PRIOR PRINTER'S NO. 1378 PRINTER'S NO. 1534
No. 1171 Session of 1977
INTRODUCED BY MESSRS. BELLOMINI AND DININNI, MAY 25, 1977
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 13, 1977
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, making omnibus changes.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. The definitions of "abandoned vehicle," "bus,"
6 "classic motor vehicle," "driver," "EMERGENCY VEHICLE," "motor- <--
7 driven cycle," "motorized pedalcycle," "passenger car,"
8 "reconstructed vehicle," "roadway," "valueless except for junk"
9 and "vehicle" in section 102, sections 1102, 1103(a), (b), (d)
10 and (e), 1111(a), 1113(a) and (c), 1114(b), 1117(a), (d), (E) <--
11 and (f), 1118(f), 1301, 1302, 1304(d), 1305(a), 1306, 1307(e),
12 1309, 1311, 1313(c), 1333(c), 1334(a), 1337(a) AND (C), 1338, <--
13 1340, 1342, 1344, 1373, 1374(a), 1502(3), 1503, 1504(d), 1505(b)
14 and (c), 1507(d), 1509(a), 1511, 1513(a), 1514, 1515, 1519,
15 1532, 1533, 1534, 1535, 1538(b) and (d), 1539(c), 1540, 1541(a)
16 and (c), 1542(b), (c), (d) and (e), 1543, 1545, 1547(a), (b) and
17 (d), 1549(b), 1550, 1551, 1571, 1572, 1573, 1901(a), (B) and <--
18 (c), 1914, 1915, 1916, 1917, 1919, 1923, 1926(c), 1943(b), 1944,
1 1945, 1946, 1947, 1951, 1953, 1955(a), 1957, 1958, 3101, 3105(c) <--
2 AND (D), 3112(a), 3307(a) and (b), 3331(b), 3334(b) 3335, 3345, <--
3 3351(a), 3352, 3353(a) and (e), 3354(d) and (e), 3363, 3364(c),
4 3365(a) and (c), 3367(b), 3502, 3504, 3507(a), 3522(a), 3525(a),
5 3706, 3709, 3711(b), 3746(c), 3749(b) and (c), 3751(b), 3752,
6 4103, 4107(a), 4303(c), 4502, 4524(d), 4552(e), 4553(b), 4571,
7 4702, 4703, 4704(a), 4727(a), 4729, 4902(d) and (e), 4903(c),
8 4904(c), 4921, 4924(a), 4943(b), 4944, 4946(a), 4962(b) and (d),
9 4965, 4981(a), (c) and (d), 4982, 6104(a), 6105, 6109(a) and
10 (e), 6112, 6122(a) and (e), 6301, 6305(a), 6306, 6308, 6322(a),
11 6323, 6327, 6342, 6503, 6504, 6505, 7102, 7103, 7105, 7113(a), <--
12 7116, 7121, 7122, 7123, 7301(d), 7306, 7309(c), 7502(c) and 7703
13 of Title 75, act of November 25, 1970 (P.L.707, No.230), known
14 as the Pennsylvania Consolidated Statutes, added June 17, 1976
15 (P.L.162, No.81), are amended, and the definitions of "church"
16 and "recreational vehicle" in section 102, sections 1336(c),
17 1505(e), 1538(e), 1550, 1552, 1944, 1948, 1960, 3111(e),
18 3342(d), 3346, 3505(e), 4305(d), 4552(i), 4942(d) and 6506 are
19 added to read:
20 § 102. Definitions.
21 Subject to additional definitions contained in subsequent
22 provisions of this title which are applicable to specific
23 provisions of this title, the following words and phrases when
24 used in this title shall have, unless the content clearly
25 indicates otherwise, the meanings given to them in this section:
26 "Abandoned vehicle."
27 (1) A vehicle (other than a pedalcycle):
28 (i) that is inoperable and is left unattended on
29 public property for more than 48 hours;
30 (ii) that has remained illegally on public property
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1 for a period of more than 48 hours;
2 (iii) [without] which does not have both a valid
3 registration plate [or] and certificate of inspection [or
4 title] left unattended on [or along] a highway; or
5 (iv) that has remained on private property without
6 the consent of the owner or person in control of the
7 property for more than 48 hours.
8 (2) Vehicles and equipment used or to be used in
9 construction or in the operation or maintenance of public
10 utility facilities, which are left in a manner which does not
11 interfere with the normal movement of traffic, shall not be
12 considered to be abandoned.
13 * * *
14 "Bus." A motor vehicle designed for carrying more than ten
15 passengers, exclusive of the driver, and used for the
16 transportation of persons and [a] any other motor vehicle [,
17 other than a taxicab, designed and] used for the transportation
18 of persons for compensation. The term does not include a taxi or
19 a vehicle used in a carpool.
20 * * *
21 "Church." An organization for religious purposes which
22 exists for the predominant purpose of holding, conducting or
23 sponsoring religious activities or religious education, without
24 pecuniary benefit to any officer, member or shareholder except
25 as reasonable compensation for actual services rendered to the
26 organization.
27 "[Classic] Historic motor vehicle." A self-propelled
28 vehicle, but not a reproduction thereof, manufactured more than
29 ten years prior to the current year and, because of discontinued
30 production and limited availability, determined by the
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1 department to be a model or make of significant value to
2 collectors or exhibitors and which has been maintained in or
3 restored to a condition which is substantially in conformity
4 with manufacturer specifications and appearance.
5 * * *
6 "Driver." A person who drives or is in actual physical
7 control of a motor vehicle.
8 * * *
9 "EMERGENCY VEHICLE." A FIRE DEPARTMENT VEHICLE, POLICE <--
10 VEHICLE, AMBULANCE, BLOOD-DELIVERY VEHICLE, ARMED FORCES
11 EMERGENCY VEHICLE, ONE PRIVATE VEHICLE OF A FIRE OR POLICE CHIEF
12 OR ASSISTANT CHIEF OR AMBULANCE CORPS COMMANDER OR ASSISTANT
13 COMMANDER OR OF A RIVER RESCUE COMMANDER OR CORONER USED FOR
14 ANSWERING EMERGENCY CALLS OR OTHER VEHICLE DESIGNATED BY THE
15 STATE POLICE UNDER SECTION 6106 (RELATING TO DESIGNATION OF
16 EMERGENCY VEHICLES BY PENNSYLVANIA STATE POLICE).
17 * * *
18 ["Motor-driven cycle." A motorcycle, including a motor
19 scooter, with a motor which produces not to exceed five brake
20 horsepower, and every pedalcycle with motor attached.]
21 "Motorized pedalcycle." A [motor-driven cycle] motorcycle
22 equipped with operable pedals, a motor rated no more than 1.5
23 brake horsepower, a cylinder capacity not exceeding 50 cubic
24 centimeters, an automatic transmission, and a maximum design
25 speed of no more than 25 miles per hour.
26 "Passenger car." A motor vehicle, except a motorcycle or
27 taxi, designed primarily for carrying ten passengers or less,
28 and primarily used for the transportation of persons.
29 * * *
30 "Reconstructed vehicle." A vehicle materially altered from
19770H1171B1534 - 4 -
1 its original construction by the removal, addition or
2 substitution of essential parts, new or used, or a vehicle,
3 other than an antique or [classic] historic vehicle, for which a
4 certificate of junk was issued and is thereafter restored to
5 operating condition.
6 * * *
7 "Recreational vehicle." A vehicular type unit primarily
8 designed as temporary living quarters for recreation, camping or
9 travel use which either has its own motive power or is drawn by
10 another vehicle.
11 * * *
12 "Roadway." That portion of a highway improved, designed or
13 ordinarily used for vehicular travel, exclusive of the
14 sidewalk[, berm] or shoulder even though such sidewalk[, berm]
15 or shoulder is used by pedalcycles. In the event a highway
16 includes two or more separate roadways the term "roadway" refers
17 to each roadway separately but not to all such roadways
18 collectively.
19 * * *
20 "Valueless except for junk." A vehicle which is inoperable
21 or unable to meet the vehicle equipment and inspection standards
22 under Part IV (relating to vehicle characteristics) to the
23 extent that the cost of repairs would exceed the value of the
24 repaired vehicle. The term does not include a vehicle which
25 would qualify as an antique or [classic] historic vehicle except
26 for its lack of restoration or maintenance.
27 "Vehicle." Every device [in, upon or by] which [any person
28 or property] is or may be [transported] moved or drawn upon a
29 highway, except devices used exclusively upon rails or tracks.
30 * * *
19770H1171B1534 - 5 -
1 § 1102. Vehicles not requiring certificate of title.
2 No certificate of title shall be issued for:
3 (1) A vehicle owned by the United States unless it is
4 registered in this Commonwealth.
5 (2) A golf cart, [motor-driven cycle] motorized
6 pedalcycle, go-cart or other similar vehicle unless it is
7 registered in this Commonwealth.
8 (3) A new vehicle owned by a manufacturer or registered
9 dealer before and until sale.
10 (4) A vehicle owned by a nonresident of this
11 Commonwealth and not required by law to be registered in this
12 Commonwealth.
13 (5) A vehicle owned by a resident legally required to be
14 registered in another state, based and used principally
15 outside of this Commonwealth, and not required by law to be
16 registered in this Commonwealth.
17 (6) A vehicle regularly engaged in the interstate
18 transportation of persons or property for which a currently
19 effective certificate of title has been issued in another
20 state.
21 (7) A vehicle moved solely by human or animal power.
22 (8) An implement of husbandry unless required to be
23 registered.
24 (9) Special mobile equipment unless required to be
25 registered.
26 (10) A mobile home.
27 (11) A riding lawnmower with an engine not exceeding 16
28 h.p.
29 § 1103. Application for certificate of title.
30 (a) Contents of application.--Application for a certificate
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1 of title shall be made upon a form prescribed and furnished by
2 the department and shall contain a full description of the
3 vehicle, the vehicle identification number, date of purchase,
4 the actual or bona fide name and address of the owner, a
5 statement of the title of applicant, together with any other
6 information or documents the department requires to identify the
7 vehicle and to enable the department to determine whether the
8 owner is entitled to a certificate of title and the [amount and]
9 description of any security interests in the vehicle.
10 (b) Signing and filing of application.--Application for a
11 certificate of title shall be made within [ten] five days of the
12 sale or transfer of a vehicle or its entry into this
13 Commonwealth from another jurisdiction, whichever is later. The
14 application shall be accompanied by the fee prescribed in this
15 title, and any tax payable by the applicant under the laws of
16 this Commonwealth in connection with the acquisition or use of a
17 vehicle or evidence to show that the tax has been collected. The
18 application shall be signed and verified by oath or affirmation
19 by the applicant if a natural person; in the case of an
20 association or partnership, by a member or a partner; and in the
21 case of a corporation, by an executive officer or some person
22 specifically authorized by the corporation to sign the
23 application.
24 * * *
25 (d) Vehicles purchased from dealers.--If the application
26 refers to a vehicle purchased from a dealer, the dealer shall
27 mail or deliver the application to the department within [ten]
28 five days of the date of purchase. The application shall contain
29 the names and addresses of any lienholders in order of priority,
30 [the amounts and] the dates of the security agreements, and be
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1 assigned by the dealer to the owner and signed by the owner. Any
2 dealer violating this subsection is guilty of a summary offense
3 and shall, upon conviction, be sentenced to pay a fine of $50
4 for each violation. The requirement that the dealer mail or
5 deliver the application to the department does not apply to
6 vehicles purchased by fleet owners or governmental or quasi-
7 governmental agencies.
8 (e) Out-of-state vehicles.--If the application refers to a
9 vehicle purchased or last previously titled or registered in
10 another state or country, the following information shall be
11 contained in or accompany the application or be forwarded in
12 support of the application as required by the department:
13 (1) Any certificate of title issued by the other state
14 or country.
15 (2) A tracing or photograph of the vehicle
16 identification number taken from the official number plate
17 or, where it is impossible to secure a legible tracing or
18 photograph, the verification of a person authorized by the
19 department that the vehicle identification number of the
20 vehicle has been inspected and found to conform to the
21 description given in the application.
22 (3) Any other information and documents the department
23 reasonably requires to establish the ownership of the vehicle
24 and the existence or nonexistence of security interests in
25 the vehicle.
26 * * *
27 § 1111. Transfer of ownership of vehicle.
28 (a) Duty of transferor.--In the event of the sale or
29 transfer of the ownership of a vehicle within this Commonwealth,
30 the owner shall execute an assignment and warranty of title to
19770H1171B1534 - 8 -
1 the transferee in the space provided on the certificate or as
2 the department prescribes, sworn to before a notary public or
3 other officer empowered to administer oaths, and deliver the
4 certificate to the transferee [at the time of the delivery of
5 the vehicle] immediately.
6 * * *
7 § 1113. Transfer to or from manufacturer or dealer.
8 (a) Transfer to manufacturer or dealer.--When the purchaser
9 or transferee of a vehicle is a manufacturer or registered
10 dealer who holds the vehicle for resale, a certificate of title
11 need not be applied for as provided for in section 1111
12 (relating to transfer of ownership of vehicle) but the
13 transferee shall, within [seven] five days from the date of
14 assignment of the certificate of title to the manufacturer or
15 dealer, forward to the department, upon a form prescribed and
16 furnished by the department, notification of the acquisition of
17 the vehicle. Notification as authorized in this section may not
18 be used in excess of three consecutive transactions after which
19 time an application shall be made for a certificate of title.
20 * * *
21 (c) Transfer from manufacturer or dealer.--[The manufacturer
22 or dealer, upon transferring his interest in the vehicle, shall,
23 except] Except as otherwise provided in this section, when the
24 transferee is another manufacturer or dealer:
25 (1) The manufacturer or dealer upon transferring their
26 interest in the vehicle shall execute an assignment and
27 warranty of title to the transferee in the space provided on
28 the certificate or as the department prescribes.
29 (2) The transferee shall complete the application for
30 certificate of title in the name of the transferee.
19770H1171B1534 - 9 -
1 [The] (3) The manufacturer or dealer shall forward the
2 certificate of title and any other required forms shall be
3 forwarded by the dealer or manufacturer to the department
4 within five days of the transfer.
5 * * *
6 § 1114. Transfer of vehicle by operation of law.
7 * * *
8 (b) Transfer to surviving spouse.--Transfer of a certificate
9 of title to a surviving spouse, or any person designated by the
10 spouse, may be made without the necessity of filing for letters
11 of administration notwithstanding the fact that there are
12 [minor] children or other heirs surviving the decedent provided
13 the surviving spouse files an affidavit that all the debts of
14 the decedent have been paid. The provisions of this subsection
15 shall not supersede the bequest of a vehicle to another person.
16 * * *
17 § 1117. Vehicle destroyed or junked.
18 (a) Application for certificate of junk.--[Any owner who
19 transfers a vehicle as scrap, or to be destroyed or junked,
20 shall assign the certificate of title to the person to whom the
21 vehicle is transferred. The transferee shall return the assigned
22 certificate of title to the department immediately with an
23 application for a certificate of junk upon a form furnished and
24 prescribed by the department. An insurer, as defined in the act
25 of July 19, 1974 (P.L.489, No.176), known as the "Pennsylvania
26 No-fault Motor Vehicle Insurance Act," to which title to a
27 vehicle is assigned upon payment to the insured of the
28 replacement value of the vehicle, shall be regarded as a
29 transferee under this subsection.]
30 (1) Any owner who scraps, dismantles or destroys a
19770H1171B1534 - 10 -
1 vehicle and any person who purchases a vehicle to be
2 scrapped, dismantled or destroyed shall within five days
3 return:
4 (i) the certificate of title to the department; and
5 (ii) an application for certificate of junk on a
6 form furnished by the department.
7 (2) An owner who receives the replacement value of a
8 vehicle from an insurer as defined in the act of July 19,
9 1974 (P.L.489, No.176), known as the "Pennsylvania No-fault
10 Motor Vehicle Insurance Act," or the insurer or other
11 transferee, if title to the vehicle is transferred, shall be
12 required to comply with this section.
13 * * *
14 (d) Reconstructed vehicle.--If a vehicle, other than an
15 antique or [classic] historic vehicle, for which a certificate
16 of junk has been issued is thereafter restored to operating
17 condition, it shall be regarded as a reconstructed vehicle.
18 * * * <--
19 (E) TRANSFER TO SCRAP METAL PROCESSOR.--WHEN A SCRAP METAL <--
20 PROCESSOR OBTAINS A DESTROYED OR JUNKED VEHICLE FROM A LICENSED
21 [SALVOR] VEHICLE SALVAGE DEALER IT SHALL BE THE DUTY OF THE <--
22 [SALVOR] VEHICLE SALVAGE DEALER TO OBTAIN A CERTIFICATE OF JUNK <--
23 THEREFOR. WHEN A SCRAP METAL PROCESSOR PURCHASES A DESTROYED OR
24 JUNKED VEHICLE FROM A PERSON OTHER THAN A [SALVOR] VEHICLE <--
25 SALVAGE DEALER, IT SHALL BE THE DUTY OF THE SCRAP METAL
26 PROCESSOR TO OBTAIN THE CERTIFICATE OF JUNK.
27 (f) Penalty.--Any person violating the provisions of
28 subsections (a) or (e) is guilty of a [summary offense]
29 misdemeanor of the second degree and shall, upon conviction, be
30 sentenced to pay a fine of $200 for each violation.
19770H1171B1534 - 11 -
1 § 1118. Suspension and cancellation of certificate of title.
2 * * *
3 (f) Nonpayment of fee.--The department may suspend a
4 certificate of title when a check received in payment of the fee
5 is not paid on demand or when the fee for the certificate is
6 unpaid and owing. The suspension shall remain in effect until
7 the required fee and penalty have been paid.
8 * * *
9 § 1301. [Driving unregistered vehicle prohibited.]
10 Registration and certificate of title required.
11 (a) Driving unregistered vehicle prohibited.--It is a
12 summary offense for any person to drive or for an owner
13 knowingly to permit to be driven upon any highway any vehicle of
14 a type required to be registered under this chapter which is not
15 registered or for which the appropriate fee has not been paid
16 when and as required in this title.
17 (b) Certificate of title required.--No vehicle shall be
18 registered unless a certificate of title has been applied for or
19 issued, if one is required by Chapter 11 (relating to
20 certificate of title and security interests).
21 § 1302. Vehicles [subject to] exempt from registration.
22 [(a) General rule.--No vehicle shall be operated upon any
23 highway in this Commonwealth until the vehicle is properly
24 registered with the department as provided in this chapter.
25 (b) Exceptions.--Subsection (a) does not apply to the
26 following:]
27 The following types of vehicles are exempt from registration
28 in accordance with section 1301 (relating to registration and
29 certificate of title required):
30 (1) Any vehicle in conformance with the provisions of
19770H1171B1534 - 12 -
1 this chapter relating to dealers, persons registered under
2 any of the miscellaneous motor vehicle business classes or
3 nonresidents.
4 (2) Any implement of husbandry or trailer determined by
5 the department to be used exclusively for agricultural
6 operations and only incidentally operated upon highways.
7 (i) A certificate of exemption shall be required for
8 trailers.
9 (ii) Vehicles exempt from registration under this
10 paragraph shall be used exclusively upon a farm or farms
11 owned or operated by the owner of the vehicle or upon
12 highways between:
13 (A) Parts of one such farm.
14 (B) [Farms] Such farms located not more than 25
15 miles apart.
16 (C) [A farm] Such farm or farms and a place of
17 business located within a radius of [25] 50 miles
18 from [the farm] such farm or farms for the purpose of
19 buying or selling agricultural commodities or
20 supplies or for the inspection, repair or servicing
21 of the vehicle.
22 (3) Any self-propelled golf cart used for the
23 transportation of persons engaged in the game of golf while
24 crossing any public highway during any game of golf.
25 (4) Any oversized vehicle which can only be moved by
26 special permit as provided for in sections 4961(a)(1)
27 (relating to authority to issue permits), 4965 (relating to
28 single permits for multiple highway crossings), 4966
29 (relating to permit for movement of quarry equipment), and
30 4970 (relating to permit for movement of utility construction
19770H1171B1534 - 13 -
1 equipment).
2 (5) Any vehicle registered and displaying plates issued
3 in a foreign country by the armed forces of the United States
4 for a period of 45 days from the date of [the return of the
5 owner to the United States] entry of the vehicle into the
6 Commonwealth.
7 (6) Any vehicle owned by a resident legally required to
8 be registered in another state based and used principally
9 outside of this Commonwealth.
10 (7) Any vehicle moved solely by human or animal power.
11 (8) Any self-propelled invalid wheel chair.
12 (9) Any mobile home.
13 (10) Any riding lawnmower with an engine not exceeding
14 16 h.p.
15 (11) ANY TRAILER DETERMINED BY THE DEPARTMENT TO BE USED <--
16 EXCLUSIVELY FOR CONSTRUCTION OPERATIONS AND ONLY INCIDENTALLY
17 OPERATED UPON THE HIGHWAY.
18 [(c) Certificate of title required.--No vehicle shall be
19 registered unless a certificate of title has been obtained, if
20 one is required by Chapter 11 (relating to certificate of title
21 and security interests).]
22 § 1304. Registration criteria.
23 * * *
24 (d) Maximum registered gross weight.--No truck, truck
25 tractor or trailer shall be registered at a gross weight in
26 excess of the lowest of:
27 (1) the limiting weights established on the basis of
28 axle load, tire load, horsepower or gross weight by type of
29 vehicles;
30 (2) the gross vehicle weight rating assigned by the
19770H1171B1534 - 14 -
1 manufacturer; or
2 (3) a combination weight greater than the gross
3 combination weight rating.
4 In the case of a vehicle in which no gross vehicle weight rating
5 or gross combination weight rating is assigned by the
6 manufacturer or where the vehicle has been altered subsequent to
7 manufacture to change its weight bearing capacity, an equivalent
8 rating [shall] may be determined by the department on the basis
9 of the vehicle's horsepower, braking ability, axle limitations
10 and such other factors related to safe operation as may be
11 established by regulations of the department. The limitations of
12 this subsection do not apply to motor vehicles registered prior
13 to July 1, 1977 or if the manufacturers statement of origin
14 indicates that the vehicle is a 1977 model year.
15 * * *
16 § 1305. Application for registration.
17 (a) General rule.--Application for the registration of a
18 vehicle shall be made to the department upon the appropriate
19 form or forms furnished by the department. The application shall
20 contain the full name and address of the owner or owners; the
21 make, [model,] year and vehicle identification number of the
22 vehicle; and such other information as the department may
23 require including information pertaining to insurance.
24 Applicants for registration of a truck, truck tractor, trailer
25 or bus shall provide the vehicle's Gross Vehicle Weight Rating
26 (GVWR), or the Gross Combination Weight Rating (GCWR), as
27 applicable. If the manufacturer's ratings are not available, the
28 applicant shall provide sufficient information as to the
29 horsepower, braking capacity and such other data as necessary
30 for the department to determine an equivalent measure of the
19770H1171B1534 - 15 -
1 vehicle's hauling and stopping capability. If the applicant
2 wishes to register a vehicle at a registered gross weight less
3 than the gross vehicle weight rating, the application shall
4 include information as to weight, load and any other such
5 information as the department may require. The application shall
6 be accompanied by [proof of insurance and] the applicable fee.
7 * * *
8 § 1306. Grounds for refusing registration.
9 The department shall refuse registration [and] or renewal or
10 transfer of registration when any of the following circumstances
11 exists:
12 (1) The applicant is not entitled to registration under
13 the provisions of this chapter.
14 (2) The applicant has at registration or titling
15 neglected or refused to furnish the department with the
16 information required on the appropriate official form, or any
17 reasonable additional information required by the department.
18 (3) The department has reasonable grounds to believe
19 that the application contains false or fraudulent
20 information, or that the vehicle is stolen, which fact the
21 department shall ascertain by reference to the stolen vehicle
22 file required to be maintained under section 7114 (relating
23 to records of stolen vehicles), or that the granting of
24 registration would constitute a fraud against the rightful
25 owner or other person having a valid lien upon the vehicle.
26 (4) [The fees required by law] Any fees required by this
27 title have not been paid.
28 (5) The vehicle is not constructed or equipped as
29 required by this title.
30 (6) The registration of the vehicle stands suspended for
19770H1171B1534 - 16 -
1 any reason as provided for in this title.
2 § 1307. Period of registration.
3 * * *
4 (e) Antique and [classic] historic vehicles.--Antique and
5 [classic] historic motor vehicle registrations shall expire upon
6 the junking, scrapping or transfer of ownership of the vehicle,
7 except that if the transfer is between spouses or between parent
8 and child the registration may be transferred upon payment of a
9 transfer fee.
10 § 1309. Renewal of registration.
11 Prior to the expiration of each registration, the department
12 shall send to the registrant an application for renewal of
13 registration. The application shall contain the full name and
14 address of the owner or owners; the make and vehicle
15 identification number of the vehicle; and such other information
16 as the department may require, including information pertaining
17 to insurance. Upon return of the application, accompanied by
18 [proof of insurance and] the applicable fee, the department
19 shall send to the registrant a renewed registration card.
20 Failure to receive a renewal application shall not relieve a
21 registrant from the responsibility to renew the registration.
22 § 1311. Registration card to be signed and [exhibited on
23 demand] in possession of driver.
24 (a) Signing card.--Upon receiving the registration card or
25 any duplicate, the registrant shall sign his name in the space
26 provided.
27 (b) [Carrying and exhibiting card] Driver to possess card.--
28 Every registration card shall, at all times while the vehicle is
29 being operated upon a highway, be in the possession of the
30 person driving or in control of the vehicle or carried in the
19770H1171B1534 - 17 -
1 vehicle. [and shall be exhibited upon demand of any police
2 officer.]
3 (c) Production to avoid penalty.--No person shall be
4 [convicted of] charged with violating this section or section
5 1302 (relating to vehicles [subject to] exempt from
6 registration) if the person produces [at the office of the
7 issuing authority or] at the office of the [arresting]
8 investigating police officer within five days of the violation[,
9 a registration card valid in this Commonwealth at the time of
10 the arrest.]:
11 (1) a registration card valid in this Commonwealth at
12 the time of the arrest; or
13 (2) if the registration card is lost, stolen, destroyed
14 or illegible, a notarized or photostatic copy of an
15 application for a duplicate.
16 § 1313. Duplicate registration cards.
17 * * *
18 [(c) Affidavit to avoid penalty.--No owner or operator of a
19 vehicle shall be subject to a fine for failure to have the
20 registration card if the owner or operator makes affidavit that
21 the card was lost or stolen within the period of 20 days
22 preceding and that application for new registration card was
23 made within 48 hours as required in this section.]
24 § 1333. Lost, stolen, damaged or illegible registration plate.
25 * * *
26 (c) [Affidavit] Production to avoid penalty.--No owner or
27 operator of a vehicle shall be subject to a fine for the reason
28 that the registration plate is missing if they have in their
29 possession [an affidavit that the plate was lost or stolen and
30 that] a notarized or photostatic copy of an application for new
19770H1171B1534 - 18 -
1 plate or plates [was made within 48 hours] as required in this
2 section.
3 § 1334. Return of registration plate.
4 (a) General rule.--Registration plates shall be returned to
5 the department under the following circumstances:
6 (1) A registration plate shall be returned if the
7 [registrant no longer has a vehicle titled in this
8 Commonwealth.] ownership of the vehicle is transferred unless
9 the registration plate is transferred with the vehicle or to
10 another vehicle as provided in section 1314 (relating to
11 transfer of registration).
12 (2) A legislative registration plate shall be returned
13 on the expiration or termination of the term of office of the
14 legislative member.
15 (3) A dealer or "Miscellaneous Motor Vehicle Business"
16 registration plate shall be returned if the business is
17 discontinued.
18 (4) A handicapped registration plate shall be returned
19 if the person to whom it was issued no longer qualifies under
20 section 1338 (relating to handicapped plate).
21 * * *
22 § 1336. Use of dealer registration plates.
23 * * *
24 (c) Motorcycle and motorized pedalcycle dealer plates.--
25 Motorcycle and motorized pedalcycle dealer plates used as
26 provided in subsection (a)(1) may only be used on motorcycles
27 and motorized pedalcycles, as the case may be.
28 § 1337. Use of "Miscellaneous Motor Vehicle Business"
29 registration plates.
30 (a) General rule.--The department shall issue to owners of
19770H1171B1534 - 19 -
1 miscellaneous motor vehicle businesses special registration
2 plates which may be displayed on vehicles operated on highways
3 in lieu of registering each vehicle individually in accordance
4 with the requirements of section 1302(a) (relating to vehicles
5 [subject to] exempt from registration). Registration plates
6 issued under this section may be used only when the vehicle is
7 used for any of the following purposes:
8 (1) In the conduct of the miscellaneous motor vehicle
9 business.
10 (2) For the personal pleasure or use of the owner of the
11 miscellaneous motor vehicle business or members of their
12 immediate family, or when the business is a corporation, for
13 the pleasure or use of not more than three officers or
14 members of their immediate families, or for the personal use
15 of the regular employees of the business when operated by the
16 employee.
17 (3) For loaning to customers whose vehicles are being
18 repaired.
19 * * *
20 (C) CLASSES OF "MISCELLANEOUS MOTOR VEHICLE BUSINESS".-- <--
21 (1) REPAIR, SERVICE AND TOWING.--ANY PERSON ENGAGED IN
22 THE REPAIR, SERVICE OR TOWING OF MOTOR VEHICLES.
23 (2) VEHICLE SALVAGE DEALER.--ANY PERSON WHO MAINTAINS AN
24 ESTABLISHED PLACE OF BUSINESS AND WHO IS ENGAGED IN THE
25 BUSINESS OF BUYING, SELLING OR EXCHANGING USED, WRECKED OR
26 ABANDONED VEHICLES AND JUNKERS FOR THE PURPOSE OF REMODELING,
27 TAKING APART, OR REBUILDING THE SAME, OR BUYING OR SELLING OF
28 PARTS.
29 (3) TRANSPORTER.--A PERSON REGULARLY ENGAGED IN THE
30 BUSINESS OF TRANSPORTING NEW OR USED VEHICLES [OR NEW AND
19770H1171B1534 - 20 -
1 USED TRAILERS] ON THEIR OWN WHEELS, OWNED BY OR IN POSSESSION
2 OF A REGISTERED DEALER.
3 (4) [FINANCIER] FINANCER OR COLLECTOR-REPOSSESSOR.--A
4 PERSON WHO IS DULY AUTHORIZED TO DO BUSINESS IN THIS
5 COMMONWEALTH AS A [FINANCIER] FINANCER OR COLLECTOR-
6 REPOSSESSOR AND WHO IS REGULARLY ENGAGED IN THE BUSINESS OF
7 FINANCING SALES, MAKING LOANS ON THE SECURITY OF VEHICLES OR
8 REPOSSESSING VEHICLES WHICH ARE THE SUBJECT OF INSTALLMENT
9 SALES CONTRACTS AS AN INDEPENDENT CONTRACTOR.
10 § 1338. Handicapped plate.
11 On the application of any person who:
12 (1) does not have full use of a leg or both legs or an
13 arm or both arms;
14 (2) is blind; or
15 (3) is the spouse, parent or person in loco parentis of
16 a person specified in paragraph (1) or (2);
17 the department shall issue a special registration plate for [one
18 passenger car or other vehicle] passenger cars or other vehicles
19 with a registered gross weight of not more than 9,000 pounds,
20 designating the vehicle so licensed as being used by a
21 handicapped person. Special plates for handicapped persons may
22 also be issued for vehicles operated exclusively for the use and
23 benefit of handicapped persons.
24 § 1340. Antique and [classic] historic plates.
25 (a) General rule.--Upon submission by a vehicle owner of
26 information satisfactory to the department that a motor vehicle
27 is an antique motor vehicle or [classic] historic motor vehicle,
28 accompanied by the appropriate fee, the department may issue
29 special plates for the vehicle. No annual registration fee may
30 be charged for antique or [classic] historic motor vehicles.
19770H1171B1534 - 21 -
1 (b) Use of plates.--It is unlawful for any person to operate
2 a vehicle with antique or [classic] historic registration plates
3 for general daily transportation. Permitted use shall be limited
4 to participation in club activities, exhibits, tours, parades,
5 occasional transportation and similar uses.
6 § 1342. Disabled veteran plate.
7 On the application of a [totally] disabled veteran, whose
8 disability is certified by the United States Veterans'
9 Administration as service-connected, the department shall issue
10 a special registration plate designating the vehicle as
11 belonging to a [totally] disabled veteran. The registration
12 plate shall have a white background, shall have blue numbers or
13 letters as the department may determine, and shall have the
14 words, "disabled veteran," in at least ten-point bold type,
15 inscribed in red at the bottom of the plate. The special
16 registration plate may be used only on one passenger vehicle or
17 one other vehicle with a registered gross weight of not more
18 than 9,000 pounds.
19 § 1344. Use of farm truck plates.
20 (a) General rule.--A truck bearing farm truck registration
21 plates shall be used exclusively upon a farm or farms owned or
22 operated by the registrant of the vehicle or upon highways
23 between:
24 (1) Parts of one such farm.
25 (2) [Farms] Such farms located not more than 25 miles
26 apart.
27 (3) [A] Such a farm or farms and a place of business
28 located within a radius of 50 miles from [the] such farm or
29 farms for the purpose of buying or selling agricultural
30 commodities or supplies or for the inspection, repair or
19770H1171B1534 - 22 -
1 servicing of the vehicle.
2 (b) Penalty.--Any person violating this section is guilty of
3 a summary offense and shall, upon conviction, be sentenced to
4 pay a fine of [$25] $50 and upon conviction for a second or
5 subsequent offense, be sentenced to pay a fine of $200.
6 § 1373. Suspension of registration.
7 The department may suspend any registration [after providing
8 opportunity for a hearing] in any of the following cases when
9 the department finds upon sufficient evidence that:
10 (1) The vehicle is unsafe or unfit for operation or is
11 not equipped as required by this title.
12 (2) The owner or registrant has made, or permitted to be
13 made, any unlawful use of the vehicle or registration plate
14 or plates, or registration card, or permitted the use by a
15 person not entitled thereto.
16 (3) The owner or registrant has knowingly made a false
17 statement or knowingly concealed a material fact or otherwise
18 committed a fraud in any application or form required to be
19 filed by this title.
20 (4) Upon the request or order of any court of record.
21 (5) [The required fee has not been paid.] A check
22 received in payment of the fee is not paid on demand or when
23 the fee for the registration is unpaid and owing. This
24 suspension shall remain in effect until the required fee and
25 penalty have been paid.
26 (6) The registrant or any agent or employee has
27 repeatedly violated any of the provisions of this chapter or
28 Chapter 11 (relating to certificate of title and security
29 interests).
30 § 1374. Suspension of vehicle business registration plates.
19770H1171B1534 - 23 -
1 (a) General rule.--The department may suspend registration
2 plates for dealers, manufacturers or members of the
3 "Miscellaneous Motor Vehicle Business" class after providing
4 opportunity for a hearing in any of the following cases when the
5 department finds upon sufficient evidence that:
6 (1) The registrant is no longer entitled to licensing as
7 a dealer or manufacturer or to registration in the
8 "Miscellaneous Motor Vehicle Business" class.
9 (2) The registrant has made or permitted to be made any
10 unlawful use of the vehicle or registration plate or plates
11 or registration card or permitted the use by a person not
12 entitled thereto.
13 (3) The registrant has knowingly made a false statement
14 or knowingly concealed a material fact or otherwise committed
15 a fraud in any application.
16 (4) The registrant has failed to give notice of transfer
17 of ownership or of the destruction or junking of any vehicle
18 when and as required by this title.
19 (5) The registrant has failed to deliver to a transferee
20 lawfully entitled thereto or to the department, when and as
21 required by this title, a properly assigned certificate of
22 title.
23 (6) The registrant has repeatedly violated any of the
24 provisions of this title.
25 (7) [Any fee payable to the Commonwealth in connection
26 with the operation of the business of the registrant has not
27 been paid.] A check received payable to the Commonwealth in
28 connection with the operation of the business of the
29 registrant is not paid on demand or when any fee is unpaid
30 and owing. This suspension shall remain in effect until the
19770H1171B1534 - 24 -
1 required fee and penalty have been paid.
2 * * *
3 § 1502. Persons exempt from licensing.
4 The following persons are not required to obtain a driver's
5 license under this chapter:
6 * * *
7 (3) Any nonresident who is at least 16 years of age and
8 who has in possession a valid driver's license issued in the
9 person's home state or country except that a person who has
10 been issued a valid driver's license in a country other than
11 the United States or Canada shall be exempt only upon showing
12 a satisfactory understanding of official traffic-control
13 devices. A nonresident [may] shall only drive the class or
14 classes of vehicles in this Commonwealth for which the person
15 is licensed to drive in the person's home state or country
16 subject to all restrictions contained on the license.
17 * * *
18 § 1503. Persons ineligible for licensing.
19 (a) General rule.--The department shall [not issue any
20 driver's license to, or renew the driver's license of,] suspend
21 the operating privilege of any person:
22 (1) Whose operating privilege is suspended or revoked in
23 this or any other state except as otherwise provided in this
24 title.
25 (2) Whose operating privilege is suspended or revoked in
26 any other state upon grounds which would authorize the
27 suspension or revocation of the operating privilege under
28 this title.
29 (3) Who is a user of alcohol or any controlled substance
30 to a degree rendering the user incapable of safely driving a
19770H1171B1534 - 25 -
1 motor vehicle. This paragraph does not apply to any person
2 who is enrolled or otherwise participating in a methadone or
3 other controlled substance treatment program approved by the
4 Governor's Council on Drug and Alcohol Abuse provided that
5 the person is certified to be competent to drive by a
6 physician designated by the Governor's Council on Drug and
7 Alcohol Abuse.
8 (4) Who has been adjudged to be afflicted with or
9 suffering from any mental disability or disease and who has
10 not at the time of application been restored to competency by
11 the methods provided by law.
12 (5) Whose name has been submitted under the provisions
13 of section 1518 (relating to reports on mental or physical
14 disabilities or disorders).
15 (6) Who is required by the department to take an
16 examination [until the person has successfully passed the
17 examination].
18 (7) Who is under 18 years of age except in accordance
19 with subsections (b) and (c).
20 (8) Who has repeatedly violated any of the provisions of
21 this chapter. The department shall provide an opportunity for
22 a hearing upon invoking this paragraph.
23 (b) Term of suspension.--A suspension imposed under
24 subsection (a) shall remain in effect until the cause of the
25 suspension has been rectified.
26 [(b)] (c) Minors completing training course.--The department
27 shall issue a driver's license to a person 17 years of age who:
28 (1) has successfully completed a driver's training
29 course approved by the [department] Department of Education;
30 and
19770H1171B1534 - 26 -
1 (2) has not been [involved in an accident for which they
2 are partially or fully responsible in the opinion of the
3 department or is] convicted of any violation of this title.
4 [(c)] (d) Junior driver's license.--The department may issue
5 a junior driver's license to a person 16 or 17 years of age
6 under rules and regulations adopted by the department and
7 subject to the provisions of this section. A junior driver's
8 license shall automatically become a regular driver's license
9 when the licensee attains 18 years of age.
10 (1) Except as provided in paragraph (2), no licensed
11 junior driver shall drive a vehicle upon a [public] highway
12 between 12 midnight and 5 a.m. unless accompanied by a spouse
13 18 years of age or older, a parent or a person in loco
14 parentis.
15 (2) [A licensed junior driver conforming to the
16 requirements of section 1507 (relating to application for
17 driver's license or learner's permit by minor) may drive a
18 vehicle upon a [public] highway between 12 midnight and 5
19 a.m. between their home and their activity or employment or
20 in the course of their activity or employment if they are a
21 member of a volunteer fire company authorized by the fire
22 chief to engage in fighting fires, engaged in public or
23 charitable service or employed and they are carrying] The
24 restrictions contained in paragraph (1) do not apply to any
25 licensed junior driver while engaged in or commuting to or
26 from their place of employment or public or charitable
27 service, or to any licensed junior driver who is a full
28 member of a volunteer fire company while actually engaged in
29 or commuting to or from a fire. Such junior driver must carry
30 and exhibit upon demand to any police officer or authorized
19770H1171B1534 - 27 -
1 person an affidavit signed by their fire chief, supervisor or
2 employer indicating the probable schedule of their
3 activities. Upon termination of the junior driver's activity
4 or employment, the junior licensee shall surrender the
5 affidavit to the fire chief, supervisor or employer. If the
6 junior licensee shall fail to surrender the affidavit, the
7 employer, fire chief or supervisor shall immediately notify
8 the [Pennsylvania State Police] police.
9 (3) In addition to the other provisions of this title
10 relating to the suspension or revocation of operating
11 privileges, in the event that a licensed junior driver is
12 involved in an accident for which they are partially or fully
13 responsible in the opinion of the department or is convicted
14 of any violation of this title, the department may suspend
15 the operating privileges of such person until the person
16 attains 18 years of age or for a period of time not exceeding
17 90 days.
18 (4) Any junior licensee or other person violating any
19 provision of this subsection is guilty of a summary offense.
20 § 1504. Classes of licenses.
21 * * *
22 (d) Number and description of classes.--Licenses issued by
23 the department shall be classified in the following manner:
24 (1) Class 1.--A Class 1 license shall be issued to those
25 persons who have demonstrated their qualifications to operate
26 a single vehicle not in excess of 30,000 pounds registered
27 gross weight or any such vehicle towing a trailer not in
28 excess of 10,000 pounds gross weight. The holder of a Class 1
29 license shall be authorized to operate a motorized
30 pedalcycle. Any fireman who is the holder of a Class 1
19770H1171B1534 - 28 -
1 license and who has a certificate of authorization from his
2 fire chief, shall be authorized to operate any vehicle
3 registered to the fire department regardless of the other
4 requirements of this section as to the class of license
5 required. The holder of a Class 1 license shall not be deemed
6 qualified to operate buses, school buses or motorcycles
7 unless the license is endorsed as provided in this section.
8 (2) Class 2.--A Class 2 license shall be issued to those
9 persons [over] 18 years of age or older who have demonstrated
10 their qualifications to operate a single vehicle of over
11 30,000 pounds registered gross weight or any bus or any such
12 vehicle towing a trailer not in excess of 10,000 pounds gross
13 weight. The holder of a Class 2 license shall be deemed
14 qualified to operate those vehicles for which a Class 1
15 license is issued, but not school buses or motorcycles unless
16 the license is endorsed as provided in this section.
17 (3) Class 3.--A Class 3 license shall be issued to those
18 persons [over] 18 years of age or older who have demonstrated
19 their qualifications to operate a vehicle while in
20 combination with or towing a trailer in excess of 10,000
21 pounds gross weight. The holder of a Class 3 license shall be
22 deemed qualified to operate those vehicles for which a Class
23 1 or Class 2 license is issued, but not school buses or
24 motorcycles unless the license is endorsed as provided in
25 this section.
26 (4) Class 4.--Persons who have qualified to operate
27 school buses in accordance with this title and the rules and
28 regulations promulgated and adopted by the department shall
29 have the qualification endorsed on the license as provided in
30 this section.
19770H1171B1534 - 29 -
1 (5) Class 5.--Those persons who have demonstrated their
2 qualifications to operate a motorcycle, shall have that
3 qualification endorsed on one of the basic classes of license
4 described in this section. [If a] A person [is] qualified
5 only to operate a motorcycle [he] shall be issued a license
6 with only that qualification endorsed on the license.
7 [(6) Class 6.--Those persons who have demonstrated their
8 qualifications to operate a motor-driven cycle or motorized
9 pedalcycle shall have that qualification endorsed on one of
10 the basic classes of license described in this section. If a
11 person is qualified only to operate a motor-driven cycle or
12 motorized pedalcycle he shall be issued a license with only
13 that qualification endorsed on the license.]
14 (e) Removal of class from license.--
15 (1) The department, having cause to believe that a
16 person is no longer qualified for one or more of the types or
17 classes of licenses enumerated in subsection (a)(2) through
18 (5), may remove the endorsement after 30 days written notice
19 of the removal to the licensee. Any person aggrieved by
20 removal of an endorsement may appeal to the court of common
21 pleas in the manner provided in section 1550 (relating to
22 judicial review).
23 (2) A person with a license endorsed for a class may,
24 upon request, have the endorsement removed by the department
25 without prejudice.
26 § 1505. Learners' permits.
27 * * *
28 (b) Learner must be accompanied.--A learner's permit
29 entitles the person to whom it was issued to drive vehicles and
30 combinations of vehicles of the class or classes specified, but
19770H1171B1534 - 30 -
1 only while the holder of the learner's permit is accompanied by
2 and under the immediate supervision of a person who:
3 (1) is licensed in this Commonwealth to drive vehicles
4 of the class then being driven by the holder of the learner's
5 permit; and
6 (2) is actually occupying a seat beside the holder of
7 the learner's permit, unless the vehicle is a motorcycle, bus
8 or school bus.
9 (c) Operation of motorcycle.--A motorcycle learner's permit
10 entitles the person to whom it is issued to operate a motorcycle
11 only between sunrise and sunset [and, except for a driver
12 licensed to drive another class of vehicle, only while under the
13 instruction and immediate supervision of a licensed motorcycle
14 operator]. Motorcycle learners shall not carry any passenger
15 other than [an instructor properly] a person licensed to operate
16 a motorcycle.
17 * * *
18 (e) Learners under 18 years of age.--A learner under the age
19 of 18 years shall not drive a vehicle upon a highway between 12
20 midnight and 5 a.m.
21 § 1507. Application for driver's license or learner's permit
22 by minor.
23 * * *
24 (d) Withdrawal of consent.--Any person who has signed the
25 application of a person under the age of 18 years for a driver's
26 license or learner's permit may thereafter file with the
27 department a verified written request that the driver's license
28 or learner's permit of the person be [cancelled] suspended and
29 the department shall [cancel] suspend the driver's license or
30 learner's permit.
19770H1171B1534 - 31 -
1 § 1509. Qualifications for Class 4 license.
2 (a) School bus driver requirements.--No person shall be
3 issued a Class 4 license unless the person:
4 (1) has [successfully completed] enrolled in a course of
5 instruction as provided in subsection (c);
6 (2) has satisfactorily passed an annual physical
7 examination [to be] given by [the] a physician [for the
8 school district by which the person is employed]; and
9 (3) is 18 years of age or older.
10 * * *
11 § 1511. [Carrying and exhibiting] Driver to possess
12 driver's license. [on demand.
13 (a) General rule.--]Every licensee shall possess [a] their
14 driver's license [issued to the licensee at all times] when
15 driving a motor vehicle. [and shall exhibit the license upon
16 demand by a police officer, and when requested by the police
17 officer the licensee shall write the licensee's name in the
18 presence of the officer in order to provide identity.]
19 (b) Production to avoid penalty.--No person shall be
20 [convicted of] charged with violating this section or section
21 1501(a) (relating to drivers required to be licensed) if the
22 person produces at the office of the [issuing authority or the
23 arresting] investigating officer within five days [a driver's
24 license valid in this Commonwealth at the time of the arrest.]
25 of the violation:
26 (1) a driver's license valid in this Commonwealth at the
27 time of the arrest; or
28 (2) if the driver's license is lost, stolen, destroyed
29 or illegible, a notarized or photostatic copy of an
30 application for a duplicate.
19770H1171B1534 - 32 -
1 § 1513. Duplicate and substitute drivers' licenses and
2 learners' permits.
3 (a) General rule.--If a learner's permit or driver's license
4 issued under the provisions of this chapter is [mutilated,]
5 lost, stolen, destroyed or becomes illegible, the person to whom
6 it was issued, upon furnishing proof satisfactory to the
7 department that the license or permit has been [mutilated,]
8 lost, stolen, destroyed, or has become illegible, shall obtain a
9 duplicate or substitute license or permit upon payment of the
10 required fee.
11 * * *
12 § 1514. Expiration and renewal of drivers' licenses.
13 (a) General rule.--Every driver's license shall expire in
14 the month of the licensee's birthdate at intervals of not more
15 than four years as may be determined by the department. Every
16 license shall be renewable on or before its expiration upon
17 application, payment of the required fee, and satisfactory
18 completion of any examination required or authorized by this
19 chapter.
20 (b) Examination of applicants for renewal.--The department
21 may require persons applying for renewal of a driver's license
22 to take and successfully pass [a physical examination or a
23 vision examination by an optometrist or ophthalmologist, or both
24 examinations,] one or more of the examinations authorized under
25 this subchapter if the department has reason to believe, either
26 based on knowledge of the person or on statistical inference,
27 that the person may be a traffic safety hazard. [The department
28 may require the applicant to take and successfully pass such
29 additional tests as the department may find reasonably necessary
30 to determine the applicant's qualification according to the type
19770H1171B1534 - 33 -
1 or general class of license applied for and such examination may
2 include any or all of the other tests required or authorized
3 upon original application by section 1508 (relating to
4 examination of applicant for driver's license)]
5 (1) A vision exam may be administered by an optometrist
6 or by an ophthalmologist, or may be administered at an
7 official examination station.
8 (2) Upon refusal or neglect of the person to submit to
9 [the] any examination, the [driver's license shall not be
10 renewed] operating privilege shall be suspended until such
11 time as the examination is successfully completed.
12 (3) For the purposes of this section, renewal shall
13 include application for a driver's license after a lapse of
14 not more than four years.
15 (c) Reexamination requested by court.--The department shall
16 reexamine any person when requested to do so by a court. Upon
17 the conclusion of such examination, the department may take any
18 of the actions described in subsection (b) and shall report its
19 findings and action to the court if such report is requested.
20 (d) Military personnel and dependents.--Notwithstanding
21 subsection (a), a driver's license held by any person who enters
22 or is on active service in the armed forces of the United States
23 or the spouse or dependent child of the member of the armed
24 forces who resides with such person shall continue in full force
25 and effect so long as the active service continues and the
26 person is absent from this Commonwealth, and for a further
27 period of 45 days following the date of the person's discharge
28 or separation from active service or return to this
29 Commonwealth, unless the driver's license is sooner suspended,
30 cancelled or revoked for cause according to law. A driver's
19770H1171B1534 - 34 -
1 license which otherwise would have expired under subsection (a)
2 shall be valid only if the licensee has in immediate possession,
3 together with the driver's license, papers indicating actual
4 service outside this Commonwealth, or discharge or separation,
5 as the case may be, or proof thereof if a spouse or child.
6 (e) Learner's permit upon examination failure.--Any driver
7 or applicant who fails any driving examination required or
8 authorized under subsection (b) or (c) may be issued a special
9 learner's permit authorizing such person to drive only a motor
10 vehicle equipped with dual operating control or devices while
11 being accompanied by an instructor of an approved driver
12 training program. Upon successful completion of an approved
13 driver training program, the driver or applicant shall be
14 afforded a special examination by such agencies as the secretary
15 may direct, and upon successful completion of such examination
16 the operating privilege shall be restored.
17 § 1515. Notice of change of name or address.
18 Whenever any person after applying for or receiving a
19 driver's license moves from the address named in the application
20 or in the driver's license issued or when the name of a licensee
21 is changed such person shall, within 15 days thereafter, notify
22 the department in writing of the [old and new addresses] new
23 address or of such former and new names and of the number of any
24 license then held by the person.
25 § 1519. Determination of incompetency.
26 (a) General rule.--The department, having cause to believe
27 that a licensed driver or applicant may not be physically or
28 mentally qualified to be licensed, may [obtain the advice of a
29 physician who shall cause an examination to be made or who shall
30 designate any other qualified physician. The licensed driver or
19770H1171B1534 - 35 -
1 applicant may cause a written report to be forwarded to the
2 department by a physician of the driver's or applicant's
3 choice.] require an examination to be given by a qualified
4 physician of the driver's or applicant's choice and such
5 additional tests as the department may find necessary. Vision
6 qualifications shall be determined by an optometrist or
7 ophthalmologist. [The department shall appoint one or more
8 qualified persons who shall consider all medical reports and
9 testimony and determine the competency of the driver or the
10 applicant to drive.]
11 (b) Review of medical reports.--The department shall appoint
12 one or more qualified persons who shall consider all medical
13 reports and testimony.
14 (c) Supplemental driver's test.--The department may also
15 require a supplemental driver's test in order to determine the
16 driving competency of the applicant or driver.
17 (d) Suspension upon refusal.--The department shall suspend
18 the operating privilege of any driver or applicant who refuses
19 to comply with the requirements of this section until such time
20 as the driver or applicant does comply.
21 [(b)] (e) Confidentiality of reports and evidence.--Reports
22 received by the department for the purpose of assisting the
23 department in determining whether a person is qualified to be
24 licensed are for the confidential use of the department and may
25 not be divulged to any person or used as evidence in any trial
26 except that the reports may be admitted in proceedings under
27 subsection [(c)] (f) and any physician or optometrist conducting
28 an examination pursuant to subsection (a) may be compelled to
29 testify concerning observations and findings in such
30 proceedings. The party calling the physician or optometrist as
19770H1171B1534 - 36 -
1 an expert witness shall be obliged to pay the reasonable fee for
2 such testimony.
3 [(c) Recall] (f) Suspension of operating privilege.--The
4 department shall [recall] suspend the operating privilege of any
5 person whose incompetency has been established under the
6 provisions of this chapter. The [recall] suspension shall be for
7 an indefinite period until satisfactory evidence is presented to
8 the department in accordance with regulations to establish that
9 such person is competent to drive a motor vehicle. [Any person
10 aggrieved by recall of the operating privilege may appeal to the
11 court of common pleas in the manner provided in section 1551
12 (relating to judicial review).]
13 § 1532. [Revocation or suspension] Suspension or
14 revocation of operating privilege.
15 (a) [Revocation] One year suspension.--The department shall
16 [revoke] suspend the operating privilege of any driver of a
17 motor vehicle for one year upon receiving a certified record of
18 the driver's conviction of any of the following [offenses]:
19 (1) Any felony in the commission of which [a court] the
20 judge determines that a motor vehicle was essentially
21 involved.
22 (2) Any subsequent [violation of] conviction under
23 section 3731 (relating to driving under influence of alcohol
24 or controlled substance) within three years of a prior
25 violation.
26 (3) Any [violation of] conviction under the following
27 provisions:
28 Section 3732 (relating to homicide by vehicle).
29 Section 3742 (relating to accidents involving death
30 or personal injury).
19770H1171B1534 - 37 -
1 Section 7102(b) (relating to removal or falsification
2 of identification number).
3 Section 7103(b) (relating to dealing in vehicles with
4 removed or falsified numbers).
5 Section 7111 (relating to dealing in titles and
6 plates for stolen vehicles).
7 Section 7121 (relating to false application for
8 certificate of title or registration).
9 Section 7122 (relating to altered, forged or
10 counterfeit documents and plates).
11 (b) [Suspension] Six-month suspension.--
12 (1) The department shall suspend the operating privilege
13 of any driver of a motor vehicle for six months upon
14 receiving a certified record of the driver's conviction of
15 any [offense under] of the following [provisions]:
16 Section 3367 (relating to racing on highways).
17 Section 3731 (relating to driving under influence of
18 alcohol or controlled substance).
19 Section 3733 (relating to fleeing or attempting to
20 elude police officer).
21 Section 3734 (relating to driving without lights to
22 avoid identification or arrest).
23 Section 3743 (relating to accidents involving damage
24 to attended vehicle or property).
25 Any misdemeanor in the commission of which the judge
26 determines that a motor vehicle was essentially involved
27 except that no person shall be suspended for violating a
28 regulation of the Hazardous Substances Transportation
29 Board unless the board recommends the suspension.
30 (2) The department shall suspend the operating privilege
19770H1171B1534 - 38 -
1 of any driver of a motor vehicle for six months upon
2 receiving a certified record of the driver's conviction of a
3 subsequent offense under [the following provisions:
4 Section 1501(a) (relating to drivers required to be
5 licensed).
6 Section 1543 (relating to driving while operating
7 privilege is suspended or revoked)] section 1501(a)
8 (relating to drivers required to be licensed).
9 [(3) This subsection does not effect an additional
10 period of revocation of the operating privileges of a driver
11 who receives an additional period of revocation for a second
12 or subsequent violation of section 1543.]
13 (c) Court ordered suspensions and revocations.--The
14 department shall suspend or revoke the operating privilege of
15 any driver upon order of any court or commission duly authorized
16 under the laws of this Commonwealth and empowered by such laws
17 to make such orders.
18 § 1533. Suspension of operating privilege for failure to
19 respond to citation or summons.
20 (a) Commonwealth violations.--The department shall suspend
21 the operating privilege of any person who has failed to respond
22 to a citation or summons to appear before a court of competent
23 jurisdiction of this Commonwealth [or of any state] for any
24 violation of this title, other than parking, or who has failed
25 to pay any fine or costs imposed by such court, upon being duly
26 notified in accordance with the Pennsylvania Rules of Civil and
27 Criminal Procedure.
28 (b) Notification.--[There shall be] Before any person is
29 suspended under this section they shall have 15 days to respond
30 to [such] the notification [before suspension is imposed].
19770H1171B1534 - 39 -
1 (c) Period of Suspension.--The suspension shall [be for an
2 indefinite period] continue until such person shall respond to
3 any citation, summons or writ and pay any fines and penalties
4 imposed. Such suspension shall be in addition to the requirement
5 of withholding renewal or reinstatement of a violator's driver's
6 license as prescribed in section [1503(c)] 1503(a) (relating to
7 persons ineligible for licensing).
8 [§ 1534. Notice of acceptance of Accelerative Rehabilitative
9 Disposition.
10 If a person is arrested for any offense enumerated in section
11 1532 (relating to revocation or suspension of operating
12 privilege) and is offered and accepts Accelerative
13 Rehabilitative Disposition under the Pennsylvania Rules of
14 Criminal Procedure, the court shall promptly notify the
15 department.]
16 § 1535. Schedule of convictions and points.
17 (a) General rule.--A point system for driver education and
18 control is hereby established which is related to other
19 provisions for use, suspension and revocation of the operating
20 privilege as specified under this title. Every driver licensed
21 in this Commonwealth who is convicted of any of the following
22 offenses shall be assessed points as of the date of violation in
23 accordance with the following schedule:
24 Section Number Offense Points
25 1512 Violation of restriction on
26 driver's license. 2
27 1571 Violations concerning licenses. 3
28 3102 Failure to obey policeman or
29 authorized person. 2
30 3111(a) Disobedience to traffic-control
19770H1171B1534 - 40 -
1 devices. 3
2 3112(a)(3)(i) Failure to stop for a red light. 3
3 3114(a)(1) Failure to stop for a flashing
4 red light. 3
5 3302 Failure to yield half of roadway
6 to oncoming vehicle. 3
7 3303 Improper passing. 3
8 3304 Other improper passing. 3
9 3305 Other improper passing. 3
10 3306(a)(1) Other improper passing. 4
11 3306(a)(2) Other improper passing. 3
12 3306(a)(3) Other improper passing. 3
13 3307 Other improper passing. 3
14 3310 Following too closely. 3
15 3321 Failure to yield to driver on the
16 right at intersection. 3
17 3322 Failure to yield to oncoming
18 driver when making left turn. 3
19 3323(b) Failure to stop for stop signs. 3
20 3324 Failure to yield when entering or
21 crossing roadway between inter-
22 sections. 3
23 3332 Improper turning around. 3
24 3341 Failure to stop for flashing red
25 lights or gate at railroad
26 crossing. 3
27 3344 Failure to stop when entering from
28 alley, driveway or building. 3
29 3345(a) Failure to stop for school bus
30 with flashing red lights. 5
19770H1171B1534 - 41 -
1 (and 30 days suspension)
2 3361 Driving too fast for conditions. 2
3 3362 Exceeding maximum speed.--Over Limit:
4 6-10 2
5 11-15 3
6 16-25 4
7 26-30 5
8 31-over 5
9 (and departmental hearing
10 and sanctions provided
11 under section 1538(d))
12 3365(b) Exceeding special speed limit
13 in school zones. 3
14 3365(c) Exceeding special speed limit
15 for trucks on downgrades. 3
16 3542(a) Failure to yield to pedestrians in
17 crosswalk. 2
18 3547 Failure to yield to pedestrian on
19 sidewalk. 3
20 3549(a) Failure to yield to blind
21 pedestrian. 3
22 3702 Improper backing. 3
23 3714 Reckless driving. 3
24 3745 Leaving scene of accident
25 involving property damage only. 4
26 § 1538. School, examination or hearing on accumulation of
27 points or excessive speeding.
28 * * *
29 (b) Second accumulation of six points.--
30 (1) When any person's record has been reduced below six
19770H1171B1534 - 42 -
1 points and for the second time shows as many as six points,
2 the department shall require the person to attend a
3 departmental hearing. The hearing examiner may recommend one
4 or more of the following:
5 (i) That the person be required to attend a driver
6 improvement school.
7 (ii) That the person undergo [an] a special
8 examination [as provided for in section 1508 (relating to
9 examination of applicant for driver's license)].
10 (iii) That the person's driver's license be
11 suspended for a period not exceeding 15 days.
12 (2) The department may effect or modify the
13 recommendations of the hearing examiner but may not impose
14 any sanction not recommended by the hearing examiner.
15 (3) Upon completion of the sanction or sanctions imposed
16 by the department, two points shall be removed from the
17 person's record.
18 (4) Failure to attend the hearing or to attend and
19 satisfactorily complete the requirements of a driver
20 improvement school shall result in the suspension of such
21 person's operating privilege for 60 days. Failure to pass an
22 examination shall result in the suspension of such person's
23 operating privilege until the examination has been
24 satisfactorily completed.
25 * * *
26 (d) Conviction for excessive speeding.--
27 (1) When any person is convicted of driving 31 miles per
28 hour or more in excess of the speed limit, the department
29 shall require the person to attend a departmental hearing.
30 The hearing examiner may recommend one or more of the
19770H1171B1534 - 43 -
1 following:
2 (i) That the person be required to attend a driver
3 improvement school.
4 (ii) That the person undergo [an] a special
5 examination as provided for in section 1508 (relating to
6 examination of applicant for driver's license).
7 (iii) That the person have his driver's license
8 suspended for a period not exceeding 15 days.
9 (2) The department shall effect at least one of the
10 sanctions but may not increase any suspension beyond 15 days.
11 (3) Failure to attend the hearing or to attend and
12 satisfactorily complete the requirements of a driver
13 improvement school shall result in the suspension of such
14 person's operating privilege for 60 days. Failure to pass an
15 examination shall result in the suspension of such person's
16 operating privilege until the examination has been
17 satisfactorily completed.
18 (e) Payment of fees.--Any person required to attend a driver
19 improvement school or departmental hearing or to undergo a
20 special examination shall pay the applicable fee.
21 § 1539. Suspension of operating privilege on accumulation of
22 points.
23 * * *
24 (c) Determination of subsequent suspensions.--Every
25 suspension under this section and [revocation] under [any
26 provision of this subchapter] section 1532 (relating to
27 suspension or revocation of operating privilege) shall be
28 counted in determining whether a suspension is a second, third
29 or subsequent suspension. [Acceptance of Accelerative
30 Rehabilitative Disposition for an offense enumerated in section
19770H1171B1534 - 44 -
1 1532 (relating to revocation or suspension of operating
2 privilege) shall be considered a suspension in making such
3 determination.]
4 * * *
5 § 1540. Surrender of license.
6 (a) Conviction of offense.--Upon a conviction by a court of
7 record for any offense which calls for mandatory [revocation]
8 suspension in accordance with section 1532 (relating to
9 [revocation or] suspension or revocation of operating
10 privilege), the court or the district attorney shall require the
11 surrender of any driver's license then held by the defendant and
12 shall forward the driver's license together with a record of the
13 conviction to the department.
14 (b) Suspension of operating privilege.--Upon the suspension
15 of the operating privilege of any person by the department, the
16 department shall forthwith notify the person in writing to
17 surrender his driver's license to the department for the term of
18 suspension.
19 § 1541. Period of revocation or suspension of operating
20 privilege.
21 (a) Commencement of period.--The period of revocation or
22 suspension of the operating privilege shall commence on the date
23 on which the driver's license [was] is surrendered to and
24 received by the court or on a date determined by the department,
25 as the case may be, except that if the driver's license is
26 surrendered to the department prior to the date determined by
27 the department the suspension or revocation shall commence on
28 the date surrendered. The period of revocation or suspension of
29 a nonresident licensed driver or an unlicensed driver shall
30 commence [on the date of conviction, or in the case of a
19770H1171B1534 - 45 -
1 revocation or suspension without a conviction, in accordance
2 with its regulations] on a date determined by the department.
3 The department may, upon request of the person whose license is
4 suspended delay the commencement of the period of suspension for
5 a period not exceeding six months whenever the department
6 determines that failure to grant the extension will result in
7 hardship to the person whose license has been suspended.
8 * * *
9 (c) Restoration of revoked operating privilege.--Any person
10 whose operating privilege has been revoked pursuant to section
11 1542 (relating to revocation of habitual offender's license) is
12 not entitled to automatic restoration of the operating
13 privilege. Such person may apply for a license if permitted
14 under the provisions of this chapter and shall be issued a
15 learner's permit under section 1505 (relating to learners'
16 permits) upon expiration of the revocation.
17 § 1542. Revocation of habitual offender's license.
18 * * *
19 (b) Offenses enumerated.--Three convictions arising from
20 separate acts of any one or more of the following offenses
21 committed either singularly or in combination by any person
22 shall result in such person being designated as a habitual
23 offender:
24 (1) Any offense set forth in section 1532(a) or (b)
25 (relating to [revocation or] suspension or revocation of
26 operating privilege).
27 (2) Operation following suspension of registration as
28 defined in section 1371 (relating to operation following
29 suspension of registration).
30 (3) Making use of or operating any vehicle without the
19770H1171B1534 - 46 -
1 knowledge or consent of the owner or custodian thereof.
2 (4) Utilizing a vehicle in the unlawful transportation
3 or unlawful sale of alcohol or any controlled substance.
4 (5) Any felony in the commission of which a court
5 determines that a vehicle was essentially involved.
6 (6) Driving under suspension or revocation as defined in
7 section 1543 (relating to driving while operating privilege
8 is suspended or revoked).
9 [(c) Accelerative Rehabilitative Disposition as an
10 offense.--Acceptance of Accelerative Rehabilitative Disposition
11 for any offense enumerated in subsection (b) shall be considered
12 an offense for the purposes of this section.]
13 [(d)] (c) Period of revocation.--The operating privilege of
14 any person found to be a habitual offender under the provisions
15 of this section shall be revoked by the department for a period
16 of five years.
17 [(e)] (d) Additional offenses.--Any additional offense
18 committed within a period of five years shall result in a
19 revocation for an additional period of two years.
20 § 1543. Driving while operating privilege is suspended or
21 revoked.
22 (a) Offense defined.--Any person who drives a motor vehicle
23 on any highway of this Commonwealth at a time when the operating
24 privilege is suspended or revoked [or recalled] is guilty of a
25 summary offense and shall, upon conviction, be sentenced to pay
26 a fine of $200.
27 (b) Extending existing suspension [or revocation].--
28 (1) The department, upon receiving a certified record of
29 the conviction of any person under this section upon a charge
30 of driving a vehicle while the operating privilege was
19770H1171B1534 - 47 -
1 suspended for six months or less, shall [revoke] suspend such
2 privilege for an additional period of six months.
3 (2) If the conviction was upon a charge of driving while
4 the operating privilege was suspended for more than six
5 months, the department shall suspend such privilege for an
6 additional period of one year.
7 (3) If the conviction was upon a charge of driving while
8 the operating privilege was revoked, the department shall
9 revoke the operating privilege for an additional period of
10 [one year] two years.
11 § 1545. Restoration of operating privilege.
12 Upon the restoration of any person's operating privilege
13 which has been suspended [or revoked pursuant to this
14 subchapter,] pursuant to section 1539 (relating to suspension of
15 operating privilege on accumulation of points), such person's
16 record shall show five points, except that any additional points
17 assessed against the person since the date of the last violation
18 resulting in the suspension [or revocation] shall be added to
19 such five points unless the person has served an additional
20 period of suspension [or revocation] pursuant to section 1544(a)
21 (relating to additional period of revocation or suspension).
22 § 1547. Chemical test to determine amount of alcohol.
23 (a) General rule.--[Any person who operates] Every driver of
24 a motor vehicle in this Commonwealth shall be deemed to have
25 given consent to a chemical test of breath or blood for the
26 purpose of determining the alcoholic content of blood if a
27 police officer shall have reasonable grounds to believe the
28 person to have been driving a motor vehicle while under the
29 influence of alcohol to a degree which rendered the person
30 incapable of safe driving. The test shall be administered by
19770H1171B1534 - 48 -
1 qualified personnel and with equipment approved by the
2 department. Qualified personnel means a physician or a
3 technician acting under the physician's direction or a police
4 officer who has fulfilled the training requirements in the use
5 of such equipment in a training program approved by the
6 department.
7 (b) Suspension for refusal.--
8 (1) If any person placed under arrest for driving under
9 the influence of alcohol is requested to submit to a chemical
10 test and refuses to do so, the test shall not be given but
11 upon notice by the police officer, the department [shall]
12 may:
13 (i) suspend the operating privilege of the person
14 for a period of six months; or
15 (ii) [revoke] suspend the operating privilege of the
16 person for a period of one year for a second or
17 subsequent refusal within a period of three years.
18 (2) It shall be the duty of the police officer to inform
19 the person that the person's operating privilege [will] may
20 be suspended [or revoked] upon refusal to submit to a
21 chemical test.
22 (3) Any person whose operating privilege is suspended
23 under the provisions of this section shall have the same
24 right of appeal as provided for in cases of suspension or
25 revocation for other reasons.
26 * * *
27 (d) Presumptions from amount of alcohol.--If chemical
28 analysis of a person's breath or blood shows:
29 (1) That the amount of alcohol by weight in the blood of
30 the person tested is 0.05% or less, it shall be presumed that
19770H1171B1534 - 49 -
1 the person tested was not under influence of alcohol to a
2 degree which renders the person incapable of safe driving and
3 the person shall not be charged with any violation under
4 section 3731(a)(1) (relating to driving under influence of
5 alcohol or controlled substance), or if the person was so
6 charged prior to the test, the charge shall be void ab
7 initio.
8 (2) That the amount of alcohol by weight in the blood of
9 the person tested is in excess of 0.05% but less than 0.10%,
10 this fact shall not give rise to any presumption that the
11 person tested was or was not under the influence of alcohol
12 to a degree which renders the person incapable of safe
13 driving, but this fact may be considered with other competent
14 evidence in determining whether the person was or was not
15 under the influence of alcohol to a degree which renders the
16 person incapable of safe driving.
17 (3) That the amount of alcohol by weight in the blood of
18 the person tested is 0.10% or more, it shall be presumed that
19 the defendant was under the influence of alcohol to a degree
20 which renders the person incapable of safe driving.
21 * * *
22 § 1549. Establishment of schools.
23 * * *
24 (b) Course of instruction on alcohol and driving.--The
25 [department in conjunction with the] Governor's Council on Drug
26 and Alcohol Abuse shall establish and maintain a course of
27 instruction on the problems of alcohol and driving. The
28 curriculum of the course of instruction [established by the
29 department and the Governor's Council on Drug and Alcohol Abuse]
30 shall be uniform throughout this Commonwealth and shall be
19770H1171B1534 - 50 -
1 reviewed by [the department and] the Governor's Council on Drug
2 and Alcohol Abuse on an annual basis.
3 § 1550. Identification of driver.
4 (a) Agreement to reveal identity of driver.--Any person to
5 whom a motor vehicle is titled or registered in this
6 Commonwealth is deemed to have agreed:
7 (1) To reveal the identity of the driver of the vehicle,
8 if known, to any police officer who shall have reasonable
9 grounds to believe the vehicle was involved in an accident or
10 any violation of the law.
11 (2) To accept responsibility for any parking violation
12 in which the vehicle is involved and make payment of any fine
13 levied for such violation.
14 (b) Suspension for refusal.--
15 (1) If any person to whom a motor vehicle is titled or
16 registered in this Commonwealth shall refuse to reveal the
17 identity of the driver of the vehicle as provided in
18 subsection (a)(1), the department shall:
19 (i) suspend the operating privilege of the person
20 for a period of six months; or
21 (ii) suspend the operating privilege of the person
22 for a period of one year for a second or subsequent
23 refusal within the period of three years.
24 (2) It shall be the duty of the police officer to inform
25 the person that the person's operating privilege will be
26 suspended upon refusal to reveal the identity of the driver
27 of the vehicle.
28 (3) Any person whose operating privilege is suspended
29 under the provisions of this section shall have the same
30 right to appeal as provided for in cases of suspension for
19770H1171B1534 - 51 -
1 other reasons.
2 [§ 1550] § 1551. Judicial review.
3 (a) General rule.--Any person denied a driver's license or
4 whose operating privilege has been [recalled, canceled,]
5 suspended or revoked by the department shall have the right to
6 appeal by filing a petition within 30 days from the date notice
7 is mailed for a hearing in the court of common pleas of the
8 county in which the driver resides or, in the case of
9 [cancellation,] suspension or revocation of a nonresident's
10 operating privilege, in the county in which the offense giving
11 rise to the [recall, cancellation,] suspension or revocation
12 occurred. Notice of the appeal shall be served upon one of the
13 department's legal offices.
14 (b) Supersedeas.--[The filing] Filing and service of the
15 petition shall operate as a supersedeas and no [recall,]
16 suspension[, cancellation] or revocation which has been appealed
17 shall be imposed against such person until final determination
18 of the matter.
19 (c) Jurisdiction and proceedings of court.--The court is
20 hereby vested with jurisdiction and it shall be its duty to set
21 the matter for hearing forthwith upon 30 days written notice to
22 the department and to determine whether the [petitioner is in
23 fact the person whose] petitioner's operating privilege [is
24 subject to the recall, suspension, cancellation or revocation]
25 should be suspended or revoked, or the person's endorsement
26 removed.
27 [§ 1551] § 1552. Notice of [suspension of licenses or
28 permits.] department action.
29 The department shall [promptly] notify each person [whose
30 license or permit is suspended] of any action taken pursuant to
19770H1171B1534 - 52 -
1 section 1538 (relating to school, examination or hearing on
2 accumulation of points) or section 1539 (relating to suspension
3 of operating privilege on accumulation of points) as a result of
4 the accumulation of points. [The notification that the license
5 or permit is suspended shall be made] Notification shall be
6 mailed within six months [following] of receipt by the
7 department of notice of the conviction [of a violation of this
8 title] that resulted in the addition of sufficient points to
9 cause the [suspension] department action. Failure of the
10 department to give [prompt] notice of [suspension] the action as
11 required by this section shall prohibit the department from
12 [suspending the license or permit of such person.] taking such
13 action.
14 § 1571. Violations concerning licenses.
15 (a) Offenses defined.--It is unlawful for any person:
16 (1) To exhibit or cause or permit to be exhibited or
17 have in possession any [recalled, canceled,] suspended,
18 revoked, fictitious or fraudulently altered driver's license.
19 (2) To sell or lend a driver's license to any other
20 person or permit the use thereof by another.
21 (3) To exhibit or represent as one's own any driver's
22 license not issued to the person.
23 (4) To fail or refuse to surrender to the department
24 upon lawful demand a recalled, canceled, suspended, revoked,
25 fictitious or fraudulently altered driver's license.
26 (b) Penalty.--Any person violating any of the provisions of
27 this section is guilty of a summary offense and shall, upon
28 conviction, be sentenced to pay a fine of $100.
29 § 1572. [Cancellation] Suspension of driver's license.
30 (a) The department [may cancel any driver's license] shall
19770H1171B1534 - 53 -
1 suspend a person's operating privilege for six months upon
2 determining that the licensee was not entitled to the issuance
3 or that the person failed to give the required or correct
4 information or committed fraud in making the application or in
5 obtaining the license [or the fee has not been paid. Upon the
6 cancellation, the licensee shall immediately surrender the
7 canceled license to the department].
8 (b) Nonpayment of fee.--The department shall suspend a
9 person's operating privilege upon determining that the fee is
10 not paid. The suspension shall remain in effect until the
11 required fee and penalty have been paid.
12 § 1573. Driving under foreign license during suspension or
13 revocation.
14 Any resident or nonresident whose operating privilege to
15 drive a motor vehicle in this Commonwealth has been [recalled,
16 canceled,] suspended or revoked as provided in this title shall
17 not drive a motor vehicle in this Commonwealth under a license
18 or permit issued by any other jurisdiction or otherwise during
19 the suspension or after the [recall, cancellation or] revocation
20 until a new driver's license is obtained when and as permitted
21 under this chapter.
22 § 1901. Exemption of entities and vehicles from fees.
23 (a) Governmental and quasi-governmental entities.--Except as
24 otherwise specifically provided in this title, no fees shall be
25 charged under this title to any of the following:
26 (1) The Commonwealth.
27 (2) Political subdivisions of this Commonwealth.
28 (3) [State and local authorities.] Governmental
29 authorities organized under the laws of this Commonwealth.
30 (4) The Federal Government.
19770H1171B1534 - 54 -
1 (5) Other states.
2 (B) TITLE AND REGISTRATION FEES.--NO FEE SHALL BE CHARGED <--
3 FOR TITLING OR REGISTRATION OF ANY OF THE FOLLOWING:
4 (1) BUSES REGISTERED BY URBAN MASS TRANSPORTATION
5 SYSTEMS [EXCEPT THAT THIS PARAGRAPH SHALL COVER ONLY THE
6 NUMBER OF BUSES WHICH THE DEPARTMENT DETERMINES ARE REQUIRED
7 TO PROVIDE SCHEDULED SERVICE WITHIN THE COUNTY IN WHICH THEY
8 HAVE THEIR PRINCIPAL PLACE OF BUSINESS OR CONTIGUOUS
9 COUNTIES].
10 (2) VEHICLES REGISTERED BY VOLUNTEER FIRE, RESCUE AND
11 AMBULANCE ASSOCIATIONS.
12 (3) VEHICLES REGISTERED BY FOREIGN NATIONALS WITH THE
13 RANK OF VICE CONSUL OR HIGHER ASSIGNED TO A CONSULATE IN THIS
14 COMMONWEALTH PROVIDED THAT CITIZENS OF THE UNITED STATES ARE
15 GRANTED RECIPROCAL EXEMPTIONS.
16 (4) VEHICLES OF TOTALLY DISABLED VETERANS WHOSE
17 DISABILITY IS CERTIFIED BY THE UNITED STATES VETERANS'
18 ADMINISTRATION AS SERVICE-CONNECTED.
19 (c) Processing fee in lieu of registration fee.--No
20 registration fee shall be charged for vehicles registered by any
21 of the following but the department shall charge a fee of $10 to
22 cover the costs of processing for issuing or renewing the
23 registration:
24 (1) Hospital.
25 (2) Humane society.
26 (3) Nonprofit youth center.
27 (4) American Red Cross.
28 (5) Church.
29 (6) Girl Scouts of America.
30 (7) Boy Scouts of America.
19770H1171B1534 - 55 -
1 (8) Salvation Army.
2 (9) Duly chartered posts of national veterans'
3 organizations.
4 (10) Young Men's Christian Association.
5 (11) Young Men's Hebrew Association.
6 (12) Young Women's Christian Association.
7 (13) Young Women's Hebrew Association.
8 (14) Jewish Community Center.
9 (15) Nonprofit corporations of musical marching groups
10 of youths.
11 (16) Any person who is retired and receiving social
12 security or other pension and whose total income does not
13 exceed $7,500 per year. Unless the retired person is
14 physically or mentally incapable of driving the vehicle, the
15 retired person shall be the principal driver of the vehicle
16 but may from time to time authorize another person to drive
17 the vehicle in his or her stead.
18 (17) Any veteran [who lost a limb or eye or who became
19 partially paralyzed while serving in the armed forces of the
20 United States] who is not totally disabled but who lost one
21 or more limbs or eyes or is partially paralyzed and whose
22 disability is certified by the United States Veterans'
23 Administration as service-connected.
24 * * *
25 § 1914. Motorcycles.
26 The annual fee for registration of a motorcycle other than a
27 [motor-driven cycle] motorized pedalcycle shall be $12.
28 § 1915. [Motor-driven cycles] Motorized pedalcycle.
29 The annual fee for registration of a [motor-driven cycle]
30 motorized pedalcycle shall be $6.
19770H1171B1534 - 56 -
1 § 1916. Trucks and truck tractors.
2 The annual fee for registration of a truck or truck tractor
3 shall be determined by its registered gross weight or
4 combination weight in pounds according to the following table:
5 Class Registered Fee
6 Gross or Combination
7 Weight in Pounds
8 1 5,000 or less $ 39
9 2 5,001 - 7,000 [52]
10 51
11 3 7,001 - 9,000 84
12 4 9,001 - 11,000 108
13 5 11,001 - 14,000 132
14 6 14,001 - 17,000 156
15 7 17,001 - 21,000 192
16 8 21,001 - 26,000 216
17 9 26,001 - 30,000 252
18 10 30,001 - 33,000 300
19 11 33,001 - 36,000 324
20 12 36,001 - 40,000 342
21 13 40,001 - 44,000 360
22 14 44,001 - 48,000 384
23 15 48,001 - 52,000 420
24 16 52,001 - 56,000 444
25 17 56,001 - 60,000 501
26 18 60,001 - 64,000 552
27 19 64,001 - 68,000 576
28 20 68,001 - 73,280 606
29 § 1917. [Motor buses.] Buses.
30 The annual fee for registration of a [motor] bus other than a
19770H1171B1534 - 57 -
1 school bus shall be determined by its seating capacity according
2 to the following table:
3 Seating Capacity Fee
4 26 or less $6 per seat
5 27 - 51 156 plus $7.50 per seat
6 in excess of 26
7 52 or more 360
8 § 1919. Electric vehicles.
9 The annual fee for registration of a vehicle which is
10 propelled by electric power shall be $12 unless such vehicle
11 qualifies for a lesser fee under another provision of this
12 subchapter.
13 § 1923. Antique and [classic] historic vehicles.
14 The fee for registration of an antique or [classic] historic
15 motor vehicle shall be $50.
16 § 1926. Dealers and miscellaneous motor vehicle business.
17 * * *
18 (c) [Motor-driven cycle] Motorized pedalcycle dealers.--The
19 annual fee for each dealer registration plate issued to a
20 [motor-driven cycle] motorized pedalcycle dealer shall be $6.
21 § 1943. Annual hauling permits.
22 * * *
23 (b) Implements of husbandry.--The annual fee for operation
24 or movement of oversize [self-propelled] implements of
25 husbandry, as provided for in section 4967 (relating to permit
26 for movement of implements of husbandry), shall be $20 for the
27 first implement and $5 for each additional implement.
28 * * *
29 § 1944. Utility construction equipment.
30 The fee for a permit for each item of oversized or overweight
19770H1171B1534 - 58 -
1 utility construction equipment as provided for in section 4970
2 (relating to permit for movement of utility construction
3 equipment) shall be $50.
4 § [1944] 1945. Mobile homes and similar trailers.
5 The fee for a special hauling permit for a mobile home or
6 similar trailer which exceeds the maximum size prescribed in
7 this title shall be $20.
8 § [1945] 1946. Books of permits.
9 (a) General rule.--Upon request, permits for movement of
10 oversize vehicles or loads, the dimensions of which do not
11 exceed those specified by the department, will be issued in
12 booklet form, containing a convenient number of permits. For
13 each movement, one permit shall be removed from the booklet,
14 dated, trip data entered and securely affixed to the vehicle or
15 load.
16 (b) Penalty.--Any person violating any of the provisions of
17 this section is guilty of a summary offense and shall, upon
18 conviction, be sentenced to pay a fine of $500.
19 § [1946] 1947. Movements requiring special escort.
20 When a special escort is required, as provided for in section
21 4962 (relating to conditions of permits and security for
22 damages), the cost of the escort shall be added to the permit
23 fee. The department, the Pennsylvania State Police and local
24 authorities may establish schedules of fees for escort costs
25 based on mileage or otherwise.
26 § [1947] 1948. Refund of certain fees.
27 The portion of the fee of an unused overweight permit based
28 on ton-miles or the fee for an unused escort, or both, may be
29 refunded upon payment of a processing fee of $10.
30 § 1951. Driver's license and learner's permit.
19770H1171B1534 - 59 -
1 (a) Driver's license.--The annual fee for a driver's license
2 shall be $5 [plus the cost of the photograph required in section
3 1510(a) (relating to issuance and content of driver's license)].
4 (b) Learner's permit.--The fee for a learner's permit shall
5 be $5.
6 (c) Identification card.--The fee for an identification card
7 shall be $5.
8 (d) Replacement license or card.--The fee for a replacement
9 driver's license or identification card shall be $5.
10 (e) Photograph.--In addition to the fees set forth in this
11 section, the department shall charge the cost of the photograph
12 required by section 1510 (relating to issuance and content of
13 driver's license).
14 § 1953. Security interest.
15 The fee for recording or changing [the amount of] a security
16 interest on a certificate of title shall be $5.
17 § 1955. Information concerning drivers and vehicles.
18 (a) Registrations, titles and security interests.--The fee
19 for copies of or information relating to a driver's license,
20 learner's permit, driving record, registration, title or
21 security interest shall be $2.50.
22 * * *
23 § 1957. Uncollectible checks.
24 Whenever any check issued in payment of any fee or for any
25 other purpose is returned to the department as uncollectible,
26 the department or municipality shall charge a fee of $10 for
27 each driver's license, registration, replacement of tags,
28 transfer of registration, certificate of title, whether original
29 or duplicate, special hauling permit and each other unit of
30 issue by the department or municipality, plus all protest fees,
19770H1171B1534 - 60 -
1 to the person [presenting] drawing the check, to cover the cost
2 of collection.
3 § 1958. [Certificate of inspection] Inspection. <--
4 (a) Certificate of appointment.--Each official inspection
5 station shall pay an annual fee of $25 for a certificate of
6 appointment as provided for in section 4722 (relating to
7 certificate of appointment).
8 (b) Certification of mechanics.--Each official inspection
9 station mechanic shall pay an annual fee of $5.
10 (c) Certificate of inspection.--The department shall charge
11 [25¢] $1 for each certificate of inspection.
12 § 1960. Driver improvement school, department hearing and
13 special examination.
14 The fee for attending a driver improvement school, department
15 hearing or undergoing a special examination as provided for in
16 section 1538 (relating to school, examination or hearing on
17 accumulation of points) shall be $10.
18 § 3101. Application of part.
19 (a) General rule.--Except as provided in subsection (b), the
20 provisions of this part relating to the operation of vehicles
21 refer exclusively to the operation of vehicles upon highways
22 except where a different place is specifically referred to in a
23 particular provision.
24 (b) [Serious] Certain traffic offenses.--The provisions of
25 section 3714 (relating to reckless driving) and of subchapter B
26 of Chapter 37 (relating to serious traffic offenses) shall apply
27 upon highways and trafficways throughout this Commonwealth.
28 § 3105. Drivers of emergency vehicles.
29 * * *
30 (c) Audible and visual signals required.--The privileges
19770H1171B1534 - 61 -
1 granted in this section to an emergency vehicle shall apply only
2 when the vehicle is making use of an audible signal and visual
3 signals meeting the requirements and standards set forth in
4 regulations adopted by the department, except that an emergency
5 vehicle operated as a police vehicle [need]:
6 (1) Need not be equipped with or display the visual
7 signals.
8 (2) Need not use an audible signal when attempting to
9 time the rate of speed of a vehicle except when exercising
10 the special privileges granted under subsection 3105(b)(2) or
11 (4).
12 (D) [AMBULANCE AND BLOOD-DELIVERY] BLOOD-DELIVERY <--
13 VEHICLES.--THE DRIVER OF [AN AMBULANCE OR] A BLOOD-DELIVERY <--
14 VEHICLE SHALL COMPLY WITH MAXIMUM SPEED LIMITS, RED SIGNAL
15 INDICATIONS AND STOP SIGNS. AFTER ASCERTAINING THAT THE
16 [AMBULANCE OR] BLOOD-DELIVERY VEHICLE WILL BE GIVEN THE RIGHT- <--
17 OF-WAY, THE DRIVER MAY PROCEED THROUGH A RED SIGNAL INDICATION
18 OR STOP SIGN.
19 * * *
20 § 3111. Obedience to traffic-control devices.
21 * * *
22 (e) Evasion of traffic-control devices.--The driver of a
23 motor vehicle shall not evade or attempt to evade a traffic-
24 control device by driving off the roadway and shoulder of the
25 highway.
26 § 3112. Traffic-control signals.
27 (a) General rule.--Whenever traffic is controlled by
28 traffic-control signals exhibiting different colored lights, or
29 colored lighted arrows, successively one at a time or in
30 combination, only the colors green, red and yellow shall be
19770H1171B1534 - 62 -
1 used, except for special pedestrian signals carrying a word
2 legend, and the lights shall indicate and apply to drivers of
3 vehicles and pedestrians as follows:
4 (1) Green indication.--
5 (i) Vehicular traffic facing a circular green signal
6 may proceed straight through or turn right or left unless
7 a sign at such place prohibits either such turn except
8 that vehicular traffic, including vehicles turning right
9 or left, shall yield the right-of-way to other vehicles
10 and to pedestrians lawfully within the intersection or an
11 adjacent crosswalk at the time the signal is exhibited.
12 (ii) Vehicular traffic facing a green arrow signal,
13 shown alone or in combination with another indication,
14 may enter the intersection only to make the movement
15 indicated by the arrow, or such other movement as is
16 permitted by other indications shown at the same time.
17 Such vehicular traffic shall yield the right-of-way to
18 pedestrians lawfully within an adjacent crosswalk and to
19 other traffic lawfully using the intersection.
20 (iii) Unless otherwise directed by a pedestrian-
21 control signal as provided in section 3113 (relating to
22 pedestrian-control signals), pedestrians facing any green
23 signal may proceed across the roadway within a crosswalk.
24 (2) Steady yellow indication.--
25 (i) Vehicular traffic facing a steady yellow signal
26 is thereby warned that the related green indication is
27 being terminated or that a red indication will be
28 exhibited immediately thereafter.
29 (ii) Unless otherwise directed by a pedestrian-
30 control signal as provided in section 3113, pedestrians
19770H1171B1534 - 63 -
1 facing a steady yellow signal are thereby advised that
2 there is insufficient time to cross the roadway before a
3 red indication is shown and no pedestrian shall then
4 start to cross the roadway.
5 (3) Steady red indication.--
6 (i) Vehicular traffic facing a steady red signal
7 alone shall stop at a clearly marked stop line, or if
8 none, before entering the crosswalk on the near side of
9 the intersection, or if none, then before entering the
10 intersection and shall remain standing until an
11 indication to proceed is shown except as provided in
12 subparagraph (ii).
13 (ii) Unless a sign is in place prohibiting a turn,
14 vehicular traffic facing a steady red signal may enter
15 the intersection to turn right, or to turn left from a
16 one-way [roadway] highway onto a one-way [roadway]
17 highway after stopping as required by subparagraph (i).
18 Such vehicular traffic shall yield the right-of-way to
19 pedestrians lawfully within an adjacent crosswalk and to
20 other traffic lawfully using the intersection.
21 (iii) Unless otherwise directed by a pedestrian-
22 control signal as provided in section 3113, pedestrians
23 facing a steady red signal alone [shall] should not enter
24 the roadway.
25 * * *
26 § 3307. No-passing zones.
27 (a) Establishment and marking.--The department and local
28 authorities may determine those portions of any highway under
29 their respective jurisdictions where overtaking and passing or
30 driving on the left side of the roadway would be especially
19770H1171B1534 - 64 -
1 hazardous and shall by appropriate signs or markings on the
2 roadway indicate the beginning and end of such zones and when
3 the signs or markings are in place and clearly visible to an
4 ordinarily observant person every driver of a vehicle shall obey
5 the directions of the signs or markings. [Signs] Except in urban
6 districts, signs shall be placed to indicate the beginning and
7 end of each no-passing zone.
8 (b) Compliance by drivers.--Where required signs [and] or
9 markings or both are in place to define a no-passing zone as set
10 forth in subsection (a), no driver shall at any time drive on
11 the left side of the roadway within the no-passing zone or on
12 the left side of any pavement striping designed to mark a no-
13 passing zone throughout its length.
14 * * *
15 § 3331. Required position and method of turning.
16 * * *
17 (b) Left turn.--The driver of a vehicle intending to turn
18 left shall approach the turn in the extreme left-hand lane
19 lawfully available to traffic moving in the direction of travel
20 of the vehicle. Whenever practicable, the left turn shall be
21 made to the left of the center of the intersection and so as to
22 [leave the intersection or location in] enter the extreme left-
23 hand lane lawfully available to traffic moving in the same
24 direction as the vehicle on the roadway being entered.
25 * * *
26 § 3334. Turning movements and required signals.
27 * * *
28 (b) Signals on turning and starting.--At speeds of [less
29 than] 35 miles per hour or less, an appropriate signal of
30 intention to turn right or left shall be given continuously
19770H1171B1534 - 65 -
1 during not less than the last 100 feet traveled by the vehicle
2 before turning. The signal shall be given during not less than
3 the last 300 feet at speeds in excess of 35 miles per hour. The
4 signal shall also be given prior to entry of the vehicle into
5 the traffic stream from a parked position.
6 * * *
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] historic vehicle
22 which was not originally equipped with signal lamps.
23 § 3342. Vehicles required to stop at railroad crossings.
24 * * *
25 (d) Hazardous substances violations.--All prosecutions for
26 violations of this section by drivers of vehicles carrying
27 hazardous substances as determined by the Hazardous Substances
28 Transportation Board shall be brought under the act of November
29 9, 1965 (P.L.657, No.323), known as the "Hazardous Substances
30 Transportation Act" and regulations promulgated thereunder.
19770H1171B1534 - 66 -
1 § 3345. Meeting or overtaking school bus.
2 (a) Duty of approaching driver when red signals are
3 flashing.--Except as provided in subsection (g), the driver of a
4 vehicle meeting or overtaking any school bus stopped on the
5 highway shall stop at least ten feet before reaching the school
6 bus when the red signal lights on the school bus are flashing.
7 The driver shall not proceed until the flashing red signal
8 lights are no longer actuated. In no event shall a driver of a
9 vehicle resume motion of the vehicle until the school children
10 who may have alighted from the school bus have reached a place
11 of safety.
12 (b) Duty of approaching driver when amber signals are
13 flashing.--The driver of a vehicle meeting or overtaking any
14 school bus shall proceed past the school bus with caution and
15 shall be prepared to stop when the amber signal lights are
16 flashing.
17 (c) Use of red signals.--The red visual signals shall be
18 actuated by the driver of every school bus whenever the vehicle
19 is stopped on the highway for the purpose of receiving or
20 discharging school children, except as provided in subsections
21 (e) and (f). The signals shall not be terminated until the
22 school children who may have alighted from the school bus have
23 reached a place of safety or until boarding school children have
24 completed boarding the bus and are seated.
25 (d) Use of amber signals.--The amber visual signals shall be
26 actuated by the driver of every school bus not more than 300
27 feet nor less than 150 feet prior to making a stop for the
28 purpose of receiving or discharging school children and shall
29 remain in operation until the red visual signals are actuated.
30 Amber signals shall not be used unless the red visual signals
19770H1171B1534 - 67 -
1 are to be actuated immediately following.
2 (e) Limitations on use of signals.--The visual signals
3 required in the regulations shall not be actuated on streets in
4 urban districts designated by the department or local
5 authorities, at intersections or other places where traffic is
6 controlled by uniformed police officers or appropriately attired
7 persons authorized to direct, control or regulate traffic, or in
8 school bus loading areas designated by the department or local
9 authorities when the bus is entirely off the roadway and
10 shoulder.
11 (f) Operation for nonschool purposes.--When a school bus is
12 being operated upon a highway for purposes other than the actual
13 transportation of school children to or from school or in
14 connection with school activities, all markings indicating
15 "SCHOOL BUS" shall be covered or concealed. During such
16 operation, the flashing visual signals shall not be actuated.
17 (g) Exceptions from stopping requirements.--The driver of a
18 vehicle upon [a highway with separate roadways] a divided
19 highway, need not stop upon meeting or passing a school bus with
20 actuated red signal lights which is on [a different roadway] the
21 opposite side of the divided highway.
22 (h) Loading zones for school children.--Every school
23 district transporting school children by school bus shall
24 establish and maintain school bus loading zones at or near all
25 schools to or from which school children are transported and
26 shall establish school bus loading zones along the highways
27 traversed by school buses in accordance with regulations
28 promulgated by the department.
29 (i) Mandatory use of loading zones.--Whenever school bus
30 loading zones have been established at or near a school or along
19770H1171B1534 - 68 -
1 a highway, it is unlawful for a school bus operator to stop the
2 bus to pick up or discharge school children at any location
3 other than at the loading zones. A list or map of approved
4 loading zones for the route of the bus shall be carried by the
5 operator.
6 (j) Penalty.--Any person violating subsection (a) is guilty
7 of a summary offense and shall, upon conviction, be sentenced to
8 pay a fine of $100.
9 § 3346. Meeting or overtaking streetcar.
10 Except where a safety zone has been established, the driver
11 of a vehicle meeting or overtaking any streetcar stopped on the
12 highway for the purpose of taking on or discharging passengers
13 shall not pass the streetcar on the side on which passengers are
14 being taken on or discharged until the streetcar has started and
15 any passengers who may have alighted have reached a place of
16 safety.
17 § 3351. Stopping, standing and parking outside business and
18 residence districts.
19 (a) General rule.--Outside a business or residence district,
20 no person shall stop, park or stand any vehicle, whether
21 attended or unattended, upon the roadway when it is practicable
22 to stop, park or stand the vehicle off the roadway. In the event
23 it is necessary to stop, park or stand the vehicle on the
24 roadway or any part of the roadway, an unobstructed width of the
25 highway opposite the vehicle shall be left for the free passage
26 of other vehicles [and the vehicle shall be visible from a
27 distance of 500 feet in each direction upon the highway].
28 * * *
29 § 3352. Removal of vehicle by or at direction of police.
30 (a) Outside business and residence districts.--Whenever any
19770H1171B1534 - 69 -
1 police officer finds a vehicle in violation of any of the
2 provisions of section 3351 (relating to stopping, standing and
3 parking outside business and residence districts), the officer
4 may move the vehicle, or cause the vehicle to be moved, or
5 require the driver or other person in charge of the vehicle to
6 move the vehicle, to a position off the roadway where the
7 vehicle will not interfere unduly with the normal movement of
8 traffic or constitute a safety hazard.
9 (b) Unattended vehicle obstructing traffic.--Any police
10 officer may remove or cause to be removed to a place of safety
11 any unattended vehicle illegally left standing upon any highway,
12 bridge, causeway or in any tunnel, in such position or under
13 such circumstances as to interfere unduly with the normal
14 movement of traffic or constitute a safety hazard.
15 (c) Removal to garage or place of safety.--Any police
16 officer may remove or cause to be removed to a nearby garage or
17 other place of safety any vehicle found upon a highway under any
18 of the following circumstances:
19 (1) Report has been made that the vehicle has been
20 stolen or taken without the consent of its owner.
21 (2) The person or persons in charge of the vehicle are
22 physically unable to provide for the custody or removal of
23 the vehicle.
24 (3) The person driving or in control of the vehicle is
25 arrested for an alleged offense for which the officer is
26 required by law to take the person arrested before an issuing
27 authority without unnecessary delay.
28 (4) The vehicle is in violation of section 3353
29 (relating to prohibitions in specified places) except for
30 overtime parking.
19770H1171B1534 - 70 -
1 (5) The vehicle has been abandoned as defined in this
2 title. [The officer shall comply with the provisions of
3 subsection (d) and Chapter 73 (relating to abandoned vehicles
4 and cargos).]
5 (d) Procedure.--
6 (1) If the vehicle has been abandoned and does not fall
7 within the conditions enumerated in subsection (c)(1), (2),
8 (3) or (4), the officer shall comply with the provisions of
9 subsection (e).
10 (2) Unclaimed vehicles shall be disposed of in
11 accordance with Chapter 73 (relating to abandoned vehicles
12 and cargos).
13 [(d)] (e) Notice to owner prior to removal.--
14 (1) Prior to removal under subsection (c)(5) of an
15 abandoned vehicle bearing a registration plate by which the
16 last registered owner of the vehicle can be determined,
17 notice shall be sent by certified mail to the last registered
18 owner of the vehicle informing the owner that unless the
19 vehicle is moved to a suitable location within five days of
20 the date notice is mailed, the vehicle will be removed under
21 this section and held at a suitable facility where it may be
22 reclaimed by the owner in accordance with the provisions of
23 section 7306 (relating to payment of costs upon reclaiming
24 vehicle). If the abandoned motor vehicle does not bear an
25 identifiable registration plate, the notice may be secured to
26 the vehicle.
27 (2) If, within the five-day period, the owner so
28 requests, the owner shall be given an opportunity to explain
29 to the police officer or department why the owner believes
30 the vehicle should not be moved. If the police officer or
19770H1171B1534 - 71 -
1 department determines that the vehicle shall, nonetheless, be
2 moved, the owner shall be given an additional 48 hours to
3 move the vehicle or have it moved.
4 (3) The provision for notice set forth in this
5 subsection is in addition to any other notice requirements
6 provided in Chapter 73.
7 § 3353. Prohibitions in specified places.
8 (a) General rule.--Except when necessary to avoid conflict
9 with other traffic or to protect the safety of any person or
10 vehicle or in compliance with law or the directions of a police
11 officer or official traffic-control device, no person shall:
12 (1) Stop, stand or park a vehicle:
13 (i) On the roadway side of any vehicle stopped or
14 parked at the edge or curb of a street except that a
15 pedalcycle may be parked as provided in section
16 3509(b)(2) (relating to parking) and except where such
17 stopping, standing or parking for the purpose of loading
18 or unloading is authorized by local ordinance.
19 (ii) On a sidewalk except that a pedalcycle may be
20 parked as provided in section 3509(b)(2).
21 (iii) Within an intersection.
22 (iv) On a crosswalk.
23 (v) Between a safety zone and the adjacent curb
24 within 30 feet of points on the curb immediately opposite
25 the ends of a safety zone, unless a different length is
26 indicated by official traffic-control devices.
27 (vi) Alongside or opposite any street excavation or
28 obstruction when stopping, standing or parking would
29 obstruct traffic.
30 (vii) Upon any bridge or other elevated structure
19770H1171B1534 - 72 -
1 upon a highway or within a highway tunnel.
2 (viii) On any railroad tracks.
3 (ix) In the area between roadways of a divided
4 highway, including crossovers.
5 (x) At any place where official signs prohibit
6 stopping.
7 (2) Stand or park a vehicle:
8 (i) In front of a public or private driveway.
9 (ii) Within 15 feet of a fire hydrant.
10 (iii) Within 20 feet of a crosswalk at an
11 intersection.
12 (iv) Within 30 feet upon the approach to any
13 flashing signal, stop sign, yield sign or traffic-control
14 signal located at the site of a roadway.
15 (v) Within 20 feet of the driveway entrance to any
16 fire station or, when [properly sign posted, on the side
17 of a street opposite the entrance to any fire station
18 within 75 feet of the entrance.] signs are duly posted on
19 the opposite side of the street within 75 feet of the
20 points immediately opposite the intersections of the
21 sides of the driveway entrance with the curb line.
22 (vi) Where the vehicle would prevent the free
23 movement of a streetcar.
24 (vii) On a limited access highway unless authorized
25 by official traffic-control devices.
26 (viii) At any place where official signs prohibit
27 standing.
28 (3) Park a vehicle:
29 (i) Within 50 feet of the nearest rail of a railroad
30 crossing.
19770H1171B1534 - 73 -
1 (ii) At any place where official signs prohibit
2 parking.
3 * * *
4 (e) Penalty.--Any person violating any provision of this
5 section is guilty of a summary offense and shall, upon
6 conviction, be sentenced to pay a fine of up to $15.
7 § 3354. Additional parking regulations.
8 * * *
9 (d) Handicapped persons and disabled veterans.--
10 (1) When a motor vehicle bearing registration plates
11 issued to handicapped persons or disabled veterans as
12 prescribed in this title is being operated by or for the
13 transportation of the handicapped person or disabled veteran,
14 the driver shall be relieved of any liability for parking for
15 a period of [60] 90 minutes in excess of the legal parking
16 period permitted by local authorities except where local
17 ordinances or police regulations provide for the
18 accommodation of heavy traffic during morning, afternoon or
19 evenings hours.
20 (2) At the request of any handicapped person or disabled
21 veteran, local authorities may erect on the highway as close
22 as possible to their place of residence a sign or signs
23 indicating that that place is reserved for a handicapped
24 person or disabled veteran, that no parking is allowed there
25 by others, and that any unauthorized person parking there
26 shall be subject to a fine.
27 (e) Penalty.--Any person violating subsection (a),(b) or (d)
28 is guilty of a summary offense and shall, upon conviction, be
29 sentenced to pay a fine of up to $15.
30 § 3363. Alteration of maximum limits.
19770H1171B1534 - 74 -
1 The department or local authorities on highways under their
2 respective jurisdictions, upon the basis of an engineering and
3 traffic [investigation] study, may determine that the maximum
4 speed permitted under this subchapter is greater or less than is
5 reasonable and safe under the conditions found to exist upon any
6 such highway or part thereof and establish a reasonable and safe
7 maximum limit. The maximum speed limit may be made effective at
8 all times or at times indicated and may vary for different
9 weather conditions and other factors bearing on safe speeds. No
10 maximum speed greater than 55 miles per hour shall be
11 established under this section.
12 § 3364. Minimum speed regulation.
13 * * *
14 (c) Establishment of minimum speed limits.--At any other
15 time when the department or local authorities under their
16 respective jurisdictions determine on the basis of an
17 engineering and traffic [investigation] study that slow speeds
18 on any highway or part of a highway impede the normal and
19 reasonable movement of traffic, the department or such local
20 authority may determine and declare a minimum speed limit below
21 which no person shall drive a vehicle except when necessary for
22 safe operation or in compliance with law. The minimum limit
23 shall be effective when posted upon appropriate fixed or
24 variable signs.
25 § 3365. Special speed limitations.
26 (a) Bridges and elevated structures.--
27 (1) No person shall drive a vehicle over any bridge or
28 other elevated structure constituting a part of a highway at
29 a speed which is greater than the maximum speed which can be
30 maintained with safety to the bridge or structure when the
19770H1171B1534 - 75 -
1 structure is posted with signs as provided in this
2 subsection.
3 (2) The department and local authorities on highways
4 under their respective jurisdictions may conduct [a traffic
5 and engineering investigation] an engineering and traffic
6 study of any bridge or other elevated structure constituting
7 a part of a highway, and if it shall thereupon find that the
8 structure cannot safely withstand vehicles traveling at the
9 speed otherwise permissible under this title, the department
10 or local authority shall determine and declare the maximum
11 speed of vehicles which the structure can safely withstand,
12 and shall cause or permit official traffic-control devices
13 stating the maximum speed to be erected and maintained before
14 each end of the structure.
15 (3) Upon the trial of any person charged with a
16 violation of this subsection, proof of the determination of
17 the maximum speed by the department and the existence of the
18 signs shall constitute conclusive evidence of the maximum
19 speed which can be maintained with safety to the bridge or
20 structure.
21 * * *
22 (c) Hazardous grades.--The department and local authorities
23 on highways under their respective jurisdictions may conduct
24 [traffic and engineering investigations] engineering and traffic
25 studies on grades which are considered hazardous. If the grade
26 is determined to be hazardous, vehicles having a gross weight in
27 excess of a determined safe weight may be further limited as to
28 maximum speed and may be required to stop before proceeding
29 downhill. The restrictions shall be indicated by official
30 traffic-control devices erected and maintained according to
19770H1171B1534 - 76 -
1 regulations established by the department.
2 * * *
3 § 3367. Racing on highways.
4 * * *
5 (b) General rule.--No person shall drive a vehicle on a
6 highway in any race[, speed competition] or [contest,] drag race
7 [or acceleration contest, test of physical endurance, exhibition
8 of speed or acceleration, or for the purpose of making a speed
9 record, and no person shall] or in any manner participate in any
10 such race[, competition, contest, test or exhibition] or drag
11 race.
12 * * *
13 § 3502. Penalty for violation [of subchapter] involving
14 pedalcycle.
15 Any person [violating any provision of this subchapter]
16 operating a pedalcycle in violation of this title is guilty of a
17 summary offense and shall, upon conviction, be sentenced to pay
18 a fine of $10.
19 § 3504. Riding on pedalcycles.
20 (a) Use of seat by operator.--A person propelling a
21 pedalcycle shall not ride other than upon or astride a permanent
22 and regular seat attached to the pedalcycle.
23 (b) Number of riders.--No pedalcycle shall be used to carry
24 more persons at one time than the number for which the
25 pedalcycle is designed [and] or equipped except that an adult
26 rider may carry a child securely attached to the rider in a back
27 pack or sling.
28 § 3505. Riding on roadways and pedalcycle paths.
29 * * *
30 (e) Limited access highways.--No pedalcycle shall be
19770H1171B1534 - 77 -
1 operated on any limited access highway unless a pedalcycle path
2 has been provided as part of the highway.
3 § 3507. Lamps and other equipment on pedalcycles.
4 (a) Lamps and reflectors.--Every pedalcycle when in use
5 between sunset and sunrise shall be equipped on the front with a
6 lamp which emits a white light visible from a distance of at
7 least 500 feet to the front and with a red reflector on the rear
8 of a type approved by the department which shall be visible from
9 all distances from 100 feet to 600 feet to the rear and with an
10 amber reflector on each side or retroflective tire sidewalls. A
11 lamp emitting a red light visible from a distance of 500 feet to
12 the rear may be used in addition to the red reflector. A lamp
13 worn by the operator of a pedalcycle shall comply with the
14 requirements of this subsection if the lamp can be seen at the
15 distances specified. All lamps and reflectors shall be of a type
16 approved by the department.
17 * * *
18 § 3522. Riding on motorcycles.
19 (a) Use of seat by operator and passengers.--A person
20 operating a motorcycle shall ride only upon the permanent and
21 regular seat attached to the motorcycle, and the operator shall
22 not carry any other person nor shall any other person ride on a
23 motorcycle unless the motorcycle is designed or adapted to carry
24 more than one person, in which event a passenger may ride upon
25 the permanent and regular seat if designed for two persons, or
26 upon another seat firmly attached to the motorcycle at the rear
27 or side of the operator. In no event shall a passenger sit in
28 front of the operator of the motorcycle.
29 * * *
30 § 3525. Protective equipment for motorcycle riders.
19770H1171B1534 - 78 -
1 (a) Protective headgear.--No person holding a learner's
2 permit or a junior driver's license shall operate [or ride upon]
3 a motorcycle [or a motor-driven cycle (]other than a motorized
4 pedalcycle[)] unless he is wearing protective headgear which
5 complies with standards established by the department.
6 * * *
7 § 3706. Riding in house trailers, mobile homes or boats on
8 trailers.
9 (a) General rule.--No person or persons shall occupy a house
10 trailer, recreational trailer, except as authorized in
11 subsection (c), mobile home or boat on a trailer while it is
12 being moved upon a highway.
13 (b) Towing prohibited.--No person shall tow on a highway a
14 house trailer, mobile home or boat on a trailer occupied by a
15 passenger or passengers.
16 (c) Exception for certain semitrailers.--A semitrailer which
17 is attached to a [truck] towing vehicle in an articulating
18 manner by means of a fifth wheel semitrailer coupling device
19 attached to the carrying compartment of the [truck] towing
20 vehicle may be occupied by a passenger or passengers. The
21 coupling device shall have a two-inch or larger kingpin. All
22 windows shall have safety glass. Some means of electrical or
23 electronic communications approved by the department is required
24 between the [cab of the truck] towing vehicle and the
25 semitrailer.
26 § 3709. Depositing waste and other material on highway.
27 (a) General rule.--No person shall throw or deposit upon any
28 highway any waste paper, sweepings, ashes, household waste,
29 glass, metal, refuse or rubbish, or any dangerous or detrimental
30 object or substance.
19770H1171B1534 - 79 -
1 (b) Removal of deposited material.--Any person who [drops]
2 throws or deposits, or permits to be [dropped or] thrown or
3 deposited, upon any highway any waste paper, sweepings, ashes,
4 household waste, glass, metal, refuse or rubbish, or any
5 dangerous or detrimental object or substance shall immediately
6 remove the same or cause it to be removed.
7 (c) Removal of material following accident.--Any person
8 removing a wrecked, damaged or disabled vehicle from a highway
9 shall remove from the highway or neutralize any glass, metal,
10 oil or other [injurious] dangerous or detrimental object or
11 substance resulting from the accident or disablement.
12 (d) Penalty.--Any person violating any of the provisions of
13 subsection (a) or (b) is guilty of a summary offense and shall,
14 upon conviction, be sentenced to pay a fine of not more than
15 $300.
16 § 3711. Unauthorized persons and devices hanging on vehicles.
17 * * *
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 or to other persons
22 exempted by the department regulations from the application of
23 this section. This section does not prohibit attaching a trailer
24 or semitrailer to a pedalcycle or riding in or on the bed of a
25 truck as long as no part of any person's body extends beyond the
26 bed of the truck.
27 § 3746. Immediate notice of accident to police department.
28 * * *
29 (c) Investigation by police officer.--Every accident
30 reported to a police department as required in this section
19770H1171B1534 - 80 -
1 shall be investigated by a police officer who shall provide each
2 driver a signed statement that the accident was reported.
3 § 3749. Reports by coroners and medical examiners.
4 * * *
5 (b) Blood and urine samples.--The coroners or medical
6 examiners of each county in this Commonwealth shall take blood
7 or urine samples or both from the bodies of all drivers and of
8 all pedestrians over 15 years of age who die within four hours
9 following an accident and shall, within ten days of the
10 accident, transmit the samples to the [Governor's Council on
11 Drug and Alcohol Abuse] Department of Health. This subsection
12 shall be applicable to all occupants over 15 years of age if the
13 driver of the vehicle cannot be determined.
14 (c) Regulations for testing samples.--The [Governor's
15 Council on Drug and Alcohol Abuse] Department of Health shall
16 establish and promulgate rules and regulations for the testing
17 of the blood and urine samples authorized to be taken from dead
18 bodies under this section.
19 § 3751. Reports by police.
20 * * *
21 (b) Furnishing copies of report.--Police departments shall,
22 upon request, furnish at a [cost] price not to exceed $5 a
23 certified copy of the full report of the police investigation of
24 any vehicle accident to any person involved in the accident, his
25 attorney or insurer, and to the Federal Government, branches of
26 the military service, Commonwealth agencies, and to officials of
27 political subdivisions and to agencies of other states and
28 nations and their political subdivisions. The copy of the report
29 shall not be admissible as evidence in any action for damages or
30 criminal proceedings arising out of a motor vehicle accident.
19770H1171B1534 - 81 -
1 Police departments may refuse to furnish the complete copy of
2 investigation of the vehicle accident whenever there are
3 criminal charges pending against any persons involved in the
4 vehicle accident unless the Pennsylvania Rules of Criminal
5 Procedure require the production of the documents.
6 § 3752. Accident report forms.
7 (a) Form and content.--The department shall prepare and upon
8 request supply to all law enforcement agencies and other
9 appropriate agencies or individuals, forms for written accident
10 reports as required in this subchapter suitable with respect to
11 the persons required to make the reports and the purposes to be
12 served. The written report forms shall call for sufficiently
13 detailed information to disclose with reference to a vehicle
14 accident the cause, conditions then existing and the persons and
15 vehicles involved. Reports [for use by the drivers and owners]
16 shall also [provide for information relating to financial
17 responsibility] indicate whether the vehicle is covered by the
18 insurance required in section 104(a) of the act of July 19, 1974
19 (P.L.489, No.176), known as the "Pennsylvania No-fault Motor
20 Vehicle Insurance Act," and the name of the carrier, if any.
21 (b) [Use] Preparation.--Every accident report required to be
22 made in writing shall be made on the appropriate form approved
23 by the department and shall contain all the information required
24 therein unless not available.
25 § 4103. Promulgation of vehicle equipment standards.
26 (a) General rule.--The department shall promulgate vehicle
27 equipment standards for vehicles, equipment and devices required
28 under this part. To the maximum extent possible, consistent with
29 safety, the standards shall be expressed in terms of minimum
30 acceptable performance levels, measured against objective
19770H1171B1534 - 82 -
1 testing parameters.
2 (b) Applicability of Federal standards.--Federal standards
3 promulgated with respect to the performance of any vehicle or
4 item of equipment shall have the same force and effect as if
5 promulgated by the department under subsection (a) and shall
6 supersede any Commonwealth standard applicable to the same
7 aspect of performance for the vehicle or item of equipment.
8 (c) Incorporation of standards by reference.--Subject to the
9 provisions of subsections (a) and (b), applicable standards or
10 recommended practices issued by the National Highway Traffic
11 Safety Administration, U.S. Department of Transportation[, the
12 Vehicle Equipment Safety Commission, the American National
13 Standards Institute, the Society of Automotive Engineers] or any
14 other generally recognized standards setting body may be adopted
15 by reference, provided that copies of the standards are
16 incorporated in the notice of proposed rule making.
17 (d) Applicability to certain vehicles.--Vehicle equipment
18 standards contained in this part or promulgated by the
19 department under the authority given in this part shall not
20 apply to a motor vehicle registered as an antique or [classic]
21 historic vehicle containing equipment which meets the original
22 manufacturer's specifications.
23 (e) Extension of standards prohibited.--Vehicle equipment
24 standards promulgated by the department shall not be extended to
25 any vehicle which, because of its date of manufacture, is not
26 required by Federal standards to have the equipment.
27 § 4107. Unlawful activities.
28 (a) Violation of vehicle equipment standards.--
29 (1) It is unlawful for any person to sell, offer for
30 sale, lease, install or replace, either separately or as part
19770H1171B1534 - 83 -
1 of the equipment of a vehicle, any item of vehicle equipment
2 affecting the operation of the vehicle which does not comply
3 with this title or regulations promulgated thereunder, or
4 which does not comply with an applicable Federal motor
5 vehicle safety standard [adopted by regulation by the
6 department].
7 (2) Any person convicted of violating this subsection
8 shall be subject to a civil penalty of not more than $100 for
9 each violation. Each violation of the provisions of this
10 subsection shall constitute a separate violation with respect
11 to each motor vehicle or item of motor vehicle equipment or
12 with respect to each failure or refusal to allow or perform
13 an act required thereby, except that the maximum civil
14 penalty shall not exceed $10,000 for any related series of
15 violations.
16 * * *
17 § 4303. General lighting requirements.
18 * * *
19 (c) Turn signals and hazard warning lights.--Every motor
20 vehicle, except motorcycles [and pedalcycles] not required to be
21 so equipped at the time of manufacture, and every trailer
22 operated on a highway shall be equipped with a system of turn
23 signal lights and hazard warning lights in conformance with
24 regulations of the department.
25 * * *
26 § 4305. Vehicular hazard signal lamps.
27 * * *
28 (d) Use at other times prohibited.--Vehicular hazard signal
29 lamps shall not be used except as provided in this section.
30 § 4502. General requirements for braking systems.
19770H1171B1534 - 84 -
1 (a) Parking brakes.--Every motor vehicle [or] , full trailer
2 and combination, except a motorcycle, operated on a highway
3 shall be equipped with a parking brake system adequate to hold
4 the vehicle or combination on any grade on which it is operated,
5 under all conditions of loading, on a surface free of ice or
6 snow. The system shall not be designed to require a continuous
7 or intermittent source of energy for full effectiveness after
8 initial application.
9 (b) Service brakes.--Every vehicle and combination operated
10 on a highway shall be equipped with a service brake system
11 adequate to control the movement of and to stop and hold the
12 vehicle or combination on any grade on which it is operated,
13 under all conditions of loading, and adequate to meet the
14 braking performance standards established by regulation of the
15 department. The provisions of this subsection shall not apply to
16 trailers which have a gross weight not exceeding 1,750 pounds.
17 (c) Breakaway systems.--Every combination operated on a
18 highway, the towed vehicle of which is equipped with brakes or
19 which has a gross weight in excess of [3,000] 1,750 pounds,
20 shall be so equipped that, upon breakaway of the towed vehicle,
21 the towed vehicle shall be stopped and held automatically, and
22 the towing vehicle shall be capable of being stopped and held by
23 use of its own service braking system.
24 (d) Exceptions.--This section does not apply to towed
25 [instruments] implements of husbandry [and], such items or types
26 of special mobile equipment as are specifically exempted from
27 compliance by regulations promulgated by the department and to
28 trailers registered prior to July 1, 1977 or whose
29 manufacturer's statement of origin indicates that the trailer is
30 a 1977 model year.
19770H1171B1534 - 85 -
1 § 4524. Windshield obstructions and wipers.
2 * * *
3 (d) Windshield wiper systems.--The windshield on every motor
4 vehicle other than a motorcycle [or motor-driven cycle] shall be
5 equipped with a wiper system capable of cleaning rain, snow or
6 other moisture from the windshield, and so constructed as to be
7 controlled or operated by the driver of the vehicle.
8 § 4552. General requirements for school buses.
9 * * *
10 (e) Visibility.--Every school bus shall be designed and
11 equipped with mirrors so as to provide the driver with an
12 unobstructed view of any pedestrian in proximity to the vehicle.
13 * * *
14 (i) Vehicles no longer used as school buses.--Labels,
15 markings and visual signals required by this section must be
16 removed from any motor vehicles no longer in use as a school
17 bus.
18 § 4553. General requirements for other vehicles transporting
19 school children.
20 * * *
21 (b) Other vehicles.--A motor vehicle other than a school bus
22 used to transport children to or from school or in connection
23 with school activities[, which is not a school bus because of
24 its limited seating capacity,] shall comply with regulations
25 established by the department for such vehicles. Unless required
26 by Federal law or regulation, the regulations established by the
27 department shall not require vehicles which pick up and
28 discharge school children only at locations off the highway to
29 be of any particular color or to display flashing red and amber
30 lights.
19770H1171B1534 - 86 -
1 § 4571. Visual and audible signals on emergency vehicles.
2 (a) General rule.--Every emergency vehicle shall be equipped
3 with one or more revolving or flashing red lights and an audible
4 warning system.
5 (b) Police and fire vehicles.--
6 (1) Police vehicles may in addition to the requirements
7 of subsection (a) be equipped with revolving or flashing blue
8 lights. The combination of red and blue lights may be used
9 only on police vehicles.
10 (2) Spotlights with adjustable sockets may be attached
11 to or mounted on police vehicles.
12 (3) Unmarked police vehicles, used as emergency vehicles
13 and equipped with audible warning systems, may be equipped
14 with the lights described in this section.
15 (4) Police and fire vehicles may be equipped with a
16 mounted rack containing one or more emergency warning lights
17 or side mounted adjustable floodlights, or both.
18 (c) Fish and Game Commission vehicles.--Vehicles owned and
19 operated by the Pennsylvania Fish Commission and the
20 Pennsylvania Game Commission may be equipped with revolving or
21 flashing red lights in accordance with subsection (a).
22 (d) Vehicles prohibited from using signals.--Except as
23 otherwise specifically provided in this part, no vehicle other
24 than an emergency vehicle may be equipped with lights or audible
25 warning systems identical or similar to those specified in
26 subsections (a) and (b).
27 (e) Authorized period of use.--The lights and warning
28 systems specified by this section may be used only during an
29 emergency or in the interest of public safety and by police
30 officers in enforcement of the law.
19770H1171B1534 - 87 -
1 (f) Conformity with department regulations.--All equipment
2 authorized or required by this section shall conform to
3 department regulations.
4 § 4702. [Requirement for periodic] Periodic inspection
5 of vehicles.
6 (a) General rule.--The department shall establish a system
7 of semiannual inspection of vehicles. [registered in this
8 Commonwealth.
9 (b) Annual inspection of certain vehicles.--Recreational
10 trailers, vehicles registered as antique and classic vehicles,
11 firefighting vehicles and motorcycles shall be subject to annual
12 inspection.]
13 (b) Exemptions.--The following types of vehicles shall be
14 subject to annual inspection:
15 (1) Recreational trailers having a registered gross
16 weight in excess of 1,750 pounds.
17 (2) Vehicles registered as antique and historic
18 vehicles.
19 (3) Firefighting vehicles.
20 (4) Motorcycles.
21 (c) [Inspection of vehicles reentering this Commonwealth.--
22 Owners of Pennsylvania registered vehicles which have been
23 outside of this Commonwealth continuously for 30 days or more
24 and which at the time of reentering this Commonwealth do not
25 bear a currently valid certificate of inspection and approval
26 shall, within five days of reentering this Commonwealth, proceed
27 to an official inspection station for an inspection of the
28 vehicle.
29 (d)] Extension of inspection period.--The department may, by
30 regulation, extend the time for any of the inspections required
19770H1171B1534 - 88 -
1 by this chapter for not more than 30 days due to weather
2 conditions or other causes which render compliance with the
3 provisions of this chapter within the prescribed time difficult
4 or impossible.
5 § 4703. Operation of vehicle without official certificate of
6 inspection.
7 (a) General rule.--No [registered] motor vehicle required to
8 be registered in this Commonwealth shall be driven and no
9 [registered] trailer required to be registered in this
10 Commonwealth shall be moved on a highway unless the vehicle
11 displays a currently valid certificate of inspection and
12 approval.
13 (b) Exceptions.--Subsection (a) does not apply to:
14 (1) Special mobile equipment.
15 (2) Implements of husbandry.
16 (3) Motor vehicles being towed.
17 (4) Motor vehicles being operated or trailers being
18 towed by an official inspection station owner or employee for
19 the purpose of inspection.
20 (5) Trailers having a registered gross weight of 1,750
21 pounds or less.
22 (6) Motorized pedalcycles.
23 (c) Inspection of vehicles reentering this Commonwealth.--
24 Vehicles subject to inspection which have been outside this
25 Commonwealth continuously for 30 days or more and which, at the
26 time of reentering this Commonwealth, do not bear a currently
27 valid certificate of inspection shall be inspected within five
28 days of reentering this Commonwealth.
29 (d) Dealer-owned vehicles.--Vehicles bearing dealer
30 registration plates shall be inspected within five days of
19770H1171B1534 - 89 -
1 purchase or entry into this Commonwealth, whichever occurs
2 later.
3 (e) Grace period.--A motor vehicle shall be the subject of
4 only one arrest under subsection (a) in any 24-hour period.
5 [(c)] (f) Display of unauthorized certificate of
6 inspection.--No certificate of inspection [and approval] shall
7 be displayed unless an official inspection has been made and the
8 vehicle is in conformance with the provisions of this chapter.
9 [(d)] (g) Authority of police.--Any police officer may stop
10 any motor vehicle or trailer and require the owner or operator
11 to display an official certificate of inspection [and approval]
12 for the vehicle being operated. A police officer may summarily
13 remove an unlawfully issued certificate of inspection from any
14 vehicle.
15 § 4704. Notice by police officers of violation.
16 (a) General rule.--Any police officer having probable cause
17 to believe that any vehicle, regardless of whether it is being
18 operated, is unsafe or not equipped as required by law may at
19 any time submit a written notice of the condition to the driver
20 of the vehicle or to the owner, or if neither is present, to an
21 adult occupant of the vehicle, or if the vehicle is unoccupied,
22 the notice shall be attached to the vehicle in a conspicuous
23 place.
24 (1) If an item of equipment is broken or missing, the
25 notice shall specify the particulars of the condition and
26 require that the equipment be adjusted or repaired. Within
27 five days evidence must be submitted to the police that the
28 requirements for repair have been satisfied.
29 (2) If the police officer has probable cause to believe
30 that a vehicle is unsafe or not in proper repair, he may
19770H1171B1534 - 90 -
1 require in the written notice that the [car] vehicle be
2 inspected. The owner or driver shall submit to the police
3 within five days of the date of notification certification
4 from an official inspection station that the vehicle has been
5 restored to safe operating condition in relation to the
6 particulars specified on the notice.
7 (3) After the expiration of the five-day period
8 specified in paragraphs (1) and (2), the vehicle shall not be
9 operated upon the highways of this Commonwealth until the
10 owner or driver has submitted to the police evidence of
11 compliance with the requirements of paragraph (1) or (2),
12 whichever is applicable.
13 * * *
14 § 4727. Issuance of certificate of inspection.
15 (a) Requirements prior to inspection.--No vehicle except a
16 dealer owned vehicle shall be inspected unless it is duly
17 registered. The owner or operator or an employee of the official
18 inspection station shall examine the registration card in order
19 to ascertain that the vehicle is registered.
20 * * *
21 § 4729. Removal of certificate of inspection.
22 No certificate of inspection shall be removed from a vehicle
23 for which the certificate was issued except to replace it with a
24 new certificate of inspection issued in accordance with the
25 provisions of this chapter or as follows:
26 (1) The police officer may remove a certificate of
27 inspection in accordance with the provisions of section
28 4703(d) (relating to operation of vehicle without official
29 certificate of inspection).
30 (2) A person replacing a windshield or repairing a
19770H1171B1534 - 91 -
1 windshield in such a manner as to require removal of a
2 certificate of inspection shall at the option of the
3 registrant of the vehicle cut out the portion of the
4 windshield containing the certificate and deliver it to the
5 registrant of the vehicle or destroy the certificate. The
6 vehicle may be driven for up to five days if it displays the
7 portion of the old windshield containing the certificate as
8 prescribed in department regulations. Within the five day
9 period an official inspection station may affix to the
10 vehicle another certificate of inspection for the same
11 inspection period without reinspecting the vehicle in
12 exchange for the portion of the old windshield containing the
13 certificate of inspection. A fee of no more than $1 may be
14 charged for the exchanged certificate of inspection.
15 (3) [A salvor] Every applicant for a certificate of junk
16 pursuant to section 1117(a) (relating to vehicle destroyed or
17 junked) shall remove and destroy the certificate of
18 inspection on [every vehicle in his possession except
19 vehicles used in the operation of the business of the salvor]
20 the vehicle.
21 § 4902. Restrictions on use of highways and bridges.
22 * * *
23 (d) Erection of signs.--The department and the local
24 authorities shall erect or cause to be erected and maintained
25 signs designating the restrictions at each end of that portion
26 of any highway or bridge restricted as provided in subsections
27 (a) and (c) and at the nearest intersection in each direction of
28 the restricted highway or of the highway leading to the
29 restricted bridge with the highway on which the restricted
30 vehicles may be operated. The restrictions shall not be
19770H1171B1534 - 92 -
1 effective unless signs are erected and maintained in accordance
2 with this subsection.
3 (e) Penalty.--
4 (1) Any person operating a vehicle or combination upon a
5 highway or bridge in violation of a prohibition or
6 restriction imposed under subsection (a) is guilty of a
7 summary offense and shall, upon conviction, be sentenced to
8 pay a fine of $75. In addition, any person operating a
9 vehicle with a gross weight in excess of the posted weight
10 shall be sentenced to pay a fine of $75 for each 500 pounds,
11 or part thereof, in excess of 3,000 pounds over the maximum
12 allowable weight.
13 (2) Any person operating a vehicle or combination in
14 violation of a prohibition or restriction imposed under
15 subsection (c) is guilty of a summary offense and shall upon
16 conviction be sentenced to pay a fine of not less than $25
17 but not more than $100.
18 § 4903. Securing loads in vehicles.
19 * * *
20 (c) Load of logs.--Every load of logs on a vehicle shall be
21 securely fastened with at least three binders, chains or straps
22 and, in the case of an open-body or stake-body vehicle, trailer
23 or semitrailer there shall be a sufficient number of vertical
24 metal stakes or posts securely attached [on each side of] to the
25 vehicle, trailer or semitrailer at least as high as the top of
26 the load to secure such load in the event of a failure of the
27 binders, chains or straps.
28 * * *
29 § 4904. Limits on number of towed vehicles.
30 * * *
19770H1171B1534 - 93 -
1 (c) Towing vehicles requiring service.--
2 (1) A dolly not exceeding ten feet in length may be
3 towed by a motor vehicle for the purpose of towing another
4 vehicle requiring service.
5 (2) A combination requiring emergency service may be
6 towed to a nearby garage or other place of safety.
7 * * *
8 § 4921. Width of vehicles.
9 (a) General rule.--The total outside width of a vehicle,
10 including any load, shall not exceed eight feet except as
11 otherwise provided in this section.
12 (b) Farm vehicles.--Any implement of husbandry or vehicle
13 loaded with vegetable produce of forage crops and not exceeding
14 ten feet in width may [operate] be operated or towed between
15 sunrise and sunset on highways other than freeways.
16 (c) Buses.--Any bus [operated wholly within a municipality,
17 where permitted by the municipality; or in more than one
18 municipality, where approved by the Public Utility Commission]
19 may have a total outside width not to exceed eight feet six
20 inches when operated upon a highway having traffic-lane widths
21 of not less than ten feet.
22 (d) Nondivisible loads.--Vehicles carrying nondivisible
23 loads not exceeding eight feet six inches in width may operate
24 on any highway having a roadway width of 20 feet or more. This
25 subsection does not apply on the National System of Interstate
26 and Defense Highways.
27 (e) Mirrors and sunshades.--Mirrors and sunshades may extend
28 beyond the maximum width of a vehicle as follows:
29 (1) Mirrors may extend on each side a maximum of six
30 inches beyond the width of the vehicle, trailer or load,
19770H1171B1534 - 94 -
1 [whichever is greater.] or, in the case of a truck or truck
2 tractor, beyond the maximum allowable width, whichever is
3 greater.
4 (2) Sunshades may extend a maximum of six inches on each
5 side of the vehicle.
6 (f) Tires.--Truck, truck tractor, or trailer may extend on
7 each side a maximum of six inches beyond the width of the load,
8 or, in the case of a truck or truck tractor, beyond the maximum
9 allowable width, whichever is greater.
10 [(f)] (g) Exceptions.--The provisions of this subchapter
11 governing the width of vehicles do not apply to street sweepers
12 and snow removal equipment.
13 § 4924. Limitations on length of projecting loads.
14 (a) General rule.--Subject to the provisions of this
15 subchapter limiting the length of vehicles and loads, the load
16 upon any vehicle operated alone or the load upon the front
17 vehicle of a combination [of vehicles] shall not extend more
18 than three feet beyond the foremost part of the vehicle, and the
19 load upon any vehicle operated alone or the load, other than a
20 nondivisible load, upon the rear vehicle of a combination shall
21 not extend more than six feet beyond the rear of the bed or body
22 of such vehicle.
23 * * *
24 § 4942. Registered gross weight.
25 * * *
26 (d) Reciprocal enforcement.--The registered gross weight of
27 a vehicle registered in another state may be enforced under this
28 section pursuant to the terms of a reciprocity agreement with
29 the state in which the vehicle is registered.
30 § 4943. Maximum axle weight of vehicles.
19770H1171B1534 - 95 -
1 * * *
2 (b) Location of front axle of semitrailer.--No semitrailer,
3 originally in this Commonwealth on or after September 1, [1973]
4 1963, and having two or more axles, shall be operated upon a
5 highway unless the foremost axle of the semitrailer is at least
6 12 feet from the rearmost axle of the towing vehicle.
7 § 4944. Maximum wheel load.
8 No motor vehicle or combination shall, when operated upon a
9 highway, have a weight upon any one wheel in excess of 800
10 pounds for each nominal inch of width of tire on the wheel.
11 § 4946. Impoundment of vehicles for nonpayment of overweight
12 fines.
13 (a) General rule.--Upon imposition of any fine and costs of
14 prosecution imposed pursuant to section 4945 (relating to
15 penalties for exceeding maximum weights), the driver shall be
16 allowed 24 hours to obtain the funds and pay the fine and costs
17 of prosecution, during which time the vehicle or combination
18 shall be rendered temporarily inoperative by such police
19 officer, sheriff or constable as the issuing authority shall
20 designate. On default of payment within the 24-hour period, the
21 issuing authority shall impound the vehicle or combination and
22 order a police officer to seize them.
23 * * *
24 § 4962. Conditions of permits and security for damages.
25 * * *
26 (b) [Display of permit] Driver to exhibit permit.--Every
27 permit shall be carried in the towing vehicle and shall be [open
28 to inspection by] exhibited to any police officer or authorized
29 agent of the issuing agency or any person having an accident
30 involving a permitted vehicle or combination.
19770H1171B1534 - 96 -
1 * * *
2 (d) Special escort services.--The department or local
3 authorities shall specify [what] which movements require special
4 escort services of [the Pennsylvania State Police] police or
5 department personnel.
6 * * *
7 § 4965. Single permits for multiple highway crossings.
8 (a) General rule.--A single permit may be issued for [a
9 number of] movements across the highway at specified locations
10 within a fixed period of time [of vehicles or combinations]:
11 (1) of vehicles, combinations or loads thereon exceeding
12 the maximum size or weight specified in this chapter; or
13 (2) of unregistered vehicles or combinations used to
14 cross a highway to get from one commercial industrial
15 facility to another commercial industrial facility under the
16 same operation.
17 (b) Unlawful to move along highway.--Whenever a permit is
18 issued for crossing the highway, it is unlawful to move the
19 vehicles along the highway.
20 § 4981. Weighing and measurement of vehicles.
21 (a) Authority of police officer.--Any police officer is
22 authorized to require the driver of any vehicle or combination
23 to stop and submit the vehicle or combination to be measured and
24 weighed. Weighing may be done by using either portable or
25 stationary scales. The [measurement and] weighing shall be
26 conducted by qualified personnel who have been trained in the
27 use of weighing [and measuring] equipment in a training program
28 approved by the Department of Agriculture. A police officer may
29 require that a vehicle or combination be driven to the nearest
30 stationary scales if the scales are within two miles.
19770H1171B1534 - 97 -
1 * * *
2 (c) Weighing of wheels or axles.--If a vehicle is weighed in
3 multiple drafts, or if only a single wheel or axle or pair of
4 axles is weighed, a tolerance of [1%] 3% shall be allowed.
5 (d) Reweighing at request of driver or owner.--Whenever
6 scales operated by other than the department or a public
7 weighmaster certified by the Department of Agriculture indicate
8 that a vehicle, wheel, axle or pair of axles is overweight, the
9 driver or owner may elect to have the vehicle reweighed on the
10 nearest available [official] certified stationary scales [which
11 have been sealed by the Department of Agriculture] of a public
12 weighmaster. The lower reading of the two scales shall determine
13 whether charges shall be filed under this section.
14 § 4982. Reducing or readjusting loads of vehicles.
15 (a) Violation of weight limitations.--If the gross weight or
16 the weight upon any wheel, tire, axle or group of axles of a
17 vehicle or combination exceeds the maximum allowed, the driver
18 shall reduce or readjust the load so that the gross weight and
19 the weight upon each wheel, tire, axle or group of axles will
20 not exceed the maximum weights permitted under this chapter.
21 (b) Violation of size limitations.--If the load upon any
22 vehicle or combination is such that the size limitations of this
23 chapter are exceeded, the driver shall reduce or reposition the
24 load so that it does not exceed the size limitations.
25 [(c) Load adjustment to avoid prosecution.--If the gross
26 weight of the vehicle or combination does not exceed the maximum
27 allowable gross weight and the weight upon any axle or group of
28 axles is not more than 3% in excess of the maximum allowable
29 axle weight, the operator shall be allowed four hours to adjust
30 the position of the load so that the weight upon all wheels,
19770H1171B1534 - 98 -
1 tires, axles and groups of axles does not exceed the maximum
2 allowable weights. If the load is so rearranged no arrest shall
3 be made or prosecution brought for violation of Subchapter C
4 (relating to maximum weights of vehicles).]
5 [(d)] (c) Load incapable of reduction.--If the load on any
6 vehicle or combination is such that it is incapable of reduction
7 or dismemberment and is otherwise eligible to move under permit
8 as provided in Subchapter D (relating to special permits for
9 excessive size and weight), a valid permit shall be obtained
10 before any further movement of a vehicle or combination in
11 violation of the limitations of this chapter.
12 [(e)] (d) Responsibility of owner or driver.--All material
13 unloaded and any vehicle or combination parked awaiting a permit
14 shall be cared for by the owner or driver at the risk of the
15 owner or driver.
16 § 6104. Administrative duties of department.
17 (a) Forms.--The department shall prescribe and provide
18 suitable forms of applications, certificates of title,
19 registration cards, drivers' licenses and all other forms
20 requisite or deemed necessary to carry out the provisions of
21 this title, except Chapter 77 (relating to snowmobiles), and any
22 other laws the administration of which is vested in the
23 department.
24 * * *
25 § 6105. Department to prescribe [traffic and] engineering
26 [investigations] and traffic studies.
27 The department may establish by regulation the manner in
28 which [traffic and] engineering [investigations] and traffic
29 studies shall be carried out. The department may specify
30 particular actions which require [traffic and] engineering
19770H1171B1534 - 99 -
1 [investigations] and traffic studies. No action shall become
2 effective until the [investigation] study has been properly
3 completed.
4 § 6109. Specify powers of department and local 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.
19770H1171B1534 - 100 -
1 (8) Regulating the operation of pedalcycles and
2 requiring their registration and inspection, and the payment
3 of a 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 (12) Designating no-passing zones as authorized in
17 section 3307 (relating to no-passing zones).
18 (13) Prohibiting or regulating the use of designated
19 streets by any class or kind of traffic.
20 (14) Establishing minimum speed limits as authorized in
21 section 3364 (relating to minimum speed regulation).
22 (15) Regulating and temporarily prohibiting traffic on
23 streets closed or restricted for construction, maintenance or
24 special events.
25 (16) Prohibiting pedestrians from crossing a roadway in
26 a business district or any designated highway except in a
27 crosswalk.
28 (17) Restricting pedestrian crossings at unmarked
29 crosswalks.
30 (18) Regulating persons propelling push carts.
19770H1171B1534 - 101 -
1 (19) Regulating persons upon skates, coasters, sleds and
2 other toy vehicles.
3 (20) Adopting and enforcing such temporary or
4 experimental regulations as may be necessary to cover
5 emergencies or special conditions.
6 (21) Regulating the operation of streetcars, the passing
7 of streetcars by other vehicles and the driving upon
8 streetcar tracks by other vehicles.
9 (22) Providing for and establishing procedures governing
10 the removal and impounding of any vehicle parked on the
11 highways or public property of the local authority in
12 violation of any local ordinance adopted pursuant to the
13 authority of this title or of any of the provisions of this
14 title.
15 (23) Adopting such other traffic regulations as are
16 specifically authorized by this title.
17 * * *
18 (e) Engineering and traffic [investigation] study
19 required.--Action by local authorities under this section shall
20 be taken only after completing an engineering and traffic
21 [investigation] study when and in such manner as required by
22 regulations promulgated by the department.
23 § 6112. Removal of traffic hazards by property owner.
24 (a) General rule.--No person shall plant or place any tree,
25 plant, shrub or other obstruction which, by obstructing the view
26 of any driver or in any other manner, constitutes a traffic
27 hazard.
28 [(a) General rule] (b) Duty of property owner.--It is the
29 duty of the owner of real property to remove from the property
30 any tree, plant, shrub or other [similar] obstruction, or part
19770H1171B1534 - 102 -
1 thereof, which by obstructing the view of any driver or in any
2 other manner constitutes a traffic hazard.
3 [(b)] (c) Notice of hazard.--When the department or any
4 local authority determines on the basis of an engineering and
5 traffic [investigation] study that a traffic hazard exists, it
6 shall [notify], by certified mail, order the owner [and order]
7 to remove the hazard [removed] within ten days.
8 [(c)] (d) Penalty.--The failure of the owner to remove the
9 traffic hazard within ten days after notice under subsection
10 [(b)] (c) is a summary offense and every day the owner fails to
11 remove it shall be a separate and distinct offense. The offense
12 is punishable by a fine of $10.
13 § 6122. Authority to erect traffic-control devices.
14 (a) General rule.--The department on State-designated
15 highways and local authorities on any highway within their
16 boundaries may erect official traffic-control devices, which
17 shall be installed and maintained in conformance with the manual
18 and regulations published by the department upon all highways as
19 required to carry out the provisions of this title or to
20 regulate, restrict, direct, warn, prohibit or guide traffic.
21 (1) Local authorities shall obtain approval of the
22 department prior to erecting an official traffic-control
23 device on a State-designated highway except where department
24 regulations provide otherwise.
25 (2) Local authorities shall obtain approval of the
26 department prior to erecting any traffic-control signal
27 except in a municipality with a traffic engineer qualified in
28 accordance with department regulations.
29 * * *
30 (e) Costs.--The cost of erection of traffic-control signals
19770H1171B1534 - 103 -
1 located on State-designated highways shall be borne by the
2 Commonwealth. At intersections of State-designated highways and
3 local roads, such costs shall be borne by the Commonwealth and
4 the local authorities having jurisdiction over the local road,
5 each paying one-half of such costs, but local authorities may,
6 at their option, pay more than their half of the costs in such
7 cases.
8 § 6301. Prosecutions under local ordinances superseded by
9 title.
10 [When] Except for parking violations, when the same conduct
11 is [prescribed] proscribed under this title and a local
12 ordinance, the charge shall be brought under this title and not
13 under the local ordinance. Prosecutions brought under any local
14 ordinance, rule or regulation, which are based on a violation
15 for which there is a specific penalty provided in this title,
16 except for [overtime] parking violations, shall be deemed as
17 having been brought under this title and the assessment
18 disposition of the fines and forfeitures shall be so governed.
19 Local ordinances [regulating overtime] relating to parking shall
20 prescribe fines for violations and may authorize the payment of
21 penalties in lieu of fines and costs under prescribed
22 conditions.
23 § 6305. Arrest of nonresident.
24 (a) General rule.--Upon arrest of a nonresident for any
25 violation of this title, a police officer shall escort the
26 defendant to the appropriate issuing authority for a hearing,
27 posting of bond or payment of the applicable fine and costs,
28 unless the defendant chooses to place the amount of the
29 applicable fine (or the maximum fine in the case of a variable
30 fine) and costs in a stamped envelope addressed to the
19770H1171B1534 - 104 -
1 appropriate issuing authority and mails the envelope in the
2 presence of the police officer or unless the defendant is
3 covered by a reciprocity agreement between their resident state
4 and Pennsylvania as authorized in Subchapter C of Chapter 61
5 (relating to reciprocity).
6 * * *
7 § 6306. Costs for summary offenses.
8 (a) General rule.--Except as provided in subsection (b), any
9 person convicted of a summary offense under this title shall, in
10 addition to the fine imposed, be sentenced to pay $10 as costs
11 of the issuing authority which costs shall include all charges
12 including, when called for, the costs of postage and registered
13 or certified mail and the costs of giving a transcript to the
14 prosecutor or defendant, or both, if requested.
15 (b) Conviction after hearing.--Where the person charged with
16 a summary offense under this title demands a hearing, the costs
17 of the issuing authority shall be $15, which costs shall include
18 all charges including the charges specified in subsection (a).
19 (c) Cost of removing vehicle.--In addition to costs payable
20 under subsections (a) and (b), the defendant shall pay to the
21 issuing authority any costs incurred in removing a vehicle under
22 section 3352 (relating to removal of vehicle by or at direction
23 of police).
24 (d) Disposition of costs.--All costs collected for
25 convictions for summary offenses under this title shall be paid
26 monthly to the county in which the magisterial district is
27 located and shall be retained by the county for its use.
28 § 6308. Investigation by police officers.
29 (a) Duty of operator or pedestrian.--The operator of any
30 vehicle or any pedestrian [reasonably believed to have violated
19770H1171B1534 - 105 -
1 any provision of this title] shall stop upon request or signal
2 of any uniformed police officer and shall[, upon request,]:
3 (1) exhibit a registration card, driver's license and
4 proof of insurance, or other means of identification if a
5 pedestrian or driver of a pedalcycle; and [shall write]
6 (2) write their name in the presence of the police
7 officer if so required for the [purposes] purpose of
8 establishing identity.
9 (b) Authority of police officer.--Any uniformed police
10 officer may stop a vehicle, upon request or signal, for the
11 purpose of inspecting the vehicle as to its equipment and
12 operation, or vehicle identification number or engine number, or
13 to secure such other information as the officer may reasonably
14 believe to be necessary to enforce the provisions of this title.
15 (c) Inspection of garages and dealer premises.--Any police
16 officer or authorized department employee may inspect any
17 vehicle in any public garage or repair shop or on the premises
18 of any dealer, salvor, scrap metal processor, insurer, or other
19 public place of business for the purpose of locating stolen
20 vehicles or parts. The owner of the garage or repair shop or the
21 dealer or other person shall permit any police officer or
22 authorized department employee to make investigations under this
23 subsection.
24 (d) Production to avoid penalty.--No person shall be charged
25 with failure to exhibit proof of insurance as required by
26 subsection (a)(1) if the person does not have proof of insurance
27 in their possession and produces proof of insurance valid on the
28 date of the request at the office of the investigating officer
29 within five days of the violation.
30 § 6322. Reports by issuing authorities.
19770H1171B1534 - 106 -
1 (a) General rule.--Following the [fifteenth and last days]
2 last day of each month, every issuing authority shall prepare a
3 statement, upon forms prescribed and furnished by the
4 [department] Commonwealth, of all fines collected, bail
5 forfeited[,] and sentence imposed [and final disposition] for
6 all [cases on] violations of any provisions of this title
7 decided by the issuing authority in the [semimonthly] monthly
8 reporting period just concluded:
9 (1) Cases which have been appealed shall not be included
10 in the report.
11 (2) Cases which are appealable shall not be included in
12 the report until the appeal period expires.
13 (3) The statement shall be certified by the issuing
14 authority to be true and correct and shall be forwarded to
15 the department within [the following week] seven days, with a
16 copy sent to the police department which filed the charge.
17 (4) [The fines and bail forfeited] A copy of the
18 citation or summons shall accompany the report to the
19 department.
20 * * *
21 § 6323. Reports by courts of record.
22 The clerk of any court of record of this Commonwealth, within
23 ten days after final judgment of conviction or acquittal or
24 other disposition of charges under any of the provisions of this
25 title, shall send to the department a record of the judgment of
26 conviction, acquittal or other disposition on a form prescribed
27 by the department. A record of the judgment shall also be
28 forwarded to the department upon conviction [or acquittal] of a
29 person of a misdemeanor or felony in the commission of which the
30 judge determines that a motor vehicle was essentially involved.
19770H1171B1534 - 107 -
1 The fines and bail forfeited shall accompany the record sent to
2 the department.
3 § [6327] 6326. Inspection of records.
4 The records of the issuing authority, department and each
5 police department required under this subchapter shall be open
6 for inspection by any police officer or authorized employee of
7 the department, the Department of Justice, the Department of
8 Revenue, the Auditor General and the Court Administrator of [the
9 Supreme Court] Pennsylvania.
10 § 6342. Registration number as prima facie evidence of
11 operation.
12 (a) General rule.--In any proceeding for a violation of the
13 provisions of this title or any local ordinance[, rule or
14 regulation,] regulating parking, the registration plate
15 displayed on a vehicle shall be prima facie evidence that the
16 owner of the vehicle was then operating the vehicle.
17 [(b) Burden shifted by testimony of owner.--If at any
18 hearing or proceeding the owner testifies under oath or
19 affirmation that the owner was not operating the vehicle at the
20 time of the alleged violation and submits to an examination as
21 to who at the time was operating the vehicle and reveals the
22 name of the person, if known, then the prima facie evidence
23 arising from the registration plate shall be overcome and
24 removed and the burden of proof shifted.]
25 [(c)] (b) Burden shifted by affidavit of owner.--If the
26 information is made in a county other than that of the owner's
27 own residence and an affidavit setting forth these facts is
28 forwarded to the issuing authority, the prima facie evidence
29 arising from the registration plate shall be overcome and the
30 burden of proof shifted.
19770H1171B1534 - 108 -
1 § 6503. SUBSEQUENT CONVICTIONS OF CERTAIN OFFENSES. <--
2 EVERY PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF
3 ANY OF THE FOLLOWING PROVISIONS SHALL BE SENTENCED TO PAY A FINE
4 OF NOT LESS THAN [$200 NOR MORE THAN $1,000 OR TO IMPRISONMENT
5 FOR NOT MORE THAN ONE YEAR, OR BOTH] $500 NOR MORE THAN $1,000:
6 SECTION 1501(A) (RELATING TO DRIVERS REQUIRED TO BE
7 LICENSED).
8 SECTION 1543 (RELATING TO DRIVING WHILE OPERATING
9 PRIVILEGE IS SUSPENDED OR REVOKED).
10 SECTION 3367 (RELATING TO RACING ON HIGHWAYS).
11 SECTION 3733 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE
12 POLICE OFFICER).
13 SECTION 3734 (RELATING TO DRIVING WITHOUT LIGHTS TO AVOID
14 IDENTIFICATION OR ARREST).
15 SECTION 3748 (RELATING TO FALSE REPORTS).
16 § 6504. Inability to pay fine and costs.
17 [(a) Order for installment payments.--]Upon plea and proof
18 that a person is unable to pay any fine and costs imposed under
19 this title, a court may, in accordance with the Pennsylvania
20 Rules of Criminal Procedure, order payment of the fine and costs
21 in installments and shall fix the amounts, times and manner of
22 payment.
23 § 6505. Imprisonment for nonpayment.
24 [(b) Imprisonment for nonpayment.--]Any person who does not
25 pay any fine or costs assessed for a summary conviction under
26 this title which has not been appealed or who does not comply
27 with an order entered under [this section] section 6504
28 (relating to inability to pay fine and costs) may be imprisoned
29 for a number of days equal to one day for each $10 of the unpaid
30 balance of the fine and costs.
19770H1171B1534 - 109 -
1 [§ 6505] § 6506. Disposition of fines and forfeitures.
2 (a) State Police enforcement.--When prosecution under the
3 provisions of this title is the result of State Police action,
4 all fines and penalties and all bail forfeited shall be paid to
5 the Department of Revenue, transmitted to the State Treasury and
6 credited to the Motor License Fund. One-half of the revenue
7 shall be paid to municipalities in the same ratio provided in
8 section 4 of the act of June 1, 1956 (P.L.1944, No.655),
9 relating to partial allocation of liquid fuels and fuel use tax
10 proceeds.
11 (b) Local police enforcement in general.--When prosecution
12 under the provisions of this title, except for parking, is the
13 result of local police action, one-half of all fines and
14 penalties and all bail forfeited shall be paid to the political
15 subdivision under which the local police are organized and one-
16 half to the Department of Revenue, transmitted to the State
17 Treasury and credited to the Motor License Fund.
18 (c) Local police enforcement of parking.--When prosecution
19 under the provisions of this title for parking is the result of
20 local police action, all fines and penalties and all bail
21 forfeited shall be paid to the political subdivision under which
22 the local police are organized.
23 § 7102. Removal or falsification of identification number.
24 (a) Offense defined.--A person who willfully removes or
25 falsifies an identification number of a vehicle, engine,
26 differential or transmission is guilty of a misdemeanor of the
27 [third] second degree.
28 (b) Fraudulent intent.--A person who willfully and with
29 intent to conceal or misrepresent the identity of a vehicle,
30 engine, differential or transmission, removes or falsifies an
19770H1171B1534 - 110 -
1 identification number thereof, is guilty of a misdemeanor of the
2 first degree.
3 (c) Exception.--This section does not apply to the removal
4 of [an] a vehicle identification number plate from a vehicle
5 [for which a certificate of junk has been obtained] in
6 accordance with the requirements of section 1117(a) (relating to
7 vehicle destroyed or junked).
8 § 7103. Dealing in vehicles with removed or falsified
9 numbers.
10 (a) Offense defined.--A person who buys, receives,
11 possesses, sells or disposes of a vehicle, engine, differential
12 or transmission, knowing that an identification number has been
13 removed or falsified, is guilty of a misdemeanor of the third
14 degree.
15 (b) Knowledge of fraudulent intent.--A person who buys,
16 receives, possesses, sells or disposes of a vehicle, engine,
17 differential or transmission with knowledge that an
18 identification number has been removed or falsified with intent
19 to conceal or misrepresent the identity thereof, is guilty of a
20 [felony of the third degree] misdemeanor of the first degree.
21 (c) Exception.--This section does not apply to the removal
22 of [an] a vehicle identification number plate from a vehicle
23 [for which a certificate of junk has been obtained] in
24 accordance with the requirements of section 1117(a) (relating to
25 vehicle destroyed or junked).
26 § 7105. Seizure of vehicles with removed or falsified
27 numbers.
28 (a) Duty of police.--Every police officer having knowledge
29 of a vehicle on which the [vehicle] identification number of the
30 vehicle, engine, differential or transmission has been removed
19770H1171B1534 - 111 -
1 or falsified shall immediately seize and take possession of the
2 vehicle, engine, differential or transmission and arrest or file
3 a complaint for the arrest of the suspected owner or custodian.
4 In all actions involving seizure or possession of such vehicles,
5 [vehicle] engines, differentials or transmissions identification
6 information shall be transmitted to the Federal or other
7 agencies involved in recovery of stolen vehicles, engines,
8 differential or transmissions.
9 [(b) Proceedings if owner known.--The court, upon petition
10 of the owner or of the person entitled to possession of a seized
11 vehicle may relinquish custody of the vehicle to the person
12 legally entitled to the vehicle upon presentation of proof that
13 a State replacement vehicle identification number plate has been
14 issued by the department under section 7104 (relating to State
15 replacement vehicle identification number plate). Except as
16 otherwise provided in this section, the court shall retain in
17 custody the seized vehicle pending prosecution of the person
18 arrested. In case the person is found guilty, the vehicle shall
19 remain in the custody of the court until the fine and costs of
20 prosecution are paid, except that if 90 days have elapsed after
21 the verdict has been rendered and the fine and costs have not
22 been paid, the court shall proceed to advertise and sell the
23 vehicle in the manner provided by law for the sale of personal
24 property under execution. The proceeds from the sale shall be
25 used to pay the fine and costs of prosecution and the balance,
26 if any, shall be forwarded to the department to be transmitted
27 to the State Treasurer for deposit in the Motor License Fund.]
28 (b) Proceedings if owner known:
29 (1) Except as provided in paragraph (2), the court shall
30 retain in custody the seized vehicle, engine, differential or
19770H1171B1534 - 112 -
1 transmission pending prosecution of the person arrested. If
2 the person is found guilty, the vehicle shall remain in the
3 custody of the court until the fine and costs of prosecution
4 are paid, except that if 90 days have elapsed after the
5 verdict has been rendered and the fine and costs have not
6 been paid, the court shall advertise and sell the vehicle,
7 engine, differential or transmission in the manner provided
8 by law for the sale of personal property under execution. The
9 proceeds from the sale shall be used to pay the fine and
10 costs of prosecution and the balance, if any, shall be
11 forwarded to the department to be transmitted to the State
12 Treasurer for deposit in the Motor License Fund.
13 (2) The court may relinquish custody of such:
14 (i) a vehicle to a person to whom a State
15 replacement vehicle identification number plate has been
16 issued in accordance with section 7104 (relating to State
17 replacement vehicle identification number plate); or
18 (ii) an engine, differential or transmission to the
19 owner or person entitled thereto.
20 (c) Proceedings if owner unknown.--If ownership of the
21 vehicle, engine, differential or transmission is not established
22 to the satisfaction of the court, the vehicle, engine,
23 differential or transmission shall be confiscated by the court
24 and sold immediately, and the proceeds shall be used to pay the
25 costs of proceedings and the balance, if any, shall be forwarded
26 to the department to be transmitted to the State Treasurer for
27 deposit in the Motor License Fund.
28 § 7113. Reporting stolen and recovered vehicles.
29 (a) Stolen vehicle.--Every police department or police
30 [office] officer, having knowledge of a stolen vehicle, shall
19770H1171B1534 - 113 -
1 immediately furnish the State Police with full information about
2 the stolen vehicle. The State Police shall forward the stolen
3 vehicle information to the department.
4 * * *
5 [§ 7116. Fraudulent removal of vehicle from garage.
6 No person shall remove or cause to be removed, by any false
7 pretension or with intent to defraud, any vehicle that has been
8 placed in a garage or automobile shop for storage, repair or
9 garage service.]
10 § 7121. False application for certificate of title or
11 registration.
12 A person is guilty of a misdemeanor of the [first] second
13 degree if the person uses a false or fictitious name or address
14 or makes a material false statement, or fails to disclose a
15 security interest, or conceals any other material fact in an
16 application for a certificate of title or for registration.
17 § 7122. Altered, forged or counterfeit documents and plates.
18 A person is guilty of a misdemeanor of the [first] second
19 degree if the person, with fraudulent intent:
20 (1) alters, forges or counterfeits a certificate of
21 title, registration card or plate[, inspection certificate]
22 or proof of insurance;
23 (2) alters or forges an assignment of a certificate of
24 title, or an assignment or release of a security interest on
25 a certificate of title or any other document issued or
26 prepared for issue by the department; or
27 (3) has possession of, sells or attempts to sell, uses
28 or displays a certificate of title, registration card or
29 plate, [driver's license, inspection certificate] proof of
30 insurance or any other document issued by the department,
19770H1171B1534 - 114 -
1 knowing it to have been altered, forged or counterfeited.
2 § 7123. Sale or purchase of certificate or other document.
3 [It is unlawful to purchase or sell] A person is guilty of a
4 misdemeanor of the second degree if such person purchases or
5 sells a certificate or any other document issued by the
6 department. Police officers or department representatives may
7 confiscate the documents when unlawfully possessed or used.
8 § 7301. Authorization of salvors.
9 * * *
10 (d) Storage facility.--A salvor may rent or own a storage
11 facility, which shall comply with the act of [December 15, 1971
12 (P.L.596, No.160), known as the "Outdoor Advertising Control Act
13 of 1971," where applicable, and with regulations promulgated by
14 the department.] July 28, 1966 (3rd Sp.Sess., P.L.91, No.4),
15 entitled "An act restricting the establishment and maintenance
16 of junkyards along highways; providing for the screening of
17 outdoor junkyards; prescribing a license fee; conferring powers
18 and imposing duties on the Secretary of Highways; providing
19 authority to take property by eminent domain for the screening
20 or removal of junkyards in certain cases; making an
21 appropriation; and providing penalties."
22 § 7306. Payment of costs upon reclaiming vehicle.
23 In the event the owner or lienholder of an abandoned vehicle
24 reclaims the vehicle, the reclaiming party shall pay the costs
25 for towing and storage, plus a fee of [$25 of which $10] $15
26 which shall be transmitted to the department by the salvor.
27 § 7309. Junking of vehicles valueless except for junk.
28 * * *
29 (c) Reimbursement of expenses of salvor.--Upon receipt
30 within six months of evidence that a salvor has removed an
19770H1171B1534 - 115 -
1 abandoned vehicle upon the request of a police department and
2 applied for a certificate of junk for such vehicle, the
3 department shall pay to the salvor from the Motor License Fund
4 the sum of $15 for the expenses incurred in the removal and
5 towing of the abandoned vehicle. No portion of the $15 payment
6 or any separate consideration shall be reimbursed or paid to any
7 government agency or municipalities by the salvor.
8 * * *
9 § 7502. Certificate of authorization.
10 * * *
11 (c) Bond required.--Before issuing a certificate of
12 authorization, the department shall require the applicant to
13 furnish and maintain a bond indemnifying the public and the
14 department in the amount of [$50,000] $25,000. An individual
15 bond for each place of business is not required, but all places
16 of business shall be covered by the bond.
17 * * *
18 § 7703. Applicability of chapter.
19 (a) Vehicle regulation generally.--Unless the context
20 clearly indicates otherwise, the other provisions of this title
21 do not apply to this chapter.
22 (b) Law enforcement officers.--This chapter does not apply
23 to law enforcement officers while engaged in the performance of
24 their official duties.
25 Section 2. Transitional traffic control provisions.
26 In addition to the transitional provisions provided in
27 section 2 of the act of June 17, 1976 (P.L.162, No.81), entitled
28 "An act amending Title 75 (Vehicles) of the Pennsylvania
29 Consolidated Statutes, adding revised, compiled and codified
30 provisions relating to vehicles and pedestrians," the following
19770H1171B1534 - 116 -
1 transitional provisions regarding the exemption of existing
2 traffic restrictions from engineering and traffic studies are
3 hereby provided and shall apply to the pertinent provisions of
4 Title 75 of the Pennsylvania Consolidated Statutes:
5 (1) Engineering and traffic studies will not be
6 required for traffic restrictions in effect and duly posted
7 on the effective date of this act, except that engineering
8 and traffic studies will be required within three years of
9 the effective date of this act in order to validate the
10 following types of traffic restrictions:
11 (i) School speed zones and school signs as provided
12 for in section 3365(b) (relating to special speed
13 limitations).
14 (ii) Stop intersections as provided for in section
15 6109(a)(6) (relating to specific powers of department and
16 local authorities), where three or more approaches are
17 required to stop.
18 (iii) No-passing zones as provided for in section
19 3307 (relating to no-passing zones) on two lane, two-way
20 highways.
21 (iv) Angle parking as provided for in section
22 3354(c) (relating to additional parking regulations).
23 (v) Any maximum speed as provided for in section
24 3363 (relating to alteration of maximum speed units) of
25 less than 35 miles per hour.
26 (2) At the time of the first renewal after July 1, 1977,
27 a driver holding a valid driver's license issued by the
28 department may have the renewed driver's license endorsed
29 with one or more classes of vehicles based on self
30 certification in driving the classes of vehicles without
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1 undergoing an examination.
2 Section 3. Transitional revocation and suspension
3 provisions.
4 Notwithstanding the provisions of 75 Pa.C.S. § 1543(b)(3)
5 (relating to extending existing suspension), the department,
6 upon receiving a certified record of the conviction of any
7 person upon a charge of driving a vehicle while the operating
8 privilege was revoked for one year under section 616(a) of "The
9 Vehicle Code" of 1959 or revoked for six months or one year
10 under this title prior to the effective date of this amendatory
11 act, shall suspend such operating privilege for an additional
12 like period.
13 Section 4. Color photograph requirement deadline.
14 The requirement for a color photograph on an identification
15 card provided for in 75 Pa.C.S. § 1510 (relating to issuance and
16 content of driver's license) as added by the act of June 17,
17 1976 (P.L.162, No.81) shall be implemented no later than July 1,
18 1978.
19 Section 5. Repeals.
20 Section 2(h), act of June 17, 1976 (P.L.162, No.81), entitled
21 "An act amending Title 75 (Vehicles) of the Pennsylvania
22 Consolidated Statutes, adding revised, compiled and codified
23 provisions relating to vehicles and pedestrians," is hereby
24 repealed.
25 Section 209(b)(2) and (3), act of July 15, 1976 (P.L.1014,
26 No.204), known as the "Magisterial District Reform Act," is
27 hereby repealed.
28 Section 6. Effective date.
29 This act shall take effect July 1, 1977, or immediately
30 whichever is later, EXCEPT THAT THE PROVISIONS OF SECTION <--
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1 6112(E) SHALL TAKE EFFECT JULY 1, 1978.
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