PRINTER'S NO. 3050

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2433 Session of 1994


        INTRODUCED BY MARSICO, MASLAND, CLARK, PICCOLA, TULLI, VANCE,
           EGOLF, B. SMITH, ZUG, KREBS, FLEAGLE, PHILLIPS, ALLEN, VEON,
           TRUE, MIHALICH, E. Z. TAYLOR, KING, TRELLO, CIVERA, WOGAN,
           ROONEY, ADOLPH, KIRKLAND, LEH AND DEMPSEY, JANUARY 4, 1994

        REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 4, 1994

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, providing for doubling point penalties; imposing
     3     minimum fines; and requiring the use of head lamps in
     4     construction and maintenance areas.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 1535 of Title 75 of the Pennsylvania
     8  Consolidated Statutes is amended by adding a subsection to read:
     9  § 1535.  Schedule of convictions and points.
    10     * * *
    11     (b.1)  Construction zones.--Any driver licensed in this
    12  Commonwealth who is convicted of any offense listed under
    13  subsection (a) and that offense occurred in a construction area
    14  or maintenance area as specified in section 3326(c) (relating to
    15  duty of driver in construction and maintenance areas), then the
    16  points assessed under subsection (a) shall be doubled.
    17     * * *
    18     Section 2.  The definition of "serious traffic violation" in

     1  section 1603 of Title 75 is amended to read:
     2  § 1603.  Definitions.
     3     The following words and phrases when used in this chapter
     4  shall have the meanings given to them in this section unless the
     5  context clearly indicates otherwise:
     6     * * *
     7     "Serious traffic violation."
     8         (1)  Excessive speeding as defined by the United States
     9     Secretary of Transportation by regulation and published by
    10     the department as a notice in the Pennsylvania Bulletin.
    11         (2)  Reckless driving.
    12         (3)  Any offense under this title relating to motor
    13     vehicle traffic control arising in connection with an
    14     accident resulting in death to any person.
    15         (4)  Any violation of section 3326 (relating to duty of
    16     driver in construction and maintenance areas) [or], 3365(c)
    17     (relating to special speed limitations) or 3714 (relating to
    18     careless driving).
    19         (5)  Any other offenses defined by the United States
    20     Secretary of Transportation as serious traffic violations and
    21     published by the department as a notice in the Pennsylvania
    22     Bulletin.
    23     * * *
    24     Section 3.  Section 3326(c) of Title 75 is amended and the
    25  section is amended by adding a subsection to read:
    26  § 3326.  Duty of driver in construction and maintenance areas.
    27     * * *
    28     (c)  Fines to be doubled.--The fine for any of the following
    29  violations, when committed in a construction or maintenance area
    30  manned by workers acting in their official capacity, shall be
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     1  double the usual amount:
     2             Section 3102 (relating to obedience to authorized
     3         persons directing traffic).
     4             Section 3111 (relating to obedience to traffic-
     5         control devices).
     6             Section 3112 (relating to traffic-control signals).
     7             Section 3114 (relating to flashing signals).
     8             Section 3302 (relating to meeting vehicle proceeding
     9         in opposite direction).
    10             Section 3303 (relating to overtaking vehicle on the
    11         left).
    12             Section 3304 (relating to overtaking vehicle on the
    13         right).
    14             Section 3305 (relating to limitations on overtaking
    15         on the left).
    16             Section 3306 (relating to limitations on driving on
    17         left side of roadway).
    18             [Section 3307 (relating to no-passing zones).]
    19             Section 3309 (relating to driving on roadways laned
    20         for traffic).
    21             [Section 3310 (relating to following too closely).]
    22             Section 3323 (relating to stop signs and yield
    23         signs).
    24             Section 3326 (relating to duty of driver in
    25         construction and maintenance areas).
    26             Section 3361 (relating to driving vehicle at safe
    27         speed).
    28             Section 3362 (relating to maximum speed limits).
    29             Section 3702 (relating to limitations on backing).
    30             Section 3714 (relating to reckless driving).
    19940H2433B3050                  - 3 -

     1             [Section 3715 (relating to restriction on alcoholic
     2         beverages).]
     3             Section 3731 (relating to driving under influence of
     4         alcohol or controlled substance).
     5     (c.1)  Mandatory minimum fine.--The minimum fine to be
     6  assessed for the violations listed in this subsection shall be
     7  $1,000. The violations are as follows:
     8             Section 3307 (relating to no-passing zones).
     9             Section 3310 (relating to following too closely).
    10             Section 3715 (relating to restriction on alcoholic
    11         beverages).
    12             Section 3736 (relating to reckless driving).
    13     * * *
    14     Section 4.  Section 4302 of Title 75 is amended to read:
    15  § 4302.  Periods for requiring lighted lamps.
    16     (a)  General rule.--The operator of a vehicle upon a highway
    17  shall display the lighted head lamps and other lamps and
    18  illuminating devices required under this chapter for different
    19  classes of vehicles, subject to exceptions with respect to
    20  parked vehicles, at the following times:
    21         (1)  Between sunset and sunrise.
    22         (2)  Any time when, due to insufficient light or
    23     unfavorable atmospheric conditions, including rain, snow,
    24     sleet, hail, fog, smoke or smog, persons and vehicles on the
    25     highway are not clearly discernible to the operator for a
    26     distance of 1,000 feet ahead.
    27         (3)  Any time the vehicle is operating in a construction
    28     area or maintenance area as described in section 3326(a)
    29     (relating to duty of driver in construction and maintenance
    30     areas) with the appropriate notices and signs required under
    19940H2433B3050                  - 4 -

     1     section 3326(d).
     2     (b)  Signal lights.--Stop lights, turn signals and other
     3  signaling devices shall be lighted as prescribed in this title.
     4     Section 5.  This act shall take effect in 60 days.


















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