PRINTER'S NO. 2814
No. 2104 Session of 2001
INTRODUCED BY C. WILLIAMS, BEBKO-JONES, BROWNE, CORRIGAN, CRUZ,
D. EVANS, FRANKEL, HENNESSEY, HORSEY, MANN, MELIO, PALLONE,
SHANER, STEELMAN, E. Z. TAYLOR, WASHINGTON, WATSON,
J. WILLIAMS, G. WRIGHT AND YOUNGBLOOD, OCTOBER 31, 2001
REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 31, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for restraint systems and points
3 for violations.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 1535(a) and 4581 of Title 75 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 1535. Schedule of convictions and points.
9 (a) General rule.--A point system for driver education and
10 control is hereby established which is related to other
11 provisions for use, suspension and revocation of the operating
12 privilege as specified under this title. Every driver licensed
13 in this Commonwealth who is convicted of any of the following
14 offenses shall be assessed points as of the date of violation in
15 accordance with the following schedule:
16 Section Number Offense Points
17 1512 Violation of restriction on
1 driver's license. 2
2 1571 Violation concerning license. 3
3 3102 Failure to obey policeman or
4 authorized person. 2
5 3112(a)(3)(i) or
6 (ii) Failure to stop for a red light. 3
7 3114(a)(1) Failure to stop for a flashing
8 red light. 3
9 3302 Failure to yield half of roadway
10 to oncoming vehicle. 3
11 3303 Improper passing. 3
12 3304 Other improper passing. 3
13 3305 Other improper passing. 3
14 3306(a)(1) Other improper passing. 4
15 3306(a)(2) Other improper passing. 3
16 3306(a)(3) Other improper passing. 3
17 3307 Other improper passing. 3
18 3310 Following too closely. 3
19 3321 Failure to yield to driver on the
20 right at intersection. 3
21 3322 Failure to yield to oncoming
22 driver when making left turn. 3
23 3323(b) Failure to stop for stop sign. 3
24 3323(c) Failure to yield at yield sign. 3
25 3324 Failure to yield when entering or
26 crossing roadway between inter-
27 sections. 3
28 3332 Improper turning around. 3
29 3341(a) Failure to obey signal indicating
30 approach of train. 2
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1 3341(b) Failure to comply with crossing
2 gate or barrier. 4
3 (and 30 days' suspension)
4 3342(b) or (e) Failure to stop
5 at railroad crossings. 4
6 3344 Failure to stop when entering from
7 alley, driveway or building. 3
8 3345(a) Failure to stop for school bus
9 with flashing red lights. 5
10 (and 60 days' suspension)
11 3361 Driving too fast for conditions. 2
12 3362 Exceeding maximum speed.--Over Limit:
13 6-10 2
14 11-15 3
15 16-25 4
16 26-30 5
17 31-over 5
18 (and departmental hearing
19 and sanctions provided
20 under section 1538(d))
21 3365(b) Exceeding special speed limit
22 in school zone. 3
23 3365(c) Exceeding special speed limit
24 for trucks on downgrades. 3
25 3542(a) Failure to yield to pedestrian in
26 crosswalk. 2
27 3547 Failure to yield to pedestrian on
28 sidewalk. 3
29 3549(a) Failure to yield to blind
30 pedestrian. 3
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1 3702 Improper backing. 3
2 3714 Careless driving. 3
3 3745 Leaving scene of accident
4 involving property damage only. 4
5 4581(a)(1) A second or subsequent
6 failure to fasten in child passenger
7 restraint system. 2
8 4581(a)(1.1) A second or subsequent
9 failure to secure child in seat safety
10 belt and in an appropriate child
11 booster seat. 2
12 * * *
13 § 4581. Restraint systems.
14 (a) Occupant protection.--
15 (1) Any person who is operating a passenger car, Class I
16 truck, Class II truck, classic motor vehicle, antique motor
17 vehicle or motor home and who transports a child [under four
18 years of age] who is under four years of age or weighs under
19 40 pounds anywhere in the motor vehicle, including the cargo
20 area, shall fasten such child securely in a child passenger
21 restraint system, as defined in subsection (d). This
22 subsection shall apply to all persons while they are
23 operators of motor vehicles where a seating position is
24 available which is equipped with a seat safety belt or other
25 means to secure the systems or where the seating position was
26 originally equipped with seat safety belts. A second or
27 subsequent violation of this paragraph shall be subject to
28 the assessment of two points under section 1535 (relating to
29 schedule of convictions and points).
30 (1.1) Any person who is operating a passenger car, Class
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1 I truck, Class II truck, classic motor vehicle, antique motor
2 vehicle or motor home and who transports a child four years
3 of age or older but under eight years of age and who weighs
4 at least 40 pounds and less than 80 pounds anywhere in the
5 motor vehicle, including the cargo area, shall fasten such
6 child securely in a fastened safety seat belt system and in
7 an appropriately fitting child booster seat, as defined in
8 subsection (d). This paragraph shall apply to all persons
9 while they are operators of motor vehicles where a seating
10 position is available which is equipped with a seat safety
11 belt or other means to secure the systems or where the
12 seating position was originally equipped with seat safety
13 belts. A second or subsequent violation of this paragraph
14 shall be subject to the assessment of two points under
15 section 1535 (relating to schedule of convictions and
16 points).
17 (2) Except for children [under four years of age] who
18 are under four years of age or who weigh under 40 pounds, and
19 children who are four years of age or older but are under
20 eight years of age and who weigh at least 40 pounds and less
21 than 80 pounds and except as provided in paragraph (1), each
22 driver and front seat occupant of a passenger car, Class I
23 truck, Class II truck or motor home operated in this
24 Commonwealth shall wear a properly adjusted and fastened
25 safety seat belt system. A conviction under this paragraph by
26 State or local law enforcement agencies shall occur only as a
27 secondary action when a driver of a motor vehicle has been
28 convicted of any other provision of this title. The driver of
29 a passenger automobile shall secure or cause to be secured in
30 a properly adjusted and fastened safety seat belt system any
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1 occupant [in the front seat] who is [four] eight years of age
2 or older and less than 18 years of age. This paragraph shall
3 not apply to:
4 (i) A driver or front seat occupant of any vehicle
5 manufactured before July 1, 1966.
6 (ii) A driver or front seat occupant who possesses a
7 written verification from a physician that he is unable
8 to wear a safety seat belt system for physical or medical
9 reasons, or from a psychiatrist or other specialist
10 qualified to make an informed judgment that he is unable
11 to wear a safety seat belt system for psychological
12 reasons.
13 (iii) A rural letter carrier while operating any
14 motor vehicle during the performance of his duties as a
15 United States postal service rural letter carrier only
16 between the first and last delivery points.
17 (iv) A driver who makes frequent stops and is
18 traveling less than 15 miles per hour for the purpose of
19 delivering goods or services while in the performance of
20 his duties and only between the first and last delivery
21 points.
22 A violation of this paragraph shall not be subject to the
23 assessment of any points under section 1535 (relating to
24 schedule of convictions and points).
25 (3) A driver who is under 18 years of age may not
26 operate a motor vehicle in which the number of passengers
27 exceeds the number of available safety seat belts in the
28 vehicle.
29 (b) Offense.--Anyone who fails to comply with the provisions
30 of subsection (a)(1) or (1.1) shall be guilty of a summary
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1 offense with a maximum fine of [$25] $100. The court imposing
2 and collecting any such fines shall transfer the fines thus
3 collected to the State Treasurer for deposit in the Child
4 Passenger Restraint Fund, pursuant to section 4582 (relating to
5 Child Passenger Restraint Fund). Anyone who violates subsection
6 (a)(2) or (3) commits a summary offense and shall, upon
7 conviction, be sentenced to pay a fine of $10. No person shall
8 be convicted of a violation of subsection (a)(2) unless the
9 person is also convicted of another violation of this title
10 which occurred at the same time. No costs as described in 42
11 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for
12 summary conviction of subsection (a)(2) or (3). Conviction under
13 this subsection shall not constitute a moving violation.
14 (c) Waiver of fine.--If a person receives a citation issued
15 by the proper authority for violation of subsection (a)(1) or
16 (1.1), a district justice, magistrate or judge [shall] may
17 dismiss the charges if the person prior to or at his hearing
18 displays evidence of acquisition of a child passenger restraint
19 system to such district justice, magistrate or judge. Sufficient
20 evidence shall include a receipt mailed to the appropriate court
21 officer which evidences purchase, rental, transferal from
22 another child seat owner (evidenced by notarized letter) or
23 bailment from a bona fide loaner program of a child passenger
24 restraint system.
25 (d) Standards.--
26 (1) A child passenger restraint system shall be used as
27 designated by the manufacturer of the system in motor
28 vehicles equipped with seat safety belts and shall meet the
29 Federal Motor Vehicle Safety Standard (49 C.F.R. § 571.213).
30 (2) A child booster seat shall be used as designated by
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1 the manufacturer of the system in motor vehicles equipped
2 with seat safety belts and shall meet the Federal Motor
3 Vehicle Safety Standard (49 CFR § 571.213) that is designed
4 to elevate a child to properly sit in a federally approved
5 safety seat belt system.
6 (e) Civil actions.--In no event shall a violation or alleged
7 violation of this subchapter be used as evidence in a trial of
8 any civil action; nor shall any jury in a civil action be
9 instructed that any conduct did constitute or could be
10 interpreted by them to constitute a violation of this
11 subchapter; nor shall failure to use a child passenger restraint
12 system or safety seat belt system be considered as contributory
13 negligence nor shall failure to use such a system be admissible
14 as evidence in the trial of any civil action; nor shall this
15 subchapter impose any legal obligation upon or impute any civil
16 liability whatsoever to an owner, employer, manufacturer, dealer
17 or person engaged in the business of renting or leasing vehicles
18 to the public to equip a vehicle with a child passenger
19 restraint system or to have such child passenger restraint
20 system available whenever their vehicle may be used to transport
21 a child.
22 (f) Criminal proceedings.--The requirements of this
23 subchapter or evidence of a violation of this subchapter are not
24 admissible as evidence in a criminal proceeding except in a
25 proceeding for a violation of this subchapter. No criminal
26 proceeding for the crime of homicide by vehicle shall be brought
27 on the basis of noncompliance with this subchapter.
28 (g) Exemptions.--Exemptions will be allowed if it is
29 determined, according to the rules and regulations of the
30 department, that the use of a child passenger restraint system
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1 would be impractical for physical reasons including, but not
2 limited to, medical reasons or size of the child.
3 (h) Insurance.--An insurer may not charge an insured who has
4 been convicted of a violation of this section a higher premium
5 for a policy of insurance in whole or in part by reason of that
6 conviction.
7 Section 2. This act shall take effect in 60 days.
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