PRIOR PRINTER'S NO. 1414 PRINTER'S NO. 2080
No. 1209 Session of 1983
INTRODUCED BY RYBAK, KOWALYSHYN, FREEMAN, ZWIKL, AFFLERBACH,
McHALE, GRUPPO, SEMMEL, D. W. SNYDER, CIMINI, TRELLO,
KUKOVICH, BOOK, VROON, BATTISTO, E. Z. TAYLOR, MILLER,
MAIALE, HALUSKA, COY, MAYERNIK, COLAFELLA, McINTYRE,
STEIGHNER, DeLUCA, TELEK, PETRONE, FISCHER, PRATT, MRKONIC,
WAMBACH, FATTAH, CARN, KOSINSKI, EVANS, WESTON, SALVATORE AND
JAROLIN, JUNE 14, 1983
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 26, 1983
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for parking for handicapped
3 persons; FURTHER PROVIDING FOR THE USE OF HEARING IMPAIRMENT <--
4 DEVICES; PROVIDING FOR INSPECTION OF MOTORCYCLES; AND ADDING
5 PROVISIONS RELATING TO MOTORCYCLE SAFETY.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section SECTIONS 3314 AND 3354(d)(1) of Title 75 <--
9 of the Pennsylvania Consolidated Statutes is ARE amended to <--
10 read:
11 § 3314. PROHIBITING USE OF HEARING IMPAIRMENT DEVICES. <--
12 (A) GENERAL RULE.--NO DRIVER SHALL OPERATE A VEHICLE WHILE
13 WEARING OR USING ONE OR MORE HEADPHONES[,] OR EARPHONES [OR ANY
14 SIMILAR DEVICE WHICH THE DEPARTMENT BY REGULATION DETERMINES
15 WOULD IMPAIR THE ABILITY OF THE DRIVER TO HEAR TRAFFIC SOUNDS].
16 (B) EXCEPTION.--
1 (1) THIS SECTION DOES NOT PROHIBIT THE USE OF HEARING
2 AIDS OR OTHER DEVICES FOR IMPROVING THE HEARING OF THE
3 DRIVER.
4 (2) THIS SECTION SHALL NOT APPLY TO MOTORCYCLE OPERATORS
5 COMPLYING WITH SECTION 3525 (RELATING TO PROTECTIVE EQUIPMENT
6 FOR MOTORCYCLE RIDERS).
7 § 3354. Additional parking regulations.
8 * * *
9 (d) Handicapped persons and disabled veterans.--
10 (1) When a motor vehicle bearing registration plates or
11 displaying a placard issued to handicapped persons or
12 disabled veterans as prescribed in this title is being
13 operated by or for the transportation of the handicapped
14 person or disabled veteran, the driver shall be relieved of
15 any liability for parking for a period of 60 minutes in
16 excess of the legal parking period permitted by local
17 authorities except where local ordinances or police
18 regulations provide for the accommodation of heavy traffic
19 during morning, afternoon or evening hours.
20 * * *
21 Section 2. This act shall take effect immediately. <--
22 SECTION 2. TITLE 75 IS AMENDED BY ADDING A SECTION AND A <--
23 CHAPTER TO READ:
24 § 4708. INSPECTION OF MOTORCYCLES.
25 AN ANNUAL SYSTEM OF INSPECTIONS IN ACCORDANCE WITH SECTION
26 4702 (RELATING TO REQUIREMENTS FOR PERIODIC INSPECTION OF
27 VEHICLES) SHALL BE ESTABLISHED FOR MOTORCYCLES ACCORDING TO THE
28 FOLLOWING SCHEDULE:
29 (1) MOTORCYCLES WHOSE REGISTRATIONS EXPIRE IN THE MONTHS
30 OF JANUARY AND JULY SHALL BE INSPECTED IN THE MONTHS OF MAY,
19830H1209B2080 - 2 -
1 JUNE OR JULY.
2 (2) MOTORCYCLES WHOSE REGISTRATIONS EXPIRE IN THE MONTHS
3 OF FEBRUARY AND AUGUST SHALL BE INSPECTED IN THE MONTHS OF
4 JUNE, JULY OR AUGUST.
5 (3) MOTORCYCLES WHOSE REGISTRATIONS EXPIRE IN THE MONTHS
6 OF MARCH AND SEPTEMBER SHALL BE INSPECTED IN THE MONTHS OF
7 JULY, AUGUST OR SEPTEMBER.
8 (4) MOTORCYCLES WHOSE REGISTRATIONS EXPIRE IN THE MONTHS
9 OF APRIL AND OCTOBER SHALL BE INSPECTED IN THE MONTHS OF
10 AUGUST, SEPTEMBER OR OCTOBER.
11 (5) MOTORCYCLES WHOSE REGISTRATIONS EXPIRE IN THE MONTHS
12 OF MAY AND NOVEMBER SHALL BE INSPECTED IN THE MONTHS OF
13 MARCH, APRIL OR MAY.
14 (6) MOTORCYCLES WHOSE REGISTRATIONS EXPIRE IN THE MONTHS
15 OF JUNE AND DECEMBER SHALL BE INSPECTED IN THE MONTHS OF
16 APRIL, MAY OR JUNE.
17 CHAPTER 79
18 MOTORCYCLES
19 SUBCHAPTER
20 A. GENERAL PROVISIONS
21 B. MOTORCYCLE SAFETY EDUCATION
22 SUBCHAPTER A
23 GENERAL PROVISIONS
24 SEC.
25 7901. SHORT TITLE OF CHAPTER.
26 7902. DEFINITIONS.
27 7903. WAIVER OF EXAMINATION.
28 7904. FEES.
29 7905. RESTRICTED RECEIPTS ACCOUNT.
30 § 7901. SHORT TITLE OF CHAPTER.
19830H1209B2080 - 3 -
1 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE
2 MOTORCYCLE SAFETY LAW.
3 § 7902. DEFINITIONS.
4 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
5 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
6 CONTEXT CLEARLY INDICATES OTHERWISE:
7 "APPROVED MOTORCYCLE SAFETY COURSE." A COURSE OF MOTORCYCLE
8 SAFETY EDUCATION APPROVED BY THE DEPARTMENT AND OFFERED BY
9 PUBLIC SCHOOLS OR OTHER ORGANIZATIONS WHICH MEET INSTRUCTIONAL,
10 COURSE AND TEACHER CERTIFICATION REQUIREMENTS OF THIS
11 COMMONWEALTH.
12 "MOTORCYCLE SAFETY EDUCATION ACCOUNT." A RESTRICTED RECEIPTS
13 ACCOUNT ESTABLISHED FROM FEES ASSESSED BY THIS CHAPTER.
14 § 7903. WAIVER OF EXAMINATION.
15 APPLICANTS WHO HAVE SUCCESSFULLY COMPLETED AN APPROVED
16 MOTORCYCLE SAFETY COURSE SHALL BE DEEMED TO HAVE MET THE
17 REQUIREMENTS OF THE MOTORCYCLE OPERATOR'S LICENSE EXAMINATION
18 ADMINISTERED BY THE DEPARTMENT AND THE EXAMINATION SHALL BE
19 WAIVED.
20 § 7904. FEES.
21 FEES RELATING TO MOTORCYCLE LICENSES FOR MOTORCYCLE OPERATORS
22 TO BE COLLECTED BY THE DEPARTMENT UNDER THIS CHAPTER ARE AS
23 FOLLOWS:
24 (1) A FEE OF $2 SHALL BE ASSESSED AND COLLECTED FOR EACH
25 ORIGINAL MOTORCYCLE OPERATOR'S LICENSE.
26 (2) A FEE OF $2 SHALL BE ASSESSED AND COLLECTED FOR EACH
27 ANNUAL RENEWAL OF A MOTORCYCLE OPERATOR'S LICENSE.
28 (3) A FEE OF $2 SHALL BE ASSESSED AND COLLECTED FOR EACH
29 MOTORCYCLE LEARNER'S PERMIT.
30 (4) A FEE OF $2 SHALL BE ASSESSED AND COLLECTED FOR EACH
19830H1209B2080 - 4 -
1 REPLACEMENT MOTORCYCLE OPERATOR'S LICENSE.
2 § 7905. RESTRICTED RECEIPTS ACCOUNT.
3 THE DEPARTMENT SHALL DEPOSIT ALL MONEYS RECEIVED FROM FEES
4 COLLECTED UNDER THIS CHAPTER IN A RESTRICTED RECEIPTS FUND,
5 WHICH SHALL BE KNOWN AS THE MOTORCYCLE SAFETY EDUCATION ACCOUNT,
6 FOR THE ADMINISTRATION OF MOTORCYCLE SAFETY EDUCATION PROGRAMS.
7 SUBCHAPTER B
8 MOTORCYCLE SAFETY EDUCATION
9 SEC.
10 7911. MOTORCYCLE SAFETY EDUCATION PROGRAM.
11 § 7911. MOTORCYCLE SAFETY EDUCATION PROGRAM.
12 THE DEPARTMENT SHALL ESTABLISH A MOTORCYCLE SAFETY EDUCATION
13 PROGRAM THROUGHOUT THIS COMMONWEALTH. IT SHALL APPROVE AND
14 CONDUCT AN ANNUAL REVIEW OF COURSE MATERIAL FOR AUTHORIZED
15 SCHOOLS. IT SHALL CERTIFY ALL INSTRUCTORS AND SHALL INCLUDE A
16 UNIFORM CURRICULUM FOR THE COURSE OF INSTRUCTION AND TRAINING
17 REQUIREMENTS FOR INSTRUCTORS. THE DEPARTMENT SHALL BE
18 RESPONSIBLE FOR CERTIFYING SCHOOLS TO CONDUCT APPROVED
19 MOTORCYCLE SAFETY COURSES AND SHALL ADOPT SUCH NECESSARY RULES
20 AND REGULATIONS TO GOVERN THE ADMINISTRATION OF MOTORCYCLE
21 EDUCATION WITHIN THIS COMMONWEALTH.
22 SECTION 3. (A) THE PROVISIONS OF 75 PA.C.S. § 3314
23 (RELATING TO PROHIBITING USE OF HEARING IMPAIRMENT DEVICES) AND
24 75 PA.C.S. § 3354(D) (RELATING TO ADDITIONAL PARKING
25 REGULATIONS) SHALL TAKE EFFECT IMMEDIATELY.
26 (B) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
E24L75RAW/19830H1209B2080 - 5 -