SENATE AMENDED
PRIOR PRINTER'S NOS. 873, 1685, 3326 PRINTER'S NO. 3884
No. 803 Session of 1987
INTRODUCED BY WILSON, MARCH 10, 1987
SENATOR CORMAN, TRANSPORTATION, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 15, 1988
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for the persons by whom holders <--
3 of learners' permits must be accompanied, and for examiners.
4 FURTHER PROVIDING FOR RESTORATION OF OPERATING PRIVILEGE AND <--
5 FOR INSURANCE PREMIUM INCREASES; PROVIDING A PENALTY FOR
6 FAILURE TO DISPLAY VEHICLE IDENTIFICATION MARKER AND FOR
7 INCREASED FINES FOR MOVING VIOLATIONS COMMITTED IN
8 CONSTRUCTION AND MAINTENANCE AREAS; FURTHER PROVIDING FOR
9 WINDSHIELD OBSTRUCTION AND WIPERS; PROVIDING FOR THE USE OF
10 SIDE STOP SIGNAL ARMS ON SCHOOL BUSES, FOR THE INSPECTION OF
11 NEWLY PURCHASED VEHICLES AND FOR AN EXCEPTION FOR MAXIMUM
12 WHEEL WEIGHTS; FURTHER PROVIDING FOR THE MAXIMUM WEIGHT, SIZE
13 AND LOAD OF VEHICLES ON THE PENNSYLVANIA TURNPIKE; AND
14 INCREASING FINES FOR FARE EVASIONS.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 1505(b) of Title 75 of the Pennsylvania <--
18 Consolidated Statutes is amended to read:
19 § 1505. Learners' permits.
20 * * *
21 (b) Learner must be accompanied.--A learner's permit
22 entitles the person to whom it was issued to drive vehicles and
1 combinations of vehicles of the class or classes specified, but
2 only while the holder of the learner's permit is accompanied by
3 and under the immediate supervision of a person who:
4 (1) (i) is administering an examination of the holder
5 of the learner's permit as authorized in section 1508
6 (relating to examination of applicant for driver's license);
7 or
8 (ii) is licensed in this Commonwealth to drive vehicles
9 of the class then being driven by the holder of the learner's
10 permit; and
11 (2) is actually occupying a seat beside the holder of
12 the learner's permit unless the vehicle is a motorcycle.
13 * * *
14 Section 2. Section 1508 of Title 75 is amended by adding a
15 subsection to read:
16 § 1508. Examination of applicant for driver's license.
17 * * *
18 (d) Examiner.--It need not be necessary that an examiner
19 have the same class of license as the class for which the
20 applicant is being examined.
21 Section 3. This act shall take effect in 60 days.
22 SECTION 1. SECTION 1545 OF TITLE 75 OF THE PENNSYLVANIA <--
23 CONSOLIDATED STATUTES IS AMENDED TO READ:
24 § 1545. RESTORATION OF OPERATING PRIVILEGE.
25 UPON THE RESTORATION OF ANY PERSON'S OPERATING PRIVILEGE
26 WHICH HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THIS SUBCHAPTER,
27 SUCH PERSON'S RECORD SHALL SHOW FIVE POINTS, EXCEPT THAT ANY
28 ADDITIONAL POINTS ASSESSED AGAINST THE PERSON SINCE THE DATE OF
29 THE LAST VIOLATION RESULTING IN THE SUSPENSION OR REVOCATION
30 SHALL BE ADDED TO SUCH FIVE POINTS UNLESS THE PERSON HAS SERVED
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1 AN ADDITIONAL PERIOD OF SUSPENSION OR REVOCATION PURSUANT TO
2 SECTION 1544(A) (RELATING TO ADDITIONAL PERIOD OF REVOCATION OR
3 SUSPENSION). THIS SECTION SHALL NOT APPLY TO SECTION 1533
4 (RELATING TO SUSPENSION OF OPERATING PRIVILEGE FOR FAILURE TO
5 RESPOND TO CITATION) OR TO 18 PA.C.S. § 6310.4 (RELATING TO
6 RESTRICTION OF OPERATING PRIVILEGES).
7 SECTION 2. SECTION 1793(A) OF TITLE 75 IS AMENDED BY ADDING
8 A PARAGRAPH TO READ:
9 § 1793. SPECIAL PROVISIONS RELATING TO PREMIUMS.
10 (A) LIMITATION ON PREMIUM INCREASES.--
11 * * *
12 (3) NO INSURER MAY CHARGE AN INSURED WHO HAS BEEN
13 SUSPENDED UNDER SECTION 1533 (RELATING TO SUSPENSION OF
14 OPERATING PRIVILEGE FOR FAILURE TO RESPOND TO CITATION) A
15 HIGHER RATE FOR A POLICY OF INSURANCE SOLELY ON ACCOUNT OF
16 THE SUSPENSION.
17 * * *
18 SECTION 3. SECTION 2102 OF TITLE 75 IS AMENDED BY ADDING A
19 SUBSECTION TO READ:
20 § 2102. IDENTIFICATION MARKERS REQUIRED.
21 * * *
22 (E) PENALTY.--ANY PERSON FAILING TO DISPLAY THE VEHICLE
23 IDENTIFICATION MARKER, AS REQUIRED UNDER SUBSECTION (D), COMMITS
24 A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO
25 PAY A FINE OF $25 AND FOR EACH SUBSEQUENT OR ADDITIONAL OFFENSE,
26 A FINE OF NOT LESS THAN $100 NOR MORE THAN $300.
27 SECTION 4. SECTIONS 3326 AND 4524(E) OF TITLE 75 ARE AMENDED
28 TO READ:
29 § 3326. DUTY OF DRIVER IN CONSTRUCTION AND MAINTENANCE AREAS.
30 (A) AREAS INDICATED BY TRAFFIC-CONTROL DEVICES.--THE DRIVER
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1 OF A VEHICLE SHALL YIELD THE RIGHT-OF-WAY TO ANY AUTHORIZED
2 VEHICLE OR PEDESTRIAN ACTUALLY ENGAGED IN WORK UPON A HIGHWAY
3 WITHIN ANY HIGHWAY OR UTILITY CONSTRUCTION OR MAINTENANCE AREA
4 INDICATED BY OFFICIAL TRAFFIC-CONTROL DEVICES PLACED IN
5 ACCORDANCE WITH DEPARTMENT REGULATIONS, INCLUDING ADVANCE
6 WARNING SIGNS OR A VEHICLE HAVING FLASHING OR REVOLVING YELLOW
7 LIGHTS.
8 (B) WORK VEHICLES DISPLAYING FLASHING LIGHTS.--THE DRIVER OF
9 A VEHICLE SHALL YIELD THE RIGHT-OF-WAY TO ANY AUTHORIZED VEHICLE
10 OBVIOUSLY AND ACTUALLY ENGAGED IN WORK UPON A HIGHWAY WHENEVER
11 THE VEHICLE DISPLAYS FLASHING LIGHTS MEETING THE REQUIREMENTS
12 AND REGULATIONS PROMULGATED BY THE DEPARTMENT.
13 (C) FINES TO BE DOUBLED.--THE FINE FOR ANY OF THE FOLLOWING
14 VIOLATIONS, WHEN COMMITTED IN A CONSTRUCTION OR MAINTENANCE AREA
15 MANNED BY WORKERS ACTING IN THEIR OFFICIAL CAPACITY, SHALL BE
16 DOUBLE THE USUAL AMOUNT:
17 SECTION 3102 (RELATING TO OBEDIENCE TO AUTHORIZED
18 PERSONS DIRECTING TRAFFIC).
19 SECTION 3111 (RELATING TO OBEDIENCE TO TRAFFIC-
20 CONTROL DEVICES).
21 SECTION 3112 (RELATING TO TRAFFIC-CONTROL SIGNALS).
22 SECTION 3114 (RELATING TO FLASHING SIGNALS).
23 SECTION 3302 (RELATING TO MEETING VEHICLE PROCEEDING
24 IN OPPOSITE DIRECTION).
25 SECTION 3303 (RELATING TO OVERTAKING VEHICLE ON THE
26 LEFT).
27 SECTION 3304 (RELATING TO OVERTAKING VEHICLE ON THE
28 RIGHT).
29 SECTION 3305 (RELATING TO LIMITATIONS ON OVERTAKING
30 ON THE LEFT).
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1 SECTION 3306 (RELATING TO LIMITATIONS ON DRIVING ON
2 LEFT SIDE OF ROADWAY).
3 SECTION 3307 (RELATING TO NO-PASSING ZONES).
4 SECTION 3309 (RELATING TO DRIVING ON ROADWAYS LANED
5 FOR TRAFFIC).
6 SECTION 3310 (RELATING TO FOLLOWING TOO CLOSELY).
7 SECTION 3323 (RELATING TO STOP SIGNS AND YIELD
8 SIGNS).
9 SECTION 3326 (RELATING TO DUTY OF DRIVER IN
10 CONSTRUCTION AND MAINTENANCE AREAS).
11 SECTION 3361 (RELATING TO DRIVING VEHICLE AT SAFE
12 SPEED).
13 SECTION 3362 (RELATING TO MAXIMUM SPEED LIMITS).
14 SECTION 3702 (RELATING TO LIMITATIONS ON BACKING).
15 SECTION 3714 (RELATING TO RECKLESS DRIVING).
16 SECTION 3715 (RELATING TO RESTRICTION ON ALCOHOLIC
17 BEVERAGES).
18 SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF
19 ALCOHOL OR CONTROLLED SUBSTANCE).
20 § 4524. WINDSHIELD OBSTRUCTIONS AND WIPERS.
21 * * *
22 (E) SUN SCREENING AND OTHER MATERIALS PROHIBITED.--
23 (1) NO PERSON SHALL DRIVE ANY MOTOR VEHICLE WITH ANY SUN
24 SCREENING DEVICE OR OTHER MATERIAL WHICH DOES NOT PERMIT A
25 PERSON TO SEE OR VIEW THE INSIDE OF THE VEHICLE THROUGH THE
26 WINDSHIELD, SIDE WING OR SIDE WINDOW OF THE VEHICLE.
27 (2) THIS SUBSECTION DOES NOT APPLY TO [ANY]:
28 (I) A VEHICLE WHICH IS EQUIPPED WITH TINTED WINDOWS
29 OF THE TYPE AND SPECIFICATION THAT WERE INSTALLED BY THE
30 MANUFACTURER OF THE VEHICLE OR TO ANY HEARSE, AMBULANCE,
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1 GOVERNMENT VEHICLE OR ANY OTHER VEHICLE [TO] FOR WHICH A
2 CURRENTLY VALID CERTIFICATE OF EXEMPTION [IS AFFIXED AS
3 SPECIFIED BY REGULATION] HAS BEEN ISSUED IN ACCORDANCE
4 WITH REGULATIONS ADOPTED BY THE DEPARTMENT.
5 (II) A VEHICLE WHICH IS EQUIPPED WITH TINTED
6 WINDOWS, SUN SCREENING DEVICES OR OTHER MATERIALS WHICH
7 COMPLY WITH ALL APPLICABLE FEDERAL REGULATIONS AND FOR
8 WHICH A CURRENTLY VALID CERTIFICATE OF EXEMPTION FOR
9 MEDICAL REASONS HAS BEEN ISSUED IN ACCORDANCE WITH
10 REGULATIONS ADOPTED BY THE DEPARTMENT.
11 (3) A CERTIFICATE OF EXEMPTION SHALL BE ISSUED BY THE
12 DEPARTMENT FOR A VEHICLE WHICH IS [REGISTERED]:
13 (I) REGISTERED IN THIS COMMONWEALTH ON THE EFFECTIVE
14 DATE OF THIS SUBSECTION AND IS EQUIPPED WITH A SUN
15 SCREENING DEVICE OR OTHER MATERIAL PROHIBITED UNDER
16 PARAGRAPH (1) ON THE EFFECTIVE DATE.
17 (II) EQUIPPED WITH TINTED WINDOWS, SUN SCREENING
18 DEVICES OR OTHER MATERIALS FOR MEDICAL REASONS AS
19 SPECIFIED IN PARAGRAPH (2)(II).
20 (A) A CERTIFICATE OF EXEMPTION FOR MEDICAL
21 REASONS SHALL BE ISSUED ONLY IF THE OWNER OR
22 REGISTRANT OF THE VEHICLE, OR A PERSON RESIDING IN
23 THE HOUSEHOLD OF THE OWNER OR REGISTRANT WHO
24 REGULARLY DRIVES OR IS DRIVEN IN THE VEHICLE, SUFFERS
25 FROM A MEDICAL CONDITION DETERMINED BY THE
26 DEPARTMENT, IN CONSULTATION WITH THE MEDICAL ADVISORY
27 BOARD, TO JUSTIFY THE EXEMPTION.
28 (B) ANY PERSON REQUESTING AN EXEMPTION FOR
29 MEDICAL REASONS SHALL HAVE HIS MEDICAL CONDITION
30 CERTIFIED TO THE DEPARTMENT BY A LICENSED PHYSICIAN.
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1 (4) A CERTIFICATE OF EXEMPTION ISSUED UNDER THIS
2 SUBSECTION SHALL BE CARRIED IN THE VEHICLE AND DISPLAYED ON
3 REQUEST OF A POLICE OFFICER.
4 (5) UPON THE SALE OR TRANSFER OF THE VEHICLE TO ANY
5 PERSON WHO DOES NOT QUALIFY UNDER PARAGRAPH (2)(II), THE
6 EXEMPTION SHALL BE NULL AND VOID. PRIOR TO THE SALE OR
7 TRANSFER OF AN EXEMPT VEHICLE, IT SHALL BE THE SOLE
8 RESPONSIBILITY OF THE OWNER OR SELLER OF A FORMERLY EXEMPT
9 VEHICLE TO REMOVE ALL SUN SCREENING OR OTHER MATERIALS FROM
10 THE VEHICLE. AT THE TIME OF THE SALE OR TRANSFER OF A
11 FORMERLY EXEMPT VEHICLE, THE OWNER SHALL REMOVE AND DESTROY
12 THE CERTIFICATE OF EXEMPTION FOR MEDICAL REASONS AND PROVIDE
13 THE PURCHASER WITH A NOTARIZED STATEMENT SETTING FORTH THE
14 NAME AND ADDRESS OF THE OWNER OR SELLER, THE VEHICLE
15 IDENTIFICATION NUMBER, YEAR AND MODEL, AND THE BUSINESS
16 ENTITY AND PROCESS USED TO REMOVE THE SUN SCREENING OR OTHER
17 MATERIAL. POSSESSION OF THE NOTARIZED STATEMENT SHALL BE AN
18 ABSOLUTE DEFENSE FOR ANY ALLEGED VIOLATION OF PARAGRAPH (1)
19 BY THE PURCHASER.
20 SECTION 1. SECTIONS 5. SECTION 4552 AND 4921 OF TITLE 75 OF <--
21 THE PENNSYLVANIA CONSOLIDATE STATUTES ARE IS AMENDED BY ADDING <--
22 SUBSECTIONS A SUBSECTION TO READ: <--
23 § 4552. GENERAL REQUIREMENTS FOR SCHOOL BUSES.
24 * * *
25 (B.1) USE OF SIDE STOP SIGNAL ARMS.--EVERY SCHOOL BUS SHALL
26 BE EQUIPPED WITH A SIDE STOP SIGNAL ARM ON THE LEFT SIDE OF THE
27 VEHICLE. THE SIDE STOP SIGNAL ARM SHALL BE AUTOMATICALLY
28 ACTIVATED WHENEVER THE BUS IS STOPPED WITH THE RED VISUAL
29 SIGNALS IN USE AND SHALL ITSELF CONTAIN A FLASHING RED LIGHT
30 CONNECTED TO THE SAME CIRCUITS AS THE RED VISUAL SIGNALS. THE
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1 SIDE STOP SIGNAL ARM IS MANDATED ACCORDING TO THE FOLLOWING
2 SCHEDULE:
3 (1) SCHOOL BUSES MAY BE EQUIPPED WITH AND USE A SIDE
4 STOP SIGNAL ARM ON SEPTEMBER 1, 1988.
5 (2) EVERY NEW SCHOOL BUS PURCHASED AND MANUFACTURED
6 AFTER JANUARY 1, 1989 SHALL BE EQUIPPED WITH A SIDE STOP
7 SIGNAL ARM.
8 (3) BY JANUARY 1, 1994 EVERY SCHOOL BUS SHALL BE
9 EQUIPPED WITH A SIDE STOP SIGNAL ARM.
10 * * *
11 SECTION 6. SECTION 4703(D) OF TITLE 75 IS AMENDED TO READ:
12 § 4703. OPERATION OF VEHICLE WITHOUT OFFICIAL CERTIFICATE OF
13 INSPECTION.
14 * * *
15 (D) NEWLY-PURCHASED VEHICLES.--NEWLY-PURCHASED VEHICLES MAY
16 BE DRIVEN WITHOUT A CURRENT INSPECTION CERTIFICATE FOR [FIVE]
17 TEN DAYS AFTER SALE OR RESALE OR ENTRY INTO THIS COMMONWEALTH,
18 WHICHEVER OCCURS LATER.
19 * * *
20 SECTION 7. SECTION 4921 OF TITLE 75 IS AMENDED BY ADDING A
21 SUBSECTION TO READ:
22 § 4921. WIDTH OF VEHICLES.
23 * * *
24 (E.1) SCHOOL BUSES.--SCHOOL BUS SIDE STOP SIGNAL ARMS, AS
25 PROVIDED FOR IN SECTION 4552 (RELATING TO GENERAL REQUIREMENTS
26 FOR SCHOOL BUSES), MAY, WHEN IN AN EXTENDED POSITION DISPLAYING
27 RED VISUAL SIGNALS WHILE THE VEHICLE IS STOPPED AND LOADING OR
28 DISCHARGING STUDENTS, EXTEND BEYOND THE WIDTH LIMITATION
29 OTHERWISE PROVIDED IN THIS SECTION.
30 * * *
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1 SECTION 8. SECTIONS 4944, 4945(B) AND 6110(A) AND (B)(2) OF
2 TITLE 75 ARE AMENDED TO READ:
3 § 4944. MAXIMUM WHEEL LOAD.
4 [NO] EXCEPT AS PROVIDED IN SUBCHAPTER D OF CHAPTER 49
5 (RELATING TO SPECIAL PERMITS FOR EXCESSIVE SIZE AND WEIGHT), NO
6 MOTOR VEHICLE OR COMBINATION SHALL, WHEN OPERATED UPON A
7 HIGHWAY, HAVE A WEIGHT UPON ANY ONE WHEEL IN EXCESS OF 800
8 POUNDS FOR EACH NOMINAL INCH OF WIDTH OF TIRE ON THE WHEEL. IN
9 INSTANCES OF SPECIAL PERMITS, THE DEPARTMENT WILL WAIVE THE
10 MAXIMUM WHEEL WEIGHT TO 1,000 POUNDS FOR EACH NOMINAL INCH OF
11 WIDTH OF TIRE ON THE WHEEL.
12 § 4945. PENALTIES FOR EXCEEDING MAXIMUM WEIGHTS.
13 * * *
14 (B) AXLE WEIGHT VIOLATION.--SUBJECT TO THE PROVISIONS OF
15 SECTION 4982(C) (RELATING TO REDUCING OR READJUSTING LOADS OF
16 VEHICLES), ANY PERSON OPERATING A VEHICLE OR COMBINATION WITH A
17 WEIGHT ON AN AXLE OR GROUP OF CONSECUTIVE AXLES EXCEEDING THE
18 MAXIMUM AXLE WEIGHTS ALLOWED BY SECTION 4943 (RELATING TO
19 MAXIMUM AXLE WEIGHT OF VEHICLES) IS GUILTY OF A SUMMARY OFFENSE
20 AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $100
21 PLUS $100 FOR EACH 500 POUNDS, OR PART THEREOF, IN EXCESS OF
22 2,000 POUNDS OVER THE MAXIMUM AXLE WEIGHT ALLOWED, UNLESS THE
23 VIOLATION OCCURRED ON AN INTERSTATE HIGHWAY AND INVOLVED THE
24 OPERATION OF A TRUCK OF A CLASS REFERRED TO IN SECTION
25 4943(B)(3), IN WHICH CASE THE OPERATOR COMMITS A SUMMARY OFFENSE
26 AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $10
27 PLUS $10 FOR EACH 500 POUNDS, OR PART THEREOF, IN EXCESS OF
28 2,000 POUNDS OVER THE MAXIMUM AXLE WEIGHT ALLOWED.
29 * * *
30 § 6110. REGULATION OF TRAFFIC ON PENNSYLVANIA TURNPIKE.
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1 (A) GENERAL RULE.--
2 (1) THE PROVISIONS OF THIS TITLE APPLY UPON ANY TURNPIKE
3 OR HIGHWAY UNDER THE SUPERVISION AND CONTROL OF THE
4 PENNSYLVANIA TURNPIKE COMMISSION UNLESS SPECIFICALLY MODIFIED
5 BY RULES AND REGULATIONS PROMULGATED BY THE COMMISSION WHICH
6 SHALL BECOME EFFECTIVE ONLY UPON PUBLICATION IN ACCORDANCE
7 WITH LAW. A COPY OF THE RULES AND REGULATIONS, SO LONG AS
8 THEY ARE EFFECTIVE, SHALL BE POSTED AT ALL ENTRANCES TO THE
9 TURNPIKE OR HIGHWAY FOR THE INSPECTION OF PERSONS USING THE
10 TURNPIKE OR HIGHWAY.
11 (2) THIS SECTION DOES NOT AUTHORIZE THE ESTABLISHMENT OF
12 A MAXIMUM SPEED LIMIT GREATER THAN 55 MILES PER HOUR.
13 (3) THIS SECTION REQUIRES THAT THE PENNSYLVANIA TURNPIKE
14 COMMISSION SPECIFICALLY COMPLY WITH ALL PROVISIONS OF CHAPTER
15 49 (RELATING TO SIZE, WEIGHT AND LOAD). THE DEPARTMENT SHALL
16 BE RESPONSIBLE FOR THE ISSUANCE OF ALL PERMITS UNDER CHAPTER
17 49 FOR TRAVEL ON THE PENNSYLVANIA TURNPIKE.
18 (B) PENALTIES.--
19 * * *
20 (2) ANY PERSON VIOLATING ANY OF THE RULES AND
21 REGULATIONS OF THE COMMISSION PROHIBITING FARE EVASION OR
22 ATTEMPTED FARE EVASION COMMITS A SUMMARY OFFENSE AND SHALL,
23 UPON CONVICTION, BE SENTENCED TO PAY A FINE ACCORDING TO THE
24 CLASSIFICATION BY THE COMMISSION OF THE VEHICLE DRIVEN BY
25 THAT PERSON AT THE TIME OF VIOLATION AS FOLLOWS:
26 (I) CLASS 1 THROUGH 2: [$25] $100.
27 (II) CLASS 3 THROUGH 6: [$200] $500.
28 (III) CLASS 7 AND HIGHER: [$300] $1,000.
29 * * *
30 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <--
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1 SECTION 9. SECTION 1 (SECTION 1545) SHALL BE RETROACTIVE AS
2 TO VIOLATIONS OCCURRING ON AND AFTER MAY 23, 1988.
3 SECTION 10. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
4 (1) SECTIONS 2 (SECTION 1793), 4 (SECTION 4524) AND 6
5 (SECTION 4703) SHALL TAKE EFFECT IN 60 DAYS.
6 (2) SECTION 8 (SECTION 6110) SHALL TAKE EFFECT SEPTEMBER
7 1, 1989.
8 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
9 IMMEDIATELY.
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