A05057
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2266
Session of
2024
INTRODUCED BY TOMLINSON, HOGAN, GUENST, MARCELL, LABS AND
GILLEN, MAY 8, 2024
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 8, 2024
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in rules of the road in general, further providing
for racing on highways; in enforcement, further providing for
disposition of impounded vehicles, combinations and loads; in
penalties and disposition of fines, further providing for
subsequent convictions of certain offenses; imposing
penalties; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1532(b)(1), 1542(b)(2), 1553(d)(11),
3367, 6310(b) and 6503(a) of Title 75 of the Pennsylvania
Consolidated Statutes are amended to read:
§ 1532. Suspension of operating privilege.
* * *
(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:
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Section 3367 (relating to racing on highways and
trafficways).
Section 3714(b) (relating to careless driving).
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).
* * *
§ 1542. Revocation of habitual offender's license.
* * *
(b) Offenses enumerated.--Three convictions arising from
separate acts of any one or more of the following offenses
committed by any person shall result in such person being
designated as a habitual offender:
* * *
(2) Any violation of section 3367 (relating to racing on
highways and trafficways).
* * *
§ 1553. Occupational limited license.
* * *
(d) Unauthorized issuance.--The department shall prohibit
issuance of an occupational limited license to:
* * *
(11) Any person whose operating privilege has been
suspended or revoked as the result of a conviction of or as a
result of a court order in conjunction with an adjudication
of delinquency or the granting of a consent decree for any
offense under the following provisions, unless the suspension
or revocation has been fully served:
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Section 3345(a) (relating to meeting or overtaking
school bus).
Section 3367 (relating to racing on highways and
trafficways).
Any violation of Ch. 37 Subch. B (relating to serious
traffic offenses) or C (relating to accidents and
accident reports).
* * *
§ 3367. Racing on highways and trafficways.
(a) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"Drag race." The operation of two or more vehicles from a
point side by side at accelerating speeds in a competitive
attempt to outdistance each other, or the operation of one or
more vehicles over a common selected course, from the same point
to the same point, for the purpose of comparing the relative
speeds or power of acceleration of the vehicle or vehicles
within a certain distance or time limit.
"Drifting." The act of steering a vehicle in a turn in an
attempt to make the rear wheel or wheels of the vehicle lose
traction and create a controlled or uncontrolled skid sideways.
"Race." The use of one or more vehicles in an attempt to
outgain, outdistance or prevent another vehicle from passing, to
arrive at a given destination ahead of another vehicle or
vehicles, or to test the physical stamina or endurance of
drivers over long distance driving routes.
(b) General rule.--No person shall drive a vehicle on a
highway or trafficway in any race, speed competition or contest,
drag race or acceleration contest, test of physical endurance,
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exhibition of speed or acceleration, or for the purpose of
making a speed record, and no person shall in any manner
participate in any such race, competition, contest, test or
exhibition.
(b.1) Drifting.--No person shall engage in the drifting of a
vehicle on a highway or trafficway.
(c) Permits for special activities.--The department or local
authorities within their jurisdiction may issue permits for
special activities which would otherwise be prohibited by this
section.
(d) [Penalty.--Any person violating this section is guilty
of a summary offense and shall, upon conviction, be sentenced to
pay a fine of $200.] Penalties.--
(1) A person violating subsection (b) commits a summary
offense and shall, upon conviction for a first offense, be
sentenced to pay a fine of $500.
(2) A person violating subsection (b) commits a summary
offense and shall, upon conviction for a second or subsequent
offense, be sentenced to pay a fine of $2,000 not more than
$2,000 or imprisonment for not more than six months, or both,
and the vehicle or combination used in the commission of the
offense shall be subject to an impoundment order for up to
six months as follows:
(i) The impoundment of the vehicle or combination
shall occur within the county where the offense was
committed.
(ii) Direct enforcement of the impoundment order
shall be conducted by a police officer, constable or
impoundment official as directed by the judicial
authority. In a city of the first class, second class,
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second class A and third class, the impoundment official
shall be a parking authority of the municipality as
authorized under section 6109 (relating to specific
powers of department and local authorities) and 53
Pa.C.S. Ch. 55 (relating to parking authorities).
(iii) Upon issuance of an impoundment order, a
police officer, constable or impoundment official as
directed by the judicial authority shall give immediate
notice by the most expeditious means and by certified
mail, return receipt requested, of the impoundment and
loc ation of the vehicle or combination to the owners and
any lienholders of the vehicle or combination if the
names and addresses of the owners and any lienholder are
known or can be ascertained after a reasonable
investigation.
(iii) (iv) The costs of a police officer, constable
or impoundment official, reasonable storage costs and all
other reasonable costs incident to the impoundment order
shall be recoverable in addition to costs of prosecution.
(iv) The owner (v) The owners of the vehicle or
combination which has been subject to an impoundment
order may obtain possession of the vehicle or combination
by: upon the expiration or termination of the impoundment
order as provided under this section by:
(A) Furnishing proof of valid registration and
financial responsibility.
(B) Paying all costs and reasonable fees
associated with the impoundment order or making
arrangements with the appropriate judicial authority
to make payments payment of all costs and reasonable
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fees by installments as provided by the Pennsylvania
Rules of Criminal Procedure.
(v) (vi) Any impounded vehicle or combination not
recovered within 30 days of the expiration or termination
of the impoundment order under this subsection may be
sold as an unclaimed vehicle under section 6310 (relating
to disposition of impounded vehicles, combinations and
loads).
(vii) A vehicle shall not be subject to an
impoundment order under this subsection if:
(A) The vehicle was reported to a police
department as stolen and was not recovered prior to
the time the violation under this section occurred.
(B) The vehicle is a rental vehicle which shall
be immediately returned to the entity which issued
the rental agreement.
(viii) An impoundment order issued under this
subsection shall be immediately terminated by a court of
competent jurisdiction if the owners o f the vehicle
submit evidence providing that the owners of the vehicle
were not driving at the time of the violation. This
subparagraph shall not apply if it is determined that:
(A) the owners were present when the violation
occurred; or
(B) the owners knowingly gave actual physical
control of the movement of the vehicle to another
person and had knowledge that the vehicle would be
used to commit a violation under subsection (b).
(ix) An impoundment order issued under this
subsection shall be immediately terminated by a court of
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competent jurisdiction if the conviction under subsection
(b) is vacated, overturned, dismisse d or withdrawn, or
for which an individual has been pardoned.
(x) For the purpos es of this subsection, the lessee
or lessor of a leased vehicle or a lienholder shall be
considered the owner of a vehicle.
(3) A person violating subsection (b.1) commits a
summary offense and shall, upon conviction, be sentenced to
pay a fine of $250.
(4) A person that organizes, controls, promotes
knowingly organizes, controls or finances two or more persons
in a course of conduct that violates subsection (b) or (b.1)
commits a summary offense and shall, upon conviction, be
sentenced to pay a fine of $1,000 per vehicle engaged in the
conduct that violates subsection (b) or (b.1).
(5) A person that organizes, controls, promotes
knowingly organizes, controls or finances two or more persons
in a course of conduct that violates subsection (b) or (b.1)
that results in the serious bodily injury or death of an
individual commits a felony of the third degree.
§ 6310. Disposition of impounded vehicles, combinations and
loads.
* * *
(b) Sale of unclaimed vehicle or load.--In case any
impounded vehicle or combination is unredeemed, or the load is
unclaimed, for a period of 60 days after notice of impoundment
is given, or for a period of 30 days after the expiration of the
impoundment order under section 3367 (relating to racing on
highways and trafficways), it shall be sold at a public sale by
the sheriff upon order of the issuing authority and after ten
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days' notice of sale to the owners, lienholders or secured
parties of the vehicle or load except that, if the sheriff
determines it to be necessary to preserve their value, goods
which may spoil may be sold in any commercially reasonable
manner prior to expiration of the 60-day period or prior to the
30-day period after the expiration of the impoundment order
under section 3367 and, if impractical to do so, without giving
notice to the owners, lienholders or secured parties.
* * *
§ 6503. Subsequent convictions of certain offenses.
(a) General offenses.--Every person convicted of a second or
subsequent violation of any of the following provisions shall be
sentenced to pay a fine of not less than $200 nor more than
$1,000 or to imprisonment for not more than six months, or both:
Section 1543(a) (relating to driving while operating
privilege is suspended or revoked) except as set forth in
subsection (a.1).
[Section 3367 (relating to racing on highways and
trafficways).]
Section 3734 (relating to driving without lights to avoid
identification or arrest).
Section 3748 (relating to false reports).
* * *
Section 2. This act shall take effect in 60 days.
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