THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, TARTAGLIONE, TOMLINSON, PIPPY AND BOSCOLA, JANUARY 12, 2011

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JANUARY 17, 2012   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in preliminary provisions, further providing for

definitions; in special vehicles and pedestrians, providing

for regulation and operation of neighborhood electric

vehicles; and, in inspection of vehicles, further providing

for operation of vehicle without official certificate of

inspection.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 102 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Neighborhood electric vehicle."  A four-wheeled electric

vehicle that has a maximum design speed of not less than 20

miles per hour and of not more than 25 miles per hour and that

is certified by the manufacturer to comply with the Federal

motor vehicle safety standards established in 49 CFR § 571.500

(relating to Standard No. 500; Low-speed vehicles).

* * *

Section 2.  Chapter 35 of Title 75 is amended by adding a

subchapter to read:

SUBCHAPTER F

OPERATION OF NEIGHBORHOOD ELECTRIC VEHICLES

Sec.

3591.  Scope of subchapter.

3592.  Required equipment.

3593.  Operation on certain highways or roadways.

3594.  Licensing, financial responsibility, titling and      

<--

registration Same treatment as passenger cars.

<--

3595.  Seating limitation.

3596.  Waiver of liability.

§ 3591.  Scope of subchapter.

This subchapter applies to the operation of neighborhood

electric vehicles on certain highways or roadways in this

Commonwealth.

§ 3592.  Required equipment.

(a)  General rule.--A neighborhood electric vehicle operated

upon any highway or roadway in this Commonwealth shall be

maintained in proper condition and comply with the equipment

requirements and standards as set forth in 49 CFR § 571.500

(relating to Standard No. 500; Low-speed vehicles). A

neighborhood electric vehicle operated upon any highway or

roadway in this Commonwealth shall be equipped with the

following additional equipment:

(1)  Brakes adequate to control the movement of and to

stop such vehicle.

(2)  An odometer.

(3)  A speedometer.

(4)  The original manufacturer's vehicle identification

number die stamped upon the body or frame, or both, of the

vehicle or the original manufacturer's vehicle identification

number die stamped upon the engine or motor of the vehicle.

(5)  A windshield wiper.

<--

(6)  A horn.

(7)  A battery charge indicator.

(b)  Exemption.--A neighborhood electric vehicle shall be

exempt from equipment requirements not enumerated in this

subchapter.

(c)  Slow moving vehicle emblem.--A neighborhood electric

<--

vehicle shall have a slow moving vehicle emblem affixed in a

conspicuous place on the rear of the vehicle consistent with the

provisions of section 4529 (relating to slow moving vehicle

emblem). 25 MPH vehicle decal.--A neighborhood electric vehicle

<--

shall have a safety information decal as provided by the

manufacturer affixed in a conspicuous place on the rear of the

vehicle which shall display in prominent lettering "25 MPH

Vehicle." The decal shall be at least 4 inches in height by 10

inches in length.

(d)  Penalties.--Any person who operates a neighborhood

electric vehicle without the equipment prescribed in this

section shall be subject to the penalties under section 6502

(relating to summary offenses).

§ 3593.  Operation on certain highways or roadways.

(a)  Operation on State highways.--

(1)  Except as otherwise provided under paragraphs (2)

and (3), a neighborhood electric vehicle may not be operated

upon any highway or roadway under the jurisdiction of the

department with a posted speed in excess of 25 miles per

hour.

(2)  The secretary may, by order, permit the use of a

neighborhood electric vehicle upon any highway or roadway

under the jurisdiction of the department where the posted

speed limit is greater than 25 miles per hour but not greater

than 35 miles per hour.

(3)  The secretary may, by order, prohibit the use of a

neighborhood electric vehicle on any street under the

jurisdiction of the department where the secretary determines

that the operation of a neighborhood electric vehicle would

constitute a hazard.

(4)  Any order issued by the secretary under paragraph

(2) or (3) shall be published in the Pennsylvania Bulletin.

(b)  Operation on local roadways.--

(1)  Except as otherwise provided under paragraph (2) or

(3), a neighborhood electric vehicle may not be operated upon

any highway or roadway under the jurisdiction of a local

authority with a posted speed limit in excess of 25 miles per

hour.

(2)  Local authorities may, by ordinance or resolution,

as appropriate, in the case of any roadway under their

jurisdiction, permit the use of a neighborhood electric

vehicle where the posted speed limit is greater than 25 miles

per hour but not greater than 35 miles per hour.

(3)  A local authority may, by ordinance or resolution,

as appropriate, prohibit the use of a neighborhood electric

vehicle on any roadway where the local authority determines

that the operation of a neighborhood electric vehicle would

constitute a hazard.

(c)  Intersection with State highways.--

(1)  A neighborhood electric vehicle may enter an

intersection and cross any highway or roadway under the

jurisdiction of the department where the posted speed limit

is 35 miles per hour or less, provided that, if the highway

or roadway is more than two lanes or is divided, such

crossing shall only occur at a signalized intersection or at

<--

a nonsignalized intersection as the secretary determines is

appropriate for such crossings either on the secretary's own

motion or at the request of a local authority.

(2)  A neighborhood electric vehicle may enter an

intersection and cross any highway or roadway under the

jurisdiction of the department where the posted speed limit

is in excess of 35 miles per hour only at a signalized

intersection or at such nonsignalized intersection as the

<--

secretary determines is appropriate for such crossing either

upon the secretary's own motion or at the request of a local

authority.

(d)  Intersection with local roadways.--

(1)  A neighborhood electric vehicle may enter an

intersection and cross any highway or roadway under the

jurisdiction of a local authority where the posted speed

limit is 35 miles per hour or less, provided that, if the

highway or roadway is more than two lanes or is divided, such

crossing shall only occur at signalized intersections or at

<--

such nonsignalized intersections as the local authority by

ordinance or resolution, as appropriate, determines are

appropriate for such crossing.

(2)  A neighborhood electric vehicle may enter an

intersection and cross any highway or roadway under the

jurisdiction of a local authority where the posted speed

limit is in excess of 35 miles per hour only at a signalized

<--

intersection or at such nonsignalized intersection as the

<--

local authority by ordinance or resolution, as appropriate,

determines to be appropriate for such crossing.

(e)  Violation.--Any person operating a neighborhood electric

vehicle upon a highway or roadway or crossing a highway or

roadway in violation of this section shall be subject to the

penalties under section 6502 (relating to summary offenses).

§ 3594.  Licensing, financial responsibility, titling and

<--

registration Same treatment as passenger cars.

<--

(a)  General rule.--A neighborhood electric vehicle shall be

<--

considered a passenger car for the purposes of Part II (relating

to title, registration and licensing) and section 4581 (relating

to restraint systems).

(b)  License and financial responsibility.--An operator of a

<--

neighborhood electric vehicle must have a valid driver's license

and maintain financial responsibility as required by Chs. 15

(relating to licensing of drivers) and 17 (relating to financial

responsibility).

(c)  Certificate of title and registration.--A neighborhood

electric vehicle shall be properly titled and registered with

the department as required by Chs. 11 (relating to certificate

of title and security interests) and 13 (relating to

registration of vehicles).

(d)  Possession of information.--The driver's license, the

registration certificate of a motor vehicle and an insurance

identification card shall be in the possession of the driver or

operator at all times when the driver or operator is in charge

of a neighborhood electric vehicle on the highways or roadways

of this Commonwealth.

§ 3595.  Seating limitation.

A neighborhood electric vehicle may not be operated at a time

in which the number of passengers exceeds the number of

available safety belts in the vehicle.

§ 3596.  Waiver of liability.

(a)  General rule.--A purchaser of a new neighborhood

electric vehicle in this Commonwealth shall execute a waiver and

certify that the neighborhood electric vehicle was purchased

with full knowledge of the potentially hazardous characteristics

of such vehicles as detailed by the manufacturer or the

manufacturer's agent or dealer.

(b)  Manufacturer responsibility.--The waiver shall be

prepared by the manufacturer and kept in the possession of the

manufacturer and the manufacturer's agent or dealer of

neighborhood electric vehicles. An executed copy shall be

provided to the purchaser.

(c)  Signing by purchaser.--The signing of the waiver by the

purchaser shall serve to eliminate any liability of the

manufacturer and the manufacturer's agent or dealer of

neighborhood electric vehicles.

Section 3.  Section 4703(b) of Title 75 is amended by adding

a paragraph to read:

§ 4703.  Operation of vehicle without official certificate of

inspection.

* * *

(b)  Exceptions.--Subsection (a) does not apply to:

* * *

(14)  A neighborhood electric vehicle.

* * *

Section 4.  This act shall take effect in 180 days.