PRINTER'S NO. 123
No. 149 Session of 1995
INTRODUCED BY LESCOVITZ, COLAIZZO, HERSHEY, M. COHEN, TIGUE,
PESCI AND TRELLO, JANUARY 20, 1995
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 20, 1995
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for motorized pedalcycles and
3 motor-driven cycles, for ineligibility for licensing, for
4 reports on mental or physical disabilities, for determination
5 of incompetency, for motorcycle protective equipment and for
6 inspection certificates.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The definitions of "motor-driven cycle" and
10 "motorized pedalcycle" in section 102 of Title 75 of the
11 Pennsylvania Consolidated Statutes are amended to read:
12 § 102. Definitions.
13 Subject to additional definitions contained in subsequent
14 provisions of this title which are applicable to specific
15 provisions of this title, the following words and phrases when
16 used in this title shall have, unless the context clearly
17 indicates otherwise, the meanings given to them in this section:
18 * * *
19 "Motor-driven cycle." A motorcycle, including a motor
1 scooter or a motorized pedalcycle, with a motor which produces
2 not to exceed five brake horsepower.
3 ["Motorized pedalcycle." A motor-driven cycle equipped with
4 operable pedals, a motor rated no more than 1.5 brake
5 horsepower, a cylinder capacity not exceeding 50 cubic
6 centimeters, an automatic transmission, and a maximum design
7 speed of no more than 25 miles per hour.]
8 * * *
9 Section 2. Sections 1503(a), 1518, 1519(a), 3525(a) and (b)
10 and 4703(b) of Title 75 are amended to read:
11 § 1503. Persons ineligible for licensing.
12 (a) General rule.--The department shall not issue any
13 driver's license to, or renew the driver's license of, any
14 person:
15 (1) Whose operating privilege is suspended or revoked in
16 this or any other state except as otherwise provided in this
17 title.
18 (2) Whose operating privilege is suspended or revoked in
19 any other state upon grounds which would authorize the
20 suspension or revocation of the operating privilege under
21 this title.
22 (3) Who is a user of alcohol or any controlled substance
23 to a degree rendering the user incapable of safely driving a
24 motor vehicle. This paragraph does not apply to any person
25 who is enrolled or otherwise participating in a methadone or
26 other controlled substance treatment program approved by the
27 Governor's Council on Drug and Alcohol Abuse provided that
28 the person is certified to be competent to drive by a
29 physician designated by the Governor's Council on Drug and
30 Alcohol Abuse.
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1 (4) Who has been adjudged to be afflicted with or
2 suffering from any mental disability or disease and who has
3 not at the time of application been restored to competency by
4 the methods provided by law.
5 [(5) Whose name has been submitted under the provisions
6 of section 1518 (relating to reports on mental or physical
7 disabilities or disorders).
8 (6)] (5) Who is required by the department to take an
9 examination until the person has successfully passed the
10 examination.
11 [(7)] (6) Who is under 18 years of age except in
12 accordance with subsections (b) and (c).
13 [(8)] (7) Who has repeatedly violated any of the
14 provisions of this chapter. The department shall provide an
15 opportunity for a hearing upon invoking this paragraph.
16 * * *
17 § 1518. Reports on mental or physical disabilities or
18 disorders.
19 (a) Definition of disorders and disabilities.--The Medical
20 Advisory Board shall define disorders characterized by lapses of
21 consciousness or other mental or physical disabilities affecting
22 the ability of a person to drive safely for the purpose of the
23 reports required by this section.
24 (b) [Reports by medical personnel.--All physicians and other
25 persons authorized to diagnose or treat disorders and
26 disabilities defined by the Medical Advisory Board shall report
27 to the department, in writing, the full name, date of birth and
28 address of every person over 15 years of age diagnosed as having
29 any specified disorder or disability within ten days.] Reports
30 of disorders and disabilities.--Medical personnel, which for the
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1 purposes of this section shall mean physicians and other persons
2 authorized to diagnose or treat disorders and disabilities
3 described in subsection (a), shall inform any patient 15 years
4 of age or older on whom the diagnosis has been made by the
5 medical personnel of the obligation to report the initial
6 diagnosis to the department within 15 days. Medical personnel
7 shall prepare, sign and mail to the department a report which
8 shall be signed by the patient on a form prescribed by the
9 department. The patient's signature shall constitute consent to
10 the release of information contained in the report. If the
11 patient refuses to sign the report, the medical personnel shall
12 be under no obligation to initiate a report to the department,
13 but, in the exercise of sound medical judgment based on the
14 likelihood of the patient's potential inability to drive safely,
15 may initiate or refrain from initiating a report to the
16 department.
17 (c) [Responsibility of institution heads.--The person in
18 charge of every mental hospital, institution or clinic, or any
19 alcohol or drug treatment facility, shall be responsible to
20 assure that reports are filed in accordance with subsection
21 (b).] Medical confirmation of reports.--The department upon
22 receipt of a report required by subsection (b) may require from
23 the reporter or other medical personnel additional information
24 confirming onset of the condition, the diagnosis, any medication
25 which may have been prescribed for the condition and the
26 prognosis. The medical personnel shall forward the information
27 to the department. The department may prescribe a form for
28 obtaining additional medical information.
29 (d) Confidentiality of reports.--The reports required by
30 this section shall be confidential and shall be used solely for
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1 the purpose of determining the qualifications of any person to
2 drive a motor vehicle on the highways of this Commonwealth.
3 (e) Use of report or information as evidence.--No report or
4 information forwarded under the provisions of this section shall
5 be used as evidence in any civil or criminal trial except in any
6 proceeding under section 1519(c) (relating to determination of
7 incompetency).
8 (f) Immunity from civil and criminal liability.--No civil or
9 criminal action may be brought against any person or agency
10 [for]:
11 (1) For providing the information required or permitted
12 to be reported under this system.
13 (2) For not providing the information permitted but not
14 required to be reported under this system.
15 § 1519. Determination of incompetency.
16 (a) General rule.--The department, having cause, including
17 reports submitted under section 1518 (relating to reports on
18 mental or physical disabilities or disorders), to believe that a
19 licensed driver or applicant may not be physically or mentally
20 qualified to be licensed, may obtain the advice of a physician
21 who shall cause an examination to be made or who shall designate
22 any other qualified physician. The licensed driver or applicant
23 may cause a written report to be forwarded to the department by
24 a physician of the driver's or applicant's choice. Vision
25 qualifications shall be determined by an optometrist or
26 ophthalmologist. The department shall appoint one or more
27 qualified persons who shall consider all medical reports and
28 testimony and determine the competency of the driver or the
29 applicant to drive.
30 * * *
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1 § 3525. Protective equipment for motorcycle riders.
2 (a) Protective headgear.--Except as provided in subsection
3 (d), no person shall operate or ride upon a motorcycle or a
4 motor-driven cycle [(other than a motorized pedalcycle)] unless
5 he is wearing protective headgear which complies with standards
6 established by the department.
7 (b) Eye-protective devices.--Except as provided in
8 subsection (d), no person shall operate or ride upon a
9 motorcycle [(other than a motorized pedalcycle)] unless he is
10 wearing an eye-protective device of a type approved by the
11 department.
12 * * *
13 § 4703. Operation of vehicle without official certificate of
14 inspection.
15 * * *
16 (b) Exceptions.--Subsection (a) does not apply to:
17 (1) Special mobile equipment.
18 (2) Implements of husbandry.
19 (3) Motor vehicles being towed.
20 (4) Motor vehicles being operated or trailers being
21 towed by an official inspection station owner or employee for
22 the purpose of inspection.
23 (5) Trailers having a registered gross weight of 3,000
24 pounds or less.
25 [(6) Motorized pedalcycles.]
26 [(7)] (6) Vehicles being repossessed by a financer or
27 collector-repossessor through the use of miscellaneous motor
28 vehicle business registration plates.
29 [(8)] (7) New vehicles while they are in the process of
30 manufacture, including testing, and not in transit from the
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1 manufacturer to a purchaser or dealer.
2 [(9)] (8) Any military vehicle used for training by a
3 private, nonprofit, tax exempt military educational
4 institution when such vehicle does not travel on public roads
5 in excess of one mile and the property on both sides of the
6 public road is owned by the institution.
7 [(10)] (9) Antique vehicles.
8 [(11)] (10) A motor vehicle being operated by the
9 vehicle owner while enroute to an inspection station where an
10 appointment for inspection has been scheduled, provided that
11 such operation occurs no later than ten days after the
12 expiration of a valid certificate of inspection issued under
13 this chapter.
14 * * *
15 Section 3. (a) The Department of Transportation shall cease
16 issuing motorized pedalcycle registration plates after the
17 effective date of this act. After the effective date of this
18 act, the department shall issue motor-driven cycle registration
19 plates for vehicles formerly requiring motorized pedalcycle
20 plates.
21 (b) Motorized pedalcycle registration plates which have
22 already been issued shall remain valid until the end of the
23 current registration period. Upon renewal of a vehicle's
24 registration after the effective date of this act, the
25 department shall issue a motor-driven cycle registration plate
26 for the vehicle.
27 Section 4. This act shall take effect as follows:
28 (1) Section 3 of this act shall take effect in six
29 months.
30 (2) The remainder of this act shall take effect in 60
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1 days.
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