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A07152
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1646
Session of
2017
INTRODUCED BY B. MILLER, TAYLOR, MILLARD, DRISCOLL, MALONEY,
W. KELLER, MENTZER, NEILSON, STURLA, HELM, DIAMOND, RYAN AND
LONGIETTI, JULY 7, 2017
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 25, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in licensing of drivers, further providing for
suspension of operating privilege; and, in miscellaneous
provisions, further providing for careless driving.
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:
Section 1. The definitions of "pedestrian" and "serious
bodily injury" in section 102 of Title 75 of the Pennsylvania
Consolidated Statutes are amended and the section is amended by
adding definitions 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
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indicates otherwise, the meanings given to them in this section:
* * *
"Vulnerable highway user." A pedestrian or a person on
roller skates, inline skates, a skateboard, motor-driven cycle,
motorcycle, pedalcycle, motorized pedalcycle, pedalcycle with
electric assist, an animal, an animal drawn vehicle, a farm
vehicle or a wheelchair.
"Bodily injury." As defined in 18 Pa.C.S. § 2301 (relating
to definitions).
* * *
"Pedestrian." A natural person afoot[.] or in a self-
propelled wheelchair or an electrical mobility device operated
by and designed for the exclusive use of a person with a
mobility-related disability.
* * *
"Serious bodily injury." [Any bodily injury which creates a
substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function
of any bodily member or organ] As defined in 18 Pa.C.S. § 2301.
* * *
"Vulnerable highway user." A natural person afoot, on
wheels, directed by a farm or service animal or other device and
is lawfully on a highway. This term shall include a farm vehicle
and a natural person transported by another natural person.
* * *
Section 2. Sections 1532(a) and (b)(1) and (5) and 3714 are
amended to read:
§ 1532. Suspension of operating privilege.
(a) One-year suspension.--The department shall suspend the
operating privilege of any driver for one year upon receiving a
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certified record of the driver's conviction of or an
adjudication of delinquency based on any of the following
offenses:
(1) Any felony in the commission of which a court
determines that a vehicle was essentially involved.
(3) Any violation of the following provisions:
Section 3714(b.1) (relating to careless driving).
Section 3735.1 (relating to aggravated assault by
vehicle while driving under the influence).
Section 3742 (relating to accidents involving death
or personal injury).
Section 3742.1 (relating to accidents involving death
or personal injury while not properly licensed).
Section 7111 (relating to dealing in titles and
plates for stolen vehicles).
Section 7121 (relating to false application for
certificate of title or registration).
Section 7122 (relating to altered, forged or
counterfeit documents and plates).
* * *
(b) Suspension.--
(1) The department shall suspend the operating privilege
of any driver for six months upon receiving a certified
record of the driver's conviction of or an adjudication of
delinquency based on any offense under the following
provisions:
Section 3367 (relating to racing on highways).
Section 3714(b)[(relating to careless driving)] or
(c.1).
Section 3734 (relating to driving without lights to
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avoid identification or arrest).
Section 3736 (relating to reckless driving).
Section 3743 (relating to accidents involving damage
to attended vehicle or property).
* * *
(5) The department shall suspend the operating privilege
of any driver for three months upon receiving a certified
record of the driver's conviction of or an adjudication of
delinquency based on section 3714(c) or (c.2).
* * *
§ 3714. Careless driving.
(a) General rule.--Any person who drives a vehicle in
careless disregard for the safety of persons or property is
guilty of careless driving, a summary offense.
(b) Unintentional death.--[If] Except as provided in
subsection (b.1), if the person who violates this section
unintentionally causes the death of another person as a result
of the violation, the person shall, upon conviction, be
sentenced to pay a fine of $500.
(b.1) Death involving a vulnerable highway user.--If the
person who violates this section causes the death of a
vulnerable highway user as a result of the violation, the person
shall, upon conviction, be sentenced to pay a fine of not more
than $10,000.
(c) Serious bodily injury.--[If] Except as provided in
subsection (c.1), if the person who violates this section
unintentionally causes the serious bodily injury of another
person as a result of the violation, the person shall, upon
conviction, be sentenced to pay a fine of $250.
(c.1) Serious bodily injury to a vulnerable highway user.--
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If the person who violates this section causes the serious
bodily injury of a vulnerable highway user as a result of the
violation, the person shall, upon conviction, be sentenced to
pay a fine of not more than $5,000.
(c.2) Bodily injury to a vulnerable highway user.--If a
person who violates this section causes the bodily injury of a
vulnerable highway user as a result of the violation, the person
shall, upon conviction, be sentenced to pay a fine of not more
than $1,000.
Section 3. This act shall take effect in 60 120 days.
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