PRINTER'S NO. 534
No. 490 Session of 1977
INTRODUCED BY A. K. HUTCHINSON, MARCH 7, 1977
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 7, 1977
AN ACT
1 Providing for the registration and regulation of certain off-
2 road vehicles including but not limited to all-terrain
3 vehicles and trail bikes; imposing powers and duties on the
4 Department of Environmental Resources and providing fees and
5 penalties.
6 TABLE OF CONTENTS
7 Section 1. Short title.
8 Section 2. Definitions.
9 Section 3. Registration and fees.
10 Section 4. Dealer registration.
11 Section 5. Vehicle identification number required.
12 Section 6. ORV registration not required.
13 Section 7. Accident reports.
14 Section 8. Liability for negligence.
15 Section 9. ORV special events.
16 Section 10. Operation on highways, roads and trails and
17 designation thereof.
18 Section 11. Certain operations prohibited.
19 Section 12. Operation by persons under age sixteen.
20 Section 13. Required equipment.
1 Section 14. Enforcement, penalties and collection of
2 penalties.
3 Section 15. Disposition of fees and penalties.
4 Section 16. Allocation of funds.
5 Section 17. Promulgation of rules and regulations.
6 Section 18. Effective date.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the "Off-Road
11 Vehicle Act".
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have, unless the context clearly indicates otherwise, the
15 meanings given to them in this section:
16 "All-terrain vehicles." A lightweight motor-driven
17 recreational vehicle using multitrack, multiwheel, or low
18 pressure tires and is capable of cross-country travel without
19 the benefit of road or trail on, in or over land, water, snow,
20 ice, marsh, or other natural terrain but does not include
21 snowmobiles or trail bikes.
22 "Dealer." A person, partnership or corporation engaged in
23 the business of selling ORV's at wholesale or retail for profit
24 and whose place of business is within the Commonwealth. Dealers
25 who sell ORV's designed for dual use, either on or off the road,
26 shall also come under this definition.
27 "Department." The Department of Environmental Resources of
28 this Commonwealth.
29 "Headlight." A device to designate the front of an ORV and
30 is a major lighting device used to provide general illumination
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1 ahead of the vehicle.
2 "Highway." The entire width of the right-of-way of every
3 travelway publicly dedicated or maintained and when any part
4 thereof is open to use by the public for the purposes of motor
5 vehicle travel.
6 "Lands." The same as premises.
7 "Off-road vehicles" herein referred to as ORV. Any vehicle
8 and may, under certain situations, include vehicles registered
9 under the Bureau of Motor Vehicles that are designed and
10 intended for off road use on or over land, water, snow, ice,
11 marsh, or other natural terrain with or without the benefit of
12 road or trail. Examples of the ORV's covered under this act
13 include but are not limited to: all-terrain vehicles, dual-
14 purpose motorcycles, trail bikes, mini bikes or any other motor
15 driven recreational vehicle not exceeding 500 pounds. This
16 definition does not include: snowmobiles, motorboats, golf
17 carts, aircraft, farm, industrial, or forest harvest vehicles,
18 four-wheel drive vehicles of all kinds, dune buggies,
19 automobiles, trucks, construction or military machines, home
20 utility vehicles, or other off-road vehicles not generally used
21 for outdoor recreation.
22 "Operate." To ride in or on and to be in actual physical
23 control of the operation of an ORV with a running engine.
24 "Operator." Any person who is riding in or on and is in
25 actual physical control of an ORV with a running engine.
26 "Owner." Any of the following:
27 (1) A vendee or lessee of an ORV which is subject of an
28 agreement for the conditional sale or lease thereof, with the
29 right of purchase upon performance of the conditions stated
30 in the agreement, and with an immediate right of possession
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1 vested in the conditional vendee or lessee.
2 (2) A person renting an ORV or having exclusive use of
3 an ORV.
4 (3) A person who holds legal ownership of the vehicle.
5 "Person." An individual, partnership, corporation, the
6 Commonwealth, or any of its agencies or subdivisions within, or
7 a body of persons whether incorporated or not.
8 "Premises." Any and all public, military, county, municipal,
9 corporate, or privately owned lands, waters, highways, and any
10 buildings, rights-of-way, fixtures or structures thereon within
11 the Commonwealth.
12 "Road." The same as highway.
13 "Roadway." That portion of a highway which has an improved
14 surface and is ordinarily open for motor vehicle travel by the
15 public.
16 "Secretary." The Secretary of the Department of
17 Environmental Resources of this Commonwealth.
18 "Special event." Any organized rally, race, derby, exhibit
19 or demonstration involving the use of ORV's, and is of limited
20 duration and which is conducted on a predetermined course
21 according to a prearranged schedule. Such events may include but
22 are not limited to: motocross, scrambles, drag races, trials,
23 hillclimbs, enduros, and similar ORV events.
24 "Street." Every highway within the corporate limits of a
25 township, borough, town, or city within the Commonwealth except
26 alleys.
27 "Taillight." A lighting device to designate the rear of an
28 ORV by a red warrant light.
29 "Trail." A narrow linear route on land either natural or
30 man-made that is not maintained for transportation by the
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1 general public.
2 "Trail bike." Any lightweight motor-driven recreational
3 vehicle designed to travel on not more than three wheels and is
4 used for cross-country travel on land with or without the
5 benefit of a road or trail, and includes but is not limited to:
6 dual-purpose motorcycles, trail bikes, mini bikes and other
7 similar wheeled recreational vehicles.
8 Section 3. Registration and fees.
9 Except as hereinafter provided every ORV which is operated in
10 this Commonwealth shall be registered under the provisions of
11 this act.
12 (a) Upon application therefor, a form prescribed and
13 furnished by the department which shall contain a full
14 description of the ORV, the actual bona fide name and address of
15 the owner, proof of ownership and other information that may
16 reasonably be required and which shall be accompanied by the
17 fee, required under the provisions of this act, the secretary
18 shall issue a certificate of registration of the ORV to the
19 owner along with the appropriate decal or registration plate.
20 (b) Fees for registration of ORV's to be collected by the
21 secretary under this act are as follows:
22 (1) A fee of $10 every two years for each individual ORV
23 registration.
24 (2) A fee of $25 annually for each dealer registration.
25 (3) A fee of $3 for replacement of lost, transferred,
26 mutilated or destroyed certificates, decals, or dealer
27 registration plate.
28 (c) The assigned registration decal, numbers and letters
29 shall be securely attached to the vehicle in the following
30 manner and location before the vehicle may be legally operated
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1 in accordance with this act and the letters or numbers shall be
2 furnished by the owner.
3 (1) The number shall be of a color which will contrast
4 with the surface on which applied, shall be reflective and at
5 least three inches high. The ORV decal and registration
6 number shall be placed facing out and plainly visible on each
7 side of the engine cowling.
8 (2) The number shall be of a color which will contrast
9 with the surface on which applied, shall be reflective and at
10 least two inches high. The ORV decal shall be placed on the
11 front fender immediately in front of or between the fork
12 tubes and the registration number shall be placed facing out
13 on each of the lower front fork stanchions.
14 (3) ORV's which have a valid registration with the
15 Bureau of Motor Vehicles shall not be required to have
16 registration numbers on their vehicles; instead, the license
17 plate number shall become the ORV registration number.
18 (d) Operators of ORV's shall carry the certificate of
19 registration with them.
20 (e) The certificate of registration issued for an ORV shall
21 expire and the decal shall become invalid when ownership of the
22 vehicle is transferred. The former owner shall, within 15 days,
23 return to the department the certificate of registration
24 previously assigned to the transferred ORV with the date of
25 sale, name and residence of the new owner endorsed on the back.
26 If the former owner applies for registration and pays the
27 transfer fee he may be issued, in his name, another certificate
28 of registration for an ORV for the remainder of the current
29 registration period without payment of an additional
30 registration fee.
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1 (f) The department shall maintain a central file of the
2 certificates of registration numbers and the name and address of
3 the owner of each ORV registered with the department and such
4 information shall be made available to all recognized law
5 enforcement agencies.
6 (g) The owner of an ORV shall notify the department within
7 15 days if the vehicle is destroyed, abandoned, or transferred
8 to another person or if the owner's address no longer conforms
9 to the address appearing on the certificate of registration. If
10 the vehicle has been destroyed or abandoned, the owner must
11 submit the certificate of registration to the department. The
12 department shall cancel the certificate and enter that fact in
13 its records. Ninety days prior to the expiration date of a
14 certificate of registration the department shall notify the
15 owner of the expiration and enclose an application form for the
16 new registration period. No person under the age of 18 may
17 register an ORV.
18 (h) The secretary may adopt appropriate fees for less than
19 the two year registration period and for out-of-state ORV's used
20 within the Commonwealth.
21 Section 4. Dealer registration.
22 (a) A dealer of ORV's shall register on forms prescribed by
23 the department annually as a dealer. The secretary, upon receipt
24 of the application and required fee, shall assign a dealer
25 registration number to the registrant and issue an appropriate
26 registration certificate to him. The certificate shall be
27 conspicuously displayed by the dealer in his place of business.
28 (b) Dealer certificates of registration are nontransferable.
29 (c) Upon payment of the fee, two ORV registration plates
30 will be issued. No dealer shall operate or permit to be operated
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1 beyond the premises of his property, in an off-road manner, any
2 ORV owner by or under the control of the dealer unless a valid
3 ORV dealer plate furnished by the department is displayed on the
4 vehicle. Dealers may use one dealer plate on any ORV owned and
5 operated by the dealer without having to register under the
6 provisions of section 3. However all other provisions of this
7 act shall apply.
8 (d) A temporary registration for a period not to exceed 45
9 days may be issued to a dealer, pursuant to rules and
10 regulations promulgated by the department.
11 Section 5. Vehicle identification number required.
12 (a) Beginning on January 1, 1979, a manufacturer of an ORV
13 shall stamp into the frame or permanently affix to such ORV's an
14 identification number unique to said vehicle. The number shall
15 be stamped or placed in an area where it may be viewed with
16 minimum effort. The vehicle identification number shall be
17 printed on the certificate of registration issued by the
18 department.
19 (b) Possession of a vehicle with an intentionally defaced or
20 obliterated identification number or attempting to alter, deface
21 or obliterate a vehicle number for illegal purposes shall be a
22 misdemeanor punishable by imprisonment for not more than six
23 months or a fine of not more than $500 or both. The owner of a
24 specially assembled, constructed, or reconstructed ORV may make
25 application, with a fee of $3, for a vehicle identification
26 number if that vehicle does not have one.
27 Section 6. ORV registration not required.
28 Registration of ORV's shall be required for all but the
29 following:
30 (1) Off-road vehicles owned and used by the United
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1 States, the Commonwealth or another state or municipality
2 therein. Such ORV's shall display the name of the owner on the
3 vehicle where it is plainly visible.
4 (2) Off-road vehicles owned by nonresidents but operated
5 in this State and covered by a valid ORV registration or
6 motor vehicle license of another state or country. However,
7 when such out-of-state ORV's are operated in this State, they
8 shall conform and comply with sections: 7, 8, 10, 11, 13, and
9 14 of this act.
10 (3) ORV's owned by duly incorporated volunteer
11 organizations used exclusively for emergency purposes, upon
12 application thereof, provided however that such an ORV shall
13 display the proper decal and registration number for it and
14 shall display the name of the owner in a manner prescribed by
15 the secretary.
16 (4) Off-road vehicles which are registered and licensed
17 under the Bureau of Motor Vehicles and operated exclusively
18 on the highways and streets of this State. However, when such
19 ORV's are used in an off-road manner other than special
20 events, they shall be required to be registered under the
21 provisions of this act. Such vehicles which are registered
22 with the Bureau of Motor Vehicles of this State will be
23 required to have only a valid decal and certificate which
24 will bear the owner's license plate number. The license plate
25 number shall be the ORV registration number.
26 (5) Off-road vehicles used exclusively for safety
27 training or special events. However, when such competition
28 ORV's are used for recreational riding in a noncompetitive
29 off-road manner, they shall be required to become registered
30 under this act and comply with all the provisions thereof.
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1 (6) Off-road vehicles operated exclusively on the
2 premises owned by the operator or the owner by the ORV. Such
3 ORV's shall comply with the other provisions of this act.
4 (7) The secretary may make further exemptions if deemed
5 appropriate by the ORV Advisory Committee.
6 Section 7. Accident reports.
7 (a) The operator of any ORV involved in an accident
8 resulting in injuries that require medical attention, death of
9 any person, or damage to another person's property in excess of
10 an estimated amount of $200 shall, within seven days after such
11 accident or within three days if death occurs, report the matter
12 in writing to the department. If said operator is physically
13 incapable of making such a report and there is another
14 participant in the accident not so incapacitated, said
15 participant shall make the report within the allotted time for
16 such accident. In the event that there is no other participant
17 and the operator is other than the owner, the owner shall,
18 within the prescribed period of time after learning of the facts
19 of the accident, report the matter to the department together
20 with any information that may have come to his knowledge
21 relating to said accident. Every such operator of an ORV or
22 surviving participant of any such accident, or the owner of the
23 ORV involved in any such accident, shall file additional reports
24 as required by the department. The provisions of this section
25 shall not apply when property damage or injury other than death
26 is sustained in a special event.
27 (b) Whenever any ORV meets with an accident involving a loss
28 of life, injury or damage to the property of another in excess
29 of $200, and the operator thereof has knowledge of said
30 accident, he shall stop and give his name and address, the name
19770H0490B0534 - 10 -
1 and address of the owner of the ORV and the registration number
2 of the ORV to the injured person or the person sustaining the
3 damage, or to a police officer, or in the case neither the
4 police officer nor the persons sustaining the damage is present
5 at the place where the damage occurred, then he shall
6 immediately report the same, as soon as physically able, to the
7 nearest law enforcement agency.
8 (c) A law enforcement officer who investigates or receives
9 information of an accident involving an ORV shall make a written
10 report of the investigation or information received, and such
11 additional facts relating to the accident as may come to his
12 knowledge and mail same within seven days to the department and
13 keep a record thereof in his office for at least one year. The
14 department shall be responsible for the promulgation, amending
15 and reporting of regulations governing ORV accidents, their
16 investigation and reporting.
17 Section 8. Liability for negligence.
18 Negligence in the use or operation of an ORV is attributable
19 to the owner, and:
20 (1) Every owner of an ORV used or operated in this State
21 shall be liable and responsible for the death or injury to a
22 person or damage to the property of another, as outlined in
23 section 7 in the use or operation of such ORV by any person
24 using or operating the same with the express permission of
25 such owner; provided, however, that such operator's
26 negligence shall not be attributed to the owner as to any
27 claim or cause of action accruing to the operator or his
28 legal representative for such injuries or death.
29 (2) No landowner, lessee or occupant of premises, except
30 where a fee is charged, owes any duty to an ORV owner or
19770H0490B0534 - 11 -
1 operator to keep said premises safe for the entry or use by
2 ORV's and furthermore gives no implied assurance to the ORV
3 owner or operator, through the act of giving permission to
4 enter upon, that the premises are safe for entry or use.
5 Furthermore, no landowner, lessee or occupant of premises
6 assumes responsibility for or incurs liability for any injury
7 or property loss sustained by ORV owners or operators
8 resulting from the operation of ORV's on his premises whether
9 or not implied or express permission for such operation has
10 been granted. However, if injury or property damage is
11 sustained by an ORV owner or operator and such injury or
12 property damage can be proven to be the result of a
13 deliberate attempt by the landowner, lessee or occupant to
14 inflict injury or property damage on the ORV owner or
15 operator, then such incidents shall come under Title 18 of
16 the Pennsylvania Consolidated Statutes (relating to Crimes
17 and Offenses).
18 Section 9. ORV special events.
19 (a) Any political subdivision of this State may block off
20 the streets or highways in that municipality for the purpose of
21 allowing ORV special events. However, the political subdivision
22 shall not be held responsible for any injury suffered by anyone
23 in connection with or arising out of any special events, unless
24 the injury or damage is caused by the gross negligence of the
25 political subdivision. No State, arterial or collector highway
26 or street shall be blocked off for any ORV special events
27 without the permission of the Department of Transportation.
28 (b) Every political subdivision shall notify the local
29 police department or the county sheriff's office at least one
30 week in advance of the time and place of any ORV special event
19770H0490B0534 - 12 -
1 which will result in any street or part thereof or any highway
2 to be blocked off within that political subdivision. Upon such
3 notice the local police agencies shall take such measures as it
4 deems appropriate to protect persons and property and to
5 regulate traffic in the designated area and it's vicinity on the
6 day of such events.
7 Section 10. Operation on highways, roads and trails and
8 designation thereof.
9 (a) Except as otherwise provided in this act it shall be
10 unlawful to operate an ORV on any street or highway which is not
11 designated and posted as an ORV road or a joint-use highway by
12 the governmental agency or municipality having jurisdiction.
13 This provision does not apply to ORV's which are licensed with
14 the Bureau of Motor Vehicles.
15 (b) When operation on the roadway of a highway is permitted
16 by any section of this act, ORV's shall be operated in a single
17 filed, except in overtaking another vehicle, and shall travel on
18 the right side of the roadway in the same direction as the flow
19 of traffic and shall observe all the rules of the road.
20 Furthermore, ORV's may be:
21 (1) Operated on highways and streets for special events
22 of limited duration which are conducted according to a
23 prearranged schedule in accordance to section 9.
24 (2) Operated on highways or streets during periods of
25 emergency when so declared by the agency or municipality
26 having jurisdiction.
27 (3) Operated on highways and streets for short distances
28 when necessary to cross a bridge or other dangerous or
29 impassable obstruction. Such operation shall occur between
30 the roadway shoulder and the right-of-way line of the
19770H0490B0534 - 13 -
1 highway.
2 (c) Agencies within or of this Commonwealth and all
3 political subdivisions within may close any highway, street or
4 part thereof, if under their jurisdiction, except controlled
5 access highways, to other motor vehicles and permit either all
6 kinds of properly registered and equipped ORV's or specific
7 kinds of properly registered and equipped ORV's to use these
8 roads provided that adequate notices are displayed in accordance
9 with traffic safety regulations.
10 (d) Agencies within or of this Commonwealth and all
11 political subdivisions therein may designate any highway or part
12 of a highway or publicly maintained road under their
13 jurisdiction as a joint-use highway which will be open for use
14 to both motor vehicles and either all kinds of properly
15 registered and equipped ORV's or special kinds or properly
16 registered and equipped ORV's provided that adequate notices are
17 displayed in accordance with traffic safety regulations.
18 Operators of ORV's used on joint-use highways shall have in
19 their possession either a valid motor vehicle operators license
20 issued by the Department of Transportation or a similar valid
21 license issued by another state or country and shall observe all
22 the rules of the road. Drivers licenses are not required when
23 the road is closed for a special event.
24 (e) The department shall have the authority to designate any
25 roads, trails or areas within lands over which the department
26 has jurisdiction as ORV roads, ORV trails, or ORV use areas. The
27 department may also designate what type of ORV shall be used on
28 such roads or trails. In addition, the department may determine
29 whether the road or trail shall be closed to other vehicular or
30 pedestrian traffic or whether such road or trail may be used
19770H0490B0534 - 14 -
1 jointly. The department shall post adequate signs or notices at
2 appropriate locations along such designated roads or trails.
3 (f) No person shall operate an ORV not licensed with the
4 Bureau of Motor Vehicles upon any roadway or cross any roadway
5 except as provided under this section, and then only after
6 stopping and yielding the right-of-way to all vehicles
7 approaching. An ORV may make a direct crossing of a street or
8 two-lane highway provided:
9 (1) The crossing is made at an angle of approximately 90
10 degrees to the direction of the roadway and at a place where
11 no obstruction prevents a quick and safe crossing.
12 (2) The ORV is brought to a complete stop before
13 crossing the roadway.
14 (3) The operator yields the right-of-way to all oncoming
15 traffic which constitutes an immediate hazard.
16 Section 11. Certain operations prohibited.
17 No person shall operate an ORV in any of the following ways:
18 (1) In a reckless manner that would endanger the life
19 and property of another person or at an unreasonable rate of
20 speed that will render the vehicle out of control under
21 existing conditions. This provision does not apply to ORV
22 special events that are held off public roads.
23 (2) While under the influence of intoxicating liquor,
24 fermented malt beverages, narcotics, barbital or derivative
25 of barbital or other controlled substances. Furthermore, no
26 owner or other person having charge or control of an ORV
27 shall knowingly authorize or permit any person to operate an
28 ORV who is incapable, by reason of age, physical or mental
29 disability, or who is under the influence of intoxicating
30 liquor or drugs.
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1 (3) Without the required equipment as provided under
2 section 13.
3 (4) On private premises, without permission as defined
4 by the provisions of this State's trespass statutes. Any
5 person operating an ORV upon the lands of another shall stop
6 and identify himself upon the request of the landowner, or
7 his duly authorized representative, and if requested to do
8 so, shall promptly remove said vehicle from the premises.
9 (5) On or across a known cemetery or burial ground.
10 (6) In any forest nursery, planting area, or certain
11 portions of public lands, so posted or reasonably identified
12 as an area closed to ORV use.
13 (7) On State-owned lands except in accordance with
14 regulations governing ORV use on State-owned lands.
15 (8) On lands within 100 feet of an inhabited dwelling
16 between the hours of 9 p.m. and 7 a.m., except as an invitee
17 or licensee of the owner or his representatives.
18 (9) Except as otherwise permitted under the Game Laws,
19 no person shall operate an ORV with a loaded firearm in his
20 possession. Furthermore, no person shall intentionally drive
21 or pursue any domesticated animals, except as permitted by
22 the animal's owner, or intentionally drive or pursue any
23 wildlife with an ORV.
24 Section 12. Operation by persons under age sixteen.
25 (a) Except as provided in this act, no person 10 years or
26 older who has not reached his 16th birthday shall operate an ORV
27 in this Commonwealth until he or she has received safety
28 training as prescribed by the department and has received the
29 appropriate ORV safety certificate.
30 (b) No person who does not possess a valid safety
19770H0490B0534 - 16 -
1 certificate and is under the age of 16 years shall operate an
2 ORV across a public roadway unless he is under the direct
3 supervision of a person 16 years of age or over who holds a
4 valid ORV safety certificate from this State or another state or
5 is under the direct supervision of a certified ORV instructor or
6 a parent.
7 (c) No person under the age of 16 years who does not possess
8 a valid ORV safety certificate shall operate an ORV, except upon
9 the lands of his parents, immediate relatives, or legal
10 guardian, unless he is accompanied by a parent or a person at
11 least 16 years of age who holds the appropriate ORV safety
12 certificate of this or another state. Operators of ORV's in
13 special events are exempt from the requirements of this section.
14 (d) After April 1, 1979, no owner of an ORV shall knowingly
15 authorize or permit the operation thereof within the State by
16 any person under the age of 16 years of age unless the operator
17 is the holder of a valid and appropriate ORV safety certificate,
18 or as permitted by this section.
19 (e) The department may certify ORV safety instructors to act
20 as it's agents in conducting classes and examinations and
21 issuing ORV safety certificates.
22 (f) No person under the age of 16 may operate an ORV on
23 joint-use highways as described in section 10(d).
24 (g) The department shall implement a comprehensive ORV
25 information safety education and training program which will
26 include the dissemination of information about this act, safety
27 advice to the public and location of ORV facilities. The safety
28 program shall provide for the training of youthful operators and
29 for the issuance of ORV safety certificates to those who
30 successfully complete the required safety course. The department
19770H0490B0534 - 17 -
1 may also develop a safety instructor program to train or select
2 the needed instructors to implement the safety courses for
3 youthful operators.
4 (h) In implementing a safety program established pursuant to
5 this section, the department shall cooperate with private
6 organizations and associations, private and public corporations,
7 the Department of Education, and local governmental units or
8 agencies. The department shall also consult with the ORV
9 Advisory Committee in regard to subject matter and requirements
10 of a training program that leads to the certification of ORV
11 operators and safety instructors.
12 (i) Duplicate ORV safety certificates shall be issued by the
13 secretary upon application and payment of a fee of $2.
14 Section 13. Required equipment.
15 (a) Headlights and taillights.--
16 (1) Every ORV operated during the hours of darkness
17 shall display a lighted headlight and taillight. These lights
18 shall be in operation during the period from one-half hour
19 after sunset to one-half hour before sunrise and at any time
20 when, due to insufficient light or unfavorable atmospheric
21 conditions caused by fog or otherwise, vehicles and other
22 objects are not clearly discernible for a distance of 500
23 feet ahead.
24 (2) The headlight shall display a white light of
25 sufficient illuminating power to reveal any person, vehicle
26 or large object at a distance 200 feet ahead.
27 (3) If the ORV is equipped with a multiple beam
28 headlight, the upper beam shall meet the minimum requirements
29 set forth in paragraph (2), and the lower most beam shall be
30 so aimed and of sufficient intensity to reveal persons,
19770H0490B0534 - 18 -
1 vehicles or objects at a distance of at least 150 feet ahead.
2 (4) The taillight of an ORV must display a red light
3 plainly visible during the hours of darkness from a distance
4 of 500 feet.
5 (b) Brakes.--
6 It shall be unlawful to operate an ORV unless equipped with a
7 braking system which may be operated by hand or foot, capable of
8 producing deceleration of 14 feet per second on level ground at
9 a speed of 20 miles per hour, and the design must permit simple
10 and easy adjustment to compensate for wear.
11 (c) Mufflers.--
12 (1) It shall be unlawful to operate an ORV which is not
13 equipped at all times with a muffler in good working order
14 which blends the exhaust noise into the overall vehicle noise
15 and is in constant operation to prevent excessive noise, as
16 defined by this section.
17 (2) It shall be unlawful to operate an ORV with a
18 replacement or modified exhaust system which will increase
19 the exhaust noise level emitted beyond the levels of the
20 manufacturer's original exhaust equipment for that model.
21 Furthermore, it shall be unlawful for any dealer to sell,
22 offer for sale, or provide to the public any ORV exhaust
23 system or part thereof such as a silencer which will increase
24 the noise level emitted over the manufacturer's original
25 exhaust equipment. This subsection shall not bar dealers from
26 selling accessory exhaust systems which do not exceed the
27 manufacturer's original exhaust equipment noise levels. Any
28 dealer or ORV owner who modifies an ORV in a manner so as to
29 increase the noise level beyond the levels permitted by this
30 act, shall be guilty of a misdemeanor and shall, upon
19770H0490B0534 - 19 -
1 conviction for each offense, be sentenced to pay a fine of
2 not less than $50 or more than $100 and the costs of
3 prosecution.
4 (3) After January 1, 1978, ORV's shall not be sold or
5 offered for sale by any manufacturer, distributor or dealer
6 in the State unless those ORV's are muffled so as to limit
7 total vehicle sound to not more than 86 dB(a) and after
8 January 1, 1980, 82 dB(A) as measured in accordance with SAE
9 Recommended Practice J-331 as amended. ORV's shall, at all
10 times, be equipped with a United States Department of
11 Agriculture Forest Service approved spark arrestor type
12 muffler in place and in good working order.
13 (4) The secretary may adopt more or less stringent noise
14 requirements, provided they are not more stringent than the
15 ORV noise regulations set forth by the United States
16 Environmental Protection Agency and with the approval of the
17 Advisory Committee.
18 (5) This section does not apply to special events and
19 the ORV's used therein except when such events are held on
20 public lands. However, when a competition ORV is operated for
21 any off-road purpose other than a special event, those ORV's
22 shall conform to the provisions of this act.
23 Section 14. Enforcement, penalties and collection of
24 penalties.
25 (a) Every law enforcement officer in the State and
26 designated officers or employees of the department shall enforce
27 this act.
28 (b) The secretary shall be authorized to prescribe the form
29 of summons and/or complaint in all cases involving a violation
30 of any section of this act or of any ordinance, rule or
19770H0490B0534 - 20 -
1 regulation relating to ORV's or of any class or category of such
2 cases, and to establish procedures for proper administrative
3 controls over the disposition thereof.
4 (c) Municipalities and counties may regulate ORV's and ORV
5 operation only on lands and highways under their ownership,
6 provided such regulation is not contrary to the provisions of
7 this act. No political subdivision of this State may adopt an
8 ORV ordinance which imposes a fee or license, operator
9 requirements, or imposes or specifies equipment or noise levels.
10 Municipalities and counties may regulate use of ORV's except as
11 herein provided, on lands and trails which are funded through
12 the department as outlined under section 16.
13 (d) The chief executive officer of each local police force
14 including county, municipal and the Commissioner of the State
15 Police, shall prepare or cause to prepared such records and
16 reports as may be prescribed hereunder.
17 (e) The secretary shall have the power to adopt such rules
18 and regulations, consistent with the provisions of this act,
19 that may be deemed necessary to accomplish the purposes and
20 enforce the provisions of this section including requirements
21 for reporting by trial courts having jurisdiction over ORV
22 violations.
23 (f) Any person who disposes of any uniform ORV summons
24 and/or complaint in any other manner than that prescribed by
25 law, rule or regulation shall be guilty of a misdemeanor.
26 (g) None of the provisions of this act shall apply to duly
27 constituted law enforcement officers while in the performance of
28 their official duties.
29 (h) Any person violating any of the other provisions of this
30 act shall, upon summary conviction for a first offense, be
19770H0490B0534 - 21 -
1 sentenced to pay a fine of not less than $25 or more than $50
2 and the costs of prosecution. In default of the payment thereof,
3 said person shall undergo imprisonment for not more than five
4 days and, for every offense thereafter, shall be made to pay a
5 fine of not less than $50, not to exceed $100 and the costs of
6 prosecution; and, in default of the payment thereof, shall
7 undergo imprisonment for not more than ten days. The department
8 may for cause suspend or revoke the ORV registration for a
9 period of one year.
10 (i) An action to recover any penalty imposed under the
11 provisions of this act may be brought in any court of competent
12 jurisdiction in this State on order of the secretary and in the
13 name of the people of the Commonwealth of Pennsylvania. In any
14 such action, all penalties incurred up to the time of commencing
15 the action may be sued for and recovered therein and the
16 commencement of an action to recover any such penalty shall not
17 be, or be held to be, a waiver of the right to recover any other
18 penalty. In case of recovery of any amount in an action brought
19 to recover any such penalty, the people shall be entitled to
20 recover full costs at the rates provided for under civil
21 actions.
22 (j) No person shall be excused from testifying or producing
23 any books, papers or other documents in any civil action to
24 recover any such penalty, upon the grounds that his testimony
25 might tend to convict him of a crime, or to subject him to a
26 penalty or forfeiture, but, no person shall be prosecuted,
27 punished or subjected to any penalty or forfeiture for or on
28 account of any such act, transaction, matter or thing concerning
29 which he shall, under oath, have testified or produced
30 documentary evidence and no testimony so given or produced shall
19770H0490B0534 - 22 -
1 be received against him upon any criminal investigation or
2 proceeding; provided, however, that no person so testifying
3 shall be exempt from prosecution or punishment for any perjury
4 committed by him in his testimony. Nothing herein contained is
5 intended to give, or shall be construed as in any manner giving
6 unto any corporation immunity of any kind.
7 (k) A defendant charged with a violation of any provision of
8 this act may himself plead guilty to the charge in open court.
9 He may also submit to the judge having jurisdiction, in person,
10 by duly authorized agent or by registered mail, a statement:
11 (1) that he waives arraignment in open court and the aid
12 of counsel;
13 (2) that he pleads guilty to the offense as charged;
14 (3) that he elects and requests that the charge be
15 disposed of and the fine or penalty be fixed by the court;
16 (4) any explanation that he desired to make concerning
17 the offense charged; and
18 (5) that he makes all statements under penalty of
19 perjury.
20 Thereupon, the judge may proceed as though the defendant had
21 been convicted upon a plea of guilty in open court; provided,
22 however, that any imposition of fine or penalty hereunder shall
23 be deemed tentative until such fine or penalty shall have been
24 paid and discharged in full. If, upon receipt of the
25 aforementioned statement, the judge shall deny the same, he
26 shall thereupon notify the defendant of this fact and that he is
27 required to appear before the said judge at a stated time and
28 place to answer the charge which shall thereafter be disposed of
29 pursuant to the applicable provisions of law.
30 (l) The court or justice before whom any person shall be
19770H0490B0534 - 23 -
1 tried, or the clerk of the court, shall, at the termination of
2 such trial or proceeding, forthwith mail or deliver to the
3 department at Harrisburg, a certified statement of the
4 disposition of the case or proceeding, giving the date thereof,
5 the name of the defendant, the date and place of the violation,
6 the name of each witness sworn in support of the charges and the
7 amount of the fine or penalty paid.
8 (m) The provisions of this section shall in no way prohibit
9 the prosecution of violations of this act in any court of
10 competent jurisdiction in the same manner as other offenses and
11 crimes.
12 Section 15. Disposition of fees and penalties.
13 (a) On the first day of each month or within ten days
14 thereafter, all fines and penalties collected for violations of
15 this act shall be paid over to the secretary, with statement
16 accompanying the same, setting forth the action or proceedings
17 in which such moneys were collected, the name and residence of
18 the defendant, the nature of the offense, and the fines or
19 penalties imposed.
20 (b) The secretary shall receive every six months from the
21 Department of Transportation that portion of the Motor License
22 Fund determined to be the tax on fuel used and purchased for
23 providing the power to the ORV's covered under this act, which
24 shall not exceed 1% of the annual amount of the total fuel taxes
25 collected for the Motor License Fund.
26 (c) All moneys received by the secretary from Federal or
27 State grants, moneys from the Motor License Fund, the
28 registration of ORV's and ORV dealers, the sale of registration
29 information, publications or any other services provided by the
30 department, all fines and penalties resulting from violations of
19770H0490B0534 - 24 -
1 this act and all fees collected by him under this act shall be
2 deposited into the ORV Restricted Receipts Fund, which fund is
3 hereby created. Said ORV Restricted Receipts Fund shall be
4 audited three years from the effective date of this act and at
5 two year intervals thereafter; and, if any unallocated revenue
6 appears in said ORV Fund at the end of each auditing period
7 other than an amount caused by intragovernmental or legal
8 delays, it may be deposited in the General Fund.
9 Section 16. Allocation of funds.
10 (a) The secretary, consistent with the provisions of this
11 act, shall determine how money in the ORV Restricted Receipts
12 Fund may be spent.
13 (b) The secretary shall draw money from the ORV Fund for use
14 in administering the registration provisions and safety
15 education provisions of this act. Needed personnel to administer
16 this act, equipment and supplies, shall be paid for with moneys
17 from this ORV Fund. The department shall also employ a qualified
18 ORV planner whose duty it will be to plan ORV facilities and
19 coordinate ORV planning techniques and policies between the
20 various State and Federal land managing agencies and
21 municipalities within the Commonwealth.
22 (c) The secretary shall allocate the remaining funds from
23 the ORV Fund to the land managing agencies in the Commonwealth
24 for the following uses.
25 (1) Enforcement of this act.
26 (2) Purchase or leasing of lands and trail rights-of-way
27 for ORV use.
28 (3) The planning, construction, signing and maintenance
29 or repair of ORV trails or ORV use areas.
30 (d) No land managing agency, county or municipality in the
19770H0490B0534 - 25 -
1 Commonwealth shall receive funds for ORV enforcement only. Such
2 agencies or municipalities and counties applying for funds under
3 this act shall provide suitable and adequate trails or riding
4 areas as defined under subsection (c)(2) and (3) subject to the
5 approval of the department. of the department.
6 (e) The secretary may allocate funds or grants under
7 procedure and application provided by the department to any
8 municipality, county or private land managing agency in this
9 State for the purposes described under subsection (c)(2) and
10 (3). Furthermore, the secretary may enter into funding or
11 cooperative agreements with the land managing agencies of the
12 Federal Government within the Commonwealth, for the purposes
13 described under subsection (c)(2) and (3).
14 (f) Nothing in this act shall be construed as to allow the
15 use of moneys from the ORV Restricted Receipts Fund for the
16 leasing, purchases or maintenance of lands, trails or facilities
17 other than those intended for ORV use. Furthermore, no funds
18 shall be used for trail, highway or land maintenance where
19 damage has been caused by vehicles other than the ORV's covered
20 under this act.
21 (g) The department may enter into agreements with the
22 Federal or State Government to obtain funds or grants from the
23 various Federal or State agencies and funding sources for the
24 purposes outlined under this section.
25 Section 17. Promulgation of rules and regulations.
26 (a) The secretary shall have the power to propose policies,
27 rules and regulations as may be necessary to carry out the
28 provisions of this act. Such policies, rules and regulations as
29 proposed by the secretary shall be reviewed for approval,
30 amendment or rejection by the ORV Advisory Committee. Said
19770H0490B0534 - 26 -
1 committee shall be formed within two months of the effective
2 date of this act.
3 (b) The ORV Advisory Committee shall be comprised of one
4 member or officer or employee of the following agencies and
5 organizations: Bureau of Forestry, Bureau of Parks, Game
6 Commission, Pennsylvania Trail Riders Association, Pennsylvania
7 Motorcycle Dealers Association, Bureau of Outdoor Recreation,
8 Districts 5 and 6 of the American Motorcycle Association, and a
9 representative of the all-terrain vehicle interests. The ORV
10 Advisory Committee shall elect its own officers and chairman and
11 devise rules as may be needed for the committee's continuous
12 function. The committee shall meet at least four times a year to
13 review policies, rules and regulations or to propose new
14 policies, rules and regulations which shall be reviewed by the
15 secretary for approval or rejection. When such regulations,
16 policies or rules as deemed necessary to carry out the
17 provisions of this act are reviewed and approved by both the
18 secretary and the ORV Advisory Committee, they may be adopted by
19 the department and shall have the full force and effect of law.
20 (c) No other State governmental agency shall formulate ORV
21 rules or regulations which are contrary to the provisions of
22 this act, and no State governmental agency shall adopt a
23 regulation which will impose fees or a license, operational
24 requirements, or ORV noise levels. Any proposed ORV regulation
25 being considered by another State agency shall be reviewed for
26 comment by the ORV Advisory Committee.
27 Section 18. Effective date.
28 This act shall take effect immediately. Enforcement of
29 registration of all ORV's and ORV dealers will commence six
30 months after the effective date of this act.
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