PRINTER'S NO. 184
No. 163 Session of 2007
INTRODUCED BY WATSON, GEIST, HENNESSEY, YOUNGBLOOD, BASTIAN,
BOYD, CALTAGIRONE, CAPPELLI, CARROLL, CIVERA, DALLY, FRANKEL,
GINGRICH, KILLION, MARSHALL, MARSICO, MELIO, MOYER, MURT,
O'NEILL, RUBLEY, SCAVELLO, SIPTROTH, SONNEY AND STEIL,
JANUARY 31, 2007
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 31, 2007
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for junior driver's license, for
3 learners' permits, for suspension of operating privilege and
4 for restraint systems.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 1503(c), 1505(e), 1538(e) and 4581(a)
8 and (b) of Title 75 of the Pennsylvania Consolidated Statutes
9 are amended to read:
10 § 1503. Persons ineligible for licensing; license issuance to
11 minors; junior driver's license.
12 * * *
13 (c) Junior driver's license.--The department may issue a
14 junior driver's license to a person 16 or 17 years of age under
15 rules and regulations adopted by the department and subject to
16 the provisions of this section. A junior driver's license shall
17 automatically become a regular driver's license when the junior
1 driver attains 18 years of age.
2 (1) Except as provided in paragraph (2), no licensed
3 junior driver shall drive a vehicle upon a public highway
4 between 11 p.m. and 5 a.m. unless accompanied by a spouse 18
5 years of age or older, a parent or a person in loco parentis.
6 (2) A licensed junior driver conforming to the
7 requirements of section 1507 (relating to application for
8 driver's license or learner's permit by minor) may drive a
9 vehicle upon a public highway between 11 p.m. and 5 a.m.
10 between the junior driver's home and activity or employment
11 or in the course of the junior driver's activity or
12 employment if the junior driver is a member of a volunteer
13 fire company authorized by the fire chief to engage in
14 fighting fires, is engaged in public or charitable service or
15 is employed and is carrying an affidavit or certificate of
16 authorization signed by the junior driver's fire chief,
17 supervisor or employer indicating the probable schedule of
18 the junior driver's activities. Upon termination of the
19 junior driver's activity or employment, the junior driver
20 shall surrender the affidavit or certificate to the fire
21 chief, supervisor or employer. If the junior driver shall
22 fail to surrender the affidavit or certificate, the employer,
23 fire chief or supervisor shall immediately notify the
24 Pennsylvania State Police.
25 (2.1) Except as set forth in paragraph (2.2) or (2.3), a
26 junior driver may not drive a vehicle with more than one
27 passenger under 18 years of age.
28 (2.2) With parental or in loco parentis approval, a
29 junior driver may drive a vehicle with passengers who are
30 siblings or relatives who live in the same dwelling as the
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1 junior driver.
2 (2.3) A junior driver may drive a vehicle with
3 passengers employed to perform farm labor who are being
4 transported between parts of a farm or farms owned or
5 operated by the passenger's employer.
6 (3) In addition to the other provisions of this title
7 relating to the suspension or revocation of operating
8 privileges, in the event that a licensed junior driver is
9 involved in an accident reportable under section 3746(a) for
10 which the junior driver is partially or fully responsible in
11 the opinion of the department or is convicted of any
12 violation of this title, the department may suspend the
13 operating privileges of the junior driver until the junior
14 driver attains 18 years of age or for a period of time not
15 exceeding 90 days.
16 (4) Any junior driver or other person violating any
17 provision of this subsection is guilty of a summary offense.
18 § 1505. Learners' permits.
19 * * *
20 (e) Authorization to test for driver's license and junior
21 driver's license.--A person with a learner's permit is
22 authorized to take the examination for a regular or junior
23 driver's license for the class of vehicle for which a permit is
24 held. Before a person under the age of 18 years may take the
25 examination for a junior driver's license, the minor must:
26 (1) Have held a learner's permit for that class of
27 vehicle for a period of six months.
28 (2) Present to the department a certification form
29 signed by the father, mother, guardian, person in loco
30 parentis or spouse of a married minor stating that the minor
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1 applicant has completed [50] 65 hours of practical driving
2 experience, including no less than ten hours of nighttime
3 driving and five hours of inclement weather driving,
4 accompanied as required under subsection (b). Submission of a
5 certification shall not subject the parent, guardian, person
6 in loco parentis or spouse of a married minor to any
7 liability based upon the certification.
8 (3) Have the certification form completed when the minor
9 is ready for the licensing examination. The certification
10 form shall be developed by the department and will be
11 provided by the department when the original application for
12 a learner's permit is processed. The department will make
13 this form readily available through the mail or electronic
14 means.
15 * * *
16 § 1538. School, examination or hearing on accumulation of
17 points or excessive speeding.
18 * * *
19 (e) Additional suspension of operating privilege.--
20 (1) In addition to any other provisions of law relating
21 to the suspension or revocation of operating privileges, a
22 person's operating privileges shall be suspended under any of
23 the following circumstances:
24 (i) Prior to reaching age 18, the person violates
25 section 3362 (relating to maximum speed limits) by
26 traveling 26 miles per hour or more over the posted speed
27 limit and the violation results in a conviction, guilty
28 plea or plea of no contest before or after the person
29 reaches age 18.
30 (ii) The person accumulates six or more points under
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1 the provisions of section 1535 (relating to schedule of
2 convictions and points) and the violations resulting in
3 points accumulation were committed before the person
4 reached age 18.
5 (2) The first suspension under paragraph (1) shall be
6 for a period of 90 days with every subsequent suspension
7 under paragraph (1) to be for a period of 120 days.
8 Suspensions under paragraph (1) shall be imposed
9 consecutively to each other and to any other suspension. A
10 suspension under paragraph (1) shall be considered a
11 subsequent suspension even if it is imposed contemporaneously
12 with a first suspension imposed under paragraph (1). A
13 suspension under this paragraph shall be in lieu of a
14 suspension under subsection (d)(1).
15 § 4581. Restraint systems.
16 (a) Occupant protection.--
17 (1) Any person who is operating a passenger car, Class I
18 truck, Class II truck, classic motor vehicle, antique motor
19 vehicle or motor home and who transports a child under four
20 years of age anywhere in the motor vehicle, including the
21 cargo area, shall fasten such child securely in a child
22 passenger restraint system, as defined in subsection (d).
23 This subsection shall apply to all persons while they are
24 operators of motor vehicles where a seating position is
25 available which is equipped with a seat safety belt or other
26 means to secure the systems or where the seating position was
27 originally equipped with seat safety belts.
28 (1.1) Any person who is operating a passenger car, Class
29 I truck, Class II truck, classic motor vehicle, antique motor
30 vehicle or motor home and who transports a child four years
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1 of age or older but under eight years of age anywhere in the
2 motor vehicle, including the cargo area, shall fasten such
3 child securely in a fastened safety seat belt system and in
4 an appropriately fitting child booster seat, as defined in
5 subsection (d). This paragraph shall apply to all persons
6 while they are operators of motor vehicles where a seating
7 position is available which is equipped with a seat safety
8 belt or other means to secure the systems or where the
9 seating position was originally equipped with seat safety
10 belts. [A conviction under this paragraph by State or local
11 law enforcement agencies shall occur only as a secondary
12 action when a driver of a motor vehicle has been convicted of
13 violating any other provision of this title.]
14 (2) (i) Except for children under eight years of age and
15 except as provided in paragraphs (1) and (1.1), each
16 driver and front seat occupant of a passenger car, Class
17 I truck, Class II truck or motor home operated in this
18 Commonwealth shall wear a properly adjusted and fastened
19 safety seat belt system. [A conviction under this
20 paragraph by State or local law enforcement agencies
21 shall occur only as a secondary action when a driver of a
22 motor vehicle has been convicted of any other provision
23 of this title.]
24 (ii) The driver of a passenger automobile shall
25 secure or cause to be secured in a properly adjusted and
26 fastened safety seat belt system any occupant who is
27 eight years of age or older and less than 18 years of
28 age.
29 (iii) This paragraph shall not apply to:
30 [(i)] (A) A driver or front seat occupant of any
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1 vehicle manufactured before July 1, 1966.
2 [(ii)] (B) A driver or front seat occupant who
3 possesses a written verification from a physician
4 that he is unable to wear a safety seat belt system
5 for physical or medical reasons, or from a
6 psychiatrist or other specialist qualified to make an
7 informed judgment that he is unable to wear a safety
8 seat belt system for psychological reasons.
9 [(iii)] (C) A rural letter carrier while
10 operating any motor vehicle during the performance of
11 his duties as a United States postal service rural
12 letter carrier only between the first and last
13 delivery points.
14 [(iv)] (D) A driver who makes frequent stops and
15 is traveling less than 15 miles per hour for the
16 purpose of delivering goods or services while in the
17 performance of his duties and only between the first
18 and last delivery points.
19 (iv) A violation of this paragraph shall not be
20 subject to the assessment of any points under section
21 1535 (relating to schedule of convictions and points).
22 (3) A driver who is under 18 years of age may not
23 operate a motor vehicle in which the number of passengers
24 exceeds the number of available safety seat belts in the
25 vehicle.
26 (b) Offense.--Anyone who fails to comply with the provisions
27 of subsection (a)(1) or (1.1) shall be guilty of a summary
28 offense with a maximum fine of $100. The court imposing and
29 collecting any such fines shall transfer the fines thus
30 collected to the State Treasurer for deposit in the Child
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1 Passenger Restraint Fund, pursuant to section 4582 (relating to
2 Child Passenger Restraint Fund). Anyone who violates subsection
3 (a)(2) or (3) commits a summary offense and shall, upon
4 conviction, be sentenced to pay a fine of $10. No person shall
5 be convicted of a violation of subsection [(a)(2)] (a)(2)(i)
6 unless the person is also convicted of another violation of this
7 title which occurred at the same time. No costs as described in
8 42 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for
9 summary conviction of subsection (a)(2) or (3). Conviction under
10 this subsection shall not constitute a moving violation.
11 * * *
12 Section 2. This act shall take effect in 60 days.
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