SENATE AMENDED
PRIOR PRINTER'S NOS. 1231, 2162, 2188, PRINTER'S NO. 2650
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,
ACOSTA AND LASHINGER, APRIL 24, 1985
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, DECEMBER 10, 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, FOR <--
5 THE NONEXCLUSION OF INSURANCE BENEFITS FOR INSUREDS WHO ARE
6 UNDER THE INFLUENCE AT THE TIME OF AN ACCIDENT and for the
7 disposition of certain fines and bail forfeitures; AND <--
8 FURTHER PROVIDING FOR SPEED TIMING DEVICES.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Title 75 of the Pennsylvania Consolidated
12 Statutes is amended by adding a section to read:
13 § 1317. Acknowledgment of littering provisions.
14 On every application for registration of a motor vehicle, the
15 following statement shall be printed immediately above the
1 signature of the applicant:
2 I hereby acknowledge this day that I have received notice
3 of the provisions of section 3709 of the Vehicle Code,
4 which provides for a fine of up to $300 for dropping,
5 throwing, depositing upon any highway, or upon any other
6 public or private property without the consent of the
7 owner thereof or into or on the waters of this
8 Commonwealth from a vehicle, any waste paper, sweepings,
9 ashes, household waste, glass, metal, refuse or rubbish
10 or any dangerous or detrimental substance, or permitting
11 any of the preceding without immediately removing such
12 items or causing their removal.
13 I further acknowledge that I am bound by this provision
14 and that I may be prosecuted for any violation of section
15 3709, and that I may be subject to a fine of up to $300
16 upon conviction for any violation thereof, including any
17 violation resulting from the conduct of any other persons
18 operating, in possession of or present within this
19 vehicle with my permission, if I do not with reasonable
20 certainty identify the driver of the vehicle at the time
21 the violation occurred.
22 Section 2. Title 75 is amended by adding a section SECTIONS <--
23 to read:
24 § 1520. Acknowledgment of littering provisions.
25 On every application for a learner's permit or driver's
26 license, the following statement shall be printed immediately
27 above the signature of the applicant:
28 I hereby acknowledge this day that I have received notice
29 of the provisions of section 3709 of the Vehicle Code,
30 which provides for a fine of up to $300 for dropping,
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1 throwing, depositing upon any highway, or upon any other
2 public or private property without the consent of the
3 owner thereof or into or on the waters of this
4 Commonwealth from a vehicle, any waste paper, sweepings,
5 ashes, household waste, glass, metal, refuse or rubbish
6 or any dangerous or detrimental substance, or permitting
7 any of the preceding without immediately removing such
8 items or causing their removal.
9 I further acknowledge that I am bound by this provision,
10 that I may be prosecuted for any violation of section
11 3709, and that I may be subject to a fine of up to $300
12 and incur two points against my driving record upon <--
13 conviction for any violation thereof, including any
14 violation resulting from the conduct of any other persons
15 present within any vehicle of which I am the driver.
16 Section 3. Section 1535(a) of Title 75 is amended to read: <--
17 § 1535. Schedule of convictions and points.
18 (a) General rule.--A point system for driver education and
19 control is hereby established which is related to other
20 provisions for use, suspension and revocation of the operating
21 privilege as specified under this title. Every driver licensed
22 in this Commonwealth who is convicted of any of the following
23 offenses shall be assessed points as of the date of violation in
24 accordance with the following schedule:
25 Section Number Offense Points
26 1512 Violation of restriction on
27 driver's license. 2
28 1571 Violations concerning licenses. 3
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1 3102 Failure to obey policeman or
2 authorized person. 2
3 3112(a)(3)(i) Failure to stop for a red light. 3
4 3114(a)(1) Failure to stop for a flashing
5 red light. 3
6 3302 Failure to yield half of roadway
7 to oncoming vehicle. 3
8 3303 Improper passing. 3
9 3304 Other improper passing. 3
10 3305 Other improper passing. 3
11 3306(a)(1) Other improper passing. 4
12 3306(a)(2) Other improper passing. 3
13 3306(a)(3) Other improper passing. 3
14 3307 Other improper passing. 3
15 3310 Following too closely. 3
16 3321 Failure to yield to driver on the
17 right at intersection. 3
18 3322 Failure to yield to oncoming
19 driver when making left turn. 3
20 3323(b) Failure to stop for stop signs. 3
21 3324 Failure to yield when entering or
22 crossing roadway between inter-
23 sections. 3
24 3332 Improper turning around. 3
25 3341 Failure to stop for flashing red
26 lights or gate at railroad
27 crossing. 3
28 3344 Failure to stop when entering from
29 alley, driveway or building. 3
30 3345(a) Failure to stop for school bus
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1 with flashing red lights. 5
2 (and 60 days suspension)
3 3361 Driving too fast for conditions. 2
4 3362 Exceeding maximum speed.--Over Limit:
5 6-10 2
6 11-15 3
7 16-25 4
8 26-30 5
9 31-over 5
10 (and departmental hearing
11 and sanctions provided
12 under section 1538(d))
13 3365(b) Exceeding special speed limit
14 in school zones. 3
15 3365(c) Exceeding special speed limit
16 for trucks on downgrades. 3
17 3542(a) Failure to yield to pedestrians in
18 crosswalk. 2
19 3547 Failure to yield to pedestrian on
20 sidewalk. 3
21 3549(a) Failure to yield to blind
22 pedestrian. 3
23 3702 Improper backing. 3
24 3709(b)(2)(i) Permitting littering from the
25 vehicle. 2
26 3714 Reckless driving. 3
27 3745 Leaving scene of accident
28 involving property damage only. 4
29 * * *
30 § 1724. CERTAIN NONEXCLUDABLE CONDITIONS. <--
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1 (A) GENERAL RULE.--INSURANCE BENEFITS MAY NOT BE DENIED
2 SOLELY BECAUSE THE DRIVER OF THE INSURED MOTOR VEHICLE IS
3 DETERMINED TO BE UNDER THE INFLUENCE OF DRUGS OR INTOXICATING
4 BEVERAGES AT THE TIME OF THE ACCIDENT FOR WHICH BENEFITS ARE
5 SOUGHT.
6 (B) CONTRACT EXCLUSIONS.--PROVISIONS OF AN INSURANCE POLICY
7 WHICH EXCLUDE INSURANCE BENEFITS IF THE INSURED CAUSES A
8 VEHICULAR ACCIDENT WHILE UNDER THE INFLUENCE OF DRUGS OR
9 INTOXICATING BEVERAGES AT THE TIME OF THE ACCIDENT ARE VOID.
10 SECTION 3. SECTION 3368(C) AND (D) OF TITLE 75 ARE AMENDED
11 TO READ:
12 § 3368. SPEED TIMING DEVICES.
13 * * *
14 (C) MECHANICAL, ELECTRICAL AND ELECTRONIC DEVICES
15 AUTHORIZED.--
16 (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE
17 RATE OF SPEED OF ANY VEHICLE MAY BE TIMED ON ANY HIGHWAY BY A
18 POLICE OFFICER USING A MECHANICAL OR ELECTRICAL SPEED TIMING
19 DEVICE.
20 (2) [ELECTRONIC] EXCEPT AS OTHERWISE PROVIDED IN
21 PARAGRAPH (3), ELECTRONIC DEVICES SUCH AS RADIO-MICROWAVE
22 DEVICES (COMMONLY REFERRED TO AS ELECTRONIC SPEED METERS OR
23 RADAR) MAY BE USED ONLY BY MEMBERS OF THE PENNSYLVANIA STATE
24 POLICE. [NO PERSON MAY BE CONVICTED UPON EVIDENCE OBTAINED
25 THROUGH THE USE OF SUCH DEVICES UNLESS THE SPEED RECORDED IS
26 SIX OR MORE MILES PER HOUR IN EXCESS OF THE LEGAL SPEED
27 LIMIT.]
28 (3) ELECTRONIC DEVICES WHICH CALCULATE SPEED BY
29 MEASURING ELAPSED TIME BETWEEN MEASURED ROAD SURFACE POINTS
30 BY USING CENSORS WHICH ARE PHYSICALLY CONTACTED BY A VEHICLE
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1 AND WHICH ARE PHYSICALLY CONNECTED TO A POLICE VEHICLE, AND
2 DEVICES WHICH MEASURE AND CALCULATE THE AVERAGE SPEED OF A
3 VEHICLE BETWEEN ANY TWO POINTS MAY BE USED BY ANY POLICE
4 OFFICER.
5 (4) NO PERSON MAY BE CONVICTED UPON EVIDENCE OBTAINED
6 THROUGH THE USE OF DEVICES AUTHORIZED BY PARAGRAPHS (2) AND
7 (3) UNLESS THE SPEED RECORDED IS SIX OR MORE MILES PER HOUR
8 IN EXCESS OF THE LEGAL SPEED LIMIT.
9 (D) [APPROVAL] CLASSIFICATION, APPROVAL AND TESTING OF
10 MECHANICAL, ELECTRICAL AND ELECTRONIC DEVICES.--THE DEPARTMENT
11 MAY, BY REGULATION, CLASSIFY SPECIFIC DEVICES AS BEING
12 MECHANICAL, ELECTRICAL OR ELECTRONIC. ALL MECHANICAL, ELECTRICAL
13 OR ELECTRONIC DEVICES SHALL BE OF A TYPE APPROVED BY THE
14 DEPARTMENT, WHICH SHALL APPOINT STATIONS FOR CALIBRATING AND
15 TESTING THE DEVICES AND MAY PRESCRIBE REGULATIONS AS TO THE
16 MANNER IN WHICH CALIBRATIONS AND TESTS SHALL BE MADE. THE
17 DEVICES SHALL HAVE BEEN TESTED FOR ACCURACY WITHIN A PERIOD OF
18 60 DAYS PRIOR TO THE ALLEGED VIOLATION. A CERTIFICATE FROM THE
19 STATION SHOWING THAT THE CALIBRATION AND TEST WERE MADE WITHIN
20 THE REQUIRED PERIOD, AND THAT THE DEVICE WAS ACCURATE, SHALL BE
21 COMPETENT AND PRIMA FACIE EVIDENCE OF THOSE FACTS IN EVERY
22 PROCEEDING IN WHICH A VIOLATION OF THIS TITLE IS CHARGED.
23 * * *
24 Section 4 3 4. Section 3709(a), (b) and (d) of Title 75 are <--
25 amended and the section is amended by adding a subsection to
26 read:
27 § 3709. Depositing waste and other material on highway,
28 property or waters.
29 (a) General rule.--No person shall throw or deposit upon any
30 highway, or upon any other public or private property without
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1 the consent of the owner thereof or into or on the waters of
2 this Commonwealth from a vehicle, any waste paper, sweepings,
3 ashes, household waste, glass, metal, refuse or rubbish, or any
4 dangerous or detrimental substance.
5 (b) Removal of deposited material.--
6 (1) Any person who drops, or permits to be dropped or
7 thrown, upon any highway, or upon any other public or private
8 property without the consent of the owner thereof or into or
9 on any waters of this Commonwealth from a vehicle, any waste
10 paper, sweepings, ashes, household waste, glass, metal,
11 refuse or rubbish, or any dangerous or detrimental substance
12 shall immediately remove the same or cause it to be removed.
13 (2) For the purposes of this subsection, a "person who
14 permits to be dropped or thrown" from a vehicle any of the
15 items described in paragraph (1) shall include the driver of
16 the vehicle and the registrant of any vehicle registered in
17 this Commonwealth from which any of the items are dropped or
18 thrown, either by the registrant or any person operating, in
19 possession of, or present within the vehicle with the
20 permission of the registrant, regardless of the registrant's
21 intent or lack of knowledge with respect to the disposal of
22 such items in violation of this section where the registrant
23 of the vehicle does not with reasonable certainty identify
24 the driver of the vehicle at the time the violation occurred.
25 * * *
26 (d) Penalty.--Any person violating any of the provisions of
27 subsection (a) or (b) is guilty of a summary offense and shall,
28 upon conviction, be sentenced [to pay a fine of not more than
29 $300.] to either or both of the following:
30 (1) To pay a fine of not more than $300.
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1 (2) Except where infirmity or age or other circumstance
2 would create a hardship, be directed by the court in which
3 conviction is obtained to pick up and remove litter from
4 public property or private property, or both, with prior
5 permission of the legal owner. If the person has no prior
6 record of convictions for violation of this section, he may
7 be sentenced to pick up and remove litter for not less than
8 eight hours nor more than 16 hours. Upon a second conviction,
9 the person may be sentenced to pick up and remove litter for
10 not less than 16 hours and not more than 32 hours. Upon third
11 and subsequent convictions, he may be sentenced to pick up
12 and remove litter for not less than 40 hours and not more
13 than 80 hours. The court shall schedule the time to be spent
14 on such activities in such a manner that it does not
15 interfere with the person's employment and does not interfere
16 substantially with the person's family responsibilities or
17 religious obligations.
18 (e) Disposition of fines, etc.--Revenue from the collection
19 of fines and bail forfeitures in the course of enforcement of
20 this section shall be distributed in the following manner:
21 (1) One-half shall be distributed to the agency or local
22 government unit which brought the action to enforce this
23 section and may be used to defray the expenses of enforcing
24 this section, at the option of the agency or local government
25 unit.
26 (2) One-half shall be allocated to the department for
27 Statewide public education and awareness programs to promote
28 litter control and recycling and awareness of the provisions
29 of this section.
30 Section 5 4 5. The provisions of this act are severable. If <--
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1 any provision of this act or its application to any person or
2 circumstance is held invalid, the invalidity shall not affect
3 other provisions or applications of this act which can be given
4 effect without the invalid provision or application.
5 Section 6 5. This act shall take effect on July 1 next <--
6 SECTION 6. (A) SECTION 3 OF THIS ACT, AMENDING SECTION <--
7 3368(C) AND (D), SHALL TAKE EFFECT IMMEDIATELY.
8 (B) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT ON JULY 1,
9 NEXT following 60 days from the date of final enactment.
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