SENATE AMENDED
PRIOR PRINTER'S NOS. 2838, 3659, 3695
PRINTER'S NO. 4129
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1838
Session of
2015
INTRODUCED BY WHITE, TAYLOR, MASSER, WARD, READSHAW, THOMAS,
MILLARD, QUIGLEY, PICKETT, DiGIROLAMO, BOYLE, TOPPER, KINSEY,
DAVIS, LONGIETTI, DONATUCCI, KILLION, BOBACK, CORBIN,
MARSICO, A. HARRIS, MARSHALL, COHEN, SCHWEYER, KAUFFMAN,
HARHAI, HARHART, SAINATO, McNEILL, DRISCOLL, KNOWLES,
BULLOCK, MAJOR, SAYLOR, ZIMMERMAN, JOZWIAK, LAWRENCE,
CONKLIN, GABLER, SANTORA, GREINER, BAKER, SACCONE, O'BRIEN,
MALONEY, EVERETT, TOOHIL, RAPP, GINGRICH, BARRAR, PHILLIPS-
HILL, FARRY, PASHINSKI, D. COSTA, KORTZ, BRADFORD, ENGLISH,
HEFFLEY AND MICCARELLI, FEBRUARY 9, 2016
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 25, 2016
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in registration of vehicles, further providing for
special registration plates.; IN FEES, FURTHER PROVIDING FOR
EXEMPTION OF PERSONS, ENTITIES AND VEHICLES FROM FEES AND FOR
ANNUAL HAULING PERMITS; IN RULES OF THE ROAD IN GENERAL,
FURTHER PROVIDING FOR DUTY OF DRIVER IN EMERGENCY RESPONSE
AREAS; IN OTHER REQUIRED EQUIPMENT, PROVIDING FOR COUNTERFEIT
AIRBAG PREVENTION; IN SIZE, WEIGHT AND LOAD, FURTHER
PROVIDING FOR MAXIMUM GROSS WEIGHT OF VEHICLES AND PROVIDING
FOR PERMIT FOR MOVEMENT OF FREIGHT VIA NATURAL GAS VEHICLES;
AND, IN POWERS OF DEPARTMENT AND LOCAL AUTHORITIES, FURTHER
PROVIDING FOR SPECIFIC POWERS OF DEPARTMENT AND LOCAL
AUTHORITIES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1341(c) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
SECTION 1. SECTIONS 1341(C) AND 1901(C)(16) OF TITLE 75 OF
THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
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§ 1341. Special registration plates.
* * *
(c) Organization registration plates.--Upon request by the
applicant, the department is authorized to issue organization
registration plates. Organization registration plates may be
issued for special groups or for special purposes and bear an
appropriate designation. Special groups may charge a fee for
authorization to request a registration plate bearing the name
of the group or any portion thereof as desired by the
organization. If the vehicle is licensed to a business that is
not a member of the special group, the department shall issue
the plate as long as the business owner or officer making
application is a member of that group. An organization
registration plate may be used only on a passenger car or truck,
with a registered gross weight of not more than 14,000 pounds,
trailer, motorcycle or motor home.
§ 1901. EXEMPTION OF PERSONS, ENTITIES AND VEHICLES FROM FEES.
* * *
(C) PROCESSING FEE IN LIEU OF REGISTRATION FEE.--NO
REGISTRATION FEE SHALL BE CHARGED FOR VEHICLES REGISTERED BY ANY
OF THE FOLLOWING BUT THE DEPARTMENT SHALL CHARGE A FEE OF $10 TO
COVER THE COSTS OF PROCESSING FOR ISSUING OR RENEWING THE
REGISTRATION:
* * *
(16) ANY PERSON WHO IS RETIRED AND RECEIVING SOCIAL
SECURITY OR OTHER PENSION AND WHOSE TOTAL ANNUAL INCOME DOES
NOT EXCEED [$19,200] $23,500. UNLESS THE RETIRED PERSON IS
PHYSICALLY OR MENTALLY INCAPABLE OF DRIVING THE VEHICLE, THE
RETIRED PERSON SHALL BE THE PRINCIPAL DRIVER OF THE VEHICLE
BUT MAY FROM TIME TO TIME AUTHORIZE ANOTHER PERSON TO DRIVE
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THE VEHICLE IN HIS OR HER STEAD.
* * *
SECTION 2. SECTION 1943 OF TITLE 75 IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 1943. ANNUAL HAULING PERMITS.
* * *
(S) NATURAL GAS VEHICLES.--THE ANNUAL FEE FOR THE MOVEMENT
OF FREIGHT VIA NATURAL GAS VEHICLES, AS PROVIDED FOR IN SECTION
4979.7 (RELATING TO PERMIT FOR MOVEMENT OF FREIGHT VIA NATURAL
GAS VEHICLES), SHALL BE $750.
SECTION 3. SECTION 3327(B) AND (B.1)(1) OF TITLE 75 ARE
AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
READ:
§ 3327. DUTY OF DRIVER IN EMERGENCY RESPONSE AREAS.
* * *
(B) PENALTY.--ANY PERSON VIOLATING SUBSECTION (A) COMMITS A
SUMMARY OFFENSE AND SHALL, UPON CONVICTION, PAY [A FINE OF NOT
MORE THAN $250.]:
(1) FOR A FIRST OFFENSE, A FINE OF NOT MORE THAN $250.
(2) FOR A SECOND OFFENSE, A FINE OF NOT MORE THAN $500.
(3) FOR A THIRD OR SUBSEQUENT OFFENSE, A FINE OF NOT
MORE THAN $1,000.
(B.1) SUSPENSION OF OPERATING PRIVILEGE.--
(1) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (2), IN
ACCORDANCE WITH SECTION 1540 (RELATING TO SURRENDER OF
LICENSE) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
OF ANY PERSON FOR 90 DAYS UPON RECEIVING A CERTIFIED RECORD
OF THE DRIVER'S CONVICTION, ADJUDICATION OF DELINQUENCY OR
ADMISSION INTO AN ACCELERATED REHABILITATIVE DISPOSITION
PROGRAM OR A PREADJUDICATION PROGRAM FOR A VIOLATION OF
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SUBSECTION (A), IF THE CERTIFIED CONVICTION [INDICATES THE
VIOLATION RESULTED IN SERIOUS BODILY INJURY TO ANOTHER
PERSON. THE LICENSE SHALL BE SURRENDERED IN ACCORDANCE WITH
SECTION 1540 (RELATING TO SURRENDER OF LICENSE).]:
(I) INDICATES THE VIOLATION RESULTED IN SERIOUS
BODILY INJURY TO OR DEATH OF ANOTHER PERSON; OR
(II) IS THE DRIVER'S THIRD OR SUBSEQUENT CONVICTION
FOR A VIOLATION OF SUBSECTION (A).
* * *
(E.2) DEPARTMENTAL REPORT.--THE DEPARTMENT, IN COORDINATION
WITH THE PENNSYLVANIA STATE POLICE, SHALL ANNUALLY SUBMIT TO THE
TRANSPORTATION COMMITTEE OF THE SENATE AND THE TRANSPORTATION
COMMITTEE OF THE HOUSE OF REPRESENTATIVES A REPORT CONTAINING
DATA FROM THE PREVIOUS CALENDAR YEAR OF THE FOLLOWING
INFORMATION RELATED TO VIOLATIONS OF THIS SECTION:
(1) THE NUMBER OF VIOLATIONS.
(2) WHETHER A VIOLATION RESULTED IN BODILY INJURY,
SERIOUS BODILY INJURY OR DEATH.
(3) WHETHER A VIOLATION WAS COMMITTED BY AN INDIVIDUAL
WHO WAS PREVIOUSLY FOUND GUILTY OF A VIOLATION.
(4) HOW THE DEPARTMENT IS EDUCATING THE PUBLIC REGARDING
THE PROVISIONS OF THIS SECTION AND AN ANALYSIS OF WHETHER THE
EDUCATION IS ADEQUATE.
* * *
SECTION 4. CHAPTER 45 OF TITLE 75 IS AMENDED BY ADDING A
SUBCHAPTER TO READ:
SUBCHAPTER F
COUNTERFEIT AIRBAG PREVENTION
SEC.
4591. DEFINITIONS.
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4592. PROHIBITED CONDUCT RELATING TO COUNTERFEIT SUPPLEMENTAL
RESTRAINT SYSTEMS AND NONFUNCTIONAL AIRBAGS.
4593. VIOLATIONS AND CIVIL PENALTIES.
4594. CRIMINAL PENALTY.
4595. UNINTENTIONAL VIOLATIONS.
§ 4591. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"AIRBAG." A MOTOR VEHICLE INFLATABLE OCCUPANT RESTRAINT
SYSTEM DEVICE THAT IS PART OF A SUPPLEMENTAL RESTRAINT SYSTEM.
"COUNTERFEIT SUPPLEMENTAL RESTRAINT SYSTEM COMPONENT." A
REPLACEMENT SUPPLEMENTAL RESTRAINT SYSTEM COMPONENT, INCLUDING,
BUT NOT LIMITED TO, AN AIRBAG THAT DISPLAYS A MARK IDENTICAL OR
SUBSTANTIALLY SIMILAR TO THE GENUINE MARK OR A MOTOR VEHICLE
MANUFACTURER OR A SUPPLIER OF PARTS TO THE MANUFACTURER OF A
MOTOR VEHICLE WITHOUT AUTHORIZATION FROM THAT MANUFACTURER OR
SUPPLIER.
"NONFUNCTIONAL AIRBAG." A REPLACEMENT AIRBAG THAT HAS BEEN
PREVIOUSLY DEPLOYED, DAMAGED OR HAS AN ELECTRICAL FAULT THAT IS
DETECTED BY THE VEHICLE DIAGNOSTIC SYSTEM AFTER THE INSTALLATION
PROCEDURE IS COMPLETED. THE TERM SHALL ALSO INCLUDE ANY OBJECT,
INCLUDING A COUNTERFEIT OR REPAIRED AIRBAG OR AIRBAG COMPONENT,
INSTALLED TO DECEIVE THE VEHICLE OWNER OR OPERATOR INTO
BELIEVING A FUNCTIONAL AIRBAG IS INSTALLED.
"PERSON." A NATURAL PERSON, PARTNERSHIP, FIRM, CORPORATION,
COMPANY, TRUST OR ASSOCIATION OR AN AGENT OR EMPLOYEE OF A
PARTNERSHIP, FIRM, CORPORATION, TRUST OR ASSOCIATION.
"SUPPLEMENTAL RESTRAINT SYSTEM." A PASSIVE INFLATABLE MOTOR
VEHICLE OCCUPANT CRASH PROTECTION SYSTEM DESIGNED FOR USE IN
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CONJUNCTION WITH THE ACTIVE RESTRAINT SYSTEMS AS DESCRIBED IN 49
CFR 571.208 (RELATING TO STANDARD NO.208; OCCUPANT CRASH
PROTECTION). A SUPPLEMENTAL RESTRAINT SYSTEM INCLUDES ONE OR
MORE AIRBAGS AND ALL COMPONENTS REQUIRED TO ENSURE THAT AN
AIRBAG WORKS AS DESIGNED BY THE VEHICLE MANUFACTURER, INCLUDING
BOTH OF THE FOLLOWING:
(1) THE AIRBAG OPERATES IN THE EVENT OF A CRASH.
(2) THE AIRBAG IS DESIGNED IN ACCORDANCE WITH FEDERAL
MOTOR VEHICLE SAFETY STANDARDS FOR THE SPECIFIC MAKE, MODEL
AND YEAR OF THE MOTOR VEHICLE IN WHICH IT IS OR WILL BE
INSTALLED.
§ 4592. PROHIBITED CONDUCT RELATING TO COUNTERFEIT SUPPLEMENTAL
RESTRAINT SYSTEMS AND NONFUNCTIONAL AIRBAGS.
IT SHALL BE UNLAWFUL FOR A PERSON TO DO ANY OF THE FOLLOWING
IF THEY KNOW OR REASONABLY SHOULD KNOW THAT A PRODUCT IS A
COUNTERFEIT SUPPLEMENTAL RESTRAINT SYSTEM OR NONFUNCTIONAL
AIRBAG OR DOES NOT MEET FEDERAL SAFETY REQUIREMENTS AS PROVIDED
IN 49 CFR 571.208 (RELATING TO STANDARD NO.208; OCCUPANT CRASH
PROTECTION):
(1) MAKE, IMPORT, OFFER TO DISTRIBUTE, DISTRIBUTE, OFFER
TO SELL OR SELL A COUNTERFEIT SUPPLEMENTAL RESTRAINT SYSTEM
OR A NONFUNCTIONAL AIRBAG.
(2) INSTALL OR REINSTALL A COUNTERFEIT SUPPLEMENTAL
RESTRAINT SYSTEM OR A NONFUNCTIONAL AIRBAG IN ANY MOTOR
VEHICLE AS THAT TERM IS DEFINED IN 75 PA.C.S. § 102 (RELATING
TO DEFINITIONS).
(3) INSTALL OR REINSTALL A COUNTERFEIT SUPPLEMENTAL
RESTRAINT SYSTEM OR NONFUNCTIONAL AIRBAG SO THAT THE VEHICLE
DIAGNOSTIC SYSTEM OR ANY COMPONENT PARTS, INCLUDING, BUT NOT
LIMITED TO, ANY INDICATOR LIGHTS, FALSELY DISPLAYS OR
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REGISTERS THAT AN AIRBAG IS IN PROPER WORKING ORDER.
(4) REPRESENT TO ANOTHER PERSON A COUNTERFEIT
SUPPLEMENTAL RESTRAINT SYSTEM OR A NONFUNCTIONAL AIRBAG
INSTALLED OR REINSTALLED IN A MOTOR VEHICLE AS AN AIRBAG.
§ 4593. VIOLATIONS AND CIVIL PENALTIES.
(A) CAUSE OF ACTION.--IF THERE IS AN ALLEGED VIOLATION OF
THIS SUBCHAPTER, THE ATTORNEY GENERAL MAY BRING A CAUSE OF
ACTION IN THE NAME OF THE COMMONWEALTH.
(B) POWERS.--IN ANY CAUSE OF ACTION ARISING UNDER THIS
SECTION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF, MAKE
A DETERMINATION OF THE RELEVANT FACTS AND ISSUE SUBPOENAS UNDER
THE ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE
UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW.
(C) INJUNCTIVE RELIEF.--IF THE COURT RULES THAT THE
DEFENDANT HAS VIOLATED THIS SUBCHAPTER, THE COURT MAY ISSUE AN
INJUNCTION ENJOINING AND RESTRAINING ANY FURTHER VIOLATION
WITHOUT REQUIRING PROOF THAT A PERSON HAS BEEN INJURED OR
DAMAGED BY THE DEFENDANT.
(D) CIVIL PENALTY.--IF THE COURT DETERMINES THAT A VIOLATION
OF THIS SUBCHAPTER HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL
PENALTY AS FOLLOWS:
(1) FOR THE FIRST VIOLATION, THE PENALTY FOR EACH
SEPARATE MANUFACTURE, IMPORTATION, INSTALLATION,
REINSTALLATION, SALE OR OFFER FOR SALE SHALL BE $1,000.
(2) FOR A SUBSEQUENT VIOLATION, THE PENALTY SHALL BE
$5,000 FOR EACH SEPARATE MANUFACTURE, IMPORTATION,
INSTALLATION, REINSTALLATION, SALE OR OFFER FOR SALE.
§ 4594. CRIMINAL PENALTY.
(A) GENERAL VIOLATION.--EXCEPT AS PROVIDED IN SUBSECTION
(B), A PERSON WHO VIOLATES SECTION 4592 (RELATING TO PROHIBITED
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CONDUCT RELATING TO COUNTERFEIT SUPPLEMENTAL RESTRAINT SYSTEMS
AND NONFUNCTIONAL AIRBAGS) COMMITS A MISDEMEANOR OF THE SECOND
DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF
NOT LESS THAN $2,500 NOR MORE THAN $50,000 FOR EACH SEPARATE
OFFENSE OR TO IMPRISONMENT FOR A PERIOD OF NOT MORE THAN FIVE
YEARS FOR EACH SEPARATE OFFENSE, OR BOTH, UNLESS THE OFFENSE
RESULTS IN THE BODILY INJURY OR DEATH OF AN INDIVIDUAL.
(B) SPECIFIC VIOLATION.--IF A PERSON VIOLATES SECTION 4592
AND THAT VIOLATION RESULTS IN THE DEATH OR BODILY INJURY OF
ANOTHER PERSON, THE PERSON COMMITS A FELONY OF THE THIRD DEGREE
AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT
LESS THAN $5,000 NOR MORE THAN $75,000 FOR EACH SEPARATE OFFENSE
OR TO IMPRISONMENT FOR A PERIOD OF NOT MORE THAN 20 YEARS FOR
EACH SEPARATE OFFENSE, OR BOTH.
§ 4595. UNINTENTIONAL VIOLATIONS.
NO PERSON MAY BE DEEMED TO HAVE VIOLATED THE PROVISIONS OF
THIS SUBCHAPTER IF THE PERSON SHOWS BY A PREPONDERANCE OF THE
EVIDENCE THAT THE VIOLATION WAS NOT INTENTIONAL AND RESULTED
FROM A BONA FIDE ERROR MADE NOTWITHSTANDING THE MAINTENANCE OF
PROCEDURES REASONABLY ADOPTED TO AVOID THE ERROR.
SECTION 5. SECTION 4941 OF TITLE 75 IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 4941. MAXIMUM GROSS WEIGHT OF VEHICLES.
* * *
(D) NATURAL GAS VEHICLES.--
(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A
VEHICLE THAT IS OPERATED BY AN ENGINE FUELED PRIMARILY BY
COMPRESSED OR LIQUEFIED NATURAL GAS MAY EXCEED THE GROSS
VEHICLE WEIGHT LIMITS IMPOSED UNDER THIS SUBCHAPTER BY AN
AMOUNT, NOT TO EXCEED A MAXIMUM OF 2,000 POUNDS, THAT IS
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EQUAL TO THE DIFFERENCE BETWEEN THE WEIGHT OF THE VEHICLE
ATTRIBUTABLE TO THE NATURAL GAS TANK AND FUELING SYSTEM
CARRIED BY THE VEHICLE AND THE WEIGHT OF A COMPARABLE DIESEL
TANK AND FUELING SYSTEM.
(2) THE WEIGHT EXEMPTION PROVIDED FOR UNDER THIS
SUBSECTION SHALL APPLY TO ALL INTERSTATE HIGHWAYS AS PROVIDED
BY THE EXEMPTION PERMITTED UNDER 23 U.S.C. § 127 (RELATING TO
VEHICLE WEIGHT LIMITATIONS - INTERSTATE SYSTEM).
SECTION 6. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
§ 4979.7. PERMIT FOR MOVEMENT OF F REIGHT VIA NATURAL GAS
VEHICLES.
AN ANNUAL PERMIT MAY BE ISSUED FOR THE MOVEMENT ON SPECIFIED
HIGHWAYS OF FREIGHT AS ALLOWED BY LAW BY A VEHICLE POWERED BY
NATURAL GAS, BE IT COMPRESSED OR LIQUEFIED, WHICH EXCEEDS THE
MAXIMUM VEHICLE GROSS WEIGHT SPECIFIED IN SECTION 4941 (RELATING
TO MAXIMUM GROSS WEIGHT OF VEHICLES). THE WEIGHT OF ANY VEHICLE
PERMITTED UNDER THIS SECTION MAY NOT EXCEED 82,000 POUNDS
OVERALL GROSS WEIGHT AND 21,000 POUNDS ON ANY NONSTEERING AXLE.
SECTION 7. SECTION 6109(H) HEADING OF TITLE 75 IS AMENDED
AND THE SUBSECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:
§ 6109. SPECIFIC POWERS OF DEPARTMENT AND LOCAL AUTHORITIES.
* * *
(H) DELEGATION OF POWERS IN CITIES OF THE SECOND, SECOND
CLASS A AND THIRD CLASS.--
* * *
(1.1) NOTWITHSTANDING A PROVISION OF 53 PA.C.S. CH. 55
OR THIS TITLE TO THE CONTRARY, BEGINNING JANUARY 1, 2016, THE
PARKING AUTHORITY OF A CITY OF THE SECOND CLASS A OR A CITY
OF THE THIRD CLASS MAY ENFORCE AND ADMINISTER ORDINANCES AND
RESOLUTIONS ENACTED OR ADOPTED BY THE CITY OF THE SECOND
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CLASS A OR THE CITY OF THE THIRD CLASS UNDER THE POWERS
SPECIFIED UNDER SUBSECTION (A)(1) AND THOSE CERTAIN STOPPING,
STANDING AND PARKING PROVISIONS PROVIDED IN SECTIONS 3351,
3353 AND 3354.
* * *
(2.1) BEGINNING MARCH 1, 2016, THE PARKING AUTHORITY OF
A CITY OF THE SECOND CLASS A OR A CITY OF THE THIRD CLASS MAY
ENTER INTO AN AGREEMENT WITH THE CITY OF THE SECOND CLASS A
OR THE CITY OF THE THIRD CLASS FOR THE TRANSFER OF A PORTION
OF THE FINES, PENALTIES AND COSTS COLLECTED UNDER THIS
SUBSECTION, WHICH THE PARKING AUTHORITY BOARD DEEMS
REASONABLE, TO THE CITY OF THE SECOND CLASS A OR THE CITY OF
THE THIRD CLASS.
* * *
Section 2 8. This act shall take effect in 120 days. AS
FOLLOWS:
(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
IMMEDIATELY:
(I) THIS SECTION.
(II) THE AMENDMENT OF 75 PA.C.S. § 6109(H).
(2) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN 120
DAYS:
(I) THE ADDITION OF 75 PA.C.S. § 1341(C).
(II) THE ADDITION OF 75 PA.C.S. § 1943(S).
(III) THE ADDITION OF 75 PA.C.S. CH. 45 SUBCH. F.
(IV) THE ADDITION OF 75 PA.C.S. § 4941(D).
(V) THE ADDITION OF 75 PA.C.S. § 4979.7.
(3) THE ADDITION OF 75 PA.C.S. § 3327(E.2) SHALL TAKE
EFFECT IN 18 MONTHS.
(4) THE AMENDMENT OF 75 PA.C.S. § 1901(C)(16) SHALL TAKE
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EFFECT IN 60 DAYS.
(5) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN SIX
MONTHS.
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