PRIOR PRINTER'S NO. 1589                      PRINTER'S NO. 1938

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1332 Session of 1983


        INTRODUCED BY RUDY, JULY 6, 1983

        AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, OCTOBER 12, 1983

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for the removal of points AND      <--
     3     PENALTIES RELATED TO SPEEDING.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1538(b)(3) SECTIONS 1535(A), 1538(C),      <--
     7  1545 AND 3362(C) of Title 75 of the Pennsylvania Consolidated
     8  Statutes is ARE amended to read:                                  <--
     9  § 1535.  SCHEDULE OF CONVICTIONS AND POINTS.                      <--
    10     (A)  GENERAL RULE.--A POINT SYSTEM FOR DRIVER EDUCATION AND
    11  CONTROL IS HEREBY ESTABLISHED WHICH IS RELATED TO OTHER
    12  PROVISIONS FOR USE, SUSPENSION AND REVOCATION OF THE OPERATING
    13  PRIVILEGE AS SPECIFIED UNDER THIS TITLE. EVERY DRIVER LICENSED
    14  IN THIS COMMONWEALTH WHO IS CONVICTED OF ANY OF THE FOLLOWING
    15  OFFENSES SHALL BE ASSESSED POINTS AS OF THE DATE OF VIOLATION IN
    16  ACCORDANCE WITH THE FOLLOWING SCHEDULE:
    17  SECTION NUMBER                 OFFENSE                  POINTS


     1     1512                VIOLATION OF RESTRICTION ON
     2                         DRIVER'S LICENSE.                   2
     3     1571                VIOLATIONS CONCERNING LICENSES.     3
     4     3102                FAILURE TO OBEY POLICEMAN OR
     5                         AUTHORIZED PERSON.                  2
     6     3112(A)(3)(I)       FAILURE TO STOP FOR A RED LIGHT.    3
     7     3114(A)(1)          FAILURE TO STOP FOR A FLASHING
     8                         RED LIGHT.                          3
     9     3302                FAILURE TO YIELD HALF OF ROADWAY
    10                         TO ONCOMING VEHICLE.                3
    11     3303                IMPROPER PASSING.                   3
    12     3304                OTHER IMPROPER PASSING.             3
    13     3305                OTHER IMPROPER PASSING.             3
    14     3306(A)(1)          OTHER IMPROPER PASSING.             4
    15     3306(A)(2)          OTHER IMPROPER PASSING.             3
    16     3306(A)(3)          OTHER IMPROPER PASSING.             3
    17     3307                OTHER IMPROPER PASSING.             3
    18     3310                FOLLOWING TOO CLOSELY.              3
    19     3321                FAILURE TO YIELD TO DRIVER ON THE
    20                         RIGHT AT INTERSECTION.              3
    21     3322                FAILURE TO YIELD TO ONCOMING
    22                         DRIVER WHEN MAKING LEFT TURN.       3
    23     3323(B)             FAILURE TO STOP FOR STOP SIGNS.     3
    24     3324                FAILURE TO YIELD WHEN ENTERING OR
    25                         CROSSING ROADWAY BETWEEN INTER-
    26                         SECTIONS.                           3
    27     3332                IMPROPER TURNING AROUND.            3
    28     3341                FAILURE TO STOP FOR FLASHING RED
    29                         LIGHTS OR GATE AT RAILROAD
    30                         CROSSING.                           3
    19830H1332B1938                  - 2 -

     1     3344                FAILURE TO STOP WHEN ENTERING FROM
     2                         ALLEY, DRIVEWAY OR BUILDING.        3
     3     3345(A)             FAILURE TO STOP FOR SCHOOL BUS
     4                         WITH FLASHING RED LIGHTS.           5
     5                                         (AND 30 DAYS SUSPENSION)
     6     3361                DRIVING TOO FAST FOR CONDITIONS.    2
     7     3362                EXCEEDING MAXIMUM SPEED.--OVER LIMIT:
     8                                                 [6-10       2]
     9                                                 11-15       3
    10                                                 16-25       4
    11                                                 26-30       5
    12                                                 31-OVER     5
    13                                         (AND DEPARTMENTAL HEARING
    14                                         AND SANCTIONS PROVIDED
    15                                         UNDER SECTION 1538(D))
    16     3365(B)             EXCEEDING SPECIAL SPEED LIMIT
    17                         IN SCHOOL ZONES.                    3
    18     3365(C)             EXCEEDING SPECIAL SPEED LIMIT
    19                         FOR TRUCKS ON DOWNGRADES.           3
    20     3542(A)             FAILURE TO YIELD TO PEDESTRIANS IN
    21                         CROSSWALK.                          2
    22     3547                FAILURE TO YIELD TO PEDESTRIAN ON
    23                         SIDEWALK.                           3
    24     3549(A)             FAILURE TO YIELD TO BLIND
    25                         PEDESTRIAN.                         3
    26     3702                IMPROPER BACKING.                   3
    27     3714                RECKLESS DRIVING.                   3
    28     3745                LEAVING SCENE OF ACCIDENT
    29                         INVOLVING PROPERTY DAMAGE ONLY.     4
    30     * * *
    19830H1332B1938                  - 3 -

     1  § 1538.  School, examination or hearing on accumulation of
     2           points or excessive speeding.
     3     * * *
     4     (b)  Second accumulation of six points.--                      <--
     5         * * *
     6         (3)  Upon completion of the sanction or sanctions imposed
     7     by the department, [two points shall be removed from] the
     8     person's record shall show five points, except that any
     9     additional points assessed against the person since the date
    10     of the last violation resulting in the sanction or sanctions
    11     shall be added to the five points.
    12     * * *
    13     (C)  SUBSEQUENT ACCUMULATIONS OF SIX POINTS.--WHEN ANY         <--
    14  PERSON'S RECORD HAS BEEN REDUCED BELOW SIX POINTS AND FOR THE
    15  THIRD OR SUBSEQUENT TIME SHOWS AS MANY AS SIX POINTS, THE
    16  DEPARTMENT SHALL REQUIRE THE DRIVER TO ATTEND A DEPARTMENTAL
    17  HEARING TO DETERMINE WHETHER THE PERSON'S OPERATING PRIVILEGE
    18  SHOULD BE SUSPENDED FOR A PERIOD NOT TO EXCEED 30 DAYS. UPON
    19  COMPLETION OF THE 30-DAY SUSPENSION, TWO POINTS SHALL BE REMOVED
    20  FROM THE PERSON'S RECORD. FAILURE TO ATTEND THE HEARING OR TO
    21  COMPLY WITH THE REQUIREMENTS OF THE FINDINGS OF THE DEPARTMENT
    22  SHALL RESULT IN THE SUSPENSION OF THE OPERATING PRIVILEGE UNTIL
    23  THE PERSON HAS COMPLIED.
    24     * * *
    25  § 1545.  RESTORATION OF OPERATING PRIVILEGE.
    26     UPON THE RESTORATION OF ANY PERSON'S OPERATING PRIVILEGE
    27  WHICH HAS BEEN SUSPENDED [OR REVOKED PURSUANT TO THIS
    28  SUBCHAPTER] PURSUANT TO SECTION 1539 (RELATING TO SUSPENSION OF
    29  OPERATING PRIVILEGE ON ACCUMULATION OF POINTS), SUCH PERSON'S
    30  RECORD SHALL SHOW FIVE POINTS, EXCEPT THAT ANY ADDITIONAL POINTS
    19830H1332B1938                  - 4 -

     1  [ASSESSED AGAINST THE PERSON] ASSIGNED TO THE PERSON'S RECORD
     2  SINCE THE DATE OF THE LAST VIOLATION RESULTING IN THE SUSPENSION
     3  OR REVOCATION SHALL BE ADDED TO SUCH FIVE POINTS UNLESS THE
     4  PERSON HAS SERVED AN ADDITIONAL PERIOD OF SUSPENSION OR
     5  REVOCATION PURSUANT TO SECTION 1544(A) (RELATING TO ADDITIONAL
     6  PERIOD OF REVOCATION OR SUSPENSION). [THIS SECTION SHALL NOT
     7  APPLY TO SECTION 1533 (RELATING TO SUSPENSION OF OPERATING
     8  PRIVILEGE FOR FAILURE TO RESPOND TO CITATION).]
     9  § 3362.  MAXIMUM SPEED LIMITS.
    10     * * *
    11     (C)  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 [$35] $5. ANY PERSON EXCEEDING THE MAXIMUM SPEED
    14  LIMIT BY MORE THAN [FIVE] TEN MILES PER HOUR SHALL PAY AN
    15  ADDITIONAL FINE OF $2 PER MILE FOR EACH MILE IN EXCESS OF [FIVE]
    16  TEN MILES PER HOUR OVER THE MAXIMUM SPEED LIMIT.
    17     Section 2.  This act shall take effect in 60 days.             <--
    18     Section 2.  This act shall take effect in 120 days.








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