 practicable to the right-hand curb or edge of the roadway.
27 (b) Left turn.--The driver of a vehicle intending to turn
28 left shall approach the turn in the extreme left-hand lane
29 lawfully available to traffic moving in the direction of travel
30 of the vehicle. Whenever practicable, the left turn shall be
19750H1817B2873 - 176 -
1 made to the left of the center of the intersection and so as to
2 leave the intersection or location in the extreme left-hand lane
3 lawfully available to traffic moving in the same direction as
4 the vehicle on the roadway being entered.
5 (c) Compliance with traffic-control devices.--The department
6 and local authorities on highways under their respective
7 jurisdictions may cause official traffic-control devices to be
8 placed and thereby require and direct that a different course
9 from that specified in this section be traveled by turning
10 vehicles and when the devices are so placed no driver shall turn
11 a vehicle other than as directed and required by the devices.
12 (d) Two-way left turn lanes.--Where a special lane for
13 making left turns by drivers proceeding in opposite directions
14 has been indicated by official traffic-control devices:
15 (1) A left turn shall not be made from any other lane.
16 (2) A vehicle shall not be driven in the lane except
17 when preparing for or making a left turn from or into the
18 roadway or when preparing for or making a U turn when
19 otherwise permitted by law.
20 § 3332. Limitations on turning around.
21 (a) General rule.--The driver of any vehicle shall not turn
22 the vehicle so as to proceed in the opposite direction unless
23 the movement can be made in safety and without interfering with
24 other traffic.
25 (b) Turns on curves or grades.--No vehicle shall be turned
26 so as to proceed in the opposite direction upon any curve, or
27 upon the approach to or near the crest of a grade, where the
28 vehicle cannot be seen by the driver of any other vehicle
29 approaching from either direction within 500 feet.
30 § 3333. Moving stopped or parked vehicle.
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1 No person shall move a vehicle which is stopped, standing or
2 parked unless and until the movement can be made with reasonable
3 safety.
4 § 3334. Turning movements and required signals.
5 (a) General rule.--Upon a roadway no person shall turn a
6 vehicle or move from one traffic lane to another or enter the
7 traffic stream from a parked position unless and until the
8 movement can be made with reasonable safety nor without giving
9 an appropriate signal in the manner provided in this section.
10 (b) Signals on turning and starting.--At speeds of less than
11 35 miles per hour, an appropriate signal of intention to turn
12 right or left shall be given continuously during not less than
13 the last 100 feet traveled by the vehicle before turning. The
14 signal shall be given during not less than the last 300 feet at
15 speeds in excess of 35 miles per hour. The signal shall also be
16 given prior to entry of the vehicle into the traffic stream from
17 a parked position.
18 (c) Signals on stopping or decreasing speed.--No person
19 shall stop or suddenly decrease the speed of a vehicle without
20 first giving an appropriate signal in the manner provided in
21 this subchapter to the driver of any vehicle to the rear when
22 there is opportunity to give the signal.
23 (d) Limitations on use of certain signals.--The signals
24 required on vehicles by section 3335(b) (relating to signals by
25 hand and arm or signal lamps) shall not be flashed on one side
26 only on a disabled vehicle, flashed as a courtesy or "do pass"
27 signal to operators of other vehicles approaching from the rear,
28 nor be flashed on one side only of a parked vehicle except as
29 may be necessary for compliance with this section.
30 (e) Discontinuing turn signals.--Turn signals shall be
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1 discontinued immediately after completing the turn or movement
2 from one traffic lane to another traffic lane.
3 § 3335. Signals by hand and arm or signal lamps.
4 (a) General rule.--Any stop or turn signal shall be given
5 either by means of the hand and arm or by signal lamps, except
6 as otherwise provided in subsection (b).
7 (b) Required signals by signal lamps.--Any motor vehicle in
8 use on a highway shall be equipped with, and required signal
9 shall be given by, signal lamps when the distance from the
10 center of the top of the steering post to the left outside limit
11 of the body, cab or load of the motor vehicle exceeds 24 inches,
12 or when the distance from the center of the top of the steering
13 post to the rear limit of the body or load exceeds 14 feet. The
14 latter measurement shall apply to any single vehicle and to any
15 combination of vehicles.
16 (c) Exception.--This section does not apply to A MOTOR <--
17 VEHICLE REGISTERED AS an antique or classic vehicle which was
18 not originally equipped with signal lamps.
19 § 3336. Method of giving hand and arm signals.
20 All signals given by hand and arm shall be given from the
21 left side of the vehicle in the following manner and the signals
22 shall indicate as follows:
23 (1) For a left turn, the hand and arm shall be extended
24 horizontally.
25 (2) For a right turn, the hand and arm shall be extended
26 upward.
27 (3) To stop or decrease speed, the hand and arm shall be
28 extended downward.
29 SUBCHAPTER D
30 SPECIAL STOPS REQUIRED
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1 Sec.
2 3341. Obedience to signal indicating approach of train.
3 3342. Vehicles required to stop at railroad crossings.
4 3343. Moving heavy equipment at railroad grade crossings.
5 3344. Emerging from alley, driveway or building.
6 3345. Meeting or overtaking school bus.
7 § 3341. Obedience to signal indicating approach of train.
8 (a) General rule.--Whenever any person driving a vehicle
9 approaches a railroad grade crossing under any of the
10 circumstances stated in this section, the driver of the vehicle
11 shall stop within 50 feet but not less than 15 feet from the
12 nearest rail of the railroad and shall not proceed until it can
13 be done safely. The foregoing requirements shall apply upon the
14 occurrence of any of the following circumstances:
15 (1) A clearly visible electric or mechanical signal
16 device gives warning of the immediate approach of a railroad
17 train.
18 (2) A crossing gate is lowered or a flagman gives or
19 continues to give a signal of the approach or passage of a
20 railroad train.
21 (3) A railroad train approaching within approximately
22 1,500 feet of the highway crossing emits a signal audible
23 from that distance and the railroad train, by reason of its
24 speed or nearness to the crossing, is a hazard.
25 (4) An approaching railroad train is plainly visible and
26 is in hazardous proximity to the crossing.
27 (b) Compliance with crossing gate or barrier.--
28 (1) No person shall drive any vehicle through, around or <--
29 under any crossing gate or barrier at a railroad crossing
30 while the gate or barrier is closed. or is being opened or <--
19750H1817B2873 - 180 -
1 closed.
2 (2) NO PERSON SHALL START TO DRIVE A VEHICLE THROUGH, <--
3 AROUND OR UNDER A GATE OR BARRIER AT THE ENTRANCE TO A
4 RAILROAD CROSSING WHILE THE GATE OR BARRIER IS BEING OPENED
5 OR CLOSED.
6 § 3342. Vehicles required to stop at railroad crossings.
7 (a) General rule.--Except as provided in subsection (b), the
8 driver of any vehicle described in regulations issued pursuant
9 to subsection (c), before crossing at grade any track or tracks
10 of a railroad, shall stop the vehicle within 50 feet but not
11 less than 15 feet from the nearest rail of the railroad and
12 while so stopped shall listen and look in both directions along
13 the track for any approaching train, and for signals indicating
14 the approach of a train, and shall not proceed until it can be
15 done safely. After stopping and upon proceeding when it is safe
16 to do so the driver of the vehicle shall cross only in such gear
17 of the vehicle that there will be no necessity for manually
18 changing gears while traversing the crossing and the driver
19 shall not manually shift gears while crossing the track or
20 tracks.
21 (b) Exceptions.--This section does not apply at any of the
22 following:
23 (1) Any railroad grade crossing at which traffic is
24 controlled by a police officer or flagman.
25 (2) Any railroad grade crossing at which traffic is
26 regulated by a traffic control signal.
27 (3) Any railroad grade crossing protected by crossing
28 gates or an alternately flashing light signal intended to
29 give warning of the approach of a railroad train.
30 (4) Any railroad grade crossing at which an official
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1 traffic-control device gives notice that the stopping
2 requirement imposed by this section does not apply.
3 (c) Regulations defining vehicles subject to section.--The
4 department shall adopt such regulations as may be necessary
5 describing the vehicles which must comply with the stopping
6 requirements of this section. In formulating the regulations,
7 the department shall give consideration to the hazardous nature
8 of any substance carried by the vehicle as determined by the
9 Hazardous Substances Transportation Board and to the number of
10 passengers carried by the vehicle in determining whether the
11 vehicle shall be required to stop. These regulations shall be
12 developed in conjunction with the Pennsylvania Public Utility
13 Commission and shall correlate with and so far as possible
14 conform to the current regulations of the United States
15 Department of Transportation.
16 § 3343. Moving heavy equipment at railroad grade crossings.
17 (a) General rule.--No person shall operate or move any
18 crawler-type tractor, power shovel, derrick, roller or any
19 equipment or structure having a normal operating speed of ten or
20 less miles per hour or a vertical body or load clearance of less
21 than one-half inch per foot of the distance between any two
22 adjacent axles or in any event of less than nine inches measured
23 above the level surface of a roadway, upon or across any tracks
24 at a railroad grade crossing without first complying with this
25 section.
26 (b) Notice of intended crossing.--Notice of any intended
27 crossing shall be given to an authorized representative of the
28 railroad and a reasonable time be given to the railroad to
29 provide proper protection at the crossing.
30 (c) Stopping at crossing.--Before making any crossing, the
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1 person operating or moving the vehicle or equipment shall first
2 stop the vehicle or equipment not less than 15 feet nor more
3 than 50 feet from the nearest rail of the railroad and while so
4 stopped shall listen and look in both directions along the track
5 for any approaching train and for signals indicating the
6 approach of a train, and shall not proceed until the crossing
7 can be made safely.
8 (d) Movement over crossing.--No crossing shall be made when
9 warning is given by automatic signal or crossing gates or a
10 flagman or otherwise of the immediate approach of a railroad
11 train or car. Movement over a crossing shall be under the
12 direction of any flagman provided by the railroad.
13 § 3344. Emerging from alley, driveway or building.
14 Unless otherwise directed by official traffic-control devices
15 erected in accordance with provisions of Subchapter B of Chapter
16 31 (relating to traffic-control devices), the driver of a
17 vehicle emerging from an alley, building, private road or
18 driveway within an urban district shall stop the vehicle
19 immediately prior to driving onto a sidewalk or onto the
20 sidewalk area extending across the alley, building entrance,
21 private road or driveway or, in the event there is no sidewalk
22 area, shall stop at the point nearest the street to be entered
23 where the driver has a view of approaching traffic.
24 § 3345. Meeting or overtaking school bus.
25 (a) Duty of approaching driver when red signals are
26 flashing.--Except as provided in subsection (g), the driver of a
27 vehicle meeting or overtaking any school bus stopped on the
28 highway shall stop before reaching the school bus when the red
29 signal lights on the school bus are flashing. The driver shall
30 not proceed until the flashing red signal lights are no longer
19750H1817B2873 - 183 -
1 actuated. In no event shall a driver of a vehicle resume motion
2 of the vehicle until the school children who may have alighted
3 from the school bus have reached a place of safety.
4 (b) Duty of approaching driver when amber signals are
5 flashing.--The driver of a vehicle meeting or overtaking any
6 school bus shall proceed past the school bus with caution and
7 shall be prepared to stop when the amber signal lights are
8 flashing.
9 (c) Use of red signals.--The red visual signals shall be
10 actuated by the driver of every school bus whenever the vehicle
11 is stopped on the highway for the purpose of receiving or
12 discharging school children, except as provided in subsections
13 (e) and (f). The signals shall not be terminated until the
14 school children who may have alighted from the school bus have
15 reached a place of safety OR UNTIL BOARDING SCHOOL CHILDREN HAVE <--
16 COMPLETED BOARDING THE BUS.
17 (d) Use of amber signals.--The amber visual signals shall be
18 actuated by the driver of every school bus not more than 300
19 feet nor less than 150 feet prior to making a stop for the
20 purpose of receiving or discharging school children and shall
21 remain in operation until the red visual signals are actuated.
22 Amber signals shall not be used unless the red visual signals
23 are to be actuated immediately following.
24 (e) Limitations on use of signals.--The visual signals
25 required in the regulations shall not be actuated ON STREETS IN <--
26 URBAN DISTRICTS DESIGNATED BY THE DEPARTMENT OR LOCAL
27 AUTHORITIES, AT INTERSECTIONS OR OTHER PLACES WHERE TRAFFIC IS
28 CONTROLLED BY UNIFORMED POLICE OFFICERS OR APPROPRIATELY ATTIRED
29 PERSONS AUTHORIZED TO DIRECT, CONTROL OR REGULATE TRAFFIC, OR IN
30 SCHOOL BUS LOADING AREAS DESIGNATED BY THE DEPARTMENT OR LOCAL
19750H1817B2873 - 184 -
1 AUTHORITIES when the bus is entirely off the roadway.
2 (f) Operation for nonschool purposes.--When a school bus is
3 being operated upon a highway for purposes other than the actual
4 transportation of school children to or from school or in
5 connection with school activities, all markings indicating
6 "SCHOOL BUS" shall be covered or concealed. During such
7 operation, the flashing visual signals shall not be actuated.
8 (g) Exceptions from stopping requirements.--The driver of a
9 vehicle upon a highway with separate roadways need not stop upon
10 meeting or passing a school bus with actuated red signal lights
11 which is on a different roadway. nor when a school bus is <--
12 stopped in a loading zone which is part of or adjacent to the
13 highway.
14 (h) Loading zones for school children.--Every school
15 district transporting school children by school bus shall
16 establish and maintain SCHOOL BUS loading zones at or near all <--
17 schools to or from which school children are transported and
18 shall establish school bus loading zones along the highways
19 traversed by school buses in accordance with regulations
20 promulgated by the department.
21 (i) Mandatory use of loading zones.--Whenever school bus
22 loading zones have been established at or near a school or along
23 a highway, it is unlawful for a school bus operator to stop the
24 bus to pick up or discharge school children at any location
25 other than at the loading zones. A list of approved loading
26 zones for the route of the bus shall be carried by the operator.
27 (j) Penalty.--Any person violating subsection (a) is guilty
28 of a summary offense and shall, upon conviction, be sentenced to
29 pay a fine of not less than $50 nor more than $100. <--
30 SUBCHAPTER E
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1 STOPPING, STANDING AND PARKING
2 Sec.
3 3351. Stopping, standing and parking outside business and
4 residence districts.
5 3352. Removal of vehicle by or at direction of police.
6 3353. Prohibitions in specified places.
7 3354. Additional parking regulations.
8 § 3351. Stopping, standing and parking outside business and
9 residence districts.
10 (a) General rule.--Outside a business or residence district,
11 no person shall stop, park or stand any vehicle, whether
12 attended or unattended, upon the roadway when it is practicable
13 to stop, park or stand the vehicle off the roadway. In the event
14 it is necessary to stop, park or stand the vehicle on the
15 roadway or any part of the roadway, an unobstructed width of the
16 highway opposite the vehicle shall be left for the free passage
17 of other vehicles and the vehicle shall be visible from a
18 distance of 500 feet in each direction upon the highway.
19 (b) Exception for disabled vehicles.--This section and
20 sections 3353 (relating to prohibitions in specified places) and
21 3354 (relating to additional parking regulations) do not apply
22 to the driver of any vehicle which is disabled in such a manner
23 and to such an extent that it is impossible to avoid stopping
24 and temporarily leaving the vehicle in that position.
25 § 3352. Removal of vehicle by or at direction of police.
26 (a) Outside business and residence districts.--Whenever any
27 police officer finds a vehicle in violation of any of the
28 provisions of section 3351 (relating to stopping, standing and
29 parking outside business and residence districts), the officer
30 may move the vehicle, or cause the vehicle to be moved, or
19750H1817B2873 - 186 -
1 require the driver or other person in charge of the vehicle to
2 move the vehicle, to a position off the roadway.
3 (b) Unattended vehicle obstructing traffic.--Any police
4 officer may remove or cause to be removed to a place of safety
5 any unattended vehicle illegally left standing upon any highway,
6 bridge, causeway or in any tunnel, in such position or under
7 such circumstances as to obstruct the normal movement of
8 traffic.
9 (c) Removal to garage or place of safety.--Any police
10 officer may remove or cause to be removed to a nearby garage or
11 other place of safety any vehicle found upon a highway under any
12 of the following circumstances:
13 (1) Report has been made that the vehicle has been
14 stolen or taken without the consent of its owner.
15 (2) The person or persons in charge of the vehicle are
16 physically unable to provide for the custody or removal of
17 the vehicle.
18 (3) The person driving or in control of the vehicle is
19 arrested for an alleged offense for which the officer is
20 required by law to take the person arrested before an issuing
21 authority without unnecessary delay.
22 (4) The vehicle is in violation of section 3353
23 (relating to prohibitions in specified places) except for
24 overtime parking.
25 (5) The vehicle has been abandoned as defined in this
26 title. The officer shall comply with the provisions of
27 subsection (d) and Chapter 73 (relating to abandoned vehicles
28 and cargos).
29 (d) Notice to owner prior to removal.--
30 (1) Prior to removal of an abandoned vehicle bearing a
19750H1817B2873 - 187 -
1 registration plate by which the last registered owner of the
2 vehicle can be determined, notice shall be sent by certified
3 mail to the last registered owner of the vehicle informing
4 the owner that unless the vehicle is moved to a suitable
5 location within five days of the date notice is mailed, the
6 vehicle will be removed under this section and held at a
7 suitable facility where it may be reclaimed by the owner in
8 accordance with the provisions of section 7306 (relating to
9 payment of costs upon reclaiming vehicle). If the abandoned
10 motor vehicle does not bear an identifiable registration
11 plate, the notice may be secured to the vehicle.
12 (2) If, within the five-day period, the owner so
13 requests, the owner shall be given an opportunity to explain
14 to the police officer or department why the owner believes
15 the vehicle should not be moved. If the police officer or
16 department determines that the vehicle shall, nonetheless, be
17 moved, the owner shall be given an additional 48 hours to
18 move the vehicle or have it moved.
19 (3) The provision for notice set forth in this
20 subsection is in addition to any other notice requirements
21 provided in Chapter 73.
22 § 3353. Prohibitions in specified places.
23 (a) General rule.--Except when necessary to avoid conflict
24 with other traffic or to protect the safety of any person or
25 vehicle or in compliance with law or the directions of a police
26 officer or official traffic-control device, no person shall:
27 (1) Stop, stand or park a vehicle:
28 (i) On the roadway side of any vehicle stopped or
29 parked at the edge or curb of a street.
30 (ii) On a sidewalk.
19750H1817B2873 - 188 -
1 (iii) Within an intersection.
2 (iv) On a crosswalk.
3 (v) Between a safety zone and the adjacent curb
4 within 30 feet of points on the curb immediately opposite
5 the ends of a safety zone, unless a different length is
6 indicated by official traffic-control devices.
7 (vi) Alongside or opposite any street excavation or
8 obstruction when stopping, standing or parking would
9 obstruct traffic.
10 (vii) Upon any bridge or other elevated structure
11 upon a highway or within a highway tunnel.
12 (viii) On any railroad tracks.
13 (ix) In the area between roadways of a divided
14 highway, including crossovers.
15 (x) At any place where official signs prohibit
16 stopping.
17 (2) Stand or park a vehicle:
18 (i) In front of a public or private driveway.
19 (ii) Within 15 feet of a fire hydrant.
20 (iii) Within 20 feet of a crosswalk at an
21 intersection.
22 (iv) Within 30 feet upon the approach to any
23 flashing signal, stop sign, yield sign or traffic-control
24 signal located at the site of a roadway.
25 (v) Within 20 feet of the driveway entrance to any
26 fire station or, when properly sign posted, on the side
27 of a street opposite the entrance to any fire station
28 within 75 feet of the entrance.
29 (vi) Where the vehicle would prevent the free
30 movement of a streetcar.
19750H1817B2873 - 189 -
1 (vii) On a limited-access highway unless authorized
2 by official traffic-control devices.
3 (viii) At any place where official signs prohibit
4 standing.
5 (3) Park a vehicle:
6 (i) Within 50 feet of the nearest rail of a railroad
7 crossing.
8 (ii) At any place where official signs prohibit
9 parking.
10 (b) Unattended vehicle on private property.--No person shall
11 park or leave unattended a vehicle on private property without
12 the consent of the owner or other person in control or
13 possession of the property except in the case of emergency or
14 disablement of the vehicle, in which case the operator shall
15 arrange for the removal of the vehicle as soon as possible.
16 (c) Property owner may remove vehicle.--The owner or other
17 person in charge or possession of any property on which a
18 vehicle is parked or left unattended in violation of the
19 provisions of subsection (b) may remove or have removed the
20 vehicle at the reasonable expense of the owner of the vehicle.
21 (d) Restrictions by appropriate authorities.--The department
22 on State-designated highways and local authorities on any
23 highway within their boundaries may by erection of official
24 traffic-control devices prohibit, limit or restrict stopping,
25 standing or parking of vehicles on any highway where engineering
26 and traffic studies indicate that stopping, standing or parking
27 is dangerous to those using the highway or where the stopping,
28 standing or parking of vehicles would unduly interfere with the
29 free movement of traffic.
30 (e) Penalty.--Any person violating any provision of this
19750H1817B2873 - 190 -
1 section is guilty of a summary offense and shall, upon
2 conviction, be sentenced to pay a fine not less than $5 nor more
3 than $25.
4 § 3354. Additional parking regulations.
5 (a) Two-way highways.--Except as otherwise provided in this
6 section, every vehicle standing or parked upon a two-way highway
7 shall be positioned parallel to and with the right-hand wheels
8 within 12 inches of the right-hand curb or, in the absence of a
9 curb, as close as practicable to the right edge of the right-
10 hand shoulder.
11 (b) One-way highways.--Except as otherwise provided in this
12 section, every vehicle standing or parked upon a one-way highway
13 shall be positioned parallel to the curb or edge of the highway
14 in the direction of authorized traffic movement with its right-
15 hand wheels within 12 inches of the right-hand curb or, in the
16 absence of a curb, as close as practicable to the right edge of
17 the right-hand shoulder, or with its left-hand wheels within 12
18 inches of the left-hand curb or, in the absence of a curb, as
19 close as practicable to the left edge of the left-hand shoulder.
20 (c) Angle parking.--Local authorities may permit angle
21 parking on any highway after an engineering and traffic study
22 has determined that the highway is of sufficient width to permit
23 angle parking without interfering with the free movement of
24 traffic, except that on a State-designated highway prior
25 approval of the department shall also be obtained.
26 (d) Vehicles with handicapped registration plates.--When a
27 motor vehicle bearing registration plates issued to handicapped
28 persons OR DISABLED VETERANS as prescribed in this title is <--
29 being operated by or for the transportation of the handicapped
30 person OR DISABLED VETERAN, the driver shall be relieved of any <--
19750H1817B2873 - 191 -
1 liability for parking for a period of 60 minutes in excess of
2 the legal parking period permitted by local authorities except
3 where local ordinances or police regulations provide for the
4 accommodation of heavy traffic during morning, afternoon or
5 evening hours.
6 (e) Penalty.--Any person violating subsection (a) or (b) is
7 guilty of a summary offense and shall, upon conviction, be
8 sentenced to pay a fine of not less than $5 nor more than $25.
9 SUBCHAPTER F
10 SPEED RESTRICTIONS
11 Sec.
12 3361. Driving vehicle at safe speed.
13 3362. Maximum speed limits.
14 3363. Alteration of maximum limits by department.
15 3364. Alteration of maximum limits by local authorities. <--
16 3365 3364. Minimum speed regulation.
17 3366 3365. Special speed limitations. <--
18 3367 3366. Charging speed violations. <--
19 3368 3367. Racing on highways. <--
20 3369 3368. Speed timing devices. <--
21 § 3361. Driving vehicle at safe speed.
22 No person shall drive a vehicle at a speed greater than is
23 reasonable and prudent under the conditions and having regard to
24 the actual and potential hazards then existing, nor at a speed
25 greater than will permit the driver to bring his vehicle to a
26 stop within the assured clear distance ahead. Consistent with
27 the foregoing, every person shall drive at a safe and
28 appropriate speed when approaching and crossing an intersection
29 or railroad grade crossing, when approaching and going around a
30 curve, when approaching a hill crest, when traveling upon any
19750H1817B2873 - 192 -
1 narrow or winding roadway and when special hazards exist with
2 respect to pedestrians or other traffic or by reason of weather
3 or highway conditions.
4 § 3362. Maximum speed limits.
5 (a) General rule.--Except when a special hazard exists that
6 requires lower speed for compliance with section 3361 (relating
7 to driving vehicle at safe speed), the limits specified in this
8 subsection or established under this subchapter shall be maximum
9 lawful speeds and no person shall drive a vehicle at a speed in
10 excess of the following maximum limits:
11 (1) 35 miles per hour in any urban district.
12 (2) 55 miles per hour in other locations.
13 (3) Any other maximum speed limit established under this
14 subchapter.
15 (B) POSTING OF SPEED LIMIT.--NO MAXIMUM SPEED LIMIT <--
16 ESTABLISHED UNDER SUBSECTION (A)(1) OR (3) SHALL BE EFFECTIVE
17 UNLESS POSTED ON FIXED OR VARIABLE OFFICIAL TRAFFIC-CONTROL
18 DEVICES ERECTED AT INTERVALS OF NO MORE THAN TWO-TENTHS OF A
19 MILE.
20 (b) (C) Penalty.--Any person violating this section is <--
21 guilty of a summary offense and shall, upon conviction, be
22 sentenced to pay a fine of $35. Any person exceeding the maximum
23 speed limit by more than five miles per hour shall pay an
24 additional fine of $2 per mile for each mile in excess of five
25 miles per hour in excess of OVER the maximum speed limit. <--
26 § 3363. Alteration of maximum limits by department. <--
27 Whenever the department determines THE DEPARTMENT OR LOCAL <--
28 AUTHORITIES ON HIGHWAYS UNDER THEIR RESPECTIVE JURISDICTIONS,
29 upon the basis of an engineering and traffic investigation that <--
30 any, MAY DETERMINE THAT THE maximum speed specified in PERMITTED <--
19750H1817B2873 - 193 -
1 UNDER this subchapter is greater less than is reasonable or AND <--
2 safe under the conditions found to exist at any intersection or <--
3 other place or upon any State-designated highway, the department
4 may determine UPON ANY SUCH HIGHWAY OR PART THEREOF and declare <--
5 a reasonable and safe maximum limit. which shall be effective <--
6 when appropriate signs giving notice of the maximum limit are
7 erected. The maximum speed limit may be declared to be effective
8 at all times or at such times as are indicated upon the signs. <--
9 Differing limits may be established for different times of day,
10 different types of vehicles, varying weather conditions and
11 other factors bearing on safe speeds, which shall be effective
12 when posted upon appropriate fixed or variable signs. OR AT <--
13 TIMES INDICATED AND MAY VARY FOR DIFFERENT WEATHER CONDITIONS
14 AND OTHER FACTORS BEARING ON SAFE SPEEDS. No maximum speed
15 greater than 55 miles per hour shall be established under this
16 section.
17 § 3364. Alteration of maximum limits by local authorities. <--
18 Whenever a local authority determines on the basis of an
19 engineering and traffic investigation that the maximum speed
20 permitted under this subchapter is greater or less than is
21 reasonable and safe under the conditions found to exist upon a
22 highway or part of a highway under its jurisdiction, the local
23 authority may determine and declare a reasonable and safe
24 maximum limit. Any altered limit established under this section
25 shall be effective at all times or during hours of darkness or
26 at other times as may be determined when appropriate signs
27 giving notice of the maximum limit are erected upon the highway.
28 No maximum speed greater than 55 miles per hour shall be
29 established under this section.
30 § 3365 3364. Minimum speed regulation. <--
19750H1817B2873 - 194 -
1 (a) Impeding movement of traffic prohibited.--Except when
2 reduced speed is necessary for safe operation or in compliance
3 with law, no person shall drive a motor vehicle at such a slow
4 speed as to impede the normal and reasonable movement of
5 traffic.
6 (b) Slow moving vehicle to drive off roadway.--Except when
7 reduced speed is necessary for safe operation or in compliance
8 with law, whenever any person drives a motor vehicle or animal-
9 drawn vehicle upon a roadway having width for not more than one
10 lane of traffic in each direction at less than the maximum
11 posted speed and at such a slow speed as to impede the normal
12 and reasonable movement of traffic, the driver shall, at the
13 first opportunity when and where it is reasonable and safe to do
14 so and after giving appropriate signal, drive completely off the
15 roadway and onto the berm or shoulder of the highway. The driver
16 may return to the roadway after giving appropriate signal only
17 when the movement can be made in safety and so as not to impede
18 the normal and reasonable movement of traffic.
19 (c) Establishment of minimum speed limits.--At any other
20 time when the department or local authorities under their
21 respective jurisdictions determine on the basis of an
22 engineering and traffic investigation that slow speeds on any
23 highway or part of a highway impede the normal and reasonable
24 movement of traffic, the department or such local authority may
25 determine and declare a minimum speed limit below which no
26 person shall drive a vehicle except when necessary for safe
27 operation or in compliance with law. The minimum limit shall be
28 effective when posted upon appropriate fixed or variable signs.
29 § 3366 3365. Special speed limitations. <--
30 (a) Bridges and elevated structures.--
19750H1817B2873 - 195 -
1 (1) No person shall drive a vehicle over any bridge or
2 other elevated structure constituting a part of a highway at
3 a speed which is greater than the maximum speed which can be
4 maintained with safety to the bridge or structure when the
5 structure is posted with signs as provided in this
6 subsection.
7 (2) The department and local authorities on highways
8 under their respective jurisdictions may conduct a traffic
9 and engineering investigation of any bridge or other elevated
10 structure constituting a part of a highway, and if it shall
11 thereupon find that the structure cannot safely withstand
12 vehicles traveling at the speed otherwise permissible under
13 this title, the department or local authority shall determine
14 and declare the maximum speed of vehicles which the structure
15 can safely withstand, and shall cause or permit suitable <--
16 signs OFFICIAL TRAFFIC-CONTROL DEVICES stating the maximum <--
17 speed to be erected and maintained before each end of the
18 structure.
19 (3) Upon the trial of any person charged with a
20 violation of this subsection, proof of the determination of
21 the maximum speed by the department and the existence of the
22 signs shall constitute conclusive evidence of the maximum
23 speed which can be maintained with safety to the bridge or
24 structure.
25 (b) School zones.--When passing a school zone as defined and
26 established under regulations of the department, no person shall
27 drive a vehicle at a speed greater than that approved by the <--
28 department ESTABLISHED for the particular school zone. A AN <--
29 OFFICIAL traffic-control device shall indicate the beginning AND <--
30 END of each school zone to traffic approaching in each
19750H1817B2873 - 196 -
1 direction. ESTABLISHMENT OF A SCHOOL ZONE, INCLUDING ITS <--
2 LOCATION, HOURS OF OPERATION AND SPEED LIMIT, SHALL BE APPROVED
3 BY THE DEPARTMENT.
4 (c) Hazardous grades.--The department and local authorities
5 on highways under their respective jurisdictions may conduct
6 traffic and engineering investigations on grades which are
7 considered hazardous. If the grade is determined to be
8 hazardous, vehicles having a gross weight of 24,000 pounds or
9 more may be further limited as to maximum speed and may be
10 required to stop before proceeding downhill. The restrictions
11 shall be indicated by official traffic-control devices erected
12 and maintained according to regulations established by the
13 department.
14 (d) Penalty.--Any person violating any provision of this
15 section is guilty of a summary offense and shall, upon
16 conviction, be sentenced to pay a fine of $35. Any person
17 exceeding a maximum speed limit established under this section
18 by more than five miles per hour shall pay an additional fine of
19 $2 per mile for each mile in excess of five miles per hour in
20 excess of the maximum speed limit.
21 § 3367 3366. Charging speed violations. <--
22 In every charge of violation of a speed provision in this
23 subchapter, except for a violation of section 3361 (relating to
24 driving vehicle at safe speed), the citation or complaint shall
25 specify the speed at which the defendant is alleged to have
26 driven and the applicable speed limit.
27 § 3368 3367. Racing on highways. <--
28 (a) Definitions.--As used in this section the following
29 words and phrases shall have the meanings given to them in this
30 subsection:
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1 "Drag race." The operation of two or more vehicles from a
2 point side by side at accelerating speeds in a competitive
3 attempt to outdistance each other, or the operation of one or
4 more vehicles over a common selected course, from the same point
5 to the same point, for the purpose of comparing the relative
6 speeds or power of acceleration of the vehicle or vehicles
7 within a certain distance or time limit.
8 "Race." The use of one or more vehicles in an attempt to
9 outgain, outdistance or prevent another vehicle from passing, to
10 arrive at a given destination ahead of another vehicle or
11 vehicles, or to test the physical stamina or endurance of
12 drivers over long distance driving routes.
13 (b) General rule.--No person shall drive a vehicle on a
14 highway in any race, speed competition or contest, drag race or
15 acceleration contest, test of physical endurance, exhibition of
16 speed or acceleration, or for the purpose of making a speed
17 record, and no person shall in any manner participate in any
18 such race, competition, contest, test or exhibition.
19 (c) Permits for special activities.--The department or local
20 authorities within their jurisdiction may issue permits for
21 special activities which would otherwise be prohibited by this
22 section.
23 (d) Penalty.--Any person violating this section is guilty of
24 a misdemeanor of the third degree SUMMARY OFFENSE and shall, <--
25 upon conviction, be sentenced in accordance with section 6503 <--
26 (relating to penalties for misdemeanors). TO PAY A FINE OF $200. <--
27 § 3369 3368. Speed timing devices. <--
28 (a) Speedometers authorized.--The rate of speed of any
29 vehicle may be timed on any highway by a police officer using a
30 motor vehicle equipped with a speedometer. In ascertaining the
19750H1817B2873 - 198 -
1 speed of a vehicle by the use of a speedometer, the speed shall
2 be timed for a distance of not less than three-tenths of a mile.
3 (b) Testing of speedometers.--The department may appoint
4 stations for testing speedometers and may prescribe regulations
5 as to the manner in which the test shall be made. Speedometers
6 shall have been tested for accuracy within a period of 90 60 <--
7 days prior to the alleged violation. A certificate from the
8 station showing that the test was made, the date of the test and
9 the degree of accuracy of the speedometer shall be competent and
10 prima facie evidence of those facts in every proceeding in which
11 a violation of this title is charged.
12 (c) Mechanical or electrical devices authorized.--The rate
13 of speed of any vehicle may be timed by the use of mechanical or
14 electrical speed timing devices, including radio-microwave
15 devices (commonly referred to as electronic speed meters or
16 radar), on any highway by officers of the Pennsylvania State
17 Police. The rate of speed of any vehicle may be so timed by <--
18 members of a police force having ten or more full-time officers
19 on any highway within their jurisdiction, except that the timing
20 may only be done on a limited-access or divided highway if it is
21 patrolled by the police force under the terms of an agreement
22 with the Pennsylvania State Police. ALL NEW UNITS PURCHASED <--
23 AFTER THE EFFECTIVE DATE OF THIS TITLE INCLUDING THOSE PURCHASED
24 FOR THE PENNSYLVANIA STATE POLICE SHALL HAVE PRINTED OUTPUT.
25 (d) Approval and testing of mechanical or electrical
26 devices.--All mechanical or electrical devices shall be of a
27 type approved by the department, which shall appoint stations
28 for calibrating and testing the devices and may prescribe
29 regulations as to the manner in which calibrations and tests
30 shall be made. The devices shall have been tested for accuracy
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1 within a period of 120 60 days prior to the alleged violation. A <--
2 certificate from the station showing that the calibration and
3 test were made within the required period, and that the device
4 was accurate, shall be competent and prima facie evidence of
5 those facts in every proceeding in which a violation of this
6 title is charged.
7 (e) Police training for mechanical or electrical devices.-- <--
8 Police officers operating the mechanical or electrical devices
9 shall be trained in the use of the devices in a uniform course
10 of instruction prescribed by the Pennsylvania State Police.
11 CHAPTER 35
12 SPECIAL VEHICLES AND PEDESTRIANS
13 Subchapter
14 A. Operation of Bicycles
15 B. Special Rules for Motorcycles
16 C. Rights and Duties of Pedestrians
17 SUBCHAPTER A
18 OPERATION OF BICYCLES
19 Sec.
20 3501. Applicability of traffic laws to bicycles.
21 3502. Penalty for violation of subchapter.
22 3503. Responsibility of parent or guardian.
23 3504. Riding on bicycles.
24 3505. Riding on roadways and bicycle paths.
25 3506. Articles carried by operator.
26 3507. Lamps and other equipment on bicycles.
27 3508. Bicycles on sidewalks and bicycle paths.
28 § 3501. Applicability of traffic laws to bicycles.
29 (a) General rule.--Every person riding a bicycle upon a
30 roadway shall be granted all of the rights and shall be subject
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1 to all of the duties applicable to the driver of a vehicle by
2 this title, except as to special provisions in this subchapter
3 and except as to those provisions of this title which by their
4 nature can have no application.
5 (b) Application of subchapter.--The provisions of this
6 subchapter apply whenever a bicycle is operated upon any highway
7 or upon any path set aside for the exclusive use of bicycles
8 subject to the exceptions stated in subsection (a).
9 § 3502. Penalty for violation of subchapter.
10 Any person violating any provision of this subchapter is
11 guilty of a summary offense and shall, upon conviction, be
12 sentenced to pay a fine of $10.
13 § 3503. Responsibility of parent or guardian.
14 The parent of any child and the guardian of any ward shall
15 not authorize or knowingly permit the child or ward to violate
16 any of the provisions of this title relating to the operation of
17 bicycles.
18 § 3504. Riding on bicycles.
19 (a) Use of seat by operator.--A person propelling a bicycle
20 shall not ride other than upon or astride a permanent and
21 regular seat attached to the bicycle.
22 (b) Number of riders.--No bicycle shall be used to carry
23 more persons at one time than the number for which the bicycle
24 is designed and equipped.
25 § 3505. Riding on roadways and bicycle paths.
26 (a) General rule.--Except as provided in subsection (b),
27 every person operating a bicycle upon a roadway shall ride as
28 near to the right side of the roadway as practicable, exercising
29 due care when passing a standing vehicle or one proceeding in
30 the same direction.
19750H1817B2873 - 201 -
1 (b) One-way highways.--Any person operating a bicycle upon a
2 roadway of a highway, which highway carries traffic in one
3 direction only and has two or more marked traffic lanes, may
4 ride as near the left-hand curb or edge of the roadway as
5 practicable, exercising due care when passing a standing vehicle
6 or one proceeding in the same direction.
7 (c) Limitation on riding abreast.--Persons riding bicycles
8 upon a roadway shall not ride more than two abreast except on
9 paths or parts of roadways set aside for the exclusive use of
10 bicycles.
11 (d) Use of available bicycle paths.--Whenever a lane or path
12 for bicycles has been provided as part of a highway, bicycle
13 riders shall use the lane or path and shall not use any other
14 part of the highway. This subsection does not apply when use of
15 the bicycle lane or path is not possible, safe or reasonable.
16 § 3506. Articles carried by operator.
17 No person operating a bicycle shall carry any package, bundle
18 or article which prevents the driver from keeping at least one
19 hand upon the handlebars.
20 § 3507. Lamps and other equipment on bicycles.
21 (a) Lamps and reflectors.--Every bicycle when in use between
22 sunset and sunrise shall be equipped on the front with a lamp
23 which emits a white light visible from a distance of at least
24 500 feet to the front and with a red reflector on the rear of a
25 type approved by the department which shall be visible from all
26 distances from 100 feet to 600 feet to the rear and with an
27 amber reflector on each side. A lamp emitting a red light
28 visible from a distance of 500 feet to the rear may be used in
29 addition to the red reflector. A lamp worn by the operator of a
30 bicycle shall comply with the requirements of this subsection if
19750H1817B2873 - 202 -
1 the lamp can be seen at the distances specified. All lamps and
2 reflectors shall be of a type approved by the department.
3 (b) Audible signal devices.--A bicycle may be equipped with
4 a device capable of giving a signal audible for a distance of at
5 least 100 feet except that a bicycle shall not be equipped with
6 nor shall any person use upon a bicycle any siren.
7 (c) Brakes.--Every bicycle shall be equipped with a braking
8 system which will stop the bicycle in 15 feet from an initial
9 speed of 15 miles per hour on a dry, level and clean pavement.
10 § 3508. Bicycles on sidewalks and bicycle paths.
11 (a) Right-of-way to pedestrians.--A person riding a bicycle
12 upon a sidewalk or bicycle path used by pedestrians shall yield
13 the right-of-way to any pedestrian and shall give an audible
14 signal before overtaking and passing a pedestrian.
15 (b) Business districts.--A person shall not ride a bicycle
16 upon a sidewalk in a business district unless permitted by
17 official traffic-control devices, nor when a usable bicycle-only
18 lane has been provided adjacent to the sidewalk.
19 SUBCHAPTER B
20 SPECIAL RULES FOR MOTORCYCLES
21 Sec.
22 3521. Applicability of traffic laws to motorcycles.
23 3522. Riding on motorcycles.
24 3523. Operating motorcycles on roadways laned for traffic.
25 3524. Footrests and handlebars.
26 3525. Protective equipment for motorcycle riders.
27 § 3521. Applicability of traffic laws to motorcycles.
28 Every person operating a motorcycle shall be granted all of
29 the rights and shall be subject to all of the duties applicable
30 to the driver of any other vehicle under this title, except as
19750H1817B2873 - 203 -
1 to special provisions in this subchapter and except as to those
2 provisions of this title which by their nature can have no
3 application.
4 § 3522. Riding on motorcycles.
5 (a) Use of seat by operator and passengers.--A person
6 operating a motorcycle shall ride only upon the permanent and
7 regular seat attached to the motorcycle, and the operator shall
8 not carry any other person nor shall any other person ride on a
9 motorcycle unless the motorcycle is designed to carry more than
10 one person, in which event a passenger may ride upon the
11 permanent and regular seat if designed for two persons, or upon
12 another seat firmly attached to the motorcycle at the rear or
13 side of the operator. In no event shall a passenger sit in front
14 of the operator of the motorcycle.
15 (b) Method of seating.--Unless in a sidecar, a person shall
16 ride upon a motorcycle only while sitting astride the seat,
17 facing forward, with one leg on each side of the motorcycle.
18 (c) Articles carried by operator.--No person shall operate a
19 motorcycle while carrying any package, bundle or other article
20 which prevents him from keeping both hands on the handlebars.
21 (d) Interference with operation.--No operator shall carry
22 any person, nor shall any person ride, in a position that will
23 interfere with the operation or control of the motorcycle or the
24 view of the operator.
25 § 3523. Operating motorcycles on roadways laned for traffic.
26 (a) Right to use of lane.--All motorcycles are entitled to
27 full use of a lane and no motor vehicle shall be driven in such
28 a manner as to deprive any motorcycle of the full use of a lane.
29 (b) Overtaking and passing.--The operator of a motorcycle
30 shall not overtake and pass in the same lane occupied by the
19750H1817B2873 - 204 -
1 vehicle being overtaken.
2 (c) Operation between lanes or vehicles.--No person shall
3 operate a motorcycle between lanes of traffic or between
4 adjacent lines or rows of vehicles.
5 (d) Limitation on operating abreast.--Motorcycles shall not
6 be operated more than two abreast in a single lane.
7 (E) LIMITED ACCESS HIGHWAYS.--NO MOTORIZED BICYCLE SHALL BE <--
8 OPERATED ON ANY LIMITED ACCESS HIGHWAY.
9 (e) (F) Exception for police officers.--Subsections (b) and <--
10 (c) do not apply to police officers in the performance of their
11 official duties.
12 § 3524. Footrests and handlebars.
13 (a) Passengers.--Any motorcycle carrying a passenger, other
14 than in a sidecar or enclosed cab, shall be equipped with
15 footrests and handhold for the passenger.
16 (b) Height of handlebars.--No person shall operate any
17 motorcycle with handlebars above shoulder-height of the operator
18 while properly seated upon the motorcycle.
19 § 3525. Protective equipment for motorcycle riders.
20 (a) Protective headgear.--No person shall operate or ride
21 upon a motorcycle or a motor-driven cycle (other than a
22 motorized bicycle) unless he is wearing protective headgear
23 which complies with standards established by the department.
24 (b) Eye-protective devices.--No person shall operate or ride
25 upon a motorcycle unless he is wearing an eye-protective device
26 of a type approved by the department.
27 (c) Approval of equipment.--The department may approve or
28 disapprove protective headgear and eye-protective devices
29 required under this section and may issue and enforce
30 regulations establishing standards and specifications for the
19750H1817B2873 - 205 -
1 approval of the headgear and devices. The department shall
2 publish lists of all protective headgear and eye-protective
3 devices by name and type which have been approved.
4 SUBCHAPTER C
5 RIGHTS AND DUTIES OF PEDESTRIANS
6 Sec.
7 3541. Obedience of pedestrians to traffic-control devices and
8 regulations.
9 3542. Right-of-way of pedestrians in crosswalks.
10 3543. Pedestrians crossing at other than crosswalks.
11 3544. Pedestrians walking along or on highway.
12 3545. Pedestrians soliciting rides or business.
13 3546. Driving through or around safety zone.
14 3547. Right-of-way of pedestrians on sidewalks.
15 3548. Pedestrians to yield to authorized emergency vehicles.
16 3549. Blind pedestrians.
17 3550. Pedestrians under influence of alcohol or controlled
18 substance.
19 3551. Compliance with bridge and railroad warning signals.
20 3552. Penalty for violation of subchapter.
21 § 3541. Obedience of pedestrians to traffic-control devices and
22 regulations.
23 (a) Traffic-control devices.--A pedestrian shall obey the
24 instructions of any official traffic-control device specifically <--
25 applicable to the pedestrian unless otherwise directed by a
26 police officer or other appropriately attired person authorized
27 to direct, control or regulate traffic.
28 (b) Traffic and pedestrian-control signals.--Pedestrians <--
29 shall be subject to A LOCAL AUTHORITY BY ORDINANCE MAY REQUIRE <--
30 PEDESTRIANS TO OBEY traffic and pedestrian-control signals as
19750H1817B2873 - 206 -
1 provided in sections 3112 (relating to traffic-control signals)
2 and 3113 (relating to pedestrian-control signals).
3 (c) Other privileges and restrictions.--At all other places, <--
4 pedestrians shall be accorded the privileges and shall be
5 subject to the restrictions stated in this subchapter.
6 § 3542. Right-of-way of pedestrians in crosswalks.
7 (a) General rule.--When traffic-control signals are not in
8 place or not in operation, the driver of a vehicle shall yield
9 the right-of-way to a pedestrian crossing the roadway within any
10 marked crosswalk or within any unmarked crosswalk at an
11 intersection.
12 (b) Exercise of care by pedestrian.--No pedestrian shall
13 suddenly leave a curb or other place of safety and walk or run
14 into the path of a vehicle which is so close as to constitute a
15 hazard.
16 (c) Limitation on vehicles passing.--Whenever any vehicle is
17 stopped at any crosswalk at an intersection or at any marked
18 crosswalk to permit a pedestrian to cross the roadway, the
19 driver of any other vehicle approaching from the rear shall not
20 overtake and pass the stopped vehicle.
21 (d) Application of section.--Subsection (a) does not apply
22 under the conditions stated in section 3543(b) (relating to
23 pedestrians crossing at other than crosswalks).
24 § 3543. Pedestrians crossing at other than crosswalks.
25 (a) General rule.--Every pedestrian crossing a roadway at
26 any point other than within a crosswalk at an intersection or
27 any marked crosswalk shall yield the right-of-way to all
28 vehicles upon the roadway.
29 (b) At pedestrian tunnel or overhead crossing.--Any
30 pedestrian crossing a roadway at a point where a pedestrian
19750H1817B2873 - 207 -
1 tunnel or overhead pedestrian crossing has been provided shall
2 yield the right-of-way to all vehicles upon the roadway.
3 (c) Between controlled intersections in urban district.--
4 Between adjacent intersections in urban districts at which
5 traffic-control signals are in operation pedestrians shall not
6 cross at any place except in a marked crosswalk.
7 (d) Crossing intersection diagonally.--No pedestrian shall
8 cross a roadway intersection diagonally unless authorized by
9 official traffic-control devices or at the direction of a police
10 officer or other appropriately attired person authorized to
11 direct, control or regulate traffic. When authorized to cross
12 diagonally, pedestrians shall cross only in accordance with the
13 signal pertaining to the crossing movements.
14 § 3544. Pedestrians walking along or on highway.
15 (a) Mandatory use of available sidewalk.--Where a sidewalk
16 is provided and its use is practicable, it is unlawful for any
17 pedestrian to walk along and upon an adjacent roadway.
18 (b) Absence of sidewalk.--Where a sidewalk is not available,
19 any pedestrian walking along and upon a highway shall walk only
20 on a shoulder as far as practicable from the edge of the
21 roadway.
22 (c) Absence of sidewalk and shoulder.--Where neither a
23 sidewalk nor a shoulder is available, any pedestrian walking
24 along and upon a highway shall walk as near as practicable to an
25 outside edge of the roadway and, if on a two-way roadway, shall
26 walk only on the left side of the roadway.
27 (d) Right-of-way to vehicles.--Except as otherwise provided
28 in this subchapter, any pedestrian upon a roadway shall yield
29 the right-of-way to all vehicles upon the roadway.
30 § 3545. Pedestrians soliciting rides or business.
19750H1817B2873 - 208 -
1 No person shall:
2 (1) Stand on a roadway for the purpose of soliciting a
3 ride.
4 (2) Stand on a roadway for the purpose of soliciting
5 employment, business or contributions from the occupant of
6 any vehicle.
7 (3) Stand on or in proximity to a highway for the
8 purpose of soliciting the watching or guarding of any vehicle
9 while parked or about to be parked on a street or highway.
10 § 3546. Driving through or around safety zone.
11 (a) Through zones.--No vehicle shall at any time be driven
12 through or within a safety zone.
13 (b) Around zones.--Traffic may move on either side of a
14 safety zone unless prohibited from driving to the left of the
15 zone by the installation of an official traffic-control device
16 as provided in this title.
17 § 3547. Right-of-way of pedestrians on sidewalks.
18 The driver of a vehicle emerging from or entering an alley,
19 building, private road or driveway shall yield the right-of-way
20 to any pedestrian approaching on any sidewalk extending across
21 the alley, building entrance, road or driveway.
22 § 3548. Pedestrians to yield to authorized emergency vehicles.
23 (a) General rule.--Upon the immediate approach of an
24 authorized emergency vehicle making use of audible and visual
25 signals meeting the requirements of this title, or of a police
26 vehicle properly and lawfully making use of an audible signal
27 only, every pedestrian shall yield the right-of-way to the
28 authorized emergency vehicle.
29 (b) Exercise of care by driver.--This section does not
30 relieve the driver of an authorized emergency vehicle from the
19750H1817B2873 - 209 -
1 duty to drive with due regard for the safety of all persons
2 using the highway nor from the duty to exercise due care to
3 avoid colliding with any pedestrian.
4 § 3549. Blind pedestrians.
5 (a) General rule.--The driver of a vehicle shall yield the
6 right-of-way to any totally or partially blind pedestrian
7 carrying a clearly visible white cane or accompanied by a guide
8 dog and shall take such precautions as may be necessary to avoid
9 injuring or endangering the pedestrian and, if necessary, shall
10 stop the vehicle in order to prevent injury or danger to the
11 pedestrian.
12 (b) Effect of absence of cane or dog.--This section shall
13 not be construed to deprive a totally or partially blind
14 pedestrian not carrying a cane or not being guided by a dog of
15 the rights and privileges conferred by law upon pedestrians
16 crossing streets or highways, nor shall the failure of a totally
17 or partially blind pedestrian to carry a cane or to be guided by
18 a guide dog upon the streets, highways or sidewalks of this
19 Commonwealth be held to constitute contributory negligence in
20 and of itself.
21 § 3550. Pedestrians under influence of alcohol or controlled
22 substance.
23 A pedestrian who is under the influence of alcohol or any
24 controlled substance to a degree which renders the pedestrian a
25 hazard shall not walk or be upon a highway except on a sidewalk.
26 § 3551. Compliance with bridge and railroad warning signals.
27 (a) Bridges.--No pedestrian shall enter or remain upon any
28 bridge or approach to any bridge beyond the bridge signal, gate
29 or barrier after a bridge operation signal indication has been
30 given.
19750H1817B2873 - 210 -
1 (b) Railroad crossings.--No pedestrian shall pass through,
2 around, over or under any crossing gate or barrier at a railroad
3 grade crossing or bridge while the gate or barrier is closed or
4 is being opened or closed.
5 § 3552. Penalty for violation of subchapter.
6 Any pedestrian violating any provision of this subchapter is
7 guilty of a summary offense and shall, upon conviction, be
8 sentenced to pay a fine of $5.
9 CHAPTER 37
10 MISCELLANEOUS PROVISIONS
11 Subchapter
12 A. Offenses in General
13 B. Serious Traffic Offenses
14 C. Accidents and Accident Reports
15 SUBCHAPTER A
16 OFFENSES IN GENERAL
17 Sec.
18 3701. Unattended motor vehicle.
19 3702. Limitations on backing.
20 3703. Driving upon sidewalk.
21 3704. Obstruction to driving view or mechanism.
22 3705. Opening and closing vehicle doors.
23 3706. Riding in house trailers, MOBILE HOMES or <--
24 boats on trailers.
25 3707. Driving or stopping close to fire apparatus.
26 3708. Unauthorized driving over fire hose.
27 3709. Depositing waste and other material on highway.
28 3710. Stopping at intersection or crossing to prevent
29 obstruction.
30 3711. Careless driving.
19750H1817B2873 - 211 -
1 3712. Unauthorized persons and devices hanging on vehicles.
2 3713. Abandonment and stripping of vehicles.
3 3714. Railroad trains not to block crossings.
4 § 3701. Unattended motor vehicle.
5 (a) General rule.--No person driving or in charge of a motor
6 vehicle shall permit the vehicle to stand unattended without
7 placing the gear shift lever in a position which under the
8 circumstances impedes the movement of the vehicle, stopping the
9 engine, locking the ignition, removing the key from the ignition
10 and, when standing upon any grade, turning the front wheels to
11 the curb or side of the highway and effectively setting the
12 brake.
13 (b) Penalty.--Any person violating this section is guilty of
14 a summary offense and shall, upon conviction, be sentenced to
15 pay a fine of $5.
16 § 3702. Limitations on backing.
17 (a) General rule.--No driver shall back a vehicle unless the
18 movement can be made with safety and without interfering with
19 other traffic and then only after yielding the right-of-way to
20 moving traffic and pedestrians.
21 (b) Limited-access highways.--No driver shall back a vehicle
22 upon any shoulder or roadway of any limited-access highway.
23 § 3703. Driving upon sidewalk.
24 No person shall drive any vehicle upon a sidewalk or sidewalk
25 area except upon a permanent or duly authorized temporary
26 driveway.
27 § 3704. Obstruction to driving view or mechanism.
28 No person shall drive a vehicle when it is so loaded, or when
29 there are in the front seat such a number of persons, exceeding
30 three, as to obstruct the view of the driver to the front or
19750H1817B2873 - 212 -
1 sides of the vehicle or as to interfere with the driver's
2 control over the driving mechanism of the vehicle or whenever
3 any person in the front seat is not seated.
4 § 3705. Opening and closing vehicle doors.
5 No person shall open any door on a motor vehicle unless and
6 until it is reasonably safe to do so and can be done without
7 interfering with the movement of other traffic, nor shall any
8 person leave a door open on a side of a vehicle available to
9 moving traffic for a period of time longer than necessary to
10 load or unload passengers.
11 § 3706. Riding in house trailers, MOBILE HOMES or boats on <--
12 trailers.
13 (a) General rule.--No person or persons shall occupy a house
14 trailer, MOBILE HOME or boat on a trailer while it is being <--
15 moved upon a highway.
16 (b) Towing prohibited.--No person shall tow on a highway a
17 house trailer, MOBILE HOME or boat on a trailer occupied by a <--
18 passenger or passengers.
19 § 3707. Driving or stopping close to fire apparatus.
20 The driver of any vehicle other than one on official business
21 shall not follow any fire apparatus traveling in response to a
22 fire alarm closer than 500 feet or stop the vehicle within 500
23 feet of any fire apparatus stopped in answer to a fire alarm.
24 § 3708. Unauthorized driving over fire hose.
25 No vehicle shall be driven over any unprotected hose of a
26 fire department when laid down on any highway, private road or
27 driveway, for use at any fire or alarm of fire, without the
28 consent of a fire department officer, a police officer or other
29 appropriately attired person authorized to direct, control or
30 regulate traffic at the scene.
19750H1817B2873 - 213 -
1 § 3709. Depositing waste and other material on highway.
2 (a) General rule.--No person shall throw or deposit upon any
3 highway any waste paper, sweepings, ashes, household waste,
4 glass, metal, refuse or rubbish, or any dangerous or detrimental
5 substance.
6 (b) Removal of deposited material.--Any person who drops, or
7 permits to be dropped or thrown, upon any highway any waste
8 paper, sweepings, ashes, household waste, glass, metal, refuse
9 or rubbish, or any dangerous or detrimental substance shall
10 immediately remove the same or cause it to be removed.
11 (c) Removal of material following accident.--Any person
12 removing a wrecked, damaged or disabled vehicle from a highway
13 shall remove from the highway or neutralize any glass, oil or
14 other injurious substance resulting from the accident or
15 disablement.
16 (d) Penalty.--Any person violating any of the provisions of
17 subsection (a) or (b) is guilty of a summary offense and shall,
18 upon conviction, be sentenced to pay a fine of not more than
19 $300.
20 § 3710. Stopping at intersection or crossing to prevent
21 obstruction.
22 No driver shall enter an intersection or a crosswalk or drive
23 onto any railroad grade crossing unless there is sufficient
24 space on the other side of the intersection, crosswalk or
25 railroad grade crossing to accommodate the vehicle operated
26 without obstructing the passage of other vehicles, pedestrians
27 or railroad trains notwithstanding any traffic-control signal
28 indication to proceed.
29 § 3711. Careless driving.
30 Any person who drives a vehicle carelessly or without due
19750H1817B2873 - 214 -
1 caution and circumspection in a manner so as to endanger a
2 person or property is guilty of careless driving. This section
3 shall apply throughout this Commonwealth as well as upon
4 highways.
5 § 3712. Unauthorized persons and devices hanging on vehicles.
6 (a) General rule.--No person shall hang onto or ride on the
7 outside or the rear end of any vehicle and no person on a
8 bicycle, motorcycle, roller skates, sled or any similar device,
9 shall hold fast to or attach the device to any moving vehicle or
10 streetcar, and no operator of a vehicle or streetcar shall
11 knowingly permit any person to hang onto or ride on the outside
12 or rear end of the vehicle or streetcar operated, or allow any
13 person on a bicycle, motorcycle, roller skates, sled or any
14 similar device to hold fast or attach the device to the vehicle
15 or streetcar operated on any highway.
16 (b) Exceptions.--This section is not applicable to firemen
17 or garbage collectors or operators of fire trucks or garbage
18 trucks acting pursuant to and during the course of their duties.
19 § 3713. Abandonment and stripping of vehicles.
20 (a) Abandonment on highway.--No person shall abandon a
21 vehicle upon any highway.
22 (b) Abandonment on public or private property.--No person
23 shall abandon a vehicle upon any public or private property
24 without the express or implied consent of the owner or person in
25 lawful possession or control of the property.
26 (c) Stripping abandoned vehicle.--It is unlawful for any
27 person, except the owner or his agent or as otherwise provided
28 in this title, to remove any part of an abandoned vehicle.
29 (d) Penalties.--Any person violating subsection (a) or (b)
30 is guilty of a summary offense and shall, upon conviction, be
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1 sentenced to pay a fine of $50 plus all costs of disposing of
2 the vehicle under the provisions of Chapter 73 (relating to
3 abandoned vehicles and cargos). Any person violating subsection
4 (c) is guilty of a misdemeanor of the third degree and shall,
5 upon conviction, be sentenced in accordance with section 6503
6 (relating to penalties for misdemeanors). <--
7 § 3714. Railroad trains not to block crossings.
8 No person or government agency shall operate any train in
9 such a manner as to prevent vehicular use of any roadway for a
10 period of time in excess of five consecutive minutes except
11 under any of the following circumstances:
12 (1) When necessary to comply with signals affecting the
13 safety of the movement of trains.
14 (2) When necessary to avoid striking any object or
15 person on the track.
16 (3) When the train is disabled.
17 (4) When the train is in motion except while engaged in
18 switching operations.
19 (5) When there is no vehicular traffic waiting to use
20 the crossings.
21 (6) When necessary to comply with a governmental safety
22 regulation.
23 SUBCHAPTER B
24 SERIOUS TRAFFIC OFFENSES
25 Sec.
26 3731. Reckless driving.
27 3732. Driving under influence of alcohol or controlled
28 substance.
29 3733. Homicide by vehicle.
30 3734. Fleeing or attempting to elude police officer.
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1 3735. Driving without lights to avoid identification or arrest.
2 § 3731. Reckless driving.
3 Any person who drives a vehicle in wilful or wanton disregard
4 for the safety of persons or property is guilty of reckless
5 driving, a misdemeanor of the third degree SUMMARY OFFENSE, and <--
6 shall, upon conviction, be sentenced in accordance with section <--
7 6503 (relating to penalties for misdemeanors). TO PAY A FINE OF <--
8 $200.
9 § 3732. Driving under influence of alcohol or controlled
10 substance.
11 (a) Offense defined.--A person shall not drive any vehicle
12 while:
13 (1) there is 0.10% or more by weight of alcohol in his
14 blood;
15 (2) under the influence of alcohol to a degree which
16 renders him incapable of safe driving;
17 (3) under the influence of any controlled substance, as
18 defined in the act of April 14, 1972 (P.L.233, No.64), known
19 as "The Controlled Substance, Drug, Device and Cosmetic Act,"
20 to a degree which renders him incapable of safe driving; or
21 (4) under the combined influence of alcohol and a
22 controlled substance to a degree which renders him incapable
23 of safe driving.
24 (b) Authorized use not a defense.--The fact that any person
25 charged with violating this section is or has been legally
26 entitled to use alcohol or controlled substances is not a
27 defense to any charge of violating this section.
28 (c) Penalty.--Any person violating any of the provisions of
29 this section is guilty of a misdemeanor of the third degree and
30 shall, upon conviction, be sentenced in accordance with section
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1 6503 (relating to penalties for misdemeanors). <--
2 § 3733. Homicide by vehicle.
3 Any person who unintentionally causes the death of another
4 person while engaged in the violation of any law of this
5 Commonwealth or municipal ordinance applying to the operation or
6 use of a vehicle or to the regulation of traffic is guilty of
7 homicide by vehicle, a misdemeanor of the first degree, when the
8 violation is the cause of death.
9 § 3734. Fleeing or attempting to elude police officer.
10 (a) Offense defined.--Any driver of a motor vehicle who
11 wilfully fails or refuses to bring his vehicle to a stop, or who
12 otherwise flees or attempts to elude a pursuing police vehicle,
13 when given visual or audible signal to bring the vehicle to a
14 stop, is guilty of a misdemeanor of the third degree SUMMARY <--
15 OFFENSE and shall, upon conviction, be sentenced in accordance <--
16 with section 6503 (relating to penalties for misdemeanors) TO <--
17 PAY A FINE OF $200.
18 (b) Signal by police officer.--The signal given by the
19 police officer may be by hand, voice, emergency lights or siren.
20 § 3735. Driving without lights to avoid identification or
21 arrest.
22 Any person who drives without lights or turns off any or all
23 the lights on a motor vehicle for the purpose of avoiding
24 identification or arrest is guilty of a misdemeanor of the third <--
25 degree SUMMARY OFFENSE and shall, upon conviction, be sentenced <--
26 in accordance with section 6503 (relating to penalties for <--
27 misdemeanors). TO PAY A FINE OF $200. <--
28 SUBCHAPTER C
29 ACCIDENTS AND ACCIDENT REPORTS
30 Sec.
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1 3741. Application of subchapter.
2 3742. Accidents involving death or personal injury.
3 3743. Accidents involving damage to attended vehicle or
4 property.
5 3744. Duty to give information and render aid.
6 3745. Accidents involving damage to unattended vehicle or
7 property.
8 3746. Immediate notice of accident to police department.
9 3747. Written report of accident by driver or owner.
10 3748. False reports.
11 3749. Reports by coroners and medical examiners.
12 3750. Reports by garages.
13 3751. Reports by police.
14 3752. Accident report forms.
15 3753. Department to tabulate and analyze accident reports.
16 § 3741. Application of subchapter.
17 The provisions of this subchapter shall apply upon highways
18 and elsewhere throughout this Commonwealth.
19 § 3742. Accidents involving death or personal injury.
20 (a) General rule.--The driver of any vehicle involved in an
21 accident resulting in injury or death of any person shall
22 immediately stop the vehicle at the scene of the accident or as
23 close thereto as possible but shall then forthwith return to and
24 in every event shall remain at the scene of the accident until
25 he has fulfilled the requirements of section 3744 (relating to
26 duty to give information and render aid). Every stop shall be
27 made without obstructing traffic more than is necessary.
28 (b) Penalty.--Any person violating this section is guilty of
29 a misdemeanor of the third degree and shall, upon conviction, be
30 sentenced to imprisonment for not more than one year or to pay a
19750H1817B2873 - 219 -
1 fine of not less than $200 nor more than $1,000, or both.
2 § 3743. Accidents involving damage to attended vehicle
3 or property.
4 (a) General rule.--The driver of any vehicle involved in an
5 accident resulting only in damage to a vehicle or other property
6 which is driven or attended by any person shall immediately stop
7 the vehicle at the scene of the accident or as close thereto as
8 possible but shall forthwith return to and in every event shall
9 remain at the scene of the accident until he has fulfilled the
10 requirements of section 3744 (relating to duty to give
11 information and render aid). Every stop shall be made without
12 obstructing traffic more than is necessary.
13 (b) Penalty.--Any person violating this section is guilty of
14 a misdemeanor of the third degree and shall, upon conviction, be
15 sentenced to pay a fine of not less than $100 nor more than
16 $500.
17 § 3744. Duty to give information and render aid.
18 (a) General rule.--The driver of any vehicle involved in an
19 accident resulting in injury to or death of any person or damage
20 to any vehicle or other property which is driven or attended by
21 any person shall give his name, address and the registration
22 number of the vehicle he is driving, and shall upon request
23 exhibit his driver's license and proof of insurance to any
24 person injured in the accident or to the driver or occupant of
25 or person attending any vehicle or other property damaged in the
26 accident and shall give the information and upon request exhibit
27 the license and proof of insurance to any police officer at the
28 scene of the accident or who is investigating the accident and
29 shall render to any person injured in the accident reasonable
30 assistance, including the making of arrangements for the
19750H1817B2873 - 220 -
1 carrying of the injured person to a physician, surgeon or
2 hospital for medical or surgical treatment if it is apparent
3 that treatment is necessary or if requested by the injured
4 person.
5 (b) Report of accident to police.--In the event that none of
6 the persons specified are in condition to receive the
7 information to which they otherwise would be entitled under
8 subsection (a) and no police officer is present, the driver of
9 any vehicle involved in the accident after fulfilling all other
10 requirements of section 3742 (relating to accidents involving
11 death or personal injury) and subsection (a), in so far as
12 possible on his part to be performed, shall forthwith report the
13 accident to the nearest office of a duly authorized police
14 department and submit to the police department the information
15 specified in subsection (a).
16 (c) Duty of occupants if driver disabled.--Whenever the
17 driver of a vehicle is physically unable to give the information
18 or assistance required in this section and there are other
19 occupants in the vehicle at the time of the accident who are
20 physically able to give the information or assistance required
21 in this section, each of the other occupants shall fully reveal
22 the identity of himself and the identity of the driver of the
23 vehicle and of the owner of the vehicle of which they are
24 occupants and shall otherwise perform the duties of the driver
25 as set forth in subsection (a).
26 § 3745. Accidents involving damage to unattended vehicle or
27 property.
28 The driver of any vehicle which collides with or is involved
29 in an accident with any vehicle or other property which is
30 unattended resulting in any damage to the other vehicle or
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1 property shall immediately stop the vehicle at the scene of the
2 accident or as close thereto as possible and shall then and
3 there either locate and notify the operator or owner of the
4 damaged vehicle or other property of his name, address,
5 information relating to the certificate of insurance and the
6 registration number of the vehicle being driven or shall attach
7 securely in a conspicuous place in or on the damaged vehicle or
8 other property a written notice giving his name, address,
9 information relating to the certificate of insurance and the
10 registration number of the vehicle being driven and shall
11 without unnecessary delay notify the nearest office of a duly
12 authorized police department. Every stop shall be made without
13 obstructing traffic more than is necessary.
14 § 3746. Immediate notice of accident to police department.
15 (a) General rule.--The driver of a vehicle involved in an
16 accident shall immediately by the quickest means of
17 communication give notice to the nearest office of a duly
18 authorized police department if the accident involves:
19 (1) injury to or death of any person; or
20 (2) damage to the property of any one person to the <--
21 apparent extent of $200 or more and such that any vehicle
22 involved TO THE EXTENT THAT IT cannot be driven under its own <--
23 power in its customary manner without further damage or
24 hazard to the vehicle, other traffic elements, or the
25 roadway, and therefore requires towing.
26 (b) Duty of occupant when driver disabled.--Whenever the
27 driver of a vehicle is physically incapable of giving an
28 immediate notice of an accident as required in subsection (a)
29 and there is another occupant in the vehicle at the time of the
30 accident capable of doing so, the occupant shall make or cause
19750H1817B2873 - 222 -
1 to be given the notice not given by the driver.
2 (c) Investigation by police officer.--Every accident
3 reported to a police department required in this section shall
4 be investigated by a police officer who shall provide each
5 driver a signed statement that the accident was reported.
6 § 3747. Written report of accident by driver or owner.
7 (a) General rule.--Unless IF an accident is investigated by <--
8 a police officer in accordance with section 3746 (relating to
9 immediate notice of accident to police department), the driver
10 of a vehicle which is in any manner involved in an THE accident <--
11 resulting in bodily injury to or death of any person or damage <--
12 to the property of any one person to an apparent extent of $200
13 or more shall, within five days of the accident, forward a
14 written report of the accident to the department.
15 (b) Supplemental reports.--The department may require any
16 driver of a vehicle involved in an accident of which written
17 report must be made as provided in this section to file
18 supplemental written reports whenever the original report is
19 insufficient in the opinion of the department.
20 (c) Exception for disabled persons.--A written accident
21 report is not required under this subchapter from any person who
22 is physically incapable of making a report during the period of
23 incapacity.
24 (d) Duty of owner if driver disabled.--Whenever the driver
25 is physically incapable of making a written report of an
26 accident as required in this section and the driver is not the
27 owner of the vehicle, then the owner of the vehicle involved in
28 the accident shall, within five days after the accident, make
29 the report not made by the driver.
30 (e) Confidentiality of reports.--All written reports
19750H1817B2873 - 223 -
1 required in this section to be forwarded to the department by
2 drivers or owners of vehicles involved in accidents shall be
3 without prejudice to the individual so reporting and shall be
4 for the confidential use of the department or any other
5 Commonwealth agency having use for the records for accident
6 prevention purposes, except that the department shall disclose
7 the identity of a person involved in an accident when the
8 identity is not otherwise known or when the person denies his
9 presence at the accident and shall disclose whether any person
10 or vehicle was covered by a vehicle insurance policy and the
11 name of the insurer.
12 (f) Use of reports as evidence.--No accident reports
13 forwarded under the provisions of this section shall be used as
14 evidence in any trial, civil or criminal, arising out of an
15 accident except that the department shall furnish upon demand of
16 any party to the trial, or upon demand of any court, a
17 certificate showing that a specified accident report has or has
18 not been made to the department in compliance with the law and,
19 if the report has been made, the date, time and location of the
20 accident, the names and addresses of the drivers, the owners of
21 the vehicles involved and the investigating officers. The
22 reports may be used as evidence when necessary to prosecute
23 charges filed in connection with a violation of section 3748
24 (relating to false reports).
25 (g) Compliance with other laws required.--This section does
26 not affect the duty of filing accident reports required by any
27 other statute or regulations made thereunder.
28 § 3748. False reports.
29 Any person who gives information in oral or written reports
30 required by this subchapter knowing or having reason to believe
19750H1817B2873 - 224 -
1 that the information is false is guilty of a misdemeanor of the <--
2 third degree SUMMARY OFFENSE and shall, upon conviction, be <--
3 sentenced in accordance with section 6503 (relating to penalties <--
4 for misdemeanors). TO PAY OF FINE OF $200. <--
5 § 3749. Reports by coroners and medical examiners.
6 (a) General rule.--Every coroner or medical examiner in this
7 Commonwealth shall, on or before the tenth day of each month,
8 report in writing to the department the death of any person
9 resulting from a vehicle accident, giving the time and place of
10 accident and the circumstances relating thereto. These reports
11 shall be made on forms prepared by the department. Every coroner
12 or medical examiner shall retain a copy of the reports in his
13 office for a period of two years.
14 (b) Blood and urine samples.--The coroners or medical
15 examiners of each county in this Commonwealth shall take blood
16 or urine samples or both from the bodies of all drivers and of
17 all pedestrians over 15 years of age who die within four hours
18 following an accident and shall, within ten days of the
19 accident, transmit the samples to the Governor's Council on Drug
20 and Alcohol Abuse. This subsection shall be applicable to all
21 occupants over 15 years of age if the driver of the vehicle
22 cannot be determined.
23 (c) Regulations for testing samples.--The Governor's Council
24 on Drug and Alcohol Abuse shall establish and promulgate rules
25 and regulations for the testing of the blood and urine samples
26 authorized to be taken from dead bodies under this section.
27 § 3750. Reports by garages.
28 The person in charge of any garage or repair shop to which is
29 brought a vehicle which shows evidence of having been struck by
30 any bullet shall report to the nearest office of a duly
19750H1817B2873 - 225 -
1 authorized police department within 24 hours after the vehicle
2 is received by the garage or repair shop, giving the year, make
3 and model name of the vehicle, the vehicle identification
4 number, the registration plate number and address of the owner
5 or driver of the vehicle.
6 § 3751. Reports by police.
7 (a) General rule.--Every police department that investigates
8 a vehicle accident for which a report must be made as required
9 in this subchapter, or otherwise prepares a written report as a
10 result of an investigation either at the time of and at the
11 scene of the accident or thereafter by interviewing the
12 participants or witnesses, shall forward a written report of the
13 accident to the department within five days after the
14 investigation of the accident.
15 (b) Furnishing copies of report.--Police departments shall,
16 upon request, furnish at a cost not to exceed $5 a certified
17 copy of its full report of its investigation of any vehicle
18 accident to any person involved in the accident, his attorney or
19 insurer, and to the Federal Government, branches of the military
20 service, Commonwealth agencies, and to officials of political
21 subdivisions and to agencies of other states and nations and
22 their political subdivisions. The copy of the report shall not
23 be admissible as evidence in any action for damages or criminal
24 proceedings arising out of a motor vehicle accident. Police
25 departments may refuse to furnish the complete copy of
26 investigation of the vehicle accident whenever there are
27 criminal charges pending against any persons involved in the
28 vehicle accident unless the Pennsylvania Rules of Criminal
29 Procedure require the production of the documents.
30 § 3752. Accident report forms.
19750H1817B2873 - 226 -
1 (a) Form and content.--The department shall prepare and upon
2 request supply to all law enforcement agencies and other
3 appropriate agencies or individuals, forms for written accident
4 reports as required in this subchapter suitable with respect to
5 the persons required to make the reports and the purposes to be
6 served. The written report forms shall call for sufficiently
7 detailed information to disclose with reference to a vehicle
8 accident the cause, conditions then existing and the persons and
9 vehicles involved. Reports for use by the drivers and owners
10 shall also provide for information relating to financial
11 responsibility.
12 (b) Use.--Every accident report required to be made in
13 writing shall be made on the appropriate form approved by the
14 department and shall contain all the information required
15 therein unless not available.
16 § 3753. Department to tabulate and analyze accident reports.
17 (a) Central accident records agency.--The department shall
18 establish a central accident records agency which shall be the
19 repository for all reportable traffic accidents as defined in
20 this subchapter. The agency will have primary responsibility for
21 the administration and supervision of storing, processing and
22 providing the informational needs to all official agencies
23 having responsibility in the highway transportation system.
24 (b) Central accident analysis system.--The department shall
25 provide accident data for analysis in selecting accident
26 prevention programs and in evaluating the effectiveness of those
27 programs implemented. As a minimum, the system shall be capable
28 of providing:
29 (1) An annual statistical summary of motor vehicle
30 accidents including multi-dimensional distribution for such
19750H1817B2873 - 227 -
1 factors as type, time and location of accident, road and
2 weather conditions, type of traffic control, and condition
3 and actions of operators and type and condition of the
4 vehicles.
5 (2) Identification of hazardous road locations.
6 (3) Information on which police duty assignment may be
7 more effective in order to prevent accidents.
8 (4) Evaluation of speed regulations or other provisions
9 of this title to aid the General Assembly in determining when
10 changes are desirable.
11 (5) Statistical analyses of the relationship between
12 non-accident traffic violations of operators and accident
13 involvement. These analyses shall include such factors as the
14 type, location, and severity of violations, the type,
15 location, and severity of the accidents and the
16 responsibility of the operators involved.
17 (6) An evaluation of legal or departmental actions as
18 related to driver improvement and accident reduction.
19 (c) Highway safety statistics.--The department may compile
20 such other statistics for such purposes as it might deem helpful
21 in advancing highway safety.
22 PART IV
23 VEHICLE CHARACTERISTICS
24 Chapter
25 41. Equipment Standards
26 43. Lighting Equipment
27 45. Other Required Equipment
28 47. Inspection of Vehicles
29 49. Size, Weight and Load
30 CHAPTER 41
19750H1817B2873 - 228 -
1 EQUIPMENT STANDARDS
2 Sec.
3 4101. Purpose of part.
4 4102. Definitions.
5 4103. Promulgation of vehicle equipment standards.
6 4104. Testing and approval of equipment.
7 4105. Revocation and renewal of certificates of approval.
8 4106. Market surveillance program.
9 4107. Unlawful activities.
10 4108. Injunctive relief.
11 § 4101. Purpose of part.
12 The purpose of this chapter and Chapters 43 (relating to
13 lighting equipment) and 45 (relating to other required
14 equipment) is to establish minimum standards for vehicle
15 equipment the performance of which is related to vehicle safety,
16 noise control and air quality and to make unlawful the sale and
17 use of items which do not comply with the requirements of this
18 part or with the standards and regulations promulgated by the
19 department.
20 § 4102. Definitions.
21 The following words and phrases when used in this part shall
22 have, unless the context clearly indicates otherwise, the
23 meanings given to them in this section.
24 "Federal standard". A minimum standard of vehicle or vehicle
25 equipment performance issued under the National Traffic and
26 Motor Vehicle Safety Act (80 Stat. 718, 15 U.S.C.A. §1381), the
27 Motor Vehicle Information and Cost Savings Act (86 Stat. 947, 15
28 U.S.C.A. §1901) or the Clean Air Act (81 Stat. 485, 42 U.S.C.A.
29 §1857).
30 "Vehicle equipment standard". A minimum standard for vehicle
19750H1817B2873 - 229 -
1 performance or vehicle equipment performance which meets the
2 needs of vehicle safety, noise control or air quality control,
3 which is practicable and which provides objective criteria.
4 § 4103. Promulgation of vehicle equipment standards.
5 (a) General rule.--The department shall promulgate vehicle
6 equipment standards for vehicles, equipment and devices required
7 under this part. To the maximum extent possible, consistent with
8 safety, the standards shall be expressed in terms of minimum
9 acceptable performance levels, measured against objective
10 testing parameters.
11 (b) Applicability of Federal standards.--Federal standards
12 promulgated with respect to the performance of any vehicle or
13 item of equipment shall have the same force and effect as if
14 promulgated by the department under subsection (a) and shall
15 supersede any Commonwealth standard applicable to the same
16 aspect of performance for the vehicle or item of equipment. The <--
17 department may, by specific incorporation in regulations as
18 provided in subsection (c), extend the application of any
19 Federal standard to any or all other vehicles or items of
20 equipment sold, registered, used or operated within this
21 Commonwealth upon demonstration of significant health or safety
22 benefits to this Commonwealth.
23 (c) Incorporation of standards by reference.--Subject to the
24 provisions of subsections (a) and (b), applicable standards or
25 recommended practices issued by the National Highway Traffic
26 Safety Administration, U.S. Department of Transportation, the
27 Vehicle Equipment Safety Commission, the American National
28 Standards Institute, the Society of Automotive Engineers or any
29 other generally recognized standards setting body may be adopted
30 by reference, provided that copies of the standards are
19750H1817B2873 - 230 -
1 incorporated in the notice of proposed rule making.
2 (d) Applicability to certain vehicles.--Vehicle equipment
3 standards contained in this part or promulgated by the
4 department under the authority given in this part shall not
5 apply to A MOTOR VEHICLE REGISTERED AS an antique or classic <--
6 vehicle containing equipment which meets the original
7 manufacturer's specifications.
8 § 4104. Testing and approval of equipment.
9 (a) Authority of department.--The department may require new
10 vehicles and equipment to be tested and approved for compliance
11 with the requirements of this part or any vehicle equipment
12 standard adopted pursuant to section 4103(a) (relating to
13 promulgation of vehicle equipment standards).
14 (b) Basis of approval.--Approvals may be based on
15 certification furnished to the department by the American
16 Association of Motor Vehicle Administrators, or if the American
17 Association of Motor Vehicle Administrators certification
18 program does not cover the type of vehicle or equipment, the
19 department shall determine approval on test reports prepared by
20 such testing laboratories as the department may designate.
21 (c) Procedure for approval.--The department shall establish
22 by regulation the procedure to be followed when request for
23 approval of any item of equipment is submitted under this
24 section. The department shall not unreasonably withhold
25 designation of any laboratory which meets the minimum criteria
26 established by the department as an approved laboratory for
27 equipment testing. Where a regulated manufacturer has its own
28 in-house testing facilities which meet the minimum criteria, the
29 department may accept test reports from the manufacturer for the
30 purpose of granting equipment approvals.
19750H1817B2873 - 231 -
1 (d) Markings on approved equipment.--Each item of equipment
2 requiring approval by the department shall bear the trademark,
3 name or code symbol under which it is approved. If practicable,
4 the markings shall be legible after installation. For the
5 purposes of this subsection, code symbol means one assigned and
6 approved by the department in the absence of a name or
7 trademark.
8 (e) Lists of approved equipment.--The department shall
9 maintain lists of all items of equipment which have been
10 approved under authority of this part. Copies of the lists or
11 portions of the lists shall be made available at cost upon
12 request.
13 § 4105. Revocation and renewal of certificates of approval.
14 (a) Hearing to review approved devices.--When the department
15 has reason to believe that an approved device being sold
16 commercially does not comply with the requirements of this part,
17 it may, after giving 30 days' notice to the person holding the
18 certificate of approval for the device, conduct a hearing upon
19 the question of compliance of the approved device. After the
20 hearing, the department shall determine whether the approved
21 device meets the requirements of this part and shall notify the
22 person holding the certificate of approval of the determination.
23 (b) Devices determined to be in violation.--If the
24 department determines as a result of the hearing that the device
25 does not meet the requirements of this part, the person holding
26 the certificate of approval shall have a period of 90 days to
27 resubmit a request for approval. In the event the device is
28 determined to be hazardous, the department may take immediate
29 action through injunctive relief pursuant to section 4108
30 (relating to injunctive relief). If the person holding the
19750H1817B2873 - 232 -
1 certificate of approval fails to satisfy the department that the
2 resubmitted device as thereafter to be sold meets the
3 requirements of this part, the department shall revoke the
4 approval issued unless the device is resubmitted to and retested
5 by an authorized testing laboratory and is found to meet the
6 requirements of this part. The department may require that all
7 devices sold since the notification following the hearing be
8 replaced with devices that do comply with the requirements of
9 this part.
10 (c) Expiration of certificate.--Certificates of approval
11 issued for items of equipment required to be approved under this
12 part will not expire except as provided by regulation or until
13 revoked by the department.
14 (d) Renewal of certificate.--Certificates of approval which
15 expire pursuant to regulation shall be void after the period
16 stated from the date of issue unless application is made for
17 renewal of the certificates in accordance with the procedure
18 established by the department, together with the applicable fee,
19 and a new certificate of approval is issued.
20 (e) Promulgation of regulations.--The department shall
21 promulgate rules and regulations to effectuate the provisions of
22 this section.
23 § 4106. Market surveillance program.
24 (a) General rule.--The department shall maintain a
25 continuing program of market surveillance to insure that any
26 items of vehicle equipment offered for sale in this Commonwealth
27 and for which approvals are required are in compliance with the
28 law.
29 (b) Purchase and testing of samples.--The department may
30 undertake at State expense random retail purchase and compliance
19750H1817B2873 - 233 -
1 testing of samples of equipment which is covered by a valid
2 certificate of approval or which has been certified by its
3 manufacturer as being in compliance with an applicable Federal
4 motor vehicle safety standard. If the samples, upon testing,
5 fail to meet the applicable performance requirements, the
6 department may commence revocation proceedings pursuant to
7 section 4105 (relating to revocation and renewal of certificates
8 of approval).
9 (c) Notice of violations.--If the market surveillance
10 program reveals instances of items of equipment being offered
11 for sale which have not been approved as required by State law
12 or regulation or certified as being in compliance with an
13 applicable Federal standard, immediate written notice of that
14 fact shall be furnished the dealer, distributor, wholesaler or
15 manufacturer. The dealer shall not thereafter sell the equipment
16 and the distributor, wholesaler or manufacturer shall recall all
17 the equipment from all dealers.
18 § 4107. Unlawful activities.
19 (a) Violation of vehicle equipment standards.--
20 (1) It is unlawful for any person to sell, offer for
21 sale, lease, install or replace, either separately or as part
22 of the equipment of a vehicle, any item of vehicle equipment
23 AFFECTING THE OPERATION OF THE VEHICLE which does not comply <--
24 with this title or regulations promulgated thereunder, or
25 which does not comply with an applicable Federal motor
26 vehicle safety standard adopted by regulation by the
27 department.
28 (2) Any person convicted of violating this subsection
29 shall be subject to a civil penalty of not more than $100 for
30 each violation. Each violation of the provisions of this
19750H1817B2873 - 234 -
1 subsection shall constitute a separate violation with respect
2 to each motor vehicle or item of motor vehicle equipment or
3 with respect to each failure or refusal to allow or perform
4 an act required thereby, except that the maximum civil
5 penalty shall not exceed $10,000 for any related series of
6 violations.
7 (b) Other violations.--It is unlawful for any person to do
8 any of the following:
9 (1) Wilfully or intentionally remove (other than for
10 purposes of repair and replacement) or render inoperative, in
11 whole or in part, any item of vehicle equipment which was
12 required to be installed at the time of manufacture or
13 thereafter upon any vehicle, by any law, rule, regulation or
14 requirement of any officer or agency of the United States or
15 of the Commonwealth, if it is intended that the vehicle be
16 operated upon the highways of this Commonwealth unless the
17 removal or alteration is specifically permitted by this title
18 or by regulations promulgated by the department.
19 (2) Operate, or cause or permit another person to
20 operate, on any highway in this Commonwealth any vehicle or
21 combination which is not equipped as required under this part
22 or which is otherwise in an unsafe condition.
23 (3) Do any act forbidden by this part or fail to perform
24 any act required under this part.
25 (c) Use of certain equipment unaffected.--This part shall
26 not be construed to:
27 (1) Prohibit the use of parts or equipment required by
28 the National Traffic and Motor Vehicle Safety Act of 1966 (80
29 Stat. 718, 15 U.S.C.A. § 1381) or the use of any other parts
30 or accessories on any vehicle not inconsistent with the
19750H1817B2873 - 235 -
1 provisions of this title or regulations promulgated
2 thereunder.
3 (2) Limit the use of independent aftermarket repair and
4 service parts in the repair of vehicles and items of vehicle
5 equipment unless in violation of the provisions of this title
6 or regulations promulgated thereunder.
7 § 4108. Injunctive relief.
8 (a) General rule.--Upon petition by the department, the
9 Commonwealth Court shall have jurisdiction, for cause shown, to
10 restrain violations of this part or to restrain the sale, offer
11 for sale or use of any item of vehicle equipment which is
12 determined to be in violation of this part or regulations
13 promulgated pursuant thereto.
14 (b) Notice of contemplated action.--Whenever practicable,
15 the department shall give notice to any person against whom an
16 action for injunctive relief is contemplated and afford an
17 opportunity to present views and, except in the case of a
18 knowing and wilful violation, shall afford reasonable
19 opportunity to achieve compliance. The failure to give notice
20 and afford such opportunity shall not preclude the granting of
21 appropriate relief.
22 (c) Non-jury criminal contempt proceedings.--In any
23 proceeding for criminal contempt for violation of an injunction
24 or restraining order issued under this section, the court shall
25 sit without intervention of a jury.
26 CHAPTER 43
27 LIGHTING EQUIPMENT
28 Sec.
29 4301. Promulgation of regulations by department.
30 4302. Period for requiring lighted lamps.
19750H1817B2873 - 236 -
1 4303. General lighting requirements.
2 4304. Obstructed lights not required.
3 4305. Vehicular hazard signal lamps.
4 4306. Use of multiple-beam road lighting equipment.
5 4307. Use and display of illuminated signs.
6 § 4301. Promulgation of regulations by department.
7 The department shall promulgate regulations governing the
8 number, visibility, color, size, type, construction, location
9 and use of lamps, other lighting equipment and any
10 retroreflective surfaces on vehicles.
11 4302. Period for requiring lighted lamps.
12 Every vehicle upon a highway at any time between sunset and
13 sunrise and at any other time when, due to insufficient light or
14 unfavorable atmospheric conditions, persons and vehicles on the
15 highway are not clearly discernible from a distance of 1000 feet
16 ahead shall display lighted head and other lamps and
17 illuminating devices as required under this chapter for
18 different classes of vehicles, subject to exceptions with
19 respect to parked vehicles. Stop lights, turn signals and other
20 signaling devices shall be lighted as prescribed in this title.
21 § 4303. General lighting requirements.
22 (a) Head lamps.--Every vehicle, except trailers, operated on
23 a highway shall be equipped with a head lamp system in
24 conformance with regulations of the department.
25 (b) Rear lighting.--Every vehicle operated on a highway
26 shall be equipped with a rear lighting system including, but not
27 limited to, rear lamps, rear reflectors, stop lamps and license
28 plate light, in conformance with regulations of the department.
29 (c) Turn signals and hazard warning lights.--Every motor
30 vehicle, except motorcycles, and every trailer operated on a
19750H1817B2873 - 237 -
1 highway shall be equipped with a system of turn signal lights
2 and hazard warning lights in conformance with regulations of the
3 department.
4 (d) Identification, clearance and side marker lights.--Every
5 motor vehicle, trailer and combination operated on a highway
6 shall be equipped with a system of lights which may include
7 retroreflective reflectors, identification, clearance and side
8 marker lights in conformance with regulations of the department.
9 (e) Equipment exempted by regulation.--Antique motor
10 vehicles, animal-drawn vehicles, implements of husbandry and
11 special mobile equipment, if operated exclusively between the
12 hours of sunrise and sunset and not during periods of reduced
13 visibility or insufficient illumination, may be exempted from
14 certain lighting equipment requirements of this part by
15 regulations of the department.
16 § 4304. Obstructed lights not required.
17 Whenever motor and other vehicles are operated in combination
18 during the time that lights are required, any lamp (except a
19 tail lamp) need not be lighted which, by reason of its location
20 on a vehicle of the combination, is obscured by another vehicle
21 of the combination, but this does not affect the requirement
22 that lighted clearance lamps be displayed on the front of the
23 foremost vehicle required to have clearance lamps, nor that all
24 lights required on the rear of the rearmost vehicle of any
25 combination shall be lighted.
26 § 4305. Vehicular hazard signal lamps.
27 (a) General rule.--Simultaneous flashing of the two front
28 and two rear signal lamps shall indicate a vehicular traffic
29 hazard. The driver of a motor vehicle equipped with simultaneous
30 flashing signals shall use the signals when the vehicle is
19750H1817B2873 - 238 -
1 stopped or disabled on a highway, except when the vehicle is
2 stopped in compliance with a traffic-control device or when
3 legally parked. Drivers of other vehicles shall exercise
4 extraordinary care in approaching, overtaking and passing a
5 vehicle displaying vehicular hazard warning signals.
6 (b) Use outside business and residence districts.--Outside
7 of a business or residence district, the driver of a vehicle
8 equipped with simultaneous flashing signals shall use the
9 signals when the vehicle is unable to maintain a speed of at
10 least 25 miles per hour because of weather, grade or other
11 similar factors or is unable to maintain a speed consistent with
12 the normal flow of traffic.
13 (c) Use below minimum speed limit.--The driver of a vehicle
14 equipped with simultaneous flashing signals shall use the
15 signals when the vehicle is not maintaining at least the minimum
16 speed established in accordance with the provisions of section
17 3365 (relating to minimum speed regulation).
18 § 4306. Use of multiple-beam road lighting equipment.
19 (a) Approaching an oncoming vehicle.--Whenever the driver of
20 a vehicle approaches an oncoming vehicle within 500 feet, the
21 driver shall use the low beam of light.
22 (b) Approaching a vehicle from rear.--Whenever the driver of
23 a vehicle approaches another vehicle from the rear within 300
24 feet, the driver shall use the low beam of light.
25 § 4307. Use and display of illuminated signs.
26 (a) General rule.--Except as otherwise provided in this
27 section, no vehicle shall bear or display any illuminated signs,
28 letters, numerals or figures of any kind whatsoever.
29 (b) Buses.--A bus or school bus may bear an illuminated sign
30 stating its use or destination.
19750H1817B2873 - 239 -
1 (c) Taxicabs.--A taxicab may carry on the rear or the top of
2 the vehicle illuminated signs placed so as not to interfere with
3 the vision of the driver through the rear window of the vehicle.
4 The size and placement of the sign must receive approval of the
5 department or be a type approved by the department prior to use
6 on the vehicle.
7 CHAPTER 45
8 OTHER REQUIRED EQUIPMENT
9 Subchapter
10 A. Brake Equipment
11 B. Safety and Anti-pollution Equipment
12 C. Vehicles for Transportation of School Children
13 D. Equipment of Authorized and Emergency Vehicles
14 SUBCHAPTER A
15 BRAKE EQUIPMENT
16 Sec.
17 4501. Promulgation of regulations by department.
18 4502. General requirements for braking systems.
19 § 4501. Promulgation of regulations by department.
20 The department shall promulgate regulations governing the
21 type, size, construction, location and use of brake equipment
22 taking into consideration different requirements for different
23 classes or types of vehicles. The authority granted in this
24 section includes the power to regulate the performance of the
25 brake system on a vehicle.
26 § 4502. General requirements for braking systems.
27 (a) Parking brakes.--Every vehicle or combination, except a
28 motorcycle, operated on a highway shall be equipped with a
29 parking brake system adequate to hold the vehicle or combination
30 on any grade on which it is operated, under all conditions of
19750H1817B2873 - 240 -
1 loading, on a surface free of ice or snow. The system shall not
2 be designed to require a continuous or intermittent source of
3 energy for full effectiveness after initial application.
4 (b) Service brakes.--Every vehicle and combination operated
5 on a highway shall be equipped with a service brake system
6 adequate to control the movement of and to stop and hold the
7 vehicle or combination on any grade on which it is operated,
8 under all conditions of loading, and adequate to meet the
9 braking performance standards established by regulation of the
10 department.
11 (c) Breakaway systems.--Every combination operated on a
12 highway, the towed vehicle of which is equipped with brakes or
13 which has a gross weight in excess of 3,000 pounds, shall be so
14 equipped that, upon breakaway of the towed vehicle, the towed
15 vehicle shall be stopped and held automatically, and the towing
16 vehicle shall be capable of being stopped and held by use of its
17 own service braking system.
18 (d) Equipment exempted from section.--This section does not
19 apply to towed instruments of husbandry and such items or types
20 of special mobile equipment as are specifically exempted from
21 compliance by regulations promulgated by the department.
22 SUBCHAPTER B
23 SAFETY AND ANTI-POLLUTION EQUIPMENT
24 Sec.
25 4521. Promulgation of regulations by department.
26 4522. Violation of Federal statute or regulation.
27 4523. Exhaust systems, mufflers and noise control.
28 4524. Windshield obstructions and wipers.
29 4525. Tire equipment and traction surfaces.
30 4526. Safety glass.
19750H1817B2873 - 241 -
1 4527. Television equipment.
2 4528. Fire extinguishers.
3 4529. Slow moving vehicle emblem.
4 4530. Portable emergency warning devices.
5 4531. Emission control systems.
6 4532. Smoke control for diesel-powered motor vehicles.
7 4533. Spray protection.
8 4534. Rear-view mirrors.
9 4535. Audible warning devices.
10 4536. Bumpers.
11 § 4521. Promulgation of regulations by department.
12 The department shall promulgate regulations governing the
13 number, size, color, type, construction, location and use of
14 other equipment on vehicles consistent with but not limited by
15 the provisions of this subchapter and taking into consideration
16 different requirements for different classes or types of
17 vehicles.
18 § 4522. Violation of Federal statute or regulation.
19 (a) General rule.--No person shall drive a vehicle on any
20 highway in violation of any provision of a Federal statute or
21 regulation relating to any type of equipment or documents used
22 in the vehicle while engaged in interstate commerce.
23 (b) Penalty.--Any person violating this section is guilty of
24 a summary offense and shall, upon conviction, be sentenced to
25 pay a fine of $100.
26 § 4523. Exhaust systems, mufflers and noise control.
27 (a) Compliance with established sound levels.--Every motor
28 vehicle operated on a highway shall be constructed, equipped,
29 maintained and operated so as not to exceed the sound level for
30 the vehicle as prescribed in regulations promulgated by the
19750H1817B2873 - 242 -
1 department. The test procedures and instrumentation to be
2 utilized shall also be established by regulation.
3 (b) Compliance with exhaust requirements.--In addition to
4 any requirements established under sections 4531 (relating to
5 emission control systems) and 4532 (relating to smoke control
6 for diesel-powered MOTOR vehicles), every motor vehicle shall be <--
7 constructed, equipped, maintained and operated so as to prevent
8 engine exhaust gases from penetrating and collecting in any part
9 of the vehicle occupied by the driver or passengers.
10 (c) Mufflers and related equipment.--Every motor vehicle
11 shall be equipped with a muffler or other effective noise
12 suppressing system in good working order and in constant
13 operation and no muffler or exhaust system shall be equipped
14 with a cutout, bypass or similar device.
15 (d) Unauthorized modification of equipment.--No person shall
16 modify the exhaust system of a motor vehicle in a manner which
17 will amplify or increase the noise emitted by the motor of the
18 vehicle above the maximum levels permitted under subsection (a)
19 or violate the provisions of subsection (b). The original
20 muffler shall comply with all of the requirements of this part.
21 No person shall operate a motor vehicle with an exhaust system
22 so modified as to exceed the permissible noise levels
23 established under this section.
24 (e) Fire equipment and racing vehicles.--This section does
25 not apply to fire equipment or to racing vehicles being operated
26 in an organized racing or competitive event conducted under a
27 permit issued by local authorities.
28 § 4524. Windshield obstructions and wipers.
29 (a) Obstruction on front windshield.--No person shall drive
30 any motor vehicle with any sign, poster or other nontransparent
19750H1817B2873 - 243 -
1 material, including ice or snow, upon the front windshield
2 except an inspection certificate or other officially required
3 sticker.
4 (b) Obstruction on side and rear windows.--No person shall
5 drive any motor vehicle with any sign, poster or other
6 nontransparent material, including ice or snow, upon the side
7 wings or side or rear windows of the vehicle which materially
8 obstructs, obscures or impairs the driver's clear view of the
9 highway or any intersecting highway.
10 (c) Other obstruction.--No person shall drive any motor
11 vehicle with any object or material hung from the inside rear
12 view mirror or otherwise hung, placed or attached in such a
13 position as to materially obstruct, obscure or impair the
14 driver's vision through the front windshield or any manner as to
15 constitute a safety hazard.
16 (d) Windshield wiper systems.--The windshield on every motor
17 vehicle other than a motorcycle or motor-driven cycle shall be
18 equipped with a wiper system capable of cleaning rain, snow or
19 other moisture from the windshield, and so constructed as to be
20 controlled or operated by the driver of the vehicle.
21 § 4525. Tire equipment and traction surfaces.
22 (a) General rule.--No vehicle shall be operated on the
23 highway unless the vehicle is equipped with tires of a type,
24 size and construction approved by the department for the vehicle
25 and unless the tires are in a safe operating condition as
26 determined in accordance with regulations of the department.
27 (b) Vehicles not equipped with pneumatic tires.--It is
28 unlawful for any person to operate or move, or cause or permit
29 to be moved, in contact with any highway any vehicle equipped
30 with traction or road contact surfaces other than pneumatic
19750H1817B2873 - 244 -
1 tires unless of a type, size and construction permitted by
2 regulations of the department and unless the movement is made
3 under specific conditions allowed by regulations of the
4 department.
5 (c) Tire studs AND ICE GRIPS.--No person shall drive any <--
6 vehicle upon a highway with tires containing tire studs. FROM <--
7 NOVEMBER 1 OF EACH YEAR TO APRIL 30 OF THE FOLLOWING YEAR TIRES
8 IN WHICH HAVE BEEN INSERTED ICE GRIPS OR TIRE STUDS OF WEAR-
9 RESISTING MATERIAL, INSTALLED IN SUCH MANNER AS TO PROVIDE
10 RESILIENCY UPON CONTACT WITH THE ROAD, WITH PROJECTIONS NOT TO
11 EXCEED TWO THIRTY-SECONDS OF AN INCH BEYOND THE TREAD OF THE
12 TRACTION SURFACE OF THE TIRE, AND CONSTRUCTED TO PREVENT ANY
13 APPRECIABLE DAMAGE TO THE ROAD SURFACE.
14 (d) Tire chains.--Tire chains may be temporarily used on
15 vehicles during periods of snow and ice emergency if they are in
16 conformance with regulations promulgated by the department.
17 § 4526. Safety glass.
18 (a) Safety glass required.--It is unlawful to sell or to
19 operate on any highway in this Commonwealth any vehicle
20 manufactured or assembled after January 1, 1934, and registered
21 in this Commonwealth unless the vehicle is equipped with safety
22 glass or similar material, which is in compliance with
23 regulations promulgated by the department, wherever transparent
24 or translucent material is used in the vehicle in doors,
25 windows, windshields and wings.
26 (b) Replacement of glass.--It is unlawful for the owner of
27 any vehicle to have safety glass, broken or otherwise, in the
28 windshields, doors, windows or wings of the vehicle replaced
29 with any glass other than safety glass. It is unlawful for any
30 person to install in the windshields, doors, windows or wings of
19750H1817B2873 - 245 -
1 any vehicle any glass other than safety glass.
2 (c) Violation by common carrier or public utility.--In case
3 of any violation of any provision of this section by any common
4 carrier or person operating under a certificate of authority
5 issued by the Pennsylvania Public Utility Commission, the
6 certificate shall either be revoked or, in the discretion of the
7 commission, suspended until the provision or provisions are
8 complied with to the satisfaction of the commission.
9 (d) Exception.--This section does not apply to house
10 trailers.
11 § 4527. Television equipment.
12 No motor vehicle operated on a highway shall be equipped with
13 television-type receiving equipment forward of the back of the
14 driver's seat or otherwise visible to the driver. This section
15 does not prevent the use of television-type receiving equipment
16 in a vehicle used exclusively for safety or law enforcement
17 purposes as approved by the Pennsylvania State Police.
18 § 4528. Fire extinguishers.
19 Every vehicle towing a house trailer, every motor home and
20 every motor vehicle with a mounted truck-camper shall be
21 equipped with at least one fire extinguisher of a type and size
22 approved by the department.
23 § 4529. Slow moving vehicle emblem.
24 (a) General rule.--All implements of husbandry and special
25 mobile equipment designed to operate at 25 miles per hour or
26 less and all animal-drawn vehicles shall, when traveling on a
27 highway, display on the rear of the vehicle a reflective slow
28 moving vehicle emblem as specified in regulations of the
29 department. The use of the slow moving vehicle emblem shall be
30 in addition to any other lighting devices or equipment required
19750H1817B2873 - 246 -
1 by this title.
2 (b) Limitations on use or display.--No person shall use or
3 display the slow moving vehicle emblem except as provided in
4 this section nor shall any person display the emblem on a
5 vehicle traveling at a speed in excess of 25 miles per hour.
6 (c) Towed vehicles.--The emblem shall be required to be
7 displayed on a slow moving vehicle which is being towed on a
8 highway unless the towing vehicle displays the emblem in such a
9 manner as to be clearly visible from the rear.
10 § 4530. Portable emergency warning devices.
11 (a) General rule.--Every truck, truck-tractor and bus and
12 any motor vehicle towing a trailer shall carry at least three
13 portable emergency warning devices of a type specified by
14 regulations promulgated by the department. The regulations shall
15 be consistent with Motor Carrier Safety Regulations, Department
16 of Transportation, Federal Highway Administration, Bureau of
17 Motor Carrier Safety, section 393.95.
18 (b) When display required.--Whenever any vehicle of a type
19 referred to in subsection (a) is disabled or stopped for more
20 than ten minutes upon a roadway or shoulder outside of an urban
21 district, or upon any divided highway, the driver of the vehicle
22 shall display the portable warning devices of the type required
23 under subsection (a) in such manner as the department shall
24 direct by regulations.
25 § 4531. Emission control systems.
26 (a) Compliance with established maximum levels.--No vehicle
27 manufactured in compliance with the requirements of the Clean
28 Air Act (77 Stat.392, 42 U.S.C.A. § 1857), or any amendments or
29 supplements thereto, shall have emissions exceeding the maximum
30 permissible levels prescribed by law or by regulations
19750H1817B2873 - 247 -
1 promulgated by the department.
2 (b) Limitation or alteration of system.--No person shall
3 change or alter the emission control system of a vehicle in such
4 a manner that it fails to comply with the prescribed emissions
5 criteria. It is unlawful for the vehicle to be operated under
6 its own power until a reinspection at an official inspection
7 station establishes its full compliance.
8 § 4532. Smoke control for diesel-powered motor vehicles.
9 (a) Standards and inspection.--The department shall
10 promulgate regulations for the control of smoke from diesel-
11 powered motor vehicles prescribing standards, inspection
12 procedures and inspection equipment.
13 (b) Compliance with standards.--No person shall operate a
14 diesel-powered motor vehicle on a highway in such a manner that
15 the smoke emitted exceeds the standards established under this
16 section. Each day of operation in violation shall constitute a
17 separate offense under this subsection.
18 (c) Correction to avoid prosecution.--Any person arrested in
19 violation of this section shall, upon written notice, be given
20 the opportunity to correct the violation within 48 hours. If
21 sufficient proof of correction is furnished to the arresting
22 officer or his representative within 48 hours of the delivery of
23 the written notice, no prosecution of the violation shall be
24 brought.
25 (d) Limitation on alteration of system.--No person shall
26 intentionally change or alter a factory installed smoke control
27 system on any diesel-powered vehicle or its fuel system so as to
28 limit the ability of the system to control smoke, and no person
29 shall remove the smoke control system except for repair or
30 installation of a proper replacement.
19750H1817B2873 - 248 -
1 § 4533. Spray protection.
2 Every motor vehicle and combination operated on a highway
3 shall be equipped with fenders or other devices or be otherwise
4 constructed as to prevent water, dirt or other road substances
5 from being thrown from the rear wheels into following traffic.
6 § 4534. Rear-view mirrors.
7 No person shall operate a motor vehicle or combination on a
8 highway unless the vehicle or combination is equipped with at
9 least one mirror, or similar device, which provides the driver
10 an unobstructed view of the highway to the rear of the vehicle
11 or combination.
12 § 4535. Audible warning devices.
13 (a) General rule.--Every motor vehicle operated on a highway
14 shall be equipped with a horn or other audible warning device of
15 a type approved in regulations of the department.
16 (b) Certain sound devices prohibited.--Except as
17 specifically provided in this part or by regulations of the
18 department, no vehicle operated on a highway shall be equipped
19 with a siren, bell, whistle or any device emitting a similar
20 sound or any unreasonably loud or harsh sound.
21 § 4536. Bumpers.
22 No person shall operate any vehicle upon a highway without
23 bumpers of a type specified by regulations of the department in
24 both the front and rear unless the vehicle was originally
25 designed and manufactured to be used without bumpers.
26 SUBCHAPTER C
27 VEHICLES FOR TRANSPORTATION OF SCHOOL CHILDREN
28 Sec.
29 4551. Safety regulations.
30 4552. General requirements for school buses.
19750H1817B2873 - 249 -
1 4553. General requirements for other vehicles transporting
2 school children.
3 § 4551. Safety regulations.
4 (a) General rule.--All school buses and all other vehicles
5 used in the transportation of school children, owned by or under
6 contract with any school district or parochial or private
7 school, shall conform to standards prescribed by the department.
8 Regulations shall be promulgated by the department governing the
9 safe design, construction, equipment and operation of vehicles
10 engaged in the transportation of school children.
11 (b) Violation and penalty.--No person shall operate or
12 permit the operation of a vehicle of a type specified in this
13 subchapter which is not in compliance with the requirements of
14 this subchapter or applicable regulations issued under this
15 subchapter. Violation of this section constitutes a summary
16 offense punishable by a fine of not less than $50 nor more than
17 $100.
18 § 4552. General requirements for school buses.
19 (a) Color and identification.--Every school bus shall be of
20 a uniform color scheme and labeled "School bus" on both front
21 and rear as provided by regulation. Exterior labels and markings
22 other than those specifically required or permitted by law or
23 regulation shall be prohibited.
24 (b) Visual signals.--In addition to the applicable lighting
25 requirements of Chapter 43 (relating to lighting equipment)
26 every school bus shall be equipped with a uniform front and rear
27 system of red and amber visual signals for the warning and
28 control of traffic during route operations as provided in
29 section 3345 (relating to meeting or overtaking school buses)
30 and in regulations of the department.
19750H1817B2873 - 250 -
1 (c) Body construction.--Every school bus shall be designed
2 and constructed to provide a single, closed metal body with
3 adequate ventilation and an entrance door of adequate clearance
4 and safe design visible to and controlled only by the driver. At
5 least one emergency exit door of safe design and construction
6 and adequate labeling shall be located in or near the rear of
7 the school bus. All side windows shall be of a safe design which
8 will provide emergency egress for passengers.
9 (d) Seating.--Adequate seating space of safe design and
10 construction shall be provided for each passenger and no
11 passenger shall be carried for which adequate seating space is
12 not available and used.
13 (e) Visibility.--Every school bus shall be designed and
14 equipped so as to provide the driver with an unobstructed view
15 of any pedestrian in proximity to the vehicle.
16 (f) Emergency equipment.--Every school bus shall carry, in
17 good and usable condition, at least one fire extinguisher of
18 adequate size and type and such other emergency equipment as
19 regulations may prescribe.
20 (g) Emergency drills.--Each school district and the
21 administration of every private school within this Commonwealth
22 shall ensure, through adequate instruction and a minimum of two
23 actual drills each year, that every student is familiar with
24 school bus emergency procedures and equipment and safe loading
25 and unloading operations.
26 (h) Duty of department.--The department shall by regulation
27 adopt specific requirements implementing this section and any
28 additional requirements, not inconsistent with this section,
29 which will ensure the maximum safety of school children
30 furnished transportation. UNLESS REQUIRED BY FEDERAL LAW OR <--
19750H1817B2873 - 251 -
1 REGULATION, THE REGULATIONS ESTABLISHED BY THE DEPARTMENT SHALL
2 NOT REQUIRE VEHICLES WHICH PICK UP AND DISCHARGE SCHOOL CHILDREN
3 ONLY AT LOCATIONS OFF THE HIGHWAY TO BE OF ANY PARTICULAR COLOR
4 OR TO DISPLAY FLASHING RED AND AMBER LIGHTS.
5 § 4553. General requirements for other vehicles transporting
6 school children.
7 (a) Buses operated by urban mass transportation systems.--
8 Buses, other than school buses, operated by urban mass
9 transportation systems for the exclusive transportation of
10 school children shall comply with Federal safety standards and
11 such other safety regulations as the Pennsylvania Public Utility
12 Commission and the department shall provide for such buses.
13 (b) Other vehicles.--A motor vehicle used to transport
14 children to or from school or in connection with school
15 activities, which is not a school bus because of its limited
16 seating capacity, shall comply with regulations established by
17 the department for such vehicles. UNLESS REQUIRED BY FEDERAL LAW <--
18 OR REGULATION, THE REGULATIONS ESTABLISHED BY THE DEPARTMENT
19 SHALL NOT REQUIRE VEHICLES WHICH PICK UP AND DISCHARGE SCHOOL
20 CHILDREN ONLY AT LOCATIONS OFF THE HIGHWAY TO BE OF ANY
21 PARTICULAR COLOR TO DISPLAY FLASHING RED AND AMBER LIGHTS.
22 SUBSECTION D
23 EQUIPMENT OF AUTHORIZED AND EMERGENCY VEHICLES
24 Sec.
25 4571. Visual and audible signals on emergency vehicles.
26 4572. Visual signals on authorized vehicles.
27 § 4571. Visual and audible signals on emergency vehicles.
28 (a) General rule.--Every emergency vehicle shall be equipped
29 with one or more revolving or flashing red lights of sufficient
30 intensity to be visible in all directions at 500 feet in normal
19750H1817B2873 - 252 -
1 sunlight and an audible warning system of a type approved by the
2 department. POLICE VEHICLES AND FIRE EQUIPMENT MAY BE EQUIPPED <--
3 WITH A MOUNTED RACK CONTAINING ONE OR MORE EMERGENCY WARNING
4 LIGHTS OR SIDE MOUNTED ADJUSTABLE FLOOD LIGHTS, OR BOTH.
5 (b) Police vehicles in general.--Police vehicles may, in
6 addition to the requirements of subsection (a), be equipped with
7 approved revolving or flashing blue lights. The combination of
8 red and blue lights may be used only on police vehicles.
9 (c) Unmarked police vehicles.--An unmarked police vehicle
10 when used as an emergency vehicle and equipped with an approved
11 audible warning system may be equipped with the lights described
12 in subsections (a) and (b).
13 (d) Vehicles prohibited from using signals.--Except as
14 otherwise specifically provided in this part, no vehicle other
15 than an emergency vehicle may be equipped with lights or audible
16 warning systems identical or similar to those specified in
17 subsections (a) and (b).
18 (e) Authorized period of use.--The lights and warning
19 systems specified by this section may be used only during an
20 emergency or in the interest of public safety and by police
21 officers in enforcement of the law.
22 § 4572. Visual signals on authorized vehicles.
23 (a) Vehicles of ambulance and firefighting personnel <--
24 FLASHING OR REVOLVING BLUE LIGHTS.--Ambulance personnel, and <--
25 volunteer firefighters whose names appear on a list signed by <--
26 the chief of the ambulance or fire company, fire department or
27 hose company, and filed with the nearest station of the
28 Pennsylvania State Police, AND OWNERS AND HANDLERS OF DOGS USED <--
29 IN TRACKING HUMANS may each equip one motor vehicle with no more
30 than two flashing or revolving blue lights. The manner in which <--
19750H1817B2873 - 253 -
1 the lights are displayed and the intensity shall be determined
2 by regulation of the department. The driver shall be able to
3 operate the lights from inside the vehicle.
4 (1) IN ORDER TO BE ELIGIBLE TO DISPLAY LIGHTS ON THEIR <--
5 VEHICLES UNDER THIS SUBSECTION, THE NAMES OF THE AMBULANCE
6 PERSONNEL AND VOLUNTEER FIREFIGHTERS SHALL BE SUBMITTED TO
7 THE NEAREST STATION OF THE PENNSYLVANIA STATE POLICE ON A
8 LIST SIGNED BY THE CHIEF OF THE AMBULANCE OR FIRE DEPARTMENT
9 OR COMPANY AND EACH DOG OWNER AND HANDLER SHALL REGISTER AT
10 THE NEAREST PENNSYLVANIA STATE POLICE STATION.
11 (2) THE MANNER IN WHICH THE LIGHTS ARE DISPLAYED AND
12 THEIR INTENSITY SHALL BE DETERMINED BY REGULATION OF THE
13 DEPARTMENT.
14 (3) THE LIGHTS SHALL BE OPERABLE BY THE DRIVER FROM
15 INSIDE THE VEHICLE.
16 (1) (4) The lights may be used only while enroute to or <--
17 at the scene of a fire or emergency call.
18 (2) Blue (5) THE lights shall be removed from the <--
19 vehicle of a volunteer firefighter or ambulance personnel <--
20 within ten days of receipt of notice from the chief of a a <--
21 fire company, fire department or ambulance squad THE <--
22 AMBULANCE OR FIRE DEPARTMENT OR COMPANY to remove the light <--
23 LIGHTS upon termination of the person's status as an active <--
24 volunteer firefighter or ambulance personnel PERSON OR UPON <--
25 TERMINATION OF THE PERSON'S ACTIVE STATUS AS A DOG OWNER OR
26 HANDLER, or when the vehicle is no longer used in connection
27 with the person's duties as a volunteer firefighter or
28 ambulance personnel. PERSON OR DOG OWNER OR HANDLER. <--
29 (3) (6) This subsection does not relieve the driver from <--
30 the duty to drive with due regard for the safety of all
19750H1817B2873 - 254 -
1 persons nor exempt the driver from complying with all
2 provisions of this title.
3 (b) Other authorized vehicles FLASHING OR REVOLVING YELLOW <--
4 LIGHTS.--Vehicles authorized pursuant to the provisions of
5 section 6107 (relating to designation of authorized vehicles by
6 department) may be equipped with no more than two revolving or <--
7 flashing OR REVOLVING yellow lights. The manner in which the <--
8 light shall be displayed and the intensity shall be determined
9 by regulation of the department.
10 (c) Vehicles prohibited from using lights.--No vehicle other
11 than a duly authorized vehicle may be equipped with lights
12 identical or similar to those specified in subsections (a) and
13 (b).
14 CHAPTER 47
15 INSPECTION OF VEHICLES
16 Subchapter
17 A. Inspection Requirements
18 B. Official Inspection Stations
19 SUBCHAPTER A
20 INSPECTION REQUIREMENTS
21 Sec.
22 4701. Duty to comply with inspection laws.
23 4702. Requirement for periodic inspection of vehicles.
24 4703. Operation of vehicle without official certificate of
25 inspection.
26 4704. Notice by police officers of violation.
27 4705. Inspection of vehicles for transportation of school
28 children.
29 § 4701. Duty to comply with inspection laws.
30 No owner or driver shall refuse to submit a vehicle to any
19750H1817B2873 - 255 -
1 inspection and test that is authorized or required by the
2 provisions of this chapter.
3 § 4702. Requirement for periodic inspection of vehicle <--
4 VEHICLES. <--
5 (a) General rule.--Every vehicle registered in this
6 Commonwealth shall be inspected periodically SEMI-ANNUALLY ON A <--
7 SCHEDULE ESTABLISHED BY THE DEPARTMENT and an official
8 certificate of inspection and approval obtained for the vehicle.
9 The items of equipment and the method of inspection shall be in
10 accordance with regulations of the department.
11 (b) Inspection periods.-- Every vehicle shall be inspected <--
12 semi-annually on a schedule established by the department. One
13 semi-annual inspection period shall be scheduled so that the
14 renewed registration can be effectuated by inspection of the
15 vehicle, as provided in section 1307(c) (relating to renewal of
16 registration).
17 (c) (B) Inspection of vehicles reentering this <--
18 Commonwealth.--Owners of Pennsylvania registered vehicles which
19 have been outside of this Commonwealth continuously for 30 days
20 or more and which at the time of reentering this Commonwealth do
21 not bear a currently valid certificate of inspection and
22 approval shall, within five days of reentering this
23 Commonwealth, proceed to an official inspection station for an
24 inspection of the vehicle.
25 (d) (C) Extension of inspection period.--The department may, <--
26 by regulation, extend the time for any of the inspections
27 required by this chapter for not more than 60 30 days due to <--
28 weather conditions or other causes which render compliance with
29 the provisions of this chapter within the prescribed time
30 difficult or impossible.
19750H1817B2873 - 256 -
1 (e) (D) Exception.--This section does not apply to special <--
2 mobile equipment.
3 § 4703. Operation of vehicle without official certificate of
4 inspection.
5 (a) General rule.--No motor vehicle or trailer shall be
6 driven on a highway unless the vehicle displays a currently
7 valid certificate of inspection and approval.
8 (b) Exceptions.--Subsection (a) does not apply to any
9 vehicle while it is being towed to an official inspection
10 station nor to any vehicle while being operated by an owner or
11 employee of an official inspection station for the purpose of
12 inspection.
13 (c) Display of unauthorized certificate of inspection.--No
14 certificate of inspection and approval shall be displayed unless
15 an official inspection has been made and the vehicle is in
16 conformance with the provisions of this chapter.
17 (d) Authority of police.--Any police officer may stop any
18 motor vehicle or trailer and require the owner or operator to
19 display an official certificate of inspection and approval for
20 the vehicle being operated. A police officer may summarily
21 remove an unlawfully issued certificate of inspection from any
22 vehicle.
23 § 4704. Notice by police officers of violation.
24 (a) General rule.--Any police officer having probable cause
25 to believe that any vehicle, regardless of whether it is being
26 operated, is unsafe or not equipped as required by law may at
27 any time submit a written notice of the condition to the driver
28 of the vehicle or to the owner, or if neither is present, to an
29 adult occupant of the vehicle, or if the vehicle is unoccupied,
30 the notice shall be attached to the vehicle in a conspicuous
19750H1817B2873 - 257 -
1 place.
2 (1) If an item of equipment is broken or missing, the
3 notice shall specify the particulars of the condition and
4 require that the equipment be adjusted or repaired. Within
5 five days evidence must be submitted to the police that the
6 requirements for repair have been satisfied.
7 (2) If the police officer has probable cause to believe
8 that a vehicle is unsafe or not in proper repair, he may
9 require in the written notice that the car be inspected. The
10 owner or driver shall submit to the police within five days
11 of the date of notification certification from an official
12 inspection station that the vehicle has been restored to safe
13 operating condition in relation to the particulars specified
14 on the notice.
15 (3) After the expiration of the five-day period
16 specified in paragraphs (1) and (2), the vehicle shall not be
17 operated upon the highways of this Commonwealth until the
18 owner or driver has submitted to the police evidence of
19 compliance with the requirements of paragraph (1) or (2),
20 whichever is applicable.
21 (b) Operation prohibited if hazardous.--In the event a
22 vehicle, in the reasonable judgment of the officer, is in such
23 condition that further operation would be hazardous, the officer
24 may require that the vehicle not be operated under its own power
25 and may so stipulate in the notice given under subsection (a).
26 § 4705. Inspection of vehicles for transportation of school
27 children.
28 (a) State Police inspection.--The owner of every vehicle
29 which is to be used for the transportation of school children
30 shall, in addition to any other inspection required by this
19750H1817B2873 - 258 -
1 chapter, submit the vehicle to the Pennsylvania State Police
2 annually prior to operating the vehicle for the transportation
3 of school children during the school year, to determine whether
4 the vehicle conforms with the provisions of this chapter
5 including regulations promulgated by the department. If the
6 vehicle is in conformance, a certificate of inspection and
7 approval shall be issued by the Pennsylvania State Police.
8 (b) Display of certificate.--No vehicle requiring a
9 certificate of inspection under the provisions of this section
10 shall be operated without prominently displaying the
11 certificate, in the manner directed by the department, in
12 addition to any other certificate required by law, on any of the
13 highways of this Commonwealth.
14 SUBCHAPTER B
15 OFFICIAL INSPECTION STATIONS
16 Sec.
17 4721. Appointment of official inspection stations.
18 4722. Certificate of appointment.
19 4723. Certificate of appointment for inspecting fleet
20 vehicles.
21 4724. Suspension of certificates of appointment.
22 4725. Use of certificate of appointment at official inspection
23 stations.
24 4726. Certification of mechanics.
25 4727. Issuance of certificate of inspection.
26 4728. Display of certificate of inspection.
27 4729. Removal of certificate of inspection.
28 4730. Violations of use of certificate of inspection.
29 4731. Records of inspections and certificates issued.
30 4732. Inspection Advisory Board.
19750H1817B2873 - 259 -
1 § 4721. Appointment of official inspection stations.
2 For the purpose of establishing a system of official
3 inspection stations, the department shall issue certificates of
4 appointment to privately owned facilities that comply with the
5 requirements of this chapter and regulations adopted by the
6 department. The department shall issue instructions and all
7 necessary forms to such facilities. Official inspection stations
8 are authorized to inspect vehicles and issue official
9 certificates of inspection.
10 § 4722. Certificate of appointment.
11 (a) Application and issuance.--Application for a certificate
12 of appointment shall be made upon an official form and
13 accompanied by the appropriate fee. The certificate of
14 appointment shall be issued only when the department is
15 satisfied that the station is equipped properly and has
16 competent personnel to make inspections and adjustments and that
17 inspections will be conducted properly. Only those stations
18 fulfilling department requirements and complying with department
19 regulations shall be issued a certificate of appointment.
20 (b) Separate application for each place of business.--If the
21 applicant has or intends to have more than one place of business
22 within this Commonwealth, a separate application shall be made
23 for each place of business.
24 (c) Bond or proof of insurance.--Before issuing a
25 certificate of appointment the department shall require a bond
26 or proof of insurance to provide compensation for any damage to
27 a vehicle during an inspection or adjustment due to negligence
28 on the part of the applicant or its employees in such amount as
29 is deemed adequate by the department pursuant to department
30 regulations.
19750H1817B2873 - 260 -
1 § 4723. Certificate of appointment for inspecting fleet
2 vehicles.
3 The department may issue a certificate of appointment under
4 the provisions of this chapter to any person who owns or leases
5 15 or more vehicles and who meets the requirements of this
6 chapter and regulations adopted by the department. The
7 certificate of appointment may authorize inspection of only
8 those vehicles owned or leased by such person.
9 § 4724. Suspension of certificates of appointment.
10 (a) General rule.--The department shall supervise and
11 inspect official inspection stations and shall suspend the
12 certificate of appointment issued to a station which it finds is
13 not properly equipped or conducted or which has violated or
14 failed to comply with any of the provisions of this chapter or
15 regulations adopted by the department. The department shall
16 maintain a list of all stations holding certificates of
17 appointment and of those whose certificates of appointment have
18 been suspended. Any suspended certificate of appointment and all
19 unused certificates of inspection shall be returned immediately
20 to the department.
21 (b) Judicial review.--Any person whose certificate of
22 appointment has been denied or suspended under this chapter
23 shall have the right to file a petition within 30 days for a
24 hearing on the matter in the court of common pleas of the county
25 in which the inspection station is located. The court is hereby
26 vested with jurisdiction and it shall be its duty to set the
27 matter for hearing upon 30 days' written notice to the
28 department and to take testimony and examine into the facts of
29 the case and to determine whether the petitioner is entitled to
30 a certificate of appointment or is subject to suspension of the
19750H1817B2873 - 261 -
1 certificate of appointment under the provisions of this chapter.
2 § 4725. Use of certificate of appointment at official
3 inspection stations.
4 (a) General rule.--No person shall in any manner represent
5 any place as an official inspection station unless the station
6 is operating under a valid certificate of appointment issued by
7 the department.
8 (b) Transfer, use and posting.--No certificate of
9 appointment for any official inspection station shall be
10 assigned or transferred or used at any location other than the
11 one designated in the certificate. The certificate of
12 appointment shall be posted in a conspicuous place at such
13 location.
14 (c) Penalty.--Any person violating this section for the
15 first time is guilty of a summary offense and shall, upon
16 conviction, be sentenced to pay a fine of $100. Any subsequent
17 violation of this section constitutes a misdemeanor of the third
18 degree punishable by a fine of not less than $500.
19 § 4726. Certification of mechanics.
20 No mechanic shall conduct motor vehicle inspections at an
21 official inspection station unless certified as to training,
22 qualifications and competence by the department according to
23 department regulations. No official inspection station
24 appointment shall be issued or renewed unless a certified
25 official inspection mechanic is there employed.
26 § 4727. Issuance of certificate of inspection.
27 (a) Requirements prior to inspection.--No vehicle shall be
28 inspected unless it is duly registered AND the registration card <--
29 signed by the registrant and the required no-fault and liability <--
30 insurance information on the registration card found to
19750H1817B2873 - 262 -
1 correspond with the proof of insurance. IS SIGNED AND CONTAINS <--
2 THE INFORMATION REQUIRED BY SECTION 1311(A) (RELATING TO
3 REGISTRATION CARD TO BE SIGNED AND EXHIBITED ON DEMAND).
4 (b) Requirements for issuance of certificate.--An official
5 certificate of inspection shall not be issued unless the vehicle
6 is inspected and found to be in compliance with the provisions
7 of this chapter including any regulations promulgated by the
8 department. Notation of the odometer reading shall be included
9 on the certificate of inspection.
10 § 4728. Display of certificate of inspection.
11 The appropriate inspection certificate shall be affixed to
12 the rear window of the vehicle, or as specified in regulations
13 adopted by the department.
14 § 4729. Removal of certificate of inspection.
15 No certificate of inspection shall be removed from a vehicle
16 for which the certificate was issued except to replace it with a
17 new certificate of inspection issued in accordance with the
18 provisions of this chapter or as follows:
19 (1) The police officer may remove an inspection
20 certificate in accordance with the provisions of section
21 4703(d) (relating to operation of vehicle without official
22 certificate of inspection).
23 (2) A person replacing a windshield or repairing a
24 windshield in such a manner as to require removal of an
25 inspection sticker shall destroy the inspection sticker.
26 (3) A salvor shall remove and destroy the inspection
27 certificate on every vehicle in his possession except
28 vehicles used in the operation of the business of the salvor.
29 § 4730. Violations of use of certificate of inspection.
30 (a) General rule.--No person shall:
19750H1817B2873 - 263 -
1 (1) make, issue, transfer or possess any imitation or
2 counterfeit of an official certificate of inspection; or
3 (2) display or cause to be displayed on any vehicle or
4 have in possession any certificate of inspection knowing the
5 same to be fictitious or stolen or issued for another vehicle
6 or issued without an inspection having been made.
7 (b) Unauthorized use by official inspection station.--No
8 official inspection station shall furnish, loan, give or sell
9 certificates of inspection and approval to any other official
10 inspection station or any other person except upon an inspection
11 made in accordance with the requirements of this chapter.
12 (c) Penalty.--A first offense of violating the provisions of
13 this section constitutes a summary offense punishable by a fine
14 of $100. A second or subsequent offense constitutes a
15 misdemeanor of the third degree.
16 § 4731. Records of inspections and certificates issued.
17 A record shall be made of every inspection and every
18 certificate issued and the record shall be forwarded to the
19 department in the manner and at the time the department shall
20 specify by regulation. An official inspection station and its
21 records shall be open for inspection by any police officer or
22 authorized department employee.
23 § 4732. Inspection Advisory Board.
24 (a) Membership.--There shall be an Inspection Advisory Board
25 consisting of nine members appointed by the department <--
26 SECRETARY. The board shall be composed of an authorized <--
27 representative of the department and representatives of the
28 automotive industry and the public, as follows: a new car
29 dealer, a used car dealer, a fleet owner, a certified mechanic,
30 a service station operator, a parts and equipment wholesale, and <--
19750H1817B2873 - 264 -
1 two members AN INDEPENDENT REPAIR SHOP OPERATOR AND ONE MEMBER <--
2 of the general public who are licensed drivers. IS A LICENSED <--
3 DRIVER.
4 (b) Duties.--The board shall advise the department and
5 review regulations proposed by the department concerning
6 inspection requirements and operation of official inspection
7 stations.
8 CHAPTER 49
9 SIZE, WEIGHT AND LOAD
10 Subchapter
11 A. General Provisions
12 B. Width, Height and Length
13 C. Maximum Weights of Vehicles
14 D. Special Permits for Excessive Size and Weight
15 E. Measuring and Adjusting Vehicle Size and Weight
16 SUBCHAPTER A
17 GENERAL PROVISIONS
18 Sec.
19 4901. Scope and application of chapter.
20 4902. Restrictions on use of highways and bridges.
21 4903. Securing loads in vehicles.
22 4904. Limits on number of towed vehicles.
23 4905. Safety requirements for towed vehicles.
24 4906. Fire apparatus.
25 4907. Penalty for violation of chapter.
26 § 4901. Scope and application of chapter.
27 (a) General rule.--It is unlawful for any person to drive or
28 move, or for the owner to cause or permit to be driven or moved,
29 on any highway any vehicle or vehicles of a size or weight
30 exceeding the limitations provided in this chapter or any
19750H1817B2873 - 265 -
1 vehicle or vehicles which are not so constructed or equipped as
2 required in this title or the regulations of the department.
3 (b) Limitations on local regulation.--The maximum size and
4 weight of vehicles specified in this chapter shall govern
5 throughout this Commonwealth and local authorities shall have no
6 power or authority to alter these limitations except as express
7 authority may be granted in this title.
8 (c) Permit authorizing prohibited movement.--If an
9 overweight or oversize movement cannot be made in any other
10 feasible manner, the permit may authorize the movement to be
11 made in contravention to any provision of this title provided
12 that:
13 (1) the department or local authority determines that
14 the movement is in the public interest; and
15 (2) the movement is escorted by the Pennsylvania State
16 Police or department personnel while any provision of this
17 title is being contravened.
18 § 4902. Restrictions on use of highways and bridges.
19 (a) General rule.--The department and local authorities with
20 respect to highways and bridges under their jurisdictions may
21 prohibit the operation of vehicles and may impose restrictions
22 as to the weight or size of vehicles operated upon a highway or
23 bridge whenever the highway or bridge, by reason of
24 deterioration or rain, snow or other climatic conditions, may be
25 damaged or destroyed unless the use of vehicles is prohibited or
26 the permissible weights reduced.
27 (b) Permit with bond.--The department and local authorities
28 may issue permits for movement of vehicles of size and weight in
29 excess of the restrictions promulgated under subsection (a) with
30 respect to highways and bridges under their jurisdiction,
19750H1817B2873 - 266 -
1 conditioned upon the execution of a surety bond by the user in
2 favor of the department or local authorities to cover the cost
3 of repairs necessitated by the movement.
4 (c) Restrictions from traffic conditions.--The department
5 and local authorities with respect to highways and bridges under
6 their jurisdictions may prohibit the operation of vehicles and
7 may impose restrictions as to the weight or size of vehicles
8 operated upon a highway or bridge by reason of hazardous traffic
9 conditions or other safety factors.
10 (d) Erection of signs.--The department and the local
11 authorities shall erect or cause to be erected and maintained
12 signs designating the restrictions at each end of that portion
13 of any highway or bridge restricted as provided in subsections
14 (a) and (c). The restrictions shall not be effective unless
15 signs are erected and maintained in accordance with this
16 subsection.
17 § 4903. Securing loads in vehicles.
18 (a) General rule.--No vehicle shall be driven or moved on
19 any highway unless the vehicle is so constructed or loaded as to
20 prevent any of its load from dropping, sifting, leaking or
21 otherwise escaping.
22 (b) Fastening load.--Every load on a vehicle shall be
23 fastened so as to prevent the load or covering from becoming
24 loose, detached or in any manner a hazard to other users of the
25 highway.
26 (C) LOAD OF LOGS.--EVERY LOAD OF LOGS ON A VEHICLE SHALL BE <--
27 SECURELY FASTENED WITH AT LEAST THREE BINDERS, CHAINS OR STRAPS
28 AND, IN THE CASE OF AN OPEN-BODY OR STAKE-BODY VEHICLE, TRAILER
29 OR SEMI-TRAILER THERE SHALL BE A SUFFICIENT NUMBER OF VERTICAL
30 METAL STAKES OR POSTS SECURELY ATTACHED ON EACH SIDE OF THE
19750H1817B2873 - 267 -
1 VEHICLE, TRAILER OR SEMI-TRAILER AT LEAST AS HIGH AS THE TOP OF
2 THE LOAD TO SECURE SUCH LOAD IN THE EVENT OF A FAILURE OF THE
3 BINDERS, CHAINS OR STRAPS.
4 (c) (D) Establishment of standards for fastening devices.-- <--
5 The department may promulgate regulations establishing minimum
6 standards governing types and numbers of devices to be used in
7 securing loads to prevent spillage and leakage of a load while
8 in transit.
9 (d) (E) Exceptions.--This section does not prohibit: <--
10 (1) the necessary spreading of any substance in highway
11 maintenance or construction operations; or
12 (2) the shedding or dropping of feathers or other matter
13 from vehicles hauling live birds or animals.
14 § 4904. Limits on number of towed vehicles.
15 (a) General rule.--No motor vehicle shall be operated upon a
16 highway towing more than one other vehicle except as otherwise
17 provided in this section.
18 (b) Farm tractors.--Farm tractors may tow no more than two
19 other vehicles when engaged in agricultural operations.
20 (c) Towing vehicles requiring service.--A dolly not
21 exceeding ten feet in length may be towed by a motor vehicle for
22 the purpose of towing another vehicle requiring service.
23 (d) Driveaway-towaway operations.--Not more than two truck-
24 tractors, empty trucks or chassis therefor, may be towed by a
25 truck-tractor, truck or the chassis thereof, provided that only
26 the rear wheels of the drawn vehicles shall touch the road
27 surface.
28 § 4905. Safety requirements for towed vehicles.
29 (a) Connecting devices and distances.--When one vehicle is
30 towing another, the connection shall be of sufficient strength
19750H1817B2873 - 268 -
1 to pull all weight towed. The distance between the vehicles
2 shall not exceed 15 feet except between any two vehicles
3 transporting poles, pipes, machinery or other objects of a
4 structural nature such that they cannot readily be dismembered.
5 (b) Red flags and lights.--If the distance between the
6 vehicles exceeds five feet, a red flag or cloth not less than 12
7 inches square shall be displayed upon the connection centered
8 between the vehicles. During hours of darkness a red light shall
9 be displayed at the same position in lieu of the flag or cloth.
10 (c) Deflection of trailer wheels.--Every trailer shall be
11 attached to the vehicle drawing it so as to prevent the wheels
12 of the trailer from deflecting more than six inches from the
13 path of the drawing vehicle's wheels.
14 (d) Safety chains.--Whenever two vehicles are connected by a
15 ball-and-socket type hitch, or pintle hook without a locking
16 device, they shall also be connected by two safety chains of
17 equal length, each safety chain having an ultimate strength at
18 least equal to the gross weight of the towed vehicles. The
19 safety chains shall be crossed and connected to the towed and
20 towing vehicle and to the tow bar so as to prevent the tow bar
21 from dropping to the ground in the event the tow bar fails or
22 becomes disconnected. The safety chains shall have no more slack
23 than is necessary to permit proper turning.
24 (e) Obstructed lighting equipment.--Whenever the rear
25 running lights, stop lights, turn signals or hazard warning
26 lights required by the provisions of Chapter 43 (relating to
27 lighting equipment) are obstructed by the load on a vehicle or
28 by a towed vehicle or its load, lighting equipment shall be
29 displayed on the rear of the towed vehicle or load equivalent to
30 the obstructed lights or signals.
19750H1817B2873 - 269 -
1 § 4906. Fire apparatus.
2 This chapter does not apply to fire apparatus unless
3 specifically provided otherwise.
4 § 4907. Penalty for violation of chapter.
5 Any person violating any provision of this chapter for which
6 a penalty is not otherwise provided is guilty of a summary
7 offense and shall, upon conviction, be sentenced to pay a fine
8 of not less than $50 nor more than $100.
9 SUBCHAPTER B
10 WIDTH, HEIGHT AND LENGTH
11 Sec.
12 4921. Width of vehicles.
13 4922. Height of vehicles.
14 4923. Length of vehicles.
15 4924. Limitations on length of projecting loads.
16 4925. Width of projecting loads on passenger vehicles.
17 § 4921. Width of vehicles.
18 (a) General rule.--The total outside width of a vehicle,
19 including any load, shall not exceed eight feet, excluding any
20 necessary mirrors or lights, except as otherwise provided in
21 this section.
22 (b) Farm vehicles.--
23 (1) Any implement of husbandry or vehicle loaded with
24 vegetable produce or forage crops in bulk and not exceeding <--
25 ten feet in width may operate between sunrise and sunset on
26 highways other than freeways.
27 (2) Any implement of husbandry not exceeding 14 feet 6 <--
28 inches 12 FEET in width may be operated, hauled or towed <--
29 between sunrise and sunset on highways other than freeways if
30 the movement is limited to a radius of 25 FIVE miles from the <--
19750H1817B2873 - 270 -
1 home or farm of the owner, or from the place of business of a
2 dealer in implements of husbandry.
3 (c) Buses.--Any bus operated wholly within a municipality,
4 where permitted by the municipality, or in more than one
5 municipality, where approved by the Public Utility Commission,
6 may have a total outside width not to exceed eight feet six
7 inches when operated upon a highway having traffic-lane widths
8 of not less than ten feet. This exception SUBSECTION does not <--
9 apply on the National System of Interstate and Defense Highways.
10 (d) Nondivisible loads.--Vehicles carrying nondivisible
11 loads not exceeding eight feet six inches in width may operate
12 on any highway having a roadway width of 20 feet or more. THIS <--
13 SUBSECTION DOES NOT APPLY ON THE NATIONAL SYSTEM OF INTERSTATE
14 AND DEFENSE HIGHWAYS.
15 (e) Exceptions.--The provisions of this subchapter governing
16 the width of vehicles do not apply to street sweepers and snow
17 removal equipment.
18 § 4922. Height of vehicles.
19 (a) General rule.--No vehicle, including any load, shall
20 exceed a height of 13 feet 6 inches. This provision shall not be
21 construed to require public authorities to provide sufficient
22 vertical clearance to permit the operation of such vehicles.
23 (b) Buses.--Any bus operated wholly within a municipality,
24 where permitted by the municipality, or in more than one
25 municipality, where approved by the Public Utility Commission,
26 may be of a total height, including load, not to exceed 14 feet
27 6 inches.
28 (c) Exceptions.--The provisions of this subchapter governing
29 the height of vehicles do not apply to fire apparatus or to
30 vehicles used exclusively to repair overhead lights and wires.
19750H1817B2873 - 271 -
1 § 4923. Length of vehicles.
2 (a) General rule.--No motor vehicle, including any load and
3 bumpers, shall exceed an overall length of 40 feet, and no
4 combination, including any load and bumpers, shall exceed an
5 over-all length of 55 feet.
6 (b) Exceptions.--The limitations of (a) do not apply to the
7 following:
8 (1) Any motor vehicle equipped with a boom or boom-like
9 device which IF THE VEHICLE does not exceed 55 feet. <--
10 (2) The load on a combination designed exclusively for
11 carrying motor vehicles if the overall length of the
12 combination and loan LOAD does not exceed 60 feet. <--
13 (3) Any combination transporting articles which do not
14 exceed 70 feet in length and are nondivisible as to length.
15 § 4924. Limitations on length of projecting loads.
16 (a) General rule.--Subject to the provisions of this
17 subchapter limiting the length of vehicles and loads, the load
18 upon any vehicle or the load upon the front vehicle of a
19 combination of vehicles shall not extend more than three feet
20 beyond the foremost part of the vehicle, and the load upon any
21 vehicle operated alone or the load, other than a non-divisible
22 load, upon the rear vehicle of a combination shall not extend
23 more than six feet beyond the rear of the bed or body of such
24 vehicle.
25 (b) Red flags and lights.--If the load on any vehicle
26 extends more than four feet beyond the rear of the vehicle, a
27 red flag or cloth not less than 12 inches square shall be
28 displayed at the end of the load. During hours of darkness, a
29 red light shall be displayed in the same position in lieu of the
30 flag or cloth.
19750H1817B2873 - 272 -
1 (c) Compliance with maximum length limitations.--Subsection
2 (a) does not permit loads to exceed the maximum limits set forth
3 in section 4923 (relating to length of vehicles).
4 § 4925. Width of projecting loads on passenger vehicles.
5 (a) General rule.--No passenger-type vehicle shall be
6 operated on any highway with a load extending beyond the left
7 side of the vehicle nor extending more than 12 inches beyond the
8 right side of the vehicle.
9 (b) Exception.--This section does not apply to emergency
10 vehicles.
11 SUBCHAPTER C
12 MAXIMUM WEIGHTS OF VEHICLES
13 Sec.
14 4941. Maximum gross weight of vehicles.
15 4942. Registered gross weight.
16 4943. Maximum axle weight of vehicles.
17 4944. Maximum wheel and tire loads LOAD. <--
18 4945. Penalties for exceeding maximum weights.
19 4946. Impoundment of vehicles for nonpayment of overweight
20 fines.
21 4947. Disposition of impounded vehicles and loads.
22 4948. Maximum weight and seating capacity of buses.
23 § 4941. Maximum gross weight of vehicles.
24 (a) General rule.--No vehicle or combination shall, when
25 operated upon a highway, have a gross weight exceeding 73,280
26 pounds.
27 (b) Combination of vehicles.--No combination shall, when
28 operated upon a highway, have a gross weight exceeding the
29 following:
30 Maximum
19750H1817B2873 - 273 -
1 Combination of vehicles Gross Weight
2 In Pounds
3 Two-axle truck-tractor & single-axle semitrailer 50,000
4 Two-axle truck-tractor & two-axle semitrailer 60,000
5 Three-axle truck-tractor & single-axle semitrailer 60,000
6 Two-axle truck & two-axle trailer 62,000
7 § 4942. Registered gross weight.
8 (a) Single vehicle limits.--No vehicle registered as a
9 truck, a combination or a trailer shall be operated with a gross
10 weight in excess of its registered gross weight.
11 (b) Truck towing trailer.--No vehicle registered as a truck
12 shall be operated with a gross weight, exclusive of any trailer
13 being towed, in excess of its registered gross weight as a
14 truck.
15 (c) Combination.--No combination CONTAINING A TRAILER HAVING <--
16 A REGISTERED GROSS WEIGHT IN EXCESS OF 10,000 POUNDS shall be
17 operated with a gross weight in excess of the registered gross
18 weight of the truck or truck-tractor for a combination.
19 § 4943. Maximum axle weight of vehicles.
20 (a) General rule.--No motor vehicle or combination shall,
21 when operated upon a highway, have a weight upon each of two
22 adjacent axles in excess of the following:
23 If the Center-to-Center Maximum Axle Weight in Pounds Upon:
24 Distance Between Two
25 Adjacent Axles is: One of Two Other of Two
26 Adjacent Axles Adjacent Axles
27 Under 6 feet 18,000 18,000
28 6 to 8 feet 18,000 22,400
29 Over 8 feet 22,400 22,400
30 (b) Location of front axle of semitrailer.--No semitrailer,
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1 originally in this Commonwealth on or after September 1, 1973,
2 and having two or more axles, shall be operated upon a highway
3 unless the foremost axle of the semitrailer is at least 12 feet
4 from the rearmost axle of the towing vehicle.
5 § 4944. Maximum wheel and tire loads LOAD. <--
6 (a) Wheels.--No motor vehicle or combination shall, when <--
7 operated upon a highway, have a weight upon any one wheel in
8 excess of 800 pounds for each nominal inch of width on the
9 wheel.
10 (b) Tires.--No motor vehicle or combination shall be <--
11 operated on a highway with a weight on any tire in excess of the
12 weight specified for the tire at its measured cold inflation
13 pressure in any of the publications listed in Federal Motor
14 Vehicle Safety Standard No. 119 (49 C.F.R. 571.119). In no case
15 shall any tire be loaded beyond or inflated above the maximum
16 load rating and inflation pressure marked on its side wall in
17 accordance with Federal Motor Vehicle Safety Standard No. 119.
18 § 4945. Penalties for exceeding maximum weights.
19 (a) Gross weight violations.--Any person operating a vehicle
20 or combination upon a highway exceeding the maximum gross weight
21 allowed by section 4941 (relating to maximum gross weight of
22 vehicles) or the registered gross weight allowed by section 4942
23 (relating to registered gross weight), whichever is less, is
24 guilty of a summary offense and shall, upon conviction, be
25 sentenced to pay a fine of $100 plus $100 $75 PLUS $75 for each <--
26 additional 500 pounds, or part thereof, over IN EXCESS OF 3,000 <--
27 pounds OVER THE MAXIMUM OR REGISTERED GROSS WEIGHT ALLOWED. If <--
28 the gross weight of any vehicle or combination exceeds 73,280
29 pounds, the fine shall be double the amount for other weight
30 violations.
19750H1817B2873 - 275 -
1 (b) Axle weight violation.--Subject to the provisions of
2 section 4982(c) (relating to reducing or readjusting loads of
3 vehicles), any person operating a vehicle or combination with a
4 weight on an axle or pair of axles exceeding the maximum axle
5 weights allowed by section 4943 (relating to maximum axle weight
6 of vehicles) is guilty of a summary offense and shall, upon
7 conviction, be sentenced to pay a fine of $100 plus an <--
8 additional $100 for each 500 pounds, or part thereof, in excess
9 of 2,000 pounds OVER THE MAXIMUM AXLE WEIGHTS ALLOWED. <--
10 (c) Wheel weight violation.--Any person operating a vehicle
11 or combination upon a highway exceeding the maximum wheel weight
12 allowed by section 4944 (relating to maximum wheel and tire <--
13 loads LOAD) is guilty of a summary offense and shall, upon <--
14 conviction, be sentenced to pay a fine of $100 plus an <--
15 additional $100 for each 500 200 pounds, or part thereof, in <--
16 excess of 1,000 200 pounds OVER THE MAXIMUM WHEEL WEIGHT <--
17 ALLOWED.
18 (d) Concurrent violations.--In any case in which there are
19 concurrent violations of more than one of the sections or
20 subsections of this subchapter prescribing maximum weights, the
21 only penalty imposed shall be for violation of that section or
22 subsection which produces the greatest fine.
23 § 4946. Impoundment of vehicles for nonpayment of overweight
24 fines.
25 (a) General rule.--On default of payment of any fine and
26 costs of prosecution imposed pursuant to section 4945 (relating
27 to penalties for exceeding maximum weights), the issuing
28 authority shall impound the vehicle or combination and order a
29 police officer to seize them.
30 (b) Storage and costs.--The issuing authority shall
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1 forthwith notify the sheriff of the county in which the
2 violation occurred, who shall store the impounded vehicle or
3 combination. The sheriff's costs, reasonable storage costs and
4 all other reasonable costs incident to impounding shall be
5 recoverable in addition to costs of prosecution.
6 (c) Notice of impoundment.--The sheriff shall give immediate
7 notice by the most expeditious means and by certified mail,
8 return receipt requested, of the impoundment and location of the
9 vehicle or combination to the owner of the vehicle or
10 combination and to the owner of the load if the names and
11 addresses of the owner are known or can be ascertained by the
12 sheriff.
13 § 4947. Disposition of impounded vehicles and loads.
14 (a) Rights of owner of load.--The title to the load on an
15 impounded vehicle or combination remains in the owner who may
16 repossess the load at any time upon presentation of proof of
17 ownership to the sheriff. If the load spoils during impoundment
18 the loss shall be on the owner subject to any right of recovery
19 of damages that the owner may have against the owner of the
20 vehicle or combination or against any other party, and the costs
21 of disposition of the load shall be recoverable in addition to
22 the costs of prosecution.
23 (b) Sale of unclaimed vehicle or load.--In case any
24 impounded vehicle or combination is unredeemed, or the load is
25 unclaimed, for a period of 60 days after notice of impoundment
26 is given, it shall be sold at a public sale by the sheriff upon
27 order of the issuing authority and after ten days notice of sale
28 to the owners, lienholders or secured parties of the vehicle or
29 load except that if the sheriff determines it to be necessary to
30 preserve their value, goods which may spoil may be sold in any
19750H1817B2873 - 277 -
1 commercially reasonable manner prior to expiration of the 60 day
2 period and, if impractical to do so, without giving notice to
3 the owners, lienholders or secured parties.
4 (c) Disposition of proceeds of sale.--The proceeds of sale
5 shall first be applied to the payment of the fine and costs, and
6 secondly, to the payment of the encumbrances. The balance shall
7 be remitted to the owner.
8 § 4948. Maximum weight and seating capacity of buses.
9 (a) Gross, axle and wheel weights.--No bus shall be operated
10 upon any highway with a gross weight in excess of 40,000 pounds,
11 or in excess of 20,000 pounds on any axle, or in excess of 800
12 pounds on any one wheel for each nominal inch of width of tire
13 on the wheel.
14 (b) Seating capacity load.--A bus shall not be operated on a
15 highway with a load exceeding by more than 25% its registered
16 seating capacity except when operated within a business or
17 residence district. A child under the age of six years shall not
18 be counted when computing the load on the bus.
19 (c) Penalties.--Any person owning or operating a bus with a
20 gross weight or with weight on any axle or wheel exceeding by
21 more than 5% the maximum allowed in subsection (a) is guilty of
22 a summary offense and shall, upon conviction, be sentenced to
23 pay a fine of $100. If the excess weight is more than 10% above
24 the maximum weight allowed, the fine shall be $300. Any person
25 in violation of subsection (b) is guilty of a summary offense
26 and shall, upon conviction, be sentenced to pay a fine of not
27 less than $50 nor more than $100.
28 SUBCHAPTER D
29 SPECIAL PERMITS FOR EXCESSIVE SIZE AND WEIGHT
30 Sec.
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1 4961. Authority to issue permits.
2 4962. Conditions of permits and security for damages.
3 4963. Exemptions for vehicles used in State highway
4 construction.
5 4964. Oral authorization following emergency or accident.
6 4965. Single permits for multiple highway crossings.
7 4966. Permit for movement of quarry equipment.
8 4967. Permit for movement of implements of husbandry.
9 4968. Permit for movement of equipment being manufactured.
10 § 4961. Authority to issue permits.
11 (a) General rule.--The department and local authorities with
12 respect to highways under their respective jurisdictions may,
13 upon application in writing showing good cause, issue special
14 permits in writing authorizing the applicant to operate or move
15 on specified highways a combination exceeding the maximum size <--
16 specified in Subchapter B (relating to width, height and length)
17 and the maximum weight specified in section 4941(a) (relating to
18 maximum gross weight of vehicles) or authorizing the movement of
19 a mobile home. ANY OF THE FOLLOWING: <--
20 (1) A VEHICLE WHICH WHEN UNLOADED EXCEEDS THE MAXIMUM
21 SIZE SPECIFIED IN SUBCHAPTER B (RELATING TO WIDTH, HEIGHT AND
22 LENGTH) OR THE MAXIMUM WEIGHT SPECIFIED IN SECTION 4941(A)
23 (RELATING TO MAXIMUM GROSS WEIGHT OF VEHICLES).
24 (2) A COMBINATION CARRYING A NONDIVISIBLE LOAD AND
25 EXCEEDING THE MAXIMUM SIZE SPECIFIED IN SUBCHAPTER B OF THE
26 MAXIMUM WEIGHT SPECIFIED IN SECTION 4941(A).
27 (3) A VEHICLE CONTAINING A NONDIVISIBLE LOAD WHICH
28 EXCEEDS THE MAXIMUM WIDTH SPECIFIED IN SECTION 4921(A)
29 (RELATING TO WIDTH OF VEHICLES).
30 (4) A MOBILE HOME.
19750H1817B2873 - 279 -
1 (B) LIMITATION FOR TRUCK-TRACTORS.--Permits to exceed the
2 maximum weight limit shall only be issued ONLY for truck- <--
3 tractors registered at the maximum weight permitted under
4 section 4941.
5 (b) (C) County offices for issuing permits.--The department <--
6 shall empower an authorized representative or employee in each
7 county to issue permits as provided in subsection (a) and shall
8 provide a place within each county where the permits may be
9 issued.
10 § 4962. Conditions of permits and security for damages.
11 (a) General rule.--Permits may be conditioned by limiting
12 the number of trips or by establishing seasonal or other time
13 limitations or geographic limitations including limitations as
14 to prescribed highways or by otherwise limiting or prescribing
15 conditions of operation under the permit as the department or
16 local authorities shall deem necessary to protect the safety of
17 highway users, to promote the efficient movement of traffic or
18 to protect the highways. The department or local authorities may
19 require such undertaking or security as they deem necessary to
20 compensate for any damage to any highway or structure or
21 appurtenance.
22 (b) Display of permit.--Every permit shall be carried in the
23 towing vehicle and shall be open to inspection by any police
24 officer or authorized agent of the issuing agency or any person
25 having an accident involving a permitted vehicle or combination.
26 (c) Revocation of permit.--A permit shall be revocable for
27 cause.
28 (d) Special escort services.--The department or local
29 authorities shall specify what movements require special escort
30 services of the Pennsylvania State Police or department
19750H1817B2873 - 280 -
1 personnel.
2 (e) Liability of permittee for damage.--The permittee shall
3 be liable for all damage to any highway structure or
4 appurtenance sustained as a result of operating or moving under
5 the permit.
6 § 4963. Exemptions for vehicles used in State highway
7 construction.
8 No special permit shall be required for movement across, upon
9 or along State or State-aid highways for oversize or overweight
10 vehicles of a contractor used for the construction or
11 improvement of such highways.
12 § 4964. Oral authorization following emergency or accident.
13 In the event of an emergency or accident affecting the public
14 safety or convenience, the department and local authorities may
15 orally authorize the operation or movement of a combination
16 which exceeds the maximum size or weight specified in this
17 chapter provided a permit is applied for within 72 hours of the
18 operation or movement.
19 § 4965. Single permits for multiple highway crossings.
20 A single permit may be issued for any fixed A number of <--
21 movements across the highway at specified locations of WITHIN A <--
22 FIXED PERIOD OF TIME OF VEHICLES OR combinations exceeding the
23 maximum size or weight specified in this chapter. Whenever a
24 permit is issued for crossing the highway, it is unlawful to
25 move the vehicles along the highway.
26 § 4966. Permit for movement of quarry equipment.
27 A permit may be issued for a period of one year for the
28 movement of a piece of quarry equipment or machinery exceeding
29 the maximum size or weight specified in this chapter across any
30 highway from one part of a quarry to another, or upon the
19750H1817B2873 - 281 -
1 highways connecting by the most direct route any quarries or
2 portions of quarries under single ownership or operation, but no
3 permit shall be issued for the movement of equipment or
4 machinery for a distance greater than one-half mile.
5 § 4967. Permit for movement of implements of husbandry.
6 A permit may be issued for a period of not more than one year
7 for the operation or movement between sunrise and sunset of one
8 or more oversized implements of husbandry which do not exceed 14
9 feet 6 inches in width if the movement is limited to a radius of
10 25 miles from the dealer's place of business or owner's home or
11 farm. No permit shall be issued for the movement of any
12 implement of husbandry with a width in excess of eight feet upon
13 a freeway.
14 § 4968. Permit for movement of equipment being manufactured.
15 A permit may be issued for a period of not more than one year
16 authorizing the manufacturer of boats, house trailers MOBILE <--
17 HOMES, helicopters or other articles or combinations not
18 normally used on highways to move articles which exceed the
19 maximum height, width or length specified in Subchapter B
20 (relating to width, height and length) while they are in the
21 course of manufacture and while they are entirely within the
22 control of the manufacturer and not in transit from the
23 manufacturer to a purchaser or dealer. A permit shall not be
24 issued for the movement of articles upon a freeway nor in excess
25 of ten miles.
26 SUBCHAPTER E
27 MEASURING AND ADJUSTING VEHICLE SIZE AND WEIGHT
28 Sec.
29 4981. Weighing and measurement of vehicles.
30 4982. Reducing or readjusting loads of vehicles.
19750H1817B2873 - 282 -
1 4983. Penalty for violation of subchapter.
2 § 4981. Weighing and measurement of vehicles.
3 (a) Authority of police officer.--Any police officer is
4 authorized to require the driver of any vehicle or combination
5 to stop and submit the vehicle or combination to be measured and
6 weighed. Weighing may be done by using either portable or
7 stationary scales. The measurement and weighing shall be
8 conducted by qualified personnel who have been trained in the
9 use of weighing and measuring equipment in a training program
10 approved by the department. A police officer may require that a
11 vehicle or combination be driven to the nearest stationary
12 scales if the scales are within two miles.
13 (b) Stationary scales on freeways.--The department, in
14 cooperation with the Pennsylvania State Police, shall maintain
15 on freeways at points which it deems necessary stationary scales
16 and other equipment for detecting violations of the size and
17 weight limitations prescribed by this chapter.
18 (c) Weighing of wheels or axles.--If a vehicle is weighed in
19 multiple drafts, or if only a single wheel or axle or pair of
20 axles is weighed, a tolerance of 1% shall be allowed.
21 (d) Re-weighing at request of driver or owner.--Whenever
22 scales operated by other than the department indicate that a
23 vehicle, wheel, axle or pair of axles is overweight, the driver
24 or owner may elect to have the vehicle re-weighed on the nearest
25 available official scales which have been sealed by the State
26 Bureau of Standard Weights and Measures. The lower reading of
27 the two scales shall determine whether charges shall be filed
28 under this section.
29 § 4982. Reducing or readjusting loads of vehicles.
30 (a) Violation of weight limitations.--If the gross weight or
19750H1817B2873 - 283 -
1 the weight upon any wheel, tire, axle or group of axles of a
2 vehicle or combination exceeds the maximum allowed, the driver
3 shall reduce or readjust the load so that the gross weight and
4 the weight upon each wheel, tire, axle or group of axles will
5 not exceed the maximum weights permitted under this chapter.
6 (b) Violation of size limitations.--If the load upon any
7 vehicle or combination is such that the size limitations of this
8 chapter are exceeded, the driver shall reduce or reposition the
9 load so that it does not exceed the size limitations.
10 (c) Load adjustment to avoid prosecution.--If the gross
11 weight of the vehicle or combination does not exceed the maximum
12 allowable gross weight and the weight upon any axle or group of
13 axles is not more than 3% in excess of the maximum allowable
14 axle weight, the operator shall be allowed four hours to adjust
15 the position of the load so that the weight upon all wheels,
16 tires, axles and groups of axles does not exceed the maximum
17 allowable weights. If the load is so rearranged no arrest shall
18 be made or prosecution brought for violation of Subchapter C
19 (relating to maximum weights of vehicles).
20 (d) Load incapable of reduction.--If the load on any vehicle
21 or combination is such that it is incapable of reduction or
22 dismemberment and is otherwise eligible to move under permit as
23 provided in Subchapter D (relating to special permits for
24 excessive size and weight), a valid permit shall be obtained
25 before any further movement of a vehicle or combination in
26 violation of the limitations of this chapter.
27 (e) Responsibility of owner or driver.--All material
28 unloaded and any vehicle or combination parked awaiting a permit
29 shall be cared for by the owner or driver at the risk of the
30 owner or driver.
19750H1817B2873 - 284 -
1 § 4983. Penalty for violation of subchapter.
2 Any driver who fails or refuses to comply with the
3 requirements of a police officer given pursuant to this
4 subchapter is guilty of a summary offense and shall, upon
5 conviction, be sentenced to pay a fine of $100.
6 PART V
7 ADMINISTRATION AND ENFORCEMENT
8 Chapter
9 61. Powers of Department and Local Authorities
10 63. Enforcement
11 65. Penalties and Disposition of Fines
12 67. Service of Process on Nonresidents
13 CHAPTER 61
14 POWERS OF DEPARTMENT AND LOCAL AUTHORITIES
15 Subchapter
16 A. General Provisions
17 B. Traffic-control Devices
18 C. Reciprocity
19 SUBCHAPTER A
20 GENERAL PROVISIONS
21 Sec.
22 6101. Applicability and uniformity of title.
23 6102. Powers and duties of department and local authorities.
24 6103. Promulgation of rules and regulations by department.
25 6104. Administrative duties of department.
26 6105. Department to prescribe traffic and engineering
27 investigations.
28 6106. Designation of emergency vehicles by department.
29 6107. Designation of authorized vehicles by department.
30 6108. Power of Governor during emergency.
19750H1817B2873 - 285 -
1 6109. Specific powers of department and local authorities.
2 6110. Regulation of traffic on Pennsylvania Turnpike.
3 6111. Regulation of traffic on bridges under authority of
4 interstate commissions.
5 6112. Removal of traffic hazards by property owner.
6 6113. Control of public travel on private property by owner.
7 6114. Limitation on sale, publication and disclosure of
8 records.
9 § 6101. Applicability and uniformity of title.
10 The provisions of this title shall be applicable and uniform
11 throughout this Commonwealth and in all political subdivisions
12 in this Commonwealth, and no local authority shall enact or
13 enforce any ordinance on a matter covered by the provisions of
14 this title unless expressly authorized.
15 § 6102. Powers and duties of department and local authorities.
16 (a) Department.--The department is charged with the duty of
17 administering the provisions of this title and of all laws the
18 administration of which is now or hereafter vested in the
19 department.
20 (b) Local authorities.--Local authorities may exercise the
21 powers granted in this chapter only by duly enacted ordinances
22 of their governing bodies.
23 § 6103. Promulgation of rules and regulations by department.
24 In addition to the specific powers granted to the department
25 by this title to promulgate rules and regulations, the
26 department shall have the power in accordance with the
27 provisions of the act of July 31, 1968 (P.L.769, No.240), known
28 as the "Commonwealth Documents Law," to promulgate, consistent
29 with and in furtherance of this title, rules and regulations in
30 accordance with which the department shall carry out its
19750H1817B2873 - 286 -
1 responsibilities and duties under this title.
2 § 6104. Administrative duties of department.
3 (a) Forms.--The department shall prescribe and provide
4 suitable forms of applications, certificates of title,
5 registration cards, drivers' licenses and all other forms
6 requisite or deemed necessary to carry out the provisions of
7 this title and any other laws the administration of which is
8 vested in the department.
9 (b) Review of applications.--The department shall examine
10 and determine the genuineness, regularity and legality of every
11 application for registration of a vehicle, for a certificate of
12 title, and for a driver's license and of any other application
13 lawfully made to the department, and may in all cases make
14 investigation as may be deemed necessary or require additional
15 information, and shall reject any application if not satisfied
16 of the genuineness, regularity or legality of the application or
17 the truth of any statement contained in the application, or for
18 any other reason when authorized by law.
19 (c) Investigations.--The department may make necessary and
20 reasonable investigations to procure information required to
21 enforce the provisions of this title and department regulations.
22 (d) Retention of records.--The department shall promulgate
23 rules setting forth the minimum amount of time that must elapse
24 before the department may destroy records acquired, established
25 or maintained under this title.
26 (E) FURNISHING DOCUMENTS AND INFORMATION.--THE DEPARTMENT <--
27 MAY SUPPLY COPIES OF AND INFORMATION CONCERNING REGISTRATIONS,
28 TITLES AND SECURITY INTERESTS OF VEHICLES AND SUCH STATISTICAL
29 DATA AS IT MAY DEEM TO BE IN THE PUBLIC INTEREST.
30 § 6105. Department to prescribe traffic and engineering
19750H1817B2873 - 287 -
1 investigations.
2 The department may establish by regulation the manner in
3 which traffic and engineering investigations shall be carried
4 out. The department may specify particular actions which require
5 traffic and engineering investigations. No action shall become
6 effective until the investigation has been properly completed.
7 § 6106. Designation of emergency vehicles by department.
8 (a) General rule.--The department may designate any vehicle
9 or group of vehicles as emergency vehicles upon a finding that
10 the designation is necessary to the preservation of life or
11 property or to the execution of emergency governmental
12 functions.
13 (b) Manner and carrying of designation.--The designation
14 shall be in writing and the written designation shall be carried
15 in the vehicle at all times, but failure to carry the written
16 designation shall not affect the status of the vehicle as an
17 emergency vehicle.
18 § 6107. Designation of authorized vehicles by department.
19 The department may designate any vehicle or group of vehicles
20 as authorized vehicles upon a finding that the vehicle is used
21 in the performance of public service or governmental functions.
22 Duly authorized vehicles shall be exempted from certain
23 provisions of this title as specified in regulations promulgated
24 by the department.
25 § 6108. Power of Governor during emergency.
26 In the event of a declared National, State or local emergency
27 when the Governor of this Commonwealth has made a specific
28 determination that modification of any of the provisions of this
29 title will aid in the alleviation of the stated emergency
30 conditions, the Governor shall have the power to so alter the
19750H1817B2873 - 288 -
1 provisions on any or all highways in this Commonwealth to be
2 effective at any or all hours of the day or night with respect
3 to any or all types or classes of vehicles. SUCH MODIFICATIONS <--
4 AND ALTERATIONS SHALL EXPIRE AT THE END OF THE EMERGENCY PERIOD.
5 § 6109. Specific powers of department and local authorities.
6 (a) Enumeration of police powers.--The provisions of this
7 title shall not be deemed to prevent the department on State-
8 designated highways and local authorities on streets or highways
9 within their physical boundaries from the reasonable exercise of
10 their police powers. The following are presumed to be reasonable
11 exercises of police power:
12 (1) Regulating or prohibiting stopping, standing or
13 parking.
14 (2) Regulating traffic by means of police officers or
15 official traffic-control devices.
16 (3) Regulating or prohibiting processions or assemblages
17 on highways.
18 (4) Designating particular highways or roadways for use
19 by traffic moving in one direction as authorized in section
20 3308 (relating to one-way roadways and rotary traffic
21 islands).
22 (5) Establishing speed limits for vehicles in public
23 parks.
24 (6) Designating any highway as a through highway or
25 designating any intersection or junction of roadways as a
26 stop or yield intersection or junction.
27 (7) Prohibiting or restricting the use of highways at
28 particular places or by particular classes of vehicles
29 whenever the highway or portion of the highway may be
30 seriously damaged by the use or the movement of the vehicles
19750H1817B2873 - 289 -
1 would constitute a safety hazard.
2 (8) Regulating the operation of bicycles and requiring
3 their registration and inspection, and the payment of a
4 reasonable registration fee.
5 (9) Regulating or prohibiting the turning of vehicles or
6 specified types of vehicles as authorized in section 3331
7 (relating to required position and method of turning).
8 (10) Altering or establishing speed limits as authorized
9 in Subchapter F of Chapter 33 (relating to speed
10 restrictions).
11 (11) Designating no-passing zones as authorized in
12 section 3307 (relating to no-passing zones).
13 (12) Prohibiting or regulating the use of designated
14 streets by any class or kind of traffic.
15 (13) Establishing minimum speed limits as authorized in
16 section 3365 3364 (relating to minimum speed regulation). <--
17 (14) Regulating and temporarily prohibiting traffic on
18 streets closed or restricted for construction, maintenance or
19 special events.
20 (15) Prohibiting pedestrians from crossing a roadway in
21 a business district or any designated highway except in a
22 crosswalk.
23 (16) Restricting pedestrian crossings at unmarked
24 crosswalks.
25 (17) Regulating persons propelling push carts.
26 (18) Regulating persons upon skates, coasters, sleds and
27 other toy vehicles.
28 (19) Adopting and enforcing such temporary or
29 experimental regulations as may be necessary to cover
30 emergencies or special conditions.
19750H1817B2873 - 290 -
1 (20) Regulating the operation of streetcars, the passing
2 of streetcars by other vehicles and the driving upon
3 streetcar tracks by other vehicles.
4 (21) Providing for and establishing procedures governing
5 the removal and impounding of any vehicle parked on the
6 highways or public property of the local authority in
7 violation of any local ordinance adopted pursuant to the
8 authority of this title or of any of the provisions of this
9 title.
10 (22) Adopting such other traffic regulations as are
11 specifically authorized by this title.
12 (b) Action by local authorities.--Action taken by local
13 authorities under this section shall be:
14 (1) by ordinance of the local governing body; or
15 (2) by a commission or public official authorized to act
16 on specified matters.
17 (c) When traffic-control devices required.--No regulation or
18 ordinance enacted under subsection (a)(1), (4), (5), (6), (7),
19 (9), (10), (11), (12), (13), (14), (15), (16) or (21) shall be
20 effective until official traffic-control devices giving notice
21 of the traffic regulations or ordinances are erected upon or at
22 the entrances to the highway or part thereof affected as may be
23 most appropriate.
24 (d) Prior approval by department.--Notwithstanding the
25 provisions of subsection (a), the department may require local
26 authorities to obtain department approval in advance of
27 regulating traffic on State-designated highways within their
28 physical boundaries.
29 (e) Engineering and traffic investigation required.--Action
30 by local authorities under this section shall be taken only
19750H1817B2873 - 291 -
1 after completing an engineering and traffic investigation when
2 and in such manner as required by regulations promulgated by the
3 department.
4 § 6110. Regulation of traffic on Pennsylvania Turnpike.
5 (a) General rule.--The provisions of this title apply upon
6 any turnpike or highway under the supervision and control of the
7 Pennsylvania Turnpike Commission unless specifically modified by
8 rules and regulations promulgated by the commission which shall
9 become effective only upon publication in accordance with law. A
10 copy of the rules and regulations, so long as they are
11 effective, shall be posted at all entrances to the turnpike or
12 highway for the inspection of persons using the turnpike or
13 highway. This section does not authorize the establishment of a
14 maximum speed limit greater than 55 miles per hour.
15 (b) Penalty.--Any person violating any of the rules and
16 regulations of the Pennsylvania Turnpike Commission for which no
17 penalty has otherwise been provided by statute is guilty of a
18 summary offense and shall, upon conviction, be sentenced to pay
19 a fine of $25.
20 § 6111. Regulation of traffic on bridges under authority of
21 interstate commissions.
22 (a) General rule.--The provisions of this title apply to any
23 bridge under the supervision and control of the Delaware River
24 Joint Toll Bridge Commission, the Delaware River Port Authority
25 and the New York-Pennsylvania Joint Commission on Bridges over
26 the Delaware River unless specifically modified by rules and
27 regulations which shall become effective only upon publication
28 in accordance with law. Rules and regulations, so long as they
29 are effective, shall be posted at all entrances to the bridges.
30 (b) Penalty.--Any person violating any of the rules and
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1 regulations of the Delaware River Joint Toll Bridge Commission,
2 the Delaware River Port Authority or the New York-Pennsylvania
3 Joint Commission on Bridges over the Delaware River for which no
4 penalty has otherwise been provided by statute is guilty of a
5 summary offense and shall, upon conviction, be sentenced to pay
6 a fine of $25.
7 § 6112. Removal of traffic hazards by property owner.
8 (a) General rule.--It is the duty of the owner of real
9 property to remove from the property any tree, plant, shrub or
10 other similar obstruction, or part thereof, which by obstructing
11 the view of any driver constitutes a traffic hazard.
12 (b) Notice of hazard.--When the department or any local
13 authority determines on the basis of an engineering and traffic
14 investigation that a traffic hazard exists, it shall notify the
15 owner and order the hazard removed within ten days.
16 (c) Penalty.--The failure of the owner to remove the traffic
17 hazard within ten days after notice under subsection (b) is a
18 summary offense and every day the owner fails to remove it shall
19 be a separate and distinct offense. The offense is punishable by
20 a fine of not less than $5 nor more than $25. $10. <--
21 § 6113. Control of public travel on private property by owner.
22 Nothing in this title shall be construed to prevent the owner
23 of real property used by the public for purposes of vehicular
24 travel by permission of the owner, and not as a matter of right,
25 from prohibiting such use, or from requiring other or different
26 or additional conditions than those specified in this title, or
27 otherwise regulating such use as may seem best to such owner.
28 § 6114. Limitation on sale, publication and disclosure of
29 records.
30 (a) Offenses defined.--It is unlawful for:
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1 (1) Any police officer, or any officer, employee or
2 agent of any Commonwealth agency or local authority which
3 makes or receives records or reports required to be filed
4 under this title to sell, publish or disclose or offer to
5 sell, publish or disclose records or reports which relate to
6 the driving record of any person.
7 (2) Any person to purchase, secure or procure or offer
8 to purchase, secure or procure records or reports described
9 in paragraph (1).
10 (b) Exceptions.--This section does not apply to records or
11 reports:
12 (1) Required or authorized under this title to be sold,
13 published or disclosed.
14 (2) Authorized in writing by the person who is the
15 subject of the record or report to be sold, published or
16 disclosed. A POLICE OFFICER, OR OFFICER, EMPLOYEE OR AGENT OF <--
17 A COMMONWEALTH AGENCY OR LOCAL AUTHORITY MAY RELY ON A
18 CERTIFICATION FROM A PERSON REQUESTING A RECORD OR REPORT
19 UNDER SUBSECTION (B)(3) THAT ITS SALE, PUBLICATION OR
20 DISCLOSURE HAS BEEN AUTHORIZED BY THE PERSON WHO IS THE
21 SUBJECT OF THE RECORD OF REPORT. IN THE EVENT SUCH SALE,
22 PUBLICATION OR DISCLOSURE SHALL NOT HAVE BEEN AUTHORIZED, THE
23 PERSON WHO MADE THE FALSE CERTIFICATION, RATHER THAN THE
24 POLICE OFFICER OR OFFICER, EMPLOYEE OR AGENT OF THE
25 COMMONWEALTH AGENCY OR LOCAL AUTHORITY, SHALL BE GUILTY OF
26 THE OFFENSE DEFINED BY THIS SECTION.
27 (3) Required to be released by order of court.
28 (4) Used in any criminal investigation by a grand jury <--
29 or district attorney.
30 (5) Used by a police officer in the performance of his
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1 lawful duties under written authorization from the head of
2 the police department or police force.
3 (4) AUTHORIZED BY DEPARTMENTAL REGULATION TO BE SOLD, <--
4 PUBLISHED OR DISCLOSED TO ANY FEDERAL, STATE OR LOCAL
5 GOVERNMENTAL AGENCY FOR THE SOLE PURPOSE OF EXERCISING A
6 LEGITIMATE GOVERNMENTAL FUNCTION OR DUTY. SUCH RECORDS OR
7 REPORTS SHALL NOT BE RESOLD, PUBLISHED OR DISCLOSED BY THE
8 RECEIVING AGENCY FOR ANY COMMERCIAL PURPOSE NOR WITHOUT PRIOR
9 DEPARTMENTAL APPROVAL.
10 (c) Grading.--Any offense under this section is a
11 misdemeanor of the third degree.
12 SUBCHAPTER B
13 TRAFFIC-CONTROL DEVICES
14 Sec.
15 6121. Uniform system of traffic-control devices.
16 6122. Authority to erect traffic-control devices.
17 6123. Erection of traffic-control devices while working.
18 6124. Erection of traffic-control devices at intersections.
19 6125. Display of unauthorized signs, signals or markings.
20 6126. Interference with devices, signs or signals.
21 6127. Dealing in nonconforming traffic-control devices.
22 § 6121. Uniform system of traffic-control devices.
23 The department shall publish a manual for a uniform system of
24 traffic-control devices consistent with the provisions of this
25 title for use upon highways within this Commonwealth. The
26 uniform system shall correlate with and so far as possible
27 conform to the system set forth in the most recent edition of
28 the Manual on Uniform Traffic Control Devices for Streets and
29 Highways and other standards issued or endorsed by the Federal
30 Highway Administrator, United States Department of
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1 Transportation.
2 § 6122. Authority to erect traffic-control devices.
3 (a) General rule.--The department on State-designated
4 highways and local authorities on any highway within their
5 boundaries may erect official traffic-control devices, which
6 shall be installed and maintained in conformance with the manual
7 and regulations published by the department upon all highways as
8 required to carry out the provisions of this title or to
9 regulate, restrict, direct, warn, prohibit or guide traffic.
10 Except where department regulations provide otherwise, local
11 authorities shall obtain approval of the department prior to
12 erecting an official traffic-control device on a State-
13 designated highway. Except in a city MUNICIPALITY with a full- <--
14 time traffic engineer QUALIFIED IN ACCORDANCE WITH DEPARTMENT <--
15 REGULATIONS, approval of the department shall also be required
16 for erection of any traffic signal.
17 (b) Standards for department approval.--The department shall
18 promulgate rules and regulations setting forth minimum standards
19 and factors to be considered in determining whether approval
20 shall be given by the department for the installation and
21 maintenance of official traffic-control devices. The factors
22 shall include, but not be limited to, the volume of traffic and
23 the number of accidents that occurred in each of the three
24 preceding years.
25 (c) Agreements to waive department approval.--The department
26 may enter into agreements with local authorities transferring to
27 them the authority to install official traffic-control devices
28 without specific State approval provided they conduct traffic
29 and engineering investigations which conform with the rules and
30 regulations promulgated by the department.
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1 (d) Signals on municipal boundaries.--Whenever the need
2 arises for the installation of a traffic-control signal on or
3 near the boundary of two political subdivisions adjoining each
4 other so as to be beneficial to both, either may petition the
5 department for authority to install the signal. If the political
6 subdivisions cannot amicably agree upon an allocation of the
7 costs of installation and maintenance of the signal, either may
8 petition the court of common pleas of the county in which the
9 traffic-control signal is to be installed within 90 days after
10 receiving the approval of the department and the court shall
11 determine the proper allocation of the expenses to be incurred.
12 The political subdivision that originated the request to the
13 department shall install the traffic-control signal within 90
14 days of the date of the court order or of an amicable agreement
15 between the political subdivisions.
16 (E) COSTS.--THE COST OF ERECTION OF TRAFFIC-CONTROL SIGNALS <--
17 LOCATED ON STATE-DESIGNATED HIGHWAYS SHALL BE BORNE BY THE
18 COMMONWEALTH; AND AT INTERSECTIONS OF STATE-DESIGNATED HIGHWAYS
19 AND LOCAL ROADS, SUCH COSTS SHALL BE BORNE BY THE COMMONWEALTH
20 AND THE LOCAL AUTHORITIES HAVING JURISDICTION OVER THE LOCAL
21 ROAD, EACH PAYING ONE-HALF OF SUCH COSTS, BUT LOCAL AUTHORITIES
22 MAY, AT THEIR OPTION, PAY MORE THAN THEIR HALF OF THE COSTS IN
23 SUCH CASES.
24 § 6123. Erection of traffic-control devices while working.
25 Any person performing any work on or near the roadway which
26 may create hazards shall erect traffic-control devices in
27 accordance with the rules and regulations of the department for
28 the maintenance and protection of traffic.
29 § 6124. Erection of traffic-control devices at intersections.
30 The department on State-designated highways, including
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1 intersections with local highways, and local authorities on
2 intersections of highways under their jurisdiction may erect and
3 maintain stop signs, yield signs or other official traffic-
4 control devices to designate through highways or to designate
5 intersections at which vehicular traffic on one or more of the
6 roadways should yield or stop and yield before entering the
7 intersection.
8 § 6125. Display of unauthorized signs, signals or markings.
9 (a) General rule.--No person shall place, maintain or
10 display upon or in view of any highway any unauthorized sign,
11 signal, marking or device which purports to be or is an
12 imitation of or resembles an official traffic-control device or
13 which attempts to direct the movement of traffic, or which hides
14 from view or interferes with the effectiveness of an official
15 traffic-control device.
16 (b) Commercial advertising on signs or signals.--No person
17 shall place or maintain nor shall any public authority permit
18 upon any highway any official traffic-control device containing
19 any commercial advertising except for business signs included as
20 a part of official motorist service panels or roadside area
21 information panels approved by the department.
22 (c) Removal as public nuisance.--Every prohibited sign,
23 signal or marking is declared to be a public nuisance and the
24 authority having jurisdiction over the highway may remove the
25 same or cause it to be removed immediately at the reasonable
26 expense of the person placing, maintaining or displaying the
27 sign, signal or marking.
28 § 6126. Interference with devices, signs or signals.
29 No person shall, without lawful authority, attempt to or in
30 fact, alter, twist, obstruct, deface, injure, knock down, remove
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1 or interfere with the effective operation of any official
2 traffic-control device, or any railroad sign or signal, or any
3 inscription, shield or insignia thereon or any other part
4 thereof.
5 § 6127. Dealing in nonconforming traffic-control devices.
6 (a) General rule.--It is unlawful for any person to
7 manufacture, sell, offer for sale or to lease for use on the
8 highway any traffic-control device unless it has been approved
9 and is in accordance with department rules and regulations.
10 (b) Penalty.--Any person violating this section is guilty of
11 a summary offense and shall, upon conviction, be sentenced to
12 pay a fine of not less than $100 nor more than $500.
13 SUBCHAPTER C
14 RECIPROCITY
15 Sec.
16 6141. Declaration of policy.
17 6142. Reciprocity agreements, arrangements and declarations
18 authorized.
19 6143. Benefits, privileges and exemptions from taxes and fees.
20 6144. Vehicle registration and licensing.
21 6145. Proportional registration of fleet vehicles.
22 6146. Enforcement agreements.
23 6147. Declaration of reciprocity in absence of agreement.
24 6148. Applicability to leased vehicles.
25 6149. Automatic reciprocity.
26 6150. Proportional registration not exclusive.
27 6151. Suspension of reciprocity benefits.
28 6152. Form, publication and distribution of documents.
29 6153. Existing reciprocity agreements unaffected.
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1 § 6141. Declaration of policy.
2 It is the policy of this Commonwealth to promote and
3 encourage the fullest possible use of its highway system by
4 authorizing the making and execution of reciprocal agreements,
5 arrangements and declarations with other states, provinces,
6 territories and countries with respect to drivers, licensed and
7 vehicles registered in this and other states, provinces,
8 territories and countries, thus contributing to the economic and
9 social development and growth of this Commonwealth.
10 § 6142. Reciprocity agreements, arrangements and declarations
11 authorized.
12 The secretary may execute or make agreements, arrangements
13 and declarations to carry out the provisions of this section and
14 may amend and terminate the agreements, arrangements and
15 declarations.
16 § 6143. Benefits, privileges and exemptions from taxes and
17 fees.
18 The secretary may enter into an agreement or arrangement with
19 the duly authorized representatives of other jurisdictions,
20 granting to drivers or vehicles or owners of vehicles properly
21 licensed or registered in those jurisdictions, and for which
22 evidence of compliance is supplied, benefits, privileges and
23 exemptions from the payment, wholly or partially, of any taxes,
24 fees or other charges imposed upon the drivers, vehicles or
25 owners with respect to the operation or ownership of the
26 vehicles under the laws of this Commonwealth. The agreement or
27 arrangement shall provide that drivers or vehicles properly
28 licensed or registered in this Commonwealth, when operating upon
29 highways of the other jurisdiction, shall receive exemptions,
30 benefits and privileges of a similar kind or to a similar degree
19750H1817B2873 - 300 -
1 as are extended to drivers or vehicles properly licensed or
2 registered in the jurisdiction when operating in this
3 Commonwealth. Each agreement or arrangement shall, in the
4 judgment of the secretary, be in the best interest of this
5 Commonwealth and the citizens thereof and shall be fair and
6 equitable to this Commonwealth and the citizens thereof, and
7 shall be determined on the basis and recognition of the benefits
8 which accrue to the economy of this Commonwealth from the
9 uninterrupted flow of commerce.
10 § 6144. Vehicle registration and licensing.
11 An agreement or arrangement entered into, or a declaration
12 issued, under this subchapter may contain provisions authorizing
13 the registration or licensing in another jurisdiction of
14 vehicles located in or operated from a base in the other
15 jurisdiction which vehicles otherwise would be required to be
16 registered or licensed in this Commonwealth. In such event, the
17 exemptions, benefits and privileges extended by the agreement or
18 declaration shall apply to the vehicles when properly licensed
19 or registered in the base jurisdiction.
20 § 6145. Proportional registration of fleet vehicles.
21 If any jurisdiction permits or requires the licensing of
22 fleets of vehicles in interstate or combined interstate and
23 intrastate commerce and payment of registration fees, license
24 taxes or other fixed fees on an apportionment basis commensurate
25 with and determined by the miles traveled on and the use made of
26 the jurisdiction's highways, as compared with the miles traveled
27 on and the use made of another jurisdiction's highways or any
28 other equitable basis of apportionment, and exempts vehicles
29 registered in other jurisdictions under such apportionment basis
30 from the requirements of full payment of its own registration,
19750H1817B2873 - 301 -
1 license or other fixed fees, then the secretary may, by
2 agreement, adopt the exemption with respect to vehicles of such
3 fleets, whether owned by residents or nonresidents of this
4 Commonwealth and regardless of where based. The agreements,
5 under such terms, conditions or restrictions as the secretary
6 deems proper, may provide that owners of vehicles operated in
7 interstate or combined interstate and intrastate commerce in
8 this Commonwealth shall be permitted to pay registration,
9 license or other fixed fees on an apportionment basis,
10 commensurate with and determined by the miles traveled or the
11 use made of the highways of this Commonwealth as compared with
12 the use made of the highways of other jurisdictions or any other
13 equitable basis of apportionment. No agreement shall authorize,
14 or be construed as authorizing, any vehicle so registered to be
15 operated in intrastate commerce in this Commonwealth unless the
16 owner has been granted intrastate authority or rights by the
17 Pennsylvania Public Utility Commission if such grant is
18 otherwise required by law. The secretary may adopt and
19 promulgate such rules and regulations as deemed necessary to
20 effectuate and administer the provisions of this section, and
21 the registration of fleet vehicles under this subchapter shall
22 be subject to the rights, terms and conditions granted by or
23 contained in any applicable agreement, arrangement or
24 declaration made by the secretary.
25 § 6146. Enforcement agreements.
26 The secretary may enter into agreements relating to
27 enforcement of this title including, but not limited to,
28 agreements to notify any state of violations incurred by
29 residents of that state and to take measures to assure payment
30 of fines or attendance at hearings by persons charged with
19750H1817B2873 - 302 -
1 violations.
2 § 6147. Declaration of reciprocity in absence of agreement.
3 In the absence of an agreement or arrangement with another
4 jurisdiction, the secretary may examine the laws and
5 requirements of such jurisdiction and declare the extent and
6 nature of exemptions, benefits and privileges to be extended to
7 vehicles properly registered or licensed in the other
8 jurisdiction, or to the owners of the vehicles, which shall, in
9 the judgment of the secretary, be in the best interest of this
10 Commonwealth and the citizens thereof, and which shall be fair
11 and equitable to this Commonwealth and the citizens thereof, and
12 shall be determined on the basis and recognition of the benefits
13 which accrue to the economy of this Commonwealth from the
14 uninterrupted flow of commerce.
15 § 6148. Applicability to leased vehicles.
16 An agreement or arrangement entered into, or a declaration
17 issued, under the authority of this subchapter may contain
18 provisions under which a leased vehicle properly registered by
19 the lessor may be entitled, subject to terms and conditions
20 stated therein, to the exemptions, benefits and privileges
21 extended by such agreement, arrangement or declaration.
22 § 6149. Automatic reciprocity.
23 If no agreement, arrangement or declaration is in effect with
24 respect to another jurisdiction as authorized by this
25 subchapter, any vehicle properly registered or licensed in the
26 other jurisdiction, and for which evidence of compliance is
27 supplied, shall receive, when operated in this Commonwealth, the
28 same exemptions, benefits and privileges granted by the other
29 jurisdiction to vehicles properly registered in this
30 Commonwealth.
19750H1817B2873 - 303 -
1 § 6150. Proportional registration not exclusive.
2 Nothing contained in this subchapter relating to proportional
3 registration of fleet vehicles shall be construed as requiring
4 any vehicle to be proportionally registered if the vehicle is
5 otherwise registered in this Commonwealth for the operation in
6 which it is engaged including, but not by way of limitation,
7 regular registration, temporary registration, or trip permit or
8 registration.
9 § 6151. Suspension of reciprocity benefits.
10 Agreements, arrangements or declarations made under authority
11 of this subchapter may include provisions authorizing the
12 department to suspend or cancel the exemptions, benefits or
13 privileges granted to a person who violates any of the
14 conditions or terms of such agreements, arrangements or
15 declarations or who violates the laws or regulations of this
16 Commonwealth related to motor vehicles.
17 § 6152. Form, publication and distribution of documents.
18 All agreements, arrangements and declarations, and amendments
19 thereto, shall be in writing and shall be published in
20 compliance with the act of July 31, 1968 (P.L.769, No.240),
21 known as the "Commonwealth Documents Law." The department shall
22 provide copies for public distribution upon request.
23 § 6153. Existing reciprocity agreements unaffected.
24 All reciprocity and proportional registration agreements,
25 arrangements and declarations relating to vehicles, in force and
26 effect at the time this subchapter becomes effective, shall
27 continue in full force and effect until specifically amended or
28 revoked by the secretary.
29 CHAPTER 63
30 ENFORCEMENT
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1 Subchapter
2 A. General Provisions
3 B. Records of Traffic Cases
4 C. Evidentiary Matters
5 SUBCHAPTER A
6 GENERAL PROVISIONS
7 Sec.
8 6301. Prosecutions under local ordinances superseded by title.
9 6302. Limitation of actions for summary offenses.
10 6303. Rights and liabilities of minors.
11 6304. Disposition of license upon violation by licensee. <--
12 6305 6304. Arrest of nonresident.
13 6306 6305. Costs for summary offenses. <--
14 6307 6306. Liability for costs not paid by defendant. <--
15 6308 6307. Investigation by police officers. <--
16 6309 6308. Falsification. <--
17 § 6301. Prosecutions under local ordinances superseded by
18 title.
19 When the same conduct is prescribed under this title and a
20 local ordinance, the charge shall be brought under this title
21 and not under the local ordinance. Prosecutions brought under
22 any local ordinance, rule or regulation, which are based on a
23 violation for which there is a specific penalty provided in this
24 title, except for overtime parking, shall be deemed as having
25 been brought under this title and the assessment disposition of
26 the fines and forfeitures shall be so governed. Local ordinances
27 regulating overtime parking shall prescribe fines for
28 violations.
29 § 6302. Limitation of actions for summary offenses.
30 (a) General rule.--Except as provided in subsection (b) OR <--
19750H1817B2873 - 305 -
1 (C), proceedings for summary offenses under this title shall be
2 instituted within 30 days after the commission of the alleged
3 offense or within 30 days after the discovery of the commission
4 of the offense or the identity of the offender, whichever is
5 later, and not thereafter.
6 (B) MINOR OFFENSES.--EXCEPT AS PROVIDED IN SUBSECTION (C), <--
7 PROCEEDINGS FOR SUMMARY OFFENSES UNDER THE FOLLOWING PROVISIONS
8 SHALL BE INSTITUTED WITHIN 15 DAYS AFTER THE COMMISSION OF THE
9 ALLEGED OFFENSE OR WITHIN 15 DAYS AFTER THE DISCOVERY OF THE
10 COMMISSION OF THE OFFENSE OR THE IDENTITY OF THE OFFENDER,
11 WHICHEVER IS LATER, AND NOT THEREAFTER:
12 CHAPTER 31 (RELATING TO GENERAL PROVISIONS)
13 CHAPTER 33 (RELATING TO RULES OF THE ROAD IN GENERAL)
14 CHAPTER 35 (RELATING TO SPECIAL VEHICLES AND PEDESTRIANS)
15 SUBCHAPTERS A AND C OF CHAPTER 37 (RELATING TO MISCELLANEOUS
16 PROVISIONS)
17 (B) (C) Exception.--Where proceedings are timely instituted <--
18 against a person reasonably believed to have committed the
19 offense charged and it subsequently appears that a person other
20 than the person charged is the offender, proceedings may be
21 instituted against the other person within 30 OR 15 days, <--
22 WHICHEVER IS APPLICABLE, after the identity of the person is
23 discovered and not thereafter.
24 (c) (D) Local ordinances on overtime parking.--Local <--
25 ordinances pertaining to overtime parking shall be subject to
26 the provisions of this section.
27 § 6303. Rights and liabilities of minors.
28 Any person over the age of 16 years charged with the
29 violation of any provisions of this title constituting a summary
30 offense shall have all the rights of an adult and may be
19750H1817B2873 - 306 -
1 prosecuted under the provisions of this title in the same manner
2 as an adult.
3 § 6304. Disposition of license upon violation by licensee. <--
4 (a) Surrender to prosecuting officer.--If a licensee is
5 charged by a police officer with any violation of this title,
6 except overtime parking, upon the demand of the police officer
7 the licensee shall surrender the license to the police officer.
8 The police officer shall give the licensee a receipt for the
9 license which shall entitle the licensee to drive for a period
10 not exceeding 60 days.
11 (b) Disposition by issuing authority.--The police officer
12 shall give the license to the issuing authority with whom the
13 charge is filed, and the issuing authority shall return the
14 license to the licensee when the licensee pays the fine upon a
15 plea of guilty or appears or posts bond for a hearing upon a
16 plea of not guilty.
17 (c) Renewal pending proceedings.--If the license is
18 scheduled for renewal within 90 days, the police officer shall
19 notify the department not to renew the license until further
20 notified by the issuing authority that the licensee has paid the
21 fine or appeared or posted bond for a hearing. If a licensee
22 fails to pay the fine or appear or post bond for a hearing, the
23 issuing authority shall so notify the department and the
24 department shall not renew the driver's license until the
25 licensee pays the fine or appears or posts bond for a hearing.
26 The department may also suspend the operating privilege as
27 provided in section 1533 (relating to suspension of operating
28 privilege for failure to respond to citation).
29 § 6305 6304. Arrest of nonresident. <--
30 (a) General rule.--Upon arrest of a nonresident for any
19750H1817B2873 - 307 -
1 violation of this title, a police officer shall escort the
2 defendant to the appropriate issuing authority for a hearing,
3 posting of bond or payment of the applicable fine and costs,
4 unless the defendant chooses to place the amount of the
5 applicable fine (or the maximum fine in the case of a variable
6 fine) and costs in a stamped envelope addressed to the
7 appropriate issuing authority and mails the envelope in the
8 presence of the police officer.
9 (b) Procedure upon payment by mail.--If the defendant mails
10 the amount of the fine prescribed in subsection (a), the
11 defendant shall indicate on an accompanying form whether the
12 payment constitutes a fine based on a plea of guilty or a bond
13 for a hearing based on a plea of not guilty. If the plea is not
14 guilty, the police officer shall notify the issuing authority by
15 telephone and the issuing authority shall schedule a hearing for
16 the following day (excluding Saturdays, Sundays and legal
17 holidays), unless the defendant requests a continuance, in which
18 case a hearing shall be scheduled to accommodate the defendant,
19 the police officer and the issuing authority.
20 (c) Form of payment.--The amount of the fine and costs may
21 be paid in cash, personal or other check, credit card or
22 guaranteed arrest bond, except that the Court Administrator of
23 Pennsylvania may enlarge or restrict the types of payment which
24 may be made by mail.
25 (d) Receipt for payment.--The police officer shall give the
26 defendant a receipt for the payment, a copy of which shall be
27 mailed with the payment and a copy retained by the police
28 officer.
29 § 6306 6305. Costs for summary offenses. <--
30 (a) General rule.--Except as provided in subsection (b), any
19750H1817B2873 - 308 -
1 person convicted of a summary offense under this title shall, in
2 addition to the fine imposed, be sentenced to pay $10 as costs
3 of the issuing authority which costs shall include all charges
4 including, when called for, the costs of postage and registered
5 or certified mail and the costs of giving a transcript to the
6 prosecutor or defendant, or both, if requested.
7 (b) Conviction after hearing.-- Where the person charged
8 with a summary offense under this title demands a hearing, the
9 costs of the issuing authority shall be $15, which costs shall
10 include all charges including the charges specified in
11 subsection (a).
12 § 6307 6306. Liability for costs not paid by defendant. <--
13 In any case of prosecution under the provisions of this title
14 in which the defendant is found not guilty or for any other
15 reason costs are not recovered from the defendant, all costs of
16 prosecution shall be paid by the county.
17 § 6308 6307. Investigation by police officers. <--
18 (a) Duty of operator or pedestrian.--The operator of any
19 vehicle or any pedestrian reasonably believed to have violated
20 any provision of this title shall stop upon request or signal of
21 any police officer and shall, upon request, exhibit a
22 registration card, driver's license and proof of insurance, or
23 other means of identification if a pedestrian or driver of a
24 bicycle, and shall write their name in the presence of the
25 police officer if so required for the purpose of establishing
26 identity.
27 (b) Authority of police officer.--Any police officer may
28 stop a vehicle, upon request or signal, for the purpose of
29 inspecting the vehicle as to its equipment and operation, or
30 vehicle identification number or engine number, or to secure
19750H1817B2873 - 309 -
1 such other information as the officer may believe to be
2 necessary.
3 (c) Inspection of garages and dealer premises.--Any police
4 officer or authorized department employee may inspect any
5 vehicle in any public garage or repair shop or on the premises
6 of any dealer for the purpose of locating stolen vehicles. The
7 owner of the garage or repair shop or the dealer shall permit
8 any police officer or authorized department employee to make
9 investigations under this subsection.
10 § 6309 6308. Falsification. <--
11 (a) False swearing.--Any person who makes a false affidavit
12 or swears or affirms falsely to any matter or thing required
13 under the provisions of this title to be sworn to or affirmed is
14 guilty of a misdemeanor of the third degree and shall, upon
15 conviction, be punished in accordance with section 6503
16 (relating to penalties for misdemeanors). <--
17 (b) Unsworn falsification.--Any person who knowingly
18 falsifies, conceals or omits a material fact, or makes any
19 false, fictitious or fraudulent statements or representations,
20 or makes or uses any false writing or document, knowing it to
21 contain any false, fictitious or fraudulent statement in any
22 matter or thing required under the provisions of this title, is
23 guilty of a misdemeanor of the third degree and shall, upon
24 conviction, be punished in accordance with section 6503.
25 SUBCHAPTER B
26 RECORDS OF TRAFFIC CASES
27 Sec.
28 6321. Records of issuing authorities.
29 6322. Reports by issuing authorities.
30 6323. Reports by courts of record.
19750H1817B2873 - 310 -
1 6324. Failure to comply with provisions of subchapter.
2 6325. Department records.
3 6326. Traffic citation forms.
4 § 6321. Records of issuing authorities.
5 (a) General rule.--Every issuing authority shall keep or
6 cause to be kept for a period of three years a record of every
7 traffic complaint, traffic citation or other legal form of
8 traffic charge deposited with or presented to the issuing
9 authority.
10 (b) Contents of record.--The record of the issuing authority
11 shall include, but not be limited to, an exact record of the
12 proceedings, the section and subsection violated, the
13 conviction, forfeiture of bail, judgment of acquittal and the
14 amount of fine or forfeiture resulting from every traffic
15 complaint or citation deposited with or presented to the issuing
16 authority.
17 (c) Receipt for payment of fine.--The issuing authority
18 shall deliver, without charge, to the defendant a receipt
19 showing in detail the section and subsection violated and the
20 amount of fine and costs imposed and paid.
21 (d) Inspection of record.--The records of the issuing
22 authority required under this section shall be open for
23 inspection by any police officer or authorized employee of the
24 department, the Department of Justice, the Department of
25 Revenue, the Auditor General and the Court Administrator of the
26 Supreme Court.
27 § 6322. Reports by issuing authorities.
28 (a) General rule.--At the end of each week, every issuing
29 authority shall prepare a statement, upon forms prescribed and
30 furnished by the department, of all fines collected, bail
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1 forfeited, sentence imposed and final disposition for all cases
2 on violations of any provisions of this title decided by the
3 issuing authority in the week just concluded. The statement
4 shall be certified by the issuing authority to be true and
5 correct and shall be forwarded to the department within the
6 following week, with a copy sent to the police department which
7 filed the charge. The fines and bail forfeited shall accompany
8 the report to the department.
9 (b) Contents of report.--The report shall include the
10 identifying number of the citation, the name and residence
11 address of the party charged, the driver's license number, the
12 registration number of the vehicle involved, a description of
13 the offense, the section and subsection of the statute or
14 ordinance violated, the date of hearing, the plea, the judgment
15 or whether bail was forfeited, clear and concise reasons
16 supporting the adjudication, the sentence or amount of
17 forfeiture and such other information as the department may
18 require.
19 (c) Use of reports by department.--The department shall
20 promptly enter the information contained in the reports in the
21 records of the persons involved in order to effect swift
22 execution of the provisions of Subchapter B of Chapter 15
23 (relating to a comprehensive system for driver education and
24 control).
25 § 6323. Reports by courts of record.
26 The clerk of any court of record of this Commonwealth, within
27 ten days after final judgment of conviction or acquittal or
28 other disposition of charges under any of the provisions of this
29 title, shall send to the department a record of the judgment of
30 conviction, acquittal or other disposition. A record of the
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1 judgment shall also be forwarded to the department upon
2 conviction or acquittal of a person of a felony in the
3 commission of which the judge determines that a motor vehicle
4 was essentially involved. The fines and bail forfeited shall
5 accompany the record sent to the department.
6 § 6324. Failure to comply with provisions of subchapter.
7 (a) General rule.--Failure, refusal or neglect of any
8 issuing authority or clerk of court to comply with any of the
9 requirements of this subchapter is a summary offense punishable
10 by a fine of no less than $100. Conviction shall be grounds for
11 removal from office.
12 (b) Second or subsequent convictions.--Any second or
13 subsequent conviction for violation of this subchapter
14 constitutes a misdemeanor of the third degree punishable by a
15 fine of not less than $500.
16 § 6325. Department records.
17 The department shall file all reports and records received
18 under the provisions of this subchapter and shall maintain
19 suitable records or facsimiles of the records. which shall be <--
20 open to the inspection of any person during normal business
21 hours.
22 § 6326. Traffic citation forms.
23 (a) Issuance by department.--The department shall be
24 responsible for the issuance of traffic citation forms in
25 conformance with the Pennsylvania Rules of Criminal Procedure.
26 The department shall maintain a record of all citations issued
27 and shall require and retain a receipt.
28 (b) Use of department forms mandatory.--All traffic
29 citations issued in this Commonwealth, except for overtime
30 parking, shall be upon forms issued by the department under
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1 subsection (a).
2 (c) Accounting for forms.--The chief administrative officer
3 of every police department or traffic enforcement agency shall
4 require the return of a copy of every traffic citation issued by
5 every officer under their supervision to an alleged violator and
6 of all copies spoiled.
7 (d) Department audit.--The department shall regularly audit
8 the records of issuance of traffic citation forms to ensure
9 their proper use.
10 SUBCHAPTER C
11 EVIDENTIARY MATTERS
12 Sec.
13 6341. Admissibility of copies of records as evidence.
14 6342. Registration number as prima facie evidence of operation.
15 § 6341. Admissibility of copies of records as evidence.
16 All copies, including photostatic copies and microfilm
17 reproductions, of records, books, papers, documents and rulings
18 of the department, when certified under and bearing the seal of
19 the department by its duly authorized agent, shall be acceptable
20 as evidence in the courts of this Commonwealth with the same
21 force and effect as the originals in all cases where the
22 original records, books, papers, documents and ruling would be
23 admitted in evidence.
24 § 6342. Registration number as prima facie evidence of
25 operation.
26 (a) General rule.--In any proceeding for a violation of the
27 provisions of this title or any local ordinance, rule or
28 regulation, the registration plate displayed on a vehicle shall
29 be prima facie evidence that the owner of the vehicle was then
30 operating the vehicle.
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1 (b) Burden shifted by testimony of owner.--If at any hearing
2 or proceeding the owner testifies under oath or affirmation that
3 the owner was not operating the vehicle at the time of the
4 alleged violation and submits to an examination as to who at the
5 time was operating the vehicle and reveals the name of the
6 person, if known, then the prima facie evidence arising from the
7 registration plate shall be overcome and removed and the burden
8 of proof shifted.
9 (c) Burden shifted by affidavit of owner.--If the
10 information is made in a county other than that of the owner's
11 own residence and an affidavit setting forth these facts is
12 forwarded to the issuing authority, the prima facie evidence
13 arising from the registration plate shall be overcome and the
14 burden of proof shifted.
15 CHAPTER 65
16 PENALTIES AND DISPOSITION OF FINES
17 Sec.
18 6501. Definition of conviction.
19 6502. Designation of summary offenses and penalties <--
20 SUMMARY OFFENSES. <--
21 6503. Penalties for misdemeanors MISDEMEANORS. <--
22 6504. Penalties for felonies FELONIES. <--
23 6505. Inability to pay fine and costs.
24 6506. Disposition of fines and forfeitures.
25 § 6501. Definition of conviction.
26 (a) General rule.--For the purposes of this title a
27 conviction includes a plea of guilty, a plea of nolo contendere,
28 a finding of guilty by a court or an unvacated forfeiture of
29 bail or collateral deposited to secure a defendant's appearance
30 in court.
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1 (b) Payment of fine as guilty plea.--A payment by any person
2 charged with a violation of this title of the fine prescribed
3 for the violation is a plea of guilty.
4 § 6502. Designation of summary offenses and penalties. <--
5 SUMMARY OFFENSE. <--
6 (a) General rule DESIGNATION.--It is a summary offense for <--
7 any person to violate any of the provisions of this title unless
8 the violation is by this title or other statute of this
9 Commonwealth declared to be a misdemeanor or felony.
10 (b) Penalty.--Every person convicted of a summary offense
11 for a violation of any of the provisions of this title for which
12 another penalty is not provided shall be sentenced to pay a fine
13 of $25.
14 § 6503. Penalties for misdemeanors. MISDEMEANORS. <--
15 (A) GENERAL RULE.--Every person convicted of a violation of <--
16 any of the provisions of this title designated a misdemeanor of
17 the third degree or a misdemeanor without designation as to
18 degree for which another penalty is not provided shall:
19 (1) For a first conviction, be sentenced to pay a fine
20 of not less than $100 nor more than $500, or to imprisonment
21 for not more than 30 days, or both.
22 (2) For a second or subsequent conviction of the same
23 offense committed within five THREE years after the date of <--
24 the first offense, be sentenced to pay a fine of not less
25 than $200 nor more than $1,000, or to imprisonment for not
26 more than one year, or both.
27 (B) SECOND CONVICTIONS OF CERTAIN OFFENSES.--EVERY PERSON <--
28 CONVICTED OF A SECOND VIOLATION OF ANY OF THE FOLLOWING
29 PROVISIONS SHALL BE GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE
30 AND SHALL BE SENTENCED TO PAY A FINE OF NOT LESS THAN $200 NOR
19750H1817B2873 - 316 -
1 MORE THAN $1,000, OR TO IMPRISONMENT FOR NOT MORE THAN ONE YEAR,
2 OR BOTH:
3 SECTION 1501(A) (RELATING TO DRIVERS REQUIRED TO BE
4 LICENSED).
5 SECTION 1542 (RELATING TO DRIVING WHILE OPERATING PRIVILEGE
6 IS SUSPENDED OR REVOKED).
7 SECTION 3367 (RELATING TO RACING ON HIGHWAYS).
8 SECTION 3731 (RELATING TO RECKLESS DRIVING).
9 SECTION 3734 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE
10 POLICE OFFICERS).
11 SECTION 3735 (RELATING TO DRIVING WITHOUT LIGHTS TO AVOID
12 IDENTIFICATION OR ARREST).
13 SECTION 3748 (RELATING TO FALSE REPORTS).
14 § 6504. PENALTIES FOR FELONIES. FELONIES. <--
15 Every person convicted of a violation of any of the
16 provisions of this title designated a felony of the third degree
17 or felony without designation as to degree for which another
18 penalty is not provided shall be sentenced to pay a fine of not
19 less than $500 nor more than $5,000, or to imprisonment for not
20 less than one year nor more than five years, or both.
21 § 6505. Inability to pay fine and costs.
22 (a) Order for installment payments.--Upon plea and proof
23 that a person is unable to pay any fine and costs imposed under
24 this title, a court may, in accordance with the Pennsylvania
25 Rules of Criminal Procedure, order payment of the fine and costs
26 in installments and shall fix the amounts, times and manner of
27 payment.
28 (b) Imprisonment for nonpayment.--Any person who does not
29 comply with an order entered under this section may be
30 imprisoned for a number of days equal to one day for each $10 of
19750H1817B2873 - 317 -
1 the unpaid balance of the fine and costs.
2 § 6506. Disposition of fines and forfeitures.
3 (a) State Police enforcement.--When prosecution under the
4 provisions of this title is the result of State Police action,
5 all fines and penalties and all bail forfeited shall be paid to
6 the Department of Revenue, transmitted to the State Treasury and
7 credited to the Motor License Fund. One-half of the revenue
8 shall be paid to municipalities in the same ratio and for the
9 same purposes provided in section 4 of the act of June 1, 1956
10 (P.L.1944, No.655), relating to partial allocation of fuels and
11 liquid fuels tax proceeds.
12 (b) Local police enforcement except for overtime parking.--
13 When prosecution under the provisions of this title, except for
14 overtime parking, is the result of local police action, one-half
15 of all fines and penalties and all bail forfeited shall be paid
16 to the political subdivision under which the local police are
17 organized and one-half to the Department of Revenue, transmitted
18 to the State Treasury and credited to the Motor License Fund.
19 (c) Local police enforcement for overtime parking.--When
20 prosecution under the provisions of this title for overtime
21 parking is the result of local police action, all fines and
22 penalties and all bail forfeited shall be paid to the political
23 subdivision under which the local police are organized.
24 CHAPTER 67
25 SERVICE OF PROCESS ON NONRESIDENTS
26 Sec.
27 6701. Service of process on nonresident.
28 6702. Residents who depart Commonwealth or whose whereabouts
29 are unknown.
30 6703. Personal representatives of nonresidents.
19750H1817B2873 - 318 -
1 6704. Manner of service of process.
2 6705. Record of service of process.
3 § 6701. Service of process on nonresident.
4 (a) Secretary of Commonwealth as agent.--The acceptance by a
5 nonresident of any right or privilege conferred upon him by the
6 laws of this Commonwealth to title, register or operate a motor
7 vehicle within this Commonwealth, or the titling, registration
8 or operation by a nonresident or duly authorized agent or
9 employee of a motor vehicle within this Commonwealth, or in the
10 event the nonresident is the owner of a motor vehicle, then also
11 the titling, registration or operation of the vehicle within
12 this Commonwealth by any person with the express or implied
13 permission of the owner, shall be deemed equivalent to an
14 appointment by the nonresident of the Secretary of the
15 Commonwealth to be the true and lawful attorney upon whom may be
16 served all lawful process in any action or proceeding against
17 the nonresident growing out of any accident or collision
18 resulting from the operation of a motor vehicle upon any highway
19 or elsewhere throughout this Commonwealth.
20 (b) Implied consent of nonresident.--The titling,
21 registration or operation of a motor vehicle within this
22 Commonwealth shall be deemed consent by a nonresident that any
23 process served in the manner provided in this chapter shall be
24 of the same legal force and validity as if served personally on
25 the nonresident.
26 § 6702. Residents who depart Commonwealth or whose whereabouts
27 are unknown.
28 The provisions of this chapter apply to any resident who
29 departs from this Commonwealth subsequent to an accident or
30 collision or to any resident whose whereabouts are unknown.
19750H1817B2873 - 319 -
1 § 6703. Personal representatives of nonresidents.
2 The appointment of the Secretary of the Commonwealth as the
3 attorney for service of process on nonresidents is irrevocable
4 and binding upon the personal representative, executor or
5 administrator of the nonresident, and the provisions of this
6 chapter shall apply in an action or proceeding against the
7 personal representative, executor or administrator of a
8 nonresident when the action or proceeding arises out of any
9 accident or collision in which the nonresident may have been
10 involved.
11 § 6704. Manner of service of process.
12 Service of process shall be made in compliance with the
13 applicable Pennsylvania Rules of Civil and Criminal Procedure.
14 When service upon the Secretary of the Commonwealth is required,
15 a true and attested copy of the process shall be sent to the
16 Secretary of the Commonwealth by registered mail at least 15
17 days before the return day of the process.
18 § 6705. Record of service of process.
19 The Secretary of the Commonwealth shall keep a record of each
20 process served and the day and hour of the service.
21 PART VI
22 MISCELLANEOUS PROVISIONS
23 Chapter
24 71. Vehicle Theft and Related Provisions
25 73. Abandoned Vehicles and Cargos
26 75. Messenger Service
27 CHAPTER 71
28 VEHICLE THEFT AND RELATED PROVISIONS
29 Subchapter
30 A. Identification Number
19750H1817B2873 - 320 -
1 B. Stolen Vehicles
2 C. Misuse of Documents and Plates
3 SUBCHAPTER A
4 IDENTIFICATION NUMBER
5 Sec.
6 7101. Removal or falsification of identification number.
7 7102. Dealing in vehicles with removed or falsified numbers.
8 7103. State replacement vehicle identification number plate.
9 7104. Seizure of vehicles with removed or falsified numbers.
10 § 7101. Removal or falsification of identification number.
11 (a) Offense defined.--A person who wilfully removes or
12 falsifies an identification number of a vehicle, engine or
13 transmission is guilty of a misdemeanor of the third degree.
14 (b) Fraudulent intent.--A person who wilfully and with
15 intent to conceal or misrepresent the identity of a vehicle,
16 engine or transmission, removes or falsifies an identification
17 number thereof, is guilty of a felony of the third degree.
18 (c) Exception.--This section does not apply to the removal
19 of an identification number from a vehicle for which a
20 certificate of junk has been obtained in accordance with section
21 1117 (relating to vehicle destroyed or junked).
22 § 7102. Dealing in vehicles with removed or falsified numbers.
23 (a) Offense defined.--A person who buys, receives,
24 possesses, sells or disposes of a vehicle, engine or
25 transmission, knowing that an identification number has been
26 removed or falsified, is guilty of a misdemeanor of the third
27 degree.
28 (b) Knowledge of fraudulent intent.--A person who buys,
29 receives, possesses, sells or disposes of a vehicle, engine or
30 transmission with knowledge that an identification number has
19750H1817B2873 - 321 -
1 been removed or falsified with intent to conceal or misrepresent
2 the identity thereof, is guilty of a felony of the third degree.
3 (c) Exception.--This section does not apply to the removal
4 of an identification number from a vehicle for which a
5 certificate of junk has been obtained in accordance with section
6 1117 (relating to vehicle destroyed or junked).
7 § 7103. State replacement vehicle identification number plate.
8 (a) General rule.--No vehicle on which the vehicle
9 identification number has been removed or falsified shall be
10 titled or registered without a special permit from the
11 department.
12 (b) Application for plate.--Before a certificate of title or
13 registration for the vehicle can be obtained, the owner shall
14 apply to the department for a State replacement vehicle
15 identification number plate on a form furnished by the
16 department which shall contain the full name and address of the
17 owner and any other information the department may deem
18 necessary, sworn to before an official empowered to administer
19 oaths.
20 (c) Designation on plate.--The State replacement vehicle
21 identification number plate shall contain:
22 (1) Official department identification.
23 (2) The manufacturer's vehicle identification number, if
24 known, or a number assigned by the department.
25 (d) Issuance and display of plate.--The department shall
26 furnish a State replacement vehicle identification number plate
27 which shall be immediately placed in a uniform manner as
28 designated by the department on the vehicle.
29 (e) Reconstructed or specially-constructed vehicle.--The
30 department may assign a State replacement vehicle identification
19750H1817B2873 - 322 -
1 number plate for a reconstructed or specially-constructed
2 vehicle.
3 § 7104. Seizure of vehicles with removed or falsified numbers.
4 (a) Duty of police.--Every police officer having knowledge
5 of a vehicle on which the vehicle identification number has been
6 removed or falsified shall immediately seize and take possession
7 of the vehicle and arrest or file a complaint for the arrest of
8 the suspected owner or custodian. In all actions involving
9 seizure or possession of such vehicles, vehicle identification
10 information shall be transmitted to the Federal or other
11 agencies involved in recovery of stolen vehicles.
12 (b) Proceedings if owner known.--The court, upon petition of
13 the owner or of the person entitled to possession of a seized
14 vehicle, may relinquish custody of the vehicle to the person
15 legally entitled to the vehicle upon presentation of proof that
16 a State replacement vehicle identification number plate has been
17 issued by the department under section 7103 (relating to State
18 replacement vehicle identification number plate). Except as
19 otherwise provided in this section, the court shall retain in
20 custody the seized vehicle pending prosecution of the person
21 arrested. In case the person is found guilty, the vehicle shall
22 remain in the custody of the court until the fine and costs of
23 prosecution are paid, except that if 90 days have elapsed after
24 the verdict has been rendered and the fine and costs have not
25 been paid, the court shall proceed to advertise and sell the
26 vehicle in the manner provided by law for the sale of personal
27 property under execution. The proceeds from the sale shall be
28 used to pay the fine and costs of prosecution and the balance,
29 if any, shall be forwarded to the department to be transmitted
30 to the State Treasurer for deposit in the Motor License Fund.
19750H1817B2873 - 323 -
1 (c) Proceedings if owner unknown.--If ownership of the
2 vehicle is not established to the satisfaction of the court, the
3 vehicle shall be confiscated by the court and sold immediately,
4 and the proceeds shall be used to pay the costs of proceedings
5 and the balance, if any, shall be forwarded to the department to
6 be transmitted to the State Treasurer for deposit in the Motor
7 License Fund.
8 SUBCHAPTER B
9 STOLEN VEHICLES
10 Sec.
11 7111. Dealing in titles and plates for stolen vehicles.
12 7112. False report of theft or conversion of vehicle.
13 7113. Reporting stolen and recovered vehicles.
14 7114. Records of stolen vehicles.
15 7115. Application for certificate of title of a stolen vehicle.
16 7116. Fraudulent removal of vehicle from garage.
17 § 7111. Dealing in titles and plates for stolen vehicles.
18 A person is guilty of a felony of the third degree if the
19 person with fraudulent intent procures or attempts to procure a
20 certificate of title or registration plate for a vehicle, or
21 passes or attempts to pass a certificate of title or an
22 assignment to a vehicle, knowing or having reason to believe
23 that the vehicle has been stolen.
24 § 7112. False report of theft or conversion of vehicle.
25 A person is guilty of a misdemeanor of the third degree if
26 the person knowingly makes a false report of the theft or
27 conversion of a vehicle to a police officer or to the
28 department.
29 § 7113. Reporting stolen and recovered vehicles.
30 (a) Stolen vehicle.--Every police department or police
19750H1817B2873 - 324 -
1 office, having knowledge of a stolen vehicle, shall immediately
2 furnish the State Police with full information about the stolen
3 vehicle. The State Police shall forward the stolen vehicle
4 information to the department.
5 (b) Recovered stolen vehicle.-- Within 48 hours of the
6 recovery of a stolen vehicle, the police shall notify the owner
7 of the vehicle. If the vehicle was recovered without their
8 knowledge, the owner shall notify the same police department to
9 which the theft was originally reported. On recovering or
10 receiving and verifying the report of recovery of a stolen
11 vehicle, the police shall notify the State Police. The State
12 Police shall notify the department of the recovery.
13 § 7114. Records of stolen vehicles.
14 (a) General rule.--The department shall, upon receiving a
15 report of the theft of a vehicle, make an entry onto the
16 vehicle's record that it has been reported as stolen, which
17 entry shall remain until a report of recovery has been received
18 as provided in section 7113(b) (relating to reporting stolen and
19 recovered vehicles). If the vehicle is not reported as recovered
20 within five years, the department may remove the record from its
21 files.
22 (b) List of stolen and recovered vehicles.--The department
23 shall prepare periodic reports listing vehicles, stolen and
24 recovered, as disclosed by the reports submitted, to be
25 distributed as provided in regulations promulgated by the
26 department.
27 § 7115. Application for certificate of title of a stolen
28 vehicle.
29 Upon receipt of an application for a certificate of title of
30 a stolen vehicle, the department shall notify the State Police
19750H1817B2873 - 325 -
1 and the rightful owner and shall withhold the issuing of the
2 certificate of title until the proper investigation is made.
3 § 7116. Fraudulent removal of vehicle from garage.
4 No person shall remove or cause to be removed, by any false
5 pretension or with intent to defraud, any vehicle that has been
6 placed in a garage or automobile shop for storage, repair or
7 garage service.
8 SUBCHAPTER C
9 MISUSE OF DOCUMENTS AND PLATES
10 Sec.
11 7121. False application for certificate of title or
12 registration.
13 7122. Altered, forged or counterfeit documents and plates.
14 7123. Sale or purchase of certificate or other document.
15 7124. Fraudulent use or removal of registration plate.
16 § 7121. False application for certificate of title or
17 registration.
18 A person is guilty of a felony of the third degree if the
19 person uses a false or fictitious name or address or makes a
20 material false statement, or fails to disclose a security
21 interest, or conceals any other material fact in an application
22 for a certificate of title or for registration.
23 § 7122. Altered, forged or counterfeit documents and plates.
24 A person is guilty of a felony of the third degree if the
25 person, with fraudulent intent:
26 (1) alters, forges or counterfeits a certificate of
27 title, registration card or plate, inspection certificate or
28 proof of insurance;
29 (2) alters or forges an assignment of a certificate of
30 title, or an assignment or release of a security interest on
19750H1817B2873 - 326 -
1 a certificate of title or any other document issued or
2 prepared for issue by the department; or
3 (3) has possession of, sells or attempts to sell, uses
4 or displays a certificate of title, registration card or
5 plate, driver's license, inspection certificate, proof of
6 insurance or any other document issued by the department,
7 knowing it to have been altered, forged or counterfeited.
8 § 7123. Sale or purchase of certificate or other document.
9 It is unlawful to purchase or sell a certificate or any other
10 document issued by the department. Police officers or department
11 representatives may confiscate the documents when unlawfully
12 possessed or used.
13 § 7124. Fraudulent use or removal of registration plate.
14 A person is guilty of a misdemeanor of the third degree if
15 the person either removes a registration plate from a vehicle or
16 affixes to a vehicle a registration plate not authorized by law
17 for use on the vehicle, with intent to conceal or misrepresent
18 the identity of the vehicle or its owner.
19 CHAPTER 73
20 ABANDONED VEHICLES AND CARGOS
21 Sec.
22 7301. Authorization of salvors.
23 7302. Certificate of authorization.
24 7303. Suspension of authorization.
25 7304. Reports to department of possession of abandoned
26 vehicles.
27 7305. Notice to owner and lienholders of abandoned vehicles.
28 7306. Payment of costs upon reclaiming vehicle.
29 7307. Authorization for disposal of unclaimed vehicles.
30 7308. Public sale of unclaimed vehicles with value.
19750H1817B2873 - 327 -
1 7309. Junking of vehicles valueless except for junk.
2 7310. Removal of vehicles and spilled cargo from roadway.
3 7311. Reports by garage keepers of abandoned vehicles.
4 7312. Penalty for violation of chapter.
5 § 7301. Authorization of salvors.
6 (a) General rule.--The department shall authorize and shall
7 issue a certificate of authorization to every salvor that
8 complies with the requirements of this chapter and regulations
9 adopted by the department and is a vehicle salvage dealer as
10 defined in section 1337(c)(2) (relating to use of "Miscellaneous
11 Motor Vehicle Business" registration plates).
12 (b) Unauthorized operation prohibited.--No person shall
13 operate as a salvor unless authorized.
14 (c) Duty of salvor.--Upon written request of a police
15 department, a salvor shall take possession of and remove to the
16 storage facility of the salvor any abandoned vehicle located
17 within 30 miles of the place of business of the salvor.
18 (d) Storage facility.--A salvor may rent or own a storage
19 facility, which shall comply with the act of December 15, 1971
20 (P.L.596, No.160), known as the "Outdoor Advertising Control Act
21 of 1971," where applicable, and with regulations promulgated by
22 the department.
23 § 7302. Certificate of authorization.
24 (a) Application and issuance.--Application for a certificate
25 of authorization shall be made on a form prescribed by the
26 department. The department shall investigate the qualifications
27 and fitness of the applicant and shall issue a certificate of
28 authorization if it determines that the applicant is capable of
29 performing the duties of a salvor in a manner consistent with
30 the public interest.
19750H1817B2873 - 328 -
1 (b) Place of business.--Every applicant shall have and
2 maintain an established place of business. If the applicant has
3 or intends to have one or more places of business or branch
4 offices, the application shall contain complete information for
5 each location.
6 (c) Bonding required.--Before issuing a certificate of
7 authorization, the department shall require the applicant to
8 furnish and maintain a bond indemnifying the public and the
9 department in the amount of $10,000. An individual bond for each
10 place of business is not required, but all places of business
11 shall be covered by the bond.
12 (d) Duration and renewal.--Certificates of authorization
13 shall be issued for a period of one year and shall be subject to
14 annual renewal.
15 § 7303. Suspension of authorization.
16 (a) General rule.--The department shall supervise salvors
17 and, after providing an opportunity for a hearing, shall suspend
18 the authorization of any salvor which the department finds is
19 not properly operated or which has violated or failed to comply
20 with any of the provisions of this chapter or regulations
21 adopted by the department. A suspended certificate of
22 authorization shall be returned to the department immediately
23 except an appeal from suspension as provided in subsection (b)
24 shall operate as a supersedeas of any suspension by the
25 department.
26 (b) Judicial review.--Any person whose certificate of
27 authorization has been denied or suspended under this chapter
28 shall have the right to file a petition within 30 days
29 thereafter for a hearing on the matter in the court of common
30 pleas of the county in which the principal place of business of
19750H1817B2873 - 329 -
1 the salvor is located. The court is hereby vested with
2 jurisdiction and it shall be its duty to set the matter for
3 hearing upon 30 days' written notice to the department and to
4 take testimony and examine into the facts of the case and to
5 determine whether the petitioner is entitled to a certificate of
6 authorization or is subject to suspension of the certificate of
7 authorization under the provisions of this chapter.
8 § 7304. Reports to department of possession of abandoned
9 vehicles.
10 Any salvor taking possession of an abandoned vehicle pursuant
11 to section 7301(c) (relating to authorization of salvors) shall
12 within 48 hours after taking possession report to the department
13 the make, model, vehicle identification number and registration
14 plate number of the abandoned vehicle, and the name and address
15 of the owner or person who abandoned the vehicle, if known,
16 together with any other information or documents which the
17 department may by regulation require. The report shall include a
18 statement whether the vehicle is valueless except for junk.
19 Where the report indicates the vehicle is valueless except for
20 junk, the salvor shall include a photograph of the vehicle to be
21 prepared in a manner prescribed by the department. A report by a
22 salvor that a vehicle is valueless except for junk shall be
23 verified by the police department which authorized transfer of
24 the vehicle to the salvor.
25 § 7305. Notice to owner and lienholders of abandoned vehicles.
26 (a) General rule.--Except as provided in section 7309
27 (relating to junking of vehicles valueless except for junk), the
28 department, upon receipt of notice that an abandoned vehicle has
29 been taken into possession pursuant to this chapter, shall
30 notify by certified mail, return receipt requested, the last
19750H1817B2873 - 330 -
1 known registered owner of the vehicle and all lienholders of
2 record that the vehicle is abandoned.
3 (b) Contents of notice.--The notice shall:
4 (1) Describe the make, model, title number, vehicle
5 identification number and registration plate number of the
6 abandoned vehicle, if known.
7 (2) State the location where the vehicle is being held.
8 (3) Inform the owner and any lienholders of their right
9 to reclaim the vehicle within 30 days after the date of the
10 notice at the place where the vehicle is being held by the
11 salvor, upon payment of all towing and storage charges and
12 the fee authorized in section 7306 (relating to payment of
13 costs upon reclaiming vehicle).
14 (4) State that the failure of the owner or lienholder to
15 reclaim the vehicle is deemed consent by the owner to the
16 destruction, sale or other disposition of the abandoned
17 vehicle and of all lienholders to dissolution of their liens.
18 (c) Notice by publication.--If the identity of the last
19 registered owner and of all lienholders cannot be determined
20 with reasonable certainty, the contents of the notice set forth
21 in subsection (b) shall be published one time in one newspaper
22 of general circulation in the area where the vehicle was
23 abandoned. The notice may contain multiple listings of abandoned
24 vehicles. Notice by publication locally shall be the
25 responsibility of the salvor. The notice shall have the same
26 effect as notice sent by certified mail.
27 § 7306. Payment of costs upon reclaiming vehicle.
28 In the event the owner or lienholder of an abandoned vehicle
29 reclaims the vehicle, the reclaiming party shall pay the costs
30 for towing and storage, plus a fee of $25 of which $10 shall be
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1 transmitted to the department by the salvor.
2 § 7307. Authorization for disposal of unclaimed vehicles.
3 The department shall, after the expiration of 30 days from
4 the date of notice sent by certified mail to the registered
5 owner and all lienholders of record or 30 days after publication
6 of notice, where applicable, and upon receipt of a written
7 statement from the holder of the vehicle that the abandoned
8 vehicle has not been reclaimed by the owner or lienholder within
9 the 30-day period, authorize the disposal of the abandoned
10 vehicle in accordance with the provisions of this chapter.
11 § 7308. Public sale of unclaimed vehicles with value.
12 (a) General rule.--If an abandoned vehicle having value has
13 not been reclaimed as provided in this chapter, the vehicle
14 shall be sold at a public auction.
15 (b) Title of purchaser.--The salvor shall give the purchaser
16 a sales receipt and shall apply to the department for a title
17 which shall be free and clear of all previous liens and claims
18 of ownership.
19 (c) Disposition of proceeds.--From the proceeds of the sale
20 of the abandoned vehicle, the salvor shall be reimbursed for the
21 costs of towing, storage, notice and publication costs and
22 expenses of auction. The remainder of the proceeds of a sale
23 shall be held for the owner of the vehicle or record lienholder
24 for 60 days from the date of sale and if not properly claimed
25 shall then be paid to the department and transmitted to the
26 State Treasurer for deposit in the Motor License Fund.
27 § 7309. Junking of vehicles valueless except for junk.
28 (a) Application for certificate of junk.--If an abandoned
29 vehicle is valueless except for junk, the salvor shall note that
30 fact in the report to the department required in section 7304
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1 (relating to reports to department of possession of abandoned
2 vehicles) and shall apply for issuance of a certificate of junk
3 as provided for in section 1117 (relating to vehicle destroyed
4 or junked).
5 (b) Notice and issuance of certificate.--If the identity of
6 the last registered owner cannot be determined with reasonable
7 certainty and it is impossible to determine with reasonable
8 certainty the identity and addresses of any lienholder, no
9 notice shall be required. Under such circumstances, the
10 department shall upon receipt of the report by the salvor
11 pursuant to section 7304 issue a certificate of junk as provided
12 in section 1117.
13 (c) Reimbursement of expenses of salvor.--Upon receipt
14 within six months of evidence that a salvor has removed an
15 abandoned vehicle upon the request of a police department, the
16 department shall pay to the salvor from the Motor License Fund
17 the sum of $15 for the expenses incurred in the removal and
18 towing of the abandoned vehicle. No portion of $15 payment or
19 any separate consideration shall be reimbursed or paid to any
20 government agency or municipality by the salvor.
21 (d) Rights of owners and lienholders.--Issuance by the
22 department of a certificate of junk for a vehicle junked under
23 this section shall operate as a divestiture of all right, title
24 and interest in the vehicle of the owner and all lienholders.
25 § 7310. Removal of vehicles and spilled cargo from roadway.
26 (a) General rule.--Police officers may remove or direct
27 removal of abandoned or wrecked vehicles and spilled cargo from
28 any roadway to the nearest point off the roadway where the
29 vehicle or spilled cargo will not interfere with or obstruct
30 traffic. Immediately following an accident, the wrecked vehicle
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1 or spilled cargo shall be removed or directed to be removed from
2 the roadway by a police officer if the owner or operator cannot
3 remove the wrecked vehicle or refuses or fails to have the
4 vehicle removed within a reasonable time.
5 (b) Storage of cargo.--When, in the opinion of a police
6 officer, it is deemed necessary for the protection of the
7 contents or load of a wrecked vehicle or spilled cargo from the
8 elements, spoilage or theft, the police officer may remove or
9 direct to be removed and have stored at the expense of the owner
10 the contents or load or spilled cargo at the nearest practical
11 place of storage.
12 (c) Liability for damages.--In carrying out the provisions
13 of this section, no liability shall attach to the police officer
14 or, absent a showing of gross negligence, to any person acting
15 under the direction of the police officer for damage to a
16 vehicle or damage to or loss of any portion of the contents or
17 load or spilled cargo.
18 § 7311. Reports by garage keepers of abandoned vehicles.
19 The person in charge of any garage or repair shop in which a
20 vehicle of unknown ownership has been left for a period of 15
21 consecutive days without being removed by the owner or any other
22 person duly authorized to remove the vehicle shall report to the
23 department within 24 hours of the expiration of the 15-day
24 period giving the make, engine number, vehicle identification
25 number, registration plate number and the name and address of
26 the person abandoning the vehicle if known. Upon receipt of the
27 report the department shall make a distinctive record of the
28 report and file the report in the manner provided in section
29 7114 (relating to records of stolen vehicles).
30 § 7312. Penalty for violation of chapter.
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1 (a) Fines.--Any person violating any of the provisions of
2 this chapter for a first offense is guilty of a summary offense
3 punishable by a fine of not less than $100, and for a subsequent
4 offense is guilty of a misdemeanor of the third degree
5 punishable by a fine of not less than $500.
6 (b) Suspension.--For violation of any of the provisions of
7 this chapter, the salvor shall be subject to suspension of the
8 privilege to receive abandoned vehicles under this chapter.
9 CHAPTER 75
10 MESSENGER SERVICE
11 Sec.
12 7501. Authorization of messenger service.
13 7502. Certificate of authorization.
14 7503. Suspension of authorization.
15 7504. Place of business.
16 7505. Transaction of business with department.
17 7506. Violations and penalties.
18 § 7501. Authorization of messenger service.
19 (a) General rule.--The department shall authorize and shall
20 issue a certificate of authorization to every messenger service
21 that complies with the requirements of this chapter and
22 regulations adopted by the department.
23 (b) Unauthorized operation prohibited.--No person shall
24 operate a messenger service unless authorized.
25 (c) Penalty.--Any person operating a messenger service
26 without authorization is guilty of a summary offense and shall,
27 upon conviction, be sentenced to pay a fine of not less than
28 $200.
29 § 7502. Certificate of authorization.
30 (a) Application and issuance.--Application for a certificate
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1 of authorization shall be made on a form prescribed by the
2 department, accompanied by the applicable fee. The department
3 shall investigate the qualifications and fitness of the
4 applicant and shall issue a certificate of authorization if it
5 determines that the applicant is capable of performing the
6 duties of a messenger service in a manner consistent with the
7 public interest and the applicable fees are paid.
8 (b) Place of business.--Every applicant shall have and
9 maintain an established place of business. If the applicant has
10 or intends to have one or more places of business or branch
11 offices, the application shall contain complete information for
12 each location.
13 (c) Bond required.--Before issuing a certificate of
14 authorization, the department shall require the applicant to
15 furnish and maintain a bond indemnifying the public and the
16 department in the amount of $25,000. An individual bond for each
17 place of business is not required, but all places of business
18 shall be covered by the bond.
19 (d) Commonwealth employees ineligible.--No official or
20 employee of the Commonwealth shall be given authorization to
21 operate as a messenger service, nor own, nor be employed by, a
22 messenger service.
23 (e) Duration and renewal.--Certificates of authorization
24 shall be given for a period of one year and may be renewed
25 annually.
26 § 7503. Suspension of authorization.
27 (a) General rule.--The department shall supervise messenger
28 services and, after providing an opportunity for a hearing,
29 shall suspend the authorization of any messenger service which
30 it finds is not properly operated or which has violated or
19750H1817B2873 - 336 -
1 failed to comply with any of the provisions of this chapter or
2 regulations adopted by the department. Any suspended certificate
3 of authorization shall be returned to the department
4 immediately. A suspended certificate may be restored on such
5 terms and conditions, including the posting of additional bond,
6 as the department shall deem advisable.
7 (b) Judicial review.--Any person whose certificate of
8 authorization has been denied or suspended under this chapter
9 shall have the right to file a petition within 30 days
10 thereafter for a hearing on the matter in the court of common
11 pleas of the county in which the principal place of business of
12 the person is located. The court is hereby vested with
13 jurisdiction and it shall be its duty to set the matter for
14 hearing upon 30 days' written notice to the department and to
15 take testimony and examine into the facts of the case and to
16 determine whether the petitioner is entitled to a certificate of
17 authorization or is subject to suspension of the certificate of
18 authorization under the provisions of this chapter.
19 § 7504. Place of business.
20 (a) Operation with other business.--A messenger service may
21 be operated in conjunction with a closely allied business in
22 accordance with regulations of the department.
23 (b) Change of location.--Upon notification in writing to the
24 department that the location of place of business or branch will
25 be changed and upon payment of the applicable transfer fee, the
26 department shall issue a certificate of authorization for the
27 new location for the unexpired period of authorization if the
28 department determines that the new location conforms to
29 department regulations.
30 (c) Failure to report change of location.--A change of
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1 location or addition of a place of business or branch office
2 without notification to the department shall result in
3 suspension of the certificate of authorization.
4 (d) Display of sign and certificate.--Every messenger
5 service shall display on the outside of each place of business
6 an identifying sign conforming to regulations of the department
7 and shall prominently display within each place of business its
8 certificate of authorization. No person other than an authorized
9 messenger service shall display a similar identifying sign or
10 certificate.
11 § 7505. Transaction of business with department.
12 The department may designate those locations, facilities and
13 hours of operation at which messenger services may transact
14 business with the department. Every messenger service to whom a
15 certificate of authorization has been issued pursuant to this
16 chapter shall be permitted to transact business with the
17 department at the locations and facilities and during the hours
18 of operation designated by the department. The department may
19 prescribe such regulations as may be necessary for the
20 administration of this chapter.
21 § 7506. Violations and penalties.
22 Any person violating any provision of this chapter or the
23 rules and regulations promulgated thereunder for which a
24 specific penalty is not provided is guilty of a summary offense
25 and shall, upon conviction, be sentenced to pay a fine of not
26 less than $100.
27 Section 2. Transition Provisions.
28 (a) Existing points.--All points assigned to the records of
29 licensed persons under former sections 618(b)(2) and 619.1 of
30 the act of April 29, 1959 (P.L.58, No.32), known as "The Vehicle
19750H1817B2873 - 338 -
1 Code," shall be deleted from the records of the licensees and
2 thereafter may not be used as a basis for suspension of
3 operating privileges. The department shall return the licenses
4 of all drivers who are serving suspensions under section
5 618(b)(2) or 619.1. Such drivers shall not drive until they have
6 received their licenses.
7 (b) Purge of records.--All records of suspensions and
8 convictions under former sections 618(b)(2) and 619.1 of "The
9 Vehicle Code," shall be deleted from the records of the licensee
10 and shall not constitute prior suspensions for the purpose of
11 determining the length of suspensions under 75 Pa.C.S. § 1539.
12 The department shall purge its files of all such records.
13 (c) Implementing regulations.--Immediately upon the final
14 enactment of this act, the Department of Transportation shall
15 promulgate regulations to implement the provisions of 75 Pa.C.S.
16 §§ 1535 through 1539 by assigning points as prescribed in 75
17 Pa.C.S. § 1535(a) for similar violations occurring prior to the
18 effective date of this act under the act of April 29, 1959
19 (P.L.58, No.32), known as "The Vehicle Code." The regulations
20 may be promulgated without compliance with statutory
21 requirements relating to notice of proposed rule making and
22 public hearings, may be made effective immediately upon
23 publication in the Pennsylvania Bulletin and may be made
24 retroactive to the date of final enactment of this act.
25 (d) Staggered registration renewal system.--The system of
26 staggered registration renewal provided for in 75 Pa.C.S. § 1307
27 (relating to period of registration) as added by this act shall
28 be implemented during a period of 18 months beginning six months
29 from the date of final enactment of this act in coordination
30 with the expiration of registration periods for various types of
19750H1817B2873 - 339 -
1 vehicles under existing law.
2 (E) EXEMPTION OF EXISTING DRIVERS FROM EXAMINATION.--AT THE <--
3 TIME OF THE FIRST RENEWAL FOLLOWING THE EFFECTIVE DATE OF THIS
4 ACT, A DRIVER HOLDING A VALID DRIVER'S LICENSE ISSUED BY THE
5 DEPARTMENT MAY HAVE THE RENEWED DRIVER'S LICENSE ENDORSED WITH
6 ONE OR MORE CLASSES OF VEHICLES BASED ON EXPERIENCE IN DRIVING
7 THE CLASSES OF VEHICLES WITHOUT UNDERGOING AN EXAMINATION.
8 Section 3. Saving Provision.--The provisions of Title 75 of
9 the Pennsylvania Consolidated Statutes as added by this act
10 shall not affect any act done, liability incurred, or right
11 accrued or vested, or affect any suit or prosecution pending or
12 to be instituted to enforce any right or penalty, or punish any
13 offense, under the authority of any statute repealed by this
14 act.
15 Section 4. Severability.--If any provision of this act or
16 the application thereof to any person or circumstances is held
17 invalid, such invalidity shall not affect other provisions or
18 applications of the act which can be given effect without the
19 invalid provision or application, and to this end the provisions
20 of this act are declared to be severable.
21 Section 5. Repeals.
22 (a) Specific repeals.--The following acts are repealed:
23 Act of April 23, 1889 (P.L.44, No.43), entitled "An act
24 defining the rights and regulating the use of bicycles and
25 tricycles."
26 Act of May 14, 1929 (P.L.1721, No.563), entitled, as amended,
27 "An act providing for the service of process in civil suits on
28 nonresident operators, nonresident owners or nonresident persons
29 in whose behalf a motor vehicle or motor boat is being operated
30 or motor vehicles or motor boats operated within the
19750H1817B2873 - 340 -
1 Commonwealth of Pennsylvania; and making the operation of such a
2 motor vehicle or motor boat on the public highways or on inland
3 or tidal waters of the Commonwealth of Pennsylvania the
4 equivalent of the appointment of the Secretary of the
5 Commonwealth of the Commonwealth of Pennsylvania as the agent of
6 the said nonresident, upon whom civil process may be served; and
7 providing for further notice to the defendant in any such suit."
8 Act of April 29, 1959 (P.L.58, No.32), known as "The Vehicle
9 Code."
10 (b) General repeal.--All other acts and parts of acts are
11 repealed in so far as they are inconsistent herewith.
12 Section 6. Effective Date.
13 (a) General rule.--Except as otherwise provided in this
14 section, this act shall take effect January 1, 1977.
15 (b) Point system.--Sections 1535 (relating to schedule of
16 convictions and points) through 1539 (relating to suspension of
17 operating privilege on accumulation of points) AND SECTION 1541 <--
18 (RELATING TO PERIOD OF REVOCATION OR SUSPENSION OF OPERATING
19 PRIVILEGE) THROUGH 1544 (RELATING TO ADDITIONAL PERIOD OF
20 REVOCATION OR SUSPENSION) of Title 75 as added by this act shall
21 take effect immediately.
22 (C) REMOVAL OF VEHICLES.--SECTION 3352 OF TITLE 75 (RELATING <--
23 TO REMOVAL OF VEHICLE BY OR AT DIRECTION OF POLICE) AS ADDED BY
24 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
25 (C) (D) Tire studs AND ICE GRIPS.--Section 4525(c) of Title <--
26 75 (relating to tire studs AND ICE GRIPS) as added by this act <--
27 shall take effect in four years.
28 (E) SALE, PUBLICATION AND DISCLOSURE OF RECORDS.--SECTION <--
29 6114 OF TITLE 75 (RELATING TO LIMITATION OR SALE, PUBLICATION
30 AND DISCLOSURE OF RECORDS) AS ADDED BY THIS ACT SHALL TAKE
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1 EFFECT IMMEDIATELY.
2 (F) ERECTION OF TRAFFIC-CONTROL DEVICES.--SECTION 6122 OF
3 TITLE 75 (RELATING TO AUTHORITY TO ERECT TRAFFIC-CONTROL
4 DEVICES) AS ADDED BY THIS ACT SHALL TAKE EFFECT JULY 1, 1977.
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