SENATE AMENDED
PRIOR PRINTER'S NOS. 2326, 2774, 2873, PRINTER'S NO. 3266
3002
No. 1817 Session of 1975
INTRODUCED BY BONETTO, OCTOBER 2, 1975
SENATOR LYNCH, TRANSPORTATION, RE-REPORTED AS AMENDED,
MAY 25, 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.
1 § 1103. Application for certificate of title.
2 § 1104. Examination of records upon receipt of application.
3 § 1105. Issuance of certificate of title.
4 § 1106. Content and effect of certificate of title.
5 § 1107. Delivery of certificate of title.
6 § 1108. Registration without certificate of title.
7 § 1109. Refusing issuance of certificate of title.
8 § 1110. Duplicate certificate of title to replace original.
9 § 1111. Transfer of ownership of vehicle.
10 § 1112. Disclosure of odometer reading and tampering with
11 odometer.
12 § 1113. Transfer to or from manufacturer or dealer.
13 § 1114. Transfer of vehicle by operation of law.
14 § 1115. Correction of certificate of title.
15 § 1116. Issuance of new certificate following transfer.
16 § 1117. Vehicle destroyed or junked.
17 § 1118. Suspension and cancellation of certificate of title.
18 § 1119. Application for certificate of title by agent.
19 Subchapter B. Security Interests
20 § 1131. Applicability of subchapter.
21 § 1132. Perfection of security interest.
22 § 1133. Creation of security interest for titled vehicle.
23 § 1134. Assignment by lienholder of security interest.
24 § 1135. Satisfaction of security interest.
25 § 1136. Duty of lienholder to disclose pertinent information.
26 § 1137. Subchapter exclusive for perfecting security interest.
27 § 1138. Duration of lien recorded on certificate of title.
28 Chapter 13. Registration of Vehicles
29 Subchapter A. General Provisions
30 § 1301. Driving unregistered vehicle prohibited.
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1 § 1302. Vehicles subject to registration.
2 § 1303. Vehicles of nonresidents exempt from registration.
3 § 1304. Registration criteria.
4 § 1305. Application for registration.
5 § 1306. Grounds for refusing registration.
6 § 1307. Period of registration.
7 § 1308. Issuance of registration card.
8 § 1309. Renewal of registration.
9 § 1310. Temporary registration cards.
10 § 1311. Registration card to be signed and exhibited on demand.
11 § 1312. Notice of change of name or address.
12 § 1313. Duplicate registration cards.
13 § 1314. Transfer of registration.
14 § 1315. Operation of vehicle following death of owner.
15 § 1316. Department records.
16 Subchapter B. Registration Plates
17 § 1331. Registration plates to be furnished by department. <--
18 § 1331. ISSUANCE OF REGISTRATION PLATES. <--
19 § 1332. Display of registration plate.
20 § 1333. Lost, stolen, damaged or illegible registration plate.
21 § 1334. Return of registration plate.
22 § 1335. Registration plates for manufacturers and dealers.
23 § 1336. Use of dealer registration plates.
24 § 1337. Use of "Miscellaneous Motor Vehicle Business"
25 registration plates.
26 § 1338. Handicapped plate.
27 § 1339. Legislative plate.
28 § 1340. Antique and classic plates.
29 § 1341. Personal plate.
30 § 1342. PLATE FOR TOTALLY DISABLED VETERAN. <--
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1 § 1342 1343. Use of school bus plates. <--
2 § 1343 1344. Use of farm truck plates. <--
3 § 1344. Special plates for disabled veterans. <--
4 Subchapter C. Violations and Suspensions
5 § 1371. Operation following suspension of registration.
6 § 1372. Unauthorized transfer or use of registration.
7 § 1373. Suspension of registration.
8 § 1374. Suspension of vehicle business registration plates.
9 § 1375. Suspension of registration of unapproved carriers.
10 § 1376. Surrender of registration plates and cards upon
11 suspension.
12 § 1377. Judicial review of denial or suspension of
13 registration.
14 Chapter 15. Licensing of Drivers
15 Subchapter A. General Provisions
16 § 1501. Drivers required to be licensed.
17 § 1502. Persons exempt from licensing.
18 § 1503. Persons ineligible for licensing.
19 § 1504. Classes of licenses.
20 § 1505. Learners' permits.
21 § 1506. Application for driver's license or learner's permit.
22 § 1507. Application for driver's license or learner's permit
23 by minor.
24 § 1508. Examination of applicant for driver's license.
25 § 1509. Qualifications for Class 4 license.
26 § 1510. Issuance and content of driver's license.
27 § 1511. Carrying and exhibiting driver's license on demand.
28 § 1512. Restrictions on drivers' licenses.
29 § 1513. Duplicate and substitute drivers' licenses and
30 learners' permits.
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1 § 1514. Expiration and renewal of drivers' licenses.
2 § 1515. Notice of change of name or address.
3 § 1516. Department records.
4 § 1517. Medical advisory board.
5 § 1518. Reports on mental or physical disabilities or
6 disorders.
7 § 1519. Determination of incompetency.
8 Subchapter B. Comprehensive System for Driver Education
9 and Control
10 § 1531. Administration of system by department.
11 § 1532. Revocation of operating privilege.
12 § 1533. Suspension of operating privilege for failure to
13 respond to citation.
14 § 1534. Suspension of operating privilege upon <--
15 NOTICE OF acceptance of Accelerative Rehabilitative <--
16 Disposition.
17 § 1535. Schedule of convictions and points.
18 § 1536. Notice of assignment of points.
19 § 1537. Removal of points.
20 § 1538. School, examination or hearing
21 on accumulation of points or excessive speeding.
22 § 1539. Suspension of operating privilege on accumulation of
23 points.
24 § 1540. Surrender of license.
25 § 1541. Period of revocation or suspension of operating
26 privilege.
27 § 1542. Revocation of habitual offender's license.
28 § 1543. Driving while operating privilege is suspended
29 or revoked.
30 § 1544. Assignment of points for conviction in another
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1 state.
2 § 1545. Additional period of revocation or suspension.
3 § 1546. Restoration of operating privilege.
4 § 1547. Suspension or revocation of nonresident's
5 operating privilege.
6 § 1548. Suspension or revocation for conviction in
7 another state.
8 § 1549. Chemical test to determine amount of alcohol.
9 § 1550. Post conviction examination for driving
10 under influence.
11 § 1551. LIMITED DRIVER'S LICENSE. <--
12 § 1551 1552. Establishment of schools. <--
13 § 1552 1553. Judicial review. <--
14 § 1553 1554. Notice of suspension of licenses or permits. <--
15 Subchapter C. Violations.
16 § 1571. Violations concerning licenses.
17 § 1572. Cancellation of driver's license.
18 § 1573. Driving under foreign license during suspension or
19 revocation.
20 § 1574. Permitting unauthorized person to drive.
21 § 1575. Permitting violation of title.
22 § 1576. Local authorities liable for negligence of their
23 employees.
24 Chapter 17. Financial Responsibility
25 Subchapter A. General Provisions
26 § 1701. Application of chapter.
27 § 1702. Administration of chapter.
28 § 1703. Availability of other remedies.
29 § 1704. Transfer of suspended registration to evade chapter.
30 Subchapter B. Deposit of Security
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1 § 1721. Deposit of security following accident.
2 § 1722. Suspension of license of resident involved in accident
3 in another state.
4 § 1723. Exceptions to security requirements.
5 § 1724. Duration of suspension.
6 § 1725. Coverage and revision of security.
7 § 1726. Custody, disposition and return of security.
8 § 1727. Matters not evidence in civil actions.
9 § 1728. Appeal to court from action of department.
10 Subchapter C. Proof of Future Responsibility
11 § 1741. Court reports on nonpayment of judgments.
12 § 1742. Suspension for nonpayment of judgments.
13 § 1743. Continuation of suspension until judgments paid and
14 proof given.
15 § 1744. Payments sufficient to satisfy judgments.
16 § 1745. Installment payment of judgments.
17 § 1746. Proof of financial responsibility after suspension
18 or revocation.
19 § 1747. Providing financial responsibility.
20 Chapter 19. Fees
21 Subchapter A. General Provisions
22 § 1901. Exemption of entities and vehicles from fees.
23 § 1902. Exemptions from other fees.
24 § 1903. Limitation on local license fees and taxes.
25 § 1904. Collection and disposition of fees and moneys.
26 Subchapter B. Registration Fees
27 § 1911. Annual registration fees.
28 § 1912. Passenger cars.
29 § 1913. Motor homes.
30 § 1914. Motorcycles.
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1 § 1915. Motor-driven cycles.
2 § 1916. Trucks and truck-tractors.
3 § 1917. Motor buses.
4 § 1918. School buses.
5 § 1919. Electric vehicles.
6 § 1920. Trailers and semi-trailers. <--
7 § 1921. Special mobile equipment.
8 § 1922. Antique vehicles. <--
9 § 1922. IMPLEMENTS OF HUSBANDRY. <--
10 § 1923. Classic ANTIQUE AND CLASSIC vehicles. <--
11 § 1924. Farm trucks.
12 § 1925. Ambulances, taxis and hearses.
13 § 1926. Dealers and miscellaneous motor vehicle business.
14 § 1927. Transfer of registration.
15 § 1928. Processing temporary registration. <--
16 § 1928. TEMPORARY REGISTRATION PLATES. <--
17 § 1929. Replacement registration plates.
18 § 1930. Special LEGISLATIVE registration plates. <--
19 § 1931. PERSONAL REGISTRATION PLATES. <--
20 § 1931 1932. Duplicate registration cards. <--
21 Subchapter C. Permits
22 § 1941. Scope of subchapter.
23 § 1942. Special hauling permits as to weight and size.
24 § 1943. Annual hauling permits.
25 § 1944. Mobile homes and similar trailers.
26 § 1945. BOOKS OF PERMITS. <--
27 § 1945 1946. Movements requiring special escort. <--
28 § 1947. REFUND OF CERTAIN FEES. <--
29 Subchapter D. Miscellaneous Fees
30 § 1951. Driver's license and learner's permit.
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1 § 1952. Certificate of title.
2 § 1953. Security interest.
3 § 1954. Approval of vehicle equipment and testing devices.
4 § 1955. Information concerning drivers and vehicles.
5 § 1956. Certified copies of records.
6 § 1957. Uncollectible checks.
7 § 1958. Certificate of inspection.
8 § 1959. Messenger service.
9 PART III. OPERATION OF VEHICLES
10 Chapter 31. General Provisions
11 Subchapter A. Obedience to and Effect of Traffic Laws
12 § 3101. Application of part.
13 § 3102. Obedience to authorized persons directing traffic.
14 § 3103. Persons riding animals or driving animal-drawn
15 vehicles.
16 § 3104. Persons working on highways.
17 § 3105. Drivers of emergency vehicles.
18 § 3106. Operators of streetcars.
19 Subchapter B. Traffic-control Devices
20 § 3111. Obedience to traffic-control devices.
21 § 3112. Traffic-control signals.
22 § 3113. Pedestrian-control signals.
23 § 3114. Flashing signals.
24 § 3115. Lane-direction-control signals.
25 Chapter 33. Rules of the Road in General
26 Subchapter A. General Provisions
27 § 3301. Driving on right side of roadway.
28 § 3302. Meeting vehicle proceeding in opposite direction.
29 § 3303. Overtaking vehicle on the left.
30 § 3304. Overtaking vehicle on the right.
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1 § 3305. Limitations on overtaking on the left.
2 § 3306. Limitations on driving on left side of roadway.
3 § 3307. No-passing zones.
4 § 3308. One-way roadways and rotary traffic islands.
5 § 3309. Driving on roadways laned for traffic.
6 § 3310. Following too closely.
7 § 3311. Driving on divided highways.
8 § 3312. Limited-access highway entrances and exits.
9 § 3313. Restrictions on use of limited-access highways.
10 § 3314. Prohibiting use of hearing impairment devices.
11 Subchapter B. Right-of-way
12 § 3321. Vehicle approaching or entering intersection.
13 § 3322. Vehicle turning left.
14 § 3323. Stop signs and yield signs.
15 § 3324. Vehicle entering or crossing roadway.
16 § 3325. Duty of driver on approach of emergency vehicle.
17 § 3326. Duty of driver in construction and maintenance areas.
18 Subchapter C. Turning, Starting and Signals
19 § 3331. Required position and method of turning.
20 § 3332. Limitations on turning around.
21 § 3333. Moving stopped or parked vehicle.
22 § 3334. Turning movements and required signals.
23 § 3335. Signals by hand and arm or signal lamps.
24 § 3336. Method of giving hand and arm signals.
25 Subchapter D. Special Stops Required
26 § 3341. Obedience to signal indicating approach of train.
27 § 3342. Vehicles required to stop at railroad crossings.
28 § 3343. Moving heavy equipment at railroad grade crossings.
29 § 3344. Emerging from alley, driveway or building.
30 § 3345. Meeting or overtaking school bus.
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1 Subchapter E. Stopping, Standing and Parking
2 § 3351. Stopping, standing and parking outside business and
3 residence districts.
4 § 3352. Removal of vehicle by or at direction of police.
5 § 3353. Prohibitions in specified places.
6 § 3354. Additional parking regulations.
7 Subchapter F. Speed Restrictions.
8 § 3361. Driving vehicle at safe speed.
9 § 3362. Maximum speed limits.
10 § 3363. Alteration of maximum limits.
11 § 3364. Minimum speed regulation.
12 § 3365. Special speed limitations.
13 § 3366. Charging speed violations.
14 § 3367. Racing on highways.
15 § 3368. Speed timing devices.
16 § 3369. DEFENSE IN SPEED VIOLATION PROSECUTIONS. <--
17 Chapter 35. Special Vehicles and Pedestrians
18 Subchapter A. Operation of Bicycles PEDALCYCLES <--
19 § 3501. Applicability of traffic laws to bicycles PEDALCYCLES. <--
20 § 3502. Penalty for violation of subchapter.
21 § 3503. Responsibility of parent or guardian.
22 § 3504. Riding on bicycles PEDALCYCLES. <--
23 § 3505. Riding on roadways and bicycle PEDALCYCLE paths. <--
24 § 3506. Articles carried by operator.
25 § 3507. Lamps and other equipment on bicycles PEDALCYCLES. <--
26 § 3508. Bicycles PEDALCYCLES on sidewalks and <--
27 bicycle PEDALCYCLE paths. <--
28 § 3509. PARKING. <--
29 Subchapter B. Special Rules for Motorcycles
30 § 3521. Applicability of traffic laws to motorcycles.
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1 § 3522. Riding on motorcycles.
2 § 3523. Operating motorcycles on roadways laned for traffic.
3 § 3524. Footrests and handlebars.
4 § 3525. Protective equipment for motorcycle riders.
5 Subchapter C. Rights and Duties of Pedestrians
6 § 3541. Obedience of pedestrians to traffic-control devices
7 and regulations.
8 § 3542. Right-of-way of pedestrians in crosswalks.
9 § 3543. Pedestrians crossing at other than crosswalks.
10 § 3544. Pedestrians walking along or on highway.
11 § 3545. Pedestrians soliciting rides or business.
12 § 3546. Driving through or around safety zone.
13 § 3547. Right-of-way of pedestrians on sidewalks.
14 § 3548. Pedestrians to yield to authorized emergency vehicles.
15 § 3549. Blind pedestrians.
16 § 3550. Pedestrians under influence of alcohol or controlled
17 substance.
18 § 3551. Compliance with bridge and railroad warning signals.
19 § 3552. Penalty for violation of subchapter.
20 Chapter 37. Miscellaneous Provisions
21 Subchapter A. Offenses in General
22 § 3701. Unattended motor vehicle.
23 § 3702. Limitations on backing.
24 § 3703. Driving upon sidewalk.
25 § 3704. Obstruction to driving view or mechanism.
26 § 3705. Opening and closing vehicle doors.
27 § 3706. Riding in house trailers, mobile homes or boats
28 or trailers.
29 § 3707. Driving or stopping close to fire apparatus.
30 § 3708. Unauthorized driving over fire hose.
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1 § 3709. Depositing waste and other material on highway.
2 § 3710. Stopping at intersection or crossing to prevent
3 obstruction.
4 § 3711. Unauthorized persons and devices hanging on
5 vehicles.
6 § 3712. Abandonment and stripping of vehicles.
7 § 3713. Railroad trains not to block crossings.
8 Subchapter B. Serious Traffic Offenses
9 § 3731. Reckless driving.
10 § 3732. Driving under influence of alcohol or controlled
11 substance.
12 § 3733. Homicide by vehicle.
13 § 3734. Fleeing or attempting to elude police officer.
14 § 3735. Driving without lights to avoid identification or
15 arrest.
16 Subchapter C. Accidents and Accident Reports
17 § 3741. Application of subchapter.
18 § 3742. Accidents involving death or personal injury.
19 § 3743. Accidents involving damage to attended vehicle or
20 property.
21 § 3744. Duty to give information and render aid.
22 § 3745. Accidents involving damage to unattended vehicle or
23 property.
24 § 3746. Immediate notice of accident to police department.
25 § 3747. Written report of accident by driver or owner.
26 § 3748. False reports.
27 § 3749. Reports by coroners and medical examiners.
28 § 3750. Reports by garages.
29 § 3751. Reports by police.
30 § 3752. Accident report forms.
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1 § 3753. Department to tabulate and analyze accident reports.
2 § 3754. ACCIDENT PREVENTION INVESTIGATIONS. <--
3 PART IV. VEHICLE CHARACTERISTICS
4 Chapter 41. Equipment Standards
5 § 4101. Purpose of part.
6 § 4102. Definitions.
7 § 4103. Promulgation of vehicle equipment standards.
8 § 4104. Testing and approval of equipment.
9 § 4105. Revocation and renewal of certificates of approval.
10 § 4106. Market surveillance program.
11 § 4107. Unlawful activities.
12 § 4108. Injunctive relief.
13 Chapter 43. Lighting Equipment
14 § 4301. Promulgation of regulations by department.
15 § 4302. Period for requiring lighted lamps.
16 § 4303. General lighting requirements.
17 § 4304. Obstructed lights not required.
18 § 4305. Vehicular hazard signal lamps.
19 § 4306. Use of multiple-beam road lighting equipment.
20 § 4307. Use and display of illuminated signs.
21 Chapter 45. Other Required Equipment
22 Subchapter A. Brake Equipment
23 § 4501. Promulgation of regulations by department.
24 § 4502. General requirements for braking systems.
25 Subchapter B. Safety and Anti-pollution Equipment
26 § 4521. Promulgation of regulations by department.
27 § 4522. Violation of Federal statute or regulation.
28 § 4523. Exhaust systems, mufflers and noise control.
29 § 4524. Windshield obstructions and wipers.
30 § 4525. Tire equipment and traction surfaces.
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1 § 4526. Safety glass.
2 § 4527. Television equipment.
3 § 4528. Fire extinguishers.
4 § 4529. Slow moving vehicle emblem.
5 § 4530. Portable emergency warning devices.
6 § 4531. Emission control systems.
7 § 4532. Smoke control for diesel-powered motor vehicles.
8 § 4533. Spray protection. REAR WHEEL SHIELDS. <--
9 § 4534. Rear-view mirrors.
10 § 4535. Audible warning devices.
11 § 4536. Bumpers.
12 Subchapter C. Vehicles for Transportation of School Children
13 § 4551. Safety regulations.
14 § 4552. General requirements for school buses.
15 § 4553. General requirements for other vehicles transporting
16 school children.
17 Subchapter D. Equipment of Authorized and Emergency Vehicles
18 § 4571. Visual and audible signals on emergency vehicles.
19 § 4572. Visual signals on authorized vehicles.
20 Chapter 47. Inspection of Vehicles
21 Subchapter A. Inspection Requirements
22 § 4701. Duty to comply with inspection laws.
23 § 4702. Requirement for periodic inspection of vehicles.
24 § 4703. Operation of vehicle without official certificate of
25 inspection.
26 § 4704. Notice by police officers of violation.
27 § 4705. Inspection of vehicles for transportation of school
28 children.
29 Subchapter B. Official Inspection Stations
30 § 4721. Appointment of official inspection stations.
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1 § 4722. Certificate of appointment.
2 § 4723. Certificate of appointment for inspecting fleet
3 vehicles.
4 § 4724. Suspension of certificates of appointment.
5 § 4725. Use of certificate of appointment at official
6 inspection stations.
7 § 4726. Certification of mechanics.
8 § 4727. Issuance of certificate of inspection.
9 § 4728. Display of certificate of inspection.
10 § 4729. Removal of certificate of inspection.
11 § 4730. Violations of use of certificate of inspection.
12 § 4731. Records of inspections and certificates issued.
13 § 4732. Inspection Advisory Board.
14 Chapter 49. Size, Weight and Load
15 Subchapter A. General Provisions
16 § 4901. Scope and application of chapter.
17 § 4902. Restrictions on use of highways and bridges.
18 § 4903. Securing loads in vehicles.
19 § 4904. Limits on number of towed vehicles.
20 § 4905. Safety requirements for towed vehicles.
21 § 4906. Fire apparatus.
22 § 4907. Penalty for violation of chapter.
23 Subchapter B. Width, Height and Length
24 § 4921. Width of vehicles.
25 § 4922. Height of vehicles.
26 § 4923. Length of vehicles.
27 § 4924. Limitations on length of projecting loads.
28 § 4925. Width of projecting loads on passenger vehicles.
29 Subchapter C. Maximum Weights of Vehicles
30 § 4941. Maximum gross weight of vehicles.
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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 Subchapter D. Special Permits for Excessive Size and Weight
10 § 4961. Authority to issue permits.
11 § 4962. Conditions of permits and security for damages.
12 § 4963. Exemptions for vehicles used in State highway
13 construction.
14 § 4964. Oral authorization following emergency or accident.
15 § 4965. Single permits for multiple highway crossings.
16 § 4966. Permit for movement of quarry equipment.
17 § 4967. Permit for movement of implements of husbandry.
18 § 4968. Permit for movement of equipment being manufactured.
19 § 4969. PERMIT FOR MOVEMENT OF VEHICLES WITH OVERSIZE WHEELS <--
20 AND TIRES.
21 § 4970. PERMIT FOR MOVEMENT OF UTILITY CONSTRUCTION EQUIPMENT.
22 Subchapter E. Measuring and Adjusting Vehicle Size and
23 Weight
24 § 4981. Weighing and measurement of vehicles.
25 § 4982. Reducing or readjusting loads of vehicles.
26 § 4983. Penalty for violation of subchapter.
27 PART V. ADMINISTRATION AND ENFORCEMENT
28 Chapter 61. Powers of Department and Local Authorities
29 Subchapter A. General Provisions
30 § 6101. Applicability and uniformity of title.
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1 § 6102. Powers and duties of department and local authorities.
2 § 6103. Promulgation of rules and regulations by department.
3 § 6104. Administrative duties of department.
4 § 6105. Department to prescribe traffic and engineering
5 investigations.
6 § 6106. Designation of emergency vehicles by department.
7 § 6107. Designation of authorized vehicles by department.
8 § 6108. Power of Governor during emergency. <--
9 § 6109 6108. Specific powers of department and local <--
10 authorities.
11 § 6110 6109. Regulation of traffic on Pennsylvania Turnpike. <--
12 § 6111 6110. Regulation of traffic on bridges under authority <--
13 of interstate commissions.
14 § 6112 6111. Removal of traffic hazards by property owner. <--
15 § 6113 6112. Control of public travel on private property <--
16 by owner.
17 § 6114 6113. Limitation on sale, publication and disclosure <--
18 of records.
19 Subchapter B. Traffic-control Devices
20 § 6121. Uniform system of traffic-control devices.
21 § 6122. Authority to erect traffic-control devices.
22 § 6123. Erection of traffic-control devices while working.
23 § 6124. Erection of traffic-control devices at intersections.
24 § 6125. Display of unauthorized signs, signals or markings.
25 § 6126. Interference with devices, signs or signals.
26 § 6127. Dealing in nonconforming traffic-control devices.
27 Subchapter C. Reciprocity
28 § 6141. Declaration of policy.
29 § 6142. Reciprocity agreements, arrangements and declarations
30 authorized.
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1 § 6143. Benefits, privileges and exemptions from taxes and
2 fees.
3 § 6144. Vehicle registration and licensing.
4 § 6145. Proportional registration of fleet vehicles.
5 § 6146. Enforcement agreements.
6 § 6147. Declaration of reciprocity in absence of agreement.
7 § 6148. Applicability to leased vehicles.
8 § 6149. Automatic reciprocity.
9 § 6150. Proportional registration not exclusive.
10 § 6151. Suspension of reciprocity benefits.
11 § 6152. Form, publication and distribution of documents.
12 § 6153. Existing reciprocity agreements unaffected.
13 Chapter 63. Enforcement
14 Subchapter A. General Provisions
15 § 6301. Prosecutions under local ordinances superseded by
16 title.
17 § 6302. Limitation of actions for summary offenses.
18 § 6303. Rights and liabilities of minors.
19 § 6304. AUTHORITY TO ARREST WITHOUT WARRANT. <--
20 § 6304 6305. Arrest of nonresident. <--
21 § 6305 6306. Costs for summary offenses. <--
22 § 6306 6307. Liability for costs not paid by defendant. <--
23 § 6307 6308. Investigation by police officers. <--
24 § 6308 6309. Falsification. <--
25 § 6310. AUTHORITY OF PENNSYLVANIA STATE POLICE. <--
26 Subchapter B. Records of Traffic Cases
27 § 6321. Records of issuing authorities.
28 § 6322. Reports by issuing authorities.
29 § 6323. Reports by courts of record.
30 § 6324. Failure to comply with provisions of subchapter.
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1 § 6325. Department records.
2 § 6326. Traffic citation forms.
3 Subchapter C. Evidentiary Matters
4 § 6341. Admissibility of copies of records as evidence.
5 § 6342. Registration number as prima facie evidence of
6 operation.
7 Chapter 65. Penalties and Disposition of Fines
8 § 6501. Definition of conviction.
9 § 6502. Summary offenses.
10 § 6503. Misdemeanors.
11 § 6504. Felonies.
12 § 6505. Inability to pay fine and costs.
13 § 6506. Disposition of fines and forfeitures.
14 Chapter 67. Service of Process on Nonresidents
15 § 6701. Service of process on nonresident.
16 § 6702. Residents who depart Commonwealth or whose whereabouts
17 are unknown.
18 § 6703. Personal representatives of nonresidents.
19 § 6704. Manner of service of process.
20 § 6705. Record of service of process.
21 PART VI. MISCELLANEOUS PROVISIONS
22 Chapter 71. Vehicle Theft and Related Provisions
23 Subchapter A. Identification Number
24 § 7101. Requirement for identification number.
25 § 7102. Removal or falsification of identification
26 number.
27 § 7103. Dealing in vehicles with removed or
28 falsified numbers.
29 § 7104. State replacement vehicle identification
30 number plate.
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1 § 7105. Seizure of vehicles with removed or
2 falsified numbers.
3 Subchapter B. Stolen Vehicles
4 § 7111. Dealing in titles and plates for stolen vehicles.
5 § 7112. False report of theft or conversion of vehicle.
6 § 7113. Reporting stolen and recovered vehicles.
7 § 7114. Records of stolen vehicles.
8 § 7115. Application for certificate of title of a stolen
9 vehicle.
10 § 7116. Fraudulent removal of vehicle from garage.
11 Subchapter C. Misuse of Documents and Plates
12 § 7121. False application for certificate of title or
13 registration.
14 § 7122. Altered, forged or counterfeit documents and plates.
15 § 7123. Sale or purchase of certificate or other document.
16 § 7124. Fraudulent use or removal of registration plate.
17 Chapter 73. Abandoned Vehicles and Cargos
18 § 7301. Authorization of salvors.
19 § 7302. Certificate of authorization.
20 § 7303. Suspension of authorization.
21 § 7304. Reports to department of possession of abandoned
22 vehicles.
23 § 7305. Notice to owner and lienholders of abandoned vehicles.
24 § 7306. Payment of costs upon reclaiming vehicle.
25 § 7307. Authorization for disposal of unclaimed vehicles.
26 § 7308. Public sale of unclaimed vehicles with value.
27 § 7309. Junking of vehicles valueless except for junk.
28 § 7310. Removal of vehicles and spilled cargo from roadway.
29 § 7311. Reports by garage keepers of abandoned vehicles.
30 § 7312. Penalty for violation of chapter.
19750H1817B3266 - 21 -
1 Chapter 75. Messenger Service
2 § 7501. Authorization of messenger service.
3 § 7502. Certificate of authorization.
4 § 7503. Suspension of authorization.
5 § 7504. Place of business.
6 § 7505. Transaction of business with department.
7 § 7506. Violations and penalties.
8 CHAPTER 77. SNOWMOBILES <--
9 SUBCHAPTER A. GENERAL PROVISIONS
10 § 7701. SHORT TITLE OF CHAPTER.
11 § 7702. DEFINITIONS.
12 § 7703. APPLICABILITY OF CHAPTER.
13 § 7704. RULES AND REGULATIONS.
14 § 7705. DISPOSITION OF FINES AND PENALTIES.
15 § 7706. RESTRICTED RECEIPTS FUND.
16 SUBCHAPTER B. REGISTRATION
17 § 7711. REGISTRATION OF DEALERS.
18 § 7712. REGISTRATION OF SNOWMOBILES.
19 § 7713. CERTIFICATES OF REGISTRATION AND DECALS.
20 § 7714. EXEMPTIONS FROM REGISTRATION.
21 § 7715. RECIPROCITY.
22 § 7716. CENTRAL REGISTRATION FILE.
23 SUBCHAPTER C. OPERATION
24 § 7721. OPERATION ON STREETS AND HIGHWAYS.
25 § 7722. DESIGNATION OF SNOWMOBILE ROADS.
26 § 7723. SPECIAL SNOWMOBILE EVENTS.
27 § 7724. OPERATION ON PRIVATE OR STATE PROPERTY.
28 § 7725. OPERATION BY PERSONS UNDER AGE SIXTEEN.
29 § 7726. OPERATION IN SAFE MANNER.
30 § 7727. ADDITIONAL LIMITATIONS ON OPERATION.
19750H1817B3266 - 22 -
1 § 7728. ACCIDENTS AND ACCIDENT REPORTS.
2 § 7729. LIABILITY OF OWNER FOR NEGLIGENCE.
3 SUBCHAPTER D. EQUIPMENT
4 § 7741. HEAD LAMPS AND TAIL LAMPS.
5 § 7742. BRAKES.
6 § 7743. MUFFLERS AND NOISE CONTROL.
7 SUBCHAPTER E. MISCELLANEOUS PROVISIONS
8 § 7751. ENFORCEMENT PERSONNEL AND PROCEDURES.
9 § 7752. PENALTIES FOR VIOLATION OF CHAPTER.
10 § 7753. ACTIONS FOR COLLECTION OF PENALTIES.
11 CHAPTER 81. INTERSTATE COMPACTS AND AGREEMENTS
12 SUBCHAPTER A. BUS TAXATION PRORATION AGREEMENT
13 § 8101. BUS TAXATION PRORATION AGREEMENT ENACTED.
14 § 8102. SECRETARY OF TRANSPORTATION TO BE ADMINISTRATOR.
15 § 8103. EXEMPTIONS FROM AGREEMENT AND CHANGES IN REPORTING.
16 § 8104. GOVERNOR TO GIVE NOTICE OF WITHDRAWAL FROM AGREEMENT.
17 § 8105. APPLICABILITY OF OTHER PROVISIONS OF TITLE.
18 SUBCHAPTER B. VEHICLE EQUIPMENT SAFETY COMPACT
19 § 8111. VEHICLE EQUIPMENT SAFETY COMPACT ENACTED.
20 § 8112. LEGISLATIVE FINDINGS.
21 § 8113. APPLICABILITY OF OTHER PROVISIONS OF TITLE.
22 § 8114. STATUTORY APPROVAL OF COMMISSION RULE, REGULATION OR
23 ORDER.
24 § 8115. SECRETARY OF TRANSPORTATION TO BE COMMISSIONER.
25 § 8116. STATE EMPLOYEES RETIREMENT COVERAGE FOR COMMISSION
26 EMPLOYEES.
27 § 8117. COOPERATION OF STATE AGENCIES WITH COMMISSION.
28 § 8118. DOCUMENT FILINGS AND NOTICES UNDER BYLAWS.
29 § 8119. SUBMISSION OF COMMISSION BUDGETS.
30 § 8120. INSPECTION OF COMMISSION ACCOUNTS BY AUDITOR GENERAL.
19750H1817B3266 - 23 -
1 § 8121. GOVERNOR AS EXECUTIVE HEAD.
2 § 8122. PENALTY FOR VIOLATION OF COMPACT.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Title 75, act of November 25, 1970 (P.L.707,
6 No.230), known as the Pennsylvania Consolidated Statutes, is
7 amended by adding parts to read:
8 TITLE 75
9 VEHICLES
10 Part
11 I. Preliminary Provisions
12 II. Title, Registration and Licensing
13 III. Operation of Vehicles
14 IV. Vehicle Characteristics
15 V. Administration and Enforcement
16 VI. Miscellaneous Provisions
17 PART I
18 PRELIMINARY PROVISIONS
19 Chapter
20 1. General Provisions
21 CHAPTER 1
22 GENERAL PROVISIONS
23 Sec.
24 101. Short title of title.
25 102. Definitions.
26 103. Uniformity of interpretation.
27 104. Continuation of existing law.
28 § 101. Short title of title.
29 This title shall be known and may be cited as the "Vehicle
30 Code."
19750H1817B3266 - 24 -
1 § 102. Definitions.
2 Subject to additional definitions contained in subsequent
3 provisions of this title which are applicable to specific
4 provisions of this title, the following words and phrases when
5 used in this title shall have, unless the content clearly
6 indicates otherwise, the meanings given to them in this section:
7 "Abandoned vehicle."
8 (1) A vehicle (OTHER THAN A PEDALCYCLE): <--
9 (i) that is inoperable and is left unattended on
10 public property for more than 48 hours;
11 (ii) that has remained illegally on public property
12 for a period of more than 48 hours;
13 (iii) without a valid registration plate or
14 certificate of inspection or title left unattended on or
15 along a highway; or
16 (iv) that has remained on private property without
17 the consent of the owner or person in control of the
18 property for more than 48 hours.
19 (2) Vehicles and equipment used or to be used in
20 construction or in the operation or maintenance of public
21 utility facilities, which are left in a manner which does not
22 interfere with the normal movement of traffic, shall not be
23 considered to be abandoned.
24 "Alley." A street or highway intended to provide access to
25 the rear or side of lots or buildings in urban districts and not
26 intended for the purpose of through vehicular traffic.
27 "Antique motor vehicle." A motor vehicle, but not a
28 reproduction thereof, manufactured more than 25 years prior to
29 the current year which has been maintained in or restored to a
30 condition which is substantially in conformance with
19750H1817B3266 - 25 -
1 manufactured specifications.
2 "Authorized vehicle." A vehicle or type of vehicle, other
3 than an emergency vehicle, for which special operating or
4 equipment privileges are given by law or regulation of the
5 department based on design and utility for work within a
6 highway.
7 "Bicycle." Any device propelled solely by human power. <--
8 "Bus." A motor vehicle designed for carrying more than ten
9 passengers, exclusive of the driver, and used for the
10 transportation of persons and a motor vehicle, other than a
11 taxicab, designed and used for the transportation of persons for
12 compensation.
13 "Business district." The territory contiguous to and
14 including a highway when within any 600 feet along the highway
15 there are buildings in use for business or industrial purposes,
16 including but not limited to hotels, banks, or office buildings,
17 railroad stations and public buildings which occupy at least 300
18 feet of frontage on one side or 300 feet collectively on both
19 sides of the highway.
20 "Classic motor vehicle." A self-propelled vehicle, but not a
21 reproduction thereof, manufactured more than ten years prior to
22 the current year and, because of discontinued production and
23 limited availability, determined by the department to be a model
24 or make of significant value to collectors or exhibitors and
25 which has been maintained in or restored to a condition which is
26 substantially in conformity with manufacturer specifications and
27 appearance.
28 "Combination." Two or more vehicles physically
29 interconnected in tandem.
30 "Crosswalk."
19750H1817B3266 - 26 -
1 (1) That part of a roadway at an intersection included
2 within the connections of the lateral lines of the sidewalks
3 on opposite sides of the highway, measured from the curbs or,
4 in the absence of curbs, from the edges of the traversable
5 roadway; and, in the absence of a sidewalk on one side of the
6 roadway, that part of a roadway included within the extension
7 of the lateral lines of the existing sidewalk.
8 (2) Any portion of a roadway at an intersection or
9 elsewhere distinctly indicated for pedestrian crossing by
10 lines or other markings on the surface.
11 "Dealer." A person engaged in the business of buying,
12 selling or exchanging vehicles.
13 "Department." The Department of Transportation of the
14 Commonwealth.
15 "Divided highway." A highway divided into two or more
16 roadways and so constructed as to impede vehicular traffic
17 between the roadways by providing an intervening space, physical
18 barrier or clearly indicated dividing section.
19 "Driveaway-towaway operation." Any operation in which any
20 motor vehicle, trailer or semi-trailer, singly or in
21 combination, constitutes the commodity being transported, when
22 one set or more of wheels of the vehicle are on the highway
23 during the course of transportation, whether or not the vehicle
24 furnished the motive power.
25 "Driver." A person who drives or is in actual physical
26 control of a vehicle.
27 "Driver's license." A license or permit to drive a motor
28 vehicle issued under this title.
29 "Emergency vehicle." A fire department vehicle, police
30 vehicle, ambulance, BLOOD-DELIVERY VEHICLE, armed forces <--
19750H1817B3266 - 27 -
1 emergency vehicle, one private vehicle of a fire or police chief
2 or assistant chief or ambulance corps commander or assistant
3 commander or of a river rescue commander used for answering
4 emergency calls or other vehicle designated by the secretary
5 under section 6106 (relating to designation of emergency
6 vehicles by department).
7 "Engineering and traffic study." An orderly examination or
8 analysis of physical features and traffic conditions conducted
9 in accordance with regulations of the department and conforming
10 to generally accepted engineering standards and practices for
11 the purpose of ascertaining the need or lack of need for a
12 particular action by the department or local authorities.
13 "Essential parts." All integral and body parts of a vehicle
14 of a type required to be registered under this title, the
15 removal, alteration or substitution of which would tend to
16 conceal the identity of the vehicle or substantially alter its
17 appearance, model, type or mode of operation.
18 "Established place of business." The place actually occupied
19 either continuously or at regular periods by a dealer,
20 manufacturer or other vehicle-related business where the books
21 and records are kept and a large share of the business is
22 transacted.
23 "Exhibit." Surrender of a document into the temporary
24 possession of a person for the purpose of examining the
25 document.
26 "Farm truck." A truck DETERMINED BY THE DEPARTMENT TO BE used <--
27 exclusively for farming AGRICULTURAL purposes. <--
28 "Fleet owner." A person, Federal, State or local government
29 agency or authority owning or leasing 15 or more vehicles who or
30 WHICH provides servicing and repair of the vehicles. <--
19750H1817B3266 - 28 -
1 "Foreign vehicle." A vehicle of a type required to be
2 registered under this title brought into this Commonwealth from
3 another state, territory or country other than in the ordinary
4 course of business by or through a manufacturer or dealer and
5 not registered in this Commonwealth.
6 "Freeway." A limited-access highway to which the only means
7 of ingress and egress is by interchange ramps.
8 "Full trailer." A vehicle designed to be drawn by a motor <--
9 vehicle and TRAILER so constructed that no part of its weight <--
10 rests upon the towing vehicle. A semi-trailer attached to a
11 towing vehicle by means of an auxiliary front axle or dolly
12 shall be deemed to be a full trailer.
13 "Gross combination weight rating (GCWR)." The value
14 specified by the manufacturer as the loaded weight of a
15 combination.
16 "Gross vehicle weight rating (GVWR)." The value specified ON <--
17 THE FEDERAL WEIGHT CERTIFICATION LABEL by the manufacturer as
18 the loaded weight of a single vehicle.
19 "Gross weight." The combined weight of a vehicle or
20 combination of vehicles and its load and driver.
21 "Highway." The entire width between the boundary lines of
22 every way publicly maintained when any part thereof is open to
23 the use of the public for purposes of vehicular travel. The term
24 includes a roadway open to the use of the public for vehicular
25 travel on grounds of a college or university or public or
26 private school.
27 "House trailer."
28 (1) A trailer which is designed, constructed and
29 equipped as a dwelling place, living abode or sleeping place
30 (either permanently or temporarily) and is equipped for use
19750H1817B3266 - 29 -
1 as a conveyance on streets and highways.
2 (2) A trailer containing a chassis and exterior shell
3 designed and constructed for use as a house trailer, as
4 defined in paragraph (1), but which is used permanently or
5 temporarily for advertising, sales, display or promotion of
6 merchandise or services, or for any other commercial purpose
7 except the transportation of property.
8 "Implement of husbandry." A vehicle designed or adapted and
9 DETERMINED BY THE DEPARTMENT TO BE used exclusively for <--
10 agricultural operations and, as determined by department <--
11 regulations, only incidentally operated or moved upon the <--
12 highway HIGHWAYS. <--
13 "Intersection."
14 (1) The area embraced within the prolongation or
15 connection of the lateral curb lines, or, if none, then the
16 lateral boundary lines of the roadways of two highways which
17 join one another at, or approximately at, right angles, or
18 the area within which vehicles traveling upon different
19 highways joining at any other angle may come in conflict.
20 (2) Where a highway includes two roadways 30 feet or
21 more apart, then every crossing of each roadway of the
22 divided highway by an intersecting highway shall be regarded
23 as a separate intersection. In the event the intersecting
24 highway also includes two roadways 30 feet or more apart,
25 then every crossing of two roadways of the highways shall be
26 regarded as a separate intersection.
27 "Issuing authority." A public official having the power and
28 authority of a justice of the peace, magistrate or district
29 justice.
30 "Laned roadway." A roadway which is divided into two or more
19750H1817B3266 - 30 -
1 clearly marked lanes for vehicular traffic.
2 "Learner's permit." A driver's license issued for the
3 purpose of learning to operate a motor vehicle.
4 "Lienholder." A person holding a security interest in a
5 vehicle.
6 "Limited access highway." A highway in respect to which
7 owners or occupants of abutting lands and other persons have no
8 legal right of access except at points and in the manner
9 determined by the authority having jurisdiction over the
10 highway.
11 "Local authorities." County, municipal and other local
12 boards or bodies having authority to enact laws relating to
13 traffic.
14 "Manufacturer." A person engaged in the business of
15 constructing or assembling vehicles or motors or bodies of
16 vehicles.
17 "Manufacturer's shipping weight." The weight of a vehicle
18 including all installed options as delivered for retail sale by
19 the final stage manufacturer and as indicated on the
20 manufacturer's certificate of origin.
21 "Messenger service." A person who, for a fee, advertises,
22 offers or provides to the public the service of obtaining from
23 the department vehicle titles, registrations, drivers' licenses
24 and similar documents. A dealer who obtains documents only for
25 purchasers of vehicles from the dealer is not a messenger
26 service.
27 "Mobile home." A trailer designed and used exclusively for
28 living quarters or commercial purposes which exceeds the maximum
29 size limitations prescribed by this title for operation on a
30 highway and is only incidentally operated on a highway,
19750H1817B3266 - 31 -
1 including a unit transported on a removable or non-removable
2 frame designed so as to be assembled together with another unit
3 or units into a structure which is used exclusively for living
4 quarters, commonly known as a "modular unit."
5 "Motor home." A motor vehicle designed or adapted for use as
6 a mobile dwelling, office or commercial space, OR OFFICE, except <--
7 a motor vehicle equipped with a truck camper.
8 "Motor vehicle." A vehicle which is self-propelled except
9 one which is propelled SOLELY BY HUMAN POWER OR by electric <--
10 power obtained from overhead trolley wires, but not operated
11 upon rails.
12 "Motorcycle." A motor vehicle having a seat or saddle for
13 the use of the rider and designed to travel on not more than
14 three wheels in contact with the ground.
15 "Motor-driven cycle." A motorcycle, including a motor
16 scooter, with a motor which produces not to exceed five brake
17 horsepower, and every bicycle PEDALCYCLE with motor attached. <--
18 "Motorized bicycle." PEDALCYCLE." A motor-driven cycle <--
19 equipped with operable pedals, a motor rated no more than 1.5
20 brake horsepower, a cylinder capacity not exceeding 50 cubic
21 centimeters, an automatic transmission, and a maximum design
22 speed of no more than 25 miles per hour.
23 "Nondivisible." Incapable of being divided into parts or
24 dismembered without substantially damaging its usefulness or
25 value.
26 "Nonresident." A person who is not a resident of this
27 Commonwealth.
28 "Number." When used in the context of identification means a
29 series of numerals or letters or both, with or without a prefix
30 or suffix.
19750H1817B3266 - 32 -
1 "Official traffic-control devices." Signs, signals, markings
2 and devices not inconsistent with this title placed or erected
3 by authority of a public body or official having jurisdiction,
4 for the purpose of regulating, warning or guiding traffic.
5 "Operating privilege." The privilege to apply for and obtain
6 a license to use as well as the privilege to use a vehicle on a
7 highway as authorized in this title, but not a contract,
8 property right or civil right.
9 "Overtime parking." The continuous parking of a vehicle for
10 a period of time exceeding the maximum period established by
11 law.
12 "Owner." A person, other than a lienholder, having the
13 property right in or title to a vehicle. The term includes a
14 person entitled to the use and possession of a vehicle subject
15 to a security interest in another person, but excludes a lessee
16 under a lease not intended as security.
17 "Park" or "parking."
18 (1) When permitted, means the temporary storing of a
19 vehicle, whether occupied or not, off the roadway.
20 (2) When prohibited, means the halting of a vehicle,
21 whether occupied or not, except momentarily for the purpose
22 of and while actually engaged in loading or unloading
23 property or passengers.
24 "Passenger car." A motor vehicle, except a motorcycle,
25 designed for carrying ten passengers or less, and primarily used
26 for the transportation of persons.
27 "PEDALCYCLE." A VEHICLE PROPELLED SOLELY BY HUMAN-POWERED <--
28 PEDALS.
29 "Pedestrian." A natural person afoot.
30 "Pennsylvania Turnpike." The highway system owned and
19750H1817B3266 - 33 -
1 operated by the Pennsylvania Turnpike Commission.
2 "Person." A natural person, firm, copartnership, association
3 or corporation.
4 "Police officer." A natural person authorized to direct or
5 regulate traffic and to make arrests for violations of traffic
6 regulations.
7 "Private road or driveway." A way or place in private
8 ownership and used for vehicular travel by the owner and those
9 having express or implied permission from the owner, but not by
10 other persons.
11 "Proof of insurance." A card issued by an insurance carrier
12 in compliance with regulations of the Insurance Commissioner
13 evidencing that a vehicle is covered by the insurance required
14 in section 104(a) of the act of July 19, 1974 (P.L.489, No.176),
15 known as the "Pennsylvania No-fault Motor Vehicle Insurance Act"
16 and regulations issued thereunder, or a card evidencing that a
17 vehicle is self-insured in compliance with that act and
18 regulations.
19 "Railroad grade crossing." One or more railroad tracks, but
20 not streetcar tracks, which intersect or cross a highway at the
21 same level or grade.
22 "Railroad sign or signal." A sign, signal or device erected
23 by authority of a public body or official or by a railroad and
24 intended to give notice of the presence of railroad tracks or
25 the approach of a railroad train.
26 "Recall." To withdraw by formal action of the department for
27 an indefinite period the operating privilege of a person for
28 reasons of incompetency.
29 "Reconstructed vehicle." A vehicle of a type required to be <--
30 registered under this title materially altered from its original
19750H1817B3266 - 34 -
1 construction by the removal, addition or substitution of
2 essential parts, new or used, or a vehicle , OTHER THAN AN <--
3 ANTIQUE OR CLASSIC VEHICLE, for which a certificate of junk was
4 issued and is thereafter restored to operating condition.
5 "RECREATIONAL TRAILER." A TRAILER PRIMARILY DESIGNED AS <--
6 TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, OR TRAVEL
7 USE, WHICH IS MOUNTED ON OR DRAWN BY ANOTHER VEHICLE AND
8 INCLUDES SUCH TRAILERS AS TRAVEL TRAILERS, CAMPING TRAILERS OR
9 SLIDING CAMPERS.
10 "Registered gross weight." The maximum gross weight at which
11 a vehicle or combination is registered in this Commonwealth to
12 operate upon a highway.
13 "Registration." The authority for a vehicle to operate on a
14 highway as evidenced by the issuance of an identifying card and
15 plate or plates.
16 "Residence district." The territory contiguous to and
17 including a highway not comprising a business district when the
18 property on the highway for a distance of 300 feet or more is in
19 the main improved with residences or residences and buildings in
20 use for business.
21 "Resident." A person dwelling permanently or continuously
22 for a period exceeding 30 consecutive days within this
23 Commonwealth, except that a person who regularly dwells in two
24 or more states shall declare residence to be in any one of the
25 states.
26 "Revoke." To terminate by formal action of the department
27 any license, registration or privilege issued or granted by the
28 department. Following a period of revocation, the license,
29 registration or privilege may not be restored except upon
30 submission and acceptance of a new application.
19750H1817B3266 - 35 -
1 "Right-of-way." The right of one vehicle or pedestrian to
2 proceed in a lawful manner in preference to another vehicle or
3 pedestrian approaching under such circumstances of direction,
4 speed and proximity as to give rise to danger or collision
5 unless one grants precedence to the other.
6 "Roadway." That portion of a highway improved, designed or
7 ordinarily used for vehicular travel, exclusive of the SIDEWALK, <--
8 berm or shoulder EVEN THOUGH SUCH SIDEWALK, BERM OR SHOULDER IS <--
9 USED BY PEDALCYCLES. In the event a highway includes two or more
10 separate roadways the term "roadway" refers to each roadway
11 separately but not to all such roadways collectively.
12 "Safety zone." The area or space officially set apart within
13 a roadway for the exclusive use of pedestrians.
14 "Salvor." A person engaged in the business of acquiring
15 abandoned vehicles for the purpose of taking apart, junking,
16 selling, rebuilding or exchanging the vehicles or parts thereof.
17 "School bus." A motor vehicle which complies with the color
18 and lighting identification requirements of section 4552
19 (relating to general requirements for school buses).
20 "SCRAP METAL PROCESSOR." A PERSON WHOSE PRINCIPAL BUSINESS <--
21 IS THE OPERATION OF AN ESTABLISHMENT HAVING FACILITIES FOR
22 PROCESSING IRON, STEEL OR NON-FERROUS SCRAP METALS, AND WHOSE
23 PRINCIPAL PRODUCT IS SCRAP IRON, SCRAP STEEL OR NON-FERROUS
24 SCRAP FOR RESALE FOR REMELTING PURPOSES ONLY.
25 "Secretary." The Secretary of Transportation of the
26 Commonwealth.
27 "Security interest." An interest in a vehicle reserved or
28 created by agreement which secures payment or performance of an
29 obligation. The term includes the interest of a lessor under a
30 lease intended as security. A security interest is perfected
19750H1817B3266 - 36 -
1 when it is valid against third parties generally, subject only
2 to specific statutory exceptions.
3 "Semi-trailer." A vehicle designed to be towed by a motor <--
4 vehicle and TRAILER so constructed that some part of its weight <--
5 rests upon or is carried by the towing vehicle.
6 "Shall." Indicates that an action is required or prohibited.
7 "Should." Indicates that an action is advisable but not
8 required.
9 "Sidewalk." That portion of a street between curb lines, or
10 the lateral lines of a roadway, and the adjacent property lines,
11 intended for use by pedestrians.
12 "Special mobile equipment." Vehicles not designed or used
13 primarily for the transportation of persons or property and only
14 incidentally operated or moved over a highway, including but not
15 limited to: ditch digging apparatus, well boring apparatus;
16 earth moving and road construction and maintenance machinery,
17 such as asphalt spreaders, bituminous mixers, bucket loaders,
18 snowplows, ditchers, graders, finishing machines, road rollers,
19 scarifiers, earth moving carry-alls, scrapers, power shovels and
20 drag lines; and self-propelled cranes and tractors, other than
21 truck tractors. The term does not include house trailers; dump
22 trucks; truck-mounted transit mixers, cranes or shovels; or
23 other vehicles designed for the transportation of persons or
24 property to which machinery has been attached.
25 "Specially constructed vehicle." A vehicle materially <--
26 altered from its original construction or a vehicle not
27 originally constructed under a distinctive name, make, model or
28 type by a generally recognized manufacturer of vehicles.
29 "Stand" or "standing." When prohibited, means the halting of
30 a vehicle, whether occupied or not, except momentarily for the
19750H1817B3266 - 37 -
1 purpose of and while actually engaged in receiving or
2 discharging passengers.
3 "State." A state, territory or possession of the United
4 States, the District of Columbia, the Commonwealth of Puerto
5 Rico or a province of Canada.
6 "State designated highway." A highway or bridge on the
7 system of highways and bridges over which the department has
8 assumed or has been legislatively given jurisdiction.
9 "Stop" or "stopping."
10 (1) When required, means complete cessation from
11 movement.
12 (2) When prohibited, means any halting even momentarily
13 of a vehicle, whether occupied or not, except when necessary
14 to avoid conflict with other traffic or in compliance with
15 the directions of a police officer or traffic-control sign or
16 signal.
17 "Streetcar." A car other than a railroad train for
18 transporting persons or property and operated upon rails.
19 "Suspend." To withdraw temporarily by formal action of the
20 department any license, registration or privilege issued or
21 granted by the department. Following a period of suspension, the
22 department shall restore the license, registration or privilege.
23 "Taxi." A motor vehicle designed for carrying no more than
24 five passengers, exclusive of the driver, and used for the
25 transportation of persons for compensation.
26 "Through highway." A highway or portion of a highway on
27 which vehicular traffic is given preferential right-of-way, and
28 at the entrances to which vehicular traffic from intersecting
29 highways is required by law to yield the right-of-way to
30 vehicles on the through highway in obedience to a stop sign,
19750H1817B3266 - 38 -
1 yield sign or other official traffic-control device when the
2 signs or devices are erected as provided in this title.
3 "Tire width." The linear distance between the exteriors of
4 the sidewalls of an uninflated tire, excluding elevations due to
5 labeling, decoration or protective sidebands.
6 "Traffic." Pedestrians, ridden or herded animals, vehicles,
7 streetcars and other conveyances, whether singly or together,
8 using any highway for purposes of travel.
9 "Traffic-control signal." A device, whether manually,
10 electrically or mechanically operated, by which traffic is
11 alternately directed to stop and permitted to proceed.
12 "TRAFFICWAY." THE ENTIRE WIDTH BETWEEN PROPERTY LINES OR <--
13 OTHER BOUNDARY LINES OF EVERY WAY OR PLACE OF WHICH ANY PART IS
14 OPEN TO THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL AS A MATTER
15 OF RIGHT OR CUSTOM.
16 "Trailer." A vehicle designed to be towed by a motor
17 vehicle.
18 "Truck." A motor vehicle designed, used or maintained
19 primarily for the transportation of property.
20 "Truck-camper." A structure designed, used or maintained
21 primarily to be loaded or affixed to a motor vehicle to provide
22 a mobile dwelling, sleeping place, office or commercial space.
23 "Truck tractor." A motor vehicle designed and used primarily
24 for drawing other vehicles and not so constructed as to carry a
25 load other than a part of the weight of the vehicle and load so
26 drawn.
27 "Urban district." The territory contiguous to and including
28 any street which is built up with structures devoted to
29 business, industry or dwelling houses situated at intervals of
30 less than 100 feet for a distance of a quarter of a mile or
19750H1817B3266 - 39 -
1 more.
2 "Urban mass transportation system." A person holding a
3 certificate of the Public Utility Commission or a municipality
4 authority, port authority or transportation authority
5 established under the laws of this Commonwealth that transports
6 persons on schedule over fixed routes and derives over 80% of
7 their intrastate scheduled revenue from scheduled operations
8 within the county in which they have their principal place of
9 business, or contiguous counties.
10 "Valueless except for junk." A vehicle which is inoperable
11 or unable to meet the vehicle equipment and inspection standards
12 under Part IV (relating to vehicle characteristics) to the
13 extent that the cost of repairs would exceed the value of the
14 repaired vehicle. The term does not include a vehicle which
15 would qualify as an antique or classic vehicle except for its
16 lack of restoration or maintenance.
17 "Vehicle." Every device in, upon or by which any person or
18 property is or may be transported or drawn upon a highway,
19 except devices moved by human power or used exclusively upon <--
20 rails or tracks.
21 "Vehicle identification number." A number consisting of <--
22 Arabic numerals or Roman numerals COMBINATION OF NUMERALS OR <--
23 LETTERS or both which the manufacturer assigns to a vehicle for
24 identification purposes, or, in the absence of a manufacturer <--
25 assigned MANUFACTURER-ASSIGNED number, which the department <--
26 assigns to a vehicle for identification purposes.
27 "Wrecker." A motor vehicle designed or constructed and used
28 for the towing of abandoned or disabled vehicles.
29 § 103. Uniformity of interpretation.
30 This title shall be so interpreted and construed as to
19750H1817B3266 - 40 -
1 effectuate its general purpose to make uniform the law
2 throughout this Commonwealth and all political subdivisions.
3 § 104. Continuation of existing law.
4 The provisions of this title, so far as they are the same as
5 those of existing law, are intended as a continuation of such
6 laws and not as new enactments.
7 PART II
8 TITLE, REGISTRATION AND LICENSING
9 Chapter
10 11. Certificate of Title and Security Interests
11 13. Registration of Vehicles
12 15. Licensing of Drivers
13 17. Financial Responsibility
14 19. Fees
15 CHAPTER 11
16 CERTIFICATE OF TITLE AND SECURITY INTERESTS
17 Subchapter
18 A. Certificate of Title
19 B. Security Interests
20 SUBCHAPTER A
21 CERTIFICATE OF TITLE
22 Sec.
23 1101. Certificate of title required.
24 1102. Vehicles not requiring certificate of title.
25 1103. Application for certificate of title.
26 1104. Examination of records upon receipt of application.
27 1105. Issuance of certificate of title.
28 1106. Content and effect of certificate of title.
29 1107. Delivery of certificate of title.
30 1108. Registration without certificate of title.
19750H1817B3266 - 41 -
1 1109. Refusing issuance of certificate of title.
2 1110. Duplicate certificate of title to replace original.
3 1111. Transfer of ownership of vehicle.
4 1112. Disclosure of odometer reading and tampering with
5 odometer.
6 1113. Transfer to or from manufacturer or dealer.
7 1114. Transfer of vehicle by operation of law.
8 1115. Correction of certificate of title.
9 1116. Issuance of new certificate following transfer.
10 1117. Vehicle destroyed or junked.
11 1118. Suspension and cancellation of certificate of title.
12 1119. Application for certificate of title by agent.
13 § 1101. Certificate of title required.
14 (a) General rule.--Except as provided in section 1102
15 (relating to vehicles not requiring certificate of title), every
16 owner of a vehicle which is in this Commonwealth and for which
17 no certificate of title has been issued by the department shall
18 make application to the department for a certificate of title of
19 the vehicle.
20 (b) Registration without certificate prohibited.--The
21 department shall not register or renew the registration of a
22 vehicle unless a certificate of title has been issued by the
23 department to the owner or an application for a certificate of
24 title has been delivered by the owner to the department.
25 (c) Penalty.--Failure to obtain a certificate of title as
26 required by law is a summary offense.
27 § 1102. Vehicles not requiring certificate of title.
28 No certificate of title need be obtained SHALL BE ISSUED for: <--
29 (1) A vehicle owned by the United States unless it is
30 registered in this Commonwealth.
19750H1817B3266 - 42 -
1 (2) A golf cart, motor-driven cycle, go-cart or other
2 similar vehicle unless it is registered in this Commonwealth.
3 (3) A new vehicle owned by a manufacturer or registered
4 dealer before and until sale.
5 (4) A vehicle owned by a nonresident of this
6 Commonwealth and not required by law to be registered in this
7 Commonwealth.
8 (5) A vehicle owned by a resident legally required to be
9 registered in another state, based and used principally
10 outside of this Commonwealth, and not required by law to be
11 registered in this Commonwealth.
12 (6) A vehicle regularly engaged in the interstate
13 transportation of persons or property for which a currently
14 effective certificate of title has been issued in another
15 state.
16 (7) A vehicle moved solely by HUMAN OR animal power. <--
17 (8) An implement of husbandry UNLESS REQUIRED TO BE <--
18 REGISTERED.
19 (9) Special mobile equipment UNLESS REQUIRED TO BE <--
20 REGISTERED.
21 (10) A mobile home.
22 § 1103. Application for certificate of title.
23 (a) Contents of application.--Application for a certificate
24 of title shall be made upon a form prescribed and furnished by
25 the department and shall contain a full description of the
26 vehicle, the vehicle identification number, date of purchase,
27 the actual or bona fide name and address of the owner, a
28 statement of the title of applicant, together with any other
29 information or documents the department requires to identify the
30 vehicle and to enable the department to determine whether the
19750H1817B3266 - 43 -
1 owner is entitled to a certificate of title and the amount and
2 description of any security interests in the vehicle.
3 (b) Signing and filing of application.--Application for a
4 certificate of title shall be made within ten days of the sale
5 or transfer of a vehicle or its entry into this Commonwealth
6 from another jurisdiction, whichever is later. The application
7 shall be accompanied by the fee prescribed in this title, and
8 any tax payable by the applicant under the laws of this
9 Commonwealth in connection with the acquisition or use of a
10 vehicle or evidence to show that the tax has been collected. The
11 application shall be signed and verified by oath or affirmation
12 by the applicant if a natural person; in the case of an
13 association or partnership, by a member or a partner; and in the
14 case of a corporation, by an executive officer or some person
15 specifically authorized by the corporation to sign the
16 application.
17 (c) Manufacturer's Statement of Origin for new vehicles.--If
18 the application refers to a new vehicle, it shall be accompanied
19 by the Manufacturer's Statement of Origin for the vehicle.
20 (d) Vehicles purchased from dealers.--If the application
21 refers to a vehicle purchased from a dealer, the dealer shall
22 mail or deliver the application to the department within ten
23 days of the date of purchase. The application shall contain the
24 names and addresses of any lienholders in order of priority, the
25 amounts and the dates of the security agreements, and be
26 assigned by the dealer to the owner and signed by the owner. Any
27 dealer violating this subsection is guilty of a summary offense
28 and shall, upon conviction, be sentenced to pay a fine of $50
29 for each violation. This subsection does not apply to vehicles
30 purchased by fleet owners or governmental or quasi-governmental
19750H1817B3266 - 44 -
1 agencies.
2 (e) Out-of-state vehicles.--If the application refers to a
3 vehicle last previously titled or registered in another state or
4 country, the following information shall be contained in or
5 accompany the application or be forwarded in support of the
6 application as required by the department:
7 (1) Any certificate of title issued by the other state
8 or country.
9 (2) A tracing of the vehicle identification number taken
10 from the official number plate or, where it is impossible to
11 secure a legible tracing, the verification of a person
12 authorized by the department that the vehicle identification
13 number of the vehicle has been inspected and found to conform
14 to the description given in the application.
15 (3) Any other information and documents the department
16 reasonably requires to establish the ownership of the vehicle
17 and the existence or non-existence of security interests in
18 the vehicle.
19 (f) Foreign vehicles owned by military personnel.--If the
20 application refers to a vehicle last previously registered in
21 another country by a person on active duty in the armed forces
22 of the United States, the department may accept a complete form
23 issued by the United States Department of Defense as evidence of
24 ownership.
25 (g) Specially constructed or reconstructed vehicles.--If the
26 vehicle to be titled is a specially constructed or reconstructed
27 vehicle, that fact shall be stated in the application. The
28 department may promulgate rules and regulations pertaining to
29 the titling of specially constructed or reconstructed vehicles.
30 § 1104. Examination of records upon receipt of application.
19750H1817B3266 - 45 -
1 The department, upon receiving an application for a
2 certificate of title, shall check the vehicle identification
3 number shown in the application against the records of vehicles
4 required to be maintained under section 1105 (relating to
5 issuance of certificate of title) and against the record of
6 stolen vehicles required to be maintained under section 7114
7 (relating to records of stolen vehicles). If the record
8 indicates that the vehicle is stolen, the application and
9 accompanying documents may be retained by the department pending
10 investigation.
11 § 1105. Issuance of certificate of title.
12 (a) General rule.--The department shall file each
13 application received and, when satisfied as to the genuineness
14 and regularity of the application and that the applicant is
15 entitled to the issuance of a certificate of title, shall issue
16 a certificate of title for the vehicle. The department shall use
17 reasonable diligence in ascertaining whether or not the facts
18 stated in the application are true.
19 (b) Maintenance of records.--The department shall maintain a
20 record of all certificates of title issued by the department as
21 follows:
22 (1) Under a distinctive title number assigned to the
23 vehicle.
24 (2) Under the vehicle identification number.
25 (3) Alphabetically, under the name of the owner.
26 (4) In the discretion of the department, by any other
27 method determined by the department.
28 § 1106. Content and effect of certificate of title.
29 (a) Vehicle identification and encumbrances.--A certificate
30 of title shall contain such description and other evidence of
19750H1817B3266 - 46 -
1 identification of the vehicle for which it is issued as the
2 department may deem necessary, together with a statement of any
3 liens or encumbrances including the names and addresses of the
4 holder or holders of the liens or encumbrances.
5 (b) Indication of special prior use.--No person shall assign
6 a certificate of title to any vehicle having seating capacity
7 for nine or less occupants which has been LEASED OR RENTED, used <--
8 as a taxicab or for the carrying of passengers for hire, or any <--
9 vehicle used as a police car, unless the certificate clearly
10 contains notice that the vehicle has been so used. Indication of
11 such use shall be deemed part of the description of the vehicle.
12 Any person violating this subsection is guilty of a summary
13 offense and shall, upon summary conviction, be sentenced to pay
14 a fine of $50.
15 (c) Certificate as evidence and notice.--A certificate of
16 title issued by the department is prima facie evidence of the
17 facts appearing on the certificate. The certificate shall be
18 adequate notice to the Commonwealth, creditors, subsequent
19 lienholders and purchasers that a lien against the vehicle
20 exists.
21 § 1107. Delivery of certificate of title.
22 The certificate of title shall be mailed DELIVERED to the <--
23 first lienholder or encumbrancer named in the certificate or, if
24 none, to the owner.
25 § 1108. Registration without certificate of title.
26 If the department is not satisfied as to the ownership of the
27 vehicle or that there are no undisclosed security interests in
28 the vehicle, the department may register the vehicle but shall
29 withhold issuance of a certificate of title until the applicant
30 presents documents reasonably sufficient to satisfy the
19750H1817B3266 - 47 -
1 department as to the ownership by the applicant of the vehicle
2 and that there are no undisclosed security interests in the
3 vehicle.
4 § 1109. Refusing issuance of certificate of title.
5 The department may refuse issuance of a certificate of title
6 when it has reasonable grounds to believe:
7 (1) That any required fee has not been paid.
8 (2) That any taxes payable under the laws of this
9 Commonwealth on or in connection with, or resulting from, the
10 acquisition or use of the vehicle have not been paid.
11 (3) That the applicant is not the owner of the vehicle.
12 (4) That the application contains a false or fraudulent
13 statement.
14 (5) That the applicant has failed to furnish required
15 information or documents or any additional information the
16 department reasonably requires.
17 § 1110. Duplicate certificate of title to replace original.
18 (a) Application for duplicate.--In the event of a lost,
19 destroyed, defaced, stolen or illegible certificate of title,
20 application for a duplicate may be made by furnishing
21 information satisfactory to the department upon a form
22 prescribed and furnished by the department. The form shall be
23 signed by the first lienholder or, if none, the owner or legal
24 representative of the owner, verified by oath or affirmation of
25 the applicant, accompanied by the fee provided in this title.
26 (b) Status of original and duplicate.--If the original
27 certificate of title is found after the duplicate is issued, the
28 original title shall be returned to the department with an
29 explanation. Only the duplicate title is valid once issued.
30 Subsequent transfer of ownership can be made only on the
19750H1817B3266 - 48 -
1 duplicate.
2 § 1111. Transfer of ownership of vehicle.
3 (a) Duty of transferor.--In the event of the sale or
4 transfer of the ownership of a vehicle within this Commonwealth,
5 the owner shall execute an assignment and warranty of title to
6 the transferee in the space provided on the certificate or as
7 the department prescribes, sworn to before a notary public or
8 other officer empowered to administer oaths, and deliver the
9 certificate to the transferee at the time of the delivery of the
10 vehicle.
11 (b) Duty of transferee.--Except as otherwise provided in
12 section 1113 (relating to transfer to or from manufacturer or
13 dealer), the transferee shall, with ten WITHIN FIVE days of the <--
14 assignment or reassignment of the certificate of title, apply
15 for a new title by presenting to the department the properly
16 completed certificate of title, sworn to before a notary public
17 or other officer empowered to administer oaths, and accompanied
18 by such forms as the department may require.
19 (c) Penalty.--Any person violating subsection (a) shall be
20 guilty of a summary offense and shall, upon conviction, be
21 sentenced to pay a fine of $100 for a first offense; and shall
22 be guilty of a misdemeanor of the third degree for a second or
23 subsequent offense and shall, upon conviction, be sentenced to
24 pay a fine of not less than $300.
25 § 1112. Disclosure of odometer reading and tampering with
26 odometer.
27 (a) Statement by transferor of odometer reading.--Each
28 transferor of a motor vehicle shall furnish to the transferee at
29 the time of transfer a written statement disclosing the odometer
30 reading of the vehicle at the time of transfer and the date of
19750H1817B3266 - 49 -
1 the transfer. The statement shall be signed by the transferor on
2 such form as the department may prescribe.
3 (b) Statement when actual mileage unknown.--If the
4 transferor knows that the odometer reading differs from the
5 number of miles the vehicle has actually traveled, and that the
6 difference is greater than that caused by odometer calibration
7 error, the transferor shall include a statement that the actual
8 vehicle mileage is unknown.
9 (c) Tampering with odometer.--Except for purposes of repair
10 or replacement, it is unlawful for any person to disconnect,
11 turn back, tamper with or reset an odometer of any motor
12 vehicle.
13 (d) Exceptions.--The transferor of the following types of
14 motor vehicles need not disclose the odometer reading of the
15 vehicle:
16 (1) A motor vehicle having a gross vehicle weight rating <--
17 REGISTERED GROSS WEIGHT of more than 16,000 17,000 pounds. <--
18 (2) A motor vehicle 25 years or older.
19 (3) A motor vehicle transferred between dealers prior to
20 first retail sale.
21 (e) Penalties.--Any person violating subsection (a) or (b)
22 is guilty of a summary offense and shall, upon conviction, be
23 sentenced to pay a fine of $100. Any person violating subsection
24 (c) is guilty of a summary offense and shall, upon conviction,
25 be sentenced to pay a fine of $300.
26 § 1113. Transfer to or from manufacturer or dealer.
27 (a) Transfer to manufacturer or dealer.--When the purchaser
28 or transferee of a vehicle is a manufacturer or registered
29 dealer who holds the vehicle for resale, a certificate of title
30 need not be applied for as provided for in section 1111
19750H1817B3266 - 50 -
1 (relating to transfer of ownership of vehicle) but the
2 manufacturer or dealer TRANSFEREE shall, within ten FIVE days <--
3 from the date of assignment of the certificate of title to the
4 manufacturer or dealer, notify FORWARD TO the department, upon a <--
5 form prescribed and furnished by the department, NOTIFICATION of <--
6 the acquisition of the vehicle. Notification as authorized in
7 this section may not be used in excess of three consecutive
8 transactions after which time an application shall be made for a
9 certificate of title.
10 (b) Execution and display of notice of transfer.--The
11 manufacturer or dealer making notification as to any vehicle
12 acquired pursuant to subsection (a) shall execute at least three
13 copies, the original of which shall be forwarded to the
14 department, one copy to accompany the vehicle on any subsequent
15 transfer and one copy to be retained by the manufacturer or
16 dealer for at least one year after a subsequent transfer, to be
17 exhibited, with the assigned certificate of title, upon request
18 of any police officer or authorized department employee.
19 (c) Transfer from manufacturer or dealer.--The manufacturer
20 or dealer, upon transferring his interest in the vehicle, shall,
21 except as otherwise provided in this section when the transferee
22 is another manufacturer or dealer, execute an assignment and
23 warranty of title to the transferee in the space provided on the
24 certificate or as the department prescribes. The transferee
25 shall complete the application for certificate of title in the
26 name of the transferee. The certificate of title and any other
27 required forms shall be forwarded by the dealer or manufacturer
28 to the department within ten FIVE days of the transfer. <--
29 (d) Exception for repossessed vehicles.--This section does
30 not apply to a vehicle repossessed upon default of performance
19750H1817B3266 - 51 -
1 of a lease, contract of conditional sale or similar agreement.
2 (e) Penalty.--Any manufacturer or dealer violating any of
3 the provisions of this section is guilty of a summary offense
4 and shall, upon conviction, be sentenced to pay a fine of $50
5 for each violation.
6 § 1114. Transfer of vehicle by operation of law.
7 (a) General rule.--If the interest of an owner in a vehicle
8 passes to another other than by voluntary transfer, the
9 transferee shall, except as otherwise provided, promptly mail or
10 deliver to the department the last certificate of title, if
11 available, and shall apply for a new certificate of title on a
12 form prescribed and furnished by the department. The application
13 shall be accompanied by such instruments or documents of
14 authority, or certified copies thereof, as may be sufficient or
15 required by law to evidence or effect a transfer of title or
16 interest in or to chattels in such case.
17 (b) Transfer to surviving spouse.--Transfer of a certificate
18 of title to a surviving spouse, or any person designated by the
19 spouse, may be made without the necessity of filing for letters
20 of administration notwithstanding the fact that there are minor
21 children surviving the decedent provided the surviving spouse
22 files an affidavit that all the debts of the decedent have been
23 paid.
24 (c) Surrender of certificate.--A person holding a
25 certificate of title whose interest in a vehicle has been
26 extinguished or transferred other than by voluntary transfer
27 shall immediately surrender the certificate of title to the
28 person to whom the right to possession of the vehicle has
29 passed. Upon request of the department, such person shall mail
30 or deliver the certificate to the department. Delivery of the
19750H1817B3266 - 52 -
1 certificate pursuant to the request of the department does not
2 affect the rights of the person surrendering the certificate.
3 § 1115. Correction of certificate of title.
4 (a) General rule.--When any certificate of title has been
5 issued in error to a person not entitled to the certificate or
6 contains incorrect information or information has been omitted
7 from the certificate, the department shall notify in writing the
8 person to whom the certificate has been issued or delivered and
9 such person shall immediately return the certificate of title
10 within 48 hours, together with any other information necessary
11 for the adjustment of the department records, and, upon receipt
12 of the certificate, the department shall cancel the certificate
13 and issue a corrected certificate of title.
14 (b) Change in material information on certificate.--If any
15 material information on the certificate of title is changed or
16 different from the information originally set forth, the owner
17 shall immediately inform the department and apply for a
18 corrected certificate of title. For the purposes of this
19 subsection, a change of address shall not be deemed material.
20 (c) Seizure of certificate on conviction.--Upon summary
21 conviction for violation of the provisions of this section, the
22 department may delegate authority to any department employee or
23 police officer to seize the certificate of title.
24 § 1116. Issuance of new certificate following transfer.
25 (a) Voluntary transfer.--The department, upon receipt of a
26 properly assigned certificate of title with an application for a
27 new certificate of title, the required fee and any other
28 required documents and articles, shall issue a new certificate
29 of title in the name of the transferee as owner and mail it to
30 the first lienholder named in the certificate or, if none, to
19750H1817B3266 - 53 -
1 the owner.
2 (b) Involuntary transfer.--The department, upon receipt of
3 an application for a new certificate of title by a transferee
4 other than by voluntary transfer, on a form prescribed and
5 furnished by the department together with proper proof
6 satisfactory to the department of the transfer, the required fee
7 and any other required documents and articles, shall issue a new
8 certificate of title in the name of the transferee as owner.
9 (c) Filing and retention of surrendered certificate.--The
10 department shall file and retain for five years every
11 surrendered certificate of title, or a copy, in such a manner as
12 to permit the tracing of title of the vehicle.
13 § 1117. Vehicle destroyed or junked.
14 (a) Application for certificate of junk.--Any owner who
15 transfers a vehicle as scrap, or to be destroyed or junked,
16 shall assign the certificate of title to the person to whom the
17 vehicle is transferred. The transferee shall return the assigned
18 certificate of title to the department immediately with an
19 application for a certificate of junk upon a form furnished and
20 prescribed by the department. An insurer, as defined in the act
21 of July 19, 1974 (P.L.489, No.176), known as the "Pennsylvania
22 No-fault Motor Vehicle Insurance Act," to which title to a
23 vehicle is assigned upon payment to the insured of the
24 replacement value of the vehicle, shall be regarded as a
25 transferee under this subsection.
26 (b) Issuance and effect of certificate of junk.--Upon proper
27 application for a certificate of junk, the department shall
28 issue to the transferee a certificate of junk which shall
29 authorize the holder to possess, transport, or by endorsement,
30 transfer ownership in the junked vehicle, and a certificate of
19750H1817B3266 - 54 -
1 title shall not again be issued for the vehicle except upon
2 application containing the information the department requires,
3 accompanied by any necessary documents or articles.
4 (c) Vehicles with defective or lost title.--Any person on
5 whose property is located a vehicle which is valueless except
6 for junk and which has a faulty, lost or destroyed title may
7 transfer the vehicle to a salvor or to a salvage program
8 operated by a political subdivision for removal to a suitable
9 place of storage or for scrapping, provided the salvor or
10 salvage program complies with the requirements of section 7309
11 (relating to junking of vehicles valueless except for junk),
12 except that the report to the department that the vehicle is
13 valueless except for junk shall be verified by the transferor of
14 the vehicle instead of the police department. The transferee
15 shall return the assigned certificate of title to the department
16 immediately with an application for certificate of junk upon a
17 form furnished and prescribed by the department.
18 (d) Reconstructed vehicle.--If a vehicle, OTHER THAN AN <--
19 ANTIQUE OR CLASSIC VEHICLE, for which a certificate of junk has
20 been issued is thereafter restored to operating condition, it
21 shall be regarded as a reconstructed vehicle.
22 (E) PROCESSING VEHICLE AS SCRAP METAL.--NO VEHICLE SHALL BE <--
23 PROCESSED BY A SCRAP METAL PROCESSOR UNLESS A CERTIFICATE OF
24 JUNK HAS BEEN OBTAINED.
25 (F) PENALTY.--ANY PERSON VIOLATING THE PROVISIONS OF
26 SUBSECTION (A) IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON
27 CONVICTION, BE SENTENCED TO PAY A FINE OF $200 FOR EACH
28 VIOLATION.
29 § 1118. Suspension and cancellation of certificate of title.
30 (a) Return of new vehicle.--The department may cancel the
19750H1817B3266 - 55 -
1 certificate of title issued for a new vehicle when it is shown
2 by satisfactory evidence that the vehicle has been returned
3 WITHIN THE TIME SPECIFIED IN THE DEPARTMENT REGULATIONS to the <--
4 manufacturer or dealer from whom obtained.
5 (b) Vehicles sold to nonresidents or junked.--The department
6 may cancel certificates of title for vehicles sold to residents
7 of other states or foreign countries when the vehicle is to be
8 registered in the other jurisdiction, or for abandoned or
9 destroyed vehicles authorized to be junked as provided in this
10 subchapter.
11 (c) Surrender of Pennsylvania certificate in other
12 jurisdiction.--The department, upon receipt of notification from
13 another state or foreign country that a certificate of title
14 issued by the department has been surrendered by the owner in
15 conformity with the laws of the other state or foreign country,
16 may cancel the certificate of title.
17 (d) Surrender of foreign certificate to department.--When an
18 owner surrenders a certificate of title from another state or
19 foreign country to the department, the department shall MAY <--
20 notify the state or foreign country in order that the
21 certificate of title may be cancelled or otherwise disposed of
22 in accordance with the law of the other jurisdiction.
23 (e) Conviction for misstatement of facts.--The department,
24 upon receipt of certification from the clerk of any court
25 showing conviction for a misstatement of facts on any
26 application for an original or duplicate certificate of title or
27 any transfer of a certificate of title, shall suspend the
28 certificate of title and require that the certificate be
29 returned immediately to the department, whereupon the department
30 may cancel the certificate.
19750H1817B3266 - 56 -
1 (f) Nonpayment of fee.--The department may suspend a
2 certificate of title when a check received in payment of the fee
3 is not paid on demand or when the fee for the certificate is
4 unpaid and owing.
5 (g) Security interest unaffected by suspension or
6 cancellation.--Suspension or cancellation of a certificate of
7 title does not, in itself, affect the validity of a security
8 interest noted on the certificate.
9 (h) Surrender of certificate.--The department may request
10 the return of certificates of title which have been suspended or
11 cancelled. The owner or person in possession of the
12 certification of title shall immediately mail or deliver the
13 certificate to the department.
14 § 1119. Application for certificate of title by agent.
15 (a) Authorization to make application.--No person shall make
16 application for a certificate of title when acting for another
17 person unless authorization to make the application is in effect
18 and is verified by oath or affirmation of the other person, made
19 not more than 15 days before the application is received by the
20 department.
21 (b) Certificate not to be assigned in blank.--No person
22 shall make application for, or assign or physically possess, a
23 certificate of title, or direct or allow another person in his
24 employ or control to make application for, or assign or
25 physically possess, a certificate of title, unless the name of
26 the transferee is placed on the assignment of certificate of
27 title simultaneously with the name of the transferor.
28 (c) Persons authorized to hold certificate.--No person shall
29 receive, obtain or hold a certificate of title recorded in the
30 name of another person for the other person who is not in the
19750H1817B3266 - 57 -
1 regular employ of, or not a member of the family of, the other
2 person, unless the person receiving, obtaining or holding the
3 certificate of title has a valid undischarged lien recorded in
4 the department against the vehicle represented by the
5 certificate of title.
6 (d) Penalty.--Any person violating any of the provisions of
7 this section is guilty of a summary offense and shall, upon
8 conviction, be sentenced to pay a fine of $100.
9 SUBCHAPTER B
10 SECURITY INTERESTS
11 Sec.
12 1131. Applicability of subchapter.
13 1132. Perfection of security interest.
14 1133. Creation of security interest for titled vehicle.
15 1134. Assignment by lienholder of security interest.
16 1135. Satisfaction of security interest.
17 1136. Duty of lienholder to disclose pertinent information.
18 1137. Subchapter exclusive for perfecting security interest.
19 1138. Duration of lien recorded on certificate of title.
20 § 1131. Applicability of subchapter.
21 This subchapter does not apply to or affect:
22 (1) A lien given by statute or rule of law to a supplier
23 of services or materials for the vehicle.
24 (2) A lien given by statute to the United States, the
25 Commonwealth or any political subdivision.
26 (3) A security interest in a vehicle created by a
27 manufacturer or dealer who holds the vehicle for sale.
28 (4) Any vehicle for which a certificate of title is not
29 required under this chapter.
30 § 1132. Perfection of security interest.
19750H1817B3266 - 58 -
1 (a) Validity of unperfected interest.--Unless perfected as
2 provided in this subchapter or excepted by section 1131
3 (relating to applicability of subchapter), a security interest
4 in a vehicle of a type for which a certificate of title is
5 required is not valid against any person as to whose rights an
6 unperfected security interest is subordinate under the
7 provisions of the Pennsylvania Uniform Commercial Code.
8 (b) Method of perfection.--A security interest is perfected
9 by notation thereof by the department on the certificate of
10 title for the vehicle. In order to obtain such notation the
11 lienholder shall deliver to the department the existing
12 certificate of title, if any; an application for a certificate
13 of title upon a form prescribed by the department containing the
14 name and address of the lienholder; and any other information
15 regarding the security interest as may be reasonably required
16 and the required fee.
17 (c) Prior security interest in vehicle from another
18 jurisdiction.--If a vehicle is subject to a security interest
19 when brought into this Commonwealth, the validity of the
20 security interest is determined by the law of the jurisdiction
21 where the vehicle was located when the security interest
22 attached subject to the following:
23 (1) If the parties understood at the time the security
24 interest attached that the vehicle would be kept in this
25 Commonwealth and it was brought into this Commonwealth within
26 30 days thereafter for purposes other than transportation
27 through this Commonwealth, the validity of the security
28 interest in this Commonwealth is determined by the law of
29 this Commonwealth.
30 (2) If the security interest was perfected under the law
19750H1817B3266 - 59 -
1 of the jurisdiction where the vehicle was located when the
2 security interest attached, the following rules apply:
3 (i) If the name of the lienholder is shown on an
4 existing certificate of title issued by the jurisdiction,
5 the security interest continues perfected in this
6 Commonwealth.
7 (ii) If the name of the lienholder is not shown on
8 an existing certificate of title issued by that
9 jurisdiction, the security interest continues perfected
10 in this Commonwealth for four months after a first
11 certificate of title of the vehicle is issued in this
12 Commonwealth, and, thereafter if, within the four-month
13 period, it is perfected in this Commonwealth. The
14 security interest may also be perfected in this
15 Commonwealth after the expiration of the four-month
16 period in which case perfection dates from the time of
17 perfection in this Commonwealth.
18 (3) If the security interest was not perfected under the
19 law of the jurisdiction where the vehicle was located when
20 the security interest attached, it may be perfected in this
21 Commonwealth in which case perfection dates from the time of
22 perfection in this Commonwealth.
23 (4) A security interest may be perfected under paragraph
24 (2)(ii) or paragraph (3) either as provided in subsection (b)
25 or by the lienholder delivering to the department a notice of
26 security interest in the form the department prescribes
27 together with the required fee.
28 § 1133. Creation of security interest for titled vehicle.
29 (a) Application by owner.--If an owner creates a security
30 interest in a vehicle for which a certificate of title has been
19750H1817B3266 - 60 -
1 issued by the Commonwealth, the owner shall immediately execute
2 an application on a form prescribed by the department, naming
3 the lienholder on the certificate, showing the name and address
4 of the lienholder and the date of the security agreement. The
5 certificate of title, together with the application and the
6 required fee, shall be mailed or delivered to the department.
7 (b) Where certificate is in possession of lienholder.--Upon
8 request of the owner or subordinate lienholder, a lienholder in
9 possession of the certificate of title shall mail or deliver the
10 certificate to the department or, upon receipt from the
11 subordinate lienholder of the application of the owner and the
12 required fee, mail or deliver them to the department with the
13 certificate. The delivery of the certificate does not affect the
14 rights of the first lienholder under his security agreement.
15 (c) Endorsement and delivery of certificate.--Upon receipt
16 of the certificate of title, application and the required fees,
17 the department shall endorse on the existing certificate of
18 title, or on a new certificate which it then issues, the name
19 and address of all secured parties and shall mail the
20 certificate of title to the first lienholder named in the
21 certificate.
22 § 1134. Assignment by lienholder of security interest.
23 (a) General rule.--A lienholder may assign, absolutely or
24 otherwise, his security interest in the vehicle to a person
25 other than the owner without affecting the interest of the owner
26 or the validity of the security interest but any person without
27 notice of the assignment is protected in dealing with the
28 lienholder as the holder of the security interest and the
29 lienholder remains liable for any obligations as lienholder
30 until the assignee is named as lienholder on the certificate.
19750H1817B3266 - 61 -
1 (b) Duty of assignee.--The assignee shall deliver to the
2 department the certificate of title and an assignment by the
3 lienholder named in the certificate of title on a form
4 prescribed and furnished by the department and accompanied by
5 the required fee.
6 § 1135. Satisfaction of security interest.
7 (a) Absence of subsequent liens.--Where there are no
8 subsequent liens upon a vehicle, the following rules apply upon
9 the satisfaction of a security interest in the vehicle:
10 (1) The outstanding certificate of title shall be mailed
11 or delivered immediately to the owner of the vehicle with
12 proper evidence of satisfaction and release or the lienholder
13 may apply for corrected title to be issued in the name of the
14 owner.
15 (2) The owner may mail or deliver the certificate of
16 title with proper evidence of satisfaction of the security
17 interest to the department which shall issue a corrected
18 certificate of title without a statement of liens or
19 encumbrances. The corrected certificate of title may also be
20 issued when the outstanding certificate cannot be returned
21 and proper evidence is produced that all recorded security
22 interests have been satisfied.
23 (b) Prior or subsequent liens.--Where there are subsequent
24 liens upon a vehicle or the lien to be released is not a first
25 lien, the following rules apply upon the satisfaction of a
26 security interest in the vehicle:
27 (1) If the lienholder whose security interest is
28 satisfied has possession of the certificate of title, the
29 lienholder shall mail or deliver the certificate of title,
30 immediately upon satisfaction, to the department with proper
19750H1817B3266 - 62 -
1 evidence of satisfaction and release of the security
2 interest. A corrected certificate of title, containing a
3 statement of the remaining security interests on record,
4 shall be mailed by the department to the person holding the
5 next lien upon the vehicle.
6 (2) Upon the satisfaction of a security interest in a
7 vehicle for which the certificate of title is in the
8 possession of a prior lienholder, the lienholder whose
9 security interest is satisfied shall, immediately upon
10 satisfaction, mail or deliver to the owner proper evidence of
11 the satisfaction and release of the security interest. Upon
12 request of the owner and receipt of the release, the
13 lienholder in possession of the certificate of title shall
14 mail or deliver the certificate of title together with the
15 release to the department. The department shall issue a
16 corrected certificate of title which shall be mailed to the
17 first lienholder.
18 (c) Penalties.--
19 (1) Any person failing to deliver upon demand a
20 satisfied certificate of title as required by subsection
21 (a)(1) is guilty of a summary offense and shall, upon
22 conviction, for a first offense be sentenced to pay a fine of
23 $50 and for a subsequent offense be sentenced to pay a fine
24 of $100.
25 (2) Any person failing to return to the department a
26 certificate of title where there are other liens, for
27 correction and delivery, as required by subsection (b) is
28 guilty of a summary offense and shall, upon conviction, be
29 sentenced to pay a fine of $100.
30 (3) No person shall be deemed guilty of a violation of
19750H1817B3266 - 63 -
1 this section if the person delivers the certificate of title
2 to the department within five days of the satisfaction of the
3 lien.
4 § 1136. Duty of lienholder to disclose pertinent information.
5 A lienholder named in a certificate of title shall, upon
6 written request of the owner or of another lienholder named on
7 the certificate, disclose any pertinent information as to the
8 security agreement and the indebtedness secured by the
9 agreement.
10 § 1137. Subchapter exclusive for perfecting security interest.
11 The method provided in this subchapter for perfecting and
12 giving notice of security interests is exclusive.
13 § 1138. Duration of lien recorded on certificate of title.
14 (a) General rule.--A security interest recorded on a
15 certificate of title is effective for a period of five years
16 dating from the time of perfection as provided for in this
17 subchapter.
18 (b) Renewal of lien.--The effectiveness of a lien recorded
19 on the certificate of title lapses on the expiration of the
20 periods specified in subsection (a) unless a continuation
21 statement is filed within the six months immediately preceding
22 expiration. The lien may be renewed for as many one-year periods
23 as may be necessary by the holder of the security interest upon
24 a form furnished by the department, signed by the secured party
25 and accompanied by the fee provided in this title.
26 (c) Corrected certificate when lien expires.--A corrected
27 certificate of title without a statement of liens or
28 encumbrances shall be issued by the department, upon the request
29 of the owner, when the security interests recorded on the
30 certificate of title have expired.
19750H1817B3266 - 64 -
1 CHAPTER 13
2 REGISTRATION OF VEHICLES
3 Subchapter
4 A. General Provisions
5 B. Registration Plates
6 C. Violations and Suspensions
7 SUBCHAPTER A
8 GENERAL PROVISIONS
9 Sec.
10 1301. Driving unregistered vehicle prohibited.
11 1302. Vehicles subject to registration.
12 1303. Vehicles of nonresidents exempt from registration.
13 1304. Registration criteria.
14 1305. Application for registration.
15 1306. Grounds for refusing registration.
16 1307. Period of registration.
17 1308. Issuance of registration card.
18 1309. Renewal of registration.
19 1310. Temporary registration cards.
20 1311. Registration card to be signed and exhibited on demand.
21 1312. Notice of change of name or address.
22 1313. Duplicate registration cards.
23 1314. Transfer of registration.
24 1315. Operation of vehicle following death of owner.
25 1316. Department records.
26 § 1301. Driving unregistered vehicle prohibited.
27 It is a summary offense for any person to drive or for an
28 owner knowingly to permit to be driven upon any highway any
29 vehicle of a type required to be registered under this chapter
30 which is not registered or for which the appropriate fee has not
19750H1817B3266 - 65 -
1 been paid when and as required in this title.
2 § 1302. Vehicles subject to registration.
3 (a) General rule.--No vehicle shall be operated upon any
4 highway in this Commonwealth until the vehicle is properly
5 registered with the department as provided in this chapter.
6 (b) Exceptions.--Subsection (a) does not apply to the
7 following:
8 (1) Any vehicle in conformance with the provisions of
9 this chapter relating to dealers, persons registered under
10 any of the miscellaneous motor vehicle business classes or
11 nonresidents.
12 (2) Motor vehicles, tractors, trailers and semi-trailers <--
13 determined by the department to be used exclusively by any
14 person, or his agents and employees, upon the farm or farms
15 he owns or operates, or upon highways connecting the most
16 direct route any farms or portions of farms, all of which are
17 situated in any one county or county next adjoining thereto
18 (unless the same is a farm tractor in which event the
19 limitation of county lines shall not be applicable) and under
20 the single ownership or operation of such person, shall be
21 exempt from registration. A certificate of exemption shall be
22 required in the case of motor vehicles, trailers and semi-
23 trailers, except vehicles exempt from registration under this
24 title, which use the highways as above limited, may be
25 operated upon highways connecting by the nearest route such
26 farm or farms and the nearest official inspection station for
27 purposes of inspection, as provided for in this title.
28 Vehicles exempt from registration may also be operated on the
29 highways between such farm or farms and any garage for the
30 purpose of having the same repaired, or between such farm or
19750H1817B3266 - 66 -
1 farms and another farm for the purpose of exchanging farm
2 work without remuneration, except that the said garage or
3 other farm is within eight miles of the farm or farms which
4 the owner or operator of the vehicle owns or operates.
5 Vehicles exempt from registration may also be operated on the
6 highways between such farm or farms and any place or places
7 for the buying or selling of farm products located within
8 eight miles of the farm or farms which the owner or operator
9 of the vehicle owns or operates.
10 (2) ANY IMPLEMENT OF HUSBANDRY OR TRAILER DETERMINED BY <--
11 THE DEPARTMENT TO BE USED EXCLUSIVELY FOR AGRICULTURAL
12 OPERATIONS AND ONLY INCIDENTALLY OPERATED UPON HIGHWAYS.
13 (I) A CERTIFICATE OF EXEMPTION SHALL BE REQUIRED FOR
14 TRAILERS.
15 (II) VEHICLES EXEMPT FROM REGISTRATION UNDER THIS
16 PARAGRAPH SHALL BE USED EXCLUSIVELY UPON A FARM OR FARMS
17 OWNED OR OPERATED BY THE OWNER OF THE VEHICLE OR UPON
18 HIGHWAYS BETWEEN:
19 (A) PARTS OF ONE FARM.
20 (B) FARMS LOCATED NOT MORE THAN 25 MILES APART.
21 (C) A FARM AND A PLACE OF BUSINESS LOCATED
22 WITHIN A RADIUS OF 25 MILES FROM THE FARM FOR THE
23 PURPOSE OF BUYING OR SELLING AGRICULTURAL COMMODITIES
24 OR SUPPLIES OR FOR THE INSPECTION, REPAIR OR
25 SERVICING OF THE VEHICLE.
26 (3) Any self-propelled golf car CART used for the <--
27 transportation of persons engaged in the game of golf while
28 crossing any public highway during any game of golf.
29 (4) Any vehicle moved by special permit as provided for
30 in sections 4965 (relating to single permits for multiple
19750H1817B3266 - 67 -
1 highway crossings), and 4966 (relating to permit for movement <--
2 of quarry equipment) AND 4969 (RELATING TO PERMIT FOR <--
3 MOVEMENT OF UTILITY CONSTRUCTION EQUIPMENT).
4 (5) Any vehicle registered and displaying plates issued
5 in a foreign country by the armed forces of the United States
6 for a period of 45 days from the date of the return of the
7 owner to the United States.
8 (6) Any vehicle owned by a resident legally required to
9 be registered in another state based and used principally
10 outside of this Commonwealth.
11 (7) Any vehicle moved solely by HUMAN OR animal power. <--
12 (8) Any self-propelled invalid wheel chair.
13 (9) Any mobile home.
14 (c) Certificate of title required.--No vehicle shall be
15 registered unless a certificate of title has been obtained, if
16 one is required by Chapter 11 (relating to certificate of title
17 and security interests).
18 § 1303. Vehicles of nonresidents exempt from registration.
19 (a) General rule.--A nonresident owner of any foreign
20 vehicle may operate or permit the operation of the vehicle
21 within this Commonwealth without registering the vehicle in this
22 Commonwealth or paying any fees to the Commonwealth, provided
23 the vehicle at all times when operated in this Commonwealth is
24 duly registered and in full compliance with the registration
25 requirements of the place of residence of the owner and further
26 provided the vehicle is not:
27 (1) used for the transportation of persons for hire,
28 compensation or profit;
29 (2) regularly operated in carrying on business within
30 this Commonwealth;
19750H1817B3266 - 68 -
1 (3) designed, used or maintained primarily for the
2 transportation of property for hire, compensation or profit
3 AND NOT SUBJECT TO RECIPROCITY UNDER SECTION 6144 (RELATING <--
4 TO VEHICLE REGISTRATION AND LICENSING) OR 6149 (RELATING TO
5 AUTOMATIC RECIPROCITY); 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
19750H1817B3266 - 69 -
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 THE LOWEST 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
19750H1817B3266 - 70 -
1 or gross combination weight rating is assigned by the
2 manufacturer OR WHERE THE VEHICLE HAS BEEN ALTERED SUBSEQUENT TO <--
3 MANUFACTURE TO CHANGE ITS WEIGHT BEARING CAPACITY, an equivalent
4 rating shall be determined by the department on the basis of the
5 vehicle's horsepower, braking ability, axle limitations and such
6 other factors related to safe operation as may be established by
7 regulations of the department.
8 (e) Minimum registered gross weight.--No truck, truck-
9 tractor or trailer shall be registered at less than the total of
10 the weight of the unladen vehicle, the maximum weight of the
11 proposed load, the equivalent weight of the fuel capacity, 150
12 pounds times the seating capacity, and the weight of any
13 permanently or temporarily attached appurtenances.
14 (f) Registered gross weight of trucks and truck-tractors.--
15 Every truck shall have its own registered gross weight and may
16 also be registered at a registered gross weight for a
17 combination. Every truck-tractor shall be registered at a
18 registered gross weight for a combination.
19 (g) Buses other than school buses.--The department shall
20 register buses, other than school buses, on the basis of
21 passenger seating capacity.
22 § 1305. Application for registration.
23 (a) Application for registration.--Application for the
24 registration of a vehicle shall be made to the department upon
25 the appropriate form or forms furnished by the department. The
26 application shall contain the full name and address of the owner
27 or owners; the make, model, year and vehicle identification
28 number of the vehicle; and such other information as the
29 department may require. Applicants for registration of a truck,
30 truck-tractor, trailer or bus shall provide the vehicle's Gross
19750H1817B3266 - 71 -
1 Vehicle Weight Rating (GVWR), or the Gross Combination Weight
2 Rating (GCWR), as applicable. If the manufacturer's ratings are
3 not available, the applicant shall provide sufficient
4 information as to the horsepower, braking capacity and such
5 other data as necessary for the department to determine an
6 equivalent measure of the vehicle's hauling and stopping
7 capability. If the applicant wishes to register a vehicle at a
8 registered gross weight less than the gross vehicle weight
9 rating, the application shall include information as to weight,
10 load and any other such information as the department may
11 require. The application shall be signed by the owner, if a <--
12 natural person, or if the owner is a corporation, copartnership
13 or association, by an executive officer or some person
14 specifically authorized, in writing, by the owner, to sign the
15 application, and shall be accompanied by proof of insurance and
16 the required APPLICABLE fee. <--
17 (b) Evidence of P.U.C. approval for buses and taxis.--Before
18 registering any bus or taxi which is required under the laws of
19 this Commonwealth to obtain a certificate of public convenience
20 from the Pennsylvania Public Utility Commission, the department
21 shall require evidence that the certificate has been issued and
22 has not been revoked or has not expired.
23 (c) Designation of lessee as registrant.--The owner as
24 lessor may designate the lessee as the registrant of the vehicle
25 and the name and address of the lessee may be substituted on the
26 registration card for the address of the lessor. The department
27 shall designate the relationship upon the card in a manner it
28 deems appropriate. This subsection is applicable only for the
29 period during which the lease remains in effect.
30 § 1306. Grounds for refusing registration.
19750H1817B3266 - 72 -
1 The department shall refuse registration and transfer of
2 registration when any of the following circumstances exists:
3 (1) The applicant is not entitled to registration under
4 the provisions of this chapter.
5 (2) The applicant has at registration or titling
6 neglected or refused to furnish the department with the
7 information required on the appropriate official form, or any
8 reasonable additional information required by the department.
9 (3) The department has reasonable grounds to believe
10 that the application contains false or fraudulent
11 information, or that the vehicle is stolen, which fact the
12 department shall ascertain by reference to the stolen vehicle
13 file required to be maintained under section 7114 (relating
14 to records of stolen vehicles), or that the granting of
15 registration would constitute a fraud against the rightful
16 owner or other person having a valid lien upon the vehicle.
17 (4) The fees required by law have not been paid.
18 (5) The vehicle is not constructed or equipped as
19 required by this title.
20 (6) The registration of the vehicle stands suspended for
21 any reason as provided for in this title.
22 § 1307. Period of registration.
23 (a) Staggered renewal system to be established.--The
24 department shall establish a system of staggered registration
25 renewal in a manner that some registrations will expire every
26 month throughout the year. IN ORDER TO IMPLEMENT THE STAGGERED <--
27 REGISTRATION SYSTEM, THE DEPARTMENT MAY PRORATE ANNUAL
28 REGISTRATION FEES OVER REGISTRATION PERIODS GREATER OR LESS THAN
29 ONE YEAR.
30 (b) New registration.--A new registration is effective on
19750H1817B3266 - 73 -
1 the date of issuance of a registration card by the department or
2 the date of issuance of a temporary registration card by an
3 authorized agent of the department under section 1310 (relating
4 to temporary registration cards).
5 (c) Renewal of registration.--A renewed registration shall
6 be effective on issuance by the department of a renewed
7 registration card except that the department, by regulation, may
8 establish a renewal system coordinated with the periodic
9 inspection of vehicles as provided in section 4702 (relating to
10 requirement for periodic inspection of vehicles).
11 (d) Expiration of registration.--A registration shall expire
12 on the last day of the month designated on the registration
13 card. The department shall send an application for renewal of <--
14 registration to every registrant at least 60 days prior to
15 expiration of the current registration.
16 (e) Antique and classic vehicles.--Antique and classic motor
17 vehicle registrations shall expire upon the junking, scrapping
18 or transfer of ownership of the vehicle, except that if the
19 transfer is between spouses or between parent and child the
20 registration may be transferred upon payment of a transfer fee.
21 § 1308. Issuance of registration card.
22 (a) General rule.--The department, upon registering a
23 vehicle, shall issue to the registrant a registration card which
24 shall contain the registration number assigned to the vehicle,
25 the name and address of the registrant and the name of the
26 owner, if other than the registrant, a description of the
27 vehicle including the vehicle identification number, the
28 expiration date, provision for the registrant to certify that
29 the vehicle is currently covered by no-fault and liability
30 insurance and such other information as may be determined by the
19750H1817B3266 - 74 -
1 department. The registration card shall be valid only upon <--
2 affixing to the vehicle a certificate of inspection as provided
3 in section 4702 (relating to requirement for periodic inspection
4 of vehicles).
5 (b) Trucks.--The registration card for a truck shall
6 indicate the registered gross weight of the truck, and the
7 registered gross weight of the combination, if the truck is so
8 registered, in addition to other information required.
9 (c) Truck-tractors.--The registration card for a truck-
10 tractor shall indicate the registered gross weight of the
11 combination in addition to other information required.
12 (d) Trailers.--The registration card for a trailer shall
13 indicate the registered gross weight of the trailer in addition
14 to other information required.
15 (e) Buses.--The registration card for a bus shall indicate
16 the passenger seating capacity of the bus.
17 § 1309. Renewal of registration.
18 At least 60 days prior PRIOR to the expiration of each <--
19 registration, the department shall send to the registrant an
20 application for renewal of registration. Upon return of the
21 application, with ACCOMPANIED BY PROOF OF INSURANCE AND the <--
22 applicable fee, the department shall send to the registrant a
23 renewed registration card. which shall be valid only upon <--
24 affixing to the vehicle a certificate of inspection as provided
25 in section 4702 (relating to requirement for periodic inspection
26 of vehicles). FAILURE TO RECEIVE A RENEWAL APPLICATION SHALL NOT <--
27 RELIEVE A REGISTRANT FROM THE RESPONSIBILITY TO RENEW THE
28 REGISTRATION.
29 § 1310. Temporary registration cards.
30 (a) General rule.--The department shall provide temporary
19750H1817B3266 - 75 -
1 registration cards for use pending issuance or transfer of
2 permanent registration cards. Temporary registration cards may
3 be delivered to designated agents who shall have the authority
4 to issue them in accordance with regulations promulgated by the
5 department.
6 (b) Duration.--Temporary registration cards shall be valid
7 for such period as the department shall designate.
8 (c) Charges by designated agent.--A designated agent may not
9 charge more than $5 ANY FEE for issuing a temporary registration <--
10 card including any notary charges. OTHER THAN NOTARY FEES. <--
11 § 1311. Registration card to be signed and exhibited on demand.
12 (a) Signing card.--Upon receiving the registration card or
13 any duplicate, the registrant shall enter the required <--
14 information as to no-fault and liability insurance coverage and
15 sign his name in the space or spaces provided. <--
16 (b) Carrying and exhibiting card.--Every registration card
17 shall, at all times while the vehicle is being operated upon a
18 highway, be in the possession of the person driving or in
19 control of the vehicle or carried in the vehicle and shall be
20 exhibited upon demand of any police officer.
21 (c) Production to avoid penalty.--No person shall be
22 convicted of violating this section or section 1302 (relating to
23 vehicles subject to registration) if the person produces at the
24 office of the issuing authority or at the office of the
25 arresting police officer within five days of the violation, a
26 registration card valid in this Commonwealth at the time of the
27 arrest.
28 § 1312. Notice of change of name or address.
29 Any person whose address is changed from the address named in
30 the application for registration or on the registration card or
19750H1817B3266 - 76 -
1 whose name is changed shall, within 15 days, notify the
2 department in writing of the old and new address, or of such
3 former and new names, and of the operator's number on any
4 registration card then held by the person.
5 § 1313. Duplicate registration cards.
6 (a) Additional cards upon request.--The department shall, if
7 so requested, issue to the registrant of any vehicle whose
8 registration is not under suspension a duplicate registration
9 card, or as many duplicate registration cards as requested, upon
10 payment of the fee provided in this title for each card.
11 (b) Replacement of lost or illegible card.--In the event of
12 a lost, stolen, destroyed or illegible registration card, the
13 registrant shall apply to the department for a duplicate within
14 48 hours of discovery of the loss or defacement of such
15 registration card, upon a form furnished by the department, and
16 accompanied by the fee provided in this title.
17 (c) Affidavit to avoid penalty.--No owner or operator of a
18 vehicle shall be subject to a fine for failure to have the
19 registration card if the owner or operator makes affidavit that
20 the card was lost or stolen within the period of 20 days
21 preceding and that application for new registration card was
22 made within 48 hours as required in this section.
23 § 1314. Transfer of Registration.
24 (a) General rule.--Registration and registration plates may
25 be transferred to another vehicle owned or leased by the
26 registrant, or to a vehicle owned or leased by the spouse,
27 parent or child of the registrant.
28 (b) Procedure for transfer.--In order to transfer
29 registration and registration plates, the transferee shall apply
30 for a temporary registration card in accordance with section
19750H1817B3266 - 77 -
1 1310 (relating to temporary registration cards) and
2 simultaneously apply for transfer of registration under this
3 section.
4 (c) Same vehicle type.--If the transfer is within the same
5 vehicle type, the transferee shall retain the registration plate
6 previously issued, unless lost or destroyed. A new registration
7 card shall be issued by the department.
8 (d) Different vehicle type.--If the transfer is to another
9 vehicle type, a new registration plate and card shall be issued
10 to the transferee. The previously issued plate shall be returned
11 to the department for cancellation immediately upon receipt of
12 the new registration plate, unless lost or destroyed. In
13 addition to the transfer fee, the transferee shall pay the
14 difference in registration fees when transferring registration
15 to a type or class of vehicle requiring a higher fee. No refund
16 shall be payable on transferring to a type or class of vehicle
17 requiring a lower fee.
18 § 1315. Operation of vehicle following death of owner.
19 When the owner of a vehicle is deceased, the vehicle may be
20 operated by or for any heir or personal representative of the
21 decedent for the remainder of the current registration period
22 and throughout the next following registration period, provided
23 that the registration is renewed in the name of the decedent's
24 estate as otherwise required by this chapter. Registration may
25 continue to be renewed thereafter in the name of the decedent's
26 estate by any person entitled to the family exemption until the
27 final account is approved by the court.
28 § 1316. Department records.
29 The department shall maintain suitable records in a manner
30 permitting identification of vehicles and owners, including:
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1 (1) All registrations and transfers of registrations
2 issued.
3 (2) All registrations and transfers of registrations
4 denied and reasons for denial. Registrations and transfers
5 returned for correction of errors or omissions need not be
6 recorded.
7 SUBCHAPTER B
8 REGISTRATION PLATES
9 Sec.
10 1331. Registration plates to be furnished by department. <--
11 1331. ISSUANCE OF REGISTRATION PLATES. <--
12 1332. Display of registration plate.
13 1333. Lost, stolen, damaged or illegible registration plate.
14 1334. Return of registration plate.
15 1335. Registration plates for manufacturers and dealers.
16 1336. Use of dealer registration plates.
17 1337. Use of "Miscellaneous Motor Vehicle Business"
18 registration plates.
19 1338. Handicapped plate.
20 1339. Legislative plate.
21 1340. Antique and classic plates.
22 1341. Personal plate.
23 1342. PLATE FOR TOTALLY DISABLED VETERAN. <--
24 1342 1343. Use of school bus plates. <--
25 1343 1344. Use of farm tractor TRUCK plates. <--
26 1344. Special plates for disabled veterans. <--
27 § 1331. Registration plates to be furnished by department. <--
28 (a) General rule.--Upon registering a vehicle, the <--
29 department shall issue a registration plate, unless the
30 registrant has and intends to affix to the vehicle one of the
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1 following special plates:
2 (1) Handicapped plate (section 1338).
3 (2) Legislative plate (section 1339).
4 (3) Antique plate (section 1340).
5 (4) Classic plate (section 1340).
6 (5) Personal plate (section 1341).
7 (6) No fee plate (section 1901).
8 § 1331. ISSUANCE OF REGISTRATION PLATES. <--
9 (A) DEPARTMENT TO PROVIDE PLATES.--REGISTRATION PLATES SHALL <--
10 BE PROVIDED BY THE DEPARTMENT.
11 (b) Information on plate.--Every registration plate shall
12 have displayed upon it the identifying numbers or letters
13 assigned to the vehicle, the name of the Commonwealth, which may
14 be abbreviated, and any other data the department may deem
15 necessary.
16 (c) Temporary registration plates.--The department shall
17 provide temporary registration plates for use on vehicles which
18 are to be removed from this Commonwealth or for use as necessary
19 pending issuance of permanent registration plates.
20 (d) Reflectorizing material on plate.--All registration
21 plates, except temporary plates, shall be treated with
22 reflectorizing material in accordance with standards approved by
23 the department.
24 (e) Issuance of plates by agents.--The department may
25 deliver REGISTRATION plates, other than special plates, to <--
26 designated agents, who shall have the authority to issue them in
27 conjunction with the issuance of temporary registration cards.
28 § 1332. Display of registration plate.
29 (a) General rule.--Every registration plate shall, at all
30 times, be securely fastened to the vehicle to which it is
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1 assigned or on which its use is authorized in accordance with
2 regulations promulgated by the department.
3 (b) Obscuring plate.--It is unlawful to display on any
4 vehicle a registration plate which is so dirty as to prevent the
5 reading of the number or letters thereon at a reasonable
6 distance or is otherwise illegible at a reasonable distance or
7 is obscured in any manner.
8 § 1333. Lost, stolen, damaged or illegible registration plate.
9 (a) Substitute plate made by owner.--In the event a
10 registration plate is lost, stolen, damaged or illegible, the
11 owner of the vehicle shall immediately place on the vehicle a
12 home-made substitute plate or plates bearing the vehicle
13 registration number and displayed as nearly as possible as
14 provided for in section 1332 (relating to display of
15 registration plate).
16 (b) Application for new plate.--The registrant of the
17 vehicle shall within 48 hours of discovering the loss, theft or
18 defacement apply to the department for a new plate and report
19 the loss or theft of a plate to the police.
20 (c) Substitute registration.--Where the registration plate
21 has been lost or stolen and in any other case in which the
22 department may deem it advisable, the original registration
23 shall be cancelled and substitute registration issued under a
24 new registration number other than that originally issued. Upon
25 receipt of substitute registration, it shall be the duty of the
26 registrant to return the old registration plates and card to the
27 department, unless lost or destroyed.
28 (d) Affidavit to avoid penalty.--No owner or operator of a
29 vehicle shall be subject to a fine for the reason that the
30 registration plate is missing if he makes affidavit that the
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1 plate was lost or stolen within the period of the 20 days
2 preceding and that application for new plate or plates was made
3 within 48 hours as required in this section.
4 § 1334. Return of registration plate.
5 (a) General rule.--Registration plates shall be returned to
6 the department under the following circumstances:
7 (1) A registration plate shall be returned if the
8 registrant no longer has a vehicle titled in this
9 Commonwealth.
10 (2) A legislative registration plate shall be returned
11 on the expiration or termination of the term of office of the
12 legislative member.
13 (3) A dealer or "Miscellaneous Motor Vehicle Business"
14 registration plate shall be returned if the business is
15 discontinued.
16 (4) A handicapped registration plate shall be returned
17 if the person to whom it was issued no longer qualifies under
18 section 1338 (relating to handicapped plate).
19 (b) Time for return of plate.--Each registration plate
20 required to be returned under this section shall be returned to
21 the department within five days of the occurrence requiring its
22 return.
23 (c) Statement accompanying returned plate.--Each returned
24 registration plate shall be accompanied by a statement of the
25 reason for the return of the plate and the date of the
26 occurrence requiring its return.
27 § 1335. Registration plates for manufacturers and dealers.
28 (a) General rule.--The department shall issue annually to <--
29 dealers and manufacturers licensed by the State Board of Motor
30 Vehicle Manufacturers, Dealers and Salesmen of the Department of
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1 State special registration plates which may be displayed on
2 vehicles operating on highways in lieu of registering each
3 vehicle individually in accordance with the requirements of
4 section 1302(a) (relating to vehicles subject to registration).
5 (b) Application for plates.--Application for dealer
6 registration plates shall be made by the dealer or manufacturer
7 on a form provided by the department together with a copy of his
8 license from the State Board of Motor Vehicle Manufacturers,
9 Dealers and Salesmen.
10 (c) Exemption from individual registration.--Vehicles
11 displaying dealer registration plates may be operated on the
12 highway without registering each vehicle individually, provided
13 that the plates are used in accordance with the limitations of
14 section 1336 (relating to use of dealer registration plates).
15 § 1336. Use of dealer registration plates.
16 (a) General rule.--Dealer registration plates may be used on
17 any vehicle owned or in possession of a dealer or manufacturer
18 and operated by the dealer or manufacturer or their employees
19 only when the vehicle is used for any of the following purposes:
20 (1) In the actual business of the REGISTRANT AS A dealer <--
21 or manufacturer.
22 (2) For the personal pleasure or use of the dealer or
23 members of his immediate family, or when the dealer is a
24 corporation, for the personal pleasure or use of not more <--
25 than three THE officers or members of their immediate <--
26 families, or for the personal use of the regular employees of
27 the dealer. or corporation when operated by the employee. <--
28 (3) For teaching students enrolled in an approved driver
29 education course how to operate a vehicle and for the new
30 driver to take an examination for a driver's license.
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1 (4) For testing vehicles in the possession of the dealer
2 or manufacturer.
3 (5) For demonstrating vehicles in the possession of the
4 dealer or manufacturer.
5 (6) FOR LOANING TO CUSTOMERS WHOSE VEHICLES ARE BEING <--
6 REPAIRED.
7 (7) FOR LOANING TO PROSPECTIVE PURCHASERS FOR A PERIOD
8 NOT EXCEEDING FIVE DAYS FOR THE PURPOSE OF DEMONSTRATING
9 VEHICLES.
10 (b) Vehicles loaned to prospective purchasers.--Registered <--
11 dealers may permit the use of their dealer registration plates
12 for a period not exceeding five days upon vehicles owned by
13 them, and loaned to prospective purchasers for the purpose of
14 demonstrating the vehicle. RECORDS.--Records shall be kept by <--
15 the dealer in a manner prescribed by the department indicating
16 which vehicles have been loaned to prospective purchasers, the <--
17 name of the person to whom loaned and the period of the loan.
18 USED AS PROVIDED IN SUBSECTION (A)(3)(6) AND (7). The records <--
19 shall be open to inspection to BY representatives of the <--
20 department and to police officers. <--
21 § 1337. Use of "Miscellaneous Motor Vehicle Business"
22 registration plates.
23 (a) General rule.--The department shall issue annually to <--
24 owners of miscellaneous motor vehicle businesses special
25 registration plates which may be displayed on vehicles operated
26 on highways in lieu of registering each vehicle individually in
27 accordance with the requirements of section 1302(a) (relating to
28 vehicles subject to registration). Registration plates issued
29 under this section may be used only when the vehicle is used for
30 any of the following purposes:
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1 (1) In the conduct of the miscellaneous motor vehicle
2 business.
3 (2) For the personal pleasure or use of the owner of the
4 miscellaneous motor vehicle business or members of their
5 immediate family, or when the business is a corporation, for
6 the pleasure or use of not more than three officers or
7 members of their immediate families, or for the personal use
8 of the regular employees of the business when operated by the
9 employee.
10 (b) Application for registration.--Application for
11 registration in any of the "Miscellaneous Motor Vehicle
12 Business" classes shall be made upon a form provided by the
13 department and shall set forth the full name and business
14 address of the applicant and such other information as the
15 department shall require. The application shall be verified by
16 the oath or affirmation of the applicant or, if the applicant is
17 a partnership or a corporation, by a partner or officer.
18 (c) Classes of "Miscellaneous Motor Vehicle Business".--
19 (1) Repair, service and towing.--Any person engaged in
20 the repair, service or towing of motor vehicles.
21 (2) Vehicle salvage dealer.--Any person who maintains an
22 established place of business and who is engaged in the
23 business of buying, selling or exchanging used, wrecked or
24 abandoned vehicles and junkers for the purpose of remodeling,
25 taking apart, or rebuilding the same, or buying or selling of
26 parts.
27 (3) Transporter.--A person regularly engaged in the
28 business of transporting new vehicles or new and used
29 trailers on their own wheels, owned by or in possession of a
30 registered dealer.
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1 (4) Financer or collector-repossessor.--A person who is
2 duly authorized to do business in this Commonwealth as a
3 financer or collector-repossessor and who is regularly
4 engaged in the business of financing sales, making loans on
5 the security of vehicles or repossessing vehicles which are
6 the subject of installment sales contracts as an independent
7 contractor.
8 § 1338. Handicapped plate.
9 On the application of any person who:
10 (1) does not have full use of a leg or both legs or an
11 arm or both arms;
12 (2) is blind; or
13 (3) is in loco parentis of a person specified in
14 paragraph (1) or (2);
15 the department shall issue A special registration plates for any <--
16 PLATE FOR ONE passenger car or Class 1 truck OTHER VEHICLE WITH <--
17 A REGISTERED GROSS WEIGHT OF NOT MORE THAN 9,000 POUNDS,
18 designating the vehicle so licensed as being used by a
19 handicapped person. Special plates for handicapped persons may
20 also be issued for vehicles operated exclusively for the use and
21 benefit of handicapped persons. The department shall not charge <--
22 any fee, other than the regular registration fee, for the
23 issuance of the registration plates.
24 § 1339. Legislative plate.
25 Upon application by a member of the General Assembly of the
26 Commonwealth or the Congress of the United States, the
27 department shall issue special registration plates indicating
28 that the vehicle is owned by a member of the Pennsylvania or
29 United States Senate or House of Representatives, as
30 appropriate.
19750H1817B3266 - 86 -
1 § 1340. Antique and classic plates.
2 (a) General rule.--Upon submission by a vehicle owner of
3 information satisfactory to the department that a motor vehicle
4 is an antique motor vehicle or classic motor vehicle,
5 accompanied by the appropriate fee, the department may issue
6 special plates for the vehicle. No annual registration fee may
7 be charged for antique or classic motor vehicles.
8 (b) Use of plates.--It is unlawful for any person to operate
9 a vehicle with antique or classic registration plates for
10 general daily transportation. Permitted use shall be limited to
11 participation in club activities, exhibits, tours, parades,
12 occasional transportation and similar uses.
13 § 1341. Personal plate.
14 Upon request by the applicant, the department may issue
15 registration plates consisting of any combination of numbers,
16 letters or numbers and letters. These special plates may be
17 issued for special groups or for special purposes and bear an
18 appropriate designation. They shall have the same force and
19 effect as regular registration plates. The department may refuse
20 any combination of letters and numbers for cause and shall adopt
21 reasonable rules and regulations for the issuance of the plates
22 and for carrying out the provisions of this section. The
23 applicant shall comply with all laws and regulations pertaining
24 to registration including the payment of any additional fees.
25 § 1342. PLATE FOR TOTALLY DISABLED VETERAN. <--
26 ON THE APPLICATION OF A TOTALLY DISABLED VETERAN, WHOSE <--
27 DISABILITY IS CERTIFIED BY THE UNITED STATES VETERANS'
28 ADMINISTRATION AS SERVICE-CONNECTED, THE DEPARTMENT SHALL ISSUE
29 A SPECIAL REGISTRATION PLATE DESIGNATING THE VEHICLE AS
30 BELONGING TO A DISABLED VETERAN. THE REGISTRATION PLATE SHALL
19750H1817B3266 - 87 -
1 HAVE A WHITE BACKGROUND, SHALL HAVE BLUE NUMBERS OR LETTERS AS
2 THE DEPARTMENT MAY DETERMINE, AND SHALL HAVE THE WORDS,
3 "DISABLED VETERAN," IN AT LEAST TEN-POINT BOLD TYPE, INSCRIBED
4 IN RED AT THE BOTTOM OF THE PLATE. THE SPECIAL REGISTRATION
5 PLATE MAY BE USED ONLY ON ONE PASSENGER VEHICLE OR ONE OTHER
6 VEHICLE WITH A REGISTERED GROSS WEIGHT OF NOT MORE THAN 9,000
7 POUNDS.
8 § 1342 1343. Use of school bus plates. <--
9 (a) General rule.--A motor vehicle bearing school bus <--
10 registration plates shall be used exclusively for the
11 transportation of children and no more than five chaperones to
12 or from school or in connection with any school-related activity
13 or for transportation without charge of passengers in connection
14 with an activity sponsored by a religious, charitable or civic
15 organization. Except when transporting children to and from
16 school or school-related activities, the words "school bus" on
17 the front and rear of the vehicle shall be concealed and the red
18 and amber visual signals shall not be operable.
19 (A) DEFINITION.--AS USED IN THIS SECTION IS "EXTRACURRICULAR <--
20 ACTIVITIES" INCLUDES, BUT IS NOT LIMITED TO, ATHLETIC, FORENSIC,
21 MUSICAL, DRAMATIC OR ANY OTHER SIMILAR EVENT OR EXHIBITION, HELD
22 UNDER THE SUPERVISION OF SCHOOL AUTHORITIES, IN WHICH THE SCHOOL
23 CHILDREN ARE PARTICIPANTS OR SPECTATORS, AND IN WHICH THE SCHOOL
24 IS REPRESENTED BY A TEAM OR PARTICIPATING BODY.
25 (B) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (C), IT
26 IS UNLAWFUL FOR ANY PERSON OR POLITICAL SUBDIVISION TO DRIVE ANY
27 VEHICLE REGISTERED AS A SCHOOL BUS FOR THE TRANSPORTATION OF
28 PASSENGERS.
29 (C) EXCEPTIONS.--THE PROVISIONS OF SUBSECTION (A) DO NOT
30 APPLY TO THE TRANSPORTATION OF SCHOOL CHILDREN ALONG WITH
19750H1817B3266 - 88 -
1 CHAPERONES NOT EXCEEDING FIVE IN NUMBER:
2 (1) IN VEHICLES REGISTERED AS SCHOOL BUSES AND OWNED BY
3 ANY SCHOOL DISTRICT, PAROCHIAL SCHOOL OR PRIVATE SCHOOL WHEN
4 THE TRANSPORTATION IS:
5 (I) FOR SCHOOL PURPOSES; OR
6 (II) TO AND FROM EXTRACURRICULAR ACTIVITIES.
7 (2) IN VEHICLES REGISTERED AS SCHOOL BUSES AND OPERATED
8 UNDER CONTRACT WITH ANY SCHOOL DISTRICT, PAROCHIAL SCHOOL OR
9 PRIVATE SCHOOL BY A PERSON WHO HAS A CONTRACT WITH THE SCHOOL
10 OR SCHOOL DISTRICT TRANSPORTING THE STUDENTS, WHEN THE
11 TRANSPORTATION IS:
12 (I) BETWEEN THEIR HOMES AND SCHOOL; OR
13 (II) TO AND FROM EXTRACURRICULAR ACTIVITIES.
14 (D) VEHICLE TO CARRY COPY OF CONTRACT.--ANY PERSON WHO OWNS
15 AND OPERATES A VEHICLE REGISTERED AS A SCHOOL BUS SHALL MAINTAIN
16 IN THE VEHICLE A COPY OF THE CONTRACT WITH THE SCHOOL OR SCHOOL
17 DISTRICT FOR THE TRANSPORTING OF SCHOOL CHILDREN OR EVIDENCE
18 THEREOF AS SPECIFIED BY THE DEPARTMENT.
19 (b) (E) Penalty.--Any person violating this section is <--
20 guilty of a summary offense and shall, upon conviction, be
21 sentenced to pay a fine of $25.
22 § 1343 1344. Use of farm truck plates. <--
23 (a) General rule.--A truck bearing farm truck registration
24 plates shall be used exclusively upon a farm or farms owned or
25 operated by the owner REGISTRANT of the vehicle or upon highways <--
26 between:
27 (1) Parts of one farm.
28 (2) Farms located not more than 25 miles apart.
29 (3) A farm and a place of business located within a
30 radius of 50 miles from the farm OR FARMS for the purpose of <--
19750H1817B3266 - 89 -
1 buying or selling agricultural commodities or supplies or for
2 the inspection, repair or servicing of the vehicle.
3 (b) 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 not less than $25. <--
6 § 1344. Special plates for disabled veterans. <--
7 On the application of any disabled veteran, so certified by
8 the United States Veterans' Administration, the department shall
9 issue to him special registration plates designating the vehicle
10 so licensed as belonging to a disabled veteran. The registration
11 plates shall have a white background, shall have blue numbers or
12 letters as the department may determine, and shall have the
13 words, "disabled veteran," in at least ten-point bold type,
14 inscribed in red at the bottom of the plate. The department
15 shall issue registration plates so designated only to persons
16 who are disabled veterans. The department shall not charge any
17 fee, other than the regular fee for annual registration, for the
18 issuance of such registration plates.
19 SUBCHAPTER C
20 VIOLATIONS AND SUSPENSIONS
21 Sec.
22 1371. Operation following suspension of registration.
23 1372. Unauthorized transfer or use of registration.
24 1373. Suspension of registration.
25 1374. Suspension of vehicle business registration plates.
26 1375. Suspension of registration of unapproved carriers.
27 1376. Surrender of registration plates and cards upon
28 suspension.
29 1377. Judicial review of denial or suspension of registration.
30 § 1371. Operation following suspension of registration.
19750H1817B3266 - 90 -
1 (a) General rule.--No person shall operate and no owner
2 shall permit to be operated upon any highway a vehicle the
3 registration of which has been suspended.
4 (b) Penalty.--Any person violating this section is guilty of
5 a summary offense and shall, upon conviction, be sentenced to
6 pay a fine of not less than $100 nor more than $500.
7 § 1372. Unauthorized transfer or use of registration.
8 No person shall:
9 (1) allow a registration card or plate or permit to be
10 used by any person not authorized to use it or on any vehicle
11 other than the vehicle for which it was issued;
12 (2) use any registration card or plate or permit unless
13 authorized to do so; or
14 (3) display a registration card or plate in, on or in
15 connection with any vehicle other than the vehicle for which
16 it was issued.
17 § 1373. Suspension of registration.
18 The department may suspend any registration after providing
19 opportunity for a hearing in any of the following cases when the
20 department finds upon sufficient evidence that:
21 (1) The vehicle is unsafe or unfit for operation or is
22 not equipped as required by this title.
23 (2) The owner or registrant has made, or permitted to be
24 made, any unlawful use of the vehicle or registration plate
25 or plates, or registration card, or permitted the use by a
26 person not entitled thereto.
27 (3) The owner or registrant has knowingly made a false
28 statement or knowingly concealed a material fact or otherwise
29 committed a fraud in any application or form required to be
30 filed by this title.
19750H1817B3266 - 91 -
1 (4) Upon the request or order of any court of record.
2 (5) The required fee has not been paid.
3 (6) The registrant or any agent or employee has
4 repeatedly violated any of the provisions of this chapter or
5 Chapter 11 (relating to certificate of title and security
6 interests).
7 § 1374. Suspension of vehicle business registration plates.
8 (a) General rule.--The department may suspend registration
9 plates for dealers, manufacturers or members of the
10 "Miscellaneous Motor Vehicle Business" class after providing
11 opportunity for a hearing in any of the following cases when the
12 department finds upon sufficient evidence that:
13 (1) The registrant is no longer entitled to licensing as
14 a dealer or manufacturer or to registration in the
15 "Miscellaneous Motor Vehicle Business" class.
16 (2) The registrant has made or permitted to be made any
17 unlawful use of the vehicle or registration plate or plates
18 or registration card or permitted the use by a person not
19 entitled thereto.
20 (3) The registrant has knowingly made a false statement
21 or knowingly concealed a material fact or otherwise committed
22 a fraud in any application.
23 (4) The registrant has failed to give notice of transfer
24 of ownership or of the destruction or junking of any vehicle
25 when and as required by this title.
26 (5) The registrant has failed to deliver to a transferee
27 lawfully entitled thereto or to the department, when and as
28 required by this title, a properly assigned certificate of
29 title.
30 (6) The registrant has repeatedly violated any of the
19750H1817B3266 - 92 -
1 provisions of this title.
2 (7) Any fee payable to the Commonwealth in connection
3 with the operation of the business of the registrant has not
4 been paid.
5 (b) Recommended action by State licensing board.--The
6 department may also audit and investigate dealers and
7 manufacturers registered by the State Board of Motor Vehicle
8 Manufacturers, Dealers and Salesmen to determine whether any
9 dealer or manufacturer has violated any provision of this title
10 pertaining to dealers or manufacturers or any regulation
11 promulgated by the department. The department may recommend that
12 the State Board of Motor Vehicle Manufacturers, Dealers and
13 Salesmen suspend the license of any dealer or manufacturer which
14 it finds has committed a violation and the board shall take
15 prompt action on any such recommendations under the act of
16 September 9, 1965 (P.L.499, No.254), known as the "Motor Vehicle
17 Manufacturer's Dealers and Salesmen's License Act."
18 § 1375. Suspension of registration of unapproved carriers.
19 (a) General rule.--The department shall suspend the
20 registration of any vehicle upon the presentation to the
21 department of a certificate of the Pennsylvania Public Utility
22 Commission setting forth, after hearing and investigation, that
23 the commission has found and determined that the vehicle has
24 been operated as a common carrier or contract carrier by motor
25 vehicle within this Commonwealth without the approval of the
26 commission and either that no appeal was filed from such
27 determination in the manner and within the time provided by law
28 or that the determination was affirmed on appeal.
29 (b) Rescission of suspension.--Any suspension of
30 registration under this section may be rescinded by the
19750H1817B3266 - 93 -
1 department upon the petition of the owner of such vehicle or of
2 the lessee provided the petition is accompanied by a certificate
3 of the Pennsylvania Public Utility Commission setting forth that
4 the commission does not object to the rescission.
5 § 1376. Surrender of registration plates and cards upon
6 suspension.
7 (a) General rule.--The department, upon suspending any
8 registration, shall require the registration plate or plates and
9 registration card to be surrendered immediately to the
10 department and may delegate authority to any authorized
11 department employee or police officer to seize the registration
12 plate or plates and registration card or cards.
13 (b) Penalty.--Any person failing or refusing to surrender to
14 the department, upon demand, any registration plate or card
15 which has been suspended is guilty of a summary offense and
16 shall, upon conviction, be sentenced to pay a fine of $100.
17 § 1377. Judicial review of denial or suspension of
18 registration.
19 Any person whose registration has been denied suspended by
20 the department shall have the right to appeal by filing a
21 petition within 30 days from the date notice is mailed for a
22 hearing in the court of common pleas in the county in which the
23 individual resides. The filing of the petition shall act as a
24 supersedeas and the suspension of registration shall not be
25 imposed until determination of the matter as provided in this
26 section. The court is hereby vested with jurisdiction, and it
27 shall be the duty of the court to set the matter down forthwith
28 for hearing upon 30 days written notice to the department, and
29 thereupon to take testimony and examine into the facts of the
30 case and to determine whether the petitioner is entitled to
19750H1817B3266 - 94 -
1 registration or subject to suspension of registration under the
2 provisions of this title.
3 CHAPTER 15
4 LICENSING OF DRIVERS
5 Subchapter
6 A. General Provisions
7 B. Comprehensive System For Driver Education and Control
8 C. Violations
9 SUBCHAPTER A
10 GENERAL PROVISIONS
11 Sec.
12 1501. Drivers required to be licensed.
13 1502. Persons exempt from licensing.
14 1503. Persons ineligible for licensing.
15 1504. Classes of licenses.
16 1505. Learners' permits.
17 1506. Application for driver's license or learner's permit.
18 1507. Application for driver's license or learner's permit by
19 minor.
20 1508. Examination of applicant for driver's license.
21 1509. Qualifications for Class 4 license.
22 1510. Issuance and content of driver's license.
23 1511. Carrying and exhibiting driver's license on demand.
24 1512. Restrictions on drivers' licenses.
25 1513. Duplicate and substitute drivers' licenses and learners'
26 permits.
27 1514. Expiration and renewal of drivers' licenses.
28 1515. Notice of change of name or address.
29 1516. Department records.
30 1517. Medical advisory board.
19750H1817B3266 - 95 -
1 1518. Reports on mental or physical disabilities or disorders.
2 1519. Determination of incompetency.
3 § 1501. Drivers required to be licensed.
4 (a) General rule.--No person, except those expressly
5 exempted, shall drive any motor vehicle upon a highway in this
6 Commonwealth unless the person has a driver's license valid
7 under the provisions of this chapter.
8 (b) Persons in towed vehicles.--No person, except those
9 expressly exempted, shall steer or, while within the passenger
10 compartment of the vehicle, exercise any degree of physical
11 control of a vehicle being towed by a motor vehicle upon a
12 highway in this Commonwealth unless the person has a valid
13 driver's license under the provisions of this chapter for the
14 type or class of vehicle being towed.
15 (c) Limitation on number of licenses.--No person shall
16 receive a driver's license unless and until the person
17 surrenders to the department all valid licenses in the person's
18 possession issued by this or any other state. All surrendered
19 licenses issued by another state shall be returned to that
20 state, together with information that the person is licensed in
21 this Commonwealth. No person shall be permitted to have more
22 than one valid driver's license at any time.
23 (d) Penalty.--Any person violating subsection (a) is guilty
24 of a summary offense and shall, upon conviction, be sentenced to
25 pay a fine of $200, except that, if the person charged furnishes
26 satisfactory proof of having held a valid driver's license
27 issued during the preceding driver's license period and no more
28 than 30 days have elapsed from the last date for renewal, the
29 fine shall be $25. No person charged with violating subsections
30 (a) or (b) shall be convicted if the person produces at the
19750H1817B3266 - 96 -
1 office of the issuing authority or the arresting police officer
2 within five days a driver's license valid in this Commonwealth
3 at the time of the arrest.
4 § 1502. Persons exempt from licensing.
5 The following persons are not required to obtain a driver's
6 license under this chapter:
7 (1) Any employee of the Federal Government while
8 operating a motor vehicle owned by or leased to the Federal
9 Government and being operated on official business unless the
10 employee is required by the Federal Government or any agency
11 thereof to have a state driver's license.
12 (2) Any person in the service of the Pennsylvania <--
13 National Guard ARMED FORCES OF THE UNITED STATES, INCLUDING <--
14 THE RESERVE COMPONENTS, when furnished with a valid military
15 driver's license and operating an official vehicle on
16 official business.
17 (3) Any nonresident who is at least 16 years of age and
18 who has in possession a valid driver's license issued in the
19 person's home state or country except that a person who has
20 been issued a valid driver's license in a country other than
21 the United States or Canada shall be exempt only upon showing
22 a satisfactory understanding of official traffic-control
23 devices. A nonresident may only drive the class or classes of
24 vehicles in this Commonwealth for which the person is
25 licensed to drive in the person's home state or country
26 subject to all restrictions contained on the license.
27 (4) Any person on active duty in the armed forces of the
28 United States who has in their immediate possession a valid
29 driver's license issued in a foreign country by the armed
30 forces of the United States may operate a motor vehicle in
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1 this Commonwealth for a period of not more than 45 days from
2 the date of the person's return to the United States.
3 (5) Any person 14 years of age or older operating an
4 implement of husbandry. or any motorized self-propelled <--
5 equipment not required to be registered under this title.
6 Persons under 16 14 OR 15 years of age are restricted to the <--
7 operation of implements of husbandry on one and two lane
8 highways which bisect or immediately adjoin the premises upon
9 which such person resides.
10 § 1503. Persons ineligible for licensing.
11 (a) General rule.--The department shall not issue any
12 driver's license to, or renew the driver's license of, any
13 person:
14 (1) Whose operating privilege is suspended or revoked in
15 this or any other state except as otherwise provided in this
16 title.
17 (2) Whose operating privilege is suspended or revoked in
18 any other state upon grounds which would authorize the
19 suspension or revocation of the operating privilege under
20 this title.
21 (3) Who is a user of alcohol or any controlled substance
22 to a degree rendering the user incapable of safely driving a
23 motor vehicle. This paragraph does not apply to any person
24 who is enrolled or otherwise participating in a methadone or
25 other controlled substance treatment program approved by the
26 Governor's Council on Drug and Alcohol Abuse provided that
27 the person is certified to be competent to drive by a
28 physician designated by the Governor's Council on Drug and
29 Alcohol Abuse.
30 (4) Who has been adjudged to be afflicted with or
19750H1817B3266 - 98 -
1 suffering from any mental disability or disease and who has
2 not at the time of application been restored to competency by
3 the methods provided by law.
4 (5) Whose name has been submitted under the provisions
5 of section 1518 (relating to reports on mental or physical
6 disabilities or disorders).
7 (6) Who is required by the department to take an
8 examination until the person has successfully passed the
9 examination.
10 (7) WHO IS UNDER 18 YEARS OF AGE EXCEPT IN ACCORDANCE <--
11 WITH SUBSECTIONS (B) AND (C).
12 (7) (8) Who has repeatedly violated any of the <--
13 provisions of this chapter. The department shall provide an
14 opportunity for a hearing upon invoking this paragraph.
15 (b) Minors.--The department shall not issue any driver's <--
16 license to any person who is under the age of 16 years.
17 (B) MINORS COMPLETING TRAINING COURSE.--THE DEPARTMENT MAY <--
18 ISSUE A DRIVER'S LICENSE TO A PERSON 17 YEARS OF AGE WHO:
19 (1) HAS SUCCESSFULLY COMPLETED A DRIVER'S TRAINING
20 COURSE APPROVED BY THE DEPARTMENT; AND
21 (2) HAS NOT BEEN INVOLVED IN ANY ACCIDENT OR COMMITTED
22 ANY OFFENSE OF THE TYPE DESCRIBED IN SUBSECTION (C)(1).
23 (C) JUNIOR DRIVER'S LICENSE.--THE DEPARTMENT MAY ISSUE A
24 JUNIOR DRIVER'S LICENSE TO A PERSON 16 OR 17 YEARS OF AGE UNDER
25 RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT AND SUBJECT TO
26 THE PROVISIONS OF THIS SECTION. A JUNIOR DRIVER'S LICENSE SHALL
27 AUTOMATICALLY BECOME A REGULAR DRIVER'S LICENSE WHEN THE
28 LICENSEE ATTAINS 18 YEARS OF AGE.
29 (1) NO LICENSED JUNIOR DRIVER SHALL DRIVE A VEHICLE UPON
30 A PUBLIC HIGHWAY BETWEEN 12 MIDNIGHT AND 5 A.M. UNLESS
19750H1817B3266 - 99 -
1 ACCOMPANIED BY A SPOUSE 18 YEARS OF AGE OR OLDER, A PARENT OR
2 A PERSON IN LOCO PARENTIS. UPON APPLICATION BY A LICENSED
3 JUNIOR DRIVER CONFORMING TO THE REQUIREMENTS OF SECTION 1507
4 (RELATING TO APPLICATION FOR DRIVER'S LICENSE OR LEARNER'S
5 PERMIT BY MINOR), THE PENNSYLVANIA STATE POLICE MAY ISSUE A
6 WAIVER OF THE PROVISIONS OF THIS PARAGRAPH IF THE DRIVER:
7 (I) IS A MEMBER OF A VOLUNTEER FIRE COMPANY
8 AUTHORIZED BY THE CHIEF TO ENGAGE IN FIGHTING FIRES; OR
9 (II) ESTABLISHES OTHER GOOD REASON, SUCH AS
10 EMPLOYMENT OR PUBLIC OR CHARITABLE SERVICE, TO DRIVE
11 BETWEEN 12 MIDNIGHT AND 5 A.M.
12 (2) IN ADDITION TO THE OTHER PROVISIONS OF THIS TITLE
13 RELATING TO THE SUSPENSION OR REVOCATION OF OPERATING
14 PRIVILEGES, IN THE EVENT THAT A LICENSED JUNIOR DRIVER IS
15 INVOLVED IN AN ACCIDENT FOR WHICH HE IS PARTIALLY OR FULLY
16 RESPONSIBLE IN THE OPINION OF THE DEPARTMENT OR IS CONVICTED
17 OF ANY VIOLATION OF THIS TITLE, THE DEPARTMENT MAY SUSPEND
18 THE OPERATING PRIVILEGES OF SUCH PERSON UNTIL THE PERSON
19 ATTAINS 18 YEARS OF AGE OR FOR A PERIOD OF TIME NOT EXCEEDING
20 90 DAYS.
21 § 1504. Classes of licenses.
22 (a) Proper class of license required.--No person shall drive
23 any motor vehicle upon a highway in this Commonwealth unless the
24 person has a valid driver's license for the type or class of
25 vehicle being driven.
26 (b) Notation of class on license.--The department upon
27 issuing a driver's license shall indicate on the license the
28 type or general class or classes of vehicle or vehicles the
29 licensee may operate in accordance with the provisions of
30 subsection (c).
19750H1817B3266 - 100 -
1 (c) Qualifications of applicants.--The department shall
2 establish by regulation the qualifications necessary for the
3 safe operation of the various types, sizes or combinations of
4 vehicles and the manner of examining applicants to determine
5 their qualifications for the type or general class of license
6 applied for.
7 (d) Number and description of classes.--Licenses issued by
8 the department shall be classified in the following manner:
9 (1) Class 1.--A Class 1 license shall be issued to those
10 persons who have demonstrated their qualifications to operate
11 a single vehicle not in excess of 30,000 pounds registered
12 gross weight or any such vehicle towing a trailer not in
13 excess of 10,000 pounds gross weight. The holder of a Class 1
14 license shall not be deemed qualified to operate buses,
15 school buses or motorcycles unless the license is endorsed as
16 provided in this section.
17 (2) Class 2.--A Class 2 license shall be issued to those
18 persons over 18 years of age who have demonstrated their
19 qualifications to operate a single vehicle of over 30,000
20 pounds registered gross weight or any bus or any such vehicle
21 towing a trailer not in excess of 10,000 pounds gross weight.
22 The holder of a Class 2 license shall be deemed qualified to
23 operate those vehicles for which a Class 1 license is issued,
24 but not school buses or motorcycles unless the license is
25 endorsed as provided in this section.
26 (3) Class 3.--A Class 3 license shall be issued to those
27 persons over 18 years of age who have demonstrated their
28 qualifications to operate a vehicle while in combination with
29 or towing a trailer in excess of 10,000 pounds gross weight.
30 The holder of a Class 3 license shall be deemed qualified to
19750H1817B3266 - 101 -
1 operate those vehicles for which a Class 1 or Class 2 license
2 is issued, but not school buses or motorcycles unless the
3 license is endorsed as provided in this section.
4 (4) Class 4.--Persons who have qualified to operate
5 school buses in accordance with this title and the rules and
6 regulations promulgated and adopted by the department shall
7 have the qualification endorsed on the license as provided in
8 this section.
9 (5) Class 5.--Those persons who have demonstrated their
10 qualifications to operate a motorcycle, shall have that
11 qualification endorsed on one of the basic classes of license
12 described in this section. If a person is qualified only to
13 operate a motorcycle he shall be issued a license with only
14 that qualification endorsed on the license.
15 (6) Class 6.--Those persons who have demonstrated their
16 qualifications to operate a motor-driven cycle or motorized
17 bicycle PEDALCYCLE shall have that qualification endorsed on <--
18 one of the basic classes of license described in this
19 section. If a person is qualified only to operate a motor-
20 driven cycle or motorized bicycle PEDALCYCLE he shall be <--
21 issued a license with only that qualification endorsed on the
22 license.
23 (e) Removal of class from license.--A person with a license
24 endorsed for a class may, upon request, have the endorsement
25 removed by the department without prejudice.
26 § 1505. Learners' permits.
27 (a) General rule.--A person who desires to obtain a driver's
28 license or who desires to be licensed in a class for which the
29 person is not already licensed shall apply to the department for
30 the class or classes of license in which the person desires to
19750H1817B3266 - 102 -
1 be licensed. The department shall issue to each applicant a
2 learner's permit which shall clearly identify the class of
3 license applied for as provided in section 1504 (relating to
4 classes of licenses).
5 (b) Learner must be accompanied.--A learner's permit
6 entitles the person to whom it was issued to drive vehicles and
7 combinations of vehicles of the class or classes specified, but
8 only while the holder of the learner's permit is accompanied by
9 and under the immediate supervision of a person who:
10 (1) is licensed in this Commonwealth to drive vehicles
11 of the class then being driven by the holder of the learner's
12 permit; and
13 (2) is actually occupying a seat beside the holder of
14 the learner's permit unless the vehicle is a motorcycle.
15 (c) Operation of motorcycle.--A motorcycle learner's permit
16 entitles the person to whom it is issued to operate a motorcycle
17 ONLY between sunrise and sunset AND, EXCEPT FOR A DRIVER <--
18 LICENSED TO DRIVE ANOTHER CLASS OF VEHICLE, ONLY while under the
19 instruction and immediate supervision of a licensed motorcycle
20 operator. Motorcycle learners shall not carry any passenger
21 other than an instructor properly licensed to operate a
22 motorcycle.
23 (d) Duration of permit.--A learner's permit shall be valid
24 for a period of 120 days after date of issue, or until the
25 holder of the permit has failed the examination as authorized in
26 section 1508 (relating to examination of applicant for driver's
27 license) three times within the 120-day period.
28 § 1506. Application for driver's license or learner's permit.
29 (a) Form and content.--Every application for a learner's
30 permit or driver's license shall be made upon a form furnished
19750H1817B3266 - 103 -
1 by the department and shall contain such information as the
2 department may require to determine the applicant's identity,
3 competency and eligibility. THE FORM MAY ALSO PROVIDE FOR <--
4 INCLUSION OF PERSONAL MEDICAL INFORMATION AND OTHER INFORMATION
5 OF USE IN AN EMERGENCY WHICH MAY BE FURNISHED BY OPTION BY THE
6 APPLICANT.
7 (b) Signature and certification.--The application shall be
8 signed by the applicant who shall certify that the statements
9 made are true and correct.
10 § 1507. Application for driver's license or learner's permit by
11 minor.
12 (a) Signature of parent or guardian.--The application of any
13 person under the age of 18 years for a learner's permit or
14 driver's license shall also be signed by the father, mother,
15 guardian or person in loco parentis which signature shall be
16 verified before a person authorized to administer oaths or
17 before an authorized department employee.
18 (b) Signature of spouse of married minor.--The application
19 of any married person under the age of 18 years may be signed by
20 the spouse, if the spouse is at least 18 years of age, and
21 verified before a person authorized to administer oaths.
22 (c) Certification of person signing.--Any person signing the
23 application shall certify that the statements made thereon are
24 true and correct to the best of the applicant's knowledge,
25 information and belief and that the person consents to the
26 issuance of the driver's license or learner's permit.
27 (d) Withdrawal of consent.--Any person who has signed the
28 application of a person under the age of 18 years for a driver's
29 license or learner's permit may thereafter file with the
30 department a verified written request that the driver's license
19750H1817B3266 - 104 -
1 or learner's permit of the person be cancelled and the
2 department shall cancel the driver's license or learner's
3 permit.
4 § 1508. Examination of applicant for driver's license.
5 (a) General rule.--Every applicant for a driver's license
6 shall be examined for the type or class of vehicles that the
7 applicant desires to drive. The examination shall include A <--
8 PHYSICAL EXAMINATION, a SCREENING test of the applicant's <--
9 eyesight, AND ability to read and understand official traffic- <--
10 control devices, knowledge of safe driving practices and the
11 traffic laws of this Commonwealth, and shall include an actual
12 demonstration of ability to exercise ordinary and reasonable
13 control in the operation of a motor vehicle of the type or class
14 of vehicles for which the applicant desires a license to drive.
15 The examination may also SHALL include A VISION EXAMINATION BY <--
16 AN OPTOMETRIST OR OPHTHALMOLOGIST AND a AN ADDITIONAL physical <--
17 and EXAMINATION. THE EXAMINATION MAY INCLUDE A mental <--
18 examination if the department finds it necessary to further
19 determine an applicant's MENTAL fitness to operate a motor <--
20 vehicle safely upon the highways.
21 (b) Issuance of license to licensed nonresident.--A driver's
22 license may be issued to a person who has not had a learner's
23 permit but who at the time of application is of sufficient age
24 and has a valid driver's license issued by another state under a
25 law requiring the examination and licensing of drivers,
26 providing that the applicant demonstrates knowledge and
27 understanding of rules of the road and official traffic-control
28 devices AND IS VISUALLY, PHYSICALLY AND MENTALLY FIT. Also, the <--
29 department must be satisfied that the applicant's experience in
30 driving vehicles which may be driven by holders of the classes
19750H1817B3266 - 105 -
1 of licenses sought by the applicant is sufficient to justify the
2 issuance of the license without further behind-the-wheel
3 training.
4 (C) EXAMINATIONS FOR OPERATORS OF CERTAIN EMERGENCY <--
5 VEHICLES.--THE EXAMINERS DESIGNATED BY THE DEPARTMENT SHALL
6 CONDUCT THE EXAMINATION PRESCRIBED IN SUBSECTION (A) FOR THE
7 LICENSING OF OPERATORS OF ANY EMERGENCY VEHICLE WEIGHING IN
8 EXCESS OF 30,000 POUNDS IN THE LOCAL COMMUNITY WHERE SUCH
9 EMERGENCY VEHICLE IS BASED AT A TIME AND PLACE MUTUALLY
10 AGREEABLE TO THE EXAMINERS AND THE PARTICIPATING FIRE COMPANY.
11 § 1509. Qualifications for Class 4 license.
12 (a) School bus driver requirements.--No person shall be
13 issued a Class 4 license unless the person:
14 (1) has successfully completed a course of instruction
15 as provided in subsection (c); and <--
16 (2) has satisfactorily passed an annual physical
17 examination to be given by the physician for the school
18 district by which the person is employed;
19 (3) IS 18 YEARS OF AGE OR OLDER. <--
20 (b) Proof of annual physical AND VISION examination.--Every <--
21 school bus driver shall carry a certificate issued by an
22 examining physician indicating that the person has passed the
23 prescribed physical examination, including an examination of the
24 eyes, within the preceeding 12 months. THE VISION EXAMINATION <--
25 MAY BE MADE BY AN OPTOMETRIST OR OPHTHALMOLOGIST.
26 (c) School bus driver training program.--The department
27 shall establish standards for a basic course and a refresher
28 course for school bus drivers. The courses shall be conducted by
29 school districts or groups of school districts or any State or
30 Federal transportation association of school bus operators
19750H1817B3266 - 106 -
1 designated by the school district on a continuing basis, with
2 the costs and responsibility for completion of the training to
3 be borne by the school district or private or parochial school
4 for which the drivers operate.
5 § 1510. Issuance and content of driver's license.
6 (a) General rule.--The department shall, upon payment of the
7 required fee, AND SUBMISSION OF SATISFACTORY PROOF OF THE <--
8 EXISTENCE OF SECURITY AS REQUIRED BY SECTIONS 104 AND 110 OF THE
9 ACT OF JULY 19, 1974 (P.L.489, NO.176), KNOWN AS THE
10 "PENNSYLVANIA NO-FAULT MOTOR VEHICLE INSURANCE ACT," issue to
11 every qualified applicant a driver's license indicating the type
12 or general class of vehicles the licensee may SHALL drive, which <--
13 license may contain a distinguishing number identifying the
14 licensee, the actual name, date of birth, residence address, a
15 color photograph of the licensee, such other information as may
16 be required by the department, and either a facsimile of the
17 signature of the licensee or a space upon which the licensee
18 shall write his usual signature with pen and ink. At the option <--
19 of the applicant the applicant's social security number may be
20 used as the distinguishing number identifying the licensee. AT <--
21 THE OPTION OF THE APPLICANT, PERSONAL MEDICAL DATA AND OTHER
22 INFORMATION FOR USE IN AN EMERGENCY MAY BE INCLUDED AS A PART OF
23 THE LICENSE. INFORMATION OTHER THAN THAT REQUIRED TO IDENTIFY
24 THE LICENSEE, THE DISTINGUISHING NUMBER AND THE CLASS OF LICENSE
25 ISSUED MAY BE INCLUDED IN MICRO-DATA FORM. No driver's license
26 shall be valid until it has been signed by the licensee.
27 (b) Identification card.--The department shall, upon payment
28 of the required fee, issue an identification card to any person
29 who has made application therefor in such manner as the
30 department shall prescribe. The identification card shall have
19750H1817B3266 - 107 -
1 substantially the same content as a driver's license but shall
2 clearly indicate that it is not a driver's license. Upon failure
3 of any person to pass any examination required under section
4 1514 (relating to expiration and renewal of drivers' licenses),
5 the department shall, where appropriate, issue a complimentary
6 identification card as an expression of gratitude for years of
7 safe driving. The card shall only be issued upon receipt of the
8 person's driver's license.
9 (c) Anatomical donors.--Any person who is registered as an
10 anatomical organ donor and who has in his possession a card
11 issued by the recipient organization may attach the card to the
12 reverse side of his driver's license or identification card in
13 such a way as to permit the removal of this card should the
14 person no longer desire to be designated as an anatomical donor.
15 AT THE OPTION OF THE LICENSEE, INFORMATION CONCERNING REGISTERED <--
16 DONOR STATUS MAY BE INCLUDED AS A PART OF THE PERSON'S PERSONAL
17 MEDICAL DATA.
18 (D) MEDICAL HISTORY RECORD.--ANY PERSON MAY ATTACH TO THE
19 REVERSE SIDE OF HIS DRIVER'S LICENSE OR IDENTIFICATION CARD
20 INFORMATION RELATING TO HIS PERSONAL MEDICAL HISTORY.
21 § 1511. Carrying and exhibiting driver's license on demand.
22 (a) General rule.--Every licensee shall possess a driver's
23 license issued to the licensee at all times when driving a motor
24 vehicle and shall exhibit the license upon demand by a police
25 officer, and when requested by the police officer the licensee
26 shall write the licensee's name in the presence of the officer
27 in order to provide identity.
28 (b) Production to avoid penalty.--No person shall be
29 convicted of violating this section or section 1501(a) (relating
30 to drivers required to be licensed) if the person produces at
19750H1817B3266 - 108 -
1 the office of the issuing authority or the arresting officer
2 within five days a driver's license valid in this Commonwealth
3 at the time of the arrest.
4 § 1512. Restrictions on drivers' licenses.
5 (a) General rule.--The department upon issuing a driver's
6 license shall have authority whenever good cause appears to
7 impose restrictions suitable to the licensee's driving ability
8 with respect to special mechanical control devices required on a
9 motor vehicle which the licensee may operate or such other
10 restrictions applicable to the licensee as the department may
11 determine to be appropriate to assure the safe operation of a
12 motor vehicle by the licensee.
13 (b) Compliance with restrictions.--No person shall operate a
14 motor vehicle in any manner in violation of the restrictions
15 imposed.
16 § 1513. Duplicate and substitute drivers' licenses and
17 learners' permits.
18 (a) General rule.--If a learner's permit or driver's license
19 issued under the provisions of this chapter is mutilated, lost,
20 stolen, destroyed or becomes illegible, the person to whom it
21 was issued, upon furnishing proof satisfactory to the department
22 that the license or permit has been mutilated, lost, stolen,
23 destroyed, or has become illegible, shall obtain a duplicate or
24 substitute license or permit upon payment of the required fee.
25 (b) Return of original.--If a duplicate or substitute
26 learner's permit or driver's license has been issued, any person
27 who finds or otherwise obtains possession of the original shall
28 return the original to the department.
29 § 1514. Expiration and renewal of drivers' licenses.
30 (a) General rule.--Every driver's license shall expire in
19750H1817B3266 - 109 -
1 the month of the licensee's birthdate at intervals of not more
2 than four years as may be determined by the department. Every
3 license shall be renewable on or before its expiration upon
4 application, payment of the required fee, and satisfactory
5 completion of any examination required or authorized by this
6 chapter.
7 (b) Examination of applicants for renewal.--The department
8 may require persons applying for renewal of a driver's license
9 to take and successfully pass a physical examination OR A VISION <--
10 EXAMINATION BY AN OPTOMETRIST OR OPHTHALMOLOGIST, OR BOTH
11 EXAMINATIONS, if the department has reason to believe, either
12 based on knowledge of the person or on statistical inference,
13 that the person may be a traffic safety hazard. The department
14 may require the applicant to take and successfully pass such
15 additional tests as the department may find reasonably necessary
16 to determine the applicant's qualification according to the type
17 or general class of license applied for and such examination may
18 include any or all of the other tests required or authorized
19 upon original application by section 1508 (relating to
20 examination of applicant for driver's license). Upon refusal or
21 neglect of the person to submit to the examination, the driver's
22 license shall not be renewed until such time as the examination
23 is successfully completed.
24 (c) Reexamination requested by court.--The department shall
25 reexamine any person when requested to do so by a court. Upon
26 the conclusion of such examination, the department may take any
27 of the actions described in subsection (b) and shall report its
28 findings and action to the court if such report is requested.
29 (d) Military personnel and dependents.--Notwithstanding
30 subsection (a), a driver's license held by any person who enters
19750H1817B3266 - 110 -
1 or is on active service in the armed forces of the United States
2 or the spouse or dependent child of the member of the armed
3 forces who resides with such person shall continue in full force
4 and effect so long as the active service continues and the
5 person is absent from this Commonwealth, and for a further
6 period of 45 days following the date of the person's discharge
7 or separation from active service or return to this
8 Commonwealth, unless the driver's license is sooner suspended,
9 cancelled or revoked for cause according to law. A driver's
10 license which otherwise would have expired under subsection (a)
11 shall be valid only if the licensee has in immediate possession,
12 together with the driver's license, papers indicating actual
13 service outside this Commonwealth, or discharge or separation,
14 as the case may be, or proof thereof if a spouse or child.
15 § 1515. Notice of change of name or address.
16 Whenever any person after applying for or receiving a
17 driver's license moves from the address named in the application
18 or in the driver's license issued or when the name of a licensee
19 is changed such person shall, within 15 days thereafter, notify
20 the department in writing of the old and new addresses or of
21 such former and new names and of the number of any license then
22 held by the person.
23 § 1516. Department records.
24 (a) Applications, suspensions and revocations.--The
25 department shall file every application for a license received
26 by it and shall maintain suitable records containing:
27 (1) All applications denied and the reasons for denial.
28 (2) All applications granted.
29 (3) The name of every licensee whose license has been
30 suspended or revoked by the department and the reasons for
19750H1817B3266 - 111 -
1 such action.
2 (4) THE MANNER BY WHICH THE EXISTENCE OF SECURITY AS <--
3 REQUIRED BY SECTION 1510 (RELATING TO ISSUANCE AND CONTENT OF
4 DRIVER'S LICENSE) WAS PROVED AND THE NAME OF THE INSURANCE
5 CARRIER UNLESS THE APPLICANT IS SELF-INSURED.
6 (b) Accidents and convictions.--The department shall file
7 all accident reports and abstracts of court records of
8 convictions received by it under the laws of this Commonwealth
9 and maintain actual or facsimile records or make suitable
10 notations in order that the records of each licensee showing
11 convictions of the licensee, ANY DEPARTMENTAL ACTION INITIATED <--
12 AGAINST THE LICENSEE REGARDING A REPORTABLE ACCIDENT IN WHICH
13 THE LICENSEE WAS INVOLVED, and the traffic accidents shall be
14 available for official use. These records shall also be made
15 available to the courts for sentencing purposes.
16 (c) Dismissal of charges for violations.--If a charge for
17 violation of any of the provisions of this title against any
18 person is dismissed by any court of competent jurisdiction, no
19 record of the charge and dismissal shall be included in the
20 driving record of the person.
21 (d) Updating driving record.--Drivers wishing to have their
22 record reviewed by the department may make such a request in
23 order that the record be brought up to date.
24 (e) Availability of records.--Every application for the
25 renewal of a license shall present the question of whether or
26 not the applicant authorizes the department to disclose his
27 personal records to the applicant's insurer, EMPLOYER OR ITS <--
28 AUTHORIZED AGENT OR REPRESENTATIVE. No such records shall be
29 made available to the insurer, EMPLOYER OR ITS AUTHORIZED AGENT <--
30 OR REPRESENTATIVE without the applicant's authorization.
19750H1817B3266 - 112 -
1 § 1517. Medical advisory board.
2 (a) Membership.--There shall be a medical advisory board
3 consisting of 13 members appointed by the secretary. The board
4 shall be composed of an authorized representative from the
5 Department of Transportation, Department of Justice, Governor's
6 Council on Drug and Alcohol Abuse, Department of Health,
7 Pennsylvania State Police and professionals as follows: One
8 neurologist, one doctor of cardiovascular disease, one doctor of
9 internal medicine, one general practitioner, one
10 ophthalmologist, one psychiatrist, one orthopedic surgeon and
11 one optometrist.
12 (b) Formulation of regulations.--The board shall formulate
13 rules and regulations for adoption by the department on physical
14 and mental criteria including vision standards relating to the
15 licensing of drivers under the provisions of this chapter.
16 § 1518. Reports on mental or physical disabilities or
17 disorders.
18 (a) Definition of disorders and disabilities.--The medical
19 advisory board shall define disorders characterized by lapses of
20 consciousness or other mental or physical disabilities affecting
21 the ability of a person to drive safely for the purpose of the
22 reports required by this section.
23 (b) Reports by medical personnel.--All physicians and other
24 persons authorized to diagnose or treat disorders and
25 disabilities defined by the medical advisory board shall report
26 to the department, in writing, the full name, date of birth and
27 address of every person over 15 years of age diagnosed as having
28 any specified disorder or disability within ten days.
29 (c) Responsibility of institution heads.--The person in
30 charge of every mental hospital, institution or clinic, or any
19750H1817B3266 - 113 -
1 alcohol or drug treatment facility, shall be responsible to
2 assure that reports are filed in accordance with subsection (b).
3 (d) Confidentiality of reports.--The reports required by
4 this section shall be confidential and shall be used solely for
5 the purpose of determining the qualifications of any person to
6 drive a motor vehicle on the highways of this Commonwealth.
7 (e) Use of report as evidence.--No report forwarded under
8 the provisions of this section shall be used as evidence in any
9 civil or criminal trial except in any proceeding under section
10 1519(c) (relating to determination of incompetency).
11 (f) Immunity from civil and criminal liability.--No civil or
12 criminal action may be brought against any person or agency for
13 providing the information required under this system.
14 § 1519. Determination of incompetency.
15 (a) General rule.--The department, having cause to believe
16 that a licensed driver or applicant may not be physically or
17 mentally qualified to be licensed, may obtain the advice of a
18 physician who shall cause an examination to be made or who shall
19 designate any other qualified physician. The licensed driver or
20 applicant may cause a written report to be forwarded to the
21 department by a physician of the driver's or applicant's choice.
22 VISION QUALIFICATIONS SHALL BE DETERMINED BY AN OPTOMETRIST OR <--
23 OPHTHALMOLOGIST. The department shall appoint one or more
24 qualified persons who shall consider all medical reports and
25 testimony and determine the competency of the driver or the
26 applicant to drive.
27 (b) Confidentiality of reports and evidence.--Reports
28 received by the department for the purpose of assisting the
29 department in determining whether a person is qualified to be
30 licensed are for the confidential use of the department and may
19750H1817B3266 - 114 -
1 not be divulged to any person or used as evidence in any trial
2 except that the reports may be admitted in proceedings under
3 subsection (c) and any physician OR OPTOMETRIST conducting an <--
4 examination pursuant to subsection (a) may be compelled to
5 testify concerning observations and findings in such
6 proceedings. The party calling the physician OR OPTOMETRIST as <--
7 an expert witness shall be obliged to pay the reasonable fee for
8 such testimony.
9 (c) Recall of operating privilege.--The department shall
10 recall the operating privilege of any person whose incompetency
11 has been established under the provisions of this chapter. The
12 recall shall be for an indefinite period until satisfactory
13 evidence is presented to the department in accordance with
14 regulations to establish that such person is competent to drive
15 a motor vehicle. Any person aggrieved by recall of the operating
16 privilege may appeal to the court of common pleas in the manner
17 provided in section 1553 (relating to judicial review).
18 SUBCHAPTER B
19 COMPREHENSIVE SYSTEM FOR DRIVER EDUCATION
20 AND CONTROL
21 Sec.
22 1531. Administration of system by department.
23 1532. Revocation of operating privilege.
24 1533. Suspension of operating privilege for failure to respond
25 to citation.
26 1534. Suspension of operating privilege upon NOTICE OF <--
27 acceptance of Accelerative Rehabilitative Disposition.
28 1535. Schedule of convictions and points.
29 1536. Notice of assignment of points.
30 1537. Removal of points.
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1 1538. School, examination or hearing on
2 accumulation of points or excessive speeding.
3 1539. Suspension of operating privilege on accumulation of
4 points.
5 1540. Surrender of license.
6 1541. Period of revocation or suspension of operating
7 privilege.
8 1542. Revocation of habitual offender's license.
9 1543. Driving while operating privilege is suspended or
10 revoked.
11 1544. Assignment of points for conviction in another state.
12 1545. Additional period of revocation or suspension.
13 1546. Restoration of operating privilege.
14 1547. Suspension or revocation of nonresident's operating
15 privilege.
16 1548. Suspension or revocation for conviction in another state.
17 1549. Chemical test to determine amount of alcohol.
18 1550. Post conviction examination for driving under influence.
19 1551. LIMITED DRIVER'S LICENSE. <--
20 1551 1552. Establishment of schools. <--
21 1552 1553. Judicial review. <--
22 1553 1554. Notice of suspension of licenses or permits. <--
23 § 1531. Administration of system by department.
24 The department shall administer an integrated system LIMITED <--
25 TO THE AUTHORITY GRANTED TO THE DEPARTMENT IN THIS TITLE for
26 revocation and suspension of operating privileges and for driver
27 education, testing and control and for this purpose shall
28 maintain a record as to every driver of convictions of offenses
29 set forth in this title and such other convictions and offenses
30 as are punishable by suspension or revocation under this title.
19750H1817B3266 - 116 -
1 § 1532. Revocation of operating privilege.
2 (a) One year revocation.--The EXCEPT AS PROVIDED IN <--
3 SUBSECTION (C), THE department shall revoke the operating
4 privilege of any person for one year upon receiving a certified
5 record of the driver's conviction of any of the following
6 offenses:
7 (1) Homicide by vehicle as required by DEFINED IN <--
8 section 3733 (relating to homicide by vehicle).
9 (2) Any felony under this title or any felony in the
10 commission of which a court determines that a motor vehicle
11 was essentially involved.
12 (3) Failure to stop, render aid or identify himself as
13 required by section 3742 (relating to accidents involving
14 death or personal injury) in the event of a motor vehicle
15 accident resulting in the death or personal injury of
16 another.
17 (4) Driving under the influence of alcohol or controlled <--
18 substance if the chemical analysis of the person's breath or
19 blood shows that the amount of alcohol by weight in the blood
20 of the person tested is 0.15% or more.
21 (b) Six month revocation.--The department shall revoke the
22 operating privilege of any person for six months upon receiving
23 a certified record of the driver's conviction of any misdemeanor
24 under this title except as otherwise provided in subsection (a)
25 or of a summary offense under section 3367 (relating to racing
26 on highways), 3731 (relating to reckless driving), 3734
27 (relating to fleeing or attempting to elude police officer) or
28 3735 (relating to driving without lights to avoid identification
29 or arrest). This subsection does not effect an additional period
30 of revocation of the operating privileges of a driver who
19750H1817B3266 - 117 -
1 receives an additional period of revocation for a second or
2 subsequent violation of section 1543 (relating to driving while
3 operating privilege is suspended or revoked).
4 (C) NINETY-DAY REVOCATION.--THE DEPARTMENT SHALL REVOKE THE <--
5 OPERATING PRIVILEGE OF ANY PERSON FOR 90 DAYS FOR DRIVING UNDER
6 THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE WHEN THE
7 DEPARTMENT RECEIVES CERTIFICATION THAT THE PERSON IS OFFERED AND
8 ACCEPTS ACCELERATIVE REHABILITATIVE DISPOSITION AND SUCCESSFULLY
9 COMPLETES THE COURSE SET FORTH IN SECTION 1551(B) (RELATING TO
10 COURSE OF INSTRUCTION ON ALCOHOL AND DRIVING).
11 § 1533. Suspension of operating privilege for failure to
12 respond to citation.
13 The department shall suspend the operating privilege of any
14 person who has failed to respond to a citation to appear before
15 a court of competent jurisdiction of this Commonwealth or of any
16 state for violation of this title, other than parking, upon
17 being duly notified as provided by law. IN ACCORDANCE WITH THE <--
18 PENNSYLVANIA RULES OF CIVIL AND CRIMINAL PROCEDURE. THERE SHALL
19 BE 15 DAYS TO RESPOND TO SUCH NOTIFICATION BEFORE SUSPENSION IS
20 IMPOSED. The suspension shall be for an indefinite period until
21 such person shall respond and pay any fines and penalties
22 imposed. Such suspension shall be in addition to the requirement
23 of withholding renewal or reinstatement of a violator's driver's
24 license as prescribed in section 1503(c) (relating to persons
25 ineligible for licensing).
26 § 1534. Suspension of operating privilege upon NOTICE OF <--
27 acceptance of Accelerative Rehabilitative Disposition.
28 The department shall suspend the operating privilege of any <--
29 person:
30 (1) for one year if the person was IF A PERSON IS <--
19750H1817B3266 - 118 -
1 arrested for any offense enumerated in section 1532(a) 1532 <--
2 (relating to revocation of operating privilege) and was IS <--
3 offered and accepted ACCEPTS Accelerative Rehabilitative <--
4 Disposition under the Pennsylvania Rules of Criminal
5 Procedure; or , THE COURT SHALL PROMPTLY NOTIFY THE <--
6 DEPARTMENT.
7 (2) for six months if the person was arrested for any <--
8 misdemeanor under this title and was offered and accepted
9 Accelerative Rehabilitative Disposition under the
10 Pennsylvania Rules of Criminal Procedure.
11 § 1535. Schedule of convictions and points.
12 (a) General rule.--A point system for driver education and
13 control is hereby established which is related to other
14 provisions for use, suspension and revocation of the operating
15 privilege as specified under this title. Every driver licensed
16 in this Commonwealth who is convicted of any of the following
17 offenses shall be assessed points as of the date of violation in
18 accordance with the following schedule:
19 Section Number Offense Points
20 1512 Violation of restriction on
21 driver's license. 2
22 1571 Violations concerning licenses. 3
23 3102 Failure to obey policeman or
24 authorized person. 2
25 3112(a)(3)(i) Failure to stop for a red light. 3
26 3114(a)(1) Failure to stop for a flashing
27 red light. 3
28 3302 Failure to yield half of roadway
29 to oncoming vehicle. 3
30 3303 Improper passing. 3
19750H1817B3266 - 119 -
1 3304 Other improper passing. 3
2 3305 Other improper passing. 3
3 3306(a)(1) Other improper passing. 4
4 3306(a)(2) Other improper passing. 3
5 3306(a)(3) Other improper passing. 3
6 3307 Other improper passing. 3
7 3310 Following too closely. 3
8 3321 Failure to yield to driver on the
9 right at intersection. 3
10 3322 Failure to yield to oncoming driver
11 when making left turn. 3
12 3323(b) Failure to stop for stop signs. 3
13 3324 Failure to yield when entering or
14 crossing roadway between intersections. 3
15 3332 Improper turning around. 3
16 3341 Failure to stop for flashing red
17 lights or gate at railroad crossing. 3
18 3344 Failure to stop when entering from
19 alley, driveway or building. 3
20 3345(a) Failure to stop for school bus
21 with flashing red lights. 5
22 (and 30 days suspension)
23 3361 Driving too fast for conditions. 4
24 3362 Exceeding maximum speed.--Over Limit:
25 6-10 2
26 11-15 3
27 16-25 4
28 26-30 5
29 31-over 5
30 (and departmental hearing) <--
19750H1817B3266 - 120 -
1 (AND SANCTIONS PROVIDED UNDER <--
2 SECTION 1538(B))
3 3365(b) Exceeding special speed limit
4 in school zones. 3
5 3365(c) Exceeding special speed limit
6 for trucks on downgrades. 3
7 3542(a) Failure to yield to pedestrians in
8 crosswalk. 2
9 3547 Failure to yield to pedestrian on
10 sidewalk. 3
11 3549(a) Failure to yield to blind pedestrian. 3
12 3702 Improper backing. 3
13 3745 Leaving scene of accident involving
14 property damage only. 4
15 (b) Multiple offenses from same act.--If a driver is
16 convicted of two or more offenses as a result of the same act,
17 points shall be assessed only for the offense for which the
18 greatest number of points may be assessed.
19 (C) NO POINTS AFTER SIX MONTHS.--THE DEPARTMENT SHALL ASSIGN <--
20 POINTS TO THE RECORD OF ANY PERSON WITHIN SIX MONTHS FROM THE
21 DATE OF A CONVICTION. ANY POINTS ASSIGNED AFTER SUCH SIX-MONTH
22 PERIOD SHALL BE NULL AND VOID.
23 § 1536. Notice of assignment of points.
24 (A) NOTICE ON CITATION FORM.--EVERY CITATION ISSUED FOR A <--
25 VIOLATION FOR WHICH POINTS ARE ASSIGNED PURSUANT TO SECTION 1535
26 (RELATING TO SCHEDULE OF CONVICTIONS AND POINTS) SHALL HAVE
27 PRINTED IN DARK LETTERING IN A PROMINENT PLACE ON THE CITATION
28 "WARNING: POINTS WILL BE ASSIGNED UPON CONVICTION". ANY CITATION
29 FOR A NON-POINT VIOLATION SHALL BE VOID IF ISSUED ON A CITATION
30 FORM WHICH MISTAKENLY LEADS THE VIOLATOR TO BELIEVE A POINT
19750H1817B3266 - 121 -
1 VIOLATION IS INVOLVED.
2 (B) NOTICE BY POLICE OFFICER.--THE POLICE OFFICER ISSUING
3 THE CITATION SHALL ALSO GIVE WRITTEN AND ORAL WARNING AT THE
4 TIME OF ISSUANCE. A WRITTEN ACKNOWLEDGMENT FROM THE VIOLATOR
5 PROVING AWARENESS OF POINT VIOLATION CITATION MUST BE SECURED
6 FROM THE VIOLATOR. A SCHEDULE OF POINT VIOLATIONS SHALL BE GIVEN
7 TO A VIOLATOR WHEN A POINT VIOLATION CITATION IS ISSUED. FAILURE
8 TO PROVIDE THIS INFORMATION AT THE TIME OF ISSUING THE CITATION
9 SHALL VOID THE CITATION.
10 (C) PROOF OF NOTICE BEFORE CONVICTION.--NO MEMBER OF THE
11 MINOR JUDICIARY SHALL ACCEPT A PLEA OF GUILTY BY PAYMENT OF THE
12 FINE UNTIL HE IS IN POSSESSION OF WRITTEN EVIDENCE THAT THE
13 VIOLATOR HAS BEEN PROPERLY WARNED AND HAS ACKNOWLEDGED AWARENESS
14 THAT POINTS WILL BE ASSIGNED. ANY PERSON CONVICTED WITHOUT PROOF
15 OF PROPER WARNING IN VIOLATION OF SUBSECTIONS (A) AND (B) AND
16 THIS SUBSECTION SHALL HAVE ANY FINES AND COSTS RETURNED TO HIM
17 AND NO POINTS SHALL BE ASSIGNED.
18 (D) NOTICE BY DEPARTMENT.--Whenever points are assigned to a
19 driver's record, the department shall send to that person at his
20 last known address a letter of notice pointing out the fact and
21 emphasizing the nature and effects of the point system. Failure
22 to receive such letter shall not prevent the suspension of the
23 operating privilege pursuant to this subchapter.
24 § 1537. Removal of points.
25 (a) General rule.--Points recorded against any person shall
26 be removed at the rate of three points for each 12 consecutive
27 months in which such person has not committed any violation
28 which results in the assignment of points or in suspension or
29 revocation under this chapter. Removal of points is governed by
30 the date of violation.
19750H1817B3266 - 122 -
1 (b) Subsequent accumulation of points.--When a driver's
2 record is reduced to zero points and is maintained at zero
3 points for 12 consecutive months, any accumulation of points
4 thereafter shall be regarded as an initial accumulation of
5 points.
6 § 1538. School, examination or hearing
7 on accumulation of points or excessive speeding.
8 (a) Initial accumulation of six points.--When any person's
9 record for the first time shows as many as six points, the
10 department shall require the person to attend an approved driver
11 improvement school or undergo a special examination and shall so
12 notify the person in writing. Upon satisfactory attendance and
13 completion of the course or upon passing the special
14 examination, two points shall be removed from the person's
15 record. Failure to attend and satisfactorily complete the
16 requirements of driver improvement school shall result in the
17 suspension of such person's operating privilege for 60 days.
18 Failure to pass the examination shall result in the suspension
19 of the operating privilege until the examination has been
20 satisfactorily completed.
21 (b) Second accumulation of six points.--When any person's
22 record has been reduced below six points and for the second time
23 shows as many as six points or when any person is convicted of
24 driving 31 miles per hour or more in excess of the speed limit,
25 the department shall require the person to attend a departmental
26 hearing. The hearing examiner may recommend that the person: ONE <--
27 OR MORE OF THE FOLLOWING:
28 (1) THAT THE PERSON be required to attend a driver <--
29 improvement school.
30 (2) THAT THE PERSON undergo an examination as provided <--
19750H1817B3266 - 123 -
1 for in section 1508 (relating to examination of applicant for
2 driver's license); or. <--
3 (3) THAT THE PERSON have his driver's license suspended <--
4 for a period not exceeding 15 days.
5 The department may effect or modify the recommendation but may
6 not increase any suspension beyond 15 days. Upon compliance with
7 the order of the department, two points shall be removed from
8 the person's record. Failure to attend the hearing or to attend
9 and satisfactorily complete the requirements of a driver
10 improvement school shall result in the suspension of such
11 person's operating privilege for 60 days. Failure to pass an
12 examination shall result in the suspension of such person's
13 operating privilege until the examination has been
14 satisfactorily completed.
15 (c) Subsequent accumulations of six points.--When any
16 person's record has been reduced below six points and for the
17 third or subsequent time shows as many as six points, the
18 department shall require the driver to attend a departmental
19 hearing to determine whether the person's operating privilege
20 should be suspended for a period not to exceed 30 days. Failure
21 to attend the hearing or to comply with the requirements of the
22 findings of the department shall result in the suspension of the
23 operating privilege until the person has complied.
24 (d) Accumulation of eleven points.--When any person's record
25 shows an accumulation of 11 points prior to completing any
26 requirement of this section, the department shall suspend the
27 operating privilege of the person in accordance with section
28 1539 (relating to suspension of operating privilege on
29 accumulation of points).
30 § 1539. Suspension of operating privilege on accumulation of
19750H1817B3266 - 124 -
1 points.
2 (a) General rule.--When any person's record shows an
3 accumulation of 11 points or more, the department shall suspend
4 the operating privilege of the person as provided in subsection
5 (b).
6 (b) Duration of suspension.--The first suspension shall be
7 for a period of 5 days for each point, the second suspension
8 shall be for a period of 10 days for each point, the third
9 suspension shall be for a period of 15 days for each point and
10 any subsequent suspension shall be for a period of one year.
11 (c) Determination of subsequent suspensions.--Every
12 suspension and revocation under any provision of this subchapter
13 shall be counted in determining whether a suspension is a
14 second, third or subsequent suspension. ACCEPTANCE OF <--
15 ACCELERATIVE REHABILITATIVE DISPOSITION FOR AN OFFENSE
16 ENUMERATED IN SECTION 1532 (RELATING TO REVOCATION OF OPERATING
17 PRIVILEGE) SHALL BE CONSIDERED A SUSPENSION IN MAKING SUCH
18 DETERMINATION.
19 (d) Section not exclusive.--Suspension under this section is
20 in addition to any suspension mandated under section 1535
21 (relating to schedule of convictions and points).
22 § 1540. Surrender of license.
23 (a) Surrender to court.--Upon a conviction for any offense <--
24 which calls for mandatory revocation in accordance with section
25 1532 (relating to revocation of operating privilege) or upon
26 offer and acceptance of Accelerative Rehabilitative Disposition
27 under section 1534 (relating to suspension of operating
28 privilege upon acceptance of Accelerative Rehabilitative
29 Disposition), the court or the district attorney shall require
30 the surrender of any driver's license then held by the defendant
19750H1817B3266 - 125 -
1 and shall forward the driver's license together with a record of
2 the conviction or Accelerative or Rehabilitative Disposition to
3 the department.
4 (b) Surrender to department.--Upon the suspension of the
5 operating privilege of any person by the department, the
6 department shall forthwith notify the person in writing to
7 surrender his driver's license to the department for the term of
8 suspension.
9 § 1541. Period of revocation or suspension of operating
10 privilege.
11 (a) Commencement of period.--The period of revocation or
12 suspension of the operating privilege shall commence on the date
13 on which the driver's license was surrendered to and received by
14 the court or the department, as the case may be. The period of
15 revocation or suspension of a nonresident licensed driver or an
16 unlicensed driver shall commence on the date of conviction, or
17 in the case of a revocation or suspension without a conviction,
18 on a date determined by the department in accordance with its
19 regulations. The department may, upon request of the person
20 whose license is suspended, delay the commencement of the period
21 of suspension for a period not exceeding six months whenever the
22 department determines that failure to grant the extension will
23 result in hardship to the person whose license has been
24 suspended.
25 (b) Eligibility for restoration of operating privilege.--Any
26 person whose operating privilege has been revoked or suspended
27 shall not be eligible for the restoration of the operating
28 privilege until the expiration of the period of revocation or
29 suspension.
30 (c) Restoration of revoked operating privilege.--Any person
19750H1817B3266 - 126 -
1 whose operating privilege has been revoked is not entitled to
2 automatic restoration of the operating privilege. Such person
3 may apply for a license if permitted under the provisions of
4 this chapter and shall be issued a learner's permit under
5 section 1505 (relating to learners' permits) upon expiration of
6 the revocation.
7 § 1542. Revocation of habitual offender's license.
8 (a) Powers of revocation.--The department shall revoke the
9 operating privilege of any person found to be a habitual
10 offender pursuant to the provisions of this section. A "habitual
11 offender" shall be any person whose driving record, as
12 maintained in the department, shows that such person has
13 accumulated the requisite number of convictions for the separate
14 and distinct offenses described and enumerated in subsection (b)
15 committed after the effective date, of this title and within any
16 period of five years thereafter.
17 (b) Offenses enumerated.--Three or more convictions arising <--
18 from separate acts of any one or more of the following offenses
19 committed either singularly or in combination by any person
20 shall result in such person being designated as a habitual
21 offender:
22 (1) Any offense designated as a serious traffic offense
23 in Subchapter B of Chapter 37 (relating to serious traffic
24 offenses).
25 (2) Operating any vehicle while his operator's license
26 or learner's permit is suspended or revoked or while his
27 privilege to apply for an operator's license or learner's
28 permit is suspended and before such operating privilege or
29 right to apply for an operator's license or learner's permit
30 has been reinstated.
19750H1817B3266 - 127 -
1 (3) Any crime punishable as a felony under this title or
2 any other felony in the commission of which any vehicle is
3 either used or operated.
4 (4) Failure to stop and render assistance or disclose
5 his identity as required by Subchapter C of Chapter 37
6 (RELATING TO ACCIDENTS AND ACCIDENT REPORTS) in the event of <--
7 an accident resulting in injury or death to any person or
8 damage to property.
9 (5) Making use of or operating any vehicle or tractor <--
10 without the knowledge or consent of the owner or custodian
11 thereof.
12 (6) Operating any vehicle or tractor upon the highways <--
13 of this Commonwealth after its registration has been
14 suspended by the department.
15 (7) Operating any vehicle in a speed contest, including
16 those commonly known as drag races, in violation of section
17 3367 (relating to racing on highways).
18 (8) Utilizing a vehicle in the unlawful transportation
19 or unlawful sale of any narcotic or habit producing drug. <--
20 ALCOHOL OR ANY CONTROLLED SUBSTANCE. <--
21 (C) ACCELERATIVE REHABILITATIVE DISPOSITION AS AN OFFENSE.--
22 ACCEPTANCE OF ACCELERATIVE REHABILITATIVE DISPOSITION FOR ANY
23 OFFENSE ENUMERATED IN SUBSECTION (B) SHALL BE CONSIDERED AN
24 OFFENSE FOR THE PURPOSES OF THIS SECTION.
25 (c) (D) Period of revocation.--The operating privilege of <--
26 any person found to be a habitual offender under the provisions
27 of this section shall be revoked by the department for a period
28 of five years.
29 (E) ADDITIONAL OFFENSES.--ANY ADDITIONAL OFFENSE COMMITTED <--
30 WITHIN A PERIOD OF FIVE YEARS SHALL RESULT IN A REVOCATION FOR
19750H1817B3266 - 128 -
1 AN ADDITIONAL PERIOD OF TWO YEARS.
2 § 1543. Driving while operating privilege is
3 suspended or revoked.
4 (a) Offense defined.--Any person who drives a motor vehicle
5 on any highway of this Commonwealth at a time when the operating
6 privilege is suspended, revoked or recalled is guilty of a
7 summary offense and shall, upon conviction, be sentenced to pay
8 a fine of $200.
9 (b) Extending existing suspension or revocation.--The
10 department, upon receiving a certified record of the conviction
11 of any person under this section upon a charge of driving a
12 vehicle while the operating privilege was suspended, shall
13 revoke such privilege for an additional period of six months.
14 from the date the person would otherwise have been eligible to <--
15 be restored. If the conviction was upon a charge of driving
16 while the operating privilege was revoked, the department shall
17 extend the revocation REVOKE THE OPERATING PRIVILEGE for an <--
18 additional period of one year. from the date the person would <--
19 otherwise have been entitled to apply for such privilege.
20 § 1544. Assignment of points for conviction in another
21 state.
22 (a) General rule.--In the case of a conviction in another
23 state and if a reciprocity agreement exists with the state as
24 provided in Subchapter C of Chapter 61 (relating to
25 reciprocity), the department shall MAY assign points when the <--
26 conviction, if committed in this Commonwealth, would result in
27 the assignment of points to the person's record.
28 (b) Hearing.--Upon receipt of notice of assignment of points
29 under this section, the person may request a hearing and the
30 department shall hold a hearing to determine if the assignment
19750H1817B3266 - 129 -
1 of points would constitute an injustice. The request for hearing
2 shall operate as a supersedeas.
3 § 1545. Additional period of revocation or suspension.
4 (a) Additional point accumulation.--When any person's record
5 shows an accumulation of additional points during a period of
6 suspension or revocation, the department shall extend the
7 existing period of suspension or revocation at the rate of five
8 days for each additional point and the person shall be so
9 notified in writing.
10 (b) Additional suspension.--When any person's record shows
11 an additional suspension of the operating privilege assessed
12 during a period of suspension or revocation, the department
13 shall extend the existing period of suspension or revocation for
14 the appropriate period and the person shall be so notified in
15 writing.
16 (c) Revocation during suspension.--When any person's record
17 shows an additional conviction calling for revocation of the
18 operating privilege during a period of suspension, the
19 department shall add the appropriate revocation onto the period
20 of suspension and the person shall be so notified in writing.
21 (d) Revocation during revocation.--When any person's record
22 shows a conviction calling for revocation of the operating
23 privilege during a period of revocation, the department shall
24 extend the existing period of revocation for the appropriate
25 period and the person shall be so notified in writing.
26 § 1546. Restoration of operating privilege.
27 Upon the restoration of any person's operating privilege
28 which has been suspended or revoked pursuant to this subchapter,
29 such person's record shall show five points, except that any
30 additional points assessed against the person since the date of
19750H1817B3266 - 130 -
1 the last violation resulting in the suspension or revocation
2 shall be added to such five points unless the person has served
3 an additional period of suspension or revocation pursuant to
4 section 1545(a) (relating to additional period of revocation or
5 suspension).
6 § 1547. Suspension or revocation of nonresident's
7 operating privilege.
8 (a) General rule.--The privilege of driving a motor vehicle
9 on the highways of this Commonwealth given to a nonresident
10 shall be subject to suspension or revocation by the department
11 in like manner and for like cause as a resident's operating
12 privilege.
13 (b) Transmitting conviction record to state of residence.--
14 The department shall, upon receiving a record of the conviction
15 in this Commonwealth of a nonresident driver of a motor vehicle
16 of any offense, forward a certified copy of the record to the
17 motor vehicle administrator in the state wherein the person so
18 convicted is a resident if there is a reciprocity agreement with
19 the other state.
20 (c) Transmitting department action to state of residence.--
21 When a nonresident's operating privilege is suspended or
22 revoked, the department shall forward a certified copy of the
23 record of such action to the motor vehicle administrator in the
24 state wherein such person resides if there is a reciprocity
25 agreement with the other state.
26 § 1548. Suspension or revocation for conviction in
27 another state.
28 (a) General rule.--The department shall suspend or revoke
29 the operating privilege of any resident of this Commonwealth or
30 the privilege of a nonresident to drive a motor vehicle in this
19750H1817B3266 - 131 -
1 Commonwealth upon receiving notice of the conviction AS A RESULT <--
2 OF A STATE POLICE OFFICER ARREST of the person in another state
3 of an offense which, if committed in this Commonwealth, would be
4 ground for a suspension or revocation of the operating privilege
5 if there is a reciprocity agreement with the other state.
6 (b) Hearing.--Upon receipt of notice of suspension or
7 revocation under this section, the person may request a hearing
8 and the department shall hold a hearing to determine if the
9 suspension or revocation of his operating privilege would
10 constitute an injustice. The request for a hearing shall operate
11 as a supersedeas.
12 § 1549. Chemical test to determine amount of alcohol.
13 (a) General rule.--Any person who operates a motor vehicle
14 in this Commonwealth shall be deemed to have given consent to a
15 chemical test of breath or blood for the purpose of determining
16 the alcoholic content of blood if a police officer shall have
17 reasonable grounds to believe the person to have been driving a
18 motor vehicle while under the influence of alcohol. The test
19 shall be administered by qualified personnel and with equipment
20 approved by the department. Qualified personnel means a
21 physician or a technician acting under the physician's direction
22 or a police officer who has fulfilled the training requirements
23 in the use of such equipment in a training program approved by
24 the department.
25 (b) Suspension for refusal.--If any person PLACED UNDER <--
26 ARREST FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL is requested
27 to submit to a chemical test and refuses to do so, the test
28 shall not be given but upon notice by the police officer, the
29 department may SHALL suspend the operating privilege of the <--
30 person for a period of six months ONE YEAR. It shall be the duty <--
19750H1817B3266 - 132 -
1 of the police officer to inform the person that the person's
2 operating privilege may WILL be suspended if such person refuses <--
3 to submit to a chemical test. Any person whose operating
4 privilege is suspended under the provisions of this section
5 shall have the same right of appeal as provided for in cases of
6 suspension for other reasons.
7 (c) Test results admissible in evidence.--In any summary
8 proceeding or criminal proceeding in which the defendant is
9 charged with driving a motor vehicle while under the influence
10 of alcohol, the amount of alcohol in the defendant's blood, as
11 shown by a chemical analysis of his breath or blood, which
12 analysis was conducted with equipment approved by the department
13 and operated by qualified personnel, shall be admissible in
14 evidence.
15 (d) Presumptions from amount of alcohol.--If chemical
16 analysis of a person's breath or blood shows:
17 (1) that the amount of alcohol by weight in the blood of
18 the person tested is 0.05% or less, it shall be presumed that
19 the person tested was not under influence of alcohol and the
20 person shall not be charged with any violation under section
21 3732(a)(1) or (2) (relating to driving under influence of
22 alcohol or controlled substance), or if the person was so
23 charged prior to the test, the charge shall be void ab
24 initio; or
25 (2) that the amount of alcohol by weight in the blood of
26 the person tested is in excess of 0.05% but less than 0.10%,
27 this fact shall not give rise to any presumption that the
28 person tested was or was not under the influence of alcohol,
29 but this fact may be considered with other competent evidence
30 in determining whether the person was or was not under the
19750H1817B3266 - 133 -
1 influence of alcohol.
2 (e) Other evidence admissible.--Subsections (a) through (d)
3 shall not be construed as limiting the introduction of any other
4 competent evidence bearing upon the question whether or not the
5 defendant was under the influence of alcohol.
6 (f) Test results available to defendant.--Upon the request
7 of the person tested, the results of any chemical test shall be
8 made available to him or his attorney.
9 (g) Blood test in lieu of breath test.--If for any reason a
10 person is physically unable to supply enough breath to complete
11 a chemical test, a physician or a technician acting under the
12 physician's direction may withdraw blood for the purpose of
13 determining its alcoholic content. The chemical analysis of the
14 blood taken under these circumstances shall be admissible in
15 evidence in the same manner as are the results of the breath
16 chemical test. The operating privilege of any person who refuses
17 to allow a blood test under the above circumstances shall be
18 suspended pursuant to subsection (b).
19 (h) Test by personal physician.--The person tested shall be
20 permitted to have a physician of his own choosing administer an
21 additional breath or blood chemical test and the results of the
22 test shall also be admissible in evidence. The chemical test
23 given at the direction of the police officer shall not be
24 delayed by a person's attempt to obtain an additional test.
25 (i) Request by driver for test.--Any person involved in an
26 accident or placed under arrest for driving a motor vehicle
27 while under the influence of alcohol may request that he be
28 given a chemical test of his breath. Such requests shall be
29 honored when it is reasonably practicable to do so.
30 (j) Immunity from civil liability and reports.--No
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1 physician, registered nurse, or hospital employing such
2 physician or registered nurse, and no other employer of such
3 physician or registered nurse shall be civilly liable for the
4 withdrawing of blood and reporting of test results to the police
5 at the request of a police officer pursuant to this section.
6 § 1550. Post conviction examination for driving under
7 influence.
8 (a) Pre-sentencing examination.--Before sentencing any
9 person convicted for a second or subsequent offense of violating
10 section 3732 (relating to driving under influence of alcohol or
11 controlled substance), committed within five years of a prior
12 offense of section 3732, the court shall conduct or order an
13 appropriate examination or examinations under the act of October
14 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the "Mental
15 Health and Mental Retardation Act of 1966," to determine whether
16 the person needs or would benefit from treatment for alcohol or
17 drug abuse.
18 (b) Order for treatment.--After the examination, the court
19 may, upon a hearing and determination that the person is an
20 habitual abuser of alcohol or drugs, order supervised treatment
21 on an outpatient basis, or upon additional determinations that
22 the person is a severely debilitated drug or alcohol abuser who
23 represents a demonstrated and serious public threat and that
24 adequate treatment facilities are available, the court may order
25 him committed for treatment at a facility or institution
26 approved by the Governor's Council on Drug and Alcohol Abuse. No
27 commitment or supervised treatment on an outpatient basis shall
28 exceed one year.
29 (c) Examination by own physician.--Any person subject to
30 this section may be examined by a physician of his own choosing
19750H1817B3266 - 135 -
1 and the results of the examination shall be considered by the
2 court.
3 (d) Review of order.--Upon motion duly made by the convicted
4 person, an attorney, a relative or an attending physician, the
5 court at any time after an order of commitment shall review the
6 order. After determining the progress of treatment, the court
7 may order its continuation, the person's release or supervised
8 treatment on an outpatient basis.
9 § 1551. LIMITED DRIVER'S LICENSE. <--
10 (A) APPLICATION.--ANY PERSON WHO RECEIVES NOTICE FROM THE
11 DEPARTMENT THAT HIS DRIVER'S LICENSE IS SUSPENDED MAY MAKE AN
12 APPLICATION TO THE COMMISSION FOR A LIMITED DRIVER'S LICENSE.
13 THE APPLICATION SHALL BE ACCOMPANIED BY THE FEE PRESCRIBED BY
14 THIS TITLE.
15 (B) ISSUANCE.--NO LIMITED DRIVER'S LICENSE SHALL BE GRANTED
16 UNLESS IT IS SHOWN THAT A DRIVER'S LICENSE IS NEEDED:
17 (1) FOR THE PURPOSE OF CARRYING ON AN OCCUPATION, TRADE
18 OR PROFESSION WHICH MAKES IT ESSENTIAL THAT THE APPLICANT
19 DRIVE A MOTOR VEHICLE; OR
20 (2) FOR THE PURPOSE OF OBTAINING MEDICAL CARE; OR
21 (3) FOR THE PURPOSE OF OBTAINING BASIC NUTRITIONAL NEEDS
22 WHERE ACCESS THERETO IS NOT REASONABLY AVAILABLE WITHOUT THE
23 USE OF A MOTOR VEHICLE.
24 (C) ELIGIBILITY.--NO PERSON SHALL BE ELIGIBLE FOR A LIMITED
25 DRIVER'S LICENSE IF:
26 (1) HE WAS ISSUED A LIMITED DRIVER'S LICENSE WITHIN THE
27 TWO YEAR PERIOD PRECEEDING HIS SUSPENSION; OR
28 (2) HIS DRIVER'S LICENSE WAS SUSPENDED OR REVOKED
29 PURSUANT TO SECTION 3732 (RELATING TO DRIVING UNDER THE
30 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE).
19750H1817B3266 - 136 -
1 (D) LIMITED LICENSE COMMISSION.--THE LIMITED LICENSE
2 COMMISSION, HEREIN CALLED THE COMMISSION, IS HEREBY ESTABLISHED
3 AS A DEPARTMENTAL COMMISSION IN THE DEPARTMENT OF
4 TRANSPORTATION. THE COMMISSION SHALL CONSIST OF THREE MEMBERS,
5 ONE OF WHOM SHALL BE THE SECRETARY OF TRANSPORTATION OR HIS
6 DESIGNEE. THE OTHER TWO MEMBERS SHALL BE APPOINTED BY THE
7 GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE AND WHOSE
8 SALARIES SHALL BE FIXED BY THE EXECUTIVE BOARD. EACH PERSON
9 APPOINTED SHALL SERVE AT THE PLEASURE OF THE APPOINTING POWER.
10 SUBJECT TO THE APPROVAL OF THE EXECUTIVE BOARD THE COMMISSION
11 SHALL HAVE THE POWER AND THE DUTY TO APPOINT SUCH NUMBER OF
12 LIMITED LICENSE EXAMINERS AS IT DEEMS NECESSARY TO CARRY OUT THE
13 PROVISIONS OF THIS SECTION. THE EXAMINERS SO APPOINTED SHALL BE
14 IN CLASSIFIED SERVICE UNDER THE CIVIL SERVICE ACT. THE EXECUTIVE
15 BOARD SHALL FIX THE SALARIES OF THE EXAMINERS. THE COMMISSION
16 SHALL DESIGNATE THOSE LOCATIONS WHERE THE EXAMINERS SHALL SIT
17 WHICH LOCATIONS SHALL BE LOCATED THROUGHOUT THIS COMMONWEALTH.
18 THE COMMISSION SHALL PROMULGATE RULES AND REGULATIONS IN
19 ACCORDANCE WITH LAW RELATING TO THE CONDUCT OF THE HEARINGS AND
20 SUCH OTHER MATTERS AS MAY BE NECESSARY TO CARRY OUT THE INTENT
21 OF THIS SECTION. APPLICATIONS FOR LIMITED LICENSES SHALL BE
22 SUBMITTED TO THE COMMISSION, WHICH, AFTER MAKING A DETERMINATION
23 THAT THE APPLICANT IS ELIGIBLE TO APPLY, SHALL ASSIGN THE CASE
24 TO AN EXAMINER LOCATED AS CLOSE AS POSSIBLE TO THE APPLICANT'S
25 RESIDENCE AND THE COMMISSION SHALL DIRECT THE EXAMINER TO HOLD A
26 HEARING AS SOON AS POSSIBLE. UPON ASSIGNING THE CASE THE
27 COMMISSION SHALL NOTIFY THE DEPARTMENT THAT A HEARING HAS BEEN
28 GRANTED AND THEREUPON THE DEPARTMENT SHALL HOLD THE SUSPENSION
29 IN ABEYANCE AND SO NOTIFY THE APPLICANT.
30 (E) LIMITED LICENSE EXAMINERS.--THE LIMITED LICENSE EXAMINER
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1 SHALL, UPON RECEIPT OF NOTIFICATION BY THE COMMISSION,
2 IMMEDIATELY NOTIFY THE APPLICANT OF THE TIME AND PLACE OF THE
3 HEARING. AT THE HEARING THE APPLICANT MAY BE REPRESENTED BY
4 COUNSEL AND MAY PRESENT TESTIMONY CONCERNING HIS NEED FOR A
5 LIMITED LICENSE. NOTES OF TESTIMONY SHALL BE TAKEN AND THE
6 EXAMINER SHALL RENDER A DECISION AS TO WHETHER OR NOT THE NOTES
7 SHALL BE REDUCED TO WRITING AND FILED OF RECORD. STRICT RULES OF
8 EVIDENCE NEED NOT BE COMPLIED WITH AT THE HEARING.
9 (F) EXAMINERS RECOMMENDATIONS.--WITHIN FIVE DAYS AFTER
10 HEARING THE TESTIMONY THE EXAMINER SHALL FORWARD TO THE
11 COMMISSION FOR ITS ACTION, HIS RECOMMENDATION TO DENY THE
12 APPLICANT A LIMITED LICENSE OR TO GRANT A LIMITED LICENSE WITH
13 ANY RESTRICTIONS THEREON THAT HE MAY DEEM APPROPRIATE. THE
14 COMMISSION SHALL NOT GRANT NOR SHALL AN EXAMINER RECOMMEND THAT
15 AN APPLICANT BE GRANTED A LIMITED LICENSE WHENEVER IT IS FOUND
16 UPON SUFFICIENT EVIDENCE THAT SUCH APPLICANT'S LICENSE WAS
17 SUSPENDED UNDER CIRCUMSTANCES IN WHICH THE APPLICANT DISPLAYED
18 RECKLESS, WILLFUL AND WANTON DISREGARD FOR THE SAFETY OF OTHERS
19 OR OPERATED HIS VEHICLE IN A GROSSLY NEGLIGENT MANNER. IF THE
20 COMMISSION GRANTS THE APPLICANT A LIMITED LICENSE THE
21 RESTRICTIONS SHALL BE NOTED ON THE SAME AND IT SHALL BE VALID
22 FOR THE PERIOD OF THE SUSPENSION UNLESS OTHERWISE NOTED. IN
23 GRANTING A LIMITED LICENSE THE COMMISSION MAY REQUIRE THE
24 OPERATOR TO ATTEND AN APPROVED DRIVER IMPROVEMENT SCHOOL OR
25 REQUIRE HIM TO ATTEND A CLINIC OR ANY COMBINATION OF THE TWO. IF
26 A LIMITED LICENSE IS GRANTED THE COMMISSION SHALL IMMEDIATELY
27 NOTIFY THE DEPARTMENT OF ITS ACTION.
28 (G) APPEAL.--ANY APPLICANT WHO IS DENIED A LIMITED LICENSE
29 UNDER THE PROVISIONS OF THIS SECTION SHALL HAVE THE RIGHT TO
30 FILE A PETITION, WITHIN 30 DAYS THEREAFTER, FOR A HEARING ON THE
19750H1817B3266 - 138 -
1 MATTER IN THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE
2 APPLICANT RESIDES. THE COMMONWEALTH SHALL ALSO HAVE THE RIGHT TO
3 APPEAL THE DECISIONS OF THE LIMITED LICENSE COMMISSION. SUCH
4 COURTS ARE HEREBY VESTED WITH JURISDICTION, AND IT SHALL BE
5 THEIR DUTY, TO SET THE MATTER DOWN FOR HEARING UPON 30 DAYS'
6 WRITTEN NOTICE TO THE COMMISSION AND THE APPLICANT, AND
7 THEREUPON TO TAKE TESTIMONY AND EXAMINE INTO THE FACTS OF THE
8 CASE, AND TO DETERMINE WHETHER THE APPLICANT SHALL BE GRANTED A
9 LIMITED LICENSE.
10 (H) VIOLATIONS OF RESTRICTIONS.--IF ANY PERSON DRIVES A
11 MOTOR VEHICLE OR TRACTOR IN VIOLATION OF THE RESTRICTIONS OF A
12 LIMITED LICENSE AS PROVIDED BY THIS SECTION, THE DEPARTMENT
13 SHALL SUSPEND THE OPERATING PRIVILEGES OF SUCH PERSON FOR A
14 PERIOD TWICE AS LONG AS THE ORIGINAL SUSPENSION DURING WHICH
15 PERIOD SUCH PERSON SHALL NOT BE ELIGIBLE TO APPLY FOR A LIMITED
16 DRIVER'S LICENSE. IF ANY PERSON IS CONVICTED OF ANY VIOLATION TO
17 WHICH THE POINT SYSTEM OF SECTION 1535 (RELATING TO THE SCHEDULE
18 OF CONVICTIONS AND POINTS) APPLIES, WHILE OPERATING A MOTOR
19 VEHICLE OR TRACTOR UNDER THE PROVISIONS OF THIS SECTION, THE
20 DEPARTMENT SHALL IMMEDIATELY REVOKE SUCH DRIVER'S LIMITED
21 LICENSE.
22 § 1551 1552. 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 AFTER THE COMPLETION OF A COURSE OF INSTRUCTION <--
30 APPROVED BY THE DEPARTMENT.
19750H1817B3266 - 139 -
1 (b) Course of instruction on alcohol and driving.--The
2 department in conjunction with the Governor's Council on Drug
3 and Alcohol Abuse shall establish and maintain a course of
4 instruction on the problems of alcohol and driving. The
5 curriculum of the course of instruction established by the
6 department and the Governor's Council on Drug and Alcohol Abuse
7 shall be uniform throughout this Commonwealth and shall be
8 reviewed by the department on an annual basis. This course shall
9 be applicable to persons with no prior convictions for driving
10 or being in actual physical control of a motor vehicle while
11 under the influence of alcohol or any controlled substance.
12 § 1552 1553. Judicial review. <--
13 (a) General rule.--Any person denied a driver's license or
14 whose operating privilege has been recalled, canceled, suspended
15 or revoked by the department shall have the right to appeal by
16 filing a petition within 30 days from the date notice is mailed
17 for a hearing in the court of common pleas of the county in
18 which the driver resides or, in the case of cancellation,
19 suspension or revocation of a nonresident's operating privilege,
20 in the county in which the offense giving rise to the recall,
21 cancellation, suspension or revocation occurred.
22 (b) Supersedeas.--The filing of the petition shall operate
23 as a supersedeas and no recall, suspension, cancellation or
24 revocation shall be imposed against such person until final
25 determination of the matter.
26 (c) Jurisdiction and proceedings of court.--The court is
27 hereby vested with jurisdiction and it shall be its duty to set
28 the matter for hearing forthwith upon 30 days written notice to
29 the department and to determine whether the petitioner is in
30 fact the person whose operating privilege is subject to the
19750H1817B3266 - 140 -
1 recall, suspension, cancellation or revocation.
2 § 1553 1554. Notice of suspension of licenses or permits. <--
3 The department shall promptly notify each person whose
4 license or permit is suspended as a result of the accumulation
5 of points. The notification that the license or permit is
6 suspended shall be made within six months following the
7 conviction of a violation of this title that resulted in the
8 addition of sufficient points to cause the suspension. FAILURE <--
9 OF THE DEPARTMENT TO GIVE PROMPT NOTICE OF SUSPENSION AS
10 REQUIRED BY THIS SECTION SHALL PROHIBIT THE DEPARTMENT FROM
11 SUSPENDING THE LICENSE OR PERMIT OF SUCH PERSON.
12 SUBCHAPTER C
13 VIOLATIONS
14 Sec.
15 1571. Violations concerning licenses.
16 1572. Cancellation of driver's license.
17 1573. Driving under foreign license during suspension or
18 revocation.
19 1574. Permitting unauthorized person to drive.
20 1575. Permitting violation of title.
21 1576. Local authorities liable for negligence of their
22 employees.
23 § 1571. Violations concerning licenses.
24 (a) Offenses defined.--It is unlawful for any person:
25 (1) To exhibit or cause or permit to be exhibited or
26 have in possession any recalled, canceled, suspended,
27 revoked, fictitious or fraudulently altered driver's license.
28 (2) To lend a driver's license to any other person or
29 permit the use thereof by another.
30 (3) To exhibit or represent as one's own any driver's
19750H1817B3266 - 141 -
1 license not issued to the person.
2 (4) To fail or refuse to surrender to the department
3 upon lawful demand a recalled, canceled, suspended, revoked,
4 fictitious or fraudulently altered driver's license.
5 (b) Penalty.--Any person violating any of the provisions of
6 this section is guilty of a summary offense and shall, upon
7 conviction, be sentenced to pay a fine of $100.
8 § 1572. Cancellation of driver's license.
9 The department may cancel any driver's license upon
10 determining that the licensee was not entitled to the issuance
11 or that the person failed to give the required or correct
12 information or committed fraud in making the application or in
13 obtaining the license or the fee has not been paid. Upon the
14 cancellation, the licensee shall immediately surrender the
15 canceled license to the department.
16 § 1573. Driving under foreign license during suspension or
17 revocation.
18 Any resident or nonresident whose operating privilege to
19 drive a motor vehicle in this Commonwealth has been recalled,
20 cancelled, suspended or revoked as provided in this title shall
21 not drive a motor vehicle in this Commonwealth under a license
22 or permit issued by any other jurisdiction or otherwise during
23 the suspension or after the recall, cancellation or revocation
24 until a new driver's license is obtained when and as permitted
25 under this chapter.
26 § 1574. Permitting unauthorized person to drive.
27 (a) General rule.--No person shall authorize or permit a
28 motor vehicle owned by him or under his control to be driven
29 upon any highway by any person who is not authorized under this
30 chapter or who is not licensed for the type or class of vehicle
19750H1817B3266 - 142 -
1 to be driven.
2 (b) Penalty.--Any person violating the provisions of
3 subsection (a) is guilty of a summary offense and shall be
4 jointly and severally liable with the driver for any damages
5 caused by the negligence of such driver in operating the
6 vehicle.
7 § 1575. Permitting violation of title.
8 (a) General rule.--No person shall authorize or permit a
9 motor vehicle owned by him or under his control to be driven in
10 violation of any of the provisions of this title.
11 (b) Penalty.--Any person violating the provisions of
12 subsection (a) is guilty of the same offense as the driver of
13 such vehicle and subject to the same penalties including any
14 suspension or revocation of the operating privilege or the
15 assessment of points.
16 § 1576. Local authorities liable for negligence of their
17 employees.
18 Every local authority within this Commonwealth shall be
19 jointly and severally liable with any employee for damages
20 caused by the negligence of the employee while operating a motor
21 vehicle or fire department equipment upon a highway in the
22 course of his employment. Every local authority shall also be
23 jointly and severally liable with any member of a volunteer fire
24 company for any damage caused by the negligence of the member
25 while operating a motor vehicle or fire department equipment
26 used by or belonging to the volunteer fire company while going
27 to, attending or returning from a fire or while engaged in any
28 other proper use of the motor vehicle or fire department
29 equipment for the volunteer fire company.
30 CHAPTER 17
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1 FINANCIAL RESPONSIBILITY
2 Subchapter
3 A. General Provisions
4 B. Deposit of Security
5 C. Proof of Future Responsibility
6 SUBCHAPTER A
7 GENERAL PROVISIONS
8 Sec.
9 1701. Application of chapter.
10 1702. Administration of chapter.
11 1703. Availability of other remedies.
12 1704. Transfer of suspended registration to evade chapter.
13 § 1701. Application of chapter.
14 This chapter does not apply with respect to any motor vehicle
15 owned by the United States, the Commonwealth or any political
16 subdivision.
17 § 1702. Administration of chapter.
18 The department shall administer and enforce the provisions of
19 this chapter and may make rules and regulations necessary for
20 the administration of this chapter.
21 § 1703. Availability of other remedies.
22 This chapter shall not be construed as preventing the
23 plaintiff in any action at law from relying for relief upon
24 other remedies provided by law.
25 § 1704. Transfer of suspended registration to evade chapter.
26 (a) General rule.--If the registrations of any vehicles are
27 suspended under this chapter, the registrations shall not be
28 transferred, nor the vehicles registered in any other name,
29 until the department is satisfied that the transfer of
30 registrations is proposed in good faith and not for the purpose
19750H1817B3266 - 144 -
1 or with the effect of defeating the purposes of this chapter.
2 (b) Sale of repossessed vehicle.--This section does not
3 apply to or affect the registration of any motor vehicle sold by
4 a person who, pursuant to the terms or conditions of any written
5 instrument giving a right of repossession, has exercised such
6 right and has repossessed the motor vehicle from a person whose
7 registration has been suspended under the provisions of this
8 chapter.
9 (c) Rights of lienholders and lessors.--This chapter does
10 not in any way affect the rights of any conditional vendor,
11 chattel mortgagee or lessor of a motor vehicle registered in the
12 name of another person who becomes subject to the provisions of
13 this chapter.
14 SUBCHAPTER B
15 DEPOSIT OF SECURITY
16 Sec.
17 1721. Deposit of security following accident.
18 1722. Suspension of license of resident involved in
19 accident in another state.
20 1723. Exceptions to security requirements.
21 1724. Duration of suspension.
22 1725. Coverage and revision of security.
23 1726. Custody, disposition and return of security.
24 1727. Matters not evidence in civil actions.
25 1728. Appeal to court from action of department.
26 § 1721. Deposit of security following accident.
27 (a) Determination of amount.--If, 20 days after the receipt <--
28 of a report of a motor vehicle accident within this Commonwealth
29 as provided for in Subchapter C of Chapter 37 (relating to
30 accidents and accident reports), the department does not have on
19750H1817B3266 - 145 -
1 file satisfactory evidence that the person who would otherwise
2 be required to file security under subsection (b) has been
3 released from liability, has been finally adjudicated not to be
4 liable, has executed a warrant for confession of judgment or
5 written agreement providing for payment of all claims for
6 injuries or damages resulting from the accident in such manner
7 as the parties have agreed, the department shall determine the
8 (A) GENERAL RULE.--UPON REQUEST OF THE DRIVER OR OWNER OF <--
9 ANY MOTOR VEHICLE INVOLVED IN AN ACCIDENT WHO DOES NOT RECEIVE
10 PROOF OF INSURANCE FROM THE DRIVER OR OWNER OF THE OTHER VEHICLE
11 AS REQUIRED BY SECTIONS 3744 (RELATING TO DUTY TO GIVE
12 INFORMATION AND AID) AND 3745 (RELATING TO ACCIDENTS INVOLVING
13 DAMAGE TO UNATTENDED VEHICLE OR PROPERTY) WITHIN FIVE DAYS
14 FOLLOWING THE ACCIDENT, THE DEPARTMENT SHALL DETERMINE THE
15 amount of security which in its judgment shall be sufficient to
16 satisfy any judgment or judgments that may be recovered against
17 each driver or owner for damages resulting from the accident
18 upon the basis of reports, information or other evidence
19 submitted to or obtained by the department.
20 (b) Suspensions for failure to deposit security.--The
21 department shall, within 60 days after the receipt of a report <--
22 of a motor vehicle accident, REQUEST PURSUANT TO SUBSECTION (A), <--
23 suspend the operating privilege of each driver and all
24 registrations of each owner of a motor vehicle in any manner
25 involved in such accident; and if such owner is a nonresident,
26 the privilege of using within this Commonwealth any motor
27 vehicle owned by him, unless the driver or owner or both shall
28 deposit security in the sum determined by the department. Notice
29 of the suspension shall be sent by the department to the driver
30 and owner not less than ten days prior to the effective date of
19750H1817B3266 - 146 -
1 the suspension and shall state the amount required as security.
2 Where erroneous information is given the department with respect
3 to the matters set forth in subsection (c), it shall take
4 appropriate action, as provided in this section, within 60 days
5 after receipt of correct information with respect to such
6 matters.
7 (c) Exceptions.--This section does not apply under the <--
8 conditions stated in section 1723 (relating to exceptions to
9 security requirements) or to any of the following:
10 (1) The driver or owner, if the owner had in effect at
11 the time of such accident, the motor vehicle insurance
12 required in section 104 of the act of July 19, 1974 (P.L.489,
13 No.176), known as the "Pennsylvania No-fault Motor Vehicle
14 Insurance Act," covering the motor vehicle involved in the
15 accident.
16 (2) The driver, if not the owner of the motor vehicle,
17 if at the time of the accident the driver's operation of the
18 motor vehicle was covered by the motor vehicle insurance
19 required in section 104 of the "Pennsylvania No-fault Motor
20 Vehicle Insurance Act."
21 (3) The driver or owner if the liability of the driver
22 or owner for damages resulting from such accident is, in the
23 judgment of the department, covered by any other form of
24 liability insurance policy or bond, in an amount sufficient
25 to satisfy any judgment or judgments as determined by the
26 department in accordance with subsection (a), or in the
27 amounts provided in section 104 (a) of the "Pennsylvania No-
28 fault Motor Vehicle Insurance Act," whichever is less.
29 (d) (C) Cash or bond as security.--Security required under <--
30 subsection (b) shall be in the form of cash or a bond issued by
19750H1817B3266 - 147 -
1 surety company authorized to do business in this Commonwealth
2 or, if not authorized to do business in this Commonwealth, if
3 the surety company shall execute a power of attorney authorizing
4 the department to accept service on its behalf of notice or
5 process in any action upon the arising out of the accident.
6 Security shall be in an amount sufficient to satisfy any
7 judgment or judgments as determined by the department in
8 accordance with subsection (a), or in the amounts provided in
9 section 104 (a) of the "Pennsylvania No-fault Motor Vehicle
10 Insurance Act," whichever is less.
11 § 1722. Suspension of license of resident involved in accident
12 in another state.
13 Upon receipt of certification that the operating privilege of
14 a resident of this Commonwealth has been suspended in any other
15 state pursuant to a law providing for suspension for failure to
16 deposit security for the payment of judgments arising out of a
17 motor vehicle accident under circumstances which would require
18 the department to suspend a nonresident's operating privilege
19 had the accident occurred in this Commonwealth, and if the law
20 of the state contains reciprocal provisions, the department
21 shall suspend the operating privilege of the resident if he was
22 the driver and involved in the accident. The suspension shall
23 continue until the resident furnishes evidence of his compliance
24 with the law of the other state relating to the deposit of
25 security.
26 § 1723. Exceptions to security requirements.
27 The requirements as to security and suspension of section <--
28 1721 (relating to deposit of security following accident) OF <--
29 THIS SUBCHAPTER do not apply to any of the following:
30 (1) The driver and the owner of a motor vehicle involved
19750H1817B3266 - 148 -
1 in an accident in which no injury or damage was caused to the
2 person or property of persons other than the driver or owner.
3 (2) The driver and the owner of a motor vehicle legally
4 parked at the time of the accident.
5 (3) The owner of a motor vehicle if at the time of the
6 accident the vehicle was being operated without his
7 permission, express or implied, or was parked by a person who
8 had been operating the motor vehicle without such permission.
9 (4) If prior to the date that the department would
10 otherwise suspend the operating privilege and registrations
11 under section 1721 evidence is filed with the department
12 indicating to its satisfaction that the person who would
13 otherwise have to file security has been released from
14 liability, or has been finally adjudicated not to be liable,
15 or has executed a warrant for confession of judgment or a
16 written agreement acceptable to the injured parties, for
17 payment of all claims for injuries or damages resulting from
18 one accident in such manner as the parties have agreed.
19 (5) In the event a person involved in an accident as
20 described in this chapter fails to submit any information
21 requested by the department indicating the extent of his
22 injuries or the damage to his property, within 50 days after
23 the accident, and the department does not have sufficient
24 evidence on which to base an evaluation of the injuries or
25 damage, then the department, after reasonable notice to such
26 person if it is possible to give such notice, otherwise
27 without such notice, shall not require any deposit of
28 security for the benefit or protection of such person.
29 (6) THE DRIVER OR OWNER, IF THE OWNER HAD IN EFFECT AT <--
30 THE TIME OF SUCH ACCIDENT, THE MOTOR VEHICLE INSURANCE
19750H1817B3266 - 149 -
1 REQUIRED IN SECTION 104 OF THE ACT OF JULY 19, 1974 (P.L.489,
2 NO.176), KNOWN AS THE "PENNSYLVANIA NO-FAULT MOTOR VEHICLE
3 INSURANCE ACT," COVERING THE MOTOR VEHICLE INVOLVED IN THE
4 ACCIDENT.
5 (7) THE DRIVER, IF NOT THE OWNER OF THE MOTOR VEHICLE,
6 IF AT THE TIME OF THE ACCIDENT THE DRIVER'S OPERATION OF THE
7 MOTOR VEHICLE WAS COVERED BY THE MOTOR VEHICLE INSURANCE
8 REQUIRED IN SECTION 104 OF THE "PENNSYLVANIA NO-FAULT MOTOR
9 VEHICLE INSURANCE ACT."
10 (8) THE DRIVER OR OWNER IF THE LIABILITY OF THE DRIVER
11 OR OWNER FOR DAMAGES RESULTING FROM SUCH ACCIDENT IS, IN THE
12 JUDGMENT OF THE DEPARTMENT, COVERED BY ANY OTHER FORM OF
13 LIABILITY INSURANCE POLICY OR BOND, IN AN AMOUNT SUFFICIENT
14 TO SATISFY ANY JUDGMENT OR JUDGMENTS AS DETERMINED BY THE
15 DEPARTMENT IN ACCORDANCE WITH SECTION 1721(A) (RELATING TO
16 DEPOSIT OF SECURITY FOLLOWING ACCIDENT), OR IN THE AMOUNTS
17 PROVIDED IN SECTION 104(A) OF THE "PENNSYLVANIA NO-FAULT
18 MOTOR VEHICLE INSURANCE ACT," WHICHEVER IS LESS.
19 § 1724. Duration of suspension.
20 (a) General rule.--The operating privilege and registrations
21 suspended as provided in section 1721 (relating to deposit of
22 security following accident) shall remain suspended and shall
23 not be renewed nor any registration be issued to the person
24 affected until:
25 (1) such person deposits or has deposited on his behalf
26 the security required under section 1721;
27 (2) two years shall have elapsed following the date of
28 the accident and evidence satisfactory to the department has
29 been filed that no action for damages arising from the
30 accident has been instituted; or
19750H1817B3266 - 150 -
1 (3) evidence satisfactory to the department has been
2 filed of a release from liability, a final adjudication of
3 nonliability, or a warrant for confession of judgment or
4 written agreement providing for payment of all claims for
5 injuries or damages resulting from the accident in such
6 manner as the parties have agreed.
7 (b) Default in payment of installment.--Upon notice of any
8 default in the payment of any installment:
9 (1) under any confession of judgment, the department
10 shall suspend the driver's privilege and the owner's
11 registrations or of the person defaulting, which shall not be
12 restored unless and until the entire amount provided for in
13 the confession of judgment has been paid; or
14 (2) under any written agreement, the department shall
15 suspend the driver's privilege and the owner's registrations
16 or of the person defaulting, which shall not be restored
17 unless and until:
18 (i) such person deposits and thereafter maintains
19 security as required under section 1721 in such amount as
20 the department may then determine; or
21 (ii) two years have elapsed following the date of
22 the accident and no action upon the agreement has been
23 instituted in a court in this Commonwealth.
24 § 1725. Coverage and revision of security.
25 (a) Designation of persons covered.--A person depositing
26 security in accordance with section 1721 (relating to deposit of
27 security following accident) shall specify in writing the person
28 or persons on whose behalf the deposit is made, and at any time
29 while the deposit is in the custody of the department or State
30 Treasurer the person depositing it may, in writing, amend the
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1 specification of the person or persons on whose behalf the
2 deposit is made to include an additional person or persons. A
3 single deposit of security shall be applicable only on behalf of
4 persons required to furnish security because of the same
5 accident.
6 (b) Subsequent change of amount.--The department may change
7 the amount of security ordered upon the production of evidence
8 as to the probable measure of damages, if, in its judgment, the
9 amount ordered is excessive or insufficient. In case the
10 security originally ordered has been deposited, the excess
11 deposited over the reduced amount ordered shall be returned to
12 the depositor or his personal representative notwithstanding the
13 provisions of section 1726 (relating to custody, disposition and
14 return of security). In case the security originally deposited
15 is found to be insufficient, the deficiency under the increased
16 amount ordered shall be deposited or, in default thereof, the
17 driver or owner or both shall be subject to the provisions of
18 section 1721(b).
19 § 1726. Custody, disposition and return of security.
20 Security deposited in compliance with the requirements of
21 this chapter shall be placed by the department in the custody of
22 the State Treasurer and shall be applicable only to the payment
23 of a judgment or judgments rendered against the person or
24 persons on whose behalf the deposit was made for damages arising
25 out of the accident in question in an action at law. The
26 deposit, or any balance thereof, shall be returned to the
27 depositor or his personal representative when evidence,
28 satisfactory to the department, has been filed that there has
29 been a release from liability, or a final adjudication of
30 nonliability, the driver or owner, if the liability of the
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1 driver or owner for damages resulting from such accident is, in
2 the judgment of the department, covered by any other form of
3 liability insurance policy or bond in an amount sufficient to
4 satisfy any judgment or judgments as determined by the
5 department in accordance with subsection (a), or in the amounts
6 provided in section 104 of the "Pennsylvania No-fault Motor
7 Vehicle Insurance Act," whichever is less, or when after the
8 expiration of two years following the date of the accident and
9 evidence satisfactory to the department has been filed that no
10 action for damages arising from such accident has been
11 instituted.
12 § 1727. Matters not evidence in civil actions.
13 Neither the required report, the action taken by the
14 department pursuant to this chapter, the findings, if any, of
15 the department upon which action is based nor the security filed
16 as provided in section 1721 (relating to deposit of security
17 following accident) shall be referred to in any way nor be any
18 evidence of the negligence or due care of either party at the
19 trial of any action at law to recover damages.
20 § 1728. Appeal to court from action of department.
21 Any person aggrieved by an order or action of the department
22 under this subchapter shall have the same right of appeal as
23 provided in section 1553 (relating to judicial review).
24 SUBCHAPTER C
25 PROOF OF FUTURE RESPONSIBILITY
26 Sec.
27 1741. Court reports on nonpayment of judgments.
28 1742. Suspension for nonpayment of judgments.
29 1743. Continuation of suspension until judgments paid and
30 proof given.
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1 1744. Payments sufficient to satisfy judgments.
2 1745. Installment payment of judgments.
3 1746. Proof of financial responsibility after suspension or
4 revocation.
5 1747. Providing financial responsibility.
6 § 1741. Court reports on nonpayment of judgments.
7 (a) General rule.--Whenever any person fails within 60 days
8 to satisfy any judgment arising from a motor vehicle accident,
9 the prothonotary of the court in which the judgment is rendered
10 shall immediately forward to the department a certified copy of
11 the judgment.
12 (b) Notice to state of nonresident defendant.--If the
13 defendant named in any certified copy of a judgment reported to
14 the department is a nonresident, the department shall transmit a
15 certified copy of the judgment to the official in charge of the
16 issuance of licenses and registration certificates of the state
17 of which the defendant is a resident.
18 § 1742. Suspension for nonpayment of judgments.
19 (a) General rule.--The department, upon receipt of a
20 certified copy of a judgment, shall suspend the operating
21 privilege of each driver and registration of each owner against
22 whom the judgment was rendered except as otherwise provided in
23 this section and in section 1745 (relating to installment
24 payment of judgments).
25 (b) Nonsuspension with consent of judgment creditor.--If the
26 judgment creditor consents in writing, in such form as the
27 department may prescribe, that the judgment debtor's operating
28 privilege and registrations be retained or restored, the
29 department shall not suspend or shall restore until the consent
30 is revoked in writing, notwithstanding default in the payment of
19750H1817B3266 - 154 -
1 the judgment, or of any installment thereof prescribed in
2 section 1745, provided the judgment debtor furnishes proof of
3 financial responsibility.
4 (c) Insurance in effect at time of accident.--Any person
5 whose operating privilege or registrations have been suspended,
6 or are about to be suspended or become subject to suspension,
7 under the provisions of this chapter, shall be relieved from the
8 effect of the judgment as prescribed in this chapter if the
9 person files evidence satisfactory to the department that the
10 insurance required by section 104 (a) of the "Pennsylvania No-
11 fault Motor Vehicle Insurance Act," was in force and effect at
12 the time of the accident resulting in the judgment and is or
13 should be available for the satisfaction of the judgment. If the
14 required insurance is not available because the insurance
15 company has gone into receivership or bankruptcy, the person
16 shall only be required to present to or file with the department
17 proper evidence that an insurance policy was in force and effect
18 at the time of the accident.
19 § 1743. Continuation of suspension until judgments paid and
20 proof given.
21 A person's operating privilege and all registrations shall
22 remain suspended and shall not be renewed nor shall any
23 registration be thereafter issued in the name of such person
24 unless and until every such judgment is stayed, satisfied in
25 full or to the extent provided in this subchapter, and until the
26 person furnishes proof of financial responsibility as required.
27 § 1744. Payments sufficient to satisfy judgments.
28 (a) General rule.--Judgments shall for the purpose of this
29 chapter only be deemed satisfied upon occurrence of one of the
30 following:
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1 (1) When $15,000 has been credited upon any judgment or
2 judgments rendered in excess of that amount because of bodily
3 injury to or death of one person as the result of any one
4 accident.
5 (2) When $30,000 has been credited upon any judgment or
6 judgments rendered in excess of that amount because of bodily
7 injury to or death of two or more persons as the result of
8 any one accident.
9 (3) When $5,000 has been credited upon any judgment or
10 judgments rendered in excess of that amount because of injury
11 to or destruction of property of others as the result of any
12 one accident.
13 (b) Credit for payment under settlement.--Payments made in
14 settlement of any claims because of bodily injury, death or
15 property damage arising from a motor vehicle accident shall be
16 credited in reduction of the amounts provided for in this
17 section.
18 (c) Escrow deposit by judgment creditor.--When the judgment
19 creditor cannot be found, the judgment debtor may deposit in
20 escrow with the prothonotary of the court where the judgment was
21 entered an amount equal to the amount of the judgment, subject
22 to the limits set forth in subsection (a), interest to date and
23 record costs, whereupon the prothonotary shall notify the
24 department and the judgment shall be deemed satisfied. The
25 amount deposited shall be retained by the prothonotary for a
26 period of five years from the date of the deposit, after which,
27 if it has not been claimed by the judgment creditor, it shall be
28 returned to the judgment debtor. When the deposit is made, the
29 prothonotary shall notify the judgment creditor and his counsel,
30 if any, by certified or registered mail at his last known
19750H1817B3266 - 156 -
1 address. No interest shall run on any judgment with respect to
2 the amount deposited with the prothonotary under the terms of
3 this subsection.
4 § 1745. Installment payment of judgments.
5 (a) Order authorizing installment payment.--A judgment
6 debtor, upon due notice to the judgment creditor, may apply to
7 the court in which the judgment was rendered for the privilege
8 of paying the judgment in installments and the court, in its
9 discretion and without prejudice to any other legal remedies
10 which the judgment creditor may have, may so order and fix the
11 amounts and times of payment of the installments.
12 (b) Suspension prohibited during compliance with order.--The
13 department shall not suspend a driver's operating privilege or
14 registrations and shall restore any operating privilege or
15 registration suspended following nonpayment of a judgment when
16 the judgment debtor obtains an order permitting payment of the
17 judgment in installments and while the payment of any
18 installment is not in default, provided that the judgment debtor
19 furnishes proof of financial responsibility.
20 (c) Suspension for default in payment.--In the event the
21 judgment debtor fails to pay any installment as specified by the
22 order, then, upon notice of the default, the department shall
23 suspend the operating privilege and all registrations of the
24 judgment debtor until the judgment is satisfied as provided in
25 this chapter.
26 § 1746. Proof of financial responsibility after suspension or
27 revocation.
28 Whenever the department suspends or revokes the operating
29 privilege of any person upon receiving record of a conviction or
30 forfeiture of bail, the department shall not restore the
19750H1817B3266 - 157 -
1 operating privilege until the person furnishes proof of
2 financial responsibility.
3 § 1747. Providing financial responsibility.
4 (a) General rule.--Proof of financial responsibility may be
5 furnished by filing evidence satisfactory to the department that
6 all motor vehicles registered in a person's name are covered by
7 the insurance required in section 104 of the act of July 18,
8 1974 (P.L.489, No.176), known as the "Pennsylvania No-fault
9 Motor Vehicle Insurance Act"; or, if the person has no motor
10 vehicle, that the person is covered by a non-owner's policy
11 having the same limits of liability as are required in section
12 104 of that act.
13 (b) Nonresident.--The nonresident owner of a motor vehicle
14 not registered in this Commonwealth may give proof of financial
15 responsibility by filing with the department a written
16 certificate or certificates of an insurance carrier authorized
17 to transact business in the state in which the motor vehicle or
18 motor vehicles described in the certificate is registered or, if
19 the nonresident does not own a motor vehicle, then in the state
20 in which the insured resides, provided the certificate otherwise
21 conforms to the provisions of this chapter, and the department
22 shall accept the certificate upon condition that the insurance
23 carrier complies with the following provisions with respect to
24 the policies so certified:
25 (1) The insurance carrier shall execute a power of
26 attorney authorizing the department to accept service on its
27 behalf or process in any action arising out of a motor
28 vehicle accident in this Commonwealth.
29 (2) The insurance carrier shall agree in writing that
30 the policies shall be deemed to conform with the laws of this
19750H1817B3266 - 158 -
1 Commonwealth relating to the terms of motor vehicle liability
2 policies issued in this Commonwealth.
3 (c) Default by foreign insurance carrier.--If any insurance
4 carrier not authorized to transact business in this
5 Commonwealth, which has qualified to furnish proof of financial
6 responsibility, defaults in any undertakings or agreements, the
7 department shall not thereafter accept as proof any certificate
8 of the carrier whether theretofore filed or thereafter tendered
9 as proof as long as the default continues.
10 CHAPTER 19
11 FEES
12 Subchapter
13 A. General Provisions
14 B. Registration Fees
15 C. Permits
16 D. Miscellaneous Fees
17 SUBCHAPTER A
18 GENERAL PROVISIONS
19 Sec.
20 1901. Exemption of entities and vehicles from fees.
21 1902. Exemptions from other fees.
22 1903. Limitation on local license fees and taxes.
23 1904. Collection and disposition of fees and moneys.
24 § 1901. Exemption of entities and vehicles from fees.
25 (a) Governmental and quasi-governmental entities.--Except as
26 otherwise specifically provided in this title, no fees shall be
27 charged under this title to any of the following:
28 (1) The Commonwealth.
29 (2) Political subdivisions.
30 (3) State and local authorities.
19750H1817B3266 - 159 -
1 (4) The Federal Government.
2 (5) Other states.
3 (b) Title and registration fees.--
4 (1) No fee shall be charged for titling or registration <--
5 of any of the following:
6 (i) Buses owned by urban mass transportation systems <--
7 except school buses and other buses required to be
8 equipped with flashing red and amber lights.
9 (ii) Vehicles owned by volunteer fire, rescue and
10 ambulance associations.
11 (iii) Vehicles owned by foreign nationals with the
12 rank of vice consul or higher assigned to a consulate in
13 this Commonwealth provided that citizens of the United
14 States are granted reciprocal exemptions.
15 (2) No fee shall be charged for registration of vehicles
16 owned by veterans who lost a limb or eye or who became
17 partially paralyzed while serving in the armed forces of the
18 United States. Only one passenger vehicle, or one other
19 vehicle with a gross weight or registered gross weight of not
20 more than 9,000 pounds, shall be registered for any veteran.
21 (1) BUSES REGISTERED BY URBAN MASS TRANSPORTATION <--
22 SYSTEMS EXCEPT THAT THIS PARAGRAPH SHALL COVER ONLY THE
23 NUMBER OF BUSES WHICH THE DEPARTMENT DETERMINES ARE REQUIRED
24 TO PROVIDE SCHEDULED SERVICES WITHIN THE COUNTY IN WHICH THEY
25 HAVE THEIR PRINCIPAL PLACE OF BUSINESS OR CONTIGUOUS
26 COUNTIES.
27 (2) VEHICLES REGISTERED BY VOLUNTEER FIRE, RESCUE AND
28 AMBULANCE ASSOCIATIONS.
29 (3) VEHICLES REGISTERED BY FOREIGN NATIONALS WITH THE
30 RANK OF VICE CONSUL OR HIGHER ASSIGNED TO A CONSULATE IN THIS
19750H1817B3266 - 160 -
1 COMMONWEALTH PROVIDED THAT CITIZENS OF THE UNITED STATES ARE
2 GRANTED RECIPROCAL EXEMPTIONS.
3 (4) VEHICLES OF TOTALLY DISABLED VETERANS WHOSE
4 DISABILITY IS CERTIFIED BY THE UNITED STATES VETERANS'
5 ADMINISTRATION AS SERVICE-CONNECTED.
6 (c) Processing fee in lieu of registration fee.--No
7 registration fee shall be charged for vehicles owned REGISTERED <--
8 by any of the following but the department shall charge a fee of
9 $10 to 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
19750H1817B3266 - 161 -
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 (17) ANY VETERAN WHO LOST A LIMB OR EYE OR WHO BECAME <--
10 PARTIALLY PARALYZED WHILE SERVING IN THE ARMED FORCES OF THE
11 UNITED STATES.
12 (D) LIMITATIONS.--
13 (1) VEHICLES TITLED AND REGISTERED UNDER the provisions
14 of this section shall be operated and used exclusively for
15 the purpose for which the vehicles were entitled to the
16 exemptions from fees.
17 (2) ONLY ONE PASSENGER VEHICLE OR ONE OTHER VEHICLE WITH <--
18 A GROSS WEIGHT OR REGISTERED GROSS WEIGHT OF NOT MORE THAN
19 9,000 POUNDS MAY BE REGISTERED TO ANY PERSON UNDER THE
20 PROVISIONS OF SUBSECTION (B)(4) AND SUBSECTION (C)(16) AND
21 (17).
22 (e) Penalty.--Any person violating the provisions of this
23 section is guilty of a summary offense.
24 § 1902. Exemptions from other fees.
25 No fee shall be charged under this title for or to any of the
26 following:
27 (1) A certificate of title returned to the department
28 for cancellation.
29 (2) The replacement of a registration card or plate,
30 driver's license, learner's permit or certificate of title
19750H1817B3266 - 162 -
1 lost in the mail if the applicant files an affidavit of non-
2 receipt within 45 days of the date of original issuance.
3 (3) A certificate of junk.
4 (4) A certificate of rejection.
5 (5) A special hauling permit issued to any person
6 hauling equipment or materials for use on a Federal or State
7 emergency relief project.
8 (6) A manufacturer, jobber or dealer for a certificate
9 of title to a motor vehicle, trailer or semi-trailer when
10 assignment of certificate of title accompanies the
11 application for certificate of title, and when the dealer,
12 manufacturer or jobber is possessed of current manufacturer's
13 dealer's or jobber's registration plates.
14 § 1903. Limitation on local license fees and taxes.
15 No municipality shall require or collect any registration or
16 license fee or tax for any vehicle or driver's license from any
17 person.
18 § 1904. Collection and disposition of fees and moneys.
19 The department shall collect all fees payable under this
20 title and all other moneys received in connection with the
21 administration of this title and transmit them to the State
22 Treasurer for deposit in the Motor License Fund. Moneys paid in
23 error may be refunded by the department.
24 SUBCHAPTER B
25 REGISTRATION FEES
26 Sec.
27 1911. Annual registration fees.
28 1912. Passenger cars.
29 1913. Motor homes.
30 1914. Motorcycles.
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1 1915. Motor-driven cycles.
2 1916. Trucks and truck-tractors.
3 1917. Motor buses.
4 1918. School buses.
5 1919. Electric vehicles.
6 1920. Trailers. and semi-trailers. <--
7 1921. Special mobile equipment.
8 1922. Antique vehicles. IMPLEMENTS OF HUSBANDRY. <--
9 1923. Classic ANTIQUE AND CLASSIC vehicles. <--
10 1924. Farm trucks.
11 1925. Ambulances, taxis and hearses.
12 1926. Dealers and miscellaneous motor vehicle business.
13 1927. Transfer of registration.
14 1928. Processing temporary registration. TEMPORARY <--
15 REGISTRATION PLATES.
16 1929. Replacement registration plates.
17 1930. Special LEGISLATIVE registration plates. <--
18 1931. PERSONAL REGISTRATION PLATES. <--
19 1931 1932. Duplicate registration cards. <--
20 § 1911. Annual registration fees.
21 (a) General rule.--An annual fee for the registration of
22 vehicles as provided in Chapter 13 (relating to the registration
23 of vehicles) shall be charged by the department as provided in
24 this title.
25 (b) Department to establish certain fees.--If a vehicle to
26 be registered is of a type not specifically provided for by this
27 title and is otherwise eligible for registration, the department
28 shall determine the most appropriate fee or fee schedule for the
29 vehicle or type of vehicle based on such factors as design and
30 intended use.
19750H1817B3266 - 164 -
1 § 1912. Passenger cars.
2 The annual fee for registration of a passenger car shall be
3 $24.
4 § 1913. Motor homes.
5 The annual fee for registration of a motor home shall be
6 determined by its registered gross weight in pounds according to
7 the following table:
8 Class Registered Gross Fee
9 Weight in Pounds
10 1 8,000 or less $30
11 2 8,001 - 11,000 42
12 3 11,001 or more 54
13 § 1914. Motorcycles.
14 The annual fee for registration of a motorcycle other than a
15 motor-driven cycle shall be $12.
16 § 1915. Motor-driven cycles.
17 The annual fee for registration of a motor-driven cycle shall
18 be $6.
19 § 1916. Trucks and truck-tractors.
20 The annual fee for registration of a truck or truck-tractor
21 shall be determined by its registered gross weight or
22 combination weight in pounds according to the following table:
23 Class Registered Fee
24 Gross or Combination
25 Weight in Pounds
26 1 5,000 or less $ 39
27 2 5,001 - 7,000 50
28 3 7,001 - 9,000 84
29 4 9,001 - 11,000 108
30 5 11,001 - 14,000 132
19750H1817B3266 - 165 -
1 6 14,001 - 17,000 156
2 7 17,001 - 21,000 192
3 8 21,001 - 26,000 216
4 9 26,001 - 30,000 252
5 10 30,001 - 33,000 300
6 11 33,001 - 36,000 324
7 12 36,001 - 40,000 342
8 13 40,001 - 44,000 360
9 14 44,001 - 48,000 384
10 15 48,001 - 52,000 420
11 16 52,001 - 56,000 444
12 17 56,001 - 60,000 500
13 18 60,001 - 64,000 552
14 19 64,001 - 68,000 576
15 20 68,001 - 73,280 606
16 § 1917. Motor buses.
17 The annual fee for registration of a motor bus shall be
18 determined by its seating capacity according to the following
19 table:
20 Seating Capacity Fee
21 26 51 or less $ 6 per seat <--
22 27 - 51 $156 plus $7 per <--
23 seat in excess of 26
24 52 or more $360
25 § 1918. School buses.
26 The annual fee for registration of a school bus shall be $24.
27 § 1919. Electric vehicles.
28 The annual fee for registration of a vehicle which is
29 propelled by electric power shall be $12.
30 § 1920. Trailers. and semi-trailers. <--
19750H1817B3266 - 166 -
1 The annual fee for registration of a trailer or semi-trailer <--
2 shall be determined by its registered gross weight according to
3 the following table:
4 Registered Gross Fee
5 Weight in Pounds
6 3,000 or less $ 6
7 3,001 - 10,000 12
8 10,001 or more 25 <--
9 27
10 § 1921. Special mobile equipment.
11 The annual fee for registration of special mobile equipment
12 shall be $24.
13 § 1922. Antique vehicles. <--
14 The fee for registration of an antique motor vehicle shall be
15 $50.
16 § 1922. IMPLEMENTS OF HUSBANDRY. <--
17 THE ANNUAL FEE FOR AN IMPLEMENT OF HUSBANDRY SHALL BE $10.
18 § 1923. Classic ANTIQUE AND CLASSIC vehicles. <--
19 The fee for registration of a AN ANTIQUE OR classic motor <--
20 vehicle shall be $50 $24. <--
21 § 1924. Farm trucks.
22 The annual fee for registration of a farm truck shall be $25 <--
23 $27.
24 § 1925. Ambulances, taxis and hearses.
25 The annual fee for registration of an ambulance, taxi or
26 hearse shall be $36.
27 § 1926. Dealers and miscellaneous motor vehicle business.
28 (a) General rule.--The annual fee for a dealer registration
29 plate or miscellaneous motor vehicle business plate shall be
30 $24.
19750H1817B3266 - 167 -
1 (b) Motorcycle dealers.--The annual fee for each dealer
2 registration plate issued to a motorcycle dealer other than a
3 motor-driven cycle dealer shall be $12.
4 (c) Motor-driven cycle dealers.--The annual fee for each
5 dealer registration plate issued to a motor-driven cycle dealer
6 shall be $6.
7 § 1927. Transfer of registration.
8 The fee for transfer of registration shall be $4.
9 § 1928. Processing temporary registration. TEMPORARY <--
10 REGISTRATION PLATES.
11 The fee payable by a dealer or other dispensing agent for a
12 temporary registration plate shall be $1. The charge of the
13 agent for providing an applicant with a temporary registration <--
14 PLATE shall not exceed A TOTAL OF $5. <--
15 § 1929. Replacement registration plates.
16 The fee for a replacement registration plate shall be $5. <--
17 THE DEPARTMENT SHALL NOT MAKE ANY CHARGE TO ISSUE REPLACEMENT <--
18 REGISTRATION PLATES WHERE THE APPLICANT SENDS IN AN AFFIDAVIT
19 THAT THE PLATES WERE STOLEN, DAMAGED, DESTROYED OR LOST.
20 § 1930. Special LEGISLATIVE registration plates. <--
21 The fee for a special ISSUANCE OF A LEGISLATIVE registration <--
22 plate shall be $20 which shall be in addition to the ANNUAL <--
23 registration fee. Only one payment of this fee shall be charged <--
24 for each special registration plate.
25 § 1931. PERSONAL REGISTRATION PLATES. <--
26 THE FEE FOR ISSUANCE OF A PERSONAL REGISTRATION PLATE SHALL
27 BE $20 WHICH SHALL BE IN ADDITION TO THE ANNUAL REGISTRATION
28 FEE.
29 § 1931 1932. Duplicate registration cards. <--
30 The fee for each duplicate registration card when ordered at
19750H1817B3266 - 168 -
1 the time of vehicle registration or transfer or renewal of
2 registration shall be $1. The fee for each duplicate
3 registration card issued at any other time shall be $3.
4 SUBCHAPTER C
5 PERMITS
6 Sec.
7 1941. Scope of subchapter.
8 1942. Special hauling permits as to weight and size.
9 1943. Annual hauling permits.
10 1944. Mobile homes and similar trailers.
11 1945. BOOKS OF PERMITS. <--
12 1945 1946. Movements requiring special escort. <--
13 1947. REFUND OF CERTAIN FEES. <--
14 § 1941. Scope of subchapter.
15 This subchapter prescribes fees payable to the department for
16 permits covering movements on State highways and does not limit
17 the right of local authorities to prescribe fees for permits for
18 movements on streets and highways under their jurisdiction.
19 § 1942. Special hauling permits as to weight and size.
20 (a) Overweight.--The fee for a special hauling permit for <--
21 each movement of an overweight vehicle or load shall be $15 plus
22 3¢ for each ton-mile computed by multiplying the number of tons
23 by which the actual gross weight exceeds the registered gross
24 weight times the length of the haul in miles. The portion of the
25 fee of an unused overweight permit based on ton-miles may be
26 refunded upon payment of a processing fee of $10.
27 (b) Oversize.--The fee for a special hauling permit for each
28 movement of an oversize vehicle or load shall be $15.
29 (c) Combination of oversize and overweight.--When a vehicle
30 or load is both oversize and overweight, only the higher fee
19750H1817B3266 - 169 -
1 shall be paid.
2 THE FEE FOR A SPECIAL HAULING PERMIT FOR EACH MOVEMENT OF AN <--
3 OVERWEIGHT OR OVERSIZE VEHICLE OR LOAD, OR BOTH, SHALL BE $15.
4 AN OVERWEIGHT VEHICLE SHALL BE CHARGED AN ADDITIONAL 3¢ PER TON-
5 MILE FOR THE NUMBER OF TONS BY WHICH THE GROSS WEIGHT EXCEEDS
6 THE REGISTERED GROSS WEIGHT.
7 § 1943. Annual hauling permits.
8 (a) Quarry equipment and machinery.--The annual fee for
9 operation or movement of each piece of heavy quarry equipment or
10 machinery, as provided for in section 4966 (relating to permit
11 for movement of quarry equipment), shall be $25.
12 (b) Implements of husbandry.--The annual fee for operation
13 or movement of oversize self-propelled implements of husbandry,
14 as provided for in section 4967 (relating to permit for movement
15 of implements of husbandry), shall be $20 for the first
16 implement and $5 for each additional implement.
17 (c) Equipment being manufactured.--The annual fee for
18 operation or movement of equipment being manufactured, as
19 provided for in section 4968 (relating to permit for movement of
20 equipment being manufactured), shall be $50.
21 (d) Multiple highway crossings.--The annual fee for a single
22 permit for multiple highway crossings, as provided FOR in <--
23 section 4965 (relating to single permits for multiple highway
24 crossings), shall be $25.
25 (E) VEHICLES WITH OVERSIZE TIRES.--THE ANNUAL FEE FOR <--
26 MOVEMENT OF A VEHICLE WITH OVERSIZE TIRES, AS PROVIDED FOR IN
27 SECTION 4969 (RELATING TO VEHICLES WITH OVERSIZE TIRES) SHALL BE
28 $50.
29 § 1944. Mobile homes and similar trailers.
30 (a) Fee.--The fee for a special hauling permit for a mobile <--
19750H1817B3266 - 170 -
1 home or similar trailer which exceeds the maximum size
2 prescribed in this title shall be $20.
3 (b) Books of permits.--Upon request, permits for movement of <--
4 mobile homes will be issued in booklet form, containing a
5 § 1945. BOOKS OF PERMITS. <--
6 (A) GENERAL RULE.--UPON REQUEST, PERMITS FOR MOVEMENT OF
7 OVERSIZE VEHICLES OR LOADS, THE DIMENSIONS OF WHICH DO NOT
8 EXCEED THOSE SPECIFIED BY THE DEPARTMENT, WILL BE ISSUED IN
9 BOOKLET FORM, CONTAINING A convenient number of permits. For
10 each movement, one permit shall be removed from the booklet,
11 dated, trip data entered and securely affixed to the mobile home <--
12 VEHICLE OR LOAD. <--
13 (B) PENALTY.--ANY PERSON VIOLATING ANY OF THE PROVISIONS OF <--
14 THIS SECTION IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON
15 CONVICTION, BE SENTENCED TO PAY A FINE OF $500.
16 § 1945 1946. Movements requiring special escort. <--
17 When a special escort is required, as provided for in section
18 4962 (relating to conditions of permits and security for
19 damages), the cost of the escort shall be added to the permit
20 fee. The department, the Pennsylvania State Police and local
21 authorities may establish schedules of fees for escort costs
22 based on mileage or otherwise.
23 § 1947. REFUND OF CERTAIN FEES. <--
24 THE PORTION OF THE FEE OF AN UNUSED OVERWEIGHT PERMIT BASED
25 ON TON-MILES OR THE FEE FOR AN UNUSED ESCORT, OR BOTH, MAY BE
26 REFUNDED UPON PAYMENT OF A PROCESSING FEE OF $10.
27 SUBCHAPTER D
28 MISCELLANEOUS FEES
29 Sec.
30 1951. Driver's license and learner's permit.
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1 1952. Certificate of title.
2 1953. Security interest.
3 1954. Approval of vehicle equipment and testing devices.
4 1955. Information concerning drivers and vehicles.
5 1956. Certified copies of records.
6 1957. Uncollectible checks.
7 1958. Certificate of inspection.
8 1959. Messenger service.
9 § 1951. Driver's license and learner's permit.
10 (a) Driver's license.--The annual fee for a driver's license
11 shall be $5.
12 (b) Learner's permit.--The fee for a learner's permit shall
13 be $5.
14 (C) IDENTIFICATION CARD.--THE FEE FOR AN IDENTIFICATION CARD <--
15 SHALL BE $5.
16 (c) (D) Replacement driver's license OR CARD.--The fee for a <--
17 replacement driver's license OR IDENTIFICATION CARD shaLl be $3. <--
18 (d) Identification card.--The fee for an identification card <--
19 shall be $5.
20 § 1952. Certificate of title.
21 (a) General rule.--The fee for a certificate of title shall
22 be $5.
23 (b) Duplicate certificate.--The fee for a duplicate
24 certificate of title shall be $5.
25 (c) Manufacturer's or dealer's notification.--The fee for a
26 manufacturer's or dealer's notification of acquisition of a
27 vehicle from another manufacturer or dealer for resale pursuant
28 to section 1113 (relating to transfer to or from manufacturer or
29 dealer) shall be $2.
30 § 1953. Security interest.
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1 The fee for recording or changing the amount of security
2 interest on a certificate of title shall be $5.
3 § 1954. Approval of vehicle equipment and testing devices.
4 The department is authorized to charge reasonable fees for
5 the approval of vehicle equipment and testing devices under the
6 provisions of section 4104 (relating to testing and approval of
7 equipment) except that:
8 (1) fees for other testing shall be based on the cost of
9 operating the department equipment approval program and shall
10 not exceed similar fees charged by the American Association
11 of Motor Vehicle Administrators; and
12 (2) no fee shall be charged for approval based on
13 certifications of the American Association of Motor Vehicle
14 Administrators.
15 § 1955. Information concerning drivers and vehicles.
16 (a) Registrations, titles and security interests.--The fee
17 for copies of or information relating to a registration, title
18 or security interest shall be $2.50.
19 (b) Other data and information.--The department may charge
20 to any person or governmental or quasi-governmental entity a
21 reasonable fee based on the cost to the department of compiling
22 data and statistical information upon request.
23 § 1956. Certified copies of records.
24 (a) Department records.--The fee for a certified copy of any
25 department record which the department is authorized by law to
26 furnish to the public shall be $5 for each form or supporting
27 document comprising such record.
28 (b) State police reports.--The fee for a certified
29 Pennsylvania State Police record of investigation of a vehicle
30 accident which the Pennsylvania State Police are authorized by
19750H1817B3266 - 173 -
1 this title to furnish to the public shall be $5 for each copy of
2 the Pennsylvania State Police full report of investigation.
3 § 1957. Uncollectible checks.
4 Whenever any check issued in payment of any fee or for any
5 other purpose is returned to the department as uncollectible,
6 the department or municipality shall charge a fee of $10 for
7 each driver's license, registration, replacement of tags,
8 transfer of registration, certificate of title, whether original
9 or duplicate, special hauling permit and each other unit of
10 issue by the department or municipality, plus all protest fees,
11 to the person presenting the check, to cover the cost of
12 collection.
13 § 1958. Certificate of inspection.
14 The department shall charge 25¢ for each certificate of
15 inspection.
16 § 1959. Messenger service.
17 (a) Annual registration.--The annual fee for registration of
18 a messenger service as provided for in Chapter 75 (relating to
19 messenger service) shall be $50.
20 (b) Additional places of business.--The annual fee for
21 registration of additional place of business or branch office
22 from which a messenger service may transact business shall be
23 $25.
24 (c) Transfer of location.--The fee for the transfer of
25 location of a registered place of business or branch office of a
26 messenger service during a period of registration shall be $5.
27 § 1960. FEE FOR LIMITED DRIVER'S LICENSES. <--
28 THE FEE TO APPLY FOR A LIMITED DRIVER'S LICENSE SHALL BE $25.
29 PART III
30 OPERATION OF VEHICLES
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1 Chapter
2 31. General Provisions
3 33. Rules of the Road in General
4 35. Special Vehicles and Pedestrians
5 37. Miscellaneous Provisions.
6 CHAPTER 31
7 GENERAL PROVISIONS
8 Subchapter
9 A. Obedience To and Effect of Traffic Laws
10 B. Traffic-control Devices
11 SUBCHAPTER A
12 OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
13 Sec.
14 3101. Application of part.
15 3102. Obedience to authorized persons directing traffic.
16 3103. Persons riding animals or driving animal-drawn vehicles.
17 3104. Persons working on highways.
18 3105. Drivers of emergency vehicles.
19 3106. Operators of streetcars.
20 § 3101. Application of part.
21 (a) General rule.--Except as provided in subsection (b), the
22 provisions of this part relating to the operation of vehicles
23 refer exclusively to the operation of vehicles upon highways
24 except where a different place is specifically referred to in a
25 particular provision.
26 (b) Serious traffic offenses.--The provisions of Subchapter
27 B of Chapter 37 (relating to serious traffic offenses) shall
28 apply upon highways and elsewhere throughout this Commonwealth.
29 § 3102. Obedience to authorized persons directing traffic.
30 No person shall wilfully fail or refuse to comply with any
19750H1817B3266 - 175 -
1 lawful order or direction of any uniformed police officer,
2 sheriff or constable or any appropriately attired person
3 authorized to direct, control or regulate traffic.
4 § 3103. Persons riding animals or driving animal-drawn
5 vehicles.
6 (a) General rule.--Every person riding an animal or driving
7 any animal-drawn vehicle upon a roadway shall be granted all of
8 the rights and shall be subject to all of the duties applicable
9 to the driver of a vehicle by this part, except those provisions
10 of this part which by their very nature can have no application
11 or where specifically provided otherwise.
12 (b) Limited-access highways.--No person shall ride an animal
13 or drive any animal-drawn vehicle upon a limited-access highway.
14 § 3104. Persons working on highways.
15 Unless specifically made applicable, the provisions of this
16 part, except those contained in Subchapter B of Chapter 37
17 (relating to serious traffic offenses), shall not apply to
18 persons, motor vehicles, and equipment while actually engaged in
19 work upon a highway but shall apply to such persons and vehicles
20 when traveling to or from such work.
21 § 3105. Drivers of emergency vehicles.
22 (a) General rule.--The driver of an emergency vehicle, when
23 responding to an emergency call or when in the pursuit of an
24 actual or suspected violator of the law or when responding to
25 but not upon returning from a fire alarm, may exercise the
26 privileges set forth in this section, but subject to the
27 conditions stated in this section.
28 (b) Exercise of special privileges.--The driver of an
29 emergency vehicle may:
30 (1) Park or stand, irrespective of the provisions of
19750H1817B3266 - 176 -
1 this part.
2 (2) Proceed past a red signal indication or stop sign,
3 but only after slowing down as may be necessary for safe
4 operation, except as provided in subsection (d).
5 (3) Exceed the maximum speed limits so long as the
6 driver does not endanger life or property , except as
7 provided in subsection (d).
8 (4) Disregard regulations governing direction of
9 movement or turning in specified directions.
10 (c) Audible and visual signals required.--The privileges
11 granted in this section to an emergency vehicle shall apply only
12 when the vehicle is making use of an audible signal and visual
13 signals meeting the requirements and standards set forth in
14 regulations adopted by the department, except that an emergency
15 vehicle operated as a police vehicle need not be equipped with
16 or display the visual signals.
17 (d) Limitations on ambulance operation AMBULANCES AND BLOOD- <--
18 DELIVERY VEHICLES.--The driver of an ambulance OR BLOOD-DELIVERY <--
19 VEHICLE shall comply with maximum speed limits, red signal
20 indications or AND stop signs. After ascertaining that the <--
21 ambulance OR BLOOD-DELIVERY VEHICLE will be given the right-of- <--
22 way, the ambulance driver may proceed through a red signal <--
23 indication or stop sign.
24 (e) Exercise of care.--This section does not relieve the
25 driver of an emergency vehicle from the duty to drive with due
26 regard for the safety of all persons.
27 § 3106. Operators of streetcars.
28 Every operator of a streetcar upon any roadway shall be
29 granted all of the rights and shall be subject to all of the
30 duties applicable to the driver of a vehicle by this title
19750H1817B3266 - 177 -
1 except those provisions which by their nature can have no
2 application.
3 SUBCHAPTER B
4 TRAFFIC-CONTROL DEVICES
5 Sec.
6 3111. Obedience to traffic-control devices.
7 3112. Traffic-control signals.
8 3113. Pedestrian-control signals.
9 3114. Flashing signals.
10 3115. Lane-direction-control signals.
11 § 3111. Obedience to traffic-control devices.
12 (a) General rule.--Unless otherwise directed by a uniformed
13 police officer or any appropriately attired person authorized to
14 direct, control or regulate traffic, the driver of any vehicle
15 shall obey the instructions of any applicable official traffic-
16 control device placed or held in accordance with the provisions
17 of this title, subject to the privileges granted the driver of
18 an authorized emergency vehicle in this title.
19 (b) Proper position and legibility of device.--No provision
20 of this title for which official traffic-control devices are
21 required shall be enforced against an alleged violator if at the
22 time and place of the alleged violation an official device is
23 not in proper position and sufficiently legible to be seen by an
24 ordinarily observant person. Whenever a particular section does
25 not state that official traffic-control devices are required,
26 the section shall be effective even though no devices are
27 erected or in place.
28 (c) Presumption of authorized placement.--Whenever official
29 traffic-control devices are placed or held in position
30 approximately conforming to the requirements of this title, the
19750H1817B3266 - 178 -
1 devices shall be presumed to have been so placed by the official
2 act or direction of lawful authority, unless the contrary shall
3 be established by competent evidence.
4 (d) Presumption of proper devices.--Any official traffic-
5 control device placed or held pursuant to the provisions of this
6 title and purporting to conform to the lawful requirements
7 pertaining to such devices shall be presumed to comply with the
8 requirements of this title, unless the contrary shall be
9 established by competent evidence.
10 § 3112. Traffic-control signals.
11 (a) General rule.--Whenever traffic is controlled by
12 traffic-control signals exhibiting different colored lights, or
13 colored lighted arrows, successively one at a time or in
14 combination, only the colors green, red and yellow shall be
15 used, except for special pedestrian signals carrying a word
16 legend, and the lights shall indicate and apply to drivers of
17 vehicles and pedestrians as follows:
18 (1) Green indication.--
19 (i) Vehicular traffic facing a circular green signal
20 may proceed straight through or turn right or left unless
21 a sign at such place prohibits either such turn except
22 that vehicular traffic, including vehicles turning right
23 or left, shall yield the right-of-way to other vehicles
24 and to pedestrians lawfully within the intersection or an
25 adjacent crosswalk at the time the signal is exhibited.
26 (ii) Vehicular traffic facing a green arrow signal,
27 shown alone or in combination with another indication,
28 may enter the intersection only to make the movement
29 indicated by the arrow, or such other movement as is
30 permitted by other indications shown at the same time.
19750H1817B3266 - 179 -
1 Such vehicular traffic shall yield the right-of-way to
2 pedestrians lawfully within an adjacent crosswalk and to
3 other traffic lawfully using the intersection.
4 (iii) Unless otherwise directed by a pedestrian-
5 control signal as provided in section 3113 (relating to
6 pedestrian-control signals), pedestrians facing any green
7 signal may proceed across the roadway within a crosswalk.
8 (2) Steady yellow indication.--
9 (i) Vehicular traffic facing a steady yellow signal
10 is thereby warned that the related green indication is
11 being terminated or that a red indication will be
12 exhibited immediately thereafter.
13 (ii) Unless otherwise directed by a pedestrian-
14 control signal as provided in section 3113, pedestrians
15 facing a steady yellow signal are thereby advised that
16 there is insufficient time to cross the roadway before a
17 red indication is shown and no pedestrian shall then
18 start to cross the roadway.
19 (3) Steady red indication.--
20 (i) Vehicular traffic facing a steady red signal
21 alone shall stop at a clearly marked stop line, or if
22 none, before entering the crosswalk on the near side of
23 the intersection, or if none, then before entering the
24 intersection and shall remain standing until an
25 indication to proceed is shown except as provided in
26 subparagraph (ii).
27 (ii) Unless a sign is in place prohibiting a turn,
28 vehicular traffic facing a steady red signal may enter
29 the intersection to turn right, or to turn left from a
30 one-way roadway onto a one-way roadway after stopping as
19750H1817B3266 - 180 -
1 required by subparagraph (i). Such vehicular traffic
2 shall yield the right-of-way to pedestrians lawfully
3 within an adjacent crosswalk and to other traffic
4 lawfully using the intersection.
5 (iii) Unless otherwise directed by a pedestrian-
6 control signal as provided in section 3113, pedestrians
7 facing a steady red signal alone shall not enter the
8 roadway.
9 (b) Places other than intersections.--In the event an
10 official traffic-control signal is erected and maintained at a
11 place other than an intersection, the provisions of this section
12 shall be applicable except as to those provisions which by their
13 nature can have no application. Any stop required shall be made
14 at a sign or marking on the pavement indicating where the stop
15 shall be made, but in the absence of any such sign or marking
16 the stop shall be made at the signal.
17 (c) Inoperable or malfunctioning signal.--If a traffic
18 control signal is out of operation or is not functioning
19 properly, vehicular traffic facing a:
20 (1) Green or yellow signal may proceed with caution as
21 indicated in subsection (a)(1) and (2).
22 (2) Red OR COMPLETELY UNLIGHTED signal shall stop in the <--
23 same manner as at a stop sign, and the right to proceed shall
24 be subject to the rules applicable after making a stop at a
25 stop sign as provided in section 3323 (relating to stop signs
26 and yield signs).
27 § 3113. Pedestrian-control signals.
28 (a) General rule.--Whenever special pedestrian-control
29 signals exhibiting the words "Walk" or "Don't Walk" are in
30 place, the signals shall indicate as follows:
19750H1817B3266 - 181 -
1 (1) "Walk".--Pedestrians facing the signal should
2 proceed across the roadway in the direction of the signal and
3 shall be given the right-of-way by the drivers of all
4 vehicles.
5 (2) "Don't Walk".--Pedestrians should not start to cross
6 the roadway in the direction of the signal, but any
7 pedestrian who has partially completed his crossing on the
8 "Walk" signal should proceed to a sidewalk or safety zone
9 while the "Don't Walk" signal is showing.
10 (3) Flashing "Walk".--Whenever the "Walk" indication is
11 flashing, pedestrians facing the signal are cautioned that
12 there is possible hazard from turning vehicles, but
13 pedestrians may proceed across the roadway in the direction
14 of the signal indication and shall be given the right-of-way
15 by the drivers of all vehicles.
16 (4) Flashing "Don't Walk".--Whenever the "Don't Walk"
17 indication is flashing, pedestrians should not start to cross
18 the roadway in the direction of the indication, but any
19 pedestrian who has partly completed crossing during the
20 "Walk" indication should proceed to a sidewalk or safety
21 zone, and all drivers of vehicles shall yield to the
22 pedestrian.
23 (b) Local regulation.--This section does not prohibit a
24 municipality from establishing a summary offense for violation
25 of subsection (a)(2) or (4).
26 § 3114. Flashing signals.
27 (a) General rule.--Whenever a flashing red or yellow signal
28 is used in a traffic signal or with a traffic sign it shall
29 require obedience by vehicular traffic as follows:
30 (1) Flashing red.--When a red lens is illuminated with
19750H1817B3266 - 182 -
1 rapid intermittent flashes, drivers of vehicles shall stop in
2 the same manner as at a stop sign, and the right to proceed
3 shall be subject to the rules applicable after making a stop
4 at a stop sign as provided in section 3323 (relating to stop
5 signs and yield signs).
6 (2) Flashing yellow.--When a yellow lens is illuminated
7 with rapid intermittent flashes, drivers of vehicles may
8 proceed through the intersection or past such signal only
9 with caution.
10 (b) Railroad grade crossings.--This section does not apply
11 at railroad grade crossings. Conduct of drivers of vehicles
12 approaching railroad grade crossings shall be governed by the
13 rules as set forth in section 3341 (relating to obedience to
14 signal indicating approach of train).
15 § 3115. Lane-direction-control signals.
16 When lane-direction-control signals are placed over the
17 individual lanes of a street or highway, vehicular traffic may
18 travel in any lane over which a green signal is shown, but shall
19 not enter or travel in any lane over which a red signal is
20 shown.
1 CHAPTER 33
2 RULES OF THE ROAD IN GENERAL
3 Subchapter
4 A. General Provisions
5 B. Right-of-way
6 C. Turning, Starting and Signals
7 D. Special Stops Required
8 E. Stopping, Standing and Parking
9 F. Speed Restrictions
19750H1817B3266 - 183 -
1 SUBCHAPTER A
2 GENERAL PROVISIONS
3 Sec.
4 3301. Driving on right side of roadway.
5 3302. Meeting vehicle proceeding in opposite direction.
6 3303. Overtaking vehicle on the left.
7 3304. Overtaking vehicle on the right.
8 3305. Limitations on overtaking on the left.
9 3306. Limitations on driving on left side of roadway.
10 3307. No-passing zones.
11 3308. One-way roadways and rotary traffic islands.
12 3309. Driving on roadways laned for traffic.
13 3310. Following too closely.
14 3311. Driving on divided highways.
15 3312. Limited-access highway entrances and exits.
16 3313. Restrictions on use of limited-access highways.
17 3314. Prohibiting use of hearing impairment devices.
18 § 3301. Driving on right side of roadway.
19 (a) General rule.--Upon all roadways of sufficient width, a
20 vehicle shall be driven upon the right half of the roadway
21 except as follows:
22 (1) When overtaking and passing another vehicle
23 proceeding in the same direction where permitted by the rules
24 governing such movement.
25 (2) When an obstruction exists making it necessary to
26 drive to the left of the center of the roadway, provided the
27 driver yields the right-of-way to all vehicles traveling in
28 the proper direction upon the unobstructed portion of the
29 roadway within such distance as to constitute a hazard.
30 (3) When and where official traffic-control devices are
19750H1817B3266 - 184 -
1 in place designating a lane or lanes to the left side of the
2 center of the roadway for the movement indicated by the
3 devices.
4 (4) Upon a roadway restricted to one-way traffic.
5 (5) When making a left turn as provided in sections 3322
6 (relating to vehicle turning left) and 3331 (relating to
7 required position and method of turning).
8 (b) Vehicle proceeding at less than normal speed.--Upon all
9 roadways any vehicle proceeding at less than the normal speed of
10 traffic at the time and place and under the conditions then
11 existing shall be driven in the right-hand lane then available
12 for traffic, or as close as practicable to the right-hand curb
13 or edge of the roadway, except when overtaking and passing
14 another vehicle proceeding in the same direction or when
15 preparing for a left turn at an intersection or into an alley,
16 private road or driveway. This subsection does not apply to a
17 driver who must necessarily drive in a lane other than the
18 right-hand lane to continue on his intended route.
19 § 3302. Meeting vehicle proceeding in opposite direction.
20 Drivers of vehicles proceeding in opposite directions shall
21 pass each other to the right and, upon roadways having width for
22 not more than one line of traffic in each direction, each driver
23 shall give to the other at least one-half of the main-traveled
24 portion of the roadway as nearly as possible.
25 § 3303. Overtaking vehicle on the left.
26 (a) General rule.--The following rules shall govern the
27 overtaking and passing of vehicles proceeding in the same
28 direction, subject to the limitations, exceptions and special
29 rules stated in this chapter:
30 (1) The driver of a vehicle overtaking another vehicle
19750H1817B3266 - 185 -
1 proceeding in the same direction shall pass to the left of
2 the other vehicle at a safe distance and shall stay to the
3 left of the other vehicle until safely clear of the overtaken
4 vehicle.
5 (2) Except when overtaking and passing on the right is
6 permitted, the driver of an overtaken vehicle shall not
7 increase the speed of the vehicle until completely passed by
8 the overtaking vehicle and shall give way to the right in
9 favor of the overtaking vehicle on suitable signal.
10 (b) Suitable signal defined.--Suitable signal for purposes
11 of subsection (a)(2) shall be as follows:
12 (1) At all times when head lamps are required to be
13 lighted according to section 4302 (relating to the period for
14 requiring lighted lamps), an audible signal or the
15 intermittent flashing of low and high beams except that the
16 use of high beams shall not be permitted when a vehicle is
17 approaching from the opposite direction within 500 feet.
18 (2) At all other times, an audible signal or turning
19 head lamps on and off rapidly.
20 § 3304. Overtaking vehicle on the right.
21 (a) General rule.--The driver of a vehicle may overtake and
22 pass upon the right of another vehicle only under one of the
23 following conditions:
24 (1) When the vehicle overtaken is making or about to
25 make a left turn, except that such movement shall not be made
26 by driving off the highway.
27 (2) Upon a roadway with unobstructed pavement of
28 sufficient width for two or more lines of vehicles moving
29 lawfully in the direction being traveled by the overtaken
30 vehicle, except that such movement shall not be made by
19750H1817B3266 - 186 -
1 driving off the roadway.
2 (b) Limitation.--No passing movement under this section
3 shall be made unless the movement can be made in safety.
4 § 3305. Limitations on overtaking on the left.
5 No vehicle shall be driven to the left side of the center or
6 marked center line of the roadway in overtaking and passing
7 another vehicle proceeding in the same direction unless the left
8 side is clearly visible and is free of oncoming traffic for a
9 sufficient distance ahead to permit the overtaking and passing
10 to be completely made without interfering with the operation of
11 any vehicle approaching from the opposite direction or any
12 vehicle overtaken. In every event the overtaking vehicle must
13 return to an authorized lane of travel as soon as practicable
14 and, in the event the passing movement involves the use of a
15 lane authorized for vehicles approaching from the opposite
16 direction, before coming within 200 feet of any approaching
17 vehicle.
18 § 3306. Limitations on driving on left side of roadway.
19 (a) General rule.--No vehicle shall be driven on the left
20 side of the roadway under any of the following conditions:
21 (1) When approaching or upon the crest of a grade or a
22 curve in the highway where the driver's view is obstructed
23 within such distance as to create a hazard in the event
24 another vehicle might approach from the opposite direction.
25 (2) When approaching within 100 feet of or traversing
26 any intersection or railroad grade crossing, unless otherwise
27 indicated by official traffic-control devices.
28 (3) When the view is obstructed upon approaching within
29 100 feet of any bridge, viaduct or tunnel.
30 (b) Application of section.--This section does not apply
19750H1817B3266 - 187 -
1 under the conditions described in section 3301(a)(2), (3), (4)
2 and (5) (relating to driving on right side of roadway).
3 § 3307. No-passing zones.
4 (a) Establishment and marking.--The department and local
5 authorities may determine those portions of any highway under
6 their respective jurisdictions where overtaking and passing or
7 driving on the left side of the roadway would be especially
8 hazardous and may SHALL by appropriate signs or AND markings on <--
9 the roadway indicate the beginning and end of such zones and
10 when the signs or AND markings are in place and clearly visible <--
11 to an ordinarily observant person every driver of a vehicle
12 shall obey the directions of the signs or markings. A SIGN <--
13 READING "NO PASSING ZONE AHEAD" SHALL BE POSTED AT LEAST ONE-
14 TENTH OF A MILE BEFORE THE BEGINNING OF ANY DESIGNATED NO-
15 PASSING ZONE. NO-PASSING ZONE SIGNS SHALL BE PLACED AT THE
16 BEGINNING AND END OF EACH DESIGNATED ZONE AND AT INTERVALS OF NO
17 GREATER THAN TWO-TENTHS OF A MILE FOR THE ENTIRE LENGTH OF THE
18 DESIGNATED ZONE.
19 (b) Compliance by drivers.--Where signs or AND markings are <--
20 in place to define a no-passing zone as set forth in subsection
21 (a), no driver shall at any time drive on the left side of the
22 roadway within the no-passing zone or on the left side of any
23 pavement striping designed to mark a no-passing zone throughout
24 its length.
25 (c) Construction of section.--This section does not prohibit <--
26 completion of a pass which was lawfully commenced prior to
27 entering a no-passing zone if the pass can be completed with
28 safety.
29 (d) (C) Application of section.--This section does not apply <--
30 under the conditions described in section 3301(a)(2) and (5)
19750H1817B3266 - 188 -
1 (relating to driving on right side of roadway).
2 § 3308. One-way roadways and rotary traffic islands.
3 (a) Establishment and marking.--The department and local
4 authorities with respect to highways under their respective
5 jurisdictions may designate any highway, roadway, part of a
6 roadway or specific lanes upon which vehicular traffic shall
7 proceed in one direction at all or such times as shall be
8 indicated by official traffic-control devices.
9 (b) Driving on one-way roadway.--Upon a roadway designated
10 for one-way traffic, a vehicle shall be driven only in the
11 direction designated at all or such times as shall be indicated
12 by official traffic-control devices.
13 (c) Driving around rotary traffic island.--A vehicle passing
14 around a rotary traffic island shall be driven only to the right
15 of the island.
16 § 3309. Driving on roadways laned for traffic.
17 Whenever any roadway has been divided into two or more
18 clearly marked lanes for traffic the following rules in addition
19 to all others not inconsistent therewith shall apply:
20 (1) Driving within single lane.--A vehicle shall be
21 driven as nearly as practicable entirely within a single lane
22 and shall not be moved from the lane until the driver has
23 first ascertained that the movement can be made with safety.
24 (2) Three lane roadways.--Upon a roadway which is
25 divided into three lanes and provides for two-way movement of
26 traffic, a vehicle shall not be driven in the center lane
27 except when overtaking and passing another vehicle traveling
28 in the same direction when the center lane is clear of
29 traffic within a safe distance, or in preparation for making
30 a left turn, or where the center lane is allocated
19750H1817B3266 - 189 -
1 exclusively to traffic moving in the same direction that the
2 vehicle is proceeding and the allocation is designated by
3 official traffic-control devices.
4 (3) Lanes limited to specific use.--Official traffic-
5 control devices may be erected to restrict the use of
6 specified lanes to specified classes or types of traffic or
7 vehicles, including multi-occupant vehicles or car pools, and
8 drivers of vehicles shall obey the directions of every such
9 device.
10 (4) Prohibitions against changing lanes.--Official
11 traffic-control devices may be installed prohibiting the
12 changing of lanes on a section of roadway and drivers of
13 vehicles shall obey the directions of every such device.
14 § 3310. Following too closely.
15 (a) General rule.--The driver of a motor vehicle shall not
16 follow another vehicle more closely than is reasonable and
17 prudent, having due regard for the speed of the vehicles and the
18 traffic upon and the condition of the highway.
19 (b) Combinations of vehicles and trucks.--The driver of any
20 motor vehicle drawing another vehicle or of any truck when
21 traveling upon a roadway outside of an urban district and
22 following a motor vehicle drawing another vehicle or following a
23 truck shall, whenever conditions permit, leave sufficient space
24 so that an overtaking vehicle may enter and occupy the space
25 without danger, except that this subsection does not prevent a
26 motor vehicle drawing another vehicle or prevent a truck from
27 overtaking and passing any vehicle or combination of vehicles.
28 (c) Caravans and motorcades.--Upon any roadway outside of an
29 urban district motor vehicles being driven in a caravan or
30 motorcade, whether or not towing other vehicles, shall be so
19750H1817B3266 - 190 -
1 operated as to allow sufficient space between each vehicle or
2 combination of vehicles so as to enable any other vehicle to
3 enter and occupy space without danger. This subsection does not
4 apply to funeral processions.
5 § 3311. Driving on divided highways.
6 (a) General rule.--Whenever any highway has been divided
7 into two or more roadways by leaving an intervening space,
8 physical barrier or clearly indicated dividing section so
9 constructed as to impede vehicular traffic, every vehicle shall
10 be driven only upon the right-hand roadway unless directed or
11 permitted to use another roadway by official traffic-control
12 devices, police officers or appropriately attired persons
13 authorized to direct, control or regulate traffic. No vehicle
14 shall be driven over, across or within any such dividing space,
15 barrier or section except through an opening in the physical
16 barrier or dividing section or space or at a crossover or
17 intersection as established.
18 (b) Traffic-control devices regulating turns.--Whenever
19 necessary for the protection and safety of traffic, official
20 traffic-control devices may be installed at an opening in the
21 physical barrier or dividing section or space or at a crossover
22 or intersection prohibiting or regulating a turn or turns as may
23 be necessary pursuant to the authority of this title.
24 § 3312. Limited-access highway entrances and exits.
25 No person shall drive a vehicle onto or from any limited-
26 access highway except at such entrances and exits as are
27 established by public authority.
28 § 3313. Restrictions on use of limited-access highways.
29 (a) General rule.--The department may regulate or prohibit
30 the use of any limited-access highway by any class or kind of
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1 traffic which is found to be incompatible with the normal and
2 safe movement of traffic.
3 (b) Traffic-control devices at entrances.--The department,
4 when adopting any prohibition under this section, shall erect
5 and maintain official traffic-control devices at the entrances
6 to the limited-access highway on which the prohibitions are
7 applicable and when in place no person shall disobey the
8 restrictions stated on the devices.
9 § 3314. Prohibiting use of hearing impairment devices.
10 (a) General rule.--No driver shall operate a motor vehicle <--
11 while wearing or using ONE OR MORE headphones, earphones or any <--
12 similar device which the department by regulation determines
13 would impair the ability of the driver to hear traffic sounds.
14 (b) Exception.--This section does not prohibit the use of
15 hearing aids or other devices for improving the hearing of the
16 driver.
17 SUBCHAPTER B
18 RIGHT-OF-WAY
19 Sec.
20 3321. Vehicle approaching or entering intersection.
21 3322. Vehicle turning left.
22 3323. Stop signs and yield signs.
23 3324. Vehicle entering or crossing roadway.
24 3325. Duty of driver on approach of emergency vehicle.
25 3326. Duty of driver in construction and maintenance areas.
26 § 3321. Vehicle approaching or entering intersection.
27 (a) General rule.--When two vehicles approach or enter an
28 intersection from different highways at approximately the same
29 time, the driver of the vehicle on the left shall yield the
30 right-of-way to the vehicle on the right.
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1 (b) Exception.--The right-of-way rule declared in subsection
2 (a) is modified at through highways and otherwise as stated in
3 this part.
4 § 3322. Vehicle turning left.
5 The driver of a vehicle intending to turn left within an
6 intersection or into an alley, private road or driveway shall
7 yield the right-of-way to any vehicle approaching from the
8 opposite direction which is so close as to constitute a hazard.
9 § 3323. Stop signs and yield signs.
10 (a) Intersections controlled by signs.--Preferential right-
11 of-way at an intersection may be indicated by stop signs or
12 yield signs as authorized in section 6124 (relating to erection
13 of traffic-control devices at intersections).
14 (b) Duties at stop signs.--Except when directed to proceed
15 by a police officer or appropriately attired persons authorized
16 to direct, control or regulate traffic, every driver of a
17 vehicle approaching a stop sign shall stop at a clearly marked
18 stop line or, if none, before entering a crosswalk on the near
19 side of the intersection or, if none, then at the point nearest
20 the intersecting roadway where the driver has a view of
21 approaching traffic on the intersecting roadway before entering.
22 After having stopped, the driver shall yield the right-of-way to
23 any pedestrian in a crosswalk or to any vehicle in the
24 intersection or approaching on another roadway so closely as to
25 constitute a hazard during the time when the driver is moving
26 across or within the intersection or junction of roadways.
27 (c) Duties at yield signs.--The driver of a vehicle
28 approaching a yield sign shall in obedience to the sign slow
29 down to a speed reasonable for the existing conditions and, if
30 required for safety to stop, shall stop before entering a
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1 crosswalk on the near side of the intersection or, if none, then
2 at the point nearest the intersecting roadway where the driver
3 has a view of approaching traffic on the intersecting roadway
4 before entering. After slowing down or stopping, the driver
5 shall yield the right-of-way to any vehicle in the intersection
6 or approaching on another roadway so closely as to constitute a
7 hazard during the time the driver is moving across or within the
8 intersection or junction of roadways. If a driver is involved in
9 a collision with a vehicle in the intersection or junction of
10 roadways after driving past a yield sign, the collision shall be
11 deemed prima facie evidence of failure of the driver to yield
12 the right-of-way.
13 § 3324. Vehicle entering or crossing roadway.
14 The driver of a vehicle about to enter or cross a roadway
15 from any place other than another roadway shall yield the right-
16 of-way to all vehicles approaching on the roadway to be entered
17 or crossed.
18 § 3325. Duty of driver on approach of emergency vehicle.
19 (a) General rule.--Upon the immediate approach of an
20 emergency vehicle making use of an audible signal and visual
21 signals meeting the requirements and standards set forth in
22 regulations adopted by the department, or of a police vehicle
23 properly and lawfully making use of an audible signal only, the
24 driver of every other vehicle shall yield the right-of-way and
25 shall immediately drive to a position parallel to, and as close
26 as possible to, the right-hand edge or curb of the roadway clear
27 of any intersection and shall stop and remain in that position
28 until the emergency vehicle has passed, except when otherwise
29 directed by a police officer. On one-way roadways a driver may
30 comply by driving to the edge or curb which is nearest to the
19750H1817B3266 - 194 -
1 lane in which he is traveling.
2 (b) Duty of operator of streetcar.--Upon the approach of an
3 emergency vehicle, the operator of every streetcar shall
4 immediately stop the streetcar clear of any intersection and
5 remain in that position until the emergency vehicle has passed,
6 except when otherwise directed by a police officer.
7 § 3326. Duty of driver in construction and maintenance areas.
8 (a) Areas indicated by traffic-control devices.--The driver
9 of a vehicle shall yield the right-of-way to any authorized
10 vehicle or pedestrian actually engaged in work upon a highway
11 within any highway or utility construction or maintenance area
12 indicated by official traffic-control devices.
13 (b) Work vehicles displaying flashing lights.--The driver of
14 a vehicle shall yield the right-of-way to any authorized vehicle
15 obviously and actually engaged in work upon a highway whenever
16 the vehicle displays flashing lights meeting the requirements
17 and regulations promulgated by the department.
18 SUBCHAPTER C
19 TURNING, STARTING AND SIGNALS
20 Sec.
21 3331. Required position and method of turning.
22 3332. Limitations on turning around.
23 3333. Moving stopped or parked vehicle.
24 3334. Turning movements and required signals.
25 3335. Signals by hand and arm or signal lamps.
26 3336. Method of giving hand and arm signals.
27 § 3331. Required position and method of turning.
28 (a) Right turn.--The driver of a vehicle intending to turn
29 right shall approach the turn and make the turn as close as
30 practicable to the right-hand curb or edge of the roadway.
19750H1817B3266 - 195 -
1 (b) Left turn.--The driver of a vehicle intending to turn
2 left shall approach the turn in the extreme left-hand lane
3 lawfully available to traffic moving in the direction of travel
4 of the vehicle. Whenever practicable, the left turn shall be
5 made to the left of the center of the intersection and so as to
6 leave the intersection or location in the extreme left-hand lane
7 lawfully available to traffic moving in the same direction as
8 the vehicle on the roadway being entered.
9 (c) Compliance with traffic-control devices.--The department
10 and local authorities on highways under their respective
11 jurisdictions may cause official traffic-control devices to be
12 placed and thereby require and direct that a different course
13 from that specified in this section be traveled by turning
14 vehicles and when the devices are so placed no driver shall turn
15 a vehicle other than as directed and required by the devices.
16 (d) Two-way left turn lanes.--Where a special lane for
17 making left turns by drivers proceeding in opposite directions
18 has been indicated by official traffic-control devices:
19 (1) A left turn shall not be made from any other lane.
20 (2) A vehicle shall not be driven in the lane except
21 when preparing for or making a left turn from or into the
22 roadway or when preparing for or making a U turn when
23 otherwise permitted by law.
24 § 3332. Limitations on turning around.
25 (a) General rule.--The driver of any vehicle shall not turn
26 the vehicle so as to proceed in the opposite direction unless
27 the movement can be made in safety and without interfering with
28 other traffic.
29 (b) Turns on curves or grades.--No vehicle shall be turned
30 so as to proceed in the opposite direction upon any curve, or
19750H1817B3266 - 196 -
1 upon the approach to or near the crest of a grade, where the
2 vehicle cannot be seen by the driver of any other vehicle
3 approaching from either direction within 500 feet.
4 § 3333. Moving stopped or parked vehicle.
5 No person shall move a vehicle which is stopped, standing or
6 parked unless and until the movement can be made with reasonable
7 safety.
8 § 3334. Turning movements and required signals.
9 (a) General rule.--Upon a roadway no person shall turn a
10 vehicle or move from one traffic lane to another or enter the
11 traffic stream from a parked position unless and until the
12 movement can be made with reasonable safety nor without giving
13 an appropriate signal in the manner provided in this section.
14 (b) Signals on turning and starting.--At speeds of less than
15 35 miles per hour, an appropriate signal of intention to turn
16 right or left shall be given continuously during not less than
17 the last 100 feet traveled by the vehicle before turning. The
18 signal shall be given during not less than the last 300 feet at
19 speeds in excess of 35 miles per hour. The signal shall also be
20 given prior to entry of the vehicle into the traffic stream from
21 a parked position.
22 (c) Signals on stopping or decreasing speed.--No person
23 shall stop or suddenly decrease the speed of a vehicle without
24 first giving an appropriate signal in the manner provided in
25 this subchapter to the driver of any vehicle to the rear when
26 there is opportunity to give the signal.
27 (d) Limitations on use of certain signals.--The signals
28 required on vehicles by section 3335(b) (relating to signals by
29 hand and arm or signal lamps) shall not be flashed on one side
30 only on a disabled vehicle, flashed as a courtesy or "do pass"
19750H1817B3266 - 197 -
1 signal to operators of other vehicles approaching from the rear,
2 nor be flashed on one side only of a parked vehicle except as
3 may be necessary for compliance with this section.
4 (e) Discontinuing turn signals.--Turn signals shall be
5 discontinued immediately after completing the turn or movement
6 from one traffic lane to another traffic lane.
7 § 3335. Signals by hand and arm or signal lamps.
8 (a) General rule.--Any stop or turn signal shall be given
9 either by means of the hand and arm or by signal lamps, except
10 as otherwise provided in subsection (b).
11 (b) Required signals by signal lamps.--Any motor vehicle in
12 use on a highway shall be equipped with, and required signal
13 shall be given by, signal lamps when the distance from the
14 center of the top of the steering post to the left outside limit
15 of the body, cab or load of the motor vehicle exceeds 24 inches,
16 or when the distance from the center of the top of the steering
17 post to the rear limit of the body or load exceeds 14 feet. The
18 latter measurement shall apply to any single vehicle and to any
19 combination of vehicles.
20 (c) Exception.--This section does not apply to a motor
21 vehicle registered as an antique or classic vehicle which was
22 not originally equipped with signal lamps.
23 § 3336. Method of giving hand and arm signals.
24 All signals given by hand and arm shall be given from the
25 left side of the vehicle in the following manner and the signals
26 shall indicate as follows:
27 (1) For a left turn, the hand and arm shall be extended
28 horizontally.
29 (2) For a right turn, the hand and arm shall be extended
30 upward.
19750H1817B3266 - 198 -
1 (3) To stop or decrease speed, the hand and arm shall be
2 extended downward.
3 SUBCHAPTER D
4 SPECIAL STOPS REQUIRED
5 Sec.
6 3341. Obedience to signal indicating approach of train.
7 3342. Vehicles required to stop at railroad crossings.
8 3343. Moving heavy equipment at railroad grade crossings.
9 3344. Emerging from alley, driveway or building.
10 3345. Meeting or overtaking school bus.
11 § 3341. Obedience to signal indicating approach of train.
12 (a) General rule.--Whenever any person driving a vehicle
13 approaches a railroad grade crossing under any of the
14 circumstances stated in this section, the driver of the vehicle
15 shall stop within 50 feet but not less than 15 feet from the
16 nearest rail of the railroad and shall not proceed until it can
17 be done safely. The foregoing requirements shall apply upon the
18 occurrence of any of the following circumstances:
19 (1) A clearly visible electric or mechanical signal
20 device gives warning of the immediate approach of a railroad
21 train.
22 (2) A crossing gate is lowered or a flagman gives or
23 continues to give a signal of the approach or passage of a
24 railroad train.
25 (3) A railroad train approaching within approximately
26 1,500 feet of the highway crossing emits a signal audible
27 from that distance and the railroad train, by reason of its
28 speed or nearness to the crossing, is a hazard.
29 (4) An approaching railroad train is plainly visible and
30 is in hazardous proximity to the crossing.
19750H1817B3266 - 199 -
1 (b) Compliance with crossing gate or barrier.--
2 (1) No person shall drive any vehicle through, around or
3 under any crossing gate or barrier at a railroad crossing
4 while the gate or barrier is closed.
5 (2) No person shall start to drive a vehicle through,
6 around or under a gate or barrier at the entrance to a
7 railroad crossing while the gate or barrier is being opened
8 or closed.
9 § 3342. Vehicles required to stop at railroad crossings.
10 (a) General rule.--Except as provided in subsection (b), the
11 driver of any vehicle described in regulations issued pursuant
12 to subsection (c), before crossing at grade any track or tracks
13 of a railroad, shall stop the vehicle within 50 feet but not
14 less than 15 feet from the nearest rail of the railroad and
15 while so stopped shall listen and look in both directions along
16 the track for any approaching train, and for signals indicating
17 the approach of a train, and shall not proceed until it can be
18 done safely. After stopping and upon proceeding when it is safe
19 to do so the driver of the vehicle shall cross only in such gear
20 of the vehicle that there will be no necessity for manually
21 changing gears while traversing the crossing and the driver
22 shall not manually shift gears while crossing the track or
23 tracks.
24 (b) Exceptions.--This section does not apply at any of the
25 following:
26 (1) Any railroad grade crossing at which traffic is
27 controlled by a police officer or flagman.
28 (2) Any railroad grade crossing at which traffic is
29 regulated by a traffic control signal.
30 (3) Any railroad grade crossing protected by crossing
19750H1817B3266 - 200 -
1 gates or an alternately flashing light signal intended to
2 give warning of the approach of a railroad train.
3 (4) Any railroad grade crossing at which an official
4 traffic-control device gives notice that the stopping
5 requirement imposed by this section does not apply.
6 (c) Regulations defining vehicles subject to section.--The
7 department shall adopt such regulations as may be necessary
8 describing the vehicles which must comply with the stopping
9 requirements of this section. In formulating the regulations,
10 the department shall give consideration to the hazardous nature
11 of any substance carried by the vehicle as determined by the
12 Hazardous Substances Transportation Board and to the number of
13 passengers carried by the vehicle in determining whether the
14 vehicle shall be required to stop. These regulations shall be
15 developed in conjunction with the Pennsylvania Public Utility
16 Commission AND THE URBAN MASS TRANSPORTATION AUTHORITY and shall <--
17 correlate with and so far as possible conform to the current
18 regulations of the United States Department of Transportation.
19 § 3343. Moving heavy equipment at railroad grade crossings.
20 (a) General rule.--No person shall operate or move any
21 crawler-type tractor, power shovel, derrick, roller or any
22 equipment or structure having a normal operating speed of ten or
23 less miles per hour or a vertical body or load clearance of less
24 than one-half inch per foot of the distance between any two
25 adjacent axles or in any event of less than nine inches measured
26 above the level surface of a roadway, upon or across any tracks
27 at a railroad grade crossing without first complying with this
28 section.
29 (b) Notice of intended crossing.--Notice of any intended
30 crossing shall be given to an authorized representative of the
19750H1817B3266 - 201 -
1 railroad and a reasonable time be given to the railroad to
2 provide proper protection at the crossing.
3 (c) Stopping at crossing.--Before making any crossing, the
4 person operating or moving the vehicle or equipment shall first
5 stop the vehicle or equipment not less than 15 feet nor more
6 than 50 feet from the nearest rail of the railroad and while so
7 stopped shall listen and look in both directions along the track
8 for any approaching train and for signals indicating the
9 approach of a train, and shall not proceed until the crossing
10 can be made safely.
11 (d) Movement over crossing.--No crossing shall be made when
12 warning is given by automatic signal or crossing gates or a
13 flagman or otherwise of the immediate approach of a railroad
14 train or car. Movement over a crossing shall be under the
15 direction of any flagman provided by the railroad.
16 § 3344. Emerging from alley, driveway or building.
17 Unless otherwise directed by official traffic-control devices
18 erected in accordance with provisions of Subchapter B of Chapter
19 31 (relating to traffic-control devices), the driver of a
20 vehicle emerging from an alley, building, private road or
21 driveway within an urban district shall stop the vehicle
22 immediately prior to driving onto a sidewalk or onto the
23 sidewalk area extending across the alley, building entrance,
24 private road or driveway or, in the event there is no sidewalk
25 area, shall stop at the point nearest the street to be entered
26 where the driver has a view of approaching traffic.
27 § 3345. Meeting or overtaking school bus.
28 (a) Duty of approaching driver when red signals are
29 flashing.--Except as provided in subsection (g), the driver of a
30 vehicle meeting or overtaking any school bus stopped on the
19750H1817B3266 - 202 -
1 highway shall stop before reaching the school bus when the red
2 signal lights on the school bus are flashing. The driver shall
3 not proceed until the flashing red signal lights are no longer
4 actuated. In no event shall a driver of a vehicle resume motion
5 of the vehicle until the school children who may have alighted
6 from the school bus have reached a place of safety.
7 (b) Duty of approaching driver when amber signals are
8 flashing.--The driver of a vehicle meeting or overtaking any
9 school bus shall proceed past the school bus with caution and
10 shall be prepared to stop when the amber signal lights are
11 flashing.
12 (c) Use of red signals.--The red visual signals shall be
13 actuated by the driver of every school bus whenever the vehicle
14 is stopped on the highway for the purpose of receiving or
15 discharging school children, except as provided in subsections
16 (e) and (f). The signals shall not be terminated until the
17 school children who may have alighted from the school bus have
18 reached a place of safety or until boarding school children have
19 completed boarding the bus.
20 (d) Use of amber signals.--The amber visual signals shall be
21 actuated by the driver of every school bus not more than 300
22 feet nor less than 150 feet prior to making a stop for the
23 purpose of receiving or discharging school children and shall
24 remain in operation until the red visual signals are actuated.
25 Amber signals shall not be used unless the red visual signals
26 are to be actuated immediately following.
27 (e) Limitations on use of signals.--The visual signals
28 required in the regulations shall not be actuated on streets in
29 urban districts designated by the department or local
30 authorities, at intersections or other places where traffic is
19750H1817B3266 - 203 -
1 controlled by uniformed police officers or appropriately attired
2 persons authorized to direct, control or regulate traffic, or in
3 school bus loading areas designated by the department or local
4 authorities when the bus is entirely off the roadway.
5 (f) Operation for nonschool purposes.--When a school bus is
6 being operated upon a highway for purposes other than the actual
7 transportation of school children to or from school or in
8 connection with school activities, all markings indicating
9 "SCHOOL BUS" shall be covered or concealed. During such
10 operation, the flashing visual signals shall not be actuated.
11 (g) Exceptions from stopping requirements.--The driver of a
12 vehicle upon a highway with separate roadways need not stop upon
13 meeting or passing a school bus with actuated red signal lights
14 which is on a different roadway.
15 (h) Loading zones for school children.--Every school
16 district transporting school children by school bus shall
17 establish and maintain school bus loading zones at or near all
18 schools to or from which school children are transported and
19 shall establish school bus loading zones along the highways
20 traversed by school buses in accordance with regulations
21 promulgated by the department.
22 (i) Mandatory use of loading zones.--Whenever school bus
23 loading zones have been established at or near a school or along
24 a highway, it is unlawful for a school bus operator to stop the
25 bus to pick up or discharge school children at any location
26 other than at the loading zones. A list of approved loading
27 zones for the route of the bus shall be carried by the operator.
28 (j) Penalty.--Any person violating subsection (a) is guilty
29 of a summary offense and shall, upon conviction, be sentenced to
30 pay a fine of $100. $50. <--
19750H1817B3266 - 204 -
1 SUBCHAPTER E
2 STOPPING, STANDING AND PARKING
3 Sec.
4 3351. Stopping, standing and parking outside business and
5 residence districts.
6 3352. Removal of vehicle by or at direction of police.
7 3353. Prohibitions in specified places.
8 3354. Additional parking regulations.
9 § 3351. Stopping, standing and parking outside business and
10 residence districts.
11 (a) General rule.--Outside a business or residence district,
12 no person shall stop, park or stand any vehicle, whether
13 attended or unattended, upon the roadway when it is practicable
14 to stop, park or stand the vehicle off the roadway. In the event
15 it is necessary to stop, park or stand the vehicle on the
16 roadway or any part of the roadway, an unobstructed width of the
17 highway opposite the vehicle shall be left for the free passage
18 of other vehicles and the vehicle shall be visible from a
19 distance of 500 feet in each direction upon the highway.
20 (b) Exception for disabled vehicles.--This section and
21 sections 3353 (relating to prohibitions in specified places) and
22 3354 (relating to additional parking regulations) do not apply
23 to the driver of any vehicle which is disabled in such a manner
24 and to such an extent that it is impossible to avoid stopping
25 and temporarily leaving the vehicle in that position.
26 § 3352. Removal of vehicle by or at direction of police.
27 (a) Outside business and residence districts.--Whenever any
28 police officer finds a vehicle in violation of any of the
29 provisions of section 3351 (relating to stopping, standing and
30 parking outside business and residence districts), the officer
19750H1817B3266 - 205 -
1 may move the vehicle, or cause the vehicle to be moved, or
2 require the driver or other person in charge of the vehicle to
3 move the vehicle, to a position off the roadway WHERE THE <--
4 VEHICLE WILL NOT INTERFERE UNDULY WITH THE NORMAL MOVEMENT OF
5 TRAFFIC OR CONSTITUTE A SAFETY HAZARD.
6 (b) Unattended vehicle obstructing traffic.--Any police
7 officer may remove or cause to be removed to a place of safety
8 any unattended vehicle illegally left standing upon any highway,
9 bridge, causeway or in any tunnel, in such position or under
10 such circumstances as to obstruct INTERFERE UNDULY WITH the <--
11 normal movement of traffic OR CONSTITUTE A SAFETY HAZARD. <--
12 (c) Removal to garage or place of safety.--Any police
13 officer may remove or cause to be removed to a nearby garage or
14 other place of safety any vehicle found upon a highway under any
15 of the following circumstances:
16 (1) Report has been made that the vehicle has been
17 stolen or taken without the consent of its owner.
18 (2) The person or persons in charge of the vehicle are
19 physically unable to provide for the custody or removal of
20 the vehicle.
21 (3) The person driving or in control of the vehicle is
22 arrested for an alleged offense for which the officer is
23 required by law to take the person arrested before an issuing
24 authority without unnecessary delay.
25 (4) The vehicle is in violation of section 3353
26 (relating to prohibitions in specified places) except for
27 overtime parking.
28 (5) The vehicle has been abandoned as defined in this
29 title. The officer shall comply with the provisions of
30 subsection (d) and Chapter 73 (relating to abandoned vehicles
19750H1817B3266 - 206 -
1 and cargos).
2 (d) Notice to owner prior to removal.--
3 (1) Prior to removal of an abandoned vehicle bearing a
4 registration plate by which the last registered owner of the
5 vehicle can be determined, notice shall be sent by certified
6 mail to the last registered owner of the vehicle informing
7 the owner that unless the vehicle is moved to a suitable
8 location within five days of the date notice is mailed, the
9 vehicle will be removed under this section and held at a
10 suitable facility where it may be reclaimed by the owner in
11 accordance with the provisions of section 7306 (relating to
12 payment of costs upon reclaiming vehicle). If the abandoned
13 motor vehicle does not bear an identifiable registration
14 plate, the notice may be secured to the vehicle.
15 (2) If, within the five-day period, the owner so
16 requests, the owner shall be given an opportunity to explain
17 to the police officer or department why the owner believes
18 the vehicle should not be moved. If the police officer or
19 department determines that the vehicle shall, nonetheless, be
20 moved, the owner shall be given an additional 48 hours to
21 move the vehicle or have it moved.
22 (3) The provision for notice set forth in this
23 subsection is in addition to any other notice requirements
24 provided in Chapter 73.
25 § 3353. Prohibitions in specified places.
26 (a) General rule.--Except when necessary to avoid conflict
27 with other traffic or to protect the safety of any person or
28 vehicle or in compliance with law or the directions of a police
29 officer or official traffic-control device, no person shall:
30 (1) Stop, stand or park a vehicle:
19750H1817B3266 - 207 -
1 (i) On the roadway side of any vehicle stopped or
2 parked at the edge or curb of a street EXCEPT THAT A <--
3 PEDALCYCLE MAY BE PARKED AS PROVIDED IN SECTION
4 3509(B)(2) (RELATING TO PARKING).
5 (ii) On a sidewalk EXCEPT THAT A PEDALCYCLE MAY BE <--
6 PARKED AS PROVIDED IN SECTION 3509(B)(2).
7 (iii) Within an intersection.
8 (iv) On a crosswalk.
9 (v) Between a safety zone and the adjacent curb
10 within 30 feet of points on the curb immediately opposite
11 the ends of a safety zone, unless a different length is
12 indicated by official traffic-control devices.
13 (vi) Alongside or opposite any street excavation or
14 obstruction when stopping, standing or parking would
15 obstruct traffic.
16 (vii) Upon any bridge or other elevated structure
17 upon a highway or within a highway tunnel.
18 (viii) On any railroad tracks.
19 (ix) In the area between roadways of a divided
20 highway, including crossovers.
21 (x) At any place where official signs prohibit
22 stopping.
23 (2) Stand or park a vehicle:
24 (i) In front of a public or private driveway.
25 (ii) Within 15 feet of a fire hydrant.
26 (iii) Within 20 feet of a crosswalk at an
27 intersection.
28 (iv) Within 30 feet upon the approach to any
29 flashing signal, stop sign, yield sign or traffic-control
30 signal located at the site of a roadway.
19750H1817B3266 - 208 -
1 (v) Within 20 feet of the driveway entrance to any
2 fire station or, when properly sign posted, on the side
3 of a street opposite the entrance to any fire station
4 within 75 feet of the entrance.
5 (vi) Where the vehicle would prevent the free
6 movement of a streetcar.
7 (vii) On a limited-access highway unless authorized
8 by official traffic-control devices.
9 (viii) At any place where official signs prohibit
10 standing.
11 (3) Park a vehicle:
12 (i) Within 50 feet of the nearest rail of a railroad
13 crossing.
14 (ii) At any place where official signs prohibit
15 parking.
16 (b) Unattended vehicle on private property.--No person shall
17 park or leave unattended a vehicle on private property without
18 the consent of the owner or other person in control or
19 possession of the property except in the case of emergency or
20 disablement of the vehicle, in which case the operator shall
21 arrange for the removal of the vehicle as soon as possible.
22 (c) Property owner may remove vehicle.--The owner or other
23 person in charge or possession of any property on which a
24 vehicle is parked or left unattended in violation of the
25 provisions of subsection (b) may remove or have removed the
26 vehicle at the reasonable expense of the owner of the vehicle.
27 (d) Restrictions by appropriate authorities.--The department
28 on State-designated highways and local authorities on any
29 highway within their boundaries may by erection of official
30 traffic-control devices prohibit, limit or restrict stopping,
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1 standing or parking of vehicles on any highway where engineering
2 and traffic studies indicate that stopping, standing or parking
3 is dangerous to those using the highway WOULD CONSTITUTE A <--
4 SAFETY HAZARD or where the stopping, standing or parking of
5 vehicles would unduly interfere with the free movement of
6 traffic.
7 (e) Penalty.--Any person violating any provision of this
8 section is guilty of a summary offense and shall, upon
9 conviction, be sentenced to pay a fine of $15.
10 § 3354. Additional parking regulations.
11 (a) Two-way highways.--Except as otherwise provided in this
12 section, every vehicle standing or parked upon a two-way highway
13 shall be positioned parallel to and with the right-hand wheels
14 within 12 inches of the right-hand curb or, in the absence of a
15 curb, as close as practicable to the right edge of the right-
16 hand shoulder.
17 (b) One-way highways.--Except as otherwise provided in this
18 section, every vehicle standing or parked upon a one-way highway
19 shall be positioned parallel to the curb or edge of the highway
20 in the direction of authorized traffic movement with its right-
21 hand wheels within 12 inches of the right-hand curb or, in the
22 absence of a curb, as close as practicable to the right edge of
23 the right-hand shoulder, or with its left-hand wheels within 12
24 inches of the left-hand curb or, in the absence of a curb, as
25 close as practicable to the left edge of the left-hand shoulder.
26 (c) Angle parking.--Local authorities may permit angle
27 parking on any highway after an engineering and traffic study
28 has determined that the highway is of sufficient width to permit
29 angle parking without interfering with the free movement of
30 traffic, except that on a State-designated highway prior
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1 approval of the department shall also be obtained.
2 (d) Vehicles with handicapped registration plates.-- <--
3 HANDICAPPED PERSONS AND DISABLED VETERANS.--When a motor vehicle <--
4 bearing registration plates issued to handicapped persons or
5 disabled veterans as prescribed in this title is being operated
6 by or for the transportation of the handicapped person or
7 disabled veteran, the driver shall be relieved of any liability
8 for parking for a period of 60 minutes in excess of the legal
9 parking period permitted by local authorities except where local
10 ordinances or police regulations provide for the accommodation
11 of heavy traffic during morning, afternoon or evening hours. IN <--
12 ADDITION, AT THE REQUEST OF ANY HANDICAPPED OR DISABLED PERSON,
13 THERE SHALL BE ERECTED ON THE HIGHWAY AS CLOSE AS POSSIBLE TO
14 HIS PLACE OF RESIDENCE A SIGN OR SIGNS INDICATING THAT THAT
15 PLACE IS RESERVED FOR A HANDICAPPED OR DISABLED PERSON, THAT NO
16 OTHER PARKING IS ALLOWED THERE BY OTHERS, AND THAT ANY
17 AUTHORIZED PERSON PARKING THERE SHALL BE SUBJECT TO A FINE OF
18 $100.
19 (e) Penalty.--Any person violating subsection (a) or (b) is
20 guilty of a summary offense and shall, upon conviction, be
21 sentenced to pay a fine of $15. ANY PERSON VIOLATING SUBSECTION <--
22 (D) IS GUILTY OF A SUMMARY OFFENSE AND, SHALL, UPON CONVICTION,
23 BE SENTENCED TO PAY A FINE OF $100.
24 SUBCHAPTER F
25 SPEED RESTRICTIONS
26 Sec.
27 3361. Driving vehicle at safe speed.
28 3362. Maximum speed limits.
29 3363. Alteration of maximum limits.
30 3364. Minimum speed regulation.
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1 3365. Special speed limitations.
2 3366. Charging speed violations.
3 3367. Racing on highways.
4 3368. Speed timing devices.
5 3369. DEFENSE IN SPEED VIOLATION PROSECUTIONS. <--
6 § 3361. Driving vehicle at safe speed.
7 No person shall drive a vehicle at a speed greater than is
8 reasonable and prudent under the conditions and having regard to
9 the actual and potential hazards then existing, nor at a speed
10 greater than will permit the driver to bring his vehicle to a
11 stop within the assured clear distance ahead. Consistent with
12 the foregoing, every person shall drive at a safe and
13 appropriate speed when approaching and crossing an intersection
14 or railroad grade crossing, when approaching and going around a
15 curve, when approaching a hill crest, when traveling upon any
16 narrow or winding roadway and when special hazards exist with
17 respect to pedestrians or other traffic or by reason of weather
18 or highway conditions.
19 § 3362. Maximum speed limits.
20 (a) General rule.--Except when a special hazard exists that
21 requires lower speed for compliance with section 3361 (relating
22 to driving vehicle at safe speed), the limits specified in this
23 subsection or established under this subchapter shall be maximum
24 lawful speeds and no person shall drive a vehicle at a speed in
25 excess of the following maximum limits:
26 (1) 35 miles per hour in any urban district.
27 (2) 55 miles per hour in other locations.
28 (3) Any other maximum speed limit established under this
29 subchapter.
30 (b) Posting of speed limit.--No maximum speed limit
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1 established under subsection (a)(1) or (3) shall be effective
2 unless posted on fixed or variable official traffic-control
3 devices erected at intervals of no more than two-tenths of a <--
4 mile AND UNLESS THE BEGINNING AND END OF THE ZONE COVERED BY <--
5 SUCH SPEED LIMIT ARE SO INDICATED BY SPECIAL SIGNS APPROPRIATELY
6 PLACED. IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE DEPARTMENT <--
7 WHICH REGULATIONS SHALL REQUIRE POSTING AT THE BEGINNING AND END
8 OF EACH SPEED ZONE AND AT INTERVALS NOT GREATER THAN ONE MILE.
9 (c) Penalty.--Any person violating this section is guilty of
10 a summary offense and shall, upon conviction, be sentenced to
11 pay a fine of $35. Any person exceeding the maximum speed limit <--
12 by more than five miles per hour shall pay an additional fine of
13 $2 per mile for each mile in excess of five miles per hour over
14 the maximum speed limit. PAY A FINE OF $3 FOR EACH MILE OVER THE <--
15 SPEED LIMIT IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
16 MILES OVER SPEED LIMIT FINE
17 1 - 5 MILES $ 3 - $15
18 6 - 10 MILES 18 - 30
19 11 - 15 MILES 33 - 45
20 16 - 25 MILES 48 - 75
21 26 - 30 MILES 78 - 90
22 31 AND OVER 93 AND $3/MILE
23 § 3363. Alteration of maximum limits.
24 The department or local authorities on highways under their
25 respective jurisdictions, upon the basis of an engineering and
26 traffic investigation, may determine that the maximum speed
27 permitted under this subchapter is greater OR less than is <--
28 reasonable and safe under the conditions found to exist upon any
29 such highway or part thereof and establish a reasonable and safe
30 maximum limit. The maximum speed limit may be made effective at
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1 all times or at times indicated and may vary for different
2 weather conditions and other factors bearing on safe speeds. No
3 maximum speed greater than 55 miles per hour shall be
4 established under this section.
5 § 3364. Minimum speed regulation.
6 (a) Impeding movement of traffic prohibited.--Except when
7 reduced speed is necessary for safe operation or in compliance
8 with law, no person shall drive a motor vehicle at such a slow
9 speed as to impede the normal and reasonable movement of
10 traffic.
11 (b) Slow moving vehicle to drive off roadway.--Except when
12 reduced speed is necessary for safe operation or in compliance
13 with law, whenever any person drives a motor vehicle or animal- <--
14 drawn vehicle upon a roadway having width for not more than one
15 lane of traffic in each direction at less than the maximum
16 posted speed and at such a slow speed as to impede the normal
17 and reasonable movement of traffic, the driver shall, at the
18 first opportunity when and where it is reasonable and safe to do
19 so and after giving appropriate signal, drive completely off the
20 roadway and onto the berm or shoulder of the highway. The driver
21 may return to the roadway after giving appropriate signal only
22 when the movement can be made in safety and so as not to impede
23 the normal and reasonable movement of traffic.
24 (c) Establishment of minimum speed limits.--At any other
25 time when the department or local authorities under their
26 respective jurisdictions determine on the basis of an
27 engineering and traffic investigation that slow speeds on any
28 highway or part of a highway impede the normal and reasonable
29 movement of traffic, the department or such local authority may
30 determine and declare a minimum speed limit below which no
19750H1817B3266 - 214 -
1 person shall drive a vehicle except when necessary for safe
2 operation or in compliance with law. The minimum limit shall be
3 effective when posted upon appropriate fixed or variable signs.
4 § 3365. Special speed limitations.
5 (a) Bridges and elevated structures.--
6 (1) No person shall drive a vehicle over any bridge or
7 other elevated structure constituting a part of a highway at
8 a speed which is greater than the maximum speed which can be
9 maintained with safety to the bridge or structure when the
10 structure is posted with signs as provided in this
11 subsection.
12 (2) The department and local authorities on highways
13 under their respective jurisdictions may conduct a traffic
14 and engineering investigation of any bridge or other elevated
15 structure constituting a part of a highway, and if it shall
16 thereupon find that the structure cannot safely withstand
17 vehicles traveling at the speed otherwise permissible under
18 this title, the department or local authority shall determine
19 and declare the maximum speed of vehicles which the structure
20 can safely withstand, and shall cause or permit official
21 traffic-control devices stating the maximum speed to be
22 erected and maintained before each end of the structure.
23 (3) Upon the trial of any person charged with a
24 violation of this subsection, proof of the determination of
25 the maximum speed by the department and the existence of the
26 signs shall constitute conclusive evidence of the maximum
27 speed which can be maintained with safety to the bridge or
28 structure.
29 (b) School zones.--When passing a school zone as defined and
30 established under regulations of the department, no person shall
19750H1817B3266 - 215 -
1 drive a vehicle at a speed greater than that established for the
2 particular school zone. An official traffic-control device shall
3 indicate the beginning and end of each school zone to traffic
4 approaching in each direction. Establishment of a school zone,
5 including its location, hours of operation and speed limit,
6 shall be approved by the department.
7 (c) Hazardous grades.--The department and local authorities
8 on highways under their respective jurisdictions may conduct
9 traffic and engineering investigations on grades which are
10 considered hazardous. If the grade is determined to be
11 hazardous, vehicles having a gross weight of 24,000 pounds or <--
12 more IN EXCESS OF A DETERMINED SAFE WEIGHT may be further <--
13 limited as to maximum speed and may be required to stop before
14 proceeding downhill. The restrictions shall be indicated by
15 official traffic-control devices erected and maintained
16 according to regulations established by the department.
17 (d) Penalty.--Any person violating any provision of this
18 section is guilty of a summary offense and shall, upon
19 conviction, be sentenced to pay a fine of $35. Any person
20 exceeding a maximum speed limit established under this section
21 by more than five miles per hour shall pay an additional fine of
22 $2 per mile for each mile in excess of five miles per hour in
23 excess of the maximum speed limit.
24 § 3366. Charging speed violations.
25 In every charge of violation of a speed provision in this
26 subchapter, except for a violation of section 3361 (relating to
27 driving vehicle at safe speed), the citation or complaint shall
28 specify the speed at which the defendant is alleged to have
29 driven and the applicable speed limit.
30 § 3367. Racing on highways.
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1 (a) Definitions.--As used in this section the following
2 words and phrases shall have the meanings given to them in this
3 subsection:
4 "Drag race." The operation of two or more vehicles from a
5 point side by side at accelerating speeds in a competitive
6 attempt to outdistance each other, or the operation of one or
7 more vehicles over a common selected course, from the same point
8 to the same point, for the purpose of comparing the relative
9 speeds or power of acceleration of the vehicle or vehicles
10 within a certain distance or time limit.
11 "Race." The use of one or more vehicles in an attempt to
12 outgain, outdistance or prevent another vehicle from passing, to
13 arrive at a given destination ahead of another vehicle or
14 vehicles, or to test the physical stamina or endurance of
15 drivers over long distance driving routes.
16 (b) General rule.--No person shall drive a vehicle on a
17 highway in any race, speed competition or contest, drag race or
18 acceleration contest, test of physical endurance, exhibition of
19 speed or acceleration, or for the purpose of making a speed
20 record, and no person shall in any manner participate in any
21 such race, competition, contest, test or exhibition.
22 (c) Permits for special activities.--The department or local
23 authorities within their jurisdiction may issue permits for
24 special activities which would otherwise be prohibited by this
25 section.
26 (d) Penalty.--Any person violating this section is guilty of
27 a summary offense and shall, upon conviction, be sentenced to
28 pay a fine of $200.
29 § 3368. Speed timing devices.
30 (a) Speedometers authorized.--The rate of speed of any
19750H1817B3266 - 217 -
1 vehicle may be timed on any highway by a police officer using a
2 motor vehicle equipped with a speedometer. In ascertaining the
3 speed of a vehicle by the use of a speedometer, the speed shall
4 be timed for a distance of not less than three-tenths of a mile.
5 (b) Testing of speedometers.--The department may appoint
6 stations for testing speedometers and may prescribe regulations
7 as to the manner in which the test shall be made. Speedometers
8 shall have been tested for accuracy within a period of 60 days
9 prior to the alleged violation. A certificate from the station
10 showing that the test was made, the date of the test and the
11 degree of accuracy of the speedometer shall be competent and
12 prima facie evidence of those facts in every proceeding in which
13 a violation of this title is charged.
14 (c) Mechanical or electrical devices authorized.--The rate <--
15 of speed of any vehicle may be timed by the use of mechanical or
16 electrical speed timing devices, including radio-microwave
17 devices (commonly referred to as electronic speed meters or
18 radar), on any highway by officers of the Pennsylvania State
19 Police. No police force of a municipality or county operating
20 under a home rule charter shall use mechanical or electrical
21 timing devices unless specifically authorized to do so by
22 provisions of this title. No conviction shall be had upon
23 evidence obtained through the use of such devices unless the
24 speed recorded is six or more miles per hour in excess of the
25 legal speed limit. All new units purchased after the effective
26 date of this title including those purchased for the
27 Pennsylvania State Police shall have printed output. The
28 printout or a copy thereof produced by all such new units must
29 be made available to any defendant who requests such printout.
30 The printout shall include the time and date of the alleged
19750H1817B3266 - 218 -
1 violation.
2 (C) MECHANICAL, ELECTRICAL AND ELECTRONIC DEVICES <--
3 AUTHORIZED.--
4 (1) THE RATE OF SPEED OF ANY VEHICLE MAY BE TIMED ON ANY
5 HIGHWAY BY A POLICE OFFICER USING A MECHANICAL OR ELECTRICAL
6 SPEED TIMING DEVICE.
7 (2) ELECTRONIC DEVICES SUCH AS RADIO-MICROWAVE DEVICES
8 (COMMONLY REFERRED TO AS ELECTRONIC SPEED METERS OR RADAR)
9 MAY BE USED ONLY BY:
10 (I) MEMBERS OF THE PENNSYLVANIA STATE POLICE; AND
11 (II) MEMBERS OF A POLICE FORCE HAVING TEN OR MORE
12 SALARIED POLICE OFFICERS.
13 (d) Approval and testing of mechanical or electrical , <--
14 ELECTRICAL AND ELECTRONIC devices.--All mechanical or electrical <--
15 , ELECTRICAL OR ELECTRONIC devices shall be of a type approved <--
16 by the department, which shall appoint stations for calibrating
17 and testing the devices and may prescribe regulations as to the
18 manner in which calibrations and tests shall be made. The
19 devices shall have been tested for accuracy within a period of
20 60 days prior to the alleged violation. A certificate from the
21 station showing that the calibration and test were made within
22 the required period, and that the device was accurate, shall be
23 competent and prima facie evidence of those facts in every
24 proceeding in which a violation of this title is charged.
25 (E) POLICE TRAINING FOR MECHANICAL OR ELECTRICAL DEVICES.-- <--
26 POLICE OFFICERS OPERATING THE MECHANICAL OR ELECTRICAL DEVICES
27 SHALL BE TRAINED IN THE USE OF THE DEVICES IN A UNIFORM COURSE
28 OF INSTRUCTION PRESCRIBED BY THE PENNSYLVANIA STATE POLICE.
29 § 3369. DEFENSE IN SPEED VIOLATION PROSECUTIONS.
30 IT IS A DEFENSE TO ANY VIOLATION CHARGED UNDER THE PROVISIONS
19750H1817B3266 - 219 -
1 OF THIS SUBCHAPTER THAT THE SPEEDOMETER OF THE DRIVER'S VEHICLE
2 WAS INACCURATE AT THE TIME OF THE VIOLATION. THE DRIVER SHALL
3 PROVE THAT THE SPEEDOMETER WAS INACCURATE BY PRESENTING A
4 CERTIFICATE OF AN OFFICIAL INSPECTION STATION WHICH SHOWS THAT
5 THE SPEEDOMETER WAS TESTED FOR ACCURACY WITHIN THREE DAYS AFTER
6 THE DATE OF THE VIOLATION.
7 CHAPTER 35
8 SPECIAL VEHICLES AND PEDESTRIANS
9 Subchapter
10 A. Operation of Bicycles PEDALCYCLES <--
11 B. Special Rules for Motorcycles
12 C. Rights and Duties of Pedestrians
13 SUBCHAPTER A
14 OPERATION OF BICYCLES PEDALCYCLES <--
15 Sec.
16 3501. Applicability of traffic laws to bicycles PEDALCYCLES. <--
17 3502. Penalty for violation of subchapter.
18 3503. Responsibility of parent or guardian.
19 3504. Riding on bicycles PEDALCYCLES. <--
20 3505. Riding on roadways and bicycle PEDALCYCLE paths. <--
21 3506. Articles carried by operator.
22 3507. Lamps and other equipment on bicycles PEDALCYCLES. <--
23 3508. Bicycles PEDALCYCLES on sidewalks and bicycle <--
24 PEDALCYCLE paths. <--
25 3509. PARKING. <--
26 § 3501. Applicability of traffic laws to bicycles PEDALCYCLES. <--
27 (a) General rule.--Every person riding a bicycle PEDALCYCLE <--
28 upon a roadway shall be granted all of the rights and shall be
29 subject to all of the duties applicable to the driver of a
30 vehicle by this title, except as to special provisions in this
19750H1817B3266 - 220 -
1 subchapter and except as to those provisions of this title which
2 by their nature can have no application.
3 (b) Application of subchapter.--The provisions of this
4 subchapter apply whenever a bicycle PEDALCYCLE is operated upon <--
5 any highway or upon any path set aside for the exclusive use of
6 bicycles PEDALCYCLES subject to the exceptions stated in <--
7 subsection (a).
8 § 3502. Penalty for violation of subchapter.
9 Any person violating any provision of this subchapter is
10 guilty of a summary offense and shall, upon conviction, be
11 sentenced to pay a fine of $10.
12 § 3503. Responsibility of parent or guardian.
13 The parent of any child and the guardian of any ward shall
14 not authorize or knowingly permit the child or ward to violate
15 any of the provisions of this title relating to the operation of
16 bicycles PEDALCYCLES. <--
17 § 3504. Riding on bicycles PEDALCYCLES. <--
18 (a) Use of seat by operator.--A person propelling a bicycle <--
19 PEDALCYCLE shall not ride other than upon or astride a permanent <--
20 and regular seat attached to the bicycle PEDALCYCLE. <--
21 (b) Number of riders.--No bicycle PEDALCYCLE shall be used <--
22 to carry more persons at one time than the number for which the
23 bicycle PEDALCYCLE is designed and equipped EXCEPT THAT AN ADULT <--
24 RIDER MAY CARRY A CHILD SECURELY ATTACHED TO THE RIDER IN A BACK
25 PACK OR SLING.
26 § 3505. Riding on roadways and bicycle PEDALCYCLE paths. <--
27 (a) General rule.--Except as provided in subsection (b),
28 every person operating a bicycle PEDALCYCLE upon a roadway shall <--
29 ride as near to the right side of the roadway as practicable,
30 exercising due care when passing a standing vehicle or one
19750H1817B3266 - 221 -
1 proceeding in the same direction.
2 (b) One-way highways.--Any person operating a bicycle <--
3 PEDALCYCLE upon a roadway of a highway, which highway carries <--
4 traffic in one direction only and has two or more marked traffic
5 lanes, may ride as near the left-hand curb or edge of the
6 roadway as practicable, exercising due care when passing a
7 standing vehicle or one proceeding in the same direction.
8 (c) Limitation on riding abreast.--Persons riding bicycles <--
9 PEDALCYCLES upon a roadway shall not ride more than two abreast <--
10 except on paths or parts of roadways set aside for the exclusive
11 use of bicycles PEDALCYCLES. <--
12 (d) Use of available bicycle PEDALCYCLE paths.--Whenever a <--
13 lane or path for bicycles PEDALCYCLES has been provided as part <--
14 of a highway, bicycle PEDALCYCLE riders shall use the lane or <--
15 path and shall not use any other part of the highway. This
16 subsection does not apply when use of the bicycle PEDALCYCLE <--
17 lane or path is not possible, safe or reasonable.
18 § 3506. Articles carried by operator.
19 No person operating a bicycle PEDALCYCLE shall carry any <--
20 package, bundle or article which prevents the driver from
21 keeping at least one hand upon the handlebars.
22 § 3507. Lamps and other equipment on bicycles PEDALCYCLES. <--
23 (a) Lamps and reflectors.--Every bicycle PEDALCYCLE when in <--
24 use between sunset and sunrise shall be equipped on the front
25 with a lamp which emits a white light visible from a distance of
26 at least 500 feet to the front and with a red reflector on the
27 rear of a type approved by the department which shall be visible
28 from all distances from 100 feet to 600 feet to the rear and
29 with an amber reflector on each side. A lamp emitting a red
30 light visible from a distance of 500 feet to the rear may be
19750H1817B3266 - 222 -
1 used in addition to the red reflector. A lamp worn by the
2 operator of a bicycle PEDALCYCLE shall comply with the <--
3 requirements of this subsection if the lamp can be seen at the
4 distances specified. All lamps and reflectors shall be of a type
5 approved by the department.
6 (b) Audible signal devices.--A bicycle PEDALCYCLE may be <--
7 equipped with a device capable of giving a signal audible for a
8 distance of at least 100 feet except that a bicycle PEDALCYCLE <--
9 shall not be equipped with nor shall any person use upon a
10 bicycle PEDALCYCLE any siren. <--
11 (c) Brakes.--Every bicycle PEDALCYCLE shall be equipped with <--
12 a braking system which will stop the bicycle in 15 feet from an
13 initial speed of 15 miles per hour on a dry, level and clean
14 pavement.
15 § 3508. Bicycles PEDALCYCLES on sidewalks and bicycle <--
16 PEDALCYCLE paths. <--
17 (a) Right-of-way to pedestrians.--A person riding a bicycle <--
18 PEDALCYCLE upon a sidewalk or bicycle PEDALCYCLE path used by <--
19 pedestrians shall yield the right-of-way to any pedestrian and
20 shall give an audible signal before overtaking and passing a
21 pedestrian.
22 (b) Business districts.--A person shall not ride a bicycle <--
23 PEDALCYCLE upon a sidewalk in a business district unless <--
24 permitted by official traffic-control devices, nor when a usable
25 bicycle-only PEDALCYCLE-ONLY lane has been provided adjacent to <--
26 the sidewalk.
27 § 3509. PARKING. <--
28 (A) SIDEWALKS.--
29 (1) A PERSON MAY PARK A PEDALCYCLE ON A SIDEWALK UNLESS
30 PROHIBITED OR RESTRICTED BY AN OFFICIAL TRAFFIC-CONTROL
19750H1817B3266 - 223 -
1 DEVICE.
2 (2) A PEDALCYCLE PARKED ON A SIDEWALK SHALL NOT IMPEDE
3 THE NORMAL AND REASONABLE MOVEMENT OF PEDESTRIAN OR OTHER
4 TRAFFIC.
5 (B) ROADWAYS.--
6 (1) A PEDALCYCLE MAY BE PARKED ON THE ROADWAY AT ANY
7 ANGLE TO THE CURB OR EDGE OF THE ROADWAY AT ANY LOCATION
8 WHERE PARKING IS ALLOWED.
9 (2) A PEDALCYCLE MAY BE PARKED ON THE ROADWAY ABREAST OF
10 ANOTHER PEDALCYCLE OR PEDALCYCLES NEAR THE SIDE OF THE
11 ROADWAY AT ANY LOCATION WHERE PARKING IS ALLOWED.
12 (3) A PERSON SHALL NOT PARK A PEDALCYCLE ON A ROADWAY IN
13 SUCH A MANNER AS TO OBSTRUCT THE MOVEMENT OF A LEGALLY PARKED
14 MOTOR VEHICLE.
15 (4) IN ALL OTHER RESPECTS, PEDALCYCLES PARKED ANYWHERE
16 ON A HIGHWAY SHALL CONFORM WITH THE PROVISIONS OF SUBCHAPTER
17 E OF CHAPTER 33 (RELATING TO STOPPING, STANDING AND PARKING).
18 SUBCHAPTER B
19 SPECIAL RULES FOR MOTORCYCLES
20 Sec.
21 3521. Applicability of traffic laws to motorcycles.
22 3522. Riding on motorcycles.
23 3523. Operating motorcycles on roadways laned for traffic.
24 3524. Footrests and handlebars.
25 3525. Protective equipment for motorcycle riders.
26 § 3521. Applicability of traffic laws to motorcycles.
27 Every person operating a motorcycle shall be granted all of
28 the rights and shall be subject to all of the duties applicable
29 to the driver of any other vehicle under this title, except as
30 to special provisions in this subchapter and except as to those
19750H1817B3266 - 224 -
1 provisions of this title which by their nature can have no
2 application.
3 § 3522. Riding on motorcycles.
4 (a) Use of seat by operator and passengers.--A person
5 operating a motorcycle shall ride only upon the permanent and
6 regular seat attached to the motorcycle, and the operator shall
7 not carry any other person nor shall any other person ride on a
8 motorcycle unless the motorcycle is designed to carry more than
9 one person, in which event a passenger may ride upon the
10 permanent and regular seat if designed for two persons, or upon
11 another seat firmly attached to the motorcycle at the rear or
12 side of the operator. In no event shall a passenger sit in front
13 of the operator of the motorcycle.
14 (b) Method of seating.--Unless in a sidecar, a person shall
15 ride upon a motorcycle only while sitting astride the seat,
16 facing forward, with one leg on each side of the motorcycle.
17 (c) Articles carried by operator.--No person shall operate a
18 motorcycle while carrying any package, bundle or other article
19 which prevents him from keeping both hands on the handlebars.
20 (d) Interference with operation.--No operator shall carry
21 any person, nor shall any person ride, in a position that will
22 interfere with the operation or control of the motorcycle or the
23 view of the operator.
24 § 3523. Operating motorcycles on roadways laned for traffic.
25 (a) Right to use of lane.--All motorcycles are entitled to
26 full use of a lane and no motor vehicle shall be driven in such
27 a manner as to deprive any motorcycle of the full use of a lane.
28 (b) Overtaking and passing.--The operator of a motorcycle
29 shall not overtake and pass in the same lane occupied by the
30 vehicle being overtaken.
19750H1817B3266 - 225 -
1 (c) Operation between lanes or vehicles.--No person shall
2 operate a motorcycle between lanes of traffic or between
3 adjacent lines or rows of vehicles.
4 (d) Limitation on operating abreast.--Motorcycles shall not
5 be operated more than two abreast in a single lane.
6 (e) Limited access highways.--No motorized bicycle <--
7 PEDALCYCLE shall be operated on any limited access highway. <--
8 (f) Exception for police officers.--Subsections (b) and (c)
9 do not apply to police officers in the performance of their
10 official duties.
11 § 3524. Footrests and handlebars.
12 (a) Passengers.--Any motorcycle carrying a passenger, other
13 than in a sidecar or enclosed cab, shall be equipped with
14 footrests and handhold for the passenger.
15 (b) Height of handlebars.--No person shall operate any
16 motorcycle with handlebars above shoulder-height of the operator
17 while properly seated upon the motorcycle.
18 § 3525. Protective equipment for motorcycle riders.
19 (a) Protective headgear.--No person shall operate or ride
20 upon a motorcycle or a motor-driven cycle (other than a
21 motorized bicycle PEDALCYCLE) unless he is wearing protective <--
22 headgear which complies with standards established by the
23 department.
24 (b) Eye-protective devices.--No person shall operate or ride
25 upon a motorcycle unless he is wearing an eye-protective device
26 of a type approved by the department.
27 (c) Approval of equipment.--The department may approve or
28 disapprove protective headgear and eye-protective devices
29 required under this section and may issue and enforce
30 regulations establishing standards and specifications for the
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1 approval of the headgear and devices. The department shall
2 publish lists of all protective headgear and eye-protective
3 devices by name and type which have been approved.
4 SUBCHAPTER C
5 RIGHTS AND DUTIES OF PEDESTRIANS
6 Sec.
7 3541. Obedience of pedestrians to traffic-control devices and
8 regulations.
9 3542. Right-of-way of pedestrians in crosswalks.
10 3543. Pedestrians crossing at other than crosswalks.
11 3544. Pedestrians walking along or on highway.
12 3545. Pedestrians soliciting rides or business.
13 3546. Driving through or around safety zone.
14 3547. Right-of-way of pedestrians on sidewalks.
15 3548. Pedestrians to yield to authorized emergency vehicles.
16 3549. Blind pedestrians.
17 3550. Pedestrians under influence of alcohol or controlled
18 substance.
19 3551. Compliance with bridge and railroad warning signals.
20 3552. Penalty for violation of subchapter.
21 § 3541. Obedience of pedestrians to traffic-control devices and
22 regulations.
23 (a) Traffic-control devices.--A pedestrian shall obey the
24 instructions of a police officer or other appropriately attired
25 person authorized to direct, control or regulate traffic.
26 (b) Traffic and pedestrian-control signals.--Local
27 authorities by ordinance may require pedestrians to obey traffic
28 and pedestrian-control signals as provided in sections 3112
29 (relating to traffic-control signals) and 3113 (relating to
30 pedestrian-control signals).
19750H1817B3266 - 227 -
1 § 3542. Right-of-way of pedestrians in crosswalks.
2 (a) General rule.--When traffic-control signals are not in
3 place or not in operation, the driver of a vehicle shall yield
4 the right-of-way to a pedestrian crossing the roadway within any
5 marked crosswalk or within any unmarked crosswalk at an
6 intersection.
7 (b) Exercise of care by pedestrian.--No pedestrian shall
8 suddenly leave a curb or other place of safety and walk or run
9 into the path of a vehicle which is so close as to constitute a
10 hazard.
11 (c) Limitation on vehicles passing.--Whenever any vehicle is
12 stopped at any crosswalk at an intersection or at any marked
13 crosswalk to permit a pedestrian to cross the roadway, the
14 driver of any other vehicle approaching from the rear shall not
15 overtake and pass the stopped vehicle.
16 (d) Application of section.--Subsection (a) does not apply
17 under the conditions stated in section 3543(b) (relating to
18 pedestrians crossing at other than crosswalks).
19 § 3543. Pedestrians crossing at other than crosswalks.
20 (a) General rule.--Every pedestrian crossing a roadway at
21 any point other than within a crosswalk at an intersection or
22 any marked crosswalk shall yield the right-of-way to all
23 vehicles upon the roadway.
24 (b) At pedestrian tunnel or overhead crossing.--Any
25 pedestrian crossing a roadway at a point where a pedestrian
26 tunnel or overhead pedestrian crossing has been provided shall
27 yield the right-of-way to all vehicles upon the roadway.
28 (c) Between controlled intersections in urban district.--
29 Between adjacent intersections in urban districts at which
30 traffic-control signals are in operation pedestrians shall not
19750H1817B3266 - 228 -
1 cross at any place except in a marked crosswalk.
2 (d) Crossing intersection diagonally.--No pedestrian shall
3 cross a roadway intersection diagonally unless authorized by
4 official traffic-control devices or at the direction of a police
5 officer or other appropriately attired person authorized to
6 direct, control or regulate traffic. When authorized to cross
7 diagonally, pedestrians shall cross only in accordance with the
8 signal pertaining to the crossing movements.
9 § 3544. Pedestrians walking along or on highway.
10 (a) Mandatory use of available sidewalk.--Where a sidewalk
11 is provided and its use is practicable, it is unlawful for any
12 pedestrian to walk along and upon an adjacent roadway.
13 (b) Absence of sidewalk.--Where a sidewalk is not available,
14 any pedestrian walking along and upon a highway shall walk only
15 on a shoulder as far as practicable from the edge of the
16 roadway.
17 (c) Absence of sidewalk and shoulder.--Where neither a
18 sidewalk nor a shoulder is available, any pedestrian walking
19 along and upon a highway shall walk as near as practicable to an
20 outside edge of the roadway and, if on a two-way roadway, shall
21 walk only on the left side of the roadway.
22 (d) Right-of-way to vehicles.--Except as otherwise provided
23 in this subchapter, any pedestrian upon a roadway shall yield
24 the right-of-way to all vehicles upon the roadway.
25 § 3545. Pedestrians soliciting rides or business.
26 No person shall:
27 (1) Stand on a roadway for the purpose of soliciting a
28 ride.
29 (2) Stand on a roadway for the purpose of soliciting
30 employment, business or contributions from the occupant of
19750H1817B3266 - 229 -
1 any vehicle.
2 (3) Stand on or in proximity to a highway for the
3 purpose of soliciting the watching or guarding of any vehicle
4 while parked or about to be parked on a street or highway.
5 § 3546. Driving through or around safety zone.
6 (a) Through zones.--No vehicle shall at any time be driven
7 through or within a safety zone.
8 (b) Around zones.--Traffic may move on either side of a
9 safety zone unless prohibited from driving to the left of the
10 zone by the installation of an official traffic-control device
11 as provided in this title.
12 § 3547. Right-of-way of pedestrians on sidewalks.
13 The driver of a vehicle emerging from or entering an alley,
14 building, private road or driveway shall yield the right-of-way
15 to any pedestrian approaching on any sidewalk extending across
16 the alley, building entrance, road or driveway.
17 § 3548. Pedestrians to yield to authorized emergency vehicles.
18 (a) General rule.--Upon the immediate approach of an
19 authorized emergency vehicle making use of audible and visual
20 signals meeting the requirements of this title, or of a police
21 vehicle properly and lawfully making use of an audible signal
22 only, every pedestrian shall yield the right-of-way to the
23 authorized emergency vehicle.
24 (b) Exercise of care by driver.--This section does not
25 relieve the driver of an authorized emergency vehicle from the
26 duty to drive with due regard for the safety of all persons
27 using the highway nor from the duty to exercise due care to
28 avoid colliding with any pedestrian.
29 § 3549. Blind pedestrians.
30 (a) General rule.--The driver of a vehicle shall yield the
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1 right-of-way to any totally or partially blind pedestrian
2 carrying a clearly visible white cane or accompanied by a guide
3 dog and shall take such precautions as may be necessary to avoid
4 injuring or endangering the pedestrian and, if necessary, shall
5 stop the vehicle in order to prevent injury or danger to the
6 pedestrian.
7 (b) Effect of absence of cane or dog.--This section shall
8 not be construed to deprive a totally or partially blind
9 pedestrian not carrying a cane or not being guided by a dog of
10 the rights and privileges conferred by law upon pedestrians
11 crossing streets or highways, nor shall the failure of a totally
12 or partially blind pedestrian to carry a cane or to be guided by
13 a guide dog upon the streets, highways or sidewalks of this
14 Commonwealth be held to constitute contributory negligence in
15 and of itself.
16 § 3550. Pedestrians under influence of alcohol or controlled
17 substance.
18 A pedestrian who is under the influence of alcohol or any
19 controlled substance to a degree which renders the pedestrian a
20 hazard shall not walk or be upon a highway except on a sidewalk.
21 § 3551. Compliance with bridge and railroad warning signals.
22 (a) Bridges.--No pedestrian shall enter or remain upon any
23 bridge or approach to any bridge beyond the bridge signal, gate
24 or barrier after a bridge operation signal indication has been
25 given.
26 (b) Railroad crossings.--No pedestrian shall pass through,
27 around, over or under any crossing gate or barrier at a railroad
28 grade crossing or bridge while the gate or barrier is closed or
29 is being opened or closed.
30 § 3552. Penalty for violation of subchapter.
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1 Any pedestrian violating any provision of this subchapter is
2 guilty of a summary offense and shall, upon conviction, be
3 sentenced to pay a fine of $5.
4 CHAPTER 37
5 MISCELLANEOUS PROVISIONS
6 Subchapter
7 A. Offenses in General
8 B. Serious Traffic Offenses
9 C. Accidents and Accident Reports
10 SUBCHAPTER A
11 OFFENSES IN GENERAL
12 Sec.
13 3701. Unattended motor vehicle.
14 3702. Limitations on backing.
15 3703. Driving upon sidewalk.
16 3704. Obstruction to driving view or mechanism.
17 3705. Opening and closing vehicle doors.
18 3706. Riding in house trailers, mobile homes or boats on
19 trailers.
20 3707. Driving or stopping close to fire apparatus.
21 3708. Unauthorized driving over fire hose.
22 3709. Depositing waste and other material on highway.
23 3710. Stopping at intersection or crossing to prevent
24 obstruction.
25 3711. Unauthorized persons and devices hanging on
26 vehicles.
27 3712. Abandonment and stripping of vehicles.
28 3713. Railroad trains not to block crossings.
29 § 3701. Unattended motor vehicle.
30 (a) General rule.--No person driving or in charge of a motor
19750H1817B3266 - 232 -
1 vehicle shall permit the vehicle to stand unattended without
2 placing the gear shift lever in a position which under the
3 circumstances impedes the movement of the vehicle, stopping the
4 engine, locking the ignition IN VEHICLES SO EQUIPPED, removing <--
5 the key from the ignition and, when standing upon any grade,
6 turning the front wheels to the curb or side of the highway and
7 effectively setting the brake.
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 $5.
11 § 3702. Limitations on backing.
12 (a) General rule.--No driver shall back a vehicle unless the
13 movement can be made with safety and without interfering with
14 other traffic and then only after yielding the right-of-way to
15 moving traffic and pedestrians.
16 (b) Limited-access highways.--No driver shall back a vehicle
17 upon any shoulder or roadway of any limited-access highway.
18 § 3703. Driving upon sidewalk.
19 No person shall drive any vehicle EXCEPT A HUMAN-POWERED <--
20 VEHICLE upon a sidewalk or sidewalk area except upon a permanent
21 or duly authorized temporary driveway.
22 § 3704. Obstruction to driving view or mechanism.
23 No person shall drive a vehicle when it is so loaded, or when
24 there are in the front seat such a number of persons, exceeding
25 three, as to obstruct the view of the driver to the front or
26 sides of the vehicle or as to interfere with the driver's
27 control over the driving mechanism of the vehicle or whenever
28 any person in the front seat is not seated.
29 § 3705. Opening and closing vehicle doors.
30 No person shall open any door on a motor vehicle unless and
19750H1817B3266 - 233 -
1 until it is reasonably safe to do so and can be done without
2 interfering with the movement of other traffic, nor shall any
3 person leave a door open on a side of a vehicle available to
4 moving traffic for a period of time longer than necessary to
5 load or unload passengers.
6 § 3706. Riding in house trailers, mobile homes or boats on
7 trailers.
8 (a) General rule.--No person or persons shall occupy a house
9 trailer, mobile home or boat on a trailer while it is being
10 moved upon a highway.
11 (b) Towing prohibited.--No person shall tow on a highway a
12 house trailer, mobile home or boat on a trailer occupied by a
13 passenger or passengers.
14 (c) Exception for camper bodies.--A camper body which rests <--
15 partially upon its own axle or axles and partially upon the
16 chassis or frame of the truck, and which is attached to such
17 (C) EXCEPTION FOR CERTAIN SEMI-TRAILERS.--A SEMI-TRAILER <--
18 WHICH IS ATTACHED TO A truck in an articulating manner by means
19 of a fifth wheel semi-trailer coupling device attached to the
20 carrying compartment of the truck may be occupied by a passenger
21 or passengers. The coupling device shall be for use with HAVE a <--
22 two-inch or larger kingpin. All windows shall have safety glass.
23 approved by the department and Some means of electronic <--
24 communications approved by the department shall be IS required <--
25 between the cab of the truck and the camper body SEMI-TRAILER. <--
26 § 3707. Driving or stopping close to fire apparatus.
27 The driver of any vehicle other than one on official business
28 shall not follow any fire apparatus traveling in response to a
29 fire alarm closer than 500 feet or stop the vehicle within 500
30 feet of any fire apparatus stopped in answer to a fire alarm.
19750H1817B3266 - 234 -
1 § 3708. Unauthorized driving over fire hose.
2 No vehicle shall be driven over any unprotected hose of a
3 fire department when laid down on any highway, private road or
4 driveway, for use at any fire or alarm of fire, without the
5 consent of a fire department officer, a police officer or other
6 appropriately attired person authorized to direct, control or
7 regulate traffic at the scene.
8 § 3709. Depositing waste and other material on highway.
9 (a) General rule.--No person shall throw or deposit upon any
10 highway any waste paper, sweepings, ashes, household waste,
11 glass, metal, refuse or rubbish, or any dangerous or detrimental
12 substance.
13 (b) Removal of deposited material.--Any person who drops, or
14 permits to be dropped or thrown, upon any highway any waste
15 paper, sweepings, ashes, household waste, glass, metal, refuse
16 or rubbish, or any dangerous or detrimental substance shall
17 immediately remove the same or cause it to be removed.
18 (c) Removal of material following accident.--Any person
19 removing a wrecked, damaged or disabled vehicle from a highway
20 shall remove from the highway or neutralize any glass, oil or
21 other injurious substance resulting from the accident or
22 disablement.
23 (d) Penalty.--Any person violating any of the provisions of
24 subsection (a) or (b) is guilty of a summary offense and shall,
25 upon conviction, be sentenced to pay a fine of not more than
26 $300.
27 § 3710. Stopping at intersection or crossing to prevent
28 obstruction.
29 No driver shall enter an intersection or a crosswalk or drive
30 onto any railroad grade crossing unless there is sufficient
19750H1817B3266 - 235 -
1 space on the other side of the intersection, crosswalk or
2 railroad grade crossing to accommodate the vehicle operated
3 without obstructing the passage of other vehicles, pedestrians
4 or railroad trains notwithstanding any traffic-control signal
5 indication to proceed.
6 § 3711. Unauthorized persons and devices hanging
7 on vehicles.
8 (a) General rule.--No person shall hang onto or ride on the
9 outside or the rear end of any vehicle and no person on a
10 bicycle PEDALCYCLE, motorcycle, roller skates, sled or any <--
11 similar device, shall hold fast to or attach the device to any
12 moving vehicle or streetcar, and no operator of a vehicle or
13 streetcar shall knowingly permit any person to hang onto or ride
14 on the outside or rear end of the vehicle or streetcar operated,
15 or allow any person on a bicycle PEDALCYCLE, motorcycle, roller <--
16 skates, sled or any similar device to hold fast or attach the
17 device to the vehicle or streetcar operated on any highway.
18 (b) Exceptions.--This section is not applicable to firemen
19 or garbage collectors or operators of fire trucks or garbage
20 trucks OR EMPLOYEES OF PUBLIC UTILITY COMPANIES acting pursuant <--
21 to and during the course of their duties. THIS SECTION DOES NOT <--
22 PROHIBIT ATTACHING A TRAILER OR SEMI-TRAILER TO A PEDALCYCLE OR
23 TO OTHER PERSONS EXEMPTED BY DEPARTMENT REGULATIONS FROM THE
24 APPLICATION OF THIS SECTION.
25 § 3712. Abandonment and stripping of vehicles.
26 (a) Abandonment on highway.--No person shall abandon a
27 vehicle upon any highway.
28 (b) Abandonment on public or private property.--No person
29 shall abandon a vehicle upon any public or private property
30 without the express or implied consent of the owner or person in
19750H1817B3266 - 236 -
1 lawful possession or control of the property.
2 (c) Stripping abandoned vehicle.--It is unlawful for any
3 person, except the owner or his agent or as otherwise provided
4 in this title, to remove any part of an abandoned vehicle.
5 (d) Penalties.--Any person violating subsection (a) or (b)
6 is guilty of a summary offense and shall, upon conviction, be
7 sentenced to pay a fine of $50 plus all costs of disposing of
8 the vehicle under the provisions of Chapter 73 (relating to
9 abandoned vehicles and cargos). Any person violating subsection
10 (c) is guilty of a misdemeanor of the third degree and shall,
11 upon conviction, be sentenced in accordance with section 6503
12 (relating to misdemeanors).
13 § 3713. Railroad trains not to block crossings.
14 No person or government agency shall operate any train in
15 such a manner as to prevent vehicular use of any roadway for a
16 period of time in excess of five consecutive minutes except
17 under any of the following circumstances:
18 (1) When necessary to comply with signals affecting the
19 safety of the movement of trains.
20 (2) When necessary to avoid striking any object or
21 person on the track.
22 (3) When the train is disabled.
23 (4) When the train is in motion except while engaged in
24 switching operations.
25 (5) When there is no vehicular traffic waiting to use
26 the crossings.
27 (6) When necessary to comply with a governmental safety
28 regulation.
29 SUBCHAPTER B
30 SERIOUS TRAFFIC OFFENSES
19750H1817B3266 - 237 -
1 Sec.
2 3731. Reckless driving.
3 3732. Driving under influence of alcohol or controlled
4 substance.
5 3733. Homicide by vehicle.
6 3734. Fleeing or attempting to elude police officer.
7 3735. Driving without lights to avoid identification or arrest.
8 § 3731. Reckless driving.
9 Any person who drives a vehicle in wilful or wanton disregard
10 for the safety of persons or property is guilty of reckless
11 driving, a summary offense, and shall, upon conviction, be
12 sentenced to pay a fine of $200.
13 § 3732. Driving under influence of alcohol or controlled
14 substance.
15 (a) Offense defined.--A person shall not drive any vehicle
16 while:
17 (1) there is 0.10% or more by weight of alcohol in his
18 blood;
19 (2) under the influence of alcohol to a degree which
20 renders him incapable of safe driving;
21 (3) under the influence of any controlled substance, as
22 defined in the act of April 14, 1972 (P.L.233, No.64), known
23 as "The Controlled Substance, Drug, Device and Cosmetic Act,"
24 to a degree which renders him incapable of safe driving; or
25 (4) under the combined influence of alcohol and a
26 controlled substance to a degree which renders him incapable
27 of safe driving.
28 (b) Authorized use not a defense.--The fact that any person
29 charged with violating this section is or has been legally
30 entitled to use alcohol or controlled substances is not a
19750H1817B3266 - 238 -
1 defense to any charge of violating this section.
2 (c) Certain arrests authorized.--In addition to any other
3 powers of arrest, a police officer is hereby authorized to
4 arrest without a warrant any person who the officer has probable
5 cause to believe has violated the provisions of this section,
6 regardless of whether or not the alleged violation was committed <--
7 in the presence of such officer.
8 (d) Penalty.--Any person violating any of the provisions of
9 this section is guilty of a misdemeanor of the third degree and
10 shall, upon conviction, be sentenced in accordance with section
11 6503 (relating to misdemeanors).
12 § 3733. Homicide by vehicle.
13 Any person who unintentionally causes the death of another
14 person while engaged in the violation of any law of this
15 Commonwealth or municipal ordinance applying to the operation or
16 use of a vehicle or to the regulation of traffic is guilty of
17 homicide by vehicle, a misdemeanor of the first degree, when the
18 violation is the cause of death.
19 § 3734. Fleeing or attempting to elude police officer.
20 (a) Offense defined.--Any driver of a motor vehicle who
21 wilfully fails or refuses to bring his vehicle to a stop, or who
22 otherwise flees or attempts to elude a pursuing police vehicle,
23 when given visual or audible signal to bring the vehicle to a
24 stop, is guilty of a summary offense and shall, upon conviction,
25 be sentenced to pay a fine of $200.
26 (b) Signal by police officer.--The signal given by the
27 police officer may be by hand, voice, emergency lights or siren.
28 (C) DEFENSES.--IT IS A DEFENSE TO A PROSECUTION UNDER THIS <--
29 SECTION THAT:
30 (1) THE PURSUING POLICE VEHICLE WAS NOT CLEARLY
19750H1817B3266 - 239 -
1 IDENTIFIABLE BY ITS MARKINGS OR, IF UNMARKED, WAS NOT
2 OCCUPIED BY A POLICE OFFICER WHO WAS IN UNIFORM AND
3 DISPLAYING A BADGE OR OTHER SIGN OF AUTHORITY; OR
4 (2) THE PURSUING POLICE VEHICLE WAS UNMARKED AND THE
5 PURSUIT OCCURRED DURING THE HOURS OF DARKNESS.
6 § 3735. Driving without lights to avoid identification or
7 arrest.
8 Any person who drives without lights or turns off any or all
9 the lights on a motor vehicle for the purpose of avoiding
10 identification or arrest is guilty of a summary offense and
11 shall, upon conviction, be sentenced to pay a fine of $200.
12 SUBCHAPTER C
13 ACCIDENTS AND ACCIDENT REPORTS
14 Sec.
15 3741. Application of subchapter.
16 3742. Accidents involving death or personal injury.
17 3743. Accidents involving damage to attended vehicle or
18 property.
19 3744. Duty to give information and render aid.
20 3745. Accidents involving damage to unattended vehicle or
21 property.
22 3746. Immediate notice of accident to police department.
23 3747. Written report of accident by driver or owner.
24 3748. False reports.
25 3749. Reports by coroners and medical examiners.
26 3750. Reports by garages.
27 3751. Reports by police.
28 3752. Accident report forms.
29 3753. Department to tabulate and analyze accident reports.
30 3754. ACCIDENT PREVENTION INVESTIGATIONS. <--
19750H1817B3266 - 240 -
1 § 3741. Application of subchapter.
2 The provisions of this subchapter shall apply upon highways
3 and elsewhere TRAFFIC WAYS throughout this Commonwealth. <--
4 § 3742. Accidents involving death or personal injury.
5 (a) General rule.--The driver of any vehicle involved in an
6 accident resulting in injury or death of any person shall
7 immediately stop the vehicle at the scene of the accident or as
8 close thereto as possible but shall then forthwith return to and
9 in every event shall remain at the scene of the accident until
10 he has fulfilled the requirements of section 3744 (relating to
11 duty to give information and render aid). Every stop shall be
12 made without obstructing traffic more than is necessary.
13 (b) Penalty.--Any person violating this section is guilty of
14 a misdemeanor of the third degree and shall, upon conviction, be
15 sentenced to imprisonment for not more than one year or to pay a
16 fine of not less than $200 nor more than $1,000, or both.
17 § 3743. Accidents involving damage to attended vehicle
18 or property.
19 (a) General rule.--The driver of any vehicle involved in an
20 accident resulting only in damage to a vehicle or other property
21 which is driven or attended by any person shall immediately stop
22 the vehicle at the scene of the accident or as close thereto as
23 possible but shall forthwith return to and in every event shall
24 remain at the scene of the accident until he has fulfilled the
25 requirements of section 3744 (relating to duty to give
26 information and render aid). Every stop shall be made without
27 obstructing traffic more than is necessary.
28 (b) Penalty.--Any person violating this section is guilty of
29 a misdemeanor of the third degree and shall, upon conviction, be
30 sentenced to pay a fine of not less than $100 nor more than
19750H1817B3266 - 241 -
1 $500.
2 § 3744. Duty to give information and render aid.
3 (a) General rule.--The driver of any vehicle involved in an
4 accident resulting in injury to or death of any person or damage
5 to any vehicle or other property which is driven or attended by
6 any person shall give his name, address and the registration
7 number of the vehicle he is driving, and shall upon request
8 exhibit his driver's license and proof of insurance to any
9 person injured in the accident or to the driver or occupant of
10 or person attending any vehicle or other property damaged in the
11 accident and shall give the information and upon request exhibit
12 the license and proof of insurance to any police officer at the
13 scene of the accident or who is investigating the accident and
14 shall render to any person injured in the accident reasonable
15 assistance, including the making of arrangements for the
16 carrying of the injured person to a physician, surgeon or
17 hospital for medical or surgical treatment if it is apparent
18 that treatment is necessary or if requested by the injured
19 person.
20 (b) Report of accident to police.--In the event that none of
21 the persons specified are in condition to receive the
22 information to which they otherwise would be entitled under
23 subsection (a) and no police officer is present, the driver of
24 any vehicle involved in the accident after fulfilling all other
25 requirements of section 3742 (relating to accidents involving
26 death or personal injury) and subsection (a), in so far as
27 possible on his part to be performed, shall forthwith report the
28 accident to the nearest office of a duly authorized police
29 department and submit to the police department the information
30 specified in subsection (a).
19750H1817B3266 - 242 -
1 (c) Duty of occupants if driver disabled.--Whenever the
2 driver of a vehicle is physically unable to give the information
3 or assistance required in this section and there are other
4 occupants in the vehicle at the time of the accident who are
5 physically able to give the information or assistance required
6 in this section, each of the other occupants shall fully reveal
7 the identity of himself and the identity of the driver of the
8 vehicle and of the owner of the vehicle of which they are
9 occupants and shall otherwise perform the duties of the driver
10 as set forth in subsection (a).
11 § 3745. Accidents involving damage to unattended vehicle or
12 property.
13 The driver of any vehicle which collides with or is involved
14 in an accident with any vehicle or other property which is
15 unattended resulting in any damage to the other vehicle or
16 property shall immediately stop the vehicle at the scene of the
17 accident or as close thereto as possible and shall then and
18 there either locate and notify the operator or owner of the
19 damaged vehicle or other property of his name, address,
20 information relating to the certificate of insurance and the
21 registration number of the vehicle being driven or shall attach
22 securely in a conspicuous place in or on the damaged vehicle or
23 other property a written notice giving his name, address,
24 information relating to the certificate of insurance and the
25 registration number of the vehicle being driven and shall
26 without unnecessary delay notify the nearest office of a duly
27 authorized police department. Every stop shall be made without
28 obstructing traffic more than is necessary.
29 § 3746. Immediate notice of accident to police department.
30 (a) General rule.--The driver of a vehicle involved in an
19750H1817B3266 - 243 -
1 accident shall immediately by the quickest means of
2 communication give notice to the nearest office of a duly
3 authorized police department if the accident involves:
4 (1) injury to or death of any person; or
5 (2) damage to any vehicle involved to the extent that it
6 cannot be driven under its own power in its customary manner
7 without further damage or hazard to the vehicle, other
8 traffic elements, or the roadway, and therefore requires
9 towing.
10 (b) Duty of occupant when driver disabled.--Whenever the
11 driver of a vehicle is physically incapable of giving an
12 immediate notice of an accident as required in subsection (a)
13 and there is another occupant in the vehicle at the time of the
14 accident capable of doing so, the occupant shall make or cause
15 to be given the notice not given by the driver.
16 (c) Investigation by police officer.--Every accident
17 reported to a police department required in this section shall
18 be investigated by a police officer who shall provide each
19 driver a signed statement that the accident was reported.
20 § 3747. Written report of accident by driver or owner.
21 (a) General rule.--If an accident is not investigated by a <--
22 police officer in accordance with IF A POLICE OFFICER DOES NOT <--
23 INVESTIGATE AN ACCIDENT REQUIRED TO BE INVESTIGATED BY section
24 3746 (relating to immediate notice of accident to police
25 department), the driver of a vehicle which is in any manner
26 involved in the accident shall, within five days of the
27 accident, forward a written report of the accident to the
28 department.
29 (b) Supplemental reports.--The department may require any
30 driver of a vehicle involved in an accident of which written
19750H1817B3266 - 244 -
1 report must be made as provided in this section to file
2 supplemental written reports whenever the original report is
3 insufficient in the opinion of the department.
4 (c) Exception for disabled persons.--A written accident
5 report is not required under this subchapter from any person who
6 is physically incapable of making a report during the period of
7 incapacity.
8 (d) Duty of owner if driver disabled.--Whenever the driver
9 is physically incapable of making a written report of an
10 accident as required in this section and the driver is not the
11 owner of the vehicle, then the owner of the vehicle involved in
12 the accident shall, within five days after the accident, make
13 the report not made by the driver.
14 (e) Confidentiality of reports.--All written reports
15 required in this section to be forwarded to the department by
16 drivers or owners of vehicles involved in accidents shall be
17 without prejudice to the individual so reporting and shall be
18 for the confidential use of the department or any other
19 Commonwealth GOVERNMENTAL agency OR THEIR REPRESENTATIVES having <--
20 use for the records for accident prevention purposes, except
21 that the department shall disclose the identity of a person
22 involved in an accident when the identity is not otherwise known
23 or when the person denies his presence at the accident and shall
24 disclose whether any person or vehicle was covered by a vehicle
25 insurance policy and the name of the insurer.
26 (f) Use of reports as evidence.--No accident reports
27 forwarded under the provisions of this section shall be used as
28 evidence in any trial, civil or criminal, arising out of an
29 accident except that the department shall furnish upon demand of
30 any party to the trial, or upon demand of any court, a
19750H1817B3266 - 245 -
1 certificate showing that a specified accident report has or has
2 not been made to the department in compliance with the law and,
3 if the report has been made, the date, time and location of the
4 accident, the names and addresses of the drivers, the owners of
5 the vehicles involved and the investigating officers. The
6 reports may be used as evidence when necessary to prosecute
7 charges filed in connection with a violation of section 3748
8 (relating to false reports).
9 (g) Compliance with other laws required.--This section does
10 not affect the duty of filing accident reports required by any
11 other statute or regulations made thereunder.
12 § 3748. False reports.
13 Any person who gives information in oral or written reports
14 required by this subchapter knowing or having reason to believe
15 that the information is false is guilty of a summary offense and
16 shall, upon conviction, be sentenced to pay a fine of $200.
17 § 3749. Reports by coroners and medical examiners.
18 (a) General rule.--Every coroner or medical examiner in this
19 Commonwealth shall, on or before the tenth day of each month, <--
20 report in writing to the department WITHIN FIVE DAYS OF <--
21 CERTIFICATION the death of any person resulting from a vehicle
22 accident, giving the time and place of accident and the
23 circumstances relating thereto. These reports shall be made on
24 forms prepared by the department. Every coroner or medical
25 examiner shall retain a copy of the reports in his office for a
26 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
19750H1817B3266 - 246 -
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 THE full report of its THE POLICE investigation of <--
19750H1817B3266 - 247 -
1 any vehicle accident to any person involved in the accident, his
2 attorney or insurer, and to the Federal Government, branches of
3 the military service, Commonwealth agencies, and to officials of
4 political subdivisions and to agencies of other states and
5 nations and their political subdivisions. The copy of the report
6 shall not be admissible as evidence in any action for damages or
7 criminal proceedings arising out of a motor vehicle accident.
8 Police 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
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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. The department shall report to each <--
11 session of the General Assembly how the record of traffic safety
12 in Pennsylvania and other states with a point system compares
13 with states that do not have a point system, the percentage and
14 number of accidents, serious accidents, and fatal accidents
15 caused by each violation of this title to which a point penalty
16 is assessed, and the percentage and number of each violation of
17 this title to which a point penalty is attached. The system
18 shall provide:
19 (1) AN ANNUAL REPORT TO THE GENERAL ASSEMBLY COMPARING <--
20 TRAFFIC SAFETY IN PENNSYLVANIA AND OTHER STATES WHICH HAVE A
21 POINT SYSTEM WITH TRAFFIC SAFETY IN STATES WHICH DO NOT HAVE
22 A POINT SYSTEM, INCLUDING, BUT NOT LIMITED TO, THE NUMBER AND
23 PERCENTAGE OF ACCIDENTS, SERIOUS ACCIDENTS AND TOTAL
24 ACCIDENTS CAUSED BY POINT AND NON-POINT VIOLATIONS.
25 (1) (2) An annual statistical summary of motor vehicle <--
26 accidents including multi-dimensional distribution for such
27 factors as type, time and location of accident, road and
28 weather conditions, type of traffic control, and condition
29 and actions of operators and type and condition of the
30 vehicles.
19750H1817B3266 - 249 -
1 (2) (3) Identification of hazardous road locations. <--
2 (3) (4) Information on which police duty assignment may <--
3 be more effective in order to prevent accidents.
4 (4) (5) Evaluation of speed regulations or other <--
5 provisions of this title to aid the DEPARTMENT AND THE <--
6 General Assembly in determining when changes are desirable.
7 (5) (6) Statistical analyses of the relationship between <--
8 non-accident traffic violations of operators and accident
9 involvement. These analyses shall include such factors as the
10 type, location, and severity of violations, the type,
11 location, and severity of the accidents and the
12 responsibility of the operators involved.
13 (6) (7) An evaluation of legal or departmental actions <--
14 as related to driver improvement and accident reduction.
15 (c) Highway safety statistics.--The department may compile
16 such other statistics for such purposes as it might deem helpful
17 in advancing highway safety.
18 § 3754. ACCIDENT PREVENTION INVESTIGATIONS. <--
19 (A) GENERAL RULE.--THE DEPARTMENT, IN ASSOCIATION WITH THE
20 PENNSYLVANIA STATE POLICE, MAY CONDUCT IN-DEPTH ACCIDENT
21 INVESTIGATIONS INTO THE HUMAN, VEHICLE AND ENVIRONMENTAL ASPECTS
22 OF TRAFFIC ACCIDENTS FOR THE PURPOSE OF DETERMINING THE CAUSES
23 OF TRAFFIC ACCIDENTS AND FACTORS WHICH MAY HELP PREVENT SIMILAR
24 TYPES OF ACCIDENTS.
25 (B) CONFIDENTIALITY OF REPORTS.--INFORMATION, RECORDS AND
26 REPORTS ASSOCIATED WITH IN-DEPTH ACCIDENT INVESTIGATIONS SHALL
27 NOT BE ADMISSIBLE AS EVIDENCE IN ANY LEGAL ACTION OR OTHER
28 PROCEEDING, NOR SHALL OFFICERS OR EMPLOYEES OR THE AGENCIES
29 CHARGED WITH THE PROCUREMENT OR CUSTODY OF IN-DEPTH ACCIDENT
30 INVESTIGATION RECORDS AND REPORTS BE REQUIRED TO GIVE EVIDENCE
19750H1817B3266 - 250 -
1 PERTAINING TO ANYTHING CONTAINED IN SUCH IN-DEPTH ACCIDENT
2 INVESTIGATION RECORDS OR REPORTS IN ANY LEGAL ACTION OR OTHER
3 PROCEEDING.
4 PART IV
5 VEHICLE CHARACTERISTICS
6 Chapter
7 41. Equipment Standards
8 43. Lighting Equipment
9 45. Other Required Equipment
10 47. Inspection of Vehicles
11 49. Size, Weight and Load
12 CHAPTER 41
13 EQUIPMENT STANDARDS
14 Sec.
15 4101. Purpose of part.
16 4102. Definitions.
17 4103. Promulgation of vehicle equipment standards.
18 4104. Testing and approval of equipment.
19 4105. Revocation and renewal of certificates of approval.
20 4106. Market surveillance program.
21 4107. Unlawful activities.
22 4108. Injunctive relief.
23 § 4101. Purpose of part.
24 The purpose of this chapter and Chapters 43 (relating to
25 lighting equipment) and 45 (relating to other required
26 equipment) is to establish minimum standards for vehicle
27 equipment the performance of which is related to vehicle safety,
28 noise control and air quality and to make unlawful the sale and
29 use of items which do not comply with the requirements of this
30 part or with the standards and regulations promulgated by the
19750H1817B3266 - 251 -
1 department.
2 § 4102. Definitions.
3 The following words and phrases when used in this part shall
4 have, unless the context clearly indicates otherwise, the
5 meanings given to them in this section.
6 "Federal standard". A minimum standard of vehicle or vehicle
7 equipment performance issued under the National Traffic and
8 Motor Vehicle Safety Act (80 Stat. 718, 15 U.S.C. §1381), the
9 Motor Vehicle Information and Cost Savings Act (86 Stat. 947, 15
10 U.S.C. §1901) or the Clean Air Act (81 Stat. 485, 42 U.S.C.
11 §1857).
12 "Vehicle equipment standard". A minimum standard for vehicle
13 performance or vehicle equipment performance which meets the
14 needs of vehicle safety, noise control or air quality control,
15 which is practicable and which provides objective criteria.
16 § 4103. Promulgation of vehicle equipment standards.
17 (a) General rule.--The department shall promulgate vehicle
18 equipment standards for vehicles, equipment and devices required
19 under this part. To the maximum extent possible, consistent with
20 safety, the standards shall be expressed in terms of minimum
21 acceptable performance levels, measured against objective
22 testing parameters.
23 (b) Applicability of Federal standards.--Federal standards
24 promulgated with respect to the performance of any vehicle or
25 item of equipment shall have the same force and effect as if
26 promulgated by the department under subsection (a) and shall
27 supersede any Commonwealth standard applicable to the same
28 aspect of performance for the vehicle or item of equipment.
29 (c) Incorporation of standards by reference.--Subject to the
30 provisions of subsections (a) and (b), applicable standards or
19750H1817B3266 - 252 -
1 recommended practices issued by the National Highway Traffic
2 Safety Administration, U.S. Department of Transportation, the
3 Vehicle Equipment Safety Commission, the American National
4 Standards Institute, the Society of Automotive Engineers or any
5 other generally recognized standards setting body may be adopted
6 by reference, provided that copies of the standards are
7 incorporated in the notice of proposed rule making.
8 (d) Applicability to certain vehicles.--Vehicle equipment
9 standards contained in this part or promulgated by the
10 department under the authority given in this part shall not
11 apply to a motor vehicle registered as an antique or classic
12 vehicle containing equipment which meets the original
13 manufacturer's specifications.
14 (e) Extension of standards prohibited.--Vehicle equipment
15 standards promulgated by the department shall not be extended to
16 any vehicle which, BECAUSE OF ITS DATE OF MANUFACTURE, is not <--
17 required by Federal standards to have the equipment.
18 § 4104. Testing and approval of equipment.
19 (a) Authority of department.--The department may require new
20 vehicles and equipment to be tested and approved for compliance
21 with the requirements of this part or any vehicle equipment
22 standard adopted pursuant to section 4103(a) (relating to
23 promulgation of vehicle equipment standards).
24 (b) Basis of approval.--Approvals may be based on
25 certification furnished to the department by the American
26 Association of Motor Vehicle Administrators, or if the American
27 Association of Motor Vehicle Administrators certification
28 program does not cover the type of vehicle or equipment, the
29 department shall determine approval on test reports prepared by
30 such testing laboratories as the department may designate.
19750H1817B3266 - 253 -
1 (c) Procedure for approval.--The department shall establish
2 by regulation the procedure to be followed when request for
3 approval of any item of equipment is submitted under this
4 section. The department shall not unreasonably withhold
5 designation of any laboratory which meets the minimum criteria
6 established by the department as an approved laboratory for
7 equipment testing. Where a regulated manufacturer has its own
8 in-house testing facilities which meet the minimum criteria, the
9 department may accept test reports from the manufacturer for the
10 purpose of granting equipment approvals.
11 (d) Markings on approved equipment.--Each item of equipment
12 requiring approval by the department shall bear the trademark,
13 name or code symbol under which it is approved. If practicable,
14 the markings shall be legible after installation. For the
15 purposes of this subsection, code symbol means one assigned and
16 approved by the department in the absence of a name or
17 trademark.
18 (e) Lists of approved equipment.--The department shall
19 maintain lists of all items of equipment which have been
20 approved under authority of this part. Copies of the lists or
21 portions of the lists shall be made available at cost upon
22 request.
23 § 4105. Revocation and renewal of certificates of approval.
24 (a) Hearing to review approved devices.--When the department
25 has reason to believe that an approved device being sold
26 commercially does not comply with the requirements of this part,
27 it may, after giving 30 days' notice to the person holding the
28 certificate of approval for the device, conduct a hearing upon
29 the question of compliance of the approved device. After the
30 hearing, the department shall determine whether the approved
19750H1817B3266 - 254 -
1 device meets the requirements of this part and shall notify the
2 person holding the certificate of approval of the determination.
3 (b) Devices determined to be in violation.--If the
4 department determines as a result of the hearing that the device
5 does not meet the requirements of this part, the person holding
6 the certificate of approval shall have a period of 90 days to
7 resubmit a request for approval. In the event the device is
8 determined to be hazardous, the department may take immediate
9 action through injunctive relief pursuant to section 4108
10 (relating to injunctive relief). If the person holding the
11 certificate of approval fails to satisfy the department that the
12 resubmitted device as thereafter to be sold meets the
13 requirements of this part, the department shall revoke the
14 approval issued unless the device is resubmitted to and retested
15 by an authorized testing laboratory and is found to meet the
16 requirements of this part. The department may require that all
17 devices sold since the notification following the hearing be
18 replaced with devices that do comply with the requirements of
19 this part.
20 (c) Expiration of certificate.--Certificates of approval
21 issued for items of equipment required to be approved under this
22 part will not expire except as provided by regulation or until
23 revoked by the department.
24 (d) Renewal of certificate.--Certificates of approval which
25 expire pursuant to regulation shall be void after the period
26 stated from the date of issue unless application is made for
27 renewal of the certificates in accordance with the procedure
28 established by the department, together with the applicable fee,
29 and a new certificate of approval is issued.
30 (e) Promulgation of regulations.--The department shall
19750H1817B3266 - 255 -
1 promulgate rules and regulations to effectuate the provisions of
2 this section.
3 § 4106. Market surveillance program.
4 (a) General rule.--The department shall maintain a
5 continuing program of market surveillance to insure that any
6 items of vehicle equipment offered for sale in this Commonwealth
7 and for which approvals are required are in compliance with the
8 law.
9 (b) Purchase and testing of samples.--The department may
10 undertake at State expense random retail purchase and compliance
11 testing of samples of equipment which is covered by a valid
12 certificate of approval or which has been certified by its
13 manufacturer as being in compliance with an applicable Federal
14 motor vehicle safety standard. If the samples, upon testing,
15 fail to meet the applicable performance requirements, the
16 department may commence revocation proceedings pursuant to
17 section 4105 (relating to revocation and renewal of certificates
18 of approval).
19 (c) Notice of violations.--If the market surveillance
20 program reveals instances of items of equipment being offered
21 for sale which have not been approved SUBMITTED FOR APPROVAL as <--
22 required by State law or regulation or HAVE BEEN DISAPPROVED OR <--
23 HAVE NOT BEEN certified as being in compliance with an
24 applicable Federal standard, immediate written notice of that
25 fact shall be furnished the dealer, distributor, wholesaler or
26 manufacturer. The dealer shall not thereafter sell the equipment
27 and the distributor, wholesaler or manufacturer shall recall all
28 the equipment from all dealers.
29 § 4107. Unlawful activities.
30 (a) Violation of vehicle equipment standards.--
19750H1817B3266 - 256 -
1 (1) It is unlawful for any person to sell, offer for
2 sale, lease, install or replace, either separately or as part
3 of the equipment of a vehicle, any item of vehicle equipment
4 affecting the operation of the vehicle which does not comply
5 with this title or regulations promulgated thereunder, or
6 which does not comply with an applicable Federal motor
7 vehicle safety standard adopted by regulation by the
8 department.
9 (2) Any person convicted of violating this subsection
10 shall be subject to a civil penalty of not more than $100 for
11 each violation. Each violation of the provisions of this
12 subsection shall constitute a separate violation with respect
13 to each motor vehicle or item of motor vehicle equipment or
14 with respect to each failure or refusal to allow or perform
15 an act required thereby, except that the maximum civil
16 penalty shall not exceed $10,000 for any related series of
17 violations.
18 (b) Other violations.--It is unlawful for any person to do
19 any of the following:
20 (1) Wilfully or intentionally remove (other than for
21 purposes of repair and replacement) or render inoperative, in
22 whole or in part, any item of vehicle equipment which was
23 required to be installed at the time of manufacture or
24 thereafter upon any vehicle, by any law, rule, regulation or
25 requirement of any officer or agency of the United States or
26 of the Commonwealth, if it is intended that the vehicle be
27 operated upon the highways of this Commonwealth unless the
28 removal or alteration is specifically permitted by this title
29 or by regulations promulgated by the department.
30 (2) Operate, or cause or permit another person to
19750H1817B3266 - 257 -
1 operate, on any highway in this Commonwealth any vehicle or
2 combination which is not equipped as required under this part
3 or which is otherwise in an unsafe condition.
4 (3) Do any act forbidden by this part or fail to perform
5 any act required under this part.
6 (c) Use of certain equipment unaffected.--This part shall
7 not be construed to:
8 (1) Prohibit the use of parts or equipment required by
9 the National Traffic and Motor Vehicle Safety Act of 1966 (80
10 Stat. 718, 15 U.S.C. § 1381) or the use of any other parts or
11 accessories on any vehicle not inconsistent with the
12 provisions of this title or regulations promulgated
13 thereunder.
14 (2) Limit the use of independent after market repair and
15 service parts in the repair of vehicles and items of vehicle
16 equipment unless in violation of the provisions of this title
17 or regulations promulgated thereunder.
18 § 4108. Injunctive relief.
19 (a) General rule.--Upon petition by the department, the
20 Commonwealth Court shall have jurisdiction, for cause shown, to
21 restrain violations of this part or to restrain the sale, offer
22 for sale or use of any item of vehicle equipment which is
23 determined to be in violation of this part or regulations
24 promulgated pursuant thereto.
25 (b) Notice of contemplated action.--Whenever practicable,
26 the department shall give notice to any person against whom an
27 action for injunctive relief is contemplated and afford an
28 opportunity to present views and, except in the case of a
29 knowing and wilful violation, shall afford reasonable
30 opportunity to achieve compliance. The failure to give notice
19750H1817B3266 - 258 -
1 and afford such opportunity shall not preclude the granting of
2 appropriate relief.
3 (c) Non-jury criminal contempt proceedings.--In any
4 proceeding for criminal contempt for violation of an injunction
5 or restraining order issued under this section, the court shall
6 sit without intervention of a jury.
7 CHAPTER 43
8 LIGHTING EQUIPMENT
9 Sec.
10 4301. Promulgation of regulations by department.
11 4302. Period for requiring lighted lamps.
12 4303. General lighting requirements.
13 4304. Obstructed lights not required.
14 4305. Vehicular hazard signal lamps.
15 4306. Use of multiple-beam road lighting equipment.
16 4307. Use and display of illuminated signs.
17 § 4301. Promulgation of regulations by department.
18 The department shall promulgate regulations governing the
19 number, visibility, color, size, type, construction, location
20 and use of lamps, other lighting equipment and any
21 retroreflective surfaces on vehicles.
22 4302. Period for requiring lighted lamps.
23 Every vehicle upon a highway at any time between sunset and
24 sunrise and at any other time when, due to insufficient light or
25 unfavorable atmospheric conditions, persons and vehicles on the
26 highway are not clearly discernible from a distance of 1000 feet
27 ahead shall display lighted head and other lamps and
28 illuminating devices as required under this chapter for
29 different classes of vehicles, subject to exceptions with
30 respect to parked vehicles. Stop lights, turn signals and other
19750H1817B3266 - 259 -
1 signaling devices shall be lighted as prescribed in this title.
2 § 4303. General lighting requirements.
3 (a) Head lamps.--Every vehicle, except trailers, operated on
4 a highway shall be equipped with a head lamp system in
5 conformance with regulations of the department.
6 (b) Rear lighting.--Every vehicle operated on a highway
7 shall be equipped with a rear lighting system including, but not
8 limited to, rear lamps, rear reflectors, stop lamps and license
9 plate light, in conformance with regulations of the department.
10 (c) Turn signals and hazard warning lights.--Every motor
11 vehicle, except motorcycles AND PEDALCYCLES, and every trailer <--
12 operated on a highway shall be equipped with a system of turn
13 signal lights and hazard warning lights in conformance with
14 regulations of the department.
15 (d) Identification, clearance and side marker lights.--Every
16 motor vehicle, trailer and combination operated on a highway
17 shall be equipped with a system of lights which may include
18 retroreflective reflectors, identification, clearance and side
19 marker lights in conformance with regulations of the department.
20 (e) Equipment exempted by regulation.--Antique motor
21 vehicles, animal-drawn vehicles, implements of husbandry and
22 special mobile equipment, if operated exclusively between the
23 hours of sunrise and sunset and not during periods of reduced
24 visibility or insufficient illumination, may be exempted from
25 certain lighting equipment requirements of this part by
26 regulations of the department.
27 § 4304. Obstructed lights not required.
28 Whenever motor and other vehicles are operated in combination
29 during the time that lights are required, any lamp (except a
30 tail lamp) need not be lighted which, by reason of its location
19750H1817B3266 - 260 -
1 on a vehicle of the combination, is obscured by another vehicle
2 of the combination, but this does not affect the requirement
3 that lighted clearance lamps be displayed on the front of the
4 foremost vehicle required to have clearance lamps, nor that all
5 lights required on the rear of the rearmost vehicle of any
6 combination shall be lighted.
7 § 4305. Vehicular hazard signal lamps.
8 (a) General rule.--Simultaneous flashing of the two front
9 and two rear signal lamps shall indicate a vehicular traffic
10 hazard. The driver of a motor vehicle equipped with simultaneous
11 flashing signals shall use the signals when the vehicle is
12 stopped or disabled on a highway, except when the vehicle is
13 stopped in compliance with a traffic-control device or when
14 legally parked. Drivers of other vehicles shall exercise
15 extraordinary care in approaching, overtaking and passing a
16 vehicle displaying vehicular hazard warning signals.
17 (b) Use outside business and residence districts.--Outside
18 of a business or residence district:
19 (1) The driver of a vehicle equipped with simultaneous
20 flashing signals shall use the signals when the vehicle is
21 unable to maintain a speed of at least 25 miles per hour
22 because of weather, grade or other similar factors or is
23 unable to maintain a speed consistent with the normal flow of
24 traffic.
25 (2) The driver of a bus equipped with simultaneous
26 flashing signals shall use the signals when the bus is
27 stopped with one or more wheels on the roadway between dusk
28 and dawn for the purpose of receiving or discharging
29 passengers.
30 (c) Use below minimum speed limit.--The driver of a vehicle
19750H1817B3266 - 261 -
1 equipped with simultaneous flashing signals shall use the
2 signals when the vehicle is not maintaining at least the minimum
3 speed established in accordance with the provisions of section
4 3364 (relating to minimum speed regulation).
5 § 4306. Use of multiple-beam road lighting equipment.
6 (a) Approaching an oncoming vehicle.--Whenever the driver of
7 a vehicle approaches an oncoming vehicle within 500 feet, the
8 driver shall use the low beam of light.
9 (b) Approaching a vehicle from rear.--Whenever the driver of
10 a vehicle approaches another vehicle from the rear within 300
11 feet, the driver shall use the low beam of light.
12 § 4307. Use and display of illuminated signs.
13 (a) General rule.--Except as otherwise provided in this
14 section, no vehicle shall bear or display any illuminated signs,
15 letters, numerals or figures of any kind whatsoever.
16 (b) Buses.--A bus or school bus may bear an illuminated sign
17 stating its use or destination.
18 (c) Taxicabs.--A taxicab may carry on the rear or the top of
19 the vehicle illuminated signs placed so as not to interfere with
20 the vision of the driver through the rear window of the vehicle.
21 The size and placement of the sign must receive approval of the
22 department or be a type approved by the department prior to use
23 on the vehicle.
24 CHAPTER 45
25 OTHER REQUIRED EQUIPMENT
26 Subchapter
27 A. Brake Equipment
28 B. Safety and Anti-pollution Equipment
29 C. Vehicles for Transportation of School Children
30 D. Equipment of Authorized and Emergency Vehicles
19750H1817B3266 - 262 -
1 SUBCHAPTER A
2 BRAKE EQUIPMENT
3 Sec.
4 4501. Promulgation of regulations by department.
5 4502. General requirements for braking systems.
6 § 4501. Promulgation of regulations by department.
7 The department shall promulgate regulations governing the
8 type, size, construction, location and use of brake equipment
9 taking into consideration different requirements for different
10 classes or types of vehicles. The authority granted in this
11 section includes the power to regulate the performance of the
12 brake system on a vehicle.
13 § 4502. General requirements for braking systems.
14 (a) Parking brakes.--Every vehicle or combination, except a
15 motorcycle, operated on a highway shall be equipped with a
16 parking brake system adequate to hold the vehicle or combination
17 on any grade on which it is operated, under all conditions of
18 loading, on a surface free of ice or snow. The system shall not
19 be designed to require a continuous or intermittent source of
20 energy for full effectiveness after initial application.
21 (b) Service brakes.--Every vehicle and combination operated
22 on a highway shall be equipped with a service brake system
23 adequate to control the movement of and to stop and hold the
24 vehicle or combination on any grade on which it is operated,
25 under all conditions of loading, and adequate to meet the
26 braking performance standards established by regulation of the
27 department.
28 A TRAILER OR SEMI-TRAILER WHICH, WHEN STANDING ALONE EXCEEDS <--
29 A GROSS WEIGHT OF 3,000 POUNDS OR WHICH, WHEN COUPLED TO ITS
30 TOWING VEHICLE EXCEEDS A GROSS WEIGHT OF 40% OF THE GROSS WEIGHT
19750H1817B3266 - 263 -
1 OF SUCH TOWING VEHICLES, IF MANUFACTURED PRIOR TO JANUARY 1,
2 1978 OR A TRAILER OR SEMI-TRAILER WHICH, WHEN STANDING ALONE HAS
3 A GROSS VEHICLE WEIGHT RATING (GVWR) OF 1,500 POUNDS OR MORE IF
4 MANUFACTURED ON OR AFTER JANUARY 1, 1978, SHALL BE EQUIPPED WITH
5 BRAKES SO DESIGNED AS TO BE APPLIED UPON BOTH VEHICLES
6 SIMULTANEOUSLY BY THE DRIVER OF THE TOWING MOTOR VEHICLE FROM
7 ITS CAB. THE BRAKES SHALL BE SO DESIGNED THAT THEY SHALL BE
8 APPLIED TO ALL WHEELS OF THE TRAILER AND SEMI-TRAILER.
9 (c) Breakaway systems.--Every combination operated on a
10 highway, the towed vehicle of which is equipped with brakes or
11 which has a gross weight in excess of 3,000 pounds, shall be so
12 equipped that, upon breakaway of the towed vehicle, the towed
13 vehicle shall be stopped and held automatically, FOR AT LEAST 15 <--
14 MINUTES and the towing vehicle shall be capable of being stopped
15 and held by use of its own service braking system.
16 (d) Equipment exempted from section EXCEPTIONS.--This <--
17 section does not apply to towed instruments of husbandry and
18 such items or types of special mobile equipment as are
19 specifically exempted from compliance by regulations promulgated
20 by the department.
21 A TRAILER OR SEMI-TRAILER WHICH, WHEN STANDING ALONE, HAS A <--
22 GROSS WEIGHT NOT EXCEEDING 3,000 POUNDS, AND WHICH, WHEN COUPLED
23 TO ITS TOWING VEHICLE, HAS A GROSS WEIGHT NOT EXCEEDING 40% OF
24 THE GROSS WEIGHT OF SUCH TOWING VEHICLE IF MANUFACTURED PRIOR TO
25 JANUARY 1, 1978 OR A TRAILER OR SEMI-TRAILER WHICH, WHEN
26 STANDING ALONE, HAS A GROSS VEHICLE WEIGHT RATING (GVWR) OF LESS
27 THAN 1,500 POUNDS IF MANUFACTURED ON OR AFTER JANUARY 1, 1978
28 SHALL BE EXEMPT FROM THE REQUIREMENTS OF SUBSECTIONS (A) AND
29 (B).
30 SUBCHAPTER B
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1 SAFETY AND ANTI-POLLUTION EQUIPMENT
2 Sec.
3 4521. Promulgation of regulations by department.
4 4522. Violation of Federal statute or regulation.
5 4523. Exhaust systems, mufflers and noise control.
6 4524. Windshield obstructions and wipers.
7 4525. Tire equipment and traction surfaces.
8 4526. Safety glass.
9 4527. Television equipment.
10 4528. Fire extinguishers.
11 4529. Slow moving vehicle emblem.
12 4530. Portable emergency warning devices.
13 4531. Emission control systems.
14 4532. Smoke control for diesel-powered motor vehicles.
15 4533. Spray protection. REAR WHEEL SHIELDS. <--
16 4534. Rear-view mirrors.
17 4535. Audible warning devices.
18 4536. Bumpers.
19 § 4521. Promulgation of regulations by department.
20 The department shall promulgate regulations governing the
21 number, size, color, type, construction, location and use of
22 other equipment on vehicles consistent with but not limited by
23 the provisions of this subchapter and taking into consideration
24 different requirements for different classes or types of
25 vehicles.
26 § 4522. Violation of Federal statute or regulation.
27 (a) General rule.--No person shall drive a vehicle on any
28 highway in violation of any provision of a Federal statute or
29 regulation relating to any type of equipment or documents used
30 in the vehicle while engaged in interstate commerce.
19750H1817B3266 - 265 -
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 $100.
4 § 4523. Exhaust systems, mufflers and noise control.
5 (a) Compliance with established sound levels.--Every motor
6 vehicle operated on a highway shall be constructed, equipped,
7 maintained and operated so as not to exceed the sound level for
8 the vehicle as prescribed in regulations promulgated by the
9 department. The test procedures and instrumentation to be
10 utilized shall also be established by regulation. All such <--
11 regulations shall be approved by the General Assembly before
12 they become effective. Headers and side exhausts shall be
13 permitted provided that they meet all requirements of subsection
14 (d).
15 (b) Compliance with exhaust requirements.--In addition to
16 any requirements established under sections 4531 (relating to
17 emission control systems) and 4532 (relating to smoke control
18 for diesel-powered motor vehicles), every motor vehicle shall be
19 constructed, equipped, maintained and operated so as to prevent
20 engine exhaust gases from penetrating and collecting in any part
21 of the vehicle occupied by the driver or passengers.
22 (c) Mufflers and related equipment.--Every motor vehicle
23 shall be equipped with a muffler or other effective noise
24 suppressing system in good working order and in constant
25 operation and no muffler or exhaust system shall be equipped
26 with a cutout, bypass or similar device.
27 (d) Unauthorized modification of equipment.--No person shall
28 modify the exhaust system of a motor vehicle in a manner which
29 will amplify or increase the noise emitted by the motor of the
30 vehicle above the maximum levels permitted under subsection (a)
19750H1817B3266 - 266 -
1 or violate the provisions of subsection (b). The original <--
2 muffler shall comply with all of the requirements of this part.
3 No person shall operate a motor vehicle with an exhaust system
4 so modified as to exceed the permissible noise levels
5 established under this section. HEADERS AND SIDE EXHAUSTS ARE <--
6 PERMITTED PROVIDED THE VEHICLE MEETS ALL THE REQUIREMENTS OF
7 THIS SECTION.
8 (e) Fire equipment and racing vehicles.--This section does
9 not apply to fire equipment or to racing vehicles being operated
10 in an organized racing or competitive event conducted under a
11 permit issued by local authorities. except that headers and side <--
12 exhausts shall be permitted provided the vehicle meets all other
13 requirements of this section.
14 § 4524. Windshield obstructions and wipers.
15 (a) Obstruction on front windshield.--No person shall drive
16 any motor vehicle with any sign, poster or other nontransparent
17 material upon the front windshield except an inspection
18 certificate, STICKER IDENTIFICATION SIGN ON A MASS TRANSIT <--
19 VEHICLE or other officially required sticker and no person shall
20 drive any motor vehicle with any ice or snow on the front
21 windshield which materially obstructs, obscures or impairs the
22 driver's clear view of the highway or any intersecting highway.
23 (b) Obstruction on side and rear windows.--No person shall
24 drive any motor vehicle with any sign, poster or other
25 nontransparent material, including ice or snow, upon the side
26 wings or side or rear windows of the vehicle which materially
27 obstructs, obscures or impairs the driver's clear view of the
28 highway or any intersecting highway.
29 (c) Other obstruction.--No person shall drive any motor
30 vehicle with any object or material hung from the inside rear
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1 view mirror or otherwise hung, placed or attached in such a
2 position as to materially obstruct, obscure or impair the
3 driver's vision through the front windshield or any manner as to
4 constitute a safety hazard.
5 (d) Windshield wiper systems.--The windshield on every motor
6 vehicle other than a motorcycle or motor-driven cycle shall be
7 equipped with a wiper system capable of cleaning rain, snow or
8 other moisture from the windshield, and so constructed as to be
9 controlled or operated by the driver of the vehicle.
10 § 4525. Tire equipment and traction surfaces.
11 (a) General rule.--No vehicle shall be operated on the
12 highway unless the vehicle is equipped with tires of a type,
13 size and construction approved by the department for the vehicle
14 and unless the tires are in a safe operating condition as
15 determined in accordance with regulations of the department.
16 (b) Vehicles not equipped with pneumatic tires.--It is
17 unlawful for any person to operate or move, or cause or permit
18 to be moved, in contact with any highway any vehicle equipped
19 with traction or road contact surfaces other than pneumatic
20 tires unless of a type, size and construction permitted by
21 regulations of the department and unless the movement is made
22 under specific conditions allowed by regulations of the
23 department.
24 (c) Ice grips and tire studs.--Vehicles with tires in which <--
25 have been inserted ice grips or tire studs of wear-resisting
26 material may be driven on highways from November 1 of each year
27 to April 30 of the following year if the grips or studs are
28 installed in such manner as to provide resiliency upon contact
29 with the road, with projections not to exceed two thirty-seconds
30 of an inch beyond the tread of the traction surface of the tire,
19750H1817B3266 - 268 -
1 and constructed to prevent any appreciable damage to the road
2 surface. The provisions of this subsection shall not apply to
3 fire fighting vehicles.
4 (C) TIRE STUDS.--NO VEHICLE HAVING TIRES CONTAINING STUDS <--
5 SHALL BE DRIVEN ON ANY HIGHWAY.
6 (d) Tire chains.--Tire chains may be temporarily used on
7 vehicles during periods of snow and ice emergency if they are in
8 conformance with regulations promulgated by the department.
9 § 4526. Safety glass.
10 (a) Safety glass required.--It is unlawful to sell or to
11 operate on any highway in this Commonwealth any vehicle
12 manufactured or assembled after January 1, 1934, and registered
13 in this Commonwealth unless the vehicle is equipped with safety
14 glass or similar material, which is in compliance with
15 regulations promulgated by the department, wherever transparent
16 or translucent material is used in the vehicle in doors,
17 windows, windshields and wings.
18 (b) Replacement of glass.--It is unlawful for the owner of
19 any vehicle to have safety glass, broken or otherwise, in the
20 windshields, doors, windows or wings of the vehicle replaced
21 with any glass other than safety glass. It is unlawful for any
22 person to install in the windshields, doors, windows or wings of
23 any vehicle any glass other than safety glass.
24 (c) Violation by common carrier or public utility.--In case
25 of any violation of any provision of this section by any common
26 carrier or person operating under a certificate of authority
27 issued by the Pennsylvania Public Utility Commission, the
28 certificate shall either be revoked or, in the discretion of the
29 commission, suspended until the provision or provisions are
30 complied with to the satisfaction of the commission.
19750H1817B3266 - 269 -
1 (d) Exception.--This section does not apply to house
2 trailers.
3 § 4527. Television equipment.
4 No motor vehicle operated on a highway shall be equipped with
5 television-type receiving equipment forward of the back of the
6 driver's seat or otherwise visible to the driver. This section
7 does not prevent the use of television-type receiving equipment
8 in a vehicle used exclusively for safety or law enforcement
9 purposes as approved by the Pennsylvania State Police.
10 § 4528. Fire extinguishers.
11 Every vehicle towing a house trailer, every motor home and
12 every motor vehicle with a mounted truck-camper shall be
13 equipped with at least one fire extinguisher of a type and size
14 approved by the department.
15 § 4529. Slow moving vehicle emblem.
16 (a) General rule.--All implements of husbandry and special
17 mobile equipment designed to operate at 25 miles per hour or
18 less and all animal-drawn vehicles shall, when traveling on a
19 highway, display on the rear of the vehicle a reflective slow
20 moving vehicle emblem as specified in regulations of the
21 department. The use of the slow moving vehicle emblem shall be
22 in addition to any other lighting devices or equipment required
23 by this title.
24 (b) Limitations on use or display.--No person shall use or
25 display the slow moving vehicle emblem except as provided in
26 this section nor shall any person display the emblem on a
27 vehicle traveling at a speed in excess of 25 miles per hour.
28 (c) Towed vehicles.--The emblem shall be required to be
29 displayed on a slow moving vehicle which is being towed on a
30 highway unless the towing vehicle displays the emblem in such a
19750H1817B3266 - 270 -
1 manner as to be clearly visible from the rear.
2 § 4530. Portable emergency warning devices.
3 (a) General rule.--Every truck, truck-tractor and bus and
4 any motor vehicle towing a trailer shall carry at least three
5 portable emergency warning devices of a type specified by
6 regulations promulgated by the department. The regulations shall
7 be consistent with Motor Carrier Safety Regulations, Department
8 of Transportation, Federal Highway Administration, Bureau of
9 Motor Carrier Safety, section 393.95.
10 (b) When display required.--Whenever any vehicle of a type
11 referred to in subsection (a) is disabled or stopped for more
12 than ten minutes upon a roadway or shoulder outside of an urban
13 district, or upon any divided highway, the driver of the vehicle
14 shall display the portable warning devices of the type required
15 under subsection (a) in such manner as the department shall
16 direct by regulations.
17 § 4531. Emission control systems.
18 (a) Compliance with established maximum levels.--No vehicle
19 manufactured in compliance with the requirements of the Clean
20 Air Act (77 Stat.392, 42 U.S.C. § 1857), or any amendments or
21 supplements thereto, shall have emissions exceeding the maximum
22 permissible levels prescribed by law.
23 (b) Limitation or alteration of system.--No person shall
24 change or alter the emission control system of a vehicle in such
25 a manner that it fails to comply with the prescribed emissions
26 criteria. It is unlawful for the vehicle to be operated under
27 its own power until a reinspection at an official inspection
28 station establishes its full compliance.
29 § 4532. Smoke control for diesel-powered motor vehicles.
30 (a) Standards and inspection.--The department shall
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1 promulgate regulations for the control of smoke from diesel-
2 powered motor vehicles prescribing standards, inspection
3 procedures and inspection equipment. All such regulations shall <--
4 be approved by the General Assembly before they become
5 effective.
6 (b) Compliance with standards.--No person shall operate a
7 diesel-powered motor vehicle on a highway in such a manner that
8 the smoke emitted exceeds the standards established under this
9 section. Each day of operation in violation shall constitute a
10 separate offense under this subsection.
11 (c) Correction to avoid prosecution.--Any person arrested in
12 violation of this section shall, upon written notice, be given
13 the opportunity to correct the violation within 48 hours. If
14 sufficient proof of correction is furnished to the arresting
15 officer or his representative within 48 hours of the delivery of
16 the written notice, no prosecution of the violation shall be
17 brought.
18 (d) Limitation on alteration of system.--No person shall
19 intentionally change or alter a factory installed smoke control
20 system on any diesel-powered vehicle or its fuel system so as to
21 limit the ability of the system to control smoke, and no person
22 shall remove the smoke control system except for repair or
23 installation of a proper replacement.
24 § 4533. Spray protection. <--
25 Every motor vehicle and combination operated on a highway
26 shall be equipped with fenders or other devices or be otherwise
27 constructed as to minimize the throwing of water, dirt or other
28 road substances from the rear wheels into following traffic.
29 § 4533. REAR WHEEL SHIELDS. <--
30 EVERY TRUCK, TRUCK-TRACTOR AND COMBINATION, WHEN USED ON A
19750H1817B3266 - 272 -
1 HIGHWAY, SHALL BE SO CONSTRUCTED OR EQUIPPED AS TO BAR WATER OR
2 OTHER ROAD SURFACE SUBSTANCES THROWN FROM THE REAR WHEELS OF
3 SUCH VEHICLE OR COMBINATION AT TANGENTS EXCEEDING 22 1/2
4 DEGREES, MEASURED FROM THE ROAD SURFACE, FROM PASSING IN A
5 STRAIGHT LINE TO THE REAR OF SUCH VEHICLE OR COMBINATION.
6 § 4534. Rear-view mirrors.
7 No person shall operate a motor vehicle or combination on a
8 highway unless the vehicle or combination is equipped with at
9 least one mirror, or similar device, which provides the driver
10 an unobstructed view of the highway to the rear of the vehicle
11 or combination.
12 § 4535. Audible warning devices.
13 (a) General rule.--Every motor vehicle operated on a highway
14 shall be equipped with a horn or other audible warning device of
15 a type approved in regulations of the department.
16 (b) Certain sound devices prohibited.--Except as
17 specifically provided in this part or by regulations of the
18 department, no vehicle operated on a highway shall be equipped
19 with a siren, bell, whistle or any device emitting a similar
20 sound or any unreasonably loud or harsh sound.
21 § 4536. Bumpers.
22 No person shall operate any vehicle upon a highway without
23 bumpers of a type specified by regulations of the department in
24 both the front and rear unless the vehicle was originally
25 designed and manufactured to be used without bumpers.
26 SUBCHAPTER C
27 VEHICLES FOR TRANSPORTATION OF SCHOOL CHILDREN
28 Sec.
29 4551. Safety regulations.
30 4552. General requirements for school buses.
19750H1817B3266 - 273 -
1 4553. General requirements for other vehicles transporting
2 school children.
3 § 4551. Safety regulations.
4 (a) General rule.--All school buses and all other vehicles
5 used in the transportation of school children, owned by or under
6 contract with any school district or parochial or private
7 school, shall conform to standards prescribed by the department.
8 Regulations shall be promulgated by the department governing the
9 safe design, construction, equipment and operation of vehicles
10 engaged in the transportation of school children.
11 (b) Violation and penalty.--No person shall operate or
12 permit the operation of a vehicle of a type specified in this
13 subchapter which is not in compliance with the requirements of
14 this subchapter or applicable regulations issued under this
15 subchapter. Violation of this section constitutes a summary
16 offense punishable by a fine of not less than $50 nor more than
17 $100.
18 § 4552. General requirements for school buses.
19 (a) Color and identification.--Every school bus shall be of
20 a uniform color scheme and labeled "School Bus" on both front
21 and rear as provided by regulation. Exterior labels and markings
22 other than those specifically required or permitted by law or
23 regulation shall be prohibited.
24 (b) Visual signals.--In addition to the applicable lighting
25 requirements of Chapter 43 (relating to lighting equipment)
26 every school bus shall be equipped with a uniform front and rear
27 system of red and amber visual signals for the warning and
28 control of traffic during route operations as provided in
29 section 3345 (relating to meeting or overtaking school bus) and
30 in regulations of the department.
19750H1817B3266 - 274 -
1 (c) Body construction.--Every school bus shall be designed
2 and constructed to provide a single, closed metal body with
3 adequate ventilation and an entrance door of adequate clearance
4 and safe design visible to and controlled only by the driver. At
5 least one emergency exit door of safe design and construction
6 and adequate labeling shall be located in or near the rear of
7 the school bus. All side windows shall be of a safe design which
8 will provide emergency egress for passengers.
9 (d) Seating.--Adequate seating space of safe design and
10 construction shall be provided for each passenger and no
11 passenger shall be carried for which adequate seating space is
12 not available and used.
13 (e) Visibility.--Every school bus shall be designed and
14 equipped so as to provide the driver with an unobstructed view
15 of any pedestrian in proximity to the vehicle.
16 (f) Emergency equipment.--Every school bus shall carry, in
17 good and usable condition, at least one fire extinguisher of
18 adequate size and type and such other emergency equipment as
19 regulations may prescribe.
20 (g) Emergency drills.--Each school district and the
21 administration of every private school within this Commonwealth
22 shall ensure, through adequate instruction and a minimum of two
23 actual drills each year, that every student is familiar with
24 school bus emergency procedures and equipment and safe loading
25 and unloading operations.
26 (h) Duty of department.--The department shall by regulation
27 adopt specific requirements implementing this section and any
28 additional requirements, not inconsistent with this section,
29 which will ensure the maximum safety of school children
30 furnished transportation. Unless required by Federal law or
19750H1817B3266 - 275 -
1 regulation, the regulations established by the department shall
2 not require vehicles which pick up and discharge school children
3 only at locations off the highway to be of any particular color
4 or to display flashing red and amber lights.
5 § 4553. General requirements for other vehicles transporting
6 school children.
7 (a) Buses operated by urban mass transportation systems.--
8 Buses, other than school buses, operated by urban mass
9 transportation systems for the exclusive transportation of
10 school children shall comply with Federal safety standards and
11 such other safety regulations as the Pennsylvania Public Utility
12 Commission and the department shall provide for such buses.
13 (b) Other vehicles.--A motor vehicle used to transport
14 children to or from school or in connection with school
15 activities, which is not a school bus because of its limited
16 seating capacity, shall comply with regulations established by
17 the department for such vehicles. Unless required by Federal law
18 or regulation, the regulations established by the department
19 shall not require vehicles which pick up and discharge school
20 children only at locations off the highway to be of any
21 particular color OR to display flashing red and amber lights. <--
22 SUBSECTION D
23 EQUIPMENT OF AUTHORIZED AND EMERGENCY VEHICLES
24 Sec.
25 4571. Visual and audible signals on emergency vehicles.
26 4572. Visual signals on authorized vehicles.
27 § 4571. Visual and audible signals on emergency vehicles.
28 (a) General rule.--Every emergency vehicle shall be equipped <--
29 with one or more revolving or flashing red lights of sufficient
30 intensity to be visible in all directions at 500 feet in normal
19750H1817B3266 - 276 -
1 sunlight and an audible warning system of a type approved by the
2 department. Police and fire vehicles may be equipped with a
3 mounted rack containing one or more emergency warning lights or
4 side mounted adjustable flood lights, or both. Any police
5 department may attach or mount on the exterior of any police
6 vehicle spotlights with an adjustable socket. This spotlight
7 shall be used only for emergency illuminating purposes.
8 (b) Police vehicles in general.--Police vehicles may, in
9 addition to the requirements of subsection (a), be equipped with
10 approved revolving or flashing blue lights. The combination of
11 red and blue lights may be used only on police vehicles.
12 (c) Unmarked police vehicles.--An unmarked police vehicle
13 when used as an emergency vehicle and equipped with an approved
14 audible warning system may be equipped with the lights described
15 in subsections (a) and (b).
16 (A) GENERAL RULE.--EVERY EMERGENCY VEHICLE SHALL BE EQUIPPED <--
17 WITH ONE OR MORE REVOLVING OR FLASHING RED LIGHTS AND AN AUDIBLE
18 WARNING SYSTEM.
19 (B) POLICE AND FIRE VEHICLES.--
20 (1) POLICE VEHICLES MAY IN ADDITION TO THE REQUIREMENTS
21 OF SUBSECTION (A) BE EQUIPPED WITH REVOLVING OR FLASHING BLUE
22 LIGHTS. THE COMBINATION OF RED AND BLUE LIGHTS MAY BE USED
23 ONLY ON POLICE VEHICLES.
24 (2) SPOTLIGHTS WITH ADJUSTABLE SOCKETS MAY BE ATTACHED
25 TO OR MOUNTED ON POLICE VEHICLES.
26 (3) UNMARKED POLICE VEHICLES, USED AS EMERGENCY VEHICLES
27 AND EQUIPPED WITH AUDIBLE WARNING SYSTEMS, MAY BE EQUIPPED
28 WITH THE LIGHTS DESCRIBED IN THIS SECTION.
29 (4) POLICE AND FIRE VEHICLES MAY BE EQUIPPED WITH A
30 MOUNTED RACK CONTAINING ONE OR MORE EMERGENCY WARNING LIGHTS
19750H1817B3266 - 277 -
1 OR SIDE MOUNTED ADJUSTABLE FLOODLIGHTS, OR BOTH.
2 (C) GAME COMMISSION VEHICLES.--VEHICLES OWNED AND OPERATED
3 BY THE PENNSYLVANIA GAME COMMISSION MAY BE EQUIPPED WITH
4 REVOLVING OR FLASHING RED LIGHTS IN ACCORDANCE WITH SUBSECTION
5 (A).
6 (d) Vehicles prohibited from using signals.--Except as
7 otherwise specifically provided in this part, no vehicle other
8 than an emergency vehicle may be equipped with lights or audible
9 warning systems identical or similar to those specified in
10 subsections (a) and (b).
11 (e) Authorized period of use.--The lights and warning
12 systems specified by this section may be used only during an
13 emergency or in the interest of public safety and by police
14 officers in enforcement of the law.
15 (f) Game Commission vehicles.--Any vehicle owned and <--
16 operated by the Pennsylvania Game Commission may be equipped
17 with revolving or flashing red lights in accordance with
18 subsection (a).
19 (F) CORONER VEHICLES.--ONE VEHICLE OWNED BY A CORONER AND <--
20 ONE VEHICLE OWNED BY A CHIEF DEPUTY CORONER MAY BE EQUIPPED WITH
21 REVOLVING OR FLASHING RED AND BLUE LIGHTS IN ACCORDANCE WITH
22 SUBSECTION (B).
23 (G) CONFORMITY WITH DEPARTMENT REGULATIONS.--ALL EQUIPMENT
24 AUTHORIZED OR REQUIRED BY THIS SECTION SHALL CONFORM TO
25 DEPARTMENT REGULATIONS.
26 § 4572. Visual signals on authorized vehicles.
27 (a) Flashing or revolving blue lights.--Ambulance personnel,
28 volunteer firefighters and owners and handlers of dogs used in
29 tracking humans may each equip one motor vehicle with no more
30 than two flashing or revolving blue lights.
19750H1817B3266 - 278 -
1 (1) In order to be eligible to display lights on their
2 vehicles under this subsection, the names of the ambulance
3 personnel and volunteer firefighters shall be submitted to
4 the nearest station of the Pennsylvania State Police on a
5 list signed by the chief of the ambulance or fire department
6 or company and each dog owner and handler shall register at
7 the nearest Pennsylvania State Police station.
8 (2) The manner in which the lights are displayed and
9 their intensity shall be determined by regulation of the
10 department.
11 (3) The lights shall be operable by the driver from
12 inside the vehicle.
13 (4) The lights may be used only while enroute to or at
14 the scene of a fire or emergency call.
15 (5) The lights shall be removed from the vehicle within
16 ten days of receipt of notice from the chief of the ambulance
17 or fire department or company to remove the lights upon
18 termination of the person's status as an active volunteer
19 firefighter or ambulance person or upon termination of the
20 person's active status as a dog owner or handler, or when the
21 vehicle is no longer used in connection with the person's
22 duties as a volunteer firefighter or ambulance person or dog
23 owner or handler.
24 (6) This subsection does not relieve the driver from the
25 duty to drive with due regard for the safety of all persons
26 nor exempt the driver from complying with all provisions of
27 this title.
28 (b) Flashing or revolving yellow lights.--Vehicles
29 authorized pursuant to the provisions of section 6107 (relating
30 to designation of authorized vehicles by department) may be
19750H1817B3266 - 279 -
1 equipped with no more than two flashing or revolving yellow
2 lights. The manner in which the light shall be displayed and the
3 intensity shall be determined by regulation of the department.
4 (c) Vehicles prohibited from using lights.--No vehicle other
5 than a duly authorized vehicle may be equipped with lights
6 identical or similar to those specified in subsections (a) and
7 (b).
8 CHAPTER 47
9 INSPECTION OF VEHICLES
10 Subchapter
11 A. Inspection Requirements
12 B. Official Inspection Stations
13 SUBCHAPTER A
14 INSPECTION REQUIREMENTS
15 Sec.
16 4701. Duty to comply with inspection laws.
17 4702. Requirement for periodic inspection of vehicles.
18 4703. Operation of vehicle without official certificate of
19 inspection.
20 4704. Notice by police officers of violation.
21 4705. Inspection of vehicles for transportation of school
22 children.
23 § 4701. Duty to comply with inspection laws.
24 No owner or driver shall refuse to submit a vehicle to any
25 inspection and test that is authorized or required by the
26 provisions of this chapter.
27 § 4702. Requirement for periodic inspection of vehicles.
28 (a) General rule.--Every vehicle registered in this <--
29 Commonwealth, except fire fighting, antique and classic
30 vehicles, shall be inspected semi-annually on a schedule
19750H1817B3266 - 280 -
1 established by the department and an official certificate of
2 inspection and approval obtained for the vehicle. Any vehicle
3 owned or operated by any paid or volunteer fire department or
4 company and which is used for fire fighting purposes shall be
5 inspected annually on a schedule established by the department.
6 Antique and classic vehicles with antique or classic vehicle
7 plates issued pursuant to section 1340 (relating to antique and
8 classic plates) shall be inspected annually and an official
9 certificate of inspection and approval obtained for the vehicle.
10 The items of equipment and the method of inspection shall be in
11 accordance with regulations of the department.
12 (A) GENERAL RULE.--THE DEPARTMENT SHALL ESTABLISH A SYSTEM <--
13 OF SEMI-ANNUAL INSPECTION OF VEHICLES REGISTERED IN THIS
14 COMMONWEALTH.
15 (B) ANNUAL INSPECTION OF CERTAIN VEHICLES.--TRAILERS USED
16 EXCLUSIVELY FOR RECREATIONAL PURPOSES HAVING A CHASSIS AND BODY
17 WEIGHT OF 1,000 POUNDS OR MORE IF MANUFACTURED BEFORE JANUARY 1,
18 1972, OR A GROSS VEHICLE WEIGHT RATING (GVWR) OF 1,500 POUNDS OR
19 MORE IF MANUFACTURED ON OR AFTER JANUARY 1, 1972, VEHICLES
20 REGISTERED AS ANTIQUE AND CLASSIC VEHICLES, FIRE FIGHTING
21 VEHICLES AND MOTORCYCLES SHALL BE SUBJECT TO ANNUAL INSPECTION.
22 (b) (C) Inspection of vehicles reentering this <--
23 Commonwealth.--Owners of Pennsylvania registered vehicles which
24 have been outside of this Commonwealth continuously for 30 days
25 or more and which at the time of reentering this Commonwealth do
26 not bear a currently valid certificate of inspection and
27 approval shall, within five days of reentering this
28 Commonwealth, proceed to an official inspection station for an
29 inspection of the vehicle.
30 (c) (D) Extension of inspection period.--The department may, <--
19750H1817B3266 - 281 -
1 by regulation, extend the time for any of the inspections
2 required by this chapter for not more than 30 days due to
3 weather conditions or other causes which render compliance with
4 the provisions of this chapter within the prescribed time
5 difficult or impossible.
6 (d) (E) EXCEPTION.--THIS SECTION DOES NOT APPLY TO SPECIAL <--
7 MOBILE EQUIPMENT. ANY RECREATIONAL TRAILER HAVING A CHASSIS AND <--
8 A BODY WEIGHT OF LESS THAN 1,000 POUNDS IF MANUFACTURED BEFORE
9 JANUARY 1, 1972, OR A GROSS VEHICLE WEIGHT RATING (GVWR) OF LESS
10 THAN 1,500 POUNDS IF MANUFACTURED ON OR AFTER JANUARY 1, 1972.
11 § 4703. Operation of vehicle without official certificate of
12 inspection.
13 (a) General rule.--No REGISTERED motor vehicle or SHALL BE <--
14 DRIVEN AND NO REGISTERED trailer shall be driven MOVED on a <--
15 highway unless the vehicle displays a currently valid
16 certificate of inspection and approval.
17 (b) Exceptions.--Subsection (a) does not apply to: any <--
18 vehicle while it is being towed to an official inspection
19 station nor to any vehicle while being operated by an owner or
20 (1) SPECIAL MOBILE EQUIPMENT. <--
21 (2) IMPLEMENTS OF HUSBANDRY.
22 (3) MOTOR VEHICLES BEING TOWED.
23 (4) MOTOR VEHICLES BEING OPERATED OR TRAILERS BEING
24 TOWED BY AN OWNER OR employee of an official inspection
25 station for the purpose of inspection.
26 (c) Display of unauthorized certificate of inspection.--No
27 certificate of inspection and approval shall be displayed unless
28 an official inspection has been made and the vehicle is in
29 conformance with the provisions of this chapter.
30 (d) Authority of police.--Any police officer may stop any
19750H1817B3266 - 282 -
1 motor vehicle or trailer and require the owner or operator to
2 display an official certificate of inspection and approval for
3 the vehicle being operated. A police officer may summarily
4 remove an unlawfully issued certificate of inspection from any
5 vehicle.
6 § 4704. Notice by police officers of violation.
7 (a) General rule.--Any police officer having probable cause
8 to believe that any vehicle, regardless of whether it is being
9 operated, is unsafe or not equipped as required by law may at
10 any time submit a written notice of the condition to the driver
11 of the vehicle or to the owner, or if neither is present, to an
12 adult occupant of the vehicle, or if the vehicle is unoccupied,
13 the notice shall be attached to the vehicle in a conspicuous
14 place.
15 (1) If an item of equipment is broken or missing, the
16 notice shall specify the particulars of the condition and
17 require that the equipment be adjusted or repaired. Within
18 five days evidence must be submitted to the police that the
19 requirements for repair have been satisfied.
20 (2) If the police officer has probable cause to believe
21 that a vehicle is unsafe or not in proper repair, he may
22 require in the written notice that the car be inspected. The
23 owner or driver shall submit to the police within five days
24 of the date of notification certification from an official
25 inspection station that the vehicle has been restored to safe
26 operating condition in relation to the particulars specified
27 on the notice.
28 (3) After the expiration of the five-day period
29 specified in paragraphs (1) and (2), the vehicle shall not be
30 operated upon the highways of this Commonwealth until the
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1 owner or driver has submitted to the police evidence of
2 compliance with the requirements of paragraph (1) or (2),
3 whichever is applicable.
4 (b) Operation prohibited if hazardous.--In the event a
5 vehicle, in the reasonable judgment of the officer, is in such
6 condition that further operation would be hazardous, the officer
7 may require that the vehicle not be operated under its own power
8 and may so stipulate in the notice given under subsection (a).
9 § 4705. Inspection of vehicles for transportation of school
10 children.
11 (a) State Police inspection.--The owner of every school bus
12 shall, in addition to any other inspection required by this
13 chapter, submit the vehicle to the Pennsylvania State Police
14 annually prior to operating the vehicle for the transportation
15 of school children during the school year, to determine whether
16 the vehicle conforms with the provisions of this chapter
17 including regulations promulgated by the department. If the
18 vehicle is in conformance, a certificate of inspection and
19 approval shall be issued by the Pennsylvania State Police.
20 (b) Display of certificate.--No vehicle requiring a
21 certificate of inspection under the provisions of this section
22 shall be operated without prominently displaying the
23 certificate, in the manner directed by the department, in
24 addition to any other certificate required by law, on any of the
25 highways of this Commonwealth.
26 SUBCHAPTER B
27 OFFICIAL INSPECTION STATIONS
28 Sec.
29 4721. Appointment of official inspection stations.
30 4722. Certificate of appointment.
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1 4723. Certificate of appointment for inspecting fleet
2 vehicles.
3 4724. Suspension of certificates of appointment.
4 4725. Use of certificate of appointment at official inspection
5 stations.
6 4726. Certification of mechanics.
7 4727. Issuance of certificate of inspection.
8 4728. Display of certificate of inspection.
9 4729. Removal of certificate of inspection.
10 4730. Violations of use of certificate of inspection.
11 4731. Records of inspections and certificates issued.
12 4732. Inspection Advisory Board.
13 § 4721. Appointment of official inspection stations.
14 For the purpose of establishing a system of official
15 inspection stations, the department shall issue certificates of
16 appointment to privately owned facilities within this
17 Commonwealth that comply with the requirements of this chapter
18 and regulations adopted by the department. The department shall
19 issue instructions and all necessary forms to such facilities.
20 Official inspection stations are authorized to inspect vehicles
21 and issue official certificates of inspection.
22 § 4722. Certificate of appointment.
23 (a) Application and issuance.--Application for a certificate
24 of appointment shall be made upon an official form. The
25 certificate of appointment shall be issued only when the
26 department is satisfied that the station is equipped properly
27 and has competent personnel to make inspections and adjustments
28 and that inspections will be conducted properly. Only those
29 stations fulfilling department requirements and complying with
30 department regulations shall be issued a certificate of
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1 appointment.
2 (b) Separate application for each place of business.--If the
3 applicant has or intends to have more than one place of business
4 within this Commonwealth, a separate application shall be made
5 for each place of business.
6 (c) Bond or proof of insurance.--Before issuing a
7 certificate of appointment the department shall require a bond
8 or proof of insurance to provide compensation for any damage to
9 a vehicle during an inspection or adjustment due to negligence
10 on the part of the applicant or its employees in such amount as
11 is deemed adequate by the department pursuant to department
12 regulations.
13 § 4723. Certificate of appointment for inspecting fleet
14 vehicles.
15 The department may issue a certificate of appointment under
16 the provisions of this chapter to any person who owns or leases
17 15 or more vehicles and who meets the requirements of this
18 chapter and regulations adopted by the department. The
19 certificate of appointment may authorize inspection of only
20 those vehicles owned or leased by such person.
21 § 4724. Suspension of certificates of appointment.
22 (a) General rule.--The department shall supervise and
23 inspect official inspection stations and shall suspend the
24 certificate of appointment issued to a station which it finds is
25 not properly equipped or conducted or which has violated or
26 failed to comply with any of the provisions of this chapter or
27 regulations adopted by the department. The department shall
28 maintain a list of all stations holding certificates of
29 appointment and of those whose certificates of appointment have
30 been suspended. Any suspended certificate of appointment and all
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1 unused certificates of inspection shall be returned immediately
2 to the department.
3 (b) Judicial review.--Any person whose certificate of
4 appointment has been denied or suspended under this chapter
5 shall have the right to file a petition within 30 days for a
6 hearing on the matter in the court of common pleas of the county
7 in which the inspection station is located. The court is hereby
8 vested with jurisdiction and it shall be its duty to set the
9 matter for hearing upon 30 days' written notice to the
10 department and to take testimony and examine into the facts of
11 the case and to determine whether the petitioner is entitled to
12 a certificate of appointment or is subject to suspension of the
13 certificate of appointment under the provisions of this chapter.
14 § 4725. Use of certificate of appointment at official
15 inspection stations.
16 (a) General rule.--No person shall in any manner represent
17 any place as an official inspection station unless the station
18 is operating under a valid certificate of appointment issued by
19 the department.
20 (b) Transfer, use and posting.--No certificate of
21 appointment for any official inspection station shall be
22 assigned or transferred or used at any location other than the
23 one designated in the certificate. The certificate of
24 appointment shall be posted in a conspicuous place at such
25 location.
26 (c) Penalty.--Any person violating this section for the
27 first time is guilty of a summary offense and shall, upon
28 conviction, be sentenced to pay a fine of $100. Any subsequent
29 violation of this section constitutes a misdemeanor of the third
30 degree punishable by a fine of not less than $500.
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1 § 4726. Certification of mechanics.
2 No mechanic shall conduct motor vehicle inspections at an
3 official inspection station unless certified as to training,
4 qualifications and competence by the department according to
5 department regulations. THE PROVISIONS OF THIS TITLE OR <--
6 REGULATIONS ADOPTED THEREUNDER SHALL NOT BE CONSTRUED OR APPLIED
7 IN A MANNER WHICH WOULD PRECLUDE OR IMPAIR THE RIGHT OF A PERSON
8 WHO IS A RESIDENT OF ANOTHER STATE, AND WHO IS IN POSSESSION OF
9 A VALID DRIVER'S LICENSE ISSUED BY SUCH STATE, TO BE CERTIFIED
10 TO CONDUCT MOTOR VEHICLE INSPECTIONS AT AN OFFICIAL INSPECTION
11 STATION IN THIS COMMONWEALTH. No official inspection station
12 appointment shall be issued or renewed unless a certified
13 official inspection mechanic is there employed.
14 § 4727. Issuance of certificate of inspection.
15 (a) Requirements prior to inspection.--No vehicle shall be
16 inspected unless it is duly registered and the registration card <--
17 is signed and contains the information required by section
18 1311(a) (relating to registration card to be signed and
19 exhibited on demand). INSURED. THE OWNER OR OPERATOR OR AN <--
20 EMPLOYEE OF THE OFFICIAL INSPECTION STATION SHALL EXAMINE THE
21 REGISTRATION CARD AND PROOF OF INSURANCE IN ORDER TO ASCERTAIN
22 THAT THE VEHICLE IS REGISTERED AND INSURED.
23 (b) Requirements for issuance of certificate.--An official
24 certificate of inspection shall not be issued unless the vehicle
25 is inspected and found to be in compliance with the provisions
26 of this chapter including any regulations promulgated by the
27 department. Notation of the odometer reading shall be included
28 on the certificate of inspection.
29 § 4728. Display of certificate of inspection.
30 The appropriate certificate of inspection shall be affixed to
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1 the vehicle as specified in regulations adopted by the
2 department.
3 § 4729. Removal of certificate of inspection.
4 No certificate of inspection shall be removed from a vehicle
5 for which the certificate was issued except to replace it with a
6 new certificate of inspection issued in accordance with the
7 provisions of this chapter or as follows:
8 (1) The police officer may remove a certificate of
9 inspection in accordance with the provisions of section
10 4703(d) (relating to operation of vehicle without official
11 certificate of inspection).
12 (2) A person replacing a windshield or repairing a
13 windshield in such a manner as to require removal of a
14 certificate of inspection shall cut out the portion of the
15 windshield containing the certificate and deliver it to the
16 registrant of the vehicle or, at the option of the
17 registrant, destroy the certificate. The registrant shall
18 display the portion of the old windshield containing the
19 certificate as prescribed in department regulations until the
20 vehicle is next inspected. IN EXCHANGE FOR THE PORTION OF THE <--
21 OLD WINDSHIELD CONTAINING THE CERTIFICATE OF INSPECTION, AN
22 OFFICIAL INSPECTION STATION MAY AFFIX TO THE VEHICLE ANOTHER
23 CERTIFICATE OF INSPECTION FOR THE SAME INSPECTION PERIOD
24 WITHOUT REINSPECTING THE VEHICLE. A FEE OF NO MORE THAN $1
25 MAY BE CHARGED FOR THE EXCHANGED CERTIFICATE OF INSPECTION.
26 (3) A salvor shall remove and destroy the certificate of
27 inspection on every vehicle in his possession except vehicles
28 used in the operation of the business of the salvor.
29 § 4730. Violations of use of certificate of inspection.
30 (a) General rule.--No person shall:
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1 (1) make, issue, transfer or possess any imitation or
2 counterfeit of an official certificate of inspection; or
3 (2) display or cause to be displayed on any vehicle or
4 have in possession any certificate of inspection knowing the
5 same to be fictitious or stolen or issued for another vehicle
6 or issued without an inspection having been made.
7 (b) Unauthorized use by official inspection station.--No
8 official inspection station shall furnish, loan, give or sell
9 certificates of inspection and approval to any other official
10 inspection station or any other person except upon an inspection
11 made in accordance with the requirements of this chapter.
12 (c) Penalty.--A first offense of violating the provisions of
13 this section constitutes a summary offense punishable by a fine
14 of $100. A second or subsequent offense constitutes a
15 misdemeanor of the third degree.
16 § 4731. Records of inspections and certificates issued.
17 A record shall be made of every inspection and every
18 certificate issued and the record shall be forwarded to the
19 department in the manner and at the time the department shall
20 specify by regulation. An official inspection station and its
21 records shall be open for inspection by any police officer or
22 authorized department employee.
23 § 4732. Inspection Advisory Board.
24 (a) Membership.--There shall be an Inspection Advisory Board
25 consisting of 11 members appointed by the secretary. The board
26 shall be composed of an authorized representative of the
27 department and of the Pennsylvania State Police and
28 representatives of the automotive industry and the public, as
29 follows: a new car dealer, a used car dealer, a fleet owner, a
30 certified mechanic, a service station operator, a parts and
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1 equipment wholesaler, an independent repair shop operator and
2 two members of the general public who are licensed drivers.
3 (b) Duties.--The board shall advise the department and
4 review regulations proposed by the department concerning
5 inspection requirements and operation of official inspection
6 stations.
7 CHAPTER 49
8 SIZE, WEIGHT AND LOAD
9 Subchapter
10 A. General Provisions
11 B. Width, Height and Length
12 C. Maximum Weights of Vehicles
13 D. Special Permits for Excessive Size and Weight
14 E. Measuring and Adjusting Vehicle Size and Weight
15 SUBCHAPTER A
16 GENERAL PROVISIONS
17 Sec.
18 4901. Scope and application of chapter.
19 4902. Restrictions on use of highways and bridges.
20 4903. Securing loads in vehicles.
21 4904. Limits on number of towed vehicles.
22 4905. Safety requirements for towed vehicles.
23 4906. Fire apparatus.
24 4907. Penalty for violation of chapter.
25 § 4901. Scope and application of chapter.
26 (a) General rule.--It is unlawful for any person to drive or
27 move, or for the owner to cause or permit to be driven or moved,
28 on any highway any vehicle or vehicles of a size or weight
29 exceeding the limitations provided in this chapter or any
30 vehicle or vehicles which are not so constructed or equipped as
19750H1817B3266 - 291 -
1 required in this title or the regulations of the department.
2 (b) Limitations on local regulation.--The maximum size and
3 weight of vehicles specified in this chapter shall govern
4 throughout this Commonwealth and local authorities shall have no
5 power or authority to alter these limitations except as express
6 authority may be granted in this title.
7 (c) Permit authorizing prohibited movement.--If an
8 overweight or oversize movement cannot be made in any other
9 feasible manner, the permit may authorize the movement to be
10 made in contravention to any provision of this title provided
11 that:
12 (1) the department or local authority determines that
13 the movement is in the public interest; and
14 (2) the movement is escorted by the Pennsylvania State
15 Police or department personnel while any provision of this
16 title is being contravened.
17 § 4902. Restrictions on use of highways and bridges.
18 (a) General rule.--The department and local authorities with
19 respect to highways and bridges under their jurisdictions may
20 prohibit the operation of vehicles and may impose restrictions
21 as to the weight or size of vehicles operated upon a highway or
22 bridge whenever the highway or bridge, by reason of
23 deterioration or rain, snow or other climatic conditions, may be
24 damaged or destroyed unless the use of vehicles is prohibited or
25 the permissible weights reduced.
26 (b) Permit with bond.--The department and local authorities
27 may issue permits for movement of vehicles of size and weight in
28 excess of the restrictions promulgated under subsection (a) with
29 respect to highways and bridges under their jurisdiction,
30 conditioned upon the execution of a surety bond by the user in
19750H1817B3266 - 292 -
1 favor of the department or local authorities to cover the cost
2 of repairs necessitated by the movement.
3 (c) Restrictions from traffic conditions.--The department
4 and local authorities with respect to highways and bridges under
5 their jurisdictions may prohibit the operation of vehicles and
6 may impose restrictions as to the weight or size of vehicles
7 operated upon a highway or bridge by reason of hazardous traffic
8 conditions or other safety factors.
9 (d) Erection of signs.--The department and the local
10 authorities shall erect or cause to be erected and maintained
11 signs designating the restrictions at each end of that portion
12 of any highway or bridge restricted as provided in subsections
13 (a) and (c). The restrictions shall not be effective unless
14 signs are erected and maintained in accordance with this
15 subsection.
16 (E) PENALTY.--ANY PERSON OPERATING A VEHICLE OR COMBINATION <--
17 UPON A HIGHWAY OR BRIDGE IN VIOLATION OF A PROHIBITION OR
18 RESTRICTION IMPOSED UNDER SUBSECTION (A) IS GUILTY OF A SUMMARY
19 OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE
20 OF $75 FOR EACH 500 POUNDS, OR PART THEREOF, IN EXCESS OF 3,000
21 POUNDS OVER THE MAXIMUM ALLOWABLE WEIGHT.
22 § 4903. Securing loads in vehicles.
23 (a) General rule.--No vehicle shall be driven or moved on
24 any highway unless the vehicle is so constructed or loaded as to
25 prevent any of its load from dropping, sifting, leaking or
26 otherwise escaping.
27 (b) Fastening load.--Every load on a vehicle shall be
28 fastened so as to prevent the load or covering from becoming
29 loose, detached or in any manner a hazard to other users of the
30 highway.
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1 (c) Load of logs.--Every load of logs on a vehicle shall be
2 securely fastened with at least three binders, chains or straps
3 and, in the case of an open-body or stake-body vehicle, trailer
4 or semi-trailer there shall be a sufficient number of vertical
5 metal stakes or posts securely attached on each side of the
6 vehicle, trailer or semi-trailer at least as high as the top of
7 the load to secure such load in the event of a failure of the
8 binders, chains or straps.
9 (d) Establishment of standards for fastening devices.--The
10 department may promulgate regulations establishing minimum
11 standards governing types and numbers of devices to be used in
12 securing loads to prevent spillage and leakage of a load while
13 in transit.
14 (e) Exceptions.--This section does not prohibit:
15 (1) the necessary spreading of any substance in highway
16 maintenance or construction operations; or
17 (2) the shedding or dropping of feathers or other matter
18 from vehicles hauling live birds or animals.
19 § 4904. Limits on number of towed vehicles.
20 (a) General rule.--No motor vehicle shall be operated upon a
21 highway towing more than one other vehicle except as otherwise
22 provided in this section.
23 (b) Farm tractors.--Farm tractors may tow no more than two
24 other vehicles when engaged in agricultural operations.
25 (c) Towing vehicles requiring service.--A dolly not
26 exceeding ten feet in length may be towed by a motor vehicle for
27 the purpose of towing another vehicle requiring service.
28 (d) Driveaway-towaway operations.--Not more than three
29 truck-tractors, empty trucks or chassis therefor, may be towed
30 by a truck-tractor, truck or the chassis thereof, provided that
19750H1817B3266 - 294 -
1 only the rear wheels of the drawn vehicles shall touch the road
2 surface.
3 § 4905. Safety requirements for towed vehicles.
4 (a) Connecting devices and distances.--When one vehicle is
5 towing another, the connection shall be of sufficient strength
6 to pull all weight towed. The distance between the vehicles
7 shall not exceed 15 feet except between any two vehicles
8 transporting poles, pipes, machinery or other objects of a
9 structural nature such that they cannot readily be dismembered.
10 (b) Red flags and lights.--If the distance between the
11 vehicles exceeds five feet, a red flag or cloth not less than 12
12 inches square shall be displayed upon the connection centered
13 between the vehicles. During hours of darkness a red light shall
14 be displayed at the same position in lieu of the flag or cloth.
15 (c) Deflection of trailer wheels.--Every trailer shall be
16 attached to the vehicle drawing it so as to prevent the wheels
17 of the trailer from deflecting more than six inches from the
18 path of the drawing vehicle's wheels.
19 (d) Safety chains.--Whenever two vehicles are connected by a
20 ball-and-socket type hitch, or pintle hook without a locking
21 device, they shall also be connected by two safety chains of
22 equal length, each safety chain having an ultimate strength at
23 least equal to the gross weight of the towed vehicles. The
24 safety chains shall be crossed and connected to the towed and
25 towing vehicle and to the tow bar so as to prevent the tow bar
26 from dropping to the ground in the event the tow bar fails or
27 becomes disconnected. The safety chains shall have no more slack
28 than is necessary to permit proper turning.
29 (e) Obstructed lighting equipment.--Whenever the rear
30 running lights, stop lights, turn signals or hazard warning
19750H1817B3266 - 295 -
1 lights required by the provisions of Chapter 43 (relating to
2 lighting equipment) are obstructed by the load on a vehicle or
3 by a towed vehicle or its load, lighting equipment shall be
4 displayed on the rear of the towed vehicle or load equivalent to
5 the obstructed lights or signals.
6 § 4906. Fire apparatus.
7 This chapter does not apply to fire apparatus unless
8 specifically provided otherwise.
9 § 4907. Penalty for violation of chapter.
10 Any person violating any provision of this chapter for which
11 a penalty is not otherwise provided is guilty of a summary
12 offense and shall, upon conviction, be sentenced to pay a fine
13 of not less than $50 nor more than $100.
14 SUBCHAPTER B
15 WIDTH, HEIGHT AND LENGTH
16 Sec.
17 4921. Width of vehicles.
18 4922. Height of vehicles.
19 4923. Length of vehicles.
20 4924. Limitations on length of projecting loads.
21 4925. Width of projecting loads on passenger vehicles.
22 § 4921. Width of vehicles.
23 (a) General rule.--The total outside width of a vehicle,
24 including any load, shall not exceed eight feet, excluding tires <--
25 or any necessary mirrors or lights, except as otherwise provided
26 in this section.
27 (b) Farm vehicles.--
28 (1) Any implement of husbandry or vehicle loaded with
29 vegetable produce or forage crops and not exceeding ten feet
30 in width may operate between sunrise and sunset on highways
19750H1817B3266 - 296 -
1 other than freeways.
2 (2) Any implement of husbandry not exceeding 14 feet 6
3 inches in width may be operated, hauled or towed between
4 sunrise and sunset on highways other than freeways if the
5 movement is limited to a radius of five 50 miles from the <--
6 home or farm of the owner, or from the place of business of a
7 dealer in implements of husbandry. The driver shall drive as
8 close to the right side of the highway as possible.
9 (c) 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 have a total outside width not to exceed eight feet six
13 inches when operated upon a highway having traffic-lane widths
14 of not less than ten feet.
15 (d) Nondivisible loads.--Vehicles carrying nondivisible
16 loads not exceeding eight feet six inches in width may operate
17 on any highway having a roadway width of 20 feet or more. This
18 subsection does not apply on the National System of Interstate
19 and Defense Highways.
20 (E) MIRRORS AND SUNSHADES.--MIRRORS AND SUNSHADES MAY EXTEND <--
21 BEYOND THE MAXIMUM WIDTH OF A VEHICLE AS FOLLOWS:
22 (1) MIRRORS MAY EXTEND ON EACH SIDE A MAXIMUM OF SIX
23 INCHES BEYOND THE WIDTH OF THE VEHICLE, TRAILER OR LOAD,
24 WHICHEVER IS GREATER.
25 (2) SUNSHADES MAY EXTEND A MAXIMUM OF SIX INCHES ON EACH
26 SIDE OF THE VEHICLE.
27 (e) (F) Exceptions.--The provisions of this subchapter <--
28 governing the width of vehicles do not apply to street sweepers
29 and snow removal equipment.
30 § 4922. Height of vehicles.
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1 (a) General rule.--No vehicle, including any load, shall
2 exceed a height of 13 feet 6 inches. This provision shall not be
3 construed to require public authorities to provide sufficient
4 vertical clearance to permit the operation of such vehicles.
5 (b) Buses.--Any bus operated wholly within a municipality,
6 where permitted by the municipality, or in more than one
7 municipality, where approved by the Public Utility Commission,
8 may be of a total height, including load, not to exceed 14 feet
9 6 inches.
10 (c) Exceptions.--The provisions of this subchapter governing
11 the height of vehicles do not apply to fire apparatus or to
12 vehicles used exclusively to repair overhead lights and wires.
13 § 4923. Length of vehicles.
14 (a) General rule.--No motor vehicle, including any load and
15 bumpers, shall exceed an overall length of 40 feet, and no
16 combination, including any load and bumpers, shall exceed an
17 over-all length of 55 feet.
18 (b) Exceptions.--The limitations of (a) do not apply to the
19 following:
20 (1) Any motor vehicle equipped with a boom or boom-like
21 device if the vehicle does not exceed 55 feet.
22 (2) The load on a combination designed exclusively for
23 carrying motor vehicles if the overall length of the
24 combination and load does not exceed 60 feet.
25 (3) Any combination transporting articles which do not
26 exceed 70 feet in length and are nondivisible as to length.
27 § 4924. Limitations on length of projecting loads.
28 (a) General rule.--Subject to the provisions of this
29 subchapter limiting the length of vehicles and loads, the load
30 upon any vehicle or the load upon the front vehicle of a
19750H1817B3266 - 298 -
1 combination of vehicles shall not extend more than three feet
2 beyond the foremost part of the vehicle, and the load upon any
3 vehicle operated alone or the load, other than a non-divisible
4 load, upon the rear vehicle of a combination shall not extend
5 more than six feet beyond the rear of the bed or body of such
6 vehicle.
7 (b) Red flags and lights.--If the load on any vehicle
8 extends more than four feet beyond the rear of the vehicle, a
9 red flag or cloth not less than 12 inches square shall be
10 displayed at the end of the load. During hours of darkness, a
11 red light shall be displayed in the same position in lieu of the
12 flag or cloth.
13 (c) Compliance with maximum length limitations.--Subsection
14 (a) does not permit loads to exceed the maximum limits set forth
15 in section 4923 (relating to length of vehicles).
16 § 4925. Width of projecting loads on passenger vehicles.
17 (a) General rule.--No passenger-type vehicle shall be
18 operated on any highway with a load extending beyond the left
19 side of the vehicle nor extending more than 12 inches beyond the
20 right side of the vehicle.
21 (b) Exception.--This section does not apply to emergency
22 vehicles.
23 SUBCHAPTER C
24 MAXIMUM WEIGHTS OF VEHICLES
25 Sec.
26 4941. Maximum gross weight of vehicles.
27 4942. Registered gross weight.
28 4943. Maximum axle weight of vehicles.
29 4944. Maximum wheel load.
30 4945. Penalties for exceeding maximum weights.
19750H1817B3266 - 299 -
1 4946. Impoundment of vehicles for nonpayment of overweight
2 fines.
3 4947. Disposition of impounded vehicles and loads.
4 4948. Maximum weight and seating capacity of buses.
5 § 4941. Maximum gross weight of vehicles.
6 (a) General rule.--No vehicle or combination shall, when
7 operated upon a highway, have a gross weight exceeding 73,280
8 pounds.
9 (b) Combination of vehicles.--No combination shall, when
10 operated upon a highway, have a gross weight exceeding the
11 following:
12 Maximum
13 Combination of vehicles Gross Weight
14 In Pounds
15 Two-axle truck-tractor & single-axle semitrailer 50,000
16 Two-axle truck-tractor & two-axle semitrailer 60,000
17 Three-axle truck-tractor & single-axle semitrailer 60,000
18 Two-axle truck & two-axle trailer 62,000
19 § 4942. Registered gross weight.
20 (a) Single vehicle limits.--No vehicle registered as a
21 truck, a combination or a trailer shall be operated with a gross
22 weight in excess of its registered gross weight.
23 (b) Truck towing trailer.--No vehicle registered as a truck
24 shall be operated with a gross weight, exclusive of any trailer
25 being towed, in excess of its registered gross weight as a
26 truck.
27 (c) Combination.--No combination containing a trailer having
28 a registered gross weight in excess of 10,000 pounds shall be
29 operated with a gross weight in excess of the registered gross
30 weight of the truck or truck-tractor for a combination.
19750H1817B3266 - 300 -
1 § 4943. Maximum axle weight of vehicles.
2 (a) General rule.--No motor vehicle or combination shall,
3 when operated upon a highway, have a weight upon each of two
4 adjacent axles in excess of the following:
5 If the Center-to-Center Maximum Axle Weight in Pounds Upon:
6 Distance Between Two
7 Adjacent Axles is: One of Two Other of Two
8 Adjacent Axles Adjacent Axles
9 Under 6 feet 18,000 18,000
10 6 to 8 feet 18,000 22,400
11 Over 8 feet 22,400 22,400
12 (b) Location of front axle of semitrailer.--No semitrailer,
13 originally in this Commonwealth on or after September 1, 1973,
14 and having two or more axles, shall be operated upon a highway
15 unless the foremost axle of the semitrailer is at least 12 feet
16 from the rearmost axle of the towing vehicle.
17 § 4944. Maximum wheel load.
18 No motor vehicle or combination shall, when operated upon a
19 highway, have a weight upon any one wheel in excess of 800
20 pounds for each nominal inch of width on the wheel.
21 § 4945. Penalties for exceeding maximum weights.
22 (a) Gross weight violations.--Any person operating a vehicle
23 or combination upon a highway exceeding the maximum gross weight
24 allowed by section 4941 (relating to maximum gross weight of
25 vehicles) or the registered gross weight allowed by section 4942
26 (relating to registered gross weight), whichever is less, is
27 guilty of a summary offense and shall, upon conviction, be
28 sentenced to pay a fine of $75 plus $75 for each 500 pounds, or
29 part thereof, in excess of 3,000 pounds over the maximum or
30 registered gross weight allowed. If the gross weight of any
19750H1817B3266 - 301 -
1 vehicle or combination exceeds 73,280 pounds, the fine shall be
2 double the amount for other weight violations.
3 (b) Axle weight violation.--Subject to the provisions of
4 section 4982(c) (relating to reducing or readjusting loads of
5 vehicles), any person operating a vehicle or combination with a
6 weight on an axle or pair of axles exceeding the maximum axle
7 weights allowed by section 4943 (relating to maximum axle weight
8 of vehicles) is guilty of a summary offense and shall, upon
9 conviction, be sentenced to pay a fine of $100 plus $100 for
10 each 500 pounds, or part thereof, in excess of 2,000 pounds over
11 the maximum axle weight allowed.
12 (c) Wheel weight violation.--Any person operating a vehicle
13 or combination upon a highway exceeding the maximum wheel weight
14 allowed by section 4944 (relating to maximum wheel load) is
15 guilty of a summary offense and shall, upon conviction, be
16 sentenced to pay a fine of $100 plus $100 for each 200 pounds,
17 or part thereof, in excess of 200 pounds over the maximum wheel
18 weight allowed.
19 (d) Concurrent violations.--In any case in which there are
20 concurrent violations of more than one of the sections or
21 subsections of this subchapter prescribing maximum weights, the
22 only penalty imposed shall be for violation of that section or
23 subsection which produces the greatest fine.
24 § 4946. Impoundment of vehicles for nonpayment of overweight
25 fines.
26 (a) General rule.--On default of payment UPON IMPOSITION of <--
27 any fine and costs of prosecution imposed pursuant to section
28 4945 (relating to penalties for exceeding maximum weights), THE <--
29 DRIVER SHALL BE ALLOWED 24 HOURS TO OBTAIN THE FUNDS AND PAY THE
30 FINE AND COSTS OF PROSECUTION, DURING WHICH TIME THE VEHICLE OR
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1 COMBINATION SHALL BE RENDERED TEMPORARILY INOPERATIVE BY SUCH
2 POLICE OFFICER AS THE ISSUING AUTHORITY SHALL DESIGNATE. ON
3 DEFAULT OF PAYMENT WITHIN THE 24-HOUR PERIOD, the issuing
4 authority shall impound the vehicle or combination and order a
5 police officer to seize them.
6 (b) Storage and costs.--The .--UPON IMPOUNDMENT, THE issuing <--
7 authority shall forthwith notify the sheriff of the county in
8 which the violation occurred, who shall store the impounded
9 vehicle or combination. The sheriff's costs, reasonable storage <--
10 costs and all other reasonable costs incident to impounding
11 shall be recoverable in addition to costs of prosecution.
12 (c) Notice of impoundment.--The sheriff shall give immediate
13 notice by the most expeditious means and by certified mail,
14 return receipt requested, of the impoundment and location of the
15 vehicle or combination to the owner of the vehicle or
16 combination and to the owner of the load if the names and
17 addresses of the owner are known or can be ascertained by the
18 sheriff.
19 (D) COSTS.--THE POLICE OFFICER'S AND SHERIFF'S COSTS, <--
20 REASONABLE STORAGE COSTS AND ALL OTHER REASONABLE COSTS INCIDENT
21 TO SEIZURE AND IMPOUNDING UNDER SUBSECTIONS (A) AND (B) SHALL BE
22 RECOVERABLE IN ADDITION TO COSTS OF PROSECUTION.
23 § 4947. Disposition of impounded vehicles and loads.
24 (a) Rights of owner of load.--The title to the load on an
25 impounded vehicle or combination remains in the owner who may
26 repossess the load at any time upon presentation of proof of
27 ownership to the sheriff. If the load spoils during impoundment
28 the loss shall be on the owner subject to any right of recovery
29 of damages that the owner may have against the owner of the
30 vehicle or combination or against any other party, and the costs
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1 of disposition of the load shall be recoverable in addition to
2 the costs of prosecution.
3 (b) Sale of unclaimed vehicle or load.--In case any
4 impounded vehicle or combination is unredeemed, or the load is
5 unclaimed, for a period of 60 days after notice of impoundment
6 is given, it shall be sold at a public sale by the sheriff upon
7 order of the issuing authority and after ten days notice of sale
8 to the owners, lienholders or secured parties of the vehicle or
9 load except that if the sheriff determines it to be necessary to
10 preserve their value, goods which may spoil may be sold in any
11 commercially reasonable manner prior to expiration of the 60 day
12 period and, if impractical to do so, without giving notice to
13 the owners, lienholders or secured parties.
14 (c) Disposition of proceeds of sale.--The proceeds of sale
15 shall first be applied to the payment of the fine and costs, and
16 secondly, to the payment of the encumbrances. The balance shall
17 be remitted to the owner.
18 § 4948. Maximum weight and seating capacity of buses.
19 (a) Gross, axle and wheel weights.--No bus shall be operated
20 upon any highway with a gross weight in excess of 40,000 pounds,
21 or in excess of 20,000 pounds on any axle, or in excess of 800
22 pounds on any one wheel for each nominal inch of width of tire
23 on the wheel.
24 (b) Seating capacity load.--A bus shall not be operated on a
25 highway with a load exceeding by more than 25% its registered
26 seating capacity except when operated within a business or
27 residence district. A child under the age of six years shall not
28 be counted when computing the load on the bus.
29 (c) Penalties.--Any person owning or operating a bus with a
30 gross weight or with weight on any axle or wheel exceeding by
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1 more than 5% the maximum allowed in subsection (a) is guilty of
2 a summary offense and shall, upon conviction, be sentenced to
3 pay a fine of $100. If the excess weight is more than 10% above
4 the maximum weight allowed, the fine shall be $300. Any person
5 in violation of subsection (b) is guilty of a summary offense
6 and shall, upon conviction, be sentenced to pay a fine of not
7 less than $50 nor more than $100.
8 SUBCHAPTER D
9 SPECIAL PERMITS FOR EXCESSIVE SIZE AND WEIGHT
10 Sec.
11 4961. Authority to issue permits.
12 4962. Conditions of permits and security for damages.
13 4963. Exemptions for vehicles used in State highway
14 construction.
15 4964. Oral authorization following emergency or accident.
16 4965. Single permits for multiple highway crossings.
17 4966. Permit for movement of quarry equipment.
18 4967. Permit for movement of implements of husbandry.
19 4968. Permit for movement of equipment being manufactured.
20 4969. PERMIT FOR MOVEMENT OF VEHICLES WITH OVERSIZE WHEELS AND <--
21 TIRES.
22 4970. PERMIT FOR MOVEMENT OF UTILITY CONSTRUCTION EQUIPMENT.
23 § 4961. Authority to issue permits.
24 (a) General rule.--The department and local authorities with
25 respect to highways under their respective jurisdictions may,
26 upon application in writing showing good cause, issue special
27 permits in writing authorizing the applicant to operate or move
28 on specified highways any of the following:
29 (1) A vehicle which when unloaded exceeds the maximum
30 size specified in Subchapter B (relating to width, height and
19750H1817B3266 - 305 -
1 length) or the maximum weights specified in Subchapter C
2 (relating to maximum weights of vehicles).
3 (2) A combination carrying a nondivisible load and
4 exceeding the maximum size specified in Subchapter B or the
5 maximum weights specified in Subchapter C.
6 (3) A vehicle containing a nondivisible load which
7 exceeds the maximum width specified in section 4921(a)
8 (relating to width of vehicles).
9 (4) A mobile home.
10 (b) Limitation for truck-tractors.--Permits to exceed the
11 maximum weight limit shall be issued only for truck-tractors
12 registered at the maximum weight permitted under section 4941
13 (relating to maximum gross weight of vehicles).
14 (c) County offices for issuing permits.--The department
15 shall empower an authorized representative or employee in each
16 county to issue permits as provided in subsection (a) and shall
17 provide a place within each county where the permits may be
18 issued.
19 § 4962. Conditions of permits and security for damages.
20 (a) General rule.--Permits may be conditioned by limiting
21 the number of trips or by establishing seasonal or other time
22 limitations or geographic limitations including limitations as
23 to prescribed highways or by otherwise limiting or prescribing
24 conditions of operation under the permit as the department or
25 local authorities shall deem necessary to protect the safety of
26 highway users, to promote the efficient movement of traffic or
27 to protect the highways. The department or local authorities may
28 require such undertaking or security as they deem necessary to
29 compensate for any damage to any highway or structure or
30 appurtenance.
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1 (b) Display of permit.--Every permit shall be carried in the
2 towing vehicle and shall be open to inspection by any police
3 officer or authorized agent of the issuing agency or any person
4 having an accident involving a permitted vehicle or combination.
5 (c) Revocation of permit.--A permit shall be revocable for
6 cause.
7 (d) Special escort services.--The department or local
8 authorities shall specify what movements require special escort
9 services of the Pennsylvania State Police or department
10 personnel.
11 (e) Liability of permittee for damage.--The permittee shall
12 be liable for all damage to any highway structure or
13 appurtenance sustained as a result of operating or moving under
14 the permit.
15 § 4963. Exemptions for vehicles used in State highway
16 construction.
17 No special permit shall be required for movement across, upon
18 or along State or State-aid highways for oversize or overweight
19 vehicles of a contractor used for the construction or
20 improvement of such highways.
21 § 4964. Oral authorization following emergency or accident.
22 In the event of an emergency or accident affecting the public
23 safety or convenience, the department and local authorities may
24 orally authorize the operation or movement of a VEHICLE OR <--
25 combination which exceeds the maximum size or weight specified
26 in this chapter provided a permit is applied for within 72 hours
27 of the operation or movement.
28 § 4965. Single permits for multiple highway crossings.
29 A single permit may be issued for a number of movements
30 across the highway at specified locations within a fixed period
19750H1817B3266 - 307 -
1 of time of vehicles or combinations exceeding the maximum size
2 or weight specified in this chapter. Whenever a permit is issued
3 for crossing the highway, it is unlawful to move the vehicles
4 along the highway.
5 § 4966. Permit for movement of quarry equipment.
6 A AN ANNUAL permit may be issued for a period of one year for <--
7 the movement of a piece of quarry equipment or machinery
8 exceeding the maximum size or weight specified in this chapter
9 across any highway from one part of a quarry to another, or upon
10 the highways connecting by the most direct route any quarries or
11 portions of quarries under single ownership or operation, but no
12 permit shall be issued for the movement of equipment or
13 machinery for a distance greater than one-half mile.
14 § 4967. Permit for movement of implements of husbandry.
15 A AN ANNUAL permit may be issued for a period of not more <--
16 than one year for the operation or movement between sunrise and
17 sunset of one or more oversized implements of husbandry which do
18 not exceed 14 feet 6 inches in width if the movement is limited
19 to a radius of 25 miles from the dealer's place of business or
20 owner's home or farm. No permit shall be issued for the movement
21 of any implement of husbandry with a width in excess of eight
22 feet upon a freeway.
23 § 4968. Permit for movement of equipment being manufactured.
24 A AN ANNUAL permit may be issued for a period of not more <--
25 than one year authorizing the manufacturer of boats, mobile
26 homes, helicopters or other articles or combinations not
27 normally used on highways to move articles which exceed the
28 maximum height, width or length specified in Subchapter B
29 (relating to width, height and length) while they are in the
30 course of manufacture and while they are entirely within the
19750H1817B3266 - 308 -
1 control of the manufacturer and not in transit from the
2 manufacturer to a purchaser or dealer. A permit shall not be
3 issued for the movement of articles upon a freeway nor in excess
4 of ten miles.
5 § 4969. PERMIT FOR MOVEMENT OF VEHICLES WITH OVERSIZE WHEELS <--
6 AND TIRES.
7 AN ANNUAL PERMIT MAY BE ISSUED FOR THE OPERATION OR MOVEMENT
8 BETWEEN SUNRISE AND SUNSET OF A VEHICLE CONTAINING WHEELS AND
9 TIRES EXTENDING BEYOND THE MAXIMUM WIDTH ALLOWED IN SECTION
10 4921(A) (RELATING TO WIDTH OF VEHICLES) IF THE DEPARTMENT
11 DETERMINES THAT SUCH WHEELS AND TIRES ARE ESSENTIAL TO THE
12 FUNCTION FOR WHICH THE VEHICLE IS DESIGNED OR ADAPTED AND USED.
13 THE OVERALL WIDTH OF ANY VEHICLE PERMITTED UNDER THIS SECTION,
14 INCLUDING WHEELS AND TIRES, SHALL NOT EXCEED TEN FEET.
15 § 4970. PERMIT FOR MOVEMENT OF UTILITY CONSTRUCTION EQUIPMENT.
16 A PERMIT MAY BE ISSUED FOR A PERIOD NOT EXCEEDING THE
17 DURATION OF ANY SINGLE CONSTRUCTION CONTRACT AUTHORIZING ANY
18 PUBLIC UTILITY OR ITS CONTRACTORS OR SUBCONTRACTORS TO MOVE
19 OVERSIZED OR OVERWEIGHT CONSTRUCTION EQUIPMENT ACROSS OR UPON
20 HIGHWAYS IMMEDIATELY ADJACENT TO THE CONSTRUCTION SITE AND TO
21 AND FROM THE CONSTRUCTION SITE.
22 SUBCHAPTER E
23 MEASURING AND ADJUSTING VEHICLE SIZE AND WEIGHT
24 Sec.
25 4981. Weighing and measurement of vehicles.
26 4982. Reducing or readjusting loads of vehicles.
27 4983. Penalty for violation of subchapter.
28 § 4981. Weighing and measurement of vehicles.
29 (a) Authority of police officer.--Any police officer is
30 authorized to require the driver of any vehicle or combination
19750H1817B3266 - 309 -
1 to stop and submit the vehicle or combination to be measured and
2 weighed. Weighing may be done by using either portable or
3 stationary scales. The measurement and weighing shall be
4 conducted by qualified personnel who have been trained in the
5 use of weighing and measuring equipment in a training program
6 approved by the department. A police officer may require that a
7 vehicle or combination be driven to the nearest stationary
8 scales if the scales are within two miles.
9 (b) Stationary scales on freeways.--The department, in
10 cooperation with the Pennsylvania State Police, shall maintain
11 on freeways at points which it deems necessary stationary scales
12 and other equipment for detecting violations of the size and
13 weight limitations prescribed by this chapter.
14 (c) Weighing of wheels or axles.--If a vehicle is weighed in
15 multiple drafts, or if only a single wheel or axle or pair of
16 axles is weighed, a tolerance of 1% shall be allowed.
17 (d) Re-weighing at request of driver or owner.--Whenever
18 scales operated by other than the department indicate that a
19 vehicle, wheel, axle or pair of axles is overweight, the driver
20 or owner may elect to have the vehicle re-weighed on the nearest
21 available official scales which have been sealed by the State
22 Bureau of Standard Weights and Measures. The lower reading of
23 the two scales shall determine whether charges shall be filed
24 under this section.
25 § 4982. Reducing or readjusting loads of vehicles.
26 (a) Violation of weight limitations.--If the gross weight or
27 the weight upon any wheel, tire, axle or group of axles of a
28 vehicle or combination exceeds the maximum allowed, the driver
29 shall reduce or readjust the load so that the gross weight and
30 the weight upon each wheel, tire, axle or group of axles will
19750H1817B3266 - 310 -
1 not exceed the maximum weights permitted under this chapter.
2 (b) Violation of size limitations.--If the load upon any
3 vehicle or combination is such that the size limitations of this
4 chapter are exceeded, the driver shall reduce or reposition the
5 load so that it does not exceed the size limitations.
6 (c) Load adjustment to avoid prosecution.--If the gross
7 weight of the vehicle or combination does not exceed the maximum
8 allowable gross weight and the weight upon any axle or group of
9 axles is not more than 3% in excess of the maximum allowable
10 axle weight, the operator shall be allowed four hours to adjust
11 the position of the load so that the weight upon all wheels,
12 tires, axles and groups of axles does not exceed the maximum
13 allowable weights. If the load is so rearranged no arrest shall
14 be made or prosecution brought for violation of Subchapter C
15 (relating to maximum weights of vehicles).
16 (d) Load incapable of reduction.--If the load on any vehicle
17 or combination is such that it is incapable of reduction or
18 dismemberment and is otherwise eligible to move under permit as
19 provided in Subchapter D (relating to special permits for
20 excessive size and weight), a valid permit shall be obtained
21 before any further movement of a vehicle or combination in
22 violation of the limitations of this chapter.
23 (e) Responsibility of owner or driver.--All material
24 unloaded and any vehicle or combination parked awaiting a permit
25 shall be cared for by the owner or driver at the risk of the
26 owner or driver.
27 § 4983. Penalty for violation of subchapter.
28 Any driver who fails or refuses to comply with the
29 requirements of a police officer given pursuant to this
30 subchapter is guilty of a summary offense and shall, upon
19750H1817B3266 - 311 -
1 conviction, be sentenced to pay a fine of $100.
2 PART V
3 ADMINISTRATION AND ENFORCEMENT
4 Chapter
5 61. Powers of Department and Local Authorities
6 63. Enforcement.
7 65. Penalties and Disposition of Fines
8 67. Service of Process on Nonresidents
9 CHAPTER 61
10 POWERS OF DEPARTMENT AND LOCAL AUTHORITIES
11 Subchapter
12 A. General Provisions
13 B. Traffic-control Devices
14 C. Reciprocity
15 SUBCHAPTER A
16 GENERAL PROVISIONS
17 Sec.
18 6101. Applicability and uniformity of title.
19 6102. Powers and duties of department and local authorities.
20 6103. Promulgation of rules and regulations by department.
21 6104. Administrative duties of department.
22 6105. Department to prescribe traffic and engineering
23 investigations.
24 6106. Designation of emergency vehicles by department.
25 6107. Designation of authorized vehicles by department.
26 6108. Power of Governor during emergency. <--
27 6109. 6108. Specific powers of department and local
28 authorities.
29 6110. 6109. Regulation of traffic on Pennsylvania Turnpike. <--
30 6111. 6110. Regulation of traffic on bridges under authority of <--
19750H1817B3266 - 312 -
1 interstate commissions.
2 6112. 6111. Removal of traffic hazards by property owner. <--
3 6113. 6112. Control of public travel on private property <--
4 by owner.
5 6114. 6113. Limitation on sale, publication and disclosure of <--
6 records.
7 § 6101. Applicability and uniformity of title.
8 The provisions of this title shall be applicable and uniform
9 throughout this Commonwealth and in all political subdivisions
10 in this Commonwealth, and no local authority shall enact or
11 enforce any ordinance on a matter covered by the provisions of
12 this title unless expressly authorized.
13 § 6102. Powers and duties of department and local authorities.
14 (a) Department.--The department is charged with the duty of
15 administering the provisions of this title and of all laws the
16 administration of which is now or hereafter vested in the
17 department.
18 (b) Local authorities.--Local authorities may exercise the
19 powers granted in this chapter only by duly enacted ordinances
20 of their governing bodies.
21 § 6103. Promulgation of rules and regulations by department.
22 In addition to the specific powers granted to the department
23 by this title to promulgate rules and regulations, the
24 department shall have the power in accordance with the
25 provisions of the act of July 31, 1968 (P.L.769, No.240), known
26 as the "Commonwealth Documents Law," to promulgate, consistent
27 with and in furtherance of this title, rules and regulations in
28 accordance with which the department shall carry out its
29 responsibilities and duties under this title.
30 § 6104. Administrative duties of department.
19750H1817B3266 - 313 -
1 (a) Forms.--The department shall prescribe and provide
2 suitable forms of applications, certificates of title,
3 registration cards, drivers' licenses and all other forms
4 requisite or deemed necessary to carry out the provisions of
5 this title and any other laws the administration of which is
6 vested in the department.
7 (b) Review of applications.--The department shall examine
8 and determine the genuineness, regularity and legality of every
9 application for registration of a vehicle, for a certificate of
10 title, and for a driver's license and of any other application
11 lawfully made to the department, and may in all cases make
12 investigation as may be deemed necessary or require additional
13 information, and shall reject any application if not satisfied
14 of the genuineness, regularity or legality of the application or
15 the truth of any statement contained in the application, or for
16 any other reason when authorized by law.
17 (c) Investigations.--The department may make necessary and
18 reasonable investigations to procure information required to
19 enforce the provisions of this title and department regulations.
20 (d) Retention of records.--The department shall promulgate
21 rules setting forth the minimum amount of time that must elapse
22 before the department may destroy records acquired, established
23 or maintained under this title.
24 (e) Furnishing documents and information.--The department
25 may supply copies of and information concerning registrations,
26 titles and security interests of vehicles and such statistical
27 data as it may deem to be in the public interest.
28 § 6105. Department to prescribe traffic and engineering
29 investigations.
30 The department may establish by regulation the manner in
19750H1817B3266 - 314 -
1 which traffic and engineering investigations shall be carried
2 out. The department may specify particular actions which require
3 traffic and engineering investigations. No action shall become
4 effective until the investigation has been properly completed.
5 § 6106. Designation of emergency vehicles by department.
6 (a) General rule.--The department may designate any vehicle
7 or group of vehicles as emergency vehicles upon a finding that
8 the designation is necessary to the preservation of life or
9 property or to the execution of emergency governmental
10 functions.
11 (b) Manner and carrying of designation.--The designation
12 shall be in writing and the written designation shall be carried
13 in the vehicle at all times, but failure to carry the written
14 designation shall not affect the status of the vehicle as an
15 emergency vehicle.
16 § 6107. Designation of authorized vehicles by department.
17 The department may designate any vehicle or group of vehicles
18 as authorized vehicles upon a finding that the vehicle is used
19 in the performance of public service or governmental functions.
20 Duly authorized vehicles shall be exempted from certain
21 provisions of this title as specified in regulations promulgated
22 by the department.
23 § 6108. Power of Governor during emergency. <--
24 In the event of a declared National, State or local emergency
25 when the Governor of this Commonwealth has made a specific
26 determination that modification of any of the provisions of this
27 title will aid in the alleviation of the stated emergency
28 conditions, the Governor shall have the power to so modify the
29 provisions on any or all highways in this Commonwealth to be
30 effective at any or all hours of the day or night with respect
19750H1817B3266 - 315 -
1 to any or all types or classes of vehicles. Such modifications
2 shall expire at the end of the emergency period.
3 § 6109. 6108. Specific powers of department and local <--
4 authorities.
5 (a) Enumeration of police powers.--The provisions of this
6 title shall not be deemed to prevent the department on State-
7 designated highways and local authorities on streets or highways
8 within their physical boundaries from the reasonable exercise of
9 their police powers. The following are presumed to be reasonable
10 exercises of police power:
11 (1) Regulating or prohibiting stopping, standing or
12 parking.
13 (2) Regulating traffic by means of police officers or
14 official traffic-control devices.
15 (3) Regulating or prohibiting processions or assemblages
16 on highways.
17 (4) Designating particular highways or roadways for use
18 by traffic moving in one direction as authorized in section
19 3308 (relating to one-way roadways and rotary traffic
20 islands).
21 (5) Establishing speed limits for vehicles in public
22 parks.
23 (6) Designating any highway as a through highway or
24 designating any intersection or junction of roadways as a
25 stop or yield intersection or junction.
26 (7) Prohibiting or restricting the use of highways at
27 particular places or by particular classes of vehicles
28 whenever the highway or portion of the highway may be
29 seriously damaged by the use or the movement of the vehicles
30 would constitute a safety hazard.
19750H1817B3266 - 316 -
1 (8) Regulating the operation of bicycles and requiring
2 their registration and inspection, and the payment of a
3 reasonable registration fee.
4 (9) Regulating or prohibiting the turning of vehicles or
5 specified types of vehicles as authorized in section 3331
6 (relating to required position and method of turning).
7 (10) Altering or establishing speed limits as authorized
8 in Subchapter F of Chapter 33 (relating to speed
9 restrictions).
10 (11) ENFORCEMENT OF SPEED RESTRICTIONS AUTHORIZED UNDER <--
11 SUBCHAPTER F OF CHAPTER 33, EXCEPT THAT SPEED RESTRICTIONS
12 MAY BE ENFORCED BY LOCAL POLICE ON A LIMITED ACCESS OR
13 DIVIDED HIGHWAY ONLY IF IT IS PATROLLED BY THE LOCAL POLICE
14 FORCE UNDER THE TERMS OF AN AGREEMENT WITH THE PENNSYLVANIA
15 STATE POLICE.
16 (11) (12) Designating no-passing zones as authorized in <--
17 section 3307 (relating to no-passing zones).
18 (12) (13) Prohibiting or regulating the use of <--
19 designated streets by any class or kind of traffic.
20 (13) (14) Establishing minimum speed limits as <--
21 authorized in section 3364 (relating to minimum speed
22 regulation).
23 (14) (15) Regulating and temporarily prohibiting traffic <--
24 on streets closed or restricted for construction, maintenance
25 or special events.
26 (15) (16) Prohibiting pedestrians from crossing a <--
27 roadway in a business district or any designated highway
28 except in a crosswalk.
29 (16) (17) Restricting pedestrian crossings at unmarked <--
30 crosswalks.
19750H1817B3266 - 317 -
1 (17) (18) Regulating persons propelling push carts. <--
2 (18) (19) Regulating persons upon skates, coasters, <--
3 sleds and other toy vehicles.
4 (19) (20) Adopting and enforcing such temporary or <--
5 experimental regulations as may be necessary to cover
6 emergencies or special conditions.
7 (20) (21) Regulating the operation of streetcars, the <--
8 passing of streetcars by other vehicles and the driving upon
9 streetcar tracks by other vehicles.
10 (21) (22) Providing for and establishing procedures <--
11 governing the removal and impounding of any vehicle parked on
12 the highways or public property of the local authority in
13 violation of any local ordinance adopted pursuant to the
14 authority of this title or of any of the provisions of this
15 title.
16 (22) (23) Adopting such other traffic regulations as are <--
17 specifically authorized by this title.
18 (b) Action by local authorities.--Action taken by local
19 authorities under this section shall be:
20 (1) by ordinance of the local governing body; or
21 (2) by a commission or public official authorized to act
22 on specified matters.
23 (c) When traffic-control devices required.--No regulation or
24 ordinance enacted under subsection (a)(1), (4), (5), (6), (7),
25 (9), (10), (11), (12), (13), (14), (15), (16) or (21) shall be
26 effective until official traffic-control devices giving notice
27 of the traffic regulations or ordinances are erected upon or at
28 the entrances to the highway or part thereof affected as may be
29 most appropriate.
30 (d) Prior approval by department.--Notwithstanding the
19750H1817B3266 - 318 -
1 provisions of subsection (a), the department may require local
2 authorities to obtain department approval in advance of
3 regulating traffic on State-designated highways within their
4 physical boundaries.
5 (e) Engineering and traffic investigation required.--Action
6 by local authorities under this section shall be taken only
7 after completing an engineering and traffic investigation when
8 and in such manner as required by regulations promulgated by the
9 department.
10 § 6110. 6109. Regulation of traffic on Pennsylvania Turnpike. <--
11 (a) General rule.--The provisions of this title apply upon
12 any turnpike or highway under the supervision and control of the
13 Pennsylvania Turnpike Commission unless specifically modified by
14 rules and regulations promulgated by the commission which shall
15 become effective only upon publication in accordance with law. A
16 copy of the rules and regulations, so long as they are
17 effective, shall be posted at all entrances to the turnpike or
18 highway for the inspection of persons using the turnpike or
19 highway. This section does not authorize the establishment of a
20 maximum speed limit greater than 55 miles per hour.
21 (b) Penalty.--Any person violating any of the rules and
22 regulations of the Pennsylvania Turnpike Commission for which no
23 penalty has otherwise been provided by statute is guilty of a
24 summary offense and shall, upon conviction, be sentenced to pay
25 a fine of $25.
26 § 6111. 6110. Regulation of traffic on bridges under <--
27 authority of interstate commissions.
28 (a) General rule.--The provisions of this title apply to any
29 bridge under the supervision and control of the Delaware River
30 Joint Toll Bridge Commission, the Delaware River Port Authority
19750H1817B3266 - 319 -
1 and the New York-Pennsylvania Joint Commission on Bridges over
2 the Delaware River unless specifically modified by rules and
3 regulations which shall become effective only upon publication
4 in accordance with law. Rules and regulations, so long as they
5 are effective, shall be posted at all entrances to the bridges.
6 (b) Penalty.--Any person violating any of the rules and
7 regulations of the Delaware River Joint Toll Bridge Commission,
8 the Delaware River Port Authority or the New York-Pennsylvania
9 Joint Commission on Bridges over the Delaware River for which no
10 penalty has otherwise been provided by statute is guilty of a
11 summary offense and shall, upon conviction, be sentenced to pay
12 a fine of $25.
13 § 6112. 6111. Removal of traffic hazards by property owner. <--
14 (a) General rule.--It is the duty of the owner of real
15 property to remove from the property any tree, plant, shrub or
16 other similar obstruction, or part thereof, which by obstructing
17 the view of any driver constitutes a traffic hazard.
18 (b) Notice of hazard.--When the department or any local
19 authority determines on the basis of an engineering and traffic
20 investigation that a traffic hazard exists, it shall notify the
21 owner and order the hazard removed within ten days.
22 (c) Penalty.--The failure of the owner to remove the traffic
23 hazard within ten days after notice under subsection (b) is a
24 summary offense and every day the owner fails to remove it shall
25 be a separate and distinct offense. The offense is punishable by
26 a fine of $10.
27 § 6113. 6112. Control of public travel on private <--
28 property by owner.
29 Nothing in this title shall be construed to prevent the owner
30 of real property used by the public for purposes of vehicular
19750H1817B3266 - 320 -
1 travel by permission of the owner, and not as a matter of right,
2 from prohibiting such use, or from requiring other or different
3 or additional conditions than those specified in this title, or
4 otherwise regulating such use as may seem best to such owner.
5 § 6114. 6113. Limitation on sale, publication and disclosure of <--
6 records.
7 (a) Offenses defined.--It is unlawful for:
8 (1) Any police officer, or any officer, employee or
9 agent of any Commonwealth agency or local authority which
10 makes or receives records or reports required to be filed
11 under this title to sell, publish or disclose or offer to
12 sell, publish or disclose records or reports which relate to
13 the driving record of any person.
14 (2) Any person to purchase, secure or procure or offer
15 to purchase, secure or procure records or reports described
16 in paragraph (1).
17 (b) Exceptions.--This section does not apply to records or
18 reports:
19 (1) Required or authorized under this title to be sold,
20 published or disclosed.
21 (2) Authorized in writing by the person who is the
22 subject of the record or report to be sold, published or
23 disclosed. A police officer, or officer, employee or agent of
24 a Commonwealth agency or local authority may rely on a
25 certification from a person requesting a record or report
26 under this paragraph that its sale, publication or disclosure
27 has been authorized by the person who is the subject of the
28 record or report. In the event such sale, publication or
29 disclosure shall not have been authorized, the person who
30 made the false certification, rather than the police officer
19750H1817B3266 - 321 -
1 or officer, employee or agent of the Commonwealth agency or
2 local authority, shall be guilty of the offense defined by
3 this section.
4 (3) Required to be released by order of court.
5 (4) Authorized by departmental regulation to be sold,
6 published or disclosed to any Federal, State or local
7 governmental agency for the sole purpose of exercising a
8 legitimate governmental function or duty. Such records or
9 reports shall not be resold, published or disclosed by the
10 receiving agency for any commercial purpose nor without prior
11 departmental approval.
12 (5) PURCHASED BY A PERSON WHO, IN COMPLIANCE WITH THE <--
13 FAIR CREDIT REPORTING ACT (84 STAT. 1127-1136, 15 U.S.C. §
14 1601 ET SEQ.), HAS FILED WITH THE DEPARTMENT AN AFFIDAVIT, IN
15 FORM ACCEPTABLE TO THE DEPARTMENT, CERTIFYING THE INTENDED
16 USE OF SAID RECORD OR REPORTS.
17 (c) Grading.--Any offense under this section is a
18 misdemeanor of the third degree.
19 SUBCHAPTER B
20 TRAFFIC-CONTROL DEVICES
21 Sec.
22 6121. Uniform system of traffic-control devices.
23 6122. Authority to erect traffic-control devices.
24 6123. Erection of traffic-control devices while working.
25 6124. Erection of traffic-control devices at intersections.
26 6125. Display of unauthorized signs, signals or markings.
27 6126. Interference with devices, signs or signals.
28 6127. Dealing in nonconforming traffic-control devices.
29 § 6121. Uniform system of traffic-control devices.
30 The department shall publish a manual for a uniform system of
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1 traffic-control devices consistent with the provisions of this
2 title for use upon highways within this Commonwealth. The
3 uniform system shall correlate with and so far as possible
4 conform to the system set forth in the most recent edition of
5 the Manual on Uniform Traffic Control Devices for Streets and
6 Highways and other standards issued or endorsed by the Federal
7 Highway Administrator, United States Department of
8 Transportation.
9 § 6122. Authority to erect traffic-control devices.
10 (a) General rule.--The department on State-designated
11 highways and local authorities on any highway within their
12 boundaries may erect official traffic-control devices, which
13 shall be installed and maintained in conformance with the manual
14 and regulations published by the department upon all highways as
15 required to carry out the provisions of this title or to
16 regulate, restrict, direct, warn, prohibit or guide traffic.
17 Except where department regulations provide otherwise, local <--
18 authorities shall obtain approval of the department prior to
19 erecting an official traffic-control device on a State-
20 designated highway. Except in a municipality with a traffic
21 engineer qualified in accordance with department regulations,
22 approval of the department shall also be required for erection
23 of any traffic signal.
24 (1) LOCAL AUTHORITIES SHALL OBTAIN APPROVAL OF THE <--
25 DEPARTMENT PRIOR TO ERECTING AN OFFICIAL TRAFFIC-CONTROL
26 DEVICE ON A STATE-DESIGNATED HIGHWAY EXCEPT WHERE DEPARTMENT
27 REGULATIONS PROVIDE OTHERWISE.
28 (2) LOCAL AUTHORITIES SHALL OBTAIN APPROVAL OF THE
29 DEPARTMENT PRIOR TO ERECTING ANY TRAFFIC SIGNAL EXCEPT IN A
30 MUNICIPALITY WITH A TRAFFIC ENGINEER QUALIFIED IN ACCORDANCE
19750H1817B3266 - 323 -
1 WITH DEPARTMENT REGULATIONS.
2 (b) Standards for department approval.--The department shall
3 promulgate rules and regulations setting forth minimum standards
4 and factors to be considered in determining whether approval
5 shall be given by the department for the installation and
6 maintenance of official traffic-control devices. The factors
7 shall include, but not be limited to, the volume of traffic and
8 the number of accidents that occurred in each of the three
9 preceding years.
10 (c) Agreements to waive department approval.--The department
11 may enter into agreements with local authorities transferring to
12 them the authority to install official traffic-control devices
13 without specific State approval provided they conduct traffic
14 and engineering investigations which conform with the rules and
15 regulations promulgated by the department.
16 (d) Signals on municipal boundaries.--Whenever the need
17 arises for the installation of a traffic-control signal on or
18 near the boundary of two political subdivisions adjoining each
19 other so as to be beneficial to both, either may petition the
20 department for authority to install the signal. If the political
21 subdivisions cannot amicably agree upon an allocation of the
22 costs of installation and maintenance of the signal, either may
23 petition the court of common pleas of the county in which the
24 traffic-control signal is to be installed within 90 days after
25 receiving the approval of the department and the court shall
26 determine the proper allocation of the expenses to be incurred.
27 The political subdivision that originated the request to the
28 department shall install the traffic-control signal within 90
29 days of the date of the court order or of an amicable agreement
30 between the political subdivisions.
19750H1817B3266 - 324 -
1 (e) Costs.--The cost of erection of traffic-control signals <--
2 located on State-designated highways shall be borne by the
3 Commonwealth; and at intersections of State-designated highways
4 and local roads, such costs shall be borne by the Commonwealth
5 and the local authorities having jurisdiction over the local
6 road, each paying one-half of such costs, but local authorities
7 may, at their option, pay more than their half of the costs in
8 such cases.
9 § 6123. Erection of traffic-control devices while working.
10 Any person performing any work on or near the roadway which
11 may create hazards shall erect traffic-control devices in
12 accordance with the rules and regulations of the department for
13 the maintenance and protection of traffic.
14 § 6124. Erection of traffic-control devices at intersections.
15 The department on State-designated highways, including
16 intersections with local highways, and local authorities on
17 intersections of highways under their jurisdiction may erect and
18 maintain stop signs, yield signs or other official traffic-
19 control devices to designate through highways or to designate
20 intersections at which vehicular traffic on one or more of the
21 roadways should yield or stop and yield before entering the
22 intersection.
23 § 6125. Display of unauthorized signs, signals or markings.
24 (a) General rule.--No person shall place, maintain or
25 display upon or in view of any highway any unauthorized sign,
26 signal, marking or device which purports to be or is an
27 imitation of or resembles an official traffic-control device or
28 which attempts to direct the movement of traffic, or which hides
29 from view or interferes with the effectiveness of an official
30 traffic-control device.
19750H1817B3266 - 325 -
1 (b) Commercial advertising on signs or signals.--No person
2 shall place or maintain nor shall any public authority permit
3 upon any highway any official traffic-control device containing
4 any commercial advertising except for business signs included as
5 a part of official motorist service panels or roadside area
6 information panels approved by the department.
7 (c) Removal as public nuisance.--Every prohibited sign,
8 signal or marking is declared to be a public nuisance and the
9 authority having jurisdiction over the highway may remove the
10 same or cause it to be removed immediately at the reasonable
11 expense of the person placing, maintaining or displaying the
12 sign, signal or marking.
13 § 6126. Interference with devices, signs or signals.
14 No person shall, without lawful authority, attempt to or in
15 fact, alter, twist, obstruct, deface, injure, knock down, remove
16 or interfere with the effective operation of any official
17 traffic-control device, or any railroad sign or signal, or any
18 inscription, shield or insignia thereon or any other part
19 thereof.
20 § 6127. Dealing in nonconforming traffic-control devices.
21 (a) General rule.--It is unlawful for any person to
22 manufacture, sell, offer for sale or to lease for use on the
23 highway any traffic-control device unless it has been approved
24 and is in accordance with department rules and regulations.
25 (b) Penalty.--Any person violating this section is guilty of
26 a summary offense and shall, upon conviction, be sentenced to
27 pay a fine of not less than $100 nor more than $500.
28 SUBCHAPTER C
29 RECIPROCITY
30 Sec.
19750H1817B3266 - 326 -
1 6141. Declaration of policy.
2 6142. Reciprocity agreements, arrangements and declarations
3 authorized.
4 6143. Benefits, privileges and exemptions from taxes and fees.
5 6144. Vehicle registration and licensing.
6 6145. Proportional registration of fleet vehicles.
7 6146. Enforcement agreements.
8 6147. Declaration of reciprocity in absence of agreement.
9 6148. Applicability to leased vehicles.
10 6149. Automatic reciprocity.
11 6150. Proportional registration not exclusive.
12 6151. Suspension of reciprocity benefits.
13 6152. Form, publication and distribution of documents.
14 6153. Existing reciprocity agreements unaffected.
15 § 6141. Declaration of policy.
16 It is the policy of this Commonwealth to promote and
17 encourage the fullest possible use of its highway system by
18 authorizing the making and execution of reciprocal agreements,
19 arrangements and declarations with other states, provinces,
20 territories and countries with respect to drivers, licensed and
21 vehicles registered in this and other states, provinces,
22 territories and countries, thus contributing to the economic and
23 social development and growth of this Commonwealth.
24 § 6142. Reciprocity agreements, arrangements and declarations
25 authorized.
26 The secretary may execute or make agreements, arrangements
27 and declarations to carry out the provisions of this section and
28 may amend and terminate the agreements, arrangements and
29 declarations.
30 § 6143. Benefits, privileges and exemptions from taxes and
19750H1817B3266 - 327 -
1 fees.
2 The secretary may enter into an agreement or arrangement with
3 the duly authorized representatives of other jurisdictions,
4 granting to drivers or vehicles or owners of vehicles properly
5 licensed or registered in those jurisdictions, and for which
6 evidence of compliance is supplied, benefits, privileges and
7 exemptions from the payment, wholly or partially, of any taxes,
8 fees or other charges imposed upon the drivers, vehicles or
9 owners with respect to the operation or ownership of the
10 vehicles under the laws of this Commonwealth. The agreement or
11 arrangement shall provide that drivers or vehicles properly
12 licensed or registered in this Commonwealth, when operating upon
13 highways of the other jurisdiction, shall receive exemptions,
14 benefits and privileges of a similar kind or to a similar degree
15 as are extended to drivers or vehicles properly licensed or
16 registered in the jurisdiction when operating in this
17 Commonwealth. Each agreement or arrangement shall, in the
18 judgment of the secretary, be in the best interest of this
19 Commonwealth and the citizens thereof and shall be fair and
20 equitable to this Commonwealth and the citizens thereof, and
21 shall be determined on the basis and recognition of the benefits
22 which accrue to the economy of this Commonwealth from the
23 uninterrupted flow of commerce.
24 § 6144. Vehicle registration and licensing.
25 An agreement or arrangement entered into, or a declaration
26 issued, under this subchapter may contain provisions authorizing
27 the registration or licensing in another jurisdiction of
28 vehicles located in or operated from a base in the other
29 jurisdiction which vehicles otherwise would be required to be
30 registered or licensed in this Commonwealth. In such event, the
19750H1817B3266 - 328 -
1 exemptions, benefits and privileges extended by the agreement or
2 declaration shall apply to the vehicles when properly licensed
3 or registered in the base jurisdiction.
4 § 6145. Proportional registration of fleet vehicles.
5 If any jurisdiction permits or requires the licensing of
6 fleets of vehicles in interstate or combined interstate and
7 intrastate commerce and payment of registration fees, license
8 taxes or other fixed fees on an apportionment basis commensurate
9 with and determined by the miles traveled on and the use made of
10 the jurisdiction's highways, as compared with the miles traveled
11 on and the use made of another jurisdiction's highways or any
12 other equitable basis of apportionment, and exempts vehicles
13 registered in other jurisdictions under such apportionment basis
14 from the requirements of full payment of its own registration,
15 license or other fixed fees, then the secretary may, by
16 agreement, adopt the exemption with respect to vehicles of such
17 fleets, whether owned by residents or nonresidents of this
18 Commonwealth and regardless of where based. The agreements,
19 under such terms, conditions or restrictions as the secretary
20 deems proper, may provide that owners of vehicles operated in
21 interstate or combined interstate and intrastate commerce in
22 this Commonwealth shall be permitted to pay registration,
23 license or other fixed fees on an apportionment basis,
24 commensurate with and determined by the miles traveled or the
25 use made of the highways of this Commonwealth as compared with
26 the use made of the highways of other jurisdictions or any other
27 equitable basis of apportionment. No agreement shall authorize,
28 or be construed as authorizing, any vehicle so registered to be
29 operated in intrastate commerce in this Commonwealth unless the
30 owner has been granted intrastate authority or rights by the
19750H1817B3266 - 329 -
1 Pennsylvania Public Utility Commission if such grant is
2 otherwise required by law. The secretary may adopt and
3 promulgate such rules and regulations as deemed necessary to
4 effectuate and administer the provisions of this section, and
5 the registration of fleet vehicles under this subchapter shall
6 be subject to the rights, terms and conditions granted by or
7 contained in any applicable agreement, arrangement or
8 declaration made by the secretary.
9 § 6146. Enforcement agreements.
10 The secretary may enter into agreements relating to
11 enforcement of this title including, but not limited to,
12 agreements to notify any state of violations incurred by
13 residents of that state and to take measures to assure payment
14 of fines or attendance at hearings by persons charged with
15 violations.
16 § 6147. Declaration of reciprocity in absence of agreement.
17 In the absence of an agreement or arrangement with another
18 jurisdiction, the secretary may examine the laws and
19 requirements of such jurisdiction and declare the extent and
20 nature of exemptions, benefits and privileges to be extended to
21 vehicles properly registered or licensed in the other
22 jurisdiction, or to the owners of the vehicles, which shall, in
23 the judgment of the secretary, be in the best interest of this
24 Commonwealth and the citizens thereof, and which shall be fair
25 and equitable to this Commonwealth and the citizens thereof, and
26 shall be determined on the basis and recognition of the benefits
27 which accrue to the economy of this Commonwealth from the
28 uninterrupted flow of commerce.
29 § 6148. Applicability to leased vehicles.
30 An agreement or arrangement entered into, or a declaration
19750H1817B3266 - 330 -
1 issued, under the authority of this subchapter may contain
2 provisions under which a leased vehicle properly registered by
3 the lessor may be entitled, subject to terms and conditions
4 stated therein, to the exemptions, benefits and privileges
5 extended by such agreement, arrangement or declaration.
6 § 6149. Automatic reciprocity.
7 If no agreement, arrangement or declaration is in effect with
8 respect to another jurisdiction as authorized by this
9 subchapter, any vehicle properly registered or licensed in the
10 other jurisdiction, and for which evidence of compliance is
11 supplied, shall receive, when operated in this Commonwealth, the
12 same exemptions, benefits and privileges granted by the other
13 jurisdiction to vehicles properly registered in this
14 Commonwealth.
15 § 6150. Proportional registration not exclusive.
16 Nothing contained in this subchapter relating to proportional
17 registration of fleet vehicles shall be construed as requiring
18 any vehicle to be proportionally registered if the vehicle is
19 otherwise registered in this Commonwealth for the operation in
20 which it is engaged including, but not by way of limitation,
21 regular registration, temporary registration, or trip permit or
22 registration.
23 § 6151. Suspension of reciprocity benefits.
24 Agreements, arrangements or declarations made under authority
25 of this subchapter may include provisions authorizing the
26 department to suspend or cancel the exemptions, benefits or
27 privileges granted to a person who violates any of the
28 conditions or terms of such agreements, arrangements or
29 declarations or who violates the laws or regulations of this
30 Commonwealth related to motor vehicles.
19750H1817B3266 - 331 -
1 § 6152. Form, publication and distribution of documents.
2 All agreements, arrangements and declarations, and amendments
3 thereto, shall be in writing and shall be published in
4 compliance with the act of July 31, 1968 (P.L.769, No.240),
5 known as the "Commonwealth Documents Law." The department shall
6 provide copies for public distribution upon request.
7 § 6153. Existing reciprocity agreements unaffected.
8 All reciprocity and proportional registration agreements,
9 arrangements and declarations relating to vehicles, in force and
10 effect at the time this subchapter becomes effective, shall
11 continue in full force and effect until specifically amended or
12 revoked by the secretary.
13 CHAPTER 63
14 ENFORCEMENT
15 Subchapter
16 A. General Provisions
17 B. Records of Traffic Cases
18 C. Evidentiary Matters
19 SUBCHAPTER A
20 GENERAL PROVISIONS
21 Sec.
22 6301. Prosecutions under local ordinances superseded by title.
23 6302. Limitation of actions for summary offenses.
24 6303. Rights and liabilities of minors.
25 6304. AUTHORITY TO ARREST WITHOUT WARRANT. <--
26 6304. 6305. Arrest of nonresident. <--
27 6305. 6306. Costs for summary offenses. <--
28 6306. 6307. Liability for costs not paid by defendant. <--
29 6307. 6308. Investigation by police officers. <--
30 6308. 6309. Falsification. <--
19750H1817B3266 - 332 -
1 6310. AUTHORITY OF PENNSYLVANIA STATE POLICE. <--
2 § 6301. Prosecutions under local ordinances superseded by
3 title.
4 When the same conduct is prescribed under this title and a
5 local ordinance, the charge shall be brought under this title
6 and not under the local ordinance. Prosecutions brought under
7 any local ordinance, rule or regulation, which are based on a
8 violation for which there is a specific penalty provided in this
9 title, except for overtime parking, shall be deemed as having
10 been brought under this title and the assessment disposition of
11 the fines and forfeitures shall be so governed. Local ordinances
12 regulating overtime parking shall prescribe fines for
13 violations.
14 § 6302. Limitation of actions for summary offenses.
15 (a) General rule.--Except as provided in subsection (b) or
16 (c), proceedings for summary offenses under this title shall be
17 instituted within 30 days after the commission of the alleged
18 offense or within 30 days after the discovery of the commission
19 of the offense or the identity of the offender, whichever is
20 later, and not thereafter.
21 (b) Minor offenses.--Except as provided in subsection (c),
22 proceedings for summary offenses under the following provisions
23 shall be instituted within 15 days after the commission of the
24 alleged offense or within 15 days after the discovery of the
25 commission of the offense or the identity of the offender,
26 whichever is later, and not thereafter:
27 Chapter 31 (relating to general provisions)
28 Chapter 33 (relating to rules of the road in general)
29 Chapter 35 (relating to special vehicles and pedestrians)
30 Subchapters A and C of Chapter 37 (relating to
19750H1817B3266 - 333 -
1 miscellaneous provisions)
2 (c) Exception.--Where proceedings are timely instituted
3 against a person reasonably believed to have committed the
4 offense charged and it subsequently appears that a person other
5 than the person charged is the offender, proceedings may be
6 instituted against the other person within 30 or 15 days,
7 whichever is applicable, after the identity of the person is
8 discovered and not thereafter.
9 (d) Local ordinances on overtime parking.--Local ordinances
10 pertaining to overtime parking shall be subject to the
11 provisions of this section.
12 (e) Disposition of proceedings within two years.--In no
13 event shall any proceedings be held or action taken pursuant to
14 a summary offense under this title subsequent to two years after
15 the commission of the offense.
16 § 6303. Rights and liabilities of minors.
17 Any person over the age of 16 years charged with the
18 violation of any provisions of this title constituting a summary
19 offense shall have all the rights of an adult and may be
20 prosecuted under the provisions of this title in the same manner
21 as an adult.
22 § 6304. AUTHORITY TO ARREST WITHOUT WARRANT. <--
23 (A) PENNSYLVANIA STATE POLICE.--A MEMBER OF THE PENNSYLVANIA
24 STATE POLICE WHO IS IN UNIFORM MAY ARREST WITHOUT A WARRANT ANY
25 PERSON WHO VIOLATES ANY PROVISION OF THIS TITLE IN THE PRESENCE
26 OF THE POLICE OFFICER MAKING THE ARREST.
27 (B) OTHER POLICE OFFICERS.--ANY POLICE OFFICER WHO IS IN
28 UNIFORM MAY ARREST WITHOUT A WARRANT ANY NONRESIDENT WHO
29 VIOLATES ANY PROVISION OF THIS TITLE IN THE PRESENCE OF THE
30 POLICE OFFICER MAKING THE ARREST.
19750H1817B3266 - 334 -
1 (C) OTHER POWERS PRESERVED.--THE POWERS OF ARREST CONFERRED
2 BY THIS SECTION ARE IN ADDITION TO ANY OTHER POWERS OF ARREST
3 CONFERRED BY LAW.
4 § 6304. 6305. Arrest of nonresident. <--
5 (a) General rule.--Upon arrest of a nonresident for any
6 violation of this title, a police officer shall escort the
7 defendant to the appropriate issuing authority for a hearing,
8 posting of bond or payment of the applicable fine and costs,
9 unless the defendant chooses to place the amount of the
10 applicable fine (or the maximum fine in the case of a variable
11 fine) and costs in a stamped envelope addressed to the
12 appropriate issuing authority and mails the envelope in the
13 presence of the police officer.
14 (b) Procedure upon payment by mail.--If the defendant mails
15 the amount of the fine prescribed in subsection (a), the
16 defendant shall indicate on an accompanying form whether the
17 payment constitutes a fine based on a plea of guilty or a bond
18 for a hearing based on a plea of not guilty. If the plea is not
19 guilty, the police officer shall notify the issuing authority by
20 telephone and the issuing authority shall schedule a hearing for
21 the following day (excluding Saturdays, Sundays and legal
22 holidays), unless the defendant requests a continuance, in which
23 case a hearing shall be scheduled to accommodate the defendant,
24 the police officer and the issuing authority.
25 (c) Form of payment.--The amount of the fine and costs may
26 be paid in cash, personal or other check, credit card or
27 guaranteed arrest bond, except that the Court Administrator of
28 Pennsylvania may enlarge or restrict the types of payment which
29 may be made by mail.
30 (d) Receipt for payment.--The police officer shall give the
19750H1817B3266 - 335 -
1 defendant a receipt for the payment, a copy of which shall be
2 mailed with the payment and a copy retained by the police
3 officer.
4 § 6305. 6306. Costs for summary offenses. <--
5 (a) General rule.--Except as provided in subsection (b), any
6 person convicted of a summary offense under this title shall, in
7 addition to the fine imposed, be sentenced to pay $10 as costs
8 of the issuing authority which costs shall include all charges
9 including, when called for, the costs of postage and registered
10 or certified mail and the costs of giving a transcript to the
11 prosecutor or defendant, or both, if requested.
12 (b) Conviction after hearing.--Where the person charged with
13 a summary offense under this title demands a hearing, the costs
14 of the issuing authority shall be $15, which costs shall include
15 all charges including the charges specified in subsection (a).
16 § 6306. 6307. Liability for costs not paid by defendant. <--
17 In any case of prosecution under the provisions of this title
18 in which the defendant is found not guilty or for any other
19 reason costs are not recovered from the defendant, all costs of
20 prosecution shall be paid by the county.
21 § 6307. 6308. Investigation by police officers. <--
22 (a) Duty of operator or pedestrian.--The operator of any
23 vehicle or any pedestrian reasonably believed to have violated
24 any provision of this title shall stop upon request or signal of
25 any police officer and shall, upon request, exhibit a
26 registration card, driver's license and proof of insurance, or
27 other means of identification if a pedestrian or driver of a
28 bicycle, and shall write their name in the presence of the
29 police officer if so required for the purpose of establishing
30 identity.
19750H1817B3266 - 336 -
1 (b) Authority of police officer.--Any police officer may
2 stop a vehicle, upon request or signal, for the purpose of
3 inspecting the vehicle as to its equipment and operation, or
4 vehicle identification number or engine number, or to secure
5 such other information as the officer may reasonably believe to
6 be necessary to enforce the provisions of this title.
7 (c) Inspection of garages and dealer premises.--Any police
8 officer or authorized department employee may inspect any
9 vehicle in any public garage or repair shop or on the premises
10 of any dealer, person engaged in the business of shredding, <--
11 crushing or otherwise recycling vehicles, SALVOR, SCRAP METAL <--
12 PROCESSOR, or other public place of business for the purpose of
13 locating stolen vehicles or parts. The owner of the garage or
14 repair shop or the dealer or other person shall permit any
15 police officer or authorized department employee to make
16 investigations under this subsection.
17 § 6308. 6309. Falsification. <--
18 (a) False swearing.--Any person who makes a false affidavit
19 or swears or affirms falsely to any matter or thing required
20 under the provisions of this title to be sworn to or affirmed is
21 guilty of a misdemeanor of the third degree and shall, upon
22 conviction, be punished in accordance with section 6503
23 (relating to misdemeanors).
24 (b) Unsworn falsification.--Any person who knowingly
25 falsifies, conceals or omits a material fact, or makes any
26 false, fictitious or fraudulent statements or representations,
27 or makes or uses any false writing or document, knowing it to
28 contain any false, fictitious or fraudulent statement in any
29 matter or thing required under the provisions of this title, is
30 guilty of a misdemeanor of the third degree and shall, upon
19750H1817B3266 - 337 -
1 conviction, be punished in accordance with section 6503.
2 § 6310. AUTHORITY OF PENNSYLVANIA STATE POLICE. <--
3 SUCH EMPLOYEES OF THE COMMONWEALTH AS ARE DESIGNATED AS
4 PENNSYLVANIA STATE POLICEMEN ARE HEREBY DECLARED TO BE PEACE
5 OFFICERS AND ARE HEREBY GIVEN POLICE POWER AND AUTHORITY
6 THROUGHOUT THIS COMMONWEALTH IN ADDITION TO ANY OTHER POWER OR
7 AUTHORITY CONFERRED BY LAW TO ARREST ON VIEW, ON SUNDAY OR ANY
8 OTHER DAY, WHEN IN UNIFORM, WITHOUT WRIT, RULE, ORDER OR
9 PROCESS, ANY PERSON VIOLATING ANY OF THE PROVISIONS OF THIS
10 TITLE.
11 SUBCHAPTER B
12 RECORDS OF TRAFFIC CASES
13 Sec.
14 6321. Records of issuing authorities.
15 6322. Reports by issuing authorities.
16 6323. Reports by courts of record.
17 6324. Failure to comply with provisions of subchapter.
18 6325. Department records.
19 6326. Traffic citation forms.
20 § 6321. Records of issuing authorities.
21 (a) General rule.--Every issuing authority shall keep or
22 cause to be kept for a period of three years a record of every
23 traffic complaint, traffic citation or other legal form of
24 traffic charge deposited with or presented to the issuing
25 authority.
26 (b) Contents of record.--The record of the issuing authority
27 shall include, but not be limited to, an exact record of the
28 proceedings, the section and subsection violated, the
29 conviction, forfeiture of bail, judgment of acquittal and the
30 amount of fine or forfeiture resulting from every traffic
19750H1817B3266 - 338 -
1 complaint or citation deposited with or presented to the issuing
2 authority.
3 (c) Receipt for payment of fine.--The issuing authority
4 shall deliver, without charge, to the defendant a receipt
5 showing in detail the section and subsection violated and the
6 amount of fine and costs imposed and paid.
7 (d) Inspection of record.--The records of the issuing
8 authority required under this section shall be open for
9 inspection by any police officer or authorized employee of the
10 department, the Department of Justice, the Department of
11 Revenue, the Auditor General and the Court Administrator of the
12 Supreme Court.
13 § 6322. Reports by issuing authorities.
14 (a) General rule.--At the end of each week MONTH, every <--
15 issuing authority shall prepare a statement, upon forms
16 prescribed and furnished by the department, of all fines
17 collected, bail forfeited, sentence imposed and final
18 disposition for all cases on violations of any provisions of
19 this title decided by the issuing authority in the week DURING <--
20 THE MONTH PRECEDING THE MONTH just concluded. The statement
21 shall be certified by the issuing authority to be true and
22 correct and shall be forwarded to the department within the
23 following week, with a copy sent to the police department which
24 filed the charge. The fines and bail forfeited shall accompany
25 the report to the department.
26 (b) Contents of report.--The report shall include CONTAIN <--
27 the identifying number of the citation, the name and residence
28 address of the party charged, the driver's license number, the <--
29 registration number of the vehicle involved, a description of
30 the offense, the section and subsection of the statute or
19750H1817B3266 - 339 -
1 ordinance violated, the date of hearing, the plea, the judgment
2 or whether bail was forfeited, clear and concise reasons
3 supporting the adjudication, the sentence or amount of
4 forfeiture and such other information as the department may
5 require. THE SECTION AND SUBSECTION OF THE STATUTE OR ORDINANCE <--
6 VIOLATED, AND A COPY OF THE CITATION.
7 (c) Use of reports by department.--The department shall
8 promptly enter the information contained in the reports in the
9 records of the persons involved in order to effect swift
10 execution of the provisions of Subchapter B of Chapter 15
11 (relating to a comprehensive system for driver education and
12 control).
13 § 6323. Reports by courts of record.
14 The clerk of any court of record of this Commonwealth, within
15 ten days after final judgment of conviction or acquittal or
16 other disposition of charges under any of the provisions of this
17 title, shall send to the department a record of the judgment of
18 conviction, acquittal or other disposition. A record of the
19 judgment shall also be forwarded to the department upon
20 conviction or acquittal of a person of a felony in the
21 commission of which the judge determines that a motor vehicle
22 was essentially involved. The fines and bail forfeited shall
23 accompany the record sent to the department.
24 § 6324. Failure to comply with provisions of subchapter.
25 (a) General rule.--Failure, refusal or neglect of any
26 issuing authority or clerk of court to comply with any of the
27 requirements of this subchapter is a summary offense punishable
28 by a fine of no less than $100. Conviction shall be grounds for
29 removal from office.
30 (b) Second or subsequent convictions.--Any second or
19750H1817B3266 - 340 -
1 subsequent conviction for violation of this subchapter
2 constitutes a misdemeanor of the third degree punishable by a
3 fine of not less than $500.
4 § 6325. Department records.
5 The department shall file all reports and records received
6 under the provisions of this subchapter and shall maintain
7 suitable records or facsimiles of the records.
8 § 6326. Traffic citation forms.
9 (a) Issuance by department.--The department shall be
10 responsible for the issuance of traffic citation forms in
11 conformance with the Pennsylvania Rules of Criminal Procedure.
12 The citation form shall indicate, as additional information the
13 number of points, if any, to be assessed by the department upon
14 a plea of guilty or conviction. Failure of any person to provide
15 and complete such additional information shall not affect the
16 validity of the citation or a prosecution commenced thereby. The
17 department shall maintain a record of all citations issued and
18 shall require and retain a receipt.
19 (b) Use of department forms mandatory.--All traffic
20 citations issued in this Commonwealth, except for overtime
21 parking, shall be upon forms issued by the department under
22 subsection (a).
23 (c) Accounting for forms.--The chief administrative officer
24 of every police department or traffic enforcement agency shall
25 require the return of a copy of every traffic citation issued by
26 every officer under their supervision to an alleged violator and
27 of all copies spoiled.
28 (d) Department audit.--The department shall regularly audit
29 the records of issuance of traffic citation forms to ensure
30 their proper use.
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1 SUBCHAPTER C
2 EVIDENTIARY MATTERS
3 Sec.
4 6341. Admissibility of copies of records as evidence.
5 6342. Registration number as prima facie evidence of operation.
6 § 6341. Admissibility of copies of records as evidence.
7 All copies, including photostatic copies and microfilm
8 reproductions, of records, books, papers, documents and rulings
9 of the department, when certified under and bearing the seal of
10 the department by its duly authorized agent, shall be acceptable
11 as evidence in the courts of this Commonwealth with the same
12 force and effect as the originals in all cases where the
13 original records, books, papers, documents and ruling would be
14 admitted in evidence.
15 § 6342. Registration number as prima facie evidence of
16 operation.
17 (a) General rule.--In any proceeding for a violation of the
18 provisions of this title or any local ordinance, rule or
19 regulation, the registration plate displayed on a vehicle shall
20 be prima facie evidence that the owner of the vehicle was then
21 operating the vehicle.
22 (b) Burden shifted by testimony of owner.--If at any hearing
23 or proceeding the owner testifies under oath or affirmation that
24 the owner was not operating the vehicle at the time of the
25 alleged violation and submits to an examination as to who at the
26 time was operating the vehicle and reveals the name of the
27 person, if known, then the prima facie evidence arising from the
28 registration plate shall be overcome and removed and the burden
29 of proof shifted.
30 (c) Burden shifted by affidavit of owner.--If the
19750H1817B3266 - 342 -
1 information is made in a county other than that of the owner's
2 own residence and an affidavit setting forth these facts is
3 forwarded to the issuing authority, the prima facie evidence
4 arising from the registration plate shall be overcome and the
5 burden of proof shifted.
6 CHAPTER 65
7 PENALTIES AND DISPOSITION OF FINES
8 Sec.
9 6501. Definition of conviction.
10 6502. Summary offenses.
11 6503. Misdemeanors.
12 6504. Felonies.
13 6505. Inability to pay fine and costs.
14 6506. Disposition of fines and forfeitures.
15 § 6501. Definition of conviction.
16 (a) General rule.--For the purposes of this title a
17 conviction includes a plea of guilty, a plea of nolo contendere,
18 a finding of guilty by a court or an unvacated forfeiture of
19 bail or collateral deposited to secure a defendant's appearance
20 in court.
21 (b) Payment of fine as guilty plea.--A payment by any person
22 charged with a violation of this title of the fine prescribed
23 for the violation is a plea of guilty.
24 § 6502. Summary offenses.
25 (a) Designation.--It is a summary offense for any person to
26 violate any of the provisions of this title unless the violation
27 is by this title or other statute of this Commonwealth declared
28 to be a misdemeanor or felony.
29 (b) Penalty.--Every person convicted of a summary offense
30 for a violation of any of the provisions of this title for which
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1 another penalty is not provided shall be sentenced to pay a fine
2 of $25.
3 § 6503. Misdemeanors.
4 (a) General rule.--Every person convicted of a violation of
5 any of the provisions of this title designated a misdemeanor of
6 the third degree or a misdemeanor without designation as to
7 degree for which another penalty is not provided shall:
8 (1) For a first conviction, be sentenced to pay a fine
9 of not less than $100 nor more than $500, or to imprisonment
10 for not more than 30 days, or both.
11 (2) For a second or subsequent conviction of the same
12 offense committed within three years after the date of the
13 first offense, be sentenced to pay a fine of not less than
14 $200 nor more than $1,000, or to imprisonment for not more
15 than one year, or both.
16 (b) Second convictions of certain offenses.--Every person
17 convicted of a second violation of any of the following
18 provisions shall be guilty of a misdemeanor of the third degree
19 and shall be sentenced to pay a fine of not less than $200 nor
20 more than $1,000, or to imprisonment for not more than one year,
21 or both:
22 Section 1501(a) (relating to drivers required to be
23 licensed).
24 Section 1543 (relating to driving while operating privilege
25 is suspended or revoked).
26 Section 3367 (relating to racing on highways).
27 Section 3731 (relating to reckless driving).
28 Section 3734 (relating to fleeing or attempting to elude
29 police officer).
30 Section 3735 (relating to driving without lights to avoid
19750H1817B3266 - 344 -
1 identification or arrest).
2 Section 3748 (relating to false reports).
3 § 6504. Felonies.
4 Every person convicted of a violation of any of the
5 provisions of this title designated a felony of the third degree
6 or felony without designation as to degree for which another
7 penalty is not provided shall be sentenced to pay a fine of not
8 less than $500 nor more than $5,000, or to imprisonment for not
9 less than one year nor more than five years, or both.
10 § 6505. Inability to pay fine and costs.
11 (a) Order for installment payments.--Upon plea and proof
12 that a person is unable to pay any fine and costs imposed under
13 this title, a court may, in accordance with the Pennsylvania
14 Rules of Criminal Procedure, order payment of the fine and costs
15 in installments and shall fix the amounts, times and manner of
16 payment.
17 (b) Imprisonment for nonpayment.--Any person who does not
18 comply with an order entered under this section may be
19 imprisoned for a number of days equal to one day for each $10 of
20 the unpaid balance of the fine and costs.
21 § 6506. Disposition of fines and forfeitures.
22 (a) State Police enforcement.--When prosecution under the
23 provisions of this title is the result of State Police action,
24 all fines and penalties and all bail forfeited shall be paid to
25 the Department of Revenue, transmitted to the State Treasury and
26 credited to the Motor License Fund. One-half of the revenue
27 shall be paid to municipalities in the same ratio and for the
28 same purposes provided in section 4 of the act of June 1, 1956
29 (P.L.1944, No.655), relating to partial allocation of fuels and
30 liquid fuels tax proceeds.
19750H1817B3266 - 345 -
1 (b) Local police enforcement except for overtime parking AND <--
2 EXCESSIVE SPEED.--When prosecution under the provisions of this
3 title, except for overtime parking OR EXCESSIVE SPEED is the <--
4 result of local police action, one-half of all fines and
5 penalties and all bail forfeited shall be paid to the political
6 subdivision under which the local police are organized and one-
7 half to the Department of Revenue, transmitted to the State
8 Treasury and credited to the Motor License Fund.
9 (c) Local police enforcement for overtime parking.--When
10 prosecution under the provisions of this title for overtime
11 parking is the result of local police action, all fines and
12 penalties and all bail forfeited shall be paid to the political
13 subdivision under which the local police are organized.
14 (D) LOCAL POLICE ENFORCEMENT OF SPEED.--WHEN PROSECUTION <--
15 UNDER THE PROVISIONS OF THIS TITLE FOR EXCESSIVE SPEED IS THE
16 RESULT OF LOCAL POLICE ACTION ALL FINES AND PENALTIES AND ALL
17 BAIL FORFEITED SHALL BE PAID TO THE COMMONWEALTH AND
18 REDISTRIBUTED TO THE MUNICIPALITIES IN THE MANNER PROVIDED FOR
19 DISTRIBUTION TO MUNICIPALITIES OF THE PROCEEDS OF THE LIQUID
20 FUELS TAX.
21 CHAPTER 67
22 SERVICE OF PROCESS ON NONRESIDENTS
23 Sec.
24 6701. Service of process on nonresident.
25 6702. Residents who depart Commonwealth or whose whereabouts
26 are unknown.
27 6703. Personal representatives of nonresidents.
28 6704. Manner of service of process.
29 6705. Record of service of process.
30 § 6701. Service of process on nonresident.
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1 (a) Secretary of Commonwealth as agent.--The acceptance by a
2 nonresident of any right or privilege conferred upon him by the
3 laws of this Commonwealth to title, register or operate a motor
4 vehicle within this Commonwealth, or the titling, registration
5 or operation by a nonresident or duly authorized agent or
6 employee of a motor vehicle within this Commonwealth, or in the
7 event the nonresident is the owner of a motor vehicle, then also
8 the titling, registration or operation of the vehicle within
9 this Commonwealth by any person with the express or implied
10 permission of the owner, shall be deemed equivalent to an
11 appointment by the nonresident of the Secretary of the
12 Commonwealth to be the true and lawful attorney upon whom may be
13 served all lawful process in any action or proceeding against
14 the nonresident growing out of any accident or collision
15 resulting from the operation of a motor vehicle upon any highway
16 or elsewhere throughout this Commonwealth.
17 (b) Implied consent of nonresident.--The titling,
18 registration or operation of a motor vehicle within this
19 Commonwealth shall be deemed consent by a nonresident that any
20 process served in the manner provided in this chapter shall be
21 of the same legal force and validity as if served personally on
22 the nonresident.
23 § 6702. Residents who depart Commonwealth or whose whereabouts
24 are unknown.
25 The provisions of this chapter apply to any resident who
26 departs from this Commonwealth subsequent to an accident or
27 collision or to any resident whose whereabouts are unknown.
28 § 6703. Personal representatives of nonresidents.
29 The appointment of the Secretary of the Commonwealth as the
30 attorney for service of process on nonresidents is irrevocable
19750H1817B3266 - 347 -
1 and binding upon the personal representative, executor or
2 administrator of the nonresident, and the provisions of this
3 chapter shall apply in an action or proceeding against the
4 personal representative, executor or administrator of a
5 nonresident when the action or proceeding arises out of any
6 accident or collision in which the nonresident may have been
7 involved.
8 § 6704. Manner of service of process.
9 Service of process shall be made in compliance with the
10 applicable Pennsylvania Rules of Civil and Criminal Procedure.
11 When service upon the Secretary of the Commonwealth is required,
12 a true and attested copy of the process shall be sent to the
13 Secretary of the Commonwealth by registered mail at least 15
14 days before the return day of the process.
15 § 6705. Record of service of process.
16 The Secretary of the Commonwealth shall keep a record of each
17 process served and the day and hour of the service.
18 PART VI
19 MISCELLANEOUS PROVISIONS
20 Chapter
21 71. Vehicle Theft and Related Provisions
22 73. Abandoned Vehicles and Cargos
23 75. Messenger Service
24 77. SNOWMOBILES <--
25 81. INTERSTATE COMPACTS AND AGREEMENTS
26 CHAPTER 71
27 VEHICLE THEFT AND RELATED PROVISIONS
28 Subchapter
29 A. Identification Number
30 B. Stolen Vehicles
19750H1817B3266 - 348 -
1 C. Misuse of Documents and Plates
2 SUBCHAPTER A
3 IDENTIFICATION NUMBER
4 Sec.
5 7101. Requirement for identification number.
6 7102. Removal or falsification of identification number.
7 7103. Dealing in vehicles with removed or falsified
8 numbers.
9 7104. State replacement vehicle identification number
10 plate.
11 7105. Seizure of vehicles with removed or falsified
12 numbers.
13 § 7101. Requirement for identification number.
14 Every vehicle OTHER THAN A PEDALCYCLE shall contain a vehicle <--
15 indentification number which shall be placed upon or
16 incorporated into the vehicle in such manner as to be a
17 permanent part of the vehicle. § 7102. Removal or falsification
18 of identification number.
19 (a) Offense defined.--A person who wilfully removes or
20 falsifies an identification number of a vehicle, engine or
21 transmission is guilty of a misdemeanor of the third degree.
22 (b) Fraudulent intent.--A person who wilfully and with
23 intent to conceal or misrepresent the identity of a vehicle,
24 engine or transmission, removes or falsifies an identification
25 number thereof, is guilty of a felony of the third degree.
26 (c) Exception.--This section does not apply to the removal
27 of an identification number from a vehicle for which a
28 certificate of junk has been obtained in accordance with section
29 1117 (relating to vehicle destroyed or junked).
30 § 7103. Dealing in vehicles with removed or falsified
19750H1817B3266 - 349 -
1 numbers.
2 (a) Offense defined.--A person who buys, receives,
3 possesses, sells or disposes of a vehicle, engine or
4 transmission, knowing that an identification number has been
5 removed or falsified, is guilty of a misdemeanor of the third
6 degree.
7 (b) Knowledge of fraudulent intent.--A person who buys,
8 receives, possesses, sells or disposes of a vehicle, engine or
9 transmission with knowledge that an identification number has
10 been removed or falsified with intent to conceal or misrepresent
11 the identity thereof, is guilty of a felony of the third degree.
12 (c) Exception.--This section does not apply to the removal
13 of an identification number from a vehicle for which a
14 certificate of junk has been obtained in accordance with section
15 1117 (relating to vehicle destroyed or junked).
16 § 7104. State replacement vehicle identification number
17 plate.
18 (a) General rule.--No vehicle on which the vehicle
19 identification number has been removed or falsified shall be
20 titled or registered without a special permit from the
21 department.
22 (b) Application for plate.--Before a certificate of title or
23 registration for the vehicle can be obtained, the owner shall
24 apply to the department for a State replacement vehicle
25 identification number plate on a form furnished by the
26 department which shall contain the full name and address of the
27 owner and any other information the department may deem
28 necessary, sworn to before an official empowered to administer
29 oaths.
30 (c) Designation on plate.--The State replacement vehicle
19750H1817B3266 - 350 -
1 identification number plate shall contain:
2 (1) Official department identification.
3 (2) The manufacturer's vehicle identification number, if
4 known, or a number assigned by the department.
5 (d) Issuance and display of plate.--The department shall
6 furnish a State replacement vehicle identification number plate
7 which shall be immediately placed in a uniform manner as
8 designated by the department on the vehicle.
9 (e) Reconstructed or specially-constructed vehicle.--The
10 department may assign a State replacement vehicle identification
11 number plate for a reconstructed or specially-constructed
12 vehicle.
13 § 7105. Seizure of vehicles with removed or falsified
14 numbers.
15 (a) Duty of police.--Every police officer having knowledge
16 of a vehicle on which the vehicle identification number has been
17 removed or falsified shall immediately seize and take possession
18 of the vehicle and arrest or file a complaint for the arrest of
19 the suspected owner or custodian. In all actions involving
20 seizure or possession of such vehicles, vehicle identification
21 information shall be transmitted to the Federal or other
22 agencies involved in recovery of stolen vehicles.
23 (b) Proceedings if owner known.--The court, upon petition of
24 the owner or of the person entitled to possession of a seized
25 vehicle, may relinquish custody of the vehicle to the person
26 legally entitled to the vehicle upon presentation of proof that
27 a State replacement vehicle identification number plate has been
28 issued by the department under section 7104 (relating to State
29 replacement vehicle identification number plate). Except as
30 otherwise provided in this section, the court shall retain in
19750H1817B3266 - 351 -
1 custody the seized vehicle pending prosecution of the person
2 arrested. In case the person is found guilty, the vehicle shall
3 remain in the custody of the court until the fine and costs of
4 prosecution are paid, except that if 90 days have elapsed after
5 the verdict has been rendered and the fine and costs have not
6 been paid, the court shall proceed to advertise and sell the
7 vehicle in the manner provided by law for the sale of personal
8 property under execution. The proceeds from the sale shall be
9 used to pay the fine and costs of prosecution and the balance,
10 if any, shall be forwarded to the department to be transmitted
11 to the State Treasurer for deposit in the Motor License Fund.
12 (c) Proceedings if owner unknown.--If ownership of the
13 vehicle is not established to the satisfaction of the court, the
14 vehicle shall be confiscated by the court and sold immediately,
15 and the proceeds shall be used to pay the costs of proceedings
16 and the balance, if any, shall be forwarded to the department to
17 be transmitted to the State Treasurer for deposit in the Motor
18 License Fund.
19 SUBCHAPTER B
20 STOLEN VEHICLES
21 Sec.
22 7111. Dealing in titles and plates for stolen vehicles.
23 7112. False report of theft or conversion of vehicle.
24 7113. Reporting stolen and recovered vehicles.
25 7114. Records of stolen vehicles.
26 7115. Application for certificate of title of a stolen vehicle.
27 7116. Fraudulent removal of vehicle from garage.
28 § 7111. Dealing in titles and plates for stolen vehicles.
29 A person is guilty of a felony of the third degree if the
30 person with fraudulent intent procures or attempts to procure a
19750H1817B3266 - 352 -
1 certificate of title or registration plate for a vehicle, or
2 passes or attempts to pass a certificate of title or an
3 assignment to a vehicle, knowing or having reason to believe
4 that the vehicle has been stolen.
5 § 7112. False report of theft or conversion of vehicle.
6 A person is guilty of a misdemeanor of the third degree if
7 the person knowingly makes a false report of the theft or
8 conversion of a vehicle to a police officer or to the
9 department.
10 § 7113. Reporting stolen and recovered vehicles.
11 (a) Stolen vehicle.--Every police department or police
12 office, having knowledge of a stolen vehicle, shall immediately
13 furnish the State Police with full information about the stolen
14 vehicle. The State Police shall forward the stolen vehicle
15 information to the department.
16 (b) Recovered stolen vehicle.--Within 48 hours of the
17 recovery of a stolen vehicle, the police shall notify the owner
18 of the vehicle. If the vehicle was recovered without their
19 knowledge, the owner shall notify the same police department to
20 which the theft was originally reported. On recovering or
21 receiving and verifying the report of recovery of a stolen
22 vehicle, the police shall notify the State Police. The State
23 Police shall notify the department of the recovery.
24 § 7114. Records of stolen vehicles.
25 (a) General rule.--The department shall, upon receiving a
26 report of the theft of a vehicle, make an entry onto the
27 vehicle's record that it has been reported as stolen, which
28 entry shall remain until a report of recovery has been received
29 as provided in section 7113(b) (relating to reporting stolen and
30 recovered vehicles). If the vehicle is not reported as recovered
19750H1817B3266 - 353 -
1 within five years, the department may remove the record from its
2 files.
3 (b) List of stolen and recovered vehicles.--The department
4 shall prepare periodic reports listing vehicles, stolen and
5 recovered, as disclosed by the reports submitted, to be
6 distributed as provided in regulations promulgated by the
7 department.
8 § 7115. Application for certificate of title of a stolen
9 vehicle.
10 Upon receipt of an application for a certificate of title of
11 a stolen vehicle, the department shall notify the State Police
12 and the rightful owner and shall withhold the issuing of the
13 certificate of title until the proper investigation is made.
14 § 7116. Fraudulent removal of vehicle from garage.
15 No person shall remove or cause to be removed, by any false
16 pretension or with intent to defraud, any vehicle that has been
17 placed in a garage or automobile shop for storage, repair or
18 garage service.
19 SUBCHAPTER C
20 MISUSE OF DOCUMENTS AND PLATES
21 Sec.
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 § 7121. False application for certificate of title or
28 registration.
29 A person is guilty of a felony of the third degree if the
30 person uses a false or fictitious name or address or makes a
19750H1817B3266 - 354 -
1 material false statement, or fails to disclose a security
2 interest, or conceals any other material fact in an application
3 for a certificate of title or for registration.
4 § 7122. Altered, forged or counterfeit documents and plates.
5 A person is guilty of a felony of the third degree if the
6 person, with fraudulent intent:
7 (1) alters, forges or counterfeits a certificate of
8 title, registration card or plate, inspection certificate or
9 proof of insurance;
10 (2) alters or forges an assignment of a certificate of
11 title, or an assignment or release of a security interest on
12 a certificate of title or any other document issued or
13 prepared for issue by the department; or
14 (3) has possession of, sells or attempts to sell, uses
15 or displays a certificate of title, registration card or
16 plate, driver's license, inspection certificate proof of
17 insurance or any other document issued by the department,
18 knowing it to have been altered, forged or counterfeited.
19 § 7123. Sale or purchase of certificate or other document.
20 It is unlawful to purchase or sell a certificate or any other
21 document issued by the department. Police officers or department
22 representatives may confiscate the documents when unlawfully
23 possessed or used.
24 § 7124. Fraudulent use or removal of registration plate.
25 A person is guilty of a misdemeanor of the third degree if
26 the person either removes a registration plate from a vehicle or
27 affixes to a vehicle a registration plate not authorized by law
28 for use on the vehicle, with intent to conceal or misrepresent
29 the identity of the vehicle or its owner.
30 CHAPTER 73
19750H1817B3266 - 355 -
1 ABANDONED VEHICLES AND CARGOS
2 Sec.
3 7301. Authorization of salvors.
4 7302. Certificate of authorization.
5 7303. Suspension of authorization.
6 7304. Reports to department of possession of abandoned
7 vehicles.
8 7305. Notice to owner and lienholders of abandoned vehicles.
9 7306. Payment of costs upon reclaiming vehicle.
10 7307. Authorization for disposal of unclaimed vehicles.
11 7308. Public sale of unclaimed vehicles with value.
12 7309. Junking of vehicles valueless except for junk.
13 7310. Removal of vehicles and spilled cargo from roadway.
14 7311. Reports by garage keepers of abandoned vehicles.
15 7312. Penalty for violation of chapter.
16 § 7301. Authorization of salvors.
17 (a) General rule.--The department shall authorize and shall
18 issue a certificate of authorization to every salvor that
19 complies with the requirements of this chapter and regulations
20 adopted by the department and is a vehicle salvage dealer as
21 defined in section 1337(c)(2) (relating to use of "Miscellaneous
22 Motor Vehicle Business" registration plates).
23 (b) Unauthorized operation prohibited.--No person shall
24 operate as a salvor unless authorized.
25 (c) Duty of salvor.--Upon written request of a police
26 department, a salvor shall take possession of and remove to the
27 storage facility of the salvor any abandoned vehicle located
28 within 30 miles of the place of business of the salvor.
29 (d) Storage facility.--A salvor may rent or own a storage
30 facility, which shall comply with the act of December 15, 1971
19750H1817B3266 - 356 -
1 (P.L.596, No.160), known as the "Outdoor Advertising Control Act
2 of 1971," where applicable, and with regulations promulgated by
3 the department.
4 § 7302. Certificate of authorization.
5 (a) Application and issuance.--Application for a certificate
6 of authorization shall be made on a form prescribed by the
7 department. The department shall investigate the qualifications
8 and fitness of the applicant and shall issue a certificate of
9 authorization if it determines that the applicant is capable of
10 performing the duties of a salvor in a manner consistent with
11 the public interest.
12 (b) Place of business.--Every applicant shall have and
13 maintain an established place of business. If the applicant has
14 or intends to have one or more places of business or branch
15 offices, the application shall contain complete information for
16 each location.
17 (c) Bonding required.--Before issuing a certificate of
18 authorization, the department shall require the applicant to
19 furnish and maintain a bond indemnifying the public and the
20 department in the amount of $10,000. An individual bond for each
21 place of business is not required, but all places of business
22 shall be covered by the bond.
23 (d) Duration and renewal.--Certificates of authorization
24 shall be issued for a period of one year and shall be subject to
25 annual renewal.
26 § 7303. Suspension of authorization.
27 (a) General rule.--The department shall supervise salvors
28 and, after providing an opportunity for a hearing, shall suspend
29 the authorization of any salvor which the department finds is
30 not properly operated or which has violated or failed to comply
19750H1817B3266 - 357 -
1 with any of the provisions of this chapter or regulations
2 adopted by the department. A suspended certificate of
3 authorization shall be returned to the department immediately
4 except an appeal from suspension as provided in subsection (b)
5 shall operate as a supersedeas of any suspension by the
6 department.
7 (b) Judicial review.--Any person whose certificate of
8 authorization has been denied or suspended under this chapter
9 shall have the right to file a petition within 30 days
10 thereafter for a hearing on the matter in the court of common
11 pleas of the county in which the principal place of business of
12 the salvor is located. The court is hereby vested with
13 jurisdiction and it shall be its duty to set the matter for
14 hearing upon 30 days' written notice to the department and to
15 take testimony and examine into the facts of the case and to
16 determine whether the petitioner is entitled to a certificate of
17 authorization or is subject to suspension of the certificate of
18 authorization under the provisions of this chapter.
19 § 7304. Reports to department of possession of abandoned
20 vehicles.
21 Any salvor taking possession of an abandoned vehicle pursuant
22 to section 7301(c) (relating to authorization of salvors) shall
23 within 48 hours after taking possession report to the department
24 the make, model, vehicle identification number and registration
25 plate number of the abandoned vehicle, and the name and address
26 of the owner or person who abandoned the vehicle, if known,
27 together with any other information or documents which the
28 department may by regulation require. The report shall include a
29 statement whether the vehicle is valueless except for junk.
30 Where the report indicates the vehicle is valueless except for
19750H1817B3266 - 358 -
1 junk, the salvor shall include a photograph of the vehicle to be
2 prepared in a manner prescribed by the department. A report by a
3 salvor that a vehicle is valueless except for junk shall be
4 verified by the police department which authorized transfer of
5 the vehicle to the salvor.
6 § 7305. Notice to owner and lienholders of abandoned vehicles.
7 (a) General rule.--Except as provided in section 7309
8 (relating to junking of vehicles valueless except for junk), the
9 department, upon receipt of notice that an abandoned vehicle has
10 been taken into possession pursuant to this chapter, shall
11 notify by certified mail, return receipt requested, the last
12 known registered owner of the vehicle and all lienholders of
13 record that the vehicle is abandoned.
14 (b) Contents of notice.--The notice shall:
15 (1) Describe the make, model, title number, vehicle
16 identification number and registration plate number of the
17 abandoned vehicle, if known.
18 (2) State the location where the vehicle is being held.
19 (3) Inform the owner and any lienholders of their right
20 to reclaim the vehicle within 30 days after the date of the
21 notice at the place where the vehicle is being held by the
22 salvor, upon payment of all towing and storage charges and
23 the fee authorized in section 7306 (relating to payment of
24 costs upon reclaiming vehicle).
25 (4) State that the failure of the owner or lienholder to
26 reclaim the vehicle is deemed consent by the owner to the
27 destruction, sale or other disposition of the abandoned
28 vehicle and of all lienholders to dissolution of their liens.
29 (c) Notice by publication.--If the identity of the last
30 registered owner and of all lienholders cannot be determined
19750H1817B3266 - 359 -
1 with reasonable certainty, the contents of the notice set forth
2 in subsection (b) shall be published one time in one newspaper
3 of general circulation in the area where the vehicle was
4 abandoned. The notice may contain multiple listings of abandoned
5 vehicles. Notice by publication locally shall be the
6 responsibility of the salvor. The notice shall have the same
7 effect as notice sent by certified mail.
8 § 7306. Payment of costs upon reclaiming vehicle.
9 In the event the owner or lienholder of an abandoned vehicle
10 reclaims the vehicle, the reclaiming party shall pay the costs
11 for towing and storage, plus a fee of $25 of which $10 shall be
12 transmitted to the department by the salvor.
13 § 7307. Authorization for disposal of unclaimed vehicles.
14 The department shall, after the expiration of 30 days from
15 the date of notice sent by certified mail to the registered
16 owner and all lienholders of record or 30 days after publication
17 of notice, where applicable, and upon receipt of a written
18 statement from the holder of the vehicle that the abandoned
19 vehicle has not been reclaimed by the owner or lienholder within
20 the 30-day period, authorize the disposal of the abandoned
21 vehicle in accordance with the provisions of this chapter.
22 § 7308. Public sale of unclaimed vehicles with value.
23 (a) General rule.--If an abandoned vehicle having value has
24 not been reclaimed as provided in this chapter, the vehicle
25 shall be sold at a public auction.
26 (b) Title of purchaser.--The salvor shall give the purchaser
27 a sales receipt and shall apply to the department for a title
28 which shall be free and clear of all previous liens and claims
29 of ownership.
30 (c) Disposition of proceeds.--From the proceeds of the sale
19750H1817B3266 - 360 -
1 of the abandoned vehicle, the salvor shall be reimbursed for the
2 costs of towing, storage, notice and publication costs and
3 expenses of auction. The remainder of the proceeds of a sale
4 shall be held for the owner of the vehicle or record lienholder
5 for 60 days from the date of sale and if not properly claimed
6 shall then be paid to the department and transmitted to the
7 State Treasurer for deposit in the Motor License Fund.
8 § 7309. Junking of vehicles valueless except for junk.
9 (a) Application for certificate of junk.--If an abandoned
10 vehicle is valueless except for junk, the salvor shall note that
11 fact in the report to the department required in section 7304
12 (relating to reports to department of possession of abandoned
13 vehicles) and shall apply for issuance of a certificate of junk
14 as provided for in section 1117 (relating to vehicle destroyed
15 or junked).
16 (b) Notice and issuance of certificate.--If the identity of
17 the last registered owner cannot be determined with reasonable
18 certainty and it is impossible to determine with reasonable
19 certainty the identity and addresses of any lienholder, no
20 notice shall be required. Under such circumstances, the
21 department shall upon receipt of the report by the salvor
22 pursuant to section 7304 issue a certificate of junk as provided
23 in section 1117.
24 (c) Reimbursement of expenses of salvor.--Upon receipt
25 within six months of evidence that a salvor has removed an
26 abandoned vehicle upon the request of a police department, the
27 department shall pay to the salvor from the Motor License Fund
28 the sum of $15 for the expenses incurred in the removal and
29 towing of the abandoned vehicle. No portion of $15 payment or
30 any separate consideration shall be reimbursed or paid to any
19750H1817B3266 - 361 -
1 government agency or municipality by the salvor.
2 (d) Rights of owners and lienholders.--Issuance by the
3 department of a certificate of junk for a vehicle junked under
4 this section shall operate as a divestiture of all right, title
5 and interest in the vehicle of the owner and all lienholders.
6 § 7310. Removal of vehicles and spilled cargo from roadway.
7 (a) General rule.--Police officers may remove or direct
8 removal of abandoned or wrecked vehicles and spilled cargo from
9 any roadway to the nearest point off the roadway where the
10 vehicle or spilled cargo will not interfere with or obstruct
11 traffic. Immediately following an accident, the wrecked vehicle
12 or spilled cargo shall be removed or directed to be removed from
13 the roadway by a police officer if the owner or operator cannot
14 remove the wrecked vehicle or refuses or fails to have the
15 vehicle removed within a reasonable time.
16 (b) Storage of cargo.--When, in the opinion of a police
17 officer, it is deemed necessary for the protection of the
18 contents or load of a wrecked vehicle or spilled cargo from the
19 elements, spoilage or theft, the police officer may remove or
20 direct to be removed and have stored at the expense of the owner
21 the contents or load or spilled cargo at the nearest practical
22 place of storage.
23 (c) Liability for damages.--In carrying out the provisions
24 of this section, no liability shall attach to the police officer
25 or, absent a showing of gross negligence, to any person acting
26 under the direction of the police officer for damage to a
27 vehicle or damage to or loss of any portion of the contents or
28 load or spilled cargo.
29 § 7311. Reports by garage keepers of abandoned vehicles.
30 The person in charge of any garage or repair shop in which a
19750H1817B3266 - 362 -
1 vehicle of unknown ownership has been left for a period of 15
2 consecutive days without being removed by the owner or any other
3 person duly authorized to remove the vehicle shall report to the
4 department within 24 hours of the expiration of the 15-day
5 period giving the make, engine number, vehicle identification
6 number, registration plate number and the name and address of
7 the person abandoning the vehicle if known. Upon receipt of the
8 report the department shall make a distinctive record of the
9 report and file the report in the manner provided in section
10 7114 (relating to records of stolen vehicles).
11 § 7312. Penalty for violation of chapter.
12 (a) Fines.--Any person violating any of the provisions of
13 this chapter for a first offense is guilty of a summary offense
14 punishable by a fine of not less than $100, and for a subsequent
15 offense is guilty of a misdemeanor of the third degree
16 punishable by a fine of not less than $500.
17 (b) Suspension.--For violation of any of the provisions of
18 this chapter, the salvor shall be subject to suspension of the
19 privilege to receive abandoned vehicles under this chapter.
20 CHAPTER 75
21 MESSENGER SERVICE
22 Sec.
23 7501. Authorization of messenger service.
24 7502. Certificate of authorization.
25 7503. Suspension of authorization.
26 7504. Place of business.
27 7505. Transaction of business with department.
28 7506. Violations and penalties.
29 § 7501. Authorization of messenger service.
30 (a) General rule.--The department shall authorize and shall
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1 issue a certificate of authorization to every messenger service
2 that complies with the requirements of this chapter and
3 regulations adopted by the department.
4 (b) Unauthorized operation prohibited.--No person shall
5 operate a messenger service unless authorized. FOR A FEE ACCEPT <--
6 APPLICATIONS TO BE PROCESSED BY THE DEPARTMENT UNLESS THE PERSON
7 HAS A CERTIFICATE OF AUTHORIZATION AND COMPLIES WITH THE
8 REQUIREMENTS OF THIS CHAPTER AND REGULATIONS ACCEPTED BY THE
9 DEPARTMENT.
10 (c) Penalty.--Any person operating a messenger service
11 without authorization is guilty of a summary offense and shall,
12 upon conviction, be sentenced to pay a fine of not less than
13 $200.
14 § 7502. Certificate of authorization.
15 (a) Application and issuance.--Application for a certificate
16 of authorization shall be made on a form prescribed by the
17 department, accompanied by the applicable fee. The department
18 shall investigate the qualifications and fitness of the
19 applicant and shall issue a certificate of authorization if it
20 determines that the applicant is capable of performing the
21 duties of a messenger service in a manner consistent with the
22 public interest and the applicable fees are paid.
23 (b) Place of business.--Every applicant shall have and
24 maintain an established place of business. If the applicant has
25 or intends to have one or more places of business or branch
26 offices, the application shall contain complete information for
27 each location.
28 (c) Bond required.--Before issuing a certificate of
29 authorization, the department shall require the applicant to
30 furnish and maintain a bond indemnifying the public and the
19750H1817B3266 - 364 -
1 department in the amount of $25,000. $50,000. An individual bond <--
2 for each place of business is not required, but all places of
3 business shall be covered by the bond.
4 (d) Commonwealth employees ineligible.--No official or
5 employee of the Commonwealth shall be given authorization to
6 operate as a messenger service, nor own, nor be employed by, a
7 messenger service.
8 (e) Duration and renewal.--Certificates of authorization
9 shall be given for a period of one year and may be renewed
10 annually.
11 § 7503. Suspension of authorization.
12 (a) General rule.--The department shall supervise messenger
13 services and, after providing an opportunity for a hearing,
14 shall suspend the authorization of any messenger service which
15 it finds is not properly operated or which has violated or
16 failed to comply with any of the provisions of this chapter or
17 regulations adopted by the department. Any suspended certificate
18 of authorization shall be returned to the department
19 immediately. A suspended certificate may be restored on such
20 terms and conditions, including the posting of additional bond,
21 as the department shall deem advisable.
22 (b) Judicial review.--Any person whose certificate of
23 authorization has been denied or suspended under this chapter
24 shall have the right to file a petition within 30 days
25 thereafter for a hearing on the matter in the court of common
26 pleas of the county in which the principal place of business of
27 the person is located. The court is hereby vested with
28 jurisdiction and it shall be its duty to set the matter for
29 hearing upon 30 days' written notice to the department and to
30 take testimony and examine into the facts of the case and to
19750H1817B3266 - 365 -
1 determine whether the petitioner is entitled to a certificate of
2 authorization or is subject to suspension of the certificate of
3 authorization under the provisions of this chapter.
4 § 7504. Place of business.
5 (a) Operation with other business.--A messenger service may
6 be operated in conjunction with a closely allied business in
7 accordance with regulations of the department.
8 (b) Change of location.--Upon notification in writing to the
9 department that the location of place of business or branch will
10 be changed and upon payment of the applicable transfer fee, the
11 department shall issue a certificate of authorization for the
12 new location for the unexpired period of authorization if the
13 department determines that the new location conforms to
14 department regulations.
15 (c) Failure to report change of location.--A change of
16 location or addition of a place of business or branch office
17 without notification to the department shall result in
18 suspension of the certificate of authorization.
19 (d) Display of sign and certificate.--Every messenger
20 service shall display on the outside of each place of business
21 an identifying sign conforming to regulations of the department
22 and shall prominently display within each place of business its
23 certificate of authorization. No person other than an authorized
24 messenger service shall display a similar identifying sign or
25 certificate.
26 § 7505. Transaction of business with department.
27 The department may designate those locations, facilities and <--
28 hours of operation at which messenger services may transact
29 business with the department. Every messenger service to whom a
30 certificate of authorization has been issued pursuant to this
19750H1817B3266 - 366 -
1 chapter shall be permitted to transact business with the
2 department at the locations and facilities and during the hours
3 of operation designated by the department. The department may
4 prescribe such regulations as may be necessary for the
5 administration of this chapter.
6 EVERY MESSENGER SERVICE TO WHOM A CERTIFICATE OF <--
7 AUTHORIZATION HAS BEEN ISSUED PURSUANT TO THIS CHAPTER SHALL BE
8 PERMITTED TO TRANSACT BUSINESS WITH THE DEPARTMENT AT ANY
9 LOCATIONS AND FACILITIES THAT SERVICE THE GENERAL PUBLIC. THE
10 APPLICATIONS FROM INDIVIDUAL APPLICANTS WHO USE A MESSENGER
11 SERVICE AS THEIR AGENT SHALL BE PROCESSED WITH THE SAME
12 PROMPTNESS AS THOSE APPLICANTS RECEIVED FROM THE INDIVIDUAL
13 APPLICANTS.
14 § 7506. Violations and penalties.
15 Any person violating any provision of this chapter or the
16 rules and regulations promulgated thereunder for which a
17 specific penalty is not provided is guilty of a summary offense
18 and shall, upon conviction, be sentenced to pay a fine of not
19 less than $100.
20 CHAPTER 77 <--
21 SNOWMOBILES
22 SUBCHAPTER
23 A. GENERAL PROVISIONS
24 B. REGISTRATION
25 C. OPERATION
26 D. EQUIPMENT
27 E. MISCELLANEOUS PROVISIONS
28 SUBCHAPTER A
29 GENERAL PROVISIONS
30 SEC.
19750H1817B3266 - 367 -
1 7701. SHORT TITLE OF CHAPTER.
2 7702. DEFINITIONS.
3 7703. APPLICABILITY OF CHAPTER.
4 7704. RULES AND REGULATIONS.
5 7705. DISPOSITION OF FINES AND PENALTIES.
6 7706. RESTRICTED RECEIPTS FUND.
7 § 7701. SHORT TITLE OF CHAPTER.
8 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE
9 "SNOWMOBILE LAW."
10 § 7702. DEFINITIONS.
11 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
12 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
13 MEANINGS GIVEN TO THEM IN THIS SECTION:
14 "COWLING." THE FORWARD PORTION OF THE SNOWMOBILE, USUALLY OF
15 FIBERGLASS OR SIMILAR MATERIAL, SURROUNDING THE MOTOR AND CLUTCH
16 ASSEMBLY.
17 "DEALER." A PERSON ENGAGED IN THE BUSINESS OF SELLING
18 SNOWMOBILES AT WHOLESALE OR RETAIL.
19 "DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL RESOURCES OF
20 THE COMMONWEALTH.
21 "HEAD LAMP." A MAJOR LIGHTING DEVICE USED TO PROVIDE GENERAL
22 ILLUMINATION AHEAD OF A VEHICLE.
23 "HIGHWAY." THE ENTIRE WIDTH BETWEEN THE BOUNDARY LINES OF
24 EVERY WAY PUBLICLY MAINTAINED WHEN ANY PART THEREOF IS OPEN TO
25 THE USE OF THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL.
26 "SNOWMOBILE." AN ENGINE-DRIVEN VEHICLE OF A TYPE WHICH
27 UTILIZES SLED TYPE RUNNERS, OR SKIS, OR AN ENDLESS BELT TREAD OR
28 ANY COMBINATION OF THESE OR OTHER SIMILAR MEANS OF CONTACT WITH
29 THE SURFACE UPON WHICH IT IS OPERATED. THE TERM DOES NOT INCLUDE
30 ANY FARM TRACTOR, HIGHWAY OR OTHER CONSTRUCTION EQUIPMENT, OR
19750H1817B3266 - 368 -
1 ANY MILITARY OR LAW ENFORCEMENT VEHICLE.
2 "STREET." A HIGHWAY, OTHER THAN AN ALLEY, WITHIN THE
3 CORPORATE LIMITS OF A POLITICAL SUBDIVISION.
4 "TAIL LAMP." A DEVICE TO DESIGNATE THE REAR OF A VEHICLE BY A
5 WARNING LIGHT.
6 § 7703. APPLICABILITY OF CHAPTER.
7 THIS CHAPTER DOES NOT APPLY TO LAW ENFORCEMENT OFFICERS WHILE
8 ENGAGED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
9 § 7704. RULES AND REGULATIONS.
10 THE DEPARTMENT MAY PROMULGATE SUCH RULES AND REGULATIONS AS
11 MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS CHAPTER.
12 § 7705. DISPOSITION OF FINES AND PENALTIES.
13 ON THE FIRST DAY OF EACH MONTH OR WITHIN TEN DAYS THEREAFTER,
14 ALL FINES AND PENALTIES COLLECTED FOR VIOLATIONS OF THIS CHAPTER
15 SHALL BE PAID OVER TO THE DEPARTMENT, ACCOMPANIED BY A STATEMENT
16 SETTING FORTH THE ACTION OR PROCEEDING IN WHICH THE MONEYS WERE
17 COLLECTED, THE NAME AND RESIDENCE OF THE DEFENDANT, THE NATURE
18 OF THE OFFENSE AND THE FINES AND PENALTIES IMPOSED.
19 § 7706. RESTRICTED RECEIPTS FUND.
20 (A) DEPOSIT AND USE OF MONEYS.--THE DEPARTMENT SHALL DEPOSIT
21 ALL MONEYS RECEIVED FROM THE REGISTRATION OF SNOWMOBILES, THE
22 SALE OF SNOWMOBILE REGISTRATION INFORMATION, SNOWMOBILE
23 PUBLICATIONS AND OTHER SERVICES PROVIDED BY THE DEPARTMENT, ALL
24 FINES AND PENALTIES RESULTING FROM VIOLATIONS OF THIS CHAPTER,
25 AND ALL FEES COLLECTED UNDER THIS CHAPTER IN A RESTRICTED
26 RECEIPTS FUND, FROM WHICH THE DEPARTMENT SHALL DRAW MONEYS FOR
27 USE IN CARRYING OUT THE REGISTRATION, SAFETY EDUCATION AND
28 ENFORCEMENT REQUIREMENTS OF THIS CHAPTER AS WELL AS THE
29 ESTABLISHMENT, CONSTRUCTION AND MAINTENANCE OF TRAILS AND ANY
30 EQUIPMENT AND SUPPLIES NECESSARY TO CARRY OUT THE PURPOSES OF
19750H1817B3266 - 369 -
1 THIS CHAPTER.
2 (B) AUDIT AND LAPSE OF MONEYS.--THE RESTRICTED RECEIPTS FUND
3 SHALL BE AUDITED EVERY TWO YEARS WITH ANY RESIDUE APPEARING IN
4 THE FUND AT THE END OF EACH AUDITING PERIOD TO BE DEPOSITED IN
5 THE GENERAL FUND.
6 SUBCHAPTER B
7 REGISTRATION
8 SEC.
9 7711. REGISTRATION OF DEALERS.
10 7712. REGISTRATION OF SNOWMOBILES.
11 7713. CERTIFICATES OF REGISTRATION AND DECALS.
12 7714. EXEMPTIONS FROM REGISTRATION.
13 7715. RECIPROCITY.
14 7716. CENTRAL REGISTRATION FILE.
15 § 7711. REGISTRATION OF DEALERS.
16 ANY PERSON WHO IS IN THE BUSINESS OF SELLING SNOWMOBILES
17 SHALL REGISTER AS A DEALER. THE DEPARTMENT, UPON RECEIPT OF
18 APPLICATION AND THE REQUIRED FEE, SHALL ASSIGN A DISTINGUISHING
19 DEALER REGISTRATION NUMBER TO THE REGISTRANT AND ISSUE
20 APPROPRIATE REGISTRATION CERTIFICATE TO HIM. DEALER
21 REGISTRATIONS ARE NOT TRANSFERABLE.
22 § 7712. REGISTRATION OF SNOWMOBILES.
23 (A) GENERAL RULE.--UPON APPLICATION THEREFOR UPON A FORM
24 PRESCRIBED AND FURNISHED BY THE DEPARTMENT WHICH SHALL CONTAIN A
25 FULL DESCRIPTION OF THE SNOWMOBILE, THE ACTUAL AND BONA FIDE
26 NAME AND ADDRESS OF THE OWNER, PROOF OF OWNERSHIP AND ANY OTHER
27 INFORMATION THE DEPARTMENT MAY REASONABLY REQUIRE, AND WHICH
28 SHALL BE ACCOMPANIED BY THE REQUIRE,D FEE, THE DEPARTMENT SHALL
29 ISSUE A CERTIFICATE OF REGISTRATION OF A SNOWMOBILE AND A DECAL
30 SHOWING THE EXPIRATION DATE TO THE OWNER.
19750H1817B3266 - 370 -
1 (B) TEMPORARY REGISTRATION.--TEMPORARY REGISTRATION FOR A
2 PERIOD NOT TO EXCEED 45 DAYS MAY BE ISSUED BY A REGISTERED
3 DEALER PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE
4 DEPARTMENT.
5 (C) FEES.--FEES FOR REGISTRATION OF SNOWMOBILES TO BE
6 COLLECTED BY THE DEPARTMENT UNDER THIS CHAPTER ARE AS FOLLOWS:
7 (1) EACH INDIVIDUAL RESIDENT REGISTRATION FOR TWO YEARS,
8 $10.
9 (2) EACH INDIVIDUAL NONRESIDENT REGISTRATION FOR TWO
10 YEARS, $10.
11 (3) EACH DEALER REGISTRATION FOR ONE YEAR, $25.
12 (4) REPLACEMENT OF A LOST, MUTILATED OR DESTROYED
13 CERTIFICATE OR DECAL, $1.
14 (D) EXEMPTIONS FROM FEES.--NO FEE IS REQUIRED FOR THE
15 REGISTRATION OF SNOWMOBILES OWNED BY:
16 (1) THE COMMONWEALTH.
17 (2) POLITICAL SUBDIVISIONS.
18 (3) VOLUNTEER ORGANIZATIONS AND USED EXCLUSIVELY FOR
19 EMERGENCY PURPOSES.
20 § 7713. CERTIFICATES OF REGISTRATION AND DECALS.
21 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
22 CHAPTER, IT IS UNLAWFUL TO OPERATE A SNOWMOBILE UNLESS A
23 CERTIFICATE OF REGISTRATION HAS BEEN ISSUED THEREFOR AND UNLESS
24 THERE IS DISPLAYED THEREON THE PERMANENT OR TEMPORARY
25 REGISTRATION NUMBER AND A VALID DECAL.
26 (B) REGISTRATION NUMBER REQUIREMENTS.--NUMBERS CORRESPONDING
27 TO THE PERMANENT REGISTRATION NUMBER OF THE SNOWMOBILE, SHOWN ON
28 THE CERTIFICATE OF REGISTRATION, SHALL BE OBTAINED BY THE
29 APPLICANT AND AFFIXED TO THE SNOWMOBILE. THE PERMANENT
30 REGISTRATION NUMBER DISPLAYED ON THE SNOWMOBILE SHALL BE OF A
19750H1817B3266 - 371 -
1 COLOR WHICH WILL CONTRAST WITH THE SURFACE TO WHICH APPLIED,
2 SHALL BE REFLECTIVE AND SHALL BE AT LEAST THREE INCHES HIGH.
3 (C) DISPLAY OF NUMBER AND DECAL.--THE DECAL AND THE
4 PERMANENT REGISTRATION NUMBER SHALL BE DISPLAYED ON BOTH SIDES
5 OF THE COWLING OF THE SNOWMOBILE FOR WHICH ISSUED. NO NUMBER
6 OTHER THAN THE NUMBER ASSIGNED TO A SNOWMOBILE BY THE DEPARTMENT
7 OR THE IDENTIFICATION NUMBER OF THE REGISTRATION IN ANOTHER
8 STATE SHALL BE ATTACHED TO OR DISPLAYED ON THE COWLING.
9 (D) EXPIRATION ON TRANSFER.--THE CERTIFICATE OF REGISTRATION
10 ISSUED FOR A SNOWMOBILE SHALL EXPIRE AND THE DECAL SHALL BECOME
11 INVALID WHEN TITLE TO THE SNOWMOBILE IS TRANSFERRED.
12 (E) SUSPENSION OR REVOCATION.--THE DEPARTMENT MAY SUSPEND OR
13 REVOKE THE CERTIFICATION OF REGISTRATION FOR A SNOWMOBILE UPON
14 CONVICTION OF THE OWNER OF ANY OFFENSE UNDER THIS CHAPTER.
15 § 7714. EXEMPTIONS FROM REGISTRATION.
16 NO CERTIFICATE OF REGISTRATION OR DECAL SHALL BE REQUIRED FOR
17 A SNOWMOBILE:
18 (1) OWNED AND USED BY THE UNITED STATES OR ANOTHER
19 STATE, OR A POLITICAL SUBDIVISION THEREOF, BUT SUCH
20 SNOWMOBILE SHALL DISPLAY THE NAME OF THE OWNER ON THE COWLING
21 THEREOF.
22 (2) COVERED BY A VALID REGISTRATION OR LICENSE OF
23 ANOTHER STATE, PROVINCE OR COUNTRY.
24 (3) OWNED AND OPERATED ON LANDS OWNED BY THE OWNER OR
25 OPERATOR OF THE SNOWMOBILE OR ON LANDS TO WHICH HE HAS A
26 CONTRACTUAL RIGHT OTHER THAN AS A MEMBER OF A CLUB OR
27 ASSOCIATION, PROVIDED THE SNOWMOBILE IS NOT OPERATED
28 ELSEWHERE WITHIN THIS COMMONWEALTH.
29 § 7715. RECIPROCITY.
30 THE PROVISIONS OF THIS CHAPTER RELATING TO CERTIFICATES OF
19750H1817B3266 - 372 -
1 REGISTRATION AND DECALS SHALL NOT APPLY TO NONRESIDENT OWNERS
2 WHO HAVE COMPLIED WITH THE REGISTRATION AND LICENSING LAWS OF
3 THE STATE, PROVINCE, DISTRICT OR COUNTRY OF RESIDENCE, PROVIDED
4 THAT THE SNOWMOBILE IS APPROPRIATELY IDENTIFIED IN ACCORDANCE
5 WITH THE LAWS OF THE STATE OF RESIDENCE.
6 § 7716. CENTRAL REGISTRATION FILE.
7 THE DEPARTMENT SHALL MAINTAIN A CENTRAL FILE OF THE
8 CERTIFICATE OF REGISTRATION NUMBER, NAME AND ADDRESS OF THE
9 OWNER OF EACH SNOWMOBILE FOR WHICH A CERTIFICATE OF REGISTRATION
10 IS ISSUED AND SUCH INFORMATION SHALL BE MADE AVAILABLE TO ALL
11 ENFORCEMENT AGENCIES.
12 SUBCHAPTER C
13 OPERATION
14 SEC.
15 7721. OPERATION ON STREETS AND HIGHWAYS.
16 7722. DESIGNATION OF SNOWMOBILE ROADS.
17 7723. SPECIAL SNOWMOBILE EVENTS.
18 7724. OPERATION ON PRIVATE OR STATE PROPERTY.
19 7725. OPERATION BY PERSONS UNDER AGE SIXTEEN.
20 7726. OPERATION IN SAFE MANNER.
21 7727. ADDITIONAL LIMITATIONS ON OPERATION.
22 7728. ACCIDENTS AND ACCIDENT REPORTS.
23 7729. LIABILITY OF OWNER FOR NEGLIGENCE.
24 § 7721. OPERATION ON STREETS AND HIGHWAYS.
25 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED IN THIS
26 CHAPTER, IT IS UNLAWFUL TO OPERATE A SNOWMOBILE ON ANY STREET OR
27 HIGHWAY WHICH IS NOT DESIGNATED AND POSTED AS A SNOWMOBILE ROAD
28 BY THE GOVERNMENTAL AGENCY HAVING JURISDICTION.
29 (B) EMERGENCY AND BRIDGE CROSSINGS.--A SNOWMOBILE MAY BE
30 OPERATED ON HIGHWAYS AND STREETS:
19750H1817B3266 - 373 -
1 (1) DURING PERIODS OF EMERGENCY WHEN SO DECLARED BY A
2 POLICY AGENCY HAVING JURISDICTION.
3 (2) WHEN NECESSARY TO CROSS A BRIDGE OR CULVERT.
4 (C) CROSSING STREET OR HIGHWAY.--A SNOWMOBILE MAY MAKE A
5 DIRECT CROSSING OF A STREET OR TWO-LANE HIGHWAY UPON COMPLIANCE
6 WITH THE FOLLOWING REQUIREMENTS:
7 (1) THE CROSSING IS MADE AT AN ANGLE OF APPROXIMATELY 90
8 DEGREES TO THE DIRECTION OF THE HIGHWAY AND AT A PLACE WHERE
9 NO OBSTRUCTION PREVENTS A QUICK AND SAFE CROSSING.
10 (2) THE SNOWMOBILE IS BROUGHT TO A COMPLETE STOP BEFORE
11 CROSSING THE SHOULDER OR MAIN TRAVELED WAY OF THE HIGHWAY.
12 (3) THE DRIVER YIELDS THE RIGHT-OF-WAY TO ALL ONCOMING
13 TRAFFIC WHICH CONSTITUTES AN IMMEDIATE HAZARD.
14 (4) IN CROSSING A DIVIDED HIGHWAY, THE CROSSING IS MADE
15 ONLY AT AN INTERSECTION OF SUCH HIGHWAY WITH ANOTHER PUBLIC
16 STREET OR HIGHWAY.
17 § 7722. DESIGNATION OF SNOWMOBILE ROADS.
18 (A) GENERAL RULE.--THE DEPARTMENT OF TRANSPORTATION ON
19 STATE-DESIGNATED HIGHWAYS AND LOCAL AUTHORITIES ON ANY HIGHWAY,
20 ROAD OR STREET WITHIN ITS JURISDICTION MAY DESIGNATE ANY
21 HIGHWAY, ROAD OR STREET WITHIN ITS JURISDICTION AS A SNOWMOBILE
22 ROAD AND MAY, IN ITS DISCRETION, DETERMINE WHETHER SUCH ROAD
23 SHALL BE CLOSED TO VEHICULAR TRAFFIC OR WHETHER SNOWMOBILES MAY
24 SHARE THIS DESIGNATED ROAD WITH VEHICULAR TRAFFIC.
25 (B) POSTING NOTICES.--ADEQUATE NOTICES OF SUCH DESIGNATION
26 AND DETERMINATION SHALL BE SUFFICIENTLY AND PROMINENTLY
27 DISPLAYED.
28 § 7723. SPECIAL SNOWMOBILE EVENTS.
29 (A) GENERAL RULE.--SNOWMOBILES MAY BE OPERATED ON HIGHWAYS
30 AND STREETS FOR SPECIAL SNOWMOBILE EVENTS OF LIMITED DURATION
19750H1817B3266 - 374 -
1 WHICH ARE CONDUCTED ACCORDING TO A PREARRANGED SCHEDULE UNDER
2 PERMIT FROM THE GOVERNMENTAL AGENCY HAVING JURISDICTION.
3 (B) AUTHORITY OF LOCAL AUTHORITIES.--A LOCAL AUTHORITY MAY
4 BLOCK OFF HIGHWAYS AND STREETS WITHIN ITS JURISDICTION FOR THE
5 PURPOSE OF ALLOWING SNOWMOBILE RACES, RALLIES OR DERBIES. NO
6 STATE TRUNK HIGHWAY OR CONNECTING STREET, OR PART THEREOF, SHALL
7 BE BLOCKED OFF BY ANY LOCAL AUTHORITY FOR ANY SNOWMOBILE RACE,
8 RALLY OR DERBY.
9 (C) NOTIFICATION AND DUTY OF POLICE.--A LOCAL AUTHORITY
10 SHALL NOTIFY THE LOCAL POLICE DEPARTMENT AND THE COUNTY
11 SHERIFF'S OFFICE AT LEAST ONE WEEK IN ADVANCE OF THE TIME AND
12 PLACE OF ANY SNOWMOBILE RACE, RALLY OR DERBY WHICH MAY RESULT IN
13 ANY HIGHWAY OR STREET, OR PART THEREOF, BEING BLOCKED OFF. UPON
14 SUCH NOTICE, THE LOCAL POLICE DEPARTMENT SHALL TAKE SUCH
15 MEASURES AS IT DEEMS APPROPRIATE TO PROTECT PERSONS AND PROPERTY
16 AND TO REGULATE TRAFFIC IN THE DESIGNATED AREA AND ITS VICINITY
17 ON THE DAY OF SUCH RACE, RALLY OR DERBY.
18 (D) LIABILITY OF LOCAL AUTHORITIES.--A LOCAL AUTHORITY SHALL
19 NOT BE RESPONSIBLE FOR ANY INJURY SUFFERED BY ANYONE IN
20 CONNECTION WITH, OR ARISING OUT OF, ANY SNOWMOBILE RACE, RALLY
21 OR DERBY UNLESS THE INJURY IS CAUSED BY THE NEGLIGENCE OF THE
22 LOCAL AUTHORITY.
23 § 7724. OPERATION ON PRIVATE OR STATE PROPERTY.
24 (A) PRIVATE PROPERTY.--NO PERSON SHALL OPERATE A SNOWMOBILE
25 ON PRIVATE PROPERTY WITHOUT THE CONSENT OF THE OWNER OF OR
26 LESSOR THEREOF. ANY PERSON OPERATING A SNOWMOBILE UPON LANDS OF
27 ANOTHER SHALL STOP AND IDENTIFY HIMSELF UPON THE REQUEST OF THE
28 LANDOWNER OR HIS DULY AUTHORIZED REPRESENTATIVES AND, IF
29 REQUESTED TO DO SO BY THE LANDOWNER, SHALL PROMPTLY REMOVE THE
30 SNOWMOBILE FROM THE PREMISES.
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1 (B) STATE PROPERTY.--NO PERSON SHALL OPERATE A SNOWMOBILE ON
2 STATE-OWNED PROPERTY EXCEPT ON CLEARLY MARKED AND PREVIOUSLY
3 DESIGNATED SNOWMOBILE ROUTES. THE DEPARTMENT MAY DESIGNATE ANY
4 ROAD WITHIN A STATE PARK OR STATE FOREST OVER WHICH THE
5 DEPARTMENT HAS JURISDICTION AS A SNOWMOBILE ROAD AND MAY, IN ITS
6 DISCRETION, DETERMINE WHETHER THE ROAD SHALL BE CLOSED TO
7 VEHICULAR TRAFFIC OR WHETHER SNOWMOBILES MAY SHARE THE
8 DESIGNATED ROAD WITH VEHICULAR TRAFFIC. ADEQUATE NOTICES OF SUCH
9 DESIGNATION AND DETERMINATION SHALL BE SUFFICIENTLY AND
10 PROMINENTLY DISPLAYED.
11 § 7725. OPERATION BY PERSONS UNDER AGE SIXTEEN.
12 (A) SNOWMOBILE SAFETY CERTIFICATION.--EXCEPT AS OTHERWISE
13 PROVIDED IN THIS SECTION, NO PERSON TEN YEARS OF AGE AND OVER
14 WHO HAS NOT REACHED 16 YEARS OF AGE SHALL OPERATE A SNOWMOBILE
15 IN THIS COMMONWEALTH, EXCEPT UPON LANDS OF HIS PARENT OR
16 GUARDIAN, UNLESS AND UNTIL HE HAS RECEIVED SAFETY TRAINING AS
17 PRESCRIBED BY THE DEPARTMENT AND HAS RECEIVED THE APPROPRIATE
18 SNOWMOBILE SAFETY CERTIFICATE ISSUED BY THE DEPARTMENT. THE
19 DEPARTMENT MAY AUTHORIZE SANCTIONED SNOWMOBILE CLUBS TO ACT AS
20 AGENTS IN CONDUCTING CLASSES AND EXAMINATIONS AND ISSUING
21 SNOWMOBILE SAFETY CERTIFICATES IN THE NAME OF THE DEPARTMENT.
22 (B) FAILURE TO EXHIBIT CERTIFICATE.--THE FAILURE OF AN
23 OPERATOR TO EXHIBIT A SNOWMOBILE SAFETY CERTIFICATE UPON DEMAND
24 TO ANY POLICE OFFICER HAVING AUTHORITY TO ENFORCE THE PROVISIONS
25 OF THIS CHAPTER SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH PERSON
26 IS NOT THE HOLDER OF SUCH CERTIFICATE.
27 (C) PERMITTING UNAUTHORIZED OPERATION.--NO OWNER OF A
28 SNOWMOBILE SHALL AUTHORIZE OR PERMIT THE OPERATION THEREOF
29 WITHIN THIS COMMONWEALTH BY ANY PERSON UNDER THE AGE OF 16 YEARS
30 UNLESS THE OPERATOR IS THE HOLDER OF A VALID SNOWMOBILE SAFETY
19750H1817B3266 - 376 -
1 CERTIFICATE OR EXCEPT AS AUTHORIZED BY SUBSECTION (A).
2 (D) LIMITATIONS ON OPERATION.--NO PERSON:
3 (1) UNDER THE AGE OF 16 YEARS SHALL DRIVE A SNOWMOBILE
4 ACROSS ANY HIGHWAY OR CONNECTING STREET THERETO.
5 (2) UNDER THE AGE OF TEN YEARS SHALL OPERATE A
6 SNOWMOBILE WITHOUT THE KNOWLEDGE AND EXPRESS CONSENT OF THE
7 LANDOWNER UNLESS HE IS ACCOMPANIED BY A PERSON OVER 18 YEARS
8 OF AGE OR A PERSON OVER 14 YEARS OF AGE WHO HOLDS A
9 SNOWMOBILE SAFETY CERTIFICATE.
10 § 7726. OPERATION IN SAFE MANNER.
11 (A) GENERAL RULE.--NO PERSON SHALL OPERATE A SNOWMOBILE IN
12 ANY OF THE FOLLOWING WAYS:
13 (1) AT A RATE OF SPEED THAT IS UNREASONABLE OR IMPROPER
14 UNDER EXISTING CONDITIONS.
15 (2) IN ANY CARELESS WAY SO AS TO ENDANGER THE PERSON OR
16 PROPERTY OF ANOTHER.
17 (3) WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANY
18 CONTROLLED SUBSTANCE.
19 (B) PERMITTING UNSAFE OPERATION.--NO OWNER OR OTHER PERSON
20 HAVING CHARGE OR CONTROL OF A SNOWMOBILE SHALL KNOWINGLY
21 AUTHORIZE OR PERMIT THE OPERATION OF THE SNOWMOBILE BY ANY
22 PERSON WHO IS INCAPABLE TO DO SO BY REASON OF AGE, PHYSICAL OR
23 MENTAL DISABILITY, OR WHO IS UNDER THE INFLUENCE OF ALCOHOL OR
24 ANY CONTROLLED SUBSTANCE.
25 § 7727. ADDITIONAL LIMITATIONS ON OPERATION.
26 EXCEPT AS OTHERWISE PERMITTED UNDER THE ACT OF JUNE 3, 1937
27 (P.L.1225, NO.316), KNOWN AS "THE GAME LAW," NO PERSON SHALL:
28 (1) OPERATE OR RIDE IN ANY SNOWMOBILE WITH ANY BOW AND
29 ARROWS OR WITH ANY FIREARM IN HIS POSSESSION UNLESS IT IS
30 UNLOADED.
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1 (2) DRIVE OR PURSUE ANY WILDLIFE WITH A SNOWMOBILE.
2 § 7728. ACCIDENTS AND ACCIDENT REPORTS.
3 (A) DUTY TO STOP AND PROVIDE INFORMATION.--WHENEVER ANY
4 SNOWMOBILE IS INVOLVED IN AN ACCIDENT RESULTING IN LOSS OF LIFE,
5 PERSONAL INJURY OR DAMAGE TO PROPERTY AND THE OPERATOR THEREOF
6 HAS KNOWLEDGE OF SUCH ACCIDENT, HE SHALL STOP AND GIVE HIS NAME
7 AND ADDRESS, THE NAME AND ADDRESS OF THE OWNER THEREOF AND THE
8 REGISTRATION NUMBER OF THE SNOWMOBILE TO THE INJURED PERSON OR
9 THE PERSON SUSTAINING THE DAMAGE OR TO A POLICE OFFICER. IN CASE
10 NO POLICE OFFICER NOR THE PERSON SUSTAINING THE DAMAGE IS
11 PRESENT AT THE PLACE WHERE THE DAMAGE OCCURRED, THEN THE
12 OPERATOR SHALL IMMEDIATELY REPORT, AS SOON AS HE IS PHYSICALLY
13 ABLE, THE ACCIDENT TO THE NEAREST LAW ENFORCEMENT AGENCY.
14 (B) REPORT OF ACCIDENT TO DEPARTMENT.--THE OPERATOR OF ANY
15 SNOWMOBILE INVOLVED IN ANY ACCIDENT RESULTING IN INJURIES TO OR
16 DEATH OF ANY PERSON OR RESULTING IN PROPERTY DAMAGE TO THE
17 ESTIMATED AMOUNT OF $100 OR MORE SHALL, WITHIN SEVEN DAYS AFTER
18 SUCH ACCIDENT, REPORT THE MATTER IN WRITING TO THE DEPARTMENT.
19 IF THE OPERATOR IS PHYSICALLY INCAPABLE OF MAKING THE REPORT AND
20 THERE IS ANOTHER PARTICIPANT IN THE ACCIDENT NOT SO
21 INCAPACITATED, THE PARTICIPANT SHALL MAKE THE REPORT WITHIN THE
22 PRESCRIBED PERIOD OF TIME AFTER THE ACCIDENT. IN THE EVENT THAT
23 THERE IS NO OTHER PARTICIPANT AND THE OPERATOR IS OTHER THAN THE
24 OWNER, THEN THE OWNER SHALL WITHIN THE PRESCRIBED PERIOD OF
25 TIME, AFTER LEARNING OF THE FACTS OF SUCH ACCIDENT, REPORT THE
26 MATTER TO THE DEPARTMENT, TOGETHER WITH SUCH INFORMATION AS MAY
27 HAVE COME TO HIS KNOWLEDGE RELATING TO SUCH ACCIDENT. EVERY
28 OPERATOR OR OWNER OF A SNOWMOBILE IN AN ACCIDENT, OR SURVIVING
29 PARTICIPANT OF ANY SUCH ACCIDENT, SHALL MAKE SUCH OTHER AND
30 ADDITIONAL REPORTS AS THE DEPARTMENT SHALL REQUIRE.
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1 (C) REPORT BY LAW ENFORCEMENT OFFICER.--A LAW ENFORCEMENT
2 OFFICER WHO INVESTIGATES OR RECEIVES INFORMATION OF AN ACCIDENT
3 INVOLVING A SNOWMOBILE SHALL MAKE A WRITTEN REPORT OF THE
4 INVESTIGATION OR INFORMATION RECEIVED, AND SUCH ADDITIONAL FACTS
5 RELATING TO THE ACCIDENT AS MAY COME TO HIS KNOWLEDGE, AND MAIL
6 THE SAME WITHIN 48 HOURS TO THE DEPARTMENT AND KEEP A RECORD
7 THEREOF IN HIS OFFICE.
8 (D) EXCEPTION.--THIS SECTION DOES NOT APPLY WHEN PROPERTY
9 DAMAGE IS SUSTAINED IN SANCTIONED SNOWMOBILE RACES, DERBIES AND
10 RALLIES.
11 § 7729. LIABILITY OF OWNER FOR NEGLIGENCE.
12 (A) GENERAL RULE.--NEGLIGENCE IN THE USE OR OPERATION OF A
13 SNOWMOBILE IS ATTRIBUTABLE TO THE OWNER. EVERY OWNER OF A
14 SNOWMOBILE USED OR OPERATED IN THIS COMMONWEALTH SHALL BE LIABLE
15 AND RESPONSIBLE FOR DEATH OR INJURY TO PERSON OR DAMAGE TO
16 PROPERTY RESULTING FROM NEGLIGENCE IN THE USE OR OPERATION OF
17 SUCH SNOWMOBILE BY ANY PERSON USING OR OPERATING THE SNOWMOBILE
18 WITH THE PERMISSION, EXPRESS OR IMPLIED, OF SUCH OWNER.
19 (B) EXCEPTION.--THE NEGLIGENCE OF THE OPERATOR SHALL NOT BE
20 ATTRIBUTED TO THE OWNER AS TO ANY CLAIM OR CAUSE OF ACTION
21 ACCRUING TO THE OPERATOR OR HIS LEGAL REPRESENTATIVE FOR SUCH
22 INJURIES OR DEATH.
23 SUBCHAPTER D
24 EQUIPMENT
25 SEC.
26 7741. HEAD LAMPS AND TAIL LAMPS.
27 7742. BRAKES.
28 7743. MUFFLERS AND NOISE CONTROL.
29 § 7741. HEAD LAMPS AND TAIL LAMPS.
30 (A) TIME OF OPERATION.--EVERY SNOWMOBILE OPERATED DURING
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1 HOURS OF DARKNESS SHALL DISPLAY A LIGHTED HEAD LAMP AND TAIL
2 LAMP. THE LIGHTS SHALL BE IN OPERATION DURING THE PERIOD OF FROM
3 ONE-HALF HOUR AFTER SUNSET TO ONE-HALF HOUR BEFORE SUNRISE AND
4 AT ANY TIME WHEN, DUE TO INSUFFICIENT LIGHT OR UNFAVORABLE
5 ATMOSPHERIC CONDITIONS CAUSED BY FOG OR OTHERWISE, OTHER
6 PERSONS, VEHICLES AND OTHER OBJECTS ARE NOT CLEARLY DISCERNIBLE
7 FOR A DISTANCE OF 500 FEET AHEAD.
8 (B) HEAD LAMP REQUIREMENTS.--THE HEAD LAMP SHALL DISPLAY
9 WHITE LIGHT OF SUFFICIENT ILLUMINATING POWER TO REVEAL ANY
10 PERSON, VEHICLE OR SUBSTANTIAL OBJECT AT A DISTANCE OF 100 FEET
11 AHEAD.
12 (1) IF THE SNOWMOBILE IS EQUIPPED WITH A MULTIPLE BEAM
13 HEAD LAMP, THE UPPER BEAM SHALL MEET THE MINIMUM REQUIREMENTS
14 SET FORTH IN THIS SECTION AND THE LOWERMOST BEAM SHALL BE SO
15 AIMED AND OF SUFFICIENT INTENSITY TO REVEAL PERSONS AND
16 VEHICLES AT A DISTANCE OF AT LEAST 50 FEET AHEAD.
17 (2) IF THE SNOWMOBILE IS EQUIPPED WITH A SINGLE BEAM
18 HEAD LAMP, THE LAMP SHALL BE SO AIMED THAT WHEN THE VEHICLE
19 IS LOADED NONE OF THE HIGH INTENSITY PORTION OF THE LIGHT, AT
20 A DISTANCE OF 75 FEET AHEAD, PROJECTS HIGHER THAN THE LEVEL
21 OF THE CENTER OF THE LAMP FROM WHICH IT COMES.
22 (C) TAIL LAMP REQUIREMENTS.--THE TAIL LAMP SHALL DISPLAY A
23 RED LIGHT PLAINLY VISIBLE DURING DARKNESS FROM A DISTANCE OF 500
24 FEET.
25 § 7742. BRAKES.
26 IT IS UNLAWFUL TO OPERATE A SNOWMOBILE WHICH IS NOT EQUIPPED
27 WITH AT LEAST ONE BRAKE OF A DESIGN APPROVED BY THE DEPARTMENT
28 OPERATED EITHER BY HAND OR BY FOOT, CAPABLE OF BRINGING THE
29 SNOWMOBILE TO A STOP, UNDER NORMAL CONDITIONS, WITHIN 40 FEET
30 WHEN TRAVELING AT A SPEED OF 20 MILES PER HOUR WITH A 150 POUND
19750H1817B3266 - 380 -
1 DRIVER AND ON HARD PACKED SNOW, OR LOCKING ITS TRACTION BELT OR
2 BELTS. THE DESIGN SHALL PERMIT SIMPLE AND EASY ADJUSTMENT TO
3 COMPENSATE FOR WEAR.
4 § 7743. MUFFLERS AND NOISE CONTROL.
5 (A) GENERAL RULE.--IT IS UNLAWFUL TO OPERATE A SNOWMOBILE
6 WHICH IS NOT EQUIPPED AT ALL TIMES WITH A MUFFLER IN GOOD
7 WORKING ORDER WHICH BLENDS THE EXHAUST NOISE INTO THE OVERALL
8 SNOWMOBILE NOISE AND IS IN CONSTANT OPERATION TO PREVENT
9 EXCESSIVE OR UNUSUAL NOISE. THE EXHAUST SYSTEM SHALL NOT EMIT OR
10 PRODUCE A SHARP POPPING OR CRACKLING SOUND. THE SOUND INTENSITY
11 PRODUCED BY A SNOWMOBILE SHALL NOT EXCEED 82DBA WHEN MEASURED IN
12 ACCORDANCE WITH SAE RECOMMENDED PRACTICE J 192 EXTERIOR SOUND
13 LEVEL FOR SNOWMOBILES, AS AMENDED. THE DEPARTMENT MAY BY
14 REGULATION ADOPT MORE STRINGENT NOISE REQUIREMENTS.
15 (B) MODIFIED MUFFLERS PROHIBITED.--IT IS UNLAWFUL TO MODIFY
16 A MUFFLER OR TO OPERATE A SNOWMOBILE WITH A MODIFIED MUFFLER.
17 (C) EXCEPTION.--THIS SECTION DOES NOT APPLY TO ORGANIZED
18 RACES OR SIMILAR COMPETITIVE EVENTS.
19 SUBCHAPTER E
20 MISCELLANEOUS PROVISIONS
21 SEC.
22 7751. ENFORCEMENT PERSONNEL AND PROCEDURES.
23 7752. PENALTIES FOR VIOLATION OF CHAPTER.
24 7753. ACTIONS FOR COLLECTION OF PENALTIES.
25 § 7751. ENFORCEMENT PERSONNEL AND PROCEDURES.
26 (A) DUTY OF ENFORCEMENT.--EVERY LAW ENFORCEMENT OFFICER IN
27 THIS COMMONWEALTH AND DESIGNATED OFFICERS AND EMPLOYEES OF THE
28 DEPARTMENT SHALL ENFORCE THE PROVISIONS OF THIS CHAPTER.
29 (B) FORMS AND PROCEDURES.--THE DEPARTMENT MAY PRESCRIBE THE
30 FORM OF SUMMONS OR COMPLAINT, OR BOTH, IN ALL CASES INVOLVING A
19750H1817B3266 - 381 -
1 VIOLATION OF ANY PROVISION OF THIS CHAPTER OR OF ANY ORDINANCE,
2 RULE OR REGULATION RELATING TO SNOWMOBILES, OR OF ANY CLASS OR
3 CATEGORY OF SUCH CASES, AND MAY ESTABLISH PROCEDURES FOR PROPER
4 ADMINISTRATIVE CONTROLS OVER THE DISPOSITION THEREOF.
5 (C) RECORDS AND REPORTS.--THE CHIEF EXECUTIVE OFFICER OF
6 EACH LOCAL POLICE FORCE, SHERIFFS AND THE COMMISSIONER OF THE
7 PENNSYLVANIA STATE POLICE SHALL PREPARE OR CAUSE TO BE PREPARED
8 SUCH RECORDS AND REPORTS AS MAY BE PRESCRIBED UNDER THIS
9 SECTION.
10 (D) RULES AND REGULATIONS.--THE DEPARTMENT MAY PROMULGATE
11 SUCH RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY TO
12 ACCOMPLISH THE PURPOSES AND ENFORCE THE PROVISIONS OF THIS
13 SECTION INCLUDING REQUIREMENTS FOR REPORTING BY TRIAL COURTS
14 HAVING JURISDICTION OVER SNOWMOBILE VIOLATIONS.
15 § 7752. PENALTIES FOR VIOLATION OF CHAPTER.
16 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), ANY
17 PERSON VIOLATING ANY OF THE PROVISIONS OF THIS CHAPTER IS GUILTY
18 OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION:
19 (1) FOR A FIRST OFFENSE, BE SENTENCED TO PAY A FINE OF
20 NOT LESS THAN $10 NOR MORE THAN $50 AND COSTS OF PROSECUTION
21 AND, IN DEFAULT OF THE PAYMENT THEREOF, SHALL UNDERGO
22 IMPRISONMENT FOR NOT MORE THAN TEN DAYS.
23 (2) FOR A SECOND OFFENSE, BE SENTENCED TO PAY A FINE OF
24 NOT LESS THAN $25 NOR MORE THAN $100 AND COSTS OF PROSECUTION
25 AND, IN DEFAULT OF THE PAYMENT THEREOF, SHALL UNDERGO
26 IMPRISONMENT FOR NOT MORE THAN 30 DAYS.
27 (B) UNAUTHORIZED DISPOSITION OF FORMS.--ANY PERSON WHO
28 DISPOSES OF ANY UNIFORM SNOWMOBILE SUMMONS OR COMPLAINT IN ANY
29 OTHER MANNER THAN THAT PRESCRIBED BY LAW, RULE OR REGULATION IS
30 GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE.
19750H1817B3266 - 382 -
1 § 7753. ACTIONS FOR COLLECTION OF PENALTIES.
2 (A) GENERAL RULE.--AN ACTION TO RECOVER ANY PENALTY IMPOSED
3 UNDER THE PROVISIONS OF THIS CHAPTER MAY BE BROUGHT IN ANY COURT
4 OF COMPETENT JURISDICTION IN THIS COMMONWEALTH ON ORDER OF THE
5 DEPARTMENT AND IN THE NAME OF THE COMMONWEALTH. IN ANY SUCH
6 ACTION ALL PENALTIES INCURRED UP TO THE TIME OF COMMENCING THE
7 ACTION MAY BE SUED FOR AND RECOVERED THEREIN AND THE
8 COMMENCEMENT OF AN ACTION TO RECOVER ANY SUCH PENALTY SHALL NOT
9 BE, OR BE HELD TO BE, A WAIVER OF THE RIGHT TO RECOVER ANY OTHER
10 PENALTY. IN CASE OF RECOVERY OF ANY AMOUNT IN AN ACTION BROUGHT
11 TO RECOVER ANY SUCH PENALTY THE COMMONWEALTH SHALL BE ENTITLED
12 TO RECOVER FULL COSTS AND AT THE RATES PROVIDED FOR CIVIL
13 ACTIONS.
14 (B) DUTY AND LIABILITY OF WITNESSES.--NO PERSON SHALL BE
15 EXCUSED FROM TESTIFYING OR PRODUCING ANY BOOKS, PAPERS OR OTHER
16 DOCUMENTS IN ANY CIVIL ACTION TO RECOVER ANY SUCH PENALTY, UPON
17 THE GROUND THAT HIS TESTIMONY MIGHT TEND TO CONVICT HIM OF AN
18 OFFENSE OR SUBJECT HIM TO A PENALTY OR FORFEITURE. NO PERSON
19 SHALL BE PROSECUTED, PUNISHED OR SUBJECTED TO ANY PENALTY OF
20 FORFEITURE FOR OR ON ACCOUNT OF ANY SUCH ACT, TRANSACTION,
21 MATTER OR THING CONCERNING WHICH HE SHALL, UNDER OATH, HAVE
22 TESTIFIED OR PRODUCED DOCUMENTARY EVIDENCE AND NO TESTIMONY SO
23 GIVEN OR PRODUCED SHALL BE RECEIVED AGAINST HIM UPON ANY
24 CRIMINAL INVESTIGATION OR PROCEEDING. NO PERSON SO TESTIFYING
25 SHALL BE EXEMPT FROM PROSECUTION OR PUNISHMENT FOR ANY PERJURY
26 COMMITTED BY HIM IN HIS TESTIMONY. THIS SUBSECTION IS NOT
27 INTENDED TO GIVE, AND SHALL NOT BE CONSTRUED AS IN ANY MANNER
28 GIVING, UNTO ANY CORPORATION IMMUNITY OF ANY KIND.
29 (C) PLEA OF GUILTY.--A DEFENDANT CHARGED WITH A VIOLATION OF
30 ANY PROVISION OF THIS CHAPTER MAY HIMSELF PLEAD GUILTY TO THE
19750H1817B3266 - 383 -
1 CHARGE IN OPEN COURT. HE MAY ALSO SUBMIT TO THE JUDGE HAVING
2 JURISDICTION, IN PERSON, BY DULY AUTHORIZED AGENT, OR BY
3 REGISTERED MAIL, A STATEMENT SETTING FORTH THE FOLLOWING:
4 (1) THAT HE WAIVES ARRAIGNMENT IN OPEN COURT AND THE AID
5 OF COUNSEL.
6 (2) THAT HE PLEADS GUILTY TO THE OFFENSE AS CHARGED.
7 (3) THAT HE ELECTS AND REQUESTS THAT THE CHARGE BE
8 DISPOSED OF AND THE FINE OR PENALTY FIXED BY THE COURT.
9 (4) ANY EXPLANATION THAT HE DESIRES TO MAKE CONCERNING
10 THE OFFENSE CHARGED.
11 (5) THAT HE MAKES ALL STATEMENTS UNDER PENALTY OF
12 PERJURY.
13 THEREUPON THE JUDGE MAY PROCEED AS THOUGH THE DEFENDANT HAD BEEN
14 CONVICTED UPON A PLEA OF GUILTY IN OPEN COURT. ANY IMPOSITION OF
15 FINE OR PENALTY UNDER THIS SECTION SHALL BE DEEMED TENTATIVE
16 UNTIL THE FINE OR PENALTY HAS BEEN PAID AND DISCHARGED IN FULL.
17 IF, UPON RECEIPT OF THE AFORESAID STATEMENT, THE JUDGE SHALL
18 DENY THE SAME, HE SHALL THEREUPON NOTIFY THE DEFENDANT OF THIS
19 FACT AND THAT HE IS REQUIRED TO APPEAR BEFORE THE SAID JUDGE AT
20 A STATED TIME AND PLACE TO ANSWER THE CHARGE WHICH SHALL
21 THEREAFTER BE DISPOSED OF PURSUANT TO THE APPLICABLE PROVISIONS
22 OF LAW.
23 (D) STATEMENT OF DISPOSITION OF CASE.--THE COURT OR JUSTICE
24 OF THE PEACE BEFORE WHOM ANY PERSON SHALL BE TRIED, OR THE CLERK
25 OF THE COURT, SHALL, AT THE TERMINATION OF THE TRIAL OR
26 PROCEEDING, FORTHWITH MAIL OR DELIVER TO THE DEPARTMENT AT
27 HARRISBURG A CERTIFIED STATEMENT OF THE DISPOSITION OF THE CASE
28 OR PROCEEDING GIVING THE DATE THEREOF, THE NAME OF THE
29 DEFENDANT, THE DATE AND PLACE OF THE VIOLATION, THE NAME OF EACH
30 WITNESS SWORN IN SUPPORT OF THE CHARGES AND THE AMOUNT OF THE
19750H1817B3266 - 384 -
1 FINE OR PENALTY PAID.
2 (E) SECTION NOT EXCLUSIVE.--THIS SECTION DOES NOT PROHIBIT
3 THE PROSECUTION OF VIOLATIONS OF THIS CHAPTER IN ANY COURT OF
4 COMPETENT JURISDICTION IN THE SAME MANNER AS OTHER OFFENSES.
5 CHAPTER 81
6 INTERSTATE COMPACTS AND AGREEMENTS
7 SUBCHAPTER
8 A. BUS TAXATION PRORATION AGREEMENT
9 B. VEHICLE EQUIPMENT SAFETY COMPACT
10 SUBCHAPTER A
11 BUS TAXATION PRORATION AGREEMENT
12 SEC.
13 8101. BUS TAXATION PRORATION AGREEMENT ENACTED.
14 8102. SECRETARY OF TRANSPORTATION TO BE ADMINISTRATOR.
15 8103. EXEMPTIONS FROM AGREEMENT AND CHANGES IN REPORTING.
16 8104. GOVERNOR TO GIVE NOTICE OF WITHDRAWAL FROM AGREEMENT.
17 8105. APPLICABILITY OF OTHER PROVISIONS OF TITLE.
18 § 8101. BUS TAXATION PRORATION AGREEMENT ENACTED.
19 THE BUS TAXATION PRORATION AGREEMENT IS HEREBY ENACTED INTO
20 LAW AND ENTERED INTO WITH ALL JURISDICTIONS LEGALLY JOINING
21 THEREIN IN THE FORM SUBSTANTIALLY AS FOLLOWS:
22 ARTICLE I
23 PURPOSES AND PRINCIPLES
24 SECTION 1. PURPOSES OF AGREEMENT.--IT IS THE PURPOSE OF THIS
25 AGREEMENT TO SET UP A SYSTEM WHEREBY ANY CONTRACTING STATE MAY
26 PERMIT OWNERS OF FLEETS OF BUSES OPERATING IN TWO OR MORE STATES
27 TO PRORATE THE REGISTRATION OF THE BUSES IN SUCH FLEETS IN EACH
28 STATE IN WHICH THE FLEETS OPERATE ON THE BASIS OF THE PROPORTION
29 OF MILES OPERATED WITHIN SUCH STATE TO TOTAL FLEET MILES, AS
30 DEFINED HEREIN.
19750H1817B3266 - 385 -
1 SECTION 2. PRINCIPLE OF PRORATION OF REGISTRATION.--IT IS
2 HEREBY DECLARED THAT IN MAKING THIS AGREEMENT THE CONTRACTING
3 STATES ADHERE TO THE PRINCIPLE THAT EACH STATE SHOULD HAVE THE
4 FREEDOM TO DEVELOP THE KIND OF HIGHWAY USER TAX STRUCTURE THAT
5 IT DETERMINES TO BE MOST APPROPRIATE TO ITSELF, THAT THE METHOD
6 OF TAXATION OF INTERSTATE BUSES SHOULD NOT BE A DETERMINING
7 FACTOR IN DEVELOPING ITS USER TAX STRUCTURE, AND THAT ANNUAL
8 TAXES OR OTHER TAXES OF THE FIXED FEE TYPE UPON BUSES WHICH ARE
9 NOT IMPOSED ON A BASIS THAT REFLECTS THE AMOUNT OF HIGHWAY USE
10 SHOULD BE APPORTIONED AMONG THE STATES, WITHIN THE LIMITS OF
11 PRACTICALITY, ON THE BASIS OF VEHICLE MILES TRAVELED WITHIN EACH
12 OF THE STATES.
13 ARTICLE II
14 DEFINITIONS
15 (A) STATE.--STATE SHALL INCLUDE THE STATES OF THE UNITED
16 STATES, THE DISTRICT OF COLUMBIA, THE TERRITORIES OF THE UNITED
17 STATES, THE PROVINCES OF CANADA, AND THE STATES, TERRITORIES AND
18 FEDERAL DISTRICT OF MEXICO.
19 (B) CONTRACTING STATE.--CONTRACTING STATE SHALL MEAN A STATE
20 WHICH IS A PARTY TO THIS AGREEMENT.
21 (C) ADMINISTRATOR.--ADMINISTRATOR SHALL MEAN THE OFFICIAL OR
22 AGENCY OF A STATE ADMINISTERING THE FEE INVOLVED, OR, IN THE
23 CASE OF PRORATION OF REGISTRATION, THE OFFICIAL OR AGENCY OF A
24 STATE ADMINISTERING THE PRORATION OF REGISTRATION IN THAT STATE.
25 (D) PERSON.--PERSON SHALL INCLUDE ANY INDIVIDUAL, FIRM,
26 COPARTNERSHIP, JOINT VENTURE, ASSOCIATION, CORPORATION, ESTATE,
27 TRUST, BUSINESS TRUST, RECEIVER, SYNDICATE, OR ANY OTHER GROUP
28 OR COMBINATION ACTING AS A UNIT.
29 (E) BASE STATE.--BASE STATE SHALL MEAN THE STATE FROM OR IN
30 WHICH THE BUS IS MOST FREQUENTLY DISPATCHED, GARAGED, SERVICED,
19750H1817B3266 - 386 -
1 MAINTAINED, OPERATED, OR OTHERWISE CONTROLLED, OR ALSO IN THE
2 CASE OF A FLEET BUS THE STATE TO WHICH IT IS ALLOCATED FOR
3 REGISTRATION UNDER STATUTORY REQUIREMENTS. IN ORDER THAT THIS
4 SECTION MAY NOT BE USED FOR THE PURPOSE OF EVASION OF
5 REGISTRATION FEES, THE ADMINISTRATORS OF THE CONTRACTING STATES
6 MAY MAKE THE FINAL DECISION AS TO THE PROPER BASE STATE, IN
7 ACCORDANCE WITH ARTICLE III (H) HEREOF, TO PREVENT, OR AVOID
8 SUCH EVASION.
9 (F) BUS.--BUS SHALL MEAN ANY MOTOR VEHICLE OF A BUS TYPE
10 ENGAGED IN THE INTERSTATE TRANSPORTATION OF PASSENGERS AND
11 SUBJECT TO THE JURISDICTION OF THE INTERSTATE COMMERCE
12 COMMISSION OR ANY AGENCY SUCCESSOR THERETO, OR ONE OR MORE STATE
13 REGULATORY AGENCIES CONCERNED WITH THE REGULATION OF PASSENGER
14 TRANSPORT.
15 (G) FLEET.--AS TO EACH CONTRACTING STATE, FLEET SHALL
16 INCLUDE ONLY THOSE BUSES WHICH ACTUALLY TRAVEL A PORTION OF
17 THEIR TOTAL MILES IN SUCH STATE. A FLEET MUST INCLUDE THREE (3)
18 OR MORE BUSES.
19 (H) REGISTRATION.--REGISTRATION SHALL MEAN THE REGISTRATION
20 OF A BUS AND THE PAYMENT OF ANNUAL FEES AND TAXES AS SET FORTH
21 IN OR PURSUANT TO THE LAWS OF THE RESPECTIVE CONTRACTING STATES.
22 (I) PRORATION OF REGISTRATION.--PRORATION OF REGISTRATION
23 SHALL MEAN REGISTRATION OF FLEETS OF BUSES IN ACCORDANCE WITH
24 ARTICLE IV OF THIS AGREEMENT.
25 (J) RECIPROCITY.--RECIPROCITY SHALL MEAN THAT EACH
26 CONTRACTING STATE, TO THE EXTENT PROVIDED IN THIS AGREEMENT,
27 EXEMPTS A BUS FROM REGISTRATION AND REGISTRATION FEES.
28 ARTICLE III
29 GENERAL PROVISIONS
30 (A) EFFECT ON OTHER AGREEMENTS, ARRANGEMENTS AND
19750H1817B3266 - 387 -
1 UNDERSTANDINGS.--ON AND AFTER ITS EFFECTIVE DATE, THIS AGREEMENT
2 SHALL SUPERSEDE ANY RECIPROCAL OR OTHER AGREEMENT, ARRANGEMENT,
3 OR UNDERSTANDING BETWEEN ANY TWO OR MORE OF THE CONTRACTING
4 STATES COVERING, IN WHOLE OR IN PART, ANY OF THE MATTERS COVERED
5 BY THIS AGREEMENT; BUT THIS AGREEMENT SHALL NOT AFFECT ANY
6 RECIPROCAL OR OTHER AGREEMENT, ARRANGEMENT, OR UNDERSTANDING
7 BETWEEN A CONTRACTING STATE AND A STATE OR STATES NOT A PARTY TO
8 THIS AGREEMENT.
9 (B) APPLICABILITY TO EXEMPT VEHICLES.--THIS AGREEMENT SHALL
10 NOT REQUIRE REGISTRATION IN A CONTRACTING STATE OF ANY VEHICLES
11 WHICH ARE IN WHOLE OR PART EXEMPT FROM REGISTRATION UNDER THE
12 LAWS OR REGULATIONS OF SUCH STATE WITHOUT RESPECT TO THIS
13 AGREEMENT.
14 (C) INAPPLICABILITY OF CARAVANED VEHICLE.--THE BENEFITS AND
15 PRIVILEGES OF THIS AGREEMENT SHALL NOT BE EXTENDED TO A VEHICLE
16 OPERATED ON ITS OWN WHEELS, OR IN TOW OF A MOTOR VEHICLE,
17 TRANSPORTED FOR THE PURPOSE OF SELLING OR OFFERING THE SAME FOR
18 SALE TO OR BY ANY AGENT, DEALER, PURCHASER, OR PROSPECTIVE
19 PURCHASER.
20 (D) OTHER FEES AND TAXES.--THIS AGREEMENT DOES NOT WAIVE ANY
21 FEES OR TAXES CHARGED OR LEVIED BY ANY STATE IN CONNECTION WITH
22 THE OWNERSHIP OR OPERATION OF VEHICLES OTHER THAN REGISTRATION
23 FEES AS DEFINED HEREIN. ALL OTHER FEES AND TAXES SHALL BE PAID
24 TO EACH STATE IN ACCORDANCE WITH THE LAWS THEREOF.
25 (E) STATUTORY VEHICLE REGULATIONS.--THIS AGREEMENT SHALL NOT
26 AUTHORIZE THE OPERATION OF A VEHICLE IN ANY CONTRACTING STATE
27 CONTRARY TO THE LAWS OR REGULATIONS THEREOF, EXCEPT THOSE
28 PERTAINING TO REGISTRATION AND PAYMENT OF FEES; AND WITH RESPECT
29 TO SUCH LAWS OR REGULATIONS ONLY TO THE EXTENT PROVIDED IN THIS
30 AGREEMENT.
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1 (F) VIOLATIONS.--EACH CONTRACTING STATE RESERVES THE RIGHT
2 TO WITHDRAW, BY ORDER OF THE ADMINISTRATOR THEREOF, ALL OR ANY
3 PART OF THE BENEFITS OR PRIVILEGES GRANTED PURSUANT TO THIS
4 AGREEMENT FROM THE OWNER OF ANY VEHICLE OR FLEET OF VEHICLES
5 OPERATED IN VIOLATION OF ANY PROVISION OF THIS AGREEMENT. THE
6 ADMINISTRATOR SHALL IMMEDIATELY GIVE NOTICE OF ANY SUCH
7 VIOLATION AND WITHDRAWAL OF ANY SUCH BENEFITS OR PRIVILEGES TO
8 THE ADMINISTRATOR OF EACH OTHER CONTRACTING STATE IN WHICH
9 VEHICLES OF SUCH OWNER ARE OPERATED.
10 (G) COOPERATION.--THE ADMINISTRATOR OF EACH OF THE
11 CONTRACTING STATES SHALL COOPERATE WITH THE ADMINISTRATORS OF
12 THE OTHERS AND EACH CONTRACTING STATE HEREBY AGREES TO FURNISH
13 SUCH AID AND ASSISTANCE TO EACH OTHER WITHIN ITS STATUTORY
14 AUTHORITY AS WILL AID IN THE PROPER ENFORCEMENT OF THIS
15 AGREEMENT.
16 (H) INTERPRETATION.--IN ANY DISPUTE BETWEEN OR AMONG
17 CONTRACTING STATES ARISING UNDER THIS AGREEMENT, THE FINAL
18 DECISION REGARDING INTERPRETATION OF QUESTIONS AT ISSUE RELATING
19 TO THIS AGREEMENT SHALL BE REACHED BY JOINT ACTION OF THE
20 CONTRACTING STATES, ACTING THROUGH THE ADMINISTRATOR THEREOF,
21 AND SHALL UPON DETERMINATION BE PLACED IN WRITING.
22 (I) EFFECT OF HEARINGS.--ARTICLE AND SECTION HEADING
23 CONTAINED HEREIN SHALL NOT BE DEEMED TO GOVERN, LIMIT, MODIFY,
24 OR IN ANY MANNER AFFECT THE SCOPE, MEANING, OR INTENT OF THE
25 PROVISIONS OF ANY ARTICLE OR PART HEREOF.
26 (J) ENTRY INTO FORCE.--THIS AGREEMENT SHALL ENTER INTO FORCE
27 AND BECOME BINDING BETWEEN AND AMONG THE CONTRACTING STATES WHEN
28 ENACTED OR OTHERWISE ENTERED INTO BY ANY TWO STATES. THEREAFTER,
29 IT SHALL ENTER INTO FORCE AND BECOME BINDING WITH RESPECT TO ANY
30 STATE WHEN ENACTED INTO LAW BY SUCH STATE. IF THE STATUTES OF
19750H1817B3266 - 389 -
1 ANY STATE SO AUTHORIZE OR PROVIDE, SUCH STATE MAY BECOME PARTY
2 TO THIS AGREEMENT UPON THE EXECUTION THEREOF BY AN EXECUTIVE OR
3 ADMINISTRATIVE OFFICIAL THEREOF ACTING ON BEHALF OF AND FOR SUCH
4 STATE.
5 ARTICLE IV
6 PRORATION OF REGISTRATION
7 (A) APPLICABILITY.--ANY OWNER OF A FLEET MAY REGISTER THE
8 BUSES OF SAID FLEET IN ANY CONTRACTING STATE BY PAYING TO SAID
9 STATE TOTAL REGISTRATION FEES IN AN AMOUNT EQUAL TO THAT
10 OBTAINED BY APPLYING THE PROPORTION OF IN-STATE FLEET MILES
11 DIVIDED BY THE TOTAL FLEET MILES, TO THE TOTAL FEES WHICH WOULD
12 OTHERWISE BE REQUIRED FOR REGULAR REGISTRATION OF EACH AND ALL
13 OF SUCH VEHICLES IN SUCH CONTRACTING STATE.
14 ALL FLEET PRO-RATA REGISTRATION FEES SHALL BE BASED UPON THE
15 MILEAGE PROPORTIONS OF THE FLEET DURING THE PERIOD OF TWELVE
16 MONTHS ENDING ON AUGUST 31 NEXT PRECEDING THE COMMENCEMENT OF
17 THE REGISTRATION YEAR FOR WHICH REGISTRATION IS SOUGHT: EXCEPT,
18 THAT MILEAGE PROPORTIONS FOR A FLEET NOT OPERATED DURING SUCH
19 PERIOD IN THE STATE WHERE APPLICATION FOR REGISTRATION IS MADE
20 WILL BE DETERMINED BY THE ADMINISTRATOR UPON THE SWORN
21 APPLICATION OF THE APPLICANT SHOWING THE OPERATIONS DURING SUCH
22 PERIOD IN OTHER STATES AND THE ESTIMATED OPERATIONS DURING THE
23 REGISTRATION YEAR FOR WHICH REGISTRATION IS SOUGHT, IN THE STATE
24 IN WHICH APPLICATION IS BEING MADE; OR IF NO OPERATIONS WERE
25 CONDUCTED DURING SUCH PERIOD, A FULL STATEMENT OF THE PROPOSED
26 METHOD OF OPERATION.
27 IF ANY BUSES OPERATE IN TWO OR MORE STATES WHICH PERMIT THE
28 PRORATION OF REGISTRATION ON THE BASIS OF A FLEET OF BUSES
29 CONSISTING OF A LESSER NUMBER OF VEHICLES THAN PROVIDED IN
30 ARTICLE II (G), SUCH FLEET MAY BE PRORATED AS TO REGISTRATION IN
19750H1817B3266 - 390 -
1 SUCH STATES, IN WHICH EVENT THE BUSES IN SUCH FLEET SHALL NOT BE
2 REQUIRED TO REGISTER IN ANY OTHER CONTRACTING STATES IF EACH
3 SUCH VEHICLE IS REGISTERED IN SOME CONTRACTING STATE, EXCEPT TO
4 THE EXTENT IT IS EXEMPT FROM REGISTRATION AS PROVIDED IN ARTICLE
5 III (B).
6 IF THE ADMINISTRATOR OF ANY STATE DETERMINES, BASED ON HIS
7 METHOD OF THE OPERATION THEREOF, THAT THE INCLUSION OF A BUS OR
8 BUSES AS A PART OF A FLEET WOULD ADVERSELY AFFECT THE PROPER
9 FLEET FEE WHICH SHOULD BE PAID TO HIS STATE, HAVING DUE REGARD
10 FOR FAIRNESS AND EQUITY, HE MAY REFUSE TO PERMIT ANY OR ALL OF
11 SUCH BUSES TO BE INCLUDED IN HIS STATE AS A PART OF SUCH FLEET.
12 (B) TOTAL FLEET MILES.--TOTAL FLEET MILES, WITH RESPECT TO
13 EACH CONTRACTING STATE, SHALL MEAN THE TOTAL MILES OPERATED BY
14 THE FLEET (1) IN SUCH STATE, (2) IN ALL OTHER CONTRACTING
15 STATES, (3) IN OTHER STATES HAVING PROPORTIONAL REGISTRATION
16 PROVISIONS, (4) IN STATES WITH WHICH SUCH CONTRACTING STATE HAS
17 RECIPROCITY, AND (5) IN SUCH OTHER STATES AS THE ADMINISTRATOR
18 DETERMINES SHOULD BE INCLUDED UNDER THE CIRCUMSTANCES IN ORDER
19 TO PROTECT OR PROMOTE THE INTEREST OF HIS STATE; EXCEPT THAT IN
20 STATES HAVING LAWS REQUIRING PRORATION ON THE BASES OF A
21 DIFFERENT DETERMINATION OF TOTAL FLEET MILES, TOTAL FLEET MILES
22 SHALL BE DETERMINED ON SUCH BASIS.
23 (C) LEASED VEHICLES.--IF A BUS IS OPERATED BY A PERSON OTHER
24 THAN THE OWNER AS A PART OF A FLEET WHICH IS SUBJECT TO THE
25 PROVISIONS OF THIS ARTICLE, THEN THE OPERATOR OF SUCH FLEET
26 SHALL BE DEEMED TO BE THE OWNER OF SAID BUS FOR THE PURPOSES OF
27 THIS ARTICLE.
28 (D) EXTENT OF PRIVILEGES.--UPON THE REGISTRATION OF A FLEET
29 IN A CONTRACTING STATE PURSUANT TO THIS ARTICLE, EACH BUS IN THE
30 FLEET MAY BE OPERATED IN BOTH INTERSTATE AND INTRASTATE
19750H1817B3266 - 391 -
1 OPERATIONS IN SUCH STATE, EXCEPT AS PROVIDED IN ARTICLE III (E).
2 (E) APPLICATION FOR PRORATION.--THE APPLICATION FOR
3 PRORATION OF REGISTRATION SHALL BE MADE IN EACH CONTRACTING
4 STATE UPON SUBSTANTIALLY THE APPLICATION FORMS AND SUPPLEMENTS
5 AUTHORIZED BY JOINT ACTION OF THE ADMINISTRATORS OF THE
6 CONTRACTING STATES.
7 (F) ISSUANCE OF IDENTIFICATION.--UPON REGISTRATION OF A
8 FLEET, THE STATE WHICH IS THE BASE STATE OF A PARTICULAR BUS OF
9 THE FLEET, SHALL ISSUE THE REQUIRED LICENSE PLATES AND
10 REGISTRATION CARD FOR SUCH BUS AND EACH CONTRACTING STATE IN
11 WHICH THE FLEET OF WHICH SUCH BUS IS A PART, OPERATES SHALL
12 ISSUE A SPECIAL IDENTIFICATION IDENTIFYING SUCH BUS AS A PART OF
13 A FLEET WHICH HAS FULLY COMPLIED WITH THE REGISTRATION
14 REQUIREMENTS OF SUCH STATE. THE REQUIRED LICENSE PLATES,
15 REGISTRATION CARDS AND IDENTIFICATION SHALL BE APPROPRIATELY
16 DISPLAYED IN THE MANNER REQUIRED BY OR PURSUANT TO THE LAWS OF
17 EACH RESPECTIVE STATE.
18 (G) ADDITIONS TO FLEET.--IF ANY BUS IS ADDED TO A PRORATED
19 FLEET AFTER THE FILING OF THE ORIGINAL APPLICATION, THE OWNER
20 SHALL FILE A SUPPLEMENTAL APPLICATION. THE OWNER SHALL REGISTER
21 SUCH BUS IN EACH CONTRACTING STATE IN LIKE MANNER AS PROVIDED
22 FOR BUSES LISTED IN AN ORIGINAL APPLICATION AND THE REGISTRATION
23 FEE PAYABLE SHALL BE DETERMINED ON THE MILEAGE PROPORTION USED
24 TO DETERMINE THE REGISTRATION FEES PAYABLE FOR BUSES REGISTERED
25 UNDER THE ORIGINAL APPLICATION.
26 (H) WITHDRAWALS FROM FLEET.--IF ANY BUS IS WITHDRAWN FROM A
27 PRORATED FLEET DURING THE PERIOD FOR WHICH IT IS REGISTERED OR
28 IDENTIFIED, THE OWNER SHALL NOTIFY THE ADMINISTRATOR OF EACH
29 STATE IN WHICH IT IS REGISTERED OR IDENTIFIED OF SUCH WITHDRAWAL
30 AND SHALL RETURN THE PLATES, AND REGISTRATION CARD OR
19750H1817B3266 - 392 -
1 IDENTIFICATION AS MAY BE REQUIRED BY OR PURSUANT TO THE LAWS OF
2 THE RESPECTIVE STATES.
3 (I) AUDITS.--THE ADMINISTRATOR OF EACH CONTRACTING STATE
4 SHALL, WITHIN THE STATUTORY AUTHORITY OF SUCH ADMINISTRATOR,
5 MAKE ANY INFORMATION OBTAINED UPON AN AUDIT OF RECORDS OF ANY
6 APPLICANT FOR PRORATION OF REGISTRATION AVAILABLE TO THE
7 ADMINISTRATORS OF THE OTHER CONTRACTING STATES.
8 (J) ERRORS IN REGISTRATION.--IF IT IS DETERMINED BY THE
9 ADMINISTRATOR OF A CONTRACTING STATE, AS A RESULT OF SUCH AUDITS
10 OR OTHERWISE, THAT AN IMPROPER FEE HAS BEEN PAID HIS STATE, OR
11 ERRORS IN REGISTRATION FOUND, THE ADMINISTRATOR MAY REQUIRE THE
12 FLEET OWNER TO MAKE THE NECESSARY CORRECTIONS IN THE
13 REGISTRATION OF HIS FLEET AND PAYMENT OF FEES.
14 ARTICLE V
15 RECIPROCITY
16 (A) GRANT OF RECIPROCITY.--EACH OF THE CONTRACTING STATES
17 GRANTS RECIPROCITY AS PROVIDED IN THIS ARTICLE.
18 (B) APPLICABILITY.--THE PROVISIONS OF THIS AGREEMENT WITH
19 RESPECT TO RECIPROCITY SHALL APPLY ONLY TO A BUS PROPERLY
20 REGISTERED IN THE BASE STATE OF THE BUS, WHICH STATE MUST BE A
21 CONTRACTING STATE.
22 (C) NON-APPLICABILITY TO FLEET BUSES.--THE RECIPROCITY
23 GRANTED PURSUANT TO THIS ARTICLE SHALL NOT APPLY TO A BUS WHICH
24 IS ENTITLED TO BE REGISTERED OR IDENTIFIED AS PART OF A PRORATED
25 FLEET.
26 (D) EXTENT OF RECIPROCITY.--THE RECIPROCITY GRANTED PURSUANT
27 TO THIS ARTICLE SHALL PERMIT THE INTERSTATE OPERATION OF A BUS
28 AND INTRASTATE OPERATION WHICH IS INCIDENTAL TO A TRIP OF SUCH
29 BUS INVOLVING INTERSTATE OPERATION.
30 (E) OTHER AGREEMENTS.--NOTHING IN THIS AGREEMENT SHALL BE
19750H1817B3266 - 393 -
1 CONSTRUED TO PROHIBIT ANY OF THE CONTRACTING STATES FROM
2 ENTERING INTO SEPARATE AGREEMENTS WITH EACH OTHER FOR THE
3 GRANTING OF TEMPORARY PERMITS FOR THE INTRASTATE OPERATION OF
4 VEHICLES REGISTERED IN THE OTHER STATE; NOR TO PREVENT ANY OF
5 THE CONTRACTING STATES FROM ENTERING INTO AGREEMENTS TO GRANT
6 RECIPROCITY FOR INTRASTATE OPERATION WITHIN ANY ZONE OR ZONES
7 AGREED UPON BY THE STATES.
8 ARTICLE VI
9 WITHDRAWAL OR REVOCATION
10 ANY CONTRACTING STATE MAY WITHDRAW FROM THIS AGREEMENT UPON
11 THIRTY (30) DAYS WRITTEN NOTICE TO EACH OTHER CONTRACTING STATE,
12 WHICH NOTICE SHALL BE GIVEN ONLY AFTER THE REPEAL OF THIS
13 AGREEMENT BY THE LEGISLATURE OF SUCH STATE, IF ADOPTION WAS BY
14 LEGISLATIVE ACT, OR AFTER RENUNCIATION BY THE APPROPRIATE
15 ADMINISTRATIVE OFFICIAL OF SUCH CONTRACTING STATE IF THE LAWS
16 THEREOF EMPOWER HIM SO TO RENOUNCE.
17 ARTICLE VII
18 CONSTRUCTION AND SEVERABILITY
19 THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE
20 THE PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE
21 SEVERABLE AND IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF
22 THIS COMPACT IS DECLARED TO BE CONTRARY TO THE CONSTITUTION OF
23 ANY STATE OR OF THE UNITED STATES OR THE APPLICABILITY THEREOF
24 TO ANY GOVERNMENT, AGENCY, PERSON OR CIRCUMSTANCE IS HELD
25 INVALID, THE VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE
26 APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR
27 CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF THIS COMPACT
28 SHALL BE HELD CONTRARY TO THE CONSTITUTION OF ANY STATE
29 PARTICIPATING HEREIN, THE COMPACT SHALL REMAIN IN FULL FORCE AND
30 EFFECT AS TO THE REMAINING PARTY STATES AND IN FULL FORCE AND
19750H1817B3266 - 394 -
1 EFFECT AS TO THE STATE AFFECTED AS TO ALL SEVERABLE MATTERS.
2 § 8102. SECRETARY OF TRANSPORTATION TO BE ADMINISTRATOR.
3 AS USED IN THE AGREEMENT, WITH REFERENCE TO THIS STATE, THE
4 TERM "ADMINISTRATOR" SHALL MEAN THE SECRETARY OF TRANSPORTATION.
5 § 8103. EXEMPTIONS FROM AGREEMENT AND CHANGES IN REPORTING.
6 (A) GENERAL RULE.--THE SECRETARY OF TRANSPORTATION SHALL HAVE
7 THE POWER TO MAKE SUCH EXEMPTIONS FROM THE COVERAGE OF THE
8 AGREEMENT AS MAY BE APPROPRIATE AND TO MAKE SUCH CHANGES IN
9 METHODS FOR THE REPORTING OF ANY INFORMATION REQUIRED TO BE
10 FURNISHED TO THIS STATE PURSUANT TO THE AGREEMENT AS, IN HIS
11 JUDGMENT, SHALL BE SUITABLE.
12 (B) LIMITATIONS.--ANY SUCH EXEMPTIONS OR CHANGES SHALL NOT
13 BE CONTRARY TO THE PURPOSES SET FORTH IN ARTICLE I OF THE
14 AGREEMENT AND SHALL BE MADE IN ORDER TO PERMIT THE CONTINUANCE
15 OF UNIFORMITY OF PRACTICE AMONG THE CONTRACTING STATES WITH
16 RESPECT TO BUSES.
17 (C) AUTHORITY EXERCISED BY RULE OR REGULATION.--ANY SUCH
18 EXEMPTIONS OR CHANGES SHALL BE MADE BY RULE OR REGULATION AND
19 SHALL NOT BE EFFECTIVE UNLESS MADE IN ACCORDANCE WITH THE ACT OF
20 JULY 31, 1968 (P.L.769, NO.240), KNOWN AS THE "COMMONWEALTH
21 DOCUMENTS LAW".
22 § 8104. GOVERNOR TO GIVE NOTICE OF WITHDRAWAL FROM AGREEMENT.
23 UNLESS OTHERWISE PROVIDED IN ANY STATUTE WITHDRAWING THIS
24 STATE FROM PARTICIPATION IN THE AGREEMENT, THE GOVERNOR SHALL BE
25 THE OFFICER TO GIVE NOTICE OF WITHDRAWAL THEREFROM.
26 § 8105. APPLICABILITY OF OTHER PROVISIONS OF TITLE.
27 THE OTHER PROVISIONS OF THIS TITLE SHALL, TO THE EXTENT THAT
28 THEY ARE INCONSISTENT WITH THE COMPACT, BE INAPPLICABLE TO THE
29 REGISTRATION OF BUSES AS THE TERM IS DEFINED IN THE COMPACT.
30 SUBCHAPTER B
19750H1817B3266 - 395 -
1 VEHICLE EQUIPMENT SAFETY COMPACT
2 SEC.
3 8111. VEHICLE EQUIPMENT SAFETY COMPACT ENACTED.
4 8112. LEGISLATIVE FINDINGS.
5 8113. APPLICABILITY OF OTHER PROVISIONS OF TITLE.
6 8114. STATUTORY APPROVAL OF COMMISSION RULE, REGULATION OR
7 ORDER.
8 8115. SECRETARY OF TRANSPORTATION TO BE COMMISSIONER.
9 8116. STATE EMPLOYEES RETIREMENT COVERAGE FOR COMMISSION
10 EMPLOYEES.
11 8117. COOPERATION OF STATE AGENCIES WITH COMMISSION.
12 8118. DOCUMENT FILINGS AND NOTICES UNDER BYLAWS.
13 8119. SUBMISSION OF COMMISSION BUDGETS.
14 8120. INSPECTION OF COMMISSION ACCOUNTS BY AUDITOR GENERAL.
15 8121. GOVERNOR AS EXECUTIVE HEAD.
16 8122. PENALTY FOR VIOLATION OF COMPACT.
17 § 8111. VEHICLE EQUIPMENT SAFETY COMPACT ENACTED.
18 THE VEHICLE EQUIPMENT SAFETY COMPACT IS HEREBY ENACTED INTO
19 LAW AND ENTERED INTO WITH ALL OTHER JURISDICTIONS LEGALLY
20 JOINING THEREIN IN THE FORM SUBSTANTIALLY AS FOLLOWS:
21 ARTICLE I
22 FINDINGS AND PURPOSES
23 (A) THE PARTY STATES FIND THAT:
24 (1) ACCIDENTS AND DEATHS ON THEIR STREETS AND HIGHWAYS
25 PRESENT A VERY SERIOUS HUMAN AND ECONOMIC PROBLEM WITH A MAJOR
26 DELETERIOUS EFFECT ON THE PUBLIC WELFARE.
27 (2) THERE IS A VITAL NEED FOR THE DEVELOPMENT OF GREATER
28 INTERJURISDICTIONAL COOPERATION TO ACHIEVE THE NECESSARY
29 UNIFORMITY IN THE LAWS, RULES, REGULATIONS AND CODES RELATING TO
30 VEHICLE EQUIPMENT, AND TO ACCOMPLISH THIS BY SUCH MEANS AS WILL
19750H1817B3266 - 396 -
1 MINIMIZE THE TIME BETWEEN THE DEVELOPMENT OF DEMONSTRABLY AND
2 SCIENTIFICALLY SOUND SAFETY FEATURES AND THEIR INCORPORATION
3 INTO VEHICLES.
4 (B) THE PURPOSES OF THIS COMPACT ARE TO:
5 (1) PROMOTE UNIFORMITY IN REGULATION OF AND STANDARDS FOR
6 EQUIPMENT.
7 (2) SECURE UNIFORMITY OF LAW AND ADMINISTRATIVE PRACTICE IN
8 VEHICULAR REGULATION AND RELATED SAFETY STANDARDS TO PERMIT
9 INCORPORATION OF DESIRABLE EQUIPMENT CHANGES IN VEHICLES IN THE
10 INTEREST OF GREATER TRAFFIC SAFETY.
11 (3) TO PROVIDE MEANS FOR THE ENCOURAGEMENT AND UTILIZATION
12 OF RESEARCH WHICH WILL FACILITATE THE ACHIEVEMENT OF THE
13 FOREGOING PURPOSES, WITH DUE REGARD FOR THE FINDINGS SET FORTH
14 IN SUBDIVISION (A) OF THIS ARTICLE.
15 (C) IT IS THE INTENT OF THIS COMPACT TO EMPHASIZE
16 PERFORMANCE REQUIREMENTS AND NOT TO DETERMINE THE SPECIFIC
17 DETAIL OF ENGINEERING IN THE MANUFACTURE OF VEHICLES OR
18 EQUIPMENT EXCEPT TO THE EXTENT NECESSARY FOR THE MEETING OF SUCH
19 PERFORMANCE REQUIREMENTS.
20 ARTICLE II
21 DEFINITIONS
22 AS USED IN THIS COMPACT:
23 (A) "VEHICLE" MEANS EVERY DEVICE IN, UPON OR BY WHICH ANY
24 PERSON OR PROPERTY IS OR MAY BE TRANSPORTED OR DRAWN UPON A
25 HIGHWAY, EXCEPTING DEVICES MOVED BY HUMAN POWER OR USED
26 EXCLUSIVELY UPON STATIONARY RAILS OR TRACKS.
27 (B) "STATE" MEANS A STATE, TERRITORY OR POSSESSION OF THE
28 UNITED STATES, THE DISTRICT OF COLUMBIA, OR THE COMMONWEALTH OF
29 PUERTO RICO.
30 (C) "EQUIPMENT" MEANS ANY PART OF A VEHICLE OR ANY ACCESSORY
19750H1817B3266 - 397 -
1 FOR USE THEREON WHICH EFFECTS THE SAFETY OF OPERATION OF SUCH
2 VEHICLE OR THE SAFETY OF THE OCCUPANTS.
3 ARTICLE III
4 THE COMMISSION
5 (A) THERE IS HEREBY CREATED AN AGENCY OF THE PARTY STATES TO
6 BE KNOWN AS THE "VEHICLE EQUIPMENT SAFETY COMMISSION"
7 HEREINAFTER CALLED THE COMMISSION. THE COMMISSION SHALL BE
8 COMPOSED OF ONE COMMISSIONER FROM EACH PARTY STATE WHO SHALL BE
9 APPOINTED, SERVE AND BE SUBJECT TO REMOVAL IN ACCORDANCE WITH
10 THE LAWS OF THE STATE WHICH HE REPRESENTS. IF AUTHORIZED BY THE
11 LAWS OF HIS PARTY STATE, A COMMISSIONER MAY PROVIDE FOR THE
12 DISCHARGE OF HIS DUTIES AND THE PERFORMANCE OF HIS FUNCTIONS ON
13 THE COMMISSION, EITHER FOR THE DURATION OF HIS MEMBERSHIP OR FOR
14 ANY LESSER PERIOD OF TIME, BY AN ALTERNATE. NO SUCH ALTERNATE
15 SHALL BE ENTITLED TO SERVE UNLESS NOTIFICATION OF HIS IDENTITY
16 AND APPOINTMENT SHALL HAVE BEEN GIVEN TO THE COMMISSION IN SUCH
17 FORM AS THE COMMISSION MAY REQUIRE. EACH COMMISSIONER, AND EACH
18 ALTERNATE, WHEN SERVING IN THE PLACE AND STEAD OF A
19 COMMISSIONER, SHALL BE ENTITLED TO BE REIMBURSED BY THE
20 COMMISSION FOR EXPENSES ACTUALLY INCURRED IN ATTENDING
21 COMMISSION MEETINGS OR WHILE ENGAGED IN THE BUSINESS OF THE
22 COMMISSION.
23 (B) THE COMMISSIONERS SHALL BE ENTITLED TO ONE VOTE EACH ON
24 THE COMMISSION. NO ACTION OF THE COMMISSION SHALL BE BINDING
25 UNLESS TAKEN AT A MEETING AT WHICH A MAJORITY OF THE TOTAL
26 NUMBER OF VOTES ON THE COMMISSION ARE CAST IN FAVOR THEREOF.
27 ACTION OF THE COMMISSION SHALL BE ONLY AT A MEETING AT WHICH A
28 MAJORITY OF THE COMMISSIONERS, OR THEIR ALTERNATES, ARE PRESENT.
29 (C) THE COMMISSION SHALL HAVE A SEAL.
30 (D) THE COMMISSION SHALL ELECT ANNUALLY, FROM AMONG ITS
19750H1817B3266 - 398 -
1 MEMBERS, A CHAIRMAN, A VICE CHAIRMAN AND A TREASURER. THE
2 COMMISSION MAY APPOINT AN EXECUTIVE DIRECTOR AND FIX HIS DUTIES
3 AND COMPENSATION. SUCH EXECUTIVE DIRECTOR SHALL SERVE AT THE
4 PLEASURE OF THE COMMISSION, AND TOGETHER WITH THE TREASURER
5 SHALL BE BONDED IN SUCH AMOUNT AS THE COMMISSION SHALL
6 DETERMINE. THE EXECUTIVE DIRECTOR ALSO SHALL SERVE AS SECRETARY.
7 IF THERE BE NO EXECUTIVE DIRECTOR, THE COMMISSION SHALL ELECT A
8 SECRETARY IN ADDITION TO THE OTHER OFFICERS PROVIDED BY THIS
9 SUBDIVISION.
10 (E) IRRESPECTIVE OF THE CIVIL SERVICE, PERSONNEL OR OTHER
11 MERIT SYSTEM LAWS OF ANY OF THE PARTY STATES, THE EXECUTIVE
12 DIRECTOR WITH THE APPROVAL OF THE COMMISSION, OR THE COMMISSION
13 IF THERE BE NO EXECUTIVE DIRECTOR, SHALL APPOINT, REMOVE OR
14 DISCHARGE SUCH PERSONNEL AS MAY BE NECESSARY FOR THE PERFORMANCE
15 OF THE COMMISSION'S FUNCTIONS, AND SHALL FIX THE DUTIES AND
16 COMPENSATION OF SUCH PERSONNEL.
17 (F) THE COMMISSION MAY ESTABLISH AND MAINTAIN INDEPENDENTLY
18 OR IN CONJUNCTION WITH ANY ONE OR MORE OF THE PARTY STATES, A
19 SUITABLE RETIREMENT SYSTEM FOR ITS FULL TIME EMPLOYEES.
20 EMPLOYEES OF THE COMMISSION SHALL BE ELIGIBLE FOR SOCIAL
21 SECURITY COVERAGE IN RESPECT OF OLD AGE AND SURVIVOR'S INSURANCE
22 PROVIDED THAT THE COMMISSION TAKES SUCH STEPS AS MAY BE
23 NECESSARY PURSUANT TO THE LAWS OF THE UNITED STATES, TO
24 PARTICIPATE IN SUCH PROGRAM OF INSURANCE AS A GOVERNMENTAL
25 AGENCY OR UNIT. THE COMMISSION MAY ESTABLISH AND MAINTAIN OR
26 PARTICIPATE IN SUCH ADDITIONAL PROGRAMS OF EMPLOYEE BENEFITS AS
27 MAY BE APPROPRIATE.
28 (G) THE COMMISSION MAY BORROW, ACCEPT OR CONTRACT FOR THE
29 SERVICES OF PERSONNEL FROM ANY PARTY STATE, THE UNITED STATES,
30 OR ANY SUBDIVISION OR AGENCY OF THE AFOREMENTIONED GOVERNMENTS,
19750H1817B3266 - 399 -
1 OR FROM ANY AGENCY OF TWO OR MORE OF THE PARTY STATES OR THEIR
2 SUBDIVISIONS.
3 (H) THE COMMISSION MAY ACCEPT FOR ANY OF ITS PURPOSES AND
4 FUNCTIONS UNDER THIS COMPACT ANY AND ALL DONATIONS, AND GRANTS
5 OF MONEY, EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES,
6 CONDITIONAL OR OTHERWISE, FROM ANY STATE, THE UNITED STATES, OR
7 ANY OTHER GOVERNMENTAL AGENCY AND MAY RECEIVE, UTILIZE, AND
8 DISPOSE OF THE SAME.
9 (I) THE COMMISSION MAY ESTABLISH AND MAINTAIN SUCH
10 FACILITIES AS MAY BE NECESSARY FOR THE TRANSACTING OF ITS
11 BUSINESS. THE COMMISSION MAY ACQUIRE, HOLD, AND CONVEY REAL AND
12 PERSONAL PROPERTY AND ANY INTEREST THEREIN.
13 (J) THE COMMISSION SHALL ADOPT BYLAWS FOR THE CONDUCT OF ITS
14 BUSINESS AND SHALL HAVE THE POWER TO AMEND AND RESCIND THESE
15 BYLAWS. THE COMMISSION SHALL PUBLISH ITS BYLAWS IN CONVENIENT
16 FORM AND SHALL FILE A COPY THEREOF AND A COPY OF ANY AMENDMENT
17 THERETO, WITH THE APPROPRIATE AGENCY OR OFFICER IN EACH OF THE
18 PARTY STATES. THE BYLAWS SHALL PROVIDE FOR APPROPRIATE NOTICE TO
19 THE COMMISSIONERS OF ALL COMMISSION MEETINGS AND HEARINGS AND
20 THE BUSINESS TO BE TRANSACTED AT SUCH MEETINGS OR HEARINGS. SUCH
21 NOTICE SHALL ALSO BE GIVEN TO SUCH AGENCIES OR OFFICERS OF EACH
22 PARTY STATE AS THE LAWS OF SUCH PARTY STATE MAY PROVIDE.
23 (K) THE COMMISSION ANNUALLY SHALL MAKE THE GOVERNOR AND
24 LEGISLATURE OF EACH PARTY STATE A REPORT COVERING THE ACTIVITIES
25 OF THE COMMISSION FOR THE PRECEDING YEAR, AND EMBODYING SUCH
26 RECOMMENDATIONS AS MAY HAVE BEEN ISSUED BY THE COMMISSION. THE
27 COMMISSION MAY MAKE SUCH ADDITIONAL REPORTS AS IT MAY DEEM
28 DESIRABLE.
29 ARTICLE IV
30 RESEARCH AND TESTING
19750H1817B3266 - 400 -
1 THE COMMISSION SHALL HAVE POWER TO:
2 (A) COLLECT, CORRELATE, ANALYZE AND EVALUATE INFORMATION
3 RESULTING OR DERIVABLE FROM RESEARCH AND TESTING ACTIVITIES IN
4 EQUIPMENT AND RELATED FIELDS.
5 (B) RECOMMEND AND ENCOURAGE THE UNDERTAKING OF RESEARCH AND
6 TESTING IN ANY ASPECT OF EQUIPMENT OR RELATED MATTERS WHEN, IN
7 ITS JUDGMENT, APPROPRIATE OR SUFFICIENT RESEARCH OR TESTING HAS
8 NOT BEEN UNDERTAKEN.
9 (C) CONTRACT FOR SUCH EQUIPMENT RESEARCH AND TESTING AS ONE
10 OR MORE GOVERNMENTAL AGENCIES MAY AGREE TO HAVE CONTRACTED FOR
11 BY THE COMMISSION: PROVIDED, THAT SUCH GOVERNMENTAL AGENCY OR
12 AGENCIES SHALL MAKE AVAILABLE THE FUNDS NECESSARY FOR SUCH
13 RESEARCH AND TESTING.
14 (D) RECOMMEND TO THE PARTY STATES CHANGES IN LAW OR POLICY
15 WITH EMPHASIS ON UNIFORMITY OF LAWS AND ADMINISTRATIVE RULES,
16 REGULATIONS OR CODES WHICH WOULD PROMOTE EFFECTIVE GOVERNMENTAL
17 ACTION OR COORDINATION IN THE PREVENTION OF EQUIPMENT-RELATED
18 HIGHWAY ACCIDENTS OR THE MITIGATION OF EQUIPMENT-RELATED HIGHWAY
19 SAFETY PROBLEMS.
20 ARTICLE V
21 VEHICULAR EQUIPMENT
22 (A) IN THE INTEREST OF VEHICULAR AND PUBLIC SAFETY, THE
23 COMMISSION MAY STUDY THE NEED FOR OR DESIRABILITY OF THE
24 ESTABLISHMENT OF OR CHANGES IN PERFORMANCE REQUIREMENTS OR
25 RESTRICTIONS FOR ANY ITEM OF EQUIPMENT. AS A RESULT OF SUCH
26 STUDY, THE COMMISSION MAY PUBLISH A REPORT RELATING TO ANY ITEM
27 OR ITEMS OF EQUIPMENT, AND THE ISSUANCE OF SUCH A REPORT SHALL
28 BE A CONDITION PRECEDENT TO ANY PROCEEDINGS OR OTHER ACTION
29 PROVIDED OR AUTHORIZED BY THIS ARTICLE. NO LESS THAN SIXTY DAYS
30 AFTER THE PUBLICATION OF A REPORT CONTAINING THE RESULTS OF SUCH
19750H1817B3266 - 401 -
1 STUDY, THE COMMISSION UPON DUE NOTICE SHALL HOLD A HEARING OR
2 HEARINGS AT SUCH PLACE OR PLACES AS IT MAY DETERMINE.
3 (B) FOLLOWING THE HEARING OR HEARINGS PROVIDED FOR IN
4 SUBDIVISION (A) OF THIS ARTICLE, AND WITH DUE REGARD FOR
5 STANDARDS RECOMMENDED BY APPROPRIATE PROFESSIONAL AND TECHNICAL
6 ASSOCIATIONS AND AGENCIES, THE COMMISSION MAY ISSUE RULES,
7 REGULATIONS OR CODES EMBODYING PERFORMANCE REQUIREMENTS OR
8 RESTRICTIONS FOR ANY ITEM OR ITEMS OF EQUIPMENT COVERED IN THE
9 REPORT, WHICH IN THE OPINION OF THE COMMISSION WILL BE FAIR AND
10 EQUITABLE AND EFFECTUATE THE PURPOSES OF THIS COMPACT.
11 (C) EACH PARTY STATE OBLIGATES ITSELF TO GIVE DUE
12 CONSIDERATION TO ANY AND ALL RULES, REGULATIONS AND CODES ISSUED
13 BY THE COMMISSION AND HEREBY DECLARES ITS POLICY AND INTENT TO
14 BE THE PROMOTION OF UNIFORMITY IN THE LAWS OF THE SEVERAL PARTY
15 STATES RELATING TO EQUIPMENT.
16 (D) THE COMMISSION SHALL SEND PROMPT NOTICE OF ITS ACTION IN
17 ISSUING ANY RULE, REGULATION OR CODE PURSUANT TO THIS ARTICLE TO
18 THE APPROPRIATE MOTOR VEHICLE AGENCY OF EACH PARTY STATE AND
19 SUCH NOTICE SHALL CONTAIN THE COMPLETE TEXT OF THE RULE,
20 REGULATION OR CODE.
21 (E) IF THE CONSTITUTION OF A PARTY STATE REQUIRES, OR IF ITS
22 STATUTES PROVIDE, THE APPROVAL OF THE LEGISLATURE BY APPROPRIATE
23 RESOLUTION OR ACT MAY BE MADE A CONDITION PRECEDENT TO THE
24 TAKING EFFECT IN SUCH PARTY STATE OF ANY RULE, REGULATION OR
25 CODE. IN SUCH EVENT, THE COMMISSIONER OF SUCH PARTY STATE SHALL
26 SUBMIT ANY COMMISSION RULE, REGULATION OR CODE TO THE
27 LEGISLATURE AS PROMPTLY AS MAY BE IN LIEU OF ADMINISTRATIVE
28 ACCEPTANCE OR REJECTION THEREOF BY THE PARTY STATE.
29 (F) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN OR PURSUANT
30 TO SUBDIVISIONS (E) AND (G) OF THIS ARTICLE, THE APPROPRIATE
19750H1817B3266 - 402 -
1 MOTOR VEHICLE AGENCY OF A PARTY STATE SHALL IN ACCORDANCE WITH
2 ITS CONSTITUTION OR PROCEDURAL LAWS ADOPT THE RULE, REGULATION
3 OR CODE WITHIN SIX MONTHS OF THE SENDING OF THE NOTICE, AND,
4 UPON SUCH ADOPTION, THE RULE, REGULATION OR CODE SHALL HAVE THE
5 FORCE AND EFFECT OF LAW THEREIN.
6 (G) THE APPROPRIATE MOTOR VEHICLE AGENCY OF A PARTY STATE
7 MAY DECLINE TO ADOPT A RULE, REGULATION OR CODE ISSUED BY THE
8 COMMISSION PURSUANT TO THIS ARTICLE, IF SUCH AGENCY SPECIFICALLY
9 FINDS AFTER PUBLIC HEARING ON DUE NOTICE, THAT A VARIATION FROM
10 THE COMMISSION'S RULE, REGULATION OR CODE IS NECESSARY TO THE
11 PUBLIC SAFETY AND INCORPORATES IN SUCH FINDING THE REASONS UPON
12 WHICH IT IS BASED. ANY SUCH FINDING SHALL BE SUBJECT TO REVIEW
13 BY SUCH PROCEDURE FOR REVIEW OF ADMINISTRATIVE DETERMINATIONS AS
14 MAY BE APPLICABLE PURSUANT TO THE LAWS OF THE PARTY STATE. UPON
15 REQUEST, THE COMMISSION SHALL BE FURNISHED WITH A COPY OF THE
16 TRANSCRIPT OF ANY HEARINGS HELD PURSUANT TO THIS SUBDIVISION.
17 ARTICLE VI
18 FINANCE
19 (A) THE COMMISSION SHALL SUBMIT TO THE EXECUTIVE HEAD OR
20 DESIGNATED OFFICER OR OFFICERS OF EACH PARTY STATE A BUDGET OF
21 ITS ESTIMATED EXPENDITURES FOR SUCH PERIOD AS MAY BE REQUIRED BY
22 THE LAWS OF THAT PARTY STATE FOR PRESENTATION TO THE LEGISLATURE
23 THEREOF.
24 (B) EACH OF THE COMMISSION'S BUDGETS OF ESTIMATED
25 EXPENDITURES SHALL CONTAIN SPECIFIC RECOMMENDATIONS OF THE
26 AMOUNT OR AMOUNTS TO BE APPROPRIATED BY EACH OF THE PARTY
27 STATES. THE TOTAL AMOUNT OF APPROPRIATIONS UNDER ANY SUCH BUDGET
28 SHALL BE APPORTIONED AMONG THE PARTY STATES AS FOLLOWS: ONE-
29 THIRD IN EQUAL SHARES; AND THE REMAINDER IN PROPORTION TO THE
30 NUMBER OF MOTOR VEHICLES REGISTERED IN EACH PARTY STATE. IN
19750H1817B3266 - 403 -
1 DETERMINING THE NUMBER OF SUCH REGISTRATIONS, THE COMMISSION MAY
2 EMPLOY SUCH SOURCE OR SOURCES OF INFORMATION AS, IN ITS JUDGMENT
3 PRESENT THE MOST EQUITABLE AND ACCURATE COMPARISONS AMONG THE
4 PARTY STATES. EACH OF THE COMMISSION'S BUDGETS OF ESTIMATED
5 EXPENDITURES AND REQUESTS FOR APPROPRIATIONS SHALL INDICATE THE
6 SOURCE OR SOURCES USED IN OBTAINING INFORMATION CONCERNING
7 VEHICULAR REGISTRATIONS.
8 (C) THE COMMISSION SHALL NOT PLEDGE THE CREDIT OF ANY PARTY
9 STATE. THE COMMISSION MAY MEET ANY OF ITS OBLIGATIONS IN WHOLE
10 OR IN PART WITH FUNDS AVAILABLE TO IT UNDER ARTICLE III (H) OF
11 THIS COMPACT: PROVIDED, THAT THE COMMISSION TAKES SPECIFIC
12 ACTION SETTING ASIDE SUCH FUNDS PRIOR TO INCURRING ANY
13 OBLIGATION TO BE MET IN WHOLE OR IN PART IN SUCH MANNER. EXCEPT
14 WHERE THE COMMISSION MAKES USE OF FUNDS AVAILABLE TO IT UNDER
15 ARTICLE III (H) HEREOF, THE COMMISSION SHALL NOT INCUR ANY
16 OBLIGATION PRIOR TO THE ALLOTMENT OF FUNDS BY THE PARTY STATES
17 ADEQUATE TO MEET THE SAME.
18 (D) THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL
19 RECEIPTS AND DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF
20 THE COMMISSION SHALL BE SUBJECT TO THE AUDIT AND ACCOUNTING
21 PROCEDURES ESTABLISHED UNDER ITS RULES. HOWEVER, ALL RECEIPTS
22 AND DISBURSEMENTS OF FUNDS HANDLED BY THE COMMISSION SHALL BE
23 AUDITED YEARLY BY A QUALIFIED PUBLIC ACCOUNTANT AND THE REPORT
24 OF THE AUDIT SHALL BE INCLUDED IN AND BECOME PART OF THE ANNUAL
25 REPORTS OF THE COMMISSION.
26 (E) THE ACCOUNTS OF THE COMMISSION SHALL BE OPEN AT ANY
27 REASONABLE TIME FOR INSPECTION BY DULY CONSTITUTED OFFICERS OF
28 THE PARTY STATES AND BY ANY PERSONS AUTHORIZED BY THE
29 COMMISSION.
30 (F) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO PREVENT
19750H1817B3266 - 404 -
1 COMMISSION COMPLIANCE WITH LAWS RELATING TO AUDIT OR INSPECTION
2 OF ACCOUNTS BY OR ON BEHALF OF ANY GOVERNMENT CONTRIBUTING TO
3 THE SUPPORT OF THE COMMISSION.
4 ARTICLE VII
5 CONFLICT OF INTEREST
6 (A) THE COMMISSION SHALL ADOPT RULES AND REGULATIONS WITH
7 RESPECT TO CONFLICT OF INTEREST FOR THE COMMISSIONERS OF THE
8 PARTY STATES, AND THEIR ALTERNATES, IF ANY, AND FOR THE STAFF OF
9 THE COMMISSION AND CONTRACTORS WITH THE COMMISSION TO THE END
10 THAT NO MEMBER OR EMPLOYE OR CONTRACTOR SHALL HAVE A PECUNIARY
11 OR OTHER INCOMPATIBLE INTEREST IN THE MANUFACTURE, SALE OR
12 DISTRIBUTION OF MOTOR VEHICLES OR VEHICULAR EQUIPMENT OR IN ANY
13 FACILITY OR ENTERPRISE EMPLOYED BY THE COMMISSION OR ON ITS
14 BEHALF FOR TESTING, CONDUCT OF INVESTIGATION OR RESEARCH. IN
15 ADDITION TO ANY PENALTY FOR VIOLATION OF SUCH RULES AND
16 REGULATIONS AS MAY BE APPLICABLE UNDER THE LAWS OF THE
17 VIOLATOR'S JURISDICTION OF RESIDENCE, EMPLOYMENT OR BUSINESS,
18 ANY VIOLATION OF A COMMISSION RULE OR REGULATION ADOPTED
19 PURSUANT TO THIS ARTICLE SHALL REQUIRE THE IMMEDIATE DISCHARGE
20 OF ANY VIOLATING EMPLOYE AND THE IMMEDIATE VACATING OF
21 MEMBERSHIP, OR RELINQUISHING OF STATUS AS A MEMBER ON THE
22 COMMISSION BY ANY COMMISSIONER OR ALTERNATE. IN THE CASE OF A
23 CONTRACTOR, ANY VIOLATION OF ANY SUCH RULE OR REGULATION SHALL
24 MAKE ANY CONTRACT OF THE VIOLATOR WITH THE COMMISSION SUBJECT TO
25 CANCELLATION BY THE COMMISSION.
26 (B) NOTHING CONTAINED IN THIS ARTICLE SHALL BE DEEMED TO
27 PREVENT A CONTRACTOR FOR THE COMMISSION FROM USING ANY
28 FACILITIES SUBJECT TO HIS CONTROL IN THE PERFORMANCE OF THE
29 CONTRACT EVEN THOUGH SUCH FACILITIES ARE NOT DEVOTED SOLELY TO
30 WORK OF OR DONE ON BEHALF OF THE COMMISSION; NOR TO PREVENT SUCH
19750H1817B3266 - 405 -
1 A CONTRACTOR FROM RECEIVING REMUNERATION OR PROFIT FROM THE USE
2 OF SUCH FACILITIES.
3 ARTICLE VIII
4 ADVISORY AND TECHNICAL COMMITTEES
5 THE COMMISSION MAY ESTABLISH SUCH ADVISORY AND TECHNICAL
6 COMMITTEES AS IT MAY DEEM NECESSARY, MEMBERSHIP ON WHICH MAY
7 INCLUDE PRIVATE CITIZENS AND PUBLIC OFFICIALS, AND MAY COOPERATE
8 WITH AND USE THE SERVICES OF ANY SUCH COMMITTEES AND THE
9 ORGANIZATIONS WHICH THE MEMBERS REPRESENT IN FURTHERING ANY OF
10 ITS ACTIVITIES.
11 ARTICLE IX
12 ENTRY INTO FORCE AND WITHDRAWAL
13 (A) THIS COMPACT SHALL ENTER INTO FORCE WHEN ENACTED INTO
14 LAW BY ANY SIX OR MORE STATES. THEREAFTER, THIS COMPACT SHALL
15 BECOME EFFECTIVE AS TO ANY OTHER STATE UPON ITS ENACTMENT
16 THEREOF.
17 (B) ANY PARTY STATE MAY WITHDRAW FROM THIS COMPACT BY
18 ENACTING A STATUTE REPEALING THE SAME, BUT NO SUCH WITHDRAWAL
19 SHALL TAKE EFFECT UNTIL ONE YEAR AFTER THE EXECUTIVE HEAD OF THE
20 WITHDRAWING STATE HAS GIVEN NOTICE IN WRITING OF THE WITHDRAWAL
21 TO THE EXECUTIVE HEADS OF ALL OTHER PARTY STATES. NO WITHDRAWAL
22 SHALL AFFECT ANY LIABILITY ALREADY INCURRED BY OR CHARGEABLE TO
23 A PARTY STATE PRIOR TO THE TIME OF SUCH WITHDRAWAL.
24 ARTICLE X
25 CONSTRUCTION AND SEVERABILITY
26 THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE
27 THE PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE
28 SEVERABLE AND IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF
29 THIS COMPACT IS DECLARED TO BE CONTRARY TO THE CONSTITUTION OF
30 ANY STATE OR OF THE UNITED STATES OR THE APPLICABILITY THEREOF
19750H1817B3266 - 406 -
1 TO ANY GOVERNMENT, AGENCY, PERSON OR CIRCUMSTANCE IS HELD
2 INVALID, THE VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE
3 APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR
4 CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF THIS COMPACT
5 SHALL BE HELD CONTRARY TO THE CONSTITUTION OF ANY STATE
6 PARTICIPATING HEREIN, THE COMPACT SHALL REMAIN IN FULL FORCE AND
7 EFFECT AS TO THE REMAINING PARTY STATES AND IN FULL FORCE AND
8 EFFECT AS TO THE STATE AFFECTED AS TO ALL SEVERABLE MATTERS.
9 § 8112. LEGISLATIVE FINDINGS.
10 THE GENERAL ASSEMBLY FINDS THAT:
11 (1) THE PUBLIC SAFETY NECESSITATES THE CONTINUOUS
12 DEVELOPMENT, MODERNIZATION AND IMPLEMENTATION OF STANDARDS
13 AND REQUIREMENTS OF LAW RELATING TO VEHICLE EQUIPMENT IN
14 ACCORDANCE WITH EXPERT KNOWLEDGE AND OPINION.
15 (2) THE PUBLIC SAFETY FURTHER REQUIRED THAT SUCH
16 STANDARDS AND REQUIREMENTS BE UNIFORM FROM JURISDICTION TO
17 JURISDICTION EXCEPT TO THE EXTENT THAT SPECIFIC AND
18 COMPELLING EVIDENCE SUPPORTS VARIATION.
19 (3) THE DEPARTMENT OF TRANSPORTATION, ACTING UPON
20 RECOMMENDATIONS OF THE VEHICLE EQUIPMENT SAFETY COMMISSION
21 AND PURSUANT TO THE VEHICLE EQUIPMENT SAFETY COMPACT,
22 PROVIDES A JUST, EQUITABLE AND ORDERLY MEANS OF PROMOTING THE
23 PUBLIC SAFETY IN THE MANNER AND WITHIN THE SCOPE CONTEMPLATED
24 BY THIS SUBCHAPTER.
25 § 8113. APPLICABILITY OF OTHER PROVISIONS OF TITLE.
26 ANY OTHER PROVISION OF THIS TITLE SHALL CONTINUE TO BE OF
27 FORCE AND EFFECT ONLY UNTIL SUPERSEDED BY A RULE, REGULATION OR
28 CODE ADOPTED BY THE DEPARTMENT OF TRANSPORTATION PURSUANT TO THE
29 VEHICLE EQUIPMENT SAFETY COMPACT. ANY SUCH RULE, REGULATION OR
30 CODE SHALL SPECIFY THE PROVISION OR PROVISIONS OF EXISTING
19750H1817B3266 - 407 -
1 STATUTE BEING SUPERSEDED IN ACCORDANCE WITH AND AS REQUIRED BY
2 THIS SUBCHAPTER. ANY SUCH PROVISION OR PROVISIONS ARE HEREBY
3 REPEALED, EFFECTIVE ON THE DATE WHEN THE RULE, REGULATION OR
4 CODE SUPERSEDING SUCH PROVISION OR PROVISIONS BECOMES EFFECTIVE
5 PURSUANT TO THE VEHICLE EQUIPMENT SAFETY COMPACT, BUT ANY
6 VIOLATIONS OCCURRING BEFORE THE SAID DATE SHALL BE PROSECUTED
7 UNDER THE OTHER PROVISIONS OF THIS TITLE.
8 § 8114. STATUTORY APPROVAL OF COMMISSION RULE, REGULATION OR
9 CODE.
10 PURSUANT TO ARTICLE V (E) OF THE VEHICLE EQUIPMENT SAFETY
11 COMPACT, IT IS THE INTENTION OF THE GENERAL ASSEMBLY AND IT IS
12 HEREBY PROVIDED THAT NO RULE, REGULATION OR CODE ISSUED BY THE
13 VEHICLE EQUIPMENT SAFETY COMMISSION IN ACCORDANCE WITH ARTICLE V
14 OF THE COMPACT SHALL TAKE EFFECT UNTIL APPROVED BY STATUTE.
15 § 8115. SECRETARY OF TRANSPORTATION TO BE COMMISSIONER.
16 (A) GENERAL RULE.-- THE COMMISSIONER OF THIS STATE ON THE
17 VEHICLE EQUIPMENT SAFETY COMMISSION SHALL BE THE SECRETARY OF
18 TRANSPORTATION WHO SHALL SERVE DURING HIS CONTINUANCE AS THE
19 SECRETARY.
20 (B) APPOINTMENT AND AUTHORITY OF ALTERNATE.--THE
21 COMMISSIONER OF THIS STATE APPOINTED PURSUANT TO THIS SECTION
22 MAY DESIGNATE AN ALTERNATE FROM AMONG THE OFFICERS AND EMPLOYEES
23 OF THE DEPARTMENT TO SERVE IN HIS PLACE AND STEAD ON THE VEHICLE
24 EQUIPMENT SAFETY COMMISSION. SUBJECT TO THE PROVISIONS OF THE
25 COMPACT AND BYLAWS OF THE VEHICLE EQUIPMENT SAFETY COMMISSION,
26 THE AUTHORITY AND RESPONSIBILITIES OF SUCH ALTERNATE SHALL BE AS
27 DETERMINED BY THE COMMISSIONER DESIGNATING SUCH ALTERNATE.
28 § 8116. STATE EMPLOYEES RETIREMENT COVERAGE FOR COMMISSION
29 EMPLOYEES.
30 THE STATE EMPLOYEES' RETIREMENT SYSTEM MAY MAKE AN AGREEMENT
19750H1817B3266 - 408 -
1 WITH THE VEHICLE EQUIPMENT SAFETY COMMISSION FOR THE COVERAGE OF
2 THE COMMISSION'S EMPLOYEES PURSUANT TO ARTICLE III (F) OF THE
3 COMPACT. ANY SUCH AGREEMENT, AS NEARLY AS MAY BE, SHALL PROVIDE
4 FOR ARRANGEMENTS SIMILAR TO THOSE AVAILABLE TO THE EMPLOYEES OF
5 THIS STATE AND SHALL BE SUBJECT TO AMENDMENT OR TERMINATION IN
6 ACCORDANCE WITH ITS TERMS.
7 § 8117. COOPERATION OF STATE AGENCIES WITH COMMISSION.
8 WITHIN APPROPRIATIONS AVAILABLE THEREFOR, THE DEPARTMENTS,
9 AGENCIES AND OFFICERS OF THE GOVERNMENT OF THIS STATE MAY
10 COOPERATE WITH AND ASSIST THE VEHICLE EQUIPMENT SAFETY
11 COMMISSION WITHIN THE SCOPE CONTEMPLATED BY ARTICLE III (H) OF
12 THE COMPACT. THE DEPARTMENTS, AGENCIES AND OFFICERS OF THE
13 GOVERNMENT OF THIS STATE ARE AUTHORIZED GENERALLY TO COOPERATE
14 WITH SAID COMMISSION.
15 § 8118. DOCUMENT FILINGS AND NOTICES UNDER BYLAWS.
16 FILING OF DOCUMENTS AS REQUIRED BY ARTICLE III (J) OF THE
17 COMPACT SHALL BE WITH THE DEPARTMENT OF TRANSPORTATION. ANY AND
18 ALL NOTICES REQUIRED BY COMMISSION BYLAWS TO BE GIVEN PURSUANT
19 TO ARTICLE III (J) OF THE COMPACT SHALL BE GIVEN TO THE
20 COMMISSIONER OF THIS STATE OR HIS ALTERNATE, IF ANY.
21 § 8119. SUBMISSION OF COMMISSION BUDGETS.
22 PURSUANT TO ARTICLE VI (A) OF THE COMPACT, THE VEHICLE
23 EQUIPMENT SAFETY COMMISSION SHALL SUBMIT ITS BUDGETS TO THE
24 DEPARTMENT OF TRANSPORTATION.
25 § 8120. INSPECTION OF COMMISSION ACCOUNTS BY AUDITOR GENERAL.
26 PURSUANT TO ARTICLE VI (E) OF THE COMPACT, THE AUDITOR
27 GENERAL IS HEREBY EMPOWERED AND AUTHORIZED TO INSPECT THE
28 ACCOUNTS OF THE VEHICLE EQUIPMENT SAFETY COMMISSION.
29 § 8121. GOVERNOR AS EXECUTIVE HEAD.
30 THE TERM "EXECUTIVE HEAD" AS USED IN ARTICLE IX (B) OF THE
19750H1817B3266 - 409 -
1 COMPACT SHALL, WITH REFERENCE TO THIS STATE, MEAN THE GOVERNOR.
2 § 8122. PENALTY FOR VIOLATION OF COMPACT.
3 ANY PERSON VIOLATING THE PROVISIONS OF ARTICLE VII OF THE
4 COMPACT AND RULES MADE PURSUANT THERETO IS GUILTY OF A
5 MISDEMEANOR OF THE THIRD DEGREE.
6 Section 2. Transition Provisions.
7 (a) Existing points.--All points assigned to the records of <--
8 licensed persons under former sections 618(b)(2) and 619.1 of
9 the act of April 29, 1959 (P.L.58, No.32), known as "The Vehicle
10 Code," shall be deleted from the records of the licensees and
11 thereafter may not be used as a basis for suspension of
12 operating privileges. The department shall return the licenses
13 of all drivers who are serving suspensions under section
14 618(b)(2) or 619.1. Such drivers shall not drive until they have
15 received their licenses.
16 (b) Purge of records.--All records of suspensions and
17 convictions under former sections 618(b)(2) and 619.1 of "The
18 Vehicle Code," shall be deleted from the records of the licensee
19 and shall not constitute prior suspensions for the purpose of
20 determining the length of suspensions under 75 Pa.C.S. § 1539.
21 The department shall purge its files of all such records.
22 (A) SUSPENSIONS.--ALL SUSPENSIONS ORDERED BY THE SECRETARY <--
23 OF TRANSPORTATION UNDER FORMER SECTION 618(B)(2) OF THE ACT OF
24 APRIL 29, 1959 (P.L.58, NO.32), KNOWN AS "THE VEHICLE CODE," ARE
25 RESCINDED AS OF THE EFFECTIVE DATE OF THE POINT SYSTEM AS SET
26 FORTH IN SECTION 7 OF THIS ACT AND THE SECRETARY SHALL NOT ORDER
27 ANY FURTHER SUSPENSIONS UNDER FORMER SECTION 618(B)(2) FOR
28 VIOLATIONS COMMITTED PRIOR TO SUCH EFFECTIVE DATE.
29 (B) POINTS.--ALL POINTS ASSIGNED TO THE RECORDS OF LICENSED
30 PERSONS UNDER FORMER SECTION 619.1 OF "THE VEHICLE CODE," SHALL
19750H1817B3266 - 410 -
1 BE DELETED FROM THE RECORDS OF THE LICENSEES AND THEREAFTER MAY
2 NOT BE USED AS A BASIS FOR SUSPENSION OF OPERATING PRIVILEGES
3 AND NO POINTS SHALL BE ADDED TO THE RECORDS OF ANY LICENSEES ON
4 ACCOUNT OF ANY VIOLATIONS COMMITTED PRIOR TO THE EFFECTIVE DATE
5 OF THE POINT SYSTEM AS SET FORTH IN SECTION 7 OF THIS ACT.
6 (C) RETURN OF SUSPENDED LICENSES.--THE DEPARTMENT SHALL
7 RETURN THE LICENSES OF ALL DRIVERS WHO ARE SERVING SUSPENSIONS
8 UNDER FORMER SECTIONS 618(B)(2) OR 619.1 OF "THE VEHICLE CODE."
9 SUCH DRIVERS SHALL NOT DRIVE UNTIL THEY HAVE RECEIVED THEIR
10 LICENSES.
11 (c) (D) Implementing regulations.--Immediately upon the <--
12 final enactment of this act, the Department of Transportation
13 shall promulgate regulations to implement the provisions of 75
14 Pa.C.S. §§ 1535 through 1539 by assigning points as prescribed
15 in 75 Pa.C.S. § 1535(a) for similar violations occurring prior
16 to the effective date of this act under the act of April 29,
17 1959 (P.L.58, No.32), known as "The Vehicle Code." The
18 regulations may be promulgated without compliance with statutory
19 requirements relating to notice of proposed rule making and
20 public hearings, may be made effective immediately upon
21 publication in the Pennsylvania Bulletin and may be made
22 retroactive to the date of final enactment of this act.
23 (d) (E) Staggered registration renewal system.--The system <--
24 of staggered registration renewal provided for in 75 Pa.C.S. §
25 1307 (relating to period of registration) as added by this act
26 shall be implemented during a period of 18 months beginning six
27 months from the date of final enactment of this act in
28 coordination with the expiration of registration periods for
29 various types of vehicles under existing law.
30 (F) COLORED PHOTO ON DRIVER'S LICENSE.--THE REQUIREMENT FOR <--
19750H1817B3266 - 411 -
1 A COLOR PHOTOGRAPH ON A DRIVER'S LICENSE PROVIDED FOR IN 75
2 PA.C.S. § 1510 (RELATING TO ISSUANCE AND CONTENT OF DRIVER'S
3 LICENSE) AS ADDED BY THIS ACT SHALL BE IMPLEMENTED DURING A
4 PERIOD OF TWO YEARS BEGINNING ON THE DATE OF FINAL ENACTMENT OF
5 THIS ACT.
6 (e) (G) Exemption of existing drivers from examination.--At <--
7 the time of the first renewal following the effective date of
8 this act, a driver holding a valid driver's license issued by
9 the department may have the renewed driver's license endorsed
10 with one or more classes of vehicles based on experience in
11 driving the classes of vehicles without undergoing an
12 examination.
13 Section 3. Saving Provision.--The provisions of Title 75 of
14 the Pennsylvania Consolidated Statutes as added by this act
15 shall not affect any act done, liability incurred, or right
16 accrued or vested, or affect any suit or prosecution pending or
17 to be instituted to enforce any right or penalty, or punish any
18 offense, under the authority of any statute repealed by this
19 act.
20 Section 4. Severability.--If any provision of this act or
21 the application thereof to any person or circumstances is held
22 invalid, such invalidity shall not affect other provisions or
23 applications of the act which can be given effect without the
24 invalid provision or application, and to this end the provisions
25 of this act are declared to be severable.
26 Section 5. Applicability of Statutory Construction Act.--The
27 provisions of 1 Pa.C.S. §§ 1952 (relating to effect of separate
28 amendments on code provisions enacted by same General Assembly)
29 and 1974 (relating to effect of separate repeals on code
30 provisions by same General Assembly) shall not be applicable to
19750H1817B3266 - 412 -
1 any provisions of Title 75 of the Pennsylvania Consolidated
2 Statutes as added by this act or any act repealed by this act.
3 Section 6. Repeals.
4 (a) Specific repeals.--The following acts are repealed:
5 Act of April 23, 1889 (P.L.44, No.43), entitled "An act
6 defining the rights and regulating the use of bicycles and
7 tricycles."
8 ACT OF APRIL 1, 1925 (P.L.100, NO.71), ENTITLED "AN ACT <--
9 MAKING IT UNLAWFUL TO DRIVE OVER CERTAIN INTER-STATE BRIDGES
10 WITH LOADS OF EXCESSIVE WEIGHT; AND INFLICTING PENALTIES."
11 Act of May 14, 1929 (P.L.1721, No.563), entitled, as amended,
12 "An act providing for the service of process in civil suits on
13 nonresident operators, nonresident owners or nonresident persons
14 in whose behalf a motor vehicle or motor boat is being operated
15 or motor vehicles or motor boats operated within the
16 Commonwealth of Pennsylvania; and making the operation of such a
17 motor vehicle or motor boat on the public highways or on inland
18 or tidal waters of the Commonwealth of Pennsylvania the
19 equivalent of the appointment of the Secretary of the
20 Commonwealth of the Commonwealth of Pennsylvania as the agent of
21 the said nonresident, upon whom civil process may be served; and
22 providing for further notice to the defendant in any such suit."
23 ACT OF MAY 10, 1951 (P.L.275, NO.48), ENTITLED "AN ACT <--
24 AUTHORIZING, IN CERTAIN CASES, THE RENEWAL OF MOTOR VEHICLE
25 OPERATORS' LICENSES FOR PERSONS HONORABLY DISCHARGED FROM THE
26 ARMED FORCES OF THE UNITED STATES OR FROM ANY WOMEN'S
27 ORGANIZATION OFFICIALLY CONNECTED THEREWITH, WITHOUT A LEARNER'S
28 PERMIT, EXAMINATION OR ADDITIONAL FEE; AND WHILE IN SUCH
29 SERVICE, THE OPERATION OF MOTOR VEHICLES WITHOUT RENEWAL OF
30 OPERATOR'S LICENSE; AND THE TEMPORARY SUSPENSION OF EXISTING
19750H1817B3266 - 413 -
1 LAWS REQUIRING THE SAME."
2 Act of April 29, 1959 (P.L.58, No.32), known as "The Vehicle
3 Code."
4 ACT OF AUGUST 1, 1963 (P.L.479, NO.250), ENTITLED "AN ACT <--
5 PROVIDING FOR A SYSTEM OF REGISTRATION OF MOTOR BUSES AND
6 OMNIBUSES ON A PRORATION BASIS AMONG STATES ADOPTING THE SAME
7 PROCEDURE."
8 ACT OF AUGUST 6, 1963 (P.L.536, NO.286), ENTITLED "AN ACT
9 PROVIDING FOR THE ENTRY OF THE COMMONWEALTH INTO A COMPACT WITH
10 OTHER STATES RELATING TO VEHICLE SAFETY EQUIPMENT AND IMPOSING
11 POWERS AND DUTIES ON THE DEPARTMENT OF REVENUE, THE AUDITOR
12 GENERAL AND THE GOVERNOR IN RELATION THERETO."
13 ACT OF AUGUST 12, 1971 (P.L.299, NO.75), ENTITLED "AN ACT
14 REGULATING SNOWMOBILES, PROVIDING FOR REGISTRATIONS AND FEES,
15 AND PROVIDING PENALTIES."
16 (b) General repeal.--All other acts and parts of acts are
17 repealed in so far as they are inconsistent herewith.
18 Section 7. Effective Date.
19 (a) General rule.--Except as otherwise provided in this
20 section, this act shall take effect January JULY 1, 1977. <--
21 (b) Point system.--Sections 1535 (relating to schedule of
22 convictions and points) through 1539 (relating to suspension of
23 operating privilege on accumulation of points) and section 1541
24 (relating to period of revocation or suspension of operating
25 privilege) through 1545 (relating to additional period of <--
26 revocation or suspension) 1546 (RELATING TO RESTORATION OF <--
27 OPERATING PRIVILEGE) of Title 75 as added by this act shall
28 take effect immediately.
29 (c) Removal of vehicles.--Section 3352 of Title 75 (relating
30 to removal of vehicle by or at direction of police) as added by
19750H1817B3266 - 414 -
1 this act shall take effect immediately.
2 (d) Sale, publication and disclosure of records.--Section
3 6114 6113 of Title 75 (relating to limitation on sale, <--
4 publication and disclosure of records) as added by this act
5 shall take effect immediately.
6 (e) Erection of traffic-control devices.--Section 6122 of <--
7 Title 75 (relating to authority to erect traffic-control
8 devices) as added by this act shall take effect July 1, 1977.
J1L61BLRB/19750H1817B3266 - 415 -