VEHICLE CODE (75 PA.C.S.) - LEARNERS' PERMITS, DRIVERS OF EMERGENCY
 VEHICLES, CHILD PASSENGER RESTRAINT FUND, ORAL HAZARD WARNINGS AND CIVIL
                 IMMUNITY FOR LENDERS OF CHILD PASSENGER
                  Act of Jul. 15, 2004, P.L. 694, No. 75              Cl. 75
                             Session of 2004
                               No. 2004-75

     HB 1130

                                  AN ACT

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, further providing for learners' permits, for
        drivers of emergency vehicles, for the Child Passenger
        Restraint Fund, for oral hazard warnings and for civil
        immunity for lenders of child passenger restraint systems.

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

        Section 1.  Sections 1505 and 1607(d) of Title 75 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 1505.  Learners' permits.
        (a)  General rule.--A person who desires to obtain a driver's
     license or who desires to be licensed in a class for which the
     person is not already licensed shall apply to the department for
     the class or classes of license in which the person desires to
     be licensed. The department shall issue to each applicant a
     learner's permit which shall clearly identify the class of
     license applied for as provided in section 1504 (relating to
     classes of licenses).
        (b)  Learner must be accompanied.--A learner's permit
     entitles the person to whom it was issued to drive vehicles and
     combinations of vehicles of the class or classes specified, but
     only while the holder of the learner's permit is accompanied by
     and under the immediate supervision of a person who:
            (1)  is at least 21 years of age or, if the spouse of the
        learner's permit holder, is at least 18 years of age; or, if
        a parent, guardian or person in loco parentis of the
        learner's permit holder, is at least 18 years of age;
            (2)  is licensed [in this Commonwealth] to drive vehicles
        of the class then being driven by the holder of the learner's
        permit; and
            (3)  is actually occupying a seat beside the holder of
        the learner's permit unless the vehicle is a motorcycle.
        (c)  Operation of motorcycle.--A motorcycle learner's permit
     entitles the person to whom it is issued to operate a motorcycle
     only between sunrise and sunset and, except for a driver
     licensed to drive another class of vehicle, only while under the
     instruction and immediate supervision of a licensed motorcycle
     operator. Motorcycle learners shall not carry any passenger
     other than an instructor properly licensed to operate a
     motorcycle.
        (d)  Duration of permit.--A learner's permit shall be valid
     for a period of one year after date of issue, or until the
     holder of the permit has failed the examination as authorized in
     section 1508 (relating to examination of applicant for driver's
     license) three times within the one-year period.
        (e)  Authorization to test for driver's license and junior
     driver's license.--A person with a learner's permit is
     authorized to take the examination for a regular or junior
     driver's license for the class of vehicle for which a permit is
     held. Before a person under the age of 18 years may take the
     examination for a junior driver's license, the minor must:
            (1)  Have held a learner's permit for that class of
        vehicle for a period of six months.
            (2)  Present to the department a certification form
        signed by the father, mother, guardian, person in loco
        parentis or spouse of a married minor stating that the minor
        applicant has completed 50 hours of practical driving
        experience accompanied as required under subsection (b).
        Submission of a certification shall not subject the parent,
        guardian, person in loco parentis or spouse of a married
        minor to any liability based upon the certification.
            (3)  Have the certification form completed when the minor
        is ready for the licensing examination. The certification
        form shall be developed by the department and will be
        provided by the department when the original application for
        a learner's permit is processed. The department will make
        this form readily available through the mail or electronic
        means.
        (f)  Filing a false certification.--Any person who knowingly
     files a false certification commits a summary offense under
     section 6502 (relating to summary offenses).
      § 1607.  Commercial driver's license qualification standards.
        * * *
        (d)  Commercial driver learner's permit.--
            (1)  The department shall issue a commercial driver
        learner's permit in accordance with section 1505 (relating to
        learners' permits).
            (2)  A commercial driver learner's permit is required for
        the addition of endorsements and the removal of restrictions
        established under this chapter, including those established
        by regulation.
            (3)  Before a person may take the examination for a
        commercial driver's license, the person must have held a
        learner's permit for [30] 15 days for the class of vehicle
        the person intends to drive [and the requisite endorsements].
        Section 2.  Section 3105 of Title 75 is amended by adding a
     subsection to read:
      § 3105.  Drivers of emergency vehicles.
        * * *
        (h)  Limitations relating to school buses.--Notwithstanding
     the provisions of subsection (b)(4), the driver of an emergency
     vehicle shall come to a complete stop when a school bus flashes
     its red signal lights and activates its side stop signal arms.
     After stopping, the driver of the emergency vehicle may pass the
     school bus only after exercising due diligence and caution for
     the safety of the students in a manner that will not risk the
     safety of the students.
        Section 3.  Sections 4582, 4584 and 4586 of Title 75 are
     amended to read:
      § 4582.  Child Passenger Restraint Fund.
        A Child Passenger Restraint Fund is established in the
     General Fund as a special restricted receipts account hereby
     earmarked for and appropriated to the department. This fund
     shall consist of all fines deposited pursuant to section 4581(b)
     (relating to restraint systems), all Federal funds granted for
     said use and any moneys donated into the fund. All such funds
     shall be used solely for the purpose of purchasing Federally
     approved child restraint seats or appropriately fitting child
     booster seats and making such seats available to qualified
     loaner programs within the Commonwealth. A qualified loaner
     program shall be one determined by the department to loan
     Federally approved child restraint seats or appropriately
     fitting child booster seats to parents or legal guardians of
     children under [four] eight years of age who, due to financial
     or economic hardship, are unable to comply with the provisions
     of this subchapter. The department shall adopt such regulations
     as are necessary to effectuate the purpose of this section.
      [§ 4584.  Oral hazard warning.
        An oral hazard warning shall be given by the State Police or
     local law enforcement officer to operators of motor vehicles in
     which children under four years of age are passengers and are
     not restrained by the use of seat restraints. The officer may
     advise and urge utilization of seat safety belts that are
     available in the vehicle and may note that, for children under
     four years of age, greater protection could be provided by
     acquiring and utilizing a separate Federally approved child
     restraint seat. The officer shall notify the parent or legal
     guardian who is in violation of section 4581 (relating to
     restraint systems) that, after January 1, 1985, a fine shall be
     imposed for such violation.]
      § 4586.  Civil immunity for child passenger safety technicians
                and lenders of child passenger restraint systems and
                booster seats.
        (a)  Technician immunity.--A child passenger safety
     technician or sponsoring organization shall not be civilly
     liable for an act or omission that occurs solely in the
     inspection, installation or adjustment of a child passenger
     restraint system or child booster seat in a motor vehicle or in
     the giving of advice or assistance regarding the installation or
     adjustment of a child passenger restraint system or child
     booster seat in a motor vehicle if:
            (1)  the child passenger safety technician acts in good
        faith and within the scope of the training for which the
        technician is currently certified;
            (2)  the act or omission does not constitute gross
        negligence or willful or wanton misconduct;
            (3)  the inspection, installation or adjustment of the
        child passenger restraint system or child booster seat or the
        advice or assistance is provided without fee or charge to the
        owner or operator of the motor vehicle; and
            (4)  the inspection, installation or adjustment of the
        child passenger restraint system or child booster seat is not
        provided in conjunction with the for-profit sale of the child
        passenger restraint system or child booster seat.
        (b)  Lender immunity.--No person or organization who or which
     lends to another person or organization a child passenger
     restraint system or appropriately fitting child booster seats,
     as described in section 4581 (relating to restraint systems),
     shall be liable for any civil damages resulting from any acts or
     omission, except any act or omission intentionally designed to
     harm, or any grossly negligent act or omission resulting in harm
     to another.
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Child passenger safety technician."  An individual who holds
     a current certification as a child passenger safety technician
     or technician instructor by the National Highway Traffic Safety
     Administration of the United States Department of
     Transportation, the American Automobile Association or other
     entity designated by the National Highway Traffic Safety
     Administration.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 15th day of July, A. D. 2004.

     EDWARD G. RENDELL