PRINTER'S NO. 2426
No. 1730 Session of 1990
INTRODUCED BY LYNCH, JULY 10, 1990
REFERRED TO TRANSPORTATION, JULY 10, 1990
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for revocation or suspension of
3 operating privilege, for racing on highways and for
4 subsequent convictions of racing on highways.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1532, 3367 and 6503 of Title 75 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 1532. Revocation or suspension of operating privilege.
10 (a) Revocation.--The department shall revoke the operating
11 privilege of any driver for one year upon receiving a certified
12 record of the driver's conviction of any of the following
13 offenses:
14 (1) Any felony in the commission of which a court
15 determines that a vehicle was essentially involved.
16 (2) Any violation of section 3735 (relating to homicide
17 by vehicle while driving under influence).
18 (3) Any violation of the following provisions:
1 Section 3367 (relating to racing on highways), where
2 the offense occurred in a city of the first class.
3 Section 3732 (relating to homicide by vehicle).
4 Section 3742 (relating to accidents involving death
5 or personal injury).
6 Section 7102(b) (relating to removal or falsification
7 of identification number).
8 Section 7103(b) (relating to dealing in vehicles with
9 removed or falsified numbers).
10 Section 7111 (relating to dealing in titles and
11 plates for stolen vehicles).
12 Section 7121 (relating to false application for
13 certificate of title or registration).
14 Section 7122 (relating to altered, forged or
15 counterfeit documents and plates).
16 (b) Suspension.--
17 (1) The department shall suspend the operating privilege
18 of any driver for six months upon receiving a certified
19 record of the driver's conviction of any offense under the
20 following provisions:
21 Section 3367 (relating to racing on highways), except
22 where the offense occurred in a city of the first class,
23 in which case subsection (a) shall apply.
24 Section 3733 (relating to fleeing or attempting to
25 elude police officer).
26 Section 3734 (relating to driving without lights to
27 avoid identification or arrest).
28 Section 3743 (relating to accidents involving damage
29 to attended vehicle or property).
30 (2) The department shall suspend the operating privilege
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1 of any driver for six months upon receiving a certified
2 record of the driver's conviction of a subsequent offense
3 under the following provisions:
4 Section 1501(a) (relating to drivers required to be
5 licensed).
6 Section 1543 (relating to driving while operating
7 privilege is suspended or revoked).
8 (3) The department shall suspend the operating privilege
9 of any driver for 12 months upon receiving a certified record
10 of the driver's conviction of section 3731 (relating to
11 driving under influence of alcohol or controlled substance)
12 or an adjudication of delinquency based on section 3731.
13 (4) This subsection does not effect an additional period
14 of revocation of the operating privileges of a driver who
15 receives an additional period of revocation for a second or
16 subsequent violation of section 1543.
17 § 3367. Racing on highways.
18 (a) Definitions.--As used in this section the following
19 words and phrases shall have the meanings given to them in this
20 subsection:
21 "Drag race." The operation of two or more vehicles from a
22 point side by side at accelerating speeds in a competitive
23 attempt to outdistance each other, or the operation of one or
24 more vehicles over a common selected course, from the same point
25 to the same point, for the purpose of comparing the relative
26 speeds or power of acceleration of the vehicle or vehicles
27 within a certain distance or time limit.
28 "Race." The use of one or more vehicles in an attempt to
29 outgain, outdistance or prevent another vehicle from passing, to
30 arrive at a given destination ahead of another vehicle or
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1 vehicles, or to test the physical stamina or endurance of
2 drivers over long distance driving routes.
3 (b) General rule.--No person shall drive a vehicle on a
4 highway in any race, speed competition or contest, drag race or
5 acceleration contest, test of physical endurance, exhibition of
6 speed or acceleration, or for the purpose of making a speed
7 record, and no person shall in any manner participate in any
8 such race, competition, contest, test or exhibition.
9 (c) Permits for special activities.--The department or local
10 authorities within their jurisdiction may issue permits for
11 special activities which would otherwise be prohibited by this
12 section.
13 (c.1) Confiscation of vehicles in city of the first class.--
14 Any vehicle used in connection with a violation of this section
15 in a city of the first class shall be confiscated and the
16 ownership of the vehicle shall be forfeited to the city where:
17 (1) the vehicle was used in violation of this section in
18 the presence of a law enforcement officer; or
19 (2) the vehicle operator is convicted of a violation of
20 this section.
21 [(d) Penalty.--Any person violating this section is guilty
22 of a summary offense and shall, upon conviction, be sentenced to
23 pay a fine of $200.]
24 (d) Penalty.--
25 (1) Except as otherwise provided in paragraph (2), any
26 person violating this section is guilty of a summary offense
27 and shall, upon conviction, be sentenced to pay a fine of
28 $200.
29 (2) In a city of the first class, a person who violates
30 this section commits a misdemeanor and shall, upon
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1 conviction, be sentenced to pay a fine of $2,500 and to
2 imprisonment for six months.
3 § 6503. Subsequent convictions of certain offenses.
4 (a) General rule.--Every person convicted of a second or
5 subsequent violation of any of the following provisions shall be
6 sentenced to pay a fine of not less than $200 nor more than
7 $1,000 or to imprisonment for not more than six months, or both:
8 Section 1501(a) (relating to drivers required to be
9 licensed).
10 Section 1543 (relating to driving while operating
11 privilege is suspended or revoked).
12 Section 3367 (relating to racing on highways).
13 Section 3733 (relating to fleeing or attempting to elude
14 police officer).
15 Section 3734 (relating to driving without lights to avoid
16 identification or arrest).
17 Section 3748 (relating to false reports).
18 (b) Racing on highways in city of the first class.--Every
19 person convicted of a second or subsequent violation of section
20 3367 (relating to racing on highways) in a city of the first
21 class shall be sentenced to pay a fine of not less than $5,000
22 and to imprisonment for one year.
23 Section 2. This act shall take effect immediately.
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