See other bills
under the
same topic
                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 126, 3818, 3878          PRINTER'S NO. 3939

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 121 Session of 2005


        INTRODUCED BY ROEBUCK, KIRKLAND, KOTIK, LEDERER, McCALL,
           PISTELLA, THOMAS AND WASHINGTON, JANUARY 31, 2005

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, APRIL 24, 2006

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, FURTHER PROVIDING FOR PERIOD OF DISQUALIFICATION,    <--
     3     REVOCATION OR SUSPENSION OF OPERATING PRIVILEGE; providing
     4     for passing and overtaking streetcars AND FOR SNOW AND ICE     <--
     5     DISLODGED OR FALLING FROM MOVING VEHICLES; AND FURTHER
     6     PROVIDING FOR IGNITION INTERLOCK.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Title 75 of the Pennsylvania Consolidated          <--
    10  Statutes is amended by adding to read:
    11     SECTION 1.  SECTION 1541(D) OF TITLE 75 OF THE PENNSYLVANIA    <--
    12  CONSOLIDATED STATUTES IS AMENDED TO READ:
    13  § 1541.  PERIOD OF DISQUALIFICATION, REVOCATION OR SUSPENSION OF
    14             OPERATING PRIVILEGE.
    15     * * *
    16     (D)  CONTINUED SUSPENSION OF OPERATING PRIVILEGE.--A
    17  DEFENDANT ORDERED BY THE COURT UNDER SECTION 3816 (RELATING TO
    18  REQUIREMENTS FOR DRIVING UNDER INFLUENCE OFFENDERS), AS THE
    19  RESULT OF A CONVICTION OR ACCELERATED REHABILITATIVE DISPOSITION

     1  OF A VIOLATION OF SECTION 3802 TO ATTEND A TREATMENT PROGRAM FOR
     2  ALCOHOL OR DRUG ADDICTION MUST SUCCESSFULLY COMPLETE ALL
     3  REQUIREMENTS OF THE TREATMENT PROGRAM ORDERED BY THE COURT
     4  BEFORE THE DEFENDANT'S OPERATING PRIVILEGE MAY BE RESTORED.
     5  SUCCESSFUL COMPLETION OF A TREATMENT PROGRAM INCLUDES THE
     6  PAYMENT OF ALL COURT-IMPOSED FINES AND COSTS, AS WELL AS FEES TO
     7  BE PAID TO THE TREATMENT PROGRAM BY THE DEFENDANT. FOR THE
     8  PURPOSES OF RESTORING A SUSPENDED LICENSE, BEING CURRENT ON A
     9  PAYMENT PLAN SHALL BE CONSIDERED AS A PART OF A SUCCESSFULLY
    10  COMPLETED PROGRAM. IF A DEFENDANT FAILS TO SUCCESSFULLY COMPLETE
    11  THE REQUIREMENTS OF A TREATMENT PROGRAM, THE SUSPENSION SHALL
    12  REMAIN IN EFFECT UNTIL THE DEFENDANT COMPLETES THE PROGRAM AND
    13  IS OTHERWISE ELIGIBLE FOR RESTORATION OF HIS OPERATING
    14  PRIVILEGE. THE TREATMENT AGENCY SHALL IMMEDIATELY NOTIFY THE
    15  COURT OF SUCCESSFUL COMPLETION OF THE TREATMENT PROGRAM. THE
    16  FINAL DECISION AS TO WHETHER A DEFENDANT HAS SUCCESSFULLY
    17  COMPLETED THE TREATMENT PROGRAM RESTS WITH THE COURT.
    18     SECTION 2.  TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:
    19  § 3315.  Passing and overtaking streetcars.
    20     (a)  General rule.--Notwithstanding any other provision of
    21  this subchapter, the driver of a vehicle may not overtake and
    22  pass to the left of a streetcar proceeding in the same
    23  direction, whether the streetcar is actually in motion or
    24  temporarily halted to receive or discharge passengers, if
    25  overtaking or passing requires driving in a lane normally used
    26  by traffic moving in the opposite direction.
    27     (b)  Streetcar stopped to receive or discharge passengers.--
    28  The driver of a vehicle may not overtake and pass a streetcar
    29  which has stopped to receive or discharge passengers on the side
    30  on which passengers board or alight until the doors of the
    20050H0121B3939                  - 2 -     

     1  streetcar are closed and passengers who are discharged have
     2  reached the side of the highway.
     3     (c)  Applicability.--This section shall not be applicable to
     4  locations where streetcars are operating on tracks located
     5  within a median section of the roadway separated from the
     6  roadway by curbs or other physical barriers.
     7  § 3720.  SNOW AND ICE DISLODGED OR FALLING FROM MOVING VEHICLE.   <--
     8     WHEN SNOW OR ICE IS DISLODGED OR FALLS FROM A MOVING VEHICLE
     9  AND STRIKES ANOTHER VEHICLE OR PEDESTRIAN CAUSING INJURY OR       <--
    10  PROPERTY DAMAGE DEATH OR SERIOUS BODILY INJURY AS DEFINED IN      <--
    11  SECTION 3742 (RELATING TO ACCIDENTS INVOLVING DEATH OR PERSONAL
    12  INJURY), THE OPERATOR OF THE VEHICLE FROM WHICH THE SNOW OR ICE
    13  IS DISLODGED OR FALLS SHALL BE SUBJECT TO A FINE OF NOT LESS
    14  THAN $200 NOR MORE THAN $1,000 FOR EACH OFFENSE.
    15     SECTION 3.  SECTION 3805 OF TITLE 75 IS AMENDED BY ADDING A
    16  SUBSECTION TO READ:
    17  § 3805.  IGNITION INTERLOCK.
    18     * * *
    19     (H.1)  MOBILE INSTALLATION SERVICES.--APPROVED SERVICE         <--
    20     (H.1)  MOBILE INSTALLATION SERVICES.--                         <--
    21         (1)  APPROVED SERVICE PROVIDERS OF DEPARTMENT-CERTIFIED
    22     MANUFACTURERS OF IGNITION INTERLOCK SYSTEMS SHALL BE
    23     PERMITTED TO PROVIDE MOBILE INSTALLATION OF IGNITION
    24     INTERLOCK SYSTEMS WITHIN THIS COMMONWEALTH. REGULAR            <--
    25     MAINTENANCE OF IGNITION INTERLOCKS AFTER COMMONWEALTH.         <--
    26         (2)  MOBILE INSTALLATION OF IGNITION INTERLOCK SYSTEMS
    27     SHALL BE HELD TO THE SAME SECURITY AND PROCEDURAL STANDARDS
    28     AS PROVIDED IN SPECIFICATIONS OF THE DEPARTMENT.
    29         (3)  APPROVED SERVICE PROVIDERS OF MOBILE INSTALLATION OF
    30     IGNITION INTERLOCK SYSTEMS SHALL NOT PERMIT THE PROGRAM
    20050H0121B3939                  - 3 -     

     1     PARTICIPANT OR ANY UNAUTHORIZED PERSONNEL TO WITNESS THE
     2     INSTALLATION OF THE IGNITION INTERLOCK SYSTEM.
     3         (4)  REGULAR MAINTENANCE OF IGNITION INTERLOCKS AFTER
     4     MOBILE INSTALLATION SHALL BE PERFORMED ACCORDING TO THE
     5     SPECIFICATIONS ESTABLISHED BY THE DEPARTMENT.
     6     * * *
     7     Section 2 4.  This act shall take effect in 60 days.           <--
















    L6L75JLW/20050H0121B3939         - 4 -