PRINTER'S NO. 856
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
880
Session of
2023
INTRODUCED BY SMITH, MOUL, HAMM, ROZZI, ROWE, ZIMMERMAN, TOPPER,
GREGORY, JOZWIAK, ARMANINI AND MARSHALL, APRIL 10, 2023
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 10, 2023
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in financial responsibility, providing for
utility terrain vehicles; in special vehicles and
pedestrians, providing for operation of utility terrain
vehicles; in miscellaneous provisions, further providing for
off-road vehicles in urban municipalities; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Utility terrain vehicle" or "UTV." A motorized off-highway
vehicle equipped with four or more tires, bucket seats or bench
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seats, not including a saddle, that has:
(1) a maximum width of 64 inches and a maximum dry
weight of 1,700 pounds;
(2) a width that exceeds 64 inches or a dry weight that
exceeds 1,700 pounds.
The term does not include an ATV, snowmobile, trail bike,
motorboat, golf cart, aircraft, dune buggy, automobile,
construction machine, truck or home utility machine; military,
fire, emergency and law enforcement vehicle; implement of
husbandry; multipurpose agricultural vehicle; vehicle used by
the department; a vehicle that is or is required to be
registered under Chapter 13 (relating to registration of
vehicles); or off-road motor vehicle used exclusively as a
utility vehicle for an agricultural or business operation and
incidentally operated or moved upon the highway.
* * *
Section 2. Title 75 is amended by adding a section to read:
§ 1789. Utility terrain vehicles.
(a) Minimum coverage requirements.--A utility terrain
vehicle that is registered or operated on a highway shall be
covered by the financial responsibility required under
Subchapter A (relating to general provisions).
(b) Exemption from other coverages.--For a utility terrain
vehicle, a person may not be required to purchase and an insurer
may not be required to offer or make available any other
coverage contained in this chapter.
Section 3. Chapter 35 of Title 75 is amended by adding a
subchapter to read:
SUBCHAPTER G
OPERATION OF UTILITY TERRAIN VEHICLES
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Sec.
3597. Scope of subchapter.
3597.1. Required equipment.
3597.2. Display of registration plate.
3597.3. Operation on certain highways or roadways.
3597.4. Same treatment as passenger cars.
3597.5. Seating limitation.
§ 3597. Scope of subchapter.
This subchapter applies to the operation of utility terrain
vehicles on certain highways or roadways in this Commonwealth.
§ 3597.1. Required equipment.
(a) General rule.--A utility terrain vehicle operated upon a
highway or roadway in this Commonwealth shall be maintained in
proper condition, comply with the equipment requirements and
standards specified in 49 CFR 571.500 (relating to Standard No.
500; Low-speed vehicles) and be equipped with the following
additional equipment:
(1) Brakes adequate to control the movement of and to
stop the vehicle.
(2) An odometer.
(3) A speedometer.
(4) The original manufacturer's vehicle identification
number die stamped upon the body or frame, or both, of the
vehicle or the original manufacturer's vehicle identification
number die stamped upon the engine or motor of the vehicle.
(5) A horn.
(6) Headlights.
(7) Taillights.
(8) Turn signals.
(9) Rearview mirrors.
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(10) A windshield with a windshield wiper, unless the
operator and any passenger wear eye protection.
(11) A tail lamp or other lamp constructed and placed to
illuminate the registration plate.
(b) Exemptions.--
(1) A utility terrain vehicle shall be exempt from
equipment requirements not enumerated in this subchapter.
(2) A utility terrain vehicle registered outside of this
Commonwealth shall not be found in violation of this
subchapter, provided the UTV is in full compliance with this
subchapter and subsection (a).
(3) A utility terrain vehicle shall not be subject to
emissions or safety inspections.
(4) A utility terrain vehicle shall be exempt from the
requirements of this subchapter if being operated in
accordance with sections 7722 (relating to designation of
snowmobile and ATV roads) and 7723 (relating to special
snowmobile and ATV events).
(c) Penalties.--An individual who operates a utility terrain
vehicle without the equipment prescribed in subsection (a) shall
be subject to the penalties under section 6502 (relating to
summary offenses).
§ 3597.2. Display of registration plate.
(a) General rule.--A registration plate for a utility
terrain vehicle shall, at all times, be securely fastened to the
UTV to which it is assigned or on which the UTV's use is
authorized in accordance with regulations promulgated by the
department.
(b) UTV registration plate.--The department shall produce a
registration plate for a UTV that displays the identifying
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characters on the plate. The department shall issue the plate
upon application and payment of the fee in subsection (c).
(c) Fees.--The department shall collect an annual
registration fee of $30 which fee shall be distributed as
follows:
(1) Ten dollars to the Motor License Fund.
(2) Ten dollars to the ATV Management Restricted
Account.
(3) Ten dollars to the municipality of which the
registrant resides.
§ 3597.3. Operation on certain highways or roadways.
(a) Operation on State highways.--
(1) Except as otherwise provided under paragraph (2), a
utility terrain vehicle may not be operated upon a highway or
roadway under the jurisdiction of the department with a
posted speed in excess of 55 miles per hour.
(2) The secretary may, by order, permit the use of a
utility terrain vehicle upon a highway or roadway under the
jurisdiction of the department where the posted speed limit
is greater than 55 miles per hour but not greater than 65
miles per hour.
(3) An order issued by the secretary under paragraph (2)
shall be transmitted to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin.
(4) Except as otherwise provided under paragraph (2), a
utility terrain vehicle may not be operated upon a limited
access highway or divided highway.
(b) Operation on local roadways.--
(1) Except as otherwise provided under paragraph (2) or
(3), a utility terrain vehicle may not be operated upon a
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highway or roadway under the jurisdiction of a local
authority with a posted speed limit in excess of 45 miles per
hour.
(2) A local authority may, by ordinance or resolution,
as appropriate, in the case of any roadway under the local
authority's jurisdiction, permit the use of a utility terrain
vehicle where the posted speed limit is greater than 45 miles
per hour but not greater than 55 miles per hour.
(3) A local authority may, by ordinance or resolution,
as appropriate, prohibit the use of a utility terrain vehicle
on a roadway under the local authority's jurisdiction where
the local authority determines that the operation of a
utility terrain vehicle would constitute a hazard.
(c) Violation.--A person who operates a utility terrain
vehicle upon a highway or roadway in violation of this section
shall be subject to the penalties under section 6502 (relating
to summary offenses).
§ 3597.4. Same treatment as passenger cars.
Except as otherwise provided in this subchapter, a utility
terrain vehicle shall be considered a passenger car for the
purposes of Part II (relating to title, registration and
licensing) and section 4581 (relating to restraint systems).
§ 3597.5. Seating limitation.
A utility terrain vehicle may not be operated:
(1) at a time during which the number of passengers
exceeds the number of available safety belts in the UTV; or
(2) on a highway with a speed limit in excess of 45
miles per hour, if a passenger requires a child passenger
restraint system or booster seat.
Section 4. Section 3722(a) of Title 75, added July 11, 2022
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(P.L.1596, No.92), is amended to read:
§ 3722. Off-road vehicles in urban municipalities.
(a) Prohibition.--Except as provided in Subchapter G of
Chapter 35 (relating to operation of utility terrain vehicles),
Subchapter C of Chapter 77 (relating to operation), subsection
(b) or otherwise provided by this title or other law of this
Commonwealth, including local ordinances adopted by urban
municipalities, no individual may operate an all-terrain vehicle
or a dirt bike on any of the following public areas within the
boundaries of an urban municipality:
(1) A highway, including the berm or shoulder.
(2) A sidewalk.
(3) A pedalcycle lane.
* * *
Section 5. This act shall take effect in 60 days.
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