PRIOR PRINTER'S NO. 2864 PRINTER'S NO. 4442
No. 2043 Session of 2007
INTRODUCED BY HALUSKA, BENNINGHOFF, CAPPELLI, GEIST, GODSHALL,
HENNESSEY, HERSHEY, W. KELLER, KOTIK, KULA, MAHONEY, MOUL,
READSHAW, SIPTROTH, SONNEY, STABACK, YOUNGBLOOD AND ELLIS,
NOVEMBER 19, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 24, 2008
AN ACT
1 Amending Titles 32 (Forests, Waters and State Parks), 42 <--
2 (Judiciary and Judicial Procedure) and 75 (Vehicles) of the
3 Pennsylvania Consolidated Statutes, reconsolidating
4 provisions on snowmobiles and all-terrain vehicles; further
5 providing for the definition of "all-terrain vehicle"; and
6 making editorial changes.
7 AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED <--
8 STATUTES, FURTHER PROVIDING FOR THE DEFINITION OF "ALL-
9 TERRAIN VEHICLE."
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Title 32 of the Pennsylvania Consolidated <--
13 Statutes is amended by adding a chapter to read:
14 CHAPTER 77
15 SNOWMOBILES AND ALL-TERRAIN VEHICLES
16 Subchapter
17 A. General Provisions
18 B. Certificates of Title and Registration
19 C. Operation
20 D. Equipment
1 E. Miscellaneous Provisions
2 SUBCHAPTER A
3 GENERAL PROVISIONS
4 Sec.
5 7701. Short title of chapter.
6 7702. Definitions.
7 7703. Applicability of chapter.
8 7704. Rules and regulations.
9 7705. Records and reports.
10 7706. Restricted account.
11 § 7701. Short title of chapter.
12 This chapter shall be known and may be cited as the
13 Snowmobile and All-Terrain Vehicle Act.
14 § 7702. Definitions.
15 The following words and phrases when used in this chapter
16 shall have, unless the context clearly indicates otherwise, the
17 meanings given to them in this section:
18 "All-terrain vehicle" or "ATV." A motorized off-highway
19 vehicle which travels on three or more inflatable tires and
20 which has:
21 (1) a maximum width of 50 inches and a maximum dry
22 weight of 1,000 pounds; or
23 (2) a width which exceeds 50 inches or a dry weight
24 which exceeds 1,000 pounds.
25 ATVs described in paragraph (1) may be referred to as Class I
26 ATVs, and ATVs described in paragraph (2) may be referred to as
27 Class II ATVs. This term does not include snowmobiles, trail
28 bikes, motorboats, golf carts, aircraft, dune buggies,
29 automobiles, construction machines, trucks or home utility
30 machines; military, fire, emergency and law enforcement
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1 vehicles; implements of husbandry; multipurpose agricultural
2 vehicles; vehicles used by the Department of Conservation and
3 Natural Resources; or any vehicle that is or is required to be
4 registered under 75 Pa.C.S. Ch. 13 (relating to registration of
5 vehicles). In addition, this term does not include off-road
6 motor vehicles used exclusively as utility vehicles for
7 agricultural or business operations and incidentally operated or
8 moved upon the highway.
9 "Dealer." A person engaged in the business of selling
10 snowmobiles or all-terrain vehicles at wholesale or retail who
11 is registered or required to be registered under section 7711
12 (relating to registration of dealers).
13 "Department." The Department of Conservation and Natural
14 Resources of the Commonwealth.
15 "Head lamp." A major lighting device used to provide general
16 illumination ahead of a vehicle.
17 "Highway." The entire width between the boundary lines of
18 every way publicly maintained when any part thereof is open to
19 the use of the public for purposes of vehicular travel.
20 "Snowmobile." An engine-driven vehicle which is all of the
21 following:
22 (1) Is designed to travel over snow or ice.
23 (2) Has an endless belt track or tracks.
24 (3) Is steered by a ski or skis.
25 (4) Has an overall width of 48 inches or less.
26 The term does not include a farm tractor, construction
27 equipment, military vehicle, vehicle with inflatable tires or
28 machinery used strictly for the grooming of snowmobile trails.
29 "Street." A highway, other than an alley, within the
30 corporate limits of a political subdivision.
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1 "Tail lamp." A device to designate the rear of a vehicle by
2 a warning light.
3 § 7703. Applicability of chapter.
4 This chapter does not apply to law enforcement officers while
5 engaged in the performance of their official duties.
6 § 7704. Rules and regulations.
7 The department may promulgate such rules and regulations as
8 may be necessary to carry out the provisions of this chapter.
9 § 7705. Records and reports.
10 The provisions of 75 Pa.C.S. Ch. 63 Subch. B (relating to
11 records of traffic cases) relating to records and reports shall
12 be applicable to proceedings under this chapter.
13 § 7706. Restricted account.
14 (a) Deposit and use of moneys.--
15 (1) The department shall deposit the following into a
16 restricted account, which is hereby established:
17 (i) all moneys received from the registration of and
18 issuance of certificates of title for snowmobiles and
19 ATVs;
20 (ii) all revenue from the sale of any publications
21 or services relating to snowmobiles and ATVs; and
22 (iii) all fines, penalties, fees and costs assessed
23 and collected as a result of enforcement activities
24 conducted by the department's law enforcement personnel
25 under this chapter.
26 (2) The department shall draw moneys from the restricted
27 account for use in performing any activities necessary to
28 carry out the purposes of this chapter, including
29 registration and certificate of title activities, training,
30 education, enforcement activities, construction and
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1 maintenance of snowmobile and ATV trails and acquisition of
2 equipment, supplies and interests in land. All moneys
3 deposited in this account shall remain in it to be used as
4 specified in this section.
5 (3) The provisions of 42 Pa.C.S. § 3573(b)(2) (relating
6 to municipal corporation portion of fines, etc.)
7 notwithstanding, when prosecution under this chapter is the
8 result of local police action, all fines, penalties, fees and
9 costs assessed as a result of such prosecution shall be
10 payable to the municipal corporation under which the local
11 police are organized.
12 (b) Grant-in-aid.--The department shall, upon written
13 application and subsequent approval, grant money from the
14 restricted account:
15 (1) To municipalities and profit and nonprofit
16 organizations in connection with snowmobile and ATV use on
17 lands not owned by the Commonwealth for the following:
18 (i) Plans, specifications and engineering surveys.
19 (ii) Fees and costs related to the preparation or
20 performance of right-of-way lease agreements.
21 (iii) Land acquisition.
22 (iv) Construction, maintenance and rehabilitation of
23 trails and other facilities for snowmobiles and ATVs.
24 (2) To municipalities and profit and nonprofit
25 organizations for equipment, training and education
26 activities relating to snowmobile and ATV use.
27 (3) To profit and nonprofit organizations for the
28 maintenance and rehabilitation, but not the construction, of
29 snowmobile and ATV trails on land owned by the Commonwealth.
30 (c) Audit of moneys.--The restricted account shall be
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1 audited every two years. Copies of the audit shall be provided
2 to the Snowmobile and ATV Advisory Committee.
3 SUBCHAPTER B
4 CERTIFICATES OF TITLE AND REGISTRATION
5 Sec.
6 7711. Registration of dealers.
7 7711.1. Registration of snowmobile or ATV.
8 7711.2. Limited registration of snowmobile or ATV.
9 7712.1. Certificate of title for snowmobile or ATV.
10 7712.2. Transfer to or from dealer.
11 7712.3. Transfer of snowmobile or ATV by operation of law.
12 7712.4. Correction of certificate of title.
13 7712.5. Issuance of new certificate following transfer.
14 7712.6. Suspension and cancellation of certificate of title.
15 7712.7. Application for certificate of title by agent.
16 7712.8. Perfection of security interest in a snowmobile or
17 ATV.
18 7712.9. Satisfaction of security interest.
19 7712.10. Release of security interest.
20 7712.11. Effectiveness of security interests.
21 7712.12. Assignment by secured party of security interest.
22 7712.13. Exemptions.
23 7715.1. Snowmobile or ATV purchased from dealer.
24 7715.2. Fees.
25 7716. Records.
26 7717. Snowmobile and ATV Advisory Committee.
27 § 7711. Registration of dealers.
28 (a) General rule.--A person who is in the business of
29 selling snowmobiles or ATVs in this Commonwealth shall register
30 with the department as a dealer. A person who is in the business
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1 of selling snowmobiles or ATVs outside this Commonwealth may
2 register with the department as a dealer.
3 (b) Issuance.--Upon receipt of an application upon a form
4 prescribed and furnished by the department which shall contain
5 information reasonably required by the department and which
6 shall be accompanied by the required fee, the department shall
7 issue to a dealer:
8 (1) An annual dealer registration certificate containing
9 a dealer registration number and expiration date.
10 (2) Three annual dealer registration plates displaying
11 the expiration date of the dealer registration.
12 (3) Three annual dealer plate registration cards
13 displaying the expiration date of the dealer registration.
14 (c) Registration not transferable.--A dealer registration
15 certificate, dealer registration plate and dealer plate
16 registration card are not transferable.
17 (d) Expiration of registration.--A dealer registration
18 certificate, dealer registration plate and dealer plate
19 registration card expire effective the day after the expiration
20 date displayed on them. A dealer registration certificate,
21 dealer registration plate or dealer plate registration card that
22 has expired is not valid.
23 (e) Use of dealer registration plates.--A dealer may operate
24 or permit to be operated within this Commonwealth a snowmobile
25 or ATV owned by or in the possession of the dealer if:
26 (1) A valid dealer registration certificate issued to
27 the dealer under this section is displayed conspicuously in
28 the dealer's place of business.
29 (2) The operator carries a valid dealer registration
30 card issued to the dealer under this section.
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1 (3) There is displayed on the snowmobile or ATV in a
2 manner prescribed by the department a valid dealer
3 registration plate issued to the dealer under this section.
4 (4) The snowmobile or ATV is operated only for the
5 purpose of demonstration or testing in connection with the
6 dealer's business.
7 § 7711.1. Registration of snowmobile or ATV.
8 (a) General rule.--Except as otherwise provided in
9 subsection (f), it is unlawful for a person to operate or for an
10 owner to permit another person to operate a snowmobile or an ATV
11 unless:
12 (1) There is carried on the snowmobile or ATV a valid
13 registration certificate issued therefor pursuant to
14 subsection (b).
15 (2) There is displayed on the snowmobile a registration
16 decal, or on the ATV a registration plate, issued therefor
17 pursuant to subsection (b).
18 (3) The display of the registration decal or plate is in
19 the manner prescribed by the department.
20 (4) There is displayed on the snowmobile or ATV a valid
21 expiration sticker issued therefor pursuant to subsection
22 (b).
23 (5) The display of the expiration sticker is in the
24 manner prescribed by the department.
25 (b) Issuance.--Upon receipt of an application therefor upon
26 a form prescribed and furnished by the department which shall
27 contain information reasonably required by the department and
28 which shall be accompanied by the required fee, the department
29 shall issue to the owner of a snowmobile or ATV:
30 (1) A biennial registration certificate containing the
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1 registration number for the snowmobile or ATV and the
2 expiration date of the registration.
3 (2) A registration decal displaying the registration
4 number for a snowmobile or a registration plate displaying
5 the registration number for an ATV.
6 (3) A biennial expiration sticker displaying the
7 expiration date of the registration.
8 (c) Temporary registration.--Temporary registration for a
9 period not to exceed 45 days may be issued by a dealer as
10 prescribed by the department. Proof of temporary registration
11 shall be carried and displayed as prescribed by the department.
12 (d) Expiration of registration.--
13 (1) Except as provided in paragraph (2), a registration
14 certificate and an expiration sticker shall expire effective
15 the day after the expiration date appearing on the
16 registration certificate and expiration sticker.
17 (2) Upon transfer of ownership of a snowmobile or ATV
18 during a registration period, the registration certificate
19 and expiration sticker shall expire. The transferor shall,
20 within 15 days from the date of transfer, return to the
21 department the registration certificate with the date of
22 transfer and the name and address of the new owner endorsed
23 on the back. If the transferor applies for registration of a
24 different snowmobile or ATV and pays the required transfer
25 fee, the transferor may be issued in the name of the
26 transferor a registration certificate and expiration sticker
27 for that snowmobile or ATV for the remainder of the
28 registration period without payment of a registration fee.
29 The registration decal or plate shall not be removed from a
30 snowmobile or ATV upon transfer to the new owner and is
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1 invalid until the new owner is issued a registration
2 certificate or limited registration certificate for the
3 snowmobile or ATV.
4 (3) An expired general registration certificate and an
5 expired expiration sticker are invalid.
6 (e) Suspension or revocation.--If a person violates this
7 chapter or is convicted of any offense under this chapter, the
8 department may suspend or revoke a registration certificate and
9 an expiration sticker. A suspended or revoked registration
10 certificate or expiration sticker is invalid.
11 (f) Exemptions from registration.--Subsection (a) does not
12 apply if:
13 (1) The snowmobile or ATV is owned by or in the
14 possession of a dealer who has been issued a dealer
15 registration certificate, dealer registration plates and
16 dealer plate registration cards under section 7711 (relating
17 to registration of dealers), the dealer is in compliance with
18 section 7711 and the snowmobile or ATV is used in accordance
19 with section 7711.
20 (2) The snowmobile or ATV is owned and used by the
21 United States or another state or a political subdivision
22 thereof, in which case the snowmobile or ATV shall display
23 the name of the owner in a manner prescribed by the
24 department.
25 (3) The snowmobile or ATV is operated on land owned or
26 leased by the owner or operator of the snowmobile or ATV and
27 it is not operated elsewhere within this Commonwealth.
28 (4) The owner of the snowmobile or ATV is not a resident
29 of this Commonwealth and the operator presents proof that the
30 snowmobile or ATV has been properly registered in another
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1 jurisdiction that exempts from its registration requirements
2 persons who have obtained proper registration under this
3 chapter.
4 § 7711.2. Limited registration of snowmobile or ATV.
5 (a) General rule.--It is unlawful for a person to operate or
6 for an owner to permit another person to operate a snowmobile or
7 ATV identified in section 7711.1(f)(3) (relating to registration
8 of snowmobile or ATV) unless:
9 (1) A limited registration certificate has been issued
10 therefor pursuant to subsection (b).
11 (2) There is displayed on the snowmobile a valid
12 registration decal or on the ATV a valid registration plate
13 issued pursuant to subsection (b).
14 (3) The display of the registration decal or plate is in
15 the manner prescribed by the department.
16 (b) Issuance.--Upon receipt of an application therefor upon
17 a form prescribed and furnished by the department which shall
18 contain information reasonably required by the department, the
19 department shall issue to the owner of a snowmobile or ATV for
20 which limited registration is required under subsection (a):
21 (1) A limited registration certificate containing the
22 registration number for the snowmobile or ATV.
23 (2) A registration decal displaying the registration
24 number for a snowmobile or a registration plate displaying
25 the registration number for an ATV.
26 (c) Temporary limited registration.--Temporary limited
27 registration for a period not to exceed 45 days may be issued by
28 a dealer as prescribed by the department. Proof of temporary
29 limited registration shall be displayed as prescribed by the
30 department.
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1 (d) Transfer of ownership.--Upon transfer of ownership of a
2 snowmobile or ATV for which a limited registration certificate
3 has been issued, the limited registration certificate shall
4 become invalid. The transferor shall, within 15 days from the
5 date of transfer, return to the department the limited
6 registration certificate with the date of transfer and the name
7 and address of the new owner endorsed on the back. The
8 registration decal or plate shall not be removed from the
9 snowmobile or ATV upon transfer to the new owner and is invalid
10 until the new owner obtains a registration certificate or
11 limited registration certificate for the snowmobile or ATV.
12 (e) Suspension or revocation.--If a person violates this
13 chapter or is convicted of any offense under this chapter, the
14 department may suspend or revoke a limited registration
15 certificate. A suspended or revoked limited registration
16 certificate is invalid.
17 § 7712.1. Certificate of title for snowmobile or ATV.
18 (a) General rule.--Except as otherwise provided in
19 subsection (b), an owner of a snowmobile or ATV which is in this
20 Commonwealth and for which no certificate of title has been
21 issued shall apply to the department for a certificate of title.
22 (b) Exemptions from titling.--No certificate of title is
23 required for:
24 (1) A snowmobile or ATV that was registered prior to
25 February 10, 1987.
26 (2) A snowmobile or ATV owned by the United States
27 unless a general registration certificate has been issued
28 therefor.
29 (3) A new snowmobile or ATV owned by a dealer before and
30 until sale.
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1 (4) A snowmobile or ATV owned by a nonresident of this
2 Commonwealth and not required by law to be registered in this
3 Commonwealth.
4 (5) A snowmobile or ATV owned by a resident of this
5 Commonwealth and required by law to be registered in another
6 state, based and used principally outside of this
7 Commonwealth and not required by law to be registered in this
8 Commonwealth.
9 (c) Contents of application.--Application for a certificate
10 of title shall be made upon a form prescribed and furnished by
11 the department and shall contain a full description of the
12 snowmobile or ATV, date of purchase, the name and address of the
13 owner, a statement of the title of applicant, together with any
14 other information or documents the department requires to
15 identify the snowmobile or ATV and to enable the department to
16 determine whether the owner is entitled to a certificate of
17 title.
18 (d) Signing and filing of application.--Application for a
19 certificate of title shall be made within 15 days of the sale or
20 transfer of a snowmobile or ATV or its entry into this
21 Commonwealth from another jurisdiction, whichever is later. The
22 application shall be accompanied by the required fee and any tax
23 payable by the applicant under the laws of this Commonwealth in
24 connection with the acquisition or use of a snowmobile or ATV or
25 evidence to show that the tax has been paid or collected. The
26 application shall be signed and verified by oath or affirmation
27 by the applicant if a natural person; in the case of an
28 association or partnership, by a member or a partner; and in the
29 case of a corporation, by an executive officer or person
30 specifically authorized by the corporation to sign the
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1 application.
2 (g) Registration without certificate of title prohibited.--
3 Except as provided in subsection (b), the department shall not
4 issue a registration certificate or limited registration
5 certificate for a snowmobile or ATV unless a certificate of
6 title has been issued by the department to the owner or an
7 application for a certificate of title has been delivered by the
8 owner to the department.
9 (h) Refusing issuance of certificate of title.--The
10 department may refuse issuance of a certificate of title if it
11 has reasonable grounds to believe any one of the following:
12 (1) A required fee has not been paid.
13 (2) Any taxes payable under the laws of this
14 Commonwealth on or in connection with, or resulting from the
15 acquisition or use of, the snowmobile or ATV have not been
16 paid.
17 (3) The applicant is not the owner of the snowmobile or
18 ATV.
19 (4) The application contains a false or fraudulent
20 statement.
21 (5) The applicant has failed to furnish required
22 information or documents or any additional information the
23 department reasonably requires.
24 (j) Transfer of ownership of snowmobile or ATV.--
25 (1) Upon the sale or transfer of ownership of a
26 snowmobile or ATV within this Commonwealth, the owner shall
27 execute an assignment and warranty of title to the transferee
28 in the space provided on the certificate of title or as the
29 department prescribes, sworn to before a notary public or
30 other officer empowered to administer oaths, and deliver the
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1 certificate to the transferee at the time of the delivery of
2 the snowmobile or ATV.
3 (2) Except as otherwise provided in section 7715.1
4 (relating to snowmobile or ATV purchased from dealer), the
5 transferee shall, within 15 days of the assignment of the
6 certificate of title, apply for a new title by forwarding to
7 the department the certificate of title executed as required
8 by paragraph (1), a properly completed application for
9 certificate of title, sworn to before a notary public or
10 other officer empowered to administer oaths, and such other
11 forms as the department may require.
12 (k) Penalty.--A person who violates subsection (a) commits a
13 summary offense and shall, upon conviction, be sentenced:
14 (1) For a first offense, to pay a fine of $100 and costs
15 of prosecution.
16 (2) For a subsequent offense, to pay a fine of not less
17 than $300 nor more than $1,000 and costs of prosecution.
18 § 7712.2. Transfer to or from dealer.
19 (a) Transfer to dealer.--If a dealer acquires a snowmobile
20 or ATV for the purpose of resale, a certificate of title need
21 not be applied for as provided for in section 7712.1 (relating
22 to certificate of title for snowmobile or ATV), but the dealer
23 shall, within seven days from the date of acquisition, forward
24 to the department, upon a form prescribed and furnished by the
25 department, notification of the acquisition of the snowmobile or
26 ATV.
27 (b) Execution and display of notice of transfer.--A dealer
28 making notification pursuant to subsection (a) shall execute at
29 least three copies of the notification, the original of which
30 shall be forwarded to the department, one copy to accompany the
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1 snowmobile or ATV in any subsequent transfer and one copy to be
2 retained by the dealer for at least one year after a subsequent
3 transfer, to be exhibited, with the assigned certificate of
4 title, upon request of a police officer or authorized department
5 employee.
6 (c) Transfer from dealer.--Except as otherwise provided in
7 subsection (a), if a dealer transfers the dealer's interest in a
8 snowmobile or ATV:
9 (1) The dealer shall execute an assignment and warranty
10 of title to the transferee in the space provided on the
11 certificate of title or as the department prescribes.
12 (2) The transferee shall complete the application for
13 certificate of title in the name of the transferee, sworn to
14 before a notary public or other officer empowered to
15 administer oaths.
16 (3) The dealer shall forward to the department the
17 certificate of title executed as required by paragraph (1), a
18 properly completed application for certificate of title and
19 such other forms as the department may require within 15 days
20 of the transfer.
21 (d) Exception for repossessed snowmobiles or ATVs.--This
22 section does not apply to a snowmobile or ATV repossessed upon
23 default of performance of a lease, contract of conditional sale
24 or similar agreement.
25 (e) Penalty and suspension or revocation of dealer
26 registration.--A dealer who violates this section commits a
27 summary offense and shall, upon conviction, be sentenced to pay
28 a fine of $50. If a dealer violates this section, the department
29 may suspend or revoke the registration issued under section 7711
30 (relating to registration of dealers).
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1 § 7712.3. Transfer of snowmobile or ATV by operation of law.
2 (a) General rule.--If the interest of an owner in a
3 snowmobile or ATV passes to another other than by voluntary
4 transfer, the transferee shall, except as otherwise provided,
5 promptly mail or deliver to the department the last certificate
6 of title, if available, and shall apply for a new certificate of
7 title on a form prescribed and furnished by the department. The
8 application shall be accompanied by such instruments or
9 documents of authority, or certified copies thereof, as may be
10 sufficient or required by law to evidence or effect a transfer
11 of title or interest in or to chattels in such case.
12 (b) Transfer to surviving spouse.--Transfer of a certificate
13 of title to a surviving spouse, or a person designated by the
14 spouse, may be made without the necessity of filing for letters
15 of administration, notwithstanding the fact that there are minor
16 children surviving the decedent, if the surviving spouse files
17 an affidavit that all debts of the decedent have been paid.
18 (c) Surrender of certificate.--A person holding a
19 certificate of title, whose interest in a snowmobile or ATV has
20 been extinguished or transferred other than by voluntary
21 transfer, shall immediately surrender the certificate of title
22 to the person to whom the right to possession of the snowmobile
23 or ATV has passed. Upon request of the department, such person
24 shall mail or deliver the certificate to the department.
25 Delivery of the certificate pursuant to the request of the
26 department does not affect the rights of the person surrendering
27 the certificate.
28 § 7712.4. Correction of certificate of title.
29 (a) General rule.--When a certificate of title has been
30 issued in error to a person not entitled to it or contains
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1 incorrect information, or information has been omitted from the
2 certificate, the department shall notify in writing the person
3 to whom the certificate has been issued or delivered, and such
4 person shall return the certificate within 48 hours, together
5 with any other information necessary for the adjustment of the
6 department records, and upon receipt of the certificate, the
7 department shall cancel the certificate and issue a corrected
8 certificate.
9 (b) Change in material information on certificate.--If any
10 material information on the certificate of title is changed or
11 different from the information originally set forth, the owner
12 shall immediately inform the department and apply for a
13 corrected certificate. For the purposes of this subsection, a
14 change of address is not deemed material.
15 (c) Seizure of certificate on conviction.--Upon summary
16 conviction for violation of this section, the department may
17 delegate authority to a department employee or police officer to
18 seize the certificate of title.
19 § 7712.5. Issuance of new certificate following transfer.
20 (a) Voluntary transfer.--The department, upon receipt of a
21 properly assigned certificate of title with an application for a
22 new certificate of title, the required fee and any other
23 required documents and articles, shall issue a new certificate
24 of title in the name of the transferee as owner and mail it to
25 the first secured party named in the certificate or, if none, to
26 the owner.
27 (b) Involuntary transfer.--The department, upon receipt of
28 an application for a new certificate of title by a transferee
29 other than by voluntary transfer, on a form prescribed and
30 furnished by the department together with proof satisfactory to
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1 the department of the transfer, the required fee and any other
2 required documents and articles, shall issue a new certificate
3 of title in the name of the transferee as owner.
4 (c) Filing and retention of surrendered certificate.--The
5 department shall file and retain for five years a surrendered
6 certificate of title, or a copy, in such a manner as to permit
7 the tracing of title of the snowmobile or ATV.
8 § 7712.6. Suspension and cancellation of certificate of title.
9 (a) Return of new snowmobile or ATV.--The department may
10 cancel the certificate of title issued for a new snowmobile or
11 ATV if it is shown by satisfactory evidence that the snowmobile
12 or ATV has been returned to the dealer from whom obtained.
13 (b) Snowmobile or ATV sold to nonresidents.--The department
14 may cancel a certificate of title for a snowmobile or ATV sold
15 to a resident of another state or foreign country if the
16 snowmobile or ATV is to be registered in the other jurisdiction.
17 (c) Surrender of Pennsylvania certificate in other
18 jurisdiction.--The department, upon receipt of notification from
19 another state or foreign country that a certificate of title
20 issued by the department has been surrendered by the owner in
21 conformity with the laws of the other state or foreign country,
22 may cancel the certificate of title.
23 (d) Surrender of foreign certificate to department.--If an
24 owner surrenders a certificate of title from another state or
25 foreign country to the department, the department may notify the
26 state or foreign country so that the certificate of title may be
27 canceled or otherwise disposed of in accordance with the law of
28 the other jurisdiction.
29 (e) Conviction for misstatement of facts.--The department,
30 upon receipt of certification from the clerk of a court showing
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1 conviction for a misstatement of facts on an application for an
2 original or duplicate certificate of title or a transfer of a
3 certificate of title, shall suspend the certificate of title and
4 require that it be returned to the department within ten days of
5 notice by the department, whereupon the department may cancel
6 it.
7 (f) Nonpayment of fee.--The department may suspend or cancel
8 a certificate of title when a check received in payment of the
9 fee is not paid on demand or when the fee for the certificate is
10 unpaid and owing.
11 (g) Security interest unaffected by suspension or
12 cancellation.--Suspension or cancellation of a certificate of
13 title does not, in itself, affect the validity of a security
14 interest noted on the certificate.
15 (h) Surrender of certificate.--The department may request
16 the return of a certificate of title which has been suspended or
17 canceled. The owner or person in possession of the certificate
18 of title shall, within ten days of the date of request by the
19 department, mail or deliver the certificate to the department.
20 § 7712.7. Application for certificate of title by agent.
21 (a) Authorization to apply.--No person may apply for a
22 certificate of title on behalf of another person unless
23 authorization to do so is in effect and is verified by oath or
24 affirmation of the other person, made, except as between lessors
25 and fleet owners as lessees, not more than 15 days before the
26 application is received by the department. A lessor may
27 authorize a fleet owner to apply for a certificate of title for
28 a leased snowmobile or ATV for a period of up to one year.
29 (b) Certificate not to be assigned in blank.--No person may
30 apply for, or assign or physically possess, a certificate of
20070H2043B4442 - 20 -
1 title, or direct or allow another person in his employ or
2 control to apply for, or assign or physically possess, a
3 certificate of title, unless the name of the transferee is
4 placed on the assignment of certificate of title simultaneously
5 with the name of the transferor and duly notarized.
6 (c) Persons authorized to hold certificate.--No person may
7 receive, obtain or hold a certificate of title recorded in the
8 name of another person for the other person who is not in the
9 regular employ of, or not a member of the family of, the other
10 person, unless the person receiving, obtaining or holding the
11 certificate of title has a valid undischarged security interest
12 recorded in the department against the snowmobile or ATV
13 represented by the certificate of title.
14 (d) Penalty.--A person who violates this section commits a
15 summary offense and shall, upon conviction, be sentenced to pay
16 a fine of $100 and costs of prosecution.
17 § 7712.8. Perfection of security interest in a snowmobile or
18 ATV.
19 (a) Applicability of section.--Except as otherwise provided
20 in 13 Pa.C.S. §§ 9311(d) (relating to perfection of security
21 interests in property subject to certain statutes, regulations
22 and treaties), 9315(c) and (d) (relating to secured party's
23 rights on disposition of collateral and in proceeds) and 9316(d)
24 and (e) (relating to continued perfection of security interest
25 following change in governing law), this section provides the
26 exclusive method of perfecting a security interest in a
27 snowmobile or ATV for which a certificate of title is required
28 under this subchapter.
29 (b) Snowmobiles or ATVs without Pennsylvania certificate of
30 title.--If an owner creates a security interest in a snowmobile
20070H2043B4442 - 21 -
1 or ATV for which a certificate of title has not been issued by
2 the department, the owner shall, at the request of the secured
3 party, promptly execute an application for a certificate of
4 title on a form prescribed by the department showing the name
5 and address of the secured party. The owner shall tender the
6 application, the existing certificate of title, if any, and the
7 required fee to the department. A security interest in a
8 snowmobile or ATV is perfected at the time that such
9 application, existing certificate of title, if any, and required
10 fee are received by the department.
11 (c) Snowmobiles or ATVs with Pennsylvania certificate of
12 title.--If an owner creates a security interest in a snowmobile
13 or ATV for which a certificate of title has been issued by the
14 department, the owner shall, at the request of the secured
15 party, promptly execute an application on a form prescribed by
16 the department showing the name and address of the secured
17 party. The owner shall tender the certificate of title, together
18 with the application and the required fee, to the department. A
19 security interest in a snowmobile or ATV is perfected at the
20 time such application, certificate of title and required fee are
21 received by the department.
22 (d) Certificate of title in possession of secured party.--
23 Upon request of the owner or a subordinate secured party, a
24 secured party in possession of the certificate of title shall
25 mail or deliver the certificate to the department or, upon
26 receipt from the subordinate secured party of the application of
27 the owner and the required fee, shall mail or deliver them to
28 the department with the certificate of title. The delivery of
29 the certificate to the department does not affect the rights of
30 the first secured party under his security agreement.
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1 (e) Indorsement and delivery of certificate of title.--Upon
2 receipt of the application, existing certificate of title, if
3 any, and required fee, the department shall indorse on the
4 existing certificate of title or the new certificate that it
5 issues the names and addresses of all secured parties and shall
6 mail the certificate of title to the first secured party named
7 in the certificate.
8 § 7712.9. Satisfaction of security interest.
9 (a) Satisfaction of secured obligation.--Unless otherwise
10 agreed by the owner, within 15 days of the satisfaction of the
11 obligation secured by a security interest in a snowmobile or
12 ATV, the secured party shall mail or deliver the certificate of
13 title to the owner or to the department with a statement of
14 satisfaction signed by the secured party. Upon receipt of the
15 certificate of title and statement of satisfaction, the
16 department shall issue a corrected certificate of title without
17 an indorsement of such secured party's security interest and
18 mail the same to the holder of the first remaining security
19 interest or, if there is no remaining security interest, the
20 owner.
21 (b) Satisfaction of subordinate secured obligation.--If the
22 certificate of title for a snowmobile or ATV is in the
23 possession of a prior secured party, the subordinate secured
24 party whose obligation is satisfied shall mail or deliver to the
25 owner a signed statement of satisfaction in accordance with
26 subsection (a). Upon request of the owner and receipt of the
27 statement of satisfaction, the secured party in possession of
28 the certificate of title shall mail or deliver the certificate
29 of title, together with the statement of satisfaction, to the
30 department. Upon receipt of the certificate of title and
20070H2043B4442 - 23 -
1 evidence of satisfaction, the department shall issue a corrected
2 certificate of title without an indorsement of the satisfied
3 security interest and mail the same to the prior secured party.
4 (c) Penalties.--Any person violating the provisions of this
5 section commits a summary offense and shall, upon conviction, be
6 sentenced to pay a fine of $50.
7 § 7712.10. Release of security interest.
8 A secured party that releases a security interest in a
9 snowmobile or ATV shall mail or deliver the certificate of title
10 to the owner with a statement of release signed by the secured
11 party, or the secured party may apply to the department for a
12 corrected certificate of title to be issued in the name of the
13 owner. Upon receipt of the certificate of title and statement of
14 release, the department shall issue a corrected certificate of
15 title without an indorsement of such secured party and mail the
16 same to the holder of the first remaining security interest or,
17 if there is no remaining secured party, the owner.
18 § 7712.11. Effectiveness of security interests.
19 A security interest perfected in accordance with this
20 subchapter is perfected until the secured party provides written
21 evidence of satisfaction in accordance with section 7712.9
22 (relating to satisfaction of security interest) or release in
23 accordance with section 7712.10 (relating to release of security
24 interest) and the indorsement of the security interest is
25 removed by the department pursuant to section 7712.9 or 7712.10.
26 § 7712.12. Assignment by secured party of security interest.
27 (a) General rule.--A secured party may assign, absolutely or
28 otherwise, his security interest in a snowmobile or ATV to a
29 person other than the owner without affecting the interest of
30 the owner or the validity or perfection of the security
20070H2043B4442 - 24 -
1 interest.
2 (b) Duty of assignee.--An assignee who desires to become the
3 secured party of record shall mail or deliver to the department
4 the certificate of title and an assignment by the secured party
5 named on the certificate of title on a form prescribed by the
6 department accompanied by the required fee. Upon receipt of the
7 certificate of title, assignment and fee, the department shall
8 issue a corrected certificate of title naming the assignee as
9 secured party.
10 (c) Division 9.--The provisions of this section are subject
11 to 13 Pa.C.S. § 9308(e) (relating to when security interest or
12 agricultural lien is perfected; continuity of perfection).
13 § 7712.13. Exemptions.
14 The provisions of this subchapter relating to procedures for
15 perfecting, assigning and satisfying security interests do not
16 apply to:
17 (1) a lien given by statute or rule of law to a supplier
18 of services or materials for the snowmobile or ATV;
19 (2) a lien given by statute to the United States, the
20 Commonwealth or any political subdivision of the
21 Commonwealth;
22 (3) a security interest in a snowmobile or ATV described
23 in 13 Pa.C.S. § 9311(d) (relating to perfection of security
24 interests in property subject to certain statutes,
25 regulations and treaties); or
26 (4) a snowmobile or ATV for which a certificate of title
27 is not required under this subchapter.
28 § 7715.1. Snowmobile or ATV purchased from dealer.
29 (a) General rule.--If a snowmobile or ATV is purchased from
30 a dealer, the dealer shall mail or deliver to the department an
20070H2043B4442 - 25 -
1 application for a registration certificate or limited
2 registration certificate, an application for certificate of
3 title, any other required forms and the required fees within 15
4 days of the date of purchase.
5 (b) Penalty.--A dealer who violates subsection (a) commits a
6 summary offense and shall, upon conviction, be sentenced to pay
7 a fine of $300 and costs of prosecution or to be imprisoned for
8 not more than 90 days, or both. In addition, if a dealer
9 violates subsection (a), the department may suspend or revoke
10 the registration issued under section 7711 (relating to
11 registration of dealers).
12 § 7715.2. Fees.
13 (a) Fees.--Except as provided in subsection (b), the
14 department shall collect the following fees:
15 (1) Certificate of title, $22.50.
16 (2) Expiration sticker, $20.
17 (3) Dealer registration, $25.
18 (4) Replacement, due to loss or damage, of registration
19 certificate, limited registration certificate, registration
20 decal, registration plate or expiration sticker, $5.
21 (5) Transfer of registration pursuant to section 7711.1
22 (relating to registration of snowmobile or ATV), $5.
23 (6) Recording the name of a secured party on a
24 certificate of title, $5.
25 (b) Exemptions from fees.--Subsection (a) does not apply to
26 a snowmobile or ATV owned by:
27 (1) The Commonwealth.
28 (2) A political subdivision of this Commonwealth.
29 (3) A volunteer organization and used exclusively for
30 emergency purposes.
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1 § 7716. Records.
2 The department shall maintain a record, which shall be made
3 available to all enforcement agencies, of:
4 (1) The registration number for each snowmobile and ATV
5 for which a registration certificate or limited registration
6 certificate is issued.
7 (2) The name and address of the owner of each snowmobile
8 and ATV for which a registration certificate or limited
9 registration certificate is issued.
10 § 7717. Snowmobile and ATV Advisory Committee.
11 (a) Establishment.--There is hereby established under the
12 jurisdiction of the department a board known as the Snowmobile
13 and ATV Advisory Committee.
14 (b) Composition.--The committee shall consist of 17 members.
15 The members shall be as follows:
16 (1) The chairman and minority chairman of the
17 Environmental Resources and Energy Committee of the Senate.
18 (2) The chairman and minority chairman of the
19 Environmental Resources and Energy Committee of the House of
20 Representatives.
21 (3) One member from the Pennsylvania Game Commission.
22 (4) One member from the Allegheny National Forest.
23 (5) One member from the Pennsylvania State Association
24 of Township Supervisors.
25 (6) One member from the Pennsylvania State Association
26 of Boroughs.
27 (7) One member from the Pennsylvania State Association
28 of County Commissioners.
29 (8) Eight members of the public representing the
30 following organizations to be appointed by the Secretary of
20070H2043B4442 - 27 -
1 Conservation and Natural Resources:
2 (i) Two members from a list of at least six
3 representatives submitted by the Pennsylvania State
4 Snowmobile Association.
5 (ii) Two members from a list of at least six
6 representatives submitted by the Pennsylvania Off-Highway
7 Vehicle Association.
8 (iii) One member from a list of at least three
9 representatives submitted by the Pennsylvania Farm
10 Bureau.
11 (iv) Two members from a list of at least six
12 representatives submitted by conservation or nonmotorized
13 recreation organizations.
14 (v) One member from a list of at least three
15 representatives submitted by the Pennsylvania Travel
16 Council.
17 Each member may designate an alternate to serve in his stead. A
18 member shall notify the chairman in writing of this designation.
19 (c) Terms of appointees.--The terms of all members of the
20 committee appointed by the Secretary of Conservation and Natural
21 Resources shall be three years. Any member of the committee may
22 be reappointed for additional terms. A person appointed to fill
23 a vacancy shall serve for the unexpired term and is eligible for
24 reappointment.
25 (d) Officers.--The members of the committee shall annually
26 elect a chairman, a vice chairman and a secretary from among the
27 public members of the committee.
28 (e) Meetings and expenses.--
29 (1) The committee shall meet at least annually.
30 (2) A public member, including a designee, who misses
20070H2043B4442 - 28 -
1 three consecutive meetings without good cause acceptable to
2 the chairman may be replaced by the Secretary of Conservation
3 and Natural Resources.
4 (3) The public members of the committee shall be allowed
5 actual, necessary and reasonable per diem expenses in
6 accordance with regulations of the Executive Board. The
7 department shall provide appropriate staff support to enable
8 the committee to properly carry out its functions.
9 (f) Powers and duties.--The powers and duties of the
10 committee shall be to advise the Secretary of Conservation and
11 Natural Resources on matters concerning the implementation of
12 this chapter, including existing and proposed regulations,
13 standards, policies and practices; use and operation of
14 snowmobiles and ATVs on public and private land; acquisition,
15 construction, development and maintenance of trails;
16 enforcement; and allocation of fees collected by the department
17 pursuant to this chapter.
18 SUBCHAPTER C
19 OPERATION
20 Sec.
21 7721. Operation on streets and highways.
22 7722. Designation of snowmobile and ATV roads.
23 7723. Special snowmobile and ATV events.
24 7724. Operation on private or State property.
25 7725. Operation by persons under age sixteen.
26 7726. Operation in safe manner.
27 7727. Additional limitations on operation.
28 7728. Accidents and accident reports.
29 7729. Liability of owner for negligence.
30 7730. Liability insurance.
20070H2043B4442 - 29 -
1 § 7721. Operation on streets and highways.
2 (a) General rule.--Except as otherwise provided in this
3 chapter, it is unlawful to operate a snowmobile or an ATV on any
4 street or highway which is not designated and posted as a
5 snowmobile or an ATV road by the governmental agency having
6 jurisdiction.
7 (b) Emergency and bridge crossings.--A snowmobile or an ATV
8 may be operated on highways and streets:
9 (1) During periods of emergency when so declared by a
10 policy agency having jurisdiction.
11 (2) When necessary to cross a bridge or culvert.
12 (c) Crossing street or highway.--A snowmobile or an ATV may
13 make a direct crossing of a street or highway upon compliance
14 with the following requirements:
15 (1) The crossing is made at an angle of approximately 90
16 degrees to the direction of the highway and at a place where
17 no obstruction prevents a quick and safe crossing.
18 (2) The snowmobile or ATV is brought to a complete stop
19 before crossing the shoulder or main-traveled way of the
20 highway.
21 (3) The driver yields the right-of-way to all oncoming
22 traffic which constitutes an immediate hazard.
23 (4) In crossing a divided highway, the crossing is made
24 only at an intersection of such highway with another public
25 street or highway.
26 § 7722. Designation of snowmobile and ATV roads.
27 (a) General rule.--The Department of Transportation on
28 State-designated highways and local authorities on any highway,
29 road or street within its jurisdiction may designate any
30 highway, road or street within its jurisdiction as a snowmobile
20070H2043B4442 - 30 -
1 road or an ATV road, or both, and may, in its discretion,
2 determine whether such road shall be closed to vehicular traffic
3 or whether snowmobiles and ATVs may share this designated road
4 with vehicular traffic.
5 (b) Posting notices.--Adequate notices of such designation
6 and determination shall be sufficiently and prominently
7 displayed.
8 (c) Liability.--There shall be no liability imposed on the
9 Department of Transportation or any other State agency or any
10 political subdivision of this Commonwealth as a result of
11 designating any highway, road or street as a snowmobile road or
12 an ATV road as provided in subsection (a).
13 § 7723. Special snowmobile and ATV events.
14 (a) General rule.--Snowmobiles and ATVs may be operated on
15 highways and streets for special snowmobile and ATV events of
16 limited duration which are conducted according to a prearranged
17 schedule under permit from the governmental agency having
18 jurisdiction.
19 (b) Authority of local authorities.--A local authority may
20 block off highways and streets within its jurisdiction for the
21 purpose of allowing snowmobile and ATV races, rallies or
22 derbies. No State trunk highway or connecting street, or part
23 thereof, shall be blocked off by any local authority for any
24 snowmobile or ATV race, rally or derby.
25 (c) Notification and duty of police.--A local authority
26 shall notify the local police department and the county
27 sheriff's office at least one week in advance of the time and
28 place of any snowmobile or ATV race, rally or derby which may
29 result in any highway or street, or part thereof, being blocked
30 off. Upon such notice, the local police department shall take
20070H2043B4442 - 31 -
1 such measures as it deems appropriate to protect persons and
2 property and to regulate traffic in the designated area and its
3 vicinity on the day of such race, rally or derby.
4 § 7724. Operation on private or State property.
5 (a) Private real property.--
6 (1) No person shall operate a snowmobile or an ATV on
7 private real property without the consent of the owner
8 thereof. Any person operating a snowmobile or an ATV upon
9 lands of another shall stop and identify himself upon the
10 request of the landowner or his duly authorized
11 representatives and, if requested to do so by the landowner,
12 shall promptly remove the snowmobile or ATV from the
13 premises.
14 (2) When a person operates a snowmobile or an ATV in a
15 manner as to violate 75 Pa.C.S. § 3717 (relating to trespass
16 by motor vehicle), the applicable fines, penalties and
17 suspensions provided in Title 75 (relating to vehicles) for
18 violation of 75 Pa.C.S. § 3717 shall apply to this
19 subsection.
20 (b) State property.--
21 (1) No person shall operate a snowmobile or an ATV on
22 State-owned property except on clearly marked and previously
23 designated snowmobile or ATV routes or as expressly permitted
24 by the Commonwealth.
25 (2) (i) The department may designate any road within a
26 State Park or State Forest over which the department has
27 jurisdiction as a snowmobile road or an ATV road, or
28 both, and may, in its discretion, determine whether the
29 road shall be closed to vehicular traffic or whether
30 snowmobiles and ATVs may share the designated road with
20070H2043B4442 - 32 -
1 vehicular traffic. Adequate notices of such designation
2 and determination shall be sufficiently and prominently
3 displayed.
4 (ii) No person shall operate a snowmobile or ATV on
5 State park or State forest land except as follows:
6 (A) A person may operate a snowmobile on a road,
7 trail or area that is designated and marked by the
8 department as open for snowmobile use or on which the
9 person has been given specific written permission to
10 operate the snowmobile.
11 (B) A person may operate a Class I ATV on a
12 road, trail or area that is designated and marked by
13 the department as open for ATV use or on which the
14 person has been given specific written permission to
15 operate the ATV.
16 (C) A person may operate a Class II ATV on a
17 road, trail or area if the person has been given
18 specific written permission by the department to
19 operate a Class II ATV on the road, trail or area.
20 § 7725. Operation by persons under age sixteen.
21 (a) Crossing street or highway.--No person under 16 years of
22 age shall drive a snowmobile or an ATV across any highway or
23 connecting street thereto unless he is under the direct
24 supervision of a person 18 years of age or older and unless he
25 holds a valid and appropriate safety certificate from the
26 Commonwealth or a valid and approved certificate issued under
27 the authority of another state or Province of Canada. The
28 department shall determine what certificates will be approved.
29 (b) Operation of an ATV by persons under eight years of
30 age.--No person under eight years of age shall operate an ATV
20070H2043B4442 - 33 -
1 upon State-owned land.
2 (b.1) ATV size restrictions.--An ATV operated in this
3 Commonwealth by a person eight or nine years of age shall have
4 an engine size of 70cc or less.
5 (b.2) Operation of a snowmobile by persons under ten years
6 of age.--No person under ten years of age shall operate a
7 snowmobile upon State-owned land.
8 (c) Snowmobile and ATV safety certification.--No person 8 to
9 15 years of age shall operate an ATV and no person between 10
10 and 15 years of age shall operate a snowmobile in this
11 Commonwealth unless the person satisfies one of the following
12 conditions:
13 (1) Is under the direct supervision of a certified
14 snowmobile or ATV safety instructor during a safety training
15 course.
16 (2) Is on land owned or leased by a parent or legal
17 guardian.
18 (3) Has received safety training as prescribed by the
19 department and has received the appropriate safety
20 certificate issued by the department.
21 (4) Holds an appropriate safety certificate issued under
22 the authority of another state or Province of Canada and
23 recognized by the department.
24 (d) Failure to exhibit certificate.--The failure of such a
25 youthful operator to exhibit the appropriate safety certificate,
26 upon demand, to any law enforcement officer having authority to
27 enforce the provisions of this section shall be presumptive
28 evidence that such person is not the holder of such certificate.
29 (e) Permitting unauthorized operation.--No owner of a
30 snowmobile or an ATV shall authorize or permit the operation
20070H2043B4442 - 34 -
1 thereof within this Commonwealth by any person under 16 years of
2 age unless the person under 16 years of age is the holder of a
3 valid and appropriate safety certificate, or except as
4 authorized in subsections (b), (b.2) and (c).
5 (f) Certification of snowmobile safety instructors.--The
6 department may certify snowmobile or ATV safety instructors to
7 act as its agents in conducting classes and examinations and
8 issuing snowmobile or ATV safety certificates in its name.
9 (g) Operation on snowmobile and ATV roads.--No person under
10 16 years of age may operate a snowmobile or an ATV on streets or
11 highways designated under section 7722 (relating to designation
12 of snowmobile and ATV roads) as open to snowmobile or ATV and
13 vehicular traffic. A person under 16 years of age who holds the
14 appropriate safety certificate may operate a snowmobile or an
15 ATV on roads designated under section 7724(b) (relating to
16 operation on private or State property) as open to snowmobile or
17 ATV and vehicular traffic, provided he is under the direct
18 supervision of a person 18 years of age or older.
19 (h) Snowmobile and ATV safety program.--The department shall
20 implement a comprehensive snowmobile and ATV information, safety
21 education and training program which shall include the
22 preparation and dissemination of information and safety advice
23 to the public and training of operators. The program shall
24 provide for the training of youthful operators and for the
25 issuance of snowmobile or ATV safety certificates to those who
26 successfully complete the training provided under the program.
27 (i) Cooperation with other organizations.--In implementing a
28 program which is established under this section, the department
29 shall cooperate with private organizations and associations,
30 private and public corporations, the Department of Education and
20070H2043B4442 - 35 -
1 local governmental units. The department shall consult with
2 snowmobile, ATV and environmental organizations and associations
3 in regard to subject matter of a training program that leads to
4 certification of snowmobile and ATV operators.
5 § 7726. Operation in safe manner.
6 (a) General rule.--No person shall operate a snowmobile or
7 an ATV in any of the following ways:
8 (1) At a rate of speed that is unreasonable or improper
9 under existing conditions or in excess of the maximum limits
10 posted for vehicular traffic.
11 (2) In any careless way so as to endanger the person or
12 property of another.
13 (3) While under the influence of alcohol or any
14 controlled substance.
15 (b) Permitting unsafe operation.--No owner or other person
16 having charge or control of a snowmobile or an ATV shall
17 knowingly authorize or permit the operation of the snowmobile or
18 ATV by any person who is incapable to do so by reason of age,
19 physical or mental disability, or who is under the influence of
20 alcohol or any controlled substance.
21 (c) Operation on highways and streets open to snowmobiles or
22 ATVs and vehicular traffic.--No person shall operate a
23 snowmobile or ATV in any of the following ways on highways and
24 streets open to snowmobiles or ATVs and vehicular traffic:
25 (1) Upon the left side of highways or streets, except
26 one-way streets, or as specified in paragraph (2).
27 (2) Ride two snowmobiles or ATVs abreast. Snowmobiles
28 and ATVs shall be operated in single file except when
29 overtaking another vehicle. The driver of any vehicle
30 overtaking another vehicle proceeding in the same direction
20070H2043B4442 - 36 -
1 shall pass at a safe distance to the left thereof until
2 safely clear of such overtaken vehicle. Nothing in this
3 section shall be construed to prohibit a driver overtaking
4 the passing upon the right of another vehicle which is making
5 or about to make a left turn. The driver of a vehicle shall
6 not drive to the left side of the center of a highway in
7 overtaking or passing another vehicle proceeding in the same
8 direction, unless the left side is clearly visible and is
9 free of oncoming traffic for a sufficient distance ahead to
10 permit the overtaking or passing to be made in safety.
11 (3) Turn to the right or left at an intersection or stop
12 or decrease speed at an intersection without signaling as
13 stated in this paragraph. The driver shall extend his hand
14 and arm from the left side of the vehicle in the following
15 manner to indicate as stated:
16 (i) Left turn or other vehicle movement toward left,
17 hand and arm extended horizontally.
18 (ii) Right turn or other vehicle movement toward
19 right, left hand and arm extended outward and pointed
20 upward from the elbow.
21 (iii) Stop or decrease speed, either the left or
22 right hand and arm extended upward.
23 (4) Disobey any traffic signal or signs placed in
24 accordance with Title 75 (relating to vehicles) unless
25 otherwise directed by a peace officer.
26 (5) Without a securely fastened helmet on the head of an
27 individual who operates or is a passenger on a snowmobile or
28 ATV or who is being towed or otherwise propelled by a
29 snowmobile. The department shall specify the types of helmets
30 allowed through rules and regulations.
20070H2043B4442 - 37 -
1 § 7727. Additional limitations on operation.
2 Except as otherwise permitted under Title 34 (relating to
3 game), no person shall:
4 (1) Operate or ride in any snowmobile or ATV with any
5 bow and arrows or with any firearm in his possession unless
6 it is unstrung or unloaded.
7 (2) Drive or pursue any game or wildlife with a
8 snowmobile or an ATV.
9 § 7728. Accidents and accident reports.
10 (a) Duty to stop and provide information.--Whenever any
11 snowmobile or ATV is involved in an accident resulting in loss
12 of life, personal injury or damage to property and the operator
13 thereof has knowledge of such accident, he shall stop and give
14 his name and address, the name and address of the owner thereof
15 and the registration number of the snowmobile or ATV to the
16 injured person or the person sustaining the damage or to a
17 police officer. In case no police officer nor the person
18 sustaining the damage is present at the place where the damage
19 occurred, then the operator shall immediately report, as soon as
20 he is physically able, the accident to the nearest law
21 enforcement agency.
22 (b) Report of accident to department.--The operator of any
23 snowmobile or ATV involved in any accident resulting in injuries
24 to or death of any person or resulting in property damage to the
25 estimated amount of $100 or more shall, within seven days after
26 such accident, report the matter in writing to the department.
27 If the operator is physically incapable of making the report and
28 there is another participant in the accident not so
29 incapacitated, the participant shall make the report within the
30 prescribed period of time after the accident. In the event that
20070H2043B4442 - 38 -
1 there is no other participant and the operator is other than the
2 owner, then the owner shall within the prescribed period of
3 time, after learning of the facts of such accident, report the
4 matter to the department, together with such information as may
5 have come to his knowledge relating to such accident. Every
6 operator or owner of a snowmobile or an ATV in an accident, or
7 surviving participant of any such accident, shall make such
8 other and additional reports as the department shall require.
9 (c) Report by law enforcement officer.--A law enforcement
10 officer who investigates or receives information of an accident
11 involving a snowmobile or an ATV shall make a written report of
12 the investigation or information received, and such additional
13 facts relating to the accident as may come to his knowledge, and
14 mail the same within 48 hours to the department and keep a
15 record thereof in his office.
16 (d) Exception.--This section does not apply when property
17 damage is sustained in sanctioned snowmobile or ATV races,
18 derbies and rallies.
19 § 7729. Liability of owner for negligence.
20 (a) General rule.--Negligence in the use or operation of a
21 snowmobile or an ATV is attributable to the owner. Every owner
22 of a snowmobile or an ATV used or operated in this Commonwealth
23 shall be liable and responsible for death or injury to person or
24 damage to property resulting from negligence in the use or
25 operation of such snowmobile or ATV by any person using or
26 operating the snowmobile or ATV with the permission, express or
27 implied, of such owner.
28 (b) Exception.--The negligence of the operator shall not be
29 attributed to the owner as to any claim or cause of action
30 accruing to the operator or his legal representative for such
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1 injuries or death.
2 § 7730. Liability insurance.
3 (a) Requirement.--A snowmobile or ATV for which registration
4 is required under this chapter shall have liability insurance
5 coverage for the snowmobile or ATV issued by an insurance
6 carrier authorized to do business in this Commonwealth. This
7 subsection does not apply to limited registrations.
8 (b) Proof of insurance.--Proof of insurance as required by
9 this section shall be produced and displayed by the owner or
10 operator of such snowmobile or ATV upon the request of any
11 magistrate or any person having authority to enforce the
12 provisions of this chapter or to any person who has suffered or
13 claims to have suffered either personal injury or property
14 damage as a result of the operation of such snowmobile or ATV.
15 It shall be an affirmative defense to any prosecution for a
16 violation of this section that such proof was so produced within
17 72 hours of receiving notice of such violation, injury or damage
18 or the claim of such injury or damage.
19 (c) Owner's responsibility.--No owner of a snowmobile or ATV
20 shall operate or permit the same to be operated without having
21 in full force and effect liability insurance coverage required
22 by this section. The operator of a snowmobile or ATV shall carry
23 proof of insurance on his person or on the snowmobile or ATV
24 when it is in operation.
25 (d) Penalty.--A person who violates subsection (a) or (c)
26 commits a summary offense and shall, upon conviction, be
27 sentenced to pay a fine of $300 and costs of prosecution and, in
28 default of payment of the fine or costs, shall be imprisoned for
29 not more than ten days.
30 SUBCHAPTER D
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1 EQUIPMENT
2 Sec.
3 7741. Head lamps and tail lamps.
4 7742. Brakes.
5 7743. Mufflers and noise control.
6 § 7741. Head lamps and tail lamps.
7 (a) Time of operation.--Every snowmobile or ATV operated
8 during hours of darkness shall display a lighted head lamp and
9 tail lamp. The lights shall be in operation during the period of
10 from one-half hour after sunset to one-half hour before sunrise
11 and at any time when, due to insufficient light or unfavorable
12 atmospheric conditions caused by fog or otherwise, other
13 persons, vehicles and other objects are not clearly discernible
14 for a distance of 500 feet ahead.
15 (b) Head lamp requirements.--The head lamp shall display
16 white light of sufficient illuminating power to reveal any
17 person, vehicle or substantial object at a distance of 100 feet
18 ahead.
19 (1) If the snowmobile or ATV is equipped with a multiple
20 beam head lamp, the upper beam shall meet the minimum
21 requirements set forth in this section, and the lowermost
22 beam shall be so aimed and of sufficient intensity to reveal
23 persons and vehicles at a distance of at least 50 feet ahead.
24 (2) If the snowmobile or ATV is equipped with a single
25 beam head lamp, the lamp shall be so aimed that when the
26 vehicle is loaded none of the high intensity portion of the
27 light, at a distance of 75 feet ahead, projects higher than
28 the level of the center of the lamp from which it comes.
29 (c) Tail lamp requirements.--The tail lamp shall display a
30 red light plainly visible during darkness from a distance of 500
20070H2043B4442 - 41 -
1 feet.
2 § 7742. Brakes.
3 (a) Snowmobiles.--It is unlawful to operate a snowmobile
4 which is not equipped with at least one brake of a design
5 approved by the department operated either by hand or by foot,
6 capable of bringing the snowmobile to a stop, under normal
7 conditions, within 40 feet when traveling at a speed of 20 miles
8 per hour with a 150 pound driver and on hard packed snow, or
9 locking its traction belt or belts. The design shall permit
10 simple and easy adjustment to compensate for wear.
11 (b) ATVs.--It is unlawful to operate an ATV which is not
12 equipped with a braking system which may be operated by hand or
13 foot, capable of producing deceleration of 14 feet per second on
14 level ground at a speed of 20 miles per hour, and the design
15 must permit simple and easy adjustment to compensate for wear.
16 § 7743. Mufflers and noise control.
17 (a) General rule.--It is unlawful to operate a snowmobile or
18 an ATV which is not equipped at all times with a muffler in good
19 working order which blends the exhaust noise into the overall
20 snowmobile or ATV noise and is in constant operation to prevent
21 excessive or unusual noise. The exhaust system shall not emit or
22 produce a sharp popping or crackling sound. The sound intensity
23 produced by a snowmobile shall not exceed 82dbA when measured in
24 accordance with SAE Recommended Practice J 192 Exterior Sound
25 Level for Snowmobiles, as amended. The department may by
26 regulation adopt more stringent noise requirements for
27 snowmobiles. The department shall by regulation adopt noise
28 requirements for in-use operation of ATVs using measurement
29 procedures in accordance with ANSI/SAE Recommended Practice J
30 1287 March 1982, Measurement of Exhaust Level of Stationary
20070H2043B4442 - 42 -
1 Motorcycles. The sound level intensity produced by an ATV shall
2 not exceed 99dbA, or decibels, when measured at 20 inches.
3 (b) Modified mufflers prohibited.--It is unlawful to modify
4 a muffler or to operate a snowmobile or an ATV with a modified
5 muffler so as to increase the sound level of the snowmobile or
6 ATV above the level allowed by this section.
7 (c) Exception.--This section does not apply to organized
8 races or similar competitive events.
9 SUBCHAPTER E
10 MISCELLANEOUS PROVISIONS
11 Sec.
12 7751. Enforcement personnel and procedures.
13 7752. Penalties for violation of chapter.
14 7753. Actions for collection of penalties.
15 § 7751. Enforcement personnel and procedures.
16 (a) Duty of enforcement.--Every law enforcement officer in
17 this Commonwealth and designated officers and employees of the
18 department shall enforce the provisions of this chapter.
19 (b) Forms and procedures.--The department may prescribe the
20 form of summons or complaint, or both, in all cases involving a
21 violation of any provision of this chapter or of any ordinance,
22 rule or regulation relating to snowmobiles or ATVs, or of any
23 class or category of such cases, and may establish procedures
24 for proper administrative controls over the disposition thereof.
25 (c) Records and reports.--The chief executive officer of
26 each local police force, sheriffs and the Commissioner of the
27 Pennsylvania State Police shall prepare or cause to be prepared
28 such records and reports as may be prescribed under this
29 section.
30 (d) Rules and regulations.--The department may promulgate
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1 such rules and regulations as may be deemed necessary to
2 accomplish the purposes and enforce the provisions of this
3 section, including requirements for reporting by trial courts
4 having jurisdiction over snowmobile and ATV violations.
5 § 7752. Penalties for violation of chapter.
6 (a) General rule.--Except as provided in subsections (c) and
7 (d) and unless otherwise provided in this chapter, a person who
8 violates this chapter commits a summary offense and shall, upon
9 conviction:
10 (1) For a first offense, be sentenced to pay a fine of
11 not less than $50 nor more than $200 and costs of prosecution
12 and, in default of the payment of the fine or costs, shall be
13 imprisoned for not more than ten days.
14 (2) For a subsequent offense, be sentenced to pay a fine
15 of not less than $100 nor more than $300 and costs of
16 prosecution and, in default of the payment of the fine or
17 costs, shall be imprisoned for not more than 30 days.
18 (c) Unauthorized disposition of forms.--A person who
19 disposes of a summons or complaint issued pursuant to this
20 chapter in a manner other than that prescribed by law, rule or
21 regulation commits a misdemeanor of the third degree.
22 (d) Registration.--
23 (1) A person who violates section 7711.1 (relating to
24 registration of snowmobile or ATV) or 7711.2 (relating to
25 limited registration of snowmobile or ATV) by failing to
26 obtain the required registration certificate or limited
27 registration certificate commits a summary offense and shall,
28 upon conviction, be sentenced to pay a fine of $300 or to be
29 imprisoned for 90 days, or both, and costs of prosecution.
30 Proceedings for a summary offense under this paragraph must
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1 be commenced within 60 days after commission of the alleged
2 offense or within 60 days after discovery of the commission
3 of the offense or the identity of the offender, whichever is
4 later.
5 (2) A person who violates section 7711.1 or 7711.2 by
6 failing to properly display the required registration decal
7 or plate commits a summary offense and shall, upon
8 conviction, be sentenced to pay a fine of $50 and costs of
9 prosecution.
10 (3) A person who violates section 7711.1 by failing to
11 properly display the required expiration sticker or by
12 failing to carry the required registration certificate
13 commits a summary offense and shall, upon conviction, be
14 sentenced to pay a fine of $50 and costs of prosecution.
15 § 7753. Actions for collection of penalties.
16 (a) General rule.--An action to recover any penalty imposed
17 under the provisions of this chapter may be brought in any court
18 of competent jurisdiction in this Commonwealth on order of the
19 department and in the name of the Commonwealth. In any such
20 action all penalties incurred up to the time of commencing the
21 action may be sued for and recovered in such action, and the
22 commencement of an action to recover any such penalty shall not
23 be or be held to be a waiver of the right to recover any other
24 penalty. In case of recovery of any amount in an action brought
25 to recover any such penalty, the Commonwealth shall be entitled
26 to recover full costs and at the rates provided for civil
27 actions.
28 (b) Duty and liability of witnesses.--No person shall be
29 excused from testifying or producing any books, papers or other
30 documents in any civil action to recover any such penalty, upon
20070H2043B4442 - 45 -
1 the ground that his testimony might tend to convict him of an
2 offense or subject him to a penalty or forfeiture. No person
3 shall be prosecuted, punished or subjected to any penalty of
4 forfeiture for or on account of any such act, transaction,
5 matter or thing concerning which he shall, under oath, have
6 testified or produced documentary evidence, and no testimony so
7 given or produced shall be received against him upon any
8 criminal investigation or proceeding. No person so testifying
9 shall be exempt from prosecution or punishment for any perjury
10 committed by him in his testimony. This subsection is not
11 intended to give, and shall not be construed as in any manner
12 giving, unto any corporation immunity of any kind.
13 (c) Plea of guilty.--A defendant charged with a violation of
14 any provision of this chapter may himself plead guilty to the
15 charge in open court. He may also submit to the judge having
16 jurisdiction, in person, by duly authorized agent, or by
17 registered mail, a statement setting forth the following:
18 (1) That he waives arraignment in open court and the aid
19 of counsel.
20 (2) That he pleads guilty to the offense as charged.
21 (3) That he elects and requests that the charge be
22 disposed of and the fine or penalty fixed by the court.
23 (4) Any explanation that he desires to make concerning
24 the offense charged.
25 (5) That he makes all statements under penalty of
26 perjury.
27 Thereupon the judge may proceed as though the defendant had been
28 convicted upon a plea of guilty in open court. Any imposition of
29 fine or penalty under this section shall be deemed tentative
30 until the fine or penalty has been paid and discharged in full.
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1 If, upon receipt of the statement, the judge shall deny the
2 same, he shall thereupon notify the defendant of this fact and
3 that he is required to appear before the judge at a stated time
4 and place to answer the charge which shall thereafter be
5 disposed of pursuant to the applicable provisions of law.
6 (d) Statement of disposition of case.--Subject to any
7 inconsistent procedures and standards relating to reports and
8 transmission of funds prescribed pursuant to Title 42 (relating
9 to judiciary and judicial procedure), the court before whom any
10 person shall be tried shall, at the termination of the trial or
11 proceeding, forthwith mail or deliver to the department at
12 Harrisburg a certified statement of the disposition of the case
13 or proceeding giving the date thereof, the name of the
14 defendant, the date and place of the violation, the name of each
15 witness sworn in support of the charges and the amount of the
16 fine or penalty paid.
17 (e) Section not exclusive.--This section:
18 (1) Does not prohibit the prosecution of violations of
19 this chapter in any court of competent jurisdiction in the
20 same manner as other offenses.
21 (2) Is subject to any inconsistent general rules
22 relating to actions for the collection of fines and
23 penalties.
24 Section 2. Sections 3571(b)(1) and 3573(b)(2) of Title 42
25 are amended to read:
26 § 3571. Commonwealth portion of fines, etc.
27 * * *
28 (b) Vehicle offenses.--
29 (1) All fines, forfeited recognizances and other
30 forfeitures imposed, lost or forfeited in connection with
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1 matters arising under Chapter 77 of Title [75] 32 (relating
2 to snowmobiles and all-terrain vehicles) shall unless
3 otherwise provided in Chapter 77 of Title [75] 32 be payable
4 to the Commonwealth.
5 * * *
6 § 3573. Municipal corporation portion of fines, etc.
7 * * *
8 (b) Vehicle offenses.--
9 * * *
10 (2) Except as provided in paragraph (3), when
11 prosecution under any other provision of Title 75 [(except
12 Chapter 77 (relating to snowmobiles))] is the result of local
13 police action, one-half of all fines, forfeited recognizances
14 and other forfeitures imposed, lost or forfeited shall be
15 payable to the municipal corporation under which the local
16 police are organized.
17 * * *
18 Section 3. Chapter 77 of Title 75 is repealed:
19 [§ 7701. Short title of chapter.
20 This chapter shall be known and may be cited as the
21 Snowmobile and All-Terrain Vehicle Law.
22 § 7702. Definitions.
23 The following words and phrases when used in this chapter
24 shall have, unless the context clearly indicates otherwise, the
25 meanings given to them in this section:
26 "All-terrain vehicle" or "ATV." A motorized off-highway
27 vehicle which travels on three or more inflatable tires and
28 which has:
29 (1) a maximum width of 50 inches and a maximum dry
30 weight of 800 pounds; or
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1 (2) a width which exceeds 50 inches or a dry weight
2 which exceeds 800 pounds.
3 ATV's described in paragraph (1) may be referred to as Class I
4 ATV's, and ATV's described in paragraph (2) may be referred to
5 as Class II ATV's. This term does not include snowmobiles, trail
6 bikes, motorboats, golf carts, aircraft, dune buggies,
7 automobiles, construction machines, trucks or home utility
8 machines; military, fire, emergency and law enforcement
9 vehicles; implements of husbandry; multipurpose agricultural
10 vehicles; vehicles used by the department; or any vehicle that
11 is or is required to be registered under Chapter 13 (relating to
12 registration of vehicles). In addition, this term does not
13 include off-road motor vehicles used exclusively as utility
14 vehicles for agricultural or business operations and
15 incidentally operated or moved upon the highway.
16 "Dealer." A person engaged in the business of selling
17 snowmobiles or all-terrain vehicles at wholesale or retail who
18 is registered or required to be registered under section 7711
19 (relating to registration of dealers).
20 "Department." The Department of Conservation and Natural
21 Resources of the Commonwealth.
22 "Head lamp." A major lighting device used to provide general
23 illumination ahead of a vehicle.
24 "Highway." The entire width between the boundary lines of
25 every way publicly maintained when any part thereof is open to
26 the use of the public for purposes of vehicular travel.
27 "Snowmobile." An engine-driven vehicle which is all of the
28 following:
29 (1) Is designed to travel over snow or ice.
30 (2) Has an endless belt track or tracks.
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1 (3) Is steered by a ski or skis.
2 (4) Has an overall width of 48 inches or less.
3 The term does not include a farm tractor, construction
4 equipment, military vehicle, vehicle with inflatable tires or
5 machinery used strictly for the grooming of snowmobile trails.
6 "Street." A highway, other than an alley, within the
7 corporate limits of a political subdivision.
8 "Tail lamp." A device to designate the rear of a vehicle by
9 a warning light.
10 § 7703. Applicability of chapter.
11 This chapter does not apply to law enforcement officers while
12 engaged in the performance of their official duties.
13 § 7704. Rules and regulations.
14 The department may promulgate such rules and regulations as
15 may be necessary to carry out the provisions of this chapter.
16 § 7705. Records and reports.
17 The provisions of Subchapter B of Chapter 63 (relating to
18 records of traffic cases) relating to records and reports shall
19 be applicable to proceedings under this chapter.
20 § 7706. Restricted account.
21 (a) Deposit and use of moneys.--
22 (1) The department shall deposit the following into a
23 restricted account, which is hereby established:
24 (i) all moneys received from the registration of and
25 issuance of certificates of title for snowmobiles and
26 ATV's;
27 (ii) all revenue from the sale of any publications
28 or services relating to snowmobiles and ATV's; and
29 (iii) all fines, penalties, fees and costs assessed
30 and collected as a result of enforcement activities
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1 conducted by the department's law enforcement personnel
2 under this chapter.
3 (2) The department shall draw moneys from the restricted
4 account for use in performing any activities necessary to
5 carry out the purposes of this chapter, including
6 registration and certificate of title activities, training,
7 education, enforcement activities, construction and
8 maintenance of snowmobile and ATV trails and acquisition of
9 equipment, supplies and interests in land. All moneys
10 deposited in this account shall remain in it to be used as
11 specified in this section.
12 (3) The provisions of 42 Pa.C.S. § 3573(b)(2) (relating
13 to municipal corporation portion of fines, etc.)
14 notwithstanding, when prosecution under this chapter is the
15 result of local police action, all fines, penalties, fees and
16 costs assessed as a result of such prosecution shall be
17 payable to the municipal corporation under which the local
18 police are organized.
19 (b) Grant-in-aid.--The department shall, upon written
20 application and subsequent approval, grant money from the
21 restricted account:
22 (1) To municipalities and profit and nonprofit
23 organizations in connection with snowmobile and ATV use on
24 lands not owned by the Commonwealth for the following:
25 (i) Plans, specifications and engineering surveys.
26 (ii) Fees and costs related to the preparation or
27 performance of right-of-way lease agreements.
28 (iii) Land acquisition.
29 (iv) Construction, maintenance and rehabilitation of
30 trails and other facilities for snowmobiles and ATV's.
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1 (2) To municipalities and profit and nonprofit
2 organizations for equipment, training and education
3 activities relating to snowmobile and ATV use.
4 (3) To profit and nonprofit organizations for the
5 maintenance and rehabilitation, but not the construction, of
6 snowmobile and ATV trails on land owned by the Commonwealth.
7 (c) Audit of moneys.--The restricted account shall be
8 audited every two years. Copies of the audit shall be provided
9 to the Snowmobile and ATV Advisory Committee.
10 § 7711. Registration of dealers.
11 (a) General rule.--A person who is in the business of
12 selling snowmobiles or ATV's in this Commonwealth shall register
13 with the department as a dealer. A person who is in the business
14 of selling snowmobiles or ATV's outside this Commonwealth may
15 register with the department as a dealer.
16 (b) Issuance.--Upon receipt of an application upon a form
17 prescribed and furnished by the department which shall contain
18 information reasonably required by the department and which
19 shall be accompanied by the required fee, the department shall
20 issue to a dealer:
21 (1) An annual dealer registration certificate containing
22 a dealer registration number and expiration date.
23 (2) Three annual dealer registration plates displaying
24 the expiration date of the dealer registration.
25 (3) Three annual dealer plate registration cards
26 displaying the expiration date of the dealer registration.
27 (c) Registration not transferable.--A dealer registration
28 certificate, dealer registration plate and dealer plate
29 registration card are not transferable.
30 (d) Expiration of registration.--A dealer registration
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1 certificate, dealer registration plate and dealer plate
2 registration card expire effective the day after the expiration
3 date displayed on them. A dealer registration certificate,
4 dealer registration plate or dealer plate registration card that
5 has expired is not valid.
6 (e) Use of dealer registration plates.--A dealer may operate
7 or permit to be operated within this Commonwealth a snowmobile
8 or ATV owned by or in the possession of the dealer if:
9 (1) A valid dealer registration certificate issued to
10 the dealer under this section is displayed conspicuously in
11 the dealer's place of business.
12 (2) The operator carries a valid dealer registration
13 card issued to the dealer under this section.
14 (3) There is displayed on the snowmobile or ATV in a
15 manner prescribed by the department a valid dealer
16 registration plate issued to the dealer under this section.
17 (4) The snowmobile or ATV is operated only for the
18 purpose of demonstration or testing in connection with the
19 dealer's business.
20 § 7711.1. Registration of snowmobile or ATV.
21 (a) General rule.--Except as otherwise provided in
22 subsection (f), it is unlawful for a person to operate or for an
23 owner to permit another person to operate a snowmobile or an ATV
24 unless:
25 (1) There is carried on the snowmobile or ATV a valid
26 registration certificate issued therefor pursuant to
27 subsection (b).
28 (2) There is displayed on the snowmobile a registration
29 decal, or on the ATV a registration plate, issued therefor
30 pursuant to subsection (b).
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1 (3) The display of the registration decal or plate is in
2 the manner prescribed by the department.
3 (4) There is displayed on the snowmobile or ATV a valid
4 expiration sticker issued therefor pursuant to subsection
5 (b).
6 (5) The display of the expiration sticker is in the
7 manner prescribed by the department.
8 (b) Issuance.--Upon receipt of an application therefor upon
9 a form prescribed and furnished by the department which shall
10 contain information reasonably required by the department and
11 which shall be accompanied by the required fee, the department
12 shall issue to the owner of a snowmobile or ATV:
13 (1) A biennial registration certificate containing the
14 registration number for the snowmobile or ATV and the
15 expiration date of the registration.
16 (2) A registration decal displaying the registration
17 number for a snowmobile or a registration plate displaying
18 the registration number for an ATV.
19 (3) A biennial expiration sticker displaying the
20 expiration date of the registration.
21 (c) Temporary registration.--Temporary registration for a
22 period not to exceed 45 days may be issued by a dealer as
23 prescribed by the department. Proof of temporary registration
24 shall be carried and displayed as prescribed by the department.
25 (d) Expiration of registration.--
26 (1) Except as provided in paragraph (2), a registration
27 certificate and an expiration sticker shall expire effective
28 the day after the expiration date appearing on the
29 registration certificate and expiration sticker.
30 (2) Upon transfer of ownership of a snowmobile or ATV
20070H2043B4442 - 54 -
1 during a registration period, the registration certificate
2 and expiration sticker shall expire. The transferor shall,
3 within 15 days from the date of transfer, return to the
4 department the registration certificate with the date of
5 transfer and the name and address of the new owner endorsed
6 on the back. If the transferor applies for registration of a
7 different snowmobile or ATV and pays the required transfer
8 fee, the transferor may be issued in the name of the
9 transferor a registration certificate and expiration sticker
10 for that snowmobile or ATV for the remainder of the
11 registration period without payment of a registration fee.
12 The registration decal or plate shall not be removed from a
13 snowmobile or ATV upon transfer to the new owner and is
14 invalid until the new owner is issued a registration
15 certificate or limited registration certificate for the
16 snowmobile or ATV.
17 (3) An expired general registration certificate and an
18 expired expiration sticker are invalid.
19 (e) Suspension or revocation.--If a person violates this
20 chapter or is convicted of any offense under this chapter, the
21 department may suspend or revoke a registration certificate and
22 an expiration sticker. A suspended or revoked registration
23 certificate or expiration sticker is invalid.
24 (f) Exemptions from registration.--Subsection (a) does not
25 apply if:
26 (1) The snowmobile or ATV is owned by or in the
27 possession of a dealer who has been issued a dealer
28 registration certificate, dealer registration plates and
29 dealer plate registration cards under section 7711 (relating
30 to registration of dealers), the dealer is in compliance with
20070H2043B4442 - 55 -
1 section 7711 and the snowmobile or ATV is used in accordance
2 with section 7711.
3 (2) The snowmobile or ATV is owned and used by the
4 United States or another state or a political subdivision
5 thereof, in which case the snowmobile or ATV shall display
6 the name of the owner in a manner prescribed by the
7 department.
8 (3) The snowmobile or ATV is operated on land owned or
9 leased by the owner or operator of the snowmobile or ATV and
10 it is not operated elsewhere within this Commonwealth.
11 (4) The owner of the snowmobile or ATV is not a resident
12 of this Commonwealth and the operator presents proof that the
13 snowmobile or ATV has been properly registered in another
14 jurisdiction that exempts from its registration requirements
15 persons who have obtained proper registration under this
16 chapter.
17 § 7711.2. Limited registration of snowmobile or ATV.
18 (a) General rule.--It is unlawful for a person to operate or
19 for an owner to permit another person to operate a snowmobile or
20 ATV identified in section 7711.1(f)(3) (relating to registration
21 of snowmobile or ATV) unless:
22 (1) A limited registration certificate has been issued
23 therefor pursuant to subsection (b).
24 (2) There is displayed on the snowmobile a valid
25 registration decal or on the ATV a valid registration plate
26 issued pursuant to subsection (b).
27 (3) The display of the registration decal or plate is in
28 the manner prescribed by the department.
29 (b) Issuance.--Upon receipt of an application therefor upon
30 a form prescribed and furnished by the department which shall
20070H2043B4442 - 56 -
1 contain information reasonably required by the department, the
2 department shall issue to the owner of a snowmobile or ATV for
3 which limited registration is required under subsection (a):
4 (1) A limited registration certificate containing the
5 registration number for the snowmobile or ATV.
6 (2) A registration decal displaying the registration
7 number for a snowmobile or a registration plate displaying
8 the registration number for an ATV.
9 (c) Temporary limited registration.--Temporary limited
10 registration for a period not to exceed 45 days may be issued by
11 a dealer as prescribed by the department. Proof of temporary
12 limited registration shall be displayed as prescribed by the
13 department.
14 (d) Transfer of ownership.--Upon transfer of ownership of a
15 snowmobile or ATV for which a limited registration certificate
16 has been issued, the limited registration certificate shall
17 become invalid. The transferor shall, within 15 days from the
18 date of transfer, return to the department the limited
19 registration certificate with the date of transfer and the name
20 and address of the new owner endorsed on the back. The
21 registration decal or plate shall not be removed from the
22 snowmobile or ATV upon transfer to the new owner and is invalid
23 until the new owner obtains a registration certificate or
24 limited registration certificate for the snowmobile or ATV.
25 (e) Suspension or revocation.--If a person violates this
26 chapter or is convicted of any offense under this chapter, the
27 department may suspend or revoke a limited registration
28 certificate. A suspended or revoked limited registration
29 certificate is invalid.
30 § 7712.1. Certificate of title for snowmobile or ATV.
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1 (a) General rule.--Except as otherwise provided in
2 subsection (b), an owner of a snowmobile or ATV which is in this
3 Commonwealth and for which no certificate of title has been
4 issued shall apply to the department for a certificate of title.
5 (b) Exemptions from titling.--No certificate of title is
6 required for:
7 (1) A snowmobile or ATV that was registered prior to the
8 effective date of this section.
9 (2) A snowmobile or ATV owned by the United States
10 unless a general registration certificate has been issued
11 therefor.
12 (3) A new snowmobile or ATV owned by a dealer before and
13 until sale.
14 (4) A snowmobile or ATV owned by a nonresident of this
15 Commonwealth and not required by law to be registered in this
16 Commonwealth.
17 (5) A snowmobile or ATV owned by a resident of this
18 Commonwealth and required by law to be registered in another
19 state, based and used principally outside of this
20 Commonwealth and not required by law to be registered in this
21 Commonwealth.
22 (c) Contents of application.--Application for a certificate
23 of title shall be made upon a form prescribed and furnished by
24 the department and shall contain a full description of the
25 snowmobile or ATV, date of purchase, the name and address of the
26 owner, a statement of the title of applicant, together with any
27 other information or documents the department requires to
28 identify the snowmobile or ATV and to enable the department to
29 determine whether the owner is entitled to a certificate of
30 title.
20070H2043B4442 - 58 -
1 (d) Signing and filing of application.--Application for a
2 certificate of title shall be made within 15 days of the sale or
3 transfer of a snowmobile or ATV or its entry into this
4 Commonwealth from another jurisdiction, whichever is later. The
5 application shall be accompanied by the required fee and any tax
6 payable by the applicant under the laws of this Commonwealth in
7 connection with the acquisition or use of a snowmobile or ATV or
8 evidence to show that the tax has been paid or collected. The
9 application shall be signed and verified by oath or affirmation
10 by the applicant if a natural person; in the case of an
11 association or partnership, by a member or a partner; and in the
12 case of a corporation, by an executive officer or person
13 specifically authorized by the corporation to sign the
14 application.
15 (g) Registration without certificate of title prohibited.--
16 Except as provided in subsection (b), the department shall not
17 issue a registration certificate or limited registration
18 certificate for a snowmobile or ATV unless a certificate of
19 title has been issued by the department to the owner or an
20 application for a certificate of title has been delivered by the
21 owner to the department.
22 (h) Refusing issuance of certificate of title.--The
23 department may refuse issuance of a certificate of title if it
24 has reasonable grounds to believe any one of the following:
25 (1) A required fee has not been paid.
26 (2) Any taxes payable under the laws of this
27 Commonwealth on or in connection with, or resulting from the
28 acquisition or use of, the snowmobile or ATV have not been
29 paid.
30 (3) The applicant is not the owner of the snowmobile or
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1 ATV.
2 (4) The application contains a false or fraudulent
3 statement.
4 (5) The applicant has failed to furnish required
5 information or documents or any additional information the
6 department reasonably requires.
7 (j) Transfer of ownership of snowmobile or ATV.--
8 (1) Upon the sale or transfer of ownership of a
9 snowmobile or ATV within this Commonwealth, the owner shall
10 execute an assignment and warranty of title to the transferee
11 in the space provided on the certificate of title or as the
12 department prescribes, sworn to before a notary public or
13 other officer empowered to administer oaths, and deliver the
14 certificate to the transferee at the time of the delivery of
15 the snowmobile or ATV.
16 (2) Except as otherwise provided in section 7715.1
17 (relating to snowmobile or ATV purchased from dealer), the
18 transferee shall, within 15 days of the assignment of the
19 certificate of title, apply for a new title by forwarding to
20 the department the certificate of title executed as required
21 by paragraph (1), a properly completed application for
22 certificate of title, sworn to before a notary public or
23 other officer empowered to administer oaths, and such other
24 forms as the department may require.
25 (k) Penalty.--A person who violates subsection (a) commits a
26 summary offense and shall, upon conviction, be sentenced:
27 (1) For a first offense, to pay a fine of $100 and costs
28 of prosecution.
29 (2) For a subsequent offense, to pay a fine of not less
30 than $300 nor more than $1,000 and costs of prosecution.
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1 § 7712.2. Transfer to or from dealer.
2 (a) Transfer to dealer.--If a dealer acquires a snowmobile
3 or ATV for the purpose of resale, a certificate of title need
4 not be applied for as provided for in section 7712.1 (relating
5 to certificate of title for snowmobile or ATV), but the dealer
6 shall, within seven days from the date of acquisition, forward
7 to the department, upon a form prescribed and furnished by the
8 department, notification of the acquisition of the snowmobile or
9 ATV.
10 (b) Execution and display of notice of transfer.--A dealer
11 making notification pursuant to subsection (a) shall execute at
12 least three copies of the notification, the original of which
13 shall be forwarded to the department, one copy to accompany the
14 snowmobile or ATV in any subsequent transfer and one copy to be
15 retained by the dealer for at least one year after a subsequent
16 transfer, to be exhibited, with the assigned certificate of
17 title, upon request of a police officer or authorized department
18 employee.
19 (c) Transfer from dealer.--Except as otherwise provided in
20 subsection (a), if a dealer transfers the dealer's interest in a
21 snowmobile or ATV:
22 (1) The dealer shall execute an assignment and warranty
23 of title to the transferee in the space provided on the
24 certificate of title or as the department prescribes.
25 (2) The transferee shall complete the application for
26 certificate of title in the name of the transferee, sworn to
27 before a notary public or other officer empowered to
28 administer oaths.
29 (3) The dealer shall forward to the department the
30 certificate of title executed as required by paragraph (1), a
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1 properly completed application for certificate of title and
2 such other forms as the department may require within 15 days
3 of the transfer.
4 (d) Exception for repossessed snowmobiles or ATV's.--This
5 section does not apply to a snowmobile or ATV repossessed upon
6 default of performance of a lease, contract of conditional sale
7 or similar agreement.
8 (e) Penalty and suspension or revocation of dealer
9 registration.--A dealer who violates this section commits a
10 summary offense and shall, upon conviction, be sentenced to pay
11 a fine of $50. If a dealer violates this section, the department
12 may suspend or revoke the registration issued under section 7711
13 (relating to registration of dealers).
14 § 7712.3. Transfer of snowmobile or ATV by operation of law.
15 (a) General rule.--If the interest of an owner in a
16 snowmobile or ATV passes to another other than by voluntary
17 transfer, the transferee shall, except as otherwise provided,
18 promptly mail or deliver to the department the last certificate
19 of title, if available, and shall apply for a new certificate of
20 title on a form prescribed and furnished by the department. The
21 application shall be accompanied by such instruments or
22 documents of authority, or certified copies thereof, as may be
23 sufficient or required by law to evidence or effect a transfer
24 of title or interest in or to chattels in such case.
25 (b) Transfer to surviving spouse.--Transfer of a certificate
26 of title to a surviving spouse, or a person designated by the
27 spouse, may be made without the necessity of filing for letters
28 of administration, notwithstanding the fact that there are minor
29 children surviving the decedent, if the surviving spouse files
30 an affidavit that all debts of the decedent have been paid.
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1 (c) Surrender of certificate.--A person holding a
2 certificate of title, whose interest in a snowmobile or ATV has
3 been extinguished or transferred other than by voluntary
4 transfer, shall immediately surrender the certificate of title
5 to the person to whom the right to possession of the snowmobile
6 or ATV has passed. Upon request of the department, such person
7 shall mail or deliver the certificate to the department.
8 Delivery of the certificate pursuant to the request of the
9 department does not affect the rights of the person surrendering
10 the certificate.
11 § 7712.4. Correction of certificate of title.
12 (a) General rule.--When a certificate of title has been
13 issued in error to a person not entitled to it or contains
14 incorrect information, or information has been omitted from the
15 certificate, the department shall notify in writing the person
16 to whom the certificate has been issued or delivered, and such
17 person shall return the certificate within 48 hours, together
18 with any other information necessary for the adjustment of the
19 department records, and upon receipt of the certificate, the
20 department shall cancel the certificate and issue a corrected
21 certificate.
22 (b) Change in material information on certificate.--If any
23 material information on the certificate of title is changed or
24 different from the information originally set forth, the owner
25 shall immediately inform the department and apply for a
26 corrected certificate. For the purposes of this subsection, a
27 change of address is not deemed material.
28 (c) Seizure of certificate on conviction.--Upon summary
29 conviction for violation of this section, the department may
30 delegate authority to a department employee or police officer to
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1 seize the certificate of title.
2 § 7712.5. Issuance of new certificate following transfer.
3 (a) Voluntary transfer.--The department, upon receipt of a
4 properly assigned certificate of title with an application for a
5 new certificate of title, the required fee and any other
6 required documents and articles, shall issue a new certificate
7 of title in the name of the transferee as owner and mail it to
8 the first secured party named in the certificate or, if none, to
9 the owner.
10 (b) Involuntary transfer.--The department, upon receipt of
11 an application for a new certificate of title by a transferee
12 other than by voluntary transfer, on a form prescribed and
13 furnished by the department together with proof satisfactory to
14 the department of the transfer, the required fee and any other
15 required documents and articles, shall issue a new certificate
16 of title in the name of the transferee as owner.
17 (c) Filing and retention of surrendered certificate.--The
18 department shall file and retain for five years a surrendered
19 certificate of title, or a copy, in such a manner as to permit
20 the tracing of title of the snowmobile or ATV.
21 § 7712.6. Suspension and cancellation of certificate of title.
22 (a) Return of new snowmobile or ATV.--The department may
23 cancel the certificate of title issued for a new snowmobile or
24 ATV if it is shown by satisfactory evidence that the snowmobile
25 or ATV has been returned to the dealer from whom obtained.
26 (b) Snowmobile or ATV sold to nonresidents.--The department
27 may cancel a certificate of title for a snowmobile or ATV sold
28 to a resident of another state or foreign country if the
29 snowmobile or ATV is to be registered in the other jurisdiction.
30 (c) Surrender of Pennsylvania certificate in other
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1 jurisdiction.--The department, upon receipt of notification from
2 another state or foreign country that a certificate of title
3 issued by the department has been surrendered by the owner in
4 conformity with the laws of the other state or foreign country,
5 may cancel the certificate of title.
6 (d) Surrender of foreign certificate to department.--If an
7 owner surrenders a certificate of title from another state or
8 foreign country to the department, the department may notify the
9 state or foreign country so that the certificate of title may be
10 canceled or otherwise disposed of in accordance with the law of
11 the other jurisdiction.
12 (e) Conviction for misstatement of facts.--The department,
13 upon receipt of certification from the clerk of a court showing
14 conviction for a misstatement of facts on an application for an
15 original or duplicate certificate of title or a transfer of a
16 certificate of title, shall suspend the certificate of title and
17 require that it be returned to the department within ten days of
18 notice by the department, whereupon the department may cancel
19 it.
20 (f) Nonpayment of fee.--The department may suspend or cancel
21 a certificate of title when a check received in payment of the
22 fee is not paid on demand or when the fee for the certificate is
23 unpaid and owing.
24 (g) Security interest unaffected by suspension or
25 cancellation.--Suspension or cancellation of a certificate of
26 title does not, in itself, affect the validity of a security
27 interest noted on the certificate.
28 (h) Surrender of certificate.--The department may request
29 the return of a certificate of title which has been suspended or
30 canceled. The owner or person in possession of the certificate
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1 of title shall, within ten days of the date of request by the
2 department, mail or deliver the certificate to the department.
3 § 7712.7. Application for certificate of title by agent.
4 (a) Authorization to apply.--No person may apply for a
5 certificate of title on behalf of another person unless
6 authorization to do so is in effect and is verified by oath or
7 affirmation of the other person, made, except as between lessors
8 and fleet owners as lessees, not more than 15 days before the
9 application is received by the department. A lessor may
10 authorize a fleet owner to apply for a certificate of title for
11 a leased snowmobile or ATV for a period of up to one year.
12 (b) Certificate not to be assigned in blank.--No person may
13 apply for, or assign or physically possess, a certificate of
14 title, or direct or allow another person in his employ or
15 control to apply for, or assign or physically possess, a
16 certificate of title, unless the name of the transferee is
17 placed on the assignment of certificate of title simultaneously
18 with the name of the transferor and duly notarized.
19 (c) Persons authorized to hold certificate.--No person may
20 receive, obtain or hold a certificate of title recorded in the
21 name of another person for the other person who is not in the
22 regular employ of, or not a member of the family of, the other
23 person, unless the person receiving, obtaining or holding the
24 certificate of title has a valid undischarged security interest
25 recorded in the department against the snowmobile or ATV
26 represented by the certificate of title.
27 (d) Penalty.--A person who violates this section commits a
28 summary offense and shall, upon conviction, be sentenced to pay
29 a fine of $100 and costs of prosecution.
30 § 7712.8. Perfection of security interest in a snowmobile or
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1 ATV.
2 (a) Applicability of section.--Except as otherwise provided
3 in 13 Pa.C.S. §§ 9311(d) (relating to perfection of security
4 interests in property subject to certain statutes, regulations
5 and treaties), 9315(c) and (d) (relating to secured party's
6 rights on disposition of collateral and in proceeds) and 9316(d)
7 and (e) (relating to continued perfection of security interest
8 following change in governing law), this section provides the
9 exclusive method of perfecting a security interest in a
10 snowmobile or ATV for which a certificate of title is required
11 under this subchapter.
12 (b) Snowmobiles or ATV's without Pennsylvania certificate of
13 title.--If an owner creates a security interest in a snowmobile
14 or ATV for which a certificate of title has not been issued by
15 the department, the owner shall, at the request of the secured
16 party, promptly execute an application for a certificate of
17 title on a form prescribed by the department showing the name
18 and address of the secured party. The owner shall tender the
19 application, the existing certificate of title, if any, and the
20 required fee to the department. A security interest in a
21 snowmobile or ATV is perfected at the time that such
22 application, existing certificate of title, if any, and required
23 fee are received by the department.
24 (c) Snowmobiles or ATV's with Pennsylvania certificate of
25 title.--If an owner creates a security interest in a snowmobile
26 or ATV for which a certificate of title has been issued by the
27 department, the owner shall, at the request of the secured
28 party, promptly execute an application on a form prescribed by
29 the department showing the name and address of the secured
30 party. The owner shall tender the certificate of title, together
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1 with the application and the required fee, to the department. A
2 security interest in a snowmobile or ATV is perfected at the
3 time such application, certificate of title and required fee are
4 received by the department.
5 (d) Certificate of title in possession of secured party.--
6 Upon request of the owner or a subordinate secured party, a
7 secured party in possession of the certificate of title shall
8 mail or deliver the certificate to the department or, upon
9 receipt from the subordinate secured party of the application of
10 the owner and the required fee, shall mail or deliver them to
11 the department with the certificate of title. The delivery of
12 the certificate to the department does not affect the rights of
13 the first secured party under his security agreement.
14 (e) Indorsement and delivery of certificate of title.--Upon
15 receipt of the application, existing certificate of title, if
16 any, and required fee, the department shall indorse on the
17 existing certificate of title or the new certificate that it
18 issues the names and addresses of all secured parties and shall
19 mail the certificate of title to the first secured party named
20 in the certificate.
21 § 7712.9. Satisfaction of security interest.
22 (a) Satisfaction of secured obligation.--Unless otherwise
23 agreed by the owner, within 15 days of the satisfaction of the
24 obligation secured by a security interest in a snowmobile or
25 ATV, the secured party shall mail or deliver the certificate of
26 title to the owner or to the department with a statement of
27 satisfaction signed by the secured party. Upon receipt of the
28 certificate of title and statement of satisfaction, the
29 department shall issue a corrected certificate of title without
30 an indorsement of such secured party's security interest and
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1 mail the same to the holder of the first remaining security
2 interest or, if there is no remaining security interest, the
3 owner.
4 (b) Satisfaction of subordinate secured obligation.--If the
5 certificate of title for a snowmobile or ATV is in the
6 possession of a prior secured party, the subordinate secured
7 party whose obligation is satisfied shall mail or deliver to the
8 owner a signed statement of satisfaction in accordance with
9 subsection (a). Upon request of the owner and receipt of the
10 statement of satisfaction, the secured party in possession of
11 the certificate of title shall mail or deliver the certificate
12 of title, together with the statement of satisfaction, to the
13 department. Upon receipt of the certificate of title and
14 evidence of satisfaction, the department shall issue a corrected
15 certificate of title without an indorsement of the satisfied
16 security interest and mail the same to the prior secured party.
17 (c) Penalties.--Any person violating the provisions of this
18 section commits a summary offense and shall, upon conviction, be
19 sentenced to pay a fine of $50.
20 § 7712.10. Release of security interest.
21 A secured party that releases a security interest in a
22 snowmobile or ATV shall mail or deliver the certificate of title
23 to the owner with a statement of release signed by the secured
24 party, or the secured party may apply to the department for a
25 corrected certificate of title to be issued in the name of the
26 owner. Upon receipt of the certificate of title and statement of
27 release, the department shall issue a corrected certificate of
28 title without an indorsement of such secured party and mail the
29 same to the holder of the first remaining security interest or,
30 if there is no remaining secured party, the owner.
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1 § 7712.11. Effectiveness of security interests.
2 A security interest perfected in accordance with this
3 subchapter is perfected until the secured party provides written
4 evidence of satisfaction in accordance with section 7712.9
5 (relating to satisfaction of security interest) or release in
6 accordance with section 7712.10 (relating to release of security
7 interest) and the indorsement of the security interest is
8 removed by the department pursuant to section 7712.9 or 7712.10.
9 § 7712.12. Assignment by secured party of security interest.
10 (a) General rule.--A secured party may assign, absolutely or
11 otherwise, his security interest in a snowmobile or ATV to a
12 person other than the owner without affecting the interest of
13 the owner or the validity or perfection of the security
14 interest.
15 (b) Duty of assignee.--An assignee who desires to become the
16 secured party of record shall mail or deliver to the department
17 the certificate of title and an assignment by the secured party
18 named on the certificate of title on a form prescribed by the
19 department accompanied by the required fee. Upon receipt of the
20 certificate of title, assignment and fee, the department shall
21 issue a corrected certificate of title naming the assignee as
22 secured party.
23 (c) Division 9.--The provisions of this section are subject
24 to 13 Pa.C.S. § 9308(e) (relating to when security interest or
25 agricultural lien is perfected; continuity of perfection).
26 § 7712.13. Exemptions.
27 The provisions of this subchapter relating to procedures for
28 perfecting, assigning and satisfying security interests do not
29 apply to:
30 (1) a lien given by statute or rule of law to a supplier
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1 of services or materials for the snowmobile or ATV;
2 (2) a lien given by statute to the United States, the
3 Commonwealth or any political subdivision of the
4 Commonwealth;
5 (3) a security interest in a snowmobile or ATV described
6 in 13 Pa.C.S. § 9311(d) (relating to perfection of security
7 interests in property subject to certain statutes,
8 regulations and treaties); or
9 (4) a snowmobile or ATV for which a certificate of title
10 is not required under this subchapter.
11 § 7715.1. Snowmobile or ATV purchased from dealer.
12 (a) General rule.--If a snowmobile or ATV is purchased from
13 a dealer, the dealer shall mail or deliver to the department an
14 application for a registration certificate or limited
15 registration certificate, an application for certificate of
16 title, any other required forms and the required fees within 15
17 days of the date of purchase.
18 (b) Penalty.--A dealer who violates subsection (a) commits a
19 summary offense and shall, upon conviction, be sentenced to pay
20 a fine of $300 and costs of prosecution or to be imprisoned for
21 not more than 90 days, or both. In addition, if a dealer
22 violates subsection (a), the department may suspend or revoke
23 the registration issued under section 7711 (relating to
24 registration of dealers).
25 § 7715.2. Fees.
26 (a) Fees.--Except as provided in subsection (b), the
27 department shall collect the following fees:
28 (1) Certificate of title, $22.50.
29 (2) Expiration sticker, $20.
30 (3) Dealer registration, $25.
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1 (4) Replacement, due to loss or damage, of registration
2 certificate, limited registration certificate, registration
3 decal, registration plate or expiration sticker, $5.
4 (5) Transfer of registration pursuant to section 7711.1
5 (relating to registration of snowmobile or ATV), $5.
6 (6) Recording the name of a secured party on a
7 certificate of title, $5.
8 (b) Exemptions from fees.--Subsection (a) does not apply to
9 a snowmobile or ATV owned by:
10 (1) The Commonwealth.
11 (2) A political subdivision of this Commonwealth.
12 (3) A volunteer organization and used exclusively for
13 emergency purposes.
14 § 7716. Records.
15 The department shall maintain a record, which shall be made
16 available to all enforcement agencies, of:
17 (1) The registration number for each snowmobile and ATV
18 for which a registration certificate or limited registration
19 certificate is issued.
20 (2) The name and address of the owner of each snowmobile
21 and ATV for which a registration certificate or limited
22 registration certificate is issued.
23 § 7717. Snowmobile and ATV Advisory Committee.
24 (a) Establishment.--There is hereby established under the
25 jurisdiction of the department a board known as the Snowmobile
26 and ATV Advisory Committee.
27 (b) Composition.--The committee shall consist of 17 members.
28 The members shall be as follows:
29 (1) The chairman and minority chairman of the
30 Environmental Resources and Energy Committee of the Senate.
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1 (2) The chairman and minority chairman of the
2 Environmental Resources and Energy Committee of the House of
3 Representatives.
4 (3) One member from the Pennsylvania Game Commission.
5 (4) One member from the Allegheny National Forest.
6 (5) One member from the Pennsylvania State Association
7 of Township Supervisors.
8 (6) One member from the Pennsylvania State Association
9 of Boroughs.
10 (7) One member from the Pennsylvania State Association
11 of County Commissioners.
12 (8) Eight members of the public representing the
13 following organizations to be appointed by the Secretary of
14 Conservation and Natural Resources:
15 (i) Two members from a list of at least six
16 representatives submitted by the Pennsylvania State
17 Snowmobile Association.
18 (ii) Two members from a list of at least six
19 representatives submitted by the Pennsylvania Off-Highway
20 Vehicle Association.
21 (iii) One member from a list of at least three
22 representatives submitted by the Pennsylvania Farm
23 Bureau.
24 (iv) Two members from a list of at least six
25 representatives submitted by conservation or nonmotorized
26 recreation organizations.
27 (v) One member from a list of at least three
28 representatives submitted by the Pennsylvania Travel
29 Council.
30 Each member may designate an alternate to serve in his stead. A
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1 member shall notify the chairman in writing of this designation.
2 (c) Terms of appointees.--The terms of all members of the
3 committee appointed by the Secretary of Conservation and Natural
4 Resources shall be three years. Any member of the committee may
5 be reappointed for additional terms. A person appointed to fill
6 a vacancy shall serve for the unexpired term and is eligible for
7 reappointment.
8 (d) Officers.--The members of the committee shall annually
9 elect a chairman, a vice chairman and a secretary from among the
10 public members of the committee.
11 (e) Meetings and expenses.--
12 (1) The committee shall meet at least annually.
13 (2) A public member, including a designee, who misses
14 three consecutive meetings without good cause acceptable to
15 the chairman may be replaced by the Secretary of Conservation
16 and Natural Resources.
17 (3) The public members of the committee shall be allowed
18 actual, necessary and reasonable per diem expenses in
19 accordance with regulations of the Executive Board. The
20 department shall provide appropriate staff support to enable
21 the committee to properly carry out its functions.
22 (f) Powers and duties.--The powers and duties of the
23 committee shall be to advise the Secretary of Conservation and
24 Natural Resources on matters concerning the implementation of
25 this chapter, including existing and proposed regulations,
26 standards, policies and practices; use and operation of
27 snowmobiles and ATV's on public and private land; acquisition,
28 construction, development and maintenance of trails;
29 enforcement; and allocation of fees collected by the department
30 pursuant to this chapter.
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1 § 7721. Operation on streets and highways.
2 (a) General rule.--Except as otherwise provided in this
3 chapter, it is unlawful to operate a snowmobile or an ATV on any
4 street or highway which is not designated and posted as a
5 snowmobile or an ATV road by the governmental agency having
6 jurisdiction.
7 (b) Emergency and bridge crossings.--A snowmobile or an ATV
8 may be operated on highways and streets:
9 (1) During periods of emergency when so declared by a
10 policy agency having jurisdiction.
11 (2) When necessary to cross a bridge or culvert.
12 (c) Crossing street or highway.--A snowmobile or an ATV may
13 make a direct crossing of a street or highway upon compliance
14 with the following requirements:
15 (1) The crossing is made at an angle of approximately 90
16 degrees to the direction of the highway and at a place where
17 no obstruction prevents a quick and safe crossing.
18 (2) The snowmobile or ATV is brought to a complete stop
19 before crossing the shoulder or main-traveled way of the
20 highway.
21 (3) The driver yields the right-of-way to all oncoming
22 traffic which constitutes an immediate hazard.
23 (4) In crossing a divided highway, the crossing is made
24 only at an intersection of such highway with another public
25 street or highway.
26 § 7722. Designation of snowmobile and ATV roads.
27 (a) General rule.--The Department of Transportation on
28 State-designated highways and local authorities on any highway,
29 road or street within its jurisdiction may designate any
30 highway, road or street within its jurisdiction as a snowmobile
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1 road, an ATV road, or both, and may, in its discretion,
2 determine whether such road shall be closed to vehicular traffic
3 or whether snowmobiles and ATV's may share this designated road
4 with vehicular traffic.
5 (b) Posting notices.--Adequate notices of such designation
6 and determination shall be sufficiently and prominently
7 displayed.
8 (c) Liability.--There shall be no liability imposed on the
9 Department of Transportation or any other State agency or any
10 political subdivision of this Commonwealth as a result of
11 designating any highway, road or street as a snowmobile road or
12 an ATV road as provided in subsection (a).
13 § 7723. Special snowmobile and ATV events.
14 (a) General rule.--Snowmobiles and ATV's may be operated on
15 highways and streets for special snowmobile and ATV events of
16 limited duration which are conducted according to a prearranged
17 schedule under permit from the governmental agency having
18 jurisdiction.
19 (b) Authority of local authorities.--A local authority may
20 block off highways and streets within its jurisdiction for the
21 purpose of allowing snowmobile and ATV races, rallies or
22 derbies. No State trunk highway or connecting street, or part
23 thereof, shall be blocked off by any local authority for any
24 snowmobile or ATV race, rally or derby.
25 (c) Notification and duty of police.--A local authority
26 shall notify the local police department and the county
27 sheriff's office at least one week in advance of the time and
28 place of any snowmobile or ATV race, rally or derby which may
29 result in any highway or street, or part thereof, being blocked
30 off. Upon such notice, the local police department shall take
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1 such measures as it deems appropriate to protect persons and
2 property and to regulate traffic in the designated area and its
3 vicinity on the day of such race, rally or derby.
4 § 7724. Operation on private or State property.
5 (a) Private real property.--
6 (1) No person shall operate a snowmobile or an ATV on
7 private real property without the consent of the owner
8 thereof. Any person operating a snowmobile or an ATV upon
9 lands of another shall stop and identify himself upon the
10 request of the landowner or his duly authorized
11 representatives and, if requested to do so by the landowner,
12 shall promptly remove the snowmobile or ATV from the
13 premises.
14 (2) When a person operates a snowmobile or an ATV in a
15 manner as to violate section 3717 (relating to trespass by
16 motor vehicle), the applicable fines, penalties and
17 suspensions provided in this title for violation of section
18 3717 shall apply to this subsection.
19 (b) State property.--
20 (1) No person shall operate a snowmobile or an ATV on
21 State-owned property except on clearly marked and previously
22 designated snowmobile or ATV routes or as expressly permitted
23 by the Commonwealth.
24 (2) (i) The department may designate any road within a
25 State Park or State Forest over which the department has
26 jurisdiction as a snowmobile road or an ATV road, or
27 both, and may, in its discretion, determine whether the
28 road shall be closed to vehicular traffic or whether
29 snowmobiles and ATV's may share the designated road with
30 vehicular traffic. Adequate notices of such designation
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1 and determination shall be sufficiently and prominently
2 displayed.
3 (ii) No person shall operate a snowmobile or ATV on
4 State park or State forest land except as follows:
5 (A) A person may operate a snowmobile on a road,
6 trail or area that is designated and marked by the
7 department as open for snowmobile use or on which the
8 person has been given specific written permission to
9 operate the snowmobile.
10 (B) A person may operate a Class I ATV on a
11 road, trail or area that is designated and marked by
12 the department as open for ATV use or on which the
13 person has been given specific written permission to
14 operate the ATV.
15 (C) A person may operate a Class II ATV on a
16 road, trail or area if the person has been given
17 specific written permission by the department to
18 operate a Class II ATV on the road, trail or area.
19 § 7725. Operation by persons under age sixteen.
20 (a) Crossing street or highway.--No person under 16 years of
21 age shall drive a snowmobile or an ATV across any highway or
22 connecting street thereto unless he is under the direct
23 supervision of a person 18 years of age or older and unless he
24 holds a valid and appropriate safety certificate from the
25 Commonwealth or a valid and approved certificate issued under
26 the authority of another state or Province of Canada. The
27 department shall determine what certificates will be approved.
28 (b) Operation of an ATV by persons under eight years of
29 age.--No person under eight years of age shall operate an ATV
30 upon State-owned land.
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1 (b.1) ATV size restrictions.--An ATV operated in this
2 Commonwealth by a person eight or nine years of age shall have
3 an engine size of 70cc or less.
4 (b.2) Operation of a snowmobile by persons under ten years
5 of age.--No person under ten years of age shall operate a
6 snowmobile upon State-owned land.
7 (c) Snowmobile and ATV safety certification.--No person 8 to
8 15 years of age shall operate an ATV and no person between 10
9 and 15 years of age shall operate a snowmobile in this
10 Commonwealth unless the person satisfies one of the following
11 conditions:
12 (1) Is under the direct supervision of a certified
13 snowmobile or ATV safety instructor during a safety training
14 course.
15 (2) Is on land owned or leased by a parent or legal
16 guardian.
17 (3) Has received safety training as prescribed by the
18 department and has received the appropriate safety
19 certificate issued by the department.
20 (4) Holds an appropriate safety certificate issued under
21 the authority of another state or Province of Canada and
22 recognized by the department.
23 (d) Failure to exhibit certificate.--The failure of such a
24 youthful operator to exhibit the appropriate safety certificate,
25 upon demand, to any law enforcement officer having authority to
26 enforce the provisions of this section shall be presumptive
27 evidence that such person is not the holder of such certificate.
28 (e) Permitting unauthorized operation.--No owner of a
29 snowmobile or an ATV shall authorize or permit the operation
30 thereof within this Commonwealth by any person under 16 years of
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1 age unless the person under 16 years of age is the holder of a
2 valid and appropriate safety certificate, or except as
3 authorized in subsections (b), (b.2) and (c).
4 (f) Certification of snowmobile safety instructors.--The
5 department may certify snowmobile or ATV safety instructors to
6 act as its agents in conducting classes and examinations and
7 issuing snowmobile or ATV safety certificates in its name.
8 (g) Operation on snowmobile and ATV roads.--No person under
9 16 years of age may operate a snowmobile or an ATV on streets or
10 highways designated under section 7722 (relating to designation
11 of snowmobile and ATV roads) as open to snowmobile or ATV and
12 vehicular traffic. A person under 16 years of age who holds the
13 appropriate safety certificate may operate a snowmobile or an
14 ATV on roads designated under section 7724(b) (relating to
15 operation on private or State property) as open to snowmobile or
16 ATV and vehicular traffic, provided he is under the direct
17 supervision of a person 18 years of age or older.
18 (h) Snowmobile and ATV safety program.--The department shall
19 implement a comprehensive snowmobile and ATV information, safety
20 education and training program which shall include the
21 preparation and dissemination of information and safety advice
22 to the public and training of operators. The program shall
23 provide for the training of youthful operators and for the
24 issuance of snowmobile or ATV safety certificates to those who
25 successfully complete the training provided under the program.
26 (i) Cooperation with other organizations.--In implementing a
27 program which is established under this section, the department
28 shall cooperate with private organizations and associations,
29 private and public corporations, the Department of Education and
30 local governmental units. The department shall consult with
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1 snowmobile, ATV and environmental organizations and associations
2 in regard to subject matter of a training program that leads to
3 certification of snowmobile and ATV operators.
4 § 7726. Operation in safe manner.
5 (a) General rule.--No person shall operate a snowmobile or
6 an ATV in any of the following ways:
7 (1) At a rate of speed that is unreasonable or improper
8 under existing conditions or in excess of the maximum limits
9 posted for vehicular traffic.
10 (2) In any careless way so as to endanger the person or
11 property of another.
12 (3) While under the influence of alcohol or any
13 controlled substance.
14 (b) Permitting unsafe operation.--No owner or other person
15 having charge or control of a snowmobile or an ATV shall
16 knowingly authorize or permit the operation of the snowmobile or
17 ATV by any person who is incapable to do so by reason of age,
18 physical or mental disability, or who is under the influence of
19 alcohol or any controlled substance.
20 (c) Operation on highways and streets open to snowmobiles or
21 ATV's and vehicular traffic.--No person shall operate a
22 snowmobile or ATV in any of the following ways on highways and
23 streets open to snowmobiles or ATV's and vehicular traffic:
24 (1) Upon the left side of highways or streets, except
25 one-way streets, or as specified in paragraph (2).
26 (2) Ride two snowmobiles or ATV's abreast. Snowmobiles
27 and ATV's shall be operated in single file except when
28 overtaking another vehicle. The driver of any vehicle
29 overtaking another vehicle proceeding in the same direction
30 shall pass at a safe distance to the left thereof, until
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1 safely clear of such overtaken vehicle. Nothing in this
2 section shall be construed to prohibit a driver overtaking
3 the passing upon the right of another vehicle which is making
4 or about to make a left turn. The driver of a vehicle shall
5 not drive to the left side of the center of a highway in
6 overtaking or passing another vehicle proceeding in the same
7 direction, unless the left side is clearly visible and is
8 free of oncoming traffic for a sufficient distance ahead to
9 permit the overtaking or passing to be made in safety.
10 (3) Turn to the right or left at an intersection or stop
11 or decrease speed at an intersection without signaling as
12 stated in this paragraph. The driver shall extend his hand
13 and arm from the left side of the vehicle in the following
14 manner to indicate as stated:
15 (i) Left turn or other vehicle movement toward left,
16 hand and arm extended horizontally.
17 (ii) Right turn or other vehicle movement toward
18 right, left hand and arm extended outward and pointed
19 upward from the elbow.
20 (iii) Stop or decrease speed, either the left or
21 right hand and arm extended upward.
22 (4) Disobey any traffic signal or signs placed in
23 accordance with this title unless otherwise directed by a
24 peace officer.
25 (5) Without a securely fastened helmet on the head of an
26 individual who operates or is a passenger on a snowmobile or
27 ATV or who is being towed or otherwise propelled by a
28 snowmobile. The department shall specify the types of helmets
29 allowed through rules and regulations.
30 § 7727. Additional limitations on operation.
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1 Except as otherwise permitted under Title 34 (relating to
2 game), no person shall:
3 (1) Operate or ride in any snowmobile or ATV with any
4 bow and arrows or with any firearm in his possession unless
5 it is unstrung or unloaded.
6 (2) Drive or pursue any game or wildlife with a
7 snowmobile or an ATV.
8 § 7728. Accidents and accident reports.
9 (a) Duty to stop and provide information.--Whenever any
10 snowmobile or ATV is involved in an accident resulting in loss
11 of life, personal injury or damage to property and the operator
12 thereof has knowledge of such accident, he shall stop and give
13 his name and address, the name and address of the owner thereof
14 and the registration number of the snowmobile or ATV to the
15 injured person or the person sustaining the damage or to a
16 police officer. In case no police officer nor the person
17 sustaining the damage is present at the place where the damage
18 occurred, then the operator shall immediately report, as soon as
19 he is physically able, the accident to the nearest law
20 enforcement agency.
21 (b) Report of accident to department.--The operator of any
22 snowmobile or ATV involved in any accident resulting in injuries
23 to or death of any person or resulting in property damage to the
24 estimated amount of $100 or more shall, within seven days after
25 such accident, report the matter in writing to the department.
26 If the operator is physically incapable of making the report and
27 there is another participant in the accident not so
28 incapacitated, the participant shall make the report within the
29 prescribed period of time after the accident. In the event that
30 there is no other participant and the operator is other than the
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1 owner, then the owner shall within the prescribed period of
2 time, after learning of the facts of such accident, report the
3 matter to the department, together with such information as may
4 have come to his knowledge relating to such accident. Every
5 operator or owner of a snowmobile or an ATV in an accident, or
6 surviving participant of any such accident, shall make such
7 other and additional reports as the department shall require.
8 (c) Report by law enforcement officer.--A law enforcement
9 officer who investigates or receives information of an accident
10 involving a snowmobile or an ATV shall make a written report of
11 the investigation or information received, and such additional
12 facts relating to the accident as may come to his knowledge, and
13 mail the same within 48 hours to the department and keep a
14 record thereof in his office.
15 (d) Exception.--This section does not apply when property
16 damage is sustained in sanctioned snowmobile or ATV races,
17 derbies and rallies.
18 § 7729. Liability of owner for negligence.
19 (a) General rule.--Negligence in the use or operation of a
20 snowmobile or an ATV is attributable to the owner. Every owner
21 of a snowmobile or an ATV used or operated in this Commonwealth
22 shall be liable and responsible for death or injury to person or
23 damage to property resulting from negligence in the use or
24 operation of such snowmobile or ATV by any person using or
25 operating the snowmobile or ATV with the permission, express or
26 implied, of such owner.
27 (b) Exception.--The negligence of the operator shall not be
28 attributed to the owner as to any claim or cause of action
29 accruing to the operator or his legal representative for such
30 injuries or death.
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1 § 7730. Liability insurance.
2 (a) Requirement.--A snowmobile or ATV for which registration
3 is required under this chapter shall have liability insurance
4 coverage for the snowmobile or ATV issued by an insurance
5 carrier authorized to do business in this Commonwealth. This
6 subsection does not apply to limited registrations.
7 (b) Proof of insurance.--Proof of insurance as required by
8 this section shall be produced and displayed by the owner or
9 operator of such snowmobile or ATV upon the request of any
10 magistrate or any person having authority to enforce the
11 provisions of this chapter or to any person who has suffered or
12 claims to have suffered either personal injury or property
13 damage as a result of the operation of such snowmobile or ATV.
14 It shall be an affirmative defense to any prosecution for a
15 violation of this section that such proof was so produced within
16 72 hours of receiving notice of such violation, injury or damage
17 or the claim of such injury or damage.
18 (c) Owner's responsibility.--No owner of a snowmobile or ATV
19 shall operate or permit the same to be operated without having
20 in full force and effect liability insurance coverage required
21 by this section. The operator of a snowmobile or ATV shall carry
22 proof of insurance on his person or on the snowmobile or ATV
23 when it is in operation.
24 (d) Penalty.--A person who violates subsection (a) or (c)
25 commits a summary offense and shall, upon conviction, be
26 sentenced to pay a fine of $300 and costs of prosecution and, in
27 default of payment of the fine or costs, shall be imprisoned for
28 not more than ten days.
29 § 7741. Head lamps and tail lamps.
30 (a) Time of operation.--Every snowmobile or ATV operated
20070H2043B4442 - 85 -
1 during hours of darkness shall display a lighted head lamp and
2 tail lamp. The lights shall be in operation during the period of
3 from one-half hour after sunset to one-half hour before sunrise
4 and at any time when, due to insufficient light or unfavorable
5 atmospheric conditions caused by fog or otherwise, other
6 persons, vehicles and other objects are not clearly discernible
7 for a distance of 500 feet ahead.
8 (b) Head lamp requirements.--The head lamp shall display
9 white light of sufficient illuminating power to reveal any
10 person, vehicle or substantial object at a distance of 100 feet
11 ahead.
12 (1) If the snowmobile or ATV is equipped with a multiple
13 beam head lamp, the upper beam shall meet the minimum
14 requirements set forth in this section and the lowermost beam
15 shall be so aimed and of sufficient intensity to reveal
16 persons and vehicles at a distance of at least 50 feet ahead.
17 (2) If the snowmobile or ATV is equipped with a single
18 beam head lamp, the lamp shall be so aimed that when the
19 vehicle is loaded none of the high intensity portion of the
20 light, at a distance of 75 feet ahead, projects higher than
21 the level of the center of the lamp from which it comes.
22 (c) Tail lamp requirements.--The tail lamp shall display a
23 red light plainly visible during darkness from a distance of 500
24 feet.
25 § 7742. Brakes.
26 (a) Snowmobiles.--It is unlawful to operate a snowmobile
27 which is not equipped with at least one brake of a design
28 approved by the department operated either by hand or by foot,
29 capable of bringing the snowmobile to a stop, under normal
30 conditions, within 40 feet when traveling at a speed of 20 miles
20070H2043B4442 - 86 -
1 per hour with a 150 pound driver and on hard packed snow, or
2 locking its traction belt or belts. The design shall permit
3 simple and easy adjustment to compensate for wear.
4 (b) ATV's.--It is unlawful to operate an ATV which is not
5 equipped with a braking system which may be operated by hand or
6 foot, capable of producing deceleration of 14 feet per second on
7 level ground at a speed of 20 miles per hour, and the design
8 must permit simple and easy adjustment to compensate for wear.
9 § 7743. Mufflers and noise control.
10 (a) General rule.--It is unlawful to operate a snowmobile or
11 an ATV which is not equipped at all times with a muffler in good
12 working order which blends the exhaust noise into the overall
13 snowmobile or ATV noise and is in constant operation to prevent
14 excessive or unusual noise. The exhaust system shall not emit or
15 produce a sharp popping or crackling sound. The sound intensity
16 produced by a snowmobile shall not exceed 82dbA when measured in
17 accordance with SAE Recommended Practice J 192 Exterior Sound
18 Level for Snowmobiles, as amended. The department may by
19 regulation adopt more stringent noise requirements for
20 snowmobiles. The department shall by regulation adopt noise
21 requirements for in-use operation of ATV's using measurement
22 procedures in accordance with ANSI/SAE Recommended Practice J
23 1287 March 1982, Measurement of Exhaust Level of Stationary
24 Motorcycles. The sound level intensity produced by an ATV shall
25 not exceed 99dbA, or decibels, when measured at 20 inches.
26 (b) Modified mufflers prohibited.--It is unlawful to modify
27 a muffler or to operate a snowmobile or an ATV with a modified
28 muffler so as to increase the sound level of the snowmobile or
29 ATV above the level allowed by this section.
30 (c) Exception.--This section does not apply to organized
20070H2043B4442 - 87 -
1 races or similar competitive events.
2 § 7751. Enforcement personnel and procedures.
3 (a) Duty of enforcement.--Every law enforcement officer in
4 this Commonwealth and designated officers and employees of the
5 department shall enforce the provisions of this chapter.
6 (b) Forms and procedures.--The department may prescribe the
7 form of summons or complaint, or both, in all cases involving a
8 violation of any provision of this chapter or of any ordinance,
9 rule or regulation relating to snowmobiles or ATV's, or of any
10 class or category of such cases, and may establish procedures
11 for proper administrative controls over the disposition thereof.
12 (c) Records and reports.--The chief executive officer of
13 each local police force, sheriffs and the Commissioner of the
14 Pennsylvania State Police shall prepare or cause to be prepared
15 such records and reports as may be prescribed under this
16 section.
17 (d) Rules and regulations.--The department may promulgate
18 such rules and regulations as may be deemed necessary to
19 accomplish the purposes and enforce the provisions of this
20 section including requirements for reporting by trial courts
21 having jurisdiction over snowmobile and ATV violations.
22 § 7752. Penalties for violation of chapter.
23 (a) General rule.--Except as provided in subsections (c) and
24 (d) and unless otherwise provided in this chapter, a person who
25 violates this chapter commits a summary offense and shall, upon
26 conviction:
27 (1) For a first offense, be sentenced to pay a fine of
28 not less than $50 nor more than $200 and costs of prosecution
29 and, in default of the payment of the fine or costs, shall be
30 imprisoned for not more than ten days.
20070H2043B4442 - 88 -
1 (2) For a subsequent offense, be sentenced to pay a fine
2 of not less than $100 nor more than $300 and costs of
3 prosecution and, in default of the payment of the fine or
4 costs, shall be imprisoned for not more than 30 days.
5 (c) Unauthorized disposition of forms.--A person who
6 disposes of a summons or complaint issued pursuant to this
7 chapter in a manner other than that prescribed by law, rule or
8 regulation commits a misdemeanor of the third degree.
9 (d) Registration.--
10 (1) A person who violates section 7711.1 (relating to
11 registration of snowmobile or ATV) or 7711.2 (relating to
12 limited registration of snowmobile or ATV) by failing to
13 obtain the required registration certificate or limited
14 registration certificate commits a summary offense and shall,
15 upon conviction, be sentenced to pay a fine of $300 or to be
16 imprisoned for 90 days, or both, and costs of prosecution.
17 Proceedings for a summary offense under this paragraph must
18 be commenced within 60 days after commission of the alleged
19 offense or within 60 days after discovery of the commission
20 of the offense or the identity of the offender, whichever is
21 later.
22 (2) A person who violates section 7711.1 or 7711.2 by
23 failing to properly display the required registration decal
24 or plate commits a summary offense and shall, upon
25 conviction, be sentenced to pay a fine of $50 and costs of
26 prosecution.
27 (3) A person who violates section 7711.1 by failing to
28 properly display the required expiration sticker or by
29 failing to carry the required registration certificate
30 commits a summary offense and shall, upon conviction, be
20070H2043B4442 - 89 -
1 sentenced to pay a fine of $50 and costs of prosecution.
2 § 7753. Actions for collection of penalties.
3 (a) General rule.--An action to recover any penalty imposed
4 under the provisions of this chapter may be brought in any court
5 of competent jurisdiction in this Commonwealth on order of the
6 department and in the name of the Commonwealth. In any such
7 action all penalties incurred up to the time of commencing the
8 action may be sued for and recovered therein and the
9 commencement of an action to recover any such penalty shall not
10 be, or be held to be, a waiver of the right to recover any other
11 penalty. In case of recovery of any amount in an action brought
12 to recover any such penalty the Commonwealth shall be entitled
13 to recover full costs and at the rates provided for civil
14 actions.
15 (b) Duty and liability of witnesses.--No person shall be
16 excused from testifying or producing any books, papers or other
17 documents in any civil action to recover any such penalty, upon
18 the ground that his testimony might tend to convict him of an
19 offense or subject him to a penalty or forfeiture. No person
20 shall be prosecuted, punished or subjected to any penalty of
21 forfeiture for or on account of any such act, transaction,
22 matter or thing concerning which he shall, under oath, have
23 testified or produced documentary evidence and no testimony so
24 given or produced shall be received against him upon any
25 criminal investigation or proceeding. No person so testifying
26 shall be exempt from prosecution or punishment for any perjury
27 committed by him in his testimony. This subsection is not
28 intended to give, and shall not be construed as in any manner
29 giving, unto any corporation immunity of any kind.
30 (c) Plea of guilty.--A defendant charged with a violation of
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1 any provision of this chapter may himself plead guilty to the
2 charge in open court. He may also submit to the judge having
3 jurisdiction, in person, by duly authorized agent, or by
4 registered mail, a statement setting forth the following:
5 (1) That he waives arraignment in open court and the aid
6 of counsel.
7 (2) That he pleads guilty to the offense as charged.
8 (3) That he elects and requests that the charge be
9 disposed of and the fine or penalty fixed by the court.
10 (4) Any explanation that he desires to make concerning
11 the offense charged.
12 (5) That he makes all statements under penalty of
13 perjury.
14 Thereupon the judge may proceed as though the defendant had been
15 convicted upon a plea of guilty in open court. Any imposition of
16 fine or penalty under this section shall be deemed tentative
17 until the fine or penalty has been paid and discharged in full.
18 If, upon receipt of the aforesaid statement, the judge shall
19 deny the same, he shall thereupon notify the defendant of this
20 fact and that he is required to appear before the said judge at
21 a stated time and place to answer the charge which shall
22 thereafter be disposed of pursuant to the applicable provisions
23 of law.
24 (d) Statement of disposition of case.--Subject to any
25 inconsistent procedures and standards relating to reports and
26 transmission of funds prescribed pursuant to Title 42 (relating
27 to judiciary and judicial procedure), the court before whom any
28 person shall be tried shall, at the termination of the trial or
29 proceeding, forthwith mail or deliver to the department at
30 Harrisburg a certified statement of the disposition of the case
20070H2043B4442 - 91 -
1 or proceeding giving the date thereof, the name of the
2 defendant, the date and place of the violation, the name of each
3 witness sworn in support of the charges and the amount of the
4 fine or penalty paid.
5 (e) Section not exclusive.--This section:
6 (1) Does not prohibit the prosecution of violations of
7 this chapter in any court of competent jurisdiction in the
8 same manner as other offenses.
9 (2) Is subject to any inconsistent general rules
10 relating to actions for the collection of fines and
11 penalties.]
12 Section 4. Section 9017(d.1)(1) and (2) of Title 75 are
13 amended to read:
14 § 9017. Refunds.
15 * * *
16 (d.1) Motorized recreational vehicles.--
17 (1) When the tax imposed by this chapter has been paid
18 and the fuel on which the tax has been imposed has been
19 consumed in the operation of motorized recreational vehicles
20 on designated roads and bridges of this Commonwealth,
21 including roads and bridges bordering on this Commonwealth,
22 annually up to a maximum of $1,000,000 of the full amount of
23 such taxes shall be refunded to the restricted account
24 established in [section] 32 Pa.C.S. § 7706 (relating to
25 restricted account) upon petition to the Board of Finance and
26 Revenue.
27 (2) In accordance with prescribed procedures, the
28 Department of Conservation and Natural Resources shall
29 biennially calculate the amount of liquid fuels consumed by
30 motorized recreational vehicles and furnish such information
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1 relating to its calculations and data to the Board of Finance
2 and Revenue. The board shall review the petition and
3 motorized recreational vehicle fuel consumption calculations
4 of the Department of Conservation and Natural Resources to
5 determine the full amount of taxes paid and shall certify to
6 the State Treasurer to refund annually up to a maximum of
7 $1,000,000 of the full amount of such taxes to the restricted
8 account established in [section] 32 Pa.C.S. § 7706.
9 * * *
10 Section 5. The addition of 32 Pa.C.S. Ch. 77 is a
11 continuation of 75 Pa.C.S. Ch. 77. The following apply:
12 (1) Except as otherwise provided in 32 Pa.C.S. Ch. 77,
13 all activities initiated under the 75 Pa.C.S. Ch. 77 continue
14 and remain in full force and effect and may be completed
15 under 32 Pa.C.S. Ch. 77. Orders, regulations, rules and
16 decisions which were made under 75 Pa.C.S. Ch 77 and which
17 are in effect on the effective date of section 3 (75 Pa.C.S.
18 Ch. 77) of this act shall remain in full force and effect
19 until revoked, vacated or modified under 32 Pa.C.S. Ch. 77.
20 Contracts, obligations and collective bargaining agreements
21 entered into under 75 Pa.C.S. Ch. 77 are not affected nor
22 impaired by the repeal of 75 Pa.C.S. Ch. 77.
23 (2) Except as set forth in paragraph (3), any difference
24 in language between 32 Pa.C.S. Ch. 77 and 75 Pa.C.S. Ch. 77
25 is intended only to conform to the style of the Pennsylvania
26 Consolidated Statutes and is not intended to change or affect
27 the legislative intent, judicial construction or
28 administration and implementation of 75 Pa.C.S. Ch. 77.
29 (3) Paragraph (2) does not apply to the addition of the
30 definition of "all-terrain vehicle" in 32 Pa.C.S. § 7702.
20070H2043B4442 - 93 -
1 Section 6. This act shall take effect in 60 days.
2 SECTION 1. THE DEFINITION OF "ALL-TERRAIN VEHICLE" OR "ATV" <--
3 IN SECTION 7702 OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED
4 STATUTES IS AMENDED TO READ:
5 § 7702. DEFINITIONS.
6 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
7 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
8 MEANINGS GIVEN TO THEM IN THIS SECTION:
9 "ALL-TERRAIN VEHICLE" OR "ATV." A MOTORIZED OFF-HIGHWAY
10 VEHICLE WHICH TRAVELS ON THREE OR MORE INFLATABLE TIRES AND
11 WHICH HAS:
12 (1) A MAXIMUM WIDTH OF 50 INCHES AND A MAXIMUM DRY
13 WEIGHT OF [800] 1,000 POUNDS; OR
14 (2) A WIDTH WHICH EXCEEDS 50 INCHES OR A DRY WEIGHT
15 WHICH EXCEEDS [800] 1,000 POUNDS.
16 ATV'S DESCRIBED IN PARAGRAPH (1) MAY BE REFERRED TO AS CLASS I
17 ATV'S, AND ATV'S DESCRIBED IN PARAGRAPH (2) MAY BE REFERRED TO
18 AS CLASS II ATV'S. THIS TERM DOES NOT INCLUDE SNOWMOBILES, TRAIL
19 BIKES, MOTORBOATS, GOLF CARTS, AIRCRAFT, DUNE BUGGIES,
20 AUTOMOBILES, CONSTRUCTION MACHINES, TRUCKS OR HOME UTILITY
21 MACHINES; MILITARY, FIRE, EMERGENCY AND LAW ENFORCEMENT
22 VEHICLES; IMPLEMENTS OF HUSBANDRY; MULTIPURPOSE AGRICULTURAL
23 VEHICLES; VEHICLES USED BY THE DEPARTMENT; OR ANY VEHICLE THAT
24 IS OR IS REQUIRED TO BE REGISTERED UNDER CHAPTER 13 (RELATING TO
25 REGISTRATION OF VEHICLES). IN ADDITION, THIS TERM DOES NOT
26 INCLUDE OFF-ROAD MOTOR VEHICLES USED EXCLUSIVELY AS UTILITY
27 VEHICLES FOR AGRICULTURAL OR BUSINESS OPERATIONS AND
28 INCIDENTALLY OPERATED OR MOVED UPON THE HIGHWAY.
29 * * *
30 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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