Regular Session 2017-2018 Senate Bill 0888 P.N. 1998

HOUSE AMENDED

PRIOR PRINTER'S NOS. 1154, 1242

PRINTER'S NO. 1998

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

888

Session of

2017

INTRODUCED BY RAFFERTY, MARTIN, BARTOLOTTA, YUDICHAK, SCAVELLO,

MENSCH, SABATINA, BREWSTER, BLAKE, BAKER, VULAKOVICH,

TARTAGLIONE AND STEFANO, SEPTEMBER 15, 2017

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, SEPTEMBER 24, 2018

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in rules of the road in general, further providing

for additional parking regulations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3354(d) heading and (3), (e), (f) and (g)

(1) of Title 75 of the Pennsylvania Consolidated Statutes are

amended, subsection (d) is amended by adding a paragraph and the

section is amended by adding a subsection to read:

§ 3354. Additional parking regulations.

* * *

(d) Person with a disability [and disabled veterans].--

* * *

(3) [(i) Except for persons parking vehicles lawfully

bearing a person with a disability or severely disabled

veteran registration plate or displaying a person with a

disability or severely disabled veteran parking placard

<--

when such vehicles are being operated by or for the

transportation of a person with a disability or a

severely disabled veteran, no person shall park a vehicle

on public or private property reserved for a person with

a disability or severely disabled veteran which property

has been so posted in accordance with departmental

regulations. Regulations shall require that parking

spaces designated with an international symbol for access

for persons with disabilities on a sign are posted with a

sign stating the penalty amount indicated in subsection

(f) and that vehicles in violation of the subsection may

be towed and require that signs be replaced when they

become either obsolete or missing with all costs to

replace the necessary signs to be borne by the persons

responsible for signing the particular location. The

absence of a sign stating the penalty amount at parking

spaces designated with an international symbol for access

for persons with disabilities shall not preclude the

enforcement of this subsection. A vehicle which is

unlawfully parked in a designated person with a

disability parking area may be removed from that area by

towing and may be reclaimed by the vehicle owner upon

payment of the towing costs. A vehicle may only be towed

under this paragraph if the parking space is posted with

a sign indicating that vehicles in violation of this

section may be towed.

(ii) Local authorities shall have the power and may,

by ordinance or resolution, authorize a person with a

disability and severely disabled veterans to issue

statements to violators or violating vehicles for

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violation of subparagraph (i). The form of the statement

shall be as prescribed by the local authorities.

(iii) No occupancy or driveway permit may be issued

to a person whose property is reserved for a person with

a disability or a severely disabled veteran if the

property is not posted with a sign stating the penalty

amount indicated in subsection (f).] The following shall

apply:

(i) Except for a person with a disability, a person

may not park a vehicle on public or private property

reserved for a person with a disability.

(ii) A person may not obstruct any of the following:

(A) A vehicle on public or private property

reserved for a person with a disability.

(B) A part of a curb ramp or the access aisle

adjacent to a parking space reserved for a person

with a disability.

(iii) The owner or lessee of a parking space, curb

ramp and access aisle on public or private property

reserved for a person with a disability shall maintain

the parking space, curb ramp and access aisle and provide

necessary improvements. The cost of maintenance and

necessary improvements shall be paid by the owner or

lessee.

(4) The following shall apply:

(i) The department shall not be deemed to be an

owner of a parking space and may not maintain stopping,

standing or parking signs, access aisles or parking space

markings. The department may permit a person or local

authority to design, install and maintain stopping,

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standing or parking signs, access aisles or parking space

markings. The department may promulgate regulations

pertaining to the signing, marking and proper use of a

parking space, curb ramp and access aisle on public or

private property reserved for a person with a disability.

(ii) A permit, including an occupancy or driveway

permit, may not be issued that obstructs a parking space

reserved for a person with a disability, unless

reasonable accommodations are made for a person with a

disability.

(iii) A person may notify a police officer or a

parking enforcement specialist for a violation under this

subsection.

(iv) A vehicle that is parked without a required

plate or placard in a space reserved for a person with a

disability may be towed from the area at the direction of

a police officer, a parking enforcement specialist or the

owner or lessee of the space. The vehicle may be

reclaimed by the vehicle owner upon payment of any

penalty and towing costs.

(e) Unauthorized use.--[An operator of a vehicle bearing a

person with a disability or severely disabled veteran plate or

displaying a person with a disability or severely disabled

veteran parking placard shall not make use of the parking

privileges accorded to a person with a disability and severely

disabled veterans under subsection (d)(3) unless the operator is

a person with a disability or a severely disabled veteran or

unless the vehicle is being operated for the transportation of a

person with a disability or severely disabled veteran.]

(1) An operator of a vehicle may not make use of the

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parking privileges under subsection (d)(3) unless:

(i) the operator is a person with a disability; or

(ii) the vehicle is being operated for the

transportation of a person with a disability.

(2) A person may not fraudulently create or use a plate

or placard.

(3) A police officer or a parking enforcement specialist

may confirm , with the assistance of the department, the

issuance of a plate or placard to an operator of a vehicle

bearing a plate or placard if the police officer or parking

enforcement specialist suspects the plate or placard was

fraudulently created or used in a violation of this

subsection. A police officer or parking enforcement

specialist who determines a plate or placard was fraudulently

created or used may seize the plate or placard. Each seized

department-issued plate and placard shall be immediately

returned to the department.

(4) A police officer or parking enforcement specialist

may issue a citation for a violation of subsection (a), (b)

or (d).

* * *

(f) Penalty.--A person violating subsection (a), (b) or (d)

(1) is guilty of a summary offense and shall, upon conviction,

be sentenced to pay a fine of not more than $15. A person

violating subsection (d)(2) or (3) or (e) is guilty of a summary

offense and shall, upon conviction, be sentenced to pay a fine

of not less than $50 nor more than [$200] $500. If a person is

convicted under subsection (d)(2) or (3) in the absence of a

sign stating the penalty amount, the fine imposed may not exceed

$50.

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(g) Special penalty; disposition.--

(1) In addition to any other penalty imposed under this

section, a person who is convicted of violating subsection

(d)(2) or (3) or (e)(2) shall be sentenced to pay a fine of

[$50] $100.

* * *

(h) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Access aisle." A physical area:

(1) designated by hash-marks, cross-hatching or other

similar visual no parking indicators;

(2) which provides additional space for a person using a

wheelchair, wheelchair lift or other mobility device; and

(3) which is located adjacent to a parking space

reserved for a person with a disability.

"Parking enforcement specialist." A person employed or

contracted by a Commonwealth agency, commission or authority or

a political subdivision of the Commonwealth to enforce parking

laws.

"Person with a disability." A person issued a plate or

placard.

"Plate or placard." A plate or placard issued under:

(1) Section 1338 (relating to person with disability

plate and placard).

(2) Section 1342(a) or (b) (relating to veteran plates

and placard).

SECTION 1. SECTION 3354(F) OF TITLE 75 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED, SUBSECTION (D) IS AMENDED BY

ADDING A PARAGRAPH AND THE SECTION IS AMENDED BY ADDING

20170SB0888PN1998 - 6 -

<--

SUBSECTIONS TO READ:

§ 3354. ADDITIONAL PARKING REGULATIONS.

* * *

(D) PERSON WITH A DISABILITY AND DISABLED VETERANS.--

* * *

(2.1) LOCAL AUTHORITIES MAY LIMIT ACCESS TO A PARKING

SPACE RESERVED UNDER PARAGRAPH (2) TO A SPECIFIC VEHICLE,

LICENSE PLATE OR OTHER METHOD OF DESIGNATION. UNDER THIS

PARAGRAPH LOCAL AUTHORITIES MAY CHARGE A REASONABLE FEE AND

SHALL COMPLY WITH SECTION 6109 (RELATING TO SPECIFIC POWERS

OF DEPARTMENT AND LOCAL AUTHORITIES) AND THE AMERICANS WITH

DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336, 104 STAT. 327).

* * *

(D.1) OBSTRUCTING MOVEMENT.--A PERSON MAY NOT OBSTRUCT A

SPACE ON PUBLIC OR PRIVATE PROPERTY RESERVED FOR A PERSON WITH A

DISABILITY OR A PART OF A CURB RAMP OR THE ACCESS AISLE ADJACENT

TO A PARKING SPACE RESERVED FOR A PERSON WITH A DISABILITY IN A

MANNER THAT WOULD PREVENT A PERSON OR WHEELCHAIR OR PERSONAL

MOBILITY DEVICE FROM ENTERING OR LEAVING A VEHICLE LEGALLY

PARKED IN AN ADJOINING SPACE.

* * *

(F) PENALTY.--A PERSON VIOLATING SUBSECTION (A), (B) OR (D)

(1) IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION,

BE SENTENCED TO PAY A FINE OF NOT MORE THAN $15. A PERSON

VIOLATING SUBSECTION (D)(2) OR (3) OR (E) IS GUILTY OF A SUMMARY

OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE

OF NOT LESS THAN $50 NOR MORE THAN $200. IF A PERSON IS

CONVICTED UNDER SUBSECTION (D)(2) OR (3) IN THE ABSENCE OF A

SIGN STATING THE PENALTY AMOUNT, THE FINE IMPOSED MAY NOT EXCEED

$50. A PERSON VIOLATING SUBSECTION (D.1) IS GUILTY OF A SUMMARY

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OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE

OF NOT LESS THAN $100 NOR MORE THAN $300.

* * *

(H) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"ACCESS AISLE." A PHYSICAL AREA MARKED IN ACCORDANCE WITH

DEPARTMENTAL REGULATIONS:

(1) DESIGNATED BY WHITE OR BLUE PAVEMENT MARKING HASH-

MARKS, CROSS-HATCHING OR OTHER SIMILAR VISUAL NO PARKING

INDICATORS;

(2) WHICH PROVIDES ADDITIONAL SPACE FOR A PERSON USING A

WHEELCHAIR, WHEELCHAIR LIFT OR OTHER MOBILITY DEVICE; AND

(3) WHICH IS LOCATED ADJACENT TO A PARKING SPACE

RESERVED FOR A PERSON WITH A DISABILITY.

"PERSON WITH A DISABILITY." A PERSON ISSUED A PLATE OR

PLACARD.

"PLATE OR PLACARD." A PLATE OR PLACARD ISSUED UNDER:

(1) SECTION 1338 (RELATING TO PERSON WITH DISABILITY

PLATE AND PLACARD).

(2) SECTION 1342(A) OR (B) (RELATING TO VETERAN PLATES

AND PLACARD).

Section 2. This act shall take effect in 180 days.

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