PRIOR PRINTER'S NO. 1409 PRINTER'S NO. 1708
No. 1096 Session of 2007
INTRODUCED BY GORDNER, RHOADES, EARLL, D. WHITE, TARTAGLIONE,
FOLMER, MUSTO, WONDERLING, BAKER AND FERLO,
SEPTEMBER 21, 2007
SENATOR MADIGAN, TRANSPORTATION, AS AMENDED, JANUARY 29, 2008
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated <--
2 Statutes, further providing for trespass by motor vehicle and
3 for deposit and use of funds in a restricted account for
4 snowmobiles and ATVs.
5 AMENDING TITLE 75 (VEHICLES) OF THE PENNSYLVANIA CONSOLIDATED <--
6 STATUTES, FURTHER PROVIDING, IN SNOWMOBILES AND ALL-TERRAIN
7 VEHICLES, FOR THE DEFINITION OF "ALL-TERRAIN VEHICLE" OR
8 "ATV," FOR OPERATION ON STATE OR PRIVATE PROPERTY AND FOR
9 PENALTIES FOR VIOLATION OF CHAPTER.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 3717(e) of Title 75 of the Pennsylvania <--
13 Consolidated Statutes is amended to read:
14 § 3717. Trespass by motor vehicle.
15 * * *
16 (e) Offense defined.--The following penalties shall apply:
17 (1) A person who violates subsection (b) commits a
18 summary offense and shall, upon conviction, be subject to a
19 fine of $100.
20 (2) A person who violates subsection (c) or (d) commits
21 a summary offense and shall, upon conviction, be subject to
1 the following penalties:
2 (i) A fine of $500 for a first conviction of the
3 offense.
4 (ii) A fine of $1,000 plus suspension of operating
5 privileges for a period of six months for a second or
6 subsequent conviction of the offense. If a person is
7 under 16 years of age at the time of the second or
8 subsequent conviction of an offense, the period of
9 suspension shall commence upon the person's 16th
10 birthday.
11 (3) In addition, restitution shall be made for the value
12 of damage to real or personal property which results from the
13 violation of this section.
14 (4) In addition to any other penalty provided in this
15 section, any person who uses an all-terrain vehicle or ATV as
16 defined in section 7702 (relating to definitions) in
17 violation of this section shall be subject to the following
18 additional penalties:
19 (i) For a first offense, the person shall be
20 sentenced to pay an additional fine of not more than $150
21 and costs of prosecution.
22 (ii) For a second or subsequent offense, the person
23 shall be sentenced to pay an additional fine of not more
24 than $250 and costs of prosecution.
25 Section 2. Section 7706(a) of Title 75 is amended to read:
26 § 7706. Restricted account.
27 (a) Deposit and use of moneys.--
28 (1) The department shall deposit the following into a
29 restricted account, which is hereby established:
30 (i) all moneys received from the registration of and
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1 issuance of certificates of title for snowmobiles and
2 ATV's;
3 (ii) all revenue from the sale of any publications
4 or services relating to snowmobiles and ATV's; and
5 (iii) all fines, penalties, fees and costs assessed
6 and collected as a result of enforcement activities
7 conducted by the department's law enforcement personnel
8 under this chapter.
9 (2) The department shall draw moneys from the restricted
10 account for use in performing any activities necessary to
11 carry out the purposes of this chapter, including
12 registration and certificate of title activities, training,
13 education, enforcement activities, construction and
14 maintenance of snowmobile and ATV trails and acquisition of
15 equipment, supplies and interests in land. All moneys
16 deposited in this account shall remain in it to be used as
17 specified in this section.
18 (3) The provisions of 42 Pa.C.S. § 3573(b)(2) (relating
19 to municipal corporation portion of fines, etc.)
20 notwithstanding, when prosecution under this chapter is the
21 result of local police action, one-half of all fines,
22 penalties, fees and costs assessed as a result of such
23 prosecution shall be payable to the municipal corporation
24 under which the local police are organized. The department
25 shall deposit the remaining moneys into the restricted
26 account established in this section.
27 * * *
28 SECTION 1. THE DEFINITION OF "ALL-TERRAIN VEHICLE" OR "ATV" <--
29 IN SECTION 7702 OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED
30 STATUTES IS AMENDED TO READ:
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1 § 7702. DEFINITIONS.
2 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
3 SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
4 MEANINGS GIVEN TO THEM IN THIS SECTION:
5 "ALL-TERRAIN VEHICLE" OR "ATV." A MOTORIZED OFF-HIGHWAY
6 VEHICLE WHICH TRAVELS ON THREE OR MORE INFLATABLE TIRES AND
7 WHICH HAS:
8 (1) A MAXIMUM WIDTH OF 50 INCHES AND A MAXIMUM DRY
9 WEIGHT OF [800] 1,000 POUNDS; OR
10 (2) A WIDTH WHICH EXCEEDS 50 INCHES OR A DRY WEIGHT
11 WHICH EXCEEDS [800] 1,000 POUNDS.
12 ATV'S DESCRIBED IN PARAGRAPH (1) MAY BE REFERRED TO AS CLASS I
13 ATV'S, AND ATV'S DESCRIBED IN PARAGRAPH (2) MAY BE REFERRED TO
14 AS CLASS II ATV'S. THIS TERM DOES NOT INCLUDE SNOWMOBILES, TRAIL
15 BIKES, MOTORBOATS, GOLF CARTS, AIRCRAFT, DUNE BUGGIES,
16 AUTOMOBILES, CONSTRUCTION MACHINES, TRUCKS OR HOME UTILITY
17 MACHINES; MILITARY, FIRE, EMERGENCY AND LAW ENFORCEMENT
18 VEHICLES; IMPLEMENTS OF HUSBANDRY; MULTIPURPOSE AGRICULTURAL
19 VEHICLES; VEHICLES USED BY THE DEPARTMENT; OR ANY VEHICLE THAT
20 IS OR IS REQUIRED TO BE REGISTERED UNDER CHAPTER 13 (RELATING TO
21 REGISTRATION OF VEHICLES). IN ADDITION, THIS TERM DOES NOT
22 INCLUDE OFF-ROAD MOTOR VEHICLES USED EXCLUSIVELY AS UTILITY
23 VEHICLES FOR AGRICULTURAL OR BUSINESS OPERATIONS AND
24 INCIDENTALLY OPERATED OR MOVED UPON THE HIGHWAY.
25 * * *
26 SECTION 2. SECTIONS 7724 AND 7752 OF TITLE 75 ARE AMENDED TO
27 READ:
28 § 7724. OPERATION ON PRIVATE OR STATE PROPERTY.
29 (A) PRIVATE REAL PROPERTY.--
30 (1) NO PERSON SHALL OPERATE A SNOWMOBILE OR AN ATV ON
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1 PRIVATE REAL PROPERTY WITHOUT THE CONSENT OF THE OWNER
2 THEREOF. ANY PERSON OPERATING A SNOWMOBILE OR AN ATV UPON
3 LANDS OF ANOTHER SHALL STOP AND IDENTIFY HIMSELF UPON THE
4 REQUEST OF THE LANDOWNER OR HIS DULY AUTHORIZED
5 REPRESENTATIVES AND, IF REQUESTED TO DO SO BY THE LANDOWNER,
6 SHALL PROMPTLY REMOVE THE SNOWMOBILE OR ATV FROM THE
7 PREMISES.
8 [(2) WHEN A PERSON OPERATES A SNOWMOBILE OR AN ATV IN A
9 MANNER AS TO VIOLATE SECTION 3717 (RELATING TO TRESPASS BY
10 MOTOR VEHICLE), THE APPLICABLE FINES, PENALTIES AND
11 SUSPENSIONS PROVIDED IN THIS TITLE FOR VIOLATION OF SECTION
12 3717 SHALL APPLY TO THIS SUBSECTION.]
13 (2.1) IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY OR
14 RECKLESSLY CAUSE DAMAGE TO ANY REAL OR PERSONAL PROPERTY BY
15 MEANS OF THE UNAUTHORIZED OPERATION OF AN ATV OR SNOWMOBILE
16 ON PRIVATE REAL PROPERTY. THERE SHALL BE A REBUTTABLE
17 PRESUMPTION THAT A PERSON HAS KNOWINGLY OR RECKLESSLY CAUSED
18 DAMAGE UNDER THIS SUBSECTION WHERE DIGGING, GROUND BREAKAGE
19 OR OTHER DAMAGE TO LAND, SOD OR SOIL OR DAMAGE TO TREES,
20 GROWING CROPS, ORNAMENTAL FLOWERS OR SHRUBS OR OTHER SIMILAR
21 FLORA AFFIXED TO THE LAND OR TO STRUCTURES, FIXTURES OR
22 PERSONAL PROPERTY AFFIXED TO OR LOCATED ON THE PRIVATE REAL
23 PROPERTY HAS RESULTED FROM THE OPERATION OF AN ATV OR
24 SNOWMOBILE ON THE PRIVATE REAL PROPERTY.
25 (2.2) IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY OPERATE
26 AN ATV OR SNOWMOBILE ON CULTIVATED AGRICULTURAL LAND OF
27 ANOTHER WITHOUT THE CONSENT OF THE OWNER OR LESSOR. FOR
28 PURPOSES OF THIS SUBSECTION, THE TERM "CULTIVATED
29 AGRICULTURAL LAND" INCLUDES LAND WHICH IS OR HAS BEEN
30 RECENTLY GROOMED OR PREPARED FOR THE PURPOSE OF PRESENT OR
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1 FUTURE COMMERCIAL OR PRIVATE AGRICULTURAL, SILVICULTURAL,
2 HORTICULTURAL OR FLORICULTURAL PRODUCTION, WHETHER OR NOT THE
3 LAND IS CURRENTLY IN SEED OR SUSTAINING GROWING CROPS. THERE
4 SHALL BE A REBUTTABLE PRESUMPTION THAT A PERSON HAS KNOWINGLY
5 OPERATED A MOTOR VEHICLE ON CULTIVATED AGRICULTURAL LAND
6 EITHER IF THERE ARE AGRICULTURAL CROPS OR RESIDUE FROM THE
7 CROPS VISIBLE ON THE LAND OR IF THE OWNER OR LESSOR OF THE
8 LAND HAS PLACED NEAR THE ROADSIDE BOUNDARIES OF THE PROPERTY
9 VISIBLE SIGNS WHICH WOULD EASILY CONVEY TO THE OPERATOR OF AN
10 ATV OR SNOWMOBILE THAT THE LAND IS CULTIVATED AGRICULTURAL
11 LAND AND THAT OPERATION OF A MOTOR VEHICLE ON IT IS
12 PROHIBITED.
13 (B) STATE PROPERTY.--
14 (1) NO PERSON SHALL OPERATE A SNOWMOBILE OR AN ATV ON
15 STATE-OWNED PROPERTY EXCEPT ON CLEARLY MARKED AND PREVIOUSLY
16 DESIGNATED SNOWMOBILE OR ATV ROUTES OR AS EXPRESSLY PERMITTED
17 BY THE COMMONWEALTH.
18 (2) (I) THE DEPARTMENT MAY DESIGNATE ANY ROAD WITHIN A
19 STATE PARK OR STATE FOREST OVER WHICH THE DEPARTMENT HAS
20 JURISDICTION AS A SNOWMOBILE ROAD OR AN ATV ROAD, OR
21 BOTH, AND MAY, IN ITS DISCRETION, DETERMINE WHETHER THE
22 ROAD SHALL BE CLOSED TO VEHICULAR TRAFFIC OR WHETHER
23 SNOWMOBILES AND ATV'S MAY SHARE THE DESIGNATED ROAD WITH
24 VEHICULAR TRAFFIC. ADEQUATE NOTICES OF SUCH DESIGNATION
25 AND DETERMINATION SHALL BE SUFFICIENTLY AND PROMINENTLY
26 DISPLAYED.
27 (II) NO PERSON SHALL OPERATE A SNOWMOBILE OR ATV ON
28 STATE PARK OR STATE FOREST LAND EXCEPT AS FOLLOWS:
29 (A) A PERSON MAY OPERATE A SNOWMOBILE ON A ROAD,
30 TRAIL OR AREA THAT IS DESIGNATED AND MARKED BY THE
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1 DEPARTMENT AS OPEN FOR SNOWMOBILE USE OR ON WHICH THE
2 PERSON HAS BEEN GIVEN SPECIFIC WRITTEN PERMISSION TO
3 OPERATE THE SNOWMOBILE.
4 (B) A PERSON MAY OPERATE A CLASS I ATV ON A
5 ROAD, TRAIL OR AREA THAT IS DESIGNATED AND MARKED BY
6 THE DEPARTMENT AS OPEN FOR ATV USE OR ON WHICH THE
7 PERSON HAS BEEN GIVEN SPECIFIC WRITTEN PERMISSION TO
8 OPERATE THE ATV.
9 (C) A PERSON MAY OPERATE A CLASS II ATV ON A
10 ROAD, TRAIL OR AREA IF THE PERSON HAS BEEN GIVEN
11 SPECIFIC WRITTEN PERMISSION BY THE DEPARTMENT TO
12 OPERATE A CLASS II ATV ON THE ROAD, TRAIL OR AREA.
13 (C) RESTITUTION.--IN ADDITION TO PENALTIES PROVIDED UNDER
14 SECTION 7752 (RELATING TO PENALTIES FOR VIOLATION OF CHAPTER)
15 ANY PERSON CONVICTED OF A VIOLATION OF THIS SECTION SHALL BE
16 RESPONSIBLE FOR RESTITUTION FOR THE VALUE OF DAMAGE TO REAL OR
17 PERSONAL PROPERTY WHICH RESULTS FROM THE VIOLATION OF THIS
18 SECTION.
19 § 7752. PENALTIES FOR VIOLATION OF CHAPTER.
20 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTIONS (C)
21 [AND (D)], (D), (E) AND (F) AND UNLESS OTHERWISE PROVIDED IN
22 THIS CHAPTER, A PERSON WHO VIOLATES THIS CHAPTER COMMITS A
23 SUMMARY OFFENSE AND SHALL, UPON CONVICTION:
24 (1) FOR A FIRST OFFENSE, BE SENTENCED TO PAY A FINE OF
25 NOT LESS THAN [$50] $75 NOR MORE THAN [$200] $300 AND COSTS
26 OF PROSECUTION AND, IN DEFAULT OF THE PAYMENT OF THE FINE OR
27 COSTS, SHALL BE IMPRISONED FOR NOT MORE THAN TEN DAYS.
28 (2) FOR A SUBSEQUENT OFFENSE, BE SENTENCED TO PAY A FINE
29 OF NOT LESS THAN [$100] $300 NOR MORE THAN [$300] $1,000 AND
30 COSTS OF PROSECUTION AND, IN DEFAULT OF THE PAYMENT OF THE
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1 FINE OR COSTS, SHALL BE IMPRISONED FOR NOT MORE THAN 30 DAYS.
2 (C) UNAUTHORIZED DISPOSITION OF FORMS.--A PERSON WHO
3 DISPOSES OF A SUMMONS OR COMPLAINT ISSUED PURSUANT TO THIS
4 CHAPTER IN A MANNER OTHER THAN THAT PRESCRIBED BY LAW, RULE OR
5 REGULATION COMMITS A MISDEMEANOR OF THE THIRD DEGREE.
6 (D) REGISTRATION.--
7 (1) A PERSON WHO VIOLATES SECTION 7711.1 (RELATING TO
8 REGISTRATION OF SNOWMOBILE OR ATV) OR 7711.2 (RELATING TO
9 LIMITED REGISTRATION OF SNOWMOBILE OR ATV) BY FAILING TO
10 OBTAIN THE REQUIRED REGISTRATION CERTIFICATE OR LIMITED
11 REGISTRATION CERTIFICATE COMMITS A SUMMARY OFFENSE AND SHALL,
12 UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $300 OR TO BE
13 IMPRISONED FOR 90 DAYS, OR BOTH, AND COSTS OF PROSECUTION.
14 PROCEEDINGS FOR A SUMMARY OFFENSE UNDER THIS PARAGRAPH MUST
15 BE COMMENCED WITHIN 60 DAYS AFTER COMMISSION OF THE ALLEGED
16 OFFENSE OR WITHIN 60 DAYS AFTER DISCOVERY OF THE COMMISSION
17 OF THE OFFENSE OR THE IDENTITY OF THE OFFENDER, WHICHEVER IS
18 LATER.
19 (2) A PERSON WHO VIOLATES SECTION 7711.1 OR 7711.2 BY
20 FAILING TO PROPERLY DISPLAY THE REQUIRED REGISTRATION DECAL
21 OR PLATE COMMITS A SUMMARY OFFENSE AND SHALL, UPON
22 CONVICTION, BE SENTENCED TO PAY A FINE OF $50 AND COSTS OF
23 PROSECUTION.
24 (3) A PERSON WHO VIOLATES SECTION 7711.1 BY FAILING TO
25 PROPERLY DISPLAY THE REQUIRED EXPIRATION STICKER OR BY
26 FAILING TO CARRY THE REQUIRED REGISTRATION CERTIFICATE
27 COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
28 SENTENCED TO PAY A FINE OF $50 AND COSTS OF PROSECUTION.
29 (E) TRESPASS AND PROPERTY DAMAGE.--A PERSON WHO VIOLATES
30 SECTION 7724 (RELATING TO OPERATION ON PRIVATE OR STATE
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1 PROPERTY) COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION:
2 (1) FOR A FIRST OFFENSE, BE SENTENCED TO PAY A FINE OF
3 NOT LESS THAN $250 NOR MORE THAN $500 AND COSTS OF
4 PROSECUTION AND, IN DEFAULT OF THE PAYMENT OF THE FINE OR
5 COSTS, SHALL BE IMPRISONED FOR NOT MORE THAN TEN DAYS.
6 (2) FOR A SUBSEQUENT OFFENSE, BE SENTENCED TO PAY A FINE
7 OF NOT LESS THAN $500 NOR MORE THAN $1,000 AND COSTS OF
8 PROSECUTION AND, IN DEFAULT OF THE PAYMENT OF THE FINE OR
9 COSTS, SHALL BE IMPRISONED FOR NOT MORE THAN 30 DAYS.
10 (F) OPERATION IN A SAFE MANNER.--A PERSON WHO VIOLATES
11 SECTION 7726 (RELATING TO OPERATION IN SAFE MANNER) COMMITS A
12 SUMMARY OFFENSE AND SHALL, UPON CONVICTION:
13 (1) FOR A FIRST OFFENSE, BE SENTENCED TO PAY A FINE OF
14 NOT LESS THAN $250 NOR MORE THAN $500 AND COSTS OF
15 PROSECUTION AND, IN DEFAULT OF THE PAYMENT OF THE FINE OR
16 COSTS, SHALL BE IMPRISONED FOR NOT MORE THAN TEN DAYS.
17 (2) FOR A SUBSEQUENT OFFENSE, BE SENTENCED TO PAY A FINE
18 OF NOT LESS THAN $500 NOR MORE THAN $1,000 AND COSTS OF
19 PROSECUTION AND, IN DEFAULT OF THE PAYMENT OF THE FINE OR
20 COSTS, SHALL BE IMPRISONED FOR NOT MORE THAN 30 DAYS.
21 (3) FOR ANY VIOLATION OF SECTION 7726(A)(3), BE
22 SENTENCED TO PAY A FINE OF NOT LESS THAN $1,000 AND COST OF
23 PROSECUTION AND IN DEFAULT OF THE PAYMENT OF THE FINE OR
24 COSTS SHALL BE IMPRISONED FOR NOT MORE THAN 30 DAYS.
25 Section 3. This act shall take effect in 60 days.
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