PRINTER'S NO. 2092
No. 1475 Session of 2002
INTRODUCED BY D. WHITE (BY REQUEST), JUNE 17, 2002
REFERRED TO TRANSPORTATION, JUNE 17, 2002
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for registration and licensing of
3 bicycles.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 102 of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended by adding definitions to read:
8 § 102. Definitions.
9 Subject to additional definitions contained in subsequent
10 provisions of this title which are applicable to specific
11 provisions of this title, the following words and phrases when
12 used in this title shall have, unless the context clearly
13 indicates otherwise, the meanings given to them in this section:
14 * * *
15 "Bicycle." Any device upon which a person may ride, which is
16 propelled by human power through a system of belts, chains or
17 gears, having either two or three wheels, one of which is at
18 least 20 inches in diameter, or having a frame size of at least
1 14 inches, or having four or more wheels.
2 "Bicycle dealer." Any person who sells, gives away, buys or
3 takes in trade for the purpose of resale more than five bicycles
4 in any one calendar year, whether or not the bicycles are owned
5 by the person, as well as agents or employees of the person.
6 * * *
7 Section 2. Title 75 is amended by adding a chapter to read:
8 CHAPTER 76
9 BICYCLES
10 Sec.
11 7601. License and registration form.
12 7602. License requirement and violations.
13 7603. Issuance of license and registration form.
14 7604. Fees.
15 7605. Records.
16 7606. Information required upon retail sale.
17 7607. Serial numbers.
18 7608. Recordation of transfer.
19 7609. Notification of change of address and duplicate license
20 or registration form.
21 7610. Fine limitation.
22 § 7601. License and registration form.
23 (a) Distribution and issuance.--The department shall procure
24 and distribute bicycle license indicia and registration forms to
25 all municipalities which have adopted a bicycle licensing
26 ordinance. Those municipalities shall issue the indicia and
27 registration form to the owner of any new bicycle, and may, upon
28 request of the owner, issue the indicia and registration form to
29 the owner of any bicycle with a serial number under section 7607
30 (relating to serial numbers).
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1 (b) Fee.--The department shall charge and collect a fee, not
2 to exceed the cost of procuring and distributing the license
3 indicia and registration form, for any license indicia and
4 registration form issued.
5 (c) Specifications.--The department shall design the bicycle
6 license indicia and registration form described in subsection
7 (a), and shall establish procedures for the distribution of the
8 indicia and registration forms to municipalities. The indicia
9 shall be adhesive, durable, flexible and of a size to permit the
10 indicia to be affixed to the front of the seat tube of a bicycle
11 frame. The indicia shall include a unique license number, which
12 shall be permanently assigned to a bicycle. Each registration
13 form shall meet the requirements of section 7605 (relating to
14 records).
15 (d) Renewal.--Bicycle licenses shall be renewed uniformly
16 throughout this Commonwealth on January 1 of the third year
17 following the year of registration. Renewal of a bicycle license
18 shall be indicated by a supplementary adhesive device affixed
19 parallel to, and above or below, the indicia, with the
20 expiration date showing.
21 § 7602. License requirement and violations.
22 (a) License requirement.--A municipality which adopts a
23 bicycle licensing ordinance may provide in the ordinance that no
24 resident shall operate any bicycle, as specified in the
25 ordinance, on any highway or other public property within the
26 jurisdiction of the municipality unless the bicycle is licensed
27 in accordance with this chapter.
28 (b) Violation.--No person shall tamper with, destroy,
29 mutilate or alter any license indicia or registration form, or
30 remove, alter or mutilate the serial number or the identifying
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1 marks of a municipality's identifying symbol on any bicycle
2 frame licensed under this chapter.
3 § 7603. Issuance of license and registration form.
4 If a municipality adopts a bicycle licensing ordinance,
5 indicia and a copy of the registration form obtained from the
6 department shall be issued to the owner by the municipality.
7 § 7604. Fees.
8 Each municipality by ordinance may adopt rules and
9 regulations for the collection of license fees. Revenues from
10 license fees shall be retained by the licensing municipality and
11 shall be used for the support of the bicycle ordinance and may
12 be used to reimburse retailers for services rendered. In
13 addition, fees collected shall be used to improve bicycle safety
14 programs and establish bicycle facilities, including bicycle
15 paths and lanes, within the limits of the municipality's
16 jurisdiction. The fees required to be paid pursuant to this
17 chapter are as follows:
18 (1) For each new bicycle license and registration
19 certificate, the sum shall not exceed $4 per year or any
20 portion thereof.
21 (2) For each transfer of registration certificate, the
22 sum shall not exceed $2.
23 (3) For each replacement of a bicycle license or
24 registration certificate, the sum shall not exceed $2.
25 (4) For each bicycle license renewal, the sum shall not
26 exceed $2 per year.
27 § 7605. Records.
28 Municipalities having a bicycle licensing ordinance shall
29 maintain records of each bicycle registered. Records shall
30 include, but are not limited to, the license number and serial
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1 number of the bicycle, the make and type of the bicycle and the
2 name and address of the licensee. Records shall be maintained by
3 the municipality during the period of validity of the license or
4 until notification that the bicycle is no longer to be operated.
5 § 7606. Information required upon retail sale.
6 (a) Preregistration form.--Each bicycle retailer and each
7 bicycle dealer shall supply to each purchaser a preregistration
8 form provided by the municipality and shall include, on the
9 sales check or receipt given to the purchaser, a record of the
10 following information:
11 (1) Name and address of retailer.
12 (2) Year and make of the bicycle.
13 (3) Serial number of the bicycle if delivered to the
14 purchaser in an assembled state.
15 (4) General description of the bicycle.
16 (5) Name and address of purchaser.
17 (b) Filing.--The preregistration form shall be filled out
18 and forwarded by the purchaser to the appropriate municipality
19 within ten days from the date of sale.
20 § 7607. Serial numbers.
21 After December 31, 2002, no bicycle retailer shall sell any
22 new bicycle in this Commonwealth unless the bicycle has legibly
23 and permanently stamped or cast on its frame a serial number, no
24 less than one-eighth inch in size, and unique to the particular
25 bicycle of each manufacturer. The serial number only shall be
26 stamped or cast in the head of the frame, either side of the
27 seat tube, the toeplate or the bottom sprocket or crank housing.
28 § 7608. Recordation of transfer.
29 (a) Sales.--Whenever any person sells or otherwise disposes
30 of a bicycle, the person shall endorse upon the registration
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1 certificate previously issued for the bicycle a written transfer
2 of same, setting forth the name, address and telephone number of
3 the transferee, date of transfer and signature of the
4 transferor, and shall deliver the registration certificate, so
5 endorsed, to the municipality within ten days.
6 (b) Purchaser.--Any person who purchases or otherwise
7 acquires possession of a bicycle shall, within ten days of
8 taking possession, apply for the transfer of license to the
9 person's own name. Municipalities may establish rules and
10 regulations to govern and enforce this section.
11 § 7609. Notification of change of address and duplicate license
12 or registration form.
13 (a) Notification of change of address.--Whenever the owner
14 of a bicycle licensed pursuant to an ordinance of a municipality
15 changes his address, the owner shall within ten days notify the
16 appropriate municipality of the old and new address.
17 (b) Duplicate license or registration form.--In the event
18 that any bicycle license indicia or registration form issued
19 pursuant to the provisions of this chapter is lost, stolen or
20 mutilated, the licensee of the bicycle shall immediately notify
21 the municipality and, within ten days after the notification,
22 shall apply to the municipality for duplicate license indicia or
23 a registration form. Thereupon, the municipality shall issue to
24 the licensee replacement indicia or a registration form upon
25 payment to the municipality of the appropriate fee.
26 § 7610. Fine limitation.
27 No fine imposed for any violation of an ordinance which is
28 adopted pursuant to this chapter shall exceed $10.
29 Section 3. This act shall take effect in 60 days.
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