Regular Session 2017-2018 House Bill 1347 P.N. 1673

PRINTER'S NO. 1673

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1347

Session of

2017

INTRODUCED BY HANNA, LONGIETTI, SANKEY, WARREN AND MOUL,

MAY 8, 2017

REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 8, 2017

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in snowmobiles and all-terrain vehicles, expanding

the scope of the chapter to include modified golf carts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 77 heading and section 7701 of Title 75

of the Pennsylvania Consolidated Statutes are amended to read:

CHAPTER 77

SNOWMOBILES, MODIFIED GOLF CARTS

AND ALL-TERRAIN VEHICLES

§ 7701. Short title of chapter.

This chapter shall be known and may be cited as the

Snowmobile, Modified Golf Cart and All-Terrain Vehicle Law.

Section 2. The definition of "dealer" in section 7702 of

Title 75 is amended and the section is amended by adding a

definition to read:

§ 7702. Definitions.

The following words and phrases when used in this chapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Dealer." A person engaged in the business of selling

snowmobiles, modified golf carts or all-terrain vehicles at

wholesale or retail who is registered or required to be

registered under section 7711 (relating to registration of

dealers).

* * *

"Modified golf cart." A self-propelled motor vehicle which

is designed to, other than transport people engaged in the game

of golf:

(1) Carry two or more persons.

(2) Operate at speeds of 25 miles per hour or less.

(3) Have at least four wheels in contact with the

ground.

(4) Have an unladen weight of less than 1,800 pounds.

The term does not include a golf cart on a golf course or

otherwise engaged in the game of golf.

* * *

Section 3. Section 7706 of Title 75, amended July 20, 2016

(P.L.837, No.97), is amended to read:

§ 7706. Restricted accounts.

(a) Deposit and use of moneys.--

(1) The ATV Management Restricted Account and the

Snowmobile Management Restricted Account are established in

the State Treasury. The department shall deposit the

following into the appropriate restricted account:

(i) all moneys received from the registration of and

issuance of certificates of title for snowmobiles,

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modified golf carts and ATV's and from the issuance of

vintage snowmobile permits;

(ii) all revenue from the sale of any publications

or services relating to snowmobiles, modified golf carts

and ATV's;

(iii) all fines, penalties, fees and costs assessed

and collected as a result of enforcement activities

conducted by the department's law enforcement personnel

under this chapter related to violations attributed to

ATV's shall be deposited in the ATV Management Restricted

Account;

(iv) all fines, penalties, fees and costs assessed

and collected as a result of enforcement activities

conducted by the department's law enforcement personnel

under this chapter related to violations attributed to

snowmobiles shall be deposited in the Snowmobile

Management Restricted Account; [and]

(iv.1) all fines, penalties, fees and costs assessed

and collected as a result of enforcement activities

conducted by the department's law enforcement personnel

under this chapter related to violations attributed to

modified golf carts shall be deposited in the Modified

Golf Cart Account; and

(v) all refunds of gas taxes generated under section

9017(d.1) (relating to refunds) shall be deposited in the

two restricted accounts on a proportional basis of the

activity that generated those taxes.

(2) The department shall draw moneys from the respective

restricted accounts for use in performing any activities

necessary to carry out the purposes of this chapter,

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including registration and certificate of title activities,

training, education, enforcement activities, construction and

maintenance of snowmobile, modified golf cart and ATV trails

and acquisition of equipment, supplies and interests in land.

All moneys deposited in these accounts shall remain in them

to be used as specified in this section. With the exception

of trails used by [both] snowmobiles, modified golf carts and

ATV's, under no circumstances shall the department expend any

moneys from the accounts except for the activity that

generated those accounts.

(3) The provisions of 42 Pa.C.S. § 3573(b)(2) (relating

to municipal corporation portion of fines, etc.)

notwithstanding, when prosecution under this chapter is the

result of local police action, all fines, penalties, fees and

costs assessed as a result of such prosecution shall be

payable to the municipal corporation under which the local

police are organized.

(b) Grant-in-aid.--The department shall, upon written

application and subsequent approval, grant money from the

restricted accounts:

(1) To municipalities, profit and nonprofit

organizations in connection with snowmobile, modified golf

cart and ATV use on lands not owned by the Commonwealth for

the following:

(i) Plans, specifications and engineering surveys.

(ii) Fees and costs related to the preparation or

performance of right-of-way lease agreements.

(iii) Land acquisition.

(iv) Construction, maintenance and rehabilitation of

trails and other facilities for snowmobiles, modified

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golf carts and ATV's.

(2) To municipalities and profit and nonprofit

organizations for equipment, training and education

activities relating to snowmobile, modified golf cart and ATV

use.

(3) To profit and nonprofit organizations for the

maintenance, rehabilitation and construction of snowmobile

and ATV trails on land owned by the Commonwealth.

(b.1) Regulations.--No later than 60 days from the effective

date of this subsection, the department shall promulgate

regulations necessary to implement the provisions of subsection

(b). The department shall promulgate the regulations in a manner

that is separate from regulations pertaining to any other grant

program administered by the department. The department's

regulations shall include a semiannual approval grant process.

audited every two years. Copies of the audit shall be provided

to the Snowmobile, Modified Golf Cart and ATV Advisory

Committee, the Appropriations Committee of the Senate and the

Appropriations Committee of the House of Representatives. Copies

shall also be posted and maintained on the department's publicly

accessible Internet website.

(d) Annual report.--An annual report on income and

expenditures from the restricted accounts shall be posted and

maintained on the department's publicly accessible Internet

website and provided to the Appropriations Committee of the

Senate and the Appropriations Committee of the House of

Representatives.

(e) Definition.--For purposes of this section, "all-terrain

vehicle" or "ATV" shall also include any self-propelled vehicle

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which is manufactured for sale or operation primarily on off-

highway trails or off-highway competition and only incidentally

operated on public highways. This term shall not include a

snowmobile or other self-propelled vehicles manufactured for

off-highway use exclusively designed for travel on snow or ice,

steered by skis or runners and supported in whole or in part by

one or more skis, belts or cleats which utilize an endless belt

tread.

Section 4. Sections 7711(a) and (e), 7711.1, 7711.2, 7712.1,

7712.2, 7712.3, 7712.5(c), 7712.6(a) and (b), 7712.7(a) and (c),

7712.8(a), (b) and (c), 7712.9(a) and (b), 7712.10, 7712.12(a),

7712.13, 7715.1(a), 7715.2 and 7716 of Title 75 are amended to

read:

§ 7711. Registration of dealers.

(a) General rule.--A person who is in the business of

selling snowmobiles, modified golf carts or ATV's in this

Commonwealth shall register with the department as a dealer. A

person who is in the business of selling snowmobiles, modified

golf carts or ATV's outside this Commonwealth may register with

the department as a dealer.

* * *

(e) Use of dealer registration plates.--A dealer may operate

or permit to be operated within this Commonwealth a snowmobile,

modified golf cart or ATV owned by or in the possession of the

dealer if:

(1) A valid dealer registration certificate issued to

the dealer under this section is displayed conspicuously in

the dealer's place of business.

(2) The operator carries a valid dealer registration

card issued to the dealer under this section.

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(3) There is displayed on the snowmobile, modified golf

cart or ATV in a manner prescribed by the department a valid

dealer registration plate issued to the dealer under this

section.

(4) The snowmobile, modified golf cart or ATV is

operated only for the purpose of demonstration or testing in

connection with the dealer's business.

§ 7711.1. Registration of snowmobile, modified golf cart or

ATV.

(a) General rule.--Except as otherwise provided in

subsection (f), it is unlawful for a person to operate or for an

owner to permit another person to operate a snowmobile, a

modified golf cart or an ATV unless:

(1) There is carried on the snowmobile, modified golf

cart or ATV a valid registration certificate issued therefor

pursuant to subsection (b).

(2) There is displayed on the snowmobile or modified

golf cart a registration decal, or on the ATV a registration

plate, issued therefor pursuant to subsection (b).

(3) The display of the registration decal or plate is in

the manner prescribed by the department.

(4) There is displayed on the snowmobile, modified golf

cart or ATV a valid expiration sticker issued therefor

pursuant to subsection (b).

(5) The display of the expiration sticker is in the

manner prescribed by the department.

(b) Issuance.--Upon receipt of an application therefor upon

a form prescribed and furnished by the department which shall

contain information reasonably required by the department and

which shall be accompanied by the required fee, the department

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shall issue to the owner of a snowmobile, modified golf cart or

ATV:

(1) A biennial registration certificate containing the

registration number for the snowmobile, modified golf cart or

ATV and the expiration date of the registration.

(2) A registration decal displaying the registration

number for a snowmobile or a modified golf cart or a

registration plate displaying the registration number for an

ATV.

(3) A biennial expiration sticker displaying the

expiration date of the registration.

period not to exceed 45 days may be issued by a dealer as

prescribed by the department. Proof of temporary registration

shall be carried and displayed as prescribed by the department.

(d) Expiration of registration.--

(1) Except as provided in paragraph (2), a registration

certificate and an expiration sticker shall expire effective

the day after the expiration date appearing on the

registration certificate and expiration sticker.

(2) Upon transfer of ownership of a snowmobile, modified

golf cart or ATV during a registration period, the

registration certificate and expiration sticker shall expire.

The transferor shall, within 15 days from the date of

transfer, return to the department the registration

certificate with the date of transfer and the name and

address of the new owner endorsed on the back. If the

transferor applies for registration of a different

snowmobile, modified golf cart or ATV and pays the required

transfer fee, the transferor may be issued in the name of the

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transferor a registration certificate and expiration sticker

for that snowmobile, modified golf cart or ATV for the

remainder of the registration period without payment of a

registration fee. The registration decal or plate shall not

be removed from a snowmobile, modified golf cart or ATV upon

transfer to the new owner and is invalid until the new owner

is issued a registration certificate or limited registration

certificate for the snowmobile, modified golf cart or ATV.

(3) An expired general registration certificate and an

expired expiration sticker are invalid.

(e) Suspension or revocation.--If a person violates this

chapter or is convicted of any offense under this chapter, the

department may suspend or revoke a registration certificate and

an expiration sticker. A suspended or revoked registration

certificate or expiration sticker is invalid.

(f) Exemptions from registration.--Subsection (a) does not

apply if:

(1) The snowmobile, modified golf cart or ATV is owned

by or in the possession of a dealer who has been issued a

dealer registration certificate, dealer registration plates

and dealer plate registration cards under section 7711

(relating to registration of dealers), the dealer is in

compliance with section 7711 and the snowmobile, modified

golf cart or ATV is used in accordance with section 7711.

(2) The snowmobile, modified golf cart or ATV is owned

and used by the United States or another state or a political

subdivision thereof, in which case the snowmobile, modified

golf cart or ATV shall display the name of the owner in a

manner prescribed by the department.

(3) The snowmobile, modified golf cart or ATV is

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operated on land owned or leased by the owner or operator of

the snowmobile, modified golf cart or ATV and [it] is not

operated elsewhere within this Commonwealth.

(4) The owner of the snowmobile, modified golf cart or

ATV is not a resident of this Commonwealth and the operator

presents proof that the snowmobile, modified golf cart or ATV

has been properly registered in another jurisdiction that

exempts from its registration requirements persons who have

obtained proper registration under this chapter.

(5) The snowmobile is a vintage snowmobile.

(6) The modified golf cart is used for the

transportation of persons engaged in the game of golf on a

public or private golf course or across a public highway

during a game of golf and is not otherwise operated in a

manner requiring registration.

§ 7711.2. Limited registration of snowmobile, modified golf

cart or ATV.

(a) General rule.--It is unlawful for a person to operate or

for an owner to permit another person to operate a snowmobile,

modified golf cart or ATV identified in section 7711.1(f)(3)

(relating to registration of snowmobile, modified golf cart or

ATV) unless:

(1) A limited registration certificate has been issued

therefor pursuant to subsection (b).

(2) There is displayed on the snowmobile or modified

golf cart a valid registration decal or on the ATV a valid

registration plate issued pursuant to subsection (b).

(3) The display of the registration decal or plate is in

the manner prescribed by the department.

(b) Issuance.--Upon receipt of an application therefor upon

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a form prescribed and furnished by the department which shall

contain information reasonably required by the department, the

department shall issue to the owner of a snowmobile, modified

golf cart or ATV for which limited registration is required

under subsection (a):

(1) A limited registration certificate containing the

registration number for the snowmobile, modified golf cart or

ATV.

(2) A registration decal displaying the registration

number for a snowmobile or modified golf cart or a

registration plate displaying the registration number for an

ATV.

registration for a period not to exceed 45 days may be issued by

a dealer as prescribed by the department. Proof of temporary

limited registration shall be displayed as prescribed by the

department.

(d) Transfer of ownership.--Upon transfer of ownership of a

snowmobile, modified golf cart or ATV for which a limited

registration certificate has been issued, the limited

registration certificate shall become invalid. The transferor

shall, within 15 days from the date of transfer, return to the

department the limited registration certificate with the date of

transfer and the name and address of the new owner endorsed on

the back. The registration decal or plate shall not be removed

from the snowmobile, modified golf cart or ATV upon transfer to

the new owner and is invalid until the new owner obtains a

registration certificate or limited registration certificate for

the snowmobile, modified golf cart or ATV.

(e) Suspension or revocation.--If a person violates this

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chapter or is convicted of any offense under this chapter, the

department may suspend or revoke a limited registration

certificate. A suspended or revoked limited registration

certificate is invalid.

§ 7712.1. Certificate of title for snowmobile, modified golf

cart or ATV.

(a) General rule.--Except as otherwise provided in

subsection (b), an owner of a snowmobile, modified golf cart or

ATV which is in this Commonwealth and for which no certificate

of title has been issued shall apply to the department for a

certificate of title.

(b) Exemptions from titling.--No certificate of title is

required for:

(1) A snowmobile, modified golf cart or ATV that was

registered prior to the effective date of this section.

(2) A snowmobile, modified golf cart or ATV owned by the

United States unless a general registration certificate has

been issued therefor.

(3) A new snowmobile, modified golf cart or ATV owned by

a dealer before and until sale.

(4) A snowmobile, modified golf cart or ATV owned by a

nonresident of this Commonwealth and not required by law to

be registered in this Commonwealth.

(5) A snowmobile, modified golf cart or ATV owned by a

resident of this Commonwealth and required by law to be

registered in another state, based and used principally

outside of this Commonwealth and not required by law to be

registered in this Commonwealth.

(6) A modified golf cart solely used for:

(i) the transportation of persons engaged in the

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game of golf on a public or private golf course or across

a public highway during a game of golf; or

(ii) transportation on land owned or leased by the

owner or operator of the modified golf cart.

of title shall be made upon a form prescribed and furnished by

the department and shall contain a full description of the

snowmobile, modified golf cart or ATV, date of purchase, the

name and address of the owner, a statement of the title of

applicant, together with any other information or documents the

department requires to identify the snowmobile, modified golf

cart or ATV and to enable the department to determine whether

the owner is entitled to a certificate of title.

(d) Signing and filing of application.--Application for a

certificate of title shall be made within 15 days of the sale or

transfer of a snowmobile, modified golf cart or ATV or its entry

into this Commonwealth from another jurisdiction, whichever is

later. The application shall be accompanied by the required fee

and any tax payable by the applicant under the laws of this

Commonwealth in connection with the acquisition or use of a

snowmobile, modified golf cart or ATV or evidence to show that

the tax has been paid or collected. The application shall be

signed and verified by oath or affirmation by the applicant if a

natural person; in the case of an association or partnership, by

a member or a partner; and in the case of a corporation, by an

executive officer or person specifically authorized by the

corporation to sign the application.

(g) Registration without certificate of title prohibited.--

Except as provided in subsection (b), the department shall not

issue a registration certificate or limited registration

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certificate for a snowmobile, modified golf cart or ATV or a

vintage snowmobile permit for a vintage snowmobile unless a

certificate of title has been issued by the department to the

owner or an application for a certificate of title has been

delivered by the owner to the department.

(h) Refusing issuance of certificate of title.--The

department may refuse issuance of a certificate of title if it

has reasonable grounds to believe any one of the following:

(1) A required fee has not been paid.

(2) Any taxes payable under the laws of this

Commonwealth on or in connection with, or resulting from the

acquisition or use of, the snowmobile, modified golf cart or

ATV have not been paid.

(3) The applicant is not the owner of the snowmobile,

modified golf cart or ATV.

(4) The application contains a false or fraudulent

statement.

(5) The applicant has failed to furnish required

information or documents or any additional information the

department reasonably requires.

(j) Transfer of ownership of snowmobile, modified golf cart

or ATV.--

(1) Upon the sale or transfer of ownership of a

snowmobile, modified golf cart or ATV within this

Commonwealth, the owner shall execute an assignment and

warranty of title to the transferee in the space provided on

the certificate of title or as the department prescribes,

sworn to before a notary public or other officer empowered to

administer oaths, and deliver the certificate to the

transferee at the time of the delivery of the snowmobile,

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modified golf cart or ATV.

(2) Except as otherwise provided in section 7715.1

(relating to snowmobile, modified golf cart or ATV purchased

from dealer), the transferee shall, within 15 days of the

assignment of the certificate of title, apply for a new title

by forwarding to the department the certificate of title

executed as required by paragraph (1), a properly completed

application for certificate of title, sworn to before a

notary public or other officer empowered to administer oaths,

and such other forms as the department may require.

(k) Penalty.--A person who violates subsection (a) commits a

summary offense and shall, upon conviction, be sentenced:

(1) For a first offense, to pay a fine of $100 and costs

of prosecution.

(2) For a subsequent offense, to pay a fine of not less

than $300 nor more than $1,000 and costs of prosecution.

§ 7712.2. Transfer to or from dealer.

(a) Transfer to dealer.--If a dealer acquires a snowmobile,

modified golf cart or ATV for the purpose of resale, a

certificate of title need not be applied for as provided for in

section 7712.1 (relating to certificate of title for snowmobile,

modified golf cart or ATV), but the dealer shall, within seven

days from the date of acquisition, forward to the department,

upon a form prescribed and furnished by the department,

notification of the acquisition of the snowmobile, modified golf

cart or ATV.

(b) Execution and display of notice of transfer.--A dealer

making notification pursuant to subsection (a) shall execute at

least three copies of the notification, the original of which

shall be forwarded to the department, one copy to accompany the

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snowmobile, modified golf cart or ATV in any subsequent transfer

and one copy to be retained by the dealer for at least one year

after a subsequent transfer, to be exhibited, with the assigned

certificate of title, upon request of a police officer or

authorized department employee.

subsection (a), if a dealer transfers the dealer's interest in a

snowmobile, modified golf cart or ATV:

(1) The dealer shall execute an assignment and warranty

of title to the transferee in the space provided on the

certificate of title or as the department prescribes.

(2) The transferee shall complete the application for

certificate of title in the name of the transferee, sworn to

before a notary public or other officer empowered to

administer oaths.

(3) The dealer shall forward to the department the

certificate of title executed as required by paragraph (1), a

properly completed application for certificate of title and

such other forms as the department may require within 15 days

of the transfer.

(d) Exception for repossessed snowmobiles, modified golf

carts or ATV's.--This section does not apply to a snowmobile,

modified golf cart or ATV repossessed upon default of

performance of a lease, contract of conditional sale or similar

agreement.

(e) Penalty and suspension or revocation of dealer

registration.--A dealer who violates this section commits a

summary offense and shall, upon conviction, be sentenced to pay

a fine of $50. If a dealer violates this section, the department

may suspend or revoke the registration issued under section 7711

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(relating to registration of dealers).

§ 7712.3. Transfer of snowmobile, modified golf cart or ATV by

operation of law.

(a) General rule.--If the interest of an owner in a

snowmobile, modified golf cart or ATV passes to another other

than by voluntary transfer, the transferee shall, except as

otherwise provided, promptly mail or deliver to the department

the last certificate of title, if available, and shall apply for

a new certificate of title on a form prescribed and furnished by

the department. The application shall be accompanied by such

instruments or documents of authority, or certified copies

thereof, as may be sufficient or required by law to evidence or

effect a transfer of title or interest in or to chattels in such

case.

(b) Transfer to surviving spouse.--Transfer of a certificate

of title to a surviving spouse, or a person designated by the

spouse, may be made without the necessity of filing for letters

of administration, notwithstanding the fact that there are minor

children surviving the decedent, if the surviving spouse files

an affidavit that all debts of the decedent have been paid.

certificate of title, whose interest in a snowmobile, modified

golf cart or ATV has been extinguished or transferred other than

by voluntary transfer, shall immediately surrender the

certificate of title to the person to whom the right to

possession of the snowmobile, modified golf cart or ATV has

passed. Upon request of the department, such person shall mail

or deliver the certificate to the department. Delivery of the

certificate pursuant to the request of the department does not

affect the rights of the person surrendering the certificate.

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§ 7712.5. Issuance of new certificate following transfer.

* * *

department shall file and retain for five years a surrendered

certificate of title, or a copy, in such a manner as to permit

the tracing of title of the snowmobile, modified golf cart or

ATV.

§ 7712.6. Suspension and cancellation of certificate of title.

(a) Return of new snowmobile, modified golf cart or ATV.--

The department may cancel the certificate of title issued for a

new snowmobile, modified golf cart or ATV if it is shown by

satisfactory evidence that the snowmobile, modified golf cart or

ATV has been returned to the dealer from whom obtained.

(b) Snowmobile, modified golf cart or ATV sold to

nonresidents.--The department may cancel a certificate of title

for a snowmobile, modified golf cart or ATV sold to a resident

of another state or foreign country if the snowmobile, modified

golf cart or ATV is to be registered in the other jurisdiction.

* * *

§ 7712.7. Application for certificate of title by agent.

(a) Authorization to apply.--No person may apply for a

certificate of title on behalf of another person unless

authorization to do so is in effect and is verified by oath or

affirmation of the other person, made, except as between lessors

and fleet owners as lessees, not more than 15 days before the

application is received by the department. A lessor may

authorize a fleet owner to apply for a certificate of title for

a leased snowmobile, modified golf cart or ATV for a period of

up to one year.

* * *

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receive, obtain or hold a certificate of title recorded in the

name of another person for the other person who is not in the

regular employ of, or not a member of the family of, the other

person, unless the person receiving, obtaining or holding the

certificate of title has a valid undischarged security interest

recorded in the department against the snowmobile, modified golf

cart or ATV represented by the certificate of title.

* * *

§ 7712.8. Perfection of security interest in a snowmobile,

modified golf cart or ATV.

(a) Applicability of section.--Except as otherwise provided

in 13 Pa.C.S. §§ 9311(d) (relating to perfection of security

interests in property subject to certain statutes, regulations

and treaties), 9315(c) and (d) (relating to secured party's

rights on disposition of collateral and in proceeds) and 9316(d)

and (e) (relating to effect of change in governing law), this

section provides the exclusive method of perfecting a security

interest in a snowmobile, modified golf cart or ATV for which a

certificate of title is required under this subchapter.

(b) Snowmobiles, modified golf carts or ATV's without

Pennsylvania certificate of title.--If an owner creates a

security interest in a snowmobile, modified golf cart or ATV for

which a certificate of title has not been issued by the

department, the owner shall, at the request of the secured

party, promptly execute an application for a certificate of

title on a form prescribed by the department showing the name

and address of the secured party. The owner shall tender the

application, the existing certificate of title, if any, and the

required fee to the department. A security interest in a

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snowmobile, modified golf cart or ATV is perfected at the time

that such application, existing certificate of title, if any,

and required fee are received by the department.

Pennsylvania certificate of title.--If an owner creates a

security interest in a snowmobile, modified golf cart or ATV for

which a certificate of title has been issued by the department,

the owner shall, at the request of the secured party, promptly

execute an application on a form prescribed by the department

showing the name and address of the secured party. The owner

shall tender the certificate of title, together with the

application and the required fee, to the department. A security

interest in a snowmobile, modified golf cart or ATV is perfected

at the time such application, certificate of title and required

fee are received by the department.

* * *

§ 7712.9. Satisfaction of security interest.

(a) Satisfaction of secured obligation.--Unless otherwise

agreed by the owner, within 15 days of the satisfaction of the

obligation secured by a security interest in a snowmobile,

modified golf cart or ATV, the secured party shall mail or

deliver the certificate of title to the owner or to the

department with a statement of satisfaction signed by the

secured party. Upon receipt of the certificate of title and

statement of satisfaction, the department shall issue a

corrected certificate of title without an indorsement of such

secured party's security interest and mail the same to the

holder of the first remaining security interest or, if there is

no remaining security interest, the owner.

(b) Satisfaction of subordinate secured obligation.--If the

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certificate of title for a snowmobile, modified golf cart or ATV

is in the possession of a prior secured party, the subordinate

secured party whose obligation is satisfied shall mail or

deliver to the owner a signed statement of satisfaction in

accordance with subsection (a). Upon request of the owner and

receipt of the statement of satisfaction, the secured party in

possession of the certificate of title shall mail or deliver the

certificate of title, together with the statement of

satisfaction, to the department. Upon receipt of the certificate

of title and evidence of satisfaction, the department shall

issue a corrected certificate of title without an indorsement of

the satisfied security interest and mail the same to the prior

secured party.

* * *

§ 7712.10. Release of security interest.

A secured party that releases a security interest in a

snowmobile, modified golf cart or ATV shall mail or deliver the

certificate of title to the owner with a statement of release

signed by the secured party, or the secured party may apply to

the department for a corrected certificate of title to be issued

in the name of the owner. Upon receipt of the certificate of

title and statement of release, the department shall issue a

corrected certificate of title without an indorsement of such

secured party and mail the same to the holder of the first

remaining security interest or, if there is no remaining secured

party, the owner.

§ 7712.12. Assignment by secured party of security interest.

(a) General rule.--A secured party may assign, absolutely or

otherwise, his security interest in a snowmobile, modified golf

cart or ATV to a person other than the owner without affecting

20170HB1347PN1673 - 21 -

the interest of the owner or the validity or perfection of the

security interest.

* * *

§ 7712.13. Exemptions.

The provisions of this subchapter relating to procedures for

perfecting, assigning and satisfying security interests do not

apply to:

(1) a lien given by statute or rule of law to a supplier

of services or materials for the snowmobile, modified golf

cart or ATV;

(2) a lien given by statute to the United States, the

Commonwealth or any political subdivision of the

Commonwealth;

(3) a security interest in a snowmobile, modified golf

cart or ATV described in 13 Pa.C.S. § 9311(d) (relating to

perfection of security interests in property subject to

certain statutes, regulations and treaties); or

(4) a snowmobile, modified golf cart or ATV for which a

certificate of title is not required under this subchapter.

§ 7715.1. Snowmobile, modified golf cart or ATV purchased from

dealer.

(a) General rule.--If a snowmobile, modified golf cart or

ATV is purchased from a dealer, the dealer shall mail or deliver

to the department an application for a registration certificate

or limited registration certificate, an application for

certificate of title, any other required forms and the required

fees within 15 days of the date of purchase.

* * *

§ 7715.2. Fees.

(a) Fees.--Except as provided in subsection (b), the

20170HB1347PN1673 - 22 -

department shall collect the following fees:

(1) Certificate of title, $22.50.

(2) Expiration sticker, $20.

(2.1) Vintage snowmobile permit, $20.

(3) Dealer registration, $25.

(4) Replacement, due to loss or damage, of registration

certificate, limited registration certificate, registration

decal, registration plate, expiration sticker or vintage

snowmobile permit, $5.

(5) Transfer of registration pursuant to section 7711.1

(relating to registration of snowmobile, modified golf cart

or ATV), $5.

(6) Recording the name of a secured party on a

certificate of title, $5.

(b) Exemptions from fees.--Subsection (a) does not apply to

a snowmobile, modified golf cart or ATV owned by:

(1) The Commonwealth.

(2) A political subdivision of this Commonwealth.

(3) A volunteer organization and used exclusively for

emergency purposes.

§ 7716. Records.

The department shall maintain a record, which shall be made

available to all enforcement agencies, of:

(1) The registration number for each snowmobile,

modified golf cart and ATV for which a registration

certificate or limited registration certificate is issued.

(2) The name and address of the owner of each

snowmobile, modified golf cart and ATV for which a

registration certificate or limited registration certificate

is issued.

20170HB1347PN1673 - 23 -

(3) The permit number for each vintage snowmobile for

which a vintage snowmobile permit is issued.

(4) The name and address of the owner of each vintage

snowmobile for which a vintage snowmobile permit is issued.

Section 5. Section 7717(a) and (f) of Title 75, amended July

20, 2016 (P.L.837, No.97), are amended to read:

§ 7717. Snowmobile, Modified Golf Cart and ATV Advisory

Committee.

(a) Establishment.--There is hereby established under the

jurisdiction of the department a board known as the Snowmobile,

Modified Golf Cart and ATV Advisory Committee.

* * *

(f) Powers and duties.--The powers and duties of the

committee shall be to advise the Secretary of Conservation and

Natural Resources on matters concerning the implementation of

this chapter, including existing and proposed regulations,

standards, policies, guidelines and practices; use and operation

of snowmobiles, modified golf carts and ATV's on public and

private land; acquisition, construction, development and

maintenance of trails; enforcement; and allocation of fees

collected by the department pursuant to this chapter.

Section 6. Sections 7721, 7722 and 7724 of Title 75 are

amended to read:

§ 7721. Operation on streets and highways.

(a) General rule.--Except as otherwise provided in this

chapter, it is unlawful to operate a snowmobile, a modified golf

cart or an ATV on any street or highway which is not designated

and posted as a snowmobile, a modified golf cart or an ATV road

by the governmental agency having jurisdiction.

(b) Emergency and bridge crossings.--A snowmobile, a

20170HB1347PN1673 - 24 -

modified golf cart or an ATV may be operated on highways and

streets:

(1) During periods of emergency when so declared by a

policy agency having jurisdiction.

(2) When necessary to cross a bridge or culvert.

golf cart or an ATV may make a direct crossing of a street or

highway upon compliance with the following requirements:

(1) The crossing is made at an angle of approximately 90

degrees to the direction of the highway and at a place where

no obstruction prevents a quick and safe crossing.

(2) The snowmobile, modified golf cart or ATV is brought

to a complete stop before crossing the shoulder or main-

traveled way of the highway.

(3) The driver yields the right-of-way to all oncoming

traffic which constitutes an immediate hazard.

(4) In crossing a divided highway, the crossing is made

only at an intersection of such highway with another public

street or highway.

§ 7722. Designation of snowmobile, modified golf cart and ATV

roads.

(a) General rule.--The Department of Transportation on

State-designated highways and local authorities on any highway,

road or street within its jurisdiction may designate any

highway, road or street within its jurisdiction as a snowmobile

road, a modified golf cart road, an ATV road, or [both] a

combination, and may, in its discretion, determine whether such

road shall be closed to vehicular traffic or whether

snowmobiles, modified golf carts and ATV's may share this

designated road with vehicular traffic.

20170HB1347PN1673 - 25 -

(b) Posting notices.--Adequate notices of such designation

and determination shall be sufficiently and prominently

displayed.

Department of Transportation or any other State agency or any

political subdivision of this Commonwealth as a result of

designating any highway, road or street as a snowmobile road, a

modified golf cart road or an ATV road as provided in subsection

(a).

§ 7724. Operation on private or State property.

(a) Private real property.--

(1) No person shall operate a snowmobile, a modified

golf cart or an ATV on private real property without the

consent of the owner thereof. Any person operating a

snowmobile, a modified golf cart or an ATV upon lands of

another shall stop and identify himself upon the request of

the landowner or his duly authorized representatives and, if

requested to do so by the landowner, shall promptly remove

the snowmobile, modified golf cart or ATV from the premises.

(2) When a person operates a snowmobile, a modified golf

cart or an ATV in a manner as to violate section 3717

(relating to trespass by motor vehicle), the applicable

fines, penalties and suspensions provided in this title for

violation of section 3717 shall apply to this subsection.

(b) State property.--

(1) No person shall operate a snowmobile, a modified

golf cart or an ATV on State-owned property except on clearly

marked and previously designated snowmobile, modified golf

cart or ATV routes or as expressly permitted by the

Commonwealth.

20170HB1347PN1673 - 26 -

(2) (i) The department may designate any road within a

State Park or State Forest over which the department has

jurisdiction as a snowmobile road, a modified golf cart

road or an ATV road, or [both] a combination, and may, in

its discretion, determine whether the road shall be

closed to vehicular traffic or whether snowmobiles,

modified golf carts and ATV's may share the designated

road with vehicular traffic. Adequate notices of such

designation and determination shall be sufficiently and

prominently displayed.

(ii) No person shall operate a snowmobile, modified

golf cart or ATV on State park or State forest land

except as follows:

(A) A person may operate a snowmobile on a road,

trail or area that is designated and marked by the

department as open for snowmobile use or on which the

person has been given specific written permission to

operate the snowmobile.

(B) A person may operate a Class I ATV on a

road, trail or area that is designated and marked by

the department as open for ATV use or on which the

person has been given specific written permission to

operate the ATV.

road, trail or area if the person has been given

specific written permission by the department to

operate a Class II ATV on the road, trail or area.

(D) A person may operate a modified golf cart on

a road, trail or area that is designated and marked

by the department as open for modified golf cart use

20170HB1347PN1673 - 27 -

or on which the person has been given specific

written permission to operate the modified golf cart.

Section 7. Section 7725 of Title 75, amended November 3,

2016 (P.L.1058, No.136), is amended to read:

§ 7725. Operation by persons under age sixteen.

(a) Crossing street or highway.--No person under 16 years of

age shall drive a snowmobile, a modified golf cart or an ATV

across any highway or connecting street thereto unless he is

under the direct supervision of a person 18 years of age or

older and unless he holds a valid and appropriate safety

certificate from the Commonwealth or a valid and approved

certificate issued under the authority of another state or

Province of Canada. The department shall determine what

certificates will be approved.

(b) Operation of an ATV or a modified golf cart by persons

under eight years of age.--No person under eight years of age

shall operate an ATV or a modified golf cart upon State-owned

land.

(b.1) ATV size restrictions.--No person shall operate an ATV

bearing a certification label conforming to ANSI/SVIA 1 - 2010

in violation of the age recommendation warning label affixed by

the manufacturer. An ATV not bearing a certification label

conforming to ANSI/SVIA 1 - 2010 operated in this Commonwealth

by a person eight or nine years of age shall have an engine size

of 70cc or less.

(b.2) Operation of a snowmobile by persons under ten years

of age.--No person under ten years of age shall operate a

snowmobile upon State-owned land.

certification.--No person 8 to 15 years of age shall operate an

20170HB1347PN1673 - 28 -

ATV or a modified golf cart subject to registration under this

chapter, and no person between 10 and 15 years of age shall

operate a snowmobile in this Commonwealth unless the person

satisfies one of the following conditions:

(1) Is under the direct supervision of a certified

snowmobile, modified golf cart or ATV safety instructor

during a safety training course.

(2) Is on land owned or leased by a parent or legal

guardian.

(3) Has received safety training as prescribed by the

department and has received the appropriate safety

certificate issued by the department.

(4) Holds an appropriate safety certificate issued under

the authority of another state or Province of Canada and

recognized by the department.

(d) Failure to exhibit certificate.--Within five days of

receiving notice of a violation of this section, a youthful

operator shall present the appropriate safety certificate that

was valid at the time of demand at the office of the issuing

authority. Upon presentation of the safety certificate, the

issuing authority shall dismiss the charge.

(e) Permitting unauthorized operation.--No owner of a

snowmobile, a modified golf cart or an ATV shall authorize or

permit the operation thereof within this Commonwealth by any

person under 16 years of age unless the person under 16 years of

age is the holder of a valid and appropriate safety certificate,

or except as authorized in subsections (b), (b.2) and (c).

(f) Certification of snowmobile safety instructors.--The

department may certify snowmobile, modified golf cart or ATV

safety instructors to act as its agents in conducting classes

20170HB1347PN1673 - 29 -

and examinations and issuing snowmobile, modified golf cart or

ATV safety certificates in its name.

(g) Operation on snowmobile, modified golf cart and ATV

roads.--No person under 16 years of age may operate a

snowmobile, a modified golf cart or an ATV on streets or

highways designated under section 7722 (relating to designation

of snowmobile, modified golf cart and ATV roads) as open to

snowmobile, modified golf cart or ATV and vehicular traffic. A

person under 16 years of age who holds the appropriate safety

certificate may operate a snowmobile, a modified golf cart or an

ATV on roads designated under section 7724(b) (relating to

operation on private or State property) as open to snowmobile,

modified golf cart or ATV and vehicular traffic, provided he is

under the direct supervision of a person 18 years of age or

older.

(h) Snowmobile, modified golf cart and ATV safety program.--

The department shall implement a comprehensive snowmobile,

modified golf cart and ATV information, safety education and

training program which shall include the preparation and

dissemination of information and safety advice to the public and

training of operators. The program shall provide for the

training of youthful operators and others who wish to receive

training. It shall also provide for the issuance of snowmobile,

modified golf cart or ATV safety certificates to those who

successfully complete the training provided under the program.

(i) Cooperation with other organizations.--In implementing a

program which is established under this section, the department

shall cooperate with private organizations and associations,

private and public corporations, the Department of Education and

local governmental units. The department shall consult with

20170HB1347PN1673 - 30 -

snowmobile, modified golf cart, ATV and environmental

organizations and associations in regard to subject matter of a

training program that leads to certification of snowmobile,

modified golf cart and ATV operators.

Section 8. Sections 7726, 7727, 7728, 7729, 7730, 7741 and

7742 of Title 75 are amended to read:

§ 7726. Operation in safe manner.

(a) General rule.--No person shall operate a snowmobile, a

modified golf cart or an ATV in any of the following ways:

(1) At a rate of speed that is unreasonable or improper

under existing conditions or in excess of the maximum limits

posted for vehicular traffic.

(2) In any careless way so as to endanger the person or

property of another.

(3) While under the influence of alcohol or any

controlled substance.

(b) Permitting unsafe operation.--No owner or other person

having charge or control of a snowmobile, a modified golf cart

or an ATV shall knowingly authorize or permit the operation of

the snowmobile, modified golf cart or ATV by any person who is

incapable to do so by reason of age, physical or mental

disability, or who is under the influence of alcohol or any

controlled substance.

modified golf carts or ATV's and vehicular traffic.--No person

shall operate a snowmobile, modified golf cart or ATV in any of

the following ways on highways and streets open to snowmobiles,

modified golf carts or ATV's and vehicular traffic:

(1) Upon the left side of highways or streets, except

one-way streets, or as specified in paragraph (2).

20170HB1347PN1673 - 31 -

(2) Ride two snowmobiles, modified golf carts or ATV's

abreast. Snowmobiles, modified golf carts and ATV's shall be

operated in single file except when overtaking another

vehicle. The driver of any vehicle overtaking another vehicle

proceeding in the same direction shall pass at a safe

distance to the left thereof, until safely clear of such

overtaken vehicle. Nothing in this section shall be construed

to prohibit a driver overtaking the passing upon the right of

another vehicle which is making or about to make a left turn.

The driver of a vehicle shall not drive to the left side of

the center of a highway in overtaking or passing another

vehicle proceeding in the same direction, unless the left

side is clearly visible and is free of oncoming traffic for a

sufficient distance ahead to permit the overtaking or passing

to be made in safety.

(3) Turn to the right or left at an intersection or stop

or decrease speed at an intersection without signaling as

stated in this paragraph. The driver shall extend his hand

and arm from the left side of the vehicle in the following

manner to indicate as stated:

(i) Left turn or other vehicle movement toward left,

hand and arm extended horizontally.

(ii) Right turn or other vehicle movement toward

right, left hand and arm extended outward and pointed

upward from the elbow.

(iii) Stop or decrease speed, either the left or

right hand and arm extended upward.

(4) Disobey any traffic signal or signs placed in

accordance with this title unless otherwise directed by a

peace officer.

20170HB1347PN1673 - 32 -

(5) Without a securely fastened helmet on the head of an

individual who operates or is a passenger on a snowmobile or

ATV or who is being towed or otherwise propelled by a

snowmobile. The department shall specify the types of helmets

allowed through rules and regulations.

§ 7727. Additional limitations on operation.

Except as otherwise permitted under Title 34 (relating to

game), no person shall:

(1) Operate or ride in any snowmobile, modified golf

cart or ATV with any bow and arrows or with any firearm in

his possession unless it is unstrung or unloaded.

(2) Drive or pursue any game or wildlife with a

snowmobile, a modified golf cart or an ATV.

§ 7728. Accidents and accident reports.

(a) Duty to stop and provide information.--Whenever any

snowmobile, modified golf cart or ATV is involved in an accident

resulting in loss of life, personal injury or damage to property

and the operator thereof has knowledge of such accident, he

shall stop and give his name and address, the name and address

of the owner thereof and the registration number of the

snowmobile, modified golf cart or ATV to the injured person or

the person sustaining the damage or to a police officer. In case

no police officer nor the person sustaining the damage is

present at the place where the damage occurred, then the

operator shall immediately report, as soon as he is physically

able, the accident to the nearest law enforcement agency.

(b) Report of accident to department.--The operator of any

snowmobile, modified golf cart or ATV involved in any accident

resulting in injuries to or death of any person or resulting in

property damage to the estimated amount of $100 or more shall,

20170HB1347PN1673 - 33 -

within seven days after such accident, report the matter in

writing to the department. If the operator is physically

incapable of making the report and there is another participant

in the accident not so incapacitated, the participant shall make

the report within the prescribed period of time after the

accident. In the event that there is no other participant and

the operator is other than the owner, then the owner shall

within the prescribed period of time, after learning of the

facts of such accident, report the matter to the department,

together with such information as may have come to his knowledge

relating to such accident. Every operator or owner of a

snowmobile, a modified golf cart or an ATV in an accident, or

surviving participant of any such accident, shall make such

other and additional reports as the department shall require.

officer who investigates or receives information of an accident

involving a snowmobile, a modified golf cart or an ATV shall

make a written report of the investigation or information

received, and such additional facts relating to the accident as

may come to his knowledge, and mail the same within 48 hours to

the department and keep a record thereof in his office.

(d) Exception.--This section does not apply when property

damage is sustained in sanctioned snowmobile, modified golf cart

or ATV races, derbies and rallies.

§ 7729. Liability of owner for negligence.

(a) General rule.--Negligence in the use or operation of a

snowmobile, a modified golf cart or an ATV is attributable to

the owner. Every owner of a snowmobile, a modified golf cart or

an ATV used or operated in this Commonwealth shall be liable and

responsible for death or injury to person or damage to property

20170HB1347PN1673 - 34 -

resulting from negligence in the use or operation of such

snowmobile, modified golf cart or ATV by any person using or

operating the snowmobile, modified golf cart or ATV with the

permission, express or implied, of such owner.

(b) Exception.--The negligence of the operator shall not be

attributed to the owner as to any claim or cause of action

accruing to the operator or his legal representative for such

injuries or death.

§ 7730. Liability insurance.

(a) Requirement.--A snowmobile, modified golf cart or ATV

for which registration is required under this chapter shall have

liability insurance coverage for the snowmobile, modified golf

cart or ATV issued by an insurance carrier authorized to do

business in this Commonwealth. This subsection does not apply to

limited registrations.

(b) Proof of insurance.--Proof of insurance as required by

this section shall be produced and displayed by the owner or

operator of such snowmobile, modified golf cart or ATV upon the

request of any magistrate or any person having authority to

enforce the provisions of this chapter or to any person who has

suffered or claims to have suffered either personal injury or

property damage as a result of the operation of such snowmobile,

modified golf cart or ATV. It shall be an affirmative defense to

any prosecution for a violation of this section that such proof

was so produced within 72 hours of receiving notice of such

violation, injury or damage or the claim of such injury or

damage.

modified golf cart or ATV shall operate or permit the same to be

operated without having in full force and effect liability

20170HB1347PN1673 - 35 -

insurance coverage required by this section. The operator of a

snowmobile, modified golf cart or ATV shall carry proof of

insurance on his person or on the snowmobile, modified golf cart

or ATV when it is in operation.

(d) Penalty.--A person who violates subsection (a) or (c)

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $300 and costs of prosecution and, in

default of payment of the fine or costs, shall be imprisoned for

not more than ten days.

§ 7741. Head lamps and tail lamps.

(a) Time of operation.--Every snowmobile, modified golf cart

for which registration is required under this chapter or ATV

operated during hours of darkness shall display a lighted head

lamp and tail lamp. The lights shall be in operation during the

period of from one-half hour after sunset to one-half hour

before sunrise and at any time when, due to insufficient light

or unfavorable atmospheric conditions caused by fog or

otherwise, other persons, vehicles and other objects are not

clearly discernible for a distance of 500 feet ahead.

(b) Head lamp requirements.--The head lamp shall display

white light of sufficient illuminating power to reveal any

person, vehicle or substantial object at a distance of 100 feet

ahead.

(1) If the snowmobile, modified golf cart or ATV is

equipped with a multiple beam head lamp, the upper beam shall

meet the minimum requirements set forth in this section and

the lowermost beam shall be so aimed and of sufficient

intensity to reveal persons and vehicles at a distance of at

least 50 feet ahead.

(2) If the snowmobile, modified golf cart or ATV is

20170HB1347PN1673 - 36 -

equipped with a single beam head lamp, the lamp shall be so

aimed that when the vehicle is loaded none of the high

intensity portion of the light, at a distance of 75 feet

ahead, projects higher than the level of the center of the

lamp from which it comes.

red light plainly visible during darkness from a distance of 500

feet.

§ 7742. Brakes.

(a) Snowmobiles.--It is unlawful to operate a snowmobile

which is not equipped with at least one brake of a design

approved by the department operated either by hand or by foot,

capable of bringing the snowmobile to a stop, under normal

conditions, within 40 feet when traveling at a speed of 20 miles

per hour with a 150 pound driver and on hard packed snow, or

locking its traction belt or belts. The design shall permit

simple and easy adjustment to compensate for wear.

(b) M odified g olf carts and ATV's.--It is unlawful to

operate a modified golf cart for which registration is required

under this chapter or an ATV which is not equipped with a

braking system which may be operated by hand or foot, capable of

producing deceleration of 14 feet per second on level ground at

a speed of 20 miles per hour, and the design must permit simple

and easy adjustment to compensate for wear.

Section 9. Section 7743 of Title 75, amended November 3,

2016 (P.L.1058, No.136), is amended to read:

§ 7743. Mufflers and sound control.

(a) General rule.--It is unlawful to operate a snowmobile, a

modified golf cart or an ATV which is not equipped at all times

with a muffler in good working order which blends the exhaust

20170HB1347PN1673 - 37 -

sound into the overall snowmobile, modified golf cart or ATV

sound and is in constant operation to prevent excessive or

unusual noise. The exhaust system shall not emit or produce a

sharp popping or crackling sound. The sound intensity produced

by a snowmobile shall not exceed 82dbA when measured in

accordance with SAE Recommended Practice J 192 Exterior Sound

Level for Snowmobiles, as amended. The department may by

regulation adopt more stringent noise requirements for

snowmobiles. The department shall by regulation adopt noise

requirements for in-use operation of ATV's using measurement

procedures in accordance with ANSI/SAE Recommended Practice J

1287 July 1998, Measurement of Exhaust Level of Stationary

Motorcycles. The sound level intensity produced by an ATV

manufactured before January 1, 1998, shall not exceed 99dbA, or

decibels, when measured at 20 inches. The sound level intensity

produced by an ATV manufactured on or after January 1, 1998,

shall not exceed 96dbA, or decibels, when measured at 20 inches.

(b) Modified mufflers prohibited.--It is unlawful to modify

a muffler or to operate a snowmobile, modified golf cart or an

ATV with a modified muffler so as to increase the sound level of

the snowmobile, modified golf cart or ATV above the level

allowed by this section.

races or similar competitive events.

Section 10. Sections 7751(b) and (d) and 7752(d) of Title 75

are amended to read:

§ 7751. Enforcement personnel and procedures.

* * *

(b) Forms and procedures.--The department may prescribe the

form of summons or complaint, or both, in all cases involving a

20170HB1347PN1673 - 38 -

violation of any provision of this chapter or of any ordinance,

rule or regulation relating to snowmobiles, modified golf carts

or ATV's, or of any class or category of such cases, and may

establish procedures for proper administrative controls over the

disposition thereof.

* * *

(d) Rules and regulations.--The department may promulgate

such rules and regulations as may be deemed necessary to

accomplish the purposes and enforce the provisions of this

section including requirements for reporting by trial courts

having jurisdiction over snowmobile, modified golf cart and ATV

violations.

§ 7752. Penalties for violation of chapter.

* * *

(d) Registration.--

(1) A person who violates section 7711.1 (relating to

registration of snowmobile, modified golf cart or ATV) or

7711.2 (relating to limited registration of snowmobile,

modified golf cart or ATV) by failing to obtain the required

registration certificate or limited registration certificate

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $300 or to be imprisoned for 90

days, or both, and costs of prosecution. Proceedings for a

summary offense under this paragraph must be commenced within

60 days after commission of the alleged offense or within 60

days after discovery of the commission of the offense or the

identity of the offender, whichever is later.

(2) A person who violates section 7711.1 or 7711.2 by

failing to properly display the required registration decal

or plate commits a summary offense and shall, upon

20170HB1347PN1673 - 39 -

conviction, be sentenced to pay a fine of $50 and costs of

prosecution.

(3) A person who violates section 7711.1 by failing to

properly display the required expiration sticker or by

failing to carry the required registration certificate

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $50 and costs of prosecution.

Section 11. This act shall take effect in 60 days.

20170HB1347PN1673 - 40 -