PRINTER'S NO. 1716
No. 1350 Session of 1989
INTRODUCED BY SALVATORE, LEMMOND, BELAN, HELFRICK AND LYNCH,
NOVEMBER 20, 1989
REFERRED TO TRANSPORTATION, NOVEMBER 20, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for the operation of vehicles in funeral
3 processions and for the offense of interruption of a funeral
4 procession.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1535(a) of Title 75 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 1535. Schedule of convictions and points.
10 (a) General rule.--A point system for driver education and
11 control is hereby established which is related to other
12 provisions for use, suspension and revocation of the operating
13 privilege as specified under this title. Every driver licensed
14 in this Commonwealth who is convicted of any of the following
15 offenses shall be assessed points as of the date of violation in
16 accordance with the following schedule:
17 Section Number Offense Points
18 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) Failure to stop for a red light. 3
6 3114(a)(1) Failure to stop for a flashing
7 red light. 3
8 3302 Failure to yield half of roadway
9 to oncoming vehicle. 3
10 3303 Improper passing. 3
11 3304 Other improper passing. 3
12 3305 Other improper passing. 3
13 3306(a)(1) Other improper passing. 4
14 3306(a)(2) Other improper passing. 3
15 3306(a)(3) Other improper passing. 3
16 3307 Other improper passing. 3
17 3310 Following too closely. 3
18 3321 Failure to yield to driver on the
19 right at intersection. 3
20 3322 Failure to yield to oncoming
21 driver when making left turn. 3
22 3323(b) Failure to stop for stop sign. 3
23 3323(c) Failure to yield at yield sign. 3
24 3324 Failure to yield when entering or
25 crossing roadway between inter-
26 sections. 3
27 3327 Interruption of funeral procession. 3
28 3332 Improper turning around. 3
29 3341 Failure to stop for flashing red
30 lights or gate at railroad
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1 crossing. 3
2 3344 Failure to stop when entering from
3 alley, driveway or building. 3
4 3345(a) Failure to stop for school bus
5 with flashing red lights. 5
6 (and 60 days suspension)
7 3361 Driving too fast for conditions. 2
8 3362 Exceeding maximum speed.--Over Limit:
9 6-10 2
10 11-15 3
11 16-25 4
12 26-30 5
13 31-over 5
14 (and departmental hearing
15 and sanctions provided
16 under section 1538(d))
17 3365(b) Exceeding special speed limit
18 in school zone. 3
19 3365(c) Exceeding special speed limit
20 for trucks on downgrades. 3
21 3542(a) Failure to yield to pedestrian in
22 crosswalk. 2
23 3547 Failure to yield to pedestrian on
24 sidewalk. 3
25 3549(a) Failure to yield to blind
26 pedestrian. 3
27 3702 Improper backing. 3
28 3714 Reckless driving. 3
29 3745 Leaving scene of accident
30 involving property damage only. 4
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1 * * *
2 Section 2. Title 75 is amended by adding sections to read:
3 § 3107. Operators of vehicles in funeral processions.
4 (a) General rule.--The operator of a vehicle in a funeral
5 procession may proceed past a red signal indication or stop
6 sign, but only after slowing down as may be necessary for safe
7 operation. The privilege granted in this section shall only
8 apply to a funeral procession meeting the following conditions:
9 (1) The operator of the lead vehicle shall be the owner
10 or employee of a licensed funeral establishment.
11 (2) If required by any regulation of the department
12 adopted after the effective date of this section, the lead
13 vehicle shall be equipped with an audible signal and visual
14 signals that meet and are operated in accordance with any
15 requirements and standards adopted by regulation.
16 (3) Funeral flags are to be attached to the vehicles
17 participating from the outset of the funeral procession.
18 (b) Defenses.--
19 (1) It shall be a defense to any prosecution of the
20 operator of a vehicle in a funeral procession, other than a
21 lead vehicle, for the summary offense of proceeding past a
22 red signal indication or a stop sign if the operator
23 establishes that:
24 (i) he proceeded past a red signal or stop sign in
25 reliance upon the act of the lead driver; and
26 (ii) he had reason to believe the lead driver is the
27 owner, employee or agent of a licensed funeral
28 establishment.
29 (2) It shall be a defense to any prosecution of the
30 operator of the lead vehicle in a funeral procession for the
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1 summary offense of proceeding past a red signal or stop sign
2 if the operator establishes that:
3 (i) he was operating the lead vehicle in a funeral
4 procession in his capacity as the owner or employee of a
5 licensed funeral establishment;
6 (ii) if required by any regulation of the department
7 adopted after the effective date of this section, the
8 lead vehicle was equipped with an audible signal and
9 visual signals which were operated in accordance with any
10 regulation of the department; and
11 (iii) funeral flags were attached to the other
12 vehicles participating from the outset of the funeral
13 procession.
14 (c) Construction.--Nothing in this section shall relieve any
15 driver in a funeral procession from prosecution under section
16 3714 (relating to reckless driving) if the conduct of the driver
17 in proceeding past the red signal or stop sign constitutes
18 reckless driving. This section does not relieve the driver of
19 any vehicle in a funeral procession from the duty to drive with
20 due regard for the safety of all persons.
21 (d) Regulations.--The department may promulgate any
22 regulation authorized by this section.
23 § 3327. Interruption of a funeral procession.
24 (a) General rule.--Notwithstanding the fact that the
25 operator of a vehicle may be otherwise entitled to the right-of-
26 way, by virtue of a traffic signal or otherwise, it shall be
27 unlawful for any operator, other than the operator of an
28 emergency vehicle on an active emergency call, to fail to yield
29 the right-of-way to a caravan or motorcade of motor vehicles in
30 a funeral procession in cases where funeral flags are attached
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1 to the vehicles in the procession.
2 (b) Penalty.--A person who violates this section commits a
3 summary offense and shall, upon conviction, be sentenced to pay
4 a fine of $100.
5 Section 3. This act shall take effect as follows:
6 (1) Section 2 (section 3107(d)) shall take effect
7 immediately.
8 (2) The remainder of this act shall take effect in 90
9 days.
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