PRIOR PRINTER'S NO. 2623 PRINTER'S NO. 3014
No. 2053 Session of 1999
INTRODUCED BY SCHRODER, SOLOBAY, HUTCHINSON, FARGO,
E. Z. TAYLOR, FLICK, HENNESSEY, ROSS, RUBLEY, ARGALL, BARD,
BARRAR, BASTIAN, BEBKO-JONES, BELARDI, COSTA, CURRY, DAILEY,
DALEY, DALLY, FICHTER, FORCIER, GEORGE, HARHAI, HERSHEY,
HORSEY, KENNEY, LEH, LYNCH, R. MILLER, S. MILLER, MUNDY,
NICKOL, PLATTS, READSHAW, ROONEY, SANTONI, STABACK, STERN,
SURRA, TANGRETTI, TRUE, VAN HORNE, WILLIAMS, WILT,
WOJNAROSKI, YOUNGBLOOD AND SAYLOR, NOVEMBER 9, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 15, 2000
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing FOR DISPLAY OF REGISTRATION <--
3 PLATES, FOR CONTENT OF DRIVERS' LICENSES AND FOR COMMERCIAL
4 DRIVERS' LICENSES; PROVIDING FOR PETITIONS FOR REMOVAL OF
5 CERTAIN SUSPENSIONS OR REVOCATIONS; REQUIRING POLITICAL
6 SUBDIVISIONS TO CHECK STATUS OF DRIVERS' LICENSES OF
7 EMPLOYEES WHO DRIVE MUNICIPAL VEHICLES; FURTHER PROVIDING for
8 payments to special funds; and, FOR OBEDIENCE TO AUTHORIZED <--
9 PERSONS DIRECTING TRAFFIC, FOR RESTRICTIONS ON USE OF LIMITED
10 ACCESS HIGHWAYS AND FOR DUTY OF A DRIVER ON APPROACH OF
11 EMERGENCY VEHICLE; providing for driver duties in emergency
12 response areas; AND FURTHER PROVIDING FOR THE PENALTY FOR <--
13 VIOLATION OF THE DUTY OF A DRIVER WHEN APPROACHING A SCHOOL
14 BUS DISPLAYING FLASHING RED SIGNAL LIGHTS, FOR MAXIMUM SPEED
15 LIMITS, FOR DEPOSITING WASTE, FOR FLEEING OR ATTEMPTING TO
16 ELUDE A POLICE OFFICER, FOR VISUAL AND AUDIBLE SIGNALS ON
17 EMERGENCY VEHICLES, FOR PERIODIC VEHICLE INSPECTION, FOR
18 PROHIBITION ON EXPENDITURES FOR EMISSION INSPECTION PROGRAM
19 AND FOR REGULATION OF TRAFFIC ON THE PENNSYLVANIA TURNPIKE.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Section 1905 of Title 75 of the Pennsylvania <--
23 Consolidated Statutes is amended by adding a subsection to read:
1 SECTION 1. SECTION 1332(B) OF TITLE 75 OF THE PENNSYLVANIA <--
2 CONSOLIDATED STATUTES IS AMENDED TO READ:
3 § 1332. DISPLAY OF REGISTRATION PLATE.
4 * * *
5 (B) OBSCURING PLATE.--IT IS UNLAWFUL TO DISPLAY ON ANY
6 VEHICLE A REGISTRATION PLATE WHICH IS SO DIRTY AS TO PREVENT THE
7 READING OF THE NUMBER OR LETTERS THEREON AT A REASONABLE
8 DISTANCE OR IS OTHERWISE ILLEGIBLE AT A REASONABLE DISTANCE OR
9 IS OBSCURED IN ANY MANNER. THIS SUBSECTION SHALL NOT APPLY TO A
10 REGISTRATION PLATE BRACKET WHICH OBSCURES ONLY THE
11 COMMONWEALTH'S WORLD WIDE WEB SITE.
12 SECTION 2. SECTION 1510 OF TITLE 75 IS AMENDED BY ADDING A
13 SUBSECTION TO READ:
14 § 1510. ISSUANCE AND CONTENT OF DRIVER'S LICENSE.
15 * * *
16 (H) SALE OF PHOTOGRAPHS PROHIBITED.--NEITHER THE DEPARTMENT
17 NOR ANY PERSON UNDER CONTRACT WITH THE DEPARTMENT SHALL SELL
18 PHOTOGRAPHS OF HOLDERS OF A DRIVER'S LICENSE OR IDENTIFICATION
19 CARD FOR ANY COMMERCIAL PURPOSE.
20 SECTION 3. SECTION 1532(A)(3) OF TITLE 75 IS AMENDED TO
21 READ:
22 § 1532. SUSPENSION OF OPERATING PRIVILEGE.
23 (A) ONE-YEAR SUSPENSION.--THE DEPARTMENT SHALL SUSPEND THE
24 OPERATING PRIVILEGE OF ANY DRIVER FOR ONE YEAR UPON RECEIVING A
25 CERTIFIED RECORD OF THE DRIVER'S CONVICTION OF OR AN
26 ADJUDICATION OF DELINQUENCY BASED ON ANY OF THE FOLLOWING
27 OFFENSES:
28 * * *
29 (3) ANY VIOLATION OF THE FOLLOWING PROVISIONS:
30 SECTION 3732 (RELATING TO HOMICIDE BY VEHICLE).
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1 SECTION 3735.1 (RELATING TO AGGRAVATED ASSAULT BY
2 VEHICLE WHILE DRIVING UNDER THE INFLUENCE).
3 SECTION 3742 (RELATING TO ACCIDENTS INVOLVING DEATH
4 OR PERSONAL INJURY).
5 SECTION 3742.1 (RELATING TO ACCIDENTS INVOLVING DEATH
6 OR PERSONAL INJURY WHILE NOT PROPERLY LICENSED).
7 [SECTION 7102(B) (RELATING TO REMOVAL OR
8 FALSIFICATION OF IDENTIFICATION NUMBER).
9 SECTION 7103(B) (RELATING TO DEALING IN VEHICLES WITH
10 REMOVED OR FALSIFIED NUMBERS).]
11 SECTION 7111 (RELATING TO DEALING IN TITLES AND
12 PLATES FOR STOLEN VEHICLES).
13 SECTION 7121 (RELATING TO FALSE APPLICATION FOR
14 CERTIFICATE OF TITLE OR REGISTRATION).
15 SECTION 7122 (RELATING TO ALTERED, FORGED OR
16 COUNTERFEIT DOCUMENTS AND PLATES).
17 * * *
18 SECTION 4. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
19 § 1576. POLITICAL SUBDIVISIONS TO CHECK STATUS OF EMPLOYEES'
20 DRIVERS' LICENSES.
21 AT LEAST QUARTERLY, A POLITICAL SUBDIVISION SHALL CHECK THE
22 RECORDS OF THE DEPARTMENT TO DETERMINE THE STATUS OF THE
23 DRIVERS' LICENSES OF ALL EMPLOYEES WHO DRIVE VEHICLES AS AN
24 ELEMENT OF THEIR EMPLOYMENT.
25 SECTION 5. SECTIONS 1610 AND 1905 OF TITLE 75 ARE AMENDED BY
26 ADDING SUBSECTIONS TO READ:
27 § 1610. COMMERCIAL DRIVER'S LICENSE.
28 * * *
29 (F) SALE OF PHOTOGRAPHS PROHIBITED.--NEITHER THE DEPARTMENT
30 NOR ANY PERSON UNDER CONTRACT WITH THE DEPARTMENT SHALL SELL
19990H2053B3014 - 3 -
1 PHOTOGRAPHS OF HOLDERS OF A COMMERCIAL DRIVER'S LICENSE FOR ANY
2 COMMERCIAL PURPOSE.
3 § 1905. Payments to special funds.
4 * * *
5 (d) Emergency Services Enhancement Fund.--Fifteen dollars of
6 each fine received under section 3327(b) (relating to duty of
7 driver in emergency response areas) shall be credited to the
8 Emergency Services Enhancement Fund, as follows:
9 (1) There is established a special account in the
10 Treasury Department, known as the Emergency Services
11 Enhancement Fund. The purpose of the Emergency Services
12 Enhancement Fund is the advancement, SUPPORT AND IMPROVEMENT <--
13 of emergency service activities within this Commonwealth, <--
14 INCLUDING, BUT NOT LIMITED TO, EDUCATION AND TRAINING
15 INITIATIVES AND EQUIPMENT ACQUISITION AND MAINTENANCE.
16 (2) All money in the Emergency Services Enhancement Fund
17 is continually appropriated to the Pennsylvania Fire Services <--
18 Institute EMERGENCY MANAGEMENT AGENCY to be expended for the <--
19 purposes of this subsection. This appropriation shall not
20 lapse at the end of any fiscal year.
21 (3) THE PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY SHALL <--
22 PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS
23 OF THIS SUBSECTION.
24 SECTION 6. SECTIONS 3102 AND 3313(D) OF TITLE 75 ARE AMENDED <--
25 TO READ:
26 § 3102. OBEDIENCE TO AUTHORIZED PERSONS DIRECTING TRAFFIC.
27 NO PERSON SHALL WILLFULLY FAIL OR REFUSE TO COMPLY WITH ANY
28 LAWFUL ORDER OR DIRECTION OF ANY UNIFORMED POLICE OFFICER,
29 SHERIFF OR CONSTABLE OR, IN AN EMERGENCY, A RAILROAD OR STREET
30 RAILWAY POLICE OFFICER; OR ANY APPROPRIATELY ATTIRED PERSON,
19990H2053B3014 - 4 -
1 INCLUDING AN AGENT OR EMPLOYEE OF THE FUNERAL DIRECTOR DURING A
2 FUNERAL; OR AN EMPLOYEE WHO HAS BEEN TRAINED IN TRAFFIC CONTROL
3 DURING THE COURSE OF EMPLOYMENT BY A LICENSED AND INSURED
4 PRIVATE SECURITY COMPANY, AUTHORIZED TO DIRECT, CONTROL OR
5 REGULATE TRAFFIC.
6 § 3313. RESTRICTIONS ON USE OF LIMITED ACCESS HIGHWAYS.
7 * * *
8 (D) DRIVING IN RIGHT LANE.--[VEHICLES SHALL BE DRIVEN IN THE
9 LANE NEAREST THE RIGHT-HAND EDGE OF THE ROADWAY, EXCEPT WHEN
10 OVERTAKING ANOTHER VEHICLE, OR FOR A DISTANCE OF UP TO TWO MILES
11 IN PREPARATION FOR A LEFT TURN, OR AS DIRECTED BY OFFICIAL
12 TRAFFIC CONTROL DEVICES, POLICE OFFICERS OR APPROPRIATELY
13 ATTIRED PERSONS AUTHORIZED TO DIVERT, CONTROL OR REGULATE
14 TRAFFIC.]
15 (1) NO DRIVER SHALL DRIVE CONTINUOUSLY IN THE LEFT LANE
16 OF A LIMITED ACCESS HIGHWAY SO AS TO IMPEDE THE FLOW OF OTHER
17 TRAFFIC.
18 (2) UPON ALL LIMITED ACCESS HIGHWAYS HAVING TWO OR MORE
19 LANES FOR TRAFFIC MOVING IN THE SAME DIRECTION, ALL VEHICLES
20 SHALL BE DRIVEN IN THE RIGHT-HAND LANE WHEN AVAILABLE FOR
21 TRAFFIC, EXCEPT:
22 (I) WHEN OVERTAKING AND PASSING ANOTHER VEHICLE
23 PROCEEDING IN THE SAME DIRECTION;
24 (II) WHEN TRAVELING AT A SPEED GREATER THAN THE
25 TRAFFIC FLOW;
26 (III) WHEN MOVING LEFT TO ALLOW TRAFFIC TO MERGE; OR
27 (IV) WHEN PREPARING FOR A LEFT TURN AT AN
28 INTERSECTION, EXIT OR INTO A PRIVATE ROAD OR DRIVEWAY
29 WHEN SUCH LEFT TURN IS LEGALLY PERMITTED.
30 (3) UNLESS OTHERWISE POSTED, NO VEHICLE TOWING A TRAILER
19990H2053B3014 - 5 -
1 AND NO VEHICLE OR COMBINATION OVER 10,000 POUNDS MAY BE
2 DRIVEN IN THE LEFT-HAND LANE OF A LIMITED ACCESS HIGHWAY
3 HAVING THREE OR MORE LANES FOR TRAFFIC MOVING IN THE SAME
4 DIRECTION EXCEPT WHEN PREPARING FOR A LEFT TURN AT AN
5 INTERSECTION, EXIT OR INTO A PRIVATE ROAD OR DRIVEWAY WHEN
6 SUCH LEFT TURN IS LEGALLY PERMITTED.
7 (4) THIS SUBSECTION SHALL NOT APPLY TO A VEHICLE USING A
8 VEHICLE LANE DESIGNATED FOR MULTIOCCUPANT VEHICLES OR CAR
9 POOLS.
10 SECTION 7. SECTION 3325 OF TITLE 75 IS AMENDED BY ADDING A
11 SUBSECTION TO READ:
12 § 3325. DUTY OF DRIVER ON APPROACH OF EMERGENCY VEHICLE.
13 * * *
14 (C) DEFENSE.--IT IS A DEFENSE TO PROSECUTION UNDER THIS
15 SECTION IF THE DEFENDANT CAN SHOW BY A PREPONDERANCE OF THE
16 EVIDENCE THAT THE FAILURE TO STOP IMMEDIATELY FOR A POLICE OR
17 SHERIFF VEHICLE WAS BASED ON A GOOD FAITH CONCERN FOR PERSONAL
18 SAFETY. IN DETERMINING WHETHER THE DEFENDANT HAS MET THIS
19 BURDEN, THE COURT MAY CONSIDER THE FOLLOWING FACTORS:
20 (1) THE TIME AND LOCATION OF THE EVENT.
21 (2) THE TYPE OF POLICE OR SHERIFF VEHICLE USED.
22 (3) THE DEFENDANT'S CONDUCT WHILE BEING FOLLOWED BY THE
23 POLICE OR SHERIFF VEHICLE.
24 (4) WHETHER THE DEFENDANT STOPPED AT THE FIRST AVAILABLE
25 REASONABLY LIGHTED OR POPULATED AREA.
26 (5) ANY OTHER FACTOR CONSIDERED RELEVANT BY THE COURT.
27 Section 2 8. Title 75 is amended by adding a section to <--
28 read:
29 § 3327. Duty of driver in emergency response areas.
30 (a) General rule.--When approaching or passing an emergency
19990H2053B3014 - 6 -
1 response area, no person shall drive a vehicle:
2 (1) at a speed greater than is reasonable and prudent
3 under the conditions, having regard to the actual and
4 potential hazards then existing;
5 (2) at a speed greater than that which is indicated,
6 either verbally or through the use of appropriate traffic
7 control devices, by law enforcement personnel or emergency
8 service responders; or
9 (3) in disobedience of instructions or indications
10 relating to traffic flow which are made, either verbally or
11 through the use of signs, flares, signals, lights or other
12 traffic control devices, by law enforcement personnel or
13 emergency service responders.
14 (b) Penalty.--Any person violating subsection (a) commits a
15 summary offense and shall, upon conviction, pay a fine of $85.
16 (c) Marking.--An emergency response area shall be clearly
17 marked with either road flares, caution signs or any other
18 traffic-control device which law enforcement officials may have
19 at their immediate disposal.
20 (d) Reports by emergency service responders.--
21 (1) An emergency service responder observing a violation
22 of subsection (a) may prepare a written, signed report which
23 indicates that a violation has occurred. To the extent
24 possible, the report shall include the following information:
25 (i) Information pertaining to the identity of the
26 alleged violator.
27 (ii) The license number and color of the vehicle
28 involved in the violation.
29 (iii) The time and approximate location at which the
30 violation occurred.
19990H2053B3014 - 7 -
1 (iv) Identification of the vehicle as an automobile,
2 station wagon, motor truck, motor bus, motorcycle or
3 other type of vehicle.
4 (2) Within 48 hours after the violation occurs, the
5 emergency service responder shall deliver a copy of the
6 report to a police officer having authority to exercise
7 police power in the area where the violation occurred. If the
8 police officer believes that the report established a
9 sufficient basis for the issuance of a citation, the officer
10 shall file a citation and the report with the issuing
11 authority. If the issuing authority determines that the
12 report and citation establish a sufficient basis for the
13 issuance of a summons, a summons shall be issued in
14 accordance with general rules governing the institution of
15 proceedings in summary traffic offense cases. The issuing
16 authority shall send the defendant a copy of the citation,
17 together with a statement that it was filed by the police
18 officer named in the citation on the basis of information
19 received.
20 (3) A person may institute a proceeding pursuant to this
21 subsection or in accordance with any means authorized by the
22 Pennsylvania Rules of Criminal Procedure.
23 (e) Fines to be doubled.--In addition to any penalty as
24 provided in subsection (b), the fine for any of the following
25 violations when committed in an emergency response area manned
26 by emergency service responders shall be double the usual
27 amount:
28 Section 3102 (relating to obedience to authorized persons
29 directing traffic).
30 Section 3111 (relating to obedience to traffic-control
19990H2053B3014 - 8 -
1 devices).
2 Section 3114 (relating to flashing signals).
3 Section 3302 (relating to meeting vehicle proceeding in
4 opposite direction).
5 Section 3303 (relating to overtaking vehicle on the
6 left).
7 Section 3304 (relating to overtaking vehicle on the
8 right).
9 Section 3305 (relating to limitations on overtaking on
10 the left).
11 Section 3306 (relating to limitations on driving on left
12 side of roadway).
13 Section 3307 (relating to no-passing zones).
14 Section 3310 (relating to following too closely).
15 Section 3312 (relating to limited access highway
16 entrances and exits).
17 Section 3323 (relating to stop signs and yield signs).
18 Section 3325 (relating to duty of driver on approach of
19 emergency vehicle).
20 Section 3361 (relating to driving vehicle at safe speed).
21 Section 3707 (relating to driving or stopping close to
22 fire apparatus).
23 Section 3710 (relating to stopping at intersection or
24 crossing to prevent obstruction).
25 Section 3714 (relating to careless driving).
26 Section 3715 (relating to restriction on alcoholic
27 beverages).
28 Section 3731 (relating to driving under influence of
29 alcohol or controlled substance).
30 Section 3736 (relating to reckless driving).
19990H2053B3014 - 9 -
1 (f) Definitions.--As used in this section, the following
2 words and phrases shall have the meanings given to them in this
3 subsection:
4 "Emergency response area." The area in which emergency
5 service responders render emergency assistance to individuals on
6 or near a roadway.
7 "Emergency service responder." An individual acting in an
8 official capacity as police officer, sheriff, deputy sheriff,
9 coroner, deputy coroner, firefighter, fire police, fire marshal,
10 medical examiner, deputy medical examiner, rescue personnel,
11 ambulance personnel, hazardous material response team member or
12 emergency medical service personnel.
13 Section 3. This act shall take effect in 60 days. <--
14 SECTION 9. SECTIONS 3345(J), 3362(A)(1.1), 3709(D)(1), <--
15 3733(C) AND 4571(B) OF TITLE 75 ARE AMENDED TO READ:
16 § 3345. MEETING OR OVERTAKING SCHOOL BUS.
17 * * *
18 (J) PENALTY.--[ANY PERSON VIOLATING] A PERSON WHO VIOLATES
19 SUBSECTION (A) OR (F.1) [IS GUILTY OF] COMMITS A SUMMARY OFFENSE
20 AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF [$100]
21 $500.
22 § 3362. MAXIMUM SPEED LIMITS.
23 (A) GENERAL RULE.--EXCEPT WHEN A SPECIAL HAZARD EXISTS THAT
24 REQUIRES LOWER SPEED FOR COMPLIANCE WITH SECTION 3361 (RELATING
25 TO DRIVING VEHICLE AT SAFE SPEED), THE LIMITS SPECIFIED IN THIS
26 SECTION OR ESTABLISHED UNDER THIS SUBCHAPTER SHALL BE MAXIMUM
27 LAWFUL SPEEDS AND NO PERSON SHALL DRIVE A VEHICLE AT A SPEED IN
28 EXCESS OF THE FOLLOWING MAXIMUM LIMITS:
29 * * *
30 (1.1) 65 MILES PER HOUR FOR ALL VEHICLES[:
19990H2053B3014 - 10 -
1 (I) ON INTERSTATE HIGHWAYS OUTSIDE OF URBANIZED
2 AREAS OF POPULATION OF 50,000 OR MORE; AND
3 (II)] ON [OTHER] FREEWAYS WHERE THE DEPARTMENT HAS
4 POSTED A 65-MILES-PER-HOUR SPEED LIMIT [IN ACCORDANCE
5 WITH THE PROVISIONS OF 23 U.S.C. (RELATING TO HIGHWAYS)].
6 * * *
7 § 3709. DEPOSITING WASTE AND OTHER MATERIAL ON HIGHWAY,
8 PROPERTY OR WATERS.
9 * * *
10 (D) PENALTY.--ANY PERSON VIOLATING ANY OF THE PROVISIONS OF
11 SUBSECTION (A) OR (B) [IS GUILTY OF] COMMITS A SUMMARY OFFENSE
12 AND SHALL, UPON CONVICTION, BE SENTENCED TO EITHER OR BOTH OF
13 THE FOLLOWING:
14 (1) TO PAY A FINE OF NOT MORE THAN [$300.]:
15 (I) $900 FOR A VIOLATION WHICH OCCURS IN AN EASEMENT
16 PURCHASED UNDER THE PROGRAM ESTABLISHED BY SECTION 14.1
17 OF THE ACT OF JUNE 30, 1981 (P.L.128, NO.43), KNOWN AS
18 THE AGRICULTURAL AREA SECURITY LAW;
19 (II) $600 FOR A VIOLATION WHICH OCCURS IN AN
20 AGRICULTURAL SECURITY AREA, AS DEFINED IN SECTION 3 OF
21 THE AGRICULTURAL AREA SECURITY LAW; OR
22 (III) $300 FOR A VIOLATION WHICH OCCURS ANYWHERE
23 ELSE.
24 * * *
25 § 3733. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER.
26 * * *
27 (C) DEFENSES.--
28 (1) IT IS A DEFENSE TO A PROSECUTION UNDER THIS SECTION
29 THAT THE PURSUING POLICE OR SHERIFF VEHICLE WAS NOT CLEARLY
30 IDENTIFIABLE BY ITS MARKINGS OR, IF UNMARKED, WAS NOT
19990H2053B3014 - 11 -
1 OCCUPIED BY A POLICE OFFICER OR SHERIFF WHO WAS IN UNIFORM
2 AND DISPLAYING A BADGE OR OTHER SIGN OF AUTHORITY.
3 (2) IT IS A DEFENSE TO PROSECUTION UNDER THIS SECTION IF
4 THE DEFENDANT CAN SHOW BY A PREPONDERANCE OF THE EVIDENCE
5 THAT THE FAILURE TO STOP IMMEDIATELY FOR A POLICE OR SHERIFF
6 VEHICLE WAS BASED UPON A GOOD FAITH CONCERN FOR PERSONAL
7 SAFETY. IN DETERMINING WHETHER THE DEFENDANT HAS MET THIS
8 BURDEN, THE COURT MAY CONSIDER THE FOLLOWING FACTORS:
9 (I) THE TIME AND LOCATION OF THE EVENT.
10 (II) THE TYPE OF POLICE OR SHERIFF VEHICLE USED.
11 (III) THE DEFENDANT'S CONDUCT WHILE BEING FOLLOWED
12 BY THE POLICE OR SHERIFF VEHICLE.
13 (IV) WHETHER THE DEFENDANT STOPPED AT THE FIRST
14 AVAILABLE REASONABLY LIGHTED OR POPULATED AREA.
15 (V) ANY OTHER FACTOR CONSIDERED RELEVANT BY THE
16 COURT.
17 § 4571. VISUAL AND AUDIBLE SIGNALS ON EMERGENCY VEHICLES.
18 * * *
19 (B) POLICE[,] OR SHERIFF[, FIRE AND CORONER OR MEDICAL
20 EXAMINER] VEHICLES.--
21 (1) POLICE[,] OR SHERIFF[, CORONER, MEDICAL EXAMINER OR
22 FIRE POLICE] VEHICLES MAY IN ADDITION TO THE REQUIREMENTS OF
23 SUBSECTION (A) BE EQUIPPED WITH ONE OR MORE REVOLVING OR
24 FLASHING BLUE LIGHTS. THE COMBINATION OF RED AND BLUE LIGHTS
25 MAY BE USED ONLY ON POLICE[,] OR SHERIFF[, CORONER, MEDICAL
26 EXAMINER OR FIRE POLICE] VEHICLES.
27 (2) UNMARKED POLICE [AND] OR SHERIFF VEHICLES, USED AS
28 EMERGENCY VEHICLES AND EQUIPPED WITH AUDIBLE WARNING SYSTEMS,
29 [MAY] SHALL BE EQUIPPED WITH [THE LIGHTS DESCRIBED IN THIS
30 SECTION] A COMBINATION OF RED AND BLUE LIGHTS.
19990H2053B3014 - 12 -
1 (3) POLICE, SHERIFF [AND] OR FIRE VEHICLES MAY BE
2 EQUIPPED WITH A MOUNTED RACK CONTAINING ONE OR MORE EMERGENCY
3 WARNING LIGHTS OR SIDE MOUNTED FLOODLIGHTS OR ALLEY LIGHTS OR
4 ALL SUCH LIGHTS, IN CONFORMANCE WITH DEPARTMENT REGULATIONS.
5 * * *
6 SECTION 10. SECTIONS 4702 AND 4706 OF TITLE 75 ARE AMENDED
7 BY ADDING SUBSECTIONS TO READ:
8 § 4702. REQUIREMENT FOR PERIODIC INSPECTION OF VEHICLES.
9 * * *
10 (H) MAXIMUM FEE.--A VEHICLE SUBJECT TO EXCEPTION UNDER
11 SUBSECTION (G) SHALL BE CHARGED A FEE NOT TO EXCEED $15.
12 § 4706. PROHIBITION ON EXPENDITURES FOR EMISSION INSPECTION
13 PROGRAM.
14 * * *
15 (C.1) EXCHANGE OF EVIDENCE OF EMISSION INSPECTION.--A PERSON
16 REPLACING A WINDSHIELD OR REPAIRING A WINDSHIELD IN SUCH A
17 MANNER AS TO REQUIRE REMOVAL OF EVIDENCE OF EMISSION INSPECTION
18 SHALL AT THE OPTION OF THE REGISTRANT OF THE VEHICLE OR THE
19 OWNER OF A MASS TRANSIT VEHICLE CUT OUT THE PORTION OF THE
20 WINDSHIELD CONTAINING THE EVIDENCE OF EMISSION INSPECTION AND
21 DELIVER IT TO THE REGISTRANT OF THE VEHICLE OR THE OWNER OF THE
22 MASS TRANSIT VEHICLE OR DESTROY THE EVIDENCE OF EMISSION
23 INSPECTION. THE VEHICLE OR THE MASS TRANSIT VEHICLE MAY BE
24 DRIVEN FOR UP TO FIVE DAYS IF IT DISPLAYS THE PORTION OF THE OLD
25 WINDSHIELD CONTAINING THE EVIDENCE OF EMISSION INSPECTION AS
26 PRESCRIBED IN DEPARTMENT REGULATIONS. WITHIN THE FIVE-DAY PERIOD
27 AN OFFICIAL EMISSION INSPECTION STATION MAY AFFIX TO THE VEHICLE
28 OR MASS TRANSIT VEHICLE ANOTHER EVIDENCE OF EMISSION INSPECTION
29 FOR THE SAME INSPECTION PERIOD WITHOUT REINSPECTING THE VEHICLE
30 OR MASS TRANSIT VEHICLE IN EXCHANGE FOR THE PORTION OF THE OLD
19990H2053B3014 - 13 -
1 WINDSHIELD CONTAINING THE EVIDENCE OF EMISSION INSPECTION. A FEE
2 OF NO MORE THAN $2 PLUS THE FEE PAID TO ACCESS THE DEPARTMENT'S
3 COMPUTER TO ENTER THE EVIDENCE OF EMISSION INSPECTION INTO THE
4 SYSTEM MAY BE CHARGED FOR EXCHANGING EVIDENCE OF EMISSION
5 INSPECTION.
6 * * *
7 SECTION 11. SECTION 6110(A) OF TITLE 75 IS AMENDED TO READ:
8 § 6110. REGULATION OF TRAFFIC ON PENNSYLVANIA TURNPIKE.
9 (A) GENERAL RULE.--THE PROVISIONS OF THIS TITLE APPLY UPON
10 ANY TURNPIKE OR HIGHWAY UNDER THE SUPERVISION AND CONTROL OF THE
11 PENNSYLVANIA TURNPIKE COMMISSION UNLESS SPECIFICALLY MODIFIED BY
12 RULES AND REGULATIONS PROMULGATED BY THE COMMISSION WHICH SHALL
13 BECOME EFFECTIVE ONLY UPON PUBLICATION IN ACCORDANCE WITH LAW. A
14 COPY OF THE RULES AND REGULATIONS, SO LONG AS THEY ARE
15 EFFECTIVE, SHALL BE POSTED AT ALL ENTRANCES TO THE TURNPIKE OR
16 HIGHWAY FOR THE INSPECTION OF PERSONS USING THE TURNPIKE OR
17 HIGHWAY. THIS SECTION DOES NOT AUTHORIZE THE ESTABLISHMENT OF A
18 MAXIMUM SPEED LIMIT GREATER THAN 55 MILES PER HOUR, EXCEPT THAT
19 A 65-MILES-PER-HOUR MAXIMUM SPEED LIMIT FOR ALL VEHICLES MAY BE
20 ESTABLISHED[:
21 (1) ON INTERSTATE HIGHWAYS OUTSIDE OF URBANIZED AREAS OF
22 POPULATION OF 50,000 OR MORE; AND
23 (2) ON OTHER FREEWAYS] WHERE THE COMMISSION HAS POSTED A
24 65-MILES-PER-HOUR SPEED LIMIT [IN ACCORDANCE WITH THE
25 PROVISIONS OF 23 UNITED STATES CODE (RELATING TO HIGHWAYS)].
26 * * *
27 SECTION 12. DRIVERS WHOSE OPERATING PRIVILEGES WERE
28 SUSPENDED OR REVOKED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION
29 MAY PETITION THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE
30 RECORD THE SUSPENSIONS WHICH HAD PREVIOUSLY BEEN IMPOSED FOR
19990H2053B3014 - 14 -
1 VIOLATIONS OF 75 PA.C.S. §§ 7102(B) AND 7103(B). UPON RECEIPT OF
2 THE PETITION THE DEPARTMENT SHALL EXAMINE THE DRIVING RECORD OF
3 THE PETITIONER AND SHALL REMOVE FROM THE RECORD SUSPENSIONS OR
4 REVOCATIONS CAUSED BY CONVICTIONS OF VIOLATIONS OF 75 PA.C.S. §§
5 7102(B) OR 7103(B). IF THERE ARE OTHER OFFENSES ON THE RECORD,
6 IF THE DRIVER IS ENTITLED TO CREDIT, CREDIT SHALL BE GIVEN FOR
7 THE OTHER OFFENSES FOR THE PERIODS OF TIMES WHERE THE DRIVER'S
8 OPERATING PRIVILEGES WERE SUSPENDED OR REVOKED FOR VIOLATIONS OF
9 75 PA.C.S. §§7102(B) AND 7103(B). IF THE DRIVER WAS PROPERLY
10 SERVING THE SUSPENSION THEN THE DRIVER IS ENTITLED TO CREDIT. IF
11 AFTER RECALCULATING THE RECORD THE DRIVER IS ELIGIBLE FOR
12 RESTORATION OF PRIVILEGES, THE DEPARTMENT SHALL SO INFORM THE
13 DRIVER AND PERMIT THE DRIVER TO BE RESTORED SO LONG AS THE
14 DRIVER MEETS ALL THE OTHER REQUIREMENTS FOR RESTORATION.
15 SECTION 13. THE AMENDMENT OF 75 PA.C.S. § 3345(J) SHALL
16 APPLY TO OFFENSES COMMITTED ON OR AFTER THE EFFECTIVE DATE OF
17 THIS ACT.
18 SECTION 14. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
19 (1) THE AMENDMENT OF 75 PA.C.S. § 1532(A)(3) SHALL TAKE
20 EFFECT IMMEDIATELY.
21 (2) SECTION 12 OF THIS ACT RELATING TO PETITIONS FOR
22 REMOVAL OF SUSPENSIONS OR REVOCATIONS AND THIS SECTION SHALL
23 TAKE EFFECT IMMEDIATELY.
24 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
25 DAYS.
K9L75VDL/19990H2053B3014 - 15 -