THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GORDNER, BAKER, FOLMER, TARTAGLIONE, FERLO, KASUNIC, WOZNIAK, MUSTO, ALLOWAY AND O'PAKE, FEBRUARY 19, 2009

REFERRED TO TRANSPORTATION, FEBRUARY 19, 2009  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in snowmobiles and all-terrain vehicles, further

providing for operation on State or private property and for

penalties for violation of chapter.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 7724 and 7752 of Title 75 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 7724.  Operation on private or State property.

(a)  Private real property.--

(1)  No person shall operate a snowmobile or an ATV on

private real property without the consent of the owner

thereof. Any person operating a snowmobile or an ATV upon

lands of another shall stop and identify himself upon the

request of the landowner or his duly authorized

representatives and, if requested to do so by the landowner,

shall promptly remove the snowmobile or ATV from the

premises.

[(2)  When a person operates a snowmobile or an ATV in a

manner as to violate section 3717 (relating to trespass by

motor vehicle), the applicable fines, penalties and

suspensions provided in this title for violation of section

3717 shall apply to this subsection.]

(2.1)  (i)  No person shall knowingly or recklessly cause

damage to any real or personal property by means of the

unauthorized operation of an ATV or snowmobile on private

real property.

(ii)  There shall be a rebuttable presumption that a

person has knowingly or recklessly caused damage under

this paragraph where digging, ground breakage or other

damage to land, sod or soil or damage to trees, growing

crops, ornamental flowers or shrubs or other similar

flora affixed to the land or to structures, fixtures or

personal property affixed to or located on the private

real property has resulted from the operation of an ATV

or snowmobile on the private real property.

(2.2)  (i)  No person shall knowingly operate an ATV or

snowmobile on cultivated agricultural land of another

without the consent of the owner or lessor.

(ii)  There shall be a rebuttable presumption that a

person has knowingly operated a motor vehicle on

cultivated agricultural land if there are agricultural

crops or residue from the crops visible on the land or if

the owner or lessor of the land has placed near the

roadside boundaries of the property visible signs which

would easily convey to the operator of an ATV or

snowmobile that the land is cultivated agricultural land

and that operation of a motor vehicle on it is

prohibited.

(iii)  For purposes of this paragraph, the term

"cultivated agricultural land" includes land which is or

has been recently groomed or prepared for the purpose of

present or future commercial or private agricultural,

silvicultural, horticultural or floricultural production,

whether or not the land is currently in seed or

sustaining growing crops.

(b)  State property.--

(1)  No person shall operate a snowmobile or an ATV on

State-owned property except on clearly marked and previously

designated snowmobile or ATV routes or as expressly permitted

by the Commonwealth.

(2)  (i)  The department may designate any road within a

State Park or State Forest over which the department has

jurisdiction as a snowmobile road or an ATV road, or

both, and may, in its discretion, determine whether the

road shall be closed to vehicular traffic or whether

snowmobiles and ATV's may share the designated road with

vehicular traffic. Adequate notices of such designation

and determination shall be sufficiently and prominently

displayed.

(ii)  No person shall operate a snowmobile or ATV on

State park or State forest land except as follows:

(A)  A person may operate a snowmobile on a road,

trail or area that is designated and marked by the

department as open for snowmobile use or on which the

person has been given specific written permission to

operate the snowmobile.

(B)  A person may operate a Class I ATV on a

road, trail or area that is designated and marked by

the department as open for ATV use or on which the

person has been given specific written permission to

operate the ATV.

(C)  A person may operate a Class II ATV on a

road, trail or area if the person has been given

specific written permission by the department to

operate a Class II ATV on the road, trail or area.

(c)  Restitution.--In addition to penalties provided under

section 7752 (relating to penalties for violation of chapter),

any person convicted of a violation of this section shall be

responsible for restitution for the value of damage to real or

personal property which results from the violation of this

section.

§ 7752.  Penalties for violation of chapter.

(a)  General rule.--Except as provided in subsections (c)

[and (d)], (d), (e) and (f) and unless otherwise provided in

this chapter, a person who violates this chapter commits a

summary offense and shall, upon conviction:

(1)  For a first offense, be sentenced to pay a fine of

not less than [$50] $75 nor more than [$200] $300 and costs

of prosecution and, in default of the payment of the fine or

costs, shall be imprisoned for not more than ten days.

(2)  For a subsequent offense, be sentenced to pay a fine

of not less than [$100] $300 nor more than [$300] $1,000 and

costs of prosecution and, in default of the payment of the

fine or costs, shall be imprisoned for not more than 30 days.

(c)  Unauthorized disposition of forms.--A person who

disposes of a summons or complaint issued pursuant to this

chapter in a manner other than that prescribed by law, rule or

regulation commits a misdemeanor of the third degree.

(d) Registration.--

(1)  A person who violates section 7711.1 (relating to

registration of snowmobile or ATV) or 7711.2 (relating to

limited registration of snowmobile or ATV) by failing to

obtain the required registration certificate or limited

registration certificate commits a summary offense and shall,

upon conviction, be sentenced to pay a fine of $300 or to be

imprisoned for 90 days, or both, and costs of prosecution.

Proceedings for a summary offense under this paragraph must

be commenced within 60 days after commission of the alleged

offense or within 60 days after discovery of the commission

of the offense or the identity of the offender, whichever is

later.

(2)  A person who violates section 7711.1 or 7711.2 by

failing to properly display the required registration decal

or plate commits a summary offense and shall, upon

conviction, be sentenced to pay a fine of $50 and costs of

prosecution.

(3)  A person who violates section 7711.1 by failing to

properly display the required expiration sticker or by

failing to carry the required registration certificate

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $50 and costs of prosecution.

(e)  Trespass and property damage.--A person who violates

section 7724 (relating to operation on private or State

property) commits a summary offense and shall, upon conviction:

(1)  For a first offense, be sentenced to pay a fine of

not less than $250 nor more than $500 and costs of

prosecution and, in default of the payment of the fine or

costs, shall be imprisoned for not more than ten days.

(2)  For a subsequent offense, be sentenced to pay a fine

of not less than $500 nor more than $1,000 and costs of

prosecution and, in default of the payment of the fine or

costs, shall be imprisoned for not more than 30 days.

(f)  Operation in a safe manner.--A person who violates

section 7726 (relating to operation in safe manner) commits a

summary offense and shall, upon conviction:

(1)  For a first offense, be sentenced to pay a fine of

not less than $250 nor more than $500 and costs of

prosecution and, in default of the payment of the fine or

costs, shall be imprisoned for not more than ten days.

(2)  For a subsequent offense, be sentenced to pay a fine

of not less than $500 nor more than $1,000 and costs of

prosecution and, in default of the payment of the fine or

costs, shall be imprisoned for not more than 30 days.

(3)  For any violation of section 7726(a)(3), be

sentenced to pay a fine of not less than $1,000 and cost of

prosecution and in default of the payment of the fine or

costs shall be imprisoned for not more than 30 days.

Section 2.  This act shall take effect in 60 days.