PRIOR PRINTER'S NOS. 1414, 2080               PRINTER'S NO. 2299

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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 AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           DECEMBER 7, 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.  Sections 3314 and 3354(d)(1) of Title 75 of the
     9  Pennsylvania Consolidated Statutes are amended to read:
    10  § 3314.  Prohibiting use of hearing impairment devices.
    11     (a)  General rule.--No driver shall operate a vehicle while
    12  wearing or using one or more headphones[,] or earphones [or any
    13  similar device which the department by regulation determines
    14  would impair the ability of the driver to hear traffic sounds].
    15     (b)  Exception.--
    16         (1)  This section does not prohibit the use of hearing


     1     aids or other devices for improving the hearing of the
     2     driver.
     3         (2)  This section shall not apply to motorcycle operators
     4     complying with section 3525 (relating to protective equipment
     5     for motorcycle riders).
     6  § 3354.  Additional parking regulations.
     7     * * *
     8     (d)  Handicapped persons and disabled veterans.--
     9         (1)  When a motor vehicle bearing registration plates or
    10     displaying a placard issued to handicapped persons or
    11     disabled veterans as prescribed in this title is being
    12     operated by or for the transportation of the handicapped
    13     person or disabled veteran, the driver shall be relieved of
    14     any liability for parking for a period of 60 minutes in
    15     excess of the legal parking period permitted by local
    16     authorities except where local ordinances or police
    17     regulations provide for the accommodation of heavy traffic
    18     during morning, afternoon or evening hours.
    19         * * *
    20     Section 2.  Title 75 is amended by adding a section and a
    21  chapter to read:
    22  § 4708.  Inspection of motorcycles.
    23     An annual system of inspections in accordance with section
    24  4702 (relating to requirements for periodic inspection of
    25  vehicles) shall be established for motorcycles according to the
    26  following schedule:
    27         (1)  Motorcycles whose registrations expire in the months
    28     of January and July shall be inspected in the months of May,
    29     June or July.
    30         (2)  Motorcycles whose registrations expire in the months
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     1     of February and August shall be inspected in the months of
     2     June, July or August.
     3         (3)  Motorcycles whose registrations expire in the months
     4     of March and September shall be inspected in the months of
     5     July, August or September.
     6         (4)  Motorcycles whose registrations expire in the months
     7     of April and October shall be inspected in the months of
     8     August, September or October.
     9         (5)  Motorcycles whose registrations expire in the months
    10     of May and November shall be inspected in the months of
    11     March, April or May.
    12         (6)  Motorcycles whose registrations expire in the months
    13     of June and December shall be inspected in the months of
    14     April, May or June.
    15                             CHAPTER 79
    16                            MOTORCYCLES
    17  Subchapter
    18     A.  General Provisions
    19     B.  Motorcycle Safety Education
    20                            SUBCHAPTER A
    21                         GENERAL PROVISIONS
    22  Sec.
    23  7901.  Short title of chapter.
    24  7902.  Definitions.
    25  7903.  Waiver of examination.
    26  7904.  Fees.
    27  7905.  Restricted receipts account.
    28  § 7901.  Short title of chapter.
    29     This chapter shall be known and may be cited as the
    30  Motorcycle Safety Law.
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     1  § 7902.  Definitions.
     2     The following words and phrases when used in this chapter
     3  shall have the meanings given to them in this section unless the
     4  context clearly indicates otherwise:
     5     "Approved motorcycle safety course."  A course of motorcycle
     6  safety education approved by the department and offered by
     7  public schools or other organizations which meet instructional,
     8  course and teacher certification requirements of this
     9  Commonwealth.
    10     "Motorcycle Safety Education Account."  A restricted receipts
    11  account established from fees assessed by this chapter.
    12  § 7903.  Waiver of examination.
    13     Applicants who have successfully completed an approved
    14  motorcycle safety course shall be deemed to have met the
    15  requirements of the motorcycle operator's license examination
    16  administered by the department and the examination shall be
    17  waived.
    18  § 7904.  Fees.
    19     Fees relating to motorcycle licenses for motorcycle operators
    20  to be collected by the department under this chapter are as
    21  follows:
    22         (1)  A fee of $2 shall be assessed and collected for each
    23     original motorcycle operator's license.
    24         (2)  A fee of $2 shall be assessed and collected for each
    25     annual renewal of a motorcycle operator's license.
    26         (3)  A fee of $2 shall be assessed and collected for each
    27     motorcycle learner's permit.
    28         (4)  A fee of $2 shall be assessed and collected for each
    29     replacement motorcycle operator's license.
    30  § 7905.  Restricted receipts account.
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     1     The department shall deposit all moneys received from fees
     2  collected under this chapter in a restricted receipts fund,
     3  which shall be known as the Motorcycle Safety Education Account,
     4  for the administration of AND SUCH MONEYS SHALL BE APPLIED TO     <--
     5  THE COSTS INCURRED IN ADMINISTERING AND CONDUCTING motorcycle
     6  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.



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