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| PRIOR PRINTER'S NOS. 291, 1208, 1287 | PRINTER'S NO. 1295 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY TOMLINSON, McILHINNEY, ALLOWAY, WAUGH, ERICKSON, FONTANA, BOSCOLA, STACK, EARLL, RAFFERTY, WILLIAMS, M. WHITE, LEACH, CORMAN, MENSCH, YUDICHAK, BREWSTER, PILEGGI, WASHINGTON AND GREENLEAF, JANUARY 28, 2011 |
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| AS AMENDED ON THIRD CONSIDERATION, JUNE 7, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, defining "interactive wireless communications |
3 | device"; further providing for junior driver's license and |
4 | for suspension of operating privilege; providing for |
5 | prohibiting use of interactive wireless communications |
6 | devices while operating motor vehicles; and further providing |
7 | for duty of driver in construction and maintenance areas or |
8 | on highway safety corridors, for duty of driver in emergency |
9 | response areas, for accident report forms, for department to |
10 | compile, tabulate and analyze accident reports, for |
11 | television equipment and for restraint systems. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | declares that the part of this act that limits the number of |
14 | passengers a junior driver may transport in a motor vehicle at |
15 | one time may be referred to as Lacey's Law in honor of Lacey |
16 | Gallagher. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. Section 102 of Title 75 of the Pennsylvania |
20 | Consolidated Statutes is amended by adding a definition to read: |
21 | § 102. Definitions. |
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1 | Subject to additional definitions contained in subsequent |
2 | provisions of this title which are applicable to specific |
3 | provisions of this title, the following words and phrases when |
4 | used in this title shall have, unless the context clearly |
5 | indicates otherwise, the meanings given to them in this section: |
6 | * * * |
7 | "Interactive wireless communications device." A wireless |
8 | telephone, personal digital assistant, smart phone, portable or |
9 | mobile computer or similar device which can be used for voice |
10 | communication, texting, e-mailing, browsing the Internet or |
11 | instant messaging. The term does not include any of the |
12 | following: |
13 | (1) a device being used exclusively as a global |
14 | positioning or navigation system; |
15 | (2) a system or device that is physically or |
16 | electronically integrated into the vehicle; or |
17 | (3) a communications device that is affixed to a mass |
18 | transit vehicle, bus or school bus. |
19 | * * * |
20 | Section 2. Sections 1503(c) and 1538(e) of Title 75 are |
21 | amended to read: |
22 | § 1503. Persons ineligible for licensing; license issuance to |
23 | minors; junior driver's license. |
24 | * * * |
25 | (c) Junior driver's license.--The department may issue a |
26 | junior driver's license to a person 16 or 17 years of age under |
27 | rules and regulations adopted by the department and subject to |
28 | the provisions of this section. A junior driver's license shall |
29 | automatically become a regular driver's license when the junior |
30 | driver attains 18 years of age. |
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1 | (1) Except as provided in paragraph (2), no licensed |
2 | junior driver shall drive a vehicle upon a public highway |
3 | between 11 p.m. and 5 a.m. unless accompanied by a spouse 18 |
4 | years of age or older, a parent or a person in loco parentis. |
5 | (2) A licensed junior driver conforming to the |
6 | requirements of section 1507 (relating to application for |
7 | driver's license or learner's permit by minor) may drive a |
8 | vehicle upon a public highway between 11 p.m. and 5 a.m. |
9 | between the junior driver's home and activity or employment |
10 | or in the course of the junior driver's activity or |
11 | employment if the junior driver is a member of a volunteer |
12 | fire company authorized by the fire chief to engage in |
13 | fighting fires, is engaged in public or charitable service or |
14 | is employed and is carrying an affidavit or certificate of |
15 | authorization signed by the junior driver's fire chief, |
16 | supervisor or employer indicating the probable schedule of |
17 | the junior driver's activities. Upon termination of the |
18 | junior driver's activity or employment, the junior driver |
19 | shall surrender the affidavit or certificate to the fire |
20 | chief, supervisor or employer. If the junior driver shall |
21 | fail to surrender the affidavit or certificate, the employer, |
22 | fire chief or supervisor shall immediately notify the |
23 | Pennsylvania State Police. |
24 | (2.1) For the first six months after issuance of the |
25 | junior driver's license, a junior driver shall not drive a |
26 | vehicle with more than one passenger under 18 years of age |
27 | who is not a member of the driver's immediate family unless |
28 | the junior driver is accompanied by a parent or legal |
29 | guardian. After the expiration of the first six months, a |
30 | junior driver shall not drive a vehicle with more than three |
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1 | passengers under 18 years of age who are not members of the |
2 | driver's immediate family unless the junior driver is |
3 | accompanied by a parent or legal guardian. A junior driver |
4 | shall not drive a vehicle with more than one passenger under |
5 | 18 years of age who is not a member of the driver's immediate |
6 | family unless the junior driver is accompanied by a parent or |
7 | legal guardian if the junior driver has been involved in an |
8 | accident reportable under section 3746(a) (relating to |
9 | immediate notice of accident to police department) for which |
10 | the junior driver is partially or fully responsible in the |
11 | opinion of the department or has been convicted of any |
12 | violation of this title. For purposes of this subsection, a |
13 | junior driver's immediate family shall include brothers, |
14 | sisters, stepbrothers or stepsisters of the driver, including |
15 | adopted or foster children residing in the same household as |
16 | the junior driver. |
17 | (3) In addition to the other provisions of this title |
18 | relating to the suspension or revocation of operating |
19 | privileges, in the event that a licensed junior driver is |
20 | involved in an accident reportable under section 3746(a) for |
21 | which the junior driver is partially or fully responsible in |
22 | the opinion of the department or is convicted of any |
23 | violation of this title, the department may suspend the |
24 | operating privileges of the junior driver until the junior |
25 | driver attains 18 years of age or for a period of time not |
26 | exceeding 90 days. |
27 | (4) Any junior driver or other person violating any |
28 | provision of this subsection is guilty of a summary offense. |
29 | § 1538. School, examination or hearing on accumulation of |
30 | points or excessive speeding. |
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1 | * * * |
2 | (e) Additional suspension of operating privilege.-- |
3 | (1) In addition to any other provisions of law relating |
4 | to the suspension or revocation of operating privileges, a |
5 | person's operating privileges shall be suspended under any of |
6 | the following circumstances: |
7 | (i) Prior to reaching age 18, the person violates |
8 | section 3362 (relating to maximum speed limits) by |
9 | traveling 26 miles per hour or more over the posted speed |
10 | limit and the violation results in a conviction, guilty |
11 | plea or plea of no contest before or after the person |
12 | reaches age 18. |
13 | (ii) The person accumulates six or more points under |
14 | the provisions of section 1535 (relating to schedule of |
15 | convictions and points) and the violations resulting in |
16 | points accumulation were committed before the person |
17 | reached age 18. |
18 | (2) The first suspension under paragraph (1) shall be |
19 | for a period of 90 days with every subsequent suspension |
20 | under paragraph (1) to be for a period of 120 days. |
21 | Suspensions under paragraph (1) shall be imposed |
22 | consecutively to each other and to any other suspension. A |
23 | suspension under paragraph (1) shall be considered a |
24 | subsequent suspension even if it is imposed contemporaneously |
25 | with a first suspension imposed under paragraph (1). A |
26 | suspension under this paragraph shall be in lieu of a |
27 | suspension under subsection (d)(1). |
28 | (3) An insurer shall treat a suspension of a person |
29 | under this subsection the same as a person over 18 years of |
30 | age for a similar violation for the purpose of automobile |
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1 | insurance and may not increase premiums, impose any surcharge |
2 | or rate penalty or make any driver record point assignment |
3 | for automobile insurance in a manner different from that of a |
4 | person over 18 years of age. |
5 | Section 3. Title 75 is amended by adding a section to read: |
6 | § 3316. Prohibiting use of interactive wireless communications |
7 | devices. |
8 | (a) Prohibition.-- |
9 | (1) Except as otherwise provided under subsection (b), |
10 | no person shall drive a motor vehicle upon a roadway or |
11 | trafficway in this Commonwealth while using an interactive |
12 | wireless communications device for a purpose other than: |
13 | (i) voice communication through the use of an |
14 | interactive wireless communications device while in |
15 | hands-free mode; |
16 | (ii) reading, selecting or entering a telephone |
17 | number or name into an interactive wireless |
18 | communications device for the purpose of voice |
19 | communication while in hands-free mode; or |
20 | (iii) activating or deactivating an interactive |
21 | wireless communications device for the purpose of voice |
22 | communication while in hands-free mode. |
23 | (2) No person with a learner's permit or junior driver's |
24 | license shall drive a motor vehicle upon a roadway or |
25 | trafficway in this Commonwealth while using an interactive |
26 | wireless communications device. |
27 | (3) A conviction or detainment under this subsection by |
28 | State or local law enforcement agencies for using an | <-- |
29 | interactive wireless communications device for voice |
30 | communication shall occur only as a secondary action when a |
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1 | driver of a motor vehicle has been detained or convicted of |
2 | any other provision of this title. |
3 | (4) State and local law enforcement agencies shall | <-- |
4 | enforce the use of an interactive wireless communications |
5 | device for texting, e-mailing, browsing the Internet or |
6 | instant messaging as a primary action. |
7 | (b) Exceptions.--This section shall not apply to: |
8 | (1) Persons who use an interactive wireless |
9 | communications device to contact a 511 service or 911 system |
10 | or wireless E-911 service, as defined in the act of July 9, |
11 | 1990 (P.L.340, No.78), known as the Public Safety Emergency |
12 | Telephone Act. |
13 | (2) Persons who use an interactive wireless |
14 | communications device when the vehicle is stopped due to |
15 | traffic obstruction and the motor vehicle transmission is in |
16 | neutral or park. |
17 | (3) Operators of emergency vehicles who use an |
18 | interactive wireless communications device for voice |
19 | communication for the purpose of responding to an emergency |
20 | while engaged in the performance of their official duties. |
21 | (4) Volunteer emergency responders who use an |
22 | interactive wireless communications device for voice |
23 | communication for the purpose of responding to an emergency |
24 | while engaged in the performance of their official duties. |
25 | (5) Amateur radio operators who use an interactive |
26 | wireless communications device for voice communication. |
27 | (6) Coroners or deputy coroners who use an interactive |
28 | wireless communications device for voice communication while |
29 | engaged in the performance of their official duties. |
30 | (c) Seizure.--The provisions of this section shall not be |
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1 | construed as authorizing the seizure or forfeiture of an |
2 | interactive wireless communications device, unless otherwise |
3 | provided by law. |
4 | (d) Penalty.--Any person who violates subsection (a)(1) and |
5 | (2) commits a summary offense and shall, upon conviction, be |
6 | sentenced to pay a fine of $100. A violation of subsection (a) |
7 | (1) and (2) shall not result in the accumulation of points under |
8 | this title. |
9 | (e) Definitions.--As used in this section, the following |
10 | words and phrases shall have the meanings given to them in this |
11 | subsection: |
12 | "Hands-free mode." The use of an interactive wireless |
13 | communications device that allows the user to engage in |
14 | communication without the use of either hand by means of an |
15 | internal feature or function or an attachment or device. |
16 | "Volunteer emergency responder." Any of the following: |
17 | (1) a member of a volunteer ambulance service as defined |
18 | in 35 Pa.C.S. § 7802 (relating to definitions); |
19 | (2) a member of a volunteer fire company as defined in |
20 | 35 Pa.C.S. § 7802; or |
21 | (3) a member of a volunteer rescue company as defined in |
22 | 35 Pa.C.S. § 7802. |
23 | Section 4. Sections 3326(c), 3327(e) and 3752(a) of Title 75 |
24 | are amended to read: |
25 | § 3326. Duty of driver in construction and maintenance areas or |
26 | on highway safety corridors. |
27 | * * * |
28 | (c) Fines to be doubled.--For any of the following |
29 | violations, when committed in an active work zone manned by |
30 | workers acting in their official capacity or on a highway safety |
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1 | corridor designated under section 6105.1 (relating to |
2 | designation of highway safety corridors), the fine shall be |
3 | double the usual amount: |
4 | Section 3102 (relating to obedience to authorized persons |
5 | directing traffic). |
6 | Section 3111 (relating to obedience to traffic-control |
7 | devices). |
8 | Section 3112 (relating to traffic-control signals). |
9 | Section 3114 (relating to flashing signals). |
10 | Section 3302 (relating to meeting vehicle proceeding in |
11 | opposite direction). |
12 | Section 3303 (relating to overtaking vehicle on the left). |
13 | Section 3304 (relating to overtaking vehicle on the right). |
14 | Section 3305 (relating to limitations on overtaking on the |
15 | left). |
16 | Section 3306 (relating to limitations on driving on left side |
17 | of roadway). |
18 | Section 3307 (relating to no-passing zones). |
19 | Section 3309 (relating to driving on roadways laned for |
20 | traffic). |
21 | Section 3310 (relating to following too closely). |
22 | Section 3316 (relating to prohibiting interactive wireless |
23 | communications devices). |
24 | Section 3323 (relating to stop signs and yield signs). |
25 | Section 3326 (relating to duty of driver in construction and |
26 | maintenance areas or on highway safety corridors). |
27 | Section 3361 (relating to driving vehicle at safe speed). |
28 | Section 3362 (relating to maximum speed limits). |
29 | Section 3702 (relating to limitations on backing). |
30 | Section 3714 (relating to careless driving). |
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1 | Section 3736 (relating to reckless driving). |
2 | Section 3802 (relating to driving under influence of alcohol |
3 | or controlled substance). |
4 | * * * |
5 | § 3327. Duty of driver in emergency response areas. |
6 | * * * |
7 | (e) Fines to be doubled.--In addition to any penalty as |
8 | provided in subsection (b), the fine for any of the following |
9 | violations when committed in an emergency response area manned |
10 | by emergency service responders shall be double the usual |
11 | amount: |
12 | Section 3102 (relating to obedience to authorized persons |
13 | directing traffic). |
14 | Section 3111 (relating to obedience to traffic-control |
15 | devices). |
16 | Section 3114 (relating to flashing signals). |
17 | Section 3302 (relating to meeting vehicle proceeding in |
18 | opposite direction). |
19 | Section 3303 (relating to overtaking vehicle on the left). |
20 | Section 3304 (relating to overtaking vehicle on the right). |
21 | Section 3305 (relating to limitations on overtaking on the |
22 | left). |
23 | Section 3306 (relating to limitations on driving on left side |
24 | of roadway). |
25 | Section 3307 (relating to no-passing zones). |
26 | Section 3310 (relating to following too closely). |
27 | Section 3312 (relating to limited access highway entrances |
28 | and exits). |
29 | Section 3316 (relating to prohibiting interactive wireless |
30 | communications devices). |
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1 | Section 3323 (relating to stop signs and yield signs). |
2 | Section 3325 (relating to duty of driver on approach of |
3 | emergency vehicle). |
4 | Section 3361 (relating to driving vehicle at safe speed). |
5 | Section 3707 (relating to driving or stopping close to fire |
6 | apparatus). |
7 | Section 3710 (relating to stopping at intersection or |
8 | crossing to prevent obstruction). |
9 | Section 3714 (relating to careless driving). |
10 | Section 3736 (relating to reckless driving). |
11 | Section 3802 (relating to driving under influence of alcohol |
12 | or controlled substance). |
13 | * * * |
14 | § 3752. Accident report forms. |
15 | (a) Form and content.--The department shall prepare and upon |
16 | request supply to all law enforcement agencies and other |
17 | appropriate agencies or individuals, forms for written accident |
18 | reports as required in this subchapter suitable with respect to |
19 | the persons required to make the reports and the purposes to be |
20 | served. The written report forms shall call for sufficiently |
21 | detailed information to disclose with reference to a vehicle |
22 | accident the cause, conditions then existing and the persons and |
23 | vehicles involved[.], including whether the driver of the |
24 | vehicle was using an interactive wireless communications device |
25 | when the accident occurred, and such other information as the |
26 | department may require. Reports for use by the drivers and |
27 | owners shall also provide for information relating to financial |
28 | responsibility. |
29 | * * * |
30 | Section 5. Section 3753 of Title 75 is amended by adding a |
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1 | subsection to read: |
2 | § 3753. Department to compile, tabulate and analyze accident |
3 | reports. |
4 | * * * |
5 | (b.1) Certain reports.--The department shall annually |
6 | compile and make available to the public information submitted |
7 | on an accident report concerning interactive wireless |
8 | communications devices in motor vehicles involved in traffic |
9 | accidents. The report shall note whether the driver of the motor |
10 | vehicle was using an interactive wireless communications device |
11 | when the accident occurred. The department shall biannually |
12 | compile and make available to the public information submitted |
13 | on an accident report concerning junior drivers with multiple |
14 | passengers under 18 years of age and the use of seat belts by |
15 | drivers and passengers under 18 years of age in motor vehicles |
16 | involved in traffic accidents. The report shall note the number |
17 | of passengers under 18 years of age if the driver involved in |
18 | the accident was a junior driver and whether drivers and |
19 | passengers under 18 years of age utilized a safety belt system. |
20 | The data shall be included in a report submitted to the |
21 | Transportation Committee of the Senate and the Transportation |
22 | Committee of the House of Representatives. |
23 | * * * |
24 | Section 6. Sections 4527 and 4581(a) and (b) of Title 75 are |
25 | amended to read: |
26 | § 4527. [Television] Video receiving equipment. |
27 | (a) General rule.--[No] Except as provided in subsection |
28 | (b), no person shall drive a motor vehicle [operated on a |
29 | highway shall be] equipped with [television-type] any image |
30 | display device, video receiving equipment, including a receiver, |
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1 | a video monitor or a television or video screen capable of |
2 | displaying a television broadcast or video signal that produces |
3 | entertainment or business applications or similar equipment |
4 | which is located in the motor vehicle at any point forward of |
5 | the back of the driver's seat [or otherwise], or which is |
6 | visible, directly or indirectly, to the driver while operating |
7 | the motor vehicle. |
8 | (a.1) Except as provided in subsection (b), no person may |
9 | install in a motor vehicle an image display device intended to |
10 | be visible to a driver in the normal driving position when the |
11 | vehicle is in motion and when restrained by the safety seat belt |
12 | system adjusted in accordance with the manufacturer's |
13 | recommendations. |
14 | (b) Exception.--This section shall not apply to the |
15 | following: |
16 | (1) [Television-type receiving equipment] Image display |
17 | devices in a vehicle used exclusively for safety or law |
18 | enforcement purposes as approved by the Pennsylvania State |
19 | Police. |
20 | (2) [Electronic displays] Image display devices used in |
21 | conjunction with in-vehicle navigation systems, related |
22 | traffic, road and weather information. |
23 | (3) Image display devices that provide vehicle |
24 | information related to the driving task or to enhance or |
25 | supplement the driver's view forward, behind or to the sides |
26 | of the motor vehicle or permit the driver to monitor vehicle |
27 | occupants behind the driver. |
28 | (4) Image display devices that do not display images to |
29 | the driver while the vehicle is in motion. |
30 | (5) Image display devices which display an image while a |
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1 | vehicle is parked. |
2 | (c) Definitions.--As used in this section, the term "image |
3 | display device" means equipment capable of displaying to the |
4 | driver of the motor vehicle: |
5 | (1) a broadcast television image; or |
6 | (2) a visual image, other than text, from a digital |
7 | video disc or other storage device. |
8 | § 4581. Restraint systems. |
9 | (a) Occupant protection.-- |
10 | (1) Any person who is operating a passenger car, Class I |
11 | truck, Class II truck, classic motor vehicle, antique motor |
12 | vehicle or motor home and who transports a child under four |
13 | years of age anywhere in the motor vehicle, including the |
14 | cargo area, shall fasten such child securely in a child |
15 | passenger restraint system, as defined in subsection (d). |
16 | This subsection shall apply to all persons while they are |
17 | operators of motor vehicles where a seating position is |
18 | available which is equipped with a seat safety belt or other |
19 | means to secure the systems or where the seating position was |
20 | originally equipped with seat safety belts. |
21 | (1.1) Any person who is operating a passenger car, Class |
22 | I truck, Class II truck, classic motor vehicle, antique motor |
23 | vehicle or motor home and who transports a child four years |
24 | of age or older but under eight years of age anywhere in the |
25 | motor vehicle, including the cargo area, shall fasten such |
26 | child securely in a fastened safety seat belt system and in |
27 | an appropriately fitting child booster seat, as defined in |
28 | subsection (d). This paragraph shall apply to all persons |
29 | while they are operators of motor vehicles where a seating |
30 | position is available which is equipped with a seat safety |
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1 | belt or other means to secure the systems or where the |
2 | seating position was originally equipped with seat safety |
3 | belts. [A conviction under this paragraph by State or local |
4 | law enforcement agencies shall occur only as a secondary |
5 | action when a driver of a motor vehicle has been convicted of |
6 | violating any other provision of this title.] |
7 | (2) [Except for children under eight years of age and |
8 | except as provided in paragraphs (1) and (1.1), each] |
9 | (i) The driver [and front seat occupant] of a |
10 | passenger car, Class I truck, Class II truck or motor |
11 | home operated in this Commonwealth shall [wear] secure or |
12 | cause to be secured in a properly adjusted and fastened |
13 | safety seat belt system for the driver, if under 18 years |
14 | of age, and every vehicle occupant eight years of age or |
15 | older but under 18 years of age. [A conviction under this |
16 | paragraph by State or local law enforcement agencies |
17 | shall occur only as a secondary action when a driver of a |
18 | motor vehicle has been convicted of any other provision |
19 | of this title. The driver of a passenger automobile shall |
20 | secure or cause to be secured in a properly adjusted and |
21 | fastened safety seat belt system any occupant who is |
22 | eight years of age or older and less than 18 years of |
23 | age.] |
24 | (ii) Except for children under 18 years of age and |
25 | except as provided in paragraphs (1) and (1.1) and |
26 | subparagraph (i), each driver and front seat occupant of |
27 | a passenger car, Class I truck, Class II truck, classic |
28 | motor vehicle, antique motor vehicle or motor home |
29 | operated in this Commonwealth shall wear a properly |
30 | adjusted and fastened safety seat belt system. |
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1 | (iii) This paragraph shall not apply to: |
2 | [(i)] (A) A driver or front seat occupant of any |
3 | vehicle manufactured before July 1, 1966. |
4 | [(ii)] (B) A driver or front seat occupant who |
5 | possesses a written verification from a physician |
6 | that he is unable to wear a safety seat belt system |
7 | for physical or medical reasons, or from a |
8 | psychiatrist or other specialist qualified to make an |
9 | informed judgment that he is unable to wear a safety |
10 | seat belt system for psychological reasons. |
11 | [(iii)] (C) A rural letter carrier while |
12 | operating any motor vehicle during the performance of |
13 | his duties as a United States postal service rural |
14 | letter carrier only between the first and last |
15 | delivery points. |
16 | [(iv)] (D) A driver who makes frequent stops and |
17 | is traveling less than 15 miles per hour for the |
18 | purpose of delivering goods or services while in the |
19 | performance of his duties and only between the first |
20 | and last delivery points. |
21 | A violation of this paragraph shall not be subject to the |
22 | assessment of any points under section 1535 (relating to |
23 | schedule of convictions and points). |
24 | (3) A driver who is under 18 years of age may not |
25 | operate a motor vehicle in which the number of passengers |
26 | exceeds the number of available safety seat belts in the |
27 | vehicle. |
28 | (b) Offense.--Anyone who fails to comply with the provisions |
29 | of subsection (a)(1) or (1.1) shall be guilty of a summary |
30 | offense with a maximum fine of $100. The court imposing and |
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1 | collecting any such fines shall transfer the fines thus |
2 | collected to the State Treasurer for deposit in the Child |
3 | Passenger Restraint Fund, pursuant to section 4582 (relating to |
4 | Child Passenger Restraint Fund). Anyone who violates subsection |
5 | (a)(2) or (3) commits a summary offense and shall, upon |
6 | conviction, be sentenced to pay a fine of $10. No person shall |
7 | be convicted of a violation of subsection (a)(2)(ii) unless the |
8 | person is also convicted of another violation of this title |
9 | which occurred at the same time. No costs as described in 42 |
10 | Pa.C.S. § 1725.1 (relating to costs) shall be imposed for |
11 | summary conviction of subsection (a)(2) or (3). Conviction under |
12 | this subsection shall not constitute a moving violation. |
13 | * * * |
14 | Section 7. This act shall take effect in 60 days. |
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