PRINTER'S NO. 2591
No. 2077 Session of 1981
INTRODUCED BY LASHINGER AND SIEMINSKI, NOVEMBER 23, 1981
REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 23, 1981
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, adding provisions relating to operation of and
3 safety requirements for frozen dessert trucks and providing
4 penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 75, act of November 25, 1970 (P.L.707,
8 No.230), known as the Pennsylvania Consolidated Statutes, is
9 amended by adding a chapter to read:
10 CHAPTER 79
11 FROZEN DESSERT TRUCKS
12 Sec.
13 7901. Definitions.
14 7902. Approaching or overtaking stopped frozen dessert truck.
15 7903. Equipment requirements for frozen dessert trucks.
16 7904. Use of flashing lights and stop signal arm.
17 7905. Conditions for vending.
18 7906. Backing up truck to make sale.
1 7907. Riding in or on frozen dessert truck.
2 7908. Penalty for violation of chapter.
3 7901. Definitions.
4 The following words and phrases when used in this chapter
5 shall have, unless the context clearly indicates otherwise, the
6 meanings given to them in this section:
7 "Frozen dessert truck." Every motor vehicle in which frozen
8 desserts are carried for purposes of retail sale on the streets
9 of this Commonwealth.
10 "Frozen desserts." Ice cream, frozen custard, French ice
11 cream, French custard ice cream, sherbet, fruit sherbet, ice
12 milk, ice, water ice, nonfruit sherbets, nonfruit water ices,
13 freezer made milk shakes, quiescently frozen confection,
14 quiescently frozen dairy confection, whipped cream confection,
15 bisque tortoni, artificially sweetened ice cream, artificially
16 sweetened ice milk, special frozen dietary foods, frozen yogurt
17 and mellorine frozen desserts, as all such products are commonly
18 known, together with any such mix used in frozen desserts and
19 any products which are similar in appearance, odor or taste to
20 such products or are prepared or frozen as such products are
21 customarily prepared or frozen whether made with dairy or
22 nondairy products and ice flavored with syrup.
23 "Vend" or "vending." Offering frozen desserts for sale from
24 a motor vehicle on the streets of this Commonwealth.
25 § 7902. Approaching or overtaking stopped frozen dessert truck.
26 (a) General rule.--The driver of a vehicle approaching or
27 overtaking from either direction a frozen dessert truck stopped
28 on the highway shall stop before reaching the truck when the
29 flashing red lights and stop signal arm are in use. After
30 stopping, a driver may proceed past the truck at a reasonable
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1 and prudent speed, not exceeding 15 miles per hour, and shall
2 yield the right-of-way to any pedestrian who crosses the roadway
3 to or from the frozen dessert truck.
4 (b) Separated multiple roadways.--The driver of a vehicle on
5 a highway having dual or multiple roadways separated by safety
6 islands or physical traffic separation installations need not
7 stop upon meeting or passing a frozen dessert truck on another
8 roadway.
9 § 7903. Equipment requirements for frozen dessert trucks.
10 In addition to other equipment required by law, every frozen
11 dessert truck shall be equipped with:
12 (1) Signal lamps mounted at the same level and as high
13 and as widely spaced laterally as practicable. These lamps
14 shall be five to seven inches in diameter and shall display
15 two synchronously flashing amber lights to the front and two
16 synchronously flashing red lights to the rear which are
17 visible at 500 feet in normal sunlight upon a straight level
18 highway.
19 (2) A stop signal arm that can be extended horizontally
20 from the left side of the truck duplicating the design, size
21 and specifications established by department regulations.
22 This arm shall be red and white in color and contain two
23 synchronously flashing lamps three to five inches in diameter
24 visible at 300 feet to the front and rear in normal sunlight
25 upon a straight level highway. The color of the two lights
26 facing to the front shall be amber and the two lights facing
27 to the rear shall be red. The bottom of the signal arm shall
28 be 42 inches above the highway.
29 (3) A convex mirror mounted on the front so the driver
30 in his normal seating position can see the area in front of
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1 the truck obscured by the hood.
2 § 7904. Use of flashing lights and stop signal arm.
3 (a) General rule.--The driver of a frozen dessert truck
4 stopped on the highway for the purpose of vending shall actuate
5 the special red flashing lights and extend the stop signal arm.
6 (b) Limitations on use.--These lights and the stop signal
7 arm shall not be used when the truck is in motion nor at any
8 time the truck is stopped for a purpose other than vending.
9 § 7905. Conditions for vending.
10 The following rules apply to vending:
11 (1) A person shall not vend on streets where the speed
12 limit exceeds 30 miles per hour.
13 (2) A person shall not vend within 500 feet of any
14 property used as a grade or junior high or middle school from
15 one hour before the regular school day to one hour after the
16 regular school day. This paragraph does not apply on days
17 when school is not attended by children nor on school
18 property when vending has been approved in writing by the
19 board of school directors.
20 (3) A person shall vend only when the frozen dessert
21 truck is lawfully parked or stopped.
22 (4) A person shall vend only from the side of the truck
23 away from moving traffic and as near as possible to the curb
24 or edge of the highway.
25 (5) A person shall not vend to a person standing in the
26 roadway.
27 (6) A person shall not stop on the left side of a one-
28 way highway to vend.
29 § 7906. Backing up truck to make sale.
30 The driver of a frozen dessert truck shall not back up the
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1 truck to make or attempt a sale.
2 § 7907. Riding in or on frozen dessert truck.
3 (a) General rule.--The driver of a frozen dessert truck
4 shall not permit any unauthorized person to ride in or on the
5 vehicle.
6 (b) Authorized persons.--A person shall not ride in or on a
7 frozen dessert truck unless employed by its owner or unless
8 authorized in writing to do so by the owner or police
9 department.
10 § 7908. Penalty for violation of chapter.
11 Any person violating any of the provisions of this chapter is
12 guilty of a summary offense, punishable by a fine of $100 or
13 imprisonment for not more than 30 days, or both.
14 Section 2. This act shall take effect in 60 days.
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