A00320
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
362
Session of
2023
INTRODUCED BY FARRY, SANTARSIERO AND STEFANO, FEBRUARY 10, 2023
REFERRED TO TRANSPORTATION, FEBRUARY 10, 2023
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in penalties and disposition of fines, further
providing for subsequent convictions of certain offenses.
Amending Titles 42 (Judiciary and Judicial Procedure) and 75
(Vehicles) of the Pennsylvania Consolidated Statutes, in
budget and finance, further providing for county portion of
fines, etc.; in miscellaneous provisions, further providing
for railroad trains not to block crossings; and imposing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6503(a) and (a.1) of Title 75 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 6503. Subsequent convictions of certain offenses.
(a) General offenses.--Every person convicted of a second or
subsequent violation of any of the following provisions shall be
sentenced to pay a fine of not less than $200 nor more than
$1,000 or to imprisonment for not more than six months, or both:
Section 1543(a) (relating to driving while operating
privilege is suspended or revoked) except as set forth in
subsection (a.1).
Section 3367 (relating to racing on highways).
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Section 3713 (relating to railroad trains not to block
crossings).
Section 3734 (relating to driving without lights to avoid
identification or arrest).
Section 3748 (relating to false reports).
(a.1) Certain repeat offenses.--A person convicted of a
sixth or subsequent offense under section 1543(a) or 3713 shall
be sentenced to pay a fine of not less than $1,000 and to
imprisonment for not less than 30 days but not more than six
months.
* * *
Section 2. This act shall take effect in 60 days.
Section 1. Section 3572 of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3572. County portion of fines, etc.
(a) General rule.--Except as otherwise provided in this
subchapter, all fines, forfeited recognizances and other
forfeitures imposed, lost or forfeited and fees and costs
collected in the court of common pleas, or community court
established for a judicial district embracing a county, or in a
magisterial district within the county, or in the Philadelphia
Municipal Court, shall be payable to such county.
(b) Railroad trains not to block crossings.--Notwithstanding
any other provision of law, all fines collected under 75 Pa.C.S.
§ 3713(b) (relating to railroad trains not to block crossings)
shall be payable to the county in which the violation occurred.
The county shall use the fines collected for equipment, training
and similar expenses related to planning and preparedness for
emergency response efforts.
Section 2. Section 3713 of Title 75 is amended to read:
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§ 3713. Railroad trains not to block crossings.
(a) General rule.--No person or government agency shall
operate any train in such a manner as to prevent vehicular use
of any roadway for a period of time in excess of five
consecutive minutes except under any of the following
circumstances:
(1) When necessary to comply with signals affecting the
safety of the movement of trains.
(2) When necessary to avoid striking any object or
person on the track.
(3) When the train is [disabled.] experiencing a
mechanical or personnel issue due to no fault of the person
or government agency operating the train.
[(4) When the train is in motion except while engaged in
switching operations.
(5) When there is no vehicular traffic waiting to use
the crossings.]
(6) When necessary to comply with a governmental safety
regulation.
(b) Penalty.--A person who owns a train in violation of
subsection (a) commits a summary offense and shall, upon
conviction, be sentenced to pay a fine of $1,000 per day for
each segment of the roadway in which the train prevents
vehicular use.
Section 3. This act shall take effect in 60 days.
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