PRIOR PRINTER'S NOS. 1623, 1686, 1719
PRINTER'S NO. 1731
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1183
Session of
2022
INTRODUCED BY BROWNE, SCAVELLO AND FONTANA, MAY 3, 2022
AS AMENDED ON THIRD CONSIDERATION, JUNE 8, 2022
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 75
(Vehicles) of the Pennsylvania Consolidated Statutes, in
forfeiture of assets, further providing for asset forfeiture;
and, in snowmobiles and all-terrain vehicles, further
providing for operation on streets and highways.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5803(a) of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 5803. Asset forfeiture.
(a) Applicability.--Notwithstanding any law to the contrary,
this section shall apply to forfeitures conducted under the
following:
* * *
(13.1) 75 Pa.C.S. § 7721(d) (relating to operation on
streets and highways).
* * *
Section 2. Section 7721 of Title 75 is amended to read:
§ 7721. Operation on streets and highways.
(a) General rule.--Except as otherwise provided in this
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chapter, it is unlawful to operate a snowmobile, dirt bike or an
ATV on any street or highway which is not designated and posted
as a snowmobile, dirt bike or an ATV road by the governmental
agency having jurisdiction.
(b) Emergency and bridge crossings.--A snowmobile, dirt bike
or an ATV may be operated on highways and streets:
(1) During periods of emergency when so declared by a
policy agency having jurisdiction.
(2) When necessary to cross a bridge or culvert.
(c) Crossing street or highway.--A snowmobile, dirt bike or
an ATV may make a direct crossing of a street or highway upon
compliance with the following requirements:
(1) The crossing is made at an angle of approximately 90
degrees to the direction of the highway and at a place where
no obstruction prevents a quick and safe crossing.
(2) The snowmobile, dirt bike or ATV is brought to a
complete stop before crossing the shoulder or main-traveled
way of the highway.
(3) The driver yields the right-of-way to all oncoming
traffic which constitutes an immediate hazard.
(4) In crossing a divided highway, the crossing is made
only at an intersection of such highway with another public
street or highway.
(d) Penalties.-- Except as provided under subsection (e), a
dirt bike or all-terrain vehicle operated on any public street,
highway or right-of-way in a city of the first class, second
class, second class A or third class or a borough in violation
of this section shall be designated as prima facie contraband
subject to forfeiture in accordance with 42 Pa.C.S. § 5803
(relating to asset forfeiture).
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(e) Applicability.--The provisions of subsection (d) do not
apply to a city of the FIRST CLASS, SECOND CLASS, SECOND CLASS A
OR third class or borough that has adopted an ordinance allowing
for the operation of an ATV within the city of the FIRST CLASS,
SECOND CLASS, SECOND CLASS A OR third class or borough in
accordance with section 7722(a) (relating to designation of
snowmobile and ATV roads) or 7724(b) (relating to operation on
private or State property).
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Dirt bike." A two-wheeled motorcycle that is designed and
manufactured for off-road use only and that does not comply with
Federal motor vehicle safety standards or United States
Environmental Protection Agency on-road emissions standards.
Section 3. This act shall take effect in 60 days.
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