PRINTER'S NO. 2974
No. 2151 Session of 2005
INTRODUCED BY ADOLPH, MICOZZIE, ARMSTRONG, BOYD, CALTAGIRONE,
CRAHALLA, CREIGHTON, DeWEESE, D. EVANS, HARPER, HENNESSEY,
HERSHEY, KILLION, LEACH, PISTELLA, WALKO, WATSON AND
YOUNGBLOOD, OCTOBER 31, 2005
REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 31, 2005
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, defining "frozen dessert," "frozen dessert truck"
3 and "vend"; and providing for approaching or overtaking
4 stopped frozen dessert truck and for frozen dessert truck
5 equipment.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 102 of Title 75 of the Pennsylvania
9 Consolidated Statutes is amended by adding definitions to read:
10 § 102. Definitions.
11 Subject to additional definitions contained in subsequent
12 provisions of this title which are applicable to specific
13 provisions of this title, the following words and phrases when
14 used in this title shall have, unless the context clearly
15 indicates otherwise, the meanings given to them in this section:
16 * * *
17 "Frozen dessert." Ice cream, frozen custard, French ice
18 cream, French custard ice cream, sherbet, fruit sherbet, ice
1 milk, ice, water ice, nonfruit sherbets, nonfruit water ices,
2 freezer-made milkshakes, quiescently frozen confection,
3 quiescently frozen dairy confection, whipped cream confection,
4 bisque tortoni, artificially sweetened ice cream, artificially
5 sweetened ice milk, special frozen dietary foods, frozen yogurt,
6 mellorine frozen desserts, as all such products are commonly
7 known, together with any mix used in frozen desserts and any
8 products which are similar in appearance, odor or taste to these
9 products or are prepared or frozen as these products are
10 customarily prepared or frozen whether made with dairy or
11 nondairy products and ice flavored with syrup.
12 "Frozen dessert truck." A motor vehicle in which frozen
13 desserts are carried for purposes of retail sale on the streets
14 of this Commonwealth.
15 * * *
16 "Vend." Offering frozen desserts for sale from a motor
17 vehicle on the streets of this Commonwealth.
18 * * *
19 Section 2. Title 75 is amended by adding sections to read:
20 § 3347. Approaching or overtaking stopped frozen dessert truck.
21 (a) Duty of approaching driver.--The driver of a vehicle
22 approaching or overtaking from either direction a frozen dessert
23 truck stopped on the highway or trafficway shall stop before
24 reaching the truck when the flashing red lights and side stop
25 signal arm described in section 4574 (relating to frozen dessert
26 truck equipment) are in use. After stopping, a driver may
27 proceed past the frozen dessert truck at a reasonable and
28 prudent speed, not exceeding 15 miles per hour, and shall yield
29 the right-of-way to any pedestrian who crosses the roadway to or
30 from the truck.
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1 (b) Exception.--The driver of a vehicle on a highway or
2 trafficway having dual or multiple roadways separated by safety
3 islands or physical traffic separation installations need not
4 stop upon meeting or passing a frozen dessert truck on another
5 roadway.
6 § 4574. Frozen dessert truck equipment.
7 In addition to other equipment required by law, a frozen
8 dessert truck may be equipped with:
9 (1) Signal lamps mounted at the same level and as high
10 and as widely spaced laterally as practicable. These lamps
11 shall be five to seven inches in diameter and shall display
12 two alternately flashing red lights visible at 500 feet to
13 the front and rear in normal sunlight upon a straight level
14 highway.
15 (2) A side stop signal arm that can be extended
16 horizontally from the left side of the truck. When the signal
17 arm is extended, the side of the signal arm nearest the truck
18 shall be seven and one-fourth inches long and parallel to the
19 side of the truck. The side farthest from the truck shall be
20 18 inches long and parallel to the side nearest the truck.
21 The two sides shall be 18 inches apart creating a
22 symmetrical, trapezoidal shape. Two alternately flashing red
23 lights shall be located in the outside corners of the
24 extended signal arm, and the corners shall be rounded to
25 conform with the shape of the lights. Each red light shall be
26 three to five inches in diameter and visible at 300 feet to
27 the front and rear in normal sunlight upon a straight and
28 level street. Both sides of the signal arm shall have a red
29 reflectorized background and the following legend: The word
30 "STOP" shall appear in six-inch-high, one-inch-wide white
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1 letters in the middle of the signal arm. Above the word
2 "STOP," the phrase "IF SAFE" shall appear in two-inch-high,
3 one-fourth-inch-wide white letters. Below the word "STOP,"
4 the phrase "THEN GO" shall appear in two-inch-high, one-
5 fourth-inch-wide white letters. All colors shall meet
6 specifications in the most recently published Federal Highway
7 Administration standard color charts. The bottom of the
8 extended signal arm shall be 42 inches above the street.
9 (3) A convex mirror mounted on the front so the driver
10 in his normal seating position can see the area in front of
11 the truck obscured by the hood.
12 Section 3. This act shall take effect in 60 days.
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