SENATE AMENDED
PRIOR PRINTER'S NO. 2519 PRINTER'S NO. 3179
No. 1921 Session of 1984
INTRODUCED BY LETTERMAN, GRIECO, SCHEETZ, GODSHALL, RYAN,
SALOOM, OLASZ, MANDERINO, SEVENTY, MARKOSEK, BURD, LLOYD AND
DeWEESE, FEBRUARY 8, 1984
SENATOR FISHER, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE,
AS AMENDED, JUNE 13, 1984
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for the registration and regulation of
3 certain off-road ALL-TERRAIN vehicles including but not <--
4 limited to all-terrain vehicles and trail bikes; and imposing
5 powers and duties on the Department of Environmental
6 Resources.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The heading of Chapter 77 of Title 75 of the
10 Pennsylvania Consolidated Statutes is amended to read:
11 CHAPTER 77
12 SNOWMOBILES AND OFF-ROAD ALL-TERRAIN VEHICLES <--
13 Section 2. Sections 7701, 7702, 7706, 7711, 7712, 7713,
14 7714, 7715, 7716, 7721, 7722, 7723, 7724, 7725, 7726, 7727,
15 7728, 7729, 7741, 7742, 7743, 7751 and 7752 of Title 75 are
16 amended to read:
17 § 7701. Short title of chapter.
18 This chapter shall be known and may be cited as the
1 "Snowmobile and Off-Road ALL-TERRAIN Vehicle Law." <--
2 § 7702. Definitions.
3 The following words and phrases when used in this chapter
4 shall have, unless the context clearly indicates otherwise, the
5 meanings given to them in this section:
6 "All-terrain vehicle" or "ATV." A lightweight motor-driven <--
7 recreational vehicle using multitrack, multiwheel or low
8 pressure tires and capable of cross-country travel without the
9 benefit of road or trail on, in or over land, water, snow, ice,
10 marsh or other natural terrain. The term does not include a
11 snowmobile or trail bike. A MOTORIZED OFF-HIGHWAY VEHICLE, 45 <--
12 INCHES OR LESS IN WIDTH, HAVING A DRY WEIGHT OF 500 POUNDS OR
13 LESS, TRAVELING ON THREE OR MORE LOW PRESSURE TIRES AND HAVING A
14 SEAT DESIGNED TO BE STRADDLED BY THE OPERATOR. THE VEHICLES
15 SHALL BE CLASS I ALL-TERRAIN VEHICLES. THIS TERM DOES NOT
16 INCLUDE A SNOWMOBILE, A TRAIL BIKE, MOTORBOATS, GOLF CARTS,
17 AIRCRAFT, DUNE BUGGIES, AUTOMOBILES, CONSTRUCTION MACHINES,
18 TRUCKS, HOME UTILITY MACHINES; MILITARY, FIRE, EMERGENCY AND LAW
19 ENFORCEMENT VEHICLES; AND VEHICLES USED BY THE DEPARTMENT OR AN
20 OFF-ROAD VEHICLE NOT GENERALLY USED FOR OUTDOOR RECREATION.
21 "Cowling." The forward portion of the snowmobile, usually of
22 fiberglass or similar material, surrounding the motor and clutch
23 assembly.
24 "Dealer." A person engaged in the business of selling
25 snowmobiles or off-road ALL-TERRAIN vehicles at wholesale or <--
26 retail.
27 "Department." The Department of Environmental Resources of
28 the Commonwealth.
29 "Head lamp." A major lighting device used to provide general
30 illumination ahead of a vehicle.
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1 "Highway." The entire width between the boundary lines of
2 every way publicly maintained when any part thereof is open to
3 the use of the public for purposes of vehicular travel.
4 "Off-road vehicle" or "ORV." A vehicle which is designed and <--
5 intended for off-road use on or over land, water, snow, ice,
6 marsh or other natural terrain with or without the benefit of
7 road or trail and which is not registered for operation on the
8 highway pursuant to Part II (relating to title, registration and
9 licensing). Examples of the ORV's covered under this chapter
10 include, but are not limited to, all-terrain vehicles and trail
11 bikes. The term does not include vehicles owned and operated by
12 the department, snowmobiles, motorboats, golf carts, aircraft,
13 farm, industrial or forest harvest vehicles, dune buggies,
14 automobiles, trucks, construction machines, home utility
15 vehicles, military, fire, emergency or law enforcement vehicles,
16 or other off-road vehicles not generally used for outdoor
17 recreation.
18 "LOW PRESSURE TIRE." A PNEUMATIC TIRE, SIX INCHES OR MORE IN <--
19 WIDTH DESIGNED FOR USE ON WHEELS WITH A REAR DIAMETER OF 12
20 INCHES OR LESS AND UTILIZING AN OPERATING PRESSURE OF TEN POUNDS
21 PER SQUARE INCH OR LESS, AS RECOMMENDED BY THE VEHICLE
22 MANUFACTURER.
23 "Snowmobile." An engine-driven vehicle of a type which
24 utilizes sled type runners, or skis, or an endless belt tread or
25 any combination of these or other similar means of contact with
26 the surface upon which it is operated. The term does not include
27 any farm tractor, highway or other construction equipment, or
28 any military or law enforcement vehicle.
29 "Street." A highway, other than an alley, within the
30 corporate limits of a political subdivision.
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1 "Tail lamp." A device to designate the rear of a vehicle by
2 a warning light.
3 "Trail bike." A lightweight motor-driven recreational <--
4 vehicle designed to travel on not more than three wheels and
5 used for cross-country travel on land with or without the
6 benefit of a road or trail. The term includes, but is not
7 limited to, dual-purpose motorcycles, trail bikes, mini bikes
8 and other similar wheeled recreational vehicles.
9 § 7706. Restricted receipts fund.
10 (a) Deposit and use of moneys.--The department shall deposit
11 all moneys received from the registration of snowmobiles and
12 ORVs ATVS, the sale of snowmobile and ORV ATV registration <--
13 information, snowmobile and ORV ATV publications and other <--
14 services provided by the department, all fines and penalties
15 resulting from violations of this chapter, and all fees
16 collected under this chapter in a restricted receipts fund, from
17 which the department shall draw moneys for use in carrying out
18 the registration, safety education and enforcement requirements
19 of this chapter as well as the establishment, construction and
20 maintenance of trails and any equipment and supplies necessary
21 to carry out the purposes of this chapter. All moneys in said
22 fund not heretofore paid into the General Fund shall remain in
23 said restricted receipts fund to be used as specified in this
24 chapter.
25 (b) Audit of moneys.--The restricted receipts fund shall be
26 audited every two years.
27 § 7711. Registration of dealers.
28 Any person who is in the business of selling snowmobiles or
29 ORVs ATVS shall register as a dealer. The department, upon <--
30 receipt of application and the required fee, shall assign a
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1 distinguishing dealer registration number to the registrant and
2 issue appropriate registration certificate to him. Dealer
3 registrations are not transferable.
4 § 7712. Registration of snowmobiles and ORVs ATVS. <--
5 (a) General rule.--Upon application therefor upon a form
6 prescribed and furnished by the department which shall contain a
7 full description of the snowmobile or ORV ATV, the actual and <--
8 bona fide name and address of the owner, proof of ownership and
9 any other information the department may reasonably require, and
10 which shall be accompanied by the required fee, the department
11 shall issue a certificate of registration of a snowmobile or an
12 ORV ATV and a decal showing the expiration date to the owner. <--
13 (b) Temporary registration.--Temporary registration for a
14 period not to exceed 45 days may be issued by a registered
15 dealer pursuant to rules and regulations promulgated by the
16 department.
17 (c) Fees.--Fees for registration of snowmobiles and ORVs <--
18 ATVS to be collected by the department under this chapter are as <--
19 follows:
20 (1) Each individual resident registration for two years,
21 $10 for a snowmobile and $20 for an ORV ATV. <--
22 (2) Each individual nonresident registration for two
23 years, $10 for a snowmobile and $20 for an ORV ATV. <--
24 (3) Each dealer registration for one year, $25.
25 (4) Replacement of a lost, mutilated or destroyed
26 certificate or decal, $1.
27 (d) Exemptions from fees.--No fee is required for the
28 registration of snowmobiles or ORVs ATVS owned by: <--
29 (1) The Commonwealth.
30 (2) Political subdivisions.
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1 (3) Volunteer organizations and used exclusively for
2 emergency purposes.
3 § 7713. Certificates of registration and decals.
4 (a) General rule.--Except as otherwise provided in this
5 chapter, it is unlawful to operate a snowmobile or an ORV ATV <--
6 unless a certificate of registration has been issued therefor
7 and unless there is displayed thereon the permanent or temporary
8 registration number and a valid decal.
9 (b) Registration number requirements.--Numbers corresponding
10 to the permanent registration number of the snowmobile or ORV <--
11 ATV, shown on the certificate of registration, shall be obtained <--
12 by the applicant and affixed to the snowmobile or ORV ATV. The <--
13 permanent registration number displayed on the snowmobile or ORV <--
14 ATV shall be of a color which will contrast with the surface to <--
15 which applied, shall be reflective and shall be at least three
16 inches high.
17 (c) Display of number and decal.--The decal and the
18 permanent registration number shall be displayed on both sides
19 of the cowling of the snowmobile for which issued. No number
20 other than the number assigned to a snowmobile by the department
21 or the identification number of the registration in another
22 state shall be attached to or displayed on the cowling. The
23 department shall by regulation prescribe the manner in which the
24 decal and registration number shall be displayed on various
25 types of ORVs ATVS. <--
26 (d) Expiration on transfer.--The certificate of registration
27 issued for a snowmobile or an ORV ATV shall expire and the decal <--
28 shall become invalid when title to the snowmobile or ORV ATV is <--
29 transferred.
30 (e) Suspension or revocation.--The department may suspend or
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1 revoke the certification of registration for a snowmobile or an
2 ORV ATV upon conviction of the owner of any offense under this <--
3 chapter.
4 § 7714. Exemptions from registration.
5 No certificate of registration or decal shall be required for
6 a snowmobile or an ORV ATV: <--
7 (1) Owned and used by the United States or another
8 state, or a political subdivision thereof, but such
9 snowmobile shall display the name of the owner on the cowling
10 thereof and such ORV ATV shall display the name of the owner <--
11 in a manner prescribed by regulation of the department.
12 (2) Covered by a valid registration or license of
13 another state, province or country.
14 (3) Owned and operated on lands owned by the owner or
15 operator of the snowmobile or ORV ATV or on lands to which he <--
16 has a contractual right other than as a member of a club or
17 association, provided the snowmobile or ORV ATV is not <--
18 operated elsewhere within this Commonwealth.
19 § 7715. Reciprocity.
20 The provisions of this chapter relating to certificates of
21 registration and decals shall not apply to nonresident owners
22 who have complied with the registration and licensing laws of
23 the state, province, district or country of residence, provided
24 that the snowmobile or ORV ATV is appropriately identified in <--
25 accordance with the laws of the state of residence.
26 § 7716. Central registration file.
27 The department shall maintain a central file of the
28 certificate of registration number, name and address of the
29 owner of each snowmobile and ORV ATV for which a certificate of <--
30 registration is issued and such information shall be made
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1 available to all enforcement agencies.
2 § 7721. Operation on streets and highways.
3 (a) General rule.--Except as otherwise provided in this
4 chapter, it is unlawful to operate a snowmobile or an ORV ATV on <--
5 any street or highway which is not designated and posted as a
6 snowmobile or an ORV ATV road by the governmental agency having <--
7 jurisdiction.
8 (b) Emergency and bridge crossings.--A snowmobile or an ORV <--
9 ATV may be operated on highways and streets: <--
10 (1) During periods of emergency when so declared by a
11 policy agency having jurisdiction.
12 (2) When necessary to cross a bridge or culvert.
13 (c) Crossing street or highway.--A snowmobile or an ORV ATV <--
14 may make a direct crossing of a street or two-lane highway upon
15 compliance with the following requirements:
16 (1) The crossing is made at an angle of approximately 90
17 degrees to the direction of the highway and at a place where
18 no obstruction prevents a quick and safe crossing.
19 (2) The snowmobile or ORV ATV is brought to a complete <--
20 stop before crossing the shoulder or main-traveled way of the
21 highway.
22 (3) The driver yields the right-of-way to all oncoming
23 traffic which constitutes an immediate hazard.
24 (4) In crossing a divided highway, the crossing is made
25 only at an intersection of such highway with another public
26 street or highway.
27 § 7722. Designation of snowmobile and ORV ATV roads. <--
28 (a) General rule.--The Department of Transportation on
29 State-designated highways and local authorities on any highway,
30 road or street within its jurisdiction may designate any
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1 highway, road or street within its jurisdiction as a snowmobile
2 road, an ORV ATV road, or both, and may, in its discretion, <--
3 determine whether such road shall be closed to vehicular traffic
4 or whether snowmobiles and ORVs ATVS may share this designated <--
5 road with vehicular traffic.
6 (b) Posting notices.--Adequate notices of such designation
7 and determination shall be sufficiently and prominently
8 displayed.
9 (c) Liability.--There shall be no liability imposed on the
10 Department of Transportation or any other State agency or any
11 political subdivision of this Commonwealth as a result of
12 designating any highway, road or street as a snowmobile road or
13 an ORV ATV road as provided in subsection (a). <--
14 § 7723. Special snowmobile and ORV ATV events. <--
15 (a) General rule.--Snowmobiles and ORVs ATVS may be operated <--
16 on highways and streets for special snowmobile and ORV ATV <--
17 events of limited duration which are conducted according to a
18 prearranged schedule under permit from the governmental agency
19 having jurisdiction.
20 (b) Authority of local authorities.--A local authority may
21 block off highways and streets within its jurisdiction for the
22 purpose of allowing snowmobile and ORV ATV races, rallies or <--
23 derbies. No State trunk highway or connecting street, or part
24 thereof, shall be blocked off by any local authority for any
25 snowmobile or ORV ATV race, rally or derby. <--
26 (c) Notification and duty of police.--A local authority
27 shall notify the local police department and the county
28 sheriff's office at least one week in advance of the time and
29 place of any snowmobile or ORV ATV race, rally or derby which <--
30 may result in any highway or street, or part thereof, being
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1 blocked off. Upon such notice, the local police department shall
2 take such measures as it deems appropriate to protect persons
3 and property and to regulate traffic in the designated area and
4 its vicinity on the day of such race, rally or derby.
5 § 7724. Operation on private or State property.
6 (a) Private property.--No person shall operate a snowmobile
7 or an ORV ATV on private property without the consent of the <--
8 owner of or lessor thereof. Any person operating a snowmobile or
9 an ORV ATV upon lands of another shall stop and identify himself <--
10 upon the request of the landowner or his duly authorized
11 representatives and, if requested to do so by the landowner,
12 shall promptly remove the snowmobile or ORV ATV from the <--
13 premises.
14 (b) State property.--No person shall operate a snowmobile or
15 an ORV ATV on State-owned property except on clearly marked and <--
16 previously designated snowmobile or ORV ATV routes. The <--
17 department may designate any road within a State Park or State
18 Forest over which the department has jurisdiction as a
19 snowmobile road or an ORV ATV road, or both, and may, in its <--
20 discretion, determine whether the road shall be closed to
21 vehicular traffic or whether snowmobiles and ORVs ATVS may share <--
22 the designated road with vehicular traffic. Adequate notices of
23 such designation and determination shall be sufficiently and
24 prominently displayed.
25 § 7725. Operation by persons under age sixteen.
26 (a) Snowmobile and ORV ATV safety certification.--[Except] <--
27 UPON IMPLEMENTATION OF A SAFETY CERTIFICATION PROGRAM AND EXCEPT <--
28 as otherwise provided in this section, no person ten years of
29 age and over who has not reached 16 years of age shall operate a
30 snowmobile or an ORV ATV in this Commonwealth, except upon lands <--
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1 of his parent or guardian, unless and until he has received
2 safety training as prescribed by the department and has received
3 the appropriate snowmobile or ORV ATV safety certificate issued <--
4 by the department. The department may authorize sanctioned
5 snowmobile and ORV ATV clubs to act as agents in conducting <--
6 classes and examinations and issuing snowmobile and ORV ATV <--
7 safety certificates in the name of the department.
8 (b) Failure to exhibit certificate.--The failure of an
9 operator to exhibit a snowmobile or an ORV ATV safety <--
10 certificate upon demand to any police officer having authority
11 to enforce the provisions of this chapter shall be presumptive
12 evidence that such person is not the holder of such certificate.
13 (c) Permitting unauthorized operation.--No owner of a
14 snowmobile or an ORV ATV shall authorize or permit the operation <--
15 thereof within this Commonwealth by any person under the age of
16 16 years unless the operator is the holder of a valid snowmobile
17 or ORV ATV safety certificate or except as authorized by <--
18 subsection (a).
19 (d) Limitations on operation.--No person:
20 (1) Under the age of 16 years shall drive a snowmobile
21 or ORV ATV across any highway or connecting street thereto. <--
22 (2) Under the age of ten years shall operate a
23 snowmobile or an ORV without the knowledge and express <--
24 consent of the landowner unless he is accompanied by a person
25 over 18 years of age or a person over 14 years of age who
26 holds a snowmobile or an ORV safety certificate. <--
27 (3) UNDER THE AGE OF FIVE YEARS MAY OPERATE AN ATV ON <--
28 STATE LAND. BETWEEN THE AGES OF FIVE AND TEN, THE MINOR MUST
29 BE ACCOMPANIED BY A PERSON OVER THE AGE OF 18.
30 § 7726. Operation in safe manner.
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1 (a) General rule.--No person shall operate a snowmobile or
2 an ORV ATV in any of the following ways: <--
3 (1) At a rate of speed that is unreasonable or improper
4 under existing conditions.
5 (2) In any careless way so as to endanger the person or
6 property of another.
7 (3) While under the influence of alcohol or any
8 controlled substance.
9 (b) Permitting unsafe operation.--No owner or other person
10 having charge or control of a snowmobile or an ORV ATV shall <--
11 knowingly authorize or permit the operation of the snowmobile or
12 ORV ATV by any person who is incapable to do so by reason of <--
13 age, physical or mental disability, or who is under the
14 influence of alcohol or any controlled substance.
15 § 7727. Additional limitations on operation.
16 Except as otherwise permitted under the act of June 3, 1937
17 (P.L.1225, No.316), known as ["The Game Law,"] The Game Law, no
18 person shall:
19 (1) Operate or ride in any snowmobile or ORV ATV with <--
20 any bow and arrows or with any firearm in his possession
21 unless it is unloaded.
22 (2) Drive or pursue any wildlife with a snowmobile or an
23 ORV ATV. <--
24 § 7728. Accidents and accident reports.
25 (a) Duty to stop and provide information.--Whenever any
26 snowmobile or ORV ATV is involved in an accident resulting in <--
27 loss of life, personal injury or damage to property and the
28 operator thereof has knowledge of such accident, he shall stop
29 and give his name and address, the name and address of the owner
30 thereof and the registration number of the snowmobile or ORV ATV <--
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1 to the injured person or the person sustaining the damage or to
2 a police officer. In case no police officer nor the person
3 sustaining the damage is present at the place where the damage
4 occurred, then the operator shall immediately report, as soon as
5 he is physically able, the accident to the nearest law
6 enforcement agency.
7 (b) Report of accident to department.--The operator of any
8 snowmobile or ORV ATV involved in any accident resulting in <--
9 injuries to or death of any person or resulting in property
10 damage to the estimated amount of $100 or more shall, within
11 seven days after such accident, report the matter in writing to
12 the department. If the operator is physically incapable of
13 making the report and there is another participant in the
14 accident not so incapacitated, the participant shall make the
15 report within the prescribed period of time after the accident.
16 In the event that there is no other participant and the operator
17 is other than the owner, then the owner shall within the
18 prescribed period of time, after learning of the facts of such
19 accident, report the matter to the department, together with
20 such information as may have come to his knowledge relating to
21 such accident. Every operator or owner of a snowmobile or an ORV <--
22 ATV in an accident, or surviving participant of any such <--
23 accident, shall make such other and additional reports as the
24 department shall require.
25 (c) Report by law enforcement officer.--A law enforcement
26 officer who investigates or receives information of an accident
27 involving a snowmobile or an ORV ATV shall make a written report <--
28 of the investigation or information received, and such
29 additional facts relating to the accident as may come to his
30 knowledge, and mail the same within 48 hours to the department
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1 and keep a record thereof in his office.
2 (d) Exception.--This section does not apply when property
3 damage is sustained in sanctioned snowmobile or ORV ATV races, <--
4 derbies and rallies.
5 § 7729. Liability of owner for negligence.
6 (a) General rule.--Negligence in the use or operation of a
7 snowmobile or an ORV ATV is attributable to the owner. Every <--
8 owner of a snowmobile or an ORV ATV used or operated in this <--
9 Commonwealth shall be liable and responsible for death or injury
10 to person or damage to property resulting from negligence in the
11 use or operation of such snowmobile or ORV ATV by any person <--
12 using or operating the snowmobile or ORV ATV with the <--
13 permission, express or implied, of such owner.
14 (b) Exception.--The negligence of the operator shall not be
15 attributed to the owner as to any claim or cause of action
16 accruing to the operator or his legal representative for such
17 injuries or death.
18 § 7741. Head lamps and tail lamps.
19 (a) Time of operation.--Every snowmobile or ORV ATV operated <--
20 during hours of darkness shall display a lighted head lamp and
21 tail lamp. The lights shall be in operation during the period of
22 from one-half hour after sunset to one-half hour before sunrise
23 and at any time when, due to insufficient light or unfavorable
24 atmospheric conditions caused by fog or otherwise, other
25 persons, vehicles and other objects are not clearly discernible
26 for a distance of 500 feet ahead.
27 (b) Head lamp requirements.--The head lamp shall display
28 white light of sufficient illuminating power to reveal any
29 person, vehicle or substantial object at a distance of 100 feet
30 ahead.
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1 (1) If the snowmobile or ORV ATV is equipped with a <--
2 multiple beam head lamp, the upper beam shall meet the
3 minimum requirements set forth in this section and the
4 lowermost beam shall be so aimed and of sufficient intensity
5 to reveal persons and vehicles at a distance of at least 50
6 feet ahead.
7 (2) If the snowmobile or ORV ATV is equipped with a <--
8 single beam head lamp, the lamp shall be so aimed that when
9 the vehicle is loaded none of the high intensity portion of
10 the light, at a distance of 75 feet ahead, projects higher
11 than the level of the center of the lamp from which it comes.
12 (c) Tail lamp requirements.--The tail lamp shall display a
13 red light plainly visible during darkness from a distance of 500
14 feet. The tail lamp on an ORV shall be of a type which activates <--
15 or illuminates more brightly when the brakes are applied.
16 § 7742. Brakes.
17 (a) Snowmobiles.--It is unlawful to operate a snowmobile
18 which is not equipped with at least one brake of a design
19 approved by the department operated either by hand or by foot,
20 capable of bringing the snowmobile to a stop, under normal
21 conditions, within 40 feet when traveling at a speed of 20 miles
22 per hour with a 150 pound driver and on hard packed snow, or
23 locking its traction belt or belts. The design shall permit
24 simple and easy adjustment to compensate for wear.
25 (b) ORVS ATVS.--It is unlawful to operate an ORV ATV which <--
26 is not equipped with a braking system which may be operated by
27 hand or foot, capable of producing deceleration of 14 feet per
28 second on level ground at a speed of 20 miles per hour, and the
29 design must permit simple and easy adjustment to compensate for
30 wear.
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1 § 7743. Mufflers and noise control.
2 (a) General rule.--It is unlawful to operate a snowmobile or
3 an ORV ATV which is not equipped at all times with a muffler in <--
4 good working order which blends the exhaust noise into the
5 overall snowmobile or ORV ATV noise and is in constant operation <--
6 to prevent excessive or unusual noise. The exhaust system shall
7 not emit or produce a sharp popping or crackling sound. The
8 sound intensity produced by a snowmobile shall not exceed 82dbA
9 when measured in accordance with SAE Recommended Practice J 192
10 Exterior Sound Level for Snowmobiles, as amended. The department
11 may by regulation adopt more stringent noise requirements for
12 snowmobiles. The department shall by regulation adopt noise
13 requirements for various types of ORVs IN-USE OPERATION OF ATVS <--
14 USING MEASUREMENT PROCEDURES IN ACCORDANCE WITH SAE RECOMMENDED
15 PRACTICE, J1287 JUNE 1980, MEASUREMENT OF EXHAUST LEVEL OF
16 STATIONARY MOTORCYCLES. THE SOUND LEVEL INTENSITY PRODUCED BY AN
17 ATV SHALL NOT EXCEED 99 DBA, OR DECIBELS, WHEN MEASURED AT 20
18 INCHES.
19 (b) Modified mufflers prohibited.--It is unlawful to modify
20 a muffler or to operate a snowmobile or an ORV ATV with a <--
21 modified muffler.
22 (c) Exception.--This section does not apply to organized
23 races or similar competitive events.
24 § 7751. Enforcement personnel and procedures.
25 (a) Duty of enforcement.--Every law enforcement officer in
26 this Commonwealth and designated officers and employees of the
27 department shall enforce the provisions of this chapter.
28 (b) Forms and procedures.--The department may prescribe the
29 form of summons or complaint, or both, in all cases involving a
30 violation of any provision of this chapter or of any ordinance,
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1 rule or regulation relating to snowmobiles or ORVs ATVS, or of <--
2 any class or category of such cases, and may establish
3 procedures for proper administrative controls over the
4 disposition thereof.
5 (c) Records and reports.--The chief executive officer of
6 each local police force, sheriffs and the Commissioner of the
7 Pennsylvania State Police shall prepare or cause to be prepared
8 such records and reports as may be prescribed under this
9 section.
10 (d) Rules and regulations.--The department may promulgate
11 such rules and regulations as may be deemed necessary to
12 accomplish the purposes and enforce the provisions of this
13 section including requirements for reporting by trial courts
14 having jurisdiction over snowmobile and ORV ATV violations. <--
15 § 7752. Penalties for violation of chapter.
16 (a) General rule.--Except as provided in subsection (b), any
17 person violating any of the provisions of this chapter is guilty
18 of a summary offense and shall, upon conviction:
19 (1) For a first offense, be sentenced to pay a fine of
20 not less than $10 nor more than $50 and costs of prosecution
21 and, in default of the payment thereof, shall undergo
22 imprisonment for not more than ten days.
23 (2) For a second offense, be sentenced to pay a fine of
24 not less than $25 nor more than $100 and costs of prosecution
25 and, in default of the payment thereof, shall undergo
26 imprisonment for not more than 30 days.
27 (b) Unauthorized disposition of forms.--Any person who
28 disposes of any [uniform snowmobile] summons or complaint issued
29 pursuant to this chapter in any other manner than that
30 prescribed by law, rule or regulation is guilty of a misdemeanor
19840H1921B3179 - 17 -
1 of the third degree.
2 Section 3. Enforcement of registration of ORVs and ORV ATVS <--
3 AND ATV dealers shall commence six months after the effective
4 date of this act.
5 Section 4. This act shall take effect in 60 days.
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