SENATE AMENDED
PRIOR PRINTER'S NOS. 1231, 2162, 2188 PRINTER'S NO. 2431
No. 1073 Session of 1985
INTRODUCED BY WILSON, D. R. WRIGHT, KUKOVICH, J. L. WRIGHT,
DISTLER, BURD, GREENWOOD, FARGO, VROON, AFFLERBACH, SAURMAN,
NAHILL, SHOWERS, JOHNSON, CORNELL, E. Z. TAYLOR, DAWIDA,
REBER, BARLEY, BOOK, MAYERNIK, PETRONE, FOX, SEVENTY, SEMMEL,
BRANDT, BUSH, MICOZZIE, MORRIS, COY, YANDRISEVITS,
J. J. TAYLOR, KENNEY, JAROLIN, BURNS, BOYES, B. SMITH,
A. C. FOSTER, JR., BATTISTO, MAIALE, WIGGINS, VAN HORNE,
DALEY, JOSEPHS, LINTON, DIETZ, HALUSKA, PRESSMANN, RYBAK,
MERRY, CARN, HUTCHINSON, GEIST, TRELLO, DININNI, MICHLOVIC,
STEIGHNER, NOYE, McVERRY, POTT, BLACK, BUNT, PETRARCA, EVANS
AND ACOSTA, APRIL 24, 1985
SENATOR CORMAN, TRANSPORTATION, IN SENATE, AS AMENDED,
NOVEMBER 12, 1985
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for the registration of vehicles,
3 for the suspension of registration, for the depositing of
4 waste from vehicles upon highways, property and waters, and
5 for the disposition of certain fines and bail forfeitures.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 75 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 1317. Acknowledgment of littering provisions.
11 On every application for registration of a motor vehicle, the
12 following statement shall be printed immediately above the
13 signature of the applicant:
14 I hereby acknowledge this day that I have received notice
1 of the provisions of section 3709 of the Vehicle Code,
2 which provides for a fine of up to $300 for dropping,
3 throwing, depositing upon any highway, or upon any other
4 public or private property without the consent of the
5 owner thereof or into or on the waters of this
6 Commonwealth from a vehicle, any waste paper, sweepings,
7 ashes, household waste, glass, metal, refuse or rubbish
8 or any dangerous or detrimental substance, or permitting
9 any of the preceding without immediately removing such
10 items or causing their removal.
11 I further acknowledge that I am bound by this provision
12 and that I may be prosecuted for any violation of section
13 3709, and that I may be subject to a fine of up to $300
14 upon conviction for any violation thereof, including any
15 violation resulting from the conduct of any other persons
16 operating, in possession of or present within this
17 vehicle with my permission, if I do not with reasonable
18 certainty identify the driver of the vehicle at the time
19 the violation occurred.
20 Section 2. Title 75 is amended by adding a section to read:
21 § 1520. Acknowledgment of littering provisions.
22 On every application for a learner's permit or driver's
23 license, the following statement shall be printed immediately
24 above the signature of the applicant:
25 I hereby acknowledge this day that I have received notice
26 of the provisions of section 3709 of the Vehicle Code,
27 which provides for a fine of up to $300 for dropping,
28 throwing, depositing upon any highway, or upon any other
29 public or private property without the consent of the
30 owner thereof or into or on the waters of this
19850H1073B2431 - 2 -
1 Commonwealth from a vehicle, any waste paper, sweepings,
2 ashes, household waste, glass, metal, refuse or rubbish
3 or any dangerous or detrimental substance, or permitting
4 any of the preceding without immediately removing such
5 items or causing their removal.
6 I further acknowledge that I am bound by this provision,
7 that I may be prosecuted for any violation of section
8 3709, and that I may be subject to a fine of up to $300
9 and incur two points against my driving record upon <--
10 conviction for any violation thereof, including any
11 violation resulting from the conduct of any other persons
12 present within any vehicle of which I am the driver.
13 Section 3. Section 1535(a) of Title 75 is amended to read: <--
14 § 1535. Schedule of convictions and points.
15 (a) General rule.--A point system for driver education and
16 control is hereby established which is related to other
17 provisions for use, suspension and revocation of the operating
18 privilege as specified under this title. Every driver licensed
19 in this Commonwealth who is convicted of any of the following
20 offenses shall be assessed points as of the date of violation in
21 accordance with the following schedule:
22 Section Number Offense Points
23 1512 Violation of restriction on
24 driver's license. 2
25 1571 Violations concerning licenses. 3
26 3102 Failure to obey policeman or
27 authorized person. 2
28 3112(a)(3)(i) Failure to stop for a red light. 3
19850H1073B2431 - 3 -
1 3114(a)(1) Failure to stop for a flashing
2 red light. 3
3 3302 Failure to yield half of roadway
4 to oncoming vehicle. 3
5 3303 Improper passing. 3
6 3304 Other improper passing. 3
7 3305 Other improper passing. 3
8 3306(a)(1) Other improper passing. 4
9 3306(a)(2) Other improper passing. 3
10 3306(a)(3) Other improper passing. 3
11 3307 Other improper passing. 3
12 3310 Following too closely. 3
13 3321 Failure to yield to driver on the
14 right at intersection. 3
15 3322 Failure to yield to oncoming
16 driver when making left turn. 3
17 3323(b) Failure to stop for stop signs. 3
18 3324 Failure to yield when entering or
19 crossing roadway between inter-
20 sections. 3
21 3332 Improper turning around. 3
22 3341 Failure to stop for flashing red
23 lights or gate at railroad
24 crossing. 3
25 3344 Failure to stop when entering from
26 alley, driveway or building. 3
27 3345(a) Failure to stop for school bus
28 with flashing red lights. 5
29 (and 60 days suspension)
30 3361 Driving too fast for conditions. 2
19850H1073B2431 - 4 -
1 3362 Exceeding maximum speed.--Over Limit:
2 6-10 2
3 11-15 3
4 16-25 4
5 26-30 5
6 31-over 5
7 (and departmental hearing
8 and sanctions provided
9 under section 1538(d))
10 3365(b) Exceeding special speed limit
11 in school zones. 3
12 3365(c) Exceeding special speed limit
13 for trucks on downgrades. 3
14 3542(a) Failure to yield to pedestrians in
15 crosswalk. 2
16 3547 Failure to yield to pedestrian on
17 sidewalk. 3
18 3549(a) Failure to yield to blind
19 pedestrian. 3
20 3702 Improper backing. 3
21 3709(b)(2)(i) Permitting littering from the
22 vehicle. 2
23 3714 Reckless driving. 3
24 3745 Leaving scene of accident
25 involving property damage only. 4
26 * * *
27 Section 4 3. Section 3709(a), (b) and (d) of Title 75 are <--
28 amended and the section is amended by adding a subsection to
29 read:
30 § 3709. Depositing waste and other material on highway,
19850H1073B2431 - 5 -
1 property or waters.
2 (a) General rule.--No person shall throw or deposit upon any
3 highway, or upon any other public or private property without
4 the consent of the owner thereof or into or on the waters of
5 this Commonwealth from a vehicle, any waste paper, sweepings,
6 ashes, household waste, glass, metal, refuse or rubbish, or any
7 dangerous or detrimental substance.
8 (b) Removal of deposited material.--
9 (1) Any person who drops, or permits to be dropped or
10 thrown, upon any highway, or upon any other public or private
11 property without the consent of the owner thereof or into or
12 on any waters of this Commonwealth from a vehicle, any waste
13 paper, sweepings, ashes, household waste, glass, metal,
14 refuse or rubbish, or any dangerous or detrimental substance
15 shall immediately remove the same or cause it to be removed.
16 (2) For the purposes of this subsection, a "person who
17 permits to be dropped or thrown" from a vehicle any of the
18 items described in paragraph (1) shall include the driver of
19 the vehicle and the registrant of any vehicle registered in
20 this Commonwealth from which any of the items are dropped or
21 thrown, either by the registrant or any person operating, in
22 possession of, or present within the vehicle with the
23 permission of the registrant, regardless of the registrant's
24 intent or lack of knowledge with respect to the disposal of
25 such items in violation of this section where the registrant
26 of the vehicle does not with reasonable certainty identify
27 the driver of the vehicle at the time the violation occurred.
28 * * *
29 (d) Penalty.--Any person violating any of the provisions of
30 subsection (a) or (b) is guilty of a summary offense and shall,
19850H1073B2431 - 6 -
1 upon conviction, be sentenced [to pay a fine of not more than
2 $300.] to either or both of the following:
3 (1) To pay a fine of not more than $300.
4 (2) Except where infirmity or age or other circumstance
5 would create a hardship, be directed by the court in which
6 conviction is obtained to pick up and remove litter from
7 public property or private property, or both, with prior
8 permission of the legal owner. If the person has no prior
9 record of convictions for violation of this section, he may
10 be sentenced to pick up and remove litter for not less than
11 eight hours nor more than 16 hours. Upon a second conviction,
12 the person may be sentenced to pick up and remove litter for
13 not less than 16 hours and not more than 32 hours. Upon third
14 and subsequent convictions, he may be sentenced to pick up
15 and remove litter for not less than 40 hours and not more
16 than 80 hours. The court shall schedule the time to be spent
17 on such activities in such a manner that it does not
18 interfere with the person's employment and does not interfere
19 substantially with the person's family responsibilities or
20 religious obligations.
21 (e) Disposition of fines, etc.--Revenue from the collection
22 of fines and bail forfeitures in the course of enforcement of
23 this section shall be distributed in the following manner:
24 (1) One-half shall be distributed to the agency or local
25 government unit which brought the action to enforce this
26 section and may be used to defray the expenses of enforcing
27 this section, at the option of the agency or local government
28 unit.
29 (2) One-half shall be allocated to the department for
30 Statewide public education and awareness programs to promote
19850H1073B2431 - 7 -
1 litter control and recycling and awareness of the provisions
2 of this section.
3 Section 5 4. The provisions of this act are severable. If <--
4 any provision of this act or its application to any person or
5 circumstance is held invalid, the invalidity shall not affect
6 other provisions or applications of this act which can be given
7 effect without the invalid provision or application.
8 Section 6 5. This act shall take effect on July 1 next <--
9 following 60 days from the date of final enactment.
C19L75DGS/19850H1073B2431 - 8 -