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        PRIOR PRINTER'S NO. 2527                      PRINTER'S NO. 3739

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1950 Session of 1989


        INTRODUCED BY WOZNIAK, OCTOBER 4, 1989

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 18, 1990

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for the definition of conviction.  <--
     3     WHEN LIGHTED HEAD LAMPS ARE REQUIRED, FOR EXEMPTIONS OF        <--
     4     ENTITIES AND VEHICLES FROM FEES AND FOR REVOCATION OR
     5     SUSPENSION OF OPERATING PRIVILEGE.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 6501 of Title 75 of the Pennsylvania       <--
     9  Consolidated Statutes 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     (b)  Payment of fine as guilty plea.--A payment by any person
    17  charged with a violation of this title of the fine prescribed
    18  for the violation is a plea of guilty.


     1     Section 2.  This act shall take effect in 60 days.
     2     SECTION 1.  SECTION 1532(A) AND (B)(1) AND (3) OF TITLE 75 OF  <--
     3  THE PENNSYLVANIA CONSOLIDATED STATUTES, AMENDED MAY 30, 1990
     4  (P.L.173, NO.42), ARE AMENDED TO READ:
     5  § 1532.  REVOCATION OR SUSPENSION OF OPERATING PRIVILEGE.
     6     (A)  REVOCATION.--THE DEPARTMENT SHALL REVOKE THE OPERATING
     7  PRIVILEGE OF ANY DRIVER FOR ONE YEAR UPON RECEIVING A CERTIFIED
     8  RECORD OF THE DRIVER'S CONVICTION OF[,] OR AN ADJUDICATION OF
     9  DELINQUENCY [OR CONSENT DECREE] BASED ON ANY OF THE FOLLOWING
    10  OFFENSES:
    11         (1)  ANY FELONY IN THE COMMISSION OF WHICH A COURT
    12     DETERMINES THAT A VEHICLE WAS ESSENTIALLY INVOLVED.
    13         (2)  ANY VIOLATION OF SECTION 3735 (RELATING TO HOMICIDE
    14     BY VEHICLE WHILE DRIVING UNDER INFLUENCE).
    15         (3)  ANY VIOLATION OF THE FOLLOWING PROVISIONS:
    16             SECTION 3732 (RELATING TO HOMICIDE BY VEHICLE).
    17             SECTION 3742 (RELATING TO ACCIDENTS INVOLVING DEATH
    18         OR PERSONAL INJURY).
    19             SECTION 7102(B) (RELATING TO REMOVAL OR FALSIFICATION
    20         OF IDENTIFICATION NUMBER).
    21             SECTION 7103(B) (RELATING TO DEALING IN VEHICLES WITH
    22         REMOVED OR FALSIFIED NUMBERS).
    23             SECTION 7111 (RELATING TO DEALING IN TITLES AND
    24         PLATES FOR STOLEN VEHICLES).
    25             SECTION 7121 (RELATING TO FALSE APPLICATION FOR
    26         CERTIFICATE OF TITLE OR REGISTRATION).
    27             SECTION 7122 (RELATING TO ALTERED, FORGED OR
    28         COUNTERFEIT DOCUMENTS AND PLATES).
    29     (B)  SUSPENSION.--
    30         (1)  THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
    19890H1950B3739                  - 2 -

     1     OF ANY DRIVER FOR SIX MONTHS UPON RECEIVING A CERTIFIED
     2     RECORD OF THE DRIVER'S CONVICTION OF[,] OR AN ADJUDICATION OF
     3     DELINQUENCY [OR CONSENT DECREE] BASED ON ANY OFFENSE UNDER
     4     THE FOLLOWING PROVISIONS:
     5             SECTION 3367 (RELATING TO RACING ON HIGHWAYS).
     6             SECTION 3733 (RELATING TO FLEEING OR ATTEMPTING TO
     7         ELUDE POLICE OFFICER).
     8             SECTION 3734 (RELATING TO DRIVING WITHOUT LIGHTS TO
     9         AVOID IDENTIFICATION OR ARREST).
    10             SECTION 3736 (RELATING TO RECKLESS DRIVING).
    11             SECTION 3743 (RELATING TO ACCIDENTS INVOLVING DAMAGE
    12         TO ATTENDED VEHICLE OR PROPERTY).
    13         * * *
    14         (3)  THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
    15     OF ANY DRIVER FOR 12 MONTHS UPON RECEIVING A CERTIFIED RECORD
    16     OF THE DRIVER'S CONVICTION OF SECTION 3731 (RELATING TO
    17     DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
    18     OR AN ADJUDICATION OF DELINQUENCY [OR CONSENT DECREE] BASED
    19     ON SECTION 3731. THE DEPARTMENT SHALL SUSPEND THE OPERATING
    20     PRIVILEGE OF ANY DRIVER FOR SIX MONTHS UPON RECEIVING A
    21     CERTIFIED RECORD OF A CONSENT DECREE GRANTED UNDER 42 PA.C.S.
    22     CH. 63 (RELATING TO JUVENILE MATTERS) BASED ON SECTION 3731.
    23         * * *
    24     SECTION 2.  SECTION 1901(B) OF TITLE 75 IS AMENDED BY ADDING
    25  A PARAGRAPH TO READ:
    26  § 1901.  EXEMPTION OF ENTITIES AND VEHICLES FROM FEES.
    27     * * *
    28     (B)  TITLE AND REGISTRATION FEES.--NO FEE SHALL BE CHARGED
    29  FOR TITLING OR REGISTRATION OF ANY OF THE FOLLOWING:
    30         * * *
    19890H1950B3739                  - 3 -

     1         (5)  VEHICLES ON LOAN OR TRANSFERRED TO A NONPROFIT
     2     CORPORATION BY THE UNITED STATES DEPARTMENT OF DEFENSE OR THE
     3     UNITED STATES GENERAL SERVICES ADMINISTRATION AND USED FOR
     4     LEASING TO POLITICAL SUBDIVISIONS AND STATE AGENCIES.
     5     * * *
     6     SECTION 3.  SECTION 4302 OF TITLE 75 IS AMENDED TO READ:
     7  § 4302.  [PERIOD] PERIODS FOR REQUIRING LIGHTED LAMPS.
     8     [EVERY VEHICLE UPON A HIGHWAY AT ANY TIME BETWEEN SUNSET AND
     9  SUNRISE AND AT ANY OTHER TIME WHEN, DUE TO INSUFFICIENT LIGHT OR
    10  UNFAVORABLE ATMOSPHERIC CONDITIONS, PERSONS AND VEHICLES ON THE
    11  HIGHWAY ARE NOT CLEARLY DISCERNIBLE FROM A DISTANCE OF 1000 FEET
    12  AHEAD SHALL DISPLAY LIGHTED HEAD AND OTHER LAMPS AND
    13  ILLUMINATING DEVICES AS REQUIRED UNDER THIS CHAPTER FOR
    14  DIFFERENT CLASSES OF VEHICLES, SUBJECT TO EXCEPTIONS WITH
    15  RESPECT TO PARKED VEHICLES. STOP LIGHTS, TURN SIGNALS AND OTHER
    16  SIGNALING DEVICES SHALL BE LIGHTED AS PRESCRIBED IN THIS TITLE.]
    17     (A)  GENERAL RULE.--THE DRIVER OF A VEHICLE UPON A HIGHWAY
    18  SHALL DISPLAY THE LIGHTED HEAD LAMPS AND OTHER LAMPS AND
    19  ILLUMINATING DEVICES REQUIRED UNDER THIS CHAPTER FOR DIFFERENT
    20  CLASSES OF VEHICLES, SUBJECT TO EXCEPTIONS WITH RESPECT TO
    21  PARKED VEHICLES, AT THE FOLLOWING TIMES:
    22         (1)  BETWEEN SUNSET AND SUNRISE.
    23         (2)  ANY TIME WHEN, DUE TO INSUFFICIENT LIGHT OR
    24     UNFAVORABLE ATMOSPHERIC CONDITIONS, INCLUDING RAIN, SNOW,
    25     SLEET, HAIL, FOG, SMOKE OR SMOG, PERSONS AND VEHICLES ON THE
    26     HIGHWAY ARE NOT CLEARLY DISCERNIBLE FOR A DISTANCE OF 1,000
    27     FEET AHEAD OR THE VISIBILITY OF THE VEHICLE TO OTHERS IS
    28     IMPAIRED.
    29     (B)  SIGNAL LIGHTS.--STOP LIGHTS, TURN SIGNALS AND OTHER
    30  SIGNALING DEVICES SHALL BE LIGHTED AS PRESCRIBED IN THIS TITLE.
    19890H1950B3739                  - 4 -

     1     SECTION 4.  THIS ACT SHALL TAKE EFFECT NOVEMBER 1, 1990.




















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