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CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 441
PRINTER'S NO. 2082
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
478
Session of
2021
INTRODUCED BY ARMANINI, SMITH, OWLETT, BOROWICZ, CAUSER,
MILLARD, ROTHMAN, MOUL, ZIMMERMAN, STRUZZI, SANKEY AND
BENHAM, FEBRUARY 9, 2021
REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
FEBRUARY 9, 2021
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in snowmobiles and all-terrain vehicles, further
providing for short title of chapter, for definitions, for
restricted accounts, for registration of dealers, for
registration of snowmobile or ATV, for limited registration
of snowmobile or ATV, for certificate of title for snowmobile
or ATV, for transfer to or from dealer, for transfer of
snowmobile or ATV by operation of law, for issuance of new
certificate following transfer, for suspension and
cancellation of certificate of title, for application for
certificate of title by agent, for perfection of security
interest in a snowmobile or ATV, for satisfaction of security
interest, for release of security interest, for assignment by
secured party of security interest, for exemptions, for
snowmobile or ATV purchased from dealer, for fees, for
records, for Snowmobile and ATV Advisory Committee, for
operation on streets and highways, for designation of
snowmobile and ATV roads, for special snowmobile and ATV
events, for operation on private or State property, for
operation by persons under age sixteen, for operation in safe
manner, for additional limitations on operation, for
accidents and accident reports, for liability of owner for
negligence, for liability insurance, for head lamps and tail
lamps, for brakes, for mufflers and sound control, for
enforcement personnel and procedures and for penalties for
violation of chapter; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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Section 1. The heading of Chapter 77 of Title 75 of the
Pennsylvania Consolidated Statutes is amended to read:
CHAPTER 77
SNOWMOBILES [AND], ALL-TERRAIN VEHICLES AND OFF-HIGHWAY
MOTORCYCLES
Section 2. Section 7701 of Title 75 is amended to read:
§ 7701. Short title of chapter.
This chapter shall be known and may be cited as the
Snowmobile [and], All-Terrain Vehicle and Off-Highway Motorcycle
Law.
Section 3. The definition of "all-terrain vehicle" or "ATV"
in section 7702 of Title 75 is amended and the section is
amended by adding a definition to read:
§ 7702. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
"All-terrain vehicle" or "ATV." A motorized off-highway
vehicle which travels on three or more off-highway tires and
which has:
(1) a maximum width of 50 inches and a maximum dry
weight of 1,200 pounds; or
(2) a width which exceeds 50 inches or a dry weight
which exceeds 1,200 pounds.
ATV's described in paragraph (1) may be referred to as Class I
ATV's, and ATV's described in paragraph (2) may be referred to
as Class II ATV's. This term does not include snowmobiles,
[trail bikes,] off-highway motorcycles, motorboats, golf carts,
aircraft, dune buggies, automobiles, construction machines,
trucks or home utility machines; military, fire, emergency and
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law enforcement vehicles; implements of husbandry; multipurpose
agricultural vehicles; vehicles used by the department; or any
vehicle that is or is required to be registered under Chapter 13
(relating to registration of vehicles). In addition, this term
does not include off-road motor vehicles used exclusively as
utility vehicles for agricultural or business operations and
incidentally operated or moved upon the highway.
* * *
"Off-highway motorcycle" or "OHM." A motor vehicle used off
the roads or highways of this Commonwealth that has a seat or
saddle for the use of the rider and is designed to travel with
not more than two wheels in contact with the ground, including
dual sport motorcycles.
* * *
Section 4. Sections 7706(a)(1) and (2), (b), (c) and (e) and
7711(a) and (e) introductory paragraph, (3) and (4) of Title 75
are amended to read:
§ 7706. Restricted accounts.
(a) Deposit and use of moneys.--
(1) The ATV and OHM Management Restricted Account and
the Snowmobile Management Restricted Account are established
in the State Treasury. The department shall deposit the
following into the appropriate restricted account:
(i) all moneys received from the registration of and
issuance of certificates of title for snowmobiles [and],
ATV's or OHM's and from the issuance of vintage
snowmobile permits;
(ii) all revenue from the sale of any publications
or services relating to snowmobiles [and], ATV's and
OHM's;
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(iii) all fines, penalties, fees and costs assessed
and collected as a result of enforcement activities
conducted by the department's law enforcement personnel
under this chapter related to violations attributed to
ATV's and OHM's shall be deposited in the ATV and OHM
Management Restricted Account;
(iv) all fines, penalties, fees and costs assessed
and collected as a result of enforcement activities
conducted by the department's law enforcement personnel
under this chapter related to violations attributed to
snowmobiles shall be deposited in the Snowmobile
Management Restricted Account; and
(v) all refunds of gas taxes generated under section
9017(d.1) (relating to refunds) shall be deposited in the
two restricted accounts on a proportional basis of the
activity that generated those taxes.
(2) The department shall draw moneys from the respective
restricted accounts for use in performing any activities
necessary to carry out the purposes of this chapter,
including registration and certificate of title activities,
training, education, enforcement activities, construction and
maintenance of snowmobile [and], ATV and OHM trails and
acquisition of equipment, supplies and interests in land. All
moneys deposited in these accounts shall remain in them to be
used as specified in this section. With the exception of
trails used by [both] snowmobiles [and], ATV's and OHM's,
under no circumstances shall the department expend any moneys
from the accounts except for the activity that generated
those accounts.
* * *
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(b) Grant-in-aid.--The department shall, upon written
application and subsequent approval, grant money from the
restricted accounts:
(1) To municipalities, profit and nonprofit
organizations in connection with snowmobile [and], ATV and
OHM use on lands [not owned by the Commonwealth] for the
following:
(i) Plans, specifications and engineering surveys.
(ii) Fees and costs related to the preparation or
performance of right-of-way lease agreements.
(iii) Land acquisition.
(iv) Construction, maintenance and rehabilitation of
trails and other facilities for snowmobiles [and], ATV's
and OHM's.
(2) To municipalities and profit and nonprofit
organizations for equipment, training and education
activities relating to snowmobile [and], ATV and OHM use.
(3) To profit and nonprofit organizations for the
maintenance, rehabilitation and construction of snowmobile
[and], ATV and OHM trails on land owned by the Commonwealth.
* * *
(c) Audit of moneys.--The restricted accounts shall be
audited every two years. Copies of the audit shall be provided
to the Snowmobile [and], ATV and OHM Advisory Committee, the
Appropriations Committee of the Senate and the Appropriations
Committee of the House of Representatives. Copies shall also be
posted and maintained on the department's publicly accessible
Internet website.
* * *
(e) Definition.--For purposes of this section, "all-terrain
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vehicle" or "ATV" shall also include any self-propelled vehicle
which is manufactured for sale or operation primarily on off-
highway trails or off-highway competition and only incidentally
operated on public highways. This term includes OHM's. This term
shall not include a snowmobile or other self-propelled vehicles
manufactured for off-highway use exclusively designed for travel
on snow or ice, steered by skis or runners and supported in
whole or in part by one or more skis, belts or cleats which
utilize an endless belt tread.
§ 7711. Registration of dealers.
(a) General rule.--A person who is in the business of
selling snowmobiles [or], ATV's or OHM's in this Commonwealth
shall register with the department as a dealer. A person who is
in the business of selling snowmobiles [or], ATV's or OHM's
outside this Commonwealth may register with the department as a
dealer.
* * *
(e) Use of dealer registration plates.--A dealer may operate
or permit to be operated within this Commonwealth a snowmobile
[or], ATV or OHM owned by or in the possession of the dealer if:
* * *
(3) There is displayed on the snowmobile [or], ATV or
OHM in a manner prescribed by the department a valid dealer
registration plate issued to the dealer under this section.
(4) The snowmobile [or], ATV or OHM is operated only for
the purpose of demonstration or testing in connection with
the dealer's business.
Section 5. Section 7711.1 heading, (a) introductory
paragraph, (1), (2) and (4), (b) introductory paragraph, (1) and
(2), (d)(2) and (f)(1), (2), (3) and (4) of Title 75 are amended
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and the section is amended by adding a subsection to read:
§ 7711.1. Registration of snowmobile [or], ATV or OHM.
(a) General rule.--Except as otherwise provided in
subsection (f), it is unlawful for a person to operate or for an
owner to permit another person to operate a snowmobile [or], an
ATV or an OHM unless:
(1) There is carried on the snowmobile [or], ATV or OHM
a valid registration certificate issued therefor pursuant to
subsection (b).
(2) There is displayed on the snowmobile a registration
decal, or on the ATV or OHM a registration plate, issued
therefor pursuant to subsection (b).
* * *
(4) There is displayed on the snowmobile [or], ATV or
OHM a valid expiration sticker issued therefor pursuant to
subsection (b).
* * *
(b) Issuance.--Upon receipt of an application therefor upon
a form prescribed and furnished by the department which shall
contain information reasonably required by the department and
which shall be accompanied by the required fee, the department
shall issue to the owner of a snowmobile [or], ATV or OHM:
(1) A biennial registration certificate containing the
registration number for the snowmobile [or], ATV or OHM and
the expiration date of the registration.
(2) A registration decal displaying the registration
number for a snowmobile or a registration plate displaying
the registration number for an ATV or OHM.
* * *
(c.1) Exception.--OHM's registered with the Department of
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Transportation do not require a registration plate.
(d) Expiration of registration.--
* * *
(2) Upon transfer of ownership of a snowmobile [or], ATV
or OHM during a registration period, the registration
certificate and expiration sticker shall expire. The
transferor shall, within 15 days from the date of transfer,
return to the department the registration certificate with
the date of transfer and the name and address of the new
owner endorsed on the back. If the transferor applies for
registration of a different snowmobile [or], ATV or OHM and
pays the required transfer fee, the transferor may be issued
in the name of the transferor a registration certificate and
expiration sticker for that snowmobile [or], ATV or OHM for
the remainder of the registration period without payment of a
registration fee. The registration decal or plate shall not
be removed from a snowmobile [or], ATV or OHM upon transfer
to the new owner and is invalid until the new owner is issued
a registration certificate or limited registration
certificate for the snowmobile [or], ATV or OHM.
* * *
(f) Exemptions from registration.--Subsection (a) does not
apply if:
(1) The snowmobile [or], ATV or OHM is owned by or in
the possession of a dealer who has been issued a dealer
registration certificate, dealer registration plates and
dealer plate registration cards under section 7711 (relating
to registration of dealers), the dealer is in compliance with
section 7711 and the snowmobile [or], ATV or OHM is used in
accordance with section 7711.
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(2) The snowmobile [or], ATV or OHM is owned and used by
the United States or another state or a political subdivision
thereof, in which case the snowmobile [or], ATV or OHM shall
display the name of the owner in a manner prescribed by the
department.
(3) The snowmobile [or], ATV or OHM is operated on land
owned or leased by the owner or operator of the snowmobile
[or], ATV or OHM and it is not operated elsewhere within this
Commonwealth. Except as otherwise provided in this
subsection, an OHM does not need to be registered with the
department when the OHM operator is invited on the land by
the owner or lessee of the land.
(4) The owner of the snowmobile [or], ATV or OHM is not
a resident of this Commonwealth and the operator presents
proof that the snowmobile [or], ATV or OHM has been properly
registered in another jurisdiction that exempts from its
registration requirements persons who have obtained proper
registration under this chapter.
* * *
Section 6. Sections 7711.2 heading, (a) introductory
paragraph and (2), (b) and (d), 7712.1 heading, (a), (b), (c),
(d), (g), (h)(2) and (3) and (j), 7712.2(a), (b), (c)
introductory paragraph and (d), 7712.3 heading, (a) and (c),
7712.5(c), 7712.6(a) and (b), 7712.7(a) and (c), 7712.8 heading,
(a), (b) and (c), 7712.9(a) and (b), 7712.10, 7712.12(a) and
7712.13 of Title 75 are amended to read:
§ 7711.2. Limited registration of snowmobile [or], ATV or OHM.
(a) General rule.--It is unlawful for a person to operate or
for an owner to permit another person to operate a snowmobile
[or], ATV or OHM identified in section 7711.1(f)(3) (relating to
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registration of snowmobile [or], ATV or OHM) unless:
* * *
(2) There is displayed on the snowmobile a valid
registration decal or on the ATV or OHM a valid registration
plate issued pursuant to subsection (b).
* * *
(b) Issuance.--Upon receipt of an application therefor upon
a form prescribed and furnished by the department which shall
contain information reasonably required by the department, the
department shall issue to the owner of a snowmobile [or], ATV or
OHM for which limited registration is required under subsection
(a):
(1) A limited registration certificate containing the
registration number for the snowmobile [or], ATV or OHM.
(2) A registration decal displaying the registration
number for a snowmobile or a registration plate displaying
the registration number for an ATV or OHM.
* * *
(d) Transfer of ownership.--Upon transfer of ownership of a
snowmobile [or], ATV or OHM for which a limited registration
certificate has been issued, the limited registration
certificate shall become invalid. The transferor shall, within
15 days from the date of transfer, return to the department the
limited registration certificate with the date of transfer and
the name and address of the new owner endorsed on the back. The
registration decal or plate shall not be removed from the
snowmobile [or], ATV or OHM upon transfer to the new owner and
is invalid until the new owner obtains a registration
certificate or limited registration certificate for the
snowmobile [or], ATV or OHM.
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* * *
§ 7712.1. Certificate of title for snowmobile [or], ATV or OHM.
(a) General rule.--Except as otherwise provided in
subsection (b), an owner of a snowmobile [or], ATV or OHM which
is in this Commonwealth and for which no certificate of title
has been issued shall apply to the department for a certificate
of title.
(b) Exemptions from titling.--No certificate of title is
required for:
(1) A snowmobile [or], ATV or OHM that was registered
prior to the effective date of this section.
(2) A snowmobile [or], ATV or OHM owned by the United
States unless a general registration certificate has been
issued therefor.
(3) A new snowmobile [or], ATV or OHM owned by a dealer
before and until sale.
(4) A snowmobile [or], ATV or OHM owned by a nonresident
of this Commonwealth and not required by law to be registered
in this Commonwealth.
(5) A snowmobile [or], ATV or OHM owned by a resident of
this Commonwealth and required by law to be registered in
another state, based and used principally outside of this
Commonwealth and not required by law to be registered in this
Commonwealth.
(6) A non-street legal OHM purchased after the enactment
of this subsection.
(c) Contents of application.--Application for a certificate
of title shall be made upon a form prescribed and furnished by
the department and shall contain a full description of the
snowmobile [or], ATV or OHM, date of purchase, the name and
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address of the owner, a statement of the title of applicant,
together with any other information or documents the department
requires to identify the snowmobile [or], ATV or OHM and to
enable the department to determine whether the owner is entitled
to a certificate of title.
(d) Signing and filing of application.--Application for a
certificate of title shall be made within 15 days of the sale or
transfer of a snowmobile [or], ATV or OHM or its entry into this
Commonwealth from another jurisdiction, whichever is later. The
application shall be accompanied by the required fee and any tax
payable by the applicant under the laws of this Commonwealth in
connection with the acquisition or use of a snowmobile [or], ATV
or OHM or evidence to show that the tax has been paid or
collected. The application shall be signed and verified by oath
or affirmation by the applicant if a natural person; in the case
of an association or partnership, by a member or a partner; and
in the case of a corporation, by an executive officer or person
specifically authorized by the corporation to sign the
application.
(g) Registration without certificate of title prohibited.--
Except as provided in subsection (b), the department shall not
issue a registration certificate or limited registration
certificate for a snowmobile [or], ATV or OHM or a vintage
snowmobile permit for a vintage snowmobile unless a certificate
of title has been issued by the department to the owner or an
application for a certificate of title has been delivered by the
owner to the department.
(h) Refusing issuance of certificate of title.--The
department may refuse issuance of a certificate of title if it
has reasonable grounds to believe any one of the following:
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* * *
(2) Any taxes payable under the laws of this
Commonwealth on or in connection with, or resulting from the
acquisition or use of, the snowmobile [or], ATV or OHM have
not been paid.
(3) The applicant is not the owner of the snowmobile
[or], ATV or OHM.
* * *
(j) Transfer of ownership of snowmobile [or], ATV or OHM.--
(1) Upon the sale or transfer of ownership of a
snowmobile [or], ATV or OHM within this Commonwealth, the
owner shall execute an assignment and warranty of title to
the transferee in the space provided on the certificate of
title or as the department prescribes, sworn to before a
notary public or other officer empowered to administer oaths,
and deliver the certificate to the transferee at the time of
the delivery of the snowmobile [or], ATV or OHM.
(2) Except as otherwise provided in section 7715.1
(relating to snowmobile [or], ATV or OHM purchased from
dealer), the transferee shall, within 15 days of the
assignment of the certificate of title, apply for a new title
by forwarding to the department the certificate of title
executed as required by paragraph (1), a properly completed
application for certificate of title, sworn to before a
notary public or other officer empowered to administer oaths,
and such other forms as the department may require.
* * *
§ 7712.2. Transfer to or from dealer.
(a) Transfer to dealer.--If a dealer acquires a snowmobile
[or], ATV or OHM for the purpose of resale, a certificate of
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title need not be applied for as provided for in section 7712.1
(relating to certificate of title for snowmobile [or], ATV or
OHM), but the dealer shall, within seven days from the date of
acquisition, forward to the department, upon a form prescribed
and furnished by the department, notification of the acquisition
of the snowmobile [or], ATV or OHM.
(b) Execution and display of notice of transfer.--A dealer
making notification pursuant to subsection (a) shall execute at
least three copies of the notification, the original of which
shall be forwarded to the department, one copy to accompany the
snowmobile [or], ATV or OHM in any subsequent transfer and one
copy to be retained by the dealer for at least one year after a
subsequent transfer, to be exhibited, with the assigned
certificate of title, upon request of a police officer or
authorized department employee.
(c) Transfer from dealer.--Except as otherwise provided in
subsection (a), if a dealer transfers the dealer's interest in a
snowmobile [or], ATV or OHM:
* * *
(d) Exception for repossessed snowmobiles [or], ATV's or
OHM's.--This section does not apply to a snowmobile [or], ATV or
OHM repossessed upon default of performance of a lease, contract
of conditional sale or similar agreement.
* * *
§ 7712.3. Transfer of snowmobile [or], ATV or OHM by operation
of law.
(a) General rule.--If the interest of an owner in a
snowmobile [or], ATV or OHM passes to another other than by
voluntary transfer, the transferee shall, except as otherwise
provided, promptly mail or deliver to the department the last
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certificate of title, if available, and shall apply for a new
certificate of title on a form prescribed and furnished by the
department. The application shall be accompanied by such
instruments or documents of authority, or certified copies
thereof, as may be sufficient or required by law to evidence or
effect a transfer of title or interest in or to chattels in such
case.
* * *
(c) Surrender of certificate.--A person holding a
certificate of title, whose interest in a snowmobile [or], ATV
or OHM has been extinguished or transferred other than by
voluntary transfer, shall immediately surrender the certificate
of title to the person to whom the right to possession of the
snowmobile [or], ATV or OHM has passed. Upon request of the
department, such person shall mail or deliver the certificate to
the department. Delivery of the certificate pursuant to the
request of the department does not affect the rights of the
person surrendering the certificate.
§ 7712.5. Issuance of new certificate following transfer.
* * *
(c) Filing and retention of surrendered certificate.--The
department shall file and retain for five years a surrendered
certificate of title, or a copy, in such a manner as to permit
the tracing of title of the snowmobile [or], ATV or OHM.
§ 7712.6. Suspension and cancellation of certificate of title.
(a) Return of new snowmobile [or], ATV or OHM.--The
department may cancel the certificate of title issued for a new
snowmobile [or], ATV or OHM if it is shown by satisfactory
evidence that the snowmobile [or], ATV or OHM has been returned
to the dealer from whom obtained.
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(b) Snowmobile [or], ATV or OHM sold to nonresidents.--The
department may cancel a certificate of title for a snowmobile
[or], ATV or OHM sold to a resident of another state or foreign
country if the snowmobile [or], ATV or OHM is to be registered
in the other jurisdiction.
* * *
§ 7712.7. Application for certificate of title by agent.
(a) Authorization to apply.--No person may apply for a
certificate of title on behalf of another person unless
authorization to do so is in effect and is verified by oath or
affirmation of the other person, made, except as between lessors
and fleet owners as lessees, not more than 15 days before the
application is received by the department. A lessor may
authorize a fleet owner to apply for a certificate of title for
a leased snowmobile [or], ATV or OHM for a period of up to one
year.
* * *
(c) Persons authorized to hold certificate.--No person may
receive, obtain or hold a certificate of title recorded in the
name of another person for the other person who is not in the
regular employ of, or not a member of the family of, the other
person, unless the person receiving, obtaining or holding the
certificate of title has a valid undischarged security interest
recorded in the department against the snowmobile [or], ATV or
OHM represented by the certificate of title.
* * *
§ 7712.8. Perfection of security interest in a snowmobile [or],
ATV or OHM.
(a) Applicability of section.--Except as otherwise provided
in 13 Pa.C.S. §§ 9311(d) (relating to perfection of security
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interests in property subject to certain statutes, regulations
and treaties), 9315(c) and (d) (relating to secured party's
rights on disposition of collateral and in proceeds) and 9316(d)
and (e) (relating to effect of change in governing law), this
section provides the exclusive method of perfecting a security
interest in a snowmobile [or], ATV or OHM for which a
certificate of title is required under this subchapter.
(b) Snowmobiles [or], ATV's or OHM's without Pennsylvania
certificate of title.--If an owner creates a security interest
in a snowmobile [or], ATV or OHM for which a certificate of
title has not been issued by the department, the owner shall, at
the request of the secured party, promptly execute an
application for a certificate of title on a form prescribed by
the department showing the name and address of the secured
party. The owner shall tender the application, the existing
certificate of title, if any, and the required fee to the
department. A security interest in a snowmobile [or], ATV or OHM
is perfected at the time that such application, existing
certificate of title, if any, and required fee are received by
the department.
(c) Snowmobiles [or], ATV's or OHM's with Pennsylvania
certificate of title.--If an owner creates a security interest
in a snowmobile [or], ATV or OHM for which a certificate of
title has been issued by the department, the owner shall, at the
request of the secured party, promptly execute an application on
a form prescribed by the department showing the name and address
of the secured party. The owner shall tender the certificate of
title, together with the application and the required fee, to
the department. A security interest in a snowmobile [or], ATV or
OHM is perfected at the time such application, certificate of
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title and required fee are received by the department.
* * *
§ 7712.9. Satisfaction of security interest.
(a) Satisfaction of secured obligation.--Unless otherwise
agreed by the owner, within 15 days of the satisfaction of the
obligation secured by a security interest in a snowmobile [or],
ATV or OHM, the secured party shall mail or deliver the
certificate of title to the owner or to the department with a
statement of satisfaction signed by the secured party. Upon
receipt of the certificate of title and statement of
satisfaction, the department shall issue a corrected certificate
of title without an indorsement of such secured party's security
interest and mail the same to the holder of the first remaining
security interest or, if there is no remaining security
interest, the owner.
(b) Satisfaction of subordinate secured obligation.--If the
certificate of title for a snowmobile [or], ATV or OHM is in the
possession of a prior secured party, the subordinate secured
party whose obligation is satisfied shall mail or deliver to the
owner a signed statement of satisfaction in accordance with
subsection (a). Upon request of the owner and receipt of the
statement of satisfaction, the secured party in possession of
the certificate of title shall mail or deliver the certificate
of title, together with the statement of satisfaction, to the
department. Upon receipt of the certificate of title and
evidence of satisfaction, the department shall issue a corrected
certificate of title without an indorsement of the satisfied
security interest and mail the same to the prior secured party.
* * *
§ 7712.10. Release of security interest.
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A secured party that releases a security interest in a
snowmobile [or], ATV or OHM shall mail or deliver the
certificate of title to the owner with a statement of release
signed by the secured party, or the secured party may apply to
the department for a corrected certificate of title to be issued
in the name of the owner. Upon receipt of the certificate of
title and statement of release, the department shall issue a
corrected certificate of title without an indorsement of such
secured party and mail the same to the holder of the first
remaining security interest or, if there is no remaining secured
party, the owner.
§ 7712.12. Assignment by secured party of security interest.
(a) General rule.--A secured party may assign, absolutely or
otherwise, his security interest in a snowmobile [or], ATV or
OHM to a person other than the owner without affecting the
interest of the owner or the validity or perfection of the
security interest.
* * *
§ 7712.13. Exemptions.
The provisions of this subchapter relating to procedures for
perfecting, assigning and satisfying security interests do not
apply to:
(1) a lien given by statute or rule of law to a supplier
of services or materials for the snowmobile [or], ATV or OHM;
(2) a lien given by statute to the United States, the
Commonwealth or any political subdivision of the
Commonwealth;
(3) a security interest in a snowmobile [or], ATV or OHM
described in 13 Pa.C.S. § 9311(d) (relating to perfection of
security interests in property subject to certain statutes,
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regulations and treaties); or
(4) a snowmobile [or], ATV or OHM for which a
certificate of title is not required under this subchapter.
Section 7. Section 7715.1 heading and (a) of Title 75 are
amended and the section is amended by adding a subsection to
read:
§ 7715.1. Snowmobile [or], ATV or OHM purchased from dealer.
(a) General rule.--If a snowmobile [or], ATV or OHM is
purchased from a dealer, the dealer shall mail or deliver to the
department an application for a registration certificate or
limited registration certificate, an application for certificate
of title, any other required forms and the required fees within
15 days of the date of purchase.
(a.1) Except as provided in subsection (a), a dealer will
submit to the department an application for a registration
certificate or limited registration certificate, an application
for certificate of title, any other required forms and the
required fees only if requested by the purchaser of a non-street
legal OHM.
* * *
Section 8. Sections 7715.2(a)(5) and (b) introductory
paragraph, 7716(1) and (2), 7717 heading, (a), (b)(1) and (2)
and (f) and 7721(a), (b) introductory paragraph and (c)
introductory paragraph and (2) of Title 75 are amended to read:
§ 7715.2. Fees.
(a) Fees.--Except as provided in subsection (b), the
department shall collect the following fees:
* * *
(5) Transfer of registration pursuant to section 7711.1
(relating to registration of snowmobile [or], ATV or OHM),
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$5.
* * *
(b) Exemptions from fees.--Subsection (a) does not apply to
a snowmobile [or], ATV or OHM owned by:
* * *
§ 7716. Records.
The department shall maintain a record, which shall be made
available to all enforcement agencies, of:
(1) The registration number for each snowmobile [and],
ATV and OHM for which a registration certificate or limited
registration certificate is issued.
(2) The name and address of the owner of each snowmobile
[and], ATV and OHM for which a registration certificate or
limited registration certificate is issued.
* * *
§ 7717. Snowmobile [and], ATV and OHM Advisory Committee.
(a) Establishment.--There is hereby established under the
jurisdiction of the department a board known as the Snowmobile
[and], ATV and OHM Advisory Committee.
(b) Composition.--The committee shall consist of 17 members.
The members shall be as follows:
(1) The chairman and minority chairman of the
[Environmental Resources and Energy Committee] Community,
Economic and Recreational Development Committee of the
Senate.
(2) The chairman and minority chairman of the
[Environmental Resources and Energy Committee] Tourism and
Recreational Development Committee of the House of
Representatives.
* * *
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(f) Powers and duties.--The powers and duties of the
committee shall be to advise the Secretary of Conservation and
Natural Resources on matters concerning the implementation of
this chapter, including existing and proposed regulations,
standards, policies, guidelines and practices; use and operation
of snowmobiles [and], ATV's and OHM's on public and private
land; acquisition, construction, development and maintenance of
trails; enforcement; and allocation of fees collected by the
department pursuant to this chapter.
§ 7721. Operation on streets and highways.
(a) General rule.--Except as otherwise provided in this
chapter, it is unlawful to operate a snowmobile [or an], ATV or
OHM on any street or highway which is not designated and posted
as a snowmobile [or an], ATV or OHM road by the governmental
agency having jurisdiction.
(b) Emergency and bridge crossings.--A snowmobile [or an],
ATV or OHM may be operated on highways and streets:
* * *
(c) Crossing street or highway.--A snowmobile [or an], ATV
or OHM may make a direct crossing of a street or highway upon
compliance with the following requirements:
* * *
(2) The snowmobile [or], ATV or OHM is brought to a
complete stop before crossing the shoulder or main-traveled
way of the highway.
* * *
Section 9. Section 7722 heading, (a) and (c) of Title 75 are
amended and the section is amended by adding a subsection to
read:
§ 7722. Designation of snowmobile [and], ATV and OHM roads.
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(a) General rule.--The Department of Transportation on
State-designated highways and local authorities on any highway,
road or street within its jurisdiction may designate any
highway, road or street within its jurisdiction as a snowmobile
road, an ATV road[, or both,] or an OHM road and may, in its
discretion, determine whether such road shall be closed to
vehicular traffic or whether snowmobiles [and], ATV's and OHM's
may share this designated road with vehicular traffic.
(a.1) State forest land.--If a local authority designates a
roadway within its jurisdiction as open for snowmobile, ATV or
OHM use, or a combination, and the roadway is adjacent to or
adjoining State forest land, the department shall make roads and
trails in that forest available for the use of vehicles
regulated under this chapter.
* * *
(c) Liability.--There shall be no liability imposed on the
Department of Transportation or any other State agency or any
political subdivision of this Commonwealth as a result of
designating any highway, road or street as a snowmobile road
[or], an ATV road or an OHM road as provided in subsection (a).
Section 10. Sections 7723 and 7724(a) and (b)(1) and (2)(i)
and (ii) introductory paragraph and (B) of Title 75 are amended
to read:
§ 7723. Special snowmobile [and], ATV and OHM events.
(a) General rule.--Snowmobiles [and], ATV's and OHM's may be
operated on highways and streets for special snowmobile [and],
ATV and OHM events of limited duration which are conducted
according to a prearranged schedule under permit from the
governmental agency having jurisdiction.
(b) Authority of local authorities.--A local authority may
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block off highways and streets within its jurisdiction for the
purpose of allowing snowmobile [and], ATV and OHM races, rallies
or derbies. No State trunk highway or connecting street, or part
thereof, shall be blocked off by any local authority for any
snowmobile [or], ATV and OHM race, rally or derby.
(c) Notification and duty of police.--A local authority
shall notify the local police department and the county
sheriff's office at least one week in advance of the time and
place of any snowmobile [or], ATV or OHM race, rally or derby
which may result in any highway or street, or part thereof,
being blocked off. Upon such notice, the local police department
shall take such measures as it deems appropriate to protect
persons and property and to regulate traffic in the designated
area and its vicinity on the day of such race, rally or derby.
§ 7724. Operation on private or State property.
(a) Private real property.--
(1) No person shall operate a snowmobile [or], an ATV or
an OHM on private real property without the consent of the
owner thereof. Any person operating a snowmobile [or], an ATV
or an OHM 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 or
OHM from the premises.
(2) When a person operates a snowmobile [or], an ATV or
an OHM 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.
(b) State property.--
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(1) No person shall operate a snowmobile [or], an ATV or
an OHM 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[,
both,] or an OHM road and may, in its discretion,
determine whether the road shall be closed to vehicular
traffic or whether snowmobiles [and], ATV's and OHM'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
or OHM on State park or State forest land except as
follows:
* * *
(B) A person may operate a Class I ATV or OHM on
a road, trail or area that is designated and marked
by the department as open for ATV or OHM use or on
which the person has been given specific written
permission to operate the ATV or OHM.
* * *
Section 11. Section 7725(a), (e), (f), (g), (h) and (i) of
Title 75 are amended and the section is amended by adding a
subsection to read:
§ 7725. Operation by persons under age sixteen.
(a) Crossing street or highway.--No person under 16 years of
age shall drive a snowmobile [or], an ATV or an OHM across any
highway or connecting street thereto unless he is under the
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direct supervision of a person 18 years of age or older and
unless he holds a valid and appropriate safety certificate from
the Commonwealth or a valid and approved certificate issued
under the authority of another state or Province of Canada. The
department shall determine what certificates will be approved.
* * *
(e) Permitting unauthorized operation.--No owner of a
snowmobile [or], an ATV or an OHM shall authorize or permit the
operation thereof within this Commonwealth by any person under
16 years of age unless the person under 16 years of age is the
holder of a valid and appropriate safety certificate, or except
as authorized in subsections (b), (b.2) and (c).
(f) Certification of [snowmobile] safety instructors.--The
department may certify [snowmobile or ATV] safety instructors to
act as its agents in conducting classes and examinations and
issuing [snowmobile or ATV] safety certificates in its name.
(g) Operation on snowmobile [and], ATV and OHM roads.--No
person under 16 years of age may operate a snowmobile [or], an
ATV or an OHM on streets or highways designated under section
7722 (relating to designation of snowmobile [and], ATV and OHM
roads) as open to snowmobile [or], ATV or OHM and vehicular
traffic. A person under 16 years of age who holds the
appropriate safety certificate may operate a snowmobile [or], an
ATV or an OHM on roads designated under section 7724(b)
(relating to operation on private or State property) as open to
snowmobile [or], ATV or OHM and vehicular traffic, provided he
is under the direct supervision of a person 18 years of age or
older.
(h) Snowmobile [and], ATV and OHM safety program.--The
department shall implement a comprehensive snowmobile [and], ATV
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and OHM information, safety education and training program which
shall include the preparation and dissemination of information
and safety advice to the public and training of operators. The
program shall provide for the training of youthful operators and
others who wish to receive training. It shall also provide for
the issuance of snowmobile [or], ATV or OHM safety certificates
to those who successfully complete the training provided under
the program.
(h.1) Exemption from liability.--A public or private owner
of real property who authorizes the use of the owner's real
property for the purpose of a snowmobile, ATV or OHM safety
education and training program shall not be held civilly liable
for any injury or death to a person or damage to property that
may occur during the course or instruction or training except
for willful or malicious failure to warn against a dangerous
condition, use, structure or activity.
(i) Cooperation with other organizations.--In implementing a
program which is established under this section, the department
shall cooperate with private organizations and associations,
private and public corporations, the Department of Education and
local governmental units. The department shall consult with
snowmobile, ATV, OHM and environmental organizations and
associations in regard to subject matter of a training program
that leads to certification of snowmobile [and], ATV and OHM
operators.
Section 12. Sections 7726(a) introductory paragraph, (b) and
(c) introductory paragraph, (2) and (5), 7727, 7728, 7729(a) and
7730(a), (b) and (c) of Title 75 are amended to read:
§ 7726. Operation in safe manner.
(a) General rule.--No person shall operate a snowmobile
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[or], an ATV or an OHM in any of the following ways:
* * *
(b) Permitting unsafe operation.--No owner or other person
having charge or control of a snowmobile [or], an ATV or an OHM
shall knowingly authorize or permit the operation of the
snowmobile [or], ATV or OHM by any person who is incapable to do
so by reason of age, physical or mental disability, or who is
under the influence of alcohol or any controlled substance.
(c) Operation on highways and streets open to snowmobiles
[or], ATV's or OHM's and vehicular traffic.--No person shall
operate a snowmobile [or], ATV or OHM in any of the following
ways on highways and streets open to snowmobiles [or], ATV's or
OHM's and vehicular traffic:
* * *
(2) Ride two snowmobiles [or], ATV's or OHM's abreast.
Snowmobiles [and], ATV's and OHM's shall be operated in
single file except when overtaking another vehicle. The
driver of any vehicle overtaking another vehicle proceeding
in the same direction shall pass at a safe distance to the
left thereof, until safely clear of such overtaken vehicle.
Nothing in this section shall be construed to prohibit a
driver overtaking the passing upon the right of another
vehicle which is making or about to make a left turn. The
driver of a vehicle shall not drive to the left side of the
center of a highway in overtaking or passing another vehicle
proceeding in the same direction, unless the left side is
clearly visible and is free of oncoming traffic for a
sufficient distance ahead to permit the overtaking or passing
to be made in safety.
* * *
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(5) Without a securely fastened helmet on the head of an
individual who operates or is a passenger on a snowmobile
[or], ATV or OHM or who is being towed or otherwise propelled
by a snowmobile. The department shall specify the types of
helmets allowed through rules and regulations.
§ 7727. Additional limitations on operation.
Except as otherwise permitted under Title 34 (relating to
game), no person shall:
(1) Operate or ride in any snowmobile [or], ATV or OHM
with any bow and arrows or with any firearm in his possession
unless it is unstrung or unloaded.
(2) Drive or pursue any game or wildlife with a
snowmobile [or], an ATV or an OHM.
§ 7728. Accidents and accident reports.
(a) Duty to stop and provide information.--Whenever any
snowmobile [or], ATV or OHM is involved in an accident resulting
in loss of life, personal injury or damage to property and the
operator thereof has knowledge of such accident, he shall stop
and give his name and address, the name and address of the owner
thereof and the registration number of the snowmobile [or], ATV
or OHM to the injured person or the person sustaining the damage
or to a police officer. In case no police officer nor the person
sustaining the damage is present at the place where the damage
occurred, then the operator shall immediately report, as soon as
he is physically able, the accident to the nearest law
enforcement agency.
(b) Report of accident to department.--The operator of any
snowmobile [or], ATV or OHM involved in any accident resulting
in injuries to or death of any person or resulting in property
damage to the estimated amount of $100 or more shall, within
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seven days after such accident, report the matter in writing to
the department. If the operator is physically incapable of
making the report and there is another participant in the
accident not so incapacitated, the participant shall make the
report within the prescribed period of time after the accident.
In the event that there is no other participant and the operator
is other than the owner, then the owner shall within the
prescribed period of time, after learning of the facts of such
accident, report the matter to the department, together with
such information as may have come to his knowledge relating to
such accident. Every operator or owner of a snowmobile [or], an
ATV or an OHM in an accident, or surviving participant of any
such accident, shall make such other and additional reports as
the department shall require.
(c) Report by law enforcement officer.--A law enforcement
officer who investigates or receives information of an accident
involving a snowmobile [or], an ATV or an OHM shall make a
written report of the investigation or information received, and
such additional facts relating to the accident as may come to
his knowledge, and mail the same within 48 hours to the
department and keep a record thereof in his office.
(d) Exception.--This section does not apply when property
damage is sustained in sanctioned snowmobile [or], ATV or OHM
races, derbies and rallies.
§ 7729. Liability of owner for negligence.
(a) General rule.--Negligence in the use or operation of a
snowmobile [or], an ATV or an OHM is attributable to the owner.
Every owner of a snowmobile [or], an ATV or an OHM used or
operated in this Commonwealth shall be liable and responsible
for death or injury to person or damage to property resulting
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from negligence in the use or operation of such snowmobile [or],
ATV or OHM by any person using or operating the snowmobile [or],
ATV or OHM with the permission, express or implied, of such
owner.
* * *
§ 7730. Liability insurance.
(a) Requirement.--A snowmobile [or], ATV or OHM for which
registration is required under this chapter shall have liability
insurance coverage for the snowmobile [or], ATV or OHM issued by
an insurance carrier authorized to do business in this
Commonwealth. This subsection does not apply to limited
registrations.
(b) Proof of insurance.--Proof of insurance as required by
this section shall be produced and displayed by the owner or
operator of such snowmobile [or], ATV or OHM upon the request of
any magistrate or any person having authority to enforce the
provisions of this chapter or to any person who has suffered or
claims to have suffered either personal injury or property
damage as a result of the operation of such snowmobile [or], ATV
or OHM. It shall be an affirmative defense to any prosecution
for a violation of this section that such proof was so produced
within 72 hours of receiving notice of such violation, injury or
damage or the claim of such injury or damage.
(c) Owner's responsibility.--No owner of a snowmobile [or],
ATV or OHM shall operate or permit the same to be operated
without having in full force and effect liability insurance
coverage required by this section. The operator of a snowmobile
[or], ATV or OHM shall carry proof of insurance on his person or
on the snowmobile [or], ATV or OHM when it is in operation.
* * *
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Section 13. Section 7741(a) and (b) of Title 75 are amended
and the section is amended by adding a subsection to read:
§ 7741. Head lamps and tail lamps.
(a) Time of operation.--Every snowmobile [or], ATV or OHM
operated during hours of darkness shall display a lighted head
lamp and tail lamp. The lights shall be in operation during the
period of from one-half hour after sunset to one-half hour
before sunrise and at any time when, due to insufficient light
or unfavorable atmospheric conditions caused by fog or
otherwise, other persons, vehicles and other objects are not
clearly discernible for a distance of 500 feet ahead.
(b) Head lamp requirements.--The head lamp shall display
white light of sufficient illuminating power to reveal any
person, vehicle or substantial object at a distance of 100 feet
ahead.
(1) If the snowmobile [or], ATV or OHM is equipped with
a multiple beam head lamp, the upper beam shall meet the
minimum requirements set forth in this section and the
lowermost beam shall be so aimed and of sufficient intensity
to reveal persons and vehicles at a distance of at least 50
feet ahead.
(2) If the snowmobile [or], ATV or OHM is equipped with
a single beam head lamp, the lamp shall be so aimed that when
the vehicle is loaded none of the high intensity portion of
the light, at a distance of 75 feet ahead, projects higher
than the level of the center of the lamp from which it comes.
* * *
(d) Construction.--Nothing in this section shall be
construed to require that an OHM be equipped with head lamps or
tail lamps as a requirement of sale.
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Section 14. Sections 7742(b), 7743(a) and (b), 7751(b) and
(d) and 7752(d)(1) of Title 75 are amended to read:
§ 7742. Brakes.
* * *
(b) ATV's and OHM's.--It is unlawful to operate an ATV or an
OHM which is not equipped with a braking system which may be
operated by hand or foot, capable of producing deceleration of
14 feet per second on level ground at a speed of 20 miles per
hour, and the design must permit simple and easy adjustment to
compensate for wear.
§ 7743. Mufflers and sound control.
(a) General rule.--It is unlawful to operate a snowmobile
[or], an ATV or an OHM which is not equipped at all times with a
muffler in good working order which blends the exhaust sound
into the overall snowmobile [or], ATV or OHM sound and is in
constant operation to prevent excessive or unusual sound. The
exhaust system shall not emit or produce a sharp popping or
crackling sound. The sound intensity produced by a snowmobile
shall not exceed 82dbA when measured in accordance with SAE
Recommended Practice J 192 Exterior Sound Level for Snowmobiles,
as amended. The department may by regulation adopt more
stringent sound requirements for snowmobiles. The department
shall by regulation adopt sound requirements for in-use
operation of ATV's and OHM's using measurement procedures in
accordance with SAE Recommended Practice J 1287 July 1998,
Measurement of Exhaust Level of Stationary Motorcycles. The
sound level intensity produced by an ATV or an OHM manufactured
before January 1, 1998, shall not exceed 99dbA, or decibels,
when measured at 20 inches. The sound level intensity produced
by an ATV or an OHM manufactured on or after January 1, 1998,
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shall not exceed 96dbA, or decibels, when measured at 20 inches.
(b) Modified mufflers prohibited.--It is unlawful to modify
a muffler or to operate a snowmobile [or], an ATV or an OHM with
a modified muffler so as to increase the sound level of the
snowmobile [or], ATV or an OHM above the level allowed by this
section.
* * *
§ 7751. Enforcement personnel and procedures.
* * *
(b) Forms and procedures.--The department may prescribe the
form of summons or complaint, or both, in all cases involving a
violation of any provision of this chapter or of any ordinance,
rule or regulation relating to snowmobiles [or], ATV's or OHM's,
or of any class or category of such cases, and may establish
procedures for proper administrative controls over the
disposition thereof.
* * *
(d) Rules and regulations.--The department [may] shall
promulgate such rules and regulations [as may be deemed
necessary] to accomplish the purposes and enforce the provisions
of this section including requirements for reporting by trial
courts having jurisdiction over snowmobile [and], ATV and OHM
violations.
§ 7752. Penalties for violation of chapter.
* * *
(d) Registration.--
(1) A person who violates section 7711.1 (relating to
registration of snowmobile [or], ATV or OHM) or 7711.2
(relating to limited registration of snowmobile [or], ATV or
OHM) by failing to obtain the required registration
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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.
* * *
Section 15. This act shall take effect as follows:
(1) The following shall take effect immediately:
(i) The amendment of 75 Pa.C.S. §§ 7717 and 7722.
(ii) This section.
(2) The remainder of this act shall take effect in 60
days.
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