PRIOR PRINTER'S NOS. 219, 2260 PRINTER'S NO. 2763
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, COY, KASUNIC, GRUPPO AND
FLEAGLE, FEBRUARY 1, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 15, 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. Title 75 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 3716. Trespass by motor vehicle.
11 (a) General rule.--It is unlawful for a person to knowingly
12 operate a motor vehicle on private real property other than a
13 private road or driveway without consent of the owner or lessor
14 of the real property.
1 (b) Operation of motor vehicle on private road or driveway
2 prohibited.--It is unlawful, without the consent of the owner or
3 lessor, for a person to knowingly operate a motor vehicle on a
4 private road or driveway. There shall be a rebuttable
5 presumption that a person has knowingly violated this subsection
6 if the owner or lessor of the road or driveway has placed, at or
7 near the points of entry from public or private vehicular
8 access, a gate, fence or similar obstruction or a readily
9 visible sign that would reasonably convey that the unauthorized
10 operation of motor vehicles on the road or driveway is
11 prohibited.
12 (c) Damage to real property by operation of motor vehicle
13 prohibited.--It is unlawful for a person to knowingly or
14 recklessly cause damage to any real or personal property by
15 means of the operation of a motor vehicle on private real
16 property. There shall be a rebuttable presumption that a person
17 has knowingly or recklessly caused damage under this subsection
18 where digging, ground breakage or other damage to land, sod or
19 soil or damage to trees, growing crops, ornamental flowers or
20 shrubs or other similar flora affixed to the land or to
21 structures, fixtures or personal property affixed to or located
22 on the private real property has resulted from the operation of
23 a motor vehicle on the private real property.
24 (d) Travel on cultivated land prohibited.--It is unlawful
25 for a person to knowingly operate a motor vehicle on cultivated
26 agricultural land of another without the consent of the owner or
27 lessor. For purposes of this subsection, the term "cultivated
28 agricultural land" includes land which is or has been recently
29 groomed or prepared for the purpose of present or future
30 commercial or private agricultural, silvicultural, horticultural
19890H0193B2763 - 2 -
1 or floricultural production, whether or not the land is
2 currently in seed or sustaining growing crops. There shall be a
3 rebuttable presumption that a person has knowingly operated a
4 motor vehicle on cultivated agricultural land either if there
5 are agricultural crops or residue from the crops visible on the
6 land or if the owner or lessor of the land has placed near the
7 roadside boundaries of the property visible signs which would
8 easily convey to the operator of a motor vehicle that the land
9 is cultivated agricultural land and that operation of a motor
10 vehicle on it is prohibited.
11 (e) Offense defined.--The following penalties shall apply:
12 (1) A person who violates subsection (b) commits a
13 summary offense and shall, upon conviction, be subject to a
14 fine of $100.
15 (2) A person who violates subsection (c) or (d) commits
16 a summary offense and shall, upon conviction, be subject to
17 the following penalties:
18 (i) A fine of $500 for a first conviction of the
19 offense.
20 (ii) A fine of $1,000 plus suspension of operating
21 privileges for a period of six months for a second or
22 subsequent conviction of the offense. If a person is
23 under 16 years of age at the time of the second or
24 subsequent conviction of an offense, the period of
25 suspension shall commence upon the person's 16th
26 birthday.
27 (3) In addition, restitution shall be made for the value
28 of damage to real or personal property which results from the
29 violation of this section.
30 (f) Assessment of points.--A person whose operating
19890H0193B2763 - 3 -
1 privilege has been suspended pursuant to subsection (e) shall
2 not be subject to assessment of points otherwise applicable
3 under section 1545 (relating to restoration of operating
4 privilege) upon restoration of privileges.
5 (g) Additional penalties.--This section is not intended nor
6 shall this section be construed to preclude prosecution,
7 conviction or imposition of penalties pursuant to other
8 provisions of this title that may be applicable.
9 Section 2. Section 6322(a) of Title 75 is amended to read: <--
10 § 6322. Reports by issuing authorities.
11 (a) General rule.--Subject to any inconsistent procedures
12 and standards relating to reports and transmission of funds
13 prescribed pursuant to Title 42 (relating to judiciary and
14 judicial procedure):
15 (1) Following the fifteenth and last days of each month,
16 every issuing authority shall prepare a statement, upon forms
17 prescribed and furnished by the department, of all fines
18 collected, bail forfeited, sentence imposed and final
19 disposition for all cases on violations of or adjudications
20 of delinquency under any provisions of this title decided by
21 the issuing authority in the semimonthly reporting period
22 just concluded. The statement shall be certified by the
23 issuing authority to be true and correct and shall be
24 forwarded to the department within the following week, with a
25 copy sent to the police department which filed the charge.
26 Any fines and bail forfeited payable to the Commonwealth
27 under Subchapter E of Chapter 35 of Title 42 (relating to
28 fines, etc.) shall accompany the report to the department.
29 (2) The report shall include the identifying number of
30 the citation, the name and residence address of the party
19890H0193B2763 - 4 -
1 charged, the driver's license number, the registration number
2 of the vehicle involved, a description of the offense, the
3 section and subsection of the statute or ordinance violated,
4 the date of hearing, the plea, the judgment or whether bail
5 was forfeited, clear and concise reasons supporting the
6 adjudication, the sentence or amount of forfeiture and such
7 other information as the department may require.
8 * * *
9 SECTION 2. SECTION 6501(A) OF TITLE 75 IS AMENDED TO READ: <--
10 § 6501. DEFINITION OF CONVICTION.
11 (A) GENERAL RULE.--FOR THE PURPOSES OF THIS TITLE A
12 CONVICTION INCLUDES A PLEA OF GUILTY, A PLEA OF NOLO CONTENDERE,
13 A FINDING OF GUILTY OR AN ADJUDICATION OF DELINQUENCY BY A COURT
14 OR AN UNVACATED FORFEITURE OF BAIL OR COLLATERAL DEPOSITED TO
15 SECURE A DEFENDANT'S APPEARANCE IN COURT.
16 * * *
17 Section 3. Section 7724(a) of Title 75 is amended to read:
18 § 7724. Operation on private or State property.
19 (a) Private real property.--
20 (1) No person shall operate a snowmobile or an ATV on
21 any private real property without the consent of the owner
22 [of] or lessor thereof. Any person operating a snowmobile or
23 an ATV upon lands of another shall stop and identify himself
24 upon the request of the landowner or his duly authorized
25 representatives and, if requested to do so by the landowner,
26 shall promptly remove the snowmobile or ATV from the
27 premises.
28 (2) When a person operates a snowmobile or an ATV in a
29 manner as to violate section 3716 (relating to trespass by
30 motor vehicle), the applicable fines, penalties and
19890H0193B2763 - 5 -
1 suspensions provided in this title for violation of section
2 3716 shall apply to this subsection.
3 * * *
4 Section 4. This act shall take effect in 60 days.
A17L75JLW/19890H0193B2763 - 6 -