PRINTER'S NO. 194
No. 152 Session of 2007
INTRODUCED BY GREENLEAF, PUNT, STOUT, TOMLINSON, TARTAGLIONE,
KITCHEN, BOSCOLA, RAFFERTY, CORMAN, WONDERLING, C. WILLIAMS,
MUSTO, WAUGH, O'PAKE, WASHINGTON AND STACK, MARCH 6, 2007
REFERRED TO TRANSPORTATION, MARCH 6, 2007
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for definitions; providing for
3 regulation and operation of neighborhood electric vehicles;
4 and further providing for operation of vehicle without
5 official certificate of inspection.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 102 of Title 75 of the Pennsylvania
9 Consolidated Statutes is amended by adding a definition to read:
10 § 102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this title which are applicable to specific
13 provisions of this title, the following words and phrases when
14 used in this title shall have, unless the context clearly
15 indicates otherwise, the meanings given to them in this section:
16 * * *
17 "Neighborhood electric vehicle." A four-wheeled electric
18 vehicle that has a maximum design speed of not less than 20
19 miles per hour and of not more than 25 miles per hour and that
1 is certified by the manufacturer to comply with the Federal
2 motor vehicle safety standards established in 49 CFR § 571.500
3 (relating to Standard No. 500; Low-speed vehicles).
4 * * *
5 Section 2. Chapter 35 of Title 75 is amended by adding a
6 subchapter to read:
7 SUBCHAPTER F
8 OPERATION OF NEIGHBORHOOD ELECTRIC VEHICLES
9 Sec.
10 3591. Scope of subchapter.
11 3592. Required equipment.
12 3593. Operation on certain highways or roadways.
13 3594. Licensing, financial responsibility, titling and
14 registration.
15 3595. Seating limitation.
16 3596. Waiver of liability.
17 § 3591. Scope of subchapter.
18 This subchapter applies to the operation of neighborhood
19 electric vehicles on certain highways or roadways in this
20 Commonwealth.
21 § 3592. Required equipment.
22 (a) General rule.--A neighborhood electric vehicle operated
23 upon any highway or roadway in this Commonwealth shall be
24 maintained in proper condition and comply with the equipment
25 requirements and standards as set forth in 49 CFR § 571.500
26 (relating to Standard No. 500; Low-speed vehicles). A
27 neighborhood electric vehicle operated upon any highway or
28 roadway in this Commonwealth shall be equipped with the
29 following additional equipment:
30 (1) Brakes adequate to control the movement of and to
20070S0152B0194 - 2 -
1 stop such vehicle.
2 (2) An odometer.
3 (3) A speedometer.
4 (4) The original manufacturer's vehicle identification
5 number die stamped upon the body or frame, or both, of the
6 vehicle or the original manufacturer's vehicle identification
7 number die stamped upon the engine or motor of the vehicle.
8 (b) Exemption.--A neighborhood electric vehicle shall be
9 exempt from equipment requirements not enumerated in this
10 subchapter.
11 (c) Slow moving vehicle emblem.--A neighborhood electric
12 vehicle shall have a slow moving vehicle emblem affixed in a
13 conspicuous place on the rear of the vehicle consistent with the
14 provisions of section 4529 (relating to slow moving vehicle
15 emblem).
16 (d) Penalties.--Any person who operates a neighborhood
17 electric vehicle without the equipment prescribed in this
18 section shall be subject to the penalties under section 6502
19 (relating to summary offenses).
20 § 3593. Operation on certain highways or roadways.
21 (a) Operation on State highways.--
22 (1) Except as otherwise provided under paragraphs (2)
23 and (3), a neighborhood electric vehicle may not be operated
24 upon any highway or roadway under the jurisdiction of the
25 department with a posted speed in excess of 25 miles per
26 hour.
27 (2) The secretary may, by order, permit the use of a
28 neighborhood electric vehicle upon any highway or roadway
29 under the jurisdiction of the department where the posted
30 speed limit is greater than 25 miles per hour but not greater
20070S0152B0194 - 3 -
1 than 35 miles per hour.
2 (3) The secretary may, by order, prohibit the use of a
3 neighborhood electric vehicle on any street under the
4 jurisdiction of the department where the secretary determines
5 that the operation of a neighborhood electric vehicle would
6 constitute a hazard.
7 (4) Any order issued by the secretary under paragraph
8 (2) or (3) shall be published in the Pennsylvania Bulletin.
9 (b) Operation on local roadways.--
10 (1) Except as otherwise provided under paragraph (2) or
11 (3), a neighborhood electric vehicle may not be operated upon
12 any highway or roadway under the jurisdiction of a local
13 authority with a posted speed limit in excess of 25 miles per
14 hour.
15 (2) Local authorities may, by ordinance or resolution,
16 as appropriate, in the case of any roadway under their
17 jurisdiction, permit the use of a neighborhood electric
18 vehicle where the posted speed limit is greater than 25 miles
19 per hour but not greater than 35 miles per hour.
20 (3) A local authority may, by ordinance or resolution,
21 as appropriate, prohibit the use of a neighborhood electric
22 vehicle on any roadway where the local authority determines
23 that the operation of a neighborhood electric vehicle would
24 constitute a hazard.
25 (c) Intersection with State highways.--
26 (1) A neighborhood electric vehicle may enter an
27 intersection and cross any highway or roadway under the
28 jurisdiction of the department where the posted speed limit
29 is 35 miles per hour or less, provided that if the highway or
30 roadway is more than two lanes or is divided, such crossing
20070S0152B0194 - 4 -
1 shall only occur at a signalized intersection or at a
2 nonsignalized intersection as the secretary determines is
3 appropriate for such crossings either on the secretary's own
4 motion or at the request of a local authority.
5 (2) A neighborhood electric vehicle may enter an
6 intersection and cross any highway or roadway under the
7 jurisdiction of the department where the posted speed limit
8 is in excess of 35 miles per hour only at a signalized
9 intersection or at such nonsignalized intersection as the
10 secretary determines is appropriate for such crossing either
11 upon the secretary's own motion or at the request of a local
12 authority.
13 (d) Intersection with local roadways.--
14 (1) A neighborhood electric vehicle may enter an
15 intersection and cross any highway or roadway under the
16 jurisdiction of a local authority where the posted speed
17 limit is 35 miles per hour or less, provided that if the
18 highway or roadway is more than two lanes or is divided, such
19 crossing shall only occur at signalized intersections or at
20 such nonsignalized intersections as the local authority by
21 ordinance or resolution, as appropriate, determines are
22 appropriate for such crossing.
23 (2) A neighborhood electric vehicle may enter an
24 intersection and cross any highway or roadway under the
25 jurisdiction of a local authority where the posted speed
26 limit is 35 miles per hour only at a signalized intersection
27 or at such nonsignalized intersection as the local authority
28 by ordinance or resolution, as appropriate, determines to be
29 appropriate for such crossing.
30 (e) Violation.--Any person operating a neighborhood electric
20070S0152B0194 - 5 -
1 vehicle upon a highway or roadway or crossing a highway or
2 roadway in violation of this section shall be subject to the
3 penalties under section 6502 (relating to summary offenses).
4 § 3594. Licensing, financial responsibility, titling and
5 registration.
6 (a) General rule.--A neighborhood electric vehicle shall be
7 considered a passenger car for the purposes of Part II (relating
8 to title, registration and licensing) and section 4581 (relating
9 to restraint systems).
10 (b) License and financial responsibility.--An operator of a
11 neighborhood electric vehicle must have a valid driver's license
12 and maintain financial responsibility as required by Chs. 15
13 (relating to licensing of drivers) and 17 (relating to financial
14 responsibility).
15 (c) Certificate of title and registration.--A neighborhood
16 electric vehicle shall be properly titled and registered with
17 the department as required by Chs. 11 (relating to certificate
18 of title and security interests) and 13 (relating to
19 registration of vehicles).
20 (d) Possession of information.--The driver's license, the
21 registration certificate of a motor vehicle and an insurance
22 identification card shall be in the possession of the driver or
23 operator at all times when the driver or operator is in charge
24 of a neighborhood electric vehicle on the highways or roadways
25 of this Commonwealth.
26 § 3595. Seating limitation.
27 A neighborhood electric vehicle may not be operated at a time
28 in which the number of passengers exceeds the number of
29 available safety belts in the vehicle.
30 § 3596. Waiver of liability.
20070S0152B0194 - 6 -
1 (a) General rule.--A purchaser of a new neighborhood
2 electric vehicle in this Commonwealth shall execute a waiver and
3 certify that the neighborhood electric vehicle was purchased
4 with full knowledge of the potentially hazardous characteristics
5 of such vehicles as detailed by the manufacturer or the
6 manufacturer's agent or dealer.
7 (b) Manufacturer responsibility.--The waiver shall be
8 prepared by the manufacturer and kept in the possession of the
9 manufacturer and the manufacturer's agent or dealer of
10 neighborhood electric vehicles. An executed copy shall be
11 provided to the purchaser.
12 (c) Signing by purchaser.--The signing of the waiver by the
13 purchaser shall serve to eliminate any liability of the
14 manufacturer and the manufacturer's agent or dealer of
15 neighborhood electric vehicles.
16 Section 3. Section 4703(b) of Title 75 is amended by adding
17 a paragraph to read:
18 § 4703. Operation of vehicle without official certificate of
19 inspection.
20 * * *
21 (b) Exceptions.--Subsection (a) does not apply to:
22 * * *
23 (14) A neighborhood electric vehicle.
24 * * *
25 Section 4. This act shall take effect in 180 days.
L8L75DMS/20070S0152B0194 - 7 -