Please wait while the document is loaded.

A03771
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 AND MILLARD, JUNE 3, 2019
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 3, 2019
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; 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 and for the offense of reckless
driving.
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:
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Bodily injury." An injury causing impairment of physical
condition or substantial pain.
* * *
"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.
* * *
"Vulnerable highway user." A pedestrian or a person on a
self-propelled transportation device, an auxiliary-powered
transportation device, an animal, an animal-drawn vehicle or a
farm vehicle, and who is lawfully on a highway. 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.
* * *
Section 2. Sections 1532(a) and (b)(1) and (5), 3303(a)(3),
3502 and 3714 of Title 75 are amended to read:
A03771 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
§ 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
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).
* * *
(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).
A03771 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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).
Section 3743 (relating to accidents involving damage
to attended vehicle or property).
* * *
(5) The department shall suspend the operating privilege
of any driver for three months upon receiving a certified
record of the driver's conviction of or an adjudication of
delinquency based on section 3714(c) or (c.2).
* * *
§ 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 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.
* * *
§ 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.
A03771 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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.
(c) Serious bodily injury.--[If] Except as provided in
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. Section 3736(b) of Title 75 is amended and the
A03771 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
section is amended by adding subsections to read:
§ 3736. Reckless driving.
* * *
(b) Penalty.--[Any] Except as provided in subsections (c),
(d) and (e), any person who violates this section commits a
summary offense and shall, upon conviction, be sentenced to pay
a fine of $200.
(c) Death involving a vulnerable highway user.--A person who
violates this section and causes the death of a vulnerable
highway user as a result of the violation commits a misdemeanor
of the first degree and shall, upon conviction, be sentenced to
pay a fine of not more than $10,000.
(d) Serious bodily injury to a vulnerable highway user.--A
person who violates this section and causes the serious bodily
injury of a vulnerable highway user as a result of the violation
commits a misdemeanor of the second degree and shall, upon
conviction, be sentenced to pay a fine of not more than $5,000.
(e) Bodily injury to a vulnerable highway user.--A person
who violates this section and causes the bodily injury of a
vulnerable highway user as a result of the violation commits a
misdemeanor of the third degree and shall, upon conviction, be
sentenced to pay a fine of not more that $1,000.
Section 4 3. This act shall take effect in 120 days.
A03771 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23