Trial Engrossment of Amendment A05174 to Senate Bill 1183 P.N. 1782, Regular Session 2021-2022

HOUSE AMENDED

A05174

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1183

Session of

2022

INTRODUCED BY BROWNE, SCAVELLO AND FONTANA, MAY 3, 2022

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 15, 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. IN

MISCELLANEOUS PROVISIONS, PROVIDING FOR OFF-ROAD VEHICLES IN

URBAN MUNICIPALITIES; AND, IN SNOWMOBILES AND ALL-TERRAIN

VEHICLES, FURTHER PROVIDING FOR DEFINITIONS.

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

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.

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

A05174 - 2 -

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).

(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.

(13.1) 75 PA.C.S. § 3721 (RELATING TO OFF-ROAD VEHICLES

IN URBAN MUNICIPALITIES).

* * *

SECTION 2. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:

§ 3721. OFF-ROAD VEHICLES IN URBAN MUNICIPALITIES.

(A) PROHIBITION.--EXCEPT AS PROVIDED IN 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:

A05174 - 3 -

(1) A HIGHWAY, INCLUDING THE BERM OR SHOULDER.

(2) A SIDEWALK.

(3) A PEDALCYCLE LANE.

(B) EXCEPTION FOR CROSSING.--SUBSECTION (A) SHALL NOT APPLY

TO THE OPERATION OF A DIRT BIKE WHILE MAKING A DIRECT CROSSING

OF A HIGHWAY IN COMPLIANCE WITH ALL OF 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 DIRT BIKE IS BROUGHT TO A COMPLETE STOP BEFORE

CROSSING THE SHOULDER OR MAIN-TRAVELED WAY OF THE HIGHWAY.

(3) THE INDIVIDUAL 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 THE HIGHWAY WITH ANOTHER HIGHWAY.

INDIVIDUAL WHO VIOLATES SUBSECTION (A) COMMITS A SUMMARY OFFENSE

AND SHALL, UPON CONVICTION:

(1) FOR A FIRST OFFENSE, BE SENTENCED TO PAY A FINE OF

NOT LESS THAN $50 NOR MORE THAN $200 AND COSTS OF PROSECUTION

AND, IN DEFAULT OF THE PAYMENT OF THE FINE OR COSTS, BE

IMPRISONED FOR NOT MORE THAN 10 DAYS.

(2) FOR A SUBSEQUENT OFFENSE, BE SENTENCED TO PAY A FINE

OF NOT LESS THAN $100 NOR MORE THAN $300 AND COSTS OF

PROSECUTION AND, IN DEFAULT OF THE PAYMENT OF THE FINE OR

COSTS, BE IMPRISONED FOR NOT MORE THAN 30 DAYS.

(D) PROHIBITION ON SIMILAR CITATIONS.--NO PERSON MAY BE

CHARGED WITH A VIOLATION OF SUBCHAPTER C OF CHAPTER 77

CONCURRENTLY WITH A VIOLATION OF SUBSECTION (A) FOR AN OFFENSE

A05174 - 4 -

COMMITTED AT THE SAME TIME AND PLACE.

(E) FORFEITURE.--AN ALL-TERRAIN VEHICLE OR DIRT BIKE

OPERATED IN VIOLATION OF SUBSECTION (A) SHALL BE DESIGNATED

PRIMA FACIE CONTRABAND SUBJECT TO FORFEITURE IN ACCORDANCE WITH

42 PA.C.S. § 5803 (RELATING TO ASSET FORFEITURE).

(e) Forfeiture.--

(1) In addition to the penalty provided under subsection

dirt bike operated in violation of subsection (a) shall be

subject to forfeiture in accordance with 42 Pa.C.S. §§ 5803

(relating to asset forfeiture), 5805 (relating to forfeiture

procedure), 5806 (relating to motion for return of property),

5807 (relating to restrictions on use), 5807.1 (relating to

prohibition on adoptive seizures) and 5808 (relating to

exceptions).

(2) Forfeiture as authorized under paragraph (1) may not

occur unless the individual is convicted of a violation of

subsection (a).

(3) A police officer may impound an all-terrain vehicle

or dirt bike operated in violation of subsection (a) pending

final disposition of the case or a court order.

(F) CONSTRUCTION.--NOTHING CONTAINED IN THIS SECTION SHALL

BE CONSTRUED TO ALLOW THE OPERATION OF AN ALL-TERRAIN VEHICLE OR

DIRT BIKE OUTSIDE OF THE BOUNDARIES OF AN URBAN MUNICIPALITY IN

A MANNER THAT IS INCONSISTENT WITH THIS TITLE OR OTHER LAW OF

THIS COMMONWEALTH.

(G) 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:

"ALL-TERRAIN VEHICLE." AS DEFINED IN SECTION 7702 (RELATING

A05174 - 5 -

TO DEFINITIONS).

"DIRT BIKE." A TWO-WHEELED MOTOR VEHICLE THAT HAS A SEAT OR

SADDLE, IS DESIGNED AND MANUFACTURED EXCLUSIVELY FOR OFF-ROAD

USE AND DOES NOT COMPLY WITH FEDERAL MOTOR VEHICLE SAFETY

STANDARDS OR ENVIRONMENTAL PROTECTION AGENCY ON-ROAD EMISSIONS

STANDARDS. THE TERM DOES NOT INCLUDE:

(1) A VEHICLE THAT IS OR IS REQUIRED TO BE REGISTERED

UNDER CHAPTER 13 (RELATING TO REGISTRATION OF VEHICLES).

(2) A DUAL SPORT MOTORCYCLE.

(3) AN ELECTRIC PEDALCYCLE.

"DUAL SPORT MOTORCYCLE." A MOTORCYCLE THAT IS DESIGNED AND

MANUFACTURED TO BE RIDDEN ON AND OFF ROAD AND MAY OR MAY NOT BE

REGISTERED WITH THE DEPARTMENT is titled and registered with the

department for on-road use .

"ELECTRIC PEDALCYCLE." A VEHICLE THAT:

(1) WEIGHS NOT MORE THAN 100 POUNDS WITH TWO WHEELS MORE

THAN 11 INCHES IN DIAMETER;

(2) IS MANUFACTURED OR ASSEMBLED WITH AN ELECTRIC MOTOR

SYSTEM RATED AT NOT MORE THAN 750 WATTS AND THAT CEASES TO

PROVIDE ASSISTANCE WHEN THE VEHICLE REACHES SPEEDS OF 28

MILES PER HOUR; AND

(3) IS EQUIPPED WITH OPERABLE PEDALS AND A SEAT OR

SADDLE FOR THE RIDER.

"URBAN MUNICIPALITY." A CITY OF THE FIRST CLASS, SECOND

CLASS, SECOND CLASS A, THIRD CLASS OR A BOROUGH A or third

class .

SECTION 3. THE DEFINITION OF "ALL-TERRAIN VEHICLE" OR "ATV"

IN SECTION 7702 OF TITLE 75 IS AMENDED TO READ:

§ 7702. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

A05174 - 6 -

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] AN ATV DESCRIBED IN PARAGRAPH (1) MAY BE REFERRED TO AS

A CLASS I [ATV'S] ATV, AND [ATV'S] AN ATV DESCRIBED IN PARAGRAPH

(2) MAY BE REFERRED TO AS A CLASS II [ATV'S] ATV. THIS TERM DOES

NOT INCLUDE SNOWMOBILES, TRAIL BIKES, MOTORBOATS, GOLF CARTS,

AIRCRAFT, DUNE BUGGIES, AUTOMOBILES, CONSTRUCTION MACHINES,

TRUCKS OR HOME UTILITY MACHINES; MILITARY, FIRE, EMERGENCY AND

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.

* * *

Section 3 4. This act shall take effect in 60 days.

A05174 - 7 -