AN ACT

 

1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in snowmobiles and all-terrain vehicles, expanding
3the scope of the chapter to include modified golf carts.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. The heading of Chapter 77 of Title 75 of the
7Pennsylvania Consolidated Statutes is amended to read:

8CHAPTER 77

9SNOWMOBILES, MODIFIED GOLF CARTS

10AND ALL-TERRAIN VEHICLES

11Section 2. Section 7701 of Title 75 is amended to read:

12§ 7701. Short title of chapter.

13This chapter shall be known and may be cited as the
14Snowmobile, Modified Golf Cart and All-Terrain Vehicle Law.

15Section 3. The definition of "dealer" in section 7702 of
16Title 75 is amended and the section is amended by adding a
17definition to read:

18§ 7702. Definitions.

1The following words and phrases when used in this chapter
2shall have, unless the context clearly indicates otherwise, the
3meanings given to them in this section:

4* * *

5"Dealer." A person engaged in the business of selling
6snowmobiles, modified golf carts or all-terrain vehicles at
7wholesale or retail who is registered or required to be
8registered under section 7711 (relating to registration of
9dealers).

10* * *

11"Modified golf cart." A self-propelled motor vehicle with a
12primary purpose other than the transportation of people engaged
13in the game of golf that is designed to carry two or more
14persons, is designed to be and is operated at speeds of 25 miles
15per hour or less, has at least four wheels in contact with the
16ground and has an unladen weight of less than 1,800 pounds. The
17term does not include a golf cart on a golf course or otherwise
18engaged in the game of golf.

19* * *

20Section 4. Section 7706 of Title 75, amended July 5, 2012
21(P.L.1000, No.113) is amended to read:

22§ 7706. Restricted account.

23(a) Deposit and use of moneys.--

24(1) The department shall deposit the following into a
25restricted account, which is hereby established:

26(i) all moneys received from the registration of and
27issuance of certificates of title for snowmobiles, 
28modified golf carts and ATV's and from the issuance of 
29vintage snowmobile permits;

30(ii) all revenue from the sale of any publications

1or services relating to snowmobiles, modified golf carts
2and ATV's; and

3(iii) all fines, penalties, fees and costs assessed
4and collected as a result of enforcement activities
5conducted by the department's law enforcement personnel
6under this chapter.

7(2) The department shall draw moneys from the restricted
8account for use in performing any activities necessary to
9carry out the purposes of this chapter, including
10registration and certificate of title activities, training,
11education, enforcement activities, construction and
12maintenance of snowmobile, modified golf cart and ATV trails
13and acquisition of equipment, supplies and interests in land.
14All moneys deposited in this account shall remain in it to be
15used as specified in this section.

16(3) The provisions of 42 Pa.C.S. § 3573(b)(2) (relating
17to municipal corporation portion of fines, etc.)
18notwithstanding, when prosecution under this chapter is the
19result of local police action, all fines, penalties, fees and
20costs assessed as a result of such prosecution shall be
21payable to the municipal corporation under which the local
22police are organized.

23(b) Grant-in-aid.--The department shall, upon written
24application and subsequent approval, grant money from the
25restricted account:

26(1) To municipalities and profit and nonprofit
27organizations in connection with snowmobile, modified golf 
28cart and ATV use on lands not owned by the Commonwealth for
29the following:

30(i) Plans, specifications and engineering surveys.

1(ii) Fees and costs related to the preparation or
2performance of right-of-way lease agreements.

3(iii) Land acquisition.

4(iv) Construction, maintenance and rehabilitation of
5trails and other facilities for snowmobiles and ATV's.

6(2) To municipalities and profit and nonprofit
7organizations for equipment, training and education
8activities relating to snowmobile and ATV use.

9(3) To profit and nonprofit organizations for the
10maintenance and rehabilitation, but not the construction, of
11snowmobile and ATV trails on land owned by the Commonwealth.

12(c) Audit of moneys.--The restricted account shall be
13audited every two years. Copies of the audit shall be provided
14to the Snowmobile, Modified Golf Cart and ATV Advisory
15Committee.

16Section 5. Section 7711(a) and (e) of Title 75 are amended
17to read:

18§ 7711. Registration of dealers.

19(a) General rule.--A person who is in the business of
20selling snowmobiles, modified golf carts or ATV's in this
21Commonwealth shall register with the department as a dealer. A
22person who is in the business of selling snowmobiles, modified 
23golf carts or ATV's outside this Commonwealth may register with
24the department as a dealer.

25* * *

26(e) Use of dealer registration plates.--A dealer may operate
27or permit to be operated within this Commonwealth a snowmobile, 
28modified golf cart or ATV owned by or in the possession of the
29dealer if:

30(1) A valid dealer registration certificate issued to

1the dealer under this section is displayed conspicuously in
2the dealer's place of business.

3(2) The operator carries a valid dealer registration
4card issued to the dealer under this section.

5(3) There is displayed on the snowmobile, a modified 
6golf cart or ATV in a manner prescribed by the department a
7valid dealer registration plate issued to the dealer under
8this section.

9(4) The snowmobile, modified golf cart or ATV is
10operated only for the purpose of demonstration or testing in
11connection with the dealer's business.

12Section 6. Section 7711.1 of Title 75, amended July 5, 2012
13(P.L.1000, No.113), is amended to read:

14§ 7711.1. Registration of snowmobile, modified golf cart or
15ATV.

16(a) General rule.--Except as otherwise provided in
17subsection (f), it is unlawful for a person to operate or for an
18owner to permit another person to operate a snowmobile, a 
19modified golf cart or an ATV unless:

20(1) There is carried on the snowmobile, modified golf 
21cart or ATV a valid registration certificate issued therefor
22pursuant to subsection (b).

23(2) There is displayed on the snowmobile or modified 
24golf cart a registration decal, or on the ATV a registration
25plate, issued therefor pursuant to subsection (b).

26(3) The display of the registration decal or plate is in
27the manner prescribed by the department.

28(4) There is displayed on the snowmobile, modified golf 
29cart or ATV a valid expiration sticker issued therefor
30pursuant to subsection (b).

1(5) The display of the expiration sticker is in the
2manner prescribed by the department.

3(b) Issuance.--Upon receipt of an application therefor upon
4a form prescribed and furnished by the department which shall
5contain information reasonably required by the department and
6which shall be accompanied by the required fee, the department
7shall issue to the owner of a snowmobile, modified golf cart or
8ATV:

9(1) A biennial registration certificate containing the
10registration number for the snowmobile, modified golf cart or
11ATV and the expiration date of the registration.

12(2) A registration decal displaying the registration
13number for a snowmobile or a modified golf cart or a
14registration plate displaying the registration number for an
15ATV.

16(3) A biennial expiration sticker displaying the
17expiration date of the registration.

18(c) Temporary registration.--Temporary registration for a
19period not to exceed 45 days may be issued by a dealer as
20prescribed by the department. Proof of temporary registration
21shall be carried and displayed as prescribed by the department.

22(d) Expiration of registration.--

23(1) Except as provided in paragraph (2), a registration
24certificate and an expiration sticker shall expire effective
25the day after the expiration date appearing on the
26registration certificate and expiration sticker.

27(2) Upon transfer of ownership of a snowmobile, modified 
28golf cart or ATV during a registration period, the
29registration certificate and expiration sticker shall expire.
30The transferor shall, within 15 days from the date of

1transfer, return to the department the registration
2certificate with the date of transfer and the name and
3address of the new owner endorsed on the back. If the
4transferor applies for registration of a different
5snowmobile, modified golf cart or ATV and pays the required
6transfer fee, the transferor may be issued in the name of the
7transferor a registration certificate and expiration sticker
8for that snowmobile, modified golf cart or ATV for the
9remainder of the registration period without payment of a
10registration fee. The registration decal or plate shall not
11be removed from a snowmobile, modified golf cart or ATV upon
12transfer to the new owner and is invalid until the new owner
13is issued a registration certificate or limited registration
14certificate for the snowmobile, modified golf cart or ATV.

15(3) An expired general registration certificate and an
16expired expiration sticker are invalid.

17(e) Suspension or revocation.--If a person violates this
18chapter or is convicted of any offense under this chapter, the
19department may suspend or revoke a registration certificate and
20an expiration sticker. A suspended or revoked registration
21certificate or expiration sticker is invalid.

22(f) Exemptions from registration.--Subsection (a) does not
23apply if:

24(1) The snowmobile, modified golf cart or ATV is owned
25by or in the possession of a dealer who has been issued a
26dealer registration certificate, dealer registration plates
27and dealer plate registration cards under section 7711
28(relating to registration of dealers), the dealer is in
29compliance with section 7711 and the snowmobile, modified 
30golf cart or ATV is used in accordance with section 7711.

1(2) The snowmobile, modified golf cart or ATV is owned
2and used by the United States or another state or a political
3subdivision thereof, in which case the snowmobile, modified 
4golf cart or ATV shall display the name of the owner in a
5manner prescribed by the department.

6(3) The snowmobile, modified golf cart or ATV is
7operated on land owned or leased by the owner or operator of
8the snowmobile, modified golf cart or ATV and it is not
9operated elsewhere within this Commonwealth.

10(4) The owner of the snowmobile, modified golf cart or
11ATV is not a resident of this Commonwealth and the operator
12presents proof that the snowmobile, modified golf cart or ATV
13has been properly registered in another jurisdiction that
14exempts from its registration requirements persons who have
15obtained proper registration under this chapter.

16(5) The snowmobile is a vintage snowmobile.

17(6) The modified golf cart is used for the
18transportation of persons engaged in the game of golf on a
19public or private golf course or across a public highway
20during a game of golf and it is not otherwise operated in a
21manner requiring registration.

22Section 7. Section 7711.2 of Title 75 is amended to read:

23§ 7711.2. Limited registration of snowmobile, modified golf 
24cart or ATV.

25(a) General rule.--It is unlawful for a person to operate or
26for an owner to permit another person to operate a snowmobile, 
27modified golf cart or ATV identified in section 7711.1(f)(3)
28(relating to registration of snowmobile, modified golf cart or
29ATV) unless:

30(1) A limited registration certificate has been issued

1therefor pursuant to subsection (b).

2(2) There is displayed on the snowmobile or modified 
3golf cart a valid registration decal or on the ATV a valid
4registration plate issued pursuant to subsection (b).

5(3) The display of the registration decal or plate is in
6the manner prescribed by the department.

7(b) Issuance.--Upon receipt of an application therefor upon
8a form prescribed and furnished by the department which shall
9contain information reasonably required by the department, the
10department shall issue to the owner of a snowmobile, modified 
11golf cart or ATV for which limited registration is required
12under subsection (a):

13(1) A limited registration certificate containing the
14registration number for the snowmobile, modified golf cart or
15ATV.

16(2) A registration decal displaying the registration
17number for a snowmobile or modified golf cart or a
18registration plate displaying the registration number for an
19ATV.

20(c) Temporary limited registration.--Temporary limited
21registration for a period not to exceed 45 days may be issued by
22a dealer as prescribed by the department. Proof of temporary
23limited registration shall be displayed as prescribed by the
24department.

25(d) Transfer of ownership.--Upon transfer of ownership of a
26snowmobile, modified golf cart or ATV for which a limited
27registration certificate has been issued, the limited
28registration certificate shall become invalid. The transferor
29shall, within 15 days from the date of transfer, return to the
30department the limited registration certificate with the date of

1transfer and the name and address of the new owner endorsed on
2the back. The registration decal or plate shall not be removed
3from the snowmobile, modified golf cart or ATV upon transfer to
4the new owner and is invalid until the new owner obtains a
5registration certificate or limited registration certificate for
6the snowmobile, modified golf cart or ATV.

7(e) Suspension or revocation.--If a person violates this
8chapter or is convicted of any offense under this chapter, the
9department may suspend or revoke a limited registration
10certificate. A suspended or revoked limited registration
11certificate is invalid.

12Section 8. Section 7712.1 of Title 75, amended July 5, 2012
13(P.L.1000, No.113), is amended to read:

14§ 7712.1. Certificate of title for snowmobile, modified golf 
15cart or ATV.

16(a) General rule.--Except as otherwise provided in
17subsection (b), an owner of a snowmobile, modified golf cart or
18ATV which is in this Commonwealth and for which no certificate
19of title has been issued shall apply to the department for a
20certificate of title.

21(b) Exemptions from titling.--No certificate of title is
22required for:

23(1) A snowmobile, modified golf cart or ATV that was
24registered prior to the effective date of this section.

25(2) A snowmobile, modified golf cart or ATV owned by the
26United States unless a general registration certificate has
27been issued therefor.

28(3) A new snowmobile, modified golf cart or ATV owned by
29a dealer before and until sale.

30(4) A snowmobile, modified golf cart or ATV owned by a

1nonresident of this Commonwealth and not required by law to
2be registered in this Commonwealth.

3(5) A snowmobile, modified golf cart or ATV owned by a
4resident of this Commonwealth and required by law to be
5registered in another state, based and used principally
6outside of this Commonwealth and not required by law to be
7registered in this Commonwealth.

8(6) A modified golf cart solely used for:

9(i) the transportation of persons engaged in the
10game of golf on a public or private golf course or across
11a public highway during a game of golf; or

12(ii) transportation on land owned or leased by the
13owner or operator of the modified golf cart.

14(c) Contents of application.--Application for a certificate
15of title shall be made upon a form prescribed and furnished by
16the department and shall contain a full description of the
17snowmobile, modified golf cart or ATV, date of purchase, the
18name and address of the owner, a statement of the title of
19applicant, together with any other information or documents the
20department requires to identify the snowmobile, modified golf 
21cart or ATV and to enable the department to determine whether
22the owner is entitled to a certificate of title.

23(d) Signing and filing of application.--Application for a
24certificate of title shall be made within 15 days of the sale or
25transfer of a snowmobile, modified golf cart or ATV or its entry
26into this Commonwealth from another jurisdiction, whichever is
27later. The application shall be accompanied by the required fee
28and any tax payable by the applicant under the laws of this
29Commonwealth in connection with the acquisition or use of a
30snowmobile, modified golf cart or ATV or evidence to show that

1the tax has been paid or collected. The application shall be
2signed and verified by oath or affirmation by the applicant if a
3natural person; in the case of an association or partnership, by
4a member or a partner; and in the case of a corporation, by an
5executive officer or person specifically authorized by the
6corporation to sign the application.

7(g) Registration without certificate of title prohibited.--
8Except as provided in subsection (b), the department shall not
9issue a registration certificate or limited registration
10certificate for a snowmobile, modified golf cart or ATV or a 
11vintage snowmobile permit for a vintage snowmobile unless a
12certificate of title has been issued by the department to the
13owner or an application for a certificate of title has been
14delivered by the owner to the department.

15(h) Refusing issuance of certificate of title.--The
16department may refuse issuance of a certificate of title if it
17has reasonable grounds to believe any one of the following:

18(1) A required fee has not been paid.

19(2) Any taxes payable under the laws of this
20Commonwealth on or in connection with, or resulting from the
21acquisition or use of, the snowmobile, modified golf cart or
22ATV have not been paid.

23(3) The applicant is not the owner of the snowmobile, 
24modified golf cart or ATV.

25(4) The application contains a false or fraudulent
26statement.

27(5) The applicant has failed to furnish required
28information or documents or any additional information the
29department reasonably requires.

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

1or ATV.--

2(1) Upon the sale or transfer of ownership of a
3snowmobile, modified golf cart or ATV within this
4Commonwealth, the owner shall execute an assignment and
5warranty of title to the transferee in the space provided on
6the certificate of title or as the department prescribes,
7sworn to before a notary public or other officer empowered to
8administer oaths, and deliver the certificate to the
9transferee at the time of the delivery of the snowmobile, 
10modified golf cart or ATV.

11(2) Except as otherwise provided in section 7715.1
12(relating to snowmobile, modified golf cart or ATV purchased
13from dealer), the transferee shall, within 15 days of the
14assignment of the certificate of title, apply for a new title
15by forwarding to the department the certificate of title
16executed as required by paragraph (1), a properly completed
17application for certificate of title, sworn to before a
18notary public or other officer empowered to administer oaths,
19and such other forms as the department may require.

20(k) Penalty.--A person who violates subsection (a) commits a
21summary offense and shall, upon conviction, be sentenced:

22(1) For a first offense, to pay a fine of $100 and costs
23of prosecution.

24(2) For a subsequent offense, to pay a fine of not less
25than $300 nor more than $1,000 and costs of prosecution.

26Section 9. Section 7712.2, 7712.3, 7712.5(c), 7712.6(a) and
27(b), 7712.7(a) and (c), 7712.8 heading and (a), (b) and (c),
287712.9(a) and (b), 7712.10, 7712.12(a), 7712.13 and 7715.1
29heading and (a) of Title 75 are amended to read:

30§ 7712.2. Transfer to or from dealer.

1(a) Transfer to dealer.--If a dealer acquires a snowmobile, 
2modified golf cart or ATV for the purpose of resale, a
3certificate of title need not be applied for as provided for in
4section 7712.1 (relating to certificate of title for snowmobile, 
5modified golf cart or ATV), but the dealer shall, within seven
6days from the date of acquisition, forward to the department,
7upon a form prescribed and furnished by the department,
8notification of the acquisition of the snowmobile, modified golf 
9cart or ATV.

10(b) Execution and display of notice of transfer.--A dealer
11making notification pursuant to subsection (a) shall execute at
12least three copies of the notification, the original of which
13shall be forwarded to the department, one copy to accompany the
14snowmobile, modified golf cart or ATV in any subsequent transfer
15and one copy to be retained by the dealer for at least one year
16after a subsequent transfer, to be exhibited, with the assigned
17certificate of title, upon request of a police officer or
18authorized department employee.

19(c) Transfer from dealer.--Except as otherwise provided in
20subsection (a), if a dealer transfers the dealer's interest in a
21snowmobile, modified golf cart or ATV:

22(1) The dealer shall execute an assignment and warranty
23of title to the transferee in the space provided on the
24certificate of title or as the department prescribes.

25(2) The transferee shall complete the application for
26certificate of title in the name of the transferee, sworn to
27before a notary public or other officer empowered to
28administer oaths.

29(3) The dealer shall forward to the department the
30certificate of title executed as required by paragraph (1), a

1properly completed application for certificate of title and
2such other forms as the department may require within 15 days
3of the transfer.

4(d) Exception for repossessed snowmobiles, modified golf 
5carts or ATV's.--This section does not apply to a snowmobile, 
6modified golf cart or ATV repossessed upon default of
7performance of a lease, contract of conditional sale or similar
8agreement.

9(e) Penalty and suspension or revocation of dealer
10registration.--A dealer who violates this section commits a
11summary offense and shall, upon conviction, be sentenced to pay
12a fine of $50. If a dealer violates this section, the department
13may suspend or revoke the registration issued under section 7711
14(relating to registration of dealers).

15§ 7712.3. Transfer of snowmobile, modified golf cart or ATV by
16operation of law.

17(a) General rule.--If the interest of an owner in a
18snowmobile, modified golf cart or ATV passes to another other
19than by voluntary transfer, the transferee shall, except as
20otherwise provided, promptly mail or deliver to the department
21the last certificate of title, if available, and shall apply for
22a new certificate of title on a form prescribed and furnished by
23the department. The application shall be accompanied by such
24instruments or documents of authority, or certified copies
25thereof, as may be sufficient or required by law to evidence or
26effect a transfer of title or interest in or to chattels in such
27case.

28(b) Transfer to surviving spouse.--Transfer of a certificate
29of title to a surviving spouse, or a person designated by the
30spouse, may be made without the necessity of filing for letters

1of administration, notwithstanding the fact that there are minor
2children surviving the decedent, if the surviving spouse files
3an affidavit that all debts of the decedent have been paid.

4(c) Surrender of certificate.--A person holding a
5certificate of title, whose interest in a snowmobile, modified 
6golf cart or ATV has been extinguished or transferred other than
7by voluntary transfer, shall immediately surrender the
8certificate of title to the person to whom the right to
9possession of the snowmobile, modified golf cart or ATV has
10passed. Upon request of the department, such person shall mail
11or deliver the certificate to the department. Delivery of the
12certificate pursuant to the request of the department does not
13affect the rights of the person surrendering the certificate.

14§ 7712.5. Issuance of new certificate following transfer.

15* * *

16(c) Filing and retention of surrendered certificate.--The
17department shall file and retain for five years a surrendered
18certificate of title, or a copy, in such a manner as to permit
19the tracing of title of the snowmobile, modified golf cart or
20ATV.

21§ 7712.6. Suspension and cancellation of certificate of title.

22(a) Return of new snowmobile, modified golf cart or ATV.--
23The department may cancel the certificate of title issued for a
24new snowmobile, modified golf cart or ATV if it is shown by
25satisfactory evidence that the snowmobile, modified golf cart or
26ATV has been returned to the dealer from whom obtained.

27(b) Snowmobile, modified golf cart or ATV sold to
28nonresidents.--The department may cancel a certificate of title
29for a snowmobile, modified golf cart or ATV sold to a resident
30of another state or foreign country if the snowmobile, modified 

1golf cart or ATV is to be registered in the other jurisdiction.

2* * *

3§ 7712.7. Application for certificate of title by agent.

4(a) Authorization to apply.--No person may apply for a
5certificate of title on behalf of another person unless
6authorization to do so is in effect and is verified by oath or
7affirmation of the other person, made, except as between lessors
8and fleet owners as lessees, not more than 15 days before the
9application is received by the department. A lessor may
10authorize a fleet owner to apply for a certificate of title for
11a leased snowmobile, modified golf cart or ATV for a period of
12up to one year.

13* * *

14(c) Persons authorized to hold certificate.--No person may
15receive, obtain or hold a certificate of title recorded in the
16name of another person for the other person who is not in the
17regular employ of, or not a member of the family of, the other
18person, unless the person receiving, obtaining or holding the
19certificate of title has a valid undischarged security interest
20recorded in the department against the snowmobile, modified golf 
21cart or ATV represented by the certificate of title.

22* * *

23§ 7712.8. Perfection of security interest in a snowmobile, 
24modified golf cart or ATV.

25(a) Applicability of section.--Except as otherwise provided
26in 13 Pa.C.S. §§ 9311(d) (relating to perfection of security
27interests in property subject to certain statutes, regulations
28and treaties), 9315(c) and (d) (relating to secured party's
29rights on disposition of collateral and in proceeds) and 9316(d)
30and (e) (relating to continued perfection of security interest

1following change in governing law), this section provides the
2exclusive method of perfecting a security interest in a
3snowmobile, modified golf cart or ATV for which a certificate of
4title is required under this subchapter.

5(b) Snowmobiles, modified golf carts or ATV's without
6Pennsylvania certificate of title.--If an owner creates a
7security interest in a snowmobile, modified golf cart or ATV for
8which a certificate of title has not been issued by the
9department, the owner shall, at the request of the secured
10party, promptly execute an application for a certificate of
11title on a form prescribed by the department showing the name
12and address of the secured party. The owner shall tender the
13application, the existing certificate of title, if any, and the
14required fee to the department. A security interest in a
15snowmobile, modified golf cart or ATV is perfected at the time
16that such application, existing certificate of title, if any,
17and required fee are received by the department.

18(c) Snowmobiles, modified golf carts or ATV's with
19Pennsylvania certificate of title.--If an owner creates a
20security interest in a snowmobile, modified golf cart or ATV for
21which a certificate of title has been issued by the department,
22the owner shall, at the request of the secured party, promptly
23execute an application on a form prescribed by the department
24showing the name and address of the secured party. The owner
25shall tender the certificate of title, together with the
26application and the required fee, to the department. A security
27interest in a snowmobile, modified golf cart or ATV is perfected
28at the time such application, certificate of title and required
29fee are received by the department.

30* * *

1§ 7712.9. Satisfaction of security interest.

2(a) Satisfaction of secured obligation.--Unless otherwise
3agreed by the owner, within 15 days of the satisfaction of the
4obligation secured by a security interest in a snowmobile, 
5modified golf cart or ATV, the secured party shall mail or
6deliver the certificate of title to the owner or to the
7department with a statement of satisfaction signed by the
8secured party. Upon receipt of the certificate of title and
9statement of satisfaction, the department shall issue a
10corrected certificate of title without an indorsement of such
11secured party's security interest and mail the same to the
12holder of the first remaining security interest or, if there is
13no remaining security interest, the owner.

14(b) Satisfaction of subordinate secured obligation.--If the
15certificate of title for a snowmobile, modified golf cart or ATV
16is in the possession of a prior secured party, the subordinate
17secured party whose obligation is satisfied shall mail or
18deliver to the owner a signed statement of satisfaction in
19accordance with subsection (a). Upon request of the owner and
20receipt of the statement of satisfaction, the secured party in
21possession of the certificate of title shall mail or deliver the
22certificate of title, together with the statement of
23satisfaction, to the department. Upon receipt of the certificate
24of title and evidence of satisfaction, the department shall
25issue a corrected certificate of title without an indorsement of
26the satisfied security interest and mail the same to the prior
27secured party.

28* * *

29§ 7712.10. Release of security interest.

30A secured party that releases a security interest in a

1snowmobile, modified golf cart or ATV shall mail or deliver the
2certificate of title to the owner with a statement of release
3signed by the secured party, or the secured party may apply to
4the department for a corrected certificate of title to be issued
5in the name of the owner. Upon receipt of the certificate of
6title and statement of release, the department shall issue a
7corrected certificate of title without an indorsement of such
8secured party and mail the same to the holder of the first
9remaining security interest or, if there is no remaining secured
10party, the owner.

11§ 7712.12. Assignment by secured party of security interest.

12(a) General rule.--A secured party may assign, absolutely or
13otherwise, his security interest in a snowmobile, modified golf 
14cart or ATV to a person other than the owner without affecting
15the interest of the owner or the validity or perfection of the
16security interest.

17* * *

18§ 7712.13. Exemptions.

19The provisions of this subchapter relating to procedures for
20perfecting, assigning and satisfying security interests do not
21apply to:

22(1) a lien given by statute or rule of law to a supplier
23of services or materials for the snowmobile, modified golf 
24cart or ATV;

25(2) a lien given by statute to the United States, the
26Commonwealth or any political subdivision of the
27Commonwealth;

28(3) a security interest in a snowmobile, modified golf 
29cart or ATV described in 13 Pa.C.S. § 9311(d) (relating to
30perfection of security interests in property subject to

1certain statutes, regulations and treaties); or

2(4) a snowmobile, modified golf cart or ATV for which a
3certificate of title is not required under this subchapter.

4§ 7715.1. Snowmobile, modified golf cart or ATV purchased from
5dealer.

6(a) General rule.--If a snowmobile, modified golf cart or
7ATV is purchased from a dealer, the dealer shall mail or deliver
8to the department an application for a registration certificate
9or limited registration certificate, an application for
10certificate of title, any other required forms and the required
11fees within 15 days of the date of purchase.

12* * *

13Section 10. Sections 7715.2 and 7716 of Title 75, amended
14July 5, 2012 (P.L.1000, No.113), are amended to read:

15§ 7715.2. Fees.

16(a) Fees.--Except as provided in subsection (b), the
17department shall collect the following fees:

18(1) Certificate of title, $22.50.

19(2) Expiration sticker, $20.

20(2.1) Vintage snowmobile permit, $20.

21(3) Dealer registration, $25.

22(4) Replacement, due to loss or damage, of registration
23certificate, limited registration certificate, registration
24decal, registration plate, expiration sticker or vintage 
25snowmobile permit, $5.

26(5) Transfer of registration pursuant to section 7711.1
27(relating to registration of snowmobile, modified golf cart
28or ATV), $5.

29(6) Recording the name of a secured party on a
30certificate of title, $5.

1(b) Exemptions from fees.--Subsection (a) does not apply to
2a snowmobile, modified golf cart or ATV owned by:

3(1) The Commonwealth.

4(2) A political subdivision of this Commonwealth.

5(3) A volunteer organization and used exclusively for
6emergency purposes.

7§ 7716. Records.

8The department shall maintain a record, which shall be made
9available to all enforcement agencies, of:

10(1) The registration number for each snowmobile, 
11modified golf cart and ATV for which a registration
12certificate or limited registration certificate is issued.

13(2) The name and address of the owner of each
14snowmobile, modified golf cart and ATV for which a
15registration certificate or limited registration certificate
16is issued.

17(3) The permit number for each vintage snowmobile for
18which a vintage snowmobile permit is issued.

19(4) The name and address of the owner of each vintage
20snowmobile for which a vintage snowmobile permit is issued.

21Section 11. Sections 7717, 7721, 7722 and 7724 of Title 75
22are amended to read:

23§ 7717. Snowmobile, Modified Golf Cart and ATV Advisory
24Committee.

25(a) Establishment.--There is hereby established under the
26jurisdiction of the department a board known as the Snowmobile, 
27Modified Golf Cart and ATV Advisory Committee.

28(b) Composition.--The committee shall consist of 17 members.
29The members shall be as follows:

30(1) The chairman and minority chairman of the

1Environmental Resources and Energy Committee of the Senate.

2(2) The chairman and minority chairman of the
3Environmental Resources and Energy Committee of the House of
4Representatives.

5(3) One member from the Pennsylvania Game Commission.

6(4) One member from the Allegheny National Forest.

7(5) One member from the Pennsylvania State Association
8of Township Supervisors.

9(6) One member from the Pennsylvania State Association
10of Boroughs.

11(7) One member from the Pennsylvania State Association
12of County Commissioners.

13(8) Eight members of the public representing the
14following organizations to be appointed by the Secretary of
15Conservation and Natural Resources:

16(i) Two members from a list of at least six
17representatives submitted by the Pennsylvania State
18Snowmobile Association.

19(ii) Two members from a list of at least six
20representatives submitted by the Pennsylvania Off-Highway
21Vehicle Association.

22(iii) One member from a list of at least three
23representatives submitted by the Pennsylvania Farm
24Bureau.

25(iv) Two members from a list of at least six
26representatives submitted by conservation or nonmotorized
27recreation organizations.

28(v) One member from a list of at least three
29representatives submitted by the Pennsylvania Travel
30Council.

1Each member may designate an alternate to serve in his stead. A
2member shall notify the chairman in writing of this designation.

3(c) Terms of appointees.--The terms of all members of the
4committee appointed by the Secretary of Conservation and Natural
5Resources shall be three years. Any member of the committee may
6be reappointed for additional terms. A person appointed to fill
7a vacancy shall serve for the unexpired term and is eligible for
8reappointment.

9(d) Officers.--The members of the committee shall annually
10elect a chairman, a vice chairman and a secretary from among the
11public members of the committee.

12(e) Meetings and expenses.--

13(1) The committee shall meet at least annually.

14(2) A public member, including a designee, who misses
15three consecutive meetings without good cause acceptable to
16the chairman may be replaced by the Secretary of Conservation
17and Natural Resources.

18(3) The public members of the committee shall be allowed
19actual, necessary and reasonable per diem expenses in
20accordance with regulations of the Executive Board. The
21department shall provide appropriate staff support to enable
22the committee to properly carry out its functions.

23(f) Powers and duties.--The powers and duties of the
24committee shall be to advise the Secretary of Conservation and
25Natural Resources on matters concerning the implementation of
26this chapter, including existing and proposed regulations,
27standards, policies and practices; use and operation of
28snowmobiles, modified golf carts and ATV's on public and private
29land; acquisition, construction, development and maintenance of
30trails; enforcement; and allocation of fees collected by the

1department pursuant to this chapter.

2§ 7721. Operation on streets and highways.

3(a) General rule.--Except as otherwise provided in this
4chapter, it is unlawful to operate a snowmobile, a modified golf 
5cart or an ATV on any street or highway which is not designated
6and posted as a snowmobile, a modified golf cart or an ATV road
7by the governmental agency having jurisdiction.

8(b) Emergency and bridge crossings.--A snowmobile, a 
9modified golf cart or an ATV may be operated on highways and
10streets:

11(1) During periods of emergency when so declared by a
12policy agency having jurisdiction.

13(2) When necessary to cross a bridge or culvert.

14(c) Crossing street or highway.--A snowmobile, a modified 
15golf cart or an ATV may make a direct crossing of a street or
16highway upon compliance with the following requirements:

17(1) The crossing is made at an angle of approximately 90
18degrees to the direction of the highway and at a place where
19no obstruction prevents a quick and safe crossing.

20(2) The snowmobile, modified golf cart or ATV is brought
21to a complete stop before crossing the shoulder or main-
22traveled way of the highway.

23(3) The driver yields the right-of-way to all oncoming
24traffic which constitutes an immediate hazard.

25(4) In crossing a divided highway, the crossing is made
26only at an intersection of such highway with another public
27street or highway.

28§ 7722. Designation of snowmobile, modified golf cart and ATV
29roads.

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

1State-designated highways and local authorities on any highway,
2road or street within its jurisdiction may designate any
3highway, road or street within its jurisdiction as a snowmobile
4road, a modified golf cart road, an ATV road, or [both] a 
5combination, and may, in its discretion, determine whether such
6road shall be closed to vehicular traffic or whether
7snowmobiles, modified golf carts and ATV's may share this
8designated road with vehicular traffic.

9(b) Posting notices.--Adequate notices of such designation
10and determination shall be sufficiently and prominently
11displayed.

12(c) Liability.--There shall be no liability imposed on the
13Department of Transportation or any other State agency or any
14political subdivision of this Commonwealth as a result of
15designating any highway, road or street as a snowmobile road, a 
16modified golf cart road or an ATV road as provided in subsection
17(a).

18§ 7724. Operation on private or State property.

19(a) Private real property.--

20(1) No person shall operate a snowmobile, a modified 
21golf cart or an ATV on private real property without the
22consent of the owner thereof. Any person operating a
23snowmobile, a modified golf cart or an ATV upon lands of
24another shall stop and identify himself upon the request of
25the landowner or his duly authorized representatives and, if
26requested to do so by the landowner, shall promptly remove
27the snowmobile, modified golf cart or ATV from the premises.

28(2) When a person operates a snowmobile, a modified golf 
29cart or an ATV in a manner as to violate section 3717
30(relating to trespass by motor vehicle), the applicable

1fines, penalties and suspensions provided in this title for
2violation of section 3717 shall apply to this subsection.

3(b) State property.--

4(1) No person shall operate a snowmobile, a modified 
5golf cart or an ATV on State-owned property except on clearly
6marked and previously designated snowmobile, modified golf 
7cart or ATV routes or as expressly permitted by the
8Commonwealth.

9(2) (i) The department may designate any road within a
10State Park or State Forest over which the department has
11jurisdiction as a snowmobile road, a modified golf cart 
12road or an ATV road, or [both] a combination, and may, in
13its discretion, determine whether the road shall be
14closed to vehicular traffic or whether snowmobiles, 
15modified golf carts and ATV's may share the designated
16road with vehicular traffic. Adequate notices of such
17designation and determination shall be sufficiently and
18prominently displayed.

19(ii) No person shall operate a snowmobile, modified 
20golf cart or ATV on State park or State forest land
21except as follows:

22(A) A person may operate a snowmobile on a road,
23trail or area that is designated and marked by the
24department as open for snowmobile use or on which the
25person has been given specific written permission to
26operate the snowmobile.

27(B) A person may operate a Class I ATV on a
28road, trail or area that is designated and marked by
29the department as open for ATV use or on which the
30person has been given specific written permission to

1operate the ATV.

2(C) A person may operate a Class II ATV on a
3road, trail or area if the person has been given
4specific written permission by the department to
5operate a Class II ATV on the road, trail or area.

6(D) A person may operate a modified golf cart on
7a road, trail or area that is designated and marked
8by the department as open for modified golf cart use
9or on which the person has been given specific
10written permission to operate the modified golf cart.

11Section 12. Section 7725 of Title 75, amended July 5, 2012
12(P.L.1000, No.113), is amended to read:

13§ 7725. Operation by persons under age sixteen.

14(a) Crossing street or highway.--No person under 16 years of
15age shall drive a snowmobile, modified a golf cart or an ATV
16across any highway or connecting street thereto unless he is
17under the direct supervision of a person 18 years of age or
18older and unless he holds a valid and appropriate safety
19certificate from the Commonwealth or a valid and approved
20certificate issued under the authority of another state or
21Province of Canada. The department shall determine what
22certificates will be approved.

23(b) Operation of an ATV or a modified golf cart by persons
24under eight years of age.--No person under eight years of age
25shall operate an ATV or a modified golf cart upon State-owned
26land.

27(b.1) ATV size restrictions.--An ATV operated in this
28Commonwealth by a person eight or nine years of age shall have
29an engine size of 70cc or less.

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

1of age.--No person under ten years of age shall operate a
2snowmobile upon State-owned land.

3(c) Snowmobile, modified golf cart and ATV safety
4certification.--No person 8 to 15 years of age shall operate an
5ATV or a modified golf cart subject to registration under this 
6chapter, and no person between 10 and 15 years of age shall
7operate a snowmobile in this Commonwealth unless the person
8satisfies one of the following conditions:

9(1) Is under the direct supervision of a certified
10snowmobile, modified golf cart or ATV safety instructor
11during a safety training course.

12(2) Is on land owned or leased by a parent or legal
13guardian.

14(3) Has received safety training as prescribed by the
15department and has received the appropriate safety
16certificate issued by the department.

17(4) Holds an appropriate safety certificate issued under
18the authority of another state or Province of Canada and
19recognized by the department.

20(d) Failure to exhibit certificate.--The failure of such a
21youthful operator to exhibit the appropriate safety certificate,
22upon demand, to any law enforcement officer having authority to
23enforce the provisions of this section shall be presumptive
24evidence that such person is not the holder of such certificate.

25(e) Permitting unauthorized operation.--No owner of a
26snowmobile, a modified golf cart or an ATV shall authorize or
27permit the operation thereof within this Commonwealth by any
28person under 16 years of age unless the person under 16 years of
29age is the holder of a valid and appropriate safety certificate,
30or except as authorized in subsections (b), (b.2) and (c).

1(f) Certification of snowmobile safety instructors.--The
2department may certify snowmobile, modified golf cart or ATV
3safety instructors to act as its agents in conducting classes
4and examinations and issuing snowmobile, modified golf cart or
5ATV safety certificates in its name.

6(g) Operation on snowmobile, modified golf cart and ATV
7roads.--No person under 16 years of age may operate a
8snowmobile, a modified golf cart or an ATV on streets or
9highways designated under section 7722 (relating to designation
10of snowmobile, modified golf cart and ATV roads) as open to
11snowmobile, modified golf cart or ATV and vehicular traffic. A
12person under 16 years of age who holds the appropriate safety
13certificate may operate a snowmobile, a modified golf cart or an
14ATV on roads designated under section 7724(b) (relating to
15operation on private or State property) as open to snowmobile, 
16modified golf cart or ATV and vehicular traffic, provided he is
17under the direct supervision of a person 18 years of age or
18older.

19(h) Snowmobile, modified golf cart and ATV safety program.--
20The department shall implement a comprehensive snowmobile, 
21modified golf cart and ATV information, safety education and 
22training program which shall include the preparation and 
23dissemination of information and safety advice to the public and 
24training of operators. The program shall provide for the 
25training of youthful operators and others who wish to receive 
26training. It shall also provide for the issuance of snowmobile, 
27modified golf cart or ATV safety certificates to those who 
28successfully complete the training provided under the program.

29(i) Cooperation with other organizations.--In implementing a
30program which is established under this section, the department

1shall cooperate with private organizations and associations,
2private and public corporations, the Department of Education and
3local governmental units. The department shall consult with
4snowmobile, modified golf cart, ATV and environmental
5organizations and associations in regard to subject matter of a
6training program that leads to certification of snowmobile, 
7modified golf cart and ATV operators.

8Section 13. Sections 7726, 7727, 7728, 7729, 7730, 7741,
97742, 7743, 7751(b) and (d) and 7752(d) of Title 75 are amended
10to read:

11§ 7726. Operation in safe manner.

12(a) General rule.--No person shall operate a snowmobile, a 
13modified golf cart or an ATV in any of the following ways:

14(1) At a rate of speed that is unreasonable or improper
15under existing conditions or in excess of the maximum limits
16posted for vehicular traffic.

17(2) In any careless way so as to endanger the person or
18property of another.

19(3) While under the influence of alcohol or any
20controlled substance.

21(b) Permitting unsafe operation.--No owner or other person
22having charge or control of a snowmobile, a modified golf cart
23or an ATV shall knowingly authorize or permit the operation of
24the snowmobile, modified golf cart or ATV by any person who is
25incapable to do so by reason of age, physical or mental
26disability, or who is under the influence of alcohol or any
27controlled substance.

28(c) Operation on highways and streets open to snowmobiles, 
29modified golf carts or ATV's and vehicular traffic.--No person
30shall operate a snowmobile, modified golf cart or ATV in any of

1the following ways on highways and streets open to snowmobiles, 
2modified golf carts or ATV's and vehicular traffic:

3(1) Upon the left side of highways or streets, except
4one-way streets, or as specified in paragraph (2).

5(2) Ride two snowmobiles, modified golf carts or ATV's
6abreast. Snowmobiles, modified golf carts and ATV's shall be
7operated in single file except when overtaking another
8vehicle. The driver of any vehicle overtaking another vehicle
9proceeding in the same direction shall pass at a safe
10distance to the left thereof, until safely clear of such
11overtaken vehicle. Nothing in this section shall be construed
12to prohibit a driver overtaking the passing upon the right of
13another vehicle which is making or about to make a left turn.
14The driver of a vehicle shall not drive to the left side of
15the center of a highway in overtaking or passing another
16vehicle proceeding in the same direction, unless the left
17side is clearly visible and is free of oncoming traffic for a
18sufficient distance ahead to permit the overtaking or passing
19to be made in safety.

20(3) Turn to the right or left at an intersection or stop
21or decrease speed at an intersection without signaling as
22stated in this paragraph. The driver shall extend his hand
23and arm from the left side of the vehicle in the following
24manner to indicate as stated:

25(i) Left turn or other vehicle movement toward left,
26hand and arm extended horizontally.

27(ii) Right turn or other vehicle movement toward
28right, left hand and arm extended outward and pointed
29upward from the elbow.

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

1right hand and arm extended upward.

2(4) Disobey any traffic signal or signs placed in
3accordance with this title unless otherwise directed by a
4peace officer.

5(5) Without a securely fastened helmet on the head of an
6individual who operates or is a passenger on a snowmobile or
7ATV or who is being towed or otherwise propelled by a
8snowmobile. The department shall specify the types of helmets
9allowed through rules and regulations.

10§ 7727. Additional limitations on operation.

11Except as otherwise permitted under Title 34 (relating to
12game), no person shall:

13(1) Operate or ride in any snowmobile, modified golf 
14cart or ATV with any bow and arrows or with any firearm in
15his possession unless it is unstrung or unloaded.

16(2) Drive or pursue any game or wildlife with a
17snowmobile, a modified golf cart or an ATV.

18§ 7728. Accidents and accident reports.

19(a) Duty to stop and provide information.--Whenever any
20snowmobile, modified golf cart or ATV is involved in an accident
21resulting in loss of life, personal injury or damage to property
22and the operator thereof has knowledge of such accident, he
23shall stop and give his name and address, the name and address
24of the owner thereof and the registration number of the
25snowmobile, modified golf cart or ATV to the injured person or
26the person sustaining the damage or to a police officer. In case
27no police officer nor the person sustaining the damage is
28present at the place where the damage occurred, then the
29operator shall immediately report, as soon as he is physically
30able, the accident to the nearest law enforcement agency.

1(b) Report of accident to department.--The operator of any
2snowmobile, modified golf cart or ATV involved in any accident
3resulting in injuries to or death of any person or resulting in
4property damage to the estimated amount of $100 or more shall,
5within seven days after such accident, report the matter in
6writing to the department. If the operator is physically
7incapable of making the report and there is another participant
8in the accident not so incapacitated, the participant shall make
9the report within the prescribed period of time after the
10accident. In the event that there is no other participant and
11the operator is other than the owner, then the owner shall
12within the prescribed period of time, after learning of the
13facts of such accident, report the matter to the department,
14together with such information as may have come to his knowledge
15relating to such accident. Every operator or owner of a
16snowmobile, a modified golf cart or an ATV in an accident, or
17surviving participant of any such accident, shall make such
18other and additional reports as the department shall require.

19(c) Report by law enforcement officer.--A law enforcement
20officer who investigates or receives information of an accident
21involving a snowmobile, a modified golf cart or an ATV shall
22make a written report of the investigation or information
23received, and such additional facts relating to the accident as
24may come to his knowledge, and mail the same within 48 hours to
25the department and keep a record thereof in his office.

26(d) Exception.--This section does not apply when property
27damage is sustained in sanctioned snowmobile, modified golf cart
28or ATV races, derbies and rallies.

29§ 7729. Liability of owner for negligence.

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

1snowmobile, a modified golf cart or an ATV is attributable to
2the owner. Every owner of a snowmobile, a modified golf cart or
3an ATV used or operated in this Commonwealth shall be liable and
4responsible for death or injury to person or damage to property
5resulting from negligence in the use or operation of such
6snowmobile, modified golf cart or ATV by any person using or
7operating the snowmobile, modified golf cart or ATV with the
8permission, express or implied, of such owner.

9(b) Exception.--The negligence of the operator shall not be
10attributed to the owner as to any claim or cause of action
11accruing to the operator or his legal representative for such
12injuries or death.

13§ 7730. Liability insurance.

14(a) Requirement.--A snowmobile, modified golf cart or ATV
15for which registration is required under this chapter shall have
16liability insurance coverage for the snowmobile, modified golf 
17cart or ATV issued by an insurance carrier authorized to do
18business in this Commonwealth. This subsection does not apply to
19limited registrations.

20(b) Proof of insurance.--Proof of insurance as required by
21this section shall be produced and displayed by the owner or
22operator of such snowmobile, modified golf cart or ATV upon the
23request of any magistrate or any person having authority to
24enforce the provisions of this chapter or to any person who has
25suffered or claims to have suffered either personal injury or
26property damage as a result of the operation of such snowmobile, 
27modified golf cart or ATV. It shall be an affirmative defense to
28any prosecution for a violation of this section that such proof
29was so produced within 72 hours of receiving notice of such
30violation, injury or damage or the claim of such injury or

1damage.

2(c) Owner's responsibility.--No owner of a snowmobile, 
3modified golf cart or ATV shall operate or permit the same to be
4operated without having in full force and effect liability
5insurance coverage required by this section. The operator of a
6snowmobile, modified golf cart or ATV shall carry proof of
7insurance on his person or on the snowmobile, modified golf cart
8or ATV when it is in operation.

9(d) Penalty.--A person who violates subsection (a) or (c)
10commits a summary offense and shall, upon conviction, be
11sentenced to pay a fine of $300 and costs of prosecution and, in
12default of payment of the fine or costs, shall be imprisoned for
13not more than ten days.

14§ 7741. Head lamps and tail lamps.

15(a) Time of operation.--Every snowmobile, modified golf cart 
16for which registration is required under this chapter or ATV
17operated during hours of darkness shall display a lighted head
18lamp and tail lamp. The lights shall be in operation during the
19period of from one-half hour after sunset to one-half hour
20before sunrise and at any time when, due to insufficient light
21or unfavorable atmospheric conditions caused by fog or
22otherwise, other persons, vehicles and other objects are not
23clearly discernible for a distance of 500 feet ahead.

24(b) Head lamp requirements.--The head lamp shall display
25white light of sufficient illuminating power to reveal any
26person, vehicle or substantial object at a distance of 100 feet
27ahead.

28(1) If the snowmobile, modified golf cart or ATV is
29equipped with a multiple beam head lamp, the upper beam shall
30meet the minimum requirements set forth in this section and

1the lowermost beam shall be so aimed and of sufficient
2intensity to reveal persons and vehicles at a distance of at
3least 50 feet ahead.

4(2) If the snowmobile, modified golf cart or ATV is
5equipped with a single beam head lamp, the lamp shall be so
6aimed that when the vehicle is loaded none of the high
7intensity portion of the light, at a distance of 75 feet
8ahead, projects higher than the level of the center of the
9lamp from which it comes.

10(c) Tail lamp requirements.--The tail lamp shall display a
11red light plainly visible during darkness from a distance of 500
12feet.

13§ 7742. Brakes.

14(a) Snowmobiles.--It is unlawful to operate a snowmobile
15which is not equipped with at least one brake of a design
16approved by the department operated either by hand or by foot,
17capable of bringing the snowmobile to a stop, under normal
18conditions, within 40 feet when traveling at a speed of 20 miles
19per hour with a 150 pound driver and on hard packed snow, or
20locking its traction belt or belts. The design shall permit
21simple and easy adjustment to compensate for wear.

22(b) Modified golf carts and ATV's.--It is unlawful to
23operate a modified golf cart for which registration is required 
24under this chapter or an ATV which is not equipped with a
25braking system which may be operated by hand or foot, capable of
26producing deceleration of 14 feet per second on level ground at
27a speed of 20 miles per hour, and the design must permit simple
28and easy adjustment to compensate for wear.

29§ 7743. Mufflers and noise control.

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

1modified golf cart or an ATV which is not equipped at all times
2with a muffler in good working order which blends the exhaust
3noise into the overall snowmobile, modified golf cart or ATV
4noise and is in constant operation to prevent excessive or
5unusual noise. The exhaust system shall not emit or produce a
6sharp popping or crackling sound. The sound intensity produced
7by a snowmobile shall not exceed 82dbA when measured in
8accordance with SAE Recommended Practice J 192 Exterior Sound
9Level for Snowmobiles, as amended. The department may by
10regulation adopt more stringent noise requirements for
11snowmobiles. The department shall by regulation adopt noise
12requirements for in-use operation of ATV's using measurement
13procedures in accordance with ANSI/SAE Recommended Practice J
141287 March 1982, Measurement of Exhaust Level of Stationary
15Motorcycles. The sound level intensity produced by an ATV shall
16not exceed 99dbA, or decibels, when measured at 20 inches.

17(b) Modified mufflers prohibited.--It is unlawful to modify
18a muffler or to operate a snowmobile, a modified golf cart or an
19ATV with a modified muffler so as to increase the sound level of
20the snowmobile, modified golf cart or ATV above the level
21allowed by this section.

22(c) Exception.--This section does not apply to organized
23races or similar competitive events.

24§ 7751. Enforcement personnel and procedures.

25* * *

26(b) Forms and procedures.--The department may prescribe the
27form of summons or complaint, or both, in all cases involving a
28violation of any provision of this chapter or of any ordinance,
29rule or regulation relating to snowmobiles, modified golf carts
30or ATV's, or of any class or category of such cases, and may

1establish procedures for proper administrative controls over the
2disposition thereof.

3* * *

4(d) Rules and regulations.--The department may promulgate
5such rules and regulations as may be deemed necessary to
6accomplish the purposes and enforce the provisions of this
7section including requirements for reporting by trial courts
8having jurisdiction over snowmobile, modified golf cart and ATV
9violations.

10§ 7752. Penalties for violation of chapter.

11* * *

12(d) Registration.--

13(1) A person who violates section 7711.1 (relating to
14registration of snowmobile, modified golf cart or ATV) or
157711.2 (relating to limited registration of snowmobile, 
16modified golf cart or ATV) by failing to obtain the required
17registration certificate or limited registration certificate
18commits a summary offense and shall, upon conviction, be
19sentenced to pay a fine of $300 or to be imprisoned for 90
20days, or both, and costs of prosecution. Proceedings for a
21summary offense under this paragraph must be commenced within
2260 days after commission of the alleged offense or within 60
23days after discovery of the commission of the offense or the
24identity of the offender, whichever is later.

25(2) A person who violates section 7711.1 or 7711.2 by
26failing to properly display the required registration decal
27or plate commits a summary offense and shall, upon
28conviction, be sentenced to pay a fine of $50 and costs of
29prosecution.

30(3) A person who violates section 7711.1 by failing to

1properly display the required expiration sticker or by
2failing to carry the required registration certificate
3commits a summary offense and shall, upon conviction, be
4sentenced to pay a fine of $50 and costs of prosecution.

5Section 14. This act shall take effect in 60 days.