PRIOR PRINTER'S NO. 1214 PRINTER'S NO. 1897
No. 924 Session of 2005
INTRODUCED BY GREENLEAF, MADIGAN, PUNT, D. WHITE, TOMLINSON,
STOUT, CORMAN, TARTAGLIONE, MUSTO, LEMMOND, WONDERLING,
C. WILLIAMS, STACK, BOSCOLA, EARLL, O'PAKE, KITCHEN AND
REGOLA, OCTOBER 13, 2005
SENATOR MADIGAN, TRANSPORTATION, AS AMENDED, JUNE 20, 2006
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for definitions; providing for
3 regulation and operation of neighborhood electric vehicles;
4 and further providing for operation of vehicle without
5 official certificate of inspection.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 102 of Title 75 of the Pennsylvania
9 Consolidated Statutes is amended by adding a definition to read:
10 § 102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this title which are applicable to specific
13 provisions of this title, the following words and phrases when
14 used in this title shall have, unless the context clearly
15 indicates otherwise, the meanings given to them in this section:
16 * * *
17 "Neighborhood electric vehicle." A four-wheeled electric
18 vehicle that has a maximum design speed of not less than 20
1 miles per hour and of not more than 25 miles per hour and that
2 is certified by the manufacturer to comply with the Federal
3 motor vehicle safety standards established in 49 CFR 571.500
4 (relating to standard no. 500; low-speed vehicles).
5 * * *
6 Section 2. Chapter 35 of Title 75 is amended by adding a
7 subchapter to read:
8 SUBCHAPTER F
9 OPERATION OF NEIGHBORHOOD ELECTRIC VEHICLES
10 Sec.
11 3591. Scope of subchapter.
12 3592. Required equipment.
13 3593. Operation on certain highways or roadways.
14 3594. Classification as passenger vehicles. <--
15 3594. LICENSING, FINANCIAL RESPONSIBILITY, TITLING AND <--
16 REGISTRATION.
17 3595. Seating limitation.
18 3596. WAIVER OF LIABILITY. <--
19 § 3591. Scope of subchapter.
20 This subchapter applies to the operation of neighborhood
21 electric vehicles on certain highways or roadways in this
22 Commonwealth.
23 § 3592. Required equipment.
24 (a) General rule.--A neighborhood electric vehicle shall be <--
25 equipped in accordance with 49 CFR 571.500 (relating to standard
26 no. 500; low-speed vehicles). Notwithstanding the provisions of
27 49 CFR 571.500, required properly functioning equipment shall
28 include headlamps, stop lamps, turn signal lamps, reflex
29 reflectors, a parking brake, a rearview exterior mirror, a
30 rearview interior mirror, a windshield, a windshield wiper, a
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1 speedometer, an odometer, braking for each wheel, seat belts, a
2 vehicle identification number and such other equipment as is
3 required by Federal regulations.
4 (b) Exemption.--A neighborhood electric vehicle shall be
5 exempt from equipment requirements not enumerated in this
6 subchapter.
7 § 3593. Operation on certain highways or roadways.
8 (a) General rule.--Notwithstanding any other provision of
9 Chapter 33 (relating to rules of the road in general) to the
10 contrary, a neighborhood electric vehicle may be operated only
11 on a highway or roadway with a speed limit of 35 miles per hour
12 or less.
13 (b) Construction.--This section shall not be construed to
14 prohibit a person from operating a neighborhood electric vehicle
15 across an intersection where the highway or roadway has a posted
16 speed limit of more than 35 miles per hour.
17 § 3594. Classification as passenger vehicles.
18 A neighborhood electric vehicle shall be considered a
19 passenger car for the purposes of Part II (relating to title,
20 registration and licensing) and section 4581 (relating to
21 restraint systems).
22 § 3595. Seating limitation.
23 A neighborhood electric vehicle may not be operated at a time
24 in which the number of passengers exceeds the number of
25 available safety belts in the vehicle.
26 (A) GENERAL RULE.--A NEIGHBORHOOD ELECTRIC VEHICLE OPERATED <--
27 UPON ANY HIGHWAY OR ROADWAY IN THIS COMMONWEALTH SHALL BE
28 MAINTAINED IN PROPER CONDITION AND COMPLY WITH THE EQUIPMENT
29 REQUIREMENTS AND STANDARDS AS SET FORTH IN 49 CFR § 571.500
30 (RELATING TO STANDARD NO. 500; LOW-SPEED VEHICLES). A
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1 NEIGHBORHOOD ELECTRIC VEHICLE OPERATED UPON ANY HIGHWAY OR
2 ROADWAY IN THIS COMMONWEALTH SHALL BE EQUIPPED WITH THE
3 FOLLOWING ADDITIONAL EQUIPMENT:
4 (1) BRAKES ADEQUATE TO CONTROL THE MOVEMENT OF AND TO
5 STOP SUCH VEHICLE.
6 (2) AN ODOMETER.
7 (3) A SPEEDOMETER.
8 (4) THE ORIGINAL MANUFACTURER'S VEHICLE IDENTIFICATION
9 NUMBER DIE STAMPED UPON THE BODY OR FRAME, OR BOTH, OF THE
10 VEHICLE OR THE ORIGINAL MANUFACTURER'S VEHICLE IDENTIFICATION
11 NUMBER DIE STAMPED UPON THE ENGINE OR MOTOR OF THE VEHICLE.
12 (B) EXEMPTION.--A NEIGHBORHOOD ELECTRIC VEHICLE SHALL BE
13 EXEMPT FROM EQUIPMENT REQUIREMENTS NOT ENUMERATED IN THIS
14 SUBCHAPTER.
15 (C) SLOW MOVING VEHICLE EMBLEM.--A NEIGHBORHOOD ELECTRIC
16 VEHICLE SHALL HAVE A SLOW MOVING VEHICLE EMBLEM AFFIXED IN A
17 CONSPICUOUS PLACE ON THE REAR OF THE VEHICLE CONSISTENT WITH THE
18 PROVISIONS OF SECTION 4529 (RELATING TO SLOW MOVING VEHICLE
19 EMBLEM).
20 (D) PENALTIES.--ANY PERSON WHO OPERATES A NEIGHBORHOOD
21 ELECTRIC VEHICLE WITHOUT THE EQUIPMENT PRESCRIBED IN THIS
22 SECTION SHALL BE SUBJECT TO THE PENALTIES UNDER SECTION 6502
23 (RELATING TO SUMMARY OFFENSES).
24 § 3593. OPERATION ON CERTAIN HIGHWAYS OR ROADWAYS.
25 (A) OPERATION ON STATE HIGHWAYS.--
26 (1) EXCEPT AS OTHERWISE PROVIDED UNDER PARAGRAPHS (2)
27 AND (3), A NEIGHBORHOOD ELECTRIC VEHICLE MAY NOT BE OPERATED
28 UPON ANY HIGHWAY OR ROADWAY UNDER THE JURISDICTION OF THE
29 DEPARTMENT WITH A POSTED SPEED IN EXCESS OF 25 MILES PER
30 HOUR.
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1 (2) THE SECRETARY MAY, BY ORDER, PERMIT THE USE OF A
2 NEIGHBORHOOD ELECTRIC VEHICLE UPON ANY HIGHWAY OR ROADWAY
3 UNDER THE JURISDICTION OF THE DEPARTMENT WHERE THE POSTED
4 SPEED LIMIT IS GREATER THAN 25 MILES PER HOUR BUT NOT GREATER
5 THAN 35 MILES PER HOUR.
6 (3) THE SECRETARY MAY, BY ORDER, PROHIBIT THE USE OF
7 LOW-SPEED VEHICLES ON ANY STREET UNDER THE JURISDICTION OF
8 THE DEPARTMENT WHERE THE SECRETARY DETERMINES THAT THE
9 OPERATION OF A NEIGHBORHOOD ELECTRIC VEHICLE WOULD CONSTITUTE
10 A HAZARD.
11 (4) ANY ORDER ISSUED BY THE SECRETARY UNDER PARAGRAPH
12 (2) OR (3) SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN.
13 (B) OPERATION ON LOCAL ROADWAYS.--
14 (1) EXCEPT AS OTHERWISE PROVIDED UNDER PARAGRAPH (2) OR
15 (3), A NEIGHBORHOOD ELECTRIC VEHICLE MAY NOT BE OPERATED UPON
16 ANY HIGHWAY OR ROADWAY UNDER THE JURISDICTION OF A LOCAL
17 AUTHORITY WITH A POSTED SPEED LIMIT IN EXCESS OF 25 MILES PER
18 HOUR.
19 (2) LOCAL AUTHORITIES MAY, BY ORDINANCE OR RESOLUTION,
20 AS APPROPRIATE, IN THE CASE OF ANY ROADWAY UNDER THEIR
21 JURISDICTION, PERMIT THE USE OF A NEIGHBORHOOD ELECTRIC
22 VEHICLE WHERE THE POSTED SPEED LIMIT IS GREATER THAN 25 MILES
23 PER HOUR BUT NOT GREATER THAN 35 MILES PER HOUR.
24 (3) A LOCAL AUTHORITY MAY, BY ORDINANCE OR RESOLUTION,
25 AS APPROPRIATE, PROHIBIT THE USE OF A NEIGHBORHOOD ELECTRIC
26 VEHICLE ON ANY ROADWAY WHERE THE LOCAL AUTHORITY DETERMINES
27 THAT THE OPERATION OF A NEIGHBORHOOD ELECTRIC VEHICLE WOULD
28 CONSTITUTE A HAZARD.
29 (C) INTERSECTION WITH STATE HIGHWAYS.--
30 (1) A NEIGHBORHOOD ELECTRIC VEHICLE MAY ENTER AN
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1 INTERSECTION AND CROSS ANY HIGHWAY OR ROADWAY UNDER THE
2 JURISDICTION OF THE DEPARTMENT WHERE THE POSTED SPEED LIMIT
3 IS 35 MILES PER HOUR OR LESS, PROVIDED THAT IF THE HIGHWAY OR
4 ROADWAY IS MORE THAN TWO LANES OR IS DIVIDED, SUCH CROSSING
5 SHALL ONLY OCCUR AT A SIGNALIZED INTERSECTION OR AT A
6 NONSIGNALIZED INTERSECTION AS THE SECRETARY DETERMINES IS
7 APPROPRIATE FOR SUCH CROSSINGS EITHER ON THE SECRETARY'S OWN
8 MOTION OR AT THE REQUEST OF A LOCAL AUTHORITY.
9 (2) A NEIGHBORHOOD ELECTRIC VEHICLE MAY ENTER AN
10 INTERSECTION AND CROSS ANY HIGHWAY OR ROADWAY UNDER THE
11 JURISDICTION OF THE DEPARTMENT WHERE THE POSTED SPEED LIMIT
12 IS IN EXCESS OF 35 MILES PER HOUR ONLY AT A SIGNALIZED
13 INTERSECTION OR AT SUCH NONSIGNALIZED INTERSECTION AS THE
14 SECRETARY DETERMINES IS APPROPRIATE FOR SUCH CROSSING EITHER
15 UPON THE SECRETARY'S OWN MOTION OR AT THE REQUEST OF A LOCAL
16 AUTHORITY.
17 (D) INTERSECTION WITH LOCAL ROADWAYS.--
18 (1) A NEIGHBORHOOD ELECTRIC VEHICLE MAY ENTER AN
19 INTERSECTION AND CROSS ANY HIGHWAY OR ROADWAY UNDER THE
20 JURISDICTION OF A LOCAL AUTHORITY WHERE THE POSTED SPEED
21 LIMIT IS 35 MILES PER HOUR OR LESS, PROVIDED THAT IF THE
22 HIGHWAY OR ROADWAY IS MORE THAN TWO LANES OR IS DIVIDED, SUCH
23 CROSSING SHALL ONLY OCCUR AT SIGNALIZED INTERSECTIONS OR AT
24 SUCH NONSIGNALIZED INTERSECTIONS AS THE LOCAL AUTHORITY BY
25 ORDINANCE OR RESOLUTION, AS APPROPRIATE, DETERMINES ARE
26 APPROPRIATE FOR SUCH CROSSING.
27 (2) A NEIGHBORHOOD ELECTRIC VEHICLE MAY ENTER AN
28 INTERSECTION AND CROSS ANY HIGHWAY OR ROADWAY UNDER THE
29 JURISDICTION OF A LOCAL AUTHORITY WHERE THE POSTED SPEED
30 LIMIT IS 35 MILES PER HOUR ONLY AT A SIGNALIZED INTERSECTION
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1 OR AT SUCH NONSIGNALIZED INTERSECTION AS THE LOCAL AUTHORITY
2 BY ORDINANCE OR RESOLUTION, AS APPROPRIATE, DETERMINES TO BE
3 APPROPRIATE FOR SUCH CROSSING.
4 (E) VIOLATION.--ANY PERSON OPERATING A NEIGHBORHOOD ELECTRIC
5 VEHICLE UPON A HIGHWAY OR ROADWAY OR CROSSING A HIGHWAY OR
6 ROADWAY IN VIOLATION OF THIS SECTION SHALL BE SUBJECT TO THE
7 PENALTIES UNDER SECTION 6502 (RELATING TO SUMMARY OFFENSES).
8 § 3594. LICENSING, FINANCIAL RESPONSIBILITY, TITLING AND
9 REGISTRATION.
10 (A) GENERAL RULE.--A NEIGHBORHOOD ELECTRIC VEHICLE SHALL BE
11 CONSIDERED A PASSENGER CAR FOR THE PURPOSES OF PART II (RELATING
12 TO TITLE, REGISTRATION AND LICENSING) AND SECTION 4581 (RELATING
13 TO RESTRAINT SYSTEMS).
14 (B) LICENSE AND FINANCIAL RESPONSIBILITY.--AN OPERATOR OF A
15 NEIGHBORHOOD ELECTRIC VEHICLE MUST HAVE A VALID DRIVER'S LICENSE
16 AND MAINTAIN FINANCIAL RESPONSIBILITY AS REQUIRED BY CHS. 15
17 (RELATING TO LICENSING OF DRIVERS) AND 17 (RELATING TO FINANCIAL
18 RESPONSIBILITY).
19 (C) CERTIFICATE OF TITLE AND REGISTRATION.--A NEIGHBORHOOD
20 ELECTRIC VEHICLE SHALL BE PROPERLY TITLED AND REGISTERED WITH
21 THE DEPARTMENT AS REQUIRED BY CHS. 11 (RELATING CERTIFICATE OF
22 TITLE AND SECURITY INTERESTS) AND 13 (RELATING TO REGISTRATION
23 OF VEHICLES).
24 (D) POSSESSION OF INFORMATION.--THE DRIVER'S LICENSE, THE
25 REGISTRATION CERTIFICATE OF A MOTOR VEHICLE AND AN INSURANCE
26 IDENTIFICATION CARD SHALL BE IN THE POSSESSION OF THE DRIVER OR
27 OPERATOR AT ALL TIMES WHEN THE DRIVER OR OPERATOR IS IN CHARGE
28 OF A NEIGHBORHOOD ELECTRIC VEHICLE ON THE HIGHWAYS OR ROADWAYS
29 OF THIS COMMONWEALTH.
30 § 3595. SEATING LIMITATION.
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1 A NEIGHBORHOOD ELECTRIC VEHICLE MAY NOT BE OPERATED AT A TIME
2 IN WHICH THE NUMBER OF PASSENGERS EXCEEDS THE NUMBER OF
3 AVAILABLE SAFETY BELTS IN THE VEHICLE.
4 § 3596. WAIVER OF LIABILITY.
5 (A) GENERAL RULE.--A PURCHASER OF A NEW NEIGHBORHOOD
6 ELECTRIC VEHICLE IN THIS COMMONWEALTH SHALL EXECUTE A WAIVER AND
7 CERTIFY THAT THE NEIGHBORHOOD ELECTRIC VEHICLE WAS PURCHASED
8 WITH FULL KNOWLEDGE OF THE POTENTIALLY HAZARDOUS CHARACTERISTICS
9 OF SUCH VEHICLES AS DETAILED BY THE MANUFACTURER OR THE
10 MANUFACTURER'S AGENT OR DEALER.
11 (B) MANUFACTURER RESPONSIBILITY.--THE WAIVER SHALL BE
12 PREPARED BY THE MANUFACTURER AND KEPT IN THE POSSESSION OF THE
13 MANUFACTURER AND THE MANUFACTURER'S AGENT OR DEALER OF
14 NEIGHBORHOOD ELECTRIC VEHICLES. AN EXECUTED COPY SHALL BE
15 PROVIDED TO THE PURCHASER.
16 (C) SIGNING BY PURCHASER.--THE SIGNING OF THE WAIVER BY THE
17 PURCHASER SHALL SERVE TO ELIMINATE ANY LIABILITY OF THE
18 MANUFACTURER AND THE MANUFACTURER'S AGENT OR DEALER OF
19 NEIGHBORHOOD ELECTRIC VEHICLES.
20 Section 3. Section 4703(b) of Title 75 is amended by adding
21 a paragraph to read:
22 § 4703. Operation of vehicle without official certificate of
23 inspection.
24 * * *
25 (b) Exceptions.--Subsection (a) does not apply to:
26 * * *
27 (14) A neighborhood electric vehicle.
28 Section 4. This act shall take effect in 180 days.
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