PRIOR PRINTER'S NOS. 1685, 3218, 3393 PRINTER'S NO. 3572
No. 1510 Session of 1993
INTRODUCED BY BISHOP, CAPPABIANCA, NAILOR, M. N. WRIGHT,
FREEMAN, GIGLIOTTI, HESS, B. SMITH AND E. Z. TAYLOR,
MAY 3, 1993
AS RE-REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 19, 1994
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further specifying when lights and windshield
3 wipers are to be in operation.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 4302 and 4524 heading and (d) of Title <--
7 75 of the Pennsylvania Consolidated Statutes are amended to
8 read:
9 SECTION 1. SECTION 4302 OF TITLE 75 OF THE PENNSYLVANIA <--
10 CONSOLIDATED STATUTES IS AMENDED TO READ:
11 § 4302. Periods for requiring lighted lamps.
12 (a) General rule.--The operator of a vehicle upon a highway
13 shall display the lighted head lamps and other lamps and
14 illuminating devices required under this chapter for different
15 classes of vehicles, subject to exceptions with respect to
16 parked vehicles, at the following times:
17 (1) Between sunset and sunrise.
1 (2) Any time [when,] due to insufficient light or <--
2 unfavorable atmospheric conditions, including rain, snow,
3 sleet, hail, fog, smoke or smog[, persons and vehicles on the <--
4 highway are not clearly discernible to the operator for a
5 distance of 1,000 feet ahead]. <--
6 (3) AT ANY TIME WHEN WINDSHIELD WIPERS ARE IN USE, <--
7 PROVIDED, HOWEVER, THAT THIS PARAGRAPH SHALL NOT APPLY TO
8 INSTANCES WHEN WINDSHIELD WIPERS ARE USED INTERMITTENTLY OR
9 WHEN WINDSHIELD WIPERS ARE USED TEMPORARILY FOR THE PURPOSE
10 OF CLEANING THE WINDSHIELD OR WHEN WINDSHIELD WIPERS ARE USED
11 IN AN AREA WHERE THE SPEED LIMIT IS LESS THAN 55 MILES PER
12 HOUR.
13 (b) Signal lights.--Stop lights, turn signals and other
14 signaling devices shall be lighted as prescribed in this title.
15 (C) OFFENSE.--ANY PERSON VIOLATING SUBSECTION (A)(3) DURING <--
16 THE PERIOD FROM THE EFFECTIVE DATE OF THIS SECTION THROUGH
17 DECEMBER 31, 1995, SHALL ONLY BE GIVEN A WARNING OF THE
18 VIOLATION. THEREAFTER, ANY PERSON VIOLATING SUBSECTION (A)(3)
19 COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
20 SENTENCED TO PAY A MAXIMUM FINE OF $25. COSTS AS DESCRIBED IN 42
21 PA.C.S. § 1725.1 (RELATING TO COSTS) SHALL NOT BE IMPOSED FOR A
22 SUMMARY CONVICTION OF A VIOLATION OF SUBSECTION (A)(3). A
23 VIOLATION OF SUBSECTION (A)(3) SHALL NOT CONSTITUTE A MOVING
24 VIOLATION AND SHALL NOT BE SUBJECT TO THE ASSESSMENT OF ANY
25 POINTS UNDER SECTION 1535 (RELATING TO SCHEDULE OF CONVICTIONS
26 AND POINTS).
27 (D) CIVIL ACTIONS.--IN NO EVENT SHALL A VIOLATION OR ALLEGED
28 VIOLATION OF SUBSECTION (A)(3) BE USED AS EVIDENCE IN A TRIAL OF
29 ANY CIVIL ACTION; NOR SHALL ANY JURY IN A CIVIL ACTION BE
30 INSTRUCTED THAT ANY CONDUCT DID CONSTITUTE OR COULD BE
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1 INTERPRETED BY THEM TO CONSTITUTE A VIOLATION OF SUBSECTION
2 (A)(3); NOR SHALL FAILURE TO USE LIGHTED HEAD LAMPS AND THE
3 WINDSHIELD WIPER SYSTEM AS REQUIRED BY SUBSECTION (A)(3) BE
4 CONSIDERED AS CONTRIBUTORY NEGLIGENCE OR BE ADMISSIBLE AS
5 EVIDENCE IN THE TRIAL OF ANY CIVIL ACTION; NOR SHALL SUBSECTION
6 (A)(3) IMPOSE ANY LEGAL OBLIGATION UPON OR IMPUTE ANY CIVIL
7 LIABILITY WHATSOEVER TO AN OWNER, EMPLOYER, MANUFACTURER, DEALER
8 OR PERSON ENGAGED IN THE BUSINESS OF RENTING OR LEASING VEHICLES
9 TO THE PUBLIC.
10 (E) INSURANCE.--AN INSURER MAY NOT CHARGE AN INSURED WHO HAS
11 BEEN CONVICTED OF A VIOLATION OF SUBSECTION (A)(3) A HIGHER
12 PREMIUM FOR A POLICY OF INSURANCE IN WHOLE OR IN PART BY REASON
13 OF THAT CONVICTION.
14 § 4524. Windshield obstructions [and wipers]. <--
15 * * *
16 [(d) Windshield wiper systems.--The windshield on every
17 motor vehicle other than a motorcycle or special mobile
18 equipment shall be equipped with a wiper system capable of
19 cleaning rain, snow or other moisture from the windshield, and
20 so constructed as to be controlled or operated by the driver of
21 the vehicle.]
22 * * *
23 Section 2. Title 75 is amended by adding a section to read:
24 § 4537. Windshield wiper systems.
25 (a) General rule.--The windshield on every motor vehicle
26 other than a motorcycle or special mobile equipment shall be
27 equipped with a wiper system capable of cleaning rain, snow or
28 other moisture from the windshield, and so constructed as to be
29 controlled or operated by the driver of the vehicle.
30 (b) Periods for requiring wipers.--The operator of a vehicle
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1 upon a highway shall activate the wiper system required under
2 this chapter for different classes of vehicles, subject to
3 exceptions with respect to parked vehicles, any time due to
4 unfavorable atmospheric conditions, including rain, snow, sleet
5 or hail.
6 Section 3 2. This act shall take effect in 60 days. <--
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