1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in preliminary provisions, further providing for
3definitions; in rules of the road in general, providing for
4solid waste collection vehicles; in miscellaneous provisions,
5further providing for the offense of homicide by vehicle; and
6for the offense of aggravated assault by vehicle; and in
7lighting equipment, further providing for use and display of
8illuminated signs.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 102 of Title 75 of the Pennsylvania
12Consolidated Statutes is amended by adding a definition to read:

13§ 102. Definitions.

14Subject to additional definitions contained in subsequent
15provisions of this title which are applicable to specific
16provisions of this title, the following words and phrases when
17used in this title shall have, unless the context clearly
18indicates otherwise, the meanings given to them in this section:

19* * *

20"Solid waste collection vehicle." A vehicle used for the

1curbside collection of municipal solid waste.

2* * *

3Section 2. Title 75 is amended by adding a section to read:

4§ 3329. Solid waste collection vehicles.

5(a) General rule.--Upon approaching and passing a stationary
6solid waste collection vehicle that is giving a visual signal by
7means of flashing, rotating or oscillating lights as required
8under section 4307(d.1) (relating to use and display of
9illuminated signs), the driver of an approaching vehicle shall
10reduce to and maintain a safe speed for weather, road conditions
11and vehicular or pedestrian traffic and proceed with due care
12and caution.

13(b) Penalty.--Any person violating subsection (a) commits a
14summary offense and shall, upon conviction, pay a fine of not
15more than $250.

16(c) Fines to be doubled.--In addition to any penalty as
17provided in subsection (b), the fine for any of the following
18violations committed in an area where sanitation workers are at
19risk from traffic and the operator knows or should know that
20sanitation workers are present shall be double the usual amount:

21Section 3102 (relating to obedience to authorized
22persons directing traffic).

23Section 3111 (relating to obedience to traffic-
24control devices).

25Section 3112 (relating to traffic-control signals).

26Section 3114 (relating to flashing signals).

27Section 3302 (relating to meeting vehicle proceeding
28in opposite direction).

29Section 3303 (relating to overtaking vehicle on the
30left).

1Section 3304 (relating to overtaking vehicle on the
2right).

3Section 3305 (relating to limitations on overtaking
4on the left).

5Section 3306 (relating to limitations on driving on
6left side of roadway).

7Section 3307 (relating to no-passing zones).

8Section 3309 (relating to driving on roadways laned
9for traffic).

10Section 3310 (relating to following too closely).

11Section 3323 (relating to stop signs and yield
12signs).

13Section 3326 (relating to duty of driver in
14construction and maintenance areas).

15Section 3361 (relating to driving vehicle at safe
16speed).

17Section 3362 (relating to maximum speed limits).

18Section 3702 (relating to limitations on backing).

19Section 3714 (relating to careless driving).

20Section 3736 (relating to reckless driving).

21Section 3802 (relating to driving under influence of
22alcohol or controlled substance).

23(d) Reports by solid waste collection workers.--

24(1) A solid waste collection worker observing a
25violation of subsection (a) may prepare a written, signed
26report which indicates that a violation has occurred. To the
27extent possible, the report shall include the following
28information:

29(i) Information pertaining to the identity of the
30alleged violator.

1(ii) The license number and color of the vehicle
2involved in the violation.

3(iii) The time and approximate location at which the
4violation occurred.

5(iv) Identification of the vehicle as an automobile,
6station wagon, motor truck, motor bus, motorcycle or
7other type of vehicle.

8(2) Within 48 hours after the violation occurs, the
9solid waste collection worker shall deliver a copy of the
10report to a police officer having authority to exercise
11police power in the area where the violation occurred. If the
12police officer believes that the report established a
13sufficient basis for the issuance of a citation, the officer
14shall file a citation and a copy of the report with the
15issuing authority. If the issuing authority determines that
16the report and citation establish a sufficient basis for the
17issuance of a summons, a summons shall be issued in
18accordance with general rules governing the institution of
19proceedings in summary traffic offense cases. The issuing
20authority shall send the defendant a copy of the citation,
21together with a statement that it was filed by the police
22officer named in the citation on the basis of information
23received.

24(3) A person may institute a proceeding pursuant to this
25subsection or in accordance with any means authorized by the
26Pennsylvania Rules of Criminal Procedure.

27Section 3. Sections 3732(b) and 3732.1(b) of Title 75 are
28amended to read:

29§ 3732. Homicide by vehicle.

30* * *

1(b) Sentencing--

2(1) In addition to any other penalty provided by law, a
3person convicted of a violation of subsection (a) may be
4sentenced to an additional term not to exceed five years'
5confinement if at trial the prosecution proves beyond a
6reasonable doubt that the offense occurred in an active work
7zone.

8(1.1) In addition to any other penalty provided by law,
9a person convicted of a violation of subsection (a) as the
10result of a violation of section 3325 (relating to duty of
11driver on approach of emergency vehicle) [or], 3327 (relating
12to duty of driver in emergency response areas) or 3329(a) 
13(relating to solid waste collection vehicles) and who is 
14convicted of violating section 3325 [or], 3327 or 3329(a) may
15be sentenced to an additional term not to exceed five years'
16confinement when the violation resulted in death.

17(2) The prosecution must indicate intent to proceed
18under this section in the indictment or information which
19commences the prosecution.

20(3) The Pennsylvania Commission on Sentencing, pursuant
21to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for
22sentencing), shall provide for a sentencing enhancement for
23an offense under this section when the violation occurred in
24an active work zone or was the result of a violation of
25section 3325 [or], 3327 or 3329(a).

26§ 3732.1. Aggravated assault by vehicle.

27* * *

28(b) Sentencing.--

29(1) In addition to any other penalty provided by law, a
30person convicted of a violation of subsection (a) may be

1sentenced to an additional term not to exceed two years'
2confinement if at trial the prosecution proves beyond a
3reasonable doubt that the offense occurred in an active work
4zone.

5(2) In addition to any other penalty provided by law, a 
6person convicted of a violation of subsection (a) as the 
7result of a violation of section 3325 (relating to duty of 
8driver on approach of emergency vehicle) [or], 3327 (relating 
9to duty of driver in emergency response areas) or 3329(a) 
10(relating to solid waste collection vehicles) and who is 
11convicted of violating section 3325 [or], 3327 or 3329(a) may 
12be sentenced to an additional term not to exceed two years' 
13confinement when the violation resulted in serious bodily 
14injury.

15(3) The prosecution must indicated intent to proceed
16under this section in the indictment or information which
17commences the prosecution.

18(4) The Pennsylvania Commission on Sentencing, under 42 
19Pa.C.S. § 2154 (relating to adoption of guidelines for 
20sentencing), shall provide for a sentencing enhancement for 
21an offense under this section when the violation occurred in
22an active work zone or was the result of a violation of 
23section 3325 [or], 3327 or 3329(a).

24Section 4. Section 4307 of Title 75 is amended by adding a
25subsection to read:

26§ 4307. Use and display of illuminated signs.

27* * *

28(d.1) Solid waste collection vehicle.--A solid waste
29collection vehicle shall be equipped with flashing, rotating or
30oscillating lights that can be seen by traffic moving in both

1directions.

2* * *

3Section 5. This act shall take effect in 60 days.