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                                                      PRINTER'S NO. 4135

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2742 Session of 2004


        INTRODUCED BY BISHOP, THOMAS, JAMES, CRAHALLA, HORSEY,
           YOUNGBLOOD, KELLER, HERSHEY, KIRKLAND AND JOSEPHS,
           JUNE 22, 2004

        REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 22, 2004

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, providing for operation of motor-driven cycles and
     3     motorized pedalcycles; and further providing for operation of
     4     snowmobiles and all-terrain vehicles on streets and highways.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Chapter 35 of Title 75 of the Pennsylvania
     8  Consolidated Statutes is amended by adding a subchapter to read:
     9                            SUBCHAPTER F
    10     OPERATION OF MOTOR-DRIVEN CYCLES AND MOTORIZED PEDALCYCLES
    11  Sec.
    12  3591.  Motor-driven cycles.
    13  3592.  Motorized pedalcycles.
    14  3593.  Penalties.
    15  § 3591.  Motor-driven cycles.
    16     An individual may not operate a motor-driven cycle on a
    17  sidewalk or a pedalcycle path used by pedestrians.
    18  § 3592.  Motorized pedalcycles.


     1     An individual may not operate a motorized pedalcycle on a
     2  sidewalk or a pedalcycle path used by pedestrians.
     3  § 3593.  Penalties.
     4     (a)  General rule.--Except as set forth in subsection (b), an
     5  individual who violates this subchapter commits a summary
     6  offense and shall, upon conviction, be sentenced to pay a fine
     7  of $300 or to imprisonment for not more than 90 days, or both.
     8     (b)  Subsequent offenses.--An individual who, after being
     9  sentenced under subsection (a), violates this subchapter commits
    10  a misdemeanor of the third degree and shall, upon conviction, be
    11  sentenced to pay a fine of $2,500 or to imprisonment for not
    12  more than one year, or both.
    13     Section 2.  Section 7721(a) of Title 75 is amended and the
    14  section is amended by adding a subsection to read:
    15  § 7721.  Operation on streets and highways.
    16     (a)  General rule.--Except as otherwise provided in this
    17  chapter, it is unlawful to [operate] do any of the following:
    18         (1)  Operate an ATV in a city of the first class except
    19     in an area designated as an ATV area in accordance with a
    20     city ordinance.
    21         (2)  Operate a snowmobile or an ATV on any street or
    22     highway which is not designated and posted as a snowmobile or
    23     an ATV road by the governmental agency having jurisdiction.
    24     * * *
    25     (d)  Penalty.--
    26         (1)  Except as set forth in paragraph (2), an individual
    27     who violates subsection (a)(1) commits a summary offense and
    28     shall, upon conviction, be sentenced to pay a fine of $300 or
    29     to imprisonment for not more than 90 days, or both.
    30         (2)  An individual who, after being sentenced under
    20040H2742B4135                  - 2 -     

     1     paragraph (1), violates subsection (a)(1) commits a
     2     misdemeanor of the third degree and shall, upon conviction,
     3     be sentenced to pay a fine of $2,500 or to imprisonment for
     4     not more than one year, or both.
     5     Section 3.  This act shall take effect in 180 days.

















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