PRIOR PRINTER'S NOS. 2326, 2774, 2873 PRINTER'S NO. 3002
No. 1817 Session of 1975
INTRODUCED BY BONETTO, OCTOBER 2, 1975
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, MARCH 24, 1976
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, adding revised, compiled and codified provisions 3 relating to vehicles and pedestrians. 4 TABLE OF CONTENTS 5 TITLE 75 6 VEHICLES 7 PART I. PRELIMINARY PROVISIONS 8 Chapter 1. General Provisions 9 § 101. Short title of title. 10 § 102. Definitions. 11 § 103. Uniformity of interpretation. 12 § 104. Continuation of existing law. 13 PART II. TITLE, REGISTRATION AND LICENSING 14 Chapter 11. Certificate of Title and Security Interests. 15 Subchapter A. Certificate of Title 16 § 1101. Certificate of title required. 17 § 1102. Vehicles not requiring certificate of title. 18 § 1103. Application for certificate of title.
1 § 1104. Examination of records upon receipt of application. 2 § 1105. Issuance of certificate of title. 3 § 1106. Content and effect of certificate of title. 4 § 1107. Delivery of certificate of title. 5 § 1108. Registration without certificate of title. 6 § 1109. Refusing issuance of certificate of title. 7 § 1110. Duplicate certificate of title to replace original. 8 § 1111. Transfer of ownership of vehicle. 9 § 1112. Disclosure of odometer reading and tampering with 10 odometer. 11 § 1113. Transfer to or from manufacturer or dealer. 12 § 1114. Transfer of vehicle by operation of law. 13 § 1115. Correction of certificate of title. 14 § 1116. Issuance of new certificate following transfer. 15 § 1117. Vehicle destroyed or junked. 16 § 1118. Suspension and cancellation of certificate of title. 17 § 1119. Application for certificate of title by agent. 18 Subchapter B. Security Interests 19 § 1131. Applicability of subchapter. 20 § 1132. Perfection of security interest. 21 § 1133. Creation of security interest for titled vehicle. 22 § 1134. Assignment by lienholder of security interest. 23 § 1135. Satisfaction of security interest. 24 § 1136. Duty of lienholder to disclose pertinent information. 25 § 1137. Subchapter exclusive for perfecting security interest. 26 § 1138. Duration of lien recorded on certificate of title. 27 Chapter 13. Registration of Vehicles 28 Subchapter A. General Provisions 29 § 1301. Driving unregistered vehicle prohibited. 30 § 1302. Vehicles subject to registration. 19750H1817B3002 - 2 -
1 § 1303. Vehicles of nonresidents exempt from registration. 2 § 1304. Registration criteria. 3 § 1305. Application for registration. 4 § 1306. Grounds for refusing registration. 5 § 1307. Period of registration. 6 § 1308. Issuance of registration card. 7 § 1309. Renewal of registration. 8 § 1310. Temporary registration cards. 9 § 1311. Registration card to be signed and exhibited on demand. 10 § 1312. Notice of change of name or address. 11 § 1313. Duplicate registration cards. 12 § 1314. Transfer of registration. 13 § 1315. Operation of vehicle following death of owner. 14 § 1316. Department records. 15 Subchapter B. Registration Plates 16 § 1331. Registration plates to be furnished by department. 17 § 1332. Display of registration plate. 18 § 1333. Lost, stolen, damaged or illegible registration plate. 19 § 1334. Return of registration plate. 20 § 1335. Registration plates for manufacturers and dealers. 21 § 1336. Use of dealer registration plates. 22 § 1337. Use of "Miscellaneous Motor Vehicle Business" 23 registration plates. 24 § 1338. Handicapped plate. 25 § 1339. Legislative plate. 26 § 1340. Antique and classic plates. 27 § 1341. Personal plate. 28 § 1342. Use of school bus plates. 29 § 1343. Use of farm truck plates. 30 § 1344. Special plates for disabled veterans. 19750H1817B3002 - 3 -
1 Subchapter C. Violations and Suspensions 2 § 1371. Operation following suspension of registration. 3 § 1372. Unauthorized transfer or use of registration. 4 § 1373. Suspension of registration. 5 § 1374. Suspension of vehicle business registration plates. 6 § 1375. Suspension of registration of unapproved carriers. 7 § 1376. Surrender of registration plates and cards upon 8 suspension. 9 § 1377. Judicial review of denial or suspension of 10 registration. 11 Chapter 15. Licensing of Drivers 12 Subchapter A. General Provisions 13 § 1501. Drivers required to be licensed. 14 § 1502. Persons exempt from licensing. 15 § 1503. Persons ineligible for licensing. 16 § 1504. Classes of licenses. 17 § 1505. Learners' permits. 18 § 1506. Application for driver's license or learner's permit. 19 § 1507. Application for driver's license or learner's permit 20 by minor. 21 § 1508. Examination of applicant for driver's license. 22 § 1509. Qualifications for Class 4 license. 23 § 1510. Issuance and content of driver's license. 24 § 1511. Carrying and exhibiting driver's license on demand. 25 § 1512. Restrictions on drivers' licenses. 26 § 1513. Duplicate and substitute drivers' licenses and 27 learners' permits. 28 § 1514. Expiration and renewal of drivers' licenses. 29 § 1515. Notice of change of name or address. 30 § 1516. Department records. 19750H1817B3002 - 4 -
1 § 1517. Medical advisory board. 2 § 1518. Reports on mental or physical disabilities or 3 disorders. 4 § 1519. Determination of incompetency. 5 Subchapter B. Comprehensive System for Driver Education 6 and Control 7 § 1531. Administration of system by department. 8 § 1532. Revocation of operating privilege. 9 § 1533. Suspension of operating privilege for failure to 10 respond to citation. 11 § 1534. Suspension of operating privilege upon acceptance of 12 Accelerative Rehabilitative Disposition. 13 § 1535. Schedule of convictions and points. 14 § 1536. Notice of assignment of points. 15 § 1537. Removal of points. 16 § 1538. School, examination or hearing 17 on accumulation of points or excessive speeding. 18 § 1539. Suspension of operating privilege on accumulation of 19 points. 20 § 1540. Surrender of license. 21 § 1541. Period of revocation or suspension of operating 22 privilege. 23 § 1542. REVOCATION OF HABITUAL OFFENDER'S LICENSE. <-- 24 § 1542. 1543. Driving while operating privilege is suspended <-- 25 or revoked. 26 § 1543. 1544. Assignment of points for conviction in another <-- 27 state. 28 § 1544. 1545. Additional period of revocation or suspension. <-- 29 § 1545. 1546. Restoration of operating privilege. <-- 30 § 1546. 1547. Suspension or revocation of nonresident's <-- 19750H1817B3002 - 5 -
1 operating privilege. 2 § 1547. 1548. Suspension or revocation for conviction in <-- 3 another state. 4 § 1548. 1549. Chemical test to determine amount of alcohol. <-- 5 § 1549. 1550. Post conviction examination for driving <-- 6 under influence. 7 § 1550. 1551. Establishment of schools. <-- 8 § 1551. 1552. Judicial review. <-- 9 § 1553. NOTICE OF SUSPENSION OF LICENSES OR PERMITS. <-- 10 Subchapter C. Violations. 11 § 1571. Violations concerning licenses. 12 § 1572. Cancellation of driver's license. 13 § 1573. Driving under foreign license during suspension or 14 revocation. 15 § 1574. Permitting unauthorized person to drive. 16 § 1575. Permitting violation of title. 17 § 1576. Local authorities liable for negligence of their 18 employees. 19 Chapter 17. Financial Responsibility 20 Subchapter A. General Provisions 21 § 1701. Application of chapter. 22 § 1702. Administration of chapter. 23 § 1703. Availability of other remedies. 24 § 1704. Transfer of suspended registration to evade chapter. 25 Subchapter B. Deposit of Security 26 § 1721. Deposit of security following accident. 27 § 1722. Suspension of license of resident involved in accident 28 in another state. 29 § 1723. Exceptions to security requirements. 30 § 1724. Duration of suspension. 19750H1817B3002 - 6 -
1 § 1725. Coverage and revision of security. 2 § 1726. Custody, disposition and return of security. 3 § 1727. Matters not evidence in civil actions. 4 § 1728. Appeal to court from action of department. 5 Subchapter C. Proof of Future Responsibility 6 § 1741. Court reports on nonpayment of judgments. 7 § 1742. Suspension for nonpayment of judgments. 8 § 1743. Continuation of suspension until judgments paid and 9 proof given. 10 § 1744. Payments sufficient to satisfy judgments. 11 § 1745. Installment payment of judgments. 12 § 1746. Proof of financial responsibility after suspension 13 or revocation. 14 § 1747. Providing financial responsibility. 15 Chapter 19. Fees 16 Subchapter A. General Provisions 17 § 1901. Exemption of entities and vehicles from fees. 18 § 1902. Exemptions from other fees. 19 § 1903. Limitation on local license fees and taxes. 20 § 1904. Collection and disposition of fees and moneys. 21 Subchapter B. Registration Fees 22 § 1911. Annual registration fees. 23 § 1912. Passenger cars. 24 § 1913. Motor homes. 25 § 1914. Motorcycles. 26 § 1915. Motor-driven cycles. 27 § 1916. Trucks and truck-tractors. 28 § 1917. Motor buses. 29 § 1918. School buses. 30 § 1919. Electric vehicles. 19750H1817B3002 - 7 -
1 § 1920. Trailers and semi-trailers. 2 § 1921. Special mobile equipment. 3 § 1922. Antique vehicles. 4 § 1923. Classic vehicles. 5 § 1924. Farm trucks. 6 § 1925. Ambulances, taxis and hearses. 7 § 1926. Dealers and miscellaneous motor vehicle business. 8 § 1927. Transfer of registration. 9 § 1928. Processing temporary registration. 10 § 1929. Replacement registration plates. 11 § 1930. Special registration plates. 12 § 1931. Duplicate registration cards. 13 Subchapter C. Permits 14 § 1941. Scope of subchapter. 15 § 1942. Special hauling permits as to weight and size. 16 § 1943. Annual hauling permits. 17 § 1944. Mobile homes and similar trailers. 18 § 1945. Movements requiring special escort. 19 Subchapter D. Miscellaneous Fees 20 § 1951. Driver's license and learner's permit. 21 § 1952. Certificate of title. 22 § 1953. Security interest. 23 § 1954. Approval of vehicle equipment and testing devices. 24 § 1955. Information concerning drivers and vehicles. 25 § 1956. Certified copies of records. 26 § 1957. Uncollectible checks. 27 § 1958. Certificate of inspection. 28 § 1959. Messenger service. 29 PART III. OPERATION OF VEHICLES 30 Chapter 31. General Provisions 19750H1817B3002 - 8 -
1 Subchapter A. Obedience to and Effect of Traffic Laws 2 § 3101. Application of part. 3 § 3102. Obedience to authorized persons directing traffic. 4 § 3103. Persons riding animals or driving animal-drawn 5 vehicles. 6 § 3104. Persons working on highways. 7 § 3105. Drivers of emergency vehicles. 8 § 3106. Operators of streetcars. 9 Subchapter B. Traffic-control Devices 10 § 3111. Obedience to traffic-control devices. 11 § 3112. Traffic-control signals. 12 § 3113. Pedestrian-control signals. 13 § 3114. Flashing signals. 14 § 3115. Lane-direction-control signals. 15 Chapter 33. Rules of the Road in General 16 Subchapter A. General Provisions 17 § 3301. Driving on right side of roadway. 18 § 3302. Meeting vehicle proceeding in opposite direction. 19 § 3303. Overtaking vehicle on the left. 20 § 3304. Overtaking vehicle on the right. 21 § 3305. Limitations on overtaking on the left. 22 § 3306. Limitations on driving on left side of roadway. 23 § 3307. No-passing zones. 24 § 3308. One-way roadways and rotary traffic islands. 25 § 3309. Driving on roadways laned for traffic. 26 § 3310. Following too closely. 27 § 3311. Driving on divided highways. 28 § 3312. Limited-access highway entrances and exits. 29 § 3313. Restrictions on use of limited-access highways. 30 § 3314. Prohibiting use of hearing impairment devices. 19750H1817B3002 - 9 -
1 Subchapter B. Right-of-way
2 § 3321. Vehicle approaching or entering intersection.
3 § 3322. Vehicle turning left.
4 § 3323. Stop signs and yield signs.
5 § 3324. Vehicle entering or crossing roadway.
6 § 3325. Duty of driver on approach of emergency vehicle.
7 § 3326. Duty of driver in construction and maintenance areas.
8 Subchapter C. Turning, Starting and Signals
9 § 3331. Required position and method of turning.
10 § 3332. Limitations on turning around.
11 § 3333. Moving stopped or parked vehicle.
12 § 3334. Turning movements and required signals.
13 § 3335. Signals by hand and arm or signal lamps.
14 § 3336. Method of giving hand and arm signals.
15 Subchapter D. Special Stops Required
16 § 3341. Obedience to signal indicating approach of train.
17 § 3342. Vehicles required to stop at railroad crossings.
18 § 3343. Moving heavy equipment at railroad grade crossings.
19 § 3344. Emerging from alley, driveway or building.
20 § 3345. Meeting or overtaking school bus.
21 Subchapter E. Stopping, Standing and Parking
22 § 3351. Stopping, standing and parking outside business and
23 residence districts.
24 § 3352. Removal of vehicle by or at direction of police.
25 § 3353. Prohibitions in specified places.
26 § 3354. Additional parking regulations.
27 Subchapter F. Speed Restrictions.
28 § 3361. Driving vehicle at safe speed.
29 § 3362. Maximum speed limits.
30 § 3363. Alteration of maximum limits. by department. <--
19750H1817B3002 - 10 -
1 § 3364. Minimum speed regulation. 2 § 3365. Special speed limitations. 3 § 3366. Charging speed violations. 4 § 3367. Racing on highways. 5 § 3368. Speed timing devices. 6 Chapter 35. Special Vehicles and Pedestrians 7 Subchapter A. Operation of Bicycles 8 § 3501. Applicability of traffic laws to bicycles. 9 § 3502. Penalty for violation of subchapter. 10 § 3503. Responsibility of parent or guardian. 11 § 3504. Riding on bicycles. 12 § 3505. Riding on roadways and bicycle paths. 13 § 3506. Articles carried by operator. 14 § 3507. Lamps and other equipment on bicycles. 15 § 3508. Bicycles on sidewalks and bicycle paths. 16 Subchapter B. Special Rules for Motorcycles 17 § 3521. Applicability of traffic laws to motorcycles. 18 § 3522. Riding on motorcycles. 19 § 3523. Operating motorcycles on roadways laned for traffic. 20 § 3524. Footrests and handlebars. 21 § 3525. Protective equipment for motorcycle riders. 22 Subchapter C. Rights and Duties of Pedestrians 23 § 3541. Obedience of pedestrians to traffic-control devices 24 and regulations. 25 § 3542. Right-of-way of pedestrians in crosswalks. 26 § 3543. Pedestrians crossing at other than crosswalks. 27 § 3544. Pedestrians walking along or on highway. 28 § 3545. Pedestrians soliciting rides or business. 29 § 3546. Driving through or around safety zone. 30 § 3547. Right-of-way of pedestrians on sidewalks. 19750H1817B3002 - 11 -
1 § 3548. Pedestrians to yield to authorized emergency vehicles. 2 § 3549. Blind pedestrians. 3 § 3550. Pedestrians under influence of alcohol or controlled 4 substance. 5 § 3551. Compliance with bridge and railroad warning signals. 6 § 3552. Penalty for violation of subchapter. 7 Chapter 37. Miscellaneous Provisions 8 Subchapter A. Offenses in General 9 § 3701. Unattended motor vehicle. 10 § 3702. Limitations on backing. 11 § 3703. Driving upon sidewalk. 12 § 3704. Obstruction to driving view or mechanism. 13 § 3705. Opening and closing vehicle doors. 14 § 3706. Riding in house trailers, mobile homes or boats 15 or trailers. 16 § 3707. Driving or stopping close to fire apparatus. 17 § 3708. Unauthorized driving over fire hose. 18 § 3709. Depositing waste and other material on highway. 19 § 3710. Stopping at intersection or crossing to prevent 20 obstruction. 21 § 3711. Careless driving. <-- 22 § 3712 3711. Unauthorized persons and devices hanging on <-- 23 vehicles. 24 § 3713 3712. Abandonment and stripping of vehicles. <-- 25 § 3714 3713. Railroad trains not to block crossings. <-- 26 Subchapter B. Serious Traffic Offenses 27 § 3731. Reckless driving. 28 § 3732. Driving under influence of alcohol or controlled 29 substance. 30 § 3733. Homicide by vehicle. 19750H1817B3002 - 12 -
1 § 3734. Fleeing or attempting to elude police officer. 2 § 3735. Driving without lights to avoid identification or 3 arrest. 4 Subchapter C. Accidents and Accident Reports 5 § 3741. Application of subchapter. 6 § 3742. Accidents involving death or personal injury. 7 § 3743. Accidents involving damage to attended vehicle or 8 property. 9 § 3744. Duty to give information and render aid. 10 § 3745. Accidents involving damage to unattended vehicle or 11 property. 12 § 3746. Immediate notice of accident to police department. 13 § 3747. Written report of accident by driver or owner. 14 § 3748. False reports. 15 § 3749. Reports by coroners and medical examiners. 16 § 3750. Reports by garages. 17 § 3751. Reports by police. 18 § 3752. Accident report forms. 19 § 3753. Department to tabulate and analyze accident reports. 20 PART IV. VEHICLE CHARACTERISTICS 21 Chapter 41. Equipment Standards 22 § 4101. Purpose of part. 23 § 4102. Definitions. 24 § 4103. Promulgation of vehicle equipment standards. 25 § 4104. Testing and approval of equipment. 26 § 4105. Revocation and renewal of certificates of approval. 27 § 4106. Market surveillance program. 28 § 4107. Unlawful activities. 29 § 4108. Injunctive relief. 30 Chapter 43. Lighting Equipment 19750H1817B3002 - 13 -
1 § 4301. Promulgation of regulations by department. 2 § 4302. Period for requiring lighted lamps. 3 § 4303. General lighting requirements. 4 § 4304. Obstructed lights not required. 5 § 4305. Vehicular hazard signal lamps. 6 § 4306. Use of multiple-beam road lighting equipment. 7 § 4307. Use and display of illuminated signs. 8 Chapter 45. Other Required Equipment 9 Subchapter A. Brake Equipment 10 § 4501. Promulgation of regulations by department. 11 § 4502. General requirements for braking systems. 12 Subchapter B. Safety and Anti-pollution Equipment 13 § 4521. Promulgation of regulations by department. 14 § 4522. Violation of Federal statute or regulation. 15 § 4523. Exhaust systems, mufflers and noise control. 16 § 4524. Windshield obstructions and wipers. 17 § 4525. Tire equipment and traction surfaces. 18 § 4526. Safety glass. 19 § 4527. Television equipment. 20 § 4528. Fire extinguishers. 21 § 4529. Slow moving vehicle emblem. 22 § 4530. Portable emergency warning devices. 23 § 4531. Emission control systems. 24 § 4532. Smoke control for diesel-powered motor vehicles. 25 § 4533. Spray protection. 26 § 4534. Rear-view mirrors. 27 § 4535. Audible warning devices. 28 § 4536. Bumpers. 29 Subchapter C. Vehicles for Transportation of School Children 30 § 4551. Safety regulations. 19750H1817B3002 - 14 -
1 § 4552. General requirements for school buses. 2 § 4553. General requirements for other vehicles transporting 3 school children. 4 Subchapter D. Equipment of Authorized and Emergency Vehicles 5 § 4571. Visual and audible signals on emergency vehicles. 6 § 4572. Visual signals on authorized vehicles. 7 Chapter 47. Inspection of Vehicles 8 Subchapter A. Inspection Requirements 9 § 4701. Duty to comply with inspection laws. 10 § 4702. Requirement for periodic inspection of vehicles. 11 § 4703. Operation of vehicle without official certificate of 12 inspection. 13 § 4704. Notice by police officers of violation. 14 § 4705. Inspection of vehicles for transportation of school 15 children. 16 Subchapter B. Official Inspection Stations 17 § 4721. Appointment of official inspection stations. 18 § 4722. Certificate of appointment. 19 § 4723. Certificate of appointment for inspecting fleet 20 vehicles. 21 § 4724. Suspension of certificates of appointment. 22 § 4725. Use of certificate of appointment at official 23 inspection stations. 24 § 4726. Certification of mechanics. 25 § 4727. Issuance of certificate of inspection. 26 § 4728. Display of certificate of inspection. 27 § 4729. Removal of certificate of inspection. 28 § 4730. Violations of use of certificate of inspection. 29 § 4731. Records of inspections and certificates issued. 30 § 4732. Inspection Advisory Board. 19750H1817B3002 - 15 -
1 Chapter 49. Size, Weight and Load 2 Subchapter A. General Provisions 3 § 4901. Scope and application of chapter. 4 § 4902. Restrictions on use of highways and bridges. 5 § 4903. Securing loads in vehicles. 6 § 4904. Limits on number of towed vehicles. 7 § 4905. Safety requirements for towed vehicles. 8 § 4906. Fire apparatus. 9 § 4907. Penalty for violation of chapter. 10 Subchapter B. Width, Height and Length 11 § 4921. Width of vehicles. 12 § 4922. Height of vehicles. 13 § 4923. Length of vehicles. 14 § 4924. Limitations on length of projecting loads. 15 § 4925. Width of projecting loads on passenger vehicles. 16 Subchapter C. Maximum Weights of Vehicles 17 § 4941. Maximum gross weight of vehicles. 18 § 4942. Registered gross weight. 19 § 4943. Maximum axle weight of vehicles. 20 § 4944. Maximum wheel load. 21 § 4945. Penalties for exceeding maximum weights. 22 § 4946. Impoundment of vehicles for nonpayment of overweight 23 fines. 24 § 4947. Disposition of impounded vehicles and loads. 25 § 4948. Maximum weight and seating capacity of buses. 26 Subchapter D. Special Permits for Excessive Size and Weight 27 § 4961. Authority to issue permits. 28 § 4962. Conditions of permits and security for damages. 29 § 4963. Exemptions for vehicles used in State highway 30 construction. 19750H1817B3002 - 16 -
1 § 4964. Oral authorization following emergency or accident. 2 § 4965. Single permits for multiple highway crossings. 3 § 4966. Permit for movement of quarry equipment. 4 § 4967. Permit for movement of implements of husbandry. 5 § 4968. Permit for movement of equipment being manufactured. 6 Subchapter E. Measuring and Adjusting Vehicle Size and 7 Weight 8 § 4981. Weighing and measurement of vehicles. 9 § 4982. Reducing or readjusting loads of vehicles. 10 § 4983. Penalty for violation of subchapter. 11 PART V. ADMINISTRATION AND ENFORCEMENT 12 Chapter 61. Powers of Department and Local Authorities 13 Subchapter A. General Provisions 14 § 6101. Applicability and uniformity of title. 15 § 6102. Powers and duties of department and local authorities. 16 § 6103. Promulgation of rules and regulations by department. 17 § 6104. Administrative duties of department. 18 § 6105. Department to prescribe traffic and engineering 19 investigations. 20 § 6106. Designation of emergency vehicles by department. 21 § 6107. Designation of authorized vehicles by department. 22 § 6108. Power of Governor during emergency. 23 § 6109. Specific powers of department and local authorities. 24 § 6110. Regulation of traffic on Pennsylvania Turnpike. 25 § 6111. Regulation of traffic on bridges under authority of 26 interstate commissions. 27 § 6112. Removal of traffic hazards by property owner. 28 § 6113. Control of public travel on private property by owner. 29 § 6114. Limitation on sale, publication and disclosure of 30 records. 19750H1817B3002 - 17 -
1 Subchapter B. Traffic-control Devices 2 § 6121. Uniform system of traffic-control devices. 3 § 6122. Authority to erect traffic-control devices. 4 § 6123. Erection of traffic-control devices while working. 5 § 6124. Erection of traffic-control devices at intersections. 6 § 6125. Display of unauthorized signs, signals or markings. 7 § 6126. Interference with devices, signs or signals. 8 § 6127. Dealing in nonconforming traffic-control devices. 9 Subchapter C. Reciprocity 10 § 6141. Declaration of policy. 11 § 6142. Reciprocity agreements, arrangements and declarations 12 authorized. 13 § 6143. Benefits, privileges and exemptions from taxes and 14 fees. 15 § 6144. Vehicle registration and licensing. 16 § 6145. Proportional registration of fleet vehicles. 17 § 6146. Enforcement agreements. 18 § 6147. Declaration of reciprocity in absence of agreement. 19 § 6148. Applicability to leased vehicles. 20 § 6149. Automatic reciprocity. 21 § 6150. Proportional registration not exclusive. 22 § 6151. Suspension of reciprocity benefits. 23 § 6152. Form, publication and distribution of documents. 24 § 6153. Existing reciprocity agreements unaffected. 25 Chapter 63. Enforcement 26 Subchapter A. General Provisions 27 § 6301. Prosecutions under local ordinances superseded by 28 title. 29 § 6302. Limitation of actions for summary offenses. 30 § 6303. Rights and liabilities of minors. 19750H1817B3002 - 18 -
1 § 6304. Arrest of nonresident. 2 § 6305. Costs for summary offenses. 3 § 6306. Liability for costs not paid by defendant. 4 § 6307. Investigation by police officers. 5 § 6308. Falsification. 6 Subchapter B. Records of Traffic Cases 7 § 6321. Records of issuing authorities. 8 § 6322. Reports by issuing authorities. 9 § 6323. Reports by courts of record. 10 § 6324. Failure to comply with provisions of subchapter. 11 § 6325. Department records. 12 § 6326. Traffic citation forms. 13 Subchapter C. Evidentiary Matters 14 § 6341. Admissibility of copies of records as evidence. 15 § 6342. Registration number as prima facie evidence of 16 operation. 17 Chapter 65. Penalties and Disposition of Fines 18 § 6501. Definition of conviction. 19 § 6502. Summary offenses. 20 § 6503. Misdemeanors. 21 § 6504. Felonies. 22 § 6505. Inability to pay fine and costs. 23 § 6506. Disposition of fines and forfeitures. 24 Chapter 67. Service of Process on Nonresidents 25 § 6701. Service of process on nonresident. 26 § 6702. Residents who depart Commonwealth or whose whereabouts 27 are unknown. 28 § 6703. Personal representatives of nonresidents. 29 § 6704. Manner of service of process. 30 § 6705. Record of service of process. 19750H1817B3002 - 19 -
1 PART VI. MISCELLANEOUS PROVISIONS 2 Chapter 71. Vehicle Theft and Related Provisions 3 Subchapter A. Identification Number 4 § 7101. REQUIREMENT FOR IDENTIFICATION NUMBER. <-- 5 § 7101. 7102. Removal or falsification of identification <-- 6 number. 7 § 7102. 7103. Dealing in vehicles with removed or <-- 8 falsified numbers. 9 § 7103. 7104. State replacement vehicle identification <-- 10 number plate. 11 § 7104. 7105. Seizure of vehicles with removed or <-- 12 falsified numbers. 13 Subchapter B. Stolen Vehicles 14 § 7111. Dealing in titles and plates for stolen vehicles. 15 § 7112. False report of theft or conversion of vehicle. 16 § 7113. Reporting stolen and recovered vehicles. 17 § 7114. Records of stolen vehicles. 18 § 7115. Application for certificate of title of a stolen 19 vehicle. 20 § 7116. Fraudulent removal of vehicle from garage. 21 Subchapter C. Misuse of Documents and Plates 22 § 7121. False application for certificate of title or 23 registration. 24 § 7122. Altered, forged or counterfeit documents and plates. 25 § 7123. Sale or purchase of certificate or other document. 26 § 7124. Fraudulent use or removal of registration plate. 27 Chapter 73. Abandoned Vehicles and Cargos 28 § 7301. Authorization of salvors. 29 § 7302. Certificate of authorization. 30 § 7303. Suspension of authorization. 19750H1817B3002 - 20 -
1 § 7304. Reports to department of possession of abandoned 2 vehicles. 3 § 7305. Notice to owner and lienholders of abandoned vehicles. 4 § 7306. Payment of costs upon reclaiming vehicle. 5 § 7307. Authorization for disposal of unclaimed vehicles. 6 § 7308. Public sale of unclaimed vehicles with value. 7 § 7309. Junking of vehicles valueless except for junk. 8 § 7310. Removal of vehicles and spilled cargo from roadway. 9 § 7311. Reports by garage keepers of abandoned vehicles. 10 § 7312. Penalty for violation of chapter. 11 Chapter 75. Messenger Service 12 § 7501. Authorization of messenger service. 13 § 7502. Certificate of authorization. 14 § 7503. Suspension of authorization. 15 § 7504. Place of business. 16 § 7505. Transaction of business with department. 17 § 7506. Violations and penalties. 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 Section 1. Title 75, act of November 25, 1970 (P.L.707, 21 No.230), known as the Pennsylvania Consolidated Statutes, is 22 amended by adding parts to read: 23 TITLE 75 24 VEHICLES 25 Part 26 I. Preliminary Provisions 27 II. Title, Registration and Licensing 28 III. Operation of Vehicles 29 IV. Vehicle Characteristics 30 V. Administration and Enforcement 19750H1817B3002 - 21 -
1 VI. Miscellaneous Provisions 2 PART I 3 PRELIMINARY PROVISIONS 4 Chapter 5 1. General Provisions 6 CHAPTER 1 7 GENERAL PROVISIONS 8 Sec. 9 101. Short title of title. 10 102. Definitions. 11 103. Uniformity of interpretation. 12 104. Continuation of existing law. 13 § 101. Short title of title. 14 This title shall be known and may be cited as the "Vehicle 15 Code." 16 § 102. Definitions. 17 Subject to additional definitions contained in subsequent 18 provisions of this title which are applicable to specific 19 provisions of this title, the following words and phrases when 20 used in this title shall have, unless the content clearly 21 indicates otherwise, the meanings given to them in this section: 22 "Abandoned vehicle." 23 (1) A vehicle: 24 (i) that is inoperable and is left unattended on 25 public property for more than 48 hours; 26 (ii) that has remained illegally on public property 27 for a period of more than 48 hours; 28 (iii) without a valid registration plate or 29 certificate of inspection or title left unattended on or 30 along a highway; or 19750H1817B3002 - 22 -
1 (iv) that has remained on private property without 2 the consent of the owner or person in control of the 3 property for more than 48 hours. 4 (2) Vehicles and equipment used or to be used in 5 construction or in the operation or maintenance of public 6 utility facilities, which are left in a manner which does not 7 interfere with the normal movement of traffic, shall not be 8 considered to be abandoned. 9 "Alley." A street or highway intended to provide access to 10 the rear or side of lots or buildings in urban districts and not 11 intended for the purpose of through vehicular traffic. 12 "Antique motor vehicle." A motor vehicle, but not a 13 reproduction thereof, manufactured more than 25 years prior to 14 the current year which has been maintained in or restored to a 15 condition which is substantially in conformance with 16 manufactured specifications. 17 "Authorized vehicle." A vehicle or type of vehicle, other 18 than an emergency vehicle, for which special operating or 19 equipment privileges are given by law or regulation of the 20 department based on design and utility for work within a 21 highway. 22 "Bicycle." Any device propelled solely by human power. 23 "Bus." A motor vehicle designed for carrying more than ten 24 passengers, exclusive of the driver, and used for the 25 transportation of persons and a motor vehicle, other than a 26 taxicab, designed and used for the transportation of persons for 27 compensation. 28 "Business district." The territory contiguous to and 29 including a highway when within any 600 feet along the highway 30 there are buildings in use for business or industrial purposes, 19750H1817B3002 - 23 -
1 including but not limited to hotels, banks, or office buildings, 2 railroad stations and public buildings which occupy at least 300 3 feet of frontage on one side or 300 feet collectively on both 4 sides of the highway. 5 "Classic motor vehicle." A self-propelled vehicle, but not a 6 reproduction thereof, manufactured more than ten years prior to 7 the current year and, because of discontinued production and 8 limited availability, determined by the department to be a model 9 or make of significant value to collectors or exhibitors and 10 which has been maintained in or restored to a condition which is 11 substantially in conformity with manufacturer specifications and 12 appearance. 13 "Combination." Two or more vehicles physically 14 interconnected in tandem. 15 "Crosswalk." 16 (1) That part of a roadway at an intersection included 17 within the connections of the lateral lines of the sidewalks 18 on opposite sides of the highway, measured from the curbs or, 19 in the absence of curbs, from the edges of the traversable 20 roadway; and, in the absence of a sidewalk on one side of the 21 roadway, that part of a roadway included within the extension 22 of the lateral lines of the existing sidewalk. 23 (2) Any portion of a roadway at an intersection or 24 elsewhere distinctly indicated for pedestrian crossing by 25 lines or other markings on the surface. 26 "Dealer." A person engaged in the business of buying, 27 selling or exchanging vehicles. 28 "Department." The Department of Transportation of the 29 Commonwealth. 30 "Divided highway." A highway divided into two or more 19750H1817B3002 - 24 -
1 roadways and so constructed as to impede vehicular traffic 2 between the roadways by providing an intervening space, physical 3 barrier or clearly indicated dividing section. 4 "Driveaway-towaway operation." Any operation in which any 5 motor vehicle, trailer or semi-trailer, singly or in 6 combination, constitutes the commodity being transported, when 7 one set or more of wheels of the vehicle are on the highway 8 during the course of transportation, whether or not the vehicle 9 furnished the motive power. 10 "Driver." A person who drives or is in actual physical 11 control of a vehicle. 12 "Driver's license." A license or permit to drive a motor 13 vehicle issued under this title. 14 "Emergency vehicle." A fire department vehicle, police 15 vehicle, ambulance, armed forces emergency vehicle, one private 16 vehicle of a fire or police chief or assistant chief or 17 ambulance corps commander or assistant commander or of a river 18 rescue commander used for answering emergency calls or other 19 vehicle designated by the secretary under section 6106 (relating 20 to designation of emergency vehicles by department). 21 "Engineering and traffic study." An orderly examination or 22 analysis of physical features and traffic conditions conducted 23 in accordance with regulations of the department and conforming 24 to generally accepted engineering standards and practices for 25 the purpose of ascertaining the need or lack of need for a 26 particular action by the department or local authorities. 27 "Essential parts." All integral and body parts of a vehicle 28 of a type required to be registered under this title, the 29 removal, alteration or substitution of which would tend to 30 conceal the identity of the vehicle or substantially alter its 19750H1817B3002 - 25 -
1 appearance, model, type or mode of operation. 2 "Established place of business." The place actually occupied 3 either continuously or at regular periods by a dealer, 4 manufacturer or other vehicle-related business where the books 5 and records are kept and a large share of the business is 6 transacted. 7 "Exhibit." Surrender of a document into the temporary 8 possession of a person for the purpose of examining the 9 document. 10 "Farm truck." A truck used exclusively for farming purposes. 11 "Fleet owner." A person, FEDERAL, STATE OR LOCAL GOVERNMENT <-- 12 AGENCY OR AUTHORITY owning or leasing 15 or more vehicles who OR <-- 13 WHICH provides servicing and repair of the vehicles. 14 "Foreign vehicle." A vehicle of a type required to be 15 registered under this title brought into this Commonwealth from 16 another state, territory or country other than in the ordinary 17 course of business by or through a manufacturer or dealer and 18 not registered in this Commonwealth. 19 "Freeway." A limited-access highway to which the only means 20 of ingress and egress is by interchange ramps. 21 "Full trailer." A vehicle designed to be drawn by a motor 22 vehicle and so constructed that no part of its weight rests upon 23 the towing vehicle. A semi-trailer attached to a towing vehicle 24 by means of an auxiliary front axle or dolly shall be deemed to 25 be a full trailer. 26 "Gross combination weight rating (GCWR)." The value 27 specified by the manufacturer as the loaded weight of a 28 combination. 29 "Gross vehicle weight rating (GVWR)." The value specified by 30 the manufacturer as the loaded weight of a single vehicle. 19750H1817B3002 - 26 -
1 "Gross weight." The combined weight of a vehicle or 2 combination of vehicles and its load and driver. 3 "Highway." The entire width between the boundary lines of 4 every way publicly maintained when any part thereof is open to 5 the use of the public for purposes of vehicular travel. The term 6 includes a roadway open to the use of the public for vehicular 7 travel on grounds of a college or university or public or 8 private school. 9 "House trailer." 10 (1) A trailer which is designed, constructed and 11 equipped as a dwelling place, living abode or sleeping place 12 (either permanently or temporarily) and is equipped for use 13 as a conveyance on streets and highways. 14 (2) A trailer containing a chassis and exterior shell 15 designed and constructed for use as a house trailer, as 16 defined in paragraph (1), but which is used permanently or 17 temporarily for advertising, sales, display or promotion of 18 merchandise or services, or for any other commercial purpose 19 except the transportation of property. 20 "Implement of husbandry." A vehicle designed or adapted and 21 used exclusively for agricultural operations and, as determined 22 by department regulations, only incidentally operated or moved 23 upon the highway. 24 "Intersection." 25 (1) The area embraced within the prolongation or 26 connection of the lateral curb lines, or, if none, then the 27 lateral boundary lines of the roadways of two highways which 28 join one another at, or approximately at, right angles, or 29 the area within which vehicles traveling upon different 30 highways joining at any other angle may come in conflict. 19750H1817B3002 - 27 -
1 (2) Where a highway includes two roadways 30 feet or 2 more apart, then every crossing of each roadway of the 3 divided highway by an intersecting highway shall be regarded 4 as a separate intersection. In the event the intersecting 5 highway also includes two roadways 30 feet or more apart, 6 then every crossing of two roadways of the highways shall be 7 regarded as a separate intersection. 8 "Issuing authority." A public official having the power and 9 authority of a justice of the peace, magistrate or district 10 justice. 11 "Laned roadway." A roadway which is divided into two or more 12 clearly marked lanes for vehicular traffic. 13 "Learner's permit." A driver's license issued for the 14 purpose of learning to operate a motor vehicle. 15 "Lienholder." A person holding a security interest in a 16 vehicle. 17 "Limited access highway." A highway in respect to which 18 owners or occupants of abutting lands and other persons have no 19 legal right of access except at points and in the manner 20 determined by the authority having jurisdiction over the 21 highway. 22 "Local authorities." County, municipal and other local 23 boards or bodies having authority to enact laws relating to 24 traffic. 25 "Manufacturer." A person engaged in the business of 26 constructing or assembling vehicles or motors or bodies of 27 vehicles. 28 "Manufacturer's shipping weight." The weight of a vehicle 29 including all installed options as delivered for retail sale by 30 the final stage manufacturer and as indicated on the 19750H1817B3002 - 28 -
1 manufacturer's certificate of origin. 2 "Messenger service." A person who, for a fee, advertises, 3 offers or provides to the public the service of obtaining from 4 the department vehicle titles, registrations, drivers' licenses 5 and similar documents. A dealer who obtains documents only for 6 purchasers of vehicles from the dealer is not a messenger 7 service. 8 "Mobile home." A trailer designed and used exclusively for 9 living quarters or commercial purposes which exceeds the maximum 10 size limitations prescribed by this title for operation on a 11 highway and is only incidentally operated on a highway, 12 including a unit transported on a removable or non-removable 13 frame designed so as to be assembled together with another unit 14 or units into a structure which is used exclusively for living 15 quarters, commonly known as a "modular unit." 16 "Motor home." A motor vehicle designed or adapted for use as 17 a mobile dwelling, office or commercial space, except a motor 18 vehicle equipped with a truck camper. 19 "Motor vehicle." A vehicle which is self-propelled except 20 one which is propelled by electric power obtained from overhead 21 trolley wires, but not operated upon rails. 22 "Motorcycle." A motor vehicle having a seat or saddle for 23 the use of the rider and designed to travel on not more than 24 three wheels in contact with the ground. 25 "Motor-driven cycle." A motorcycle, including a motor 26 scooter, with a motor which produces not to exceed five brake 27 horsepower, and every bicycle with motor attached. 28 "Motorized bicycle." A motor-driven cycle equipped with 29 operable pedals, a motor rated no more than 1.5 brake 30 horsepower, a cylinder capacity not exceeding 50 cubic 19750H1817B3002 - 29 -
1 centimeters, an automatic transmission, and a maximum design 2 speed of no more than 25 miles per hour. 3 "Nondivisible." Incapable of being divided into parts or 4 dismembered without substantially damaging its usefulness or 5 value. 6 "Nonresident." A person who is not a resident of this 7 Commonwealth. 8 "Number." When used in the context of identification means a 9 series of numerals or letters or both, with or without a prefix 10 or suffix. 11 "Official traffic-control devices." Signs, signals, markings 12 and devices not inconsistent with this title placed or erected 13 by authority of a public body or official having jurisdiction, 14 for the purpose of regulating, warning or guiding traffic. 15 "Operating privilege." The privilege to apply for and obtain 16 a license to use as well as the privilege to use a vehicle on a 17 highway as authorized in this title, but not a contract, 18 property right or civil right. 19 "Overtime parking." The continuous parking of a vehicle for 20 a period of time exceeding the maximum period established by 21 law. 22 "Owner." A person, other than a lienholder, having the 23 property right in or title to a vehicle. The term includes a 24 person entitled to the use and possession of a vehicle subject 25 to a security interest in another person, but excludes a lessee 26 under a lease not intended as security. 27 "Park" or "parking." 28 (1) When permitted, means the temporary storing of a 29 vehicle, whether occupied or not, off the roadway. 30 (2) When prohibited, means the halting of a vehicle, 19750H1817B3002 - 30 -
1 whether occupied or not, except momentarily for the purpose 2 of and while actually engaged in loading or unloading 3 property or passengers. 4 "Passenger car." A motor vehicle, except a motorcycle or <-- 5 motor-driven cycle, designed for carrying ten passengers or 6 less, and primarily used for the transportation of persons. 7 "Pedestrian." A natural person afoot. 8 "Pennsylvania Turnpike." The highway system owned and 9 operated by the Pennsylvania Turnpike Commission. 10 "Person." A natural person, firm, copartnership, association 11 or corporation. 12 "Police officer." A natural person authorized to direct or 13 regulate traffic and to make arrests for violations of traffic 14 regulations. 15 "Private road or driveway." A way or place in private 16 ownership and used for vehicular travel by the owner and those 17 having express or implied permission from the owner, but not by 18 other persons. 19 "Proof of insurance." A card issued by an insurance carrier 20 in compliance with regulations of the Insurance Commissioner 21 evidencing that a vehicle is covered by the insurance required 22 in section 104(a) of the act of July 19, 1974 (P.L.489, No.176), 23 known as the "Pennsylvania No-fault Motor Vehicle Insurance Act" 24 and regulations issued thereunder, or a card evidencing that a 25 vehicle is self-insured in compliance with that act and 26 regulations. 27 "Railroad grade crossing." One or more railroad tracks, but 28 not streetcar tracks, which intersect or cross a highway at the 29 same level or grade. 30 "Railroad sign or signal." A sign, signal or device erected 19750H1817B3002 - 31 -
1 by authority of a public body or official or by a railroad and 2 intended to give notice of the presence of railroad tracks or 3 the approach of a railroad train. 4 "Recall." To withdraw by formal action of the department for 5 an indefinite period the operating privilege of a person for 6 reasons of incompetency. 7 "Reconstructed vehicle." A vehicle of a type required to be 8 registered under this title materially altered from its original 9 construction by the removal, addition or substitution of 10 essential parts, new or used, OR A VEHICLE FOR WHICH A <-- 11 CERTIFICATE OF JUNK WAS ISSUED AND IS THEREAFTER RESTORED TO 12 OPERATING CONDITION. 13 "Registered gross weight." The maximum gross weight at which 14 a vehicle or combination is registered in this Commonwealth to 15 operate upon a highway. 16 "Registration." The authority for a vehicle to operate on a 17 highway as evidenced by the issuance of an identifying card and 18 plate or plates. 19 "Residence district." The territory contiguous to and 20 including a highway not comprising a business district when the 21 property on the highway for a distance of 300 feet or more is in 22 the main improved with residences or residences and buildings in 23 use for business. 24 "Resident." A person dwelling permanently or continuously 25 for a period exceeding 30 consecutive days within this 26 Commonwealth, except that a person who regularly dwells in two 27 or more states shall declare residence to be in any one of the 28 states. 29 "Revoke." To terminate by formal action of the department 30 any license, registration or privilege issued or granted by the 19750H1817B3002 - 32 -
1 department. Following a period of revocation, the license, 2 registration or privilege may not be restored except upon 3 submission and acceptance of a new application. 4 "Right-of-way." The right of one vehicle or pedestrian to 5 proceed in a lawful manner in preference to another vehicle or 6 pedestrian approaching under such circumstances of direction, 7 speed and proximity as to give rise to danger or collision 8 unless one grants precedence to the other. 9 "Roadway." That portion of a highway improved, designed or 10 ordinarily used for vehicular travel, exclusive of the berm or 11 shoulder. In the event a highway includes two or more separate 12 roadways the term "roadway" refers to each roadway separately 13 but not to all such roadways collectively. 14 "Safety zone." The area or space officially set apart within 15 a roadway for the exclusive use of pedestrians. 16 "Salvor." A person engaged in the business of acquiring 17 abandoned vehicles for the purpose of taking apart, junking, 18 selling, rebuilding or exchanging the vehicles or parts thereof. 19 "School bus." A motor vehicle which complies with the color 20 and lighting identification requirements of section 4552 21 (relating to general requirements for school buses). 22 "Secretary." The Secretary of Transportation of the 23 Commonwealth. 24 "Security interest." An interest in a vehicle reserved or 25 created by agreement which secures payment or performance of an 26 obligation. The term includes the interest of a lessor under a 27 lease intended as security. A security interest is perfected 28 when it is valid against third parties generally, subject only 29 to specific statutory exceptions. 30 "Semi-trailer." A vehicle designed to be towed by a motor 19750H1817B3002 - 33 -
1 vehicle and so constructed that some part of its weight rests 2 upon or is carried by the towing vehicle. 3 "Shall." Indicates that an action is required or prohibited. 4 "Should." Indicates that an action is advisable but not 5 required. 6 "Sidewalk." That portion of a street between curb lines, or 7 the lateral lines of a roadway, and the adjacent property lines, 8 intended for use by pedestrians. 9 "Special mobile equipment." Vehicles not designed or used 10 primarily for the transportation of persons or property and only 11 incidentally operated or moved over a highway, including but not 12 limited to: ditch digging apparatus, well boring apparatus; 13 earth moving and road construction and maintenance machinery, 14 such as asphalt spreaders, bituminous mixers, bucket loaders, 15 snowplows, ditchers, graders, finishing machines, road rollers, 16 scarifiers, earth moving carry-alls, scrapers, power shovels and 17 drag lines; and self-propelled cranes and tractors, other than 18 truck tractors. The term does not include house trailers; dump 19 trucks; truck-mounted transit mixers, cranes or shovels; or 20 other vehicles designed for the transportation of persons or 21 property to which machinery has been attached. 22 "Specially constructed vehicle." A vehicle of a type <-- 23 required to be registered MATERIALLY ALTERED FROM ITS ORIGINAL <-- 24 CONSTRUCTION OR A VEHICLE not originally constructed under a 25 distinctive name, make, model or type by a generally recognized 26 manufacturer of vehicles. and not materially altered from its <-- 27 original construction. 28 "Stand" or "standing." When prohibited, means the halting of 29 a vehicle, whether occupied or not, except momentarily for the 30 purpose of and while actually engaged in receiving or 19750H1817B3002 - 34 -
1 discharging passengers. 2 "State." A state, territory or possession of the United 3 States, the District of Columbia, the Commonwealth of Puerto 4 Rico or a province of Canada. 5 "State designated highway." A highway or bridge on the 6 system of highways and bridges over which the department has 7 assumed or has been legislatively given jurisdiction. 8 "Stop" or "stopping." 9 (1) When required, means complete cessation from 10 movement. 11 (2) When prohibited, means any halting even momentarily 12 of a vehicle, whether occupied or not, except when necessary 13 to avoid conflict with other traffic or in compliance with 14 the directions of a police officer or traffic-control sign or 15 signal. 16 "Streetcar." A car other than a railroad train for 17 transporting persons or property and operated upon rails. 18 "Suspend." To withdraw temporarily by formal action of the 19 department any license, registration or privilege issued or 20 granted by the department. Following a period of suspension, the 21 department shall restore the license, registration or privilege. 22 "Taxi." A motor vehicle designed for carrying no more than 23 five passengers, exclusive of the driver, and used for the 24 transportation of persons for compensation. 25 "Through highway." A highway or portion of a highway on 26 which vehicular traffic is given preferential right-of-way, and 27 at the entrances to which vehicular traffic from intersecting 28 highways is required by law to yield the right-of-way to 29 vehicles on the through highway in obedience to a stop sign, 30 yield sign or other official traffic-control device when the 19750H1817B3002 - 35 -
1 signs or devices are erected as provided in this title. 2 "Tire width." The linear distance between the exteriors of 3 the sidewalls of an uninflated tire, excluding elevations due to 4 labeling, decoration or protective sidebands. 5 "Traffic." Pedestrians, ridden or herded animals, vehicles, 6 streetcars and other conveyances, whether singly or together, 7 using any highway for purposes of travel. 8 "Traffic-control signal." A device, whether manually, 9 electrically or mechanically operated, by which traffic is 10 alternately directed to stop and permitted to proceed. 11 "Trailer." A vehicle designed to be towed by a motor 12 vehicle. 13 "Truck." A motor vehicle designed, used or maintained 14 primarily for the transportation of property. 15 "Truck-camper." A structure designed, used or maintained 16 primarily to be loaded or affixed to a motor vehicle to provide 17 a mobile dwelling, sleeping place, office or commercial space. 18 "Truck tractor." A motor vehicle designed and used primarily 19 for drawing other vehicles and not so constructed as to carry a 20 load other than a part of the weight of the vehicle and load so 21 drawn. 22 "Urban district." The territory contiguous to and including 23 any street which is built up with structures devoted to 24 business, industry or dwelling houses situated at intervals of 25 less than 100 feet for a distance of a quarter of a mile or 26 more. 27 "Urban mass transportation system." A person holding a 28 certificate of the Public Utility Commission or a municipality 29 authority, port authority or transportation authority 30 established under the laws of this Commonwealth that transports 19750H1817B3002 - 36 -
1 persons on schedule over fixed routes and derives over 80% of 2 their INTRASTATE SCHEDULED revenue from scheduled operations <-- 3 within the county in which they have their principal place of 4 business, or contiguous counties. 5 "Valueless except for junk." A vehicle which is inoperable 6 or unable to meet the vehicle equipment and inspection standards 7 under Part IV (relating to vehicle characteristics) to the 8 extent that the cost of repairs would exceed the value of the 9 repaired vehicle. The term does not include a vehicle which 10 would qualify as an antique or classic vehicle except for its 11 lack of restoration or maintenance. 12 "Vehicle." Every device in, upon or by which any person or 13 property is or may be transported or drawn upon a highway, 14 except devices moved by human power or used exclusively upon 15 rails or tracks. 16 "Vehicle identification number." A number consisting of 17 Arabic numerals or Roman numerals or both which the manufacturer 18 assigns to a vehicle for identification purposes, or, in the 19 absence of a manufacturer assigned number, which the department 20 assigns to a vehicle for identification purposes. 21 "Wrecker." A motor vehicle designed or constructed and used 22 for the towing of abandoned or disabled vehicles. 23 § 103. Uniformity of interpretation. 24 This title shall be so interpreted and construed as to 25 effectuate its general purpose to make uniform the law 26 throughout this Commonwealth and all political subdivisions. 27 § 104. Continuation of existing law. 28 The provisions of this title, so far as they are the same as 29 those of existing law, are intended as a continuation of such 30 laws and not as new enactments. 19750H1817B3002 - 37 -
1 PART II 2 TITLE, REGISTRATION AND LICENSING 3 Chapter 4 11. Certificate of Title and Security Interests 5 13. Registration of Vehicles 6 15. Licensing of Drivers 7 17. Financial Responsibility 8 19. Fees 9 CHAPTER 11 10 CERTIFICATE OF TITLE AND SECURITY INTERESTS 11 Subchapter 12 A. Certificate of Title 13 B. Security Interests 14 SUBCHAPTER A 15 CERTIFICATE OF TITLE 16 Sec. 17 1101. Certificate of title required. 18 1102. Vehicles not requiring certificate of title. 19 1103. Application for certificate of title. 20 1104. Examination of records upon receipt of application. 21 1105. Issuance of certificate of title. 22 1106. Content and effect of certificate of title. 23 1107. Delivery of certificate of title. 24 1108. Registration without certificate of title. 25 1109. Refusing issuance of certificate of title. 26 1110. Duplicate certificate of title to replace original. 27 1111. Transfer of ownership of vehicle. 28 1112. Disclosure of odometer reading and tampering with 29 odometer. 30 1113. Transfer to or from manufacturer or dealer. 19750H1817B3002 - 38 -
1 1114. Transfer of vehicle by operation of law. 2 1115. Correction of certificate of title. 3 1116. Issuance of new certificate following transfer. 4 1117. Vehicle destroyed or junked. 5 1118. Suspension and cancellation of certificate of title. 6 1119. Application for certificate of title by agent. 7 § 1101. Certificate of title required. 8 (a) General rule.--Except as provided in section 1102 9 (relating to vehicles not requiring certificate of title), every 10 owner of a vehicle which is in this Commonwealth and for which 11 no certificate of title has been issued by the department shall 12 make application to the department for a certificate of title of 13 the vehicle. 14 (b) Registration without certificate prohibited.--The 15 department shall not register or renew the registration of a 16 vehicle unless a certificate of title has been issued by the 17 department to the owner or an application for a certificate of 18 title has been delivered by the owner to the department. 19 (c) Penalty.--Failure to obtain a certificate of title as 20 required by law is a summary offense. 21 § 1102. Vehicles not requiring certificate of title. 22 No certificate of title need be obtained for: 23 (1) A vehicle owned by the United States unless it is 24 registered in this Commonwealth. 25 (2) A golf cart, motor-driven cycle, go-cart or other 26 similar vehicle unless it is registered in this Commonwealth. 27 (3) A new vehicle owned by a manufacturer or registered 28 dealer before and until sale. 29 (4) A vehicle owned by a nonresident of this 30 Commonwealth and not required by law to be registered in this 19750H1817B3002 - 39 -
1 Commonwealth. 2 (5) A vehicle owned by a resident legally required to be 3 registered in another state, based and used principally 4 outside of this Commonwealth, and not required by law to be 5 registered in this Commonwealth. 6 (6) A vehicle regularly engaged in the interstate 7 transportation of persons or property for which a currently 8 effective certificate of title has been issued in another 9 state. 10 (7) A vehicle moved solely by animal power. 11 (8) An implement of husbandry. 12 (9) Special mobile equipment. 13 (10) A mobile home. 14 § 1103. Application for certificate of title. 15 (a) Contents of application.--Application for a certificate 16 of title shall be made upon a form prescribed and furnished by 17 the department and shall contain a full description of the 18 vehicle, the vehicle identification number, date of purchase, 19 the actual or bona fide name and address of the owner, a 20 statement of the title of applicant, together with any other 21 information or documents the department requires to identify the 22 vehicle and to enable the department to determine whether the 23 owner is entitled to a certificate of title and the amount and 24 description of any security interests in the vehicle. 25 (b) Signing and filing of application.--Application for a 26 certificate of title shall be made within ten days of the sale 27 or transfer of a vehicle or its entry into this Commonwealth 28 from another jurisdiction, whichever is later. The application 29 shall be accompanied by the fee prescribed in this title, and 30 any tax payable by the applicant under the laws of this 19750H1817B3002 - 40 -
1 Commonwealth in connection with the acquisition or use of a 2 vehicle or evidence to show that the tax has been collected. The 3 application shall be signed and verified by oath or affirmation 4 by the applicant if a natural person; in the case of an 5 association or partnership, by a member or a partner; and in the 6 case of a corporation, by an executive officer or some person 7 specifically authorized by the corporation to sign the 8 application. 9 (c) Manufacturer's Statement of Origin for new vehicles.--If 10 the application refers to a new vehicle, it shall be accompanied 11 by the Manufacturer's Statement of Origin for the vehicle. 12 (d) Vehicles purchased from dealers.--If the application 13 refers to a vehicle purchased from a dealer, the dealer shall 14 mail or deliver the application to the department within ten 15 days of the date of purchase. The application shall contain the 16 names and addresses of any lienholders in order of priority, the 17 amounts and the dates of the security agreements, and be 18 assigned by the dealer to the owner and signed by the owner. Any 19 dealer violating this subsection is guilty of a summary offense 20 and shall, upon conviction, be sentenced to pay a fine of $50 21 for each violation. THIS SUBSECTION DOES NOT APPLY TO VEHICLES <-- 22 PURCHASED BY FLEET OWNERS OR GOVERNMENTAL OR QUASI-GOVERNMENTAL 23 AGENCIES. 24 (e) Out-of-state vehicles.--If the application refers to a 25 vehicle last previously titled or registered in another state or 26 country, the following information shall be contained in or 27 accompany the application or be forwarded in support of the 28 application as required by the department: 29 (1) Any certificate of title issued by the other state 30 or country. 19750H1817B3002 - 41 -
1 (2) A tracing of the vehicle identification number taken 2 from the official number plate or, where it is impossible to 3 secure a legible tracing, the verification of a person 4 authorized by the department that the vehicle identification 5 number of the vehicle has been inspected and found to conform 6 to the description given in the application. 7 (3) Any other information and documents the department 8 reasonably requires to establish the ownership of the vehicle 9 and the existence or non-existence of security interests in 10 the vehicle. 11 (f) Foreign vehicles owned by military personnel.--If the 12 application refers to a vehicle last previously registered in 13 another country by a person on active duty in the armed forces 14 of the United States, the department may accept a complete form 15 issued by the United States Department of Defense as evidence of 16 ownership. 17 (g) Specially constructed or reconstructed vehicles.--If the 18 vehicle to be titled is a specially constructed or reconstructed 19 vehicle, that fact shall be stated in the application. The 20 department may promulgate rules and regulations pertaining to 21 the titling of specially constructed or reconstructed vehicles. 22 § 1104. Examination of records upon receipt of application. 23 The department, upon receiving an application for a 24 certificate of title, shall check the vehicle identification 25 number shown in the application against the records of vehicles 26 required to be maintained under section 1105 (relating to 27 issuance of certificate of title) and against the record of 28 stolen vehicles required to be maintained under section 7114 29 (relating to records of stolen vehicles). If the record 30 indicates that the vehicle is stolen, the application and 19750H1817B3002 - 42 -
1 accompanying documents may be retained by the department pending 2 investigation. 3 § 1105. Issuance of certificate of title. 4 (a) General rule.--The department shall file each 5 application received and, when satisfied as to the genuineness 6 and regularity of the application and that the applicant is 7 entitled to the issuance of a certificate of title, shall issue 8 a certificate of title for the vehicle. The department shall use 9 reasonable diligence in ascertaining whether or not the facts 10 stated in the application are true. 11 (b) Maintenance of records.--The department shall maintain a 12 record of all certificates of title issued by the department as 13 follows: 14 (1) Under a distinctive title number assigned to the 15 vehicle. 16 (2) Under the vehicle identification number. 17 (3) Alphabetically, under the name of the owner. 18 (4) In the discretion of the department, by any other 19 method determined by the department. 20 § 1106. Content and effect of certificate of title. 21 (a) Vehicle identification and encumbrances.--A certificate 22 of title shall contain such description and other evidence of 23 identification of the vehicle for which it is issued as the 24 department may deem necessary, together with a statement of any 25 liens or encumbrances including the names and addresses of the 26 holder or holders of the liens or encumbrances. 27 (b) Indication of special prior use.--No person shall assign 28 a certificate of title to any vehicle having seating capacity 29 for nine or less occupants which has been used as a taxicab or 30 for the carrying of passengers for hire, or any vehicle used as 19750H1817B3002 - 43 -
1 a police car, unless the certificate clearly contains notice 2 that the vehicle has been so used. Indication of such use shall 3 be deemed part of the description of the vehicle. Any person 4 violating this subsection is guilty of a summary offense and 5 shall, upon summary conviction, be sentenced to pay a fine of 6 $50. 7 (c) Certificate as evidence and notice.--A certificate of 8 title issued by the department is prima facie evidence of the 9 facts appearing on the certificate. The certificate shall be 10 adequate notice to the Commonwealth, creditors, subsequent 11 lienholders and purchasers that a lien against the vehicle 12 exists. 13 § 1107. Delivery of certificate of title. 14 The certificate of title shall be mailed to the first 15 lienholder or encumbrancer named in the certificate or, if none, 16 to the owner. 17 § 1108. Registration without certificate of title. 18 If the department is not satisfied as to the ownership of the 19 vehicle or that there are no undisclosed security interests in 20 the vehicle, the department may register the vehicle but shall 21 withhold issuance of a certificate of title until the applicant 22 presents documents reasonably sufficient to satisfy the 23 department as to the ownership by the applicant of the vehicle 24 and that there are no undisclosed security interests in the 25 vehicle. 26 § 1109. Refusing issuance of certificate of title. 27 The department may refuse issuance of a certificate of title 28 when it has reasonable grounds to believe: 29 (1) That any required fee has not been paid. 30 (2) That any taxes payable under the laws of this 19750H1817B3002 - 44 -
1 Commonwealth on or in connection with, or resulting from, the 2 acquisition or use of the vehicle have not been paid. 3 (3) That the applicant is not the owner of the vehicle. 4 (4) That the application contains a false or fraudulent 5 statement. 6 (5) That the applicant has failed to furnish required 7 information or documents or any additional information the 8 department reasonably requires. 9 § 1110. Duplicate certificate of title to replace original. 10 (a) Application for duplicate.--In the event of a lost, 11 destroyed, defaced, stolen or illegible certificate of title, 12 application for a duplicate may be made by furnishing 13 information satisfactory to the department upon a form 14 prescribed and furnished by the department. The form shall be 15 signed by the first lienholder or, if none, the owner or legal 16 representative of the owner, verified by oath or affirmation of 17 the applicant, accompanied by the fee provided in this title. 18 (b) Status of original and duplicate.--If the original 19 certificate of title is found after the duplicate is issued, the 20 original title shall be returned to the department with an 21 explanation. Only the duplicate title is valid once issued. 22 Subsequent transfer of ownership can be made only on the 23 duplicate. 24 § 1111. Transfer of ownership of vehicle. 25 (a) Duty of transferor.--In the event of the sale or 26 transfer of the ownership of a vehicle within this Commonwealth, 27 the owner shall execute an assignment and warranty of title to 28 the transferee in the space provided on the certificate or as 29 the department prescribes, sworn to before a notary public or 30 other officer empowered to administer oaths, and deliver the 19750H1817B3002 - 45 -
1 certificate to the transferee at the time of the delivery of the 2 vehicle. 3 (b) Duty of transferee.--Except as otherwise provided in 4 section 1113 (relating to transfer to or from manufacturer or 5 dealer), the transferee shall, with ten days of the assignment 6 or reassignment of the certificate of title, apply for a new 7 title by presenting to the department the properly completed 8 certificate of title, sworn to before a notary public or other 9 officer empowered to administer oaths, and accompanied by such 10 forms as the department may require. 11 (c) Penalty.--Any person violating subsection (a) shall be 12 guilty of a summary offense and shall, upon conviction, be 13 sentenced to pay a fine of $100 for a first offense; and shall 14 be guilty of a misdemeanor of the third degree for a second or 15 subsequent offense and shall, upon conviction, be sentenced to 16 pay a fine of not less than $300. 17 § 1112. Disclosure of odometer reading and tampering with 18 odometer. 19 (a) Statement by transferor of odometer reading.--Each 20 transferor of a motor vehicle shall furnish to the transferee at 21 the time of transfer a written statement disclosing the odometer 22 reading of the vehicle at the time of transfer and the date of 23 the transfer. The statement shall be signed by the transferor on 24 such form as the department may prescribe. 25 (b) Statement when actual mileage unknown.--If the 26 transferor knows that the odometer reading differs from the 27 number of miles the vehicle has actually traveled, and that the 28 difference is greater than that caused by odometer calibration 29 error, the transferor shall include a statement that the actual 30 vehicle mileage is unknown. 19750H1817B3002 - 46 -
1 (c) Tampering with odometer.--Except for purposes of repair 2 or replacement, it is unlawful for any person to disconnect, 3 turn back, tamper with or reset an odometer of any motor 4 vehicle. 5 (d) Exceptions.--The transferor of the following types of 6 motor vehicles need not disclose the odometer reading of the 7 vehicle: 8 (1) A motor vehicle having a gross vehicle weight rating 9 of more than 16,000 pounds. 10 (2) A motor vehicle 25 years or older. 11 (3) A motor vehicle transferred between dealers prior to 12 first retail sale. 13 (e) Penalties.--Any person violating subsection (a) or (b) 14 is guilty of a summary offense and shall, upon conviction, be 15 sentenced to pay a fine of $100. Any person violating subsection 16 (c) is guilty of a summary offense and shall, upon conviction, 17 be sentenced to pay a fine of $300. 18 § 1113. Transfer to or from manufacturer or dealer. 19 (a) Transfer to manufacturer or dealer.--When the purchaser 20 or transferee of a vehicle is a manufacturer or registered 21 dealer who holds the vehicle for resale, a certificate of title 22 need not be applied for as provided for in section 1111 23 (relating to transfer of ownership of vehicle) but the 24 manufacturer or dealer shall, within ten days from the date of 25 assignment of the certificate of title to the manufacturer or 26 dealer, notify the department, upon a form prescribed and 27 furnished by the department, of the acquisition of the vehicle. 28 Notification as authorized in this section may not be used in 29 excess of three consecutive transactions after which time an 30 application shall be made for a certificate of title. 19750H1817B3002 - 47 -
1 (b) Execution and display of notice of transfer.--The 2 manufacturer or dealer making notification as to any vehicle 3 acquired pursuant to subsection (a) shall execute at least three 4 copies, the original of which shall be forwarded to the 5 department, one copy to accompany the vehicle on any subsequent 6 transfer and one copy to be retained by the manufacturer or 7 dealer for at least one year after a subsequent transfer, to be 8 exhibited, with the assigned certificate of title, upon request 9 of any police officer or authorized department employee. 10 (c) Transfer from manufacturer or dealer.--The manufacturer 11 or dealer, upon transferring his interest in the vehicle, shall, 12 except as otherwise provided in this section when the transferee 13 is another manufacturer or dealer, execute an assignment and 14 warranty of title to the transferee in the space provided on the 15 certificate or as the department prescribes. The transferee 16 shall complete the application for certificate of title in the 17 name of the transferee. The certificate of title and any other 18 required forms shall be forwarded by the dealer or manufacturer 19 to the department within ten days of the transfer. 20 (d) Exception for repossessed vehicles.--This section does 21 not apply to a vehicle repossessed upon default of performance 22 of a lease, contract of conditional sale or similar agreement. 23 (e) Penalty.--Any manufacturer or dealer violating any of 24 the provisions of this section is guilty of a summary offense 25 and shall, upon conviction, be sentenced to pay a fine of $50 26 for each violation. 27 § 1114. Transfer of vehicle by operation of law. 28 (a) General rule.--If the interest of an owner in a vehicle 29 passes to another other than by voluntary transfer, the 30 transferee shall, except as otherwise provided, promptly mail or 19750H1817B3002 - 48 -
1 deliver to the department the last certificate of title, if 2 available, and shall apply for a new certificate of title on a 3 form prescribed and furnished by the department. The application 4 shall be accompanied by such instruments or documents of 5 authority, or certified copies thereof, as may be sufficient or 6 required by law to evidence or effect a transfer of title or 7 interest in or to chattels in such case. 8 (b) Transfer to surviving spouse.--Transfer of a certificate 9 of title to a surviving spouse, or any person designated by the 10 spouse, may be made without the necessity of filing for letters 11 of administration notwithstanding the fact that there are minor 12 children surviving the decedent provided the surviving spouse 13 files an affidavit that all the debts of the decedent have been 14 paid. 15 (c) Surrender of certificate.--A person holding a 16 certificate of title whose interest in a vehicle has been 17 extinguished or transferred other than by voluntary transfer 18 shall immediately surrender the certificate of title to the 19 person to whom the right to possession of the vehicle has 20 passed. Upon request of the department, such person shall mail 21 or deliver the certificate to the department. Delivery of the 22 certificate pursuant to the request of the department does not 23 affect the rights of the person surrendering the certificate. 24 § 1115. Correction of certificate of title. 25 (a) General rule.--When any certificate of title has been 26 issued in error to a person not entitled to the certificate or 27 contains incorrect information or information has been omitted 28 from the certificate, the department shall notify in writing the 29 person to whom the certificate has been issued or delivered and 30 such person shall immediately return the certificate of title 19750H1817B3002 - 49 -
1 within 48 hours, together with any other information necessary 2 for the adjustment of the department records, and, upon receipt 3 of the certificate, the department shall cancel the certificate 4 and issue a corrected certificate of title. 5 (b) Change in material information on certificate.--If any 6 material information on the certificate of title is changed or 7 different from the information originally set forth, the owner 8 shall immediately inform the department and apply for a 9 corrected certificate of title. For the purposes of this 10 subsection, a change of address shall not be deemed material. 11 (c) Seizure of certificate on conviction.--Upon summary 12 conviction for violation of the provisions of this section, the 13 department may delegate authority to any department employee or 14 police officer to seize the certificate of title. 15 § 1116. Issuance of new certificate following transfer. 16 (a) Voluntary transfer.--The department, upon receipt of a 17 properly assigned certificate of title with an application for a 18 new certificate of title, the required fee and any other 19 required documents and articles, shall issue a new certificate 20 of title in the name of the transferee as owner and mail it to 21 the first lienholder named in the certificate or, if none, to 22 the owner. 23 (b) Involuntary transfer.--The department, upon receipt of 24 an application for a new certificate of title by a transferee 25 other than by voluntary transfer, on a form prescribed and 26 furnished by the department together with proper proof 27 satisfactory to the department of the transfer, the required fee 28 and any other required documents and articles, shall issue a new 29 certificate of title in the name of the transferee as owner. 30 (c) Filing and retention of surrendered certificate.--The 19750H1817B3002 - 50 -
1 department shall file and retain for five years every 2 surrendered certificate of title, or a copy, in such a manner as 3 to permit the tracing of title of the vehicle. 4 § 1117. Vehicle destroyed or junked. 5 (a) Application for certificate of junk.--Any owner who 6 transfers a vehicle as scrap, or to be destroyed or junked, 7 shall assign the certificate of title to the person to whom the 8 vehicle is transferred. The transferee shall return the assigned 9 certificate of title to the department immediately with an 10 application for a certificate of junk upon a form furnished and 11 prescribed by the department. AN INSURER, AS DEFINED IN THE ACT <-- 12 OF JULY 19, 1974 (P.L.489, NO.176), KNOWN AS THE "PENNSYLVANIA 13 NO-FAULT MOTOR VEHICLE INSURANCE ACT," TO WHICH TITLE TO A 14 VEHICLE IS ASSIGNED UPON PAYMENT TO THE INSURED OF THE 15 REPLACEMENT VALUE OF THE VEHICLE, SHALL BE REGARDED AS A 16 TRANSFEREE UNDER THIS SUBSECTION. 17 (b) Issuance and effect of certificate of junk.--Upon proper 18 application for a certificate of junk, the department shall 19 issue to the transferee a certificate of junk which shall 20 authorize the holder to possess, transport, or by endorsement, 21 transfer ownership in the junked vehicle, and a certificate of 22 title shall not again be issued for the vehicle except upon 23 application containing the information the department requires, 24 accompanied by any necessary documents or articles. 25 (c) Vehicles with defective or lost title.--Any person on 26 whose property is located a vehicle which is valueless except 27 for junk and which has a faulty, lost or destroyed title may 28 transfer the vehicle to a salvor or to a salvage program 29 operated by a political subdivision for removal to a suitable 30 place of storage or for scrapping, provided the salvor or 19750H1817B3002 - 51 -
1 salvage program complies with the requirements of section 7309 2 (relating to junking of vehicles valueless except for junk), 3 except that the report to the department that the vehicle is 4 valueless except for junk shall be verified by the transferor of 5 the vehicle instead of the police department. The transferee 6 shall return the assigned certificate of title to the department 7 immediately with an application for certificate of junk upon a 8 form furnished and prescribed by the department. 9 (D) RECONSTRUCTED VEHICLE.--IF A VEHICLE FOR WHICH A <-- 10 CERTIFICATE OF JUNK HAS BEEN ISSUED IS THEREAFTER RESTORED TO 11 OPERATING CONDITION, IT SHALL BE REGARDED AS A RECONSTRUCTED 12 VEHICLE. 13 § 1118. Suspension and cancellation of certificate of title. 14 (a) Return of new vehicle.--The department may cancel the 15 certificate of title issued for a new vehicle when it is shown 16 by satisfactory evidence that the vehicle has been returned to 17 the manufacturer or dealer from whom obtained. 18 (b) Vehicles sold to nonresidents or junked.--The department 19 may cancel certificates of title for vehicles sold to residents 20 of other states or foreign countries when the vehicle is to be 21 registered in the other jurisdiction, or for abandoned or 22 destroyed vehicles authorized to be junked as provided in this 23 subchapter. 24 (c) Surrender of Pennsylvania certificate in other 25 jurisdiction.--The department, upon receipt of notification from 26 another state or foreign country that a certificate of title 27 issued by the department has been surrendered by the owner in 28 conformity with the laws of the other state or foreign country, 29 may cancel the certificate of title. 30 (d) Surrender of foreign certificate to department.--When an 19750H1817B3002 - 52 -
1 owner surrenders a certificate of title from another state or 2 foreign country to the department, the department shall notify 3 the state or foreign country in order that the certificate of 4 title may be cancelled or otherwise disposed of in accordance 5 with the law of the other jurisdiction. 6 (e) Conviction for misstatement of facts.--The department, 7 upon receipt of certification from the clerk of any court 8 showing conviction for a misstatement of facts on any 9 application for an original or duplicate certificate of title or 10 any transfer of a certificate of title, shall suspend the 11 certificate of title and require that the certificate be 12 returned immediately to the department, whereupon the department 13 may cancel the certificate. 14 (f) Nonpayment of fee.--The department may suspend a 15 certificate of title when a check received in payment of the fee 16 is not paid on demand or when the fee for the certificate is 17 unpaid and owing. 18 (g) Security interest unaffected by suspension or 19 cancellation.--Suspension or cancellation of a certificate of 20 title does not, in itself, affect the validity of a security 21 interest noted on the certificate. 22 (h) Surrender of certificate.--The department may request 23 the return of certificates of title which have been suspended or 24 cancelled. The owner or person in possession of the 25 certification of title shall immediately mail or deliver the 26 certificate to the department. 27 § 1119. Application for certificate of title by agent. 28 (a) Authorization to make application.--No person shall make 29 application for a certificate of title when acting for another 30 person unless authorization to make the application is in effect 19750H1817B3002 - 53 -
1 and is verified by oath or affirmation of the other person, made 2 not more than 15 days before the application is received by the 3 department. 4 (b) Certificate not to be assigned in blank.--No person 5 shall make application for, or assign or physically possess, a 6 certificate of title, or direct or allow another person in his 7 employ or control to make application for, or assign or 8 physically possess, a certificate of title, unless the name of 9 the transferee is placed on the assignment of certificate of 10 title simultaneously with the name of the transferor. 11 (c) Persons authorized to hold certificate.--No person shall 12 receive, obtain or hold a certificate of title recorded in the 13 name of another person for the other person who is not in the 14 regular employ of, or not a member of the family of, the other 15 person, unless the person receiving, obtaining or holding the 16 certificate of title has a valid undischarged lien recorded in 17 the department against the vehicle represented by the 18 certificate of title. 19 (d) Penalty.--Any person violating any of the provisions of 20 this section is guilty of a summary offense and shall, upon 21 conviction, be sentenced to pay a fine of $100. 22 SUBCHAPTER B 23 SECURITY INTERESTS 24 Sec. 25 1131. Applicability of subchapter. 26 1132. Perfection of security interest. 27 1133. Creation of security interest for titled vehicle. 28 1134. Assignment by lienholder of security interest. 29 1135. Satisfaction of security interest. 30 1136. Duty of lienholder to disclose pertinent information. 19750H1817B3002 - 54 -
1 1137. Subchapter exclusive for perfecting security interest. 2 1138. Duration of lien recorded on certificate of title. 3 § 1131. Applicability of subchapter. 4 This subchapter does not apply to or affect: 5 (1) A lien given by statute or rule of law to a supplier 6 of services or materials for the vehicle. 7 (2) A lien given by statute to the United States, the 8 Commonwealth or any political subdivision. 9 (3) A security interest in a vehicle created by a 10 manufacturer or dealer who holds the vehicle for sale. 11 (4) Any vehicle for which a certificate of title is not 12 required under this chapter. 13 § 1132. Perfection of security interest. 14 (a) Validity of unperfected interest.--Unless PERFECTED AS <-- 15 PROVIDED IN THIS SUBCHAPTER OR excepted by section 1131 16 (relating to applicability of subchapter), a security interest 17 in a vehicle of a type for which a certificate of title is 18 required is not valid against creditors of the owner or <-- 19 subsequent transferees or lienholders of the vehicle unless 20 perfected as provided in this subchapter. ANY PERSON AS TO WHOSE <-- 21 RIGHTS AN UNPERFECTED SECURITY INTEREST IS SUBORDINATE UNDER THE 22 PROVISIONS OF THE PENNSYLVANIA UNIFORM COMMERCIAL CODE. 23 (b) Method and time of perfection.--A security interest is <-- 24 perfected by the delivery to the department of NOTATION THEREOF <-- 25 BY THE DEPARTMENT ON THE CERTIFICATE OF TITLE FOR THE VEHICLE. 26 IN ORDER TO OBTAIN SUCH NOTATION THE LIENHOLDER SHALL DELIVER TO 27 THE DEPARTMENT the existing certificate of title, if any; an 28 application for a certificate of title upon a form prescribed by 29 the department containing the name and address of the 30 lienholder; and any other information regarding the security 19750H1817B3002 - 55 -
1 interest as may be reasonably required and the required fee. It <-- 2 is perfected as of the time of its creation if the delivery is 3 completed within ten days thereafter; otherwise as of the time 4 of the delivery. 5 (c) Prior security interest in vehicle from another 6 jurisdiction.--If a vehicle is subject to a security interest 7 when brought into this Commonwealth, the validity of the 8 security interest is determined by the law of the jurisdiction 9 where the vehicle was located when the security interest 10 attached subject to the following: 11 (1) If the parties understood at the time the security 12 interest attached that the vehicle would be kept in this 13 Commonwealth and it was brought into this Commonwealth within 14 30 days thereafter for purposes other than transportation 15 through this Commonwealth, the validity of the security 16 interest in this Commonwealth is determined by the law of 17 this Commonwealth. 18 (2) If the security interest was perfected under the law 19 of the jurisdiction where the vehicle was located when the 20 security interest attached, the following rules apply: 21 (i) If the name of the lienholder is shown on an 22 existing certificate of title issued by the jurisdiction, 23 the security interest continues perfected in this 24 Commonwealth. 25 (ii) If the name of the lienholder is not shown on 26 an existing certificate of title issued by that 27 jurisdiction, the security interest continues perfected 28 in this Commonwealth for four months after a first 29 certificate of title of the vehicle is issued in this 30 Commonwealth, and, thereafter if, within the four-month 19750H1817B3002 - 56 -
1 period, it is perfected in this Commonwealth. The 2 security interest may also be perfected in this 3 Commonwealth after the expiration of the four-month 4 period in which case perfection dates from the time of 5 perfection in this Commonwealth. 6 (3) If the security interest was not perfected under the 7 law of the jurisdiction where the vehicle was located when 8 the security interest attached, it may be perfected in this 9 Commonwealth in which case perfection dates from the time of 10 perfection in this Commonwealth. 11 (4) A security interest may be perfected under paragraph 12 (2)(ii) or paragraph (3) either as provided in subsection (b) 13 or by the lienholder delivering to the department a notice of 14 security interest in the form the department prescribes 15 together with the required fee. 16 § 1133. Creation of security interest for titled vehicle. 17 (a) Application by owner.--If an owner creates a security 18 interest in a vehicle for which a certificate of title has been 19 issued by the Commonwealth, the owner shall immediately execute 20 an application on a form prescribed by the department, naming 21 the lienholder on the certificate, showing the name and address 22 of the lienholder and the date of the security agreement. The 23 certificate of title, together with the application and the 24 required fee, shall be mailed or delivered to the department. 25 (b) Where certificate is in possession of lienholder.--Upon 26 request of the owner or subordinate lienholder, a lienholder in 27 possession of the certificate of title shall mail or deliver the 28 certificate to the department or, upon receipt from the 29 subordinate lienholder of the application of the owner and the 30 required fee, mail or deliver them to the department with the 19750H1817B3002 - 57 -
1 certificate. The delivery of the certificate does not affect the 2 rights of the first lienholder under his security agreement. 3 (c) Endorsement and delivery of certificate.--Upon receipt 4 of the certificate of title, application and the required fees, 5 the department shall endorse on the existing certificate of 6 title, or on a new certificate which it then issues, the name 7 and address of all secured parties and shall mail the 8 certificate of title to the first lienholder named in the 9 certificate. 10 § 1134. Assignment by lienholder of security interest. 11 (a) General rule.--A lienholder may assign, absolutely or 12 otherwise, his security interest in the vehicle to a person 13 other than the owner without affecting the interest of the owner 14 or the validity of the security interest but any person without 15 notice of the assignment is protected in dealing with the 16 lienholder as the holder of the security interest and the 17 lienholder remains liable for any obligations as lienholder 18 until the assignee is named as lienholder on the certificate. 19 (b) Duty of assignee.--The assignee shall deliver to the 20 department the certificate of title and an assignment by the 21 lienholder named in the certificate of title on a form 22 prescribed and furnished by the department and accompanied by 23 the required fee. 24 § 1135. Satisfaction of security interest. 25 (a) Absence of subsequent liens.--Where there are no 26 subsequent liens upon a vehicle, the following rules apply upon 27 the satisfaction of a security interest in the vehicle: 28 (1) The outstanding certificate of title shall be mailed 29 or delivered immediately to the owner of the vehicle with 30 proper evidence of satisfaction and release or the lienholder 19750H1817B3002 - 58 -
1 may apply for corrected title to be issued in the name of the 2 owner. 3 (2) The owner may mail or deliver the certificate of 4 title with proper evidence of satisfaction of the security 5 interest to the department which shall issue a corrected 6 certificate of title without a statement of liens or 7 encumbrances. The corrected certificate of title may also be 8 issued when the outstanding certificate cannot be returned 9 and proper evidence is produced that all recorded security 10 interests have been satisfied. 11 (b) Prior or subsequent liens.--Where there are subsequent 12 liens upon a vehicle or the lien to be released is not a first 13 lien, the following rules apply upon the satisfaction of a 14 security interest in the vehicle: 15 (1) If the lienholder whose security interest is 16 satisfied has possession of the certificate of title, the 17 lienholder shall mail or deliver the certificate of title, 18 immediately upon satisfaction, to the department with proper 19 evidence of satisfaction and release of the security 20 interest. A corrected certificate of title, containing a 21 statement of the remaining security interests on record, 22 shall be mailed by the department to the person holding the 23 next lien upon the vehicle. 24 (2) Upon the satisfaction of a security interest in a 25 vehicle for which the certificate of title is in the 26 possession of a prior lienholder, the lienholder whose 27 security interest is satisfied shall, immediately upon 28 satisfaction, mail or deliver to the owner proper evidence of 29 the satisfaction and release of the security interest. Upon 30 request of the owner and receipt of the release, the 19750H1817B3002 - 59 -
1 lienholder in possession of the certificate of title shall 2 mail or deliver the certificate of title together with the 3 release to the department. The department shall issue a 4 corrected certificate of title which shall be mailed to the 5 first lienholder. 6 (c) Penalties.-- 7 (1) Any person failing to deliver upon demand a 8 satisfied certificate of title as required by subsection 9 (a)(1) is guilty of a summary offense and shall, upon 10 conviction, for a first offense be sentenced to pay a fine of 11 $50 and for a subsequent offense be sentenced to pay a fine 12 of $100. 13 (2) Any person failing to return to the department a 14 certificate of title where there are other liens, for 15 correction and delivery, as required by subsection (b) is 16 guilty of a summary offense and shall, upon conviction, be 17 sentenced to pay a fine of $100. 18 (3) No person shall be deemed guilty of a violation of 19 this section if the person delivers the certificate of title 20 to the department within five days of the satisfaction of the 21 lien. 22 § 1136. Duty of lienholder to disclose pertinent information. 23 A lienholder named in a certificate of title shall, upon 24 written request of the owner or of another lienholder named on 25 the certificate, disclose any pertinent information as to the 26 security agreement and the indebtedness secured by the 27 agreement. 28 § 1137. Subchapter exclusive for perfecting security interest. 29 The method provided in this subchapter for perfecting and 30 giving notice of security interests is exclusive. 19750H1817B3002 - 60 -
1 § 1138. Duration of lien recorded on certificate of title. 2 (a) General rule.--A security interest recorded on a 3 certificate of title is effective for a period of five years 4 dating from the time of perfection as provided for in this 5 subchapter. 6 (b) Renewal of lien.--The effectiveness of a lien recorded 7 on the certificate of title lapses on the expiration of the 8 periods specified in subsection (a) unless a continuation 9 statement is filed within the six months immediately preceding 10 expiration. The lien may be renewed for as many one-year periods 11 as may be necessary by the holder of the security interest upon 12 a form furnished by the department, signed by the secured party 13 and accompanied by the fee provided in this title. 14 (c) Corrected certificate when lien expires.--A corrected 15 certificate of title without a statement of liens or 16 encumbrances shall be issued by the department, upon the request 17 of the owner, when the security interests recorded on the 18 certificate of title have expired. 19 CHAPTER 13 20 REGISTRATION OF VEHICLES 21 Subchapter 22 A. General Provisions 23 B. Registration Plates 24 C. Violations and Suspensions 25 SUBCHAPTER A 26 GENERAL PROVISIONS 27 Sec. 28 1301. Driving unregistered vehicle prohibited. 29 1302. Vehicles subject to registration. 30 1303. Vehicles of nonresidents exempt from registration. 19750H1817B3002 - 61 -
1 1304. Registration criteria.
2 1305. Application for registration.
3 1306. Grounds for refusing registration.
4 1307. Period of registration.
5 1308. Issuance of registration card.
6 1309. Renewal of registration.
7 1310. Temporary registration cards.
8 1311. Registration card to be signed and exhibited on demand.
9 1312. Notice of change of name or address.
10 1313. Duplicate registration cards.
11 1314. Transfer of registration.
12 1315. Operation of vehicle following death of owner.
13 1316. Department records.
14 § 1301. Driving unregistered vehicle prohibited.
15 It is a summary offense for any person to drive or for an
16 owner knowingly to permit to be driven upon any highway any
17 vehicle of a type required to be registered under this chapter
18 which is not registered or for which the appropriate fee has not
19 been paid when and as required in this title.
20 § 1302. Vehicles subject to registration.
21 (a) General rule.--No vehicle shall be operated upon any
22 highway in this Commonwealth until the vehicle is properly
23 registered with the department as provided in this chapter.
24 (b) Exceptions.--Subsection (a) does not apply to the
25 following:
26 (1) Any vehicle in conformance with the provisions of
27 this chapter relating to dealers, persons registered under
28 any of the miscellaneous motor vehicle business classes or
29 nonresidents.
30 (2) Any implement of husbandry. <--
19750H1817B3002 - 62 -
1 (2) MOTOR VEHICLES, TRACTORS, TRAILERS AND SEMI-TRAILERS <-- 2 DETERMINED BY THE DEPARTMENT TO BE USED EXCLUSIVELY BY ANY 3 PERSON, OR HIS AGENTS AND EMPLOYEES, UPON THE FARM OR FARMS 4 HE OWNS OR OPERATES, OR UPON HIGHWAYS CONNECTING THE MOST 5 DIRECT ROUTE ANY FARMS OR PORTIONS OF FARMS, ALL OF WHICH ARE 6 SITUATED IN ANY ONE COUNTY OR COUNTY NEXT ADJOINING THERETO 7 (UNLESS THE SAME IS A FARM TRACTOR IN WHICH EVENT THE 8 LIMITATION OF COUNTY LINES SHALL NOT BE APPLICABLE) AND UNDER 9 THE SINGLE OWNERSHIP OR OPERATION OF SUCH PERSON, SHALL BE 10 EXEMPT FROM REGISTRATION. A CERTIFICATE OF EXEMPTION SHALL BE 11 REQUIRED IN THE CASE OF MOTOR VEHICLES, TRAILERS AND SEMI- 12 TRAILERS, EXCEPT VEHICLES EXEMPT FROM REGISTRATION UNDER THIS 13 TITLE, WHICH USE THE HIGHWAYS AS ABOVE LIMITED, MAY BE 14 OPERATED UPON HIGHWAYS CONNECTING BY THE NEAREST ROUTE SUCH 15 FARM OR FARMS AND THE NEAREST OFFICIAL INSPECTION STATION FOR 16 PURPOSES OF INSPECTION, AS PROVIDED FOR IN THIS TITLE. 17 VEHICLES EXEMPT FROM REGISTRATION MAY ALSO BE OPERATED ON THE 18 HIGHWAYS BETWEEN SUCH FARM OR FARMS AND ANY GARAGE FOR THE 19 PURPOSE OF HAVING THE SAME REPAIRED, OR BETWEEN SUCH FARM OR 20 FARMS AND ANOTHER FARM FOR THE PURPOSE OF EXCHANGING FARM 21 WORK WITHOUT REMUNERATION, EXCEPT THAT THE SAID GARAGE OR 22 OTHER FARM IS WITHIN EIGHT MILES OF THE FARM OR FARMS WHICH 23 THE OWNER OR OPERATOR OF THE VEHICLE OWNS OR OPERATES. 24 VEHICLES EXEMPT FROM REGISTRATION MAY ALSO BE OPERATED ON THE 25 HIGHWAYS BETWEEN SUCH FARM OR FARMS AND ANY PLACE OR PLACES 26 FOR THE BUYING OR SELLING OF FARM PRODUCTS LOCATED WITHIN 27 EIGHT MILES OF THE FARM OR FARMS WHICH THE OWNER OR OPERATOR 28 OF THE VEHICLE OWNS OR OPERATES. 29 (3) Any self-propelled golf car used for the 30 transportation of persons engaged in the game of golf while 19750H1817B3002 - 63 -
1 crossing any public highway during any game of golf. 2 (4) Any vehicle moved by special permit as provided for 3 in sections 4965 (relating to single permits for multiple 4 highway crossings) and 4966 (relating to permit for movement 5 of quarry equipment). 6 (5) Any vehicle registered and displaying plates issued 7 in a foreign country by the armed forces of the United States 8 for a period of 45 days from the date of the return of the 9 owner to the United States. 10 (6) Any vehicle owned by a resident legally required to 11 be registered in another state based and used principally 12 outside of this Commonwealth. 13 (7) Any vehicle moved solely by animal power. 14 (8) Any self-propelled invalid wheel chair. 15 (9) Any mobile home. 16 (c) Certificate of title required.--No vehicle shall be 17 registered unless a certificate of title has been obtained, if 18 one is required by Chapter 11 (relating to certificate of title 19 and security interests). 20 § 1303. Vehicles of nonresidents exempt from registration. 21 (a) General rule.--A nonresident owner of any foreign 22 vehicle may operate or permit the operation of the vehicle 23 within this Commonwealth without registering the vehicle in this 24 Commonwealth or paying any fees to the Commonwealth, provided 25 the vehicle at all times when operated in this Commonwealth is 26 duly registered and in full compliance with the registration 27 requirements of the place of residence of the owner and further 28 provided the vehicle is not: 29 (1) used for the transportation of persons for hire, 30 compensation or profit; 19750H1817B3002 - 64 -
1 (2) regularly operated in carrying on business within 2 this Commonwealth; 3 (3) designed, used or maintained primarily for the 4 transportation of property for hire, compensation or profit; 5 or 6 (4) special mobile equipment if not also required to be, 7 and actually, registered under the laws of the place of 8 residence of the owner. 9 (b) Transportation of persons for hire, compensation or 10 profit.--Every owner of a foreign vehicle operated within this 11 Commonwealth for the transportation of persons for hire, 12 compensation or profit either regularly according to schedule or 13 for a period exceeding 30 days in the calendar year, unless 14 exempted from registration under the terms of a reciprocity 15 agreement or pursuant to the act of August 1, 1963 (P.L.479, 16 No.250), relating to Bus Taxation Proration Agreement, shall 17 register the vehicle according to the laws of this Commonwealth. 18 (c) Carrying on business in this Commonwealth.--Every 19 nonresident, including any foreign corporation, carrying on 20 business within this Commonwealth and operating in the business 21 any vehicle within this Commonwealth, unless exempted from 22 registration under the terms of a reciprocity agreement, shall 23 be required to register each such vehicle according to the laws 24 of this Commonwealth. 25 (d) Members of armed forces.--A member of the armed forces 26 of the United States who is serving on active duty in this 27 Commonwealth need not register a personal passenger vehicle in 28 this Commonwealth if the vehicle is registered in the state of 29 his residence. 30 (e) Trailer as part of registered combination.--Any motor 19750H1817B3002 - 65 -
1 vehicle registered as a combination in this Commonwealth may tow 2 a trailer registered in another state provided: 3 (1) the owner has as many trailers registered in this 4 Commonwealth as combinations so registered; or 5 (2) the towing vehicle is being operated under a 6 permanent lease to a person meeting the requirements of 7 paragraph (1). 8 § 1304. Registration criteria. 9 (a) General rule.--Except as otherwise provided in this 10 section, vehicle shall be registered for a flat fee. 11 (b) Classification of vehicles.--The department may identify 12 vehicles by type as to weight, design, loading, use, ownership 13 or other significant characteristics for purposes of 14 registration. 15 (c) Trucks, truck-tractors and trailers.--The department 16 shall register trucks, truck-tractors and trailers at the gross 17 weight requested by the applicant, provided that the weight is 18 not greater than allowed in subsection (d) or less than allowed 19 in subsection (e). 20 (d) Maximum registered gross weight.--No truck, truck- 21 tractor or trailer shall be registered at a gross weight in 22 excess of: 23 (1) the limiting weights established on the basis of 24 axle load, tire load, horse power or gross weight by type of 25 vehicles; 26 (2) the gross vehicle weight rating assigned by the 27 manufacturer; or 28 (3) a combination weight greater than the gross 29 combination weight rating. 30 In the case of a vehicle in which no gross vehicle weight rating 19750H1817B3002 - 66 -
1 or gross combination weight rating is assigned by the 2 manufacturer, an equivalent rating shall be determined by the 3 department on the basis of the vehicle's horsepower, braking 4 ability, axle limitations and such other factors related to safe 5 operation as may be established by regulations of the 6 department. 7 (e) Minimum registered gross weight.--No truck, truck- 8 tractor or trailer shall be registered at less than the total of 9 the weight of the unladen vehicle, the maximum weight of the 10 proposed load, the equivalent weight of the fuel capacity, 150 11 pounds times the seating capacity, and the weight of any 12 permanently or temporarily attached appurtenances. 13 (f) Registered gross weight of trucks and truck-tractors.-- 14 Every truck shall have its own registered gross weight and may 15 also be registered at a registered gross weight for a 16 combination. Every truck-tractor shall be registered at a 17 registered gross weight for a combination. 18 (g) Buses other than school buses.--The department shall 19 register buses, other than school buses, on the basis of 20 passenger seating capacity. 21 § 1305. Application for registration. 22 (a) Application for registration.--Application for the 23 registration of a vehicle shall be made to the department upon 24 the appropriate form or forms furnished by the department. The 25 application shall contain the full name and address of the owner 26 or owners; the make, model, year and vehicle identification 27 number of the vehicle; and such other information as the 28 department may require. Applicants for registration of a truck, 29 truck-tractor, trailer or bus shall provide the vehicle's Gross 30 Vehicle Weight Rating (GVWR), or the Gross Combination Weight 19750H1817B3002 - 67 -
1 Rating (GCWR), as applicable. If the manufacturer's ratings are 2 not available, the applicant shall provide sufficient 3 information as to the horsepower, braking capacity and such 4 other data as necessary for the department to determine an 5 equivalent measure of the vehicle's hauling and stopping 6 capability. If the applicant wishes to register a vehicle at a 7 registered gross weight less than the gross vehicle weight 8 rating, the application shall include information as to weight, 9 load and any other such information as the department may 10 require. The application shall be signed by the owner, if a 11 natural person, or if the owner is a corporation, copartnership 12 or association, by an executive officer or some person 13 specifically authorized, in writing, by the owner, to sign the 14 application, and shall be accompanied by PROOF OF INSURANCE AND <-- 15 the required fee. 16 (b) Evidence of P.U.C. approval for buses and taxis.--Before 17 registering any bus or taxi which is required under the laws of 18 this Commonwealth to obtain a certificate of public convenience 19 from the Pennsylvania Public Utility Commission, the department 20 shall require evidence that the certificate has been issued and 21 has not been revoked or has not expired. 22 (c) Designation of lessee as registrant.--The owner as 23 lessor may designate the lessee as the registrant of the vehicle 24 and the name and address of the lessee may be substituted on the 25 registration card for the address of the lessor. The department 26 shall designate the relationship upon the card in a manner it 27 deems appropriate. This subsection is applicable only for the 28 period during which the lease remains in effect. 29 § 1306. Grounds for refusing registration. 30 The department shall refuse registration and transfer of 19750H1817B3002 - 68 -
1 registration when any of the following circumstances exists: 2 (1) The applicant is not entitled to registration under 3 the provisions of this chapter. 4 (2) The applicant has at registration or titling 5 neglected or refused to furnish the department with the 6 information required on the appropriate official form, or any 7 reasonable additional information required by the department. 8 (3) The department has reasonable grounds to believe 9 that the application contains false or fraudulent 10 information, or that the vehicle is stolen, which fact the 11 department shall ascertain by reference to the stolen vehicle 12 file required to be maintained under section 7114 (relating 13 to records of stolen vehicles), or that the granting of 14 registration would constitute a fraud against the rightful 15 owner or other person having a valid lien upon the vehicle. 16 (4) The fees required by law have not been paid. 17 (5) The vehicle is not constructed or equipped as 18 required by this title. 19 (6) The registration of the vehicle stands suspended for 20 any reason as provided for in this title. 21 § 1307. Period of registration. 22 (a) Staggered renewal system to be established.--The 23 department shall establish a system of staggered registration 24 renewal in a manner that some registrations will expire every 25 month throughout the year. 26 (b) New registration.--A new registration is effective on 27 the date of issuance of a registration card by the department or 28 the date of issuance of a temporary registration card by an 29 authorized agent of the department under section 1310 (relating 30 to temporary registration cards). 19750H1817B3002 - 69 -
1 (c) Renewal of registration.--A renewed registration shall 2 be effective on issuance by the department of a renewed 3 registration card except that the department, by regulation, may 4 establish a renewal system coordinated with the periodic 5 inspection of vehicles as provided in section 4702 (relating to 6 requirement for periodic inspection of vehicles). 7 (d) Expiration of registration.--A registration shall expire 8 on the last day of the month designated on the registration 9 card. The department shall send an application for renewal of 10 registration to every registrant at least 60 days prior to 11 expiration of the current registration. 12 (e) Antique and classic vehicles.--Antique and classic motor 13 vehicle registrations shall expire upon the junking, scrapping 14 or transfer of ownership of the vehicle, except that if the 15 transfer is between spouses or between parent and child the 16 registration may be transferred upon payment of a transfer fee. 17 § 1308. Issuance of registration card. 18 (a) General rule.--The department, upon registering a 19 vehicle, shall issue to the registrant a registration card which 20 shall contain the registration number assigned to the vehicle, 21 the name and address of the registrant and the name of the 22 owner, if other than the registrant, a description of the 23 vehicle including the vehicle identification number, the 24 expiration date, provision for the registrant to certify that 25 the vehicle is currently covered by no-fault and liability 26 insurance and such other information as may be determined by the 27 department. The registration card shall be valid only upon 28 affixing to the vehicle a certificate of inspection as provided 29 in section 4702 (relating to requirement for periodic inspection 30 of vehicles). 19750H1817B3002 - 70 -
1 (b) Trucks.--The registration card for a truck shall 2 indicate the registered gross weight of the truck, and the 3 registered gross weight of the combination, if the truck is so 4 registered, in addition to other information required. 5 (c) Truck-tractors.--The registration card for a truck- 6 tractor shall indicate the registered gross weight of the 7 combination in addition to other information required. 8 (d) Trailers.--The registration card for a trailer shall 9 indicate the registered gross weight of the trailer in addition 10 to other information required. 11 (e) Buses.--The registration card for a bus shall indicate 12 the passenger seating capacity of the bus. 13 § 1309. Renewal of registration. 14 At least 60 days prior to the expiration of each 15 registration, the department shall send to the registrant an 16 application for renewal of registration. Upon return of the 17 application with the applicable fee, the department shall send 18 to the registrant a renewed registration card which shall be 19 valid only upon affixing to the vehicle a certificate of 20 inspection as provided in section 4702 (relating to requirement 21 for periodic inspection of vehicles). 22 § 1310. Temporary registration cards. 23 (a) General rule.--The department shall provide temporary 24 registration cards for use pending issuance or transfer of 25 permanent registration cards. Temporary registration cards may 26 be delivered to designated agents who shall have the authority 27 to issue them in accordance with regulations promulgated by the 28 department. 29 (b) Duration.--Temporary registration cards shall be valid 30 for such period as the department shall designate. 19750H1817B3002 - 71 -
1 (c) Charges by designated agent.--A designated agent may not 2 charge more than $5 for issuing a temporary registration card 3 including any notary charges. 4 § 1311. Registration card to be signed and exhibited on demand. 5 (a) Signing card.--Upon receiving the registration card or 6 any duplicate, the registrant shall enter the required 7 information as to no-fault and liability insurance coverage and 8 sign his name in the space or spaces provided. 9 (b) Carrying and exhibiting card.--Every registration card 10 shall, at all times while the vehicle is being operated upon a 11 highway, be in the possession of the person driving or in 12 control of the vehicle or carried in the vehicle and shall be 13 exhibited upon demand of any police officer. 14 (c) Production to avoid penalty.--No person shall be 15 convicted of violating this section or section 1302 (relating to 16 vehicles subject to registration) if the person produces at the 17 office of the issuing authority or at the office of the 18 arresting police officer within five days of the violation, a 19 registration card valid in this Commonwealth at the time of the 20 arrest. 21 § 1312. Notice of change of name or address. 22 Any person whose address is changed from the address named in 23 the application for registration or on the registration card or 24 whose name is changed shall, within 15 days, notify the 25 department in writing of the old and new address, or of such 26 former and new names, and of the operator's number on any 27 registration card then held by the person. 28 § 1313. Duplicate registration cards. 29 (a) Additional cards upon request.--The department shall, if 30 so requested, issue to the registrant of any vehicle whose 19750H1817B3002 - 72 -
1 registration is not under suspension a duplicate registration 2 card, or as many duplicate registration cards as requested, upon 3 payment of the fee provided in this title for each card. 4 (b) Replacement of lost or illegible card.--In the event of 5 a lost, stolen, destroyed or illegible registration card, the 6 registrant shall apply to the department for a duplicate within 7 48 hours of discovery of the loss or defacement of such 8 registration card, upon a form furnished by the department, and 9 accompanied by the fee provided in this title. 10 (c) Affidavit to avoid penalty.--No owner or operator of a 11 vehicle shall be subject to a fine for failure to have the 12 registration card if the owner or operator makes affidavit that 13 the card was lost or stolen within the period of 20 days 14 preceding and that application for new registration card was 15 made within 48 hours as required in this section. 16 § 1314. Transfer of Registration. 17 (a) General rule.--Registration and registration plates may 18 be transferred to another vehicle owned or leased by the 19 registrant, or to a vehicle owned or leased by the spouse, 20 parent or child of the registrant. 21 (b) Procedure for transfer.--In order to transfer 22 registration and registration plates, the transferee shall apply 23 for a temporary registration card in accordance with section 24 1310 (relating to temporary registration cards) and 25 simultaneously apply for transfer of registration under this 26 section. 27 (c) Same vehicle type.--If the transfer is within the same 28 vehicle type, the transferee shall retain the registration plate 29 previously issued, unless lost or destroyed. A new registration 30 card shall be issued by the department. 19750H1817B3002 - 73 -
1 (d) Different vehicle type.--If the transfer is to another
2 vehicle type, a new registration plate and card shall be issued
3 to the transferee. The previously issued plate shall be returned
4 to the department for cancellation immediately upon receipt of
5 the new registration plate, unless lost or destroyed. In
6 addition to the transfer fee, the transferee shall pay the
7 difference in registration fees when transferring registration
8 to a type or class of vehicle requiring a higher fee. No refund
9 shall be payable on transferring to a type or class of vehicle
10 requiring a lower fee.
11 § 1315. Operation of vehicle following death of owner.
12 When the owner of a vehicle is deceased, the vehicle may be
13 operated by or for any heir or personal representative of the
14 decedent for the remainder of the current registration period
15 and throughout the next following registration period, provided
16 that the registration is renewed in the name of the decedent's
17 estate as otherwise required by this chapter. Registration may
18 continue to be renewed thereafter in the name of the decedent's
19 estate by any person entitled to the family exemption until the
20 final account is approved by the court.
21 § 1316. Department records.
22 The department shall maintain suitable records in a manner
23 permitting identification of vehicles and owners, including:
24 (1) All registrations and transfers of registrations
25 issued.
26 (2) All registrations and transfers of registrations
27 denied and reasons for denial. Registration REGISTRATIONS and <--
28 transfers returned for correction of errors or omissions need
29 not be recorded.
30 SUBCHAPTER B
19750H1817B3002 - 74 -
1 REGISTRATION PLATES 2 Sec. 3 1331. Registration plates to be furnished by department. 4 1332. Display of registration plate. 5 1333. Lost, stolen, damaged or illegible registration plate. 6 1334. Return of registration plate. 7 1335. Registration plates for manufacturers and dealers. 8 1336. Use of dealer registration plates. 9 1337. Use of "Miscellaneous Motor Vehicle Business" 10 registration plates. 11 1338. Handicapped plate. 12 1339. Legislative plate. 13 1340. Antique and classic plates. 14 1341. Personal plate. 15 1342. Use of school bus plates. 16 1343. Use of farm tractor plates. 17 1344. Special plates for disabled veterans. 18 § 1331. Registration plates to be furnished by department. 19 (a) General rule.--Upon registering a vehicle, the 20 department shall issue a registration plate, unless the 21 registrant has and intends to affix to the vehicle one of the 22 following special plates: 23 (1) Handicapped plate (section 1338). 24 (2) Legislative plate (section 1339). 25 (3) Antique plate (section 1340). 26 (4) Classic plate (section 1340). 27 (5) Personal plate (section 1341). 28 (6) No fee plate (section 1901). 29 (b) Information on plate.--Every registration plate shall 30 have displayed upon it the identifying numbers or letters 19750H1817B3002 - 75 -
1 assigned to the vehicle, the name of the Commonwealth, which may 2 be abbreviated, and any other data the department may deem 3 necessary. 4 (c) Temporary registration plates.--The department shall 5 provide temporary registration plates for use on vehicles which 6 are to be removed from this Commonwealth or for use as necessary 7 pending issuance of permanent registration plates. 8 (d) Reflectorizing material on plate.--All registration 9 plates, except temporary plates, shall be treated with 10 reflectorizing material in accordance with standards approved by 11 the department. 12 (e) Issuance of plates by agents.--The department may 13 deliver plates, other than special plates, to designated agents, 14 who shall have the authority to issue them in conjunction with 15 the issuance of temporary registration cards. 16 § 1332. Display of registration plate. 17 (a) General rule.--Every registration plate shall, at all 18 times, be securely fastened to the vehicle to which it is 19 assigned or on which its use is authorized in accordance with 20 regulations promulgated by the department. 21 (b) Obscuring plate.--It is unlawful to display on any 22 vehicle a registration plate which is so dirty as to prevent the 23 reading of the number or letters thereon at a reasonable 24 distance or is otherwise illegible at a reasonable distance or 25 is obscured in any manner. 26 § 1333. Lost, stolen, damaged or illegible registration plate. 27 (a) Substitute plate made by owner.--In the event a 28 registration plate is lost, stolen, damaged or illegible, the 29 owner of the vehicle shall immediately place on the vehicle a 30 home-made substitute plate or plates bearing the vehicle 19750H1817B3002 - 76 -
1 registration number and displayed as nearly as possible as 2 provided for in section 1332 (relating to display of 3 registration plate). 4 (b) Application for new plate.--The registrant of the 5 vehicle shall within 48 hours of discovering the loss, theft or 6 defacement apply to the department for a new plate and report 7 the loss or theft of a plate to the police. 8 (c) Substitute registration.--Where the registration plate 9 has been lost or stolen and in any other case in which the 10 department may deem it advisable, the original registration 11 shall be cancelled and substitute registration issued under a 12 new registration number other than that originally issued. Upon 13 receipt of substitute registration, it shall be the duty of the 14 registrant to return the old registration plates and card to the 15 department, unless lost or destroyed. 16 (d) Affidavit to avoid penalty.--No owner or operator of a 17 vehicle shall be subject to a fine for the reason that the 18 registration plate is missing if he makes affidavit that the 19 plate was lost or stolen within the period of the 20 days 20 preceding and that application for new plate or plates was made 21 within 48 hours as required in this section. 22 § 1334. Return of registration plate. 23 (a) General rule.--Registration plates shall be returned to 24 the department under the following circumstances: 25 (1) A registration plate shall be returned if the 26 registrant no longer has a vehicle titled in this 27 Commonwealth. 28 (2) A legislative registration plate shall be returned 29 on the expiration or termination of the term of office of the 30 legislative member. 19750H1817B3002 - 77 -
1 (3) A dealer or "Miscellaneous Motor Vehicle Business" 2 registration plate shall be returned if the business is 3 discontinued. 4 (4) A handicapped registration plate shall be returned 5 if the person to whom it was issued no longer qualifies under 6 section 1338 (relating to handicapped plate). 7 (b) Time for return of plate.--Each registration plate 8 required to be returned under this section shall be returned to 9 the department within five days of the occurrence requiring its 10 return. 11 (c) Statement accompanying returned plate.--Each returned 12 registration plate shall be accompanied by a statement of the 13 reason for the return of the plate and the date of the 14 occurrence requiring its return. 15 § 1335. Registration plates for manufacturers and dealers. 16 (a) General rule.--The department shall issue annually to 17 dealers and manufacturers licensed by the State Board of Motor 18 Vehicle Manufacturers, Dealers and Salesmen of the Department of 19 State special registration plates which may be displayed on 20 vehicles operating on highways in lieu of registering each 21 vehicle individually in accordance with the requirements of 22 section 1302(a) (relating to vehicles subject to registration). 23 (b) Application for plates.--Application for dealer 24 registration plates shall be made by the dealer or manufacturer 25 on a form provided by the department together with a copy of his 26 license from the State Board of Motor Vehicle Manufacturers, 27 Dealers and Salesmen. 28 (c) Exemption from individual registration.--Vehicles 29 displaying dealer registration plates may be operated on the 30 highway without registering each vehicle individually, provided 19750H1817B3002 - 78 -
1 that the plates are used in accordance with the limitations of 2 section 1336 (relating to use of dealer registration plates). 3 § 1336. Use of dealer registration plates. 4 (a) General rule.--Dealer registration plates may be used on 5 any vehicle owned or in possession of a dealer or manufacturer 6 and operated by the dealer or manufacturer or their employees 7 only when the vehicle is used for any of the following purposes: 8 (1) In the actual business of the dealer or 9 manufacturer. 10 (2) For the personal pleasure or use of the dealer or 11 members of his immediate family, or when the dealer is a 12 corporation, for the personal pleasure or use of not more 13 than three officers or members of their immediate families, 14 or for the personal use of the regular employees of the 15 dealer or corporation when operated by the employee. 16 (3) For teaching students enrolled in an approved driver 17 education course how to operate a vehicle and for the new 18 driver to take an examination for a driver's license. 19 (4) For testing vehicles in the possession of the dealer 20 or manufacturer. 21 (5) For demonstrating vehicles in the possession of the 22 dealer or manufacturer. 23 (b) Vehicles loaned to prospective purchasers.--Registered 24 dealers may permit the use of their dealer registration plates 25 for a period not exceeding five days upon vehicles owned by 26 them, and loaned to prospective purchasers for the purpose of 27 demonstrating the vehicle. Records shall be kept by the dealer 28 in a manner prescribed by the department indicating which 29 vehicles have been loaned to prospective purchasers, the name of 30 the person to whom loaned and the period of the loan. The 19750H1817B3002 - 79 -
1 records shall be open to inspection to representatives of the 2 department and to police officers. 3 § 1337. Use of "Miscellaneous Motor Vehicle Business" 4 registration plates. 5 (a) General rule.--The department shall issue annually to 6 owners of miscellaneous motor vehicle businesses licensed by the <-- 7 State Board of Motor Vehicle Manufacturers, Dealers and Salesmen 8 of the Department of State special registration plates which may 9 be displayed on vehicles operated on highways in lieu of 10 registering each vehicle individually in accordance with the 11 requirements of section 1302(a) (relating to vehicles subject to 12 registration). Registration plates issued under this section may 13 be used only when the vehicle is used for any of the following 14 purposes: 15 (1) In the conduct of the miscellaneous motor vehicle 16 business. 17 (2) For the personal pleasure or use of the owner of the 18 miscellaneous motor vehicle business or members of their 19 immediate family, or when the business is a corporation, for 20 the pleasure or use of not more than three officers or 21 members of their immediate families, or for the personal use 22 of the regular employees of the business when operated by the 23 employee. 24 (b) Application for registration.--Application for 25 registration in any of the "Miscellaneous Motor Vehicle 26 Business" classes shall be made upon a form provided by the 27 department and shall set forth the full name and business 28 address of the applicant and such other information as the 29 department shall require. The application shall be verified by 30 the oath or affirmation of the applicant or, if the applicant is 19750H1817B3002 - 80 -
1 a partnership or a corporation, by a partner or officer. 2 (c) Classes of "Miscellaneous Motor Vehicle Business".-- 3 (1) Repair, service and towing.--Any person engaged in 4 the repair, service or towing of motor vehicles. 5 (2) Vehicle salvage dealer.--Any person who maintains an 6 established place of business and who is engaged in the 7 business of buying, selling or exchanging used, wrecked or 8 abandoned vehicles and junkers for the purpose of remodeling, 9 taking apart, or rebuilding the same, or buying or selling of 10 parts. 11 (3) Transporter.--A person regularly engaged in the 12 business of transporting new vehicles or new and used 13 trailers on their own wheels, owned by or in possession of a 14 registered dealer. 15 (4) Financer or collector-repossessor.--A person who is 16 duly authorized to do business in this Commonwealth as a 17 financer or collector-repossessor and who is regularly 18 engaged in the business of financing sales, making loans on 19 the security of vehicles or repossessing vehicles which are 20 the subject of installment sales contracts as an independent 21 contractor. 22 § 1338. Handicapped plate. 23 On the application of any person who: 24 (1) does not have full use of a leg or both legs or an 25 arm or both arms; 26 (2) is blind; or 27 (3) is in loco parentis of a person specified in 28 paragraph (1) or (2); 29 the department shall issue special registration plates for any 30 passenger car or Class 1 truck designating the vehicle so 19750H1817B3002 - 81 -
1 licensed as being used by a handicapped person. Special plates 2 for handicapped persons may also be issued for vehicles operated 3 exclusively for the use and benefit of handicapped persons. The 4 department shall not charge any fee, other than the regular 5 registration fee, for the issuance of the registration plates. 6 § 1339. Legislative plate. 7 Upon application by a member of the General Assembly of the 8 Commonwealth or the Congress of the United States, the 9 department shall issue special registration plates indicating 10 that the vehicle is owned by a member of the Pennsylvania or 11 United States Senate or House of Representatives, as 12 appropriate. 13 § 1340. Antique and classic plates. 14 (a) General rule.--Upon submission by a vehicle owner of 15 information satisfactory to the department that a motor vehicle 16 is an antique motor vehicle or classic motor vehicle, 17 accompanied by the appropriate fee, the department may issue 18 special plates for the vehicle. No annual registration fee may 19 be charged for antique or classic motor vehicles. 20 (b) Use of plates.--It is unlawful for any person to operate 21 a vehicle with antique or classic registration plates for 22 general daily transportation. Permitted use shall be limited to 23 participation in club activities, exhibits, tours, parades, 24 occasional transportation and similar uses. 25 § 1341. Personal plate. 26 Upon request by the applicant, the department may issue 27 registration plates consisting of any combination of numbers, 28 letters or numbers and letters. These special plates may be 29 issued for special groups or for special purposes and bear an 30 appropriate designation. They shall have the same force and 19750H1817B3002 - 82 -
1 effect as regular registration plates. The department may refuse 2 any combination of letters and numbers for cause and shall adopt 3 reasonable rules and regulations for the issuance of the plates 4 and for carrying out the provisions of this section. The 5 applicant shall comply with all laws and regulations pertaining 6 to registration including the payment of any additional fees. 7 § 1342. Use of school bus plates. 8 (a) General rule.--A motor vehicle bearing school bus 9 registration plates shall be used exclusively for the 10 transportation of children and no more than five chaperones to 11 or from school or in connection with any school-related activity 12 or for transportation without charge of passengers in connection 13 with an activity sponsored by a religious, charitable or civic 14 organization. Except when transporting children to and from 15 school or school-related activities, the words "school bus" on 16 the front and rear of the vehicle shall be concealed and the red 17 and amber visual signals shall not be operable. 18 (b) Penalty.--Any person violating this section is guilty of 19 a summary offense and shall, upon conviction, be sentenced to 20 pay a fine of not less than $100. $25. <-- 21 § 1343. Use of farm truck plates. 22 (a) General rule.--A truck bearing farm truck registration 23 plates shall be used exclusively upon a farm or farms owned or 24 operated by the owner of the vehicle or upon highways between: 25 (1) Parts of one farm. 26 (2) Farms located not more than 25 miles apart. 27 (3) A farm and a place of business located within a 28 radius of 25 50 miles from the farm for the purpose of buying <-- 29 or selling agricultural commodities or supplies or for the 30 inspection, repair or servicing of the vehicle. 19750H1817B3002 - 83 -
1 (b) Penalty.--Any person violating this section is guilty of
2 a summary offense and shall, upon conviction, be sentenced to
3 pay a fine of not less than $100. $25. <--
4 § 1344. Special plates for disabled veterans.
5 On the application of any disabled veteran, so certified by
6 the United States Veterans' Administration, the department shall
7 issue to him special registration plates designating the vehicle
8 so licensed as belonging to a disabled veteran. The registration
9 plates shall have a white background, shall have blue numbers or
10 letters as the department may determine, and shall have the
11 words, "disabled veteran," in at least ten-point bold type,
12 inscribed in red at the bottom of the plate. The department
13 shall issue registration plates so designated only to persons
14 who are disabled veterans. The department shall not charge any
15 fee, other than the regular fee for annual registration, for the
16 issuance of such registration plates.
17 SUBCHAPTER C
18 VIOLATIONS AND SUSPENSIONS
19 Sec.
20 1371. Operation following suspension of registration.
21 1372. Unauthorized transfer or use of registration.
22 1373. Suspension of registration.
23 1374. Suspension of vehicle business registration plates.
24 1375. Suspension of registration of unapproved carriers.
25 1376. Surrender of registration plates and cards upon
26 suspension.
27 1377. Judicial review of denial or suspension of registration.
28 § 1371. Operation following suspension of registration.
29 (a) General rule.--No person shall operate and no owner
30 shall permit to be operated upon any highway a vehicle the
19750H1817B3002 - 84 -
1 registration of which has been suspended. 2 (b) Penalty.--Any person violating this section is guilty of 3 a summary offense and shall, upon conviction, be sentenced to 4 pay a fine of not less than $100 nor more than $500. 5 § 1372. Unauthorized transfer or use of registration. 6 No person shall: 7 (1) allow a registration card or plate or permit to be 8 used by any person not authorized to use it or on any vehicle 9 other than the vehicle for which it was issued; 10 (2) use any registration card or plate or permit unless 11 authorized to do so; or 12 (3) display a registration card or plate in, on or in 13 connection with any vehicle other than the vehicle for which 14 it was issued. 15 § 1373. Suspension of registration. 16 The department may suspend any registration after providing 17 opportunity for a hearing in any of the following cases when the 18 department finds upon sufficient evidence that: 19 (1) The vehicle is unsafe or unfit for operation or is 20 not equipped as required by this title. 21 (2) The owner or registrant has made, or permitted to be 22 made, any unlawful use of the vehicle or registration plate 23 or plates, or registration card, or permitted the use by a 24 person not entitled thereto. 25 (3) The owner or registrant has knowingly made a false 26 statement or knowingly concealed a material fact or otherwise 27 committed a fraud in any application or form required to be 28 filed by this title. 29 (4) Upon the request or order of any court of record. 30 (5) The required fee has not been paid. 19750H1817B3002 - 85 -
1 (6) The registrant or any agent or employee has 2 repeatedly violated any of the provisions of this chapter or 3 Chapter 11 (relating to certificate of title and security 4 interests). 5 § 1374. Suspension of vehicle business registration plates. 6 (a) General rule.--The department may suspend registration 7 plates for dealers, manufacturers or members of the 8 "Miscellaneous Motor Vehicle Business" class after providing 9 opportunity for a hearing in any of the following cases when the 10 department finds upon sufficient evidence that: 11 (1) The registrant is no longer entitled to licensing as 12 a dealer or manufacturer or to registration in the 13 "Miscellaneous Motor Vehicle Business" class. 14 (2) The registrant has made or permitted to be made any 15 unlawful use of the vehicle or registration plate or plates 16 or registration card or permitted the use by a person not 17 entitled thereto. 18 (3) The registrant has knowingly made a false statement 19 or knowingly concealed a material fact or otherwise committed 20 a fraud in any application. 21 (4) The registrant has failed to give notice of transfer 22 of ownership or of the destruction or junking of any vehicle 23 when and as required by this title. 24 (5) The registrant has failed to deliver to a transferee 25 lawfully entitled thereto or to the department, when and as 26 required by this title, a properly assigned certificate of 27 title. 28 (6) The registrant has repeatedly violated any of the 29 provisions of this title. 30 (7) Any fee payable to the Commonwealth in connection 19750H1817B3002 - 86 -
1 with the operation of the business of the registrant has not 2 been paid. 3 (b) Recommended action by State licensing board.--The 4 department may also audit and investigate dealers and 5 manufacturers registered by the State Board of Motor Vehicle 6 Manufacturers, Dealers and Salesmen to determine whether any 7 dealer or manufacturer has violated any provision of this title 8 pertaining to dealers or manufacturers or any regulation 9 promulgated by the department. The department may recommend that 10 the State Board of Motor Vehicle Manufacturers, Dealers and 11 Salesmen suspend the license of any dealer or manufacturer which 12 it finds has committed a violation and the board shall take 13 prompt action on any such recommendations under the act of 14 September 9, 1965 (P.L.499, No.254), known as the "Motor Vehicle 15 Manufacturer's Dealers and Salesmen's License Act." 16 § 1375. Suspension of registration of unapproved carriers. 17 (a) General rule.--The department shall suspend the 18 registration of any vehicle upon the presentation to the 19 department of a certificate of the Pennsylvania Public Utility 20 Commission setting forth, after hearing and investigation, that 21 the commission has found and determined that the vehicle has 22 been operated as a common carrier or contract carrier by motor 23 vehicle within this Commonwealth without the approval of the 24 commission and either that no appeal was filed from such 25 determination in the manner and within the time provided by law 26 or that the determination was affirmed on appeal. 27 (b) Rescission of suspension.--Any suspension of 28 registration under this section may be rescinded by the 29 department upon the petition of the owner of such vehicle or of 30 the lessee provided the petition is accompanied by a certificate 19750H1817B3002 - 87 -
1 of the Pennsylvania Public Utility Commission setting forth that 2 the commission does not object to the rescission. 3 § 1376. Surrender of registration plates and cards upon 4 suspension. 5 (a) General rule.--The department, upon suspending any 6 registration, shall require the registration plate or plates and 7 registration card to be surrendered immediately to the 8 department and may delegate authority to any authorized 9 department employee or police officer to seize the registration 10 plate or plates and registration card or cards. 11 (b) Penalty.--Any person failing or refusing to surrender to 12 the department, upon demand, any registration plate or card 13 which has been suspended is guilty of a summary offense and 14 shall, upon conviction, be sentenced to pay a fine of $100. 15 § 1377. Judicial review of denial or suspension of 16 registration. 17 Any person whose registration has been denied suspended by 18 the department shall have the right to appeal by filing a 19 petition within 30 days from the date notice is mailed for a 20 hearing in the court of common pleas in the county in which the 21 individual resides. The filing of the petition shall act as a 22 supersedeas and the suspension of registration shall not be 23 imposed until determination of the matter as provided in this 24 section. The court is hereby vested with jurisdiction, and it 25 shall be the duty of the court to set the matter down forthwith 26 for hearing upon 30 days written notice to the department, and 27 thereupon to take testimony and examine into the facts of the 28 case and to determine whether the petitioner is entitled to 29 registration or subject to suspension of registration under the 30 provisions of this title. 19750H1817B3002 - 88 -
1 CHAPTER 15 2 LICENSING OF DRIVERS 3 Subchapter 4 A. General Provisions 5 B. Comprehensive System For Driver Education and Control 6 C. Violations 7 SUBCHAPTER A 8 GENERAL PROVISIONS 9 Sec. 10 1501. Drivers required to be licensed. 11 1502. Persons exempt from licensing. 12 1503. Persons ineligible for licensing. 13 1504. Classes of licenses. 14 1505. Learners' permits. 15 1506. Application for driver's license or learner's permit. 16 1507. Application for driver's license or learner's permit by 17 minor. 18 1508. Examination of applicant for driver's license. 19 1509. Qualifications for Class 4 license. 20 1510. Issuance and content of driver's license. 21 1511. Carrying and exhibiting driver's license on demand. 22 1512. Restrictions on drivers' licenses. 23 1513. Duplicate and substitute drivers' licenses and learners' 24 permits. 25 1514. Expiration and renewal of drivers' licenses. 26 1515. Notice of change of name or address. 27 1516. Department records. 28 1517. Medical advisory board. 29 1518. Reports on mental or physical disabilities or disorders. 30 1519. Determination of incompetency. 19750H1817B3002 - 89 -
1 § 1501. Drivers required to be licensed. 2 (a) General rule.--No person, except those expressly 3 exempted, shall drive any motor vehicle upon a highway in this 4 Commonwealth unless the person has a driver's license valid 5 under the provisions of this chapter. 6 (b) Persons in towed vehicles.--No person, except those 7 expressly exempted, shall steer or, while within the passenger 8 compartment of the vehicle, exercise any degree of physical 9 control of a vehicle being towed by a motor vehicle upon a 10 highway in this Commonwealth unless the person has a valid 11 driver's license under the provisions of this chapter for the 12 type or class of vehicle being towed. 13 (c) Limitation on number of licenses.--No person shall 14 receive a driver's license unless and until the person 15 surrenders to the department all valid licenses in the person's 16 possession issued by this or any other state. All surrendered 17 licenses issued by another state shall be returned to that 18 state, together with information that the person is licensed in 19 this Commonwealth. No person shall be permitted to have more 20 than one valid driver's license at any time. 21 (d) Penalty.--Any person violating subsection (a) is guilty 22 of a summary offense and shall, upon conviction, be sentenced to 23 pay a fine of $200, except that, if the person charged furnishes 24 satisfactory proof of having held a valid driver's license 25 issued during the preceding driver's license period and no more 26 than 30 days have elapsed from the last date for renewal, the 27 fine shall be $25. No person charged with violating subsections 28 (a) or (b) shall be convicted if the person produces at the 29 office of the issuing authority or the arresting police officer 30 within five days a driver's license valid in this Commonwealth 19750H1817B3002 - 90 -
1 at the time of the arrest. 2 § 1502. Persons exempt from licensing. 3 The following persons are not required to obtain a driver's 4 license under this chapter: 5 (1) Any employee of the Federal Government while 6 operating a motor vehicle owned by or leased to the Federal 7 Government and being operated on official business unless the 8 employee is required by the Federal Government or any agency 9 thereof to have a state driver's license. 10 (2) Any person in the service of the Pennsylvania 11 National Guard when furnished with a valid military driver's 12 license and operating an official vehicle on official 13 business. 14 (3) Any nonresident who is at least 16 years of age and 15 who has in possession a valid driver's license issued in the 16 person's home state or country except that a person who has 17 been issued a valid driver's license in a country other than 18 the United States or Canada shall be exempt only upon showing 19 a satisfactory understanding of official traffic-control 20 devices. A nonresident may only drive the class or classes of 21 vehicles in this Commonwealth for which the person is 22 licensed to drive in the person's home state or country 23 subject to all restrictions contained on the license. 24 (4) Any person on active duty in the armed forces of the 25 United States who has in their immediate possession a valid 26 driver's license issued in a foreign country by the armed 27 forces of the United States may operate a motor vehicle in 28 this Commonwealth for a period of not more than 45 days from 29 the date of the person's return to the United States. 30 (5) Any person 14 years of age or older operating an 19750H1817B3002 - 91 -
1 implement of husbandry or any motorized self-propelled 2 equipment not required to be registered under this title. 3 Persons under 16 years of age are restricted to the operation 4 of implements of husbandry on one and two lane highways which 5 bisect or immediately adjoin the premises upon which such 6 person resides. 7 § 1503. Persons ineligible for licensing. 8 (a) General rule.--The department shall not issue any 9 driver's license to, or renew the driver's license of, any 10 person: 11 (1) Whose operating privilege is suspended or revoked in 12 this or any other state except as otherwise provided in this 13 title. 14 (2) Whose operating privilege is suspended or revoked in 15 any other state upon grounds which would authorize the 16 suspension or revocation of the operating privilege under 17 this title. 18 (3) Who is a user of alcohol or any controlled substance 19 to a degree rendering the user incapable of safely driving a 20 motor vehicle. This paragraph does not apply to any person 21 who is enrolled or otherwise participating in a methadone or 22 other controlled substance treatment program approved by the 23 Governor's Council on Drug and Alcohol Abuse provided that 24 the person is certified to be competent to drive by a 25 physician designated by the Governor's Council on Drug and 26 Alcohol Abuse. 27 (4) Who has been adjudged to be afflicted with or 28 suffering from any mental disability or disease and who has 29 not at the time of application been restored to competency by 30 the methods provided by law. 19750H1817B3002 - 92 -
1 (5) Whose name has been submitted under the provisions 2 of section 1518 (relating to reports on mental or physical 3 disabilities or disorders). 4 (6) Who is required by the department to take an 5 examination until the person has successfully passed the 6 examination. 7 (7) Who has repeatedly violated any of the provisions of 8 this chapter. The department shall provide an opportunity for 9 a hearing upon invoking this paragraph. 10 (b) Minors.--The department shall not issue any driver's 11 license to any person who is under the age of 16 years. 12 § 1504. Classes of licenses. 13 (a) Proper class of license required.--No person shall drive 14 any motor vehicle upon a highway in this Commonwealth unless the 15 person has a valid driver's license for the type or class of 16 vehicle being driven. 17 (b) Notation of class on license.--The department upon 18 issuing a driver's license shall indicate on the license the 19 type or general class or classes of vehicle or vehicles the 20 licensee may operate in accordance with the provisions of 21 subsection (c). 22 (c) Qualifications of applicants.--The department shall 23 establish by regulation the qualifications necessary for the 24 safe operation of the various types, sizes or combinations of 25 vehicles and the manner of examining applicants to determine 26 their qualifications for the type or general class of license 27 applied for. 28 (d) Number and description of classes.--Licenses issued by 29 the department shall be classified in the following manner: 30 (1) Class 1.--A Class 1 license shall be issued to those 19750H1817B3002 - 93 -
1 persons who have demonstrated their qualifications to operate 2 a single vehicle not in excess of 30,000 pounds registered 3 gross weight or any such vehicle towing a trailer not in 4 excess of 10,000 pounds gross weight. The holder of a Class 1 5 license shall not be deemed qualified to operate buses, 6 school buses or motorcycles unless the license is endorsed as 7 provided in this section. 8 (2) Class 2.--A Class 2 license shall be issued to those 9 persons over 18 years of age who have demonstrated their 10 qualifications to operate a single vehicle of over 30,000 11 pounds registered gross weight or any bus or any such vehicle 12 towing a trailer not in excess of 10,000 pounds gross weight. 13 The holder of a Class 2 license shall be deemed qualified to 14 operate those vehicles for which a Class 1 license is issued, 15 but not school buses or motorcycles unless the license is 16 endorsed as provided in this section. 17 (3) Class 3.--A Class 3 license shall be issued to those 18 persons over 18 years of age who have demonstrated their 19 qualifications to operate a vehicle while in combination with 20 or towing a trailer in excess of 10,000 pounds gross weight. 21 The holder of a Class 3 license shall be deemed qualified to 22 operate those vehicles for which a Class 1 or Class 2 license 23 is issued, but not school buses or motorcycles unless the 24 license is endorsed as provided in this section. 25 (4) Class 4.--Persons who have qualified to operate 26 school buses in accordance with this title and the rules and 27 regulations promulgated and adopted by the department shall 28 have the qualification endorsed on the license as provided in 29 this section. 30 (5) Class 5.--Those persons who have demonstrated their 19750H1817B3002 - 94 -
1 qualifications to operate a motorcycle, shall have that 2 qualification endorsed on one of the basic classes of license 3 described in this section. If a person is qualified only to 4 operate a motorcycle he shall be issued a license with only 5 that qualification endorsed on the license. 6 (6) Class 6.--Those persons who have demonstrated their 7 qualifications to operate a motor-driven cycle or motorized 8 bicycle shall have that qualification endorsed on one of the 9 basic classes of license described in this section. If a 10 person is qualified only to operate a motor-driven cycle or 11 motorized bicycle he shall be issued a license with only that 12 qualification endorsed on the license. 13 (e) Removal of class from license.--A person with a license 14 endorsed for a class may, upon request, have the endorsement 15 removed by the department without prejudice. 16 § 1505. Learners' permits. 17 (a) General rule.--A person who desires to obtain a driver's 18 license or who desires to be licensed in a class for which the 19 person is not already licensed shall apply to the department for 20 the class or classes of license in which the person desires to 21 be licensed. The department shall issue to each applicant a 22 learner's permit which shall clearly identify the class of 23 license applied for as provided in section 1504 (relating to 24 classes of licenses). 25 (b) Learner must be accompanied.--A learner's permit 26 entitles the person to whom it was issued to drive vehicles and 27 combinations of vehicles of the class or classes specified, but 28 only while the holder of the learner's permit is accompanied by 29 and under the immediate supervision of a person who: 30 (1) is licensed in this Commonwealth to drive vehicles 19750H1817B3002 - 95 -
1 of the class then being driven by the holder of the learner's 2 permit; and 3 (2) is actually occupying a seat beside the holder of 4 the learner's permit unless the vehicle is a motorcycle. 5 (c) Operation of motorcycle.--A motorcycle learner's permit 6 entitles the person to whom it is issued to operate a motorcycle 7 between sunrise and sunset while under the instruction and 8 immediate supervision of a licensed motorcycle operator. 9 Motorcycle learners shall not carry any passenger other than an 10 instructor properly licensed to operate a motorcycle. 11 (d) Duration of permit.--A learner's permit shall be valid 12 for a period of 120 days after date of issue, or until the 13 holder of the permit has failed the examination as authorized in 14 section 1508 (relating to examination of applicant for driver's 15 license) three times within the 120-day period. 16 § 1506. Application for driver's license or learner's permit. 17 (a) Form and content.--Every application for a learner's 18 permit or driver's license shall be made upon a form furnished 19 by the department and shall contain such information as the 20 department may require to determine the applicant's identity, 21 competency and eligibility. 22 (b) Signature and certification.--The application shall be 23 signed by the applicant who shall certify that the statements 24 made are true and correct. 25 § 1507. Application for driver's license or learner's permit by 26 minor. 27 (a) Signature of parent or guardian.--The application of any 28 person under the age of 18 years for a learner's permit or 29 driver's license shall also be signed by the father, mother, 30 guardian or person in loco parentis which signature shall be 19750H1817B3002 - 96 -
1 verified before a person authorized to administer oaths or 2 before an authorized department employee. 3 (b) Signature of spouse of married minor.--The application 4 of any married person under the age of 18 years may be signed by 5 the spouse, if the spouse is at least 18 years of age, and 6 verified before a person authorized to administer oaths. 7 (c) Certification of person signing.--Any person signing the 8 application shall certify that the statements made thereon are 9 true and correct to the best of the applicant's knowledge, 10 information and belief and that the person consents to the 11 issuance of the driver's license or learner's permit. 12 (d) Withdrawal of consent.--Any person who has signed the 13 application of a person under the age of 18 years for a driver's 14 license or learner's permit may thereafter file with the 15 department a verified written request that the driver's license 16 or learner's permit of the person be cancelled and the 17 department shall cancel the driver's license or learner's 18 permit. 19 § 1508. Examination of applicant for driver's license. 20 (a) General rule.--Every applicant for a driver's license 21 shall be examined for the type or class of vehicles that the 22 applicant desires to drive. The examination shall include a test 23 of the applicant's eyesight, ability to read and understand 24 official traffic-control devices, knowledge of safe driving 25 practices and the traffic laws of this Commonwealth, and shall 26 include an actual demonstration of ability to exercise ordinary 27 and reasonable control in the operation of a motor vehicle of 28 the type or class of vehicles for which the applicant desires a 29 license to drive. The examination may also include a physical 30 and mental examination if the department finds it necessary to 19750H1817B3002 - 97 -
1 further determine an applicant's fitness to operate a motor 2 vehicle safely upon the highways. 3 (b) Issuance of license to licensed nonresident.--A driver's 4 license may be issued to a person who has not had a learner's 5 permit but who at the time of application is of sufficient age 6 and has a valid driver's license issued by another state under a 7 law requiring the examination and licensing of drivers, 8 providing that the applicant demonstrates knowledge and 9 understanding of rules of the road and official traffic-control 10 devices. Also, the department must be satisfied that the 11 applicant's experience in driving vehicles which may be driven 12 by holders of the classes of licenses sought by the applicant is 13 sufficient to justify the issuance of the license without 14 further behind-the-wheel training. 15 § 1509. Qualifications for Class 4 license. 16 (a) School bus driver requirements.--No person shall be 17 issued a Class 4 license unless the person: 18 (1) has successfully completed a course of instruction 19 as provided in subsection (c); and 20 (2) has satisfactorily passed an annual physical 21 examination to be given by the physician for the school 22 district by which the person is employed. 23 (b) Proof of annual physical examination.--Every school bus 24 driver shall carry a certificate issued by an examining 25 physician indicating that the person has passed the prescribed 26 physical examination, including an examination of the eyes, 27 within the preceeding 12 months. 28 (c) School bus driver training program.--The department 29 shall establish standards for a basic course and a refresher 30 course for school bus drivers. The courses shall be conducted by 19750H1817B3002 - 98 -
1 school districts or groups of school districts or any State or 2 Federal transportation association of school bus operators 3 designated by the school district on a continuing basis, with 4 the costs and responsibility for completion of the training to 5 be borne by the school district or private or parochial school 6 for which the drivers operate. 7 § 1510. Issuance and content of driver's license. 8 (a) General rule.--The department shall, upon payment of the 9 required fee, issue to every qualified applicant a driver's 10 license indicating the type or general class of vehicles the 11 licensee may drive, which license may contain a distinguishing 12 number identifying the licensee, the actual name, date of birth, 13 residence address, a color photograph of the licensee, such 14 other information as may be required by the department, and 15 either a facsimile of the signature of the licensee or a space 16 upon which the licensee shall write his usual signature with pen 17 and ink. At the option of the applicant the applicant's social 18 security number may be used as the distinguishing number 19 identifying the licensee. No driver's license shall be valid 20 until it has been signed by the licensee. 21 (b) Identification card.--The department shall, upon payment 22 of the required fee, issue an identification card to any person 23 who has made application therefor in such manner as the 24 department shall prescribe. The identification card shall have 25 substantially the same content as a driver's license but shall 26 clearly indicate that it is not a driver's license. Upon failure 27 of any person to pass any examination required under section 28 1514 (relating to expiration and renewal of drivers' licenses), 29 the department shall, where appropriate, issue a complimentary 30 identification card as an expression of gratitude for years of 19750H1817B3002 - 99 -
1 safe driving. The card shall only be issued upon receipt of the 2 person's driver's license. 3 (c) Anatomical donors.--Any person who is registered as an 4 anatomical organ donor and who has in his possession a card 5 issued by the recipient organization may attach the card to the 6 reverse side of his driver's license or identification card in 7 such a way as to permit the removal of this card should the 8 person no longer desire to be designated as an anatomical donor. 9 § 1511. Carrying and exhibiting driver's license on demand. 10 (a) General rule.--Every licensee shall possess a driver's 11 license issued to the licensee at all times when driving a motor 12 vehicle and shall exhibit the license upon demand by a police 13 officer, and when requested by the police officer the licensee 14 shall write the licensee's name in the presence of the officer 15 in order to provide identity. 16 (b) Production to avoid penalty.--No person shall be 17 convicted of violating this section or section 1501(a) (relating 18 to drivers required to be licensed) if the person produces at 19 the office of the issuing authority or the arresting officer 20 within five days a driver's license valid in this Commonwealth 21 at the time of the arrest. 22 § 1512. Restrictions on drivers' licenses. 23 (a) General rule.--The department upon issuing a driver's 24 license shall have authority whenever good cause appears to 25 impose restrictions suitable to the licensee's driving ability 26 with respect to special mechanical control devices required on a 27 motor vehicle which the licensee may operate or such other 28 restrictions applicable to the licensee as the department may 29 determine to be appropriate to assure the safe operation of a 30 motor vehicle by the licensee. 19750H1817B3002 - 100 -
1 (b) Compliance with restrictions.--No person shall operate a 2 motor vehicle in any manner in violation of the restrictions 3 imposed. 4 § 1513. Duplicate and substitute drivers' licenses and 5 learners' permits. 6 (a) General rule.--If a learner's permit or driver's license 7 issued under the provisions of this chapter is mutilated, lost, 8 stolen, destroyed or becomes illegible, the person to whom it 9 was issued, upon furnishing proof satisfactory to the department 10 that the license or permit has been mutilated, lost, stolen, 11 destroyed, or has become illegible, shall obtain a duplicate or 12 substitute license or permit upon payment of the required fee. 13 (b) Return of original.--If a duplicate or substitute 14 learner's permit or driver's license has been issued, any person 15 who finds or otherwise obtains possession of the original shall 16 return the original to the department. 17 § 1514. Expiration and renewal of drivers' licenses. 18 (a) General rule.--Every driver's license shall expire in 19 the month of the licensee's birthdate at intervals of not more 20 than four years as may be determined by the department. Every 21 license shall be renewable on or before its expiration upon 22 application, payment of the required fee, and satisfactory 23 completion of any examination required or authorized by this 24 chapter. 25 (b) Examination of applicants for renewal.--The department 26 may require persons applying for renewal of a driver's license 27 to take and successfully pass a physical examination if the 28 department has reason to believe, either based on knowledge of 29 the person or on statistical inference, that the person may be a 30 traffic safety hazard. The department may require the applicant 19750H1817B3002 - 101 -
1 to take and successfully pass such additional tests as the 2 department may find reasonably necessary to determine the 3 applicant's qualification according to the type or general class 4 of license applied for and such examination may include any or 5 all of the other tests required or authorized upon original 6 application by section 1508 (relating to examination of 7 applicant for driver's license). Upon refusal or neglect of the 8 person to submit to the examination, the driver's license shall 9 not be renewed until such time as the examination is 10 successfully completed. 11 (c) Reexamination requested by court.--The department shall 12 reexamine any person when requested to do so by a court. Upon 13 the conclusion of such examination, the department may take any 14 of the actions described in subsection (b) and shall report its 15 findings and action to the court if such report is requested. 16 (d) Military personnel and dependents.--Notwithstanding 17 subsection (a), a driver's license held by any person who enters 18 or is on active service in the armed forces of the United States 19 or the spouse or dependent child of the member of the armed 20 forces who resides with such person shall continue in full force 21 and effect so long as the active service continues and the 22 person is absent from this Commonwealth, and for a further 23 period of 45 days following the date of the person's discharge 24 or separation from active service or return to this 25 Commonwealth, unless the driver's license is sooner suspended, 26 cancelled or revoked for cause according to law. A driver's 27 license which otherwise would have expired under subsection (a) 28 shall be valid only if the licensee has in immediate possession, 29 together with the driver's license, papers indicating actual 30 service outside this Commonwealth, or discharge or separation, 19750H1817B3002 - 102 -
1 as the case may be, or proof thereof if a spouse or child. 2 § 1515. Notice of change of name or address. 3 Whenever any person after applying for or receiving a 4 driver's license moves from the address named in the application 5 or in the driver's license issued or when the name of a licensee 6 is changed such person shall, within 15 days thereafter, notify 7 the department in writing of the old and new addresses or of 8 such former and new names and of the number of any license then 9 held by the person. 10 § 1516. Department records. 11 (a) Applications, suspensions and revocations.--The 12 department shall file every application for a license received 13 by it and shall maintain suitable records containing: 14 (1) All applications denied and the reasons for denial. 15 (2) All applications granted. 16 (3) The name of every licensee whose license has been 17 suspended or revoked by the department and the reasons for 18 such action. 19 (b) Accidents and convictions.--The department shall file 20 all accident reports and abstracts of court records of 21 convictions received by it under the laws of this Commonwealth 22 and maintain actual or facsimile records or make suitable 23 notations in order that the records of each licensee showing 24 convictions of the licensee and the traffic accidents shall be 25 available for official use. These records shall also be made 26 available to the courts for sentencing purposes. 27 (c) Dismissal of charges for violations.--If a charge for 28 violation of any of the provisions of this title against any 29 person is dismissed by any court of competent jurisdiction, no 30 record of the charge and dismissal shall be included in the 19750H1817B3002 - 103 -
1 driving record of the person. 2 (d) Updating driving record.--Drivers wishing to have their 3 record reviewed by the department may make such a request in 4 order that the record be brought up to date. 5 (E) AVAILABILITY OF RECORDS.--EVERY APPLICATION FOR THE <-- 6 RENEWAL OF A LICENSE SHALL PRESENT THE QUESTION OF WHETHER OR 7 NOT THE APPLICANT AUTHORIZES THE DEPARTMENT TO DISCLOSE HIS 8 PERSONAL RECORDS TO THE APPLICANT'S INSURER. NO SUCH RECORDS 9 SHALL BE MADE AVAILABLE TO THE INSURER WITHOUT THE APPLICANT'S 10 AUTHORIZATION. 11 § 1517. Medical advisory board. 12 (a) Membership.--There shall be a medical advisory board 13 consisting of 13 members appointed by the secretary. The board 14 shall be composed of an authorized representative from the 15 Department of Transportation, Department of Justice, Governor's 16 Council on Drug and Alcohol Abuse, Department of Health, 17 Pennsylvania State Police and professionals as follows: One 18 neurologist, one doctor of cardiovascular disease, one doctor of 19 internal medicine, one general practitioner, one 20 ophthalmologist, one psychiatrist, one orthopedic surgeon and 21 one optometrist. 22 (b) Formulation of regulations.--The board shall formulate 23 rules and regulations for adoption by the department on physical 24 and mental criteria including vision standards relating to the 25 licensing of drivers under the provisions of this chapter. 26 § 1518. Reports on mental or physical disabilities or 27 disorders. 28 (a) Definition of disorders and disabilities.--The medical 29 advisory board shall define disorders characterized by lapses of 30 consciousness or other mental or physical disabilities affecting 19750H1817B3002 - 104 -
1 the ability of a person to drive safely for the purpose of the 2 reports required by this section. 3 (b) Reports by medical personnel.--All physicians and other 4 persons authorized to diagnose or treat disorders and 5 disabilities defined by the medical advisory board shall report 6 to the department, in writing, the full name, date of birth and 7 address of every person over 15 years of age diagnosed as having 8 any specified disorder or disability within ten days. 9 (c) Responsibility of institution heads.--The person in 10 charge of every mental hospital, institution or clinic, or any 11 alcohol or drug treatment facility, shall be responsible to 12 assure that reports are filed in accordance with subsection (b). 13 (d) Confidentiality of reports.--The reports required by 14 this section shall be confidential and shall be used solely for 15 the purpose of determining the qualifications of any person to 16 drive a motor vehicle on the highways of this Commonwealth. 17 (e) Use of report as evidence.--No report forwarded under 18 the provisions of this section shall be used as evidence in any 19 civil or criminal trial except in any proceeding under section 20 1519(c) (relating to determination of incompetency). 21 (f) Immunity from civil and criminal liability.--No civil or 22 criminal action may be brought against any person or agency for 23 providing the information required under this system. 24 § 1519. Determination of incompetency. 25 (a) General rule.--The department, having cause to believe 26 that a licensed driver or applicant may not be physically or 27 mentally qualified to be licensed, may obtain the advice of a 28 physician who shall cause an examination to be made or who shall 29 designate any other qualified physician. The licensed driver or 30 applicant may cause a written report to be forwarded to the 19750H1817B3002 - 105 -
1 department by a physician of the driver's or applicant's choice.
2 The department shall appoint one or more qualified persons who
3 shall consider all medical reports and testimony and determine
4 the competency of the driver or the applicant to drive.
5 (b) Confidentiality of reports and evidence.--Reports
6 received by the department for the purpose of assisting the
7 department in determining whether a person is qualified to be
8 licensed are for the confidential use of the department and may
9 not be divulged to any person or used as evidence in any trial
10 except that the reports may be admitted in proceedings under
11 subsection (c) and any physician conducting an examination
12 pursuant to subsection (a) may be compelled to testify
13 concerning observations and findings in such proceedings. The
14 party calling the physician as an expert witness shall be
15 obliged to pay the reasonable fee for such testimony.
16 (c) Recall of operating privilege.--The department shall
17 recall the operating privilege of any person whose incompetency
18 has been established under the provisions of this chapter. The
19 recall shall be for an indefinite period until satisfactory
20 evidence is presented to the department in accordance with
21 regulations to establish that such person is competent to drive
22 a motor vehicle. Any person aggrieved by recall of the operating
23 privilege may appeal to the court of common pleas in the manner
24 provided in section 1551 1552 (relating to judicial review). <--
25 SUBCHAPTER B
26 COMPREHENSIVE SYSTEM FOR DRIVER EDUCATION
27 AND CONTROL
28 Sec.
29 1531. Administration of system by department.
30 1532. Revocation of operating privilege.
19750H1817B3002 - 106 -
1 1533. Suspension of operating privilege for failure to respond 2 to citation. 3 1534. Suspension of operating privilege upon acceptance of 4 Accelerative Rehabilitative Disposition. 5 1535. Schedule of convictions and points. 6 1536. Notice of assignment of points. 7 1537. Removal of points. 8 1538. School, examination or hearing on 9 accumulation of points or excessive speeding. 10 1539. Suspension of operating privilege on accumulation of 11 points. 12 1540. Surrender of license. 13 1541. Period of revocation or suspension of operating 14 privilege. 15 1542. REVOCATION OF HABITUAL OFFENDER'S LICENSE. <-- 16 1542. 1543. Driving while operating privilege is suspended or <-- 17 revoked. 18 1543. 1544. Assignment of points for conviction in another <-- 19 state. 20 1544. 1545. Additional period of revocation or suspension. <-- 21 1545. 1546. Restoration of operating privilege. <-- 22 1546. 1547. Suspension or revocation of nonresident's <-- 23 operating. 24 privilege. 25 1547. 1548. Suspension or revocation for conviction in <-- 26 another state. 27 1548. 1549. Chemical test to determine amount of alcohol. <-- 28 1549. 1550. Post conviction examination for driving under <-- 29 influence. 30 1550. 1551. Establishment of schools. <-- 19750H1817B3002 - 107 -
1 1551. 1552. Judicial review. <--
2 1553. NOTICE OF SUSPENSION OF LICENSES OR PERMITS. <--
3 § 1531. Administration of system by department.
4 The department shall administer an integrated system for
5 revocation and suspension of operating privileges and for driver
6 education, testing and control and for this purpose shall
7 maintain a record as to every driver of convictions of offenses
8 set forth in this title and such other convictions and offenses
9 as are punishable by suspension or revocation under this title.
10 § 1532. Revocation of operating privilege.
11 (a) One year revocation.--The department shall revoke the
12 operating privilege of any person for one year upon receiving a
13 certified record of the driver's conviction of any of the
14 following offenses:
15 (1) Homicide by vehicle as required by section 3733
16 (relating to homicide by vehicle).
17 (2) Any felony under this title or any felony in the
18 commission of which a court determines that a motor vehicle
19 was essentially involved.
20 (3) Failure to stop, render aid or identify himself as
21 required by section 3742 (relating to accidents involving
22 death or personal injury) in the event of a motor vehicle
23 accident resulting in the death or personal injury of
24 another.
25 (4) DRIVING UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED <--
26 SUBSTANCE IF THE CHEMICAL ANALYSIS OF THE PERSON'S BREATH OR
27 BLOOD SHOWS THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD
28 OF THE PERSON TESTED IS 0.15% OR MORE.
29 (b) Six month revocation.--The department shall revoke the
30 operating privilege of any person for six months upon receiving
19750H1817B3002 - 108 -
1 a certified record of the driver's conviction of any misdemeanor 2 under this title except as otherwise provided in subsection (a) 3 or of a summary offense under section 3367 (relating to racing 4 on highways), 3731 (relating to reckless driving), 3734 5 (relating to fleeing or attempting to elude police officer) or 6 3735 (relating to driving without lights to avoid identification 7 or arrest). This subsection does not effect an additional period 8 of revocation of the operating privileges of a driver who 9 receives an additional period of revocation for a second or 10 subsequent violation of section 1542 1543 (relating to driving <-- 11 while operating privilege is suspended or revoked). 12 § 1533. Suspension of operating privilege for failure to 13 respond to citation. 14 The department shall suspend the operating privilege of any 15 person who has failed to respond to a citation to appear before 16 a court of competent jurisdiction of this Commonwealth or of any 17 state for violation of this title, other than overtime parking, <-- 18 upon being duly notified as provided by law. The suspension 19 shall be for an indefinite period until such person shall 20 respond and pay any fines and penalties imposed. Such suspension 21 shall be in addition to the requirement of withholding renewal 22 or reinstatement of a violator's driver's license as prescribed 23 in section 1503(c) (relating to persons ineligible for 24 licensing). 25 § 1534. Suspension of operating privilege upon acceptance of 26 Accelerative Rehabilitative Disposition. 27 The department shall suspend the operating privilege of any 28 person: 29 (1) for one year if the person was arrested for any 30 offense enumerated in section 1532(a) (relating to revocation 19750H1817B3002 - 109 -
1 of operating privilege) and was offered and accepted 2 Accelerative Rehabilitative Disposition under the 3 Pennsylvania Rules of Criminal Procedure; or 4 (2) for six months if the person was arrested for any 5 misdemeanor under this title and was offered and accepted 6 Accelerative Rehabilitative Disposition under the 7 Pennsylvania Rules of Criminal Procedure. 8 § 1535. Schedule of convictions and points. 9 (a) General rule.--A point system for driver education and 10 control is hereby established which is related to other 11 provisions for use, suspension and revocation of the operating 12 privilege as specified under this title. Every driver licensed 13 in this Commonwealth who is convicted of any of the following 14 offenses shall be assessed points as of the date of violation in 15 accordance with the following schedule: 16 Section Number Offense Points 17 1512 Violation of restriction on 18 driver's license. 2 19 1571 Violations concerning licenses. 3 20 3102 Failure to obey policeman or 21 authorized person. 2 22 3112(a)(3)(i) Failure to stop for a red light. 3 23 3114(a)(1) Failure to stop for a flashing 24 red light. 3 25 3302 Failure to yield half of roadway 26 to oncoming vehicle. 3 27 3303 Improper passing. 3 28 3304 Other improper passing. 3 29 3305 Other improper passing. 3 30 3306(a)(1) Other improper passing. 4 19750H1817B3002 - 110 -
1 3306(a)(2) Other improper passing. 3 2 3306(a)(3) Other improper passing. 3 3 3307 Other improper passing. 3 4 3310 Following too closely. 3 5 3321 Failure to yield to driver on the 6 right at intersection. 3 7 3322 Failure to yield to oncoming driver 8 when making left turn. 3 9 3323(b) Failure to stop for stop signs. 3 10 3324 Failure to yield when entering or 11 crossing roadway between intersections. 3 12 3332 Improper turning around. 3 13 3341 Failure to stop for flashing red 14 lights or gate at railroad crossing. 3 15 3344 Failure to stop when entering from 16 alley, driveway or building. 3 17 3345(a) Failure to stop for school bus 18 with flashing red lights. 5 19 (and 30 days suspension) 20 3361 Driving too fast for conditions. 4 21 3362 Exceeding maximum speed.--Over Limit: 22 6-10 2 23 11-15 3 24 16-25 4 25 26-30 5 26 31-over 5 27 (and departmental hearing) 28 3365(b) Exceeding special speed limit 29 in school zones. 3 30 3365(c) Exceeding special speed limit 19750H1817B3002 - 111 -
1 for trucks on downgrades. 3 2 3542(a) Failure to yield to pedestrians in 3 crosswalk. 2 4 3547 Failure to yield to pedestrian on 5 sidewalk. 3 6 3549(a) Failure to yield to blind pedestrian. 3 7 3702 Improper backing. 3 8 3711 Careless driving. 3 <-- 9 3745 Leaving scene of accident involving 10 property damage only. 4 11 (b) Multiple offenses from same act.--If a driver is 12 convicted of two or more offenses as a result of the same act, 13 points shall be assessed only for the offense for which the 14 greatest number of points may be assessed. 15 § 1536. Notice of assignment of points. 16 Whenever points are assigned to a driver's record, the 17 department shall send to that person at his last known address a 18 letter of notice pointing out the fact and emphasizing the 19 nature and effects of the point system. Failure to receive such 20 letter shall not prevent the suspension of the operating 21 privilege pursuant to this subchapter. 22 § 1537. Removal of points. 23 (a) General rule.--Points recorded against any person shall 24 be removed at the rate of three points for each 12 consecutive 25 months in which such person has not committed any violation 26 which results in the assignment of points or in suspension or 27 revocation under this chapter. Removal of points is governed by 28 the date of violation. 29 (b) Subsequent accumulation of points.--When a driver's 30 record is reduced to zero points and is maintained at zero 19750H1817B3002 - 112 -
1 points for 12 consecutive months, any accumulation of points 2 thereafter shall be regarded as an initial accumulation of 3 points. 4 § 1538. School, examination or hearing 5 on accumulation of points or excessive speeding. 6 (a) Initial accumulation of six points.--When any person's 7 record for the first time shows as many as six points, the 8 department shall require the person to attend an approved driver 9 improvement school or undergo a special examination and shall so 10 notify the person in writing. Upon satisfactory attendance and 11 completion of the course or upon passing the special 12 examination, two points shall be removed from the person's 13 record. Failure to attend and satisfactorily complete the 14 requirements of driver improvement school shall result in the 15 suspension of such person's operating privilege for 60 days. 16 Failure to pass the examination shall result in the suspension 17 of the operating privilege until the examination has been 18 satisfactorily completed. 19 (b) Second accumulation of six points.--When any person's 20 record has been reduced below six points and for the second time 21 shows as many as six points or when any person is convicted of 22 driving 31 miles per hour or more in excess of the speed limit, 23 the department shall require the person to attend a departmental 24 hearing. The hearing examiner may recommend that the person: 25 (1) be required to attend a driver improvement school; 26 (2) undergo an examination as provided for in section 27 1508 (relating to examination of applicant for driver's 28 license); or 29 (3) have his driver's license suspended for a period not 30 exceeding 15 days. 19750H1817B3002 - 113 -
1 The department may effect or modify the recommendation but may 2 not increase any suspension beyond 15 days. Upon compliance with 3 the order of the department, two points shall be removed from 4 the person's record. Failure to attend the hearing or to attend 5 and satisfactorily complete the requirements of a driver 6 improvement school shall result in the suspension of such 7 person's operating privilege for 60 days. Failure to pass an 8 examination shall result in the suspension of such person's 9 operating privilege until the examination has been 10 satisfactorily completed. 11 (c) Subsequent accumulations of six points.--When any 12 person's record has been reduced below six points and for the 13 third or subsequent time shows as many as six points, the 14 department shall require the driver to attend a departmental 15 hearing to determine whether the person's operating privilege 16 should be suspended for a period not to exceed 30 days. Failure 17 to attend the hearing or to comply with the requirements of the 18 findings of the department shall result in the suspension of the 19 operating privilege until the person has complied. 20 (d) Accumulation of eleven points.--When any person's record 21 shows an accumulation of 11 points prior to completing any 22 requirement of this section, the department shall suspend the 23 operating privilege of the person in accordance with section 24 1539 (relating to suspension of operating privilege on 25 accumulation of points). 26 § 1539. Suspension of operating privilege on accumulation of 27 points. 28 (a) General rule.--When any person's record shows an 29 accumulation of 11 points or more, the department shall suspend 30 the operating privilege of the person as provided in subsection 19750H1817B3002 - 114 -
1 (b). 2 (b) Duration of suspension.--The first suspension shall be 3 for a period of 5 days for each point, the second suspension 4 shall be for a period of 10 days for each point, the third 5 suspension shall be for a period of 15 days for each point and 6 any subsequent suspension shall be for a period of one year. 7 (c) Determination of subsequent suspensions.--Every 8 suspension and revocation under any provision of this subchapter 9 shall be counted in determining whether a suspension is a 10 second, third or subsequent suspension. 11 (d) Section not exclusive.--Suspension under this section is 12 in addition to any suspension mandated under section 1535 13 (relating to schedule of convictions and points). 14 § 1540. Surrender of license. 15 (a) Surrender to court.--Upon a conviction for any offense 16 which calls for mandatory revocation in accordance with section 17 1532 (relating to revocation of operating privilege) or upon 18 offer and acceptance of Accelerative Rehabilitative Disposition 19 under section 1534 (relating to suspension of operating 20 privilege upon acceptance of Accelerative Rehabilitative 21 Disposition), the court or the district attorney shall require 22 the surrender of any driver's license then held by the defendant 23 and shall forward the driver's license together with a record of 24 the conviction or Accelerative or Rehabilitative Disposition to 25 the department. 26 (b) Surrender to department.--Upon the suspension of the 27 operating privilege of any person by the department, the 28 department shall forthwith notify the person in writing to 29 surrender his driver's license to the department for the term of 30 suspension. 19750H1817B3002 - 115 -
1 § 1541. Period of revocation or suspension of operating 2 privilege. 3 (a) Commencement of period.--The period of revocation or 4 suspension of the operating privilege shall commence on the date 5 on which the driver's license was surrendered to and received by 6 the court or the department, as the case may be. The period of 7 revocation or suspension of a nonresident licensed driver or an 8 unlicensed driver shall commence on the date of conviction, or 9 in the case of a revocation or suspension without a conviction, 10 on a date determined by the department in accordance with its 11 regulations. The department may, upon request of the person 12 whose license is suspended, delay the commencement of the period 13 of suspension for a period not exceeding six months whenever the 14 department determines that failure to grant the extension will 15 result in hardship to the person whose license has been 16 suspended. 17 (b) Eligibility for restoration of operating privilege.--Any 18 person whose operating privilege has been revoked or suspended 19 shall not be eligible for the restoration of the operating 20 privilege until the expiration of the period of revocation or 21 suspension. 22 (c) Restoration of revoked operating privilege.--Any person 23 whose operating privilege has been revoked is not entitled to 24 automatic restoration of the operating privilege. Such person 25 may apply for a license if permitted under the provisions of 26 this chapter and shall be issued a learner's permit under 27 section 1505 (relating to learners' permits) upon expiration of 28 the revocation. 29 § 1542. REVOCATION OF HABITUAL OFFENDER'S LICENSE. <-- 30 (A) POWERS OF REVOCATION.--THE DEPARTMENT SHALL REVOKE THE 19750H1817B3002 - 116 -
1 OPERATING PRIVILEGE OF ANY PERSON FOUND TO BE A HABITUAL 2 OFFENDER PURSUANT TO THE PROVISIONS OF THIS SECTION. A "HABITUAL 3 OFFENDER" SHALL BE ANY PERSON WHOSE DRIVING RECORD, AS 4 MAINTAINED IN THE DEPARTMENT, SHOWS THAT SUCH PERSON HAS 5 ACCUMULATED THE REQUISITE NUMBER OF CONVICTIONS FOR THE SEPARATE 6 AND DISTINCT OFFENSES DESCRIBED AND ENUMERATED IN SUBSECTION (B) 7 COMMITTED AFTER THE EFFECTIVE DATE, OF THIS TITLE AND WITHIN ANY 8 PERIOD OF FIVE YEARS THEREAFTER. 9 (B) OFFENSES ENUMERATED.--THREE OR MORE CONVICTIONS ARISING 10 FROM SEPARATE ACTS OF ANY ONE OR MORE OF THE FOLLOWING OFFENSES 11 COMMITTED EITHER SINGULARLY OR IN COMBINATION BY ANY PERSON 12 SHALL RESULT IN SUCH PERSON BEING DESIGNATED AS A HABITUAL 13 OFFENDER: 14 (1) ANY OFFENSE DESIGNATED AS A SERIOUS TRAFFIC OFFENSE 15 IN SUBCHAPTER B OF CHAPTER 37 (RELATING TO SERIOUS TRAFFIC 16 OFFENSES). 17 (2) OPERATING ANY VEHICLE WHILE HIS OPERATOR'S LICENSE 18 OR LEARNER'S PERMIT IS SUSPENDED OR REVOKED OR WHILE HIS 19 PRIVILEGE TO APPLY FOR AN OPERATOR'S LICENSE OR LEARNER'S 20 PERMIT IS SUSPENDED AND BEFORE SUCH OPERATING PRIVILEGE OR 21 RIGHT TO APPLY FOR AN OPERATOR'S LICENSE OR LEARNER'S PERMIT 22 HAS BEEN REINSTATED. 23 (3) ANY CRIME PUNISHABLE AS A FELONY UNDER THIS TITLE OR 24 ANY OTHER FELONY IN THE COMMISSION OF WHICH ANY VEHICLE IS 25 EITHER USED OR OPERATED. 26 (4) FAILURE TO STOP AND RENDER ASSISTANCE OR DISCLOSE 27 HIS IDENTITY AS REQUIRED BY SUBCHAPTER C OF CHAPTER 37 IN THE 28 EVENT OF AN ACCIDENT RESULTING IN INJURY OR DEATH TO ANY 29 PERSON OR DAMAGE TO PROPERTY. 30 (5) MAKING USE OF OR OPERATING ANY VEHICLE OR TRACTOR 19750H1817B3002 - 117 -
1 WITHOUT THE KNOWLEDGE OR CONSENT OF THE OWNER OR CUSTODIAN
2 THEREOF.
3 (6) OPERATING ANY VEHICLE OR TRACTOR UPON THE HIGHWAYS
4 OF THIS COMMONWEALTH AFTER ITS REGISTRATION HAS BEEN
5 SUSPENDED BY THE DEPARTMENT.
6 (7) OPERATING ANY VEHICLE IN A SPEED CONTEST, INCLUDING
7 THOSE COMMONLY KNOWN AS DRAG RACES, IN VIOLATION OF SECTION
8 3367 (RELATING TO RACING ON HIGHWAYS).
9 (8) UTILIZING A VEHICLE IN THE UNLAWFUL TRANSPORTATION
10 OR UNLAWFUL SALE OF ANY NARCOTIC OR HABIT PRODUCING DRUG.
11 (C) PERIOD OF REVOCATION.--THE OPERATING PRIVILEGE OF ANY
12 PERSON FOUND TO BE A HABITUAL OFFENDER UNDER THE PROVISIONS OF
13 THIS SECTION SHALL BE REVOKED BY THE DEPARTMENT FOR A PERIOD OF
14 FIVE YEARS.
15 § 1542 1543. Driving while operating privilege is <--
16 suspended or revoked.
17 (a) Offense defined.--Any person who drives a motor vehicle
18 on any highway of this Commonwealth at a time when the operating
19 privilege is suspended, revoked or recalled is guilty of a
20 summary offense and shall, upon conviction, be sentenced to pay
21 a fine of $200.
22 (b) Extending existing suspension or revocation.--The
23 department, upon receiving a certified record of the conviction
24 of any person under this section upon a charge of driving a
25 vehicle while the operating privilege was suspended, shall
26 revoke such privilege for an additional period of six months
27 from the date the person would otherwise have been eligible to
28 be restored. If the conviction was upon a charge of driving
29 while the operating privilege was revoked, the department shall
30 extend the revocation for an additional period of one year from
19750H1817B3002 - 118 -
1 the date the person would otherwise have been entitled to apply 2 for such privilege. 3 § 1543 1544. Assignment of points for conviction in another <-- 4 state. 5 (a) General rule.--In the case of a conviction in another 6 state and if a reciprocity agreement exists with the state as 7 provided in Subchapter C of Chapter 61 (relating to 8 reciprocity), the department shall assign points when the 9 conviction, if committed in this Commonwealth, would result in 10 the assignment of points to the person's record. 11 (b) Hearing.--Upon receipt of notice of assignment of points 12 under this section, the person may request a hearing and the 13 department shall hold a hearing to determine if the assignment 14 of points would constitute an injustice. The request for hearing 15 shall operate as a supersedeas. 16 § 1544 1545. Additional period of revocation or suspension. <-- 17 (a) Additional point accumulation.--When any person's record 18 shows an accumulation of additional points during a period of 19 suspension or revocation, the department shall extend the 20 existing period of suspension or revocation at the rate of five 21 days for each additional point and the person shall be so 22 notified in writing. 23 (b) Additional suspension.--When any person's record shows 24 an additional suspension of the operating privilege assessed 25 during a period of suspension or revocation, the department 26 shall extend the existing period of suspension or revocation for 27 the appropriate period and the person shall be so notified in 28 writing. 29 (c) Revocation during suspension.--When any person's record 30 shows an additional conviction calling for revocation of the 19750H1817B3002 - 119 -
1 operating privilege during a period of suspension, the 2 department shall add the appropriate revocation onto the period 3 of suspension and the person shall be so notified in writing. 4 (d) Revocation during revocation.--When any person's record 5 shows a conviction calling for revocation of the operating 6 privilege during a period of revocation, the department shall 7 extend the existing period of revocation for the appropriate 8 period and the person shall be so notified in writing. 9 § 1545 1546. Restoration of operating privilege. <-- 10 Upon the restoration of any person's operating privilege 11 which has been suspended or revoked pursuant to this subchapter, 12 such person's record shall show five points, except that any 13 additional points assessed against the person since the date of 14 the last violation resulting in the suspension or revocation 15 shall be added to such five points unless the person has served 16 an additional period of suspension or revocation pursuant to 17 section 1544 1545(a) (relating to additional period of <-- 18 revocation or suspension). 19 § 1546 1547. Suspension or revocation of nonresident's <-- 20 operating privilege. 21 (a) General rule.--The privilege of driving a motor vehicle 22 on the highways of this Commonwealth given to a nonresident 23 shall be subject to suspension or revocation by the department 24 in like manner and for like cause as a resident's operating 25 privilege. 26 (b) Transmitting conviction record to state of residence.-- 27 The department shall, upon receiving a record of the conviction 28 in this Commonwealth of a nonresident driver of a motor vehicle 29 of any offense, forward a certified copy of the record to the 30 motor vehicle administrator in the state wherein the person so 19750H1817B3002 - 120 -
1 convicted is a resident if there is a reciprocity agreement with 2 the other state. 3 (c) Transmitting department action to state of residence.-- 4 When a nonresident's operating privilege is suspended or 5 revoked, the department shall forward a certified copy of the 6 record of such action to the motor vehicle administrator in the 7 state wherein such person resides if there is a reciprocity 8 agreement with the other state. 9 § 1547 1548. Suspension or revocation for conviction in <-- 10 another state. 11 (a) General rule.--The department shall suspend or revoke 12 the operating privilege of any resident of this Commonwealth or 13 the privilege of a nonresident to drive a motor vehicle in this 14 Commonwealth upon receiving notice of the conviction of the 15 person in another state of an offense which, if committed in 16 this Commonwealth, would be ground for a suspension or 17 revocation of the operating privilege if there is a reciprocity 18 agreement with the other state. 19 (b) Hearing.--Upon receipt of notice of suspension or 20 revocation under this section, the person may request a hearing 21 and the department shall hold a hearing to determine if the 22 suspension or revocation of his operating privilege would 23 constitute an injustice. The request for a hearing shall operate 24 as a supersedeas. 25 § 1548 1549. Chemical test to determine amount of alcohol. <-- 26 (a) General rule.--Any person who operates a motor vehicle 27 in this Commonwealth shall be deemed to have given consent to a 28 chemical test of breath or blood for the purpose of determining 29 the alcoholic content of blood if a police officer shall have 30 reasonable grounds to believe the person to have been driving a 19750H1817B3002 - 121 -
1 motor vehicle while under the influence of alcohol. The test 2 shall be administered by qualified personnel and with equipment 3 approved by the department. Qualified personnel means a 4 physician or a technician acting under the physician's direction 5 or a police officer who has fulfilled the training requirements 6 in the use of such equipment in a training program approved by 7 the department. 8 (b) Suspension for refusal.--If any person is requested to 9 submit to a chemical test and refuses to do so, the test shall 10 not be given but upon notice by the police officer, the 11 department shall MAY suspend the operating privilege of the <-- 12 person for a period of six months. It shall be the duty of the 13 police officer to inform the person that the person's operating 14 privilege will MAY be suspended if such person refuses to submit <-- 15 to a chemical test. Any person whose operating privilege is 16 suspended under the provisions of this section shall have the 17 same right of appeal as provided for in cases of suspension for 18 other reasons. 19 (c) Test results admissible in evidence.--In any summary 20 proceeding or criminal proceeding in which the defendant is 21 charged with driving a motor vehicle while under the influence 22 of alcohol, the amount of alcohol in the defendant's blood, as 23 shown by a chemical analysis of his breath or blood, which 24 analysis was conducted with equipment approved by the department 25 and operated by qualified personnel, shall be admissible in 26 evidence. 27 (d) Presumptions from amount of alcohol.--If chemical 28 analysis of a person's breath or blood shows: 29 (1) that the amount of alcohol by weight in the blood of 30 the person tested is 0.05% or less, it shall be presumed that 19750H1817B3002 - 122 -
1 the person tested was not under influence of alcohol and the 2 person shall not be charged with any violation under section 3 3732(a)(1) or (2) (relating to driving under influence of 4 alcohol or controlled substance), or if the person was so 5 charged prior to the test, the charge shall be void ab 6 initio; or 7 (2) that the amount of alcohol by weight in the blood of 8 the person tested is in excess of 0.05% but less than 0.10%, 9 this fact shall not give rise to any presumption that the 10 person tested was or was not under the influence of alcohol, 11 but this fact may be considered with other competent evidence 12 in determining whether the person was or was not under the 13 influence of alcohol. 14 (e) Other evidence admissible.--Subsections (a) through (d) 15 shall not be construed as limiting the introduction of any other 16 competent evidence bearing upon the question whether or not the 17 defendant was under the influence of alcohol. 18 (f) Test results available to defendant.--Upon the request 19 of the person tested, the results of any chemical test shall be 20 made available to him or his attorney. 21 (g) Blood test in lieu of breath test.--If for any reason a 22 person is physically unable to supply enough breath to complete 23 a chemical test, a physician or a technician acting under the 24 physician's direction may withdraw blood for the purpose of 25 determining its alcoholic content. The chemical analysis of the 26 blood taken under these circumstances shall be admissible in 27 evidence in the same manner as are the results of the breath 28 chemical test. The operating privilege of any person who refuses 29 to allow a blood test under the above circumstances shall be 30 suspended pursuant to subsection (b). 19750H1817B3002 - 123 -
1 (h) Test by personal physician.--The person tested shall be
2 permitted to have a physician of his own choosing administer an
3 additional breath or blood chemical test and the results of the
4 test shall also be admissible in evidence. The chemical test
5 given at the direction of the police officer shall not be
6 delayed by a person's attempt to obtain an additional test.
7 (i) Request by driver for test.--Any person involved in an
8 accident or placed under arrest for driving a motor vehicle
9 while under the influence of alcohol may request that he be
10 given a chemical test of his breath. Such requests shall be
11 honored when it is reasonably practicable to do so.
12 (J) IMMUNITY FROM CIVIL LIABILITY AND REPORTS.--NO <--
13 PHYSICIAN, REGISTERED NURSE, OR HOSPITAL EMPLOYING SUCH
14 PHYSICIAN OR REGISTERED NURSE, AND NO OTHER EMPLOYER OF SUCH
15 PHYSICIAN OR REGISTERED NURSE SHALL BE CIVILLY LIABLE FOR THE
16 WITHDRAWING OF BLOOD AND REPORTING OF TEST RESULTS TO THE POLICE
17 AT THE REQUEST OF A POLICE OFFICER PURSUANT TO THIS SECTION.
18 § 1549 1550. Post conviction examination for driving under <--
19 influence.
20 (a) Pre-sentencing examination.--Before sentencing any
21 person convicted FOR A SECOND OR SUBSEQUENT OFFENSE of violating <--
22 section 3732 (relating to driving under influence of alcohol or
23 controlled substance), COMMITTED WITHIN FIVE YEARS OF A PRIOR <--
24 OFFENSE OF SECTION 3732, the court shall conduct or order an
25 appropriate examination or examinations UNDER THE ACT OF OCTOBER <--
26 20, 1966 (3RD SP.SESS., P.L.96, NO.6), KNOWN AS THE "MENTAL
27 HEALTH AND MENTAL RETARDATION ACT OF 1966," to determine whether
28 the person needs or would benefit from treatment for alcohol or
29 drug abuse.
30 (b) Order for treatment.--After the examination, the court
19750H1817B3002 - 124 -
1 may, upon a hearing and determination that the person is an 2 habitual user ABUSER of alcohol or drugs, order supervised <-- 3 treatment on an outpatient basis, or upon additional 4 determinations that the person constitutes a danger to himself <-- 5 or others PERSON IS A SEVERELY DEBILITATED DRUG OR ALCOHOL <-- 6 ABUSER WHO REPRESENTS A DEMONSTRATED AND SERIOUS PUBLIC THREAT 7 and that adequate treatment facilities are available, the court 8 may order him committed for treatment at a facility or 9 institution approved by the Governor's Council on Drug and 10 Alcohol Abuse. No commitment or supervised treatment on an 11 outpatient basis shall exceed one year. 12 (c) Examination by own physician.--Any person subject to 13 this section may be examined by a physician of his own choosing 14 and the results of the examination shall be considered by the 15 court. 16 (d) Review of order.--Upon motion duly made by the convicted 17 person, an attorney, a relative or an attending physician, the 18 court at any time after an order of commitment shall review the 19 order. After determining the progress of treatment, the court 20 may order its continuation, the person's release or supervised 21 treatment on an outpatient basis. 22 § 1550 1551. Establishment of schools. <-- 23 (a) Driver improvement schools.--The department is 24 authorized to establish and maintain driver improvement schools 25 throughout this Commonwealth. The department shall approve and 26 conduct an annual review of the course material for the schools. 27 The curriculum to be presented must be uniform throughout this 28 Commonwealth. All instructors shall be properly certified by the 29 department. 30 (b) Course of instruction on alcohol and driving.--The 19750H1817B3002 - 125 -
1 department in conjunction with the Governor's Council on Drug
2 and Alcohol Abuse shall establish and maintain a course of
3 instruction on the problems of alcohol and driving. The
4 curriculum of the course of instruction established by the
5 department and the Governor's Council on Drug and Alcohol Abuse
6 shall be uniform throughout this Commonwealth and shall be
7 reviewed by the department on an annual basis. This course shall
8 be applicable to persons with no prior convictions for driving
9 or being in actual physical control of a motor vehicle while
10 under the influence of alcohol or any controlled substance.
11 § 1551 1552. Judicial review. <--
12 (a) General rule.--Any person denied a driver's license or
13 whose operating privilege has been recalled, canceled, suspended
14 or revoked by the department shall have the right to appeal by
15 filing a petition within 30 days from the date notice is mailed
16 for a hearing in the court of common pleas of the county in
17 which the driver resides or, in the case of cancellation,
18 suspension or revocation of a nonresident's operating privilege,
19 in the county in which the offense giving rise to the recall,
20 cancellation, suspension or revocation occurred.
21 (b) Supersedeas.--The filing of the petition shall operate
22 as a supersedeas and no RECALL, suspension, cancellation or <--
23 revocation shall be imposed against such person until final
24 determination of the matter.
25 (c) Jurisdiction and proceedings of court.--The court is
26 hereby vested with jurisdiction and it shall be its duty to set
27 the matter for hearing forthwith upon 30 days written notice to
28 the department and to determine whether the petitioner is in
29 fact the person whose operating privilege is subject to the
30 recall, suspension, cancellation or revocation.
19750H1817B3002 - 126 -
1 § 1553. NOTICE OF SUSPENSION OF LICENSES OR PERMITS. <-- 2 THE DEPARTMENT SHALL PROMPTLY NOTIFY EACH PERSON WHOSE 3 LICENSE OR PERMIT IS SUSPENDED AS A RESULT OF THE ACCUMULATION 4 OF POINTS. THE NOTIFICATION THAT THE LICENSE OR PERMIT IS 5 SUSPENDED SHALL BE MADE WITHIN SIX MONTHS FOLLOWING THE 6 CONVICTION OF A VIOLATION OF THIS TITLE THAT RESULTED IN THE 7 ADDITION OF SUFFICIENT POINTS TO CAUSE THE SUSPENSION. 8 SUBCHAPTER C 9 VIOLATIONS 10 Sec. 11 1571. Violations concerning licenses. 12 1572. Cancellation of driver's license. 13 1573. Driving under foreign license during suspension or 14 revocation. 15 1574. Permitting unauthorized person to drive. 16 1575. Permitting violation of title. 17 1576. Local authorities liable for negligence of their 18 employees. 19 § 1571. Violations concerning licenses. 20 (a) Offenses defined.--It is unlawful for any person: 21 (1) To exhibit or cause or permit to be exhibited or 22 have in possession any recalled, canceled, suspended, 23 revoked, fictitious or fraudulently altered driver's license. 24 (2) To lend a driver's license to any other person or 25 permit the use thereof by another. 26 (3) To exhibit or represent as one's own any driver's 27 license not issued to the person. 28 (4) To fail or refuse to surrender to the department 29 upon lawful demand a RECALLED, canceled, suspended, revoked, <-- 30 fictitious or fraudulently altered driver's license. 19750H1817B3002 - 127 -
1 (b) Penalty.--Any person violating any of the provisions of 2 this section is guilty of a summary offense and shall, upon 3 conviction, be sentenced to pay a fine of $100. 4 § 1572. Cancellation of driver's license. 5 The department may cancel any driver's license upon 6 determining that the licensee was not entitled to the issuance 7 or that the person failed to give the required or correct 8 information or committed fraud in making the application or in 9 obtaining the license or the fee has not been paid. Upon the 10 cancellation, the licensee shall immediately surrender the 11 canceled license to the department. 12 § 1573. Driving under foreign license during suspension or 13 revocation. 14 Any resident or nonresident whose operating privilege to 15 drive a motor vehicle in this Commonwealth has been recalled, 16 cancelled, suspended or revoked as provided in this title shall 17 not drive a motor vehicle in this Commonwealth under a license 18 or permit issued by any other jurisdiction or otherwise during 19 the suspension or after the recall, cancellation or revocation 20 until a new driver's license is obtained when and as permitted 21 under this chapter. 22 § 1574. Permitting unauthorized person to drive. 23 (a) General rule.--No person shall authorize or permit a 24 motor vehicle owned by him or under his control to be driven 25 upon any highway by any person who is not authorized under this 26 chapter or who is not licensed for the type or class of vehicle 27 to be driven. 28 (b) Penalty.--Any person violating the provisions of 29 subsection (a) is guilty of a summary offense and shall be 30 jointly and severally liable with the driver for any damages 19750H1817B3002 - 128 -
1 caused by the negligence of such driver in operating the 2 vehicle. 3 § 1575. Permitting violation of title. 4 (a) General rule.--No person shall authorize or permit a 5 motor vehicle owned by him or under his control to be driven in 6 violation of any of the provisions of this title. 7 (b) Penalty.--Any person violating the provisions of 8 subsection (a) is guilty of the same offense as the driver of 9 such vehicle and subject to the same penalties including any 10 suspension or revocation of the operating privilege or the 11 assessment of points. 12 § 1576. Local authorities liable for negligence of their 13 employees. 14 Every local authority within this Commonwealth shall be 15 jointly and severally liable with any employee for damages 16 caused by the negligence of the employee while operating a motor 17 vehicle or fire department equipment upon a highway in the 18 course of his employment. Every local authority shall also be 19 jointly and severally liable with any member of a volunteer fire 20 company for any damage caused by the negligence of the member 21 while operating a motor vehicle or fire department equipment 22 used by or belonging to the volunteer fire company while going 23 to, attending or returning from a fire or while engaged in any 24 other proper use of the motor vehicle or fire department 25 equipment for the volunteer fire company. 26 CHAPTER 17 27 FINANCIAL RESPONSIBILITY 28 Subchapter 29 A. General Provisions 30 B. Deposit of Security 19750H1817B3002 - 129 -
1 C. Proof of Future Responsibility 2 SUBCHAPTER A 3 GENERAL PROVISIONS 4 Sec. 5 1701. Application of chapter. 6 1702. Administration of chapter. 7 1703. Availability of other remedies. 8 1704. Transfer of suspended registration to evade chapter. 9 § 1701. Application of chapter. 10 This chapter does not apply with respect to any motor vehicle 11 owned by the United States, the Commonwealth or any political 12 subdivision. 13 § 1702. Administration of chapter. 14 The department shall administer and enforce the provisions of 15 this chapter and may make rules and regulations necessary for 16 the administration of this chapter. 17 § 1703. Availability of other remedies. 18 This chapter shall not be construed as preventing the 19 plaintiff in any action at law from relying for relief upon 20 other remedies provided by law. 21 § 1704. Transfer of suspended registration to evade chapter. 22 (a) General rule.--If the registrations of any vehicles are 23 suspended under this chapter, the registrations shall not be 24 transferred, nor the vehicles registered in any other name, 25 until the department is satisfied that the transfer of 26 registrations is proposed in good faith and not for the purpose 27 or with the effect of defeating the purposes of this chapter. 28 (b) Sale of repossessed vehicle.--This section does not 29 apply to or affect the registration of any motor vehicle sold by 30 a person who, pursuant to the terms or conditions of any written 19750H1817B3002 - 130 -
1 instrument giving a right of repossession, has exercised such 2 right and has repossessed the motor vehicle from a person whose 3 registration has been suspended under the provisions of this 4 chapter. 5 (c) Rights of lienholders and lessors.--This chapter does 6 not in any way affect the rights of any conditional vendor, 7 chattel mortgagee or lessor of a motor vehicle registered in the 8 name of another person who becomes subject to the provisions of 9 this chapter. 10 SUBCHAPTER B 11 DEPOSIT OF SECURITY 12 Sec. 13 1721. Deposit of security following accident. 14 1722. Suspension of license of resident involved in 15 accident in another state. 16 1723. Exceptions to security requirements. 17 1724. Duration of suspension. 18 1725. Coverage and revision of security. 19 1726. Custody, disposition and return of security. 20 1727. Matters not evidence in civil actions. 21 1728. Appeal to court from action of department. 22 § 1721. Deposit of security following accident. 23 (a) Determination of amount.--If, 20 days after the receipt 24 of a report of a motor vehicle accident within this Commonwealth 25 as provided for in Subchapter C of Chapter 37 (relating to 26 accidents and accident reports), the department does not have on 27 file satisfactory evidence that the person who would otherwise 28 be required to file security under subsection (b) has been 29 released from liability, has been finally adjudicated not to be 30 liable, has executed a warrant for confession of judgment or 19750H1817B3002 - 131 -
1 written agreement providing for payment of all claims for 2 injuries or damages resulting from the accident in such manner 3 as the parties have agreed, the department shall determine the 4 amount of security which in its judgment shall be sufficient to 5 satisfy any judgment or judgments that may be recovered against 6 each driver or owner for damages resulting from the accident 7 upon the basis of reports, information or other evidence 8 submitted to or obtained by the department. 9 (b) Suspensions for failure to deposit security.--The 10 department shall, within 60 days after the receipt of a report 11 of a motor vehicle accident, suspend the operating privilege of 12 each driver and all registrations of each owner of a motor 13 vehicle in any manner involved in such accident; and if such 14 owner is a nonresident, the privilege of using within this 15 Commonwealth any motor vehicle owned by him, unless the driver 16 or owner or both shall deposit security in the sum determined by 17 the department. Notice of the suspension shall be sent by the 18 department to the driver and owner not less than ten days prior 19 to the effective date of the suspension and shall state the 20 amount required as security. Where erroneous information is 21 given the department with respect to the matters set forth in 22 subsection (c), it shall take appropriate action, as provided in 23 this section, within 60 days after receipt of correct 24 information with respect to such matters. 25 (c) Exceptions.--This section does not apply under the 26 conditions stated in section 1723 (relating to exceptions to 27 security requirements) or to any of the following: 28 (1) The driver or owner, if the owner had in effect at 29 the time of such accident, the motor vehicle insurance 30 required in section 104 of the act of July 19, 1974 (P.L.489, 19750H1817B3002 - 132 -
1 No.176), known as the "Pennsylvania No-fault Motor Vehicle 2 Insurance Act," covering the motor vehicle involved in the 3 accident. 4 (2) The driver, if not the owner of the motor vehicle, 5 if at the time of the accident the driver's operation of the 6 motor vehicle was covered by the motor vehicle insurance 7 required in section 104 of the "Pennsylvania No-fault Motor 8 Vehicle Insurance Act." 9 (3) The driver or owner if the liability of the driver 10 or owner for damages resulting from such accident is, in the 11 judgment of the department, covered by any other form of 12 liability insurance policy or bond, in an amount sufficient 13 to satisfy any judgment or judgments as determined by the 14 department in accordance with subsection (a), or in the 15 amounts provided in section 104 (a) of the "Pennsylvania No- 16 fault Motor Vehicle Insurance Act," whichever is less. 17 (d) Cash or bond as security.--Security required under 18 subsection (b) shall be in the form of cash or a bond issued by 19 surety company authorized to do business in this Commonwealth 20 or, if not authorized to do business in this Commonwealth, if 21 the surety company shall execute a power of attorney authorizing 22 the department to accept service on its behalf of notice or 23 process in any action upon the arising out of the accident. 24 Security shall be in an amount sufficient to satisfy any 25 judgment or judgments as determined by the department in 26 accordance with subsection (a), or in the amounts provided in 27 section 104 (a) of the "Pennsylvania No-fault Motor Vehicle 28 Insurance Act," whichever is less. 29 § 1722. Suspension of license of resident involved in accident 30 in another state. 19750H1817B3002 - 133 -
1 Upon receipt of certification that the operating privilege of 2 a resident of this Commonwealth has been suspended in any other 3 state pursuant to a law providing for suspension for failure to 4 deposit security for the payment of judgments arising out of a 5 motor vehicle accident under circumstances which would require 6 the department to suspend a nonresident's operating privilege 7 had the accident occurred in this Commonwealth, and if the law 8 of the state contains reciprocal provisions, the department 9 shall suspend the operating privilege of the resident if he was 10 the driver and involved in the accident. The suspension shall 11 continue until the resident furnishes evidence of his compliance 12 with the law of the other state relating to the deposit of 13 security. 14 § 1723. Exceptions to security requirements. 15 The requirements as to security and suspension of section 16 1721 (relating to deposit of security following accident) do not 17 apply to any of the following: 18 (1) The driver and the owner of a motor vehicle involved 19 in an accident in which no injury or damage was caused to the 20 person or property of persons other than the driver or owner. 21 (2) The driver and the owner of a motor vehicle legally 22 parked at the time of the accident. 23 (3) The owner of a motor vehicle if at the time of the 24 accident the vehicle was being operated without his 25 permission, express or implied, or was parked by a person who 26 had been operating the motor vehicle without such permission. 27 (4) If prior to the date that the department would 28 otherwise suspend the operating privilege and registrations 29 under section 1721 evidence is filed with the department 30 indicating to its satisfaction that the person who would 19750H1817B3002 - 134 -
1 otherwise have to file security has been released from 2 liability, or has been finally adjudicated not to be liable, 3 or has executed a warrant for confession of judgment or a 4 written agreement acceptable to the injured parties, for 5 payment of all claims for injuries or damages resulting from 6 one accident in such manner as the parties have agreed. 7 (5) In the event a person involved in an accident as 8 described in this chapter fails to submit any information 9 requested by the department indicating the extent of his 10 injuries or the damage to his property, within 50 days after 11 the accident, and the department does not have sufficient 12 evidence on which to base an evaluation of the injuries or 13 damage, then the department, after reasonable notice to such 14 person if it is possible to give such notice, otherwise 15 without such notice, shall not require any deposit of 16 security for the benefit or protection of such person. 17 § 1724. Duration of suspension. 18 (a) General rule.--The operating privilege and registrations 19 suspended as provided in section 1721 (relating to deposit of 20 security following accident) shall remain suspended and shall 21 not be renewed nor any registration be issued to the person 22 affected until: 23 (1) such person deposits or has deposited on his behalf 24 the security required under section 1721; 25 (2) two years shall have elapsed following the date of 26 the accident and evidence satisfactory to the department has 27 been filed that no action for damages arising from the 28 accident has been instituted; or 29 (3) evidence satisfactory to the department has been 30 filed of a release from liability, a final adjudication of 19750H1817B3002 - 135 -
1 nonliability, or a warrant for confession of judgment or 2 written agreement providing for payment of all claims for 3 injuries or damages resulting from the accident in such 4 manner as the parties have agreed. 5 (b) Default in payment of installment.--Upon notice of any 6 default in the payment of any installment: 7 (1) under any confession of judgment, the department 8 shall suspend the driver's privilege and the owner's 9 registrations or of the person defaulting, which shall not be 10 restored unless and until the entire amount provided for in 11 the confession of judgment has been paid; or 12 (2) under any written agreement, the department shall 13 suspend the driver's privilege and the owner's registrations 14 or of the person defaulting, which shall not be restored 15 unless and until: 16 (i) such person deposits and thereafter maintains 17 security as required under section 1721 in such amount as 18 the department may then determine; or 19 (ii) two years have elapsed following the date of 20 the accident and no action upon the agreement has been 21 instituted in a court in this Commonwealth. 22 § 1725. Coverage and revision of security. 23 (a) Designation of persons covered.--A person depositing 24 security in accordance with section 1721 (relating to deposit of 25 security following accident) shall specify in writing the person 26 or persons on whose behalf the deposit is made, and at any time 27 while the deposit is in the custody of the department or State 28 Treasurer the person depositing it may, in writing, amend the 29 specification of the person or persons on whose behalf the 30 deposit is made to include an additional person or persons. A 19750H1817B3002 - 136 -
1 single deposit of security shall be applicable only on behalf of 2 persons required to furnish security because of the same 3 accident. 4 (b) Subsequent change of amount.--The department may change 5 the amount of security ordered upon the production of evidence 6 as to the probable measure of damages, if, in its judgment, the 7 amount ordered is excessive or insufficient. In case the 8 security originally ordered has been deposited, the excess 9 deposited over the reduced amount ordered shall be returned to 10 the depositor or his personal representative notwithstanding the 11 provisions of section 1726 (relating to custody, disposition and 12 return of security). In case the security originally deposited 13 is found to be insufficient, the deficiency under the increased 14 amount ordered shall be deposited or, in default thereof, the 15 driver or owner or both shall be subject to the provisions of 16 section 1721(b). 17 § 1726. Custody, disposition and return of security. 18 Security deposited in compliance with the requirements of 19 this chapter shall be placed by the department in the custody of 20 the State Treasurer and shall be applicable only to the payment 21 of a judgment or judgments rendered against the person or 22 persons on whose behalf the deposit was made for damages arising 23 out of the accident in question in an action at law. The 24 deposit, or any balance thereof, shall be returned to the 25 depositor or his personal representative when evidence, 26 satisfactory to the department, has been filed that there has 27 been a release from liability, or a final adjudication of 28 nonliability, the driver or owner, if the liability of the 29 driver or owner for damages resulting from such accident is, in 30 the judgment of the department, covered by any other form of 19750H1817B3002 - 137 -
1 liability insurance policy or bond in an amount sufficient to
2 satisfy any judgment or judgments as determined by the
3 department in accordance with subsection (a), or in the amounts
4 provided in section 104 of the "Pennsylvania No-fault Motor
5 Vehicle Insurance Act," whichever is less, or when after the
6 expiration of two years following the date of the accident and
7 evidence satisfactory to the department has been filed that no
8 action for damages arising from such accident has been
9 instituted.
10 § 1727. Matters not evidence in civil actions.
11 Neither the required report, the action taken by the
12 department pursuant to this chapter, the findings, if any, of
13 the department upon which action is based nor the security filed
14 as provided in section 1721 (relating to deposit of security
15 following accident) shall be referred to in any way nor be any
16 evidence of the negligence or due care of either party at the
17 trial of any action at law to recover damages.
18 § 1728. Appeal to court from action of department.
19 Any person aggrieved by an order or action of the department
20 under this subchapter shall have the same right of appeal as
21 provided in section 1551 1552 (relating to judicial review). <--
22 SUBCHAPTER C
23 PROOF OF FUTURE RESPONSIBILITY
24 Sec.
25 1741. Court reports on nonpayment of judgments.
26 1742. Suspension for nonpayment of judgments.
27 1743. Continuation of suspension until judgments paid and
28 proof given.
29 1744. Payments sufficient to satisfy judgments.
30 1745. Installment payment of judgments.
19750H1817B3002 - 138 -
1 1746. Proof of financial responsibility after suspension or 2 revocation. 3 1747. Providing financial responsibility. 4 § 1741. Court reports on nonpayment of judgments. 5 (a) General rule.--Whenever any person fails within 60 days 6 to satisfy any judgment arising from a motor vehicle accident, 7 the prothonotary of the court in which the judgment is rendered 8 shall immediately forward to the department a certified copy of 9 the judgment. 10 (b) Notice to state of nonresident defendant.--If the 11 defendant named in any certified copy of a judgment reported to 12 the department is a nonresident, the department shall transmit a 13 certified copy of the judgment to the official in charge of the 14 issuance of licenses and registration certificates of the state 15 of which the defendant is a resident. 16 § 1742. Suspension for nonpayment of judgments. 17 (a) General rule.--The department, upon receipt of a 18 certified copy of a judgment, shall suspend the operating 19 privilege of each driver and registration of each owner against 20 whom the judgment was rendered except as otherwise provided in 21 this section and in section 1745 (relating to installment 22 payment of judgments). 23 (b) Nonsuspension with consent of judgment creditor.--If the 24 judgment creditor consents in writing, in such form as the 25 department may prescribe, that the judgment debtor's operating 26 privilege and registrations be retained or restored, the 27 department shall not suspend or SHALL restore for six months <-- 28 months from the date of the consent, and thereafter until the 29 consent is revoked in writing, notwithstanding default in the 30 payment of the judgment, or of any installment thereof 19750H1817B3002 - 139 -
1 prescribed in section 1745, provided the judgment debtor
2 furnishes proof of financial responsibility.
3 (c) Insurance in effect at time of accident.--Any person
4 whose operating privilege or registrations have been suspended,
5 or are about to be suspended or become subject to suspension,
6 under the provisions of this chapter, shall be relieved from the
7 effect of the judgment as prescribed in this chapter if the
8 person files evidence satisfactory to the department that the
9 insurance required by section 401 104 (a) of the "Pennsylvania <--
10 No-fault Motor Vehicle Insurance Act," was in force and effect
11 at the time of the accident resulting in the judgment and is or
12 should be available for the satisfaction of the judgment. If the
13 required insurance is not available because the insurance
14 company has gone into receivership or bankruptcy, the person
15 shall only be required to present to or file with the department
16 proper evidence that an insurance policy was in force and effect
17 at the time of the accident.
18 § 1743. Continuation of suspension until judgments paid and
19 proof given.
20 A person's operating privilege and all registrations shall
21 remain suspended and shall not be renewed nor shall any
22 registration be thereafter issued in the name of such person
23 unless and until every such judgment is stayed, satisfied in
24 full or to the extent provided in this subchapter, and until the
25 person furnishes proof of financial responsibility as required.
26 § 1744. Payments sufficient to satisfy judgments.
27 (a) General rule.--Judgments shall for the purpose of this
28 chapter only be deemed satisfied upon occurrence of one of the
29 following:
30 (1) When $15,000 has been credited upon any judgment or
19750H1817B3002 - 140 -
1 judgments rendered in excess of that amount because of bodily
2 injury to or death of one person as the result of any one
3 accident.
4 (2) When $20,000 $30,000 has been credited upon any <--
5 judgment or judgments rendered in excess of that amount
6 because of bodily injury to or death of two or more persons
7 as the result of any one accident.
8 (3) When $5,000 has been credited upon any judgment or
9 judgments rendered in excess of that amount because of injury
10 to or destruction of property of others as the result of any
11 one accident.
12 (b) Credit for payment under settlement.--Payments made in
13 settlement of any claims because of bodily injury, death or
14 property damage arising from a motor vehicle accident shall be
15 credited in reduction of the amounts provided for in this
16 section.
17 (c) Escrow deposit by judgment creditor.--When the judgment
18 creditor cannot be found, the judgment debtor may deposit in
19 escrow with the prothonotary of the court where the judgment was
20 entered an amount equal to the amount of the judgment, subject
21 to the limits set forth in subsection (a), interest to date and
22 record costs, whereupon the prothonotary shall notify the
23 department and the judgment shall be deemed satisfied. The
24 amount deposited shall be retained by the prothonotary for a
25 period of five years from the date of the deposit, after which,
26 if it has not been claimed by the judgment creditor, it shall be
27 returned to the judgment debtor. When the deposit is made, the
28 prothonotary shall notify the judgment creditor and his counsel,
29 if any, by certified or registered mail at his last known
30 address. No interest shall run on any judgment with respect to
19750H1817B3002 - 141 -
1 the amount deposited with the prothonotary under the terms of 2 this subsection. 3 § 1745. Installment payment of judgments. 4 (a) Order authorizing installment payment.--A judgment 5 debtor, upon due notice to the judgment creditor, may apply to 6 the court in which the judgment was rendered for the privilege 7 of paying the judgment in installments and the court, in its 8 discretion and without prejudice to any other legal remedies 9 which the judgment creditor may have, may so order and fix the 10 amounts and times of payment of the installments. 11 (b) Suspension prohibited during compliance with order.--The 12 department shall not suspend a driver's operating privilege or 13 registrations and shall restore any operating privilege or 14 registration suspended following nonpayment of a judgment when 15 the judgment debtor obtains an order permitting payment of the 16 judgment in installments and while the payment of any 17 installment is not in default, provided that the judgment debtor 18 furnishes proof of financial responsibility. 19 (c) Suspension for default in payment.--In the event the 20 judgment debtor fails to pay any installment as specified by the 21 order, then, upon notice of the default, the department shall 22 suspend the operating privilege and all registrations of the 23 judgment debtor until the judgment is satisfied as provided in 24 this chapter. 25 § 1746. Proof of financial responsibility after suspension or 26 revocation. 27 Whenever the department suspends or revokes the operating 28 privilege of any person upon receiving record of a conviction or 29 forfeiture of bail, the department shall not restore the 30 operating privilege until the person furnishes proof of 19750H1817B3002 - 142 -
1 financial responsibility. 2 § 1747. Providing financial responsibility. 3 (a) General rule.--Proof of financial responsibility may be 4 furnished by filing evidence satisfactory to the department that 5 all motor vehicles registered in a person's name are covered by 6 the insurance required in section 104 of the act of July 18, 7 1974 (P.L.489, No.176), known as the "Pennsylvania No-fault 8 Motor Vehicle Insurance Act"; or, if the person has no motor 9 vehicle, that the person is covered by a non-owner's policy 10 having the same limits of liability as are required in section 11 104 of that act. 12 (b) Nonresident.--The nonresident owner of a motor vehicle 13 not registered in this Commonwealth may give proof of financial 14 responsibility by filing with the department a written 15 certificate or certificates of an insurance carrier authorized 16 to transact business in the state in which the motor vehicle or 17 motor vehicles described in the certificate is registered or, if 18 the nonresident does not own a motor vehicle, then in the state 19 in which the insured resides, provided the certificate otherwise 20 conforms to the provisions of this chapter, and the department 21 shall accept the certificate upon condition that the insurance 22 carrier complies with the following provisions with respect to 23 the policies so certified: 24 (1) The insurance carrier shall execute a power of 25 attorney authorizing the department to accept service on its 26 behalf or process in any action arising out of a motor 27 vehicle accident in this Commonwealth. 28 (2) The insurance carrier shall agree in writing that 29 the policies shall be deemed to conform with the laws of this 30 Commonwealth relating to the terms of motor vehicle liability 19750H1817B3002 - 143 -
1 policies issued in this Commonwealth. 2 (c) Default by foreign insurance carrier.--If any insurance 3 carrier not authorized to transact business in this 4 Commonwealth, which has qualified to furnish proof of financial 5 responsibility, defaults in any undertakings or agreements, the 6 department shall not thereafter accept as proof any certificate 7 of the carrier whether theretofore filed or thereafter tendered 8 as proof as long as the default continues. 9 CHAPTER 19 10 FEES 11 Subchapter 12 A. General Provisions 13 B. Registration Fees 14 C. Permits 15 D. Miscellaneous Fees 16 SUBCHAPTER A 17 GENERAL PROVISIONS 18 Sec. 19 1901. Exemption of entities and vehicles from fees. 20 1902. Exemptions from other fees. 21 1903. Limitation on local license fees and taxes. 22 1904. Collection and disposition of fees and moneys. 23 § 1901. Exemption of entities and vehicles from fees. 24 (a) Governmental and quasi-governmental entities.--Except as 25 otherwise specifically provided in this title, no fees shall be 26 charged under this title to any of the following: 27 (1) The Commonwealth. 28 (2) Political subdivisions. 29 (3) State and local authorities. 30 (4) The Federal Government. 19750H1817B3002 - 144 -
1 (5) Other states. 2 (b) Title and registration fees.--Except as otherwise <-- 3 provided, no fee shall be charged for titling or registration of 4 any of the following: 5 (1) Buses owned by urban mass transportation systems. 6 (2) Vehicles owned by volunteer fire, rescue and 7 ambulance associations. 8 (3) Vehicles owned by foreign nationals with the rank of 9 vice consul or higher assigned to a consulate in this 10 Commonwealth provided that citizens of the United States are 11 granted reciprocal exemptions. 12 (4) Veterans who lost a limb or eye or who became 13 partially paralyzed while serving in the armed forces of the 14 United States during any period of war or armed conflict. 15 Only one vehicle, weighing not more than 9,000 pounds, shall 16 be registered for any veteran. This paragraph applies only to 17 exemptions from registration fees. 18 (B) TITLE AND REGISTRATION FEES.-- <-- 19 (1) NO FEE SHALL BE CHARGED FOR TITLING OR REGISTRATION 20 OF ANY OF THE FOLLOWING: 21 (I) BUSES OWNED BY URBAN MASS TRANSPORTATION SYSTEMS 22 EXCEPT SCHOOL BUSES AND OTHER BUSES REQUIRED TO BE 23 EQUIPPED WITH FLASHING RED AND AMBER LIGHTS. 24 (II) VEHICLES OWNED BY VOLUNTEER FIRE, RESCUE AND 25 AMBULANCE ASSOCIATIONS. 26 (III) VEHICLES OWNED BY FOREIGN NATIONALS WITH THE 27 RANK OF VICE CONSUL OR HIGHER ASSIGNED TO A CONSULATE IN 28 THIS COMMONWEALTH PROVIDED THAT CITIZENS OF THE UNITED 29 STATES ARE GRANTED RECIPROCAL EXEMPTIONS. 30 (2) NO FEE SHALL BE CHARGED FOR REGISTRATION OF VEHICLES 19750H1817B3002 - 145 -
1 OWNED BY VETERANS WHO LOST A LIMB OR EYE OR WHO BECAME 2 PARTIALLY PARALYZED WHILE SERVING IN THE ARMED FORCES OF THE 3 UNITED STATES. ONLY ONE PASSENGER VEHICLE, OR ONE OTHER 4 VEHICLE WITH A GROSS WEIGHT OR REGISTERED GROSS WEIGHT OF NOT 5 MORE THAN 9,000 POUNDS, SHALL BE REGISTERED FOR ANY VETERAN. 6 (c) Processing fee in lieu of registration fee.--No 7 registration fee shall be charged for vehicles owned by any of 8 the following but the department shall charge a fee of $10 to 9 cover the costs of processing for issuing or renewing the 10 registration: 11 (1) Hospital. 12 (2) Humane society. 13 (3) Nonprofit youth center. 14 (4) American Red Cross. 15 (5) Church. 16 (6) Girl Scouts of America. 17 (7) Boy Scouts of America. 18 (8) Salvation Army. 19 (9) Duly chartered posts of national veterans' 20 organizations. 21 (10) Young Men's Christian Association. 22 (11) Young Men's Hebrew Association. 23 (12) Young Women's Christian Association. 24 (13) Young Women's Hebrew Association. 25 (14) Jewish Community Center. 26 (15) Nonprofit corporations of musical marching groups 27 of youths. 28 (16) Any person who is retired and receiving social 29 security or other pension and whose total income does not 30 exceed $7,500 per year. Unless the retired person is 19750H1817B3002 - 146 -
1 physically or mentally incapable of driving the vehicle, the 2 retired person shall be the principal driver of the vehicle 3 but may from time to time authorize another person to drive 4 the vehicle in his or her stead. Only one passenger vehicle 5 or one other vehicle with a gross weight or registered gross 6 weight of not more than 9,000 pounds, may be registered to 7 any person under this paragraph. 8 (d) Limitation on use.--Vehicles titled and registered under 9 the provisions of this section shall be operated and used 10 exclusively for the purpose for which the vehicles were entitled 11 to the exemptions from fees. 12 (e) Penalty.--Any person violating the provisions of this 13 section is guilty of a summary offense. 14 § 1902. Exemptions from other fees. 15 No fee shall be charged under this title for or to any of the 16 following: 17 (1) A certificate of title returned to the department 18 for cancellation. 19 (2) The replacement of a registration card or plate, 20 driver's license, learner's permit or certificate of title 21 lost in the mail if the applicant files an affidavit of non- 22 receipt within 45 days of the date of original issuance. 23 (3) A certificate of junk. 24 (4) A certificate of rejection. 25 (5) A special hauling permit issued to any person 26 hauling equipment or materials for use on a Federal or State 27 emergency relief project. 28 (6) A manufacturer, jobber or dealer for a certificate 29 of title to a motor vehicle, trailer or semi-trailer when 30 assignment of certificate of title accompanies the 19750H1817B3002 - 147 -
1 application for certificate of title, and when the dealer, 2 manufacturer or jobber is possessed of current manufacturer's 3 dealer's or jobber's registration plates. 4 § 1903. Limitation on local license fees and taxes. 5 No municipality shall require or collect any registration or 6 license fee or tax for any vehicle or driver's license from any 7 person. 8 § 1904. Collection and disposition of fees and moneys. 9 The department shall collect all fees payable under this 10 title and all other moneys received in connection with the 11 administration of this title and transmit them to the State 12 Treasurer for deposit in the Motor License Fund. Moneys paid in 13 error may be refunded by the department. 14 SUBCHAPTER B 15 REGISTRATION FEES 16 Sec. 17 1911. Annual registration fees. 18 1912. Passenger cars. 19 1913. Motor homes. 20 1914. Motorcycles. 21 1915. Motor-driven cycles. 22 1916. Trucks and truck-tractors. 23 1917. Motor buses. 24 1918. School buses. 25 1919. Electric vehicles. 26 1920. Trailers and semi-trailers. 27 1921. Special mobile equipment. 28 1922. Antique vehicles. 29 1923. Classic vehicles. 30 1924. Farm trucks. 19750H1817B3002 - 148 -
1 1925. Ambulances, taxis and hearses. 2 1926. Dealers and miscellaneous motor vehicle business. 3 1927. Transfer of registration. 4 1928. Processing temporary registration. 5 1929. Replacement registration plates. 6 1930. Special registration plates. 7 1931. Duplicate registration cards. 8 § 1911. Annual registration fees. 9 (a) General rule.--An annual fee for the registration of 10 vehicles as provided in Chapter 13 (relating to the registration 11 of vehicles) shall be charged by the department as provided in 12 this title. 13 (b) Department to establish certain fees.--If a vehicle to 14 be registered is of a type not specifically provided for by this 15 title and is otherwise eligible for registration, the department 16 shall determine the most appropriate fee or fee schedule for the 17 vehicle or type of vehicle based on such factors as design and 18 intended use. 19 § 1912. Passenger cars. 20 The annual fee for registration of a passenger car shall be 21 $24. 22 § 1913. Motor homes. 23 The annual fee for registration of a motor home shall be 24 determined by its registered gross weight in pounds according to 25 the following table: 26 Class Registered Gross Fee 27 Weight in Pounds 28 1 8,000 or less $30 29 2 8,001 - 11,000 42 30 3 11,001 or more 54 19750H1817B3002 - 149 -
1 § 1914. Motorcycles. 2 The annual fee for registration of a motorcycle other than a 3 motor-driven cycle shall be $12. 4 § 1915. Motor-driven cycles. 5 The annual fee for registration of a motor-driven cycle shall 6 be $6. 7 § 1916. Trucks and truck-tractors. 8 The annual fee for registration of a truck or truck-tractor 9 shall be determined by its registered gross weight or 10 combination weight in pounds according to the following table: 11 Class Registered Fee 12 Gross or Combination 13 Weight in Pounds 14 1 5,000 or less $ 39 15 2 5,001 - 7,000 50 16 3 7,001 - 9,000 84 17 4 9,001 - 11,000 108 18 5 11,001 - 14,000 132 19 6 14,001 - 17,000 156 20 7 17,001 - 21,000 192 21 8 21,001 - 26,000 216 22 9 26,001 - 30,000 252 23 10 30,001 - 33,000 300 24 11 33,001 - 36,000 324 25 12 36,001 - 40,000 342 26 13 40,001 - 44,000 360 27 14 44,001 - 48,000 384 28 15 48,001 - 52,000 420 29 16 52,001 - 56,000 444 30 17 56,001 - 60,000 500 19750H1817B3002 - 150 -
1 18 60,001 - 64,000 552 2 19 64,001 - 68,000 576 3 20 68,001 - 73,280 606 4 § 1917. Motor buses. 5 The annual fee for registration of a motor bus shall be 6 determined by its seating capacity according to the following 7 table: 8 Seating Capacity Fee 9 26 or less $ 6 per seat 10 27 - 51 $156 plus $7 per 11 seat in excess of 26 12 52 or more $360 13 § 1918. School buses. 14 The annual fee for registration of a school bus shall be $24. 15 § 1919. Electric vehicles. 16 The annual fee for registration of a vehicle which is 17 propelled by electric power shall be $12. 18 § 1920. Trailers and semi-trailers. 19 The annual fee for registration of a trailer or semi-trailer 20 shall be determined by its registered gross weight according to 21 the following table: 22 Registered Gross Fee 23 Weight in Pounds 24 3,000 or less $ 6 25 3,001 - 10,000 12 26 10,001 or more 25 27 § 1921. Special mobile equipment. 28 The annual fee for registration of special mobile equipment 29 shall be $24. 30 § 1922. Antique vehicles. 19750H1817B3002 - 151 -
1 The fee for registration of an antique motor vehicle shall be 2 $50. 3 § 1923. Classic vehicles. 4 The fee for registration of a classic motor vehicle shall be 5 $50. 6 § 1924. Farm trucks. 7 The annual fee for registration of a farm truck shall be $25. 8 § 1925. Ambulances, taxis and hearses. 9 The annual fee for registration of an ambulance, taxi or 10 hearse shall be $36. 11 § 1926. Dealers and miscellaneous motor vehicle business. 12 (a) General rule.--The annual fee for a dealer registration 13 plate or miscellaneous motor vehicle business plate shall be 14 $24. 15 (b) Motorcycle dealers.--The annual fee for each dealer 16 registration plate issued to a motorcycle dealer other than a 17 motor-driven cycle dealer shall be $12. 18 (c) Motor-driven cycle dealers.--The annual fee for each 19 dealer registration plate issued to a motor-driven cycle dealer 20 shall be $6. 21 § 1927. Transfer of registration. 22 The fee for transfer of registration shall be $4. 23 § 1928. Processing temporary registration. 24 The fee payable by a dealer or other dispensing agent for a 25 temporary registration plate shall be $1. The charge of the 26 agent for providing an applicant with a temporary registration 27 shall not exceed $5. 28 § 1929. Replacement registration plates. 29 The fee for a replacement registration plate shall be $5. 30 § 1930. Special registration plates. 19750H1817B3002 - 152 -
1 The fee for a special registration plate shall be $20 which 2 shall be in addition to the registration fee. Only one payment 3 of this fee shall be charged for each special registration 4 plate. 5 § 1931. Duplicate registration cards. 6 The fee for each duplicate registration card when ordered at 7 the time of vehicle registration or transfer or renewal of 8 registration shall be $1. The fee for each duplicate 9 registration card issued at any other time shall be $3. 10 SUBCHAPTER C 11 PERMITS 12 Sec. 13 1941. Scope of subchapter. 14 1942. Special hauling permits as to weight and size. 15 1943. Annual hauling permits. 16 1944. Mobile homes and similar trailers. 17 1945. Movements requiring special escort. 18 § 1941. Scope of subchapter. 19 This subchapter prescribes fees payable to the department for 20 permits covering movements on State highways and does not limit 21 the right of local authorities to prescribe fees for permits for 22 movements on streets and highways under their jurisdiction. 23 § 1942. Special hauling permits as to weight and size. 24 (a) Overweight.--The fee for a special hauling permit for 25 each movement of an overweight vehicle or load shall be $15 plus 26 3¢ for each ton-mile computed by multiplying the number of tons 27 by which the actual gross weight exceeds the registered gross 28 weight times the length of the haul in miles. The portion of the 29 fee of an unused overweight permit based on ton-miles may be 30 refunded upon payment of a processing fee of $10. 19750H1817B3002 - 153 -
1 (b) Oversize.--The fee for a special hauling permit for each 2 movement of an oversize vehicle or load shall be $15. 3 (c) Combination of oversize and overweight.--When a vehicle 4 or load is both oversize and overweight, only the higher fee 5 shall be paid. 6 § 1943. Annual hauling permits. 7 (a) Quarry equipment and machinery.--The annual fee for 8 operation or movement of each piece of heavy quarry equipment or 9 machinery, as provided for in section 4966 (relating to permit 10 for movement of quarry equipment), shall be $25. 11 (b) Implements of husbandry.--The annual fee for operation 12 or movement of oversize self-propelled implements of husbandry, 13 as provided for in section 4967 (relating to permit for movement 14 of implements of husbandry), shall be $20 for the first 15 implement and $5 for each additional implement. 16 (c) Equipment being manufactured.--The annual fee for 17 operation or movement of equipment being manufactured, as 18 provided for in section 4968 (relating to permit for movement of 19 equipment being manufactured), shall be $50. 20 (d) Multiple highway crossings.--The annual fee for a single 21 permit for multiple highway crossings, as provided in section 22 4965 (relating to single permits for multiple highway 23 crossings), shall be $25. 24 § 1944. Mobile homes and similar trailers. 25 (a) Fee.--The fee for a special hauling permit for a mobile 26 home or similar trailer which exceeds the maximum size 27 prescribed in this title shall be $20. 28 (b) Books of permits.--Upon request, permits for movement of 29 mobile homes will be issued in booklet form, containing a 30 convenient number of permits. For each movement, one permit 19750H1817B3002 - 154 -
1 shall be removed from the booklet, dated, trip data entered and 2 securely affixed to the mobile home. 3 § 1945. Movements requiring special escort. 4 When a special escort is required, as provided for in section 5 4962 (relating to conditions of permits and security for 6 damages), the cost of the escort shall be added to the permit 7 fee. The department, the Pennsylvania State Police and local 8 authorities may establish schedules of fees for escort costs 9 based on mileage or otherwise. 10 SUBCHAPTER D 11 MISCELLANEOUS FEES 12 Sec. 13 1951. Driver's license and learner's permit. 14 1952. Certificate of title. 15 1953. Security interest. 16 1954. Approval of vehicle equipment and testing devices. 17 1955. Information concerning drivers and vehicles. 18 1956. Certified copies of records. 19 1957. Uncollectible checks. 20 1958. Certificate of inspection. 21 1959. Messenger service. 22 § 1951. Driver's license and learner's permit. 23 (a) Driver's license.--The annual fee for a driver's license 24 shall be $5. 25 (b) Learner's permit.--The fee for a learner's permit shall 26 be $5. 27 (c) Replacement driver's license.--The fee for a replacement 28 driver's license shall be $3. 29 (d) Identification card.--The fee for an identification card 30 shall be $5. 19750H1817B3002 - 155 -
1 § 1952. Certificate of title.
2 (a) General rule.--The fee for a certificate of title shall
3 be $5.
4 (b) Duplicate certificate.--The fee for a duplicate
5 certificate of title shall be $5.
6 (c) Manufacturer's or dealer's notification.--The fee for a
7 manufacturer's or dealer's notification of acquisition of a
8 vehicle from another manufacturer or dealer for resale pursuant
9 to section 1113 (relating to transfer to or from manufacturer or
10 dealer) shall be $2.
11 § 1953. Security interest.
12 The fee for recording or changing the amount of security
13 interest on a certificate of title shall be $5.
14 § 1954. Approval of vehicle equipment and testing devices.
15 The department is authorized to charge reasonable fees for
16 the approval of vehicle equipment and testing devices under the
17 provisions of section 4104 (relating to testing and approval of
18 equipment) except that:
19 (1) fees for other testing shall be based on the cost of
20 operating the department equipment approval program and shall
21 not exceed similar fees charged by the American Association
22 of Motor Vehicle Administrators; and
23 (2) no fee shall be charged for approval based on
24 certifications of the American Association of Motor Vehicle
25 Administrators.
26 § 1955. Information concerning drivers and vehicles.
27 (a) Registrations, titles and security interests.--The fee
28 for copies of or information relating to a registration, title
29 or security interest shall be $1.50 $2.50. <--
30 (b) Other data and information.--The department may charge
19750H1817B3002 - 156 -
1 to any person or governmental or quasi-governmental entity a 2 reasonable fee based on the cost to the department of compiling 3 data and statistical information upon request. 4 § 1956. Certified copies of records. 5 (a) Department records.--The fee for a certified copy of any 6 department record which the department is authorized by law to 7 furnish to the public shall be $5 for each form or supporting 8 document comprising such record. 9 (b) State police reports.--The fee for a certified 10 Pennsylvania State Police record of investigation of a vehicle 11 accident which the Pennsylvania State Police are authorized by 12 this title to furnish to the public shall be $5 for each copy of 13 the Pennsylvania State Police full report of investigation. 14 § 1957. Uncollectible checks. 15 Whenever any check issued in payment of any fee or for any 16 other purpose is returned to the department as uncollectible, 17 the department or municipality shall charge a fee of $10 for 18 each driver's license, registration, replacement of tags, 19 transfer of registration, certificate of title, whether original 20 or duplicate, special hauling permit and each other unit of 21 issue by the department or municipality, plus all protest fees, 22 to the person presenting the check, to cover the cost of 23 collection. 24 § 1958. Certificate of inspection. 25 The department shall charge 25¢ for each certificate of 26 inspection. 27 § 1959. Messenger service. 28 (a) Annual registration.--The annual fee for registration of 29 a messenger service as provided for in Chapter 75 (relating to 30 messenger service) shall be $50. 19750H1817B3002 - 157 -
1 (b) Additional places of business.--The annual fee for 2 registration of additional place of business or branch office 3 from which a messenger service may transact business shall be 4 $25. 5 (c) Transfer of location.--The fee for the transfer of 6 location of a registered place of business or branch office of a 7 messenger service during a period of registration shall be $5. 8 PART III 9 OPERATION OF VEHICLES 10 Chapter 11 31. General Provisions 12 33. Rules of the Road in General 13 35. Special Vehicles and Pedestrians 14 37. Miscellaneous Provisions. 15 CHAPTER 31 16 GENERAL PROVISIONS 17 Subchapter 18 A. Obedience To and Effect of Traffic Laws 19 B. Traffic-control Devices 20 SUBCHAPTER A 21 OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS 22 Sec. 23 3101. Application of part. 24 3102. Obedience to authorized persons directing traffic. 25 3103. Persons riding animals or driving animal-drawn vehicles. 26 3104. Persons working on highways. 27 3105. Drivers of emergency vehicles. 28 3106. Operators of streetcars. 29 § 3101. Application of part. 30 (a) General rule.--Except as provided in subsection (b), the 19750H1817B3002 - 158 -
1 provisions of this part relating to the operation of vehicles 2 refer exclusively to the operation of vehicles upon highways 3 except where a different place is specifically referred to in a 4 particular provision. 5 (b) Serious traffic offenses.--The provisions of Subchapter 6 B of Chapter 37 (relating to serious traffic offenses) shall 7 apply upon highways and elsewhere throughout this Commonwealth. 8 § 3102. Obedience to authorized persons directing traffic. 9 No person shall wilfully fail or refuse to comply with any 10 lawful order or direction of any uniformed police officer, 11 sheriff or constable or any appropriately attired person 12 authorized to direct, control or regulate traffic. 13 § 3103. Persons riding animals or driving animal-drawn 14 vehicles. 15 (a) General rule.--Every person riding an animal or driving 16 any animal-drawn vehicle upon a roadway shall be granted all of 17 the rights and shall be subject to all of the duties applicable 18 to the driver of a vehicle by this part, except those provisions 19 of this part which by their very nature can have no application 20 or where specifically provided otherwise. 21 (b) Limited-access highways.--No person shall ride an animal 22 or drive any animal-drawn vehicle upon a limited-access highway. 23 § 3104. Persons working on highways. 24 Unless specifically made applicable, the provisions of this 25 part, except those contained in Subchapter B of Chapter 37 26 (relating to serious traffic offenses), shall not apply to 27 persons, motor vehicles, and equipment while actually engaged in 28 work upon a highway but shall apply to such persons and vehicles 29 when traveling to or from such work. 30 § 3105. Drivers of emergency vehicles. 19750H1817B3002 - 159 -
1 (a) General rule.--The driver of an emergency vehicle, when 2 responding to an emergency call or when in the pursuit of an 3 actual or suspected violator of the law or when responding to 4 but not upon returning from a fire alarm, may exercise the 5 privileges set forth in this section, but subject to the 6 conditions stated in this section. 7 (b) Exercise of special privileges.--The driver of an 8 emergency vehicle may: 9 (1) Park or stand, irrespective of the provisions of 10 this part. 11 (2) Proceed past a red signal indication or stop sign, 12 but only after slowing down as may be necessary for safe 13 operation, except as provided in subsection (d). 14 (3) Exceed the maximum speed limits so long as the 15 driver does not endanger life or property , except as 16 provided in subsection (d). 17 (4) Disregard regulations governing direction of 18 movement or turning in specified directions. 19 (c) Audible and visual signals required.--The privileges 20 granted in this section to an emergency vehicle shall apply only 21 when the vehicle is making use of an audible signal and visual 22 signals meeting the requirements and standards set forth in 23 regulations adopted by the department, except that an emergency 24 vehicle operated as a police vehicle need not be equipped with 25 or display the visual signals. 26 (d) Limitations on ambulance operation.--The driver of an 27 ambulance shall comply with maximum speed limits, red signal 28 indications or stop signs. After ascertaining that the ambulance 29 will be given the right-of-way, the ambulance driver may proceed 30 through a red signal indication or stop sign. 19750H1817B3002 - 160 -
1 (e) Exercise of care.--This section does not relieve the 2 driver of an emergency vehicle from the duty to drive with due 3 regard for the safety of all persons. 4 § 3106. Operators of streetcars. 5 Every operator of a streetcar upon any roadway shall be 6 granted all of the rights and shall be subject to all of the 7 duties applicable to the driver of a vehicle by this title 8 except those provisions which by their nature can have no 9 application. 10 SUBCHAPTER B 11 TRAFFIC-CONTROL DEVICES 12 Sec. 13 3111. Obedience to traffic-control devices. 14 3112. Traffic-control signals. 15 3113. Pedestrian-control signals. 16 3114. Flashing signals. 17 3115. Lane-direction-control signals. 18 § 3111. Obedience to traffic-control devices. 19 (a) General rule.--Unless otherwise directed by a uniformed 20 police officer or any appropriately attired person authorized to 21 direct, control or regulate traffic, the driver of any vehicle 22 shall obey the instructions of any applicable official traffic- 23 control device placed or held in accordance with the provisions 24 of this title, subject to the privileges granted the driver of 25 an authorized emergency vehicle in this title. 26 (b) Proper position and legibility of device.--No provision 27 of this title for which official traffic-control devices are 28 required shall be enforced against an alleged violator if at the 29 time and place of the alleged violation an official device is 30 not in proper position and sufficiently legible to be seen by an 19750H1817B3002 - 161 -
1 ordinarily observant person. Whenever a particular section does 2 not state that official traffic-control devices are required, 3 the section shall be effective even though no devices are 4 erected or in place. 5 (c) Presumption of authorized placement.--Whenever official 6 traffic-control devices are placed or held in position 7 approximately conforming to the requirements of this title, the 8 devices shall be presumed to have been so placed by the official 9 act or direction of lawful authority, unless the contrary shall 10 be established by competent evidence. 11 (d) Presumption of proper devices.--Any official traffic- 12 control device placed or held pursuant to the provisions of this 13 title and purporting to conform to the lawful requirements 14 pertaining to such devices shall be presumed to comply with the 15 requirements of this title, unless the contrary shall be 16 established by competent evidence. 17 § 3112. Traffic-control signals. 18 (a) General rule.--Whenever traffic is controlled by 19 traffic-control signals exhibiting different colored lights, or 20 colored lighted arrows, successively one at a time or in 21 combination, only the colors green, red and yellow shall be 22 used, except for special pedestrian signals carrying a word 23 legend, and the lights shall indicate and apply to drivers of 24 vehicles and pedestrians as follows: 25 (1) Green indication.-- 26 (i) Vehicular traffic facing a circular green signal 27 may proceed straight through or turn right or left unless 28 a sign at such place prohibits either such turn except 29 that vehicular traffic, including vehicles turning right 30 or left, shall yield the right-of-way to other vehicles 19750H1817B3002 - 162 -
1 and to pedestrians lawfully within the intersection or an 2 adjacent crosswalk at the time the signal is exhibited. 3 (ii) Vehicular traffic facing a green arrow signal, 4 shown alone or in combination with another indication, 5 may enter the intersection only to make the movement 6 indicated by the arrow, or such other movement as is 7 permitted by other indications shown at the same time. 8 Such vehicular traffic shall yield the right-of-way to 9 pedestrians lawfully within an adjacent crosswalk and to 10 other traffic lawfully using the intersection. 11 (iii) Unless otherwise directed by a pedestrian- 12 control signal as provided in section 3113 (relating to 13 pedestrian-control signals), pedestrians facing any green 14 signal may proceed across the roadway within a crosswalk. 15 (2) Steady yellow indication.-- 16 (i) Vehicular traffic facing a steady yellow signal 17 is thereby warned that the related green indication is 18 being terminated or that a red indication will be 19 exhibited immediately thereafter. 20 (ii) Unless otherwise directed by a pedestrian- 21 control signal as provided in section 3113, pedestrians 22 facing a steady yellow signal are thereby advised that 23 there is insufficient time to cross the roadway before a 24 red indication is shown and no pedestrian shall then 25 start to cross the roadway. 26 (3) Steady red indication.-- 27 (i) Vehicular traffic facing a steady red signal 28 alone shall stop at a clearly marked stop line, or if 29 none, before entering the crosswalk on the near side of 30 the intersection, or if none, then before entering the 19750H1817B3002 - 163 -
1 intersection and shall remain standing until an 2 indication to proceed is shown except as provided in 3 subparagraph (ii). 4 (ii) Unless a sign is in place prohibiting a turn, 5 vehicular traffic facing a steady red signal may enter 6 the intersection to turn right, or to turn left from a 7 one-way roadway onto a one-way roadway after stopping as 8 required by subparagraph (i). Such vehicular traffic 9 shall yield the right-of-way to pedestrians lawfully 10 within an adjacent crosswalk and to other traffic 11 lawfully using the intersection. 12 (iii) Unless otherwise directed by a pedestrian- 13 control signal as provided in section 3113, pedestrians 14 facing a steady red signal alone shall not enter the 15 roadway. 16 (b) Places other than intersections.--In the event an 17 official traffic-control signal is erected and maintained at a 18 place other than an intersection, the provisions of this section 19 shall be applicable except as to those provisions which by their 20 nature can have no application. Any stop required shall be made 21 at a sign or marking on the pavement indicating where the stop 22 shall be made, but in the absence of any such sign or marking 23 the stop shall be made at the signal. 24 (c) Inoperable or malfunctioning signal.--If a traffic 25 control signal is out of operation or is not functioning 26 properly, vehicular traffic facing a: 27 (1) Green or yellow signal may proceed with caution as 28 indicated in subsection (a)(1) and (2). 29 (2) Red signal shall stop in the same manner as at a 30 stop sign, and the right to proceed shall be subject to the 19750H1817B3002 - 164 -
1 rules applicable after making a stop at a stop sign as 2 provided in section 3323 (relating to stop signs and yield 3 signs). 4 § 3113. Pedestrian-control signals. 5 (a) General rule.--Whenever special pedestrian-control 6 signals exhibiting the words "Walk" or "Don't Walk" are in 7 place, the signals shall indicate as follows: 8 (1) "Walk".--Pedestrians facing the signal should 9 proceed across the roadway in the direction of the signal and 10 shall be given the right-of-way by the drivers of all 11 vehicles. 12 (2) "Don't Walk".--Pedestrians should not start to cross 13 the roadway in the direction of the signal, but any 14 pedestrian who has partially completed his crossing on the 15 "Walk" signal should proceed to a sidewalk or safety zone 16 while the "Don't Walk" signal is showing. 17 (3) Flashing "Walk".--Whenever the "Walk" indication is 18 flashing, pedestrians facing the signal are cautioned that 19 there is possible hazard from turning vehicles, but 20 pedestrians may proceed across the roadway in the direction 21 of the signal indication and shall be given the right-of-way 22 by the drivers of all vehicles. 23 (4) Flashing "Don't Walk".--Whenever the "Don't Walk" 24 indication is flashing, pedestrians should not start to cross 25 the roadway in the direction of the indication, but any 26 pedestrian who has partly completed crossing during the 27 "Walk" indication should proceed to a sidewalk or safety 28 zone, and all drivers of vehicles shall yield to the 29 pedestrian. 30 (b) Local regulation.--This section does not prohibit a 19750H1817B3002 - 165 -
1 municipality from establishing a summary offense for violation 2 of subsection (a)(2) or (4). 3 § 3114. Flashing signals. 4 (a) General rule.--Whenever a flashing red or yellow signal 5 is used in a traffic signal or with a traffic sign it shall 6 require obedience by vehicular traffic as follows: 7 (1) Flashing red.--When a red lens is illuminated with 8 rapid intermittent flashes, drivers of vehicles shall stop in 9 the same manner as at a stop sign, and the right to proceed 10 shall be subject to the rules applicable after making a stop 11 at a stop sign as provided in section 3323 (relating to stop 12 signs and yield signs). 13 (2) Flashing yellow.--When a yellow lens is illuminated 14 with rapid intermittent flashes, drivers of vehicles may 15 proceed through the intersection or past such signal only 16 with caution. 17 (b) Railroad grade crossings.--This section does not apply 18 at railroad grade crossings. Conduct of drivers of vehicles 19 approaching railroad grade crossings shall be governed by the 20 rules as set forth in section 3341 (relating to obedience to 21 signal indicating approach of train). 22 § 3115. Lane-direction-control signals. 23 When lane-direction-control signals are placed over the 24 individual lanes of a street or highway, vehicular traffic may 25 travel in any lane over which a green signal is shown, but shall 26 not enter or travel in any lane over which a red signal is 27 shown. 1 CHAPTER 33 2 RULES OF THE ROAD IN GENERAL 19750H1817B3002 - 166 -
1 Subchapter 2 A. General Provisions 3 B. Right-of-way 4 C. Turning, Starting and Signals 5 D. Special Stops Required 6 E. Stopping, Standing and Parking 7 F. Speed Restrictions 8 SUBCHAPTER A 9 GENERAL PROVISIONS 10 Sec. 11 3301. Driving on right side of roadway. 12 3302. Meeting vehicle proceeding in opposite direction. 13 3303. Overtaking vehicle on the left. 14 3304. Overtaking vehicle on the right. 15 3305. Limitations on overtaking on the left. 16 3306. Limitations on driving on left side of roadway. 17 3307. No-passing zones. 18 3308. One-way roadways and rotary traffic islands. 19 3309. Driving on roadways laned for traffic. 20 3310. Following too closely. 21 3311. Driving on divided highways. 22 3312. Limited-access highway entrances and exits. 23 3313. Restrictions on use of limited-access highways. 24 3314. Prohibiting use of hearing impairment devices. 25 § 3301. Driving on right side of roadway. 26 (a) General rule.--Upon all roadways of sufficient width, a 27 vehicle shall be driven upon the right half of the roadway 28 except as follows: 29 (1) When overtaking and passing another vehicle 30 proceeding in the same direction where permitted by the rules 19750H1817B3002 - 167 -
1 governing such movement. 2 (2) When an obstruction exists making it necessary to 3 drive to the left of the center of the roadway, provided the 4 driver yields the right-of-way to all vehicles traveling in 5 the proper direction upon the unobstructed portion of the 6 roadway within such distance as to constitute a hazard. 7 (3) When and where official traffic-control devices are 8 in place designating a lane or lanes to the left side of the 9 center of the roadway for the movement indicated by the 10 devices. 11 (4) Upon a roadway restricted to one-way traffic. 12 (5) When making a left turn as provided in sections 3322 13 (relating to vehicle turning left) and 3331 (relating to 14 required position and method of turning). 15 (b) Vehicle proceeding at less than normal speed.--Upon all 16 roadways any vehicle proceeding at less than the normal speed of 17 traffic at the time and place and under the conditions then 18 existing shall be driven in the right-hand lane then available 19 for traffic, or as close as practicable to the right-hand curb 20 or edge of the roadway, except when overtaking and passing 21 another vehicle proceeding in the same direction or when 22 preparing for a left turn at an intersection or into an alley, 23 private road or driveway. This subsection does not apply to a 24 driver who must necessarily drive in a lane other than the 25 right-hand lane to continue on his intended route. 26 § 3302. Meeting vehicle proceeding in opposite direction. 27 Drivers of vehicles proceeding in opposite directions shall 28 pass each other to the right and, upon roadways having width for 29 not more than one line of traffic in each direction, each driver 30 shall give to the other at least one-half of the main-traveled 19750H1817B3002 - 168 -
1 portion of the roadway as nearly as possible. 2 § 3303. Overtaking vehicle on the left. 3 (a) General rule.--The following rules shall govern the 4 overtaking and passing of vehicles proceeding in the same 5 direction, subject to the limitations, exceptions and special 6 rules stated in this chapter: 7 (1) The driver of a vehicle overtaking another vehicle 8 proceeding in the same direction shall pass to the left of 9 the other vehicle at a safe distance and shall stay to the 10 left of the other vehicle until safely clear of the overtaken 11 vehicle. 12 (2) Except when overtaking and passing on the right is 13 permitted, the driver of an overtaken vehicle shall not 14 increase the speed of the vehicle until completely passed by 15 the overtaking vehicle and shall give way to the right in 16 favor of the overtaking vehicle on suitable signal. 17 (b) Suitable signal defined.--Suitable signal for purposes 18 of subsection (a)(2) shall be as follows: 19 (1) At all times when head lamps are required to be 20 lighted according to section 4302 (relating to the period for 21 requiring lighted lamps), an audible signal or the 22 intermittent flashing of low and high beams except that the 23 use of high beams shall not be permitted when a vehicle is 24 approaching from the opposite direction within 500 feet. 25 (2) At all other times, an audible signal or turning 26 head lamps on and off rapidly. 27 § 3304. Overtaking vehicle on the right. 28 (a) General rule.--The driver of a vehicle may overtake and 29 pass upon the right of another vehicle only under one of the 30 following conditions: 19750H1817B3002 - 169 -
1 (1) When the vehicle overtaken is making or about to 2 make a left turn, except that such movement shall not be made 3 by driving off the highway. 4 (2) Upon a roadway with unobstructed pavement of 5 sufficient width for two or more lines of vehicles moving 6 lawfully in the direction being traveled by the overtaken 7 vehicle, except that such movement shall not be made by 8 driving off the roadway. 9 (b) Limitation.--No passing movement under this section 10 shall be made unless the movement can be made in safety. 11 § 3305. Limitations on overtaking on the left. 12 No vehicle shall be driven to the left side of the center or 13 marked center line of the roadway in overtaking and passing 14 another vehicle proceeding in the same direction unless the left 15 side is clearly visible and is free of oncoming traffic for a 16 sufficient distance ahead to permit the overtaking and passing 17 to be completely made without interfering with the operation of 18 any vehicle approaching from the opposite direction or any 19 vehicle overtaken. In every event the overtaking vehicle must 20 return to an authorized lane of travel as soon as practicable 21 and, in the event the passing movement involves the use of a 22 lane authorized for vehicles approaching from the opposite 23 direction, before coming within 200 feet of any approaching 24 vehicle. 25 § 3306. Limitations on driving on left side of roadway. 26 (a) General rule.--No vehicle shall be driven on the left 27 side of the roadway under any of the following conditions: 28 (1) When approaching or upon the crest of a grade or a 29 curve in the highway where the driver's view is obstructed 30 within such distance as to create a hazard in the event 19750H1817B3002 - 170 -
1 another vehicle might approach from the opposite direction. 2 (2) When approaching within 100 feet of or traversing 3 any intersection or railroad grade crossing, unless otherwise 4 indicated by official traffic-control devices. 5 (3) When the view is obstructed upon approaching within 6 100 feet of any bridge, viaduct or tunnel. 7 (b) Application of section.--This section does not apply 8 under the conditions described in section 3301(a)(2), (3), (4) 9 and (5) (relating to driving on right side of roadway). 10 § 3307. No-passing zones. 11 (a) Establishment and marking.--The department and local 12 authorities may determine those portions of any highway under 13 their respective jurisdictions where overtaking and passing or 14 driving on the left side of the roadway would be especially 15 hazardous and may by appropriate signs or markings on the 16 roadway indicate the beginning and end of such zones and when 17 the signs or markings are in place and clearly visible to an 18 ordinarily observant person every driver of a vehicle shall obey 19 the directions of the signs or markings. 20 (b) Compliance by drivers.--Where signs or markings are in 21 place to define a no-passing zone as set forth in subsection 22 (a), no driver shall at any time drive on the left side of the 23 roadway within the no-passing zone or on the left side of any 24 pavement striping designed to mark a no-passing zone throughout 25 its length. 26 (c) Construction of section.--This section does not prohibit 27 completion of a pass which was lawfully commenced prior to 28 entering a no-passing zone if the pass can be completed with 29 safety. 30 (d) Application of section.--This section does not apply 19750H1817B3002 - 171 -
1 under the conditions described in section 3301(a)(2) and (5) 2 (relating to driving on right side of roadway). 3 § 3308. One-way roadways and rotary traffic islands. 4 (a) Establishment and marking.--The department and local 5 authorities with respect to highways under their respective 6 jurisdictions may designate any highway, roadway, part of a 7 roadway or specific lanes upon which vehicular traffic shall 8 proceed in one direction at all or such times as shall be 9 indicated by official traffic-control devices. 10 (b) Driving on one-way roadway.--Upon a roadway designated 11 for one-way traffic, a vehicle shall be driven only in the 12 direction designated at all or such times as shall be indicated 13 by official traffic-control devices. 14 (c) Driving around rotary traffic island.--A vehicle passing 15 around a rotary traffic island shall be driven only to the right 16 of the island. 17 § 3309. Driving on roadways laned for traffic. 18 Whenever any roadway has been divided into two or more 19 clearly marked lanes for traffic the following rules in addition 20 to all others not inconsistent therewith shall apply: 21 (1) Driving within single lane.--A vehicle shall be 22 driven as nearly as practicable entirely within a single lane 23 and shall not be moved from the lane until the driver has 24 first ascertained that the movement can be made with safety. 25 (2) Three lane roadways.--Upon a roadway which is 26 divided into three lanes and provides for two-way movement of 27 traffic, a vehicle shall not be driven in the center lane 28 except when overtaking and passing another vehicle traveling 29 in the same direction when the center lane is clear of 30 traffic within a safe distance, or in preparation for making 19750H1817B3002 - 172 -
1 a left turn, or where the center lane is allocated 2 exclusively to traffic moving in the same direction that the 3 vehicle is proceeding and the allocation is designated by 4 official traffic-control devices. 5 (3) Lanes limited to specific use.--Official traffic- 6 control devices may be erected to restrict the use of 7 specified lanes to specified classes or types of traffic or 8 vehicles, including multi-occupant vehicles or car pools, and 9 drivers of vehicles shall obey the directions of every such 10 device. 11 (4) Prohibitions against changing lanes.--Official 12 traffic-control devices may be installed prohibiting the 13 changing of lanes on a section of roadway and drivers of 14 vehicles shall obey the directions of every such device. 15 § 3310. Following too closely. 16 (a) General rule.--The driver of a motor vehicle shall not 17 follow another vehicle more closely than is reasonable and 18 prudent, having due regard for the speed of the vehicles and the 19 traffic upon and the condition of the highway. 20 (b) Combinations of vehicles and trucks.--The driver of any 21 motor vehicle drawing another vehicle or of any truck when 22 traveling upon a roadway outside of an urban district and 23 following a motor vehicle drawing another vehicle or following a 24 truck shall, whenever conditions permit, leave sufficient space 25 so that an overtaking vehicle may enter and occupy the space 26 without danger, except that this subsection does not prevent a 27 motor vehicle drawing another vehicle or prevent a truck from 28 overtaking and passing any vehicle or combination of vehicles. 29 (c) Caravans and motorcades.--Upon any roadway outside of an 30 urban district motor vehicles being driven in a caravan or 19750H1817B3002 - 173 -
1 motorcade, whether or not towing other vehicles, shall be so 2 operated as to allow sufficient space between each vehicle or 3 combination of vehicles so as to enable any other vehicle to 4 enter and occupy space without danger. This subsection does not 5 apply to funeral processions. 6 § 3311. Driving on divided highways. 7 (a) General rule.--Whenever any highway has been divided 8 into two or more roadways by leaving an intervening space, 9 physical barrier or clearly indicated dividing section so 10 constructed as to impede vehicular traffic, every vehicle shall 11 be driven only upon the right-hand roadway unless directed or 12 permitted to use another roadway by official traffic-control 13 devices, police officers or appropriately attired persons 14 authorized to direct, control or regulate traffic. No vehicle 15 shall be driven over, across or within any such dividing space, 16 barrier or section except through an opening in the physical 17 barrier or dividing section or space or at a crossover or 18 intersection as established. 19 (b) Traffic-control devices regulating turns.--Whenever 20 necessary for the protection and safety of traffic, official 21 traffic-control devices may be installed at an opening in the 22 physical barrier or dividing section or space or at a crossover 23 or intersection prohibiting or regulating a turn or turns as may 24 be necessary pursuant to the authority of this title. 25 § 3312. Limited-access highway entrances and exits. 26 No person shall drive a vehicle onto or from any limited- 27 access highway except at such entrances and exits as are 28 established by public authority. 29 § 3313. Restrictions on use of limited-access highways. 30 (a) General rule.--The department may regulate or prohibit 19750H1817B3002 - 174 -
1 the use of any limited-access highway by any class or kind of 2 traffic which is found to be incompatible with the normal and 3 safe movement of traffic. 4 (b) Traffic-control devices at entrances.--The department, 5 when adopting any prohibition under this section, shall erect 6 and maintain official traffic-control devices at the entrances 7 to the limited-access highway on which the prohibitions are 8 applicable and when in place no person shall disobey the 9 restrictions stated on the devices. 10 § 3314. Prohibiting use of hearing impairment devices. 11 (a) General rule.--No driver shall operate a motor vehicle 12 while wearing or using headphones, earphones or any similar 13 device which the department by regulation determines would 14 impair the ability of the driver to hear traffic sounds. 15 (b) Exception.--This section does not prohibit the use of 16 hearing aids or other devices for improving the hearing of the 17 driver. 18 SUBCHAPTER B 19 RIGHT-OF-WAY 20 Sec. 21 3321. Vehicle approaching or entering intersection. 22 3322. Vehicle turning left. 23 3323. Stop signs and yield signs. 24 3324. Vehicle entering or crossing roadway. 25 3325. Duty of driver on approach of emergency vehicle. 26 3326. Duty of driver in construction and maintenance areas. 27 § 3321. Vehicle approaching or entering intersection. 28 (a) General rule.--When two vehicles approach or enter an 29 intersection from different highways at approximately the same 30 time, the driver of the vehicle on the left shall yield the 19750H1817B3002 - 175 -
1 right-of-way to the vehicle on the right. 2 (b) Exception.--The right-of-way rule declared in subsection 3 (a) is modified at through highways and otherwise as stated in 4 this part. 5 § 3322. Vehicle turning left. 6 The driver of a vehicle intending to turn left within an 7 intersection or into an alley, private road or driveway shall 8 yield the right-of-way to any vehicle approaching from the 9 opposite direction which is so close as to constitute a hazard. 10 § 3323. Stop signs and yield signs. 11 (a) Intersections controlled by signs.--Preferential right- 12 of-way at an intersection may be indicated by stop signs or 13 yield signs as authorized in section 6124 (relating to erection 14 of traffic-control devices at intersections). 15 (b) Duties at stop signs.--Except when directed to proceed 16 by a police officer or appropriately attired persons authorized 17 to direct, control or regulate traffic, every driver of a 18 vehicle approaching a stop sign shall stop at a clearly marked 19 stop line or, if none, before entering a crosswalk on the near 20 side of the intersection or, if none, then at the point nearest 21 the intersecting roadway where the driver has a view of 22 approaching traffic on the intersecting roadway before entering. 23 After having stopped, the driver shall yield the right-of-way to 24 any pedestrian in a crosswalk or to any vehicle in the 25 intersection or approaching on another roadway so closely as to 26 constitute a hazard during the time when the driver is moving 27 across or within the intersection or junction of roadways. 28 (c) Duties at yield signs.--The driver of a vehicle 29 approaching a yield sign shall in obedience to the sign slow 30 down to a speed reasonable for the existing conditions and, if 19750H1817B3002 - 176 -
1 required for safety to stop, shall stop before entering a 2 crosswalk on the near side of the intersection or, if none, then 3 at the point nearest the intersecting roadway where the driver 4 has a view of approaching traffic on the intersecting roadway 5 before entering. After slowing down or stopping, the driver 6 shall yield the right-of-way to any vehicle in the intersection 7 or approaching on another roadway so closely as to constitute a 8 hazard during the time the driver is moving across or within the 9 intersection or junction of roadways. If a driver is involved in 10 a collision with a vehicle in the intersection or junction of 11 roadways after driving past a yield sign, the collision shall be 12 deemed prima facie evidence of failure of the driver to yield 13 the right-of-way. 14 § 3324. Vehicle entering or crossing roadway. 15 The driver of a vehicle about to enter or cross a roadway 16 from any place other than another roadway shall yield the right- 17 of-way to all vehicles approaching on the roadway to be entered 18 or crossed. 19 § 3325. Duty of driver on approach of emergency vehicle. 20 (a) General rule.--Upon the immediate approach of an 21 emergency vehicle making use of an audible signal and visual 22 signals meeting the requirements and standards set forth in 23 regulations adopted by the department, or of a police vehicle 24 properly and lawfully making use of an audible signal only, the 25 driver of every other vehicle shall yield the right-of-way and 26 shall immediately drive to a position parallel to, and as close 27 as possible to, the right-hand edge or curb of the roadway clear 28 of any intersection and shall stop and remain in that position 29 until the emergency vehicle has passed, except when otherwise 30 directed by a police officer. On one-way roadways a driver may 19750H1817B3002 - 177 -
1 comply by driving to the edge or curb which is nearest to the 2 lane in which he is traveling. 3 (b) Duty of operator of streetcar.--Upon the approach of an 4 emergency vehicle, the operator of every streetcar shall 5 immediately stop the streetcar clear of any intersection and 6 remain in that position until the emergency vehicle has passed, 7 except when otherwise directed by a police officer. 8 § 3326. Duty of driver in construction and maintenance areas. 9 (a) Areas indicated by traffic-control devices.--The driver 10 of a vehicle shall yield the right-of-way to any authorized 11 vehicle or pedestrian actually engaged in work upon a highway 12 within any highway or utility construction or maintenance area 13 indicated by official traffic-control devices. 14 (b) Work vehicles displaying flashing lights.--The driver of 15 a vehicle shall yield the right-of-way to any authorized vehicle 16 obviously and actually engaged in work upon a highway whenever 17 the vehicle displays flashing lights meeting the requirements 18 and regulations promulgated by the department. 19 SUBCHAPTER C 20 TURNING, STARTING AND SIGNALS 21 Sec. 22 3331. Required position and method of turning. 23 3332. Limitations on turning around. 24 3333. Moving stopped or parked vehicle. 25 3334. Turning movements and required signals. 26 3335. Signals by hand and arm or signal lamps. 27 3336. Method of giving hand and arm signals. 28 § 3331. Required position and method of turning. 29 (a) Right turn.--The driver of a vehicle intending to turn 30 right shall approach the turn and make the turn as close as 19750H1817B3002 - 178 -
1 practicable to the right-hand curb or edge of the roadway. 2 (b) Left turn.--The driver of a vehicle intending to turn 3 left shall approach the turn in the extreme left-hand lane 4 lawfully available to traffic moving in the direction of travel 5 of the vehicle. Whenever practicable, the left turn shall be 6 made to the left of the center of the intersection and so as to 7 leave the intersection or location in the extreme left-hand lane 8 lawfully available to traffic moving in the same direction as 9 the vehicle on the roadway being entered. 10 (c) Compliance with traffic-control devices.--The department 11 and local authorities on highways under their respective 12 jurisdictions may cause official traffic-control devices to be 13 placed and thereby require and direct that a different course 14 from that specified in this section be traveled by turning 15 vehicles and when the devices are so placed no driver shall turn 16 a vehicle other than as directed and required by the devices. 17 (d) Two-way left turn lanes.--Where a special lane for 18 making left turns by drivers proceeding in opposite directions 19 has been indicated by official traffic-control devices: 20 (1) A left turn shall not be made from any other lane. 21 (2) A vehicle shall not be driven in the lane except 22 when preparing for or making a left turn from or into the 23 roadway or when preparing for or making a U turn when 24 otherwise permitted by law. 25 § 3332. Limitations on turning around. 26 (a) General rule.--The driver of any vehicle shall not turn 27 the vehicle so as to proceed in the opposite direction unless 28 the movement can be made in safety and without interfering with 29 other traffic. 30 (b) Turns on curves or grades.--No vehicle shall be turned 19750H1817B3002 - 179 -
1 so as to proceed in the opposite direction upon any curve, or 2 upon the approach to or near the crest of a grade, where the 3 vehicle cannot be seen by the driver of any other vehicle 4 approaching from either direction within 500 feet. 5 § 3333. Moving stopped or parked vehicle. 6 No person shall move a vehicle which is stopped, standing or 7 parked unless and until the movement can be made with reasonable 8 safety. 9 § 3334. Turning movements and required signals. 10 (a) General rule.--Upon a roadway no person shall turn a 11 vehicle or move from one traffic lane to another or enter the 12 traffic stream from a parked position unless and until the 13 movement can be made with reasonable safety nor without giving 14 an appropriate signal in the manner provided in this section. 15 (b) Signals on turning and starting.--At speeds of less than 16 35 miles per hour, an appropriate signal of intention to turn 17 right or left shall be given continuously during not less than 18 the last 100 feet traveled by the vehicle before turning. The 19 signal shall be given during not less than the last 300 feet at 20 speeds in excess of 35 miles per hour. The signal shall also be 21 given prior to entry of the vehicle into the traffic stream from 22 a parked position. 23 (c) Signals on stopping or decreasing speed.--No person 24 shall stop or suddenly decrease the speed of a vehicle without 25 first giving an appropriate signal in the manner provided in 26 this subchapter to the driver of any vehicle to the rear when 27 there is opportunity to give the signal. 28 (d) Limitations on use of certain signals.--The signals 29 required on vehicles by section 3335(b) (relating to signals by 30 hand and arm or signal lamps) shall not be flashed on one side 19750H1817B3002 - 180 -
1 only on a disabled vehicle, flashed as a courtesy or "do pass" 2 signal to operators of other vehicles approaching from the rear, 3 nor be flashed on one side only of a parked vehicle except as 4 may be necessary for compliance with this section. 5 (e) Discontinuing turn signals.--Turn signals shall be 6 discontinued immediately after completing the turn or movement 7 from one traffic lane to another traffic lane. 8 § 3335. Signals by hand and arm or signal lamps. 9 (a) General rule.--Any stop or turn signal shall be given 10 either by means of the hand and arm or by signal lamps, except 11 as otherwise provided in subsection (b). 12 (b) Required signals by signal lamps.--Any motor vehicle in 13 use on a highway shall be equipped with, and required signal 14 shall be given by, signal lamps when the distance from the 15 center of the top of the steering post to the left outside limit 16 of the body, cab or load of the motor vehicle exceeds 24 inches, 17 or when the distance from the center of the top of the steering 18 post to the rear limit of the body or load exceeds 14 feet. The 19 latter measurement shall apply to any single vehicle and to any 20 combination of vehicles. 21 (c) Exception.--This section does not apply to a motor 22 vehicle registered as an antique or classic vehicle which was 23 not originally equipped with signal lamps. 24 § 3336. Method of giving hand and arm signals. 25 All signals given by hand and arm shall be given from the 26 left side of the vehicle in the following manner and the signals 27 shall indicate as follows: 28 (1) For a left turn, the hand and arm shall be extended 29 horizontally. 30 (2) For a right turn, the hand and arm shall be extended 19750H1817B3002 - 181 -
1 upward. 2 (3) To stop or decrease speed, the hand and arm shall be 3 extended downward. 4 SUBCHAPTER D 5 SPECIAL STOPS REQUIRED 6 Sec. 7 3341. Obedience to signal indicating approach of train. 8 3342. Vehicles required to stop at railroad crossings. 9 3343. Moving heavy equipment at railroad grade crossings. 10 3344. Emerging from alley, driveway or building. 11 3345. Meeting or overtaking school bus. 12 § 3341. Obedience to signal indicating approach of train. 13 (a) General rule.--Whenever any person driving a vehicle 14 approaches a railroad grade crossing under any of the 15 circumstances stated in this section, the driver of the vehicle 16 shall stop within 50 feet but not less than 15 feet from the 17 nearest rail of the railroad and shall not proceed until it can 18 be done safely. The foregoing requirements shall apply upon the 19 occurrence of any of the following circumstances: 20 (1) A clearly visible electric or mechanical signal 21 device gives warning of the immediate approach of a railroad 22 train. 23 (2) A crossing gate is lowered or a flagman gives or 24 continues to give a signal of the approach or passage of a 25 railroad train. 26 (3) A railroad train approaching within approximately 27 1,500 feet of the highway crossing emits a signal audible 28 from that distance and the railroad train, by reason of its 29 speed or nearness to the crossing, is a hazard. 30 (4) An approaching railroad train is plainly visible and 19750H1817B3002 - 182 -
1 is in hazardous proximity to the crossing. 2 (b) Compliance with crossing gate or barrier.-- 3 (1) No person shall drive any vehicle through, around or 4 under any crossing gate or barrier at a railroad crossing 5 while the gate or barrier is closed. 6 (2) No person shall start to drive a vehicle through, 7 around or under a gate or barrier at the entrance to a 8 railroad crossing while the gate or barrier is being opened 9 or closed. 10 § 3342. Vehicles required to stop at railroad crossings. 11 (a) General rule.--Except as provided in subsection (b), the 12 driver of any vehicle described in regulations issued pursuant 13 to subsection (c), before crossing at grade any track or tracks 14 of a railroad, shall stop the vehicle within 50 feet but not 15 less than 15 feet from the nearest rail of the railroad and 16 while so stopped shall listen and look in both directions along 17 the track for any approaching train, and for signals indicating 18 the approach of a train, and shall not proceed until it can be 19 done safely. After stopping and upon proceeding when it is safe 20 to do so the driver of the vehicle shall cross only in such gear 21 of the vehicle that there will be no necessity for manually 22 changing gears while traversing the crossing and the driver 23 shall not manually shift gears while crossing the track or 24 tracks. 25 (b) Exceptions.--This section does not apply at any of the 26 following: 27 (1) Any railroad grade crossing at which traffic is 28 controlled by a police officer or flagman. 29 (2) Any railroad grade crossing at which traffic is 30 regulated by a traffic control signal. 19750H1817B3002 - 183 -
1 (3) Any railroad grade crossing protected by crossing 2 gates or an alternately flashing light signal intended to 3 give warning of the approach of a railroad train. 4 (4) Any railroad grade crossing at which an official 5 traffic-control device gives notice that the stopping 6 requirement imposed by this section does not apply. 7 (c) Regulations defining vehicles subject to section.--The 8 department shall adopt such regulations as may be necessary 9 describing the vehicles which must comply with the stopping 10 requirements of this section. In formulating the regulations, 11 the department shall give consideration to the hazardous nature 12 of any substance carried by the vehicle as determined by the 13 Hazardous Substances Transportation Board and to the number of 14 passengers carried by the vehicle in determining whether the 15 vehicle shall be required to stop. These regulations shall be 16 developed in conjunction with the Pennsylvania Public Utility 17 Commission and shall correlate with and so far as possible 18 conform to the current regulations of the United States 19 Department of Transportation. 20 § 3343. Moving heavy equipment at railroad grade crossings. 21 (a) General rule.--No person shall operate or move any 22 crawler-type tractor, power shovel, derrick, roller or any 23 equipment or structure having a normal operating speed of ten or 24 less miles per hour or a vertical body or load clearance of less 25 than one-half inch per foot of the distance between any two 26 adjacent axles or in any event of less than nine inches measured 27 above the level surface of a roadway, upon or across any tracks 28 at a railroad grade crossing without first complying with this 29 section. 30 (b) Notice of intended crossing.--Notice of any intended 19750H1817B3002 - 184 -
1 crossing shall be given to an authorized representative of the 2 railroad and a reasonable time be given to the railroad to 3 provide proper protection at the crossing. 4 (c) Stopping at crossing.--Before making any crossing, the 5 person operating or moving the vehicle or equipment shall first 6 stop the vehicle or equipment not less than 15 feet nor more 7 than 50 feet from the nearest rail of the railroad and while so 8 stopped shall listen and look in both directions along the track 9 for any approaching train and for signals indicating the 10 approach of a train, and shall not proceed until the crossing 11 can be made safely. 12 (d) Movement over crossing.--No crossing shall be made when 13 warning is given by automatic signal or crossing gates or a 14 flagman or otherwise of the immediate approach of a railroad 15 train or car. Movement over a crossing shall be under the 16 direction of any flagman provided by the railroad. 17 § 3344. Emerging from alley, driveway or building. 18 Unless otherwise directed by official traffic-control devices 19 erected in accordance with provisions of Subchapter B of Chapter 20 31 (relating to traffic-control devices), the driver of a 21 vehicle emerging from an alley, building, private road or 22 driveway within an urban district shall stop the vehicle 23 immediately prior to driving onto a sidewalk or onto the 24 sidewalk area extending across the alley, building entrance, 25 private road or driveway or, in the event there is no sidewalk 26 area, shall stop at the point nearest the street to be entered 27 where the driver has a view of approaching traffic. 28 § 3345. Meeting or overtaking school bus. 29 (a) Duty of approaching driver when red signals are 30 flashing.--Except as provided in subsection (g), the driver of a 19750H1817B3002 - 185 -
1 vehicle meeting or overtaking any school bus stopped on the 2 highway shall stop before reaching the school bus when the red 3 signal lights on the school bus are flashing. The driver shall 4 not proceed until the flashing red signal lights are no longer 5 actuated. In no event shall a driver of a vehicle resume motion 6 of the vehicle until the school children who may have alighted 7 from the school bus have reached a place of safety. 8 (b) Duty of approaching driver when amber signals are 9 flashing.--The driver of a vehicle meeting or overtaking any 10 school bus shall proceed past the school bus with caution and 11 shall be prepared to stop when the amber signal lights are 12 flashing. 13 (c) Use of red signals.--The red visual signals shall be 14 actuated by the driver of every school bus whenever the vehicle 15 is stopped on the highway for the purpose of receiving or 16 discharging school children, except as provided in subsections 17 (e) and (f). The signals shall not be terminated until the 18 school children who may have alighted from the school bus have 19 reached a place of safety or until boarding school children have 20 completed boarding the bus. 21 (d) Use of amber signals.--The amber visual signals shall be 22 actuated by the driver of every school bus not more than 300 23 feet nor less than 150 feet prior to making a stop for the 24 purpose of receiving or discharging school children and shall 25 remain in operation until the red visual signals are actuated. 26 Amber signals shall not be used unless the red visual signals 27 are to be actuated immediately following. 28 (e) Limitations on use of signals.--The visual signals 29 required in the regulations shall not be actuated on streets in 30 urban districts designated by the department or local 19750H1817B3002 - 186 -
1 authorities, at intersections or other places where traffic is 2 controlled by uniformed police officers or appropriately attired 3 persons authorized to direct, control or regulate traffic, or in 4 school bus loading areas designated by the department or local 5 authorities when the bus is entirely off the roadway. 6 (f) Operation for nonschool purposes.--When a school bus is 7 being operated upon a highway for purposes other than the actual 8 transportation of school children to or from school or in 9 connection with school activities, all markings indicating 10 "SCHOOL BUS" shall be covered or concealed. During such 11 operation, the flashing visual signals shall not be actuated. 12 (g) Exceptions from stopping requirements.--The driver of a 13 vehicle upon a highway with separate roadways need not stop upon 14 meeting or passing a school bus with actuated red signal lights 15 which is on a different roadway. 16 (h) Loading zones for school children.--Every school 17 district transporting school children by school bus shall 18 establish and maintain school bus loading zones at or near all 19 schools to or from which school children are transported and 20 shall establish school bus loading zones along the highways 21 traversed by school buses in accordance with regulations 22 promulgated by the department. 23 (i) Mandatory use of loading zones.--Whenever school bus 24 loading zones have been established at or near a school or along 25 a highway, it is unlawful for a school bus operator to stop the 26 bus to pick up or discharge school children at any location 27 other than at the loading zones. A list of approved loading 28 zones for the route of the bus shall be carried by the operator. 29 (j) Penalty.--Any person violating subsection (a) is guilty 30 of a summary offense and shall, upon conviction, be sentenced to 19750H1817B3002 - 187 -
1 pay a fine of $100. 2 SUBCHAPTER E 3 STOPPING, STANDING AND PARKING 4 Sec. 5 3351. Stopping, standing and parking outside business and 6 residence districts. 7 3352. Removal of vehicle by or at direction of police. 8 3353. Prohibitions in specified places. 9 3354. Additional parking regulations. 10 § 3351. Stopping, standing and parking outside business and 11 residence districts. 12 (a) General rule.--Outside a business or residence district, 13 no person shall stop, park or stand any vehicle, whether 14 attended or unattended, upon the roadway when it is practicable 15 to stop, park or stand the vehicle off the roadway. In the event 16 it is necessary to stop, park or stand the vehicle on the 17 roadway or any part of the roadway, an unobstructed width of the 18 highway opposite the vehicle shall be left for the free passage 19 of other vehicles and the vehicle shall be visible from a 20 distance of 500 feet in each direction upon the highway. 21 (b) Exception for disabled vehicles.--This section and 22 sections 3353 (relating to prohibitions in specified places) and 23 3354 (relating to additional parking regulations) do not apply 24 to the driver of any vehicle which is disabled in such a manner 25 and to such an extent that it is impossible to avoid stopping 26 and temporarily leaving the vehicle in that position. 27 § 3352. Removal of vehicle by or at direction of police. 28 (a) Outside business and residence districts.--Whenever any 29 police officer finds a vehicle in violation of any of the 30 provisions of section 3351 (relating to stopping, standing and 19750H1817B3002 - 188 -
1 parking outside business and residence districts), the officer 2 may move the vehicle, or cause the vehicle to be moved, or 3 require the driver or other person in charge of the vehicle to 4 move the vehicle, to a position off the roadway. 5 (b) Unattended vehicle obstructing traffic.--Any police 6 officer may remove or cause to be removed to a place of safety 7 any unattended vehicle illegally left standing upon any highway, 8 bridge, causeway or in any tunnel, in such position or under 9 such circumstances as to obstruct the normal movement of 10 traffic. 11 (c) Removal to garage or place of safety.--Any police 12 officer may remove or cause to be removed to a nearby garage or 13 other place of safety any vehicle found upon a highway under any 14 of the following circumstances: 15 (1) Report has been made that the vehicle has been 16 stolen or taken without the consent of its owner. 17 (2) The person or persons in charge of the vehicle are 18 physically unable to provide for the custody or removal of 19 the vehicle. 20 (3) The person driving or in control of the vehicle is 21 arrested for an alleged offense for which the officer is 22 required by law to take the person arrested before an issuing 23 authority without unnecessary delay. 24 (4) The vehicle is in violation of section 3353 25 (relating to prohibitions in specified places) except for 26 overtime parking. 27 (5) The vehicle has been abandoned as defined in this 28 title. The officer shall comply with the provisions of 29 subsection (d) and Chapter 73 (relating to abandoned vehicles 30 and cargos). 19750H1817B3002 - 189 -
1 (d) Notice to owner prior to removal.-- 2 (1) Prior to removal of an abandoned vehicle bearing a 3 registration plate by which the last registered owner of the 4 vehicle can be determined, notice shall be sent by certified 5 mail to the last registered owner of the vehicle informing 6 the owner that unless the vehicle is moved to a suitable 7 location within five days of the date notice is mailed, the 8 vehicle will be removed under this section and held at a 9 suitable facility where it may be reclaimed by the owner in 10 accordance with the provisions of section 7306 (relating to 11 payment of costs upon reclaiming vehicle). If the abandoned 12 motor vehicle does not bear an identifiable registration 13 plate, the notice may be secured to the vehicle. 14 (2) If, within the five-day period, the owner so 15 requests, the owner shall be given an opportunity to explain 16 to the police officer or department why the owner believes 17 the vehicle should not be moved. If the police officer or 18 department determines that the vehicle shall, nonetheless, be 19 moved, the owner shall be given an additional 48 hours to 20 move the vehicle or have it moved. 21 (3) The provision for notice set forth in this 22 subsection is in addition to any other notice requirements 23 provided in Chapter 73. 24 § 3353. Prohibitions in specified places. 25 (a) General rule.--Except when necessary to avoid conflict 26 with other traffic or to protect the safety of any person or 27 vehicle or in compliance with law or the directions of a police 28 officer or official traffic-control device, no person shall: 29 (1) Stop, stand or park a vehicle: 30 (i) On the roadway side of any vehicle stopped or 19750H1817B3002 - 190 -
1 parked at the edge or curb of a street. 2 (ii) On a sidewalk. 3 (iii) Within an intersection. 4 (iv) On a crosswalk. 5 (v) Between a safety zone and the adjacent curb 6 within 30 feet of points on the curb immediately opposite 7 the ends of a safety zone, unless a different length is 8 indicated by official traffic-control devices. 9 (vi) Alongside or opposite any street excavation or 10 obstruction when stopping, standing or parking would 11 obstruct traffic. 12 (vii) Upon any bridge or other elevated structure 13 upon a highway or within a highway tunnel. 14 (viii) On any railroad tracks. 15 (ix) In the area between roadways of a divided 16 highway, including crossovers. 17 (x) At any place where official signs prohibit 18 stopping. 19 (2) Stand or park a vehicle: 20 (i) In front of a public or private driveway. 21 (ii) Within 15 feet of a fire hydrant. 22 (iii) Within 20 feet of a crosswalk at an 23 intersection. 24 (iv) Within 30 feet upon the approach to any 25 flashing signal, stop sign, yield sign or traffic-control 26 signal located at the site of a roadway. 27 (v) Within 20 feet of the driveway entrance to any 28 fire station or, when properly sign posted, on the side 29 of a street opposite the entrance to any fire station 30 within 75 feet of the entrance. 19750H1817B3002 - 191 -
1 (vi) Where the vehicle would prevent the free 2 movement of a streetcar. 3 (vii) On a limited-access highway unless authorized 4 by official traffic-control devices. 5 (viii) At any place where official signs prohibit 6 standing. 7 (3) Park a vehicle: 8 (i) Within 50 feet of the nearest rail of a railroad 9 crossing. 10 (ii) At any place where official signs prohibit 11 parking. 12 (b) Unattended vehicle on private property.--No person shall 13 park or leave unattended a vehicle on private property without 14 the consent of the owner or other person in control or 15 possession of the property except in the case of emergency or 16 disablement of the vehicle, in which case the operator shall 17 arrange for the removal of the vehicle as soon as possible. 18 (c) Property owner may remove vehicle.--The owner or other 19 person in charge or possession of any property on which a 20 vehicle is parked or left unattended in violation of the 21 provisions of subsection (b) may remove or have removed the 22 vehicle at the reasonable expense of the owner of the vehicle. 23 (d) Restrictions by appropriate authorities.--The department 24 on State-designated highways and local authorities on any 25 highway within their boundaries may by erection of official 26 traffic-control devices prohibit, limit or restrict stopping, 27 standing or parking of vehicles on any highway where engineering 28 and traffic studies indicate that stopping, standing or parking 29 is dangerous to those using the highway or where the stopping, 30 standing or parking of vehicles would unduly interfere with the 19750H1817B3002 - 192 -
1 free movement of traffic. 2 (e) Penalty.--Any person violating any provision of this 3 section is guilty of a summary offense and shall, upon 4 conviction, be sentenced to pay a fine not less than $5 nor more <-- 5 than $25 OF $15. <-- 6 § 3354. Additional parking regulations. 7 (a) Two-way highways.--Except as otherwise provided in this 8 section, every vehicle standing or parked upon a two-way highway 9 shall be positioned parallel to and with the right-hand wheels 10 within 12 inches of the right-hand curb or, in the absence of a 11 curb, as close as practicable to the right edge of the right- 12 hand shoulder. 13 (b) One-way highways.--Except as otherwise provided in this 14 section, every vehicle standing or parked upon a one-way highway 15 shall be positioned parallel to the curb or edge of the highway 16 in the direction of authorized traffic movement with its right- 17 hand wheels within 12 inches of the right-hand curb or, in the 18 absence of a curb, as close as practicable to the right edge of 19 the right-hand shoulder, or with its left-hand wheels within 12 20 inches of the left-hand curb or, in the absence of a curb, as 21 close as practicable to the left edge of the left-hand shoulder. 22 (c) Angle parking.--Local authorities may permit angle 23 parking on any highway after an engineering and traffic study 24 has determined that the highway is of sufficient width to permit 25 angle parking without interfering with the free movement of 26 traffic, except that on a State-designated highway prior 27 approval of the department shall also be obtained. 28 (d) Vehicles with handicapped registration plates.--When a 29 motor vehicle bearing registration plates issued to handicapped 30 persons or disabled veterans as prescribed in this title is 19750H1817B3002 - 193 -
1 being operated by or for the transportation of the handicapped 2 person or disabled veteran, the driver shall be relieved of any 3 liability for parking for a period of 60 minutes in excess of 4 the legal parking period permitted by local authorities except 5 where local ordinances or police regulations provide for the 6 accommodation of heavy traffic during morning, afternoon or 7 evening hours. 8 (e) Penalty.--Any person violating subsection (a) or (b) is 9 guilty of a summary offense and shall, upon conviction, be 10 sentenced to pay a fine of not less than $5 nor more than $25 <-- 11 $15. 12 SUBCHAPTER F 13 SPEED RESTRICTIONS 14 Sec. 15 3361. Driving vehicle at safe speed. 16 3362. Maximum speed limits. 17 3363. Alteration of maximum limits by department. <-- 18 3364. Minimum speed regulation. 19 3365. Special speed limitations. 20 3366. Charging speed violations. 21 3367. Racing on highways. 22 3368. Speed timing devices. 23 § 3361. Driving vehicle at safe speed. 24 No person shall drive a vehicle at a speed greater than is 25 reasonable and prudent under the conditions and having regard to 26 the actual and potential hazards then existing, nor at a speed 27 greater than will permit the driver to bring his vehicle to a 28 stop within the assured clear distance ahead. Consistent with 29 the foregoing, every person shall drive at a safe and 30 appropriate speed when approaching and crossing an intersection 19750H1817B3002 - 194 -
1 or railroad grade crossing, when approaching and going around a 2 curve, when approaching a hill crest, when traveling upon any 3 narrow or winding roadway and when special hazards exist with 4 respect to pedestrians or other traffic or by reason of weather 5 or highway conditions. 6 § 3362. Maximum speed limits. 7 (a) General rule.--Except when a special hazard exists that 8 requires lower speed for compliance with section 3361 (relating 9 to driving vehicle at safe speed), the limits specified in this 10 subsection or established under this subchapter shall be maximum 11 lawful speeds and no person shall drive a vehicle at a speed in 12 excess of the following maximum limits: 13 (1) 35 miles per hour in any urban district. 14 (2) 55 miles per hour in other locations. 15 (3) Any other maximum speed limit established under this 16 subchapter. 17 (b) Posting of speed limit.--No maximum speed limit 18 established under subsection (a)(1) or (3) shall be effective 19 unless posted on fixed or variable official traffic-control 20 devices erected at intervals of no more than two-tenths of a 21 mile AND UNLESS THE BEGINNING AND END OF THE ZONE COVERED BY <-- 22 SUCH SPEED LIMIT ARE SO INDICATED BY SPECIAL SIGNS APPROPRIATELY 23 PLACED. 24 (c) Penalty.--Any person violating this section is guilty of 25 a summary offense and shall, upon conviction, be sentenced to 26 pay a fine of $35. Any person exceeding the maximum speed limit 27 by more than five miles per hour shall pay an additional fine of 28 $2 per mile for each mile in excess of five miles per hour over 29 the maximum speed limit. 30 § 3363. Alteration of maximum limits. 19750H1817B3002 - 195 -
1 The department or local authorities on highways under their 2 respective jurisdictions, upon the basis of an engineering and 3 traffic investigation, may determine that the maximum speed 4 permitted under this subchapter is greater OR less than is <-- 5 reasonable and safe under the conditions found to exist upon any 6 such highway or part thereof and declare ESTABLISH a reasonable <-- 7 and safe maximum limit. The maximum speed limit may be declared <-- 8 to be MADE effective at all times or at times indicated and may <-- 9 vary for different weather conditions and other factors bearing 10 on safe speeds. No maximum speed greater than 55 miles per hour 11 shall be established under this section. 12 § 3364. Minimum speed regulation. 13 (a) Impeding movement of traffic prohibited.--Except when 14 reduced speed is necessary for safe operation or in compliance 15 with law, no person shall drive a motor vehicle at such a slow 16 speed as to impede the normal and reasonable movement of 17 traffic. 18 (b) Slow moving vehicle to drive off roadway.--Except when 19 reduced speed is necessary for safe operation or in compliance 20 with law, whenever any person drives a motor vehicle or animal- 21 drawn vehicle upon a roadway having width for not more than one 22 lane of traffic in each direction at less than the maximum 23 posted speed and at such a slow speed as to impede the normal 24 and reasonable movement of traffic, the driver shall, at the 25 first opportunity when and where it is reasonable and safe to do 26 so and after giving appropriate signal, drive completely off the 27 roadway and onto the berm or shoulder of the highway. The driver 28 may return to the roadway after giving appropriate signal only 29 when the movement can be made in safety and so as not to impede 30 the normal and reasonable movement of traffic. 19750H1817B3002 - 196 -
1 (c) Establishment of minimum speed limits.--At any other 2 time when the department or local authorities under their 3 respective jurisdictions determine on the basis of an 4 engineering and traffic investigation that slow speeds on any 5 highway or part of a highway impede the normal and reasonable 6 movement of traffic, the department or such local authority may 7 determine and declare a minimum speed limit below which no 8 person shall drive a vehicle except when necessary for safe 9 operation or in compliance with law. The minimum limit shall be 10 effective when posted upon appropriate fixed or variable signs. 11 § 3365. Special speed limitations. 12 (a) Bridges and elevated structures.-- 13 (1) No person shall drive a vehicle over any bridge or 14 other elevated structure constituting a part of a highway at 15 a speed which is greater than the maximum speed which can be 16 maintained with safety to the bridge or structure when the 17 structure is posted with signs as provided in this 18 subsection. 19 (2) The department and local authorities on highways 20 under their respective jurisdictions may conduct a traffic 21 and engineering investigation of any bridge or other elevated 22 structure constituting a part of a highway, and if it shall 23 thereupon find that the structure cannot safely withstand 24 vehicles traveling at the speed otherwise permissible under 25 this title, the department or local authority shall determine 26 and declare the maximum speed of vehicles which the structure 27 can safely withstand, and shall cause or permit official 28 traffic-control devices stating the maximum speed to be 29 erected and maintained before each end of the structure. 30 (3) Upon the trial of any person charged with a 19750H1817B3002 - 197 -
1 violation of this subsection, proof of the determination of 2 the maximum speed by the department and the existence of the 3 signs shall constitute conclusive evidence of the maximum 4 speed which can be maintained with safety to the bridge or 5 structure. 6 (b) School zones.--When passing a school zone as defined and 7 established under regulations of the department, no person shall 8 drive a vehicle at a speed greater than that established for the 9 particular school zone. An official traffic-control device shall 10 indicate the beginning and end of each school zone to traffic 11 approaching in each direction. Establishment of a school zone, 12 including its location, hours of operation and speed limit, 13 shall be approved by the department. 14 (c) Hazardous grades.--The department and local authorities 15 on highways under their respective jurisdictions may conduct 16 traffic and engineering investigations on grades which are 17 considered hazardous. If the grade is determined to be 18 hazardous, vehicles having a gross weight of 24,000 pounds or 19 more may be further limited as to maximum speed and may be 20 required to stop before proceeding downhill. The restrictions 21 shall be indicated by official traffic-control devices erected 22 and maintained according to regulations established by the 23 department. 24 (d) Penalty.--Any person violating any provision of this 25 section is guilty of a summary offense and shall, upon 26 conviction, be sentenced to pay a fine of $35. Any person 27 exceeding a maximum speed limit established under this section 28 by more than five miles per hour shall pay an additional fine of 29 $2 per mile for each mile in excess of five miles per hour in 30 excess of the maximum speed limit. 19750H1817B3002 - 198 -
1 § 3366. Charging speed violations. 2 In every charge of violation of a speed provision in this 3 subchapter, except for a violation of section 3361 (relating to 4 driving vehicle at safe speed), the citation or complaint shall 5 specify the speed at which the defendant is alleged to have 6 driven and the applicable speed limit. 7 § 3367. Racing on highways. 8 (a) Definitions.--As used in this section the following 9 words and phrases shall have the meanings given to them in this 10 subsection: 11 "Drag race." The operation of two or more vehicles from a 12 point side by side at accelerating speeds in a competitive 13 attempt to outdistance each other, or the operation of one or 14 more vehicles over a common selected course, from the same point 15 to the same point, for the purpose of comparing the relative 16 speeds or power of acceleration of the vehicle or vehicles 17 within a certain distance or time limit. 18 "Race." The use of one or more vehicles in an attempt to 19 outgain, outdistance or prevent another vehicle from passing, to 20 arrive at a given destination ahead of another vehicle or 21 vehicles, or to test the physical stamina or endurance of 22 drivers over long distance driving routes. 23 (b) General rule.--No person shall drive a vehicle on a 24 highway in any race, speed competition or contest, drag race or 25 acceleration contest, test of physical endurance, exhibition of 26 speed or acceleration, or for the purpose of making a speed 27 record, and no person shall in any manner participate in any 28 such race, competition, contest, test or exhibition. 29 (c) Permits for special activities.--The department or local 30 authorities within their jurisdiction may issue permits for 19750H1817B3002 - 199 -
1 special activities which would otherwise be prohibited by this 2 section. 3 (d) Penalty.--Any person violating this section is guilty of 4 a summary offense and shall, upon conviction, be sentenced to 5 pay a fine of $200. 6 § 3368. Speed timing devices. 7 (a) Speedometers authorized.--The rate of speed of any 8 vehicle may be timed on any highway by a police officer using a 9 motor vehicle equipped with a speedometer. In ascertaining the 10 speed of a vehicle by the use of a speedometer, the speed shall 11 be timed for a distance of not less than three-tenths of a mile. 12 (b) Testing of speedometers.--The department may appoint 13 stations for testing speedometers and may prescribe regulations 14 as to the manner in which the test shall be made. Speedometers 15 shall have been tested for accuracy within a period of 60 days 16 prior to the alleged violation. A certificate from the station 17 showing that the test was made, the date of the test and the 18 degree of accuracy of the speedometer shall be competent and 19 prima facie evidence of those facts in every proceeding in which 20 a violation of this title is charged. 21 (c) Mechanical or electrical devices authorized.--The rate 22 of speed of any vehicle may be timed by the use of mechanical or 23 electrical speed timing devices, including radio-microwave 24 devices (commonly referred to as electronic speed meters or 25 radar), on any highway by officers of the Pennsylvania State 26 Police. NO POLICE FORCE OF A MUNICIPALITY OR COUNTY OPERATING <-- 27 UNDER A HOME RULE CHARTER SHALL USE MECHANICAL OR ELECTRICAL 28 TIMING DEVICES UNLESS SPECIFICALLY AUTHORIZED TO DO SO BY 29 PROVISIONS OF THIS TITLE. NO CONVICTION SHALL BE HAD UPON 30 EVIDENCE OBTAINED THROUGH THE USE OF SUCH DEVICES UNLESS THE 19750H1817B3002 - 200 -
1 SPEED RECORDED IS SIX OR MORE MILES PER HOUR IN EXCESS OF THE 2 LEGAL SPEED LIMIT. All new units purchased after the effective 3 date of this title including those purchased for the 4 Pennsylvania State Police shall have printed output. THE <-- 5 PRINTOUT OR A COPY THEREOF PRODUCED BY ALL SUCH NEW UNITS MUST 6 BE MADE AVAILABLE TO ANY DEFENDANT WHO REQUESTS SUCH PRINTOUT. 7 THE PRINTOUT SHALL INCLUDE THE TIME AND DATE OF THE ALLEGED 8 VIOLATION. 9 (d) Approval and testing of mechanical or electrical 10 devices.--All mechanical or electrical devices shall be of a 11 type approved by the department, which shall appoint stations 12 for calibrating and testing the devices and may prescribe 13 regulations as to the manner in which calibrations and tests 14 shall be made. The devices shall have been tested for accuracy 15 within a period of 60 days prior to the alleged violation. A 16 certificate from the station showing that the calibration and 17 test were made within the required period, and that the device 18 was accurate, shall be competent and prima facie evidence of 19 those facts in every proceeding in which a violation of this 20 title is charged. 21 CHAPTER 35 22 SPECIAL VEHICLES AND PEDESTRIANS 23 Subchapter 24 A. Operation of Bicycles 25 B. Special Rules for Motorcycles 26 C. Rights and Duties of Pedestrians 27 SUBCHAPTER A 28 OPERATION OF BICYCLES 29 Sec. 30 3501. Applicability of traffic laws to bicycles. 19750H1817B3002 - 201 -
1 3502. Penalty for violation of subchapter. 2 3503. Responsibility of parent or guardian. 3 3504. Riding on bicycles. 4 3505. Riding on roadways and bicycle paths. 5 3506. Articles carried by operator. 6 3507. Lamps and other equipment on bicycles. 7 3508. Bicycles on sidewalks and bicycle paths. 8 § 3501. Applicability of traffic laws to bicycles. 9 (a) General rule.--Every person riding a bicycle upon a 10 roadway shall be granted all of the rights and shall be subject 11 to all of the duties applicable to the driver of a vehicle by 12 this title, except as to special provisions in this subchapter 13 and except as to those provisions of this title which by their 14 nature can have no application. 15 (b) Application of subchapter.--The provisions of this 16 subchapter apply whenever a bicycle is operated upon any highway 17 or upon any path set aside for the exclusive use of bicycles 18 subject to the exceptions stated in subsection (a). 19 § 3502. Penalty for violation of subchapter. 20 Any person violating any provision of this subchapter is 21 guilty of a summary offense and shall, upon conviction, be 22 sentenced to pay a fine of $10. 23 § 3503. Responsibility of parent or guardian. 24 The parent of any child and the guardian of any ward shall 25 not authorize or knowingly permit the child or ward to violate 26 any of the provisions of this title relating to the operation of 27 bicycles. 28 § 3504. Riding on bicycles. 29 (a) Use of seat by operator.--A person propelling a bicycle 30 shall not ride other than upon or astride a permanent and 19750H1817B3002 - 202 -
1 regular seat attached to the bicycle. 2 (b) Number of riders.--No bicycle shall be used to carry 3 more persons at one time than the number for which the bicycle 4 is designed and equipped. 5 § 3505. Riding on roadways and bicycle paths. 6 (a) General rule.--Except as provided in subsection (b), 7 every person operating a bicycle upon a roadway shall ride as 8 near to the right side of the roadway as practicable, exercising 9 due care when passing a standing vehicle or one proceeding in 10 the same direction. 11 (b) One-way highways.--Any person operating a bicycle upon a 12 roadway of a highway, which highway carries traffic in one 13 direction only and has two or more marked traffic lanes, may 14 ride as near the left-hand curb or edge of the roadway as 15 practicable, exercising due care when passing a standing vehicle 16 or one proceeding in the same direction. 17 (c) Limitation on riding abreast.--Persons riding bicycles 18 upon a roadway shall not ride more than two abreast except on 19 paths or parts of roadways set aside for the exclusive use of 20 bicycles. 21 (d) Use of available bicycle paths.--Whenever a lane or path 22 for bicycles has been provided as part of a highway, bicycle 23 riders shall use the lane or path and shall not use any other 24 part of the highway. This subsection does not apply when use of 25 the bicycle lane or path is not possible, safe or reasonable. 26 § 3506. Articles carried by operator. 27 No person operating a bicycle shall carry any package, bundle 28 or article which prevents the driver from keeping at least one 29 hand upon the handlebars. 30 § 3507. Lamps and other equipment on bicycles. 19750H1817B3002 - 203 -
1 (a) Lamps and reflectors.--Every bicycle when in use between 2 sunset and sunrise shall be equipped on the front with a lamp 3 which emits a white light visible from a distance of at least 4 500 feet to the front and with a red reflector on the rear of a 5 type approved by the department which shall be visible from all 6 distances from 100 feet to 600 feet to the rear and with an 7 amber reflector on each side. A lamp emitting a red light 8 visible from a distance of 500 feet to the rear may be used in 9 addition to the red reflector. A lamp worn by the operator of a 10 bicycle shall comply with the requirements of this subsection if 11 the lamp can be seen at the distances specified. All lamps and 12 reflectors shall be of a type approved by the department. 13 (b) Audible signal devices.--A bicycle may be equipped with 14 a device capable of giving a signal audible for a distance of at 15 least 100 feet except that a bicycle shall not be equipped with 16 nor shall any person use upon a bicycle any siren. 17 (c) Brakes.--Every bicycle shall be equipped with a braking 18 system which will stop the bicycle in 15 feet from an initial 19 speed of 15 miles per hour on a dry, level and clean pavement. 20 § 3508. Bicycles on sidewalks and bicycle paths. 21 (a) Right-of-way to pedestrians.--A person riding a bicycle 22 upon a sidewalk or bicycle path used by pedestrians shall yield 23 the right-of-way to any pedestrian and shall give an audible 24 signal before overtaking and passing a pedestrian. 25 (b) Business districts.--A person shall not ride a bicycle 26 upon a sidewalk in a business district unless permitted by 27 official traffic-control devices, nor when a usable bicycle-only 28 lane has been provided adjacent to the sidewalk. 29 SUBCHAPTER B 30 SPECIAL RULES FOR MOTORCYCLES 19750H1817B3002 - 204 -
1 Sec. 2 3521. Applicability of traffic laws to motorcycles. 3 3522. Riding on motorcycles. 4 3523. Operating motorcycles on roadways laned for traffic. 5 3524. Footrests and handlebars. 6 3525. Protective equipment for motorcycle riders. 7 § 3521. Applicability of traffic laws to motorcycles. 8 Every person operating a motorcycle shall be granted all of 9 the rights and shall be subject to all of the duties applicable 10 to the driver of any other vehicle under this title, except as 11 to special provisions in this subchapter and except as to those 12 provisions of this title which by their nature can have no 13 application. 14 § 3522. Riding on motorcycles. 15 (a) Use of seat by operator and passengers.--A person 16 operating a motorcycle shall ride only upon the permanent and 17 regular seat attached to the motorcycle, and the operator shall 18 not carry any other person nor shall any other person ride on a 19 motorcycle unless the motorcycle is designed to carry more than 20 one person, in which event a passenger may ride upon the 21 permanent and regular seat if designed for two persons, or upon 22 another seat firmly attached to the motorcycle at the rear or 23 side of the operator. In no event shall a passenger sit in front 24 of the operator of the motorcycle. 25 (b) Method of seating.--Unless in a sidecar, a person shall 26 ride upon a motorcycle only while sitting astride the seat, 27 facing forward, with one leg on each side of the motorcycle. 28 (c) Articles carried by operator.--No person shall operate a 29 motorcycle while carrying any package, bundle or other article 30 which prevents him from keeping both hands on the handlebars. 19750H1817B3002 - 205 -
1 (d) Interference with operation.--No operator shall carry 2 any person, nor shall any person ride, in a position that will 3 interfere with the operation or control of the motorcycle or the 4 view of the operator. 5 § 3523. Operating motorcycles on roadways laned for traffic. 6 (a) Right to use of lane.--All motorcycles are entitled to 7 full use of a lane and no motor vehicle shall be driven in such 8 a manner as to deprive any motorcycle of the full use of a lane. 9 (b) Overtaking and passing.--The operator of a motorcycle 10 shall not overtake and pass in the same lane occupied by the 11 vehicle being overtaken. 12 (c) Operation between lanes or vehicles.--No person shall 13 operate a motorcycle between lanes of traffic or between 14 adjacent lines or rows of vehicles. 15 (d) Limitation on operating abreast.--Motorcycles shall not 16 be operated more than two abreast in a single lane. 17 (e) Limited access highways.--No motorized bicycle shall be 18 operated on any limited access highway. 19 (f) Exception for police officers.--Subsections (b) and (c) 20 do not apply to police officers in the performance of their 21 official duties. 22 § 3524. Footrests and handlebars. 23 (a) Passengers.--Any motorcycle carrying a passenger, other 24 than in a sidecar or enclosed cab, shall be equipped with 25 footrests and handhold for the passenger. 26 (b) Height of handlebars.--No person shall operate any 27 motorcycle with handlebars above shoulder-height of the operator 28 while properly seated upon the motorcycle. 29 § 3525. Protective equipment for motorcycle riders. 30 (a) Protective headgear.--No person shall operate or ride 19750H1817B3002 - 206 -
1 upon a motorcycle or a motor-driven cycle (other than a 2 motorized bicycle) unless he is wearing protective headgear 3 which complies with standards established by the department. 4 (b) Eye-protective devices.--No person shall operate or ride 5 upon a motorcycle unless he is wearing an eye-protective device 6 of a type approved by the department. 7 (c) Approval of equipment.--The department may approve or 8 disapprove protective headgear and eye-protective devices 9 required under this section and may issue and enforce 10 regulations establishing standards and specifications for the 11 approval of the headgear and devices. The department shall 12 publish lists of all protective headgear and eye-protective 13 devices by name and type which have been approved. 14 SUBCHAPTER C 15 RIGHTS AND DUTIES OF PEDESTRIANS 16 Sec. 17 3541. Obedience of pedestrians to traffic-control devices and 18 regulations. 19 3542. Right-of-way of pedestrians in crosswalks. 20 3543. Pedestrians crossing at other than crosswalks. 21 3544. Pedestrians walking along or on highway. 22 3545. Pedestrians soliciting rides or business. 23 3546. Driving through or around safety zone. 24 3547. Right-of-way of pedestrians on sidewalks. 25 3548. Pedestrians to yield to authorized emergency vehicles. 26 3549. Blind pedestrians. 27 3550. Pedestrians under influence of alcohol or controlled 28 substance. 29 3551. Compliance with bridge and railroad warning signals. 30 3552. Penalty for violation of subchapter. 19750H1817B3002 - 207 -
1 § 3541. Obedience of pedestrians to traffic-control devices and 2 regulations. 3 (a) Traffic-control devices.--A pedestrian shall obey the 4 instructions OF A police officer or other appropriately attired <-- 5 person authorized to direct, control or regulate traffic. 6 (b) Traffic and pedestrian-control signals.--A local <-- 7 authority LOCAL AUTHORITIES by ordinance may require pedestrians <-- 8 to obey traffic and pedestrian-control signals as provided in 9 sections 3112 (relating to traffic-control signals) and 3113 10 (relating to pedestrian-control signals). 11 § 3542. Right-of-way of pedestrians in crosswalks. 12 (a) General rule.--When traffic-control signals are not in 13 place or not in operation, the driver of a vehicle shall yield 14 the right-of-way to a pedestrian crossing the roadway within any 15 marked crosswalk or within any unmarked crosswalk at an 16 intersection. 17 (b) Exercise of care by pedestrian.--No pedestrian shall 18 suddenly leave a curb or other place of safety and walk or run 19 into the path of a vehicle which is so close as to constitute a 20 hazard. 21 (c) Limitation on vehicles passing.--Whenever any vehicle is 22 stopped at any crosswalk at an intersection or at any marked 23 crosswalk to permit a pedestrian to cross the roadway, the 24 driver of any other vehicle approaching from the rear shall not 25 overtake and pass the stopped vehicle. 26 (d) Application of section.--Subsection (a) does not apply 27 under the conditions stated in section 3543(b) (relating to 28 pedestrians crossing at other than crosswalks). 29 § 3543. Pedestrians crossing at other than crosswalks. 30 (a) General rule.--Every pedestrian crossing a roadway at 19750H1817B3002 - 208 -
1 any point other than within a crosswalk at an intersection or 2 any marked crosswalk shall yield the right-of-way to all 3 vehicles upon the roadway. 4 (b) At pedestrian tunnel or overhead crossing.--Any 5 pedestrian crossing a roadway at a point where a pedestrian 6 tunnel or overhead pedestrian crossing has been provided shall 7 yield the right-of-way to all vehicles upon the roadway. 8 (c) Between controlled intersections in urban district.-- 9 Between adjacent intersections in urban districts at which 10 traffic-control signals are in operation pedestrians shall not 11 cross at any place except in a marked crosswalk. 12 (d) Crossing intersection diagonally.--No pedestrian shall 13 cross a roadway intersection diagonally unless authorized by 14 official traffic-control devices or at the direction of a police 15 officer or other appropriately attired person authorized to 16 direct, control or regulate traffic. When authorized to cross 17 diagonally, pedestrians shall cross only in accordance with the 18 signal pertaining to the crossing movements. 19 § 3544. Pedestrians walking along or on highway. 20 (a) Mandatory use of available sidewalk.--Where a sidewalk 21 is provided and its use is practicable, it is unlawful for any 22 pedestrian to walk along and upon an adjacent roadway. 23 (b) Absence of sidewalk.--Where a sidewalk is not available, 24 any pedestrian walking along and upon a highway shall walk only 25 on a shoulder as far as practicable from the edge of the 26 roadway. 27 (c) Absence of sidewalk and shoulder.--Where neither a 28 sidewalk nor a shoulder is available, any pedestrian walking 29 along and upon a highway shall walk as near as practicable to an 30 outside edge of the roadway and, if on a two-way roadway, shall 19750H1817B3002 - 209 -
1 walk only on the left side of the roadway. 2 (d) Right-of-way to vehicles.--Except as otherwise provided 3 in this subchapter, any pedestrian upon a roadway shall yield 4 the right-of-way to all vehicles upon the roadway. 5 § 3545. Pedestrians soliciting rides or business. 6 No person shall: 7 (1) Stand on a roadway for the purpose of soliciting a 8 ride. 9 (2) Stand on a roadway for the purpose of soliciting 10 employment, business or contributions from the occupant of 11 any vehicle. 12 (3) Stand on or in proximity to a highway for the 13 purpose of soliciting the watching or guarding of any vehicle 14 while parked or about to be parked on a street or highway. 15 § 3546. Driving through or around safety zone. 16 (a) Through zones.--No vehicle shall at any time be driven 17 through or within a safety zone. 18 (b) Around zones.--Traffic may move on either side of a 19 safety zone unless prohibited from driving to the left of the 20 zone by the installation of an official traffic-control device 21 as provided in this title. 22 § 3547. Right-of-way of pedestrians on sidewalks. 23 The driver of a vehicle emerging from or entering an alley, 24 building, private road or driveway shall yield the right-of-way 25 to any pedestrian approaching on any sidewalk extending across 26 the alley, building entrance, road or driveway. 27 § 3548. Pedestrians to yield to authorized emergency vehicles. 28 (a) General rule.--Upon the immediate approach of an 29 authorized emergency vehicle making use of audible and visual 30 signals meeting the requirements of this title, or of a police 19750H1817B3002 - 210 -
1 vehicle properly and lawfully making use of an audible signal 2 only, every pedestrian shall yield the right-of-way to the 3 authorized emergency vehicle. 4 (b) Exercise of care by driver.--This section does not 5 relieve the driver of an authorized emergency vehicle from the 6 duty to drive with due regard for the safety of all persons 7 using the highway nor from the duty to exercise due care to 8 avoid colliding with any pedestrian. 9 § 3549. Blind pedestrians. 10 (a) General rule.--The driver of a vehicle shall yield the 11 right-of-way to any totally or partially blind pedestrian 12 carrying a clearly visible white cane or accompanied by a guide 13 dog and shall take such precautions as may be necessary to avoid 14 injuring or endangering the pedestrian and, if necessary, shall 15 stop the vehicle in order to prevent injury or danger to the 16 pedestrian. 17 (b) Effect of absence of cane or dog.--This section shall 18 not be construed to deprive a totally or partially blind 19 pedestrian not carrying a cane or not being guided by a dog of 20 the rights and privileges conferred by law upon pedestrians 21 crossing streets or highways, nor shall the failure of a totally 22 or partially blind pedestrian to carry a cane or to be guided by 23 a guide dog upon the streets, highways or sidewalks of this 24 Commonwealth be held to constitute contributory negligence in 25 and of itself. 26 § 3550. Pedestrians under influence of alcohol or controlled 27 substance. 28 A pedestrian who is under the influence of alcohol or any 29 controlled substance to a degree which renders the pedestrian a 30 hazard shall not walk or be upon a highway except on a sidewalk. 19750H1817B3002 - 211 -
1 § 3551. Compliance with bridge and railroad warning signals. 2 (a) Bridges.--No pedestrian shall enter or remain upon any 3 bridge or approach to any bridge beyond the bridge signal, gate 4 or barrier after a bridge operation signal indication has been 5 given. 6 (b) Railroad crossings.--No pedestrian shall pass through, 7 around, over or under any crossing gate or barrier at a railroad 8 grade crossing or bridge while the gate or barrier is closed or 9 is being opened or closed. 10 § 3552. Penalty for violation of subchapter. 11 Any pedestrian violating any provision of this subchapter is 12 guilty of a summary offense and shall, upon conviction, be 13 sentenced to pay a fine of $5. 14 CHAPTER 37 15 MISCELLANEOUS PROVISIONS 16 Subchapter 17 A. Offenses in General 18 B. Serious Traffic Offenses 19 C. Accidents and Accident Reports 20 SUBCHAPTER A 21 OFFENSES IN GENERAL 22 Sec. 23 3701. Unattended motor vehicle. 24 3702. Limitations on backing. 25 3703. Driving upon sidewalk. 26 3704. Obstruction to driving view or mechanism. 27 3705. Opening and closing vehicle doors. 28 3706. Riding in house trailers, mobile homes or boats on 29 trailers. 30 3707. Driving or stopping close to fire apparatus. 19750H1817B3002 - 212 -
1 3708. Unauthorized driving over fire hose. 2 3709. Depositing waste and other material on highway. 3 3710. Stopping at intersection or crossing to prevent 4 obstruction. 5 3711. Careless driving. <-- 6 3712. 3711. Unauthorized persons and devices hanging on <-- 7 vehicles. 8 3713. 3712. Abandonment and stripping of vehicles. <-- 9 3714. 3713. Railroad trains not to block crossings. <-- 10 § 3701. Unattended motor vehicle. 11 (a) General rule.--No person driving or in charge of a motor 12 vehicle shall permit the vehicle to stand unattended without 13 placing the gear shift lever in a position which under the 14 circumstances impedes the movement of the vehicle, stopping the 15 engine, locking the ignition, removing the key from the ignition 16 and, when standing upon any grade, turning the front wheels to 17 the curb or side of the highway and effectively setting the 18 brake. 19 (b) Penalty.--Any person violating this section is guilty of 20 a summary offense and shall, upon conviction, be sentenced to 21 pay a fine of $5. 22 § 3702. Limitations on backing. 23 (a) General rule.--No driver shall back a vehicle unless the 24 movement can be made with safety and without interfering with 25 other traffic and then only after yielding the right-of-way to 26 moving traffic and pedestrians. 27 (b) Limited-access highways.--No driver shall back a vehicle 28 upon any shoulder or roadway of any limited-access highway. 29 § 3703. Driving upon sidewalk. 30 No person shall drive any vehicle upon a sidewalk or sidewalk 19750H1817B3002 - 213 -
1 area except upon a permanent or duly authorized temporary 2 driveway. 3 § 3704. Obstruction to driving view or mechanism. 4 No person shall drive a vehicle when it is so loaded, or when 5 there are in the front seat such a number of persons, exceeding 6 three, as to obstruct the view of the driver to the front or 7 sides of the vehicle or as to interfere with the driver's 8 control over the driving mechanism of the vehicle or whenever 9 any person in the front seat is not seated. 10 § 3705. Opening and closing vehicle doors. 11 No person shall open any door on a motor vehicle unless and 12 until it is reasonably safe to do so and can be done without 13 interfering with the movement of other traffic, nor shall any 14 person leave a door open on a side of a vehicle available to 15 moving traffic for a period of time longer than necessary to 16 load or unload passengers. 17 § 3706. Riding in house trailers, mobile homes or boats on 18 trailers. 19 (a) General rule.--No person or persons shall occupy a house 20 trailer, mobile home or boat on a trailer while it is being 21 moved upon a highway. 22 (b) Towing prohibited.--No person shall tow on a highway a 23 house trailer, mobile home or boat on a trailer occupied by a 24 passenger or passengers. 25 (C) EXCEPTION FOR CAMPER BODIES.--A CAMPER BODY WHICH RESTS <-- 26 PARTIALLY UPON ITS OWN AXLE OR AXLES AND PARTIALLY UPON THE 27 CHASSIS OR FRAME OF THE TRUCK, AND WHICH IS ATTACHED TO SUCH 28 TRUCK IN AN ARTICULATING MANNER BY MEANS OF A FIFTH WHEEL SEMI- 29 TRAILER COUPLING DEVICE ATTACHED TO THE CARRYING COMPARTMENT OF 30 THE TRUCK MAY BE OCCUPIED BY A PASSENGER OR PASSENGERS. THE 19750H1817B3002 - 214 -
1 COUPLING DEVICE SHALL BE FOR USE WITH A TWO-INCH OR LARGER 2 KINGPIN. ALL WINDOWS SHALL HAVE SAFETY GLASS APPROVED BY THE 3 DEPARTMENT AND SOME MEANS OF ELECTRONIC COMMUNICATIONS APPROVED 4 BY THE DEPARTMENT SHALL BE REQUIRED BETWEEN THE CAB OF THE TRUCK 5 AND THE CAMPER BODY. 6 § 3707. Driving or stopping close to fire apparatus. 7 The driver of any vehicle other than one on official business 8 shall not follow any fire apparatus traveling in response to a 9 fire alarm closer than 500 feet or stop the vehicle within 500 10 feet of any fire apparatus stopped in answer to a fire alarm. 11 § 3708. Unauthorized driving over fire hose. 12 No vehicle shall be driven over any unprotected hose of a 13 fire department when laid down on any highway, private road or 14 driveway, for use at any fire or alarm of fire, without the 15 consent of a fire department officer, a police officer or other 16 appropriately attired person authorized to direct, control or 17 regulate traffic at the scene. 18 § 3709. Depositing waste and other material on highway. 19 (a) General rule.--No person shall throw or deposit upon any 20 highway any waste paper, sweepings, ashes, household waste, 21 glass, metal, refuse or rubbish, or any dangerous or detrimental 22 substance. 23 (b) Removal of deposited material.--Any person who drops, or 24 permits to be dropped or thrown, upon any highway any waste 25 paper, sweepings, ashes, household waste, glass, metal, refuse 26 or rubbish, or any dangerous or detrimental substance shall 27 immediately remove the same or cause it to be removed. 28 (c) Removal of material following accident.--Any person 29 removing a wrecked, damaged or disabled vehicle from a highway 30 shall remove from the highway or neutralize any glass, oil or 19750H1817B3002 - 215 -
1 other injurious substance resulting from the accident or 2 disablement. 3 (d) Penalty.--Any person violating any of the provisions of 4 subsection (a) or (b) is guilty of a summary offense and shall, 5 upon conviction, be sentenced to pay a fine of not more than 6 $300. 7 § 3710. Stopping at intersection or crossing to prevent 8 obstruction. 9 No driver shall enter an intersection or a crosswalk or drive 10 onto any railroad grade crossing unless there is sufficient 11 space on the other side of the intersection, crosswalk or 12 railroad grade crossing to accommodate the vehicle operated 13 without obstructing the passage of other vehicles, pedestrians 14 or railroad trains notwithstanding any traffic-control signal 15 indication to proceed. 16 § 3711. Careless driving. <-- 17 Any person who drives a vehicle carelessly or without due 18 caution and circumspection in a manner so as to endanger a 19 person or property is guilty of careless driving. This section 20 shall apply throughout this Commonwealth as well as upon 21 highways. 22 § 3712. 3711. Unauthorized persons and devices hanging <-- 23 on vehicles. 24 (a) General rule.--No person shall hang onto or ride on the 25 outside or the rear end of any vehicle and no person on a 26 bicycle, motorcycle, roller skates, sled or any similar device, 27 shall hold fast to or attach the device to any moving vehicle or 28 streetcar, and no operator of a vehicle or streetcar shall 29 knowingly permit any person to hang onto or ride on the outside 30 or rear end of the vehicle or streetcar operated, or allow any 19750H1817B3002 - 216 -
1 person on a bicycle, motorcycle, roller skates, sled or any 2 similar device to hold fast or attach the device to the vehicle 3 or streetcar operated on any highway. 4 (b) Exceptions.--This section is not applicable to firemen 5 or garbage collectors or operators of fire trucks or garbage 6 trucks acting pursuant to and during the course of their duties. 7 § 3713. 3712. Abandonment and stripping of vehicles. <-- 8 (a) Abandonment on highway.--No person shall abandon a 9 vehicle upon any highway. 10 (b) Abandonment on public or private property.--No person 11 shall abandon a vehicle upon any public or private property 12 without the express or implied consent of the owner or person in 13 lawful possession or control of the property. 14 (c) Stripping abandoned vehicle.--It is unlawful for any 15 person, except the owner or his agent or as otherwise provided 16 in this title, to remove any part of an abandoned vehicle. 17 (d) Penalties.--Any person violating subsection (a) or (b) 18 is guilty of a summary offense and shall, upon conviction, be 19 sentenced to pay a fine of $50 plus all costs of disposing of 20 the vehicle under the provisions of Chapter 73 (relating to 21 abandoned vehicles and cargos). Any person violating subsection 22 (c) is guilty of a misdemeanor of the third degree and shall, 23 upon conviction, be sentenced in accordance with section 6503 24 (relating to misdemeanors). 25 § 3714. 3713. Railroad trains not to block crossings. <-- 26 No person or government agency shall operate any train in 27 such a manner as to prevent vehicular use of any roadway for a 28 period of time in excess of five consecutive minutes except 29 under any of the following circumstances: 30 (1) When necessary to comply with signals affecting the 19750H1817B3002 - 217 -
1 safety of the movement of trains. 2 (2) When necessary to avoid striking any object or 3 person on the track. 4 (3) When the train is disabled. 5 (4) When the train is in motion except while engaged in 6 switching operations. 7 (5) When there is no vehicular traffic waiting to use 8 the crossings. 9 (6) When necessary to comply with a governmental safety 10 regulation. 11 SUBCHAPTER B 12 SERIOUS TRAFFIC OFFENSES 13 Sec. 14 3731. Reckless driving. 15 3732. Driving under influence of alcohol or controlled 16 substance. 17 3733. Homicide by vehicle. 18 3734. Fleeing or attempting to elude police officer. 19 3735. Driving without lights to avoid identification or arrest. 20 § 3731. Reckless driving. 21 Any person who drives a vehicle in wilful or wanton disregard 22 for the safety of persons or property is guilty of reckless 23 driving, a summary offense, and shall, upon conviction, be 24 sentenced to pay a fine of $200. 25 § 3732. Driving under influence of alcohol or controlled 26 substance. 27 (a) Offense defined.--A person shall not drive any vehicle 28 while: 29 (1) there is 0.10% or more by weight of alcohol in his 30 blood; 19750H1817B3002 - 218 -
1 (2) under the influence of alcohol to a degree which
2 renders him incapable of safe driving;
3 (3) under the influence of any controlled substance, as
4 defined in the act of April 14, 1972 (P.L.233, No.64), known
5 as "The Controlled Substance, Drug, Device and Cosmetic Act,"
6 to a degree which renders him incapable of safe driving; or
7 (4) under the combined influence of alcohol and a
8 controlled substance to a degree which renders him incapable
9 of safe driving.
10 (b) Authorized use not a defense.--The fact that any person
11 charged with violating this section is or has been legally
12 entitled to use alcohol or controlled substances is not a
13 defense to any charge of violating this section.
14 (C) CERTAIN ARRESTS AUTHORIZED.--IN ADDITION TO ANY OTHER <--
15 POWERS OF ARREST, A POLICE OFFICER IS HEREBY AUTHORIZED TO
16 ARREST WITHOUT A WARRANT ANY PERSON WHO THE OFFICER HAS PROBABLE
17 CAUSE TO BELIEVE HAS VIOLATED THE PROVISIONS OF THIS SECTION,
18 REGARDLESS OF WHETHER OR NOT THE ALLEGED VIOLATION WAS COMMITTED
19 IN THE PRESENCE OF SUCH OFFICER.
20 (c) (D) Penalty.--Any person violating any of the provisions <--
21 of this section is guilty of a misdemeanor of the third degree
22 and shall, upon conviction, be sentenced in accordance with
23 section 6503 (relating to misdemeanors).
24 § 3733. Homicide by vehicle.
25 Any person who unintentionally causes the death of another
26 person while engaged in the violation of any law of this
27 Commonwealth or municipal ordinance applying to the operation or
28 use of a vehicle or to the regulation of traffic is guilty of
29 homicide by vehicle, a misdemeanor of the first degree, when the
30 violation is the cause of death.
19750H1817B3002 - 219 -
1 § 3734. Fleeing or attempting to elude police officer. 2 (a) Offense defined.--Any driver of a motor vehicle who 3 wilfully fails or refuses to bring his vehicle to a stop, or who 4 otherwise flees or attempts to elude a pursuing police vehicle, 5 when given visual or audible signal to bring the vehicle to a 6 stop, is guilty of a summary offense and shall, upon conviction, 7 be sentenced to pay a fine of $200. 8 (b) Signal by police officer.--The signal given by the 9 police officer may be by hand, voice, emergency lights or siren. 10 § 3735. Driving without lights to avoid identification or 11 arrest. 12 Any person who drives without lights or turns off any or all 13 the lights on a motor vehicle for the purpose of avoiding 14 identification or arrest is guilty of a summary offense and 15 shall, upon conviction, be sentenced to pay a fine of $200. 16 SUBCHAPTER C 17 ACCIDENTS AND ACCIDENT REPORTS 18 Sec. 19 3741. Application of subchapter. 20 3742. Accidents involving death or personal injury. 21 3743. Accidents involving damage to attended vehicle or 22 property. 23 3744. Duty to give information and render aid. 24 3745. Accidents involving damage to unattended vehicle or 25 property. 26 3746. Immediate notice of accident to police department. 27 3747. Written report of accident by driver or owner. 28 3748. False reports. 29 3749. Reports by coroners and medical examiners. 30 3750. Reports by garages. 19750H1817B3002 - 220 -
1 3751. Reports by police. 2 3752. Accident report forms. 3 3753. Department to tabulate and analyze accident reports. 4 § 3741. Application of subchapter. 5 The provisions of this subchapter shall apply upon highways 6 and elsewhere throughout this Commonwealth. 7 § 3742. Accidents involving death or personal injury. 8 (a) General rule.--The driver of any vehicle involved in an 9 accident resulting in injury or death of any person shall 10 immediately stop the vehicle at the scene of the accident or as 11 close thereto as possible but shall then forthwith return to and 12 in every event shall remain at the scene of the accident until 13 he has fulfilled the requirements of section 3744 (relating to 14 duty to give information and render aid). Every stop shall be 15 made without obstructing traffic more than is necessary. 16 (b) Penalty.--Any person violating this section is guilty of 17 a misdemeanor of the third degree and shall, upon conviction, be 18 sentenced to imprisonment for not more than one year or to pay a 19 fine of not less than $200 nor more than $1,000, or both. 20 § 3743. Accidents involving damage to attended vehicle 21 or property. 22 (a) General rule.--The driver of any vehicle involved in an 23 accident resulting only in damage to a vehicle or other property 24 which is driven or attended by any person shall immediately stop 25 the vehicle at the scene of the accident or as close thereto as 26 possible but shall forthwith return to and in every event shall 27 remain at the scene of the accident until he has fulfilled the 28 requirements of section 3744 (relating to duty to give 29 information and render aid). Every stop shall be made without 30 obstructing traffic more than is necessary. 19750H1817B3002 - 221 -
1 (b) Penalty.--Any person violating this section is guilty of 2 a misdemeanor of the third degree and shall, upon conviction, be 3 sentenced to pay a fine of not less than $100 nor more than 4 $500. 5 § 3744. Duty to give information and render aid. 6 (a) General rule.--The driver of any vehicle involved in an 7 accident resulting in injury to or death of any person or damage 8 to any vehicle or other property which is driven or attended by 9 any person shall give his name, address and the registration 10 number of the vehicle he is driving, and shall upon request 11 exhibit his driver's license and proof of insurance to any 12 person injured in the accident or to the driver or occupant of 13 or person attending any vehicle or other property damaged in the 14 accident and shall give the information and upon request exhibit 15 the license and proof of insurance to any police officer at the 16 scene of the accident or who is investigating the accident and 17 shall render to any person injured in the accident reasonable 18 assistance, including the making of arrangements for the 19 carrying of the injured person to a physician, surgeon or 20 hospital for medical or surgical treatment if it is apparent 21 that treatment is necessary or if requested by the injured 22 person. 23 (b) Report of accident to police.--In the event that none of 24 the persons specified are in condition to receive the 25 information to which they otherwise would be entitled under 26 subsection (a) and no police officer is present, the driver of 27 any vehicle involved in the accident after fulfilling all other 28 requirements of section 3742 (relating to accidents involving 29 death or personal injury) and subsection (a), in so far as 30 possible on his part to be performed, shall forthwith report the 19750H1817B3002 - 222 -
1 accident to the nearest office of a duly authorized police 2 department and submit to the police department the information 3 specified in subsection (a). 4 (c) Duty of occupants if driver disabled.--Whenever the 5 driver of a vehicle is physically unable to give the information 6 or assistance required in this section and there are other 7 occupants in the vehicle at the time of the accident who are 8 physically able to give the information or assistance required 9 in this section, each of the other occupants shall fully reveal 10 the identity of himself and the identity of the driver of the 11 vehicle and of the owner of the vehicle of which they are 12 occupants and shall otherwise perform the duties of the driver 13 as set forth in subsection (a). 14 § 3745. Accidents involving damage to unattended vehicle or 15 property. 16 The driver of any vehicle which collides with or is involved 17 in an accident with any vehicle or other property which is 18 unattended resulting in any damage to the other vehicle or 19 property shall immediately stop the vehicle at the scene of the 20 accident or as close thereto as possible and shall then and 21 there either locate and notify the operator or owner of the 22 damaged vehicle or other property of his name, address, 23 information relating to the certificate of insurance and the 24 registration number of the vehicle being driven or shall attach 25 securely in a conspicuous place in or on the damaged vehicle or 26 other property a written notice giving his name, address, 27 information relating to the certificate of insurance and the 28 registration number of the vehicle being driven and shall 29 without unnecessary delay notify the nearest office of a duly 30 authorized police department. Every stop shall be made without 19750H1817B3002 - 223 -
1 obstructing traffic more than is necessary. 2 § 3746. Immediate notice of accident to police department. 3 (a) General rule.--The driver of a vehicle involved in an 4 accident shall immediately by the quickest means of 5 communication give notice to the nearest office of a duly 6 authorized police department if the accident involves: 7 (1) injury to or death of any person; or 8 (2) damage to any vehicle involved to the extent that it 9 cannot be driven under its own power in its customary manner 10 without further damage or hazard to the vehicle, other 11 traffic elements, or the roadway, and therefore requires 12 towing. 13 (b) Duty of occupant when driver disabled.--Whenever the 14 driver of a vehicle is physically incapable of giving an 15 immediate notice of an accident as required in subsection (a) 16 and there is another occupant in the vehicle at the time of the 17 accident capable of doing so, the occupant shall make or cause 18 to be given the notice not given by the driver. 19 (c) Investigation by police officer.--Every accident 20 reported to a police department required in this section shall 21 be investigated by a police officer who shall provide each 22 driver a signed statement that the accident was reported. 23 § 3747. Written report of accident by driver or owner. 24 (a) General rule.--If an accident is not investigated by a 25 police officer in accordance with section 3746 (relating to 26 immediate notice of accident to police department), the driver 27 of a vehicle which is in any manner involved in the accident 28 shall, within five days of the accident, forward a written 29 report of the accident to the department. 30 (b) Supplemental reports.--The department may require any 19750H1817B3002 - 224 -
1 driver of a vehicle involved in an accident of which written 2 report must be made as provided in this section to file 3 supplemental written reports whenever the original report is 4 insufficient in the opinion of the department. 5 (c) Exception for disabled persons.--A written accident 6 report is not required under this subchapter from any person who 7 is physically incapable of making a report during the period of 8 incapacity. 9 (d) Duty of owner if driver disabled.--Whenever the driver 10 is physically incapable of making a written report of an 11 accident as required in this section and the driver is not the 12 owner of the vehicle, then the owner of the vehicle involved in 13 the accident shall, within five days after the accident, make 14 the report not made by the driver. 15 (e) Confidentiality of reports.--All written reports 16 required in this section to be forwarded to the department by 17 drivers or owners of vehicles involved in accidents shall be 18 without prejudice to the individual so reporting and shall be 19 for the confidential use of the department or any other 20 Commonwealth agency having use for the records for accident 21 prevention purposes, except that the department shall disclose 22 the identity of a person involved in an accident when the 23 identity is not otherwise known or when the person denies his 24 presence at the accident and shall disclose whether any person 25 or vehicle was covered by a vehicle insurance policy and the 26 name of the insurer. 27 (f) Use of reports as evidence.--No accident reports 28 forwarded under the provisions of this section shall be used as 29 evidence in any trial, civil or criminal, arising out of an 30 accident except that the department shall furnish upon demand of 19750H1817B3002 - 225 -
1 any party to the trial, or upon demand of any court, a 2 certificate showing that a specified accident report has or has 3 not been made to the department in compliance with the law and, 4 if the report has been made, the date, time and location of the 5 accident, the names and addresses of the drivers, the owners of 6 the vehicles involved and the investigating officers. The 7 reports may be used as evidence when necessary to prosecute 8 charges filed in connection with a violation of section 3748 9 (relating to false reports). 10 (g) Compliance with other laws required.--This section does 11 not affect the duty of filing accident reports required by any 12 other statute or regulations made thereunder. 13 § 3748. False reports. 14 Any person who gives information in oral or written reports 15 required by this subchapter knowing or having reason to believe 16 that the information is false is guilty of a summary offense and 17 shall, upon conviction, be sentenced to pay a fine of $200. 18 § 3749. Reports by coroners and medical examiners. 19 (a) General rule.--Every coroner or medical examiner in this 20 Commonwealth shall, on or before the tenth day of each month, 21 report in writing to the department the death of any person 22 resulting from a vehicle accident, giving the time and place of 23 accident and the circumstances relating thereto. These reports 24 shall be made on forms prepared by the department. Every coroner 25 or medical examiner shall retain a copy of the reports in his 26 office for a period of two years. 27 (b) Blood and urine samples.--The coroners or medical 28 examiners of each county in this Commonwealth shall take blood 29 or urine samples or both from the bodies of all drivers and of 30 all pedestrians over 15 years of age who die within four hours 19750H1817B3002 - 226 -
1 following an accident and shall, within ten days of the 2 accident, transmit the samples to the Governor's Council on Drug 3 and Alcohol Abuse. This subsection shall be applicable to all 4 occupants over 15 years of age if the driver of the vehicle 5 cannot be determined. 6 (c) Regulations for testing samples.--The Governor's Council 7 on Drug and Alcohol Abuse shall establish and promulgate rules 8 and regulations for the testing of the blood and urine samples 9 authorized to be taken from dead bodies under this section. 10 § 3750. Reports by garages. 11 The person in charge of any garage or repair shop to which is 12 brought a vehicle which shows evidence of having been struck by 13 any bullet shall report to the nearest office of a duly 14 authorized police department within 24 hours after the vehicle 15 is received by the garage or repair shop, giving the year, make 16 and model name of the vehicle, the vehicle identification 17 number, the registration plate number and address of the owner 18 or driver of the vehicle. 19 § 3751. Reports by police. 20 (a) General rule.--Every police department that investigates 21 a vehicle accident for which a report must be made as required 22 in this subchapter, or otherwise prepares a written report as a 23 result of an investigation either at the time of and at the 24 scene of the accident or thereafter by interviewing the 25 participants or witnesses, shall forward a written report of the 26 accident to the department within five days after the 27 investigation of the accident. 28 (b) Furnishing copies of report.--Police departments shall, 29 upon request, furnish at a cost not to exceed $5 a certified 30 copy of its full report of its investigation of any vehicle 19750H1817B3002 - 227 -
1 accident to any person involved in the accident, his attorney or 2 insurer, and to the Federal Government, branches of the military 3 service, Commonwealth agencies, and to officials of political 4 subdivisions and to agencies of other states and nations and 5 their political subdivisions. The copy of the report shall not 6 be admissible as evidence in any action for damages or criminal 7 proceedings arising out of a motor vehicle accident. Police 8 departments may refuse to furnish the complete copy of 9 investigation of the vehicle accident whenever there are 10 criminal charges pending against any persons involved in the 11 vehicle accident unless the Pennsylvania Rules of Criminal 12 Procedure require the production of the documents. 13 § 3752. Accident report forms. 14 (a) Form and content.--The department shall prepare and upon 15 request supply to all law enforcement agencies and other 16 appropriate agencies or individuals, forms for written accident 17 reports as required in this subchapter suitable with respect to 18 the persons required to make the reports and the purposes to be 19 served. The written report forms shall call for sufficiently 20 detailed information to disclose with reference to a vehicle 21 accident the cause, conditions then existing and the persons and 22 vehicles involved. Reports for use by the drivers and owners 23 shall also provide for information relating to financial 24 responsibility. 25 (b) Use.--Every accident report required to be made in 26 writing shall be made on the appropriate form approved by the 27 department and shall contain all the information required 28 therein unless not available. 29 § 3753. Department to tabulate and analyze accident reports. 30 (a) Central accident records agency.--The department shall 19750H1817B3002 - 228 -
1 establish a central accident records agency which shall be the 2 repository for all reportable traffic accidents as defined in 3 this subchapter. The agency will have primary responsibility for 4 the administration and supervision of storing, processing and 5 providing the informational needs to all official agencies 6 having responsibility in the highway transportation system. 7 (b) Central accident analysis system.--The department shall 8 provide accident data for analysis in selecting accident 9 prevention programs and in evaluating the effectiveness of those 10 programs implemented. As a minimum, the system shall be capable <-- 11 of providing: THE DEPARTMENT SHALL REPORT TO EACH SESSION OF THE <-- 12 GENERAL ASSEMBLY HOW THE RECORD OF TRAFFIC SAFETY IN 13 PENNSYLVANIA AND OTHER STATES WITH A POINT SYSTEM COMPARES WITH 14 STATES THAT DO NOT HAVE A POINT SYSTEM, THE PERCENTAGE AND 15 NUMBER OF ACCIDENTS, SERIOUS ACCIDENTS, AND FATAL ACCIDENTS 16 CAUSED BY EACH VIOLATION OF THIS TITLE TO WHICH A POINT PENALTY 17 IS ASSESSED, AND THE PERCENTAGE AND NUMBER OF EACH VIOLATION OF 18 THIS TITLE TO WHICH A POINT PENALTY IS ATTACHED. THE SYSTEM 19 SHALL PROVIDE: 20 (1) An annual statistical summary of motor vehicle 21 accidents including multi-dimensional distribution for such 22 factors as type, time and location of accident, road and 23 weather conditions, type of traffic control, and condition 24 and actions of operators and type and condition of the 25 vehicles. 26 (2) Identification of hazardous road locations. 27 (3) Information on which police duty assignment may be 28 more effective in order to prevent accidents. 29 (4) Evaluation of speed regulations or other provisions 30 of this title to aid the General Assembly in determining when 19750H1817B3002 - 229 -
1 changes are desirable. 2 (5) Statistical analyses of the relationship between 3 non-accident traffic violations of operators and accident 4 involvement. These analyses shall include such factors as the 5 type, location, and severity of violations, the type, 6 location, and severity of the accidents and the 7 responsibility of the operators involved. 8 (6) An evaluation of legal or departmental actions as 9 related to driver improvement and accident reduction. 10 (c) Highway safety statistics.--The department may compile 11 such other statistics for such purposes as it might deem helpful 12 in advancing highway safety. 13 PART IV 14 VEHICLE CHARACTERISTICS 15 Chapter 16 41. Equipment Standards 17 43. Lighting Equipment 18 45. Other Required Equipment 19 47. Inspection of Vehicles 20 49. Size, Weight and Load 21 CHAPTER 41 22 EQUIPMENT STANDARDS 23 Sec. 24 4101. Purpose of part. 25 4102. Definitions. 26 4103. Promulgation of vehicle equipment standards. 27 4104. Testing and approval of equipment. 28 4105. Revocation and renewal of certificates of approval. 29 4106. Market surveillance program. 30 4107. Unlawful activities. 19750H1817B3002 - 230 -
1 4108. Injunctive relief. 2 § 4101. Purpose of part. 3 The purpose of this chapter and Chapters 43 (relating to 4 lighting equipment) and 45 (relating to other required 5 equipment) is to establish minimum standards for vehicle 6 equipment the performance of which is related to vehicle safety, 7 noise control and air quality and to make unlawful the sale and 8 use of items which do not comply with the requirements of this 9 part or with the standards and regulations promulgated by the 10 department. 11 § 4102. Definitions. 12 The following words and phrases when used in this part shall 13 have, unless the context clearly indicates otherwise, the 14 meanings given to them in this section. 15 "Federal standard". A minimum standard of vehicle or vehicle 16 equipment performance issued under the National Traffic and 17 Motor Vehicle Safety Act (80 Stat. 718, 15 U.S.C.A. §1381), the 18 Motor Vehicle Information and Cost Savings Act (86 Stat. 947, 15 19 U.S.C.A. §1901) or the Clean Air Act (81 Stat. 485, 42 U.S.C.A. 20 §1857). 21 "Vehicle equipment standard". A minimum standard for vehicle 22 performance or vehicle equipment performance which meets the 23 needs of vehicle safety, noise control or air quality control, 24 which is practicable and which provides objective criteria. 25 § 4103. Promulgation of vehicle equipment standards. 26 (a) General rule.--The department shall promulgate vehicle 27 equipment standards for vehicles, equipment and devices required 28 under this part. To the maximum extent possible, consistent with 29 safety, the standards shall be expressed in terms of minimum 30 acceptable performance levels, measured against objective 19750H1817B3002 - 231 -
1 testing parameters. 2 (b) Applicability of Federal standards.--Federal standards 3 promulgated with respect to the performance of any vehicle or 4 item of equipment shall have the same force and effect as if 5 promulgated by the department under subsection (a) and shall 6 supersede any Commonwealth standard applicable to the same 7 aspect of performance for the vehicle or item of equipment. 8 (c) Incorporation of standards by reference.--Subject to the 9 provisions of subsections (a) and (b), applicable standards or 10 recommended practices issued by the National Highway Traffic 11 Safety Administration, U.S. Department of Transportation, the 12 Vehicle Equipment Safety Commission, the American National 13 Standards Institute, the Society of Automotive Engineers or any 14 other generally recognized standards setting body may be adopted 15 by reference, provided that copies of the standards are 16 incorporated in the notice of proposed rule making. 17 (d) Applicability to certain vehicles.--Vehicle equipment 18 standards contained in this part or promulgated by the 19 department under the authority given in this part shall not 20 apply to a motor vehicle registered as an antique or classic 21 vehicle containing equipment which meets the original 22 manufacturer's specifications. 23 (E) EXTENSION OF STANDARDS PROHIBITED.--VEHICLE EQUIPMENT <-- 24 STANDARDS PROMULGATED BY THE DEPARTMENT SHALL NOT BE EXTENDED TO 25 ANY VEHICLE WHICH IS NOT REQUIRED BY FEDERAL STANDARDS TO HAVE 26 THE EQUIPMENT. 27 § 4104. Testing and approval of equipment. 28 (a) Authority of department.--The department may require new 29 vehicles and equipment to be tested and approved for compliance 30 with the requirements of this part or any vehicle equipment 19750H1817B3002 - 232 -
1 standard adopted pursuant to section 4103(a) (relating to 2 promulgation of vehicle equipment standards). 3 (b) Basis of approval.--Approvals may be based on 4 certification furnished to the department by the American 5 Association of Motor Vehicle Administrators, or if the American 6 Association of Motor Vehicle Administrators certification 7 program does not cover the type of vehicle or equipment, the 8 department shall determine approval on test reports prepared by 9 such testing laboratories as the department may designate. 10 (c) Procedure for approval.--The department shall establish 11 by regulation the procedure to be followed when request for 12 approval of any item of equipment is submitted under this 13 section. The department shall not unreasonably withhold 14 designation of any laboratory which meets the minimum criteria 15 established by the department as an approved laboratory for 16 equipment testing. Where a regulated manufacturer has its own 17 in-house testing facilities which meet the minimum criteria, the 18 department may accept test reports from the manufacturer for the 19 purpose of granting equipment approvals. 20 (d) Markings on approved equipment.--Each item of equipment 21 requiring approval by the department shall bear the trademark, 22 name or code symbol under which it is approved. If practicable, 23 the markings shall be legible after installation. For the 24 purposes of this subsection, code symbol means one assigned and 25 approved by the department in the absence of a name or 26 trademark. 27 (e) Lists of approved equipment.--The department shall 28 maintain lists of all items of equipment which have been 29 approved under authority of this part. Copies of the lists or 30 portions of the lists shall be made available at cost upon 19750H1817B3002 - 233 -
1 request. 2 § 4105. Revocation and renewal of certificates of approval. 3 (a) Hearing to review approved devices.--When the department 4 has reason to believe that an approved device being sold 5 commercially does not comply with the requirements of this part, 6 it may, after giving 30 days' notice to the person holding the 7 certificate of approval for the device, conduct a hearing upon 8 the question of compliance of the approved device. After the 9 hearing, the department shall determine whether the approved 10 device meets the requirements of this part and shall notify the 11 person holding the certificate of approval of the determination. 12 (b) Devices determined to be in violation.--If the 13 department determines as a result of the hearing that the device 14 does not meet the requirements of this part, the person holding 15 the certificate of approval shall have a period of 90 days to 16 resubmit a request for approval. In the event the device is 17 determined to be hazardous, the department may take immediate 18 action through injunctive relief pursuant to section 4108 19 (relating to injunctive relief). If the person holding the 20 certificate of approval fails to satisfy the department that the 21 resubmitted device as thereafter to be sold meets the 22 requirements of this part, the department shall revoke the 23 approval issued unless the device is resubmitted to and retested 24 by an authorized testing laboratory and is found to meet the 25 requirements of this part. The department may require that all 26 devices sold since the notification following the hearing be 27 replaced with devices that do comply with the requirements of 28 this part. 29 (c) Expiration of certificate.--Certificates of approval 30 issued for items of equipment required to be approved under this 19750H1817B3002 - 234 -
1 part will not expire except as provided by regulation or until 2 revoked by the department. 3 (d) Renewal of certificate.--Certificates of approval which 4 expire pursuant to regulation shall be void after the period 5 stated from the date of issue unless application is made for 6 renewal of the certificates in accordance with the procedure 7 established by the department, together with the applicable fee, 8 and a new certificate of approval is issued. 9 (e) Promulgation of regulations.--The department shall 10 promulgate rules and regulations to effectuate the provisions of 11 this section. 12 § 4106. Market surveillance program. 13 (a) General rule.--The department shall maintain a 14 continuing program of market surveillance to insure that any 15 items of vehicle equipment offered for sale in this Commonwealth 16 and for which approvals are required are in compliance with the 17 law. 18 (b) Purchase and testing of samples.--The department may 19 undertake at State expense random retail purchase and compliance 20 testing of samples of equipment which is covered by a valid 21 certificate of approval or which has been certified by its 22 manufacturer as being in compliance with an applicable Federal 23 motor vehicle safety standard. If the samples, upon testing, 24 fail to meet the applicable performance requirements, the 25 department may commence revocation proceedings pursuant to 26 section 4105 (relating to revocation and renewal of certificates 27 of approval). 28 (c) Notice of violations.--If the market surveillance 29 program reveals instances of items of equipment being offered 30 for sale which have not been approved as required by State law 19750H1817B3002 - 235 -
1 or regulation or certified as being in compliance with an 2 applicable Federal standard, immediate written notice of that 3 fact shall be furnished the dealer, distributor, wholesaler or 4 manufacturer. The dealer shall not thereafter sell the equipment 5 and the distributor, wholesaler or manufacturer shall recall all 6 the equipment from all dealers. 7 § 4107. Unlawful activities. 8 (a) Violation of vehicle equipment standards.-- 9 (1) It is unlawful for any person to sell, offer for 10 sale, lease, install or replace, either separately or as part 11 of the equipment of a vehicle, any item of vehicle equipment 12 affecting the operation of the vehicle which does not comply 13 with this title or regulations promulgated thereunder, or 14 which does not comply with an applicable Federal motor 15 vehicle safety standard adopted by regulation by the 16 department. 17 (2) Any person convicted of violating this subsection 18 shall be subject to a civil penalty of not more than $100 for 19 each violation. Each violation of the provisions of this 20 subsection shall constitute a separate violation with respect 21 to each motor vehicle or item of motor vehicle equipment or 22 with respect to each failure or refusal to allow or perform 23 an act required thereby, except that the maximum civil 24 penalty shall not exceed $10,000 for any related series of 25 violations. 26 (b) Other violations.--It is unlawful for any person to do 27 any of the following: 28 (1) Wilfully or intentionally remove (other than for 29 purposes of repair and replacement) or render inoperative, in 30 whole or in part, any item of vehicle equipment which was 19750H1817B3002 - 236 -
1 required to be installed at the time of manufacture or 2 thereafter upon any vehicle, by any law, rule, regulation or 3 requirement of any officer or agency of the United States or 4 of the Commonwealth, if it is intended that the vehicle be 5 operated upon the highways of this Commonwealth unless the 6 removal or alteration is specifically permitted by this title 7 or by regulations promulgated by the department. 8 (2) Operate, or cause or permit another person to 9 operate, on any highway in this Commonwealth any vehicle or 10 combination which is not equipped as required under this part 11 or which is otherwise in an unsafe condition. 12 (3) Do any act forbidden by this part or fail to perform 13 any act required under this part. 14 (c) Use of certain equipment unaffected.--This part shall 15 not be construed to: 16 (1) Prohibit the use of parts or equipment required by 17 the National Traffic and Motor Vehicle Safety Act of 1966 (80 18 Stat. 718, 15 U.S.C.A. § 1381) or the use of any other parts 19 or accessories on any vehicle not inconsistent with the 20 provisions of this title or regulations promulgated 21 thereunder. 22 (2) Limit the use of independent after market repair and 23 service parts in the repair of vehicles and items of vehicle 24 equipment unless in violation of the provisions of this title 25 or regulations promulgated thereunder. 26 § 4108. Injunctive relief. 27 (a) General rule.--Upon petition by the department, the 28 Commonwealth Court shall have jurisdiction, for cause shown, to 29 restrain violations of this part or to restrain the sale, offer 30 for sale or use of any item of vehicle equipment which is 19750H1817B3002 - 237 -
1 determined to be in violation of this part or regulations 2 promulgated pursuant thereto. 3 (b) Notice of contemplated action.--Whenever practicable, 4 the department shall give notice to any person against whom an 5 action for injunctive relief is contemplated and afford an 6 opportunity to present views and, except in the case of a 7 knowing and wilful violation, shall afford reasonable 8 opportunity to achieve compliance. The failure to give notice 9 and afford such opportunity shall not preclude the granting of 10 appropriate relief. 11 (c) Non-jury criminal contempt proceedings.--In any 12 proceeding for criminal contempt for violation of an injunction 13 or restraining order issued under this section, the court shall 14 sit without intervention of a jury. 15 CHAPTER 43 16 LIGHTING EQUIPMENT 17 Sec. 18 4301. Promulgation of regulations by department. 19 4302. Period for requiring lighted lamps. 20 4303. General lighting requirements. 21 4304. Obstructed lights not required. 22 4305. Vehicular hazard signal lamps. 23 4306. Use of multiple-beam road lighting equipment. 24 4307. Use and display of illuminated signs. 25 § 4301. Promulgation of regulations by department. 26 The department shall promulgate regulations governing the 27 number, visibility, color, size, type, construction, location 28 and use of lamps, other lighting equipment and any 29 retroreflective surfaces on vehicles. 30 4302. Period for requiring lighted lamps. 19750H1817B3002 - 238 -
1 Every vehicle upon a highway at any time between sunset and 2 sunrise and at any other time when, due to insufficient light or 3 unfavorable atmospheric conditions, persons and vehicles on the 4 highway are not clearly discernible from a distance of 1000 feet 5 ahead shall display lighted head and other lamps and 6 illuminating devices as required under this chapter for 7 different classes of vehicles, subject to exceptions with 8 respect to parked vehicles. Stop lights, turn signals and other 9 signaling devices shall be lighted as prescribed in this title. 10 § 4303. General lighting requirements. 11 (a) Head lamps.--Every vehicle, except trailers, operated on 12 a highway shall be equipped with a head lamp system in 13 conformance with regulations of the department. 14 (b) Rear lighting.--Every vehicle operated on a highway 15 shall be equipped with a rear lighting system including, but not 16 limited to, rear lamps, rear reflectors, stop lamps and license 17 plate light, in conformance with regulations of the department. 18 (c) Turn signals and hazard warning lights.--Every motor 19 vehicle, except motorcycles, and every trailer operated on a 20 highway shall be equipped with a system of turn signal lights 21 and hazard warning lights in conformance with regulations of the 22 department. 23 (d) Identification, clearance and side marker lights.--Every 24 motor vehicle, trailer and combination operated on a highway 25 shall be equipped with a system of lights which may include 26 retroreflective reflectors, identification, clearance and side 27 marker lights in conformance with regulations of the department. 28 (e) Equipment exempted by regulation.--Antique motor 29 vehicles, animal-drawn vehicles, implements of husbandry and 30 special mobile equipment, if operated exclusively between the 19750H1817B3002 - 239 -
1 hours of sunrise and sunset and not during periods of reduced
2 visibility or insufficient illumination, may be exempted from
3 certain lighting equipment requirements of this part by
4 regulations of the department.
5 § 4304. Obstructed lights not required.
6 Whenever motor and other vehicles are operated in combination
7 during the time that lights are required, any lamp (except a
8 tail lamp) need not be lighted which, by reason of its location
9 on a vehicle of the combination, is obscured by another vehicle
10 of the combination, but this does not affect the requirement
11 that lighted clearance lamps be displayed on the front of the
12 foremost vehicle required to have clearance lamps, nor that all
13 lights required on the rear of the rearmost vehicle of any
14 combination shall be lighted.
15 § 4305. Vehicular hazard signal lamps.
16 (a) General rule.--Simultaneous flashing of the two front
17 and two rear signal lamps shall indicate a vehicular traffic
18 hazard. The driver of a motor vehicle equipped with simultaneous
19 flashing signals shall use the signals when the vehicle is
20 stopped or disabled on a highway, except when the vehicle is
21 stopped in compliance with a traffic-control device or when
22 legally parked. Drivers of other vehicles shall exercise
23 extraordinary care in approaching, overtaking and passing a
24 vehicle displaying vehicular hazard warning signals.
25 (b) Use outside business and residence districts.--Outside
26 of a business or residence district: the driver of a vehicle <--
27 (1) THE DRIVER OF A VEHICLE equipped with simultaneous <--
28 flashing signals shall use the signals when the vehicle is
29 unable to maintain a speed of at least 25 miles per hour
30 because of weather, grade or other similar factors or is
19750H1817B3002 - 240 -
1 unable to maintain a speed consistent with the normal flow of 2 traffic. 3 (2) THE DRIVER OF A BUS EQUIPPED WITH SIMULTANEOUS <-- 4 FLASHING SIGNALS SHALL USE THE SIGNALS WHEN THE BUS IS 5 STOPPED WITH ONE OR MORE WHEELS ON THE ROADWAY BETWEEN DUSK 6 AND DAWN FOR THE PURPOSE OF RECEIVING OR DISCHARGING 7 PASSENGERS. 8 (c) Use below minimum speed limit.--The driver of a vehicle 9 equipped with simultaneous flashing signals shall use the 10 signals when the vehicle is not maintaining at least the minimum 11 speed established in accordance with the provisions of section 12 3364 (relating to minimum speed regulation). 13 § 4306. Use of multiple-beam road lighting equipment. 14 (a) Approaching an oncoming vehicle.--Whenever the driver of 15 a vehicle approaches an oncoming vehicle within 500 feet, the 16 driver shall use the low beam of light. 17 (b) Approaching a vehicle from rear.--Whenever the driver of 18 a vehicle approaches another vehicle from the rear within 300 19 feet, the driver shall use the low beam of light. 20 § 4307. Use and display of illuminated signs. 21 (a) General rule.--Except as otherwise provided in this 22 section, no vehicle shall bear or display any illuminated signs, 23 letters, numerals or figures of any kind whatsoever. 24 (b) Buses.--A bus or school bus may bear an illuminated sign 25 stating its use or destination. 26 (c) Taxicabs.--A taxicab may carry on the rear or the top of 27 the vehicle illuminated signs placed so as not to interfere with 28 the vision of the driver through the rear window of the vehicle. 29 The size and placement of the sign must receive approval of the 30 department or be a type approved by the department prior to use 19750H1817B3002 - 241 -
1 on the vehicle. 2 CHAPTER 45 3 OTHER REQUIRED EQUIPMENT 4 Subchapter 5 A. Brake Equipment 6 B. Safety and Anti-pollution Equipment 7 C. Vehicles for Transportation of School Children 8 D. Equipment of Authorized and Emergency Vehicles 9 SUBCHAPTER A 10 BRAKE EQUIPMENT 11 Sec. 12 4501. Promulgation of regulations by department. 13 4502. General requirements for braking systems. 14 § 4501. Promulgation of regulations by department. 15 The department shall promulgate regulations governing the 16 type, size, construction, location and use of brake equipment 17 taking into consideration different requirements for different 18 classes or types of vehicles. The authority granted in this 19 section includes the power to regulate the performance of the 20 brake system on a vehicle. 21 § 4502. General requirements for braking systems. 22 (a) Parking brakes.--Every vehicle or combination, except a 23 motorcycle, operated on a highway shall be equipped with a 24 parking brake system adequate to hold the vehicle or combination 25 on any grade on which it is operated, under all conditions of 26 loading, on a surface free of ice or snow. The system shall not 27 be designed to require a continuous or intermittent source of 28 energy for full effectiveness after initial application. 29 (b) Service brakes.--Every vehicle and combination operated 30 on a highway shall be equipped with a service brake system 19750H1817B3002 - 242 -
1 adequate to control the movement of and to stop and hold the 2 vehicle or combination on any grade on which it is operated, 3 under all conditions of loading, and adequate to meet the 4 braking performance standards established by regulation of the 5 department. 6 (c) Breakaway systems.--Every combination operated on a 7 highway, the towed vehicle of which is equipped with brakes or 8 which has a gross weight in excess of 3,000 pounds, shall be so 9 equipped that, upon breakaway of the towed vehicle, the towed 10 vehicle shall be stopped and held automatically, and the towing 11 vehicle shall be capable of being stopped and held by use of its 12 own service braking system. 13 (d) Equipment exempted from section.--This section does not 14 apply to towed instruments of husbandry and such items or types 15 of special mobile equipment as are specifically exempted from 16 compliance by regulations promulgated by the department. 17 SUBCHAPTER B 18 SAFETY AND ANTI-POLLUTION EQUIPMENT 19 Sec. 20 4521. Promulgation of regulations by department. 21 4522. Violation of Federal statute or regulation. 22 4523. Exhaust systems, mufflers and noise control. 23 4524. Windshield obstructions and wipers. 24 4525. Tire equipment and traction surfaces. 25 4526. Safety glass. 26 4527. Television equipment. 27 4528. Fire extinguishers. 28 4529. Slow moving vehicle emblem. 29 4530. Portable emergency warning devices. 30 4531. Emission control systems. 19750H1817B3002 - 243 -
1 4532. Smoke control for diesel-powered motor vehicles. 2 4533. Spray protection. 3 4534. Rear-view mirrors. 4 4535. Audible warning devices. 5 4536. Bumpers. 6 § 4521. Promulgation of regulations by department. 7 The department shall promulgate regulations governing the 8 number, size, color, type, construction, location and use of 9 other equipment on vehicles consistent with but not limited by 10 the provisions of this subchapter and taking into consideration 11 different requirements for different classes or types of 12 vehicles. 13 § 4522. Violation of Federal statute or regulation. 14 (a) General rule.--No person shall drive a vehicle on any 15 highway in violation of any provision of a Federal statute or 16 regulation relating to any type of equipment or documents used 17 in the vehicle while engaged in interstate commerce. 18 (b) Penalty.--Any person violating this section is guilty of 19 a summary offense and shall, upon conviction, be sentenced to 20 pay a fine of $100. 21 § 4523. Exhaust systems, mufflers and noise control. 22 (a) Compliance with established sound levels.--Every motor 23 vehicle operated on a highway shall be constructed, equipped, 24 maintained and operated so as not to exceed the sound level for 25 the vehicle as prescribed in regulations promulgated by the 26 department. The test procedures and instrumentation to be 27 utilized shall also be established by regulation. ALL SUCH <-- 28 REGULATIONS SHALL BE APPROVED BY THE GENERAL ASSEMBLY BEFORE 29 THEY BECOME EFFECTIVE. HEADERS AND SIDE EXHAUSTS SHALL BE 30 PERMITTED PROVIDED THAT THEY MEET ALL REQUIREMENTS OF SUBSECTION 19750H1817B3002 - 244 -
1 (D). 2 (b) Compliance with exhaust requirements.--In addition to 3 any requirements established under sections 4531 (relating to 4 emission control systems) and 4532 (relating to smoke control 5 for diesel-powered motor vehicles), every motor vehicle shall be 6 constructed, equipped, maintained and operated so as to prevent 7 engine exhaust gases from penetrating and collecting in any part 8 of the vehicle occupied by the driver or passengers. 9 (c) Mufflers and related equipment.--Every motor vehicle 10 shall be equipped with a muffler or other effective noise 11 suppressing system in good working order and in constant 12 operation and no muffler or exhaust system shall be equipped 13 with a cutout, bypass or similar device. 14 (d) Unauthorized modification of equipment.--No person shall 15 modify the exhaust system of a motor vehicle in a manner which 16 will amplify or increase the noise emitted by the motor of the 17 vehicle above the maximum levels permitted under subsection (a) 18 or violate the provisions of subsection (b). The original 19 muffler shall comply with all of the requirements of this part. 20 No person shall operate a motor vehicle with an exhaust system 21 so modified as to exceed the permissible noise levels 22 established under this section. 23 (e) Fire equipment and racing vehicles.--This section does 24 not apply to fire equipment or to racing vehicles being operated 25 in an organized racing or competitive event conducted under a 26 permit issued by local authorities EXCEPT THAT HEADERS AND SIDE <-- 27 EXHAUSTS SHALL BE PERMITTED PROVIDED THE VEHICLE MEETS ALL OTHER 28 REQUIREMENTS OF THIS SECTION. 29 § 4524. Windshield obstructions and wipers. 30 (a) Obstruction on front windshield.--No person shall drive 19750H1817B3002 - 245 -
1 any motor vehicle with any sign, poster or other nontransparent
2 material, including ice or snow, upon the front windshield <--
3 except an inspection certificate or other officially required
4 sticker AND NO PERSON SHALL DRIVE ANY MOTOR VEHICLE WITH ANY ICE <--
5 OR SNOW ON THE FRONT WINDSHIELD WHICH MATERIALLY OBSTRUCTS,
6 OBSCURES OR IMPAIRS THE DRIVER'S CLEAR VIEW OF THE HIGHWAY OR
7 ANY INTERSECTING HIGHWAY.
8 (b) Obstruction on side and rear windows.--No person shall
9 drive any motor vehicle with any sign, poster or other
10 nontransparent material, including ice or snow, upon the side
11 wings or side or rear windows of the vehicle which materially
12 obstructs, obscures or impairs the driver's clear view of the
13 highway or any intersecting highway.
14 (c) Other obstruction.--No person shall drive any motor
15 vehicle with any object or material hung from the inside rear
16 view mirror or otherwise hung, placed or attached in such a
17 position as to materially obstruct, obscure or impair the
18 driver's vision through the front windshield or any manner as to
19 constitute a safety hazard.
20 (d) Windshield wiper systems.--The windshield on every motor
21 vehicle other than a motorcycle or motor-driven cycle shall be
22 equipped with a wiper system capable of cleaning rain, snow or
23 other moisture from the windshield, and so constructed as to be
24 controlled or operated by the driver of the vehicle.
25 § 4525. Tire equipment and traction surfaces.
26 (a) General rule.--No vehicle shall be operated on the
27 highway unless the vehicle is equipped with tires of a type,
28 size and construction approved by the department for the vehicle
29 and unless the tires are in a safe operating condition as
30 determined in accordance with regulations of the department.
19750H1817B3002 - 246 -
1 (b) Vehicles not equipped with pneumatic tires.--It is 2 unlawful for any person to operate or move, or cause or permit 3 to be moved, in contact with any highway any vehicle equipped 4 with traction or road contact surfaces other than pneumatic 5 tires unless of a type, size and construction permitted by 6 regulations of the department and unless the movement is made 7 under specific conditions allowed by regulations of the 8 department. 9 (c) Tire studs and ice grips.--From November 1 of each year <-- 10 to April 30 of the following year ICE GRIPS AND TIRE STUDS.-- <-- 11 VEHICLES WITH tires in which have been inserted ice grips or 12 tire studs of wear-resisting material MAY BE DRIVEN ON HIGHWAYS <-- 13 FROM NOVEMBER 1 OF EACH YEAR TO APRIL 30 OF THE FOLLOWING YEAR 14 IF THE GRIPS OR STUDS ARE installed in such manner as to provide 15 resiliency upon contact with the road, with projections not to 16 exceed two thirty-seconds of an inch beyond the tread of the 17 traction surface of the tire, and constructed to prevent any 18 appreciable damage to the road surface. THE PROVISIONS OF THIS <-- 19 SUBSECTION SHALL NOT APPLY TO FIRE FIGHTING VEHICLES. 20 (d) Tire chains.--Tire chains may be temporarily used on 21 vehicles during periods of snow and ice emergency if they are in 22 conformance with regulations promulgated by the department. 23 § 4526. Safety glass. 24 (a) Safety glass required.--It is unlawful to sell or to 25 operate on any highway in this Commonwealth any vehicle 26 manufactured or assembled after January 1, 1934, and registered 27 in this Commonwealth unless the vehicle is equipped with safety 28 glass or similar material, which is in compliance with 29 regulations promulgated by the department, wherever transparent 30 or translucent material is used in the vehicle in doors, 19750H1817B3002 - 247 -
1 windows, windshields and wings. 2 (b) Replacement of glass.--It is unlawful for the owner of 3 any vehicle to have safety glass, broken or otherwise, in the 4 windshields, doors, windows or wings of the vehicle replaced 5 with any glass other than safety glass. It is unlawful for any 6 person to install in the windshields, doors, windows or wings of 7 any vehicle any glass other than safety glass. 8 (c) Violation by common carrier or public utility.--In case 9 of any violation of any provision of this section by any common 10 carrier or person operating under a certificate of authority 11 issued by the Pennsylvania Public Utility Commission, the 12 certificate shall either be revoked or, in the discretion of the 13 commission, suspended until the provision or provisions are 14 complied with to the satisfaction of the commission. 15 (d) Exception.--This section does not apply to house 16 trailers. 17 § 4527. Television equipment. 18 No motor vehicle operated on a highway shall be equipped with 19 television-type receiving equipment forward of the back of the 20 driver's seat or otherwise visible to the driver. This section 21 does not prevent the use of television-type receiving equipment 22 in a vehicle used exclusively for safety or law enforcement 23 purposes as approved by the Pennsylvania State Police. 24 § 4528. Fire extinguishers. 25 Every vehicle towing a house trailer, every motor home and 26 every motor vehicle with a mounted truck-camper shall be 27 equipped with at least one fire extinguisher of a type and size 28 approved by the department. 29 § 4529. Slow moving vehicle emblem. 30 (a) General rule.--All implements of husbandry and special 19750H1817B3002 - 248 -
1 mobile equipment designed to operate at 25 miles per hour or 2 less and all animal-drawn vehicles shall, when traveling on a 3 highway, display on the rear of the vehicle a reflective slow 4 moving vehicle emblem as specified in regulations of the 5 department. The use of the slow moving vehicle emblem shall be 6 in addition to any other lighting devices or equipment required 7 by this title. 8 (b) Limitations on use or display.--No person shall use or 9 display the slow moving vehicle emblem except as provided in 10 this section nor shall any person display the emblem on a 11 vehicle traveling at a speed in excess of 25 miles per hour. 12 (c) Towed vehicles.--The emblem shall be required to be 13 displayed on a slow moving vehicle which is being towed on a 14 highway unless the towing vehicle displays the emblem in such a 15 manner as to be clearly visible from the rear. 16 § 4530. Portable emergency warning devices. 17 (a) General rule.--Every truck, truck-tractor and bus and 18 any motor vehicle towing a trailer shall carry at least three 19 portable emergency warning devices of a type specified by 20 regulations promulgated by the department. The regulations shall 21 be consistent with Motor Carrier Safety Regulations, Department 22 of Transportation, Federal Highway Administration, Bureau of 23 Motor Carrier Safety, section 393.95. 24 (b) When display required.--Whenever any vehicle of a type 25 referred to in subsection (a) is disabled or stopped for more 26 than ten minutes upon a roadway or shoulder outside of an urban 27 district, or upon any divided highway, the driver of the vehicle 28 shall display the portable warning devices of the type required 29 under subsection (a) in such manner as the department shall 30 direct by regulations. 19750H1817B3002 - 249 -
1 § 4531. Emission control systems. 2 (a) Compliance with established maximum levels.--No vehicle 3 manufactured in compliance with the requirements of the Clean 4 Air Act (77 Stat.392, 42 U.S.C.A. § 1857), or any amendments or 5 supplements thereto, shall have emissions exceeding the maximum 6 permissible levels prescribed by law. or by regulations <-- 7 promulgated by the department. 8 (b) Limitation or alteration of system.--No person shall 9 change or alter the emission control system of a vehicle in such 10 a manner that it fails to comply with the prescribed emissions 11 criteria. It is unlawful for the vehicle to be operated under 12 its own power until a reinspection at an official inspection 13 station establishes its full compliance. 14 § 4532. Smoke control for diesel-powered motor vehicles. 15 (a) Standards and inspection.--The department shall 16 promulgate regulations for the control of smoke from diesel- 17 powered motor vehicles prescribing standards, inspection 18 procedures and inspection equipment. ALL SUCH REGULATIONS SHALL <-- 19 BE APPROVED BY THE GENERAL ASSEMBLY BEFORE THEY BECOME 20 EFFECTIVE. 21 (b) Compliance with standards.--No person shall operate a 22 diesel-powered motor vehicle on a highway in such a manner that 23 the smoke emitted exceeds the standards established under this 24 section. Each day of operation in violation shall constitute a 25 separate offense under this subsection. 26 (c) Correction to avoid prosecution.--Any person arrested in 27 violation of this section shall, upon written notice, be given 28 the opportunity to correct the violation within 48 hours. If 29 sufficient proof of correction is furnished to the arresting 30 officer or his representative within 48 hours of the delivery of 19750H1817B3002 - 250 -
1 the written notice, no prosecution of the violation shall be 2 brought. 3 (d) Limitation on alteration of system.--No person shall 4 intentionally change or alter a factory installed smoke control 5 system on any diesel-powered vehicle or its fuel system so as to 6 limit the ability of the system to control smoke, and no person 7 shall remove the smoke control system except for repair or 8 installation of a proper replacement. 9 § 4533. Spray protection. 10 Every motor vehicle and combination operated on a highway 11 shall be equipped with fenders or other devices or be otherwise 12 constructed as to prevent MINIMIZE THE THROWING OF water, dirt <-- 13 or other road substances from being thrown from the rear wheels <-- 14 into following traffic. 15 § 4534. Rear-view mirrors. 16 No person shall operate a motor vehicle or combination on a 17 highway unless the vehicle or combination is equipped with at 18 least one mirror, or similar device, which provides the driver 19 an unobstructed view of the highway to the rear of the vehicle 20 or combination. 21 § 4535. Audible warning devices. 22 (a) General rule.--Every motor vehicle operated on a highway 23 shall be equipped with a horn or other audible warning device of 24 a type approved in regulations of the department. 25 (b) Certain sound devices prohibited.--Except as 26 specifically provided in this part or by regulations of the 27 department, no vehicle operated on a highway shall be equipped 28 with a siren, bell, whistle or any device emitting a similar 29 sound or any unreasonably loud or harsh sound. 30 § 4536. Bumpers. 19750H1817B3002 - 251 -
1 No person shall operate any vehicle upon a highway without 2 bumpers of a type specified by regulations of the department in 3 both the front and rear unless the vehicle was originally 4 designed and manufactured to be used without bumpers. 5 SUBCHAPTER C 6 VEHICLES FOR TRANSPORTATION OF SCHOOL CHILDREN 7 Sec. 8 4551. Safety regulations. 9 4552. General requirements for school buses. 10 4553. General requirements for other vehicles transporting 11 school children. 12 § 4551. Safety regulations. 13 (a) General rule.--All school buses and all other vehicles 14 used in the transportation of school children, owned by or under 15 contract with any school district or parochial or private 16 school, shall conform to standards prescribed by the department. 17 Regulations shall be promulgated by the department governing the 18 safe design, construction, equipment and operation of vehicles 19 engaged in the transportation of school children. 20 (b) Violation and penalty.--No person shall operate or 21 permit the operation of a vehicle of a type specified in this 22 subchapter which is not in compliance with the requirements of 23 this subchapter or applicable regulations issued under this 24 subchapter. Violation of this section constitutes a summary 25 offense punishable by a fine of not less than $50 nor more than 26 $100. 27 § 4552. General requirements for school buses. 28 (a) Color and identification.--Every school bus shall be of 29 a uniform color scheme and labeled "School Bus" on both front 30 and rear as provided by regulation. Exterior labels and markings 19750H1817B3002 - 252 -
1 other than those specifically required or permitted by law or 2 regulation shall be prohibited. 3 (b) Visual signals.--In addition to the applicable lighting 4 requirements of Chapter 43 (relating to lighting equipment) 5 every school bus shall be equipped with a uniform front and rear 6 system of red and amber visual signals for the warning and 7 control of traffic during route operations as provided in 8 section 3345 (relating to meeting or overtaking school bus) and 9 in regulations of the department. 10 (c) Body construction.--Every school bus shall be designed 11 and constructed to provide a single, closed metal body with 12 adequate ventilation and an entrance door of adequate clearance 13 and safe design visible to and controlled only by the driver. At 14 least one emergency exit door of safe design and construction 15 and adequate labeling shall be located in or near the rear of 16 the school bus. All side windows shall be of a safe design which 17 will provide emergency egress for passengers. 18 (d) Seating.--Adequate seating space of safe design and 19 construction shall be provided for each passenger and no 20 passenger shall be carried for which adequate seating space is 21 not available and used. 22 (e) Visibility.--Every school bus shall be designed and 23 equipped so as to provide the driver with an unobstructed view 24 of any pedestrian in proximity to the vehicle. 25 (f) Emergency equipment.--Every school bus shall carry, in 26 good and usable condition, at least one fire extinguisher of 27 adequate size and type and such other emergency equipment as 28 regulations may prescribe. 29 (g) Emergency drills.--Each school district and the 30 administration of every private school within this Commonwealth 19750H1817B3002 - 253 -
1 shall ensure, through adequate instruction and a minimum of two 2 actual drills each year, that every student is familiar with 3 school bus emergency procedures and equipment and safe loading 4 and unloading operations. 5 (h) Duty of department.--The department shall by regulation 6 adopt specific requirements implementing this section and any 7 additional requirements, not inconsistent with this section, 8 which will ensure the maximum safety of school children 9 furnished transportation. Unless required by Federal law or 10 regulation, the regulations established by the department shall 11 not require vehicles which pick up and discharge school children 12 only at locations off the highway to be of any particular color 13 or to display flashing red and amber lights. 14 § 4553. General requirements for other vehicles transporting 15 school children. 16 (a) Buses operated by urban mass transportation systems.-- 17 Buses, other than school buses, operated by urban mass 18 transportation systems for the exclusive transportation of 19 school children shall comply with Federal safety standards and 20 such other safety regulations as the Pennsylvania Public Utility 21 Commission and the department shall provide for such buses. 22 (b) Other vehicles.--A motor vehicle used to transport 23 children to or from school or in connection with school 24 activities, which is not a school bus because of its limited 25 seating capacity, shall comply with regulations established by 26 the department for such vehicles. Unless required by Federal law 27 or regulation, the regulations established by the department 28 shall not require vehicles which pick up and discharge school 29 children only at locations off the highway to be of any 30 particular color OR to display flashing red and amber lights. <-- 19750H1817B3002 - 254 -
1 SUBSECTION D
2 EQUIPMENT OF AUTHORIZED AND EMERGENCY VEHICLES
3 Sec.
4 4571. Visual and audible signals on emergency vehicles.
5 4572. Visual signals on authorized vehicles.
6 § 4571. Visual and audible signals on emergency vehicles.
7 (a) General rule.--Every emergency vehicle shall be equipped
8 with one or more revolving or flashing red lights of sufficient
9 intensity to be visible in all directions at 500 feet in normal
10 sunlight and an audible warning system of a type approved by the
11 department. Police AND FIRE vehicles and fire equipment may be <--
12 equipped with a mounted rack containing one or more emergency
13 warning lights or side mounted adjustable flood lights, or both.
14 ANY POLICE DEPARTMENT MAY ATTACH OR MOUNT ON THE EXTERIOR OF ANY <--
15 POLICE VEHICLE SPOTLIGHTS WITH AN ADJUSTABLE SOCKET. THIS
16 SPOTLIGHT SHALL BE USED ONLY FOR EMERGENCY ILLUMINATING
17 PURPOSES.
18 (b) Police vehicles in general.--Police vehicles may, in
19 addition to the requirements of subsection (a), be equipped with
20 approved revolving or flashing blue lights. The combination of
21 red and blue lights may be used only on police vehicles.
22 (c) Unmarked police vehicles.--An unmarked police vehicle
23 when used as an emergency vehicle and equipped with an approved
24 audible warning system may be equipped with the lights described
25 in subsections (a) and (b).
26 (d) Vehicles prohibited from using signals.--Except as
27 otherwise specifically provided in this part, no vehicle other
28 than an emergency vehicle may be equipped with lights or audible
29 warning systems identical or similar to those specified in
30 subsections (a) and (b).
19750H1817B3002 - 255 -
1 (e) Authorized period of use.--The lights and warning 2 systems specified by this section may be used only during an 3 emergency or in the interest of public safety and by police 4 officers in enforcement of the law. 5 (F) GAME COMMISSION VEHICLES.--ANY VEHICLE OWNED AND <-- 6 OPERATED BY THE PENNSYLVANIA GAME COMMISSION MAY BE EQUIPPED 7 WITH REVOLVING OR FLASHING RED LIGHTS IN ACCORDANCE WITH 8 SUBSECTION (A). 9 § 4572. Visual signals on authorized vehicles. 10 (a) Flashing or revolving blue lights.--Ambulance personnel, 11 volunteer firefighters and owners and handlers of dogs used in 12 tracking humans may each equip one motor vehicle with no more 13 than two flashing or revolving blue lights. 14 (1) In order to be eligible to display lights on their 15 vehicles under this subsection, the names of the ambulance 16 personnel and volunteer firefighters shall be submitted to 17 the nearest station of the Pennsylvania State Police on a 18 list signed by the chief of the ambulance or fire department 19 or company and each dog owner and handler shall register at 20 the nearest Pennsylvania State Police station. 21 (2) The manner in which the lights are displayed and 22 their intensity shall be determined by regulation of the 23 department. 24 (3) The lights shall be operable by the driver from 25 inside the vehicle. 26 (4) The lights may be used only while enroute to or at 27 the scene of a fire or emergency call. 28 (5) The lights shall be removed from the vehicle within 29 ten days of receipt of notice from the chief of the ambulance 30 or fire department or company to remove the lights upon 19750H1817B3002 - 256 -
1 termination of the person's status as an active volunteer 2 firefighter or ambulance person or upon termination of the 3 person's active status as a dog owner or handler, or when the 4 vehicle is no longer used in connection with the person's 5 duties as a volunteer firefighter or ambulance person or dog 6 owner or handler. 7 (6) This subsection does not relieve the driver from the 8 duty to drive with due regard for the safety of all persons 9 nor exempt the driver from complying with all provisions of 10 this title. 11 (b) Flashing or revolving yellow lights.--Vehicles 12 authorized pursuant to the provisions of section 6107 (relating 13 to designation of authorized vehicles by department) may be 14 equipped with no more than two flashing or revolving yellow 15 lights. The manner in which the light shall be displayed and the 16 intensity shall be determined by regulation of the department. 17 (c) Vehicles prohibited from using lights.--No vehicle other 18 than a duly authorized vehicle may be equipped with lights 19 identical or similar to those specified in subsections (a) and 20 (b). 21 CHAPTER 47 22 INSPECTION OF VEHICLES 23 Subchapter 24 A. Inspection Requirements 25 B. Official Inspection Stations 26 SUBCHAPTER A 27 INSPECTION REQUIREMENTS 28 Sec. 29 4701. Duty to comply with inspection laws. 30 4702. Requirement for periodic inspection of vehicles. 19750H1817B3002 - 257 -
1 4703. Operation of vehicle without official certificate of 2 inspection. 3 4704. Notice by police officers of violation. 4 4705. Inspection of vehicles for transportation of school 5 children. 6 § 4701. Duty to comply with inspection laws. 7 No owner or driver shall refuse to submit a vehicle to any 8 inspection and test that is authorized or required by the 9 provisions of this chapter. 10 § 4702. Requirement for periodic inspection of vehicles. 11 (a) General rule.--Every vehicle registered in this 12 Commonwealth, EXCEPT FIRE FIGHTING, ANTIQUE AND CLASSIC <-- 13 VEHICLES, shall be inspected semi-annually on a schedule 14 established by the department and an official certificate of 15 inspection and approval obtained for the vehicle. ANY VEHICLE <-- 16 OWNED OR OPERATED BY ANY PAID OR VOLUNTEER FIRE DEPARTMENT OR 17 COMPANY AND WHICH IS USED FOR FIRE FIGHTING PURPOSES SHALL BE 18 INSPECTED ANNUALLY ON A SCHEDULE ESTABLISHED BY THE DEPARTMENT. 19 ANTIQUE AND CLASSIC VEHICLES WITH ANTIQUE OR CLASSIC VEHICLE 20 PLATES ISSUED PURSUANT TO SECTION 1340 (RELATING TO ANTIQUE AND 21 CLASSIC PLATES) SHALL BE INSPECTED ANNUALLY AND AN OFFICIAL 22 CERTIFICATE OF INSPECTION AND APPROVAL OBTAINED FOR THE VEHICLE. 23 The items of equipment and the method of inspection shall be in 24 accordance with regulations of the department. 25 (b) Inspection of vehicles reentering this Commonwealth.-- 26 Owners of Pennsylvania registered vehicles which have been 27 outside of this Commonwealth continuously for 30 days or more 28 and which at the time of reentering this Commonwealth do not 29 bear a currently valid certificate of inspection and approval 30 shall, within five days of reentering this Commonwealth, proceed 19750H1817B3002 - 258 -
1 to an official inspection station for an inspection of the 2 vehicle. 3 (c) Extension of inspection period.--The department may, by 4 regulation, extend the time for any of the inspections required 5 by this chapter for not more than 30 days due to weather 6 conditions or other causes which render compliance with the 7 provisions of this chapter within the prescribed time difficult 8 or impossible. 9 (d) Exception.--This section does not apply to special 10 mobile equipment. 11 § 4703. Operation of vehicle without official certificate of 12 inspection. 13 (a) General rule.--No motor vehicle or trailer shall be 14 driven on a highway unless the vehicle displays a currently 15 valid certificate of inspection and approval. 16 (b) Exceptions.--Subsection (a) does not apply to any 17 vehicle while it is being towed to an official inspection 18 station nor to any vehicle while being operated by an owner or 19 employee of an official inspection station for the purpose of 20 inspection. 21 (c) Display of unauthorized certificate of inspection.--No 22 certificate of inspection and approval shall be displayed unless 23 an official inspection has been made and the vehicle is in 24 conformance with the provisions of this chapter. 25 (d) Authority of police.--Any police officer may stop any 26 motor vehicle or trailer and require the owner or operator to 27 display an official certificate of inspection and approval for 28 the vehicle being operated. A police officer may summarily 29 remove an unlawfully issued certificate of inspection from any 30 vehicle. 19750H1817B3002 - 259 -
1 § 4704. Notice by police officers of violation. 2 (a) General rule.--Any police officer having probable cause 3 to believe that any vehicle, regardless of whether it is being 4 operated, is unsafe or not equipped as required by law may at 5 any time submit a written notice of the condition to the driver 6 of the vehicle or to the owner, or if neither is present, to an 7 adult occupant of the vehicle, or if the vehicle is unoccupied, 8 the notice shall be attached to the vehicle in a conspicuous 9 place. 10 (1) If an item of equipment is broken or missing, the 11 notice shall specify the particulars of the condition and 12 require that the equipment be adjusted or repaired. Within 13 five days evidence must be submitted to the police that the 14 requirements for repair have been satisfied. 15 (2) If the police officer has probable cause to believe 16 that a vehicle is unsafe or not in proper repair, he may 17 require in the written notice that the car be inspected. The 18 owner or driver shall submit to the police within five days 19 of the date of notification certification from an official 20 inspection station that the vehicle has been restored to safe 21 operating condition in relation to the particulars specified 22 on the notice. 23 (3) After the expiration of the five-day period 24 specified in paragraphs (1) and (2), the vehicle shall not be 25 operated upon the highways of this Commonwealth until the 26 owner or driver has submitted to the police evidence of 27 compliance with the requirements of paragraph (1) or (2), 28 whichever is applicable. 29 (b) Operation prohibited if hazardous.--In the event a 30 vehicle, in the reasonable judgment of the officer, is in such 19750H1817B3002 - 260 -
1 condition that further operation would be hazardous, the officer 2 may require that the vehicle not be operated under its own power 3 and may so stipulate in the notice given under subsection (a). 4 § 4705. Inspection of vehicles for transportation of school 5 children. 6 (a) State Police inspection.--The owner of every vehicle <-- 7 which is to be used for the transportation of school children 8 SCHOOL BUS shall, in addition to any other inspection required <-- 9 by this chapter, submit the vehicle to the Pennsylvania State 10 Police annually prior to operating the vehicle for the 11 transportation of school children during the school year, to 12 determine whether the vehicle conforms with the provisions of 13 this chapter including regulations promulgated by the 14 department. If the vehicle is in conformance, a certificate of 15 inspection and approval shall be issued by the Pennsylvania 16 State Police. 17 (b) Display of certificate.--No vehicle requiring a 18 certificate of inspection under the provisions of this section 19 shall be operated without prominently displaying the 20 certificate, in the manner directed by the department, in 21 addition to any other certificate required by law, on any of the 22 highways of this Commonwealth. 23 SUBCHAPTER B 24 OFFICIAL INSPECTION STATIONS 25 Sec. 26 4721. Appointment of official inspection stations. 27 4722. Certificate of appointment. 28 4723. Certificate of appointment for inspecting fleet 29 vehicles. 30 4724. Suspension of certificates of appointment. 19750H1817B3002 - 261 -
1 4725. Use of certificate of appointment at official inspection 2 stations. 3 4726. Certification of mechanics. 4 4727. Issuance of certificate of inspection. 5 4728. Display of certificate of inspection. 6 4729. Removal of certificate of inspection. 7 4730. Violations of use of certificate of inspection. 8 4731. Records of inspections and certificates issued. 9 4732. Inspection Advisory Board. 10 § 4721. Appointment of official inspection stations. 11 For the purpose of establishing a system of official 12 inspection stations, the department shall issue certificates of 13 appointment to privately owned facilities WITHIN THIS <-- 14 COMMONWEALTH that comply with the requirements of this chapter 15 and regulations adopted by the department. The department shall 16 issue instructions and all necessary forms to such facilities. 17 Official inspection stations are authorized to inspect vehicles 18 and issue official certificates of inspection. 19 § 4722. Certificate of appointment. 20 (a) Application and issuance.--Application for a certificate 21 of appointment shall be made upon an official form and <-- 22 accompanied by the appropriate fee. The certificate of 23 appointment shall be issued only when the department is 24 satisfied that the station is equipped properly and has 25 competent personnel to make inspections and adjustments and that 26 inspections will be conducted properly. Only those stations 27 fulfilling department requirements and complying with department 28 regulations shall be issued a certificate of appointment. 29 (b) Separate application for each place of business.--If the 30 applicant has or intends to have more than one place of business 19750H1817B3002 - 262 -
1 within this Commonwealth, a separate application shall be made 2 for each place of business. 3 (c) Bond or proof of insurance.--Before issuing a 4 certificate of appointment the department shall require a bond 5 or proof of insurance to provide compensation for any damage to 6 a vehicle during an inspection or adjustment due to negligence 7 on the part of the applicant or its employees in such amount as 8 is deemed adequate by the department pursuant to department 9 regulations. 10 § 4723. Certificate of appointment for inspecting fleet 11 vehicles. 12 The department may issue a certificate of appointment under 13 the provisions of this chapter to any person who owns or leases 14 15 or more vehicles and who meets the requirements of this 15 chapter and regulations adopted by the department. The 16 certificate of appointment may authorize inspection of only 17 those vehicles owned or leased by such person. 18 § 4724. Suspension of certificates of appointment. 19 (a) General rule.--The department shall supervise and 20 inspect official inspection stations and shall suspend the 21 certificate of appointment issued to a station which it finds is 22 not properly equipped or conducted or which has violated or 23 failed to comply with any of the provisions of this chapter or 24 regulations adopted by the department. The department shall 25 maintain a list of all stations holding certificates of 26 appointment and of those whose certificates of appointment have 27 been suspended. Any suspended certificate of appointment and all 28 unused certificates of inspection shall be returned immediately 29 to the department. 30 (b) Judicial review.--Any person whose certificate of 19750H1817B3002 - 263 -
1 appointment has been denied or suspended under this chapter 2 shall have the right to file a petition within 30 days for a 3 hearing on the matter in the court of common pleas of the county 4 in which the inspection station is located. The court is hereby 5 vested with jurisdiction and it shall be its duty to set the 6 matter for hearing upon 30 days' written notice to the 7 department and to take testimony and examine into the facts of 8 the case and to determine whether the petitioner is entitled to 9 a certificate of appointment or is subject to suspension of the 10 certificate of appointment under the provisions of this chapter. 11 § 4725. Use of certificate of appointment at official 12 inspection stations. 13 (a) General rule.--No person shall in any manner represent 14 any place as an official inspection station unless the station 15 is operating under a valid certificate of appointment issued by 16 the department. 17 (b) Transfer, use and posting.--No certificate of 18 appointment for any official inspection station shall be 19 assigned or transferred or used at any location other than the 20 one designated in the certificate. The certificate of 21 appointment shall be posted in a conspicuous place at such 22 location. 23 (c) Penalty.--Any person violating this section for the 24 first time is guilty of a summary offense and shall, upon 25 conviction, be sentenced to pay a fine of $100. Any subsequent 26 violation of this section constitutes a misdemeanor of the third 27 degree punishable by a fine of not less than $500. 28 § 4726. Certification of mechanics. 29 No mechanic shall conduct motor vehicle inspections at an 30 official inspection station unless certified as to training, 19750H1817B3002 - 264 -
1 qualifications and competence by the department according to 2 department regulations. No official inspection station 3 appointment shall be issued or renewed unless a certified 4 official inspection mechanic is there employed. 5 § 4727. Issuance of certificate of inspection. 6 (a) Requirements prior to inspection.--No vehicle shall be 7 inspected unless it is duly registered and the registration card 8 is signed and contains the information required by section 9 1311(a) (relating to registration card to be signed and 10 exhibited on demand). 11 (b) Requirements for issuance of certificate.--An official 12 certificate of inspection shall not be issued unless the vehicle 13 is inspected and found to be in compliance with the provisions 14 of this chapter including any regulations promulgated by the 15 department. Notation of the odometer reading shall be included 16 on the certificate of inspection. 17 § 4728. Display of certificate of inspection. 18 The appropriate inspection certificate OF INSPECTION shall be <-- 19 affixed to the rear window of the vehicle, or as specified in <-- 20 regulations adopted by the department. 21 § 4729. Removal of certificate of inspection. 22 No certificate of inspection shall be removed from a vehicle 23 for which the certificate was issued except to replace it with a 24 new certificate of inspection issued in accordance with the 25 provisions of this chapter or as follows: 26 (1) The police officer may remove an inspection A <-- 27 certificate OF INSPECTION in accordance with the provisions <-- 28 of section 4703(d) (relating to operation of vehicle without 29 official certificate of inspection). 30 (2) A person replacing a windshield or repairing a 19750H1817B3002 - 265 -
1 windshield in such a manner as to require removal of an <-- 2 inspection sticker shall destroy the inspection sticker. A <-- 3 CERTIFICATE OF INSPECTION SHALL CUT OUT THE PORTION OF THE 4 WINDSHIELD CONTAINING THE CERTIFICATE AND DELIVER IT TO THE 5 REGISTRANT OF THE VEHICLE OR, AT THE OPTION OF THE 6 REGISTRANT, DESTROY THE CERTIFICATE. THE REGISTRANT SHALL 7 DISPLAY THE PORTION OF THE OLD WINDSHIELD CONTAINING THE 8 CERTIFICATE AS PRESCRIBED IN DEPARTMENT REGULATIONS UNTIL THE 9 VEHICLE IS NEXT INSPECTED. 10 (3) A salvor shall remove and destroy the inspection <-- 11 certificate OF INSPECTION on every vehicle in his possession <-- 12 except vehicles used in the operation of the business of the 13 salvor. 14 § 4730. Violations of use of certificate of inspection. 15 (a) General rule.--No person shall: 16 (1) make, issue, transfer or possess any imitation or 17 counterfeit of an official certificate of inspection; or 18 (2) display or cause to be displayed on any vehicle or 19 have in possession any certificate of inspection knowing the 20 same to be fictitious or stolen or issued for another vehicle 21 or issued without an inspection having been made. 22 (b) Unauthorized use by official inspection station.--No 23 official inspection station shall furnish, loan, give or sell 24 certificates of inspection and approval to any other official 25 inspection station or any other person except upon an inspection 26 made in accordance with the requirements of this chapter. 27 (c) Penalty.--A first offense of violating the provisions of 28 this section constitutes a summary offense punishable by a fine 29 of $100. A second or subsequent offense constitutes a 30 misdemeanor of the third degree. 19750H1817B3002 - 266 -
1 § 4731. Records of inspections and certificates issued. 2 A record shall be made of every inspection and every 3 certificate issued and the record shall be forwarded to the 4 department in the manner and at the time the department shall 5 specify by regulation. An official inspection station and its 6 records shall be open for inspection by any police officer or 7 authorized department employee. 8 § 4732. Inspection Advisory Board. 9 (a) Membership.--There shall be an Inspection Advisory Board 10 consisting of nine 11 members appointed by the secretary. The <-- 11 board shall be composed of an authorized representative of the 12 department AND OF THE PENNSYLVANIA STATE POLICE and <-- 13 representatives of the automotive industry and the public, as 14 follows: a new car dealer, a used car dealer, a fleet owner, a 15 certified mechanic, a service station operator, a parts and 16 equipment wholesaler, an independent repair shop operator and 17 one member TWO MEMBERS of the general public who is a licensed <-- 18 driver. ARE LICENSED DRIVERS. <-- 19 (b) Duties.--The board shall advise the department and 20 review regulations proposed by the department concerning 21 inspection requirements and operation of official inspection 22 stations. 23 CHAPTER 49 24 SIZE, WEIGHT AND LOAD 25 Subchapter 26 A. General Provisions 27 B. Width, Height and Length 28 C. Maximum Weights of Vehicles 29 D. Special Permits for Excessive Size and Weight 30 E. Measuring and Adjusting Vehicle Size and Weight 19750H1817B3002 - 267 -
1 SUBCHAPTER A 2 GENERAL PROVISIONS 3 Sec. 4 4901. Scope and application of chapter. 5 4902. Restrictions on use of highways and bridges. 6 4903. Securing loads in vehicles. 7 4904. Limits on number of towed vehicles. 8 4905. Safety requirements for towed vehicles. 9 4906. Fire apparatus. 10 4907. Penalty for violation of chapter. 11 § 4901. Scope and application of chapter. 12 (a) General rule.--It is unlawful for any person to drive or 13 move, or for the owner to cause or permit to be driven or moved, 14 on any highway any vehicle or vehicles of a size or weight 15 exceeding the limitations provided in this chapter or any 16 vehicle or vehicles which are not so constructed or equipped as 17 required in this title or the regulations of the department. 18 (b) Limitations on local regulation.--The maximum size and 19 weight of vehicles specified in this chapter shall govern 20 throughout this Commonwealth and local authorities shall have no 21 power or authority to alter these limitations except as express 22 authority may be granted in this title. 23 (c) Permit authorizing prohibited movement.--If an 24 overweight or oversize movement cannot be made in any other 25 feasible manner, the permit may authorize the movement to be 26 made in contravention to any provision of this title provided 27 that: 28 (1) the department or local authority determines that 29 the movement is in the public interest; and 30 (2) the movement is escorted by the Pennsylvania State 19750H1817B3002 - 268 -
1 Police or department personnel while any provision of this 2 title is being contravened. 3 § 4902. Restrictions on use of highways and bridges. 4 (a) General rule.--The department and local authorities with 5 respect to highways and bridges under their jurisdictions may 6 prohibit the operation of vehicles and may impose restrictions 7 as to the weight or size of vehicles operated upon a highway or 8 bridge whenever the highway or bridge, by reason of 9 deterioration or rain, snow or other climatic conditions, may be 10 damaged or destroyed unless the use of vehicles is prohibited or 11 the permissible weights reduced. 12 (b) Permit with bond.--The department and local authorities 13 may issue permits for movement of vehicles of size and weight in 14 excess of the restrictions promulgated under subsection (a) with 15 respect to highways and bridges under their jurisdiction, 16 conditioned upon the execution of a surety bond by the user in 17 favor of the department or local authorities to cover the cost 18 of repairs necessitated by the movement. 19 (c) Restrictions from traffic conditions.--The department 20 and local authorities with respect to highways and bridges under 21 their jurisdictions may prohibit the operation of vehicles and 22 may impose restrictions as to the weight or size of vehicles 23 operated upon a highway or bridge by reason of hazardous traffic 24 conditions or other safety factors. 25 (d) Erection of signs.--The department and the local 26 authorities shall erect or cause to be erected and maintained 27 signs designating the restrictions at each end of that portion 28 of any highway or bridge restricted as provided in subsections 29 (a) and (c). The restrictions shall not be effective unless 30 signs are erected and maintained in accordance with this 19750H1817B3002 - 269 -
1 subsection. 2 § 4903. Securing loads in vehicles. 3 (a) General rule.--No vehicle shall be driven or moved on 4 any highway unless the vehicle is so constructed or loaded as to 5 prevent any of its load from dropping, sifting, leaking or 6 otherwise escaping. 7 (b) Fastening load.--Every load on a vehicle shall be 8 fastened so as to prevent the load or covering from becoming 9 loose, detached or in any manner a hazard to other users of the 10 highway. 11 (c) Load of logs.--Every load of logs on a vehicle shall be 12 securely fastened with at least three binders, chains or straps 13 and, in the case of an open-body or stake-body vehicle, trailer 14 or semi-trailer there shall be a sufficient number of vertical 15 metal stakes or posts securely attached on each side of the 16 vehicle, trailer or semi-trailer at least as high as the top of 17 the load to secure such load in the event of a failure of the 18 binders, chains or straps. 19 (d) Establishment of standards for fastening devices.--The 20 department may promulgate regulations establishing minimum 21 standards governing types and numbers of devices to be used in 22 securing loads to prevent spillage and leakage of a load while 23 in transit. 24 (e) Exceptions.--This section does not prohibit: 25 (1) the necessary spreading of any substance in highway 26 maintenance or construction operations; or 27 (2) the shedding or dropping of feathers or other matter 28 from vehicles hauling live birds or animals. 29 § 4904. Limits on number of towed vehicles. 30 (a) General rule.--No motor vehicle shall be operated upon a 19750H1817B3002 - 270 -
1 highway towing more than one other vehicle except as otherwise
2 provided in this section.
3 (b) Farm tractors.--Farm tractors may tow no more than two
4 other vehicles when engaged in agricultural operations.
5 (c) Towing vehicles requiring service.--A dolly not
6 exceeding ten feet in length may be towed by a motor vehicle for
7 the purpose of towing another vehicle requiring service.
8 (d) Driveaway-towaway operations.--Not more than two THREE <--
9 truck-tractors, empty trucks or chassis therefor, may be towed
10 by a truck-tractor, truck or the chassis thereof, provided that
11 only the rear wheels of the drawn vehicles shall touch the road
12 surface.
13 § 4905. Safety requirements for towed vehicles.
14 (a) Connecting devices and distances.--When one vehicle is
15 towing another, the connection shall be of sufficient strength
16 to pull all weight towed. The distance between the vehicles
17 shall not exceed 15 feet except between any two vehicles
18 transporting poles, pipes, machinery or other objects of a
19 structural nature such that they cannot readily be dismembered.
20 (b) Red flags and lights.--If the distance between the
21 vehicles exceeds five feet, a red flag or cloth not less than 12
22 inches square shall be displayed upon the connection centered
23 between the vehicles. During hours of darkness a red light shall
24 be displayed at the same position in lieu of the flag or cloth.
25 (c) Deflection of trailer wheels.--Every trailer shall be
26 attached to the vehicle drawing it so as to prevent the wheels
27 of the trailer from deflecting more than six inches from the
28 path of the drawing vehicle's wheels.
29 (d) Safety chains.--Whenever two vehicles are connected by a
30 ball-and-socket type hitch, or pintle hook without a locking
19750H1817B3002 - 271 -
1 device, they shall also be connected by two safety chains of 2 equal length, each safety chain having an ultimate strength at 3 least equal to the gross weight of the towed vehicles. The 4 safety chains shall be crossed and connected to the towed and 5 towing vehicle and to the tow bar so as to prevent the tow bar 6 from dropping to the ground in the event the tow bar fails or 7 becomes disconnected. The safety chains shall have no more slack 8 than is necessary to permit proper turning. 9 (e) Obstructed lighting equipment.--Whenever the rear 10 running lights, stop lights, turn signals or hazard warning 11 lights required by the provisions of Chapter 43 (relating to 12 lighting equipment) are obstructed by the load on a vehicle or 13 by a towed vehicle or its load, lighting equipment shall be 14 displayed on the rear of the towed vehicle or load equivalent to 15 the obstructed lights or signals. 16 § 4906. Fire apparatus. 17 This chapter does not apply to fire apparatus unless 18 specifically provided otherwise. 19 § 4907. Penalty for violation of chapter. 20 Any person violating any provision of this chapter for which 21 a penalty is not otherwise provided is guilty of a summary 22 offense and shall, upon conviction, be sentenced to pay a fine 23 of not less than $50 nor more than $100. 24 SUBCHAPTER B 25 WIDTH, HEIGHT AND LENGTH 26 Sec. 27 4921. Width of vehicles. 28 4922. Height of vehicles. 29 4923. Length of vehicles. 30 4924. Limitations on length of projecting loads. 19750H1817B3002 - 272 -
1 4925. Width of projecting loads on passenger vehicles. 2 § 4921. Width of vehicles. 3 (a) General rule.--The total outside width of a vehicle, 4 including any load, shall not exceed eight feet, excluding TIRES <-- 5 OR any necessary mirrors or lights, except as otherwise provided 6 in this section. 7 (b) Farm vehicles.-- 8 (1) Any implement of husbandry or vehicle loaded with 9 vegetable produce or forage crops and not exceeding ten feet 10 in width may operate between sunrise and sunset on highways 11 other than freeways. 12 (2) Any implement of husbandry not exceeding 12 feet 14 <-- 13 FEET 6 INCHES in width may be operated, hauled or towed 14 between sunrise and sunset on highways other than freeways if 15 the movement is limited to a radius of five miles from the 16 home or farm of the owner, or from the place of business of a 17 dealer in implements of husbandry. THE DRIVER SHALL DRIVE AS <-- 18 CLOSE TO THE RIGHT SIDE OF THE HIGHWAY AS POSSIBLE. 19 (c) Buses.--Any bus operated wholly within a municipality, 20 where permitted by the municipality, or in more than one 21 municipality, where approved by the Public Utility Commission, 22 may have a total outside width not to exceed eight feet six 23 inches when operated upon a highway having traffic-lane widths 24 of not less than ten feet. This subsection does not apply on the <-- 25 National System of Interstate and Defense Highways. 26 (d) Nondivisible loads.--Vehicles carrying nondivisible 27 loads not exceeding eight feet six inches in width may operate 28 on any highway having a roadway width of 20 feet or more. This 29 subsection does not apply on the National System of Interstate 30 and Defense Highways. 19750H1817B3002 - 273 -
1 (e) Exceptions.--The provisions of this subchapter governing 2 the width of vehicles do not apply to street sweepers and snow 3 removal equipment. 4 § 4922. Height of vehicles. 5 (a) General rule.--No vehicle, including any load, shall 6 exceed a height of 13 feet 6 inches. This provision shall not be 7 construed to require public authorities to provide sufficient 8 vertical clearance to permit the operation of such vehicles. 9 (b) Buses.--Any bus operated wholly within a municipality, 10 where permitted by the municipality, or in more than one 11 municipality, where approved by the Public Utility Commission, 12 may be of a total height, including load, not to exceed 14 feet 13 6 inches. 14 (c) Exceptions.--The provisions of this subchapter governing 15 the height of vehicles do not apply to fire apparatus or to 16 vehicles used exclusively to repair overhead lights and wires. 17 § 4923. Length of vehicles. 18 (a) General rule.--No motor vehicle, including any load and 19 bumpers, shall exceed an overall length of 40 feet, and no 20 combination, including any load and bumpers, shall exceed an 21 over-all length of 55 feet. 22 (b) Exceptions.--The limitations of (a) do not apply to the 23 following: 24 (1) Any motor vehicle equipped with a boom or boom-like 25 device if the vehicle does not exceed 55 feet. 26 (2) The load on a combination designed exclusively for 27 carrying motor vehicles if the overall length of the 28 combination and load does not exceed 60 feet. 29 (3) Any combination transporting articles which do not 30 exceed 70 feet in length and are nondivisible as to length. 19750H1817B3002 - 274 -
1 § 4924. Limitations on length of projecting loads. 2 (a) General rule.--Subject to the provisions of this 3 subchapter limiting the length of vehicles and loads, the load 4 upon any vehicle or the load upon the front vehicle of a 5 combination of vehicles shall not extend more than three feet 6 beyond the foremost part of the vehicle, and the load upon any 7 vehicle operated alone or the load, other than a non-divisible 8 load, upon the rear vehicle of a combination shall not extend 9 more than six feet beyond the rear of the bed or body of such 10 vehicle. 11 (b) Red flags and lights.--If the load on any vehicle 12 extends more than four feet beyond the rear of the vehicle, a 13 red flag or cloth not less than 12 inches square shall be 14 displayed at the end of the load. During hours of darkness, a 15 red light shall be displayed in the same position in lieu of the 16 flag or cloth. 17 (c) Compliance with maximum length limitations.--Subsection 18 (a) does not permit loads to exceed the maximum limits set forth 19 in section 4923 (relating to length of vehicles). 20 § 4925. Width of projecting loads on passenger vehicles. 21 (a) General rule.--No passenger-type vehicle shall be 22 operated on any highway with a load extending beyond the left 23 side of the vehicle nor extending more than 12 inches beyond the 24 right side of the vehicle. 25 (b) Exception.--This section does not apply to emergency 26 vehicles. 27 SUBCHAPTER C 28 MAXIMUM WEIGHTS OF VEHICLES 29 Sec. 30 4941. Maximum gross weight of vehicles. 19750H1817B3002 - 275 -
1 4942. Registered gross weight. 2 4943. Maximum axle weight of vehicles. 3 4944. Maximum wheel load. 4 4945. Penalties for exceeding maximum weights. 5 4946. Impoundment of vehicles for nonpayment of overweight 6 fines. 7 4947. Disposition of impounded vehicles and loads. 8 4948. Maximum weight and seating capacity of buses. 9 § 4941. Maximum gross weight of vehicles. 10 (a) General rule.--No vehicle or combination shall, when 11 operated upon a highway, have a gross weight exceeding 73,280 12 pounds. 13 (b) Combination of vehicles.--No combination shall, when 14 operated upon a highway, have a gross weight exceeding the 15 following: 16 Maximum 17 Combination of vehicles Gross Weight 18 In Pounds 19 Two-axle truck-tractor & single-axle semitrailer 50,000 20 Two-axle truck-tractor & two-axle semitrailer 60,000 21 Three-axle truck-tractor & single-axle semitrailer 60,000 22 Two-axle truck & two-axle trailer 62,000 23 § 4942. Registered gross weight. 24 (a) Single vehicle limits.--No vehicle registered as a 25 truck, a combination or a trailer shall be operated with a gross 26 weight in excess of its registered gross weight. 27 (b) Truck towing trailer.--No vehicle registered as a truck 28 shall be operated with a gross weight, exclusive of any trailer 29 being towed, in excess of its registered gross weight as a 30 truck. 19750H1817B3002 - 276 -
1 (c) Combination.--No combination containing a trailer having 2 a registered gross weight in excess of 10,000 pounds shall be 3 operated with a gross weight in excess of the registered gross 4 weight of the truck or truck-tractor for a combination. 5 § 4943. Maximum axle weight of vehicles. 6 (a) General rule.--No motor vehicle or combination shall, 7 when operated upon a highway, have a weight upon each of two 8 adjacent axles in excess of the following: 9 If the Center-to-Center Maximum Axle Weight in Pounds Upon: 10 Distance Between Two 11 Adjacent Axles is: One of Two Other of Two 12 Adjacent Axles Adjacent Axles 13 Under 6 feet 18,000 18,000 14 6 to 8 feet 18,000 22,400 15 Over 8 feet 22,400 22,400 16 (b) Location of front axle of semitrailer.--No semitrailer, 17 originally in this Commonwealth on or after September 1, 1973, 18 and having two or more axles, shall be operated upon a highway 19 unless the foremost axle of the semitrailer is at least 12 feet 20 from the rearmost axle of the towing vehicle. 21 § 4944. Maximum wheel load. 22 No motor vehicle or combination shall, when operated upon a 23 highway, have a weight upon any one wheel in excess of 800 24 pounds for each nominal inch of width on the wheel. 25 § 4945. Penalties for exceeding maximum weights. 26 (a) Gross weight violations.--Any person operating a vehicle 27 or combination upon a highway exceeding the maximum gross weight 28 allowed by section 4941 (relating to maximum gross weight of 29 vehicles) or the registered gross weight allowed by section 4942 30 (relating to registered gross weight), whichever is less, is 19750H1817B3002 - 277 -
1 guilty of a summary offense and shall, upon conviction, be
2 sentenced to pay a fine of $75 plus $75 for each 500 pounds, or
3 part thereof, in excess of 3,000 pounds over the maximum or
4 registered gross weight allowed. If the gross weight of any
5 vehicle or combination exceeds 73,280 pounds, the fine shall be
6 double the amount for other weight violations.
7 (b) Axle weight violation.--Subject to the provisions of
8 section 4982(c) (relating to reducing or readjusting loads of
9 vehicles), any person operating a vehicle or combination with a
10 weight on an axle or pair of axles exceeding the maximum axle
11 weights allowed by section 4943 (relating to maximum axle weight
12 of vehicles) is guilty of a summary offense and shall, upon
13 conviction, be sentenced to pay a fine of $100 plus $100 for
14 each 500 pounds, or part thereof, in excess of 2,000 pounds over
15 the maximum axle weights WEIGHT allowed. <--
16 (c) Wheel weight violation.--Any person operating a vehicle
17 or combination upon a highway exceeding the maximum wheel weight
18 allowed by section 4944 (relating to maximum wheel load) is
19 guilty of a summary offense and shall, upon conviction, be
20 sentenced to pay a fine of $100 plus $100 for each 200 pounds,
21 or part thereof, in excess of 200 pounds over the maximum wheel
22 weight allowed.
23 (d) Concurrent violations.--In any case in which there are
24 concurrent violations of more than one of the sections or
25 subsections of this subchapter prescribing maximum weights, the
26 only penalty imposed shall be for violation of that section or
27 subsection which produces the greatest fine.
28 § 4946. Impoundment of vehicles for nonpayment of overweight
29 fines.
30 (a) General rule.--On default of payment of any fine and
19750H1817B3002 - 278 -
1 costs of prosecution imposed pursuant to section 4945 (relating 2 to penalties for exceeding maximum weights), the issuing 3 authority shall impound the vehicle or combination and order a 4 police officer to seize them. 5 (b) Storage and costs.--The issuing authority shall 6 forthwith notify the sheriff of the county in which the 7 violation occurred, who shall store the impounded vehicle or 8 combination. The sheriff's costs, reasonable storage costs and 9 all other reasonable costs incident to impounding shall be 10 recoverable in addition to costs of prosecution. 11 (c) Notice of impoundment.--The sheriff shall give immediate 12 notice by the most expeditious means and by certified mail, 13 return receipt requested, of the impoundment and location of the 14 vehicle or combination to the owner of the vehicle or 15 combination and to the owner of the load if the names and 16 addresses of the owner are known or can be ascertained by the 17 sheriff. 18 § 4947. Disposition of impounded vehicles and loads. 19 (a) Rights of owner of load.--The title to the load on an 20 impounded vehicle or combination remains in the owner who may 21 repossess the load at any time upon presentation of proof of 22 ownership to the sheriff. If the load spoils during impoundment 23 the loss shall be on the owner subject to any right of recovery 24 of damages that the owner may have against the owner of the 25 vehicle or combination or against any other party, and the costs 26 of disposition of the load shall be recoverable in addition to 27 the costs of prosecution. 28 (b) Sale of unclaimed vehicle or load.--In case any 29 impounded vehicle or combination is unredeemed, or the load is 30 unclaimed, for a period of 60 days after notice of impoundment 19750H1817B3002 - 279 -
1 is given, it shall be sold at a public sale by the sheriff upon 2 order of the issuing authority and after ten days notice of sale 3 to the owners, lienholders or secured parties of the vehicle or 4 load except that if the sheriff determines it to be necessary to 5 preserve their value, goods which may spoil may be sold in any 6 commercially reasonable manner prior to expiration of the 60 day 7 period and, if impractical to do so, without giving notice to 8 the owners, lienholders or secured parties. 9 (c) Disposition of proceeds of sale.--The proceeds of sale 10 shall first be applied to the payment of the fine and costs, and 11 secondly, to the payment of the encumbrances. The balance shall 12 be remitted to the owner. 13 § 4948. Maximum weight and seating capacity of buses. 14 (a) Gross, axle and wheel weights.--No bus shall be operated 15 upon any highway with a gross weight in excess of 40,000 pounds, 16 or in excess of 20,000 pounds on any axle, or in excess of 800 17 pounds on any one wheel for each nominal inch of width of tire 18 on the wheel. 19 (b) Seating capacity load.--A bus shall not be operated on a 20 highway with a load exceeding by more than 25% its registered 21 seating capacity except when operated within a business or 22 residence district. A child under the age of six years shall not 23 be counted when computing the load on the bus. 24 (c) Penalties.--Any person owning or operating a bus with a 25 gross weight or with weight on any axle or wheel exceeding by 26 more than 5% the maximum allowed in subsection (a) is guilty of 27 a summary offense and shall, upon conviction, be sentenced to 28 pay a fine of $100. If the excess weight is more than 10% above 29 the maximum weight allowed, the fine shall be $300. Any person 30 in violation of subsection (b) is guilty of a summary offense 19750H1817B3002 - 280 -
1 and shall, upon conviction, be sentenced to pay a fine of not 2 less than $50 nor more than $100. 3 SUBCHAPTER D 4 SPECIAL PERMITS FOR EXCESSIVE SIZE AND WEIGHT 5 Sec. 6 4961. Authority to issue permits. 7 4962. Conditions of permits and security for damages. 8 4963. Exemptions for vehicles used in State highway 9 construction. 10 4964. Oral authorization following emergency or accident. 11 4965. Single permits for multiple highway crossings. 12 4966. Permit for movement of quarry equipment. 13 4967. Permit for movement of implements of husbandry. 14 4968. Permit for movement of equipment being manufactured. 15 § 4961. Authority to issue permits. 16 (a) General rule.--The department and local authorities with 17 respect to highways under their respective jurisdictions may, 18 upon application in writing showing good cause, issue special 19 permits in writing authorizing the applicant to operate or move 20 on specified highways any of the following: 21 (1) A vehicle which when unloaded exceeds the maximum 22 size specified in Subchapter B (relating to width, height and 23 length) or the maximum weight specified in section 4941(a) <-- 24 (relating to maximum gross weight of vehicles). WEIGHTS <-- 25 SPECIFIED IN SUBCHAPTER C (RELATING TO MAXIMUM WEIGHTS OF 26 VEHICLES). 27 (2) A combination carrying a nondivisible load and 28 exceeding the maximum size specified in Subchapter B or the 29 maximum weight specified in section 4941(a). WEIGHTS <-- 30 SPECIFIED IN SUBCHAPTER C. 19750H1817B3002 - 281 -
1 (3) A vehicle containing a nondivisible load which 2 exceeds the maximum width specified in section 4921(a) 3 (relating to width of vehicles). 4 (4) A mobile home. 5 (b) Limitation for truck-tractors.--Permits to exceed the 6 maximum weight limit shall be issued only for truck-tractors 7 registered at the maximum weight permitted under section 4941 8 (RELATING TO MAXIMUM GROSS WEIGHT OF VEHICLES). <-- 9 (c) County offices for issuing permits.--The department 10 shall empower an authorized representative or employee in each 11 county to issue permits as provided in subsection (a) and shall 12 provide a place within each county where the permits may be 13 issued. 14 § 4962. Conditions of permits and security for damages. 15 (a) General rule.--Permits may be conditioned by limiting 16 the number of trips or by establishing seasonal or other time 17 limitations or geographic limitations including limitations as 18 to prescribed highways or by otherwise limiting or prescribing 19 conditions of operation under the permit as the department or 20 local authorities shall deem necessary to protect the safety of 21 highway users, to promote the efficient movement of traffic or 22 to protect the highways. The department or local authorities may 23 require such undertaking or security as they deem necessary to 24 compensate for any damage to any highway or structure or 25 appurtenance. 26 (b) Display of permit.--Every permit shall be carried in the 27 towing vehicle and shall be open to inspection by any police 28 officer or authorized agent of the issuing agency or any person 29 having an accident involving a permitted vehicle or combination. 30 (c) Revocation of permit.--A permit shall be revocable for 19750H1817B3002 - 282 -
1 cause. 2 (d) Special escort services.--The department or local 3 authorities shall specify what movements require special escort 4 services of the Pennsylvania State Police or department 5 personnel. 6 (e) Liability of permittee for damage.--The permittee shall 7 be liable for all damage to any highway structure or 8 appurtenance sustained as a result of operating or moving under 9 the permit. 10 § 4963. Exemptions for vehicles used in State highway 11 construction. 12 No special permit shall be required for movement across, upon 13 or along State or State-aid highways for oversize or overweight 14 vehicles of a contractor used for the construction or 15 improvement of such highways. 16 § 4964. Oral authorization following emergency or accident. 17 In the event of an emergency or accident affecting the public 18 safety or convenience, the department and local authorities may 19 orally authorize the operation or movement of a combination 20 which exceeds the maximum size or weight specified in this 21 chapter provided a permit is applied for within 72 hours of the 22 operation or movement. 23 § 4965. Single permits for multiple highway crossings. 24 A single permit may be issued for a number of movements 25 across the highway at specified locations within a fixed period 26 of time of vehicles or combinations exceeding the maximum size 27 or weight specified in this chapter. Whenever a permit is issued 28 for crossing the highway, it is unlawful to move the vehicles 29 along the highway. 30 § 4966. Permit for movement of quarry equipment. 19750H1817B3002 - 283 -
1 A permit may be issued for a period of one year for the 2 movement of a piece of quarry equipment or machinery exceeding 3 the maximum size or weight specified in this chapter across any 4 highway from one part of a quarry to another, or upon the 5 highways connecting by the most direct route any quarries or 6 portions of quarries under single ownership or operation, but no 7 permit shall be issued for the movement of equipment or 8 machinery for a distance greater than one-half mile. 9 § 4967. Permit for movement of implements of husbandry. 10 A permit may be issued for a period of not more than one year 11 for the operation or movement between sunrise and sunset of one 12 or more oversized implements of husbandry which do not exceed 14 13 feet 6 inches in width if the movement is limited to a radius of 14 25 miles from the dealer's place of business or owner's home or 15 farm. No permit shall be issued for the movement of any 16 implement of husbandry with a width in excess of eight feet upon 17 a freeway. 18 § 4968. Permit for movement of equipment being manufactured. 19 A permit may be issued for a period of not more than one year 20 authorizing the manufacturer of boats, mobile homes, helicopters 21 or other articles or combinations not normally used on highways 22 to move articles which exceed the maximum height, width or 23 length specified in Subchapter B (relating to width, height and 24 length) while they are in the course of manufacture and while 25 they are entirely within the control of the manufacturer and not 26 in transit from the manufacturer to a purchaser or dealer. A 27 permit shall not be issued for the movement of articles upon a 28 freeway nor in excess of ten miles. 29 SUBCHAPTER E 30 MEASURING AND ADJUSTING VEHICLE SIZE AND WEIGHT 19750H1817B3002 - 284 -
1 Sec. 2 4981. Weighing and measurement of vehicles. 3 4982. Reducing or readjusting loads of vehicles. 4 4983. Penalty for violation of subchapter. 5 § 4981. Weighing and measurement of vehicles. 6 (a) Authority of police officer.--Any police officer is 7 authorized to require the driver of any vehicle or combination 8 to stop and submit the vehicle or combination to be measured and 9 weighed. Weighing may be done by using either portable or 10 stationary scales. The measurement and weighing shall be 11 conducted by qualified personnel who have been trained in the 12 use of weighing and measuring equipment in a training program 13 approved by the department. A police officer may require that a 14 vehicle or combination be driven to the nearest stationary 15 scales if the scales are within two miles. 16 (b) Stationary scales on freeways.--The department, in 17 cooperation with the Pennsylvania State Police, shall maintain 18 on freeways at points which it deems necessary stationary scales 19 and other equipment for detecting violations of the size and 20 weight limitations prescribed by this chapter. 21 (c) Weighing of wheels or axles.--If a vehicle is weighed in 22 multiple drafts, or if only a single wheel or axle or pair of 23 axles is weighed, a tolerance of 1% shall be allowed. 24 (d) Re-weighing at request of driver or owner.--Whenever 25 scales operated by other than the department indicate that a 26 vehicle, wheel, axle or pair of axles is overweight, the driver 27 or owner may elect to have the vehicle re-weighed on the nearest 28 available official scales which have been sealed by the State 29 Bureau of Standard Weights and Measures. The lower reading of 30 the two scales shall determine whether charges shall be filed 19750H1817B3002 - 285 -
1 under this section. 2 § 4982. Reducing or readjusting loads of vehicles. 3 (a) Violation of weight limitations.--If the gross weight or 4 the weight upon any wheel, tire, axle or group of axles of a 5 vehicle or combination exceeds the maximum allowed, the driver 6 shall reduce or readjust the load so that the gross weight and 7 the weight upon each wheel, tire, axle or group of axles will 8 not exceed the maximum weights permitted under this chapter. 9 (b) Violation of size limitations.--If the load upon any 10 vehicle or combination is such that the size limitations of this 11 chapter are exceeded, the driver shall reduce or reposition the 12 load so that it does not exceed the size limitations. 13 (c) Load adjustment to avoid prosecution.--If the gross 14 weight of the vehicle or combination does not exceed the maximum 15 allowable gross weight and the weight upon any axle or group of 16 axles is not more than 3% in excess of the maximum allowable 17 axle weight, the operator shall be allowed four hours to adjust 18 the position of the load so that the weight upon all wheels, 19 tires, axles and groups of axles does not exceed the maximum 20 allowable weights. If the load is so rearranged no arrest shall 21 be made or prosecution brought for violation of Subchapter C 22 (relating to maximum weights of vehicles). 23 (d) Load incapable of reduction.--If the load on any vehicle 24 or combination is such that it is incapable of reduction or 25 dismemberment and is otherwise eligible to move under permit as 26 provided in Subchapter D (relating to special permits for 27 excessive size and weight), a valid permit shall be obtained 28 before any further movement of a vehicle or combination in 29 violation of the limitations of this chapter. 30 (e) Responsibility of owner or driver.--All material 19750H1817B3002 - 286 -
1 unloaded and any vehicle or combination parked awaiting a permit 2 shall be cared for by the owner or driver at the risk of the 3 owner or driver. 4 § 4983. Penalty for violation of subchapter. 5 Any driver who fails or refuses to comply with the 6 requirements of a police officer given pursuant to this 7 subchapter is guilty of a summary offense and shall, upon 8 conviction, be sentenced to pay a fine of $100. 9 PART V 10 ADMINISTRATION AND ENFORCEMENT 11 Chapter 12 61. Powers of Department and Local Authorities 13 63. Enforcement. 14 65. Penalties and Disposition of Fines 15 67. Service of Process on Nonresidents 16 CHAPTER 61 17 POWERS OF DEPARTMENT AND LOCAL AUTHORITIES 18 Subchapter 19 A. General Provisions 20 B. Traffic-control Devices 21 C. Reciprocity 22 SUBCHAPTER A 23 GENERAL PROVISIONS 24 Sec. 25 6101. Applicability and uniformity of title. 26 6102. Powers and duties of department and local authorities. 27 6103. Promulgation of rules and regulations by department. 28 6104. Administrative duties of department. 29 6105. Department to prescribe traffic and engineering 30 investigations. 19750H1817B3002 - 287 -
1 6106. Designation of emergency vehicles by department. 2 6107. Designation of authorized vehicles by department. 3 6108. Power of Governor during emergency. 4 6109. Specific powers of department and local authorities. 5 6110. Regulation of traffic on Pennsylvania Turnpike. 6 6111. Regulation of traffic on bridges under authority of 7 interstate commissions. 8 6112. Removal of traffic hazards by property owner. 9 6113. Control of public travel on private property by owner. 10 6114. Limitation on sale, publication and disclosure of 11 records. 12 § 6101. Applicability and uniformity of title. 13 The provisions of this title shall be applicable and uniform 14 throughout this Commonwealth and in all political subdivisions 15 in this Commonwealth, and no local authority shall enact or 16 enforce any ordinance on a matter covered by the provisions of 17 this title unless expressly authorized. 18 § 6102. Powers and duties of department and local authorities. 19 (a) Department.--The department is charged with the duty of 20 administering the provisions of this title and of all laws the 21 administration of which is now or hereafter vested in the 22 department. 23 (b) Local authorities.--Local authorities may exercise the 24 powers granted in this chapter only by duly enacted ordinances 25 of their governing bodies. 26 § 6103. Promulgation of rules and regulations by department. 27 In addition to the specific powers granted to the department 28 by this title to promulgate rules and regulations, the 29 department shall have the power in accordance with the 30 provisions of the act of July 31, 1968 (P.L.769, No.240), known 19750H1817B3002 - 288 -
1 as the "Commonwealth Documents Law," to promulgate, consistent 2 with and in furtherance of this title, rules and regulations in 3 accordance with which the department shall carry out its 4 responsibilities and duties under this title. 5 § 6104. Administrative duties of department. 6 (a) Forms.--The department shall prescribe and provide 7 suitable forms of applications, certificates of title, 8 registration cards, drivers' licenses and all other forms 9 requisite or deemed necessary to carry out the provisions of 10 this title and any other laws the administration of which is 11 vested in the department. 12 (b) Review of applications.--The department shall examine 13 and determine the genuineness, regularity and legality of every 14 application for registration of a vehicle, for a certificate of 15 title, and for a driver's license and of any other application 16 lawfully made to the department, and may in all cases make 17 investigation as may be deemed necessary or require additional 18 information, and shall reject any application if not satisfied 19 of the genuineness, regularity or legality of the application or 20 the truth of any statement contained in the application, or for 21 any other reason when authorized by law. 22 (c) Investigations.--The department may make necessary and 23 reasonable investigations to procure information required to 24 enforce the provisions of this title and department regulations. 25 (d) Retention of records.--The department shall promulgate 26 rules setting forth the minimum amount of time that must elapse 27 before the department may destroy records acquired, established 28 or maintained under this title. 29 (e) Furnishing documents and information.--The department 30 may supply copies of and information concerning registrations, 19750H1817B3002 - 289 -
1 titles and security interests of vehicles and such statistical 2 data as it may deem to be in the public interest. 3 § 6105. Department to prescribe traffic and engineering 4 investigations. 5 The department may establish by regulation the manner in 6 which traffic and engineering investigations shall be carried 7 out. The department may specify particular actions which require 8 traffic and engineering investigations. No action shall become 9 effective until the investigation has been properly completed. 10 § 6106. Designation of emergency vehicles by department. 11 (a) General rule.--The department may designate any vehicle 12 or group of vehicles as emergency vehicles upon a finding that 13 the designation is necessary to the preservation of life or 14 property or to the execution of emergency governmental 15 functions. 16 (b) Manner and carrying of designation.--The designation 17 shall be in writing and the written designation shall be carried 18 in the vehicle at all times, but failure to carry the written 19 designation shall not affect the status of the vehicle as an 20 emergency vehicle. 21 § 6107. Designation of authorized vehicles by department. 22 The department may designate any vehicle or group of vehicles 23 as authorized vehicles upon a finding that the vehicle is used 24 in the performance of public service or governmental functions. 25 Duly authorized vehicles shall be exempted from certain 26 provisions of this title as specified in regulations promulgated 27 by the department. 28 § 6108. Power of Governor during emergency. 29 In the event of a declared National, State or local emergency 30 when the Governor of this Commonwealth has made a specific 19750H1817B3002 - 290 -
1 determination that modification of any of the provisions of this 2 title will aid in the alleviation of the stated emergency 3 conditions, the Governor shall have the power to so alter MODIFY <-- 4 the provisions on any or all highways in this Commonwealth to be 5 effective at any or all hours of the day or night with respect 6 to any or all types or classes of vehicles. Such modifications 7 and alterations shall expire at the end of the emergency period. <-- 8 § 6109. Specific powers of department and local authorities. 9 (a) Enumeration of police powers.--The provisions of this 10 title shall not be deemed to prevent the department on State- 11 designated highways and local authorities on streets or highways 12 within their physical boundaries from the reasonable exercise of 13 their police powers. The following are presumed to be reasonable 14 exercises of police power: 15 (1) Regulating or prohibiting stopping, standing or 16 parking. 17 (2) Regulating traffic by means of police officers or 18 official traffic-control devices. 19 (3) Regulating or prohibiting processions or assemblages 20 on highways. 21 (4) Designating particular highways or roadways for use 22 by traffic moving in one direction as authorized in section 23 3308 (relating to one-way roadways and rotary traffic 24 islands). 25 (5) Establishing speed limits for vehicles in public 26 parks. 27 (6) Designating any highway as a through highway or 28 designating any intersection or junction of roadways as a 29 stop or yield intersection or junction. 30 (7) Prohibiting or restricting the use of highways at 19750H1817B3002 - 291 -
1 particular places or by particular classes of vehicles 2 whenever the highway or portion of the highway may be 3 seriously damaged by the use or the movement of the vehicles 4 would constitute a safety hazard. 5 (8) Regulating the operation of bicycles and requiring 6 their registration and inspection, and the payment of a 7 reasonable registration fee. 8 (9) Regulating or prohibiting the turning of vehicles or 9 specified types of vehicles as authorized in section 3331 10 (relating to required position and method of turning). 11 (10) Altering or establishing speed limits as authorized 12 in Subchapter F of Chapter 33 (relating to speed 13 restrictions). 14 (11) Designating no-passing zones as authorized in 15 section 3307 (relating to no-passing zones). 16 (12) Prohibiting or regulating the use of designated 17 streets by any class or kind of traffic. 18 (13) Establishing minimum speed limits as authorized in 19 section 3364 (relating to minimum speed regulation). 20 (14) Regulating and temporarily prohibiting traffic on 21 streets closed or restricted for construction, maintenance or 22 special events. 23 (15) Prohibiting pedestrians from crossing a roadway in 24 a business district or any designated highway except in a 25 crosswalk. 26 (16) Restricting pedestrian crossings at unmarked 27 crosswalks. 28 (17) Regulating persons propelling push carts. 29 (18) Regulating persons upon skates, coasters, sleds and 30 other toy vehicles. 19750H1817B3002 - 292 -
1 (19) Adopting and enforcing such temporary or 2 experimental regulations as may be necessary to cover 3 emergencies or special conditions. 4 (20) Regulating the operation of streetcars, the passing 5 of streetcars by other vehicles and the driving upon 6 streetcar tracks by other vehicles. 7 (21) Providing for and establishing procedures governing 8 the removal and impounding of any vehicle parked on the 9 highways or public property of the local authority in 10 violation of any local ordinance adopted pursuant to the 11 authority of this title or of any of the provisions of this 12 title. 13 (22) Adopting such other traffic regulations as are 14 specifically authorized by this title. 15 (b) Action by local authorities.--Action taken by local 16 authorities under this section shall be: 17 (1) by ordinance of the local governing body; or 18 (2) by a commission or public official authorized to act 19 on specified matters. 20 (c) When traffic-control devices required.--No regulation or 21 ordinance enacted under subsection (a)(1), (4), (5), (6), (7), 22 (9), (10), (11), (12), (13), (14), (15), (16) or (21) shall be 23 effective until official traffic-control devices giving notice 24 of the traffic regulations or ordinances are erected upon or at 25 the entrances to the highway or part thereof affected as may be 26 most appropriate. 27 (d) Prior approval by department.--Notwithstanding the 28 provisions of subsection (a), the department may require local 29 authorities to obtain department approval in advance of 30 regulating traffic on State-designated highways within their 19750H1817B3002 - 293 -
1 physical boundaries. 2 (e) Engineering and traffic investigation required.--Action 3 by local authorities under this section shall be taken only 4 after completing an engineering and traffic investigation when 5 and in such manner as required by regulations promulgated by the 6 department. 7 § 6110. Regulation of traffic on Pennsylvania Turnpike. 8 (a) General rule.--The provisions of this title apply upon 9 any turnpike or highway under the supervision and control of the 10 Pennsylvania Turnpike Commission unless specifically modified by 11 rules and regulations promulgated by the commission which shall 12 become effective only upon publication in accordance with law. A 13 copy of the rules and regulations, so long as they are 14 effective, shall be posted at all entrances to the turnpike or 15 highway for the inspection of persons using the turnpike or 16 highway. This section does not authorize the establishment of a 17 maximum speed limit greater than 55 miles per hour. 18 (b) Penalty.--Any person violating any of the rules and 19 regulations of the Pennsylvania Turnpike Commission for which no 20 penalty has otherwise been provided by statute is guilty of a 21 summary offense and shall, upon conviction, be sentenced to pay 22 a fine of $25. 23 § 6111. Regulation of traffic on bridges under authority of 24 interstate commissions. 25 (a) General rule.--The provisions of this title apply to any 26 bridge under the supervision and control of the Delaware River 27 Joint Toll Bridge Commission, the Delaware River Port Authority 28 and the New York-Pennsylvania Joint Commission on Bridges over 29 the Delaware River unless specifically modified by rules and 30 regulations which shall become effective only upon publication 19750H1817B3002 - 294 -
1 in accordance with law. Rules and regulations, so long as they 2 are effective, shall be posted at all entrances to the bridges. 3 (b) Penalty.--Any person violating any of the rules and 4 regulations of the Delaware River Joint Toll Bridge Commission, 5 the Delaware River Port Authority or the New York-Pennsylvania 6 Joint Commission on Bridges over the Delaware River for which no 7 penalty has otherwise been provided by statute is guilty of a 8 summary offense and shall, upon conviction, be sentenced to pay 9 a fine of $25. 10 § 6112. Removal of traffic hazards by property owner. 11 (a) General rule.--It is the duty of the owner of real 12 property to remove from the property any tree, plant, shrub or 13 other similar obstruction, or part thereof, which by obstructing 14 the view of any driver constitutes a traffic hazard. 15 (b) Notice of hazard.--When the department or any local 16 authority determines on the basis of an engineering and traffic 17 investigation that a traffic hazard exists, it shall notify the 18 owner and order the hazard removed within ten days. 19 (c) Penalty.--The failure of the owner to remove the traffic 20 hazard within ten days after notice under subsection (b) is a 21 summary offense and every day the owner fails to remove it shall 22 be a separate and distinct offense. The offense is punishable by 23 a fine of $10. 24 § 6113. Control of public travel on private property by owner. 25 Nothing in this title shall be construed to prevent the owner 26 of real property used by the public for purposes of vehicular 27 travel by permission of the owner, and not as a matter of right, 28 from prohibiting such use, or from requiring other or different 29 or additional conditions than those specified in this title, or 30 otherwise regulating such use as may seem best to such owner. 19750H1817B3002 - 295 -
1 § 6114. Limitation on sale, publication and disclosure of
2 records.
3 (a) Offenses defined.--It is unlawful for:
4 (1) Any police officer, or any officer, employee or
5 agent of any Commonwealth agency or local authority which
6 makes or receives records or reports required to be filed
7 under this title to sell, publish or disclose or offer to
8 sell, publish or disclose records or reports which relate to
9 the driving record of any person.
10 (2) Any person to purchase, secure or procure or offer
11 to purchase, secure or procure records or reports described
12 in paragraph (1).
13 (b) Exceptions.--This section does not apply to records or
14 reports:
15 (1) Required or authorized under this title to be sold,
16 published or disclosed.
17 (2) Authorized in writing by the person who is the
18 subject of the record or report to be sold, published or
19 disclosed. A police officer, or officer, employee or agent of
20 a Commonwealth agency or local authority may rely on a
21 certification from a person requesting a record or report
22 under subsection (b)(3) THIS PARAGRAPH that its sale, <--
23 publication or disclosure has been authorized by the person
24 who is the subject of the record or report. In the event such
25 sale, publication or disclosure shall not have been
26 authorized, the person who made the false certification,
27 rather than the police officer or officer, employee or agent
28 of the Commonwealth agency or local authority, shall be
29 guilty of the offense defined by this section.
30 (3) Required to be released by order of court.
19750H1817B3002 - 296 -
1 (4) Authorized by departmental regulation to be sold, 2 published or disclosed to any Federal, State or local 3 governmental agency for the sole purpose of exercising a 4 legitimate governmental function or duty. Such records or 5 reports shall not be resold, published or disclosed by the 6 receiving agency for any commercial purpose nor without prior 7 departmental approval. 8 (c) Grading.--Any offense under this section is a 9 misdemeanor of the third degree. 10 SUBCHAPTER B 11 TRAFFIC-CONTROL DEVICES 12 Sec. 13 6121. Uniform system of traffic-control devices. 14 6122. Authority to erect traffic-control devices. 15 6123. Erection of traffic-control devices while working. 16 6124. Erection of traffic-control devices at intersections. 17 6125. Display of unauthorized signs, signals or markings. 18 6126. Interference with devices, signs or signals. 19 6127. Dealing in nonconforming traffic-control devices. 20 § 6121. Uniform system of traffic-control devices. 21 The department shall publish a manual for a uniform system of 22 traffic-control devices consistent with the provisions of this 23 title for use upon highways within this Commonwealth. The 24 uniform system shall correlate with and so far as possible 25 conform to the system set forth in the most recent edition of 26 the Manual on Uniform Traffic Control Devices for Streets and 27 Highways and other standards issued or endorsed by the Federal 28 Highway Administrator, United States Department of 29 Transportation. 30 § 6122. Authority to erect traffic-control devices. 19750H1817B3002 - 297 -
1 (a) General rule.--The department on State-designated 2 highways and local authorities on any highway within their 3 boundaries may erect official traffic-control devices, which 4 shall be installed and maintained in conformance with the manual 5 and regulations published by the department upon all highways as 6 required to carry out the provisions of this title or to 7 regulate, restrict, direct, warn, prohibit or guide traffic. 8 Except where department regulations provide otherwise, local 9 authorities shall obtain approval of the department prior to 10 erecting an official traffic-control device on a State- 11 designated highway. Except in a municipality with a traffic 12 engineer qualified in accordance with department regulations, 13 approval of the department shall also be required for erection 14 of any traffic signal. 15 (b) Standards for department approval.--The department shall 16 promulgate rules and regulations setting forth minimum standards 17 and factors to be considered in determining whether approval 18 shall be given by the department for the installation and 19 maintenance of official traffic-control devices. The factors 20 shall include, but not be limited to, the volume of traffic and 21 the number of accidents that occurred in each of the three 22 preceding years. 23 (c) Agreements to waive department approval.--The department 24 may enter into agreements with local authorities transferring to 25 them the authority to install official traffic-control devices 26 without specific State approval provided they conduct traffic 27 and engineering investigations which conform with the rules and 28 regulations promulgated by the department. 29 (d) Signals on municipal boundaries.--Whenever the need 30 arises for the installation of a traffic-control signal on or 19750H1817B3002 - 298 -
1 near the boundary of two political subdivisions adjoining each 2 other so as to be beneficial to both, either may petition the 3 department for authority to install the signal. If the political 4 subdivisions cannot amicably agree upon an allocation of the 5 costs of installation and maintenance of the signal, either may 6 petition the court of common pleas of the county in which the 7 traffic-control signal is to be installed within 90 days after 8 receiving the approval of the department and the court shall 9 determine the proper allocation of the expenses to be incurred. 10 The political subdivision that originated the request to the 11 department shall install the traffic-control signal within 90 12 days of the date of the court order or of an amicable agreement 13 between the political subdivisions. 14 (e) Costs.--The cost of erection of traffic-control signals 15 located on State-designated highways shall be borne by the 16 Commonwealth; and at intersections of State-designated highways 17 and local roads, such costs shall be borne by the Commonwealth 18 and the local authorities having jurisdiction over the local 19 road, each paying one-half of such costs, but local authorities 20 may, at their option, pay more than their half of the costs in 21 such cases. 22 § 6123. Erection of traffic-control devices while working. 23 Any person performing any work on or near the roadway which 24 may create hazards shall erect traffic-control devices in 25 accordance with the rules and regulations of the department for 26 the maintenance and protection of traffic. 27 § 6124. Erection of traffic-control devices at intersections. 28 The department on State-designated highways, including 29 intersections with local highways, and local authorities on 30 intersections of highways under their jurisdiction may erect and 19750H1817B3002 - 299 -
1 maintain stop signs, yield signs or other official traffic- 2 control devices to designate through highways or to designate 3 intersections at which vehicular traffic on one or more of the 4 roadways should yield or stop and yield before entering the 5 intersection. 6 § 6125. Display of unauthorized signs, signals or markings. 7 (a) General rule.--No person shall place, maintain or 8 display upon or in view of any highway any unauthorized sign, 9 signal, marking or device which purports to be or is an 10 imitation of or resembles an official traffic-control device or 11 which attempts to direct the movement of traffic, or which hides 12 from view or interferes with the effectiveness of an official 13 traffic-control device. 14 (b) Commercial advertising on signs or signals.--No person 15 shall place or maintain nor shall any public authority permit 16 upon any highway any official traffic-control device containing 17 any commercial advertising except for business signs included as 18 a part of official motorist service panels or roadside area 19 information panels approved by the department. 20 (c) Removal as public nuisance.--Every prohibited sign, 21 signal or marking is declared to be a public nuisance and the 22 authority having jurisdiction over the highway may remove the 23 same or cause it to be removed immediately at the reasonable 24 expense of the person placing, maintaining or displaying the 25 sign, signal or marking. 26 § 6126. Interference with devices, signs or signals. 27 No person shall, without lawful authority, attempt to or in 28 fact, alter, twist, obstruct, deface, injure, knock down, remove 29 or interfere with the effective operation of any official 30 traffic-control device, or any railroad sign or signal, or any 19750H1817B3002 - 300 -
1 inscription, shield or insignia thereon or any other part 2 thereof. 3 § 6127. Dealing in nonconforming traffic-control devices. 4 (a) General rule.--It is unlawful for any person to 5 manufacture, sell, offer for sale or to lease for use on the 6 highway any traffic-control device unless it has been approved 7 and is in accordance with department rules and regulations. 8 (b) Penalty.--Any person violating this section is guilty of 9 a summary offense and shall, upon conviction, be sentenced to 10 pay a fine of not less than $100 nor more than $500. 11 SUBCHAPTER C 12 RECIPROCITY 13 Sec. 14 6141. Declaration of policy. 15 6142. Reciprocity agreements, arrangements and declarations 16 authorized. 17 6143. Benefits, privileges and exemptions from taxes and fees. 18 6144. Vehicle registration and licensing. 19 6145. Proportional registration of fleet vehicles. 20 6146. Enforcement agreements. 21 6147. Declaration of reciprocity in absence of agreement. 22 6148. Applicability to leased vehicles. 23 6149. Automatic reciprocity. 24 6150. Proportional registration not exclusive. 25 6151. Suspension of reciprocity benefits. 26 6152. Form, publication and distribution of documents. 27 6153. Existing reciprocity agreements unaffected. 28 § 6141. Declaration of policy. 29 It is the policy of this Commonwealth to promote and 30 encourage the fullest possible use of its highway system by 19750H1817B3002 - 301 -
1 authorizing the making and execution of reciprocal agreements, 2 arrangements and declarations with other states, provinces, 3 territories and countries with respect to drivers, licensed and 4 vehicles registered in this and other states, provinces, 5 territories and countries, thus contributing to the economic and 6 social development and growth of this Commonwealth. 7 § 6142. Reciprocity agreements, arrangements and declarations 8 authorized. 9 The secretary may execute or make agreements, arrangements 10 and declarations to carry out the provisions of this section and 11 may amend and terminate the agreements, arrangements and 12 declarations. 13 § 6143. Benefits, privileges and exemptions from taxes and 14 fees. 15 The secretary may enter into an agreement or arrangement with 16 the duly authorized representatives of other jurisdictions, 17 granting to drivers or vehicles or owners of vehicles properly 18 licensed or registered in those jurisdictions, and for which 19 evidence of compliance is supplied, benefits, privileges and 20 exemptions from the payment, wholly or partially, of any taxes, 21 fees or other charges imposed upon the drivers, vehicles or 22 owners with respect to the operation or ownership of the 23 vehicles under the laws of this Commonwealth. The agreement or 24 arrangement shall provide that drivers or vehicles properly 25 licensed or registered in this Commonwealth, when operating upon 26 highways of the other jurisdiction, shall receive exemptions, 27 benefits and privileges of a similar kind or to a similar degree 28 as are extended to drivers or vehicles properly licensed or 29 registered in the jurisdiction when operating in this 30 Commonwealth. Each agreement or arrangement shall, in the 19750H1817B3002 - 302 -
1 judgment of the secretary, be in the best interest of this 2 Commonwealth and the citizens thereof and shall be fair and 3 equitable to this Commonwealth and the citizens thereof, and 4 shall be determined on the basis and recognition of the benefits 5 which accrue to the economy of this Commonwealth from the 6 uninterrupted flow of commerce. 7 § 6144. Vehicle registration and licensing. 8 An agreement or arrangement entered into, or a declaration 9 issued, under this subchapter may contain provisions authorizing 10 the registration or licensing in another jurisdiction of 11 vehicles located in or operated from a base in the other 12 jurisdiction which vehicles otherwise would be required to be 13 registered or licensed in this Commonwealth. In such event, the 14 exemptions, benefits and privileges extended by the agreement or 15 declaration shall apply to the vehicles when properly licensed 16 or registered in the base jurisdiction. 17 § 6145. Proportional registration of fleet vehicles. 18 If any jurisdiction permits or requires the licensing of 19 fleets of vehicles in interstate or combined interstate and 20 intrastate commerce and payment of registration fees, license 21 taxes or other fixed fees on an apportionment basis commensurate 22 with and determined by the miles traveled on and the use made of 23 the jurisdiction's highways, as compared with the miles traveled 24 on and the use made of another jurisdiction's highways or any 25 other equitable basis of apportionment, and exempts vehicles 26 registered in other jurisdictions under such apportionment basis 27 from the requirements of full payment of its own registration, 28 license or other fixed fees, then the secretary may, by 29 agreement, adopt the exemption with respect to vehicles of such 30 fleets, whether owned by residents or nonresidents of this 19750H1817B3002 - 303 -
1 Commonwealth and regardless of where based. The agreements, 2 under such terms, conditions or restrictions as the secretary 3 deems proper, may provide that owners of vehicles operated in 4 interstate or combined interstate and intrastate commerce in 5 this Commonwealth shall be permitted to pay registration, 6 license or other fixed fees on an apportionment basis, 7 commensurate with and determined by the miles traveled or the 8 use made of the highways of this Commonwealth as compared with 9 the use made of the highways of other jurisdictions or any other 10 equitable basis of apportionment. No agreement shall authorize, 11 or be construed as authorizing, any vehicle so registered to be 12 operated in intrastate commerce in this Commonwealth unless the 13 owner has been granted intrastate authority or rights by the 14 Pennsylvania Public Utility Commission if such grant is 15 otherwise required by law. The secretary may adopt and 16 promulgate such rules and regulations as deemed necessary to 17 effectuate and administer the provisions of this section, and 18 the registration of fleet vehicles under this subchapter shall 19 be subject to the rights, terms and conditions granted by or 20 contained in any applicable agreement, arrangement or 21 declaration made by the secretary. 22 § 6146. Enforcement agreements. 23 The secretary may enter into agreements relating to 24 enforcement of this title including, but not limited to, 25 agreements to notify any state of violations incurred by 26 residents of that state and to take measures to assure payment 27 of fines or attendance at hearings by persons charged with 28 violations. 29 § 6147. Declaration of reciprocity in absence of agreement. 30 In the absence of an agreement or arrangement with another 19750H1817B3002 - 304 -
1 jurisdiction, the secretary may examine the laws and 2 requirements of such jurisdiction and declare the extent and 3 nature of exemptions, benefits and privileges to be extended to 4 vehicles properly registered or licensed in the other 5 jurisdiction, or to the owners of the vehicles, which shall, in 6 the judgment of the secretary, be in the best interest of this 7 Commonwealth and the citizens thereof, and which shall be fair 8 and equitable to this Commonwealth and the citizens thereof, and 9 shall be determined on the basis and recognition of the benefits 10 which accrue to the economy of this Commonwealth from the 11 uninterrupted flow of commerce. 12 § 6148. Applicability to leased vehicles. 13 An agreement or arrangement entered into, or a declaration 14 issued, under the authority of this subchapter may contain 15 provisions under which a leased vehicle properly registered by 16 the lessor may be entitled, subject to terms and conditions 17 stated therein, to the exemptions, benefits and privileges 18 extended by such agreement, arrangement or declaration. 19 § 6149. Automatic reciprocity. 20 If no agreement, arrangement or declaration is in effect with 21 respect to another jurisdiction as authorized by this 22 subchapter, any vehicle properly registered or licensed in the 23 other jurisdiction, and for which evidence of compliance is 24 supplied, shall receive, when operated in this Commonwealth, the 25 same exemptions, benefits and privileges granted by the other 26 jurisdiction to vehicles properly registered in this 27 Commonwealth. 28 § 6150. Proportional registration not exclusive. 29 Nothing contained in this subchapter relating to proportional 30 registration of fleet vehicles shall be construed as requiring 19750H1817B3002 - 305 -
1 any vehicle to be proportionally registered if the vehicle is 2 otherwise registered in this Commonwealth for the operation in 3 which it is engaged including, but not by way of limitation, 4 regular registration, temporary registration, or trip permit or 5 registration. 6 § 6151. Suspension of reciprocity benefits. 7 Agreements, arrangements or declarations made under authority 8 of this subchapter may include provisions authorizing the 9 department to suspend or cancel the exemptions, benefits or 10 privileges granted to a person who violates any of the 11 conditions or terms of such agreements, arrangements or 12 declarations or who violates the laws or regulations of this 13 Commonwealth related to motor vehicles. 14 § 6152. Form, publication and distribution of documents. 15 All agreements, arrangements and declarations, and amendments 16 thereto, shall be in writing and shall be published in 17 compliance with the act of July 31, 1968 (P.L.769, No.240), 18 known as the "Commonwealth Documents Law." The department shall 19 provide copies for public distribution upon request. 20 § 6153. Existing reciprocity agreements unaffected. 21 All reciprocity and proportional registration agreements, 22 arrangements and declarations relating to vehicles, in force and 23 effect at the time this subchapter becomes effective, shall 24 continue in full force and effect until specifically amended or 25 revoked by the secretary. 26 CHAPTER 63 27 ENFORCEMENT 28 Subchapter 29 A. General Provisions 30 B. Records of Traffic Cases 19750H1817B3002 - 306 -
1 C. Evidentiary Matters 2 SUBCHAPTER A 3 GENERAL PROVISIONS 4 Sec. 5 6301. Prosecutions under local ordinances superseded by title. 6 6302. Limitation of actions for summary offenses. 7 6303. Rights and liabilities of minors. 8 6304. Arrest of nonresident. 9 6305. Costs for summary offenses. 10 6306. Liability for costs not paid by defendant. 11 6307. Investigation by police officers. 12 6308. Falsification. 13 § 6301. Prosecutions under local ordinances superseded by 14 title. 15 When the same conduct is prescribed under this title and a 16 local ordinance, the charge shall be brought under this title 17 and not under the local ordinance. Prosecutions brought under 18 any local ordinance, rule or regulation, which are based on a 19 violation for which there is a specific penalty provided in this 20 title, except for overtime parking, shall be deemed as having 21 been brought under this title and the assessment disposition of 22 the fines and forfeitures shall be so governed. Local ordinances 23 regulating overtime parking shall prescribe fines for 24 violations. 25 § 6302. Limitation of actions for summary offenses. 26 (a) General rule.--Except as provided in subsection (b) or 27 (c), proceedings for summary offenses under this title shall be 28 instituted within 30 days after the commission of the alleged 29 offense or within 30 days after the discovery of the commission 30 of the offense or the identity of the offender, whichever is 19750H1817B3002 - 307 -
1 later, and not thereafter. 2 (b) Minor offenses.--Except as provided in subsection (c), 3 proceedings for summary offenses under the following provisions 4 shall be instituted within 15 days after the commission of the 5 alleged offense or within 15 days after the discovery of the 6 commission of the offense or the identity of the offender, 7 whichever is later, and not thereafter: 8 Chapter 31 (relating to general provisions) 9 Chapter 33 (relating to rules of the road in general) 10 Chapter 35 (relating to special vehicles and pedestrians) 11 Subchapters A and C of Chapter 37 (relating to 12 miscellaneous provisions) 13 (c) Exception.--Where proceedings are timely instituted 14 against a person reasonably believed to have committed the 15 offense charged and it subsequently appears that a person other 16 than the person charged is the offender, proceedings may be 17 instituted against the other person within 30 or 15 days, 18 whichever is applicable, after the identity of the person is 19 discovered and not thereafter. 20 (d) Local ordinances on overtime parking.--Local ordinances 21 pertaining to overtime parking shall be subject to the 22 provisions of this section. 23 (E) DISPOSITION OF PROCEEDINGS WITHIN TWO YEARS.--IN NO <-- 24 EVENT SHALL ANY PROCEEDINGS BE HELD OR ACTION TAKEN PURSUANT TO 25 A SUMMARY OFFENSE UNDER THIS TITLE SUBSEQUENT TO TWO YEARS AFTER 26 THE COMMISSION OF THE OFFENSE. 27 § 6303. Rights and liabilities of minors. 28 Any person over the age of 16 years charged with the 29 violation of any provisions of this title constituting a summary 30 offense shall have all the rights of an adult and may be 19750H1817B3002 - 308 -
1 prosecuted under the provisions of this title in the same manner 2 as an adult. 3 § 6304. Arrest of nonresident. 4 (a) General rule.--Upon arrest of a nonresident for any 5 violation of this title, a police officer shall escort the 6 defendant to the appropriate issuing authority for a hearing, 7 posting of bond or payment of the applicable fine and costs, 8 unless the defendant chooses to place the amount of the 9 applicable fine (or the maximum fine in the case of a variable 10 fine) and costs in a stamped envelope addressed to the 11 appropriate issuing authority and mails the envelope in the 12 presence of the police officer. 13 (b) Procedure upon payment by mail.--If the defendant mails 14 the amount of the fine prescribed in subsection (a), the 15 defendant shall indicate on an accompanying form whether the 16 payment constitutes a fine based on a plea of guilty or a bond 17 for a hearing based on a plea of not guilty. If the plea is not 18 guilty, the police officer shall notify the issuing authority by 19 telephone and the issuing authority shall schedule a hearing for 20 the following day (excluding Saturdays, Sundays and legal 21 holidays), unless the defendant requests a continuance, in which 22 case a hearing shall be scheduled to accommodate the defendant, 23 the police officer and the issuing authority. 24 (c) Form of payment.--The amount of the fine and costs may 25 be paid in cash, personal or other check, credit card or 26 guaranteed arrest bond, except that the Court Administrator of 27 Pennsylvania may enlarge or restrict the types of payment which 28 may be made by mail. 29 (d) Receipt for payment.--The police officer shall give the 30 defendant a receipt for the payment, a copy of which shall be 19750H1817B3002 - 309 -
1 mailed with the payment and a copy retained by the police 2 officer. 3 § 6305. Costs for summary offenses. 4 (a) General rule.--Except as provided in subsection (b), any 5 person convicted of a summary offense under this title shall, in 6 addition to the fine imposed, be sentenced to pay $10 as costs 7 of the issuing authority which costs shall include all charges 8 including, when called for, the costs of postage and registered 9 or certified mail and the costs of giving a transcript to the 10 prosecutor or defendant, or both, if requested. 11 (b) Conviction after hearing.--Where the person charged with 12 a summary offense under this title demands a hearing, the costs 13 of the issuing authority shall be $15, which costs shall include 14 all charges including the charges specified in subsection (a). 15 § 6306. Liability for costs not paid by defendant. 16 In any case of prosecution under the provisions of this title 17 in which the defendant is found not guilty or for any other 18 reason costs are not recovered from the defendant, all costs of 19 prosecution shall be paid by the county. 20 § 6307. Investigation by police officers. 21 (a) Duty of operator or pedestrian.--The operator of any 22 vehicle or any pedestrian reasonably believed to have violated 23 any provision of this title shall stop upon request or signal of 24 any police officer and shall, upon request, exhibit a 25 registration card, driver's license and proof of insurance, or 26 other means of identification if a pedestrian or driver of a 27 bicycle, and shall write their name in the presence of the 28 police officer if so required for the purpose of establishing 29 identity. 30 (b) Authority of police officer.--Any police officer may 19750H1817B3002 - 310 -
1 stop a vehicle, upon request or signal, for the purpose of 2 inspecting the vehicle as to its equipment and operation, or 3 vehicle identification number or engine number, or to secure 4 such other information as the officer may REASONABLY believe to <-- 5 be necessary TO ENFORCE THE PROVISIONS OF THIS TITLE. <-- 6 (c) Inspection of garages and dealer premises.--Any police 7 officer or authorized department employee may inspect any 8 vehicle in any public garage or repair shop or on the premises 9 of any dealer, PERSON ENGAGED IN THE BUSINESS OF SHREDDING, <-- 10 CRUSHING OR OTHERWISE RECYCLING VEHICLES, OR OTHER PUBLIC PLACE 11 OF BUSINESS for the purpose of locating stolen vehicles OR <-- 12 PARTS. The owner of the garage or repair shop or the dealer OR <-- 13 OTHER PERSON shall permit any police officer or authorized 14 department employee to make investigations under this 15 subsection. 16 § 6308. Falsification. 17 (a) False swearing.--Any person who makes a false affidavit 18 or swears or affirms falsely to any matter or thing required 19 under the provisions of this title to be sworn to or affirmed is 20 guilty of a misdemeanor of the third degree and shall, upon 21 conviction, be punished in accordance with section 6503 22 (relating to misdemeanors). 23 (b) Unsworn falsification.--Any person who knowingly 24 falsifies, conceals or omits a material fact, or makes any 25 false, fictitious or fraudulent statements or representations, 26 or makes or uses any false writing or document, knowing it to 27 contain any false, fictitious or fraudulent statement in any 28 matter or thing required under the provisions of this title, is 29 guilty of a misdemeanor of the third degree and shall, upon 30 conviction, be punished in accordance with section 6503. 19750H1817B3002 - 311 -
1 SUBCHAPTER B 2 RECORDS OF TRAFFIC CASES 3 Sec. 4 6321. Records of issuing authorities. 5 6322. Reports by issuing authorities. 6 6323. Reports by courts of record. 7 6324. Failure to comply with provisions of subchapter. 8 6325. Department records. 9 6326. Traffic citation forms. 10 § 6321. Records of issuing authorities. 11 (a) General rule.--Every issuing authority shall keep or 12 cause to be kept for a period of three years a record of every 13 traffic complaint, traffic citation or other legal form of 14 traffic charge deposited with or presented to the issuing 15 authority. 16 (b) Contents of record.--The record of the issuing authority 17 shall include, but not be limited to, an exact record of the 18 proceedings, the section and subsection violated, the 19 conviction, forfeiture of bail, judgment of acquittal and the 20 amount of fine or forfeiture resulting from every traffic 21 complaint or citation deposited with or presented to the issuing 22 authority. 23 (c) Receipt for payment of fine.--The issuing authority 24 shall deliver, without charge, to the defendant a receipt 25 showing in detail the section and subsection violated and the 26 amount of fine and costs imposed and paid. 27 (d) Inspection of record.--The records of the issuing 28 authority required under this section shall be open for 29 inspection by any police officer or authorized employee of the 30 department, the Department of Justice, the Department of 19750H1817B3002 - 312 -
1 Revenue, the Auditor General and the Court Administrator of the 2 Supreme Court. 3 § 6322. Reports by issuing authorities. 4 (a) General rule.--At the end of each week, every issuing 5 authority shall prepare a statement, upon forms prescribed and 6 furnished by the department, of all fines collected, bail 7 forfeited, sentence imposed and final disposition for all cases 8 on violations of any provisions of this title decided by the 9 issuing authority in the week just concluded. The statement 10 shall be certified by the issuing authority to be true and 11 correct and shall be forwarded to the department within the 12 following week, with a copy sent to the police department which 13 filed the charge. The fines and bail forfeited shall accompany 14 the report to the department. 15 (b) Contents of report.--The report shall include the 16 identifying number of the citation, the name and residence 17 address of the party charged, the driver's license number, the 18 registration number of the vehicle involved, a description of 19 the offense, the section and subsection of the statute or 20 ordinance violated, the date of hearing, the plea, the judgment 21 or whether bail was forfeited, clear and concise reasons 22 supporting the adjudication, the sentence or amount of 23 forfeiture and such other information as the department may 24 require. 25 (c) Use of reports by department.--The department shall 26 promptly enter the information contained in the reports in the 27 records of the persons involved in order to effect swift 28 execution of the provisions of Subchapter B of Chapter 15 29 (relating to a comprehensive system for driver education and 30 control). 19750H1817B3002 - 313 -
1 § 6323. Reports by courts of record. 2 The clerk of any court of record of this Commonwealth, within 3 ten days after final judgment of conviction or acquittal or 4 other disposition of charges under any of the provisions of this 5 title, shall send to the department a record of the judgment of 6 conviction, acquittal or other disposition. A record of the 7 judgment shall also be forwarded to the department upon 8 conviction or acquittal of a person of a felony in the 9 commission of which the judge determines that a motor vehicle 10 was essentially involved. The fines and bail forfeited shall 11 accompany the record sent to the department. 12 § 6324. Failure to comply with provisions of subchapter. 13 (a) General rule.--Failure, refusal or neglect of any 14 issuing authority or clerk of court to comply with any of the 15 requirements of this subchapter is a summary offense punishable 16 by a fine of no less than $100. Conviction shall be grounds for 17 removal from office. 18 (b) Second or subsequent convictions.--Any second or 19 subsequent conviction for violation of this subchapter 20 constitutes a misdemeanor of the third degree punishable by a 21 fine of not less than $500. 22 § 6325. Department records. 23 The department shall file all reports and records received 24 under the provisions of this subchapter and shall maintain 25 suitable records or facsimiles of the records. 26 § 6326. Traffic citation forms. 27 (a) Issuance by department.--The department shall be 28 responsible for the issuance of traffic citation forms in 29 conformance with the Pennsylvania Rules of Criminal Procedure. 30 THE CITATION FORM SHALL INDICATE, AS ADDITIONAL INFORMATION THE <-- 19750H1817B3002 - 314 -
1 NUMBER OF POINTS, IF ANY, TO BE ASSESSED BY THE DEPARTMENT UPON 2 A PLEA OF GUILTY OR CONVICTION. FAILURE OF ANY PERSON TO PROVIDE 3 AND COMPLETE SUCH ADDITIONAL INFORMATION SHALL NOT AFFECT THE 4 VALIDITY OF THE CITATION OR A PROSECUTION COMMENCED THEREBY. The 5 department shall maintain a record of all citations issued and 6 shall require and retain a receipt. 7 (b) Use of department forms mandatory.--All traffic 8 citations issued in this Commonwealth, except for overtime 9 parking, shall be upon forms issued by the department under 10 subsection (a). 11 (c) Accounting for forms.--The chief administrative officer 12 of every police department or traffic enforcement agency shall 13 require the return of a copy of every traffic citation issued by 14 every officer under their supervision to an alleged violator and 15 of all copies spoiled. 16 (d) Department audit.--The department shall regularly audit 17 the records of issuance of traffic citation forms to ensure 18 their proper use. 19 SUBCHAPTER C 20 EVIDENTIARY MATTERS 21 Sec. 22 6341. Admissibility of copies of records as evidence. 23 6342. Registration number as prima facie evidence of operation. 24 § 6341. Admissibility of copies of records as evidence. 25 All copies, including photostatic copies and microfilm 26 reproductions, of records, books, papers, documents and rulings 27 of the department, when certified under and bearing the seal of 28 the department by its duly authorized agent, shall be acceptable 29 as evidence in the courts of this Commonwealth with the same 30 force and effect as the originals in all cases where the 19750H1817B3002 - 315 -
1 original records, books, papers, documents and ruling would be 2 admitted in evidence. 3 § 6342. Registration number as prima facie evidence of 4 operation. 5 (a) General rule.--In any proceeding for a violation of the 6 provisions of this title or any local ordinance, rule or 7 regulation, the registration plate displayed on a vehicle shall 8 be prima facie evidence that the owner of the vehicle was then 9 operating the vehicle. 10 (b) Burden shifted by testimony of owner.--If at any hearing 11 or proceeding the owner testifies under oath or affirmation that 12 the owner was not operating the vehicle at the time of the 13 alleged violation and submits to an examination as to who at the 14 time was operating the vehicle and reveals the name of the 15 person, if known, then the prima facie evidence arising from the 16 registration plate shall be overcome and removed and the burden 17 of proof shifted. 18 (c) Burden shifted by affidavit of owner.--If the 19 information is made in a county other than that of the owner's 20 own residence and an affidavit setting forth these facts is 21 forwarded to the issuing authority, the prima facie evidence 22 arising from the registration plate shall be overcome and the 23 burden of proof shifted. 24 CHAPTER 65 25 PENALTIES AND DISPOSITION OF FINES 26 Sec. 27 6501. Definition of conviction. 28 6502. Summary offenses. 29 6503. Misdemeanors. 30 6504. Felonies. 19750H1817B3002 - 316 -
1 6505. Inability to pay fine and costs.
2 6506. Disposition of fines and forfeitures.
3 § 6501. Definition of conviction.
4 (a) General rule.--For the purposes of this title a
5 conviction includes a plea of guilty, a plea of nolo contendere,
6 a finding of guilty by a court or an unvacated forfeiture of
7 bail or collateral deposited to secure a defendant's appearance
8 in court.
9 (b) Payment of fine as guilty plea.--A payment by any person
10 charged with a violation of this title of the fine prescribed
11 for the violation is a plea of guilty.
12 § 6502. Summary offense OFFENSES. <--
13 (a) Designation.--It is a summary offense for any person to
14 violate any of the provisions of this title unless the violation
15 is by this title or other statute of this Commonwealth declared
16 to be a misdemeanor or felony.
17 (b) Penalty.--Every person convicted of a summary offense
18 for a violation of any of the provisions of this title for which
19 another penalty is not provided shall be sentenced to pay a fine
20 of $25.
21 § 6503. Misdemeanors.
22 (a) General rule.--Every person convicted of a violation of
23 any of the provisions of this title designated a misdemeanor of
24 the third degree or a misdemeanor without designation as to
25 degree for which another penalty is not provided shall:
26 (1) For a first conviction, be sentenced to pay a fine
27 of not less than $100 nor more than $500, or to imprisonment
28 for not more than 30 days, or both.
29 (2) For a second or subsequent conviction of the same
30 offense committed within three years after the date of the
19750H1817B3002 - 317 -
1 first offense, be sentenced to pay a fine of not less than
2 $200 nor more than $1,000, or to imprisonment for not more
3 than one year, or both.
4 (b) Second convictions of certain offenses.--Every person
5 convicted of a second violation of any of the following
6 provisions shall be guilty of a misdemeanor of the third degree
7 and shall be sentenced to pay a fine of not less than $200 nor
8 more than $1,000, or to imprisonment for not more than one year,
9 or both:
10 Section 1501(a) (relating to drivers required to be
11 licensed).
12 Section 1542 1543 (relating to driving while operating <--
13 privilege is suspended or revoked).
14 Section 3367 (relating to racing on highways).
15 Section 3731 (relating to reckless driving).
16 Section 3734 (relating to fleeing or attempting to elude
17 police officer).
18 Section 3735 (relating to driving without lights to avoid
19 identification or arrest).
20 Section 3748 (relating to false reports).
21 § 6504. Felonies.
22 Every person convicted of a violation of any of the
23 provisions of this title designated a felony of the third degree
24 or felony without designation as to degree for which another
25 penalty is not provided shall be sentenced to pay a fine of not
26 less than $500 nor more than $5,000, or to imprisonment for not
27 less than one year nor more than five years, or both.
28 § 6505. Inability to pay fine and costs.
29 (a) Order for installment payments.--Upon plea and proof
30 that a person is unable to pay any fine and costs imposed under
19750H1817B3002 - 318 -
1 this title, a court may, in accordance with the Pennsylvania 2 Rules of Criminal Procedure, order payment of the fine and costs 3 in installments and shall fix the amounts, times and manner of 4 payment. 5 (b) Imprisonment for nonpayment.--Any person who does not 6 comply with an order entered under this section may be 7 imprisoned for a number of days equal to one day for each $10 of 8 the unpaid balance of the fine and costs. 9 § 6506. Disposition of fines and forfeitures. 10 (a) State Police enforcement.--When prosecution under the 11 provisions of this title is the result of State Police action, 12 all fines and penalties and all bail forfeited shall be paid to 13 the Department of Revenue, transmitted to the State Treasury and 14 credited to the Motor License Fund. One-half of the revenue 15 shall be paid to municipalities in the same ratio and for the 16 same purposes provided in section 4 of the act of June 1, 1956 17 (P.L.1944, No.655), relating to partial allocation of fuels and 18 liquid fuels tax proceeds. 19 (b) Local police enforcement except for overtime parking.-- 20 When prosecution under the provisions of this title, except for 21 overtime parking, is the result of local police action, one-half 22 of all fines and penalties and all bail forfeited shall be paid 23 to the political subdivision under which the local police are 24 organized and one-half to the Department of Revenue, transmitted 25 to the State Treasury and credited to the Motor License Fund. 26 (c) Local police enforcement for overtime parking.--When 27 prosecution under the provisions of this title for overtime 28 parking is the result of local police action, all fines and 29 penalties and all bail forfeited shall be paid to the political 30 subdivision under which the local police are organized. 19750H1817B3002 - 319 -
1 CHAPTER 67 2 SERVICE OF PROCESS ON NONRESIDENTS 3 Sec. 4 6701. Service of process on nonresident. 5 6702. Residents who depart Commonwealth or whose whereabouts 6 are unknown. 7 6703. Personal representatives of nonresidents. 8 6704. Manner of service of process. 9 6705. Record of service of process. 10 § 6701. Service of process on nonresident. 11 (a) Secretary of Commonwealth as agent.--The acceptance by a 12 nonresident of any right or privilege conferred upon him by the 13 laws of this Commonwealth to title, register or operate a motor 14 vehicle within this Commonwealth, or the titling, registration 15 or operation by a nonresident or duly authorized agent or 16 employee of a motor vehicle within this Commonwealth, or in the 17 event the nonresident is the owner of a motor vehicle, then also 18 the titling, registration or operation of the vehicle within 19 this Commonwealth by any person with the express or implied 20 permission of the owner, shall be deemed equivalent to an 21 appointment by the nonresident of the Secretary of the 22 Commonwealth to be the true and lawful attorney upon whom may be 23 served all lawful process in any action or proceeding against 24 the nonresident growing out of any accident or collision 25 resulting from the operation of a motor vehicle upon any highway 26 or elsewhere throughout this Commonwealth. 27 (b) Implied consent of nonresident.--The titling, 28 registration or operation of a motor vehicle within this 29 Commonwealth shall be deemed consent by a nonresident that any 30 process served in the manner provided in this chapter shall be 19750H1817B3002 - 320 -
1 of the same legal force and validity as if served personally on 2 the nonresident. 3 § 6702. Residents who depart Commonwealth or whose whereabouts 4 are unknown. 5 The provisions of this chapter apply to any resident who 6 departs from this Commonwealth subsequent to an accident or 7 collision or to any resident whose whereabouts are unknown. 8 § 6703. Personal representatives of nonresidents. 9 The appointment of the Secretary of the Commonwealth as the 10 attorney for service of process on nonresidents is irrevocable 11 and binding upon the personal representative, executor or 12 administrator of the nonresident, and the provisions of this 13 chapter shall apply in an action or proceeding against the 14 personal representative, executor or administrator of a 15 nonresident when the action or proceeding arises out of any 16 accident or collision in which the nonresident may have been 17 involved. 18 § 6704. Manner of service of process. 19 Service of process shall be made in compliance with the 20 applicable Pennsylvania Rules of Civil and Criminal Procedure. 21 When service upon the Secretary of the Commonwealth is required, 22 a true and attested copy of the process shall be sent to the 23 Secretary of the Commonwealth by registered mail at least 15 24 days before the return day of the process. 25 § 6705. Record of service of process. 26 The Secretary of the Commonwealth shall keep a record of each 27 process served and the day and hour of the service. 28 PART VI 29 MISCELLANEOUS PROVISIONS 30 Chapter 19750H1817B3002 - 321 -
1 71. Vehicle Theft and Related Provisions 2 73. Abandoned Vehicles and Cargos 3 75. Messenger Service 4 CHAPTER 71 5 VEHICLE THEFT AND RELATED PROVISIONS 6 Subchapter 7 A. Identification Number 8 B. Stolen Vehicles 9 C. Misuse of Documents and Plates 10 SUBCHAPTER A 11 IDENTIFICATION NUMBER 12 Sec. 13 § 7101. REQUIREMENT FOR IDENTIFICATION NUMBER. <-- 14 7101 7102. Removal or falsification of identification number. <-- 15 7102 7103. Dealing in vehicles with removed or falsified <-- 16 numbers. 17 7103 7104. State replacement vehicle identification number <-- 18 plate. 19 7104 7105. Seizure of vehicles with removed or falsified <-- 20 numbers. 21 § 7101. REQUIREMENT FOR IDENTIFICATION NUMBER. <-- 22 EVERY VEHICLE SHALL CONTAIN A VEHICLE IDENTIFICATION NUMBER 23 WHICH SHALL BE PLACED UPON OR INCORPORATED INTO THE VEHICLE IN 24 SUCH MANNER AS TO BE A PERMANENT PART OF THE VEHICLE. 25 § 7101 7102. Removal or falsification of identification number. <-- 26 (a) Offense defined.--A person who wilfully removes or 27 falsifies an identification number of a vehicle, engine or 28 transmission is guilty of a misdemeanor of the third degree. 29 (b) Fraudulent intent.--A person who wilfully and with 30 intent to conceal or misrepresent the identity of a vehicle, 19750H1817B3002 - 322 -
1 engine or transmission, removes or falsifies an identification 2 number thereof, is guilty of a felony of the third degree. 3 (c) Exception.--This section does not apply to the removal 4 of an identification number from a vehicle for which a 5 certificate of junk has been obtained in accordance with section 6 1117 (relating to vehicle destroyed or junked). 7 § 7102 7103. Dealing in vehicles with removed or falsified <-- 8 numbers. 9 (a) Offense defined.--A person who buys, receives, 10 possesses, sells or disposes of a vehicle, engine or 11 transmission, knowing that an identification number has been 12 removed or falsified, is guilty of a misdemeanor of the third 13 degree. 14 (b) Knowledge of fraudulent intent.--A person who buys, 15 receives, possesses, sells or disposes of a vehicle, engine or 16 transmission with knowledge that an identification number has 17 been removed or falsified with intent to conceal or misrepresent 18 the identity thereof, is guilty of a felony of the third degree. 19 (c) Exception.--This section does not apply to the removal 20 of an identification number from a vehicle for which a 21 certificate of junk has been obtained in accordance with section 22 1117 (relating to vehicle destroyed or junked). 23 §7103 7104. State replacement vehicle identification number <-- 24 plate. 25 (a) General rule.--No vehicle on which the vehicle 26 identification number has been removed or falsified shall be 27 titled or registered without a special permit from the 28 department. 29 (b) Application for plate.--Before a certificate of title or 30 registration for the vehicle can be obtained, the owner shall 19750H1817B3002 - 323 -
1 apply to the department for a State replacement vehicle
2 identification number plate on a form furnished by the
3 department which shall contain the full name and address of the
4 owner and any other information the department may deem
5 necessary, sworn to before an official empowered to administer
6 oaths.
7 (c) Designation on plate.--The State replacement vehicle
8 identification number plate shall contain:
9 (1) Official department identification.
10 (2) The manufacturer's vehicle identification number, if
11 known, or a number assigned by the department.
12 (d) Issuance and display of plate.--The department shall
13 furnish a State replacement vehicle identification number plate
14 which shall be immediately placed in a uniform manner as
15 designated by the department on the vehicle.
16 (e) Reconstructed or specially-constructed vehicle.--The
17 department may assign a State replacement vehicle identification
18 number plate for a reconstructed or specially-constructed
19 vehicle.
20 § 7104 7105. Seizure of vehicles with removed or falsified <--
21 numbers.
22 (a) Duty of police.--Every police officer having knowledge
23 of a vehicle on which the vehicle identification number has been
24 removed or falsified shall immediately seize and take possession
25 of the vehicle and arrest or file a complaint for the arrest of
26 the suspected owner or custodian. In all actions involving
27 seizure or possession of such vehicles, vehicle identification
28 information shall be transmitted to the Federal or other
29 agencies involved in recovery of stolen vehicles.
30 (b) Proceedings if owner known.--The court, upon petition of
19750H1817B3002 - 324 -
1 the owner or of the person entitled to possession of a seized
2 vehicle, may relinquish custody of the vehicle to the person
3 legally entitled to the vehicle upon presentation of proof that
4 a State replacement vehicle identification number plate has been
5 issued by the department under section 7103 7104 (relating to <--
6 State replacement vehicle identification number plate). Except
7 as otherwise provided in this section, the court shall retain in
8 custody the seized vehicle pending prosecution of the person
9 arrested. In case the person is found guilty, the vehicle shall
10 remain in the custody of the court until the fine and costs of
11 prosecution are paid, except that if 90 days have elapsed after
12 the verdict has been rendered and the fine and costs have not
13 been paid, the court shall proceed to advertise and sell the
14 vehicle in the manner provided by law for the sale of personal
15 property under execution. The proceeds from the sale shall be
16 used to pay the fine and costs of prosecution and the balance,
17 if any, shall be forwarded to the department to be transmitted
18 to the State Treasurer for deposit in the Motor License Fund.
19 (c) Proceedings if owner unknown.--If ownership of the
20 vehicle is not established to the satisfaction of the court, the
21 vehicle shall be confiscated by the court and sold immediately,
22 and the proceeds shall be used to pay the costs of proceedings
23 and the balance, if any, shall be forwarded to the department to
24 be transmitted to the State Treasurer for deposit in the Motor
25 License Fund.
26 SUBCHAPTER B
27 STOLEN VEHICLES
28 Sec.
29 7111. Dealing in titles and plates for stolen vehicles.
30 7112. False report of theft or conversion of vehicle.
19750H1817B3002 - 325 -
1 7113. Reporting stolen and recovered vehicles. 2 7114. Records of stolen vehicles. 3 7115. Application for certificate of title of a stolen vehicle. 4 7116. Fraudulent removal of vehicle from garage. 5 § 7111. Dealing in titles and plates for stolen vehicles. 6 A person is guilty of a felony of the third degree if the 7 person with fraudulent intent procures or attempts to procure a 8 certificate of title or registration plate for a vehicle, or 9 passes or attempts to pass a certificate of title or an 10 assignment to a vehicle, knowing or having reason to believe 11 that the vehicle has been stolen. 12 § 7112. False report of theft or conversion of vehicle. 13 A person is guilty of a misdemeanor of the third degree if 14 the person knowingly makes a false report of the theft or 15 conversion of a vehicle to a police officer or to the 16 department. 17 § 7113. Reporting stolen and recovered vehicles. 18 (a) Stolen vehicle.--Every police department or police 19 office, having knowledge of a stolen vehicle, shall immediately 20 furnish the State Police with full information about the stolen 21 vehicle. The State Police shall forward the stolen vehicle 22 information to the department. 23 (b) Recovered stolen vehicle.--Within 48 hours of the 24 recovery of a stolen vehicle, the police shall notify the owner 25 of the vehicle. If the vehicle was recovered without their 26 knowledge, the owner shall notify the same police department to 27 which the theft was originally reported. On recovering or 28 receiving and verifying the report of recovery of a stolen 29 vehicle, the police shall notify the State Police. The State 30 Police shall notify the department of the recovery. 19750H1817B3002 - 326 -
1 § 7114. Records of stolen vehicles. 2 (a) General rule.--The department shall, upon receiving a 3 report of the theft of a vehicle, make an entry onto the 4 vehicle's record that it has been reported as stolen, which 5 entry shall remain until a report of recovery has been received 6 as provided in section 7113(b) (relating to reporting stolen and 7 recovered vehicles). If the vehicle is not reported as recovered 8 within five years, the department may remove the record from its 9 files. 10 (b) List of stolen and recovered vehicles.--The department 11 shall prepare periodic reports listing vehicles, stolen and 12 recovered, as disclosed by the reports submitted, to be 13 distributed as provided in regulations promulgated by the 14 department. 15 § 7115. Application for certificate of title of a stolen 16 vehicle. 17 Upon receipt of an application for a certificate of title of 18 a stolen vehicle, the department shall notify the State Police 19 and the rightful owner and shall withhold the issuing of the 20 certificate of title until the proper investigation is made. 21 § 7116. Fraudulent removal of vehicle from garage. 22 No person shall remove or cause to be removed, by any false 23 pretension or with intent to defraud, any vehicle that has been 24 placed in a garage or automobile shop for storage, repair or 25 garage service. 26 SUBCHAPTER C 27 MISUSE OF DOCUMENTS AND PLATES 28 Sec. 29 7121. False application for certificate of title or 30 registration. 19750H1817B3002 - 327 -
1 7122. Altered, forged or counterfeit documents and plates. 2 7123. Sale or purchase of certificate or other document. 3 7124. Fraudulent use or removal of registration plate. 4 § 7121. False application for certificate of title or 5 registration. 6 A person is guilty of a felony of the third degree if the 7 person uses a false or fictitious name or address or makes a 8 material false statement, or fails to disclose a security 9 interest, or conceals any other material fact in an application 10 for a certificate of title or for registration. 11 § 7122. Altered, forged or counterfeit documents and plates. 12 A person is guilty of a felony of the third degree if the 13 person, with fraudulent intent: 14 (1) alters, forges or counterfeits a certificate of 15 title, registration card or plate, inspection certificate or 16 proof of insurance; 17 (2) alters or forges an assignment of a certificate of 18 title, or an assignment or release of a security interest on 19 a certificate of title or any other document issued or 20 prepared for issue by the department; or 21 (3) has possession of, sells or attempts to sell, uses 22 or displays a certificate of title, registration card or 23 plate, driver's license, inspection certificate proof of 24 insurance or any other document issued by the department, 25 knowing it to have been altered, forged or counterfeited. 26 § 7123. Sale or purchase of certificate or other document. 27 It is unlawful to purchase or sell a certificate or any other 28 document issued by the department. Police officers or department 29 representatives may confiscate the documents when unlawfully 30 possessed or used. 19750H1817B3002 - 328 -
1 § 7124. Fraudulent use or removal of registration plate. 2 A person is guilty of a misdemeanor of the third degree if 3 the person either removes a registration plate from a vehicle or 4 affixes to a vehicle a registration plate not authorized by law 5 for use on the vehicle, with intent to conceal or misrepresent 6 the identity of the vehicle or its owner. 7 CHAPTER 73 8 ABANDONED VEHICLES AND CARGOS 9 Sec. 10 7301. Authorization of salvors. 11 7302. Certificate of authorization. 12 7303. Suspension of authorization. 13 7304. Reports to department of possession of abandoned 14 vehicles. 15 7305. Notice to owner and lienholders of abandoned vehicles. 16 7306. Payment of costs upon reclaiming vehicle. 17 7307. Authorization for disposal of unclaimed vehicles. 18 7308. Public sale of unclaimed vehicles with value. 19 7309. Junking of vehicles valueless except for junk. 20 7310. Removal of vehicles and spilled cargo from roadway. 21 7311. Reports by garage keepers of abandoned vehicles. 22 7312. Penalty for violation of chapter. 23 § 7301. Authorization of salvors. 24 (a) General rule.--The department shall authorize and shall 25 issue a certificate of authorization to every salvor that 26 complies with the requirements of this chapter and regulations 27 adopted by the department and is a vehicle salvage dealer as 28 defined in section 1337(c)(2) (relating to use of "Miscellaneous 29 Motor Vehicle Business" registration plates). 30 (b) Unauthorized operation prohibited.--No person shall 19750H1817B3002 - 329 -
1 operate as a salvor unless authorized. 2 (c) Duty of salvor.--Upon written request of a police 3 department, a salvor shall take possession of and remove to the 4 storage facility of the salvor any abandoned vehicle located 5 within 30 miles of the place of business of the salvor. 6 (d) Storage facility.--A salvor may rent or own a storage 7 facility, which shall comply with the act of December 15, 1971 8 (P.L.596, No.160), known as the "Outdoor Advertising Control Act 9 of 1971," where applicable, and with regulations promulgated by 10 the department. 11 § 7302. Certificate of authorization. 12 (a) Application and issuance.--Application for a certificate 13 of authorization shall be made on a form prescribed by the 14 department. The department shall investigate the qualifications 15 and fitness of the applicant and shall issue a certificate of 16 authorization if it determines that the applicant is capable of 17 performing the duties of a salvor in a manner consistent with 18 the public interest. 19 (b) Place of business.--Every applicant shall have and 20 maintain an established place of business. If the applicant has 21 or intends to have one or more places of business or branch 22 offices, the application shall contain complete information for 23 each location. 24 (c) Bonding required.--Before issuing a certificate of 25 authorization, the department shall require the applicant to 26 furnish and maintain a bond indemnifying the public and the 27 department in the amount of $10,000. An individual bond for each 28 place of business is not required, but all places of business 29 shall be covered by the bond. 30 (d) Duration and renewal.--Certificates of authorization 19750H1817B3002 - 330 -
1 shall be issued for a period of one year and shall be subject to 2 annual renewal. 3 § 7303. Suspension of authorization. 4 (a) General rule.--The department shall supervise salvors 5 and, after providing an opportunity for a hearing, shall suspend 6 the authorization of any salvor which the department finds is 7 not properly operated or which has violated or failed to comply 8 with any of the provisions of this chapter or regulations 9 adopted by the department. A suspended certificate of 10 authorization shall be returned to the department immediately 11 except an appeal from suspension as provided in subsection (b) 12 shall operate as a supersedeas of any suspension by the 13 department. 14 (b) Judicial review.--Any person whose certificate of 15 authorization has been denied or suspended under this chapter 16 shall have the right to file a petition within 30 days 17 thereafter for a hearing on the matter in the court of common 18 pleas of the county in which the principal place of business of 19 the salvor is located. The court is hereby vested with 20 jurisdiction and it shall be its duty to set the matter for 21 hearing upon 30 days' written notice to the department and to 22 take testimony and examine into the facts of the case and to 23 determine whether the petitioner is entitled to a certificate of 24 authorization or is subject to suspension of the certificate of 25 authorization under the provisions of this chapter. 26 § 7304. Reports to department of possession of abandoned 27 vehicles. 28 Any salvor taking possession of an abandoned vehicle pursuant 29 to section 7301(c) (relating to authorization of salvors) shall 30 within 48 hours after taking possession report to the department 19750H1817B3002 - 331 -
1 the make, model, vehicle identification number and registration 2 plate number of the abandoned vehicle, and the name and address 3 of the owner or person who abandoned the vehicle, if known, 4 together with any other information or documents which the 5 department may by regulation require. The report shall include a 6 statement whether the vehicle is valueless except for junk. 7 Where the report indicates the vehicle is valueless except for 8 junk, the salvor shall include a photograph of the vehicle to be 9 prepared in a manner prescribed by the department. A report by a 10 salvor that a vehicle is valueless except for junk shall be 11 verified by the police department which authorized transfer of 12 the vehicle to the salvor. 13 § 7305. Notice to owner and lienholders of abandoned vehicles. 14 (a) General rule.--Except as provided in section 7309 15 (relating to junking of vehicles valueless except for junk), the 16 department, upon receipt of notice that an abandoned vehicle has 17 been taken into possession pursuant to this chapter, shall 18 notify by certified mail, return receipt requested, the last 19 known registered owner of the vehicle and all lienholders of 20 record that the vehicle is abandoned. 21 (b) Contents of notice.--The notice shall: 22 (1) Describe the make, model, title number, vehicle 23 identification number and registration plate number of the 24 abandoned vehicle, if known. 25 (2) State the location where the vehicle is being held. 26 (3) Inform the owner and any lienholders of their right 27 to reclaim the vehicle within 30 days after the date of the 28 notice at the place where the vehicle is being held by the 29 salvor, upon payment of all towing and storage charges and 30 the fee authorized in section 7306 (relating to payment of 19750H1817B3002 - 332 -
1 costs upon reclaiming vehicle). 2 (4) State that the failure of the owner or lienholder to 3 reclaim the vehicle is deemed consent by the owner to the 4 destruction, sale or other disposition of the abandoned 5 vehicle and of all lienholders to dissolution of their liens. 6 (c) Notice by publication.--If the identity of the last 7 registered owner and of all lienholders cannot be determined 8 with reasonable certainty, the contents of the notice set forth 9 in subsection (b) shall be published one time in one newspaper 10 of general circulation in the area where the vehicle was 11 abandoned. The notice may contain multiple listings of abandoned 12 vehicles. Notice by publication locally shall be the 13 responsibility of the salvor. The notice shall have the same 14 effect as notice sent by certified mail. 15 § 7306. Payment of costs upon reclaiming vehicle. 16 In the event the owner or lienholder of an abandoned vehicle 17 reclaims the vehicle, the reclaiming party shall pay the costs 18 for towing and storage, plus a fee of $25 of which $10 shall be 19 transmitted to the department by the salvor. 20 § 7307. Authorization for disposal of unclaimed vehicles. 21 The department shall, after the expiration of 30 days from 22 the date of notice sent by certified mail to the registered 23 owner and all lienholders of record or 30 days after publication 24 of notice, where applicable, and upon receipt of a written 25 statement from the holder of the vehicle that the abandoned 26 vehicle has not been reclaimed by the owner or lienholder within 27 the 30-day period, authorize the disposal of the abandoned 28 vehicle in accordance with the provisions of this chapter. 29 § 7308. Public sale of unclaimed vehicles with value. 30 (a) General rule.--If an abandoned vehicle having value has 19750H1817B3002 - 333 -
1 not been reclaimed as provided in this chapter, the vehicle 2 shall be sold at a public auction. 3 (b) Title of purchaser.--The salvor shall give the purchaser 4 a sales receipt and shall apply to the department for a title 5 which shall be free and clear of all previous liens and claims 6 of ownership. 7 (c) Disposition of proceeds.--From the proceeds of the sale 8 of the abandoned vehicle, the salvor shall be reimbursed for the 9 costs of towing, storage, notice and publication costs and 10 expenses of auction. The remainder of the proceeds of a sale 11 shall be held for the owner of the vehicle or record lienholder 12 for 60 days from the date of sale and if not properly claimed 13 shall then be paid to the department and transmitted to the 14 State Treasurer for deposit in the Motor License Fund. 15 § 7309. Junking of vehicles valueless except for junk. 16 (a) Application for certificate of junk.--If an abandoned 17 vehicle is valueless except for junk, the salvor shall note that 18 fact in the report to the department required in section 7304 19 (relating to reports to department of possession of abandoned 20 vehicles) and shall apply for issuance of a certificate of junk 21 as provided for in section 1117 (relating to vehicle destroyed 22 or junked). 23 (b) Notice and issuance of certificate.--If the identity of 24 the last registered owner cannot be determined with reasonable 25 certainty and it is impossible to determine with reasonable 26 certainty the identity and addresses of any lienholder, no 27 notice shall be required. Under such circumstances, the 28 department shall upon receipt of the report by the salvor 29 pursuant to section 7304 issue a certificate of junk as provided 30 in section 1117. 19750H1817B3002 - 334 -
1 (c) Reimbursement of expenses of salvor.--Upon receipt 2 within six months of evidence that a salvor has removed an 3 abandoned vehicle upon the request of a police department, the 4 department shall pay to the salvor from the Motor License Fund 5 the sum of $15 for the expenses incurred in the removal and 6 towing of the abandoned vehicle. No portion of $15 payment or 7 any separate consideration shall be reimbursed or paid to any 8 government agency or municipality by the salvor. 9 (d) Rights of owners and lienholders.--Issuance by the 10 department of a certificate of junk for a vehicle junked under 11 this section shall operate as a divestiture of all right, title 12 and interest in the vehicle of the owner and all lienholders. 13 § 7310. Removal of vehicles and spilled cargo from roadway. 14 (a) General rule.--Police officers may remove or direct 15 removal of abandoned or wrecked vehicles and spilled cargo from 16 any roadway to the nearest point off the roadway where the 17 vehicle or spilled cargo will not interfere with or obstruct 18 traffic. Immediately following an accident, the wrecked vehicle 19 or spilled cargo shall be removed or directed to be removed from 20 the roadway by a police officer if the owner or operator cannot 21 remove the wrecked vehicle or refuses or fails to have the 22 vehicle removed within a reasonable time. 23 (b) Storage of cargo.--When, in the opinion of a police 24 officer, it is deemed necessary for the protection of the 25 contents or load of a wrecked vehicle or spilled cargo from the 26 elements, spoilage or theft, the police officer may remove or 27 direct to be removed and have stored at the expense of the owner 28 the contents or load or spilled cargo at the nearest practical 29 place of storage. 30 (c) Liability for damages.--In carrying out the provisions 19750H1817B3002 - 335 -
1 of this section, no liability shall attach to the police officer 2 or, absent a showing of gross negligence, to any person acting 3 under the direction of the police officer for damage to a 4 vehicle or damage to or loss of any portion of the contents or 5 load or spilled cargo. 6 § 7311. Reports by garage keepers of abandoned vehicles. 7 The person in charge of any garage or repair shop in which a 8 vehicle of unknown ownership has been left for a period of 15 9 consecutive days without being removed by the owner or any other 10 person duly authorized to remove the vehicle shall report to the 11 department within 24 hours of the expiration of the 15-day 12 period giving the make, engine number, vehicle identification 13 number, registration plate number and the name and address of 14 the person abandoning the vehicle if known. Upon receipt of the 15 report the department shall make a distinctive record of the 16 report and file the report in the manner provided in section 17 7114 (relating to records of stolen vehicles). 18 § 7312. Penalty for violation of chapter. 19 (a) Fines.--Any person violating any of the provisions of 20 this chapter for a first offense is guilty of a summary offense 21 punishable by a fine of not less than $100, and for a subsequent 22 offense is guilty of a misdemeanor of the third degree 23 punishable by a fine of not less than $500. 24 (b) Suspension.--For violation of any of the provisions of 25 this chapter, the salvor shall be subject to suspension of the 26 privilege to receive abandoned vehicles under this chapter. 27 CHAPTER 75 28 MESSENGER SERVICE 29 Sec. 30 7501. Authorization of messenger service. 19750H1817B3002 - 336 -
1 7502. Certificate of authorization. 2 7503. Suspension of authorization. 3 7504. Place of business. 4 7505. Transaction of business with department. 5 7506. Violations and penalties. 6 § 7501. Authorization of messenger service. 7 (a) General rule.--The department shall authorize and shall 8 issue a certificate of authorization to every messenger service 9 that complies with the requirements of this chapter and 10 regulations adopted by the department. 11 (b) Unauthorized operation prohibited.--No person shall 12 operate a messenger service unless authorized. 13 (c) Penalty.--Any person operating a messenger service 14 without authorization is guilty of a summary offense and shall, 15 upon conviction, be sentenced to pay a fine of not less than 16 $200. 17 § 7502. Certificate of authorization. 18 (a) Application and issuance.--Application for a certificate 19 of authorization shall be made on a form prescribed by the 20 department, accompanied by the applicable fee. The department 21 shall investigate the qualifications and fitness of the 22 applicant and shall issue a certificate of authorization if it 23 determines that the applicant is capable of performing the 24 duties of a messenger service in a manner consistent with the 25 public interest and the applicable fees are paid. 26 (b) Place of business.--Every applicant shall have and 27 maintain an established place of business. If the applicant has 28 or intends to have one or more places of business or branch 29 offices, the application shall contain complete information for 30 each location. 19750H1817B3002 - 337 -
1 (c) Bond required.--Before issuing a certificate of 2 authorization, the department shall require the applicant to 3 furnish and maintain a bond indemnifying the public and the 4 department in the amount of $25,000. An individual bond for each 5 place of business is not required, but all places of business 6 shall be covered by the bond. 7 (d) Commonwealth employees ineligible.--No official or 8 employee of the Commonwealth shall be given authorization to 9 operate as a messenger service, nor own, nor be employed by, a 10 messenger service. 11 (e) Duration and renewal.--Certificates of authorization 12 shall be given for a period of one year and may be renewed 13 annually. 14 § 7503. Suspension of authorization. 15 (a) General rule.--The department shall supervise messenger 16 services and, after providing an opportunity for a hearing, 17 shall suspend the authorization of any messenger service which 18 it finds is not properly operated or which has violated or 19 failed to comply with any of the provisions of this chapter or 20 regulations adopted by the department. Any suspended certificate 21 of authorization shall be returned to the department 22 immediately. A suspended certificate may be restored on such 23 terms and conditions, including the posting of additional bond, 24 as the department shall deem advisable. 25 (b) Judicial review.--Any person whose certificate of 26 authorization has been denied or suspended under this chapter 27 shall have the right to file a petition within 30 days 28 thereafter for a hearing on the matter in the court of common 29 pleas of the county in which the principal place of business of 30 the person is located. The court is hereby vested with 19750H1817B3002 - 338 -
1 jurisdiction and it shall be its duty to set the matter for 2 hearing upon 30 days' written notice to the department and to 3 take testimony and examine into the facts of the case and to 4 determine whether the petitioner is entitled to a certificate of 5 authorization or is subject to suspension of the certificate of 6 authorization under the provisions of this chapter. 7 § 7504. Place of business. 8 (a) Operation with other business.--A messenger service may 9 be operated in conjunction with a closely allied business in 10 accordance with regulations of the department. 11 (b) Change of location.--Upon notification in writing to the 12 department that the location of place of business or branch will 13 be changed and upon payment of the applicable transfer fee, the 14 department shall issue a certificate of authorization for the 15 new location for the unexpired period of authorization if the 16 department determines that the new location conforms to 17 department regulations. 18 (c) Failure to report change of location.--A change of 19 location or addition of a place of business or branch office 20 without notification to the department shall result in 21 suspension of the certificate of authorization. 22 (d) Display of sign and certificate.--Every messenger 23 service shall display on the outside of each place of business 24 an identifying sign conforming to regulations of the department 25 and shall prominently display within each place of business its 26 certificate of authorization. No person other than an authorized 27 messenger service shall display a similar identifying sign or 28 certificate. 29 § 7505. Transaction of business with department. 30 The department may designate those locations, facilities and 19750H1817B3002 - 339 -
1 hours of operation at which messenger services may transact 2 business with the department. Every messenger service to whom a 3 certificate of authorization has been issued pursuant to this 4 chapter shall be permitted to transact business with the 5 department at the locations and facilities and during the hours 6 of operation designated by the department. The department may 7 prescribe such regulations as may be necessary for the 8 administration of this chapter. 9 § 7506. Violations and penalties. 10 Any person violating any provision of this chapter or the 11 rules and regulations promulgated thereunder for which a 12 specific penalty is not provided is guilty of a summary offense 13 and shall, upon conviction, be sentenced to pay a fine of not 14 less than $100. 15 Section 2. Transition Provisions. 16 (a) Existing points.--All points assigned to the records of 17 licensed persons under former sections 618(b)(2) and 619.1 of 18 the act of April 29, 1959 (P.L.58, No.32), known as "The Vehicle 19 Code," shall be deleted from the records of the licensees and 20 thereafter may not be used as a basis for suspension of 21 operating privileges. The department shall return the licenses 22 of all drivers who are serving suspensions under section 23 618(b)(2) or 619.1. Such drivers shall not drive until they have 24 received their licenses. 25 (b) Purge of records.--All records of suspensions and 26 convictions under former sections 618(b)(2) and 619.1 of "The 27 Vehicle Code," shall be deleted from the records of the licensee 28 and shall not constitute prior suspensions for the purpose of 29 determining the length of suspensions under 75 Pa.C.S. § 1539. 30 The department shall purge its files of all such records. 19750H1817B3002 - 340 -
1 (c) Implementing regulations.--Immediately upon the final 2 enactment of this act, the Department of Transportation shall 3 promulgate regulations to implement the provisions of 75 Pa.C.S. 4 §§ 1535 through 1539 by assigning points as prescribed in 75 5 Pa.C.S. § 1535(a) for similar violations occurring prior to the 6 effective date of this act under the act of April 29, 1959 7 (P.L.58, No.32), known as "The Vehicle Code." The regulations 8 may be promulgated without compliance with statutory 9 requirements relating to notice of proposed rule making and 10 public hearings, may be made effective immediately upon 11 publication in the Pennsylvania Bulletin and may be made 12 retroactive to the date of final enactment of this act. 13 (d) Staggered registration renewal system.--The system of 14 staggered registration renewal provided for in 75 Pa.C.S. § 1307 15 (relating to period of registration) as added by this act shall 16 be implemented during a period of 18 months beginning six months 17 from the date of final enactment of this act in coordination 18 with the expiration of registration periods for various types of 19 vehicles under existing law. 20 (e) Exemption of existing drivers from examination.--At the 21 time of the first renewal following the effective date of this 22 act, a driver holding a valid driver's license issued by the 23 department may have the renewed driver's license endorsed with 24 one or more classes of vehicles based on experience in driving 25 the classes of vehicles without undergoing an examination. 26 Section 3. Saving Provision.--The provisions of Title 75 of 27 the Pennsylvania Consolidated Statutes as added by this act 28 shall not affect any act done, liability incurred, or right 29 accrued or vested, or affect any suit or prosecution pending or 30 to be instituted to enforce any right or penalty, or punish any 19750H1817B3002 - 341 -
1 offense, under the authority of any statute repealed by this
2 act.
3 Section 4. Severability.--If any provision of this act or
4 the application thereof to any person or circumstances is held
5 invalid, such invalidity shall not affect other provisions or
6 applications of the act which can be given effect without the
7 invalid provision or application, and to this end the provisions
8 of this act are declared to be severable.
9 SECTION 5. APPLICABILITY OF STATUTORY CONSTRUCTION ACT.--THE <--
10 PROVISIONS OF 1 PA.C.S. §§ 1952 (RELATING TO EFFECT OF SEPARATE
11 AMENDMENTS ON CODE PROVISIONS ENACTED BY SAME GENERAL ASSEMBLY)
12 AND 1974 (RELATING TO EFFECT OF SEPARATE REPEALS ON CODE
13 PROVISIONS BY SAME GENERAL ASSEMBLY) SHALL NOT BE APPLICABLE TO
14 ANY PROVISIONS OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED
15 STATUTES AS ADDED BY THIS ACT OR ANY ACT REPEALED BY THIS ACT.
16 Section 5. 6. Repeals. <--
17 (a) Specific repeals.--The following acts are repealed:
18 Act of April 23, 1889 (P.L.44, No.43), entitled "An act
19 defining the rights and regulating the use of bicycles and
20 tricycles."
21 Act of May 14, 1929 (P.L.1721, No.563), entitled, as amended,
22 "An act providing for the service of process in civil suits on
23 nonresident operators, nonresident owners or nonresident persons
24 in whose behalf a motor vehicle or motor boat is being operated
25 or motor vehicles or motor boats operated within the
26 Commonwealth of Pennsylvania; and making the operation of such a
27 motor vehicle or motor boat on the public highways or on inland
28 or tidal waters of the Commonwealth of Pennsylvania the
29 equivalent of the appointment of the Secretary of the
30 Commonwealth of the Commonwealth of Pennsylvania as the agent of
19750H1817B3002 - 342 -
1 the said nonresident, upon whom civil process may be served; and 2 providing for further notice to the defendant in any such suit." 3 Act of April 29, 1959 (P.L.58, No.32), known as "The Vehicle 4 Code." 5 (b) General repeal.--All other acts and parts of acts are 6 repealed in so far as they are inconsistent herewith. 7 Section 6. 7. Effective Date. <-- 8 (a) General rule.--Except as otherwise provided in this 9 section, this act shall take effect January 1, 1977. 10 (b) Point system.--Sections 1535 (relating to schedule of 11 convictions and points) through 1539 (relating to suspension of 12 operating privilege on accumulation of points) and section 1541 13 (relating to period of revocation or suspension of operating 14 privilege) through 1544 1545 (relating to additional period of <-- 15 revocation or suspension) of Title 75 as added by this act shall 16 take effect immediately. 17 (c) Removal of vehicles.--Section 3352 of Title 75 (relating 18 to removal of vehicle by or at direction of police) as added by 19 this act shall take effect immediately. 20 (d) Tire studs and ice grips.--Section 4525(c) of Title 75 <-- 21 (relating to tire studs and ice grips) as added by this act 22 shall take effect in four years. 23 (e) (D) Sale, publication and disclosure of records.-- <-- 24 Section 6114 of Title 75 (relating to limitation or ON sale, <-- 25 publication and disclosure of records) as added by this act 26 shall take effect immediately. 27 (f) (E) Erection of traffic-control devices.--Section 6122 <-- 28 of Title 75 (relating to authority to erect traffic-control 29 devices) as added by this act shall take effect July 1, 1977. J1L61BLRB/19750H1817B3002 - 343 -