AN ACT

 

1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in preliminary provisions, further providing for
3definitions; in special vehicles and pedestrians, providing
4for regulation and operation of neighborhood electric
5vehicles; and, in inspection of vehicles, further providing
6for operation of vehicle without official certificate of
7inspection.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 102 of Title 75 of the Pennsylvania
11Consolidated Statutes is amended by adding a definition to read:

12§ 102. Definitions.

13Subject to additional definitions contained in subsequent
14provisions of this title which are applicable to specific
15provisions of this title, the following words and phrases when
16used in this title shall have, unless the context clearly
17indicates otherwise, the meanings given to them in this section:

18* * *

19"Neighborhood electric vehicle." A four-wheeled electric 
20vehicle that has a maximum design speed of not less than 20 

1miles per hour and of not more than 25 miles per hour and that 
2is certified by the manufacturer to comply with the Federal 
3motor vehicle safety standards established in 49 CFR § 571.500 
4(relating to Standard No. 500; Low-speed vehicles).

5* * *

6Section 2. Chapter 35 of Title 75 is amended by adding a
7subchapter to read:

8SUBCHAPTER F

9OPERATION OF NEIGHBORHOOD ELECTRIC VEHICLES

10Sec.

113591. Scope of subchapter.

123592. Required equipment.

133593. Operation on certain highways or roadways.

143594. Same treatment as passenger cars.

153595. Seating limitation.

163596. Waiver of liability.

17§ 3591. Scope of subchapter.

18This subchapter applies to the operation of neighborhood
19electric vehicles on certain highways or roadways in this
20Commonwealth.

21§ 3592. Required equipment.

22(a) General rule.--A neighborhood electric vehicle operated
23upon any highway or roadway in this Commonwealth shall be
24maintained in proper condition and comply with the equipment
25requirements and standards as set forth in 49 CFR § 571.500
26(relating to Standard No. 500; Low-speed vehicles). A
27neighborhood electric vehicle operated upon any highway or
28roadway in this Commonwealth shall be equipped with the
29following additional equipment:

30(1) Brakes adequate to control the movement of and to

1stop such vehicle.

2(2) An odometer.

3(3) A speedometer.

4(4) The original manufacturer's vehicle identification
5number die stamped upon the body or frame, or both, of the
6vehicle or the original manufacturer's vehicle identification
7number die stamped upon the engine or motor of the vehicle.

8(5) A windshield wiper.

9(6) A horn.

10(7) A battery charge indicator.

11(b) Exemption.--A neighborhood electric vehicle shall be
12exempt from equipment requirements not enumerated in this
13subchapter.

14(c) 25 MPH vehicle decal.--A neighborhood electric vehicle 
15shall have a safety information decal as provided by the 
16manufacturer affixed in a conspicuous place on the rear of the 
17vehicle which shall display in prominent lettering "25 MPH 
18Vehicle." The decal shall be at least 4 inches in height by 10 
19inches in length.

20(d) Penalties.--Any person who operates a neighborhood
21electric vehicle without the equipment prescribed in this
22section shall be subject to the penalties under section 6502
23(relating to summary offenses).

24§ 3593. Operation on certain highways or roadways.

25(a) Operation on State highways.--

26(1) Except as otherwise provided under paragraphs (2)
27and (3), a neighborhood electric vehicle may not be operated
28upon any highway or roadway under the jurisdiction of the
29department with a posted speed in excess of 25 miles per
30hour.

1(2) The secretary may, by order, permit the use of a
2neighborhood electric vehicle upon any highway or roadway
3under the jurisdiction of the department where the posted
4speed limit is greater than 25 miles per hour but not greater
5than 35 miles per hour.

6(3) The secretary may, by order, prohibit the use of a
7neighborhood electric vehicle on any street under the
8jurisdiction of the department where the secretary determines
9that the operation of a neighborhood electric vehicle would
10constitute a hazard.

11(4) Any order issued by the secretary under paragraph
12(2) or (3) shall be published in the Pennsylvania Bulletin.

13(b) Operation on local roadways.--

14(1) Except as otherwise provided under paragraph (2) or
15(3), a neighborhood electric vehicle may not be operated upon
16any highway or roadway under the jurisdiction of a local
17authority with a posted speed limit in excess of 25 miles per
18hour.

19(2) Local authorities may, by ordinance or resolution,
20as appropriate, in the case of any roadway under their
21jurisdiction, permit the use of a neighborhood electric
22vehicle where the posted speed limit is greater than 25 miles
23per hour but not greater than 35 miles per hour.

24(3) A local authority may, by ordinance or resolution,
25as appropriate, prohibit the use of a neighborhood electric
26vehicle on any roadway where the local authority determines
27that the operation of a neighborhood electric vehicle would
28constitute a hazard.

29(c) Intersection with State highways.--

30(1) A neighborhood electric vehicle may enter an 

1intersection and cross any highway or roadway under the 
2jurisdiction of the department where the posted speed limit 
3is 35 miles per hour or less, provided that, if the highway 
4or roadway is more than two lanes or is divided, such 
5crossing shall only occur at a signalized intersection.

6(2) A neighborhood electric vehicle may enter an 
7intersection and cross any highway or roadway under the 
8jurisdiction of the department where the posted speed limit 
9is in excess of 35 miles per hour only at a signalized 
10intersection.

11(d) Intersection with local roadways.--

12(1) A neighborhood electric vehicle may enter an 
13intersection and cross any highway or roadway under the 
14jurisdiction of a local authority where the posted speed 
15limit is 35 miles per hour or less, provided that, if the 
16highway or roadway is more than two lanes or is divided, such 
17crossing shall only occur at signalized intersections.

18(2) A neighborhood electric vehicle may enter an 
19intersection and cross any highway or roadway under the 
20jurisdiction of a local authority where the posted speed 
21limit is in excess of 35 miles per hour only at a signalized 
22intersection.

23(e) Violation.--Any person operating a neighborhood electric
24vehicle upon a highway or roadway or crossing a highway or
25roadway in violation of this section shall be subject to the
26penalties under section 6502 (relating to summary offenses).

27§ 3594. Same treatment as passenger cars.

28(a) General rule.--A neighborhood electric vehicle shall be 
29considered a passenger car for the purposes of Part II (relating 
30to title, registration and licensing) and section 4581 (relating 

1to restraint systems).

2(b) Financial responsibility.--An operator of a neighborhood
3electric vehicle shall maintain financial responsibility in a
4type and amount of coverage as defined in section 1702 (relating
5to definitions). No policyholder shall be required to purchase
6and an insurer shall not be required to offer or make available
7any other coverages contained in Chapter 17 (relating to
8financial responsibility).

9§ 3595. Seating limitation.

10A neighborhood electric vehicle may not be operated at a time
11in which the number of passengers exceeds the number of
12available safety belts in the vehicle.

13§ 3596. Waiver of liability.

14(a) General rule.--A purchaser of a new neighborhood
15electric vehicle in this Commonwealth shall execute a waiver and
16certify that the neighborhood electric vehicle was purchased
17with full knowledge of the potentially hazardous characteristics
18of such vehicles as detailed by the manufacturer or the
19manufacturer's agent or dealer.

20(b) Manufacturer responsibility.--The waiver shall be
21prepared by the manufacturer and kept in the possession of the
22manufacturer and the manufacturer's agent or dealer of
23neighborhood electric vehicles. An executed copy shall be
24provided to the purchaser.

25(c) Signing by purchaser.--The signing of the waiver by the
26purchaser shall serve to eliminate any liability of the
27manufacturer and the manufacturer's agent or dealer of
28neighborhood electric vehicles.

29Section 3. Section 4703(b) of Title 75 is amended by adding
30a paragraph to read:

1§ 4703. Operation of vehicle without official certificate of
2inspection.

3* * *

4(b) Exceptions.--Subsection (a) does not apply to:

5* * *

6(14) A neighborhood electric vehicle.

7* * *

8Section 4. This act shall take effect in 180 days.