SENATE AMENDED
PRIOR PRINTER'S NOS. 1029, 4021, 4171, PRINTER'S NO. 4807
4190, 4588, 4751
No. 873 Session of 2003
INTRODUCED BY GEIST, STERN, CAPPELLI, CIVERA, CREIGHTON,
FRANKEL, HARHAI, HERSHEY, HESS, HORSEY, LaGROTTA, MANN,
MARSICO, SATHER, E. Z. TAYLOR, THOMAS, WATSON, WOJNAROSKI,
MAHER, HARPER AND STABACK, MARCH 13, 2003
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 20, 2004
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for suspension of operating
3 privilege and for careless driving., FOR CARELESS DRIVING, <--
4 AND FOR CARELESS DRIVING; PROVIDING FOR SPILLED CARGO, FOR <--
5 ACCIDENT SCENE CLEARANCE AND FOR EXEMPTION FROM ADDITIONAL
6 REQUIREMENTS FOR HIGHWAY OCCUPANCY PERMITS FOR AGRICULTURAL
7 PURPOSES; AND FURTHER PROVIDING FOR PENALTIES FOR VIOLATION <--
8 OF SCHOOL ZONE SPEED LIMITS, FOR POWERS OF THE DEPARTMENT AND
9 LOCAL AUTHORITIES AND, FOR SURCHARGES AND FOR REMOVAL OF <--
10 VEHICLES AND SPILLED CARGO FROM ROADWAY.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Sections 1532(b), 1535(a), 3365(D) and 3714 of <--
14 Title 75 of the Pennsylvania Consolidated Statutes are amended
15 to read:
16 § 1532. Suspension of operating privilege.
17 * * *
18 (b) Suspension.--
19 (1) The department shall suspend the operating privilege
20 of any driver for six months upon receiving a certified
1 record of the driver's conviction of or an adjudication of
2 delinquency based on any offense under the following
3 provisions:
4 Section 3367 (relating to racing on highways).
5 Section 3714(b) (relating to careless driving).
6 Section 3734 (relating to driving without lights to
7 avoid identification or arrest).
8 Section 3736 (relating to reckless driving).
9 Section 3743 (relating to accidents involving damage
10 to attended vehicle or property).
11 (2) The department shall suspend the operating privilege
12 of any driver for six months upon receiving a certified
13 record of the driver's conviction of a subsequent offense
14 under section 1501(a) (relating to drivers required to be
15 licensed) if the prior offense occurred within five years of
16 the violation date of the subsequent offense.
17 (3) The department shall suspend the operating privilege
18 of any driver for 12 months upon receiving a certified record
19 of the driver's conviction of section 3733 (relating to
20 fleeing or attempting to elude police officer) or a
21 substantially similar offense reported to the department
22 under Article III of section 1581 (relating to Driver's
23 License Compact), or an adjudication of delinquency based on
24 section 3733. The department shall suspend the operating
25 privilege of any driver for six months upon receiving a
26 certified record of a consent decree granted under 42 Pa.C.S.
27 Ch. 63 (relating to juvenile matters) based on section 3733.
28 (4) The department shall suspend the operating privilege
29 of any driver for three months upon receiving a certified
30 record of the driver's conviction of section 1371 (relating
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1 to operation following suspension of registration) or 3718
2 (relating to minor prohibited from operating with any alcohol
3 in system) or an adjudication of delinquency based on section
4 1371.
5 (5) The department shall suspend the operating privilege
6 of any driver for three months upon receiving a certified
7 record of the driver's conviction of or an adjudication of
8 delinquency based on section 3714(c).
9 * * *
10 § 1535. Schedule of convictions and points.
11 (a) General rule.--A point system for driver education and
12 control is hereby established which is related to other
13 provisions for use, suspension and revocation of the operating
14 privilege as specified under this title. Every driver licensed
15 in this Commonwealth who is convicted of any of the following
16 offenses shall be assessed points as of the date of violation in
17 accordance with the following schedule:
18 Section Number Offense Points
19 1512 Violation of restriction on
20 driver's license. 2
21 1571 Violation concerning license. 3
22 3102 Failure to obey policeman or
23 authorized person. 2
24 3112(a)(3)(i) or Failure to stop for a red light. 3
25 (ii)
26 3114(a)(1) Failure to stop for a flashing
27 red light. 3
28 3302 Failure to yield half of roadway
29 to oncoming vehicle. 3
30 3303 Improper passing. 3
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1 3304 Other improper passing. 3
2 3305 Other improper passing. 3
3 3306(a)(1) Other improper passing. 4
4 3306(a)(2) Other improper passing. 3
5 3306(a)(3) Other improper passing. 3
6 3307 Other improper passing. 3
7 3310 Following too closely. 3
8 3321 Failure to yield to driver on the
9 right at intersection. 3
10 3322 Failure to yield to oncoming
11 driver when making left turn. 3
12 3323(b) Failure to stop for stop sign. 3
13 3323(c) Failure to yield at yield sign. 3
14 3324 Failure to yield when entering or
15 crossing roadway between inter-
16 sections. 3
17 3332 Improper turning around. 3
18 3341(a) Failure to obey signal indicating
19 approach of train. 2
20 3341(b) Failure to comply with crossing
21 gate or barrier. 4
22 (and 30 days' suspension)
23 3342(b) or (e) Failure to stop at railroad
24 crossings. 4
25 3344 Failure to stop when entering from
26 alley, driveway or building. 3
27 3345(a) Failure to stop for school bus
28 with flashing red lights. 5
29 (and 60 days' suspension)
30 3361 Driving too fast for conditions. 2
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1 3362 Exceeding maximum speed.--Over Limit:
2 6-10 2
3 11-15 3
4 16-25 4
5 26-30 5
6 31-over 5
7 (and departmental hearing
8 and sanctions provided
9 under section 1538(d))
10 3365(b) Exceeding special speed limit
11 in school zone. 3
12 (AND 60 DAYS' SUSPENSION <--
13 FOR A SECOND OR
14 SUBSEQUENT OFFENSE)
15 3365(c) Exceeding special speed limit
16 for trucks on downgrades. 3
17 3542(a) Failure to yield to pedestrian in
18 crosswalk. 2
19 3547 Failure to yield to pedestrian on
20 sidewalk. 3
21 3549(a) Failure to yield to blind
22 pedestrian. 3
23 3702 Improper backing. 3
24 [3714] 3714(a) Careless driving. 3
25 3745 Leaving scene of accident
26 involving property damage only. 4
27 * * *
28 § 3365. SPECIAL SPEED LIMITATIONS. <--
29 * * *
30 (D) PENALTY.--
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1 (1) ANY PERSON VIOLATING ANY PROVISION OF THIS SECTION
2 [IS GUILTY OF] COMMITS A SUMMARY OFFENSE AND SHALL, UPON
3 CONVICTION, BE SENTENCED TO PAY:
4 (I) EXCEPT AS SET FORTH UNDER SUBPARAGRAPH (II), A
5 FINE OF $35.
6 (II) FOR A VIOLATION OF SUBSECTION (B), A FINE OF
7 NOT MORE THAN $500 IF THE PERSON EXCEEDS THE MAXIMUM
8 SPEED LIMIT BY MORE THAN 11 MILES PER HOUR.
9 (2) ANY PERSON EXCEEDING A MAXIMUM SPEED LIMIT
10 ESTABLISHED UNDER THIS SECTION BY MORE THAN FIVE MILES PER
11 HOUR SHALL PAY AN ADDITIONAL FINE OF $2 PER MILE FOR EACH
12 MILE IN EXCESS OF FIVE MILES PER HOUR IN EXCESS OF THE
13 MAXIMUM SPEED LIMIT.
14 § 3714. Careless driving.
15 (a) General rule.--Any person who drives a vehicle in
16 careless disregard for the safety of persons or property is
17 guilty of careless driving, a summary offense.
18 (b) Unintentional death.--If the person who violates this
19 section unintentionally causes the death of another person as a
20 result of the violation, the person shall, upon conviction, be
21 sentenced to pay a fine of $500.
22 (c) Serious bodily injury.--If the person who violates this
23 section unintentionally causes the serious bodily injury of
24 another person as a result of the violation, the person shall,
25 upon conviction, be sentenced to pay a fine of $250.
26 (d) Definition.--As used in this section, "serious bodily
27 injury" means any bodily injury which creates a substantial risk
28 of death or which causes serious, permanent disfigurement or
29 protracted loss or impairment of the function of any bodily
30 member or organ.
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1 SECTION 2. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ: <--
2 § 3743.1. SPILLED CARGO.
3 (A) GENERAL RULE.--IMMEDIATELY FOLLOWING AN ACCIDENT, A
4 POLICE OFFICER MAY REMOVE OR DIRECT REMOVAL OF SPILLED CARGO
5 FROM ANY ROADWAY TO THE NEAREST POINT OFF THE ROADWAY WHERE THE
6 SPILLED CARGO WILL NOT INTERFERE WITH OR OBSTRUCT TRAFFIC.
7 (B) STORAGE OF CARGO.--WHEN, IN THE OPINION OF A POLICE
8 OFFICER, IT IS NECESSARY TO PROTECT THE CONTENTS, LOAD OR
9 SPILLED CARGO OF A WRECKED VEHICLE FROM THE ELEMENTS, SPOILAGE
10 OR THEFT, THE POLICE OFFICER MAY REMOVE OR DIRECT THE REMOVAL OF
11 THE CONTENTS OR LOAD OR SPILLED CARGO AND HAVE THE SAME STORED,
12 AT THE EXPENSE OF THE OWNER, AT THE NEAREST PRACTICAL PLACE OF
13 STORAGE.
14 (C) LIABILITY FOR DAMAGE OR LOSS.--IN CARRYING OUT THE
15 PROVISIONS OF THIS SECTION, NO LIABILITY SHALL ATTACH TO THE
16 POLICE OFFICER OR, ABSENT A SHOWING OF GROSS NEGLIGENCE, TO ANY
17 PERSON ACTING UNDER THE DIRECTION OF THE POLICE OFFICER FOR
18 DAMAGE TO OR LOSS OF ANY PORTION OF THE CONTENTS OR LOAD OR
19 SPILLED CARGO.
20 § 3745.1. ACCIDENT SCENE CLEARANCE.
21 (A) GENERAL RULE.--NOTWITHSTANDING ANY OTHER PROVISION OF
22 LAW TO THE CONTRARY, THE DRIVER OF ANY VEHICLE IN AN ACCIDENT
23 THAT DOES NOT RESULT IN APPARENT SERIOUS INJURY OR DEATH SHALL
24 IMMEDIATELY REMOVE THE VEHICLE FROM THE ROADWAY TO A SAFE REFUGE
25 ON THE SHOULDER, EMERGENCY LANE OR MEDIAN, OR TO A PLACE
26 OTHERWISE REMOVED FROM THE ROADWAY WHENEVER, IN THE JUDGMENT OF
27 THE DRIVER:
28 (1) THE MOTOR VEHICLE DOES NOT REQUIRE TOWING AND CAN BE
29 NORMALLY AND SAFELY DRIVEN UNDER ITS OWN POWER IN ITS
30 CUSTOMARY MANNER WITHOUT FURTHER DAMAGE OR HAZARD TO THE
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1 MOTOR VEHICLE, TRAFFIC ELEMENTS OR THE ROADWAY.
2 (2) THE MOTOR VEHICLE CAN BE MOVED SAFELY.
3 (B) DRIVER REQUEST.--THE DRIVER OF A MOTOR VEHICLE INVOLVED
4 IN A TRAFFIC ACCIDENT MAY REQUEST ANY INDIVIDUAL WHO POSSESSES A
5 VALID DRIVER'S LICENSE TO REMOVE THE VEHICLE FROM THE ROADWAY IN
6 ORDER TO COMPLY WITH THIS SECTION. SUCH INDIVIDUAL IS NOT
7 REQUIRED TO COMPLY WITH THE REQUEST AND SHALL NOT BE SUBJECT TO
8 ANY LIABILITY, EITHER CIVIL OR CRIMINAL, FOR REFUSING THE
9 REQUEST.
10 (C) POLICE OFFICERS.--A POLICE OFFICER MAY IMMEDIATELY
11 REMOVE OR DIRECT REMOVAL OF A WRECKED VEHICLE IF THE OWNER OR
12 OPERATOR CANNOT REMOVE THE WRECKED VEHICLE OR REFUSES OR FAILS
13 TO HAVE THE VEHICLE REMOVED AS REQUIRED UNDER THIS SECTION. IN
14 CARRYING OUT THE PROVISIONS OF THIS SUBSECTION, NO LIABILITY
15 SHALL ATTACH TO THE POLICE OFFICER OR, ABSENT A SHOWING OF GROSS
16 NEGLIGENCE, TO ANY PERSON ACTING UNDER THE DIRECTION OF THE
17 POLICE OFFICER FOR DAMAGE TO ANY VEHICLE OR DAMAGE TO OR LOSS OF
18 ANY PORTION OF THE CONTENTS OF THE VEHICLE.
19 (D) NO LIABILITY.--THE DRIVER OR ANY OTHER PERSON WHO HAS
20 REMOVED A VEHICLE FROM THE ROADWAY AS PROVIDED IN THIS SECTION
21 BEFORE THE ARRIVAL OF A LAW ENFORCEMENT OFFICER SHALL NOT BE
22 CONSIDERED LIABLE OR AT FAULT REGARDING THE CAUSE OF THE
23 ACCIDENT SOLELY BY REASON OF MOVING THE VEHICLE PURSUANT TO THIS
24 SECTION.
25 (E) OTHER DRIVER DUTIES.--COMPLIANCE WITH THIS SECTION SHALL
26 NOT AFFECT A DRIVER'S DUTY TO COMPLY WITH SECTION 3742 (RELATING
27 TO ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY), 3743 (RELATING
28 TO ACCIDENTS INVOLVING DAMAGE TO ATTENDED VEHICLE OR PROPERTY),
29 3744 (RELATING TO DUTY TO GIVE INFORMATION AND RENDER AID), 3745
30 (RELATING TO ACCIDENTS INVOLVING DAMAGE TO UNATTENDED VEHICLE OR
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1 PROPERTY), 3746 (RELATING TO IMMEDIATE NOTICE OF ACCIDENT TO
2 POLICE DEPARTMENT) OR 3747 (RELATING TO WRITTEN REPORT OF
3 ACCIDENT BY DRIVER OR OWNER).
4 (F) OTHER POLICE DUTIES.--THIS SECTION SHALL NOT RELIEVE ANY
5 LAW ENFORCEMENT OFFICER OF AN INVESTIGATING POLICE DEPARTMENT,
6 INCLUDING THE PENNSYLVANIA STATE POLICE, FROM COMPLYING WITH
7 SECTION 3746 OR 3751 (RELATING TO REPORTS BY POLICE).
8 (G) PENALTY.--ANY PERSON VIOLATING THIS SECTION COMMITS A
9 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
10 A FINE OF NOT MORE THAN $50.
11 § 3757. COMPENSATION FOR INCIDENT REMOVAL COSTS.
12 (A) GENERAL RULE.--NOTWITHSTANDING ANY OTHER LAW OR
13 REGULATION, ANY ENTITY INCURRING THE COST OF REMOVING A VEHICLE
14 OR CARGO AT AN ACCIDENT SCENE, IF THE REMOVAL IS AUTHORIZED BY A
15 POLICE OFFICER, SHALL HAVE THE UNQUALIFIED RIGHT TO COMPENSATION
16 FOR THE COST OF REMOVAL AND CARGO STORAGE AND CLEANUP FROM THE
17 OWNER OF:
18 (1) A VEHICLE REMOVED.
19 (2) A VEHICLE THE CARGO OF WHICH WAS REMOVED IN WHOLE OR
20 IN PART.
21 (3) THE CARGO REMOVED.
22 (B) RIGHT TO INFORMATION.--A TOWING COMPANY THAT REMOVES A
23 VEHICLE OR CARGO UNDER SUBSECTION (A) SHALL HAVE THE UNQUALIFIED
24 RIGHT TO ANY INFORMATION RELEVANT TO VEHICLE OWNERSHIP AND
25 INFORMATION AFFECTING COMPENSATION, INCLUDING, BUT NOT LIMITED
26 TO, INSURANCE INFORMATION.
27 § 6103.1. EXEMPTION FROM ADDITIONAL REQUIREMENTS FOR HIGHWAY
28 OCCUPANCY PERMITS FOR AGRICULTURAL PURPOSES.
29 THE DEPARTMENT SHALL WAIVE ALL ADDITIONAL REQUIREMENTS FOR A
30 HIGHWAY OCCUPANCY PERMIT IN A FIFTH THROUGH EIGHTH CLASS COUNTY
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1 WHEN ALL OF THE FOLLOWING CONDITIONS EXIST:
2 (1) THE STATE HIGHWAY HAS AN OVERALL WIDTH OF AT LEAST
3 33 FEET.
4 (2) NOT MORE THAN FIVE COMBINATION VEHICLES PER WEEK
5 WILL ACCESS THE HIGHWAY.
6 (3) THE LACK OF SUFFICIENT LAND IS NOT THE RESULT OF A
7 SUBDIVISION WITHIN TEN YEARS BY THE APPLICANT.
8 (4) THE WAIVER IS NECESSARY FOR THE EXPANSION OR
9 CREATION OF AN AGRICULTURAL OPERATION WHICH LACKS OTHER
10 HIGHWAY ACCESS POINTS THAT COULD BE PERMITTED WITHOUT WAIVER.
11 (5) THE APPLICANT DOES NOT HOLD FEE SIMPLE TITLE TO LAND
12 NECESSARY TO PROVIDE ACCESS WITHOUT THIS WAIVER.
13 (6) THE STATE HIGHWAY HAS AN AVERAGE DAILY TRAVEL OF
14 LESS THAN 6,500 VEHICLES PER DAY.
15 (7) THE HIGHWAY ACCESS POINT HAS A SIGHT DISTANCE OF AT
16 LEAST 500 FEET.
17 SECTION 2 3. SECTION 6109(A)(1) AND (F) OF TITLE 75, AMENDED <--
18 FEBRUARY 9, 2004 (P.L.65, NO.8), ARE AMENDED AND THE SECTION IS
19 AMENDED BY ADDING A SUBSECTION TO READ:
20 § 6109. SPECIFIC POWERS OF DEPARTMENT AND LOCAL AUTHORITIES.
21 (A) ENUMERATION OF POLICE POWERS.--THE PROVISIONS OF THIS
22 TITLE SHALL NOT BE DEEMED TO PREVENT THE DEPARTMENT ON STATE-
23 DESIGNATED HIGHWAYS AND LOCAL AUTHORITIES ON STREETS OR HIGHWAYS
24 WITHIN THEIR PHYSICAL BOUNDARIES FROM THE REASONABLE EXERCISE OF
25 THEIR POLICE POWERS. THE FOLLOWING ARE PRESUMED TO BE REASONABLE
26 EXERCISES OF POLICE POWER:
27 (1) EXCEPT AS LIMITED BY SUBSECTION [(G)] (H),
28 REGULATING OR PROHIBITING STOPPING, STANDING OR PARKING.
29 * * *
30 (F) DELEGATION OF POWERS AUTHORIZED.--EXCEPT AS SET FORTH IN
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1 SUBSECTION [(G)] (H), NOTHING CONTAINED IN THIS SECTION SHALL BE
2 DEEMED TO PREVENT LOCAL AUTHORITIES BY ORDINANCE OR RESOLUTION
3 OF THE LOCAL GOVERNING BODY FROM DELEGATING THEIR POWERS UNDER
4 SUBSECTION (A)(1) OR (22) TO A PARKING AUTHORITY ESTABLISHED
5 PURSUANT TO 53 PA.C.S. CH. 55 (RELATING TO PARKING AUTHORITIES).
6 (H) DELEGATION OF POWERS IN CITIES OF THE SECOND CLASS.--
7 (1) NOTWITHSTANDING ANY CONTRARY PROVISION OF 53 PA.C.S.
8 CH. 55 OR THIS TITLE, BEGINNING ON JANUARY 1, 2005, THE
9 PARKING AUTHORITY OF A CITY OF THE SECOND CLASS SHALL ENFORCE
10 AND ADMINISTER ALL ORDINANCES AND RESOLUTIONS ENACTED OR
11 ADOPTED BY THE CITY OF THE SECOND CLASS PURSUANT TO THE
12 POWERS SPECIFIED UNDER SUBSECTION (A)(1) AND THOSE CERTAIN
13 STOPPING, STANDING AND PARKING PROVISIONS PROVIDED IN
14 SECTIONS 3351 (RELATING TO STOPPING, STANDING AND PARKING
15 OUTSIDE OF BUSINESS AND RESIDENCE DISTRICTS), 3353 (RELATING
16 TO PROHIBITIONS IN SPECIFIED PLACES) AND 3354 (RELATING TO
17 ADDITIONAL PARKING REGULATIONS).
18 (2) BEGINNING ON MARCH 1, 2005, THE PARKING AUTHORITY OF
19 A CITY OF THE SECOND CLASS SHALL ENTER INTO AN AGREEMENT WITH
20 THE CITY OF THE SECOND CLASS FOR THE TRANSFER OF A PORTION OF
21 THE FINES, PENALTIES AND COSTS COLLECTED PURSUANT TO THIS
22 SUBSECTION, WHICH THE PARKING AUTHORITY BOARD DEEMS
23 REASONABLE, TO THE CITY OF THE SECOND CLASS.
24 (3) AS USED IN THIS SUBSECTION, THE FOLLOWING WORDS AND
25 PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
26 PARAGRAPH:
27 "ADMINISTER." TO PROVIDE ANY SERVICES OR MATERIALS
28 NECESSARY TO ENFORCE ANY ORDINANCE OR RESOLUTION ENACTED IN
29 ORDER TO REGULATE OR PROHIBIT THE STOPPING, STANDING OR
30 PARKING OF MOTOR VEHICLES IN A CITY OF THE SECOND CLASS OR
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1 THOSE CERTAIN STOPPING, STANDING AND PARKING PROVISIONS
2 PROVIDED IN SECTIONS 3351, 3353 AND 3354 INCLUDING, BUT NOT
3 LIMITED TO:
4 (I) THE INSTALLATION AND MAINTENANCE OF ALL
5 EQUIPMENT, INCLUDING PARKING METERS, ON AND ALONG
6 HIGHWAYS, STREETS AND ROADWAYS.
7 (II) THE INSTALLATION AND MAINTENANCE OF ALL
8 SIGNAGE, INCLUDING SIGNAGE FOR HANDICAPPED PARKING,
9 RESIDENTIAL PERMIT PARKING AND LOADING AREAS, ON AND
10 ALONG HIGHWAYS, STREETS AND ROADWAYS.
11 (III) THE OPERATION AND MANAGEMENT OF ANY
12 HANDICAPPED PARKING, RESIDENTIAL PARKING AND LOADING AREA
13 PERMIT PROGRAMS.
14 (IV) THE ADJUDICATION OF ALL DISPUTED PARKING
15 VIOLATION NOTICES OR CITATIONS ISSUED THROUGH ENFORCEMENT
16 BY THE PARKING AUTHORITY IN A CITY OF THE SECOND CLASS.
17 "ENFORCE." THE ISSUANCE OF PARKING VIOLATION NOTICES OR
18 CITATIONS, THE IMMOBILIZATION, TOWING AND IMPOUNDMENT OF
19 MOTOR VEHICLES AND THE COLLECTION OF FINES, PENALTIES AND
20 COSTS, INCLUDING INDEPENDENT COLLECTION AGENCY FEES, FOR
21 VIOLATIONS OF ANY ORDINANCE OR RESOLUTION ENACTED IN ORDER TO
22 REGULATE OR PROHIBIT THE STOPPING, STANDING OR PARKING OF
23 MOTOR VEHICLES IN A CITY OF THE SECOND CLASS AND THOSE
24 CERTAIN STOPPING, STANDING AND PARKING PROVISIONS PROVIDED IN
25 SECTIONS 3351, 3353 AND 3354.
26 SECTION 3 4. SECTION 6506 OF TITLE 75, AMENDED FEBRUARY 9, <--
27 2004 (P.L.65, NO.8), IS AMENDED TO READ:
28 § 6506. SURCHARGE.
29 (A) LEVY AND IMPOSITION.--IN ADDITION TO ANY FINES, FEES OR
30 PENALTIES LEVIED OR IMPOSED AS PROVIDED BY LAW, UNDER THIS TITLE
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1 OR ANY OTHER STATUTE, A SURCHARGE SHALL BE LEVIED FOR
2 DISPOSITION IN ACCORDANCE WITH SUBSECTION (B) AS FOLLOWS:
3 (1) UPON CONVICTION FOR ANY VIOLATION OF THE PROVISIONS
4 OF THIS TITLE OR OTHER STATUTE OF THE COMMONWEALTH, OR
5 REGULATIONS PROMULGATED UNDER THIS TITLE, WHICH IS A TRAFFIC
6 VIOLATION AND WHICH IS NOT INCLUDED WITHIN THE PROVISIONS OF
7 PARAGRAPHS (2) THROUGH (7), EXCLUSIVE OF PARKING OFFENSES, A
8 SURCHARGE OF $30.
9 (2) UPON CONVICTION FOR A VIOLATION OF THE FOLLOWING
10 PROVISIONS OF THIS TITLE, A SURCHARGE OF $40:
11 (I) SECTION 3306(A)(1) (RELATING TO LIMITATIONS ON
12 DRIVING ON LEFT SIDE OF ROADWAY).
13 (II) SECTION 3745 (RELATING TO ACCIDENTS INVOLVING
14 DAMAGE TO UNATTENDED VEHICLE OR PROPERTY).
15 (3) UPON CONVICTION FOR A VIOLATION OF SECTION 3345(A)
16 (RELATING TO MEETING OR OVERTAKING SCHOOL BUS), A SURCHARGE
17 OF $50.
18 (4) UPON CONVICTION FOR A VIOLATION OF SECTION 3362
19 (RELATING TO MAXIMUM SPEED LIMITS), THE FOLLOWING APPLICABLE
20 SURCHARGE:
21 (I) $30 FOR EXCEEDING THE MAXIMUM SPEED LIMIT BY 6
22 TO 10 MILES PER HOUR OR 11 TO 15 MILES PER HOUR.
23 (II) $40 FOR EXCEEDING THE MAXIMUM SPEED LIMIT BY 16
24 TO 25 MILES PER HOUR.
25 (III) $50 FOR EXCEEDING THE MAXIMUM SPEED LIMIT BY
26 AT LEAST 26 MILES PER HOUR.
27 (5) UPON CONVICTION FOR VIOLATION OF SECTION 4902
28 (RELATING TO RESTRICTIONS ON USE OF HIGHWAYS AND BRIDGES),
29 SUBCHAPTER C OF CHAPTER 49 (RELATING TO MAXIMUM WEIGHTS OF
30 VEHICLES) OR SUBCHAPTER E OF CHAPTER 49 (RELATING TO
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1 MEASURING AND ADJUSTING VEHICLE SIZE AND WEIGHT), A SURCHARGE
2 OF $150.
3 (6) UPON CONVICTION FOR VIOLATION OF CHAPTER 47
4 (RELATING TO INSPECTION OF VEHICLES), BY THE OWNER OR
5 OPERATOR OR DRIVER OF A VEHICLE WHICH IS SUBJECT TO THE
6 PROVISIONS OF CHAPTER 49 (RELATING TO SIZE, WEIGHT AND LOAD),
7 A SURCHARGE OF $30.
8 (7) UPON CONVICTION OF OFFENSES UNDER SECTION
9 1543(B)(1.1) (RELATING TO DRIVING WHILE OPERATING PRIVILEGE
10 IS SUSPENDED OR REVOKED), 3802 (RELATING TO DRIVING UNDER
11 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR 3808(A)(2)
12 (RELATING TO ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED
13 WITH IGNITION INTERLOCK), OR UPON ADMISSION TO PROGRAMS FOR
14 ACCELERATED REHABILITATIVE DISPOSITION FOR OFFENSES
15 ENUMERATED IN SECTION 1543(B)(1.1), 3802 OR 3808(A)(2), A
16 SURCHARGE, RESPECTIVELY, OF:
17 (I) $50 FOR THE FIRST OFFENSE.
18 (II) $100 FOR THE SECOND OFFENSE.
19 (III) $200 FOR THE THIRD OFFENSE.
20 (IV) $300 FOR THE FOURTH AND SUBSEQUENT OFFENSES.
21 (8) UPON CONVICTION, IN A CITY OF THE FIRST CLASS, OF
22 ANY VIOLATION OF THIS TITLE, A SURCHARGE OF $10.
23 (9) UPON CONVICTION OF ANY VIOLATION OF THIS TITLE IN A
24 CITY OF THE SECOND CLASS, A SURCHARGE OF $10.
25 THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO ANY
26 VIOLATION COMMITTED BY THE OPERATOR OF A MOTORCYCLE, MOTOR-
27 DRIVEN CYCLE, PEDALCYCLE, MOTORIZED PEDALCYCLE OR RECREATIONAL
28 VEHICLE NOT INTENDED FOR HIGHWAY USE.
29 (B) DISPOSITION.--
30 (1) NOTWITHSTANDING THE PROVISIONS OF 42 PA.C.S. §§ 3571
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1 (RELATING TO COMMONWEALTH PORTION OF FINES, ETC.) AND 3573
2 (RELATING TO MUNICIPAL CORPORATION PORTION OF FINES, ETC.):
3 (I) ALL SURCHARGES LEVIED AND COLLECTED UNDER
4 SUBSECTION (A)(1) THROUGH (7) BY ANY DIVISION OF THE
5 UNIFIED JUDICIAL SYSTEM EXISTING UNDER SECTION 1 OF
6 ARTICLE V OF THE CONSTITUTION OF PENNSYLVANIA AND 42
7 PA.C.S. § 301 (RELATING TO UNIFIED JUDICIAL SYSTEM) SHALL
8 BE REMITTED TO THE COMMONWEALTH FOR DEPOSIT IN THE
9 CATASTROPHIC LOSS BENEFITS CONTINUATION FUND FOR THE
10 PURPOSE OF FUNDING CATASTROPHIC LOSS BENEFITS IN
11 ACCORDANCE WITH SECTION 1798.2 (RELATING TO TRANSITION).
12 (II) ALL SURCHARGES LEVIED AND COLLECTED UNDER
13 SUBSECTION (A)(8) AND (9) BY SUCH DIVISION OF THE UNIFIED
14 JUDICIAL SYSTEM SHALL BE REMITTED TO THE APPROPRIATE
15 TOWING AND STORAGE AGENT AS SET FORTH IN SECTION
16 6309.2(E) (RELATING TO IMMOBILIZATION, TOWING AND STORAGE
17 OF VEHICLE FOR DRIVING WITHOUT OPERATING PRIVILEGES OR
18 REGISTRATION) FOR PURPOSES OF FUNDING ITS COSTS
19 ASSOCIATED WITH SUBCHAPTER A OF CHAPTER 63 (RELATING TO
20 GENERAL PROVISIONS).
21 (III) IF THE SURCHARGE IS BEING PAID IN
22 INSTALLMENTS, THE SURCHARGE SHALL BE REMITTED ON EACH
23 INSTALLMENT.
24 (2) THE SURCHARGES LEVIED AND COLLECTED UNDER SUBSECTION
25 [(A)] (A)(8) AND (9) SHALL NOT BE DEPOSITED FOR THE CREDIT OR
26 USE OF, OR OTHERWISE ALLOCATED, DIRECTED OR PAID TO, COUNTIES
27 OR MUNICIPALITIES UNDER THE PROVISIONS OF 42 PA.C.S. CH. 35
28 SUBCH. E (RELATING TO FINES, ETC.), OR ANY OTHER STATUTE, THE
29 CRIME VICTIM'S COMPENSATION BOARD UNDER SECTION 477.15(B) OF
30 THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE
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1 ADMINISTRATIVE CODE OF 1929, THE COMMISSION ON CRIME AND
2 DELINQUENCY FOR VICTIM-WITNESS SERVICES GRANTS UNDER SECTION
3 477.15(C) OF THE ADMINISTRATIVE CODE OF 1929, RAPE CRISIS
4 CENTERS, THE EMERGENCY MEDICAL SERVICES OPERATING FUND,
5 DOMESTIC VIOLENCE SHELTERS, THE JUDICIAL COMPUTER SYSTEM
6 AUGMENTATION ACCOUNT ESTABLISHED UNDER 42 PA.C.S. CH. 37
7 SUBCH. C (RELATING TO JUDICIAL COMPUTER SYSTEM) OR UNDER ANY
8 OTHER STATUTE.
9 Section 2 4. This act shall take effect in 60 150 days. <--
10 SECTION 5. SECTION 7310 OF TITLE 75 IS AMENDED TO READ: <--
11 § 7310. REMOVAL OF [VEHICLES AND SPILLED CARGO] ABANDONED OR
12 PRESUMED ABANDONED VEHICLES FROM ROADWAY.
13 (A) GENERAL RULE.--POLICE OFFICERS MAY IMMEDIATELY REMOVE OR
14 DIRECT REMOVAL OF [ABANDONED OR WRECKED VEHICLES AND SPILLED
15 CARGO] ANY VEHICLE ABANDONED OR PRESUMED TO BE ABANDONED FROM
16 ANY ROADWAY, INCLUDING THE ROADWAY'S BERM OR SHOULDER, TO THE
17 NEAREST POINT OFF THE ROADWAY WHERE THE VEHICLE [OR SPILLED
18 CARGO] WILL NOT INTERFERE WITH OR OBSTRUCT TRAFFIC. [IMMEDIATELY
19 FOLLOWING AN ACCIDENT, THE WRECKED VEHICLE OR SPILLED CARGO
20 SHALL BE REMOVED OR DIRECTED TO BE REMOVED FROM THE ROADWAY BY A
21 POLICE OFFICER IF THE OWNER OR OPERATOR CANNOT REMOVE THE
22 WRECKED VEHICLE OR REFUSES OR FAILS TO HAVE THE VEHICLE REMOVED
23 WITHIN A REASONABLE TIME.
24 (B) STORAGE OF CARGO.--WHEN, IN THE OPINION OF A POLICE
25 OFFICER, IT IS DEEMED NECESSARY FOR THE PROTECTION OF THE
26 CONTENTS OR LOAD OF A WRECKED VEHICLE OR SPILLED CARGO FROM THE
27 ELEMENTS, SPOILAGE OR THEFT, THE POLICE OFFICER MAY REMOVE OR
28 DIRECT TO BE REMOVED AND HAVE STORED AT THE EXPENSE OF THE OWNER
29 THE CONTENTS OR LOAD OR SPILLED CARGO AT THE NEAREST PRACTICAL
30 PLACE OF STORAGE.]
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1 (C) LIABILITY FOR DAMAGE OR LOSS.--IN CARRYING OUT THE
2 PROVISIONS OF THIS SECTION, NO LIABILITY SHALL ATTACH TO THE
3 POLICE OFFICER OR, ABSENT A SHOWING OF GROSS NEGLIGENCE, TO ANY
4 PERSON ACTING UNDER THE DIRECTION OF THE POLICE OFFICER FOR
5 DAMAGE TO A PRESUMED ABANDONED VEHICLE OR DAMAGE TO OR LOSS OF
6 ANY PORTION OF THE CONTENTS [OR LOAD OR SPILLED CARGO.] OF THE
7 VEHICLE.
8 (D) REMOVAL FROM PENNSYLVANIA TURNPIKE SYSTEM.--
9 NOTWITHSTANDING THE OTHER PROVISIONS OF THIS SECTION, ANY
10 VEHICLE ON THE PENNSYLVANIA TURNPIKE SYSTEM PRESUMED TO BE
11 ABANDONED AS DEFINED IN SECTION 102 (RELATING TO DEFINITIONS)
12 SHALL IMMEDIATELY BE REMOVED BY OR AT THE DIRECTION OF THE
13 PENNSYLVANIA STATE POLICE TO THE CONTRACT GARAGE PROVIDING
14 SERVICE FOR THAT AREA. IN ALL CASES, THE PENNSYLVANIA STATE
15 POLICE SHALL REMOVE OR DIRECT THE REMOVAL OF ANY SUCH VEHICLE
16 WITHIN 24 HOURS OF THE TIME OF THE VEHICLE'S PRESUMPTION OF
17 ABANDONMENT.
18 SECTION 4 6. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
19 (1) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
20 (2) THE AMENDMENT OR ADDITION OF 75 PA.C.S. §§
21 6109(A)(1) AND (F) AND 6506 SHALL TAKE EFFECT IN 60 DAYS.
22 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 150
23 DAYS.
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