PRINTER'S NO. 219
No. 193 Session of 1989
INTRODUCED BY MORRIS, RUDY, MAINE, BRANDT, BILLOW, BOWLEY,
BROUJOS, COLAIZZO, HALUSKA, LaGROTTA, LLOYD, MELIO,
SCRIMENTI, TRICH, HERSHEY, ALLEN, BARLEY, BUSH, CHADWICK,
D. F. CLARK, JOHNSON, LEH, SEMMEL, JACKSON, ARGALL,
YANDRISEVITS, FEE, WOZNIAK, J. L. WRIGHT, COLE, FOSTER,
VAN HORNE, D. R. WRIGHT, REBER, WASS, TRELLO, ANGSTADT,
SERAFINI, CAPPABIANCA, VROON, GODSHALL, DORR, DALEY, BORTNER,
PRESTON, CLYMER, HECKLER, RYBAK, LETTERMAN, VEON, GEIST,
E. Z. TAYLOR, G. SNYDER, FARGO, PISTELLA, SCHULER, KENNEY,
EVANS, STAIRS, NOYE, BELARDI AND COY, FEBRUARY 1, 1989
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 1, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, creating the offense of trespass by motor vehicles;
3 and further providing for fines, penalties and suspension of
4 driver's license for unauthorized operation of motor vehicles
5 on private real property.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1503(c)(4) of Title 75 of the
9 Pennsylvania Consolidated Statutes is amended and the subsection
10 is amended by adding a paragraph to read:
11 § 1503. Persons ineligible for licensing.
12 * * *
13 (c) Junior driver's license.--The department may issue a
14 junior driver's license to a person 16 or 17 years of age under
15 rules and regulations adopted by the department and subject to
1 the provisions of this section. A junior driver's license shall
2 automatically become a regular driver's license when the
3 licensee attains 18 years of age.
4 * * *
5 (4) The department shall not issue a driver's license
6 under this subsection and shall suspend, until the person
7 becomes 18 years of age, the operating privilege of a person
8 who is issued a license under this subsection if any of the
9 following occurs:
10 (i) The department receives a certified record of a
11 conviction of the person under section 3716(c) or (d)
12 (relating to trespass by motor vehicle).
13 (ii) The department receives a certified record of a
14 conviction of the person under 18 Pa.C.S. § 3304
15 (relating to criminal mischief) if the court makes a
16 specific finding of fact that the offense involved the
17 operation of a motor vehicle.
18 (iii) The department receives a certified
19 adjudication of delinquency based on activities which
20 would, but for the age of the actor, constitute a
21 violation of 18 Pa.C.S. § 3304, if the court makes a
22 specific finding of fact that the offense involved the
23 operation of a motor vehicle.
24 (5) Any junior licensee or other person violating any
25 provision of this subsection is guilty of a summary offense.
26 Section 2. Section 1532(b)(1) of Title 75 is amended to
27 read:
28 § 1532. Revocation or suspension of operating privilege.
29 * * *
30 (b) Suspension.--
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1 (1) The department shall suspend the operating privilege
2 of any driver for six months upon receiving a certified
3 record of the driver's conviction of any offense under the
4 following provisions:
5 Section 3367 (relating to racing on highways).
6 Section 3716 (c) or (d) (relating to trespass by
7 motor vehicle).
8 Section 3733 (relating to fleeing or attempting to
9 elude police officer).
10 Section 3734 (relating to driving without lights to
11 avoid identification or arrest).
12 Section 3743 (relating to accidents involving damage
13 to attended vehicle or property).
14 18 Pa.C.S. § 3304 (relating to criminal mischief), if
15 the court has made a specific finding of fact that the
16 offense involved the operation of a motor vehicle.
17 * * *
18 Section 3. Title 75 is amended by adding a section to read:
19 § 3716. Trespass by motor vehicle.
20 (a) General rule.--It is unlawful for a person to knowingly
21 operate a motor vehicle on private real property other than a
22 private road or driveway without consent of the owner or lessor
23 of the real property.
24 (b) Operation of motor vehicle on private road or driveway
25 prohibited.--It is unlawful, without the consent of the owner or
26 lessor, for a person to knowingly operate a motor vehicle on a
27 private road or driveway. There shall be a rebuttable
28 presumption that a person has knowingly violated this subsection
29 if the owner or lessor of the road or driveway has placed, at or
30 near the points of entry from public or private vehicular
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1 access, a gate, fence or similar obstruction or a readily
2 visible sign that would reasonably convey that the unauthorized
3 operation of motor vehicles on the road or driveway is
4 prohibited.
5 (c) Damage to real property by operation of motor vehicle
6 prohibited.--It is unlawful for a person to knowingly or
7 recklessly cause damage to any real or personal property by
8 means of the operation of a motor vehicle on private real
9 property. There shall be a rebuttable presumption that a person
10 has knowingly or recklessly caused damage under this subsection
11 where digging, ground breakage or other damage to land, sod or
12 soil or damage to trees, growing crops, ornamental flowers or
13 shrubs or other similar flora affixed to the land or to
14 structures, fixtures or personal property affixed to or located
15 on the private real property has resulted from the operation of
16 a motor vehicle on the private real property.
17 (d) Travel on cultivated land prohibited.--It is unlawful
18 for a person to knowingly operate a motor vehicle on cultivated
19 agricultural land of another without the consent of the owner or
20 lessor. For purposes of this subsection, the term "cultivated
21 agricultural land" includes land which is or has been recently
22 groomed or prepared for the purpose of present or future
23 commercial or private agricultural, silvicultural, horticultural
24 or floricultural production, whether or not the land is
25 currently in seed or sustaining growing crops. There shall be a
26 rebuttable presumption that a person has knowingly operated a
27 motor vehicle on cultivated agricultural land either if there
28 are agricultural crops or residue from the crops visible on the
29 land or if the owner or lessor of the land has placed near the
30 roadside boundaries of the property visible signs which would
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1 easily convey to the operator of a motor vehicle that the land
2 is cultivated agricultural land and that operation of a motor
3 vehicle on it is prohibited.
4 (e) Offense defined.--The following penalties shall apply:
5 (1) A person who violates subsection (b) commits a
6 summary offense and shall, upon conviction, be subject to a
7 fine of $100.
8 (2) A person who violates subsection (c) or (d) commits
9 a summary offense and shall, upon conviction, be subject to a
10 fine of $500 and penalties imposed under section 1532(b)
11 (relating to suspension).
12 (3) In addition, restitution shall be made for the value
13 of damage to real or personal property which results from the
14 violation of this section.
15 (f) Definition.--As used in this section, the term "motor
16 vehicle" includes a trail bike and every motor vehicle
17 regardless of whether it may be transported or drawn upon a
18 highway.
19 Section 4. Section 6322(a) of Title 75 is amended to read:
20 § 6322. Reports by issuing authorities.
21 (a) General rule.--Subject to any inconsistent procedures
22 and standards relating to reports and transmission of funds
23 prescribed pursuant to Title 42 (relating to judiciary and
24 judicial procedure):
25 (1) Following the fifteenth and last days of each month,
26 every issuing authority shall prepare a statement, upon forms
27 prescribed and furnished by the department, of all fines
28 collected, bail forfeited, sentence imposed and final
29 disposition for all cases on violations of or adjudications
30 of delinquency under 18 Pa.C.S. § 3304 (relating to criminal
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1 mischief), if the court has made a specific finding of fact
2 that the offense involved the operation of a motor vehicle,
3 or on violations of any provisions of this title decided by
4 the issuing authority in the semimonthly reporting period
5 just concluded. The statement shall be certified by the
6 issuing authority to be true and correct and shall be
7 forwarded to the department within the following week, with a
8 copy sent to the police department which filed the charge.
9 Any fines and bail forfeited payable to the Commonwealth
10 under Subchapter E of Chapter 35 of Title 42 (relating to
11 fines, etc.) shall accompany the report to the department.
12 (2) The report shall include the identifying number of
13 the citation, the name and residence address of the party
14 charged, the driver's license number, the registration number
15 of the vehicle involved, a description of the offense, the
16 section and subsection of the statute or ordinance violated,
17 the date of hearing, the plea, the judgment or whether bail
18 was forfeited, clear and concise reasons supporting the
19 adjudication, the sentence or amount of forfeiture and such
20 other information as the department may require.
21 * * *
22 Section 5. Section 7724(a) of Title 75 is amended and the
23 subsection is amended by adding a paragraph to read:
24 § 7724. Operation on private or State property.
25 (a) Private real property.--
26 (1) No person shall operate a snowmobile or an ATV on
27 any private real property without the consent of the owner
28 [of] or lessor thereof. Any person operating a snowmobile or
29 an ATV upon lands of another shall stop and identify himself
30 upon the request of the landowner or his duly authorized
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1 representatives and, if requested to do so by the landowner,
2 shall promptly remove the snowmobile or ATV from the
3 premises.
4 (2) When a person operates a snowmobile or an ATV in a
5 manner as to violate section 3716 (relating to trespass by
6 motor vehicle), the applicable fines, penalties and
7 suspensions provided in this title for violation of section
8 3716 shall apply to this subsection.
9 * * *
10 Section 6. This act shall take effect in 60 days.
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