Regular Session 2019-2020 House Bill 1536 P.N. 3206

PRIOR PRINTER'S NOS. 1954, 2887

PRINTER'S NO. 3206

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1536

Session of

2019

INTRODUCED BY B. MILLER, DALEY, ZIMMERMAN, READSHAW, FRANKEL,

SCHMITT, NEILSON, MENTZER, MADDEN, HILL-EVANS, MALONEY,

STURLA, DIAMOND, RYAN, MILLARD AND SIMS, JUNE 3, 2019

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JANUARY 22, 2020

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

definitions; in licensing of drivers, further providing for

suspension of operating privilege; IN RULES OF THE ROAD IN

GENERAL, FURTHER PROVIDING FOR THE OFFENSE OF OVERTAKING

VEHICLE ON THE LEFT AND PROVIDING FOR VEHICLES PASSING

PEDESTRIANS ON A HIGHWAY; in special vehicles and

pedestrians, further providing for penalty for violation of

subchapter; and, in miscellaneous provisions, further

providing for the offense of careless driving.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "pedestrian" in section 102 of

Title 75 of the Pennsylvania Consolidated Statutes is amended

and the section is amended by adding definitions 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:

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"Bodily injury." An injury causing impairment of physical

condition or substantial pain.

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"Pedestrian." [A natural person afoot.] An individual afoot

or an individual with a mobility-related disability on a self-

propelled wheelchair or on an electrical mobility device

operated by and designed for the exclusive use of an individual

with a mobility-related disability.

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"Vulnerable highway user." Any of the following who is

lawfully on a highway:

(1) A pedestrian.

(2) An individual on a pedalcycle.

(3) An individual on a motorized pedalcycle.

(4) An individual on an animal.

(5) An individual on an animal-drawn vehicle.

(6) An individual on an electric personal assistive

mobility device.

(7) An individual on a nonmotorized self-propelled

transportation device.

(8) An individual on a motor-driven cycle.

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Section 2. Sections 1532(a) and (b)(1), 3502 and 3714 AND

3303(A)(3) of Title 75 are amended to read:

§ 1532. Suspension of operating privilege.

(a) One-year suspension.--The department shall suspend the

operating privilege of any driver for one year upon receiving a

certified record of the driver's conviction of or an

adjudication of delinquency based on any of the following

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offenses:

(1) Any felony in the commission of which a court

determines that a vehicle was essentially involved.

(3) Any violation of the following provisions:

Section 3714(b.1) (relating to careless driving).

Section 3735.1 (relating to aggravated assault by

vehicle while driving under the influence).

Section 3742 (relating to accidents involving death

or personal injury).

Section 3742.1 (relating to accidents involving death

or personal injury while not properly licensed).

Section 7111 (relating to dealing in titles and

plates for stolen vehicles).

Section 7121 (relating to false application for

certificate of title or registration).

Section 7122 (relating to altered, forged or

counterfeit documents and plates).

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(b) Suspension.--

(1) The department shall suspend the operating privilege

of any driver for six months upon receiving a certified

record of the driver's conviction of or an adjudication of

delinquency based on any offense under the following

provisions:

Section 3367 (relating to racing on highways).

Section 3714(b) [(relating to careless driving)] or

(c.1).

Section 3734 (relating to driving without lights to

avoid identification or arrest).

Section 3736 (relating to reckless driving).

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Section 3743 (relating to accidents involving damage

to attended vehicle or property).

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§ 3303. OVERTAKING VEHICLE ON THE LEFT.

(A) GENERAL RULE.--THE FOLLOWING RULES SHALL GOVERN THE

OVERTAKING AND PASSING OF VEHICLES PROCEEDING IN THE SAME

DIRECTION, SUBJECT TO THE LIMITATIONS, EXCEPTIONS AND SPECIAL

RULES STATED IN THIS CHAPTER:

* * *

(3) THE DRIVER OF A MOTOR VEHICLE OVERTAKING A

[PEDALCYCLE] VULNERABLE HIGHWAY USER, OTHER THAN A

PEDESTRIAN, PROCEEDING IN THE SAME DIRECTION SHALL PASS TO

THE LEFT OF THE [PEDALCYCLE] VULNERABLE HIGHWAY USER WITHIN

NOT LESS THAN FOUR FEET AT A CAREFUL AND PRUDENT REDUCED

SPEED.

* * *

SECTION 3. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:

§ 3303.1. VEHICLES PASSING PEDESTRIANS ON A HIGHWAY.

(A) GENERAL RULE.--THE FOLLOWING RULES SHALL GOVERN THE

PASSING OF PEDESTRIANS ON A HIGHWAY WHEN VEHICLES ARE PROCEEDING

IN THE SAME OR OPPOSITE DIRECTION:

(1) IF A PEDESTRIAN IS WALKING ON A HIGHWAY OR ON A

SHOULDER ADJACENT TO A HIGHWAY, THE DRIVER OF A MOTOR VEHICLE

SHALL SAFELY PASS A PEDESTRIAN ON THE PEDESTRIAN'S LEFT SIDE

WITHIN NOT LESS THAN FOUR FEET, BUT THE DRIVER IS NOT

REQUIRED TO EXIT THE LANED ROADWAY OR YIELD TO THE PEDESTRIAN

TO ACHIEVE THE FOUR-FOOT REQUIREMENT.

(2) IF A PEDESTRIAN IS WALKING ON A HIGHWAY OR ON A

SHOULDER ADJACENT TO A HIGHWAY AND THE ONLY OPTION FOR THE

DRIVER OF A MOTOR VEHICLE TO SAFELY PASS A PEDESTRIAN IS ON

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THE RIGHT SIDE OF THE PEDESTRIAN, THE DRIVER OF A MOTOR

VEHICLE SHALL SAFELY PASS ON THE PEDESTRIAN'S RIGHT SIDE

WITHIN NOT LESS THAN FOUR FEET, BUT THE DRIVER IS NOT

REQUIRED TO EXIT THE LANED ROADWAY OR YIELD TO THE PEDESTRIAN

TO ACHIEVE THE FOUR-FOOT REQUIREMENT.

(B) CONSTRUCTION.--NOTHING WITHIN THIS SECTION SHALL BE

CONSTRUED TO RELIEVE A PEDESTRIAN OF THE REQUIREMENTS OF SECTION

3542 (RELATING TO RIGHT-OF-WAY OF PEDESTRIANS IN CROSSWALKS),

3543 (RELATING TO PEDESTRIANS CROSSING AT OTHER THAN CROSSWALKS)

OR 3544 (RELATING TO PEDESTRIANS WALKING ALONG OR ON HIGHWAY).

SECTION 4. SECTIONS 3502 AND 3714 OF TITLE 75 ARE AMENDED TO

READ:

§ 3502. Penalty for violation of subchapter.

Any person violating any provision of this subchapter is

guilty of a summary offense and shall, upon conviction, be

sentenced to pay a fine of [$10] $25.

§ 3714. Careless driving.

(a) General rule.--Any person who drives a vehicle in

careless disregard for the safety of persons or property is

guilty of careless driving, a summary offense.

(b) Unintentional death.--[If] Except as provided in

subsection (b.1), if the person who violates this section

unintentionally causes the death of another person as a result

of the violation, the person shall, upon conviction, be

sentenced to pay a fine of $500.

(b.1) Death involving a vulnerable highway user.--If the

person who violates this section unintentionally causes the

death of a vulnerable highway user as a result of the violation,

the person shall, upon conviction, be sentenced to pay a fine of

not less than $500 and not more than $5,000.

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subsection (c.1), if the person who violates this section

unintentionally causes the serious bodily injury of another

person as a result of the violation, the person shall, upon

conviction, be sentenced to pay a fine of $250.

(c.1) Serious bodily injury to a vulnerable highway user.--

If the person who violates this section unintentionally causes

the serious bodily injury of a vulnerable highway user as a

result of the violation, the person shall, upon conviction, be

sentenced to pay a fine of not less than $250 and not more than

$2,500.

(c.2) Bodily injury to a vulnerable highway user.--If a

person who violates this section unintentionally causes the

bodily injury of a vulnerable highway user as a result of the

violation, the person shall, upon conviction, be sentenced to

pay a fine of not more than $500.

Section 3 5. This act shall take effect in 120 days.

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